Town Board Meeting – February 2017

The Regular Town Board Meeting was held on February 2, 2017 at 7pm at the Town of Rochester Town Hall located at 50 Scenic Road Accord, NY 12404.
PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Town Clerk Gundberg Attorney Christiana
PLEDGE:
Supervisor Chipman opened the meeting and Councilwoman Fornino led in the Pledge of Allegiance to the Flag.
AMENDMENT TO THE AGENDA:
Resolution # -40-2017:

A Motion was made by Councilman Drabkin to move the appointment of the Town Board member to be first on the agenda so there is a full Board.

Seconded by: Councilwoman Chachkin 4-0aye, motion carried

Councilman Drabkin stated that we need to have a full Board and the Town Board has discussed this appointment.

APPOINTMENT TO THE TOWN BOARD:
Resolution # 41 -2017:

A Motion was made by Supervisor Chipman to appoint Greta Baker to the open vacancy on the Town Board.

Greta is a property owner and a business owner in the Town of Rochester, she has been involved in many activities in the Town. By Greta joining the Board this would be the first time in History that the majority Board would be women. Supervisor Chipman would like to bring back history of the Board and the vacant seat represents a seat that was vetted by the Democratic Committee.
There was a meet and greet meeting held with the Democrats and Greta was voted the winner and that should play a factor in the decision making.

Motion not carried

Resolution # 42-2017:

A Motion was made by Councilwoman Fornino to appoint Bea Haugen-Depuy to open vacancy of the Town Board with a term to expire 12/31/2017.

Seconded by: Councilman Drabkin

Councilman Drabkin has worked with Bea for the past five years on the Zoning Board and she is very committed to the work she has done all these years.

ROLL CALL:

Councilwoman Chachkin aye
Councilwoman Fornino aye
Councilman Drabkin aye
Supervisor Chipman aye 4-0aye, motion carried

SWEARING IN OF TOWN BOARD MEMBER:

Town Clerk Gundberg administered the oath of office to Bea Haugen-Depuy for the vacancy of the Town Board seat with a term to expire 12/31/2017.

Bea Haugen-Depuy thanked the Board for the appointment she stated that she too is a registered democrat and a former Town Chair so has experience being both sides of the seat. “I have served for many years on the Zoning Board. I will help all the best that I can and thank you all.”

PUBLIC COMMENT PERIOD:
Mike Baden stated that Bea needs to officially resign from ZBA.
Martha Tardibuono welcomed Bea to the Board. Ms. Tardibuono expressed her displeasure of appointing the Town Board member prior to holding the public comment. “The public should have the right to express who they want in the seat. Prior to the appointment there was a meeting with over 50 people in attendance with 4 candidates. The input should have been important here and I am getting terrible vibes we are going back 10-12 years and the Board was tipped to one side and things were very bad. I hope the Board made the right decision and we need to all join together and I am not seeing that happening.”
Phil Rose thanked Carl for a great statement he is embarrassed for the Board. I hope Greta will run for the full term.
Councilman Drabkin stated that these appointments are very difficult. In November the people in the Town will vote for who they want.
APPROVAL OF MINUTES:
A Motion was made by Councilwoman Fornino to approve the 1/5/2017 Organizational Meeting, 1/5/2017 Regular Town Meeting, 1/26/2017 Public Hearing on Local Law # 1-17, 1/26/2017 Audit Workshop Meeting.
Seconded by: Councilwoman Chachkin 4-0aye, motion carried
Haugen-Depuy, Abstain

SUPERVISOR’S REPORT:
Filed with the Town Clerk. Future reports will be done electronically.
LEGAL UPDATES:
Attorney Christiana sent a memo to the Board regarding confidential matters.
LIAISON/ COMMITTEE REPORTS:
Councilwoman Chachkin: Planning Board 1/9/17 meeting a Public Hearing was held for multi uses on a 9 acre parcel on Old Mine Road. The public hearing will continue on 2/13/17. 3 lot subdivision off melody lane proposed.
ZRC: met on 1/13/17 & 1/27/17. Zoning revisions will be presented to the Board in the near future.
Councilwoman Fornino: YC: accepting registrations for the Summer Program. Resident fee is
$ 110.00 per week and non-resident registrations will start 4/1/17 and the fee will be $ 120 per week. The Valentine’s Day luncheon will take place on 2/14/2017 from 11:30-1pm. The Children’s party is scheduled for 3-5:30pm.
Councilman Drabkin: ZBA: nothing to report.
Supervisor Chipman: Hwy: The communication between Highway Superintendent Spano and the Board has been fantastic. Highway Superintendent thanked his crew for a great job on the roads. This season the salt ratio went from a 7:1 to 5:1 which helps the guys with less runs and less wear and tear on the trucks and equipment.
Town Clerk Gundberg reported that for the month of January 4.8 million dollars was collected & the Tax Warrant for the Town of $ 2,425,433.21 has been satisfied.

NEW/OLD BUSINESS:
LOCAL LAW # 1-2017: AMENDING CHAPTER 128 OF THE TOWN CODE:
Resolution # 42-2017:

A Motion was made by Councilman Drabkin and Seconded by Councilwoman Chachkin to adopt Local Law # 1-2017;

Amending Chapter 128 of the Town of Rochester Town Code “ Taxation” to extend time to file renewal.

This Local Law is adopted pursuant to the authority contained New York State Real Property Tax Law 467(8-a).

128-12 of the Code of the Town of Rochester, pertaining to the procedure for application for Senior Citizen Tax Exemptions, is amended to read as follows:

Applications for such exemption must be made by the owner or all owners of the property on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in such Assessor’s Office on or before the appropriate taxable status date.

Where a renewal application for the exemption authorized by this section has not been filed on or before the taxable status date, and the owner believes that good cause existed for the failure to file the renewal application by that date, the owner may, no later than the last day for paying taxes without incurring interest or penalty, submit a written request to the assessor asking him or her to extend the filing deadline and grant the exemption. Such request shall contain an explanation of why the deadline and grant the exemption if he or she is satisfied that (i) good cause existed for the failure to file the renewal application by the taxable status date, and that (ii) the applicant is otherwise entitled to the exemption, The assessor shall mail notice of his or her determination to the owner. If the determination states that the assessor has granted the exemption, he or she shall thereupon be authorized and directed to correct the assessment roll accordingly, or, if another person has custody or control of the assessment roll, to direct that person to make the appropriate corrections. If the correction is not made before taxes are levied, the failure to take the exemption into account in the computation of the tax shall be deemed a “clerical error” for purposes of title three of article five of the New York State Real Property Tax Law, and shall be corrected accordingly.

4-0aye, motion carried
Haugen-Depuy

BOARD AND COMMISSION APPOINTMENTS:

ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 43 -2017:

A Motion was made by Councilwoman Chachkin to appoint to following to the Environmental Conservation Commission;

Laura Finestone (Chairwoman) with a term to expire 12/31/2020
Chris Hewitt with a term to expire 12/31/2020
John Messerschmidt with a term to expire 12/31/2019
Angela Dorris Vice Chair

Seconded by: Councilman Drabkin 4-0aye, motion carried
Haugen-Depuy Abstain

HISTORIC PRESERVATION COMMISSION:
Resolution # 44-2017:

A Motion was made by Councilwoman Chachkin to appoint the following to the Historic Preservation Commission;

Alice Cross Chairwoman & Ward Mintz Vice-Chair.
4-0aye, motion carried
Haugen-Depuy Abstain
PLANNING BOARD:
Resolution # 45-2017:

A Motion was made by Councilwoman Chachkin to appoint the following to the Planning Board;

Alonzo Grace with a term to expire 12/31/2018
Rick Jones with a term to expire 12/31/2023
Ed Pommerantz to serve as Alternate with a term to expire 12/31/2018
Mike Baden to serve a Chairman
Marion Lindstrom to serve as Vice-Chair
4-0aye, motion carried
Haugen-Depuy Abstain
ZONING BOARD OF APPEALS:
Resolution # 46-2017:

A Motion was made by Councilwoman Chachkin to appoint Rebecca Collins to the Zoning Board of Appeals with a term to expire 12/31/2021.

Seconded by: Councilman Drabkin 4-0aye, motion carried
Haugen-Depuy Abstain
Resolution # 47-2017:

A Motion was made by Councilwoman Chachkin to appoint Greta Baker to the Zoning Board of Appeals with a term to expire 12/31/2019.

Seconded by: Councilman Drabkin 5-0aye, motion carried

Resolution # 48-2017:
A Motion was made by Councilwoman Chachkin to appoint the following to the Zoning Board of Appeals;

Erin Enouen to serve as Alternate with a term to expire 12/31/2018
Cliff Mallory to serve as Chairman
Steve Fornal to serve as Vice-Chair
5-0aye, motion carried
YOUTH COMMISSION:
Resolution # 49-2017:

A Motion was made by Councilwoman Chachkin to appoint the following to the Youth Commission;

Sandy Chipman with a term to expire 12/31/2019
Pam Stocking with a term to expire 12/31/2019
Jessica Knapp to serve as Chairwoman
Pam Stocking to serve as Vice Chair

Seconded by: Councilwoman Fornino 4-0aye, motion carried
Chipman Abstain

ROAD IMPROVEMENT EXPENDITURE:
Resolution # 50-2017:

A Motion was made by Councilman Drabkin to approve the expenditure of $ 122,295.59 out of the Highway Fund Appropriations- General Repairs Line DA-6-5110.400, and to authorize the Superintendent of Highways to execute a contract with Peckham Materials located at 2 Union Street Extension, Athens, NY 12015 for double chip and seal to improve the following roadways:

a. Schroon Hill Road 10560 feet.
b. Dewitt Road6442 feet.
c. Sahler Mill Road 5996 feet.
d. Beehive Road 1901 feet
e. Dug Road 2693 feet
A total of approximately 5.25 miles of roadway.

Seconded by: Councilwoman Fornino 5-0aye, motion carried

GIS LOCAL ROADS PROJECT:
Resolution # 51 -2017:

A Motion was made by Councilwoman Chachkin to approve an update to the Town’s road inventory for the GIS Local Road Project, which was established as a Federal mandate. The resolution is to indicate the following:
a. The roads below are public roads, owned by the Town.
b. The Town has legal and maintenance responsibility for the roads, and
c. The roads are open to the traveling public without restrictions.

The following roads to be updated are as follows:

ADD:
a. Only one Barry Lane ( DOT ID 262994)- 0.16 miles from Mettacahonts to Dead End- currently there are two Barry Lanes listed.
b. Mountain Road (seasonal) ( DOT ID 198192)- 1.43 miles between Trails End Road to the Town of Denning Border.
c. Williams Street ( DOT ID 198250)-0.07 miles between Whitfield Road and Bank Street.
d. VanDemark Lane -0.09 miles between Clay Hill Road and County Route 3 (CR3).

REMOVE:
e. Peterskill Crossing ( DOT ID 198200)

Seconded by: Councilwoman Fornino 5-0aye, motion carried

HIGHWAY VEHICLE PURCHASE:
Resolution # 52 -2017:

A Motion was made by Councilwoman Fornino to approve the expenditure of $ 72,079.00 out of the Highway Fund appropriations- Miscellaneous Equipment Line DA-6-5140.200 and to authorize the Superintendent of Highways to execute a contract with Sayer Motors located at 166 Ulster Avenue, Saugerties, NY 12447 for one 2017 Ram 5500 series diesel engine 6.7L chassis cab 4X4 and Hudson River Truck and Trailer of 12 Commerce Street Ext, Poughkeepsie NY 12603 fir a stainless steel dump body, 9.5’ stainless “ V” plow, and a 4.5 yard Fisher Stainless “steel caster” sander.

Seconded by: Councilman Drabkin 4-0aye, motion carried
Haugen-Depuy- Abstain
OFF-ROAD DIESEL BID:
Resolution # 53-2017:

A Motion was made by Councilwoman Chachkin to seek sealed bids for Off-Road Diesel fuel. The Fuel is to be delivered and supplied to the crushing and screening equipment at the Town owned gravel bank located on Krum Road. Bids are due 3/2/2017 at 11am to the office of the Town Clerk PO Box 65 Accord, NY 12404 and the Town Clerk is authorized to advertise the same.

Seconded by: Councilwoman Fornino 5-0aye, motion carried

CRUSHING FOR TOWN OWNED GRAVEL BID:
Resolution # 54 -2017:

A Motion was made by Councilman Drabkin to seek sealed bids for crushing and screening of Town owned gravel located on Krum Road. All bids are due 3/2/2017 at 11:30am to the office of the Town Clerk PO Box 65 Accord, NY 12404 and the Town Clerk should advertise the same.

Seconded by: Councilwoman Chachkin 5-0aye, motion carried

HAULING OF ROAD MATERIAL BID:
Resolution # 55 -2017:

A Motion was made by Councilman Drabkin to seek sealed bids for the hauling by truck of road material by the price per ton per mile to the Town of Rochester gravel bank located on Krum Road and/or Town Barn located at 50 Scenic Rd Accord, NY 12404. Bids are due 3/2/2017 at 10:30am to the office of the Town Clerk PO Box 65 Accord, NY 12404 and the Town Clerk should advertise the same.

Seconded by: Councilwoman Fornino 5-0aye, motion carried

SOLAR RFP UPDATE:

Larry Dewitt updated the Board on changes to the law regarding PSI and Que’s that affect the solar RFP.

PUBLIC COMMENT:

Mike Baden welcomed all new members to Board and Commissions. He thanked Shane Ricks for 30 years of dedicated service to the Town of Rochester Planning Board. He has been a great asset to the Board and his knowledge will be missed.
Also a correction needs to be made to the Environmental conservation commission the terms should expire 12/31/2019.

AMENDING RESOLUTION # -2017 ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 56-2017:

A Motion was made by Councilwoman Chachkin to amend the following appointments to the Environmental Conservation Commission;

Laura Finestone with a term to expire 12/31/2019
Chris Hewitt with a term to expire 12/31/2019

Seconded by: Councilman Drabkin 5-0aye, motion carried

PUBLIC COMMENT PERIOD:

Charlie Fischer suggested that the Highway department look into tanks to haul the off road diesel fuel.

Martha Tardibuono expressed her disappointment in the Town Board vote in the appointment of the vacant Town Board seat. “It should have ended in a 2 -2 vote and everyone voted the same way except Supervisor Chipman.”

RESPECTFULLY SUBMITTED,

Kathleen A. Gundberg
Town Clerk