2013 May Town Board Minutes

 

The May Town Board Meeting was held on May 2, 2013 at 7pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman              Councilwoman Archer             Councilman Drabkin Councilman Spano             Town Clerk Gundberg                       Attorney Christiana
ABSENT:
Councilman Cilenti      
PLEDGE:
Supervisor Chipman opened the meeting and led in the Pledge of Allegiance to the Flag.
INTERVIEW FOR YOUTH COMMISSION:
APPOINTMENT TO THE YOUTH COMMISSION:
Resolution # 71-2013:
A Motion was made by Councilman Drabkin to appoint Angelina Hasbrouck to the Youth Commission with a term to expire 12/31/2015.
Seconded by: Councilwoman Archer                                4-0 aye, motion carried
                                                                Cilenti – Absent
PUBLIC COMMENT:
Jay Wenk from the Woodstock Town Board spoke and passed out copies of a resolution supporting a law to criminalize the technology of hydraulic fracturing for oil and gas and all activities related. He commended the Town Board for their efforts in passing Local Law against fracking and urged to push for this resolution as well.
One resident spoke of two traffic concerns within the Town of Rochester. The traffic light at the intersection of Route 209 and Kyserike Road should be a flashing light when school is not in session. Another issue is the 4 way stop on Lucas Ave. and Kyserike Rd. “It is dangerous and unheard of to expect a vehicle to go from 55 mph to a complete stop with no warning.”
Several residents spoke against the merger of Central Hudson and Fortis Inc.
Mike Baden thanked Supervisor Chipman and Planning and Zoning secretary Becky Paddock-Stange for nominating him for the Levine Award. Also he suggested that once the draft of the purpose zoning/ subdivision changes to forward to Dennis Doyle to review. It’s free and it’s good to have someone with experience to look at it from a legal standpoint.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 4/4/2013 Town Board Meeting, 04/25/2013 Audit Workshop Meeting.
Seconded by: Councilman Drabkin                         4-0 aye, motion carried
                                                                Cilenti – Absent
SUPERVISORS REPORT: Filed with the Town Clerk
SUPERVISOR’S UPDATE /CORRESPONDENCE RECEIVED:
FORTIS TAKEOVER OF CENTRAL HUDSON:
Resolution # 72-2013:
A Motion was made by Councilman Drabkin, and Seconded by Councilwoman Archer that;
Be it resolved that the Town of Rochester Town Board, at this time, opposes the takeover of Central Hudson, a publicly traded utility located in the Hudson valley which serves the electrical needs of the residents of our Town, by Fortis, Inc., a multinational corporation headquartered in Canada for the following reasons:
  • Fortis, Inc. has only committed $49.6 million in community benefit funds as opposed to the $85 million recommended by PSC staff.
  • Fortis has only guaranteed a rate freeze for 12 months. It takes 8 months to be granted a rate increase, therefore Fortis, Inc. is in actuality the guaranteed freeze is for 4 months.
  • Central Hudson workers would only be guaranteed jobs for 2 years.
  • The potential negative impacts due to the loss of local ownership of a local utility to a foreign owned corporation protected by the North American Free Trade Agreement.
Be it further resolved that the Town Clerk forward a copy of this resolution to members of the NYS Public Service Commission c/o Jeffrey C. Cohen, Acting Secretary, Public Service Commission.                                                         
4-0aye, motion carried
                                                                        Cilenti- Absent
LEGAL UPDATES:
Attorney Christiana wanted to inform the board of the Town of Drydent law on fracking was upheld in court. This was great news since much of the Town of Rochester Local Law on fracking was written similar to the Town of Drydent.
Resolution # 73-2013:
A Motion was made by Councilman Drabkin to settle the tax certiori litigations with Equity Lifestyles by retaining the assessment at 1.8 million dollars for the years 2009 and 2010, and reducing the assessment from 2.1 million to 1.8 million for 2011 and 2012.
Seconded by: Councilwoman Archer                                        4-0aye, motion carried
                                                                        Cilenti- Absent
Supervisor Chipman thanked both the Town Attorney and Town Assessor Cynthia Stokes for all the work involved.
LIASION REPORTS:
Councilwoman Archer: HPC: 4/15 there was a sign discussion with the sign makers for the hamlets within the Town. The materials were not up to standards. There is a need for members to the commission. PB: minor subdivisions. Information about the dollar store in Kerhonkson was forwarded to the Planning Board for review.
Councilman Cilenti: absent
Councilman Drabkin: ZBA: nothing to report. Transfer station: gave his analysis for the month of April. Earthday brought in 1.8 tons of garbage, 200 tires for a total of $ 610.00. Hwy: Thanked Richard Miller for his efforts getting the 2nd generator up and running.
Councilman Spano: nothing to report
Supervisor Chipman: yc: 5/17 Mother’s Day Luncheon. On 5/27/13 at the Veteran’s park
there is a photo display “ meeting of generations”. ECC:  Welcomed Ian Duncan as a new member. They are working on fall event Farm to Family event.
NEW/OLD BUSINESS:
ADVERTISE FOR VACANCIES ON ALL BOARDS AND COMMISSIONS:
Resolution # 74-2013:
A Motion was made by Supervisor Chipman to authorize the Town Clerk to advertise in the Shawangunk journal and the blue stone press for vacancies on all boards and commissions.
Seconded by: Councilman Drabkin                                 4-0aye, motion carried
                                                                        Cilenti- Absent
AUTHORIZED EXPEDITURE OF GENERATOR HOOKUP:
Resolution # 75-2013:
A Motion was made by Councilwoman Archer authorizing Highway Superintendent Wayne Kelder to have an estimate of a generator hook up at the Community Center with an expenditure not to exceed $ 1000.00.
Seconded by: Councilman Spano                                   4-0aye, motion carried
                                                                        Cilenti- Absent
AGREEMENT BETWEEN THE MARBLETOWN RESCUE SQUAD AND THE TOWN:
Resolution # 76-2013:
A Motion was made by Councilman Drabkin to approve the following contract with the Marbletown First Aid Unit with amendments made in paragraph 5 having the Town of Rochester named as an additional issuers.
Councilwoman Archer                                             4-0aye, motion carried
                                                                        Cilenti- Absent
THIS AGREEMENT is entered into by and between the TOWN OF ROCHESTER, with offices located at Rochester Town Hall- 50 Scenic Road, PO Box 65, Accord, NY 12404 (herein referred to as MFAU) with business address of PO Box 323, High Falls, NY 12440.
        
In consideration of the mutual agreements contained herein, both parties agree to the following:
  • MFAU shall supply all labor, materials and equipment for rendering emergency response services for Town residents in the northeastern portion of the town of Accord bearing a High Falls postal address and/or MFAU response areas designated by Kerhonkson Accord First Aid Unit mutual Aid requests.
  • MFAU shall be responsible for all local, county or, if necessary, state and federal inspections of emergency service performed.
  • MFAU shall comply with all local ordinances, county, state and federal law and regulations.
  • MFAU shall expressly warrant all emergency services rendered to Town residents residing in the northeastern portion of the Town of Accord bearing a High Falls postal address and/or MFAU response areas designated by Kerhonkson First Aid Unit mutual Aid requests. This area is inclusive of areas serviced by the Accord/ Alligerville Fire department in the Town of Rochester.
  • MFAU shall maintain at its own expense liability insurance, including bodily injury, property damage and Workers Compensation insurance.
  • MFAU shall not assign to a third party or subcontractor and of the aforesaid provisions of the agreement without prior written consent and approval by the Town.
  • No failure of the Town to enforce any term of this agreement shall be deemed a waiver.
  • Any mistakes made by the MFAU at the time of rendering emergency response services must be reported within (5) five days to the Town. The Town shall not be liable for any costs incurred for repair of any damage caused to the Town by MFAU.
  • The MFAU shall be required to afford and pay for reasonable legal services for the defense of any actins or preceding arising from the work performed by the MFAU, its employees, agents or servants.
  • The MFAU shall hold the Town or Rochester harmless and indemnify the Town or Rochester for any damage to any person or to any property during and after performance of the agreement.
  • The foregoing constitutes the entire agreement between the Town and MFAU, with the terms of said agreement only modified by written consent by both parties.
AUTHORIZATION OF HIGHWAY TRUCK IN MEMORIAL DAY PARADE:
Resolution #77-2013:
A Motion was made by Councilman Drabkin to authorize the use of 2 highway trucks in the Memorial Day parade.
Seconded by: Councilman Spano                                   4-0 aye, motion carried
                                                                        Cilenti- absent
AUTHORIZATION TO MOVE BOULDERS ON PROJECT 32 RD:        
Resolution # 78-2013:
A Motion was made by Councilman Drabkin to authorize the highway department to move boulders located at the turn around on the end of Town owned road of project 32 rd. seasonally or when deemed appropriate.  
Seconded by: Councilman Spano
DISCUSSION:
Councilman Spano asked if anyone discussed with the Fire Company about this issue. Public safety is his concern with boulders blocking the turnaround is if this is going to cause difficulties for emergency vehicles? 
Supervisor Chipman stated that it shouldn’t and moving the boulders will help alleviate the parking at the swimming hole.
                                                                        4-0 aye, motion carried
                                                                        Cilenti- absent
EXECUTIVE SESSION:
A Motion was made by Supervisor Chipman to enter into executive session at 8:15pm to discuss the Rainbow Diner.
Seconded by: Councilman Drabkin                                 4-0aye, motion carried
                                                                        Cilenti-Absent
A Motion was made by Councilman Drabkin to reconvene the meeting at 8:30pm stating no action taken nor monies expended.
Seconded by: Councilwoman Archer                                        4-0aye, motion carried
                                                                        Cilenti- Absent
PUBLIC COMMENT PERIOD:
Several residents spoke on the personal effects the traffic on Project 32 Rd.  
Residents thanked the board for passing a resolution opposing FORTIS taking over Central Hudson.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:35 pm.
Seconded by: Councilwoman Archer                                        4-0 aye, motion carried
                                                                        Cilenti- absent
Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on May 30, 2013 at 7:00pm at the Town Hall.
PRESENT:
Supervisor Chipman              Councilman Cilenti                      Councilman Drabkin                  
Town Clerk Gundberg               Attorney Christiana
ABSENT:
Councilwoman Archer     Councilman Spano
PLEDGE:
Supervisor Chipman opened the meeting and Carol Fisher led in the Pledge of Allegiance to the Flag.
APPROVAL OF BILLS:
A Motion was made by Councilman Cilenti to approve the following bills as audited this date
                        
                                        
General Fund Abstract 5 of 2013         $             33,719.56
                        Highway Fund Abstract 5of 2013          $           113,555.87
Street Lighting                                 $                  410.45
                                                                        ______________
                                                                        
$            147,685.88
Seconded by: Councilman Drabkin                                         motion carried
SCHEDULE PUBLIC HEARING: SPECIAL EVENTS IN AR-3 DISTRICT
Resolution # 79-2013:
A Motion was made by Councilman Drabkin to schedule a public hearing for special events in the AR-3 district on 6/27/2013 at 7pm and authorizing the Town Clerk to advertise the same.
Seconded by: Councilman Cilenti                                 3-0aye, motion carried
                                                                        Archer, Spano-Absent
SCHEDULE CHANGE OF JULY TOWN BOARD MEETING:
Resolution # 80-2013:
A Motion was made by Councilman Drabkin to reschedule the July Town Board Meeting for July 11, 2013 at 7pm and further authorizing the Town Clerk to advertise the same.
Seconded by: Councilman Cilenti                                 3-0aye, motion carried
                                                                        Archer, Spano-Absent
SCHEDULE PUBLIC HEARING: TIME WARNER CABLE CONTRACT:
Resolution # 81-2013:
A Motion was made by Councilman Drabkin to schedule a public hearing for the Time Warner Cable contract on 7/11/2013 at 7pm and further authorizing the Town Clerk to advertise the same.
Seconded by: Councilman Cilenti                                 3-0aye, motion carried
                                                                        Archer, Spano-Absent
EXECUTIVE SESSION:
A Motion was made by Councilman Drabkin to enter into executive session at 7:10pm to discuss a personnel issue and the potential hire in the Recreation Department.
Seconded by: Councilman Cilenti                                 3-0aye, motion carried
                                                                        Archer, Spano-Absent
A Motion was made by Supervisor Chipman to reconvene the meeting at 7:30pm stating no action taken nor monies expended.
Seconded by: Councilman Cilenti                                 3-0aye, motion carried
                                                                        Archer, Spano-Absent
APPOINTMENTS FOR POSITIONS TO THE RECREATION DEPARTMENT:
Resolution # 82-2013:
A Motion was made by Councilman Cilenti to hire Rita Harkins and Angelina Hasbrouck for part-time positions to the Recreation Department at $ 12.00 per hour not to exceed 910 hrs. each.
Seconded by: Councilman Drabkin                                 3-0aye, motion carried
                                                                        Archer, Spano-Absent
GRANT EXTENSION:
Councilman Cilenti stated for the record the Town Board grant the Town Constabulary Richard Miller permission to extend the 2 grants CPD: Police Operations and CPD-MG: Municipal Government to 6/04/2013 pending.                                      
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 7:30pm
Seconded by: Councilman Cilenti                                 3-0aye, motion carried
                                                                        Archer, Spano-Absent
                                        
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk