2008 October Town Board Minutes

October 2, 2008                                               3494

 

A Public Hearing was held on October 2, 2008 at 7:00pm at the Town Hall
re: proposed local law #3-2008.

 

PRESENT:

 

Supervisor Chipman          Councilwoman Archer     Councilman Cilenti
Councilwoman Michailescu    Councilman Spano        Town Clerk Sommer
Attorney Christiana

 

Supervisor Chipman opened the meeting and invited Jeff Davis to lead the
Pledge of Allegiance to the Flag.

 

Attorney Christiana read proposed local law as follows:

 

A LOCAL LAW AMENDING CHAPTER 34 OF THE CODE OF THE TOWN OF ROCHESTER

 

Section 1.

 

Section 34-3(b) of the Code of the Town of Rochester is amended to read as follows:

 

Section 34-3(b) Upon the initial appointment to the Planning Board or the Zoning Board of Appeals of the Town of Rochester the new member shall be required, as a condition of appointment, to attend a training program related to the functions of said Board within six months of the date of such appointment.  Thereafter, every member of the Planning Board and the Zoning Board of Appeals shall be required to complete, at a minimum, four hours of training each year, designed to enable such members to more effectively carry out their duties.  Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subdivision.  Methods of such training shall be approved by the town board, by resolution, and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training.

 

Section 2

 

A new section 34-3(c) of the Code of the Town of Rochester is added providing as follows:

 

Section 34-3(c) All members of the Board of Assessment Review shall be required to comply with the Training Requirements mandated by New York State Real Property Tax Law, Section 523, as same may be from time to time amended.

 

Section 3

 

This Local Law shall be effective immediately upon filing with the Secretary of State in accordance with the Municipal Home Rule Law.
No further comments.

 

A Motion was made by Councilman Cilenti to close the public hearing at 7:10pm.

 

Seconded by:  Councilman Spano              Unanimously approved

 

Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
October 2, 2008                                               3495

 

The Town Board Meeting was held on October 2, 2008 immediately following the public hearing re: proposed local law #3-08.

 

PRESENT:

 

Supervisor Chipman          Councilwoman Archer     Councilman Cilenti
Councilwoman Michailescu    Councilman Spano        Town Clerk Sommer
Attorney Christiana

 

OPEN TO THE PUBLIC:

 

A resident asked the Board to help him replace his windshield since he believed a Town Truck threw the pebble that put a hole in the glass.

 

Robert Garrett read his letter of resignation from the Advisory Operations Committee with the Accord Fire District.  His letter is filed with the Town Clerk.

 

A resident feels we should try to enforce the littering law.

 

Councilman Spano suggested signs be posted at each entrance road to our Town.

 

Michael Baden, Planning Board member attended the County Planning Board meeting.  They are making it aware that the Charter is changing and a guide is being developed formalizing the procedure for any time limits.

 

APPROVAL OF MINUTES:

 

A Motion was made by Councilman Spano to approve the following minutes as submitted:

 

August      7, 2008  Town Board Meeting
September   4, 2008  Town Board Meeting
September  25, 2008  Audit/Workshop Meeting

 

Seconded by:  Councilman Cilenti            Unanimously approved

 

SUPERVISOR’S REPORT:  Filed with the Town Clerk.

 

CORRESPONDENCE:

 

A letter was received from Rondout Valley Business Association regarding speed limit restrictions along Rout 209 from Kyserike Road to Mettacahonts Road and the installation of a traffic light on Route 209 at the intersection of Main Street, Accord.

 

LEGAL MATTERS:

 

Attorney Christiana said a meeting re: Tri-State will take place with the Judge the end of October.  She also reported that the Judge ruled in favor of Glenn Pomerantz & the Assessor.

 

Hopefully, an agreement with John Schoonmaker will be made to hasten the
opening of the Veterans Memorial Park. Attorney Christiana to submit options to Supervisor Chipman.

 

EXECUTIVE SESSION:

 

A Motion was made by Councilman Spano to enter into executive session at 7:35pm regarding a legal matter concerning the Assessors office.

 

Seconded by: Councilwoman Archer            Unanimously approved

 

A Motion was made by Councilman Spano to reconvene the meeting at 7:55pm with the Supervisor reporting no action was taken nor monies expended.

 

Seconded by:  Councilwoman Archer           Unanimously approved

 

October 2, 2008                                               3496

 

LIAISON REPORTS:

 

Supervisor Chipman and the Councilpersons shared the highlights of the meetings they attended as liaisons and committee members.

 

The Hudson River Estuary Grant has been nixed, other grants are being looked into.

 

October 13th is the day for tulip planting – volunteers are needed.

 

Youth Commission is looking for Board Members.

 

CEO new Operation Committee is going well.

 

ADOPTION OF LOCAL LAW #3-2008:

 

Resolution #120-2008

 

A Resolution was made by Councilman Cilenti, seconded by Councilman Spano that Local Law #3-2008 amending Chapter 34 of the Code of the Town of Rochester be enacted by the Town Board and amended as follows:

 

Section 1.

 

Section 34-3(b) of the Code of the Town of Rochester is amended to read as follows:

 

Section 34-3(b) Upon the initial appointment to the Planning Board or the Zoning Board of Appeals of the Town of Rochester the new member shall be required, as a condition of appointment, to attend a training program related to the functions of said Board within six months of the date of such appointment.  Thereafter, every member of the Planning Board and the Zoning Board of Appeals shall be required to complete, at a minimum, four hours of training each year, designed to enable such members to more effectively carry out their duties.  Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subdivision.  Methods of such training shall be approved by the town board, by resolution, and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training.

 

Section 2

 

A new section 34-3(c) of the Code of the Town of Rochester is added providing as follows:

 

Section 34-3(c) All members of the Board of Assessment Review shall be required to comply with the Training Requirements mandated by New York State Real Property Tax Law, Section 523, as same may be from time to time amended.

 

Section 3

 

This Local Law shall be effective immediately upon filing with the Secretary of State in accordance with the Municipal Home Rule Law.

 

                                                      Unanimously approved

 

BOAR APPOINTMENT:

 

Resolution #121-2008

 

A Motion was made by Councilwoman Archer that Martha Tardibuono be appointed to the BOAR, the term to expire 9/2013.

 

Seconded by:  Councilman Spano
October 2, 2008                                               3497

 

Roll call vote:
Councilwoman Archer        aye
Councilman Cilenti         nay
Councilwoman Michailescu   nay
Councilman Spano           aye
Supervisor Chipman         abstained       Motion not carried

 

BOAR APPOINTMENT:

 

Resolution #122-2008

 

A Motion was made by Councilman Cilenti that Imre Beke, Jr. be appointed to the BOAR, the term to expire 9/2013.

 

Seconded by:  Councilwoman Michailescu
Roll call vote:
Councilwoman Archer         nay
Councilman Cilenti          aye
Councilwoman Michailescu    aye
Councilman Spano            nay
Supervisor Chipman          aye

 

It was questioned why Supervisor Chipman abstained on one vote and not the other since he has an affiliation with Mr. Beke.  Supervisor Chipman
apologized and requested that the motion be rescinded.

 

Resolution #123-2008

 

A Motion was made by Councilman Cilenti to rescind the preceding motion.

 

Seconded by:  Councilwoman Michailescu      Unanimously approved

 

BOAR APPOINTMENT

 

RESOLUTION #124-2008

 

A Motion was made by Councilman Cilenti that Martha Tardibuono be appointed to the BOAR, the term to expire 9/2013.

 

Seconded by:  Councilwoman Archer           Unanimously approved

 

BUDGET WORKSHOP SCHEDULED:

 

RESOLUTION #125-2008

 

A Motion was made by Councilman Cilenti to schedule a Budget/Workshop Meeting on 10/23/08 at 7:00pm at the Town Hall and further authorizing the Town Clerk to advertise same.
Seconded by:  Councilwoman Michailescu      Unanimously approved

 

PUBLIC HEARING/PROPOSED 2009 BUDGET/TOWN BOARD MEETING:

 

RESOLUTION #126-2008
A Motion was made by Councilwoman Archer to schedule a public hearing for adoption of the proposed 2009 budget at 7:00pm on 11/6/08 with the Town
Board meeting immediately following and further authorizing the Town Clerk to advertise same.

 

Seconded by:  Councilman Cilenti            Unanimously approved

 

OLD BUSINESS:

 

FIRE DISTRICT OPERATIONS COMMITTEE:

 

Resolution #127-2008

 

A Motion was made by Councilman Spano that Peter Tschirky be appointed
to the Fire District Operations Committee and will serve at the will of
the Board.

 

Seconded by:  Councilman Cilenti            Unanimously approved
October 2, 2008                                               3498

 

ECC APPOINTMENT:

 

Resolution #128-2008

 

A Motion was made by Councilwoman Archer to appoint Laura Finestone, alternate to the ECC.

 

Seconded by:  Supervisor Chipman            Unanimously approved

 

A Motion was made by Councilwoman Archer to rescind the preceding motion.
Discussion: A resignation first to be received from Mark Gerard.

 

Seconded by:  Supervisor Chipman            Unanimously approved

 

ECC APPOINTMENT:

 

Resolution #129

 

A Motion was made by Councilwoman Archer to nominate Kristen Marcel as ex-officio member of the CMZ representing the Town on behalf of the ECC.

 

Seconded by:  Councilman Cilenti            Unanimously approved

 

BOARD TRAINING DISCUSSION:

 

A discussion was held regarding training options, it was agreed it must be fine tuned.

 

PUBLIC COMMENT:
Michael Baden said his proposed resolution regarding training specified that the training is approved by the Town Board – not that the Town has to pay for it.  Mr. Baden was told his work is much appreciated.

 

ADJOURNMENT:

 

A Motion was made by Councilman Spano to adjourn the meeting at 8:30pm.

 

Seconded by:  Councilman Cilenti            Unanimously approved
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
October 23, 2008                                              3499

 

A Budget Workshop Meeting was held on October 23, 2008 at 7:00pm at
the Town Hall.

 

PRESENT:

 

Supervisor Chipman       Councilwoman Archer      Councilman Cilenti
Councilwoman Michailescu

 

ABSENT:

 

Councilman Spano

 

Supervisor Chipman opened the meeting and Councilwoman Archer led the
Pledge of Allegiance to the Flag.

 

BUDGET DISCUSSION:

 

The Town Board reviewed the entire budget line by line.

 

The meeting was closed at 9:30pm.

 

Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
October 30, 2008                                              3500

 

The Audit/Workshop Meeting was held on October 30, 2008 at 7:00pm
at the Town Hall.

 

PRESENT:

 

Supervisor Chipman   Councilwoman Archer    Councilwoman Michailescu
Councilman Spano     Town Clerk Sommer

 

ABSENT:

 

Councilman Cilenti

 

Supervisor Chipman opened the meeting at 7:00pm, Assessor Stokes led
the Pledge of Allegiance to the Flag.

 

BUDGET DISCUSSION:

 

Supervisor Chipman said two BAN’S were expiring, therefore, the proposed 2009 budget can be adjusted down $79,200.

 

Topics also touched on were the Youth Program, Historic Preservation training vs education and positions and range re: salaries.

 

EXECUTIVE SESSION:

 

A Motion was made by Councilman Spano that the Board enter into executive session at 7:50pm to discuss personnel issues.

 

Seconded by:  Councilwoman Archer           Motion carried 4-0
                                                      Cilenti – absent

 

A Motion was made by Councilman Spano to reconvene the meeting at 8:15pm with the Supervisor reporting no action was taken nor monies expended.

 

Seconded by:  Councilwoman Michailescu       Motion carried 4-0
                                                      Cilenti – absent

 

APPROVAL OF BILLS:

 

A Motion was made by Councilman Spano to approve the following bills as
audited this date:

 

                   General Fund        $136,782.28
                   Highway Fund         113,613.09
                   Street Lighting (bill not received this month)

 

Seconded by:  Councilwoman Michailescu      Motion carried 4-0
                                                      Cilenti – absent

 

FURTHER DISCUSSION:

 

There was further discussion on the proposed Veterans Park land transfer,
the Cold War Veterans exemption, Route 209 speed limit request and an update on cell towers.

 

Councilwoman Archer would like to revisit with Time Warner regarding their contract with the Town.

 

EXECUTIVE SESSION:

 

A Motion was made by Councilman Spano that the Board enter into executive
session at 8:45pm with the Assessor re: pending litigation.

 

Seconded by:  Councilwoman Michailescu      Motion carried 4-0
                                                      Cilenti – absent

 

A Motion was made by Councilman Spano to reconvene the meeting at 9:35pm with the Supervisor reporting no action was taken nor monies expended.

 

Seconded by:  Councilwoman Michailescu      Motion carried 4-0
                                                      Cilenti – absent
October 30, 2008                                              3501

 

ADJOURNMENT:

 

A Motion was made by Councilwoman Michailescu to adjourn the meeting
at 9:35pm.

 

Seconded by:  Councilman Spano              Motion carried 4-0
                                                      Cilenti – absent
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC