2009 February Town Board Minutes

ebruary 5, 2009                                              3524

 

The Town Board Meeting was held on February 5, 2009 at 7:00pm at the
Town Hall.

 

PRESENT:

 

Supervisor Chipman        Councilwoman Archer   
Councilman Cilenti (7:15)       Councilwoman Michailescu  
Councilman Spano                Town Clerk Sommer
Attorney Christiana

 

Supervisor Chipman welcomed everyone to the meeting and Councilwoman
Michailescu led the Pledge of Allegiance to the Flag.

 

OPEN TO THE PUBLIC:

 

A resident spoke regarding his mining operation.

 

A resident inquired about assessment issues and requested a Data Collector be hired.

 

It was also mentioned that the Grievance Day date is mandated by
NYS law and cannot be changed when the Assessor is the sole Assessor
for the Town.

 

APPROVAL OF MINUTES:

 

A Motion was made by Councilwoman Michailescu to approve the minutes of the following meetings as submitted:

 

January  8, 2009  Organizational Meeting
January  8, 2009  Town Board Meeting
January 29, 2009  Audit/Workshop Meeting

 

Seconded by:  Councilman Spano              Unanimously approved

 

SUPERVISOR’S REPORT:  Filed with the Town Clerk.

 

SUPERVISOR’S UPDATE:

 

Supervisor Chipman requested that the Cold War Veterans be alerted that
they must file for their exemption on or before 3/1/2009 at the Assessor’s Office.  He requested that this information be posted on the Town’s web site and in the newpapers.

 

LIAISON REPORTS:

 

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

 

RESOLUTIONS:

 

RESCIND PROPOSED AMENDMENT TO SECTION 544 NYS REAL PROPERTY TAX LAW:

 

RESOLUTION #40-2009

 

A Resolution was made by Councilman Cilenti, seconded by, Councilman
Spano that

 

 WHEREAS, Governor David Paterson has proposed a property tax cap on NYS Owned Forest Preserve Land in his budget proposal, and
 WHEREAS, said cap would freeze property tax payments on these lands for the upcoming year and thereafter, and
 WHEREAS, New York State owns over 10,450 acres of land or approximately 20% of the real property in the Town of Rochester, and
 WHEREAS, the forest preserve lands have provided a multitude of environmental, economic, recreational, and aesthetic benefits for all New Yorkers, and
 WHEREAS, the Town of Rochester maintains many miles of roads that provide access to said State lands and additionally with locally provided fire, emergency and ambulance services to the thousands of people who
utilize those lands, and
February 5, 2009                                              3525

 

 WHEREAS, a tax cap on State owned forest preserve lands would cause a great hardship to the citizens of the Town of Rochester, Ulster County and the Rondout Valley Central School District, and
 WHEREAS, the proposed tax cap is not a shared sacrifice, but shifting the tax burden to Rochester Taxpayers, and
 WHEREAS, New York State’s legal obligation to pay forest preserve property taxes is not arbitrary and capricious, but is the legitimate obligation of New York State to compensate local governments for basic services which they provide for said protected lands, as well as to compensate for tax receipts forgone by local governments by the State removing opportunities for development on these said lands, and
 WHEREAS, in the event New York State buys more land with a property tax cap in place it is tantamount to an unfunded mandate on municipalities, and
 WHEREAS, if New York State refuses to fulfill its obligation to pay its fair share of property tax, the State should not pursue the acquisition of more land.
 BE IT RESOLVED, that the Town of Rochester respectfully requests that Governor David Paterson and the New York State Legislature not impose a property tax cap on State owned lands, and to rescind the proposed amendment to Section 544 of the NYS Real Property Tax Law.
 BE IT FURTHER RESOLVED, that this resolution also be sent to the Honorable Governor David Paterson, Senator John Bonacic, Assemblyman Clifford Crouch, Ulster County Executive Michael Hein, Ulster County Legislators Joseph Stoeckler, Susan Cummings, Mary Sheeley and T. J. Briggs.
                                                      Unanimously approved

 

OLD BUSINESS:

 

CELL TOWERS:

 

Supervisor Chipman said Verizon has been doing some work on the Cell Towers, however, not much has been done due to the inclement weather. AT&T has not yet applied to be on the towers.

 

NEW BUSINESS:

 

Supervisor Chipman said more volunteers are needed for various boards and commissions.

 

BOARD OF ETHICS APPOINTMENT:

 

Resolution #41-2009

 

A Motion was made by Councilwoman Archer that Paul Shaheen be appointed to the Board of Ethics, the term to expire 12/31/2012.

 

Seconded by:  Councilman Cilenti            Unanimously approved

 

HISTORIC PRESERVATION COMMISSION APPOINTMENTS:

 

Resolution #42-2009

 

A Motion was made by Councilman Cilenti that Jon Dogar Marinesco be appointed to the Historic Preservation Commission, the term to expire
12/31/2011.

 

Seconded by:  Councilman Spano              Motion carried 4-0
                                                      Michailescu – recused

 

Resolution #43-2009

 

A Motion was made by Councilman Cilenti that Felicia Raphael be appointed to the Historic Preservation Commission, the term to expire 12/31/2011.

 

Seconded by:  Councilman Spano              Unanimously approved

 

February 5, 2009                                              3526
Resolution #44-2009

 

A Motion was made by Councilman Cilenti that Barbara Zaccai be appointed to the Historic Preservation Commission, the term to expire 12/31/2011.

 

Seconded by:  Councilwoman Michailescu      Unanimously approved

 

ENVIRONMENTAL CONSERVATION COMMISSION APPOINTMENT:

 

Resolution #45-2009

 

A Motion was made by Councilwoman Archer that Steven Rice be appointed to the Environmental Conservation Commission, the term to expire 12/31/2011.

 

Seconded by:  Councilman Cilenti            Unanimously approved

 

PUBLIC HEARING/CHILD SAFETY ZONES:

 

Resolution #46-2009

 

A Motion was made by Councilman Cilenti to schedule a public hearing on March 5, 2009 at 7:00pm re: proposed local law to enact a new Chapter 70 of the Code of the Town of Rochester re: Child Safety Zones, and hereby authorizing the Town Clerk to advertise same.

 

Seconded by:  Councilwoman Archer           Unanimously approved

 

TRANSFER STATION TO EXTEND HOURS:

 

Resolution #47-2009

 

A Motion was made by Councilman Spano that the Transfer Station hours be extended to include Mondays beginning March 2, 2009 to September 29, 2009.

 

Seconded by:  Councilman Cilenti            Unanimously approved

 

PUBLIC HEARING/RE: LOCAL LAW SENIOR CITIZEN EXEMPTION:

 

Resolution #48-2009

 

A Motion was made by Councilman Cilenti to schedule a public hearing on
March 5, 2009 at the Town Hall re: Senior Citizen Exemptions.  This hearing will immediately follow a 7:00pm public hearing.  The Town Board
Meeting will immediately follow the two scheduled public hearings, and further authorizing the Town Clerk to advertise same.

 

Seconded by:  Councilman Spano              Unanimously approved

 

OPEN TO THE PUBLIC:

 

Combining resources was explained by Supervisor Chipman who also reported that grant monies has been cut in half by Governor Patterson.

 

Web-master, Mike Baden requested that pertinent information be sent to him to post on the Town’s web-site.

 

It was also reported that RVCS will close their facilities to outside groups for a year and a half in order to complete removal of asbestos.

 

Britton Baker said a proposal was sent to the State by Scenic By-ways
Committee asking to be recognized as a group re: aesthetic and recreational matters.  It was also questioned when signs are going up – when monies become available was the reply.

 

Officers representing Pine Bush Cemetery requested help from the Board to upgrade the road in the back of the cemetery.

 

One of the officers suggested that the Girl Scouts work with the Historic Preservation Commission on local genealogy.
February 5, 2009                                              3527

 

EXECUTIVE SESSIONÿ

 

A Motion was made by Councilman Spano to enter into executive session at 8:20pm regarding personnel issues in the Assessors office.

 

Seconded by:  Councilman Cilenti            Unanimously approved

 

A Motion was made by Councilman Cilenti to reconvene the meeting at
9:06pm with the Supervisor reporting no action was taken nor monies expended.

 

Seconded by:  Councilman Spano              Unanimously approved
ADJOURNMENT:

 

A Motion was made by Councilwoman Archer to adjourn the meeting at 9:07pm.

 

Seconded by:  Councilman Cilenti            Unanimously approved
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
February 26, 2009                                             3528

 

The Audit/Workshop Meeting was held on February 26, 2009 at 7:00pm
at the Town Hall.

 

PRESENT:

 

Supervisor Chipman          Councilwoman Archer    
Councilman Cilenti              Councilwoman Michailescu    
Councilman Spano        Deputy Clerk Gundberg

 

Supervisor Chipman opened the meeting and Deputy Clerk Kathleen Gundberg led the Pledge of Allegiance to the Flag.

 

INTERVIEWS:

 

The Town Board held interviews for two prospective members to positions on the ZBA and Planning Board.

 

DISCUSSIONS:
Members of the Accord Fire District Operations Committee presented the Town Board with information regarding discrepancies in the operations of the Accord Fire District.

 

APPROVAL OF BILLS:

 

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

 

                        General Fund Abstract  14 of 08       $   8,418.80
                        Highway Bills Abstract 14 of 09             139.50

 

                        General Fund Abstract   1 of 09       $ 115,044.74
                        Highway Bills Abstract  1 of 09         130,073.61
                        Street lighting                             564.74

 

Seconded by: Councilman Spano               Unanimously approved
ADJOURNMENT:

 

A Motion was made by Councilman Cilenti to adjourn the meeting at 9:20pm.

 

Seconded by: Councilman Spano               Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Deputy Town Clerk