2009 July Town Board Minutes

July 2, 2009                                                  3556

 

A Public Hearing was held on July 2, 2009 at 7:00pm at the Town Hall re: a local law amending Chapter 81 of the Code of the Town of Rochester.

 

PRESENT:

 

Supervisor Chipman     Councilman Cilenti     Councilwoman Michailescu
Councilman Spano       Town Clerk Sommer

 

ABSENT:

 

Councilwoman Archer

 

Supervisor Chipman opened the meeting and Charles (Chick) Logan led the Pledge of Allegiance to the Flag.

 

Supervisor Chipman said the public hearing was for a proposed local law amending Chapter 81 of the Code of the Town of Rochester, Flood Damage Prevention, as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law, Article 36.

 

No comments were made.

 

PUBLIC HEARING CLOSED:

 

A Motion was made by Councilman Spano to close the public hearing at
7:03pm.

 

Seconded by:  Councilwoman Michailescu      Motion carried 4-0
                                                      Archer – absent
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
July 2, 2009                                                  3557

 

The Town Board Meeting was held on July 2, 2009 at Town Hall immediately following the public hearing re: Flooding.

 

PRESENT:

 

Supervisor Chipman     Councilman Cilenti     Councilwoman Michailescu
Councilman Spano       Town Clerk Sommer

 

ABSENT:

 

Councilwoman Archer

 

PUBLIC COMMENT:

 

Charles Logan & Gary Miller representatives for the Palentown Schoolhouse presented quotes to the Board for a new roof on the building.  The roof is leaking and needs repair.  Thanks to Commissioner Bob Garrett and his firemen crew that put a plastic tarp on the roof.

 

Another resident suggested that a metal roof might be better.

 

APPROVAL OF MINUTES:

 

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

 

June  4, 2009   Town Board Meeting
June 18, 2009   Workshop Meetings
June 25, 2009   Audit/Workshop Meeting

 

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

 

CORRESPONDENCE:

 

Supervisor Chipman referred to a letter received requesting the speed limit lowered on Route 209 in Kerhonkson.

 

SUPERVISOR’S REPORT:  Filed with the Town Clerk.

 

Supervisor Chipman reported that speeding on Berme Road has increased due to the detour caused by the Kerhonkson Bridge closure.  He also met with Senator Bonacic re: the stalemate in the Senate.

 

LIAISON REPORTS:

 

The Councilpersons gave a synopsis of the meetings they attended as liaisons.
LOCAL LAW #3-2009 FLOOD DAMAGE PREVENTION:

 

RESOLUTION #82-2009

 

A RESOLUTION WAS MADE BY COUNCILMAN CILENTI, SECONDED BY COUNCILMAN SPANO
TO ADOPT LOCAL LAW #3-2009, AMENDING CHAPTER 81 OF THE CODE OF THE TOWN
OF ROCHESTER, FLOOD DAMAGE PREVENTION, AS AUTHORIZED BY THE NEW YORK
STATE CONSTITUTION, ARTICLE IX, SECTION 2, AND ENVIRONMENTAL CONSERVATION
LAW, ARTICLE 36.

 

Section 1-Chapter 81 of the Code of the Town of Rochester is repealed in its entirety and replaced with the following:
July 2, 2009                                                  3558

 

ARTICLE I – STATUTORY AUTHORIZATION AND PURPOSE

 

81-1 FINDINGS

 

The Town Board of the Town of Rochester finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Rochester and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life.  In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted.

 

81-2 STATEMENT OF PURPOSE

 

It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

 

A.  regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

 

B.  require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

 

C.  control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

 

D.  control filling, grading, dredging and other development which may increase erosion or flood damages;

 

E.  regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other
        lands, and;

 

F.  quality and maintain for participation in the National Flood Insurance Program.

 

81-3 OBJECTIVES

 

 The objectives of this local law are:

 

A.  to protect human life and health;

 

B.  to minimize expenditure of public money for costly flood control projects;

 

C.  to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general
        public;

 

D.  to minimize prolonged business interruptions;

 

E.  to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

 

F.  to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

 

G.  to provide that developers are notified that property is in an area of special flood hazard; and,

 

H.  to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
July 2, 2009                                                  3559

 

ARTICLE II – DEFINITIONS

 

81-4 Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application.

 

“Appeal” means a request for a review of the Local Administrator’s interpretation of any provision of this Local Law or a request for a variance.

 

“Area of shallow flooding” means a designated AO,AH or VO Zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly designed channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow.

 

“Areas of special flood hazard” is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.  This area may be designated as Zone A, AE, AH, AO, A1- A30,A99,V,VO,VE,or V1-V30.  It is also commonly referred to as the base floodplain or 100 year floodplain.  For purposes of this Local Law, the term “special flood hazard area (SFHA)”is synonymous in meaning with the phrase “area of special flood hazard.”

 

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year.

 

“Basement” means that portion of a building having its floor subgrade (below ground level) on all sides.

 

July 2, 2009                                                  3574

 

D.  Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

 

E.  Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

 

Roll call vote:

 

Councilwoman Archer       absent
Councilman Cilenti        aye
Councilwoman Michailescu  aye
Councilman Spano          aye
Supervisor Chipman        aye               Motion carried 4-0
                                                       Archer – absent

 

NEW BUSINESS:

 

PUBLIC HEARINGS SCHEDULED:

 

RESOLUTION #83-2009

 

A Motion was made by Councilman Cilenti that the Town Board schedule a public hearing regarding a proposed Local Law entitled “Zoning Code” which amends in its entirety Chapter 140 of the Code of the Town of Rochester entitled “Zoning” on July 23, 2009 at 7:00pm at the Accord Fire Hall, and further authorizing the Town Clerk to advertise same.  All interested persons will be heard.

 

Seconded by:  Councilman Spano              Motion carried 4-0
                                                       Archer – absent

 

RESOLUTION #84-2009

 

A Motion was made by Councilman Spano that the Town Board schedule a public hearing regarding a proposed Local Law entitled “Subdivision Code”, which local law amends in its entirety Chapter 125 of the Code of the Town of Rochester entitled “Subdivision” on July 23, 2009 at 7:00pm
at the Accord Fire Hall, and further authorizing the Town Clerk to advertise same.  All interested persons will be heard.

 

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

 

RESOLUTION #85-2009

 

A Motion was made by Councilwoman Michailescu that the Town Board schedule a public hearing regarding a proposed Local Law entitled “Tele-communications”, which local law repeals Chapter 130 of the Code of the Town of Rochester, and further authorizing the Town Clerk to advertise same.

 

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

 

RESOLUTION REFERRING ZONING CODE TO COUNTY PLANNING DEPARTMENT:

 

RESOLUTION #86-2009

 

A Motion was made by Councilman Cilenti , seconded by Councilwoman Michailescu that
WHEREAS, the Town Board of the Town of Rochester together with the Comprehensive Plan, Zoning Code and Map Task Force and Special Planning Consultant have prepared a revised and updated Zoning Code to guide future development of the Town of Rochester; and
WHEREAS, the Town Board will be conducting a public hearing on this code at its July 23, 2009 meeting, and
WHEREAS, the Town of Rochester is required pursuant to NEW York State Town Law #272-a to refer said plan to the Ulster County Planning Department for review and comment; and
WHEREAS, the Town Board has previously submitted and received comments on the proposed Zoning Code and made revisions accordingly; and
July 2, 2009                                                  3575
WHEREAS, the Town now refers the Zoning Code as revised to the Ulster County Planning Department; and WHEREAS, the Town Board has and will continue to actively seek input from the Ulster County Planning Department in this matter.

 

NOW, THEREFORE, BE IT RESOLVED:
That the Town Clerk is hereby directed to transmit a copy of the said Zoning Code to the Ulster County Planning Department together with the Full Environmental Assessment Form and attachments for review and comment.

 

Roll call vote:
Councilwoman Archer        absent
Councilman Cilenti         aye
Councilwoman Michailescu   aye
Councilman Spano           aye
Supervisor Chipman         aye              Motion carried 4-0

 

RESOLUTION REFERRING ZONING CODE TO THE TOWN OF ROCHESTER PLANNING BOARD

 

RESOLUTION #87-2009

 

A Motion was made by Councilman Spano, seconded by Councilman Cilenti that
WHEREAS, the Town Board of the Town of Rochester together with the Comprehensive Plan, Zoning Code and Map Task Force and Special Planning Consultant have prepared a revised and updated Zoning Code to guide future development of the Town of Rochester; and
WHEREAS, in recognition of the importance of planning and zoning to the Town of Rochester, the Town Board is interested in seeking input from the Town of Rochester Planning Board regarding such Zoning Code.

 

NOW, THEREFORE, BE IT RESOLVED:
that the Town Clerk is hereby directed to transmit a copy of the said Zoning Code to the Town of Rochester Planning Board for its review and comment.

 

Roll call vote:
Councilwoman Archer        absent
Councilman Cilenti         aye
Councilwoman Michailescu   aye
Councilman Spano           aye
Supervisor Chipman         aye              Motion carried 4-0
RESOLUTION PROVIDING NOTICE OF HEARING FOR THE PROPOSED ZONING CODE TO ADJOINING MUNICIPALITIES:

 

RESOLUTION #88-2009

 

A Motion was made by Councilman Cilenti, seconded by Councilman Spano, that
WHEREAS, the Town of Rochester has prepared a proposed new Zoning Code to replace the current Zoning Code to regulate growth and development within the Town of Rochester; and
WHEREAS, in accordance with New York State Town Law #261 through 265 and Town of Rochester Code, the Town Board is required to provide notice of the proceeding on the proposed new Zoning Code to all adjoining municipalities for review and comments from said adjoining municipality.
NOW, THEREFORE, BE IT RESOLVED:
that the Town Clerk is hereby directed to transmit notice of the public hearing on the proposed Zoning Code to all adjoining municipalities.

 

Roll call vote:
Councilwoman Archer        absent
Councilman Cilenti         aye
Councilwoman Michailescu   aye
Councilman Spano           aye
Supervisor Chipman         aye              Motion carried 4-0
July 2, 2009                                                  3576

 

RESOLUTION PROVIDING NOTICE OF PUBLIC HEARING FOR THE PROPOSED ZONING CODE TO THE PALISADES INTERSTATE PARK COMMISSION

 

RESOLUTION #89-2009

 

A Motion was made by Councilman Cilenti, seconded by Councilwoman Michailescu that
WHEREAS, the Town of Rochester has prepared a proposed new Zoning Code to replace the current Zoning Code to regulate growth and development within the Town of Rochester, and
WHEREAS, in accordance with New York State Town Law #261 through 265 and Town of Rochester Code, the Town Board is required to provide notice of the proceeding on the proposed new Zoning Code to adjoining regional state park commissions for review and comments; and
WHEREAS, the Town Board is interested and actively seeks input and comments from said adjoining regional state park commission
NOW, THEREFORE, BE IT RESOLVED:
that the Town Clerk is hereby directed to transmit notice of public hearing on the proposed Zoning Code to the Palisades Interstate Park Commission.

 

Roll call vote:
Councilwoman Archer        absent
Councilman Cilenti         aye
Councilwoman Michailescu   aye
Councilman Spano           aye
Supervisor Chipman         aye              Motion carried 4-0

 

RESOLUTION REFERRING ZONING CODE TO THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS

 

RESOLUTION #90-2009

 

A Motion was made by Councilman Spano, seconded by Councilman Cilenti that
WHEREAS, the Town Board of the Town of Rochester together with the Comprehensive Plan, Zoning Code, and Map Task Force and Special Planning Consultant have prepared a revised and updated Zoning Code to guide future development of the Town of Rochester; and
WHEREAS, in recognition of the importance of agriculture to the Town of Rochester, the Town is interested in seeking input from the New York State Department of Agriculture and Markets regarding such Zoning Code.
NOW, THEREFORE, BE IT RESOLVED:
that the Town Clerk is hereby directed to transmit a copy of the said Zoning code to the New York State Department of Agriculture and Markets for its review and comment.

 

Roll call vote:
Councilwoman Archer        absent
Councilman Cilenti         aye
Councilwoman Michailescu   aye
Councilman Spano           aye
Supervisor Chipman         aye              Motion carried 4-0

 

RESOLUTION REFERRING SUBDIVISION CODE TO THE COUNTY PLANNING DEPARTMENT

 

RESOLUTION #91-2009

 

A Motion was made by Councilman Spano, seconded by Councilman Cilenti that
WHEREAS, the Town Board of the Town of Rochester together with the Comprehensive Plan, Zoning Code, and Map Task Force and Special Planning Consultant have prepared a revised and updated Subdivision Code to guide future development of the Town of Rochester; and
WHEREAS, the Town Board will be conducting a public hearing on this code at its July 23, 2009 meeting; and
WHEREAS, the Town of Rochester is required pursuant to New York State Town Law #272-a to refer said code to the Ulster County Planning Department for review and comment; and
July 2, 2009                                                  3577

 

WHEREAS, the Town Board has previously submitted and received comments on the proposed Subdivision Code and made revisions accordingly; and
WHEREAS, the Town now refers the Subdivision Code as revised to the Ulster County Planning Department; and
WHEREAS, the Town Board has and will continue to actively seek input from the Ulster County Planning Department in this matter.
NOW, THEREFORE, BE IT RESOLVED:
that the Town Clerk is hereby directed to transmit a copy of the said Subdivision Code to the Ulster County Planning Department together with the Full Environmental Assessment Form and attachments for review and comments.

 

Roll call vote:
Councilwoman Archer        absent
Councilman Cilenti         aye
Councilwoman Michailescu   aye
Councilman Spano           aye
Supervisor Chipman         aye              Motion carried 4-0

 

RESOLUTION REFERRING SUBDIVISION CODE TO THE TOWN OF ROCHESTER PLANNING BOARD

 

RESOLUTION #92-2009

 

A Motion was made by Councilman Cilenti, seconded by Councilman Spano, that
WHEREAS, the Town Board of the Town of Rochester together with the Comprehensive Plan, Zoning Code, and Map Task Force and Special Planning Consultant have prepared a revised and updated Subdivision Code to guide future development of the Town of Rochester; and
WHEREAS, in recognition of the importance of planning and zoning to the Town of Rochester, the Town Board is interested in seeking input from the Town of Rochester Planning Board regarding such Subdivision Code.
NOW, THEREFORE, BE IT RESOLVED:
that the Town Clerk is hereby directed to transmit a copy of the said Subdivision Code to the Town of Rochester Planning Board for its review and comment.

 

Roll call vote:
Councilwoman Archer        absent
Councilman Cilenti         aye
Councilwoman Michailescu   aye
Councilman Spano           aye
Supervisor Chipman         aye              Motion carried 4-0

 

RESOLUTION PROVIDING NOTICE OF HEARING FOR THE PROPOSED SUBDIVISION CODE TO ADJOINING MUNICIPALITIES

 

RESOLUTION #93-2009

 

A Motion as made by Councilman Spano, seconded by Councilman Cilenti that
WHEREAS, the Town of Rochester has prepared a proposed new Subdivision Code to replace the current Subdivision Code to regulate growth and development within the Town of Rochester; and
WHEREAS, in accordance with New York State Town Law #261 through 265 and Town of Rochester Code, the Town Board is required to provide notice of the proceeding on the proposed new Subdivision Code to all adjoining municipalities for review and comments; and
WHEREAS, the Town Board is interested and actively seeks input and comments from said adjoining municipality.
NOW, THEREFORE, BE IT RESOLVED:
that the Town Clerk is hereby directed to transmit notice of the public hearing on the proposed Subdivision Code to all adjoining municipalities.

 

Roll call vote:
Councilwoman Archer        absent
Councilman Cilenti         aye
Councilwoman Michailescu   aye
Councilman Spano           aye
Supervisor Chipman         aye              Motion carried 4-0
July 2, 2009                                                  3578

 

RESOLUTION PROVIDING NOTICE OF PUBLIC HEARING FOR THE PROPOSED SUBDIVISION CODE TO THE PALISADES INTERSTATE PARK COMMISSION

 

RESOLUTION #94-2009

 

A Motion was made by Councilman Cilenti, seconded by Councilwoman Michailescu that
WHEREAS, the Town of Rochester has prepared a proposed new Subdivision Code to replace the current Subdivision Code to regulate growth and development within the Town of Rochester; and
WHEREAS, in accordance with New York State Town Law #261 through 265 and Town of Rochester Code, the Town Board is required to provide notice of the proceeding on the proposed new Subdivision Code to adjoining regional state park commissions for review and comments; and
WHEREAS, the Town Board is interested and actively seeks input and comments from said adjoining regional state park commission
NOW, THEREFORE, BE IT RESOLVED:
that the Town Clerk is hereby directed to transmit notice of the public hearing on the proposed Subdivision Code to the Palisades Interstate Park
Commission.

 

Roll call vote:
Councilwoman Archer        absent
Councilman Cilenti         aye
Councilwoman Michailescu   aye
Councilman Spano           aye
Supervisor Chipman         aye              Motion carried 4-0

 

APPROVAL OF REAL PROPERTY INVENTORY CONSULTANT:

 

RESOLUTION #95-2009

 

A Motion was made by Councilman Spano that the Town Board accept the
proposal submitted by Appraisal Consultants for $59,000.00 plus cost
of mailing for the Real Property Data Verification Project.

 

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

 

YOUTH COMMISSION APPOINTMENT:

 

RESOLUTION #96-2009

 

A Motion was made by Councilman Cilenti that the Town Board approve the appointment of Barbara Zaccai to the Youth Commission.  Her term to expire 12/31/2011.

 

Seconded by:  Councilman Spano              Motion carried 4-0
                                                       Archer – absent

 

YOUTH COMMISSION MEMBER REMOVAL FROM BOARD:

 

RESOLUTION #97-2009

 

A Motion was made by Councilman Cilenti to remove Tricia Reed as a member of the Youth Commission due to excessive absenteeism.

 

Seconded by:  Councilman Spano              Motion carried 4-0
                                                       Archer – absent

 

CREEK ROAD:

 

RESOLUTION #98-2009

 

A Motion was made by Councilman Cilenti that the Town Board accept the estimate submitted by Medenbach & Eggers for the Creek Road, Rondout Creek slope stabilization project at the hourly rate of $150.00 per hour.

 

Seconded by:  Councilman Spano              Motion carried 4-0
                                                       Archer – absent
July 2, 2009                                                  3579

 

PUBLIC COMMENT:

 

It was strongly suggested that Rochester residents write letters to
the editors of all local papers regarding the closure of the Kerhonkson
Bridge and the safety issues surrounding its closure.
ADJOURNMENT

 

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

 

Seconded by:  Councilman Cilenti            Motion carried 4-0
                                                       Archer – absent
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
July 23, 2009                                                3580

 

A Public Hearing was held on 7/23/09 at 7:00pm at the Accord Firehall
re proposed local law entitled “Zoning Code”.

 

PRESENT:

 

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

 

OTHERS PRESENT:

 

Tom Shepstone, Shepstone Assoc.

 

Supervisor Chipman welcomed everyone to the meeting and Councilman Cilenti led the Pledge of Allegiance to the Flag.

 

Supervisor Chipman said this proposed local law amends in its entirety
Chapter 140 of the Code of the Town entitled “Zoning”.  This local law includes revisions to zoning districts, development standards, supplementary regulations and the official zoning map.  The law includes provisions for Transfer of density rights, storm water management practices and telecommunications facilities.  The local law adjusts permitted density and includes new requirements with respect to affordable housing and planned unit developments. Standards and procedures are updated for the purposes of safety, aesthetics and to match current industry standards in various areas.

 

Tom Shepstone gave a slide presentation of the proposed changes to the zoning code of the Town.

 

OPEN TO THE PUBLIC:

 

Attorney Coan spoke on behalf of her client who feels his opinions were
not allowed to be heard, making him feel left out of the process. Ms. Coan submitted a document with her clients concerns.

 

A resident spoke regarding his love of the land and how this proposed new
law encroaches on his rights as a property owner.

 

Another resident said with this proposed law, businesses are crammed into one section.

 

Another resident asked questions regarding density of resorts, mining and landscaping for Rt. 209 businesses.

 

Comparisons of the 1969 Zoning Code/Comprehensive Plan to the proposed zoning law was read by a concerned resident.

 

MOTION TO CONTINUE THE PUBLIC HEARING:

 

A Motion was made by Councilman Cilenti to continue the “Zoning” public hearing on 8/8/09 at 9:00am at the Town Hall, and further authorizing the Town Clerk to advertise same.

 

Seconded by:  Councilwoman Archer           Unanimously approved
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
July 23, 2009                                                3581

 

A Public Hearing was held on 7/23/09 at 7:45pm at the Accord Firehall
re: a local law repealing Chapter 130 of the Code of the Town of Rochester “Telecommunications” immediately following the proposed local law entitled “Zoning Code”.

 

PRESENT:

 

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

 

OTHERS PRESENT:

 

Tom Shepstone, Shepstone Assoc.

 

Supervisor Chipman said this proposed local law would repeal Chapter 130 of the Code of the Town of Rochester “Telecommunications”.

 

No comments were made.

 

MOTION TO CONTINUE THE PUBLIC HEARING:

 

A Motion was made by Councilman Cilenti to continue the public hearing re: “Telecommunications” on 8/8/09 immediately following the 9:00am scheduled public hearing re: “Zoning”, and further authorizing the Town Clerk to advertise same.

 

Seconded by:  Councilman Spano              Unanimously approved
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
July 23, 2009                                                3582

 

A Public Hearing was held on 7/23/09 at 7:00pm at the Accord Firehall
re: a proposed local law entitled “Subdivision” immediately following a public hearing re: proposed local law entitled “Telecommunications”.

 

PRESENT:

 

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

 

OTHERS PRESENT:

 

Tom Shepstone, Shepstone Assoc.

 

Supervisor Chipman explained that this proposed local law entitled “Subdivision Code” which amends in its entirety Chapter 125 of the Code of the Town of Rochester entitled “Subdivision”.  Significant revisions to the chapter include provisions relating to conservation design, conservation subdivision, affordable housing, stormwater management. Standards and procedures are updated for the purposed of safety, aesthetics and to match current industry standards in various areas.

 

Tom Shepstone explained the major and minor subdivision changes and said that a public hearing is required for any subdivision.

 

No further comments were made.

 

MOTION TO CONTINUE THE PUBLIC HEARING:

 

A Motion was made by Councilwoman Archer to continue the public hearing entitled “Subdivision” on 8/8/09 at the Town Hall immediately following the public hearing on “Telecommunications”.

 

Seconded by:  Councilman Cilenti            Unanimously approved
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
July 23, 2009                                                3583
A Special Meeting was held on 7/23/09 immediately following the public hearing re: “Subdivisions” to discuss the resignation of Town Justice Schneer.

 

PRESENT:

 

Supervisor Chipman         Councilwoman Archer    Councilman Cilenti
Councilwoman Michailescu   Councilman Spano       Town Clerk Sommer
Attorney Christiana
Supervisor Chipman reported that a resignation was submitted by Town Justice Deborah Schneer creating a vacancy in our Justice Department.

 

Councilman Cilenti said it is an honor for our Town to have Justice Schneer appointed as County Court Judge.

 

A Motion was made by Councilman Cilenti that the Town Board is seeking applications to fill a Town Justice vacancy. Interested persons to send a letter of intent to be received on or before 7/29/09.  Interviews to be held on 7/30/09 after the 7:00pm Audit/Workshop Meeting at the Town Hall, and further authorizing the Town Clerk to advertise same.

 

Seconded by:  Councilwoman Archer           Unanimously approved

 

ADJOURNMENT:

 

A Motion was made by Councilman Spano to adjourn the meeting at 8:15pm.

 

Seconded by:  Councilwoman Archer           Unanimously approved
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC
July 30, 2009                                                3584

 

The Audit/Workshop Meeting was held on July 30, 2009 at 7:00pm at the Town Hall.

 

PRESENT:

 

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

 

Supervisor Chipman opened the meeting and Ranger Mecus led the Pledge of Allegiance to the Flag.

 

FIREWISE PRESENTATION:

 

Ranger Mecus and Ranger Dawson gave a presentation on Firewise New York.
Ranger Mecus explained that Firefighters can be helped when homeowners create a landscape that makes their home less vulnerable to wildfire. When constructing, renovating or adding to your home, consider the area around your home and follow the tips for your particular zone to reduce your home’s risk from wildfires.  Pamphlets were distributed from Fire- wise, New York “Make Your Home Firewise”.

 

General Residential and Landclearing restricted open burning permits were discussed, along with burning permit rules and regulations.  The Board may consider a committee to create a local law regarding this issue.
Both Rangers were thanked for their informative presentation and concern.

 

APPROVAL OF BILLS:

 

A Motion was made by Councilwoman Archer to approve the following bills as audited this date:

 

                         General Fund             $141,028.30
                         Highway Fund              253,959.12
                         Street Lighting               320.64

 

Seconded by:  Councilman Cilenti            Unanimously approved

 

INTERVIEWS FOR TEMPORARY TOWN JUSTICE:

 

The Town Board interviewed four candidates to fill the vacancy left when
Justice Schneer resigned.

 

JUDICIAL COURT ASSISTANCE PROGRAM GRANT:

 

RESOLUTION #99-2009

 

A Motion was made by Councilman Cilenti that the Town Board apply for a Judicial Court Assistance Program Grant for the maximum of $30,000 for Court House renovations.  Expenditures subject to Town Board approval.

 

Seconded by:  Councilwoman Archer           Unanimously approved

 

TOWN JUSTICE APPOINTMENT:

 

After discussion of the Town Board, the following motion was made.

 

RESOLUTION #100-2009

 

A Motion was made by Councilman Cilenti that the Town Board appoint Paul Shaheen as Town Justice to fill the vacancy created when Justice Schneer resigned.

 

Seconded by:  Councilwoman Archer           Motion carried 4-0
                                                       Michailescu – abstained

 

ADJOURNMENT:

 

A Motion was made by Councilman Spano to adjourn the meeting at 9:30pm.

 

Seconded by:  Councilman Cilenti            Unanimously approved
July 30, 2009                                                3585
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC