March 5, 2009 3529
A Public Hearing was held on March 5, 2009 at 7:00pm regarding proposed
Local Law #1-2009 Child Safety Zones.
PRESENTÿ
Supervisor Chipman Councilwoman Archer
Councilman Cilenti Councilwoman Michailescu
Councilman Spano Deputy Clerk Gundberg
Attorney Christiana
Supervisor Chipman opened the meeting and Highway Superintendent Kelder led the Pledge of Allegiance to the Flag.
The proposed local law was read by Supervisor Chipman.
OPENED TO THE PUBLIC:
Two residents spoke in favor of the Proposed Local Law.
A Journalist said that in Rockland County the law was found unconstitutional.
No further comments.
PUBLIC HEARING CLOSED:
A Motion was made by Councilwoman Archer to close the public hearing at 7:15pm.
Seconded by: Councilman Cilenti Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Deputy Town Clerk
March 5, 2009 3530
A Public Hearing was held on March 5, 2009 at 7:15pm, regarding Senior Citizen Exemptions immediately following the public hearing on Child Safety Zones.
PRESENT:
Supervisor Chipman Councilwoman Archer
Councilman Cilenti Councilwoman Michailescu
Councilman Spano Deputy Clerk Gundberg
Attorney Christiana
Supervisor Chipman opened the public hearing at 7:15pm and opened the floor to the public.
PUBLIC COMMENTS:
One resident spoke in favor for the proposed Local Law.
No further comments.
PUBLIC HEARING CLOSED:
A Motion was made by Councilman Cilenti to close the public hearing at 7:17pm.
Seconded by: Councilman Spano Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Deputy Town Clerk
March 5, 2009 3531
The Town Board Meeting was held on March 5, 2009 at 7:17pm immediately
following two public hearings.
PRESENT:
Supervisor Chipman Councilwoman Archer
Councilman Cilenti Councilwoman Michailescu
Councilman Spano Deputy Clerk Gundberg
Attorney Christiana
Presentation Re: Controlled Burning Shawangunk Ridge Preserve:
Gabriel Chapin & Hank Alicandri of The Nature Conservancy gave a presentation regarding two scheduled controlled burns within the Town of Rochester. Previous success of these controlled burns have helped prevent wildfires, and allowed for wildlife to regenerate. It was asked by Councilwoman Archer prior to the burnings to notify the public by posting these burnings on the Town Hall bulletin board.
OPEN TO THE PUBLIC:
A Youth Commission member announced that March 25th & April 11 are the
dates of registration for the Summer Camp Program.
One resident thanked the Town Board for getting involved with the discrepancies found with policies and procedures preformed by the Fire Commissioners representing the Accord Fire District.
A resident asked for clarification on a mining operation that was discussed during public comment period at the February 5, 2009 Town Board Meeting.
SUPERVISOR’S REPORT: Filed with the Town Clerk.
CORRESPONDENCE RECEIVED:
Letter from Senator Bonacic dated:02/27/09 re: response to Town Board letter on Taxation of State land.
LEGAL MATTERS: no report
LIAISON REPORTS:
The Councilpersons gave a synopsis of the meetings they attended.
RESOLUTIONS:
Local Law #1-2009/Child Safety Zones
Resolution #49-2009
A Resolution was made by Councilman Cilenti, seconded by Councilwoman Michailescu that it
BE ENACTED BY THE TOWN BOARD OF THE TOWN OF ROCHESTER AS FOLLOWS:
Section 1. The Town of Rochester hereby enacts a new Chapter 70 of the Town Code of the Town of Rochester to read as follows:
Section 70-1. Legislative Intent and Purpose.
A. The Town of Rochester Town Board finds and determines that due to the recidivism rate among convicted sex offenders following their release
from confinement, there exists a heightened potential for reoccurrence of their crimes when they reside, have employment or frequent areas where children are likely to regulate congregate, such as public or non-public elementary, middle and high schools, child care facilities, parks, playgrounds, public or private youth center or public swimming pools.
B. The Town of Rochester Town Board further determines that it is essential for the Town of Rochester to make every effort to protect children from sex offenders who have committed sexual offenses against minors.
March 5, 2009 3532
C. The Town of Rochester Town Board further determines that it is in the best interests of the health, safety and welfare of the residents of the Town of Rochester, and particularly its children, to establish residency restrictions and restrictions on location of employment and other activities for sex offenders who have committed sexual offenses against minors.
D. It is the purpose of this local law to prohibit sex offenders from residing, having employment or otherwise enter or remain within one thousand (1000) feet of areas and facilities that would provide them easy access to potential victims.
Section 70-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CHILD CARE FACILITY – Shall mean a licensed and/or registered nursery, preschool, child day care center, group family day care home, and family day care home as defined by the New York State Social Services Law.
CHILD SAFETY ZONES – Shall mean within one thousand (1000) feet of the real property comprising a public or private, elementary, middle or high school, designated school bus stop, child care facility, nature preserve,
park, playground, public or private youth center or public swimming pool, public or commercial recreational facility clearly designed to attract children, including but not limited to theaters, bowling alleys, sports fields, exercise or sporting facilities and additionally, two-family or multi-family dwellings, apartment buildings, co-ops, condominiums, mobile home (trailer) parks, or other clustered housing developments (ten or more single family homes on less than 1/3 acre), hotels, motels, and rooming houses.
EMPLOYMENT – shall mean doing work, whether or not for financial gain.
RESIDENCE – Shall mean the place where a person sleeps, which may include more than one location and may be mobile and/or transitory.
SEX OFFENDER – Shall mean a person who has been convicted of a sexual offense as defined in paragraph 1 of section 168-a of the New York State Corrections Law.
Section 70-3. Restrictions.
A. A sex offender as herein defined shall not reside within a child safety zone.
B. A sex offender as herein defined shall not have employment within a child safety zone.
C. A sex offender as herein defined shall not loiter for purposes of committing any crime within a child safety zone.
Section 70-4. Exceptions.
A sex offender as herein defined entering or remaining within a child safety zone does not commit a violation of this local law if any of the following apply:
A. The sex offender is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility, or is an inpatient in a hospital, hospice, mental health facility or nursing home. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
B. The sex offender has established employment that would otherwise be in violation of this Local Law prior to the effective date of this local law. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone other than for purposes relating to schooling. In such case, the parent(s) or legal guardian of the minor contacted must be informed of the contact.
March 5, 2009 3533
C. The sex offender attends primary, secondary or post-secondary school
that would otherwise be in violation of this local law. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
D. The sex offender only intermittently or sporadically enters a child safety zone for the purposes of work. However, this exception does not
apply to an individual who initiates or maintains contact with minor within that child safety zone.
E. A child safety zone is newly located on or after the effective date of this local law. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
F. The sex offender is a minor or a ward under a guardianship. However,
this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
G. The sex offender enters a child safety zone for the purposes of exercising the right to vote. However, this exception does not apply to an individual who initiates or maintains contact with a minor within that child safety zone.
Section 70-5. Penalties.
The first violation of the provisions of this local law shall be a Class B Misdemeanor punishable by a fine up to $500.00 and imprisonment of up to three months in jail. A second or subsequent violation shall be a Class A Misdemeanor, punishable by a fine of up to $1,000.00 and imprisonment of up to one year in jail.
Section 70-6. Enforcement.
The Ulster County Sheriff’s Office or NY State Police shall have the power to enforce the provisions of this chapter.
Section 70-7. Cessation of Restrictions.
The restrictions outlined in section 1 shall cease when the sex offender is no longer required to register and/or verify pursuant to New York State Correction Law Article 6C, the sex offender registration act.
Section 2. Severability
If any clause, sentence, paragraph, subdivision, section or part of this local law or the application thereof to any person, individual, corporation, firm partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
Section 3. Effective Date
This local law shall become effective immediately upon the filing of this local law in the office of the New York Secretary of State pursuant to section 27 of the municipal home rule law.
Roll call vote:
Councilwoman Archer aye
Councilman Cilenti aye
Councilwoman Michailescu aye
Councilman Spano aye
Supervisor Chipman aye Unanimously approved
March 5, 2009 3534
LOCAL LAW #2-2009 INCREASED LEVELS OF EXEMPTION AMOUNTS FOR PERSONS AGED_65 OR OLDER WHO ARE INCOME QUALIFIED:
Resolution #50-2009
A Resolution was made by Councilwoman Archer, seconded by Councilman Cilenti that,
A Local Law amending Chapter 128 of the Code of the Town of Rochester to provide increased levels of exemption amounts for persons aged 65 or older who are income qualified.
Be it enacted by the Town Board of the Town of Rochester as follows:
Section 1 – 128-9 of the Code of the Town of Rochester is amended to read as follows:
Section 128-9 Pursuant to and in accordance with the provisions of Section 467 of the New York State Real Property Tax Law, real property situated in the Town of Rochester, subject to taxation by the Town of Rochester and owned by one or more persons, each of whom is 65 years of age or over, or real property situated in the Town of Rochester, subject to taxation by the Town of Rochester, and owned by a husband and wife, one of whom is 65 years of age or over, shall be exempt from real property taxation by the Town of Rochester to the extent as provided in the following Schedule for qualified exemptions:
Annual Income Percent of
Greater than but Less than Exemption
A. N/A $28,000 50%
B. $28,000 29,000 45%
C. 29,000 30,000 40%
D. 30,000 31,000 35%
E. 31,000 31,900 30%
F. 31,900 32,800 25%
G. 32,800 33,700 20%
H. 33,700 34,600 15%
I. 34,600 35,500 10%
Section 2. This Local Law shall be effective immediately upon filing with the Secretary of State in accordance with the Municipal Home Rule Law.
Roll call vote:
Councilwoman Archer aye
Councilman Cilenti aye
Councilwoman Michailescu aye
Councilman Spano aye
Supervisor Chipman aye Unanimously approved
NEW BUSINESS:
ZBA APPOINTMENTS:
Resolution #51-2009
A Motion was made by Councilman Cilenti that the Town Board appoint Jennifer McKenzie to serve as the alternate to the Zoning Board of Appeals, her term ending 12/31/2010.
Seconded by: Councilwoman Archer Unanimously approved
Resolution # 52-2009
A Motion was made by Councilman Cilenti that the Town Board appoint
Betty Kawalchuk to serve on the Zoning Board of Appeals, her term ending 12/31/2013.
Seconded by: Councilwoman Michailescu Unanimously approved
March 5, 2009 3535
PLANNING BOARD APPOINTMENTS:
Resolution # 53-2009
A Motion was made by Councilman Cilenti that the Town Board appoint Malana Callan to serve as the alternate to the Planning Board, her term ending 12/31/2010.
Seconded by: Councilwoman Michailescu Unanimously approved
ADVERISE FOR HIGHWAY DEPARTMENT BIDS:
TREE REMOVAL BIDS:
Resolution # 54-2009
A Motion was made by Councilman Cilenti that the Deputy Town Clerk be authorized to advertise for bids for Tree Removal for the Town of Rochester Highway Department. Bids to be received on or before March 25, 2009 at 11:00am at the Town Clerk’s Office at which time they will be opened and read aloud. Bids awarded at the discretion of the Town Board.
Seconded by: Councilman Spano Unanimously approved
BANK STABILIZATION BIDS:
Resolution # 55-2009
A Motion was made by Councilman Cilenti that the Deputy Town Clerk be authorized to advertise for bids for Bank Stabilization for the Town of Rochester Highway Department. Bids to be received on or before March 25, 2009 at 11:00am at the Town Clerk’s Office at which time they will be opened and read aloud. Bids awarded at the discretion of the Town Board.
Seconded by: Councilwoman Michailescu Unanimously approved
PURCHASE OF STONE BIDS:
Resolution # 56-2009
A Motion was made by Councilman Cilenti that the Deputy Town Clerk be authorized to advertise for bids for Purchase of Stone for the Town of Rochester Highway Department. Bids to be received on or before March 25, 2009 at 11:00am at the Town Clerk’s Office at which time they will be opened and read aloud. Bids awarded at the discretion of the Town Board.
Seconded by: Councilman Spano Unanimously approved
ULSTER COUNTY ENVIRONMENTAL MANAGEMENT COMMITTEE:
Resolution# 57-2009
A Motion was made by Councilwoman Archer to recommend Lillian Greene for the Ulster County Environmental Management Committee.
Seconded by: Councilman Cilenti Unanimously approved
PIANO DONATED:
A Motion was made by Councilwoman Archer to allow the Town of Rochester Highway Department to move a piano donated to the Youth Department under the stipulation that the Town will accept the piano.
Seconded by: Councilman Cilenti Unanimously approved
PUBLIC COMMENT PERIOD:
Mike Baden asked if he could post the bids on the town website.
March 5, 2009 3536
ADJOURNMENT:
A Motion was made by Councilman Spano to ajourn the meeting at 9:00pm.
Seconded by: Councilman Cilenti Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Deputy Town Clerk
March 26, 2009 3537
The Audit/Workshop Meeting was held on March 26, 2009 at 7:15pm at
the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer
Councilman Cilenti (7:25)Councilman Spano
Town Clerk Sommer
ABSENT:
Councilwoman Michailescu
Supervisor Chipman opened the meeting and Alice Cross led the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES:
A Motion was made by Councilman Spano to approve the following bills as
audited this date:
Highway Fund Abstract 15/2008 $99.96
General Fund $178,575.66
Highway Fund 58,859.74
Street Lighting 203.64
Seconded by: Councilwoman Archer Motion carried 3-0
Cilenti – late
Michailescu -absent
HISTORIC PRESERVATION PRESENTATION:
Alice Cross, President of the Historic Preservation Commission spoke about the Historic Resources Report Reconnaissance Survey, prepared by Kyserike Restorations, Inc. with text and photographs by Harry Hansen.
A color copy, along with black and white copies were given to the Town for distribution to the area schools and libraries. The Town Board agreed that Friends of Historic Rochester would be able to sell them.
A Presentation by Harry Hansen will be held on April 20, 2009 at 7:00pm at the Rochester Reformed Church. It is open to the public.
ASSESSOR:
Supervisor Chipman mentioned that he had the RFP Property Inventory
request from Assessor Stokes.
DISCUSSIONS:
There was a lengthy discussion between the Town Board and Highway Superintendent regarding the bids submitted for Bank Stabilization,
Tree Removal, and Purchase of Stone. No decisions nor action was
taken.
The Board also discussed the ZBA Referrals and Broadband Coverage for the Town.
EXECUTIVE SESSION:
A Motion was made by Councilwoman Archer to enter into executive session at 8:30pm regarding potential litigation and legal action regarding the Accord Fire District.
Seconded by: Councilman Spano Motion carried 4-0
Michailescu – absent
March 26, 2009 3538
RECONVENED:
A Motion was made by Councilman Cilenti to reconvene the meeting at 9:35pm with the Supervisor reporting no action was taken nor monies
expended.
Seconded by: Councilman Spano Motion carried 4-0
Michailescu – absent
ADJOURNED:
A Motion was made by Councilwoman Archer to adjourn the meeting at 9:36pm.
Seconded by: Councilman Spano Motion carried 4-0
Michailescu – absent
Respectfully submitted,
Veronica I. Sommer
Town Clerk/RMC