TOWN ATTORNEY DEFENDS EXECUTIVE SESSION
By William J. Kemble, Correspondent
04/10/2007
ACCORD - Three members of the Rochester Town Board went into executive session last week to discuss proposed terms of lease for two 150-foot towers on town of Rochester properties, but a fourth Town Board member declined to join in the session.
The closed-door session was conducted for about 20 minutes last week, as Town Attorney Rod Futerfas contended state opinions regarding executive sessions were wrong and said negotiations were covered by laws governing contract negotiations.
The session included town Supervisor Pam Duke, and Councilmen Francis Gray, and Alex Miller, while Councilman Ronald Santosky declined to participate and left the meeting. Councilman Tony Spano was absent.
During a telephone interview following the meeting, Futerfas said the session was also covered by state Open Meetings Law governing the effect on property value but declined to explain how it would meet the criteria for "substantially" affecting the value.
"This is a negotiation over whether or not we are doing this, and how we're doing it, and what we are doing it for," he said.
"There are two locations where cell towers are going," Futerfas said. "They are both on public property. One is near the transfer station ... the specific locations I'm not that familiar with."
Town officials have scheduled a 4:30 p.m. April 25 meeting with the owner of Homeland Towers to provide public details of the project.
"We are going to ask for the principal of Homeland to come in and go through the entire project and what they are proposing to do and how they are proposing to do it," Futerfas said.
State Committee on Open Government Executive Director Robert Freeman said the law is intended to cover land value and not equipment or tower costs.
"Since we're talking about town-owned property that is not being sold or purchased I don't see there would have been a basis for going into executive session," he said.
During public comment period, Santosky's wife Kandi Santosky chided board members for discussing the lease privately. Following the session, she said discussions have included details about tower setbacks and construction issues without any basis for secrecy.
"My contention is that they're sidestepping the law," she said. "When the law has to apply to (town Supervisor Pam Duke) she wants to waive it, and they are going to waive a whole lot to put these cell towers in because she wants money the coming in."
By William J. Kemble, Correspondent
04/10/2007
ACCORD - Three members of the Rochester Town Board went into executive session last week to discuss proposed terms of lease for two 150-foot towers on town of Rochester properties, but a fourth Town Board member declined to join in the session.
The closed-door session was conducted for about 20 minutes last week, as Town Attorney Rod Futerfas contended state opinions regarding executive sessions were wrong and said negotiations were covered by laws governing contract negotiations.
The session included town Supervisor Pam Duke, and Councilmen Francis Gray, and Alex Miller, while Councilman Ronald Santosky declined to participate and left the meeting. Councilman Tony Spano was absent.
During a telephone interview following the meeting, Futerfas said the session was also covered by state Open Meetings Law governing the effect on property value but declined to explain how it would meet the criteria for "substantially" affecting the value.
"This is a negotiation over whether or not we are doing this, and how we're doing it, and what we are doing it for," he said.
"There are two locations where cell towers are going," Futerfas said. "They are both on public property. One is near the transfer station ... the specific locations I'm not that familiar with."
Town officials have scheduled a 4:30 p.m. April 25 meeting with the owner of Homeland Towers to provide public details of the project.
"We are going to ask for the principal of Homeland to come in and go through the entire project and what they are proposing to do and how they are proposing to do it," Futerfas said.
State Committee on Open Government Executive Director Robert Freeman said the law is intended to cover land value and not equipment or tower costs.
"Since we're talking about town-owned property that is not being sold or purchased I don't see there would have been a basis for going into executive session," he said.
During public comment period, Santosky's wife Kandi Santosky chided board members for discussing the lease privately. Following the session, she said discussions have included details about tower setbacks and construction issues without any basis for secrecy.
"My contention is that they're sidestepping the law," she said. "When the law has to apply to (town Supervisor Pam Duke) she wants to waive it, and they are going to waive a whole lot to put these cell towers in because she wants money the coming in."
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