Town Board Meeting – February 2018

The Regular Town Board Meeting was held on February 1, 2018 at the Town of Rochester Town Hall at 7:05pm immediately following Public Hearings on Proposed Local Law 1 & 2 of 2018.

PRESENT:

Supervisor Baden Councilman Drabkin Councilwoman Fornino
Councilwoman Haugen-Depuy Councilman Hewitt Town Clerk Gundberg
Attorney Christiana

APPROVAL OF MINUTES:
Resolution # 58-2018:

A Motion was made by Councilwoman Haugen-Depuy to approve the minutes of
January 5, 2018 Organizational Meeting & January 5, 2018 Regular Meeting.
Second: Councilman Drabkin
Discussion: Supervisor Baden stated that the Audit Meeting minutes are tabled until next month. Town Clerk Gundberg was unable to finish them in time for tonight’s meeting.
Aye: 5 nay: abstain: motion carried

CORRESPONDENCE REPORT

Supervisor Baden stated most correspondence received were letters of interest for Board and Commission vacancies.

SUPERVISOR’S REPORT

Filed with the Town Clerk.

SUPERVISOR’S UPDATE

Supervisor Baden stated that the previous administration voted to name the Community Center Building in honor of Harold Lipton. Supervisor Baden ordered the plaque that will hang outside the Community Center. The Ceremony will be held on March 31, 2018 at 11 am.

Supervisor Baden stated the horses are back in the field at the former Pine Grove Dude Ranch location which was nice to see. He stopped by the newly named Pine Ridge location and thanked both the owner and his investors for purchasing the Business. This will be great job opportunity for our community. The owner is completing a lot of renovations but hopes to open up April 1, 2018 and officially Memorial Day weekend.

Supervisor Baden stated how he and Board members attended a 2 ½ day training for newly elected officials. It was a great event filled with lots of information.
Councilwoman Haugen-Depuy stated that it was an intense training.

NYRising update: Bill Blankenship, Coordinator for the food pantry and Alligerville projects is moving forward with architect plans. We are hoping the projects will start around summer. It’s been a slow process with 7 NYRising projects completed over the course of 5 years.

The Highway Truck purchases have been accepted by Key Bank. If the Town makes a payment this year it will go towards the principal and starting next year payment will be applied to the interest.

ATTORNEY for the TOWN UPDATE

Attorney Christiana told the Board that there are 2 applications before the Planning Board from Cypress Creek one located on Berme Road and the other Pompey’s Cave Rd. Upon approval NYS law allows for these parcels to be exempt from real property taxes for 15 years. However the Town can authorize Supervisor Baden to negotiate a PILOT agreement ( payment in lieu of taxes).

AUTHORIZING SUPERVISOR TO SEND PILOT NOTIFICATION –CYPRESS CREEK
Resolution # 59-2018:

A Motion was made by Councilman Drabkin authorizing Supervisor Baden to send 2 separate notifications for the 2 applications to Cypress Creek that the Town of Rochester intends to enter into an acceptable PILOT agreement for property taxes for the first 15 years of the projects life.
Second : Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried

LIAISON REPORTS:

Councilman Drabkin stated that there are 52 free memberships still available at the Stone Ridge Library. It was agreed to post this information on the website and possibly in the youth commission flyer to get the word out.
Councilwoman Fornino: Youth Commission basketball program: there are 3 leagues consisting of 100 participants. The After School program is charging $ 80 per month per child, $100 per month for 2 children. For the month of January they have collected $ 2,200.00 in program fees. The Valentine’s Day party will take place 2/14/18 from 3-5:30pm at the Community Center.
Councilman Hewitt stated that we aren’t looking for the program to be profitable, we just wanted to have figures of participants and sponsors.
Supervisor Baden stated that Ashley will give accounting report detail of each program. Rita has great accurate information but the department had never been asked for the information before.
Councilman Drabkin stated that we should get last year’s figures so we can compare year to year to see a trend.

PUBLIC COMMENT

No comments made.

NEW/ OLD BUSINESS:

APPROVAL OF HIGHWAY FUNDS:

Resolution # 60-2018:

A Motion was made by Councilwoman Haugen-Depuy to approve Highway abstract 13 of 2017 in the amount of $ 19,254.00.
Second: Councilman Drabkin
Discussion:
Aye: 5 nay: abstain: motion carried

Resolution # 61-2018:

A Motion was made by Councilwoman Haugen-Depuy to approve Highway abstract 1 of 2018 in the amount of $ 119,403.38.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried

AMENDING RESOLUTION # 56-18: GENERAL FUND ABSTRACT:
Resolution # 62-2018:

A Motion was made by Councilwoman Haugen- Depuy to amend resolution 56 of 2018 adopted January 25, 2018, to authorize payment of General Fund Abstract 13-2017 with change in the total amount to $34,673.41.
Second: Councilwoman Fornino
Discussion:
aye: 5 nay: abstain: motion carried

ADOPTION OF LOCAL LAW #1-2018: COLD WAR VETERAN’S TAX EXEMPTION:
Resolution # 63-2018:
A Motion was made by Councilwoman Haugen-Depuy to adopt Local Law #1 of 2018 – Cold War Veteran’s tax exemption.
Second: Councilman Drabkin
Discussion:
Aye: 5 nay: abstain: motion carried

ADOPTION OF LOCAL LAW #2-2018: GRIEVANCE DAY:
Resolution # 64-2018:

A Motion was made by Councilman Drabkin to adopt Local Law #2 of 2018 – Establishing a date for the meeting of the Town of Rochester Board of Assessment Review.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: abstain: motion carried

RESCINDING RESOLUTION # 54-2018: PURCHASE OF BUCKET TRUCK ( HWY):
Resolution # 65-2018:

A Motion was made by Councilman Drabkin, to rescind resolution 54 of 2018, adopted January 25, 2018, awarding the bid for a 1982 bucket truck to Wright Electric.
Second: Councilman Hewitt
Discussion: Highway Superintendent stated that the truck didn’t have the pump needed for inspection.
Councilwoman Haugen-Depuy: stated that it can’t be certified?
The answer was no.
Aye: 5 nay: abstain: motion carried

SHARED SERVICES AGREEMENT FOR HIGHWAY DEPARTMENT: ROSENDALE
Resolution #66-2018:

A Motion was made by Councilman Drabkin authorizing the Supervisor and the Highway Superintendent to sign the Shared Services Agreement between the Town of Rosendale and the Town of Rochester Highway Departments as presented.
Second: Councilwoman Fornino
Discussion: Supervisor Baden stated that the Town always participated in a shares service agreement but it was always done with a handshake. This written agreement outlines covering liability.
Aye: 5 nay: abstain: motion carried

SHARED SERVICES AGREEMENT FOR HIGHWAY DEPARTMENT: VARIOUS
Resolution # 67-2018:

A Motion was made by Councilman Drabkin authorizing the Supervisor and the Highway Superintendent to sign the Shared Services Agreement between the Town of Marbletown, Town of Olive, Town of Wawarsing, Town of Gardiner and the Town of Rochester Highway Departments as presented.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried

ESTABLISHING REGULAR BUSINESS HOURS FOR TOWN OFFICES:

Supervisor Baden presented to the Board hours of operation for each town office to be adopted.
The Board discussed the possibility of the Courthouse being open for business hours on Fridays.
Attorney Christiana stated that the Town Clerk’s office cannot be included in the regular business hours because the Town Board cannot require set office hours for the Clerk’s office.
Councilwoman Haugen –Depuy suggested that Supervisor Baden talk to the Judges about being open for business on Fridays and report back to the Board at the audit meeting.

CERTIFIED RESULTS OF SPECIAL ELECTION:
Supervisor Baden received notification from Board of Elections the results of the Special Election regarding the Town of Rochester and Borrego Solar option lease agreement.

Proposition # 1: 541 yes 457 no 1 blank, 1 void 1000 ballots
Proposition # 2: 570 yes 424 no 5 blank, 1 void 1000 ballots

AUTHORIZING TOWN CLERK TO SEND NOTIFICATION TO PLANNING BOARD:
Resolution # 68-2018:

A Motion was made by Councilwoman Haugen-Depuy, directing the Town Clerk to send letter to the Planning Board removing instructions sent Nov. 2, 2017 directing the Planning Board to table further discussion and/or public hearings regarding Borrego Solar Systems and the Town of Rochester for the applications for Special Use permit for large scale solar systems on town owned property at 6140 Route 209 and Off-Airport Rd.
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried

APPOINTMENT TO O&W RAIL TRAIL COALITION OF MUNICIPALITIES:
Resolution # 69-2018:

A Motion was made by Councilwoman Haugen-Depuy to appoint Christopher Hewitt to represent the Town as alternate member of the O&W Rail Trail Coalition of Municipalities.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried

REAPPOINTMENT TO THE BOARD OF ASSESSMENT REVIEW:
Resolution # 70-2018:

A Motion was made by Councilman Hewitt to reappoint Claude Suhl to the Board of Assessment Review for a term to expire September 30, 2022.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: abstain: motion carried

APPOINTMENTS TO THE BOARD OF ETHICS:
Resolution # 71-2018:

A Motion was made by Councilwoman Haugen-Depuy to appoint the following to the Board of Ethics;
Sherry Chachkin for a term to expire December 31, 2021
Reappointment of Alice Schoonmaker for a term to expire December 31, 2020
Reappointment of Antonino Spano for a term to expire December 31, 2022
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried

APPOINTMENTS TO THE ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 72-2018:

A Motion was made by Councilman Hewitt to appoint the following to the Environmental Conservation Commission; Reappointment of Timothy Ganon , Rick Jones, and Judith Karpova and appointment of Wendy Monk and Kristin Marcell for terms to expire December 31, 2020.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: abstain: motion carried

APPOINTMENT TO THE HISTORIC PRESERVATION COMMISSION:
Resolution # 73-2018:

A Motion was made by Councilman Drabkin to appoint the following to the HPC;
Reappointment of Alice Cross and appointment of Lindsey Rose Arnold for a term to expire December 31, 2020.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried

APPOINTMENT OF VICE-CHAIR TO THE HISTORIC PRESERVATION COMMISSION:
Resolution # 74-2018:

A Motion was made by Councilman Drabkin to appoint Lindsey Rose Arnold to serve as the Vice-Chair of the Historic Preservation Commission.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried

REAPPOINTMENT TO THE YOUTH COMMISSION:
Resolution# 75-2018:

A Motion was made by Councilwoman Haugen-Depuy to reappoint of Manuela Michailescu to the Youth Commission for a term to expire 12/31/2020.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried

REAPPOINTMENT TO THE ZONING BOARD OF APPEALS:
Resolution # 76-2018:

A Motion was made by Councilwoman Haugen-Depuy to reappoint Steven Fornal to the Zoning Board of Appeals with a term to expire 12/31/2022.
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried

APPOINTMENTS TO THE PLANNING BOARD:

Resolution # 77-2018:

A Motion was made by Councilman Hewitt to appoint Brian Buchbinder to the Planning Board with a term to expire 12/31/2020.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried

Resolution # 78-2018:

A Motion was made by Councilwoman Haugen-Depuy to reappoint Larry Dewitt to the Planning Board with a term to expire 12/31/2021.
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried

Resolution # 79-2018:

A Motion was made by Councilman Hewitt to appoint Sam Zurofsky to the Planning Board with a term to expire 12/31/2024.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: abstain: motion carried

Resolution # 80-2018:

A Motion was made by Councilman Hewitt to appoint John Dawson to serve as alternate on the Planning Board with term to expire 12/31/2018.
Second: Councilman Drabkin
Aye: 1(Hewitt) nay: 4 abstain: motion not carried

Resolution # 81-2018:

A Motion was made by Councilwoman Haugen-Depuy to appoint Zorian Pinsky to serve as alternate to the Planning Board with a term to expire 12/31/2018.
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried

TOWN BOARD DISCUSSIONS:

BLUE STONE PRESS INVOICE:

At the January Audit Abstract 13 of 2017 the Town Board questioned the invoice received from the Blue Stone Press. The Board agreed not to pay the invoice until more information was gathered.
Supervisor Baden stated that Supervisor Chipman agreed through e-mail to pay $ 30.00 per issue posting dates of Town Meeting in the classifieds.

APPROVAL OF BLUE STONE PRESS INVOICE:
Resolution # 82-2018:

A Motion was made by Councilman Drabkin to approve the November-December 2017 invoice for $ 120.00 to the Blue Stone Press
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried

CONTINUATION OF BLUE STONE SUBSCRIPTION:
Resolution # 83-2018:

A Motion was made by Councilman Drabkin to continue with the Blue Stone Press subscription.
Second: Councilman Hewitt
Discussion:
Supervisor Baden asked if the Board wanted to continue with listing the meetings in the Blue Stone Press for $ 30 per issue.
Councilman Drabkin stated it’s a lot of money to spend for 2 issues a month running the dates of meetings.
Councilman Hewitt stated that he would like to continue with the subscription. The $ 720.00 per year is important and helps keep the Blue Stone alive. This is an inter-municipal way to get the word out and the importance of local papers is to keep the community together.
Supervisor Baden stated that it is a significant amount of money that is not spent well. Nothing against the Blue Stone.
Councilman Hewitt: disagreed stating expensive is relative.
Aye: 1( Hewitt) nay: 4 abstain:
motion carried to not continue with Blue Stone Press subscription.

NATURAL HERITAGE PLAN:

Supervisor Baden stated the next step is to put the report on the website and schedule an information meeting regarding the Natural Heritage Plan.
Councilman Drabkin stated asked if the information meeting is the same as the public hearing?
Supervisor Baden stated that there needs to be an open meeting to the Town. A public hearing would be held for the report itself and once adopted then the next step would be to make it part of the comprehensive plan.
Councilman Drabkin stated that it was never conveyed to him that this report would become part of the comprehensive plan.
Supervisor Baden stated why bother with the report if the Town wasn’t planning on doing something about it.
The Board discussed different meeting times to hold the informational meeting on the Natural Heritage Plan.
Councilman Hewitt stated he meets with the ECC next week and can talk to them about the informational meeting.
Supervisor Baden stated that he received a preliminary reply that there is an 8 month extension on the grant, so the report and meetings are time sensitive.
Councilwoman Haugen- Depuy asked how much funds are in the grant? And does it have to be part of the comprehensive plan.
Supervisor Baden stated $ 50,000.00 from NYSDEC, $ 5,000 from Town of Wawarsing and
$ 5,000.00 from the Town of Rochester. The report doesn’t have to be part of the comprehensive plan but why go through all the work for a report that will just collect dust and nothing will be done with it.
Councilman Hewitt stated that the ECC worked hard on this.
Upon reviewing the contract Attorney Christiana stated that the information meeting has to be a joint meeting with the Town of Wawarsing.
Supervisor Baden stated that he would get in touch with the Town of Wawarsing to pursue the 2/22/18 date or availability of dates.

DOT BRIDGE NEW YORK GRANT:
Supervisor Baden stated that he saw a NY Bridge Grant article and brought it to the attention of Highway Superintendent Spano.
Highway Superintendent Spano stated that the grant requires the applicant to do large culvert or bridge work totalling $ 250,000.00 or more. The Boice Mill Road bridge which needs to be replaced is not going to cost that much but after speaking with Barry Medenbach using cement decking will increase the value to construct the bridge. The Town can apply for the grant then the Board will have to take out a BAN and wait to get reimbursed for the bridge work. It’s a lot of money to put out and not know if we will be reimbursed.
Councilwoman Haugen-Depuy asked if the plans of the Engineer/ Architect are included in that total?
Supervisor Baden stated that he will attend the training on 2/23/18 in Poughkeepsie regarding this grant and he will specifically ask Councilwoman Haugen-Depuy’s question. Supervisor Baden stated that the Board should pursue getting plans anyway because we are going to need to replace the Bridge regardless.

HIGHWAY EXPENDITURE OF BUCKET TRUCK:

Highway Superintendent Spano asked the Board for approval to spend up to $ 20,000.00 for a bucket truck on Auctions International. He’s been monitoring bucket trucks and since the Board only meets 2 times a month it’s difficult to get authorization to expend over $ 10,000.00 in time for an auction.
After reviewing the Procurement policy Attorney Christiana stated that the Board is unable to make that authorization.
Councilman Drabkin asked if the Board can alter the procurement policy when auctions are involved.
Attorney Christiana stated after $10,000 it has to go out to Bid.
Supervisor Baden asked if the Board can override the Town Procurement Policy for a particular situation.
Attorney Christiana stated no. She stated that she would be reluctant to change because of what it opens up.
The discussion was tabled.

DEJAGER LANE:

Supervisor Baden stated the Board received a request by a resident to acquire a strip of land from the Town of Rochester adjacent to 20 Dejager lane, Accord, NY. Supervisor Baden stated when the County changed the course of Lucas Turnpike a portion of town maintained land wasn’t being used. The County offered the land to the Town so we are trying to acquire paperwork of the County deeding that piece of land to the Town.

AUTHORIZING PURCHASE OF VEHICLE FOR CONSTABULARY.
Resolution # 84-2018:

A Motion was made by Councilman Drabkin to authorize the purchase of 2012 Police Model Impala with 50,000 miles for $ 1,000.00 from the Department of Homeland Security to be used for the constabulary.
Second: Councilman Hewitt
Discussion: Supervisor Baden stated that there is a considerable amount of damage to the vehicle. Are the parts needed included in the estimate?
Chief Miller stated that the damage is just paint and he has the parts needed for repair.
Supervisor Baden asked what would it be used for?
Chief Miller stated having one vehicle gives no ability to do more than one job at a time. In the Spring the constabulary will be issuing parking tickets at Minnewaska, building code violations are being issued, when the constabulary works filming of a movie detail the Town gets paid by the vehicle.
Supervisor Baden stated if we are issuing manpower for the filming of the movie why do we need a vehicle?
Chief Miller stated that in the film industry they pay by the vehicle not the manpower.
Councilman Hewitt asked if the constabulary is budgeted for insurance and fuel.
Chief Miller stated yes and the class he is teaching in the morning will finance half of the vehicle purchase.
Aye: 5 nay: abstain: motion carried

E-MAIL AND SOCIAL MEDIA POLICIES:

Supervisor Baden asked the Board to review the e-mail and Social media policies he placed in their folders to be discussed at a later time. Every Town employee/ elected official will have a Town of Rochester e-mail.

ADJOURNMENT

A Motion was made by Councilman Drabkin to adjourn the meeting at 9:03pm.
Second: Councilwoman Fornino
Aye: 5 nay: abstain: motion carried

Respectfully Submitted,

Kathleen A. Gundberg
Town Clerk