The April Town Board Meeting was held on April 2, 2015 immediately following the Public Hearing.
PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Councilman Spano Town Clerk Gundberg
Attorney Christiana
PUBLIC COMMENT:
Manuela Michailescu on behalf of the Youth Commission thanked Rich Miller for the bus. This was an obvious necessity for the summer program which is such a success!
Carl reiterated thanking Rich for all his hard work!
APPROVAL OF MINUTES:
A MOTION was made by Councilman Spano to approve the 3/5/2015 Regular meeting, 3/20/2015 Special meeting, 3/26/2015 Public hearing, 3/26/2015 Audit/ Workshop meeting.
Seconded by: Councilwoman Chachkin 5-0aye, motion carried
SUPERVISOR’S REPORT: filed with the Town Clerk
SUPERVISOR’S UPDATE:
Supervisor Chipman attended a meeting on LED lighting for municipalities. This would benefit the towns with better energy usage. It was discussed that a singular electric unit station would work best. Supervisor Chipman stated this is a working progress and positive for our community.
LEGAL UPDATES:
The NYS Human Rights case was dismissed. There was no evidence of unlawful discrimination nor unlawful discrimination practices.
Other topics to be discussed in executive session.
Councilman Drabkin asked Attorney Christiana if we can change a few things in the Town Code regarding condemned buildings. He stated the building condemned procedure is lacking. It would be best if it was similar to the appeal as highway decision is on driveways.
Supervisor Chipman received a response from Cahill’s office in regards to the tax cap.
Supervisor Chipman’s letter to Cahill stated that if infrastructure and Capital projects are going to continue to be included in the tax cap things are going to start to happening. We are a time bomb waiting to happen. For example water mains are breaking in Kingston and there isn’t money budgeted to fix them. Also something needs to be done with the mandates. These increased mandates and decreased budgets are going to force government to cut services provided to our area.
LIAISON REPORTS:
Councilwoman Chachkin: HPC: State Historic Preservation Office approved Alligerville as a Historic District. Next project is starting a grant for the hamlet of Accord.
Planning Board: Conditional final approval for Dollar General, review of applications for 2 new uses that were added to the zoning revisions, 1- Commercial events on County Route 6 and the Animal Sanctuary located at the former Camp Epworth. Planning Board meeting from here on out will be at the Community Center building.
Councilwoman Fornino: YC: Easter Egg Hunt is 4/4/2015 @12pm. Earthday cleanup April 18 & April 25 call the youth commission to adopt a road. The 25th will have pizza at the youth commission and those who help with receive a tree to plant.
Councilman Spano: nothing to report
Councilman Drabkin: ZBA: nothing to report, HWY: Superintendent Kelder stated hopes that we are all done with the snow. And he submitted a bid for a FLO and DUMP body all purpose body/ sander replacing a 21 year old body. It would come out of the machinery account.
Supervisor Chipman: ECC: Earthday 4/18 & 4/25/15.
Assessor’s office: Currently working with Town of Marbletown and Town of Rosendale on a shared agreement based on parcels. Rochester is the largest so we will have Mike Dunham 42% of the time.
NEW/OLD BUSINESS:
RESOLUTION SUPPORTING VLT’S AS AMENITIES AT HVR & PGR:
There was discussion to hold a public hearing on VLT’s. Supervisor Chipman stated that he didn’t want to slow down the process, if the board want to schedule a public hearing 4/16/15 would be better than waiting for the audit.
Councilman Spano stated there are misconceptions and it is very important to allow the community to have a right to speak about changes in our Town.
Resolution # 56-2015:
A Motion was made by Councilman Spano to schedule a public hearing on 4/16/2015 @ 7pm @ the Town of Rochester Town Hall re: VLT’s in the Town of Rochester and further authorizing the Town Clerk to advertise the same.
Seconded by: Councilwoman Fornino 5-0aye, motion carried
AUTHORIZATION OF SEAL BID FOR FLO & DUMP BODY:
Resolution # 57-2015:
A Motion was made by Councilman Drabkin to advertise for sealed bids of One FLO & DUMP body on or before 04/20/2015 at 11am at the Town of Rochester Town Clerk’s Office where they will be opened and read aloud. All bids must be accompanied with a non-collusive bidding certification, the Town Board has the right to reject any and all bids, and furthermore authorizing the Town Clerk to advertise the same.
Seconded by: Councilman Spano 5-0aye, motion carried
NEW YORK RISING RESOLUTION ADOPTING PROCEDURE AND POLICIES :
Resolution # 58-2015:
A Motion was made by Councilman Drabkin and Seconded by Councilman Spano that;
WHEREAS, in the aftermath of Superstorm Sandy, the United States Congress, through Public Law passed the Disaster Relief Appropriations Act of 2013( Public Law 113-2, approved January 29, 2013) as amended ( the “ Act”), appropriating $ 16 billion, later reduced to $ 15.18 billion, to the U.S. Department of Housing and Urban Development ( “HUD”) for Community Development Block Grant Disaster Recovery ( “ CDBG-DR”) funds for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure, and housing and economic revitalization in the most impacted and distressed area resulting from a major disaster declared due to Superstorm Sandy and other eligible events, including Hurricane Irene and Tropical Storm Lee, in calendar years 2011,2012, and 2013( the “ Storms”), subject to the Federal statutes and regulations governing CDBG grants, as modified by exceptions and waivers previously granted and which may hereafter be granted by HUD; and,
WHEREAS, pursuant to the CDBG-DR Grant Program and Federal Register Notice ( 78 Fed. Reg.14,329), published March 5, 2013, titled, “ Allocations, Common Applications, and Alternative Requirements for Grantees Receiving Community Development Block Grant 9 CDBG) Disaster Recovery Funds in Response to Hurricane Sandy ( as amended), “ the State has received an allocation of CDBG-DR funds from HUD in the amount of $ 1,713,960,000; and
WHEREAS, pursuant to the CDBG-DR Grant Program and Federal Register Notice ( 79 Fed. Reg.62,183), entitled Third Allocation, Waivers, and Alternative Requirements for Grantees receiving Community Development Block Grant( CDBG) Disaster Recovery Funds in Response to Hurricane Sandy 9 (as amended), “ the State has received a third allocation of CDBG-DR funds from HUD in the amount of $ 605,922,000 ( of which $ 185,000,000 has been allocated towards the proposals developed through the Rebuild by Design competition);and
WHEREAS, the Town of Rochester has entered into a subrecipient agreement with the Governor’s Office of Storm Recovery of the New York State Housing Trust Fund Corporation.
NOW, THEREFORE BE IT RESOLVED by the Town Board on behalf of the Town of Rochester that the Town of Rochester shall follow these policies and procedures in the procurement of goods and services necessary for the implementation of projects funded by the Governor’s Office of Storm Recovery of the New York State housing Trust Fund Corporation:
( Procurement Procedures section to be added in all instances where subrecipient lacks a written procurement policy)
PROCUREMENT PROCEDURES:
The Town of Rochester will comply with the procurement standards required under 24 CFR 85.36 for all procurement activities utilizing CDBG-DR funds granted by the Governor’s Office of Storm Recovery of the New York State Housing Trust Fund Corporation.
( Review to Avoid Unnecessary/ Duplicative costs section to be added where subrecipient’s procurement policy lacks such a procedure)
AVIODING PROCUREMENT OF UNNECESSARY OR DUPLICATIVE ITEMS OR SERVICES
The Director or Supervisor of each department or agency of the Town of Rochester responsible for procurement of services, supplies, equipment, or construction obtained with federal, State or Local funds shall review all proposed procurement actions to avoid the purchase of unnecessary or duplicative items. Such reviews shall consider consolidation or breaking out to obtain a more economical purchase. When determined appropriate by the director or supervisor, an analysis should be made of lease versus purchase alternatives and any other analysis to determine the economical approach.
(Code of Conduct section to be included where subrecipient lacks code of conduct)
CODE OF CONDUCT
No employee, officer or agent of the Town of Rochester shall participate directly or indirectly in the selection or in the award or administration of any contract if a conflict, real or apparent, would be involved. Such conflict would arise when a financial or other interest in a firm selected for award is held by:
1. An employee, officer or agent involved in making the award;
2. His/Her relative including Father, Mother, Son, Daughter,Brother, Sister, Uncle, Aunt, First Cousin, Nephew, Niece, Husband, Wife, Father-in-Law, Mother –in-Law, Son-in-Law, Daughter-in-Law, Brother-in-Law, Sister-in-Law, Stepfather, Stepmother, stepson, stepdaughter, stepsister, half-brother, or sister;
3. His/Her partner;or
4. An organization which employs, is negotiating to employ, or has an arrangement concerning prospective employment of any of the above.
( Protest Procedures to be included where the subrecipient’s procurement policy lacks any such grievance procedure)
PROCUREMENT AND CONTRACT PROTEST PROCEDURES
Any actual or prospective contractor may protest the solicitation or award of a contract for serious violations of the principles of this statement. Any protest against solicitations must be received before the due date for receipt of bids or proposals, and any protest against the award of a contract must be received within ten calendar days after contract award, or the protest will not be considered. All bid protests shall be in writing, submitted to Purchasing Agent or Supervisor. The Purchasing Agent or Supervisor may, at his/her discretion, suspend the procurement pending resolution of the protest, if warranted by the facts presented.
5-0aye, motion carried
PUBLIC COMMENT:
No comments made.
EXECUTIVE SESSION:
A Motion was made by Councilman Spano to enter into executive session at 7:45pm to discuss a personnel issue with the Highway Secretary and have the Highway Superintendent attend, a buildings and grounds personnel issue, and discussion on the Giles Edward property.
Seconded by: Councilwoman Chachkin 5-0aye, motion carried
A Motion was made by Councilman Drabkin to reconvene the meeting at 8:12pm stating no action taken nor monies spent.
Seconded by: Councilman Spano 5-0aye, motion carried
HIRING OF BUILDINGS AND GROUNDS EMPLOYEE:
Resolution # 59-2015:
A Motion was made by Councilman Drabkin to appoint Sean Paddock part-time building and grounds employee with a pay of $ 10.50 per hour.
Seconded by: Councilwoman Fornino 5-0aye, motion carried
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:12pm
Seconded by: Supervisor Chipman 5-0aye, motion carried
RESPECTFULLY SUBMITTED
Kathleen A. Gundberg
Town Clerk/ Tax Collector