Town Board Regular Meeting – April 2019

The April 4, 2019 Regular Town Board Meeting was held at 6:30pm at the Town of Rochester Town Hall.

PRESENT:

Councilman Brian Drabkin Councilwoman Cindy Fornino
Councilwoman Bea Haugen-Depuy Councilman Christopher Hewitt (7:06pm)
Supervisor Michael Baden Attorney Marylou Christiana

ABSENT:
Town Clerk Kathleen Gundberg

PLEDGE:
Supervisor Baden opened the meeting and led in the Pledge of Allegiance to the Flag.

Town Calendar
April 8 Planning Board Harold Lipton Community Ctr 7pm
April 11 Environmental Conservation Commission Town Hall 6:30pm
April 13 Rail Trail Cleanup Day Town Hall or Williams Lumber 10am
April 15 Historic Preservation Commission Town Hall 2pm
April 16 Ulster County Legislature County Office Bldg., Kingston 7pm
April 17 Youth Commission Harold Lipton Community Ctr 9:30am
April 18 Trails Committee Town Hall 6pm
April 18 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
April 20 EarthDay Road Cleanup All Day
April 25 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm
April 27 EarthDay Road Cleanup All Day
May 2 Town Board Regular Meeting 6:30pm
May 4 Riverkeeper Sweep – Rondout Creek Cleanup

Attorney for the Town Update:
Attorney Christiana sent an email to the Board members

Liaison Reports:
Councilwoman Haugen-Depuy: Building Department: for the month of March: zoning permits
$ 385.00, Building permits: $ 4077.40 and misc. building permits: $ $1508.00 for a total of the month: $ 5970.40.
Councilwoman Fornino: Summer Program is full and there is now a waiting list. The Easter Egg Hunt will take place on 4/13 at 12pm at the Town Park. The fire company will be there with a fire truck for “touch a truck”.
Supervisor Baden: Transfer Station report shows that the transfer station is on track. There is a 1.8 ton difference similar to January; we are in good shape financially. The next monthly report will include labor costs & utilities costs.
Assessor’s Office: 2019 Reval Project: for the month of March 65 residents met with the Assessor to discuss the new assessment, this will continue through to Grievance Day. Grievance day will be rescheduled. Exemptions: some outstanding documentation is needed for a handful of exemptions; the office is currently reaching out to property owners to request additional information. Angie is incredibly diligent in making sure no exemption is left unturned, she’s amazing.
Constabulary: for the month of March: the Constabulary answered 10 direct calls for service including:
7 neighbor to neighbor issues and solutions
2 resident traffic complaints (Whitfield Rd & Boice Mill/ Maple Lane)
4 Environmental complaints (Van Tine Rd. & Queens Hwy)
7 Building Department violations
1 Animal welfare/abandonment complaint (w/ UCSPCA)
5 Court cases started (5 Town Law, 0 NYS VTL)
1 Court hearing was held in addition to regular Court Hours
94 Court Proceedings (PL, VTL, TL) are still pending or in process
Month of March fines/fees $ 2509.00 with $ 186.00 NYS surcharge

Supervisor’s Update/Correspondence Report:

The Governor Budget restored the AIM funding throughout the State. CHIP money is the same as last year. Funding is based on percentage of mileage of roads. The past two years the Town Highway Superintendent has applied and received 100% of allocated money.

Town of Rochester Basketball Program: 125 children participated in the program with ages ranging from 7-21 years old. The expense of the program was $ 9,998.12 and income was $ 11,600.00 for a small profit of $ 1,601.88. Mike Smith and the Baul family do a fantastic job running this successful program.

Solar: 270 Town residents have signed up for the solar project and a total of 310. Supervisor Baden stated approximately 135 residential homes currently are solar and with this project it will bring the total to 405 residential homes out of a total of 2500 being powered by solar, good percentage!

Community Newsletter: First newsletter came out last month.

St. Patrick’s Day Luncheon: packed as always!

Rail Trail Committee: Clean-up day will be 4/13 at 10am at the Town Hall and Williams Lumber rail trail entrances. The Highway department is clearing drainage issues on the Rail Trail near the Williams Lumber entrance.

ECC: Earth Day Clean-up will be held on 4/20 & 4/27/19. You can call the Youth Commission to sign up your road. River Keeper: 5/4/19

Ulster County Auction for County lands 4/24/19 at 9:00am. Thankfully the Town of Rochester only has 8 parcels listed.

Public Comment:

A concerned resident on City Hall Road stated her homeowners insurance increased for the sole reason of the rating response from the Fire Company has declined. Is the Town aware of this? Why is this happening? Is it a lack of equipment, technology or poor communication? Who is responsible for this rating? And how can we communicate better to the residents?
Supervisor Baden stated that he doesn’t know much about the subject, not sure who is responsible for the information on the rating. The Fire department does have significantly good equipment and are maintaining member numbers but this will be looked in to and see what is going on. Supervisor Baden also stated that he will speak to the Town’s insurance Company to see what answers he can find out.

Another Resident asked what was going on with Camp Rav Tov?

Supervisor Baden stated that the Camp has secured a permit from the DEC and Ulster County Department of Health for a new septic system. The Health Department is monitoring the construction process of the septic system. Supervisor Baden reviewed plans submitted to the Town by the Camp’s Engineer for widening driveway to help with the bus traffic.

Another Resident asked about the sound?

Supervisor Baden stated at the moment the Town doesn’t have a noise ordinance in the Town, it can be brought up for discussion by the Board in the future if the Board wishes to do so.

Carol Fisher asked if work is scheduled to be done to Main St. Bridge.
Supervisor Baden stated that it is not on the County list of Bridges to be repaired.

Charlie Fisher asked about the use of commercial traffic on Clay Hill Road.
Supervisor Baden stated that there are no set road restrictions for commercial traffic on Clay Hill Road. We can approach Wawarsing to work together on the weight restriction for the road.

One resident asked whatever came of the illegal dumping.
Supervisor Baden stated that he calls the DEC about every 2 weeks and since this is pending court matter the DEC is reluctant to give out any information. I feel the pain of the residents on the road it’s been almost 2 years, if something isn’t done soon the plan is to go to the press. Part of the problem is the Governor changed the hauling laws on C/D because of dumping cases like this. It’s beyond frustrating; I have neighbors coming in on a regular basis worried about their water supply.

Board Member Time

Supervisor Baden stated there’s been discussion for the residents of Elizabeth St., Sheldon Dr. and Webster Ave to join the Kerhonkson/ Wawarsing water district. 29 of the 32 properties are currently being occupied and an inquiry is being mailed out to those residents to see if they are interested. The Town of Wawarsing doesn’t see this as a problem.

Code Enforcement Officer Jerry Davis sent a letter to the Board for the Constabulary to monitor the new bridge in Accord. Unfortunately spray painting has been done to the new bridge and the Board has asked Chief Miller to investigate or purpose a plan of action to submit to the Board.

Councilman Hewitt arrived at 7:06pm.

Resolutions
APPROVAL OF MINUTES
Resolution # 116-2019:

A Motion was made by Councilman Drabkin to approve the minutes of the meetings as amended;
March 7, 2019 Regular Meeting
March 28, 2019 Audit/Workshop Meeting
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTING DONATIONS:
A Motion was made by Councilman Drabkin to approve Resolutions # 117-119 of 2019;

Resolution # 117-2019:

The Town Board accepts donation of $2500.00 from the Michael Oremus Foundation and directs the Supervisor to deposit the funds in the General Fund account, revenue line AA-4-2705.

Resolution # 118 -2019:
The Town Board accepts donations of $57.52 from St. Pauly’s Textile, Inc. and directs the Supervisor to deposit the funds in the General Fund account, revenue line AA-4-2705.

Resolution # 119 -2019:
The Town Board accepts donations of $291.72 from Arlene and Alan Levine for corned beef, $61.00 from Deborah Martin, and $94.00 from various persons contributed at the St. Patrick’s Day luncheon and directs the Supervisor to deposit the funds in the General Fund account, revenue line AA-4-2705.

Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

APPOINTMENT TO BOARDS AND COMMISSIONS:
Resolution # 120-2019:

A Motion was made by Councilwoman Haugen-Depuy reappointing Alonzo Grace to the Planning Board, for a term to end 12/31/2021 and Brinton Baker to the Board of Ethics for a term to end 12/31/2023; and requests the Town Clerk to send notice of the requirements of Oath of Office.
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried

AMENDMENT TO LEASE:
Resolution # 121-2019:

A Motion was made by Councilman Drabkin upon advice of the Attorney for the Town, the Town Board authorizes the Supervisor to sign the Second Amendment of Lease (“Agreement”) by and between Off Airport Road – West, LLC (“Lessee”), and the Town of Rochester, Ulster County, New York (the “Lessor”), as presented.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried

SEQRA CLASSIFICATION, PROPOSED LOCAL LAW # 2 OF 2019:
Resolution # 122-2019:

A Motion was made by Councilman Drabkin pursuant to the NYS Environmental Quality Review Act and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended, the Town Board has determined proposed Local Law 2 of 2019 constitutes an “Unlisted Action” under 6 NYCRR§617.6 (a) (1).
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried

ROLL CALL VOTE:

Councilman Drabkin aye
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye motion carried

SETTING A PUBLIC HEARING:
Resolution # 123 -2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board schedules a public hearing for proposed local law 2 of 2019; Amending Local Law 2 of 2018, amending Local Law 1 of 2015, establishing a date for the meeting of the Town of Rochester Board of Assessment Review other than that provided in subdivision 1 of section 512 of the real property tax law. Such hearing to be held on May 2, 2019 at 6:30pm at the Town of Rochester Town Hall, 50 Scenic Road / PO Box 65 Accord, New York 12404. The Town Clerk shall cause a legal notice of said public hearing to be published according to law.
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried

EXECUTIVE SESSION:

A Motion was made by Supervisor Baden to enter into executive session at 7:15pm for the purpose of discussion of a letter of complaint regarding specific town officers and discussion of a letter of complaint regarding a specific town employee.
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried

A Motion was made by Councilwoman Haugen-Depuy to reconvene the meeting at 7:35pm stating no action taken nor monies expended.
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried

ADJOURNMENT:

A Motion was made by Councilwoman Fornino to adjourn the meeting at 7:35pm.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

Respectfully Submitted,

Kathleen A. Gundberg
Town Clerk