Town of Rochester Town Board held the Regular MeetingApril1, 2021was held at6:30pm via
Livestream Broadcast on YouTubehttps://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
Listening Dial in Number +1 929 205 6099 Meeting ID:818 3456 7947 Password: 560286
Join Zoom Meeting https://us02web.zoom.us/j/81834567947?pwd=MXJaSGk2aXZkUnBCSGNrRUp0Ukt2QT09

PRESENT:

Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Attorney Marylou Christiana Highway Superintendent Jeff Frey

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

PUBLIC COMMENT:

The Four year anniversary of “ Earth day” on Van Tine Rd of samsonville in Kerhonkson remains the same. Imagine yourself living in these toxics for 4 years and feeling safe especially the last year during COVID. Maybe the Rec. Dept. and the ECC could promote a special drive-by for Earth day this year. The tour would highlight illegal dumping, ground water contamination and human beings living with chemicals that will kill an insect and then move up the food chain. This is a present day watershed education park on a town road. Unlike other Towns with similar events, this town has continued to place blame on the DEC. The simple fact remains that the property owner is responsible for the property. The DEC isn’t much different than your own strategy of promoting only good news.
Meg Smith

ATTORNEY FOR THE TOWN REPORT:

Attorney Christiana suggested that she and Supervisor Baden work on the General Code suggestions in the near future.

TOWN CLERK/ TAX COLLECTOR REPORT:

LIQUOR LICENSE:

The following Liquor Licenses have been filed:

HUDSON VALLEY NY
HOLDING LLC DBA
HUDSON VALLEY RESORT

FIG AND PIG INC.
LOVE BIRD LLC

TAX COLLECTION:

During the month of March $ 391,291.81 have been collected. $ 4,660.30- penalty and $ 386,631.51- base amount.
There is still $ 1,484,733.79 remaining to be collected. Unpaid notices will go out the end of this month.

HIGHWAY SUPERINTENDENT REPORT:

Nothing to report

SUPERVISOR’S REPORT:
Supervisor’s Report
March 2021 report– will be filed with the Town Clerk

March2021 Financials
Revenue
Receipts received from the Town Clerk’s office $ 48,589.34
Expenditures
Abstract 15-2020
General Fund $8,267.50
Abstract 3-2021
General Fund $80,943.41
Highway Fund $52,673.68
Street Lighting Fund $371.69
Grant Fund $1905.00

SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:

Monthly Correspondence:
– The AUD extension has been extended and due no later than May 1, 2021.
– The lifeboats HV Fund of the New World Foundation has awarded a grant to Town of Rochetser in the amount of $ 8,765.00
– Catskill watershed annual meeting will take place on April 6, 2021 at 1:00pm via zoom
– Letter of request from Eric Humphrey, Minnewaska state park superintendent requesting the service of the constables.
– Rock Hill Rd construction that may be violating erosion sediment
COVID-19 report: 40 active cases in Rochester, 1788 in Ulster County , approximately 20% of the population has been vaccinated at this time.
NY Rising – Alligerville Firehouse update
IT update: 8 computers have been installed still working on getting some data transferred and migrating towards the central server account.
Veteran’s Park: 3 maple trees will be here by mid April.
Park Update: Ball field: field boundaries have been marked. The plan is to reskin the infield of grass, level it and put breakaway bases on the field. The Board agreed to bring the playground equipment packet for purchase before the Board and the April 8th special meeting.

DEPARTMENT UPDATES/LIAISON REPORTS:
Councilman Paddock:Recreation Dept.: The Easter bunny will be traveling the Town Saturday April 3rd. Photos with the Bunny this week were a hit along with the scavenger hunt to local businesses. Earth Day will take place this year weekends of April 17th and April 24th, call the youth commission to sign up.
Constabulary:Court is partially open. The Constabulary answered 14direct calls for serviceand other dutiesinMarchof 2021.These included:
•8Neighbor to Neighbor and Quality of Life Complaints
•2Resident Traffic Complaints (Towpath Rd. and WhitfieldRd.)
•2Environmental Complaints, (Rock Hill Rd.and Queens Hwy.)•8Building Department Violations
•0New Court Cases Opened*
•27Court Proceedings Remain Open
•0Court ProceedingsClosed*(Due to COVID-19 Court Closures, Latest Numbers are Unavailable)Interesting Occurrences: During thismonth, complaints regarding garbage on residents properties are up. Trespasseson residents’ propertiesare up. Complaints regarding garbage being dumpedonseverallocal roadsare stillongoingand have increased.Neighbor to neighbor complaintshave increased again this monthwith all of thembeingdefusedsuccessfully and without further incident.Disputes from last month have been closed out and still, manyare ongoingand should be resolved in the next few weeks. Due to the COVID-19 pandemic, we continue to have limited direct contact with complainantswith a proportional increase in direct phone calls.
Councilwoman Haugen-Depuy:Asked about signage for the direction of office locations at the courthouse. A formalized letter was sent to the justice court regarding the 2020 Comptroller reports to the court records.
Supervisor Baden stated the bill for May-June 2020 sent from the State was received a days ago.
Councilwoman Enouen:ZBA:was quiet the meeting was cancelled due to no agenda items.
Transfer Station: Charlie Wittaker submitted an email clarifying a few things that were discussed at the Town workshop meetingin regards to the transfer station with an empty bin, open lines of communication and DEC compliance.
Councilman Hewitt: ECC: will check the pizza oven at the community center to see if it is workable for the Earthday pizza party. April 15th will be a presentation on the watershed park. The ECC has offered to help clean up and that’s the first step. May 22nd the ECC plans to clean up invasive species of the proposed park area. May 1st River Keeper is planning a cleanup at the boat launch on Berme Rd. Judith Karpova will do a presentation on wildlife corridor.
Supervisor Baden: stated that the dead ash trees have been cut from the rail trail for artists to design the stumps during the June project of celebrating trails and the D&H canal. Supervisor Baden and Madeline Russo ( ECC) met with the students of BARD College and provided all documents for zoning laws. Comp plan and various other documents produced over the years. There are 3 students working on the Rochester project one who is local and 2 who are not from the area. This is part of a graduate program, reviewing codes,

TOWN BOARD MEMBERTIME:

Councilwoman Haugen-Depuy: asked if anyone watched the last ECC meeting and if not encouraged the Board to watch it. The ECC is moving forward with the watershed park and this work should be approved by the Town Board correct? Have land owners been notified?
Councilman Hewitt stated on 4/15 the ECC is planning the presentation of phase 2. The plan is that members of the ECC have voluntarily offered to remove down debris & limbs and begin a rough sketchto make trails.
Attorney Christiana stated that the project should come before the Town Board for approval.
Supervisor Baden asked Councilman Hewitt to bring bullet point presentation for the Board to take action by April 8th special meeting.

ACTION ON MINUTES:
Resolution # 136-2021:

A Motion was made by Councilman Paddock that the Town Board accepts the minutes of the March 4, 2021 Regular Meeting as amended, March 11, 2021 Public Hearing, March 23, 2021 Public Hearing,and March25, 2021 Workshop meeting.
Second: Councilman Hewitt

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

ACCEPTANCE OF A DONATION:
Resolution # 137-2021:

A Motion was made by Councilwoman Enouen that theTown of Rochester accepts donationsas follows
$20.09 from St. Pauly Textile East, Inc.,
$50.00 from Adam Paddock
$350.00 from Stewart’s Shops (Stewart’s Holiday Match program)
$40.00 from Kerhonkson Accord Jewish Senior Citizens
$202.00 from cash donations for the St. Patrick’s Day luncheon
$2,500.00 from Michael Oremus Foundation
Second: Councilwoman Haugen-Depuy

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

RECREATION COMMISSION REAPPOINTMENT:

A Motion was made by Councilwoman Enouen that the Town Board reappoints ¬¬ Stephen Lopez to the Recreation Commission as per his original 2021 resolution appointment terms.
Second: Councilwoman Haugen-Depuy
After a brief discussion the Board withdrew the resolution.

BOARD OF ETHICS APPOINTMENT:
Resolution # 138-2021:

A Motion was made by Councilman Paddock that the Town Board appoints Chaplain Stephen Roberts to the position of Board of Ethics, Alternate Member, for a term to end December 31, 2023 and requests the Town Clerk notify of the oath of office requirement.
Second: Councilman Hewitt
Discussion: Councilwoman Haugen-Depuy stated that she was happy the Board could do this, I enjoyed his interview and it was a tough decision.

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

ZONING BOARD OF APPEALS APPOINTMENTS:
Resolution # 139-2021:

A Motionwas made by Councilwoman Enouen that the Town Board appoints Isabel Vinton to the position of Zoning Board of Appeals, Alternate Member, for a term to end December 31, 2022 and requests the Town Clerk notify of the oath of office requirement.
Second: Councilwoman Haugen-Depuy

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

CHANGE IN TRANSFER STATION SCHEDULE:
Resolution # 141-2021:

A Motion was made by Councilwoman Enouen effective April 19, 2021, the Town Board hereby changes the Transfer Station days of operation open to the public to be Tuesday, Thursday, Friday, and Saturday for the hours 7:30am until 4:00pm, with no new vehicles allowed to enter after 3:45pm.
Second: Supervisor Baden

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

CHANGE IN EMPLOYEE WORK HOURS:
Resolution # 142-2021:

A Motion was made by Councilwoman Enouen that the Town Board authorizes an increase in work hours for Stephanie Zaniboni, Laborer, Transfer Station from 24 hours per week to 32 hours per week.
Second: Supervisor Baden

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

MUNICIPAY ACCEPTANCE AT THE TRANSFER STATION:
Resolution # 143-2021:

A Motion was made by Councilwoman Enouenthat;

WHEREAS, after review by the Town Attorney, Resolution # 83-2015 adopted July 2, 2015 the Town or Rochester Town Board entered into contract with MuniciPAY with no set-up fees, monthly fees or processing fees assessed to the municipality.

WHEREAS,MuniciPAY is an electronic payment processing solution designed specifically for the government, education and utility industries.

WHEREAS,MuniciPay allows municipalities to accept credit cards and pass the credit card processing fee along to the individual choosing to pay via a credit card in person.

WHEREAS,MuniciPay offers a credit card processing unit for a one time purchase fee that is secure and allows cards to be processed through a chip reader or through swiping.

WHEREAS, several departments in town currently utilize MuniciPay to accept credit cards and all payments, whether accepted over-the-counter, via phone, by mail, or online, are captured in one comprehensive reporting system.

WHEREAS,MuniciPay offers an online interface that allows a single Town Department to have its own login and can limit access only to that department’s fee schedule and reporting which would allow each individual purchase that occurs in person to be paid for through payment via credit card, with a fee, or with check or other payment method, such as punch cards, through no additional fee.

WHEREAS, the Town or Rochester Transfer Station handles a significant volume of in person transactions and payments and currently generates to data for all daily reports by pen and paper.
WHEREAS, the reports of transactions occurring at the transfer station would be available to be viewed electronically by authorized users such as the Town Clerk.

THEREFORE, the Town of Rochester Town Board hereby authorizes the Town Transfer Station Department Head and the Town Clerk to work with MuniciPAY to create a special transfer station login and interface that includes all services offered at the transfer station and their fees and to integrate with the Town Clerks office according to the Town Clerk’s needs.
Second: Supervisor Baden

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

CHANGE IN RATE OF PAY:
Resolution # 144-2021:

A Motionwas made by SupervisorBaden Change in Rate of PayRecommended resolution: Upon recommendation of the Transfer Station Department Head, The Town of Rochester Town Board authorizes the Town Supervisor to increase the rate of pay for the two employees currently designated as Laborer, Transfer Station from $15.00 per hour to $15.50 per hour effective April 19, 2021.
Second: Councilman Paddock
Discussion:
Councilwoman Haugen-Depuy stated, “ I would prefer the Board wait and see how the employees do before we reward them with more money. One is very new and the other received a $ 2.50 raise already. I don’t see the need for it yet.”
Highway Superintendent Frey: stated, “ They do deserve it right now. I’ve been satisfied with their work and they should be rewarded. I see what they have to do crawling through bins and it’s not nice work. I am trying to get the department in the right direction and will be disappointed if they don’t get the raise.”
Councilman Hewitt: “A pay increase may give more pride in the position.”
Councilwoman Enouen: “we are giving a more defined role in the labor position and accountability structure.”
Councilman Paddock: “ I agree with Jeff, if you do good work you should deserve a decent wage. A vast majority of employees are underpaid including the Supervisor. We are talking about $ 16.00 a week difference and they deserve it they are crawling around in maggot infested bags in warm weather and we are talking about .50 cents.”

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy nay
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 4-1aye, motion carried

AUTHORIZATION TO WORK ADDITIONAL HOURS:
Resolution # 145-2021:

A Motionwas made by Supervisor Baden that the Town Board authorizes Christina Ferrara to work an additional 5 hours per week until April 30, 2021 in addition to normal work hours as 1st deputy clerk to assist the Assessor and will be compensated at the regular rate of pay.
Second: Councilman Hewitt

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

INTENT TO SEEK SEQRA LEAD AGENCY STATUS FOR WALNUT BROOK LLC:
Resolution # 146-2021:

A Motionwas made by Supervisor Baden that;

WHEREAS, the Town of Rochester Town Board has received a Zoning Permit request to grant a zoning district overlay designation of Economic Enterprise Overlay (EEO) from Walnut Brook LLC for the parcel located at 5688 Route 209, Accord NY (SBL 76.2-2-10; and

WHEREAS, Walnut Brook LLC proposes adaptive reuse of the former Maybrook Lodge facility to construct a multifamily housing community with a mix of one family, two family and multifamily buildings totaling 24 units and 40 bedrooms; and

WHEREAS, the Town of Rochester Town Board, in consideration of this request, has determined this action, in accordance with the provisions of 6 NYCRR Part 617, will be classified as a Type I action, pursuant to §617.4 (b) (3), §617.4 (b) (5) (iii), and §617.4 (8); and

WHEREAS, the Town of Rochester Town Board intends to serve as Lead Agency for the SEQRA review of this Type 1 Action, and, in this capacity, will determine if the proposed action will have a significant effect on the environment; and
WHEREAS,the Lead Agency will undertake a coordinated review of this action with these identified Involved Agencies;
Town of Rochester Town Board – EEO Zoning District designation
Town of Rochester Planning Board – Site Plan
Ulster County Department of Health – septic, public water supply
NYS Dept of Transportation – Access Permit
NYS Dept of Environmental Conservation – SPDES, SWPPP, named stream

WHEREAS, although not required within the law, the Lead Agency will undertake a request for input from these identified Interested Agencies;
Accord Fire District – fire and emergency access and safety
Town of Rochester Building Dept – Building Permit, safety, and fire Inspection
Town of Rochester Environmental Conservation Commission – environmental aspects
Town of Rochester Historic Preservation Commission – historical and architectural aspects
Ulster County Planning Department – site plan, Ulster County Ag District, housing
Army Corps of Engineers – NWI Wetland on adjacent property

NOW THEREFORE BE IT RESOLVED, the Town of Rochester Town Board hereby designates its intention to serve as Lead Agency for the SEQRA Coordinated Review of this Type 1 Action and directs the Town Supervisor to circulate the Lead Agency Notice, a copy of the EAF Part 1, and all documents presented to the Town Board to date in furtherance of this request to all Involved Agencies, who shall be given 30 days from the mailing of the Lead Agency Notice to accept or challenge the Town of Rochester Town Board’s Lead Agency designation. Additionallyall Involved and Interested Agencies shall be requested to provide any information they believe may pertinent to the review of the request for zoning district change.
Second: Councilman Hewitt
Discussion: Councilwoman Haugen_Depuy asked if there is a conflict of interest because the Supervisor approached the applicant with the EEO?
Attorney Christiana stated that “the applicant was made aware of something in the law and that’s ok there is no legal conflict of interest.”
Supervisor Baden stated,” I gave them options of whats in the Town law.”
Councilwoman Haugen-Depuy stated, “ Iwant to make sure we are doing this correctly and making sure we are not messing with the autonomy of the Planning Board.”
Councilwoman Enouen: stated, “I support the idea of the project but have hesitations. Moving forward would like to have some clarity or application form to we have a particular understanding and knowing the steps of the process.”
Attorney Christiana stated, “ I think a application is a great idea and gives a basic narrative.
Councilman Hewitt stated, “ the feedback from the Planning Board and gateway meting were helpful.

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

REFER FOR RECOMMENDATION:
Resolution # 147-2021;

A Motionwas made by Supervisor Baden that In accordance with Town of Rochester Zoning Code § 140-18.1. Economic Enterprise Overlay District, the Town Board directs the Town Supervisor to refer a copy of the application and all supporting information to the Town of Rochester Building Inspector who shall make a recommendation to the Town Board within 30 days of receipt of the application, and to the Town of Rochester Planning Board and the Ulster County Planning Board for recommendations as provided in the Town of Rochester Zoning Code and General Municipal Law.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

SETTING A PUBLIC HEARING:
Resolution # 148-2021:

A Motion was made by Councilwoman Enouen that the Town Board sets a date for public hearing to be held at 6:30pm on Thursday May 13, 2021 at the Harold Lipton Community Center or via videoconference in accordance with the Governor’s March 13, 2020 Executive Order 202.1 and successors.
The public shall be heard on the matter ofthe Town Board’s consideration to grant a zoning district overlay designation of Economic Enterprise Overlay (EEO)for the parcel located at 5688 Route 209, Accord NY (SBL 76.2-2-10) and owned by Walnut Brook LLC.
Walnut Brook LLC proposes adaptive reuse of the former Maybrook Lodge facility to construct a multifamily housing community with a mix of one family, two family and multifamily buildings totaling 24 units and 40 bedrooms.
The Town Board further requests the Town Clerk post and circulate legal notice of the public hearing.
Second: Councilman Paddock

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

ESTABLISHMENT OF AN ESCROW ACCOUNT:
Resolution # 149-2021:

A Motion was made by Councilwoman Enouen that upon recommendation of the Supervisor, The Town of Rochester Town Board authorizes the Town Supervisor to establish an escrow account for Walnut Brook LLC to be funded in the amount of $6,000 to pay expenses of any professional services costs incurred by the Town Board and Planning Board for the review of the request for Economic Enterprise Overlay zoning designation.
Second: Councilwoman Haugen-Depuy

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

DISCUSSION ITEMS:

MINNEWASKA STATE PARK PRESERVE REQUEST:
There is a meeting scheduled for April 8th with Supervisor Baden, Councilman Paddock, Rich Miller, Jose Velasco, Minnewaska Park Superintendent and local police authorities. Councilwoman Haugen-Depuy asked if we can look into getting some money for sending the constables. Attorney Christiana suggested a shared service agreement.

PLAYGROUND EQUIPMENT:

Councilman Paddock will bring the contract and quote to the Board for the April 8th meeting.

PAVILION RENTAL:

Councilman Paddock stated that it was discussed with Town Clerk Gundberg to have a $ 50 deposit and $ 50 whole day rental. The deposit will be returned as long as the resident takes their refuse with them when they go and no damage is done to the park. Park rental form and approval of cost will be discussed at the April 8th meeting.

PLANNING BOARD REQUEST-CONSULTANT:

Supervisor Baden stated at the Planning Board’s request how does the Board want to go about hiring a planning consultant. We can bill by application, allow for 1 hour of planner and then anything above it be charged to the applicant?
The Board agreed to bring the options to the Planning Board to see what their thoughts are on this.

AMERICAN TOWER CORPATION LEASE
Supervisor Baden asked the Board to review the new proposal on the extension of the lease.

EEO REQUEST- ACCORD LLC:
Supervisor Baden stated the project is the grainery barns on the corner of Granite and Main St. it would be for re-purposing the buildings to create a bike shop, restaurant or outdoor food, and possibly allowing for the rail trail to connect through the property. We can discuss it further at the April workshop meeting.

PERFORMANCE REVIEWS:
Town Clerk Gundberg asked that the Board look into doing performance reviews when discussing raises for employees in the future.

EXECUTIVE SESSION:

A Motion was made by Supervisor Baden to enter into executive session at 9:03pm for the discussion of the employment of a particular person.
Second: Councilwoman Enouen

A Motion was made by Councilwoman Enouen to reconvene the meeting at 9:08pm with no action taken nor monies expended.
Second: Councilman Paddock

ADJOURNMENT:

A Motion was made by Councilwoman Enouen to adjourn the meeting at 9:09pm in memory of

• Vincent “Dutch” Barringer
• Roger Galewaler
• Lenny Pacht
• James “Jimmy” Heglund
• All suffering worldwide from the COVID-19 virus

Second: Councilman Paddock

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
Town Clerk