The August 6, 2020 Regular Town Board Meeting was held at 6:58pm immediately following the public hearing on proposed local law # 4-2020 by livestream broadcast on youtube at http://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
PRESENT:
Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt (6:44PM) Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Town Attorney Marylou Christiana
SEQRA – Parts II & III LOCAL LAW # 4-2020: AMENDING CHAPTER 132, VEHICLE AND TRAFFIC, OF THE CODE OF THE TOWN OF ROCHESTER:
Resolution # 171-2020:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board has determined Local Law 4 of 2020, Amending Chapter 132, Vehicles and Traffic, of the Code of the Town of Rochester, as being an Unlisted Action under SEQRA and declares a Negative Declaration, having reviewed Part 1 and 2 of the Short Form Environmental Assessment Form, having determined that Local Law 4 of 2020 will not result in a significant adverse environmental impact and consequently no EIS will be prepared.
Second: Councilwoman Enouen
ROLL CALL :
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0, motion carried
LOCAL LAW # 4 OF 2020: AMENDING CHAPTER 132 OF THE TOWN OF ROCHESTER TOWN CODE:
RESOLUTION # 172-2020:
A Motion was made by Supervisor Baden that the Town Board adopts Local Law 4-2020, Amending Chapter 132, Vehicles and Traffic, of the Code of the Town of Rochester, and requests the Town Clerk file the Local Law with the Department of State.
Second: Councilman Paddock
Discussion: Councilwoman Haugen-Depuy suggested placing large boulders in the no parking area designations. It may be more cost effective. And signage is good as long as it isn’t too costly.
Attorney Christiana stated that nothing can be placed on private property.
Supervisor Baden stated that he would have to talk with Highway Superintendent Frey to see if this would impact snow plowing and water drainage.
Councilwoman Enouen: stated that she likes the ideas, she will get quotes for the signage and they are very affordable.
Councilman Hewitt stated that he wasn’t in favor of the local law because he believes in tourism and bringing people here is a good thing but he is changing directions given the concern from bounding owners.
Supervisor Baden is hoping to have signs in within the next two weeks.
ROLL CALL :
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0, motion carried
Local Law # 4 of 2020:
A Local Law amending Chapter 132, Vehicles and Traffic, of the Code of the Town of Rochester
Section 1. § 132-2(B) of the Code of the Town of Rochester, the chart shall be replaced as follows:
NAME OF STREET SIDE OF ROAD LOCATION
Cherrytown Road Both Boundary of 338 Cherrytown Road
Project 32 Road Both County Route 27 to terminus of Project 32 Road
Trails End Road Both Intersection with Dymond Road to terminus of Trails End Road
Tow Path Road North (opposite side of peterskill creek) 301 Towpath Road to 448 Tow Path Road
Tow Path Road South Accord Fire Department access
Boundaries of 301Tow Path Rd, 345 Tow Path Rd, 357 Tow Path Rd, 410 Tow Path Rd, 436 Tow Path Rd, 442 Tow Path Rd, 448 Tow Path Rd
3. Severability
If any part or provision of this local law is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Law or the application thereof to other persons or circumstances. The Town hereby declares that it would have enacted the remainder of this Law even without such part or provision or application.
Section 4. Effective Date
This local law shall become effective immediately upon the filing in the office of the New York Secretary of State pursuant to Section 27 of the of Municipal Home Rule Law.
DISCUSSION OF TOW OF VEHICLES:
Supervisor Baden stated that he is appointing the Highway Superintendent and Deputy Superintendent to be added to the list of those that can make the decision to have vehicles towed in the no parking area.
Supervisor Baden is going to work with Attorney Christiana on created a proposed local law for towing vehicles.
Public Comment Report – Town Clerk
Ira Stern stated that that Board did a great job with Local Law # 4 and thank you, but it still doesn’t address the deep hole problem.
ATTORNEY FOR THE TOWN REPORT: would like to schedule a meeting with the Board after the Town Board meeting.
SUPERVISOR’S REPORT:
July 2020 – Filed with the Town Clerk
ANNOUCEMENT OF JULY 2020 FINANCIALS:
Revenue
General Fund: $ 61,682.73
Highway Fund: $ 212,936.90
Receipts received from the Town Clerk’s office $ 43,543.21
Expenditures
Abstract 7-2020
General Fund $ 61,463.29
Highway Fund $ 185,535.99
Street Lighting Fund $ 389.40
Grant Account $ 200.12
PRESENTATION: CURRENT RESILIENCE PROJECT:
Councilman Hewitt gave a presentation on Hudson Valley Current.
Hudson Valley Current works with the community to keep money local, promote tourism and promotes a culture of kindness. We exchange with each other through our local currency, the Current. We share food in the community with our Satisfy Hunger campaign. Our Hudson Valley towns are resilient—we can bend and adjust in challenging times, and then move forward into a future of care and support for all of our neighbors.
Currently Ulster, Dutchess and Columbia Counties are involved. Municipalities can apply for a grant up to $100,000.00 in currents. The currents can be used for payroll, paying vendor’s who are willing to comply and join.
The Board discussed legalities with IRS, investments policies, bartering trade, examples of how the program could work.
Supervisor Baden thanked Councilman Hewitt for the presentation and if the Board had any other questions to feel free to contact Chris.
SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:
COVID-19 Report: In Ulster County some numbers are up believe there to be approximately 10 currently, 1 case in Town of Rochester. There are a few in the prison system.
Census 2020: Supervisor Baden asked that we all encourage people to get their information in to the Census Bureau. The numbers are important for state aid and funding. Next week they will be going door to door for those who have not responding.
Constabulary Committee: Supervisor Baden received request from resident interested in volunteering for the ad-hoc committee.
St. Paulies textiles: sent correspondence temporarily closing of the clothing shed located at the Community Center due to COVID-19.
Dewitt Road correspondence was deferred to Highway Superintendent.
Ag District: 3 parcels were recommended by the Ulster County Agricultural and Farmland Protection Board to be in a state certified agricultural district.
2 located on Mill Hook Rd
1 located on Stony Kill Rd.
There will be a public hearing on 8/11/20. The Town Board may convey any potential issues to the Ulster County Planning Board.
Mohonk Preserve: An Annual community benefit contribution of $ 1,000.00 is donated to the Town of Rochester. The Preserve is offering a free one month pass during the Healthy Ulster Pass Program 7/30/20-8/2/20.
Letter opposing Dollar General was submitted to the Town Board.
DEPARTMENT UPDATES/ LIAISON REPORTS:
Town Planning Board: current owner of the former Rainbow Diner location is looking to put in a drive thru deli. Current owner of the former Demayo Shop on the corner of Lucas Ave and Route 209 looking to put in a Dollar General.
Building Department: monthly report is $ 14,000.00 which is twice as much as it usually is.
Assessor Report:
Data Verification project: as part of the Annual re-assessment plan adopted by the Town several years ago, I am required to review the inventory of parcels in the Town. Starting in June I will start this project to complete the parcels that need to be reviewed prior to next year’s roll. So far this year I have inspected 498 parcels.
Summer projects: during the next several months we have several projects that we will be working on which are listed
1- Data verification project
Small Claims application: we received 7 small claim applications this year. All 7 applications were filed by a consultant who filed Grievance Applications on behalf or property owners. These cases will be heard by a hearing officer before the end of the year.
Transfer Station: Councilwoman Enouen will be meeting with the sales rep for signage.
Councilman Paddock: Stated the Rec Dept. is working on expanding the list for Seniors, informing the group on resources available. Along with the Town youtube sight Ashley is working on a pen pal service where the kids can write to active duty military.
Councilwoman Haugen-Depuy: Judge La Flamme is extending her court. Not sure of the details involved or what would be required. No information yet has been given by Judge Shaheen. There are concerns of clerks allowing people into the courthouse without security there.
TOWN CLERK UPDATE: Town Clerk Gundberg has been in contact with Municipay regarding online payments. Hope to be up and running within the next couple of weeks.
HIGHWAY SUPT. REPORT: Much of the paving for the summer is complete. Planning on scheduling paving for the Community Center in August and the Courthouse in September.
Supervisor Baden thanked the Highway Department along with emergency responders and Central Hudson for all their efforts during Tuesday’s storm. There were a lot of outages in single and double digits. As of today there are only 55 residents left without power.
CONSTABULARY REPORT:
Court Remains Closed. The Constabulary answered 33 direct calls for service and other duties in July of 2020. These included:
•27 Neighbor to Neighbor and Quality of Life Complaints
•3 Resident Traffic Complaints (Trail’s End Rd. Towpath Rd., Mill Hook rd)
•3 Environmental Complaints, ( Mill Hook Rd., Towpath Rd., and Queens Hwy.)
•3 Building Department Violations
•0 New Court Cases Opened*
•17 Court Proceedings Remain Open*
•0 Court Proceedings Closed*(Due to COVID-19 Court Closures, Latest Numbers are Unavailable)
Interesting Occurrences: During this month, we continued to receive many calls regarding individuals and larger groups trespassing on residents’ properties in many locations within the Town. We are still receiving many new, as well as ongoing complaints regarding garbage being dumped on their properties and on local roads. We are still receiving greater numbers of neighbor to neighbor complaints, and have been able to defuse these situations successfully and without incident. Fireworks being launched over residents’ homes continue to be an ongoing issue. Traffic Patrols along Rt. 44/55 in the Town continue adjacent to Minnewaska Park. During the times this month that we were out, traffic flow was kept moving and the road remained usable without significant delays. We responded to several disabled motorists, many in very dangerous roadside locations. They were all on their way or towed to repair shops without injury nor incident. Several Town residents and many non-residents stopped to thank us for our efforts. Due to the COVID-19 pandemic, we continue to have limited direct contact with complainants. However, conversations with complainants by phone have increased dramatically this month. Several new residents inquired regarding our ability to check on their homes when they are away
RESOLUTIONS:
ACTION ON MINUTES:
RESOLUTION #173 -2020:
A Motion was made by Councilwoman Enouen to accept the minutes of the July 6, 2020 Regular Meeting, the July 15, 2020 Special Meeting, and the July 30, 2020 Audit/Workshop Meeting as amended.
Second: Councilwoman Haugen-Depuy
ROLL CALL :
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0, motion carried
CHANGE OF MEETING DATE:
RESOLUTION #174 -2020:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board sets new date for the September regular Town Board business meeting date to be held Tuesday September 1, 2020 at 6:30pm. The location and format of the meeting are subject to the governor’s executive order 202.1 suspending certain provisions of the Open Meetings Law. The Town Clerk is requested to post notice.
Second: Councilman Paddock
ROLL CALL :
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0, motion carried
APPOINTMENT OF TEMPORARY CLERK:
RESOLUTION #175 -2020:
A Motion was made by Supervisor Baden that the Town Board appoints Kareen Donahue to the position of Temporary Clerk (PT) for the period of August 17, 2020 through September 19, 2020, to be compensated at $17.00 not to exceed 125 hours total for the duration or 30 hours per any specific week. The position to be managed by the Town Supervisor as to exact hours and duties assigned. The employee will work in the Supervisor’s Office for training purposes.
Second: Councilwoman Haugen-Depuy
Discussion: Councilwoman Haugen-Depuy stated she had the privilege to work with Ms. Donahue in the Town of Wawarsing, she’s a wonderful lady, with great experience.
Supervisor Baden stated that she had municipal and bookkeeping experience.
APPOINTMENT OF LABORER:
RESOLUTION # 176-2020:
A Motion was made by Supervisor Baden to appoint Robert Gerdes Jr. position of Laborer commencing 8/9/2020 at a rate of $ 12.00 per hour not to exceed 32 hours a week.
Second: Councilman Hewitt
Discussion: Councilwoman Haugen-Depuy would like to have reviewed his resume prior to the appointment. It is difficult to vote for someone that we know nothing about.
ROLL CALL :
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0, motion carried
ACCEPTANCE OF GIFT:
RESOLUTION # 177-2020:
A Motion was made by Councilman Hewitt to accept a donation in the amount of $ 500.00 from Zorian Pinksy to be placed in General Fund.
Second: Councilwoman Haugen-Depuy
ROLL CALL :
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0, motion carried
BUILDING CONDITIONS SURVEY REQUEST FOR PROPOSAL:
RESOLUTION # 178-2020:
A Motion was made by Supervisor Baden that the Town Board approves release of the 2020 Building Conditions Survey RFP and authorizes the Town Supervisor and the Town Clerk to circulate the RFP
Second: Councilman Paddock
ROLL CALL :
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0, motion carried
RECORDS RETENTION POLICY:
RESOLUTION #179-2020:
A Motion was made by Councilman Paddock and Second by Councilwoman Enouen that;
RESOLVED, By the Town Board of the Town of Rochester that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal
minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.
FURTHER RESOLVED, that in accordance with Article 57-A:
(a) only those records will be disposed of that are described in Retention
and Disposition Schedule for New York Local Government Records (LGS-1), after they have met
the minimum retention periods described therein;
(b) only those records will be disposed of that do not have sufficient
administrative, fiscal, legal, or historical value to merit retention beyond established legal
minimum periods.
ROLL CALL :
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0, motion carried
ADOPT THE NATURAL HERITAGE PLAN ( NHP) CONSERVATION AREA MAP AND INVENTORY OF LANDS AS THE TOWN OF ROCHESTER OPEN SPACE INDEX:
RECOMMENDED RESOLUTION:
WHEREAS the Town of Rochester Environmental Conservation Commission has prepared and presented to the Town Board a Conservation Area Map (Map) and a Conservation Open Areas Inventory (Inventory), and
WHEREAS the New York State General Municipal Law 239-y authorizes the Town Board
to accept and approve such Map and Inventory as the official Town Open Space Index, and
WHEREAS this Map and Inventory are supported by the Town Open Space and Natural
Heritage Plan completed in 2017, therefore be it,
RESOLVED that the Conservation Area Map (Map) and a Conservation Open Areas
Inventory (Inventory) are accepted and approved by the Town Board as the official Town
Open Space Index.
Discussion:
Supervisor Baden stated this was one of the recommendations from the task force. This creates an open space index.
The Board decided to the table the discussion until more information can be gathered.
AMENDMENT TO THE TOWN OF ROCHESTER COMPREHENSIVE PLAN:
RESOLUTION #180 -2020:
A Motion was made by Councilman Hewitt and Second by Supervisor Baden that;
WHEREAS, the Town of Rochester convened the Comprehensive Plan and Land Use Code Review Committee on February 6, 2020
WHEREAS, the committee has met and made written recommendation to the Town Board.
WHEREAS, the Town Board desires to amend the Comprehensive Plan appendices as follows:
1. to include the Open Space Plan (2015) in its entirety
2. to include the Historic Resources Report (2008) in its entirety
3. to include the Natural Heritage Plan (NHP) pages 1 – 33
4. to include the Natural Heritage Plan (NHP) Appendix A: Conservation Open Area & Critical Environmental Areas Maps (pages 62 – 71)
5. to include the Natural Heritage Plan (NHP) Appendix B: Catskill Shawangunk Greenway Corridor (CSGC) Symposium Summary Report (pages 72 -76)
6. to include the Natural Heritage Plan (NHP) table of figures and details on working groups (pages 77 – 82)
THEREFORE, pursuant to NYS Town Law, Article 16, Section 272-A, the Town Board directs the Town Supervisor and the Town Clerk cause for referral to the Ulster County Planning Board, the Town of Rochester Planning Board, and NYS Ag & Markets, State Historic Preservation office, Town of Rochester ECC, and Town of Rochester Historic Preservation Commission for request of comments
DISCUSSION / BOARD MEMBER TIME:
Field Hockey Clinic:
Supervisor Baden stated that there was a request for the use of the Town park to hold a field hockey clinic. A plan for social distancing was emailed to the Board and requested to have the clinic placed under the Town’s insurance and /or have the Recreation Dept sponsor the event. The Board agreed that we didn’t run our own summer program and didn’t feel comfortable to host this clinic. If the group would like to continue with the clinic they would have to submit a certificate of insurance naming the Town of Rochester as co-insured.
Employee Pay Scale:
Councilwoman Enouen asked how we can go about assessing the employee pay scale in comparison to job titles.
Supervisor Baden stated that he can check with Michael Richardson who can put this together. It may be a good idea to do prior to the budget.
Councilman Hewitt stated this was good with getting salaries closer to the $15.00 hour minimum wage.
Post- Storm:
Councilwoman Haugen-Depuy stated that this storm was under estimated and the Board was un-informed. It is the Boards responsibility to reassure the residents, and the Board needs to be more proactive in the future. There needs to be additional outlets for people to find information rather than facebook, whether it is the Town Board reaching out to residents, having a meeting with the Emergency Management coordinator, creating a list of those that need us to reach out to them, locating dry-ice, we need to be more hands on with the people.
Supervisor Baden: stated there wasn’t a lot of information to give or update. He did return calls to those that reached out.
ADJOURNMENT IN MEMORY OF :
A Motion was made by Councilwoman Enouen and Second by Councilman Hewitt to adjourn the meeting at 9:26pm in memory of
• Congressman John Lewis
• Melissa “Missy” Chipman
• Edward Bober
• Alfred Richard “Dick” Terwilliger
• Raffaele Di Santo
• Roger Osterhoudt
• All suffering worldwide from the COVID-19 virus
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK