The December 6, 2018 Regular Town Board Meeting was held at 7:00pm at the Town of Rochester Town Hall.
PRESENT:
Councilman Drabkin Councilwoman Haugen-Depuy Councilman Hewitt Supervisor Baden Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilwoman Fornino
Supervisor Baden opened the meeting and led in the Pledge of Allegiance to the Flag.
MOMENT OF SILENCE:
A moment of silence was held in memory of former President George Bush.
MOVING THE PUBLIC COMMENT PERIOD:
A Motion was made by Councilman Drabkin to move the Public Comment Period to the end of the meeting.
Second: Councilwoman Haugen-Depuy
Aye: 2 ( Drabkin, Haugen-Depuy) nay: 2( Hewitt, Baden) 2-2, motion not carried
Fornino Absent
APPROVAL OF MINUTES:
Resolution # 371 -2018:
A Motion was made by Councilwoman Haugen-Depuy to approve the following;
10/30/2018 AUDIT/ WORKSHOP MEETING 10-2018
11/01/2018 PUBLIC HEARING ON PROPOSED BUDGET
11/01/2018 PUBLIC HEARING ON PROPOSED LOCAL LAW: TAX OVERRIDE
11/01/2018 REGULAR TOWN BOARD MEETING
11/13/2018 SPECIAL MEETING-ADOPTION OF 2019 BUDGET
11/29/2018 AUDIT/ WORKSHOP MEETING 11-2018
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
SUPERVISOR’S UPDATE: filed with the Town Clerk
LIAISON REPORTS:
Councilwoman Haugen-Depuy: ZBA/Planning Board: for the month of November Planning Board fees: $ 200.00 other misc. planning fees: $ 187.00 for a year to date: Planning Board fees: $ 5425.00 and other misc. $ 877.12.
Building Department: for the month November: Building permits: $ 10,037.70, C/o: $ 2350.00, for a year to date: $ 125,181.89 in building permit fees and total of $ 140,254.89.
Supervisor Baden: Youth Commission: the Children’s Party will be held on 12/14/18 from
5-7pm. 5pm Friends of Historic Rochester will be doing a tree lighting ceremony in Memory of Veronica Sommer, retired Town Clerk. The Children will ride over to the FRIENDS museum on the hay wagon and Santa and Mrs. Claus will be making their appearance on the Fire Truck to see the tree lighting.
Senior Brunch: 12/14 from 10:30-12pm. ( snow date: 12/15/18) The Mary Lee friend of Youth award will be presented at the senior brunch.
1/19 trip to Crossgates Mall $ 10.00 per person.
SUPERVISOR’S UPDATE:
The Town of Rochester received the sales tax check from Ulster County in the amount of
$ 45,644.98.
NYSERDA: The Community Solar Project located at 6140 Route 209 in the Town of Rochester is participating in the Solar for all program, a new NYSERDA initiative that provides no-cost community solar subscriptions to eligible low-income New Yorkers. NYSERDA congratulated the Town of Rochester for hosting a community solar project that is providing is providing the opportunity for all New Yorkers to access the benefits of solar energy.
Ulster County IDA: a public hearing is set for 12/17/18 at the Town of Rochester Community Center regarding an application formerly known as the Rondout Golf Course. The purpose of the meeting is to decide whether or not to enter into a PILOT agreement.
PRESENTATIONS:
RONDOUT VALLEY CENTRAL SCHOOL DISTRICT:
Superintendent of RVCSD was going to give a presentation but was unable to attend because of the middle school Christmas concert.
LYNN ARCHER ULSTER COUNTY LEGISLATOR, COUNTY UPDATE:
Legislator Archer gave a brief overview of what is taking place at the County level. Some topics discussed were;
– On the County Level increased the legal age to 21 to purchase tobacco.
– Reusable plastic bags will take effect 7/1/19.
– Building a better Ulster County project: working on infrastructure in the Ulster County roads, bridges and culverts. The Town of Rochester had improvements to Lucas Ave. expanding the shoulder of the Road. The County is spending 70 million in the next 5 years.
– Rail Trail: work being done to the trails.
– IDA Board welcomes Town of Rochester Resident Rick Jones.
– Working on a better budget process for the County
– The 2019 Budget has a decrease of .2 %.
– City of Kingston busing and UCAT are combining
PUBLIC COMMENT PERIOD:
3 Residents spoke regarding the 12/11/2018 school vote for revamping of all Rondout Valley Central School District buildings and grounds.
Rick Jones co-chair to the Planning Board asked the Board to please review the proposed modifications amending Chapter 140-37 Solar Code.
Jamie Roxby stated,“ at the November 1, 2018 meeting a resident spoke regarding the dangerous manor of the Constabulary driving down Elizabeth Street on Halloween. Mr. Miller claims he was at a medical call but I have a sworn testimony from 2 EMT’s that were on the scene that claim the constable was not there, I would like this put on the record.”
On the evening of October 31, 2018 Accord Rescue responded to a call on Elizabeth Street in Kerhonkson. During the November 1st Town Board meeting, a citizen reported the dangerous manor in which the constable Richard Miller was driving down this road. Richard Miller in turn shook his head as though he did not know anything about this incident. Post meeting he stated to the members of the Board, that he was responding to the EMT call on Elizabeth St. Upon speaking to a couple of the members who responded, it was found out that in fact Richard Miller did not attend this call.
Signed by Jose Santiago and David Avery
Len Bernardo stated in regards to the contaminated fill on Van Tine Road he urges the Town Board to offer free bottled water to the residents on the Road and pay for the water samples.
Michael Malarczyk, “request that the insurance with the constable be reviewed, or Town may want to look at a new attorney because this isn’t right.The constables Insurance covers him and the Town is left with the liability. It’s not right and why do we have insurance for Brinewood gun club? Do we own it? If so how do you join?”
DISCUSSION:
GENERAL CODE RECODIFICATION PROPOSAL:
The Board reviewed the proposal from general code for codification services. Supervisor Baden asked the Board to review the proposal and any questions they can submit in writing and Supervisor Baden will get in touch with the Codification account manager.
EMERGENCY SAND FOR RESIDENTS POLICY:
Supervisor Baden asked the Board what they would like to do regarding the supply of sand to residents:
Councilman Drabkin stated that store sell the salt and sand and thinks It is time to end the policy.
Councilwoman Haugen-Depuy asked if the Board only offered it during Highway office hours.
Highway Superintendent Spano’s recommendation was to end it all together. There is no monitoring of the sand it is an endless process with no oversight. If the tax payer needs the sand they should get it from the store.
Councilwoman Haugen-Depuy stated that we should take away something that was done.
A Motion was made by Councilwoman Haugen-Depuy to limit the sand to 2 yards per storm to be used for emergency use only and by the taxpayers of the Town, no companies.
Second: Councilman Hewitt
Attorney Christiana stated they need to be more specific.
Councilwoman Haugen-Depuy and Councilman Hewitt withdrew their motion.
EMERGENCY SAND FOR TOWN OF ROCHESTER RESIDENTS POLICY:
Resolution # 372-2018:
A Motion was made by Councilwoman Haugen-Depuy that the Town of Rochester Highway Department will provide 2 yards of sand per snow and or ice storm to be used by Town Residents with a limit of one, five gallon pail per storm per property.
Second: Councilman Hewitt
Aye: 3 nay: 0 abstain:1 Drabkin motion carried
Fornino Absent
Councilman Drabkin stated that this will be too difficult to manage.
COURTHOUSE ANNEX RECONSTRUCTION QUOTE:
Resolution # 373-2018:
A Motionwas made by Councilman Drabkin to accept letter releasing DG contracting from completing construction at the Courthouse annex located on Samsonville Road.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
ROMAN BIBLE CHURCH REQUEST TO USE TABLE AND CHAIRS:
Resolution # 374-2018:
A Motion was made by Councilman Hewitt to approve the request for the Roman Bible Church to use Town owned table and chairs providing that they give certificate of insurance to the Town of Rochester and they are financially responsible for damage to any table or chairs. Pick-up can be made on Friday 12/21 after 5:30pm and can be returned 12/26/18.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
BUDGET AMENDMENT – GENERAL FUND:
Resolution #375 -2018:
A Motionwas made by Councilwoman Haugen-Depuy for the Town Board to approve the following General Fund budget amendments,
1355.4 Assessor CE $ + 200 New Budgeted $ 4035
1620.1 Buildings PS $ + 8,700 New Budgeted $ 53,836
3097.4 Public Safety CE $ + 1,250 New Budgeted $ 3,750
9060.8 Medical Insurance $ -10,150 New Budgeted $ 196,939
Second: Councilman Drabkin
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
ACCEPTING A DONATION:
Resolution # 376 -2018:
A Motionwas made by Councilman Hewitt that the Town Board accept a donation of $300 from the Rochester Residents Association and thanks Gary and Donna Palmer, Harold Lipton, and the Rochester Seniors for the donation of turkeys for the Thanksgiving CommunityLuncheon
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
RENEWAL OF ACCORD SPEEDWAY RACING PERMIT: AMENDMENT TO RESOLUTION # 358-2018:
Resolution # 377 -2018:
A Motionwas made by Councilwoman Hewitt that the Town Board of Rochester amends Resolution #358-2018, adopted Nov. 1, 2018, authorizing the racing permit renewal to Accord Speedway, Inc., pursuant to Town of Rochester Code §107-4C and all other conditions as specified in Town of Rochester Code §107, as follows.
Amendment to replace the statement in resolution #358-2018.
“The Town Board further accepts the racing schedule received by the Town Clerk November1, 2018 as presented for actual racing dates. Dates listed as rain dates may be utilized only to replace a rained out approved event date. In no event shall actual racing dates exceed 40 dates”
All other statements of Resolution #358-2018 remain as adopted on Nov. 1, 2018.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
SETTING A PUBLIC HEARING FOR LOCAL LAW # 8-2018: AMENDING CHAPTER 53 ANIMALS, OF THE CODE OF THE TOWN OF ROCHESTER:
Resolution # 378-2018:
A Motion was made by Councilwoman Haugen-Depuy to schedule a public hearing for Local Law # 8-2018: Amendment of Chapter 53, Animals, of the Code of the Town of Rochester for 12/27/2018 at 7pm or immediately following the 6pm Audit meeting whichever is later at the Town of Rochester Town Hall, 50 Scenic Road/PO Box 65, Accord, NY. The Town Clerk is directed to post and distribute notice of the public hearing.
Second: Councilman Drabkin
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
LETTER OF SUPPORT AND REQUEST TO ULSTER COUNTY FOR NAMING OF THE ALLIGERVILLE BRIDGE:
Resolution # 379 -2018:
A Motion was made by Councilman Drabkin
Whereas; Arthur D. Lapp, Sr., age 85, of High Falls, died peacefully at home on Oct. 18, 2018, and
Whereas; Fire service was his passion, giving 65 years of service through teaching courses, being a chief of the Accord Fire District for several years and serving on the Fire Advisory Board and Ulster County Volunteer Fireman’s Association as a director and holding numerous other positions in the Accord Fire District, and
Whereas, Beyond the fire service Arthur’s passions including fishing, trapping and hunting with his children and their spouses. He also had a love of farming having owned cows, pigs, and chickens on his homestead in High Falls, N.Y. One of his specialties was diving for water or “water witching” to locate water for wells. He used cherry branches to locate the water. He was an awesome neighbor and mentor to the younger generation, and
Whereas, Arthur D. Lapp Sr. is survived by his wife, Peggy, of 59 years of marriage and three children: Rose Ann (Eddie) Roberts of High Falls, N.Y.; Arthur (Cindy) Lapp, of Hurley, N.Y.; and Frank (Tammy) Lapp of Crossville, Tenn. He is also survived by his siblings, Charles B. Lapp (Carol) of North Carolina; Marian Thies of Virginia; Ronald Lapp (Lorraine) of High Falls, N.Y.; and Harriet McKay of Florida, and
Whereas; The Town of Rochester Town Board desires to honor Mr. Lapp for his years of service to the community and Ulster County, and
Whereas; The Town of Rochester Town Board believes it fitting to honor Mr. Lapp with the naming of the Alligerville Bridge, located on County Route 6 in the historic hamlet of Alligerville, Town of Rochester, next to the Alligerville Firehouse, Accord Fire District, and
Whereas, The Alligerville Bridge is an Ulster County maintained bridge, and
Therefore; Requests the Town Supervisor and Town Clerk send a certified copy of this resolution to Ulster County Executive, Michael Hein, Ulster County Planning Director, Dennis Doyle, Ulster County Department of Public Works Commissioner, Thomas Jackson, Ulster County Legislature Chairman, Kenneth Ronk, and District 21 Ulster County Legislator Lynn Archer.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
AUTHORIZING THE SUPERVISOR TO SEND A PRESS RELEASE CALLING RESIDENT APPLICATIONS TO FILL BOARDS AND COMMISSIONS VACANCIES:
Resolution# 380 -2018:
A Motionwas made by Councilman Drabkin authorizing the Town Supervisor to send a press release calling for resident applications to fill vacancies on various Boards and Commissions for the Town of Rochester.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
ASSESSOR APPOINTMENT AND CONTRACT:
At the request of Town Assessor Michael Dunham he asked for the Town Board to approve his re-appointmentto the position of Sole Assessor for the Town of Rochester for the period of October 1, 2019 – September 30, 2025 and authorizes the Supervisor to sign a letter of agreement, as presented, as amended.
The topic was tabled until Supervisor Baden could get clarification from Michael Dunham on why the appointment was being made so early.
2019 TRANSFER STATION FEES:
Resolution # 381 -2018:
A Motion was made by Councilman Hewitt to establish the 2019 Transfer Station Fees as follows, effective Jan. 1, 2019
Permit Fee
Resident $35 (w/ proof of residency)
Senior 65+ $20
First Responder/volunteer $20 (w/ proof of membership)
(KAFAS, Kerhonkson Fire, and Accord Fire)
Household Waste (MSW, Municipal solid waste)
Large bag 30 gallon or greater $4.00 per bag
Small bag less than 30 gallon $2.00 per bag
Residential Bulk Construction and Debris or Household Waste*
$0.12 per lb./ $240 per tonas weighed by the Transfer Station scale
*Commercial C&D is no longer able to be accepted at the Town of Rochester Transfer Station, due to changes in UCRRA policy and NYSDEC regulations.
Commercial C&D may be disposed of at the Ulster County Resource Recovery Agency facilities in the Town of Ulster or New Paltz.
Second: Councilman Drabkin
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
AUTHORIZING THE HIGHWAY SUPERINTENDENT TO ORDER A 2019 INTERNATIONAL TRUCK WITH SANDER BODY AND PLOW:
Resolution # 382-2018:
A Motion was made by Councilman Drabkin authorizing the Town of Rochester Highway Superintendent to execute a contract with Ben Funk Incorporated, located at 3609 Route 9, Hudson, NY 12534, for the expenditure of $110,909.00 for one 2019 International HV507 SFA 4X2. Ben Funk Inc, currently holds the Onondaga Bid.
The total for a fully equipped 2019 International HV507 SFA 4X2 is $110,909.00 to be expended from the 2019 Highway Fund budgeted appropriations, DA5130.211, Machinery, Equipment, Truck w/ Plow and Sander upon delivery of the vehicle.
Second: Councilwoman Haugen-Depuy
Discussion: Supervisor Baden stated this will be paid in full by CHIPS.
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
Councilman Drabkin stated that the request for quotes for both the IT consultant and Records Management consultant don’t require a resolution. This is covered by resolution authorizing the Supervisor to conduct day to day town business at the Organizational Meeting.
REQUEST FOR QUOTES- INFORMATION TECHNOLOGY (IT) CONSULTANT:
Supervisor Baden stated he will circulate a Request for Quotes for the acquisition of a professional services consultant, firm, or company to serve as the Town of Rochester IT Consultant. Such quote is to be received by end of business day January 8, 2019 in electronic format. The specifications are as presented. The quotes are for informational purposes and are in no way binding on the Town of Rochester.
REQUEST FOR QUOTES-RECORDS MANAGEMENT CONSULTANT FOR LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND: ( LGRMIF GRANT):
Supervisor Baden stated he will circulate a Request for Quotes for the acquisition of a professional services consultant, firm, or company to perform services for the Town to conduct a files management project for the Building Dept., Code Enforcement Office, Planning Board, and Zoning Board of Appeals records to be received by end of business day January 8, 2019. Such quote is to be received by end of business day January 8, 2019 in electronic format. The specifications are as presented. This is in conjunction with the Town of Rochester applying for a Local Government Records Management Improvement Fund (LGRMIF) Grant. The quotes are for informational purposes and are in no way binding on the Town of Rochester.
BORREGO SOLAR- DECOMMISSIONING BOND:
Resolution # 383 -2018:
A Motion was made by Councilman Drabkinto accept the form of Decommissioning Bond from Off Airport Road West/Argonaut Insurance Company,as presented with an amendment to delete any reference to Planning Board documentation from November 8, 2018, with regard to the Off Airport Road Solar Project.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
BORREGO SOLAR- LANDSCAPING BOND:
Resolution # 384-2018:
A Motion was made by Councilwoman Haugen-Depuy Motion to accept the form of Landscaping Maintenance Bond from Off Airport Road West/Argonaut Insurance Company, as presented with an amendment to delete any reference to Planning Board documentation from November 8, 2018, in relation to the Off Airport Road Solar Project.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
RECREATION AIDE APPOINTMENTS:
Resolution # 385-2018:
A Motion was made by Councilman Drabkin to appoint Kaitlyn Hoar and Hunter Lee Bender to the open vacancies and shall be compensated at Recreation aid rate.
Second: Councilman Hewitt.
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
BOARD MEMBER TIME:
Councilwoman Haugen-Depuy stated the Constabulary received a plaque from Donna and Gary Palmer thanking the Constabulary for their support during the first responder’s night.
EXECUTIVE SESSION:
A Motion was made by Councilwoman Haugen-Depuy to enter into executive session at 8:30pm with the Town Attorney to discuss the actions related to a specific employee’s performance.
Second: Councilman Drabkin
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
A Motion was made by Councilman Drabkin to reconvene the meeting at 8:45pm stating no action taken nor monies expended.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
ADJOURNMENT:
A Motionwas made by Councilman Drabkin to adjourn the meeting at 8:45pm.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino Absent
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK