The Regular Town Board Meeting was held on December 5, 2019 at 6:30pm at the Town of Rochester Town Hall.
PRESENT:
Councilwoman Cindy Fornino Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Supervisor Michael Baden
Town Clerk Kathleen Gundberg Attorney Marylou Christiana

ABSENT:
Councilman Brian Drabkin
MOMENT OF SILENCE:
A Moment of silence was held for Susan Mitchell former Deputy Town Clerk and Social Services officer for the Town of Rochester.
MEETING CALENDAR:

Dec. 9 Planning Board Regular Meeting Harold Lipton Community Ctr 7pm
Dec. 12 Environmental Conservation Commission Town Hall 6:30pm
Dec. 13 Holiday Brunch Harold Lipton Community Ctr 10:30am
Dec. 13 Youth Holiday Party Harold Lipton Community Ctr 5:00pm
Dec. 16 Historic Preservation Commission Town Hall 2:00pm
Dec. 18 Youth Commission Harold Lipton Community Ctr 9:30am
Dec. 18 Ulster County Legislature County Office Bldg., Kingston 7:00pm
Dec. 19 ECC 3rd Thursday Nature Series Town Hall 6:30pm
Dec. 19 Zoning Board of Appeals Harold Lipton Community Ctr 7:00pm
Dec. 24 Town Offices + Transfer Station Close @ 2:30pm
Dec. 25 Town Offices Closed – Christmas
Dec. 30 Planning Board Workshop Harold Lipton Community Ctr 6:30pm
Dec. 30 (MON) Town Board Audit/Workshop Meeting Town Hall 6:00pm
Dec. 31 Town Offices + Transfer Station Close @ 2:30pm
Jan. 1 Town Offices Closed – New Years Day
Jan. 2 Town Board Organizational/Regular Meeting Town Hall 6:30pm
SUPERVISOR’S REPORT: Nov. 2019 – Filed with the Town Clerk

ATTORNEY FOR THE TOWN UPDATE:
The deed to Creek Road is now in the Town’s name we will be doing a resolution later in the meeting to give the land to the Alligerville Firehouse.
SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:
Supervisor Baden gave a big Thank you to Tony, Jeff and the Highway crew for an excellent job with this past storm. Thank you all for all you do, a lot of compliments were received stating our roads were better than County and State Roads.
DEC- closed out the oil tank leak at the Community Center.
Route 209 & Airport Rd mines are closed out with the DEC classified as reclaimed.
Speed limit requests for both Cherrytown Rd and Lucas Turnpike we denied.
Dog Control Inspection passed with flying colors all reports came back satisfactory.
Sales tax check for the months of July-September was received in the amount of $ 50,755.73
DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilwoman Fornino: reservations are required for both the holiday brunch and Children’s party 12/13/19 will have Santa with gifts!
Supervisor Baden gave a big thank you to the Recreation Department, Kate Gundberg, Rich Miller and his Mom for all of their help with the Thanksgiving luncheon. We served our 100 people and delivered meals the day before Thanksgiving.
Councilwoman Haugen-Depuy: The Building Dept.: building permit fees: $ 5377.90 C/O: $ 1,840.00 for a total of the month of November $ 7,217.90 for a year to date: $ 96,234.04.
HIGHWAY SUPT. REPORT: nothing to report

CHIEF CONSTABLE REPORT:
As requested the following is a report on the Building and Zoning Violation Detail. Over the Month of November, we were able to provide coverage on a semi-regular basis due to scheduling difficulties which include an overall shortage of personnel. That being said, we were able to identify and make a list of 3 additional properties that need to be visited to address possible violations evident from the roadway. No additional time was expended. As is usual, we have taken additional complaints and information from Town residents alerting us to specific properties and possible violations.
In addition to the attached Court Security schedule the Constabulary answered 29 direct calls for service and other duties in November of 2019. These included:•12 Neighbor to Neighbor and Quality of Life Complaints Issues •2 Resident Traffic Complaints (Old King’s Hwy and Krum Rd.) •4 Environmental Complaints, (Van Tine Rd., Queens Hwy., and Lwr. Granite Rd.,Tobacco Rd.)•4 Building Department Violations•20 New Court Cases Opened•22 Court Proceedings Remain Open•18 Court Proceedings Closed Interesting Occurrences: During the month, we received several calls from concerned residents regarding the dumping of garbage on or around their properties. A concerned resident called regarding a property with a number of junk cars. A Towpath Rd. resident called in regards to ATVs traversing her property and riding on the public roadway. Several residents called to express their gratitude for our assistance in the past month.
Illegal Dumping on Vantine Road:
Chief Miller stated the 4 drivers involved with the illegal dumping were fined$ 1,575 by the Court. There are still 2052 counts pending from our Court.
We are working on enhancing the eldercare program. Some suggested the office of the aging and SSIP (settled and serving in place) out of Ulster County.
PUBLIC COMMENT PERIOD:
Carol Fisher: asked for clarification on the procedure for needing a constable.
Bill Barringer: asked why the Board makes the Speedway apply for a permit every year. We don’t make any other businesses do the same. We should extend it or do away with it.
Supervisor Baden stated that it is the law and the owners of the race track never complain about the process. We review the schedule and make sure he has the proper insurance.
Meg Smith: There was a dumping in the Town recently that was brought to the attention of the building department, it was called into the DEC by several people. It was obvious and went on for a while and the guy burned it. And that really upsets me, because what I am aware of is code violation comes in 3 forms: by an official, violation, and a complaint. The issue with code violations is that there is no form, no accountability and when someone makes a complaint there is often retalization in this Town towards people who report things. Many are very well aware of this. It was toxic it was burned and he got away with it. I don’t know how to report these things and I’ve tried.
Supervisor Baden stated we do not have a form but anyone can make a written violation complaint and our building department requires it to be in writing. It can also be made to the Constable or the DEC.
Meg Smith: we have a problem here and we need to fix this. A form and accountability a record and a way to follow this, this is standard there was a state wide audit recently there is one way to get this right it is paper and dates and recording and records and records. It’s not about driving around making observations.
Supervisor Baden: it is recorded in the building department, maybe not in the format that you would like. Anytime a violation is made the secretary keeps a log it’s not just dismissed.
Meg Smith: I believe that is your opinion.
DISCUSSION:

Barracuda swim team request:
In the past the Town of Rochester gave a stipend in the amount of $ 1,000.00 to the Kerhonkson Youth Commission this was removed this past year because the Board was unable to figure out who the Kerhonkson Youth Commission was, come to find out it is the Barracuda Swim team.
Beverly Quick Treasurer for the Barracuda Swim team sent a letter in November to the Town Board requesting funding like what was done in the past to help with awards, ribbons & trophies.

Cell Tower lease:
The Board discussed the cell tower lease on Airport Rd. The current owner would like to extend the lease 40 more years. The Board agreed to wait on this for the moment.

RESOLUTIONS:

ACTIONS ON THE MINUTES:
Resolution #268 -2019:

A Motion was made by Councilwoman Fornino accepting the minutes of the meetings listed;
Nov. 7, 2019 Regular Meeting
Nov. 14, 2019 Special Meeting
Nov. 26, 2019 Audit/Budget Workshop Meeting
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
Supervisor Baden thanked Deputy Town Clerk Christina Ferrara for a job well done with the minutes.

2019 BUDGET MODIFICATIONS:
Resolution # 269 -2019:
A Motion was made by Councilman Hewitt authorizing modification of the 2019 General Fund and Highway Fund budgets, as presented by the Town Supervisor.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
ACCEPTANCE OF DONATIONS:
Resolution # 270-2019:

A Motion was made by Councilwoman Fornino authorizing the Town Supervisor to accept donations toward the Thanksgiving Luncheon in the amount of $544 from the following groups and individuals; Rochester Residents Association-$250, Rochester Seniors-$25, Jim Ayers-$20, Kerhonkson/Accord Jewish Seniors-$60, Alan & Arlene Levine-$75, Evelyn VanKleek-$10, cash from various people-$104, and turkeys from Gary & Donna Palmer.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
TRAINING OF NEW ELECTED OFFICIALS:
Resolution # 271-2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board authorizes the Town Supervisor to make expenditure to the Association of Towns for the Newly Elected Officials Training School to be held in Albany in January.
Second: Councilwoman Fornino
Aye: 3 nay: 0 abstain: 0 motion carried
Drabkin absent
Hewitt left
PREPAYMENT OF 2020 RETIREMENT BILLING:
Resolution # 272-2019:

A Motion was made by Council woman Haugen-Depuy that the Town Board authorizes the Town Supervisor to make expenditure to the New York State Retirement Fund for the prepayment of the 2020 town employee retirement billing.
Second: Councilwoman Fornino
Aye: 3 nay: 0 abstain: 0 motion carried
Drabkin absent
Hewitt left
SCHEDULING THE 2020 ORGANIZATIONAL MEETING:
Resolution # 273-2019:

A Motion was made by Councilwoman Haugen-Depuy establishing the date and time for the 2020 Town of Rochester Organizational meeting as Thursday January 2, 2020 at 6:30pm at the Town of Rochester Town Hall, 50 Scenic Road, Accord, NY 12404 and requests the Town Clerk to circulate notice. The Town of Rochester Regular monthly meeting will immediately follow at the conclusion of the Organizational Meeting.
Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent

FILLING OF BOARDS & COMMISSIONS VACANCIES:
Resolution #274 -2019:

A Motion was made by Councilwoman Haugen-Depuy the Town Board requests the Town Clerk advertise the following vacancies on volunteer Town boards and commissions:
Planning Board (1 member, 1 alternate member), Zoning Board of Appeals (2 members), Historic Preservation Commission (8 members), Environmental Conservation Commission (4 members), Youth Commission (2 members), Ethics Board (1 member), Board of Assessment Review (1 member), Trails Committee (2 members) with applications due on or before end of day Thurs. Jan. 23, 2019. Applications shall consist of a letter of interest for the position including either a resume or experience and qualifications statement. The Supervisor will contact those members whose terms have expired to request letters of interest for reappointment. Interviews to be scheduled Jan. 30, 2018 during the audit/workshop meeting to be held at Town of Rochester Town Hall at 6:00pm. Any current member seeking reappointment has the opportunity to be interviewed, but it will not be required.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
RENEWAL OF RACING PERMIT
Resolution # 275-2019:

A Motion was made by Councilwoman Fornino The Town Board of Rochester authorizes 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.
Such permit is authorized only contingent upon presentation of the following proofs to the Town prior to commencement of the 2020 racing schedule.
1. Each year an Ulster County Health Department permit shall be required for all food concessions on the racetrack premises as a condition precedent to obtaining a permit from the town to operate said racetrack.
2. The applicant shall provide proof of compliance with Ulster County Health Department regulations as they pertain to lavatories and septic facilities as a condition precedent to obtaining a permit from the town to operate said racetrack.
3. Liability insurance. The permittee shall at all times maintain in full force and effect a public liability insurance policy in amounts not less than $1,000,000 for damages in which one person is killed or injured per occurrence and not less than $2,000,000 for damages in which more than one person is killed or injured per occurrence. A certificate of insurance naming the Town of Rochester as an additional insured must be filed with the Town Clerk at least five days prior to the first date of racetrack usage specified in the permit. Said certificate shall bear the, name of the insurance company, the policy number, the term of the policy, the above-specified amounts and the name and address of the permittee’s insurance agent.
4. The permit holder shall deposit with the Town Clerk $1000 for the Town Code Enforcement Officer’s use in hiring an independent sound expert to perform sound measurements and issue report(s) to the Town Board and the Code Enforcement Officer with respect to the permit holder’s compliance with the noise requirements of this chapter. This amount is for one testing. Should additional testing be determined to be warranted for said measurements; which may be taken two times during the racing season at the sole expense of the permit holder; an additional $1000 shall be required at such time. Additional measurements above two obtained by the town during the racing season shall be at the sole expense of the town.
5. The Town Board grants the Supervisor the authority to review and certify these conditions have been complied with without further resolution

The Town Board further accepts the racing schedule as presented for 31 actual racing dates and 16 potential rain dates. Dates listed as rain dates may be utilized only to replace a rained out approved event date.
The Town Board further states, upon verification with the Code Enforcement Officer, there are no outstanding notices of violation issued by the Town and required sound testing for 2019 occurred on Aug. 9, 2019.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
ESTABLISH POLICY FOR LAND USE APPLICATION REVIEW FEES:
Resolution # 276-2019:

A Motion was made by Supervisor Baden;
Whereas, the Town Board recognizes the expenditure of town funds for Town of Rochester land use application reviews has risen in the past several years due to unique applications requiring considerable study and review; and
Whereas, these expenditures are no longer being substantially covered by application fees and the Town Board believes the cost of these expenditures is no longer sustainable being made solely from the general fund account; and
Whereas, the Town Board recognizes and believes increasing application fees to meet these expenditures is not the preferred solution as all applications are unique and do not require similar review; and
Whereas, the Zoning Code of the Town of Rochester, § 140-63(B)(1) Professional fees, expenses and escrow requirements, empowers the Town Board, the Planning Board, the Zoning Board of Appeals and the Building Department to charge an applicant the reasonable and necessary expenses incurred for public hearing notices and for professional fees incurred by any of those Boards or the Building Department as a result of professional work required to be performed on behalf of any of said Boards or the Building Department as a result of the filing of an application seeking approval by that Board or the Building Department; and
Whereas, for the purpose of § 140-63, professionals shall include, but not be limited to, engineers, attorneys (limited to application-related research), planning consultants, architects, traffic consultants and noise consultants; and
Therefore,
Effective December 6, 2019 with the adoption of this policy, all such professional fees shall be charged back to the applicant with full payment being required to be made prior to granting of the permit; and further
This policy shall apply to professional fees for all open applications, whether existing or new; and further
The expenditure of fees for the regular monthly meeting attendance and general review of an application by the Attorney for the Town shall be covered by application fees and exempted from this reimbursement; and further
Specific appeals for relief of fees imposed by this policy shall be made in writing to the Town Supervisor and relief shall only be made upon resolution by the Town Board; and further
Pursuant to § 140-63, creation of an escrow account may be required simultaneously with the filing of an application for approval of a development and prior to the commencement of the review of the application; and further
The applicant or developer, as the case may be, shall deposit with the Town Supervisor a sum of money, as determined in Subsection B(1) of § 140-63, which sum shall be used to pay the costs incurred by the Town for consulting, engineering and legal services as described in this section; and further
The Town Supervisor shall make this change in policy known to all departments and boards to which this may apply.
Second: Councilman Hewitt
aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
AMENDMENT TO RESOLUTION 276-2019:
A Motion was made by Supervisor Baden and seconded by Councilman Hewitt
to amend the previous motion to a start date of January 1, 2020. The resolution reads as follows;
Whereas, the Town Board recognizes the expenditure of town funds for Town of Rochester land use application reviews has risen in the past several years due to unique applications requiring considerable study and review; and
Whereas, these expenditures are no longer being substantially covered by application fees and the Town Board believes the cost of these expenditures is no longer sustainable being made solely from the general fund account; and
Whereas, the Town Board recognizes and believes increasing application fees to meet these expenditures is not the preferred solution as all applications are unique and do not require similar review; and
Whereas, the Zoning Code of the Town of Rochester, § 140-63(B)(1) Professional fees, expenses and escrow requirements, empowers the Town Board, the Planning Board, the Zoning Board of Appeals and the Building Department to charge an applicant the reasonable and necessary expenses incurred for public hearing notices and for professional fees incurred by any of those Boards or the Building Department as a result of professional work required to be performed on behalf of any of said Boards or the Building Department as a result of the filing of an application seeking approval by that Board or the Building Department; and
Whereas, for the purpose of § 140-63, professionals shall include, but not be limited to, engineers, attorneys (limited to application-related research), planning consultants, architects, traffic consultants and noise consultants; and
Therefore,
Effective January 1, 2020 with the adoption of this policy, all such professional fees shall be charged back to the applicant with full payment being required to be made prior to granting of the permit; and further
This policy shall apply to professional fees for all open applications, whether existing or new; and further
The expenditure of fees for the regular monthly meeting attendance and general review of an application by the Attorney for the Town shall be covered by application fees and exempted from this reimbursement; and further
Specific appeals for relief of fees imposed by this policy shall be made in writing to the Town Supervisor and relief shall only be made upon resolution by the Town Board; and further
Pursuant to § 140-63, creation of an escrow account may be required simultaneously with the filing of an application for approval of a development and prior to the commencement of the review of the application; and further
The applicant or developer, as the case may be, shall deposit with the Town Supervisor a sum of money, as determined in Subsection B(1) of § 140-63, which sum shall be used to pay the costs incurred by the Town for consulting, engineering and legal services as described in this section; and further
The Town Supervisor shall make this change in policy known to all departments and boards to which this may apply.
aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent

ASPLUNDH TREE SERVICE:

Highway Superintendent Spano submitted a request from Bill Stanley, owner of Asplundh Tree Service has made a request through the Highway Department for permission to park 8-9 tree trucks in the old landfill. The request for parking would be from Monday, December 9, 2019 through May31, 2020.In return, Asplundh is willing to provide tree cutting services for the Highway Department, at the direction of the Superintendent of Highways, at no cost. In addition, Asplundh will provide the Town a certificate of insurance.

Resolution # 277-2019:
A Motion was made by Supervisor Baden granting permission to Asplundh Tree Service to park 8-9 tree trucks in the old landfill. The request for parking would be from Monday, December 9, 2019 through May 31, 2020 with the addition of a hold homeless claus letter being submitted.
Second: Councilwoman Haugen-Depuy
aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
TRANSER OF PROPERTY TO THE ACCORD FIRE DISTRICT:
Resolution # 278-2019:

A Motion was made by Supervisor Baden to authorize the Town Supervisor to sign a deed and related documents to convey a portion of Creek Rd to the Accord Fire District.
Second: Councilman Hewitt
Discussion: Attorney Christiana stated that SEQRA was already done as part of the NYRISING program and because this is a Fire District they are considered a municipality so they are not subjected to permissive referendum.
aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
EXECUTIVE SESSION:

A Motion was made by Supervisor Baden to enter into executive session at 7:55pm for the purpose of discussion of matters leading to the employment of particular persons in the highway department furthermore the Board invites Attorney Christiana, Highway Superintendent Spano and Council elect Adam Paddock to Join.
Second: Councilwoman Fornino
aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
A Motion was made by Supervisor Baden to reconvene the meeting at 8:23 pm stating no action taken nor monies expended.
Second: Councilwoman Fornino
aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
ADJOURNMENT:

A Motion was made by Councilwoman Fornino to adjourn the meeting at 8:23 pm.

Second: Councilman Hewitt

RESPECTFULLY SUBMITTED:

Kathleen A. Gundberg
Town Clerk