Town Board Regular Meeting – February 2019

The February 7, 2019 Regular Town Board Meeting was held at 6:32pm at the Town of Rochester Town Hall.

ROLL CALL:

Councilman Brian Drabkin Councilwoman Cindy Fornino
Councilwoman Bea Haugen-Depuy Councilman Christopher Hewitt (6:33pm)
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Attorney Marylou Christiana

ADOPTION OF LOCAL LAW # 1 OF 2019:
Resolution # 64-2019:

A Motion was made by Councilwoman Haugen-Depuy to adopt Local Law # 1 of 2019 Chapter 53, Animals

Section 1. Authority:

This Local Law is enacted pursuant to the provisions of (Chapter 59; Part T of the Law of 2010)
Article 7 of the Agriculture and Markets law and the Municipal Home Rule Law of the state of New York.

Section 2. Purpose:

The Town Board of the Town of Rochester hereby finds and declares that the purpose of this local law is to provide for the licensing and identification of dogs.

Section 3. ARTICLE III, Dog Licensing
§53-16 fees,

A. Individual Dog Tag fee, shall be deleted in its entirety and replaced as follows
A. Individual Dog License Fee
• $ 4.00 for a spayed or neutered dog
• $ 14.00 for unsprayed or neutered dog

Section 4 Article III, Dog Licensing
§53-16 fees,

D. Replacement Tag Fee, shall be deleted in its entirety and replaced as follows
D. Replacement Tag Fee

A replacement tag fee of $ 5.00 shall be charged to offset the costs associated with the provision and replacement of identification tags.

Section 5. Severability

If any part of this local law is judged invalid by any court of competent jurisdiction, such judgement shall be confined in application to the part or provision directly on which judgement 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 with such part or provision or application.

Section 6. Effective Date:

This Local Law shall become effective January 1, 2019

Second: Councilman Drabkin
Aye: 4 Nay: 0 abstain: 0 motion carried
Hewitt Absent

SUPERVISOR’S REPORT:

December 2018, January 2019 – Filed with the Town Clerk

Councilman Hewitt arrived: 6:33pm.

ATTORNEY UPDATE FOR THE TOWN:
Working on the wells property, the transfer should be completed in the next couple days. The Alligerville project; researching when the County transferred the property to the Town.

LIAISON REPORTS:

Councilwoman Haugen-Depuy: Building Department: Total for the month of January: $ 54,786.04. Zoning fees: $ 245.00, Building permits: $ 665.10, logging permits: $ 200.00 and misc. permits: $ 52,675.94. C/O: $ 820.00 and Fire safety Inspections: $ 180.00.
Councilman Hewitt: Environmental Conservation Commission: will be attending a class on composting and will keep the Board posted on the possibilities of a compost pile at the Transfer station.
Councilman Drabkin: Transfer Station: resuming accounting for the transfer station. The rate of the RRA charged close to collection at the Transfer Station.
Town Clerk Gundberg: TAX COLLECTION: as of 2/1/19 $ 4,848,603.55 has been collected. The Town Tax Warrant has been satisfied ($ 2,586,657.78).
I want to thank my staff. This past week is the busiest week of the year collecting over 2.5 million dollars and we were met with child with the flu, snow storms, engines blowing in vehicles, emergency vet appointments and a family death. The girls went above and beyond working through lunch and staying late to help with the work load and not putting in for any additional compensation. Employees like this need to be recognized and appreciated it is more than just a job and I am very thankful for both Christina and Tina.

Town Calendar
Feb. 11 Planning Board Harold Lipton Community Ctr 7pm
Feb. 14 Environmental Conservation Commission Town Hall 6:30pm
Feb. 18 Town Hall Closed – Presidents Day
Feb. 18 Historic Preservation Commission Town Hall 2pm
Feb. 19 Ulster County Legislature County Office Bldg., Kingston 7pm
Feb. 21 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Feb. 28 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm

SUPERVISOR UPDATE:

The Town received a $ 9,000.00 grant for the justice court to complete the interior renovations at the courthouse annex.
The Rochester Solar project: approximately 150 people attended the meeting. 103 are signed up for the 15% savings. Anyone with a Central Hudson account can sign up for this benefit.

Correspondence Report

Legislature Update, Legislator Lynn Archer:

Legislator Archer gave the Town Board Broadband survey results for the Town of Rochester and Town of Wawarsing.
234 individuals responded to the survey;
9% have no cable available on their road
12 % have cable on the road but prohibitive connection costs
62 % have access and are satisfied with the service
15 % have access which is weak or irregular connection
1% have access and had to pay exorbitant connection fee
1% have access and not interested in subscribing

Supervisor Baden stated there is a correspondence packet for each board member consisting of;
– Ulster County Association Town Supervisors and Mayors meeting minutes
– Building permit for 6 additional antennas and equipment pad at existing wireless facility
– Planning Seminar
– Legislative schedule for 2019
– A letter of support to New Farmers Grant Fund for Sam Zurofsky and Erin Enouen
– A thank you from Romans Road Bible Church thanking the Town of the use of table and chairs back in December
– Scenic Byway hosting a meeting in March
– Rochester Food Pantry: numbers slightly lower than the previous year. During the 2018 year the food pantry provided over 30,000 meals to more than 2000 people.

PUBLIC COMMENT PERIOD:

Gerry Fornino asked Legislator Archer if she had heard of cable trucks catching fire? One caught on fire at his residence during a service call. Mr. Fornino stated that the fire extinguisher works better than Spectrums service desk.

Councilwoman Haugen-Depuy: asked if people can get internet access through satellite?
Legislator Archer: regarding Broadband everything runs through the cable.
Gerry Fornino stated that the School tech. department should work side by side with the Town on getting internet to all students.

Bob Garrett, Chairman to the Accord Fire District: stated the Alligerville project is going well, and in the past the Town and Fire Company worked well together. He stated that he was glad to see that work was done with the snow removal issue.

Kurt Kross: a resident of the Town of Rochester and a retired employee from the County DPW gave the Board information regarding the property located at the Alligerville Firehouse. He also request to have a Town Constable sit and monitor traffic on Old Kings Highway in the afternoon. The traffic leaving the school is going to get someone killed.

Supervisor Baden stated that the information Mr. Kross gave was extremely helpful.

DISCUSSION:

2019 Insurance Contract: Prior to 2019 Insurance contract the Town didn’t have the proper insurance for our court officers and constabulary.

NYS AIM Funding: the Governor’s proposed 2020 NYS budget cuts the Aid and incentives for municipalities program. The Town of Rochester would lose $ 22,120.00

KAFAS Contract: a copy of the renewal agreement is enclosed in the Board’s packets.

General Code Project: Councilman Drabkin stated that he wants to see the contract so the Board knows what they are getting.

Boards and Commissions Appointments: The Board was asked if they want to schedule interviews? It was agreed to hold interviews for the vacant position on the Planning Board.

Procurement Policy 65-19: Supervisor Baden stated there was a discrepancy in the organizational meeting resolutions regarding the Highway Department. The Board needs to amend the procurement policy of the public works section. Guideline 3. Section B and C need to be amended.

AMENDMENT TO THE PROCUREMENT POLICY:
Resolution # 65-2019:

A Motion was made by Councilwoman Haugen-Depuy to amend Guideline 3. Section B and C of the Town of Rochester Procurement Policy.
GUIDELINE 3. All estimated public works contracts of:
a.) Equal or less than $20,000 but greater than $ 10,000 require a written RFP and written or fax proposals from 3 contractors.
b.) Equal or less than $ 10,000 but greater than $ 5,000 require an oral request for the goods and oral or fax quotes from 2 vendors.
c.) Equal or less than $ 5,000 but greater than $ 500 are left to the discretion of the Purchaser.
Aye: 5 Nay: 0 abstain: 0 motion carried

Town Electronic Newsletter: there was a discussion on creating an electronic newsletter.

Accord Fire District Snow Plowing: Supervisor Baden met with Deputy Highway Superintendent Frey, Fire Commissioner Lawrence and conference call with Town Attorney to work on an agreement between the Accord Fire District and Town of Rochester that the Board can vote on or discuss later in the meeting.

Transfer Station Building Construction: Supervisor Baden asked the Board to review information submitted on the transfer station building and plan to discuss it at the workshop meeting.

Pickleball Court: tabled until more information can be gathered.

RESOLUTIONS:

APPROVAL OF MINUTES:
Resolution # 66-2019:

A Motion was made by Councilman Drabkin to approve the following minutes;
Jan. 2, 2019 December 2018 Audit Meeting
Jan. 3, 2019 Organizational Meeting
Jan. 3, 2019 Regular Meeting
Second: Councilman Hewitt
Aye: 5 Nay: 0 abstain: 0 motion carried

A Motion was made by Councilman Drabkin to approve Resolutions # 67-72;
Second: Councilwoman Fornino
A Motion was made by Councilman Drabkin to amend the motion to exclude resolution approving the 2019 Highway Fund Budget amendment and approve Resolutions # 67-71;

BUDGET MODIFICATION
Resolution # 67-2019:

The Town Board approves the following 2018 General Fund budget amendments, as recommended by the Town Supervisor.
1010.4 Justice CE +$ 150 New Budgeted $ 16,800
1220.4 Supervisor CE +$ 400 New Budgeted $ 18,880
1355.4 Assessor CE +$ 150 New Budgeted $ 4,185
1410.4 Town Clerk EQ +$ 175 New Budgeted $ 375
1430.4 Personnel CE +$ 150 New Budgeted $ 4,750
1460.4 Records Mgt. CE +$ 1875 New Budgeted $ 2,600
3097.4 Public Safety CE + $ 175 New Budgeted $ 4,425
TOTAL: + $ 3,075
9060.8 Medical Insurance – $ 3075 New Budgeted $ 168,659
TOTAL: – $ 3,075

RESOLUTION # 68-2019:
The Town Board approves the following 2018 Highway Fund budget amendments, as recommended by the Town Supervisor
5130.4 Machinery CE + $ 1,000 New Budgeted $ 101,000
TOTAL: + $ 1,000

5140.2 Misc. Equipment – $ 1,000 New Budgeted $ 384,535
TOTAL: – $ 1,000

PAYMENT OF ABSTRACT 13-2018:
Resolution # 69-2019:
The Town Board approves payment of Abstract 13-2018 in the amount of
General Fund $ 33,806.48
Highway Fund $ 2,182.51
Street Lighting Fund $ 366.88
Resolution # 70-2019:
The Town Board approves the following 2019 General Fund budget amendments, as recommended by the Town Supervisor.
1410.2 Town Clerk EQ +$ 100 New Budgeted $ 300
9040.8 Worker Comp +$ 3,000 New Budgeted $ 66,260
TOTAL – $ 3,100

1990.4 Contingency – $ 3,100 New Budgeted $ 26,900
TOTAL: – $ 3,100

Resolution # 71-2019:
The Town Board approves payment of Abstract 01-2019 in the amount of
General Fund $ 140,434.88
Highway Fund $ 241,117.08
Street Lighting Fund $ 0
Second: Councilwoman Fornino
Aye: 5 Nay: 0 abstain: 0 motion carried
ACCEPTING DONATIONS:
Resolution # 72-2019:

A Motion was made by Councilman Drabkin the Town Board accepts donations of $24.65 from St. Pauly’s Textile, Inc. and $192 from various attendees of the Holiday Senior Brunch and directs the Supervisor to deposit the funds in the General Fund account, revenue line AA-4-2705.
Second: Councilwoman Haugen-Depuy
Aye: 5 Nay: 0 abstain: 0 motion carried

SELECTION OF TOWN BOARD AUDIT AND WORKSHOP DATES: (Amending Resolution 3-2019)
Resolution # 73-2019:
A Motion was made by Councilman Hewitt that the Town Board meeting to audit the Town’s bills shall be held on the last Thursday of each month at 6:00pm (except May, October, November, and December 2019) with the Workshop to immediately follow at 7:00pm at the Town of Rochester Town Hall, 50 Scenic Road, Accord, NY 12404, and directs the Town Clerk to post legal notice of such meeting schedule.
Jan. 31, 2019; Feb. 28, 2019; March 28, 2019; April 25, 2019; Wednesday May 29, 2019; June 27, 2019; July 25, 2019; August 29, 2019; Sept. 26, 2019; Wednesday Oct. 30, 2019; Tuesday Nov. 26, 2019; and Monday Dec. 30, 2019.
Second: Councilwoman Fornino
Aye: 5 Nay: 0 abstain: 0 motion carried
PAYMENT OF ADVANCE CLAIMS: (Amending Resolution 12-2019
Resolution # 74-2019:

A Motion was made by Councilwoman Haugen-Depuy authorizing the Town Supervisor to pay claims of public utility services; defined as electric, gas, water, sewer, fuel oil, and telephone services; postage, and freight and express charges, not to exceed $1,000, and to pay monthly credit card claims in advance of submitted audit bills. All such claims shall be presented at the next regular meeting for audit, and the claimant and the officer incurring or approving the same shall be jointly and severally liable for any amount disallowed by the town board.
Second: Councilwoman Fornino
Aye: 5 Nay: 0 abstain: 0 motion carried
INSURANCE CONTRACT: (tabled Resolution 11-2019)
Resolution # 75-2019:

A Motion was made by Councilman Drabkin Board authorizing the Supervisor to sign the insurance contract submitted by Sprague and Killeen for the year 2019, subject to the amounts budgeted therefore.
Second: Councilman Hewitt
Aye: 5 Nay: 0 abstain: 0 motion carried
AUTHORIZING THE SUPERVISOR TO SEND A LETTER:
Resolution # 76-2019:

A Motion was made by Councilman Hewitt authorizing Supervisor Baden to send a letter expressing dismay to Governor Andrew Cuomo regarding his proposal to eliminate $22,120 in AIM funding to the Town of Rochester from the NYS 2019 proposed executive budget, and to copy Senator James Seward and Assemblyman Kevin Cahill on such letter.
Second: Councilwoman Haugen-Depuy
Aye: 5 Nay: 0 abstain: 0 motion carried
AUTHORIZING THE SUPERVISOR TO EXTEND A CONTRACT:
Resolution # 77-2019:

A Motion was made by Councilwoman Haugen-Depuy upon advice of the Attorney for the Town; the Town Board authorizes the Town Supervisor to sign an extension of the shared services contract with the Kerhonkson Accord First Aid Squad, as presented, effective through December 31, 2019.
Second: Councilman Hewitt
Aye: 5 Nay: 0 abstain: 0 motion carried
APPOINTMENT OF DEPUTY DOG CONTROL OFFICER:
Resolution # 78-2019:

A Motion was made by Councilwoman Haugen-Depuy appoints Kevin Hindman to the position of Deputy Dog Control Officer, to be compensated contractually at a rate of $15 per hour for any hours worked + mileage at the established 2019 IRS mileage rate, effective January 1, 2019.
Second: Councilwoman Fornino
Aye: 5 Nay: 0 abstain: 0 motion carried
APPOINTMENT OF TEMPORARY DOG CONTROL OFFICERS-SHARED SERVICES: Towns of Lloyd, Marlborough, Plattekill, New Paltz, Esopus, Wawarsing, Olive, Rochester, and Marbletown

The Town Board tabled the discussion until more information can be gathered.

GENERAL CODE RECODIFICATION:

The Town Board authorizes the Town Supervisor to enter into a contract with General Code, 781 Elmgrove Road, Rochester, NY 14624 in the amount of $13,900 for recodification services, as presented. Payment shall be made with 20% ($2,680) funded from 2018, 50% (6,950) funded in 2019, and 30% ($4,170) funded in 2020.
The Town Board tabled the discussion.

AMENDMENT TO RESOLUTION 147-2018; ESTABLISHING A TRAILS COMMITTEE:
Resolution # 79-2019:

A Motion was made by Councilman Hewitt that the Town Board amend resolution 147-2018 to increase membership of the Trail Committee from 7 to 9 members. Qualifications for the additional 2 members shall be any residents of the Town of Rochester.
Councilwoman Haugen-Depuy
Aye: 5 Nay: 0 abstain: 0 motion carried
APPOINTMENT TO BOARD AND COMMISSIONS:
Resolution # 80-2019:

A Motion was made by Councilwoman Haugen-Depuy appointing the following to Boards and Commissions of the Town of Rochester for the terms of office to end as noted and requests the Town Clerk to send notice of the requirements of Oath of Office.

Board of Ethics – Brinton Baker, 12/31/2023; Adam Paddock (complete Sherry Chachkin term), 12/31/2021
Historic Preservation Commission – Elaine LaFlamme, Alice Schoonmaker, Frank Dannecker, all 12/31/2021
Youth Commission – Jessica Knapp, 12/31/2021
Trails Commission – Supervisor Baden, Councilman Hewitt, Steve Rice, Flynn O’Connor, Joe Beilman, Sue Beilman, Briana Maloney.
Second: Councilman Drabkin
Aye: 5 Nay: 0 abstain: 0 motion carried
APPOINTMENT TO THE PLANNING BOARD:
Resolution # 81-2019:

A Motion was made by Councilwoman Haugen-Depuy to appoint the following to the Planning Board of the Town of Rochester for the terms of office to end as noted and requests the Town Clerk to send notice of the requirements of Oath of Office.
Alonzo Grace (complete Larry DeWitt term) to end 12/31/2021
Zorian Pinsky, Alternate member, term to end 12/31/2020
Second: Councilman Drabkin
Aye: 5 Nay: 0 abstain: 0 motion carried
APPOINTMENT TO THE ZONING BOARD OF APPEALS:
Resolution # 82-2019:

A Motion was made by Councilwoman Haugen-Depuy to appoint the following to the Zoning Board of Appeals of the Town of Rochester for the terms of office to end as noted and requests the Town Clerk to send notice of the requirements of Oath of Office.
Charlie Fisher term to end 12/31/2023
Bill Barringer, Alternate member, term to end 12/31/2020
AUTHORIZING SUPERVISOR TO SIGN CONTRACT WITH ACCORD FIRE DISTRICT:
Resolution # 83- 2019:

A Motion was made by Councilman Drabkin that;

WHEREAS, the Accord Fire District is in need of snowplowing services at its fire stations; and

WHEREAS, the Town of Rochester recognizes the valuable service the Fire District provides in the Town of Rochester and is desirous of entering into an intermunicipal Agreement to provide services to the Accord Fire District;

IT IS HEREBY RESOLVED, that the Attorney for the Town is directed to prepare an Intermunicipal agreement with the Accord Fire District in accordance with NYS General Municipal Law Chapter 5,by which the Town of Rochester will provide snowplowing services to the Accord Fire District at the rate of $ 75.00 per hour upon the following terms and conditions:

The term of the agreement shall run from the time that the agreement is signed by the Accord Fire District and the Town Supervisor and shall terminate on June 1, 2019.

The Town will plow the parking lots for the fire stations located at 22 Main St. Accord, NY; 922 Samsonville Rd Kerhonkson, NY, and 16 Creek Road High Falls, NY.
The Accord Fire District shall agree to indemnify and hold the Town of Rochester harmless for any and all property damage or personal injury that shall occur as a result of the Town’s plowing whether to fire department property of personnel, or to third parties, and shall name the Town of Rochester as additional insured on its general liability insurance policy, which must be in the minimum amount of one million dollars;

The fire district shall grant the Town permission to enter onto its properties to perform the snow plowing;
The plowing of the fire station lots shall take place as soon as practicable to so given all other highway department responsibilities and needs prevailing at the time.

AND IT IS FURTHER RESOLVED that the Supervisor is authorized to sign agreement, with the above terms, upon adoption of the same by the Accord Fire District.
Second: Councilwoman Haugen-Depuy
Discussion: Councilwoman Haugen-Depuy asked where the $ 75.00 value came from.
Deputy Highway Superintendent Jeff Frey stated 2 years ago when it was contracted out it was $ 70.00.
Aye: 5 Nay: 0 abstain: 0 motion carried
REFUND OF BUILDING PERMIT:
Resolution # 84-2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board approves the refund of $ 65.00 to Donald Decker for building permit fees that were not completed.
Second: Councilman Hewitt
Aye: 5 Nay: 0 abstain: 0 motion carried
PROMOTION OF CONSTABLE:
Resolution # 85-2019:

A Motion was made by Councilman Drabkin upon recommendation of Chief Constable, the Town Board promotes Constable Jose Velasco to the rank of Sergeant, effective February 1, 2019. The Town Board authorizes the Supervisor to amend the Salary and Wage schedule to raise his rate of compensation to $ 13.00 per hour.
Second: Councilman Hewitt
Aye: 5 Nay: 0 abstain: 0 motion carried
APPOINTMENT OF CONSTABLE:
Resolution# 86-2019:

A Motion was made by Councilman Drabkin upon recommendation of Chief Constable, the Town Board appoints Anthony Mottola to fill the vacant position of Constable, part-time, at the of $ 11.10 per hour, on a 520-hr. probationary basis, pursuant to the Policy and Patrol Guide as approved by the Town of Rochester. This appointment is subject to meeting the training criteria set forth by NYS DCJS for Peace Officers and all employment requirements for the Town of Rochester and Ulster County Civil Service, Constable duties shall be under the supervision of Chief Richard Miller, Chief Constable. The Town Board authorizes the Supervisor to amend the Salary and Wage schedule.
Second: Councilwoman Fornino
Aye: 5 Nay: 0 abstain: 0 motion carried

BOARD MEMBER TIME
Councilwoman Haugen-Depuy asked for clarification on the procedures reaffirmation that was approved this year regarding the Constabulary. She asked why the constabulary is being watched so closely and request to have in writing where the law states that the constabulary cannot provide security services to businesses.
Supervisor Baden stated that, “everything seems to be working fine. Rich has been able to get in touch with me each time without an issue.”
The Board agreed that they would like a copy of the monthly duty roster of the Constabulary.
EXECUTIVE SESSION:

A Motion was made by Council Drabkin to enter into executive session at 8:30pm the attorney for the Town and the Deputy Highway Superintendent to discuss the financial matters of a particular corporation’s contract involving the Highway Dept.
Second: Councilwoman Fornino
Aye: 4 Nay: 0 abstain: 0 motion carried
Councilwoman Haugen-Depuy was recused from this executive session.
A Motion was made by Councilman Haugen-Depuy to enter into executive session with the attorney for the Town to discuss matters leading to the discipline of a particular person; involving the Justice Court.
Second: Councilman Drabkin
Aye: 5 Nay: 0 abstain: 0 motion carried
A Motion was made by Councilwoman Haugen-Depuy to reconvene the meeting at 9:10pm stating no action taken no 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 9:10pm.
Second: Councilman Hewitt
Aye: 5 Nay: 0 abstain: 0 motion carried
RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK