The Regular Town Board Meeting was held on January 5, 2018 at 7:50pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Baden Councilwoman Haugen-Depuy Councilwoman Fornino
Councilman Drabkin Councilman Hewitt Town Clerk Gundberg
Attorney Christiana
Supervisor Baden opened the Regular Town Board Meeting at 7:50pm
APPROVAL OF MINUTES:
A Motion was made by Councilwoman Haugen-Depuy to approve the 12/7/2017 Regular Town Board Meeting and the 12/28/2017 Audit/Workshop Meeting.
Second: Councilwoman Fornino
Discussion:
Vote: aye: 5 nay: abstain: motion carried
SUPERVISOR’S REPORT:
Supervisor Baden asked Attorney Christiana what the Supervisor’s report consisted of other than an accounting report. Attorney Christiana was uncertain so Supervisor Baden said he would find out at the training the following week.
SUPERVISOR UPDATE:
Supervisor Baden stated, “Happy New year to all! It’s fabulous to see so many faces here on a Friday. Some changes to look forward to, as a member of the public the Town has failed the public on getting information out and we are going to improve on that…. MORE INFORMATION LESS RUMORS.”
ATTORNEY UPDATE:
Attorney Christiana met with Supervisor Baden earlier this week. Currently working with the Highway Superintendent Spano on shared services agreement contract & a proposed policy of use of buildings. The State raised limits on procurement policies so the Board can raise limits if they would like.
Councilman Drabkin asked if the Town was involved with the property across from A&M Hardware.
Town Clerk Gundberg stated that a woman purchased the property formally known as the Giles Edward estate and had the home demolished.
Councilman Hewitt stated that he was reviewing the Town Law Manuel and would like the Board to discuss lowest bid vs. best value.
LIAISON REPORT:
Supervisor Baden stated that he is not expecting reports every month from the Board members.
Councilwoman Haugen-Depuy: Building Department: For the month of December; Building Permits:
$ 5,366.50, c/o $ 1440, a year to date: $ 88,810.35.
Councilman Drabkin stated that he would like to see the Liaison reports put on the website.
PUBLIC COMMENT:
Bob Garrett as the newly elected Fire Commissioner clarified the stipend that the Fire department used to receive would go towards water and food supplies during fire calls and the DEC would match the amount and then somewhere along the line is was given to the Ladies Auxiliary. Mr. .Garrett also asked if the Highway department plows the First Aid Squad, because the Fire department received a letter that the Highway Department will no longer be plowing the Fire department.
Highway Superintendent Spano stated that in emergency case the Highway will plow the First Aid squad.
Councilman Drabkin suggested that the Town request from all of the organizations financial statements for stipend services to be reviewed at the workshop meetings which will help with developing the budget.
One resident asked if the Town has ever had a Library or thought about having one in our Town.
Supervisor Baden stated building a library would be a very expensive proposition. It’s much easier to contract with Ellenville and Stone Ridge Libraries. Ellenville library memberships are free of charge for our Town residents and Stone Ridge allows for a certain number of residents. The Town of Marbletown residents pay a separate Library tax so they receive free memberships.
Gerry Fornino welcomed the new Board members. He expressed concerns of animals being in the building not being safe for people with allergies. The November meeting there was a cat running around in the meeting hall and it was very difficult to breathe.
Resolution # 38 of 2018 SETTING PERMISSIVE REFERENDUM BALLOT
A Motion was made by Councilman Drabkin,
Whereas, the Town of Rochester Town Board adopted Resolution #111-2017 on Nov. 1, 2017 resolving to enter into the lease agreements for the lease and development of a community solar facility on Town property located at 6140 Route 209 in the Town of Rochester, designated as tax map parcel 76.1-3-17; and
Whereas the Town of Rochester Town Board adopted Resolution #113-2017 on Nov. 1, 2017 resolving to enter into the lease agreements for the lease and development of a community solar facility on Town property located off Airport Road in the Town of Rochester, designated as tax map parcel 69.3-2-41.100; and
Whereas the Town of Rochester Town Clerk has received separate petitions of qualified electors of the town requiring permissive referendum special election for resolutions #111-2017 and #113-2017 pursuant to Town Law Article 7 §91 and such petitions have been certified by the Town Clerk as containing the minimum required signatures of qualified electors of the Town; and
Whereas the Town Board established there shall be two propositions (hereinafter “Proposition 1” and “Proposition 2”) requiring approval by the affirmative vote of a majority of the qualified electors of the Town of Rochester voting thereon at a special election with resolution # 130-2017 on Dec. 7, 2017; and
Whereas the Town Board has received a recommended list of elections inspectors and an Election Expense Estimate from the Ulster County Board of Elections;
Therefore the Town Board with this resolution declares a special election shall be held on Tuesday, January 30, 2018 at the Accord Firehouse Social Hall, 22 Main Street, Accord, NY 12404 from 12:00 Noon until 9:00 PM; and
Further Proposition 1 shall ask the question “Should the Town of Rochester enter into an option and lease agreement with Borrego Solar Systems, Inc. for land area of 24.11 acres located at 6140 Route 209 Tax map parcel 76.1-3-17 for the purpose of erecting and operating a community solar system. The Initial lease term will be 20 years with the right to extend the term for up to 4 additional 5 year periods. Rental fee will be $ 10,000.00 per megawatt DC per lease year with a 1 % annual increase.”; and
Further Proposition 2 shall ask the question “Should the Town of Rochester enter into an option and lease agreement with Borrego Solar Systems, Inc. for an area of land not to exceed 30 acres located off Airport Road Tax map parcel 69.3-2-41.100 for the purpose of erecting and operating a community solar system. The Initial lease term will be 20 years with the right to extend the term for up to 4 additional 5 year periods. Rental fee will be $ 10,000.00 per megawatt DC per lease year with a 1 % annual increase.”; and
Further the Town Board approves the Ulster County Board of Elections recommended list of elections inspectors with this resolution; and
Further the Town Board declares any qualified elector of the Town of Rochester certified as registered by the Ulster County Board of Elections as of January 16, 2018 shall be eligible to vote; and
Further the Town Board resolves absentee ballots shall be provided and accepted pursuant to Election Law; and
Further the Town Supervisor is authorized to contract with the Ulster County Board of Elections to administer such special election for a sum not to exceed $4,500 to be expended from the unallocated fund balance; and
Further the Town Board authorizes and directs the Town Clerk to coordinate with the Ulster County Board of Elections for the conduct of such special election and to provide legal notice of such special election as prescribed in Town Law §82.
Second: Councilwoman Fornino
Discussion:
Vote: Aye 5 Nay Abstain motion carried
Resolution # 39 of 2018 SETTING PUBLIC HEARING DATE – LOCAL LAW #1
A Motion was made by Councilman Drabkin,
Whereas, the Town of Rochester Town Board adopted Local Law #4 of 2008, amending Chapter 128 of the Town of Rochester Code establishing an exemption from real property taxes for real property owned by veterans who rendered military service to the United States during the Cold War; and
Whereas §458-b of Real Property Tax Law authorizes municipalities to establish maximum exemption amounts; and
Whereas §458-b of Real Property Tax Law has been amended by the New York State Legislature requiring amendment of Local Law #4 of 2008; and the Town of Rochester Town Board has drafted Local Law #1 of 2018 to achieve such amendment; and
Whereas the Town of Rochester Town Board sets public hearing for Local Law #1 of 2018 to be held Feb. 1, 2018, 7:00PM, Town of Rochester Town Hall, Scenic Drive, Accord, NY, 12404
Second: Councilwoman Haugen-Depuy
Discussion:
Vote: Aye 5 Nay Abstain motion carried
Resolution # 40 of 2018 SETTING PUBLIC HEARING DATE – LOCAL LAW #2
A Motion was made by Councilwoman Haugen- Depuy,
Whereas, the Town of Rochester Town Board adopted Local Law #1 of 2015, establishing a date for the meetings of the Town of Rochester Board of Assessment Review other than that provided in subdivision 1 of section 512 of the real property tax law; and
Whereas the Town of Rochester Town Board desires to amend such date and law and has drafted Local Law #2 of 2018 to amend such law; and
Whereas the Town of Rochester Town Board sets public hearing for Local Law #2 of 2018 to be held Feb. 1, 2018, immediately following public hearing for Local Law #1 of 2018 scheduled for 7:00 PM, Town of Rochester Town Hall, Scenic Drive, Accord, NY, 12404
Second: Councilwoman Fornino
Discussion: Supervisor Baden stated because our Assessor is the Assessor for 3 Towns we need to change the date of Grievance Day.
Vote: Aye 5 Nay Abstain motion carried
Resolution # 41-2018 AUTHORIZING THE TOWN CLERK TO ADVERTISE
A Motion was made by Councilwoman Fornino to authorize the Town Clerk to advertise for the public hearing for Proposed Local Law # 1-2018 & Proposed Local Law # 2-2018.
Second: Councilwoman Haugen-Depuy
Discussion:
Vote: Aye 5 Nay Abstain motion carried
Resolution # 42 of 2018 APPLICATIONS AND INTERVIEWS FOR BOARDS & COMMISSIONS
A Motion was made by Councilman Drabkin to authorize the Town Clerk to advertise vacancies on Planning Board (3 members), Zoning Board of Appeals (1 member), Historic Preservation Commission (10 members), Environmental Conservation Commission (6 members), Youth Commission (2 members), Ethics Board (4 members), and Board of Assessment Review (1 member) with applications due on or before end of day Mon. Jan. 22, 2018.; and
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. 25, 2018 during the workshop meeting to be held at Town of Rochester Town Hall at 7:00 PM. Any members seeking reappointment has the opportunity to be interviewed, but it will not be required.
Second: Councilwoman Haugen-Depuy
Discussion: There was a discussion about requiring reappointed applicants to be interviewed. The Board members agreed that every situation is different and making it mandatory wouldn’t be appropriate.
Vote: Aye 5 Nay Abstain motion carried
Resolution # 43 of 2018 RESCINDING OF PREVIOUS RESOLUTIONS
A Motion was made by Councilman Drabkin that, the Town Board rescinds
Resolution #51-2008, establishing the Memorial Day Parade and Event Committee,
Resolution #56-2008, establishing the Commercial Development and Support Committee,
Resolution #57-2008, establishing the Budget Review Committee,
Resolution #64-2008, establishing the Buildings and Grounds Assessment Task Force Committee,
Resolution #66-2008, establishing Communications Committee,
Resolution #42 of 2014, establishing the Telecommunications Committee,
Resolution # 68-2016, establishing the Hamlet of Accord Revitalization (HARP) advisory committee
Second: Councilwoman Haugen-Depuy
Discussion: Supervisor Baden stated that these are committee’s that were formed that never held a meeting. We could start over and give the committee a purpose.
Councilman Hewitt stated that HARP may not have met in a while but knows many people on the committee and would like it not included in the motion.
A Motion was made by Councilman Drabkin to amend the previous motion removing HARP from the list of committees to rescind. The Motion will go as follows;
the Town Board rescinds
Resolution #51-2008, establishing the Memorial Day Parade and Event Committee,
Resolution #56-2008, establishing the Commercial Development and Support Committee,
Resolution #57-2008, establishing the Budget Review Committee,
Resolution #64-2008, establishing the Buildings and Grounds Assessment Task Force Committee,
Resolution #66-2008, establishing Communications Committee,
Resolution #42 of 2014, establishing the Telecommunications Committee,
Seconded: Councilwoman Haugen-Depuy
Discussion: Councilwoman Fornino stated aye to the original motion including HARP and nay to amended motion.
Vote: Aye 4 Nay 1 Fornino Abstain motion carried
Resolution # 44 of 2018 DISBANDING OF COMMITTEES
A Motion was made by Councilwoman Haugen-Depuy the Town Board disbands the Cablevision Committee and the Rail Trail Committee.
Second: Councilwoman Fornino
Discussion: Supervisor Baden stated that these two committees were mentioned but saw no resolution forming them or group assigned to the committees. We need to form properly and give a charge.
Councilman Hewitt stated that Tim Wiederman is excited to work with the Town on the progress of the rail trail.
Supervisor Baden stated that the O&W rail trail coalition meets the last Wednesday of the month.
Vote: Aye 5 Nay Abstain motion carried
Resolution # 45 of 2018 REQUEST FOR EXTENSION OF HUDSON RIVER ESTUARY GRANT
A Motion was made by Councilwoman Haugen-Depuy,
Whereas the Town of Rochester obtained a 2015 Hudson River Estuary Grant from the New York State Department of Environmental Conservation in the amount of $ 50,000.00 for Rochester and Wawarsing to conduct a collaborative Open Space Plan, aka Natural Heritage Plan, in accordance with the dictates of the grant agreement; and
Whereas the matching funds required pursuant to the grant agreement were to be paid by the Town of Rochester with the Town of Wawarsing required to reimburse Rochester for fifty percent of said payments, upon audit of same. Total matching funds were not to exceed Ten Thousand Dollars with each Town paying no more than five thousand toward same; and
Whereas the Town of Rochester accepted such grant with resolution #87-2016; and
Whereas the Town of Rochester contracted with Church and Mickelson Consultants for the sum of $48,500 for services to produce an agreed upon set of deliverables pursuant to this grant with resolution #88-2016; and
Whereas such contract called for a target completion date of March 31, 2017; and
Whereas the Town of Wawarsing has reimbursed the Town of Rochester $5000; and
Whereas the Hudson River Estuary grant has expired Oct. 31, 2017 and may be extended upon written request to the grant manager; and
Whereas the Town of Rochester authorizes the Town Supervisor to request an 8-month extension until June 30, 2018 to complete all aspects of the Natural Heritage Plan and further authorizes the payment of the remaining grant amount of $11,500 to Church and Mickelson Consultants upon receipt of billing pursuant to Section 2 of the contract
Second: Councilman Hewitt
Discussion: Councilwoman Haugen-Depuy asked if we received the money from Town of Wawarsing.
Supervisor Baden stated yes but he will confirm it.
The Motion was amended by Councilwoman Haugen-Depuy and Seconded by Councilman Hewitt to include the aka Natural Heritage Plan.
Supervisor Baden stated they are expected to give a presentation at the audit meeting.
Vote: Aye 5 Nay Abstain motion carried
Resolution # 46 of 2018 ECC REQUEST FOR LETTER OF SUPPORT
A Motion was made by Councilwoman Haugen-Depuy,
Whereas Mombaccus is an ancient name dating to 1676, one that relates to both the Dutch and Native American cultural history of our town, and
Whereas the name originally designated the vicinity of the mouth of the tributary flowing into the Rondout’s northwest side about a quarter-mile northeast of the present bridge over the Rondout in the hamlet of Accord, and
Whereas the name Mombaccus was also applied to the settlements in that vicinity during the late 1600s, but the Patent granted in 1703 stipulated that “the said Towne of Mumbaccus from hence forth forever be called and known by the Name of the Towne of Rochester in the County of Ulster and not otherwise,” and
Whereas the tributary itself took the name “Mombaccus Creek,” as evidenced by maps through the course of the 18th and 19th centuries, and
Whereas the name “Rochester Creek” first began appearing as an alternate to the original name in the 1800s and appears on the USGS topographic maps, and both names for the creek are in general use locally today, and
Whereas the history of the name Mombaccus is set forth and explained in published material familiar to this Board, and
Whereas the Town of Rochester is desirous of preserving its heritage, in particular its early history as it relates to Dutch and Native American culture, and
Whereas a formal application has been submitted to the USGS, by historian Marc B. Fried, for a change from “Rochester Creek” to “Mombaccus Creek” for the stream’s lowermost section and the entirety of its west branch (shown on some maps with the name “Mill Brook”),
NOW THEREFORE BE IT RESOLVED that the Town hereby requests that upon completion of the new Route 209 bridge across said tributary, signs be erected by the NYDOT identifying the said creek as Mombaccus Creek and not otherwise, and
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to Mr. Todd Westhuis, Regional Director, NY Department of Transportation, 4 Burnett Blvd, Poughkeepsie, NY 12603, and
BE IT FURTHER RESOLVED that a copy also be sent to the Executive Secretary for Domestic Geographic Names, U.S. Geological Survey, 523 National Center, Reston VA 20192, to the ATTENTION of Mr. Mathew J. O’Donnell.
Second: Councilman Hewitt
Discussion:
Vote: Aye 5 Nay Abstain motion carried
Resolution # 47-2018: REIMBURSEMENT OF PLANNING FEE:
A Motion was made by Councilman Drabkin to reimburse Deborah Smith $ 400.00 for a subdivision that did not take place.
Second: Councilwoman Haugen-Depuy
Discussion: Councilman Hewitt asked if the money the applicant was requesting is going towards a building permit?
Supervisor Baden stated no. Ms. Smith originally asked for the request back 11/1/18 and since paid for the building permit as well. The Town would be reimbursing her for the subdivision.
Vote: Aye 5 Nay Abstain motion carried
Resolution # 48-2018: NYRISING GRANT:
A Motion was made by Councilman Drabkin that the Town of Rochester Town Board is giving the Governor’s Office of Storm Recovery consent to be lead agency for SEQRA on the Rochester Creek mitigation project.
Second: Councilman Hewitt
ROLL CALL VOTE:
Councilman Drabkin aye
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye
Vote: Aye 5 Nay Abstain motion carried
Resolution # 49-2018: INFORMATIONAL Q&A REGARDING THE PERMISSIVE REFERENDUM:
Supervisor Baden presented the Board with a fact sheet regarding the Borrego Contract & solar. He retrieved some information directly from Borrego, determined the dollar and cents savings of the sand mine to the Town including cost estimates.
Councilman Drabkin asked what the cost would be to close the mining permit and to reopen in the future.
Supervisor Baden stated that Borrego pays for the closing but he will contact Barry Medenbach for the estimate of what reopening the permit would be. The Board agreed that is best to include the cost estimate of reopening the sand mine mining permit on the fact sheet.
A Motion was made by Councilwoman Haugen Depuy to authorize Supervisor Baden to distribute factsheets regarding Solar and the contract after amendment of the DEC permitting fees are included.
Second: Councilman Hewitt
Discussion:
Vote: Aye 5 Nay Abstain motion carried
TOWN BUILDING DISCUSSION:
Supervisor Baden explained to the Board the lack of space within the Town Buildings. He thought of constructing the Town meeting room into office space and meetings can be held at the Community Center. He would like to put an RFP out for building conditions, the town does not have a good handle on the conditions of all the Town Buildings for example roofs, furnaces, electrical. Serving on the School Board Supervisor Baden stated the school sends out an RFP for building conditions every couple years and there is a lot of grant money out there to work with.
Councilman Drabkin stated this should be discussed at the audit meeting.
Councilman Hewitt asked if possible cost from the school would be available at the audit meeting.
Supervisor Baden stated the figures wouldn’t be a good comparison but can be discussed further at the audit meeting.
Resolution # 50-2018: PURCHASE OF HIGHWAY TRUCKS:
A Motion was made by Councilman Drabkin to authorize the purchase of 2 4×2 7500 International fully equipped Dump Truck for $ 414,714.00 and finance the same through Key Bank Government Finance Inc. for a 5 year loan at an interest rate not to exceed the prevailing interest rate for such loans.
Second: Councilwoman Fornino
Discussion:
Vote: Aye 5 Nay Abstain motion carried
Resolution # 51-2018: BIDDING OF HIGHWAY BUCKET TRUCK:
A Motion was made by Councilwoman Fornino to place out for sealed bid that the Town of Rochester is seeking a 1987 GMC bucket truck equipped with a standard transmission, stick saw, gas engine, with a 45 foot reach bucket or a truck comparable to specifications. Bids are due on or before 1/22/18 at 11am in the Office of the Town Clerk. Bid must include a non-collusion bidding certificate. Furthermore the Town Clerk shall advertise the same.
Second: Councilman Hewitt
Discussion:
Vote: Aye 5 Nay Abstain motion carried
Resolution # 52-2018: REBIDDING THE TOWN HIGHWAY DIESEL FUEL SUPPLIER:
Highway Superintendent Spano explained that the Bio-diesel fuel with the additive is causing build up in fuel filters and if this continues the trucks are going to have more fuel injector failures which will be a bigger expense to the Highway department. He filed a complaint with Heritage and was told other municipalities have as well.
Supervisor Baden explained to the Board that he tried looking for a copy of a contract or a resolution awarding Heritage Energy the fuel supplier but cannot find one so he doesn’t know if the Town is under contract with Heritage Energy.
Councilman Drabkin explained using special micro filters for this type of fuel with the additive. And if it is causing damage to the trucks we should be able to get out of contract.
Councilwoman Haugen-Depuy stated that even if we are held in contract we send out the bid to see if we can receive other fuel if possible, if it is damaging equipment and the sustainability of the trucks we need some expediency.
Highway Superintendent Spano stated that he has no problem looking for micro filters.
A Motion was made by Councilwoman Fornino to place out for sealed bid that the Town of Rochester Town Board is seeking a fuel supply vendor providing on road diesel fuel without bio-diesel additive for the Highway Department’s equipment and vehicles. Bids must include a non-collusive bidding certificate and are due on 1/22/2018 at 11:10am at the office of the Town Clerk and the Town Clerk should advertise the same.
Second: Councilwoman Haugen-Depuy
Discussion:
Vote: Aye 5 Nay Abstain motion carried
EXECUTIVE SESSION:
A Motion was made by Councilwoman Haugen-Depuy to enter into executive session at 10:03pm to discuss the Darren Keith litigation.
Second: Councilwoman Fornino
Discussion:
Vote: Aye 5 Nay Abstain motion carried
A Motion was made by Councilman Drabkin to reconvene the meeting at 10:23pm stating no action taken nor monies expended.
Second: Councilwoman Fornino
Discussion:
Vote: Aye 5 Nay Abstain motion carried
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 10:23pm.
Second: Councilwoman Fornino
Vote: Aye 5 Nay Abstain motion carried
Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk