The Regular Monthly Meeting was held on January 2, 2020 at 7:41pm at the Town of Rochester Town Hall.
PRESENT:
Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Attorney Mary Lou Christiana
RECOGNITION OF SERVICE:
Justice Albert Babcock – 20 years
Highway Supt. Antonino Spano – 15 years
Councilman Brian Drabkin – 20 years
Councilwoman Cindy Fornino – 5 years
Steve Fornal- various capacity over the years, his knowledge will be missed
MEETING CALENDAR:
Jan. 8 Ulster County Legislature Organizational County Office Bldg., Kingston 6:30pm
Jan. 9 Environmental Conservation Commission Town Hall 6:30pm
Jan. 13 Planning Board Regular Meeting Harold Lipton Community Ctr 7pm
Jan. 27 Historic Preservation Commission Town Hall 2pm
Jan. 15 Youth Commission Harold Lipton Community Ctr 9:30am
TBD Ulster County Legislature County Office Bldg., Kingston 7pm
Jan. 16 ECC 3rd Thursday Nature Series Town Hall 6:30pm
Jan. 16 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Jan. 20 Town Offices Closed – Martin Luther King Day
Jan. 27 Planning Board Workshop Harold Lipton Community Ctr 6:30pm
Jan. 30 Town Board Audit/Workshop Meeting Town Hall 6pm
Feb. 6 Town Board Regular Meeting Town Hall 6:30pm
SUPERVISOR’S REPORT:
December 2019 wasn’t completed but will be filed with the Town Clerk
Abstract 12-2019:
General Fund $ 149, 182.02
Highway Fund $ 79,700.22
Street Lighting Fund $ 405.59
Grant Fund $ 145.88
ATTORNEY FOR THE TOWN UPDATE:
Working on putting together a meeting with the RRA.
RESIGNATION:
Town Clerk Gundberg received the resignation of Jeffrey Frey, Deputy Highway Superintendent and working Supervisor for the Highway Department.
SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:
Correspondence was received for the annual review of Justice Court audit.
DEC: annual reporting of the Transfer Station is due no later than March 1, 2020
Ulster County: sales tax check was received in the amount of $ 135,384.29 for months of April-Sept.
NYS Parks and Recreation and Historic Preservation: informed the Town that the Town of Rochester Park Planning project submitted for the Environmental Protection Fund Grant Program was denied. There were over 97 million dollars requested with only $19.5 million available.
Accord Historic District has been listed on the New York State Register of Historic Places and nominated to the National Register of Historic Places.
The C/O has been issued for the Route 209 Solar site.
Property Tax Cap: We are under the tax cap, We have the lowest Town tax in the County. We are .12 cents less than Marbletown. We were the only Town with a tax decrease.
A Letter was received from a neighbor of Arrowood Farm in support of the business.
A Letter was received from the DEC in regards to the Amanda Drive Bluestone Quarry.
DEPT. UPDATES/ LIAISON REPORTS:
Councilwoman Haugen-Depuy: Courthouse annex building construction is moving at a snail’s pace. The contractor just keeps passing the buck. Justice Shaheen was on a conference call today with the head contractor and hopefully we will make some gains.
Supervisor Baden stated that the Recreation Department is holding game night on 1/22/20 from 6-8pm. Community Resorts Casino trip will be held on 1/25/20. Call the Recreation Department to sign up.
HIGHWAY SUPT. REPORT: nothing to report at this time.
CHIEF CONSTABLE REPORT:
Chief Miller welcomed the new Board members.
In addition to the attached Court Security schedule the Constabulary answered 16 direct calls for service and other duties in December of 2019.
These included: •9 Neighbor to Neighbor and Quality of Life Complaints Issues •1 Resident Traffic Complaints (Old King’s Hwy) •2 Environmental Complaints, (Van Tine Rd. and Queens Hwy.) •4 Building Department Violations•1 New Court Cases Opened•9 Court Proceedings Remain Open•16 Court Proceedings Closed. Interesting Occurrences: During the month, several residents along Towpath Rd. called to report vehicle parking issues and ATV’s operating on the roadway. Several community members reported derelict and/or abandoned RV’s and trailers on multiple properties. There were several complaints regarding fireworks being dangerously close to homes. In addition, we received calls thanking the Constabulary for responding to their complaints and working toward solutions.
As requested the following is a report on the Building and Zoning Violation Detail. Over the Month of December, 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 1 additional property 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.
PUBLIC COMMENT: no comments made.
RESOLUTIONS:
ACCEPTANCE OF A DONATION:
Resolution # 49-2020:
A Motion was made by Councilman Hewitt that the Town Board authorizes the Town Supervisor to accept cash donations in the amount of $139.00 from various donors at the Holiday Brunch.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
REQUEST TO APPLY FOR THE STEWARTSSHOPS HOLIDAY MATCH PROGRAM:
Resolution # 50-2020:
A Motion was made by Councilman Hewitt that the Town Board authorizes the Recreation Director to apply for The Holiday Match Program through Stewartsshops.com, provided there is no cost to the Town.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
REQUEST TO APPLY FOR A LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) GRANT:
Resolution # 51-2020:
A Motion was made by Councilwoman Enouen that town Board authorizes the Town Supervisor and the Town Clerk to apply for a Local Government Records Management Improvement Fund Grant (LGRMIF) to secure funding to enter into a contract with a recognized New York State Industries for the Disabled (NYSID) company, to convert the Code Enforcement and Building Department records from paper records to digital records. The Town is under no obligation to contract with the vendor should the grant be not approved.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried
PROVIDING FOR THE CREATION OF A RECORDS MANAGEMENT PROGRAM :
Resolution # 52-2020:
A Motion was made by Councilman Paddock upon advisement of the Town Clerk, the Town Board adopts policy providing for the creation of a Records Management Program in the Town of Rochester, as presented.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
ESTABLISHING A RECORDS ADVISORY COMMITTEE:
Resolution # 53-2020:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board appoints the Zoning Coordinator, the Planning and Zoning Board Clerk, and the Supervisor’s Confidential Secretary to serve as a records advisory committee to work closely with and provide advice to the Records Management Officer.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried
CARRYOVER OF VACATION CREDITS- HIGHWAY DEPARTMENT:
Resolution # 54-2020:
A Motion was made by Councilman Paddock;
Whereas, a collective bargaining agreement (CBA) exists in force between the Town of Rochester and the International Brotherhood of Electrical Workers Local 363; and
Whereas §8.2.4 of said CBA allows for the accumulation of 160 vacation leave credits; and
Whereas, employee vacation credits were allowed to be accumulated in excess of 160 hours due to improper carryover recordkeeping by the highway dept. for a significant period of time; and
Whereas, this error was discovered in November 2019 by the Town Supervisor; and
Whereas it has been determined it would be significantly difficult to reconstruct the vacation leave credits for this large number of years; and
Whereas, it has been calculated the excess vacation credits will total less than 75 hours and have a cumulative value of less than $2,000; and
Whereas, the error is in no way any fault of the highway employees;
Therefore, the Town Board will allow any Highway Dept. employees covered under the CBA who will have in excess of 160 vacation leave credits as of Dec. 31, 2019 to carry over the excess vacation leave credits; and further
Excess vacation leave credits are to be utilized during the calendar year 2020 and will be ineligible for further carryover as per the terms of the negotiated CBA; and further
The Town Supervisor and Highway Supt. will calculate the exact vacation leave credits per highway employee, effective Jan. 1, 2020; and further
The Highway Supervisor will continue to convey a monthly report to the Town Supervisor of all benefit leave credits per highway employee for reconciliation.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
SETTING A PUBLIC HEARING FOR PROPOSED LOCAL LAW 1 OF 2020, ESTABLISHING A DATE FOR THE MEETINGS OF THE TOWN OF ROCHESTER BOAR:
Resolution # 55-2020:
A Motion was made by Councilman Hewitt;
Whereas, the Town of Rochester Town Board adopted Local Law 2 of 2019, 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 1 of 2020 to amend such law; and
Whereas, the Town of Rochester Town Board sets public hearing of Local Law 1 of 2020 to be held Feb. 6, 2020, at 6:30 PM, Town of Rochester Town Hall, Scenic Drive, Accord, NY, 12404, with the regular monthly Town Board meeting to immediately follow; and
Whereas, the Town Board requests the Town Clerk cause a legal notice of said public hearing to be published according to law.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
ESTABLISHING A COMPREHENSIVE PLAN AND LAND USE CODE REVIEW COMMITTEE:
Resolution # 56-2020:
A Motion was made by Supervisor Baden;
Whereas; the Town of Rochester adopted the Comprehensive Plan for the Town November 2006 with a recommendation to review such in 10 years time; and
Whereas; the Zoning Code, Subdivision Code, and Zoning Map were completely revise based on the Comprehensive Plan in 2009 and underwent major revision in 2014; and
Whereas; a Zoning Review Committee was formed in Jan. 2016, which issued a report to the Town Board in Feb. 2017 recommending amendments to the Zoning Code; and
Whereas; these recommendations were brought to public hearing by the Town Board with no action ever taken; and
Whereas; The Planning Board and Code Enforcement Office have made recommendations to the Town Board with zoning concerns; and
Whereas; the Town has heard from residents of certain concerns regarding land use;
Therefore; the Town Board hereby establishes an ad-hoc Comprehensive Plan and Land Use Code Review Committee consisting of 10 members to be appointed at the February 6, 2020 Town Board meeting, as follows.
1. Town Supervisor
2. One (1) Town Board member to be appointed by majority resolution of the Town Council members. The Supervisor will abstain from voting,
3. One (1) Planning Board member to be appointed by majority resolution of the Planning Board.
4. One (1) ECC member to be appointed by majority resolution of the ECC.
5. Code Enforcement Officer or the Zoning Coordinator
6. One (1) resident appointed by Supervisor Baden
7. One (1) resident to be appointed by Councilwoman Haugen-DePuy
8. One (1) resident to be appointed by Councilwoman Enouen
9. One (1) resident to be appointed by Councilman Hewitt
10. One (1) resident to be appointed by Councilman Paddock
And further the charge to the committee shall be to
1. Review the Comprehensive Plan and the goals established in the Comprehensive Plan and determine which have been achieved. Make written recommendations to the Town Board with any updates.
2. Review other Town adopted studies and documents and make written recommendations if/how these should be incorporated into land use policies.
3. Review Town of Rochester codes which address land use topics and make written recommendations of changes, amendments, additions, and/or deletions.
4. Review the Town of Rochester zoning map and schedule of uses and make written recommendations of changes, amendments, additions, and/or deletions.
And further the committee shall meet twice per month with attendance by all members expected and any member who misses more than two consecutive meetings shall be replaced, and further
The Supervisor shall convene the first meeting, at which the members shall elect a chair of the committee to lead the meetings, and further
The Supervisor shall maintain the records and notes of the committee for each meeting, and further
Reports shall be made to the Town Board periodically as topics are completed, and further
There shall be no consultant to this ad-hoc committee, however the Town Board will make the Attorney for the Town available to answer questions. The committee may also seek out advisement of other persons, such as the county planning director or other professionals who may have expertise, provided there is no cost to the Town.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
GENERATOR SERVICE MAINTANANCE AGREEMENT:
Resolution # 57-2020:
A Motion was made by Councilman Paddock to approve the generated service maintenance agreement on an annual basis.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
PROPOSED EXECUTIVE SESSION:
A Motion was made by Councilwoman Enouen to enter into executive session at 8:20pm
1. for the purpose of discussion of matters leading regarding employment matters of particular persons
2. for the purpose of discussion of matters of employment benefits of a particular person
3. Discuss the insurance contract
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried
A Motion was made by Councilman Hewitt to reconvene the meeting at 9:16pm stating no action taken nor monies expended.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried
TOWN BOARD APPOINTMENTS:
Resolution # 58-2020:
A Motion was made by Councilman Hewitt upon advice and consent of Justice LaFlamme, The Town Board hereby appoints Anne Marie Ogle to serve as the Clerk to Justice LaFlamme, effective January 1, 2020, as funded per the 2020 Wage and Salary Schedule.
Justice LaFlamme shall determine the duties and work schedule of the Clerk to Justice, subject to the adopted budget.
Second: Councilman Paddock
Aye: 4 nay: 1- Haugen-Depuy abstain: 0 motion carried
INSURANCE CONTRACT:
Resolution # 59-2020:
A Motion was made by Councilwoman Enouen that the Town Board authorizes the Supervisor to sign the insurance contract submitted by Sprague & Killeen for the year 2020, subject to the amounts budgeted therefor.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
HIGHWAY SUPERINTENDENT HEALTH INSURANCE:
Resolution # 60-2020:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board hereby waives the provisions of section 5.1.6, Medical Insurance, Premium Payment (elected officials) of the Town of Rochester Compensation and Benefits manual for Highway Superintendent Jeffrey Frey and replaces with the following, effective January 1, 2020 to expire at such time as his son is no longer covered under the Employee/Child medical insurance rate.
For a Town Clerk, Highway Superintendent, or Town Supervisor who takes the position for the first time on or after December 1, 2018, the Town pays ninety-percent (90%) of the monthly premium for individual coverage and Jeffrey Frey pays the remaining ten percent. If Jeffrey Frey chooses to enroll eligible family members, the Town pays seventy-five (75%) of the additional monthly premium for two-person or family coverage and Jeffrey Frey pays the remaining twenty-five percent.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
ADJOURNMENT:
A Motion was made by Councilwoman Enouen to adjourn the meeting at 9:22pm.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK