Town Board Regular Meeting – June 2019

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

ABSENT:

Councilwoman Cindy Fornino

PLEDGE:

Supervisor Baden opened the meeting and led in the Pledge of Allegiance to the Flag.

MOMENT OF SILENCE:

A moment of silence was held for the 75th Anniversary of D-Day.

APPROVAL OF MINUTES:
Resolution # 152-2019:

A Motion was made by Councilman Drabkin to approve the following minutes
April 4, 2019 Regular Meeting – adopted, amendment made
May 2, 2019 Public Hearing
May 2, 2019 Regular Meeting
May 17, 2019 Special Meeting
May 29, 2019 Audit/Workshop Meeting
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
SUPERVISORS REPORT:

May 2019 – Filed with the Town Clerk

MEETING CALENDAR:
June 10 Planning Board Regular Meeting Accord Firehouse 7pm
June 13 Environmental Conservation Commission Town Hall 6:30pm
June 17 Historic Preservation Commission Town Hall 2pm
June 18 Ulster County Legislature County Office Bldg., Kingston 7pm
June 19 Youth Commission Harold Lipton Community Ctr 9:30am
June 20 Zoning Board of Appeals Town Hall 7pm
June 24 Planning Board Workshop Accord Firehouse 6:30pm
June 27 Town Board Audit/Workshop Meeting Town Hall 6pm
July 2 Town Board Regular Meeting Town Hall 6:30pm

ATTORNEY FOR THE TOWN UPDATE:
Assessor Shared Services contract – Towns of Rochester, Rosendale, & Marbletown
SUPERVISOR UPDATE/CORRESPONDENCE REPORT:
Camp Rav Tov: The septic system inspection was held on 6/5/19 and passed. All requirements were met and Ulster County Department of Health forwarded the information to the DEC. The driveway has widened which will help with camp buses. The camp permit inspection is scheduled for 6/13-6/14 and our Code Enforcement Officer will do his inspection and report back to the Board.
Hudson Valley Resort: The Town Code Enforcement Officer deemed a number of the building structures unsafe/ condemned. The main structure is deemed safe. After the 4th of July the investors are looking to have a community gathering and brain storm to discuss what the community wants and is looking for; waterpark, golf course, etc.
Community Compost program: began on Tuesday. On the first day one bin was full! Residents are making use of this program.
Department of Finance Mortgage Check: from 10/1/18- 3/31/19 $ 110,800.35 was received. The Town of Rochester is the 4th highest in the county.
Ulster County sales tax: from January-March 2019: $ 41,650.92 was received
Van Tine Road: The Shawangunk journal ran a story last week. The dirt broker pled guilty in Suffolk County. These charges didn’t include the Ulster County charges. Supervisor Baden & Attorney Christiana will meet with the Ulster County DA on 6/7/19 to discuss next steps.
Town Hall building ventilation: Supervisor Baden asked the Board to review the email from Rick Alfandre who specializes in this area.

LIASON/ COMMITTEE REPORTS:

Councilwoman Haugen-Depuy: Building Dept.: for the month of May: building permits:
$ 6,065.70, $ 1540 c/o for a total of $ 7,605.70.

Supervisor Baden: The Town held a wonderful Memorial Day Ceremony. A big thank you to Lene Fornino( singing the national anthem ), Steve Rice ( Vietnam Vet spoke of Memorial Day), Troy Dunn ( told stories & read the original charter of the original VFW members established in Kerhonkson, NY ), Andres Beke( played tapps), Jessica Knapp( fallen soldier tribute). A big thank you to the fire district for their participation and their beautiful salute to the Bruck Family.
(This past week the Town of Rochester lost resident Tim Bruck of Main St. Accord who was very dedicated to his community and will be greatly missed)

Chief Miller Police Constabulary report: In addition to the attached Court Security schedule the Constabulary answered;
14 direct calls for service and other duties in April of 2019.
These included:
•8 Neighbor to Neighbor Issues and 5 Solutions, 3 are Ongoing
•3 Resident Traffic Complaints (Samsonville Rd., Whitfield Rd., Cherrytown Rd.)
•2 Environmental Complaints (Van Tine Rd., Mill Hook Rd. and Queens Hwy.)
•6 Building Department Violations
•37 Court Cases Started (6 Town Law, 31 NYS VTL)
•114 Court Proceedings (PL,VTL,TL) are still pending or in process Month of May fines/fees (1st-31th) $3743.00 with $1740.00 NYS Surcharges. Interesting Occurrences: We responded to a jackknifed tractor trailer near the intersection of Old kings Hwy and Rte. 209 to direct traffic before and during the extrication process. We responded to a call for assistance on Stony Rd., regarding an elderly man stuck down an embankment in the mud with a lawn tractor. He was complaining of shortness of breath. Upon arrival additional units from the Kerhonkson/Accord First Aid Squad and Accord Fire District arrived. We assisted in the extrication. P.C. Mark Smith was of particular help.

As requested the following is a report on the Building and Zoning Violation Detail. Over the Month of May, we were not able to provide coverage on a regular basis due to scheduling difficulties including an overall shortage of personnel. That being said, we were able to identify and make a list of 14 properties that need to be visited to address violations evident from the roadway. Only 1 Hour of time was expended. I recommend we extend the Detail for another month, or simple leave the total one month’s hours (minus 1) in place and remove the specific dates until we can reach the allotted total. I have taken several complaints and information from Town residents alerting us to additional properties and possible violations. We will examine each one to determine if a violation has occurred

As requested the following is a report on the Minnewaska Traffic Detail. Over the 4 Weekend Dates (May 4-5, 11-12, 18-19, 25-26) We were able to provide coverage only on 4 Days (May 11,18,25,26) Several days were rained out and our presence would not have been beneficial or necessary. Also due to scheduling difficulties including an overall shortage of personnel. On the dates we were in service, 31 VTL Tickets, and one Misdemeanor Appearance ticket were issued. Many of these were parking related and have already been pled guilty to, fines assessed and paid. Totals will appear on next month’s report.

EXTENSION OF TIME FOR CONSTABULARY TO CREATE CODE/BUILDING VIOLATIONS DETAIL LIST:
Resolution # 153-2019:

A Motion was made by Councilman Drabkin to extend the duration of hours for the building / code violations.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried

BOARD MEMBER TIME:

Councilwoman Haugen-Depuy: spoke with Denise Woodbine to gather information regarding measles at camps and immunizations records.
Councilman Drabkin: stated he drove passed the deep hole there was a car there parked on the road. We are coming up on swimming season maybe the constabulary can patrol it.
Supervisor Baden stated that the Constabulary will make patrols in the area.

PUBLIC COMMENT:

Zorian Pinsky: addressed the Board regarding no Town code for property maintenance. Mr. Pinsky read highlights of the state code regarding the issue and urged the Town to put one in place.
Attorney Christiana: stated this is incorporated in Town code under general fire/building code.
Supervisor Baden: Thanked Mr. Pinsky for the information and will follow up on it.

AUTHORIZING CHIEF CONSTABLE TO WORK WITH FIRE DISTRICT:
Resolution # 154-2019:

A Motion was made by Councilman Drabkin authorizing Chief Constable Miller to work with the fire district on retrieving uniforms & various equipment.
Second: Councilwoman Haugen-Depuy
Discussion: Supervisor Baden stated the Board received a letter from the Board of Fire Commissioners asking for assistance of the Town Constables to deal with personnel matters of collecting gear from past members. The cost of the gear is approximately $ 4,000.00 per firefighter. Numerous letters have been sent with no response.
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent

HIGHWAY DEPARTMENT TO ASSIST PALENTOWN CEMETERY ASSOCIATION:
Resolution # 155-2019:

A Motion was made by Councilman Drabkin to assist in roadway maintenance at the Palentown Cemetery. This will consist of 2 highway employees for 2 days plus equipment.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent

ABANDONED SEWER DISTRICT- MEADOW LANE:

Supervisor Baden met with a resident on Meadow lane to discuss the potential formation of a sewer district to serve 8 residences on Meadow Lane that currently share a community septic.
Supervisor Baden stated the current system is approximately 40 years old and the ownership and responsibility of the operation of the system has changed hands over the years. The homeowners have been paying the cost and will continue to pay the cost but hoped with the support of the Town that any future needed improvements to the system can be properly implemented.
Councilwoman Haugen-Depuy stated she needed more information.
Supervisor Baden asked the Board if they want him to find out more information about the existing system?
The Board agreed that they are not interested at this time to research it further.

GENERAL CODE SUPPLEMENT ESTIMATE:
Resolution # 156 -2019:

A Motion was made by Councilman Drabkin to approve the supplementation presented by General Code for up to $ 795.00.
Second: Councilman Hewitt
Discussion: Supervisor Baden stated that this is additional information that the Town Board has done since the contract with General Code. By approving this we will be current up to Local Law # 2 of 2019.
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent
Discussion/Resolutions

2019-2020 ABRAVISE SAND BID:
Resolution # 157-2019:

A Motion was made by Councilman Drabkin directing the Town Clerk to advertise seeking sealed bids for abrasive screened sand for winter road use. Specifications of bids are available at the Town Clerk Office and on www.townofrochester.ny.gov. Bids are due on or before June 28, 2019 at 11:00am at the office of the Town of Rochester Clerk, PO Box 65 / 50 Scenic Road, Accord, New York 12404 where they will be opened and read aloud. A non-collusion form and certified testing results shall be included as a part of the bid package. The Town Board has the right to reject any and all bids.
Specifications
1. The sand shall be hard with 100% passing 3/8″ screen, not more than 15% passing #50 mesh and not more than 4% passing #200 mesh and must be readily usable in spreading equipment.
2. Certified testing results shall be submitted as a part of the bid package.
3. The bidder’s attention is called to the fact that if scales are not available at plant site, the bidder must state conversion factor-weight per cubic yard on bid conversion sheet.
4. Sand is to be made available for pickup by trucks designated by Town of Rochester authorized entities and operated by authorized personnel.
5. Bid prices shall be priced per ton only, variations will not be accepted.
6. Bids shall be guaranteed valid for a period of 1 year from award date of bid.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent
ACCEPTING QUOTE AND AUTHORIZING THE SUPERVISOR TO CONTRACT FOR TRANSPORTATION SERVICE-SUMMER YOUTH PROGRAM:
Resolution # 158-2019:

A Motion was made by Councilman Drabkin to accept the quote from First Student to provide transportation services to the Town of Rochester for up to 18 days of trips in conjunction with the Summer Youth Program and authorizes the Supervisor to enter into a contract for the services.
Quotes
Birnie Bus $100.00/hr 128 hours $12,800.00
First Student $61.08/hr 128 hours $7,818.24
Tonce Transit $85.00/hr 128 hours $10,880.00
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
ACCEPTING A QUOTE AND AUTHORIZING SUPERVIOSR TO PURCHASE EQUIPMENT:
Resolution # 159-2019:

A Motion was made by Councilman Drabkin to accept the quote from tractor supply and authorizes the Supervisor to purchase a 6-foot Rotary Cutter with expenditure to be made from General Fund budget code AA-6-7110.200, Parks, Equipment.
Quotes
Tractor Supply $1499.99, free pickup in store
Westchester Tractor $3828.96, includes shipping
AUTHORIZING THE RECREATION DIRECTOR TO APPLY FOR A GRANT:
Resolution # 160-2019:

A Motion was made by Councilman Hewitt authorizing the Recreation Director to apply to the NYS Department of Conservation, on behalf of the Town of Rochester, for a grant for the Connect Kids to Parks to fund transportation to State Parks for the Summer Youth Program.
Second: Supervisor Baden
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent

ACCEPTING DONATIONS:
Resolution # 161-2019:

A Motion was made by Councilwoman Haugen-Depuy accepting donations of $100 from Marlene Dunn, $50 from Alan & Arlene Levine for Mother’s Day Brunch flowers, and $39 in miscellaneous cash contributions and directs the Supervisor to deposit the funds in General Fund account, revenue line AA-4-2705.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent
AUTHORIZATION OF TRANSFER OF FUNDS:

A Motion was made by Councilwoman Haugen-Depuy to approve resolutions 162 & 163 of 2019:

Resolution # 162-2019:
Authorizing the Supervisor to Transfer Funds – Grant Fund Checking (A) Fund Balance Reconciliation
Upon recommendation of the Town accounting consultant, the Town Board authorizes the Supervisor to allocate $5,876.49 as unappropriated fund balance and transfer that amount from cash balance “grant fund” checking to general checking. The source is historical accumulated balance including interest, as calculated as of 12/31/2018 by the town accounting consultant.
Resolution # 163-2019:
Authorizing the Supervisor to Transfer Funds – Street Lighting Fund
Upon recommendation of the Town accounting consultant, the Town Board authorizes the Supervisor to establish a new street lighting checking account and, once established, transfer $9,050.96 from General Fund to Street Lighting account. The source is street lighting fund balance, as calculated as of 12/31/2018 by the town accounting consultant.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent

AUTHORIZING THE SUPERVISOR TO PRE-PAY CREDIT CARD BILL:
Resolution # 164-2019:

A Motion was made by Councilman Drabkin authorizing the Supervisor to pre-pay the Bank of America credit card billing statement due June 13, 2019 in the amount of $1002.54 prior to the June audit meeting, subject to audit by the Town Board.
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, as amended by Resolution 377-2018
Resolution # 165-2019:

A Motion was made by Councilman Drabkin that the Town Board amends resolution 358-2018, adopted Nov. 1, 2018, as amended by resolution 377-2018 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.
“The Town Board accepts the addition of August 10, 2019 to 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
AUTHORIZING THE SUPERVISOR TO SEND NOTICE OF PUBLIC HEARING-
Ulster County Agricultural and Farmland Protection Board
Resolution # 166-2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board authorizes the Supervisor to send notice of the Ulster County Legislature public hearing to be held at the Ulster County Legislature on June 18, 2019 on the 6th floor of the county office building at 7:05pm.to Town of Rochester bounding owners of parcel 76.2-2-10 – Farm Preservation NY, LLC – 5688 Route 209, Accord, NY upon recommendation by the Ulster County Agricultural and Farmland Protection Board for the parcel to be included in a state certified agricultural district.
Second: Councilman Hewitt
Aye: 3 nay: 1(Drabkin) abstain: 0 motion carried
Fornino-absent
CHANGE IN WORKSHOP MEETING TIME: – Amendment to resolution 73-2019 (amending resolution 3-2019):
Resolution # 167-2019:

A Motion was made by Councilman Drabkin that the Town Board amends resolution 73-2019 removing the words “at 7:00pm”. The Workshop meeting will immediately follow the Audit meeting effective with the June 2019 Audit/Workshop meeting.
“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: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent

COALITION OF WATERSHED TOWNS NOMINATIONS OF ELECTION TO EXECUTIVE COMMITTEE:
Resolution # 168-2019:

A Motion was made by Councilman Drabkin authorizing the Supervisor to place into nomination the names of member Peter Friedel and alternate member Drew Boggess, Town of Olive Councilpersons, for 2-year seats on the Executive Committee of the Coalition of Watershed Towns.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent
APPOINTMENT OF CHAIRPERSON OF THE HISTORIC PRESERVATION COMMISSION:
Resolution # 169-2019:

A Motion was made by Councilman Drabkin appointing Lindsey Arnold to serve as the chairperson of the Historic Preservation Commission.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent
APPOINTMENT OF CO-CHAIRPERSON OF THE ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 170-2019:

A Motion was made by Councilman Drabkin to appoint Madeline Russo to serve as the co-chairperson of the Environmental Conservation Commission.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent

TRANSFER STATION STORAGE BUILDING BID:
Resolution # 171-2019:

A Motion was made by Councilman Drabkin The Town Board directs the Town Clerk to advertise seeking sealed bids for demolition of existing and construction of a storage building. Specifications of bids are available at the Town Clerk Office and on www.townofrochester.ny.gov. Bids are due on or before July 11, 2019 at 11:00am at the office of the Town of Rochester Clerk, PO Box 65 / 50 Scenic Road, Accord, New York 12404 where they will be opened and read aloud. A non-collusion form shall be included as a part of the bid package. The Town Board has the right to reject any and all bids.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino-absent
ADJOURNMENT:

A Motion was made by Councilman Drabkin to adjourn the meeting at 8:00pm.
Second: Councilman Hewitt motion carried

RESFECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLEK