The Regular Town Board Meeting was held on March 1, 2018 at 7:00pm at the Town of Rochester Town Hall.
AUDIT OF MONTHLY BILLS:
At 6:00pm The Town Board reviewed Abstracts 14 of 2017 and 2 of 2018.
PRESENT:
Councilman Drabkin Councilwoman Fornino Councilwoman Haugen-Depuy
Councilman Hewitt Supervisor Baden Town Clerk Gundberg
Attorney Christiana
PLEDGE:
Supervisor Baden opened the meeting and led in the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES:
RESOLUTION #88 -2018:
A Motion was made by Councilwoman Haugen-Depuy to approve the following;
January 25, 2018 Audit/Workshop Meeting,
February 1, 2018 PH Local Law # 1
February 1, 2018 PH Local Law # 2
February 1, 2018 Regular Meeting
February 12, 2018 Special Meeting
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried
CORRESPONDENCE REPORT:
Supervisor Baden apologized to the Board stating that he was working on the February Correspondence and accidently deleted the file.
SUPERVISOR’S REPORT:
Will be filed with the Town Clerk after the approval of the bills and the Bookkeeper prints the report.
PRESENTATION:
John Wackman of Solarize Hudson Valley presented a Certificate of Recognition in leadership and championing the adoption of solar technology to the Town of Rochester Environmental Conservation Commission. This certificate was given by NYSUN which is an Energy Authority working hard to promote a renewable energy economy. A Campaign was put together in Ulster County where three Towns responded, Rochester, Marbletown and Olive. These Towns worked together on the campaign to benefit a cost savings and consumer education. A campaign kickoff was held April 30, 2017 at the Town of Rochester Community Center with workshop meetings in the months to follow. It was a very successful program. In the Town of Rochester 12 homeowners signed up for solar for a total of 128 kilowatts which is an impressive number. In addition Mr. Wackman stated this certificate was not issued with the Community Solar arrays in mind but what the Town has achieved with these Community Solar projects is hands down the best in the County. The Town of Rochester is a leader in the County.
Big Thank you to Chris Hewitt for his help during the process!
Councilman Hewitt thanked John for his passion and education he brought all kinds of people together in the community.
SUPERVISOR’S UPDATE:
Supervisor Baden stated at the Ulster County Supervisors & Mayor’s meeting the Town of Shandaken Supervisor brought to everyone’s attention; The Companion Bills (Assembly Bill 9509 and Senate Bill 7509 ). These bills were placed in the State fiscal plan for the 2018-19 fiscal year relating to the Governor’s message and budget.
Part F. is a concern to Towns with state land. This would have major effects on the Catskill and Adirondack areas. Town of Rochester alone has approximately thirty two million dollars worth of assessed value in state land. If these bills are approved the home rule authority will be taken away granting the State the authority to establish the value of the property. The second part is reference to the Tax Cap. If a municipality or school district chooses to exceed the tax cap, the state will only pay the increase on taxes on what the tax cap would have been if the budget was within the cap. Supervisor Baden urged everyone to contact their State Senator & Assemblyman and stress how bad this can be for any regions that have a lot of State land.
The Town Board will have the official Harold Lipton Community Center dedication on March 31, 2018 at 11 am.
Scenic Hudson is hosting an all day long seminar regarding solar. It’s a $ 25 attendance fee. This seminar is being put together by Town of Rochester resident Rita Shaheen and will be held at FDR Library on March 27, 2018.
The Town received the JCAP grant $ 8,229.99. $ 229.99 is for a shredder and $ 8,000.00 is for renovations to the modular building.
The Office of Economic Development has scheduled an agriculture and agriculture business presentation with a Q & A session on March 20, 2018 at 6pm at the Community Center.
(* this meeting was re-scheduled to April 2, 2018 at 6pm )
The Town Highway Department received 14 violations from the Public Employees Safety and Health Bureau after a September 2017 inspection. Most of the violations were minor but all have been corrected and passed re-inspection.
State Comptroller’s will host a training in orange county in April for those interested please let Supervisor Baden know.
ATTORNEY for the TOWN UPDATE:
PROCUREMENT POLICY AMENDMENT:
The proposed amendment to the procurement policy is in regards to auction purchase of
$ 20, 000.00 limit. This change is well within the State’s statutory limits.
Councilman Drabkin also noticed grammatical & typographical errors that have carried over.
Resolution # 89-2018:
A Motion was made by Councilman Drabkin to adopt the Procurement Policy as amended and also add corrections on Guideline 3A to change FRP to RFP and anywhere it says oral/ fax quotes it should say oral or fax.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried
TOWN FACILITIES USE:
Attorney Christiana stated she is working on it and will have something for the Board to review at the workshop meeting.
KAFAS SHARED SERVICE CONTRACT:
With the guidance of Attorney Christiana Supervisor Baden is negotiating with the rescue squad the shared services agreement. Supervisor Baden stated the snow plowing and ice request was combined with the fact that the Town gives them the $ 22,000.00. There has always been a signed agreement of the $ 22,000.00 but nothing was covered in the written agreement. Supervisor Baden asked the Board to review the contract and plan to vote on it next month.
VINCI FARMS:
Town Attorney Christiana is working with Michael Moriello, Esq. representative for Vinci Farms on a Conservation Easement Agreement for a 4 lot subdivision regarding open space.
The Board agreed to wait until they receive the final document. There is no cost to the Town.
RESIDENT TO AQUIRE TOWN OWNED LAND ON DEJAGER LANE:
The bounding owners would like to acquire a portion of Town owned land that was once part of the County Highway system abandoned to the Town in 1965. It is a wooded shrub area the Town can abandon, the county documents in 1965 state they were abandoning it to the Town. Attorney Christiana stated but with the intension of giving it to the property owners. Attorney Christiana is doing a little bit of research to see how and if we can get this to the adjoining owners and will work with the Highway Superintendent on the issue.
REQUEST FOR UNDEFINED ZONING USE IN THE AR-3 DISTRICT:
Pursuant to §140-8(A) of the Town of Rochester Code.
Michael Moriello, Esq filed a zoning petition for applicant Alex Banner for a zoning amendment to permit woodworking, craftsman, and Artisan uses within the existing AR-3 Zoning District by adaptive reuse if existing facilities situate in the Town of Rochester Parcels SBL 77.1-2-42.120 and 77.1-2-42.130, 2919 and 2921 Lucas Turnpike:
Supervisor Baden stated, “This is a use that is not a home occupation but also not a mass manufacturing. While researching, other Towns have similar definitions in their codes and this could be very viable use in our area. Supervisor Baden’s concern is that it may not fit in every AR-3 property zone.
We can allow an adaptive reuse of the existing building which is 12,000 square ft. This Property is in the AR-3 because it is in the county agriculture district.
Supervisor Baden’s recommendation would be to put this type of use in an AB-3 district which is more business orientated but agriculture based.
DEWITT ROAD DARREN KEITH LITIGATION:
Dewitt Road/ Keith litigation matter: Attorney Christiana asked for a brief meeting with the Board at the end of the regular scheduled Town Board meeting.
LIASION REPORTS:
Councilwoman Fornino: Youth Commission: The St. Patrick’s Day Luncheon will take place on 3/16/2018 from 11:30-1pm. The Kids Easter Egg Hunt will take place on 3/24/2018 starting at 12pm.
Councilman Drabkin stated that there were only a few Library memberships left.
PUBLIC COMMENT:
No comments made.
APPROVAL OF BILLS:
Resolution #90 -2018: Payment of Abstract 14-2017
A Motion was made by Councilman Drabkin to approve payment of Abstract 14-2017 in the amount of
General Fund $ 6,841.52
Highway Fund $ 0.00
Street Lighting Fund $ 0.00
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried
Resolution #91 -2018: Payment of Abstract 02-2018
A Motion was made by Councilman Drabkin to approve payment of Abstract 02-2018 in the amount of
General Fund $ 34,968.06
Highway Fund $ 217,034.95
Street Lighting Fund $ 410.45
Total: $ 252, 413.46
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried
SETTING DATE AND TIME FOR SPECIAL JOINT MEETING RE: NATURAL HERITAGE PLAN:
RESOLUTION #92 -2018:
A Motion was made by Councilwoman Haugen-Depuy The Town of Rochester Town Board will hold a Special Town Board meeting to be held jointly with the Town of Wawarsing Town Board on Tuesday, March 13 at 5:30pm at the Kerhonkson Firehouse, 333 Main St., Kerhonkson, NY and directs the Town Clerk to distribute and post legal notice.
The sole purpose of the Special Meeting is a presentation of the draft joint Rochester and Wawarsing Intermunicipal Open Space/Natural Heritage Plan Project developed by consultants John Mickelson, David Church, and the respective Town Board appointed project teams and to seek public input on the draft. The project report will be placed on the Town of Rochester website and be available in the Town Clerk’s office for viewing.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried
AUTHORIZATION FOR TOWN CLERK TO CONDUCT BUSINESS ON ACCOUNTS:
Resolution # 93- 2018
A Motion was made by Councilwoman Haugen-Depuy designating Kathleen Gundberg, Town Clerk and Christina Ferrara, Deputy Town Clerk to conduct business with Sterling National Bank for accounts #63002202, Tax Collector, #9620002702, DEC account, #38002689, Sound account, and #3000090, Town Clerk
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: abstain: motion carried
ADVERTISEMENT FOR VACANCY ON THE BOARD OF ASSESSMENT REVIEW:
Resolution #94 -2018:
A Motion was made by Councilman Drabkin to authorize the Town Clerk to post notice of a vacancy on the Board of Assessment Review for a term to end September 30, 2020.The notice is to include the requirement under Real Property Law § 523 that “Members shall have a knowledge of property values in the local government” and that training on an introductory and supplementary basis is required.
Letters of interest and qualifications should be submitted to the Town Supervisor or Town Clerk on or before Monday March 26, 2018. Interviews for prospective members will be held at the March 29, 2018 Town Board Workshop Meeting at 7pm.
Second: Councilman Hewitt
Discussion: Councilwoman Haugen-Depuy asked if current members are up to date on training and are they filed?
Supervisor Baden stated yes!
Aye: 5 nay: abstain: motion carried
AUTHORIZATION FOR HIGHWAY SUPERINTENDENT TO APPLY FOR GRANT TO NYS DEPT OF TRANSPORTATION:
Resolution # 95-2018:
A Motion was made by Councilman Drabkin authorizing the Town Highway Superintendent to submit a draft application to the NYS Dept. of Transportation for a Bridge NY grant to fund the replacement of BIN 2224460 located on Boice Mill Road for pre-review. Such application to be prepared by Medenbach & Eggers PC, Highway Superintendent Spano and Supervisor Baden.
Second: Councilwoman Fornino
Discussion: Supervisor Baden stated that he and Highway Superintendent Spano attended the Bridge NY seminar and it was recommended that the Town submit a pre-review application, the application is then scored and recommendations are given, once the Town makes proper adjustments then a final application is submitted. Supervisor Baden also stated that pre-costs cannot be reimbursed by the grant.
Aye: 5 nay: abstain: motion carried
AUTHORIZATION FOR THE TOWN SUPERVISOR TO REQUEST A SPEED LIMIT REDUCTION FOR A TOWN ROADWAY:
Resolution #96 -2018:
A Motion was made by Councilwoman Haugen-Depuy The Town of Rochester Town Board authorizes the Supervisor to coordinate with the Ulster County Dept. of Public Works to submit a request to the NYS Department of Transportation for a reduction of the maximum speed of vehicles on Creek Rd. from 35 MPH to 25 MPH.
Second: Councilman Hewitt
Discussion: Attorney Christiana stated that Highway Superintendent Spano’s original request for a reduction to 15 MPH couldn’t be done because NYS doesn’t allow for a speed reduction 15 MPH or under unless it is in a school zone.
Aye: 5 nay: abstain: motion carried
APPROVAL FOR RECREATION DEPARMENT SUMMER TRIPS:
Resolution # 97A -2018:
A Motion was made by Councilwoman Haugen-Depuy that the Town of Rochester Town Board waives Resolution #44 of 2015, specifying Youth bus travel shall not exceed 70 miles from the Town of Rochester Town Hall, to allow the Recreation Department Summer Program to travel by Town-owned bus to MiSci Museum in Schenectady, NY on August 7, 2018 at a distance of 84 miles and to Via Aquarium in Rotterdam NY on August 23, 2018 at a distance of 86 miles.
Second: Councilman Hewitt
Discussion: The Board agreed that there needs to be a backup plan in place for any trips. Councilwoman Haugen-Depuy asked if the bus can make it this distance.
Supervisor Baden explained that when this resolution was formed the Town owned an older bus and a newer bus since has been purchased.
Councilman Hewitt asked if this was for all trips or these two specifically?
Supervisor Baden stated that it was limited to these two trips.
AMENDING RESOLUTION # 97A-2018:
Resolution # 97-2018:
A Motion was made by Councilwoman Haugen-Depuy that the Town of Rochester Town Board waives Resolution #44 of 2015, specifying Youth bus travel shall not exceed 70 miles from the Town of Rochester Town Hall, to be limited to the following two trips allowing the Recreation Department Summer Program to travel by Town-owned bus to MiSci Museum in Schenectady, NY on August 7, 2018 at a distance of 84 miles and to Via Aquarium in Rotterdam NY on August 23, 2018 at a distance of 86 miles, contingent upon a satisfactory back-up plan giving the ability to transport participants back to the Town of Rochester in the event of a mechanical failure, such backup plan must be approved by the Town Board.
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried
AMENDMENT TO ADOPT ED 2018 BUDGET:
Resolution # 98-2018:
A Motion was made by Councilwoman Haugen-Depuy to amend the adopted 2018 General Fund budget, transferring $2704from line item:
Public Safety AA-6-3097.100 Personal Services New total $23,497
to line item
Justices AA-6-1110.100 Personal Services New Total $114,050
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried
AMENDING WAGE AND SALARY SCHEDULE:
Resolution #99 -2018:
A Motion was made by Councilman Drabkin to amend Resolution # 16 of 2018, amending the 2018 Salary and Wage Schedule as follows;
Line item Constable, Lieutenant – Public Safety – removal of 300 hours @ $12.00 per hour, new total 50 hours @ $12.00 per hour
Budget Reduction – $3600.00
Line Item Constable – Public Safety – addition of new position @ $10.40 per hour – 85 hours
Budget Addition – $884.00 Net Reduction – $2716.00
Line Item Constable – Court – addition of new position @ $10.40 per hour – 260 hours
Budget Addition – $2704
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: abstain: motion carried
APPOINTMENT OF CONSTABLE:
Resolution # 100-2018:
A Motion was made by Councilman Drabkin to appoint James Murphy as a Constable for the Town of Rochester 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.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: abstain: motion carried
APPROVAL TO APPLY FOR LOGGING PERMIT AT 6140 US ROUTE 209:
RESOLUTION # 101-2018:
A Motion was made by Councilwoman Haugen-Depuy that the Town of Rochester Town Board, as owner of record of the parcel known as SBL 76.1-3-17, located at 6140 US Route 209, authorize PV Engineers, PC ℅ Borrego Solar Systems, Inc. to apply on the Town’s behalf for a Logging Permit from the Town of Rochester Code Enforcement Office. The Town of Rochester Town Board further authorizes the Supervisor to attach a letter granting permission to PV Engineers, PC to cut trees and designating the area(s) in which they may be cut.
Second: Councilman Hewitt
Discussion: Supervisor Baden stated that he placed a copy of the map in each Board members folder showing the logging permit area. The reason for this request is that the final approval has not been met by the Town Planning Board and the Town Board is listed as the owners. If the Board doesn’t apply for the logging permit before April 1, 2018 then everything will be shutdown until November 1, 2018 because of the Indiana Bat possibility. Field studies show no bats but we are still required to follow the no cutting lumber timeline. Borrego is asking the Town of Rochester as owner of the property to allow the CEO to allow Borrego to make application to the Code Enforcement Office.
Councilwoman Haugen-Depuy asked why the Town was using this company as opposed to putting it out to bid for the Town.
Supervisor Baden stated that since it is such a small piece ( .93 acres) to be logged Borrego’s engineer will be doing the work.
Aye: 5 nay: abstain: motion carried
REQUEST FOR APPROVAL TO APPLY TO CLOSE NYS DEC MINED LAND RECLAMATION:
Resolution #102-2018:
A Motion was made by Councilwoman Haugen-Depuy that the Town of Rochester Town Board authorizes the Supervisor to contract with Medenbach & Eggers PC to file, on behalf of the Town of Rochester, the closure of the NYS DEC Mined Land Reclamation Permit for Mined Land ID 30569 located at 6140 US Route 209.
Second: Councilman Drabkin
Discussion: Councilwoman Haugen-Depuy asked what was involved in closing the mine? If it is not going to be reclaimed and will be covered with panels is it a matter of paperwork? Is it something the Town can do? Does Medenbach have to do the paperwork?
Supervisor Baden stated the solar panels are the reclamation; the land is being graded and reclaimed. Borrego will do all the physical work for reclaiming but the mining permit is in the Towns name so the Town has to start the paperwork for the closure. Borrego submitted their final grading plan and working with Barry Medenbach. Medenbach will submit the plan and paperwork on behalf of the Town as Engineer. It has to be an engineer to submit the paperwork.
Councilman Hewitt: Why does the letter from Medenbach say no mining changes in the mining activity?
Supervisor Baden stated that was referring to the landfill parcel.
Aye: 5 nay: abstain: motion carried
REQUEST FOR APPROVAL TO APPLY TO RENEW NYS DEC MINED LAND RECLAMATION PERMIT:
Resolution #103 -2018:
A Motion was made by Councilwoman Haugen Depuy The Town of Rochester Town Board authorizes the Supervisor to contract with Medenbach & Eggers PC to file, on behalf of the Town of Rochester, a renewal application for the NYS DEC Mined Land Reclamation Permit for Mined Land ID 30077, located at Airport Road.
Second: Councilman Drabkin
Discussion: Supervisor Baden stated that the current mining permit expired on 2/3/2018 and the Town had to renew it. The paper work was signed on 2/26/2018 prior to this resolution. The Board can amend it or withdraw it but until that decision is made a current permit had to be on file.
The Transfer Station mining permit dates back to the 1960’s pre-dating paperwork. Barry Medenbach has a file for the transfer station mining permit but it doesn’t state any boundary lines. With the help of Borrego, Barry Medenbach & CTMALE (Engineer Co. who monitored the closing of the landfill ) we are trying to determine if the mine is on the old landfill, the 30 acre parcel Borrego is leasing, the small parcel or a combination of all 3. Supervisor Baden would like to see the permit stay open.
Highway Superintendent Spano stated that it is dirt that hasn’t been used in many years, it may not have any value to the Town however if we can keep it open it will be readily available to the Town.
Aye: 5 nay: abstain: motion carried
ADVERTISE FOR TEMPORARY LABORER/ HMEO:
Resolution # 104-2018:
A Motion was made by Councilwoman Haugen-Depuy to authorize the Town Clerk to advertise that the Town of Rochester Highway Department is accepting applications for a temporary laborer/ HMEO at $ 23.99 per hour. All Applicants must have a CDL and resume to be mailed to the Superintendent of Highways.
Second: Councilwoman Fornino
Discussion: Councilwoman Haugen-Depuy asked where the advertisement will be posted? Because she would like those without internet the opportunity to see it and branch further than just our local newspaper.
Councilman Hewitt suggested the almanac, indeed.com, and a small ad in the bluestone press. He would like the Town to not use the Daily Freeman seeing how it’s a corporation.
Supervisor Baden stated that he prefers to use the Shawangunk Journal and indeed.com.
Councilwoman Haugen Depuy stated it still doesn’t fix the problem of those that do not have computer or internet available.
Aye: 4 nay: 1 ( Haugen-Depuy) abstain: Motion carried
DISCUSSION:
Supervisor – Natural Heritage Plan next steps
Supervisor Baden stated that the joint presentation will be held on 3/13/18 at 5:30pm and the goal of the Natural Heritage Plan was to become an addendum to the Town’s Comprehensive Plan.
Town Board – Chapter 140 (Zoning) updates
Supervisor Baden asked the Board if they were ready to start reviewing zoning code changes at the March workshop meeting?
Councilwoman Haugen-Depuy asked if the plan is to explore the whole document?
Councilman Drabkin stated that specific topics were discussed and changes were made and we should pick up where we left off at the October meeting.
BOARD MEMBER TIME
Councilwoman Haugen-Depuy stated that if meetings are going to start at 6:00pm going to 9:00pm is long enough. 3 hours is long enough.
ADJOURNMENT
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:45pm.
Second: Councilwoman Fornino
Aye: 5 nay: abstain: motion carried
The Town Board entered into a meeting with the Town Attorney at 8:45pm.
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk