The March 5, 2020 Regular Town Board Meeting was held at 6:30pm at the Harold Lipton Community Center.

PRESENT:

Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Attorney Christiana

PLEDGE:

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

MEETING CALENDAR:
March 9 Planning Board Regular Meeting Harold Lipton Community Ctr 7pm
March 12 Environmental Conservation Commission Harold Lipton Community Ctr 6:30pm
March 17 St. Patrick’s Day Free Luncheon Harold Lipton Community Ctr 11:30am
March 17 Ulster County Legislature County Office Bldg., Kingston 7pm
March 11 Youth Commission Harold Lipton Community Ctr 9:30am
March 19 ECC 3rd Thursday Nature Series Accord Firehall 6:30pm
March 19 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
March 23 Historic Preservation Commission Harold Lipton Community Ctr
March 26 Town Board Audit/Workshop Meeting Harold Lipton Community Ctr 6pm
March 30 Planning Board Workshop Harold Lipton Community Ctr 6:30pm
April 2 Town Board Regular Meeting Harold Lipton Community Ctr 6:30pm

SUPERVISOR’S REPORT:

Feb. 2020 – Filed with the Town Clerk
Feb 2020 receipts received from the Town Clerk’s office $ 31,308.99
Oct -Dec. 2019 Sales Tax receipts $ 42,783.84
Jan. 2020 Sales Tax receipts $ 6,404.15
2019 Charter Spectrum Franchise Fee $114,891.81

TAX COLLECTOR’S REPORT:

During the month of February the following was collected for taxes: $ 374,379.15
$ 370, 796.69 base taxes
$ 3,582.46 penalties

$ 16,823.53 in cash payments over the counter
$ 205.36 in credit card payments
$ 357,350.26 in personal check payments

County tax warrant in the amount of $ 2,854,785.50 was paid on 2/20/20 check 2181
A balance of $ 2,000,000.00 is due to be collected.

LIQUOR LICENSE APPLICATION FILED:

Colony House NY LLC
StoneHill’s Farm house
77 Mill Hook Rd
Accord, New York 12404

ATTORNEY FOR THE TOWN REPORT:

Attorney Christiana is working on the contract with the Food Pantry.
Supervisor Baden stated he was going to check with general code to see if the Town can get a small extension, otherwise the Board may have to schedule a special meeting this month.

SUPERVISOR UPDATE/ CORRESPONDENCE REPORT:
2019 Data Real Property data report shows the Town of Rochester having the lowest Town and Highway taxes. Based on a 200,000 assessed value it averages $ 429.45 a year in Town and Highway tax. The Town of Marbletown is the closest with $ 454.00.

2020 Tax Warrant Extension has been filed

Connor Nelson a 13 year old Town Resident sent a request to the Town Board to consider building a skate park at the Town Park. Currently the closest location is either Gardiner or Saugerties.

NYSDEC Notice of Jurisdiction was approved for Old Minnewaska Trail Town Rd Bridge/ Culvert.

CORRESPONDENCE FORM STATE COMPTROLLER RE: JUSTICE COURT:

State Comptroller’s office sent notice that they have yet to receive the December 2019 monthly report for Justice Babcock.
Councilwoman Haugen-Depuy stated she would check in with the Court on Monday.

The Notice of Tentative Special Franchise full value was submitted, there was a decrease in the Time Warner Cable Franchise.

Office of the Attorney General submitted a check to the Town of Rochester in the amount of
$38.32. This was in regards to DRAM antitrust litigation where government agencies overpaid for computers during the period of 1998-2002.

Catskill watershed corporation annual meeting will be held April 7, 2020 at their corporation building in Margaretville, NY.

DEPARTMENT UPDATES/ LIAISON REPORT:
Councilwoman Haugen-Depuy: Planning Board/ZBA: $ 300.00, $ 1,200.00 Planning Board,
$ 35.00 other various fees.
Building Dept.: $ 3,463.70, C/O $ 1,595.00 for a total of $ 5,058.70.
Court: the new roof is completed, despite the men being harassed on the roof while working on the Town pitched roof. Our deepest apologizes of behalf of the Town.
Supervisor Baden stated the guys went above and beyond, he made minor repairs at no additional cost to the Town.
Councilman Paddock: the recreation department has the St. Patrick’s Day luncheon scheduled for 3/17/20. We have 82 pre-registered and expecting at least another 20 to attend.
On March 13-14th we plan to mark out the baseball field. March 19th Councilman Paddock will be doing a preliminary walk through of the park to see what equipment is needed and a generalized wish list.
There is a bus trip scheduled for 4/8/20 to the NYS Museum in Albany. April 1, 2020 sign-ups for the Summer Program begin at 9 am sharp. 4/7/20 exercise/innercise class will begin.
Supervisor Baden: Assessor’s office report; 2020 update projects: notices will be going out in early March notifying homeowners of their assessment changes. During the month of March and April the Assessor will be meeting with residents to discuss their assessments. Grievance Day will be May 28, 2020.
Councilwoman Enouen: during her visits at the Transfer Station she noticed very few people recycling properly. Residents have been receptive to learning proper ways to recycle and gave her great ideas for signage.

HIGHWAY SUPERINTENDENT REPORT:

Nothing to report at this time.

CHIEF CONSTABLE REPORT:

As requested the following is a report on the Building and Zoning Violation Detail. Over the Month of February, 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 4 additional properties 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.

In addition to the attached Court Security schedule the Constabulary answered 11 direct calls for service and other duties in February of 2020. These included: •8 Neighbor to Neighbor and Quality of Life Complaints•2 Resident Traffic Complaints (Old King’s Hwy, Granite Rd) •3 Environmental Complaints, (Lwr. Granite Rd., Van Tine Rd. and Queens Hwy.) •10 Building Department Violations•0 New Court Cases Opened•17 Court Proceedings Remain Open•0 Court Proceedings Closed Interesting Occurrences: During the month, we received additional complaints from many residents regarding garbage being dumped at various places around the Town. We received a complaint from multiple sources regarding squatters living in condemned house. Upon arrival at the dwelling there were 6 individuals living in the unsafe house including 2 young minors. Contact information was given to them about various County agencies that would assist them in locating both emergency and long term housing. We offered to contact the agencies on their behalf if they had no place to go at that time. They vacated the premises. Unsafe building signage supplied by the Building Department was affixed to the dwelling. The Accord Fire Chief has been having issues with illegally parked cars in their main lot, despite the new signage, making access difficult for personnel in an emergency. In addition, we have received several complaints from multiple residents regarding trespasser’s on their property.

PUBLIC COMMENT:

Len Bernardo told Supervisor Baden he can look into participatory sporting insurance regarding a skate park. Regarding a server; it is imperative for the Town to get a server at Town Hall. After reading an article in the Blue Stone Press last month it is paramount that the Town Employees feel safe. Interview employees, talk to them, this behavior is not acceptable, you have Town employees screaming for help. I was shocked to see the Board appoint a resident to the Code taskforce / zoning committee. I urge you to read an article from the daily Freeman dated 7/12/17 where that resident you appointed used vulgar language as a planning board member and later was suspended.

Barbara Fornal letter attached

Meg Smith stated Barbara Fornal did her homework. You are using Courthouse grant money to build a constabulary building. The Constables are not trained in Code Enforcement, there are liability concerns and a divide in this Town that you are not getting.

Mike Malarczyk stated it was reported in the paper that the Town Constables have psych exams, however through FOILing the Town has nothing on record. It is important to have this done. We have constables riding around with guns. I also know that Rich Miller has conducted illegal background checks on 2 people without cause which is illegal.

Bill Barringer asked why the rapid change to move the meetings to the Community Center.

Gerry Fornino asked that everyone keep Harold Lipton in their prayers as he is gravely ill.

Supervisor Baden stated that if it wasn’t for Harold we wouldn’t be in this very room we are holding our meeting tonight. Because of Harold’s vision and determination we have the Community Center. He is in our thoughts.

Zorian Pinsky submitted public comment by e-mail see attached.

BOARD MEMBER TIME

Councilwoman Haugen-Depuy responded to Len Bernardo’s public comment stated that she told Mr. Dawson that she supported the decision to place him on the Board because of his knowledge and he will be held accountable and expected to treat everyone as if they were his Mother. Councilwoman Haugen-Depuy stated that she would hold him to that.

Supervisor Baden stated that discussion’s regarding converting the Town Hall meeting room into offices have been on-going for over a year. We are simply out of space and we have an employee with health concerns. There were no cover-ups, this wasn’t a rash decision, we looked into it found it to be inexpensive and moved quickly from February to March.

DISCUSSION:

ACCORD FIRE DISTRICT REQUEST:

The Accord Fire Commissioners asked for assistance by the constabulary regarding issues with cars parking in the front parking area for fireman parking only. Supervisor Baden stated that since it is private property there might be a problem. Attorney Christiana stated she can look into it further.

WATERSHED EDUCATIONAL PARK:
Resolution #87 -2020:

A Motion was made by Councilman Hewitt to contract with Center of Bioregional Living LLC to move forward with phase 1 of the 34 acre watershed educational park for $2,600.00.
Second: Councilman Paddock

Attorney Christiana stated that it should include what they are going to do.

AMEND RESOLUTION # 87-2020:

A Motion was made by Councilman Hewitt to amend resolution # 87-2020 to read as follows
That the Town of Rochester will contract with Bioregional Living LLC to complete proposed scope of phase 1 work to the 34 acre Town land. It will start with the research of all species on the property, layout for trails, focus on rare locations of the properties, access needs of planting, signage, sitting and observations areas, steps or switchbacks.
Second: Councilman Paddock
Discussion:
Councilwoman Haugen Depuy: should this include the location of the property.

AMEND RESOLUTION # 87-2020:

A Motion was made by Councilman Hewitt to amend resolution # 87-2020 to read as follows that the Town of Rochester will contract with Bioregional Living LLC to complete proposed scope of phase 1 work to the 34 acre town land located at 6140 Route 209, Kerhonkson, NY 12446 It will start with the research of all species on the property, layout for trails, focus on rare locations of the properties, access needs of planting, signage, sitting and observations areas, steps or switchbacks.
Second: Councilman Paddock
Discussion: Supervisor Baden stated that it’s a reasonable price, and after seeing Mr. Faust presentation we have a lot of opportunity here. We probably don’t even understand all the opportunity we have with this project, but it’s a reasonable price to possibly create a walkable Town trails network.
Councilwoman Enouen: what exactly are we getting? A report? A map? What’s the end result with the Town expenditure?
Councilman Hewitt: It will be all maps, and some clearing of the trails. It will access all planting.
Supervisor Baden: This gentleman will lay out the trails network, there are some exist animal or people trails, natural that are built throughout the area he will flag and mark them and improve the trails.
Councilman Hewitt will work him to clear the proposed route but without creating the trail. Just so we can walk it easier. It will include both a map and a narrative.

Attorney Christiana suggested that be included in the phase 1 work.

AMEND RESOLUTION # 87-2020:
A Motion was made by Councilman Hewitt to amend resolution # 87-2020 to read as follows
that the Town of Rochester will contract with Bioregional Living LLC to complete proposed scope of phase 1 work to the 34 acre town land located at 6140 Route 209, Kerhonkson, NY 12446. This phase will include with the research of all species on the property, layout for trails, focus on rare locations of the properties, access needs of planting, signage, sitting and observations areas, steps or switchbacks and at the completion of phase 1 present maps and narrative to the Town Board.
Second: Councilman Paddock
Discussion: Supervisor Baden asked if the Board will have conversation in the mapping about parking areas and other things.
Councilman Hewitt that would be included.

AMEND RESOLUTION # 87-2020:
A Motion was made by Councilman Hewitt to amend resolution # 87-2020 to read as follows
that the Town of Rochester will contract with Bioregional Living LLC to complete proposed scope of phase 1 work to the 34 acre town land located at 6140 Route 209, Kerhonkson, NY 12446. This phase will include with the research of all species on the property, layout for trails, focus on rare locations of the properties, access needs of planting, signage, sitting and observations areas, steps or switchbacks and parking. Furthermore at the completion of phase 1 present maps and narrative to the Town Board.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

RFP –BUILDINGS AND GROUNDS CONDITIONS VENDOR:

Supervisor Baden gave draft versions for a RFP for Architectural/engineering services 2020 building condition survey. He asked the Board to review the survey and they can talk about it more at the workshop meeting.

PROCURMENT POLICY:

The Board received a draft version of the Procurement policy.
Councilwoman Enouen asked Supervisor Baden to explain the process of individual responsible for purchasing section.
After the Board reviewed the section wording was changed. The Board will continue to review at the workshop meeting.

ROCHESTER CONSTABLE ASSESSMENT REPORT:

Supervisor Baden stated back in November the Town Board hired consultant Peter Volkmann to review the Constabulary program. The 4 page report contained a number of recommendations. The Town Board agreed to discuss the constable assessment review in depth at the workshop meeting once Attorney Christiana reviews it regarding anything confidential.

RESOLUTIONS:

ACTION ON MINUTES:
Accepting the minutes of the meetings listed;
• Feb. 6, 2020 Regular Meeting
• Feb. 6, 2020 Public Hearing: Local Law 1-2020
• Feb. 27, 2020 Audit/Budget Workshop Meeting
Members on the Board were unable to review the minutes ahead of time and decided to table the minutes until next month. A draft version will be posted on the website.

ACCEPTANCE OF DONATION:
Resolution # 88-2020:

A Motion was made by Council woman Haugen-Depuy authorizing the Town Supervisor to accept donations of $62.08 from St. Pauley Textile.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE HIGHWAY SUPERINTENDENT TO PURCHASE EQUIPMENT:
Resolution #89-2020:
A Motion was made by Councilwoman Enouen upon the providing of 3 quotes from vendors utilizing the Onondaga County Bid listing, the Town Board authorizes the Highway Superintendent to purchase two (2) dump bodies to be installed as replacement for two (2) town highway trucks from T& T sales in the amount of $ 37,176.00 per truck body and installation subject to the conditions and terms of the quote.
Second: Councilman Hewitt
Discussion: Councilman Paddock asked the Highway Superintendent why he thought the first quote was so much lower than that other 2 quotes.
Highway Superintendent Frey stated that he himself was perplexed by the range of quotes, but it is the exact same truck bodies at each location.

Quotes (for 1 truck body)

$37,176.00 T&T Sales, Inc. 411 Old Niskayuana Rd, Latham, NY 12110
$49,530.15 Viking Cives (USA) 14331 Mill St, Harrisville, NY 13648
$48,000.00 Tracey Road Equipment, Inc. 115 Railroad Ave, Albany, NY 12205

Aye: 5 nay: 0 abstain: 0 motion carried

PUBLIC HEARING LOCAL LAW 2-2020:, Establishing Best Value Procurement
Resolution # 90-2020:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board sets a public hearing date for Local Law 2-2020, Establishing Best Value Procurement, to be held at 6:30pm on April 2, 2020 at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY and requests the Town Clerk post and advertise legal notice of such public hearing.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried

SEQRA REVIEW:
Resolution # 91-2020:

A Motion was made by Councilwoman Haugen-Depuy and seconded by Councilman Paddock to declare Local Law 2 of 2020, Establishing Best Value Procurement as being an Unlisted Action under SEQRA and to declare a Negative Declaration, having reviewed Part 1 and 2 of the Short Form Environmental Assessment Form and determining that Local Law 2 of 2020 will not result in a significant adverse environmental impact and consequently no EIS will be prepared.

ROLL CALL VOTE:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
Aye: 5 nay: 0 abstain: 0 motion carried

APPOINTMENT OF MARRIAGE OFFICER:
Resolution # 92-2020:
A Motion was made by Councilwoman Haugen-Depuy;

Whereas, The Town Board has received written request by Bethany Dennin, residing at 24 Dennin Lane, Accord, NY 12404, to be appointed a temporary Town Marriage Officer;

Whereas, the Town Board has established Bethany Dennin to be a resident of the Town of Rochester and eighteen years of age or over;

Therefore, Pursuant to Article 3 §11-C of the NYS Domestic Relations Law, The Town Board, appoints Bethany Dennin to serve as a Town of Rochester Town Marriage Officer for the date April 5, 2020 and authorizes her to have the authority to solemnize a marriage within the jurisdictional bounds of the Town of Rochester.
Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

REQUEST FROM RECREATION DEPARTMENT:
Resolution # 93-2020:
A Motion was made by Councilman Paddock authorizing the Recreation Department to expend up to $500 for the purposes of conducting adult oil painting classes.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

REAPPOINTMENT OF A TOWN EMPLOYEE:
Resolution # 94-2020:
A Motion was made by Councilwoman Haugen-Depuy The Town Board reappoints James Murphy to the position of Constable, Probationary (PT), Provisional, in accordance to the adopted Salary and Wage Schedule, to serve until December 31, 2020, subject to the pleasure of the Town Board or as mandated by New York State statute, contingent on completion of any qualifications or certifications as may be required to fulfill the position.
Second: Councilman Hewitt
Discussion: Supervisor Baden stated that James missed the oath of office because he has been out on workman’s comp case from his other job.
Aye: 5 nay: 0 abstain: 0 motion carried

REQUEST TO APPLY FOR A LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) GRANT:
Resolution # 95-2020:

A Motion was made by Councilman Hewitt that the 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 InStream, 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 and to purchase a large format scanner. The Town is under no obligation to contract with Instream in any way should the grant be not approved.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

REAPPOINTMENT TO THE BOARD OF ASSESSMENT REVIEW:
Resolution # 96-2020:

A Motion was made by Councilwoman Haugen-Depuy to appoint Elaine LaFlamme to the Board of Assessment Review with a term to expire 9/30/2024.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried

REAPPOINTMENT TO THE PLANNING BOARD:
Resolution # 97-2020:

A Motion was made by Councilwoman Haugen-Depuy to appoint Maren Lindstrom to the Planning Board with a term to expire 12/31/2026.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried

PERMISSION TO APPLY FOR TRANSPORTATION GRANT:
Resolution # 98-2020:

A Motion was made by Councilwoman Enouen granting the Recreation Director permission to apply for transportation grants to various NYS Parks for the summer program.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

MEMORIALIZING RESOLUTION OPPOSING MERGER NYS THRUWAY AUTHORITY & BRIDGE AUTHORITY:
Resolution #99 -2020:

A Motion was made by Councilwoman Enouen

WHEREAS, the George Clinton Memorial Bridge (the “Kingston-Rhinecliff Bridge”) spans the Hudson River between the City of Kingston and Town of Rhinebeck; and
WHEREAS, the Kingston-Rhinecliff Bridge and other bridges across the River in the Mid-Hudson region operated by the New York State Bridge Authority serve as vital links for the lives and commerce of numerous residents and businesses located in the Town of Rochester and the County of Ulster who utilize the Bridge crossings of the Hudson River on a daily basis or even more frequently; and
WHEREAS, Governor Andrew Cuomo, in his 2020-21 budget address, has announced legislation to merge the New York State Bridge Authority, which presently operates five bridges across the River, including the Kingston-Rhinecliff Bridge into the New York State Thruway Authority; and
WHEREAS, the proposal would in fact abolish the Bridge Authority when all obligations to the holders of bonds have been paid in full or otherwise fully met and discharged and the Thruway Authority would absorb the Bridge Authority; and
WHEREAS, it has been reported that a federal law, passed in 1987, states that tolls collected on the Newburgh-Beacon Bridge can only be used to operate, maintain and repair the Bridge Authority’s bridges; and
WHEREAS, the Bridge Authority is run efficiently, the bridges are well-maintained and boast among the lowest tolls in the nation; and
1 .. , .• .:;;.

WHEREAS, although the merger proposal has been justified by claims that it will result in operational efficiencies, a primary reason for the consideration of the merger is the NYS Thruway Authority’s announcement of budget deficits which are reported to be growing at an astonishing rate due largely to the costs of the new Mario Cuomo (Tappan Zee) Bridge; and
WHEREAS, the merger would likely in fact negatively affect the Bridge Authority’s Hudson River crossings and lead to our residents and businesses subsidizing the costs of the Thruway Authority’s improvements outside of our area through higher tolls.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Rochester in its capacity as governing body of the Town, does hereby oppose the enactment of the provisions in the Executive Budget of the State of New York for 2020-21 providing for the merger of the New York State Bridge Authority into the New York State Thruway Authority; and
BE IT FURTHER RESOLVED, that certified copies of the Resolution be delivered, by the Town Clerk to the Hon. Andrew J. Cuomo, Governor, the Hon. James L. Seward, Senator for the 51st District, and the Hon. Kevin Cahill, Assemblyman for the 103rd District; and
BE IT FURTHER RESOLVED, that the aforesaid resolutions shall take effect immediately.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried
ADJOURNMENT:
A Motion was made by Councilwoman Enouen to adjourn the meeting at 8:45pm.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

Respectfully submitted,

Kathleen A. Gundberg
Town Clerk

Adjournment