Town Board Regular Meeting – May 2019

The Regular Town Board Meeting was held at 6:34pm immediately following the scheduled public hearing on proposed local law # 2 of 2019:

PRESENT:
Councilman Brian Drabkin Councilwoman Cindy Fornino
Councilwoman Bea Haugen-Depuy Councilman Christopher Hewitt
Supervisor Michael Baden Deputy Town Clerk Christina Ferrara

ABSENT:
Town Clerk Kathleen Gundberg Attorney Mary Lou Christiana

ADOPTION OF LOCAL LAW 2 OF 2019: GREIVANCE DAY:
Resolution # 127 -2019:

A Motion was made by Councilman Drabkin that the Town Board adopts Local Law 2 of 2019
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

APPROVAL OF MINUTES:
Resolution # 128 -2019:

A Motion was made by Councilman Drabkin accepting the minutes of the meeting as presented;

April 4, 2019 Regular Meeting
April 25, 2019 Audit/Workshop Meeting
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

SUPERVISOR’S REPORT: Filed with the Town Clerk

TOWN CALENDAR:

May 4 RiverSweep– Rondout Creek Clean Up Berme Rd/Sages Loop Rd 10am
May 9 Environmental Conservation Commission Town Hall 6:30pm
May 10 Mother’s Day Brunch Accord Firehouse 10:30am
May 13 Planning Board Harold Lipton Community Ctr 7pm
May 15 Youth Commission Harold Lipton Community Ctr 9:30am
May 16 Trails Committee Town Hall 6pm
May 16 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
May 20 Historic Preservation Commission Town Hall 2pm
May 21 Ulster County Legislature County Office Bldg., Kingston 7pm
May 27 Memorial Day Veteran Park Ceremony Town Hall 11:30am
May 29 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm
June 6 Town Board Regular Meeting 6:30pm

ATTORNEY FOR THE TOWN UPDATE:

Nothing to report.

SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:

The Hudson Valley Resort sold. It was confirmed that this is NOT a not for profit or a religious group. It will remain on the tax roll. The name is Hudson Valley NY Holding LLC. ( They are a real estate company out of Brooklyn that specialize in high end realty with resorts.) Looks to be a good sign.
Earthday: Reconciliation of amount of garbage that was collected: 3,080 lbs of trash and 127 tires. Rail Trail clean-up from the weekend prior 39 tires and 500lbs of trash. The bulk of the tires have been there for approximately 40 + years and small shreds were left. Successful clean up it’s a small price to pay for the transfer station to get our roads cleaned up in the spring. Thank you to all who come out each year and sign up for a road. We couldn’t do it without the volunteers!
UCIDA: In the process of revamping their way of doing business. There has been a realization the local governments are impacted greatly by tax abatements that the IDA give and are revamping their schedule. Want to encourage business but not restrict the local municipality. It averages to be a 70% tax reductions over a ten year period some only produce 15 jobs out of that. It’s a lot of money to lose for the County and School district.
UC Solid Waste Management: reviewing refuse in the county. We can no longer take commercial C/D at the transfer station because of changes in state rules about hauling commercial C/D where the Driver is responsible for whatever refuse is being hauled in their vehicle. The County RRA do not want to put that responsibility on their drivers not knowing what is in the dumpsters that they are picking up. The County is working on their solid waste 10 year plan which must be completed by 2020. The Town of Rochester transfer station brings in the 2nd highest amount of refuse after the City of Kingston.

DEPARTMENT UPDATES/ LIAISON REPORTS:

Supervisor Baden: wasn’t able to finish the April transfer station reconciliation.
Councilwoman Haugen-Depuy: Building Department for the month of April: $ 3,599.00, c/c:
$ 1,625.00, for a total of $ 5, 224.00.
Court is moving along. Supervisor Baden asked if Councilwoman Haugen –Depuy was able to do an accounting reconciliation. The answer was no. Councilwoman Haugen-Depuy said that the court has been very busy, last night there were 78 cases before the judge. Councilman Drabkin asked if the $ 5.00 in the account was resolved. Councilwoman Haugen-Depuy stated that they are still working with the bank on it.
Councilman Hewitt: ECC: Earthday was last week. Supervisor Baden stated the last day of earth day we do a pizza party and Chris makes some darn good pizza! Chris stated he was planning on doing more in the future.

Supervisor Baden: Camp RavTov; working with both the DEC and Department of Health. Supervisor Baden FOILed the information. The Camp was suppose to have constructed their new septic by April 30th they asked for an extension. The County gave them to the end of May. The County was very clear that there will be no more extensions given. If the septic is not completed and functioning the camp will not be granted the operating permit for 2019. They have been working very diligently and doing everything that has been asked so far. We will see where it goes. Some clearing has been done for bus traffic and pull off, and the driveway will be a double lane and provided a drawing of the plan. (this will eliminate the pull off on the side of the road)

PUBLIC COMMENT:

One resident that lives near Camp Rav Tov stated, “ The clearing of the land is starting at 6:30am & flood lights are on all hours of the night. All the cement trucks used by the camp for building the tanks hosed their trucks off in the road at the edge of my property. And yesterday while fixing the well 3 trucks blocked the road for 2 hours down one lane.”
Supervisor Baden stated that things like this please contact the Supervisor and he will address it immediately.
Any communications about measles and the Health Dept.?
Supervisor Baden stated he was in contact with the Town Supervisor in Wawarsing who happened to be in contact with the Health Dept. and suppose to receive an email packet.
We are pushing the Health Dept. to have an answer for us.

Judy Hasbrouck: “Has had an issue with a neighboring property that has been brought before the Code Enforcement office, It’s been almost a year and nothing is done. A camper was parked illegally and dumping was done illegally and I’m not aware of anything being done. Nobody in this Township has the curtesy to return phone calls or respond to my questions. I want to know what the camper is classified as? What’s being done to correct the situation? I’m fed up and I want answers.”
Supervisor Baden stated he will follow up with the Code Enforcement Officer.
Judy Hasbrouck: “I met with you last year and told me it wasn’t your job to correct him for doing his job.”
Supervisor Baden: “ he only has certain authority, the Code Enforcement Officer cannot be told how to enforce his job.”
Chief Miller: “ the property owner in question had to move her mobile home from the camp ground and moved it to the other property she owns. This was done with no permits. The building inspector issued a notice to cure violation with a 14 day cure period that disappeared at the same time the property owner came and complained that chunks of a pool had been dumped on her property. After investigation it was discovered that the property owner requested to have it done and an additional violation was issued by the building department. We currently have 4 violations but the property owner doesn’t live in the area. Both long Island and New Jersey addresses for this woman and nothing. The court appearance ticket has to be served in person.”
Judy Hasbrouck: “Mr. Davis already told me that it is in the hands of the court and out of his hands.”
Chief Miller: “the original violation was served. She has not been available to serve her the additional violations.
Supervisor Baden : “ Chief Miller, Jerry , Councilwoman Haugen-Depuy and himself will have to sit down and talk about this and possible hire a process server to track this resident down.”
Karen Eisenger: “Resident of Queens Hwy and has a similar issue with a neighbor and the conditions they live in. Jerry has done nothing about this. It’s been in the Courts and the Judge let them go.” A photo was issued to the Town Board. There are 38 vehicles on the property, 3 campers, junk everywhere.
Supervisor Baden: “ The Town Board cannot tell the Judges how to rule on the fines. Violation notices have been issued. If the Justices do not fine the people the Town Board cannot do anything about that they are a separate arm of the Government.”
Councilwoman Haugen-Depuy: “Ms. Eisenger has lived there for 5 years, this property has been in violation probably since Harold Lipton served as Judge. I understand her frustration nothing has been done there.”
Chief Miller: “April 3, 2019: 2 new DEC officers took huge amount of photos. The DEC and the Town were ready to issue violations and nobody was home and there hasn’t been anyone home for several weeks.”
Karen: “I see them they are there. He has no job. When I see him there can I call you?”
Chief Miller: “Absolutely”
Supervisor Baden: “We can’t just go in there are clean it up, I wish we could, we don’t have any authority or right. I wish things were as simple as people would like them to be. The Town doesn’t have as much authority as people would think. We are working with the DEC. We have a situation on Van Tine Rd, we are coming up on 2 years since the dumping, I call the DEC once a week and get told its under investigation and can’t talk about it. The last time I spoke with them I got a little more and Attorneys are looking into it.”
Judy: “Can you suggest anyone else we can get to help us?”
Supervisor Baden: “Maybe State Assemblyman Cahill or Senator Seward. They are the authorities over the DEC. It’s a frustration situation.”
Councilman Hewitt: “Both Cahill and Seward are very responsive.”
Karen Eisenger: “What is the reason for the Judges not fining them?”
Supervisor Baden: “ I cannot answer that because I’m not the Judge. They have the full authority over issuing fines. They are the Court system. We have no say how the do their job. You can file complaints to the Regional Court.”
Zorian Pinsky: Discussed a similar situation on Route 209. He presented a photo to the Board and stated that he can’t believe the Town is allowing this to happen and impossible to believe that the Town cannot do anything about it.
Supervisor Baden: “We do not have the authority to do this. I can’t force the Code Enforcer to issue violations.”
Judy Hasbrouck: “Maybe we all should write a letter to the Senator and NYS Assemblyman.
And group together.”
Councilwoman Haugen-Depuy: “I sympathize with them I have a house falling down next to me.
Supervisor Baden: we all can sympathize with them.”
Judy Hasbrouck: asked about a FOIL request. It was stated that it would be looked into.
Meg Smith: “It’s hard for me to comment because I’m confused on what’s on the agenda and what I am going through with Van Tine Rd I haven’t gotten as far as these people that have spoke tonight. I’m flabbergasted and I want to know going forward aren’t we going to try to do something about this problem. We need your help.”
Supervisor Baden: “We’ve discussed at length about this problem and called the DEC about 40-50 times. Your situation is much different.”
Meg Smith: “I’m talking about the code violations that have taken place after the illegal dumping. I am floored to hear that people have gotten violations served and I know these people are as frustrated but they have gotten further than I have. I know a lot of code enforcement and I get frustrated when I hear that the judge won’t assess the fine. If the wheel doesn’t complete we cannot stop it. We need to make the cycle work. We need your help! Chris should make pizza and all us frustrated neighbors get together and have a good time because what a sense of community do I feel tonight. Thank you all for being here!”
Supervisor Baden: “Sadly it is a lot of people that have no consideration for their neighbors. One of the biggest things I get are neighbor to neighbor issues.”
Karen Eisenger: “ I was told that the only way the Judges will enforce the violations is if Jerry will show to court. “When he writes the ticket, does he not have to go to court to back it?”
Supervisor Baden: “You were told wrong information, he is backed by the Town violation.”

RESOLUTIONS:

AUTHORIZING THE SUPERVISOR TO CONTRACT WITH COMMUNITY COMPOST COMPANY:
Resolution # 129-2019:

A Motion was made by Councilman Hewitt that the Town Board authorizes the Supervisor to contract with Community Compost Company, PO Box 1254, New Paltz, NY12561 for the rental of (2) 48-gallon Toters with weekly pickup to commence June 1st for 6 month pilot program.
Second: Councilman Drabkin
Discussion: Councilman Hewitt thanked the Environmental Conservation Commission for entertaining this idea, their proposal and coming up with a list of 9 questions to present to the Community Composting Company. What we learned through this is an average bag of garbage has approximately 30% compost in it, which if we create a free compost program at the transfer station our pull charge can be reduced by approximately 30%. Restaurants are around 90% compost. The Saugerties program has been very successful. The ECC asked if the Town of Rochester residents can save on the final product? This company can sell pallet of bags at whole sale price and this would save tax payers money. We’ve had a lot of residents ask about compost programs.
Councilwoman Haugen-Depuy: Why don’t we join with Wawarsing and create our own compost program or self and mix it.
Councilman Hewitt stated that the compost company would pick up the compost and deliver it to Arrowhead Farm in Kerhonkson. Keeping the waste local. We could potentially have our own. It would cost $ 1600 for the year and we will save 30% on all pulling charges.
Councilwoman Fornino: so are we composting for arrowhead farm?
Supervisor Baden: No, the company we are using is contracted with arrowhead.( North east Farm). What we will spend we will save within the first month. Our normal monthly charges are anywhere from $ 10-14,000. Even if we save 10% it’s worth it.
Councilman Drabkin: I think we could try it but I think the concept of saving is allusive. If I was to bring a bag to the transfer station assuming that I have 100 lbs of solid waste and paying $ 3.50 theoretically we are making a profit on it. This process we would be losing the revenue so we are not saving it is a cost. It is essential. We are coming into the summer season and we will see if the interest of the composting company is significant, then we can consider continuing on.
Supervisor Baden: fair enough, what I propose is a 6 month trial. There is a monthly fee. We will spend the month of May advertising this project. After the 5th month the Board can review to see where we are at and pass a new resolution.
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE CHIEF CONSTABLE TO SCHEDULE CONSTABLES-TOR Code Enforcement Office
Resolution # 130-2019:

A Motion was made by Supervisor Baden;

Whereas; The Town Board has received letter from the Code Enforcement Officer, dated April 16, 2019, requesting the Constables be given the authority to assist the CEO in monitoring and following up on Town Code violations; and
Whereas; Constables are granted such authority pursuant to Town Law, §39 and Town Board resolution 30-2019;
Therefore; The Town Board authorizes the Chief Constable to schedule and provide 20 total work-hours of constable scheduling for the period May 3, 2019 – May 31, 2019 to provide assistance to the Code Enforcement Officer in monitoring and following up on Town Code violations; and
Such scheduling shall be any day from the hours of 9am to 7pm; and
The officers are not further empowered to commence generalized vehicle and traffic patrols during this scheduling; and
The Chief Constable shall report in writing to the Town Board at the June regular meeting of the outcome of this scheduling.
Second: Councilman Drabkin
Discussion: Councilwoman Haugen-Depuy: “I don’t think that every time we address the constables we have to address the fact that their authority is given to them by Town law. It’s an established fact. The Chief Constable is the person who is going to schedule and provide the work hours and we are going to have to double the work hours because the constables have to work in sets of 2.”
Supervisor Baden: “I don’t see the need for 2 constables for issuing building code violations.”
Councilwoman Haugen-Depuy: “I thought that was for safety purposes. We discussed this when we were first discussing Constables at all. The period of May 3-31st? Are we going to visit this every month? Why can’t we do it for a period of May 31st to the end of summer?”
Supervisor Baden: “ I want to do a big push at the large violations that are out there, reassess it and then decide. I don’t want a generalized go out and look for it, we can change the number of hours of the constabulary if the Board wishes to do so.
Councilwoman Haugen-Depuy: just tonight it has already been established by 3 or 4 families. If we are just giving the constabulary 30 days they may not be able to serve violations to those they have been looking for.”
Supervisor Baden: This particular resolution is above and beyond regular day to day authorities the constabulary has. When CEO issues violations the Constabulary already has the authority separate from this resolution. This resolution is giving the constabulary the authority to go out and search for the violations. It’s taking Jerry out of the picture. This is a special task force to go out and find the big problems and fix them.”
Councilwoman Haugen-Depuy: “ So if I’m reading this correctly the officers are not empowered to commence generalized vehicle and traffic violations?” So if Jane Doe runs through a stop sign they have to ignore it?”
Supervisor Baden: “No. We can re word it. I don’t want during this 20 hours of code enforcement work the constables sitting waiting for traffic violations, I want all 20 hours to be code enforcement. But I don’t want it to become a random combined road patrols/ Code enforcement.”
Councilwoman Haugen-Depuy: “Every month the Chief Constable turns in a report so he can submit his report with this included. Why do we have to be so wordy?”
Councilman Drabkin: for amendment purposes, in the Whereas, I would eliminate B. In the Therefore, I would eliminate B C and D.

AMENDED MOTION # 130-2019:

A Motion was made by Supervisor Baden and seconded by Councilman Drabkin;

Whereas; The Town Board has received letter from the Code Enforcement Officer, dated April 16, 2019, requesting the Constables be given the authority to assist the CEO in monitoring and following up on Town Code violations; and
Therefore; The Town Board authorizes the Chief Constable to schedule and provide 40 total work-hours of constable scheduling for the period May 3, 2019 – May 31, 2019 to provide assistance to the Code Enforcement Officer in monitoring and following up on Town Code violations;

Discussions:
Supervisor Baden: “For the task force I do not want them working past dark, I want it to be daylight hours. I don’t want us out patrolling the roads at midnight like we have in the past.
Councilman Drabkin: “This specific task force I don’t see why this should be any necessity to be out there at night. But what’s the difference?”
Supervisor Baden: “Last year I was not specific with Camp Rav Tov. Because I wasn’t clear ,assumptions were made I am faulting myself for not being clear. I want a specific report on the task force.”
Councilwoman Haugen-Depuy: “Every time we talk constables we talk money. They have already brought in more than they expended in 3 years, and we are constantly on them about money. If you want them to do a job give them the time and means to do it. I understand the traffic violations you don’t want them on patrol but at some point you have to let this man do his job. He is perfectly capable of scheduling his men and let him do it.”
Supervisor Baden: “We have a financial responsibility to set the hours.”
Councilwoman Haugen-Depuy: “Every day we do and every day I will agree money but in this instance they brought in revenue that they are still using from 2 years ago and every time they were asked to do a job they did it because the money would come into the Town of Rochester. At some point we have to look at the scales and balance it out and say they are going to do this and get a better return on that so the money balances.”
Councilman Drabkin: “We should leave this the way it is for the month of May.”
Supervisor Baden: the amended motion was to remove b in the whereas, b, c and d in the therefore and changing the total hours to 40 hours.

Chief Miller: In the wording, you just talked about the Constabulary issuing violations based on these laws but according to the wording in the resolution monitoring and following up doesn’t say we should issue them.
Supervisor Baden: stated the letter from CEO says assisting in monitoring and following up. We will amend the wording, “ in issuing monitoring and following up.”

AMENDED MOTION # 130-2019:

A Motion was made by Supervisor Baden and seconded by Councilman Drabkin;

Whereas; The Town Board has received letter from the Code Enforcement Officer, dated April 16, 2019, requesting the Constables be given the authority to assist the CEO in issuing , monitoring and following up on Town Code violations; and
Therefore; The Town Board authorizes the Chief Constable to schedule and provide 40 total work-hours of constable scheduling for the period May 3, 2019 – May 31, 2019 to provide assistance to the Code Enforcement Officer in monitoring and following up on Town Code violations;
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE CHIEF CONSTABLE TO SCHEDULE CONSTABLES– Minnewaska State Park Preserve
Resolution # 131-2019:

A Motion was made by Councilman Drabkin that;

Whereas; The Town Board has received email from Eric Humphrey, Park Superintendent, dated April 30, 2019, requesting the Constables be given the authority to assist the Minnewaska State Park Preserve with enforcement of illegal parking on the highway on 44/55 every fair-weather weekend May through October in the vicinity of Minnewaska’s main entrance heading west towards the Jenny Lane Area; and
Constables are granted such authority pursuant to Town Law, §39 and Town Board resolution 30-2019;
Therefore; The Town Board authorizes the Chief Constable to schedule and provide 1 constable 4 total hours of scheduling for each Saturday and provide 4 total hours of constable scheduling for each Sunday for the period May 4, 2019 – October 27, 2019, to provide assistance to the Minnewaska State Park Preserve in enforcement of illegal parking; and
a. Such scheduling shall be at a mutually agreed upon time between the Park and the Chief Constable, not to exceed 4 hours shift per day; and
b. The officers are not further empowered to commence generalized vehicle and traffic patrols during this scheduling; and
c. The Chief Constable shall report in writing to the Town Board at each monthly regular meeting of the outcome of this scheduling.
Second: Councilwoman Haugen-Depuy
Discussion:
Chief Miller: “Eric was specific because in the beginning of the entrance there are a lot of accidents with people making illegal u-turns and passing in a ditch.”
Supervisor Baden: “Again this is to limit patrolling. This specific task is for a specific job to be done in the area as requested. I am being very clear because last year I was told I wasn’t very clear.”
Councilwoman Haugen-Depuy: “We have to remove b, otherwise there is no reason for the constabulary to be there.”
Councilman Hewitt: “What if we say, “outside of assignment area.”
Councilwoman Fornino: “ We have established they are going to be in the assigned area, that’s what this duty is for at this time.”
Councilman Hewitt: “ That was the assumption during the Rav Tov period and we weren’t specific as to what the constables duties were.”
Supervisor Baden: “We are going to need a duty roster, and summary sheet with dollar amount achieved. The amended motion will include 2 constables for 4 hours.”

AMENDED MOTION # 131-2019:

A Motion was made by Councilman Drabkin and Seconded by Councilwoman Haugen-Depuy;

Whereas; The Town Board has received email from Eric Humphrey, Park Superintendent, dated April 30, 2019, requesting the Constables be given the authority to assist the Minnewaska State Park Preserve with enforcement of illegal parking on the highway on 44/55 every fair-weather weekend May through October in the vicinity of Minnewaska’s main entrance heading west towards the Jenny Lane Area; and

Constables are granted such authority pursuant to Town Law, §39 and Town Board resolution 30-2019;
Therefore;
A. The Town Board authorizes the Chief Constable to schedule and provide 2 constable 4 total hours of scheduling for each Saturday and provide 4 total hours of constable scheduling for each Sunday for the period May 4, 2019 – October 27, 2019, to provide assistance to the Minnewaska State Park Preserve in enforcement of illegal parking; and
B. Such scheduling shall be at a mutually agreed upon time between the Park and the Chief Constable, not to exceed 4 hours shift per day.
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO CONVEY TOWN PROPERTY-Subject to Permissive Referendum Process
Resolution # 132-2019:

Whereas; the Town Board has received request dated August 16, 2018 by Elbert DeJager to convey property formerly a county roadway adjacent to his property, located at DeJager Lane, SBL 77.1-2-34; and
Whereas; upon investigation, the Town Board received correspondence and records from Ulster County Real Property on February 14, 2018 indicating such property ownership was transferred to the Town of Rochester by resolution #16 of 1965 by the Board of Supervisors of Ulster County “to become a part of the Town Highway system where maintenance by the Township is required or disposal of to the adjacent property owners as prescribed by Law where they are no longer necessary for public use and travel; and
Whereas; such parcel has been determined described as being approximately 18 feet wide by 258 feet in length by the Highway Superintendent; and
Whereas; Elbert DeJager has supplied a description of lands prepared by Medenbach & Eggers, Civil Engineering and Land Surveying P.C. on January 10, 2010; and

Whereas; such property has been deemed unusable by the Highway Superintendent and has been unused for a significant period of time; and
Whereas; Elbert and Wilma DeJager have made offer of $500.00 payment to the Town of Rochester in return for conveyance of such parcel on August 16, 2018; and
Whereas, pursuant to Town Law (TWN) § 64, General Powers of Town Boards, a Town Board may, upon the adoption of a resolution, convey or lease real property in the name of the town, which resolution shall be subject to permissive referendum; and
Therefore; be it resolved; the Town Board accepts such offer of payment of $500 for the property as described in resolution #16 of 1965, Lucas Turnpike, Abandonment Map #3, and agrees to convey said property via quitclaim deed to Elbert and Wilma DeJager, subject to permissive referendum; and
Further; directs the Town of Rochester Town Clerk to advertise the conveyance of property for permissive referendum opportunity in the official Town newspaper; and
Further; Elbert and Wilma DeJager shall provide a survey and description of property and shall be required to bear any and all costs for the advertisement of permissive referendum, survey, transfer, filing of such real property conveyance, and any other transfer of property fees, including any Attorney for the Town fees; and
Further; Such land is conveyed with the understanding Elbert and Wilma DeJager shall join said property with their adjacent owned land located at DeJager Lane, SBL 77.1-2-34 by Lot Improvement Application before the Town of Rochester Planning Board; and
Further; The Town of Rochester Town Board waives the Zoning Permit and Planning Board fees for such Lot Improvement Application.
Second: Councilman Hewitt
Discussion: this is to include any Attorney for the Town fees.
Aye: 5 nay: 0 abstain: 0 motion carried

2019 TRANSFER STATION FEES- (amendment to Resolution 55-2019)
Resolution # 133-2019:

A Motion was made by Councilman Drabkin that the Town Board amends resolution 55-2019, establishing 2019 fees, as follows, to be effective May 3, 2019
Resolution 55-2019 section below is deleted
Tires
Up to 16” w/o rims $4.00
Up to 16” w/ rims $6.00
Larger than 16” $16.00
(No tires larger than tandem trailer size)
Bigger Tires $6.00 per ply

And replaced by
Tires – (No tires larger than tandem trailer size)
Passenger/Light Truck Tires up to 16” w/o rims $6.00
Passenger/Light Truck Tires up to 16” w/ rims $8.00
Medium Truck Tires larger than 16” $22.00
Large Truck Tires $8.00 per ply
Skid Steer Tires $16.00
Second: Councilman Hewitt

AMENDED MOTION # 133-2019:
A Motion was made by Councilman Drabkin and Seconded by Councilman Hewitt amending Resolution # 133-2019;
That the Town Board amends resolution 55-2019, establishing 2019 fees, as follows, to be effective May 3, 2019
Resolution 55-2019 section below is deleted
Tires
Up to 16” w/o rims $4.00
Up to 16” w/ rims $6.00
Larger than 16” $16.00
(No tires larger than tandem trailer size)
Bigger Tires $6.00 per ply

And replaced by
Tires – (No tires larger than tandem trailer size)
Passenger/Light Truck Tires up to 16” w/o rims $8.00
Passenger/Light Truck Tires up to 16” w/ rims $8.00
Medium Truck Tires larger than 16” $22.00
Large Truck Tires $8.00 per ply
Skid Steer Tires $16.00

Aye: 4 nay: 1(Haugen-Depuy) abstain: 0 motion carried

USE OF TOWN HIGHWAYS:
Resolution # 134-2019:
A Motion was made by Councilman Hewitt that the Town Board authorizes the use of Town roadways for the charity bike ride event Ride for Mental Health by USA Cycling, Inc. on June 22 and June 23, 2019 upon presentation of a Certificate of Liability Insurance naming the Town of Rochester as an additional insured party.
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried

TOWN HIGHWAY SECTION 284 AGREEMENT:
Resolution # 135-2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board approves the expenditure of $165,000 in highway monies for the primary work and general repairs of 111 miles of Town highways, in accordance to section 284 of the Highway Law, and authorizes signature of the agreement.
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried

TOWN HIGHWAY SIGN -AUTHORIZATION– Creek Road:
Resolution # 136-2019:

A Motion was made by Councilman Drabkin that the Town Board requests the Highway Superintendent review Creek Road, as to the Town Board request to the NYS DOT for speed limit reduction dated March 26, 2018 and reply April 24, 2019 and authorizes the expenditure of General Funds to procure and install any warning signs that may be appropriate (as per the Federal Manual of Uniform Traffic Control Devices).
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO PRE-PAY CREDIT CARD BILL:
Resolution # 137-2019:
A Motion was made by Councilman Drabkin that the Town Board authorizes the Supervisor to pre-pay the Bank of America credit card billing statement for April 2019 of $87.04 and $1073.31 prior to the May audit meeting, subject to audit by the Town Board.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTING DONATION:
Resolution # 138-2019:
A Motion was made by Councilman Drabkin that the Town Board accepts donation of $115 from the Golden Age Senior Citizens of Accord and Kerhonkson to be utilized for the sponsorship of a specific attendee for one week of the Summer Youth Program and directs the Supervisor to deposit the funds in the Summer Youth Program revenue line AA-4-2089.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTING DONATION:
Resolution #139-2019:
A Motion was made by Councilwoman Fornino that the Town Board accepts donation of $795 from the Rondout Valley Educational Foundation to be used to pay the Rhinebeck Center for the Performing Arts for performance of a production of the Wizard of Oz for the Summer Youth Program on July 25, 2019 at Kerhonkson School and directs the Supervisor to deposit the funds in the General Fund account, revenue line AA-4-2705.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

APPOINTMENT TO THE PLANNING BOARD:
Resolution # 140-2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board appoints AnnMarie Moloney to the Planning Board to fill the vacancy of the seat of Alonzo Grace, (originally Michael Baden, replaced by Larry DeWitt) due to resignation, such term to end 12/31/2021.
Second: Councilman Drabkin
Aye: 5 nay: 0 abstain: 0 motion carried

APPOINTMENT TO THE ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 141-2019:

A Motion was made by Councilman Drabkin that the Town Board appoints Heather Eckardt to the Environmental Conservation Commission, for a term to end 12/31/2021.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING USE OF TOWN PROPERTY:
Resolution # 142-2019:
A Motion was made by Councilman Drabkin that the Town Board authorizes First Student, Inc. to utilize town property, in consultation with the Highway Superintendent, for driver training, upon presentation of a Certificate of Liability Insurance naming the Town of Rochester as an additional insured party.
Second: Council Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING THE SUPERVISOR TO SELL SURPLUS EQUIPMENT AT AUCTION:
Resolution # 143-2019:

A Motion was made by Councilman Drabkin that the Town Board authorizes the Town Supervisor to contract with Absolute Auction and Realty, 45 South Ave, Pleasant Valley, NY 12569, for the purpose of auctioning surplus town equipment.
1996 International 6 wheel dump truck
2003 Chevrolet 2500 HD Regular Cab, 4WD, w/ Fisher plow
2004 Chevrolet Cavalier, 4 door
1995 International Bus
8 used truck tires size 12 – 22.5
1 used grader tire size 14-24
4 office chair
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

ADJOURNMENT:

Respectfully Submitted,

Christina Ferrara
Deputy Town Clerk