The Regular Town Board Meeting was held on November 7, 2019 at 6:45pm at the Town of Rochester Town Hall.
PRESENT:
Councilwoman Cindy Fornino Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Supervisor Michael Baden
Deputy Town Clerk Christina Ferrara Attorney Marylou Christiana
ABSENT:
Councilman Brian Drabkin Town Clerk Kathleen Gundberg
MEETING CALENDAR:
Nov. 11 Town Offices Closed – Veteran’s Day
Nov. 14 Environmental Conservation Commission Town Hall 6:30pm
Nov. 14 Planning Board Regular Meeting Harold Lipton Community Ctr 7pm
Nov. 18 Historic Preservation Commission Town Hall 2pm
Nov. 19 Ulster County Legislature County Office Bldg., Kingston 7pm
Nov. 20 Youth Commission Harold Lipton Community Ctr 9:30am
Nov. 21 ECC 3rd Thursday Nature Series Town Hall 6:30pm
Nov. 21 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Nov. 25 Planning Board Workshop (if needed) Harold Lipton Community Ctr 6:30pm
Nov. 26 (TUES) Town Board Audit/Workshop Meeting Town Hall 6pm
Nov. 28/29 Town Offices Closed – Thanksgiving
Dec. 5 Town Board Regular Meeting Town Hall 6:30pm
Supervisor Baden read allowed a statement;
To the Town Employees, the Town Board, and the residents of the Town of Rochester,
I am here tonight to express my sincerest apologizes for my recent actions of October 15, 2019 in the Town Hall. There is no excuse, nor justification for such an event to ever occur. My actions of stress and frustration cannot ever be accepted or tolerated.
I am working to regain the trust of the Town employees and I know it will be a long road ahead. I have spoken with the employees of the Town Hall one on one setting and expressed my remorse for my actions. Tomorrow I will be meeting with all the Town employees, with the Human resource consultant facilitating to begin dialogue of how I must do better for them. I am meeting with a therapist to help me find the tools I need to address any issues of stress or frustration in a positive manner. I will continue the therapy as long as is necessary. I will be making restitution to the Town for the damage to the wall.
This will be a time of healing for all. I am asking for your help in this. I thank you for allowing me to speak tonight and to hear how I am addressing my actions. This must be addressed and I will be addressed. There is no other option.
PUBLIC COMMENT:
Andy Pekarik – “Thank you for your statement, it’s important to create an atmosphere of harmony, and respect where everyone feels safe. Every time I come here, I feel it’s a good environment. I look forward to you staying with this program, working hard on this. I hope the board will support you on this and come up with practical ways of helping you and other members of the staff to achieve an environment in the Town hall that is the kind of environment the we want in this society as a whole, of harmony, respect for one another, of civil dialogue, of kindness and caring, so thank you for that and I wish you all the best of luck. Stay with it.”
Phil Rose -Wants to express his appreciation for Mike “stepping up to the plate” and acknowledging there is a problem. “I want all the Town employees, particularly the women, who are experiencing more than their share of frustration and hostility they are feeling, that I think this is very serious.” Mr. Rose stated he is glad that it’s being addressed and is asking the Board to support Mike and all employees to be able to continue to work through this so it becomes a great workplace.
Gerry Fornino – Speaking on behalf of himself and his wife Councilwoman Cindy Fornino, he would like to congratulate Adam Paddock and Erin Enouen. I wish you both well, and sadly Councilman Brian Drabkin isn’t here to thank him and Cindy for hanging in there. As public servants we are neighbors, family and friends. We argue, we make up. It’s nice to see people here to come out to listen.
Len Bernardo- “I came here tonight to ask for your resignation and I am rescinding that because I trust that you will get the help you need, and that is paramount in this town. You’ve done a very good job in many ways.” Len continues to read an excerpt on Mental Health Disorders.
Tricia Cosgrove- “Knows Mr. Baden personally, she came here to speak on Mr. Baden’s behalf. States he has commitment and passion for this town. Also knows whatever goal Mike sets, he can achieve.”
Angie Hasbrouck- Wants to thank the Board and the people who came out to support us. She is thankful Mike is going to get the help he needs because we started out as a good team. We are a small community and we need to work together.
Brit Baker-There is a lot of work that has to be done. Everyone has their strengths and weaknesses. Mike has some issues he needs to address. Glad to hear the support in the room. It’s not an easy road, he wishes you (Baden) all the best. He wants to stress when he walks into the Town Hall the feeling is great, he gets to see all the friendly faces. “It’s really important that people are feeling safe in this building and that’s vital.”, “If that is not part of the Town, then I can’t support that behaviour and it’s not okay with me. That’s important for me to stand up and say that it has to be a work friendly environment in this building. That sets the tone for the entire town and that is important.” Mr Baker wants to Thank Cindy for her public service, it’s a thankless job.
Councilman Hewitt – took training on active listening and non-violent communication. He would like to share that information with Supervisor Baden.
Supervisor Baden – Thanks everyone for coming out. “I am going to succeed, there is no other option.” This is a family here, its small tight quarters. People come in and say it’s ironic that the Supervisor has the smallest office in the entire the Town Hall.
Angie Hasbrouck – “Well not for nothing, look at what Superman does from a phone booth.”
VETERANS DAY MEMORIAL:
Supervisor Baden stated that a Memorial Day service will be held on 11/11/19 @ 11am at the Town Veteran’s Park.
SUPERVISOR’S REPORT:
Oct. 2019 – Filed with the Town Clerk
ATTORNEY FOR THE TOWN UPDATE: Sent an email to the Board member
SUPERVISOR’S UPDATE / CORRESPONDENCE REPORT:
Thank You to Central Hudson and the Town Highway Department for the great job on getting the Town back up and running within 30 hours. Thank you letter came from the breaking AIDS ride for using some of the roads in the Town. Kerhonkson/Accord First Aid Squad submitted their 2018 year-end financial statement. JCAP grant application was received for the amount of $28,920. To be used for updates and construction at the Courthouse and Annex. Letter received from Atlantic Casualties Insurance Co., in regard to Van Tine Rd dumping, that he cannot discuss at this time.
YOUTH DEPARTMENT REPORT:
Free Community Thanksgiving Luncheon on Friday November 22nd 11:30-1:00
Youth Christmas Party and Tree lighting will take place Friday Dec 13th.
Chair Yoga, Line Dancing and Senior Exercise are also available.
DEPARTMENT UPDATES/ LIAISON REPORTS:
Building Department – Permits and Fees were $12,604.30; Certificates and Inspection Fees were $2,380.
Court – Annex is moving along, they have Water /Sewer line in.
HIGHWAY SUPT. REPORT: N/A
Supervisor Baden thanks Tony Spano for his service in the Town and Councilwoman Fornino and Councilman Drabkin for their service.
CHIEF CONSTABLE REPORT:
Minnewaska: As requested the following is a report on the Minnewaska Traffic Detail. Over the 8 weekend dates in October, we were able to provide coverage on 4 Days On the dates we were in service, Traffic flow management was provided and Vehicle and Traffic tickets were issued on roadways around the Minnewaska State Park. Once again, the Park Superintendent stopped by to express his gratitude for our presence and traffic management. This scheduled Traffic Detail Ended October 27th.
Building and Zoning Violation Detail: Over the month of October, we were able to provide coverage on a semi-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 5 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
29 direct calls for service and other duties in October of 2019. These included:
•8 Neighbor to Neighbor and Quality of Life Complaints Issues
•4 Resident Traffic Complaints (Samsonville Rd., Old King’s Hwy., Rd., Fischer Rd., and Krum Rd.)
•6 Environmental Complaints, Including Bear Sightings/Damage (Van Tine Rd., Queens Hwy., and Lwr. Granite Rd.,Tobacco Rd., Victoria Ln.)
•5 Building Department Violations
•20 New Court Cases Opened (3 Town Law, 17 NYS VTL)
•22 Court Proceedings Remain Open (39 VTL, 3 TL)
•40 Court Proceedings Closed (3 TL, 37 VTL)
Interesting Occurrences: During the month, we received 3 calls regarding bears on residents’ property. There were 2 calls regarding abandoned vehicles which were then removed. Myself and one of my officers attended the DCJS Fundamental Crisis Intervention Skills for Law Enforcement Instructor Course, the topic is now required for all Basic Law Enforcement Academies. We are two of three Instructors in the county. We also attended a meeting with the Ulster County DA’s office regarding the new Bail Reform Law and how it will affect law enforcement and court cases in the New Year.
BOARD MEMBER TIME:
Councilwoman Haugen-Depuy – Thanks Supervisor Baden for his statement earlier. With what Mike has learned so far, she believes he can go a long way. With the help of the next Board will make sure this continues. Get him the help he needs, to work with him and to keep things moving ahead in a positive way with the employees.
DISCUSSION:
2020 Budget- Supervisor Baden: Town of Rochester does not pay Marbletown first aid squad to cover parts of our town. If Marbletown wants funding, that would potentially change our budget, we can amend the budget on a later date.
Cell Tower Lease Extension proposal- Rep. with American Tower sent an email about the 40-year lease. American Tower is offering 2 options to re-negotiate the contract/lease. Some options could increase revenue. Mary Lou wants to review before allowing the public to view.
IT Consultant- 4 quotes received Supervisor Baden will send email to be discussed on November 26th at the audit meeting.
RESOLUTIONS:
SCHEDULE SPECIAL MEETING FOR PURPOSE OF ADOPTING 2020 BUDGET:
Resolution # 251-2019:
A Motion was made by Supervisor Baden to schedule a special meeting for 11/14/2019 at 5:00pm at the Town of Rochester Town Hall for the purpose of adopting the 2020 Town Budget and for the Town Clerk to advertise the same.
Second: Councilman Hewitt
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
ACTION ON MINUTES:
Resolution # 252-2019:
A Motion was made by Councilwoman Fornino accepting the minutes of the meetings listed;
Oct. 3, 2019 Public Hearing, Local Law 3-2019
Oct. 3, 2019 Public Hearing, Local Law 4-2019
Oct. 3, 2019 Regular Meeting
Oct. 9, 2019 Budget Workshop Meeting
Oct. 16, 2019 Budget Workshop Meeting
Oct. 23, 2019 Budget Workshop Meeting
Oct. 30, 2019 Audit/Budget Workshop Meeting
Second: Councilman Haugen-Depuy
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
ACCEPTANCE OF REVENUE:
Resolution # 253-2019:
A Motion was made by Councilwoman Fornino that the Town Board authorizes the Town Supervisor to accept the revenue of reimbursement from the NYS Office of Parks and Recreation for transportation of the summer youth program to a NYS Parks and Recreation facility in the amount of $557.93.
Second: Councilman Hewitt
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
ACCEPTANCE OF DONATION:
Resolution # 254-2019:
A Motion was made by Councilman Hewitt that the Town Board authorizes the Town Supervisor to accept donations in the amount of $111.00 collected from various people at the Town of Rochester Heritage Day.
Second: Councilwoman Fornino
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
ADOPTION OF LOCAL LAW # 3 OF 2019:
Resolution # 255 -2019:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board adopts Local Law 3-2019; Amending Local Law 2 of 2007, Renaming Chapter 111, Building Construction, of the Code of the Town of Rochester
Second: Councilman Hewitt
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
ADOPTION OF LOCAL LAW # 4 OF 2019:
Resolution # 256-2019:
A Motion was made by Councilman Hewitt that the Town Board adopts Local Law 4-2019; Amending Local Law 2 of 2007, Amending Local Law 2 of 2014, Amendment made to Chapter 140, Zoning, Due to Errors and Omissions.
Second: Councilwoman Haugen-Depuy
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
HIGHWAY EMPLOYEE COLLECTIVE BARGAINING AGREEMENT:
Resolution # 257-2019:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board authorizes the Town Supervisor to sign the Collective Bargaining Agreement by and between the Town of Rochester and the International Brotherhood of Electrical Workers Local 363 to be in force for the period of January 1, 2020 through December 31, 2022.
Second: Councilwoman Fornino
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
ULSTER COUNTY YOUTH BUREAU AGREEMENT FOR PROFESSIONAL SERVICES:
Resolution #258 -2019:
A Motion was made by Councilwoman Fornino that the Town Board authorizes the Town Supervisor to sign the Agreement for Professional Services between the Town of Rochester and the Ulster County Youth Bureau to receive funding for the Youth Recreational Program.
Second: Councilman Hewitt
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
RESOLUTION OF SUPPORT- ACCORD HISTORIC DISTRICT:
Resolution # 259-2019:
A Motion was made by Councilwoman Haugen-Depuy;
WHEREAS, Listing in the National and State Registers affords properties a measure of protection from the effects of federal and/or State sponsored or assisted projects, provides eligibility for certain federal and/or state tax credits, and renders properties owned by non-profits or municipalities eligible for state preservation grants; and
WHEREAS, the Town of Rochester Historic Preservation Commission has proposed a nomination of the Accord Historic District to be considered for nomination to the National and State Registers of Historic Places at the December 4, 2019 meeting of the NYS Department of Parks, Recreation, and Historic Preservation; and
WHEREAS, The Town of Rochester contracted with consultant Neil Larson to prepare the nominations; and
WHEREAS, the Town of Rochester Historic Preservation Commission held a public meeting of stakeholders in the proposed district and a representative if the New York State Historic Preservation Office on November 6, 2019; and
THEREFORE, with this resolution the Town of Rochester Town Board supports this nomination and authorizes the Town Supervisor to convey such support.
Second: Councilwoman Fornino
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
CONSTABULARY PROGRAM:
Resolution # 260-2019:
A Motion was made by Supervisor Baden
WHEREAS; The Town of Rochester Town Board supports the constabulary program and recognizes the positive impact this program can have on the community; and
WHEREAS; The Town of Rochester Town Board recognizes public questions exist regarding the purpose and use of the constabulary; and
WHEREAS; The Town of Rochester Town Board has contracted with a consultant to review the constabulary and its operation and policies and make a report to the Town Board; and
WHEREAS; The Town of Rochester Town Board desires to temporarily suspend parts of the constabulary program during this review;
THEREFORE;
The Town of Rochester Town Board partially suspends the constabulary program road patrols and issuance of VTL tickets from November 8, 2019 through February 29, 2020; and further
Resolution 30 of 2019 is hereby amended to list the specific duties of the constabulary as follows for this period:
BE IT FURTHER RESOLVED, that upon specific authorization provided to the Chief Constable in writing by the Town Supervisor or by Town Board resolution for the duties listed below, such written authorization shall include specific duties, services or patrols, dates and timeframes;
1. Issue a uniform navigation summons and/ or complaint pursuant to §19 of the Navigation Law whenever acting pursuant to their special duties; and
2. Issue uniform appearance tickets pursuant Article 71 of the Environmental Conservation Law whenever acting pursuant to their special duties; and
3. At the direction of the Town Supervisor, appear in the Town Justice Court to keep order. This will include monitoring the weapons screening program and the security of the courts; and
4. At the direction of the Town Supervisor or by resolution of the Town Board, provide security for any Town Recreation Department functions or activities; and
5. Make collections pursuant to executions and garnishee executions issued upon judgments rendered in Justice Court; and
6. Serve civil, legal, and criminal papers, including subpoenas or orders on behalf of the Town Supervisor, Town Board, Town Justices, and/or Code Enforcement Officer/Building Inspector; and
7. At the direction of the Town Supervisor or by resolution of the Town Board maintain order at Town meetings and additional Town functions as needed; and
8. At the direction of the Town Highway Superintendent or Town Supervisor, provide traffic control during times of necessity for Town road closure; and
9. Administer the operations of the Eldercare program; and
10. Perform Criminal and Civil investigations; and
11. Perform any other duties as directed by the Town Supervisor or by resolution of the Town Board as allowed by law
12. Assist in neighbor to neighbor complaints; and
13. Assist other government or police agencies when requested specifically to do so.
Second: Councilwoman Fornino
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
CONTRACT RENEWAL COMMUNITY COMPOST:
The Town Board authorizes the Supervisor to renew the contract with Community Compost Company, PO Box 1254, New Paltz, NY 12561 for the rental of (2) 48-gallon Toters with weekly pickup beginning December 1, 2019.
Discussion: Councilman Drabkin addressed concerns regarding the contract. The Board agreed to table the discussion until more information can be discussed.
APPOINTMENT TO HIGHWAY DEPARTMENT:
Resolution # 260-2019:
A Motion was made by Supervisor Baden upon advice and consent of the Highway Superintendent, appoints Patrick A. Davis as a seasonal laborer on an as needed basis at the rate of $23.42 per hour in accordance with the collective bargaining agreement.
Second: Councilman Hewitt
Aye: 4 Nay: 0 abstain: 0 motion carried
Drabkin Absent
.
ADJOURNMENT:
A Motion was made by Councilwoman Fornino to adjourn the meeting at 7:50pm.
Second: Councilman Hewitt motion carried