Town Board Regular Meeting – October 2018

The October 4, 2018 Regular Town Board Meeting was held at 7:09pm at the Town of Rochester Town Hall.
PRESENT:
Councilwoman Fornino Councilwoman Haugen-Depuy Councilman Hewitt
Supervisor Baden Town Clerk Gundberg Attorney Christiana

ABSENT:
Councilman Drabkin
SEQRA Part II Review, Local Law #6 of 2018
Resolution # 304-2018:
The Town Board, having reviewed Local Law #6 of 2018; amending Chapter 128 -17, Taxation – Disability Exemption Levels as authorized by Real Property Tax Law 459-C; and having reviewed Part I and completing Part II of the Environment Impact Statement find the local law will result in no significant adverse impacts on the environment, and therefore, an environmental impact statement need not be prepared. Accordingly, a negative declaration is issued.
ROLL CALL VOTE:
Councilman Drabkin absent
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye 4-0aye, motion carried
Drabkin absent
NEGATIVE DECLARATION:
Resolution # 305-2018:

A Motion was made by Councilwoman Haugen-Depuy that the Town finds there is no significant impact as the impact is legislative only and to accept the negative declaration.
Second: Councilman Hewitt

ROLL CALL VOTE:
Councilman Drabkin absent
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye 4-0aye, motion carried
Drabkin absent

SEQRA Part II Review, Local Law #7 of 2018
Resolution # 306-2018:

The Town Board, having reviewed Local Law #7 of 2018; amending Chapter 128 – 9, Taxation – Senior Citizen Exemption Laws as authorized by Real Property Tax Law 467; and having reviewed Part I and completing Part II of the Environment Impact Statement find the local law will result in no significant adverse impacts on the environment, and therefore, an environmental impact statement need not be prepared. Accordingly, a negative declaration is issued.
ROLL CALL VOTE:
Councilman Drabkin absent
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye 4-0aye, motion carried
Drabkin absent
NEGATIVE DECLARATION:
Resolution # 307-2018:

A Motion was made by Councilwoman Haugen-Depuy that the Town finds there is no significant impact as the impact is legislative only and to accept the negative declaration.
Second: Councilman Hewitt

ROLL CALL VOTE:
Councilman Drabkin absent
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye 4-0aye, motion carried
Drabkin absent

ADOPTION OF LOCAL LAW # 6-2018:
Resolution # 308-2018:

A Motion was made by Councilman Hewitt to adopt Local Law # 6-2018; amending Chapter 128 -17, Taxation – Disability Exemption Levels as authorized by Real Property Tax Law 459-C.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
Local Law #6 of 2018

A Local Law amending Chapter 128, Taxation of the Code of the Town of Rochester
Article V, Exemption for Disabled Persons with Limited Income

Section 1.

§ 128-17 of the Code of the Town of Rochester shall be deleted in its entirety and replaced to read as follows:

Section 2.

§ 128-17. Maximum income; exemption schedule.

To be eligible for exemption authorized by such § 459-c and implemented by this article,
the maximum income of such person shall not exceed $29,000. Any such person having
a higher income shall be eligible for exemption in accordance with the following
schedule:
Percentage Assessed Valuation
Annual Income Exempt from Taxation
More than $0 but less than $29,000 50%
More than $29,000 but less than $30,000 45%
$30,000 or more but less than $31,000 40%
$31,000 or more but less than $32,000 35%
$32,000 or more but less than $32,900 30%
$32,900 or more but less than $33,800 25%
$33,800 or more but less than $34,700 20%
$34,700 or more but less than $35,600 15%
$35,600 or more but less than $36,500 10%
$36,500 or more but less than $37,400 5%

Section 3. Severability

If any part or provision of this local law is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Law or the application thereof to other persons or circumstances. The Town hereby declares that it would have enacted the remainder of this Law even without such part or provision or application.

Section 4. Effective Date

This local law shall become effective immediately upon the filing in the office of the New York
Secretary of State pursuant to Section 27 of the Municipal Home Rule Law.

ADOPTION OF LOCAL LAW # 7-2018:
Resolution # 309-2018:

A Motion was made by Councilwoman Haugen-Depuy to adopt Local Law #7 of 2018; amending Chapter 128 – 9, Taxation – Senior Citizen Exemption Laws as authorized by Real Property Tax Law 467.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
Local Law #7 of 2018

A Local Law amending Chapter 128, Taxation of the Code of the Town of Rochester
Article IV, Senior Citizens Tax Exemption

Section 1.

§ 128-9 of the Code of the Town of Rochester shall be deleted in its entirety and replaced to read as follows:

Section 2.

§ 128-9. Exemption.

Pursuant to and in accordance with the provisions of§ 467 of the New York State Real
Property Tax Law, real property situated in the Town of Rochester, subject to taxation
by the Town of Rochester and owned by one or more persons, each of whom is 65 years
of age or over, or real property situated in the Town of Rochester, subject to taxation by
the Town of Rochester and owned by a husband and wife, one of whom is 65 years of
age or over, shall be exempt from real property taxation by the Town of Rochester to the
extent as provided in the following schedule for qualified exemptions:
Percentage Assessed Valuation
Annual Income Exempt from Taxation
More than $0 but less than $29,000 50%
More than $29,000 but less than $30,000 45%
$30,000 or more but less than $31,000 40%
$31,000 or more but less than $32,000 35%
$32,000 or more but less than $32,900 30%
$32,900 or more but less than $33,800 25%
$33,800 or more but less than $34,700 20%
$34,700 or more but less than $35,600 15%
$35,600 or more but less than $36,500 10%
$36,500 or more but less than $37,400 5%

Section 3. Severability

Section 4. Effective Date

This local law shall become effective immediately upon the filing in the office of the New York
Secretary of State pursuant to Section 27 of the Municipal Home Rule Law.

INCLUSION OF PARCELS IN THE ECONOMIC ENTERPRISE OVERLAY DISTRICT:
Supervisor Baden stated the application was established as unlisted action with coordinated review. The 30 day time period for comment/ recommendations has passed with only hearing from the Town of Rochester Planning waiving the right to be lead agency.
DECLARING LEAD AGENCY:
Resolution # 310-2018
A Motion was made by Councilwoman Haugen-Depuy to classify that application as unlisted action and the Town of Rochester Town Board declares lead agency.
Second: Councilman Hewitt
ROLL CALL VOTE:
Councilman Drabkin absent
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye 4-0aye, motion carried
Drabkin absent

SEQRA REVIEW & NEGATIVE DECLARATION:

The Town Board reviewed Part2

Resolution # 311-2018:

A Motion was made by Councilman Hewitt that the Town finds there is no significant impact associated with this project. The application involves the reuse of an existing building with the only change being expansion of the septic tank. The septic will be reviewed and permitted by the Ulster County Health Department. The project will be sent to the Town of Rochester Planning Board for site plan review. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued.
Second: Councilman Hewitt
ROLL CALL VOTE:
Councilman Drabkin absent
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye 4-0aye, motion carried
Drabkin absent

EEO Overlay District Approval
Applicant: Aquarius Star Corporation c/o Joe Esposito – owner, Alex Banner – applicant

Reason for Request: The application proposes Adaptive Re-use of an Existing Facility for Woodworking, Craftsman, and Artisan Uses and Economic Enterprise Overlay zoning district designation as defined in the T/ Rochester zoning code.
Location: 2919 & 2921 Lucas Tpke S/B/L: 77.1-2-42.120 & 77.1-2-42-130
Total Acreage: 6.34 acres total Zoning District: AR-3, AP Overlay, and FD Overlay Zoning Districts
Code Enforcement Determination: EEO Overlay zoning change
Zoning Permit: 251 of 2018, dated 7/30/2018
Zoning Classification Application filed: 7/30/2018
EAF filed: 7/30/2018
SEQR Type: Unlisted, Coordinated – Intent to Seek Lead Agency adopted 8/30/2018, circulated 8/31/2018
SEQRA Lead Agency: T/ of Rochester Town Board – 10/04/2018
Involved Agencies: Ulster County Health Dept., Ulster County Dept. of Public Works, T/ Rochester Planning Board
Other Referrals: Ulster County Planning Board
SEQR Determination: Neg. Dec. – determined 10/04/2018
Documents considered by the Planning Board for review:
1. Zoning Permit 251-2018 determination of zoning change- dated 7/30/2018
2. Zoning Classification form – received 7/30/2018
3. Planning Board Site Plan application – received 7/30/2018
4. Letter of Authorization by the applicants and owner authorizing professional representation powers to Mr. Medenbach and Mr. Moriello – received 7/30/18
5. Long Form EAF Part I – received 7/30/2018
6. Town of Rochester Town Board Lead Agency request – dated 8/31/2018
7. Agricultural Data Statement – received 7/30/2018
8. Ulster County Planning Board referral form
9. Lead Agency Reply, T/ Rochester Planning Board – received 9/14/2018
10. Local Law #3 of 2018 – Town of Rochester, amending Chapter 140, Zoning
11. Ulster County Planning Board recommendation – received 10/4/2018
12. Correspondence from Barry Medenbach, PE regarding septic system size –
13. Site Plan, prepared by Medenbach & Eggers, – dated 6/1/2018
14. Aerial view map – from Ulster County Parcel Viewer
15. FEMA mapped flood zone, 36111C0590E, effective 9/25/2009 – obtained from the internet by the Town Supervisor
Notice of Public Hearing:
1. Published in the 9/14/2018 edition of the Shawangunk Journal.
2. Notice by mail to known landowners within 500’ of the parcel, SEQRA involved agencies, and Ulster County Planning Board.
3. Posted on the T/ Rochester Clerk bulletin board and town website.
Dates of Public Hearing:
September 27, 2018 and October 4, 2018
Place: T/ Rochester Town Hall, Accord, NY
Public Comment: (see Minutes of Town of Rochester Town Board for the above noted meeting dates)
Review and Findings of the Town Board
Whereas,
The Town Board has completed review of the proposal pursuant to Town of Rochester code §140 Zoning, and other federal, state, county, and local codes. The Town Board summarizes the history of the review and issues this statement of findings.

1. Zoning permit application was made to the Code Enforcement Officer on 7/30/2018.The Town Board received zoning referral for a zoning district overlay addition, Economic Enterprise Overlay, “to foster economic development, diversification of land uses and employment generation through the reuse and/or redevelopment of underutilized properties. Development is encouraged to follow a mixed use, compact pattern that is sensitive to the environmental characteristics of the land and adheres to the goals and objectives contained in the Town’s Comprehensive Plan and follows the § 140-20 General Commercial and Industrial Standards. It is the intent of the EEO to promote flexibility in the development process while integrating a diversity of land uses within close proximity to each other.
2. The applicant proposes Woodworking, Craftsman, and Artisan Uses by Adaptive Re-use of Existing Facilities Situate in the Town of Rochester.
3. Petitioner is the Contract Vendee for development of the subject premises of improved lands (currently comprised of a 12,000 square foot facility for a woodworking, craftsman, and artisan re-development and associated adaptive re-use of the subject premises.
4. Said lands are located at 2918 and 2921 Lucas Turnpike, Accord, New York, 12404
5. The subject premises is depicted on the current Town of Rochester Tax Map as Section, Block and Lot Number 77.1-2-42.120 and 77.1-2-42.130. The two tax parcels consist of 3.1 acres (vacant land) and 3.3 acres (improved land) respectively.
6. The subject premises is physically bounded as follows:
a. On the East by Lucas Turnpike.
b. On the West by private lands [S/B/L #77.1-3-1].
c. On the South by private lands [S/B/L #77.1-2-42.110].
d. On the North by private lands [S/B/L #77.1-2-42.310].
7. Town Board review determined the parcel
a. Is located in the ‘AR-3’ zoning district. The site plan proposed has been determined by the Planning Board to meet or exceed the Schedule of District regulations pursuant to the Town of Rochester zoning code.
b. Is partially located in the FEMA mapped flood zone 36111C0590E, effective 9/25/2009 and therefore within the ‘FD Overlay’ zoning district. There will be no construction or disturbance is proposed within the flood zone.
c. Is located within the ‘AP Overlay’ zoning district, however the use complies with the standards of such district and no further review is required.
d. Has road frontage on Lucas Tpke., an Ulster County maintained highway.
e. Is located within Ulster County Ag District #3. An Agricultural Data Statement was prepared and presented to the Board. The parcels are not currently utilized agriculturally.
f. Is adjacent to the Rondout Creek, a NYS Department of Environmental Conservation (DEC) controlled tributary to the Hudson River.
g. Is located in the Accord Fire District.
h. The subject premises is currently improved by a 12,000 square foot building, parking and roadway improvements, and Remaining lands and appurtenances.
8. The Town Board identified potential permits required for the proposal
a. Ulster County Dept. of Public Works (UCDPW) permit is required for the public road access change of use.
b. Ulster County Health Dept. permit will be required for water and septic.
c. T/ Rochester flood development permit may be required if any disturbance occurs in the designated floodplain. The Board requires the applicant to secure such permit from the T/ Rochester or state no disturbance will occur.
d. T/ Rochester Planning Board Site Plan approval as per local law
e. T/ Rochester Building permit
f. Ulster County Planning Board review for both the EEO designation and for Site Plan approval.
9. Town Board discussion, review, and determinations of the proposal and site plan
a. Water/Septic – A larger septic system tank will be installed, as per the applicant’s engineer, Mr. Medenbach PE. No water changes in usage or supply are proposed.
b. Appearance – No exterior changes are planned with the exception of the addition of a larger garage-type door.
c. Road Usage – No changes expected
d. Access – No changes are proposed
e. Driveway – No changes proposed
f. Parking – No changes proposed. Adequate parking exists for the proposed uses.
g. Sound – minimal sound
h. Environmental – No impacts as there are no environmental changes
i. New York State Uniform Fire Prevention and Building Code. – a building permit may be required for physical interior construction. Fire regulations may pertain to storage of woodworking materials and finishes.
j. Re-Use of Structure – The Town Board finds this use to be the types of use envisioned with the adoption of the EEO Overlay zoning designation. The structure has been utilized sporadically by past uses, and the Town Board believes such reuse of an existing structure is optimal to the types of uses the Town desires.
10. Pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Board determined the application to be a Coordinated, Unlisted action The Board identified involved agencies to the proposal and sent notice to those agencies seeking lead agency status. Hearing no desire from these agencies to assume lead agency, the Board assumed lead agency. The Board reviewed Part 1 of the EAF and discussed and completed Part 2 of the EAF. A Part 3 was completed and the Board determined the proposed action will not have a significant adverse environmental impact. A Negative Declaration was adopted with written notice circulated and filed.
Whereas,
Draft findings were prepared by the Chairman and were reviewed and discussed by the Town Board in public meeting.
Whereas,
The Town Board determined the proposed action will not have a significant adverse environmental impact with adoption of a SEQRA Negative Declaration dated October 4, 2018. The findings adopted and expressed with adoption of a Negative Declaration are reiterated and accepted as findings adopted with this local board decision.
Therefore,
Resolution # 312-2018:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board adopts these statements as written findings of the EEO zoning change proposal.
Second by Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
Ulster County Planning Board (UCPB) NYS General Municipal Law §239 Referral
Whereas, The T/ Rochester Town Board submitted the application for review to the UCPB pursuant to NYS GML §239.
Whereas, The UCPB reviewed the proposal 10/03/2018 and returned written comment stating Required Modifications.
1. Site Plan Review – Required Modification
Comment: Per 140-18A D. of the Economic Enterprise overlay District, if the zoning map amendment is approved, the applicant will then be required to go through the site plan review process in front of the Town’s Planning Board, also subject to referral to the Ulster County Planning Board. Comment: The applicant will need to obtain a permit for access from Ulster County DPW and will need to address issues with respect to sight distances and the width of the driveway to allow for two-way traffic in and out of the site.
2. Zoning Map – Required Modification
Comment: The Town’s zoning map should be updated not only a reference number to the parcel being added to the zoning district, but should be graphically reflected on the Town’s zoning map as well. Any GIS mapping files should be sent to the County Information Services GIS division for including on the County’s Zoning geodatabase.
Whereas,
Resolution # 313-2018:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board accepts and agrees to adopt the Required Modifications imposed by the Ulster County Planning Board.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
Resolved,
Pursuant to the standards of Town of Rochester code §140, Zoning, the Town of Rochester Planning Board has reviewed the application presented and grants Economic Enterprise Overlay zoning designation to the land situate at 2919 & 2921 Lucas Tpke, Town of Rochester, County of Ulster, known as S/B/L 77.1-2-42.120 & 77.1-2-42-130, and located in the ‘AR-3’, ‘FD Overlay’, and ‘AP Overlay’ zoning districts, subject to the conditions expressed below.
The Town of Rochester Town Board further grants the authority to the Supervisor to certify Conditions of Approval 1 and 2 have been completed without further resolution and to sign and date the plan at such time.
Conditions of the Approval:
1. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Supervisor’s and Planning Board Chairman’s signature on the Site Plan.
2. Site Plan approval shall be obtained from the Town of Rochester Planning Board.
3. The following specific permits shall be secured. All conditions imposed in the granting of these permits shall be made a part of the Site Plan approval. Should any conditions imposed by these other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
a. An Ulster County Dept. of Public Works access permit shall be secured. One copy of the approved permit shall be filed with the T/ Rochester Planning Board.
b. Ulster County Health Dept. permit(s) shall be secured, as may be required.
c. A Floodplain Development permit shall be obtained from the Town of Rochester, if determined required.
d. A Building permit shall be obtained, if determined required.
e. Sign permit(s) shall be obtained from the Town of Rochester, if determined required.
f. Any other permits as may be determined to be required by the Planning Board, Building Department, or any other agency.
4. The Town of Rochester Planning Board shall submit such Site Plan application to the Ulster County Planning Board for review and comment.
5. Any and all applicable provisions of New York State Uniform Fire Prevention and Building Code associated with the use and/or structure shall be met. The facility shall be inspected and certified for compliance.
6. The Building Department shall determine the maximum occupancy according to the NYS Uniform Building and Fire Code and such occupancy shall be visibly posted.
7. A Certificate of Occupancy and/or Compliance shall be secured. A copy shall be remitted to the Planning Board.
8. Any and all descriptions and notations included on the Site Plan shall be enforceable and mandated for compliance. Any deviation from or amending of the approved and signed Site Plan shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer.
9. All current or future Local, County, State, and Federal Laws or Codes shall be complied with for the use of these lands.
10. Any and all other agencies’ permits or approvals which are currently required, or any which may be determined in the future to be required, in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.
Draft resolution was prepared by the Supervisor and was reviewed and discussed by the Town Board in public meeting.
Resolution # 314-2018:
A Motion was made by Councilman Hewitt to adopt the EEO Overlay District approval.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
ADOPTION OF LOCAL LAW # 5-2018:
Resolution # 315-2018:

A Motion was made by Councilwoman Haugen-Depuy to adopt Local Law # 5-2018; amending Chapter 132- Vehicle and Traffic of the Code of the Town of Rochester
LOCAL LAW # 5-2018:
Section 1.

132-2(B) of the code of the Town of Rochester shall be deleted in its entirety and replaced to read as follows:

B. Except when necessary to avoid conflicts with other traffic or in compliance with direction of a police officer, Town of Rochester Constable. Or traffic control device, if any, there shall be no parking in the following locations within the Town of Rochester, and such locations as may be determined by resolution of the Town Board of the Town of Rochester, at any time unless specifically noted

Name of Street Side of Road Location

Cherrytown Rd Both Boundary of 338 Cherrytown Road
Project 32 Rd Both County Route 27 to terminus of Project 32 Road
Towpath Rd North ( opposite side of Peterskill Creek) From 301 Towpath to 448 Towpath Road
Towpath Road South ( Accord Fire District access)

Section 3. Severability

If any part or provision of this local law is judged invalid by any court of competent jurisdiction, such judgement shall be confined in application to the part or provision directly on which judgement shall have been rendered and shall not affect or impair the validity of the remainder of this law or the application thereof to other persons or circumstances. The Town hereby declares that it would have enacted the remainder of this law even without such part or provision or application.

Section 4. Effective Date

This local law shall become effective immediately upon the filing in the office of the New York
Secretary of State pursuant to Section 27 of the Municipal Home Rule Law.

APPROVAL OF MINUTES:
Resolution # 316-2018:

A Motion was made by Councilman Hewitt to approve the following minutes;

(a) Aug. 30, 2018 Audit/Workshop meeting
(b) Sept. 6, 2018 Public Hearing, Local Law #5
(c) Sept. 6, 2018 Regular meeting
(d) Sept. 24, 2108 Special meeting
(e) Sept. 27, 2018 Public Hearing, EEO Zoning District parcel inclusion
(f) Sept. 27, 2018 Audit/Workshop meeting

Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 4-0aye, motion carried
Drabkin, absent

SUPERVISOR’S REPORT: filed with the Town Clerk

ATTORNEY for the TOWN UPDATE: working on Highway research and research on Cliff Road.

LIASION REPORTS:

Councilwoman Haugen-Depuy: Planning/ Zoning Dept: Planning fees: $ 700.00, misc fees: $ 30.18 and ZBA: $150.00 for a total for the month of September $ 880.18.
Building Department: Building permits: $ 5,618.40, C/O: $ 1,980.00 for a total: $ 7,598.40.

Councilwoman Fornino: Youth Commission: Heritage Day will be held 10/6/18 from 10-3pm. Children’s Halloween Dance party will be held 10/26/2018 from 5-7pm.
Supervisor Baden stated Line Dancing has begun and is going well!

SUPERVISOR’S UPDATE:

Supervisor Baden: had a meeting with the Ulster County Resource Recovery Agency. The State is cracking down on illegal dumping. The DEC has changed the laws of hauling commercial refuse. The RRA will no longer be able to transport commercial refuse from our transfer station. For the 2018 year we have sold 1 commercial transfer station permit and 10-12 non-resident permits. There is a resolution on the agenda to terminate sale of any new or renewal commercial and non-resident permits. Currently the Town of Rochester generates the second highest amount of waste. We are more than double any other community in the area aside from City of Kingston. Fortunately we are breaking even. We are taking in what we are spending.

An Investor from Pine Ridge Dude Ranch purchased the old Provident Bank building on Route 209 in Kerhonkson. This investor asked Supervisor Baden to accompany him to a meeting in New York City negotiating with the CEO of a large Financial Institution the consideration of opening a bank branch in the old Provident Bank building.

CORRESPONDENCE REPORT:

Copies are in each Board member’s folders. If any Board member has questions feel free to contact the Supervisor.

Town Calendar
Oct. 8 Planning Board Harold Lipton Community Ctr 7pm
Oct. 11 Environmental Conservation Commission Town Hall 6pm
Oct. 11 Town Board, Budget Town Hall 6:30pm
Oct. 15 Historic Preservation Commission Town Hall 2pm
Oct. 16 Ulster County Legislature County Office Bldg., Kingston 7pm
Oct. 18 Town Board, Budget Town Hall 6:30pm
Oct. 18 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Oct. 25 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm

PUBLIC COMMENT:

Residents asked what the outcome was with the meeting between the Town and Camp Rav Tov Rabbi.
Supervisor Baden stated that he along with Councilwoman Haugen-Depuy, Code Enforcement Officer Jerry Davis met with County Comptroller Elliot Auerbach, The Rabbi, his Attorney, and 3 affiliates. The Camp is going to work on better access to the camp driveway from Cherrytown Rd to lesson traffic issues. There will be construction of a new septic system, and they will try to alleviate some of the noise problem.
Supervisor Baden stated that the group acknowledged the fact that there were issues for the 2018 year and hope to work together to rectify some issues.

One resident asked what the possibility of fishing under the new bridge would be?
Supervisor Baden stated he would have to look at the easement.

Gerry Fornino thanked Councilwoman Haugen-Depuy for representing the Town at the 9/11 event held at the Accord Firehouse. Also a big thank you to Gary Palmer, owner of the Accord Speedway for holding the First Responders night. This is a very moving event and would like to help promote in the future so more people will attend.
Supervisor Baden stated that he had a prior commitment but attended a 9/11 service. The event he attended had the boy scouts, the Choir, the Coast Guard drill team, music, lots of great ideas.

Supervisor Baden has also been in contact with Shane Ricks who may be able to get a tree that survived 9/11 site. If this happens hopefully we can plant it during Veterans Day Service.

PRELIMINARY BUDGET PRESENTATION:

Town Clerk Gundberg:

The 2019 Tentative Budget was filed with the Town Clerk on 9/30/2018 which is in compliance with Town Law §106-2.

On October 4, 2018 I, Kathleen A. Gundberg am submitting to the Town Board the 2019 Tentative Budget along with correction as per Town Law §106-3 and the 2019 Proposed Accord Fire District Budget.

Supervisor Baden stated that the Preliminary Budget does exceed the tax cap. Currently it shows a 12.07% increase. In order to stay under the tax cap the Board will have to cut $ 159,000.00. Supervisor Baden also stated that in the past 10 years 2.2 million dollars of unallocated fund was put towards the budget to be used as day to day needs.

DISCUSSION:

CONSTABLE PROGRAM & DUTIES:

Supervisor Baden stated that he met with personnel from the Ulster County Emergency Management regarding the 911 radio access. Concerns were expressed to Supervisor Baden regarding the Constabulary program, training, policies and procedures. An example given was what could potentially happen if a Constable was first on scene and evidence is tampered with or altered. Supervisor Baden was told that the Constables can still respond directly to the Sheriff’s Department and State Police.

Chief Miller stated that car to car communication is not effective. Open Communication is a must. Each Officer of the Constabulary exceeds the required hours for training and training certificates are filed with the Town.
Supervisor Baden asked that Chief Miller review the duties of the constabulary approved by the Town Board previously.
Attorney Christiana is going to review the policy and procedure manual.
The Board tabled the discussion until more information is gathered.

Supervisor Baden received a letter from the Accord/ Kerhonkson rescue squad thanking the Constabulary for their assistance. In the past month Constables were involved in 3 life saves.

Eric Humphrey, Minnewaska Park Superintendent sent a request pleading for the Constabularies help with issuing tickets at Minnewaska State Park.

CHECK HANDLING POLICY AND PROCEDURES:

Town Clerk Gundberg reviewed the check handling policy and procedure adopted by the Town Board on 10/6/2016.
It was agreed to have Supervisor Baden work with Town Clerk Gundberg on revisions to the policy.

RESOLUTIONS:

AUTHORIZATION OF USE OF CONSTABULARY FOR MINNEWASKA:
Resolution # 317-2018:

A Motion was made by Councilwoman Haugen-Depuy to authorize Supervisor Baden to schedule constables for days needed to assist in the parking violations at the request of Minnewaska Park Superintendent.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent

TERMINATION OF COMMERCIAL AND NON-RESIDENT TRANSFER STATION PERMITS:
Resolution # 318-2018:
A Motion was made by Councilwoman Haugen-Depuy terminating the sale of any new or renewal commercial or non-resident transfer station permit effective Oct. 5, 2018. Existing 2018 permits shall be allowed to complete the 1-year period of validity, but shall not be renewed upon expiration.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent

ADOPTION OF TOWN OF ROCHESTER “ EMPLOYEE PRACTICES MANUAL”:
Resolution # 319-2018:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board adopts the “Employment Practices Manual”, as prepared by Michael Richardson, labor consultant, and the Town Board effective 12/1/2018 and authorizes the Supervisor to conduct a town employee meeting with Mr. Richardson to present the manual prior to effective date.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent

ADOPTION OF TOWN OF ROCHESTER “ COMPENSATION AND BENEFITS MANUAL”
Resolution # 320-2018:

A Motion was made by Councilman Hewitt that The Town Board adopts the “Compensation and Benefits Manual”, as prepared by Michael Richardson, labor consultant, and the Town Board, and authorizes the Supervisor to conduct a town employee meeting with Mr. Richardson to present the manual.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent
SEXUAL HARASSMENT POLICY:
Resolution # 321-2018:

A Motion was made by Councilwoman Fornino to adopt Employment Practices Manual
( Sec.5.3.7) immediately in conjuncture with the Sexual Harassment Complaint form.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent

ACCEPTING A DONATION:
Resolution # 322-2018:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board accept donation of $61.00 collected from various people by the Recreation Department during the Rondout Valley Lions Club Fall Festival.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent

AUTHORIZING THE SUPERVISOR TO ACCEPT A QUOTE TO PURCHASE 4 TIRES FOR TRANSFER STATION BACK HOE:
Resolution # 323-2018
Quotes:
Van Kleeck’s Tire, Inc.
Rear Tire: 2@ 16.9-28 Galaxy E-Z Rider R4 10 Ply $550 per tire
Front Tire: 2@ 14-17 5G Galaxy XD 2010 $305 per tire
Total Quote: $1710
Pine Plains Tractor & Equipment, Inc.
Rear Tire: 2@ 16.9-28 $1506.25 for 2 tires
Front Tire: 2@ 14-17 $981.25 for 2 tires
Total Quote: $2487.50
A Motion was made by Councilman Hewitt accepting the quote from Van Kleeck’s Tire, Inc. for the purchase of 4 tires in the amount of $1710 and authorizing the Transfer Station Supervisor to order same.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent

ACCEPTING THE PROFIT AND LOSS STATEMENT AS PRESENTED BY KAFAS:
Resolution # 324-2018:

A Motion was made by Councilwoman Haugen-Depuy the Town Board accepts the Profit & Loss Statement presented by the Kerhonkson Accord First Aid Squad in accordance with the shared services contract in effect between the Town of Rochester and KAFAS.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin absent

AUTHORIZING THE SUPERVISOR TO ENTER INTO A CONTRACT WITH THE ULSTER COUNTY YOUTH BUREAU:
Resolution # 325-2018:

A Motion was made by Councilwoman Fornino authorizing the Town Supervisor to enter into a contract on behalf of the Town with the Ulster County Youth Bureau to secure funding provided by the New York State Office of Children and Family Services for out-of-school summer recreational programs operated by the Town.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent

AUTHORIZING THE SUPERVISOR TO SIGN DRAFT RENEWAL AND MODIFICATION OF NYS DEC MINED LAND RECLAMATION PERMIT:
Resolution # 326-2018:
A Motion was made by Councilman Hewitt authorizing the Town Supervisor to sign the draft renewal and modification of NYSDEC Mined Land Reclamation Permit #3-5144-00126/00001 to install solar panel array.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
AMENDMENT TO RESOLUTION # 242-2018:
Amendment of 2018 General Fund Budget- Budget Modification:
Resolution #327 -2018:
A Motion was made by Councilwoman Haugen-Depuy amending Resolution #242 of 2018 as presented;
Amendment to the adopted 2018 General Fund budget, debiting appropriation account A73104.4 A7310.4, Youth Programs CE, in the amount of $500.00 $800.00 to new total $30,165.00 $29,865.00 and crediting appropriation account A7620.4, Adult Rec CE in the amount of $500.00 $800.00 to new total $5610.00
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent

BUDGET AMENDMENT- GENERAL FUND:
Resolution # 328-2018:

A Motion was made by Councilman Hewitt that the Town Board approves the following General Fund budget amendments, as recommended by the Town Supervisor
A9060.8 Medical Insurance -$20,000 New Budgeted $207,089
A1420.4 Attorney CE +$16,000 New Budgeted $46,000
A1440.4 Engineer CE +$4,000 New Budgeted $4,000
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
BUDGET AMENDMENT – HIGHWAY FUND:
Resolution # 329 -2018:
A Motion was made by Councilwoman Haugen-Depuy approving the following Highway Fund budget amendments, as recommended by the Town Supervisor
DA5130.2. Machinery EQ -$2,000 New Budgeted $23,000
DA1910.4 Unallocated Insurance CE +$1,500 New Budgeted $21,200
DA5120.4 Bridges CE +$500 New Budgeted $500
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
Resolution #330 -2018:
A Motion was made by Councilman Hewitt approving the following Highway Fund budget amendments, as recommended by the Town Supervisor
DA9730.6
Debt Service-BAN Principal $32,000 to be paid from Highway Unallocated Fund Balance.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
SETTING PUBLIC HEARING, 2019 FISCAL YEAR TOWN OF ROCHESTER FINAL BUDGET:
Resolution # 331-2018:

A Motion was made by Councilwoman Haugen-Depuy to schedule a public hearing for the 2019 fiscal year Town of Rochester Budget, to be held November1, 2018 at 6:30pm at Town of Rochester Town Hall, 50 Scenic Road, Accord, NY and directs the Town Clerk to post and circulate legal notice.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent

SETTING PUBLIC HEARING, LOCAL LAW # 8 OF 2018:Override of the tax levy limit for fiscal year 2019 Town of Rochester budget pursuant to General Municipal Law §3-c
Resolution # 332-2018:

A Motion was made by Councilman Hewitt pursuant to Municipal Home Rule, the Town Board hereby sets a date for the public hearing of Local Law #8 of 2018 – Override of the tax levy limit for fiscal year 2019 Town of Rochester budget pursuant to General Municipal Law §3-c, to be held November1, 2018 at 6:30pm at Town of Rochester Town Hall, 50 Scenic Road, Accord, NY and directs the Town Clerk to post and circulate legal notice. A copy of such Local Law shall be made available in the Town Clerk office, Assessor office, and posted on the Town website.

SETTING A SPECIAL MEETING:
Resolution # 333-2018:

A Motion was made Councilwoman Haugen-Depuy to schedule a Special Meeting for
November 15, 2018 at 6:30pm at Town Hall, 50 Scenic Road, Accord, NY for the purpose of adopting a final Town budget for fiscal year 2019 and directs the Town Clerk to post and circulate notice of such.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent
BOARD MEMBER TIME

ADJOURNMENT

A Motion was made by Councilwoman Fornino to adjourn the meeting at 8:56pm.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 4-0 aye, motion carried
Drabkin absent

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK