The October 3, 2019 Regular Town Board Meeting was held at 6:40pm at the Town of Rochester Town Hall immediately following the 2 scheduled Public Hearings.

PRESENT:
Councilwoman Cindy Fornino Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Supervisor Michael Baden
Town Clerk Gundberg Attorney Christiana

ABSENT:
Councilman Brian Drabkin

Meeting Calendar
Oct. 9 Town Board Budget Workshop Meeting Town Hall 6pm
Oct. 10 Environmental Conservation Commission Town Hall 6:30pm
Oct. 10 Planning Board Regular Meeting Harold Lipton Community Ctr 7pm
Oct. 14 Town Offices Closed – Columbus Day
Oct. 15 Ulster County Legislature County Office Bldg., Kingston 7pm
Oct. 16 Youth Commission Harold Lipton Community Ctr 9:30am
Oct. 16 Town Board Budget Workshop Meeting Town Hall 6pm
Oct. 17 ECC 3rd Thursday Nature Series Town Hall 6:30pm
Oct. 17 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Oct. 21 Historic Preservation Commission Town Hall 2pm
Oct. 23 Town Board Budget Workshop Meeting Town Hall 6pm
Oct. 28 Planning Board Workshop (if needed) Harold Lipton Community Ctr 6:30pm
Oct. 30 Town Board Audit/Workshop Meeting Town Hall 6pm
Nov. 5 Town Offices Closed – Election Day
Nov. 7 2020 Budget Public Hearing Town Hall 6:30pm
Nov. 7 Town Board Regular Meeting Town Hall following public hearing

SUPERVISOR’S REPORT: filed with the Town Clerk

TENTATIVE BUDGET PRESENTATION BY TOWN CLERK:
The 2020 preliminary budget was filed with the Town Clerk by e-mail on 9/30/2019 which is in compliance with Town Law §106(2).
On October 3, 2019 I, Kathleen A. Gundberg Town Clerk am submitting to the Town Board the 2020 Tentative Budget for the Town of Rochester as per Town Law §106(3) and the 2020 Proposed Kerhonkson Fire District budget.

SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:

Supervisor Baden stated that the Community Center building is complete. Offices are back-up and running in their original office space. Monday October 7- afterschool program will begin at the Center, currently they have been operating their program at the Town Park. The construction crew is moving back to the food pantry to finish up. There was a discovery of fuel spill from the tank behind the Community Center. It was determined that there was a hole in the tank for some time now, the Town contracted with a Company from New Paltz, after 1 day of digging 5 feet deep ground water was tested and found to be contaminated. Thankfully the Highway Department has been helpful in continuing the digging and will save the Town ¾ of the bill.
Deputy Highway Superintendent Frey stated that the deeper we dug the worse it got.
Towpath Run: Supervisor Baden stated it was a well-attended event put on by the Little One’s Library with approximately 40 runners. Thank you to Chief Miller as he and Supervisor Baden led the runners and the First Aid squad followed behind the race.
11/2/19: The ribbon cutting for the Route 209 solar site.

DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilwoman Haugen-Depuy: Building Department: Zoning permits: $ 490.00, Building permits: $ 5,541.05, Misc. permits: $ 2,203.71. C/O: $ 800.00 for a total $ 9,034.76 and a year to date total: $ 74,031.84.

CHIEF CONSTABLE REPORT:
Minnewaska detail: As requested the following is a report on the Minnewaska Traffic Detail. Over the 4 weekend dates in September, we were able to provide coverage on 2 days on
the dates we were in service Vehicle and Traffic tickets were issued on roadways around the Minnewaska State Park.
Constabulary: In addition to the attached Court Security schedule the Constabulary answered 41 direct calls for service and other duties in September of 2019. These included:•9 Neighbor to Neighbor Issues and 7 Solutions, 2 are Ongoing •4 Resident Traffic Complaints (Samsonville Rd., Old King’s Hwy., Rd., Fischer Rd., and Krum Rd.) •3 Environmental Complaints (Van Tine Rd., Queens Hwy., and Lower Granite Rd.) •6 Building Department Violations•25 New Court Cases Opened ( 6 Town Law, 19 NYS VTL) •42 Court nights, articles were being removed or vandalized on his property. Investigation is ongoing. We received a complaint about mail be stolen including checks and bills. Last Sunday Supervisor Baden and Chief Miller provided road safety for the Towpath 6K Run. They had an excellent turn out. It is my pleasure to inform the Board that we have been awarded $3,121.16 in grant funding from the U.S. Department of Justices’ Bulletproof Vest Partnership. This will allow us to replace outdated and/or expired vests for our office.
Building department: As requested the following is a report on the Building and Zoning Violation Detail. Over the month of September, 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 4 additional properties that need to be visited to address possible violations evident from the roadway. No additional time were expended. As is usual, I have taken additional several complaints and information from Town residents alerting us to properties and possible violations. We will examine each one to determine if a violation has occurred.
Proceedings Remain Open (40 VTL, 2 TL)•19 Court Proceedings closed (4 PL,15 VTL) Interesting Occurrences: We responded to a medical emergency at the Pine Ridge Ranch called in by the staff. An elderly woman was experiencing seizures and needed assistance. We remained until the ambulance transported the patient to Ellenville hospital. The continuing investigation into the Graffiti evident of the old supermarket on 209 has yielded some critical information regarding gang involvement. The investigation continues. We took a complaint regarding a mailbox being destroyed on multiple occasions, investigation is ongoing. During an evening Court session, a tractor trailer making a turn onto Clay Hill from Samsonville Rd. blew it’s brake line and was stuck blocking both roads and a significant section of the courts’ parking area. We managed the scene until a replacement line was installed and the road cleared.

ATTORNEY FOR THE TOWN UPDATE:

Attorney Christiana presented to the Town Board the intermunicipal agreement and accessory documents regarding the Alligerville Firehouse project for review.

INTERMUNICIPAL AGREEMENT:
Resolution # 232-2019:

A Motion was made by Councilwoman Fornino authorizing the Supervisor to sign the Intermunicipal agreement for conveyance of a portion of County Road # 29A, also known as Creek Road, located in Alligerville-Town of Rochester.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
ACCESSORY DOCUMENTS:
Resolution # 233-2019:

A Motion was made by Councilman Hewitt on the advisement of Town Attorney Christiana that the Town of Rochester accept deed and authorize the Town Supervisor to sign accessory documents to go with the deed.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
HIGHWAY SUPERINTENDENT REPORT:

BRIDGEAND CULVERT STATUS:
From: Superintendent of Highways Antonino Spano

1. On Wednesday, September 18, 2019, I had a discussion with Barry Medenbach concerning the status of the two bridges currently flagged by the NYS DOT and one culvert. Those bridges are the Boice Mill Road Bridge, Mill Hook Road Bridge, and Old Minnewaska Trail Culvert. Based on the permit process with the NYS DEC, it is not anticipated that any permits will be issued prior to October 1, 2019. Therefore, the bridge and culvert work will not be conducted until the 2020 year.

2. The purpose of providing this information to the Town Board, is to make you aware of the current bridge/culvert conditions in preparation for future budgeting concerning bridge repair and/or replacement cost. Currently, I am working with Mr. Medenbach with obtaining estimated replacement costs for the 2020 budget.

BOARD MEMBER TIME:

Councilwoman Haugen-Depuy wants to remind everyone that October is Breast Cancer Awareness month.
Councilman Hewitt would like to change Columbus Day to Indigenous people day.
Town Attorney Christiana was uncertain if that can be done given it was a State Holiday.

PUBLIC COMMENT:

Meg Smith stated for the record, “ to date the Constabulary has not received any grants for their program. She reiterated that the Bullet Proof Vest initiative DOJ grant Mr. Miller was referring to earlier in the meeting is not 100% paid for through the grant the grant will only match up to 50%. You can look it up on bulletproof vest partnership. When I hear at no cost to the Town for the Constabulary red flags go up for me.”

Ronald Countryman stated he is having an issue with an absentee landlord and code violations that are not enforced. “This has been going on for over a year. I have Jerry Davis on recording saying the building should have been torn down years ago, I have his secretary Becky stated that Jerry may have been satisfied with the Landlords reply for fixing the problem, the landlord threw dirt on top of the septic bubbling out of the ground. I’ve tried calling Mike from the Board and he doesn’t call me back. I’m angry because I can’t even have my 4 year old and 2 year old outside, we are currently living in a tent at the Rondout Campground because I can’t have my kids outside and nobody wants to help me. I had an electrical fire in my bathroom from the outlet so the electric is a problem too. This has been going on for too long.”

Supervisor Baden stated he would look into it and be in touch.

JCAP GRANT:
Resolution #234-2019:

A Motion was made by Councilwoman Haugen-Depuy authorizing the Town of Rochester Justices to apply on behalf of the Town for a JCAP grant, in an amount of $ 29,980.00, for repairs to the courthouse roof, installation of a new judges bench, and other building repairs. The Town Board further authorizes the Supervisor to co-sign the grant application
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent

2018 & 2019 J CAP EXPENDITURE REPORT:

Councilwoman Haugen-Depuy submitted for discussion the 2018-2019 J Cap grant expenditure report. In 2018 the grant award was for $ 8,229.99 this paid for building supplies. A balance of
$1,420.05 remained at the end of 2018 and was added to the 2019 grant award in the amount of
$9,000.00. The remaining balance of 2018 and the total balance for 2019 were used for building supplies to complete the annex to the Courthouse. Councilwoman Haugen-Depuy explained that after the excess materials were returned we still need approximately $ 2,600.00 to complete the building. Supervisor Baden stated that the building has been at no cost to the Town thus far and would like authorization to spend up to $ 2,600.00 for the building fund to complete the building.

AUTHORIZATION FOR SUPERVISOR TO SPEND $ 2,600.00 OF BUILDING FUND:
Resolution # 235-2019:

A Motion was made by Supervisor Baden authorizing the expenditure of $ 2,600.00 from the Building fund to be used to complete the Courthouse annex building.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent

REQUEST FROM FOOD PANTRY:

Supervisor Baden received a request from the Town of Rochester Food Pantry for assistance from the highway department in moving the food pantry from the Accord Fire District to the new Food Pantry building. Supervisor Baden stated that the Highway Department has a union contract and cannot be assigned tasks outside their regular duties. Furthermore the Town doesn’t have the materials and equipment to move coolers, fridges & freezers. The Board agreed to assist in finding alternatives and reach out to volunteers that may have equipment to help with the move.

RESOLUTIONS:

AMENDING RESOLUTION # 135-2019 – TOWN HIGHWAY SECTION 284 AGREEMENT:
Resolution # 236-2019:

A Motion was made by Supervisor Baden that the Town Board hereby amends resolution 135-2019 as follows;
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.

Blacktop – not to exceed $100,000 (as budgeted)
Sages Loop, Queens Highway, Elizabeth Street
Guard/Bridge Rails – not to exceed 10,000 (as budgeted)
Boice Mill Road, Waterfalls Road, Upper Cherrytown Road
Culverts – not to exceed $10,000 (as budgeted)
Equipment Rentals – not to exceed $10,000 (as budgeted)
Stone – not to exceed $35,000 (as budgeted)

Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
AMENDING RESOLUTION #210-2019:
Resolution # 237-2019:

A Motion was made by Councilman Hewitt that the Town Board hereby amends resolution 210-2019 to read:
The Town Board authorizes the Supervisor to sign the Intermunicipal Agreement for the shared services of the position of Town Assessor with the Towns of Marbletown and Rosendale upon the terms and conditions of the agreement for the period October 1, 2019 through September 30, 2025.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
ACTION ON THE MINUTES:
Resolution # 238-2019:

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

Sept. 5, 2019 Regular Meeting
Sept. 24, 2019 Special Meeting
Sept. 26, 2019 Audit/Workshop Meeting
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
SETTING 2020 BUDGET PUBLIC HEARING:
Resolution # 239-2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board sets a public hearing to hear comments regarding the 2020 Town of Rochester Budget to be held Thursday, November 7, 2019 at 6:30pm at Town of Rochester Town Hall. The November regular meeting will immediately follow the public hearing. The Town Clerk is requested to post required public notification of the hearing.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent

AUTHORIZING THE SUPERVISOR TO SIGN A CONTRACT-FIRE ALARM SYSTEM:
Resolution # 240-2019:

A Motion was made by Councilman Hewitt that the Town Board authorizes the Supervisor to enter into a contract with Rest Assured Alarm Systems Inc., 244 Clinton Ave., Kingston, NY 12401 for fire alarm monitoring at the Harold Lipton Community Center for a ten-year agreement period, payable annually at the rate of $540 per year.
Second: Councilwoman Haugen-Depuy
Discussion: Supervisor Baden stated this is part of NY RISING program. The Board agreed to table said resolution until more information can be gathered.

Motion Tabled.

AUTHORIZING THE SUPERVISOR TO SIGN A CONTRACT-SMALL EMPLOYER BENEFITS PACKAGE:
Resolution # 241-2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board accepts the Small Employer Benefits Package with enrollment of qualified Town employees/spouses/families in the MVP Liberty Silver 8 Health Plan, effective December 1, 2019, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.

Premium Rates per month 10% increase from 2018-2019
Single $774.97
Employee/Spouse $1549.94
Employee/Children $1317.45
Family $2208.66

Deductible 80% paid by town (split 40% town – 20% employee – 40% town)
Town Payment paid monthly as utilized
Monthly Fee $2.50
Individual $3700 per year
Family $7400 per year
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
AUTHORIZING THE SUPERVISOR TO SIGN A CONTRACT-RETIREE BENEFITS PACKAGE:
Resolution # 242-2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board accepts the Retiree Benefits Package with enrollment of qualified retired Town employees/spouses in the MVP Health Plan, effective January 1, 2020, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.

Premium Rates per month $ 379.29 2.93% decrease from 2019
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent

WAIVER OF MARRIAGE LICENSE FEES FOR US ARMED FORCES MEMBERS:
Resolution # 243-2019:

A Motion was made by Councilman Hewitt;

Whereas, on August 20, 2019 Governor Andrew M. Cuomo signed legislation (S.3756/A.55) waiving the state fee for marriage licenses for active duty members of the U.S. armed forces or their spouses and;

Whereas, the bill also gives local governments freedom to waive the fees they charge for marriage certificates for active duty service members or spouse and;

Therefore, The Town of Rochester Town Board authorizes the Town Clerk to waive collection of the local fee of $10.00 for marriage licenses for active duty members of the U.S armed forces
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
PROPOSED EXECUTIVE SESSION:

A Motion was made by Supervisor Baden to enter into executive session at 7:55pm for the purposes of discussion concerning matters leading to the employment, demotion, discipline, suspension, dismissal or removal of a particular employee. The attorney for the Town is requested to attend.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent

A Motion was made by Councilwoman Haugen-Depuy to reconvene the meeting at 8:15pm stating no action taken nor monies expended.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent

EXTEND OFFER OF AGREEMENT:
Resolution # 244-2019:

A Motion was made by Supervisor Baden to extend offer of separation agreement between the Town of Rochester and IBEW 363.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
ADJOURNMENT:

A Motion was made by Councilwoman Fornino to adjourn the meeting at 8:16pm.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK