The October 1, 2020 Regular Town Board Meeting was held at 6:30pm by livestream broadcast on youtube at http://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
PRESENT:
Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Town Attorney Marylou Christiana
Call to Order – Pledge to the Flag – Roll Call
MOMENT OF SILENCE:
A moment of silence was held in memory of Alice Schoonmaker.
STATEMENT FROM THE SUPERVISOR:
I have confirmed with the Town’s Counsel that tonight’s meeting has been convened in accordance with the Governor’s March 13, 2020 Executive Order 202.1 which suspends certain provisions of the Open Meetings Law to allow a municipal Board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight’s meeting via YouTube and a transcript will be provided at a later date.
The Town Clerk has completed a roll call of the Board Members and there is a quorum present for this meeting. I have also confirmed with the Town Clerk that this meeting has been duly noticed.
We have fulfilled our legal notice requirements by posting Notice on the Town Clerk bulletin board and outside door, posting legal notice in the Daily Freeman, and posting notice on the Town’s website.
PUBLIC COMMENT:
Len Bernardo commended the Town Board for being active in getting a server put in place. I’ve been talking about this for a long time and glad to see if being done. I hope the old server and information will be moved to the new server. And hope that employees change their email passwords.
Supervisor Baden stated the Town never owned a server the information will be transferred . We are moving to a new email system.
ATTORNEY FOR THE TOWN UPDATE:
Attorney Christiana has been working on the Article 78 proceeding that the insurance is covering. Kate certified the records and everything will be submitted next week.
FREER LITIGATION:
Resolution # 207-2020:
A Motion was made by Supervisor Baden that the Town Board motions for the default judgement for failure to answer in the filing of Freer’s breach of contract.
Second: Councilman Paddock
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
2021 TENTATIVE BUDGET PRESENTATION- TOWN CLERK:
As per Town law ᶳ106 the Tentative budget was filed with me on September 30, 2020, and I Kathleen Gundberg hereby present to the members of the Town Board the 2021 tentative Budget via e-mail, hard copies have been made and are available for pick up.
Supervisor Baden stated we are $ 18,974.00 over the tax cap but confident that the Board will be able to make proper cuts. Where this stands currently the average household will see an increase of $ 30.14 more a year and the average parcel would see $ 26.01. the total would be a 5.7% increase. $ 150,000 was used from the General Fund balance and $ 140,000 was used from the Highway Fund balance. This included $ 50,000 for new playground equipment. We are going to need computer upgrades and immediate needs to the buildings next year.
Councilman Hewitt stated that he is confident we will below the tax cap, Now is the time if any departments want to bring us ideas and suggestions to incorporate feel free to reach out to us.
LIQUOR LICENSE AMENDMENT:
On March 5, 2020 a Liquor license was filed for Stone Hills Farmhouse and the applicant would like to amend their application as of October 1, 2020.
Resolution # 208 -2020:
A Motion was made by Councilwoman Haugen-Depuy to waive the 30 day hold on the amended liquor licence application for Stone Hills Farmhouse.
Second: Councilman Paddock
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
AMEND TIME FOR THE 2021 BUDGET WORKSHOP MEETINGS:
Resolution # 209-2020:
A Motion was made by Councilwoman Enouen to amend the times of the 2021 Budget meetings to 6:00pm. 10/6/20,10/14/20,10/21/20.
Second: Councilman Hewitt
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
SUPERVISOR’S REPORT:
September 2020 – Filed with the Town Clerk
Announcement of September 2020 Financials
Revenue
General Fund: $ 126,418.73
Highway Fund: $ ,8,859.26
Receipts received from the Town Clerk’s office from August $ 43,642.25
September $ 40,667.38
Expenditures
Abstract 9-2020
General Fund $ 75,708.08
Highway Fund $ 107,154.69
Street Lighting Fund $ 2.12
Grant Account $ 8.53
Escrow Account $ 1089.00
Supervisor’s Update/Correspondence Report
COVID-19 Report:
Though there are increase we seem to remaining stable for the time being.
Census 2020:
The Federal Court overruled the 9/30/20 deadline to 10/31/2020. On 9/24/20 we were at 53.5% in 2010 we were at 53.7%.
2021 Ulster County Budget:
The presentation showed 0 % increase in the County taxes.
Veterans Park:
Big Thank you to Rick Jones, Jeff Frey and Jared Gundberg for their help in planting 2 linden trees down at the Veteran’s Park. The plan is to plant 5 in total with having the 9/11 tree behind the center of the park. We are looking into smaller sugar maples or something with in the maple family.
NYS Approval of Amendment to JCAP Grant:
Judge Shaheen was able to successfully have a JCAP grant amended. The amendment allows for overhead roof above the handicap ramp.
Dept. Updates/Liaison Report:
Councilwoman Enouen: Transfer station: everything seems to be going smooth, the cardboard bin is more challenging than the previous bin.
Councilman Paddock: Recreation Dept.: the Cornbeef luncheon went off without a hitch. We are excited about the playground, Ashley, Jeff and Adam are going to work on replacing equipment at the park. Currently we are working on a Senior Project. We are working on identifying seniors at risk, those living alone and those living below the poverty line to see what services we can accommodate them with.
Councilwoman Haugen-Depuy: Court: another bench was donated by the Office of administration for the Courthouse.
Councilman Hewitt: ECC: The Rondout Creek and watershed alliance plan a clean up for 10/10/20.
Supervisor Baden: Assessor’s report:
DATA VERIFICATION PROJECT:
As part of the Annual re-assessment plan adopted by the Town several years ago, I am required to review the inventory of parcels in the Town. Starting in June I will start this project to complete the parcels that need to be reviewed prior to next year’s roll. So far this year I have inspected 733 parcels.
EXEMPTION RENEWAL APPLICATIONS:
During the month of October we will start to prepare the Renewal Applications for property owners. We need to send out applications for Senior Citizens, disabled persons with limited incomes, Agricultural Exemptions, Wholly Exempt properties, Grandparents, Clergy and Forest exemptions. We will be mailing the applications out the end of October. All exemptions are due March 1, 2021. In July we received notice that 20% of funding was
Highway Supt. Report:
Superintendent Frey stated it was a good summer. A big thank you to the Marbletown highway department for their help with the use of the paver and crew through shared services. The guys do a fantastic job, one new employee started this week. We ran a water line down to the Veteran’s park for the watering of the trees. Next we get ready for snow season.
Constabulary Report
Court is partially open. The Constabulary answered 31 direct calls for service and other duties in August of 2020. These included:
•18 Neighbor to Neighbor and Quality of Life Complaints
•4 Resident Traffic Complaints (Trail’s End Rd. Towpath Rd., Mill Hook Rd, Granite Rd.) •3 Environmental Complaints, (Towpath Rd., Lake View Rd. and Queens Hwy.)
•11 Building Department Violations
•2 New Court Cases Opened*
•17 Court Proceedings Remain Open*•0 Court Proceedings Closed*(Due to COVID-19 Court Closures, Latest Numbers are Unavailable
During this month, we continued to receive many calls regarding individuals and larger groups trespassing on residents’ properties in many locations within the Town. We are still receiving many new, as well as ongoing complaints regarding garbage being dumped on their properties and on local roads. Neighbor to neighbor complaints have declined somewhat and they have been defused successfully and without incident. Traffic Patrols along Rt. 44/55 in the Town adjacent to Minnewaska Park are ongoing as we have personnel availability. During the times this month that we were out, traffic flow was kept moving and the road remained usable without significant delays. We assisted many disabled and lost motorists, many stopped in very dangerous roadside locations. One had an infant that was dehydrated. All left quickly and safely without injury nor incident. These included a hit and run property damage only accident. Many Town residents and many non-residents stopped to thank us for our efforts. Due to the COVID-19 pandemic, we continue to have limited direct contact with complainants
Resolutions
ACTION ON THE MINUTES:
Resolution # 210-2020:
A Motion was made by Councilman Paddock that Town Board accepts the minutes of the September 1, 2020 Regular, September 8, 2020 Special and September 24, 2020 Audit/Workshop meetings.
Second: Councilwoman Enouen
Discussion: Councilwoman Haugen-Depuy stated she would vote on all but the 9/24 meeting that she didn’t attend.
AMEND RESOLUTION # 210-2020:
A Motion was made by Councilman Paddock to amend the motion that the Town Board accepts the minutes of the 9/1/2020 Regular & 9/8/2020 Special meeting.
Second: Councilwoman Enouen
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
APPROVAL OF MINUTES:
Resolution # 211-2020:
A Motion was made by Councilman Paddock to accept the minutes of the 9/24/20 Audit/workshop meeting.
Second: Councilwoman Enouen
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy abstain
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
4-0aye, motion carried
Haugen-Depuy Abstain
AMENDING RESOLUTION # 121-2020: TOWN HIGHWAY SECTION 284 AGREEMENT:
Resolution # 212-2020
A Motion was made by Councilwoman Haugen-Depuy upon recommendation of the Highway Superintendent, the Town Board hereby amends resolution 121-2020 as follows
edits in bold
The Town Board approves the expenditure of $182,000 [$238,000] in highway monies for the primary work and general repairs of 111 miles of Town highways, in accordance with section 284 of the Highway Law, and authorizes signature of the agreement. The expenditures have been verified as being budgeted Highway Fund amounts for 2020 by the Supervisor.
Single Chip Seal not to exceed $75,000
Sundale Road, Krum Road, Rock Mountain Estates, Fisher Road, Berme Road
[Queens Highway not to exceed $31,000]
Blacktop Pave 2” not to exceed $60,000
Vantine Road (entire road), Sundale Road (areas needed)
[Trails End Road not to exceed $25,000]
Stone not to exceed $27,000
Culverts not to exceed $10,000
Equipment Rental not to exceed $10,000
Second: Councilman Hewitt
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
ULSTER COUNTY PLANNING BOARD ALTERNATE TOWN REPRESENTATIVE:
Resolution # 213-2020:
A Motion was made by Supervisor Baden upon recommendation of the Town Supervisor, the Town Board authorizes the Town Supervisor to submit the name of Councilwoman Erin Enouen to the Ulster County Planning Board for consideration by the Ulster County Legislature to serve as the Town of Rochester alternate member.
Second: Councilman Hewitt
ROLL CALL:
Councilwoman Enouen abstain
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
4-0aye, motion carried
Enouen-Abstain
APPROVE REQUEST TP CONSTRUCT CODE ENFORCEMENT STORAGE SPACE:
Resolution # 214-2020:
A Motion was made by Supervisor Baden Upon recommendation of the Code Enforcement Officer and Fire Inspector, the Town Board authorizes the expenditure of up to $8,000 for labor and materials to enclose the porch area in front of the Code Enforcement Office at the Harold Lipton Community Center to be utilized as file storage. Work to be done “inhouse” utilizing town employee personnel who shall be compensated at the rate of $25 per hour for this additional work. Such work shall not apply toward overtime compensation.
Councilwoman Haugen-Depuy
Discussion: after discussion with Town Attorney the Board to table the resolution until further information can be researched.
AUTHORIZING THE SUPERVISOR TO PURCHASE IT EQUIPMENT:
Resolution # 215-2020:
A Motion was made by Supervisor Baden Upon recommendation of Fisch Solutions, Town IT consultant, the Town Board authorizes the purchase of the following from Fisch Solutions
Town Hall
Lenovo Tower Server – Xeon Bronze/Silver Class processor – 16GB Ram – 2TB usable storage Windows Server 2019 STD
Fisch Solutions provided by NYS contract $6290.00
Town Hall
SonicWall TZ Class Firewall – TZ400 + (3) Ubiquiti Ac-Pro Access Points
Fisch Solutions provided $1824.00
Comparison Quotes range from $1827.94 – $1888.49
SonicWall TZ Class Firewall – TZ400
Dell $1225.00
Direct Supply $1283.99
Comparison Quotes
(3) Ubiquiti Ac-Pro Access Points
Newegg $200.98 each $602.94
Show Me Cables $201.50 each $604.50
Community Center
SonicWall TZ Class Firewall – TZ300 + (2) Ubiquiti Ac-Pro Access Points
Fisch Solutions provided $1305.00.00
Comparison Quotes range from $1310.45 – $1348.88
SonicWall TZ Class Firewall – TZ300
Staples $908.49
ShopCom $945.88
Comparison Quotes
(2) Ubiquiti Ac-Pro Access Points
Newegg $200.98 each $401.96
Show Me Cables $201.50 each $403.00
Office 365 Hosted Mail Exchange
Fisch Solutions provided $9.99/month/user
Comparison Quotes
NYS Contract $18/month/user
Rockspace Technology $10.99/month/user
Liquid Web $10.00/month/user
Second: Councilman Paddock
Discussion:
Councilwoman Haugen-Depuy asked why the equipment isn’t going out to bid? I don’t feel good about having a business put quotes together for the Board to purchase equipment based on their research because how do we know his bid is the lowest on some of these items.
Councilman Hewitt stated that we are trusting Fisch to find quotes, he’s part of our team. We hired him and trust him to do the job.
Councilman Paddock stated that we hired a consultant because we don’t know the first thing about servers and equipment. This company was the best we hired him we could spot check but do we really want too? We hired him and part of the job was to look into equipment & quotes.
Supervisor Baden stated the equipment doesn’t need to go out to bid, we just need 2 quotes and we authorized Jason to do just that. He has provided us with the information.
Councilwoman Enouen stated that we hired Fisch to advise us on matter such as these, he gave an analysis and identified the 4 items, he is in line with what we have budgeted for 2020.
Attorney Christiana asked was it in the RFP as part of the duty of the Consultant to research and provide quotes.
After review of the RFP it was discovered that it was within the duties of the Consultant to research and provide quotes to the Board.
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy nay
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
4 aye,1 nay, motion carried
ACCEPTANCE OF A DONATIONS OF GOODS:
Resolution # 216-2020:
A Motion was made by Councilman Hewitt that the Town Board authorizes the Town Supervisor to accept a donation of an industrial barbecue grill from the Accord Fire Department Company #1 and the donation of cabbage and bread from Ashley Sweeney, Recreation Director for the St. Patricks day luncheon.
Second: Councilman Paddock
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
ACCEPTANCE OF CASH DONATIONS:
Resolution # 217-2020:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board authorizes the Town Supervisor to accept a donation of $100 from Elaine and Mel Tapper and $49 in cash donations collected during the St. Patrick’s Day in September drive-in luncheon.
Second: Councilman Paddock
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
SETTING A PUBLIC HEARING:
Resolution # 218-2020:
A Motion was made by Councilman Hewitt that the Town Board sets a public hearing to hear comments regarding the 2021 Town of Rochester Budget to be held Thursday, November 5, 2020 at 6:30pm, via videoconference or in person at the Harold Lipton Community Center which ever in compliance with the Governor’s Executive Order 202.1 and successors. The November regular meeting will immediately follow the public hearing.
The Town Board requests the Town Clerk post and advertise legal notice of such public hearing.
Second: Supervisor Baden
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
AUTHORIZING THE SUPERVISOR TO SIGN A CONTRACT -SMALL EMPLOYER BENEFITS PACKAGE:
Resolution # 219-2020:
A Motion was made by Councilwoman Enouen 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, 2020 through November 30, 2021, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
Premium Rates per month
6% increase from 2019-2020
Single $818.32
Employee/Spouse $1636.64
Employee/Children $1391.14
Family $2332.21
Deductible
Individual $3850 per year $150 increase from 2019-2020
Family $7700 per year $300 increase from 2019-2020
Second: Supervisor Baden
Discussion: Councilwoman Haugen-Depuy asked what this breaks down to for employees per month?
Supervisor Baden stated;
Single $ 44.35
Employee/Spouse $ 87.70
Employee/Children $ 83.69
Family $123.55
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
AUTHORIZING THE SUPERVISOR TO SIGN RENEWAL OF MVP SELECT CARE, INC. HEALTH REIMBURSEMENT ACCOUNT:
Resolution # 220-2020:
A Motion was made by Councilwoman Enouen that Town Supervisor, the Town Board accepts the Small Employer Benefits Package with enrollment of qualified Town employees/spouses/families in the MVP Select Care, Inc. Health Reimbursement Account, effective December 1, 2020 through November 30, 2021, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
80% paid by town (split 40% town – 20% employee – 40% town)
Monthly Fee $2.50 per participant $3 decrease from 2019-2020
Individual $3850 per year $150 increase from 2019-2020
Family $7700 per year $300 increase from 2019-2020
Second: Councilman Paddock
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
AUTHORIZING THE SUPERVISOR TO ESTABLISH A FLEXIBLE SPENDING ACCOUNT HEALTH FSA:
Resolution # 221-2020
A Motion was made by Councilwoman Enouen that the Town Board makes offer to employees the opportunity to enroll in the MVP Select Care, Inc. Flexible Spending Account Health FSA in an amount up to $2750 per year with a grace period of 2.5 months after the end of the plan year to utilize all funds, effective December 1, 2020 through November 30, 2021, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
Second: Councilman Paddock
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
AUTHORIZING THE SUPERVISOR TO SIGN A CONTRACT-RETIREE BENEFITS PACKAGE:
Resolution # 222-2020:
A Motion was made by Supervisor Baden 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, 2021 through December 31, 2021, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
Premium Rates per month
$ 374.49 1.27% decrease from 2020
Second: Councilwoman Haugen-Depuy
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye
5-0aye, motion carried
DISCUSSION/ BOARD MEMBER TIME:
Supervisor Baden stated he received a request from the Kerhonkson Barracudas and Community Organization Funding from 2020 Budget. When COVID happened we put a hault on the stipends we issued would the Board like us to move forward with paying those out? We will not pay the $ 20,000.00 to the Town of Wawarsing for the Kerhonkson pool because the pool did not open this year. The Board agreed to pay out the stipends agreed upon.
Supervisor Baden asked if the Board would like to schedule public hearing on the Comprehensive plan?
The Board discussed ideas using technology and various strategies but agreed to table the public hearings for now.
Councilwoman Haugen-Depuy reminded everyone that October is Breast cancer awareness month. Everyone please get checked out!
ADJOURNMENT:
A Motion was made by Councilman Hewitt to adjourn the meeting at 8:51pm in memory of the following;
Richard Rider, Saugerties
Eric Grassi, Kerhonkson
Bonni Banyard, Kerhonkson
Paul Van Leuven, Accord
Alice Schoonmaker
All suffering worldwide from the COVID-19 virus
Second: Councilwoman Enouen motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK