The Regular Town Board Meeting was held on September 5, 2019 at 6:30pm at the Town of Rochester Town Hall.
PRESENT:
Councilman Brian Drabkin Councilwoman Cindy Fornino
Councilwoman Bea Haugen-Depuy Councilman Chris Hewitt (6:42PM)
Supervisor Michael Baden Town Clerk Kathleen Gundberg

ABSENT:

Attorney Mary Lou Christiana

Supervisor Baden opened the meeting and led in the pledge of Allegiance to the Flag.

APPROVAL OF MINUTES:
Resolution # 205-2019:

A Motion was made by Councilman Drabkin to accept the following minutes for the month of August;

August 1, 2019 Regular Town Board Meeting
August 13, 2019 Special Meeting
August 29, 2019 Audit/Workshop Meeting

Second: Councilwoman Fornino
Aye: 4 Nay: 0 Abstain: 0 Motion carried
Hewitt-absent
SUPERVISOR’S REPORT: Filed with the Town Clerk

MEETING CALENDAR:
Sept. 9 Planning Board Regular Meeting Accord Firehouse 7 pm
Sept. 12 Environmental Conservation Commission Town Hall 6:30pm
Sept. 16 Historic Preservation Commission Town Hall 2 pm
Sept. 17 Ulster County Legislature County Office Bldg., Kingston 7 pm
Sept. 18 Youth Commission Harold Lipton Community Ctr 9:30am
Sept. 19 ECC 3rd Thursday Nature Series Town Hall 6:30pm
Sept. 19 Zoning Board of Appeals Accord Firehouse 7pm
Sept. 26 Town Board Audit/Workshop Meeting Town Hall 6pm
Sept. 30 Planning Board Workshop (if needed) Town Hall 6:30pm
Oct. 3 Town Board Regular Meeting Town Hall 6:30pm
Supervisor Baden stated that the Sept. 19th ECC meeting topic is How to Recycle Better and Contribute to a Zero Waste Future all those who attend will be entered to win a 2020 Transfer Station permit.
ATTORNEY FOR THE TOWN UPDATE:

Supervisor Baden stated that Attorney Christiana was working on the Assessor Appointment shared services contract.

SUPERVISOR’S UPDATE/CORRESPONDENCE REPORT:

Ulster County Agricultural and Farmland protection Board has listed Farm Preservation NY, LLC as being certified for inclusion into an UC Agricultural District for 2019. Supervisor Baden stated this is the old “May Brook” hotel across from Kelder’s Farm on Route 209.

Marlene Dunn sent a thank you to the Town Board thanking the Constabulary for their assistance, so good to know they are available.

Ashley Sweeney Youth Director gave a brief over-view for the summer youth program. The lay out was a little different this year with construction being done to the Community Center building. The program was held at the Town Park with Tuesday-Thursday’s being trip days. It was 3 weeks on, one week off and then 3 weeks on again. There were 62 children in total from 48 different families. 9 counselors Maryanne Gates, Sheila Brown, Veronica Schwenk, Gina Flynn, George Burkett, Devin Wells, Cheyenne Freer, Alexis Delanoy and Mary Sommer. It was a fun filled program and a great job done by all.

General Code: Step one is complete and up and running. There were some minor corrections, errors and/or omissions that will be brought before the board later in the meeting.
DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilwoman Haugen-Depuy: Building Dept.: for the month of July: $ 7,043.20 in building permits, $ 1120 in C/O for a total of $ 8,763.00. Councilwoman Haugen-Depuy is working on a punch list of materials to return. The goal is to work towards the completion to the courthouse annex building sooner than later. In regards to the Court bank records the $ 5.00 balance discrepancy it was agreed to reconcile and write it off.
Councilwoman Fornino: the after school program will begin 9/16/2019 at the Town Park until the community center renovations are complete.
Supervisor Baden: there has been a lot of progress to the building in the past week.
Councilman Hewitt: ECC: has 2 topic meetings scheduled 9/19/19: How to Recycle Better and Contribute to a Zero Waste Future & 10/17/19 Permaculture for the region. The commission is looking to take stewardship of pollinator gardens at the two solar location sites.

CHIEF CONSTABLE REPORT:

Minnewaska: Over the 4 Weekend Dates in August, we were able to provide coverage on 4 Days (August 10, 18, 24, 31)On the dates we were in service many Vehicle and Traffic tickets were issued on roadways around the Minnewaska State Park. Additionally, on the 31st of August the Minnewaska State Park Superintendent stopped to commend the Constabulary’s work and appreciation for our assistance with traffic.
Building / Zoning violation detail: Over the Month of August, 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 8 additional properties that need to be visited to address possible violations evident from the roadway. 1 Hour of time was expended. The current list stands at 28. 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.
The Constabulary answered 41 direct calls for service and other duties in August of 2019. These included:•15 Neighbor to Neighbor Issues and 10 Solutions, 5 are Ongoing •6 Resident Traffic Complaints (Cherrytown Rd., Samsonville Rd., Whitfield Rd., Old King’s Hwy., Rd., Fischer Rd., and Krum Rd.) •4 Environmental Complaints (Mill Hook Rd., Van Tine Rd., Queens Hwy., and Lower Granite Rd.) •7 Building Department Violations•71 New Court Cases Opened ( 9 Town Law, 4 PL, 58 NYS VTL) •57 Court Proceedings Remain Open (55 VTL, 2 TL)•30 Court Proceedings Closed ( 1 PL,23 VTL,2 TL)Month of August fines/fees (1st-31st) $1657.00 with $1069.00 NYS Surcharges. Interesting Occurrences: We responded to many calls for service this month. A resident called to complain someone was camping on his property and had a female neighbor concerned. Upon further investigation it was found to be another neighbor all was well. We directed traffic and assisted the Ulster County Sheriff’s Office, Accord Fire and EMS with a three car accident on Rt. 209 near Mettacahonts road.
Councilman Drabkin asked how the constabulary was making out getting the equipment back from inactive Firefighters.
Chief Miller stated all but one set was recovered.

PUBLIC COMMENT:
Barbara Fornal:
I would like to publicly praise the excellent work that our Town Constables have been doing. My personal experience with them has been only care, concern, devotion and wanting to help the citizens in the Town of Rochester. It is my understanding that the Town constables are not funded by the Town taxpayers rather through grant money. We should be grateful. I know I am personally grateful that I have someone to call who will respond, unlike our local state troopers, to help ensure my safety and well-being. I have lived through 29 years of bullying lawlessness in the Town of Rochester, even including the people in Town Government. I would say 13 mailboxes, nails in the driveway, windows shot and followed to work- bullying. All because they were finally being made to do the right thing and I wasn’t part of the “good old boys network”. To hear that there have been several complaints by the law breakers concerning the constables is disturbing. Even though there have been many letters in praise this Town Board has moved to attempt to reign in the excellent job they have been doing. I also find this disturbing. We finally have some law enforcement in the Town of Rochester and you buckle to public pressure. The constables have been a tremendous help to the work load on code enforcement and the courts. Helping to improve the process from code enforcement, through town channels and eventually to Town Court if need be. A process that needs tightening up. People need to do the jobs that the taxpayers are paying them for. I think the Town Board should rethink their position on the Town Constables and educate themselves to what is going on that is positive to make a more effective government process that benefits all the citizens of the Town and make Rochester a positive place to be. And perhaps studying the functioning of the Town courts would go a long way to ensure the code violations get resolved.
It is my understanding that Councilman Drabkin made a statement that we are spending too much money on the Town Courts. Last week’s meeting spoke to financing a new copier for the courts. I have taken it upon myself to attend every Wednesday night court meeting in the Town of Rochester for the next 3 months to see for myself the workings of the courts. I also plan on doing the same in several neighboring towns. In Rochester I have only attended 3 with 63 violators on day 1, 32 violators on day 2, and 53 violators last night. Totaling 148 people in 3 weeks. Out of the 53, 30 were postponed to October 16th. There was 1 case I know for a fact has been postponed for 2 ½ years and has not been settled. Others get postposed so many times they get dismissed. Oct 16th will have 30 postponed on top of what will build up in the next month. Violators are given 30 to pay and then can make a minimum payment of $ 5.00 every 30 days. The State enforces a $ 92.00 surcharge. It would take 18 to pay just the surcharge not including the fine. We lose operating in this manner.
Wendy a resident of Samsonville Road addressed the board regarding a noise ordinance in the Town. She has been dealing with a neighbor to neighbor dispute. She has been back and forth with the court everything falls on deaf ears, Chief Miller has been very proactive thankfully.
Bill Barringer stated that the Town better think long and hard about putting a noise ordinance in place. This will stop music, planes from flying above, this will hinder a lot of things. We are not living in the city.
Another resident stated a noise ordinance can be enforced with a decibel reader and we are New York City, we have people moving in each day, it’s simply about respecting your neighbors.
Zorian Pinsky spoke in regards to the noise from the resort on Mill Hook Rd. He cannot even have his windows open at night.
Maryann Gates stated that local hubs/restaurants have music and are required to stop music by 10-10:30pm. The lady handling the neighbor to neighbor issue sounds like she is dealing with harassment.
SAMPLE OF NOISE ORDINANCES:
Supervisor Baden compiled sample noise ordinances and would like to dedicate a portion of the September Workshop meeting to discuss the topic and see where the Board wants to go from there, we will involve our Attorney and Constable. This is something that will not be able to enforced by the NYS Police or Sheriff Departments because quite simply they’re not going to enforce it. Their way of dealing with noise is to tell people to please quiet down they are not going to carry meters and not going to measure sound. It will be enforceable through the constable and/or other means. And at some point there will be public hearings on this because it will require a local law in order to enforce.
DISCUSSION:
IT CONSULTANT UPDATE:
Supervisor Baden met with the second company to give a proposal for IT work. He plans to meet with Go-Fast Computers next for the third quote.

COUNTY AND OTHER MUNICIPALITY SHARED SERVICES PROJECTS:
Supervisor Baden asked the Board to review the packet on the Ulster County Shared Services project. If the Board has any ideas please bring it before the Supervisor. If it is an existing shared service it is not eligible. For example: Town Assessor. No project is too small or too big.
POTENTIAL AMENDMENT TO RESOLUTION # 200-2019, PERSONNEL COMPLAINT PROCEDURE:
Human Consultant Michael Richardson presented his recommended version of the adopted Personnel Complaint procedure log. The Board can review his recommendations & Councilwoman Haugen-Depuy’s recommendations and decide if any changes are to be made.
The log book has been completed, the Board agreed to start with the July 1, 2019. The letters have been drafted to be sent and will be out in the mail tomorrow. The template used was the sample given by Tony Spano and it worked very well for us. We will continue on for the moment. We can make changes at any time to the policy.
Councilwoman Haugen-Depuy: Mr. Richardson doesn’t like the idea of sending the results to the complainant.
Supervisor Baden: He does state why if you want to discuss it or we can wait. Compare apples to apples and oranges to oranges and we will discuss more at the workshop meeting.
TOWN HALL HVAC PROJECT:
The Board agreed to table the project for the moment. We have one quote from a mechanical engineer for his services of $ 9,000. We would get the quote from Alfrande Architecture for the non-mechanical part which is the building work that was recommended. If we contract with them they would draw up plans and the Town would place it out to bid. The estimate was over $100,000.00, we have the money in fund balance, it would be a large hit out of our fund balance but we need to have more conversation whether we want to move in that direction or not. There are some physical issues with the building.
Councilman Hewitt asked if he was still getting feedback from employees in the office.
Supervisor Baden stated that the complaints or concerns have not been brought as frequently as earlier some problems have resolved themselves. It’s a big plan we need for capital projects and something that we will need to discuss at next year’s budget, I would like to do a projected plans for the buildings for the next 10 years.
Councilwoman Haugen-Depuy stated that capital projects can be helped with grants.
*Councilman Drabkin left at 7:32pm.

RESOLUTIONS:

SETTING PUBLIC HEARING LOCAL LAW 3 OF 2019:
Resolution # 206-2019:
A Motion was made by Councilwoman Fornino that the Town Board hereby sets a date for the public hearing of Local Law 3 of 2019, a local law amending Local Law 2-2007, renumbering for organizational purposes Chapter 111 of the Code of the Town of Rochester, Building Construction, to new number Chapter 65 of the Code of the Town of Rochester, Building Construction, to be held 6:30pm Thursday October 3, 2019 at the Town of Rochester Town Hall, 50 Scenic Road, Accord, NY 12404. The monthly Town Board meeting will commence at the conclusion of the public hearing. The Town Board further directs the Town Clerk to post and circulate legal notice and provide a copy of such Local Law to be made available in the Town Clerk office and posted on the Town website.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
SEQRA CLASSIFIED:
Resolution # 207-2019:
A Motion was made Councilwoman Haugen-Depuy that proposed Local Law # 3 of 2019 be classified as an unlisted action under SEQRA review.
Second: Councilman Hewitt
ROLL CALL:
Councilman Drabkin absent
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
SETTING PUBLIC HEARING LOCAL LAW 4 OF 2019:
Resolution # 208-2019:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board hereby sets a date for the public hearing of Local Law 4 of 2019, a local law amending Local Law 2-2014, to make corrections of errors and omissions to Chapter 140, Zoning to be held 7:00pm Thursday Sept. 5, 2019 at the Town of Rochester Town Hall, 50 Scenic Road, Accord, NY 12404. The monthly Town Board meeting will commence at the conclusion of the public hearing. The Town Board further directs the Town Clerk to post and circulate legal notice, provide referral for comment to the Town of Rochester Planning Board and Ulster County Planning Board, and provide a copy of such Local Law to be made available in the Town Clerk office and posted on the Town website.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
SEQRA CLASSIFIED:
Resolution # 209-2019:
A Motion was made Councilwoman Haugen-Depuy that proposed Local Law # 4 of 2019 be classified as an unlisted action under SEQRA review.
Second: Councilwoman Fornino
ROLL CALL:
Councilman Drabkin absent
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
INTERMUNICIPAL AGREEMENT WITH THE TOWN OF ROCHESTER, MARBLETOWN AND ROSENDALE:
Resolution # 210-2019:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board authorizes the Supervisor to sign the Intermunicipal Agreement 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
APPOINTMENT OF ASSESSOR:
Resolution # 211-2019:
A Motion was made by Councilman Hewitt that The Town Board appoints Michael Dunham be employed in the capacity as Town Assessor, contingent upon the terms and conditions of the intermunicipal agreement between the Towns of Rochester, Marbletown, and Rosendale for the period October 1, 2019 through September 30, 2025.
Second: Councilman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
SEXUAL HARRASSMENT TRAINING:
Resolution # 212-2019:
A Motion was made by Councilwoman Haugen-Depuy that the Town Supervisor to make payment of $100 to the Town of Esopus to help defray the costs of the NYS mandated sexual harassment training classes.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
EXTENSION OF LEASE:
Resolution # 213-2019:
A Motion was made by Councilman Hewitt that The Town Board authorizes the Supervisor to sign a lease contract with Pitney Bowes for postage machine lease effective Dec. 1, 2019 for a term of 60 months @ $39.60 per month, to be billed quarterly.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
NYC DEC PETROLEUM BULK STORAGE PERMIT:
Resolution # 214-2019:
A Motion was made by Councilman Hewitt that the Town Board authorizes the Supervisor to submit payment of $300.00 to be sent with the NYS DEC Petroleum Bulk Storage Permit application.
Second: Councilman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
APPOINTMENT OF TEMPORARY ASSESSOR FIELD WORKER (PT):
Resolution # 215-2019:
A Motion was made by Councilwoman Haugen-Depuy that the Town Board appoints Laura Brown to the position of Temporary Assessor Field Worker (PT) retroactive to Aug. 19, 2019 at a rate of $14.00 per hour for up to 30 hours worked per week.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
APPOINTMENT OF RECREATION AIDE (PT):
Resolution # 216-2019:
A Motion was made by Councilwoman Fornino that the Town Board appoints Jennifer Conner, Lisa Babcock, Hunter Bender, Kaitlyn Hoar, Christine Oquendo, Alexis Delanoy, and Cheyenne Freer to the position of Recreation Aide (PT), effective September 15, 2019 at a rate of $11.40 per hour, subject to the total amount budgeted in the 2019 General Fund budget code A7310.111 and satisfactory completion of Town of Rochester required background check.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
BUDGET WORKSHOP MEETINGS:
Resolution # 217-2019:
A Motion was made by Councilman Hewitt authorizing the Supervisor to schedule 2020 budget workshop meetings to be held October 9, October 16, and October 23, 2019 beginning at 6:00pm at Town Hall and directs the Town Clerk to post legal notice of these meetings.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
SPECIAL MEETING:
Resolution # 218-2019:
A Motion was made by Councilman Hewitt The Town Board authorizes the Supervisor to schedule a special meeting to be held September 10, 2019 at 6:30pm at Town Hall and directs the Town Clerk to post legal notice of this meeting. The meeting is proposed to be conducted in executive session for the purpose of hearing and discussion of matters leading to the employment, demotion, discipline, suspension, dismissal or removal of a particular employee.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
AUDIT OF BILLS FOR ABSTRACT 9-2019, GENERAL FUND AND 9-2019 GRANT FUND:
Resolution # 219-2019:
A Motion was made by Councilwoman Haugen-Depuy to audit bills for Abstract 9 of 2019- General fund and 9 of 2019 Grant fund.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
PROPOSED EXECUTIVE SESSION:
A Motion was made by Councilwoman Haugen-Depuy to enter into Executive Session 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 and the Town Clerk are requested to attend.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
A Motion was made by Councilwoman Haugen-Depuy to reconvene the meeting at 8:16pm stating no action taken nor monies spent.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
CONTRACT WITH CONSULTANT:
Resolution # 220-2019:
A Motion was made by Councilwoman Fornino to contract with Peter Volkmann.
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 8:17pm.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Drabkin-absent
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk