The September 8, 2020 Special 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 Adam Paddock Supervisor Michael Baden
Town Clerk Kathleen Gundberg
ABSENT:
Councilman Chris Hewitt
Town Attorney Marylou Christiana
Call to Order – Pledge to the Flag – Roll Call
DISCUSSION:
TRANSFER STATION:
Supervisor Baden stated that the Town received a letter from the UCRRA attorney stating that they are considering removing the scale and compactors. Currently we were the only Town that had a scale. There has been some contention with the Town of Rochester taking Commercial waste. The UCRRA stated they are not allowed to haul more than 20 % of C/D and if they do their permits are in violation.
Councilwoman Enouen stated that on Friday they disabled the equipment and removed the equipment today. Friday and Saturday I was at the transfer station to help Harry assist residents in the change to not be able to weigh garbage. We gave out flyers of where residents can take the debris/ garbage for the most part it went smoothly. While the RRA was there it didn’t conflict with our operations. We are working on creating a fee schedule to accommodate more residents.
Councilwoman Haugen-Depuy stated she is worried about the garbage stock piling.
Councilwoman Enouen stated that the RRA is still our hauler and will still be removing, you can still bring metal just nothing that needs to be weighed.
Supervisor Baden stated that our contract is up at the end of this year. It’s ironic because the RRA wanted to sell the scale and now they took it away.
Councilwoman Haugen-Depuy asked how Wawarsing and Olive are handling this?
Councilwoman Enouen stated she is looking to explore other transfer stations to see their operations.
Councilwoman Haugen-Depuy stated she was interested in seeing what surrounding Towns were doing seeing how they aren’t breaking the criteria. We should have an employee at the container constantly for the day we are open for operation. Their job for that day would be to man the container.
Councilwoman Enouen agreed with Councilwoman Haugen-Depuy. Even though there are complications of the law the reason why the RRA pulled the scale is because our loads consistently have more than 20 % C/D. I would like to investigate a scale, but more importantly it is important that we handle this in a way, we don’t want to keep escalating an issue with the RRA. I am curious to hear from other Board members and Kate on thoughts of scale.
Town Clerk Gundberg stated that most residents have their garbage weighed. In 2019
$159,384.33 was collected in C/D so far in 2020 $ 116993.35 has been collected. If it is feasible, I think the Board should explore the idea of the scale seeing that’s how most of the residents pay.
Councilman Paddock asked the cost of a scale.
Supervisor Baden stated approximately $ 50-75,000.00.
Councilman Paddock stated that it would take approximately half a year in revenue not including expenses and approximately 5-6 years to recoup from this expense.
Supervisor Baden stated that if we decide to do a scale, we would either take it out of fund balance or finance it with a 5-year BAN. It’s the RRA’s opinion that we are taking produce that is too much weight for people. Whitaker has been complaining for the last year and a half that the RRA is making too many trips to Rochester. I stand behind Harry and the employees; I would question what is considered commercial waste. I think there is a difference of interpretation of the law. We are guilty without a trial how does the Board feel about pursuing this?
Councilman Paddock stated how do we want to come out of this? Do we want to be right or do we want this to be resolved or both? We can fight the issue and we believe to be right are we going to come out on the other side with our compactors back or operate a way that’s amicable? Or are we going to fight this and end up in the same situation trying to figure out new way to do business.
Supervisor Baden stated that the RRA is already seeing repercussions because they took our cardboard compactors, now they have to make more trips. If we hire a Contractor to haul it would have to go out for RFP and would be a few months.
Councilwoman Enouen stated the RRA offered to provide the Town with item 4 to fill in the hole where the containers and provide 2- 40-yard compacters.
Supervisor Baden said he would check tomorrow.
The Board discussed cardboard container locations and locations for mattresses and other furniture that would be safe from getting wet.
Supervisor Baden stated that this is a lot to consider regarding what direction to go in. The Board will discuss more at the Special meeting scheduled for next week.
SCHEDULING A SPECIAL MEETING:
Resolution # 195 -2020:
A Motion was made by Councilman Paddock that the Town Board sets a Special Meeting for Wednesday September 16, 2020 at 6:30pm via teleconference in accordance with the Governor’s Executive Order 202.1 and successors and requests the Town Clerk requests the Town Clerk post and advertise legal notice of such special meeting with Notice below
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN, that pursuant to Town Law, the Town Board of the Town of Rochester, will hold a Special Meeting September 16, 2020 commencing at 6:30PM via videoconference and teleconference, consistent with NYS Governor’s Executive Order 202.1 and successors addressing the COVID-19 virus.
PLEASE TAKE FURTHER NOTICE, Due to public health concerns, in-person attendance will not be permitted, however the public will be fully able to observe the meetings via computer, smartphone, tablet, or another electronic device. The public may view the meeting proceedings via YouTube: https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ or listen via phone by calling +1 929 205 6099, Meeting ID: 832 4822 9429, Password: 319564
The video and teleconference will be recorded, and a transcript of the meeting will be made of the meeting. Town Board meeting agendas will be available online in advance of the meeting at http://townofrochester.ny.gov/agendaminutes/town-board-agendas/
Second: Councilwoman Enouen
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye
4-0 aye, motion carried
Hewitt absent
Supervisor Baden asked what does the Board think about scheduling public hearings?
RESOLUTION ON MORATORIUM FOR PUBLIC HEARINGS:
Resolution # 196 -2020:
A Motion was made by Councilwoman Haugen-Depuy as changes are being made and rights are being taken away from land owners, taxpayers and residents, the Town Board of the Town of Rochester shall put a moratorium on public hearings pertaining to or changing of current land use documents for example the Comprehensive Plan. These public hearings shall take place when residents can attend in person and comments heard in person to the Town of Rochester Town Board. This moratorium shall in no way affect building permits or shall or served or halt any construction allowed by proper building procedures.
Councilwoman Haugen Depuy stated that she has taken too many phone calls from concerned residents that want to be heard, they don’t want to watch a meeting they want to be heard. A Letter last week was received from a resident that stated the same.
Motion on resolution # 196-2020 was not carried
DISCUSSION:
Councilwoman Enouen would like to table the topic until next week. Bea had the concern of residents not being heard and I wanted to work on some options, utilizing different technology devices and wants to see if Attorney Christiana comes up with some options. I agree that I want people to feel comfortable and what they have to say is important. And we can come up with creative solutions
Supervisor Baden stated that he agrees on the critical environmental area. I’ve gone back to the drawing board with Michael Coleman. False properties were including in the mapping, but I dispute public hearing on the comprehensive plan items would in-fridge on property rights.
Councilwoman Haugen-Depuy stated not the comprehensive plan itself but setting the public hearing where the public can’t speak. And that is what I am hearing from the public.
Supervisor Baden stated he understands, and no action is being taken on the public hearing.
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK