Town Board Regular Meeting – November 2020

The Regular Town Board meeting was held on November 5, 2020 via teleconference
Livestream Broadcast on YouTube https://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

ADOPTION OF THE 2021 TOWN OF ROCHESTER BUDGET:
Resolution # 229-2020:

A Motion was made by Councilwoman Enouen that the Town of Rochester adopts the 2021 General Fund, Highway Fund, and Street Lighting Funds budgets, as presented, for the period of January 1, 2021 through December 31, 2021 and authorizes the Town Clerk to report a tax levy of $622,747 for General Fund, $1,328,927 for Highway Fund, $2,520 for Accord Lighting, $1,680 for Kerhonkson Lighting, and $600 for Berme Lighting to the Ulster County Department of Finance.
Second: Councilman Paddock

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 4-0 motion carried
Hewitt absent

PUBLIC COMMENT:

I read that Ellenville voted to close their town court, which essentially operated as a fine collections center, because the cost of keeping the court open far exceeded the amount of fines they were able to collect.
The preliminary budget says we expect to collect about $75,000 from fines and bail forfeitures and that the court costs $130,000 to operate.
I encourage the Board to look into what percentage of the fines imposed are actually collected and how much we spend trying to collect. Rather than balancing our budget on fines that people are already struggling to pay, and especially in light of COVID-related economic stress that could result in an even lower collections rate, perhaps we consider following Ellenville’s lead and closing the court.
Emily Dindial
Kerhonkson
It was clarified that the Town is required to have a court system. The village of Ellenville is consolidating with the Town of Wawarsing and they are able to do so under their jurisdiction.
ATTORNEY FOR THE TOWN REPORT:
Attorney Christiana stated all paperwork is filed on both sides for the Hoot’s litigation, now we wait.
We are still waiting on the correspondence regarding the default judgement on the labor contract case.
There was a correspondence regarding a well on vacant land that is shared between four lots in a small subdivision. The vacant land was sold and the new owners would like the Town to take over. I don’t think this is a good idea seeing how we don’t have a water district nor the personnel to handle it.
Supervisor Baden asked the Board if they would to research this more? At the recommendation of the Town Attorney the Board declined.
Councilwoman Haugen-Depuy asked where we were at with the illegal dumping? Have any decisions been made with the DEC. I’m curious because we haven’t talked about it in awhile.
Attorney Christiana assumed that with no assets other than a truck there was nothing more we were going to do as a Town. Rich Miller suspects more so maybe someone from the Board can reach out to him.

TOWN CLERK REPORT:

RESIGNATION:

Town Clerk Gundberg stated that a resignation was received from Michael Correalle, Town Constable.

SUPERVISOR’S REPORT:

October 2020 – Filed with the Town Clerk

ANNOUNCEMENT OF OCTOBER 2020 FINANCIALS:
Receipts received from the Town Clerk’s office $ 41,683.95
Expenditures
Abstract 10-2020
General Fund $52,481.33
Highway Fund $54,481.80
Street Lighting Fund $ 710.56
Grant Account $ 4,097.49
SUPERVISOR UPDATES/ CORRESPONDENCE REPORT:
COVID-19 Report:
In Ulster County we’ve had 22,588 cases, 98 fatalities and 258 remain active.
In the Town of Rochester we’ve had 46 cases, 4 fatalities and 5 remain active.

Census 2020:
In Ulster County 61.9 % responded and in the Town of Rochester 54 % in 2010 we were at 53.8%.
2021 Ulster County Budget Public Hearings:
Zoom Public Hearings will be held on 11/9-11/10 and 11/12. Budget is available on the county website.
IT Upgrade Progress:
We are just waiting on server equipment. Fisch was her last Friday working on things.
Building Conditions Survey:
Supervisor met with a couple gentleman and toured the Town properties in question, photos and notes were taken.
Courthouse Renovations:
Hoping to be completed in the next couple weeks. Mr. Hasbrouck is doing a great job. All of this is being paid with a grant.
Community Center Filing Room:
Will Farrell and Pat Davis are almost completed with the exterior portion of the addition. This will cost the Town less than $ 7,000 when all is done.
NY Rising – Alligerville Firehouse:
Supervisor Baden had a meeting this week and we are in the beginning of the plans process, expecting this to go out to bid in the next couple of weeks.
Town Veteran’s Day:
Will be held at 11am on 11/11/20 at the Veteran’s park. Wear a mask and social distance.
Halloween drive thru trick or treat:
Ashley in the Recreation Department submitted a financial report of $ 270.00. Big thank you to Friends of Historic Rochester, Accord Fire District, Jamie & Madison Paddock, Jeff Frey, Chad Cooper, Tommy Crotty, Tina Post, Christina Ferrara and LeeAnn Warren. The Town plow was decorated and looked great. We almost ran out of candy but Bethany saved the day and went on to purchase more.
Councilman Paddock stated it was spectacular and his family had a wonderful time.
Supervisor Baden thanked Saunderskill farm and Kelder’s for providing the prizes for the online costume contest. The employees got to be the judges and a Killer clown was the winner.
Hudson River Valley Greenway Grant:
Supervisor Baden stated that we received notification that the Hudson River Valley greenway denied our grant for signage for the educational park. It was not funded because they felt we were in the early phase of the project and recommends applying next year.
Correspondence from the Accord Fire Company:
The Fire Company expressed their concerns with Air B&B’s. Many do not have fire extingushers, alarms, appropriate apparatus. A big concern is those using wood stoves and fireplaces with out knowing the proper way to use them.

DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilman Paddock: Recreation Dept: The Thanksgiving Luncheon will be held on 11/20/20 for takeout. Call to sign up.

Highway Supt. Report:

We are plugging along. We received the 2 trucks that were ordered and are working on getting them ready for winter season. Under the Ulster County capital project the county is looking to replace the Samsonville bridge located near Collier’s residents.

Constabulary Report
Court is partially open. The Constabulary answered 21 direct calls for service and other duties in October of 2020. These included:
•13 Neighbor to Neighbor and Quality of Life Complaints
•3 Resident Traffic Complaints (Whitfield rd., Mill Hook Rd, Granite Rd.)
•2 Environmental Complaints, ( Lake View Rd. and Queens Hwy.)
•6 Building Department Violations
•3 New Court Cases Opened*
•24 Court Proceedings Remain Open*
•0 Court Proceedings Closed*(Due to COVID-19 Court Closures, Latest Numbers are Unavailable)
Interesting Occurrences: During this month, we are still experiencing high numbers of complaints regarding trespasses on residents’ properties. We still receive many new, as well as ongoing complaints regarding garbage being dumped on their properties and on local roads, this has increased dramatically this month. Neighbor to neighbor complaints have increased this month with all of them being defused successfully and without further incident. Of note were several calls from concerned neighbors regarding an elderly man wandering on the road into oncoming traffic. Traffic Patrols along Rt. 44/55 in the Town adjacent to Minnewaska Park are ongoing as we have personnel availability. During the busiest weekends, we worked cooperatively with the New York State Police and Ulster County Sheriff’s Department to manage the incredible volume of traffic. During the times this month that we were out, traffic flow was kept moving and the road remained usable without significant delays. This month there were several motor vehicle accidents with injuries within the park. One included a large commercial van. As is usual, we assisted many disabled and lost motorists, many stopped at very dangerous roadside locations. All left quickly and safely without injury or incident. Traffic volume was way up. Leaf peeper season is coming to a close. Due to the COVID-19 pandemic, we continue to have limited direct contact with complainants with a proportional increase in direct phone calls.

Supervisor Baden thanked the Constabulary for all their hard work dealing with the very heavy traffic on Route 44/55 by Lake Minnewaska. Between October 24th-25th there were over 600 cars parked along side the road. There were a couple accidents with parked cars including a parked constable car. The weekend of 10/31-11/1 there was hardly any traffic, leaf peeper season is coming to an end and believe that the situation is much more manageable. We will be ending the patrol on Minnewaska for the 2020.

RESOLUTIONS:
ACTION ON MINUTES:
Resolution # 230-2020:

A Motionwas made by Councilwoman Enouen thatthe Town Board accepts the minutes of the August 27, 2020 Audit/Workshop, October 1, 2020 Regular, October 6, 2020 Special, October 14, 2020 Special, October 21, 2020 Special, and October 29, 2020 Audit/Workshop meetings
Second: Councilwoman Haugen-Depuy
ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 4-0 motion carried
Hewitt absent

ACCEPTANCE OF CASH DONATIONS:
Resolution # 231-2020:

A Motion was made by Councilman Paddock that the Town Board authorizes the Town Supervisor to accept donations of $200 from the Rochester Seniors and $500 from the Rochester Residents Association to assist in funding the 2020 Town of Rochester Thanksgiving Community Luncheon.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 4-0 motion carried
Hewitt absent

INSTALLATION OF A STREET LIGHT:
Resolution # 232-2020:

A Motion was made by Councilwoman Haugen-Depuy upon recommendation of the Highway Superintendent, the Town Board designates Old Mine Road between Academy Street and the Rochester/Wawarsing boundary a dangerous portion of roadway, pursuant to NYS Highway Law, Article 11, Section 327. This is proposed to be corrected with the installation of an LED streetlight on a 6-foot arm by Central Hudson on CHG&E pole 100846. With the adoption of this resolution, the Town Board authorizes the Town Supervisor to contract with Central Hudson Gas & Electric Corporation for the installation and maintenance of such.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 4-0 motion carried
Hewitt absent
AUTHORIZATION TO SIGN CONTRACT:
Resolution # 233-2020:

A Motion was made by Councilman Paddock upon recommendation of the Highway Superintendent and Town Supervisor, the Town Board authorizes the Town Supervisor to sign a contract between C.T. Male Associates Engineering, Surveying, Architecture, Landscape Architecture, & Geology, D.P.C. 50 Century Hill Drive, Latham, NY 12110 and the Town of Rochester for engineering services to prepare and submit funding application to Ulster County for federal transportation funding to be made available by Ulster County Transportation Council to facilitate the design and replacement of the Boice Mill bridge, a town maintained bridge located in the Town of Rochester. The cost for such services shall be a lump sum in the amount of $3,100.00, including any direct reimbursable expenses.
Second: Councilwoman Haugen-Depuy

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 4-0 motion carried
Hewitt absent

RETIREMENT CREDITS:
Resolution # 234-2020:
A Motion was made by Councilwoman Haugen-Depuy;

WHEREAS, the New York State Comptroller is authorized by Sections 34 and 334 of the Retirement and Social Security Law to adopt rules and regulations for reporting the service and salary information for all employees of participating employers in the New York State and Local Employees’ Retirement System (“Retirement System”); and
WHEREAS, Town of Rochester is a participating employer in the Retirement System; and
WHEREAS, the New York State Comptroller has promulgated Regulation 315.4 which imposes certain reporting requirements for elected and appointed officials of participating employers, and requires the governing board of each participating employer to adopt a resolution establishing a standard work day for each elected or appointed official; and
WHEREAS, among the requirements for employers are a more detailed description of a Standard Work Day along with a Town Board resolution establishing and reporting such Standard Work Day, public posting of the Resolution, and submission of the Resolution to the New York State Retirement System; and WHEREAS, pursuant to Regulation 315.4, in the event that elected or appointed officials do not participate in an employer’s time keeping system, they are required to keep a record of activities (ROA) for a three month period and submit it to the clerk of the governing board within 180 days of taking office; and
WHEREAS, each of the elected or appointed officials listed in this resolution have kept records of their actual time (ROA) worked in their current position for the required ninety days or taken part in the Ulster County time keeping system; now, therefore,
be it RESOLVED, that the Town of Rochester Town Board hereby establishes the following as Standard Work Days for these elected and appointed officials who are not covered by a collective bargaining agreement, and will report the following days worked to the New York State and Local Employees’ Retirement System based on the established time keeping system or the record of activities (ROA) maintained and submitted to the Town Supervisor Confidential Secretary:
E or A Title Last First Standard Day Term
E Town Supervisor Baden Michael 7 hours 1/01/2020 – 12/31/2021
E Town Clerk Gundberg Kathleen 7 hours 1/01/2018 – 12/31/2021
E Highway Supt. Frey Jeffrey 8 hours 1/01/2020 – 12/31/2021
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 4-0 motion carried
Hewitt absent

APPOINTMENT OF PART-TIME LABORER:
Resolution # 235-2020:

A Motion was made by Councilwoman Enouen that the Town Board appoints Jeffrey Subeh Jr.to fill the vacant position of Laborer on an as-needed, part-time position not to exceed 32 hours per week at a rate of $12.00 per hour, effective November 8, 2020. Laborer duties shall be to work at the Transfer Station and Buildings and Grounds Department under the supervision of the Buildings and Grounds Supervisor.
Second: Supervisor Baden
ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 4-0 motion carried
Hewitt absent

REQUEST TO CLASSIFY AND ESTABLISH AN EMPLOYEE POSITION:
Resolution # 236-2020

A Motion was made by Councilwoman Enouen that the Town Board authorizes the Town Supervisor to request the Ulster County Personnel Department classify and establish a new employee position of Transfer Station Supervisor, effective January 1, 2021. Subsequent to such designation, the Town Board further authorizes the Supervisor to advertise the availability of such position, subject to the pay scale as included in the 2021 General Fund budget appropriations.
Second: Councilman Paddock

AMEND RESOLUTION # 236-2020:

A Motion was made by Councilwoman Enouen that the Town Board authorizes the Town Supervisor to request the Ulster County Personnel Department classify and establish a new employee position of Transfer Station Supervisor, effective January 1, 2021. Subsequent to such designation, the Town Board further authorizes the Supervisor to advertise the availability of such position, subject to a maximum of $ 20.00 per hour as included in the 2021 General Fund budget appropriations.
Second: Councilman Paddock

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 4-0 motion carried
Hewitt absent

REQUEST TO CLASSIFY AND ESTABLISH AN EMPLOYEE POSITION:
Resolution # 237-2020:

A Motionwas made by Councilman Paddock that the Town Board authorizes the Town Supervisor to request the Ulster County Personnel Department classify and establish a new employee position of Laborer, Highway Department, effective January 1, 2021.
Second: Councilwoman Haugen-Depuy

AMEND RESOLUTION # 237-2020:

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 4-0 motion carried
Hewitt absent

SETTING PUBLIC HEARING FOR AMENDMENT TO THE TOWN OF ROCHESTER COMPREHENSIVE PLAN:
Resolution # 238-2020:

A Motionwas made by Supervisor Baden;

WHEREAS, the Town of Rochester convened the Comprehensive Plan and Land Use Code Review Committee on February 6, 2020, and
WHEREAS, the committee has met and made written recommendation to the Town Board, and
WHEREAS, the Town Board desires to amend the Comprehensive Plan appendices as follows:
1. to include the Open Space Plan (2015) in its entirety
2. to include the Historic Resources Report (2008) in its entirety
3. to include the Natural Heritage Plan (NHP) pages 1 – 33
4. to include the Natural Heritage Plan (NHP) Appendix A: Conservation Open Area & Critical Environmental Areas Maps (pages 62 – 71)
5. to include the Natural Heritage Plan (NHP) Appendix B: Catskill Shawangunk Greenway Corridor (CSGC) Symposium Summary Report (pages 72 -76)
6. to include the Natural Heritage Plan (NHP) table of figures and details on working groups (pages 77 – 82)
and

WHEREAS, the Town Board has circulated notice and the documents of such amendment to the Ulster County Planning Board, The NYS Office of Parks, Recreation, and Historic Preservation, the NYS Department of Agriculture and Markets, the Town of Rochester Planning Board, the Town of Rochester Environmental Conservation Commission, and the Town of Rochester Historic Preservation Commission with request for comment, and
THEREFORE, pursuant to NYS Town Law, Article 16, Section 272-A, the Town Board requests the Town Clerk circulate and post notice of a public hearing to be held December 10, 2020 at 6:30pm, to be held via videoconference in compliance with the Governor’s Executive Order 202.1 and successors and requests the Town Clerk post and advertise legal notice of such public hearing.
Second: Councilwoman Enouen
DISCUSSION:
Supervisor Badenstated the public will be given 1 of 4 options, e-mail, write a letter, sign on to zoom or the can go to the community center and a Deputy Clerk will be there to allow the person to talk to the Board via zoom once the person is done the location will be sanitized and the next person can go.
Councilwoman Haugen-Depuy stated that people want to see us to talk to us. I believe this topic still needs to go on hold why the push? The critical Environmental areas will change the SEQRA on someone’s property. If we adopt the Natural Heritage plan it will affect the surrounding properties.
Supervisor Baden stated that this won’t change SEQRA, nor will it change any properties and mapping.
Councilwoman Enouen stated that it is important to get this information established in the Comp plan. It will help with zoning and Town laws and help tie into trainings. The Comp Plan and the Town Code should match that’s why I don’t want to wait.
Councilman Paddock stated how are we going to handle things moving forward? We can’t stop progress or business. We want to make a venue or a forum where people can come and it’s important to see if this works. I think it’s a spectacular idea,
Councilwoman Haugen-Depuy reiterated that we should not have a public hearing on this particular topic until people can meet in public and see the Board face to face.

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy nay
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 3-0 motion carried
Hewitt absent

SETTING PUBLIC HEARING FOR LOCAL LAW # 5-2020: AMENDMENT OF CHAPTER 140, ZONING, SHORT-TERM TRANSIENT RENTALS:
Resolution # 239-2020

A Motion was made by Supervisor Baden;
WHEREAS, the Town of Rochester convened the Comprehensive Plan and Land Use Code Review Committee on February 6, 2020, and
WHEREAS, the committee has met and made written recommendation to the Town Board, and
WHEREAS, the Town Board determines with the increase in tourism over the past several years in the Town of Rochester and adjacent areas, there has been an increase in the number of property owners renting to tourists on a short-term transient basis, and
WHEREAS, the Town Board has reviewed the recommendations and made changes and has developed a local law which imposes mandatory regulations and requirements on all Town of Rochester property owners that desire to rent on a short-term transient basis their property. The purpose of such regulations and requirements are to assure that the properties being rented meet certain minimum safety and regulatory requirements thereby protecting both the property owners, occupants of such housing and the residents of the Town of Rochester, and
THEREFORE, the Town Board requests the Town Clerk circulate and post notice of a public hearing to be held December 9, 2020 to immediately follow the Comprehensive Plan public hearing held at 6:30pm, to be held via videoconference in compliance with the Governor’s Executive Order 202.1 and successors and requests the Town Clerk post and advertise legal notice of such public hearing, and
FURTHER, the Town Board requests the Town Clerk to circulate such local law to the Ulster County Planning Board and the Town of Rochester Planning Board for comment

Discussion/Board Member Time

Selective Insurance Notification:
Supervisor Baden stated he was in contact with Dwight from the Town insurance Company. wanted to know where the Board was at regarding the following topics
Roof Inspection : To limit losses related to inadequate roofs and roofing materials, roofs over 15 years old should be examined by a reputable roofing contractor and either certified to be in sound condition or repaired in order to be certified to be in sound condition.
Central Station Alarm Monitoring: To assure the fastest possible response by the fire department, you should install a fire alarm system monitored via a connection to a central station alarm company. In case of fire, the alarm will be transmitted automatically to the alarm company, which will in turn notify the fire department.
Abuse or Molestation – National Background Checks. Criminal background screenings are currently being completed on all employees and/or volunteers and should be completed for all employees, volunteers, Directors, and board members at least every 3 years thereafter.
Abuse and Molestation Program Needed . Currently, your organization does not include a written program addressing the prevention of abuse and molestation. This condition increases the organization’s potential and vulnerability to claims of Abuse or Molestation. Develop and implement a formal written program including, but not limited to; a description of Abuse or Molestation, reporting and investigative procedures, training and education, etc. Have employees and volunteers criminally background checked and sign a statement that they have received, read, and understand the policy and procedures. Additionally, due to federal, state and local laws/regulations varying in every jurisdiction, policies and procedures should be reviewed by local legal counsel before being implemented. Model policies can be found at www.selective.com/praesidium.

Abuse or Molestation – Formal Training Program
Your employees and volunteers have not been trained on Abuse or Molestation. Amend your organization’s Abuse or Molestation policy to include a formal training program that defines inappropriate behavior and introduces proper methods for contact with individuals. Have all new employees and volunteers complete this training and sign and acknowledge that they have completed it. The training should be repeated on an annual basis. Additionally, the designated person responsible for administering said training. Training courses are available through Armatus online training at www.selective.com.
NYMIR reached out to the Town to see if we are interested in meeting with them for a proposal again. Supervisor Baden asked the Board if they are interested in hearing from them? The Board was not interested and felt lucky to have selective.
The Transportation Counsel aside from the bridge project has put out a call for Planning Projects. The projects are due December 11, 2020. Supervisor had some ideas and looking for input from the Board.
1. Map/ pricing/plan for the O & W rail trail
2. Jointly with Gardiner ask for a traffic study be conducted on Route 44/55 helping with parking areas and traffic in general.
3. Intersection Boice Mill Rd and Route 209 crash statistic study to make that location better.
Supervisor Baden stated that he wasn’t sure what can and can’t be funded.
Councilwoman Enouen stated she liked allof the ideas especially the Route 44/55 and parking areas.
Councilwoman Haugen-Depuy stated the route 44/55 project should be the state and she would like to see it stay in our Town and look into the Boice Mill Rd project.
Councilman Paddock stated that he would be interested in partnering with Gardiner they’ve done a fantastic job with connecting New Paltz, the walkway and Rosendale Rail Trail. They have had similar challenges and common problem with Route 44/55.

A Motion was made by Councilwoman Haugen-Depuy to adjourn the meeting at 8:37pm in memory of;

Rev. Stephen J. Hanson
Ryan Pommererencke
Ralph Donnelly
Arlene VanDermark
Julie Bartle
Kenneth Paes
William Ellsworth
All suffering worldwide from the COVID-19 virus
Diana Banks
Second: Councilwoman Enouen 4-0aye, motion carried
Hewitt – absent
RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK