Town Board - Regular Meeting

All right. Hi, good evening everyone. I would like to call the Town of Rochester Town Board February workshop meeting to order. Hi, good evening everyone. I would like to call the Town of Rochester February workshop meeting to order. Hi, good evening everyone. I would like to call Thank you. Love starting by listening to the sound of my own voice. Um it's February 26, 20 26. If you could all um join me in the pledge to

I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Counciloman Councilman here is absent. Councilman win here. Supervisor

I am here. Um so our first um item on our agenda is acceptance of the agenda. Um, I have quite a few amendments because a lot of the resolutions after speaking with our attorney, I think we're going to table some of the resolutions. Um, so I was going to make a motion with amendments. Were there any other amendments that the board wanted to make?

Oh, sure. Any others? No. Okay. Okay. So, I'll make a motion that the town board accepts um the agenda as a as prepared by the town supervisor with the following amendments. That we will add a discussion item on the um ambulance contracts. We will add a discussion and possible resolution on the um copy lease agreement for the court. And then um we will be tableabling the in the resolution section. Um item F and item I and item L. Do I have a second?

Second. Any discussion? All in favor? I

opposed abstain. Motion carries. Um so our first item on the agenda is the public comment portion of the meeting. So we will begin every workshop meeting with that. Um this is at the time in our meeting when the public can address the board directly. um we ask that person speaking to the board address your remarks to the board and that the audience members not um engage in a form of debate. Um so I typically reinforce this if the people start talking to each other. Um so I will um interject if that if there's a discussion happening amongst the audience. So we we're here as a board to listen to the public. Um, we also do not respond to questions during the public comment portion. So, if you are here to ask us questions, we will not respond to you during this um agenda item, but we do reserve the next agenda item uh for board member time, which um oftentimes if there are questions posed to the board, we do answer them. So, I encourage anyone that is here to address the board um to stick around for the next agenda item at least um just in case board members decide they would like to address your comments. So, with that um is there anyone here who would like to address the board?

And if you would like, you may state your name clearly for the record. I'm glad you said that because That's important.

My name is Barbara Cornell and I've lived in An Cornell for 38 years. And in my statement, I'm going to be referring to Stephen, my husband, who is involved in planning a zoning committee. I mean, you know, on the committee, not the they were boards for like 30 years and actually had a big part in writing the 2009 code. So, I just want to say that first. So all of you received my letter through email, which I've learned how to do. So I feel it's important that I read this letter to put it into the record and also for anybody in the public who may be watching on Zoom. I have realized that now. And not only that, to get facts on the record instead of this time is known for gossip and hearsay and now all of a sudden you got problem. So that is my main reason for wanting to read this. Dear down town board members, after reading the recent article in the blue stone press concerning the closing of the acorn school, we watched the town board meeting. I have to commend supervisor Enwin, board member Michael Coleman, and board member Charlotte Spice for being very professional in their responses and giving them them, which were the people in the audience, real facts. After doing some research, we discovered the Acorn Waldorf School is located at 2911 Lucas Turnpike in the town of Rochester. tax map ID number 77.1-2-42310 and it is in an R2 zone. The property is owned by Rose and Joseph Espazito Trust Pox 40 at New York and the property lists a two-bedroom ranch built in 2000. The improvements show four cabin

bungalows of 700 square ft each and in 2021 and 23. The four structures are not listed as the code adopted in 2009 did not allow any schools or private listed school in an autumn zone. But the current revised 2009 code passed in 2024 or it was 25 now does allow for a school or a private listed school only with a special use permit a site plan approval through the planning board and they need to pass New York State building code and our town code to get a CO for each year if she has been operating for 15 years just looking at the dates and the numbers. numbers. It is a good possibility that she never came into the town for a special use permit which would have triggered the co. The wonder is even how she was even operating with a new code pass. She is not the owner. So I question what is about the insurance and taxes. Steve says they are wasting their money getting a structural engineer when these both the special use permit and the CO need to be applied to the current situation all based on New York State building and town code. I say finally do the right thing and apply for a special use permit and get your CO instead of making statements like quote this is an enormous change in the relationship between the building office and this community. It sounds like a threat to me and charging the new CO with overreach when he is only doing what he is supposed to do according to New York State building and town code. Well, in fact, as I see it, the owner of the school is responsible. She should have had all her ducks in a row to operate

legally and safely, especially a school involving so many children. It was her responsibility. The comment we urged the town board to reflect on the unintended consequences of CEO CEO's decision is so wrong when the town board has nothing to do with it. They are looking to put blame on the wrong person. Town Board members Ali W's comment, quote, "You can be assured that the school is on top of the list of our priorities right now was disturbing. As other town board members stated, the town board has nothing to do with them. The town board and the CEO are separate. As I warned Zi before on an eth another issue, my cloak, be careful going down that slippery slope. We do not want to go back to the old days. In fact, this as a former teacher, in fact, this would be a good teaching opportunity for the children to understand consequences for irresponsible behavior, not blame the town or the CEO. They are concerned about their safety and following rules and regulations. Real life. I congratulate the town board for finally having a CEO that will apply the code and follow the law. And thank you to the three town board members who supported the CEO's decision in public. Public perception needs to be changed around code enforcement. And I hope the involved parties will do the right thing to see if this school can continue. Thank you for the time. Uh

is there anyone else here who would like to address the fourth Yes.

Uh, Bill Campbell from Freeman. Um, he may or may not answer this when you get to the next section, but under the, uh, recommend resolution says, um, matter regarding possible litigation. Uh the question I have is whether the possible is that the town wants to bring litigation or the town is facing facing litigation someone else. That would be the question. Is there anyone else who would like to address the board tonight? All right.

So, with that, I'll close the public comment portion of the meeting. Um, Tom, uh, I have a couple questions the time, not to maybe talk about a solution today, but just to kind of get everybody's, but um, the ECC met uh, this week. There's 12 pages missing from the natural heritage plan that's online. So, they're asking for some help in finding the paper copy of that to to fix that. Also, um they want to put salamander and um other creature crossing signs. So, they're asking do they need town permission to post the signs? Um also, could we get a tour website mentioned? Um and then they were just asking to clarify the process for reimbursement once that happens. Um then also ECC is discussing um talking about with other towns to work on in CA to work with um Marble Town and a couple other area towns about possibly expanding the uh what is it the fly sorry

island the the pack of lily ca so um in that my notes I just like my computer crashed what they're asking is um can we I'll just table that for now because I I have to figure out what their ask is. Then the other thing uh from climate smart is uh we had uh the last uh funding futures event last night at um rough cuts. It was a fantastic turnout. So thank you to everybody involved in the community from for all your ideas. the next step will be to submit um those ideas to the community uh in order to vote on it. So I I encourage everybody to go look at rootedinrochester.org um for the the ideas and then hopefully if um we can come together as a community and figure out if there's a next step for um grant opportunities with those ideas or bootstrapping it or anything that we want to do as a community. Um so that's exciting. Uh we had ideas going from encouraging native plantings and handling invasives, um more pollinator gardens, community sauna, which was a popular idea, a farm stand map, dog parks, updates to the comprehensive plan, expansion of the rail trail, conversion to the town to renewable resources, and a book exchange. So there's a lot of overlap in the ideas. Uh everybody's really animated. We had great turnout. So thank you everybody involved. Thanks for giving your updated report. So, Lex Oh, no. I mean, yeah. I mean, it wasn't it wasn't exactly. It was just kind of the stuff that was um

No, but I know you didn't last time, so I appreciate bringing it back up publicly so we all know it. Oh, you didn't have I know you were missing one of their I thinkations last. Which communication? I don't remember. I just know that you were missing something from them that you had to report. So, Oh, yeah. Thank you for keeping us update. That's what I'm saying. Um I I can answer the two questions though. Okay. Um the 12 pages missing from the natural heritage plan, I believe those are the pages that the board did not. So I have the full version. That's right. Yeah.

We have the full version on the record. So if they'd like to see it, but it those pages are not included as an appendices to the comprehensive plan. And GM did pick up copies of those 12 pages. Oh, he did. Okay. But I didn't make that connection. So maybe if you let him know that Oh, yeah. 12 pages are.

And then signs do have to be approved by the town. Um, so I think we should just get submission ideas for what they're thinking and then we do have to approve those with the board and the highway superintendent, I think. And then I think for that we should do the purchasing directly so that they would like submit like we did with the um agricultural advisory committee signs. Um okay.

So we don't have to worry about food reimbursements. Did you have anything else? I have one thing I wanted to say.

Go ahead. Um, so I would just like to read this um email um on behalf of the housing committee um that I'm not sure if just myself or other or and Aaron also was on um but and also announced in person um that uh we were successfully awarded $167,000 by the state for to do a housing um a town h townwide housing um comprehensive plan or town life plans or anyone say compliance um for consultations. We can have them do zoning chapter reviews for us with suggestions and things like that. So very excited and on to the letter now. Um on behalf of the town advisory committee, we would like to extend our appreciation um for the extra hard work the staff of the staff into putting together the successful grant application that was awarded by the New York State Division of Community Housing and Renewal. A special shout out to Courtney and Alyssa from the code enforce code enforcement building office and Stacy from the supervisor's office for working under some extraordinary time pressures to help Aaron get the application submitted on time. The results speak for themselves. We look forward to working with the board on this exciting project in the coming months. Um, so I just wanted to also just second all of those sentiments and the appreciations to our employees and staff that assisted supervisor, appreciation from myself to Supervisor Nan, and then I also just a very big um appreciation to the housing committee um because without them being here, we wouldn't have even been allowed to get this. So appreciation to them and all of their hard work around all that they do. That's all folks. I also I have a press release that I put on the website.

Yes. Oh yeah. Say if everyone got the text, you know, that goes uh basically covers that and all the everyone that was involved including the housing advisory committee and you. Um so very excited that we received that grant because it's it dovetales with everything that you've been wanting to do. So you're here. Any other town board member?

Yeah, I just found the other thing that I was looking for. they're um climate smart and ECC are discussing amongst themselves and with each other about the possibility of merging forces and they're kind of wondering how that would work because the the governing rules of those two committees are are a little bit different and if we have um numbers that are uh you know exceed what each group has, how would that work? We we create a subcommittee for climate smart that's how a lot of other neighboring towns have done it. So um we're just wondering um who can guide the logistics of that combining climate smart with ECC. So since um since the climate smart is formed through a resolution, we would we could amend the resolution to assign the environmental conservation commission as the committee. Um it has a cap of 11 members I think and it's a local law that one. So, we don't have quite as much flex. I have to see what the enabling legislation allows, but our options for increasing membership would have to be legislative for that if we're allowed to expand it.

I mean, there's going to be some um overlap. Yeah. Between the two groups. So, so I think that would probably be the we can it we could have the amendment on our next as soon as our next agenda item. I think we would then want to look at the membership and make sure that we can be inclusive. That's what I was asking them to have um figured out soon. Assuming that everybody wants to take them overCC. Yeah, that was what I asked them for. Okay, so I'll get that.

So I can answer the question about the executive session. Uh so I accidentally carried over another res uh resolution. So I can the resolution tonight will be uh for discussing matters leading to the appointment of particular persons and matters regarding litigation and that's going to be the um between town versus Brooke and Martin uh town versus Brooke um the associ Yeah, the tax certaris um for Storm Farms and I'm sorry I cannot pronounce the other one. It's

okay. It's a neighboring property. And um Town versus Ridge View. Thank you. You're welcome. Appreciate.

Uhuh. Okay, great. Are we all set then? Okay, so moving on. We have um do we have LOL and Andrew here? Okay, perfect. So, we have two interviews for the zoning board of appeals vacancies. So, as a reminder, we filled one out of three vacancies. So, we have a full seat on the zoning board of appeals and an alternate seat on the zoning board of appeals. So, I will just go in alphabetical order. Um Andrew Okay, let's pull up a pair for you. Yeah. Yeah.

Oh, are you ready? Okay. Great. All right. Hi. Welcome.

Thanks for coming and thank you for doing this. I know it's um you know being interviewed by five people but also in public while it's being streamed. So, I appreciate that. Um, we try to keep it pretty brief. Um, so I ask a couple basic questions and then open it up to the board. Um, so as I had put in my email to you, this is um a public a board that's considered a public body. So those serving on the zoning board of appeals are public officials. Under New York state law, public officials must be eligible electors in the m municipality um and also must be citizens. Um and there's can't have a felony.

So that's um the the legal requirements. Um yeah, and then the and you also don't have to disclose that like necessarily at the table if you don't want to. I'm just stating it. And so for followup, anyone can follow up with us, but we that's the rules for appointment. Um, so what I would just I just ask if you to briefly uh introduce yourself and let us know what led you to apply to this role.

Yeah. Uh, my name is Andrew Collins. I work in digital media. Um, I've lived here since 2021. Uh, but my wife has lived here, was born and raised here. Um, and I guess what drew me to this uh application was broadly speaking, I've had my ears up looking for ways to get involved in the community in a more official capacity. Um, but ZBA specifically, uh, I have noticed even in the years I've been coming here that seems like this this area is has been changing. And while I don't think change is inherently bad or good, I think it's important that a community this size especially is deliberate about the way it changes and evolves. And I get the sense that the zoning is a is a good way to keep a close eye on that and uh just kind of help make sure that things when things are changed they do so intentionally and and fairly. I guess that makes sense,

right? Um so the zoning board of appeals is a an applet bodies. It's a more like a judicial body that hears um appeals to um code enforcement officer decisions. So those are referred to as interpretations and then also requests for variances. So you might an applicant might get a decision from the code enforcement officer that says well the only way you could build a house in this location is if you receive a variance from the setbacks and then those um I guess you could call it cases it's not really those applicants come before the zoning board of appeals and make a case for having the code varied on their behalf. um g can you share anything about yourself, your experience that you feel um sets you up for that type of role?

Yeah, absolutely. Uh so my work as a journalist uh pretty much all we do all day every day is get you know both sides all sides of the story and seems like in things like deciding whether a variance makes sense. It's going to be important to look at all available information and uh you know both unique and precedents situations like that. Uh, and yeah, I think that's that's probably the core of why I think my skill set is kind of suited to this. It's uh not not a quick to jump to conclusions kind of situation. It's gather as much information as possible and try to make sure things have are as logical and fair as as they can be. I'll open it up to the board. Go around the table.

Uh, hi. Thank you for being here first of all, taking the time and doing it publicly. um for an interview. Uh my question is pretty simple. Are you an eligible elector of the town? Yep. Wonderful. How familiar are you with the town's uh Zen conference plan? Yeah, not very. So, that would be my first uh quest, I guess, with getting up to speed on specifics and what's what's required and and yeah, things like that. What do you think the principles of a of a a ideal zoning regimen lal zoning regimen would be

I guess the ideal situation would be one in which both homeowners and the town populace in general are satisfied. Uh so whatever can be done to try to achieve that goal would be would be the the the way to go I guess. Have you followed any of the um publicly available information on the boards and their decisions? It seems like kind of the biggest uh the biggest thing on the horizon is Verizon's plan to I build some sort of cell phone tower. So that seems like that's going to be the first significant thing to tackle with this. As far as other smaller things, I haven't I'm not sure if there are any other specific examples on my mind.

Okay. Yeah, like a lot of the um the public meetings are available online. Be a good resource to check out.

Uh thank you for interviewing here and for expressing interest. I'm curious, are you familiar with what the alternate position is as compared to a board member? And would you be okay serving if you were selected as an alternate? Do you understand what that would entail? in the most. Yeah. My understanding that alternate would come in in the situation where you need a certain number of people to vote but someone has to be absent for whatever reason or has to has to abstain because potentially there's like personal conflict and so the alternate would then step in in such a situation. Is that accurate?

So yeah and I I think the bigger issue is that you have to attend the meetings, participate in the meetings or be available to step in. So you're attending meetings, but you're not necessarily voting. There's a there's a commitment and you're not necessarily functioning as a full board member unless you're seated. I see. So I guess short answer, yes. Yes. It's a good way for people to kind of get an understanding of the boards and see how they operate. So fun fact, I started my tenure as a public servant as the alternate on the board of appeals. you know, you could

want to be town supervisor one, you're on the right path. Um, I do have a follow-up question in line um with Michael's um for about the alternate is if there are any other boards um that we may be interested to ask you to serve on instead of as the ZBA alternate or it's on the ZBA, would you be open to that? If you had another one that we would possibly want to appoint you to our on agricultural committee, climate smart, um environmental commission. That's the senior you can recreate. Yeah, there's a ton of service opportunities and a new committee that we're a new one. So, you got options. Yeah, I'll keep my eye on the on the vacancy list for sure.

Um the meetings are the third Thursday of every month at 6:30. um they're usually an hour or they could be more if there's multiple applications, but uh as opposed to planning board meetings, those can run four to five hours. The and that's like twice a month. The zoning board of appeals is typically only meeting once a month and sometimes they don't meet if they don't have an application. So, it's um not quite the time commitment as um other public boards. Could you can you are you able to attend those meetings? Yes.

Um and the other thing I had is do you have any questions for us?

Yeah, I guess um I I I won't like take too much time, but is is the board in such a situation where you're looking to kind of keep the status quo of what's happening going or are you trying to change it significantly? I'll answer. Uh outside of what's in our zoning code, I personally don't have an opinion on the direction other than what's in our comprehensive parish and um zoning and um code uh for that. I think that we just did a revision and made that clear. I think there's things like housing and other things that were missed in that revision that we could go back and do a rewrite on, but I think we personally I think we have a very balanced town of conservation, um, housing, business, agriculture of many different types. So that's me personally, but anyone else if they'd like.

Yeah. I mean I So there's a distinction between there's different boards. There's the town board, there's the planning board, there's the zoning boards. I think philosophically for me it's probably a lot of board members feel there's a clear distinction between how those boards operate and the town board operates and for me especially there shouldn't be any involvement they are an independent board they make independent decisions the priority uh when we think about candidates is who is going to be a good fit for that board who is going to be open-minded willing to deliberate and kind of have intelligent conversations about the applicants and and the projects that are coming before them. I think we're really fortunate planning board and on the zoning board of appeals that we have a lot of really committed um intelligent people with a ton of expertise and so uh it's really important to have someone that's going to fit within that group, be able to debate things respectfully, um bring up new ideas, and ultimately work deliberatively to come up with a decision. good context and act in good faith and ethically.

Yeah, there's I think knowing one thing that can be challenging as a public servant um is knowing the boundaries of your role. Um so when the way that we we are the legislative body. So the way that we have involvement with those boards is through passing law and policy. But in terms of like if we saw something happening that we felt was not right, we have the same we have the same recourse that the public does in those cases. Um, so we would have to file those the legal proceedings for that in the same way that any member of the public would. So the yeah, the way that we interact is through our legislative process. Um, and I think number one is, you know, integrity, dedication, openness to learning because it's a lot there's a lot of words.

Yeah. Seems like one of the greatest challenges of this role would be kind of splitting the personal and professional. I mean, it's a close it's a small community. It's a small town. I mean, it's you could be in line getting gas or whatever and then somebody who wants their variance approved could be behind you like so that's is that something you guys have to deal with in your roles at all? Is that one of the students that's suing us plows my driveway?

Well, my mother-in-law's driveway next door, not mine, but yeah. So, family's driveway. And also I think um what the that brought up a good thing that I should say that um you are required to take an oath of office and you also receive our ethics policy which all public officials fall under New York State ethics law and our town ethics law. Um, so that gives some guidance and then zoning board of appeals members have a an an extra layer just like everyone else. We are elected officials. So we kind of our role is to engage with the public. Zoning board of appeals members should not engage with applicants outside of meetings. So it's this that is a really challenging part of that role. So,

seems like yeah, that's the best way to get get around that would be just leaning hard on precedent and having a very stable footing on any ruling you make. Well, that's I won't take any more time. No wants to go and Yeah, if you have any other questions. Yeah. Thank you. Thanks to you. All right. Well, great. Thanks for the chair. Yeah. Hi, welcome.

Thank you to see you guys. My name is Lander. Um, so I know the first question you'll ask is where tell me about myself. Tell you guys about yourself. So I'm grew up in New Pulse. I've lived in Award for 5 years now. Um, and I work in the field of architecture. I'm not a licensed architect, but I worked as a draftsman. I've also done construction. And I've also do worked as a developer building new homes. and I built four new homes in the town of Rochester over the last seven or eight years. Um, so I'm interested in serving on the ZBA because these, you know, codes and the ramifications they have on people's lives is something that I deal with as part of my work. It's something that I think about and, you know, I'm interested in serving the town in sort of that capacity. the you know one reason ZBA appeals is that the workload is less than the planning board you know to be honest um but also I think that you know Aaron to your point about it being an applet u body I think it's important to have a human element in law and in government both from a point of view where things in the code may get lost in the cracks or come to some impass I think it's important that there be people who can actually discuss and debate and decide on what is a reasonable pathway forward. And I also think, you know, it's important to have as a sort of check and balance in the system where if there is somebody who feels that something's been an error or their rights aren't, you know, they're not they're not being treated properly, they have a place to go to appeal that and have a body of people who can debate amongst themselves and say, okay, what is the what's the right pathway forward here? Do you feel that your role, your professional role would lead to any issues with you serving on the zoning

board of appeals in terms of conflict of interest or um the appearance of a conflict of interest and how would you deal with that?

Well, I think that you know, number one, and if there was any project that ever appeared before the board that I was involved in, I would have to recuse myself from that. um you know it's in terms of conflict of interest in like a broader situation of like let's say policies that I felt like would benefit me or not benefit me. Um I'm somebody I mean who there to me there I have an inherent tension in what I do in that I um have grown up around here. I really am very uh in touch with the gunks. My family moved here to be as part of, you know, to be closer to nature and all that. But I truly do spend a lot of time outdoors, a big part of my life. It's a part of why I like living here. And so development is not something that I like to see from that perspective. I don't like to see beautiful open space be turned into housing or turned into buildings. On the other hand, creating housing and buildings is what I do, you know, for a living. So there's always that balance and trying to as I approach my work and my projects of like being respectful and doing things in a way that I feel is positive and is contributing to a better community, you know, a more beautiful community. So, you know, I let's say I'm getting a little bit off track here, I guess, but uh I'm not sure from a broad framework what uh what would be a conflict of interest or how I I guess I can't imagine what a situation would be that would where that would come up but because I see our role as being at the end of the day the arbiters of what is in the code it's not about what I want it's like okay we start with going and looking at

what is the town plan what is in the code what are the things that are intended in here and we're trying to enforce and follow those guidelines not to put my own opinion of what I think we ought to do to into the matter that makes sense in full disclosure I believe you're doing some work for my farm, some architectural work. Yes.

Um, so I think it's just that sort of thing is like having professional relationships with applicants that might you know those like you said if you had any involvement or that sort of thing with an applicant that could um in terms of like being in the town, how frequent would that come up? Okay. Um, well, I'm not sure. They I don't think it'll come very frequently in that I have not had any of my clients appeal appear before the ZPA in the town of Rochester ever. I guess we've had some in other towns, but I've never had anybody that I know of that's applied for variance or done anything here. Not to say that it wouldn't happen, but I don't think it's happening on a regular basis. Um, but you know, it would be in terms of if there was something that was strictly professional, it's like, oh yes, I've worked for you or where I'm working on this project for you, then I would have to step aside. But if it's something where it's a buddy or someone that I know, a leg or dislike, you know, I would try to again stick to what what is it that the laws that the town has created are saying? what is the plan that you guys have created that are intending trying to look at what those things say and make decisions based off what's codified and what's good for the community you know not just what I feel and that's what I like about a board situation is there's debate and there's discussion which I think a good good way to move forward on things

I'll open it up so in your capacity building houses I assume you spent some time with our code did you run into anything that was sticky or um deficient or vague, anything like that. And what do you think you would do with that information um if you did come up with that in in as a CBA number?

Um well, it you know I it's an interesting question in terms of I don't one thing I want to say before I answer is I don't want to try to insert my own biases or opinions into the saltage. Um, if I was on a body that was writing code, I would have many opinions and thoughts about, you know, what might be a good way to move forward in our in our plan. Um, but in terms of I think there are certain things that we have that are like quirks in our town like the garages not being allowed to be in front of your house and it's like at the end of the day, okay, it's not a big deal. That's the rules. We have to follow the rules. But, you know, there's certain things like that that don't entirely make sense and there are definitely situations where, you know, things might be a bit vague or there's things open to interpretation. Full disclosure, I had an application before the planning board to do a lot line revision and they denied it and I didn't feel like they were they were taking the words of the code into account in their in their decision. Um, and so that's in the works right now trying to be appealed for things like that. But um you know I I think I I haven't seen I haven't seen any like glaring like obvious problems in the code. Um you know I think it is pretty standard for many of the towns and um you know I think those the changes that were introduced in the new code are moving things in a better direction kind of making a little bit you know changing some of the density and making a little more difficult to build in sort of the outlining areas. I think it's

um in in general, what is your sort of uh vision or impression of what the community should be? What what sort of form it should take in terms of balance between business, residential and recreational space, agriculture and everything else? Um, well, I think that what is when I look at the history of the town that I know of, what's sad is to see the loss of agriculture as a dominant like economic factor and just and generally following that as the loss of people's ability to make a living here, you know, instead of it being related to something else outside. I mean, you know, we we're lucky that we happen to be a place that's desirable that people want to come to and visit and that we have that stream of resources to use and to like adapt. And this is bigger than just Rochester. I mean, it's like this is a national problem, a state problem of just agriculture being a hard way to make a living these days. Um, if you're asking me for my personal opinion, I would like to see less sprawl and more density in the places where there already is density. historically has been. I think that's just a better model to move towards. I think, you know, I think there's just a lot of positive feedback loops when we start to instead of stringing things out along a highway, grouping them together into a town or a hamlet and then, you know, there becomes less need for transportation. There becomes more businesses support each other. You go to this business, you go that business. I think there's a you know positive feedback loop and I've been happy to see you know since I was a child coming over here versus now that there are starting we're trying to have some more things in the town businesses you know the market different stuff that's like we're not having to always drive somewhere else to get things you know it's like that's okay I can just go here

um yeah so uh are you in Vietnam I believe so I live here. I'm a citizen and I'm not a felon. Are you registered to vote here? Yes. Yes. All right. You pass until someone else tells me otherwise. Um hopefully thank you for being here. Um and then I just had a question about um just as far as your work in background for the housing that you have built in town. I think you said three in your um letter to us, right? Three houses, four. Okay. Maybe something whatever number of homes you built in the town of Rochester. Um, do you know what price point they were at? Um, for value or

Well, I would say that they're at, you know, the the upper side of the market. Not like the highest highest point, but in terms of like, you know, the upper twothirds of the market, I would say in that when I started building homes, I wanted to build affordable homes, but it is economically very difficult to do so. Um, and that's just that's a, you know, that's a factor of life. It's like you construction is extremely expensive and it's it's very I think it's impossible to create affordable housing without government assistance or subsidies. It just is not it just isn't viable unfortunately. Well, you know, there needs to be there needs to be either direct assistance or you know incentives for people to do so. It's just you can't you can't make it work. You can't you can't make money off of a house if it's not a sort of a like a higherend product. It's a you know especially when you compare the value of a house that's existing already to the cost of construction. There's such a vast gap.

Oh yeah. Rehabing versus actual ground up is way I I just rehab the home in 2020. So uh I know and I regret not just staring me down. Um so uh thank you. Yes. I was just curious um as a builder we don't often get to talk to developers or to be able to find out what they've been built like exactly what types of things they're building in that area at least from our seats here. So thank you uh for your interest and for applying. I I'm curious about the alternate versus full seat question as well. But I also, as Erin alluded to, you know, one of the functions of ZBA is varying the code

most often area variances, but also use variance potentially, although they're not as common. I'm curious where you fall philosophically in terms of viewing the code as kind of the governing uh document that needs to be adhered to versus the role of the ZBA in listening to applicants and looking for ways in which to vary it. Where do you kind of fall in philosophically in terms of how you would look at applicants that are coming to say the code doesn't work for me? Well, uh, you know, there's a good question. Um, what for me, what would be the guiding principle is like what what is the town plan? What is the intention? What the comprehensive plan is saying? towards the direction that we're that you guys are governing body are saying we should be going in and trying to use that as you know a a guiding stud for like how we make decisions like I you know I'm not I did not understand the purpose of ZBA to be writing policy but to be you know like being that to be having discussions about how we interpret or how we you know offer people relief when inevitably these situations arise that may be unfair to an individual or make life impracticable or present. You know, it's like balancing that the kind of like people's personal freedom against what is best for the community and what the intention of the laws in the community are. So for you know for example let's say like an area variance where somebody's trying to put you know a garage right next to the property line there might be there's definitely situations where it's like well there's very good physical reasons

of your site why it's you know either impossible to put it here or you know going to double your cost to put it here versus here. you know, those are kind of things to try to make sure that we're not causing undue hardships to people while also kind of like keeping things steered on the path that has been laid out. um in terms of you know varying the code of use variances um again you know I'd like to I you know it's interesting to have a discussion with a body of hopefully reasonable people about what the impacts of something are or not you know what whatever we're considering whether it's something major that could be you know affect a lot of people in the town or something very minor there sort of being able to have that discussion about, you know, is this detrimental to the community? Is it detrimental to the people who live nearby? Is it not? You know, that weighing those kind of the harm verse reward, harm versus benefit, I would say, type of thing. Does that answer your question? I might sound a little bit off. Yep.

And um I just Are you open to uh being appointed or potentially being um asked to review for another committee in town or do it would you be open that wasn't ZBA in town? Okay. Great. I like to ask all of our applicants that. Um in this instance, we don't have too many for how many positions we have open, but during those times I like to know that so we can close two committees, right? Depending on which committee you're on. Yes. Just general. Yes. Yeah, like you couldn't serve on planning and CPA. Correct. Smart and beyond CPA. Exactly. Yeah. Those types of things. So, and we also have a new committee, the event committee. No, the community preserv Yes, we are having

and you can also but the community preservation advisory committee and what does that board do? That board I'm just promoting it. Um we have the fund the um community preservation fund that's funded by the real estate transfer tax went into effect on February 1st. That committee will be the committee bringing acquisition opportunities to the town board in an advisory capacity. So you like that committee goes snooping around trying to find pieces that would be good to purchase kind of thing. Well, it's all willing plan that we adopted and that you guys Yeah, there's a plan

for us to to have that tax and you would take that plan and you would use it guides of that and it's um you know identify different parcels in town and you would be like, "Oh, look, they're selling Winnow Creek, right? Let's buy that bad boy up because it's identified in plan." So, um that type of thing. advise us on what properties you guys that were already pre-identified in the plan that you as the committee thought would be with the balance in the fund behind but um do you have any questions for us?

Um I don't have any questions. I don't think um I guess I have a comment okay

which I could have said before but during the public comment period but I'll say it now just I think that it would be after my own recent experience going through the ZBA and the plan board process. I think you know there's there's some things that are unclear as a person coming to being an applicant of like how the process actually works and how it's supposed to work. I think we could do we could have a bit more information about that available of like how these different entities relate to each other and what's like the proper process for things to go through and it feels like yeah so that that would be good after my recent experience would be good to

have more of that out there very open to that input. Okay. Anything else? All right. Well, thank you very much to meet you. Well, thanks. Anything? Although, full disclosure, guys, I just realized the previous applicant, I used to live in this house and my father used to rent it. So, just fair for everyone in case you're worried about the winter town. Okay, great. Um, so moving on. I had this plan to try to figure out how to screen share documents with you guys. Would you like me to do that? Would that be helpful?

Yeah.

Um, so I'm gonna see if this will let me do it. Okay,

that's what you I was messing around. There's like a way to have documents in the meeting, but okay.

Give your permission to share. I tried to take it, but it thinks I'm go full speed for this. Okay. So the first item we have is the procurement policy. I was would like to discuss the changes that I would like to make to our procurement policy with the board tonight and also get your input on some very specific um

some also get some um feedback from the board on a couple of specific questions I have. So is this the professional service procurement I'm doing that?

This is well no this is our procurement policy but I'm going to be talking about professional services because um so what I have is our procurement policy. It's in our adopted policy folder. Um I think I might have also shared it in the documents for this week. It was adopted in 2020. Um, under New York state law, towns are required to go through a competitive bid process for purchases over for in a single year from a vendor that are over $20,000 or if it's a public works project, $35,000. That's New York State law. We are also required to have our own procurement policy for anything that falls under that threshold to ensure that the town is uh keeping with a competitive some type of competitive bid selection process. Um, so the thresholds that are in th that policy are up to us, right?

But part of the idea of competition in a procurement process is that we protect taxpayers by getting multiple quotes and making sure that we're getting the best price, best value for what we're spending our money on. Um, under New York state law, profession use of professional services. So if it's categorized as a professional service, it's exempt from New York State law. So you do not have to do a competitive bid process. However, we are not required though we are encouraged to have a policy that covers uh use of professionals. One thing that's come up in my review of our policy and whether or not the policy is being followed which I am tasked with um in this policy um is I don't think it's clear to me to other purchasers what a professional services versus something else. So for example, um hiring someone to consult on a project or an attorney or engineer very clearly professional service, an electrician. What are they? on the install of the playground equipment. Anything that is involves labor equipment or a physical alteration to anything is not covered under that professional service idea. So that is not something that seems clear to me and I feel like our policy should clarify the difference between a professional service and

someone who's providing professional construction services or something like that. So that's the first thing like professional construction services. It's like uh constru sorry construction services license builder as oppo construction services as opposed to con uh professional services. Somebody gets his hands dirty versus somebody who I was going to say hands architecting the builder. Exactly. Yep. So, um,

is there anything in the current policy, for example, hiring an electrician, um, is there anything in the limits that and and the current approval limits now that prevents you from acting in an emergency situation? No. emergency situations are exempt so that we are covered. Um, so let me where have you been hampered I guess in your with the playground the installation of the player? I don't know if it's hampered. It's just unclear.

Yeah, just I think boundaries like cuz to me that would have been the actual playground company would have been a professional service because we need to have it vetted. We need to have it inspected. It needs to be a certain safety standard. They're not the ones who install it. That was a separate invoice. So to me that would have been professional services but the whole program providing the equipment they provide the pieces. Yeah. And one of the things together installs it. So like that is like an unclear like that one's a gray area. Well that that's a purchase. So I I think because it's a purchase it's it's not a professional service. It's like if you're buying a truck.

If they had two, if it was one company that had two subsidiaries, one that does the design and safety and licensing and then another division that actually sells you the hardware. Then you had someone who sold us the hardware and then someone who is installing it. the one who designs it for you would be a professional service but the one who actually sells you the hardware would be a purchase.

So if I could just so one thing um where have we run into trouble? I would not say that that has happened. Though I have caught some things recently that I think maybe would have moved forward potentially in the past if I hadn't been like obsessing about this. Um so the other thing is is that as our like litigation list shows procurement is a way is a place that the town is has risk for our decision making. So, I want to make sure that our policy makes it clear to the town supervisor, to purchasing officers, to the town board exactly what we should do and what kind of time frame we're looking at because that's what happens, especially when we get under time pressure, it we don't necessarily make the right decision. So, I just I think making it more reflective of what the process should be, I think would be helpful. That's my recommendation. Um, so I think number one, I Mary Lou got a bunch of uh resources from the Association of Towns that got uploaded into our document section today because we just got that. So I wanted to take a look at that and come up with the def like that clarification as to like what is and is not professional service. So it's in this policy we have that included the um so that's number that was the number one thing. The second thing is is this section here we have um the procedures for deciding whether something is subject to bidding.

Um then this preparation of a competitive bid section awarded contracts. Then we get into this methods of competition to be used for non-bid procurements. Um, I have turned this into a chart because I think that's a much easier way to view this and it is unifies like all the decision-m. So, there's a does the town board have to authorize this purchase, right? So, if it's greater than $3,000, the town board has to authorize that purchase. It doesn't matter if you have to get quotes or not.

Who are the other purchasing officers?

Um, it's all the supervisory employees and department heads and the secretary to the planning and zoning boards. Um, so and then the highway superintendent, we grant that purchasing officer up to $7,500. They can make purchases, right? But if it's between 10 and 20, they need to get quotes from two vendors. So that having a chart that shows those dollar values, does the town board have to authorize this? Yes. No. And for all the for those different dollar value thresholds, the question that came up for me is and the two things I wanted to get input on for purchases of goods and services between $7500 and $20,000 require written requests for proposal, so an RFP, and written email or fax quotes from three vendors. Public works contracts. So that's basically anything the highway department does plus anything that alters or a building. It's um between uh 20 and 35,000. A lot falls in that threshold, right? So the question is, does the town board want to be the ones that releases the RFP or are we okay with the purchasing officer being the one to issue the RFP and then they have to submit the RFP plus the responses to the board in order for us to authorize that purchase?

Do you see that? You're saying for the public works 35 to 20? I'm saying between 20 and 35 in public works and between 7500 and 20,000 in goods and services, an RFP, a written RFP has to go out and then you have to get written quotes, three of them, in order to make a purchasing decision. You're saying should the board be in on that?

The board should absolutely weigh in on it. Should the board be the issuer of the RFP or are we okay with putting that to the procurement officers? So my I think the procurement officers if it's not if the procurement officer is not you but I would say the procurement officer plus you so that you have so that there's some sort of oversight um over your director of ports who or the department heads doing that purchasing. Ultimately, the board could say no. Like if we got the RFP and we were like, we don't like this, but it controls who gets contact. They didn't

Well, but it's also an issue of you go through the process of doing the RFP, you get bids, and then it comes to the board for approval and somebody or or the board says, "We don't like the RFP." Then you have to start all over again, and you're you've lost potentially a month. Um whereas if it's the department head well as you reviewing it you sort of have a sense of of the town board's prior you have a greater sense of the town board's the town board members priorities and you can sort of provide guidance so that you don't have to start all over again if the town board doesn't doesn't like it. The two thoughts I had um were uh that I think it could be a good idea to have two templates that are part of the revised policy. One is a RFP template. So you if you are issuing one of these RFPs you have to use this template and then the second would be a bid template which we would use which would be

and then sort of going on to the next step which is what happens if they don't have three respondents that Marylu do you know the answer to that I believe they just have to show that they've attempted to get three. Yeah. Yeah. Because we've had that before where we didn't have one answer back and these are publicly noticed. So the other that was the other thing. Should we require some kind of public posting? So it could be on the website. I think we should require that it gets posted on the website. Yeah, definitely. But we don't we didn't have that before. So that's this is with the charting. This is what came up. I think so. I think Go ahead, Char. No,

I was going to say I I think at that level at those thresholds the board should be weighing it. And I I see your point, Sally, but thinking about the position and not the person, you know, I think having a five member board weigh in on those decisions before something goes out is going to be more protective of tax dollars.

Not that I don't think Aaron supervising that would work, but We don't know who's going to be in a position of 510. So if it's policy being adopted moving forward, I think for those levels, it would be helpful to have the board look like those things. And for the other reasons you're mentioning, you don't want it to get to a point and then the board's like this is people have put work into it and then the board rejects it. So well, I mean, I hear I hear that on the one hand. On the other hand, this policy can can be amended through a resolution. So it's not a local law. So I don't think it's it's supposed to be reviewed every year. I don't think this is going to this policy is probably going to be completely different in 10 years. When's the last time we reviewed this?

Well, we've reviewed it like three or four times since 2020, but we never adopted the amendments. When's the last time it's changed? 2020.

Yeah, this is the same version. I will say I am not opposed to staff that is already authorized to make purchases for us do the prep work of these things to not have that happen on the supervisor's office. if there's specific specifications for something that they want to purchase to look for. They're supposed to be anyone who's on the list of approved purchases are supposed to get the supervisor's um they're supposed to obtain a determination from the supervisor of the available budget expenditure funds prior to the purchase. And that's for anything. That's even if they get like a reimbursement that they bought at Walmart or something. So I am fine with when they are confirming that what's in the budget with you that you confirm that the request for bid it for how we have the template is completed and filled out properly to allow them to do that. Like if they're already contacting you before anyway I'm and like they can add that step at the same time when they're confirming their amount. um uh that's left in the budget. And then also, hey, okay, so I have $20,000 left for park benches. Um here's my filled out template, you know, RFP for the park benches. Can I send this out? Or it can come to the board at that point. But I do think that we should at least read them,

push the work, yeah, down to the push the work down to the operating level in terms of Yes. Yeah. Like they can do the actual like getting of the quotes, talking with the vendors about, oh no, we want this color, not that. Like those types of thing, customization on like what we're trying to get from um from, you know, that would be in the RFP. um they really just be the point of contact to get all the quotes and be the ones to ensure that we got enough quotes so that we have enough to approve their purchase.

I think yeah I think so I will put together the chart the templates then we'll come back to our next meeting and I think if the board that is a quick that quick that is a amendment that we could make everyone can think about whether or not we want to require that the board issues the RFP or not. I think what I was thinking after speaking with Mary Lou cuz I was on your team because I'm very nervous about the risk to the town if something isn't. But the thing that I think we can require in the policy is exactly that like you must submit the written RFP the your email copies of the emails that you sent out all the responses and then we have to it has to be shown that it was on the website

and that's what the board needs to make a decision. So just as a general caution, be a if the RFP specs are so tight that there's only one. Correct. That's what we're Yeah. So that's why we want to see first. But you also don't want them to be so general that you get like Yeah. that it's not a fair playing field. You know, you want people to know what they're actually bidding on.

Yes. You don't need to get down to like the paint color or the fixture types, you know, like if they're gold or painted nickel, you know, brush nickel, but you have to say we want a ADA bathroom that has at least four stalls, two sinks, and a maintenance closet space in it in a request for an architect and then they come back with what they've made within that, you know. So, there's certain that they, you know, it's like a weird

of what like it's a but it's a balancing act of what we put in there. I also would like um I would like the list of um the uh individuals responsible for purchasing that needs to be edited. I heavily I think it needs to get broken down to four.

Wait, four. I think it should only be elected officials. It allows them to delegate to their staff that's under them to do this in at least how it's written now. So, I don't think that we should have all of that where like in future makeups they could be like, "Oh, well, my name's on the list so I can make the purchases for the highway and even though the superintendent doesn't want me to do it, you know that in practice that's how it happens." Um, so yeah. Yeah. So I just I think so we're not held tight like like we don't even have a purchasing officer, right? Yeah. Um it's definitely a little outdated.

Yeah. Like little things like that or like a building ground supervisor that we don't have that but like that department would and would be under you. So you could delegate someone in that position. You know what I mean? Like if we leave the the positions that are always have needed to be had in town elected as the ones to determine and delegate that that's a better then this yes list.

Okay. I think we have some good direction. Um and then at the end is there's a bunch that's exempt. Uh so we have uh the professional services section is at the end. Um And then there's the backup material also that Mary Lou uh acquired for us that's in there. I read through it. It backed up everything that I thought. So that's I felt good about making these amendments. Any other thoughts? Oh, the other thing I guess is if you guys think these thresholds should change. Um that was the there has there had been a proposed amendment to this on the table for a few years

up or down up and we never passed it. So do you think they're appropriate in your operating experience? I do. I mean I think it's very appropriate. What was the proposal? I think it bumped up the three to five and that so sorry I can look I can do this. Um so this was bumping up to 5,000. Um this was bumping up to 10. Um then that was 10 and that was 10. And then I I can't remember. I can I could pull it up. I mean if you think these limits are appropriate.

I think they're appropriate. I think they're appropriate for I was thinking you would know best because you're the budget officer if you've come into any

I mean I feel like purchases in my experience well first of all we have a good system like everything basically goes through me so everyone is communicating um right now which is good but one of the things I would like is to put some of that work on our department heads and our supervisors because it we can trust them to make the decisions with the budgets that they've helped create, right? So, I want a policy that's solid enough that all the things that go into that decision- making are there and so we're empowering people to do that work and again bring us their work product so that we can approve it. But I do think that this is we rarely are making purchases over $1,000.

So, yeah. Okay, great. Moving on to Okay. Court security camera policy. What I did you you sounded like you were about to say something. You did. Oh, sorry. I do. But

okay. I can just I would like to intro this by saying that we the board approved the new camera system at the court um as part of the amended JCAP project that was installed um so that um all the equipment was installed um and because it touches on sort of the shared space right so it's the court operations which are under the the justice and office of court administration jurisdiction but it's a town building right so that is our responsibility um so uh judge Laflam had the idea that we should have a joint policy to cover the the camera footage how it's handled who has access to it all of that she put a draft together for us which I think has a a lot of good elements ments. Um, I wanted Mary Lou to review it and I had some thoughts about it about making it less specific. Um, and Mary Lou mentioned that she would like to take some time with it. So, I just wanted to preface with that. Um, but I do think we should adopt something soon because it involves like access to the the the recorded footage. Um, but there's still some open questions like the retention policy on the record and things like that. So, I just wanted to preface the conversation with that.

I did have some comments. one if the servers are all in the courthouse and somebody sets the courthouse on fire and you lose the records. So there's no right off-site cloud backup. Two, I didn't like shared passwords for access because that makes it harder to keep logs of who's accessing what and you should never have shared passwords. It's like right security 101. Um there needs to be greater clarity on freedom of information law requests and who how that happens because then clerk has to have access.

Y um I'm not comfortable with a paid vendor having full administrative rights. Those are the main points that I saw but I didn't read I it was a very very quick so I didn't and just the policy I think in general could be the redundant parts

there. One of the things I thought is there's a policy and then you can have like an SOP or like a here's our contact and that that's a separate document that is more like you know this is the vendor that's handling this and this is who you call and that to me is not doesn't need to be in a policy that we're adopting. So I thought that that's one thing we could do is kind of pull something. I find it highly inappropriate that Justice Llam would give us legal advice in her position as our justice on this for policy. And that's all I will say on it. I fully support a security camera policy though for us or everywhere that we have them. Um but uh when we brought things that were not of this nature at the request to make sure that it physically visually fit the appearance of the court and we were given that reason for not being allowed that comment and have had to redo work for over a year and a half and now an entire policy has been suggested and directed at us by a justice that was supposed to have a completely separate role and not have influence over this board I find highly offensive. Um but I fully support the security camera policy for us making one. Um I just don't support um other elected officials from drafting legislative pol u policy and giving it to this body who are not our legal representation.

Question are there any other buildings of videos? So, right now we have um a camera at the highway garage fueling and then I have two cameras at the transfer station that are not recording footage. They're just Yep.

viewing. Um so we have those two. I would like us to have more cameras at every location. I would like us to do that. I will say while I understand where you're coming from, it is appropriate for us to have joint policies in spaces that the justices do have oversight.

Oh, absolutely. for a joint policy, but for having one that would be a town that's our responsibility as the building owner, I that's where I find it appropriate. If she wants to suggest policy on how her department has to handle it, that's fine. But to suggest other things outside of that, um I haven't fully read through it yet. So, this is just supposed to be for those specific cameras and that specific space. So yeah, the key policy I still do find it to be a gray area. The key policy was

um I put I put some comments in the document. A lot of it was just clarifying adding definitions. I think we use different words for the spaces.

It wasn't clear to me sometimes when we're referring to cameras where they are and who has authorization. I think there's some inconsistencies in terms of saying people have access but then saying they don't have access in other sections. So I I think there's some clean up just to make sure it's consistent. Hopefully Mary Lou can look at that. I agree with Zalia. I have similar comments about you know what's foilable. There's some things in there about retention that's not specified. So I think you know especially as as we're looking at potentially adopting body more camera policy, right? I think we need to be consistent in terms of our retention and clear for all, you know, video capture, particularly if it's going to beable or used for legal purposes. Um, I think we need to log activities. If we're going to have an admin in the system, we just need to make sure that we're logging what that admin is accessing.

Oh, we should also get periodic log reports. Um, see what else I put in here. Yeah, I think so. Me is gonna look at all this.

Yeah, look at that. Um, I think basically it needs some tightening up. I think you guys have mentioned a few of the things that Erin and I had um spoken about. I would just ask if those of you who who have comments I I wrote down what I could but I know Michael you have comments that you've written on the on the proposal. If you folks could email me your comments. I put mine in the doc. Yeah are in there too now. Okay. There's you guys have them right in the dock that's on there on the SharePoint. Yeah. Okay. Great. Thank you. Yes. I'm looking at you. You can't see me nod.

Okay. Anything else? Okay. Moving on. So, municipal property law draft. Um, so I want to frame this and I'm going to pull up what I drafted and explain where I'm at with this. Um, so if you'll remember, we are we have um a local law that we had uh public hearing on to rescend local law one of 2011, which is the municipal parking lot. One of the things I mentioned when I introduced that is that I think we should I think that that law is problematic for many reasons. um and that it needed those that needed to be addressed in a different way. And I had told the board about three options that I saw and we had a discussion on it and what I have proposed for us is amending the vehicle and traffic law. So, let me share that and also show you guys the new template that I made. Uh, sorry. I like templates.

Can't Hydra. I know. I know. So excited. I know. I do. So, I like So, I made a document control template for local laws. So, every local law will have one of these. And I am making uniform version numbering for everything and a naming uh um method for everything. So the next version of this will be listed here with the date what it is so that we always know

what we're voting on. Right? You can see why I'm excited about this. Right? Okay. So, um, our vehicle and traffic law was amended as recently as 2023. What was added was a huge section that outlined how parking tickets should be made. Okay, so that is what I followed when I made our initial parking tickets. But there were some not contradictions but discrepancies between that and vehicle and traffic law 238 which is the state law that says what a parking violation should have on it or traffic violation should have on it. So that is what I followed when I made the revised tickets. So number one

to be clear the only people issuing these traffic violations are hospitals

currently we can assign like we could that's one of the questions I have for this draft but there are others that we could we could assign um the park parking there's other parking enforcement officers or anyone that we give that authority So that was one thing that I knew needed to be changed about the vehicle and traffic law. The other thing that I knew needed to be changed is that we had a contradiction in the fee schedule. So the board adopted this big amendment that outlined this fee schedule for parking violations, parking infractions in our vehicle and traffic law. But they had there's a clause at the end that says no violation no violation of this chapter shall lead to a fine more than $50. So then when I made the tickets I had to make sure it was clear that nothing was more than $50 except the municipal parking lot law which had its own fine structure. But that's one of the reasons why I think it's problematic because that law was not part of this law and not under this law and not under the ticket the ticketing of this law. So, um, so then I made a section for the municipal lot and put it in here because that's most municipalities that have that. It's in their vehicle traffic law. Then the parking violation section applies to that and it's just cleaner. So, we're consolidating everything and repealing and replacing vehicle traffic law and potentially removing the existing municipal law and incorporating into that.

Correct. So, um I So, this is the new law. It has not been vetted by our attorney yet. So, um but I put in basically everything that we discussed. So, there's definitions in here now. So definitions of the municipal parking lot, commercial vehicles, and then the heavy commercial vehicles because we did want to we discuss not allowing certain types of use of the lot. I put some comments on the SharePoint. One is uh there's no prohibition against unlicensed vehicles

in this lot. I think so being part of home mean a whole lot but I put it in the shareoint system. Um and I did some other language tweaks that makes it a little bit more gives us a little more flexibility. Okay. Um,

yeah, I put some other minor things in terms of what's not allowed. Like I don't know if we should stipulate not allowed to sleep in vehicles certain hours. Um, in the section, what do you mean you're not allowed to sleep in vehicles? That's like there's nothing that specifies that if you have a permit to park there, you can't be sleeping there overnight. I don't know if we need to say that. I want to see what the board thought about that. I don't think our business I don't think it's our business either, but yeah, I know it's been brought up as a concern. I think you

and that is illegal. State law covers that the restrict visible restrictions in section C. It wasn't it said permits may be limited by location, duration, and or time of use. It wasn't I wasn't sure if that was the clerk's office doing that if they're the issuer or if that's decided somewhere else, right? Um Kate do it. Is it only for violation that that a permit can be revoked or do we want to have the town have an ability to revoke? We should be able to revoke it. Any permit that's granted, right, can be should be revokeable at any time at the time board. Yeah. I put that in my comment too.

Yeah. Yeah. And I I think Yeah. Or we want to revoke all permits and get rid of the process. We don't want to create a bind for ourselves. Um, in the form and content for the parking tickets, we had said town board may approve a ticket. Is that a may or a shall? You want the town board to have to approve the tickets? It should be the form of the ticket. But, but a shall I say shall. Yeah, cuz what's if it's a mayor having it, right? I think those are the main things that I saw. But it should be the form of the ticket, not the ticket, right?

Well, if you if you make it shall, then they have to approve it every year probably. They just have to I mean, you've already approved it. So, if you pass this and make it shall, you can just do a resolution. Um, again, approving the form of the ticket. Just add it on to the organizational agenda. Maryl, no, you no, you don't even need to do that. weird. It doesn't say that it has only if it said it has to be reviewed yearly, which I don't think you need to do. Okay.

The only other weird thing I saw was that it seems like parking isn't allowed on both sides of toe path, but we list the north side and the south side separately. And on the other roads, we they just it says both sides and it seems like they it's north and south to match one another. So, just consolidate that. It's the opposite sides of the road though. Well, what? Wait, I'll look it up. I think it's goes like this. There's no parking here and no parking here, right?

Yeah. And Yeah, because the rest of them there's not both sides of the road that there's no parking or it's opposite side of Peter Creek. It's not the directed the opposite side of the lanes, not the direction of the lanes where the shoulders, but you're, you know, I think maybe you're right that we did it on both sides. Yeah, I think it's not parking. I think there was two different laws. I think it was because there's two different laws that we did that. Okay. Yeah, we can do that. Um, your comments, everything you listed are in your comments, I think. So, yes, I'm pretty sure. Yeah. Um, and yours are too. Okay. Did you have anything that you wanted to say, Marylu, on this or did I cover? No, I think you covered.

Okay. So, I'll just look at the comments and we'll go from there.

So, I think this is the cleanest, fastest way to make sure that we have some permitting and regulatory ability over the lots. I do think having a municipal property law might be a good idea, but I think that's a bigger I think that's a bigger law because it's going to cover every single property that we own. So, I think that's going to need more deliberation um than something like this, which I feel like I can have the version that we're going to schedule a public hearing on ready by the 12th. So we can schedule the public hearing for that that night. Um so my next discussion item is uh hopefully brief. The uh little league Indian valley little league has uh asked the town about use of our baseball meals um or in whatever capacity. I haven't

at the town park so whatever capacity well

I haven't had the conversations yet the detail conversations I know that they are looking for space I would like to be uh helpful to this important organization Um I wasn't it some people are aware of the situation. So if I wanted the board to just be informed that I do think it's good for us to investigate this. However, it is not a super straightforward as sure you can have some games here because the the volume of attendance is a lot higher than what we normally get at our park. Plus, the diamond needs to be brought up to regulation and we did not budget for anything like that. So, um I had said that I would bring this to the board. I don't have anything specific at this time. The other thing that I think it brought up for Kate and I is that we have the bathroom now and we have park rental and we want to update the park rental and charge fees especially because of the bathroom. So

h the only town that doesn't allow drinking at their community. Oh, so they have to pay for it and insurance for unlabel. I mean we can consider it the revenue. I'm just saying I don't know what would have to submit insurance. Yeah, they have to get their own. And I do see where police facilities charge like 250. You're going to have alcohol. It's crazy. Yeah, you can make a lot of money off of the rental of your like parks or like grounds, that type of thing, espe like just in the fees for that. So, yeah. Huh.

Uh I don't drink. So, bartend. I would like us to try to work with the league, but it's not I don't know how the improvements would be made. Haven't you Have you driven by on a game night? It's a lot. It's all depend on how they structure it. You know, I I would say one game would have anywhere from 40 to 60 people. If you have two parents and and um me, our park doesn't have that. What I picture I think it's amazing for families because you would have a park for the rest of the kids in the family, not just running up and down on the pavement.

I I love seeing Yeah. I mean, I love seeing kids engaged in any kind of recreation. I think if and I could actually see people wanting to donate to these upgrades if that is also consideration. I thought of that too. Start possibly like a a fund of some sort. Be interesting to know what it would cost to to bring it up to Yeah. Um and I I think the um I think all of that I spoke with our recreation director. The timing works out fine. So the the league is over by the time the summer program starts. So it

I think it's I think it's a great idea. I mean it's a great organization

and I I just think we have to be make sure that we have all the contractual and financial bits worked out. Um Mary Lou is going to find agreements because this is something that happens in all municipalities where different organizations and leagues are using different spaces. So, she's going to pull up some of the best practices from other municipalities on what that should look like. Um, and I'm going to try to work it, see what the league needs, and hopefully bring something soon um so that we can assist this year. Um, anything else on that

digital records policy? May I hand this over to you and Councilman Coleman? I think. Um, so, uh, Councilman Coleman and I reviewed the policy that you kind of put together. I'm not sure the date on it. Was it the 24th version that we looked at? Yeah, there there was version was February pre-mplate. Yes. Um, we found going through it, we did find a a few errors along the way. Um, referring to certain numbers that are no longer, you know, when we I took the couple samples and kind of put them together. There's some discrepancies along the way. We found, I believe, three. That sound right, Michael?

Yeah. I want to have your notes. I have like seven things. I mean little things but like definitions that don't align or um but yeah it's not nothing crazy. Yeah. Like we talked about in ISO which I think should be RM. Yeah. So did you have amendments that you wanted to review? Would you like to adopt this tonight? Sorry I forgot to explain to you guys. I put the discussion first because we had all these policies and I thought if we wanted to discuss and then adopt.

Um so is there anything that you would do you want to adopt this tonight and are there if so are there changes from the February 11th 2026 version which is the version that I have up there? I didn't see you didn't put an alternate version up there.

No I didn't make any change when you do that. You're looking at the PDF. Um, I I think we should not adopt it because we're immediately not going to be complying with the policy because it's going to require like like to implement this will require setting up things on the admin side. So what Kate and I talked about was me putting together a list of the immediate things that we would enable in terms of like flagging records and things like that and then reviewing that and then once that's good those can be implemented and then we can adopt the policy. Oh, okay. Because we were also talking about how we could make it effective April 1st or April 15th or but you would rather

Yeah. I don't I don't think anything that we found today is like this is terrible. We can, but we would we would need to just read the policy again. So, we could adopt it just to have something on the books, make it effective whenever, but then we're we're just going to have to do at least a minor. So, you're looking maybe to then adopt this in like a month. Yeah, I think so. I mean, we could I'm just trying to think about our next agenda. When's the first meeting? 12. March 12th. I think it could next meeting. Yeah, I think it could be ready by the 12th. The 12th, I think. So, in two weeks. Yeah. Okay.

I just got to get on it tomorrow. Okay. So,

Okay. I mean, if I can't get it done, I'll, you know, hunt it. No, I think we can just keep deleting things off the agenda. I think I think we can I think we can have like an an initial version. Okay. That we can work. Okay. So, were there changes that you wanted to put together so that we have the version that has this edits that you and Kate came up with so the board can see that ahead of the 12th. Okay, I can do that. You can do that. Okay. Thank you. All right. Has has has Mary Lou reviewed that at all. What? The records retention policies? Okay. You mean the email policies?

Yeah. Yes. Okay. Also, what do we want to call it? Because I was calling it digital records policy. It's titled email policy. Yeah. I think we should change the name. I think originally it started as email but we went to electronic but we're not covering video footage in that policy. though but we are covering chats um like teams conversations uh emails documents and shareepoint all those things should be

well we can have an electronics policy and a digital policy videos are digital not electronic yeah yeah we should have a separate well I also we'd call this electronic records policy yes and then call the other one our digital records policy and then that would be any photos, videos, audio. Okay, we order that meeting recordings because that was a question Mary that I had on the camera stuff is like are security cameras foilable like for town buildings and things like that. It depends on the circumstance. Yeah. Okay.

Okay, great. Um, bodywn camera policy. Any thoughts about this post? Let's see. We have a version. We just I put a new version up. Which version should Which version? The one that's dated today. It is today. 26. You put one in today. That's all. Oh, like Monday. Okay. Sunday. Yeah, on this when I talked to Aaron today, I said for the review of this one, I really think that Brian Goldberger should do that.

I've not sent it to him. So, because it's really something he's much more familiar with and you know, he works with it in other accounts. Yeah. So, we we can do that. So, this is 211. The two Yeah, there's a 226. There's a word version that's 226. I'm I have it uh it's it's on the Yeah, it's that far screen. So the red the red lines in this. So what I did was Erin found both a local law from town of Malta was it was

something like that. So there another town that had a body warning camera policy and then there was a state template similar to what Kate had done for the records um policy. And so I cross-cheed what we had read last time against the state and I also did a lot of changes to what was specifically authorized to make it align more with code enforcement uh type activities as opposed to law enforcement specifically. This will this also a camera this. So this is specifically body warn cameras. If we wanted to include that we need to add that for which I'm sorry

like in patrol cars like dash cams like that but like I tried to remove things in this case that aren't necessarily right things to do. Um, but anything in anything in red is a change based off of that cross check with those two documents there.

But if we're going to also have to say what you're saying video, you have to make it clarify where Sam included or not turn button on. Um, yeah, I'll see where that makes sense. Which I'm sorry, what is the if we have if we want to have a requirement that they have sound enabled if they're recording, right? Like stipulate that is

Yeah, you basically have to. Um, so I thought a lot about how many policies I have on the agenda tonight and whether any of them could be consolidated. Um, I think that's a question. You know, for me, the security camera and bodywn camera have a lot of similarities, but also there's a lot of differences. So, I Yeah, I was about to say I think I'm leaning on keeping them separate because of the the how how much this is about someone performing their work.

What's our equipment policy? Do we have one in the handbook? Yes. for town own equipment sort of. That's why we need Brian to review this, I think. But it just I feel like we should just do an equipment one and body camera be placed under that. It's a piece of equipment. The records would go under the a digital record policy that would include that camera footage of any actual building camera footage and any pictures from uh events, files, blah blah blah, that type of things. uh anything that was digital opposed to just electronic.

Michael, in 4.3 is the default for cameras on or off because what you're saying here is that they can't it's discretionary and they can manually turn it on when they want to record. Yeah. But aren't we is it better to have it on all the time unless we provide circumstances in which they're permitted to turn it off? I well I think it's a question for the board. Do we want do we want them to be recording constantly? I mean I don't I'm mentioned it. I think that's a very good discussion to have with Brian.

Yeah. Yeah. because he'll tell you the pros and cons of each. And and I know that there's circumstances when you want to have them off and I know there's circumstances when you want to have them on. It's just a matter of Yeah, I I agree that it should be tight because if it's not if it's not, then we're going to get into situations where we think there's footage of something and there's not, you know, and the whole point is that there be a record of the interaction. So, I definitely think inspection should be up with the

you. So, yeah. And I think the change I made here was building inspections was in there and I said new construction because I was concerned about privacy if you're going to inspect a bathroom remodel and you're walking in there with a body warn camera on. Is that something we want stab authorized to do? like you don't know what's going to be captured in someone's home and they're required to allow the building inspector in that case. So or there the training available to give some clarity here for them. Yeah.

I I don't know. I think it's an important thing for the court to kind of agree on because it's not like police officer that requires a warrant. It's like you have to let the building inspector in. No, you don't. But you don't get a inspection. If you want the inspection, you have a choice. If you want the inspection photos, and I should have to have the camera the whole time they're in the house because that's the whole point of having that is safe. Say that if they have a child locked inside a padlock room on the like from the outside and then we have no evidence of that. No one's going to hold that up. But if we have a video of them finding the padlock door, then it's hard to deny that that happened, you know, and hold us accountable,

right? But that but you're also talking about code enforcement. I'm saying if you're getting an inspection of, you know, wiring that's done in your house, right? You're checking the footings. You're checking the plumbing. Yeah. The building inspector is now walking through multiple rooms in your house. You don't know what people Right. And how much Well, it's not Yeah. You want to be aware of their privacy. It's not going to be there long. What the camera doesn't forget. So, one I think and if it's foilable, too. Now, it's like are people going to foil? Right. That's when we need a clear policy about the record and what's foilable because people do there are things that aren't releasable. Yeah.

Um so I think where I I'm the one that brought that up to you. So I just want to disclose that I brought this issue up. But after speaking with the code enforcement officer um you know part of the idea is there can be a an inter interaction at any point, right? So that's one of the reasons why they're wearing the cameras. These are not records that we are going to be posting on the website. The they're not going to be watching. These are not for them to conduct work. It's the same as the security footage.

It goes in a docking station. The footage is stored somewhere. We are not viewing. And I think we can make that uh public. We can say publicly like on our website and in code enforcement documents. what our policy is about those records, right? And everyone on every permit application, on every inspection request should be disclosed, right, that there will be a bodywn camera so that everybody knows. I do not think there should be surprises about that.

However, the idea is that it would protect both the public and staff if there were to be something that were to happen. And that can happen at any time. Yeah, I agree. I just think people need to be fully aware before it happens. But I think that when the building inspector goes, you should say just we're being this is this is on and we're reporting if there are any areas that we're where feel right that there might be an invasion of p an invasion of privacy

and people do have the ability to say no I don't want that at which point they would say okay well then I'm not going to conduct the I I won't come in with the camera, but I won't conduct the inspection. So that if it was a case where they were like, "Oh, I don't want that." They could reschedu it. I But I do think it needs to be really obvious. Yeah. And maybe we want a signature or some kind of consent. And I guess they're consenting. They should verbally consent on the camera footage if they're going to go on the application. Yeah. Be on the application. I inspection. I would want it to be done be right before it happens too. Yeah. Because if you fill out your application and your spouse is the one who lets you in the house.

Yeah. To Yeah. I mean, I think if they say, um, I'm wearing a body warn camera. I just want to make you aware of that. Do you consent for me to come in? Then it's recorded on the camera that their consent is there. I just don't want to get a situation where somebody says, I didn't know I was being recorded, right?

No one told me that. We should add that as a disclaimer though somewhere in like our code or in like the department policies, you know, just saying that like any new construction and all inspections are subject to personal body camera just as well just as like a policy so that they know that you're getting a building permit if you need a CO you're going to any inspection our CO office now wears a camera so that it's just like there and clear to them too you know or Yeah. Like on the building permits is what I'm saying. Like on the bottom of them or like that, you know, for them. Yep. Okay. So, Oh, go ahead.

Also, when they're scheduling the person who's Yeah. Okay. So next steps is I will send to Brian um for a employee review site. Anything else on that? Just Michael, you should know that I used to live in Baltimore right after I got out of law school. Is that the town that we used it for?

Yeah. Yeah, it's it's in Saratoga County. It's like above Clifton Park and right below Saratoga. Well, we're happy to have you here.

Me, too. I I did come back home. I lasted there a year and a half, but it's a lovely town. Um, we don't need to discuss the inclusion of the amendments to the wage schedule because I have it as a resolution and we talked about it at the last meeting when you authorized me to apply for those. Um, unless you guys would like to discuss it further. So, my dying um I have a budget modification amendment that will fully fund those positions. And then when we do the wage schedule, we're going to do the wage schedule. We will include those positions in the wage schedule at the wages, but we won't fund the positions until we make the appointments, which is going to have happen after executive session because I thought you guys might want to talk about matters leading to the appointment of particular individuals in those roles. And then so the resolution that will be funding the positions will be um at the end. Okay. All right. So, I'm going to move on. So, the battery energy storage permit local law. What I I introduced this idea.

There's a talk about this yesterday, last night. Oh, there was in uh Kingston. Did you watch it? No.

They've been there's been doing they've been doing a lot. So basically what I kind of wanted to get for so there's two things that there's the home battery storage which I feel are covered under that people are allowed to install those. They're like installing a generator. The New York State came out with a model permit that covers everything they are recommending that a code enforcement official require and look at plus all the fire safety inspection specs for it and all of that. The permit is very detailed. I took a look at it. Mary Lou took a look at it. The building department makes their own permit applications. I think I included it maybe in the backup, but it's good to go. So, I told them that's fine. They would like to implement that so that they're make sure they're getting what they need for people who are installing these at their homes. So related to that in terms of like submissions and things like that, um sort of tangentially and sort of related um somebody was installing a wood stove in their home and um the man they they asked for the installation manual. The building department asked for the installation manual um which is about 75 pages and they were not allowed to submit it electronically. Aren't we moving to all electronic files things

for the um application assuming? We are but we don't have it yet. But but I guess the point is they require they required the um installation specifications to be submitted in paper and it was 75 pages. Oh, and it was a digital file. It was a digital file. It's like the manufacturer's digital file. I can ask them about that because it's it's a lot of paper to store forever for one review of two pages. Yeah, they we would scan it in I think. But

right now they are doing paper, but I I can see why they I think check book. Uh but they do want everything to be digital. They don't want to have paper based systems. So, which is why I was surprised that this guy was complaining that he had to submit.

So, on the battery energy storage though, so the home ones are okay. They're covered under miscellaneous permits and that fee structure. So, we don't need to take any action on that. But the bigger commercial ones, which is what we all cared about, questions. Do we want a model local law allowing them or do we want a model local law prohibiting them or do we want to do a moratorum on them while we

moratorum a model local law because Mary Lou is going to do a review to see like could someone actually have a case for they're allowed to apply for one of these under some thing in our code and so a moratorum would not hurt. I would do a mortorium, right? That's what you were recommending, Mary Louver. Yes. Yep. I will prepare a moratorum, which is a local law. So, I'll prepare that for you for the 12th because I think you want to get moving on it sooner rather than later. It will have to go, you know, to the county planning board and go through, you know, all the the zoning procedure. So, it could take a month or two, but let's get on it right away. Yeah. And when we're ready,

and that way you can study what direction you want to go, right? Go ahead. And when we're ready to take up the issue of utility scale battery energy storage systems, um that's kind of the nomenclature that everybody's using for these big industrial ones. Um ECC has sent over some um materials uh commissioned by New Paul's town board um for um Olter County EMC um and they have like some some learnings from what other townships are doing. The one thing that I think is important to realize right now is that most if not all these towns are putting these large ones like next to the utilities

um the what substations and in industrial zoned lands. So, um that's an important learning from um the trends that ECC has seen. And this just came in tonight and I'll pass it around to you guys if you want to take a look at those are the people that think last night. I'm sorry. That's the same crew. Oh, the same. Oh, wait. No, no, no. The name of the event was they're active. Are we able to entertain the idea of also doing a moratorum of data storage centers with the board? Would you guys be willing to? They use they use more water than the battery plants. And I just I keep seeing

forclosed land for sale in Arizona where there's a Facebook one being built in neighborhoods. So it's making me nervous. We don't have enough power. We don't have enough phase in the What are you talking about? There's a reservoir that they can build a water wheel off of. Just fly it or whatever they do. There no lots big enough. Have you seen how much of this town is conserved?

There's tons of lots big enough for to the developers right price. That's why we need a banana. Even if the internet infrastructure if somebody wanted to put a data center here, we have, you know, other good problems happening here. A lot of jobs around require a data center. Not that the data center would provide it, but you'd have to have some like major tech investment in the area. Do you know the percentage of rural workforce workers that are trained in tech or it? I'm saying they're not going to build a data center. They're building No, they're building them in the middle of nowhere. Yeah, they're building them in the middle of nowhere. That's what I'm saying. We have tons of middle of nowhere,

but also where taxes are low, which is Yeah, it's we're the perfect spot. Well, in put them in there. Um I have no issue throwing them in with the memoratorium. Go for it. So, sorry, I'm just seeing the writing on the wall of it. Like, they're just going to be the next thing. Like, trust me, the battery plant's going to get closed facilities under by no coast. Okay. So, we have good direction for the I forget what Alexa said. They're we're supposed to call them the larger battery energy storage. Utility scale.

Utility scale. That was the utility scale. I know. Battery energy storage. Um, okay. So, I is community preservation advisory committee. I just wanted to update the board. We have an ad out. Um what we typically do for our new boards is we do a call for applicants and we gather a bunch. Usually in the past we've had success with their new our newer boards getting a big group of applicants. Then we are conducting the interviews within a certain time frame so that we're doing the appointment for the initial board all at once. Right. with staggered term. Are these

Yeah, they're staggered terms in the initial appointment. Um, so subject to the removal clause that we talk about, right? Yeah, we need to that's probably we should have added one more policy document. Um,

so I just want the timeline on that, right? So it usually takes a while. So the appointment timeline on that is probably not going to be until like April because we're giving a window for people to apply. We have to gather all of that then. No, I think that's early. Oh, I see what you're saying. I was like, I have so many student. It I'm just trying to um I was like that's aggressive. Is it that might be aggressive?

But I'm just saying that would be like the earliest. Um but the month of March will be the time to gather applications and we'll have to see what sort of interest we get. Um which is why I was selling it up tonight. Um cuz I think people that have interest in planning and land use, I think this is also an interest. I think based off of two of our boards wanting to emerge that have to do with environmental conservation, I don't think we're going to be lacking in any members for this committee as well. I don't think we'll have that problem.

We can only get them to join the ref committee of Yeah. So, any comments or questions about that? I basically just wanted to like talk about timeline on that. Sell, sell it. Sell it. Sell it. Put it on the agenda. It's in people's minds. Why? Oh, sell it. I was like, is this some new like term of like done? No, I don't have terms. All right. Project 32, scope of services. So on

on our agenda tonight, I'm going to pull this up. Um on our agenda tonight is the resolution to enter into a an agreement with Barton and Lo Judas.

Lo Judas I was about to say it correctly. very little. Um, and one of I just wanted before we we're going I would I'm asking the board to authorize me to execute that. I wanted to open up the scope of services though so that the board is aware of the bud the projected budget for this project. We did this for sundown and just before we move forward because we're going to be adopting a basically the maximum out-ofpocket costs that we'll be paying for this consultant. Um so this is the scope of services document and when we we're basically accepting this document as part of the

do they put a venue for court and where jury trial permission in this consultant agreement I Well, I don't want to edit this because it came from New York State DOT. So, I I wouldn't want to edit it and then do it on the agenda. I would want to wait if we were going to do that.

Oh, I'm saying we're provided the template for the agreement from the New York State DOT. If we make our own, we have to make sure it follows their template. So, I just use their template. Okay. Um, that's all I'm saying. So, if we're going to make a change, I would want to make sure that it they had no issue with it. That's all. Yeah. So, if you want me to investigate that, then I have to delay this till the next meeting or let's approve it. But I think generally we should have a way of jury trial on every agreement that we sign, right? Every contract.

Okay. What was the other one? Was it just venue? Where you going to sue? Where they're going to sue you? Oh, okay. Where we're going to sue them? I can also We can do the resolution then. I I can also look into it. We can also always amend it. It might already be in there. The venue might already be in there. I didn't I did a very quick read. I didn't see it.

So, the scope of services is just the document that outlines what work they're doing. So, um, what I wanted to share with the board, so our award amount is $795,000. The budget, now this is just the cover sheet. The numbers are in the contract, but the anticipated design costs are um $221,000. That's $100,000 more than what we put in our grant application. So this they do think the construction costs are going to be on budget. Um I have already engaged with Olter County about whether they have funds to assist us. That is definitely an option. So I would like to move forward with this because um the bridge desperately needs to be replaced. the superructure of the bridge needs to be replaced and um I think we're already in a good position to move forward with this and have it done by the end of 2027. Um so okay so I just wanted you to be aware that we will be going out of pocket by at least that amount it looks like. Okay.

And then there's also the cost of the opening that's not included. That's not included, but it's covered in chips and it's going to work out fine with the way we did our chips budgeting. What's up, Charlotte? That's So that's for the That's the out of pocket for the bridge only or for reopening the road. The road is not included at all in this. And it's going to be less than $100,000. Like well well I just wanted to make sure that number was not for reopening the road. I was like what are we doing here?

No. So this number anticipated design cost is for the consultant and it's about $100,000 over what our award amount is. The allocations of the funds are in the Bridge New York grant approval. So we um we can't apply. We could move the construction cost if we wanted to, but it's going to come in at that amount. So we're just already planning on it being they build that overage into the design costs. How's it a bridge less than a culvert? How much would the culbert? Uh 995,000. It's less. Uhhuh. Because this is a super structure replacement. So the footings are stay. Okay.

Or the pilings the Yeah, pilings.

Anyway, it's just the bridge top super structure. Um so great. Any questions about that? Okay. Um, I can't give you any updates on the e-code. Sorry. I was hoping I ran out of time. Um, the ambulance contracts, Councilman Sulman. Well, um I spoke to Chief Carter at FAS and it sounded like there was only one issue that they wanted us to consider. Zi, close to your heart, uh was the waiver of jury trial. Um and they said they didn't have any issues with anything else in the agreement. So, I thought that was good. But then during the meeting, I actually got a redline version and there were a few other minor changes. So, we can talk about the now just to get people's thoughts or we can just have Mary Lou look at it.

Um, you could send it to me and I could put it up on the screen if you want. There. Oh, I don't know. I'm not looking at my email. I'm not checking my email during the meeting. Oh, I'm sorry. It's in your email. So, if you want to check it during a meeting. Okay. It's the second email because Okay. The initial one wasn't a red line. But in my email, no, I'll forward it to you. Okay, you got that. Thank you.

Do you think they're minor enough that we could authorize? I looked at them really quickly. It seemed uh seemed like they were minor but I don't want to say it definitively like one was the I'll start talking about it. What was the IRS form 9990 uh for the immediately preceding fiscal year? We had it at six months after filing and they changed it to 60 days after filing. So they shortened shortened it after filing as or after 60 days after filing such IRS form that should be that makes sense because what I think the 96 months is the statutory filing requirement is five and a half. Yeah. So that one didn't seem

yeah that's fine like an issue to me. G was board indicating number of volunteer and paid personnel on staff and they added total payroll paid took out listing of wages paid. So they're saying a report indicating the number of volunteer and paid personnel on staff and total payroll paid using town funds instead of a listing of wages. So I think that's fine. I think it's fine too. Um they struck the um waiver of trial by jury.

Uh that makes no sense at all. They they struck it. I think Maybe if it does go to trial, they'd be more interested in having a a jury the bias to jury determination. I would hold back on that one. Okay. So, I am fine with that as someone who served as juror. They wanted their

All right, let's hold off and discuss it for one second. Um agreement. So in the section that says this agreement may be terminated by either party without cause upon 30 days written notice to the other party. They added ambulance expressly agrees to continue providing service to town in accordance with the terms of this agreement during the 30-day notice period unless otherwise mutually agreed in writing. So I think they're saying even if we terminate they're still going to provide services which is what they should be doing which is what it means. What that's what 30 days notice means

right shall be by party dress above any notice to I think they just removed the requirement to to notice their attorney. So notification shall be provided by registered mail to each party of address addresses listed above with a courtesy copy which shall not constitute notice of any notice to we included their legal representation and then the attorney for the town they removed their legal representation. So this is as a courtesy identification. Yeah. Yeah.

Okay. So then um oh wait and then in the rider which is their rider they made changes. So it used to read ambulance agrees to provide CPR and other basic first a training to I'll say it how it reads now. Ambulance agrees to provide CPR and other basic first a training to town employees and appointed volunteers upon request to the town. Payment for such training shall be considered part of the payment set forth in the ambulance service agreement with the town. Training is at the availability of the instructors of ambulance and at the ambulances training center. So like the way I'm reading this is in our total yearly payment they're including that's fine the training I provide as instead of they're doing it for free if it um additional obligations reasonable standard in that expense adding

does it say reasonable expenses They're not asking for any additional money for it. No, I know. But if if it's being charged against the account or the contract payment, it should be if it's the reasonable cost of trading. Oh, I see. As opposed to someone charging us $166,000 for one hour trading against our contract, but for their benefit. Mhm. I mean, it doesn't materially change the money and I think we already stipulated somewhere that they can only use the money for

I guess they're providing the service at a fixed cost. So, it doesn't matter if they run over. Um, and then they added this agreement may be terminated by other party without cause upon 30 days of written notice. Oh, wait. Sorry, bump to that again. Town shall provide snow and ice services to ambulance at its property as soon as it may be practical for town to do so given all of the responsibilities and needs then prevailing. Provided, however, they added, provided, however, that ambulance shall be designated as a priority public safety facility for purposes of snow and ice removal, scheduling, and response.

Should we do that now? Yeah, I I don't to say they're a priority to me seems in conflict. It's in conflict with the highway superintendent would have to consult consent because we can't force them to do anything that would get in way of their duty to clear roads. Yeah, I think that just conflicts with the first part. I'm okay with saying provided however ambulance shall be designated a priority public safety facility for purposes of snow and ice removal scheduling and response after all town.

Can you can you just make that note in a red line that we can send back? Best efforts after best efforts before and then after all the other stuff is done. Right. And then the last one was town grants ambulance use of the town transfer station without charge. They add a town shall provide ambulance one transfer station permit. Ambulance agrees this permit is for agency use only. Personal residential use is subject to the permanent fee structure of the transfer station. So So does that mean they get the permit free or does that mean they get to dump whatever they want? They permit they added that but we already granted them. use with that church. Yeah.

Yeah. So, I don't I don't know why it's necessary to They're asking for a permit, which is fine. Have they had issues with employees denying them because they don't have a window sticker? Maybe. Here's what they have issues with is people coming and saying they're with the squad. Oh, yeah. And dumping garbage and then it turning out that it's not squad garbage, it's personal garbage. Okay. Our sign is not their sign issue. So, I think having a permit on one vehicle, like I don't know, but I think it could help. Yeah, agree. No, no, I agree. It should be on the vehicle that they used to bring in. So, we're good with that. And is it the garbage that's just from KFAS? That's what they're saying. Yeah.

So, it shouldn't be anything really. So, waste for an ambulance. And I'm a little late to the game on this. Maybe we can talk about this for next year, but I have to say the piggybacking on the town heating and maintenance. I would like this to go away. We are billing them. We receive their bill and then we bill. It is so much work. Wait, proof. We We give them fuel and then they pay us. Like they're on our fuel contracts. They I'm It's the heating stuff that I'm like, why are we doing this? I don't think it is any benefit to anyone other than getial contract.

We don't get a preferential contract. I feel like whatever benefit we get, they would get because we're a municipality and they're an emergency services agency. It's the volume we go through. I have to look. I don't think that we're getting any special price for our heat. I don't know. Maybe we're talking maybe creating an I think the diesel or the trucks I'm fine with. We have a that I don't have a problem with. But it's we're like billing them. We're getting their bill. We pay it and then they pay us for oil. It's their bill. It's to them deducted from their payments. We get a preferential rate. Is it heating oil?

Heating oil and propane. They have both. Do we get a preferential rate under a communal buying? I don't we don't have any contracts. I have to see if our rate is at any discount, but we don't have a contract with I mean they might get a rate feder rate at the fuel co-op if they wanted to. Yeah. Are we legally allowed to even pay it? It's like on the town account, but it literally that them and it's confusing. Yeah. because they keep mixing up. They think that's our main location. They're like on Route 209. And I'm like, "No, that's not even us." Well, let's I mean, let's look at

Sorry. I had like six service calls and every single time they were like the location on 209. And I was like, "No, no, yeah, exactly. Put that on there." Um, yeah. So, let's follow up with it. I mean, we're not going to change it. Okay. I think maybe we should talk to the FA. I just feel like if it's not saving any money, why are we doing this and we're getting out of the heat and they're tax exempt anyway. So, all right. But tax exempt doesn't necessarily mean that they get a better price, right? And there's no tax on fuel oil, right? But we don't know that we do either. I mean, our price isn't even consistent, though. It bounces all over the place. It's not like we have a fixed We might have a fixed mortgage against an index, though, right?

I'll look into that. So, if Go ahead. If it's a significant savings, I would. But I just I don't know. It's just a lot of work. Yeah. And we're only doing it for one squat. Yeah. We build it to their taxing district. I mean, we are billing it. Yes, we can and we should be, but but it's not fair because we're not they're not district is not

they're paying for it though. So it would at the end of the year the budget versus actual would show zero. It would show a same amount of revenue, same amount. So it wouldn't be tax. It would just be in the budget. So well is it not a fund their tax fund just like any the general fund or highway fund? It is. So they could have a fund balance or at the end of the year if they don't use all the gas that we budget for them. If wouldn't that be easier on the round than sagging the other one? No, I just spending a lot of time. We just like to remove it, but I'll look into it. That's fine. I

I'll look into seeing not in this. We're not going to do it, but I think we should see how they feel, especially if it's not if they can get a similar rate. Yeah. So, the one sticking point we seem to have is the waiver to try by jury. Okay. I mean, it's in their best hopes, too, because if we get sued, we're going to sue them. And if they get sued, they're going to sue or they're going to they're going to subregate against us. And we're just paying lawyers to go to court and risk the the some unreasonable jury award, which can happen either way. Which could happen either way, right?

Do we not indemnification clause that we spent months on getting? No, no, they're still they're still indemnification. They're still indemnification, but you're still going to have to go to court to Right. And and the question, you know, really becomes who's going to be on the jury and you you've got two things here. You've got like, wow, you're taking away uncertain. This is the ambulance district. They're we're gonna you may have jurors who say we're just going to go find in their direction because they're doing good things. Yeah, I think jury trials are one of our bedrock democratic rights and I'm uncomfortable further.

Right. Well, that's they're they're a right with a a criminal. A judge paid off and have a biased opinion just as easily as a juror. I can't say I see that happening. We're talking about still criminal. And I think yeah, this is right is definitely criminal. They can't weave that, right? No problem. But this this would be similar commercial for a commercial tourist claim. It's it's there's no reason that they should have it. There's still the argument that the public should have the controller to undo my decision. I mean I my case

I don't think this request that they've put in should be a deal breaker. I always prefer to have a judge because a judge is just applying the facts to the law and and juries, they're just, you know, they're regular people and and sometimes they may look further than they should be. Not not always. You also get people who are great. Um, so I I prefer that, but you know, do you want that to be the the provision that leaves us looking for another ambulance contract to take it out of um

other contractors? Yes. But perspective and optics wise, this makes us look like jerks. Mary Lou, can I find out who's representing them and put you in touch with them? Sure. Okay. I just figure if the two attorneys talk it out, maybe you guys can come to an agreement. Yep. Because it saves both subways resolution and it actually if I were a plaintiff and I looked at this and I were it would prevent me if I were a lawyer for a plaintiff it would prevent me from bringing on a frivolous suit

having a judge char having a waiver of having a wary of trial. Because for a frivolous suit, I'm not going to rely on the law. It'll rely on the jury's emotions, right? But if it's a frivolous suit, it would probably be dismissed before it ever got to trial. We hope. We'd hope. You never know. Okay. So yeah, Mary Lou, if you want to look at those red lines and then see what changes you want to make in the and then we can talk tomorrow this relative room that I

No, we got only if you do the whole room does the whole room. He's got a little vacuum. See you. See you later. Okay. Um, moving along resolutions. Okay. Um,

I'll make a motion that the town board accepts abstract 2B of 2026 and abstract 14B of 2025 and approves the payments in the following amounts. So 2B of 2026 general fund was $60,98349 of expenditures. Highway fund $55,256. Escrow was $1,362.50. Abstract 14B of 2025. General fund $8,77242. Street lighting $14965. Escrow $3,664.40. $664.40.

Sorry, who seconded?

Uh, any discussion? All in favor? I opposed. Abstain. Motion carries. The next item up for the um up for the agenda is the bond resolutions. So, I shared those with the board. um in SharePoint and they were prepared by bond council. Uh these are all subject to permissive referendum. So they prepared the resolutions and the notices for us there. I finally got a chance to read them and I found two issues. So two of the resolutions need to be amended from what I presented to the board. um they just got the verbiage wrong on what the use is. But it's really important that like all of these they're separate resolutions because um they have to go by what is being purchased. So it's important that it is clear. Um, so the bond resolution for $37,000

ban, not bond. It's a bond resolution. So bond means it ages past five years, but you have to take out a ban first, renew it for five years, and then But they make you do it that way. Yeah. Um, so the third automatically turns into a bond after five years. Huh? Does that mean it automatically turns into a bond after 5 years? Yes. Yeah. So we don't have to re authorize authorize this after that point. Right. That's actually why we have to do it. Okay.

Is my my understanding from what they said. So have the new versions. So the one in the amount of and I made a single document for you if you want. Okay. Um the one for the total of 37,000 should read um a resolution authorizing subject to permissive referendum the issuance of $37,000 bonds of the town of Rochester Olter County, New York to pay the cost of the improvements to Whitfield Road in and for said town.

Second. I'm reading you the amendments. Okay. Okay. And then we will approve we'll do the resolution as presented and amend it.

And so that one in section two reads, it is hereby determined that the plan of financing of said specific object or purpose is the by the issuance of $37,000 bonds of said town hereby authorized to be issued. Therefore, pursuant blah blah blah. Um then the only other mention of that that's the only mention of it. So it's the only change. Then the second one is for the there was one in the amount of $60,000. That should be um this one needed more changes. So, it said something about $60,000 and it says something about the town putting $40,000 towards the purchase. Again, that was just a a misunderstanding of my spreadsheet. So that bond resolution will read a resolution authorizing subject to permissive referendum the issuance of $200,000 bonds of the town of Rochester, Olster County, New York to pay the cost of the purchase of a highway of highway equipment in and for said town.

Sorry. So not the $60,000 that one I had two lines for the truck. one for 120 and one for 80 and I don't know what they did and how much 200,000. So this is the highway equipment. This is the highway equipment and this was in my spreadsheet. It was in our budget. It's just they somehow I don't know what happened. But the 60,000 one was correct. No, this is this what I'm saying is there's not anything that cost $60,000. We are authorizing up to $200,000 purchase of highway equipment. So 80 turns to 200. Mhm.

And it's to pay the cost, not the partial cost. So then in section two, so in section one, it's a maximum cost of $200,000. And in section two, it is hereby determined that the plan of financing of said specific object or purpose is by the issuance of $200,000 bonds of said town hereby authorized to be issued therefore pursuant to the provisions of local finance law. So what I'd like to do is make the resolution or the that the um so I guess I I should make every single resolution. Yes.

Okay. So, I'll make the motions as presented and when I get to those two, I'll say as presented and amended by bond council on February 26, 2026. U, but I read you guys all the amendments. Okay. So, there were there were were there two or three? There's six. There's two two that are amended.

That are amended. So, but we're just going to make them as presented. And I Okay. Okay. And they all have to be passed by 2/3 majority votes. If we don't have that, then just um I'll make a motion that the Town of Rochester Town Board pass the bond resolution for the issuance of the beam in the amount of $60,000 as presented. Second.

Any discussion? All in favor? I opposed. Abstain. Motion carries. Aaron, I'm sorry. I think that has Excuse me. I think that that the bands have to be a roll call vote. Do they? Okay. I think so. All right. I'm not positive, but it's not going to hurt. All right. Councilman Alpha. Hi. Council Coleman. Hi. Councilman Smees. Hi. Councilman W. Hi. Supervisor Nan. Hi. We want these. Do you want to take notes on these? Good.

No, I'm good. So, I'll make a motion that the Town of Rochester Town Board adopts the bond resolution uh for the issuance of $37,000 of bonds or Sorry. Where is my gauge? Sorry, I just There it goes. Or the uh cost of improvements to Whitfield Road as presented and amended by bond council February 26, 2026. Second.

Any discussion? Roll call vote. Um, Councilman Alba. Hi. Councilman Coleman. Hi. Councilman Spec. Hi. Councilman W. Hi. Supervisor. I. I'll make a motion that the town of Rochester Town Board adopts the bond resolution for the issuance of 2,542,497 of bonds to the town of Rochester to pay the cost of the construction of Boyce Mill Bridge in a set board town. Second

in um as presented. Okay. Any discussion? Roll call vote. Counciloman Alvo. Hi. Councilman Pullman. Hi. Councilman Smees. Hi. Councilman W. I. Supervisor now.

I. Um, I'll make a motion that the Town of Rochester Town Board adopts the bond resolution in the amount of for the maximum estimated cost of 161,535 for the replacement of project 32 bridge as presented by Any discussion? Roll call vote. Counciloman Albo. I. Councilman Coleman. Hi. Counciloman Smeet. Hi. Councilman W. Hi. Supervisor N. Hi.

I'll make a motion that the town of Rochester Town Board adopts the bond resolution for the replacement of Sundown Culver in the amount of $375,000 as presented. Second. Any discussion? Roll call. Councilman Alba. Hi. Councilman Coleman. Hi. Counciloman Shis. Hi. Councilman W. Hi. Supervisor.

I. Um. I'll make a motion that the town of Rochester Town Board adopts the resol the bond resolution in the amount of $200,000 for the purchase of highway equipment as presented and amended by bond council on February 26, 2026. Second. Any discussion? Roll call. Counciloman Aldo. Hi. Councilman Coleman. Hi. Councilwoman Zenis. Hi. Councilman W. Hi. surprise or no? Okay, I will get you. I have a

Okay, document that we're all together easier for and they have all the headers and everything plus it has the add the language that I'll probably need for the for the notices. Yep. Does the town board have to authorize me to put this in the paper? I make a motion. I I think it's in the resolution in the resolution. Yeah, it's it says uh that you'll post a notice. It's subject to permissive referendo. Yeah, right. I think it's covered.

Relief. Relief. far. Um, so I'll make a motion that the uh town of Rochester town board enters into agreement with Barton and Loquuitus Lojudis Lo I'm sorry

for consultant services relating to the bridge design services for the superructure replacement of the project 32 bridge which is a locally administered federal aid project under the bridge New York grant program and authorizes the town supervisor to sign and execute the project 32 consultant agreement which includes append appendix B scope of services document and appendex C salary and wage schedule um any discussion I would just like to thank the supervisor and her employees office for handling the coordination and administration of all of these highway projects You're welcome.

All in favor? I opposed abstain. Motion carries. So we are tableabling everything except for my event committee. So I go ahead. I also just realized because I totally did not Did you get my email on Monday about an agenda item? Yeah, we have to get quotes for that material cuz it's $15,000. I have to do an RFP for the materials. Okay, that's why I was Ah, okay. That Yep.

I had to do an RFP for the m I think he said April, right? Or end of March. I can't end of March. They were good. They were looking for the beginning of March, but after the No, they have. So, I have to do a written request for materials. If I already have three quotes of the same material from the original quotes, they weren't split. I have to do issue a written RFP for just that. I understand.

Yeah. Do you see what I'm saying? Yes. Um, so I got outreach from Peter Nelson about forming a committee for the Memorial Day parade. We already have a little committee, but it's the committee that gets together two weeks before the parade and throws it together. And we've been talking about how we can make the Memorial Day parade like a more um so we want to have a band. We want to extend the parade route. And so he asked if we could form a committee, a Memorial Day com parade committee, but it comes up every year that we want like a little group of people that can uh help coordinate some of these events that are not the ones that the recck department is doing. So I'm not talking about like the lunchons and stuff. So I wrote this resolution. Mary Lou said I kind of were to like I was going what I'm recommending after getting consent is that the three members that I know that have consented would be myself, rec Director Ashley Sweeney, and town clerk Kate Gunberg. And I put in that we get to pick who the members are. Mary said I can't do that. So what we would do is we would we could if we could make this mini the committee with the three of us on it now then we will pull together a committee but that way the the three of us plus the fire district can get started um on like that and then we can appoint more members at our next meeting. So, the fire department's represented.

Um, I have to ask Peter if he wants to actually be on the committee or not, but he's representing the fire department in the planning. So, I didn't get a chance to talk to him. Yeah. Okay. Okay. So, does that sound okay to everyone?

Yep. So, I would like to make the a motion that the town board form an ad hoc event committee as presented on the agenda with the which would consist of the following members. Town Clerk Kate Gunberg, Recreation Director Ashley Sweeney, Town Supervisor Aaron Anowen with the amendment that the 325 members would be submitted, names would be submitted to the town board for approval. Any discussion? So, we're opening it up to the public.

Yeah. Yeah. But I think we'll pro what we'll do is we'll we're just kind of wanting to uh come with those recommendations to be clear these members members can be since there's no fixed term these members can be removed by resolution of the temp board. Uh so you want to make a motion to amend amend the agenda that's or the item on the table that the committee members shall not serve with a fixed term and may be removed by the town board by resolution second.

Any discussion on the amendment? Can I ask for just one additional amendment be added? Can uh well the or can we add it to the same one or do you want to vote on that? Same one. Vote on that one. I'm still writing. Okay. Um can I just like to be a liazison to the senior and youth recreation commission. I know that the rec department works closely with them but they do a lot of our event work for heritage day and planning and things around that too. So just have a leazison for them directly to the committees. I don't think they always love being grouped and not getting their own seat. I was thinking we should have someone from the commission on it.

Yeah, that's what I'm thinking. Or Yeah, I was saying leison to make it easier in there so they could change whoever it is and it's not like So, are you saying include at least one member from the rec committee? Yes. Add one appointed member by the recreation the senior and youth recreation commission to serve on the events committee. Is that right? Because then they can pick the person. You got open. I think Well, you're thinking more because you were saying with Heritage Day, especially um but I I didn't know if that was going to start intertwining too much with like what Aaron was saying like this is not about the rec commissions events.

Yes. What I pictur 911 if it's like our town, right? It's the ones that I'm in charge of, right, that I don't do a good job of. Well, I will I think leaison would maybe be more appropriate than member because then they can report back to the committee if they can help us, you know, still advertise and network the events and still be able to give input if they had a less on there but not a voting. Um, yeah. How about if we say that the committee shall uh leaz with the perfect reverse but also put the fire department.

Okay. There as liaison a members not fire department lies with fire department and w uh senior year district rec. Oh fire district. So we have one, two, three, four, five amendments. Second. Who made the motion? I made the motion to amend. So we're we're voting on the motion to amend.

So who's going to who's going to second the amendment? Okay, we'll vote on the amendments and I have to redo the initial motion. So, we just Why don't you withdraw the motion and I'll motion? Sure. Are let's I'll withdraw my I I withdraw my amendment.

My initial Okay. I move that the town of Rochester form an ad hoc committee uh event committee uh to address townwide events uh with the initial membership to to include supervisor now Ashley Sweeney um and town clerk Gunberg with uh a liaison and such committee shall leas with the fire department fire district and with the senior citizens youth and recreational commission.

Um and any future any additional numbers shall be approved by the town board. Second. Um you wanted to rem remove them and the uh and such members shall be um shall serve without term and shall be um subject term subject to removal by the town. a resolution of the temple. Resolution of the temple. Second. Any discussion? So, it's not gonna be attached to what was on the agenda. It will be that. Okay. Uh, all in favor? I opposed. Abstain. Motion carries. Oh, I forgot to do my budget modifications. Sorry.

Ask.

All right. I'm gonna tell you guys these verbally. They're written on sticky notes. I apologize. I don't have time today. Um, so we need to move more money into the sand and salt budget. So, I'll make a motion that the town of Rochester Town Board authorizes the town supervisor in their capacity as budget officers to make the following amendment to the 2026 uh highway fund budget to deduct $20,000 from the machinery budget. line 5130.4 uh and move that to budget line 5142.4 sand and salt. That will uh take the overall machinery budget from $31,500 to Oh, oops.

281500. Yeah. 280. Any discussion? Um, and we as uh highway superintendent Fry said that they were going to cut anything from their proposed machinery purchases to offset that at all or No, I told them I was taking it from that budget code. Okay. They haven't like said anything that they would like. Like in the past they've been like, "Okay, we won't do like this piece." Well, here's where it's coming from in the detail. So, this is we're doing budget mods to a more general level in the accounting for the highway department and for me, we're taking it out of parts.

Gotcha. Yeah. Which is has a $100,000 in it. So, they just have to not buy as many parts. I was thinking of the machinery line that we used to use. Thank you. I forget that we do that now. Yeah. Also, thank you for that. Um, okay. All in favor?

I opposed abstain. Motion carries. So, we have uh there is money in that sand and salt, but we need to order more and the new vendor we have has a minimum and then we need I wanted to make sure I had because everything is always tight. I want to make sure there's something in there for sand because we're going to have to get sand ahead of the next ahead of the fall. So, that's where we're at. Um, for the general fund budget, I'm going to be moving some This is to fund the positions that we're going to be doing. Um, so out of I'm going to make a motion that the town of Rochester Town Board authorizes the town supervisor in her capacity as budget officer to make the following budget modifications to the 2026 general fund budget. Um, to move $5,000 out of budget code 1990.4 for contingency and move that to 1620.1 which is buildings uh personnel services. Sorry. and

to move $6,500 from contingency to budget code 1355.1 which is the assessor personnel services. Any discussion for the deputies assisting? Um that is will leave $9,000 in contingency and it's only February. Yeah. Happy new year. Okay. All in favor?

I opposed abstain. Motion carries. Okay. So the next Sorry for being out of order. Um for the wage schedule. So, um, what I'm proposing my computer guide the Does anyone have the wage schedule? I the tier uh there I just don't have one of the tiers numbers in my head. I think it's five or six for the accessory for the deputy assessor

the zoning board. It was going to be in that one. Yeah, that's fine. I have it also. I have my SH I'll pull it up. That's my Okay. So, I the assistant building inspector will is going to remain in the same tier as we're going to fund it at the same once. Okay. Can I ask where you determine where you put these tiers of positions?

Um, yes. They have to do with the like level of skill certifications like compared to the other positions and what's in civil service title. It just seems like there's huge discrepancies some of the wage schedule and it's very hard to figure out what position belongs in what category to me. I was just curious where you decide on these. Yeah, our initial our initial schedule was put together like we used Michael Richardson. He did a review, we did a comparative

and then we've been trying to match like when we add new positions, we've been trying to match the qualifications in the tiers Yeah. up with each other. Okay. So that's what we've been trying to do. Okay. Are there specifics that you found that we

I do feel like there are positions that are non- civil service that are not falling I feel like in the same pay wage that some that are civil service and I know those are salaries that are suggested by civil service but even some of the job responsibilities I find to be much different than people that aren't civil service. So that's why I was curious as to where the board decides what they Do you want to write something up for us to look at? Oh, yeah. Oh, yeah, sure.

Just I don't know. I just find it very There's just certain positions that I feel like should being completely different and I'm just curious. Yeah, we have we everyone that is assigned to an elected official we put in tier four, but none of those people have descriptions, right? Civil service descriptions, right? And I find them to be very important positions. And there's a huge wage discrepancy between that and then the next year, right? I would be my question. I have the same problem. I know. So, I would be happy for us to take a look at that. Yeah,

cuz I'm having the same problem because I do feel like there's people that are in tier five that should be further. And then I also don't understand some of you have in tier five like in tier six. Yes. Right. Yes. And then moving some up to that tier. That kind of surprises you too. The You mean the end of that list of six? That position? Um, are is tier six the one that has like Ashley in it? Courtney, personal opinion, I don't feel like Ashley should be in that category. Myself,

I think she should be on a higher category, but I'm looking at like, okay, some of them have like supervisory skill. Okay, makes sense why they might be in a little bit higher of a level. But then also all those elected official like the deputies that I have and I know like that Aaron has there's a whole another amount of responsibility that goes into those jobs and there's a huge wage discrepancy. Yeah. So that's my concern if we're going to keep putting more employees in higher tiers and we're not addressing the issue. So supposed to seem gender to you, huh? Soul place has been gendering me. Let's not talk about highway now.

But me and Aaron got very yelled at for accusing someone of that and we didn't even accuse them. Um yeah, like I see like just like instant eyes go to like our planning board and CBA secretary is a two. Mhm. It's a tough job. And the amount of like deep knowledge that Chris needs of our zoning code and like the procedures of both wards and steps, you know what I mean? like that. Yeah, that one's like the first one that like my eye went to. But yeah, I think that I think that this was like our our first step and we kind of have just been like adding to it and never went back to correct like our original criticisms when we first got presented with this

is without addressing it and just keep moving forward. There's people that are moving up very high on the scale compared to other people considering the responsibility. And I know no one likes longevity here. Pisses me off. I think the longevity doesn't really seem to My first deputy has been here for 25 years and is making significantly less than people that haven't even been here four years. And the responsibility just

the responsibility to the job is incredible. So, I'm just kind of curious before we keep adding more people to different tiers. Like, I really think the board should really look at the tiers as to what should be in these departments because I don't I just I find discrepancies and that group. Yeah, I agree. And even in like Aeron's office, the amount of responsibility Stephanie has and it's they're now the lower paid positions if you're looking at the team

and they're the ones that are supposed to handle the offices, especially if I'm not there, if Aaron's not there. They get all the phone calls. They have to do the leg work. I will also say I would like to get Kate's uh fourth clerk or no third. Who's here? What? Brandon. Three. Yeah, Brandon's three. Yeah. Yeah. Oh, yeah. Top, right? They don't get Okay. Um I would like to see him get an actual workspace. Every time I'm here and I go in that closet, I find it offensive that he's smooshed in a corner besides a printer. They did offer him more space in um Jerry's office when he first started here because we agreed shoving him in a corner. Yeah, we were trying.

He actually kind of likes it corner time since he likes it being in the same space. He's got the machine here, the computer's here, so it's very convenient for him cuz 100% if he came to me and felt the same way, I agree with you. But that's actually not the feel I get. Is that just like a storage room or is it like specific for one department where the printer? They all use it. Yeah, it's it's not it's like kind of just universal like Yeah. supply room kind of for everyone. Okay. Yeah.

Interesting. Okay. I have some creative ideas I will bring to you guys to try to make that space alert um punctuate to maybe give a little less Harry Potter under the stairs vibe. Yeah. Well, what I would do, so we I just realized the deputy assessor position is already on the wage schedule.

So, that's not an amendment. The uh the assistant building inspector is a new position and I wanted to put it in the same in seven. So, it would be in the same as the municipal code. aid position. Um, and then the maintenance worker one is a is under the highway department, but we haven't set a wage for that. Um, and I spoke with HR and we were in touch with the union because I can't do anything without the union and they would like to put that as at the same tier as NEO. um which is in the collective bargaining agreement. Um so those are the two edit additions I wanted to make to the wage schedule.

Is that a motion? Sure. I'll make a motion to add assistant building inspector to tier three of the wage schedule and maintenance worker one uh to the same tier as MEO in highway subject to approval by the union. Second.

Any discussions? I'm totally fine with all of these changes and things. I just do find it highly offensive that our union put that wage scale higher than the person position who's been doing that. So, I just would like to say that publicly for the record and I do believe that that employee who is our laborer should get some form of compensation even though we don't control that. and we can vote now unless anyone else says something.

Do you think that putting it at MEO I mean I was with the I reviewed it with um it's like uh HMO is like uh what's it called? What's the name of what is HMO? heavy machine. So, it's like not doing that type of work, but they are but they're are operating a vehicle and they don't have a CDL,

right? They don't have a CDL and that's one of the distinctions between those tiers. So, we were assuming that that is where the union would want to put that position. Um, so that's why we put it there because we thought if we put it at the other one that they would say no, but Okay. Yes, I see. Okay. I thought the union was telling us to put it there and I was just like that's crazy. Like that's so offensive to me to the MEO one. Yes. When our laborer has been the one doing that and not getting we're promoting him to that position. Yes. I know. No, I know. afterwards. But I'm saying that the union would tell us when someone's been doing that work and they haven't advocated for us to pay that worker more

and then Well, I'm doing that new one. Yeah, I know that's you. Yeah, exactly. I know you're doing that. Um Okay. No, I fully approve it. I think it should be higher than the MEO is my issue. If someone's being our maintenance manager, they need to be skilled in more than just working on a car or driving a heavy piece of equipment. They need to know he eating. They need to know HVAC. they need to know, plumbing, electric, other things. I'm fine with it there for now, but I think we should explore going further next budget season.

Yeah. Um, and we can we can prioritize. We did want to come up with a longevity uh pay scale. We were talking about redoing the pay scale this year where we would have longevity and it it would be integrated with um perfor performance-based

markers so that every we would have a people would be getting paid basically. So, um, that was one of the priorities that we sent this. Um, but this, so I don't know if you guys notice I did have maintenance worker one and the deputy assessor already in here. I kind of forgot that. Um, and also our the highway secretary, not the highway, the um, planning and zoning board secretary. We actually did fund at the next tier. So at three when we went to 40.

Yeah. Whether we want that to be more, but it's it's it's a it's the clerk. It's clerk one or clerk clerk two. Clerk one. Anyway, I'm sorry. I think I put in the wrong draft. I'm looking. That's why I I understand that now. That's where I was getting confused on things because I was like, we really we play our we play pay the planning board secretary 20,000 less for the same hours that the court clerks work for the amount of output that department does. Yeah. No, we don't. Okay. That's where I was getting like in comparison. I was like, "Oh, no."

All right. All in favor? I opposed abstain. Motion carries. So, the next item, Mary Lou told me to just have the highway department release that. Um, and it's time for our executive session, you guys.

Huh? Oh, I'm sorry. That's your computer. I'm sorry. All right. I'll make a motion that the Town of Rochester Town Board enters into executive session at 9:52 p.m. for the purpose of discussing matters that lead to the appointment of particular persons and matters regarding litigation which is the uh litigation of the town versus uh Brock Martin. Uh the aers cases storm farms and

and daddy a shalom mog. Okay. Uh town versus ridge view and town versus Oh, go ahead. It's not Town versus Well, I guess it's Ridge View Realy. Ridge View Realy. if you're realy and then um town versus Brock second. Yeah. And that's planning board versus the planning board. That one is not that one's the settlement one. The first Okay. Right. Okay. You did three. You mentioned it twice. Second. Any discussion? All in favor? I opposed. Abstain. Motion. Huh? Yes. I'm taking