Town Board - Regular Meeting

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Yes. Okay, everyone. Um, we are now streaming. So, I'd like to call the town of Rochester Town Board May business meeting to order. If you could all stand for the pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, indivisible, with liberty and justice for all. Kate, can you do the roll call? Councilwoman Alba present. Councilman Coleman here. Councilman Asen. Councilman W present.

Supervisor now.

I'm here. Um so the first item on our agenda is the acceptance of the agenda. Um lucky for the board I have a lot of edits which are shortening the agenda with some wishful thinking. Um, so I'd like to make a motion that the town board accepts the agenda as prepared by the town supervisor with the following amendments. We are going to table um resolutions M P S T and for um resolution U we will have a discussion regarding the appointment of particular persons in executive session and we may or may not do that after executive session. Are any other amendments? Um, do I have a second?

Second. Any discussion? All in favor? I

opposed. Abstain. Motion carries. Um, our first item on the agenda is the continuation of the public hearing of local law E of 2026. This is a local law that is imposing a moratorum on battery battery energy storage systems. We initially opened this hearing um in March I believe um and closed it. The board discussed some changes. We made changes and are considering adopting version 2.1 which is what is available online and was circulated to the board um at least 8 days in advance of tonight's meeting. So the changes that we put into that version apply the moratorum only to commercial scale battery energy storage systems. So it included a more detailed definition and outlined which of those systems was being affected by the moratorum which are types three and four. So I just wanted to explain that that is what we are considering adopting tonight. So with that I will open the public hearing on local law E of 2026 a local law to impose a temporary moratorium on battery energy storage system facilities. Is there anyone present who would like to speak on this local law?

Do we have anyone who has joined us on Zoom that would like to speak on local law e of 2026? So, uh, for the board, if you, our options are to hold the public hearing open, um, or to close the public hearing. Um, if we hold the public hearing open, then we won't be voting on the local law tonight. If we choose to close the public hearing then if the board so chooses we can adopt the local law tonight.

I move close public hearing second. Any discussion? All in favor? I opposed abstain. Motion carries.

Okay. So moving on. Um I we may have already um I think we did this but I just wanted to make sure that we did the seeker determination of um local law e. So um basically we can do this by resolution but this is considered a type two action which means no further review is necessary. So, I'll make a motion that the town of Rochester Town Board declares local law E of 2026 type 2 under seeker and therefore no further action is required.

Second. Any discussion? All in favor? I opposed abstain. Motion carries. Oh, oh, usually Oh, yeah. Sorry. Okay. Um, so we had a motion, a second. I'm sorry. We're supposed to do a roll call. So, roll call. Councilman Alba. Hi. Councilman Coleman. Hi. Councilman Spe is absent. Councilman W. Hi. Supervisor Nell.

Okay. So, our next item um is I wanted to um I did submit to the town board and the town clerk um the annual financial report for 2025. Um, so that's been submitted to the state comproller. Um, this is a basically the uh reporting of all of our finances for the fiscal year that is reviewed by a um certified um CPA reviewer upon submission and they sign off on on everything. So um it's a audited report. Um basically the um broad strokes are that we um did spend less in 2025 than we had planned. Um we also had more revenue than we had planned. So um we closed out the year. Um we had about $1.5 million of fund balance starting the year and we closed out the year with um 1.37 million. We are we have budgeted to use $300,000 of fund balance this year. So effectively we should consider um that we have about $1,71,000 in fund balance right now. Um so it's a little bit more when we were discussing our fund balance in um budget season in 2025 I had projected that we would be utilizing the full budgeted amount. Um so we we do have a little bit more than

what we had discussed. Um we have um appropriated and spent all of our ARPA funding. So that is um a a liability that is no longer part of the budget. Um and just trendwise, our expenditures do um are trending. The basically human resources expenditures are trending upwards and um you can really see that in looking at the there's three years of reports included in the annual financial report. So, it's really easy to see those patterns. Um, in highway fund, we did grow fund balance. We doubled it, which is great. Um, now it went from 94,000 to 196,000. So, it's not a huge, it's not what's considered a healthy fund balance, but it's nice that we have um that little bit of cushion. Um, and you know, while we don't ever want to plan to grow fund balance, it's inevitable that you never budget perfectly. So, it's always better to have slightly overbudgeted, which $100,000 is a slight uh that is a slight overbudgeting. Um, so it's always better to do that than to budget less, especially when our reserves in highway are as low as they are. Um the activity in the other funds is very straightforward. So that would be capital fund um which um is where we did the bathroom project. So you would see those expenditures. Um it there is a interfund loan that we did um in capital. So it'll look it looks a little

bit like we spent more than we took in but that is remedied this year when the grant funds were reimbursed to that fund. Um we also had a big shift in the way our assets are reported. So as I have prepped the board previously, it does look like our total asset value went down and that is due to the reporting methodology, not to any loss or or major loss of assets. Um so that I guess is about it. Um I'm happy to answer any questions about the financial report. um or um you know anything like that that the board has but that is this is a public document. it's been circulated to the board. And then also the link on the top of the agenda uh that has the materials goes to a public Google folder. Um and the annual financial report is included in the May 14th, 2026 business meeting documents. um the for the April financial report.

I have to say I know this is a huge amount of work and I appreciate all the time that you put in this and it's also a huge amount of work to manage a budget of this size and make sure that we're sticking to it. So to end the year ahead is great. So thank you for that in your role as budget management officer. Well the financial report is the chief fiscal officer's duty but I thank you Mr. Coleman. Um thank you for both. Um, what's any other questions from the board? Sorry, I did know uh Michael's comment.

Thank you. Um, the monthly reporting, so the monthly financial report. So, um, what I've started doing is submitting to the board, um, our budget versus actual for the year. So that'll show you the overall snapshot of the year. And I'm doing a monthly profit and loss statement so you see um exactly what is coming in and being expent and spent for the year. So that's not going to compare it to um that won't give you a comparison of the budget. So that's why I'm including both of those documents. Um so for general fund the April financial report um we took in um 80,717.34 of revenue and we expended a lot more than that. Um, we expended $259,25461. And for highway fund, we took in $2,4.92 and expended $146,819.12. Um, so this is the time of year where the highway expenditures are going to go up because it's paving season. So we'll start to see that in the expenditures.

Um, the financial reports are also available to the public in that um, the folder that I was referencing that's at the top of the agenda. Um, so for the supervisor's report, I did not formally write a report, but I do like to review correspondence with you. Um, so I did get um copied on the correspondence from Camp Rav, which um lets us know every year when the camp is opening. So, that's going to be at the end of the month. Um, and they copy me on the correspondences they send to the bus service companies alerting them to the laws about parking and standing uh vehicles on Upper Cherrytown Road. Um, we did receive a um I think we should actually add this to the donations. We did receive a generous donation from Wayward Ranch in Kirh Hongen of 650 feet of chain length fencing for the use of for the purpose of improving the yard area at the dog kennel. Um so I think we should accept that. Um but also just wanted to alert the board. Um I'll be working with Jill on that the fence outline. um and make sure that it doesn't um impede anything. But there's a lot of room in that area that I think could be fenced in. We just need to make sure like a mower can get in there.

So, we're expanding like dog room. Yeah.

Um and then in the correspondence folder for the board, um I put in correspondences by the month. So, oh, glitch. Sorry. Open that up. So, we received our um so we receive two times a year the distribution of mortgage checks receipts from the county. Um so I um that will be $150,38763 coming um the this res the legislature will this is on their agenda for May 19th. So after they adopt that then they um cut the checks for that. So that period is October 1st 2025 through March 31st 2026. Um, and it's in line with what we budgeted so far. Um, this has passed now, but I did uh notify the board via email and including correspondence that the IDA held a public hearing on May 12th regarding some changes, proposed changes to um the way they are have criteria for um housing and renewable energy projects. Um I did not follow that. I don't know if anyone followed that at all. Okay. I haven't looked at it, but um I'll look into that. And then we

received as a um as a uh agency the um ulcer or the town of Rochester planning board's correspondence uh regarding the conditional negative declaration for the Verizon Wireless um project that's before the planning board. So that is included with the board. Um that is about all the important correspondents that I received. Um and then I have some department updates, but I'll turn it over to um Kate for the town clerk tax collector report. Uh for tax collection, uh final unpaid notices went out May 1st and we collect in office until June 1st. To date, 8,54,271 have been collected with the remaining balance of $1.4 million um to be collected for town clerk. In the month of April, $65,1360 was collected. I received resignations from Justin Juna for the transfer station attendant laborer and Mark Roso board of assessment review. Um our office has had a significant increase in the last six weeks in foils. I've received 119 foil requests since the end of March. So that has been uh quite time consuming. Um, another thing I would just like to recognize, uh, two gentlemen in our community that I tend to walk past the Whitfield Cemetery on a daily basis. And there's two teenagers, Brody and Ashton Wine Coupoop, that

dedicate their time to clean that and use their gas to take care of the Whitfield Cemetery. And I think that's pretty honorable, and I just want to recognize that. And I'm sure there's many other that volunteer, and I'd love to recognize them as well. But I think it's pretty amazing to see an 18 and 19 year old boy doing that. So, thank you Ashton and Brody Wine Coupoop on that. And I have nothing else to report.

Okay. Um, so on the highway report, I did not receive a highway report. We are adopting the 284 agreement tonight. So that's the main thing. And I know that they returned the sweeper on May 6th. So that's why the roads got clean in April. So very thankful to our highway department for the work they're doing in the spring cleaning up after that long winter. And um we are entering paving season. So stay tuned to the highway um Facebook page which tells you about road closures. So there'll be several um road closures. are usually only a couple days long when they're doing the the road paving. Um just some quick department reports um for the assessor's office has been very busy booked up with appointments. We are now the tenative role was filed on May 1st. Um and so now we are in more of the formal period that we've been talking about with um the assessment role. So, anyone that wishes to contest their assessment now must go through a formal process, which includes filling out the RP524 form and either um being seen before the board of assessment review for grievance day or entering into a stipulation agreement um with the assessor that then has to get reviewed and approved by the board of assessment review. So any changes to the role from this point on have to go through the board of assessment review even if it's a stipulation. We did

create a page on the town website that is specific to um the reval. Um, do you want to bring that up so we can show people do like a screen share? Um, on the uh department page for the assessor.

So if you go to that and then do you want to do a screen share? Well, you can navigate to it from there, but that's you should start there.

Thank you, Michael. Okay, so Michael just navigated to the town website under departments. He went to assessor's office. Um at the top of this page um it says the tenative roles now filed and then view the reassessment road mapap. So you can click on the blue hyperlink and this page goes through the key dates um and information from now until um going all the way through uh doing a small claims assessment review petition. So, it is May 14th, so we are in the middle of grievance filing, the grievance filing period. If you scroll down, there's um here's how you can view your assessment, the tenative role link with Olter County. Um there is a in-person copy available to inspect at the assessor's office. Um and everyone received their letters. Everyone that had an informal review should have received their letters from Gar Associates um the first week of May. Um then we have a section on how to contest your assessment that brings you through the legal process and we are using New York State guidance materials that are linked on this page. Um so there is a guide that the state puts out plus we have the forms and instructions and then um the the key dates for grievance day location and then what to do after grievance day. So after grievance day the board of assessment review makes their final determinations. That's what turns into the final role. The final role is the final policy decision of the assessment role. And after that, if uh a person is not happy

with the board of assessment review decision, that's when you have until July 31st to petition file your uh small claims assessment review petitions. Then at the bottom of the page, we have um additional um quick links and resources and of course the contact information for the assessor's office. So this page is specific to this year's rebal process. So I just wanted to share that with the public and the assessor's office is very busy with that process. Um similarly we have a few agenda items relating to the code enforcement office.

Yes, you can. I'm sorry. Thank you. Um the annual uh training occurred between our last meeting and now. So, our code enforcement officer attended that um and they've been quite busy definitely utilizing um we my clerk has been assisting in that office and I know they've definitely been utilizing um her for that and um we're now getting into the summer season so they're working to do proactive communications with our businesses that have site plan reviews. that generate noise that have um stipulations in their um approvals about time and sound. So that they want to be on top of that this year. Um and then I have the um recreation department report which I will read to you. This comes from our recreation director, Ashley Sweeney. The town of Rochester recreation department will be having their annual spring fling lunchon tomorrow at the community center from 11 to 1. We are no longer taking signups for the event. Um on and anyone that is signed up, we do ask that if this parking lot is full when you get here, if you please park in the municipal lot um so that we're not parking on our neighbors yards. Um, on Saturday, May 16th, the Recreation Department is collaborating with the Town of Rochester Environmental Conservation Commission to put on an Earth Day and May event at the Community Center. Learn how estuaries support healthy waterways and what restoration looks like in our region. Discover how community members can help protect these vital ecosystems. The event begins at 10:00 a.m. and has

several educational presenters lined up. Come on down and bring the whole family. Pizza will be served for lunch. Um, Walk for Wellness is back and will be kicking off Monday, May 18th. The flyer for this event can be found on the rec page of the town's website. Join us and keep your heart healthy. The Town of Rochester Memorial Day parade will be held on Monday, May 25th. Step off will be from the a um Town of Rochester Town Hall at 100 p.m. and follow the same route as previous years. After the parade, there will be a remembrance ceremony at the AFord Firehouse. So, we are doing one event together with the fire district this year. We will have one ceremony um at the firehouse. The last day of the town of Rochester after school program for the school year will be Friday, June 12th. The department will host a party for participants to celebrate another successful year of the program. Summer program is approaching quickly. The rec department is busy organizing and planning the exciting schedule. It will begin Monday, July 6th, and run for 6 weeks. Thank you to the highway department for their help picking up garbage bags for Earth Day this year. 78 bags were collected, 37 tires, and one couch. We appreciate all they do to help facilitate this event year after year. Also, thank you to the volunteers who cleaned up the individual roads. Keeping this town clean is so important. It only takes a little effort to make a big difference. We appreciate your support. And another thank you to Deborah Martin and all who helped put on this year's Town of Rochester's spring garden tour. It was a wonderful event. Even though the weather was a little bit rainy, it was still a great success and the gardens were absolutely beautiful. And that's all I have. Um Sally, do you have a court report?

Um still making improvements. Ordered some more um furnishings using the JCF. um grant and any progress. Yes, thank you for advising Stacy. We're at the final stretch. Yay. Of that. Okay. Um and then moving on to board and committee reports. Uh Kate, historic preservation commission.

Okay. Um June 13th is the farm inventory database uh day. that will be held here at from 10 to 12. And at that point, that is when the committee is going to put the results of the dairy and chicken farms in our area on the the board on the map. Um, their hamlet talk series for the year will focus on Whitfield. They are working on prioritizing the sign replacements for Hamlet signs. They believe Whitfield is in the um roughest shape and needs to be replaced at Medica Hon also needs some work done to it. The Memorial Day weekend of 20 uh Memorial Day weekend uh the 2025 Heritage Day preservation award will be issued to both bombaros. They were unable to attend Heritage Day last year to receive their reward. So they'll be receiving it this um end of this month. and they are working on the logistics for scheduling a revolutionary era house bus tour for July. And that is all I have.

Um Charlotte is absent. So, um, Alexis,

uh, for ECC already covered the Mayday celebration, their community center 10 a.m. there'll be, I think, live, uh, birds of prey, which should be pretty cool. Um, there were some questions about what how the town board was doing in terms of convening a community preservation committee. The county is asking for a representative if we do form a committee. um committees considering sites for additional pollinator gardens and upkeep for existing sites. Um and also let's see climate smart is awaiting review of bronze status and drafted a resolution for merging with BCC. I discussed u moving towards different meeting schedule expanding recruitment efforts. If anybody here is interested in the agricultural committee, please send a letter to supervisor in Allen's office um brainstorming context to contact stakeholders such as Hudson Valley Farmhub for more public engagement and education opportunities and that's all.

Okay. um planning board. So, April the April 27th meeting uh they approved a process for pre-application consultations. Uh that includes a way for applicants to cover costs associated with those meetings. So, um I think that's a good step for them to make sure that uh if they're if the town is um incurring any kind of uh cost or the applicants are incurring cost, there's a mechanism for them to have that arranged up front. Uh the chair is going to provide summaries of those meetings to the whole board to make sure that everybody's on the same page with that. They had a lot line improvement that they improved with conditions. Uh they scheduled their public hearing for Dun Farms subdivision which happened on May 5th. Um they approved another major subdivision with conditions. They had some discussion about a sound study related to a project that uh could potentially impact the neighboring uh properties of sound. And uh there was a positive declaration uh declared for another application on receiver. May 5th meeting, uh there was a public hearing on a proposed subdivision on Don Farm Road. Um there's a lot of discussion. A lot of people came out and had um things that they wanted to bring to the board's attention. I encourage uh members of this board to watch that uh because I think a lot of the issues that are raised are issues that we hear a lot related to zoning um housing pressure uh pressure on uh water water and uh septic and other things like that. So worth listening to that to to hear people's perspective. Uh there was also uh a lot of discussion around that project and some additional information uh that the board's requesting towards that application. Uh

and then the second major project which has been uh topic of discussion related to a proposal for electric bus charging stations in town. So a lot of work being done to ensure that that is done safely and that they have a a good plan approach to that. So, I think another good topic um to take a look at. They were relatively short meetings. They were only 3 hours long. So, you know, just watch those uh when you're on time. Um I've been meeting with the planning board. Actually, we're scheduled to meet tomorrow as well. Sorry, not planning board, but the chair and vice chair. So they are requesting guidance from us in terms of potentially prioritizing our town planner to make some recommen recommendations for updating code. Uh so their kind of order in which they're thinking of looking at things is uh first the conservation subdivision code uh which I I think is important. There's a lot of uh areas where I think it's they they're looking for additional clarity. So, they'd like Dave to look at that first to kind of provide them some guidance and provide us some guidance on where we could improve that. Uh, they also wanted to look at potentially having maximum building sizes for certain residential areas because we do have restrictions on building sizes uh in some cases for some types of structures, but it's not universal and it's not specific to particular zones in town. So, I think that's also worth looking at, but they'd like to explore recommendations for dealing with water issues and concerns in areas that may have low well yield, which is something that's come up in a number of applications recently before the planning board. And then also in section 12312 uh parts A, B and C, they're looking at clarifying language around prime soils, prime farmland, farmland up

importance because I think there are different terms used in different points in the code that would be helpful for the board to have clarified. So, I I don't know if there's a formal way this board wants to talk about doing that, but I I think it would be easy enough to just kind of say, "Yeah, that sounds like a good list to to start with." So, I don't know if we should do a resolution about that or Erin, if you just want to say they're they can have Dave start working on those things. Can we put it on?

Sure. Um, zoning board of appeals. So, new member Josh Roy first meeting. Yay. We still need an alternate the alternate position there. Uh there was a public hearing for the cell tower project that had to be uh didn't have to be what was tabled at the request of the applicant while they work through some other topics with the planning board. They granted an area variance for one application. uh the ambulance improvement district. I'm still trying to coordinate a time uh to schedule everyone both the committee and the new leadership at KFAST to sit down and do some introductions and have a conversation about that. So, um, just trying to get everyone scheduled together in terms of the free exchange. Uh, so we have theou, I put together a draft for theou for the clothing exchange building that's being proposed, uh, in the back of the community center here to take place at the pod that we currently have there. Erin, I did talk to Tina and she was just I guess the company that's providing the shed was just curious if we have a date when we're going to be able to take delivery of that. So, I don't know we've gotten that far, but we'll talk about it.

Okay. Separately. Do they need a permit? Yeah. Yeah, we're going to we're going to get the permit though, I think, right? Our says we're going to get permit. Yeah. Well, we could change this. Um, and one one thing that just came up in talking to free exchange, there's a question about some of the clothing drops that we have in transfer station. So, right now we have Goodwill boxes and we have Salvation Army.

No, I do. We have Salvation Army. I know there's a fire fighter. Is there also Salvation Army? Anyway, um the question was I know some of the the companies organizations that we donate to. They're either charitable organizations or uh they're providing the towns some kind of um donation for those clothes. So the question came up, you know, should we look at those and and what boxes we have there, you know, is there something that we should be getting compensation or should we vet the organizations to ensure that they're not, you know, profiting off of those donations if there's a better organization or a different organization that we would want to have there. So, I I don't know what kind of agreements we have with them to have those containers on our property, but they were asking me a question, so I said I would ask you.

Do you want me to answer or wait? You can answer or wait. I was had this conversation with staff today and they had requested that I reach out to St. Paul's textile and see if we can get a second St. ized textile shed that could go at the transfer station and then keep all the others, but then there's all those options. Okay. All right. So, that was it. Okay. Thanks. That's it. It Okay.

All right. So, thank you. Thanks everyone for all your work with your liaison ships. Um it is now public the public comment portion of our meeting. So this is the time of the meeting that we allow for the public to address the board directly. Um we do ask that you address remarks to the board um and not to each other in the form of a debate. Um we won't respond to questions as a back and forth during this period. You may ask questions but you won't get an answer um immediately. you can stick around for town board member time which is the next agenda item and if a board member so chooses they may address concerns or questions at that time. Um we also the participation via Zoom for this portion of the meeting is paused. So we are only taking Zoom participation for public hearings at this time. And um we do ask that you state your name uh if you'd like your name on the record and if you have prepared written comments um that you are reading from um we also ask that you follow up and submit those to the town clerk so she doesn't have to um type everything. So with that, is there anyone here who would like to address the board?

Yes. Uh, hi, my name is Julia Walsh. I want to take a minute to introduce myself to the board. As a land owner in town of Rochester for over 20 years and a resident homeowner for the past seven, I served as a local elected official in the town the village of New for four years, also including as a leazison to the planning board and zoning boards. I'm also the founder and executive director of a statewide environmental organization called Frack Action, which was one of those really big frack here in New York. Um, I'm here today to talk about the proposed rising cell tower on Granite Road with a group of neighbors who have been working to stop the project for the past year. Uh, a few people will be speaking tonight and others who are here to support. Uh, if you want to raise your hands just so people can see who's here on the planning board on this issue. Um uh so we're here tonight because we've really lost confidence in the planning board and we want to share with the town board our concerns that occurred after this project is moving forward without an environmental impact statement as part of the secret process. While we know the town board does not have authority over the planning board, uh we feel it is important that you know our concerns and that we are asking you to weigh in as a governmental body and as individual electeds to the planning board requesting a positive declaration under CRA for a full environmental impact statement. Uh while there are many reasons that the planning board as lead agency can determine this project needs a positive declaration, uh I want to speak to the one that the town board should be very concerned with and that is to our fuchsia that powers both our local economy and the community character that many of us live here to enjoy. Um I think we can all agree that we have a worldclass fuchsia. It is one

of the most valuable resources and defines our community and should be protected above all else. Over half a million tourists visit Minowaska a year, not just at Minowaska. And to be honest, when I heard about the cell tower last spring, uh I thought that this would be rejected on the grounds of the new shuttle. out of surprise when I appear to be moving forward and you know proposing to build a massive 14story cell tower that's visible from the Shawang scenic mountain scenic byway from your 209 and see overlooks 40 55 and from the Minwasa State Park visitor center seems pretty outrageous. Uh I've retained one of the leading secret lawyers in the state, John Brun, and have been advised that under SECRA, the aesthetic uh impacts alone toward you should demorrant a positive declaration. Yet instead of a positive declaration, the board seems to believe that by declaring a conditional negative declaration and lowering the height of the tower from 145 to 125, uh they have made a compromise that will lessen the damage to us. And this is simply not the case. First off, lowering the tower 20 ft will not significantly lessen the effects to our USA, nor will it stop the tower from being raised another 20 ft at a future date. Under the federal law called the Spectrum Act, section 6409, state and local governments are forbidden to deny requests from cell phone companies and cell phone tower corporations to modify wireless equipment, including the raising of the height of an existing cell tower to up to 20 ft once it's built. If the cell tower is built on Granite Road, there is nothing that will stop it from being raised 20 ft in the future. I raised this point at the last planning board meeting and one of the planning board

members after public comment asked the public uh the planning board lawyer if this was the case. Not only did the planning board lawyer agree but the Verizon said that the town will have no ability to deny raising it 20 ft. So the lowering the cell tower is a red herring and seems to be one of the grounds in which the conditional negative declaration is very much based on. Uh the bhed is one of the many issues and we'll be sending the planning board our comments and town board our comments along with the planning board for more detailed information as to the issues with the different parts of the uh recent uh application. But um we also have had over 100 250 people who have signed a petition requesting a positive declaration environmental impact statement. uh most of them from the town of Rochester. And again, we've come tonight to ask the town board to request a positive declaration both publicly and with their own capacity as members of the selected body. Thank you.

Is there anyone else who would like to address the board?

Uh hello, good evening. I'm not a public speaker. I have great difficulties talking in front of people right now. I'm starting to sweat to get to the first sentence, so bear with me. Um, I felt that I needed to come speak to you tonight because I didn't feel heard by the planning board. I keep getting you guys in the planning board mixed up. So, if my wordage is wrong, please again bear with me. Um, I know you are not all uh you are all not I know you all are not the decision makers, but you need to hear it all again. Again, my name is James and I live in an apartment building right next to the meadow where the proposed cell tower is planned for construction. Uh I worked in the telecommunication industry as a lineman for a decade. I want to speak tonight as someone who will be directly affected not in theory but in daily life. I myself am disabled. I was in a motorcycle accident and now have a paralyzed left arm. This accident happened 6 months after my 11-year-old son and only child, Benjamin, passed away from a seized disorder in February of 2024. I was bedridden for close to a year and have been working on regaining a full functioning and fulfilling life. The area that I live, specifically my apartment, has been the a cornerstone foundation block to my mental health and physical health recovery. Location being considered for this tower is right beside our home about 130 ft from my living room and bedroom wall where my recovery takes place. That's a short dis that's a shorter distance than the tower height. If anything were to go wrong, a structural failure from a high windstorm, which we know that we have a constant high winds through here, or any kind of collapse, that tower could fall directly into our homes. That is a real

physical safety risk to the residents here, not an abstract form. Beyond that, this field is not just empty land. It's part of our living environment. It's where dozens of children from our complex, two of which are here today. Play every single day. They ride your bikes on the dirt road back there, chase fireflies in the grass, climb trees, and spend time outside where it's still safe to be near nature. That space is one of the few free open areas left for them and for all of us to enjoy. The report stating that there will be no pollutants pollutions is simply false. Think about all the construction that will be needed to erect this. It's not just they come and they pop a tower in the middle of grass and that's it. The ground will be reformed for easy access for the absurd amount of construction and utility trucks that will be a constant presence during and after construction for the new fiber optic installations and constant maintenance. Surrounding trees that have been there for decades that make up a part of the viewshed will need to be removed to make way for the trucks hauling concrete imported stone cranes to lift the sections of tower. Utility trucks and crews to dig out the underground pipes that bring the power and endless service providers fiber optic wires to the inside of the tower. Line crews will be disrupting traffic and all neighboring properties for years after just to install the new fiber optic backbone that is not needed at all in this area. We have pizza. We have signal everywhere. Um then there's the maintenance that will need to be kept up with regularly. Again, line crews will be all over our quiet roads unnecessarily. These line crews are made up of multiple diesel trucks that stay running sitting in

place or slowly moving up the road outside people's homes. All of this will be put a lot of abuse on our already crumbling roads. We already have a deficit in our road. Uh I work on hundreds of I've worked on hundreds of cell towers all over this state and every single one has warning signs. Danger radio frequency radiation hazard. This sign warns of health hazards associated with exposure to radio frequency radiation which can cause severe burns from close to prolonged exposure. Why would any company put this sign up on their cell tower if there is no definitive evidence of harm from radio waves, which is one of the reasons why they don't allow us to bring up the radio waves during their court cases and stuff. Uh the board must consider those effects. It seems wrong that the absence of absolute proof is being used as permission to ignore possible risks, especially when those risks involve our health, our kids, and the land we live on. Other signs include danger, high voltage sign, um, which is just another danger to the children. no trespassing signs um alerts individuals that the area is private property and unauthorized access is prohibited after accompanied by penalties of violation. What was once a spot for the kids to play safely and develop their imagination in the woody grassy area is now up for discussion of becoming a concrete pad that can potentially make you sick. completed with a metal fence and wire that can cut you to protect corporate equity. On top of the concern of safety hazards now playing too close to the structure might get you in trouble with the law. God forbid a ball goes up above us. Video surveillance signs. Now we will be on

video surveillance. My bathroom window space right there again 130 ft from this cell tab. That's not acceptable. Um, I feel not all avenues and possibilities have been looked at either. For instance, Verizon could put the panels of this tower on the Granite Hotel stairway rooftop access towers just like at Sunni Newalt's JFT uh faculty tower. It's already an eyesore. It's already constructed. It's in the correct location. It's taller than the trees. It would be safe from vandalism and in interaction with wildlife with access controlled by the 247 staff and it disrupts zero families with zero impact to our beloved valley wildlife and its viewership. Please don't let the corporate convenience outweigh our community's safety and peace of mind. The place we call home deserves careful consideration and respect. Thank you. Let me excuse myself. Okay. Is

there anyone else here who'd like to address the board?

I'm not going to read the seat catalog. So, uh, my name is Philip Rose. I live on Stony Hill Road. It's either looking at the board or being able to see this. Uh this will be uh brief. I think uh that uh Julia covered a bit of this. Um, my focus was on the tower height and uh hopefully I've got all these facts correct. I'm pretty sure they are. Uh, but uh starting out uh it's important to note that the zoning ordinance uh limits cell towers to 50 ft above the nearest tree line. So that is a factor to keep in mind. Uh initially Verizon asked to build a tower that was 145 ft tall. Uh Julia mentioned the Spectrum Act that was passed in 2012 and um the FCC implementation for that act allows up to an additional 20 ft u and precludes any local government from being able to block that increase. So, it's it's pretty much a given if Verizon were to build that tower that they would actually have the ability to extend it uh by 20 ft. The wording in the FCC implementation was the mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10% or by the height

of one additional antenna array with separation from the nearest existing antenna not to exceed 20 ft whichever is greater. So basically the tower could be uh the height could be extended 20 ft. Um and uh it's there's an exception that the mounting of the proposed antenna may exceed the size limit set for us in this paragraph if necessary to avoid interference with existing antennas. So, it's it's a bit open-ended as far as what you know the extent of a tower can be. So, we're potentially we were talking about a tower potentially 165 ft tall which would be you think in terms of a 16 or 17 story building that quite uh large for this area. uh Verizon was looking for a variance uh and so they uh started um uh an application at the zoning board of appeals. Um, by their first estimate, the nearest tree line, uh, they said was 40 ft tall. And, uh, if they built a 145 ft cell, uh, tower, 140 foot, 5- foot cell tower, um, that would be more than double the height allowed by our zoning. So in other words, uh if if the tree line were 40t tall and they built 145 foot tower, that's 105 ft above the tree line and the

allowance in the zoning uh regulations is 50 ft. So that's that's how I'm calculating that. Uh they agreed to lower the tower limit to 125 ft. uh by opinion only. Uh but I think that was something they agreed to do for the planning board uh because basically they knew they could still have that 145 ft when you added the 20 foot box. So, um, in the most recent, uh, I believe it was the last, uh, planning board hearing, uh, Horizon said that, uh, their lawyer said that the nearest tree line is actually 100 ft tall. So, the tower would only be then 25 ft above the tree line and in compliance. So they withdrew their application from the zoning board and went back to the planning board. Uh my questions about this are who determines the height of the nearest tree line? So far that information seems to be coming from Verizon to the planning board and my uh feeling and those of us who have been uh objecting to the sighting of the cell tower uh is that the town should have an independent consultant determine the height of tree line and not just go by what Verizon says. uh we feel that process should be transparent. Uh I'm asking the town to ensure that the planning board uh to the extent that

you can uh influence them use independent consultants with no ties to Verizon or its partner businesses or uh with no appearance of such conflicts of interest. We've seen such conflicts in the hiring of a viewshed analyst who consulted uh that person was did not appear to be independent. They seem to have done a lot of work for Verizon in the past and for companies that were partners with Verizon. Uh and uh likewise uh there was uh an analysis provided by a Verizon consultant uh on the impact of the tower on uh animals and vegetation. uh within the uh you know area impacted by the cell tower if it were cited there. Uh we'd like to see a positive response as Julie was saying to the uh secret rather than the negative one that they seem uh about to issue. And we would then have a full environmental impact statement. And we feel that's necessary for many reasons. uh which have been presented to the planning board. Uh the planning board does not seem interested in what the community is presenting and they don't seem to particularly care what the community response to the sighting of the cell tower on Granite Road is, which is from what I've seen at a number of hearings was pretty universally uh opposed. Thank you.

Thank you. I do want Hold on. Hold on. So, we let everybody speak first and then if you want to speak a second time, we'll come back around. Okay. So, is there anyone else here who would like to address the board tonight? Yes. Barbara, I'm gonna let you go first because it's still on the topic because I'm going to speak at a different time. Okay. Well, you also had your hand up. Okay.

Hello. Uh, my name is Jeremy and, uh, I would also like to voice my opposition to the, uh, the Verizon monolith that's being proposed in our neighborhood. Um, and just ask for a positive declaration. So, at the very least, we could get a proper environmental impact study. Doesn't seem like you can be too careful about these things. Um, and just in general, just I'm just asking for the the board's um guidance to please help the planning board on this issue and just kind of weigh in to the degree that you're able because um there seems like there's a bit of a disconnect. Um there's a lot of folks who have come to a lot of meetings regarding this tower, all in opposition. Um, I haven't really heard anything in uh in support of the tower uh except from the person who's paid to support it by Verizon and um also uh even the person who owns the property who stands to have a pretty fair financial gain. I think I don't I don't think I've seen them at any of the meetings. So, it's kind of interesting. Um the planning board does seem to have a very um uh mysterious um support of this project. I don't know why. I've asked a couple of times like they they um the planning board seems to just generally disregard a lot of the opposition and they seem to be all too happy to u kind of poo poo anyone who might have considerations about um some of the obvious things, the viewshed, the health

impacts, environmental problems, and just other things. It seems like those things are almost immediately just kind of disregarded. They seem to have a very buddy buddy kind of a relationship with the um with the attorney who's basically being paid to in my opinion just kind of not give the full story of this. Um, they've been at the attorney for Verizon's has been asked for call logs, dropped call logs, missed call logs, provided none of it says he doesn't have to. Same thing with they were asked to mark out the property so we can see exactly where it's going to go. That hasn't been done either. But there's still a lot of like camaraderie between the planning board and the attorney for Verizon, which I don't understand personally. It seems like there should be more of an adversarial relationship and definitely like an armslength business relationship. Like one person is here getting paid quite a lot of money and it's obvious when they park their Porsche out there to say whatever is necessary, as attorneys are prone to do, say whatever is necessary to get the project green lit. And it just seems like there's a lot of I don't know if it's deer in the headlights or people are just genuinely happy about it. Maybe there's information and I've asked a few times maybe there's information that we're just not privy to on why this is such a good idea and why the planning board is so excited about this and why they go out of their way to dismiss claims by taxpayers who don't want this to happen. I don't know. Maybe the board knows if there's a reason. Maybe we would like to know too. But um I would say that uh in short

there's been a lot of uh commotion about uh tax rates and people's assessments and things like that and property values. It seems like a funny thing that all of a sudden if our properties are worth so much and if they're rising because this is such a wonderful place for people to move to from Jersey, Long Island, and Manhattan and they can't wait to come up here. It seems silly to stick a big cell tower right in their viewshed. I those two things seem a little silly to me, but I also may not be in possession of all the facts. So, I don't know. Maybe people who want to buy million-dollar houses in Hudson Woods may really love cell towers. I I would not have done that. But the point is that those two things seem a little bit diametrically opposed and and seem a little a little bit interesting. Um, another point that I'd like to make is um there's also a lot of headlines right now about big data centers. There's obviously the one in Utah and there's another in Missouri and there's another in New York, excuse me, New York. There's a lot about data centers and there's a lot of situations where there's rooms like this filled with 100 people or more who are all opposed to these big data centers sucking up lots of water using lots of gigawatts and a town board planning board or whatever. They just unanimously approve these things and there's a lot of people who get upset and the the boards get voted out the next term or whatever happen. But it's really interesting to see this in a small town scale where the will of the people is just kind of disregarded in the interest of big business. Um, I think that that's there's a part of that here that's also at play because one of the things as I'm sure you're well aware, I know the planning board is well aware that in the Telecommunications Act of 1996, there's a stipulation in there which says no health environmental health concerns can be taken into

consideration when looking at the, you know, whether or not to yay or nay this kind of towel, Okay. 1996 that was put into federal legislation that you could not deny a permit on the grounds of the health effects. This is likely before many health effects had been publicly uh let's just say admitted to or so forth. Now we're 30 years later and it's clear that these industries are 30 years ahead of what the civilians are allowed to know about, vote on, and weigh in on at any particular time. 30 years ahead. So I would just like to point out that I'm quite sure that this cell tower that's be the the third or fourth cell tower of this area that's being proposed. It's not being put there so that we can scroll faster so that they can host you know we can see like grandma's pictures on our stuff. It's being put there for the internet of things clearly. That's why there's shorter bandwidths and shorter wavelengths. It's so that in 30 years from now when there's flop cameras everywhere and we're in a police state and if you make a Facebook post about the president, you can't open your refrigerator. That's what this is for. They are 30, if not 50 years ahead of the silly stuff that we have on our phones and on our laptops and stuff like that. So, I personally don't have a whole lot of faith in federal government and I don't necessarily want them any closer in my backyard than they need to be. So, for

me, that's just one more good reason to keep this kind of technology. They can have it in Brooklyn. They love it down there. Let them have it in Brooklyn and in Manhattan. And I think it's wonderful. it should stay down there. But people who live in this area, I think they appreciate small town politics. They appreciate rural landscapes and they appreciate fresh air and not being radiated and polluted when you're trying to, you know, drive past the place or you're just I I I think I I think I've made the the points that I wanted to make, but please help the planning board. And again, if there are issues about this that we're just in the dark about because we don't understand all the ins and outs and so forth, then please tell us because otherwise it seems like a black and white very simple issue and it's absolutely mindnumbing to understand why things are happening the way they are and why 2 plus 2 equals like seven and a third. It doesn't make any sense, but that's what happens at any board meetings. Thank you.

So, you're gonna go and then Barbara. Okay.

So, just a little spin-off of what he just said. Uh something I forgot to put into my script. Um during the uh balloon test that they had. Um that was the time of my healing process. I was just able to like traverse outside for more than 15 minutes and then I'd have to go back in and heal. But uh I I saw them out there with the lift and they had the giant balloon attached to it up in the air. So I wandered up there and I was like, "Hey, what's going on?" And uh one of the ladies on the planning board was there with two gentlemen. Um and uh she said, you know, she was kind of dismissive. She didn't want to tell me what they were doing at first. And then I said, "Well, I live right there. Can you just tell me what you guys are doing over here?" She's like, "Oh, you live right there?" I was like, "Yeah, that's my apartment. That wall right there." And she said, "Oh, that sucks." I said, "Why?" She said, "Well, they're planning on putting a cell tower here." I was like, "Oh, great. So, all the construction," she goes, "Yeah, it's going to be loud for a while, probably." And uh so I just assumed that it was already a done deal. Like town had already agreed on it. it was about to be built. Um, then I found out through the community that we were banning together to try and talk about it at the meeting in the uh like here right now. Um, and uh I was like, it kind of confused me, but I was going to come and I was going to speak. I had nothing written at the time. I was off the cuff, even worse than today was. Um, in between the time of me finding out there was going to be a meeting and the meeting, the head of the planning board,

um, I don't know his name. One day, I'm pulling out of my driveway and he had pulled into the entrance, parked on the side of the the parking lot, got out of his car, and was taking pictures of up the side of my house. And I just was like, "Hey, can I help you?" And he goes, "Nope." And he just got in his car and left. And I just after seeing who they were, I was kind of upset that people that are supposed to be representing us and backing us are so dismissive to the people that live right there. Um it was hurtful. Uh it's disrespectful and like he said, I hope that you guys can weigh in or just kind of make sure the decorum is followed. There's there's a way to do things properly, nicely, and there's a way to do things disrespectfully, and I feel that we've been nothing but disrespected from the planning board on multiple levels. Um, so that's where I thank you guys. I appreciate everything you guys are doing. Uh, hopefully this can be done by 8 o'clock for you guys.

Oh, no. I know. I know.

Uh, Barbara for now. Um, I wasn't going to speak on that issue. I have another issue, but I remember many years ago when that cell tower went up on city hall road over top of people's houses, children were praying. They did an independent study of health and welfare and they found absolutely no sign of radiation and nobody up on that road that has ever come down with any cancer or anything in all the years. I also want to say that um I do not get sell service on my property. There are people in this town, so it is not 100%. I know there are people who live up in the ridge that do not have self service and that has to be for fighter and safety reasons. And also the hardest thing for me in all these 30 years I've been involved to understand that public opinion, every person in town can come out and say we're against it. And when it comes in a poor law, that cannot be used as a decision. The 1996 FCC, if this claim were denies it, it will be sued and they will lose. All right. On the other issue, um I have to say how disappointed I am that Councilman Snip has not shown for two meetings. I had prepared this to read at the last meeting and she was not there. So I will um say it now. I'm also concerned that she has not shown up for two meetings. I know planning board and zoning board have attendance uh issues. If you miss so many meetings for her to not show up and still take for pay is to me not ethical. And I know that she is running for highway superintendent in the fall. And so if she plans on not

showing up from now until the fall, that is highly and they accept her pay, that is highly unethical. In the past, we have had a town board member do that, get pissed off and just not show up and receive his pay the rest of the youth. So I'm just saying that I feel this is hope she's watching and this is very unethical for her to not show up. My other issue with that is that it was stated in a paper that she is the only town board member that is uh born and raised here and that I want to state that the New York state law governs what a town board has to do, what they are authorized to do and what their charge is. And it is not to represent one segment of the population. We had a highway uh we had a supervisor years ago that literally told me to my face, I only have to represent the people who voted for me. And that was totally unethical. So, as far as I'm concerned, by her not showing up and not doing her service for those committees she's on, if she thinks that she's going to go and wait until she's highway superintendent that she's just not going to serve out, there has to be some repercussions as loss of pay or if nothing else to have the public understand that she is not serving the community according to the town board law. Thank you.

Or anyone else would like to address the board?

I just make a final comment here. Um just this issue of the you know basically what Verizon needs to prove in board law and otherwise is that they is there's a gap in coverage or that there's not a different place that they could put this tower. And um some of the local area residents there have paid literally probably tens of thousands of dollars to hire some of the best experts on radio frequency technology which is new to many of us and I'm sure to the planning board. Um and there is no gap in coverage from what these uh maps show what they file with the FCC. you know, there are different areas in the town where there isn't cell coverage, but in that particular area, there's full cell coverage and Verizon puts these maps in under threat of perjury under the law. Um, one of the So, it's been, you know, very disconcerting to us. I have felt that the main reason that the planning board wants to approve this is because of a pending lawsuit and the Verizon representative lawyer has said multiple times in veiled threats or kind of almost direct threats that they would lose in court because such and such reason. Yet, kind of like to what Jeremy was saying, they refuse to provide some of the key information about falls that are being dropped to show that they um they actually need this tower in that location. Um so, there are a couple of independent reports that were done and um it's worth, you know, it's worth looking at that the need is not there at this at this place. Um, and one of the experts, I'll just read why. Because one of the things that the the Verizon lawyer has said to the planning board

multiple times, uh, is that trust me, they wouldn't be building a half a million dollar sales tower if we didn't need the coverage. Well, like that's really not that's not really like accurate. That's not really like what accurate information. And so in this expert report um that was submitted um uh man uh Richard Chamber Dr. Chamberlain said why are teller tell wireless telecommunication companies spending money on unneeded new infrastructure buildout. The answer is increasingly clear that they are doing so to garner a share in the home internet market by offering a wireless option rather than a wired option like Spectrum uh that most of us currently use. Customers enroll in their respective carriers wireless streaming service and in doing so they receive a small device that plugs into a standard electrical outlet. The small device provides internet access with home Wi-Fi. Unlike conventional routers that create a fiber optics or cable, these devices connect to the internet through a wireless connection by nearby cell towers. The home internet market is huge, currently exceeding 500 billion and expected to increase over 850 billion in the next few years. This is the only way the wireless industry can overtake wired service providers is to build out wireless infrastructure for beyond what is needed for cell phone use. So um you know Verizon has their voice link that they've been promoting in the area which is that's a wireless uh you know uh provide providing system. So, you know, we're just concerned that there really isn't a need. And so, these towers being built in the viewshed, arming the viewshed. Um, it's going to be visible, you know, from multiple locations and we're all going to see it like all the time and it's damaging to the local

businesses, businesses in that quarter closed. Um so all of this really needs to be consideration and I too after you know serving the village board after I've done work in the state legislature multiple town councils I've worked for European Union I see a lot of different levels of government uh I don't feel I generally feel like um the the planning board has set its mind to the fact and I have been told off the cuff by one of the planning boards that they're having tied meaning legally Yet that is not true because uh they can indeed uh we believe win in a lawsuit. There have been several towns at Verizon Pantown recently, Terry Town um and several others where Verizon has been rejected from a cell tower and they have not sued the planning boards. Um, you know, furthermore, even if the the town was sued, they don't acquire any damages to this. Uh there's really no reason that at this point we shouldn't be at least provided a full environmental impact statement under SEGRA to determine both the aesthetic impacts and other uh pieces of the SER process and then be provided balancing test which allows for socioeconomic community character component where you can really look at the cost versus the benefit of a cell tower like that. And there have been you know at this point you know many people have questioned and very legitimate experts have questioned the grounds on which Verizon is moving forward. So I think that it is worth considering. I know that this is under your specific purview as a decision making body in this but again it's very important that you know we feel that you need to understand what's going on and

we really do want you to weigh in on the uh positive declaration. Thank you. All right, one more. All right. Okay. Okay. The hardest thing for me to learn was the town board is an independent body. The planning board is an independent body. They have no jurisdiction over what the planning board does. While I appreciate all you are involved, I appreciate your concern. But to ask the town board to do something that they legally cannot do.

Okay. I think we're I think we're done with the public comment portion of the meeting. Um now it's town board member time. So I'll open it up to the town board. Getting into uh any of the specifics of about the cell phone tower. I I think it's important that people feel confident in the transparency and functioning of their local government. And um just a reminder that I'm pretty sure you can boil request any documents from any the governing bodies. If you haven't gone that route, I would suggest um doing that. Feel like you're getting more transparency um from the planning board. A lot of it's hosted online. Um and um I I hope you at least get confidence in the transparency um of of the process even if the outcome doesn't end up being um what you wanted. Yeah, I mean I just echoing what other people have been saying. You know, the town board doesn't have purview over the decisions of the planning board related to this application, whether we agree or disagree with project or how it's being structured. Um, where we do have the ability to weigh in is in terms of our zoning code and and how we make changes to that. And I I think this project absolutely opens up a need to discuss some of those things. I, you know, hearing that a tower could be in range of a residential structure, that's something that we could potentially include in in the code. We could look at what zones uh we allow these types of structures to go up in. We could have setbacks um if they are in residential areas, but we have to do all of that within the bounds of state law and federal law. And so I just I think that's if people have suggestions or recommendations, we can absolutely consider those things. But in terms of a

project that's already underway, the responsibility of the planning board is to apply the code as written. Um, the the other thing I just want to say and and I I think we all occasionally uh have missteps and say things that are um not phrased the best and and so for people that feel um that they received comments from members of the planning board that were not respectful, you know, I encourage you to to talk to them directly and um maybe you'll be surprised that they actually um didn't intend it that way or maybe they will correct the record there. But I do think it's important, you know, I I know all the members of the planning board. We've put them uh in those roles because of their expertise. uh and I think any um perception that they are somehow biased or being influenced by corporate money or pressure um is not something that I've personally experienced. Uh I have not heard of any of them feeling that they were pressured by Verizon. I think they all come to those moves well prepared um with good questions and they certainly take their time with applications and uh are making sure that they're doing things as best they can in terms of adhering to the zoning code. So I just want to put that on the record because they all work very hard. I know they spend a lot of hours both in the meetings and outside doing their homework. So, um I hope that's clear for anybody who watches the meetings and talks to them because they are doing a tremendous amount of work uh and a service to the town. That's all.

Okay. Well, um I want to say two things. One, um well, I thank the public for coming. Um, we did receive, as I mentioned, the referral letter regarding the conditional negative ne negative declaration. The cover letter was a little confusing, but I believe the comment period from involved agencies is through June 8th. So, we as a board actually can weigh in. Um so if you would like we can discuss this at our workshop meeting and we can submit comment just like the planning board can submit comment to us. We are separate. We are not in charge of the planning board. They we are independent which is why I as an elected official can say that if the planning board could deny this application based on the proximity to the apartment complex I would hope that they would do so because the fact that it is so close to that apartment complex enrages me. So, I just want you to know that that to me is I cannot believe that it could be built so close to an apartment building. Um, you would not see this at Hudson Woods. So, I'm going to leave it there. And I think if we do, I think we can issue a comment on that. Um, I would also just like to I think um, you know, I don't want to censor any comments or anything from the the public about the board members. I just do want to clarify that um, town board members are paid a salary. It's not a stipend per meeting attendance. So

planning board and zoning board of appeals statutoily it's in the law that they can be removed for grounds and grounds could be meeting attendance. For elected officials it's very different and um it's not based on meeting attendance, it's based on your elected status. So, um, you know, every board member misses meetings and has reasons why they might not be here. Um, so I just, you know, I personally always just want to make sure we have a quorum, but um, and I, you know, hope that we have good attendance, but things come up, um, for people and the the elected officials are legally do their pay. So there's no function that we as a board or anyone can have over not issuing that pay to them. So um it's very very clear in the law regarding that. So the only ability we have to control pay for elected officials is when we set the budget when we're setting the salaries. We can't there's nothing else we can do except saying what the compensation for that office is. So I just wanted to clarify that. Um there are different rules um for the planning board, zoning board of appeals and a board like ours. Um okay, we good to move on. Um so our first item is the acceptance. So I just concluded town board member time. If you have comments that you want to submit to Kate,

these are just notes, but if you use them Yeah, that'd be great. And if you wanted to. Thank you very much. Thank you guys.

I'm okay.

Thank you. Have a good night. Thank you. Um, sorry. Very upsetting to me. Um, so first resolution is acceptance of the minutes. I just I had a couple of edits that I found that I wanted to include if that's okay.

Um, so This is my problem. I write notes on chimney things. There it is. Okay. the for the April 9th, 2026 business meeting, the adjournment was 10:54 p.m. And then the April 23rd, 2026 meeting, um, in I only caught it because I was saying it. It says mayor's office, but it should be mayor, our assemblyman.

Yeah. Um, and then there was just a typo in one of the resolution titles. It said it said that, but it it said constable.

And then a really small thing because it's not a resolution, but um there was a listing of what was going to be on the next agenda. And when I looked at I was like, "Huh?" So I went back and listened to and I think it was just confusing because I was blabbing. So it was um the um vehicle and traffic law, the moratorum moving forward on the grant agreement, theus and potential appointments and then Marylu added moratorum on data centers. Okay. All right. So, those were the Sorry, I didn't look at that until right before the meeting. Um, usually I send those directly to Kate, but we didn't have a chance to link up on that. So, um, I'll make a motion that the Town of Rochester town board accepts the minutes of the April 9th, 2026 business meeting and the April 23rd, 2026 workshop meeting as pres prepared and presented by the town clerk with the proposed amendment. Second.

Any discussion? All in favor? I opposed. Abstain. Motion carries. Acceptance of donations. Do you have the St. Paul's textile number 95? Everything else was the same that you had in here. Okay. And the other thing is um pack 16, the um Cub Scouts donated a variety of food and treats and toys to our dog kennel. I don't know what that value is though. Okay. And then

Okay. So, I'll do it like this. So, I'll make a motion that the town of Rochester Town Board accepts the following donations in the following amounts with gratitude. St. Paul's textile, $94.95, um $1,500 from Aramis Foundation for registration fees for summer camp, $50 from Tim Hurley for St. Patrick's Day lunchon and the following items. 650 ft of fence from Wayward Ranch for use at the dog kennel and packs and uh food and treats donated for use at the dog kennel from troop pack 16.

Second. Any discussion?

All in favor? I opposed abstain. Motion carries. Okay. And then um I'll make a motion that the town of Rochester Town Board um accepts the 5A 2026 abstract and approves payments in the following amounts. General fund 53,571.78. Highway fund $62,468.36. No expenditures in ambulance fund. No expenditures in capital fund. Street lighting $547.77. Excuse me. And out of escrow $11,3716. Second.

Any discussion? Thanks to our auditors. All right. All in favor? I oppose. Obtain. Motion carries.

Okay. And then we um had some there were some issues with abstract 3B. Not really. Um, so I'll make a motion that the Town of Rochester Town Board amends abstract 3B of 2026 and resolution 165 of 2026 um, by reducing general fund expenditures and I have a I made a mistake here. So by $38,520 due to a 20 cent overage error with the that was not caught in the audit and the voiding of a voucher in the amount of $385. This amounts to a change from $68,956.77 to 68,57157 in resolution 165 of 2026.

Do I have a second? Second. Any discussion? the 385 was a registration fee for a a conference that didn't end up being attended by the individual. So, um, all in favor? I

opposed abstain. Motion carries. All right. Um, so for a bunch of our resolutions, I have attorney comments, so I'm happy to have anyone else make the motions, but um, I'll be making amendments for a lot for several things. So, um, so for the 284 agreement, um, what, um, I mean, I can just keep going, but anyone is welcome to, uh, do the, um, the resolution. So pursuant to the provisions of section 284 of the highway law, the town board hereby agrees that monies levied and collected for the repair and improvement of highways and received from the state for the repair improvement of private shall be expended in accordance with the 285 agreement as submitted by the highway superintendent for the year 2026 with the following um amendment that the language um be included that payment will be paid upon presentation of vouchers for the items in this agreement.

Second. Also need to update the supervisor's name. Oh, yes. Sorry, they did do that. Um I'm sorry. I for I think I forgot to post that but yes and update the name of this town supervisor second or second that's amended

seconded it yeah okay uh any more discussion right all in favor I opposed abstain motion carries all right the um I have attorney There any comments on the fireworks contract? Did anyone else have any comments on that?

It is, but they always send us the version and we always um make change make changes to it and I didn't have time to do that. Sorry. Always fumbling. Papers of a state. Okay, I'm just hiding. Okay. So for the Santos contract um in paragraph the last paragraph number five um she wants us to add the language except for the crowd control provided by Santo as per paragraph 4G of this agreement. And then in paragraph 10, change uh Saratoga County to Olter County. And then the signature should be from the town supervisor, not the town clerk.

Second. Well, I'm listing the changes and then I'll make the motion. Or you can make the motion. Are you done listing the changes? I'll make my motion. No, you have to make Okay. You want me to read the whole thing? Make a motion that's written on the as presented but with the amendments. Like to make a motion the town board authorizes the town supervisor to execute the contract as presented with Centuri's world famous fireworks for the heritage day fireworks display scheduled for October 3rd, 2026 in an amount not to exceed $5,000 with the proposed amendments. Second. Is there a second?

Second. Any more discussion? All in favor? I opposed. Abstain. Motion carries. I didn't save it till the last minute. Kate, after three years, I'll maybe get things right. Okay. Um, do you guys do you feel um good about adopting the vehicle and traffic law? Yes. Okay. So, do what number we're at? I don't want to take a guess. So, I want to see if this would be fine, but

is it like a check if you skip forward? It's not a big deal. They name it, they number it, they will number it there. Anyway, um I'm sorry, I forgot to check. We can say that it's going to be reumbered. What was four? Rescending. That was three.

What were the tax ones? Those were one and two. Wait. Anything else? No, because I think the most recent one's recently. Okay. So, I think this would be for sure. Yeah. Then this one will be um sure. Where is a public hearing was held regarding local D 2026 on March 26, 2026 and held open for written comment until April 13, 2026. Therefore, now don't I rename it down here when we adopt it?

Sure. Yeah. Now therefore be it resolved the town board of the town of Rochester hereby adopts uh local law D of 2026 as local law 4 of 2026 which repeals and replaces chapter 132 vehicles and traffic of the town. Do I have a second? Second. Any discussion? All in favor? I opposed. Abstain. Motion carries. Um I guess do we have to request that you file it? No, you just that's already in the local law. Yeah. Okay. Okay. Great. Next up, make a motion. Sure.

Whereas the town board of the town of Rochester has identified a need to review and update the local regulations concerning battery energy storage systems to ensure the safety, health, and welfare of the community. And whereas the town board recognizes the vital importance of BESS in promoting energy diversity and supporting a sustain sustainable energy grid and is committed to establishing comprehensive regulations that balance these benefits with local land use priorities. And whereas a duly noticed public hearing was opened on March 26, 2026 and given committed on April 9th, 2046 and the record was held open for written public comment until April 13, 2026. And whereas the town board has received and carefully considered advisory comments from the town of Rochester planning board, the town code enforcement office, and the Olster County Planning Board. And whereas the Olster County Planning Board provided mandatory changes which have been fully incorporated into the updated draft identified as version 2.1 specifically focusing the scope of the moratorum on tier 3 and tier 4 bees systems. And whereas the town board finds that a temporary moratorum is specifically determined to be necessary to provide adequate time for the board to conduct an appropriate study of commercial and utility scale EESS and and enact appropriate legislation for the regulation of these systems. Now therefore be it resolved that the sound board of the town of Rochester hereby adopts local law E202 E 2026 version 2.1 designated as locally law number five of 2026 providing for moratorum on the processing and approval of tier three and tier 4 battery battery energy

storage systems and be it further resolved that the town board requests The town clerk files the local law with the secretary of state of New York. Second. Any discussion? All in favor? I opposed. Abstain. Motion carries.

Okay. Um I didn't have time to prepare the budget modification. So, just to I'm having to do a budget modification from fund balance to fund some things that we didn't budget for, but they have to be onetime expenditures. So, it can't be to cover say the clerk position positions that we're talking about. So, I just have not had time to finalize that for you guys. Um, and we'll have them I don't

Yeah, that one's being tabled. Um, so the next is the um revocation revocation of a bond resolution of $80,000. So I'll make a motion. Oh, shoot. I forgot to find that number. Sorry. Please hold. Sorry you guys. That was February. Yeah.

No, I'm just Oh, I see. Okay, we do not have to do this. So this got included somehow in what we submitted to them but we did not do this as a anyway this was a mistake. Okay.

So um I think we don't we never authorized it via resolution. Um, so I'll just be safe and make a motion that the town board um hereby confirms that um a bond in amount in the amount of $80,000 was not issued at the February 26, 2026 meeting. Do you have a second? Second.

Any discussion? All in favor? I opposed. Abstain. Motion carries. It's a these there is so much involved in taking out these bonds. Um, okay. So, metal detector there should be three quotes that were up in the backup for the board. And we basically just need to go with the lowest one. So, we received um there is one model of metal detector that the court identified that they would like. Um it fits in the present location and it's ADA compliant and it's um also like a very very good metal detector we found. Um it's very, you know, very highly rated. So we received three quotes. Um and the lowest is from Metal Detector LLC in the amount of $6,600 including shipping. So that is what um Go ahead.

Okay. May I make a motion to adopt the resolution that says, "Whereas the town sought three competitive quotes for metal detector for the town court security be resolved that the town board authorized the purchases authorizes the purchase of a metal detector from metal detector LLC. Lowest response the in the amount of $6,600 including shipping. Second. Any discussion? All in favor? I opposed. Abstain. Motion carries. You can have those.

Oh, I also have digital version. I have

Yeah. Um, so for the next one, I guess I technically probably should have put this as a discussion item, but I thought we could potentially adopt something tonight. The code enforcement office is having a hard time with scheduling meetings, consultation meetings with the code enforcement officer. So, it's just a lot and they're not able to screen them. Um, so they came up with a proposal that we consider adopting a fee for meetings. I think in my mind that should be of like a certain length because people can talk to the code enforcement officer, but these are like scheduled meetings that are getting put on his calendar. Um, so I've seen this in other towns before, um, where it would be like a meeting over a certain amount of time is this fee.

How often, how long do the meetings that they're talking about last? Um, I think it would be anything over 30 minutes. And what would you propose as or what are they proposing as a um they didn't have a proposal. I think what I've seen in the past is like $50. We don't have to adopt this tonight. I honestly now I'm like I should have put this as a discussion item. Um what man what's the goal of the

Well, two things. one is they're they have like an inspection schedule, right? And so those when someone is on the inspection schedule, it's kind it's a little bit like a meeting where the code enforcement officer goes and is doing that, you know, they're there doing the work. When there's a high volume of meetings that are happening in the code enforcement office, that interferes with the inspection schedule, but the inspections are like covering the costs of that time. Right. Right.

So, is the is the fee intended to reduce the number of meetings or to discourage the number of meetings or is it to intended to compensate for time? And are these meetings that take place in the office which can be scheduled or are they field visits by the uh by the staff to a location?

I it could be either of the the um latter two and I think it's two I think formalizing the way that meetings can be scheduled is one thing. Um, so right now it's just lots of demands on time, you know, without like a formal way of capping the meeting or or making sure that it's a purposeful meeting, right? And then the second would be I think the idea is um so you know compensation for the time involved in uh prepping and and having something that's long you know longer than a quick office drop in. Well, I mean, I think that they can schedule meetings so that it's just not disruptive to their inspection schedule and that there's no cost associated with that. I mean, I I do agree that um if something takes more than half an hour that it's longer than just a brief consultation, as well as if the staff has to go out to meet somebody at a physical location. But I think that coming in at a regular scheduled time is not an inconvenience. It's their job.

Yeah. I'm not going to support anything that has the purpose of creating a chill on the access of people to the code enforcement office. And the way to direct the way to ration that and alloc ration or allocate that time is having the schedule that is office hours set aside for this procedural to their own

that don't that don't interfere with their inspection schedule. So if they say Friday mornings from from 10 to 1 or whatever um is available for appointments of 30 minutes to discuss these items, then the way that that a a resident would ration that um or make use of that is is basically like say a doctor. It's like it's it's sort of self-regulating with a schedule rather than dropping in and and interfering with the daily routine.

Yeah. I'm a little curious. Is there a sense that people are going to meet frivolously and they're having conversations that aren't relevant to building projects? Because I tend to agree with Zali. I mean, that's the building department's job um is to have those meetings and we can like if if they're not available, they're not available. We just have to schedule people to next available time. Um if there's an if if there's something else behind this, like we're looking to raise some revenue to help pay for software that's going to make the department more efficient, you know, we should be upfront about that. But um if it's just going in to ask questions for 20 30 minutes. I think it's also hard to time box it like that because you know then you're going to have people saying like well I you know I thought it would be 20 minutes but now we're at 45 minutes and I have to pay 50 bucks. I just had a question like I you know I don't know. I just think it gets sticky. I'd be curious to know why they feel like they need to do that. Are they trying to dissuade people from coming in to talk to the building department? I mean I don't it maybe it would be helpful for board members to be present in the office and see um that we need more staff in that department and that's not something that we have budgeted and they are inundated with phone calls. they like can't do the processing of applications right now

because there's so many calls and dropins and wanting to have um you know and it's hard someone's sense of urgency around their questions is one thing but other priorities in terms of projects and moving forward and steps in the process is like another. But to me that's a scheduling issue. It's like they say, "Okay, open office hours are x to z every day and sir." Yeah.

Um because the rest of the time we're working on projects and trying to get some of the work done. Um I think that's a fair solution that doesn't impose a financial penalty or cost on the privilege of talking to them. So I I could see and and maybe it's not specific cases but I I could see some issues that have currently come up recently where

someone is looking for a solution to a problem and coming about this what about that can you re and you know where the department is going to be doing researching well I don't know is that allowed in state law do we need to look at that from this type of the regulation from a building department perspective you know in that case if there's a lot of or if there's multiple outliers like that where suddenly something that's not an active application but kind of like trying to find a solution to a problem which is then taking up time in the department you know 6 7 hours 8 hours researching things then I think I think that's a reasonable request but to me 30 minutes you know for a single application is not egregious if a if a single applicant or a single project is taking up in excess of two hours of time then maybe there should some kind of additional uh fee associated with that. But I if we want to do something like that, I would favor something where it's really like okay, this is sucking up time at the department that is needed to do other enforcement actions or you know process applications. But 30 minutes to me like I think

okay I 30 minutes was just me throwing a like there should be a minimum that's not charged though. But but I don't I don't want to create a situation where people feel like they have free unlimited access like I'm just going to ask 20 questions until I get an answer that that works and it takes up 8 10 12 hours of the department when they're not doing other things. So I think there's a happy medium and we should we should protect them from that kind of um excessive amount of work that's not covered by application fees. But I'd like to just understand better to your point like where they're getting hung up like what types of applications are is happening or what kinds of meetings are doing that and and I take your point I can go talk to them and get a better understanding too.

I mean I think the I think it's I think it's sort of all of the I think it's everything. It's both, you know, we can get them a panic button and the body cam so that when they're telling people that no, you can't talk to anyone, it's not time for that and they get I rateate that they have that recourse. You know, right now it's just a very busy um office with a very full schedule. Things are getting scheduled out one to two weeks in advance. No one wants that when you're built doing a building project um and getting on the inspection schedule like when you have a permit a building permit right that's in process you have three four five points of inspection that once you get to a point then you need to call and have the code enforcement officer present right so every permit is going to have this you know and so they are sketch the the the the the their week is completely scheduled. Um I think it's the expectation, you know, I can talk to them about setting why they don't feel that the boundaries they've put in place with their scheduling is effective. I think that part of it is um the, you know, um the emotional reaction to not being able to see to being put on a schedule like weeks out, too. So, it's not just like, oh, they don't know how to manage their schedule. It's, you know, they're dealing with,

but that's I mean that's every city in the state has the same issue whether it's the city of Kingston or whatever. So, it's a matter of managing expectations of of people who are seeking these permits and done. It's like it can take some time. So, plan ahead, right? And I think rather than calling the last minute saying my cement truck's going to be more. I need my cement form suspected tonight. But that's also how the building world works. I mean I think that's those are just the clashes of bureaucracy and you know

how industry works. I think part of managing expectations is saying that having an hour-long consult with the building the entire building department has a cost to it. So I think that's the you know um there

but that's a different issue than you know can you send an inspector out to go look at my concrete forms before the symmetra comes tomorrow. I mean, you're talking about what you're talking about when you talk about the consult is more of a consultative, you know, um, idea bouncing session rather than here's what I've done according to code. I need it to be signed off on. And I think that if you I think that managing expectations that people are expecting that the you know the two-hour consults um is a valid way of of addressing that um and for excessive projects you know charging for that um for that research time and that consultation time. I think just as an ordinary means of arranging the schedule and lightening you know what their workflow is. I don't think that's appropriate way of doing that. I'm talking about the fee.

I mean are they able to triage right now uh you know across where the projects are in terms of it's just begun or it's very very very advanced? Um they I mean they do have there's both like projects like you're talking about, but there's also things like um shutting down um a multif family rental unit. like those things also like it's it's just more you know it's just they have more than they can reasonably do in the time expectations that are on the department um not just the public's but I think just sort of standard

and how much of that is sort of catch up versus what would be the outgoing run rate once they are caught up with all the stuff that they've been trying to catch up with over the last year and a half and with the new building inspector and code enforcement officer etc. So how much of is is pain caused by a learning process and the catchup process versus ongoing run type activity? I it's hard to say um because this is the first time we've really had someone running the department that is um focused on the like fire safety kind of so it's hard to say if it's catchup or just someone who is

um able to find those things. So, it's I'm not not sure you're going to like get through like a bunch of issues that are related to like fire safety and then they're never going to happen again. Um, and then the building schedule is like building permits and permit schedule is just it the rate of those is what it just is always increasing in our town basically. Um yeah,

I mean I can go back to them with the kind of feedback about you know managing the the meetings in a different way without imposing it's also getting a better understanding of what exactly the problems are and how they're I mean if they break down the types of problems so that we can sort help them figure out how to address them rather than coming up with a blanket solution. of a fee to address all the problems.

Well, that's I mean I think that's not at all what I'm saying. I think this is one idea to lessen the load. We also have we authorized our code enforcement officer to work 10 hours of overtime a week. We are trying to hire a part-time clerk for the office. My clerk is working in their office right now. We have code enforcement software on the agenda. They've sent us lots of requests for how to like look at and charge for violations and redo the fee schedule. Um, so it's not, you know, this was just one thing that I'd seen a couple of other towns do and they said that they were feeling like it was, you know, these meetings are taking up a lot of time and it's, you know, unsure how to really be able to manage the the time and how, you know, that I I hear what you guys are saying about access, but when you are time resource poor and there's no way of getting people to like ask a question that could be answered by anyone in the office by anyone other than the code enforcement officer like that can be frustrating like you know so I think um you know I can go back to them with the

yeah I mean I think what would be helpful is if we get a more comprehensive discussion from them of what the issues are so that we rather than dealing it with it piece by piece so we can come up with something that's more comprehensive.

Yeah. Or maybe if it's something like a research fee or like a a basic determination or going in there with like a use question or here's my project, is this workable? I think is covered under the you know responsibilities of the department if it's similar to what the planning board is proposing which is like an initial conversation say okay here's the property here's what I'm thinking can you help me workshop this and it's involving all of the members of the department and it's like a foron meeting I think if we can define specifically

like what that type of meeting is and why that's different from normal day-to-day operations I think it's reasonable to have some fees associated with that. For example, similar to what the planning board is proposing, which is okay, this is you have questions about the project, it's a non-standard project. We should have a way of covering the cost associated with that if it involves the entire department. But because I know like I' I've talked to them and sometimes they're chasing down questions and trying to do all kinds of research and looking at building manufacturers and And that takes time and obviously they have other things that they need to be doing. So I just think we need I don't want it to be like a generic if you need to meet with them for 30 minutes and I know that's just an example but I I think we should define and understand what this larger thing is and then we can associate these with it.

Okay. I thought I submitted to you guys the sort of notes that they put together that I had requested at our last meeting, but if I didn't circulate those to you, I will scan and and make sure that you can review those ahead of the next session. Um, so we're tableabling the um I have not received the bid back for the voicemail bridge. um that is being reviewed by the DOT currently. Um and we're waiting for them. So it I think I told you this at our last meeting, but I we might need to schedule a special meeting for that as soon as we hear back from the DOT. Um for the road maintenance agreements, I have

Where is the first one? Alex in the in the drive you mean? No. What road is where? What's the location? Oh, let me pull up the file.

Lower weightfield 95. Um, so 95 Lower Whitfield Road. Um, so the comments that Mary Lou had were

um uh just technical gramm grammar grammar. Okay. Um, no sub no nothing substantial. Then I'd like to introduce a motion that the town board approved the road name agreement for project identified as Alex and Amy Lewis minor subdivision is reviewed and approved by the attorney for the town. Um I'm sorry. Can we add with attorney comments incorporated? Well, it says as for you

Well, I received her comments back after I drafted the agenda. Okay. So, I just want to include so I I have amendments to the road maintenance agreements that I got from her today. So, the one the these I can tell you what they are. Um so, she like adding simultaneously here with on the second whereas um

but wouldn't that all fall under as reviewed and approved by the attorney for the town? Um, I I guess I would think that that it would be as reviewed um or with attorney with her comments incorporated unless you're saying I I think it should I think it should include with the comments incorporated because the version that we have okay does not have this then I motion to include on this with the attorney comments incorporated Second any

any more discussion? All in favor? I opposed abstain. Motion carries. Um so the next one I have to um do as two separate resolutions because we'll do the bond and then we'll do the RMA. Um, so any any comments the RMA? Um, yes. I

Well, here I'm going to do these cuz I ju I literally just got her emails like and I just printed one copy out. Okay. So, let me just grab um so I'm going to make one resolution for the bond. So, the um I'll make a motion that the town of Rochester Town Board approves the amount of the bond of $182,635. Um and that's it.

So, do I have a second? Any discussion? All in favor? I opposed. Abstain. Motion carries. They then need to send us the form of the bond and we also have to approve the form of the bond, but they only sent us the amount. Okay. Then for the RMA, um the uh we do not want to sign off on the town having the ability to undertake the maintenance of the roadway. So she is um for the dignified dwellings to add the same simultaneously here with on line four after Olster County clerk's office in paragraph three add at all times and in all weather conditions after the word lots in line three and then remove the edits in red in paragraph 3 with regard to the town having the ability to undertake maintenance of the roadway. Okay. Um, paragraph 4. At this time, there's no law that would allow us to roll over the expenses outlined in paragraph 5 onto the tax bill, but as it says to the extent allowed by law, I'm comfortable keeping that amendment in red just in case such law does exist in the future. Um, paragraph 7, line two, remove the words and the town and replace with approved by the town um of Rochester by town board resolution. So, those are the edits for that one. So, I'll make a motion that the town of Rochester town board um approves the road maintenance agreement or the dignified dwellings subdivision. um

as reviewed by the attorney for the town with her comments incorporated. Second. Any discussion? All in favor? I opposed. Abstain. Motion carried. Um we're tableabling the this background check contract because we need more time. Yes. To review it. Um, but she did want me to ask you guys if we should have Brian review that because it deals with labor.

I mean, it couldn't hurt instead of her. Sure. I'll see if he's

Yeah. Why don't Yeah. Why don't we check his availability? Um, all right. So, I'll make a motion that the town board authorizes the town supervisor to execute the contract addendum with Atlantic tomorrow's office in Wells Fargo regarding court house copy release agreement as presented with the following amendment that the court the location um be uh changed to Olter County. Second. Any discussion? All in favor?

I

opposed abstain. Motion carries. Carried. Um, so we I don't have the resolution for the town road speed limits. Um, also I think we should try to get something together for the workshop meeting with exactly what we want to ask in terms of going. Um, we could just request that we lower the speed limit to 25 town wide. Um, but I don't know how effective that's going to be. Um, okay. And then, uh, so we're skipping everything else except do we Alexis, is the is that resolution ready? I mean it's Freddy but I was hoping that um would weigh in on the issue of whether or not like um the leaison counts as um towards the non-member limit. That's the only thing that I think is kind of holding up everything. Um, I think it's if we I think a li like a a liaison wouldn't necessarily, but if like you were appointed officially, it wouldn't count

appointed as a voting member, right? Like I don't think because when you asked me to do it, it wasn't like everybody else that's on there went through the same process. So being appointed uh as a liaison is not the same as being like a voting member. Like I think what everybody wants to understand is like the the voting is not like a super important part of that committee right now.

So we don't want it to like hold up anything. So it's not important to me as being leazison to that committee to to vote. It's it's just not. So I would like obviously like to continue being the liaison to that committee but I don't have to be like a fully voting member if that makes sense. Oh. Oh yeah. I the question I think that we were on was um that climate smart want requires that there be um public officials

on the climate smart committee. And if BCC and climate are the same thing, then you or another public official would need to be appointed to the ECC officially towards the nine. Yes, that would count. Yeah. And that's what Mary Lou had decided. Yes. Yeah, that's what that's the point that we were I mean I think that we're under the nine limit person limit anyway. So it's not like a I don't think it's a limiting factor. Well, if you want we can we could table this till our workshop meeting and then we can do all the appointments and the resolution.

That was the other thing I need is the list with all the appointments. So we just double check it with both the committees. Okay. I I can get the names but I didn't have the key. Do you have everybody's term limits or Yeah, we have a spur.

Okay. Thanks. So then I wanted to double check with the committees and just get everybody to sign off. Um, but if the rest of the board looked over the resolution and sees nothing wrong with it, then that's all that's all I have except for um there was one comment from Jim saying he just wanted Mary Lou to double check that we were compliant under article 12F, the general municipal law in New York, which um I just briefly looked at it. I think it's it's fine. Um, but just to kind of check off on that article. Yeah,

okay.

That's just about New York state formation of um like climate act climate committees. Okay. All right. So, we will do the that resolution and then we'll do the appointments at our workshop meeting. Yeah. And then all those appointees will need the new appointees will need to take an oath of office. Okay. And we don't need their letters of interest or anything like that. No, Stacy has been in contact with everybody. Okay. Great. Thank you. Okay. So, discussion items. So, I feel like we covered

You didn't want to do Oh yeah, sorry you're forgetting about that. Um, so we have a second public comment portion of the meeting. Um, would Yes, Barbara. I first of all, I just wanted to say that two comments. One sounds to me like the code enforcement office, you're asking them to do a full-time job on part-time hours. So I don't know if they're there from 8 to 5 five days a week. That's about if they are then my comment is inappropriate. I see making

my other comment is um as far as the comments about Charlotte. Um since she is not here, I did notice the last meeting that you waited 10 minutes late starting the meeting. Obviously, she did not inform me she wasn't coming. That might be my presumption. And the fact that she's not here to this meeting. Did you know she was not coming and why and that I plan on contacting I'm not going to assume that she wasn't here. I'm not going to assume she watch Zoom. I will personally contact her by phone and if I can't reach her then I will send her an email so that she will know exactly how I feel and what I said. I will do that. So, and we'll see if he's here the next week.

Okay.

All right. Um, so I'll move on to the discussion items. Um, I just wanted to talk about board of assessment review quickly. We did receive a resignation. So, that means there's a vacancy on the board. We do have four members. Um, so, um, I just wanted to get the feel of the board about whether we should rush to try to have a full board or it might be a stretch to get it all lined up because what we want to do is advertise and interview since this is aatory board. Um, and given the time constraints, um, it might be aggressive, but I think that for this grievance day, um, it might be aggressive for this grievance day, but I think that, um, we should fill the vacancy as soon as possible so that we don't get stuck in the same position to your next round.

Yeah. The only way I think that's a good idea is if we had this perfect candidate that wanted to step out that has done this job before and was ready to slot right in with this board. Uh beyond that, I think it's inflammatory to try to to write a rush check. I mean, I think we need to make an effort to have a full board given all the sensitivities around us. So again,

I think we need to make an effort to have a full board if we can if we want to solicit uh additional people interested and we have to do a special meeting. I don't know Erin if you could support that but I think it's if we can get somebody um I know we only have one week but I think it'd be beneficial. I don't know if we've talked to the to the B what they're feeling is running it with four people but they feel that they're adequately staffed to do it with with the four people for this. Yeah,

I think they also I spoke to Marge, she's felt that adding a second person at the very last minute would be disruptive.

Yeah, I feel that it's very unfortunate that this happened. Um, but this appointment would be in a seat that expires 2028. So, it's not like we're just appointing someone for this one. However, it's very unfortunate because this is a very significant grievance day and any conflicts that any board members have is just going to mean, you know, that they um would be reduced to three. So, um it's just going to make it difficult I think um in that if those issues come up. But I agree that um you know it's not about having just someone sitting there you we want to have the right we want to be appointing people that we really vetted in the same way

and have had the time to go through the training. Yep. Yeah. So I I don't I talked to Mary Lou because I was a little concerned that maybe we like had to which is one of the reasons why I put it on the agenda and she said that we did not have to like it's not considered like um so you're the odd one out this time. Um okay so I wanted to review the where we're at with the code enforcement. The conclusion is to point someone after a grievance state. Yeah. Yeah. Yeah. Sorry. That is the conclusion of that. Okay.

Um so for the code enforcement um software selection, we issued um an RFP that closed May 8th. We've have three responses that we've received. the board wanted to have involvement in the decision makingaking. So what I wanted to do is the code enforcement office and myself have met with the three vendors and um what I wanted to do is then just offer or do intros with any board members that want to set up meetings with the the vendors to check the programs out yourselves.

Yeah, we have three I know you and Charlotte had said that you wanted to sit in on meetings, but I think the best thing to do is have you guys set up Yeah, it's fine. I can do it. Okay. Did anyone are Alexis or Zal, are you interested in that? I can add no value. Okay. I mean, I just have some privacy questions that maybe if I can just submit a couple of um thoughts and then I don't think I need to sit out on the meetings as long as they're covered.

Okay. So um either so for that if you have questions you want asked of every um vendor typically what we do is we would uh put that like on letterhead and then circulate it to everyone so that they all respond to the same set of questions. So I'd be happy to execute that if you want to get me those. Um, okay. And then I'll just set up an intro. What's a deadline that you want for that?

Well, I think it would if we're able to try to make a decision in two weeks, but if not, I really want to do this by our first June meeting because it takes about eight weeks, 8 to 12 weeks for the onboarding of these programs. Okay. Um, and then I think we talked about the code enforcement office priorities update at length. So if I think maybe I gave these out as paper, but I will circulate these um the sort of uh information the code office had put together for me for our last meeting regarding their operations and time and and things that they've been identifying and want help with. Um, okay. Updated lease agreement with the town of Rochester Food Pantry.

I talked to them. They're okay with the draft they had. Um, they just need their chair just needs to review it, but I don't anticipate any problems. So, I think that um there won't be any substantial changes. It'll just be minor clean up. Okay. So to adopt at our workshop meeting then or Okay. One question I wanted to ask mostly your opinion but the whole board. Um

we had a conversation about just like the boundary between the pantry operations and when there's like conflicting programming. I think we came up with I think the language in there is great. Um, now that we have the um, playground equipment, we're keeping the gate closed. And the gate didn't used to be closed, but they did have a policy that when the kids were in the back, they couldn't there couldn't be any through traffic, so no vehicles driving in. And um I think that's clear to most people, but I think they've had a little bit of some we can clarify that,

but I don't know if we should clarify in the lease or just clarify it like I just wanted to get your I don't think we should do it in the least, but I think we should do it as a general understanding. Okay, that's that was what my sense was because they should have access to this their back door at all times. Yeah, but I wasn't aware that they drove cars back there, but they'll drive into the gate and when there's kids right there playing, they've had a policy. I think it's just And I said I'll put a sign on the gate, but I didn't want to like pop a sign on the gate and then be like, "What's this Okay. Um, gate's not locked, it's just closed. It's locked."

That makes it that sort of makes it self-solving problem. Um, so theou for the close for free, did you have a draft for that? Yeah.

Um, I think we should probably have Mary look at it. It's pretty basic. If I can find it here. Um, let's see. So, I made it with, you know, the individual who's been um organizing the fundraising for the shed. I don't know if we should have it be with the organization, if the organization even has any formal designation or if we should uh have her sign on behalf of uh the shed. Um, I essentially I'm saying that the shed is going to be purchased on behalf of the group and then donated to the town delivery and installation. Does that align with what you were expecting? I think that's what they were saying they were willing to do. Uh, installation it's going to be sole property of the town. Uh, group and its members shall have no ownership interest claim or right to remove the shed. um they have group a revocable license. So we have the ability to take their um the agreement to use the shed away if there's any need the town has do that. There's no lease teny or any property interest that the group has the shed.

So risk of loss is fully yours. Um, yes, that's how it's currently phrased. Uh, used solely for the operation of the free clothing exchange program, a group shop, exclusive operational use of the said shop subject to the town's right to access the shed for inspection, maintenance, and or municipal purposes. Um, I currently have access 7 a.m. to 7:00 p.m., seven days per week, unless otherwise approved by the town. However, access will not be available while the town's after school program is in session. currently from I put 3 to 5:30 Monday through Friday.

Yeah, we should talk uh to the recreation department about that because um there have been some they had did want to make sure that there were clear guidelines around yeah access. Yeah, let's just get there what hours of access they feel comfortable with.

Um clothing and related materials may be stored in the shed. The pound shall not be responsible for lost theft or damage to any stored items. Um, they shall not store hazardous materials or refues, use the shed provitation, install additional structures, utilities, or storage areas without town approval. Uh, not make any modifications to the shed, including electrical installation, structural changes, or additions without prior written approval from the town. Uh, town highway department, I wasn't sure if this was the case, shall assist with site preparation and placement of the shed. Did they I don't think we need to put that in there. Okay. So, you think we can remove this that?

Yeah. I'm not going to put a sh that into an agreement with them. Okay. Uh that we're responsible for the maintenance and repair of the shed. How do you feel about that? I think if we're taking ownership of it, it's reasonable,

you know. So my general feedback is that um thank you for drafting this. Um, I think one thing, one thought that I have is if we could frame theou more around the arrangement that we have with them using the community center. Generally speaking, outline in that agreement a a cleanly like a leave a standard of leaving the room and um, you know, that sort of thing. and like garbage removal and and like just those really general things. What I what I the way I've handled that is I would put it in the OU a phrase that says that uh the town of Rochester provides uh will provide access to or provide use of the community center subject to rules as may be adopted by the town board from time to time so that you're not outlining what the rules are now but right you have the right said

and then I think they sort of I think they should be more responsible for this shed while the arrangement that they are using the community center is in effect. Does that make sense? Mhm. Like you're saying including repairs and Yeah. because it's really for them and them saying we'll leave it here if we when we leave is just I feel like I don't want to go too far in saying that we own this. I don't know if what I'm saying is

okay. Um, do we want to require any general liability insurance or how do we want to handle insurance for I think we need to make sure that our our insurance covers this use and if our insurance covers it. What is their legal status uninccorporated association? Y they have a name. It's just a volunteers. So, um, can you run that down or do you want me to? I can run it down. Yeah.

Uh, some demandification language known risk. So, I put a term here. I don't know if we'd want to have a term, but three years as the initial term of the agreement. That sounds I think we should have a term. Yeah. biggest um termination jury trade

termination for cause um fact that if they cease using it uh the agreement can be terminated uh and we retain the right to use repurpose or access the shed and property for municipal purposes with reasonable notice and I think that's it so I can go back and make the specific changes for use of the community center but no And then you want to submit it to Okay. See if there's any.

Okay, great. Um, thank you. Any other comments about that before we move on? Okay. Um, the draft body camera policy. Um, Michael, you presented a new version today. Yes. after you spoke with our special counsel Brian Goldberger. Um, did you want to walk us through Yeah. discussion.

Okay. So, I know that reminded me that last time we had talked about this applying uh including the constabularary, but when I spoke with Brian, there were other considerations he had in terms of requirements for retention and other specific laws outside of some of the laws governing things like foil that he felt like we needed to include there. Um, and so my recommendation or what I told Brian was I would come back to the board and say, "Let's look at this policy from the perspective of code enforcement and building department because I think they have an immediate need to have body cameras um that they're and they're they want to do that specifically for um when they're out in the field." And then we can always uh have Brian and I've already requested that he make edits specific to uh incorporating the constabularary in this in any additional language. So um I made some modifications. A lot of what he had was u making sure that there were shoulds changed to shalls or musts um to make sure we know specifically when it's required uh for people to have body cameras activated when it's required for them not to have them activated um and changing some of the the the um discretionary instances. So if you look at this version um I've accepted the previous changes you could see I've removed the language about constables constable specific um uses. It made it uh clear that it's a requirement that they only utilize bodywn cameras that are issued by the supervisor's office. The supervisor's office is the um authorized office in terms of monitoring those equipment, ensuring that the footage is being

properly taken care of for viewing footage. Uh requirement that audio is always enabled for recordings. Uh, I changed the discretionary uh basically to say um uh if or when the body warn camera is activated, if there's a need to turn it off because of priv privacy concerns, they either have to state on the footage why they're turning it off or provide written a written explanation um why they were deactivating it if they were in a situation that was potentially uh private or in an area where

Is there a time limit on that? um for them to have it disabled or for them to provide notify the writing and writing if uh yeah know that's a good point on the writing side. And Brian approved that. Um he had he had looked at this previous language but he said don't he he was saying don't make it make it clearer that it's not discretionary. If you want them to have it on then you should they should have it on. But this language was in the original version that was in there. Um it actually had more situations where they could deactivate it. Okay. But he approved it as it is now. He hasn't he well he has this version but he hasn't gotten back to us. So if we don't want

we want to table this then we should table it.

Uh notifications mandatory for schedule inspections and when entering residences. Uh he wanted us to make it clear that uh if they fail to record when it's required they may result it may result in disciplinary action. Um, I added, however, longer retention is authorized for evidentary purposes or to align with state law just to make sure that we're not counter to other laws. And then he wanted to make sure that we were doing we were requiring ourselves to do annual refresher training by the manufacturer um and that it's reviewed annually and updated to ensure proper compliance. So, I added that language in there and I added an additional check for the employee to sign off on that they acknowledge they will only use more papers that have been issued by the supervisor's office. So, Erin, it sounds like you want to have Brian sign off on this. So,

I thought he did. I thought you I was what I was specifically asking about is when recording his discretionary section. Mhm. Um because like it says uh restrooms, but like they inspect restroom. So I think I just for I think that's just the part where like either they're the default is to have them you notify whoever you're doing the inspection on of that that you that you're wearing a body camera. But I think um so do you want to just remove the discretionary section?

I mean I I guess I'm just asking if we think it's clear enough. I I think there's no issue. I mean he was for he was advocating for much clearer like it's on or it's off. Yeah. So that's what I'm I I don't think he would have an issue with us removing any section that implies that there's discretion of the employee. We tell them when it's supposed to be on and tell them when it's supposed to be off. But who does the training? Is it a vendor?

The vendors, many of the vendors do provide it and that was his recommendation was have them provide the training for it. So, do you want me to take this back to him and say we want to remove the discretionary section entirely? And then we also have when it's prohibited or limited. So, we we'd have to get them to sign off on that.

Well, why don't we, if you guys are okay with it, um, start looking for start the procurement process and get the training lined up because I think the training should be lined up when we adopt the policy, right? Um, well, yeah, because we can't deploy. We have to, right? But I guess if if Brian like signed off, I could I'll ask specifically about those.

I mean, he didn't go line by line or send me red lines that I then incorporated. He told me these are the changes I would make. So, if we want him to like specifically say, "Yes, I agree with everything this text," then I'll talk to him about that. You guys have any opinion on whether we should vote on it tonight or async figure the training out and make sure that it's

all right. So I get the training figured out. I mean, do you have vendors lined up that you want to I've been looking, but I don't not it's it doesn't elevate to the level of needing to get quotes for the cost, but if we're saying we want to have a training lined up, I hear that Axion has a New York state contract. Axon? Yeah. Yeah, they do. They do. Uhhuh. Do they also provide training? Uh, I know. I'm looking into them for something else and I know they provide the training for that but I can see about the body cameras. I have like a call in with them so I can ask and package deal.

Yeah. But yeah, I actually have been in touch with them so I can just work.

You do? Um but yeah, they're on state contract. Um okay. Any other matters from the board? No. Okay. Um our what we identified for the May workshop meeting is we're going to do the climate smart resolution and appointments. Um we are going to adopt to the plan is to adopt the body camera policy. the lease agreement with the food pantry. Um, and we will discuss the code enforcement software selection, the code enforcement office priorities. Um, and there are some things that we tabled tonight that I'm hoping will get back to us in time to be uh on that agenda. Um, and I'm also hoping we can talk about this speed limit. Um it's just that time of year now where um resolution I have some models but I think identifying what our ask of the county and the state are is really what we need to nail down for that. So, um, I'm going to make a motion that the Town of Rochester Town Board enters into executive session at 9:30 p.m. for the purposes of discussing matters regarding the employment history of a particular person, matters leading to the appointment of particular persons, um no discipline and matters regarding the litigation

um between the town of Rochester and Richard Miller. Second. Any discussion? All in favor? I opposed abstain. Potion.