Town Board Public Hearing/Regular Meeting – June 2021

Town of Rochester Town Board held a Public Hearing on proposed Local Law #3-2021 amending Chapter 132, vehicle and traffic/Regular on Meeting June 3, 2021 at 6:30pm via
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
Listening Dial in Number +1 929 205 6099 Meeting ID: 818 3456 7947 Password: 560286
Join Zoom Meeting https://us02web.zoom.us/j/81834567947?pwd=MXJaSGk2aXZkUnBCSGNrRUp0Ukt2QT09

Supervisor called the meeting to Order and led in the Pledge of Allegiance to the Flag.

PRESENT:

Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Councilman Adam Paddock -6:37pm
Supervisor Michael Baden Deputy Town Clerk Christina Ferrara
Town Attorney Marylou Christiana

ABSENT:

Town Clerk Kathleen Gundberg Highway Superintendent Jeff Frey

PUBLIC HEARING ON LOCAL LAW 3-2021: AMENDING CHAPTER 132, VEHICLE AND TRAFFIC

NOTICE IS HEREBY GIVEN, that pursuant to Town Law, the Town Board of the Town of Rochester, will hold a public hearing on Local Law 3-2021, Amending Chapter 132, Vehicles and Traffic to add amend No Parking areas in the Town of Rochester on June 3rd, 2021, commencing at 6:30PM via videoconference and teleconference, consistent with NYS Governor’s Executive Order 202.1 and successors addressing the COVID-19 virus.

PUBLIC COMMENT SUBMITTED FOR THE RECORD:

Sonya Luma:
Hi, my name is Sonya Luma, and I am a neighbor that lives on Sunset Drive and is right across from the new Ice cream business. The traffic of this business for this dead-end road is not equipped to handle the volume. The road is blocked to only allow one car and sometimes that is difficult waiting for cars to move. If there was an emergency, it would be difficult to get though during the day and evening because of this business. The other neighbors as well have issues with this traffic I have received pics from other neighbors that are included in these. We are requesting no parking signs and enforcement to that. These pictures are from April to May 19, 2021, and summer has not even started.

Photos sent for the record.

These are from May 18th to today. Many issues, including parking in the middle of the road waiting for the person to come back with ice cream. The white truck on May 25th at 6pm.pulls in does not fit in the parking lot backs up in our driveway pulls forward and sits. In the meantime, two more vehicles go into the parking lot. Picks shows step by step of the truck maneuvers.
May31st at 4pm Tan car pulls in and no room, so they park at the end of the parking lot half sticking out creating traffic issues. In all of these photos the parking in the ice cream parking lot is scattered all over and as well in the non parking areas. Interrupting the people that live on this road. Please do something about this, No Parking Signs and a different entrance for the ice cream business.
Code enforcer should be checking the parking situation as well for the business.
There should be some type of organization in that lot for parking!!
Please show these as well and read.

Sonya Luma: Just making sure the Town Board knows she is pushing for the no parking signs to be placed on Sunset Dr. Wants to make sure you received the email and photos. (Confirmed)

SJ Cantor: Just listening at this time.
John Hayes: Rock Hill Rd resident and just listening tonight.
Robert Maloney: Rock Hill Rd resident; listening
Zorian Pinsky: Just listening

Robert Christian: SEE ATTACHMENT

Mark Ferran:
As residents that reside on Rock Hill Rd at 251 between the intersection of Rock Hill Rd / Knob Hill Road and the beginning of Rock Hill Road at County Road 6 Any law that prohibits parking alongside the road by our property is unacceptable and unfair and unsafe to our community.
Hi, my name is Mark Ferran representing Family and Friends Cottages 251 Rock Hill Road.

Our property is located on both sides of Rock Hill Rd about a mile up from the beginning of Rock Hill Road at County Road 6.
It is before you get to the intersection of Rock Hill and Knob Hill Road.

Is this proposed law going to affect our parking for our seasonal residents?

The wording on the Law says from the Intersection of Rock Hill and Knob Hill Road to the Terminus of Rock Hill Road which I assume means Rock Hill Rd only past the fork at the intersection of Rock Hill and Knob Hill Roads.

Please advise as that would negatively affect our residents

Kieran Kinsella:
This is Kieran Kinsella, property owner of the garage building on 30 schoolhouse rd.
I am writing to comment on the amendment to chapter 132-2b on parking.
I am fine with the amendment but do not want to see no parking signs everywhere especially on my property. I work at the building 6 days a week and have never had a problem with people parking on this rd.
The only time people have crowded the street parking was for town events at the community center, and that is fine by me.
As a town we should save the money on signs on schoolhouse and if it becomes a problem do something then.
Please no signs on my property!

CLOSURE OF PUBLIC HEARING:
Resolution # 188 -2021:

A Motion was made by Councilwoman Haugen-Depuy to close the Public Hearing on proposed Local Law #3 of 2021.
Second: Councilman Paddock

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

After the Board closed the Public Hearing Supervisor Baden Stated: For the members of the public hearing all of the emails that have been received, have been distributed to all the board members. They have all had an opportunity to read them and they all become a part of the record, the same as any public comment that was spoken this evening.

SEQRA DETERMINATION- LOCAL LAW 3-2021: AMENDING CHAPTER 132

EAF Part II

Supervisor Baden: There is no change in traffic level it’s a rule that is banning parking. One of the letters states the Town of Rochester is going against the zoning and against the comprehensive plan by doing this because it’s the hamlet area and it should be encouraging people to congregate in the hamlet area. That would be the case if we had adequate width to allow parking along the road. The width of the road is not wide enough to allow a designated parking space even on only one side, we are doing this in the interest of safety not going counter to the comprehensive plan or the zoning code.

Councilman Hewitt: Good Point, if there ever is a time that Accord grows, we want to encourage on street parking. The little strip could be a good exception.

Attorney Christiana: Remember that you’re not only talking about that one road, but when talking about hamlets, you are also talking about Schoolhouse Rd, but there, it’s a safety issue for fire apparatus and firemen getting through.

Supervisor Baden: In all cases that the Board is proposing, it’s just not physically possible to create parking areas given the width of the road. If we could acquire land within the Town, create a parking area that the Town has a right of way over, that would be a great alternative. All of these roads are on the list for various reasons.

Councilwoman Enouen: The idea of a hamlet is that it’s a walkable district that’s mixed use; in many of these cases particularly Sunset Dr. People are driving and parking they aren’t walking in a hamlet district. A solution would be a positive for this business for people to have better access.

NEGATIVE DECLARATION OF PROPOSED LOCAL LAW # 3-2021:
Resolution # 189 -2021:

A Motion was made by Councilman Hewitt that based on the information and analysis and supporting documentation, the proposed action will not result in any significant adverse environmental impacts. (Negative / Declaration)
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

REGULAR TOWN BOARD MEETING:

DISCUSSION OF PROPOSED LOCAL LAW# 3-2021: VEHICLE AND TRAFFIC AMENDMENT

Councilman Hewitt: I think Tobacco Rd is unnecessary.

Attorney Christiana: If you make the amendment, that is a substantial amendment which you cannot vote on until you’ve had that amendment for eight days as long as you’ll email everyone with the amendment tonight.

LOCATION CHANGE TO PROPOSED LOCAL LAW # 3-2021: VEHICLE AND TRAFFIC:
Resolution # 190-2021:

A Motion was made by Councilman Hewitt to change the location of Tobacco Road restrictions to read as Main St to the rear boundary of 15 Tobacco Rd.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

PUBLIC COMMENT REPORT:

Written comments submitted for the record:

Glenn Pomerantz:

I understand that at the upcoming Town Board meeting on Thursday, 6/3/20201, it is on the agenda to determine how much money to budget for the Marbletown First Aid Unit to cover the “Clove Valley” area of the Town of Rochester. I would like to provide some input. Please share with the board.
I attended the open forum meeting that Marbletown had last week where they discussed the matter of funding Marbletown First Aid Unit with a partial paid staff. In that meeting, they stated they are looking for $5000 from Rochester. They tout this as being about $50/house. As per their numbers, they cover about 100 houses in our district.100 houses X $50/house = $5000
I believe the Town of Rochester has about 2500 houses (PLEASE CORRECT ME IF THAT IS NOT ACCURATE). At the rate of $50 a house, KAFAS should be getting: (2500-100) houses X $50/house = $120,000 In actuality, we have been getting $22,000/year. (It has been the same amount for well over 10 years.) $22,000 / 2400 houses = $9.17/house If we round that amount up to $10/house we are talking an equitable pay out to MFAU of $1000: $10/house X 100 houses = $1000I will attend the meeting should you have any questions. (You can always contact us for questions at info@kafas.us or you can contact me directly at gapref01@gmail.com or 845.656.1284.)

Cristina Brill:

I am writing in regard to the solar panel project and or rail trail plans behind Samsonville rd. I live at this location and would like to step up and voice my experience on the subject. This area is grounds for dumping, garbage, loitering and recreational use already!! I have had issues with several unknown persons in my backyard at all hours of the night. This is a huge issue and putting a project for a rail trail and or beach area is just out of line all together. I would like to purchase the small partial of land behind my home how would I go about doing this?? I will be collecting data to appeal to the board to review in reasoning to stop the project. My solution to regulating the issues the residents have with this is to gate the access road and have no trespassing signs immediately.

Glenn Pomerantz: I’ve been with Kerhonkson / Accord First Aid Squad going on 40 years. We just found out that we will no longer be provided mutual aid in our district, there is a shortage of EMTs. Asking for funding for Marbletown First Aid Squad that covers a portion of the Town of Rochester.
Permission granted by the Town Board for Supervisor Baden to ask Mr. Pomerantz: Some coverage cannot be done due to lacking in EMT’s and cannot respond? Unless NYS changes legislation it either must be part of a fire district or pretty much funded by volunteers unless it’s a private entity that the town contracts.
Mr. Pomerantz: True, according to New York State Department of Health to run an ambulance, you have to have an EMT on board. Currently have approximately 6-8 active EMT’s, that is usually why we can’t get a crew out. Typical ALS (Advanced Life Support) response comes from Kingston.
Beth Anderson: I’m a resident of Rock Hill Rd, an EMT and Treasurer of Marbletown First Aid Unit, my servicing district on Rock Hill Rd is MFAU (Marbletown First Aid Unit). The Pomerantz family has been an anchoring, dedicated volunteer group. Volunteerism is dying, we consider it very difficult and fragile to the public safety system, for example we put in six days per week but when one of us is not available that hinders operations. Town of Olive uses their general levy, they contribute approximately $260,000 to the First Aid Unit. They have paid drivers, and EMT’s. They no longer have volunteers. Saugerties is an ambulance improvement tax district formed under Town Law. Town of Rochester has the ability to use Municipal Code Town Law 190 to form an ambulance improvement district just as they do with lighting, water / sewer, Fire and library. Commercial services are struggling, volunteer services are disappearing. If we want medical response to an aging population, we have to choose to pay for it. There is a willingness to pay for police constabulary, fire, through the district taxes, but a resistance to emergency medical services. This is a very professional job now. I wish you’d say you’d support the $5,000. Thank You !

Robert: I’m a trustee with Kerhonkson, Glenn answered most of my questions.
Evelyn Applebaum: I would like to say I fully support MFAU. I also reside on Rock Hill Rd. I have seen them answer many calls here, sometimes life-threatening. I am getting to the age where I anticipate that it might be me. As Beth stated, the need for paid services is now in competition with so many other businesses. There is just not enough money to go around to pay people when they are competing with $15 and $20 hour what we consider low paying jobs. This is a highly skilled job that is being done. The EMT’s to be, have to pay for their own schooling, expenses, and when they come out if they do get a job, it is a very small salary. So, I fully support the payment that is on the table and I hopefully you will also increase your support to KAFAS. They do a phenomenal job with the number of volunteers that they have, and I think they would greatly benefit from adding paid services. Thank You.
#2183: We live in the cottages on Rock Hill Rd. We have the turnaround, we talk sometimes to the Highway Department for the school buses, and any trucks we try and maintain that area and clear it over on the right which is on Knob Hill. We are also a bunch of firemen and police officers up here, so if you’re talking about funding the ambulance service, we would be on board with that. It is very important. I appreciate you updating me on the parking.
SJ Cantor: I really think the EMS ambulance service is critical, it shouldn’t be thought about in optional terms. I think the proposals with both MFAU and KAFAS for greater support and funding is really important.
Mr. Pinsky: In general terms the Town needs to make this priority number one. These services should be just as important as the other important issues going on in the town. With new businesses coming in, say we have a crowd of people, if something happens and we fall short on First Aid the town must solve this problem. The Town should work out the model that provides a reliable, timely and sufficiently funded First Aid Service. Thank You.
Mr. Scharff: As a soon to be resident who plans to Airbnb a portion of my property. I would be more than happy to contribute to a tax per rental period to support local EMS.
Mr. Vitti: I would like to say hats off to Glenn, a stellar human putting an enormous amount of time and energy out for the community in his service. Being a volunteer for Marbletown First Aid, I have recognized the shortcomings of the all-volunteer model. Also seen the success that we’ve generated with the 24/7 this hybrid paid /volunteer we are currently at 80% paid and 20% volunteer. We are able to respond at an incredible rate. We are here 24/7, Ulster County 911 has leaned on us harder for surrounding communities has been a huge success, but it doesn’t come free. Historically being all-volunteer service is now becoming expensive. I live on the Rochester side of Cherry Hill, talking to folks that live in the Alligerville Fire District across the board they support having MFAU’s current model. Having a squad in the building at all times gives you a layer of safety that we otherwise wouldn’t have. As a MFAU board member and taxpayer I support the Town of Rochester contributing.
ATTORNEY FOR THE TOWN REPORT:
Attorney Christiana: I recommend we have an executive session to discuss a contract.
TOWN CLERK/ TAX COLLECTOR REPORT:
LIQUOR LICENSE:
Inness Hospitality LLC has been filed
RESIGNATIONS:
Michele Dunning- Court clerk
Michael Dunham- Assessor
HIGHWAY SUPERINTENDENT REPORT:
Mill Hook Bridge replacement continuing and on schedule. The Bridge New York Grant: due midnight next Wednesday (June 9,2021) We are asking that the rescue squad, fire district, and school bus company for letters of support requesting the Boice Mill bridge be replaced so it can be driven over by greater tonnage vehicles. If granted it will be 95% paid by New York State and 5% by the Town of Rochester. We will find out sometime in the Fall.
SUPERVISOR’S REPORT:

May 2021 report – Filed with the Town Clerk

May 2021 Financials
Revenue
Receipts received from the Town Clerk’s office $ 35,160.86

* Received Sales Tax from Ulster County $48,745.78 (1/21-3/21) 1st payment for collection

Expenditures
Abstract 4-2021
General Fund $ 69,224.33
Highway Fund $119,292.56
Street Lighting Fund $ 502.04
Escrow Fund $ 6,026.80
Grant Fund $ 4,000.00

SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:

Assessor Report – Grievance Day 5/27/21 – 1 appointment, 10 drop off applications, 6 stipulated agreements for a total of 17 applications received. The Board is meeting on June 6 to discuss the cases.
The State has finalized the Equalization rate for the Town of the 2021 roll. Will remain at 100%.
Department of Finance – Tax warrant was paid by the Town Clerk / Tax Collector. Paid To Supervisor $2,719,215.23. 2021 warrant abstract satisfied as of 02/01/2021.
Department of Transportation: $370,281.30 available in CHIPS funding. $146,015.41 PAVED NY funding. $141,612.19 Extreme Winter Recovery. = $657,908.90 for road improvements.
Letter of appreciation commending two young men working at the Transfer Station working the weekend of May 15th. They helped this person recover cars keys that fell between the curb and one of the bins. They came to their aid with cheerful help and without hesitation. Your employees deserve to be recognized, thank you for having such a great staff.
Signage – Municipal parking lot area to eliminate people driving through and parking in fire district area.
COVID-19 Report – 3 cases in Town of Rochester; Approx. 50 in Ulster County
NY Rising – Alligerville Firehouse update- building permits secured /general contractor in process of securing a plumbing and asbestos removal contractor.
Memorial Day Parade/Veterans Park Ceremony – Thank everyone involved, Fire Districts including fire district police, and Aaron Santillo; Town Board members; Highway Superintendent Frey; Town Clerk Gundberg; Recreation Department Ashley Sweeney and Bethany Dennin; Chief Miller and Constable Mark Smith; Tom Crotty and Jared Gundberg for driving highway trucks and the Highway Department for designing the Recreation Dept. float.
At the Service: Thank you; Ray Bryant; Adams Fairacre Farms for wreath; sound system Vincent Nigro; vocals Lene Fornino.
Summer Recreation Program – Took reservations this past week. 2- three-week sessions, limiting to 1 three-week session per camper.
Playground Equipment- First shipment has arrived, 2- 3 weeks until next shipment arrives.
Code Enforcement Vehicle – Bear damaged hood of truck.
Ash Tree Arts Festival – Historic Preservation Commission is hosting the Ash Tree festival on 6/5 for local artists to creatively turn cut Ash trees into art. There will be entertainment, tables from Friends of Historic Rochester and the recreation department has planned a Scavenger Hunt for kids.

DEPARTMENT UPDATES/ LIAISON REPORTS:

Councilwoman Haugen-Depuy:
Courthouse: Justice Judge LaFlamme will have a new court clerk due to a resignation. Court has been operating at a slower pace still due to Covid.

Councilwoman Enouen:
Transfer Station: Now open on Thursday, most of the new signs are up
ZBA: First meeting since February; One area variance on Towpath Rd, will be on this month’s agenda.

Councilman Hewitt:
ECC: Invasive species education and clean-up in May, we walked about 10 acres to learn about three primary invasive species. Received a letter from resident about pollinator gardens and the landscape screen that is supposed to be maintained by Nexamp. Will follow up with Nexamp and the resident’s issue.

Councilman Paddock: Constabulary: Court is partially open. The Constabulary answered 18 direct calls for service and other duties in May of 2021. These included:
•7 Neighbor to Neighbor and Quality of Life Complaints
•5 Resident Traffic Complaints (Clay Hill Rd., Store Rd., Sunset Dr; Towpath Rd. and Whitfield Rd.)
•2 Environmental Complaints, (Rochester Center Rd. and Granite Rd.)
•11 Building Department Violations•0 New Court Cases Opened*
•23 Court Proceedings Remain Open*
•4 Court Proceedings Closed*(Due to COVID-19 Court Closures, Latest Numbers are Unavailable)

Interesting Occurrences: During this month, trespasses on residents’ properties are up again. Complaints regarding garbage being dumped on residents’ properties, vacant lands and on several local roads have increased. Neighbor to neighbor complaints have increased again during the latter part of the month. With all of them being defused successfully and without further incident. We participated in the Town of Rochester Memorial Day Parade assisting with intersection safety for the parade vehicles and joining while being in the parade itself. It was a great turnout! Due to the COVID-19 pandemic, we continue to have limited direct contact with complainants with a proportional increase in direct phone calls.

Recreation Dept: Supervisor Baden pretty much covered it all with the playground and the Ash Festival.

A big thank you to the Kerhonkson / Accord Rescue Squad. You do not know how much they mean to us until you need them. Thank you to Supervisor Baden for the great job at the memorial service remembering our fallen veterans.

Supervisor Baden: One more thank you to Rick Jones. Rick volunteered last Fall to help place three Red Maples, two Alder trees, along with the Bradford Pear tree that is a graft of a surviving tree from the 9/11 site donated by former resident Shane Ricks.

RESOLUTIONS:

ACTION ON MINUTES:
Resolution # 191-2021:

A Motion was made by Councilman Paddock that The Town Board accepts the minutes of the May 3, 2021, Special Meeting, May 6, 2021, Regular Meeting, May 13, 2021, Special Meeting 1, May 13 Special Meeting 2, and May 24, 2021, Special Meeting. The minutes of the May 26, 2021, Public Hearing, and May 26, 2021, Workshop meeting are tabled.
Second: Councilwoman Enouen