Town Board Regular Meeting – August 2019

The Regular Town Board Meeting was held on August 1, 2019 at 6:30pm at the Town of Rochester Town Hall.


Councilwoman Cindy Fornino Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Supervisor Michael Baden
Town Clerk Kathleen Gundberg Attorney Mary Lou Christiana


Councilman Brian Drabkin

Resolution # 190-2019:

A Motion was made by Councilman Hewitt to accept the minutes of the meetings listed;
July 2, 2019 Regular Meeting
July 10, 2019 Special Meeting
July 12, 2019 Special Meeting
July 25, 2019 Audit/Workshop Meeting

Supervisor’s Report July 2019 – Filed with the Town Clerk

Meeting Calendar
Aug 8 Environmental Conservation Commission Town Hall 6:30pm
Aug 12 Planning Board Regular Meeting Town Hall 7pm
Aug 13 Ulster County Legislature County Office Bldg., Kingston 7pm
Aug 15 Zoning Board of Appeals Town Hall 7pm
Aug 19 Historic Preservation Commission Town Hall 2pm
Aug 21 Youth Commission Harold Lipton Community Ctr 9:30am
Aug 26 Planning Board Workshop (if needed) Town Hall 6:30pm
Aug 29 Town Board Audit/Workshop Meeting Town Hall 6pm
Sept 5 Town Board Regular Meeting Town Hall 6:30pm


Attorney Christiana has been very busy with Planning Board applications. The Board may want to consider charging applicants for the Town Attorney’s time. We are legally allowed to do this.
It’s becoming quite costly and time consuming.
Supervisor Baden stated that he and Attorney Christiana will work on it and present it to the Town Board at another time.

Supervisor’s Update/Correspondence Report

Art Lapp Sr. Alligerville Bridge dedication was held on July 26, 2019 it was a nice ceremony filled with friends and family.
Summer Youth Program: Summer Program is running smoothly. Last week the Rhinebeck Teachers Federation put together the traveling Wizard of Oz show at Kerhonkson School. It was fantastic. This is the week the program is off, and there is 3 weeks left of the program.
Senior Program: The group is meeting 3 days a week doing line dancing, and exercise class.
Accord Fire District: Big thank you to the Accord Fire District for all their help accommodating the Town while we are under construction.
NY Rising – Community Center Construction: 95 % of the pantry side is complete. We moved the Building Dept., Planning/Zoning Dept. and Youth/ Rec Dept. to the pantry side while work is being completed on the Community Center and Office side of the building.
Pickleball Court: after several requests the pickleball court is under construction. Thanks to donations the total cost will be approximately $ 1500.00.
Community Park and Rail Trail Grant: The Board will find out in December if we are approved for the grant. The grant will be completed in 2 stages the Design Plan stage and the Construction stage.
Community Composting: seems to be working well, residents have been receptive of program. Each week we are filling at least a 48 gallon container. It is costing the Town $ 139.00 a month.
Councilwoman Haugen-Depuy: do we have a savings on pulls yet?
Supervisor Baden: not yet.
Camp Rav Tov: Supervisor Baden stated he received a call of 86 cars within 35 minutes on Cherrytown Road. There was a period of time where the road was jammed for 30 minutes. Supervisor Baden spoke with the Rabbi and camp Rav Tov held family day. The Rabbi mentioned splitting family fun day into 3 separate weekends to help alleviate traffic.
Councilwoman Haugen-Depuy: The Department of Health issued a camp with a number of occupancies. The family day supersedes the maximum allowed.
Supervisor Baden stated according to the Department of Health that is the number of campers allowed to stay, this does not include staff or anyone else on the premises. This number was determined by the number of sleeping areas.
Councilwoman Haugen-Depuy: Family day is approximately 5,000 people that increase in traffic is significant, there is so much traffic on the road between May- Sept. that it is dangerous. Can we do a study to see the impact? Or suggest a Road Bond?
Supervisor Baden: what’s the recourse of the study? We can’t require a road bond on the Town Road. All in all, the Rabbi is doing his best to be accommodating and maybe we can reach out to meet with him again about the impact the traffic on the Town.

Dept. Updates/Liaison Reports:
Councilwoman Haugen-Depuy: Court: 2 accounts have been reconciled other than the $ 5.00 discrepancy issue.
Councilman Hewitt: ECC: the ECC would like to be in charge of the pollinated gardens on the Borrego projects. Supervisor Baden stated he would have to look into that to see if it’s possible.
Assessor’s office: review of the closed permits and sub divisions for the 2020 Assessment Roll has begun. 28 responses have been received for the temporary Field Assessment worker position. Mike Dunham and Supervisor Baden will hold interviews with 5 or 6 candidates.

Chief Constable Report:

Minnewaska Traffic Detail: Over the 6 Weekend Dates in July, we were able to provide coverage on 8 Days.(July 7, 13-14, 20-21, 22-23, 28) I am pleased to report that some of our scheduling difficulties have eased. On the dates we were in service, 59 VTL Tickets were issued on roadways around the Minnewaska State Park
Building and Zoning Violation Detail: Over the Month of July, we were able to provide coverage on a semi-regular basis due to scheduling difficulties including an overall shortage of personnel. That being said, we were able to identify and make a list of 19 additional properties that need to be visited to address violations evident from the roadway. 2 Hours of time were expended. The current list stands at 32. As is usual, I have taken additional several complaints and information from Town residents alerting us to properties and possible violations. We will examine each one to determine if a violation has occurred.
In addition to the attached Court Security schedule the Constabulary answered 41 direct calls for service and other duties in July of 2019. These included:•22 Neighbor to Neighbor Issues and 13 Solutions, 9 are Ongoing •7 Resident Traffic Complaints (Cherrytown Rd., Upper Cherrytown Rd., Samsonville Rd., Whitfield Rd., Old King’s Hwy., Rd., Fischer Rd., and Krum Rd.) •3 Environmental Complaints (Van Tine Rd., Queens Hwy., and Lwr. Granite Rd.) •6 Building Department Violations•103 New Court Cases Opened ( 2 Town Law, 103 NYS VTL) •85 Court Proceedings Remain Open (85 VTL, 2 TL)•26 Court Proceedings Closed ( 1 PL,23 VTL,2 TL)Month of July fines/fees (1st-31st) $2215.00 with $710.00 NYS Surcharges. Training Revenue $1050.00 Interesting Occurrences: We responded to many calls for service this month. Including several complaints at a particular address regarding mistreatment of animals, we are working with the Ulster County SPCA to solve this issue. Response to a woman with difficulty breathing due to an allergic reaction, since we carry basic life support equipment in our vehicles and an officer who was able to render basic aid before the arrival of the EMS ambulance it was then turned over to Kerhonkson/Accord First Aid Squad. We responded to a medical call of a 14 year old female overdosed on pills, all our patrol vehicles carry Narcan/Naloxone just in case. Response to a medical in regards to an elderly man lying in the road in which we assisted EMS with the traffic at the scene and the subsequent establishment of an emergency helicopter landing zone with the Accord Fire District. After a lengthy interval, the trailer on lower granite road has been removed. During the delivery of a building department condemnation notice, we received complaints in regards to the person in the dwelling scaring female neighbors and threatening violent acts that ultimately led to the individual being removed from the condemned dwelling and transported to the hospital for evaluation. We responded to the scene of a 2 car, personal injury accident near Saunderskill Farms. Since it was over 90 degrees out, and the remaining occupant was elderly, we remained and had her sit in the air conditioned patrol car until the tow truck and the woman’s daughter arrived to pick her up. We responded to a motor vehicle accident on Rt. 209 where we were able to render first aid and treated the driver’s lacerated hand. On several days this month we assisted the Town’s Highway Department with road closures due to repaving operations. We received a complaint from a local business regarding 2 bad checks being received. 1 individual has paid in full and we continue looking into the other. Lastly, provided training and re qualifications for several law enforcement agencies.


Town Clerk Gundberg received liquor license application for Starlite Motel LLC.


Several residents spoke in regards to Camp Rav Tov;

Pat Shaw lives adjacent to the camp. She thanked the constables for their assistance. Pat explained she loves living in this area however not so much during camp season. It’s not the camp so much as it is the traffic and garbage. It is scary and I worry that one or more family members can be killed. Trash is being thrown along the road.

Bob Conley stated when the constables are there the traffic is under control. There were 29 buses on Monday in a short period of time. We are cleaning a bag of litter a day alongside the roads.

Alan Fidler submitted sample copies of noise/ sound ordinances from the Town of Wawarsing and Town of Lloyd. He also asked if the Town found out any more information regarding the guard that shot the bear out of season at the camp.

Chief Miller stated the Security guard was issued a violation by the DEC and is to appear in court on August 14th.

Andrea O’Connell of Berme Road stated there is a huge trash problem. A group of residents on the road picked up 13 bags of garbage in the beginning of the year and just recently another 7 bags. Thankfully a neighbor witnessed a car dumping off a bag of garbage and it was turned over to law enforcement. Andrea asked the Board to consider increasing the fine listed on the signs.

Chief Miller stated the Town has a solid waste law in the Town Code that can be looked into further.

One resident asked about the Town creating a leash law mainly referring to the railtrail. Also the guys mowing on the sides of the roads are doing a great job! The roads look great.

Sam Zurofsky spoke regarding community composting and organic farming standards. Regulations from the federal and county level make it very difficult to compost an organic farm.

Judy Hasbrouck appreciates the trailer being moved by her property. There are still code violation issues on her road that she would appreciate Rich looking into. Thank you to the constables for their progress.


Suggested Noise Ordinance – Amplified Sound:

The Board agreed to review the samples laws presented to them during public comment period and continue conversation to discuss at the workshop meeting.

Cell Tower – Potential T-Mobile Decommissions:

Sprint and T-Mobile are merging. We have received several inquiries regarding the purchase of our land rights. The Board can review the documentation and decide from there.
Town Park Sanitary Facility Quotes:

The Town park sanitary facility costs $ 175.00 per month. Councilman Drabkin priced another company that is located in our Town who offered a price of $ 130.00. Supervisor Baden stated he will confirm the cost and since we are not in contract we can switch over to the cheaper company.

IT Consultant questions:

John Peters of Cyber Guardian joined the Board for any questions, clarification, the Board may have to ask. Mr. Peters clarified how the computers will be networked, what resources are available, firewall protection, cloud storage.

Supervisor Baden stated that he will look into other quotes as well to check comparisons.

NYMIR Insurance:

Supervisor Baden stated he will get more information regarding NYMIR insurance and bring it back to the Board for discussion.


Resolution # 191-2019:
A Motion was made by Supervisor Baden that;

Whereas, the Town Board of the Town of Rochester authorized the Supervisor to advertise seeking sealed bids for demolition of existing and construction of a storage building; and
Whereas, Specifications of bids were available at the Town Clerk Office and on; and
Whereas, Bids were due on or before July 11, 2019 at 11:00am at the office of the Town of Rochester Clerk, PO Box 65 / 50 Scenic Road, Accord, New York 12404 where they were opened and read aloud; and
Whereas, The Town Board received a sole bid from Gentile Construction, 451 Old Nepperhan Ave, Yonkers, NY 10703 in the amount of $15,000 for the demolition of the existing building; and
Whereas, no bids were received for the building construction, installation of same, bathroom and plumbing, or electrical components of the bid; and
Whereas, the Town Board finds this bid to be excessive; and
Therefore, the Town Board rejects such bid and requests the Town Clerk provide notice to the vendor.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried

Resolution # 192-2019:

A Motion was made by Councilwoman Fornino to audit and pay invoice for the NYS Magistrate Association in the amount of $ 90.00

Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 193-2019:

A Motion was made by Councilman Hewitt that the Town Board authorizes modifications of the 2019 General Fund and Highway Fund Budgets.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried

Resolution # 194-2019:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board authorizes the Supervisor to extend the Intermunicipal Agreement for snowplowing between the Accord Fire District and the Town of Rochester until June 1, 2020, dated February 13, 2019.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried

Resolution # 195-2019:

A Motion was made by Councilwoman Haugen- Depuy authorizing the Town Supervisor to request a speed study be undertaken by the NYS DOT in the vicinity of the Rondout Valley School District, primarily Kyserike Road between Route 209 and Lucas Avenue and Old Kings Highway between Route 209 and the Town of Marbletown town line.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 196-2019:

A Motion was made by Councilwoman Haugen-Depuy authorizes the Town Supervisor to request a speed study be undertaken by the NYS DOT on Route 209 from the stoplight intersection of Route 209/Main Street to Route 209/Mettacahonts Road.
Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 197-2019:

A Motion was made by Councilwoman Fornino authorizing the Town Supervisor to sign the proposed agreement authorizing the use of certain Town roadways for the charity bike ride event BRAKING AIDS® Ride to be held Saturday September 14, 2019 with the presentation of a Certificate of Liability Insurance certificate naming the Town of Rochester as an additional insured party.
Discussion; This event will involve approximately 125 riders and is not a race or timed event.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 198-2019:

A Motion was made by Councilwoman Haugen-Depuy appoints Wilton Duckworth to serve as the Chairperson of the Historic Preservation Commission and directs the Town Clerk to notify him of his obligation of oath of office.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 199-2019:

A Motion was made by Councilwoman Fornino accepting donations of $500.00 from Lisa Wiejacka for the pickleball court, $ 500.00 from RV Teachers Federation for summer program t-shirts, $ 100.00 from Charles and Pamela Stocking, $ 52.95 from St. Paulie’s Textile and directs the Supervisor to deposit the funds in General Fund account, revenue line AA-4-2705.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried

A Motion was made by Councilwoman Fornino to enter into Executive Session at 8:25pm for the purposes of discussion concerning two employee matters and 1 litigation matter as follows. The attorney for the Town and the Highway Supt. are requested to attend, and the Town Clerk is requested to attend for item I.
i. matters leading to the employment, demotion, discipline, suspension, dismissal or removal of a particular employee
ii. matters leading to the employment, demotion, discipline, suspension, dismissal or removal of a particular employee
iii. matters concerning litigation
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

A Motion was made by Councilwoman Fornino to reconvene the meeting at 9:45pm stating no action taken nor monies expended.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 200-2019:

A Motion was made by Councilman Hewitt to adopt the personnel complaint procedure as presented;

1. When a complaint is received, the supervisor’s office or town clerk will enter the complaint into a numbered personnel complaint log.

2. A letter is sent to the complainant to make the person aware that we’ve received the complaint, describe the category of complaint (e.g. discourtesy), and list the case number from the complaint log.

3. A general description of the complaint is shared with the subject employee via letter.

4. The town board makes a determination as needed, after seeking additional information if possible, whether the complaint is legitimate.

5. If the complaint requires to be addressed further, the town supervisor or designee will sit with the subject in person, with a witness, to gather information from the subject.

6. A letter is sent to complainant with a description of the results of the town board decision (e.g. exonerated, requires discipline or training).

7. Additional steps are to be taken with the town employee if needed.

Second: Councilwoman Fornino
Aye: 4 nay: 0 abstain: 0 motion carried

A Motion was made by Councilwoman Fornino to adjourn the meeting at 9:46pm.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried