Town Board Regular Meeting – July 2019

The July 2, 2019 Regular Town Board Meeting was held at 6:30pm at the Town of Rochester Town Hall.
6:00pm Town Hall conversation with County Executive Pat Ryan

County Executive Pat Ryan held a community forum with Residents of Rochester. Major concerns for our area ranged from environmental issues and concerns, pushing towards 100 % renewable energy, protecting our agriculture and water resources, how to tackle the opioid epidemic, mental health programs, how to redefine the justice system, poverty in our county and how 40 % of residents living paycheck to paycheck, economic growth and job opportunities, infrastructure with the 2% tax cap, emergency services rate of responsiveness.
The meeting was well received by both the Town Board and residents of the Town.
The Town Board Meeting began at 6:33pm.
Councilman Brian Drabkin Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Supervisor Michael Baden
Town Clerk Kathleen Gundberg Attorney Marylou Christiana


Councilwoman Cindy Fornino


Supervisor Baden opened the meeting and led in the Pledge of Allegiance to the Flag.

Resolution # 174-2019:

A Motion was made by Councilman Drabkin accepting the minutes of the meetings listed;
June 6, 2019 Regular Meeting
June 27, 2019 Audit/Workshop Meeting
Second: Supervisor Baden
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino- absent
SUPERVISOR’S REPORT: June 2019 – Filed with the Town Clerk

July 8 Planning Board Regular Meeting Town Hall 7pm
July 9 Community Park and Rail Trail Ideas Session Town Hall 6pm
July 11 Environmental Conservation Commission Town Hall 6:30pm
July 15 Historic Preservation Commission Town Hall 2pm
July 16 Ulster County Legislature County Office Bldg., Kingston 7pm
July 17 Youth Commission Harold Lipton Community Ctr. 9:30am
July 18 Zoning Board of Appeals Town Hall 7pm
July 25 Town Board Audit/Workshop Meeting Town Hall 6pm
July 29 Planning Board Workshop Accord Firehouse 6:30pm
Aug 1 Town Board Regular Meeting Town Hall 6:30pm


Attorney Christiana is very busy with Code Enforcement, Building and Planning.


Grievance Day Report/2019 Revaluation:
There were 12 grievances presented during grievance day, of which 7 scheduled an appointment, one was a drop in, 4 dropped off materials without seeking a meeting with the BAR. Of the 12 submissions the BAR unanimously felt that seven provided sufficient evidence to warrant a reduction in their assessment, resulting in a total decrease of assessment value $ 286,000. The BAR believes that the number of actual grievances this year was much lower than would be anticipated in a revaluation, given that a large number of residents did come in and discuss the issue with the Assessor’s office.

Annual Update Document:
The Town of Rochester AUD has been filed with NYS by the Town hired accounting firm. For the 2018 year we took in more revenue than budgeted and spent less than budgeted.

The Town of Rochester received notification that the LGRMIF grant was denied funding. Supervisor Baden stated this grant was for records in the Building Department. We will take the recommendations and apply again in the future.

Community Composting:
The Town of Rochester’s composting program has been successfully received by the residents in the first month.
Councilman Drabkin suggested weighing the container to see approximately how much of a savings we are getting using the composting program.

Community Park and Rail Trail Ideas Session:
Last year the Town applied for a revitalization grant for the Town Park and was denied. One of the reasons was not having a community park and rail trail meeting. The Town has scheduled a Community Park and Rail Trail ideas meeting for July 9, 2019 at 6:00pm at the Town Hall.

ECC Rondout Tire Recovery Event:
After much success from the Riverkeeper event members of the ECC decided to go out on the river and try to get some of the tires. The group was able to collect 30 tires.

Camp Rav Tov:
The Ulster County Department of Health has issued the permit to operate a Children’s Camp at 350 Cherrytown Road Kerhonkson.
Councilwoman Haugen-Depuy: I still have not received an answer on how we are going to make sure of the accuracy of immunization records for camps.

Hudson Valley Resort:
A number of the buildings on the property were condemned. The Main building is operational and granted temporary occupancy in the main room. The Owners and the Town Code Enforcement Officer are working together on this operational effort.

Town Hall Ventilation Update:
Supervisor Baden met with Daniel Ryan, Mechanical Designer to discuss the air quality in the Town Hall. One end of the building holds more humidity then the other. The Board can review the services proposal and discuss it upon reviewing.

Short Term Rentals – Rochester:
Supervisor Baden received the confidential list from Ulster County of potential short term rentals in the Town of Rochester. There are 99 parcels listed for the Town of Rochester.

Rosendale Cleaners Superfund Site:
NYSDEC invites public comments through July 26, 2019 for proposed expedited cleanup of contamination related to the Rosendale Cleaners site # 356050.


Councilwoman Haugen-Depuy: Building Dept: for the month of June: $ 4,086.30- building permits, C/O: $ 1040.00 for a total of $ 5,326.30.
Court: one justice court account balanced, one justice court account has a $ 5.00 discrepancy.
Councilman Hewitt: ECC: Madeline is doing excellent as co-chair.
Councilman Drabkin: drove passed the deep hole and there were approximately 6 cars parked on both sides making it a very narrow roadway.
Chief Miller: the Constables have patrolled on the 3 hot days last week and issued 8 traffic violations (all out of town people).

Chief Constable Report

In addition to the attached Court Security schedule the Constabulary answered 21 direct calls for service and other duties in June of 2019.
These included:
• 13 Neighbor to Neighbor Issues and 9 Solutions, 5 are Ongoing
• 5 Resident Traffic Complaints (Samsonville Rd., Whitfield Rd., Cherrytown Rd., Fischer Rd., Krum Rd.)
• 3 Environmental Complaints (Van Tine Rd., and Queens Hwy., Lower. Granite Rd.)
• 8 Building Department Violations
• 36 Court Cases Started (2 Town Law, 34 NYS VTL)
• 99 Court Proceedings (PL,VTL,TL) are still pending or in process Month of June fines/fees (1st-31th) $2266.00 with $454.00 NYS Surcharges. Interesting Occurrences: We responded to a woman who had fallen off a horse at a local resort suffering a head and arm injury. She was transported to Ellenville hospital. We received a Thank You cad from the family of the gentlemen whose motorcade we participated in. (Attached) One of our Officers assisted in herding of goats back to their pen on Samsonville Rd.

As requested, the following is a report on the Minnewaska Traffic Detail. Over the 5 Weekend Dates (June 1-2, 8-9, 15-16, 22-23, 29-30) We were able to provide coverage on 5 Days (June 8,9,15,22) Several days were rained out and our presence would not have been beneficial nor necessary. Also due to scheduling difficulties including an overall shortage of personnel. On the dates we were in service, 52 VTL Tickets were issued. Many of these were parking related and have already been pled guilty to, fines assessed and paid. Totals will appear on next Month’s report.

As requested, the following is a report on the Building and Zoning Violation Detail. Over the Month of June, 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 11 additional properties that need to be visited to address violations evident from the roadway. 3 Hours of time were expended. 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.


Judy Hasbrouck: Can’t seem to communicate with the Code Enforcement Officer Davis. I left messages, asked about 3 properties and he doesn’t resolve the problem. I have concerns with unregistered vehicles and oil leaking into the ground and water.

Robert Conley of Cherrytown asked what is going on with Camp Rav Tov? Monday night in the middle of the night an armed security guard discharged his weapon within 500 ft. of homes.
Supervisor Baden stated that approximately 1am on July 1, 2019 the Sheriff’s Office received a call of weapon discharge. The gentleman was issued a violation, Supervisor Baden stated he will follow up with the DEC.

Councilwoman Haugen-Depuy: That’s all well and good but how are we going to know the guard has proper training?
Supervisor Baden: As a Town we can’t oversee training requirements.

Another resident of Cherrytown stated that residents deal with garbage and noise and traffic for years, now we worry about a 1 am gun shooting? Where is the next bullet going to go? Into a house? The Camp has now brought violence to our Town, we live here enjoying the wildlife and to hear that a guard killed a 3 month old cub is vile and disgusting.
Another resident stated how something needs to be done with the noise. At 2 am it sounds like a rock concert going on, can’t there be laws on the books for decibel readings or sound tests?

The Town Attorney stated the Board can look into amplified sound ordinance for the Town. The Board agreed to look into more information regarding it.

Tom Felter of Cherrytown stated that the people in our area have been more than neighborly, why can’t the camp be the same way and stop the PA system at a decent time.

Another resident stated that during the day the parking/traffic issue has been resolved however in the middle of the night buses are blocking the road completely. The people on the road have suffered immensely, we need to solve some of these problems.

NY Rising – Community Center Construction, Alligerville Firehouse:
Alligerville: We are at the design stages, working on acquiring the roadway from the County. The food pantry is almost complete. The Community Center is under construction. Mold was found in the bathroom. If the Town pays for the removal of the mold, we can have it completed within the week and be back up and running with construction. If we wait for the State it may delay construction up to a month.
Supervisor Baden received 2 quotes for mold remediation and prevention.

Bio-one, Inc.: for the amount of $ 500.00
H & H Environmental Co. for the amount of $ 4,000.00

Resolution # 175-2019:

A Motion was made by Councilman Drabkin to accept the quote from Bio-One Inc. in the amount of $ 500.00 for the mold remediation.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

Resolution # 176-2019:

Frank Kortright $ 6.95 per ton (bid received)
209 Sand & Gravel $ 6.50 per ton (County bid price)
A Motion was made by Councilman Drabkin to award Frank Kortright the abrasive sand bid for the 2019-2020 year at $ 6.95 per ton.
Second: Councilwoman Haugen-Depuy
Discussion: Supervisor Baden stated even though the County bid price is cheaper, Kortright’s bid met the specifications that the Town Board put out to bid. The County bid is $ 4.50 less per truck load however we are driving shorter distance using less gas and wear and tear.
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 177-2019:

A Motion was made by Councilman Drabkin to accept all the bids from Absolute Auctions and Reality for surplus equipment except for item # 4 (2004 Chevrolet Cavalier)

1. 1996 International 2554 6-wheel dump truck $ 3,000.00
2. 2003 Chevrolet Silverado 2500 pickup $ 1,300.00
3. 1995 International 3800 series Bus $ 2,400.00
4. 2004 Chevrolet Cavalier $ 1,350.00
5. 9 used truck tires $ 225.00
6. Used grader tire $ 150.00
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

JUSTICE COURT CLERKS- Town Agreement for Expenditures for State Training Meal & Lodging Expenses:
Resolution # 178-2019:

A Motion was made by Councilman Drabkin to approve the NYS Association of Magistrates Court Clerks Conference for the two justice clerks. The conference is to include; lodging, meals, and training for 3 days.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

Resolution # 179-2019:

A Motion was made by Councilman Drabkin to forward the open development application to the Town of Rochester Planning Board with the following recommendations;
1. The applicant must apply for and submit a driveway permit to the Town of Rochester Highway Department.
2. The Road Maintenance / Easement Agreement shall be reviewed and approved by our Town Attorney.
3. The applicant will be responsible to reimburse the Town for Town Attorney fees.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 180-2019:

A Motion was made by Councilman Drabkin upon recommendation of Chief Constable, the Town Board appoints Jeremy Walsh to fill the vacant position of Constable, part-time, at $ 11.10 per hour, on a 520-hr. probationary basis, pursuant to the Policy and Patrol Guide as approved by the Town of Rochester. This appointment is subject to meeting the training criteria set forth by NYS DCJS for Peace Officers and all employment requirements for the Town of Rochester and Ulster County Civil Service, Constable duties shall be under the supervision of Chief Richard Miller, Chief Constable. The Town Board authorizes the Supervisor to amend the salary and wage schedule.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried

Resolution # 181-2019:

A Motion was made by Councilman Drabkin that;
WHEREAS, the Town of Rochester desires to apply to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project located at that the Town of Rochester Town Hall property, and;
WHEREAS, as a requirement under the rules of this program, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located,“ and;
WHEREAS, the Town Board understands that a local match is required for the grant and will supply said match upon award.
NOW, THEREFORE, be it resolved that the Rochester Town Board hereby does approve and endorse the application for a grant under the Environmental Protection Fund for a park project known as Town of Rochester Park Improvements and located within this community.
And further, it is resolved that, said property shall be forever maintained by the Town of Rochester as a municipal park in this community consistent with the rules promulgated by OPRHP.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 182-2019:

A Motion was made by Councilman Hewitt that the Town Board accepts a donation of $200 from the Rochester Senior group and directs the Supervisor to deposit the funds in General Fund account, revenue line AA-4-2705.
Second: Councilman Drabkin
Aye: 4 nay: 0 abstain: 0 motion carried

Resolution # 183-2019:

A Motion was made by Councilman Hewitt that the Town Board authorizes the Supervisor cast the Town of Rochester ballot for the names of member Peter Fridel and alternate member Drew Boggess, Town of Olive Councilpersons, for 2 –year seats on the Executive Committee of the coalition of watershed Towns.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried

Resolution # 184-2019:
A Motion was made by Councilman Drabkin to schedule a special meeting for July 10, 2019 at 9am at the Town of Rochester Town Hall and for the Town Clerk to advertise the same.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Resolution # 185-2019:
A Motion was made by Councilman Drabkin to prepay 2 credit card bills that will be audited at the July audit.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried


A Motion was made by Councilman Drabkin to adjourn the meeting at 8:07pm.
Second: Supervisor Baden motion carried