Town of Rochester Town Board Regular Meeting held the December 2, 2021 meeting at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

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

ATTORNEY FOR THE TOWN REPORT:

Hoots appeal filed with appealate court. This will be covered by our insurance company.
A request for open development on Cliff Road – told to contact the Supervisor
Reviewed the UCRRA contract reviewed

TOWN CLERK/ TAX COLLECTOR:
Tax bills have been ordered

RESIGNATION:
A resignation was received from Erica Bown, Court Clerk

HIGHWAY SUPT. REPORT:

Supervisor Baden thanked the Highway Department for their hard work with the putting together the playground equipment.

SUPERVISOR’S REPORT: November 2021 report – Filed with the Town Clerk

November 2021 Financials
Total Revenue November 2021
General Fund $ 138,581.13
Highway Fund $ 2,883.94

Expenditures
Abstract 11-2021
General Fund $ 141,412.77
Highway Fund $ 168,961.73 ( there was a change one voucher had already been paid)
Street Lighting Fund $ 370.05
Escrow Account $ 4,603.50

Total Expenditures November 2021
General Fund $ 215,406.00
Highway Fund $ 218,903.60
Street Lighting Fund $ 370.05
Escrow Account $ 4,603.50

SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:
Supervisor Baden stated that he received a e-mail from a producer of the Travel Channel who is doing a documentary on paranormal activity in the region. Film interviews will take place in January anyone who has information please contact the Supervisor to get the information.
Palentown School correspondence regarding flying squirrels and some repair issues that need to be addressed.
Payment for Airport Rd Solar received in the amount of $ 59,930.76.
Sales tax for July- September received in the amount of $ 60,523.47
Basketball program had 129 players signed up. Thank you to Mike Smith, coaches & scorekeepers who make this great program successful.
COVID-19 report: 944 current cases in Ulster County. Town of Rochester has 45 new cases with a total year to date 607.
NY Rising – Alligerville Firehouse update: the roof is on, doors are up, interior will begin soon,
Referendum Cancellation: the 12/7/21 Special Election was cancelled

DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilwoman Enouen: ZBA: passed a resolution allowing hybrid meetings, so members can join virtually or in person.
Councilman Paddock: Constabulary report: Court is mostly open. The Constabulary answered 26 direct calls for service and other duties in
November of 2021.
These included:
• 12 Neighbor to Neighbor and Quality of Life Complaints
• 5 Resident Traffic Complaints (Main St., Whitfield Rd., Lower Whitfield, Mettacahonts Rd., Clay
Hill Rd., and Samsonville Rd.)
• 1 Environmental Complaints, (Wood Rd.)
• 6 New Building Department Violations
• 0 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
This month was relatively calm. Traffic, both speed and parking complaints along town roads have
increased. Garbage complaints have stayed stable and on mainly on residents’ properties. Neighbor to
neighbor complaints have decreased somewhat this month. As always, due to the COVID-19 pandemic
and the rise of its variants, we continue to have limited direct contact with complainants with a
proportional increase in direct phone calls.
Winter weather is coming! Please be safe and careful driving during inclement weather
Recreation Commission: the Thanksgiving Luncheon served 157 meals, the Children’s party is scheduled for 12/10 at 5pm, and the pancake breakfast is scheduled for 12/17.
Councilman Hewitt: ECC: did not meet. They are working on revisiting the nature series and talking on working with the recreation department on the pollinator garden. Also discussing the idea of a water quality program.
Councilwoman Haugen-Depuy: Court is starting with a new clerk, we will discuss the letter received in executive session received from the other Court Clerk. The report for the state is due this month.
Supervisor Baden: I was not able to get the list of the fire inspection report from the Code enforcement office. Once we receive those numbers we can discuss a rebate or refund.

Town Board Member Time

PUBLIC COMMENT:

Councilwoman Haugen-Depuy: read aloud for the record a correspondence received from Brian Hoornbeek;

It is with great concern that I convey to you my experience at the Town board special meeting I attended on November 17, 2021. There were over one hundred people in the room, most making comments loud enough for the Town board to hear. Most comments being made were regarding the Sueprvisor’s raise in the Town budget. I took part in making comments as well as others when suddenly Supervisor Baden singled me out of the crowd, stating my name and demanding I depart the premises. I’m not sure if this was because he thought I was the weak link, or if I was simply because he knew my name. In the morning after the meeting I received several threatening phone calls from angry town residents due to Supervisor Baden targeting me in the crowd. I am a tax paying citizen wanting my voice to be heard just like many others with similar and opposing views were able to do without Supervisor Baden trying to silence them. It is my request that Supervisor Baden undergo Anger Management training. At his own cost, as he was suppose to do a couple of years ago for his outrageous behavior that is on display at many of out Town board meetings. It would also be my request per my legal counsel, this letter be discussed in executive session, and responded to in writing.

Shirley Avery: It’s with sincere remorse that I have to feel disgraced by the racial and sexist remarks made by Councilman Paddock at the Special Meeting on the Budget dated 11/17/21. He was extremely out of control and totally disgraceful to people of color and women. I take this very personal being a woman and a non-prejudice one too. I happen to have many people of many races in my own family and think his remark does not belong in our Town. He needs to begin by making a very long public apology and second by removing himself from both the Chairperson of the Ethics Committee and then stepping down from the Town Board. I am sure when his current term is up the people of color and the women of the Town of Rochester which there are many won’t let that remark be forgotten. Slander at it’s worst.

Supervisor Baden: I publicly apologized for forgetting to begin the youtube video from the night of 11/17/21. I bare responsibility and own up to my mistakes. In regards to an incident that took place about two years ago, I apologized I did speak with a therapist and addressed the issues.

Clay Haugen: I received a copy of the termination of agreement but only see the Town Supervisor’s signature. Have both signatures been provided? What led to this termination? Can you provide the total amount spent on this?
Supervisor Baden: the termination was received electronically. The Town attorney discussed with the seller and prepared the termination agreement.. The appraisal was $ 4,000.00, Phase 1 of the environmental study was
$ 1,900.00, Board of Election costs $ 621.08.

Tim Bunch: In regards to Mr. Hoornbeek’s letter I agree to the Supervisor taking anger management classes.

Charles Nerkos: KAFAS has been in operation since 1965. We are in a nationwide EMS shortage and it is tough to ask for volunteers to do training. We have proposed a hybrid schedule and thank the Board for making an investment into the community where lives will be saved. EMS is not consistent sometimes there are no calls and sometimes there have been incidents where multiple patients require EMS assistance at the same time. If a Veteran need a ride to the VA hospital we transport them putting us out of the area for 3-4 hours at a time, so the hybrid scheduling approach will invest back into our town and thank you to the Town Board for your assistance.

Manuela Michaelescu:
I’m going to address 3 issues…

1. FIRE INSPECTION FEE
As a small business owner I pay attention to all notices received.
If something is wrong, I try to make it right.
It took numerous calls to the CEO’s office to find out that we have to write to the Town Board; then 2 letters with attachments to the Town Board, 2 long emails, attending and speaking at 5 regular Town Board meetings (August, September, October, November, December) and attending the Audit/Workshop meeting in December.
7 months. 7 months to solve nothing.
Instead, I learned from you that…
(a) we should NOT believe what the Notice states: “In accordance to Local Law 2 of 2007, Section 111-11” and
(b) the Town Board decision at the Organizational meeting of January 2021 regarding establishments MEANT for “less than 50 persons” was a “mistake.” Impressive result!
Is the Town Board voting unanimously “yes” for “mistakes” when passing resolutions?
If a traffic ticket has one error, it’s invalid; this Notice has numerous errors and is invalid too… How can we comply with something which has errors and is not properly interpreting the law?
Following the Audit/Workshop meeting I’ve sent an email to Supervisor Mike Baden and all Town Board members, with clarifications and questions regarding “Town Code Chapter 65, from May 3, 2007, section 65-11.” It’s impossible to understand which paragraph applies to our building and indicates yearly inspections. We would like to have a written answer about this.
Key question is: if the 2007 Town Code calls for yearly inspections, why did we have inspections EVERY 2 YEARS for 14 years, from 2007 until 2021?
What triggered the CHANGE from $50 every 2 years (or $25 per year) to $125 YEARLY if the Town Code used is the same one, from 2007?
Why the 500% increase?
Our residential/commercial building should NOT be required to pay more than $50 and should have inspection every other year, as in the last 14 years.
Having an antiques store, the empty floor area is extremely limited. According to the law, for fire inspection purposes the size of the area to be measured is the one where people would sit or stand. This area is LESS THAN 500 ft. in our case, so the fee of $50 should apply.
This is not about a discount, a favor, a rate reduction or a waiver… it’s about correctly interpreting and applying the law.
What specific CRITERIA are used for residential/commercial buildings?
Is a standard Notice sent to all establishments in town, without considering specific situations?
The CEO’s office should have clear criteria and employees able to explain (without threats and arrogance) how these are applied. They try to convince the Town Supervisor that they are right and we are wrong…
The CEO’s office newer employees should: carefully analyze documents, update records in a timely way, be consistent, correct errors and… in our particular case, apologize for the intense trouble created, which takes a toll on my health too, and for their unprofessional, arrogant attitude.

2. RECREATION DEPARTMENT & COMMISSION

I was the Town Board Liaison to the Youth Commission for 4 years, and I am a member of the same for 10 years… I took the risk of driving people crazy with my long, detailed Liaison reports because I considered that the Youth (now Recreation) Commission deserved to have a voice.
I do not recall Councilman Adam Paddock, Liaison to the Recreation Commission for the last 2 years, ever coming to a meeting, asking the Recreation Director for information or presenting a formal report (except for the few words tonight). This is beyond disappointing… (sure, Supervisor Baden talks about the main activities but… Liaison is still Councilman Paddock, right?).
The Recreation Department and Commission are amazing entities with activities which deserve to be known and appreciated… (among the most recent: choosing recipients for the Mary Lee and Susan Matson Youth Awards; basketball program; Thanksgiving meals to go for 159 people, including deliveries, with huge help from Kate Gundberg and Recreation Commission members Pam Stocking, Deborah Martin, Jessica Knapp; Wreath making workshop; Winter coat drive and open house; then, coming in December, Tree Lighting, Pancake breakfast to go).

3. ISSUES NOT SERIOUSLY CONSIDERED BY THE TOWN BOARD

As a former Town Board member I know that, sadly, not all documents coming in front of the Town Board are read by all councilpersons…
A. CANNABIS LAW
Many neighboring towns — Marbletown, Esopus, Wawarsing, Rhinebeck, Saugerties — considered taking action regarding the retail sale and public consumption of recreational marijuana as per Article 4 of NYS “Cannabis Law.” Some Town Boards have their public hearings today, as municipalities in NYS get until December 31 to opt OUT.
Back in June NONE of our Town Board members was willing to at least discuss the Cannabis Law, or table the issue for another time if they were too tired… This issue may have very serious negative implications for town residents, who are probably not aware of the December 31st deadline. The fact that the Town Board’s members’ “discussion” was actually silence, without a single spoken word, it’s scary.
B. SKATE TIME
The September 2021 signing of the contract for the purchase of Skate Time 209 made me question if all Town Board members read and approved everything in that contract (not to mention that the contract was definitely reviewed by the town attorney!)
If all Town Board members READ the contract and did NOT dispute any points, this is beyond disappointing, it’s scary.
Rochester’s townspeople should not have had to go thru this entire nightmare!
The Town Board should listen to the people BEFORE making serious decisions, not after!
Unfortunately, I was right when saying last month… if you cannot trust your government with the little things, (like the Fire Inspection Fee), how can you trust it with major issues?
Going back to my leitmotif theme, the Fire Inspection Fee… I’m just wondering… if you do this to me, a person familiar with how town government works, how do you treat somebody without such experience? This is scary…

John Dawson: That contract with skatetime was disgusting, one-sided. I believe the Granary project could be a good thing but it’s up to our town board to do the right thing granted this is not a balanced Town Board. Everyone knows that I’ve been fighting the past 5 Supervisors to have the hamlets of Accord and Kerhonkson revitalized. My partners and I own the first three buildings on the right when you enter Main St. I’ve had negotiations with the Health Department, CDC, Jack Schoonmaker with plans of putting in a septic system for the community for the expansion of the Hamlet. The Supervisor’s didn’t want it. That’s when my fight began , I knew that in order to fight this Town I would have to go and get licensed in everything that I wanted to discuss. Every year I get licensed in something I’ve been doing it for 40 years in this town. I insist that the Board do the right thing and have the Planning Board as lead agency. It’s a simple process because of all the special uses. It’s a simple planning board review and site plan review the planning board can give setback variances. If this Town board even tries to go after lead agency I’m going to have to scream more because you guys are a disgrace.

Carol Fisher: Hill Top Terrace and Academy St. there is a parking issue that needs to be addressed before the winter comes. It will be very difficult for plowing.

Marc Grasso: Thank you to the Town Board for cancelling the referendum for the purchase of skate time. I think the Town Board should create a committee of those with experience in commercial buildings and structures to give ideas & correct problems. It should consist of 5,7 or 9 members including the CEO, Assessor, real estate and valuations experience. It is important that the Town Board get input from the public and shouldn’t be soley Town board decision . A group plan that is non partisan. Reagding the Granary project you really need to take into consideration the residents that live in the hamlet of Accord.

Charlie Fisher: have you heard anything about the street lighting and or tire Company?

Zach Kleinhandler: Additionally I would like to thank the Town Board for cancelling the contract. The Republicans and the leadership there for pushing the subject and also for the Town Democrats for coming on board. Mr. Dawson put forth a very good point which is the granary project can be something that is great for Accord and the Town of Rochester and also the potential dangers to it if the oversight is not done properly. I think skate time was a perfect example of the town and people in the Town putting their differences aside and realizing the mistakes that were made in the signing of the contract in the first place. Obviously things have gotten very personal and the last meeting there’s some very personal attacks in the letters today some I disagree with and some I agree with but the most important thing is people who are putting forth projects in the Town of Rochester are relying on us arguing and that will only create more partisanship and then there will be no agreements. And if we want to really protect this town and people who’ve been here for a very long time. I understand this town is becoming a place that’s increasingly unaffordable for people who have grown up here. It’s important to find away as a town to get along together to communicate better so we can create a plan and fight for this town. It’s important to in someway bury the hatchet because if all we do is yell and fight and create animosity between members of the board and public things are going to be pushed through and nobody’s going to agree and it might be one vote tgat swings something in favor of developers and a plan that we don’t like. Please find a way for everybody to get along so we can at least get what we need done.

Glenn Pommerantz:I want to thank the Town Board for the upcoming resolution that I see on the agenda. It’s much appreciated. The 100 % coverage will come after the hybrid model. Thank you for the ARPA money I see coming up in the resolution and that will go right towards transport equipment, stretcher, a chair, new defibrillators and a CPR device. Just a reminder you guys share services with us and with the Town of Wawarsing. 25 % of our calls go to the Town of Wawarsing. Are you guys in discussion with them for funding or do we have to talk to them 100% separate.

Nick Lapp: I contacted a while back about the high grass at the end of Airport Rd/ Route 209. The State did cut it back but not enough more needs to be done.
Supervisor Baden stated he will contact again

Ruth Bendelius : I have several issues that I would like to address. I am concerned with how the November 17th special meeting was handled. When discussing the Supervisor’s proposed 23 % pay raise and the Attorney’s 48 % raise board member Adam Paddock made a very inappropriate remark. He stated that the 23 % salary increase would not be an issue if it was for a woman or black. The standing room only audience reacted loudly holding up signs for no more than 3 % increase and skate time vote no. Board member Paddock sexist and racial comment was totally unnecessary and unprofessional. I believe he should resign or be removed as head of the Ethics board. After this outburst even questioned his advocacy to be a town board member. I would also like to understand why there was no public comment time on this very important special meeting agenda. Another concern deals with the recording of a special meeting. At one point board member Enouen pointed out to adjust the camera, did Supervisor Baden forget to turn the camera on or was it because the meeting was so well attended about 100 people there who were somewhat vocal I wonder if Supervisor Baden removed the whole video from youtube. So happens the video would not be viewed by individuals unable to attend the meeting. Open Communication is vital, having town meeting available to all either in person or online is the true community assest as a woman today there were 215 views for the last audit/workshop meeting. The last town board regular meeting had 685 views. Open communication is key to a well-run community. I hope the Supervisor and board members have learned a lesson about doing so much work under the table. Skate time was not a democrat or republican issue it was a community issue. If there was more transparency from our leaders skate time would not have become such a volatile, embarrassing situation. We can all be very thankful at this time, the community won. I also have a letter that was sent out from the Rochester Residents Association that I want to read into the record:

Referendum on the Purchase of Skate Time 209

The Town of Rochester will hold a referendum on Tuesday, December 7 to seek residents’ approval of a proposal to buy the former Skate Time 209 building and six acres, located at the corner of Route 209 and Mettacahonts Road, for a purchase price of $2,060,000. The referendum also seeks approval for the Town to raise 30-year bond funding (plus the issuance of shorter term bond anticipation notes until such bond is raised) to finance the purchase. The current owners purchased the property for $1.3 million in June 2019, representing a gain to the sellers of $760,000.

While we applaud the Town Board’s decision to put this matter to a referendum, that spirit of openness and citizen participation has been clouded by the lack of a holistic plan to see where the acquisition of this 30,000 square foot building fits into the Town’s current and anticipated needs for office space, or a master plan for recreational space needs. Even if the acquisition does make sense after a thorough evaluation of all alternatives, the contractual provision that allows the seller to use the facility six times per year for its own activities, as well as the requirement that the seller’s name be retained in the facility’s future name, is highly irregular.

Town office spaces are cramped and do need an upgrade and the current situation with Town offices located in many locations is not optimal. We believe that prior to investing in any new facilities, a complete needs assessment must be completed to determine what current and future office space the Town might need and what the configuration of what that space might take, as well multiple alternative plans showing total costs and benefits. Such an assessment should also include budgets for the eventual reconfiguration. It is surprising that the Town Board entered into a purchase contract without conducting such a study, or obtaining estimates on the cost of reconfiguring this space to suit the Town’s needs.

Part of the Skate Time 209 building might be available for recreational space. Has the Town Board considered the cost of operating recreational plans and what specific types of programs would be offered? Are there alternative facilities, including the ones currently used? No specific plans have been presented to the community for the use of this building or the potential associated capital and operating costs.

While the purchase might create an asset on the Town’s balance sheet, the ownership of a building without specific plans for use or an agreed upon budget for necessary renovations is, in reality, a financial liability for the Town and a recurring 30-year expense on its budget. In addition, a valuable commercial property will be removed from the Town’s tax rolls.

We believe that the referendum is premature and believe that voters deserve more information on how this proposed acquisition fits into the Town’s future plans. It is unfair to the community to ask for a referendum without this critical information. Under normal circumstances, we would ask the Town Board to delay the referendum until more information is provided, however, a delay of the referendum is not possible in accordance with NY State law. Therefore, a “NO” vote is the only option to delay this process until further information can be provided.

Rochester Residents Association

Supervisor Baden: the 11/17/21 Special Meeting had no public comment. The meeting was to adopt the proposed budget.

Written letter from Maren Lindstrom:

Dear Supervisor Baden and Town Board Members:
While last night the Town Board voted to drop the referendum and the initiative to purchase Skate Time, I have asked that these comments still be read into the record, for the public and hopefully for the Town of Rochester’s elected officials to contemplate and take to heart when managing our town for us. The management of a small town is like the management of a small company. A well-run company has a strategic plan, solid finances and a clear path to execute its strategy. A well-run town has a comprehensive plan for a strategic plan, solid finances funded primarily by tax dollars and an elected Board whose paramount responsibility is not to burden the citizens with unnecessary taxation (managea solid budget) in “executing the strategy” while ensuring for the health, safety and welfare of the citizens by providing the necessary services for private businesses and residents to prosper. Real estate development is not in the Town of Rochester’s strategic (comprehensive) plan. The purchase of Skate Time by the Town of Rochester was not in line with good municipal governance, not inline with fiscal prudence, not in line with the needs of the Town, nor did the initiative give the citizens of the Town enough time or date to make an informed referendum vote. The purchase was sorely lacking in analysis.
Let us go through a small portion of the unanswered questions:
Fiscal Management. It was saddening at best, irresponsible at base case not to look at the “TCO” Total Cost of Ownership for us, the taxpayers, of the Town’s purchase and management of Skate Time.
1. We would not have been finished paying at the approximate $2,000,000 purchase price. We would pay for all our and our children’s and our grandchildren’s lifetimes. Where was the money to come from for renovation, rebuild and repairs? Where was the money to come from for the next 30 years of heat, electricity, maintenance, maintenance of the abandoned existing buildings, insurance, interest on the new debt burden of the Town, additional staff perhaps to manage the center, etc.? Another bond issue? General Operating Budget? Inevitable tax increases? The true total cost of ownership for Skate Time is in the tens of millions of dollars.
2. Approximately a year ago Supervisor Baden tasked the Town’s Planning and Engineering Consultant, CPL with a study costing tens of thousands of dollars to analyze each of the Town’sbuildings needed repairs and maintenance. The presentation of this can be viewed on the Town’s YouTube recordings and the Town Board members have copies of the study. Where was the comparative analysis of these option versus the true all in cost of buying a warehouse (Skate Time) and moving the Town Offices? Where was the comparative analysis of the cost and benefits of other options? Our Comprehensive Plan has the goal of “better site design”.Better site design can only be done by comparing a variety of options for our Town’s capital stock.
3. Buying property at ostensibly a real estate top, with construction costs, both materials and labor, at historic highs, energy prices rising, Central Hudson increasing electricity rates, widespread shortages of labor and materials, and interest rates rising from all-time lows hit in January of 2021? A betting man could say pretty bad timing.
4. Permanently lost tax receipts to the Town from the private use of Skate Time—property and sales and perhaps other taxes. Again, this should have been factored into the TCO.
5. Real Estate development in the private market has a plethora of tax breaks and advantageous accounting. If a private sector owner cannot make the numbers work then they work even less for a municipality that does not profit from commercial property depreciation, interest deductions, 1031 exchanges, section 1231 favorable taxation, etc. Again, this should have been factored into the TCO.
6. The idea that the Town could “rent out” the offices vacated is a generous assumption: Offices connected to the Community Center with access to community space and kitchen? Offices attached to the Highway Department? Offices in structures designed for municipal use, not private use? Offices with IT infrastructure and internet access and security that is not state-of- the art? Offices when the region already has open office space for rent, office space that is perpetually vacant? What would it take in renovations and continued maintenance to rent as offices? Again the betting man would give a high probability of the space remaining vacant.
Poor strategy:
1. Our comprehensive plan states “hamlet revitalization” as a goal. This would remove activity from the hamlet and “de-vitalize” the hamlet. For example, the Town has, finally, purchased and installed new playground equipment and made pickle ball courts. The Open Space Institute is embarking on a region wide initiative to fully connect the rail trail which goes right through our existing Town Hall location/park. The Town just completed renovation of the Community Center and addition of an upgraded food pantry. We have a nice grocery on Main Street and the Town Board is looking at the development of “the Granary”. Thus, when after many years, life comes back to Main Street, and many dollars have already been spent to reinvigorate the town’s infrastructure in the Hamlet, Supervisor Baden has the idea to move everything to 209 and sap the budding energy of the hamlet? A strategic travesty.
2. The Town Board already has a very full plate—Economic Enterprise Overlays, wholescale retooling of zoning law, refresh of the comprehensive plan, new laws for littering and noise, 5G buildout, reassessment of tax base, and much more. A lot of very important Town management would have fallen by the wayside and more mistakes would have been made if attention had been diverted to this white elephant.
3. Did the Town Board assess the needs and demands of the community for services? The real demands for sports and community activities? For what sports, what activities? Is a skating rink really an inviting setting for “Tai Chi for Arthritis” or a good setting to manage and control after school activities for small children? Did the Town Board consult the townspeople, town businesses and the Recreation Department as to what their needs were? No.
4. Further, New York Consolidated Law, Town Law Section 222 Town Buildings: “Whenever the town board, pursuant to the provisions of this chapter, shall determine to erect, construct, alter or remodel any building, said town board shall cause detailed plans, specifications and estimates for such building or buildings to be prepared. After such detailed plans, specifications and estimates shall have been finally adopted and approved, […]” and Section 223 Expense of Improvement “The expense of any public improvement made under authority of this article, shall include the amount of all contracts, the costs of all lands and interests therein necessarily acquired, printing, publishing, interest on loans, legal and engineering services and all other expenses incurred or occasioned by reason of the improvement or project. In no event shall any contract be awarded or obligation incurred in excess of the amount specified in the resolution of the town board or in the proposition adopted at the town election”. For all intents and purposes, these sections imply: do the analysis, do the comparative studies and figure out the whole cost of the project before embarking on a project and starting a referendum for new physical capital projects. The public cannot vote in good faith without all the facts and figures.
Conflicting goals:
1. Our Town Board, after receiving grant monies and under the leadership of Supervisor Baden,
appointed Madeline Russo, the Chair of the Town of Rochester ECC, to work to become certified as a Climate Smart Community (https://climatesmart.ny.gov/). This requires fulfilling various climate friendly actions at the local government level. Many of these actions are in complete contradiction with the purchase of essentially an “energy dumb” warehouse. For example, criteria “PE3- decrease energy usage” cites government energy audits, adopting green building standards, building a new green building and establishing financing for energy efficiency and renewable energy projects in government owned buildings, amongst other criteria as priorities. Either the purchase of Skate Time, a thoroughly “non-green” structure is in direct conflict with the supposed Climate Smart Goals of the Town, or, alternatively, the retrofitting of the structure to meet green goals will be exorbitantly expensive. And, again, our Comprehensive Plan has the goal of “green design”, with which the re-deployment of Skate Time is at odds.
2. Preferential treatment of one citizen over the rest of the citizens of the Town. The mere suggestion that the seller of Skate Time could have had preferential use of the facility over other townspeople after the sale and after reaping hundreds of thousands of dollars of profit from the sale is not good governance.
Health Safety and Welfare, a laundry list of unanswered questions
1. Skate Time is located at one of the busiest accident fraught intersections in the Town of Rochester. Current offices are calm and much safer for pedestrians, children and parking.
2. Did the Town Board really think through offices with no windows; offices that may be
accessed through sporting events; staffing and management of activities in concert with daily Town departmental activities; acoustics of public meetings in a skating rink, etcetera?
3. Where was the Town Board planning to put the Animal Shelter?
I could continue with the list of reactive poorly vetted management decisions imbedded in the purchase of Skate Time. The Town Board needs to pause and reassess its legal obligations and clearly plan a strategic plan in line with our Town’s Comprehensive Plan. And the Town Board must gather the input of the townspeople and inform the townspeople so that they truly represent the citizens that elected them.
The Skate Time purchase was not in the best interest of the Town. I hope that going forward our elected officials will pause before reacting, have a strategy, stick to the strategy, and most of all consult the citizens of the town.

AMENDING RESOLUTION #-2021: PAYMENT OF HIGHWAY FUND ABSTRACT 11-2021:
Resolution # 340 -2021:

A Motion was made by Councilwoman Enouen that the Town Board amends Resolution xxx-2021, and approves the payment of Highway Fund Abstract 11-2021 in the amount of $ 168,961.73.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

ACTION ON MINUTES:
Resolution # 341-2021:

A Motion was made by Councilman Paddock that the Town of Rochester Town Board accepts the minutes of the November 4, 2021 Preliminary Budget Public Hearing, November 4, 2021 Regular Meeting, November 17, 2021 Special Meeting, and November 30, 2021 Audit/Workshop meeting.
Second: Councilman Hewitt
Discussion: Councilman Hewitt: The minutes are very precise and I wanted to thank you for your amazing minutes for the last four years I’ve been working with you and the minutes show exactly what happened on November 17th. I want to thank Councilman Paddock for always defending every constituent in town and talking about pay equity on November 17th. The October issue of Nat Geo talks about how women won’t make what men make for another 34 years in America, black woman won’t make what men make for another 112 years and latino woman 199 years. Thank you for your point you made and this misconstruing what you said is un fair and unprofessional.
Aye: 4 nay: 0 abstain: 0 motion carried
Councilman Hewitt left at 8:52pm Hewitt absent

Councilwoman Haugen-Depuy: there was no misconception of what was said that night. That was said after the fact that Mr. Paddock had already stated the fact that he was in favor of Mr. Baden’s raise and when he made that statement what he said was there would be no dispute about this if this were a black or a woman getting this raise. That had nothing to do with what Mr. Hewitt just said. It was purely bigoted and chauvinistic and that is not just the way I took it there were 100 people in here whether it was on Zoom or not you said it and you knew when it came out of your mouth because I was looking you in the face that you couldn’t take it back. Do not let anyone try to change this crowd to say it was done in a way that was not the way it was done. I’m tired of things being changed that way, now I have something else I want to say
Councilwoman Haugen -Depuy made a motion to go back to the Board member time.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilowman Haugen-Depuy aye
Councilman Hewitt absent
Councilman Paddock abstain
Supervisor Baden aye motion carried

Councilwoman Haugen-Depuy: As I was leaving this office at the end of this month due to not being re-elected. I’m very happy to have served this community but I will not ever whether I’m sitting in a seat out there or sitting at this table let people make comments that are less than and demeaning to the taxpayers in this town and that’s what I have done for 4 years. Whether i raised a stink and left, or my train ran off the track as it’s been said by Mr. Fornal whether I’m too old to sit here which has been said by Mrs. Fornal. I’ve still been here all these years and part of the reason the room was so full and I got accused of having an entourage, I’m damn proud I had that entourage you want to know why? I on;y lost this election by 200 votes and that brought the whole town together to realize that they were tired of the I, I ,I did this I did that, Mike if you had $ 193,000 in your pocket to help KFAS then you could say I did it otherwise it’s the board and the taxpayers of this town and the money coming from the State of New York that takes care of this town and the fact that you say I everytime you do something orwant to impress did you ever hear the pronoun we. We do this, I never did this and in order to be a member of this board you have to first be a member of a political party. I’m so sorry but I followed the political party that was my grandfather’s, much to my dismay they have changed one thousand percent to the point where I have now changed political parties, where last time I checked there was no hole in the pine bush cemetery where he rolled over and blew up because he was pretty damn proud that at least I got to sit here. What I have to say for this wonderful camera I have been told I go off the rails, I have been very proud to serve this community even though if I went out to get a job today what went on during the political campaign damned me because of things that happened 5 years ago. You don’t want to take the heat for something that happened 2 years ago, you damned my career by putting it out there that I had made a mistake that was caught in a public audit. You made me sound less technical savvy but I never was chauvinistic or bigoted you sir are less than I have never been less than and I have never talked to taxpayers the way you have, so as I leave this board December 30th I want to say thank you for everybody that was here the 100 people in this room and maybe I may sound angry I’m not angry I’m just damn proud to have been able to stand up for you all these times and I hope one of these other two people will do the same that are gonna sit on this board, skatetime would never have gone to where it was if this board had listened to me when I said take this out of executive session and put it to the public and you cannot say that I didn’t. I kept hearing that it has to stay here it’s a negotiation for a piece of property. I asked for this to go to the public and I heard we can’t do this because we are buying property and it has to stay it’s one of the criteria for staying in executive session and I sat on that all this time and couldn’t say a word, it stunk like a rotten fish from the neck down. I am so sorry that this Town had to go through this and I am so happy that the divisiveness and skatetime actually brought this town together. I thank you all for allowing me to serve you. I’ve tried to fix many things in this town because I grew up here and I love this town.

ACCEPTANCE OF DONATIONS:
Resolution # 342 -2021:

A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board accepts donation of $167.08 from St. Pauly’s Textile, Inc.
Second: Councilman Paddock
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent
ACCEPTANCE OF DONATIONS:
Resolution # 343 -2021:

A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board accepts donations of $150 from the Rochester Senior Group, $120.00 from Arlene Levine, $100 from Melvyn and Elaine Tapper, $25 from, EA Quick and PE Quick, $15 from Carol Waxman, and $81 cash donations from various persons for the Thanksgiving take out event.
Second:Councilman Paddock
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent
ACCEPTANCE OF DONATION OF GOODS:
Resolution # 344-2021:

A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board accepts donation of half the cost of the holiday turkeys ($120.00) from Jeffrey Lipton of the Bowery Dugout, Kingston, NY in honor of Harold Lipton.
Second: Councilman Paddock
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent
ACCEPTANCE OF DONATION OF GOODS:
Resolution # 345-2021:

A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board accepts donation of paints, easels, canvases, and paint brushes from Jamie Smith.
Second: Councilman Paddock
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent
AUTHORIZING A SPECIAL MEETING:
Resolution # 346-2021:

A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board sets Wednesday December 15, 2021 as a Special Meeting to be held at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord for the purposes of presentation of a request for Economic Enterprise Overlay zoning designation for the Granary project, 2 Towpath Road. The Town Clerk is requested to post legal notice.
Second: Councilman Paddock
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent

2022 ORGANIZATIONAL MEETING:
Resolution # 347 -2021:

A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board sets Monday January 3, 2022 as the2022 Town of Rochester Town Board Organizational Meeting to be held at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord.. The Town Clerk is requested to post legal notice.
Second: Councilman Paddock
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent
JANUARY REGULAR TOWN BOARD MEETING:
Resolution # 348 -2021:

A Motion was made by Councilwoman Enouen that The Town of Rochester Town Board sets Thursday January 6, 2022 as the January 2022 Town of Rochester Town Board regular meeting to be held at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord.. The Town Clerk is requested to post legal notice.
Second: Councilman Paddock
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent
AUTHORIZATION TO SIGN CONTRACT:
Resolution # 349 -2021:

A Motion was made by Supervisor Baden that the Town of Rochester Town Board authorizes the Town Supervisor to sign the Municipal Solid Waste Management Agreement dated as of January 1, 2022 between the:
Ulster County Resource Recovery Agency, a public benefit corporation duly organized and existing
under the laws of the State of New York and having its principal offices at 999 Flatbush Road, P.O. Box 6219, Kingston, New York 12402 and the Town of Rochester, a municipal corporation of
the State of New York having its principal offices at Town Hall, 50 Scenic Road, Accord, New York 12404.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent
AUTHORIZATION OF CONTRACT PREPARATION:
Resolution # 350-2021:

A Motion was made by Supervisor Baden that the Town of Rochester Town Board requests the Town Supervisor and Attorney for the Town prepare a contract between Marbletown First Aid Unit (MFAU) and the Town of Rochester for the provision of emergency and general ambulance services, Basic Life Support (“BLS”), and Advanced Life Support (“ALS”) (hereinafter collectively “ambulance service(s)” or “EMS”) for Town in the High Falls area of the town traditionally served by MFAU for the period of January 1, 2022 through December 31, 2022.

The contract shall be made in the amount of $12,500 for the year to be paid in four equal installmants due no later than Jan. 31, April 30, July 31, and October 31 of 2022, upon presentation by MFAU for Town residents in the High Falls area. The $12,500 to be funded by the Town of Rochester Town Board with $5,000 funded via the General Fund and $7,500 funded via Town of Rochester American Rescue Plan (ARPA) funds. MFAU shall be responsible to remit to the Town of Rochester an accounting of the use of all funds quarterly, with special note the ARPA funds shall be utilized for ARPA eligible expenses only.

MFAU to be responsible to provide to the Town an accounting of all assets, 2022 budget, and the most recent audited expenses/revenues statements as an addendum to the contract.
Such contract to be presented to the Town Board for Supervisor’s signature authorization.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent
AUTHORIZATION OF CONTRACT PREPARATION:
Resolution # 351 – 2021:

A Motion was made by Supervisor Baden that the Town of Rochester Town Board requests the Town Supervisor and Attorney for the Town prepare a contract between Kerhonkson Accord First Aid Squad (KAFAS) and the Town of Rochester for the provision of emergency and general ambulance services, Basic Life Support (“BLS”), (hereinafter collectively “ambulance service(s)” or “EMS”) for Town in the area of the town traditionally served by KAFAS for the period of January 1, 2022 through December 31, 2022.

The contract shall be made in the amount of $150,000 for the year to be paid in four equal installmants due no later than Jan. 31, April 30, July 31, and October 31 of 2022, upon presentation by KAFAS of proof of response to no less than 90% of all calls made to KAFAS for Town residents in the coverage area. The $150,000 to be funded by the Town of Rochester Town Board with $44,000 funded via the General Fund and $106,000 funded via Town of Rochester American Rescue Plan (ARPA) funds. KAFAS shall be responsible to remit to the Town of Rochester an accounting of the use of all funds quarterly, with special note the ARPA funds shall be utilized for ARPA eligible expenses only.

KAFAS to be responsible to provide to the Town an accounting of all assets, 2022 budget, and the most recent audited expenses/revenues statements as an addendum to the contract.
Such contract to be presented to the Town Board at the December 2021 workshop meeting for Supervisor’s signature authorization.
Second: Councilman Paddock
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent

DISCUSSION ITEMS:
Transfer Station – Councilwoman Enouen

NAMING FREE BIN THE TOWN OF ROCHESTER EXCHANGE:
Resolution # 352-2021:

A Motion was made by Councilwoman Enouen to name the free area of the Transfer Station the Town of Rochester Exchange.
Second: Supervisor Baden
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent

HOURS OF THE TOWN OF ROCHESTER EXCHANGE:
Resolution # 353-2021:

A Motion was made by Councilwoman Enouen to schedule the hours of the exchange to allow for the acceptance/ drop off of items and browsing during transfer station hours on Tuesdays & Saturdays.
Second: Supervisor Baden
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent

ITEMS TO BE LEFT AT THE EXCHANGE:
Resolution # 354-2021:

A Motion was made by Councilwoman Enouen to set the parameters of whats allowed to be left at the exchange must be approved by a volunteer on Tuesday and Saturday. Items allowed; nothing broken or missing parts, no dirty, moldy, or items left outside. Large items like exercise equipment and large furniture must be paid using the fee price paid and request to have it donated to the exchange bin. All users of the Transfer Station must have a valid Town of Rochetser Station permit to use any serives of the Transfer Station.
Second: Supervisor Baden
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt absent
MEMORIUM:

Supervisor Baden stated that he would like to adjourn the meeting in memory of the following;
Judy Croce (wife of Plattekill Supervisor)
Linda Lee Decker
Erma Durcan
Douglas Lenard
Roy Hornbeck
Peter Matera
All suffering worldwide from the COVID-19 virus

EXECUTIVE SESSION:

A Motion was made by Supervisor Baden to enter into executive session at 9:33pm to discuss a letter sent by an employee to the Town Board regarding a personnel matter.

ADJOURNMENT:

A Motion was made by Council to adjourn the meeting at 10:25pm.
Second: Council

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK