Town of Rochester Town Board held the Regular Meeting on July 1, 2021at 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

PRESENT:
Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Supervisor Michael Baden
Town Clerk Kathleen Gundberg Town Attorney Marylou Christiana
Highway Superintendent Jeff Frey

ABSENT:
Councilman Adam Paddock

ATTORNEY FOR THE TOWN REPORT:

Would like to have an attorney meeting with the Board or will send a confidential e-mail out.

TOWN CLERK/ TAX COLLECTOR REPORT:

Town Clerk Gundberg stated for the 2021 tax year:
$6,935,424.42 was collected
$ 31,456.57 was collected in penalties and additional fees
$647,972.48 was turned back over to the Department of Finance

Thank you to Christina Ferrara and Tina Post for all their hard work and for another successful year!

HIGHWAY SUPT. REPORT:

Highway Superintendent Frey stated that with the help from Towns of Wawarsing, Rosendale, Marbletown and Olive the highway department had 21 trucks hauling 18 tons of stone to oil and chip Yeagerville.
A Phenomenal job done by all. Next week we will have the Town of New Paltz helping us as well as we tackle Dewitt Road. A request to have a yield sign changed into a stop sign at Lower Whitfield and Mettacahonts was addressed and it was agreed that a Stop sign should be placed there and that was completed.

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

June 2021 Financials
Revenue
Receipts received from the Town Clerk’s office $ 56,048.28

Expenditures
Abstract 4-2021
General Fund $ 61,588.60
Highway Fund $ 29,088.78
Street Lighting Fund $ 419.86
Escrow Fund $ 1,657.50

SUPERVISOR’S UPDATE/ CORREPONDENCE REPORT:
Monthly Correspondence : there was a property issue request and a letter from open space institute.
COVID-19 report: 2 cases reported in the Town of Rochester, It has been confirmed that there is a Delta strain in Ulster County.
BAN updates: The virtual closing was today for the $ 150,000 BAN for the Mill Hook Bridge. We secured a 0.75 % interest and have 5 years to pay it off. One Highway BAN will be maturing on 7/16 and will be looking into the Bank of Greene County again to see if we can lock in the .75% interest rate again. The Highway Deparmtent will also have a BAN due in September.
American Rescue Plan: the application has been submitted and accepted. The direct deposit forms have been filled out. The money must be utilized by 2024.
NY Rising – Alligerville Firehouse update: some changes to the kitchen area has put us under budget, hope to have it finished by next spring.
Summer Recreation Program: The staff completed the CPR course this past Monday. The first session of camp is full and a small amount of space available for the second session. There are less children in the program this year so we have less staffing but require double busing, they are not projected to be over budget.
Playground Equipment: was delivered last week in the middle of paving so thank you to Jeff and his crew for being there to take the equipment off the flat bed.
“Be Kind” Recognition Event: Congratulations to George Borchet for receiving the “ be kind” recognition event recognizing youth who have stood out with acts of kindness to other youth, elderly or community members. Thank you to Ashley Sweeney for nominating George.
Dedication of Cherrytown Water Event: a resident on Cherrytown/ Upper Cherrytown area placed in her deed that water be made available to all residents that use the spring for drinking water. Gary Miller held a small event recognizing this resident who wishes to be remain anonymous .

DEPT. UPDATES/ LIAISON REPORTS:

Councilwoman Enouen:
ZBA: 1 application
Transfer Station: there are 2 open positions
Councilwoman Haugen-Depuy:
Court: trying to play catchup with building violations. Harry did an excellent job painting the annex, it looks beautiful.
Councilman Hewitt:
ECC: working on clean-ups. Making progress on the climate smart program. 7/17: invasive species presentation. Judith karpova will be presenting: healthy building and healthier homes.
Supervisor Baden:
Assessor report: The Board of Assessment review completed their review of the Grievance applications submitted this year and all the changes have been made in the computer. The final roll has been completed and is on file in the Assessor’s office. The roll is also available on the Town web-site.
Recreation Department: Exercise classes have been moved back into the community center. The Summer Program will begin July 5, 2021.
Constabulary:
Court is partially open. The Constabulary answered 21 direct calls for service and other duties in June of 2021. These included:
•11 Neighbor to Neighbor and Quality of Life Complaints•7 Resident Traffic Complaints (Cooper St.,Clay Hill Rd., Store Rd., Sunset Dr., Towpath Rd. and Whitfield Rd., Cherrytown 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, traffic and parking conditions have worsened. Several roads in Town have had a substantial increase in traffic. We continue to be responsive to these complaints, but due to staffing shortages we are doing our best to address each one. In addition, 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 later part of the month. With all of them being defused successfully and without further incident. Due tothe COVID-19 pandemic, we continue to have limited direct contact with complainants with a proportional increase in direct phone calls.
Supervisor Baden stated that there have been a few minor issues with the Deep hole but most appear to be trying.
Planning Board: we have a new Planning Board secretary! Thank you to Christina Ferrara for covering meetings.

Town Board Member Time:

Councilwoman Haugen-Depuy: 2 women in our Town have been recognized by the Ulster County Emergency Medical Service Council:

Emma Post, Youth provider of the year award
Karen Pardini, Harriet C. Webber award

Congratulations for your achievements, I would like to see the Town Board send a letter thanking them and congratulating them.

Councilwoman Enouen: offered to make a laminated sign to post at the meeting stating that the meeting is streaming and suggested not streaming during the audit portion of the meeting.
RESOLUTIONS:

ACTION ON MINUTES:
Resolution # 209-2021:

A Motion was made by Councilman Hewitt that the Town Board accepts the minutes of the June 3, 2021 Public Hearing and Regular Meeting, June 14, 2021 Special Meeting, and June 16, 2021 Special Meeting. The minutes of the June 24, 2021 Workshop meeting are tabled.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried

ACCEPTANCE OF DONATIONS:
Resolution # 210-2021:

A Motion was made by Councilwoman Enouen that the Town Board accepts a donation of $300.00 from the Rochester Senior Group for the Summer Recreation Program.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried

Resolution # 211 -2021:

A Motion was made by Councilwoman Enouen that the Town Board accepts a donation of 4 cases of bottled water from the Ash Tree Festival from Ashley Sweeney.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

AUTHORIZATION TO WORK ADDITIONAL HOURS:
Resolution # 212 -2021:

A Motion was made by Councilwoman Eounen that the Town Board authorizes Christina Ferrara to work an additional 5 hours per week to assist the Assessor until August 8, 2021 in addition to normal work hours as 1st deputy clerk and will be compensated at the regular rate of pay.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

AUTHORIZING PAVING OF COURTHOUSE PARKING LOT:
Resolution # 213-2021:

A Motion was made by Supervisor Baden to Authorize Highway Superintendent Jeff Frey to do the site work and paving for the Town Courthouse with a total not to exceed $ 14,000.00.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

HIRE OF CODE ENFORCEMENT OFFICE EMPLOYEE:
Resolution # 214-2021:

A Motion was made by Supervisor Baden at the recommendation of Code Enforcement officer Jerry Davis to appoint Cynthia Graham part-time for 20 hrs per week at a rate of $ 17.50 per hour.
Second: Councilwoman Enouen
Discussion: Supervisor Baden stated that many weeks it will be a 12-16 hour a week job and this position is not to be looked at as long term it is to help the office get caught up to speed.
Aye: 4 nay: 0 abstain: 0 motion carried

REQUEST FROM TOR COURT CLERKS TO ATTEND NYSAMCC’S 41st Annual Conference:
Resolution # 215 -2021:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board allot $ 1,600.00 for two Court Clerks to attend the annual conference and use of the Town vehicle , however if the attendents chose to use their own vehicles gas and mileage reimbursement will not be provided.

AUTHORIZATION OF PAYMENT:
Resolution # 216 -2021:

A Motion was made by Supervisor Baden that the Town Board authorizes the Town Supervisor to make payment of $52,055.29 to Play & Park Structures of NJ and NY, as budgeted in the 2021 General Fund budget, upon audit by the Town Board.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

LOCAL LAW 3-2021: AMENDMENT OF CHAPTER 140-SHORT-TERM RENTAL LAW:

The Board reviewed the current draft law.

Resolution # 217-2021:

A Motion was made by Councilwoman Enouen authorizing Supervisor Baden to transmit Local Law # 3-2021 to the Ulster County Planning Board and the Town of Rochester Planning Board for recommendations.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

SET PUBLIC HEARING FOR PROPOSED LOCAL LAW # 3-2021:
Resolution # 218 -2021:

A Motion was made by Councilwoman Enouen to schedule the public hearing of proposed local law # 3-2021 for 8/12/21 at 6:30pm at the Harold Lipton Community Center and for the Town Clerk to circulate notice.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried

MARBLETOWN FIRST AID UNIT SHARED SERVICE AGREEMENT:
Resolution # 219-2021:

A Motion was made by Supervisor Baden that the Town Board authorize payment of $ 1,500.00 to Marbletown First Aid and to amend contract as presented to state such change and to authorize payment to Kerhonkson/ Accord First Aid in the amount of $ 3,500.00 and to amend the contract to reflect payment change.
Second: Councilman Hewitt
Discussion: Supervisor Baden stated that this closes the gap and we recognize that Marbletown helps the Town of Rochester and we want to honor the two diligently as we move forward to next year.
Councilwoman Enouen: this was a challenging conversation , love the idea moving forward with a plan in place.
Councilman Hewitt: Thank you to Glenn Pommeranz for creating a perspective to help make a decision.
Supervisor Baden: we will work to bridge the gap, there is a bigger discussion to be had.
Councilwoman Haugen-Depuy: going forward does the Board see KAFAS going forward with a hybrid plan? It’s a complicated process and with them being short staffed and not being able to respond to calls is alarming. Will they be providing us with a list of calls?
Aye: 4 nay: 0 abstain: 0 motion carried

AUTHORIZATION OF REQUEST: MARBLETOWN RESCUE & KAFAS:
Resolution # 220-2021:

A Motion was made by Supervisor Baden that prior to 9/15/2021 that both Marbletown Rescue Squad and Kerhonkson Accord First Aid Squad provide to the Town of Rochester Supervisor a list of the number of calls year to date , a 3 year list of response rate, 3 years previous financial records and provide a 5 year analysis of financial need.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried

REQUEST FOR ZONING DESIGNATION CHANGE- BEEHIVE ROAD:

Councilwoman Haugen-Depuy asked for clarification because she thought the Board agreed to allow the applicant to amend the application with the Code Enforcement office, not that the Board would be moving forward. It was asked that the Code Enforcement letter be read for the record.

Supervisor Baden stated that SEQRA review will make these determinations and we should be looking at other sources to validify this. I am not discrediting Jerry’s statement in anyway but I think we owe it to the applicant to look at other avenues.
Councilwoman Haugen-Depuy: Jerry is our source. This feels like the cart before the horse, it goes against our comprehensive plan and could potentially contaminate the water and wetlands. Why would we not keep it R-5.
Highway Superintendent Frey: there are ways to address the run off on a road, I wouldn’t get hung up on the road being an issue. It’s not impossible to do the road improvements required to get the road up to specifications.
Councilwoman Enouen : I support the process as a course of action, the applicant has a right to apply but as a Board member I want to see why this should be rezoned. With the placement of the road this is a R-5 zoned neighborhood.
Supervisor Baden stated that the methodology used at the time when created was to follow existing roadways. Once the 11 acres is corrected on the deed issue that will eliminate the steep slope issue. I would like us to see why this shouldn’t be a R-2 district.

APPROVAL TO MOVE FORWARD FOR SEQRA REVIEW OF BEEHIVE ROAD:

A Motion was made by Supervisor Baden to accept the request for R-2 and move forward with SEQRA.

No second motion not carried

DENIAL OF ZONING DESIGNATION ON BEEHIVE ROAD:
Resolution # 221-2021:

A Motion was made by Councilwoman Haugen-Depuy to deny the application submitted by Marc Grasso for zoning redistricting from R-5 to R-2.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock absent
Supervisor Baden nay
3-1, motion carried

Councilwoman Haugen-Depuy stated that the applicant has everything in his power to move forward with the Planning Board.
Supervisor Baden stated that for the record we owe our citizens to explore proposing ideas rather than denying.

DISCUSSION ITEMS:
Copy Machine Contract Quotes: Supervisor Baden asked the Board to review the 2 quotes received.

Request – Use of Pavilion for Caucus: A request to use the Park Pavilion came in for a political organization and in the past we never charged non for profit or political organizations for park rental.

WAIVER OF FEE TO USE THE TOWN PAVILION:
Resolution # 222 -2021:

A Motion was made by Supervisor Baden to waive the fee for the use of the pavilion on July 12, 2021.
Seocnd: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried

Request – Use of Pavilion for Meditation Class: Supervisor Baden asked the Board how they felt with allowing a business to use the park pavilion for meditation class. After a discussion it was decided to have Supervisor Baden reach out to the requestor to see if she would be willing to go through the Recreation department to sponsor it.

Use of Community Center Policy and Fee: the Board will discuss this further at the next meeting.

Request – Fire Inspection Fee: Supervisor Baden asked the Board to review the letter of request and understand that there may be a clarification issue as to what is considered residential and commercial. We can look into that part of the issue further but not the grandfathering of the fee.

LETTER OF VIOLATION TO BE SENT:
Resolution # 223-2021:

A Motion was made by Supervisor Baden that the Town Board personally serve the holder of the license a written order requiring them to correct the violation specified by the Code Enforcement Officer in his letter dated 4/6/2021 within 15 days after service of order.
Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried

The Board discussed having a special meeting on 7/8/2021 to discuss the hiring of transfer station employees.
It was discussed to have full job descriptions of the job upon hiring.

ADJOURNMENT:

A Motion was made by Councilman Hewitt to adjourn the meeting at 10:02pm in memory of ;
Adrian Logush
Ruth Halstead
Maria Moroz
Sally Anne Carle
Carlena Palmateer
Phyllis Greco
Christina Conner
Stephen Reilly
Michael Hines
Laurie Hood
Robert Morf
Harley Williams
All suffering worldwide from the COVID-19 virus
Second: Councilwoman Enouen motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK