The Town of Rochester Town Board held the Regular Meeting on September 1, 2022 immediately following public hearing located at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404

PRESENT:

Councilman Michael Coleman Councilwoman Erin Enouen
Councilman Adam Paddock Councilwoman Charlotte Smiseth
Supervisor Michael Baden Deputy Town Clerk Christina Ferrara
Attorney Marylou Christiana

ABSENT:

Town Clerk Kathleen Gundberg

ACCEPTANCE OF AGENDA:
Resolution # 361-2022:

A Motion was made by Councilwoman Enouen that the Town Board accept the agenda, as prepared by the Town Supervisor with two additions and one change. Request to move town board member time to after public comment, add SEQRA determination for Local Law 7-2022, an appointment of an employee for the transfer station.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried

ATTORNEY FOR THE TOWN REPORT:

Sending out e-mail comments (not for public) to the board. Wants to clarify a previous question about contracts. ARPA does not say there has to be a contract however, a sub-recipient must agree to certain conditions.

TOWN CLERK/ TAX COLLECTOR REPORT:

RESIGNATION:

Resignation was received from Walter Miller- Constable

HIGHWAY SUPT. REPORT:

Finished the road projects for the Summer.

SUPERVISOR’S FINANCIAL REPORT:

August 2022 report – Filed with the Town Clerk

August 2022 Financials
Revenue August 2022
General Fund $201,187.80
Highway Fund $ 7,295.38

Expenditures
Abstract 8-2022
General Fund $ 57,323.77
Highway Fund $273,914.86
Street Lighting Fund $ 272.05
Escrow Fund $ 4,121.91

Total Expenditures August 2022
General Fund $115,018.94
Highway Fund $310,573.94
Street Lighting Fund $ 272.05
Escrow Fund $ 4,121.91

SUPERVISOR’S CORRESPONDENCE REPORT:

-Thank you for support from Accord Sr. citizens
-Ulster County Environmental Management Council to appoint a member.
– Received correspondence from Town Clerk regarding Primary Day.
– U.S. Equal Employment Opportunity Commission,Ulster County Legislature has formed the Ulster County — – Law Enforcement Community Engagement Committee asking for nominations for people to serve and ask the – Town of Rochester to offer any recommendations by November 1st,2022.
– Sales Tax Report received an extra payment of $76,511.28 for last year. This 4 month period $59,144.38.
– Taxation and Finace Department Jeremy Baracca has completed the requirements to be a New York State certified Assessor, Congratulations!
– Department of Environmental Conservation (DEC) deadlines for 360 and 361 compliance involving facilities that deal with waste, they are not referring to our transfer station only waste and landfills themselves. – – –*—— Communications received from residents, also one from the attorney that is dealing with our insurance.

SUPERVISOR’S UPDATE:

Burn Ban Executive Order-Supervisor Baden issued a Declaration of State of Emergency effective 12:01am August 23,2022 until further notice.
Grant Updates- Boice Mill Bridge – 6-8 months for design, BIDS should go out in Fall of 2023,possible start of construction Spring 2024 with completion due by 2026.
NY Rising – Alligerville Firehouse – 95% near completion, Harold Lipton Community Center – Still waiting for signoff on final paperwork.
BridgeNY – Boice Mill Road Bridge will be getting contract to us for approval.
LGRMIF – Building Dept. / Code Enforcement record conversion – have until the end of December to complete.
JCAP – Courthouse bathroom ADA compliance reconstruction – Must go back out to BID
O&W Trail – Ulster County / OSI project – Taking off the agenda until Spring
ARPA Funding -Need to figure out, have a balance
Upcoming Public Hearings – September 21,2022 6:30pm – Add a new use to an Economic Enterprise Overlay (EEO) at 2919 Lucas Ave. September 29,2022 at 6:00 pm – 5 public hearings on Zoning Chapter 140.

DEPARTMENT UPDATES/ LIAISON REPORT:

Councilwoman Enouen:
Transfer Station 3rd position to be filled. Recent updates at the Exchange: volunteers painted,electrical work. Have a small budget and proposal to build a floor to keep the water out and everyone safe. October 8,2022 from 12-2pm will be Appreciation Day including some education on recycling.
ECC will meet via ZOOM Thursday September 15, 2022 @ 6:30pm. Topic-Culverts,waterways and wetlands given by Ulster County Dept of Environment and Ashokan Watershed Council. ECC wants to create a small pollenator garden next Spring near the town hall.
Planning Board currently has several open applications. Chair Psaras will be attending a Pace University training.
Code Enforcement Discussed idea of sending informational emails to Short Term Rental (STR) owners for example, burn ban alerts.
Councilman Paddock:
Recreation Dept.: Summer program has come to an end, Ashley would like to thank all of the staff for making the summer a wonderful experience. Also like to thank the town board for allowing this program to continue every year and the community is very grateful. August 29th the Recreational Department hosted an adult paint class. Reminder that Heritage Day 2022 will take place on Saturday October 1st. The Recreaton Department is still looking for contestants to enter in the Jennie Bell pie contest with youth and adult categories, with cash prizes. Please contact the recreation center for more information to sign up (845)626-2115.
Constabulary:
The Constabulary answered 21 direct calls for service and other duties in August of 2022.
These included:
• 13 Neighbor to Neighbor and Quality of Life Complaints
• 3 Resident Traffic Complaints (Cherrytown Rd, Whitfield Rd.,Mettacahonts Rd.)
3 Environmental Complaints, (Whitfield Rd. Rochester Ctr Rd., Cherrytown Rd.)
• 5 New Building Department Violations
• 0 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
At the beginning of this month traffic complaints were again up including increased numbers of
complaints regarding traffic volume, speeds and erratic operation of vehicles on town roads. The last few
days showed a decrease in traffic complaints on Cherrytown Rd, Clay Hill Rd, and Samsonville Rd.
Likely due to the closing of local Summer Camps. Short Term Rental properties continue to generate
increasing numbers of complaints that include trespassing, loud noises, road/driveway blockages and
garbage dumping. We continue to work with the building department on those issues. At the “Deep
Hole” swimming hole, due to increased patrols in the area we have had reduced daily complaints
regarding vehicles parked unsafely along the roadway and in the Fire department draft area. We
continue to rectify the situation each time it is reported and/or observed. The Monster Truck Show at the
Accord Speedway at the end of the month was managed far better than last year with traffic being kept
flowing on Whitfield Rd. We worked with the SPCA to rescue a dog whose owner had passed away. Due
to the State of Emergency regarding the drought and ban on fires, we have responded to multiple calls
regarding open burning. All fires were extinguished with no damage nor loss. Neighbor to neighbor
complaints have increased this month and all have been defused without further action necessary.

Councilman Coleman:
ZBA: Nothing on the agenda,September meeting is canceled. Finished up an issue from a previous application.
We are still looking to fill the alternate seat, will reach out to past applicants.
Spectrum: no update
Fire District: Want to thank all of the volunteers who have been responding to the mutual aid calls for the fires at Minnewaska. At this point, it is a coordinated effort with State and Federal agencies. Just want the volunteers to all know we really appreciate them.
MFAU: does not have the number of calls,will follow up with them.
KAFAS: July responded 79 of 91 calls, that’s 86% response rate. They have 7 paid staff starting September 3rd,2022 and we’re still coordinating with them on the contract this year.

Councilwoman Smiseth:
Housing Committee: Still in the interview process
Elder Care: Typically winter months are the busy season. Discussed expanding program to not only emergencies but maybe more of neighborly issues.

Assessor Report: Office Organization – Joanne and I continue to organize the office so we are able to work more effectively and efficiently according to IAO (Institute of Assessing Officers) guidelines. I am in desperate need of a new functional desk. Property Inspections- Will attempt to do more property inspections as time permits. Office Work – We will continue to work on processing sales, entering building permits,certificates of completion. We will be pulling plans at the building department, answering calls, assisting property owners with their questions and issues. Daily assisting the general public that may walk in looking for deeds, tax maps and owner information. I will be taking my final vacation days in the month of September. We have received 5 SCAR applications from Aventine Properties. Joanne and I are extremely busy processing the heavy load of recent sales, building permits, property inspections, issuing 911 address requests and processing certificates of completion,among all the other office duties we normally perform on a daily.
The Assessor has instituted a policy that he will only provide deeds to a property owner. Others may request deeds on the Ulster County website or go directly to the Ulster County Clerk’s Office.

PUBLIC COMMENT:

Meg Smith: The definition of the new parking law in Town of Rochester was taken from the Town of Milton. They have a village police department, not constables. We haven’t yet defined what a constable is; so in Ecode 360, under constable, we’ve waived the law that they don’t have to live in our town. The Town of Alden describes very thorough what a constable is. It doesn’t include everything that our constabulary does.
Ms.Smith reads from The Rochester Constable Police Initial Assessmenrt Report dated March 2,2022:
Town Supervisor requested an initial assessment of the Town of Rochester Constable Police Department (RCPD) administratively with recommendations of any identified problems. This initial assessment is the result of interviews with the Town Supervisor and the Chief Constable. The assessment does not include assessment of the buildings,vehicles, or agency equipment. This assessment is not a complete assessment.
Ms. Smith skips to the yearly cost of training per officer for ammo,taser cartridges,minimum hours of training in March of 2020- $365. Recommended policies and procedures: The administration of the department has limited part time experience. Small departments must incorporate all its officers as administrators to properly function. The department presently has one officer as a Chief. The Chief completes the added administrative duties on his own time. It is recommended this practice be addressed.
It is recommended the department policy and procedures be reviewed immediately by the Chief, Town Board, and Town Attorney in order to follow Town Board Resolution # 30-2019. The resolution and the department policy and procedures manual are not in sync with each other. See the initial “Policy Clarification Assessment” for identified issues in the policy manual. It is recommended the policy manual be rewritten and reviewed by the Town Attorney and all Town Board members for approval immediately.
It is recommended there be a new Town Board Resolution to be more specific in the types of calls the constables are authorized to respond. There needs to be clarification on the (#14) – what extent constables investigate criminal and civil complaints.
This is a Town record. We keep identifying the constabulary as a law enforcement agency. When no one, the County, 911, has deemed them a law enforcement agency. If so, they would’ve been under the governor’s executive order for police reform. I am asking the Town Board again instead of saying we have this wonderful program, we need to evaluate what it is, how we pay for it. The past need to be addressed its not hundreds of parking tickets, and assessed a lot of fines for people that didn’t have the money.

Bea Haugen-Depuy: Referring to ARPA money, could it be given to them with a simple contract stating that they will give it back with vouchers or expenditures, Proof of purchase. Wasn’t there a date of completion on the contract for the Harold Lipton Community Center, it’s been long enough. Boice Mill Bridge, I want this bridge to be memorialized to Herman “Stubby” Dunn.

Marc Grasso- Short -Term Rental- please explain the formula how we came up with the cap of 50 new permits. I just think its important to discuss for people who have recently moved in.

Meg Smith: The “no parking” signs on Towpath Rd and Sunset Dr are facing the road. People from the city are very good at navigating signs. You can go all way down those roads and not see those signs. To Erin, the idea of sending the short-term rental owners emails, we could tell the owners its not okay to tell the patrons to go to the private swimming hole. Please, they can advertise Minnewaska, Arrowood, all of our local businesses,but not one of our private treasures don’t give up deep hole. Especially since we are already having an issue keeping it private.
Shirley Avery: They dammed up deep hole before the weather got terribly hot, stopped the water flow, now there’s no water flow. It’s dirty,the dogs are in there, it’s horrendous, it’s low,it’s bug infested, it’s Polio water! Don’t you people remember Polio? It’s back, I wouldn’t put anything in that water.

TOWN BOARD MEMBER TIME:

Councilman Coleman: Response to Bea,I think that is a reasonable request that in workshop meetings, if we were potentially voting on anything that has budget impact, we should possibly have public comments just about those items. As board members it’s our responsibility to be respectful of tax dollars. With KAFAS we’ve heard a lot of equipment issues so if it is possible to do a contract that is specific to equipment is a worth while consideration so we can look at service component of the contract separately.

Supervisor Baden: a lot of it is not quite as cut and dry as just show a receipt though. The ARPA monies requires certain categories of funding. The town can claim it as funds not received but we can’t then take money and give it to someone else. The reporting back is quite complicated.

Councilwoman Enouen: We could do a board review of the contractual program.

Supervisor Baden: Constables are covered under the New York State Civil Service Law. There is a job description that Ulster County maintains. Constables per NYS law are considered peace officers. Very few job descriptions are in our code as its done by civil service. Other than our normal court operations, which the judges oversee, the supervisor gives authorization when and how they are used whether there is a certain event, occurrence or needed patrol. There is a section in Local Law 7-2022 that addresses judges to make changes in fine amounts. The short-term rental: law was set in September 2021, with a four month grace period to sign up with a cap of 100 non-owner occupied permits for 2022,owner occupied, no cap. As of August 1st there are 122 registered short-term rentals. 64 owner occupied, 58 non-owner occupied, not knowing how many are grand-fathered in,currently have not reached the 100 cap. Based on the 2020 census, we are approximately 3% of the housing units in the town. Looking to set the 2023 to 50 for “new” permits.

APPROVAL OF MINUTES:
Resolution # 362-2022:

A Motion was made by Concilwoman Enouen the Town of Rochester Town Board accepts the minutes of the August 2 Public Meeting, August 2 Business Meeting, August 17 Workshop Meeting, August 25 Special Meeting, August 25 Audit Meeting, and August 25 Public Meeting, as amended.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried
ACCEPTANCE OF DONATION:
Resolution # 363 -2022:

A Motion was made by Councilwoman Smiseth The Town of Rochester Town Board accepts donation of $46.56 from St. Pauly Textile.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

ADOPTION OF A SPECIAL DISTRICT: KERHONKSON-ACCORD AMBULANCE DISTRICT:
Resolution # 364-2022:

A Motion was made by Councilman Coleman

Whereas; On July 7, 2022, The Town of Rochester Town Board, with resolution #291-2022 and subject to permissive referendum, adopted proposed establishment of a Special District to be known as the Kerhonkson-Accord Ambulance District, effective January 1, 2023; and

Whereas; Legal notice for adoption of resolution and notifying the residents that is subjected to permissive referendum was published in the July 15th edition of the Shawangunk Journal; and

Whereas; On August 17, 2022, the Town Clerk Kathleen Gundberg provided certification to Ulster County Clerk Nina Postupack that no petitions had been filed in the office of the Town Clerk; and

Therefore; Pursuant to resolution #291-2022, the Town of Rochester Town Board establishes the Special District Kerhonkson-Accord Ambulance District for the benefit of all of the property and property owners in the proposed ambulance district; and

The Town Supervisor, in collaboration with Ulster County Real Property, Town of Rochester Assessor, and Town of Rochester Tax Collector, shall be authorized to designate a parcel list of all the property and property owners located within the district.
Second:Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

ADOPTION OF A SPECIAL DISTRICT: MARBLETOWN AMBULANCE DISTRICT:
Resolution # 365-2022:

A Motion was made Councilman Coleman

Whereas; On July 7, 2022, The Town of Rochester Town Board, with resolution #292-2022 and subject to permissive referendum, adopted proposed establishment of a Special District to be known as the Marbletown Ambulance District, effective January 1, 2023; and

Whereas; Legal notice for adoption of resolution and notifying the residents that is subjected to permissive referendum was published in the July 15th edition of the Shawangunk Journal; and

Whereas; On August 17, 2022, the Town Clerk Kathleen Gundberg provided certification to Ulster County Clerk Nina Postupack that no petitions had been filed in the office of the Town Clerk; and

Therefore; Pursuant to resolution # 292-2022, the Town of Rochester Town Board establishes the Special District Marbletown Ambulance District for the benefit of all of the property and property owners in the proposed ambulance district; and
The Town Supervisor, in collaboration with Ulster County Real Property, Town of Rochester Assessor, and Town of Rochester Tax Collector, shall be authorized to designate a parcel list of all the property and property owners located within the district.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried

ADOPTION OF 2023 CAP ON NEW PERMITS FOR NON-OWNER OCCUPIED SHORT TERM RENTAL UNITS:
Resolution # 366-2022:

A Motion was made by Councilman Paddock The Town of Rochester Town Board establishes a cap of 50 new permits for Non-Owner Occupied Short Term Transient Rental Units for the period of January 1, 2023 to December 31, 2023.
Second: Councilwoman Enouen

AMENDMENT TO RESOLUTION # 366-2022:

A Motion was made by Councilwoman Enouen and Seconded by Supervisor Baden to amend the Resolution
# 366-2022 to establish a cap of 40 new permits.

Resolution # 366-2022:

A Motion was made by Councilman Paddock The Town of Rochester Town Board establishes a cap of 40 new permits for Non-Owner Occupied Short Term Transient Rental Units for the period of January 1, 2023 to December 31, 2023.
Second: Councilwoman Enouen
Discussion: Councilwoman Smiseth wants the amount of permits allowed dropped to 25. The Board agreed to drop it from 50 to 40.

Aye: 4 nay: 1-Smiseth abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO SIGN A CONTRACT- LANDFILL MONITORING:
Resolution # 367-2022:

A Motion was made by Supervisor Baden upon recommendation of the Town Supervisor, the Town of Rochester Town Board accepts the contract proposal from C.T. Male Associates Engineering, Surveying, Architecture, Landscape Architecture & Geology, D.P.C., to provide landfill monitoring and reporting services during the 2022 calendar year for the Town of Rochester Landfill located in Accord, NY as per the proposal dated July 25, 2022, and authorizes the Town Supervisor to sign the contract.
Second: Councilman Paddock

AMENDMENT:

Supervisor Baden amended Resolution # 367-2022 to read motion to include the following;

Upon recommendation of the Town Supervisor, the Town of Rochester Town Board accepts the contract proposal from C.T. Male Associates Engineering, Surveying, Architecture, Landscape Architecture & Geology, D.P.C., to provide landfill monitoring and reporting services during the 2022 calendar year for the Town of Rochester Landfill located in Accord, NY as per the proposal dated July 25, 2022, and authorizes the Town Supervisor to sign the contract upon agreement of the limit of liability for the endemity clause by our insurance agent.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

DISCUSSION ITEMS:

2023 Medical Insurance, Health Reimbursement Account, Flexible Spending Account, Vision, and Dental Insurance contract:

The Town Board decided to table the proposed Medical Insurance Resolutions until the September workshop meeting.

ADA BATHROOM- JUSTICE COURT- AUTHORIZATION TO CIRCULATE AN RFB:
Resolution # 368-2022:

A Motion was made by Councilman Paddock that the Town Board authorizes the Supervisor to circulate the RFB for the design and construction of single ADA bathroom in the Town of Rochester Justice Court.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried

AFTER SCHOOL PROGRAM PROPOSAL:
Resolution # 369-2022:

A Motion was made by Councilwoman Smiseth to authorize the Recreation Director to advertise and administer the after school program for 2022-2023.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried

ASSESSOR’S OFFICE REQUESTS- DESK AND TRAINING:
Resolution # 370-2022:

Supervisor Baden pre-authorized Assessor training for Jeremy Baracca at a cost of less than $1,000.

A Motion was made by Supervisor Baden to authorize the supervisor to spend no more than $600 to purchase a desk for the assessor.
Second: Councilwoman Enouen
Discussion: all in agreement to support the used furniture route.
Aye: 5 nay: 0 abstain: 0 motion carried

ZONING LAWS UPDATE:

We are up to letter S of the proposed local laws. Supervisor Baden stated that he is going to bring another 5 proposed laws before the Board at the workshop meeting. By the workshop meeting we should be getting close to moving forward. When we get the comments back for them all we will consolidate them all we can do one of two things; a local law per article or a local law for the whole chapter. We will have to re-refer it to agencies. We are going to have to spend time on the map, the definitions, and uses which we’re leaving until the end. Hoping to make our December 7, 2022 deadline however that may not happen once we send out referrals. But I would like to finish zoning before we go into subdivision.

HOUSING COMMITTEE:

Councilwoman Enouen would like more applicants. Councilwoman Smiseth stated that we should contact those that submitted applications letting them know we will be back in touch soon. The Shawangunk Journal wants to run a story on the housing committee.

HIRING OF TRANSFER STATION EMPLOYEE:
Resolution # 371-2022:

A Motion was made by Councilwoman Enouen to hire Troy Pagan to the position of Laborer at the Transfer Station at a rate of $16.00 per hour subject to approval by Ulster County Personnel with a start date of September 6, 2022.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried

SEQRA DETERMINATION OF PROPOSED LOCAL LAW # 7-2022:
It was agreed that it would be listed as an unlisted action.

Resolution # 372-2022:

A Motion was made by Councilman Paddock that the Town of Rochester Town Board, based on the information and analysis above and any supporting documentation that the proposed action will not result in any significant adverse environmental impacts.
Second: Councilman Coleman

ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 5-0 aye, motion carried

ADOPTION OF LOCAL LAW # 7-2022: AMENDING CHAPTER 132: VEHICLE & TRAFFIC:
Resolution # 373-2022:

A Motion was by Supervisor Baden that the Town Board adopts Local Law #7-2022 amending Chapter 132: vehicle and traffic of the Code of the Town of Rochester and for the Town Clerk to file such law with the secretary of state.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried

ADJOURN THE MEETING IN MEMORIAM OF;
Harry “Jake” Krom
Warran Slutsky
Adele Henderson
Frances Gerrety Smith
Elaine Anne Haener
Vernon “Jake” Schwab
Frank Snyder
Nicos Linden Benjamin
Mary O’Dell
Richard “Dick” Henry
Frederick Wiedemann Jr.
Michelle Sze Donghia
Rueben Matthews Jr.

The people of Ukraine
All suffering worldwide from the COVID-19 virus
All of the firefighters and volunteers in Napanoch

EXECUTIVE SESSION:

A Motion was made by Councilwoman Enouen that the Town of Rochester motions to enter into executive session at 9:21 pm for the purposes of discussion of a particular matter involving a particular contract.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

RECONVENE THE MEETING:

A Motion was made by Councilwoman Enouen to reconvene the meeting at 10:07pm with no action taken nor monies expended.
Second: Councilwoman Smiseth

ADJOURNMENT:

A Motion was made by Councilwoman Enouen to adjourn the meeting at 10:07 pm.
Second: Councilwoman Smiseth motion carried

RESPECTFULLY SUBMITTED,

CHRISTINA FERRARA
Deputy Town Clerk