Town of Rochester Town Board held the Regular Meeting on October 6, 2022 at 6:30pm at the Harold Lipton Community Center located at 15 Tobacco Road, Accord, NY 12404
To View the Meeting
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
PRESENT:
Councilman Michael Coleman Councilwoman Erin Enouen
Councilman Adam Paddock Councilwoman Charlotte Smiseth
Supervisor Micheal Baden Town Clerk Kathleen Gundberg
Town Attorney Marylou Christina
Supervisor Baden opened the meeting and led in the Pledge of Allegiance to the Flag.
ACCEPTANCE OF AGENDA:
Resolution # 399-2022:
A Motion was made by Councilwoman Smiseth that the Town Board accepts the agenda, as prepared by the Town Supervisor with the following additions; Priviledge of the floor to Bea Haugen-Depuy,adding discussion of KAFAS and possible resolution, ARPA funding possible resolution, Items N & O moved to discussion items, park pavilion roof quotes and R & S removed.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
OCTOBER IS BREAST CANCER AWARENESS MONTH:
Resident Bea Haugen-Depuy reminded everyone that October is breast cancer awareness month and as a 2 time cancer survivor it is important for both men and women to get checked.
AMBULANCE SERVICE AGREEMENT:
The Town board discussed the revised contract submitted by KAFAS showing the indemnification clause. Sprague and Killeen Insurance Representative Dwight Coombs stated that as insurance rep for both the Town and First Aide squad the insurance with cross indemnification has the squad and Town responsible for their own things. We are where we need to be now.
AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH KAFAS:
Resolution # 400-2022:
A Motion was made by Sueprvisor Baden that the Town Board authorizes the Supervisor to sign contract between the Town of Rochester, 50 Scenic Road Accord, NY 12404 and Kerhonkson Accord First Aide Squad, 6055 Route 209 Kerhonkson, NY 12446 for services for year: 1/1/2022- 12/31/2022 with a payment in the amount of $ 175,000.00 paid upon signature of contract.
Second: Councilman Coleman
ROLL CALL VOTE:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 5-0aye, motion carried
AUTHORIZE SUPERVISOR TO MAKE PAYMENT OF ARPA FUNDS TO GENERAL FUND:
Resolution # 401-2022:
A Motion was made by Councilwoman Smiseth to authorize the Supervisor to make payment of $ 131,000.00 in ARPA funds to the General Fund.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
TOWN CLERK/ TAX COLLECTOR REPORT:
For the month of September $ 40,554.01 was submitted to the Town Supervisor
RESIGNATION:
Resignation for Tabitha Ziba- Deputy Town Clerk 2
HERITAGE DAY:
On behalf of Friends of Historic Rochester we would like to thank the following volunteers; Jared Gundberg, Donnie & Lisa Rider, Reilly Waddell, Christina Ferrara, Brian Rand, Brenda Hof, Sally Roy, Peter Nelson, Rich Miller, Melissa Mertz, Rita Harkins, Members of the Recreation Commission and Historic Preservation Commission, Pat Davis, Will and Alyssa Farrell, Courtney Coffey, Members of Accord Company 1 & 2 Fire Departments , Deb Martin, Jim Ayers, Anna Henebery, Jeff Frey, Tom Crotty & Matt Dennin. There were so many more that were offering a helping hand throughout the day and we can’t thank you all enough. There was great music, food and entertainment for all and this could not have been done with out our Financial donors; Westwind Orchard, Sprague & Killeen Inc., Zachary Kleinhandler , Modern Accord Depot LLC, Accord Market, Philliber Research Associates, Solid Waste Disposal Service, Saunderskill Farms, First Student ,The Revenue Markets Inc., Medenbach & Eggers, David Lawrence Construction, KMR Landscape & Excavation, H. B. Humiston Funeral Home, Diane Schoonmaker & Patrick Williams, Bob Gaydos Auto Body, Bells Christmas Trees, Domino Farm, William J Redding DMD, Williams Lumber & Home Centers, Gene’s Tire Service, Dave Estroff Plumbing and Heating, & Daryl Scraggs. We also would like to thank the residents of Main St. and Schoolhouse Road for their patience and understanding for us holding a festival.
HIGHWAY SUPERINTENDENT REPORT:
Highway 284 Agreement to be signed after the resolution is approved. Boice Mill Road Bridge: signed contract with HVEA and have an appt. for 1pm tomorrow with the DOT.
Supervisor’s Financial Report
September 2022 report – Filed with the Town Clerk
September 2022 Financials
Revenue September 2022
General Fund $ 97,860.93
Highway Fund $ 3,744.60
Expenditures
Abstract 9-2022
General Fund $ 82,182.65
Highway Fund $ 51,427.94
Street Lighting Fund $ 0.00
Escrow Fund $ 3,744.60
Total Expenditures September 2022
General Fund $ 147, 721.13
Highway Fund $ 106, 384.74
Street Lighting Fund $ 0.00
Escrow Fund $ 3,862.87
SUPERVISOR’S CORRESPONDENCE REPORT:
– DOT letter replacing culvert on federal AID eligibles routes Laurel Hollow and Jenny Lane
– NYSERDA grant training
– Comptrollers memo: federal aid received.
– Revenues of fiscal oversight
– NY Planning Federation- ethics planning/ zoning
– Housing smart communities
– Housing issues
– Town of Marbletown Supervisor regarding Shared Assessor
– Memorandums of time frame for budget
– Rondout / Esopus land Conservancy Head Quarters: asking for highway to clear brush/weeds opposite of the Alligerville Firehouse
– Association of Towns 10/2022 edition
– Resiliency grants available
SUPERVISOR’S UPDATE:
a. COVID-19 report: 82.2 % of the Town has received the first dose, 75.8 % completed overall, currently there are 6 cases, 1557 confirmed cases and 8 deaths.
b. Grant Updates
1. NY Rising – Alligerville Firehouse: supply chain issue holding up the progress.
2. Harold Lipton Community Center: the engineer firm finally sent receipts need to close out the project.
3. BridgeNY – Boice Mill Road Bridge: discussed earlier
4. LGRMIF – Building Dept./Code Enforcement record conversion: have to be completed by December.
5. JCAP – Courthouse bathroom ADA compliance reconstruction: sent out second call for contractors and received nothing, should we put another call out?
c. Fiscal Stress Report: based on the 3 criteria the Town is at a perfect zero. No trigger for fiscal stress.
d. 2023 Budget: the tentative budget is available. A recent article stated that the Town expenditure line increase 25 % what it didn’t state is the revenue line increase 22 %. Much of this is due to the Boice Mill Bridge contract and the creation of the Ambulance district. The tentative budget is at 4.93% increase and the Board will be working the next month on cutting costs so this will decrease.
e. Ulster County updates: the County presented the budget with a 3 % decrease in the tax levy.
f. Upcoming Public Hearings: 10/27 T-W – zoning changes.
DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilman Coleman: ZBA no meeting held. We are still working to fill the vacant position. We do have one interested candidate. The Chair of the ZBA is interested in talking about the ZBA budget request. Spectrum: no updates yet, I did reach out to them regarding a consolidated price for the Town. EMS/ Fire: the Town of Marbletown first aid squad had a 97.8 % response rate, KAFAS had a 97.4 % response rate which has been a good validation that having paid staffing making response rate faster and shows this model works great!
Sueprvisor Baden stated that regarding spectrum the county comptroller is forming a sub committee and working on a price to build out all of Ulster County to non service areas.
Councilwoman Smiseth: Eldercare: no updates, circulating food pantry flyer and wellness care and visit update form. Housing Committee: would like to hold interviews soon to get on the committee.
Councilwoman Enouen:ECC: meeting cancelled last week. Planning Board: meeting will be held on 10/12 due to holiday. Transfer Station: this Saturday we are having volunteer appreciation at noon for our volunteers to TORE. Working on Education awareness and UCRRA holds monthly classes.
Councilman Paddock: Recreation Dept.: After school program is up and running, there are still openings for those interested. Kerhonkson Basketball program sign ups are on 10/11 and 10/13 at Kerhonkson elementary. The pie contest and children events at Heritage Day were a huge success , great job to all those who participated. Halloween Party : 10/28 from 5-7 pm call the Rec Dept. to sign up. Constabulary:
The Constabulary answered 21 direct calls for service and other duties in September of 2022.
These included:
• 14 Neighbor to Neighbor and Quality of Life Complaints
• 5 Resident Traffic Complaints (Krum Rd., Cherrytown Rd, Whitfield Rd.,Lwr. Whitfield Rd.,
Mettacahonts Rd. )
2 Environmental Complaints, (Whitfield Rd. Rochester Ctr Rd.)
• 6 New Building Department Violations
• 2 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
Traffic complaints were again up this month including increased numbers of complaints regarding traffic
volume, speeds and erratic operation of vehicles on town roads. Trespassing and harassment complaints
are up this month and investigations are ongoing. We assisted the Animal control officer with a court
summons for a “dog at large” complaint. A resident called for assistance with an assault on his person,
this was already a NYSP case. They were notified. Short Term Rental properties continue to generate
increased numbers of complaints that include trespassing, loud noise, road/driveway blockages and
garbage/trash dumping. We continue to work with the building department on those issues. Neighbor to
neighbor complaints have deccreased this month and all have been defused without further action
necessary
Supervisor Baden: Assessor’s office: Joanne and I are continuing to organize the office so that we are able to work more effectively and efficiently according to IAO ( institute of Assessing Officers) guidelines. I am in desperate need for a desk. I will be attempting to do property inspections as time permits. We will continue to work on processing sales, entering building permits, certificate of completion. We will be pulling plans at the building dept., 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. We will start to get prepared for sending out property exemption notices.
School taxes: I plan to attend the next school board meeting to discuss the school’s ability to raise the threshold exemption levels for Seniors.
Town Clerk Gundberg: HPC: At Heritage Day Historic Preservation Awards were presented to homeowners who renovated their homes with keeping the historical character or renovating towards its historic origins. Recipients of this year’s awards were Frank Macagone & Keith Eddleman of Crested Hen, Adam Bloom of 1078 Samsonville Rd the Reservoir house, Hank Hiejink of Appeldoorn Farm and Nancy Purdums of Whitfield’s one room schoolhouse. Working on replacing the Historic Marker signs.
PUBLIC COMMENT:
Charles Nerko: Thank you to the Board for working with us on getting the contract finalized. The
$ 175,000.00 is being invested in making our community safe with paid staff and making sure we have the good equipment needed, better training and we commend the Town Board for their partnership.
Clayton Haugen: Thank you for finally entering into contract with KAFAS. I have concern with resolution J: Court positions. I caution the Board to do it, do a little research. Look into the MPTC training the Supervisor is in charge I encourage the Town Board to set up a commission. This could potentially set us up for law suits and other potential problems. Resolution O I appreciate the clarity because the article was very misleading and the elephant in the room is the $ 9,000.00 raise. Last year the public expressed their displeasure, everyone is entitled to a raise but a reasonable one, please visit this budget.
Shirley Avery: The Palentown School house. Can we get a rider on insurance for volunteers to come in and use small equipment to fix the issue? This place has to be preserved. Social security gave a 5.9 % raise last year and your looking for 23 %.
Joe Vitti: I am an EMT for Marbletown First Aid Unit and thank the Town Board for the work they have done. The conversation began with Chris Hewitt in September of 2020 of the challenges we faced with not having enough volunteers. January 2021 we held a meeting and the Ambulance Improvement District came up ,we were glad that the community members supported spending money knowing a crew is sitting at the facility and support paying for readiness. Hats off to all involved for sharing that vision!
Bea Haugen-Depuy: Assessor’s Office: Deeds should be made available to the property owner. It was stated to a resident that the County implemented this policy of going to the County to get a copy of a deed but that is not true. It is good to keep at the Town level especially at the senior level. The resolution appointing court security I have a letter from Kelly Conlin on the advice of the Attorney stating that Court officers cannot be constables at the same time. Please check into more before this push forward for the safety of the Town. From 2021 to 2022 the proposed increase is $ 9306.00 with the Supervisor Personnel line 9.1 being $ 102,700.00
Clayton Haugen: We are holding a Halloween party on 10/29/22 from 8-11am with a pancake breakfast. Come in costume. Located at the Harold Lipton Community Center.
Shirley Avery: The ambulance district will have a Board of Commissioners?
David Linscott: nice job with the fireworks and Heritage Day!
Shirley Avery: The HPC knows nothing about paying for the bus for the farm bus tour. It is not in the minutes and even Alice knew nothing about it.
TOWN BOARD MEMBER TIME:
Supervisor Baden: regarding the Palentown School I have been in contact with Barry Medenbach an Engineer to see what needs to be done.
RESOLUTIONS:
ACTION ON MINUTES:
Resolution # 402 -2022:
A Motion was made by Councilman Coleman that the Town of Rochester Town Board accepts the minutes of the September 1 Public Hearing, September 1 Business Meeting, September 21 Public Hearing, September 21 Workshop Meeting, September 29 Audit Meeting, and September 29 Public Hearings.
Second: Councilman Paddock
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
AMENDMENT TO RESOLUTION:
Resolution # 403 -2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board amends resolution 398-2022 to approve payment of Highway Fund vouchers in the amount of $49,799.94 for abstract 9-2022.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
ACCEPTANCE OF DONATION:
Resolution # 404-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board accepts donation of $554.80 from the Rondout Valley Education Foundation for the purchase of Summer Youth Program T shirts and $69.39 from St. Pauly Textile.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried
APPOINTMENT TO THE ECC:
Resolution # 405-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board appoints James Easley to membership on the Environmental Conservation Commission for a term ending December 31, 2024, and requests the Town Clerk inform of the Oath of Office requirements.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING THE SUPERVISOR TO INITIATE RENEWAL OF A CONTRACT:
Resolution # 406-2022:
A Motion was made by Supervisor Baden that the Town of Rochester Town Board authorizes the Town Supervisor to renew MVP USA Care PPO Plan for the plan year 1/1/23-12/31/23 as presented by Marshall & Sterling and for the Supervisor to sign the agreement covering retirees enrolled in Town health insurance.
The rates are decreasing by -0.48%
Current rate = $371.13/month
Renewing rate = $369.36/month
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
CHANGE IN MEETING DATE:
Resolution # 407-2022:
A Motion was made by Councilman Paddock that the Town of Rochester Town Board changes the special meeting scheduled for October 17, 2022 to October 24, 2022 at 6pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY and requests the Town Clerk post legal notice.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
APPOINTMENT OF EMPLOYMENT POSITION:
Resolution #408 -2022:
A Motion was made by Councilwoman Enouen on request of the Highway Superintendent, that the Town of Rochester Town Board appoints Patrick Davis to the position of MEO, Seasonal, for the period of October 1, 2022 through December 31, 2022 at a pay rate of $24.85 per hour for hours worked, subject to approval by the Ulster County Personnel Department. The employee is not subject to the collective bargaining agreement.
Second:Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried
TOWN HIGHWAY SECTION 284 AGREEMENT:
Resolution # 409-2022:
A Motion was made by Supervisor Baden that the Town Board approves the expenditure of $695,547.68 in highway monies for the primary work and general repairs of 111 miles of Town highways, in accordance with Section 284 of the Highway Law, and authorizes signature of the agreement. The expenditures have been verified as being budgeted Highway Fund amounts for 2022 by the Supervisor.
Nova Chip Queens Hwy. not to exceed $176,228.29
Fibermat Rocky Mountain Rd not to exceed $47,896.41
Oil and Chip Boicemill Rd not to exceed $92,422.98
Leghorn Rd.
Rose Hill Rd
Trailsend Rd
Vantine Rd
Pugmill Pave Schroon Hill Rd not to exceed $50,000.00
Crack Seal Boicemill Rd. not to exceed $15,000.00
Blacktop Cedar Dr. not to exceed $206,000.00
Blacktop Cherry Hill not to exceed $37,000.00
Fog Seal Rocky Mountain Rd not to exceed $10,000.00
Guiderail Queens Hwy not to exceed $6,000.00
1A Stone, 500 ton not to exceed $20,000.00
Hot Box 4 Ton not to exceed $35,000.00
Second:Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried
AMENDMENT TO RESOLUTION:
Resolution # 410-2022:
A Motion was made by Supervisor Baden that the Town of Rochester Town Board adopted resolution 364-2022 on September 1, 2022, establishing the Special District Kerhonkson-Accord Ambulance District for the benefit of all of the property and property owners in the proposed ambulance district; Due to limitations by the Ulster County Real Property system the name is hereby changed to Rochester Ambulance District.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried
AMENDMENT TO RESOLUTION:
Resolution # 411-2022:
A Motion was made by Supervisor Baden that the Town of Rochester Town Board adopted resolution 365-2022 on September 1, 2022, establishing the Special District Marbletown Ambulance District for the benefit of all of the property and property owners in the proposed ambulance district; Due to limitations by the Ulster County Real Property system the name is hereby changed to High Falls Ambulance District.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
SETTING A PUBLIC HEARING:
Resolution # 412-2022:
A Motion was made by Councilman Paddock that the Town of Rochester Town Board sets a public hearing on the 2023 Town of Rochester preliminary budget pursuant to Town Law § 108, to be held Thursday November 3, 2022 at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404 and requests the Town Clerk circulate public notice. The preliminary budget will be available for viewing at the Town Clerk’s office, on the Town website, and https://ecode360.com/RO1435 28, on Friday October 28, 2022.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
SETTING A PUBLIC HEARING:
Resolution # 413 -2022:
A Motion was made by Council that the Town of Rochester Town Board sets a public hearing on Local Law 9-2022, Tax Cap Override pursuant to General Municipal Law § 3-c, to be held Thursday November 3, 2022 immediately following the public hearing on the 2023 Town of Rochester preliminary budget at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404 and requests the Town Clerk circulate public notice.
Second:
Aye: 5 nay: 0 abstain: 0 motion carried
DISCUSSION ITEMS:
The Board agreed to have Supervisor Baden get 3 quotes for roof repair of the Park Pavillion.
IN MEMORIAM:
The Town Board adjourns the meeting in memory of;
Hilda Marie VanNostrand
Vance Davis Rich
Virginia “Gina” Rauner
Arnold Yongen
Nancy Jennings
Nancy Joyce Quick
Donna Lynn Johnson
Leonard Wolcott Jr.
Patricia Cooper
Daniel Kelly
Pauline Shurter
Charlotte Reidel
Those suffering from the aftermath of Hurricane Ian
The people of Ukraine
All suffering worldwide from the COVID-19 virus
ADJOURNMENT:
A Motion was made by Councilwoman Smiseth to adjourn the meeting at 9:17pm.
Second: Councilman Coleman motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK