Town of Rochester Town Board held the Regular Meeting on December 1, 2022 at 7:15pm immediately following the public hearings 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
Town Supervisor Michael Baden Deputy Town Clerk Christina Ferrara
Attorney Marylou Christiana
ABSENT:
Town Clerk Kathleen Gundberg
ACCEPTANCE OF AGENDA:
Resolution # 462-2022
A Motion was made by Councilman Coleman that the Town Board accepts the agenda, as prepared by the Town Supervisor with an amendment of adding 2 vouchers to authorized payments.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried
RESOLUTIONS:
SEQRA LOCAL LAW # 10-2022: ESTABLISHING THE AMBULANCE DISTRICT:
Resolution # 463-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board determines Local Law 10-2022 will not have a significant adverse impact on the environment and should be classified as a Type II Action under the following 6 NYCRR Part 617 criteria. No further SEQRA review is required. 617.5 (c)(26), routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment.
Second: Councilwoman Smiseth
ROLL CALL VOTE:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye
Aye: 5 nay: 0 abstain: 0 motion carried
SEQRA LOCAL LAW 11-2022:
Resolution # 464-2022:
A Motion was made by Councilman Paddock that the Town of Rochester Town Board determines Local Law 11-2022 will not have a significant adverse impact on the environment and should be classified as a Type II Action under the following 6 NYCRR Part 617 criteria. No further SEQRA review is required. 617.5 (c)(26), routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment
Second: Councilman Coleman
ROLL CALL VOTE:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye
Aye: 5 nay: 0 abstain: 0 motion carried
DISCUSSION LOCAL LAW 10 & 11-2022:
Resolution # 465-2022:
A Motion was made by Supervisor Baden to adopt local law 10 &11 of 2022.
Second : Councilwoman Smiseth.
AMENDMENT OF RESOLUTION # 465-2022:
A Motion was made by Supervisor Baden to amend the resolution to change the name of the Board to Ambulance District Budget Advisory Committee.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
ATTORNEY FOR THE TOWN REPORT:
Supervisor’s Financial Report:
November 2022 report – Filed with the Town Clerk
November 2022 Financials
Revenue November 2022
General Fund $ 65,487.01
Highway Fund $ 3,002.76
Expenditures
Abstract 11-2022
General Fund $ 135,590.84
Highway Fund $ 138,491.95
Street Lighting Fund $ 1,220.37
Escrow Fund $ 5,691.06 + 78.52(account closed)
Total Expenditures November 2022
General Fund $ 210,079.08
Highway Fund $ 187,242.81
ADOPTED 2023 BUDGET OUTLINE:
Supervisor Baden stated the budget was adopted on 11/16/22 with an overall of 1.06% increase. The average household will pay $ 4.33 increase in taxes for the year.
SUPERVISOR’S CORRESPONDENCE REPORT:
NYS Pension Plan: there has been a very complex change in reporting. Seth has been going a great job at staying on top of it.
All information requested for the taxcap have been submitted.
Budget wise we are sitting well- the sales tax from the County was an added bonus
Recreation Department has started printing their own flyers. This is the second time printing them Bethany found a program that costs the Town less than 1 cent to print.
I. Supervisor’s Update
a. COVID-19 report: no updates
b. Grant Updates
NY Rising – Alligerville Firehouse: looks beautiful, wish we had a before and after photo. The project will be done by the end of December/
Harold Lipton Community Center: Finally closed out, just waiting on NYS to send letter stating its completion
BridgeNY – Boice Mill Road Bridge: project is moving forward
LGRMIF – Building Dept./Code Enforcement record conversion: records will be returned next week.
Ulster Cares II applications: Reminder to small businesses of 25 of less employees up to $ 35,000 per business
TOWN CLERK/ TAX COLLECTOR REPORT:
RESIGNATION:
Resignation received from Nicole Knapp, Planning Board/ ZBASecretary
DEPARTMENT UPDATES / LIAISON REPORTS:
Councilman Coleman: ZBA: want to thank Nicole for service to the Town as Planning and Zoning secretary. She will be an assest wherever she goes. We need to discuss the alternate position at the January meeting. EMS/ Fire: Everything seems like it is going well. Fire Commissioner Elections will be held 12/13 at 6-9pm at the Accord Firehouse and Samsonville Rochester 2 firehouse.
Councilwoman Smiseth: Eldercare program flyers continue to be distributed. We have received one new application. Housing Committee: hopefully we will select members tonight.
Councilwoman Enouen: ECC: had a special guest to discuss proposal for polunators garden. Had a discussion about native plants. The 3rd Thursday series will not take place this month but the next one will be on climate change.
Transfer Station: hoping to start new projects.
CEO: excited about possible new vehicle.
Planning Board: there are 3 applications before the Board. Thank you to Nicole for her work with the planning Dept. She is putting together a guide for the next person on the value of the things she wish she knew. We wish her the best.
Councilman Paddock:
Recreation Dept: Congrats to Ashley and staff for another successful luncheon. Ashley wants to thank all those who donated and helped with the Thanksgiving Luncheon. 11/30 wreath making had 21 people attend. Thank you to Bethany for putting this on. 12/9: Senior Holiday Party and youth holiday party. More paint classes are being offered. Basketball is in full swing with record numbers of players. The recreation dept. continues to do great projects.
Constabulary: The Constabulary answered 12 direct calls for service and other duties in November of 2022.
These included:
• 9 Neighbor to Neighbor and Quality of Life Complaints
• 2 Resident Traffic Complaints (Whitfield Rd.,Lwr. Whitfield Rd. )
1 Environmental Complaints, (Whitfield Rd.)
• 6 New Building Department Violations
• 0 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
In November we’ve seen a general decrease in resident’s complaints overall. Traffic complaints were
down at the beginning of the month but rose significantly towards the end. Likely due to the
Thanksgiving holiday. We stopped by the Community Center during their, well attended, Thanksgiving
Day event and spoke with many residents, several of them showed interest in the ElderCare program and
many flyers and applications were handed out. Trespassing and harassment, garbage dumping and noise
complaints continue this month. Investigations are ongoing. Many have been attributed to short term
rental properties, they continue to generate increased numbers of complaints that include trespassing,
loud noises, road/driveway blockages and garbage/trash dumping. We will continue to work with the
building department on those issues. Neighbor to neighbor complaints have remained constant this
month and all have been defused without further action necessary.
Supervisor Baden: Assessor’s office: All exemptions are due no later than 3/1 with no exceptions.
PUBLIC COMMENT:
Bea Haugen-Depuy: would like to bring to attention the lighting at 30 Cherrytown Road and read a local law addressing the issue and addressed laws that are being broken.
The Board discussed with Ms. Haugen-Depuy the steps required to move forward with the complaint. Attorney Christiana stated that this is a civil matter of neighbor to neighbor. Supervisor Baden clarified the process of a new application compared to an existing one and stated that he doesn’t believe they are in violation.
TOWN BOARD MEMBER TIME:
Councilman Coleman stated that he wants people to understand we want to hear public comments and input and please come to the information session scheduled for 12/11/22 at the Community Center 2pm. Councilman Coleman and Councilwoman Enouen put together a spreadsheet for the info session and the upcoming one is based on farms and farm businesses.
ACTION ON MINUTES:
Resolution # 467-2022:
A Motion was made by Councilman Paddock the Town of Rochester Town Board accepts the minutes of the November 3 Business Meeting, November 3 Public Hearings, and November 16 Workshop meeting. The November 30, 2022 minutes are tabled.
Second:Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried
ACCEPTANCE OF DONATION:
Resolution # 468-2022:
A Motion was made by Councilwoman Smiseth that the Town of Rochester Town Board accepts donations toward the Thanksgiving Luncheon of $250 from the Rochester Residents Association, $100 from Arlene Levine, $70 from the Kerhonkson Accord Jewish Seniors, and $177 in various cash donations.
Second:Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
ACCEPTANCE OF DONATION:
Resolution # 469-2022:
A Motion was made by Councilwoman Smiseth that the Town of Rochester Town Board accepts donation of $70.30 from St. Paulie Textile.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried
ELECTRICAL INSPECTOR DESIGNATION:
Resolution # 470-2022:
A Motion was made by Councilwoman Smiseth that the Town of Rochester Town Board, upon request by the Building Department, the Town of Rochester Town Board authorizes the addition of David Smith, the Inspector LLC, 5390 State Route 11, Burke, NY 12917 to the list of Town of Rochester approved 3rd party electrical inspectors. Upon receipt of NYS Certification.
Second:Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING SUPERVISOR TO SIGN A CONTRACT- UCRRA CONTRACT EXTENSION:
Resolution # 471-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board agrees to section 19 of the Municipal Solid Waste Management agreement, dated January 1, 2022, between the Ulster County Resource Recovery Agency (UCRRA) and the Town of Rochester extending the agreement an additional three years on the same terms and conditions. The Supervisor is authorized to acknowledge acceptance of the extension to the UCRRA.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING SUPERVISOR TO SIGN A CONTRACT- PLANNING BOARD LEGAL COUNSEL:
Resolution # 472-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board authorizes the Town Supervisor to sign the legal services agreement between Gordon & Svenson LLP, 42 Catharine Street, Poughkeepsie, NY 12601 and the Town of Rochester to provide legal counseling and representation to the Town of Rochester Planning Board, effective January 1, 2023.
Second:Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING SUPERVISOR TO SIGN A CONTRACT- PLANNING BOARD WETLANDS CONSULTANT:
A Motion was made by Sueprvisor Baden that the Town of Rochester Town Board authorizes the Town Supervisor to sign the services agreement between Cornerstone Associates, 1770 Central Street, Yorktown Heights, New York 10598 and the Town of Rochester to provide application wetlands review consulting services to the Town of Rochester Planning Board, effective immediately.
Second: Councilwoman Enouen
Discussion: after a brief discussion the resolution was tabled.
MORATORIUM EXTENSION:
Resolution # 473 -2022:
A Motion was made by Supervisor Baden that;
Whereas on June 2, 2022 the Town of Rochester Town Board adopted Local Law 3 of 2022: Moratorium declaring “for a period of one hundred eighty (180) days from the effective date of such local law, the Town Board hereby declares a moratorium prohibiting;
Whereas, the effective date of this local law is deemed as being June 7, 2022, the date filed with the NYS Department of State, and
Whereas, the one hundred and eighty day moratorium expires on December 4, 2022, and
Whereas, the Town of Rochester Town Board, with adoption of Local Law 3 of 2022 allowed for “The time period set forth in this section may be extended by two additional periods of up to three (3) months, by resolution of the Town Board, upon a finding of necessity for such extension”, and
Whereas, the Town of Rochester Town Board continues to work diligently and timely toward the adoption of code revisions, and
Therefore, the Town of Rochester Town Board, pursuant to Local Law 3 of 2022 extends Local Law 3 of 2022 until March 4, 2023 with the adoption of this resolution.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
SEQRA REVIEW REHABILITATION OF O & W RAIL TRAIL, TOWN HALL TO KERHONKSON SEGMENT:
Resolution # 474-2022:
A Motion was made by Councilwoman Smiseth that the Town of Rochester Town Board, upon review of the following documents
Overview map, dated January 2022, prepared by Open Space Institute
Short Form EAF Part 1, dated November 28, 2022, prepared by Open Space Institute
Memorandum of Environmental Review, dated April 26, 2022, prepared by Christopher C. Cornwell, PE, GPI
determines the rehabilitation project of the 3.22 miles section of the O&W Rail Trail from Town of Rochester Town Hall to Kerhonkson Main Street will not have a significant adverse impact on the environment and should be classified as a Type II Action under the following 6 NYCRR Part 617 criteria. No further SEQRA review is required.
617.5 (c)(1), Maintenance or repair involving no substantial changes in an existing structure or facility
617.5 (c)(2), Replacement, rehabilitation, or reconstruction of a structure or facility, in kind, on the same site
Second: Councilman Paddock
ROLL CALL VOTE:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye
Aye: 5 nay: 0 abstain: 0 motion carried
HOUSING ADVISORY APPOINTMENT:
Resolution # 475-2022:
A Motion was made by Councilwoman Smiseth nominates Elaine Bell, Elizabeth Zeldin, Alana Blum, Claire Waasserman, Blake Arrowood, Martha Roberge and Alix Umen for appointment to ad hoc Housing Advisory Committee.
Second: Supervisor Baden
Aye: 5 nay: 0 abstain: 0 motion carried
DISCUSSION: POSSIBLE RESOLUTION:
2023 ORGANIZATIONAL MEETING:
Resolution #476 -2022:
A Motion was made by Supervisor Baden to schedule the organizational meeting for the Town of Rochester for January 3, 2023 at 6:00pm at the Harold Lipton Community Center and for the Town Clerk to advertise the same.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
CHARTER SPECTRUM PROPOSAL:
We are in discussion with Charter and are moving forward.
ADJOURMENT IN MEMORY OF;
A Motion was made by Councilwoman Enouen to adjourn the meeting at 9:30pm in memory of
Edith Cohen
Richard Pagel Jr.
Mary “Sissy” Anna Shultis
Robert McClay
John Knight
Daniel Marschlich
Patricia Anne Beneway
Gloria Gerosa
Dr. DebraTillinger
Saundra Rose
The people of Ukraine
All suffering worldwide from the COVID-19 virus
Second:Councilwoman Smiseth motion carried
RESPECTFULLY SUBMITTED,
CHRISTINA FERRARA
DEPUTY TOWN CLERK