The Town of Rochester Town Board held the Regular Meeting on January 5, 2023 at the Harold Lipton Community Center, 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 Michael Baden Deputy Town Clerk Christina Ferrara
ABSENT:
Town Clerk Kathleen Gundberg
ACCEPTANCE OF AGENDA
Resolution # 73-2023:
Motion: Councilman Coleman
Second: Councilman Paddock
Amendment: Supervisor had motion amended to include two resolutions.
The Town Board accepts the agenda, as prepared by the Town Supervisor with amendments of adding resolutions to include a loan to the Highway Department and the Catskill watershed.
Aye: 5 nay: 0 abstain: 0 motion carried
SEQRA LOCAL LAW 1 -2023
Resolution # 74-2023
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board determines Local Law 1-2023 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
ROLL CALL VOTE:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 5-0aye, motion carried
SEQRA LOCAL LAW 2-2023:
Resolution # 75-2023:
Motion: Councilwoman Smiseth
Second: Councilman Paddock
The Town of Rochester Town Board determines Local Law 2-2023 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
ROLL CALL VOTE:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 5-0aye, motion carried
SUPERVISOR’S FINANCIAL REPORT:
December 2022 report – Filed with the Town Clerk
December 2022 Financials
Revenue December 2022
General Fund $ N/A
Highway Fund $557,634.47
Expenditures
Abstract 12-2022
General Fund $ 1,204.91
Highway Fund $61,408.48
Street Lighting Fund $ 0.00
Escrow Fund $ 6,863.41
Reimbursements Ecsrow $ 2,128.06
Total Expenditures December 2022
General Fund $
Highway Fund $
ROCHESTER TAX RATES 2023:
Supervisor Baden presented the board with a tax rate chart.
SUPERVISOR’S CORRESPONDENCE REPORT:
– The Dog Control inspection report from Ag and Markets was received with Satisfactory rating.
SUPERVISOR’S UPDATE:
Grant Updates:
NY Rising – Alligerville Firehouse: still waiting for approval for cost of cords. We will have an open house in mid-March.
BridgeNY – Boice Mill Road Bridge: consultants discussed surveys, will have monthly meetings; they are working on design-construction to begin 2024.
LGRMIF – Building Dept./Code Enforcement record conversion: Alyssa and Courtney are doing a great job. We have the scanner and training still needs to be complete.
Supervisor Baden gave updates to the situation of a private shared water system in a housing development. The person who owned it passed away and had no will. Everything is caught up in probate. The Town is trying to resolve all the issues.
Supervisor Baden gave an update to the incident that took place on 12/30/22 in the Town Municipal lot behind the Fire House. A Local truck driver was allowed to park his truck periodically. Sadly he was assaulted. This was not random, they knew each other and there was a disagreement which led to the assault. The victim was taken by helicopter and Heartfelt thoughts and prayers goes out to the victim.
ATTORNEY FOR THE TOWN REPORT:
– Regarding the water situation : I am working with the estate attorney and Public Service Commission
– Working on a court matter with dog control
– Happy Birthday to Bea and Carol Fischer
TOWN CLERK/ TAX COLLECTOR REPORT:
Town Clerk: still finishing up year end reports
Tax Collector: taxes are out. As of today $ 229,015.04 has been collected.
HIGHWAY SUPERINTENDENT REPORT:
Highway Superintendent Frey appoints Jared Gundberg, Deputy Highway Superintendent.
DEPARTMENT UPDATES / LIAISON REPORTS:
Councilwoman Smiseth: Housing Committee has been formed and the first meeting is scheduled.
Eldercare: 2 new participants.
Councilwoman Enouen: Planning Board: there was a subdivision approval.
Library: the Stone Ridge Library has 238 memberships available for Rochester. Rondout Valley students get a free membership. This runs out in March.
Farming Community Forum: held 12/18 with approximately 60 people in attendance. I want to draft a language for discussion and really make this law how we want it.
ECC: is working on pollinator ideas
Website: working on the site map.
Councilman Paddock:
Constabulary: The Constabulary answered 18 direct calls for service and other duties in December of 2022.
These included:
• 10 Neighbor to Neighbor and Quality of Life Complaints
• 3 Resident Traffic Complaints (Whitfield Rd.,Lwr. Whitfield Rd., Samsonville Rd. )
1 Environmental Complaints, (Lwr. Whitfield Rd.)
• 3 New Building Department Violations
• 0 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
In December, resident’s complaints have remained steady. Traffic complaints were down at the
beginning of the month but again rose significantly towards the end. Likely due to the Multiple Holidays.
Many Trespassing, garbage dumping and noise and lighting complaints have occurred this month.
Investigations and solutions are ongoing. Almost all have been attributed to short term rental properties.
They continue to generate many complaints, especially on weekends. In additional they generate
complaints regarding, loud noises, road/driveway blockages and additional household trash dumping.
We will continue to work with the building department on those issues. At the end of the month, an
individual was assaulted at a town municipal parking lot near Friends Lane in Accord. The case is
ongoing with a court appearance scheduled for Jan 4th. Neighbor to neighbor complaints have decreased
this month and all have been defused without further action necessary.
Rec Dept: wishes a Happy New Year to all! The Senior breakfast will be held on 1/6/23 from 10-12pm. The Adult paint class is now full. The youth paint class is scheduled for 1/31/23 which conflicts with another meeting.
Councilman Coleman: Happy New Year! Sorry I have been a little busy over the holidays so I don’t have much to report.
Fire District: Congrats to all the new officers and Commissioners. I’ll reach out to Chief Davis as well to meet up with him.
KAFAS: had a CPR save with the mechanical CPR device. This was one item that Charles Nerko discussed last year that the squad could use and were able to purchase with the funds provided by the Town Board.
MFAU:detailed yearly report from Mr. Vitti. 700 calls in 2022 with a 97 % response rate. Congratulations to Charles “ Chuck” Foster on his first year as Chief. Their annual fundraising campaign was successful with nearly doubling the previous fundraising record. They also updated the equipment in the ambulances and other pieces of equipment.
I want to thank all the first responders! Currently accepting letters of interest for those interested in serving on the Board of Ambulance Advisory Committee.
ZBA: had one application last month and will be cancelling their January meeting. And we have one candidate to serve as the Alternate position.
Cablevision: still waiting to hear back. I did send the red line for the contract and some requested modifications with some problems we see it there.
Supervisor Baden: Assessor’s office: the Assessor brought to my attention a new law for Fire and EMS workers. Asked that Attorney Christiana review for possible adoption. Exemptions are due March 1st.
Cablevision/ Broadband: The County has people to study Broadband in Ulster County. On the Comptrollers website you can check the accuracy of the parcels, if you agree then you don’t have to do anything but if you think the information is inaccurate. Thank you Councilman Coleman for helping with the mapping out of the parcels.
PUBLIC COMMENT:
Bea Haugen-Depuy: Regarding the incident in the parking lot ,it happened , it was a very terrible thing. If you are going to let people park there you may want to get their information. Contact the company and have the phone number it is usually on the side of the truck. Maybe we could protect the Town by Town patrol and lighting and cameras in designated areas.
Meg Smith: Ecode 360: no resolution # 30-2019: that happened at the organizational meeting. It was recommended to rewrite that policy. I’d like the actual law corrected. I am bothered by the incident that happened in the parking lot. We gave him permission, it’s a horrible decision you shouldn’t have given anyone permission without seeing proof of insurance. I suggest the Board put in place for the future regarding anyone giving permission to do things on town property.
Sue Bruck: My son and I came upon the incident on December 30th at the municipal lot. I would like to comment on the attempted murder bludgeoning that happened in the municipal parking lot on December 30th I do want people to know that I suffer from a brain injury that has been triggered by this event so please bear with me as I’m reading there are many points I would like to discuss especially after now hearing the open-ended Cavalier comments from our Town Supervisor this evening but I will limit it to three points one this never should have happened on Town property Supervisor Baden is responsible and must be held accountable he acted absent of a town board vote and authorized Daniel Manning to park overnight he is either so incompetent or uncaring when it comes to Public Safety that a simple internet search revealed to me that Mr Manning has been charged criminally many times two of which were violent crimes in this incident Mr Manning was the victim. However Supervisor Baden invited violent crime into our Town’s Municipal parking lot two Supervisor Baden is not a king and the town of Rochester is not a monarchy. He’s an elected official responsible for all of the people of this town whether they voted for him or not whether they’ve been here a hundred years or 10 minutes. Michael Baden as a Town Supervisor needs to be reigned in . You as a board are a team and are also responsible to those who elected you it is your responsibility to hold Supervisor Baden accountable he acts outside his purview which he has clearly done here making exceptions to town policy without Town approval or public comment, you are equal partners at the Town board and yet have been excluded from Supervisor Baden’s decision making requiring a safety consultant to ensure that we have security cameras is the same as asking for an energy consultant to make sure we turn out the lights I have private security cameras as does the firehouse it is not however my personal responsibility to provide Public Safety . As Town Supervisor he lacks the concerned willingness and ability to keep our people safe that power needs to be returned to the constabulary. Supervisor Baden is working a part-time job with an iron fist instead of trusting people who work with him . him not for him instead of allowing people to do their job he has inserted himself included turning a part-time job into an imagined full-time job squeezing Our Town budget for his own gain as a result creating unsafe
situations for all of our people instead of attacking me on social media he needs to spend our tax dollars working to protect attacks on our people from violent bludgeonings thank you.
TOWN BOARD MEMBER TIME:
The Board discussed in length the incident at the municipal lot and security and safety concerns as a whole. The Board agreed that they supported exploring all options. Supervisor Baden stated that he would bring an RFP to the workshop meeting for the Board to discuss.
RESOLUTIONS:
Councilwoman Smiseth made a resolution to block resolutions D & E together.
APPROVAL TO BLOCK RESOLUTIONS:
Motion: Supervisor Baden
Second: Councilwoman Enouen
Aye: 4 nay: 1- paddock abstain: 0 motion carried
ACTION ON MINUTES AND APPROVAL OF DONATIONS:
Resolution # 76-2023:
Motion: Supervisor Baden
Second: Councilwoman Enouen
The Town of Rochester Town Board accepts the minutes of the December 1 Business Meeting, December 21 Workshop meeting, and November 30 and December 29 Audit meetings, as presented and Town Board accepts donation of $38.35 from St. Pauli Textile.
Aye: 5 nay: 0 abstain: 0 motion carried
ESTABLISHING A SPECIAL MEETING:
Resolution # 77-2023:
Motion : Councilman Coleman
Second: Councilman Paddock
The Town of Rochester Town Board sets a special meeting to be held Tuesday January 17, 2023 at 6:00pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord for the purposes of interviews of prospective candidates to be appointed to volunteer boards and commissions. The Town Clerk is requested to publish legal notice. The meeting is expected to be held in Executive Session.
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING SUPERVISOR TO SIGN A CONTRACT- RING SQUARED:
Resolution # 78-2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town of Rochester Town Board authorizes the Supervisor to sign the contract extension proposed by Ringsquared, 14 Industrial Avenue, Suite 4, Mahwah, NJ 07430 for Town of Rochester phone line services, as presented.
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZED LOAN TO THE HIGHWAY DEPARTMENT:
Resolution # 79-2023:
Motion: Councilman Paddock
Second: Councilman Coleman
Pursuant to General Municipal Law 9-a, the Town of Rochester Town Board authorizes the Supervisor to cause loan to be made by the general fund to the Highway Fund in the amount of $ 200,000.00. Said loan to be repaid in full including the monthly interest generated by the amount of the loan, as soon as the 2023 Highway Fund taxes are received and not later than February 28, 2023.
Aye: 5 nay: 0 abstain: 0 motion carried
CATSKILL WATERSHED NOMINATION:
Resolution # 80-2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town of Rochester Town Board authorizes Supervisor Baden to nominate Richard Parete(Town of Marbletown Supervisor) to serve the 4 year term as Board of Directors to the Catskill Watersed Corporation.
Aye: 5 nay: 0 abstain: 0 motion carried
DISCUSSION ITEMS:
Ambulance District Contracts: will take and revamp with items discussed
Courthouse ADA bathroom RFP: will try again
Subdivision code: will discuss at the workshop meeting
Dark Skies code: Supervisor Baden presented to the Board a draft version of establishing an outdoor lighting code.
IN MEMORIAM:
Craig Easton
Richard Mullinen
Ann Green
William Cymbal
John Sims Sr.
Timothy Dousharm
Roger Miller
Robert Showers Jr.
Robin Bailey
Carolyn Hansen
The people of Ukraine
All suffering worldwide from the COVID-19 virus
ADJOURNMENT:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth 10:09pm, motion carried
RESPECTFULLY SUBMITTED,
CHRISTINA FERRARA
DEPUTY TOWN CLERK