The Town of Rochester Town Board held the Regular Meeting on December 5, 2023, at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, New York 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
Sueprvisor Michael Baden Town Clerk Kathleen Gundberg
Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.
RESOLUTIONS:
ACCEPTANCE OF AGENDA:
Resolution # 372-2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town Board accepts the agenda, as prepared by the Town Supervisor with additions of correction to the highway abstract, an employment appointment to the after school program, Summer Recreation application and an executive session.
Aye: 5 nay: 0 abstain: 0 motion carried
SUPERVISOR FINANCIAL REPORT:
Revenue November 2023
General Fund $TBD
Highway Fund $ 1,328.48
Expenditures
Abstract 11-2023
General Fund $149,814.30
Highway Fund $104,507.87
Capital Fund $0.00
Street Lighting Fund $436.64
Ambulance Fund $0.00
Escrow Fund $3,559.90
Total Expenditures November 2023
General Fund $ 206,692.44
Highway Fund $ 135,274.25
Capital Fund $0.00
Street Lighting Fund $436.64
Ambulance Fund $0.00
Escrow Fund $3,559.90
SUPERVISOR’S CORRESPONDENCE REPORT: various correspondences received.
SUPERVISOR’S UPDATE:
Upcoming Events: Boice Mill Road info. Meeting will be held on 12/13/23 at 6:30pm at the Community Center,
O&W Rail Trail project: trail is complete, still some work to be done to the bridges, hoping to be done by the end of the year.
Grant UpdatesNY Rising – Alligerville Firehouse: we are in the process of getting the siren connected, controls are being donated from Marbletown Fire dept. The Fire Company is working on the water situation with the methane.
Ulster County ARPA Park Funding: still waiting on the finalized contract from the county to have permanent bathrooms placed at the Town Park.
ATTORNEY FOR THE TOWN REPORT:
Reviewed the senior and disability exemptions that was recommended by the Town Assessor.
Working on the Tetlow easement with the Town of Rochester.
TOWN CLERK/ TAX COLLECTOR REPORT:
The tax bills have been ordered.
Town Clerk Gundberg thanked her Deputies for all their efforts in helping the public with the process of understanding the zoning map amendments
HIGHWAY SUPERINTENDENT REPORT:
Winter plowing is upon us, please do not plow snow into the road ways.
DEPARTMENT UPDATES/ LIASION REPORTS:
Councilwoman Enouen: the Boards and Commissions openhouse was a success. There was approximately 25-30 people in attendance. The Hudson Valley Regional Council Climate Smart Communities presentation was recorded and can be viewed on youtube.
Court: discussing the annual review; our Judges have asked for an overview of the process prior to the review.
ECC: working on their mission statement and events for 2024.
Agriculture Committee: planning the initial meeting that is working with everyones schedules.
Transfer Station: reminder that the transfer station is requiring permits to enter the Transfer Station, plastic bag collection will halt for the winter months. There was a brief discussion on shutting down the TORE during winter months as well due to safety and lack of volunteers.
Planning Board: Agenda was full, very impressive with the decision making of the board.
Website: still working on it.
Councilwoman Smiseth: eldercare: all is well, a few people have reached out to have check in visits for elderly during thanksgiving and the winter storm.
Housing Committee: worked on the draft letter that was proposed to the Town board in regard to the zoning map changes. December meeting will be held on zoom topic of discussion will be the county funded housing report.
Councilman Paddock: Constabulary:The Constabulary answered 17 direct calls for service and other duties in November of 2023.
These included:
• 10 Neighbor to Neighbor and Quality of Life Complaints
• 4 Resident Traffic Complaints (Clay Hill Rd., Samsonville Rd., Mettacahonts Rd, Lower Whitfield
Rd, Whitfield Rd.)
• 3 Environmental Complaints, (Municipal Lot, Queens Highway, Lower Whitfield rd.)
• 3 New Building Department Violations
• 0 New Court Cases Opened
• 10 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
During this Month we had more traffic complaints than usual. Several involved ATVs and electric
motorcycle style machines operating on public roads. This is dangerous to both the operators and other
motorists and is unlawful. Dumping of household trash and other debris on town roads remains an
ongoing issue. Short term rental properties continue to generate complaints, mainly on Holidays, Fridays
and Weekends. Neighbor to neighbor complaints have decreased again this month, with trespassing type
complaints being the most common. All have been defused without further action necessary. We continue
to monitor the areas in which the most complaints frequently occur.
Rec Dept.: 12/8/23 the Children Holiday Party from 5:30-730pm. 12/15 from 10-12pm will be the senior Holiday breakfast. Thank you to our basketball sponsors; A&M Hardware, 3:16 Landscaping, Bare Furniture, Bell’s Christmas Trees, Bob Gaydos Autobody,Brush Construction, Chad Miller CPA, David Lawrence Construction, G3 Home Improvements LLC, Humiston Funeral Home, Jennifer’s Pet Sitting, Kelder’s Farm, Kerhonkson Diner, Key Taxes, MB & Sons Construction, Philliber Research Associates, Pride of the Hudson, Redding Dental, Ryan’s NYPD, Saunderskill Farm, Sprague & Killeen Inc, Suburban Propane, Tetta’s And TJ’s Excavation LLC.
Councilman Coleman: ZBA: Chair Zurofsky thanked the Town Board for allowing a representative to attend the ZBA meeting to get some clarity of a complex case.
EMS/ Fire District: The Board met with Dave Bollin, representative for the Ambulance advisory committee to discuss the ambulance district budget. Mr. Bollin has some ideas for reporting to give better guidance.
Regarding high visibility street numbers it was suggested that we place in the code phasing in new homes to require the signage.
Spectrum: The town was given a $ 98,000.00 estimate to close 3 remaining gaps in Town. This will make 10 homes serviceable , the remaining 5 homes would have additional costs. Councilman Coleman will reach back out to spectrum.
Supervisor Baden:Assessor: There are changes to the senior and disability exemptions that the Town can change the exemption amounts. Hoping to bring the information to the board at the January meeting.
Boards and Commissions: letters went out to all those who’s expiration date is the end of this year.
There is a vacancy at the Transfer Station, we will get it out on indeed.com.
I want to thank everyone who participated in the public hearing last week, everyone was respectful, thank you for helping through the process.
PUBLIC COMMENT:
Gerry Fornino: Thank you Supervisor Baden for stating that because I remember years ago coming to a zoning change hearing and there were two uniformed police officers at the meeting to be there in case anything was to happen. It’s similar situation to what we have going on now, I persuaded them to leave and promised nothing was going to happen and not purposeful. 10:30-11pm ending meetings is tough, I appreciate you all being here and doing your due diligence. When I served on the zoning committee I was passionate about going from 1 acre to 5 acre parcels, doubling the acreage is hard to swallow, so consider what it is you are doing when you change things. You can’t move something without displacing something else and those are the repercussions of these kind of things. The PL-10 seems a bit controversial, I know it is meant for state protected land. There may be some conservation exemptions that could be applied for . There were some property owners who were unaware that their land went from commercial to residential from previous board and were clearly and rightfully upset. I’m protective of my land and good steward of my land and same case as many that were here the other night, we are all trying to do our best, so be considerate to people who are coming in and saying don’t tell me what I can do with my property. We don’t know what is going to happen in the future or what can happen and how these changes can affect families.
RESOLUTIONS:
ACTION ON MINUTES :
Resolution # 373 -2023:
Motion: Counncilman Coleman
Second: Councilman Paddock
The Town of Rochester Town Board accepts the minutes of the November 2 Business Meeting, November 4 Workshop Meeting, November 9 Workshop Meeting, as presented.
Aye: 5 nay: 0 abstain: 0 motion carried
ACCEPTANCE OF DONATION:
Resolution # 374 -2023:
Motion: Councilwoman Smiseth
Second: Councilwoman Enouen
The Town of Rochester Town Board accepts a generous donation of snacks and drinks from Jack Arnold for the After School Program. Jack is a local college student who is committed to making a difference in his hometown. The Town is very appreciative of this young person’s support.
Aye: 5 nay: 0 abstain: 0 motion carried
ACCEPTANCE OF DONATIONS:
Resolution # 375-2023:
Motion: Councilman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board accepts the donation of 6 turkeys from Gary Palmer and the donation of a reduction in pricing of turkeys equal to $150 from Jeffrey Lipton of the Bowery Dugout for the Thanksgiving luncheon.
Aye: 5 nay: 0 abstain: 0 motion carried
ACCEPTANCE OF DONATIONS:
Resolution # 376 -2023:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board accepts donations in the amount of $100 from Nancy Smith for the Holiday Party, $50 from Elaine and Mel Tapper, and $209 in cash donations at the Thanksgiving luncheon.
Aye: 5 nay: 0 abstain: 0 motion carried
SCHEDULING 2024 ORGANIZATIONAL MEETING:
Resolution # 377-2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town of Rochester Town Board sets the 2024 organizational meeting for the Town of Rochester to be held January 4, 2023 at 6:00pm at the Harold Lipton Community Center, with the Regular business meeting immediately following and requests the Town Clerk post legal notice.
Aye: 5 nay: 0 abstain: 0 motion carried
Appropriation of ARPA Funds: TABLED
Recommended Resolution: The Town of Rochester Town Board authorizes the Town Supervisor to appropriate the remaining balance of American Rescue Plan (ARPA) funding in the amount of $132,678.91 to be deposited as revenue into General Fund. AA4089.000, Federal Aid, Other.
RENEWAL OF RACETRACK PERMIT:
Resolution # 378-2023:
Motion: Supervisor Baden
Second: Councilman Paddock
The Town of Rochester Town Board authorizes the racing permit renewal to Accord Speedway, Inc., pursuant to Town of Rochester Code §107-4C and all other conditions as specified in Town of Rochester Code §107.
Such permit is authorized only contingent upon presentation of the following proofs to the Town prior to commencement of the 2024 racing schedule.
Each year an Ulster County Health Department permit shall be required for all food concessions on the racetrack premises as a condition precedent to obtaining a permit from the town to operate said racetrack. The applicant shall provide proof of compliance with Ulster County Health Department regulations as they pertain to lavatories and septic facilities as a condition precedent to obtaining a permit from the town to operate said racetrack.
Liability insurance. The permittee shall at all times maintain in full force and effect a public liability insurance policy in amounts not less than $1,000,000 for damages in which one person is killed or injured per occurrence and not less than $2,000,000 for damages in which more than one person is killed or injured per occurrence. A certificate of insurance naming the Town of Rochester as an additional insured must be filed with the Town Clerk at least five days prior to the first date of racetrack usage specified in the permit. Said certificate shall bear the, name of the insurance company, the policy number, the term of the policy, the above-specified amounts and the name and address of the permittee’s insurance agent.
The permit holder shall deposit with the Town Clerk $1000 for the Town Code Enforcement Officer’s use in hiring an independent sound expert to perform sound measurements and issue report(s) to the Town Board and the Code Enforcement Officer with respect to the permit holder’s compliance with the noise requirements of this chapter. This amount is for one testing. Should additional testing be determined to be warranted for said measurements; which may be taken two times during the racing season at the sole expense of the permit holder; an additional $1000 shall be required at such time. Additional measurements above two obtained by the town during the racing season shall be at the sole expense of the town.
The Town Board grants the Supervisor the authority to review and certify these conditions have been complied with without further resolution
The Town Board further accepts the racing schedule as presented for 40 actual racing dates and 8 potential rain dates. Dates listed as rain dates may be utilized only in the case of replacement of a rained out approved event date.
The Town Board further states, upon verification with the Code Enforcement Officer, there are no outstanding notices of violation issued by the Town and required sound testing for 2023 occurred.
Aye: 5 nay: 0 abstain: 0 motion carried
HIGHWAY FUND ABSTRACT:
Resolution # 379 -2023:
Motion: Supervisor Baden
Second: Councilwoman Smiseth
The Town of Rochester Town Board amends the abstract from $ 104,507.87 to $ 104,507.99.
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING THE HIRING OF AFTER SCHOOL AIDE:
Resolution # 380-2023:
Motion: Councilman Paddock
Second: Councilwoman Smiseth
The Town of Rochester Town Board authorizes the hiring of Savannah Freer for the after school recreation aide position at a rate of $ 15.00 per hour effective 12/10/2023.
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING THE RECREATION DIRECTOR AND TOWN SUPERVISOR TO APPLY FOR FUNDING:
Resolution # 381 -2023:
Motion: Supervisor Baden
Second: Councilwoman Smiseth
The Town of Rochester Town Board authorizes the Recreation Director and Town Supervisor to apply for
$ 1,000 funding for the NYS children and family services.
Aye: 5 nay: 0 abstain: 0 motion carried
DISCUSSION:
TORE EXCHANGE:
The Board discussed closing the TORE exchange for the winter months. Supervisor Baden stated that volunteer staffing is dwindling this time of the year, and there is an issue with ice by the trailer. Councilwoman Enouen stated that she would like to speak with the coordinator to see what they think.
BRIDGE NY-DOT:
Supervisor Baden stated that there is a call for new projects and Highway Superintendent Frey suggested Sundown Road Bridge and Project 32 Road bridge as two projects that fit the criteria of the grant. We can have one grant application written for $ 4,800 or $ 8,200 for both grants.
AMBULANCE DISTRICT CONTRACTS:
The Board agreed to review the contracts and discuss it at the workshop meeting on the 14th.
MUNICIPAL CODE ASSISTANT POSITION AND BUILDING MAINTENANCE SUPERVISOR POSITION/ LEADER:
Supervisor Baden gave the Board the list from Ulster County Civil service positions and stated that he will ask for current list.
BOARDS AND COMMISSIONS MEMBERS:
Supervisor Baden stated that the board will hold intereviews in mid- January.
OPEN HOUSE DATES FOR ZONING:
The Board discussed dates for the zoning changes
SETTING PUBLIC INFO SESSIONS FOR THE ZONING CODE AND ZONING MAP PROPOSED CHANGES:
Resolution # 382-2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town of Rochester Town Board has scheduled public info sessions for 12/20/2023 at 6:30pm , 1/10/2024 at 6:30pm and 1/20/2024 from 10-1pm. All meetings will be held at the Harold Lipton Community Center and the Town Clerk is directed to send out notice.
Aye: 5 nay: 0 abstain: 0 motion carried
EXECUTIVE SESSION:
Motion: Councilman Paddock
Second: Councilman Coleman
The Town of Rochester Town Board enters into executive session at 9:38pm regarding a particular issue regarding a particular employee for the Town.
Aye: 5 nay: 0 abstain: 0 motion carried
Motion: Councilman Paddock
Second: Councilwoman Smiseth
The Town of Rochester Town Board reconvenes the meeting at 9:55pm with no action taken nor monies expended.
Aye: 5 nay: 0 abstain: 0 motion carried
ADJOURNMENT:
Motion: Councilman Paddock
Second: Councilwoman Smiseth
The Town of Rochester Town Board adjourns the meeting at 9:55pm in memory of the following;
Anthony Rusolo
Martha Krom
William Walerwicz
Katherine DePuy
William Freer
George Sheeley
Richard Morgan
Chris Rock
All suffering from gun violence
The people of Israel and Palestine
The people of Ukraine
Motion carried
RESPECTFULY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK