Town of Rochester Town Board held the Regular Town Board Meeting on July 6, 2023 at 6:30pm 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( 6:54pm) Councilwoman Erin Enouen
Councilman Adam Paddock(7:53pm) Councilwoman Charlotte Smiseth
Town Supervisor 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 # 248 -2023:
Motion: Councilwoman Enouen
Second:CouncilwomanSmiseth
The Town Board accepts the agenda, as prepared by the Town Supervisor.
Aye: 3 nay: 0 abstain: 0 motion carried
Paddock, Coleman-absent
SUPERVISOR’S FINANCIAL REPORT:
June 2023 report – Filed with the Town Clerk
June 2023 Financials
Revenue June 2023
Expenditures
Abstract 6-2023
General Fund $130.519.16
Highway Fund $495,409.63
Capital Fund $0
Street Lighting Fund $289.91
Ambulance Fund $0.00
Escrow Fund $6.756.19
Total Expenditures June 2023
Capital Fund $0
Street Lighting Fund $289.91
Ambulance Fund $0.00
Escrow Fund $6,756.19
SUPERVISOR’S CORRESPONDENCE REPORT:
Supervisor Baden stated that he received noticed that the Town of Rochester received the Ulster County Park grant in the amount of $ 100,000.00.
SUPERVISOR’S UPDATE:
O&W Rail Trail project:The Rail trail work is to begin sometime in July.
Grant Updates
1. NY Rising – Alligerville Firehouse: finishing up the punchlist items.
2. BridgeNY – Boice Mill Road Bridge: in the design phase construction is to begin in 2024.
Granary EEO public hearing:
The continued public hearing will take place on 7/13/2023 at the Community Center.
Courthouse Renovation: almost complete, will schedule C/O next week, so far the well pump is working fine.
Tire Brigade cleanup of Rondout Creek:Big thank you to John Messerschmidt for organizing the event , Flynn O’Connor for his efforts of pulling tires out of the water, and for all those who volunteered that day. 43 tires were pulled.
Town Hall Pollineator Garden:the garden has been completed and thank you to the highway department for their assistance in pulling of the stumps.
Public Survey Created for the Route 9W Mobility Plan:theUlster County transportation council is looking for comments regarding bicycle, pedestrian and vehicle traffic.
ATTORNEY FOR THE TOWN REPORT:
Catching up on granary project, working with Councilman Coleman on a correspondence regarding Spectrum, and held a meeting with the building dept. regarding potential safety concerns with a local business.
TOWN CLERK / TAX COLLECTOR REPORT:
Town Clerk: for the month of June: $ 39,526.35
Tax Collector: closed out with the County on June 13th. The remainder to be turned over to the Supervisor is
$ 30,023.92, $ 438.00 in dollar fees
HIGHWAY SUPERINTENDENT REPORT:
Asking that residents keep checking the highway facebookpage for road closures and possible delays this month with paving of roads taking place.
DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilwoman Enouen: CEO: year to date: $ 88,956.00. For the month of May 21 c/o’s , 40 permits, 19 municipal searches, 7 violations, 77 home inspections, 7 STR’s, 7 Fire safety inspections and 9 consults.
ECC: The tire brigade was a great success,we even had a family from Middletown show up and help. The Commission wanted to remind the board of the third Thursday nature series being held 7/20. There was a discussion about the watershed park and it was stated that it is not a priority agenda item at this time. There was also discussion on improving water access to the Rondout. 200lbs of plastic has been collected for our next bench. Reminder the next colletion day is 8/5 @ 11:30am. Agriculture Committee: will work on scheduling a meeting.
*Councilman Coleman Arrived 6:54pm
Councilman Coleman: Spectrum: drafted a letter and reviewed it with the Town Attorney, should we move ahead? ZBA: 2 agenda items were presented and the board gave recommendations. The board is still looking to fill the alternate vacancy. EMS: still high rate of call/ response which is great! The advisory Boards will be working with the sqauds regarding the upcoming budget. Fire District: Things are going great they have two new members, they are finishing up the bathroom upgrades and waiting on a vehicle delivery.
Councilwoman Smiseth:Housing committee:working on presentation on short term rental law to the Town Board and ideas on setting the cap. Eldercare: 6/15 was a great success there 25 participants. We had 6 new signups and 12 inquires about the program. We discussed the idea of holding a luncheon for seniors to learn about the resources and programs available.
Supervisor Baden :Constabulary: The Constabulary answered 19 direct calls for service and other duties in June of 2023.
These included:
• 14 Neighbor to Neighbor and Quality of Life Complaints
• 4 Resident Traffic Complaints (Towpath Rd, CherrytownRd.,Whitfield Rd., Samsonville Rd.)
• 2 Environmental Complaint, (Towpath Rd., Cherrytown Rd.)
• 5 New Building Department Violations
• 0 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
This month, traffic complaints, including parking on town roads, have been the most common and have
increased again significantly. Towpath Rd. being among the worst areas with many local resident
complaints coming in. During a Special Event at a local town venue, we had an Overdose occur. As the
first responders to the scene, NARCAN was administered in a timely manner saving the individuals life.
With the assistance of KAFAS EMS the individual was then transported to the hospital. Garbage
dumping of household trash and other debris on town roads has risen significantly. Short term rental
properties continue to generatemanycomplaints, especially on Holidays, Fridays and Weekends.Neighbor
to neighbor complaints have increased slightly this month and allhave been defused without further
action necessary. Big Thank you to Constable Miller in responding to an emergency situation and arrived before the ambulance could get there and saved a life.
Town Clerk Gundberg: HPC:The commission is moving forward with the oral history talks recorded by Illene Cutler. The first series of Hamlet talks was a huge success with over 50 people in attendance at the one- room school house in Palentown. There were 6 panelist that gave lectures, shared photos and stories. Lifetime Historic Preservation stewardship award was presented to Gary Miller and Trudy Logan for their dedication efforts to preserve the Palentown school. Be on the look out for the next series coming in September to the hamlet of Pataukunk. HPC members discussed the idea of a craftsman database andto consider names of people who might make good instructors for traditional techniques ofbuilding restoration. There was discussion of a field trip in the near future to Time and the Valleysmuseum in Grahamsville, which has done a great job of oral history projects and is in theprocess of building a traditional village. They may be a good source for craftsmen cultivation.
This year’s recipients for Historic Preservation Awards have been decided and plaques are ordered . The last of the historic marker signs are being completed and the HPC asked if the hamlet signs around town can be cleaned.
Supervisor Baden: Assessor’s office: MONTHLY REPORT
ASSESSOR’S OFFICE
JULY 2023
A. GRIEVANCE DAY
The Board of Assessment Review completed their review of the Grievance Applications submitted
this year and all the changes have been made in the computer.
B. FINAL ROLL
The Final Roll has been completed and is on file in the Assessor’s Office for the public to review. I will be making any clerical error corrections to the final assessment roll as needed.
C. VACATION TIME
I will be taking some vacation days in the month of July.
D. Organize Office
Joanne and I will be organizing the office so that we are able to work more effectively and efficiently.
E. Classes
Joanne and myself will be attending an RPS computer class on July 17th and 18th in Ithaca, NY at Cornell University. Joanne attended the “What is Income for the Senior Exemption” webinar to learn about the upcoming changes to the income requirements for the senior citizens aged exemption.
F. Property Inspections
I will be doing property inspections as needed.
G. Office WorkWe 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 and numerous other items.
PUBLIC COMMENT:
Bea Haugen-Depuy: Having read the agenda for tonight’s meeting, I am asking that this letter be read into the minutes prior to voting to hire a Seasonal Highway employee.
I understand that the Highway Department needs a person to fill in for a retiring employee and another employee who isout of work.
My questions are, “Where was this open position posted so that the community knew this opening was available for employment??”
Since when does the Town Board just appoint people to positions without vetting several people for the position after the job posting has offered responses? Where are the responses and who applied?
I guess there was no posting or no responses because Highway Superintendent Frey decided to hire his Nephew. As Supervisor and Town Board, you have the right to turn down his Nephew because the proper protocol was not followed.
The Town Board posts for every other position that needs to be filled: Committees, Commissions, and Boards, why is it that the Highway Superintendent does not have to follow the same procedure?
May I remind this Board that there was an Audit done by the Comptroller State of New York, where there were issues with a prior Highway Superintendent who hired and paid a family member to work. Please do not use the excuse that this was a son who was hired not a nephew. It is still a family member. Also, no excuse that Superintendent Frey has his own budget and can hire who he chooses. He still must post positions and go through a hiring process, no matter the job or time frame.
I ask that this procedure be followed for this needed Highway Employee.
TOWN BOARD OPPORTUNITY TO RESPOND TO PUBLIC COMMENT:
Supervisor Baden stated that the Highway Superintendent is an independent elected official and has the ability to hire who he wants the Town board approves the name. There is no legal requirement to advertise for positions and we haven’t advertised for seasonal workers a in the past. The Town’s ethic’s law states a direct family member, which a nephew is not so there is no violation taking place.
Highway Superintendent Frey stated this would be temporary 6 weeks position during the paving season, the applicant currently works for the Town of Marbletown and has been trained in the traffic control and paving . The money is budgeted for and we follow the rate of pay of a laborer position.
RESOLUTIONS:
ACTION ON MINUTES:
Resolution # 249-2023:
Motion: Councilwoman Enouen
Second:CouncilwomanSmiseth
The Town of Rochester Town Board accepts the minutes of theMay30 Workshop Meeting, June 1 Business Meeting, June 8 and 15 Workshop meetings, June 29public hearing, and June 29 Audit meeting, as presented with an amendment to add the 284 agree ment figures to the minutes.
Aye: 4 nay: 0 abstain: 0 motion carried
Paddock-absent
ACCEPTANCE OF DONATIONS:
Resolution # 250-2023:
Motion:CouncilwomanSmiseth
Second:CouncilwomanEnouen
The Town of Rochester Town Board accepts donationsin the total amount of $115.04 from St. Pauly Textile.
Aye: 4 nay: 0 abstain: 0 motion carried
Paddock-absent
COMMITTEE APPOINTMENT-ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 251-2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town of Rochester Town Board appoints Kurt Sutherland to the Environmetal Conservation Commission for a term to end December 31, 2025. The Town Clerk is requested to notify of the Oath of Office requirements.
Aye: 4 nay: 0 abstain: 0 motion carried
Paddock-absent
RENEWAL OF A CONTRACT:
Resolution # 252 -2023:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board authorizes the Town Supervisor to renew a contract with Pitney Bowes for a 60 month period of July 1, 2023 – June 30, 2028 for postage machine services in the amount of $131.63 per month for 12 months, billed quarterly, and $164.72 per month for 48 months, billed quarterly.
Aye: 4 nay: 0 abstain: 0 motion carried
Paddock-absent
MEMBERSHIP- NEW YORK STATE ASSOCIATION OF CONSERVATION COMMISSIONS:
Resolution # 253-2023:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board authorizes the Town Supervisor to enroll the Town in membership with the New York State Association of Conservation Commissions at a rate of $75.00
Aye: 4 nay: 0 abstain: 0 motion carried
Paddock-absent
APPOINTMENT OF TEMPORARY LABORER-HIGHWAY DEPARTMENT:
Resolution # 254-2023:
Motion:Supervisor Baden
Second: Councilman Coleman
The Town of Rochester Town Board, on request of the Highway Superintendent, appoints Caiden Frey to the position of temporary laborer for the period of July 9, 2023 through August 19, 2023 at a rate of $21.00 per hour. This position will assist during highway paving.
Aye: 4 nay: 0 abstain: 0 motion carried
Paddock-absent
CALL FOR ABRASIVE SAND BIDS:
Resolution # 255-2023:
Motion: Councilwoman Smiseth
Second:CouncilwomanEnouen
The Town of Rochester Town Board requests the Town Clerk post advertisement seeking sealed bids for abrasive screened sand for winter road use. Specifications of bids are available at the Town Clerk Office and on www.townofrochester.ny.gov. Bids are due on or before Wednesday August 2, 2023 at 11:00am at the office of the Town of Rochester Clerk, PO Box 65 / 50 Scenic Road, Accord, New York 12404 where they will be opened and read aloud. A non-collusion form and certified testing results shall be included as a part of the bid package. The Town Board has the right to reject any and all bids.
Specifications
1. The sand shall be hard with 100% passing 3/8″ screen, not more than 15% passing #50 mesh and not more than 4% passing #200 mesh and must be readily usable in spreading equipment.
2. Certified testing results shall be submitted as a part of the bid package.
3. Bid prices shall be priced per ton; variations will not be accepted.
4. The bidder’s attention is called to the fact that if scales are not available at plant site, the bidder must state conversion factor-weight per cubic yard on bid conversion sheet.
5. Sand is to be made available for pickup by trucks designated by Town of Rochester authorized entities and operated by authorized personnel.
6. Bids shall be guaranteed valid for a period of 2 years from August 1, 2023 through August 31, 2025.
AWARD OF CONTRACT:
Resolution # 256-2023:
Motion: Supervisor Baden
Second: Councilwoman Enouen
The Town of Rochester Town Board authorizes the Town Supervisor to sign a contract with American Petroluem for installation of hardware and software for fuel dispensing and accounting products. This item is to be billed to the Capital Projects budget line.
Quotes Received
1. Miller’s Petroleum System, Inc. $11,828.00
2. American Petroleum $17,368.75
3. Multiforce Systems, Inc. $18,220.00
Aye: 4 nay: 0 abstain: 0 motion carried
Paddock-absent
• Councilman Paddock arrived 7:53pm
BUILDINGS PICKUP TRUCK NEW BODY- – approximate costs with inhouse installation
1. $2200 – new panels (painting additional $)
2. $2500 – new body, none available currently, unknown date of availability
3. $9000 – new utility body
Resolution # 257-2023:
Motion: Supervisor Baden
Second: Councilwoman Smiseth
The Town of Rochester Town Board authorizes the Highway Superintendent to purchase new panels in the amount of $ 2200.00 for the 2011 Chevy 3500 pickup truck.
Aye: 5 nay: 0 abstain: 0 motion carried
RFP – RECORDS STORAGE BID:
Resolution # 258 -2023:
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town of Rochester Town Board authorizes the Town Supervisor to issue the Records Storage bid as presented.
Aye: 5 nay: 0 abstain: 0 motion carried
TRANSFER STATION COMPACTOR-ELECTRICAL INSTALLATION QUOTE:
Supervisor Baden stated that we are the number one in ulster county for the tonnage of cardboard each year. By getting the compactor we could potential save on the cost of 3-4 pulls each month. More information to follow.
SEQRA REVIEW OF LOCAL LAW # 8-2023:
Resolution # 259-2023:
Motion: Supervisor Baden
Second: Councilman Coleman
The Town of Rochester Town Board declares proposed Local Law # 8 of 2023 as a type 2 action under SEQRA.
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 5-0, motion carried
LOCAL LAW 8 OF 2023:
Resolution # 260-2023:
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town of Rochester Town Board adopted local law # 8-2023 amending chapter 132, vehicle and Traffic of the code of the Town of Rochester.
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZATION TO SEND LETTER REGARDING SPECTRUM/ BROADBAND SERVICE:
Resolution # 261-2023:
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town Board authorizes to send letter regarding broadband service to spectrum, the public service commission, the Attorney General, NYS Senators and assembly.
Aye: 5 nay: 0 abstain: 0 motion carried
Continued Review of Zoning Code update:
The Board continued the review of proposed changes.
ADJOURN THE MEETING IN MEMORY OF;
In Memoriam
Judy Mayhon (Hurley Town Clerk)
Catherine Truppi Schults
Cynthia Ann Bryant-Bajtner
Libby Maye Christiana
Phyllis Burhans Roberts
Allyson V. Helmich
Harold (Casey) W. Tompkins
All suffering from gun violence
The people of Ukraine
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board adjourn the meeting at 9:58pm.
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK
The Town of Rochester Town Board held a Workshop Meeting on July 8,2023 at 9:00am at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY
PRESENT:
Councilman Michael Coleman Councilwoman Erin Enouen
Councilwoman Charlotte Smiseth Supervisor Michael Baden
ABSENT:
Councilman Adam Paddock
Supervisor Baden called the meeting to order and led in the pledge of allegiance to the Flag.
RESOLUTIONS
ACCEPTANCE OF AGENDA:
Resolution # 262-2023:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board accepts the agenda as prepared by the Town Supervisor.
Aye: 4 nay: 0 abstain: 0 motion carried
Paddock-absent
TOWN BOARD CONTINUED REVIEW OF DRAFT ZONING CODE AND SUBDIVISION CODE
ADJOURNMENT:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town of Rochester Town Board adjourned the meeting at 12:50pm.
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK