The Town of Rochester Town Board held the Regular Meeting on April 4, 2024 immediately following public hearing on proposed local law 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 Emily Dindial
Deputy Supervisor Erin Enouen Councilwoman Charlotte Smiseth
Town Clerk Kathleen Gundberg Town Attorney Marylou Christiana
ABSENT:
Supervisor Michael Baden
Deputy Supervisor Enouen called the meeting to order and led in the Pledge of Allegiance to the Flag.
ACCEPTANCE OF AGENDA:
Resolution # 148-2024:
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town Board accepts the agenda, as prepared by the Town Supervisor.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
PRIVLEDGE OF THE FLOOR: POLLENATOR GARDEN:
Town resident Carole Metsger gave a brief overview of what the garden is to look like.
The Board agreed to move forward but would like more detail on budget costs.
SUPERVISOR FINANCIAL REPORT:
March 2024
Revenue March 2024
General Fund $TBD
Highway Fund $TBD
Expenditures
Abstract 15-2023
General Fund $0.00
Highway Fund $0.00
Street Lighting Fund $0.00
Capital Fund $0.00
Ambulance Fund $0.00
Escrow Fund $4,650.31
Abstract 3-2024
General Fund $70,166.18
Highway Fund $184,989.94
Street Lighting Fund $479.06
Capital Fund $0.00
Ambulance Fund $0.00
Escrow Fund $6,780.20
Total Expenditures March 2024
General Fund $
Highway Fund $
Street Lighting Fund $479.06
Capital Fund $0.00
Ambulance Fund $0.00
Escrow Fund $11,430.51
SUPERVISOR’S CORRESPONDENCE REPORT:
Various resident correspondence, Deputy Supervisor Enouen stated that she will be chairing the meeting and requests the Town Attorney to take us through the process of what is next. Supervisor Baden has resigned due to personal reasons, we we are a dedicated board and will put our best foot forward through the transition.
SUPERVISOR’S UPDATE:
a. Grant
1. 2024 JCAP Grant – Prepare RFSB for project
2. NY Rising – Alligerville Firehouse – final closeout end of April
3. BridgeNY – Boice Mill Road Bridge- project proposal coming soon
b. Annual Financial Report (formerly known as Annual Update Document): finalizing to file with the State Comptroller
c. April is National Donor Awareness Month
d. Ulster County EMS report: there is a lot of analysis in the report pertaining to Rochester
e. Ulster County matching funds to local governments for municipal solar and electric-vehicle charging projects
ATTORNEY FOR THE TOWN REPORT:
Attorney Christiana discussed the process of the Board moving forward with filling the vacant seat of Supervisor and possible Board seat if Deputy Supervisor Enouen is voted in as Supervisor.
Spectrum: Councilman Coleman and I have hammered out an agreement that we are both satified with and will have the Board review it at the end of the meeting.
Attorney Christiana stated she would have to look into the letter of agreement with the fire company further because the Accord Fire District is it’s own taxing entity and not sure what the Town’s involvement would be.
TOWN CLERK/ TAX COLLECTOR REPORT:
LIQUOR LICENSE RENEWAL FILED:
Starlite Motel
5938 route 209
Kerhonkson, NY 12446
RESIGNATION RECEIVED:
Michael Baden- effective 4/27/2024 as Town Supervisor
Town Clerk for the month of March: $ 54,086.88 was collected
Tax Collector: $ 7176965.71 was collected with a remaining balance of $ 1,472,346.37
Unpaids will be ordered next week and will go out in the end of April.
HIGHWAY SUPERINTENT REPORT:
Deputy Supervisor Enouen stated a request was sent by the Highway Superintendent asking for the consideration of the Highway Superintendent term to be increased from 2 to a 4 year term.
DEPARTMENT UPDATES/ LIAISON REPORTS:
Town Clerk Gundberg: HPC: the HPC is starting the process of working on updating the Historic resource reconnaissance survey. The next hamlet talk series will be held on 5/18 and it will be at the Alligerville Firehouse. Come and hear stories of the Historic District of Alligerville.
Councilwoman Dindial: Court: Concerned about security coverage, would like to see the Board budget for a full time security guard. The Clerks and Judges also expressed their concerns regarding the security cameras and would like to have access to the cameras. Audit review was completed and will be discussed later on.
Councilwoman Smiseth: Housing committee: 3 vacancies on the committee, the committee met with Kia from Ulster County Planning regarding affordable housing, housing crisis, etc..
Eldercare: larger uptake in wellness numbers this month.
Recreation Dept.: The Easter Egg Hunt was held on 3/30/24, it was a huge success. Thank you to the Easter Bunny for showing up. 4/8: Summer Registration begins at 9am. Earthday Cleanup: 4/13 & 4/20/24. Call the Recreation Dept. to sign up your road and get your bags.4/26: Bus Trip to World Resorts Casino. The cost of the trip is $ 10.00.
Councilman Coleman:
Constabulary: The Constabulary answered 13 direct calls for service and other duties in January of 2024.
These included:
• 10 Neighbor to Neighbor and Quality of Life Complaints
• 2 Resident Traffic Complaints (Whitfield Rd, Samsonville Rd.)
• 1 Environmental Complaints, (Cherrytown Rd.)
• 4 New Building Department Violations
• 1 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
In January, resident’s complaints have decreased slightly overall. Short term rental properties continue
to generate many complaints, especially on Holidays, Fridays and weekends. Mainly the complaints are
regarding, trespassing, loud noises, road/driveway blockages and household trash dumping. We continue
to work independently and with the building department on those issues. During the month we have
worked with the NY State Police on several occasions to provide evidence that will be used to further
ongoing investigations. Neighbor to neighbor complaints have remained stable this month and all have
been defused without further action necessary.
Spectrum: there were a few concerns that were addressed one being the source of funding. The Board can review the contract at the end of the meeting.
Parks: dog baggies and disposal system have been installed and hope that will help eliminate the bags of poop on the trail.
EMS: Marbletown Rescue Sqaud should have the first quarterly financials to us soon.They have received some new equipment from some of funding received. KAFAS: there are changes coming with new attorney & bookkeeper. The Board will plan a meeting to discuss the financials.
Deputy Supervisor Enouen: ECC: the plastic bag collection will begin this Saturday from 11-3pm., They are working on the Earthday clean-up event. Ag Committee: fast at work, will be bringing comments to the Board in the near future. Working with the farm bureau on finding ways to provide safety to farmers on tractors and have examples on right to farm signs.
Planning Board: 4/8 meeting had a public hearing on the Granary project that will be postponed do to a clerical error with noticing bounding owners.
PUBLIC COMMENT:
Steven Fornal:
Barbara Fornal: The misogynist “Boo Hoo” women he (Steve Fornal) is referring to are sitting at this table and in this room. Being a woman does not give you the right to act like hormonal crazed women with no consequences and I’ve had that “dumbed down” because that wasn’t the word I used. Some have forgotten how to be a civilized human being, or maybe you were never taught how to be one. I am sorry Mr. Baden that you had to go through all of this ending your term under these circumstances and conditions knowing how much time, dedication, and sacrifice you’ve made in your life believing in your heart that you can make a better difference for all citizens of this town. Luckily you have a loving partner who put up with it all too. I wish him and his wife or partner the best in good health going forward. Because you know what the saying goes, sometimes you do not realize what you have until it’s gone. To the rest of these obstructionist board members that I’ve watched since November, good luck because you’re gonna need it! Hopefully, on a positive note, I hope that some good hard lessons will be learned from all of this.
I moved here in 1990, and in 1994 this was in the paper, a post on the Town of Rochester’s history. This area was first settled around 1700 and known then as Mombaccus. The Rochester patent was granted in 1703, but in 1929 a flood hit the town and washed out all the bridges. The town clerk’s house was flooded, and all the town’s work was destroyed. The name Accord originated in discord; residents could not agree on a name for their new post office. One resident decided it should be called Discord. A petition requesting that name was forwarded to a federal administrator who issued authorization to open the post office but under the name Accord. I went to the dictionary; Discord means to fail to agree, to clash, to have tension, strife, violent distension, and bitter conflict. Accord means to bring it to harmony and to have a compromise of conflicting opinions. That was ninety-five years ago, don’t you think it’s enough? So, on that note, I wish you all the best of luck in all of your lives. Thank you for hearing me.
Bea Haugen-Depuy: I’ve never felt so condescended to in my whole damn life and never been treated so poorly by a man in authority! I hope this town board will look to its future and take the lady who’s now seated at the head of the table. She has her time in seniority, I’ve worked with her and haven’t found a better person. If it weren’t for Erin Enouen, we would not have an open transfer station. Mike Baden took the time to get into it with Charlie Whittaker and the County almost turned us off for garbage. If it weren’t for Erin going back and smoothing the feathers of the UCRRA, our town would be piled high with junk. My request for this seated board, I would hope that after hearing that vicious garbage, you would please elect a lady who has worked very hard and learned from the ground up, what it is like to run this town. I would hope that you keep Erin, if she chooses to, as Supervisor until the term can be filled. This is no reflection on the rest of you. She’s already swimming; She asked me when she joined the board if I would teach her what I know, I promised her I would never let her drown and I won’t now. She needs to be appointed. What this woman has is compassion, common sense and she doesn’t treat anybody differently whether male or female, especially since I’m the lady whose train went off the tracks according to (Steve Fornal) at a meeting. But by the way, ladies and gentlemen I was already post-menopausal, so I wasn’t in the throes of hormonal events at that time. Again, I would ask the majority of the board three of you come to a conclusion to keep Erin she knows what she is doing. Just give her some time to get her feet planted. The Hell with what she said.
Roxanne Blanchard: can you explain the climate smart task force and community preservation committee?
Gerry Fornino: Can I get an update as to when the next meeting for the Zoning map amendments, and did I hear correctly that the Highway Superintendent is asking for a 4 year term instead of 2?
Town Clerk Gundberg: We can build unity back in this town, It can start right here… I know with everything going on in the world we couldn’t be more divided but our little Town can get together and send out those positive influences.
TOWN BOARD MEMBER TIME:
Councilman Coleman stated on the record that he valued all the employees and woman who sit at the table and all the woman who work for the Town. They do great work and truly appreciated.
Deputy Supervisor Enouen stated that she loves this community, I understand there are disagreements, but we do have a foundation, I’d like to see us move forward and think of ways we can continue to work together. I have a lot of respect for the hardworking people in the room.
Councilwoman Smiseth stated that she seconds everything Erin and Kate said and if things are brought to our attention , theres going to be a lot going on during this transition, please grant us the grace of some patience so we can do everything right and get things fixed correctly.
ACTION ON MINUTES:
Resolution # 149-2024:
Motion: Councilman Coleman
Second: Councilwoman Dindial
The Town of Rochester Town Board accepts the minutes of the March 7, 2024 regular business meeting, the March 14, 2024 Workshop meeting, and the March 27 Audit meeting, as presented.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
ACCEPTANCE OF DONATIONS:
Resolution # 150-2024:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
Town of Rochester Town Board accepts donations for St. Patricks Day Luncheon in the amounts of $ 25.00 from Alice Gray, Tim Hurley-$40, Mel and Elaine Tapper- $ 50.00, various donations $ 361.00 and St. Paulies textiles in the amount of $ 79.43.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
APPOINTMENT OF EMPLOYEE:
Resolution # 151-2024:
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town of Rochester Town Board, on request of the Highway Superintendent, confirms appointment of Patrick Davis to the position of seasonal MEO for the period April 1, 2024 – June 30, 2024 at a rate of $26.88 per hour for all hours worked.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
APPOINTMENT TO THE CLIMATE SMART TASK FORCE:
Resolution #152 -2024:
Motion: Deputy Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board appoints Judith Karpova and Heather Eckardt to serve as a members of the Climate Smart Task Force.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
APPOINTMENT TO THE COMMUNITY PRESERVATION COMMUNITY PRESERVATION COMMITTEE:
Resolution # 153 -2024:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board appoints Rebecca Collins-Brooks to serve as a members of the Climate Smart Task Force
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
Resolution # 154-2024:
Motion: Councilman Coleman
Second: Councilwoman Dindial
The Town of Rochester Town Board appoints Peter Nelson to serve as a members of the Climate Smart Task Force
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
Resolution # 155 -2024:
Motion: Deputy Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board appoints Christine De Boer to serve as a members of the Climate Smart Task Force
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
Resolution # 156-2024:
Motion: Councilwoman Dindial
Second: Councilman Coleman
The Town of Rochester Town Board appoints Samuel Zurofsky to serve as a members of the Climate Smart Task Force
Aye: 3 nay: 0 abstain:1-Enouen motion carried
Baden-absent
Resolution # 157-2024:
Motion: Deputy Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town Board appoints Lawrence Dewitt to serve as a members of the Climate Smart Task Force
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
CHANGE IN DATES OF 2024 RACE TRACK PERMIT: (amendment to resolution #378-2023)
Resolution # 158-2024:
Motion: Deputy Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board authorizes amendment to the racetrack permit renewal, approved with resolution #378-2023, awarded to Accord Speedway, Inc., pursuant to Town of Rochester Code §107-4C and all other conditions as specified in Town of Rochester Code §107. The amendment is as follows
“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.”
On request of the Speedway owner, the date of October 26, 2024 is removed and replaced with April 19, 2024 with a rain date of April 20, 2024 from the 40 racing dates.There is no change to the total number of approved dates and 10/27/24 rain date has been removed.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
AUTHORIZATION TO AMEND AN AGREEMENT:
Resolution # 159 -2024:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board authorizes the Town Supervisor to sign an amendment to a contract with DDCues, LLC, West Point, NY to provide TOR with various physical site security consulting services..
Appendix A – Payment Schedule and Scope of Work shall be amended to read [amendments in bold or shown as crossouts]
Price and Payment Schedule
This Appendix A supplements the Agreement between DDCues LLC (hereinafter referred to as “Contractor”) and the Town of Rochester (hereinafter referred to as “Client”) dated 24 January, 2024. The total price for the services to be performed under this Agreement is Four Thousand Dollars ($4,000.00), payable in accordance with the following schedule:
Retainer: A non-refundable retainer of One Thousand Dollars ($1,000.00) due upon execution of this Agreement [upon presented invoice].
Progress Payments: The remaining Three Thousand Dollars ($3,000.00) shall be paid in installments as follows:
Fifty Percent (50%) of remaining One Thousand Five Hundred Dollars ($1,500.00: Due on presentation of draft report [upon presented invoice]. .
Remainder due on completion and report presentation [upon presented invoice]
or NLT April 15, 2024.
All payments shall be made in US Dollars as outlined in Section 7. Late payments will be subject to a late fee of 1.5% per month, calculated on the outstanding balance.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
AUTHORIZATION TO ACCEPTANCE OF A PROPOSAL:
Resolution # 160-2024:
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town of Rochester Town Board authorizes the Supervisor to accept the professional services proposal from Peak Engineering, 3751 Main Street, Stone Rodge, NY 12484 for engineering services related to a restroom facility to be located at Town Park to develop a survey, site plan, water supply design, wastewater treatment design, and building plans for said project. The proposed and approved amount shall not exceed $15,000. Funding for this project has been contracted with Ulster County with the Town of Rochester being a recipient of an ARPA Grant of $100,000 with a 100% match required by the Town. The Town has encumbered $175,000 for this project from Town Funds.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
AUTHORIZATION TO ENTER INTO AN AGREEMENT:
Resolution # 161 -2024:
Motion: Deputy Supervisor Enouen
Second: Councilwoman Dindial
The Town of Rochester Town Board authorizes the Supervisor to sign and file a grant application with the Hudson River Valley Greenway Grant Program for a Greenway Compact Communities Grant in the amount up to $25,000 for development of a Community Preservation Program as amended.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
JUSTICE COURT AUDIT:
Resolution # 162-2024:
Motion: Councilwoman Smiseth
Second: Councilwoman Dindial
The Town of Rochester Town Board authorize the Town Supervisor to send a copy of the audit of the Justice Court records for the fiscal year ending December 31, 2023 to the State of New York Unified Court System.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
DISCUSSIONS:
CHANGE OF WORKSHOP MEETING DATE:
Resolution # 163-2024:
Motion: Deputy Supervisor Enouen
Second: Councilwoman Dindial
The Town of Rochester Town Board rescheduled the April 11th workshop meeting for April 17, 2024 at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road Accord, NY 12404.
Aye: 4 nay: 0 abstain: 0 motion carried
Baden-absent
WORKSHOP MEETING BULLET POINTS:
KAFAS financials meeting
Spectrum Proposal resolution
Mapping review: PL-10 side by side comparison
Aloud uses/ zoning districts
GAR services/ Assessors office moving forward
GAR Appraisal services for Town of Rochester property revaluation:
The Board agreed to discuss with Assessor Baracca the reval of the assessment cycle and what will be needed in order to keep up with the work and maintain proper equalization rates. It was also asked to have a up to date proposal submitted from GAR.
Charter Spectrum proposal:
Councilman Coleman stated that he would circulate the Spectrum proposal and any questions bring to the workshop meeting on the 17th.
Board of Assessment Review vacancy:
The Board was going to see if there are upcoming trainings available prior to Grievance Day.
Highway Department roof repairs:
The Board agreed to additional quotes. Two quotes were received from the same company but regarding two different scopes of work.
Rochester Ambulance District vendor contract:
Will talk with the Rescue squada at the workshop meeting.
Local Law Proposal – First-Time Homeowners Property Tax Exemption
Local Law Proposal – Residential-Commercial Urban Exemption
ADJOURN IN THE MEMORY OF:
Howard R. Fisher Jr.
Guy Marks Jr
Jeanine Rosemary Lorey
Charles Robert Van Aken
The People of Palestine and Israel
The people of Ukraine
All suffering worldwide from the COVID-19 virus
EXECUTIVE SESSION:
Motion: Deputy Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town Board motions to enter into executive session at 9:08 pm for the purposes of
1. Discussion of current litigation
2. Discussions regarding matters leading to the removal of a particular person from a particular position.
* Town Clerk Gundberg left at 9:40pm
* Town Supervisor joined executive session at 9:45pm
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board motions to exit executive session at 10:28pm.
ADJOURNMENT:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board adjourned the meeting at 10:28pm.