The Town of Rochester Town Board held the Regular Meeting on September 12, 2024, at 6:30 PM 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:
Councilwoman Renee Ciardi Councilman Michael Coleman
Councilwoman Emily Dindial Councilwoman Charlotte Smiseth
Town Supervisor Erin Enouen Deputy Town Clerk Christina Ferrara
Town Attorney Marylou Christiana
Supervisor Enouen called the meeting to order and led in the Pledge of Allegiance to the Flag.
ACCEPTANCE OF AGENDA:
Resolution # 260-2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
The Town Board accepts the agenda, as prepared by the Town Supervisor, with amendments: continuation of the Public Hearing, discussion of September 11th, executive session for matters leading to the appointment of particular persons.
Aye: 5 nay: 0 abstain: motion carried
CONTINUATION OF PUBLIC HEARING
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town Board holds open the Public Hearing LL J- 2024 amending Chapter 140-Zoning, until September 26, 2024, at 6:30 pm at the Harold Lipton Community Center, 15 Tobacco Rd Accord, NY 12404
Aye: 5 nay: 0 abstain: motion carried
SUPERVISOR’S FINANCIAL REPORT:
August 2024
Financials Revenue
General Fund $ 18,5220.26
Highway Fund $ 6,180.70
Total Expenditures
General Fund $ 248,892.28
Highway Fund $ 108,715.88
Street Lighting Fund $ 173.60
Capital Fund $ 0.00
Ambulance Fund $ 0.00
Escrow Fund $ 7,525.38
Abstract 8-2024 -Approved
General Fund
Highway Fund
Capital Fund
Street Lighting Fund
Ambulance Fund
Escrow Fund
SUPERVISOR’S CORRESPONDENCE REPORT:
Supervisor Enouen had a brief discussion with the board of land conservation district funding opportunities.
SUPERVISOR’S UPDATE:
GRANTS:
BridgeNY—Boice Mill Road Bridge: Supervisor Enouen signed papers for the Boice Mill bridge design and will request an extension.
County ARPA Parks- We reviewed the bathroom design last week and working to finalize the sighting.
JCAP- Reissued the request for proposals.
Bridge NY—Project 32 Bridge / Sundown Culvert: Supervisor Enouen will meet with the Highway Superintendent and Highway Secretary to review the paperwork.
TOWN BOARD UPCOMING AGENDAS:
September Audit Meeting—The September Audit Meeting will be held on the 26th, along with the continuation of the public hearing LL J -2024-Zoning.
October Budget Meetings – We want to start scheduling budget meetings and try to keep them within existing meetings—also, a reminder our October workshop meeting will be on Tuesday, October 1st.
ATTORNEY FOR THE TOWN REPORT:
I will be representing the Planning Board on Bruck and Martin’s petition against the TOR planning board regarding the Granary decision. I’ve also obtained an extension to file papers until October 22nd. We can discuss DeJager later, on the agenda and any questions you may have on the assessment review case.
HIGHWAY SUPT. REPORT:
CHIPS FUNDING: Came in a week early at over $600,000 in reimbursement.
TOWN CLERK/ TAX COLLECTOR REPORT:
Town Clerk: Month of August $ 52,067.52 was received.
Hunting licenses are on sale, Doe permits are available until 10/1/2024.
RESIGNATIONS:
Marc Grasso- Planning Board Chair and member
HIGHWAY SUPT. REPORT:
CHIPS FUNDING: Came in a week early at over $600,000 in reimbursement.
DEPT. UPDATES/ LIAISON REPORTS:
Councilman Coleman:
ZBA no updates, no meeting last month.
Spectrum -no updates.
Spoke with Joe Vitti from Marbletown First Aid Unit, and we are going to find time to chat soon. It sounds like everything is going fine with the squad.
Spoke with Mr. Nerko from KAFAS. I know we’ve received some correspondence and updates for the contract. Reiterating some discussion, in terms of what the board would be looking for in terms of additional documentation trying to move to the next phase in the process
Constabulary- 19 direct calls for service 14 neighbor-to-neighbor quality of life, three resident traffic complaints, two environmental complaints, zero new building department violations, two new court cases open, and seven court proceedings remaining open.
Councilwoman Smiseth:
The Housing Committee had its kick-off meeting Going in a great direction.
The Town of Rochester Summer Program was a great success this year! Thank you again to the Rondout Valley Food Pantry for providing so much food for the kids in our program. Their assistance is always greatly appreciated, and we look forward to working with them again next year.
We are gearing up to begin the After-School Program on Monday, September 16th. Registration has been great this year, and many more kids will be attending than last year, so we are thrilled to get started.
Medicare open enrollment will be from October 15, 2024, until December 7, 2024. The Ulster County Office for the Aging will host consultations at the Harold Lipton Community Center on various dates. Please call 845-340-3456 for more information or to make an appointment.
Basketball registration will take place in October. More information will be provided in the coming weeks.
Heritage Day will be happening on October 5th this year and the Town of Rochester Recreation Department will once again be hosting the Annual Pie Contest! Youth and Adult categories will be available. There will be cash prizes for the winners! Call the Rec Dept if you’re interested in entering the competition.” ~Ashley Sweeney, Recreation Director
Supervisor Enouen:
ECC: The ECC found a grant opportunity to do an inventory of the trees, flora, and fauna of one of the town’s properties and thought that maybe it was a good opportunity to apply for funding, application is due by the end of the month. I forwarded this to Council Smiseth.
Code Enforcement: I’ve been working with code enforcement a few times a week, reviewing ways of streamlining systems, site plan approvals, and talks of weekend enforcement staff for events and businesses open in town.
Climate Smart Committee: Looking forward to having the first meeting scheduled.
Transfer Station: Discussion of a waste audit, and possible fee changes.
Town Clerk Gundberg: HPC: Awards will be given out at 2:00 pm at the museum on Heritage Day. The Commission continues to work on updating the reconnaissance survey.
PUBLIC COMMENT:
Charles Nerko, KAFAS:
Several years ago, we came to the town board because we needed serious help. There’s a one in five chance that someone called 911 and the ambulance didn’t show up. The Town Board acted decisively for the tax district and the community came together and said this is a worthy investment. I think it’s the first time in the history of the Town of Rochester that people across the aisle came together and said yes, raise our taxes. The cool thing is, that the average homeowner in the Town of Rochester only pays a dollar more a week for an ambulance service and what they get with that service is, rather than an all-volunteer response where you play roulette there’s a one-in-five chance, an ambulance will not show. The work of our dedicated volunteers is augmented by hiring paid staff when our volunteers are unavailable to respond. Through KAFAS’ fiscal management, we’ve been able to provide that outstanding service, increasing our response rate to a near-perfect 100%. The reason it’s not exactly 100% is since you get funky situations when there is multiple 911 calls, we’re good about doing backup calls. Sometimes there are three calls at once and in those rare circumstances we’ll have an ambulance from the neighboring town respond. Right now, in the town of Rochester, you call 911, and there is a local ambulance group ready to respond. KAFAS can do this at less than half the cost of the average municipality in Ulster County. Last year Ulster County came out with a report analyzing all the ambulance service fees through municipalities paid and volunteer KAFAS is less than half of that. We’re happy to brag about KAFAS, and we’ll be getting updated financial information to the town board by next week. We look forward to continuing our partnership with the town and providing the community with the service that they expect and that they deserve to keep everyone safe and healthy so that they can receive prompt medical care in their time of need. I thank the town board for its partnership with KAFAS ~ Thank You
Zorian Pinsky:
Expressed his concerns about local establishments not following our code causing noise and traffic issues.
Gerry Fornino:
Last night was our annual honoring, Patriots’ Day remembering attacks on Sept 11, 2001, at the Accord Fire District at Main St, Accord. The town tried to have a volunteer appreciation day a few years ago. I’d like this to become an annual event so that we can thank the volunteers of our town.
Written comment submitted:
We have had no meetings or responses from the Town Board to our questions raised, on April 24, regarding issues with the lack of financial reports from KAFAS (Kerhonkson Accord First Aid Squad). Since there is no contract with KAFAS, how do we move forward? The problem was left in the hands of the Town Board, to follow up to obtain said financial statements. It is now the beginning of September, 5 months later, and we, the committee, know nothing of how the Town Board wants to proceed. As of April 2024, with the lack of financials and no contract, the Town cannot write checks to KAFAS, using the money collected by taxes. What will happen to this money?
In September, the Town Board will begin the 2025 Town Budget process. When will you be taking action on 2024 KAFAS financial issues? What is the plan to move forward? How will you answer, “How did KAFAS afford the “fly car” they purchased without receiving Town money?” KAFAS touted they needed the Town’s money for a new ambulance purchase. Now KAFAS has stated they are buying a new ambulance. Although never shown in the paperwork they did submit to the Town, it would seem they have found resources to make this purchase as well. What is the Town’s intent regarding KAFAS, moving forward? Doing these purchases without the Town’s money, it appears, they no longer need taxpayer money. This committee and taxpayers have the right to answer these questions.
~ Bea Haugen Depuy
TOWN BOARD MEMBER TIME:
Councilwoman Smiseth- Thank you to the volunteers, service, sacrifice, and all those lost on 9-11.
Councilman Coleman- It’s a good reminder of what Jerry just pointed out: a significant number of people who spend their time and volunteer, on a committee or not, and as a Board we all value that. As far as code enforcement, I do think we want to figure out how to make enforcement better.
Councilwoman Ciardi: Agrees with Michael about code enforcement. Next year possibly a block party for our volunteers. I don’t want to impose on a 9-11 ceremony, that should be a dedication. But as a day of appreciation, we should have all the committees, and volunteers together and maybe make it a potluck to say thank you. I’d be happy to head that for next year if I’m here.
Councilwoman Dindial: I love the idea of the dedication to the volunteer day and wonder why the existing volunteer day fell flat. If we put in the time and resources, we could make it good to recognize everyone and give them thanks.
Supervisor Enouen: Before we pass the possible resolution Jerry presented; we need to coordinate with all agencies.
We also need to do a better job recognizing our staff, employees, and volunteers we should take this to heart and show our appreciation. The board will possibly form another commission tonight, keep in mind what we’re asking people to do when they have served us. I’d like to also thank Jerry for the event yesterday, it was just very heartfelt, It’s important that we not forget.
Councilwoman Dindial: Wants to clarify, are you asking for us to combine the volunteer day with September 11th, it seems more dignified to do it separately.
APPOINTMENTS:
APPOINTMENT OF ASSESSOR’S AIDE:
Resolution # 261-2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town Board appoints Joanne Faerber, to the position of Assessor’s Aide-Permanent from the Certificate of Eligibles provided by the Ulster County Personnel Department, effective September 12, 2024, at the rate of $22.00/hour for a regularly scheduled work week of 35 hours per week, unless authorized otherwise.
Aye: 5 nay: 0 abstain: motion carried
APPOINTMENT TO SENIOR AND YOUTH COMMISSION MEMBER:
Resolution # 262-2024:
Motion: Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board appoints Melissa Guimaraes to the Senior and Youth Commission with a term to expire 12/ 31/ 2026.
Aye: nay: abstain: motion carried
ACTION ON MINUTES:
Resolution # 263 -2024:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board accepts the minutes of the August 1, 2024, regular business meeting, August 8, 2024, Workshop Meeting, August 21, 2024, Information Session, August 24, 2024, Information Session, August 29, 2024, Public Hearing, and the August 29, 2024, Audit meeting, as presented.
Aye: 5 nay: 0 abstain: motion carried
AUTHORIZATION OF ATTORNEY REPRESENTATION:
Resolution # 264 -2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town Board authorizes town attorney Mary Lou Christiana to represent the town in the Small Claims Assessment Review Hidden Forrest MHP, LLC vs. Town of Rochester.
Aye: 5 nay: 0 abstain: motion carried
HEALTH INSURANCE RENEWAL:
AUTHORIZING THE SUPERVISOR TO SIGN RENEWAL OF MVP SELECT CARE, INC
Resolution # 265-2024:
Motion: Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board accepts the Small Employer Benefits Package with enrollment of qualified Town employees/spouses/families in the MVP Silver 8 Health Plan, effective December 1, 2024, through November 30, 2025, as presented by Marshall and Sterling Group Benefits and authorizes the Supervisor to sign the agreement.
Premium Rates per month 6% monthly increase
Coverage Type Current Rate New Rate
Single $966.52 $1028.49
Employee/Spouse $1933.04 $2056.98
Employee/Child $1643.08 $1748.43
Family $2754.58 $2931.20
Aye: 5 nay: 0 abstain: motion carried
AUTHORIZING THE SUPERVISOR TO SIGN RENEWAL OF MVP SELECT CARE, INC.-
HEALTH REIMBURSEMENT ACCOUNT
Resolution # 266-2024:
Motion: Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board accepts the Small Employer Benefits Package with enrollment of qualified Town employees/spouses/families in the MVP Select Care, Inc Health Reimbursement Account, effective December 1, 2024, through November 30, 2025, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
Deductible – 80% paid by Town (split 40% town – 20% employee – 40% town)
Monthly Fee is $2.50 per participant per month
Individual $4650 per year ($250 increase from existing)
Double or Family $9300 per year ($500 increase from existing)
Aye: 5 nay: 0 abstain: motion carried
AUTHORIZING THE SUPERVISOR TO ESTABLISH A FLEXIBLE SPENDING ACCOUNT HEALTH -FSA
Resolution # 267-2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town Board makes offer to employees, the opportunity to enroll in the MVP Select Care, Inc Flexible Spending Account Health FSA in an account up to $3200. Per year with a grace period of 2.5 months after the end of the plan year to utilize all funds, effective December 1, 2024, through November 30, 2025, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
Aye: 5 nay: 0 abstain: motion carried
AUTHORIZING THE SUPERVISOR TO SIGN CONTRACT RENEWAL OF DENTAL INSURANCE
Resolution # 268-2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town Board makes offer to employees, the opportunity to enroll in the CDPHP Delta Dental of NY Traditional PPO option, effective December 1, 2024, through November 30, 2025, as presented by Marshall and Sterling Group Benefits, with the employee to pay 25% of the coverage and the Town of Rochester to pay 75% of coverage and authorizes the Town Supervisor to sign the agreement.
Premium Rates per month 0% monthly increase (4th year of the same prices)
Coverage Type Current Rate New Raise Increase
Single $ 34.83 $ 34.83 $0
Employee/Spouse $ 73.76 $ 73.76 $0
Employee/Child $ 70.76 $ 70.76 $0
Family $112.24 $112.24 $0
Aye: 5 nay: 0 abstain: motion carried
HIGHWAY BUDGET MODIFICATION:
Resolution # 269-2024:
Motion: Supervisor Enouen
Second: Councilwoman Ciardi
The Town of Rochester Town Board authorizes the Town Supervisor, as budget officer, to modify the highway budget by moving $10,000 from budget line 5142.418, snow removal, Road Sand, to budget line 5110.440, Maintenance of Streets, Professional Services, Paving
Aye: 5 nay: 0 abstain: motion carried
DEJAGER SUBDIVISION BOND APPROVAL:
Resolution # 270-2024:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
Town Attorney Christiana recommends The Town of Rochester Town Board approve the preservation conservation easement agreement with DeJager Realty, LLC as presented and authorize the Supervisor to execute that agreement as to our third-party enforcement right.
Aye: 5 nay: 0 abstain: motion carried
CONSTRUCTION BOND
Resolution # 271-2024
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Planning Board recommends the Town Board set The Construction Bond amount of $910,825 for the construction of the DeJager subdivision and the applicant shall present the bond for review and approval of the Town Board before they start.
Aye: 5 nay: 0 abstain: motion carried
RESTORATION BOND
Resolution # 272-2024
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Planning Board recommends the Town Board set the Restoration Bond at a sum of $270,900 for the DeJager subdivision and the applicant shall present the bond for review and approval of the Town Board before they start.
Aye: 5 nay: 0 abstain: motion carried
ADOPTION OF LOCAL LAW 4 OF 2024:
Resolution # 273 -2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town Board renames Local Law G of 2024, establishing a Community Preservation Fund and creating a Community Preservation Fund Advisory Board, to Local Law 4 of 2024 and adopts the same, and requests the Town Clerk file with the New York Department of State.
Aye: 4 nay: 0 abstain: motion carried
Smiseth Absent
SCHEDULING SPECIAL MEETING
Resolution # 274-2024:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
Town Board to schedule a Special Meeting Monday, September 16,2024 at the Town of Rochester Town Hall,50 Scenic Rd, Accord, NY 12404 at 8:30 am, and for the Town Clerk to circulate notice.
Aye: 5 nay: 0 abstain: motion carried
ROCHESTER AMBULANCE IMPROVEMENT DISTRICT:
The Town Board wants to see financial details before signing a contract and releasing funds.
Councilman Coleman: What the board wants to see in terms of documentation is the contract. Calls are being answered, and people are getting the help they need. My understanding, based on conversations with the board, is that we all want a better sense of not only what the financial outlook looks like today, but what it looks like in the future to make sure that they continue to provide services to the town.
If we get a contract signed, I will support dispersing funds at the very least for the ones that have been covered and then the remaining funds when we get the final reports. We need a contract in place.
Councilwoman Smiseth: I am not ready to sign a contract without seeing the financials that include more details. I’d like to see a monthly breakdown of expenditures, income, and bank account balances. I don’t doubt the service that KAFAS provides to the residents of this area, and I think we must make sure these services are provided. Having a contract that is not active right now and they haven’t needed our funding for 3/4 of the year is concerning so I want a detailed monthly breakdown year to date for 2024.
Councilwoman Ciardi: I don’t have a heavy opinion on this, not knowing the wait time for the documents that you’ve reviewed before, but I think that seems pretty reasonable to not want to move forward until you see the financials. I do also feel that since the calls were responded to that should be acknowledged as well, and I think moving forward with the correct documents provided is reasonable.
Councilwoman Dindial:To be clear you guys are saying you have financials and it’s not enough. I agree that it’s important that calls have been responded to and I feel like it’s important to get a contract done as soon as possible.
Attorney Christiana: You must be aware that we had this set up for quarterly payments and in their redlines, they’re proposing that payments be made in February and March just two payments not quarterly. That’s something you want to think about, this is what we’re doing with the Marbletown rescue squad on the other district contract. We’re doing quarterly that’s working well, it’s a way to help be sure we get the reports that we asked for. I do want to look just in case we have anything in our formation of the district that sets forth quarterly payments.
Supervisor Enouen: I would like to propose that with Councilman Coleman’s permission, the two of us perhaps meet with Marylou, and call a meeting with KAFAS leadership, their attorney. I want to be clear on exactly what the board wants to see so we can have a face-to-face discussion and have that presented in October at our next meeting.
Councilwoman Smiseth: I would still like to see a quote from another ambulance company for the budget season at some point so that we can at least get an idea, if this contract can’t happen, what we should be looking at for next year.
SEPTEMBER 11th MEMORIALIZING RESOLUTION:
The Town Board discussed and will work on the details for this resolution to create a memorial ceremony.
ENTERED INTO EXECUTIVE SESSION:
Motion: Supervisor Enouen
Second: Councilwoman Smiseth
Town of Rochester Town Board entered into an executive session to appoint a part-time person and to discuss litigation with Hidden Forrest MHP, LLC vs. TOR at 8:21 pm.
Aye: 5 nay: 0 abstain: motion carried
MOTION TO EXIT EXECUTIVE SESSION:
Motion: Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board reconvenes the meeting at 8:42pm with no action taken nor monies expended.
Aye: 5 nay: 0 abstain: motion carried
ESTABLISH PART-TIME SEASONAL WAGE
Resolution # 275 -2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town board establishes a wage for a Part-time seasonal position of Recreation Aide, After School, Lead at the rate of $19.25/hour.
Aye: 5 nay: 0 abstain: motion carried
APPOINTMENT OF RECREATION AIDES:
Resolution # 276-2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
At the recommendation of the Recreation Director, The Town of Rochester Town Board makes the following appointments to the Part-time seasonal position of Recreation Aide, after school, at the rate of $15.75/hour, effective 9/12/2024:
Jennifer Connor
Lisa Babcock
Samantha Ritayik
Alex Morales
Lacey Freer
Madison Paddock
Aye: 5 nay: 0 abstain: motion carried
APPOINTMENT OF LEAD RECREATION AIDE:
Resolution # 277 -2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
Town of Rochester Town Board makes the following appointments to the Part-time seasonal position of Recreation Aide, afterschool, lead, at the rate of $19.25/hour, effective 9/12/2024:
Sheila Brown
Aye: 5 nay: 0 abstain: motion carried
In Memoriam to all those that we’ve lost due to the September 11th, 2001, attack.
Adjourn at 9:45 pm
Motion: Councilman Coleman
Second: Councilwoman Smiseth MOTION CARRIED
RESPECTFULYY SUBMITTED,
CHRISTINA FERRARA
DEPUTY TOWN CLERK