The Town of Rochester Town Board held the Regular Meeting on November 14, 2024 at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY
As of 11-12-2024
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 Town Clerk Kathleen Gundberg
RESOLUTIONS:
ACCEPTANCE OF AGENDA:
Resolution # 309-2024:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town Board accepts the agenda with amendments to include October Financials, SEQRA review, Supervisor’s Report, Formation of Community center yard, Funding application for the Recreation Dept., race track permit approval, and medicare insurance.
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
SUPERVISOR’S FINANCIAL REPORT:
October 2024
October 2024 Financials
Revenue
General Fund $ 123,366.36
Highway Fund $ 72,045.58
Total Expenditures
General Fund $ 218,883.54
Highway Fund $ 107,273.60
Street Lighting Fund $433.83
Capital Fund $
Ambulance Fund $5,750.00
Escrow Fund $ 2,837.50
Abstract 10-2024
General Fund $99,281.61
Highway Fund $38.540.22
Capital Fund $0
Street Lighting Fund $435.83
Ambulance Fund $5,750.00
Escrow Fund $2,837.50
SUPERVISOR’S REPORT:
Recognition of service: Pride of Rochester: Supervisor Enouen stated this past weekend was the Veterans pancake breakfast and on Monday there was the Veterans Day service at our Veterans park. It was a great opportunity to talk with veterans of our town and volunteers who help recognize our Veterans. After learning more about the history of Veterans Park I think it would be appropriate to recognize all the volunteers and hard work that went into the process and creation of the Veterans Park.
Supervisor Enouen recognizes all of our veterans and our volunteers who help recognize and honor our Veterans.
Correspondance report:
– Feedback from a resident about the budget.
– Coalition watershed town membership
– Dept. of Ag and Markets- regarding a Capital project
SUPERVISOR’S UPDATE:
Grant
NY Rising – Alligerville Firehouse- close out
BridgeNY – Boice Mill Road Bridge- updated paperwork has been completed
County ARPA Parks- waiting on the water sample results
JCAPBridge NY – Project 32 Bridge / Sundown Culvert
Other updates
TOWN BOARD UPCOMING AGENDAS/ EVENTS:
November Audit meeting Tuesday 11/26
Thanksgiving Luncheon 11/22
December Meeting Schedule
TOWN CLERK / TAX COLLECTOR REPORT:
Tax Collector: We had a training in the end of October on the new tax program that will be implemented in 2025.
Town Clerk: For the month of October $ 61, 367.99
RESIGNATION:
AnnMarie Moloney- Planning Board
LIQUOR LICENSE FILED:
Harana Markets
5125 Route 209
Accord, NY 12404
HIGHWAY SUPERINTENDENT REPORT: nothing to report
DEPT. UPDATES/ LIASION REPORTS:
Councilwoman Smiseth: Rec dept.: Medicare consults are on going at the center. The thanksgiving Luncheon is on 11/22 call the Rec. dept to sign up. Chair Yoga runs Thursdays 10-11:15am, line dancing is in a hiatis, Basketball program has began. Check with the Rec dept for upcoming holiday events. Eldercare: 2 new participants, 8 calls referred and 32 visits.
Councilwoman Ciardi: absent
Councilwoman Dindial: nothing to report
Councilman Coleman: Spectrum: 3 projects are done, still have work to do with one resident on Cherrytown Rd. EMS: big thank you to the fire company for hosting the veteran pancake breakfast, and thank you to all of our Veterans. KAFAS: we have had several meeting and hope to see some things moving forward. They will be hosting a food drive for the Rochester Food Pantry. Thank you to all our volunteer fire fighters who have been working hard on the fire in the Town of Denning. We want to remind everyone that there is a burn in effect, there is no outdoor buring right now.
Constabulary:
The Constabulary answered 22 direct calls for service and other duties in October of 2024.
These included:
17 Neighbor to Neighbor and Quality of Life Complaints
4 Resident Traffic Complaints (Dunns Farm/Krum Rd, Berme Rd., Lwr. Whitfield Rd., Clay Hill Rd.)
1 Environmental Complaints, (Cherrytown Rd.)
0 New Building Department Violations
0 New Court Cases Opened
8 Court Proceedings Remain Open
0 Court Proceedings Closed
Supervisor Enouen: Planning Board meeting had technical difficulties streaming the meeting. The 2 new Planning Board members were in attendance. Code Enforcement: looking at a new program for permitting, they are excited to have more staff to write violations.
Community Smart: There is grant funding that I would like the climate smart community members to persue regarding making the Town more energy efficient.
Upcoming meetings: I would like the Board to review our Town policies ahead of the organizational meeting.
Town Clerk Gundberg:
HPC: Would like to have the Hamlet signs, cleaned, painted or replaced if they are in disrepair. Working on setting up their hamlet talks for 2025, Whitfield is scheduled for June 2025, Pine Bush for October 2025. They continue to review historic homes on the market and making updates to the reconnesiance survey.
PUBLIC COMMENT:
Barbara Fornal: Good evening, and for the new people sitting on the board tonight my name is Barbara Fornal and I have lived at 4 Boodle Hole Road for 34 years. My husband Steven served on many committees and Boards for 30 years, Putting his writing and music on hold, and VOLUNTEERING his time working 24/7 trying to educate the public as to what good government is for the benefit of all citizens of Rochester equally applied. I took the role of recording the Observer.
I am here tonight to present this letter to you, The Town Board, to have the following discussion items put on the record.
1. ENFORCEMENT- This has been on ongoing concern of mine over the years as I have observed and witnessed an unwillingness to enfore the code by several CEO’S from the Town of Rochester. As our current CEO has exhibitaed on many occasions.
I personallymet with Mr. Davis about 3 years ago over my concern that he was not enforcing the code he is obligated to do. His response to me was “ what do you want me to do, be a Hitler?” I replies “ no, enforce the code” He just rolled his eyes and dismissed my concerns. The answer and attitude that I got is just what I expected. So then I took it upon myself to attend local court for 6 months every Wed night to see what happens to these code violators. I consistently saw no actions taken by the judges and never any reporting back to the town. One in particular is still in violation 6 years later. In fact, the judge Shaheen called me out publicly one night and said “So, Mrs, Fornal, why are you here every Wed, in that same seat?” I replied, “ to see if you are doing your job that you are being paid for.” He then proceeded to psychologically analyze me in front of the entire court room to try to dismiss my comment.
On Boodle Hole Road between me and the bridge and beyond, my neighbors have built structures with no building permits, have illegal air b&bs, structures in their front yard setback and have illegal generators that were installed by JM of A&M Hardwarewith no BP, no electrical inspection, no town and central Hudson certification as required under the Town of Rochester Code. This information that I learned when we had Gen Plus from Tillson install our generator. When confronted, JM’s comment was “ I have installed 100’s of generators in this town including town officials and there is no enforcement in this town.” Not following code may have put these people’s safety in jeopardy.
My neighbors now see me as the enemy for trying to get them to do the right thing, regardless for their own safety. After contacting the Generac manufacturers, they stated that the generators must be so many feet from your house, not near a window for the carbon monoxide fumes and unless you have a model that has special insulation, they can overheat.
AND, my neighbors all had the same comment,” there is no enforcement in this town.” Not “ I should do the right thing.”
For 2 years, I repeatedly went to the CEO office to report activity I was hearing in what was the old “ Moonie Camp” on Mettacahonts Road. They had clear cut the trees to the stream, which should have involved the DEC, Paved an area, constructed a road, built a structure to house their equipment, which is visible from the road, all with no town approval. Neighbors took pictures. Nothing was done by the CEO and now this project is called “ Meta Lake” is a big problem for the planning board. As they are now asking for a subdivision. That was the plan I was tolf about years ago.
For town enforcement, The CEO is only allowed to drive on your driveway and go to your front door. Many of the violations are off the beaten path. The reason my husband Steve took to the air to take pictures of the violators from a plane.
However, now there are DRONES. I therefore suggest we invest in drones like Kingston and Marbletown have done to help with more successful and efficient enforcement. A clear message they are not fooling around anymore.
So, adding on more people to help with enforcement will not help the perception in this town that there is no enforcement. Especially with citizens willfully breaking the law. Only by levying fines and consequences for bad behavior will this change. Perhapsthe change in perception can be acquired also by retiring our current CEO, Jerry Davis, or perhaps he will realize like at the national level, it is time to move on for the best interest of the town.
2. WATER HYDROLOGY STUDIES- I am requesting that the town update the water hydrology study done back in 2005 to evaluate the amount of available water, It’s location, and current state of our towns water aquifer. Back in 2005 the results showed water issues, the reason for the need to institute 3- and 5- acre zoning. We could no longer sustain water availability with 1 acre zoning. Houses are being built or redone all over town. There are over 350 Air B&B ‘S ( many that are illegal, more event spaces, wedding venues, and after COVID many people have relocated here permanently and working from home online. All these amount to hundreds of people taking from our towns wat aquifer. Many with not even a consideration for water conservation.
Not to mention the agricultural farms many with AG write offs for taxes, the new indoor and outdoor cannabis farms, and farms that where once seasonal that are doing all year-round. CSA’s and are tapping off the water aquifer to the tune of hundreds, maybe even thousands of gallons of water. One farmer told me they run their well dry everyday. Perhaps, they can get huge above ground holding tanks, have Turco deliver them water for this HUGE drain on our water aquifer instead. I do not use my well to water my gardens. Instead haul water in 1 gallon containers from uppercherrytown. I do about 200 gallons a week. I am now continuing to do that since my well went dry. Inspite of hauling all this water since march.
My 365 foot well and many in the area went dry on Oct 30th and are continuing to go dry. We are in serious water situation in 16 counties in NY. You should be concerned that the streams, lakes, and reservoirs are drying up or already totally dry. There is no significant rain in the forecast. We are down 10inches and this could go on for months. The Ashokan Reservior has never been this low and ow not only NYC but the city of Newburgh that has to tap into the Reservior after fire fighting foam went into Washington Lake, their water supply, and tainted the water with cancer causing PFOA’S. We could be facing a long extended drought. Let us hope tahtwe do not have any forest fires locally.
Perhaps te town board could advise on the water situation with our water conservation techniques as ALL our wells tap into towns water aquifer
I will also be addressing the Towns Planning Board on this issue. Hydrological studies should be required before approvals are given. I have also been gathering documented data on the property for”Meta Lakes” that shows us that there was a 50 year history of lack of water tthere ( reason for damming the Boodle Hole and creating a lake for water use back in the 70’s when is was being used by hundreds of children campers). That property was also placed on the Environmental Toxic waste site after the complete burial of the “ Moonie” Camp including leaking oil tanks, refrigerators, stoves,metal pipes, ect. A lot of toxic material. That burial was witnessed at 2AM under the lights by me, my husband, the town supervisor and a councilman, after being called. They reported to the DEC that they saw nothing even as pipes were seen sticking out of the ground. Being a toxic site, I would hesitate drinking any water coming from the ground there.
3. TAXES- I know that there is a great need to now go over the 2% tax cap to continue to provide for the growth happening in our town.
Erin, I give you so much credit for revealing this reality to the community, especially in an election year, rather than using having the lowest taxes in Ulster County and not raising taxes as an election ploy to get yourself elected. The lowering of the fund balance to not raise taxes, done by previous supervisors, has been a continuing financial fiasco.
So if taxes are going to be raised, please make it fair and equitable for all people in town. No matter how much land you have, wht is your business, or what your old-time name is. Taxes are based on the value of your house and property. It is all about VALUE.
I am now specifically speaking about the mines in our town.
The mines were permitted by the DEC years agowhen our town board relinguished their authority to the DEC, with no truck routes designated, no concern for traffic, noise, dust, pollution and allowed the removal of millions of cubic yards of material, making MEGA MONEY on their value and still virtually paying taxes on vacant land. They are not paying their fair share of the taxes based on their value of their asset basically screwing the people of this town even as they continue to stress our roads, collapse our bridges all to the expense of the tax payer. As a part of the MINE LAND RECLAMMATION PROGRAM, the land was to be reclaimed.. For the most, that has not happened. The pictures from the air look like a war zone.
My husband Steve assisted March Gallagher from Saugerties with thei DEC mining issues and through the use of the tax code found a way to tax the mines on their value. It increased prosperity for the town. I suggest that you look into this as part of your tax plan increase to make it fair and equitable for all the citizens of Rochester.
I hope our assessor continues to search fr those citizens (in the past lists were found, some with famous town names) that were not on the tax rolls to pay taxes. YES, they never paid taxes. And as I understand as recently as last year, they found someone living here since 1996, not paying taxes. They were only thinking of themselves.
I am sad to say that I realized that 38 years ago, when I moved here, but I had hoped with time and hard work things would be different. I think I was wrong.
Ruth Bendelius: Why can’t I print out the meeting agenda, office hours, meeting minutes or other public information on the TOR website?
When and who directed this action?
What is the actual reason for “ You are not allowed to print preview this page. Thank you.”
For decades I was able to print out wanted or needed information. It would be nice for taxpayers to be able to print out any and all information again.
TOWN BOARD MEMBER TIME:
Councilman Coleman agreed in regards to the website and the Board should work on having that resolved.
Supervisor Enouen stated that in the 2025 budget there is a program called near map that is the drone based program and we are entering into a reval in the 2025-2026 year.
The Town Board reviewed SEQRA for Local Law J of 2024 and Local Law L-2024.
SEQRA DETERMINATION LOCAL LAW J OF 2024:
Resolution # 310-2024:
Motion: Supervisor Enouen
Second: Councilwoman Smiseth
As Lead Agency for the SEQRA review of Local Law J-2024 ,The Town of Rochester Town Board determines the action will not have a significant adverse impact on the environment based on the Town Board
1. having been classified as a Type 1 Action under 6 NYCRR Part 617.4(b)(1) and (2),
2. referring such local law to the Ulster County Planning Board and Town of Rochester Planning Board for comment,
3. having reviewed Parts 2 and 3 of the EAF Full Form encompassing the Environmental Quality Review of such action.
ROLL CALL:
Councilwoman Ciardi absent
Councilman Coleman aye
Councilwoman Dindial aye
Councilwoman Smiseth aye
Town Supervisor Enouen aye 4-0 aye, motion carried
Ciardi- Absent
SEQRA LOCAL LAW L OF 2024:
Resolution # 311 -2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town Board classifies Local Law L of 2024 as a Type II action for the purposes of SEQRA review and no further review is required.
ROLL CALL:
Councilwoman Ciardi absent
Councilman Coleman aye
Councilwoman Dindial aye
Councilwoman Smiseth aye
Town Supervisor Enouen aye 4-0 aye, motion carried
Ciardi- absent
RESOLUTIONS:
APPOINTMENTS TO THE PLANNING BOARD:
The Board discussed appointing Hans Fetscherin to the vacancy but he must resign from the ZBA prior to being appointed to the Planning Board. The appointment was tabled.
SCHEDULING A PUBLIC HEARING:
Resolution # 312-2024:
Motion: Supervisor Enouen
Second: Councilman Coleman
Discussion: Supervisor Enouen stated that Ulster County reached out and would like to apply for restore NY grant for this project. One of the requirements is to hold a public hearing and an official letter of support.
WHEREAS the County of Ulster is eligible for grant funding under the Restore NY Communities Initiative Municipal Grant Program; and WHEREAS the County of Ulster has considered proposals that qualify for funding under the program and selected one Project to be included in an application to Empire State Development Corporation: The Granary Project, located at Towpath and Granite Road, Accord, NY 12404, rehabilitation of an historic feed mill and surrounding structures that are vacant and deteriorated, into a commercial property including an inn, ; and WHEREAS the grant application requires approval and endorsement of the Project by the local governing body of the municipality in which the project is located as a condition of application approval; THEREFORE BE IT RESOLVED, The Town Board of the Town of Rochester hereby calls for a Public Hearing on seeking funding for the Granary project , on 12/12/2024 at 6:30pm. At the Harold Lipton Community Center and requests the Town Clerk to circulate notice.
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
ADOPTION OF LOCAL LAW 5 of 2024 SUBDIVISION:
Resolution # 313-2024:
Motion:Councilwoman Smiseth
Second: Supervisor Enouen
The Town of Rochester Town Board renames Local Law 12-2023, a local law amending §125, Subdivison of the Town of Rochester, to Local Law 5 of 2024 and adopts same, and requests the Town Clerk file notice of adoption with the NY Department of State, Ulster County Planning Board, Town of Rochester Code Enforcement and Planning Board, and publish the notice in the Environmental Notice Bulletin.
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
ADOPTION OF LOCAL LAW 6-2024 ZONING CODE:
Resolution # 314 -2024:
Motion:Councilman Coleman
Second: Councilwoman Smiseth
The Town of Rochester Town Board renames Local Law J-2024, a local law amending §140, Zoning of the Code of the Town of Rochester, to Local Law 6 of 2024 and adopts same, and requests the Town Clerk file notice of adoption with the NY Department of State, Ulster County Planning Board, Town of Rochester Code Enforcement and Planning Board, and publish the notice in the Environmental Notice Bulletin.
ROLL CALL:
Councilwoman Ciardi absent
Councilman Coleman aye
Councilwoman Dindial aye
Councilwoman Smiseth aye
Town Supervisor Enouen aye
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
ADOPTION OF LOCAL LAW 7-2024 ZONING MAP:
Resolution # 315 -2024:
Motion:Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board renames Local Law K-2024, a local law amending the Zoning Map of the Town of Rochester, to Local Law 7 of 2024 and renames the appendices: Appendix A, Zoning Map; Appendix A1, Zoning Map Floodplain Overlay District; Appendix A2, Aquifer Protection Overlay District; Appendix A3, Economic Enterprise Overlay District; Appendix A4, Historic Preservation Overlay District and adopts same, and requests the Town Clerk file notice of adoption with the NY Department of State, Ulster County Planning Board, Town of Rochester Code Enforcement and Planning Board, and publish the notice in the Environmental Notice Bulletin.
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
ADOPTION OF LOCAL LAW 8-2024: ZONING:
Resolution # 316 -2024:
Motion: Councilwoman Dindial
Second: Coyncilwoman Smiseth
The Town of Rochester Town Board renames Local Law F of 2024, a local law amending §140, Zoning of the Code of the Town of Rochester, to Local Law 8 of 2024 and adopts same, and requests the Town Clerk file notice of adoption with the NY Department of State, Ulster County Planning Board, Town of Rochester Code Enforcement and Planning Board, and publish the notice in the Environmental Notice Bulletin.
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
ADOPTION OF LOCAL LAW 9-2024 TAX CAP OVERRIDE:
Resolution # 317-2024:
Motion:Supervisor Enouen
Second: Councilman Coleman
The Town of Rochester Town Board renames Local Law L of 2024,Tax Cap override for the town fiscal year 2025 to Local Law 9 of 2024 and requests the Town Clerk file such law with the New York State Department of State.
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
AUTHORIZING SUPERVISOR TO SIGN FUNDING APPLICATION FOR YOUTH PROGRAMS:
Resolution # 318-2024:
Motion: Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board Authorizes the Town Supervisor to sign and submit the New York State Office of Children and Family Services program application for Youth Development Funding for the 2025 Program Year, as prepared and presented by Recreation Director Ashley Sweeney
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
2025 RACE TRACK SCHEDULE:
Resolution # 319 -2024:
Motion: Councilwoman Smiseth
Second: Councilwoman Dindial
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 2025 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 5 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 2025 occurred.
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
AUTHORIZING THE SUPERVISOR TO SIGN CONTRACT- RENEWAL OF MEDICARE INSURANCE:
Resolution # 320 -2024:
Motion: Supervisor Enouen
Second: Councilwoman Smiseth
Upon recommendation of the Town Supervisor, the Town of Rochester Town Board accepts the MVP Health Care Medicare Rate Quote Triple Offering for the USA Care PPO option in the amount of $462.90 (up from $374.57) per month per retiree, effective January 1, 2025 through December 31, 2025, as presented Marshall and Sterling Group Benefits, and authorizes the Town Supervisor to sign the agreement.
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
DISCUSSION AND POSSIBLE RESOLUTIONS:
AMBULANCE IMPROVEMENT DISTRICT DISCUSSION:
Supervisor Enouen and Councilwoman Smiseth gave a brief overview of the meeting with KAFAS representatives. It was agreed to give 3 payments to Rochester Ambulance district and the forth quarter payment will go towards 2025 budget.
BUDGET DISCUSSION:
SCHEDULE SPECIAL MEETING:
Resolution # 321-2024:
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town of Rochester Town board schedules a special meeting on 11/19/2024 at 6:00pm at the Harold Lipton Community Center, 15 Tobacco Road Accord , New York 12404 and requests the Town Clerk to circulate notice.
Aye: 4 nay: 0 abstain: 0 motion carried
Ciardi absent
ADJOURNMENT:
Motion: Supervisor Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board adjourns the meeting at 8:23pm in the memory of;
SALVATORE GIAMBRUNO
JAXON LOCKWOOD motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK