Town Board Regular Meeting – August 2022

Town of Rochester Town Board held the Regular Meeting on August 2, 2022 at 6:35pm immediately following public hearing at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY
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
Town Supervisor Michael Baden Town Clerk Kathleen Gundberg
Town Attorney Marylou Christiana

ACCEPTANCE OF AGENDA:
Resolution # 327-2022:

A Motion was made by Councilwoman Enouen that the Town Board accepts the agenda, as prepared by the Town Supervisor with the addition of adding contract of CTmale and ZBA Alternate position.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

ATTORNEY FOR THE TOWN:

There will be an executive session later to discuss items Town Attorney Christiana has been working on.

TOWN CLERK/ TAX COLLECTOR REPORT:
The Monthly report for July has not been finalized

RESIGNATION:

Resignation was received from Timothy Hurley- Confidential Secretary & Bookkeeping

HIGHWAY SUPERINTENDENT REPORT:

Working on gathering CHIPs refund that is due 8/15.

I. Supervisor’s Financial Report
• July 2022 report – Filed with the Town Clerk

July 2022 Financials
Revenue July 2022
General Fund $ 84,929.66
Highway Fund $ 8,089.12

Expenditures
Abstract 7-2022
General Fund $ 77,633.92
Highway Fund $ 149,255.38
Street Lighting Fund $ 2,035.60
Escrow Fund $ 12,384.73

Total Expenditures July 2022
General Fund $ 158,253.68
Highway Fund $ 200,450.54
Street Lighting Fund $ 2,035.60
Escrow Fund $ 12,384.73


SUPERVISOR’S UPDATE:
COVID-19 report: 127 active cases in Ulster County with a total of 393 fatalities. The Town of Rochetser has 5 active cases, 1,454 confirmed with 8 fatalities.

Grant Updates:
NY Rising – Alligerville Firehouse: on tract to finish within the the time frame expected.
Harold Lipton Community Center: finally closed out on Engineer vouchers
BridgeNY – Boice Mill Road Bridge: HVAA responded back and preparing the scope of services.
LGRMIF – Building Dept./Code Enforcement record conversion: records are still off site being digitized.
JCAP – Courthouse bathroom ADA compliance reconstruction: will look to see if we can receive an extension.
O&W Trail – Ulster County/OSI project: our project has been delayed until spring
ARPA Funding: second payment has been received. We will discuss further in the meeting.
Ulster County updates: the legislature adopted additional sales tax funding for 2021.
Upcoming Public Hearings: August 25, 2022 6:00pm: proposed local law J-N will be presented
2023 get: budget worksheets will go out at the end of August

DEPT. UPDATES/ LISISON REPORTS:

Councilwoman Smiseth: Housing Committee: we are receiving emails of those interested in joining the committee. The new eldercare program forms are starting to be distributed.
Councilwoman Enouen: Planning Board: welcome Chair Psaras to the Planning Board. The Board discussed recommended code changes by the Town Board and made comments.
ECC: I was only able to attend part of the meeting but the ECC is part of promoting back yard national project. Nexamp is working on getting the pollinator garden projects. Transfer Station: electrical work is beginning tomorrow. We still have a hiring position available.
Councilman Paddock: Recreation Dept.: positive feedback has been received from the first session of Summer program. 7/25 children’s paint class has 15 attendees. An adult paint class is scheduled for August. The Recreation Dept. had a boothe at the Farm and Barn day event on 7/23.
Constabulary: The Constabulary answered 26 direct calls for service and other duties in July of 2022.
These included:
• 21 Neighbor to Neighbor and Quality of Life Complaints
• 5 Resident Traffic Complaints (Upper Cherrytown Rd, Cherrytown Rd, Whitfield
Rd.,Mettacahonts Rd., Lower Whitfield Rd. )
• 4 Environmental Complaints, (Whitfield Rd. Rochester Ctr Rd., Cherrytown Rd., Upper
Cherrytown RD.)
• 7 New Building Department Violations
• 0 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
This month due to the Independence Day holiday there were many complaints generated by fireworks
and their noises including one where commercial fireworks were being used in a residential
neighborhood in close proximity to other homes. We handled them all, rectified the dangerous conditions
and no injuries were suffered. Traffic complaints are again up including increased numbers of
complaints regarding traffic volume, speeds and erratic operation of vehicles on town roads. Short Term
Rental properties continue to generate complaints including trespassing, loud noises, road/driveway
blockages and garbage dumping. We continue to work with the building department on those issues. At
the “Deep Hole” swimming hole we have had several complaints regarding large fires on the property.
The parking alongside the area has become even more crowded with vehicles parked unsafely along the
roadway and in the Fire department draft area. We continue to rectify the situation each time. It is
ongoing. Neighbor to neighbor complaints have decreased this month and all have been defused without
further action necessary.
Councilman Coleman: ZBA: Welcomed new chair Zurofsky. 1 application is being considered. The Board approved some conditions. Mr. Haugen has been named vice chair. Spectrum: nothing new. EMS: Marbletown quarterly report submitted. Working on finalizing KAFAS contract.
Town Clerk Gundberg: HPC: working on Historic preservation awards for residents in the Town that meet the criteria. The awards will be presented at Heritage Day. Farm and Barn day held 7/23 was a success. The weather was hot and we had to postpone the Historic Farmstead bus tour until 9/17.
Supervisor Baden: Assessor: was out of the office this week. Spectrum: advisory broadband commission to address cellular, broadband and all types of connectivity.

TOWN BOARD MEMBER TIME:

Councilwoman Enouen gave a brief update of the information session held regarding the proposed zoning changes. We held a power point presentation , people were eager to learn and we plan to hold the next session on 8/21/22.

PUBLIC COMMENT PERIOD:

Bea Haugen-Depuy: clarified with the Town Board the amount of monies received from ARPA funding. Ms. Depuy also asked where it states that in order to receive the ARPA money a contract is required? It is requested that meetings where the tax payer is affected public comment should be allowed and have a voice. Having read the proposed contract with the rescue squad I don’t see where the Town Board has the right to instruct the Fire Co. and First Aid squad how to dress. It’s uncalled for.What is the Town going to do about the buses at 350 Cherrytown Road? We need to work with law enforcement to stop traffic mess.

Shirly Avery: what is the hold up with giving the ARPA money to the rescue squad.

Supervisor Baden answered the questions asked during public comment.

ACTION ON MINUTES:
Resolution # 328-2022:

A Motion was made by Supervisor Baden that the Town of Rochester Town Board accepts the minutes of the July 7 Public Hearings, July 7 Business Meeting, July 20 Workshop Meeting, July 27 Audit Meeting, and July 27 Public Hearings as amended.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTANCE OF DONATION:
Resolution # 329-2022:

A Motion was made by Councilwoman Smiseth that the Town of Rochester Town Board accepts donation of $80.35 from St. Pauly Textile.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

APPOINTMENT TO RECREATION COMMISSION:
Resolution # 330-2022;

A Motion was made by Councilman Paddock that the Town of Rochester Town Board appoints Cynthia Lampman to the Recreation Commission, for a term to end December 31, 2024, subject to satisfactory completion of the required background check. The Town Clerk is requested to notify the requirement of the Oath of Office.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried

CHANGE IN EMPLOYMENT STATUS:
Resolution # 331-2022:

A Motion was made by Councilman Paddock that the Town of Rochester Town Board authorizes the Supervisor to change the job title for Marc Cathcart and Walter Miller to Constable (provisional), having attained 520 hours of employment removing the probationary status. Their respective hourly rate of compensation is increased to $15.50 per hour, retroactive to having attained 520 hours of employment hours.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING SIGNATURE OF SHARED SERVICES AGREEMENT:
Resolution # 332-2022:

A Motion was made by Supervisor Baden that the Town of Rochester Town Board authorizes the Town Supervisor to sign the shared services agreement between the Town of Rochester Highway Department and the Town of Rosendale Highway Department effective 8/2/2022.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING USE OF ARPA FUNDING:
Resolution # 333-2022:

A Motion was made by Councilman Paddock that the Town of Rochester Town Board authorizes the Town Supervisor to utilize $40,000 of American Rescue Funding to be deposited in the Highway Fund to assist in unbudgeted expenditure overages of fuel costs for 2022. This shall be categorized in the “revenue loss” category of funding.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried

SEQRA REVIEW:

The Town Board reviewed parts 2 and 3 of SEQRA.

SEQRA PART 2 & 3:
Resolution # 334-2022:

A Motion was made by Sueprvisor Baden that Local Law # 6 -2022 be listed as unlisted action under SEQRA review.
Second: Councilwoman Enouen

ROLL CALL:

Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 5-0aye, motion carried

DETERMINATION OF IMPACT:
Resolution # 335-2022:

A Motion was made by Councilman Paddock that based on the information and analysis the proposed action will not result in any significant adverse environmental impacts.
Second: Councilwoman Enouen

ROLL CALL:

Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 5-0aye, motion carried

DISCUSSION ITEMS:

KAFAS 2022 CONTRACT:

We are working on resolving the few differences they have. We will be meeting with Town Attorney, Councilman Coleman, Supervisor Baden and KAFAS representatives.

LOCAL LAW # 6-2022: AMENDING CHAPTER 132 VEHICLE AND TRAFFIC:
Resolution # 336-2022:

A Motion was made by Councilman Paddock that the Town Board approve Local Law # 6-2022: Amending Chapter 132 of the vehicle and traffic of the code of the Town of Rochester.
Second: Councilwoman Smiseth.
Aye: 5 nay: 0 abstain: 0 motion carried

LOCAL LAW 6-2022: AMENDMENTS:

Supervisor Baden presented modifications to Chapter 132 to allow for the issuance of paper parking tickets on 132.2 Summons. Another modification would be vehicle weight modification permanently exclude trucks from traveling on Clay Hill Road.

ZONING LAWS UPDATE:

After a brief discussion the Board agreed that not enough feedback has been given by the public and would continue to hold the public hearings open until all the proposed laws have had public hearings.

HIGHWAY SEALED BIDS- RADIO CONTRACT:

Two bids were received.

GooseTown: $ 940 month new equipment for total of $ 56,400
$ 805 month refurbished equipment for total of $ 48,300

NYCOMCO: $ 859 month new equipment for 60 months
$ 730 month refurbished equipment for 60 months

AWARDING OF THE HIGHWAY RADIO CONTRACT:
Resolution # 337-2022:

A Motion was made by Supervisor Baden to accept NYCOMCO bid for certified refurbished equipment.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried

HOUSING COMMITTEE:

The Board has received 7 emails so far and will invite them for personal intervies.

LAND USE LEADERSHIP ALLIANCE 2022:
Resolution # 338-2022:

A Motion was made by Supervisor Baden that the Town Board seek members of the ECC, Planning Board, Town Board and a Town resident to participate in the land use leadership alliance.
Second: Councilman Coleman
Aye: 4 nay: 0 abstain: 1- Enouen motion carried

2023 MEDICAL AND DENTAL INSURANCE CONTRACT:

Supervisor Baden stated that he was presented with a proposal for a 5 % increase.

PEACE OFFICER ACADEMY REQUEST:
Reesolution # 339 -2022:

A Motion was made by Councilman Paddock allowing Constable Miller the ability to schedule Academy training with a minimum of 7 recruits to begin on 9/19/22.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried

ZBA ALTERNATE POSITION:

Supervisor Baden will send email to those interested in the position.

The Meeting will adjourn in memorium of the following;
Lori Nesbitt
Frederick Wiedemann Jr.
Zenaida Acevedo
Robert Ildefonso
The people of Ukraine
All suffering worldwide from the COVID-19 virus

EXECUTIVE SESSION:

A Motion was made by Councilwoman Enouen to enter into executive session at 8:24pm for the purposes of discussion of a particular matter involving particular employees of the court.
Second: Councilman Coleman motion carried

A Motion was made by to reconvene the meeting at 9:14pm with no action taken nor monies expended.
Second: motion carried

ADJOURMENT:

A Motion was made by Council to adjourn the meeting at 9:15pm
Second: motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK