Town of Rochester Town Board held the Regular Meeting January 6, 2022 at 6:30pm
Virtual on Zoom
To Participate in the Meeting
https://us02web.zoom.us/j/88452237557?pwd=TXFWODdZeDAvcmVCR0ZQazFaS2NuUT09
Dialin Number: 929 205 6099 Meeting ID: 884 5223 7557 Passscode: 289553
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
PRESENT:
Councilman Michael Coleman Councilwoman Erin Enouen
Councilman Adam Paddock Councilwoman Charlotte Smiseth
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Attorney Marylou Christiana
Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the flag.
AMENDING THE AGENDA:
Resolution # 71-2022:
A Motion was made by Supervisor Baden to amend the agenda to include the adoption of the Agenda
Second: Councilwoman Enouen
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
ACCEPTING THE AGENDA:
Resolution # 72-2022:
A Motion was made by Supervisor Baden to accept the agenda as presented by the Supervisor.
Second: Councilman Paddock
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
SUPERVISOR’S REPORT: – December 2021 report – Filed with the Town Clerk
December 2021 Financials
Total Revenue December 2021
General Fund $ 134,305.84
Highway Fund $ 334,792.80
Expenditures
Abstract 12-2021
General Fund $ 110,112.33
Highway Fund $ 40,469.81
Street Lighting Fund $ 0.00
Escrow Account $ 12,170.10
Total Expenditures December 2021
General Fund $ 231,055.65
Highway Fund $ 135,389.73
Street Lighting Fund $ 0.00
Escrow Account $ 12,170.10
ATTORNEY FOR THE TOWN REPORT:
– Working on the Hoots & Catalpa Lane appeal
– Doing a training with the Planning Board at the workshop meeting
– Working with the Planning Board on applications, they have a lot before them at this time
– Other topics will be discussed later in the meeting
TOWN CLERK/ TAX COLLECTOR REPORT:
For the month of December is $ 48,480.35
Tax Bills are out and we are up to $ 498,088.80
HIGHWAY SUPERINTENDENT REPORT:
There is a request for purchase in the resolutions.
SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:
Monthly Correspondence:
– Assessor Aide job description
– Calculation for PILOT agreement with Inness.
– Quarterly training report for Planning and ZBA members
COVID-19 report
– Currently there are 3,892 active cases in Ulster County, 102 in the Town of Rochester. With a total of 27,343 cases in Ulster County and 805 in the Town of Rochester approximately 11%.
NY Rising – Alligerville Firehouse update: making progress working on getting the slab poured in the near future for the equipment bay. Hoping to be complete by summer.
2022 Ulster County Municipal Tax Rates: The Town of Rochester is the lowest tax jurisdiction in Ulster County. Our General tax rate is 55.9 cents per 1,000 and Highway tax rate is $ 1.48 per 1,000. Great job by the Town Board for making this happen.
NYS Ag & Markets Dog Control Inspection Report: report from Agriculture and Markets rated the Dog Kennel and paper work that our Dog Control officer conducts as satisfactory ( which is the highest rating you can receive). Great job Jill.
Grants Reports: currently we have 3 in the process
– NYRising: Alligerville Firehouse
– Local records management grant : code enforcement/ building dept.
– Boice Mill Road Bridge: 95 % funded by DOT
DEPT. UPDATES/ LIAISON REPORTS:
Councilwoman Enouen: CEO: 88 applications have been submitted for the short term rentals. ZBA: end of the year report: 6 applicationes for area variances, 1 use variance. 6 were granted, 1 was denied and the use variance was withdrawn. There is a vacancy on the ZBA. Library memberships should be made available this week.
Councilman Paddock: Constabulary:
Court is mostly open. The Constabulary answered 19 direct calls for service and other duties in
December of 2021.
These included:
• 9 Neighbor to Neighbor and Quality of Life Complaints
• 3 Resident Traffic Complaints (Whitfield Rd., Mettacahonts Rd., and Samsonville Rd.)
• 1 Environmental Complaints, (Store Rd.)
• 8 New Building Department Violations
• 3 New Court Cases Opened
• 7 Court Proceedings Remain Open
• 2 Court Proceedings Closed
Interesting Occurrences:
The last month in 2021 was busier than last month. Traffic, both speed and parking complaints along
town roads have remained constant. Garbage complaints have increased on some roads and decreased on
others. Garbage dumping complaints on resident’s properties have increased. Neighbor to neighbor
complaints have remained steady. Noise complaints including those regarding barking dogs have
increased. As always, due to the COVID-19 pandemic and the rise of its variants, we continue to have
limited direct contact with complainants with a proportional increase in direct phone calls.
We wish everyone a Healthy and Safe New Year. Winter weather is here! Please be safe and careful
driving during inclement weather.
Recreation Dept: December coat drive was a success! Remaining coats went to Kerhonkson School to add to their coat drive. 12/10: the youth Holiday party had a great turnout and the Sue Matson distinguished youth award was presented to Emma Post. 12/17: the Pancake Palooza had 50 sign ups. The Basketball program is in full swing and is a great program! The mary Lee friend of youth award will be presented in January. 1/21/22: Bus trip to the casinos, sign up at the rec dept.
Councilman Coleman: looking forward to working with the fire company and KAFAS.
Councilwoman Smiseth: Housing reports: looking forward to reaching out to the County members for reports.
TOWN BOARD MEMBER TIME:
Councilman Coleman: Thank you to the outgoing Board members Chris and Bea. There is a tremendous amount of work that goes into these positions. Thank you to Lynn and Paul for their dedication as well. Anyone that ever needs to reach out to me I will make myself available to talk and listen.
Councilwoman Smiseth: Big thank you to the Town Board for being virtual now since I am in high risk group with being 5 months pregnant. I too can be reached at the Rondout Valley Food Pantry.
Councilwoman Enouen: Welcome new board members. I would like us to schedule training with our HR Rep and new employees to review the employment practices manual. We have a number of new employees that have yet to receive the review. We can possibly record it for future employees as well.
PUBLIC COMMENT:
Written Comment:
This is to clear the record regarding Councilwoman Bea Haugen Depuy’s slander spoken during the 28 December 2021 Audit meeting. Ms. Haugen Depuy repeated a baseless 20-plus year old rumor alleging the undersigned illegally grew marijuana while living in the Town of Rochester. That is patently false.
It should also be noted for the record that Ms. Haugen Depuy stated she had joined others in town ignoring breaches of the law/code which is particularly egregious coming from such a long time serving ZBA member.
The fact remains, Ms. Haugen Depuy continues to use rumor, innuendo and outright lies to “kill the messenger” so to speak whenever HER conduct is reported upon. She REFUSES to take responsibility for HER questionable actions involving an unauthorized transfer of $86,000 of taxpayer money to her cousin when she was Senior Account Clerk for the Town of Wawarsing as per a NYS Comptroller report. [*1]
Ms. Haugen Depuy, a sitting Town Board member, slandered me. I request that it be stricken from the written record and this correction be read into the record to assure clarity.
Steven L. Fornal
RESOLUTIONS:
AMENDING RESOLUTION # 11-2022: 2022 DESIGNATED TOWN HOLIDAYS:
Resolution # 73-2022:
A Motion was made by Supervisor Baden to amend resolution # 11-2022 making Juneteenth a permanent Holiday.
Second: Councilman Paddock
Discussion: Supervisor Baden stated in talking with the IBEW Rep. to receive a memorandum of agreement to the contract it was asked if this was a permanent designated Town holiday.
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
AMENDING RESOLUTION # 357- PAYMENT OF HIGHWAY FUND ABSTRACT 12-2021:
Resolution # 74-2022:
A Motion was made by Supervisor Baden that The Town Board amends Resolution # 357-2021, and approves the payment of Highway Fund Abstract 11-2021 in the amount of $40,469.81.
Second:Councilman Paddock
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
AMENDING RESOLUTION # 357 -2021 PAYMENT OF ESCROW FUND ABSTRACT 12-2021:
Resolution # 75-2022:
A Motion was made by Supervisor Baden that The Town Board amends Resolution # 357-2021, and approves the payment of Escrow Fund Abstract 12-2021 in the amount of $12,170.10.
Second: Councilwoman Enouen
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
ACTION ON MINUTES:
Resolution # 76-2022:
A Motion was made by Councilman Paddock that The Town of Rochester Town Board accepts the minutes of the December 2, 2021 Regular Meeting, December 15, 2021 Special Meeting, and December 28, 2021 Audit/Workshop meeting.
Second: Councilwoman Smiseth
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
ACCEPTANCE OF DONATIONS:
Resolution # 77-2022:
A Motion was made by Councilwoman Enouen the The Town of Rochester Town Board accepts donations of $102.26, $55.69. and $113.22 from St. Pauly’s Textile, Inc.
Second: Councilwoman Smiseth
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
ACCEPTANCE OF DONATIONS:
Resolution # 78-2022:
A Motion was made by Councilwoman Enouen that The Town of Rochester Town Board accepts cash donations of $300 from Zach Kleinhandler and $35 from various sources for the Senior Pancake Palooza event.
Second: Councilman Paddock
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
SCHEDULING INTERVIEWS OF PROSPECTIVE BOARDS AND COMMISSIONS CANDIDATES:
Resolution # 79-2022:
A Motion was made by Councilwoman Smiseth that The Town of Rochester Town Board requests the Town Supervisor extend invitation to prosepective candidates who have requested consideration for appointment to various Boards and Commissions to be held at the Town Board Workshop beginning at 6:30pm Wednesday January 19, 2022 meeting at either the Harold Lipton Community Center or virtually, pending extension of the Governor’s Executive Order suspending Open Meetings Laws due to the COVID pandemic.
Second: Councilwoman Enouen
Currently there are a number of vacancies on the HPC and Recreation commission, 1 vacancy on the ZBA, ECC & Planning Board.
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
AUTHORIZATION TO SIGN A CONTRACT:
Resolution # 80-2022:
A Motion was made by Councilman Paddock that The Town of Rochester Town Board authorizes the Town Supervisor to sign a contract renewal between Peak Power Systems, 99 Sprague Avenue, Middletown, NY 10940 and the Town of Rochester, 50 Scenic Road, Accord, New York 12404 for the term of service March 1, 2022 – February 28, 2023 and authorizes payment in the amount of $495.72 for one year renewal of generator service maintenance at the Harold Lipton Community Center.
Second: Councilwoman Smiseth
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
AUTHORIZATION TO SIGN A CONTRACT:
Resolution # 81-2022:
A Motion was made by Councilwoman Enouen that The Town of Rochester Town Board authorizes the Town Supervisor to sign a contract between ADP, One ADP Boulevard, Roseland, NJ 07068 and the Town of Rochester, 50 Scenic Road, Accord, New York 12404 in the amount of $6,211.90 annually and $250 implementation and setup fee in accordance with the terms set forth in the Global Master Services Agreement and the applicable Sales Order for the following services:
ADP Payroll Services – delivered via ADP Workforce Now • ADP Marketplace • Employment Verification Services • ESS & MSS Technology
Second:Councilman Coleman
Discussion : Attorney Christiana asked that they amend the resolution to show that this is replacing the signed contract from November.
AMENDING RESOLUTION # 81-2022:
A Motion was made by Councilwoman Enouen and seconded by Councilman Coleman to amend resolution # 81-2022 to read as follows;
The Town of Rochester Town Board authorizes the Town Supervisor to sign a contract between ADP, One ADP Boulevard, Roseland, NJ 07068 and the Town of Rochester, 50 Scenic Road, Accord, New York 12404 in the amount of $6,211.90 annually and $250 implementation and setup fee in accordance with the terms set forth in the Global Master Services Agreement and the applicable Sales Order for the following services:
ADP Payroll Services – delivered via ADP Workforce Now • ADP Marketplace • Employment Verification Services • ESS & MSS Technology. This contract replaces the contract signed by Supervisor Baden on November 18, 2021.
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
FINAL ADOPTION OF RESOLUTION # 81-2022:
A Motion was made by Councilwoman Enouen that The Town of Rochester Town Board authorizes the Town Supervisor to sign a contract between ADP, One ADP Boulevard, Roseland, NJ 07068 and the Town of Rochester, 50 Scenic Road, Accord, New York 12404 in the amount of $6,211.90 annually and $250 implementation and setup fee in accordance with the terms set forth in the Global Master Services Agreement and the applicable Sales Order for the following services:
ADP Payroll Services – delivered via ADP Workforce Now • ADP Marketplace • Employment Verification Services • ESS & MSS Technology. This contract replaces the contract signed by Supervisor Baden on November 18, 2021.
Second: Councilman Coleman
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
AUTHORIZATION TO PURCHASE:
Resolution # 82-2022:
A Motion was made by Supervisor Baden that The Town of Rochester Town Board authorizes the Highway Superintendent to purchase a 4-Ton Falcon RME Asphalt Hot Patcher Dump Trailer from McGrath Municipal Equipment, LLC, PO Box 422, Springfield, NJ 07081 in the amount of $32,091. Such purchase to include operation, parts and service manuals, 3 year end to end warranty, 5 year combustion chamber – box burner warranty, lifetime frame warranty, and delivery to Accord, NY with training included. This purchase quote is made via NYS OGS Contract, Heavy Equipment.
The purchase is eligible for 2022 CHIPS reimbursement of funding.
Second: Councilman Paddock
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
DISCUSSION ITEMS:
Code Enforcement and Building Department 2022 fee schedule – Fire & Safety Inspections:
Attorney Christiana discussed the definition of public assembly, the recommendation from the NYS law. It was recommended to keep things the way they are until further guidance is made available.
Request for Cliff Road Open Development designation – SBL 68.2-2-12:
Attorney Christiana stated that this particular road is difficult because it is so narrow and the town owns part of it and the other half is private. Over the years some residents wanted the town to take it over while others wanted it to remain private, there never was a full agreement. The Application is still not complete; the town should have both the Highway Superintendent and Fire Department Chief look at the road and determine whether it is passable for emergency vehicles. A Road Maintenance agreement should be required but don’t know if that is possible.
The Board agreed that prior to designation of making this open development the road needs to be signed off on by the Fire Chief.
Attorney Christiana is also going to speak with a representative from Cliff Road to discuss questions & concerns.
2022 Short Term Rental cap of available new permits:
Supervisor Baden stated that currently there are 88 applications that have been submitted to the Code Enforcement office. When the Board was working on the the Short term rental law we were estimating 200 homes approximately.
Councilwoman Enouen stated that we were looking at approximately 3 % when we were discussing the proposed law. I would like us to set the cap very soon. And ge the accurate figures from the Assessor.
Councilman Coleman also addressed the concerns a lot of people had during the drafting of the law were that they were not going to conform with the drafting of the law as written and there was discussion about tentr and changing the campsite law to accommodate for structure that weren’t up to new York State fire code but might potentially be rentals you want to make sure that if that’s work that still needs to be done and we prioritize that as well because if there were people relying on that income for certain structures.
Supervisor Baden stated that those don’t qualify for short-term rentals so its understood but a separate issue that would require us to redo the zoning code to address that. The gentleman that started tentr has reached out to help assist us through a process of trying to come up with something that would work for both us and them. It’s a very valid point but don’t want to confuse the two issues.
It was agreed that Supervisor Baden would check with the Assessor on the exact number of household units in the Town of Rochester before a final determination is made.
ARPA Funding Projects:
Funding has been used for purchase of the Playground Equipment and installation, premium pay for Town employees, money to the rescue squad to offset their budgets.
Attorney Christiana is still waiting on guidance from the Comptroller on elected officials receiving premium pay.
Town Board Discussion – 2022 Goals and Projects:
The Board discussed upcoming projects and goals:
BridgeNY grant- Boice Mill Road
Alligerville Firehouse project
Records management grant- building dept. files
OSI- work to the rail trail
Maybrook lodge – walnut brook will be coming before the board again
The granary project will be coming before the board
Building /condition plans & Town hall site location
Form committees for housing, agricultural, climate smart
Updating the Town website
Work on increasing communication between employees, residents, and elected officials
Housing issues within the County and Town
Infrastructure projects
Feasibility study for water and sewer in the hamlet of accord
EMS district and/or funding
Policy on hiring process for the Town
Reconstruction of the baseball filed at the town park
ZRC proposed changes/amendments
Ways to get new residents and long term residents together
Supervisor Baden stated the meeting will be adjourned in the memory of;
Patrick A. Dennin
Nelson DeGondea
Robert G. Lyons
Christopher Richard Charles VanTassell
David Wayne Seymour, Sr.
Sandra J. Simpson
Bonnie Irene (Landon) Damon
Joseph G. Kraft
All suffering worldwide from the COVID-19 virus
EXECUTIVE SESSION:
A Motion was made by Supervisor Baden to enter into executive session at 8:44pm for the purpose of discussing and employees vacation time and a position regarding a town employee.
Second: Councilwoman Enouen
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
A Motion was made by Councilwoman Smiseth to reconvene the meeting at 9:17pm with no action taken nor monies expended.
Second: Councilwoman Enouen
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
AUTHORIZATION TO PAY EXCESS VACATION TIME:
Resolution # 83-2022:
A Motion was made by Councilman Paddock to pay 2 employees excess vacation time above the carryover limit in amount of;
Employee A 10.22 hours
Employee B 78.8 hours
At a rate of 2021 rate of pay.
Second: Councilwoman Smiseth
AMENDMENT TO RESOLUTION # 83-2022:
A Motion was made by Councilman Paddock and seconded by Councilwoman Smiseth to amend resolution # 83-2022 to read as follows;
To pay 2 employees excess vacation time above the carryover limit in amount of; Employee A 10.22 hours & Employee B 78.8 hours at a rate of 2021 rate of pay schedule for the 2021 year.
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
AUTHORIZATION TO PAY EXCESS VACATION TIME:
Resolution # 83-2022:
AMENDMENT TO RESOLUTION # 83-2022:
A Motion was made by Councilman Paddock to pay 2 employees excess vacation time above the carryover limit in amount of; Employee A 10.22 hours & Employee B 78.8 hours at a rate of 2021 rate of pay schedule for the 2021 year.
Second: Councilwoman Enouen
ROLL CALL:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye motion carried
ADJOURNMENT:
A Motion was made by Councilwoman Enouen to adjourn the meeting at 9:19pm.
Second: Councilwoman Smiseth motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK