The Town of Rochester Town Board held the Regular Meeting on January 4, 2024 immediately following the Organizational Meeting 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
Councilwoman Erin Enouen Councilwoman Charlotte Smieth
Town Clerk Kathleen Gundberg Town Attorney Marylou Christiana
RESOLUTIONS:
ACCEPTANCE OF AGENDA:
Resolution # 84-2024:
Motion: Councilwoman Smiseth
Second: Councilwoman Enouen
The Town Board accepts the agenda, as prepared by the Town Supervisor with an added resolution of a request for a proposal from the Highway Superintendent and an executive session to discuss the appointment of a particular employee.
Aye: 5 nay: 0 abstain: 0 motion carried
SUPERVISOR’S FINANCIAL REPORT:
November – Filed with the Town Clerk
December 2023 Financials
Revenue December 2023
General Fund $ 328,022.74
Highway Fund $ 144,297.23
Expenditures
Abstract 12-2023
General Fund $ 49,889.52
Highway Fund $ 49,797.96
Street Lighting Fund $1,153.31
Capital Fund $11,980.00
Ambulance Fund $47,675.00
Escrow Fund $2,155.00
Total Expenditures December 2023
General Fund $ 151,208.45
Highway Fund $ 114,577.52
Street Lighting Fund $ 1,153.31
Capital Fund $ 11,980.00
Ambulance Fund $ 47,675.00
Escrow Fund $ 2,155.00
SUPERVISOR’S CORRESPONDENCE REPORT:
NYS Agriculture and Market sent their Annual Report of Satisfactory in regards to our Dog Kennels. Jill and Kevin do a great job.
SUPERVISOR’S UPDATE:
Grant Updates
NY Rising – Alligerville Firehouse: The methane filters for the water have been installed, the siren controls are installed and rope has been attached to the old school bell. Big thank you to Peter Nelson and Bob Garrett for assisting in getting the work done.
BridgeNY – Boice Mill Road Bridge: nothing new to report. We held the information meeting in December most of the nieghbors came to the session.
2024 Bridge NY: we contracted with CT Male representatives to review the two bridges we are applying grant funding for.
Upcoming Meetings/Events
ATTORNEY FOR THE TOWN REPORT: finishing contract for security review. Working with Jerry and Mike in building dept. on a situation that may have to bring to Supreme Court. I will send a memo to the Board as more information comes.
TOWN CLERK/ TAX COLLECTOR REPORT: Still working on gathering December monthly reports and year end reports. Tax bills are out!
HIGHWAY SUPERINTENDENT REPORT: Snow expected this weekend, be safe!
DEPARTMENT UPDATES/ LIASION REPORTS:
Councilwoman Enouen: website: hoping to get that completed this weekend and hopefully we can schedule a meeting within the next two weeks to discuss the next steps.
Agriculture Committee: working on scheduling the first meeting.
ECC: the timid turtles of the Rondout Valley is the next 3rd Thursday nature series. 1/18 via zoom.
Human Resources: Councilwoman Smiseth and I have put together a outline for ways to help the Supervisor’s office with human resource concerns. Planning Board: meeting scheduled for 1/8: public hearing on the Accord Speedway & Dejager subdivision. Since the end of the building moratorium only one application has been submitted.
Councilman Coleman: Constabulary: The Constabulary answered 14 direct calls for service and other duties in December of 2023.
These included:
• 9 Neighbor to Neighbor and Quality of Life Complaints
• 3 Resident Traffic Complaints (Clay Hill Rd., Samsonville Rd., Lower Whitfield Rd.)
• 2 Environmental Complaints, (Queens Highway, Lower Whitfield Rd.)
• 2 New Building Department Violations
• 0 New Court Cases Opened
• 10 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
During this Holiday Month we had more neighbor to neighbor and quality of life complaints than usual,
with noise, traffic volume, parking and trespassing being the most prevalent. Short term rental
properties continue to generate significant numbers of these complaints, mainly on Holidays, Fridays and
Weekends. Dumping of household trash and other debris on town roads remains an ongoing issue. This
month all complaints have been defused without any further action necessary. We continue to monitor
the areas in which the most complaints frequently occur.
ZBA: there is still an alternate position that needs to be filled. 2 public hearings scheduled on 1/18. There are 2 ongoing applications.
Fire/ EMS: Spoke with Dave Bollin of KAFAS; still no financials yet, for the shortterm solution a previous treasurer came back to help them get caught up.
Spectrum: sent some preliminary numbers that the Board can discuss.
Councilwoman Smiseth: Recreation Dept.: Adult paint class is scheduled for 1/17 at 10am. Housing Committee: will hold their next meeting via zoom.
Eldercare: there were a lot of calls for check ins over the holidays to check in on the elderly and grandparents.
Supervisor Baden: Assessor: it is exemption season, We have two proposed local laws pertaining to tax exemptions that we will vote on later tonight.
PUBLIC COMMENT:
Meg Smith: Would like the Town Board to review resolution 30-2019 regarding the Constabulary, specifically to # 14: Civil and Criminal investigations; it’s inconsistent with the law and with law enforcement. No other towns in the county have a constabulary, we don’t need a constabulary to run a justice court. There is no transparency with this department, you can’t FOIL the information on the constabulary reports. Please look at this resolution again. Also it is illegal to have a paid employee of the Town to be appointed to a position and not be paid. You cannot have the Chief Contable as the web coordinator and not have him getting paid.
TOWN BOARD MEMBER TIME:
Supervisor Baden stated that information was inaccurate and if the Board would like him to explain further he would.
RESOLUTIONS:
ACTION ON MINUTES:
Resolution # 85-2024:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board accepts the minutes of the November 30, 2023 and December 28, 2023 Audit meetings, and December 28, 2023 Public Hearings as presented.
Aye: 4 nay: 0 abstain: 1-dindial motion carried
ACCEPTANCE OF DONATION:
Resolution # 86 -2024:
Motion: Councilwoman Smiseth
Second: Councilwoman Enouen
The Town of Rochester Town Board accepts donation of $ 400.00 from Arlene Levine for the holiday brunch, $ 63.00 cash donations from the holiday brunch and $ 199.03 from St. Paulies textile.
Aye: 5 nay: 0 abstain: 0 motion carried
APPROVAL OF LOAN:
Resolution # 87 -2024:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
Pursuant to General Municipal Law 9-a, the Town of Rochester Town Board authorizes the Supervisor to cause a loan to be made by the General Fund to the Highway Fund in the amount of $ 200,000.00. Said loan to be repaid in full including the monthly interest generated by the amount of the loan, as soon as the 2024 Highway Fund taxes are received and not later than February 29, 2024.
Aye: 5 nay: 0 abstain: 0 motion carried
SEQRA LOCAL LAW A-2024:
Resolution # 88-2024:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board determines Local Law A-2024 will not have a significant adverse impact on the environment and should be classified as a Type II Action under the following 6 NYCRR Part 617 criteria. No further SEQRA review is required.
617.5 (c)(26), routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment
ROLL CALL:
Councilman Coleman aye
Councilwoman Dindial aye
Councilwoman Enouen aye
Councilwoman Smiseth aye
Supervisor Baden aye
Aye: 5 nay: 0 abstain: 0 motion carried
SEQRA LOCAL LAW B-2024:
Resolution # 89-2024:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board determines Local Law B-2024 will not have a significant adverse impact on the environment and should be classified as a Type II Action under the following 6 NYCRR Part 617 criteria. No further SEQRA review is required.
617.5 (c)(26), routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment
ROLL CALL:
Councilman Coleman aye
Councilwoman Dindial aye
Councilwoman Enouen aye
Councilwoman Smiseth aye
Supervisor Baden aye
Aye: 5 nay: 0 abstain: 0 motion carried
ADOPTION OF LOCAL LAW 1-2024:
Resolution # 90-2024:
Motion: Councilwoman Smiseth
Second: Councilwoman Enouen
The Town of Rochester Town Board renames Local Law A-2024, a local law amending §128, Taxation of the Code of the Town of Rochester, to Local Law 1 of 2024 and adopts same, and requests the Town Clerk file notice of adoption with the NY Department of State.
Aye: 5 nay: 0 abstain: 0 motion carried
ADOPTION OF LOCAL LAW 2-2024:
Resolution # 91 -2024:
Motion: Councilwoman Smiseth
Second: Councilwoman Enouen
As amended the Town of Rochester Town Board renames Local Law B-2024, a local law amending §128, Taxation of the Code of the Town of Rochester, to Local Law 2 of 2024 and adopts same, and requests the Town Clerk file notice of adoption with the NY Department of State.
Aye: 5 nay: 0 abstain: 0 motion carried
DISCUSSION: POSSIBLE RESOLUTIONS:
ESTABLISH DATE AND TIME FOR BOARDS AND COMMISSIONS INTERVIEWS:
The Board discussed dates. Some will be done at the audit and some will be done at the workshop meeting.
AMBULANCE DISTRICT CONTRACTS:
Supervisor Baden asked the Board to review the contract and come to the workshop meetin with questions, comments or recommendations.
AUTHORIZATION TO ADVERTISE FOR SEALED BIDS: BUCKET TRUCK:
Resolution # 92 -2024:
Motion: Supervisor Baden
Second: Councilwoman Smiseth
The Town of Rochester Town Board authorizes the Town Supervisor to request sealed bids for a 2016 RAM 5500 2WD Bucket truck due on or before 1/19/2024 at 1:00pm subject to Attorney approval.
EXECUTIVE SESSION:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town of Rochester Town Board enters into executive session at 10:22pm for the purpose to discuss a particular employee appointment.
motion carried
Motion: Councilwoman Enouen
Second: Councilwoman Dindial
The Town of Rochester Town Board reconvene the meeting at 10:52pm with no action taken nor monies expended.
Motion carried
ADJOURNMENT IN THE MEMORY OF;
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board adjourns the meeting at 10:53pm in the memory of
Eric Goldberg
George Sheeley
Ida Tyler
Joseph Blank
Jerrie Dexter
The People of Palestine and Israel
The people of Ukraine
All suffering worldwide from the COVID-19 virus
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK