Town of Rochester Town Board held the Regular Town Board Meeting on June 1, 2023 at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road Accord, New York 12404
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
PRESENT:
Councilwoman Erin Enouen Councilman Adam Paddock
Councilwoman Charlotte Smiseth Supervisor Michael Baden
Town Clerk Kathleen Gundberg Attorney Marylou Christiana
ABSENT:
Councilman Michael Coleman
Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.
RESOLUTIONS:
ACCEPTANCE OF AGENDA:
RESOLUTION # 220-2023:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town Board accepts the agenda, as prepared by the Town Supervisor with the addition of a request from the Accord Speedway, discussion records storage building, addition to the Agriculture District and staff training.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
CORRECTION TO HIGHWAY ABSTRACT 5-2023:
RESOLUTION # 221-2023:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
Discussion: Supervisor stated that a voucher that was submitted was paid the previous month and a second voucher was a tarp for Dog control.
The Town of Rochester Town Board makes correction to the amount approved as paid in Highway Abstract 5-2023 to the new amount of $167,387.87
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
SUPERVISOR’S FINANCIAL REPORT:
Supervisor Baden stated that we officially have zero debt.
Street Lighting Fund $363.77
Ambulance Fund $0.00
Escrow Fund $8,793.79
SUPERVISOR’S UPDATE:
2023 Memorial Day: Thank you to the Rosendale Yukalali band, Siebring Haynes for playing the taps, Vinny Nigro for the sound system and all those who joined at the Veterans park for the memorial day service.
O&W Rail Trail project: OSI has picked a vendor and expecting to start work by the middle of June and hope to be completed by October.
Grant Updates:
NY Rising – Alligerville Firehouse: waiting on the water testing results.
BridgeNY – Boice Mill Road Bridge: met with HVEA engineering firm
Parking Lot striping: Thank you to Tom Pinkerous for striping the parking lot at the Community Center.
Granary EEO public hearing update: The Attorney for the applicant is going to work on the questions and comments made at the public hearing to submit to the Town Board. We will scheduld a continuation of the meeting within the next month.
Constable civil service examinations: All constables have been notified by mail of the exam that will take place in July.
Ulster County Agricultural and Farmland Protection Plan: attended the meeting on 5/5/23.
Ulster County Hazard Mitigation Plan: asking residents to fill out the survey for broadband digital inclusion survey.
ATTORNEY FOR THE TOWN REPORT:
Will discuss later.
TOWN CLERK/ TAX COLLECTOR REPORT:
Town Clerk: monthly report $ 42,021.85 collected
Tax Collection: Today was the last day to pay your taxes to the Town Clerk’s office. We collected a total of
$ 7,446,872.54 to date and expect more to come in by mail over the course of the next few days.
Again a big thank you to my deputies Christina and Courtney assisting me during this tax season.
HIGHWAY SUPERINTENDENT REPORT:
Supervisor Baden stated that work is being done to the roads. Road work was done to Schroon Hill, towpath. They are doing different types of processes on different roads to get the most value for funding. We are getting more in CHIPS then we expected. We are still waiting on the 284 agreement.
DEPT UPDATES/ LIAISON REPORTS:
Councilman Coleman- ABSENT
Councilwoman Enouen: ECC : tire pull event will be held on 6/17. Looking for residents with boats to help make this happen. 3rd Thursday series: cougars in the North East next month is community choice Agrigation. Pollenator garden to begin at the Town hall. Planning Board: 2 approvals in May Harana Market, site planupdate to stone house tavern. We have a full agenda in June, new secretary starting next week an exciting training schedule was created by the planning chair. Website: it is in the development planning stage and we hope to have a training with Supervisor, Town Clerk and myself in the next few weeks.
Councilwoman Smiseth: Housing Committee: Emily Hamilton gave a presentation. Rupco information was provided, information on ADU grants for people within the county to help make more housing stock in the county. There is a potential housing site at 11 Towpath which will be a 4 family housing if Rupco takes over. Eldercare: we are having elder-hour on 6/15 from 12:30-1:30pm, light refreshements will be served and we will have information on food pantries, office of the aging, senior exemptions, etc.
Councilman Paddock
Rec Dept: the 2022-2023 after school program will end on 6/16. It was a great success this year. Summer program will begin 7/10 and look for sign ups for the paint classes for June.
Constabulary: The Constabulary answered 18 direct calls for service and other duties in May of 2023.
These included:
• 12 Neighbor to Neighbor and Quality of Life Complaints
• 4 Resident Traffic Complaints (Upper Cherrytown Rd, Whitfield Rd., Samsonville Rd.,
Cherrytown Rd.)
• 2 Environmental Complaints, (Mettacahonts Rd, Towpath Rd.)
• 10 New Building Department Violations
• 0 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
This month, traffic complaints, including parking on town roads, have been the most common and have
increased significantly. Towpath Rd. being among the worst areas with many local resident complaints
coming in. Garbage dumping of household trash and other debris on town roads continues to be an issue.
Short term rental properties continue to generate many complaints, especially on Holidays, Fridays and
Weekends. Neighbor to neighbor complaints have increased this month and most have been defused
without further action necessary. Several others are ongoing and should be solved in short order. Our
latest multi-agency Academy class is progressing nicely and will conclude in early July.
Supervisor Baden
Assessor: Grievance Day: held 5/25, 4 in-person appointments and a total of 10 drop off applications for the BAR’s consideration, 8 stipulated agreements for a total of 22 applications received.
Requests for supporting documentation have been sent to some properties that did not supply and documentation to support the value that was requested. The BAR will meet on 6/13 to make final determinations on the cases. The State has finalized the equalization rate for the town for the 2023 roll and it is 63%. This means the assessments are at 63% of the market value of the property. We continue to work on processing sales, entering building permits, certifications of completion. We will be pulling plans in the building dept., answering calls. Assisting property owners with their questions and issues.
Town Clerk Gundberg: HPC: I was unable to attend the last two meetings but they are moving forward with the historical signs being restored. I see the one in front of the Rochester Reformed Church was being worked on. The HPC has an event planned for 6/25 at the Palentown School House, more information to follow. The HPC was given a tour by Peter Nelson of the new Alligerville Firehouse.
PUBLIC COMMENT:
Bea Haugan-Depuy: since Mr. Frey doesn’t come to meetings I’ll have to ask the Board my questions. Wouldn’t it behoof the Board to know what roads are being done and costs. What is his criteria for repairs to the roads? What formula does he use to decide what roads need repairs? Number of homes, damage, length of damage to the road. How is asphalt going to stick to the roads? Years ago, when I asked the same question I was told to use a lot of gum to stick to the road. This work will last 2-3 years and then the road will have to be done again. The road I’m discussing is Mount Laurel Road where there are 4 houses on it and I know 3 out of the 4 owners didn’t want to have the road paved. The ditches off the side are so deep that with this one lane road someone is going to end up in the ditch and get hurt. There was 2 days of paving and the road was completely closed off. If there was an emergency, no one would have been able to get through. My son even asked for it not to be on a Monday or a Wednesday because my grandson has to go for radiation. The 284 agreement hasn’t been filed with you, shouldn’t you know what his expenses are going to be since the Board is in charge of town budgets? This is a gross mis use of taxpayers dollars.
Shirley Avery: There was no way an ambulance or fire truck would have been able to get through when a one lane road was shut down.
TOWN BOARD OPPORTUNITY TO RESPOND TO PUBLIC COMMENT:
Supervisor Baden stated the 284 agreement was due in May but because the State budget was late getting adopted, Jeff wanted to make sure that he had the correct figures to go on. Notice was posted to the public and the crew is at the mercy of the company so it is hard to figure out what day exactly the work will be done. I will convey your questions and concerns to Jeff.
TOWN BOARD MEMBER TIME -OTHER MATTERS:
Councilwoman Enouen wanted to Thank Amelia Trimpe for her work done to the Veteran’s park.
I would like to discuss a low budget solution of ways to get water down to the park.
Thanks to Rick Jones for pruning the trees.
RESOLUTIONS:
ACTION ON THE MINUTES:
Resolution # 222-2023:
Motion: Councilman Paddock
Second: Councilwoman Smiseth
The Town of Rochester Town Board accepts the minutes of the May 4 Public Hearing, May 4 Business Meeting, May 11 Workshop meeting, May 24 public hearing, May 24 Audit meeting as presented.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
ACCEPTANCE OF DONATIONS:
Resolution # 223-2023:
Motion: Councilwoman Smiseth
Second: Councilman Paddock
The Town of Rochester Town Board accepts donations in the total amount of $1,050.25, as follows
Spring Fling Community Gathering cost the Town less then $ 100.00
Alica Gray $ 25.00
Rochester Senior Group $250.00
Mel and Elaine Tapper $ 50.00
Various Cash Donations $119.00
Summer Program
Rochester Senior Group $250.00
Piano Tuning
Marjorie Bogert $275.00
Clothing
St. Pauly Textile $81.25
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
APPOINTMENT OF SUMMER RECREATION PROGRAM PROGRAM STAFF:
Resolution # 224-2023:
Motion: Councilwoman Smiseth
Second: Councilman Paddock
On request of the Recreation Director the Town of Rochester Town Board appoints Summer Recreation staff as follows, effective June 25, 2023 through August 26, 2023 for the rates of pay and hours, as budgeted.
Summer Recreation Aide – Maryanne Gates, Sheila Brown, and Veronica Schwenk
Summer Counselor – Cheyenne Freer, Brody Baker, Ally Dennin, Sydney Allen, Alexandria Morales, and Sophia Bollin
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
ADOPTION OF TOWN OF ROCHESTER FREEDOM OF INFORMATION POLICY:
Resolution # 225 -2023:
Motion: Councilman Paddock
Second: Councilwoman Enouen
The Town of Rochester Town Board adopts the proposed Freedom of Information Policy, as presented by the Town Supervisor and reviewed by the Town Clerk and Attorney for the Town.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
ADOPTION OF LOCAL LAW 6 OF 2023:
Resolution # 226-2023:
Motion:Councilwoman Smiseth
Second: Councilman Paddock
Whereas, the Town of Rochester Town Board adopted a “Moratorium on Actions Subject to Building Permit, Site Plan, Special Use Permits, or Subdivision Review” presented as Local Law 3 of 2022 on June 2, 2022 and
Whereas, the Town Board has worked diligently this past year on adoption of new Subdivision and Zoning codes holding 30 public hearing sessions on subchapters of proposed codes, and
Whereas, the Town of Rochester Town Board is completing review of the many comments received from these hearings and believes additional time will be in the best interest of all involved, and
Whereas, the Town of Rochester Town Board proposes Local Law _ of 2023, extending the moratorium until October 1, 2023, and
Whereas, the Town of Rochester Town Board referred such local law to the Town of Rochester Planning Board and Ulster County Planning Board for comment, and
Whereas, the Town of Rochester Planning Board offered no comments for Local Law _ of 2023, and
Whereas, the Ulster County Planning Board offered a required modification stating “For the purposes of transparency, the UCPB recommends that as part of any potential extension, that the Town share documents with the general public, as well as with the UCPB, as part of a referral that shows the documented progress the Town has made towards adopting updates to the Town’s Zoning Statute and Subdivion of Land Statute”, and
Whereas, further Advisory comments were made by the UCPB recommending ” The UCPB approves of the propsed exempted list, but would recommend that the Town consider expanding it further to consider development or redevevelopment within the hamlet areas. It is also noted that applications for zoning change or inclusion in the EEOO district is exempt. We would recommend that development review in those districts as part of such zoning changes should also be deemed to be excempt from the proposed moratorium. Finally, we would recommend that any proposals for housing with a set aside of 20% or more of units as affordable should also be allowed to proceeed as an exempt use” and;
Whereas, the Town of Rochester Town Board accepts the Required Modification and Advisory Comments of the Ulster County Planning Board, with exception of hamlet addition of redevelopment in the hamlet areas and;
Whereas, the Town of Rochester Town Board held public hearing on local Law _ on May 4, 2023. No speakers or written comment were received and Town of Rochester closed the public hearing on May 4, 2023, and
Whereas, the Town of Rochester Town Board discussed the local law in public meeting on May 11, 2023, making change, with resolution 212 of 2023 to add an exemption for any proposals for housing with the set aside of 20 % or more units as affordable, and
Whereas, the Town of Rochester Town Board identified such action as a Type II action under
6 NYCRR Part 617, State Environmental Quality Review, also known as SEQRA and renamed such local law as Local Law 6 of 2023 on May 11, 2023, and
Whereas, the amended version of Local Law 6-2023 was emailed to Town Board members and the Town Clerk on May 15, 2023, and
Therefore, the Town of Rochester adopts Local Law 6-2023 a “Moratorium on Actions Subject to Building Permit, Site Plan, Special Use Permits, or Subdivision Review”, and further requests the Town Clerk file such local law with the Dept. of State, and notify the Building Department, Code Enforcement Department, and Planning and Zoning Department of the adoption of this local law.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
RENAMING AND ADOPTION LOCAL LAW 7-2023: ETHIC AMENDMENT:
Resolution # 227 -2023:
Motion: Councilman Paddock
Second: Councilwoman Smiseth
Whereas, the Town of Rochester Town Board conducted a public hearing regarding amendments to Chapter 17, Ethic s, of the Town Code, and
Whereas, a public hearing was convened on April 23, 2023. Several residents expressed their concerns of proposed amendments, and
Whereas, on May 11, 2023 the Town Board discussed the amendments and
1. removed the proposed change from consideration regarding “indirect supervision of employees” from consideration
2. leaving the proposed change increasing allowance of gifts to be increased from $25 to $75, as has been recommended by the Attorney for the Town for many years and matching NYS ethics law, and
Whereas, such amendments to the proposed law were deilivered by email to Town Board members and the Town Clerk on May 21, 2023, and
Whereas, with this resolution, the Town of Rochester Town Board identifies such action as a Type II action under 6 NYCRR Part 617, State Environmental Quality Review, also known as SEQRA and renames such local law as Local Law 7 of 2023, and
Therefore, the Town of Rochester adopts Local Law 7-2023, amending Chapter 17, Ethics, and further requests the Town Clerk file such local law with the Dept. of State
ROLL CALL:
Councilman Coleman absent
Councilwoman Enouen nay
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye
Aye: 3 nay: 1-Enouen abstain: 0 motion carried
Coleman-absent
AMENDMENT TO RESOLUTION 101 OF 2023: ESTABLISHING AGRICULTURAL ADVISORY COMMITTEE:
Resolution # 228-2023:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board amends resolution 101 of 2023, as follows
RESOLVED, The Committee shall consist of the following membership composition:
A. The Committee shall be composed of 7 8 members appointed by the Town Board as follows:
1) Members shall be appointed from residents of the Town of Rochester. The Town recognizes that an effective Agricultural Advisory Committee is comprised of members from the agricultural community, including but not limited to: those engaged in agriculture or agricultural related enterprises such from the nursery, crop production, brewery/winery, agritourism, and dairy segments of the industry; those with an interest in small scale agriculture or hobby farming; and those with a background in agriculturally related organizations, industries or technical assistance programs
2) The Town Board may, notwithstanding any inconsistent provision of law, appoint up to two members to the Committee who are between the ages of 16 and 21.
3) The Committee shall designate the Chairperson.
B. The members appointed to the Committee shall serve for a three-year term. Upon
initial formation, 2 members shall serve for a one-year term, 2 3 members for a two-year term, and 3 members for a three-year term. Each year thereafter, reappointments or new appointments will be for three-year terms.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
APPOINTMENT OF MEMBERS TO THE AGRICULTURAL ADVISORY COMMITTEE:
Resolution # 229-2023:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board appoints the following persons to the Agricultural Advisory Committee
1.One year term – Samantha Ritter
2.One year term – Colleen Krupa
3.Two year term – Harley Davis
4.Two year term – Sarah Hornbeck
5.Two year term – Kerry Cousins
6.Three year term – John Kelder
7.Three year term – Renee Ciardi
8.Three year term – Matthew Dell
ROLL CALL:
Councilman Coleman absent
Councilwoman Enouen aye
Councilman Paddock abstain
Councilwoman Smiseth aye
Supervisor Baden aye
Aye: 3 nay: 0 abstain: 1-Paddock motion carried
Coleman-absent
DISCUSSION:
AMENDMENT TO RACE TRACK SCHEDULE:
Resolution # 230-2023:
Motion: Supervisor Baden
Second: Councilwoman Enouen
The Town of Rochester Town Board amends the 2023 Accord Speedway race schedule to allow two proposed practice dates of 6/7/2023 or 6/8/2023 which only one day will be used and the time will run from 6-10pm.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
REQUEST FOR PUBLIC ASSEMBLY- HIDEAWAY CIRCUS:
The Board reviewed the application and made appropriate changes.
TOWN BOARD TO SET FEE FOR CHAPTER 56:PUBLIC ASSEMBLY:
Resolution # 231-2023:
Motion: Supervisor Baden
Second: Councilwoman Enouen
The Town of Rochester Town Board sets the fee for Chapter 56: Public Assemblies to $ 75.00 per application.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
CONDITIONAL APPROVAL OF CONTRACT:
Resolution # 232-2023:
Motion: Supervisor Baden
Second: Councilwoman Enouen
Upon conditional approval the Town of Rochester Town Board approves the Stars Above circus LLC for public Assembly permit as requested with amendments made to section F- parking attendees be designated to control parking, H-secure DOH approval, L-emergency plansubmitted no later then 7/6/23, M- no dumping sewage on ground, N- signs for no smoking, Q- secure any Federal, State and local safety regulation from any other agency and CEO review property on set up date with $ 75.00 fee paid.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
REQUEST BY AMERICAN TOWER- CELL TOWER LEASE AMENDMENT:
The Board reviewed the proposal received regarding the cell tower amendment lease.
MEETING WITH SAFETY/ SECURITY CONSULTANTS:
Supervisor Baden stated that he met with the 3 consultant firms and they will give a more detailed proposal now that they have been to each building and spoke with department heads.
REQUEST BY LANDOWNER , NO PARKING ZONE ALONG PROPERTY:
The Board discussed the request from the land owner and discussed the letter received from the Fire Company regarding parking concerns in front of the draft site at deep hole. It was suggested that we have increased fines for people parking in front of the Fire Company draft site.
No Parking Sign purchase:
The Board reviewed the cost of the parking signs.
AUTHORIZATION TO HAVE HIGHWAY SUPERINTENDENT ORDER SIGNS:
Resolution # 234-2023:
Motion: Councilwoman Smiseth
Second: Councilwoman Enouen
The Town of Rochester Town Board authorizes the Highway Superintendent to purchase no parking signs from Glenco Supply Company and for the balance to come out of the General fund balance.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
GASOLINE SOFTWARE UPGRADE:
Supervisor Baden will secure quotes and bring it back to the Board.
COURTHOUSE CONSTRUCTION -WELL PUMP:
The problem was diagnosed and we are hoping it will cost less then $ 3,000.00.
LAND USE LEADERSHIP ALLIANCE FALL CONFERENCE INVITATION:
Hoping this conference will take place in the Town of Rochester this fall. More information to follow.
OFF-SITE STORAGE FACILITY:
The Board discussed storage space for records. Supervisor Baden stated he will put a RFP together for the Board to review by the workshop meeting.
JULY AND AUGUST SPECIAL MEETING DATES:
Supervisor Baden asked the Board to look for potential meeting dates for July and August for finish the laws on subdivision and zoning
STAFF TRAINING:
Councilwoman Enouen discussed with the Board employee mandatory trainings and additional trainings to be conducted this fall.
ADJOURNMENT:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town Board adjourned the meeting at 9:44pm in the memory of ;
Jeannine L. Riopelle
Thomas William Barringer
Shirley J. (Avery) Lyons
Raymond Lawrence
Carmina Di Santo
Belle Anne Waite
Myrna Elizabeth Foncree
Jonathan P. Sheeley
Gordon “Mike” Eaves
All suffering from gun violence
The people of Ukraine
Motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK