Town of Rochester Town Board held the Regular Meeting on March 3, 2022 at6:30pm at the
Harold Lipton Community Center located at 15 Tobacco Road, Accord, NY or Virtual on Zoom
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(hybrid)
Attorney Marylou Christina(hybrid)
Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.
MOMENT OF SILENCE:
Supervisor Baden held a moment of silence for the people of Ukraine.
ACCEPTANCE OF AGENDA:
Resolution # 132 -2022:
A Motion was made by Councilman Coleman that the Town Board accepts the agenda , as prepared by the Town Supervisor.
Second: Councilwoman Enouen
Aye: 5 nay: abstain: motion carried
SUPERVISOR’S FINANCIAL REPORT:
FEBRUARY 2022 REPORT- filed with the Town Clerk
February 2022 Financials
Revenue February 2022
General Fund $ 723,932.32
Highway Fund $ 1,401,041.08
Expenditures
Abstract 14-2021
General Fund $ 3,580.52
Highway Fund $ 5,696.68
Abstract 2-2022
General Fund $ 45,156.69
Highway Fund $ 57,778.47
Street Lighting Fund $ 0.00
Escrow Account $ 7,832.58
Total Expenditures February 2022
General Fund $ 132,126.06
Highway Fund $ 131,434.25
Street Lighting Fund $ 0.00
Escrow Account $ 7,832.58
2021 (Annual Update Document):
A request was sent for an extension for the AUD. The report will be available for Board review at the April meeting
FINANCIAL SYSTEM CONVERSION TO QUICKBOOKS:
The Accountants have successfully setup conversion.
TRANSITION TO ADP:
Supervisor Baden stated that a test payroll was completed this week and will do one more test. Hoping to have it fully transition within the next few weeks.
TOWN CLERK/ TAX COLLECTOR REPORT:
For the Month of February: $ 32,336.24
Tax Collection: for the month of February $ 643,977.03 was collected of that $ 2,960.81 was penalty
Honor Roll update:
Town Clerk Gundberg stated a list of Town of Rochester Veterans has been compiled based off information from vet exemptions list, the 2007 veteran sign up list, current roll ( which hasn’t been updated since WW2) and residents coming in that heard of the project. Town Clerk Gundberg asked the Board for permission to spearhead Veterans Day and I’ll present a plan by next month. I have a few meetings scheduled in the next week or two to discuss the plans.
SUPERVISOR’S UPDATE/ CORRESPONDENCE:
-Ulser County Sales tax for the months of October- January $ 59,326.59
– Supervisor’s Association agenda is enclosed , if any Board member wants to join they are welcome to
– Central Hudson: billing situation with replacing customer information, high priced bills, etc. Senator Hinchey is working it on a State level.
– Cell Tower correspondence
– New resident interested in starting a rotary club in the Town of Rochester
– Delaware Co. Board of Supervisors- watershed coalition
COVID-19 report:
Currently there are 5 cases in the Town of Rochester and 162 cases in Ulster County
Grant Updates:
NY Rising – Alligerville Firehouse, Harold Lipton Community Center:
Doors should be going up soon, the walls are starting to go up. It looks good and it’s under or on budget.
Harold Lipton Community Center: finally process of being closed off.
BridgeNY – Boice Mill Road Bridge:
We adopted the resolutions last week, letter of request is going out tomorrow
LGRMIF – Building Dept./Code Enforcement record conversion:
First half of the files were picked up this morning. We also received notice that there is an extension.
JCAP – Courthouse bathroom ADA compliance reconstruction:
Councilman Paddock and Supervisor Baden met with Judge Laflamme to discuss the ADA compliance moderation for the restrooms. The Court received a $ 30,000 JCAP grant to put towards repairs. The quote received was $ 94,000.
ARPA Funding:
First report is due by the end of April. We have purchased the playground and installation, premium pay of employees, EMS payments, Install of video equipment. We have approximately $ 300,000 left.
2022 UC Agricultural District Application period:
UC Planning Board is accepting applications from landowners to have their predominately viable agricultural lands included into a NYS Certified Agricultural District. The application period is from March 1-March 30th. The Town of Rochester has a quite a bit of land in the UC Agricultural District. This helps with agriculture related projects.
OSI Rail Trail Project:
Section of Accord to Kerhonkson was chosen to be revitalized funded through UC ARPA money.
Broadband PSC Public Hearing:
Supervisor Baden attended the virtual public hearing and spoke on the coverage area in the Town of Rochester. It was also stated that Broadband needs to be looked at like a public Utility like Central Hudson and not treated like an add on. There were 4 members of the commission that sat in on the calls.
2021 Recycling Report:
The 2021 recycling report has been completed for the Transfer Station, Highway Dept. and Community Center The report is lower than in 2020.
Ulster County Updates:
UC recyceling committee: created a subcommittee.
EMS Commission: Supervisor Baden and Supervisor Walsh( Rosendale) are the two officials on the commission.
Coalition of Watershed Towns:
We are a member of the group. The Town of Olive typically was the representative of the watershed coalition and will look into finding a representative.
March 31, 2022 7:00pm Public Hearings:
– Local Law 1-2022
– Accord Speedway request for waiver
DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilman Coleman: KAFAS: Month of January KAFAS responded to 91% of calls and the month of February response rate was 91.2 %. They have a new slate of officers and working on their approach to get more active members. Will also be meeting with Marbletown First Aid Squad this week.
Cablevision: working on updating mapping and digitilized .
Councilwoman Smiseth: with the help of Councilman Coleman we are starting a proposal to form a commission for affordable housing and hopefully bring it before the Board at the workshop meeting. Supervisor Baden stated that the County planner is in a position that they’re looking to hire a staff member and now developed a shortlist of the person that is going to be a liaison for the Towns housing.
Councilwoman Enouen: Transfer Station: new computer installed on Monday. Would like to revisit the municipay credit card option in the future. Hoping to bring a proposal to the Town for a open house recycling awareness day. ZBA: we have a new board seated. CEO: records were picked up today and are offsite so if a document is needed there will be a 48 hours turn around. ECC: planning spring events, received American Chestnut trees to plant.
Councilman Paddock: Court: met with Justice LaFlamme and loved her enthusiasm with the JCAP grant and proposal for ADA compliant bathrooms. Constabulary: Court remains mostly open. The Constabulary answered 15 direct calls for service and other duties in
February of 2022.
These included:
• 9 Neighbor to Neighbor and Quality of Life Complaints
• 4 Resident Traffic Complaints (Whitfield Rd., Mettacahonts Rd., Rochester Ctr. Rd and
Samsonville Rd.)
• 2 Environmental Complaints, (Rochester Ctr Rd., Cherrytown Rd.)
• 15 New Building Department Violations
• 2 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 1 Court Proceedings Closed
Interesting Occurrences:
This was a short month; however, it was a busy month. We received many complaints from residents
regarding many issues. The two storms during the month caused many traffic problems for our residents.
Power outages were significant throughout the Town. Many residents were without power and in need of
assistance. Roadway accidents significantly increased due to the extreme icing conditions. Garbage
dumping complaints continue to rise. Neighbor to neighbor complaints have decreased and all have been
defused without further action necessary. 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.
Please be safe and careful driving during inclement weather
Recreation Dept: 2 kid paint classes have been scheduled and are full. There are 2 adult classes scheduled as well one daytime and one evening class. Adult exercise class is 3 days a week and line dancing will start up soon. 3/17: Annual St. Patricks Day Luncheon. Congratulations to the Rondout Valley Varsity Basketball team for their victory over Red Hook. Sections Championship will be held this Saturday at 3pm in Middletown. Good Luck to them!
Town Clerk Gundberg: HPC: held a meeting on 2/28. The group discussed possible upcoming events for the year. The commission’s homework for the month is to find people, ideas and imput that will help participate in these events.
Historic Barn tour and farmers market- hoping with this event to help get information out regarding NYS grants & tax credits for Historic Barns.
Ashtree festival
Palentown School House
Heritage Day
Joanne who handles the HPC Instagram account wants to work on a series one being the History of Pataukank and was thrilled to say they are up to 850 followers.
Supervisor Baden: Assessor: working on open building permits, new building permits, inspecting properties and Assessments. Exemptions were due on 3/1 and will begin the process of reviewing applications for these exemptions. 2022 equalization rate will drop from 100% to 72 %.
Highway: Slowing down from snow season and moving into pothole season. Thank you to Jeff and his crew for all their hard work, especially during the ice storm. Town of Gardiner assisted Rochester in clean up and Rochester worked on sections of Gardiner that Gardiner was unable to get too because of the bridge being out.
Planning Board: busier than ever, there are open applications before the Board in the teens.
TOWN BOARD MEMBER TIME:
Councilwoman Enouen requested permission to discuss with Fisch Solutions what types of document file uploads can be created for the Board to review whether it be 365, google drive, drop box.
Councilman Coleman : spoke with concerned residents regarding their rental units like tentr, campers, etc. At the time didn’t fall under the Short-term rental law and the board at the time thought it would be better suited to visit the campground law.
Supervisor Baden : campers shouldn’t be included because of fire/safety issues. Tentr is separate non-tradtional structures.
Councilman Coleman: would still like to discuss it further at the workshop meeting.
PUBLIC COMMENT:
Frank Kortright: thank you for fighting the internet issue in the area that I was telling you about. I’ve been patiently waiting for 15 years. This is not just an add on, I need internet for my small excavating business reasons to electronically file various reports. I know people that are moving to the area that work from home so the present satellite that we have the internet drops its not efficient. So if you keep fighting it I really appreciate it and so will other people who live in that dead zone.
Marc Grasso: regarding fees to the Planning Board and items that are getting brought up on our agenda. I think that the Board has done a phenomenal job of lowering our taxes and board member in this area appreciate that , I am one of them and feel that increasing the Planning Board fees is a poor decision, I don’t see the benefit in it nor the benefit of what the Planning Board is actually providing to the applicant to warrant a fee increase. If you haven’t been before the Planning Board I will enlightened briefly that there are a lot of fees associated outside of the plan. The applicant has to pay the Town Attorney fees, the Town Planner fees, the individual application fee, their personal Attorney, engineer and planning representing them. I am ¼ of the way through the process and have spent over $ 27,500.00 and I think all these items that’s in addition to not receiving my attorney fees yet. I want the Board to keep in mind that I don’t see a benefit as an applicant on what the planning board is going to provide to the applicant. These are all required by the Town of Rochetser in order to bring an application to the table. I’m here today to voice my opinion about that I hope that you take it to heart I know that we have had this conversation at the planning board level and I don’t know if Rick has gotten a consensus of what the board has determined as of the last meeting there was no consensus at the last meeting. My concern is I don’t understand why the Town would want an increasing in fees when we are seeing a reduction in taxes and the planning abord is not providing anything additional that comes out of their pockets such as overtime for secretary that’s not occurring , additional out of pocket expenses from the planning board that’s not occurring, planning board members are not getting increases in their cycles so I have a little bite of difficulty understanding on whats the drive for fees.
RESOLUTIONS:
HONORING HEROISM:
Resolution # 133-2022:
A Motion was made by Councilman Coleman
Whereas Gavin Beesimer is a resident of Kerhonkson in the Town of Rochester whose parents are both volunteers for the Kerhonkson Accord First Aid Squad and;
Whereas on the night of December 23rd, 2021, while his parents were both out responding with KAFAS to an emergency medical call, Gavin demonstrated quick thinking, calmness under pressure, and extreme bravery when he came to the aid of his younger brother who was choking and;
Whereas the Town of Rochester wishes to honor its residents who help protect their friends, neighbors, and family;
Therefore be it resolved that the Town of Rochester, on March 3rd, 2022, honors Gavin Beesimer, for coming to the aid of his fellow citizen (and little brother) and for reminding us that there are heroes all around us.
Second:Councilwoman Enouen
Discussion: Happy Birthday Gavin!
Aye: 5 nay: abstain: motion carried
ACTION ON MINUTES:
Resolution # 134-2022:
A Motion was made by Councilwoman Smiseth The Town of Rochester Town Board accepts the minutes of the February 3, 2022 Regular meeting, February 16, 2022 Workshop meeting, and February 24, 2022 Audit/Special meeting, as amended.
Second: Councilman Coleman
Aye: 5 nay: abstain: motion carried
ACCEPTANCE OF DONATION:
Resolution # 135-2022:
A Motion was made by Councilwoman Enouen The Town of Rochester Town Board accepts donations of $100.00 from Marlene Dunn and $600.00 from Zach Kleinhandler for the St. Patrick’s Day takeout luncheon.
Second:Councilman Paddock
Aye: 5 nay: abstain: motion carried
IN-PERSON MEETINGS:
Resolution # 136 -2022:
A Motion was made by Supervisor Baden The Town of Rochester Town Board hereby resolves all public Board and Commission meetings, which are subject to the Open Meetings Law, shall be held in person, effective 12:01am Wednesday March 16.
Second: Councilman Paddock
Discussion: Councilwoman Enouen stated that she is fine with it but would like to have virtual options for those wishing to comment at certain
Aye: 5 nay: abstain: motion carried
VIRTUAL OPTION FOR PUBLIC COMMENT AND PUBLIC HEARING:
Resolution # 137-2022:
A Motion was made by Councilwoman Enouen that meetings for the Town Board, Planning Board and Zoning Board of Appeals where public comment and public hearing comment is on the agenda comments may be received virtually or in person.
Second: Councilwoman Smiseth
Aye: 5 nay: abstain: motion carried
YOUTUBE BROADCAST OF MEETINGS:
Resolution # 138 -2022:
A Motion was made by Councilwoman Enouen that It shall be the policy of the Town of Rochester Town Board that all Town Board, Planning Board, and Zoning Board of Appeals meetings shall be broadcast on the Town of Rochester YouTube channel.
Second: Councilwoman Smiseth
Aye: 5 nay: abstain: motion carried
SPECIAL MEETING:
Resolution # 139-2022:
A Motion was made by Supervisor Baden the Town of Rochester Town Board calls a Special Meeting to be held March 31, 2022 at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404 to immediately follow the public hearing of Local Law 1-2022 and the public hearing on the matter of the Accord Speedway request for waiver. The Town Clerk is requested to publish notice of the Special Meeting.
Second:Councilwoman Enouen
Aye: 5 nay: abstain: motion carried
APPOINTMENT OF EMPLOYEE:
Resolution # 140-2022:
A Motion was made by Councilwoman Enouen on appointment by the Highway Superintendent, the Town Board confirms Griffin Kelsey to the position of HMEO effective March 6, 2022, subject to the pay rate and conditions of the collective bargaining agreement.
Second: Councilman Paddock
Aye: 5 nay: abstain: motion carried
RETIREMENT CREDITS:
Resolution # 141-2022:
A Motion was made by Supervisor Baden
WHEREAS, the New York State Comptroller is authorized by Sections 34 and 334 of the Retirement and Social Security Law to adopt rules and regulations for reporting the service and salary information for all employees of participating employers in the New York State and Local Employees’ Retirement System (“Retirement System”); and
WHEREAS, Town of Rochester is a participating employer in the Retirement System; and
WHEREAS, the New York State Comptroller has promulgated Regulation 315.4 which imposes certain reporting requirements for elected and appointed officials of participating employers, and requires the governing board of each participating employer to adopt a resolution establishing a standard work day for each elected or appointed official; and
WHEREAS, among the requirements for employers are a more detailed description of a Standard Work Day along with a Town Board resolution establishing and reporting such Standard Work Day, public posting of the Resolution, and submission of the Resolution to the New York State Retirement System; and
WHEREAS, pursuant to Regulation 315.4, in the event that elected or appointed officials do not participate in an employer’s time keeping system, they are required to keep a record of activities (ROA) for a three month period and submit it to the confidential secretary of the Town Supervisor within 180 days of taking office; and
WHEREAS, each of the elected or appointed officials listed in this resolution have kept records of their actual time (ROA) worked in their current position for the required ninety days or taken part in the Ulster County time keeping system; now, therefore,
BE IT RESOLVED, that the Town of Rochester Town Board hereby establishes the following as Standard Work Days for these elected and appointed officials who are not covered by a collective bargaining agreement, and will report the following days worked to the New York State and Local Employees’ Retirement System based on the established time keeping system or the record of activities (ROA) maintained and submitted to the Town Supervisor Confidential Secretary:
Title Last First Standard Day Term
Town Supervisor Baden Michael 8 hours 1/01/2022 – 12/31/2023
Town Clerk Gundberg Kathleen 8 hours 1/01/2022 – 12/31/2025
Highway Supt. Frey Jeffrey 8 hours 1/01/2022 – 12/31/2023
REQUEST FOR REFUND:
Resolution # 142-2022:
A Motion was made by Councilwoman Enouen On request of the Planning Board and applicant, the Town of Rochester Town Board approves refund request in the amount of $550.00 to Marc Grasso for change in Planning Board application classification from Major Subdivision to Minor Subdivision.
Second: Councilman Paddock
Aye: 5 nay: abstain: motion carried
AMENDMENT TO RESOLUTION # 142-2022:
A Motion was made by Councilwoman Smiseth to amend resolution # 142-2022 to change the refund amount to $ 250.00.
Second: Councilwoman Enouen
Aye: 5 nay: abstain: motion carried
A Motion was made by Councilwoman Enouen On request of the Planning Board and applicant, the Town of Rochester Town Board approves refund request in the amount of $250.00 to Marc Grasso for change in Planning Board application classification from Major Subdivision to Minor Subdivision.
Second: Councilman Paddock
Aye: 5 nay: abstain: motion carried
REQUEST FOR REFUND:
Resolution # 143-2022:
A Motion was made by Supervisor Baden on request of the Planning Board and applicant, the Town of Rochester Town Board denies refund request in the amount of $350.00 to Peter Venezia due to withdrawal of Planning Board application for Minor Subdivision.
Second: Councilwoman Enouen
Discussion: Supervisor Baden stated that some work was completed. After the Boards discussion it was agreed to deny the application until more background information could be provided.
AMEND RESOLUTION # 143-2022:
A Motion was made by Supervisor Baden to amend the resolution to include explanation for denial.
Second: Councilman Coleman
Aye: 5 nay: abstain: motion carried
A Motion was made by Councilman Coleman on request of the Planning Board and applicant, the Town of Rochester Town Board denies refund request in the amount of $350.00 to Peter Venezia due to withdrawal of Planning Board application for Minor Subdivision and the Town Board directs the Town Supervisor to send a follow up letter….
Second: Supervisor Baden
Aye: 5 nay: abstain: motion carried
DISCUSSION ITEMS WITH ATTORNEY
Code Enforcement and Building Department 2022 fee schedule – Fire & Safety Inspections:
Attorney Christiana discussed with the Board the next steps in handling the fee schedule.
2023 Ambulance Improvement Districts Preparation:
Attorney Christiana sent a memo outlining the steps needs for special districts. Step one is the appropriations number and cost to prepare mapping and report.
Councilman Coleman and Supervisor Baden are going to work together to get this completed by the workshop meeting scheduled for 3/16 or by the April meeting.
OSI Trail Rehabilitation Agreement:
Attorney Christiana has been in contact with Bob Anderberg to get what insurance is needed in order for the engineer to do a report.
DISCUSSION ITEMS:
Broadband Mapping:
Supervisor Baden presented a 2010 broadband map that former Highway Superintendent Kelder put together for the Town Board which showed areas that had both coverage and no coverage. There have been some added coverage at this point since this was a 12 year old map. The Board agreed to work together to update the map to present to the County Comptroller.
Department Job Duties Descriptions – Councilwoman Enouen:
Councilwoman Enouen plans to meet with Michael Richardson in the next week or two to go over the job description for the Planning Board secretary and present it to the Town Board at the Audit meeting.
Transfer Station compactor – Councilwoman Enouen:
Councilwoman Enouen received a quote for a compactor for the transfer station. The compactor was initially planned for the cardboard but the Town would get a better return if they used it for the MSW. The Town wouldn’t receive a return with the cardboard but the MSW could save approximately $6,000 a year.
Request for Resolution – Opposing Creation of a County-Wide Landfill:
Supervisor Baden asked the Board what they wanted to do in regards to a resolution opposing the creation of a county-wide landfill.
Councilwoman Enouen stated that she wouldn’t be opposed to it, if it was done the right way and if it could be something that is good.
Escrow Accounts for Planning Board
Supervisor Baden stated that he is concerned with the costs that are being billed to our residents by the Town Planner for projects before the Planning Board. He asked Board members their thoughts of the Town looking into the hiring of a part-time planner.
Councilwoman Enouen stated that it’s worth exploring, I was concerned when I was looking at some of the billing costs as well and based on comments today.
Councilman Coleman stated that if we go to a part time employed planner than the burden is on all the taxpayers.
The Board agreed to explore it more and discuss it at another time.
Planning Board 2022 Fee Schedule:
After a brief discussion the Board agreed to talk to the Town consultant, get a breakdown of fees charged and
Amphibians Crossing – request by resident:
Supervisor Baden stated that he received a request from a Town resident asking see if it’s possible to have a partial road closure for some overnight hours on Boodle Hole Rd. The resident volunteers with the DEC’s Amphibian Migration and Road Crossings project. Supervisor Baden hasn’t discussed this with the Highway Superintendent yet. The Board agreed to discuss this with Jeff before any decisions are made.
Local Law – Establishment of Recreation Commission:
Supervisor Baden stated that he will write the proposed law to include 7 members of the Board and present it at the workshop meeting.
Local Law – Solid Waste/Littering:
The Board will discuss it further at the workshop meeting.
Climate Smart Community Program:
Councilwoman Enouen circulated a resolution that the previous Board approved. We established the climate smart community task force but we have not populated it. We’ve appointed a Coordinator who is Madeline Russo.We earn points for actions related to climate resilience and energy reduction, it’s meant to be tailored by the community for the community, we received lots of support around this last year, we received a grant to have the climate smart community task force coordinator, the coordinator did six months of intensive training. We had students from BARD College who went through all of our code and documentation to see where we were doing a really good job and told us where we should focus our efforts; resiliency planning for climate catastrophes.
There is a long list to follow that you gain points for and then there’s a tiered system : bronze, silver and gold. Each of those opens us up to funding opportunities through the State. Where we stand now is I would like to see this populate in the next few months. Supervisor Baden stated that what we didn’t want was the ECC to take this on as a project. This program is more on policy and a big component of the training abd interacting with the public getting feedback from the public and using that to shape your policy recommendations to the to the board so it’s a more complicated.
Clean Energy Community Program:
ECC member Judith Karpova brought this program before Councilwoman Enouen, it is another grant opportunity. There’s a lot of opportunities but its just finding the energy and drive.
Supervisor Baden asked for a list of qualities of what the optimal people who would populate this committee would have or would be interested in. I want to put an ad out but I want to try to really let people know wat they’re getting in to.
Councilman Paddock stated there was a checklist that we had awhile ago that was helpful. It showed where we were on track with some things and showed us where we needed to be mindful in other areas. Can we get that again.
MEMORIUM:
John Stensland
Millard “Sonny” Terwilliger
Jocelyn Plummer
All suffering worldwide from the COVID-19 virus
ADJOURMENT:
A Motion was made by Councilwoman Enouen to adjourn the meeting at 9:44pm.
Second: Councilwoman Smiseth motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK