Town Board Regular Meeting – November 2022

Town of Rochester Town Board held the Regular Meeting on November 3, 2022 at 8:02 pm immediately following public hearings at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY

PRESENT:

Councilman Michael Coleman Councilwoman Erin Enouen
Councilman Adam Paddock Councilwoman Charlotte Smiseth
Supervisor Michael Baden Town Clerk Kathleen Gundberg

ACCEPTANCE OF AGENDA:
Resolution # 436-2022:

A Motion was made by Councilwoman Enouen that the Town Board accepts the agenda, as prepared by the Town Supervisor with the additions of voucher for general code and Budget amendments.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried

SEQRA LOCAL LAW 9-2022:
Resolution #437 -2022:

A Motion was made by Councilwoman Enouen that the Town of Rochester classifies Local Law 9-2022 as a Type II action for the purposes of SEQRA review and no further review is required.
Second:Councilwoman Smiseth

ROLL CALL:

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

ADOPTION OF LOCAL LAW 9 -2022:
Resolution # 438-2022:

A Motion was made by Supervisor Baden to adopt Local Law # 9-2022: Tax Cap override for the year 2023 and for the Town Clerk to file such law with the New York State Department of State.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried

DISCUSSION 2023 PRELIMINARY BUDGET:

Councilwoman Enouen: I understand that we are in hard times. I also don’t make much money and run my own business. I look to this pay increase as a market adjustment. The position has been under salaried for years. I would not vote to do this multiple times. The salary increase has been very low or stagnent for years and it’s not about him, it’s the position. This proposal is not out of line with other Towns. We had a pay analysis done with Ulster County and this falls in line. I am not looking at it as a bonus. Furthermore , I would be willing to decrease the Council salaries further and where we stand the general fund budget is below the tax levy from last year.

Councilwoman Smiseth: I did hear what the public is saying. I work in social services and run a food pantry and to agree with Councilwoman Enouen this is looked at more as a market adjustment then a raise.

Councilman Paddock: these decisions aren’t made by the majority. The cost of living has increased over
4-5 %. We are offering a 6% raise to the employees. The Supervisor’s salary again look at it as a market adjustment we can’t keep doing the 3% every year. The Supervisor oversees 50 employees, controls a 2.5 million dollar budget on top of the many other job duties he has.

Councilman Coleman: Each Town Board member has said basically everything I was going to say, I struggle with this but with inflation at 8% we are looking to give employees 6%. I agree with Mr. Dunn’s property tax philosophical and would love to brain storm more. In terms of Supervisor it’s up to an election to hire and fire.

ATTORNEY FOR THE TOWN:

With regard to the comments last month about the constabulary and court officers, the comments are without merit. Prior to this matter Attorney Christiana had done legal research, including the section of law that she referred (CPL 2.10) and opinions of the Office of the Court Administration, among other documentation. Criminal procedure law was reviewed again after last months comments to be sure that something wasn’t missed. Last months public comment was incorrect on the interpretation of the law and the Board may proceed as presented if you wish.

Recommendations were also presented to the Board regarding the Ambulance District Board of Commissions.

TOWN CLERK/ TAX COLLECTOR REPORT:

For the month of October the total collected was $ 46,006.69
Last month I met with the Ulster County Commissioner of Finance to discuss the upcoming tax system that the County will be implementing starting 2024 ( with hopes).

HIGHWAY SUPT. REPORT:

Highway Secretary started on 10/24.

Supervisor’s Financial Report

October 2022 report – Filed with the Town Clerk

October 2022 Financials
Revenue October 2022
General Fund $305,908.81
Highway Fund $4,386.92
Expenditures
Abstract 10-2022
General Fund $247,142.70
Highway Fund $39,015.13
Street Lighting Fund $0.00
Escrow Fund $11,226.23 + $2,654.26 refunded to applicants
Total Expenditures October 2022
General Fund $324,996.61
Highway Fund $98,753.06

SUPERVISOR’S CORRESPONDENCE REPORT:

Rochester Residents Association donated $ 250.00 to the Thanksgiving Luncheon.

SUPERVISOR’S UPDATE:

Grant Updates:
NY Rising – Alligerville Firehouse, Harold Lipton Community Center- finishing up both projects hoping to close out soon.
BridgeNY – Boice Mill Road Bridge: nothing new to report. This is part of a 2 million dollar grant that the Town will be paying 5% on.
LGRMIF – Building Dept./Code Enforcement record conversion: the Large format scanner has been purchased and should be delivered in a few weeks.

Ulster Cares II applications: small business assistance program provide up to $ 35,000.00 for businesses located in Ulster County with 25 or fewer employees at the time of the application. Funding is meant to spur innovation and adaptation to the new reality of economic life with a highly contagious virus.

UCRRA new director: Greg, He has some innovative ideas on how to deal with waste.

Upcoming Public Hearings:

11/30/2022 6:00pm at the Harold Lipton Community Center
Local Law X-2022, § 140-37, Solar Energy
Local Law Y-2022, § 140-25, Planned Unit Developments
Local Law Z-2022, § 140-30, Affordable Housing
Local Law AA-2022, § 140-19, Home Occupation Regulations
Local Law BB-2022, § 140, various sections of code

Veteran’s Day Ceremony 11am Nov. 11, 2022 at Veterans Park

DEPARTMENT UPDATES/ LIAISON REPORTS:

Councilman Coleman: ZBA: no meeting was held and there are no updates. We are still looking to fill the alternate position. Charter/ Spectrum: Alex the representative from charter was interested to see how the discussions are going in regards to adding service areas. EMS: KAFAS: 93% of calls were answered. Marbletown Rescue squad had 64 calls 2 in the Town of Rochester,
Councilwoman Smiseth: Eldercare: no updates. Constable Miller has issued about half of the flyers. Housing Committee: 11/16 interviews will be held anyone still interested please reach out.
Councilwoman Enouen: CEO: since 8/16 we have 2 owner occupied and 5 non-owner occupied short term rentals. CEO has requested a new vehicle the explorer is shot. ECC: has moved their meetings to 6pm the last Tuesday of the month. They discussed putting in a pollinator garden at the Town Hall. The 11/17th 3rd nature series will be held on pollinators. Transfer Station: the Rotary Club of Ulster County would like to fund the project of raising the floor to the TORE bin. Everything else is going smooth.
Planning Board: Had several agenda items , there was a wonderful moment between an applicant and a neighbor.
Councilman Paddock: Recreation Dept.: Halloween Party: had 40 kids with DJ Jessica. Thanksgiving luncheon is 11/18 sign up now. There are still openings in the asfter school program. The Basketball program is running smooth. There are medicare appointments that are on going taking place at the Community Center.
The Constabulary answered 19 direct calls for service and other duties in October of 2022.
These included:
• 12 Neighbor to Neighbor and Quality of Life Complaints
• 3 Resident Traffic Complaints (Whitfield Rd.,Lwr. Whitfield Rd., St. Josen Rd. )
2 Environmental Complaints, (Whitfield Rd. Rochester Ctr Rd.)
• 6 New Building Department Violations
• 0 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
October started out with the great Heritage Day Town event. We closed down Main Street for the safety
event, its participants and vendors. After the event ended, a single vehicle was left at Veterans park. The
owner was located and notified; she indicated her son was using the car. She was worried there hadn’t
been any contact with her for a long while. Finally, she was able to reach him and all was well. Overall
traffic complaints were down this month, with the notable exception of Rout 44/55 due to fall foliage
viewing. Trespassing and harassment complaints are continuing this month and investigations are
ongoing. Short Term Rental properties continue to generate increasing numbers of complaints that
include trespassing, loud noise, road/driveway blockages and garbage/trash dumping. The current
increase is likely due to the influx of people staying in Short Term Rentals to view the fall foliage. We
continue to work with the building department on all those issues. Neighbor to neighbor complaints have
decreased again this month and all have been defused without further action necessary.
Supervisor Baden: Assessor: attempting to do property inspections of new construction and renovations as time permits. We will continue to process sales, entering building permits, certificates of completion and issuing 911 addresses. We are also pulling plans in the building department, sketching new construction and additions,reviewing assessments on new construction and renovations, answering calls, assisting property owners and the general public with their exemptions and assessment questions and as well as many other matters. We are starting to send out renewal applications for exemptions that require annual review. March 1st 2023 is the deadline to submit the exemption paperwork to the Assessor’s office.
Town Clerk Gundberg: HPC: if you haven’t noticed, the Historical marker signs are being refurbished and looking great. The commission discussed concerns with the Palentown school water drainage issues and submitted a letter to the Supervisor. They met with Peter Forsythe a Town of Rochester historical property owner. There was discussion on reconstruction of the reconnaissance survey. And at the June meeting it was approved by Bea and seconded by Joan to approve for the Farmstead bus tour but because the tour was delayed and by the time the voucher was received the HPC had already expended most of their budget line and Friends of Historic Rochester paid for half. I just wanted that on the record because last month it was stated that the HPC knew nothing about paying for the bus tour. This mishap also led the HPC to designate Bea as the treasurer so to speak to watch their budget line.

As Town Historian I want to congratulate the Rochester Reformed Church on 321 years of worship. They held a great service last week and celebrated the History dating back to 1698.

PUBLIC COMMENT: no comments made.

TOWN BOARD MEMBER TIME:

ACTION ON MINUTES:
Resolution # 439-2022:

A Motion was made by Councilwoman Enouen the Town of Rochester Town Board accepts the minutes of the October 6 Business Meeting, October 13 Budget Workshop, September 21 Public Hearing, October 19 Workshop, October 24 Budget Workshop, October 26 Budget Workshop, October 27 Audit Meeting, October 27 Public Hearings and October 28 Budget Workshop meetings.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTANCE OF DONATION:
Resolution # 440-2022:

A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board accepts donations of $225 from the Heritage Day pie auction, $72 from Heritage Day pie tasting, and $107.74 from St. Pauly Textile.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO INITIATE RENEWAL OF A CONTRACT:
Resolution # 441 -2022:

A Motion was made by Councilman Coleman the Town of Rochester Town Board authorizes the Town Supervisor to sign the Collective Bargaining Agreement by and between the Town of Rochester and the International Brotherhood of Electrical Workers Local 363 to be in force for the period of January 1, 2023 through December 31, 2026.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried

APPROVAL OF PAYMENT OF VOUCHER:
Resolution # 442-2022:

A Motion was made by Councilman Paddock that the Town Board approves payment of voucher in the amount of $ 1,195.00 for General Code.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried

APPROVAL OF 2022 BUDGET MODIFICATIONS:
Resolution # 443-2022:

A Motion was made by Councilman Coleman to approve the budget amendments presented by the Supervisor for Highway and general fund.
Second: Councilwoman Smiseth.
Aye: 5 nay: 0 abstain: 0 motion carried

DISCUSSIONS:

AMBULANCE DISTRICTS BOARD OF ADVISORS:

The Board reviewed the outline for establishing the Board of Ambulance District Commissioners.

MORATORIUM PROGRESS:

Supervisor Baden stated there are still a few more topics to discuss and then the Board will have to roll up their sleeves and really tackle the zoning changes. We will more then likely going to extend the moratorium until March and hope to have the zoning portion done by March then the Board can move on to the subdivision section.

THE ULSTER COUNTY TRANSPORTATION COUNCIL ANNUAL 2023/2024 UNIFIED PLANNING WORK PROGRAM CALL FOR PLANNING PROJECTS PROPOSALS:

This is in regards to any municipality that has a need for a transportation-related planning study. Two plans the Board discussed briefly were the Route 44/55 moving traffic towards Town of Rochester and the Route 44/55 triangle.

PLANNING PROJECTS PROPOSALS:

GENERAL CODE UPDATE:

We have adopted 12 local laws since our last update to General code and we still have some analysis information to complete that was submitted to us in 2020.

ADJOURMENT:

A Motion was made by Councilwoman Enouen to adjourn the meeting at 9:55pm in memory of the following;

Michael Bazinet
Leonard Pumilia
Anna Maria Rine
Frances Grossi
Ethan Conner
The people of Ukraine
All suffering worldwide from the COVID-19 virus

Seconded by: Councilwoman Smiseth motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK