Town of Rochester Town Board held the Regular Meeting on October 5, 2023 at 6:30pm at the Harold Lipton Community Center 15 Tobacco Road, Accord, NY 12404
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 Deputy Town Clerk Christina Ferrara
Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.
ACCEPTANCE OF AGENDA:
Resolution # 321 -2023:
The Town Board accepts the agenda, as prepared by the Town Supervisor with 3 additions; Pay increase for the Constabulary, to sign an agreement and an added resolution.
Aye: 5 nay: 0 abstain: 0 motion carried
PRIVELAGE OF THE FLOOR:
Supervisor Baden gavce resident Bea Haugen-Depuy the privilege of the floor to remind everyone October is breast cancer awareness month and the importance of everyone getting checked.
SUPERVISOR’S FINANCIAL REPORT:
September 2023 report filed with Town Clerk and Town Board
Revenue September 2023
General Fund $ 94,141.02
Highway Fund $ 594,467.86
ExpendituresAbstract 9-2023
General Fund $58,622.66
Highway Fund $43,963.23
Capital Fund $1,200.00
Street Lighting Fund $422.06
Ambulance Fund $0.00
Escrow Fund $9,526.11
Total Expenditures September 2023
General Fund $
Highway Fund $
Capital Fund $1,200.00
Street Lighting Fund $422.06
Ambulance Fund $0.00
Escrow Fund $9,526.11
SUPERVISOR’S CORRESPONDENCE REPORT:
3 parcels are included in the Agriculture district; 2 flower farms on Queens Highway and one vegetable farm on Cherrytown.
SUPERVISOR’S UPDATE:
O&W Rail Trail project: drainage and resurfacing complete.Coming back to do the bridges, the Highway department will pave the parking area.
Grant Updates
NY Rising – Alligerville Firehouse: 2 things that need attention; the siren and and water filtration system because there is too much sediment.
BridgeNY – Boice Mill Road Bridge: nothing new to report.
Ulster County ARPA Park Funding: working on the date issue.
2023 NYS Comptroller Fiscal Stress Score: perfect zero
2024 Tentative Budget: filed with the Town Clerk and presented at the 9/28/23 meeting. Hoping to hold the public hearing on 11/9/23 at 6:30pm.
Broadband meeting: 10/11at 6pm at the Kerhonkson Firehouse. Speaking about broadband, cable and some cellular issues.
Public Service Commission Central Hudson public hearing on rate increase: October 18th at 6pm at the Restoratice Justice center on Boradway Kingston. There will be shuttles to and from Hannaford available.
ATTORNEY FOR THE TOWN REPORT:
Reviewing some zoning/ cannabis microbusiness very similar to 30 day liquor license waiver and can ask for additional 30 days.
TOWN CLERK/ TAX COLLECTOR REPORT:
Still finalizing the monthly report for September waiting on bank statements and department monthlys.
VETERAN’S DAY: The Accord fire Company is hosting a pancake breakfast on Saturday November 11, 2023 from 8-10:30am at the Accord Firehouse. Breakfast is free to veterans and spouse, a small fee will be charged to all others. There will have a variety of memorabilia and photos of our veterans around the room.
A ceremony will follow at 11am at the Town Veteran’s park to unveil the honor roll. The honor roll consists of 726 residents in the Town of Rochester who served in US military.
HERTIAGE DAY REPORT:
Join the 320 year celebration of the Town of Rochester this Saturday 10/7 at Heritage Day. We have over 40 vendors , 4 bands, demonstrations, art show, car show, savaneger hunt, hay rides, food provided by the fire companies, historical information all to begin at 11am it is a rain or shine event. All traffic will be detoured down scenic road, Senior and disability parking will be able to park in the municipal lot while all others will shuttle from the town park over. We will end the night with fireworks in the Town Park at dusk.
DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilwoman Enouen:
Planning Board:
a new application from Skate-time for a sculpture/sign. Also, the property is located on Airport Road for Hudson Valley Seed Co. headquarters. Several minor two-lot subdivisions and lot line adjustments that are were on the agenda. New board members were seated so that was nice to have those positions filled.
ECC:
The third Thursday this month is “Get to know the Wallkill Valley Land Trust” protecting nature for life on Zoom on October 19th at 6:30 p.m. Plastic collection at the transfer station this Saturday, October 7th at 11:30 so you can do a drop off there. Please do not leave your plastic bags when there is not a volunteer attendant.
Transfer Station:
We received correspondence with the removal of some of the construction. So, if
anyone notices the change, that is in the process of happening.
Code Enforcement:
Monthly $20,326.02 Issued 59 certificates of occupancies and certificate of completeness, 32 permits, 13 Municipal searches, and 1 violation issued. 22 house inspections, 138 miscellaneous inspections, 1 addition inspection, 4 short-term rental inspections, 7 fire safety inspections, and 6 in-office consults.
Councilman Paddock:
Recreation Department:
Youth Halloween Party- Friday, October 20th 5 to 7 p.m. at the Harold Lipton Community Center. Call the Rec. Center to sign up 626-2115.
Youth pumpkin painting classes- Tuesday, October 24th from 5:30 to 7:30 pm. Call to sign up.
Annual Thanksgiving Luncheon -Friday, November 17th they’ve begun taking reservations.
Heritage Day this weekend and a reminder it’s a rain or shine event.
Constabulary: The Constabulary answered 19 direct calls for service and other duties in September of 2023.
These included:
• 15 Neighbor to Neighbor and Quality of Life Complaints
• 2 Resident Traffic Complaints (Lower Whitfield Rd, Samsonville Rd)
• 1 Environmental Complaints, (Main St.)
• 3 New Building Department Violations
• 0 New Court Cases Opened
• 11 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
This month we had some Special Events taking place in Town. The Little Ones Learning Center held an
event where we managed traffic and crossing over Rt 209 in Accord. It was very well attended by many
children and their families. In addition, A local brewery held a two day concert series where we were
tasked with managing traffic and noise issues. Traffic complaints from local residents, primarily the
ignoring of posted Stop and Yield signs as well as parking along several town roads, have remained
constant. Garbage dumping of household trash and other debris on town roads remains an ongoing issue
though many warnings were issued this month. Perhaps next month will show a decrease. Short term
rental properties continue to generate many complaints, especially on Holidays, Fridays and Weekends.
This month the main complaint was blocking of adjacent driveways. Neighbor to neighbor complaints
have decreased this month, with parking and noise complaints being the most common. All have been
defused without further action necessary.
Councilman Coleman:
ZBA:
This past month they just had enough for a Quorum. We still have that alternate position available. They went through the SEQRA process for one of the ongoing applications, an adjustment for an area variance. There was a discussion about whether they needed to do SEQRA, which came up in the second application which was a similar project. I don’t know if they asked for clarification on that.
Next applicants had information about it not being a requirement. Three Public hearings, no comments.
One was no time sensitivity so that decision was just held. Another application for fence variance was granted. The last applicant had to postpone due to a lack of clarification.
EMS:
Received budget requests. We appreciate all the work that our advisory boards have been doing.
Additional clarification is specific to the KAFAS request. As we go into budgetary discussions, there are questions that the board wants to get answered. The preliminary budget figures are different from the advisory boards’ request. I’d like the town board to discuss it further during the budget workshop sessions.
Spectrum: Sent a response letter back as per the Board.
Councilwoman Smiseth:
Housing Committee: will be handing out fliers at Heritage Day
Eldercare:winter is a busy season for the eldercare program.
Supervisor Baden: Assessor: in NYS training this week. He provided information on property value increase and the Town added over 19 million to the tax roll. Thank you for all you do.
Town Clerk Gundberg: HPC: The HPC is looking to reschedule the Pataunkunk hamlet talk series for 10/14/2023 from 1-3pm at the Town of Rochester Courthouse.
PUBLIC COMMENT:
Joe Vitti: I want to compliment the Board and the residents involved with resolving concerns to the swimming hole on towpath road and coming up with positive solutions. We are all very pleased and it was less chaotic.
Bea Haugen-Depuy: Could the Town Board notify the EMS Committee in advance of the meeting? What parcel was changed for the Agriculture district?
TOWN BOARD OPPORTUNITY TO RESPOND TO PUBLIC COMMENT:
Supervisor Baden answered the questions asked of the public. Yes the ambulance committee would be notified. The 3 parcels are one on Cherrytown road next to Rogue Harbor Road and 2 on Queens Highway.
DECISION REVIEW: APPLICATION FOR ECONOMIC ENTERPRISE OVERLAY ZOING DISTRICT INCLUSION ACCORD LLC:
The Board reviewed the draft decision and determination prepared by the Town Suprvisor and Attorney for the Town.
RESOLUTIONS:
ACCEPT THE ULSTER COUNTY COMMENTS- GRANARY PROJECT:
Resolution # 322-2023:
Motion: Councilman Paddock
Second: Councilman Coleman
Discussion: The Town Board reviewed the findings of fact draft and some board members had questions the attorney would review and offer opinion on. The review of the draft decision was tabled until October 12 meeting when those answers could be researched and obtained.
The Town of Rochester Town Board accepts the comments from the Ulster County Planning Board regarding the Accord Granary project.
Aye: 5 nay: 0 abstain: 0 motion carried
Councilwoman Enouen left the meeting at 9:47pm and returned at 9:49pm.
ACTION ON MINUTES:
Resolution # 323-2023:
Motion: Councilwoman Smiseth
Second: Councilman Paddock
The Town of Rochester Town Board accepts the minutes of the September 7 Public Hearing, September 7 Business Meeting, September 13 Workshop Meeting, September 14 Workshop Meeting, September 23 Workshop Meeting, September 28 Audit Meeting, and September 30 Workshop Meeting, as presented.
Aye: 4 nay: 0 abstain: 0 motion carried
Enouen- not present
ACCEPTANCE OF DONATIONS:
Resolution # 324 -2023:
Motion: Councilwoman Smiseth
Second: Councilman Paddock
The Town of Rochester Town Board accepts donations in the total amount of $ 147.91 from St. Paulies Textiles.
Aye: 4 nay: 0 abstain: 0 motion carried
Enouen- not present
AUTHORIZING THE SUPERVISOR TO SIGN A SHARED SERVICE AGREEMENT FOR HIGHWAY:
Resolution # 325 -2023:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board authorizes the Town Supervisor to sign and return a proposed shared services agreement between Ulster County and the Town of Rochester, as allowed pursuant to Article 5-G of the New York General Municipal Law and Sections 102, 133-a, and 135 of New York Highway Law.
Aye: 4 nay: 0 abstain: 0 motion carried
Enouen- not present
AUTHORIZING THE SUPERVISOR TO SIGN A SHARED SERVICES AGREEMENT FOR DOG CONTROL:
Resolution # 326-2023:
Motion: Supervisor Baden
Second: Councilman Paddock
The Town of Rochester Town Board authorizes the Town Supervisor to sign and return a proposed shared services agreement between
1. Town of Olive
2. Town of Esopus
3. Town of Wawarsing
4. Town of Marbletown
5. Town of New Paltz
and the Town of Rochester for the period of 1/1/2023-12/31/2023
Aye: 5 nay: 0 abstain: 0 motion carried
BLOCK VOTE OF RESOLUTIONS:
Resolution # 327-2023:
Motion: Councilwoman Smiseth
Second: Councilwoman Enouen
The Town of Rochester Town Board approves the block voting for the 3 resolutions pertaining to the health insurance through the Town.
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING THE SUPERVISOR TO SIGN RENEWAL OF MVP SELECT CARE, INC.- HEALTH REIMBURSEMENT ACCOUNT:
Resolution # 327A-2023:
The Town of Rochester Town Board accepts the Small Employer Benefits Package with enrollment of qualified Town employees/spouses/families in the MVP Select Care, Inc. Health Reimbursement Account, effective December 1, 2023 through November 30, 2024, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
AUTHORIZING THE SUPERVISOR TO ESTABLISH A FLEXIBLE SPENDING ACCOUNT HEALTH FSA:
Resolution # 327B-2023:
The Town of Rochester Town Board makes offer to employees the opportunity to enroll in the MVP Select Care, Inc. Flexible Spending Account Health FSA in an amount up to $3050 ($2850) per year with a grace period of 2.5 months after the end of the plan year to utilize all funds, effective December 1, 2023 through November 30, 2024, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
AUTHORIZING THE SUPERVISOR TO SIGN CONTRACT -RENEWAL OF MEDICARE INSURANCE:
Resolution # 327C-2023:
The Town of Rochester Town Board accepts the MVP Health Care Medicare Rate Quote Triple Offering for the USA Care PPO option in the amount of $374.57 per month per retiree, effective January 1, 2024 through December 31, 2024, as presented Marshall and Sterling Group Benefits, and authorizes the Town Supervisor to sign the agreement.
Aye: 5 nay: 0 abstain: 0 motion carried
SETTING DATES FOR 2024 BUDGET WORKSHOP MEETING:
Resolution # 328-2023:
Motion: Councilwoman Smiseth
Second: Councilman Paddock
The Town of Rochester Town Board sets the date of October 19 a for 2024 Budget Workshop Meeting to be held at 6:30 pm at the Accord Firehouse and requests the Town Clerk post notice of the meetings.
Aye: 5 nay: 0 abstain: 0 motion carried
APPOINTMENT OF CONSTABLE- tabled
VENDOR AGREEMENT RESOLUTION:
Resolution # 329-2023:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board authorizes Supervisor Baden to sign a business associate agreement between Marshall & Sterling Employee Benefits, Inc. and the town of Rochester for the Town of Rochester employee health insurance purposes.
Aye: 5 nay: 0 abstain: 0 motion carried
CONSTABLE INCREASE IN PAY AND PROBATIONARY PERIOD OVER:
Resolution # 330-2023:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board authorizes a payroll rate of pay increase for Constable Emilia Picons to
$16.50 per hour, having completed 520 hours of probationary period, retroactive to having completed 520 worked hours.
Aye: 5 nay: 0 abstain: 0 motion carried
DISCUSSION- POSSIBLE RESOLUTIONS:
O&W RAIL TRAIL KIOSKS PROPOSAL: two quotes have been received. Supervisor Baden will get another quote for the Board to vote on at the next meeting.
PROCUREMENT POLICY: no action taken
DOCUWARE SOFTWARE PROPOSAL: The Board agreed to get additional quotes.
SCENIC ROAD ONE WAY DISCUSSION: The Board discussed the idea of requesting to have Scenic road becoming a one way.
EXECUTIVE SESSION:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board motions to enter into executive session at 10:25pm for the purposes of discussions regarding current litigation
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town of Rochester Town Board motions to exit executive session at 10:55pm stating no action taken nor monies expended.
Aye: 5 nay: 0 abstain: 0 motion carried
PETITIONERS SETTLEMENT OFFER:
Resolution # 331-2023:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester Town Board accepts the petitioners offer to settle for a 3 year assessment of $185,000, in the case of 41 MTG LLC v. Town of Rochester Board of Assessment Review, et. al. and further authorizes the Town Supervisor or Attorney for the Town, as designee, to sign the stipulation of settlement as approved by the Attorney for the Town.
Aye: 5 nay: 0 abstain: 0 motion carried
TOWN SETTLEMENT OFFER BRUCK VS. TOWN OF ROCHESTER:
Resolution # 332-2023:
Motion: Councilman Coleman
Second: Councilman Paddock
The Town of Rochester Town Board authorizes Scott R. Green. Esq. of GoldbergSegalia, to reintroduce the last draft of the Town’s settlement offer in the matter of Bruck v. Town of Rochester, et. al. as a “take it or leave it” offer and to oppose the petition if not accepted.
Aye: 4 nay: 0 abstain: 1- abstain,Smiseth motion carried
ADJOURNMENT:
Motion: Councilman Coleman
Second: Councilwoman Enouen
The Town of Rochester Town Board adjourns the meeting at 11:00pm in memory of ;
Rodney Miller
Linda Quick
All suffering from gun violence
The people of Ukraine
RESPECTFULLY SUBMITTED,
CHRISTINA FERRARA
DEPUTY TOWN CLERK