Town Board Regular Meeting – September 2023

Town of Rochester Town Board held the Regular Meeting on September 7, 2023Immediately following the public hearing, Harold Lipton Community Center, 15 Tobacco Road, Accord, NY
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

ABSENT:

Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.

RESOLUTIONS:

ACCEPTANCE OF AGENDA:
RESOLUTION # 282-2023:

MOTION:Councilman Paddock
SECOND: Councilman Coleman

The Town Board accepts the agenda, as prepared by the Town Supervisor with two additions to add the Board of Elections agreement and resolution for new job description.

Aye: 5 nay: 0 abstain: 0 motion carried

Revenue August 2023
General Fund $ 237,807.26
Highway Fund $ 5,063.46

Expenditures
Abstract 8-2023
General Fund $85,780.25
Highway Fund $154,776.16
Capital Fund $0.00
Street Lighting Fund $407.39
Ambulance Fund $43,750.00
Escrow Fund $4,465.96

Total Expenditures August 2023
General Fund $ 200,423.93
Highway Fund $ 221,534.06
Capital Fund $ 0.00
Street Lighting Fund $ 407.39
Ambulance Fund $ 43,750.00
Escrow Fund $ 4,465.96

SUPERVISOR’S CORRESPONDENCE REPORT:
– Little ones library asking for constabulary assistance with the Touch a truck
– County Agricultural and farmland protection plans

SUPERVISOR’S UPDATES:

O&W Rail Trail project: drainage is coming along great, Highway will pave the parking area. The trail is expected to be completed by the end of October or beginning of November.
Grant Updates:

NY Rising – Alligerville Firehouse: working on the water filtration system issue and the siren issue has been resolved.
BridgeNY – Boice Mill Road Bridge: nothing new to report, still working on design with the engineers.
Ulster County ARPA Park Funding: received approval to move forward with expended the Town’s portion of the grant.
Ulster County Planning Housing Study Support Services: grant through the County to preform a fund study for reviewing affordable housing.
Transfer Station Permits: Supervisor Baden stated that the numbers are down regarding permits at the transfer station so we had a sign made stating you must have a permit in your possession in order to use the transfer station.
2024 Budget: most departments have received their packets for the budget, the packets are due 9/14.
Recognition of retirement: Would like to recognize Wayne Gray on his retirement from the Highway Department.
Recognition of resident: Would like to recognize Jack Schoonmaker on his 90th Birthday! There is a great article in the Bluestone Press on him and he’s done it all.
Designation of liaison to Justice Court: Councilwoman Enouen has taken on liaison to the Justice Court.

ATTORNEY FOR THE TOWN REPORT:

Will discuss in executive session.

TOWN CLERK REPORT:

For the Month of August $ 44,703.76

RESIGNATIONS:

Chad Cooper from the Highway Department
Congratulations to Wayne Gray on his retirement to the Highway Department

HERITAGE DAY REPORT:

We are one month away from Heritage Day. We have live music throughout the day, delicious food , the Jennie bell pie contest, HPC awards , fireworks and much more. Friends of Historic Rochester are still looking for a variety of vendors and craft/ trades. We have a car show that has registration the day of the event and we are looking for local artists to submit artwork for an art show, the artwork must in some way represent heritage. More information can be found on their website www.Friendsofrochester.org

HIGHWAY SUPERINTENDENT REPORT:

Nothing new to report. Will be paving the parking area at the rail trail entrance

DEPARTMENT UPDATES/ LIAISON REPORTS:

Councilwoman Smiseth: Housing committee/ eldercare:2 new signups to the eldercare program. The ADU grant applications through the county are do 9/22/23.

Councilman Coleman: Spectrum:will discuss later in the meeting. ZBA: had a busy agenda 4 applications reviewed.
Fire Company: a new water truck has been delivered.A 9/11 service will be held at 6pm at the firehouse.

Councilwoman Enouen: CEO:a proposed fee update was submitted. Planning Board: busy agenda, lot line improvements, some larger projects are still held up with the moratorium. Excited to have a new member join.
Agriculture committee: Working on scheduling the first meeting. Website: working on finishing preliminary content draft action plan.Transfer Station: plastic collection is the first Saturday of the month. ECC: 3rd Thursday of the month, this month is on permaculture, invasive trees.

Councilman Paddock: Recreation dept.:The Town of Rochester Recreation Department is looking forward to the start of the 2023-2024 After School Program! It will begin on Monday, September 18th. There are still spots available. Please call the Rec Dept for more information at (845) 626-2115.

There will be an Adult Paint Class-Friday, September 22nd at 10am. Call to sign up. This class is free to attend. Space is limited.
Heritage Day is quickly approaching and we are looking for bakers to enter our annual Pie Contest. Information can be found on The Rec Depts Facebook page or by calling (845) 626-2115. Cash prizes awarded to the winners!
Calling all painters, photographers and visual artists! The Senior/Youth Recreation Commission is looking for local artists to display their talent at Heritage Day. Specifically pieces relating to Heritage in some way. Contact Deborah Martin to get involved. Contact information can be found on the Facebook page as well.

Constabulary:These included:
• 17 Neighbor to Neighbor and Quality of Life Complaints
• 4 Resident Traffic Complaints (Granite Rd, Lower Whitfield Rd, Samsonville Rd, Clay Hill Rd.)
• 2 Environmental Complaints, (Towpath Rd., Cherrytown Rd.)
• 9 New Building Department Violations
• 3 New Court Cases Opened
• 8 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
This was yet another busy summer month. Traffic complaints from local residents, mostly Speeding and
the ignoring of posted Stop and Yield signs as well as parking on many town roads, have increased again.
Garbage dumping of household trash and other debris on town roads is still an ongoing issue. Short term
rental properties continue to generate many complaints, especially on Holidays, Fridays and Weekends.
Neighbor to neighbor complaints have again increased this month, with noise complaints still being the
most common. All have been defused without further action necessary.
Summer staff did an amazing job as usual. Ashley does a great job to get donations and other funding sources to help off set cost.
Town Clerk Gundberg: HPC:the second series of Hamlet talks will take place this Sunday 9/10. Pataukunk hamlet series will be located at the Courthouse on Samsonville Road from 1-4pm. All welcome. The HPC will be presenting Preservation awards at Heritage Day.
Supervisor Baden:
Assessor:
A. Organize Office
Joanne and I are continuing to organize the office so that we can work more effectively and efficiently according to IAO (Institute of Assessing Officers) guidelines.
B. Property Inspections
I will be doing property inspections as time permits and at property owners requests.
C. Office Work
We continue to work on processing sales, entering building permits, and certificates of completion. We will be pulling plans in the building department, answering calls, issuing 911 addresses, assisting property owners with their questions and issues. Daily assisting the public that may walk in looking for deeds, tax maps and owner information.
D. VACATION TIME
I will be taking couple vacation days in the month of September.
E. SCAR
We received two SCAR applications from Aventine Properties and will have the SCAR hearings on 9/25 &9/26/2023
F. Certiorari
We have received one certiorari case for a four family property that the Town attorney is handling.

PUBLIC COMMENT:

One resident spoke regarding the recording of the meetings, it’s really difficult to hear some of the Town Board members and worry about the lack of attendance at the meetings by the Town’s people.

TOWN BOARD MEMBER TIME:
Supervisor Baden stated that on 9/27 from 10:30-11:30am Congressman Ryan will have the community support team cares van at the Community Center. This will be very helpful.

TOWN BOARD AS LEAD AGENCY:
RESOLUTION: 283-2023:

MOTION: Supervisor Baden
SECOND: Councilman Coleman

The Town of Rochester Town Board is named Lead Agency for the Granary Project.
Aye: 5 nay: 0 abstain: 0 motion carried

SEQRA PART 2 AND 3 REVIEW FOR GRANARY EEO:
RESOLUTION # 284-2023:

MOTION: Councilman Paddock
SECOND: Councilwoman Enouen

The Town of Rochester Town Board upon review has adopted the Part 2 of SEQRA review as presented.

ROLL CALL VOTE:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 5-0aye, motion carried

APPROVAL ON MINUTES:
RESOLUTION # 285 -2023:

MOTION: Councilman Paddock
SECOND: Councilwoman Smiseth

The Town of Rochester Town Board accepts the minutes of theJuly 27 public hearing, July 27 Audit meeting, August 3 Business Meeting, August 5 Workshop Meeting, August 10 Workshop Meeting, August 14 Workshop Meeting, August 26 Workshop Meeting, and August 31 Audit Meeting, as presented.
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTANCE OF DONATIONS:
RESOLUTION # 286-2023:

MOTION:CouncilwomanEnouen
SECOND: Councilman Coleman

The Town of Rochester Town Board accepts donationsin the total amount of $163.44 from St. Pauly Textiles.
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTANCE OF GRANT FUNDING:
RESOLUTION # 287 -2023:

MOTION: Councilwoman Enouen
SECOND: Councilwoman Smiseth

The Town of Rochester Town Board accepts grant funding in the amount of $1,100 from the Rondount Valley Education Foundation as sponsorship of a trip for the 2023 Summer Program.
Aye: 5 nay: 0 abstain: 0 motion carried

APPOINTMENT OF PLANNING BOARD MEMBER:

Supevisor Baden asked the Board for an nominations to the the position of the Planning Board.

Councilwoman Smiseth Nominated Cynthia Landon
No other nominations.

RESOLUTION # 288-2023:

MOTION: Councilwoman Smiseth
SECOND: Councilman Coleman

The Town of Rochester Town Board appoints Cynthia Landon to fill the vacant position of Planning Board member for a term ending December 31, 2024 and requests the Town Clerk notify the person of the requirementof oath of office.
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZATING THE SUPERVISOR TO SIGN A SHARED AGREEMENT FOR HIGHWAY:
RESOLUTION # 289 -2023:

MOTION: Councilman Coleman
SECOND: Councilwoman Smiseth

The Town of Rochester Town Board authorizes the Town Supervisor to sign and return a proposed shared services agreement between the Town of Esopus 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: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO SIGN A PROPOSAL – LANDFILL CLOSURE AND MONITORING SERVICES:
RESOLUTION # 290 -2023:

MOTION: Councilwoman Smiseth
SECOND: Councilman Paddock

The Town of Rochester Town Board authorizes the Town Supervisor to sign and return an agreement between C.T. Male Associates Engineering, Surveying, Architecture, Landscape Architecture & Geology, D.P.C. (C.T. Male) and the Town of Rochester to provide landfill monitoring and reporting services in 2023 for the Town of Rochester Landfill located on Airport Road, as presented. The estimated fee is $6,145.
Aye: 5 nay: 0 abstain: 0 motion carried

SEQRA LEAD AGENCY- NYC 2023-2033 Long Term Land Acquisition Plan:
RESOLUTION # 291-2023:

MOTION: Councilman Paddock
SECOND: Councilwoman Smiseth

The Town of Rochester Town Board authorizes the Town Supervisor to sign and return a statement stating “the Town of Rochester Town Board has no objection to the Deleware County Department of Planning and Watershed Affairs assuming Lead Agency status of this action”.
Aye: 5 nay: 0 abstain: 0 motion carried

RECOGNITION OF APPOINTMENT OF EMPLOYEES:
RESOLUTION # 292 -2023:

MOTION: Councilwoman Enouen
SECOND: Councilman Paddock

The Town of Rochester Town Board, on appointment by the Highway Superintendent, recognizes the appointment of Kevin Houtaling to the position of HMEO at a rate of pay of $27.01 per hour effective September 17, 2023, subject to authorization by the Ulster County Personnel Department of qualifications for the position.
Aye: 5 nay: 0 abstain: 0 motion carried

APPOINTMENT OF EMPLOYEES:
RESOLUTION # 293-2023:

MOTION: Councilwoman Enouen
SECOND: Councilwoman Smiseth

The Town of Rochester Town Board, on recommendation of the Recreation Director, appoints Jennifer Connor, Lisa Babcock, Samantha Ritayik, McKenzie Savage, Lacey Freer, and Alex Morales as After School Program Aides at a rate of $15.00 per hour effective September 17, 2023, subject to authorization by the Ulster County Personnel Department of qualifications for the position.
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO SIGN RENEWAL OF MVP SELECT CARE, INC.:
RESOLUTION # 294-2023:

MOTION: Councilwoman Enouen
SECOND:Councilwoman Smiseth

The Town of Rochester Town Board accepts the Small Employer Benefits Package with enrollment of qualified Town employees/spouses/families in the MVP Liberty Silver 8 Health Plan, effective December 1, 2023 through November 30, 2024, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
Premium Rates per month 7% monthly increase
Coverage Type Current Rate New Rate Increase
Single $903.66 $966.52 $62.86
Employee/Spouse $1807.32 $1933.04 $125.72
Employee/Child $1536.22 $1643.08 $106.86
Family $2575.43 $2754.58 $179.15
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO SIGN RENEWAL OF MVP SELECT CARE, INC.- HEALTH REIMBURSEMENT ACCOUNT:
RESOLUTION #295 -2023:

MOTION: Councilwoman Enouen
SECOND: Councilwoman Smiseth

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.

Deductible – 80% paid by town (split 40% town – 20% employee – 40% town)
Monthly Fee $2.50 per participant per month
Individual $4400 per year ($500 increase from existing)
Double or Family $8800 per year ($1000 in crease from existing)
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO ESTABLISH A FLEXIBLE SPENDING ACCOUNT HEALTH FSA:
RESOLUTION # 296-2023:

MOTION: Councilwoman Enouen
SECOND: Councilman Paddock

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 $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.
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO SIGN CONTRACT-RENEWAL OF DENTAL INSURANCE:
RESOLUTION # 297-2023:

MOTION: Councilwoman Enouen
SECOND: Councilman Coleman

The Town of Rochester Town Board makes offer to employees the opportunity to enroll in the CDPHP Delta Dental of NY Traditional PPO option, effective December 1, 2023 through November 30, 2024, as presented Marshall and Sterling Group Benefits, with employee to pay 25% of the coverage and the Town of Rochester to pay 75% of coverage, and authorizes the Town Supervisor to sign the agreement.

Premium Rates per month 0% monthly increase (3rd year of same prices)
Coverage Type Current Rate New Rate Increase
Single $34.83 $34.83 $0
Employee/Spouse $73.76 $73.76 $0
Employee/Child $70.48 $70.48 $0
Family $112.24 $112.24 $0
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO SEEK QUOTES-TOWN PARK PAVILLION ROOF:
RESOLUTION # 298-2023:

MOTION: Councilman Paddock
SECOND: Councilwoman Enouen

The Town of Rochester Town Board authorizes the Town Supervisor to seek quotes for services to replace the roof of the Town Park Pavillion, subject to the conditions of the Ulster County funding notice. Such quotes shall follow the Town of Rochester procurement policy. The Town Supervisor to return such quotes to the Town Board for final approval.
Aye: 5 nay: 0 abstain: 0 motion carried

SETTING DATES FOR 2024 BUDGET WORKSHOP MEETINGS:
RESOLUTION # 299-2023:

MOTION: Supervisor Baden
SECOND: Councilman Paddock

The Town of Rochester Town Board sets the dates of October 3 and 25 for 2024 Budget Workshop Meetings to be held at 6:30 pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY and requests the Town Clerk post notice of the meetings.
Aye: 5 nay: 0 abstain: 0 motion carried

JOB DESCRIPTION AUTHORIZATION:
RESOLUTION # 300-2023:

MOTION: Councilwoman Smiseth
SECOND: Councilman Paddock

The Town of Rochester Town Board authorizes the Town Supervisor to request County personnel to approve duties of position in the Constabulary.
Aye: 5 nay: 0 abstain: 0 motion carried

BOARD OF ELECTIONS AGREEMENT:
RESOLUTION # 301-2023:

MOTION:Councilman Paddock
SECOND: Councilwoman Smiseth

The Town of Rochester Town Board authorizes the Town Supervisor to sign agreement with the Board of Elections.
Aye: 5 nay: 0 abstain: 0 motion carried

DISCUSSIONS:

SHORT TERM RENTAL 2024 CAP:
The Board discussed the Short term rental cap. It was agreed to discuss it further at another time.

REJECTING RFP BIDS FOR RECORDS STORAGE BUILDING:
RESOLUTION # 302-2023:

MOTION: Councilwoman Enouen
SECOND: Councilwoman Smiseth

The Town of Rochester Town Board rejects all Bids received for the RFP for records storage building.
Aye: 5 nay: 0 abstain: 0 motion carried

COMMUNITY CENTER SHED:

The Board authorized Supervisor Baden to move forward with finding quotes for the community center shed.

CHARTER SPECTRUM:

After a brief discussion the Board agreed to move forward with drafting letter to discuss pricing.

EXECUTIVE SESSION:

MOTION: Councilman Coleman
SECOND: Councilwoman Enouen

The Town of Rochester Town Board motions to enter into executive session at 9:53 pm for the purposes of
Discussions regarding current litigation for the Town Clerk and Town Attorney attend.
Discussions regarding matters leading to the employment history of a particular person
Discussions regarding theemployment, discipline, suspension, or dismissal of a particular person.
Aye: 5 nay: 0 abstain: 0 motion carried

RECONVENE THE MEETING:

MOTION: Councilwoman Enouen
SECOND: Councilman Coleman

The Town of Rochester Town Board motions to exit executive session at 10:11pm.
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZE THE TOWN CLERK TO SEND LOCAL LAW:
RESOLUTION # 303-2023:

MOTION: Councilwoman Enouen
SECOND: Councilman Coleman

The Town of Rochester TownBoard requests that the Town Clerk file local law # 1-2011: Municipal Parking lots for new Chapter 100 with NYS Department of State secretary.
Aye: 4 nay: 0 abstain: 1- Smiseth motion carried

ENTER BACK INTO EXECUTIVE SESSION:

MOTION:CouncilwomanEnouen
SECOND: Councilman Coleman

The Town of Rochester Town Board enters back into executive session at 10:13pm.
Aye: 5 nay: 0 abstain: 0 motion carried

RECONVENE THE MEETING:

MOTION:CouncilwomanSmiseth
SECOND: Councilman Paddock

The Town of Rochester Town Board reconvened the meeting at 10:40pm with no action taken nor monies expended.
Aye: 5 nay: 0 abstain: 0 motion carried

ADJOURNMENT:

MOTION: Councilman Coleman
SECOND: Councilman Paddock

The Town of Rochester Town Board adjourns the meeting at 10:40pm in memory of

Glenn Dymond
Curt Jager
Mark Johnson
Millicent Giammichele
Elaine Connolly
Hermina Rider
Rudi Ernst
All suffering from gun violence
The people of Ukraine

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK