TOWN OF ROCHESTER
50 Scenic Drive P.O. Box 65
Accord, NY 12404
Office of the Supervisor
845-626-3043
State of the Town
December 31, 2004
Dear Fellow Residents of the Town of Rochester:
At the end of my first year as Town Supervisor, I thought it would be appropriate for me to report to you on the state of the Town as of December 31, 2004 and to tell you what your Town government has done in the past year. There have been many challenges and our Town’s elected officials and employees have tried to address these and the many changes that are facing our community.
I would like to thank my predecessor, Supervisor Harold Lipton, and my fellow elected officials and Town employees for their assistance during the transition at the end of 2003 and the beginning of 2004. I’m grateful for the help that each of them provided and their support and suggestions during the past year.
Organizational Matters
On taking office, I learned about the responsibilities that our Town Code gives to our Historic Preservation Commission and Environmental Conservation Commission. Both commissions now conduct regular meetings in Town Hall that are open to the public. These volunteer citizen boards provide a valuable service to our community and I’m glad that the Town Board voted to strengthen their numbers by appointing new members and that the commissions formalized their meeting procedures.
We also realized that many of members of the Planning Board and Zoning Board of Appeals had not taken the oath of office required by law or participated in required training (two sessions per year). We have now established a procedure whereby appointed officials are now required to take oaths and provide evidence of training. In addition, all Town elected officials, employees, and board and commission members are now subject to the Town’s new Ethics Law.
I was disappointed that the Town Board did not establish a procedure for filling vacancies on various Town boards and commissions when legal terms expire. The resolution that I introduced would have required the advertisement of open positions, established a uniform way for interested citizens to submit letters of application, and formalized a process for the Town Board to evaluate these applications in order to fill the vacancies -- with new members or with incumbents.
The Town Board eliminated the position of constable because the Town has rarely called upon them in recent years and because of the lengthy state law enforcement training requirements and the potential legal liability that having our own law enforcement positions creates. We are grateful for the service that Brian Belile, Alexander Chalm, Gregory Hart, Anthony Kawalchuk, Sr. Arthur D. Lapp, Sr. and Bruce Schoonmaker provided as constables over the years and pleased that the Town Board appointed them as permanent Honorary Constables Emeriti. This change does not affect the status of the two uniformed officers who work in the Town courthouse.
Personnel
At of December 31, 2004, the Town had 30 regular employees (included elected officials) as follows:
Elected Officials - 9
Supervisor
Councilpersons (4)
Justices (2)
Town Clerk
Highway Superintendent
Staff:
Highway Department 8 full-time employees and 1full-time secretary
Town Clerk’s Office 1 full-time deputy, 2 part-time, additional alternates
Transfer Station 2 full-time attendants, 2 part-time attendants
Assessor’s Office 1 assessor, 1 aide
Building Dept. 1 secretary, 2 part-time inspectors (1 vacant)
Planning Board/ZBA 1 secretary
Secretary/Bookkeeper 1 full-time
Social Services Officer 1 part-time
Municipal Worker I/Laborer 1 full-time
Clerk of the Court 1 full-time, 1 part-time
Court Officers 2 part-time
Youth Department 2 full-time, additional part-time
Dog Control Officer 1 part-time
Municipal Worker I/Cleaner 1 part-time
In addition, the town frequently hires part-time temporary workers to cover for vacations and during snow emergencies as well as election day workers. Altogether, 64 people received a paycheck from the Town in 2004, most of whom fit into the part-time temporary category.
During 2004, we filled the following vacancies, which were created by retirement or resignation:
Merci Walsh was appointed as full-time secretary to the Highway Department, assuming the job filled by Crystal Gazlay, who retired in October. In recognition of Crystal’s 23 years of service and dedication, the Town Board designated November 12, 2004 as “Crystal Gazlay Day” in the Town of Rochester.
Gary Kurman was appointed as a part-time uniformed court officer in our Town Court.
One part-time building inspector position is currently open. The Town Board has interviewed several well-qualified candidates and will soon appoint someone to that position.
It is with sadness that I note the passing of Franklin Kelder in July. Mr. Kelder served as Town Supervisor from 1964 to 1973 and was an active member of the community.
In February, the Town Board adopted a personnel manual for town employees. This personnel manual, which was drafted by a municipal human resources consulting firm retained by the previous Town Board, complements the employee job descriptions and salary & wage administration program. Also implemented, for the first time, is an annual performance appraisal of all staff members.
In October, the entire staff and several elected officials participated in a sensitivity training on Workplace Diversity and Sexual Harassment facilitated by AMTEK.
Laws Passed
Background Check Law April 1, 2004. The Town Board adopted a law that requires criminal background checks on all Town employees and adult volunteers in Town-sponsored programs where adults come into contact with minors. We are in the process of developing procedures for this.
Insurance Buyout Provision July 1, 2004. The Town adopted a law revoking chapter 34, Article II of the Code of the Town of Rochester regarding wage equivalent payments and passing a new Chapter 34, Article II of the Code of the Town of Rochester entitled Insurance Buyout Provisions.
Ethics Law October 7, 2004. Town Board adopted a new Ethics Law for our Town’s elected and appointed officials and employees. The law clarifies what constitutes ethics violations and establishes the procedures by which our three-member Board of Ethics evaluates alleged violations.
Manufactured Housing Park District Preferred CustomerLaw November 4, 2004, the Town Board adopted a new lawPreferred Customer creating a new manufactured park zone in our town and also regulating the creation and expansion of multiple unit manufactured housingPreferred Customer parks in our Town. The new law creates a new floating zone that stipulates new road frontage requirements, set backs and open space requirements. This new law does not affect single unit mobile or modular homes on separate parcels of land.
Escrow Law December 29, 2004, the Town Board adopted a new law that requires applicants before the Town’s Planning Board and Zoning Board of Appeals (and any other Town body) to reimburse the Town for out-of-pocket expenses incurred by the Town for professional services related to the review of those applications. Earlier in the year, the Town Board authorized the engagement of engineers and other professional advisors in the review of such applications in an attempt to improve the quality and consistency of the application review process.
Financial Matters
In 2004, the Town Board approved Highway Superintendent Wayne Kelder’s request for a new salt shed at a cost of $172,000. This capital expenditure, while not budgeted, is required in order for the Town to be in compliance with state regulations regarding the storage of salt and other potentially hazardous materials.
I have worked with the Town Board to try to keep municipal expenditures as low as possible. In adopting the 2005 budget, the Town Board looked at all costs to see where expenses could be reduced and made cuts in equipment purchases. Unfortunately, the largest expenditures are beyond the town’s control. Health insurance costs rose by more than 66% from last year’s budget; building maintenance expense increased by nearly 110% for long overdue new roofs in the Highway Department and the community center; the Town Board believed that it was fair and appropriate to increase employee wages to keep pace with inflation and to recognize employees’ hard work.
Preferred CustomerThere were some increases in discretionary spending, which included an additional $15,000 for a new planner (most of which will be reimbursed by applicants), funds for a new website and newsletter to improve communications with the public, and additional legal expenses. There was also an increase in auditing expense and new financial software program expenditures to address deficiencies raised by a recent audit of the Town Clerk’s Office conducted by the Office of the State Comptroller.
The Town Board also corrected several errors in previous budgets by creating line items for recurring operating expenses that were not provided for in the 2004 budget and by eliminating certain income items that the Town has no reasonable expectation of receiving.
The Town signed a new collective bargaining agreement with IBEW Local 1968, the union that represents the employees of our Highway Department. The three-year contract calls for aggregate raises of between 6.33% and 7.81% through December 31, 2006.
The Town’s total operating budget for 2005 is $1.5 million, which is in addition to the $1.3 million for the Highway Fund. The overall increase in the combined Town General Fund and Town Highway Fund tax rate will be 5.24% for 2005.
The Town’s assessor has been working onPreferred Customer a property assessment revaluation project that was initiated during my predecessor’s administration. The assessor worked on the property revaluation during 2004 and is expected to continue the process in 2005. Fair and consistent property assessments/valuations are an important step in preserving property tax fairness.
I am participating in a task force with representatives from other communities in the Rondout Valley to address the issue of rising property taxes and to examine alternate funding sources for educational and other expenses in an effort to reduce the burden of property taxes on homeowners. This project has had wide support from many other communities state-wide, and from the New York Association of Towns.
At December 31, 2004 the Town had the following debt outstanding:
Description |
Current Principal |
|
|
Highway Fund - Dump Trucks - Front Loader |
$ 290,000.00 |
Highway Fund - Gravel & Dump Truck |
$ 50,000.00 |
Highway Fund - Salt Shed |
$ 100,000.00 |
Special District - Barry Lane |
$ 52,000.00 |
Special District - Sages Loop |
$ 51,000.00 |
|
|
Total |
$ 543,000.00 |
The General Fund debt relates to road maintenance agreements for Barry Lane and Sages Loop, the residents of which pay 100% of the principal and debt service payments through a special tax assessment. The Highway Fund debt is repaid by taxpayers through the Town’s Highway Tax.
Debt Repayments are as follows:
|
|
|
|
|
2009 |
|
2005 |
2006 |
2007 |
2008 |
& Beyond |
Special Districts - General Fund |
20,000 |
21,083 |
21,086 |
4,084 |
36,747 |
Highway Fund |
77,600 |
103,100 |
93,100 |
83,100 |
83,100 |
The debt is in the form of 365-day bond anticipation notes that are rolled over at each maturity (with the required principal amortization). The rollovers are subject to interest rate risk, depending on prevailing interest rates at the time of the rollover. Maturity schedules are prescribed by the estimated useful life of the asset acquired or the project for which the debt is incurred.
Upon taking office, I learned that there were several plans for the expansion or relocation of Town Hall. Several sets of plans had been drawn up, and one proposal involved moving Town Hall to town-owned land adjacent to the transfer station on Airport Road. I believe that prior to considering any such expansion, the Town should thoroughly evaluate the need for this expansion and assess lower cost alternatives.
One of the most difficult decisions that the Town Board has had to address is the issue of health insurance benefits for current and retired town employees. To balance the need to provide adequate health coverage to employees with the cost of providing such benefits, the Town was forced to increase the out-of-pocket deductible for its employees (as have 85% of employers, according to a recent New York Times article). The Town Board also voted to discontinue the “health insurance buyout” program that was formerly offered to the Town’s elected officials, which varied between $1,500 and $5,000 per participating elected official. Despite these changes, the cost of coverage still increased significantly. The Town Board is investigating ways to reduce this expense while ensuring that qualified
employees and retirees receive adequate health care coverage.
Audits and Investigations
The recent disclosure by the Office of the State Comptroller that money is missing from the Town Clerk’s Office has prompted the Town Board to take several parallel steps to ensure that public funds are properly accounted for. The current estimate of the shortfall is $24,000. We have engaged an independent auditor to attempt to determine the full extent of missing money and to prepare recommendations on how to improve our cash/revenue control procedures. Suggestions include the implementation of a new software program for the Town Clerk’s Office and making changes in the way revenue is collected at the Transfer Station and in other offices. The most immediate changes became effective December 1; cash is now accepted only at the Town Clerk’s Office, where a receipt will be given and checks must
now be made payable to the “Town of Rochester” rather than to any individual.
Other proposed changes include the discontinuation of the “punch card” system and moving to a revenue ticket system and back to decal transfer station permits. These will assist in reconciling the unused liability owed by the Town to residents (in the form of sold but unredeemed punch cards) and will help in matching the collection of revenues to the year in which services are provided. I hope that the Town Board will adopt these changes in the next few weeks.
My office and other Town employees have been cooperating fully with investigating authorities and will continue to do so until this matter is fully resolved and procedures are put in place to ensure that all public funds are properly reconciled.
Legal Matters
Two lawsuits in which the Town was named a defendant were resolved in the Town’s favor: a suit by a resident against employees of the Highway Department and a suit by residents relating to the Accord Speedway. The owner of the Streamside Estates mobile home park sued the Town’s Planning Board because that body did not approve plans for a proposed 64-unit trailer park development. This suit is still pending.
Other Matters
Many residents who are served by a common water supply system operated by Lucas Estates Water Company (a privately owned company) petitioned the Town Board at the end of 2003 to take over the operation of the water company and to create a water district that included the approximately 30 present customers plus some nearby properties. After reviewing documentation provided by the owners of company and engaging an independent engineering firm to review the equipment and potential for expansion, the Town Board voted not to take over the private company’s operations. This decision was based on the significant level of capital expenditures that would be required in order to make the system compliant with current and proposed regulations (estimated to be more than $100,000), high operating costs (as much as $2,000 per household
annually), the Town’s lack of resources to manage and operate such a company, and the limited potential for service area expansion. As the company is regulated by the New York State Public Service Commission, current customers can be assured of undisrupted access to adequate quantities of quality drinking water at affordable rates without the Town’s intervention.
The Town is in discussions with the owners of a large family-owned farm on Route 209 and with a private not-for-profit organization to determine if the land can be protected through the purchase of the development rights to the land. This solution would protect a valuable and scenic part of our Town’s heritage from haphazard development and enable the property owner to continue to operate the family farm. These discussions were prompted by interest from out-of-state developers who had hoped to put 100 condominium units and a strip mall on the property. While these discussions are continuing, this demonstrates the need in our community for a broad discussion of land use issues, including an inventory of our Town’s resources and needs, and a list of land use priorities. During 2004, I participated in a Pace
University-sponsored program on this subject with officials from other Hudson Valley towns, which helped me appreciate the resources that our community has and the need to protect them by instituting sensible development policies that balance inevitable growth with the preservation of our community’s rural character.
In April 2004, we conducted a series of open meetings that culminated in an all-day workshop open to all residents in May called “Imagine Rochester.” All together, approximately 300 residents, representing all sectors of our community, discussed what our Town’s priorities should be and exchanged ideas on how our Town government might work to assist in the implementation of these priorities. Among them:
Improved communication on matters of importance in our town. To address this issue, the Town will soon be inaugurating an official town website with information on Town government (including meeting minutes). We also expect to distribute the first Town newsletter in the first quarter of 2005, which will include a survey to get residents’ opinions on a number of subjects, including community development, land use and taxes.
Improved Zoning Enforcement. The Town Board is in the process of filling a building inspector vacancy, which should alleviate the workload of our existing code enforcement officer. The hiring of Chazen, a land use planning firm, to assist in applications before the Planning Board should also streamline the application process and ensure more consistent and comprehensive enforcement of our Town’s codes in the planning stage.
Conduct a community resources asset inventory and determine what our community needs (i.e. affordable housing for working
families and senior citizens, cultural and educational facilities, entertainment and recreation, etc.) and work to create development zones.
Conclusion
My first year as Supervisor was a productive one in which the Town Board resolved many long-standing issues. This included many personnel and structural issues that, now addressed, will provide a stronger, more efficient organization and improve the level of service that our Town government provides to our residents.
This year, we worked on finding ways to save money through better financial controls, avoidance of expensive expansion, reduction of potential liability issues, and working with neighboring communities to find ways to alleviate the burden of property taxes. We worked to improve open government by making meetings of various town entities more accessible with clearer goals and responsibilities and by formalizing employee job descriptions in an attempt to provide the best possible service to our Town’s residents.
I would like to thank my colleagues on the Town Board, our Town’s employees, and the many residents who have expressed their thoughts for making this a successful year and hope that I can count on their continued support in helping our Town’s government make the decisions that are the best for our community’s long-term well-being. If you would like to discuss any of the topics that I have covered, or any that I haven't, please don’t hesitate to contact me.
Sincerely,
Pam Duke
Town Supervisor
| 
