Town of Rochester Town Board
Regular Meeting
Dec. 5 2019 6:30pm
Town of Rochester Town Hall, 50 Scenic Dr, Accord, NY
As of 12-03-2019

I. Call to Order – Pledge to The Flag – Roll Call

II. Meeting Calendar
Dec. 9 Planning Board Regular Meeting Harold Lipton Community Ctr 7pm
Dec. 12 Environmental Conservation Commission Town Hall 6:30pm
Dec. 13 Holiday Brunch Harold Lipton Community Ctr 10:30am
Dec. 13 Youth Holiday Party Harold Lipton Community Ctr 5pm
Dec. 16 Historic Preservation Commission Town Hall 2pm
Dec. 18 Youth Commission Harold Lipton Community Ctr 9:30am
Dec. 18 Ulster County Legislature County Office Bldg., Kingston 7pm
Dec. 19 ECC 3rd Thursday Nature Series Town Hall 6:30pm
Dec. 19 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Dec. 24 Town Offices + Transfer Station Close @ 2:30pm
Dec. 25 Town Offices Closed – Christmas
Dec. 30 Planning Board Workshop Harold Lipton Community Ctr 6:30pm
Dec. 30 (MON) Town Board Audit/Workshop Meeting Town Hall 6pm
Dec. 31 Town Offices + Transfer Station Close @ 2:30pm
Jan. 1 Town Offices Closed – New Years Day
Jan. 2 Town Board Organizational/Regular Meeting Town Hall 6:30pm

III. Supervisor’s Report
• Nov. 2019 – Filed with the Town Clerk

IV. Attorney for the Town Update

V. Supervisor’s Update/Correspondence Report

VI. Dept. Updates/Liaison Reports

VII. Highway Supt. Report

VIII. Chief Constable Report

IX. Board Member Time

X. Public Comment

XI. Presentation
• NYMIR Insurance-Marshall & Sterling

XII. Discussion
• Barracuda Swim Team request
• Cell Tower lease

XIII. Resolutions
A. Action on Minutes
Recommended resolution; accepting the minutes of the meetings listed;
Nov. 7, 2019 Regular Meeting
Nov. 14, 2019 Special Meeting
Nov. 26, 2019 Audit/Budget Workshop Meeting

B. 2019 Budget Modifications
Recommended resolution; The Town Board authorizes modification of the 2019 General Fund and Highway Fund budgets, as presented by the Town Supervisor.

C. Acceptance of Donation
Recommended resolution; The Town Board authorizes the Town Supervisor to accept donations toward the Thanksgiving Luncheon in the amount of $544 from the following groups and individuals; Rochester Residents Association-$250, Rochester Seniors-$25, Jim Ayers-$20, Kerhonkson/Accord Jewish Seniors-$60, Alan & Arlene Levine-$75, Evelyn VanKleek-$10, cash from various people-$104, and turkeys from Gary & Donna Palmer.

D. Training of New Elected Officials
Recommended resolution; The Town Board authorizes the Town Supervisor to make expenditure to the Association of Towns for the Newly Elected Officials Training School to be held in Albany in January.

E. Prepayment of 2020 Retirement Billing
Recommended resolution; The Town Board authorizes the Town Supervisor to make expenditure to the New York State Retirement Fund for the prepayment of the 2020 town employee retirement billing.

F. Scheduling the 2020 Organizational Meeting
Recommended resolution; The Town Board establishes the date and time for the 2020 Town of Rochester Organizational meeting as Thursday January 2, 2020 at 6:30pm at the Town of Rochester Town Hall, 50 Scenic Road, Accord, NY 12404 and requests the Town Clerk to circulate notice. The Town of Rochester Regular monthly meeting will immediately follow at the conclusion of the Organizational Meeting.

G. Filling of Boards & Commissions Vacancies
Recommended resolution; The Town Board requests the Town Clerk advertise the following vacancies on volunteer Town boards and commissions:
Planning Board (1 member, 1 alternate member), Zoning Board of Appeals (2 members), Historic Preservation Commission (8 members), Environmental Conservation Commission (4 members), Youth Commission (2 members), Ethics Board (1 member), Board of Assessment Review (1 member), Trails Committee (2 members) with applications due on or before end of day Thurs. Jan. 23, 2019.
Applications shall consist of a letter of interest for the position including either a resume or experience and qualifications statement. The Supervisor will contact those members whose terms have expired to request letters of interest for reappointment.
Interviews to be scheduled Jan. 30, 2018 during the audit/workshop meeting to be held at Town of Rochester Town Hall at 6:00pm.
Any current member seeking reappointment has the opportunity to be interviewed, but it will not be required.

H. Renewal of Racing Permit
Recommended motion; The Town Board of Rochester authorizes the racing permit renewal to Accord Speedway, Inc., pursuant to Town of Rochester Code §107-4C and all other conditions as specified in Town of Rochester Code §107.
Such permit is authorized only contingent upon presentation of the following proofs to the Town prior to commencement of the 2020 racing schedule.
1. Each year an Ulster County Health Department permit shall be required for all food concessions on the racetrack premises as a condition precedent to obtaining a permit from the town to operate said racetrack.
2. The applicant shall provide proof of compliance with Ulster County Health Department regulations as they pertain to lavatories and septic facilities as a condition precedent to obtaining a permit from the town to operate said racetrack.
3. Liability insurance. The permittee shall at all times maintain in full force and effect a public liability insurance policy in amounts not less than $1,000,000 for damages in which one person is killed or injured per occurrence and not less than $2,000,000 for damages in which more than one person is killed or injured per occurrence. A certificate of insurance naming the Town of Rochester as an additional insured must be filed with the Town Clerk at least five days prior to the first date of racetrack usage specified in the permit. Said certificate shall bear the, name of the insurance company, the policy number, the term of the policy, the above-specified amounts and the name and address of the permittee’s insurance agent.
4. The permit holder shall deposit with the Town Clerk $1000 for the Town Code Enforcement Officer’s use in hiring an independent sound expert to perform sound measurements and issue report(s) to the Town Board and the Code Enforcement Officer with respect to the permit holder’s compliance with the noise requirements of this chapter. This amount is for one testing. Should additional testing be determined to be warranted for said measurements; which may be taken two times during the racing season at the sole expense of the permit holder; an additional $1000 shall be required at such time. Additional measurements above two obtained by the town during the racing season shall be at the sole expense of the town.
5. The Town Board grants the Supervisor the authority to review and certify these conditions have been complied with without further resolution

The Town Board further accepts the racing schedule as presented for 31 actual racing dates and 16 potential rain dates. Dates listed as rain dates may be utilized only to replace a rained out approved event date.

The Town Board further states, upon verification with the Code Enforcement Officer, there are no outstanding notices of violation issued by the Town and required sound testing for 2019 occurred on Aug. 9, 2019.

I. Establish Policy for Land Use Application Review Fees
Recommended resolution;
Whereas, the Town Board recognizes the expenditure of town funds for Town of Rochester land use application reviews has risen in the past several years due to unique applications requiring considerable study and review; and
Whereas, these expenditures are no longer being substantially covered by application fees and the Town Board believes the cost of these expenditures is no longer sustainable being made solely from the general fund account; and
Whereas, the Town Board recognizes and believes increasing application fees to meet these expenditures is not the preferred solution as all applications are unique and do not require similar review; and
Whereas, the Zoning Code of the Town of Rochester, § 140-63(B)(1) Professional fees, expenses and escrow requirements, empowers the Town Board, the Planning Board, the Zoning Board of Appeals and the Building Department to charge an applicant the reasonable and necessary expenses incurred for public hearing notices and for professional fees incurred by any of those Boards or the Building Department as a result of professional work required to be performed on behalf of any of said Boards or the Building Department as a result of the filing of an application seeking approval by that Board or the Building Department; and
Whereas, for the purpose of § 140-63, professionals shall include, but not be limited to, engineers, attorneys (limited to application-related research), planning consultants, architects, traffic consultants and noise consultants; and
Therefore,
Effective December 6, 2019 with the adoption of this policy, all such professional fees shall be charged back to the applicant with full payment being required to be made prior to granting of the permit; and further
This policy shall apply to professional fees for all open applications, whether existing or new; and further
The expenditure of fees for the regular monthly meeting attendance and general review of an application by the Attorney for the Town shall be covered by application fees and exempted from this reimbursement; and further
Specific appeals for relief of fees imposed by this policy shall be made in writing to the Town Supervisor and relief shall only be made upon resolution by the Town Board; and further
Pursuant to § 140-63, creation of an escrow account may be required simultaneously with the filing of an application for approval of a development and prior to the commencement of the review of the application; and further
The applicant or developer, as the case may be, shall deposit with the Town Supervisor a sum of money, as determined in Subsection B(1) of § 140-63, which sum shall be used to pay the costs incurred by the Town for consulting, engineering and legal services as described in this section; and further
The Town Supervisor shall make this change in policy known to all departments and boards to which this may apply.
XIV. Executive Session
Recommended motion; The Town Board motions to enter into executive session for the purpose of discussion of matters leading to the employment of particular persons in the highway department.

XV. Adjournment