THE ANNUAL ORGANIZATIONAL Meeting was held at the Town Hall on
January 3, 2013 at 7:00pm.
PLEDGE:
Supervisor Chipman welcomed them to the first meeting of the year, and Mike Baden led the Pledge of Allegiance to the flag.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilman Drabkin Councilman Spano Town Clerk Gundberg
Attorney Christiana
VOTING PROCEDURES:
Resolution #1 of 2013:
A Resolution was made by Councilman Cilenti that voting of the Town Board will be taken by ayes and noes, unless a roll call vote is requested by a Council Member. In accordance with Town Law, the Town Clerk or appointed minute taker shall keep a record of the vote of each Council member for each vote.
Seconded by: Councilwoman Archer Unanimously approved
SELECTION OF REGULAR TOWN BOARD MEETING DATES:
Resolution # 2 of 2013:
A Resolution was made by Councilman Cilenti that the regular Town Board meetings shall be held at Town Hall at 7PM on the first Thursday of each month unless such date is a Town Holiday. The Town Clerk shall be authorized and directed to place appropriate legal notices of these dates.
Seconded by: Councilwoman Archer Unanimously approved
Resolution # 3 of 2013:
A Resolution was made by Councilwoman Archer that the meetings of the Town Board to audit the Town’s monthly bills shall be held on the last Thursday of the month at 7PM unless such date is a Town Holiday, or due to a scheduling conflict. These meetings shall be followed immediately by the Town Board Workshop meeting and the Town Clerk shall be authorized and directed to place required legal notices of these dates.
Seconded by: Councilman Cilenti Unanimously approved
Resolution #4 of 2013:
A Resolution was made by Councilman Drabkin that Provident Municipal Bank, M&T Bank, Bank of America, and Key Bank Corp., shall be the depositories for Town Funds and that the Supervisor shall be authorized without limit to deposit funds at said financial institutions and other banks and trust companies that meet New York State criteria for such institutions in order to obtain the most favorable rates and charges available.
Seconded by: Councilman Spano Unanimously approved
Resolution #5 of 2013:
A Resolution was made by Councilman Cilenti that the Shawangunk Journal, a newspaper regularly published in Ulster County and having a general circulation in this Town, being a newspaper entered as a second class mail matter, shall be designated as the Town’s official newspaper. Legal notices may also be published in the Kingston Daily Freeman in the event that the Shawangunk Journal is not available in a timely manner.
Seconded by: Councilwoman Archer Unanimously approved
Resolution #6 of 2013:
A Resolution was made by Councilman Cilenti that the firm of Sickler, Torchia, Allen, & Churchill, C.P.A.’s P.C. shall be appointed as Independent Auditor/Certified Public Accountants for the Town for the fiscal year ending December 31, 2013 and that the annual compensation for such services not exceed $18,000.
Seconded by: Councilman Spano Unanimously approved
Resolution #7 of 2013:
A Resolution was made by Councilman Drabkin that Mary Lou P. Christiana of Kingston, NY shall be appointed Attorney for the Town at a hourly rate of $150.00 and that the Supervisor shall be authorized to retain additional counsel as necessary and appropriate at applicable contracted rates.
Seconded by: Councilwoman Archer Unanimously approved
Resolution #8 of 2013:
A Resolution was made by Councilwoman Archer that The Town’s delegate to the Annual Meeting of the New York Association of Towns shall be the Supervisor. The alternate delegate shall be the Town Clerk. In addition, the following shall be authorized to attend: Highway Superintendent, two Councilpersons, two Town Justices, one Zoning Board of Appeals member, and one Planning Board member or two members from either board. All attendees shall be entitled to reimbursement up to $425.00 per attendee upon audit with receipts submitted to the Town.
Seconded by: Councilman Spano Unanimously approved
Resolution #9 of 2013:
A Resolution was made by Councilman Cilenti that persons using personal vehicles in the conduct of Town business shall be eligible for reimbursement at the rate of $0.500 per mile (as dictated by the IRS) for documented use with prior authorization from their department head, the Supervisor, or the Town Board.
Seconded by: Councilman Spano Unanimously approved
Resolution # 10 of 2013:
A Resolution was made by Councilman Cilenti the Town’s authorized petty cash funds shall be as follows:
Town Clerk/Tax Collector $ 300.00
Superintendent of Highways 100.00
Office of Code Enforcement 50.00
Planning Board/ZBA 50.00
Youth Recreation Director 200.00
Supervisor Office 100.00
and that each Department Head shall be responsible for the accounting of such funds in accordance with Section 118 of town Law.
Seconded by: Councilman Spano Unanimously approved
Resolution #11 of 2013:
A Resolution was made Councilman Cilenti that the Procurement and Investment Policies of the Town shall be adopted as written, subject at all times to future revision by the Town Board.
Seconded by: Councilman Spano Unanimously approved
Resolution #12 of 2013:
A Resolution was made by Councilman Drabkin that Pursuant to Town Law, Section 29(16), the Town Board hereby authorizes and delegates to the Town Supervisor powers and duties of day-to-day administration and supervision of all town and special district facilities and employees consistent with and in furtherance of, any and all County, State, and Federal laws applicable thereto and with any and all local laws, resolutions or policies heretofore or hereafter adopted by this Town Board.
Seconded by: Councilman Cilenti Unanimously approved
Resolution #13 of 2013:
A Resolution was made by Councilman Cilenti that the positions listed on the attached Salary and Wage Schedule for Elected and Appointed Positions shall be created or affirmed for one year, and that the holder of each position shall be paid at the rate specified therein, subject to the amounts budgeted therefore, effective as of January 1, 2013. All appointments shall serve for a term of one year, subject to the pleasure of the Town Board or as mandated by New York State Statute.
Seconded by: Councilwoman Archer Unanimously approved
Salary and Wage Schedule for Elected and Appointed Positions
(Unless specified by law – each appointment is for one year)
TITLE RATE OF COMPENSATION
SUPERVISOR Carl Chipman $30,790 Annually
COUCILPERSONS Lynn Archer 5,200 Annually
Tavi Cilenti 5,200 Annually
Brian Drabkin 5,200 Annually
Tony Spano 5,200 Annually
TOWN CLERK Kathleen Gundberg 39,426 Annually
SUPERINTENDANT OF HWY Wayne F. Kelder 46,026 Annually
TOWN JUSTICE Albert Babcock 13,220 Annually
TOWN JUSTICE Paul Shaheen 13,220 Annually
RECORDS MANAGEMENT OFFICER Kathleen Gundberg 1,872 Annually
ASSESSOR Cynthia Stokes 42,678 Annually
COURT CLERK (FT) Sonia Kortright 32,805 Annually
CLERK TO THE JUSTICES (PT) Barbara Shultis/ Cynthia Brooks 12.00 hourly
SEC/BOOKKEEPER TO SUPERVISOR Shirley Lamon 15.61 Hourly
BUDGET OFFICEER Carl Chipman 6,000 Annually
ASSESSMENT FIELD WORKER Ruthann Rabuffo 15.61 Hourly
SECRETARY TO HWY SUPT. Merci Sciarrino 16.33Hourly
DEPUTY HWY SUPT. Jeffrey Frey 2,000 Annually
1st DEPUTY TOWN CLERK Christina Ferrara 16.33 Hourly
2nd DEPUTY TOWN CLERK Loretta Terwilliger 13.33 Hourly
TRANSFER STATION OPERATOR Wayne Kershaw 42,150 Annually
SOLID WASTE ATTENDANT Harry Worden 16.33 Hourly
MUNICIPAL WORKER 1- CLEANER Howard Cole 13.45 Hourly
COURT OFFICE Thomas Ryan 13.58 Hourly
YOUTH RECREATION DIRECTOR Carol Dennin 39,616 Annually
ASST. TO YOUTH DIRECTOR Valerie Weaver 16.33 Hourly
YOUTH RECREATION COORD. 10.50 Hourly
ANIMAL CONTROL OFFICER Jill Shufeldt 11,905 Annually
SOCIAL SERVICES OFFICER Carl Chipman 0
ENFORCEMENT OFFICER Albert Davis 42,678 Annually
SECRETARY TO CEO Brenda Striano 17.95 Hourly
SECRETARY TO P.B. & Z.B.A. Rebecca Paddock-Stange 15.67 Hourly
TAX COLLECTOR Kathleen Gundberg 2,575 Annually
BKPR. TO SUPERVISOR & TOWN CLERK Suzanne Alvarez 22.50 Hourly
REGISTRAR OF VITAL STATISTICS Kathleen Gundberg 1,698 Annually
Resolution #14 of 2013:
A Resolution was made by Councilman Cilenti that the Approval of Highway Department Pay Schedule in accordance with the terms of the current IBEW Local # 1968 Contract in force, subject to amendment upon the adoption of an updated contract:
Classification Rate
Laborers $ 21.19 Hourly
MEOs/Drivers 22.74 Hourly
HMEOs 23.75 Hourly
HMEOs/Mechanics 24.29 Hourly
Working Supervisor 24.94 Hourly
Seconded by: Councilman Spano Unanimously approved
Resolution #15 of 2013:
A Resolution was made by Councilman Spano that the office of Deputy Supervisor shall be established by the Town.
Seconded by: Councilwoman Archer Unanimously approved
SUPERVISOR APPOINTMENTS:
The following are appointments by the Supervisor:
Deputy Supervisor Councilman Cilenti
Confidential Secretary/Bookkeeper to Supervisor Shirley Lamon
Budget Officer Carl Chipman
Liaison to Board of Assessment Review Councilman Cilenti
Liaison to Youth Commission Supervisor Chipman
Liaison to Highway Department Councilman Drabkin
Liaison to Solid Waste Facility Councilman Drabkin
Liaison to ZBA Councilman Drabkin
Liaison to Planning Board Councilwoman Archer
Liaison to Environmental Comm. Supervisor Chipman
Liaison to Parks and Recreation Supervisor Chipman
Liaison to Historic Preservation Comm. Councilwoman Archer
Liaison to Cablevision Committee Supervisor Chipman
Liaison to Insurance Carriers Supervisor Chipman
Liaison to Assessor Councilman Cilenti
Liaison to Code Enforcement Councilman Spano
Liaison to Fire Districts Councilman Spano
Liaison to the Court Councilman Drabkin
FOIL Appeals Officer Supervisor Chipman
Resolution #16 of 2013:
A Resolution was made by Councilman Spano allowing authorization of the Supervisor to pay claims in advance of audit bills submitted by health insurance providers, telephone, electric, gas utility companies, and all other fixed monthly bills, as well as credit card bills for normal purchases up you a limit of $1,000.
Seconded by: Councilman Cilenti Unanimously approved
OFFICE OF TOWN CLERK:
Town Clerk Gundberg has appointed the following deputies to serve at her pleasure:
1st Deputy Town Clerk/Deputy Registrar: Christina Ferrara
2nd Deputy Town Clerk (PT) Loretta Terwilliger
The Town Clerk is authorized to engage alternate Deputies as needed.
Resolution #17 of 2013:
A Resolution was made by Councilman Cilenti that Kathleen Gundberg shall be appointed to serve as Registrar of Vital Statistics, Tax Collector, and Records Management Officer.
Seconded by: Councilman Spano Unanimously approved
Resolution #18 of 2013:
A Resolution was made by Councilman Cilenti that 1st Deputy Town Clerk shall be authorized to fulfill all the duties of the Town Clerk in her absence and shall be compensated in accordance with the Salary and Wage Schedule, that 2nd Deputy Town Clerk shall be authorized to fulfill all the duties of the Town Clerk in her absence and shall be compensated in accordance with the Salary and Wage Schedule.
Seconded by: Councilman Spano Unanimously approved
OFFICE OF SUPERINTENDENT OF HIGHWAYS:
As the position of Deputy Highway Superintendent was created and authorized by resolution of the Town Board, Superintendent of Highways, Wayne Kelder, has appointed Jeffrey Frey to that position, to serve at his pleasure.
Resolution #19 of 2013:
A Resolution was made by Councilwoman Archer authorizing the Highway Superintendent to purchase equipment and supplies in amounts not to exceed $5,000 without prior approval of the Town Board, except in the case of emergency repairs where statutory limits would apply.
Seconded by: Councilman Cilenti Unanimously approved
Resolution #20 of 2013:
A Resolution was made by Councilman Spano that the Town Board authorizes the following personnel appointments:
that Sonia Kortright be appointed to serve as full time Clerk of the Court on the advice and consent of the Justices of the Town;
that Cynthia Brooks & Barbara Shultis be appointed to serve as part time Clerks of the Court on the advice and consent of the Justices of the Town;
that Jill Shufeldt be appointed to serve as Dog Control Officer;
that Ruthann Rabuffo be to serve as appointed Assessment Field Worker;
that Merci Sciarrino be appointed to serve as Secretary to the Highway Superintendent;
that Wayne Kershaw be appointed to serve as Transfer Station Operator;
that Harry Worden be appointed to serve as Solid Waste Attendant;
that Howard Cole be appointed to serve as Municipal Worker 1, Cleaner;
that Carol Dennin be appointed to serve as Youth Recreation Director;
that Valerie Weaver be appointed to serve as Assistant Youth Recreation Director;
that Youth Recreation Coordinators and Assistants be appointed from time to time by the Youth Recreation Director with the consent of the Supervisor.
that Thomas Ryan be appointed to serve as Court Officer, and shall fulfill the training and certification required by the State of new York for this position;
that Brenda Striano be appointed to serve as Secretary to the Office of Code Enforcement;
that Rebecca Paddock-Stange be appointed to serve as Secretary to the Planning Board and the Zoning Board of Appeals;
that Suzanne Alvarez be appointed to serve as Bookkeeper for the
offices of the Supervisor and Town Clerk;
that Albert Davis be appointed to serve as Code Enforcement Officer for the Town.
Seconded by: Councilman Drabkin Unanimously approved
Resolution #21 of 2013:
A Resolution was made by Councilman Spano that Alice Schoonmaker be appointed Town Historian.
Seconded by: Councilman Cilenti Unanimously approved
Resolution #22 of 2013:
A Resolution was made by Councilwoman Archer that the Town Board hereby approves the following contractual service expenditures for the fiscal year ending December 31, 2013 and authorizes the Supervisor to execute on behalf of the Town any related contracts;.
AMBULANCE Kerhonkson-Accord First Aid Squad $22,000
VETERAN SERVICES VFW Post #8959 1,000
JOINT RECREATIONAL Indian Valley Little League 900
PROJECTS Babe Ruth League 900
Kerhonkson Pool 20,000
Little Ones Learning Center 5,100
LIBRARY SERVICES Ellenville Public Library 13,750
Stone Ridge Library 12,500
ADULT RECREATION Kerhonkson-Accord Golden Seniors 1,000
Kerhonkson-Accord Jewish Seniors 500
Rochester Senior Citizens 3,000
Shawangunk Valley Seniors 500
MUSEUM Friends of Historic Rochester 5,000
COMM. DEVELOPMENT Kerhonkson/Accord Chamber of Commerce 100
Accord Fire Ladies Auxillary 1,000
Historian 500
Seconded by: Councilman Drabkin Unanimously approved
Resolution #23 of 2013:
A Resolution was made by Councilman Cilenti that the insurance contract submitted by Sprague and Killeen be ratified for the year 2013.
Seconded by: Councilman Spano Unanimously approved
Resolution #24 of 2013:
A Resolution was made by Councilman Spano that the following are designated holidays for 2013:
1/1/13 New Years Day
1/21/13 Martin Luther King Day
2/18/13 President’s Day
5/27/13 Memorial Day
7/04/13 Independence Day
9/02/13 Labor Day
10/14/13 Columbus Day
11/11/13 Veteran’s Day
11/28/13 Thanksgiving Day
11/29/13 Day after Thanksgiving
12/25/13 Christmas Day
Seconded by: Councilman Cilenti Unanimously approved
Resolution #25-2013:
A Resolution was made by Councilman Drabkin to appoint Gerald Fornino to serve as Emergency Management Coordinator.
Seconded by: Councilman Cilenti Unanimously approved
ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the Organizational meeting at 7:20pm.
Seconded by: Councilman Spano Unanimously approved
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Town of Rochester Town Board Meeting was held on January 3, 2013 immediately following the 2013 Organizational Meeting.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilman Drabkin Councilman Spano Town Clerk Gundberg
Attorney Christiana
PUBLIC COMMENT:
Charles Logan spoke on behalf of the Palentown School thanking the Town Board for approving the roof repair and the HPC for using budget money to pay towards such repairs. He also stated that due to Hurricane Sandy trees fell and they’re resting on some of the electrical wires. After speaking with Highway Superintendent Wayne Kelder it was recommended to hire an insured tree service company to remove such trees. Mr. Logan presented a quote from Joe Guiditta in the amount of $ 900.00. The board explained that they would need 2 more quotes before the job would be completed.
Mike Baden announced that he was appointed secretary to the Ulster County Planning Board. Congrats to Mike!! The grant money for the planning and zoning database is on its way, a few months behind but is on its way.
Supervisor Chipman thanked both Mike and Becky for all the hard work in completing the grant application.
APPROVAL OF MINUTES:
A Motion was made by Councilman Cilenti to approve the minutes of the 12/6/2012 Town Board meeting and the 12/27/2012 Audit Workshop Meeting.
Seconded by: Councilman Spano 5-0 aye, motion carried
SUPERVISORS REPORT: Filed with the Town Clerk
SUPERVISOR UPDATE:
Supervisor Chipman at the close of the 2012 year he would like to thank the Town Board, volunteer members to our boards and commissions for all the efforts. Thanks to Mike Baden for all he does with the Town website. Manuela Michailescu for sharing Town events and photos with the local papers. The rescue squad and our volunteer fireman and ladies auxillary for a job well done.
LEGAL UPDATES: nothing to report
LIASION REPORTS:
Councilwoman Archer: nothing to report
Councilman Cilenti: nothing to report.
Councilman Spano: nothing to report
Councilman Drabkin: transfer station was at a loss for the month of December possibly due to the weather but uncertain at this time.
Supervisor Chipman: At the Senior Holiday brunch Angie Hasbrouck was named friend of Mary Lee youth award. A junior youth award was presented to Tim Bruck.
2013 ACCORD SPEEDWAY SCHEDULE:
Resolution # 26-2013:
A Motion was made by Councilwoman Cilenti to approve the 2013 Accord Speedway schedule for 2013.
Seconded by: Councilman Spano 5-0aye, motion carried
APPOINTMENTS FOR BOARDS AND COMMISSIONS:
Resolution # 27-2013: BOAR
A Motion was made by Councilwoman Archer to reappoint Claude Suhl to the Board of Assessment Review with a term to expire 09/30/2017.
Seconded by: Councilman Spano 5-0aye, motion carried
Resolution # 28-2013: ECC
A Motion was made by Councilwoman Archer to appoint Shelley Tran to the Environmental Conservation Commission with a term to expire 12/31/2015.
Seconded by: Councilman Drabkin 5-0aye, motion carried
Resolution #29-2013: HPC
A Motion was made by Councilwoman Archer to reappoint Alice Schoonmaker to the Historic Preservation Commission with a term to expire 12/31/2015.
Seconded by: Councilman Drabkin 5-0aye, motion carried
Resolution # 30-2013: HPC
A Motion was made by Councilwoman Archer to reappoint Ward Mintz to the Historic Preservation Commission with a term to expire 12/31/2015.
Seconded by: Councilman Spano 5-0aye, motion carried
Resolution # 31-2013: PB
A Motion was made by Councilman Drabkin to reappoint Robert Rominger to the Planning Board with a term to expire 12/31/2019.
Seconded by: Councilman Spano 5-0aye, motion carried
Resolution # 32-2013:PB
A Motion was made by Councilman Spano to reappoint Rob Case to serve as the Planning Board alternate with a term to expire 12/31/2014.
Seconded by: Councilwoman Archer 5-0aye, motion carried
Resolution # 33-2013: YC
A Motion was made by Councilwoman Archer to reappoint Jessica Knapp to the Youth Commission with a term to expire 12/31/2015.
Seconded by: Councilman Drabkin 5-0aye, motion carried
Resolution # 34-2013:YC
A Motion was made by Councilwoman Archer to reappoint Sue Matson to the Youth Commission with a term to expire 12/31/2015.
Seconded by: Councilman Spano 5-0aye, motion carried
Resolution # 35-2013:ZBA
A Motion was made by Councilman Drabkin to reappoint John Dawson to the Zoning Board of Appeals with a term to expire 12/31/17.
Seconded by: Councilman Spano 5-0aye, motion carried
Resolution # 36-2013: ZBA
A Motion was made by Councilwoman Archer to reappoint Charlie Fischer to serve as the alternate of the Zoning Board of Appeals.
Seconded by: Councilman Drabkin 5-0aye, motion carried
Resolution # 37-2013: PB
A Motion was made by Councilman Drabkin to appoint Mike Baden to serve as Chair of the Planning Board.
Seconded by: Councilman Spano 5-0aye, motion carried
Resolution # 38-2013:
A Motion was made by Councilwoman Archer to appoint Rob Rominger to serve a Vice-Chair of the Planning Board.
Seconded by: Councilman Spano 5-0aye, motion carried
Resolution # 39-2013:ZBA
A Motion was made by Councilman Spano to appoint Bea Haugan-Depuy Chair of the Zoning Board of Appeals.
Seconded by: Councilwoman Archer 5-0aye, motion carried
Resolution # 40-2013:ZBA
A Motion was made by Councilwoman Archer to appoint Cliff Mallory Vice-Chair of the Zoning Board of Appeals.
Seconded by: Councilman Drabkin 5-0aye, motion carried
Resolution # 41-2013:HPC
A Motion was made by Councilwoman Archer to appoint Alice Cross Chair of the Historic Preservation Commission.
Seconded by: Councilman Spano 5-0aye, motion carried
Resolution # 42-2013: ECC
A Motion was made by Councilman Spano to appoint Laura Finestone Chair of the Environmental Conservation Commission.
Seconded by: Councilman Cilenti 5-0aye, motion carried
Resolution # 43-2013:ECC
A Motion was made by Councilwoman Archer to appoint Steven Rice Vice-Chair to the Environmental Conservation Commission.
Seconded by: Councilman Drabkin 5-0aye, motion carried
Resolution # 44-2013: YC
A Motion was made by Councilwoman Archer to appoint Jessica Knapp to Chair to the Youth Commission.
Seconded by: Councilman Spano 5-0aye, motion carried
Resolution # 45-2013:
A Motion was made by Councilwoman Archer to appoint Pam Stocking to Vice-Chair of Youth Commission.
Seconded by: Councilman Drabkin 5-0aye, motion carried
TRAFFIC STUDY ON LUCAS AVENUE:
Resolution # 46-2013:
A Motion was made by Councilwoman Archer to request that the NYDOT perform a traffic study on Lucas Ave from the intersection of US Route 209 to the Town line as requested by Ulster County Department of public works.
Seconded by: Councilman Drabkin 5-0aye, motion carried
Resolution # 47-2013:
A Motion was made by Councilman Drabkin to adopt Local Law # 1-2013: Amending Chapter 132 of the Town of Rochester Code.
Seconded by: Councilwoman Archer 5-0aye, motion carried
Resolution # 48-2013:
A Motion was made by Councilman Spano to prohibit parking on Webster Ave from Sheldon Drive to the dead end private road at all times.
Seconded by: Councilman Cilenti 5-0aye, motion carried
Resolution # 49-2013:
A Motion was made by Councilman Drabkin to approve repairs to the roof and siding of the Town Courthouse by Chad’s Catskill Construction in the amount of $ 1,500.00.
Seconded by: Councilman Spano 5-0aye, motion carried
ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the meeting at 7:50pm in memory of William Avery Sr.
Seconded by: Councilman Drabkin 5-0aye, motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
The Audit/Workshop Meeting was held on January 31, 2013 at 7:00pm at the Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Archer Councilman Cilenti
Councilman Drabkin Councilman Spano Town Clerk Gundberg
PLEDGE:
Supervisor opened the meeting and Councilman Cilenti led the Pledge of Allegiance to the Flag.
PURCHASE OF GENERATOR:
A Motion was made by Councilman Cilenti to purchase two 30K W Diesel generators ( 4wire, 1 or 3 phase power, 120V or 240V) at the price of $ 500.00 each.
Seconded by: Councilwoman Archer 5-0 aye, motion carried
ZONING /SUBDIVISION CODE ENHANCEMENTS:
Proposal: Amendments to Chapter 140 (Zoning) of the Town of Rochester Code._
Page 1 of 6
Preface: In September 2009, after a 5 year process of updating the Town Comprehensive
Plan and the work and review of two Task Force committees, the Town of
Rochester adopted a complete rewriting of the Zoning Code. This code has
survived legal challenge and has been proven to work well in the three years since
that adoption. However with the implementation of the code the Planning and
Zoning office and the Code Enforcement Office have discovered some areas that
need adjustment.
This proposal of amendment is the culmination of review of the current code
application and four months of discussion and meetings held between Mike Baden
[Planning Board Chairman], Rebecca PaddockStange [Planning and Zoning office],
“Jerry” Davis [Code Enforcement Officer], and Brenda Striano [ Code Enforcement
office]. This summary will address the changes on an overview topical basis and
the complete amended text is presented for your consideration.
Summary: These proposed amendments to the zoning code are primarily of a “cleanup”
nature. Given the 2009 local law involved a complete rewriting of the code it is a
normal occurrence to revisit a code after it has been implemented. In most
instances of change, wording is altered to better clarify the intent of the code. A
few new land use descriptions have been added to further aid Code Enforcement
in the determination of zoning permits. Likewise, processes and procedures are
addressed to better convey intent and to correct minor errors and omissions.
Changes that have occurred in both Federal and State law since adoption are
addressed with this update. This amendment also corrects a few formatting,
spelling, and grammatical errors.
Update: Please see the specific text “redlined” code for a complete amended version of
the code, showing both the old and new edited version. Please note all edits made
to the text are viewable in the red print. Added wording is in red. Where wording
is deleted it is in red and has a line drawn through it.
In the Schedule of Zoning Use, changes follow this same format. However, where
blue print is used in the Schedule, these are uses which exist in the current code
but were included only in the text of the code and were not specifically detailed in
the Schedule.
Proposal: Amendments to Chapter 140 (Zoning) of the Town of Rochester Code._
Page 2 of 6
Overview Summary of Amended Chapters
A. Definitions
This section has undergone the largest change. The definitions section of a land use code is of
great importance because the definitions are the basis of the words used throughout the code
and are what would be reviewed by the courts in a legal challenge.
• Code Enforcement has requested better intent of wording of some definitions.
Definitions did not clearly address the exact usage or intent. Some definitions amended
for clarity.
• Adds definitions of new uses and terms which have been identified as warranting
specific definition.
o Adaptive Reuse
o Agricultural Building
o Agricultural Retail Sales
o Animal Husbandry
o Auction House or Barn
o Commercial Events Facility
o Shared Driveway
o Emergency Services
o Farm Operation
o Fence
o Agricultural Fence
o Flea Market (Swap Meet)
o Gasoline Filling Station
o Infrastructure
o Inn
o Library
o Low Impact Health Care Practice
o Mulch or Compost Processing facility
o Municipal Parking
o Private Road
o Retail Establishments (Vehicle and Equipment)
o Service Establishment (Vehicle and Equipment)
o Temporary Structure
• Added definitions of words that are common land use terminology but were not
specifically defined in the code.
• Definitions are added or amended to reflect the exact wording of other statutes such as
state law or building code.
• Discrepancies exist in current codes in wording between Subdivision and Zoning code
definitions and with this amending they will mirror each other.
• Definitions were not placed in proper alphabetical order and this has been corrected.
Proposal: Amendments to Chapter 140 (Zoning) of the Town of Rochester Code._
Page 3 of 6
B. Schedule of Uses
• Undergone some minor language changes.
• Most importantly, the actual chart type schedule has been removed from the text and
reinserted in amended form at the end of the document in the appendices section for
easier location purposes.
• A section of code has been added to the text to address uses which are listed in the
schedule but not allowable within specific zoning districts and how these are to be
addressed.
• Uses currently reflected in the existing text but missing from the Schedule added.
• New uses added to the code added to the Schedule.
• Some minor changes made to Schedule with uses added to specific districts or moved
from Special Use to Permitted Use with Site Plan review.
• See the actual Schedule for complete proposed revisions
• Adds a section regarding prohibited uses.
C. Development Standards
• Clarifies that multiple uses are allowable on a given parcel provided combined
development standards are met.
• Grants a new exception to density requirements for mixed use types of development
within the same structure in the zoning districts where this type of use is desired and is
likely to occur such as apartments located above a business use.
• Calls attention in one location to the instances where setback exceptions may be
granted as opposed to previously where they were scattered throughout the code.
• Allows for an exception for density in commercial uses which provides guest room
accommodations which allows 4 rooms to equal 1 dwelling unit.
• Adds a waiver process for situations of adaptive reuse of an existing structure where an
area variance would otherwise be required.
• Clarifies when and how a shared driveway may be utilized.
• Clarifies the procedures for use of a private road in a subdivision.
• Adds a statement regarding access through another municipality.
• Addresses setbacks and gives the definition and measurement of a “front yard” (in
terms of this statute) greater prominence.
• Addresses future planned streets and rightofways for these.
D. Accessory Uses
• Incorporates minor text structuring amendments to read easier
• Creates a new subchapter for fences and walls designed to better clarify. Specifically
exempts agricultural fences (as defined) from height requirements.
• Gives the Planning Board and ZBA the ability to require fencing when deemed necessary
for health, safety, or welfare.
Proposal: Amendments to Chapter 140 (Zoning) of the Town of Rochester Code._
Page 4 of 6
E. Animal Husbandry
• This section is a complete rewrite of the existing, however continues the basis of much
of the existing language and concepts.
• Clarifies the use is not regulated when located on a certified agricultural district parcel in
accordance with NYS Ag & Markets law.
• The greatest change is this will now be considered an Accessory Use to property upon
meeting parcel size requirements instead of being considered as a separate Principle
Permitted Use while still maintaining the 3 acre required acreage in current and
previous codes.
• Makes an allowance for a smaller parcel (1 acre) for the keeping of chickens or other
poultry as has become much more predominant and desired by the public in rural
communities like the Town of Rochester.
• Continues to allow for Site Plan review on a case by case basis if the required acreage is
not met. However changes made address the Town will treat this as a Type II action
under SEQRA and will waive the Site Plan fees. Applicant will be required to reimburse
the town actual costs in lieu of Site Plan fees. Designed to encourage agriculture and aid
the homeowner in the review process while still protecting the town and neighborhood
interests.
F. Agricultural Use
• Adds a new specific subsection regarding agricultural use which addresses NYS Ag &
Markets statute and how it may apply to Town agricultural use.
• Calls attention to the significant agricultural use historically and currently throughout
the town.
• Clarifies zoning and building permit requirements for agricultural use.
• Addresses farm labor housing which is defined but not well addressed in current code.
G. Temporary Structures
• Adds a new subsection requested by CEO concerning temporary structures. Modeled
after several other community codes on this topic with defining, exemptions, and
standards and amended to fit the Town of Rochester concerns and needs.
H. Parking
• Calls attention to state and federal standards.
• Clarifies how the standards of parking requirements are applied and how the Planning
Board determines parking requirements.
• Clarifies applicant options for requesting modifications to standards.
• Adds code language requiring parking for persons with physical disabilities. This is
already required under state and federal code, but new wording calls attention in town
code.
• Allows for applicant to request waiver or modification to loading area standards.
Proposal: Amendments to Chapter 140 (Zoning) of the Town of Rochester Code._
Page 5 of 6
• Adds language requiring new uses of existing driveways to be reviewed by authority
having jurisdiction over the roadway.
I. Aquifer Protection Overlay District
• Moves prohibited uses to forefront in text in itemized fashion as opposed to sentence
form.
• Moves use “Drilling of wells used for oil, gas, gas storage, solution mining or brine
disposal” from a Type I SEQRA action in the overlay zone to a prohibited use.
• Clarifies the additional information is not required for residential use.
J. General Commercial and Industrial Standards
• Removes subsection “Vehicle and Equipment Sales” from this chapter and relocates it to
Supplementary Regulations for Specific Uses. Language not changed, just relocated to
more proper code location.
K. Planned Unit Development (PUD)
• Adds the Hamlet zoning district to the Planned Commercial Development chart. This
would allow development of the quarry site across from Town Hall.
L. MultiFamily Residential Use
• Clarifies existing code so it is known multifamily housing can potentially occur in which
zoning district; however the density bonus (double) is only applicable in specific zoning
districts where more compact residential use is preferred. This is not a change; rather a
more specific restating of the intent of the current code which appeared multifamily
housing could not occur in some districts.
M. Telecommunication Facilities
• This subsection involves a major rewriting to reflect new federal legislation and to clarify
existing intent.
• Increased definitions section to mirror federal definitions.
• More structured and clearer classification of types of use. Made clearer for benefit of
CEO, applicant, and the community.
• Colocation on existing towers made to match federal legislation or required allowance.
• Allow specifically for a zoning variance in some districts and the proper procedure for
this review according to state and federal requirements and following land use court
decisions. New facilities prohibited in R1, R2, and H zoning districts except by variance.
• Application requirements and Planning Board procedures more specifically stated in the
code.
• Addresses opportunity for local emergency service providers to colocate.
N. Commercial Events Facilities
Proposal: Amendments to Chapter 140 (Zoning) of the Town of Rochester Code._
Page 6 of 6
• This subsection was previously titled Bed and Breakfasts. It allowed a B&B to hold
events subject to specific requirements.
• This new subsection addresses the fact this desire is not specific to only a B&B. It will
allow for the ancillary use of other facilities to host such events subject to a Special Use
Permit and specific conditions.
O. Vehicle and Equipment Sales, Service, and Repair
• Moved from general Commercial and Industrial Standards.
• Language remains as written
P. Mulch or Compost processing Facility
• New use with specific standards added at request of Code Enforcement
Q. NonConforming Use
• Specifically adds the wording “Expansions”. Was previously considered the same as
“Changes”.
• Reorders the location of some language to present better and clearer intent.
R. Site Plan and Special Use Permits
• Makes minor changes in procedural requirements.
• Clarifies existing practices.
• Adds statement of when an application is considered complete.
• Makes significant change in notice of hearing requirements. Change from bounding
owners of parcels to owners of parcels located within 500 feet. Felt to better reflect
notice to all neighbors in the immediate vicinity of a project. Mirrors NYS requirements
for notice to state agencies, other municipalities, parks, and agricultural districts.
• Allows for specific revoking of Special Use Permits upon specific procedures.
• Adds specific procedures for renewals of permits
S. Fees and Escrow
• Adds clarifications to fees, reimbursements, and escrow requirements.
T. ZBA
• Makes significant change in notice of hearing requirements. Change from bounding
owners of parcels to owners of parcels located within 500 feet. Felt to better reflect
notice to all neighbors in the immediate vicinity of a project. Mirrors NYS requirements
for notice to state agencies, other municipalities, parks, and agricultural districts.
U. Planning Board
• Adds section calling attention to Planning Board enactment in other section of Town
Code.
APPROVAL OF BILLS:
A Motion was made by Councilman Cilenti to approve the following bills as audited this date
General Fund 2012 Abstract 13 $ 50,686.29
Highway Fund 2012 Abstract 13 $ 5,954.73
Street Lighting $ 1,068.32
_______________
$ 57,709.34
General Fund 2013 Abstract 01 $ 248,744.93
Highway Fund 2013 Abstract 01 $ 123,948.66
______________
$ 372,693.59
Seconded by: Councilman Drabkin motion carried
EXECUTIVE SESSION:
A Motion was made by Supervisor Chipman to enter into executive session at 8:45pm to discuss a specific personnel issue.
Seconded by: Councilman Cilenti 5-0 aye, motion carried
A Motion was made by Councilman Cilenti to reconvene the meeting at 8:55pm stating no action was taken nor monies expended.
Seconded by: Councilman Spano 5-0 aye, motion carried
ADJOURNMENT:
A Motion was made by Councilman Cilenti to adjourn the meeting at 8:55 pm.
Seconded by: Councilman Spano motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk
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