The April Town Board Meeting was held on April 7, 2016 at 7pm at the Town of Rochester Town Hall.

PRESENT:

Supervisor Chipman Councilwoman Chachkin Councilman Drabkin
Councilman Spano Town Clerk Gundberg Attorney Christiana

ABSENT:

Councilwoman Fornino

PLEDGE:

Supervisor Chipman opened the meeting and led in the Pledge of Allegiance to the Flag.

APPROVAL OF THE MINUTES:

A Motion was made by Councilwoman Chachkin to approve the minutes of 3/3/2016 Regular Town Board Meeting, 3/31/2016 Public Hearing Amending Chapter 38 & 3/31/2016 Audit/Workshop Meeting.

Seconded by: Councilman Spano 4-0aye, motion carried
Fornino absent

LEGAL UPDATES:

Plaintiff withdrew claim for incident that took place outside of the Town of Rochester.

LIAISON / COMMITTEE REPORTS:

Councilwoman Chachkin: HPC: 3/21/16 meeting HARP project was discussed.
Planning Board: 4/11/16 meeting will discuss Catskill Farms; conditional preliminary approval for phase 2 and 3 for 15 lot subdivision on Dawson Lane. Continued public hearings for Arrowood Farm proposing expansion of an existing use parcel for Agricultural tourism & brewery tasting room, seasonal harvest festivals and Crystal Creek Equestrian Center for proposed changes of use and new construction for commercial stables & indoor riding arena with attached barn will be held on 4/11/16 as well. ZRC: will present to the Board this evening solar use.
Councilman Drabkin: ZBA: Troy Dunn member of the ZBA thanked the Board for refunding the ZBA hearing fee to Fabbs. Sets a good example!
Councilman Spano: nothing to report
Supervisor Chipman: Easter Egg Hunt was a success with 116 kids in attendance. The St. Patrick’s Day Luncheon went over well. The Mother’s Day luncheon is set for May and you must wear a hat to receive your meal. ECC: Earthday cleanup will take place on 4/13/2016 & 4/20/2016. Contact the Recreation Department to sign up for your road.
Councilman Drabkin: American Chestnut Foundation is looking for people interested in planting American chestnut trees.

LOCAL LAW # 2-2016: AMENDING CHAPTER 38 OF THE CODE OF THE TOWN OF ROCHESTER, PLANNING BOARD AND ZONING BOARD ALTERNATES
Resolution # 79-2016:

A Motion was made by Councilman Drabkin to adopt Local Law # 2-2016

Section 1. The Town Board finds that it is necessary to update and amend Chapter 38 of the Code of the Town of Rochester regarding Alternates to the Planning Board and the Zoning Board of Appeals. Section 267 (11) (a) and Section 271(15) (a) and (b) of the New York State Town Law are superceded by Section 38-4(D) of the Town Code as amended to permit alternate members of the Planning and Zoning Boards to substitute for a regular member of said Boards for reasons in addition to the conflict of interest of a regular Board member.

Section 2. The definition of ALTERNATE member in §38-3 shall be amended to read

“ALTERNATE MEMBER — An individual appointed by the Town Board to serve on the town’s Planning Board or Zoning Board of Appeals when a regular member is unable to participate on an application or matter before the respective Board as provided herein.”

Section 3 §38-4(A) of the Code shall be amended to read as follows:
A. The Town Board of the Town of Rochester hereby enacts this chapter to provide a process for appointing one alternate member to the Planning Board and one alternate member to the Zoning Boards of Appeals. The alternate member would serve when regular members are unable to participate on an application or matter before the respective Board.
Section 4 §38-4(C) shall be amended to read as follows:
C. Alternate members shall be required to comply with the training requirements as set forth in § 34-3 of this Code as a condition of appointment.
Section 5. §34-4(D) shall be amended to read as follows:
D. The Chairperson of the Planning Board and the Zoning Board of Appeals shall designate the alternate member to substitute for a regular member for any application, matter or period of time (1) such regular member is recused due to conflict of interest; (2) such regular member has or will have extended absence from the Board of 2 or more consecutive meetings; or (3) to establish a quorum for a specific meeting. When so designated, the alternate member shall remain in place for all subsequent review of any specific applications until such time as the application is decided, except when seated to establish quorum for a specific meeting, and shall possess all the powers of a regular member of the Board. The Chairperson shall make such designation by verbal statement indicating which regular member is being substituted for and shall direct the secretary to indicate such designation in the minutes of each meeting or the specific application the alternate is substituted.

Section 6. A new §34-4(F) shall be added to the Code of the Town of Rochester to read as follows:
F. Alternate members shall not be seated with the regular members of the Board and shall not take part in the discussion of any application unless designated to substitute by the Chairperson.

Section 7. This local law shall take effect upon filing with the New York Secretary of State.

Seconded by: Councilwoman Chachkin 4-0aye, motion carried
Fornino absent

O&W TRAIL INTERMUNICIPAL AGREEMENT:
Resolution # 80-2016:

A Motion was made by Councilwoman Chachkin and Seconded by Councilman Spano that;

WHEREAS, the Members are municipalities, enumerated above, situated along the O&W Rail Trail that have expressed an interest in joining together in this O&W Rail Trail Coalition of Municipalities (“the Coalition”); and

WHEREAS, the Members are aware of the need to cooperate with other non-municipal stakeholders in the management of the O&W Rail Trail; and

WHEREAS, the Coalition is organized under this Agreement for the purposes of advocating and marketing the inter-municipal connection of the O&W Rail Trail for recreational and non-motorized transportation use by residents and visitors alike, collectively known herein as the O&W Rail Trail Promotion Program (“Program”), which efforts may include, but not be limited to branding, marketing and promotion; comprehensive mapping; consistent signage and brochures; grant development and fund raising, including gift requests and acceptance; and

WHEREAS, an additional purpose of the Coalition is to provide representation at relevant meetings concerning trails in general at the county and state level; and

WHEREAS, the Members have agreed to cooperate in the development and implementation of the Program to enhance the quality of the O&W Rail Trail within each of the member municipalities, and provide a consistent platform for branding, logos, signage, trail alignment, and mapping; and

WHEREAS, the participation of the O&W Rail Trail municipalities in the above stated activities is necessary to promote their collective interests and those of their constituents; and

WHEREAS, each Member shall continue to have the independent power and authority to provide, perform or exercise separately any or all of the powers and functions set forth in this Agreement and to take any such additional actions concerning the O&W Rail Trail in its municipality as it may be deem to be in the best interests of its community and residents; and

WHEREAS, the Members, desiring to ensure participation in the Program in accordance with its purposes and goals and to speak with one voice in regards to issues that affect the O&W Rail Trail, do hereby enter into this Agreement to maintain an organization to effectuate these goals.

THEREFORE BE IT RESOLVED:

1. Organization. The Members agree to join a cooperative organization known as the O&W Rail Trail Coalition of Municipalities;

2. Authority. The Coalition is organized pursuant to New York State General Municipal Law Article 5-G and upon the approval and authority of each participating municipality;

3. Participation. Membership in the Coalition shall be open to the towns of Ulster, Hurley, Marbletown, Rochester, and Wawarsing; along with the City of Kingston, and the Village of Ellenville. The County of Ulster shall be a non-voting representative.

4. Membership Contribution. Upon becoming a Member of the Coalition, each participating municipality shall:

A. Execute a copy of this Agreement and agree to pay an initial fee of $500, such monies to be used for potential joint Coalition planning activities such as grant applications, signage design, branding agreements, etc.;

B. If applicable, recommend a line item in the municipality’s annual budget for trail support;

C. If applicable, ensure that a Rail Trail committee or similar body, which shall advise the municipality on matters related to the O&W Rail Trail, is established and that an individual is designated to lead that committee;

D. Whenever a municipality that is party to this agreement carries a legal interest in a parcel or parcels comprising the corridor known as the O&W Rail Trail, that municipality agrees, at its sole discretion, to allocate the resources it determines are appropriate to ensure adequate basic maintenance of the trail on such parcel(s);

5. Voting. A quorum shall be a majority of the Coalition membership. Any actions taken approved by a majority vote of a verified quorum shall be official. Voting Members of the Coalition shall be the Town Supervisors and City and Village Mayors or their designated representatives if unable to attend personally upon a vote, for a total of seven Member votes.

A. Each voting Member shall have one vote in the proceedings and dispositions of the Coalition, except that on matters related to or concerning only and exclusively one of the participating Members of the Coalition, that Member shall have the weight of two votes in such matters only;

B. Voting by proxy shall be prohibited in all proceedings of the Coalition;

C. Voting by any electronic means shall be acceptable unless specifically prohibited by New York State statute.

6. Officers. Election of Officers of the Coalition shall take place every two years on or about March 1, and their terms commence upon election. In the event of a resignation or termination of membership, the Coalition shall elect a replacement officer to fill the remainder of that term.

A. The Officers of the Coalition shall be a Chair, Vice-Chair, Treasurer, and Secretary; the officers must come from the voting Membership or appointed alternates.

B. The Chair, or in his or her absence the Vice-Chair, shall preside over all meetings of the Coalition and shall serve as the administrative instrument for the Coalition.

C. The Treasurer shall serve as the fiscal officer of the Coalition and shall:

a. retain custody of funds collected by the Coalition (“the fund”) and, upon authorization by the Coalition, shall make payments on audit of the auditing official or body of the municipality in which he or she serves on matters related to Coalition activities; and shall

b. provide a monthly accounting of the fund to the Coalition with an annual summary, and shall

c. make required annual financial reports in accordance with New York State General Municipal Law Article 3; and shall

d. not be liable to any of the Members because of any payment made from the fund in accordance with the terms of this paragraph or for the commission or omission of any act, either performed or not performed in connection with the administration of the fund, other than for loss or liability for gross or willful negligence.

D. The Secretary shall maintain minutes or records of all meetings of the Coalition and shall maintain or oversee minutes or records of Coalition committees, study groups, or other instruments of its work; the Secretary shall prepare an annual report of the Coalitions activities;

E. The Chair shall serve as a tie-breaker, when required, for all Coalition votes.

7. Coalition Members shall consist of one each for the five towns, one city and one village for a total of seven Voting Members, plus a non-voting representative from the county.

A. Powers and authority.

a. Adopt such by-laws or rules necessary for its operation including but not limited to the manner and timing of the election of officers, the creation of appropriate committees, and a written policy on handling conflicts of interest;

b. Employ such personnel as it deems necessary to achieve the goals of the Coalition;

c. Retain professional assistance, including but not limited to attorneys, engineers, planners and consultants, to the extent deemed necessary and appropriate to effectuate the purposes of the Coalition and its actions;

d. Develop legal and negotiating strategies for the Coalition and, when authorized by the Coalition, carry out such strategies;

e. Coordinate the activities of the Members in compiling the information needed to effectively carry out the Program and to address and, upon the advice and consent of the Coalition, act upon any and all issues and matters concerning the O&W Rail Trail as may affect the Coalition and its activities;

f. Solicit and accept contributions, gifts, grants, and other emoluments and bequests from individuals, governments, independent agencies and organizations interested in furthering the Program and the goals and purposes of the Coalition (“Contributors”), provided however that non-member Contributors may not have influence on any matters related to the Coalition, the Program, or its activities;

g. Keep all Members informed of the Coalition’s activities, both actual and contemplated or planned, and any of its interfaces, meetings or communications with other Outside Agencies, in such forms or manners deemed appropriate and necessary;

h. Coordinate the activities requiring the vote of the Members;

i. Represent or cause the Coalition to be represented at public meetings, hearings, events or activities regarding issues relevant to the Coalition and its Program;

j. On the advice and recommendation of the Coalition, appoint and manage the activities of such committees as may be deemed necessary to effectuate the work of the Coalition and the success of the Program.

B. Attendance.

a. Each Member of the Coalition may appoint an alternate to serve in that member’s capacity if the member is unable to attend or participate in a Coalition meeting or carry out duties or responsibilities attendant upon the member’s role as a Coalition member;

b. If a Member of the Coalition is not present or represented by the duly designated alternate at three consecutive unexcused absences from Coalition meetings, the Coalition may by majority vote declare the seat vacant and ask the municipality concerned to appoint an alternate in that place. The Coalition shall not unreasonably withhold its endorsement of such actions.

8. Gathering information. The Members of the Coalition will work together to compile an independent data base of the actions and materials related to the Program and the Coalition’s activities, and to establish and serve as a clearinghouse for information on O&W Rail Trail matters related to the Program’s purposes and needs and such other matters as may be deemed important to such purposes and needs. Members shall assist each other in the compilation and utilization of such information and materials.

9. Other activities. The Coalition shall engage in such other activities to further the Purpose and the Coalition’s goals within its authority under this Agreement and the General Municipal Law.

10. Additional contributions. Further contributions by Members may be requested by the Coalition in the event that the expenses exceed the accumulated amount of the initial payment, and shall be allocated based on a method to be determined by the Coalition on the recommendation of the fiscal officer. All such requests shall be subject to approval by each municipality. Any monies remaining upon conclusion of the Coalition’s activities or termination of this Agreement, whichever comes first, will be returned to the participating Members in proportion to their contributions.

11. Legal rights of Members. No legal action taken by the Coalition shall be legally binding upon, or limit in any way the legal rights of the individual Members.

12. Disputes. Disputes or disagreements between Members of the Coalition or among Members and the Coalition shall be resolved by majority vote of the Coalition Members.

13. Amendments. This Agreement may be amended from time to time only upon a writing signed by a majority-plus-one of the existing Coalition Members and then approved unanimously by the coalition municipality’s governing bodies or boards, provided that the amendment must have been read at two consecutive Coalition meetings before becoming effective.

14. Termination of Membership in the Coalition. A Member of the Coalition may withdraw from the Coalition upon thirty (30) days written notice to the membership. The Member shall be responsible for its apportioned share of all expenses incurred as of the date of withdrawal. The remaining Members of the Coalition shall remain responsible in equal proportion to their Coalition voting power for the withdrawn Member’s share of fees and costs incurred after the effective date of the withdrawal. Likewise, the Coalition, by a majority vote, may terminate a Member’s membership in the Coalition, for good cause shown, upon the same terms as noted above. The retiring Member will be entitled to a rebate of any fees contributed that remain of the effective date of the termination.

15. Term of Agreement. This Agreement may be terminated and the Coalition disbanded by a majority vote of the Coalition. This agreement will expire in five years in accordance with New York State Municipal Law Article 5-G. This Agreement can be renewed at that time by formal resolution of each of the Member municipalities.

16. Applicable Law. The law of the State of New York shall govern the validity, interpretation, construction and performance of this Agreement.

4-0 aye, motion carried
Fornino absent

AMENDING CHAPTER 140 OF TOWN CODE: SOLAR ENERGY:

Mike Baden presented to the Board the Zoning Revisions Committee amendment of Chapter 140 of the Town Code regarding solar energy. The Committee’s approach and rationale for this section is the use of solar facilities for individual residential use is very different than the use of solar facilities in a commercial utility scale enterprise. All facilities can have issues of safety. The larger facilities, although serving a valuable purpose can bring about intrusions to the environment, community and neighboring properties. In assessing the subject the committee has determined four different categories that will be established by the proposed Local Law.
Small scale residential and commercial facilities and subdivision community use;
Small scale residential and commercial use producing less than 12kW intended primarily for onsite usage and administered by the regulations of the NYS Unified Solar Permit adopted by the Town previously, these will be considered accessory structures, a by-right use requiring building and electrical permits administered by the CEO with minimal restrictions of safety, height and setback.
Solar energy systems designed for specific subdivision use will be allowed with site plan review by the Planning Board subject to a Homeowner’s Association creation and other criteria.
Utility Scale Facility;
Medium Scale Facilities those which exceed 12kW of production and encompass less than 5 acres of infrastructure and may be for either or both onsite or offsite use. These will be allowed in all zoning districts with the exception of the smaller residential districts. They will be a principal permitted use upon sight plan approval.
Solar Farm facilities- those facilities intended for use offsite which occupy more than 5 acres but less than 20 acres area of use. This will be allowed in larger agricultural and industrial zoning districts. They will require special use approval.

Mike Baden further stated that a decommissioning plan has to be put forward when the project is approved by the Planning Board. This is in case a company stops operation they need to tell the Planning Board how they are going to restore the land so we are not left with a company disappearing also there will be a bond to help pay for restoration in case a company does take off and disappears. The bonding money can be used for decommissioning as opposed to tax payers money.
Steve Fornal stated the process the way it exists now in order for a solar company to come in they have to go before the Town Board under code 140-8, they have to hold a public hearing a whole added process. This law will eliminate unnecessary process.
Mike Baden stated we will be the third Town in the County to move forward with this. Currently the Town of Wawarsing & Town of Saugerties have laws set in place. There is a lot of financial incentive out there right now, that’s why the committee wanted to move forward with this first. It’s very important for everybody; it is a balance between the residents & the solar companies.
Councilman Drabkin stated the limitation of 20 acres is arbitrary, with all the process why do we have limit of 20 acres? Depending upon the topography and acreage involved unless there is a very good reason to pick that number, why have it at all?
Mike Baden stated that the Ulster County Planning Board recommends a limitation for the Town’s protection.
Supervisor Chipman stated that Councilman Drabkin raised a good point, something for the Board to look at. There are pluses and minus to it. When you are trying to minimize impact putting a maximum acreage is a good idea but in a way a point is made. As long as it works in the guidelines why have the maximum set.
Councilwoman Chachkin stated there are waivers available for various parts of the zoning code. So if we have a maximum acreage parcel and there were good reasons to extend the acreage, would that be case for a waiver?
Mike Baden answered that the applicant can seek an area variance.
It was recommended that Town Board refer the proposal to the Town Zoning Board of Appeals, The Historic Preservation Commission and the Environmental Conservation Commission. They should have the opportunity to weigh in on it.

ADVERTISE FOR PROPOSED LOCAL LAW # 3-2016: AMENDING CHAPTER 140 REGARDING SOLAR ENERGY:

Resolution # 81 -2016:

A Motion was made by Councilwoman Chachkin to schedule a public hearing for proposed Local Law # 3-2016: Amending Chapter 140 of Town Code regarding solar energy on 4/28/2016 at 5pm at the Town of Rochester Town Hall and for the Town Clerk to advertise the same.

Seconded by: Councilman Spano 4-0aye, motion carried
Fornino absent

RONALD LAPP, LEGISLATOR UPDATE FOR ULSTER COUNTY:

Supervisor Chipman asked Ronald Lapp for any updates from the County. Legislator Lapp discussed two topics. One topic was the shared sales tax revenue. Currently it is in the County Executive’s hand along with the City of Kingston. The legislative body is 100% against lowering the percentages of shared tax revenue. We are not accepting anything less than 3%.
Supervisor Chipman stated if we were reduced to 2% it would cut approximately $ 50,000.00 from our budget. Legislator Lapp also discussed broad band. Time Warner cable is merging with Charter once approved the company will be called New Charter. Once that is in place there will be $ 500 million from the state and New Charter will match that to upgrade the broad band. At The NYS County Conference it was discussed that residents that already have broad band will get upgrades first. A Secondary round will go to those who don’t have Broad Band. As of now it is projected residents within a mile must have 10 houses in order to use the grant money to get Broad Band. If the grant money is not used it will be 20 houses within a mile. This is not set in stone. It is projected by 2018 everyone should be served.

TOWN OWNED PROPERTY:

Supervisor Chipman stated a listing of Town owned properties are in their packets please review and at the next workshop meeting the Board can decide which town owned properties to have appraised and sell.

COURTHOUSE DISCUSSION:

Councilman Spano stated we spoke about approximate location for Court House. The Town Property is valued at 1 million dollars so it would be fruitless to look elsewhere.
Attorney Christiana said that the board was looking into seeing if it is just the Court House location section of the property or the value of the whole property.
Rich Miller stated he still hasn’t heard a response in regards to that question.
Councilman Spano stated that the deadline is 6/15/16 we need to get moving on this.
There was a discussion on what happens next; does it go out for public hearing?
Attorney Christiana stated that when the time comes to build any additions or municipal buildings will have to go out for Permissive Referendum.

PUBLIC COMMENT:

Steve Fornal asked if the Board has reconsidered moving the Court House to Rosendale?

Supervisor Chipman stated there has been a difference of opinion. We have looked at operational costs but we are going to put in for the grant if we do not get the grant that we can discuss moving the Court to Rosendale again.
David O’Halloran recommended to the Town that when it comes to changes in the zoning code look at our past. “I respect the professionalism and work the committee has put forward regarding the solar energy section of the law. However once we get into property rights the board needs to appoint members to a diverse committee. Members include business owners, farmers, miners, weekenders, residents. I believe in consensus voting for this particular committee, I don’t believe in majority voting when it comes to property rights. All members should agree if you can’t agree keep working on it. This is very important! In regard to the 20 acreage maximum is that a net acreage or not because companies are going to need to have access roads to maneuver.”

Troy Dunn stated, “The code changes are a living breathing document and there has to be a process because if you don’t have process you have chaos. I believe there is a little chaos going on right now regarding this proposed law. When you cherry pick the committee you don’t get the full reflection of our community. I think it is wiser in the planning process get the input from the residents then put together the draft. You need the diversity. You need the subject matter experts.
When you revisit the code you should break it down by section.”

ADJOURNMENT:

A Motion was made by Councilman Drabkin to adjourn the meeting at 8:35pm.

Seconded by: Councilman Spano 4-0aye, motion carried
Fornino absent