Town Board Special Meeting – April 2021

Town of Rochester Town Board held a Special Meeting on April 8, 2021was held at6:30pm via
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
Listening Dial in Number+1 929 205 6099 Meeting ID: 818 3456 7947 Password: 560286
Join Zoom Meeting https://us02web.zoom.us/j/81834567947?pwd=MXJaSGk2aXZkUnBCSGNrRUp0Ukt2QT09

PRESENT:

Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Attorney Marylou Christiana

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

LOCAL LAW 2-2021: AMENDING ZONING, SHORT TERM RENTALS:

– At the recommendation of the Ulster County and Town Planning Boards section F. (exception. Use of Alternative Dwelling Structures) & section G. (Special use Permit Review Criteria). The Board agreed and removed this section.
– Supervisor Baden suggested that the Town can potentially create smaller campgrounds to address the alternative dwelling structure issue.
– the Board discussed clarifying the definition of resident owner and non-resident owner occupied residents & how this would be determined. Councilwoman Enouen suggested possibly non-owner occupied be considered an Inn and become commercial use.
– The Board discussed the 2% cap on non-owner occupied residents.
It was agreed that Supervisor Baden and Attorney Christiana would work on changes to the STR proposed law. Written comments are still welcomed at this point.

COMPREHENSIVE PLAN ADDENDUM:

Councilwoman Enouen stated that,“there was a lot of information at public comment and I think there are a few directions we can go in based on comments made. From what I heard a portion of the residents in the Town didn’t feel the natural heritage plan process was inclusive of them, their voice and their needs. I want to recognize that these types of projects we want people to see themselves in them, see the Town and be able to identify. A couple of things I think we can do are; removing the map of the critical environmental area, draft a statement of text ahead of the appendices that would help provide context that would help people. These documents that exist as Town documents can be used and we can take advice from them if we want, but overall we have work to do to update our Comprehensive plan generally. We need to find ways to communicate with the residents through technology, community meetings.”

Supervisor Baden stated that, “He agrees with a lot of what Councilwoman Enouen stated. The CEA(Critical environmental area) is a region not a map. We were identifying the area and before the CEA could be adopted we would have to create a map. These documents are a set of goals and ideas. The documents exist as a Town record most of which was done through consultants. The Natural resources inventory was done through a committee with the ECC being a large part of it. The Natural Heritage Plan was a second phase of the project. These documents are data driven and were written by a consultant not an Attorney. Moving on we can do nothing the data accumulation will be very helpful in creating the comprehensive plan.”

Councilwoman Haugen-Depuy asked for clarification that the Board would not be moving forward at this point?

Supervisor Baden stated, “ there were no comments made against the Historic Reconnaissance survey, we can break the plans up make this one a stand-alone and we could adopt the Historical resource guide. Its 13 years out of date but it is a collection of existing data by no means does this put anything on a national register. It is a Historic connection to the Town of Rochester.”

Councilman Hewitt stated, “ for somebody who grew up around forests and watched it all get destroyed and houses built down in Long Island, this is shocking to me to hear we are taking a 180 degree turn of all the progress we’ve been making and the hard work people have put into this. I am not willing to consider this. I do like what Erin said about removing the CEA, but I don’t think this is a time to be flipping what we’ve been doing.”

Councilman Paddock stated, “ I’m surprised that we are taking a 180 on this as well but at the same time from the public hearing there was a public out cry not to do it, those in favor were saying yeah lets do it but the ones that didn’t were passionately against it. This is one of the reasons why I wanted a public hearing to begin with to get a sentiment. With that said people are saying they have not been completely heard, I would like more time to think, more comments and opinions and public input.”

Supervisor Baden stated, “that we will not make a decision tonight, we can work on better education of misunderstanding on what things mean and don’t mean. I understand the sentiment and don’t want to just walk away from it.”

Councilman Hewitt stated, “ a lot of the language is consultant language and not legal language and would be willing to have that conversation and continuing talking on that.”

Councilwoman Enouen stated, “ some ideas I’m hearing are better education, public info sessions. I read in the Comprehensive plan law in 6 places saying this is about the public, the public should be part of the plan and that’s not what I got out of the public hearing. People didn’t see themselves in these plans whether it was consultant driven or we didn’t do a good enough job educating people. We can use these documents as a guide. The Town has included laws as suggested by the NHP. We need to redo the Comprehensive Plan and engage the public more and allow them to have a voice.”

Councilwoman Haugen-Depuy stated, “landowners want to know what’s going on bordering their properties, we need to do a better job communicating and educating is a good thing.”

The Board agreed to continue the conversation at another date.

WATERSHED EDUCATION PARK:

Councilman Hewitt presented to the Board the watershed education park

Re: Town of Rochester parcel #76.1-3-17, 6140 Route 209 34.084 acres

2020 Completed Progress:
• Began background research on the plant and animal species that exist on the property.
• Walked and thoroughly assessed the site to establish an idea of a good layout for trails that can lead to significant or rare locations on the property.
• Began to assess our needs for tree plantings, signage, sitting and observation areas, steps or switchbacks, and more.
• Performed some minor cutting and pruning, moving material, flagging, and staking while reviewing ideas with Councilman Chris Hewitt, a contracted permaculture professional (Andrew Faust), TOR ECC Chair Madeline Russo, Councilwoman Erin Enouen, and other ECC members.
• Publicly presented 2020 findings to the Town of Rochester Town Board and ECC.

2021 Suggested Progress:
• Continue to investigate flora and fauna on the property and begin inventory and descriptions with ECC and ecology professionals.
• Communicate with town residents through presentations, a neighbor mailing, volunteer days, and information sessions.
• Continue conversation with Nexamp about the Town’s property and possible public uses.
• Learn from Ulster County towns that have town parks, e.g. Town of Esopus, about how to officially create a park.
• Identify and remove invasive species on the town property, including multiflora rose, barberry, and Japanese knotweed—abiding by NYS DEC recommendations. Work with landscaping professionals to continue to identify ways to improve the health of the property.
• Chip branches and other wood debris to prepare for bike trail around large solar array and for trails through the forest.
• Spread wood chips on the trail system as possible.
• Create sand beds for picnic areas.
• Find sources and pricing for ideal plants in the Agroforestry/Forest Garden plantings.
• Analyze costs of possible insurance and other annual expenses in order to calculate a possible fee for park usage for non-county residents.
• Improve the trail map and key that includes information about unique or interesting locations.

Councilwoman Haugen-Depuy expressed concerns of garbage in the woods and on the trail and asked that Attorney Christiana look into whether or not this has to go up for referendum.

Resolution # 150-2021:

A Motionwas made by Supervisor Baden that the Town Board support sending letter to bounding owners notifying them on the ECC presentation meeting on 4/15/21.
Second: Councilman Hewitt

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

MINNEWASKA STATE PARK PRESERVE REQUEST:

Supervisor Baden, Councilman Paddock, Rich Miller and various other agencies met to discuss the parking issue with Minnewaska State park. The 2020 year brought 200,000 more people than the year prior and the parking lot was only at 30% capacity at that time due to construction. During the meeting there were suggestions of shuttling people from the County fairgrounds in New Paltz to the State park to alleviate some of the parking concern. No stopping and No Standing signs have been placed every 75 feet on the State highway.
Rich Miller stated that it was an informative meeting and the constables are a vital service for traffic enforcement at the State Park.
Supervisor Baden suggested that the Board monitor the situation and move towards constable service at Minnewaska when necessary.

PLAYGROUND EQUIPMENT:
Resolution # 151-2021:

A Motionwas made by Councilman Paddock that the Town Board authorizes the Town Supervisor to sign contract with Play and Park structures of New Jersey & New York 920 Bayshore Ave. West Islip, NY 11795 for playground equipment specified with quote number 876-140186 in the amount of $ 52,055.29. The pricing is per NYS contractor PC67835.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

PAVILION RENTAL:
Resolution # 152-2021:

A Motion was made by Supervisor Baden that the Town Board adopts form titled TOWN PARK PAVILION USE AGREEMENT FOR RESERVATIONS OF THE Town Park Pavilion and adopts a $ 50 user fee and a $ 50 refundable security deposit effective with any reservations beginning 04/17/2021. The Town Clerk’s office shall administer the registration system and the registration calendar.
Second: Councilman Paddock

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

ALLIGERVILLE FIREHOUSE:
Resolution # 153-2021:

A Motionwas made by Supervisor Baden that;

WHEREAS, the Town of Rochester, New York applied for and obtained funding for the project titled, “Alligerville Fire Station and Emergency Shelter” through a Community Development Block Grant Recovery (CDBG-DR) obtained through the New York State Governor’s Office of Storm Recovery (GOSR), New York Rising Community Reconstruction Program; and

WHEREAS, the New York Governor’s Office of Storm Recovery reviewed plans and specifications and other required documentation and by email communication, submitted by Alfandre Architecture, and, by email communication on November 25, 2020, approved said documents; and

WHEREAS, the project was formally bid in accordance with municipal requirements, and publicly advertised on December 10, 2020; and

WHEREAS, four (4) General Construction bids were received on January 22, 2021 and publicly opened and read aloud with the lowest responsible bid at $1,235,000.00 and the highest bid $1,578,347.00. Meyer Contracting Corporation, 12 Charles Street, Pleasant Valley, NY 12569, was the lowest bidder; and

WHEREAS, on February 11, 2021 with resolution #100-2021the Town of Rochester selected and awarded a contract agreement to Meyer Contracting Corporation, 12 Charles Street, Pleasant Valley, NY 12569, in the amount of $1,235,000.00, contingent on the approval of the Governor’s Office of Storm Recovery; and

WHEREAS, on February 15, 2021 the Town of Rochester conveyed offer of contract agreement to Meyer Contracting Corporation, 12 Charles Street, Pleasant Valley, NY 12569, and

WHEREAS, on April 2, 2021, Meyer Contracting Corporation, citing the requirements of the State of New York General Municipal Law Section 105, stating that contracts not awarded within the time provided by the law may be withdrawn, submitted by letter its notice of Withdrawal of Bid for the above project; and

WHEREAS, General Municipal LawSection 105 provides that a bidder may withdraw it’s bid, if a contract is not awarded within 45 days of the receipt of the bid, and in this instance the bid contract was awarded well within the 45-day time period; and

WHEREAS, Meyer Contracting Corporation has refused to enter into the contract in accordance without deviating from the material terms of the bid and the bid specifications, and

WHEREAS, the Town Board feels that it is in the best interest of the Town to release Meyer Contracting Corporation from this bid and allow the withdrawal of the bid;

THEREFORE, BE IT RESOLVED that the Town of Rochester, NY accepts the request of Meyer Contracting Corporation to withdraw it’s bid, and releases Meyer Contracting Corporation from its responsibility relative to the Alligerville Fire Station and Emergency Shelter Project.
Second: Councilman Paddock

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

REQUEST TO ULSTER COUNTY CIVIL SERVICE TO INCREASE HOURS:
Resolution # 154-2021:

A Motionwas made by Supervisor Baden to send request to the Ulster County Civil Service department an increase in the 3rd Deputy Town Clerk position from .25 weekly hours to .75 weekly hours.
Second: Councilman Hewitt

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

SPEEDWAY REQUEST:

Supervisor Baden stated that he received a request from Gary Palmer, owner of the Accord Speedway asking for the Town Board make an exception to the Town Race Track law for one event. The event in question is a Monster Truck Show that would be held this fall for 3 consecutive days. Supervisor Baden stated currently in the law operations cannot be held on Sundays or for 3 consecutive days in a row. The Board can have a public hearing to grant this waiver for a one time event.

SCHEDULE OF PUBLIC HEARING: RACE TRACK
Resolution # 155-2021:

A Motionwas made by Supervisor Baden that the Town Board schedule a public hearing for April 22, 2021 at 6:30pm via zoom for the purpose to discuss the Town Race Track law.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

AMEND RESOLTION # 155-2021:

A Motion was made by Supervisor Baden and seconded by Councilwoman Enouen that;
the Town Board sets a date for public hearing to be held at 6:30pm on Thursday April 22, 2021 at the Harold Lipton Community Center or via videoconference in accordance with the Governor’s March 13, 2020 Executive Order 202.1 and successors.
The Town Board further requests the Town Clerk post and circulate legal notice of the public hearing.

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0aye, motion carried

ADJOURNMENT:

A Motion was made by Councilwoman Enouen to adjourn the meeting at 9:21pm.
Second: Councilman Paddock 5-0aye, motion carried