Town of Rochester Town Board held the Regular Meeting on June 2, 2022 at 6:30pm at the
Harold Lipton Community Center, 15 Tobacco Road, Accord, NY
To View the Meeting
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.
PRESENT:
Councilman Michael Coleman Councilwoman Erin Enouen
Councilman Adam Paddock Supervisor Michael Baden
Town Clerk Kathleen Gundberg Town Attorney Marylou Christiana
ACCEPTANCE OF AGENDA:
Resolution # 237 -2022:
A Motion was made by Councilman Coleman that the Town Board accepts the agenda, as prepared by the Town Supervisor with addition of SEQRA for Local Law C-2022 and 2 refund request.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
ATTORNEY FOR THE TOWN REPORT:
Still waiting on the Hoots appeal decision.
TOWN CLERK/ TAX COLLECTOR REPORT:
Town Clerk for the month of May $ 55,238.05
Tax Collection: the last day to collect taxes was June 1st. To date we have collected $ 6,581,324.83.
HIGHWAY SUPERINTENDENT REPORT:
Repairs have been made to Queens Highway and Schroon Hill Rd. Oil & Chip will take place later this week. CHIPs has monies aside for pothole repair so we will be taking a look at that. Boice Mill Road Bridge: NYSDOT is ready to begin the process, we will he holding interviews for consultant candidates.
SUPEVISOR’S FINANCIAL REPORT:
May 2022 report – Filed with the Town Clerk
May 2022 Financials
Revenue May 2022
General Fund $ 129,635.26
Highway Fund $ 2,505.84
Expenditures
Abstract 5-2022
Highway Fund $323,475.82 (corrected at posting from $323,376.82)
General Fund $91,514.71
Street Lighting Fund $532.49
Escrow Fund $3535.00
Total Expenditures May 2022
General Fund $ 162,803.22
Highway Fund $ 72,471.73
Street Lighting Fund $532.49
Escrow Fund $3535.00
SUPERVISOR’S CORRESPONDENCE REPORT / UPDATE:
Supervisor Baden congratualated the Rondout Valley Lacrosse and Softball teams for both becoming the Section 9 Champions.
COVID-19 report: In Ulster County 82% have received 1st dose, 75 % completed 2nd dose. There are currently 271 active cases. 15 cases in the Town of Rochester
Grant Updates:
NY Rising – Alligerville Firehouse-making progress, Harold Lipton Community Center- still finalizing paperwork.
LGRMIF – Building Dept./Code Enforcement record conversion: working on the second set of records to be picked up.
JCAP – Courthouse bathroom ADA compliance reconstruction: still no luck with engineer or architect
ARPA Funding: waiting to hear back from our accountant on whether an audit needs to be conducted and how to simplify the process.
Memorial Day: Thank you to the Accord Fire District for coordinating the parade. Thank you to Vinny Nigro for the sound system, Siebring Miedema- Haynes for playing taps on the trumpet, Troy Dunn as our guest speaker, Amelia Trimpe and her family for planting flowers and upkeep to the gardens.
Granary SEQRA Intent to Seek Lead Agency
circulated May 6, 2022 June 8, 2022 is due date of response
DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilwoman Enouen: Transfer Station: we have a full staff, I had a nice meeting with the staff and they have been offering lots of ideas for improvements. TORE: working on improvements to keep the water out.
ECC: discussed the tire pull from the Rondout Creek which is scheduled for 6/18/22. Judith Karpova has American Chestnut trees available if anyone is interested.
ZBA: 2 continued applications, Area variance, construction garage, conveyance land to 2 non conforming lots.
Councilwoman Enouen will be meeting with Department of Ag and Markets to discuss proposed zoning law changes.
Councilman Coleman: Spectrum: was given a comprehensive breakdown, we have numbers we can discuss and see if we want to go back to them. I do have some concerns about certain areas. Fire District: appreciate the Memorial Day parade it is important to honor the men and women who served and lives lost.
Marbletown First Aid: 2023 budget is ready and have a 100% response rate. KAFAS: working on a draft contract.Their response rate was 93.7 %. KAFAS is working on creating an advisory Board for obtaining feedback , educate back and forth with the community. An autism awareness training will be taken place for emergency responders and offering to Town employees who may benefit from this training as well.
Councilman Paddock: Constabulary: The Constabulary answered 19 direct calls for service and other duties in May of 2022.
These included:
• 13 Neighbor to Neighbor and Quality of Life Complaints
• 3 Resident Traffic Complaints (Upper Cherrytown Rd, Cherrytown Rd, Whitfield Rd.)
• 3 Environmental Complaints, (Rochester Ctr Rd., Cherrytown Rd., Upper Cherrytown RD.)
• 18 New Building Department Violations
• 0 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 0 Court Proceedings Closed
Interesting Occurrences:
This month was busy with many of calls for service. These included an increased number of complaints
regarding traffic volumes, speeds and erratic operation of vehicles on town roads. Garbage dumping
complaints continue to occur and with more frequency. Much of this month’s garbage was of the
household trash variety rather than larger items. Short Term Rental properties continue to generate
complaints including trespassing, loud noises, road/driveway blockages and garbage dumping. We
continue to work with the building department on those issues. Neighbor to neighbor complaints have
increased this month and all have been defused without further action necessary. We participated in
several special events including managing traffic for a Television shoot and an outdoor public concert.
We were honored to assist the Accord Fire District with their Memorial Day Parade.
Due to the apparent slow-down of the COVID-19 pandemic its variants, we are beginning to have more
direct contact with complainants.
Recreation Commission: Spring Fling BBQ was a success with approximately 75 people in attendance. Big thank you to the Highway Department, Harry Worden and Pat Davis for all their help.Summer program will begin Monday July 11th. Currently there is a waiting list for participants. Accord Speedway is offering kids go to the races for free July 29th sign ups are a must through the recreation commission.
Supervisor Baden: Assessor’s office: Grievance Day was held May 26th. We had 2/3 in person and a number of stipulations. The BOAR will review and submit report. Final Assessment roll is due July 1st. We have 20 million is assessed value added to the roll. Planning Board: Lucky Petroluem and Honey Comb Hills each have public hearings coming up.
TOWN BOARD MEMBER TIME:
Councilwoman Enouen stated that she would like to work on public info sessions this summer. Three topics of interest were the zoning changes, farmers/ farming & noise ordinances. The idea is to have community centered solutions. The Board was in agreement.
• Councilman Paddock left the meeting at 7:15pm.
Councilman Coleman stated that he would like to bring a draft law pertaining to campground/ campsites locations to the workshop meeting on the 15th. I think there are ways to address the concerns and would like to have a dialogue with the Board.
PUBLIC COMMENT:
David Stoltz stated that many Towns in Ulster County are moving Fire Departments out of residential areas. Woodstock, New Paltz and Stone Ridge have now moved out of of residential areas. The reasoning is children playing, pets running along the road all of this can be very dangerous when firefighters show up to the firehouse and run out the building in a large truck.
Charles Nerkos: along with Mark Smith and Bob Newell discussed addressed the challenges faced with a nationwide shortage of volunteers. KAFAS is able to respond to one in every ten calls. We are moving to a hybrid approach model but much of our staff is still volunteer. Regarding a budget Mr. Nerkos spoke on the importance of equipment that is not outdated and gave a demonstration using a turnaquette that are both items in additional funds request.
Tina Bergan-Russell: glad to hear that there is a discussion on the drafting a campground law. In regards to safety an RV must meet 200 inspections. I think there are ways that we can have a law on the books and do it safely. I am currently registered with UC bed tax which is income for the Town. During COVID this is how we survived, renting out space, utilizing what talents and land we had. The integrity of the Town is kept in place and we are giving people the opportunity to experience rural life.
Hoppy Quick: I am a local artist, I was looking to get some information on the Short term rental law. Everything I do, I do with my hands and people like to learn. I was interested in hosting workshops or retreats on my property to help create a little income. I know that I am a small voice, but my family is rooted here and we’ve been here since the 1600’s and it’s just getting harder and harder to get by. Many of us are just trying to thrive and survive with what we have while extending a hand to teach rural living. I know it’s easier to think of the majority but don’t forget about minority with our little voices.
Chris Hewitt: The County is addressing these issues as well. There is discussion on increasing the bed tax . The Town of Rochester code on short term rentals was 3 years in the making and it is a solid code. I encourage the Natural Heritage Plan moving forward to include the critical assessment area simply because it is precious area of our town and we need to respect the land and live with the land and learn from the land.
Gerry Fornino: in regards to constabulary writing tickets to only people and not vehicles needs to get rectified. I helped assist the traffic during the monster truck show one day last year and people were just parking anywhere and walking away. Even at a safety stand point constables should be able to ticket the vehicle.
ACTION ON THE MINUTES:
Resolution # 238-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board accepts the minutes of the May 5, 2022 Regular meeting, May 18, 2022 Workshop meeting, May 25, 2022 Audit meeting, and May 25, 2022 Special Meeting.
Second: Councilman Coleman
Aye: 3 nay: 0 abstain: 0 motion carried
Paddock, Smiseth-absent
RESOLUTION AMENDING APPROVAL OF ABSTRACT 5-2022:
Resolution # 239-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board authorizes amendment of resolution # 235of 2022 approving payment of abstract 5-2022, with the following corrections:
Highway Fund $323,475.82 replacing approved payment $323,376.82
Second: Councilman Coleman
Aye: 3 nay: 0 abstain: 0 motion carried
Paddock,Smiseth-absent
ACCEPTANCE OF DONATION OF GOODS:
Resolution # 240-2022:
A Motion was made by Supervisor Baden that the Town of Rochester Town Board accepts donations for Veterans Park of mulch from Brian Bell and plants from Saunderskill Farms.
Second: Councilwoman Enouen
Aye: 3 nay: 0 abstain: 0 motion carried
Paddock,Smiseth-absent
ACCEPTANCE OF DONATIONS:
Resolution # 241 -2022:
A Motion was made by Councilman Coleman that the Town of Rochester Town Board accepts donation of $250 from the Rondout Valley Federation of Teachers for the Summer Program 2022.
Second: Councilwoman Enouen
Aye: 3 nay: 0 abstain: 0 motion carried
Paddock, Smiseth-absent
ACCEPTANCE OF DONATIONS:
Resolution # 242-2022:
A Motion was made by Councilman Coleman that the Town of Rochester Town Board accepts donations of $50 from the Kerhonkson Accord Jewish Senior Citizens, $50 from Alice Gray, $ 350 from Rochester Senior group and $61 in cash donations from various donors for the Spring Fling BBQ.
Second: Councilwoman Enouen
Aye: 3 nay: 0 abstain: 0 motion carried
Paddock, Smiseth-absent
TOWN OF OLIVE HIGHWAY SHARED SERVICES AGREEMENT:
Resolution # 243-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board authorizes the Town Supervisor to sign the shared services agreement between the Town of Rochester Highway Department and the Town of Olive Highway Department.
Second: Councilman Coleman
Aye: 3 nay: 0 abstain: 0 motion carried
Paddock, Smiseth-absent
• Councilman Paddock returned to the meeting at 7:51pm.
LOCAL LAW 3-2022: MORATORIUM:
Resolution # 244 -2022:
A Motion was made by Councilwoman Enouen and Seconded by Councilman Coleman that;
Whereas, the Town of Rochester Town Board has considered imposing a “Moratorium on Actions Subject to Building Permit, Site Plan, Special Use Permits, or Subdivision Review” presented as Local Law A of 2022, and
Whereas, the Town of Rochester Town Board identified such action as a Type II action under
6 NYCRR Part 617, State Environmental Quality Review, also known as SEQRA, and
Whereas, the Town of Rochester Town Board referred such local law to the Town of Rochester Planning Board and Ulster County Planning Board for comment, and
Whereas, the Town of Rochester Planning Board offered comment “there was agreement among all board members on general support for Local Law A”, and also offering comment on the format of the listing of exemptions in the Local Law, and
Whereas, the Ulster County Planning Board offered a required modification stating “For the purposes of transparency, the UCPB recommends that as part of any potential extension, that
the Town share documents with the general public, as well as with the UCPB, as part of a referral that shows the documented progress the Town has made towards adopting updates to the Town’s Zoning Statute and Subdivion of Land Statute”. Further advisory comments were made recommending ” that the Town consider expanding it further to consider development or redevevelopment within the hamlet areas. It is also noted that applications for zoning change or inclusion in the EEOO district is exempt. We would recommend that development review in those districts as part of such zoning changes should also be deemed to be excempt from the proposed moratorium. Finally, we would recommend that any proposals for housing with a set aside of 20% or more of units as affordable should also be allowed to proceeed as an exempt use.” and “the Town allow applications currently in front of the local planning board or ZBA to proceed at their own risk, particularly if their project is likely to be in alignment with the goals of the Town/proposed zoning amendments. Allowing applicants to proceed at their own risk, should they choose to do so, offers the opportunity to receive shortened decision times once the moratorium lifts.”, and the Town of Rochester Town Board accepts the Required Modification of the Ulster County Planning Board, and
Whereas, the Town of Rochester Town Board held public hearing on local Law A on April 28, 2022 and reconvened on May 25, 2022, and
Whereas, a number of speakers made comment and written comment was received and the Town of Rochester closed the public hearing on May 25, 2022, and
Whereas, the Town of Rochester Town Board discussed the local law in public meeting on May 25, 2022, making two changes to the local law. A provision for zoning changes being exempt was struck from the local law, and a section of prohibited actions was further clarified, and
Whereas, the final version of Local Law A-2022 was emailed to Town Board members on May 25, 2022, and
Therefore, the Town of Rochester adopts Local Law A-2022 a “Moratorium on Actions Subject to Building Permit, Site Plan, Special Use Permits, or Subdivision Review” and, with this resolution, renames such as Local Law 3-2022, and further requests the Town Clerk file such local law with the Dept. of State
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
LOCAL LAW 4 -2022: ACCESSORY DWELLING UNIT:
Resolution # 245-2022:
A Motion was made by Councilwoman Enouen and Seconded by Councilman Paddock that;
Whereas, the Town of Rochester Town Board has considered adopting a local law “Amending Chapter 140 of the Code of the Town of Rochester, Pursuant to, and in accordance with, the provisions of the New York State Municipal Home Rule Law and the NYS General Municipal Law, Article 18, §808, the Town of Rochester Town Board amends Chapter 140, Zoning, to add a new section 140-13.1, Accessory Dwelling Units, of the Code of the Town of Rochester” presented as Local Law B of 2022, and
Whereas, the Town of Rochester Town Board identified such action as a Type I action under
6 NYCRR Part 617, State Environmental Quality Review, also known as SEQRA, and
Whereas, the Town of Rochester Town Board referred such local law to the Town of RochesterPlanning Board and Ulster County Planning Board for comment, and
Whereas, the Town of Rochester Planning Board offered comment “the consensus among members is that we are all in favor of the ADU law in the town” and offered further items, as discussed by the Planning Board regarding size, curb cuts,and types of structures which would be considered an ADU, and
Whereas, the Ulster County Planning Board offered a an approval recommendation stating, “The Town of Rochester has produced a draft law to support the development of ADUs that agrees with policies and consistent recommendations of the Ulster County Planning Board concerning the regulation of this type of use. The Town’s new draft concurs with our previous recommendations regarding not requiring additional density for detached ADUs, as well as allowing ADUs to occur on nonconforming lots, provided they go through site plan review. The UCPB therefore congratulates the Town and recommends this proposed law be approved.”, and
Whereas, the Town of Rochester Town Board held public hearing on local Law B on March 31, 2022 and reconvened on May 25, 2022, and
Whereas, a number of speakers made comment and written comment was received and the Town of Rochester closed the public hearing on May 25, 2022, and
Whereas, the Town of Rochester Town Board discussed the local law in public meeting on May 25, 2022, making one change to the local law. The maximum squart fottage was reduced from 900 to 750 square feet, and
Whereas, the final version of Local Law B-2022 was emailed to Town Board members on May 25, 2022, and
Therefore, the Town of Rochester adopts Local Law B-2022 a “Amending Chapter 140 of the Code of the Town of Rochester, Pursuant to, and in accordance with, the provisions of the New York State Municipal Home Rule Law and the NYS General Municipal Law, Article 18, §808, the Town of Rochester Town Board amends Chapter 140, Zoning, to add a new section 140-13.1, Accessory Dwelling Units, of the Code of the Town of Rochester” and, with this resolution, renames such as Local Law 4-2022, and further requests the Town Clerk file such local law with the Dept. of State
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
AUTHORIZING A VENDOR INCREASE IN PAYMENT:
Resolution # 246-2022:
A Motion was made by Councilwoman Enouen that Town of Rochester Town Board authorizes the Town Supervisor to increase payment for line dancing classes to $45 per session from $30 per session effective June 5, 2022. The vendor name to be changed from Goldie Goldberg to One Thousand Dances.
Second: Councilman Coleman
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
AUTHORIZING A VENDOR INCREASE IN PAYMENTS:
Resolution # 247-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board authorizes the Town Supervisor to increase payment for exercise classes to $45 per session from $30 per session effective June 5, 2022 to Rita Harkins.
Second: Councilman Coleman
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
AUTHORIZING USE OF TOWN HIGHWAYS:
Resolution # 248-2022:
A Motion was made by Councilman Paddock that the Town of Rochester Town Board authorizes the Town Supervisor to sign the proposed agreement authorizing the use of certain Town roadways for the charity bike ride event “The Ride for Mental Health” to be held June 18, 2022 and June 19, 2022 upon presentation of a Certificate of Liability Insurance certificate naming the Town of Rochester as an additional insured party.
Second: Councilman Coleman
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
APPROVAL OF REFUND REQUEST:
Resolution # 249-2022:
A Motion was made by Councilman Paddock at the request of the Planning Board secretary and applicant Jacob Feder the Town of Rochester Town Board authorizes the Supervisor to send refund for the remaining balance of Escrow fees after bills are received.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
APPROVAL OF REFUND REQUEST:
Resolution # 250 -2022:
A Motion was made by Councilman Coleman at the request of the Code Enforcement Office and applicant Brenda Leder the Town of Rochester Town Board authorizes the Supervisor to refund a municipal search fee of $ 125.00.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
SEQRA REVIEW OF PROPOSED LOCAL LAW C: SOLID WASTE/ LITTERING LAW:
The Town Board reviewed parts 2 &3
Resolution # 251 -2022:
A Motion was made by Councilman Paddock that the Town of Rochester Town Board reviewed both parts 2 & 3 of SEQRA and approve all 11 items to be listed as no, or small impact. A negative declaration is determined.
Second: Councilwoman Enouen
ROLL CALL VOTE:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth absent
Supervisor Baden aye 4-0aye, motion carried
ADOPTION OF LOCAL LAW # 5 OF 2022: AMENDING CHAPTER 118 OF THE CODE OF THE TOWN OF ROCHESTER, SOLID WASTE OF THE CODE OF THE TOWN OF ROCHESTER TO SOLID WASTE AND LITTERING:
Resolution # 252-2022:
A Motion was made by Supervisor Baden that the Town of Rochester Town Board remove Chapter 118: Solid waste and replace it with Chapter 118: Solid Waste & Littering, adopting Local Law # 5 of 2022 and authorize the Town Clerk to file with the New York Secretary of State. Said law shall become effective immediately upon the filing in the office of the New York Secretary of State.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
DISCUSSION ITEMS:
2023 Ambulance Improvement Districts:
The Area map has been identified. Our Town Assessor established a percentage of value to each district. A report will be generated based on requests of funding.
Local Law – Zoning Code Revisions:
SCHEDULE PUBLIC HEARING ON PROPOSED LOCAL LAW D-2022: AMENDING CHAPTER 140 ZONING: PROHIBITED USES
Resolution # 253-2022:
A Motion was made by Councilman Coleman to schedule a public hearing on proposed local law D -2022: prohibited uses on June 30, 2022 at 7:30pm at the Harold Lipton Community Center and for the Town Clerk to advertise the same.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
AUTHORIZE THE TOWN CLERK TO SEND REFERRAL:
Resolution # 254 -2022:
A Motion was made by Councilman Paddock that the Town Board authorize the Town Clerk to send proposed Local Law D-2022 for referral to the Ulser County Planning Board and the Town of Rochester Planning Board.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
CLASSIFICATION UNDER SEQRA REVIEW:
Resolution # 255 -2022:
A Motion was made by Councilwoman Enouen to classify proposed local law D-2022 as type 1 action under SEQRA.
Second: Councilman Paddock
ROLL CALL VOTE:
Councilman Coleman aye
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth absent
Supervisor Baden aye 4-0aye, motion carried
Request for EEO Amendment (resolution 314-2018) – 2919-2921 Lucas Tpke, Accord:
The Board agreed to discuss the amendment further at the workshop meeting.
Video Participation for Meetings Local Law:
Attorney Christiana stated that the Association of Towns gave guidelines and samples that she will send to the Town Board for review.
EXECUTIVE SESSION:
A Motion was made by Supervisor Baden to enter into executive session at 8:40pm to discuss particular persons involving appointed Boards.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
A Motion was made by Councilman Paddock to reconvene the meeting at 9:36pm with no action taken nor monies expended.
Second: Councilman Coleman
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-absent
ADJOURNMENT IN MEMORIAM:
A Motion was made by Councilwoman Enouen to adjourn the meeting at 9:36pm in memorium of the following;
Frances James Monte
Anthony Barringer
Wendy Avery
Wendy Small
Joseph Geiselhart
Diana Depuy
Daniel Rose Jr.
Paul Cunningham
The people of Ukraine
All suffering worldwide from the COVID-19 virus
Families affected by recent shootings; Texas, Tulsa & Buffalo
Second: Councilman Paddock motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK