The Town of Rochester Town Board held the Workshop Meeting on January 18, 2023 at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404
To View the Meeting
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
PRESENT:
Councilman Michael Coleman Councilwoman Erin Enouen
Councilman Adam Paddock Town Supervisor Michael Baden
Town Clerk Kathleen Gundberg Attorney Marylou Christiana ( Hybrid)
ABSENT:
Councilwoman Charlotte Smiseth
Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.
RESOLUTIONS:
ACCEPTANCE OF AGENDA:
Resolution # 81-2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town Board accepts the agenda, as prepared by the Town Supervisor with amendments to add discussion for Ag Committee, model building code and an executive session with the Town Attorney to discuss candidates for Boards and Commissions.
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
ADOPTION OF LOCAL LAW 1- 2023:
Resolution # 82-2023:
Motion: Councilwoman Enouen
Second: Councilman Paddock
The Town of Rochester Town Board adopts Local Law 1-2023, a local law amending §128, Taxation of the Code of the Town of Rochester, and requests the Town Clerk file notice with the NY Department of State.
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
ADOPTION OF LOCAL LAW 2-2023:
Resolution # 83-2023:
Motion: Councilman Coleman
Second: Councilwoman Enouen
The Town of Rochester Town Board adopts Local Law 2-2023, a local law amending §128, Taxation of the Code of the Town of Rochester, and requests the Town Clerk file notice with the NY Department of State.
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
AUTHORIZATION TO CIRCULATE AN RFB:
Resolution # 84-2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
Amended by Councilwoman Enouen and Seconded by Councilman Coleman to change resolution to read as RFB not RFP.
Discussion: Supervisor Baden stated it’s the same RFB we have put out before with the removal of the best value practice.
The Town of Rochester Town Board authorizes the Supervisor to circulate the RFP for the design and construction of a single ADA bathroom in the Town of Rochester Justice Court, as presented
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
RENEWAL OF RACETRACK PERMIT:
Resolution # 85-2023:
Motion: Supervisor Baden
Second: Councilman Paddock
The Town of Rochester Town Board authorizes the racing permit renewal to Accord Speedway, Inc., pursuant to Town of Rochester Code §107-4C and all other conditions as specified in Town of Rochester Code §107.
Such permit is authorized only contingent upon presentation of the following proofs to the Town prior to commencement of the 2023 racing schedule.
Each year an Ulster County Health Department permit shall be required for all food concessions on the racetrack premises as a condition precedent to obtaining a permit from the town to operate said racetrack. The applicant shall provide proof of compliance with Ulster County Health Department regulations as they pertain to lavatories and septic facilities as a condition precedent to obtaining a permit from the town to operate said racetrack.
Liability insurance. The permittee shall at all times maintain in full force and effect a public liability insurance policy in amounts not less than $1,000,000 for damages in which one person is killed or injured per occurrence and not less than $2,000,000 for damages in which more than one person is killed or injured per occurrence. A certificate of insurance naming the Town of Rochester as an additional insured must be filed with the Town Clerk at least five days prior to the first date of racetrack usage specified in the permit. Said certificate shall bear the, name of the insurance company, the policy number, the term of the policy, the above-specified amounts and the name and address of the permittee’s insurance agent.
The permit holder shall deposit with the Town Clerk $1000 for the Town Code Enforcement Officer’s use in hiring an independent sound expert to perform sound measurements and issue report(s) to the Town Board and the Code Enforcement Officer with respect to the permit holder’s compliance with the noise requirements of Chapter §107. This amount is for one testing. Should additional testing be determined to be warranted for said measurements; which may be taken two times during the racing season at the sole expense of the permit holder; an additional $1000 shall be required at such time. Additional measurements above two obtained by the town during the racing season shall be at the sole expense of the town.
The Town Board grants the Supervisor the authority to review and certify these conditions have been complied with without further resolution
The Town Board further accepts the racing schedule as presented for 39 actual racing dates and 25 potential rain dates. Dates listed as rain dates may be utilized only in the case of replacement of a rained out approved event date.
The Town Board further states, upon verification with the Code Enforcement Officer, there are no outstanding notices of violation issued by the Town and required sound testing for 2022 occurred.
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
DISCUSSION ITEMS:
AGRICULTURAL COMMITTEE:
Councilwoman Enouen presented to the Town Board a sample resolution for the creation of a Agricultural Committee. The Board made appropriate changes and Councilwoman stated that she would work on the resolution more and bring it back to the Board by the February meeting.
SAFETY CONSULTANT RFP:
The Board reviewed the RFP that Supervisor Baden prepared and presented.
EXECUTIVE SESSION:
Motion: Supervisor Baden
Second:Councilwoman Enouen
The Town of Rochester Town Board will enter into executive session at 8:07pm for the purpose to discuss particular applicants for the Ambulance Tax District and for the Town Attorney to join.
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
RECONVENE MEETING:
Motion: Councilwoman Enouen
Second: Councilman Coleman
Reconvene the meeting at 9:25pm with no action taken nor monies expended.
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
AMBULANCE DISTRICT DRAFT CONTRACTS:
Resolution # 86 -2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
Authorizing the Town Supervisor and the Attorney for the Town to make changes to the Rochester Ambulance District and High Falls Ambulance District draft contracts as discussed at the January 18, 2023 workshop meeting and submit to the respective vendors for consideration.
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
REFERRAL OF SUBDIVISION CODE TO UC AND TOWN PLANNING BOARDS:
Resolution # 87-2023:
Motion : Councilwman Enouen
Second: Councilman Paddock
Authorizing the Town Supervisor to make changes to the draft Subdivision code, Local Law A-2023 as discussed at the January 18, 2023 workshop and send referral to the Ulster County Planning Board and the Town of Rochester Planning Board for comment.
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
ADJOURNMENT:
Motion: Councilwoman Enouen
Second: Councilman Coleman 10:54 pm, motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK