Town Board Regular Meeting – 12/1/2022

Town of Rochester Town Board
Regular Meeting
December 1, 2022 immediately following public hearings
Harold Lipton Community Center
15 Tobacco Road, Accord, NY
As of 11-28-2022

To View the Meeting
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

I. Call to Order – Pledge to the Flag – Roll Call

II. Resolutions
A. Acceptance of Agenda
Recommended Resolution: The Town Board accepts the agenda, as prepared by the Town Supervisor.

III. Resolutions
B. SEQRA Local Law 10-2022
Recommended Resolution: The Town of Rochester Town Board determines Local Law 10-2022 will not have a significant adverse impact on the environment and should be classified as a Type II Action under the following 6 NYCRR Part 617 criteria. No further SEQRA review is required.
617.5 (c)(26), routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment

C. SEQRA Local Law 11-2022
Recommended Resolution: The Town of Rochester Town Board determines Local Law 11-2022 will not have a significant adverse impact on the environment and should be classified as a Type II Action under the following 6 NYCRR Part 617 criteria. No further SEQRA review is required.
617.5 (c)(26), routine or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment

IV. Discussion – Local Law 10-2022

V. Discussion – Local Law 11-2022

VI. Attorney for the Town Report

VII. Supervisor’s Financial Report
• November 2022 report – Filed with the Town Clerk
November 2022 Financials
Revenue November 2022
General Fund $
Highway Fund $

Expenditures
Abstract 11-2022
General Fund $
Highway Fund $
Street Lighting Fund $
Escrow Fund $

Total Expenditures November 2022
General Fund $
Highway Fund $

VIII. 2023 Adopted Budget Report

IX. Supervisor’s Correspondence Report

X. Supervisor’s Update
a. COVID-19 report
b. Grant Updates
1. NY Rising – Alligerville Firehouse, Harold Lipton Community Center
2. BridgeNY – Boice Mill Road Bridge
3. LGRMIF – Building Dept./Code Enforcement record conversion
c. Ulster Cares II applications

XI. Town Clerk/Tax Collector Report

XII. Highway Supt. Report

XIII. Dept. Updates/Liaison Reports

XIV. Public Comment
To Comment in the Meeting
https://us02web.zoom.us/j/88452237557?pwd=TXFWODdZeDAvcmVCR0ZQazFaS2NuUT09
or Dialin Number: 929 205 6099 Meeting ID: 884 5223 7557 Passscode: 289553

XV. Town Board Member Time

XVI. Resolutions
D. Action on Minutes
Recommended Resolution: The Town of Rochester Town Board accepts the minutes of the November 3 Business Meeting, November 3 Public Hearings, and November 16 Workshop meeting. The November 30, 2022 minutes are tabled.

E. Acceptance of Donation
Recommended Resolution: The Town of Rochester Town Board accepts donations toward the Thanksgiving Luncheon of $250 from the Rochester Residents Association, $100 from Arlene Levine, $70 from the Kerhonkson Accord Jewish Seniors, and $177 in various cash donations.

F. Acceptance of Donation
Recommended Resolution: The Town of Rochester Town Board accepts donation of $70.30 from St. Pauli Textile.

G. Electrical Inspector Designation
Recommended Resolution: The Town of Rochester Town Board, upon request by the Building Department, the Town of Rochester Town Board authorizes the addition of David Smith, the Inspector LLC, 5390 State Route 11, Burke, NY 12917 to the list of Town of Rochester approved 3rd party electrical inspectors.

H. Authorizing Supervisor to Sign a Contract – UCRRA Contract Extension
Recommended Resolution: The Town of Rochester Town Board agrees to section 19 of the Municipal Solid Waste Management agreement, dated January 1, 2022, between the Ulster County Resource Recovery Agency (UCRRA) and the Town of Rochester extending the agreement an additional three years on the same terms and conditions. The Supervisor is authorized to acknowledge acceptance of the extension to the UCRRA.

I. Authorizing Supervisor to Sign a Contract – Planning Board Legal Counsel
Recommended Resolution: The Town of Rochester Town Board authorizes the Town Supervisor to sign the legal services agreement between Gordon & Svenson LLP, 42 Catharine Street, Poughkeepsie, NY 12601 and the Town of Rochester to provide legal counseling and representation to the Town of Rochester Planning Board, effective January 1, 2023.

J. Authorizing Supervisor to Sign a Contract – Planning Board Wetlands Consultant
Recommended Resolution: The Town of Rochester Town Board authorizes the Town Supervisor to sign the services agreement between Cornerstone Associates, 1770 Central Street, Yorktown Heights, New York 10598 and the Town of Rochester to provide application wetlands review consulting services to the Town of Rochester Planning Board, effective immediately.

K. Moratorium Extension
Whereas on June 2, 2022 the Town of Rochester Town Board adopted Local Law 3 of 2022 declaring “for a period of one hundred eighty (180) days from the effective date of this local law, the Town Board hereby declares a moratorium prohibiting
• Consideration by the Planning Board of any Site Plan or Special Use Permit, or the review thereof, of any plan containing existing or proposed structures or combination of structures larger than 4,000 square feet
• Consideration by the Planning Board of any Preliminary or Final Plat for any land subdivision or the review thereof dividing a single parcel into three or more parcels
• Acceptance, consideration, preliminary approval or final approval by the Town of Rochester Zoning Board of Appeals of any Action or any application for a waiver or variance in connection with any Actions prohibited
• Issuance of any permit by the Town of Rochester for highway utility work in connection with any Actions prohibited, and
Whereas, the effective date of this local law is deemed as being June 7, 2022, the date filed with the NYS Department of State, and
Whereas, the one hundred and eighty day moraotium expires on December 4, 2022, and
Whereas, the Town of Rochester Town Board, with adoption of Local Law 3 of 2022 allowed for “The time period set forth in this section may be extended by two additional periods of up to three (3) months, by resolution of the Town Board, upon a finding of necessity for such extension”, and
Whereas, the Town of Rochester Town Board continues to work diligently and timely toward the adoption of code revisions, and
Therefore, the Town of Rochester Town Board, pursuant to Local Law 3 of 2022 extends Local Law 3 of 2022 until March 4, 2023 with the adoption of this resolution.

L. SEQRA Review – Rehabilitation of O&W Rail Trail, Town Hall to Kerhonkson Segment
Recommended Resolution: The Town of Rochester Town Board, upon review of the following documents
• Overview map, dated January 2022, prepared by Open Space Institute
• Short Form EAF Part 1, dated November 28, 2022, prepared by Open Space Institute
• Memorandum of Environmental Review, dated April 26, 2022,
prepared by Christopher C. Cornwell, PE, GPI
determines the rehabilitation project of the 3.22 miles section of the O&W Rail Trail from Town of Rochester Town Hall to Kerhonkson Main Street will not have a significant adverse impact on the environment and should be classified as a Type II Action under the following 6 NYCRR Part 617 criteria. No further SEQRA review is required.
617.5 (c)(1), Maintenance or repair involving no substantial changes in an existing structure or facility
617.5 (c)(2), Replacement, rehabilitation, or reconstruction of a structure or facility, in kind, on the same site

M. Housing Advisory Appointments (repeat reolution up to 7 times)
Recommended Resolution: Councilperson _________ nominates ___________ for appointment to ad hoc Housing Advisory Committee.

XVII. Discussion – possible resolutions
N. 2023 Organizational Meeting – Tuesday January 3, 2023 or Thursday January 5, 2023
O. Charter Spectrum proposal
P. BridgeNY call for projects
Q. Ambulance Districts Board of Advisors

XVIII. In Memoriam

Edith Cohen
Richard Pagel Jr.
Mary “Sissy” Anna Shultis
Robert McClay
John Knight
Daniel Marschlich
Patricia Anne Beneway
Gloria Gerosa
Dr. DebraTillinger
The people of Ukraine
All suffering worldwide from the COVID-19 virus

XIX. Adjournment