Town Board Regular Meeting – 6/2/2022

Town of Rochester Town Board
Regular Meeting
June 2, 2022 6:30pm

Harold Lipton Community Center
15 Tobacco Road, Accord, NY
As of 5-31-2022

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. Attorney for the Town Report

IV. Town Clerk/Tax Collector Report

V. Highway Supt. Report

VI. Supervisor’s Financial Report
• May 2022 report – Filed with the Town Clerk

May 2022 Financials
Revenue April 2022
General Fund $ TBD
Highway Fund $ TBD

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 $ TBD
Highway Fund $ TBD
Street Lighting Fund $532.49
Escrow Fund $3535.00

VII. Supervisor’s Correspondence Report


VIII. Supervisor’s Update
a. Congratulations
b. COVID-19 report
c. 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
4. JCAP – Courthouse bathroom ADA compliance reconstruction
5. ARPA Funding
d. Ulster County updates
e. Memorial Day
f. Granary SEQRA Intent to Seek Lead Agency
circulated May 6, 2022 June 8, 2022 is due date of response

IX. Dept. Updates/Liaison Reports

X. Town Board Member Time

XI. 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

XII. Resolutions
B. Action on Minutes
Recommended Resolution: 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, May 25, 2022 public hearings, and May 25, 2022 Special Meeting.

C. Resolution Amending Approval of Abstract 5-2022
Recommended Resolution: The Town of Rochester Town Board authorizes amendment of resolution XXX of 2022 approving payment of abstract 5-2022, with the following corrections:
Highway Fund $323,475.82 replacing approved payment $323,376.82

D. Acceptance of Donation of Goods
Recommended Resolution: The Town of Rochester Town Board accepts donations for Veterans Park of mulch from Brian Bell and plants from Saunderskill Farms

E. Acceptance of Donations
Recommended Resolution: The Town of Rochester Town Board accepts donation of $250 from the Rondout Valley Federation of Teachers for the Summer Program 2022.

F. Acceptance of Donations
Recommended Resolution: The Town of Rochester Town Board accepts donations of $50 from the Kerhonkson Accord Jewish Senior Citizens, $50 from Alice Gray, and $61 in cash donations from various donors for the Spring Fling BBQ.

G. Town of Olive Highway Shared Services Agreement
Recommended Resolution: 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.
H. Local Law A-2022, Moratorium
Recommended Resolution:
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

I. Local Law B-2022, Accessory Dwelling Unit
. Recommended Resolution:
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 Rochester Planning 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

J. Authorizing a Vendor Increase in Payment
Recommended Resolution: The 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.

K. Authorizing a Vendor Increase in Payment
Recommended Resolution: 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.

L. Appointment of Employees – Summer Youth Program
Recommended Resolution: On request of the Recreation Director,the Town of Rochester Town Board makes appointment of seasonal workers for the period of July 5, 2022 through August 27, 2022, subject to background check and confirmation by Ulster County Personnel as follows:

Recreation Aide $17.00 per hour for up to 38 hours per week
Maryanne Gates, Sheila Brown, Veronica Schwenk
Counselor $13.50 per hour for up to 30 hours per week
Cheyenne Freer, Alyssa Delanoy, Ally Dennin, Sydney Allen, Alexandria Morales

M. Authorizing Use of Town Highways
Recommended Resolution: 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 19, 2021 and June 20, 2021 upon presentation of a Certificate of Liability Insurance certificate naming the Town of Rochester as an additional insured party.

XIII. Discussion Items
N. 2023 Ambulance Improvement Districts
O. Local Law C-2022 – Solid Waste/Littering
P. Local Law – Zoning Code Revisions
Q. Request for EEO Amendment (resolution 314-2018) – 2919-2921 Lucas Tpke, Accord
R. Video Participation for Meetings Local Law

XIV. In Memoriam
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

XV. Adjournment

LL 4-2022.5_25_2022 for consideration 6_02_2022

Local Law 3 of 2022.Moratorium.for consideration 6_02_2022