Town of Rochester Town Board
Regular Meeting
June 1, 2023 6:30pm
Harold Lipton Community Center
15 Tobacco Road, Accord, NY
As of 5-30-2023
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.
B. Correction to Highway Abstract 5-2023
Recommended Resolution; The Town of Rochester Town Board makes correction to the amount approved as paid in Highway Abstract 5-2023 to the new amount of $167,387.87
III. Supervisor’s Financial Report
a. May 2023 report – Filed with the Town Clerk
May 2023 Financials
Revenue May 2023
General Fund $TBD
Highway Fund $TBD
Expenditures
Abstract 5-2023
General Fund $177,480.98
Highway Fund $167,387.87 – corrected error at posting
Capital Fund $72,699.17
Street Lighting Fund $363.77
Ambulance Fund $0.00
Escrow Fund $8,793.79
Total Expenditures May 2023
General Fund $TBD
Highway Fund $TBD
Capital Fund $72,699.17
Street Lighting Fund $363.77
Ambulance Fund $0.00
Escrow Fund $8,793.79
IV. Supervisor’s Correspondence Report
V. Supervisor’s Update
a. 2023 Memorial Day
b. O&W Rail Trail project
c. Grant Updates
1. NY Rising – Alligerville Firehouse
2. BridgeNY – Boice Mill Road Bridge
d. Parking Lot striping
e. Granary EEO public hearing update
f. Constable civil service examinations
g. Ulster County Agricultural and Farmland Protecttion Plan
h. Ulster County Hazard Mitigation Plan
VI. Attorney for the Town Report
VII. Town Clerk/Tax Collector Report
VIII. Highway Supt. Report
IX. Dept. Updates/Liaison Reports
X. 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
XI. Town Board Opportunity to Respond to Public Comment
XII. Town Board Member Time – Other Matters
XIII. Resolutions
D. Action on Minutes
Recommended Resolution: The Town of Rochester Town Board accepts the minutes of the May 4 Public Hearing, May 4 Business Meeting, May 11 Workshop meeting, May 24 public hearing, May 24 Audit meeting, and May 30 Workshop meeting as presented
E. Acceptance of Donations
Recommended Resolution: The Town of Rochester Town Board accepts donations in the total amount of $1,050.25, as follows
a. Spring Fling Community Gathering
1. Alica Gray $25.00
2. .Rochester Senior Group $250.00
3. Mel and Elaine Tapper $50.00
4. Various Cash Donations $119.00
b. Summer Program
5. Rochester Senior Group $250.00
c. Piano Tuning
6. Marjorie Bogert $275.00
d. Clothing
7. St. Pauly Textile $81.25
F. Award of Abrasive Sand Bids
Recommended Resolution: The Town Board sought sealed bids for abrasive screened sand for winter road use, due on or before Wednesday May 31, 2022 at 11:00am at the office of the Town of Rochester Clerk, where they were opened and read aloud. A non-collusion form and certified testing results shall be included as a part of the bid package. The Town Board has the right to reject any and all bids.
Bids Received: TBD
Specifications
1. The sand shall be hard with 100% passing 3/8″ screen, not more than 15% passing #50 mesh and not more than 4% passing #200 mesh and must be readily usable in spreading equipment.
2. Certified testing results shall be submitted as a part of the bid package.
3. Bid prices shall be priced per ton; variations will not be accepted.
4. The bidder’s attention is called to the fact that if scales are not available at plant site, the bidder must state conversion factor-weight per cubic yard on bid conversion sheet.
5. Sand is to be made available for pickup by trucks designated by Town of Rochester authorized entities and operated by authorized personnel.
6. Bids shall be guaranteed valid for a period of 2 years from July 1, 2023 through June 30, 2025.
G. Appointment of Summer Recreation Program Staff
Recommended Resolution: On request of the Recreation Director the Town of Rochester Town Board appoints Summer Recreation staff as follows, effective June 25, 2023 through August 26, 2023 for the rates of pay and hours, as budgeted.
Summer Recreation Aide – Maryanne Gates, Sheila Brown, and Veronica Schwenk
Summer Counselor – Cheyenne Freer, Brody Baker, Ally Dennin, Sydney Allen, Alexandria Morales, and Sophia Bollin
H. Adoption of Town of Rochester Freedom of Information Policy
Recommended Resolution: The Town of Rochester Town Board adopts the proposed Freedom of Information Policy, as presented by the Town Supervisor and reviewed by the Town Clerk and Attorney for the Town.
I. Adoption of Local Law 6 of 2023
Recommended Resolution:
Whereas, the Town of Rochester Town Board adopted a “Moratorium on Actions Subject to Building Permit, Site Plan, Special Use Permits, or Subdivision Review” presented as Local Law 3 of 2022 on June 2, 2022 and
Whereas, the Town Board has worked diligently this past year on adoption of new Subdivision and Zoning codes holding 30 public hearing sessions on subchapters of proposed codes, and
Whereas, the Town of Rochester Town Board is completing review of the many comments received from these hearings and believes additional time will be in the best interest of all involved, and
Whereas, the Town of Rochester Town Board proposes Local Law _ of 2023, extending the moratorium until October 1, 2023, 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 no comments for Local Law _ of 2023, 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”, and
Whereas, further Advisory comments were made by the UCPB recommending ” The UCPB approves of the propsed exempted list, but would recommend 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
Whereas, the Town of Rochester Town Board accepts the Required Modification and Advisory Comments of the Ulster County Planning Board, and
Whereas, the Town of Rochester Town Board held public hearing on local Law _ on May 4, 2023. No speakers or written comment were received and Town of Rochester closed the public hearing on May 4, 2023, and
Whereas, the Town of Rochester Town Board discussed the local law in public meeting on May 11, 2023, making change, with resolution 212 of 2023 to add an exemption for any proposals for housing with the set aside of 20 % or more units as affordable, 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 renamed such local law as Local Law 6 of 2023 on May 11, 2023, and
Whereas, the amended version of Local Law 6-2023 was emailed to Town Board members and the Town Clerk on May 15, 2023, and
Therefore, the Town of Rochester adopts Local Law 6-2023 a “Moratorium on Actions Subject to Building Permit, Site Plan, Special Use Permits, or Subdivision Review”, and further requests the Town Clerk file such local law with the Dept. of State, and notify the Building Department, Code Enforcement Department, and Planning and Zoning Department of the adoption of this local law.
J. Renaming and Adoption Local Law X of 2023, Ethics Amendment
Recommended Resolution:
Whereas, the Town of Rochester Town Board conducted a public hearing regarding amendments to Chapter 17, Ethic s, of the Town Code, and
Whereas, a public hearing was convened on April 23, 2023. Several residents expressed their concerns of proposed amendments, and
Whereas, on May 11, 2023 the Town Board discussed the amendments and
1. removed the proposed change from consideration regarding “indirect supervisoion of employees” from consideration
2. leaving the proposed change increasing allowance of gifts to be increased from $25 to $75, as has been recommended by the Attorney for the Town for many years and matching NYS ethics law, and
Whereas, such amendments to the proposed law were deilivered by email to Town Board members and the Town Clerk on May 21, 2023, and
Whereas, with this resolution, the Town of Rochester Town Board identifies such action as a Type II action under 6 NYCRR Part 617, State Environmental Quality Review, also known as SEQRA and renames such local law as Local Law 7 of 2023, and
Therefore, the Town of Rochester adopts Local Law 7-2023, amending Chapter 17, Ethics, and further requests the Town Clerk file such local law with the Dept. of State
K. Amendment to Resolution 101 of 2023, Establishing Agricultural Advisory Committee
Recommended Resolution: The Town of Rochester Town Board amends resolution 101 of 2023, as follows
RESOLVED, The Committee shall consist of the following membership composition:
A. The Committee shall be composed of 7 8 members appointed by the Town
Board as follows:
1) Members shall be appointed from residents of the Town of Rochester. The Town recognizes that an effective Agricultural Advisory Committee is comprised of members from the agricultural community, including but not limited to: those engaged in agriculture or agricultural related enterprises such from the nursery, crop production, brewery/winery, agritourism, and dairy segments of the industry; those with an interest in small scale agriculture or hobby farming; and those with a background in agriculturally related organizations, industries or technical assistance programs
2) The Town Board may, notwithstanding any inconsistent provision of law, appoint up to two members to the Committee who are between the ages of 16 and 21.
3) The Committee shall designate the Chairperson.
B. The members appointed to the Committee shall serve for a three-year term. Upon
initial formation, 2 members shall serve for a one-year term, 2 3 members for a two-year term, and 3 members for a three-year term. Each year thereafter, reappointments or new appointments will be for three-year terms.
L. Appointment of Members to the Agricultural Advisory Committee
Recommended Resolution: The Town of Rochester Town Board appoints the following persons to the Agricultural Advisory Committee
1.One year term – TBD
2.One year term – TBD
3.Two year term – TBD
4.Two year term – TBD
5.Two year term – TBD
6.Three year term – TBD
7.Three year term – TBD
8.Three year term – TBD
XIV. Discussion – possible resolutions
N. Request for Permit for Assembly – Hideaway Circus
O. Request by American Tower – Cell Tower Lease amendment
P. Request by landowner, No Parking zone along property
Q. No Parking Sign purchase
R. Gasoline software upgrade
S. Courthouse Construction – Well Pump
T. Land Use Leadership Alliance Fall Conference Invitation.
U. July and August special meeting dates – Subdivision and Zoning update
V. 2023 CFA Funding
XV. In Memoriam
Jeannine L. Riopelle
Thomas William Barringer
Shirley J. (Avery) Lyons
Raymond Lawrence
Carmina Di Santo
Belle Anne Waite
Myrna Elizabeth Foncree
Jonathan P. Sheeley
Gordon “Mike” Eaves
All suffering from gun violence
The people of Ukraine
XVI. Adjournment