Town of Rochester Town Board held the Regular Meeting on August 3, 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 Councilwoman Charlotte Smiseth
Town Supervisor Michael Baden Town Clerk Kathleen Gundberg
ABSENT:
Supervisor Baden called the meeting to order and led in the pledge of Allegiance to the Flag.
ACCEPTANCE OF AGENDA:
Resolution # 270-2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town Board accepts the agenda, as prepared by the Town Supervisor with the addition of adding resolution of Attorney authorization, an executive session pertaining to on going litigation and particular employee situation, extending the floor to the Housing Committee to give presentation of short term rentals and setting STR cap.
Aye: 5 nay: 0 abstain: 0 motion carried
PRESENTATION BY HOUSING COMMITTEE:
The Town of Rochester Housing Committee makes the following recommendations concerning the issuance of permits for short term rentals:
We recommend that the Town Board issue a moratorium on new permits for non-owner-occupied short-term rentals and set a cap of Zero new permits for next year. We also strongly recommend that existing non-owner-occupied permits not be renewed.
We make this recommendation for the following reasons: At present, as many as one out of every 10 housing units in our Town is a Short Term Rental. In determining that number – We added the original 200 permits plus the cap of 40 last year to the 81 already grandfathered in, for a total of 321 short term rental units. Based on a rough analysis we undertook, we strongly believe that there are at least 10 to 15 unregistered units at the very minimum, for an approximate total of 331, which is 10% of our total
housing stock. Keeping this many units out of commission for residents contributes to the housing crisis which exists in this Town as well as throughout the Mid-Hudson region. Due in part to the prevalence of short term rentals, there are fewer houses or apartments available for long term rentals or owner-occupied dwellings.
The increase in property values, driven in part by investor interest in short term rentals, has resulted in fewer and fewer of the people who work in the area being able to afford to buy a house or find a house to rent.
Local businesses are having difficulty keeping employees because housing options are so limited. Workers and employees of our local businesses—are all forced to look elsewhere to live.
We are not recommending abolishing all STR’s as Woodstock has done. We recognize that tourism has traditionally been important to our local economy and is again today becoming increasingly important. However, the scarcity of long term housing options has also begun to deeply affect our local economy and the people who work here.
Given how difficult it currently is to build additional housing, we are proposing a temporary moratorium while we gather and analyze STR data and calculate numbers as info becomes available. We also want to work with the Town in developing policies that encourage long term rentals and owner-occupied housing.
We would also like to note that currently before the State legislature is a bill to regulate STR’s statewide and create a fund from registrations for affordable housing and fines for unregistered units. We will keep an eye on the legislation’s progress.
In a time of crisis we can’t afford to take more units out of the rental market. We need time to first think through strategies to stabilize the housing situation.One final recommendation is for the Town board to submit a letter of support endorsing our County Executive (Metzger) looking to increase the
bed tax from 2% to 4% that will also apply to short term rentals.
Thank you for your time and consideration of these recommendations.
SUPERVISOR’S FINANCIAL REPORT:
July 2023 report to be made atAugust 10 workshop meeting
SUPERVISOR’S CORRESPONDENCE REPORT:
SUPERVISOR’S UPDATE:
Supervisor Baden thanked Councilwoman Enouen for chairing the meeting last week and apologized for being unable to attend the meeting due to health concerns.
O&W Rail Trail Project: The project has begun working on the first part of the trail from the Town Hall to the Berme Rd entrance. The Highway Department is assisting in the process.
Grant Updates
1. NY Rising – Alligerville Firehouse: back order materials are finally in, working on last items.
2. BridgeNY – Boice Mill Road Bridge: have a meeting scheduled for next week, hoping the construction bid will go out in the fall.
Granary EEO public hearing: Written comments will be accepted until 8/10 at 3pm.
ATTORNEY FOR THE TOWN REPORT:
The Board was asked to review the DEC regulations to help with the process of completing step 2 of the EAF regarding the granary project.
TOWN CLERK/ TAX COLLECTOR REPORT:
Still working on paper work to complete the monthly report.
DEC: Hunting license are now on sale.
HIGHWAY SUPERINTENDENT REPORT:
Helping with the railtrail. I have 2 guys chipping and its asked that no use of the first half of the railtrail be used from 6-3pm.
Paving is completed for the season.
DEPARTMENT UPDATES/ LIASION REPORTS:
Councilwoman Smiseth: Eldercare: business as usual. Housing Committee: completed their first task of the str’s and plan to start working on the ADU’s and promoting. They are discussing the idea of having a table at Heritage Day.
Councilman Coleman: Spectrum: letters went out and we will wait to see what happens. ZBA: met last month and would like to see the vacancy filled. EMS: Thank you Joe Vitti from Marbletown First aid for the financial information and thank you Bea for getting the numbers to us from KAFAS. Response rate is still going great from both districts.
Councilwoman Enouen:ECC: plastic recycling will be held this Saturday from 11:30-3:30pm. Discussions of having something at Heritage Day. 3rd nature series for the month of august will be bee gardeners perspective with a short film “ Dance of the honey bee”.
Planning Board: no decisions have been made.
Transfer Station: bike racks are coming. UCRRA put a hold on the compactors at this time. We are slated to received 2 compactors so we will see how that goes.
Councilman Paddock: Constabulary:
• 21 Neighbor to Neighbor and Quality of Life Complaints
• 3 Resident Traffic Complaints (Towpath Rd, CherrytownRd.,Samsonville Rd.)
• 2 Environmental Complaints, (Towpath Rd., Cherrytown Rd.)
• 4 New Building Department Violations
• 1 New Court Cases Opened
• 9 Court Proceedings Remain Open
• 1 Court Proceedings Closed
Interesting Occurrences:
This was another busy summer month. Traffic complaints, including parking on town roads, have
increased again. Towpath Rd. being the worst area with many local resident complaints coming in on the
hottest days. Garbage dumping of household trash and other debris on town roads has risen significantly.
This month saw a significant increase in car and truck tires dumped on Town roads. Reports of Bears in
and around residents’ homes and properties have become more common. We continue to work with the
NYS DEC in regards to those complaints. Mainly, residents are asked to keep garbage in a strong closed
container and leave it out only on trash day, not before. Short term rental properties continue to generate
many complaints, especially on Holidays, Fridays and Weekends. Neighbor to neighbor complaints have
increased significantly this month, with noise complaints being the most common. All have been defused
without further action necessary.
Recreation Dept: half way through the summer program it’s been a great start with fun trips and adventures. Look for us at Heritage Day that will be held on 10/7/23, the Rec Dept. will be having their pie contest and activities for kids. Afterschool program will begin 9/18/20203 and will run $ 80 per month per child.
Supervisor Baden:
Town Clerk Gundberg: HPC: The commission continues to monitor historical properties that are on the market. On 8/1 some members of the commission attended an open house tour on the Brick house on Route 209. The next Hamlet talk series will take place on 9/10/23 1pm at the Courthouse in the hamlet of Pataukunk.
PUBLIC COMMENT:
Shirley Avery: a few days ago I was coming out of Rouges Harbor and met 75 kids blocking the entire road and a Rabbi on a golf cart herding them. I worry about the safety of the children. This is dangerous if anyone came around the turn on a high rate of speed children could have been killed. Riding on the road with a golf cart is also completely illegal, something needs to be done.
The Fire/EMS exemption, was it passed? Because it all looks great on paper but who makes up the difference? It must come from somewhere. It sounds good in theory and on paper until the realization of who’s paying. In the rescue squad 33 members are rentors to they will not receive the exemption and their rent will probably increase because the owner will pay more in taxes causing rent increases. This exemption may show an influx in numbers of members and if members would show up we may not have to have paid members.
Larry Dewitt: regarding railtrail improvements would this scope of work include the berme road access point to the trail, it is in dire need for work to be completed on parking and canoe/boat launch area. There is also a large widow maker tree limb that is hung up on another branch and I am worried about a safety issue.
Bea Haugen-Depuy: regarding vehicle and traffic laws, operating ATV’s on a road with no hemlet is also illegal and I have been witnessing that as well from 30-350 Cherrytown Rd. As Shirley said these are safety issues, what are we going to do? I also would like to know how much money has been lent to the Highway Department? You should never depend on CHIP’s money because we know that it is a state funded budget item. My calculations show approximately $ 900,000.00 in the past year. The highway budget needs to be budgeted accordingly. And can you clarify the third quarter payment of the ambulance district money, was it Marbletown of KAFAS?
TOWN BOARD OPPORTUNITY TO RESPOND TO PUBLIC COMMENT:
Supervisor clarified that it was a third payment not third quarter payment. Marbletown was approved last week, but we didn’t have KAFAS figures now that we do we will submit bill for payment next week. Regarding the Highway department, this is a cash flow problem not a budget problem. In order to receive CHIPS we need to spend the money first and with a low highway fund balance we are loaning from one fund to the other, this is common practice in other towns. The Town Board gave Highway $ 100,000.00 to off set fuels costs last year. As far as the situation on Cherrytown, I suggest calling the State Police or Sheriff’s office. Hopefully they respond and address the issue, if we have a constable on duty we can try to send them there as well.
The property exemption for volunteers is not that significant in numbers when talking dollar amounts on the budget.We’ve added 19 million to the tax roll. We recognize that this doesn’t help rentors but it is what the law allows.
ACTION ON MINUTES:
Resolution # 271 -2023:
Motion: Councilman Paddock
Second: Councilwoman Smiseth
The Town of Rochester Town Board accepts the minutes of theJuly 6 Business Meeting, July 8, 13 workshop meetings, as presented.
Aye: 5 nay: 0 abstain: 0 motion carried
INTRODUCTION OF LOCAL LAW _ OF 2023: SETTING PUBLIC HEARING:
Resolution # 272 -2023:
Motion: Supervisor Baden
Second: Councilwoman Paddock
Whereas, the Town of Rochester Town Board adopted Local Law 3 of 2022 on June 2, 2022, enacting a moratorium known as the “Moratorium onActionsSubjectto Building Permit, SitePlan, Special Use Permits, orSubdivision Review”, and
Whereas, the Town of Rochester Town Board adopted Local Law 6 of 2023 on June 1, 20223extending the moratorium known as the “Moratorium onActionsSubjectto Building Permit, SitePlan, Special Use Permits, orSubdivision Review” until October 1, 2023, and
Whereas, the Town of Rochester Town Board has worked diligently to enact a new Subdivision and Zoning Code since such time and has prepared such draft and submitted to the Ulster County Planning Board and Town of Rochester Planning Board for comments, and
Whereas, the Town of Rochester has authored and reviewed change to various subchapters of each code and has held 30 public hearings on the various subchapters these last 14 months, and
Whereas, Local Law 3 of 2022 and subsequent extensions expired on June 4, 2023, and
Whereas, Local Law 6 of 2023 will expire on October 1, 2023, and
Whereas, the Town of Rochester Town Board believes a continued extension of the moratorium not to extend past December 15, 2023 is necessary to complete the review and adoption of the codes,
Therefore, the Town of Rochester Town Board proposes Local Law _ of 2023 be referred to the Town of Rochester Planning Board and Ulster County Planning Board for comment, and further
Establishes the date of September7, 2023 for public hearing on the matter to be held at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Rd., Accord, NY, and further
Requests the Town Clerk circulate legal notice of such public hearing.
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZATION TO HAVE ATTORNEY REPRESENT TOWN IN BOAR PETITION:
Resolution # 273-2023:
Motion: Councilwoman Smiseth
Second: Councilman Coleman
The Town of Rochester authorizes the Attorney for the Town to represent the Town of Rochester Assessor, the board of Assessment review and the Town of Rochester in relation to an Article 7 petition filed by MTG 41 LLC, for review of its real property assessment.
Aye: 5 nay: 0 abstain: 0 motion carried
CALL FOR ABRASIVE SAND BIDS:
Resolution # 274 -2023:
Motion: Councilwoman Enouen
Second: Councilman Coleman
Bids received:
Frank Kortright Excavating $ 9.90/TON
The Town Board accepts the Bid received by Frank Kortright Excavating Inc of 633 Cherrytown Road Kerhonkson, NY 12446 in the amount of $ 9.90 per ton for the period of 2 years from award of bid date.
Aye: 5 nay: 0 abstain: 0 motion carried
EXECUTIVE SESSION:
Motion: Councilman Coleman
Second: Councilman Paddock
The Town Board enters into executive session at 8:00pm to discuss on going litigation and a particular employee case and for the Town Attorney to join.
Aye: 5 nay: 0 abstain: 0 motion carried
RECONVENE THE MEETING:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town Board reconvened the meeting at 8:30 pm with no action taken nor monies expended.
Aye: 5 nay: 0 abstain: 0 motion carried
ADJOURNMENT IN MEMORY OF THE FOLLOWING:
Motion: Councilwoman Enouen
Second: Councilman Coleman
The Town Board adjourned the meeting at 8:30pm in memory of the following;
Minnie Poppel
Jacqueline Davis
Betty Distel
AnthiumHornsberger
Carl Shamro
Natalie M. Mattison
Catherine Coddington
John D. Flemming
Robert Allen DePuy
Anthony Bemedetto (Tony Bennett)
All suffering from gun violence
The people of Ukraine
Aye: 5 nay: 0 abstain: 0 motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK