Town of Rochester Town Board held a Special Meeting at 8:16pm on May 25, 2022 at
Harold Lipton Community Center, 15 Tobacco Road, Accord, NY
To View the Meeting
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

PRESENT:
Councilman Michael Coleman Councilwoman Erin Enouen
Councilman Adam Paddock Supervisor Michael Baden
Deputy Town Clerk Christina Ferrara Town Attorney Marylou Christiana
ABSENT:
Councilwoman Charlotte Smiseth Town Clerk Kathleen Gundberg

ACCEPTANCE OF AGENDA:
Resolution # -2022:

A Motion was made by Councilman Paddock that the Town Board accepts the agenda, as prepared by the Town Supervisor.
Second:Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent
SEQRA LOCAL LAW B-2022 AMENDING CHAPTER 140, ZONING

The Board reviewed parts 2 and 3 of the SEQRA form.

NEGATIVE DECLARATION:
Resolution # -2022:

A Motion was made by Councilman Paddock to adopt a negative declaration.
Second: Councilman Coleman

ROLL CALL:

Councilman Coleman: Aye
Councilwoman Enouen: Aye
Councilman Paddock: Aye
Councilwoman Smiseth: Absent
Supervisor Baden: Aye 4-0aye, motion carried

SEQRA COMPREHENSIVE PLAN ADDENDUM:

The Board reviewed parts 2 and 3 of the SEQRA form.

NEGATIVE DECLARATION:

A Motion was made by Councilman Paddock to adopt a negative declaration.
Second: Councilman Coleman

ROLL CALL VOTE:

Councilman Coleman aye
Councilman Enouen: Aye
Councilman Paddock: Aye
Councilwoman Smiseth: Absent
Supervisor Baden: Aye 4-0aye, motion carried
Smiseth-Absent
DISCUSSION:

LOCAL LAW B-2022:

The Board discussed the comments received on local law B-2022, Amending Chapter 140, Zoning to add a new section 140-13.1, Accessory Dwelling Units. One change to the draft local law was made.

Section I of the draft law was changed to read
Maximum gross floor area.
An Accessory Dwelling Unit shall contain a minimum of 350 sq. ft and shall not exceed the gross floor area of the principal dwelling unit or 750 sq ft, whichever is less.

The Supervisor will distribute the changed law to the Board and Town Clerk. The Board may vote on this in 8 days upon receipt of the change in writing due to NYS law. It will be presented for consideration on Thursday June 2 at the Town Board meeting.

COMPREHENSIVE PLAN ADDENDUMS:

The Board discussed with the attorney for the town the ability to adopt certain portions of the reports being considered to be included for the addendum to the Comprehensive Plan instead of the entire reports. Some of the items were discussed as possibly being opinions, rather than fact. The attorney for the town advised that can be done, however indicated any changes would likely be considered substantial and would require new public hearing process and referral to the local and county Planning Boards.
TheTown Board members will review and discuss at a future time which items they believe should be included and excluded.

LOCAL LAW A: MORATORIUM:

The Board discussed the comments received on local law A-2022, a local law providing for a moratorium on actions subject to building permits, site plan, special use permits, or subdivision review for a period of one-hundred eighty days. Two changes to the draft local law were made.

Section 5 D. was changed to read
D. The 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 for or in relation to any Action (whether a new land use proposal, or a modification that triggers review and is therefore an “Action”), including any waivers, appeals, or variance reviews by such board.

Section 6 C2. Was changed to read
2. Any application to the Town Board for inclusion in the Economic Enterprise Overlay District.

The Supervisor will distribute the changed law to the Board and Town Clerk. The Board may vote on this in 8 days upon receipt of the change in writing due to NYS law. It will be presented for consideration on Thursday June 2 at the Town Board meeting.

BRIDGE NY- SCHEDULE CONSULTANTS INTERVIEWS – BoiceMill Road bridge:

The Supervisor and Councilman Coleman reported they met with Highway Superintendent Frey to score the 7 Request for Qualifications proposals received. Each was scored and they collectively agreed to offer opportunity of an in-person interview to 5 of the consultants. The Supervisor wanted to ask the Town Board if they wanted to be a part of those interviews or if the subcommittee should hold them independently. It was discussed if the entire Board met, it would have to be a special meeting and advertised and then commence in executive session. The Town Board decided to have the subcommittee hold the interviews. Any decision made to offer a contract would have to be approved by the Town Board as a whole.

EXECUTIVE SESSION:

A Motion was made by Supervisor Baden to enter into executive session for the pruposes of discussion about a medical issue about a particular employee at 9:28pm.
Second: Councilwoman Enouen

A Motion was made bySupervisor Baden to reconvene the meeting at 10:24pm with no action taken nor monies expended.
Second: Councilwoman Enouen 4-0 aye, motion carried Smiseth absent
AUTHORIZE EMPLOYEE TO USE UNACCRUED PAID TIME OFF:
Resolution # -2022:

A Motion was made by Supervisor Baden to allow William D. Farrell to utilize up to 40 hours of unaccured paid time off, tp be deducted from future accrued paid time off, subject to a note from his Doctor stating he cannot work for the period ending June 4, 2022 and further subject to approval from IBEW local 363 and Highway Superintendent Frey.
Second: Councilwoman Enouen
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-Absent

RESPECTFULLY SUBMITTED,

CHRISTINA FERRARA
DEPUTY TOWN CLERK