Town Board Workshop Meeting 2 – September 2023

The Town of Rochester Town Board has scheduled a workshop meeting for September 14, 2023 immediately following the public hearing at the Harold Lipton Community Center 15 Tobacco Road Accord, New York 12404.

PRESENT:
Councilwoman Erin Enouen Councilman Adam Paddock
Councilwoman Charlotte Smiseth Supervisor Michael Baden
Deputy Town Clerk Christina Ferrara

ABSENT:
Councilman Michael Coleman Town Clerk Kathleen Gundberg

ADOPTION OF LOCAL LAW 9 OF 2023:
Resolution # 306-2023:

Motion: Councilwoman Smiseth
Second: Councilman Paddock

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 of Rochester Town Board adopted an extension “Moratorium on Actions Subject to Building Permit, Site Plan, Special Use Permits, or Subdivision Review” presented as Local Law 6 of 2023 on June 1, 2023 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 December 15, 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 “No County Impact” statement, and

Whereas, the Town of Rochester Town Board held public hearing on local Law _ on September 7, 2023. No speakers or written comment were received. The Town of Rochester continued the hearing until September 14, 2023, due to waiting for the UCPB review, and closed on the same date, and

Whereas, the Town of Rochester Town Board identified such action as a Type II action under6 NYCRR Part 617, State Environmental Quality Review, also known as SEQRA and renamed such local law as Local Law 9 of 2023 on September 14, 2023, and

Therefore, the Town of Rochester renames Local Law _ of 2023 as Local Law 9 of 2023 and further adopts Local Law 9-2023 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.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
AUGUST FINANCIAL REPORT:

August 2023 Financials – filed with the Town Clerk and Town Board

UPCOMING EVENTS REMINDER:
Truck Day – 9/16/23 Little one’s library 10-12 at Rochester Reformed Church. 9/24/23 Towpath Run.
10/7/23 – Heritage Day and first Saturday to collect plastic at the transfer station.
9/18/23- Afterschool program begins.
9/22- adult paint class

DISCUSSIONS:

GRANARY SEQRA FOR PROPOSAL EEO ZONING DESIGNATION:
Resolution # 307 -2023:

Motion: Councilman Paddock
Second: Councilwoman Enouen

The Town of Rochester Town Board accept the amended part 1 as amended by Allen Dumas 9/14/2023 applicants engineer.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
Motion: Councilwoman Smiseth
Second: Councilman Paddock

The Town of Rochester Town Board rescinds resolution # 284 -2023.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman-absent
Motion: Councilwoman Enouen
Second: Councilwoman Paddock

The Town of Rochester Town Board adopts part II of the EAF for the granary project as presented dated 9/14/2023.

DISCUSSION: no changes have been made from the previous re-adoption is due to the amended Part 1 of the EAF by the applicants engineer.No significant changes to the review EAF.

ROLL CALL VOTE:

Councilman Coleman absent
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 4-0, motion carried

SEQRA PART 3 REVIEW AND DETERMINATION OF SIGNIFICANCE:
Resolution # 308 -2023:

Motion: Councilman Paddock
Second: Councilwoman Enouen

The Town of Rochester Town Board adopts the Part III of EAF as prepared by the Town Supervisor and Attorney for the Town as discussed and amended at the September 14, 2023, Town of Rochester Town Board meeting declaring a notice and negative declaration, taking out the word implementing for the granary project. We need a another set of eyes to look over the amendments and verify that the amendments were made as discussed tonight.

ROLL CALL VOTE:

Councilman Coleman absent
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 4-0, motion carried

Motion: Councilman Paddock
Second: Councilwoman Enouen

The Town of Rochester Town Board authorizes the Supervisor to send the negative declaration document to the DEC for publication in the Environmental Notice Bulletin upon review of attorney to the Town to ensure all proper amendments were made in the document.

ROLL CALL VOTE:

Councilman Coleman absent
Councilwoman Enouen aye
Councilman Paddock aye
Councilwoman Smiseth aye
Supervisor Baden aye 4-0, motion carried

Supervisor Baden stated the next steps is to make a decision, a draft will be available for the next Town Board meeting. If you have any conditions that you wish to add send an email to the Supervisor to add to discussions for the meeting, we will review it and decide what should be in it.

SHORT TERM RENTAL 2024 CAP:
Resolution # 309-2023:

The Board discussed at length their suggestions with coming up with the short term rental cap.

Motion: Supervisor Baden
Second: Councilwoman Enouen

The Town of Rochester Town Board sets the 2024 short term rental permits of non owner occupied cap not to exceed 66 total units in agrigate. Existing non-owner occupied Short term rentals who renew their existing permits and meet local law requirements shall be allowed to operate above the 66 cap.

Aye: 4 nay: 0 abstain: 0 motion carried
Coleman Absent

REISSUANCE OF A NEW PROPOSAL FOR RECORDS STORAGE BUILDING:

The Board discussed different options will continue to do research on getting us a storage building.

RESOLUTIONS:

ADOPTION OF POLICY:
Resolution # 310-2023:

Motion: Councilwoman Enouen
Second: Councilwoman Smiseth

The Town of Rochester Town Board adopts the policy for employee reporting of buildings and grounds repairs and maintenance concerns, as presented by the Supervisor.

Aye: 4 nay: 0 abstain: 0 motion carried
Coleman Absent
1. If an employee becomes aware of or observes any issue with buildings and grounds repairs and maintenance concerns, they should be notify the Supervisor’s office or the Supervisor in an email or via phone call as soon as possible. Only in the case of immediate health and/or safety concerns should the employee initiate or repair.
2. The Supervisor, or their representative, will investigate and determine the need for repair or other action and delegate the work to be performed by an employee or outside vendor.
3. Employees should not contact outside vendors or initiate or authorize any sort of work on behalf of the Town unless specifically directed to do so by the Supervisor.
4. Employees are not permitted to make any purchases of materials without direct authorization by the Supervisor for buildings and grounds repairs and maintenance concerns. Should an employee make such purchase, the Town Board may seek reimbursement from the employee or vendor for any items purchased of work authorized without proper approval.

REQUEST TO THE TOR HIGHWAY SUPERINTENDENT AND ULSTER COUNTY DPW COMMISSIONER:
Resolution # 311-2023:

Motion: Councilman Paddock
Second: Councilwoman Enouen

The Town of Rochester Town Board authorizes the Town Supervisor and Town Clerk to send a letter of request for consideration of a 3 way STOP sign placement at the intersection of Main Street, Granite Road, and Towpath Road in the hamlet of Accord.

Aye: 4 nay: 0 abstain: 0 motion carried
Coleman absent

REQUEST TO NYS DEPARTMENT OF TRANSPORTATION:
Resolution # 312-2023:

Motion: Councilman Paddock
Second: Councilwoman Enouen

The Town of Rochester Town Board authorizes the Town Supervisor and Town Clerk to send a letter of request for consideration of that portion of Route 209 both prior and after the intersection with Queens Highway to be made a No Passing Zone due to the number of traffic accidents which have taken place at that intersection.

Aye: 4 nay: 0 abstain: 0 motion carried
Coleman absent

EXECUTIVE SESSION:

Motion: Councilwoman Enouen
Second: Councilwoman Smiseth

The Town of Rochester Town Board motions to enter into Executive Session at 9:12pm for the purposes of
1. discussions of matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of particular persons
2. discussions of particular candidates for a Planning Board vacancy (possible)
3. Discussion of ongoing litigation

The Town of Rochester Town Board motions to exit Executive Session at 9:48pm.

RESOLUTIONS:

APPOINTMENT OF PLANNING BOARD MEMBER:
Resolution # 313-2023:

Motion: Councilman Paddock
Second: Councilwoman Enouen

The Town of Rochester Town Board appoints Cynthia Landon- Graham to serve on the Town Planning Board filling a vacant term expiring on 12/31/2029.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman absent
APPOINTMENT OF ALTERNATE TO THE PLANNING BOARD:
Resolution # 314-2023:

Motion: Councilwoman Smiseth
Second: Councilwoman Enouen

The Town of Rochester Town Board appoints Halina Duda to serve as the alternate to the Town Planning Board filling a vacant term expiring on 12/31/2024.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman absent

ADJOURNMENT:
Motion: Councilwoman Enouen
Second: Councilwoman Smiseth
The Town of Rochester Town Board adjourned the meeting at 9:52 pm.
Aye: 4 nay: 0 abstain: 0 motion carried
Coleman absent
RESPECTFULLY SUBMITTED,

CHRISTINA FERRARA
DEPUTY TOWN CLERK