The Town of Rochester Town Board held the Workshop Meeting on March 16, 2022 at 6:30pm at the Harold Lipton Community Center located at 15 Tobacco Road, Accord, NY 12404
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
CALL THE MEETING TO ORDER:
Supervisor Baden called the meeting to order and led in the Pledge of Alligence to the Flag.
PRESENT:
Councilman Michael Coleman Councilwoman Erin Enouen
Councilman Adam Paddock Councilwoman Charlotte Smiseth
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Town Attorney Marylou Christiana( hybrid)
RESOLUTIONS:
ACCEPTANCE OF AGENDA:
Resolution # 145-2022:
A Motion was made by Councilwoman Enouen that the Town Board accepts the agenda, as prepared by the Town Supervisor.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING THE UPDATE OF ELDERCARE FORM:
Resolution # 146-2022:
A Motion was made by Councilwoman Smiseth that the Town of Rochester Town Board authorizes the update to the Eldercare Program signup form to include the statement
“☐ Please check here if you would like to receive information about additional programs offered through the Town of Rochester. Examples include: meal delivery through the Rochester Food Pantry and programs through the Recreation Department.”
Second: Councilwoman Enouen
Discussion: the Board discussed some of the concerns with the language of the draft resolution. The Board agreed to table the discussion and bring it before the board at the next meeting.
Motion not carried
AUTHORIZING THE SUPERVISOR TO APPROPRIATE FUNDS FOR AN AMBULANCE DISTRICT:
Discussion: Attorney Christiana identified the steps needed for setting up a special district. Councilman Coleman and Supervisor Baden worked on the mapping to plot the district lines that are currently followed. Supervisor Baden stated the mapping and plan will be done in house so the only cost is the Town Attorney’s time.
Resolution # 147-2022:
A Motion was made by Supervisor Baden that the Town of Rochester Town Board, subject to permissive referendum, appropriates up to $1,000.00 from the General Fund fund balance to pay the cost of preparing a general map, plan and report for providing the Marbletown First Aid Unit Ambulance district. The Town Clerk is requested to circulate permissive referendum notice of the resolution.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried
AUTHORIZING THE SUPERVISOR TO APPROPRIATE FUNDS FOR AN AMBULANCE DISTRICT:
Resolution # 148-2022:
A Motion was made by Supervisor Baden that the Town of Rochester Town Board, subject to permissive referendum, appropriates up to $1,000.00 from the General Fund fund balance to pay the cost of preparing a general map, plan and report for providing the Kerhonkson-Accord First Aid Squad Ambulance district. The Town Clerk is requested to circulate permissive referendum notice of the resolution.
Second: Councilwoman Smiseth
Aye: 5 nay: 0 abstain: 0 motion carried
FIRE & SAFETY INSPECTION FEES REPORT:
The Board reviewed the proposed 2022 Building Department Fee Schedule it was agreed to insert the certain sections of the NYS executive law, and definitions of public assembly and dormitories. The Board will revisit the proposed fee schedule at the next Town Board meeting.
2022 JCAP GRANT AWARD:
The Board reviewed the sample RFP Supervisor Baden presented and made appropriate changes.
AUTHORIZATION TO CIRCULATE AN RFP:
Resolution # 149-2022:
A Motion was made by Councilwoman Smiseth that the Town of Rochester Town Board authorizes the Supervisor to circulate the RFP for the design and construction of single ADA bathroom in the Town of Rochester Justice Court, as presented and amended.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried
REQUEST TO REZONE PARCEL:
Councilwoman Smiseth recused at 7:44pm.
SCHEDULE AND ADVERTISE FOR LOCAL LAW # 2-2022:
Resolution # 150-2022:
A Motion was made by Councilman Paddock that the Town of Rochester Town Board sets public hearing for Local Law 2-2022, an amendment to the Town of Rochester Zoning Map, to be held on 4/28/2022 at 7:00pm at the Harold Lipton Community Center, 15 Tobacco Rd, Accord, NY 12404. The Town Clerk is requested to circulate legal notice of the public hearing.
Second: Councilman Coleman
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-recused
PROPOSED LOCAL LAW # 2-2022:
The Zoning Map of the Town of Rochester shall be amended to reflect that the property contained in Ulster County Tax Map known as SBL 69.3-3-16, 62 Kyserike Road, Stone Ridge, NY and located in the Rural Conservation (R-5) zoning district shall be rezoned to be located in the Residential Agricultural (AR-3) zoning district
REFERAL TO UCPB AND TORPB LOCAL LAW 2-2022:
Resolution # 151-2022:
A Motion was made by Councilman Paddock that The Town of Rochester Town Board requests the Town Clerk send request for comments for Local Law 2-2022, an amendment to the Town of Rochester Zoning Map, to the Ulster County Planning Board and the Town of Rochester Planning Board.
Second: Councilman Coleman
Aye: 4 nay: 0 abstain: 0 motion carried
Smiseth-recused
SCHEDULE PUBLIC HEARING ON RECREATION COMMISSION LOCAL LAW:
Resolution # 152-2022:
A Motion was made by Councilwoman Enouen that the Town of Rochester Town Board sets public hearing for Local Law 3-2022, Establishing Chapter 40 of the Town of Rochester Town Code, establishing a Recreation Commission, to be held on 4/28/2022 immediately following the scheduled proposed local law # 2-2022 located at the Harold Lipton Community Center, 15 Tobacco Rd, Accord, NY 12404. The Town Clerk is requested to circulate legal notice of the public hearing.
Second: Councilman Paddock
Aye: 5 nay: 0 abstain: 0 motion carried
PRESENTATIONS/ DISCUSSION ITEMS:
UC PLANNING BOARD RECOMMENDATION ON PROPOSED LOCAL LAW # 1-2022: ACCESSORY DWELLINGS:
Supervisor presented the UCPlanning Board recommendations to the Board. They will discuss it at the meeting on the 31st.
RFP WEBSITE VENDOR SELECTION:
Supervisor Baden sent out the Q & A session to the 12 businesses inquiring about the RFP. The RFP is due 3/18/22 at 12:00pm.
GENERAL CODE EDITORIAL AND LEGAL ANALYSIS:
In 2019 we had general code condify the Town code and match to the State, Federal and Town codes for any discrepancies, overlapping, etc. A list was presented to Supervisor Baden of corrections to be made. Supervisor Baden stated that he and Attorney Christiana began the process however this was when COVID first started and it was placed to the side. Supervisor Baden stated that he will begin to work on this again and bring it to the Board.
BROADBAND:
Supervisor Baden and Councilman Coleman have been working on updating the information from the 2009 map. Councilman Coleman presented the mapping that he updated and has been in contact with Spectrum who stated that there are approximately 25 homes in the Town of Rochetser without broadband service. Supervisor Baden stated that the previous administration had $105,000 put aside for Broadband. We are in better shape than we thought and would like to get this mapping to the County Comptroller as soon as possible.
SOLID WASTE/ LITTERING LAW:
The Board reviewed the sample law Supervisor Baden put together. Councilman Coleman addressed concerns with the language on certain sections. It was agreed to have Board member submit changes to Supervisor Baden and he would send the information to Attorney Christiana as well. A proposed updated law will be presented at the April Town Board meeting.
HIRING POLICY:
Councilwoman Enouen put together a hiring policy based on information she gathered from Councilman Paddock. Councilwoman Enouen would like to send the draft copy to Department Heads, Human Resource Consultant Michael Richardson and Attorney Christiana.
ESTABLISHING A HOUSING ADVISORY COMMITTEE:
Councilwoman Smiseth and Councilman Coleman presented a draft resolution for the creation of housing advisory committee. The Board discussed the charge of the committee, number of members, health housing guidelines. The Board worked on the language of the resolution and will bring it before the Board at the next Town board meeting.
CAMPGROUND LAW:
Councilman Coleman stated that the background on bringing this forward was back during public comment sessions on the short-term rental law residents expressed concerns of renting out non-traditional structures either campers, yurts, tentr was mentioned, and their concerns were they rely on supplementary income. Obviously there are concerns about public safety from a building & fire code perspective. I remember this discussion would be tabled and those structures could be covered under modifications to the campground law. I’ve had multiple people that had been renting out recreational vehicles or similar things and I think there are ways we can cover those, whatever kind of structure we need to put around it to have some kind of solution for taking care of human waste, portable water, etc. I think we should find a way to accommodate those tools because a lot of people expressed concerns about. Councilman Cole suggested that the Board add another classification to the campground law. One idea was a micro campground where you could limit it to owner occupied where somebody is on the premises with clear guidelines regarding septic system, or portapotty where they can document when it’s pumped.
Supervisor Baden stated the county was adamant to take it out of the short term rental law. A transient campground is a different situation. Camper and RV rentals and structures like this bring a lot of fire/ safety concerns. After speaking with Code Enforcement officer and Fire inspector they also stated to take it out. It’s a different situation because it’s a commercial use, I’m really reluctant to get into somebody wanting to rent out their campers because of the fire safety situation. We heard it loud and clear and I know people want to do it, I’m more inclinced to deal with Tentr because that can be done safely. Fire access is a problem.
Councilwoman Enouen asked what the fundamental difference between platform tent and a camper?
Councilman Paddock stated there are RV share sites where you can rent a camper for a week or so but what we are seeing was someone renting a boat that sat on a trailer bed in their backyard, renting out tree houses and 50 year old airstreams. They were going to have to go through the same regulations with the building dept as a house would and they are never going to pass to be safe enough and when it came to public health and safety there was too many variables on these and regulated by Department of Health.
Councilman Coleman stated he remembers residents being very concerned about this during public comments and what I heard was they were going to find some solution even if it was part of a second law. There are reasonable accommodations and something we should at least consider and possibly hear from the public again. We can make it as restrictive as we want but feel we should look into this further.
Councilwoman Enouen stated the original STR draft included alternative structures and was trying to recall the County Planning Board recommendations. Supervisor Baden stated that he would share that file again.
APPOINTMENT TO LABORER POSITION AT TRANSFER STATION:
Resolution # 153-2022:
A Motion was made by Supervisor Baden to extend offer of employment appointing Warren Johnson to position of Laborer at the Transfer Station effective 4/3/2022 at a rate of $ 16.00 per hour for 32 hour work week.
Second: Councilwoman Enouen
Aye: 5 nay: 0 abstain: 0 motion carried
MORATORIUM ON BUILDING:
Supervisor Baden stated that he wanted to discuss an item that was not on the agenda. Phone calls having been coming all week over the rumors of the sale of the Pine Ridge Ranch. Pine Ridge is in the process of being sold a closing will take place in June. There are rumors of other properties being sold as well. I would like to see if the Board would consider a resolution at the April meeting of a 6 mo. moratorium with a possible 2-3 mo. extension possibilities. The pace of development has increased significantly, there are many applications before the board at this time.
Each board member discussed what they would like to see in the moratorium and the purpose of the moratorium is to have to time to review the zoning revision committee’s recommendation and make appropriate changes to the zoning law.
Supervisor Baden stated that he would work on a draft resolution with Attorney Christiana to bring before the Board. The idea is not to stop all building or applications before the board but the simple act of regrouping & review the recommendations.
EXECUTIVE SESSION:
A Motion was made by Councilwoman Enouen to enter in executive session at 10:00pm for the purposes of discussion of information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed and for the possible matters leading to employment.
Second: Councilman Coleman
Aye: 5 nay: 0 abstain: 0 motion carried
A Motion was made by Councilwoman Enouen that the Town Board motions to exit Executive Session at 10:47pm with no action taken nor monies expended.
Second: Councilman Coleman motion carried
ADJOURNMENT:
A Motion was made by Councilwoman Enouen to adjourn the meeting at 10:48pm.
Second: Councilwoman Smiseth motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK