Town Board Public Hearing/Regular Meeting – October 2021

Town of Rochester Town Board held a public hearing on proposed Local Law # 4-2021: Amending the Zoning Map of the Town of Rochester on October7, 2021 at6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.

PRESENT:

Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt( 6:36pm) Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Town Attorney Marylou Christiana

PUBLIC HEARING: LOCAL LAW 4 -2021:

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 76-4-4.1 and 76-4-4.2, 1819 Berme Road, Kerhonkson, NY and located in the Low Density Residential (R-2) zoning district shall be rezoned to be located in the Residential Agricultural (AR-3) zoning district

PUBLIC COMMENT:

Rick Jones: I am highly in support of this proposal. Both AR-3 & R-2 zones allow for this type of use but the AR-3 district will enhance the ability for funding. It is good to see preserving of the agriculture plan and restoring some land and plants that are on it now, restoring the fertile soil and usefulness.This would develop as true farm land.
Meg Smith: I do not recommend the Town allowing this change because it is setting a presidence. I strongly oppose rewarding someone who is in violation of Town Code. There is a tentr site on the property that is visible from the rail trail , it has a woodstove none of which is permitted in the Town Code. Grants are available in the R-2 district as well.
David Lounsbury: Would adjoining properties make it easier for subdividing? Is it going to be used as an event space? Is the applicant looking to sell agricultural products on the land? Does this change the tax status on the land?
Supervisor Baden: The applicant is not requesting to use the land as event space. That was removed from the application, it doesn’t change the tax status for a tax reduction.
The applicant wanted to clarify a few things;
The tentr has not been used in over 2 years and can remove it from the site.At this time we are not looking to use this as an event space. The application is strictly for zoning designation change.
The applicant requested to have the advertisement for tentr removed from the website.
David Lounsbury: I don’t have a problem with the Agricultural aspect of the request. I will have a problem if it becomes an event space or special use. This area is quiet, dark and pleasant as well, other aspects that could harm the area is it becoming a highly commutted road and noise.

Written comments:

RennHawkey:
I am writing in support of Kaustubh &RumppaWahal who wish to rezone their property at 1819 Berme Rd Kerhonkson, NY. From R2 to AR3.I believe in their project and aspirations to increase the agriculture density fo their land, simultaneously enhancing the town as an epicenter for farming.
No Farms No Food! Grow Local!
W. Douglas Romines, RA:
I would like to take the opportunity to voice my general support for the rezoning of 1819 Berme Rd.
(SBLS 76.4-4-1 and 76.4-4-2) from the current R-2 residential zoning to AR-3 agricultural residential
zoning.

The AR-3 zone already represents a significant area of land along the northern side of the Roundout
Creek and indeed a large area of the general zoning of the Town of Rochester.

The lower density of AR-3 is conducive to the preservation of agricultural lands and while maintaining
lower density residential development and as such, seems to me appropriate to the area.

TuruIllgen:
Please count me in favor of the request to rezone the properties at 1819 Berme Road
from R-2 to AR-3. Parcel 76.4-4-1 is shown at over 36 acres and parcel 76.4-4-2 at 5
acres. There are many factors in support of this decision.
This would change their status from “residential” to “agricultural residential” which would
be consistent with a majority of the other large properties along the Rondout Creek. This
is also consistent with the significant agricultural heritage of the valley and the local
comprehensive plans as well.
The properties are located along the Creek waterway and should be protected for
farming, considering many other properties are not so favorable for farming. Residential
use in general should not be encouraged at lower elevations prone to flooding.
Considering that our town is undergoing a massive surge in residential development and
pressure from housing demands, there should be some balance sought in retaining large
lots with agricultural potential, in particular these cases that are requested by the
property owners themselves.
Thank you for this opportunity to be involved in the process that affects our community.

Julie and Eric Berger:

My husband and I are long term residents of Accord and have lived here for nearly 2 decades. The Town’s historic rural and farming community is one of the reasons we have enjoyed living here with our family.
To that end, I would like to state our support for the proposed zoning changes for the property at 1819 BermeRoad Kerhonkson to the farming residential status from the current R-2 residential zoning to AR-3 agricultural residential zoning as it is in keeping with the rural heart of our community.

Regine Seckinger:

I am writing in to support for the proposal for zoning changes 1819 Berme Rd. It is actually a refreshing change that someone wants to revive a former local farm property back again to its origins. Over the last 10 years we have lived here, we have enjoyed the town the way it is and we look forward to maintaining its agriculture based heritage. Please note that our family supports the R-2 to AR-3 zoning change.

Ulster County Planning Board: no county impact

Town of Rochester Planning Board: no difficulty with the proposed zoning changes and defers responsibility to the Town board as stated in the law.

CLOSURE OF THE PUBLIC HEARING:
Resolution #290 -2021:

A Motionwas made by Councilman Paddock to close the public hearing at 6:54pm.
Second:Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK

Town of Rochester Town Board held the Regular Town Board meeting on October 7, 2021 immediately following the public hearing on proposed local law # 4-2021 at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.

PRESENT:

Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Town Attorney Marylou Christiana Highway Superintendent Jeff Frey

SEQRA PART 2:

The Town Board reviewed part 2.

SEQRA PART 3:
Resolution # 291-2021:

A Motionwas made by Councilman Enouen that the Town Board has determined this to be a type 1 and unlisted action and a upon review of the information recorded on this EAF, as noted, plus this additional support information and considering both the magnitude and importance of each identifies This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued.
Second:Councilman Hewitt

ROLL CALL VOTE:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye motion carried

The Board agreed to have the Code Enforcement office verify that there are no violations.
Councilwoman Enouen asked that the Board not vote on the Local Law at this time. She also asked if she could visit the property.

ATTORNEY FOR THE TOWN REPORT:

Attorney Christiana made minor changes to the short-term rental application and they should be available by the end of next week. I’ve been working with the new Chairman to the Planning Board to get up to date on procedures. I believe the ZBA appeal for Hoots is going to happen and will work on preparing court documents.

TOWN CLERK/ TAX COLLECTOR REPORT:

For the month of September $ 35,855.40 was collected and turned over to the Town Supervisor.

LIQUOR LICENSE :

Starlight Motel
5938 US Route 209
Kerhonkson, NY 12446

RESIGNATIONS:

Anthony Vignone, Town Constable
Bettina Post, 2nd Deputy Town Clerk
I want to thank Tina for the past 3 years working together, she has been a great asset to the Town Clerks office and Highway Dept. and we will miss having her.

LOINS CLUB BENCH:

I want to congratulate Ashley Sweeney on all her hard work sorting through and cleaning 500lbs of dirty plastic in order to receive the Loins Club bench that is out front.

HIGHWAY SUPERINTENDENT REPORT:

The Town of Gardiner will be replacing the bridge on Clove Rd beginning 10/18/21. Superintendent Frey stated that the Town of Rochester will handle all road emergencies in the Town of Gardiner’s portion of Clove road up to the first bridge which is being replaced in from State Route 44/55 as part of the shared service agreement.

SUPERVISOR’S REPORT:
September 2021 report – Filed with the Town Clerk

September2021 Financials
Total Revenue September 2021
General Fund $122,736.64
Highway Fund $92,792.62

Expenditures
Abstract 9-2021
General Fund $104,723.85
Highway Fund $189,335.77
Street Lighting Fund $392.84
Grant Fund $920.00
Total Expenditures September 2021
General Fund $175,884.82
Highway Fund $246,640.09
Street Lighting Fund $392.84
Grant Fund $920.00

SUPERVISOR’S UPDATE/CORRESPONDENCE REPORT:
Monthly Correspondence:
Rondout Valley SchoolDistrict: ESSA programs
DEC- Climate resilience
Office economic development
Mike Dunham’s official last day will be 11/24/21
Board of Elections: Town of Rochester District 4 will vote at the Harold Lipton Community Center.
Mid Hudson Solar Project
Broadband Survey sent out from Department of public service
UCRRA fee schedule is same as last years they are also looking for a location for a solid waste facility
NYRising: footings have been poured
Town park playground:new equipment will be installed the week of 10/26
JCAP grant: was submitted for work to be done to the bathrooms to make them ADA compliant
Referendum vote for purchase of Skatetime: 12/7/21 12-9pm at Harold Lipton Community Center, a walk through will take place on 10/12 6:30-8:30pm.
COVID-19 report: 11 cases in Town, 277 in Ulster County numbers are dropping
2022 Ulster County Budget: presented last Thursday
2022 Town Budget: tentative budget filed 9/29. Workshop meetings scheduled for 10/11, 10/20 & 10/28.
Heritage Day:
Town Clerk Gundberg stated that Heritage Day was a huge success! The weather was beautiful, the people came out and it was fun, educational and entertaining! Thank you to all who participated and volunteered!
I would like to thank the residents of Main St. Schoolhouse Rd, Scenic, Towpath and Granite Roads that were affected by living in the vicinity of our festival.
I would like to thank our Financial Donors;
Accord Market, Revenue Markets, HB Humiston Funeral Home, A&M Hardware, Nacho Taco food truck
Gene’s Tire services, Rochester Resident Association, Margaret Smith, Shaun and Rita Harkins, Rock Mountain Farm, Solid Waste Disposal Service, Saunderskill Farm, Bjorn Corn, Rob Berman & Chase Brock- also for opening up the Accord Depot for tours, First Student- donating shuttle and driver for the day
The Town of Rochester- for sponsoring the fireworks
Volunteers for the Day:
Members of the Accord Fire Co., Rochester 2 Fire Co., Accord/ Kerhonkson rescue squad, Pat Davis, Will Farrell, Peter Nelson, Kelly Carron, Donna Waddell, Chrissy Ferrara, Tim Hurley, Shaye Davis, Robert Kilpert, Lisa & Donnie Rider, Jared Gundberg, Matt Dennin, Jeff Frey, Tommy Crotty, Leonard Krom, Anna Henebery, Jessica Knapp , Pam Stocking, Renee Ciardi, Alyssa Farrell- organizing the Carshow, Amy Barley & Steven Terwilliger for Assisting, Our Town Constables- Rich Miller, Marc Cathcart, Mark Smith, DJ Koeppen, Historic Preservation Commission, Environmental Conservation Commission, their presenters & Chris Hewitt – wood fired pizza, Ulster County Sheriff dive team,Mary Lee-Little Ones library,Gary Miller- Palentown School, Deborah Martin- Quilt show.
FHR members who saw this vision through:
Bethany Dennin, Ashley Sweeney, Betsy Tully, Alice Cross
I know there are so many others to thank, it was a perfect day seeing our community come together and I can’t wait for next year.

DEPARTMENT UPDATES/ LIAISON REPORTS:
Councilwoman Enouen:no updates. Reminder that the Planning Board meeting will be next Thursday with Monday being a holiday and the ZBA will meet the following Thursday.
Councilman Paddock:
Constabulary:The Constabulary answered 31 direct calls for service and other duties in
September of 2021.
These included:
• 23 Neighbor to Neighbor and Quality of Life Complaints
• 5 Resident Traffic Complaints (Whitfield Rd., Lower Whitfield, Mettacahonts Rd., Clay Hill Rd.,
and Samsonville Rd.)
• 3 Environmental Complaints, (Wood Rd., Kyserike Rd., Old Kings Hwy)
• 5 New Building Department Violations
• 0 New Court Cases Opened
• 13 Court Proceedings Remain Open
• 3 Court Proceedings Closed
Interesting Occurrences:
It has been another busy month. During this month, special events in town have caused a significant
increase in traffic, trespassing and parking condition complaints from residents. Garbage complaints
along these same roads and on residents’ properties have risen sharply again. In addition to area around
the special events, trespasses onto residents’ properties in many areas of the Town are still an ongoing
issue. Neighbor to neighbor complaints have increased this month with the notable increase in Noise
complaints. Due to the COVID-19 pandemic and the rise of its’ variants, we continue to have limited
direct contact with complainants with a proportional increase in direct phone calls.
Councilwoman Haugen-Depuy:Court: our new clerk is doing well still working through the learning curve.
Councilman Hewitt:The ECC held presentations behind the community center at Heritage day.
Supervisor Baden: Recreation Dept: Carving pumpkin class will be held on 10/28/21. Drive thru trick or treat will be held 10/29/21.
Assessor:
Thank you to Amelia Trimpe and her husband Sgt. David Wilhelm for planting perennials in the center of the Veterans Park. Also thank you to Saunderskill farm for donating the flowers.

BOARD MEMBER TIME:

Councilwoman Haugen-Depuy: as a 2 time survivor it is important to remind everyone that October is Breast Cancer awareness month. Be aware and get yourself checked out!

Councilwoman Enouen wanted to take a moment and thank Maren Lindstrom for her years of services as Chair to the Town of Rochester Planning Board.
Also would like to prioritize issues presented by the ZRC and would like to get started in November. I’ve been hearing a lot from the community regarding commercial events, special events and would like to see the Board get started on some of those items.

Councilman Hewitt: the ZRC presentation was amazing, it was clear and organized!

PUBLIC COMMENT:

Dan Aversano: regarding the walk through at Skate-time is there going to be designated Q & A session? There are a lot of questions of the day to day operations that need to be answered. Taxpayers need to know where to get this information.
Manuela Michaelscu:
1. I sound again as the broken record regarding the Fire Inspection Fee. I know you have other more pressing issues to deal with but… just wanted to stress that our problem is a pretty simple one: it’s not about talking to the Fire Inspector, but about respecting the Town Board decisions!
In our case the Fire Inspector wrongfully divided the size of a building by 15 (?!) instead of considering what the Town Board clearly indicates — that establishments “MEANT for public assembly for less than 50 persons,” as ours, should have the fire inspection every two years! And also, he was NOT aware of the residential / commercial status of our building.
Following the September Town Board meeting I’ve emailed Supervisor Baden a copy of the NOTICE received from the CEO/Fire Inspector (indicating that the basis is Local Law 2 of 2007) and a copy of the Planning Board DECISION from December 2010 regarding our “approval for Special Use Permit for a Mixed Use at the existing Antique Store” — this is regarding the residential/commercial status our building has for over 10 years (status the Fire Inspector is not aware of).
I don’t know if the Notice, Decision and our point by point analysis were shared with the other TB members and what other documents may be needed to once and for all solve this problem.
Supervisor Baden said he talked to CEO Jerry Davis — because the Town Board establishes the fees, but in fact it’s a Code Enforcement issue.
I replied and emphasized that:
— residential buildings do NOT have fire inspections and do not pay anything and our building is 60% residential (not to mention closed for the last 2 seasons because of the pandemic) and we paid for years…
— the “MEANT for LESS than 50 persons” criteria is in the January 2021 Organizational Meeting minutes and constitutes the most recent update (as the Local Law from 2007 mentioned in the Notice was not changed)
— it is ABSURD to consider that our home/building is for 160 persons in the little commercial area we have (when actually only “empty floor space” should be counted, not the size of the entire building or that of the commercial area)
— it is CEO Jerry Davis who told me — when I specifically asked where to send our letter — that we have to write to the Town Board because it’s a TB decision.

2. Now… to end on a positive note, the pleasure of conveying my sincerest congratulations for the way Heritage Day was planned and organized.
Huge BRAVO to Kate Gundberg, Ashley Sweeney, Bethany Dennin for their energy, dedication, organizational skills, determination and hard work to make this fantastic Heritage Day happen. The Town was, in a way, unrecognizable…
As a member of the Recreation Commission, I want to add special thanks and congratulations to Debra Martin for her idea and organization of the amazing quilt show at the Community Center. We didn’t have such a new activity/accomplishment in a long, long time…
Bravo to all those involved in all Heritage Day activities.

Meg Smith:Hosting a tour at Skatetime with the seller is not appropriate. The Town should hold a public hearing where we can ask questions. What are the costs, square footage, quotes from our insurance company, etc. We don’t know the big picture for this project. It’s being presented as a tour when we need more facts.
Shirley Avery: Have your picked out a date Supervisor Baden? I offered to use my time to open up the courthouse,Town hall and community center for people to tour.

PRESENTATION – OPEN SPACE INSTITUTE- O&W RAIL TRAIL:

Bob Anderberg informed the Town Board that the Town of Rochester Rail trail from Accord to Kerhonkson is the recipient of $500,000 for improvements for drainage, fixing culverts, re-shale surfaces and replace signage. We are hoping to get local bidders and the bidding will go out in November and hope to complete by the end of next summer.

RESOLUTIONS:

ACTION ON MINUTES:
Resolution # 292-2021:

A Motionwas made by Councilwoman EnouenThe Town of RochesterTown Board accepts the minutes of the August 26, 2021 Audit/Workshop Meeting, September 2, 2021 Regular Meeting, September 22, 2021 Special Meeting, and September 29, 2021 Audit/Workshop meeting.
Second: Councilman Paddock
Aye: 5 nay: abstain: motion carried

ACCEPTANCE OF DONATIONS:
Resolution #292-2021:

A Motionwas made by Councilwoman Enouen that the Town of Rochester Town Board accepts donations of $73.96 from St. Pauly’s Textile, Inc., and $100.00 from Shaun & Rita Harkins /CableTrak Systems for the Heritage Day fireworks display.
Second:Councilwoman Haugen-Depuy
Aye: 5 Nay: abstain: motion carried

APPOINTMENT OF EMPLOYMENT:
Resolution # 293-2021:

A Motionwas made by Councilman Hewitt;

Whereas, the Town of Rochester Town Board has applied for and received Order and Determination #11513, dated September 13, 2021 which by order of the Ulster County Personnel Director classifies a new position of Assistant Recreation Director (fulltime) at the Town of Rochester, and

Whereas, the position has been allocated as being in the competitive class of the classified civil service, effective September 13, 2021, and

Whereas, the Town of Rochester Town Board has been supplied a Certification of Eligibles by the Ulster County Personnel department which contains one eligible name, and

Whereas, the Town of Rochester Town Board takes “no action” on such eligible person, and

Therefore, the Town of Rochester Town Board resolves to propose the hiring of Bethany Dennin to the position of Assistant Recreation Director (provisional) at an hourly wage of $17.00 per hour for 35 hours per week, effective October 17, 2021, subject to submittal and approval by the Ulster County Personnel Department as meeting the minimum position qualifications.
Second:CouncilwomanEnouen
Aye: 5 nay: abstain: motion carried

APPOINTMENT OF EMPLOYMENT:
Resolution # 294 -2021:

A Motionwas made by Councilwoman Enouen uponrequest and recommendation of the Town Clerk, the Town of Rochester Town Board appoints Tabitha Ziba as a temporary Clerk for training purposes for the period of October 12, 2021 through October 30, 2021 to be compensated at a rate of $17.00 per hour for up to 35 hours per week
Second:Councilman Paddock
Aye: 5 nay: abstain: motion carried

APPOINMENT OF EMPLOYMENT ( PENDING UC PERSONNEL NOTIFICATION:

Supervisor Baden stated that the formal letter has not reached the Town to approve the appointment however Alyssa Farrell scored a 90 on the Civil Service Zoning Coordinator exam. I am very proud of her.

APPOINTMENT TO THE ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 295-2021

A Motionwas made by Councilman Hewitt that the Town of Rochester Town Board appoints Todd Anderson to the Environmental Conservation Commission for a term to end December 31, 2023, and requests the Town Clerk notify him of the oath of office requirements.
Second: Councilman Paddock
Aye: 5 nay: abstain: motion carried

SETTING A PUBLIC HEARING FOR PROPOSED 2022 BUDGET:
Resolution # 296-2021:

A Motion was made by Councilwoman Enouen that The Town of Rochester Town Board sets a public hearing to hear comments regarding the 2022 Town of Rochester Budget to be held Thursday, November 4, 2021 at 6:30pm, at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404.The November regular meeting will immediately follow the public hearing. The Town Board requests the Town Clerk post and advertise legal notice of such public hearing.
Second:Councilman Haugen-Depuy
Aye: 5 nay: abstain: motion carried

BUDGET AMENDMENT:
Resolution # 297 -2021:

A Motion was made by Councilwoman Enouen thatupon recommendation of the Town Supervisor in the capacity of Budget Officer, the Town of Rochester Town Board authorizes budget modifications for the 2021 General Fund and 2021 Highway Fund, as presented.
Second:Councilman Hewitt
Aye: 5 nay: abstain: motion carried

AUTHORIZING THE SUPERVISOR TO SIGN CONTRACT -SMALL EMPLOYER BENEFIT PACKAGE:
Resolution # 298 -2021:

A Motionwas made by Councilwoman Enouenupon recommendation of the Town Supervisor, the Town of Rochester Town Board accepts the Small Employer Benefits Package with enrollment of qualified Town employees/spouses/families in the MVP Liberty Silver 8 Health Plan, effective December 1, 2021 through November 30, 2022, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
Second:Councilman Hewitt
Aye: 5 nay: abstain: motion carried

Premium Rates per month 5% increase from 2020-2021
Single $857.95 $39.63 increase
Employee/Spouse $1715.90 $79.26 increase
Employee/Children $1458.52 $67.38 increase
Family $2445.16 $112.95 increase

Deductible
Individual $3900 per year no change
Family $7800 per year no change

AUTHORIZING THE SUPERVISOR TO SIGN RENEWAL OF MVP SELECT CARE, INC.- HEALTH REIMBURSEMENT ACCOUNT:
Resolution # 299-2021:

A Motionwas made by Councilwoman Enouenthat upon recommendation of the Town Supervisor, the Town of Rochester Town Board accepts the Small Employer Benefits Package with enrollment of qualified Town employees/spouses/families in the MVP Select Care, Inc. Health Reimbursement Account, effective December 1, 2021 through November 30, 2022, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
80% paid by town (split 40% town – 20% employee – 40% town)
Monthly Fee $2.50 per participant
Individual $3900 per year
Family $7800 per year
Second: Councilman Paddock
Aye: 5 nay: abstain: motion carried

AUTHORIZING THE SUPERVISOR TO ESTABLISH A FLEXIBLE SPENDING ACCOUNT HEALTH FSA:
Resolution # 300-2021:

A Motionwas made by Councilwoman Enouen thatupon recommendation of the Town Supervisor, the Town of Rochester Town Board makes offer to employees the opportunity to enroll in the MVP Select Care, Inc. Flexible Spending Account Health FSA in an amount up to $2750 per year with a grace period of 2.5 months after the end of the plan year to utilize all funds, effective December 1, 2021 through November 30, 2022, as presented by Marshall and Sterling Group Benefits, and authorizes the Supervisor to sign the agreement.
Second: Councilman Paddock
Aye: 5 nay: abstain: motion carried

AUTHORIZING SUPERVISOR TO ENROLL RETIREES IN HEALTH CARE PLAN:
Resolution # 301-2021:

A Motionwas made by Councilman Hewitt that the Town of Rochester Town Board authorizes the Supervisor to enroll in MVP USA Care PPO Plan for the plan year 1/1/22-12/31/22 as presented by Marshall & Sterling and for the Supervisor to sign agreement.
Second: Councilman Paddock
Aye: 5 nay: abstain: motion carried

DISCUSSION ITEMS:

AUTHORIZING THE SUPERVISOR TO ESTABLISH A DENTAL PLAN:
The Town Board discussed the Dental Plan that Marshall and Sterling sent for review. The Board decided they would get some feedback from employees and will vote at the next meeting.
Supervisor Baden stated that there is a 6 month waiting period.

HEARING FOR MANUFACTURED HOUSING PARK PERMIT VIOLATIONS:
Resolution # 302 -2021:

A Motion was made by Supervisor Badenthat;

Whereas, the Code Enforcement Officer, in letter dated April 6, 2021, has made the Town of Rochester Town Board aware of violations of Chapter 140-24, Manufactured Housing Parks, of the code of the Town of Rochester at Hidden Forest Manufactured Home Park, Mettacahonts Road, Accord, NY 12404, and

Whereas, on July 28, 2021, in letter from the Town Supervisor pursuant to Chapter 140-24(F), the owner was served personal notice by the Town of Rochester Constabulary “of a written order that shall require the holder of said license to correct the conditions specified in such order within 15 days after the service of such order”, and

Whereas, “If the holder of such license shall refuse to correct the condition or conditions specified in such order within 15 days after the personal service of such order, the Town Board shall hold a hearing to determine whether the holder is in violation of the provisions of this chapter. The holder shall have the opportunity to be heard and defend its position at the hearing. If the Town Board determines the holder is in violation, it shall, by resolution, revoke such license and impose the levy of a daily fine (as set by Town Board schedule), and the holder of the same shall thereupon terminate the operation of such manufactured housing park. All of the enforcement provisions of this chapter shall apply in such case”, and

Whereas, upon confirmation of the Code Enforcement Officer such 15 days has passed without correction of the conditions

Therefore, the Town of Rochester Town Board convenes a hearing pursuant to Chapter 140-24(F) to be held on Wednesday October 27, 2021 at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404 and requests the Town Clerk post legal notice of this and cause notice to be personally served to both the owner of record of the permit and the Town of Rochester Code Enforcement Officer of the hearing.
Second: Councilwoman Enouen
Discussion: The Board discussed sending notices out to rentors of the park. The Board felt it necessary to notify all residents of the park so they can have the option to attend the hearing, testify, send written complaints.

AMEND RESOLUTION # 302-2021:HEARING FOR MANUFACTURED HOUSING PARK PERMIT VIOLATIONS:
Resolution # 302-2021:

A Motionwas made by Supervisor Baden and Seconded by Councilwoman Enouen to amend the following resolution;

Whereas, upon confirmation of the Code Enforcement Officer such 15 days has passed without correction of the conditions

Therefore, the Town of Rochester Town Board convenes a hearing pursuant to Chapter 140-24(F) to be held on Wednesday October 27, 2021 at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404 and requests the Town Clerk to cause notice to have a process server personally serve to both the owner of record of the permit and property manager and to personally serve notice of hearing to residents of the park and notify the Town of Rochester Code Enforcement Officer of the hearing.
Aye: 5 nay: abstain: motion carried

APPOINTMENT OF EMPLOYMENT:
Resolution # 303 -2021:

A Motionwas made by Supervisor Baden thatupon recommendation of Constable Miller, the Town of Rochester Town Board appoints Michael Sohm to fill the vacant position of Constable (provisional), part-time, at $13.00 per hour, on a 520-hr. probationary basis, pursuant to the Policy and Patrol Guide as approved by the Town of Rochester. This appointment is subject to meeting the training criteria set forth by NYS DCJS for Peace Officers and all employment requirements for the Town of Rochester and Ulster County Civil Service
Second:Councilwoman Haugen-Depuy
Aye: 5 nay: abstain: motion carried

AMERICAN RESCUE PLAN FUNDING:

Councilwoman Enouen presented to the Board the cost of camera, hardware & installation from Fisch solutions.

Supervisor Baden stated that premium pay for employees can date back to 1/20/20.

EXECUTIVE SESSION:

A Motion was made by Councilwoman Enouen to enter into Executive Session at 9:52pm for the purposes of discussion of matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person.
Second:
Aye: nay: abstain: motion carried

A Motion was made by Councilman Hewitt to reconvene the meeting at 10:27pm with no action taken nor monies expended.
Second: Councilwoman Enouen

ADJOURNMENT:

A Motionwas made by Councilwoman Enouento adjourn the meeting at 10:28pm in memory of;
Joshua Demorest
Paul J. Traficanti
Ellie Bayetis
Silas Countryman
Craig Michael Truero
Marlin Wilt Jr
Rudolf Kump
Carl Embree
All suffering worldwide from the COVID-19 virus

Second: Councilman Hewitt motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK