Town Board Regular Meeting – 10/7/2021

Town of Rochester Town Board
Regular Meeting
October7,2021 6:30pm
Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404
As of 10-05-2021

Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

I. Call to Order – Pledge to the Flag – Roll Call

II. 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

A. Public Hearing
The Town Board sets public hearing for Local Law 4-2021, an amendment to the Town of Rochester Zoning Map, to be held on Thursday October 7, 2021 at 6:30pm at the Harold Lipton Community Center, 15 Tobacco Rd, Accord, NY 12404.

B. SEQRA Part 2

C. SEQRA Part 3

III. Attorney for the Town Report

IV. Town Clerk/Tax Collector Report

V. Highway Supt. Report

VI. 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

VII. Supervisor’s Update/Correspondence Report
A. Monthly Correspondence
B. COVID-19 report
C. 2022 Ulster County Budget
D. 2022 Town Budget
E. Heritage Day
F. NY Rising – Alligerville Firehouse update
G. Town Park playground
H. JCAP Grant update
I. Referendum Vote update

VIII. Dept. Updates/Liaison Reports

IX. Town Board Member Time

X. Public Comment

XI. Presentation (approximately 7:30 for 20 minutes)
Open Space Institute – O&W Rail Trail

XII. Resolutions
A. Action on Minutes
Recommended Resolution: The Town of RochesterTown Board accepts the minutes of the August 26, 2021Audit/Workshop Meeting, September 2, 2021 Regular Meeting, September 22, 2021 Special Meeting, and September 29, 2021 Audit/Workshop meeting.

B. Acceptance of Donations
Recommended Resolution: The Town of Rochester Town Board accepts donations of $73.96 from St. Pauly’s Textile, Inc., and $100.00 from Shaun & Rita Harkins and $100.00 from CableTrak Systems for the Heritage Day fireworks display.

C. Appointment of Employment
Recommended Resolution:
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.


D. Appointment of Employment
Recommended Resolution:On request 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

E. Appointment of Employment (pending UC Personnel Notification)
Recommended Resolution:TBD

F. Appointment to ECC
Recommended Resolution: 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.

G. Setting a Public Hearing
Recommended Resolution: 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.

H. Budget Amendement
Recommended Resolution: Upon 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.

I. Authorizing the Supervisor to Sign a Contract-Small Employer Benefits Package
Recommended Resolution: 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 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.

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


J. Authorizing the Supervisor to Sign Renewal of MVP Select Care, Inc. Health Reimbursement Account
Recommended Resolution: 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

K. Authorizing the Supervisor to Establish a Flexible Spending Account Health FSA
Recommended Resolution: Upon 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.

XIII. Discussion Items
L. Authorizing the Supervisor to Establish a Dental Plan

M. Hearing for Manufactured Housing Park Permit Violations
Recommended Resolution:
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 send notice to both the owner of record of the permit and the Town of Rochester Code Enforcement Officer of the hearing.


N. Appointment of Employment
Possible Recommended Resolution: Upon recommendation of Constable Miller, the Town of Rochester Town Board appoints Michael Sohmto fill the vacant position of Constable (provisional), part-time, at $12.00 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

O. Local Law 5-2021, Amendment to Chapter 118, Solid Waste/Littering

P. ARPA Funding

XIV. Memorium
Joshua Demorest
Paul J. Traficanti
Ellie Bayetis
Silas Countryman
Craig Michael Truero
Marlin Wilt Jr
Rudolf Kump.
All suffering worldwide from the COVID-19 virus

XV. Executive Session
Recommended Resolution: The Town of Rochester motions to enter into Executive Session at _____pm for the purposes of discussion of matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person.

Recommended Resolution: The Town of Rochester motions to exit Executive Session at _____pm.

XVI. Adjournment