Town Board Regular Meeting – 11/4/2021

Town of Rochester Town Board
Regular Meeting
November 4, 2021 6:30pm
Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404
As of 11-02-2021

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

*To read support documents relevant to this meeting, please scroll to the bottom of the page for clickable links.

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

II. Public Hearing – 2022 Preliminary Budget
The Town of Rochester Town Board presents to the Town Clerk the 2022 Preliminary Budget in the amount of
Fund Operating Costs Tax Levy % Change in Tax Levy
General Fund $2,469,602 $536,938 -15.43%
Highway Fund $1,989,927 $1,400,427 +3.21%
Total $4,459,529 $1,937,365 -2.74%
Special Districts
Accord Lighting $2,520 $1,465 -41.09%
Kerhonkson Lighting $1,620 $ 940 -42.40%
Berme Lighting $ 630 $ 365 -42.41%

Resolution
A. Special Meeting – 2022 Budget Adoption
Recommended Resolution: The Town Board sets a special meeting to be held Wednesday November 17, 2021 and requests the Town Clerk circulate notice.

III. Attorney for the Town Report

IV. Town Clerk/Tax Collector Report

V. Highway Supt. Report

VI. Supervisor’s Report – October 2021 report – Filed with the Town Clerk

October 2021 Financials
Total Revenue October 2021
General Fund $
Highway Fund $

Expenditures
Abstract 10-2021
General Fund $
Highway Fund $
Street Lighting Fund $0.00

Total Expenditures October 2021
General Fund $
Highway Fund $
Street Lighting Fund $0.00

VII. Supervisor’s Update/Correspondence Report
A. Monthly Correspondence
B. COVID-19 report
C. NY Rising – Alligerville Firehouse update
D. Town Park playground

VIII. Dept. Updates/Liaison Reports

IX. Town Board Member Time

X. Public Comment

XI. Resolutions
B. Amending Resolution _____ Payment of Highway Fund Abstract 10-2021
Recommended Resolution: The Town Board amends Resolution xxx-2021, and approves the payment of Highway Fund Abstract 10-2021 in the amount of

C. Action on Minutes
Recommended Resolution: The Town of Rochester Town Board accepts the minutes of the October 7, 2021 Regular Meeting, October 11, 2021 Budget Workshop meeting, October 20, 2021 Budget Workshop meeting, October 26, 2021 Budget Workshop meeting, and October 28, 2021 Audit/Workshop meeting.

D. Acceptance of Donations
Recommended Resolution: The Town of Rochester Town Board accepts donations of $124.17 from St. Pauly’s Textile, Inc., and $73.00 in various cash donations from the Heritage Day pie contest.

E. Appointment of Employment
Recommended Resolution:
Whereas, the Town of Rochester Town Board has been supplied a Certification of Eligibles by the Ulster County Personnel department for the position of Zoning Coordinator dated October 4, 2021 which contains one eligible name
Therefore, the Town of Rochester Town Board resolves to the hiring of Alyssa Farrell to the position of Zoning Coordinator effective October 31, 2021.

F. Re-Appointment to Board of Assessment Review
Recommended Resolution: The Town of Rochester Town Board appoints Margaret Bonner to the Board of Assessment Review for a term to end September 30, 2026, subject to training requirements, and requests the Town Clerk notify her of the oath of office requirements.

G. Appointment to Recreation Commission
Recommended Resolution: The Town of Rochester Town Board appoints Tina Bergen Russell to the Recreation Commission for a term to end December 31, 2023, and requests the Town Clerk notify her of the oath of office requirements.

H. Appointment to Volunteer Coordinator – Tranfer Station Recycling
Recommended Resolution: The Town of Rochester Town Board appoints Tina Bergen Russell to unpaid position of Volunteer Coordinator, Transfer Station Recycling

I. Advertising for Vacancies on Boards & Commissions
RECOMMENDED RESOLUTION: The Town Board authorizes the Supervisor to publish an advertisement in the Shawangunk Journal seeking interested volunteers for various Boards & Commissions vacancies beginning in 2022.
Planning Board (1 member), Zoning Board of Appeals (1 member), Historic Preservation Commission (4 members), Recreation Commission, Ethics Board (1 member)
Applications shall consist of a letter of interest for the position including either a resume or experience and qualifications statement. The Supervisor will contact those members whose terms have expired to request letters of interest for reappointment.
Any current member seeking reappointment has the opportunity to be interviewed, but it will not be required.

J. Recommendation to Ulster County Legislature
Recommended Resolution: The Town of Rochester Town Board recommends to the Ulster County Planning Department and Ulster County Legislature the appointment of Michael Baden to serve as the Town of Rochester regular representative and Erin Enouen to serve as the alternate representative for the term ending December 31, 2025.

K. Dedication of Land for a Neighborhood Recreation Area
Recommended Resolution by Councilman Hewitt;
Whereas, the Town of Rochester owns property located at 6140 US Route 209, Kerhonkson, NY known as SBL 76.1-3-17 containing 67.156 +/- acres, and

Whereas, 33.07 +/- acres of the property is currently under long-term lease for community solar and a cellular tower, and

Whereas, there exists in the rear portion of the property an area identified as having 34.08 +/- acres in which the Mill Brook flows, and

Whereas, the Town of Rochester Town Board, with Resolution 87-2020, authorized contract with Bioregional Living LLC to complete proposed scope of phase 1 work to the 34 acre town land located at 6140 Route 209, Kerhonkson, NY 12446. This phase will include with the research of all species on the property, layout for trails, focus on rare locations of the properties, access needs of planting, signage, sitting and observations areas, steps or switchbacks and parking. Furthermore at the completion of phase 1 present maps and narrative to the Town Board., and

Whereas, on April 8, 2021 Councilman Hewitt presented the Phase 1 report stating “ this land has not been logged in over 80 years, and many of the hardwood trees are 200 to 300 years old – a truly rare ecological asset for the Town to appreciate, preserve, and protect”.and “the forest is a rare and exceptional mostly deciduous hardwood mix with some particularly healthy specimen trees that will be highlighted in the trail system. Some of the white oaks are over 200 years in age.”, and

Whereas, the Town Board requested the Supervisor send letters to bounding owners of the area notifying of a similar presentation by the Town of Rochester Environmental Commission on April 15, 2021, and

Whereas, on April 15, 2021 The ECC and Councilman Hewitt made such presentation, and

Whereas, on Sept. 29, 2021, with Resolution 288-2021, the Town Board authorized contract with Andrew Faust for Phase 2 of the Watershed education park, and

Whereas, § 241 of General Municipal Law allows for “Dedication or acquisition of land or buildings for playgrounds or neighborhood recreation centers.”, and

Whereas, Councilman Hewitt recommends to the Town Board this area be preserved and protected and made available to all residents and groups of the Town of Rochester as a self-guided walking nature trail that may be utilized by schools and other persons or groups for educational and recreational purposes, and

Therefore, with this resolution, the Town of Rochester Town Board designates this area as the Town of Rochester Natute Trail, pursuant to § 241 of General Municipal Law

L. Authorizing to Apply for a Grant
Recommended Resolution: The Town of Rochester Town Board authorizes Councilman Hewitt to apply to the Hudson River Valley Greenway Community Grant Program for up to $10,000, provided matching funds required shall be limited to current expenditures and “in kind credits”, for a project for the Town of Rochester Nature Trail to include a welcome kiosk, signage, trail blazes, and QR reader technology for a self-guided tour.

M. Renewal of Racing Permit
Recommended Resolution:The Town Board authorizes the racing permit renewal to Accord Speedway, Inc., pursuant to Town of Rochester Code §107-4C and all other conditions as specified in Town of Rochester Code §107.
Such permit is authorized only contingent upon presentation of the following proofs to the Town prior to commencement of the 2022 racing schedule.
1. Each year an Ulster County Health Department permit shall be required for all food concessions on the racetrack premises as a condition precedent to obtaining a permit from the town to operate said racetrack.
2. The applicant shall provide proof of compliance with Ulster County Health Department regulations as they pertain to lavatories and septic facilities as a condition precedent to obtaining a permit from the town to operate said racetrack.
3. Liability insurance. The permittee shall at all times maintain in full force and effect a public liability insurance policy in amounts not less than $1,000,000 for damages in which one person is killed or injured per occurrence and not less than $2,000,000 for damages in which more than one person is killed or injured per occurrence. A certificate of insurance naming the Town of Rochester as an additional insured must be filed with the Town Clerk at least five days prior to the first date of racetrack usage specified in the permit. Said certificate shall bear the, name of the insurance company, the policy number, the term of the policy, the above-specified amounts and the name and address of the permittee’s insurance agent.
4. The permit holder shall deposit with the Town Clerk $1000 for the Town Code Enforcement Officer’s use in hiring an independent sound expert to perform sound measurements and issue report(s) to the Town Board and the Code Enforcement Officer with respect to the permit holder’s compliance with the noise requirements of this chapter. This amount is for one testing. Should additional testing be determined to be warranted for said measurements; which may be taken two times during the racing season at the sole expense of the permit holder; an additional $1000 shall be required at such time. Additional measurements above two obtained by the town during the racing season shall be at the sole expense of the town.

The Town Board grants the Supervisor the authority to review and certify these conditions have been complied with without further resolution

The Town Board further accepts the racing schedule as presented for 38 actual racing dates and 28 potential rain dates. Dates listed as rain dates may be utilized only to replace a rained out approved event date.

The Town Board further states, upon verification with the Code Enforcement Officer, there are no outstanding notices of violation issued by the Town and required sound testing for 2021 occurred.

XII. Discussion Items (possible resolutions)
N. EMS Service – KAFAS & MFAU Budget Submissions

O. ARPA Disbursements
1. Reconcilliation Report
2. Harold Lipton Community Center AV Equipment
Recommended Resolution by Councilwoman Enouen: The Town Board authorizes the Town Supervisor to purchase audio visual equipment, as presented, through Fisch Solutions, the Town’s IT consultant, in the amount of ______ for a video screen, microphones, a video camera, and a mini pc. The installation of such equipment shall be provided by Fisch Solutions as part of our contract. This purchase shall utilize the American Rescue Plan funds. This is to be classified as a Category 1: Responding to the public health emergency or its negative economic impacts. The COVID19 pandemic has created a need for smaller gatherings and social distancing to reduce the spread of the COVID19 virus. The purchase of an audio visual system will improve the town’s ability to stream town meetings, which reduces the need for the public to show up to in person meetings.
3. Premium Pay
4. Broadband
5. EMS possibility

P. Contract for Payroll Services

XIII. Memorium
Roger Rascoe
Christopher Howe
George Winters Jr.
Longin Staruch
Anne Marie Sagan
All suffering worldwide from the COVID-19 virus

XIV. Adjournment

Resolution M

Resolution L

Resolution K

Resolution J

RESOLUTION G

Resolution F

Resolution E

Resolution D

Assessor Report

2022 Preliminary Budget Package