Town Board Agenda – 11-1-2018

Town of Rochester Town Board
Regular Meeting
Nov. 1, 2018 7:00PM
Town of Rochester Town Hall, 50 Scenic Dr, Accord, NY
As of 10-31-2018

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

II. Public Hearing – 2019 Fiscal Year Town of Rochester Preliminary Budget

FUND APPROPRIATIONS AND PROVISIONS FOR OTHER USES LESS ESTIMATED REVENUES LESS UNEXPENDED BALANCE AMOUNT TO BE RAISED BY TAXES 2018 TAXES INCREASE (DECREASE)
A – GENERAL $2,148,447 $1,456,170 $75,000 $617,277 $689,630 -$72,353
DA – HIGHWAY $2,097,335 $683,079 $150,000 $1,264,256 $1,103,805 $160,451
TOTAL $4,245,782 $2,139,249 $225,000 $1,881,533 $1,793,435 $88,098
PERCENTAGE CHANGE 4.9122%

2019 Preliminary 2018 Actual Change from 2018 to 2019
FUND Taxable Assessed value Rate per 1,000 Taxable Assessed value Rate per 1,000 Taxable Assessed value Rate per 1,000
A – GENERAL $794,665,476 0.77678 $780,743,721 $0.88330 $13,921,755 -$0.10652
DA – HIGHWAY $794,665,476 1.59093 $780,743,721 $1.41379 $13,921,755 $0.17714
TOTAL $794,665,476 2.36770 $780,743,721 $2.29709 $13,921,755 $0.07062
PERCENTAGE CHANGE 3.07429%

III. Public Hearing – Local Law #9 of 2018 – Override of the tax levy limit for fiscal year 2019 Town of Rochester budget pursuant to General Municipal Law §3-c

IV. Resolution – Action on Minutes
Recommended resolution; accepting the minutes of the meetings as presented.
(a) Oct. 4, 2018 Public Hearing, Local Law #6
(b) Oct. 4, 2018 Public Hearing, Local Law #7
(c) Oct. 4, 2018 Public Hearing, EEO Zoning District parcel inclusion
(d) Oct. 4, 2018 Regular meeting
(e) Oct. 11, 2018 Special meeting – Budget Workshop
(f) Oct. 18, 2018 Special meeting – Budget Workshop

V. Supervisor’s Report

VI. ATTORNEY for the TOWN UPDATE

VII. Liaison Reports

VIII. Supervisor’s Update

IX. Correspondence Report

X. Town Calendar
Nov. 8 Planning Board Harold Lipton Community Ctr 7pm
Nov. 8 Environmental Conservation Commission Town Hall 6pm
Nov. 15 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Nov. 19 Historic Preservation Commission Town Hall 2pm
Nov. 20 Ulster County Legislature County Office Bldg., Kingston 7pm
Nov. 29 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm

XI. Public Comment

XII. Discussion
a) Assessor’s office air quality
b) Courthouse annex reconstruction quote
c) Transfer Station tire fees

XIII. Resolutions
a) Setting a Special Meeting
Recommended resolution; the Supervisor hereby calls a special meeting of the Town Board to be held ________ November __, 2018 at 6:30pm at Town Hall, 50 Scenic Road, Accord, NY for the purpose of reviewing and adopting a final Town budget for fiscal year 2019 and directs the Town Clerk to post and circulate notice of such. The meeting previously announced as scheduled November 15, 2018 at 6:30pm at Town Hall, 50 Scenic Road, Accord, NY is cancelled.

b) Budget Amendments-General Fund
Recommended resolution; The Town Board approves the following General Fund budget amendments, as recommended by the Town Supervisor
A1110.1 Justices PS -$4,000 New Budgeted $109,950
A1110.4 Justices CE +$4,000 New Budgeted $16,650

A1480.4 Public Info CE -$2,500 New Budgeted $0
A1920.4 Contingency -$3,200 New Budgeted $0
A1220.4 Supervisor CE +$4,000 New Budgeted $18,480
A1430.4 Personnel CE +$1,700 New Budgeted $4,600

c) Accepting a Donation
Recommended resolution; The Town Board accept donations of
1. $104.00 collected from various people by the Recreation Department during Heritage Day
2. $125 from Arlene Levine for Thanksgiving Community lunch
3. $153 from the Rochester Senior Group for bus driver wages for the trip to Resorts World Catskills casino

d) Change in Hours of Public Operation
Recommended motion; the Town Board adopts these changes in hours of operation open for public business for the following offices;
1. Justice Court – M,T,W,Th 9am-4pm
(effective October 1, 2018)
2. Planning and Zoning Office – M,T,Th,F 9am-12pm, 1pm-4pm; W 9am-1pm
(effective November 13, 2018)

e) Change in Position for Planning and Zoning Secretary
Recommended motion; Effective Nov. 13, 2018 the Town Board hereby adopts a change in position for the Planning and Zoning Secretary from 35 hours per week to 28 hours per week PLUS all monthly meeting hours, additionally. The position will be changed from (FT) to (PT), and all benefits as expressed in the Compensation and Benefits Manual shall apply.

f) Appointment of Planning and Zoning Secretary
Recommended motion; the Town Board appoints __________________ to serve in the position of Planning and Zoning Board of Appeals Secretary for the hours designated to the position at a rate of $16.00 per hour, effective November 11, 2018.

Designation of 2nd Deputy Town Clerk (Not a Resolution – No Vote)
Kathryn Gundberg, Town of Rochester Town Clerk hereby appoints _____________ to serve in the vacant position of 2nd Deputy Town Clerk, for an average of 17.5 hours per week/per year, subject to the 2018 Wage and Salary Schedule and any and all training or certification requirements, effective November 11, 2018.

g) Compensation for Training Employee
Recommended motion; the Town Board agrees to compensate Shaye Davis contractually at a per hour rate of $18.00 for a period of November 10, 2018 – December 31, 2018 to assist in any and all training as may be determined needed for the Planning and Zoning Board Secretary, upon approval of the Supervisor.

h) Appointment to the Environmental Conservation Commission
Recommended resolution; The Town Board appoints Madeline Russo to membership to the Town of Rochester Environmental Conservation Commission for a term to end Dec. 31, 2020 and directs the Town Clerk to send notice of the requirements of Oath of Office.

i) Authorizing the Supervisor to accept a Quote to Purchase 4 Tires for buildings & grounds pickup truck
Quotes:
1. Van Kleeck’s Tire, Inc.
4 @ 265-70R-18 $192.96/tire – unmounted
Total Quote: $771.84 – unmounted

2. Gene’s Tire Service
4 @ 265-70R-18 $209.00/tire – mounted
Total Quote: $836.00 – mounted

Recommended resolution; Accepting the quote from Gene’s Tire Service for the purchase of 4 tires in the amount of $836, mounted, and authorizing the buildings & grounds Supervisor to order same

j) Waiver of Compensation and Benefits Manual, Part 6-2 Medical Insurance for Retirees, Part 6.2.7 Premium Payment
Recommended motion; The Town Board hereby waives the application of Compensation and Benefits Manual, Part 6-2 Medical Insurance for Retirees, Part 6.2.7 Premium Payment for all retirees and spouses enrolled in the MVP Gold Plan as of December 1, 2018. All retirees currently enrolled shall make any payment percentages of the monthly premium as they currently make on or before the first day of each month. Any retirees after December 1, 2018 shall be responsible for payment as detailed in the Compensation and Benefits Manual, Part 6-2 Medical Insurance for Retirees, Part 6.2.7 Premium Payment. This waiver is granted for the period of December 1, 2018 through December 31, 2019.

k) Authorizing the Supervisor to sign a Land Use and Construction Permit of Authorization – Airport Road
Recommended resolution; The Town Board authorizes the Town Supervisor to sign, on behalf of the Town, an authorization enabling Independent Wireless One Leased Realty Corp, d/b/a Sprint, American Tower, their parents, subsidiaries, affiliates, successors, assigns, contractors, and agents to act as non-exclusive agent for the sole purpose of filing and consummating any current or future land-use or construction permit applications as may be required by the applicable permitting authorities for Sprint’s proposed equipment, consisting of installing six new antennas on existing cell tower along with a new 10’x12’ equipment pad inside existing fenced compound. No changes in tower height, no changes in compound footprint.

l) Renewal of Racing Permit
Recommended motion; The Town Board of Rochester 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 Board prior to commencement of the 2019 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.
5. 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 actual racing 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.

The Town Board further states, upon information from the Code Enforcement Officer, the sound testing for 2018 will occur on November 3, 2018 as it was unable to be scheduled due to 11 rainout racing sessions in the 2018 season. Results shall be made available to the Town Board.

m) Authorizing the Supervisor to Sign the following, upon advice and consent of the Town Attorney
1. Memorandum and Commitment
Recommended motion; The Town Board authorizes the Supervisor to sign the MEMORANDUM OF COMMITMENT (this “Memorandum”), effective as of November 1, 2018 (the “Effective Date”), and entered into by and between the TOWN OF ROCHESTER, Ulster County, New York, a municipality with an address of Rochester Town Hall, 50 Scenic Road, P.O. Box 65, Accord, New York 12404 (the “Town”) and, OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company, 1814 Franklin Street, Suite 700, Oakland, California 94612 (the “Developer”).

2. Memorandum and Option of Lease
Recommended motion; The Town Board authorizes the Supervisor to sign the MEMORANDUM OF OPTION AND LEASE made as of November 1, 2018, between THE TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK, a municipality having an address of Rochester Town Hall, P.O. Box 65, 50 Scenic Road, Accord, New York 12404 (“Lessor”) and OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company, having an address of 1814 Franklin Street, Suite 700, Oakland, CA 94612 (“Lessee”).

3. First Amendment of Lease
Recommended motion; The Town Board authorizes the Supervisor to sign the FIRST AMENDMENT OF LEASE (“Agreement”), made effective as of November 1, 2018 (“Effective Date”), by and between OFF AIRPORT ROAD WEST SOLAR, LLC (“Lessee”), and the TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK (the “Lessor”), each a “Party” and collectively the “Parties”.

4. Site License Agreement (Logging)
Recommended motion; The Town Board authorizes the Supervisor to sign the SITE LICENSE AGREEMENT (LOGGING), dated as of November 1, 2018 (the “Effective Date”), by and between OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company (“Licensee”), and TOWN OF ROCHESTER, Ulster County, New York (“Licensor”).

5. Site License Agreement (Mining)
Recommended motion; The Town Board authorizes the Supervisor to sign the SITE LICENSE AGREEMENT (MINING), dated as of November 1, 2018 (the “Effective Date”), by and between OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company (“Licensee”), and TOWN OF ROCHESTER, Ulster County, New York (“Licensor”).

6. Request for approval to apply for logging permit
Recommended motion; The Town of Rochester Town Board, as owner of record for the parcel known as SBL 69.3-2-100, located at Airport Road, authorizes OFF AIRPORT ROAD WEST SOLAR, LLC to apply on the Town’s behalf for a Logging Permit from the Town of Rochester Code Enforcement Office.

7. Authorizing the Supervisor to Sign the Modification of NYS DEC Mined Land Reclamation Permit
Recommended motion; The Town Board authorizes the Town Supervisor to sign the modification application for NYSDEC Mined Land Mine ID #30077, Airport Road, to install solar panel array.

XIV. BOARD MEMBER TIME

XV. ADJOURNMENT