Town Board Agenda – 5-3-2018

TOWN OF ROCHESTER TOWN BOARD
REGULAR MEETING
May 3, 2018 7:00PM
Town of Rochester Town Hall, 50 Scenic Dr, Accord, NY

I. CALL TO ORDER – PLEDGE TO THE FLAG – ROLL CALL

II. PUBLIC HEARING
• Amendment to Comprehensive Plan – Natural Heritage Plan and Open Space Inventory
Adoption of the Open Space Inventory dated January 2016, and the Natural Heritage Plan dated April 2, 2018 as addendums to the Town of Rochester Comprehensive Plan

RESOLUTION
• xx of 2018
Recommended resolution to continue the public hearing to be reconvened June 7, 2018 at 7:00pm

III. PUBLIC HEARING
• Local Law #3 of 2018 – Amendment to Chapter 140, Zoning
Establishment of an Economic Enterprise Overlay (EEO) zone to foster economic development, diversification of land uses and employment generation through the reuse and/or redevelopment of underutilized properties.

RESOLUTION
• xx of 2018
Recommended resolution to continue the public hearing to be reconvened June 7, 2018 immediately following the 7:00pm public hearing for the amendment to the Comprehensive Plan.

IV. RESOLUTION – ACTION ON MINUTES
• xx of 2018
(a) April 5, 2018 Regular Meeting
(b) April 26, 2018 Audit/Workshop Meeting

V. CORRESPONDENCE REPORT

VI. SUPERVISOR’S REPORT

VII. ATTORNEY for the TOWN UPDATE

VIII. LIAISON REPORTS

IX. TOWN EVENT CALENDAR UPDATES
• May 5 May Day Fun – Friends of Historic Rochester – Main Street 10am-3pm
• May 5 Riverkeeper Rondout Creek and Trail Clean-up – Berme Rd. Trail entrance 10am-2pm
• May 5 Rabies & Distemper Clinic – Accord Feeds and Needs 10am-1pm
• May 5 Katie’s Pie Fest – Kelder’s Farm 11am
• May 11 Mother’s Day brunch – Harold Lipton Community Center 10:30am – 12Noon
• May 15 Rondout Valley School Budget and Board of Education Vote – RVCSD 7am-9pm
• May 24 Grievance Day – Town Hall 2pm-9pm
• May 28 Memorial Day Ceremony – Veteran’s Park 11:30am
• May 28 Memorial Day Parade – Town Hall/Accord Fire District 12:30pm line-up, 1pm parade

X. SUPERVISOR’S UPDATE

XI. PUBLIC COMMENT

XII. RESOLUTIONS
• xx of 2018 – Authorization of Letter in Support of the Stop Smart Meters NY Petition
Recommended resolution authorizing the Town Supervisor to send a letter in support of the Stop Smart Meters NY petition to Kathleen H. Burgess, Secretary New York State Public Service Commission, requesting a rehearing regarding the opt-out tariff for installation of advanced digital metering devices in Central Hudson’s service territory.

• xx of 2018 – Accepting a Donation
Recommended resolution to accept a donation of $2500.00 from the Michael Oremus Foundation, Inc. to be used toward the Town of Rochester Summer Youth Program pursuant to Town Law § 64 (8); and to deposit the donation into General Fund Revenue line AA-4-2089, Youth and Recreation Fees, and to send a letter of thanks for the generous donation.

• xx of 2018 – Authorizing the Town Supervisor to Sign a Contract Extension with Pitney Bowes
Recommended resolution authorizing the Town Supervisor to enter into a contract extension with Pitney Bowes for the lease of a DM400C Digital Mailing System with the Standard SLA-Equipment Service Agreement, as presented, for a term of 60 months at a rate of $164.42 per month to be billed quarterly.

• xx of 2018 – Authorizing Chief Constable to Apply for a Department of Justice (DOJ) Grant
Recommended resolution authorizing the Chief Constable to apply, on behalf of the Town of Rochester, for the Bulletproof Vest Initiative DOJ grant with the condition there shall be no cost to the Town and no matching funds required.

• xx of 2018 – Vendor Rate
Recommended resolution to increase the contract rate paid to Kevin Hindman for animal control services to $15.00 per hour plus approved mileage, as audited monthly, effective May 1, 2018.

• xx of 2018 – Authorizing the Town Supervisor to Sell Surplus Highway Equipment at Auction Recommended resolution authorizing the Town Supervisor to sell items no longer utilized by the Highway Department at auction.
(a) 1999 International Dump Truck (vin# 1HTGBADR1XH647013)
(b) 1999 International Dump Truck (vin# 1HTGBADRXXH647012)

• xx of 2018 – Establishment of Town Office Hours to be Open to the Public
Recommended resolution
Upon recommendation of the Town Clerk, Town Justices, and Town Supervisor, the Town Board hereby establishes official office hours of operation open to the public, as presented.
• xx of 2018 – Establishing an ad-hoc Trails Committee
Recommended resolution
WHEREAS, the Town of Rochester desires to promote trail use to gain health benefits to the community and economic benefits from increased tourism; and
WHEREAS, the Town of Rochester desires to encourage recreational use trails and waterways; and
WHEREAS, the Town of Rochester maintains the Town of Rochester section of the O&W Rail Trail and desires volunteer assistance in such maintenance; and
WHEREAS, the Town of Rochester is a member of the O&W Rail Trail Coalition of Municipalities, promoting and encouraging use of the O&W Rail Trail; and
WHEREAS, the Town of Rochester desires to develop the connection between the two segments of the O&W trail which lie within the Town of Rochester as this will complete the Kerhonkson to Kingston section of the O&W Rail Trail;

NOW THEREFORE, the Town of Rochester hereby establishes the ad-hoc Trails Committee; and
FURTHER, the mission of the committee shall be to promote trail use, seek volunteer support for maintenance of trails and to research the goal to develop the connection between the two segments of the O&W trail which lie within the Town of Rochester; and
FURTHER, such committee shall be comprised of seven (7) members; and
FURTHER, such members shall be 1. Town Supervisor, 2. a Town Board member, 3. a resident who represents the hiking use of trails community, 4. a resident who represents the equestrian use of trails community, 5. a resident who represents the bicycle use of trails committee, 6. a resident who represents the watersports community, and 7. a resident who represent property owners contiguous to the rail trail; and
FURTHER, such members shall serve at the pleasure of the Town Board with no specific term limits; and
FURTHER, the Town Supervisor is authorized to advertise the establishment of the Trails Committee soliciting members of the community interested in being appointed to the committee.

• xx of 2018 – Establishing an Open Development Zone, SBL 67.2-1-4, 67 Cherry Lane
Recommended resolution
WHEREAS, the Town Board has received request to consider an open development area for the parcel located at 67 Cherry Lane, known as SBL 67.2-1-4, pursuant to Town Law § 280-A (4) and Town of Rochester Code §140-60(N), allowing for permits to be issued; and
WHEREAS, the Town Board, upon consideration of the request, with resolution #111 of 2018 resolved to send such request to the Planning Board, Highway Superintendent, and Code Enforcement Officer for opinion as to whether the condition of the improvement of the private street access from the public road is adequate for public health, safety, and general welfare for the special circumstances of 67 Cherry Lane; and
WHEREAS, the Town Board received favorable responses from the Planning Board, Highway Superintendent, and Code Enforcement Officer indicating no concerns with conditional access;

NOW THEREFORE, the Town Board declares the establishment of an open development area for the parcel located at 67 Cherry Lane, known as SBL 67.2-1-4, pursuant to Town Law § 280-A (4) and Town of Rochester Code §140-60(N), allowing for permits to be issued, subject to the following conditions;
[1] Owner of the parcel shall execute a road maintenance agreement between the Town Board and the owner which shall be signed by Town Supervisor upon review and agreement by the Attorney for the Town.
[2] Owner shall be responsible to file such agreement with the Ulster County Clerk
[3] Owner shall be responsible to reimburse the Town for any and all costs incurred by the Town in the review.

• xx of 2018 – Authorizing a Payment in Lieu of Taxes Agreement (PILOT) for Solar Energy Systems between the Town of Rochester and Fordemoor Solar, LLC.
Recommended resolution
WHEREAS, Owner has submitted a Notice of Intent to the Taxing Jurisdiction that it plans to build and operate a “Solar Energy System” as defined in New York Real Property Tax Law (“RPTL”) Section 487 (1)(b) (herein the “Project”) with an expected nameplate capacity (“Capacity’’) of approximately two (2) Megawatts AC on a parcel of land located within the physical boundaries of the Taxing Jurisdiction within the Town of Rochester at Berme Road, SBL76.3-1-20; and
WHEREAS, the Taxing Jurisdiction has not opted out of RPTL Section 487; and
WHEREAS, pursuant to RPTL Section 487 (9)(a), the Town of Rochester has indicated its intent to require a Payment in Lieu of Taxes (“PILOT”) Agreement with the Owner, under which the Owner (or any successor owner of the Project) will be required to make annual payments to the Town of Rochester for each year during the term of this Agreement; and
WHEREAS, the Owner has submitted or will submit to the assessor of the Town a RP-487 Application for Tax Exemption of Solar or Wind Energy Systems or Farm Waste Energy Systems, demonstrating its eligibility for a real property tax exemption pursuant to RPTL Section 487; and
WHEREAS, the Parties intend that, during the term of this Agreement, the Project will be placed on an exempt portion of the assessment roll and the Owner will not be assessed for any statutory real property taxes for which it might otherwise be subjected under New York law with respect to the Project.

NOW THEREFORE, for and in consideration of the mutual covenants contained in the contract, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to be bound by the PILOT contract, as presented; and
FURTHER; The Town of Rochester Town Board authorizes the Town Supervisor to sign such PILOT contract upon approval by the Planning Board of the Special Use Permit for the Solar Energy System.

• xx of 2018 – Appointment of Chairperson of the Environmental Conservation Commission
Recommended motion appointing Kristin Marcell to serve as the Chairperson of the Town of Rochester Environmental Conservation Commission, effective May 4, 2018.

• xx of 2018 – Authorizing a Shared Services Contract between the Town of Rochester and the Kerhonkson Accord First Aid Squad
Recommended resolution authorizing the Town Supervisor to sign a shared services contract with the Kerhonkson Accord First Aid Squad, as presented, effective through December 31, 2018.

• xx of 2018 – Authorizing the Town Supervisor to Seek Sealed Request for Proposal (RFP)
Recommended resolution authorizing the Town Supervisor to seek sealed bids Request for Proposal (RFP) to contract with vendors for General Construction, Electrical, and HVAC services for the construction of three (3) new offices to be located in the Town Hall and authorizing the Town Clerk to advertise such RFP. Specifications of bids to be available at the Town Clerks Office and on the town website. Bids are due on or before June 25, 2018 at 11:00am at the office of the Town of Rochester Clerk PO Box 65 / 50 Scenic Road Accord, New York 12404 where they will be opened and read aloud. A non-collusion form must be included. The Town Board has the right to reject any and all bids.

• xx of 2018 – Authorizing Town Supervisor to Enter into a Contract for Labor Relations Consulting
Recommended resolution to authorize the Town Supervisor to enter into a contract with Michael A. Richardson payable at an hourly rate for the services of update of the employee handbook with the total not to exceed $900.00 and to reimburse travel expenses from their office to the T/Rochester Town Hall at the current IRS mileage rate of $.545 per mile. This hourly rate shall comprise services provided to the Town for meetings at Town property. Services provided at his office in conjunction with this update shall be included in the monthly $200.00 fee already under contract.

• xx of 2018 – Authorizing Supervisor to Create a Committee for Review of Employee Handbook
Recommended resolution authorizing the Town Supervisor to create a committee to review the employee handbook with the labor relations consultant. Such committee shall be comprised of the Supervisor, 1 Town Board member, the labor relations consultant, Shirley Lamon, town bookkeeper, and one other full-time, non-collective bargaining unit employee.

• xx of 2018 – Appointment of Laborer (PT)
Recommended resolution appointing _____________ to fill the vacant position of Laborer on an
as-needed, part-time position not to exceed 32 hours per week at a rate of $11.00 per hour. Laborer duties shall be to work at the Transfer Station and Buildings and Grounds Department under the supervision of Harry Worden, Buildings and Grounds Supervisor.

• xx of 2018 –Appointment of Summer Youth and Recreation Counselor (PT)
Recommended resolution appointing ______________ to fill the vacant position of Summer Counselor, part-time, for a period of 7 weeks for the summer youth program at a rate of $11.22 per hour. Summer Youth and Recreation Counselor duties shall be under the supervision of Ashley Sweeney, Provisional Recreation Director.

• xx of 2018 –Appointment of Summer Youth and Recreation Counselor (PT)
Recommended resolution appointing ______________ to fill the vacant position of Summer Counselor, part-time, for a period of 7 weeks for the summer youth program at a rate of $10.40 per hour. Summer Youth and Recreation Counselor duties shall be under the supervision of Ashley Sweeney, Provisional Recreation Director.

• xx of 2018 – Appointment of Constable (PT)
Recommended resolution appointing ______________ to fill the vacant position of Constable,
part-time, at a rate of $10.40 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. Constable duties shall be under the supervision of Chief Richard Miller, Chief Constable.

• xx of 2018 – Termination of Constable (PT)
Recommended resolution terminating the employment of the at-will employee appointed to the Lieutenant Constable position, effective May 4, 2018, and directing the Supervisor to commence removal of the employee from the Civil Service roster. The Town Supervisor is further directed to notify the employee of termination in writing and to request return of any and all Town equipment, uniforms, or other property belonging to the Town, at the Town’s expense.

• xx of 2018 – Amending Wage and Salary Schedule
Recommended resolution to amend Resolution #119 of 2018, amending Resolution #99 of 2018, amending Resolution #16 of 2018, amending the established 2018 Salary and Wage Schedule, as presented.
Impact to budget: $0

XIII. DISCUSSION
RESOLUTION
• xx of 2018 – Request to Utilize Town-Owned Parking for Pick-up/Drop-off
Recommended resolution allowing Wild Earth, a 501(c)3 based in High Falls, NY, to utilize the Town of Rochester Town Park parking lot OR Town parking lot in Accord as a pick-up and drop-off location at 9:15am and 3:15 pm for the period June 25-July 20, 2018 and July 30-August 10, 2018 on Monday, Tuesday, Thursday, and Friday of each week for a single bus for their summer program.

• Request for Bid – Abrasive Screened Sand
Bids from vendors for abrasive screened sand.

• Request for Quote from Vendor – Tree Trimming
Quotes from vendors to provide tree trimming services. Each option shall be a separate quote.
Option 1 – Bucket truck w/operator and groundman
Option 2 – Bucket truck w/operator, groundman, chip truck, chipper and stump grinder
Option 3 – Bucket truck w/operator, groundman, chip truck, chipper, stump grinder, and log truck

XIV. BOARD MEMBER TIME

XV. ADJOURNMENT