Town Board Agenda – 6-7-2018

TOWN OF ROCHESTER TOWN BOARD
REGULAR MEETING
June 7, 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, pages 1-37 and 61-81, dated April 2, 2018 as addendums to the Town of Rochester Comprehensive Plan

REVIEW of SEQRA Part II – Resolution for Determination

RESOLUTION
Recommended resolution to close the public hearing.

III. PUBLIC HEARING – (Amended)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.

REVIEW of SEQRA Part II – Resolution for Determination

RESOLUTION
Recommended resolution to close the public hearing.

IV. RESOLUTION – ACTION ON MINUTES
(a) May 3, 2018 Regular Meeting
(b) May 3, 2018 Public Hearing – Comprehensive Plan
(c) May 3, 2018 Public Hearing – Local Law #3
(d) May 23, 2018 Special Meeting
(e) May 31, 2018 Audit/Workshop Meeting

V. SUPERVISOR’S REPORT

VI. ATTORNEY for the TOWN UPDATE

VII. LIAISON REPORTS

VIII. SUPERVISOR’S UPDATE

IX. CORRESPONDENCE REPORT

X. TOWN EVENT CALENDAR UPDATES
June 11 Planning Board Harold Lipton Community Ctr 7pm
June 14 Environmental Conservation Commission Town Hall 6pm
June 15 After-School Program Celebration Harold Lipton Community Ctr 2:30pm
June 18 Historic Preservation Commission Town Hall 2pm
June 19 Ulster County Legislature County Office Bldg, Kingston 7pm
June 20 Youth Commission Harold Lipton Community Ctr 9:30am
June 21 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
June 23 Driver’s Safety Class ($20AARP, $25) Harold Lipton Community Ctr 9am-4pm
June 25 Planning Board (if needed) Harold Lipton Community Ctr 6pm
June 28 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm

XI. INTERVIEW
Ethics Board vacancy

XII. PUBLIC COMMENT

XIII. RESOLUTIONS
a) Appointment to Ethics Board
Recommended resolution; appointing _______________ to the Board of Ethics for a term to end 12/31/2019.

b) Accepting Open Space Inventory report as a Town record
Recommended resolution; accepting the reports titled Open Space Inventory and Geospatial (KMZ) Data Catalog, dated January 2016, prepared for the Town by John Mickelson of Geospatial and Ecological Resources to be filed with the Town Clerk as a Town record.

c) Accepting Town of Rochester Natural Heritage Plan report as a Town record
Recommended resolution; accepting the report titled Town of Rochester Natural Heritage Plan; Created under the Rochester and Wawarsing Inter-municipal Open Space/Natural Heritage Planning Project, dated July 12, 2018, prepared for the Town by John Mickelson of Geospatial and Ecological Resources and David Church, AICP to be filed with the Town Clerk as a Town record.

d) Adopting the Open Space Inventory and Geospatial (KMZ) Data Catalog as Appendix 6 to the Town Comprehensive Plan
Recommended resolution; adopting the documents titled Open Space Inventory and Geospatial (KMZ) Data Catalog, dated January 2016, prepared for the Town by John Mickelson of Geospatial and Ecological Resources as Appendix 6 to the November 2006 Town of Rochester Comprehensive Plan.

e) Adopting pages 1-37 and 61-81 of the Natural Heritage Plan as Appendix 7 to the Town Comprehensive Plan
Recommended resolution; adopting pages 1-37 and 61-81 of the document titled Town of Rochester Natural Heritage Plan; Created under the Rochester and Wawarsing Inter-municipal Open Space/Natural Heritage Planning Project, dated July 12, 2018, prepared for the Town by John Mickelson of Geospatial and Ecological Resources and David Church, AICP as Appendix 7 to the November 2006 Town of Rochester Comprehensive Plan.

f) Adopting Local Law #3 of 2018, amending Town Code Chapter 140, Zoning
Recommended resolution; adopting Local Law #3 of 2018, establishing an Economic Enterprise Overlay (EEO) zoning district as presented amended to the Town Board dated May 31, 2018.
Local Law #3 of 2018 hereby amends Town of Rochester Town Code Chapter 140, Zoning; amended by LL#2 of 2014; amended by LL#2 of 2012; amended by LL#4 of 2009; amended by LL#7 of 2004; amended by LL#6 of 2004; amended by LL#2 of 2003; amended by LL#1 of 1999; amended by LL#1 of 1998; amended by LL#3 of 1993; amended by LL#2 of 1993; amended by LL#1 of 1993; amended by LL#4 of 1992; amended by LL#3 of 1992; amended by LL#3 of 1990; amended by LL#1 of 1989; amended by LL#3 of 1986; amended by LL#4 of 1984; adopted by LL#1 of 1983.

g) Authorizing the Supervisor to Sign Subdivision Plat of Town Property for Filing Purposes
Recommended resolution; authorizing the Town Supervisor to sign the subdivision plat prepared by PV Engineers, PC showing the 3-lot subdivision of Town of Rochester owned property located at 6140 Route 209, Kerhonkson, NY known as SBL 76.1-3-17. Lot 1 to be 34.084 ±acres, Lot 2 to be 13.849 ±acres, Lot 3 to be 19.223 ±acres. Upon signature, the Town Board authorizes Borrego Solar Systems to file such subdivision plat on behalf of the Town of Rochester with the Ulster County Clerk.

h) Authorizing the Supervisor to Sign Assignment and Assumption Agreement for Lease of Town Property
Recommended resolution; granting assignment and authorizing the Town Supervisor to sign the Assignment and Assumption Agreement by and between BORREGO SOLAR SYSTEMS, INC. a California corporation (“Assignor”), and OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company (“Assignee”). Assignor desires to assign to Assignee all of its rights and obligations under the agreement Option and Lease Agreement between Borrego Solar Systems, Inc. and Town of Rochester, dated July 10, 2017.

i) Authorizing the Supervisor to Sign a Site License Agreement for Construction Access to Town Property over Town Property
Recommended resolution; authorizing the Town Supervisor to sign the Site License Agreement by and between OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company (“Licensee”), and TOWN OF ROCHESTER, Ulster County, New York (“Licensor”), upon receipt of the signed Assignment and Assumption Agreement by and between BORREGO SOLAR SYSTEMS, INC. a California corporation (“Assignor”), and OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company (“Assignee”).
WHEREAS, Licensor and Licensee, as successor in interest to Borrego Solar Systems, Inc., entered into that certain Option and Lease Agreement dated as of July 10, 2017 (the “Lease”) with respect to certain land commonly known as Ulster County Tax ID 69.3-2-41.100 (the “Project Site”) that is located adjacent to the Premises, for the purpose of constructing, installing, owning, operating and maintaining a photovoltaic solar system (the “System”);

WHEREAS, the Project Site does not have direct access to a pubic road and Licensee requires access for purposes of construction;

WHEREAS, Licensee desires that Licensor grant to Licensee a license to access the Project Site for construction purposes.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements herein contained, and intending to be legally bound hereby, Licensee and Licensor hereby agree as presented

j) Award of Abrasive Screened Sand Bid
Recommended resolution; awarding Ellenville Sand and Gravel, 11 Spring St. Ellenville, NY the bid to supply abrasive screened sand, FOB sand bank, to the Town of Rochester at a rate of $4.79 per ton, with a conversion rate of 1.3 tons equalling 1 cubic yard. This price shall be valid until June 7, 2019.

k) Authorizing Use of Town Highways
Recommended resolution; authorizing the use of Town roadways by USA Cycling, Inc. on June 23 and June 24, 2018 for the charity bike ride event Ride for Mental Health upon presentation of a Certificate of Liability Insurance naming the Town of Rochester as an additional insured party.

l) Amendment of 2018 General Fund Budget – Budget Modification
Recommended resolution; amending the adopted 2018 General Fund budget, transferring $3,000 due to incorrect past practice of expenditure line
From line: A1220.4 Supervisor CE New total $11,480
To line: A1010.4 Town Board CE New total $3,500

m) Amendment of 2018 General Fund Budget – Budget Modification
Recommended resolution; amending the adopted 2018 General Fund budget, transferring $3,200 due to unbudgeted referendum election
From line: A1990.4 Contingency New total $16,800
To line: A1450.1 Election PS New total $3,200

n) Amendment of 2018 General Fund Budget – Budget Modification
Recommended resolution; amending the adopted 2018 General Fund budget, transferring $2,000 due to error in identification of expense line
From line: A1990.4 Contingency New total $14,800
To line: A1670.4 Central Print/Mail CS New total $2,000

o) Amendment of 2018 General Fund Budget – Budget Modification
Recommended resolution; amending the adopted 2018 General Fund budget, transferring $100 due to unplanned expense
From line: A1990.4 Contingency New total $14,700
To line: A6140.4 Social Services Home Relief CE New total $100

p) Amendment of 2018 General Fund Budget – Budget Modification
Recommended resolution; amending the adopted 2018 General Fund budget, transferring $300 due to under-budgeted expense line
From line: A1990.4 Contingency New total $14,400
To line: A7620.4 Adult Recreation CE New total $5,110

q) Amendment of 2018 Highway Fund Budget – Budget Modification
Recommended resolution; amending the adopted 2018 Highway Fund budget, transferring $25,000 due to large number of winter weather callouts and incorrect past practice of expenditure line
From line: DA5110.1 General Repairs PS New total $269,975
To line: DA5142.1 Snow Removal PS New total $171,754

r) Amendment of 2018 General Fund and Highway Fund Budgets
Interfund Transfer/Budget Modification
Recommended resolution; amending the adopted 2018 General Fund and Highway Fund Budgets, transferring $8,000 as an Interfund Transfer due to under-budgeting of expense of insurance
Interfund Transfer (expense)
From Line: A1990.4 Contingency New total $6,400
Interfund Transfer (revenue)
To line: DA1910.4 Unallocated Insurance CE New total $19,700

s) Setting a Date and Time for Public Hearing, Local Law #4 of 2018, Amending Zoning Map
Recommended resolution; setting a public hearing to be held on Thursday July 5, 2018 at 7:00pm at the Town of Rochester Town Hall 50 Scenic Road, Accord, NY. The purpose of the hearing is to hear comments on Local Law #4 of 2018, amending the zoning map of the Town of Rochester. The Town Clerk is directed to send referral notice and post notice as is required by law.

t) Authorization to Advertise a Request for Proposal (RFP) for Reconstruction of Town Park
Recommended resolution; authorizing the Supervisor and Town Clerk to advertise for the Town of Rochester to solicit proposals from qualified consultants to develop design and construction documents and to oversee construction project management for the revitalization and reconstruction of the Town of Rochester Town Hall Park. Sealed proposals to be received by 2:00 p.m., Monday, July 2, 2018 at the Town of Rochester Town Clerk office, located at 50 Scenic Rd. / PO Box 65, Accord, New York 12404, when they will be opened. A non-collusion form must be included. The Town Board has the right to reject any and all proposals. Award of the proposal is contingent on the Town receiving grant funding.

u) Authorization for Supervisor to Seek a BAN on Behalf of the Town
Recommended Resolution; TBD

v) Authorizing the Expenditure of Highway Moneys for General Repair
Recommended resolution; authorizing the expenditure of highway monies, contingent on receipt of a Bond Anticipation Note (BAN), for 2018 highway work schedule general repairs not to exceed the sum of $129,145.52 in accordance with Highway Law §284, as presented by the Highway Superintendent. The approved agreement shall be signed by a majority of the Town Board members, the Highway Superintendent, and the County Superintendent of Highways.

TOTAL not to exceed $129,145.52

1. Pugmill and Pave 2 inches not to exceed $9529.52
Mill Road
2. Single Chip Seal not to exceed $44,616.00
Mill Road, Holly Road, Schroon Hill Road, Dug Road, DeWitt Road, Sundale Road
3. Guard Rails not to exceed $10,000.00
Boice Mill Road, Upper Whitfield Road, Hill Top Terrace
4. Culverts not to exceed $10,000.00
5. Equipment Rentals not to exceed $20,000.00
6. Stone not to exceed $35,000.00

w) Authorizing the Expenditure of Highway Moneys for Equipment Purchases
Recommended resolution; authorizing the expenditure of highway monies, contingent on receipt of a Bond Anticipation Note (BAN), for 2018 large equipment purchases not to exceed the sum of $158,000, as presented by the Highway Superintendent, subject to the Town’s procurement policy

TOTAL not to exceed $158,000

1. Wood Chipper not to exceed $47,000
2. Ford F550 Mini Dump Truck not to exceed $73,000
3. Utility/Service Truck not to exceed $38,000
4. Leaf Vacuum not to exceed $34,000

XIV. DISCUSSION
a) Highway Truck Auction Bids Review
1. 1999 International Dump Truck (vin# 1HTGBADR1XH647013)
2. 1999 International Dump Truck (vin# 1HTGBADRXXH647012)

b) Chapter 140-37(J)(3) –Town Fee for registration of large scale solar energy production facilities

XV. BOARD MEMBER TIME

XVI. ADJOURNMENT