The Town Board held the Audit/Workshop Meeting on August 30, 2018 at the Town of Rochester Town Hall.
PRESENT:
Councilman Drabkin Councilwoman Fornino Councilwoman Haugen-Depuy
Supervisor Baden Attorney Christiana Deputy Town Clerk Ferrara
ABSENT:
Councilman Hewitt Town Clerk Gundberg
AUDIT OF THE BILLS:
The Town Board held the Audit for abstract 8 of 2018 at 6:00pm.
WORKSHOP MEETING:
The Workshop Meeting began at 7:10pm.
MOMENT OF SILENCE:
Supervisor Baden held a moment of silence for Senator McCain and former Town Clerk Veronica “ Ronnie” Sommer.
CALENDAR UPDATES
Sept. 6 Town Board meeting – Town Hall 7pm
Sept. 6 Public Hearing/Local Law #5/Chapter 132 – Town Hall 7pm
Sept. 27 Town Board Audit/Workshop meeting – Town Hall 6pm/7pm
PRESENTATION & REVIEW
Economic Enterprise Overlay District Review
The Town Board discussed applicant Alex Banner’s request for a zoning change in the Overlay District located on Lucas Avenue Turnpike SBL: 77.1-2-42.120 & 77.1-2-42-130. The proposed use is for woodworking shop and other small artisian crafts. There will be no physical change to the building and no land disturbance. There will be a continued use of the NY American Water Company, a Chiropractic office and on-line furniture business. The EEO fee application is $ 300.00 to the Town Board and $ 300.00 to the Planning Board for a site plan.
Councilwoman Haugen-Depuy expressed concerns of water usage and septic usage.
Supervisor Baden stated that Department of Health approval is required under the site plan so we will know if there is sufficient septic and the water use for the particular building.
Resolution # 267-2018:
A Motion was made by Supervisor Baden to set the application as an unlisted action.
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt Absent
ROLL CALL VOTE:
Councilman Drabkin aye
Councilwoman Haugen-Depuy aye
Councilwoman Fornino aye
Supervisor Baden aye 4-0 aye, Hewitt absent
DECLARING LEAD AGENCY:
Resolution # 268-2018:
A Motion was made by Supervisor Baden designating the Town Board Lead Agency with coordinated review with the Town of Rochester Planning Board, Ulster County Public Works and the Ulster County Board of Health and direct the Town Clerk to circulate notice of such.
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 4-0 aye, Hewitt absent
Motion carried
AMENDMENT TO RESOLUTION # 268-2018:
Resolution # 269-2018
A Motion was made by Supervisor Baden to amend resolution # 268-2018; to circulate notice with the intent to seek Lead Agency with coordinated review with the Town of Rochester Planning Board, Ulster County Public Works and the Ulster County Board of Health and direct the Town Clerk to circulate notice of such.
Second: Councilman Drabkin
ROLL CALL VOTE:
Councilman Drabkin aye
Councilwoman Haugen-Depuy aye
Councilwoman Fornino aye
Supervisor Baden aye 4-0 aye, Hewitt absent
Motion carried
SCHEDULE AND ADVERTISE FOR PUBLIC HEARING: EEO APPLICATION
Resolution # 270 -2018:
A Motion was made by Councilman Drabkin to set a public hearing for 9/27/2018 at 7:00pm at the Town of Rochester Town Hall, 50 Scenic Rd Accord, NY and direct the Town Clerk to post notice.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 4 nay: 0 abstain: 0 4-0aye, Hewitt absent
Motion carried
REFERRAL TO ULSTER COUNTY PLANNING BOARD:
Resolution # 271-2018:
A Motion was made by Councilman Drabkin to refer application to the Ulster County Planning Board, Town of Rochester Planning Board and the Accord Fire District for comments.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 4 nay: 0 abstain: 0 4-0aye, Hewitt absent
Motion carried
DISCUSSION
CLIFF ROAD OPEN DEVELOPMENT:
Supervisor Baden stated that he wanted to vote on this next week.
Cliff Road Open Development; the applicant applying for open development reached out to the Supervisor stating they heard the Highway Superintendent stated problems with the roadway being insufficient to the property. The applicant provided an e-mail dated March 2018 from the Town Code Enforcement Officer stating that he spoke verbally with the District Fire Chief and the Deputy Highway Superintendent stating the road is adequate to support another dwelling based on their perspective.
Councilwoman Haugen-Depuy stated that she wants to hear what Highway Superintendent Spano has to say regarding this issue.
Highway Superintendent Spano stated that he would like the Board members to go up to the site and take a personal observation before they vote. He gave his perspective as Highway Superintendent and stands behind the memo he wrote.
Councilwoman Fornino asked if there is a Road Maintenance Agreement?
Supervisor Baden stated no this road predates road maintenance agreements.
Attorney Christiana stated that the individuals on the road may have one, but the applicant in question will have to have one from the Town Road to the individual applicant’s driveway.
Supervisor Baden stated he will look at everyone deeds and bring the information back to the Board at the next meeting.
Councilman Drabkin stated the function of open development is to hold the Town harmless. As long as the Town is held harmless it’s not the Towns concern at all if the property is not accessible.
Supervisor Baden stated that if the Town Board approves open development the applicant is required to have a road maintenance agreement to the Town.
Supervisor Baden stated he will review the deeds and get back to the Board next week
DEJAGER LANE OFFER TO PURCHASE TOWN PROPERTY:
Supervisor Baden received a request from Elbert and Wilma De Jager for the purchase of abandoned property from the County to the Town in 1965. The property length is 18×250’ located on De Jager Lane. An offer of $ 500.00 was presented
Councilman Drabkin stated on the other side of this property in question is access to the Rail Trail but no parking. The Board should suggest a land swap with the resident and if it works out the land we acquire can be used for rail trail parking.
Supervisor Baden stated he would look into it and report back to the Board.
APPROVAL OF BILLS:
Resolution # 272-2018:
Councilwoman Fornino recused herself at 8:03pm.
A Motion was made by Councilman Drabkin to approve payment of voucher 5498 of Abstract 08-2018, General Fund, in the amount of $ 928.27.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 3 nay: 0 abstain: 0 motion carried
Hewitt absent
Fornino recused
Councilwoman Fornino joined back with the Board at 8:04pm.
Resolution # 273-2018:
A Motion was made by Councilwoman Haugen-Depuy to approve the remaining payment of abstract 08-2018 following;
General Fund Abstract $ 84, 764.20
Highway Fund Abstract $ 38, 410.01
Street Lighting Fund $ 367.94
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt Absent
ADVERTISE & SCHEDULE SPECIAL MEETING:
Resolution # 274-2018:
A Motion was made by Councilman Drabkin to schedule a special meeting to be held on September 6, 2018 at 6:30pm at the Town of Rochester Town Hall, 50 Scenic Road, Accord, NY for the purposes of interviews with candidates for the position of Secretary to the Highway Superintendent, and to direct the Town Clerk to post notice of such meeting.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt Absent
APPROVAL OF INTERFUND TRANSFER:
Resolution # 275-2018:
A Motion was made by Councilman Drabkin authorizing the Supervisor to initiate an interfund transfer from General Fund to Highway Fund in the amount of $7,924.00. Such record shall be credited to Highway Fund, 9730.7, Debt Service – BAN Interest and debited from General Fund, 9901, Interfund Transfer.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt Absent
HIGHWAY FUND EXPENDITURES:
Resolution # 276-2018:
A Motion was made by Councilwoman Haugen-Depuy authorizing the Supervisor to make expenditure from the Highway Fund the amount of $7,924.00, to be debited from 9730.7, Debt Service – BAN Interest.
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt Absent
Resolution # 277-2018:
A Motion was made by Council authorizing the Supervisor to make expenditure from the Highway Fund the amount of $32,000.00, to be debited from unallocated unreserved funds and recorded as budget code 9730, Bond Anticipation Notes.
Second:
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt Absent
6140 US ROUTE 209 COMMUNITY SOLAR DECOMMISSIONING BOND:
Resolution # 278-2018:
A Motion was made by Councilwoman Haugen-Depuy;
WHEREAS, Borrego Systems, LLC has received conditional planning board approval for a solar project on Town of Rochester land located at 6140 Route 209; and
WHEREAS, a condition of said property approval was that Borrego Systems, LLC provide a Decommissioning Bond, to the Town of Rochester; and
WHEREAS, the amount of decommissioning Bond had been reviewed and approved by the Planning Board Consultants, CPL; and
WHEREAS, Borrego Systems, LLC has presented the annexed form of bond which has been reviewed and approved by the Attorney for the Town;
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Rochester approves and accepts the Decommissioning Bond for the solar project at 6140 Route 209, as annexed.
Second: Councilwoman Fornino
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt Absent
6140 US ROUTE 209 COMMUNITY SOLAR LANDSCAPING BOND:
Resolution # 279-2018:
A Motion was made by Councilwoman Haugen-Depuy
WHEREAS, Borrego Systems, LLC has received conditional planning board approval for a solar project on Town of Rochester land located at 6140 Route 209; and
WHEREAS, a condition of said property approval was that Borrego Systems, LLC provide a Landscaping Bond, to the Town of Rochester; and
WHEREAS, the amount of Landscaping Bond had been reviewed and approved by the Planning Board Consultants, CPL; and
WHEREAS, Borrego Systems, LLC has presented the annexed form of bond which has been reviewed and approved by the Attorney for the Town;
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Rochester approves and accepts the Landscaping Bond for the solar project at 6140 Route 209, as annexed.
Second: Councilwoman Fornino
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Hewitt Absent
ADJOURNMENT
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:10pm.
Second: Councilwoman Fornino motion carried
Hewitt Absent
Respectfully Submitted,
Christina Ferrara
Deputy Town Clerk