The Regular Town Board Meeting was held on August 2, 2018 at 7:50pm at the Town of Rochester Town Hall.
PRESENT:
Councilman Drabkin Councilwoman Haugen-Depuy Councilman Hewitt Supervisor Baden Town Clerk Gundberg Attorney Christiana
ABSENT:
Councilwoman Fornino
TOWN EVENT CALENDAR UPDATES
Aug. 9 Youth Commission Harold Lipton Community Ctr 9:30am
Aug. 9 Environmental Conservation Commission Town Hall 6pm
Aug, 9 Town Board Special Meeting Harold Lipton Community Ctr 6pm
Aug. 13 Planning Board Harold Lipton Community Ctr 7pm
Aug 16 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Aug. 20 Historic Preservation Commission Town Hall 2pm
Aug. 21Ulster County Legislature County Office Bldg., Kingston 7pm
Aug. 27Planning Board (if needed) Harold Lipton Community Ctr 6pm
Aug. 30Town Board Audit/Workshop Meeting Town Hall 6pm/7pm
APPROVAL OF MINUTES:
Resolution # 231-2018:
A Motion was made by Councilwoman Haugen-Depuy to approve the following minutes:
June 28, 2018 Audit/Workshop Meeting
July 5, 2018 Public Hearing – Local Law #4
July 5, 2018 Regular Meeting
July 26, 2018 Audit Meeting
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
SUPERVISOR’S REPORT filed with the Town Clerk
ATTORNEY for the TOWN UPDATE
Attorney Christiana stated she has been working with Borrego Solar and on Planning Board applications.
LIAISON REPORTS
Councilwoman Haugen-Depuy: Planning/ Zoning Board: July $892.38 was collected. Building Dept: July: $ 5,766.70 was collected.
Supervisor Baden: the summer program is in its 4th week and has been an incredible success!
CORRESPONDENCE REPORT
NYS has the Town or Rochester listed as having a 93.5% equalization rate showing properties being undervalued by 6.5%.
The BAN has been finalized for the Highway Department
DEC sent letter in regards to the Roadway at the Transfer Station
RESIGNATIONS:
Three resignations were received in July:
James Roebuck for the position of HMEO,
Fallon Wynkoop for the position of Highway Secretary
Cassandra Woinoski for the position of Summer Counselor/ Youth Assistant
SUPERVISOR’S UPDATE:
CAMP RAV TOV:
Supervisor Baden stated he is in contact with the Department of Health and DEC daily regarding Camp Rav Tov. The camp was cited for a septic issue. Thank you to our constables for patrolling regarding the traffic.
VAN TINE ROAD:
There is an on-going investigation regarding the dumping of contaminated fill on Van Tine Rd in Kerhonkson. This is a state-wide investigation and a large indictment was issued. The Town of Rochester is now working with Suffolk County District Attorney on fines.
PUBLIC COMMENT:
Bob Connelly of Cherrytown Road stated that traffic situations have improved. The buses are better but there are still issues regarding the garbage and noise. The Department of Health is checking on the septic system on a daily basis. Last week with all the rain you could actually see the sewage running down the road. Thank you to the Constabulary for patrolling the roads.
Another resident asked about the Town adopting a noise ordinance.
Supervisor Baden stated that it is difficult to enforce a noise ordinance.
Councilwoman Haugen-Depuy asked whether a camp can have a noise ordinance or if the Town can require quiet time hours in a camp.
NEW/ OLD BUSINESS:
ADOPTION OF LOCAL LAW # 4-2018: AMENDING THE ZONING MAP:
Resolution # 232-2018:
A Motion was made by Councilman Drabkin to adopt Local Law # 4-2018: amending the zoning map for the Town of Rochester.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
Section 1.
The Zoning Map for the Town of Rochester shall be amended to reflect that the property contained in Ulster County tax Map Known as SBL: 76.1-2-32.110, 5982 Route 209, Kerhonkson, New York and located in the Residential Agricultural (AR-3) zoning district shall be divided to indicate a portion of the parcel shall be rezoned to be located in the Business (B) zoning district, and
Such zoning district boundary line shall further be a continuation of the boundary and (B) zoning district line of the contiguous parcel known as SBL: 76.1-2-32.200, 5990 Route 209 Kerhonkson, NY, and
The remainder of the parcel shall remain, as existing zoned, in the (AR-3) Zoning district.
Section 2.
The Zoning Map of the Town of Rochester shall be amended to reflect that the properties contained in Ulster County Tax Map known as SBL: 68.4-4-22.111, 68.4-4-22.112, 68.4-4-22.113, 68.4-4-22.114, 68.4-4-22.115, 77 Mill Hook Road, Accord, New York and located in both the Residential 2 ( R-2) and Residential Agricultural ( AR-3) zoning districts, and
Having been authorized to be combined as one parcel via lot improvement certified by the planning Board with decision OB 2018-02 LLI, dated May 14, 2018, and
Having been one parcel prior to subdivision by a previous owner,
Therefore, shall be rezoned to be located entirely in the Residential Agricultural ( AR-3) zoning district.
Section 3.
If any part or provision of this local law is judged invalid by any court of competent jurisdiction, such judgement shall be confined in application to the part or provision directly on which judgement shall have been rendered and shall not affect or impair the validity of the remainder of this law or the application thereof to other persons or circumstances. The Town hereby declares that it would have enacted the remainder of this law even without such part or provision or application.
Section 4. Effective Date
This Local Law shall become effective immediately upon the filing in the office of the New York Secretary of State pursuant to Section 27 of the Municipal Home Rule Law.
DISCUSSION:
OPEN DEVELOPMENT ON 61 CLIFF ROAD 68.2-2-12:
Supervisor Baden sent notice to the Town of Rochester Planning Board, the Town Highway Superintendent and Accord Fire Chief to review an application on open development located near the vicinity of 61 Cliff Road Accord, New York.
Responses by the Town Planning Board and Highway Superintendent were received.
Town Planning Board Chair sent notice stating the Town Planning Board has no comment and defers responsibility back to the Town regarding an open development area for parcel 61 Cliff Road Accord, New York 12404 68.2-2-12.
Highway Superintendent Spano sent notice stating the vicinity in question is insufficient to allow for safe and suitable ingress and egress during an emergency incident due to its current condition.
2 residents living on Cliff Road expressed concerns with approving this application. A road maintenance agreement has no teeth to it and it was highly recommended the applicant bring the road up to Town Code otherwise this can be dangerous and costly to the residents that already reside there.
Supervisor Baden stated based on the Highway Superintendents application he would be willing to make a motion to deny the application.
Councilman Drabkin asked the Board wait until Council reviews the law.
The Board tabled to discussion until the September meeting.
NYS MINI-BID CONTRACT 18070081:
Resolution # 233-2018:
A Motion was made by Councilman Drabkin to reject all bids received.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
BUILT TO SPECIFICATIONS OFFERED BY CONTRACTORS:
1. Van Bortel Ford, Inc $ 25,687.39 2019 Ford f-250 XL
2. GENESSE VALLEY FORD $ 25, 828.00 2019 Ford F-250 Regular cab XL
3. John Vance Motors, Inc. $ 25,841.44 2019 Ford F-250 Reg. Cab
PRE-EXISTING INVENTORY OF VEHICLES OFFERED BY CONTRACTORS:
1. Carmody Ford Inc. $ 27,576.00 2018 FordF-250 RC XL
TOWN PARK PERMIT:
The Board discussed the idea of increasing the permit for the park fee for large groups. The Board received a current copy of the application and will discuss the topic at the next Board meeting.
TOWN BOARD MEETING PROCEDURES:
The Board agreed resolutions that require no discussion will be voted on by the content of the board with block motions.
A Motion was made by Councilman Hewitt by the consent of the Board to approve resolutions
# 234-240 of 2018
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
APPROVAL OF BILLS:
Approval of Highway Fund, Abstract #7 of 2018, voucher 5435
Resolution #234 -2018:
Approval of payment of Highway Fund Abstract #7 of 2018, voucher 5435, payable to A&M Hardware in the amount of $98.74, as audited by the Town Board.
Approval of Abstract #7 of 2018
Resolution # 235 -2018:
Approval of payment of the balance of Abstract #7 of 2018, as audited by the Town Board
General Fund $ 42,020.01
Highway Fund $ 36,985.49
Street Lighting Fund $ 370.78
ACCEPTING DONATION:
Resolution # 236-2018:
Accept a donation of $1000 from Mohonk Preserve, Inc. as a community benefit payment to be deposited into the Town Parkland Savings Account.
AMENDMENT OF 2018 HIGHWAY FUND BUDGET – BUDGET MODIFICATION:
Resolution #237 -2018:
Approval for amendment to the adopted 2018 Highway Fund budget, creating new revenue account DA5730.4, Bond Anticipation Notes, crediting DA5730.4 in the amount of $311,165.00.
Resolution # 238-2018:
Approval for Amendment to the adopted 2018 Highway Fund budget, crediting appropriation account DA5110.4, General Repairs CE, in the amount of $110,630,00 to new total $246,630.00.
Resolution # 239 -2018:
Approval for amendment to the adopted 2018 Highway Fund budget, crediting appropriation account DA5140.2, Misc. Equipment EQ, in the amount of $200,535.00 to new total $405,535.00
Resolution # 240-2018:
Approval an amendment to the adopted 2018 General Fund budget, debiting appropriation account A1990.4, Contingency, in the amount of $200.00 to new total $6200.00 and crediting appropriation account A1220.2, Supervisor EQ in the amount of $200.00 to new total $700.00.
AMENDMENT OF 2018 GENERAL FUND BUDGET- BUDGET MODIFICATION:
Resolution # 241-2018:
A Motion was made by Councilwoman Haugen-Depuy to approve an amendment to the adopted 2018 General Fund budget, debiting appropriation account A1990.4, Contingency, in the amount of $3000.00 to new total $3200.00 and crediting appropriation account A1220.4, Supervisor CE in the amount of $3000.00 to new total $14,480.00
Second: Councilman Hewitt
Discussion: Councilwoman Haugen-Depuy asked why this was being done.
Supervisor Baden stated that the Supervisor’s contractual was over budget by $ 1650.00 in July so about double should get through the remainder of the year.
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
A Motion was made by Councilwoman Haugen-Depuy by the consent of the Board to approve resolutions # 242-243 of 2018;
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
AMENDMENT OF 2018 GENERAL FUND BUDGET- BUDGET MODIFICATION:
Resolution#242- 2018:
Amendment to the adopted 2018 General Fund budget, debiting appropriation account A73104.4, Youth Programs CE, in the amount of $500.00 to new total $30,165.00 and crediting appropriation account A7620.4, Adult Rec CE in the amount of $500.00 to new total $5610.00
TOWN POLICY REGARDING VOUCHERS:
Resolution #243 -2018:
The Town of Rochester Town Board establishes a policy that all vouchers and invoices to be considered at the monthly audit meeting must be received by the Friday preceding the last Thursday of each month, except by authorization of the Town Supervisor or the Highway Superintendent for Highway Fund expenditures.
AUTHORIZING THE SUPERVISOR TO SIGN ASSIGNMENT AGREEMENT FOR LEASE OF TOWN PROPERTY -6140 ROUTE 209:
Resolution # 244-2018:
A Motion was made by Councilwoman Haugen-Depuy granting assignment and authorizes the Town Supervisor to sign the Assignment Agreement, as presented, upon advice and consent of the Attorney for the Town, by and between BORREGO SOLAR SYSTEMS, INC. (“Assignor”), and 6140 ROUTE 209 – NORTH, LLC (“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 June 14, 2017.
Second: Councilman Hewitt
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
THIS ASSIGNMENT AGREEMENT (“Agreement”) is made effective as of August 2, 2018 (“Effective Date”), by and between BORREGO SOLAR SYSTEMS, INC. (“Assignor”), 6140 ROUTE 209 – NORTH, LLC (“Assignee”), and the TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK (the “Town”), each a “Party” and collectively the “Parties”. Recitals
Assignor and the Town entered into that certain Memorandum of Commitment effective as of June 14, 2017 (the “Document”); and
Assignor desires to assign, convey and transfer to Assignee all of its right, title and interest in and to the Document.
NOW, THEREFORE, in consideration of the covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
TRANSFER AND ASSIGNMENT OF DOCUMENT. Assignor does hereby irrevocably convey, grant, bargain, sell, transfer, assign and deliver to Assignee, its successors and assigns, and Assignee does hereby accept from Assignor, effective as of the Effective Date, all of its rights, title and interests in and to the Document, and Assignor hereby delegate to Assignee, and Assignee hereby assumes from Assignor, all of its duties and obligations under the Document. By virtue of this Agreement, Assignor has transferred all of its right, title, and privileges under the Document and is hereby released from its obligations set forth therein arising from and after the Effective Date.
TOWN CONSENT. The Town hereby consents to the assignment of the Document contained herein on the terms and conditions set forth herein.
FURTHER ASSURANCES. Each Party hereto agrees from time to time, subsequent to the date hereof, to execute and deliver or cause to be executed and delivered such instruments or further assurances as may, in the reasonable opinion of both parties, be necessary or desirable to give effect to the provisions of this Agreement.
GOVERNING LAW. This Agreement is governed by the laws of the State of New York, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing this Agreement.
COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed by facsimile or other electronic signatures and such signatures shall be deemed to bind each signatory as if they were original signatures.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of each Party.
WAIVERS AND MODIFICATIONS. Neither this Agreement nor any term hereof may be amended, changed, waived, discharged or terminated other than by an instrument in writing, signed by an authorized signatory of each Party.
AUTHORIZING THE SUPERVISOR TO SIGN THE FIRST AMENDMENT OF LEASE ABD ASSIGNMENT AGREEMENT- 6140 ROUTE 209:
Resolution # 245-2018:
A Motion was made by Councilman Hewitt authorizing the Town Supervisor to sign the First Amendment of Lease and Assignment Agreement (“Agreement”), as presented, upon advice and consent of the Attorney for the Town, by and between BORREGO SOLAR SYSTEMS, INC. (“Assignor”), 6140 ROUTE 209 – NORTH, LLC (“Assignee/Lessee”), and the TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK (the “Lessor”), each a “Party” and collectively the “Parties”, upon receipt of the signed Assignment and Assumption Agreement by and between BORREGO SOLAR SYSTEMS, INC. (“Assignor”), 6140 ROUTE 209 – NORTH, LLC (“Assignee/Lessee”), and the TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK (the “Lessor”).
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
THIS FIRST AMENDMENT OF LEASE AND ASSIGNMENT AGREEMENT (“Agreement”) is made effective as of August 2 2018 (“Effective Date”), by and between BORREGO SOLAR SYSTEMS, INC. (“Assignor”), 6140 ROUTE 209 – NORTH, LLC (“Assignee/Lessee”), and the TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK (the “Lessor”), each a “Party” and collectively the “Parties”.
Recitals
Assignor and Lessor entered into that certain Option and Lease Agreement dated June 14, 2017 with respect to the property commonly known as 6140 Route 209, Rochester, New York, 12446 (the “Lease”); and
For the purposes of furthering project development, Assignor desires to assign, convey and transfer to Assignee/Lessee all of its right, title, and interest in and to the Lease (the “Assignment”)
Lessor desires to consent to the Assignment in accordance with the terms set forth in this Agreement.
The parties desire to amend the terms and provisions of the Lease in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
DEFINITIONS. All capitalized terms used but not defined herein shall have the meaning ascribed to them in the Lease.
RECITAL A. The words “Exhibit A (the “Property”)” in Recital A are hereby deleted and replaced with the words “Exhibit B (the “Property”)”.
RECITAL B. The following words are added to the end of Recital B and the paragraph that follows it:
“attributes created as a result of such energy generation.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements herein”
REPRESENTATIONS. The following language is added to Section 13(e) of the Lease and the paragraph that follows it:
“causing damage, impairment or otherwise adversely affecting the System.”
(f) Non-Disturbance Agreements. Lessor shall cooperate with Lessee to, obtain a non-”
REMEDIES. The following language is added to Section 22(b) and the paragraph that follows is:
“that may be available to the Non-Defaulting Party at law or in equity.
23. Notices. All notices under this Agreement shall be made in writing to the Addresses and Persons” PREMISES. Pursuant to the terms of Section 4(c) of the Lease, the parties hereby amend the description of the Premises by replacing Exhibit A of the Lease with the description of the Premises and the depiction of the Premises as set forth on Schedule 1 attached hereto. The parties agree that this amendment maintains the size of the Premises. The words “Exhibit B” in Section of 4(c) of the Lease are hereby replaced with “Exhibit A”.
TRANSFER AND ASSIGNMENT OF LEASE.
Transfer and Assignment. Assignor does hereby irrevocably convey, grant, bargain, sell, transfer, assign and deliver to Assignee/Lessee, its successors and assigns, and Assignee/Lessee does hereby accept from Assignor, effective as of the Effective Date, all of its rights, title and interest in and to the Lease and Assignor hereby delegates to Assignee/Lessee, and Assignee/Lessee hereby assumes from Assignor, all of the duties and obligations under the Lease. By virtue of the Assignment, Assignor has transferred all of its right, title, interest, and privileges under the Lease and is hereby released from its obligations set forth therein arising from and after the Effective Date.
Landlord Consent. The Town hereby consents to the Assignment of the Lease contained herein on the terms and conditions set forth herein.
FURTHER ASSURANCES. Each Party hereto agrees from time to time, subsequent to the date hereof, to execute and deliver or cause to be executed and delivered such instruments or further assurances as may, in the reasonable opinion of the other party, be necessary or desirable to give effect to the provisions of this Agreement.
GOVERNING LAW. This Agreement is governed by the laws of the State of New York, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing this Agreement.
COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed by facsimile or other electronic signatures and such signatures shall be deemed to bind each signatory as if they were original signatures.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of each Party.
WAIVERS AND MODIFICATIONS. Neither this Agreement nor any term hereof may be amended, changed, waived, discharged or terminated other than by an instrument in writing, signed by an authorized signatory of each Party. Except as modified hereby, all terms and conditions of the Lease shall remain unmodified and in full force and effect.
AUTHORIZING THE SUPERVISOR TO SIGN THE AGREEMENT FOR SNOWPLOWING AND SNOW REMOVAL-6140 ROUTE 209:
Resolution # 246-2018:
A Motion was made by Councilwoman Haugen-Depuy authorizing the Town Supervisor to sign the Agreement for Snowplowing and Snow Removal, as presented, upon advice and consent of the Attorney for the Town, by and between the Town of Rochester (the “Town”), a municipal corporation duly organized and existing under the laws of the State of New York and having its offices at Town of Rochester Town Hall, 50 Scenic Road, Accord, New York 12404 and 6140 Route 209 – North, LLC (“North LLC), with its principal place of business located at 360 22nd St., Suite 600, Oakland, CA 94612.
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
AGREEMENT FOR SNOWPLOWING AND SNOW REMOVAL
This Agreement for Snowplowing and Snow Removal (this “Agreement”) dated as of August 2, 2018 by and between the Town of Rochester (the “Town”), a municipal corporation duly organized and existing under the laws of the State of New York and having its offices at Town of Rochester Town Hall, 50 Scenic Road, Accord, New York 12404 and 6140 Route 209 – North, LLC (“North LLC) with its principal place of business located at 360 22nd St., Suite 600, Oakland, CA 94612. The Town and North LLC may sometimes be referred to herein, individually, as a “party” and, collectively, as the “parties.”
WHEREAS, North LLC leases a portion of certain real property from the Town, located at 6140 Route 209 in the Town of Rochester, New York (the “Property”) for the purpose of constructing and maintaining a solar energy generating facility (the “Project”) pursuant to a lease agreement entered into by Borrego Solar Systems, Inc. and the Town as of June 14, 2017, as assigned to North LLC, and as amended from time to time (the “Lease”); and
WHEREAS, pursuant to the Lease, the Town granted to North LLC a non-exclusive easement adjacent to the Property for the use of an access road among other rights (the “Access Road”) for the construction, operation, and maintenance of the Project. The Access Road is more fully described in Exhibit A attached hereto; and
WHEREAS, the Town and North LLC desire to set forth the responsibility for snowplowing and snow removal as set forth herein;
NOW THEREFORE, in consideration of the mutual promises herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and North LLC agree as follows:
Term. The term shall commence upon signing of the document by all parties. This Agreement shall terminate upon the termination of the Lease.
Snowplowing and Snow Removal. As the Access Road is located on Town land, adjacent to the Property from which the Town derives revenue from lease payments from North LLC, the Town shall be responsible for snowplowing of and snow removal from the Access Road.
Indemnification. Each party shall indemnify, defend and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other party, or its employees, contractors or agents.
Waiver. The failure of any party to insist on the strict performance of any term or provision hereof will not be deemed a waiver of the right to insist on strict performance of any other term or provision, nor will it be deemed a waiver of any subsequent breach.
Applicable Law and Venue. This Agreement will be governed by the laws of the State of New York. Venue for any dispute arising under this Agreement shall be solely in the New York State Supreme Court for the County of Ulster.
Authority.
The Town represents and warrants that its Town Supervisor has executed this Agreement pursuant to a resolution adopted by the Town Board of the Town, at a meeting thereof held contemporaneously with the execution hereof, and that the Town Supervisor, whose signature appears thereafter, is both duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of the Town. This instrument will be executed in at least triplicate and at least one copy thereof will be permanently filed, after execution thereof, in the office of the Town Clerk, Town of Rochester, New York.
North LLC represents and warrants that its signatory, whose signature appears hereafter, is both duly authorized and empowered to execute this instrument and enter into such an agreement on North LLC’s behalf.
Amendment. No amendment, modification or alteration of the terms or provisions of this Agreement shall be binding unless the same shall be in a writing that specifically references this Agreement and that is duly executed by the parties.
Counterparts. This Agreement may be executed in any number of counterparts each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.
AUTHORIZING THE SUPERVISOR TO SIGN THE MEMORANDUM OF OPTION AND LEASE- 6140 ROUTE 209:
Resolution # 247 -2018:
A Motion was made by Councilman Drabkin authorizing the Town Supervisor to sign the Memorandum of Option and Lease, as presented, upon advice and consent of the Attorney for the Town, 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 6140 ROUTE 209 – NORTH, LLC, a Delaware limited liability company, having an address of 360 22nd Street, Suite 600, Oakland, CA 94612 (“Lessee”).
Second: Councilman Hewitt
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
MEMORANDUM OF OPTION AND LEASE
THIS MEMORANDUM OF OPTION AND LEASE made as of August 2, 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 6140 ROUTE 209 – NORTH, LLC, a Delaware limited liability company, having an address of 360 22nd Street, Suite 600, Oakland, CA 94612 (“Lessee”).
1. Lessor and Lessee are parties to that certain Option and Lease Agreement (the “Lease”) dated June 14, 2017 (the “Effective Date”) and amended on ______, 2018, covering a portion of that certain parcel of land and the improvements thereon identified in the deed dated July 9, 1995 and recorded in the Official Records of Ulster County at Book 2522 of Deeds, Page 33 in the Town of Rochester, County of Ulster, State of New York commonly known as 6140 Route 209, Rochester, New York (the “Property”).
2. Lessor’s address, as set forth in the Lease, is Rochester Town Hall, 50 Scenic Road, P.O. Box 65, Accord, NY 12404.
3. Lessee’s address, as set forth in the Lease, is 360 22nd Street, Suite 600, Oakland, CA 94612.
4. Under the Lease, Lessee has the option to lease a portion of the Property and acquire the easements over a portion of the Property as described in Schedule A annexed hereto (the “Premises”) which option includes an initial option term of five hundred forty (540) days after the Effective Date. The option term may be extended for up to two (2) additional periods of three hundred sixty five (365) days each.
5. The initial lease term is twenty (20) years from the Commercial Operation Date. The Lessee has the right to extend the lease term for up to four (4) additional successive periods of five (5) years each. The maximum term of the Agreement, including renewal rights, does not exceed 40 years.
6. All of the terms, covenants and conditions of the Lease are incorporated herein and made a part hereof. The purpose of this Memorandum is to give notice of the existence of the tenancy created by the Lease; and shall not be construed to vary or otherwise affect the rights or obligations of the parties under the Lease as it may be amended.
IN WITNESS WHEREOF, the parties have duly executed this Memorandum of Option and Lease as of the date first above written.
A Motion was made by Councilman Drabkin by the consent of the Board to approve resolutions # 248-250 of 2018;
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
ESTABLISHMENT OF FEE FOR ECONOMIC ENTERPRISE OVERLAY ( EEO) ZONING District Review, ( LOCAL LAW # 3-2018):
Resolution # 248 -2018:
The Town Board hereby establishes a fee of $300, to be paid at the time of application to the Town Board for Economic Enterprise Overlay zone review, and $300 additional to be paid at the time of Town Board approval and application to the Planning Board for Site Plan Review. Additionally, such other fees as described in Chapter 140 of the Town of Rochester Town Code, specifically, § 140-63 Fees will be assessed for reimbursement to the Town of Rochester as audited by the Town Board.
AMENDMENT OF TOWN OF ROCHESTER APPROVED ELECTRICAL LIST:
Resolution # 249-2018:
Effective immediately, upon advice and consent of the Town of Rochester Code Enforcement Officer, the Town of Rochester Town Board amends the Approved Electrical Inspector list to add Chris Peone, CP Certified Electrical Inspector, and to remove New York Certified Electrical Inspectors, LLC and Tri-State Inspection Agency, Inc. and directs the Town Supervisor to file such list with the Town Clerk.
RESCINDING RESOLUTION # 120 OF 210 WAIVING INSTALLATION FEES FOR OUTSIDE WOODSTOVES:
Resolution # 250-2018:
Effective immediately, upon advice of the Town of Rochester Code Enforcement Officer, the Town of Rochester hereby rescinds resolution #120 of 2010, that the Town waive the fee on installation of outside woodstoves and establishes a Building Department Fee of $75 per application.
RESCINDING RESOLUTION # 113-2018, WAIVING INSTALLATION FEES FOR INSIDE PELLET/ WOODSTOVES:
Resolution #251 -2018:
A Motion was made by Councilman Drabkin effective immediately, upon advice of the Town of Rochester Code Enforcement Officer, the Town of Rochester hereby rescinds resolution #113 of 2008, that the Town waive the fee on installation of inside wood/pellet stoves, effective 8/8/08 to 4/30/09, and establishes a Building Department Fee of $75 per application.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
APPOINTMENT TO HISTORIC PRESERVATION COMMISSION:
Resolution # 252 -2018:
Appointing Jens Verhaegh to serve as a member of the Historic Preservation Commission for a term ending December 31, 2020 and directs the Town Clerk to notify Mr. Verhaegh of his responsibility of Oath of Office.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
ESTABLISHMENT OF A PROBATIONARY PERIOD POLICY FOR THE EMPLOYMENT OF TOWN CONSTABLE ( PT)
Resolution # 253-2018:
A Motion was made by Councilman Hewitt effective immediately, it shall be Town of Rochester Town Board policy all persons appointed to employment in the position of Town Constable (PT) by the Town Board shall be appointed on a 520-hr. probationary basis, pursuant to the Policy and Patrol Guide as approved by the Town of Rochester. Such appointment shall be 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. Upon achieving 520 hours of service, and upon satisfactory Town Board review of the probationary candidate, the Town Board shall increase the rate of pay to $12 per hour, or such rate as may be established by resolution for the Wage and Salary schedule as may be amended from time to time by the Town Board.
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
A Motion was made by Councilman Hewitt by the consent of the Board to approve resolutions # 254-255 of 2018;
Second: Councilman Drabkin
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
AMENDMENT OF THE WAGE AND SALARY SCHEDULE:
Resolution #254-2018:
to amend the Wage and Salary Schedule, as adopted pursuant to resolution #16 of 2018 and amended with resolutions #99 of 2018, #119 of 2018, #162 of 2018, and #224 of 2018 establishing a rate of pay of $12 per hour for Town Constables (PT) Michael Correale and Jose Velasco, effective August 1, 2018.
AUTHORIZATION FOR THE SUPERVISOR TO ISSUE RETROACTIVE PAYROLL:
Resolution # 255-2018:
Authorizing the Supervisor to investigate and determine the date(s) Michael Correale and Jose Velasco achieved 520 hours of employment as Town Constable (PT) and to issue retroactive payment to increase compensation to those employees to $12 per hour effective such date of 520-hour achievement.
APPOINTMENT OF COUNSELOR (PT) SUMMER AND AMENDMENT OF THE WAGE AND SALARY SCHEDULE:
Resolution # 256 -2018:
A Motion was made by Councilman Drabkin Appointing Tyler Miedema to the position to Counselor (PT) Summer, filling a vacancy at a rate of pay of $11.22 per hour, effective August 1, 2018, and authorizing the Supervisor to amend the Wage and Salary Schedule, as adopted pursuant to resolution #16 of 2018 and amended with resolutions #99 of 2018, #119 of 2018, #162 of 2018, and #224 of 2018.
Second: Councilman Hewitt
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
AMENDMENT OF RESOLUTION 219-2018 AUTHORIZING HIGHWAY SUPERINTENDENT TO EXECUTE A CONTRACT:
Resolution # 257-2018:
A Motion was made by Councilman Drabkin upon recommendation of the Highway Superintendent, The Town Board amends resolution #219 of 2018, authorizing the Superintendent of Highways to execute a contract, as presented, with Peckham Materials, 2 Union Street Extension, Athens, NY 12015 to reflect the revised quote of $60,926.00 due to an increase in oil prices. The quote includes equipment rentals and is based on the Dutchess and Ulster County bids.
Second: Councilman Hewitt
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
A Motion was made by Councilman Drabkin by consent of the Board approve Resolutions
# 258-261 of 2018:
AUTHORIZING HIGHWAY SUPERINTENDENT TO EXECUTE A CONTRACT:
Resolution # 258-2018:
Authorizing the Superintendent of Highways to execute a contract, for the purchase of a leaf vacuum in the amount of $34,201.13 from Old Dominion Brush Company, 5118 Glen Alden Drive, Richmond, VA 23231, as presented. The purchase price is based on the Sourcewell (formerly NJPA) Cooperative Contract.
AUTHORIZING HIGHWAY SUPERINTENDENT TO EXECUTE A CONTRACT:
Resolution # 259-2018:
Authorizing the Superintendent of Highways to execute a contract, for the purchase of a woodchipper in the amount of $52,235.72 from Westchester Tractor, 60 International Blvd, Brewster, NY 10509, as presented. The purchase price is based on the Sourcewell (formerly NJPA) Cooperative Contract.
ACCEPTANCE OF NYS MINI-BID CONTRACT # 18060058 AND AUTHORIZING THE HIGHWAY SUPERINTENDENT TO EXECUTE A CONTRACT:
Resolution # 260 -2018:
Authorizing the Superintendent of Highways to execute a contract, for the purchase of a Dodge 2500 Utility/Service Truck in the amount of $34,997.60 from Genesee Valley Dodge Jeep, 1695 Interstate Drive, Avon, NY 14414, as presented. The purchase price is based on the lowest bidder for NYS Mini-bid Contract #18060058
BUILT TO SPECIFICATIONS OFFERED BY CONTRACTORS:
1. Genesee Valley Motors Inc. $ 34,997.60 2018 Ram 2500 tradesman
2. Central Dodge Inc. $ 37,523.64 2018 Ram 2500 tradesman reg. cab
PRE-EXISTING INVENTORY VEHICLES:
1. Central Dodge Inc. $ 39,469.16
2. Joe Basil Chevrolet Inc $ 39,778.32
Resolution # 261 -2018:
Acceptance of NYS Mini-bid #T18060021 and Authorizing the Highway Superintendent to Execute a Contract
Town Board authorizes the Superintendent of Highways to execute a contract, for the purchase of a Ford F550 Mini-Dump in the amount of $68,227.00 from Genesee Valley/Fleet & Gov’t, 1675 Interstate Drive, Avon, NY 14414, as presented. The purchase price is based on the lowest bidder which has met the required specifications for NYS Mini-bid Contract #T18060021 Second: Councilman Hewitt
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
BIDS RECEIVED:
1. Carmody Ford Inc. $ 58,186.00
2. Beyer Ford LLC $ 64,953.93
3. Van Bortel Ford $ 67,120.04
4. Genesee Valley Ford $ 68,227.00
AUTHORIZATION FOR THE SUPERVISOR TO CONVEY TOWN-OWNED LAND:
Resolution # 262-2018:
A Motion was made by Councilman Drabkin;
Whereas; the Town Board has received request dated October 19, 2018 by William and Lynn Wells to convey property adjacent to their home, located at 20 DeJager Lane,
SBL 77.1-2-33.113; and
Whereas; upon investigation, the Town Board received correspondence and records from Ulster County Real Property on February 14, 2018 indicating such property ownership was transferred to the Town of Rochester by resolution #16 of 1965 by the Board of Supervisors of Ulster County “to become a part of the Town Highway system where maintenance by the Township is required or disposal of to the adjacent property owners as prescribed by Law where they are no longer necessary for public use and travel; and
Whereas; such parcel has been determined to contain approximately ±0.25 acres of land; and
Whereas; such property has been deemed unusable by the Highway Superintendent and has been unused for a significant period of time; and
Whereas; William and Lynn Wells have made offer of $400.00 payment to the Town of Rochester in return for conveyance of such parcel on May 3, 2018; and
Whereas, pursuant to Town Law (TWN) § 64, General Powers of Town Boards, a Town Board may, upon the adoption of a resolution, convey or lease real property in the name of the town, which resolution shall be subject to permissive referendum; and
Therefore; be it resolved; the Town Board accepts such offer of payment of $400 for the property as described in resolution #16 of 1965, Lucas Turnpike, Abandonment Map #5, and agrees to convey said property via quitclaim deed to William and Lynn Wells, subject to permissive referendum; and
Further; directs the Town of Rochester Town Clerk to advertise the conveyance of property for permissive referendum opportunity; and
Further; William and Lynn Wells shall be required to bear any and all costs for the advertisement of permissive referendum, survey, transfer, filing of such real property conveyance, and any other transfer of property fees, including any Attorney for the Town fees, and
Further; Such land is conveyed with the understanding William and Lynn Wells shall join said property with their adjacent owned land located at 20 DeJager Lane, SBL 77.1-2-33.113;
by Lot improvement the Town Board waives the Planning Board fee.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 4 nay: 0 abstain: 0 motion carried
Fornino absent
Councilman Hewitt left at 8:50pm
EXECUTIVE SESSION
A Motion was made by Councilman Drabkin to enter into Executive Session at 8:50pm for the purpose of discussion of a request of a particular employee for reimbursement and to invite the Attorney for the Town into the Executive Session.
Second: Councilwoman Haugen-Depuy
Aye: 3 nay: 0 abstain: 0 motion carried
Fornino absent
Hewitt absent
A Motion was made by Councilman Drabkin to reconvene the meeting at 8:54pm stating no action taken nor monies expended.
Second: Councilwoman Haugen-Depuy
Aye: 3 nay: 0 abstain: 0 motion carried
Fornino absent
Hewitt absent
ADJOURNMENT
A Motion was made by Councilman Drabkin to adjourn meeting at 8:54pm .
Second: Councilwoman Haugen-Depuy
Aye: 3 nay: 0 abstain: 0 motion carried
Fornino absent
Hewitt absent
Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk