The July 5, 2018 Regular Town Board Meeting was held at 7:02pm at the Town of Rochester Town Hall.
PRESENT:
Councilman Drabkin Councilwoman Fornino Councilwoman Haugen-Depuy
Councilman Hewitt Supervisor Baden Town Clerk Gundberg
Attorney Christiana
Supervisor Baden called the meeting to order.
APPROVAL OF MINUTES:
Resolution # 205 -2018:
A Motion was made by Councilwoman Haugen-Depuy to approve the following minutes;
June 7, 2018 Public Hearing on Comprehensive Plan
June 7, 2018 Public Hearing on Local Law # 3-2018: EEO district
June 7, 2018 Regular Meeting
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried
TOWN EVENT CALENDAR UPDATES
July 9 Summer Youth Program begins
July 9 Planning Board Harold Lipton Community Ctr 7pm
July 12 Environmental Conservation Commission Town Hall 6pm
July 16 Historic Preservation Commission Town Hall 2pm
July 17 Ulster County Legislature County Office Bldg, Kingston 7pm
July 18 Youth Commission Harold Lipton Community Ctr 9:30am
July 19 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
July 26 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm
July 30 Planning Board (if needed) Harold Lipton Community Ctr 6pm
LIAISON REPORTS:
Councilwoman Fornino: Youth Commission: the Memorial Day parade had a great turn out. Mike did a great job speaking. Summer program begins Monday!
Councilwoman Haugen-Depuy: Building Department: Building permits: $ 12,203.25 C/O:
$ 2,830.00 for a total of: $ 14,233.25 for the month of June.
Supervisor Baden: Assessors office: since the beginning of 2018 a total of 303 parcels have been inspected. Since 2015 a total of 3075 parcels have been inspected with approximately 100 parcels left to go. The final roll has been completed and available for review in the Assessor’s office and on the county website. The State has determined the 2018 Equalization rate for the Town to be 93.5%. Highway: a letter was received by the Town of Marbletown Highway Department thanking the Town of Rochester for the help of trucking blacktop.
SUPERVISOR’S UPDATE:
Shawangunk Mountain Coalition Scenic Byways has revitalized and are back to monthly meetings.
CORRESPONDENCE:
The Town of Rochester received the mortgage tax check in the amount of $ 107,693.22 for 2017-March 2018.
$ 91,000.00 in CHIPS money has been received.
PUBLIC COMMENT PERIOD:
Several residents living on Cherrytown Rd., Amanda Dr. & Rouges Harbor Rd expressed frustrated concerns regarding the Camp Rav Tov operations. Major concerns included traffic safety, loud noise all hours of the day & night, excessive littering & a sewage smell. The DEC and Department of Health have been contacted regarding the sewage smell.
Supervisor Baden as a resident in that area stated that he is familiar with the resident’s concerns and the Board can discuss solutions.
Councilwoman Haugen-Depuy stated she understands the resident’s frustrations and prior administrations offered nothing to resolve this issue, it’s the Boards responsibility to find a remedy to this situation.
Supervisor Baden stated if Councilwoman Haugen-Depuy wanted to propose a solution the Board can discuss it.
It was agreed to discuss the issue during new business.
Tony Spano as a Town Resident stated that this is clearly an on-going issue that needs to be addressed with the Camp facilitator. I recommend that you have a meeting and discuss the issues at hand and maybe some solutions can be made before we spend tax payer’s dollars.
NEW BUSINESS:
HISTORIC PRESERVATION COMMISSION:
Resolution # 206-2018:
A Motion was made by Councilman Drabkin appointing Elaine LaFlamme to serve as Chairperson of the Historic Preservation Commission for a term to end 12/31/2018.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
DEPUTY HIGHWAY SUPERINTENDENT COMPLIANCE WITH CIVIL SERVICE LAW §41:
Resolution # 207-2018:
A Motion was made by Councilman Drabkin that;
Whereas, under Civil Service Law §41 Deputies of principal executives fall within the exempt class of civil service only when they are authorized by law to act generally for and in place of their principals
Therefore, be it Resolved, the Town Board of the Town of Rochester hereby resolves that a Deputy Highway Superintendent shall act for and in place of the Highway Superintendent placing such Deputy in the Civil Service exempt class.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
ACCEPTING A DONATION:
Resolution # 208-2018:
A Motion was made by Councilman Hewitt to accept a donation of $500.00 from the Rochester Senior Group 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.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
AMENDING RESOLUTION #208 -2018:
Resolution # 208A-2018:
A Motion was made by Councilman Hewitt to amend resolution # 208 -2018: to include the following resolutions (# 208-211);
Resolution # 209-2018:
to accept a donation of $100.00 from Charles and Pamela Stocking 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.
Resolution # 210 -2018:
to accept a donation of $110.00 from Golden Age Senior Citizens of Accord and Kerhonkson to be used toward one week of Town of Rochester Summer Youth Program scholarship for Tesha Williams 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.
Resolution # 211 -2018:
to accept a donation from Arlene and Alan Levine of two flower boxes filled with flowers pursuant to Town Law § 64 (8); to be displayed in front of the Harold Lipton Community Center.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
SCHEDULE AND ADVERTISE FOR SPECIAL MEETING:
Resolution # 212 -2018:
A Motion was made by Councilman Drabkin to schedule a Special Meeting of the Town Board to be held Aug. 9, 2018 at the Town of Rochester Community Center at 6:00PM for the purpose of discussion of updates to the Employee Handbook with Town Labor Consultant Michael Richardson, and directing the Town Clerk to post legal notices as required by law.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
NYS DOT SPEED STUDY AND MAXIMUM SPEED REDUCTION FOR CHERRYTOWN ROAD:
Resolution # 213 -2018:
A Motion was made by Councilman Drabkin to request the New York State Department of Transportation to conduct a speed study of Cherrytown Road to establish a maximum speed limit of 25MPH., beginning at the intersection of Samsonville Road (Ulster County Route 3) for a distance of 0.4 miles, in the vicinity of the Pine Ridge Dude Ranch, Town of Rochester, Ulster County, New York
WHEREAS, the public health, safety, and welfare would be served with a reduced maximum speed limit in the vicinity of the Pine Ridge Dude Ranch, along Cherrytown Road; and
WHEREAS, the Pine Ridge Dude Ranch is bisected by a Town of Rochester controlled public road, Cherrytown Road, necessitating crossing the roadway regularly by guests at the resort in their enjoyment and participation in ranch activities; and
WHEREAS, the Pine Ridge Dude Ranch is in support of efforts to improve roadway safety near their facility and specifically has requested in writing the establishment of a 25 MPH zone; and
WHEREAS, the Town of Rochester requests the establishment of a Maximum Speed Limit of 25 miles per hour, along Cherrytown Road, beginning at the intersection of Samsonville Road (Ulster County Route 3) for a distance of 0.4 miles, in the vicinity of Pine Ridge Dude Ranch; and therefore,
BE IT RESOLVED, that the Town of Rochester, pursuant to Vehicle and Traffic Law § 1622 hereby requests the New York State Department of Transportation review the request and authorize the Town of Rochester to install a 25 MPH maximum speed limit along Cherrytown Road for a distance of 0.4 miles beginning at the intersection of Samsonville Road, Town of Rochester, Ulster County, New York; and,
BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Supervisor to take whatever steps that are reasonably necessary to carry out this resolution and directs the Town Clerk to send a certified copy of such resolution to the Ulster County Commissioner of Public Works.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
NYS DOT SPEED STUDY AND MAXIMUM SPEED REDUCTION FOR LUCAS TURNPIKE:
Resolution # 214-2018:
A Motion was made by Councilwoman Haugen-Depuy to request the New York State Department of Transportation to conduct a speed study of Lucas Turnpike to establish a maximum speed limit of 45MPH, beginning at the intersection of Route 209 for a distance of 0.9 miles ending at Rondout Lane, Town of Rochester, Ulster County, New York
WHEREAS, the public health, safety, and welfare would be served with a reduced maximum speed limit due to the proximity of residential use properties and the Acorn School along this identified section of Lucas Turnpike, and,
WHEREAS, the Town of Rochester is in receipt of resident requests for this speed limit change; and
WHEREAS, a fatality occurred in this area in 2014 when a bicyclist was struck by a motor vehicle; and
WHEREAS, the Town of Rochester requests the establishment of a Maximum Speed Limit of 45MPH, beginning at the intersection of Route 209 for a distance of 0.9 miles ending at Rondout Lane; and
BE IT RESOLVED, that the Town of Rochester, pursuant to Vehicle and Traffic Law § 1622 hereby requests the New York State Department of Transportation review the request and authorize the Town of Rochester to request Ulster County Department of Public Works install a 45 MPH maximum speed limit beginning at the intersection of Route 209 for a distance of 0.9 miles ending at Rondout Lane, Town of Rochester, Ulster County, New York; and,
BE IT FURTHER RESOLVED, that the Town Board hereby directs the Town Supervisor to take whatever steps that are reasonably necessary to carry out this resolution and directs the Town Clerk to send a certified copy of such resolution to the Ulster County Commissioner of Public Works.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
INTER-MUNICIPAL MUTUAL IN-KIND SERVICES AGREEMENT WITH THE COUNTY OF ULSTER:
Resolution # 215 -2018:
A Motion was made by Councilman Hewitt approving the inter-municipal mutual in-kind services agreement between the Town of Rochester and the County of Ulster.
THIS AGREEMENT, is entered into with an effective date of July 5, 2018, by and between the COUNTY OF ULSTER, having its principal place of business at 244 Fair Street, Kingston, New York 12401 and the TOWN OF ROCHESTER, having its principal place of business at PO Box 65/50 Scenic Road, Accord, New York 12404
WHEREAS, this Agreement is made pursuant to Article 5-G of the New York General Municipal Law and Sections 102, 133-a and 135 of the New York Highway Law; and
WHEREAS, the Parties agree that a cooperative arrangement such as is established hereby is in the best interests of the citizens of the respective municipalities; and
WHEREAS, each Party hereto has certain highway, non-highway, specialty equipment, materials and/or skilled personnel (including equipment operators) that may be available from time-to-time (referred to hereinafter as “Equipment, Materials and/or Personnel”); and
WHEREAS, the Parties agree that it is possible for one Party to make such Equipment, Materials and/or Personnel available for use by the other Party when it is in the public interest; and
WHEREAS, the use of such Equipment, Materials and/or Personnel may be loaned for a scheduled short duration of time, an unanticipated event and/or an emergency situation; and
WHEREAS, each Party has authorized their respective highway or public works superintendents and/or other appropriate department heads to act using their discretion pursuant to this Agreement; and
NOW THEREFORE, it is mutually agreed between the parties as follows:
1. SERVICES: The Parties may loan Equipment, Materials and/or Personnel that may be available from time-to-time to the other Party. All such Equipment, Materials and/or Personnel shall be loaned at the discretion of the respective highway or public works commissioner, superintendent and/or other appropriate department head.
2. TERM OF AGREEMENT: This Agreement shall take effect on July 5, 2018 and shall continue in full force and effect for a period of five (5) years from the effective date identified above.
3. EMPLOYEES: Each Party shall remain fully responsible for its own employees, including salary, benefits and workers’ compensation insurance and disability insurance. All employees of the Parties are to be treated in accordance with their respective collective bargaining agreements, if any, whether or not on loan to the other Party.
4. EQUIPMENT OPERATORS: From time to time, machinery and/or equipment may be loaned under this agreement. At all times, the Lending Party shall provide an operator (the “Operator”), and may provide an additional employee, with said machinery and/or equipment, or no such loan shall be made. While on loan, said Operator, and any additional employee, shall be subject to the direction and control of the Highway Commissioner, Superintendent or Department Head of the Borrowing Party in relationship to the manner in which the work is to be completed. However, the method by which the machine and/or equipment is to be operated shall always be determined by the Operator.
5. MAINTENANCE AND REPAIRS: The Lending Party shall be responsible for all maintenance and repairs to the loaned machinery and/or equipment. However, the Borrowing Party shall be responsible for the repair and/or replacement of the machinery and/or equipment loaned under this Agreement that is lost or damaged due to negligence by the Borrowing Party, its acts or omissions, during the loan period.
6. RECORDS AND REPORTS: Each Party is responsible for maintaining its own full and accurate records of the equipment and/or materials loaned or borrowed. Such records may, but are not required to, include the completion of an “Equipment/Material Loan Record” and vehicle diagram, or equivalent forms, samples of which are attached hereto as Attachments A and A-1. It is recommended that such forms be completed for each piece of equipment or quantity of materials at the time the loan is requested. Records of loaned equipment and/or materials maintained by a Party shall be subject to inspection by the other Party to this Agreement, upon reasonable notice and during the record-keeper’s normal business hours, during the term hereof and for a five (5) year period following the expiration of this Agreement.
In the case of an accident involving items covered under this Agreement, the appropriate reports and claims shall be filed promptly with the Town Clerk’s Office, the County’s Insurance Department or Workers’ Compensation coordinator of each Party, as required by the situation. For any and all Towns, a copy of said documents shall be sent, in addition, to the Town Supervisor.
7. INDEMNIFICATION: Each Party agrees to defend, indemnify and hold harmless the other Party, including its officials, employees and agents, against all claims, losses, damages, liabilities, costs or expenses (including without limitation, reasonable attorney fees and costs of litigation and/or settlement), whether incurred as a result of a claim by a third party or any other person or entity, arising out of its performance pursuant to this Agreement, which either Party, or its officials, employees or agents, may suffer by reason of any negligence, fault, act or omission of the other Party, its employees, representatives, subcontractors, assignees, or agents. Notwithstanding the foregoing, each Party’s obligation to defend, indemnify and hold harmless the other Party shall have no applicability to the extent that such other Party, its officers, agents, servants, employees, contractors or subcontractors contributed to the claims, losses, damages, costs or expenses.
In the event that any claim is made or any action is brought against the Lending Party arising out of the negligence, fault, act, or omission of an employee, representative, subcontractor, assignee, or agent of the Borrowing Party, either within or without the scope of his/her respective employment, representation, subcontract, assignment, or agency, or arising out of Borrowing Party’s negligence, fault, act or omission, then the Lending Party reserves all rights and remedies provided by law, in equity, or, pursuant to this Agreement.
8. INSURANCE:
A) The Borrowing Party shall maintain or cause to be maintained, in full force and effect during the term of this Agreement, at its expense, insurance with stated minimum coverages, all as set forth in Schedule “B” (“Indemnification and Standard Contract Insurance Requirements”), which is attached hereto and hereby made a part of this Agreement. Such policies are to be in the broadest form available on usual commercial terms and shall be written by insurers of recognized financial standing, satisfactory to the Lending Party, who have been fully informed as to the nature of the use of the machinery and/or equipment.
B) The Lending Party shall be an additional insured on all insurance policies required to be maintained by the Borrowing Party pursuant to this Agreement with the understanding that any obligations imposed upon the insured (including without limitation, the liability to pay premiums) shall be the sole obligation of the Borrowing Party and not those of the Lending Party.
C) Each Party, at the inception of this Agreement, shall provide the other Party with an Additional Insured Endorsement or equivalent form and a Certificate of Insurance evidencing the required Commercial General Liability Insurance, Property and Casualty Insurance, Automobile and Physical Damage Insurance, Workers’ Compensation and Disability Benefits Coverage. Each Party shall provide the other Party with a new Additional Insured Endorsement or equivalent form and Certificate of Insurance 30 days prior to the expiration of the original certificate as is necessary during the Term of this Agreement.
D) All Towns in Ulster County may obtain Workers’ Compensation Insurance coverage through the Ulster County Self-Insurance Plan, in which case proof to the County of Workers’ Compensation coverage is waived. Any Town that is not part of said Plan shall provide proof of Workers’ Compensation coverage by filing Form C-105.2, Form U-26.3 or Form SI-12 with the County
E) Notwithstanding anything to the contrary in this Agreement, the Borrowing Party irrevocably waives all claims against the Lending Party for all losses, damages, claims or expenses resulting from risks commercially insurable under this insurance described in this Article 8. The provision of insurance by the Borrowing Party shall not in any way limit the Borrowing Party’s liability under this Agreement. Notwithstanding anything to the contrary set forth above in this Article 8 or in any other part of this Agreement, to the extent that any loss, damage, claim or expense arose from or is associated in whole or in part, with any act or omission on the part of the Lending Party, its officers, agents, servants, employees, contractors or subcontractors, the aforesaid waiver shall be, to such extent, inapplicable, and the Borrower may assert any and all such claims against the Lender.
F) An Operator shall always be provided by the Lending Party when loaning machinery and/or equipment. In the event that, against the express terms of this Agreement, no Operator is provided by the Lending Party or that the provided Operator is not operating the machinery and/or equipment when liability is incurred or damages ensue through the improper use or operation of said machinery and/or equipment during the loan period, the Lending Party, as owner of the machinery and/or equipment, shall be the primary responsible party for insurance purposes.
G) For the purposes of this Agreement, all equipment to be loaned by a Lending Party shall be listed on an Inventory List to be submitted to the Lender’s Insurance Carrier in order to make sure there is either Inland Marine insurance or Auto Physical Damage Insurance on the equipment in accordance with Schedule B, which is attached hereto and made a part hereof. Said Inventory List shall be up-dated at least annually or more frequently if required. Equipment that is not so insured for physical damage on either an Inland Marine or Auto policy shall not be loaned under this Agreement shall not be loaned under this Agreement
9. EFFECTIVENESS: By Resolution No. 350 of 2015, approved on September 15, 2015 by the Ulster County Legislature and executed by the County Executive on September 17, 2015, the Ulster County Legislature has approved the participation of the County of Ulster in inter-municipal shared services agreements such as this one and has authorized the Commissioner of the Ulster County Department of Public Works to sign such agreements. This Agreement shall not be effective until approved by a majority vote of the Town Board of the Town as required by Section 119-o of the General Municipal Law, and until the Agreement is signed by the respectively authorized representatives of the Parties.
10. TERMINATION: Either Party may, by written notice to the other Party effective thirty (30) days from mailing, terminate this Agreement in whole or in part at any time for the terminating Party’s convenience.
However, upon the failure of the Borrowing Party to comply with any of the terms or conditions of this Agreement, the Lending Party may, by written notice to the Borrowing Party, effective as of the date of mailing, terminate this Agreement.
Upon termination of this Agreement, the Borrowing Party shall within fifteen (15) days of termination return all Equipment, Materials and/or Personnel to the Lending Party. Should replacement Materials be unavailable at the time of termination, the Borrowing Party shall immediately notify the Lending Party of the unavailability of the Materials and provide a date when the Borrowed Materials will be replaced. The Lending Party in its sole discretion may elect to have the Borrowing Party pay to the Lending Party the replacement value of the Materials.
11. SAFETY PRECAUTIONS: The Parties shall provide and employ all safety measures, safety equipment, and safety devices appropriate and necessary when operating the equipment. The Parties shall comply with all safety standards, codes, regulations, and laws applicable to their activities under this Agreement.
12. MODIFICATIONS TO BE IN WRITING: No changes, amendments or modifications of any of the terms and/or conditions of this Agreement shall be valid unless reduced to writing and signed by the Parties to this Agreement.
13. ENTIRE AGREEMENT: The rights and obligations of the Parties and their respective agents, successors and assignees shall be subject to and governed by this Agreement, which supersedes any other prior understandings or writings between or among the Parties to this Agreement.
Second: Councilman Drabkin
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried
REFERRAL OF PROPOSED ESTABLISHMENT OF AN OPEN DEVELOPMENT ZONE: pursuant to NYS Town Law §280-a: SBL68.2-2-12: Cliff Road.
Resolution # 216 -2018:
A Motion was made by Councilman Drabkin authorizing the Town Supervisor to refer, for comment, the proposed establishment of an Open Development Zone: SBL 68.2-2-12, Cliff Road, to the Town of Rochester Planning Board; pursuant to Town Law §280-a, and to the Town of Rochester Highway Superintendent and Accord Fire District Chief for comment on safe access for ingress and egress of emergency vehicles.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
HIGHWAY SUPERINTENDENT REQUEST FOR ROAD IMPROVEMENT EXPENDITURE:
Resolution # 217-2018:
A Motion was made by Councilman Drabkin approving the expenditure of $28,724.00 from Highway Fund Appropriations – General Repairs line DA- 6-5110.400 and $110,630.00 to be secured by Bond Anticipation Note (BAN) as adopted with resolution #198 of 2018; subject to the Town of Rochester successfully securing said BAN, for pugmill pave, single and double chip seal to improve approximately 5.2 miles of Town of Rochester roadways as follows:
a. Van Demark Lane – 950 feet
b. Hill Top Terrace – 1378 feet
c. Academy Street – 700 feet
d. Old Mine Road- 700 feet
e. Airport Road – 5280 feet
f. Berme Road – 2640 feet
g. Schroon Hill Road – 10560 feet
h. Dug Road
1. DeWitt Road
J. Sundale Road-Total of three roads – 5280 feet
Second: Councilwoman Fornino
Discussion: Councilwoman Haugen-Depuy asked if this was covered by CHIPS? Answer was YES!
Aye: 5 nay: 0 abstain: 0 motion carried
HIGHWAY EXPEDITURES:
Resolution # 218 -2018:
A Motion of consent was made by Councilman Drabkin to approve recommended resolutions #219-221 of 2018.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
Resolution # 219-2018:
authorizing the Superintendent of Highways to execute a contract, as presented, with Peckham Materials located at 2 Union Street Extension, Athens, NY 12015. The quote includes equipment rentals and is based on the Dutchess and Ulster County bids.
Resolution # 220-2018:
approving the expenditure of up to $25,000 out of the Highway Fund Appropriations – General Repairs line DA-6-5110.400 for stone and hauling to improve approximately 5.2 miles of Town of Rochester roadways as follows:
a. Van Demark Lane – 950 feet
b. Hill Top Terrace – 1378 feet
c. Academy Street – 700 feet
d. Old Mine Road- 700 feet
e. Airport Road – 5280 feet
f. Berme Road – 2640 feet
g. Schroon Hill Road – 10560 feet
h. Dug Road
1. DeWitt Road
J. Sundale Road-Total of three roads – 5280 feet
Resolution # 220A -2018:
to authorize the Superintendent of Highways to execute a contract with Callanan located at 1245 Kings Road, Schenectady, NY 12303 for the purchase of 900 tons of #1A chip and seal stone at a quote of $26.09 per ton. Hauling is included in the quoted price. The quoted price is less than the 2018 Ulster County bid price.
AUTHORIZING THE SUPERVISOR TO ADVERTISE FOR MINI-BID ON THE NEW YORK STATE OFFICE OF GENERAL SERVICES VEHICLE MARKETPLACE:
Resolution # 221-2018:
A Motion was made by Councilman Drabkin authorizing the Town Supervisor to advertise for mini-bid on the New York State Office of General Services Vehicle Marketplace for the following vehicle with a bid due date and time of July 30, 2018 at 5pm.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried
Specifications
3/4 ton Pickup of any make or model
2014 or later model year
Regular Cab
V-8 Engine
4WD only
Gasoline Only
6’ or 8’ bed
Snow Plow Prep Package
Tow Package
ESTABLISHMENT OF FEE FOR REGISTRATION OF LARGE SOLAR ENERGY PRODUCTION FACILITIES:
Resolution # 222-2018:
A Motion was made by Councilman Drabkin pursuant to Town of Rochester Zoning Code § 140-37(J)(3), the Town Board hereby establishes such registration fee of Large Scale Solar Energy Production Facilities to be $225 for the three-year period, effective July 6, 2018, and directs the Code Enforcement Office to develop a registration application form.
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried
ESTABLISHMENT OF FEE FOR REGISTRATION OF WIRELESS TELECOMMUNICATIONS FACILITIES: Amending Resolution #50 of 2015
Resolution #223 -2018:
A Motion was made by Councilman Drabkin pursuant to Town of Rochester Zoning Code § 140-29(K), the Town Board hereby amends resolution #50 of 2015 and establishes such registration fee of Wireless Telecommunications Facilities to be $225 for the three-year period, effective July 6, 2018, and directs the Code Enforcement Office to develop a registration application form.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried
APPOINTMENT OF SEASONAL/ PART-TIME HIGHWAY EMPLOYEES:
Resolution # 224-2018:
A Motion was made by Councilman Drabkin to accept the Town of Rochester Highway Superintendent appointment of Chad A. Cooper and Robert Gerdes Jr. as Seasonal Laborers to the Highway Department on an as needed basis with hours and duties as designated by the Highway Superintendent at a rate of $ 21.83 per hour. The Town Board directs the Supervisor to amend the Wage and Salary Schedule for 2018, accordingly.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried
DISCUSSION:
FUEL BID CONTRACT:
DISCUSSION:
Supervisor Baden stated the fuel and propane contract got very complicated. The Town received notice regarding the County Fuel contract dated July 1-June 30th from Bottini. The plan was to do a spread sheet and take the useage from the year and track based on the date of delivery what the daily price index was until it was discovered that information can only be given to a fuel supplier or we could pay a $ 300.00 yearly subscription newsletter. Bottini was contacted they are happy to take the business and honor those prices however the bid amount was based on the Town owning their own propane tanks because the County owns theirs. Supervisor Baden reached out to the County and the County informed him that was not part of the Bid and questioned whether or not that can be applied or not. Is it a fight we want to take up with Bottini or not? Supervisor Baden then contacted Heritage and discussed Bottini’s prices and asked whether they can match them. Heritage stated that they can’t legally match them. Heritage is offering four one hundredths of a penny more per gallon for the heating oil, the diesel price offered was nine one hundredths of a gallon, propane price is two cents more per gallon than the county bid. Heritage explained that they have a state bid at thirty cents per gallon and they cannot go below that. We currently have our contract with heritage so we can just roll over the contract if we chose to go with them. They also offered to email their prices each week. The Board has one of two options we can make a resolution to sign a year-long contract with Heritage at the prices they quoted to the Town of Rochester or go with the County bid but then we have to resolve the issue of the propane tanks. The Town currently has 7 propane tanks.
Resolution #225 -2018:
A Motion was made by Councilman Drabkin to sign a year-long contract with Heritage at the prices they quoted to the Town of Rochester
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried
RFP FOR THE TOWN OF ROCHESTER TOWN PARK:
DISCUSSION:
One RFP was received by Behan Planning and Design. There were no prices included
They stated they would love to work with the Town and supplied reports of their work and resumes but the time frame was too short to apply for the CFA funding that is due July 27th.
The Town Planning Board consultant Clark Patterson Lee submitted a letter stating they would complete the grant work for the Town with a fee not to exceed $ 600.00 and could have it completed before the July 27th deadline. A draft a map proposal of the park was submitted to the Town for review.
Supervisor Baden stated the proposal is not set in stone and it is a 50% match grant.
The maximum funding is $ 500,000.00.
Much of the work can be in-kind.
There are a lot of options with how to raise the money through community fundraising.
Resolution #226 -2018:
A Motion was made by Councilman Drabkin to authorize the Supervisor to sign a contract with Clark Patterson Lee to apply for a grant for the Rochester Town park improvements under the consolidated funding application for a fee not to exceed $ 600.00
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried
APPLYING FOR NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION:
Resolution # 227-2018:
A Motion was made by Councilman Drabkin;
WHEREAS, the Town of Rochester is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project located at that the Town of Rochester Town Hall property, and;
WHEREAS, as a requirement under the rules of this program, said not-for-profit corporation must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located, “ and;
WHEREAS, the Town Board understands that a local match is required for the grant and will supply said match upon award.
NOW, THEREFORE, be it resolved that the Rochester Town Board hereby does approve and endorse the application for a grant under the Environmental Protection Fund for a park project known as Town of Rochester Park Improvements and located within this community.
And further, it is resolved that, said property shall be forever maintained by the Town of Rochester as a municipal park in this community consistent with the rules promulgated by OPRHP.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried
ADVERTISE AND SCHEDULE PUBLIC HEARING ON PROPOSED LOCAL LAW # 5-2018:
Resolution # 228-2018:
A Motion was made by Councilwoman Fornino to schedule a public hearing on proposed local law # 5-2018: Amending Chapter 132 for 8/2/2018 at the Town of Rochester Town Hall immediately following the 7:00pm continuation of public hearing on proposed Local Law # 4-2018: Amending the zoning map and the Town Clerk shall advertise the same.
Second: Councilman Drabkin
Discussion: Councilman Hewitt suggested bike rental stations at both the Community Center and Alligerville Firehouse. It is a solution that can bring in revenue and solve some of the problem of parking at the deep hole on Towpath Road. This works well in New Paltz.
Supervisor Baden stated that he is not opposed to the idea though Alligerville Firehouse doesn’t have the parking space.
Councilman Drabkin stated this could be one of the functions of the Recreation Department but this will have a deterrent effect on the swimming hole.
Councilwoman Haugen-Depuy expressed concerns on how we are going to enforce the law.
Aye: 5 nay: 0 abstain: 0 motion carried
TELECOM INFRASTRUCTURE LEASE-CELL TOWERS ON TOWN PROPERTY:
Supervisor Baden has received a few inquiries regarding companies that are willing to buying Municipal leases. For example: Cell Tower leases.
Councilman Drabkin stated that we should be auditing the revenue that we are getting, we are getting a significant amount revenue and we don’t know if that revenue is accurate.
ESTABLISHMENT OF A SCHOLARSHIP PROCEDURE FOR YOUTH PROGRAMS:
Supervisor Baden stated that organizations donate money to the Summer Program to scholarship kids for weekly sessions and since the Town is not legally allowed to get gifted he and Attorney Christiana are working on the legalities of how to determine scholarships.
CHERRYTOWN ROAD TRAFFIC & SAFETY ISSUE:
After some discussion it was agreed to have Chief Constable Miller meet with the concerned residents regarding concerns and times that the Constable can direct traffic.
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 8:46pm.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried
Respectfully submitted,
Kathleen A. Gundberg
Town Clerk