Town Board Regular Meeting – June 2018

The June 7, 2018 Regular Town Board Meeting was held at 7:16 pm at the Town of Rochester Town Hall immediately following the scheduled public hearing on proposed local law # 3-2018: Amending 140 of the Town of Rochester Zoning Code re: EEO.

PRESENT:
Councilman Drabkin Councilwoman Fornino Councilwoman Haugen-Depuy
Councilman Hewitt Supervisor Baden Deputy Town Clerk Ferrara
Attorney Christiana

ABSENT:

Town Clerk Gundberg

APPROVAL OF MINUTES:
Resolution # 173- 2018:

A Motion was made by Councilwoman Haugen-Depuy to approve the following minutes;

May 3, 2018 Regular Meeting
May 3, 2018 Public Hearing – Comprehensive Plan
May 3, 2018 Public Hearing – Local Law #3
May 23, 2018 Special Meeting
May 31, 2018 Audit/Workshop Meeting
Second: Councilman Drabkin
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried
SUPERVISOR’S REPORT:

Filed with the Town Clerk.

ATTORNEY for the TOWN UPDATE:

No e-mails were sent this month because there was nothing confidential. Working on the agreement on using the Town Hall buildings.

LIAISON REPORTS:

Councilwoman Haugen-Depuy: Building Department for the month of May Building fees:
$4,861.18, C/O $ 745.00 for a grand total of $ 5,606.15. year to date total: $ 29,004.85.
Planning & Zoning: year to date: $ 2537.30 Month of May: $ 1,387.96

Supervisor Baden: Youth Commission: Mother’s Day luncheon: received $ 66.00 cash donations, spent $ 320.69 on the luncheon. There is a Driver’s Safety class June 23, 2018
9-4pm at the Harold Lipton Community Center. BOAR: Met on May 24, 2018 they had a grand total of 2 grievances. There were a total of 12 stipulations & 3 corrections for a grand total of 17 changes to the tentative assessment roll. New roll will be posted July 2, 2018. Our Assessor is doing a great job. Highway : Congrats to the Highway department for receiving a letter of recognition from Cornell Local Roads Program for their outstanding commitment to innovation, they displayed exemplary and ingenuity in the development of the slider. The Town received a Build a Better Mouse Trap competition award.

SUPERVISOR’S UPDATE:

July 18-23 in Saugerties New York the Vietnam traveling wall will be on display. It’s an amazing replica.
Rosario Agostaro, Superintendent of the Rondout Valley School District stated June 8, 2018 at 11am at the Rondout Valley High School there will be an unveiling of an 8ft cedar public art piece called the red stairway. Over the course of a few months students have been utilizing their carpentry skill to build the structure, which is part abstract sculpture and part intellectual contemplation. We will be recognizing the Boces instructor and students. Very proud to say the least.
Supervisor Baden on behalf of the Town of Rochester presented Rosario with a plaque for all the work he has done and wish him the best on his well deserved retirement.
Rosario stated it’s been an honor and pleasure working with the kids for the past 9 years, thank you and appreciates the Town’s support.

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

BOARD OF ETHICS INTERVIEW:

The Town Board held an interview with Theresa Harvey Barratt for a vacancy to the Board of Ethics.

CORRESPONDENCE:

Councilwoman Haugen-Depuy wanted to address a letter from Beverly Connor regarding the issues of the Hasidic camp on Cherrytown Road. Buses and delivery trucks are missing the entrance to the camp. Once they miss the entrance the vehicles back up and cause traffic hazards on the road. Recently they backed into the railing on the road, damaged trees and a bus was stuck in Ms. Connor’s driveway for 4 hours with 2 commercial tow trucks damaging the pavement. This has been an on-going problem for all the homeowners who live near the camp for the past 7 years. Ms. Connor would like to propose a sign be placed approximately 100 ft. before the entrance so drivers will be aware of the entrance.
Councilwoman Haugen-Depuy personally spoke with the Rabbi and there are two upcoming dates June 21 & June 26 and would like to utilize the Constables to direct traffic during these drop off times & would like to see a large sign posted .
Supervisor Baden spoke with the Constabulary to set up the dates and he also spoke with the Code Enforcement Officer Jerry Davis to see what can be done regarding a sign.

PUBLIC COMMENT:
No comments made

APPOINTMENT TO THE BOARD OF ETHICS:
Resolution #174 -2018:

A Motion was made by Councilwoman Haugen-Depuy appointing Theresa Harvey Barratt to the Board of Ethics for a term to expire 12/31/2019.
Second: Councilman Drabkin
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTING OPEN SPACE INVENTORY REPORT AS A TOWN RECORD:
Resolution: #175-2018:

A Motion was made by Councilman Hewitt 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.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTING TOWN OF ROCHESTER NATURAL HERITAGE PLAN REPORT AS TOWN RECORD:
Resolution #176 -2018:

A Motion was made by Councilman Hewitt 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 January 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.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

ADOPTING THE OPEN SPACE INVENTORY AND GEOSPATIAL(KMZ) DATA CATALOG AS APPENDIX 6 TO THE TOWN COMPREHENSIVE PLAN:
Resolution: # 177-2018:

A Motion was made by Councilman Hewitt 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.
Second: Councilwoman Haugen-Depuy
Discussion: Councilwoman Haugen-Depuy asked how this will be used in the comprehensive plan?
Supervisor Baden stated, “it becomes a part of the plan so any land use laws passed in the future must reflect the comp plan. Decisions made by the Planning Board have to be consistent with the comprehensive plan. This is a resource tool it is not a law, it is more of an investigation into the land then what was done in the original comprehensive plan.”
Councilwoman Haugen-Depuy, “in some instances this will make it more difficult for people to use their land.”
Councilman Drabkin agreed.
Supervisor Baden, “disagreed with the sentiment because the Local Law is not being changed.”
Councilman Hewitt stated, “The purpose of the mapping for instance is a case where one of the overlays of maps showed a federal wetland as having protections on it. But it is not going to restrict uses in our zoning law. The mapping is great because you can see steep slopes, locations of water features, geology and then you can overlay them all and see how they relate to each other.”
Attorney Christiana stated, “It’s a resource tool.”
Supervisor Baden stated, “By having this document adopted as part of the comp plan does allow the Town availability to go out and seek grant money and by having this we can go out with greater research of things. Many of the projects the ECC has been working on hinge on these two steps. The two have been placed together because the Open Space inventory has never been adopted or accepted by the Town. The whole goal of both projects was to adopt as the comprehensive plan. It’s a back-up for the zoning law.”
Councilwoman Haugen-Depuy, “But it is also used to produce laws later.”
Supervisor Baden agreed but stated, “That you still have to go through the local law review process, It doesn’t make it any easier. It’s the foundation of the local laws. It becomes a one stop resource for the Planning Board to look at.”
Councilman Hewitt stated, “It was also a building block that led to the natural heritage plan.”
Councilwoman Haugen-Depuy stated, “If it is used in the comprehensive plan which already sets forward a set of laws it is then an appendix to a law.”
Supervisor Baden stated, “The comprehensive plan is not a law. It’s a guideline
Councilwoman Haugen-Depuy stated that is used to produce laws.”
Attorney Christiana stated yes.
Supervisor Baden stated, “It is used for SEQRA and a review has to happen already. So we can search our resources. This will make our volunteers jobs easier.”
Councilwoman Haugen-Depuy stated, “she is deathly afraid of another layer that can be possibly pulled into another set of laws. I do want the Town to be able to use this document which is why I agree it should be part of the Town record. However, when you stick it in the comprehensive plan It is like duplications. We don’t need all the paper to sit on the Board you need common sense, I know we need guidelines and they will still be here as part of the Town record just not part of the comprehensive plan.”
Councilman Drabkin stated, “This is another significant addition to making it more difficult.”
Supervisor Baden disagreed the Town Planning Board can’t use the guide as a reason not to allow or approve something, there has to be an actual reason.
Councilwoman Haugen-Depuy stated, “We have to be smart enough to use the resources that we have instead of sticking another layer.”
Supervisor Baden stated, “It is combining the layers in one place. Voting no because of a fear is bad reason for voting no. The mapping puts different elements from different sources in one place.”
Councilwoman Haugen-Depuy: “fear is not a bad thing it makes you cautious.”
Councilman Hewitt stated, “Councilwoman Haugen-Depuy made great points and well-founded concerns, but my concern is what happens in the future if someone is chair of these Boards that isn’t educated like Bea or Mike and they need guidelines from great mapping that has amazing overlays.”
Councilwoman Haugen-Depuy stated, “Then they had a terrible Town Board that appointed them.”
Councilman Drabkin stated, “The document exists as a record.”
Councilman Hewitt stated, “I agree with Councilwoman Haugen-Depuy if there was a law that was being restricted but this part of the comprehensive plan as being helpful mapping.”

ROLL CALL:

Councilman Drabkin nay
Councilwoman Fornino nay
Councilwoman Haugen-Depuy nay
Councilman Hewitt aye
Supervisor Baden aye

Aye: 2 nay: 3 abstain: 0 motion not carried

Councilwoman Haugen-Depuy stated it will be a good Town Record document

ADOPTING PAGES 1-37 AND 61-81 OF THE NATURAL HERITAGE PLAN AS APPENDIX 6 TO THE TOWN COMPREHENSIVE PLAN:
Resolution # 178-2018:

A Motion was made by Councilman Hewitt 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 January 12, 2018, prepared for the Town by John Mickelson of Geospatial and Ecological Resources and David Church, AICP as Appendix 6 to the November 2006 Town of Rochester Comprehensive Plan.
Second: Councilwoman Haugen-Depuy
Discussion:

ROLL CALL:

Councilman Drabkin nay
Councilwoman Fornino nay
Councilwoman Haugen-Depuy nay
Councilman Hewitt aye
Supervisor Baden aye

Aye: 2 nay: 3 abstain: 0 motion not carried

Supervisor Baden stated, “ I would like to add that there was a $ 50,000.00 grant between us and Wawarsing that was used.”
Councilman Hewitt stated, “I wished that had been stated prior to the vote because we have Council talking about wasting money and I feel like we just wasted $ 50,000.00.”
Supervisor Baden stated, “At any time the Board wants to reconsider this we can, all is not lost. It is recognized as a document.”
Councilman Drabkin stated, “this was never discussed with the Board that it will be part of the Comprehensive Plan, I think there is serious issues this Town has with its economic condition and although I am in favor for corridors for animals and all sorts of things, I think there are things we should have been addressing in our comprehensive plan.”
Supervisor Baden stated, “I think there is a misunderstanding of what this document is.”
Councilman Hewitt stated, “ I feels like we are sending a message to the State that we don’t care about municipal agreements.”
Councilwoman Haugen-Depuy disagreed “ it’s a Town document.”

ADOPTING LOCAL LAW # 3 OF 2018, AMENDING TOWN CODE CHAPTER 140, ZONING:
Resolution #179 -2018:

A Motion was made by Councilman Drabkin 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.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

ACCEPTING DONATION:
Resolution# 180-2018

A Motion was made by Councilman Drabkin to accept a donation of $500.00 from the Rondout Valley Federation of Teachers to be used toward the Town of Rochester Summer Youth Program for the purchase of t-shirts 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
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING USE OF TOWN HIGHWAYS:
Resolution # 181-2018:

A Motion was made by Councilman Drabkin authorizing the use of Town roadways for the charity bike ride event Ride for Mental Health by USA Cycling, Inc. on June 23 and June 24, 2018 upon presentation of a Certificate of Liability Insurance naming the Town of Rochester as an additional insured party.
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING USE OF TOWN HIGHWAYS:
Resolution # 182-2018:

A Motion was made by Councilman Drabkin authorizing the use of Town roadways for the charity bike ride event BRAKING AIDS® Ride to be held September 15, 2018 upon presentation of a Certificate of Liability Insurance naming the Town of Rochester as an additional insured party.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

AMENDMENT OF 2018 GENERAL FUND BUDGET- BUDGET MODIFICATION:
Resolution # 183 -2018:

A Motion of consent was made by Councilman Drabkin to approve recommended resolutions #184-189 of 2018.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried

Resolution # 184-2018:
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

Resolution #185 -2018:
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

Resolution # 186 -2018:
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

Resolution #187 -2018:
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

Resolution # 188-2018:
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

AMENDMENT OF 2018 HIGHWAY FUND BUDGET – BUDGET MODIFICATION:
Resolution #189 -2018:

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

AMENDMENT OF 2018 GENERAL FUND AND HIGHWAY BUDGETS INTERFUND TRANSFER/ BUDGET MODIFICATION:
Resolution #190 -2018:

A Motion was made by Councilman Drabkin 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
Second: Councilman Hewitt
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

ADVERTISEMENT FOR PUBLIC HEARING, LOCAL LAW # 4-2018 AMENDING ZONING MAP:
Resolution # 191-2018:

A Motion was made by Councilman Drabkin 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.
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

AWARD OF ABRASIVE SCREENED SAND BID:
Resolution # 192 -2018:

Councilwoman Haugen-Depuy recused herself at 8:09 pm.

A Motion was made by Councilman Hewitt 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.
Second: Supervisor Baden
Discussion: after doing the math Ellenville Sand and Gravel is approximately $ 5,000.00 less. These numbers are based on one filling of the salt shed.
Aye: 4 nay: 0 abstain: 0 motion carried
Recused –Haugen-Depuy
Councilwoman resumed her seat at 8:12 pm.

AUTHORIZING THE SUPERVISOR TO SIGN SUBDIVISION PLAT OF TOWN PEROPERTY FOR FILING PURPOSES:
Resolution # 193-2018:

A Motion was made by Councilwoman Haugen-Depuy 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. Lot1 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.
Second: Councilman Hewitt
Discussion: Attorney Christiana has reviewed the documents.
Councilwoman Depuy wanted to verify that this was the sandmine location.
Supervisor Baden stated, “the parcel is being subdivided into 3 lots. 2 lots are the area with the signed lease, the other lot is the wooded area. The land remains under the Town of Rochester control. Each lot will have its own independent 911 address.”
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO SIGN ASSIGNMENT AND ASSUMPTION AGREEMENT FOR LEASE OF TOWN PROPERTY:

May 14, 2018 the Planning Board gave conditional approval to both Town property solar projects. There are a number of conditions on both projects that Borrego is working on satisfying.

Attorney Christiana stated on the assignment and assumption agreement very typically with solar companies there is a large solar company that has several projects and these projects form an LLC so it’s a separate organization. Borrego is working on that now. Borrego is assigning;

Resolution # 194 -2018:

A Motion was made by Councilman Drabkin 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.
Second: Councilman Hewitt
Discussion: Supervisor Baden stated, “the reason being is the lease is under Borrego Solar systems so this new entity takes over the control of said lease which is the physical company that is going to control that project is still a division of Borrego.”
Borrego Attorney Robert Mcloughlin was addressed by Councilwoman Haugen-Depuy with a question of starting the project with Borrego and now it goes to a secondary affiliated company how much are they controlled by Borrego?
Attorney Mcloughlin stated, “100%. It is a second entity for liability purposes but the control of the entity is still the parent company Borrego.”
Councilwoman Haugen-Depuy expressed concerns of change from Borrego to the LLC.
Attorney McLoughlin stated, “there shouldn’t be a concern because it is still the same company with the same affiliate. It is done all the time purely for protecting the parent company from liability.”
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO SIGN A SITE LICENSE AGREEMENT FOR CONSTRUCTION ACCESS TO TOWN PROPERTY OVER TOWN PROPERTY:
Resolution #195 -2018:

A Motion was made by Councilman Hewitt 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
Second: Councilwoman Fornino
Discussion: Supervisor Baden explained that during the construction phase Borrego needs access to a parcel that is landlocked. This license agreement allows DOT vehicles to go over the road access. They will also be bringing the road up to required standards allowing fire pull-offs and access to the Cell Tower.
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE EXPENDITURE OF HIGHWAY MONEYS FOR EQUIPMENT PURCHASES:
Resolution # 196-2018:

A Motion was made by Councilman Drabkin 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 $200,535, as presented by the Highway Superintendent, subject to the Town’s procurement policy
Second: Councilwoman Haugen-Depuy
Discussion: Councilwoman Drabkin asked if the wood chipper could be shared with building and grounds
Highway Superintendent Spano stated that CHIPS money cannot be used for shared equipment for the transfer station.
Councilwoman Haugen-Depuy asked if both trucks were four-wheel drive?
Highway Superintendent Spano stated yes.
Aye: nay: abstain:

TOTAL not to exceed $200,535

1. Wood Chipper not to exceed $52,235
2. Ford F550 Mini Dump Truck not to exceed $76,000
3. Utility/Service Truck not to exceed $38,000
4. Leaf Vacuum not to exceed $34,300

AUTHORIZING THE EXPENDITURE OF HIGHWAY MONEYS FOR GENERAL REPAIR:
Resolution # 197-2018:

A Motion was made by Councilman Drabkin authorizing the expenditure of highway monies for 2018 highway work schedule general repairs not to exceed the sum of $139,354 in accordance with Highway Law §284, as presented by the Highway Superintendent. $110,630 shall be contingent on the securing of a Bond Anticipation Note (BAN) and $28,724 shall be as an expense of the 2018 Highway Fund budget. The approved agreement shall be signed by a majority of the Town Board members, the Highway Superintendent, and the County Superintendent of Highways.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

TOTAL not to exceed $139,354
From BAN not to exceed $110,630
1. Pugmill and Pave not to exceed $9,737 (BAN)
VanDemark Lane,
Hilltop Terrace,
Academy Street,
Berme Road
2. Single Chip Seal not to exceed $20,893 (BAN)
VanDemark Lane,
Hilltop Terrace,
Academy Street,
Old Mine Road,
Berme Road
3. Guard Rails not to exceed $10,000
Boice Mill Road,
Upper Whitfield Road,
Hill Top Terrace
4. Culverts not to exceed $10,000
5. Equipment Rentals not to exceed $35,000
6. Stone not to exceed $20,000

From 2018 Budget not to exceed $28,724
7. Single Chip Seal not to exceed $28,724 (Budget)
Schroon Hill Road,
Dug Road,
DeWitt Road,
Sundale Road

a) Authorization for Supervisor to Seek a BAN on Behalf of the Town
Recommended Resolution; (see separate page)

AUTHORIZATION FOR SUPERVISOR TO SEEK A BAN ON BEHALF OF THE TOWN:
Resolution # 198-2018:

A Motion was made by Councilman Drabkin AUTHORIZING VARIOUS PURPOSES IN AND FOR THE TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK, AT AN AGGREGATE MAXIMUM ESTIMATED COST OF $311,165 AND AUTHORIZING THE ISSUANCE OF $311,165 SERIAL BONDS OF SAID TOWN TO PAY COSTS THEREOF.
BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Town Board of the Town of Rochester, Ulster County, New York, as follows:
Section 1. For the purpose of paying the cost of various purposes in and for the Town of Rochester, Ulster County, New York, there are hereby authorized to be issued $311,135 bonds of said Town pursuant to the provisions of the Local Finance Law, apportioned among such items as set forth below:
a) The reconstruction and resurfacing of roads, including curbs, gutters, sidewalks, drainage and costs incidental thereto, at a maximum estimated cost of $110,630. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $110,630 serial bonds of the $311,165 serial bonds authorized to be issued therefor pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; and
b) The purchase of heavy equipment for the Highway Department at a maximum estimated cost of $200,535. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $200,535 serial bonds of the $311,165 serial bonds authorized to be issued therefor pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law.
Section 2. It is hereby further determined that the maximum maturity of the serial bonds herein authorized for each of the above-described objects or purposes shall not exceed five years.
Section 4. The faith and credit of said Town of Rochester, Ulster County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law.
Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law.
Section 7. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein.
Section 9. Upon this resolution taking effect, the same shall be published in summary form in the official newspaper of said Town designated for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Section 10. This resolution takes effect immediately.
Second: Councilwoman Haugen-Depuy
Discussion: Councilwoman Haugen-Depuy stated that with this BAN the Highway department is now approximately $ 593,000 in debt?
Supervisor Baden stated yes but the $ 311,165 is 100% reimbursed by CHIPS.

ROLL CALL:
Councilman Drabkin aye
Councilwoman Fornino aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Supervisor Baden aye
Aye: 5 nay: 0 abstain: 0 motion carried

ABSOLUTE AUCTION SALES:
Resolution # 199-2018:

A Motion was made by Councilman Drabkin to approve the following bid amounts;

1999 International Dump Truck (vin# 1HTGBADR1XH647013) $ 2800
1999 International Dump Truck (vin# 1HTGBADRXXH647012) $ 3200
Second: Councilwoman Haugen-Depuy
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZATION TO ADVERTISE A REQUEST FOR PROPOSAL (RFP) FOR RECONSTRUCTION OF TOWN PARK:
Resolution # 200-2018:

A Motion was made by Councilman Drabkin 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.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

DISCUSSION:

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

Councilman Drabkin suggested that Supervisor Baden discuss the fee with the Code Enforcement office and give the Town Board a recommendation. The Board agreed.

COUNTY FUEL BID:

Supervisor Baden stated that Bottini Fuel is the low bid on the County Fuel Bid. He will put together a spread sheet and the Board can talk about it at a later date.

ADJOURNMENT

A Motion was made by Councilman Drabkin to adjourn the meeting at 8:51 pm.
Second: Councilwoman Fornino
Discussion:
Aye: 5 nay: 0 abstain: 0 motion carried

Respectfully Submitted,

Christina Ferrara
Deputy Town Clerk