The Regular Town Board Meeting was held on November 1, 2018 at 7:42pm at the Town of Rochester Town Hall.

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

APPROVAL OF MINUTES:
Resolution # 345 -2018:
A Motion was made by Councilman Hewitt to approve the following;
Oct. 4, 2018 Public Hearing, Local Law #6
Oct. 4, 2018 Public Hearing, Local Law #7
Oct. 4, 2018 Public Hearing, EEO Zoning District parcel inclusion
Oct. 4, 2018 Regular meeting
Oct. 11, 2018 Special meeting – Budget Workshop
Oct. 18, 2018 Special meeting – Budget Workshop
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

Supervisor’s Report

ATTORNEY for the TOWN UPDATE: nothing to report.

LIAISON REPORTS:
Councilwoman Haugen-Depuy: PB / ZBA: for the month of October $1425.00 collected for a year to date total of $ 6,514.60.
Building Department: for the month of October $ 64,121 collected. Supervisor Baden stated the Borrego Solar permit for the Town was $ 57,000.00( the Route 2009 site)
Councilwoman Fornino: Youth Commission: The Thanksgiving Luncheon will be held on 11/20/18 from 11:30-1:30pm. Call the youth commission to sign up or make donations.
Councilman Hewitt: O & W Rail Trail meeting: Carl Pezzino presented a full map of the whole Rail Trail. Drawing designs of the Kiosks were presented so all the kiosks will match on the trial. By the end of 2019 the trail from Kerhonkson to Ellenville will be complete.
Supervisor Baden: Scenic Byway: brochures were printed thanks to County Tourism grant funding.
NY Rising projects: There were 3 projects that were going to be funded by the NY Rising Grant.
1. Rochester Food Pantry. Ground breaking Ceremony will be held on November 3, 2018 at 10 am. This addition will also be an emergency shelter location with new generator, showers, bathrooms and air conditioning. This project will be completed in 4-5 months and the previous Town Board dedicated naming the Pantry the Doris and Ed Lamon Food Pantry.
2. Alligerville Firehouse: will also be an emergency shelter. This project will be at the same location the current firehouse is located. The plan is to cut back on some of the existing firehouse and build a new structure from that point out. It will be significantly larger. It will be able to accommodate 2 of the large fire trucks at no cost to the Fire Company or the Town.
3. Mooney Pond: This project is on private property. The berme is thinning if the berme breaks it will more than likely take out the campground and parts of Accord. Nothing can be repaired only removed. The Pond would have to be drained. The homeowner has decided to rectify the issue themselves. They were supplied the engineering studies that were conducted and the project was terminated last week.

Supervisor’s Update
A Big Thank you to Shane Ricks! Thanks to Shane the Town of Rochester was donated a Callery Pear Tree. Number 523 by the survivor tree project. The Tree was planted in the Veteran’s Park. Each year the 9/11 Memorial gives seedlings from the Survivor tree to communities. The survivor tree was removed from the rubble of the world trade towers and placed in the care of the New York City Department of parks and recreation. The Town is honoured to be a recipient of the program. Supervisor Baden is coordinating with the VFW to pay tribute to Veteran’s for Veteran’s Day.

Town Calendar
Nov. 8 Planning Board Harold Lipton Community Ctr 7 pm
Nov. 8 Environmental Conservation Commission Town Hall 6pm
Nov. 15 Zoning Board of Appeals Harold Lipton Community Ctr 7 pm
Nov. 19 Historic Preservation Commission Town Hall 2pm
Nov. 20 Ulster County Legislature County Office Bldg., Kingston 7 pm
Nov. 29 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm

PUBLIC COMMENT:

Gerry Fornino thanked the Board for getting the showers at the Community Center for the Emergency Shelter. Anyone who was working the storms during the Hurricane understands the importance of having running water.

Elaine La Flamme asked what would happen to the Alligerville Schoolhouse.
Supervisor Baden stated that structure will not be touched. Windows may be replaced but that is it.

DISCUSSION:

Assessor’s office air quality: There is no ventilation, after testing 3 parts mold was found in the office.
Councilman Drabkin asked about an exhaust fan for the office. Supervisor Baden stated he is waiting to hear back regarding a filtration system.
Courthouse annex reconstruction quote: The company that was recently awarded the bid and began construction can no longer complete the project. Attorney Christiana stated that a release of work needs to be sent and another quote or an attempt for the remaining work is needed.
Transfer Station tire fees:

TRANSFER STATION TIRE INCREASE:
Resolution # 346-2018:

A Motion was made by Councilman Drabkin to increase the tire fees as indicated immediately.

Up to 16’ $ 3.50 w/o rims $ 5.25 w/ rims
Larger $ 15.00
Bigger Tires $ 5.00 per ply
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

SETTING A SPECIAL MEETING:
Resolution # 347-2018:

A Motion was made by Councilman Drabkin to schedule a special meeting for November 13, 2018 at 6:30pm at Town Hall, 50 Scenic Road, Accord, NY for the purpose of reviewing and adopting a final Town budget for fiscal year 2019 and directs the Town Clerk to post and circulate notice of such. The meeting previously announced as scheduled November 15, 2018 at 6:30pm at Town Hall, 50 Scenic Road, Accord, NY is cancelled.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

BUDGET AMENDMENTS-GENERAL FUND:
Resolution # 348-2018:

A Motion was made by Councilman Drabkin to approve the following General Fund budget amendments, as recommended by the Town Supervisor
A1110.1 Justices PS -$4,000 New Budgeted $109,950
A1110.4 Justices CE +$4,000 New Budgeted $16,650

A1480.4 Public Info CE -$2,500 New Budgeted $0
A1920.4 Contingency -$3,200 New Budgeted $0
A1220.4 Supervisor CE +$4,000 New Budgeted $18,480
A1430.4 Personnel CE +$1,700 New Budgeted $4,600

ACCEPTING A DONATION:
Resolution # 349-2018:

A Motion was made by Councilman Hewitt to accept donations of;

$104.00 collected from various people by the Recreation Department during Heritage Day
$125 from Arlene Levine for Thanksgiving Community lunch
$153 from the Rochester Senior Group for bus driver wages for the trip to Resorts World Catskills casino
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

CHANGE IN HOURS OF PUBLIC OPERATION:
Resolution # 350-2018:

A Motion the Town Board adopts these changes in hours of operation open for public business for the following offices;
Justice Court – M,T,W,Th 9am-4pm (effective October 1, 2018)
Planning and Zoning Office – M,T,Th,F 9am-12pm, 1pm-4pm; W 9am-1pm
(effective November 13, 2018)
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

CHANGE IN POSITION FOR PLANNING AND ZONING SECRETARY:
Resolution # 351-2018:

A Motion was made by Councilman Drabkin effective Nov. 13, 2018 the Town Board hereby adopts a change in position for the Planning and Zoning Secretary from 35 hours per week to 28 hours per week PLUS all monthly meeting hours, additionally. The position will be changed from (FT) to (PT), and all benefits as expressed in the Compensation and Benefits Manual shall apply.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

APPOINTMENT OF PLANNING AND ZONING SECRETARY:
Resolution # 352-2018:

A Motion was made by Councilman Drabkin appointing Brianna Tetro to serve in the position of Planning and Zoning Board of Appeals Secretary for the hours designated to the position at a rate of $16.00 per hour, effective November 11, 2018.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

DESIGNATION OF 2ND DEPUTY TOWN CLERK:

Kathleen Gundberg, Town of Rochester Town Clerk hereby appoints Bettina Post to serve in the vacant position of 2nd Deputy Town Clerk, for an average of 17.5 hours per week/per year, subject to the 2018 Wage and Salary Schedule and any and all training or certification requirements, effective November 11, 2018.

COMPENSATION FOR TRAINING:
Resolution # 353-2018:

A Motion was made by Councilman Drabkin to compensate Shaye Davis contractually at a per hour rate of $18.00 for a period of November 10, 2018 – December 31, 2018 to assist in any and all training as may be determined needed for the Planning and Zoning Board Secretary, upon approval of the Supervisor.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried

APPOINTMENT TO THE ENVIRONMENTAL CONSERVATION COMMISSION:
Resolution # 354-2018:

A Motion was made by Councilman Drabkin appointing Madeline Russo to membership to the Town of Rochester Environmental Conservation Commission for a term to end Dec. 31, 2020 and directs the Town Clerk to send notice of the requirements of Oath of Office.
Second: Councilman Hewitt
Discussion: Supervisor Baden thanked Rick Jones for serving on the ECC. Rick has moved on to the IDA at the County! Thank you for all your dedication.
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO ACCEPT A QUOTE FOR PURCHASE OF TIRES:
Resolution # 355-2018:

Quotes:
Van Kleeck’s Tire, Inc.
4 @ 265-70R-18 $192.96/tire – unmounted
Total Quote: $771.84 – unmounted

Gene’s Tire Service
4 @ 265-70R-18 $209.00/tire – mounted
Total Quote: $836.00 – mounted

A Motion was made by Councilwoman Haugen-Depuy Accepting the quote from Gene’s Tire Service for the purchase of 4 tires in the amount of $836, mounted, and authorizing the buildings & grounds Supervisor to order same.
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

WAIVER OF COMPENSATION AND BENEFITS MANUAL, PART 6-2 MEDICAL INSURANCE FOR RETIREES, Part 6.2.7 Premium Payment:
Resolution # 356-2018:

A Motion was made by Councilman Drabkin that; The Town Board hereby waives the application of Compensation and Benefits Manual, Part 6-2 Medical Insurance for Retirees, Part 6.2.7 Premium Payment for all retirees and spouses enrolled in the MVP Gold Plan as of December 1, 2018. All retirees currently enrolled shall make any payment percentages of the monthly premium as they currently make on or before the first day of each month. Any retirees after December 1, 2018 shall be responsible for payment as detailed in the Compensation and Benefits Manual, Part 6-2 Medical Insurance for Retirees, Part 6.2.7 Premium Payment. This waiver is granted for the period of December 1, 2018 through December 31, 2019.
Second: Councilwoman Haugen-Depuy
Aye: 5 nay: 0 abstain: 0 motion carried

AUTHORIZING THE SUPERVISOR TO SIGN A LAND USE AND CONSTRUCTION PERMIT OF AUTHORIZATION – AIRPORT ROAD:
Resolution # 357-2018:

A Motion was made by Councilman Drabkin authorizing the Town Supervisor to sign, on behalf of the Town, an authorization enabling Independent Wireless One Leased Realty Corp, d/b/a Sprint, American Tower, their parents, subsidiaries, affiliates, successors, assigns, contractors, and agents to act as non-exclusive agent for the sole purpose of filing and consummating any current or future land-use or construction permit applications as may be required by the applicable permitting authorities for Sprint’s proposed equipment, consisting of installing six new antennas on existing cell tower along with a new 10’x12’ equipment pad inside existing fenced compound. No changes in tower height, no changes in compound footprint.
Second: Councilman Hewitt
Aye: 5 nay: 0 abstain: 0 motion carried

RENEWAL OF ACCORD SPEEDWAY RACING PERMIT:
Resolution # 358-2018:

A Motion was made by Councilman Drabkin authorizing the racing permit renewal to Accord Speedway, Inc., pursuant to Town of Rochester Code §107-4C and all other conditions as specified in Town of Rochester Code §107.
Such permit is authorized only contingent upon presentation of the following proofs to the Town Board prior to commencement of the 2019 racing schedule.
1. Each year an Ulster County Health Department permit shall be required for all food concessions on the racetrack premises as a condition precedent to obtaining a permit from the town to operate said racetrack.
2. The applicant shall provide proof of compliance with Ulster County Health Department regulations as they pertain to lavatories and septic facilities as a condition precedent to obtaining a permit from the town to operate said racetrack.
3. Liability insurance. The permittee shall at all times maintain in full force and effect a public liability insurance policy in amounts not less than $1,000,000 for damages in which one person is killed or injured per occurrence and not less than $2,000,000 for damages in which more than one person is killed or injured per occurrence. A certificate of insurance naming the Town of Rochester as an additional insured must be filed with the Town Clerk at least five days prior to the first date of racetrack usage specified in the permit. Said certificate shall bear the, name of the insurance company, the policy number, the term of the policy, the above-specified amounts and the name and address of the permittee’s insurance agent.
4. The permit holder shall deposit with the Town Clerk $1000 for the Town Code Enforcement Officer’s use in hiring an independent sound expert to perform sound measurements and issue report(s) to the Town Board and the Code Enforcement Officer with respect to the permit holder’s compliance with the noise requirements of this chapter. This amount is for one testing. Should additional testing be determined to be warranted for said measurements; which may be taken two times during the racing season at the sole expense of the permit holder; an additional $1000 shall be required at such time. Additional measurements above two obtained by the town during the racing season shall be at the sole expense of the town.
5. The Town Board grants the Supervisor the authority to review and certify these conditions have been complied with without further resolution
Second: Councilwoman Fornino
Aye: 5 nay: 0 abstain: 0 motion carried

The Town Board further accepts the racing schedule as presented for actual racing dates. Dates listed as rain dates may be utilized only to replace a rained out approved event date.

The Town Board further states, upon verification with the Code Enforcement Officer, there are no outstanding notices of violation issued by the Town.

The Town Board further states, upon information from the Code Enforcement Officer, the sound testing for 2018 will occur on November 3, 2018 as it was unable to be scheduled due to 11 rainout racing sessions in the 2018 season. Results shall be made available to the Town Board.

AUTHORIZING THE SUPERVISOR TO SIGN THE FOLLOWING UPON THE ADVICE OF THE TOWN ATTORNEY:

A Motion was made by Councilman Drabkin and seconded by Councilman Hewitt to approve Resolutions # 359-356 of 2018.
Aye: 5 nay: 0 abstain: 0 motion carried

Memorandum and Commitment
Resolution # 359-2018:

The Town Board authorizes the Supervisor to sign the MEMORANDUM OF COMMITMENT (this “Memorandum”), effective as of November 1, 2018 (the “Effective Date”), and entered into by and between the TOWN OF ROCHESTER, Ulster County, New York, a municipality with an address of Rochester Town Hall, 50 Scenic Road, P.O. Box 65, Accord, New York 12404 (the “Town”) and, OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company, 1814 Franklin Street, Suite 700, Oakland, California 94612 (the “Developer”).

Memorandum and Option of Lease
Resolution # 360-2018:

The Town Board authorizes the Supervisor to sign the MEMORANDUM OF OPTION AND LEASE made as of November 1, 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 OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company, having an address of 1814 Franklin Street, Suite 700, Oakland, CA 94612 (“Lessee”).

First Amendment of Lease
Resolution # 361-2018:

The Town Board authorizes the Supervisor to sign the FIRST AMENDMENT OF LEASE (“Agreement”), made effective as of November 1, 2018 (“Effective Date”), by and between OFF AIRPORT ROAD WEST SOLAR, LLC (“Lessee”), and the TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK (the “Lessor”), each a “Party” and collectively the “Parties”.

Site License Agreement (Logging)
Resolution # 362-2018:

The Town Board authorizes the Supervisor to sign the SITE LICENSE AGREEMENT (LOGGING), dated as of November 1, 2018 (the “Effective Date”), by and between OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company (“Licensee”), and TOWN OF ROCHESTER, Ulster County, New York (“Licensor”).

Site License Agreement (Mining)
Resolution # 363-2018:

The Town Board authorizes the Supervisor to sign the SITE LICENSE AGREEMENT (MINING), dated as of November 1, 2018 (the “Effective Date”), by and between OFF AIRPORT ROAD WEST SOLAR, LLC, a Delaware limited liability company (“Licensee”), and TOWN OF ROCHESTER, Ulster County, New York (“Licensor”).

Request for approval to apply for logging permit
Resolution # 364-2018:

The Town of Rochester Town Board, as owner of record for the parcel known as SBL 69.3-2-100, located at Airport Road, authorizes OFF AIRPORT ROAD WEST SOLAR, LLC to apply on the Town’s behalf for a Logging Permit from the Town of Rochester Code Enforcement Office.

Authorizing the Supervisor to Sign the Modification of NYS DEC Mined Land Reclamation Permit
Resolution # 365-2018:
The Town Board authorizes the Town Supervisor to sign the modification application for NYSDEC Mined Land Mine ID #30077, Airport Road, to install solar panel array.

ADJOURNMENT:

A Motion was made by Councilman Drabkin to adjourn the meeting at 8:49pm.

Second: Councilwoman Fornino motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK