Town Board Special Meeting – February 2021

The Town of Rochester Town Board held a Special Meeting on February 11, 2021 at 6:30pm via Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
Listening Dial in Number +1 929 205 6099 Meeting ID: 811 1423 5623 Password: 484542

Supervisor Baden called the meeting to order and led in the Pledge of Allegiance to the Flag.

PRESENT:

Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Town Attorney Marylou Christiana

REQUEST TO CONSIDER ZONING DISTRICT INCLUSION IN THE ECONONIC ENTERPRISE OVERLAY DISTRICT:

Walnut Brook LLC
5688 Route 209, Accord, NY
SBL 76.2-2-10, 15.4 acres
B Zoning District, AP and FD Overlay Zoning District

Representatives of Walnut Brook LLC
Business partners: Kenan Gunduz, Kerry Daneberg, Jeff Coyne, Paul-Engineer of project

Kenan opened the discussion with the idea of the proposed development as adaptive reuse. This would be a self-funded good quality affordable fair priced housing for the Ulster County area.

The Board reviewed the site plan with the applicants and discussed building elevations, flood zones, density factors, septic and well concerns, DEC involvement and number of housing units.

It was agreed upon by all to request a Gateway meeting with the Ulster County Planning Board to discuss the plans further.

REQUEST FOR GATEWAY MEETING WITH UC PLANNING BOARD:
Resolution # 99-2021

A Motion was made by Supervisor Baden that the Town Board authorizes the Town Supervisor to refer to the Ulster County Planning Board for the request of a gateway meeting regarding Walnut Brook LLC’s potential EEO application.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye

5-0 aye, motion carried

AWARD OF BID, ALLIGERVILLE FIRE STATION AND EMERGENCY SHELTER: GENERAL CONSTRUCTION:
Resolution # 100-2021:

A Motion was made by Councilman Paddock;

WHEREAS, the Town of Rochester, New York applied for and obtained funding for the project titled, “Alligerville Fire Station and Emergency Shelter” through a Community Development Block Grant Recovery (CDBG-DR) obtained through the New York State Governor’s Office of Storm Recovery (GOSR), New York Rising Community Reconstruction Program; and
WHEREAS, the New York Governor’s Office of Storm Recovery reviewed plans and specifications and other required documentation and by email communication, submitted by Alfandre Architecture, and, by email communication on November 25, 2020, approved said documents; and
WHEREAS, the project was formally bid in accordance with municipal requirements, and publicly advertised on December 10, 2020; and
WHEREAS, in accordance with Wick’s Law requirements, the project was released with four separate bid forms, requiring separate bid forms for General Contracting, Electrical Contracting, HVAC Contracting, and Plumbing Contracting; and
WHEREAS, respondents were to return bid responses no later than Friday, January 22, 2021, at 3:00 PM and
WHEREAS, respondents were required to submit a base bid, acknowledge allowances, and include in their Base Contract any or all Alternate/Deduct Scopes of Work as described on the released bid form: and
WHEREAS, four (4) General Construction bids were received on January 22, 2021 and publicly opened and read aloud, with the lowest responsible bid at $1,235,000.00 and the highest bid $1,578,347.00; and
WHEREAS, the lowest responsible bidder for General Construction services is Meyer Contracting Corporation, 12 Charles Street, Pleasant Valley, NY 12569, in the amount of $1,235,000.00.
THEREFORE, BE IT RESOLVED that the Town of Rochester, NY selects and awards a contract agreement to Meyer Contracting Corporation in the amount of $1,235,000.00, contingent upon GOSR review and authorization to execute said contract agreement.
By Order of the Town Board of the Town of Rochester, New York, on this ¬¬¬¬11th day of February, 2021.
Second: Councilwoman Enouen
Discussion: Councilwoman Haugen-Depuy asked if the Company submitted the BOND of equal amount and is there cost overrun budgeted?
Supervisor Baden : There is 10 % set aside for cost over run and yes each company is required to submit BOND.
Second: Councilwoman Enouen

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye

5-0 aye, motion carried

AWARD OF BID; ALLIGERVILLE FIRE STATION AND EMERGENCY SHELTER: ELECTRICAL CONTRACTING:
Resolution # 101-2021:

A Motion was made by Councilwoman Enouen;

WHEREAS, the Town of Rochester, New York applied for and obtained funding for the project titled, “Alligerville Fire Station and Emergency Shelter” through a Community Development Block Grant Recovery (CDBG-DR) obtained through the New York State Governor’s Office of Storm Recovery (GOSR), New York Rising Community Reconstruction Program; and
WHEREAS, the New York Governor’s Office of Storm Recovery reviewed plans and specifications and other required documentation and by email communication, submitted by Alfandre Architecture, and, by email communication on November 25, 2020, approved said documents; and
WHEREAS, the project was formally bid in accordance with municipal requirements, and publicly advertised on December 10, 2020; and
WHEREAS, in accordance with Wick’s Law requirements, the project was released with four separate bid forms, requiring separate bid forms for General Contracting, Electrical Contracting, HVAC Contracting, and Plumbing Contracting; and
WHEREAS, respondents were to return bid responses no later than Friday, January 22, 2021, at 3:00 PM and
WHEREAS, respondents were required to submit a base bid, acknowledge allowances, and include in their Base Contract any or all Alternate/Deduct Scopes of Work as described on the released bid form: and
WHEREAS, four (4) Electrical Contracting Bids were received on January 22, 2021 and publicly opened and read aloud, with the lowest responsible bid at $197,489.00 and the highest bid $265,200.00; and
WHEREAS, the lowest responsible bidder for Electrical Contracting services is Mehl Electric Company, Inc., 74 South Main Street, Pearl River, NY, 10965, in the amount of $197,489.00.
THEREFORE, BE IT RESOLVED that the Town of Rochester, NY selects and awards a contract agreement to Mehl Electric Company, Inc. the amount of $197,489.00, contingent upon GOSR review and authorization to execute said contract agreement.
By Order of the Town Board of the Town of Rochester, New York, on this ¬¬¬¬11th day of February, 2021.

Second: Councilwoman Haugen-Depuy

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye

5-0 aye, motion carried

AWARD OF BID; ALLIGERVILLE FIRE STATION AND EMERGENCY SHELTER:MECHANICAL CONSTRUCTION:
Resolution # 102-2021:

A Motion was made by Supervisor Baden;

WHEREAS, the Town of Rochester, New York applied for and obtained funding for the project titled, “Alligerville Fire Station and Emergency Shelter” through a Community Development Block Grant Recovery (CDBG-DR) obtained through the New York State Governor’s Office of Storm Recovery (GOSR), New York Rising Community Reconstruction Program; and
WHEREAS, the New York Governor’s Office of Storm Recovery reviewed plans and specifications and other required documentation and by email communication, submitted by Alfandre Architecture, and, by email communication on November 25, 2020, approved said documents; and
WHEREAS, the project was formally bid in accordance with municipal requirements, and publicly advertised on December 10, 2020; and
WHEREAS, in accordance with Wick’s Law requirements, the project was released with four separate bid forms, requiring separate bid forms for General Contracting, Electrical Contracting, HVAC Contracting, and Plumbing Contracting; and
WHEREAS, respondents were to return bid responses no later than Friday, January 22, 2021, at 3:00 PM and
WHEREAS, respondents were required to submit a base bid, acknowledge allowances, and include in their Base Contract any or all Alternate/Deduct Scopes of Work as described on the released bid form: and
WHEREAS, two (2) Mechanical Construction bids were received on January 22, 2021 and publicly opened and read aloud, with the lowest responsible bid at $417,000 and the highest bid $418,000.00; and
WHEREAS, the lowest responsible bidder for Mechanical Construction services is T. McElligott, Inc., of 589 River Street, Troy, NY 12180, in the amount of $417,000.00.
THEREFORE, BE IT RESOLVED that the Town of Rochester, NY selects and awards a contract agreement to T. McElligott, Inc. in the amount of $417,000.00, contingent upon GOSR review and authorization to execute said contract agreement.
By Order of the Town Board of the Town of Rochester, New York, on this ¬¬¬¬11th day of February, 2021.

Second: Councilman Hewitt

ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye

5-0 aye, motion carried

TOWN OF ROCHESTER TOWN HALL: FIRE ALARM DISCUSSION:

Supervisor Baden stated that 6 bids were received ranging from a low bid of $16,471.00 to a high bid of $36,141.06. The lowest bid is not as detailed as the others and was the only company that did not tour the building. We can contact the lowest bidder to see if they realize what the job entails and request more specificity. We can award the bid, reject all the bids or allow Attorney Christiana to do a little more research regarding the lowest responsible bidder.
The Board agreed to allow Attorney Christiana to do a little more research and they will discuss it further at the Audit/workshop meeting.

AUTHORIZING THE SUPERVISOR TO EXECUTE A CONTRACT:
Resolution # 103-2021:
A Motion was made by Councilwoman Enouen that the Town Board authorizes the Town Supervisor to execute a contract between the Town of Rochester and Rebecca Paddock-Stange for the services of consultant to the Code Enforcement Office for a one-month period commencing on Feb. 8, 2021 at a rate of $30.00 per hour, contractually, to assist in the training of the Zoning Coordinator. All hours of work shall be certified by the Code Enforcement Officer as to the accuracy.
Second: Supervisor Baden
ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock RECUSED
Supervisor Baden aye

4-0 aye, motion carried

SCHEDULING PUBLIC HEARING: COMPRENSIVE PLAN :
Resolution # 104-2021:

A Motion was made by Councilwoman Enouen

WHEREAS, the Town of Rochester convened the Comprehensive Plan and Land Use Code Review Committee on February 6, 2020, and

WHEREAS, the committee has met and made written recommendation to the Town Board, and

WHEREAS, the Town Board desires to amend the Comprehensive Plan appendices as follows:
1. to include the Open Space Plan (2015) in its entirety
2. to include the Historic Resources Report (2008) in its entirety
3. to include the Natural Heritage Plan (NHP) pages 1 – 33
4. to include the Natural Heritage Plan (NHP) Appendix A: Conservation Open Area & Critical Environmental Areas Maps (pages 62 – 71)
5. to include the Natural Heritage Plan (NHP) Appendix B: Catskill Shawangunk Greenway Corridor (CSGC) Symposium Summary Report (pages 72 -76)
6. to include the Natural Heritage Plan (NHP) table of figures and details on working groups (pages 77 –82) and

WHEREAS, the Town Board has circulated notice and the documents of such amendment to the Ulster County Planning Board, The NYS Office of Parks, Recreation, and Historic Preservation, the NYS Department of Agriculture and Markets, the Town of Rochester Planning Board, the Town of Rochester Environmental Conservation Commission, and the Town of Rochester Historic Preservation Commission with request for comment, and
THEREFORE, pursuant to NYS Town Law, Article 16, Section 272-A, the Town Board requests the Town Clerk circulate and post notice of a public hearing to be held March 23, 2020 at 6:30pm, to be held at the Harold Lipton Community Center, 15 Tobacco Rd, Accord, NY or via videoconference in compliance with the Governor’s Executive Order 202.1 and successors and requests the Town Clerk post and advertise legal notice of such public hearing.
Second: Councilman Paddock
DISCUSSION:
Councilwoman Enouen stated that she would like to have the public hearing and have an open and transparent discussion with the public.
Supervisor Baden that there are questions that need to be answered and though he is on the fence on the outcome he feels the public hearing is necessary.
ROLL CALL:

Councilwoman Enouen aye
Councilwoman Haugen-Depuy nay
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye

4-1 aye, motion carried

ADJOURNMENT:

A Motion was made by Councilman Hewitt to adjourn the meeting at 8:11pm.
Second: Councilwoman Enouen motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK