Town Board Special Meeting – November 1, 2017

A Special Meeting was held on November 1, 2017 at 7pm at the town of Rochester Town Hall to approve the bills for the month of October, set public hearing on 2018 Budget and to amend resolutions regarding Borrego Solar contract.
PRESENT:
Deputy Supervisor Drabkin Councilwoman Chachkin Councilwoman Fornino
Councilwoman Haugen-Depuy Town Clerk Gundberg Attorney Christiana

ABSENT:

Supervisor Chipman

PLEDGE:

Deputy Supervisor Drabkin opened the meeting and led in the Pledge of Allegiance to the Flag.

UPDATE:

Deputy Supervisor Drabkin gave an update on Supervisor Chipman stating that he is recovering from surgery to remove a brain tumor and is expected to do rehabilitation at Mountain View Nursing home in New Paltz.

APPROVAL OF THE BILLS:

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

General Fund Abstract 10-2017 $ 42,621.93
Highway Fund Abstract 10-2017 $ 39,957.42
Street lighting $ 396.17
_______________________
$ 82,975.52

Seconded by: Councilwoman Fornino 4-0aye, motion carried
Chipman absent

REVOKE RESOLUTION # 80-2017:
Resolution # 110-2017:

A Motion was made by Councilwoman Chachkin that;

WHEREAS the Town Board of the Town of Rochester sought proposals for the lease and development of a community solar facility on Town Property located at 6140 Route 209 in the Town of Rochester , designated as tax map parcel 76.1-3-17; and

WHEREAS the Town Board reviewed all submitted proposals and accepted the proposal of Borrego Solar Systems Inc. on April 6, 2017; and

WHEREAS the Town Board, on June 14, 2017, issued a negative declaration pursuant to 6 NYCRR 617 by resolution # 79-2017; and

WHEREAS the Town Board, therefore approved a lease agreement with Borrego Solar Systems, Inc. for the lease and development of a solar facility at the premises by resolution # 80-2017; and

WHEREAS the Town inadvertently failed to properly notice that the lease agreement was subject to a Permissive Referendum in accordance with Town Law Sections 64 and 90; and

WHEREAS the Town Board recognizes their error and the necessity of correcting said error;

NOW therefore be it resolved that resolution # 80-2017 is hereby revoked.

Seconded by: Councilwoman Haugen Depuy with the explanation that this land is believed to be the sand mine.

4-0aye, motion carried
Chipman Absent

APPROVAL OF CONTRACT WITH TOWN OF ROCHESTER/ BORREGO SOLAR RTE 209 PROPERTY:
Resolution # 111-2017:

A Motion was made by Councilwoman Chachkin that;

WHEREAS the Town Board of the Town of Rochester sought proposals for the lease and development of a community solar facility on Town property located at 6140 Route 209 in the Town of Rochester , designated as tax map parcel 76.1-3-17; and

WHEREAS the Town Board reviewed all submitted proposals and accepted the proposal of Borrego Solar Systems Inc., on April 6, 2017; and

WHEREAS the Town Board on June 14, 2017, issued a negative declaration pursuant to 6 NYCRR 617 by resolution # 79-2017; and

WHEREAS the Town Board, thereafter approved a lease agreement with Borrego Solar Systems, Inc. for the lease and development of a solar facility at the premises by resolution # 80-2017; and

WHEREAS the Town inadvertently failed to properly notice that the lease agreement was subject to a Permissive Referendum in accordance with Town Law Sections 64 and 90; and

WHEREAS the Town Board revoked resolution # 80-2017 and

WHEREAS THE Town Board has determined that entering into the annexed lease agreement with Borrego Solar Systems, Inc., is in the best interest of the Town of Rochester;

NOW THEREFORE BE IT RESOLVED that the Town Board hereby resolves to enter into the annexed lease agreement with Borrego Solar Systems, Inc., said lease being subject to permissive referendum pursuant to article 7 of the NYS Town Law; and

The Town Clerk is hereby authorized and directed to provide proper legal notice as set forth in NYS Town Law Section 90

Seconded by: Councilwoman Haugen Depuy with the explanation that this land is believed to be the sand mine.

4-0aye, motion carried
Chipman Absent
REVOKE RESOLUTION # 86-2017:
Resolution # 112-2017:

A Motion was made by Councilwoman Haugen-Depuy that;

WHEREAS the Town Board of the Town of Rochester sought proposals for the lease and development of a community solar facility on Town Property located on Airport Road in the Town of Rochester , designated as tax map parcel 69.3-2-41.100; and

WHEREAS the Town Board reviewed all submitted proposals and accepted the proposal of Borrego Solar Systems Inc. on April 6, 2017; and

WHEREAS the Town Board, on July 6, 2017 issued a negative declaration pursuant to 6 NYCRR 617 by resolution # 86-2017; and

WHEREAS the Town Board, therefore approved a lease agreement with Borrego Solar Systems, Inc. for the lease and development of a solar facility at the premises by resolution # 87-2017; and

WHEREAS the Town inadvertently failed to properly notice that the lease agreement was subject to a Permissive Referendum in accordance with Town Law Sections 64 and 90; and

WHEREAS the Town Board recognizes their error and the necessity of correcting said error;

NOW therefore be it resolved that resolution # 87-2017 is hereby revoked.

Seconded by: Councilwoman Fornino 4-0aye, motion carried
Chipman Absent

APPROVAL OF CONTRACT WITH TOWN OF ROCHESTER/ BORREGO SOLAR AIRPORT ROAD PROPERTY:
Resolution # 113-2017:

A Motion was made by Councilwoman Chachkin that;

WHEREAS the Town Board of the Town of Rochester sought proposals for the lease and development of a community solar facility on Town property located on Airport Road in the Town of Rochester , designated as tax map parcel 69.3-2-41.100; and

WHEREAS the Town Board reviewed all submitted proposals and accepted the proposal of Borrego Solar Systems Inc., on April 6, 2017; and

WHEREAS the Town Board on July 6, 2017, issued a negative declaration pursuant to 6 NYCRR 617 by resolution # 86-2017; and

WHEREAS the Town Board, thereafter approved a lease agreement with Borrego Solar Systems, Inc. for the lease and development of a solar facility at the premises by resolution # 87-2017; and

WHEREAS the Town inadvertently failed to properly notice that the lease agreement was subject to a Permissive Referendum in accordance with Town Law Sections 64 and 90; and

WHEREAS the Town Board revoked resolution # 87-2017; and

WHEREAS THE Town Board has determined that entering into the annexed lease agreement with Borrego Solar Systems, Inc., is in the best interest of the Town of Rochester;

NOW THEREFORE BE IT RESOLVED that the Town Board hereby resolves to enter into the annexed lease agreement with Borrego Solar Systems, Inc., said lease being subject to permissive referendum pursuant to article 7 of the NYS Town Law; and

The Town Clerk is hereby authorized and directed to provide proper legal notice as set forth in NYS Town Law Section 90

Seconded by: Councilwoman Haugen-Depuy 4-0aye, motion carried
Chipman Absent

AUTHORIZE THE TOWN CLERK TO SEND NOTICE TO THE PLANNING/ZBA:
Resolution # 114-2017:

A Motion was made by Councilwoman Chachkin to authorize the Town Clerk to send notice to the Town of Rochester Planning and Zoning departments requesting them to table the site plan applications for the Town of Rochester/ Borrego Solar.

Seconded by: Councilwoman Haugen-Depuy 4-0aye, motion carried
Chipman Absent

AUTHORIZE THE TOWN CLERK TO SEND NOTICE TO THE MEDENBACH:
Resolution # 115-2017:

A Motion was made by Councilwoman Chachkin to authorize the Town Clerk to send notice to the Barry Medenbach of Medenbach & Eggers requesting to seize any further work regarding the closure of the mining permit at 6140 Route 209 Kerhonkson, NY
Seconded by: Councilwoman Haugen-Depuy 4-0aye, motion carried
Chipman Absent

2018 PRELIMINARY BUDGET:

Deputy Supervisor Drabkin presented to the Board the proposed Budget for 2018.

He stated there were some errors that were corrected
1. Cell Tower rental confusion originally $78,000( now coming out) the new adjustment
$ 118,000
2. $ 48,648 removed because of error leaving a difference in the budget of $ -8,536

Town Board members salary increase $28.00 ea. x 4 =$ -112.00

State retirement amount was over by $ 3699.00, originally listed $ 125,364.00 the correct amount is $ 121,665.00 = $+3,699

This made the tax cap increase of; 1.19 %

Deputy Supervisor Drabkin stated that if department heads want any additional revenue they need to submit where they would like to see a cut, the board needs to know where it is going to come from.

Councilwoman Haugen-Depuy stated, “that maybe she misunderstood the purpose of the meeting but she did get the department head proposals together and worked on the budget”

One increase that Deputy Supervisor Drabkin stated he “would like to see is when Carol Dennin retired part-time assistant Ashley Sweeney became full-time and Carl agreed without the consent of the Board to hire her with a raise of approximately $ 5,000. He continued that he did not place it in the budget without discussing it first with the Board and that she should receive the raise. In the budget $ 117,315.14 is listed the youth program personal service line.” The department request was for $ 126, 121.00 which is a decrease from last year ($ 128,391.00)

Councilwoman Haugen –Depuy asked, “Why? She hasn’t learning curved on her own yet, she’s been under Carol’s tutelage, she deserves some raise but 2 % is 2%. My opinion is if you’re giving everyone else 2% she should get 2%.”

Councilwoman Chachkin asked if this was a new employee?

Deputy Supervisor Drabkin stated no

Councilwoman Chachkin stated then she is in a new position and what’s the salary for that position. ($42,452.00)

Town Clerk Gundberg explained that by civil service standards the starting salary is between
$ 35,000.00- $ 38,000.00. Supervisor Chipman agreed to the $ 38,000.00 because of her 16 year experience within the department.

Councilwoman Haugen-Depuy stated, “that’s why the preliminary budget is down because of the youth commission salary decrease.”
Deputy Supervisor stated, “that was correct.”
Councilwoman Chachkin asked, “if the Board should put in the $ 38,000 or discuss it further next week.”
Deputy Supervisor Drabkin would like to put all of this in a list and then take a look at it given the tax cap.

Councilwoman Chachkin asked how the salary was determined?

Deputy Supervisor Drabkin stated, “he took her part-time pay of 20 hours made it 35 hours and gave her 2%.”

Councilwoman Haugen-Depuy suggested, “we approve her at $ 35,000 provisionally she passes and is reachable on the civil service list. We are meeting Civil Service requirements.”

Deputy Supervisor Drabkin stated, “that seems like a reasonable plan.”

Councilwoman Chachkin agreed

Councilwoman Haugen-Depuy discussed the Planning Board contractual line 80-20.4: $1,885.00 is in the budget last year it was $ 4725.00

Deputy Supervisor Drabkin stated,” he cut it but Attorney Christiana stated the $ 1,885.00 won’t cover the Planning Board pay per meeting for the year.”

The Board increased the contractual line back to $ 4,750.00

ZBA:

8010.4: budgeted $ 1885.00 it was changed to $ 2,995.00

Councilwoman Haugen-Depuy:

“Justice Babcock was requesting another full-time clerk and it is reflected in the proposal budget.”

Deputy Supervisor Drabkin stated, “their budget is up about $ 8,000.00.”

Councilwoman Haugen-Depuy: “the part-time clerk makes $ 15.00 per hour and if moved to full-time she will become $ 13.50. Do we want to give them another full-time person or keep them at the level they are at?”

Councilwoman Chachkin asked “what the increase would be? Currently we are at $ 109, 065.00 which is the same as last year. They asked for $ 118,099.00. The difference is what?”

The Board agreed that wouldn’t be the only line that would go up, insurance, retirement would also increase.

The Board agreed to hold off on the full-time for now, but maybe increase the part-time hours.

Deputy Supervisor Drabkin suggested that the new Supervisor can make the decision, line transfers are possible. In order to increase this expense with have to cut some place. We could make the decision to cut but feel the new Town Board come January can make this decision. The Judge was asked in the summer time to demonstrate how the activity at the court has increased and provide those statistics and we haven’t seen those figures. There is a lot more activity at the court but we can’t make increases without cutting something. We can increase revenue but we don’t want the court to be a source of income but rather a source of justice.

Councilwoman Chachkin asked “how advisable is it to count on that sort of transferring, or count on that as a solution. We would still be with the dilemma of cutting it from somewhere?”

Deputy Supervisor Drabkin, “the new Board can make that decision. We need to keep this as simple as we can and let the new Board decide.”

The Board agreed.

Councilwoman Haugen-Depuy asked if the BAN would be paid by the end of the year?

Deputy Supervisor Drabkin stated that the BAN will be paid off when the CHIPS money is received.

The BAN interest is estimated for $ 7,924 to cover it for the year if it is not paid.

Councilwoman Chachkin on public safety personal services there is an increase in the personal service end (Constabulary). Is that because of additional hire’s?

The answer was yes and clarified that revenues coming in from the Constabulary to be
$ 62,000.00

In the Budget we have the revenue set at $ 80,000.00.

Councilwoman Haugen-Depuy stated, “her comment on the revenue side is to point out that even though we budgeted them for $ 26,201.00 they have already brought in $ 62,000.00 this year pretty close to tripling, so there are bringing in more than they are putting out.”

Councilwoman Chachkin asked to discuss the Highway Budget. There was a lengthy letter sent to the Board regarding explanations of the budget.

Deputy Supervisor Drabkin stated “that he saw the letter but again if we increase the highway budget we need to cut from somewhere else.”

Councilwoman Chachkin stated, “it is important that the highway department has what it needs.

Deputy Supervisor Drabkin stated, “in the past the Highway has been able to purchase new trucks but instead of paying cash we may have to take out loans to pay for the truck.”

Councilwoman Chachkin stated, “she doesn’t feel that this should all be placed on the new Board. Highway is too important. We need to talk about what needs to be increased and why. One thing we need to have is the readjusted budget from what we did tonight so far so we can see where we are, we reduced the Highway budget by $ 87,408.00 from the department heads request.”

Personal Services was increased according to the Collective Bargaining Agreement.

The greatest increase was Bridges. $ 150,000.00 was proposed and the budget line is $ 0.

Deputy Supervisor Drabkin asked, “where the cut would be, the new Board can make the decision to borrow money to fix the bridge, to borrow money to buy the trucks, or eliminate a program.”

Councilwoman Haugen-Depuy stated, “It’s this Board responsibility as a seated Board at this time to try to remediate or move and place the money. It’s not for after next year. These requests need to be discussed.”

Councilwoman Chachkin stated,“ it affects the welfare and safety of the residents. The bridge beams over Boice Mill Rd & Whitfield Rd need to be replaced. Currently the engineer is constructing the work for these projects and the Highway Superintendent estimates the projects to be approximately $ 150,000.00.”

Councilwoman Haugen-Depuy stated, “ if you take away some of his equipment money it would stand to reason that there is little play to place monies in the bridge line. He originally asked for $ 410,000 in equipment line and placed in the budget was $ 205,000.00. We cut back on that line alone and we need to give the Highway Department a little something to work with unless you want a car to go through the bridge on Boice Mill Rd.”

Deputy Supervisor Drabkin reiterated where is the money going to come from?

Councilwoman Haugen-Depuy stated, “On his equipment line you gave the same as last year. How is the man is supposed to work? And he brought some of his equipment with CHIPS money. We need to allow him to at least fix a bridge, that’s public safety.”

Deputy Supervisor Drabkin stated, “at the public hearing if there is money to save we can discuss it then. We cannot go over the tax cap and we should live within our means.”

Town Attorney Christiana stated that it could be BONDED or BANNED.

Councilwoman Haugen-Depuy stated, “in snow removal we budgeted $ 33,425.00. We are already paying approximately $ 72.00 per ton of salt. Is that going to be enough for the season? We need to have an even salt mixture.”

ADVERTISEMENT OF PUBLIC HEARING ON 2018 PROPOSED BUDGET:
Resolution # 116-2017:

A Motion was made by Councilwoman Chachkin to set the public hearing on the 2018 proposed budget with amendments that were made tonight for 11/9/2017 at 7:00pm at the Town of Rochester Town Hall with the Town Board meeting immediately following and for the Town Clerk to advertise the same.

Seconded by: Councilwoman Fornino 4-0aye, motion carried

ADJOURNMENT:

A Motion was made by Councilwoman Fornino to adjourn the meeting at 8:12pm.

Seconded by: Councilwoman Chachkin

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK