TOWN OF ROCHESTER TOWN BOARD
REGULAR MEETING
Aug. 2, 2018 7:00PM
Town of Rochester Town Hall, 50 Scenic Dr, Accord, NY
As of 8-01-2018
I. CALL TO ORDER – PLEDGE TO THE FLAG – ROLL CALL
II. PUBLIC HEARING – Local Law #4 of 2018 – A Local Law amending the Zoning Map of the Town of Rochester
SEQRA REVIEW and DETERMINATION
III. PUBLIC HEARING – Local Law #5 of 2018 – A Local Law amending Chapter 132, Vehicles and Traffic, of the Code of the Town of Rochester
SEQRA REVIEW and DETERMINATION
IV. RESOLUTION – ACTION ON MINUTES
Recommended resolution; accepting the minutes of the meetings as presented.
(a) June 28, 2018 Audit/Workshop Meeting
(b) July 5, 2018 Public Hearing – Local Law #4
(c) July 5, 2018 Regular Meeting
(d) July 26, 2018 Audit Meeting
V. SUPERVISOR’S REPORT
VI. ATTORNEY for the TOWN UPDATE
VII. LIAISON REPORTS
VIII. SUPERVISOR’S UPDATE
IX. CORRESPONDENCE REPORT
Aug. 16-19. 2018
Mohonk Preserve Free 1-month membership signup, Visitor Center or Spring Farm Trailhead
X. TOWN CALENDAR
Aug. 9 Youth Commission Harold Lipton Community Ctr 9:30am
Aug. 9 Environmental Conservation Commission Town Hall 6pm
Aug, 9 Town Board Special Meeting Harold Lipton Community Ctr 6pm
Aug. 13 Planning Board Harold Lipton Community Ctr 7pm
Aug 16 Zoning Board of Appeals Harold Lipton Community Ctr 7pm
Aug. 20 Historic Preservation Commission Town Hall 2pm
Aug. 21 Ulster County Legislature County Office Bldg., Kingston 7pm
Aug. 27 Planning Board (if needed) Harold Lipton Community Ctr 6pm
Aug. 30 Town Board Audit/Workshop Meeting Town Hall 6pm/7pm
XI. PUBLIC COMMENT
XII. LOCAL LAWS – DISCUSSION/RESOLUTIONS
a) Local Law #4 of 2018 – A Local Law amending the Zoning Map of the Town of Rochester
Recommended resolution; TBD
b) Local Law #5 of 2018 – A Local Law amending Chapter 132, Vehicles and Traffic, of the Code of the Town of Rochester
Recommended resolution; TBD
XIII. DISCUSSION
a) Proposed Establishment of an Open Development Zone, pursuant to NYS Town Law §280-a: SBL68.2-2-12: Cliff Road.
b) NYS Mini-Bid Contract 18070081 for Buildings & Grounds ¾ ton Pickup Truck
c) Local Law #6 of 2018 – Amending Chapter 128 -17, Taxation – Disability Exemption Levels as authorized by Real Property Tax Law 459-C
d) Local Law #7 of 2018 – Amending Chapter 128 – 9, Taxation – Senior Citizen Exemption Laws as authorized by Real Property Tax Law 467
e) Economic Enterprise Overlay zone application
f) Changes to Town Board Meeting Procedures
XIV. RESOLUTIONS
a) Approval of Highway Fund, Abstract #7 of 2018, voucher 5435
Recommended resolution; Approval of payment of Highway Fund Abstract #7 of 2018, voucher 5435, payable to A&M Hardware in the amount of $98.74, as audited by the Town Board
b) Approval of Abstract #7 of 2018
Recommended resolution; Approval of payment of the balance of Abstract #7 of 2018, as audited by the Town Board
General Fund $ 42,020.01
Highway Fund $ 36,985.49
Street Lighting Fund $ 370.78
c) Accepting a Donation
Recommended resolution; The Town Board accepts a donation of $1000 from Mohonk Preserve, Inc. as a community benefit payment to be deposited into the Town Parkland Savings Account.
d) Amendment of 2018 Highway Fund Budget – Budget Modification
Recommended resolution; Amendment to the adopted 2018 Highway Fund budget, creating new revenue account DA5730.4, Bond Anticipation Notes, crediting DA5730.4 in the amount of $311,165.00
e) Amendment of 2018 Highway Fund Budget – Budget Modification
Recommended resolution; Amendment to the adopted 2018 Highway Fund budget, crediting appropriation account DA5110.4, General Repairs CE, in the amount of $110,630,00 to new total $246,630.00
f) Amendment of 2018 Highway Fund Budget – Budget Modification
Recommended resolution; Amendment to the adopted 2018 Highway Fund budget, crediting appropriation account DA5140.2, Misc. Equipment EQ, in the amount of $200,535.00 to new total $405,535.00
g) Amendment of 2018 General Fund Budget – Budget Modification
Recommended resolution; Amendment to the adopted 2018 General Fund budget, debiting appropriation account A1990.4, Contingency, in the amount of $200.00 to new total $6200.00 and crediting appropriation account A1220.2, Supervisor EQ in the amount of $200.00 to new total $700.00
h) Amendment of 2018 General Fund Budget – Budget Modification
Recommended resolution; Amendment to the adopted 2018 General Fund budget, debiting appropriation account A1990.4, Contingency, in the amount of $3000.00 to new total $3200.00 and crediting appropriation account A1220.4, Supervisor CE in the amount of $3000.00 to new total $14,480.00
i) Amendment of 2018 General Fund Budget – Budget Modification
Recommended resolution; Amendment to the adopted 2018 General Fund budget, debiting appropriation account A73104.4, Youth Programs CE, in the amount of $500.00 to new total $30,165.00 and crediting appropriation account A7620.4, Adult Rec CE in the amount of $500.00 to new total $5610.00
j) Town Policy Regarding Vouchers
Recommended resolution; The Town of Rochester Town Board establishes a policy that all vouchers and invoices to be considered at the monthly audit meeting must be received by the Friday preceding the last Thursday of each month, except by authorization of the Town Supervisor or the Highway Superintendent for Highway Fund expenditures.
k) Appointment to Historic Preservation Commission
Recommended resolution; Upon recommendation of the HPC, the Town Board appoints Jens Verhaegh to serve as a member of the Historic Preservation Commission for a term ending December 31, 2020 and directs the Town Clerk to notify Mr. Verhaegh of his responsibility of Oath of Office.
l) Authorizing the Supervisor to Sign Assignment Agreement for Lease of Town Property – 6140 Route 209
Recommended resolution; The Town Board grants assignment and authorizes the Town Supervisor to sign the Assignment Agreement, as presented, upon advice and consent of the Attorney for the Town, by and between BORREGO SOLAR SYSTEMS, INC. (“Assignor”), and 6140 ROUTE 209 – NORTH, LLC (“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 June 14, 2017.
m) Authorizing the Supervisor to Sign the First Amendment of Lease and Assignment Agreement – 6140 Route 209
Recommended resolution; The Town Board authorizes the Town Supervisor to sign the First Amendment of Lease and Assignment Agreement (“Agreement”), as presented, upon advice and consent of the Attorney for the Town, by and between BORREGO SOLAR SYSTEMS, INC. (“Assignor”), 6140 ROUTE 209 – NORTH, LLC (“Lessee”), and the TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK (the “Lessor”), each a “Party” and collectively the “Parties”, upon receipt of the signed Assignment and Assumption Agreement by and between BORREGO SOLAR SYSTEMS, INC. (“Assignor”), 6140 ROUTE 209 – NORTH, LLC (“Lessee”), and the TOWN OF ROCHESTER, ULSTER COUNTY, NEW YORK (the “Lessor”).
n) Authorizing the Supervisor to Sign the Agreement for Snowplowing and Snow Removal – – 6140 Route 209
Recommended resolution; The Town Board authorizes the Town Supervisor to sign the Agreement for Snowplowing and Snow Removal, as presented, upon advice and consent of the Attorney for the Town, by and between the Town of Rochester (the “Town”), a municipal corporation duly organized and existing under the laws of the State of New York and having its offices at Town of Rochester Town Hall, 50 Scenic Road, Accord, New York 12404 and 6140 Route 209 – North, LLC (“North LLC), with its principal place of business located at 360 22nd St., Suite 600, Oakland, CA 94612
o) Authorizing the Supervisor to Sign the Memorandum of Option and Lease – 6140 Route 209
Recommended resolution; The Town Board authorizes the Town Supervisor to sign the Memorandum of Option and Lease, as presented, upon advice and consent of the Attorney for the Town, 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 6140 ROUTE 209 – NORTH, LLC, a Delaware limited liability company, having an address of 360 22nd Street, Suite 600, Oakland, CA 94612 (“Lessee”).
p) Establishment of Fee for Economic Enterprise Overlay (EEO) Zoning District Review, as adopted by Local Law #3 of 2018
Recommended resolution; Effective immediately, the Town Board hereby establishes a fee of $300, to be paid at the time of application to the Town Board for Economic Enterprise Overlay zone review, and $300 additional to be paid at the time of Town Board approval and application to the Planning Board for Site Plan Review. Additionally, such other fees as described in Chapter 140 of the Town of Rochester Town Code, specifically, § 140-63 Fees will be assessed for reimbursement to the Town of Rochester as audited by the Town Board
q) Amendment of Town of Rochester Approved Electrical Inspectors List
Recommended resolution; Effective immediately, upon advice and consent of the Town of Rochester Code Enforcement Officer, the Town of Rochester Town Board amends the Approved Electrical Inspector list to add Chris Peone, CP Certified Electrical Inspector, and to remove New York Certified Electrical Inspectors, LLC and Tri-State Inspection Agency, Inc. and directs the Town Supervisor to file such list with the Town Clerk.
r) Rescinding Resolution #120 of 2010, Waiving Installation Fees for Outside Woodstoves
Recommended resolution; Effective immediately, upon advice of the Town of Rochester Code Enforcement Officer, the Town of Rochester hereby rescinds resolution #120 of 2010, that the Town waive the fee on installation of outside woodstoves and establishes a Building Department Fee of $75 per application.
s) Rescinding Resolution #113 of 2008, Waiving Installation Fees for Inside Pellet/Woodstoves
Recommended resolution; Effective immediately, upon advice of the Town of Rochester Code Enforcement Officer, the Town of Rochester hereby rescinds resolution #113 of 2008, that the Town waive the fee on installation of inside wood/pellet stoves, effective 8/8/08 to 4/30/09, and establishes a Building Department Fee of $75 per application.
t) Establishment of a Probationary Period Policy for the Employment of Town Constables (PT)
Recommended resolution; Effective immediately, it shall be Town of Rochester Town Board policy all persons appointed to employment in the position of Town Constable (PT) by the Town Board shall be appointed on a 520-hr. probationary basis, pursuant to the Policy and Patrol Guide as approved by the Town of Rochester. Such appointment shall be subject to meeting the training criteria set forth by NYS DCJS for Peace Officers and all employment requirements for the Town of Rochester and Ulster County Civil Service. Upon achieving 520 hours of service, and upon satisfactory Town Board review of the probationary candidate, the Town Board shall increase the rate of pay to $12 per hour, or such rate as may be established by resolution for the Wage and Salary schedule as may be amended from time to time by the Town Board.
u) Amendment of the Wage and Salary Schedule
Recommended resolution; Authorizing the Supervisor to amend the Wage and Salary Schedule, as adopted pursuant to resolution #16 of 2018 and amended with resolutions #99 of 2018, #119 of 2018, #162 of 2018, and #224 of 2018 establishing a rate of pay of $12 per hour for Town Constables (PT) Michael Correale and Jose Velasco, effective August 1, 2018.
v) Authorization for the Supervisor to Issue Retroactive Payroll
Recommended resolution; Authorizing the Supervisor to investigate and determine the date(s) Michael Correale and Jose Velasco achieved 520 hours of employment as Town Constable (PT) and to issue retroactive payment to increase compensation to those employees to $12 per hour effective such date of 520-hour achievement.
w) Appointment of Counselor (PT) Summer and Amendment of the Wage and Salary Schedule
Recommended resolution; Appointing Tyler Miedema to the position to Counselor (PT) Summer, filling a vacancy at a rate of pay of $11.22 per hour, effective August 1, 2018, and authorizing the Supervisor to amend the Wage and Salary Schedule, as adopted pursuant to resolution #16 of 2018 and amended with resolutions #99 of 2018, #119 of 2018, #162 of 2018, and #224 of 2018.
x) Amendment of Resolution 219 of 2018 – Authorizing Highway Superintendent to Execute a Contract
Recommended resolution; Upon recommendation of the Highway Superintendent, The Town Board amends resolution #219 of 2018, authorizing the Superintendent of Highways to execute a contract, as presented, with Peckham Materials, 2 Union Street Extension, Athens, NY 12015 to reflect the revised quote of $60,926.00 due to an increase in oil prices. The quote includes equipment rentals and is based on the Dutchess and Ulster County bids.
y) Authorizing Highway Superintendent to Execute a Contract
Recommended resolution; Upon recommendation of the Highway Superintendent, The Town Board authorizes the Superintendent of Highways to execute a contract, for the purchase of a leaf vacuum in the amount of $34,201.13 from Old Dominion Brush Company, 5118 Glen Alden Drive, Richmond, VA 23231, as presented. The purchase price is based on the Sourcewell (formerly NJPA) Cooperative Contract.
z) Authorizing Highway Superintendent to Execute a Contract
Recommended resolution; Upon recommendation of the Highway Superintendent, The Town Board authorizes the Superintendent of Highways to execute a contract, for the purchase of a woodchipper in the amount of $52,235.72 from Westchester Tractor, 60 International Blvd, Brewster, NY 10509, as presented. The purchase price is based on the Sourcewell (formerly NJPA) Cooperative Contract.
aa) Acceptance of NYS Mini-bid Contract #18060058 and Authorizing the Highway Superintendent to Execute a Contract
Recommended resolution; Upon recommendation of the Highway Superintendent, The Town Board authorizes the Superintendent of Highways to execute a contract, for the purchase of a Dodge 2500 Utility/Service Truck in the amount of $34,997.60 from Genesee Valley Dodge Jeep, 1695 Interstate Drive, Avon, NY 14414, as presented. The purchase price is based on the lowest bidder for NYS Mini-bid Contract #18060058
bb) Acceptance of NYS Mini-bid #T18060021 and Authorizing the Highway Superintendent to Execute a Contract
Recommended resolution; Upon recommendation of the Highway Superintendent, The Town Board authorizes the Superintendent of Highways to execute a contract, for the purchase of a Ford F550 Mini-Dump in the amount of $68,227.00 from Genesee Valley/Fleet & Gov’t, 1675 Interstate Drive, Avon, NY 14414, as presented. The purchase price is based on the lowest bidder which has met the required specifications for NYS Mini-bid Contract #T18060021
cc) Authorization for the Supervisor to Convey Town-Owned Land
Recommended resolution;
Whereas; the Town Board has received request dated October 19, 2018 by William and Lynn Wells to convey property adjacent to their home, located at 20 DeJager Lane,
SBL 77.1-2-33.113; and
Whereas; upon investigation, the Town Board received correspondence and records from Ulster County Real Property on February 14, 2018 indicating such property ownership was transferred to the Town of Rochester by resolution #16 of 1965 by the Board of Supervisors of Ulster County “to become a part of the Town Highway system where maintenance by the Township is required or disposal of to the adjacent property owners as prescribed by Law where they are no longer necessary for public use and travel; and
Whereas; such parcel has been determined to contain approximately ±0.25 acres of land; and
Whereas; such property has been deemed unusable by the Highway Superintendent and has been unused for a significant period of time; and
Whereas; William and Lynn Wells have made offer of $400.00 payment to the Town of Rochester in return for conveyance of such parcel on May 3, 2018; and
Whereas, pursuant to Town Law (TWN) § 64, General Powers of Town Boards, a Town Board may, upon the adoption of a resolution, convey or lease real property in the name of the town, which resolution shall be subject to permissive referendum; and
Therefore; be it resolved; the Town Board accepts such offer of payment of $400 for the property as described in resolution #16 of 1965, Lucas Turnpike, Abandonment Map #5, and agrees to convey said property via quitclaim deed to William and Lynn Wells, subject to permissive referendum; and
Further; directs the Town of Rochester Town Clerk to advertise the conveyance of property for permissive referendum opportunity in the official Town newspaper; and
Further; William and Lynn Wells shall be required to bear any and all costs for the advertisement of permissive referendum, survey, transfer, filing of such real property conveyance, and any other transfer of property fees, including any Attorney for the Town fees, and
Further; Such land is conveyed with the understanding William and Lynn Wells shall join said property with their adjacent owned land located at 20 DeJager Lane, SBL 77.1-2-33.113
XV. BOARD MEMBER TIME
XVI. EXECUTIVE SESSION
Recommended resolution; to enter into Executive Session for the purpose of discussion of a request of a particular employee for reimbursement and to invite the Attorney for the Town into the Executive Session.
XVII. ADJOURNMENT