The May 7, 2020 Public Hearing on proposed Local Law # 2-2020: Establishing Best Value Procurement was held at 6:30pm by livestream broadcast on youtube at http://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

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 Highway Superintendent Jeffrey Frey

Call to Order – Pledge to the Flag – Roll Call

STATEMENT FROM THE SUPERVISOR:

I have confirmed with the Town’s Counsel that tonight’s meeting has been convened in accordance with the Governor’s March 13, 2020 Executive Order 202.1 which suspends certain provisions of the Open Meetings Law to allow a municipal Board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight’s meeting via YouTube and a transcript will be provided at a later date.

The Town Clerk has completed a roll call of the Board Members and there is a quorum present for this meeting. I have also confirmed with the Town Clerk that this meeting has been duly noticed.

We have fulfilled our legal notice requirements by posting Notice on the Town Clerk bulletin board and outside door, posting legal notice in the Shawangunk Journal, and posting notice on the Town’s website.

Public Hearing Local Law 2-2020, Establishing Best Value Procurement
To Comment Call +1 929 205 6099 Meeting ID: 814 6053 7355 Password: 025387

PROPOSED LOCAL LAW # 2-2020: ESTABLISHING BEST VALUE PROCUREMENT:
Section 1
Article 1 Best Value Procurement
I. Title.
This article shall be known as “The Town of Rochester Best Value Competitive Bidding Law.”
II. Legislative intent.
New York State General Municipal Law Section 103(1) allows the Town to authorize, by local law, the award of certain purchase contracts, including contracts for service work subject to competitive bidding under General Municipal Law Section 103 on the basis of “best value” as defined in Section 163 of the New York State Finance Law or any state law superseding or amending said provision. The best value option may be used, for example, if it is more cost efficient over time to award the good or service to other than the lowest responsible bidder or offerer if factors such as lower cost of maintenance, durability, higher quality and longer product life can be documented.
III. Best value.
The Town Board may award purchase contracts after bidding, including contracts for services work, on the basis of “best value,” as that term is defined in New York State Finance Law Section 163. All awards based on best value shall require Town Board approval.
IV. Applicability.
The provisions of this article apply to Town purchase contracts, including contracts for services work involving an expenditure of more than $20,000, but excluding purchase contracts necessary for the completion of a public works contract pursuant to Article 8 of the New York Labor Law and any other contract that may in the future be excluded under state law from the best value option. If the dollar thresholds of New York General Municipal Law Section 103 are increased or decreased in the future by the State Legislature, the dollar thresholds set forth herein shall be deemed simultaneously amended to match the new General Municipal Law thresholds.
V. Standards for best value.
Goods and services procured and awarded on the basis of best value are those that the Town Board determines optimize quality, cost and efficiency, among responsive and responsible bidders or offerers. The determination shall be based on an objective analysis of clearly described and documented criteria as they apply to the rating of bids of offers. Where possible, such determination shall also be based upon and include a quantifiable analysis of the same. The criteria may include, but shall not be limited to, any or all of the following: cost of maintenance, proximity to the end use, if distance or response time is a significant term; durability, availability of replacement parts or maintenance contractors; longer product life; product performance criteria; and quality of craftsmanship.
VI. Basis for determination.
Whenever any contract is awarded on the basis of best value instead of lowest responsible bidder, the basis for determining best value shall be thoroughly and accurately documented.
VII. Inconsistent provisions.
This local law is incorporated by reference into the Town of Rochester Procurement Policy. Any inconsistent provisions of the Town’s procurement policy, as adopted prior to the effective date of this article by resolution of the Town Board, or as amended thereafter, shall be deemed superseded by the provisions of this article.

Section 2
This local law shall take effect immediately upon filing in the office of the Clerk of the Town of Rochester, the secretary of State of New York and the New York State Commissioner of Tax and Finance.

The Board agreed to move on to the May 7, 2020 Regular Town Board Meeting at 7:11pm while we wait for public comments of the Public Hearing.

ATTORNEY FOR THE TOWN REPORT:

Notice of claim was submitted regarding an incident at Kerhonkson School, hopefully it will be dismissed.
Modern leasing; still compiling information and waiting on a few things from Rich Miller.

COVID-19 REPORT:

Project Resilience: we are delivering 260 meals 3 days a week. A Big Thank you to Kate, Jeff, Ashley, Rita and Erin who all have helped with the delivering of meals. Phase one ends May 16th and the program will transition into phase 2 where grocery boxes will be delivered as opposed to meals.
Thank you to all the businesses that have provided meals to our residents;
The Stonehouse Tavern, Krankie Frankies, Benny’s Pizzeria, The Roost, Elm Rock Inn, the High Falls Café, Bodacious bagels, White wolf and Lydia’s.

County Shared Work Program: the information is new there is still a lot to figure out. As it stands it looks like the Town would pay 50% of the employee pay and the State would pay the other 50%, so the employee would receive 100% of their pay. This would give some relief to the Town. Supervisor Baden stated that it may be a $ 10-12,000 per month savings. This may only apply to approximately 6-8 people.
Councilwoman Haugen-Depuy: would this apply to the Court Clerks?
Supervisor Baden: Doesn’t look like they would qualify, the program is based on a % of hours worked. There is still a lot to figure out. We don’t even know if these hours will go towards retirement.
Councilwoman Haugen-Depuy: what about medical?
Supervisor Baden stated that will continue 100%.
Councilwoman Enouen: stated that she supports further investigation and when the program runs out of money we will go back to paying the employees.
Supervisor Baden stated that it looks like we can opt out at anytime. He would look more into it and the Board can have a special meeting.

2020 campground permits: The Department of Health sent out regulations for campgrounds. These regulations are to be posted on the property. This is for campgrounds with tents, travel trailers this is not for overnight camps. There is still a lot to figure out with keeping the social distancing in place.

CLOSING OF THE PUBLIC HEARING:
Resolution # 111 -2020:

A Motion was made by Councilwoman Haugen-Depuy to close the public hearing on proposed local law # 2- of 2020 at 7:21pm.
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

SUPERVISOR’S REPORT:

April 2020 – Filed with the Town Clerk
April 2020 – Receipts received from the Town Clerk’s office $31,420.44

ANNUAL UPDATE DOCUMENT FOR THE FISCAL YEAR ENDED 12/31/19:

Supervisor Baden stated that we spent less than projected which increased our fund balance. The Highway Department is under budget but spent more in 2017-2018 year. The 2 bans for the truck were out of Budget and were corrected in house. The payoff in 5 years will be paid for by CHIP money. Moving forward this will be better. Combined General and Highway fund balance is at 25%. A lot of expenditures need to be done to the buildings moving forward we can place some surplus in capital project of use towards tax relief.

Resolution # 112 -2020:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board accepts the Annual Financial Report Update Document (AUD) for the fiscal year ended 12/31/2019, as prepared on behalf of the Town of Rochester by Sickler, Torchia, Allen & Churchill CPAs PC.
The AUD report was e-filed on May 1, 2020, on behalf of the Town Supervisor by Sickler, Torchia, Allen & Churchill CPAs PC to the State of New York, Office of the State Comptroller, Division of Local Government and School Accountability.
Second: Councilman Paddock

ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0 aye motion carried

ANNOUNCEMENT OF APRIL 2020 PAYMENTS:
Abstract 16-2019
General Fund $ 13,709.00

Abstract 4-2020
General Fund $ 47,774.17
Highway Fund $ 40,208.31
Street Lighting Fund $ 400.22
Escrow Account $ 1065.00

TAX COLLECTOR’S REPORT:
For the month of April:
Base amount collected: $ 116,905.31
Penalty: $ 3,328.16
Total: $ 120,233.47

Unpaid notices were mailed on 4/30/2020. Payments will be accepted until the June 1, 2020 postmark.

SUPERVISOR’S UPDATE/ CORRESPONDENCE REPORT:

Census: Supervisor Baden stated currently we are at a 42 % rate including 1,147 households. In 2010 we had a response of 53.9 % response rate. We want to work on getting the numbers up. Usually come June workers will start going door to door but we don’t know what will happen with the NY on pause.

HIGHWAY SUPT. REPORT:
Letter was received from the County DPW regarding Boodle Hole Bridge. NYSDOT inspected the bridge and lowered it from 30 ton to 3ton weight limit and red flagged it. Work is to begin Mid-May and will run for approximately 4-6 weeks. There will be a detour. This bridge work will be conducted by the County. Information was placed on the Town of Rochester Highway facebook page.

LIASION REPORTS:
Supervisor Baden asked what was happening with the Court mail since the office was shut down completely.
Councilwoman Haugen-Depuy stated she would look into it.
Councilman Hewitt: regarding the Educational nature park: he along with Andrew Faust walked the 34 acres, crossed the millbrook creek and found 2 rare species of butternut tree. A lot of great ideas with the park. Picnic areas, trails, a lot to be learned. A number of people have reached out willing to make donations, The ECC is willing to help with this project. Thank you to the Highway Department for their help and support for the project.
Attorney Christiana stated that donations can be placed in the Capital project fund for parks or the Board can make a subaccount.
Supervisor Baden stated that Nexamp thinks this is a great idea.
Councilman Paddock: Recreation Dept.: We are upset that a lot can’t be done during the NY on pause. The staff has reached out to our seniors to see how things are going. Working on ideas of doing a zoom class with seniors that are interested. The staff misses the kids and Seniors and can’t wait to get back on track.
Councilwoman Enouen: the transfer station is collecting more than usual. In the past we were considering limiting the number who enter the transfer station at a time, but its been manageable. The distance awareness is practice more all around than it was even a month ago.
Highway: Highway Superintendent Frey stated that he’s back to full staff. We are following all protocals of wearing masks when in contact with public, having one man to a truck and waiting on a touchless thermometer.
Supervisor Baden: Constabulary: the last two weekends at the request of the Minnewaska Park Superintendent the constables have been monitoring Route 44/55 and coordinating with the Park police. There were major safety concerns of people walking on the road, parking in dangerous locations and turning around in blind turns. Thank you to the Constables for adhering to the direction given to them. They were asked not to write tickets for this was not about creating revenue but a safety issue.
Councilwoman Enouen: grateful that the constable could help. People were stopping dangerously and the constables were able to keep the traffic flowing.

CONSTABULARY REPORT:

Court Remains Closed. The Constabulary answered 14 direct calls for service and other duties in April of 2020. These included:•12 Neighbor to Neighbor and Quality of Life Complaints•2 Resident Traffic Complaints (Lwr. Granite Rd, Van Tine Rd.) •2 Environmental Complaints, ( Lwr. Granite Rd., and Queens Hwy.) •4 Building Department Violations•0 New Court Cases Opened*•17 Court Proceedings Remain Open*•0 Court Proceedings Closed*(Due to COVID-19 Court Closures, Latest Numbers are Unavailable)Interesting Occurrences: During the beginning of this month, we received a call regarding an individual driving a vehicle at a high rate of speed on a town road endangering several children at play. We received additional complaints from residents regarding garbage being dumped on their properties and at various places around the Town including some more new locations. Many residents from various locations are calling to complain regarding groups of cars parked adjacent to, or in front of their properties, blocking the road and the occupants walking in large groups without adhering to social distancing rules. Due to the COVID-19 Outbreak, we have had limited direct contact with complainants. At the request of the Minnewaska Park Superintendent, we have begun to patrol Rt. 44/55 near the park. Over the one weekend this month that we were out, traffic flow was kept moving and the road remained usable without significant delays. Towards the end of the month, we have begun to get calls regarding people using the Deep Hole property and street parking.

RESOLUTION:

LOCAL LAW 2-2020, ESTABLISHING BEST VALUE PROCUREMENT:
Resolution # 113 -2020:

A Motion was made by Councilwoman Enouen that the Town Board adopts Local Law 2-2020, Establishing Best Value Procurement and requests the Town Clerk file the Local Law with the Department of State.
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
ACTION ON MINUTES:
Resolution # 114-2020:

A Motion was made by Supervisor Baden to accept the minutes of the April 2, 2020 Regular Meeting.
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

2020 BUDGET MODIFICATIONS:
Resolution # 115 -2020:
A Motion was made by Councilwoman Enouen to upon recommendation of the Town Supervisor, the Town Board authorizes modification of the 2020 General Fund and Highway Fund budgets.
Second: Councilwoman Haugen-Depuy
Attorney Christiana suggested placing “as presented” at the end of the resolution.

AMENDMENT TO RESOLUTION # 116-2020:

A Motion was made by Councilwoman Enouen to amend the resolution to read as;
upon recommendation of the Town Supervisor, the Town Board authorizes modification of the 2020 General Fund and Highway Fund budgets as presented.
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

TRANSFER OF FUNDS:
Resolution # 117-2020:

A Motion was made by Councilwoman Haugen-Depuy on advisement of Sickler, Torchia, Allen & Churchill CPAs PC, the Town Board authorizes the Supervisor to commence a transfer of $539.32 from General Checking account ending in 0266 into the Grant “Fund” account ending in 5857 to reconcile the account.
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

TRANSFER OF FUNDS:
Resolution # 118 -2020:
A Motion was made by Councilwoman Haugen-Depuy on advisement of Sickler, Torchia, Allen & Churchill CPAs PC, the Town Board authorizes the Supervisor to commence a transfer of $105,000.00 from Grant “Fund” account ending in 5857 to Capital Projects Fund ending in 3024 to be labelled for Cable Improvement.
Second: Councilwoman Enouen
Discussion: Supervisor Baden stated that in the past former Supervisor Chipman placed $ 35,000.00 in the grant fund for cable franchise for improvements. We should either place the money in a separate cable improvement fund or capital projects fund. It is not appropriate to have in the grant fund.

ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0 aye motion carried

ACCEPTANCE OF AUCTION BIDS FOR HIGHWAY EQUIPMENT:
Resolution # 119-2020:

A Motion was made by Councilwoman Enouen upon recommendation of the Highway Superintendent, the Town Board accepts the bids received by Absolute Auction and Realty for the following items, approved for sale with resolution 69-2020
1. 1989 Champion grader $ 7,000.00
2. 1971 John Deere Dozer 750 $ 8,200.00
4. (2) Bulk 1,000-gallon plastic storage tanks with stand $ 0.00 ( no bid received)
Second: Councilman Paddock

ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0 aye motion carried

ACCEPTANCE OF AUCTION BIDS FOR GENERAL FUND EQUIPMENT:
Resolution # 120-2020:

A Motion was made by Councilwoman Haugen-Depuy upon recommendation of the Supervisor, the Town Board accepts the bids received by Absolute Auction and Realty for the following items, approved for sale with resolution 70-2020
3. 2004 Chevy Cavalier $ 500.00
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

TOWN HIGHWAY SECTION 284 AGREEMENT:
Resolution # 121 -2020:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board approves the expenditure of $182,000 in highway monies for the primary work and general repairs of 111 miles of Town highways, in accordance with section 284 of the Highway Law, and authorizes signature of the agreement. The expenditures have been verified as being budgeted Highway Fund amounts for 2020 by the Supervisor.
Second: Councilwoman Enouen

Single Chip Seal not to exceed $75,000
Sundale Road, Krum Road, Rock Mountain Estates, Fisher Road, Berme Road
Blacktop Pave 2” not to exceed $60,000
Vantine Road (entire road), Sundale Road (areas needed)
Stone not to exceed $27,000
Culverts not to exceed $10,000
Equipment Rental not to exceed $10,000

ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0 aye motion carried

2020-2021ABRASIVE SAND BID:
Resolution # 122-2020:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board requests the Town Clerk post advertisement seeking sealed bids for abrasive screened sand for winter road use. Specifications of bids are available at the Town Clerk Office and on www.townofrochester.ny.gov. Bids are due on or before Thursday June 25, 2020 at 11:00am at the office of the Town of Rochester Clerk, PO Box 65 / 50 Scenic Road, Accord, New York 12404 where they will be opened and read aloud. A non-collusion form and certified testing results shall be included as a part of the bid package. The Town Board has the right to reject any and all bids.
Second: Councilman Paddock

Specifications
1. The sand shall be hard with 100% passing 3/8″ screen, not more than 15% passing #50 mesh and not more than 4% passing #200 mesh and must be readily usable in spreading equipment.
2. Certified testing results shall be submitted as a part of the bid package.
3. Bid prices shall be priced per ton; variations will not be accepted.
4. The bidder’s attention is called to the fact that if scales are not available at plant site, the bidder must state conversion factor-weight per cubic yard on bid conversion sheet.
5. Sand is to be made available for pickup by trucks designated by Town of Rochester authorized entities and operated by authorized personnel.
6. Bids shall be guaranteed valid for a period of 1 year from July 1, 2020 through June 30, 2021.
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0 aye motion carried

AUTHORIZATING MODIFICATION AN INTERMUNICIPAL AGREEMENT WITH THE ACCORD FIRE DISTRICT:
Resolution # 123-2020:

A Motion was made by Councilman Paddock based on Highway Superintendent recommendations, The Town Board authorizes the Town Supervisor to modify the Intermunicipal Agreement, originally dated February 13, 2019, between the Accord Fire District and the Town of Rochester, as presented, and to sign the modified agreement extending offer to continue the agreement through June 1, 2021.
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

INTERMUNICIPAL AGREEMENT
FOR SHARED SERVICES
BETWEEN THE TOWN OF ROCHESTER
THE ACCORD FIRE DISTRICT

Agreement made this 7th day of May 2020 by and between The Town of Rochester (hereinafter Town), a municipal corporation having its principal office at 50 Scenic Road, Accord, NY 12404, and the Accord Fire District (hereinafter AFD) having an address of 22 Main Street, Accord, NY 12404.
WHEREAS, AFD is in need of snowplowing services at its fire stations; and
WHEREAS, the Town recognizes the valuable service the Fire District provides in the Town and is desirous of entering into an Intermunicipal Agreement to provide those services to the AFD;
WHEREAS ARTICLE 5 of New York State General Municipal Law allows for intermunicipal agreements between Towns and Fire Districts;
Now THEREFORE the parties agree as follows:
1. The Town will plow the parking lots for the AFD fire stations located at 22 Main Street Accord, NY, 922 Samsonville Road, Kerhonkson, NY, and 16 Creek Road, High Falls New York.
2. AFD will allow the Town Highway Department to fill their water truck at the AFD Company 1 location and will bring one of their tank trucks to the Town Highway Department to wash out sander bodies with high pressure water at the end of the winter plowing season.
3. AFD grants the Town permission to enter onto the aforementioned properties for the purpose of performing the snow plowing services.
4. The plowing of the fire station lots shall take place as soon as practicable to do so given all other highway department responsibilities and needs prevailing at the time.
5. AFD agrees to indemnify and hold the Town harmless for any and all property damage or personal injury that shall occur as a result of the Town’s plowing whether to fire department property or personnel, or to third parties.
6. AFD shall name the Town as an additional insured on its general liability insurance policy, which must be in a minimum amount of One Million Dollars. Proof of said insurance will be provided to the Town prior to the commencement of any snowplowing services.
7. The term of the agreement shall run from the time that the agreement is signed by the AFD Fire District and the Town Supervisor and shall terminate on June 30, 2021.
AUTHORIZATION FOR AN AGREEMENT:
Resolution # 124-2020:

A Motion was made by Councilman Hewitt upon recommendation of the Attorney for the Town, the Town Board accepts the agreement between the Town of Rochester and the Rochester Food Pantry, a not-for-profit organization, for use of Town property and authorizes the Supervisor to sign the agreement.
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

AGREEMENT
Made this 7th day of May 2020 by and between The Town of Rochester (hereinafter “Town”), having an address of 50 Scenic Drive, P.O. Box 65, Accord, NY 12404, and the Rochester Food Pantry (hereinafter “Pantry”), having an address of P.O. Box 12, Accord, Ny 12404. (Together “the parties”)
WHEREAS, The Town received Community Development Block Grant Disaster Recovery Funding; and
WHEREAS, the Town has undertaken certain projects within the boundaries of Accord, New York; and
Whereas, the parties hereto entered into a memorandum of understanding, dated October 1, 2015, whereby the Town utilized Community Development Block Grant – Disaster Funds to undertake improvements at the Harold Lipton Community Center, located at 15 GLF Road, Accord, NY 12404, including construction of an addition that will be programmed to serve as a food pantry, to be operated by the Pantry and The Pantry (in accordance with their by-laws) will distribute emergency food, on an as requested basis, to hungry families and individuals within and around the Town of Rochester; and
WHEREAS, the addition has been constructed, and the Pantry is occupying same; and
WHEREAS, it is necessary to outline the responsibilities of the parties;
IT IS HEREBY AGREED between the parties as follows:
1. Pantry may occupy the addition to the Harold Lipton Community Center for the period as specified in Paragraph IV of the above referenced Memorandum of Understanding.
2. Town shall be responsible for building maintenance of the improvements constructed.
3. Pantry shall be responsible for the operation of the Food Pantry improvements, including garbage and waste removal, interior cleaning,
4. Pantry shall name Town as an additional insured on its general liability insurance policy which shall have limits in the minimum amount of $2,000,000.00. In addition Pantry agrees to indemnify, defend and hold harmless the Town from any and all actions, claims, losses, and expenses (including reasonable attorneys’ fees and expenses) for the acts, omissions, or decisions of with respect to all matters covered under this Agreement.
5. Town shall supply two (2) keys to the front door to the Food Pantry, which keys shall not be duplicated by the Pantry.
6. The Pantry may set and control the code for the keypad for access to the rear entrance, and will supply the initial key code and later changes to the key code to the Supervisor’s office, to be used by the Town only in the case of an emergency.
7. Town currently does not charge Pantry for electric or internet usage but reserves the right to do so in the future. There is a check meter installed at the premises that allows for determination of the amount of electricity being used by the Pantry.
8. Either party may terminate this Agreement by providing written notice to the other Party at least 90 days in advance of the date of such termination.

9. Any notice required to be given under this agreement shall be sent certified mail, return receipt requested, or as the parties may later determine in writing, to the parties at the following addresses:
Town of Rochester Rochester Food Pantry
Attn: Supervisor Attn: Nelda Gerner
50 Scenic Drive, P.O. Box 65 P.O. Box 12
Accord, NY 12404 Accord, NY 12404
10. If any term of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of the Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
11. No party shall assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any of its right, title or interest therein, without prior written consent, in writing, by all parties, and any attempt to do any of the foregoing without such consent shall be of no effect.

12. Any amendment or modification of this Agreement must be in writing signed by all partied for same to be valid.
13. All provisions as required by law are hereby deemed inserted. The parties agree that nothing in this Agreement shall be construed so as to interfere with or diminish any municipal powers or authority.
14. It is expressly agreed that this instrument represents the entire agreement of the parties and that all previous understandings are merged into this agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized representative of each Party.
ACCEPTANCE OF DONATION:
Resolution # 125-2020:

A Motion was made by Councilwoman Haugen-Depuy that the Town Board authorizes the Town Supervisor to accept a donation of $320.00 from Margaret Smith, with request to fund 2 hours of the Attorney for the Town billing hours.
Second: Councilman Hewitt
Discussion: Supervisor Baden stated that this donation was offered to do particular work I’m not comfortable with us accepting it, it may set a precedence.
Councilwoman Haugen-Depuy: stated that if Ms. Smith would like to take it to an attorney to review it then fine. I feel like she is dictating what we are to do. The money means nothing, she has no authority to request the Town Attorney to do something. If the Town Board has concerns then the Board will direct the Town Attorney to review it.
Councilwoman Enouen agree that we don’t want to set this precedence and the Board shouldn’t be bribed. As a Board we can look into the information or assign the Town Attorney to investigate it further. It feels impersonal.

AMEND RESOLUTION # 125-2020:

A Motion was made by Councilwoman Haugen-Depuy authorizing Supervisor Baden to return check to Margaret Smith.
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

LANDSCAPING BOND AMOUNT- BORREGO SOLAR:
Resolution # 126 -2020:

A Motion was made by Councilwoman Enouen upon advisement of the Town Attorney the Town of Rochester Town Board accepts the landscaping bond as presented.
6140 Route 209 $ 42,690.00
Airport Rd $ 42,005.00
Second: Councilman Hewitt
Discussion: Councilman Hewitt asked who would be inspecting the landscaping?
Supervisor Baden stated the Code Enforcement officer
Councilman Hewitt stated that the ECC would be willing to help as well.
Supervisor Baden stated that the planning Board wanted assurance that Borrego would be responsible if the landscaping was to die within the first year.

ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0 aye motion carried

TRANSITION OF DECOMMISSIONING BONDS FROM BORREGO SOLAR TO NEXAMP
Resolution # 127 -2020:

A Motion was made by Councilwoman Haugen-Depuy upon advisement of the Town Attorney the Town Board accepts the decommissioning bond of nexamp.
6140 route 209 North LLC $ 242,188.75
Off Airport Rd West LLC $ 262,382.00
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

NEXAMP COMMUNITY SOLAR PROPOSAL- TOWN ELECTRIC ACCOUNTS
Resolution # 128 -2020:

A Motion was made by Supervisor Baden authorizing the Town to enter into contract with nexamp for community solar with 8 Town properties.
Second: Councilwoman Enouen
Discussion: Councilwoman Haugen-Depuy asked if this includes the Palentown school?
Supervisor Baden stated no that the building doesn’t generate enough electricity to be considered. The Town will save approximately $ 2,600.00 per year. The solar facilities are 100 % sold out.
Councilwoman Enouen: asked what the length of the contract is and stated that it is good to be on solar and we can check in 6 months down the road to look at the savings.
Councilman Hewitt stated that this is a good case with the best value.
Councilwoman Haugen-Depuy stated that it shows we are backing them and supporting them as well.
Supervisor Baden stated that we can opt out anytime, it’s a pay as you go for up to 25 years.

ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0 aye motion carried

DISSCUSSION:

American Tower – Lease Proposals

Supervisor Baden stated currently we receive $ 130,000.00 in revenue each year with a 3% increase each year from American Towers. The best option at this point is to do nothing. Though this company is offering a substantial about of money we need to think long term. We still don’t know the reason why we are being offered this yet so we can hang on and maybe it will be a better offer in the long run.
Councilwoman Haugen-Depuy stated since it is 2 towers can we sell one and keep one? What’s the advantage there?

Councilman Hewitt exited the meeting at 9:04pm.

Safety Inspections:
Regarding the operations of overnight stay camps: the Town Code Enforcement Officer has to issue a fire/safety inspection and the County Health Dept. issues the operating permit. Currently no camps in our Town have been issued these inspections. Many Supervisor’s and County Executives have been lobbying hard to the Governor to not open these camps. We don’t see how camps can operate at social distance. The Ulster County Executive stated we have not received an application for such as of yet though a letter was written to the health dept. stating how overnight camps would be able to social distance.
Supervisor Baden stated the Town of Rochester has 3 camps that would fall under this category;
Locations are on Cherrytown Rd, Granite Road and Millhook Rd.
Attorney Christiana stated that the Code Enforcement officer is impowered to enforce social distancing rules.

UCRRA Contract:

Supervisor Baden asked the Board to review the UCRRA contract that will expire 12/31/2020.

Constabulary Report:

Supervisor Baden asked the Board to review the information sent and have a meeting with the attorney.
Councilwoman Enouen stated she would like a deadline.
Supervisor Baden stated that there needs to be a general conversation about the review. There are a number of questions, clarifications that we need to make and decide. There were a number of accolades and much praise in the report. We need to decide where we can make things better, not looking to make significant change.

BOARD MEMBER TIME:
Councilwoman Haugen-Depuy: received a letter from Constable Mattolla looking to do a web read of children’s books by the officers in the department.
Supervisor Baden stated we can put it on the Town youtube site.

ADJOURNMENT IN MEMORY OF

A Motion was made by Councilwoman Haugen-Depuy to adjourn the meeting at 9:22pm in the memory of ;
All suffering worldwide from the COVID-19 virus
John Cross
Jeremiah Flaherty
Cathy Schoonmaker
Second: Councilwoman Enouen
4-0aye, motion carried
Hewitt- absent

Supervisor Baden stated with May being Organ Donor month I would like to share a public service announcement video.