Town of Rochester Town Board held a Special MeetingApril15, 2021at 4:00pm via
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ
Listening Dial in Number +1 929 205 6099 Meeting ID:854 0587 2461 Password: 308601
PRESENT:
Councilwoman Erin Enouen Councilman Adam Paddock
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Attorney Marylou Christiana Highway Superintendent Jeff Frey
ABSENT:
Councilwoman Bea Haugen-Depuy Councilman Chris Hewitt
Supervisor Baden called the meeting to order and led in the Pledge of Alligence to the Flag.
AUTHORIZING A CONTRACT:
Resolution # 156-2021:
A Motionwas made byCouncilwoman Enouenthat;
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 in the form of 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, on February 11, 2021 with resolution #100-2021the Town of Rochester selected and awarded a contract agreement to Meyer Contracting Corporation, 12 Charles Street, Pleasant Valley, NY 12569, in the amount of $1,235,000.00, contingent on the approval of the Governor’s Office of Storm Recovery; and
WHEREAS, on February 15, 2021 the Town of Rochester conveyed offer of contract agreement to Meyer Contracting Corporation, 12 Charles Street, Pleasant Valley, NY 12569, and
WHEREAS, on April 2, 2021, Meyer Contracting Corporation, citing the requirements of the State of New York General Municipal Law Section 105, stating that contracts not awarded within the time provided by the law may be withdrawn, submitted by letter its notice of Withdrawal of Bid for the above project; and
WHEREAS, General Municipal Law provides that a bidder may withdraw its bid, if a contract is not awarded within 45 days of the receipt of the bid, and in this instance the bid contract was awarded well within the 45-day time period; and
WHEREAS, Meyer Contracting Corporation refused to enter into the contract in accordance without deviating from the material terms of the bid and the bid specifications, and
WHEREAS, on April 8, 2021 the Town of Rochester Town Board accepted the withdrawal with resolution # 153-2021and;
WHEREAS,all remaining bidders were requested to submit amended materials costs due to escalated lumber and metal cost, and
WHEREAS,the second lowest responsible bidder for General Construction services is Barone Construction Group, Inc., 23 New Paltz Road, Highland, NY 12528; and
THEREFORE, BE IT RESOLVED that the Town of Rochester Town Board selects and awards a contract agreement to Barone Construction Group, Inc., 23 New Paltz Road, Highland, NY 12528 for General Construction in the amount of $1,422,010.00, 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 15th day of April 2021
Second: Councilman Paddock
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy absent
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 3-0aye, motion carried
DISCUSSION:
Supervisor Baden asked members of the Board if they have had the opportunity to review the letter and were satisfied with sending it to the Planning Board.
Councilwoman Enouen stated, “ I read the letter and one section it says, “ I take responsibility and the next section says on behalf of the Town Board… I think it should have stronger wording coming from the full Board. It should state that the full Board is asking for this consideration.
Supervisor Baden stated that he will make this change and admits as formerly being the Planning Board chair if anyone should have thought about it, it should have been me. We got the approval in September of 2019 and moving forward with the next steps and everything has been delay because of COVID and that renewal fell at the wayside. There is no other answer than it wasn’t thought about. It is a urgent issue because if we have to go back through the review I don’t think the project will happen. We are in such a tight window to part of the reason why we are pushing this contract today so we can start building permits for May.” I will reword it and circulate it to the Board before I send it tomorrow.”
Councilwoman Enouen stated, “ I felt stronger that the wording be whole Board asks for this consideration and request. We understand it was a mistake but we don’t want to loose this project.”
Supervisor Baden stated , “ It is my hope that they will consider that in their diliberations because being a municipal project is much different than a personal project, if we owned the building we wouldn’t have even been in front of them. We are doing the project but the Fire Company owns the building and they aren’t exempt from zoning regulations.”
Attorney Christiana stated, “ I like Erin’s idea, but if the Board wants it to come from the Board, maybe someone should make that resolution that it is coming from the whole Board.
REQUEST TO SEND LETTER TO THE TOWN PLANNING BOARD:
Resolution # 157-2021:
A Motionwas made by Councilwoman Enouen to authorize the Supervisor to send letter of request for extension on site plan approval from the entire Town Board to the Planning Board.
Second: Councilman Paddock
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy absent
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 3-0aye, motion carried
AUTHORIZE EMPLOYMENT OF LABORER:
Resolution # 158-2021:
A Motion was made by Supervisor Baden to authorize the employment of Justin Junta to the position of laborer at a rate of $ 15.00 per hour at 32 hours per week effective May 3, 2021.
Second: Councilman Paddock
Highway Superintendent Frey stated he was reputable, volunteers with the Fire Company and is a good kid.
Councilwoman Enouen stated, “Even though the Town doesn’t have a formal hiring process I would like to see this move forward.”
Councilman Paddock: asked if he is local and if the $ 15.00 rate is the starting rate or is it suppose to be $ 15.50.
Supervisor Baden stated, “ $ 15.00, because the other employees have been there longer.”
ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy absent
Councilman Hewitt absent
Councilman Paddock aye
Supervisor Baden aye 3-0aye, motion carried
ADJOURNMENT:
A Motionwas made by Councilman Paddock to adjourn the meeting at 4:19pm.
Second: Councilwoman Enouen motion carried