Town of Rochester Town Board held theAudit/Workshop Meeting on September 29, 2021 at6:00pm
At the Harold Lipton Community Center, 15 Tobacco Road, Accord, NY 12404
Livestream Broadcast on YouTube https://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

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
Supervisor Michael Baden

ABSENT:
Councilman Adam Paddock

6:00pm Audit of September 2021 Vouchers

PRESENT:
Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Chris Hewitt Supervisor Michael Baden
Town Clerk Kathleen Gundberg Town Attorney Marylou Christiana
Highway Superintendent Jeffrey Frey

ABSENT:
Councilman Adam Paddock

Workshop Meeting – to be held following Audit Meeting (approximately 6:45 – 7:00pm)

TENTATIVE BUDGET:

Town Clerk Gundberg presented the 2022 tentative budget to the members of the Board.

SUPERVISOR UPDATES:

Referendum Vote: We have sent out the press release for the date of the vote and will have a public viewing at skate time on October 12, 2021 from 6:30-8:30pm.
Councilwoman Enouen would like to put some information together ahead of time.

Short Term Transient Rental: the local law has been filed with the State. The application is in Attorney Christiana’s hands for review and approval.

RESOLUTIONS:

2021-2022 JCAP GRANT AUTHORIZED APPROVAL TO APPLY:
Resolution # 285-2021:

A Motionwas made by Councilwoman Enouen that the Town Board authorize the Town Supervisor and Town Justice to submit a JCAP Grant in the 2021-2022 grant cycle up to $30,000.00
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 4-0aye, motion carried
Paddock Absent

APPOINTING TEMPORARY CLERK:
Resolution # 286-2021:

A Motionwas made by Councilwoman Enouen to appoint Francine Kambouris Temporary clerk for training purposes only. The rate of pay will be $17.00 per hour from October 4-30, 2021.
Second: Councilman Hewitt
Aye: 4 nay: 0 abstain: 0 4-0aye, motion carried
Paddock Absent

DISCUSSION:

EMS SERVICES:
Supervisor Baden clarified any miscommunication that was relayed that Marbletown EMS will not cover Rochester and Rosendale issues because of funding. The County told Supervisor Baden that the EMS is not allowed to not provide service. We are working on resolving the issues and the budget proposal shows an increase in funding for both KFAS and Marbletown EMT. We can review the idea of improvement districts. We can look at the model Marbletown put together. It would become a taxing district where residents of that area pay a special district tax.

REQUEST TO ORDER EQUIPMENT- HIGHWAY SUPT. FREY:

Highway Superintendent Frey submitted a request for approval to purchase one 2023 Western Star 4700,47x for the quoted price of $230,365.00. This request is being made for Highway Superintendent Frey is looking to replace two older trucks and wants to be ahead of schedule. There is approximately a 15-18 month delay in receiving the vehicle and each month that goes by the price is increasing $3-4,000.

Resolution # 287-2021:

A Motion was made by Councilman Hewitt to authorize Highway Superintendent Frey to purchase one 2023 Western Star 4700,47X for the quoted amount of $235,365.00. This price includes a warranty of 5 years 100,000 miles on the motor/ transmission and after treatment. The following vehicle can be found on the Onondaga County Bid # 8996.The Town Board will incumber money in the DA fund budget.
Second: Councilwoman Haugen-Depuy
Aye: 4 nay: 0 abstain: 0 4-0aye, motion carried
Paddock Absent

WATERSHED PARK- COUNCILMAN HEWITT
Councilman Hewitt stated the adjustments were made to the contract as per the request of the Town Board.
Resolution # 288-2021:

A Motionwas made by Councilman Hewitt authorizing Supervisor Baden to contract with Andrew Faust for phase 2 of the Watershed education park and authorize the initial $ 2,000.00 payment.
Second: Councilwoman Enouen.
Aye: 4 nay: 0 abstain: 1 3-0aye, motion carried
Haugen-Depuy- Abstain
Paddock Absent
AMERICAN PLAN POSSIBLE PROJECTS UPDATE:
Councilwoman Enouen reached out to initiatea conversation with Fisch Solutions to discuss possible install of camera, microphone and screen to be utilized for meetings. They stated the cost would be approximately $2,000 then install fees. Councilwoman Enouen stated that she has a scheduled call with Fisch tomorrow and hopes to have quotes to the Board by next week. She is also going to get a quote for ourwebsite.

Supervisor Baden stated that the Town of Woodstock is using some of the funding to pay premium pay for essential workers during covid. Attorney Christiana will look into this further and the Board can discuss it at another time.

MANUFACTURED HOUSING PARK PERMIT HEARING:
The Town board decided to schedule the hearing for 10/27/21 at 6:30pm at the Harold Lipton Community Center.

LOCAL LAW # 5-2021: SOLID WASTE/LITTERING:

Currently the Town of Rochester has no littering law. The Town of Wawarsing has a very good one so Supervisor Baden combined sections of their law with our solid waste law. Asked the Board to review.

NOISE CONCERN:
The Board discussed the noise concerns that were brought before the Town Board this past week. Supervisor Baden stated we had both the Monster Truck show at Accord Speedway and a concert at Arrowood farm.
The Code Enforcement Office did send a letter to Arrowood that they are not in compliance with the Planning Board decision on special events in Arrowood’s application.
Supervisor Baden stated that many ordinances are too broad and we can try to look at examples with decibals.
Councilwoman Haugen-Depuy stated that NYS law shows a noise ordinance and under NY Penal Law 2040.20 there is a section on issuing a ticket for disorderly conduct for public nuisance.
Attorney Christiana stated that is very broad because you would have to prove that the person is intentionally creating a public nuisance.
Councilwoman Enouen asked that if the Board was to pass a ordinance would it apply to places that were already granted approval?
Supervisor Baden stated that the Town of Bethel applies for a noise permit, that could be a route the Board can explore as well.

AIRPORT ROAD CELL TOWER APPLICATION:
Resolution # 289-2021:

A Motionwas made by Councilman Hewitt and Seconded by Councilwoman Enouen to approve the following;
Be it known that, under the pains and penalties of perjury, the undersigned Members, Partners, Directors, Shareholders, Officers or Trustees, as applicable (collectively, the “Affiants”) of the above referenced entity (the “Landlord”), hereby declare and resolve the following:
1. Landlord (or its predecessor-in-interest) has leased or subleased a portion of land to American Towers LLC, a Delaware limited liability company (the “Tenant”) pursuant to that certain Land Lease dated July 11, 2007 (as the same may have been amended from time to time, collectively, the “Lease”).
2. Landlord and Tenant desire to enter into an amendment of the Lease (the “Amendment”) in order to extend the term thereof and to further amend the Lease as more particularly set forth in the Amendment.
3. Landlord is duly organized, validly existing, and in good standing in the jurisdiction of its formation, organization, and/or incorporation, as applicable, and is otherwise authorized to transact business and in good standing in any other jurisdictions where such qualifications are required. Landlord has full power and authority to enter into and perform Landlord’s obligations under the Amendment and the other Transaction Documents (as hereinafter defined), and the Amendment and the other Transaction Documents have been duly executed and delivered by Landlord. The Affiants listed below are the only legal and equitable owners of Landlord and are the only members, partners, directors, shareholders, officers and/or trustees, as applicable, of Landlord.
4. The Affiants hereby approve of the Transaction Documents and all of the terms and provisions contained therein and declare, resolve and/or affirm, as applicable, that Landlord is hereby authorized to enter into the Transaction Documents with Tenant and effect the transactions contemplated therein. The Affiants hereby declare and affirm that any other corporate and shareholder, member, partner, and/or trustee actions required to effectuate the transactions contemplated in the Amendment and other Transaction Documents have been completed.
5. The Affiants also declare that they have full legal authority to bind Landlord under the laws of the State or Commonwealth in which the Leased Premises (as defined in the Amendment) is located, and Affiants have the full authority to execute any and all of the Transaction Documents on behalf of Landlord and to nominate individuals to act on Landlord’s behalf.
6. The Affiants hereby nominate the below listed individual (the “Nominee”) as attorney-in-fact to execute and deliver the Amendment, together with any other documents and agreements, including, without limitation, the Memorandum (as defined in the Amendment), required to be executed and delivered pursuant to the terms and provisions of the Amendment (the Amendment and all of such other aforementioned agreements and documents, collectively, the “Transaction Documents”), on behalf of Affiants and Landlord. The Nominee shall have full power and authority to act on behalf of Affiants and on behalf of Landlord for purposes of executing and delivering the Transaction Documents and ensuring that Landlord fulfills its obligations thereunder. Additionally, the Nominee shall have full authority to direct the manner in which all payments made by Tenant pursuant to the Amendment are to be made to Landlord, including, without limitation, identifying which bank account(s) to transfer funds to in the event a wire payment is made by Tenant.
7. This Resolution and Consent Affidavit shall become effective as of the date of the last notarized signature of the Affiants listed below.
8. Affiants hereby acknowledge and agree that Tenant, its lenders, and its title insurance company are relying upon, and are entitled to rely upon, this Resolution and Consent Affidavit and the contents hereof as a material inducement to entering into the Amendment and other Transaction Documents. Tenant, its lenders, and its title insurance company may rely upon a faxed, scanned or otherwise electronically reproduced fully-executed copy of this document as if it were an original.
9. This document can only be amended or modified by addendum or an amendment that is fully executed and notarized by all Affiants listed hereunder, or their successors.
ROUTE 209 CELL TOWER APPLICATION:
Resolution # 290-2021:

A Motionwas made by Councilman Hewitt and Seconded by Councilwoman Enouen to approve the following;
Be it known that, under the pains and penalties of perjury, the undersigned Members, Partners, Directors, Shareholders, Officers or Trustees, as applicable (collectively, the “Affiants”) of the above referenced entity (the “Landlord”), hereby declare and resolve the following:
1. Landlord (or its predecessor-in-interest) has leased or subleased a portion of land to American Towers LLC, a Delaware limited liability company (the “Tenant”) pursuant to that certain Land Lease dated July 11, 2007 (as the same may have been amended from time to time, collectively, the “Lease”).
2. Landlord and Tenant desire to enter into an amendment of the Lease (the “Amendment”) in order to extend the term thereof and to further amend the Lease as more particularly set forth in the Amendment.
3. Landlord is duly organized, validly existing, and in good standing in the jurisdiction of its formation, organization, and/or incorporation, as applicable, and is otherwise authorized to transact business and in good standing in any other jurisdictions where such qualifications are required. Landlord has full power and authority to enter into and perform Landlord’s obligations under the Amendment and the other Transaction Documents (as hereinafter defined), and the Amendment and the other Transaction Documents have been duly executed and delivered by Landlord. The Affiants listed below are the only legal and equitable owners of Landlord and are the only members, partners, directors, shareholders, officers and/or trustees, as applicable, of Landlord.
4. The Affiants hereby approve of the Transaction Documents and all of the terms and provisions contained therein and declare, resolve and/or affirm, as applicable, that Landlord is hereby authorized to enter into the Transaction Documents with Tenant and effect the transactions contemplated therein. The Affiants hereby declare and affirm that any other corporate and shareholder, member, partner, and/or trustee actions required to effectuate the transactions contemplated in the Amendment and other Transaction Documents have been completed.
5. The Affiants also declare that they have full legal authority to bind Landlord under the laws of the State or Commonwealth in which the Leased Premises (as defined in the Amendment) is located, and Affiants have the full authority to execute any and all of the Transaction Documents on behalf of Landlord and to nominate individuals to act on Landlord’s behalf.
6. The Affiants hereby nominate the below listed individual (the “Nominee”) as attorney-in-fact to execute and deliver the Amendment, together with any other documents and agreements, including, without limitation, the Memorandum (as defined in the Amendment), required to be executed and delivered pursuant to the terms and provisions of the Amendment (the Amendment and all of such other aforementioned agreements and documents, collectively, the “Transaction Documents”), on behalf of Affiants and Landlord. The Nominee shall have full power and authority to act on behalf of Affiants and on behalf of Landlord for purposes of executing and delivering the Transaction Documents and ensuring that Landlord fulfills its obligations thereunder. Additionally, the Nominee shall have full authority to direct the manner in which all payments made by Tenant pursuant to the Amendment are to be made to Landlord, including, without limitation, identifying which bank account(s) to transfer funds to in the event a wire payment is made by Tenant.
7. This Resolution and Consent Affidavit shall become effective as of the date of the last notarized signature of the Affiants listed below.
8. Affiants hereby acknowledge and agree that Tenant, its lenders, and its title insurance company are relying upon, and are entitled to rely upon, this Resolution and Consent Affidavit and the contents hereof as a material inducement to entering into the Amendment and other Transaction Documents. Tenant, its lenders, and its title insurance company may rely upon a faxed, scanned or otherwise electronically reproduced fully-executed copy of this document as if it were an original.
9. This document can only be amended or modified by addendum or an amendment that is fully executed and notarized by all Affiants listed hereunder, or their successors.
ADJOURNMENT:

A Motionwas made by Councilman Hewitt to adjourn the meeting at 8:47pm
Second: Councilwoman Enouen motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK