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HomeMy WebLinkAbout2011-04-05TH 4 -5 -1 l TOWN OF DRYDEN SPECIAL TOWN BOARD MEETIAG April 5, 2011 Present: Supervisor Mary Ann Sumner, Cl Stephen Stelick, Cl Joseph Solomon, Cl Jason Leifer, Cl David Makar Elected Officials: Iambi L. Avery, Town Clerk Other Town Staff: Mahlon R_ Perkins, Town Attorney Supv Sumner opened the meeting at 10:05 a.m. PUBLIC HEARING REQUEST OF CLARITY CONNECT, INC. FOR A WAIVER OF CERTAIN FEES AND REIMBURSABLE EXPENSES Supv Sumner opened the public: hearing at 10:06 a.m. and dispensed with reading of the public notice that was published in The Ithaca Journal can March 25, 2011. There were no questions or comments and the public hearing was left open. The board has reviewed the proposed leas(; between the Town of Dryden and Clarity Connect:, Inc. for a parcel of property owned by the Town on Beam Hill Road. The board has approved Clarity's application for a special use permit to put a telecommunications tower on that parcel with conditions that included the execution of this lease. The tower will be owned by Clarity and Armor Tower. RESOLUTION NO. 76 (2011) - AUTHORIZE LEASE OF TOWN -OWNED PROPERTY TO CLARITY CONNECT, INC. Supv Sumner offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden ("Towwi") owns real property at 285 Beam Hill Road, identified as Town of Dryden Tax Map Parcel No. 60. -1 -7, which property was conveyed to the Town by deed recorded in lilaer 554 of Deeds at page 1189 in the Tompkins County Clerk's Office, and WHEREAS, the Town has improved the property and owns a telecommunications tower on said parcel, which tower is for the use of its highway department, and WHEREAS, said tower had excess space and capacity, and such space constituted surplus property, and WHEREAS, the Town has previously approved leases with Neptune Hose Company No. 1. of D ydc,n, Inc., Dryden Central School, and Cornell 'Teaching and Research Center (along with the Town of Dryden, the 'existing users ") in the manner provided by law for the lease of town -owned property, and WHEREAS, a proposed lease of part of the Town's surplus property at 285 Beam Hill Road has been negotiated with Clarity Connect, Inc. ("Clarity ") and Armor Tower, inc. Page I ol'6 �� I 1 �i 'I'll 4-5-11 (Armor"), which lease provides, among other things, that the 'Tenant may construct a • telecommunications tower on such surplus property, is required to relocate the existing users' antennae, cabling, etc, to the new Clarity /Armor telecommunications tower, and make the electrical re- connections of the existing users to the grid and existing standby emergency power supply, is for a five -year term and also requires Clarity and /or Armor to pay for all electricity furnished all the tower users, and also reserves the right of the Town to charge existing users a fee to have their antennae and equipment located on a non -town -owned tower situate on town- owned property, and provides certain rights for the Town to acquire the telecommunications tower, and WHEREAS, the Town's tower is in need of extensive maintenance and there is capacity on the Clarity/Armor tower for at] existing users of the Town's site at 285 Beam Hill Road, and WHEREAS, the relocation of existing users will allow the existing town- owned tower to be removed and will obviate the necessity of expending funds on maintenance of an old tower, and WHERF,AS, the proposed lease between the Town and Clarity/Armor expresses the consideration for the use of town -owned property including the obligations of Clarity/Armor ffi referred to in the recitals hereof, and the right foil the Town to acquire the telecommunications tower under the conditions and terms set forth in the proposed lease, and WHEREAS, such lease has thoroughly been reviewed by the Town Board, NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Dryden as follows: 1. That portion of said town -owned property described in such lease not: currently utilized by the Town is determined to be surplus property. 2. The consideration expressed in the proposed lease is determined to be fair, reasonable and adequate consideration for the lease by the Town of such surplus property. 3. The Town Supervisor is hereby authorized and directed to enter into a lease agreement with Clarity Connec >t, Inc. and Armor Tower, inc. in substantially the form presented to the Town Board. 4. This resolution is adopted subject to a permissive referendum as provided in Article 7 of the Town Law. S. The Town Clerk is directed to publish and post as required by law notice of adoption of this resolution within ten (10) days of the date of adoption hereof. ta. This resolution shall take effect the sooner of thirty (30) days after the adoption hereof if no lawful petition for a permissive referendum is filed, or upon approval by the electors of the Town as provided in 'Town Law Section 91 if such a petition is filed. 21,1 Cl Leifer Roll Call Vote Cl Stclick Yes Cl Solomon Yes Page 2 orr, 1114-5-11 Supv Sumner Yes Cl Makar Yes CI Leifer Yes Tompkins County Area Development has identified Cortland Produce as a business eligible for economic development in connection with the funds the Town made available to them for that purpose. Cortland Produce has applied and TCAD has provided the Town with documents necessary according to the agreement between TCAD and the Town. The Board reviewed the proposed resolution prepared by Atty Perkins. Atty Perkins explained the agreement with TCAD required the Town to set aside in a separate account $100,000, which was never done, though it is separated in the budget. As the funds are repaid to TCAD, those funds will be set aside for future, use for the same purpose. TCAD will provide an annual report. it was suggested that payment of dues by the Town be combined with a request for this annual report if it has not already been received. The board can review the progress report annually at the organizational meeting, or this could be a task for the finance committee. RESOLUTION #77 (2011) - RESOLUTION MAKING CERTAIN DETERMINATIONS IN CONNECTION WITH A TOWN- FUNDED LOAN TO CORTLAND PRODUCE, INC. FROM CDBG FUNDS AND APPROVING A REQUISITION OF $509000 TO FUND SUCH LOAN Supv Sumner offered the following resolution and asked for its adoption: • WHEREAS, in 20) (8, the Tow n entered tc, ed into a Grant Agreement. «ith Tompkins County Area Development, Inc. ("TCAD") whereby TCAD, as Tompkins County's principal economic development agency, would accept a grant of the Town's C17BG funds for the purpose, of making economic development loans to qualified businesses in the Town of Dryden, and WHEREAS, TCAD has identified Cortland Produce, Inc. as an eligible business for an economic development loan in connection with its acquisition of the property at 1.50 Johnson Road in the Town of Dryden and the renovation thereof (the Project), and WHEREAS, pursuant to the 2008 Grant Agreement, TCAD has provided the Town with the Memorandum required by Section 3.1(b)(i) of such Grant Agreement, the Certification required by Section 3.1(b)(ii) of the Grant Agreement, and the amount; of the requisition pursuant to Section 3.1(b)(iii) of the Grant Agreement, and WHEREAS, the Town, under the Code of Federal Regulations (CFR) is the responsible entity in connection with the Environmental Review Record for the Project, and WHEREAS, pursuant: to 6NYCR.R 617.5(c)(2), the proposed project is not an action subject to review under the State Environmental Quality review Act (SEQR) as it: is a Type 11 action since it does not involve any change to the existing building footprint or change in the use of the Property, and Page 3 cif 6 .t R 4 -5 -11 WHEREAS, sufficient funds exist in the Town's Community Development Fund to disburse the requisitioned funds to TCAD for the purpose of making an economic development loan to Cortland Produce, inc. for the Project, now, therefore BE IT RESOLVED as follows: 1. The proposed project represents a categorically excluded activity pursuant to 24 CPR 58.:35(b)(4) and, as such, does not require a rex4ew or compliance determination under the Federal laws and authorities cited in 24 CFR 5 3.5. In addition, no request for Release of Funds or related notices is required. With respect to the provisions at 24 CPR 58.6, the Project does not include acquisition or construction within a FEMA- designated flood hazard area, is not located in the Coastal Barrier Resources System, and does not involve the purchase or sale of property in a Runway Clear Zone as defined in 24 CPR Part 51, 2. The Town Supervisor is directed to execute on behalf of the Town the statutory checklist Supv for statutes and regulations listed at 24 CPR 58.6. 3. The Project is a. Type II action and not sutJect to further environmental review. 4. The Town Supervisor, as the Town's fiscal officer, is directed to disburse $50,000 from the Town's Community Development Fund to TOAD for the purpose of making an economic development loan to Cortland Produce, inc. in accordance with the March 22, 201.1 Memorandum and Certification of TCAD. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Surrrner Yes Cl Makar Yes Cl Leifer Yes With respect to the fee waiver by Clarity Connect, Inc., Atty Perkins said there are logs of ways the Town could potentially handle it. One option is to simply say that Clarity doesn't owe the Town anything. Another option is to say the Town will waive a certain amount of the total. A third option, now or for future requests, is to tie the waiver to performance. lie said once the fees are waived, you will never get there back and the only thing the Town has that requires Clarity to do anything is the agreement and the lease. The worst thing that happens is they go out of business, they lose their equipment, and the Town still has a tower with equipment on it. The purpose of the grant was to make the service available. There are all kinds of formulas that could be used. The town could theoretically tic forgiveness of the fees, or part of the fees on performance, such as how many customers are being served, and do it year by year. This is something that is for the "public good" and the town should make sure that. the taxpayers' money that came from the state or that the town is waiving has produced that good. Supv Sumner said she likes the idea of tying i:he waiver to performance. Chuck Bart:osch said that Clarity has promised a $30 per month price (if paid yearly) for five years, The fees could be waived by one - fifth each year. That would guarantee they perform for the five years. Atty Perkins said under the December 2010 agreement Clarity promised to provide four wi -fi hotspots and provide one streaming video a year. Those promises could be considered for Page 4 ot'6 '1'13 4-5 -1 1 this fee waiver request. The Town needs to have justification if in the future another service provider wants a big fee waiver. The Board and C Bartosch agree to this in principal. Atty Perkins said the big concern for the town (on the Beam Hill site) is the tower, because the town will have its equipment moved to the new tower and take down the old tower. Supv Sumner asked what would happen if the fees were waived and the Clarity Connect went out of business. C Bartosch said they would have to sell assets to pay their debts. If the Beam Hill tower were sold it would have to be sold under the condition that the 'Cow-n would still have access. There are conditions in the lease agreement that the town has the right to buv the tower. Because; there is no financing for the Clarity towers, Atty Perkins said Clarity could give the town a diminishing lien, much like the Community Development Block Grant funds, on those towers in the town. It would be self- extinguishing over the five years. C Bartosch said he would be happy with that. Supv Sumner said the fire fighters had expressed hope that using sorne of Clarity's towers would help the communication they have with the hospital. Their service is spotty now and they think the wi -fi would help. She said Clarity may be able to provide that free of charge to the fire departments. Atty Perkins said according to the December agreement., Clarity needs to advise the town when they are up and running. The measurement: begins at that point. With respect to an agreement: for waiver of fees, Clarity can provide an annual report of what has been accomplished according to the terms of that. agreement, and other things that that: town may want to take into consideration (such as working with the fire departments) so that the town ® has the whole picture when the annual evaluation is made. The Planning Department needs to be advised that the Town Board is waiving the fees subject to entering into an agreement with the Town regarding an annual performance review and provided that certain objectives are substantially met, the board will waive annually one - fifth of the total amount. Supv Sumner closed the public hearing. The board reviewed the fees to date that: Clarity has requested be waived. Those include engineering fees to Tectonic (billed and anticipated) of $9,500, tower application fees of $15,000, and building permit fees of $900.00. The notice published listed a figure of $22,231 and refers to three applications. The application for a co- location on Mt Pleasant will not be addressed in this agreement. After discussion, the board agreed to waive a total amount not to exceed $25,000. RESOLUTION #78 (2011) - AUTHORIZE AGREEMENT FOR WAIVER OF FEES WITH CLARITY CONNECT, INC. Cl Stelick offered the following resOlution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to enter into an agreement with Clarity Connect, Inc. for the waiver of tees for three telecommunication towers (located on Midline Road, Bone Plain Load, and Beam Hill Road). The outline of the agreement is that: Clarity Connect, Inc. will live up to its obligations in the December 2010 agreement with respect to restriction on the monthly fees to be charged, will provide the free ® wireless hotspots set forth in that agreement and in the grant application, and will provide at least one public forum online strearning video per year. This will be structured as a five year Page 5 01-6 TB a -5 -t 1 agreement %with one -fifth of the total amount of fees to be waived (after performance review) 46 each year. The total to be waived for these three towers will not exceed $25,000, including the tower application fees, the building permit fees, and Tectonic's fees in 2011. 2nd CI Solomon Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Uifer Yes Atty Perkins asked C Bartosch for a corporate resolution from Clarity and from Armor authorizing the execution of the lease with the Town. Supv Sumner announced that the infrastructure committee will be meeting about a. Cortland Road wager district at 11:00 a.m. Finger Lakes Land Trust - Cl Makar said he has spoken with Atty Perkins and D Kwasnowski about a contract with the town for a donation to the Finger Lakes Land Trust, for the property on Irish Settlement Road. Cl Makar will provide copies of previous contracts with FLLT to Atty Perkins as models, He added he has received positive comments from one neighbor of the property. The Technology Committee met yesterday and the trop three candidates for the business process analysis were interviewed. Five proposals were submitted and three were interviewed. The interviews conducted by C1 Makar, Cl Leifer, the Town Clerk, Melissa Bianconi and Dan Kwasnowski. After the interviews about 15 minutes were spent discussing each applicant. The recommendation was to go with Access Systems. They are physically the closes company to us, they have done other work in Tompkins County, they have a stair of six people. The lowest proposal was from a single person and the highest proposal has multiple staff and are in Long Island. The two biggest pieces of this are records management and work flow. There was concern that the lowest proposal with no support staff, would not be able to deliver a product in a timely manner. Their scope work was not as extensive and they may have underestimated the amount of work involved. Access System is an approved vendor under the NYS OGS mini bid contract for professional services. Atty Perkins said the next step is ask Access to submit: a proposed contract and bring a resolution to the board authorizing the Town Supervisor to sign the contract. Supv Sumner said she had been thinking about how firmly the board has clung to trying to avoid creating new staff positions and one of the reasons we have been able to keep the staff small compared to other towns is that board members do so much work on things like this, There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 11:00 a.m. Respectfully submitted, " 13am bi L. Avery Town Clerk Page 6 of 6