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State of New York

County of Fulton

Town of Caroga

Minutes of the special Caroga Town Board meeting held Friday September 25, 2020 via tele-conference as per Executive Orders 202.1 and 202.15 and further extended by 202.60. The following persons were in attendance by roll call:

Supervisor Scott Horton - Here

Council Member John Glenn - Here

Council Member James Long - Here

Council Member Richard Sturgess - Here

Council Member Donald Travis - Here

There were five members of the public in attendance, including the press (both by tele-conference and at the town hall).

The pledge of allegiance was conducted.

Supervisor Horton introduced one piece of business: The Nathan Littauer Hospital (hereafter referred to as NLH) Land Lease. He noted the lease has a 10-year term with three 10-year term renewals. He recalled that the Town had combined two parcels and rezoned the combined parcel. He noted the lease allows NLH to tap into the town hall water and septic lines. He said the lease would allow NLH to go outside the development area for septic if the town were to abandon the town hall. He said the rent would be roughly doubled over the current rent. He said the lease payments would go up 10% every five years, compounded.

Council Member Glenn discussed his experience with clinic hours of operation.

Supervisor Horton said NLH would be responsible for all other utilities.

Council Member Sturgess asked about future septic repair costs.

Supervisor Horton said the town would be responsible for repairs.

Council Member Glenn asked about insurance.

Supervisor Horton noted that NLH must maintain a minimum of one million dollar coverage.

Council Member Glenn asked about malpractice insurance coverage for the Town.

Supervisor Horton said that was not in the lease. He explained why it was not needed.

Supervisor Horton described the lease agreement as a “win-win”.

Council Member Sturgess agreed that it was a “win-win”. He expressed his concern about the duration of the lease.

Council Member Long expressed his desire to state for the record that the job Supervisor Horton did in negotiating the lease agreement was commendable - excellent. He said that after having read through the lease carefully, he found it to be highly favorable to the town. He then asked to move a resolution.

RESOLUTION #2020-121 to authorize Town of Caroga Supervisor to sign a lease agreement with Nathan Littauer Hospital was offered by Council Member Long.

WHEREAS Nathan Littauer Hospital wishes to lease a portion of 1840 State Highway 10 and build a micro-clinic, and

WHEREAS the Town of Caroga recognizes the importance of a Nathan Littauer clinic to the clinical and economic health of the Town, and

WHEREAS the financial terms of the lease are favorable to the Town of Caroga, and now therefore be it

RESOLVED that the Town Board authorizes the Town Supervisor to sign the lease agreement.

Seconded by Council Member Glenn.

Discussion:

Council Member Travis discussed NLH micro-clinic maintenance by the custodian.

Supervisor Horton said the custodian would be acting as an independent contractor and he could do what he wants.

Council Member Sturgess reiterated his position that not even the second renewal term should be in the lease agreement.

Supervisor Horton explained that NLH needed the 40-year term in part because the bank requires that the lease be equal to or longer than the duration of the financing. He noted that the negotiations started at 50 years. He noted that the town would have to plow the parking area anyway.

Council Member Glenn explained that the second, third and fourth 10-year periods were renewal periods.

Supervisor Horton stated that was correct and the terms of the lease agreement could be changed through negotiation at the beginning of each 10-year term.

Supervisor Horton went on to explain that if NLH chooses to abandon the building at some point in the future, NLH could take any and all personal property, bolted down or not, but would be responsible to repair any damage caused by the removal of such property.

Council Member Travis said that if the Town did build a new town hall, he thought the Town would still use the town hall property.

Council Member Sturgess said that did not mean the snow would need to be removed every time it snows.

Council Member Travis said even if the town hall building was not being used in the winter, the Town would still have to remove snow to provide access in the event of fire.

Supervisor Horton said the water and septic system was a big issue in the negotiations.

Council Member Glenn commended Supervisor Horton on the lease.

Adopted by a roll call vote as follows:

Supervisor Scott Horton - Aye

Council Member James Long - Aye

Council Member John Glenn - Aye

Council Member Richard Sturgess - Aye

Council Member Donald Travis - Aye

At 10:21 AM Council Member Long made a motion to adjourn the meeting. The motion was seconded by Council Member Glenn. All board members were in favor of the motion.

Respectfully submitted,

Douglas H. Purcell, Jr.

Chair, Zoning Board of Appeals