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HomeMy WebLinkAbout2024-11-18 Town Board Minutes1 | P a g e Town of Danby Town Board Meeting Minutes Held Monday, November 18, 2024 Board Members Present: Joel Gagnon, Town Supervisor Leslie Connors Katharine Hunter Patricia Woodworth Paul Hansen Town Staff: Laura Shawley, Bookkeeper Mariah Dillon, Town Clerk Steve Cortright, Code Oiffcer Other Attendees: Ted Crane Zach Larkins Ronda Roaring Jim Holahan Captain Charles Tilton Ben Coakley, Water District Advisory Committee Chair Called to Order 6:02 Additions/Deletions to the Agenda Creating an audit committee for the court. ~ Moved to Business. Connors asked about appointing voting members for the Association of Towns Annual Meeting. - Dillon will bring documentation to the December 2 , 2024, meeting. Privilege of the Floor Ronda Roaring Wanted to know who will be billed for the electrical project at the Water District ARPA Funds). Roaring objects to the business of approving certain budget items when they aren't being explained to the people who are paying the taxes. “I still have no idea what's going on with the Youth Commission and why it's $35,000.” Roaring is glad there's going to be a crosswalk out there on 96 B. Ted Crane “With respect to the comment that (Holahan) made - request for an agenda item. I've spoken to Joel about this in the past. Last time around he was - I'm using the word appointing because you have a procedure for that - he was appointed without posting the position and without any particular interviews or discussion or anything. If that's the case, then you're not treating him as an appointee but as a hire. Then, of course, you don't need to go through it again. Otherwise, you have failed to notify the public that that position is open, and you have to start from scratch. About the minutes of the last meeting: under the public hearing for the budget I am listed as being against the budget, and I would like to protest strongly about that. From what I recall I made the following comments: 2 | P a g e 1. I haven't had a chance to read it in detail, so I really can't comment. 2. I was pleased that you made it under the tax cap. 3. That it is a shame that the target was not a zero-increase budget, but instead, a tax cap, which is, of course, an increase in potential taxation. 4. I spoke about the $1,000 here and $5,000 there. Later on, the phone system came to mind. Basically, the upshot of that is that you could put me in favor.” Dillon responded to Crane and moved his name to In Favor column of the Proposed 2025 Budget at the November budget public hearing. Correspondence – Hunter announced that the New York Department of Transportation has provided conditional approval of a crosswalk on 96B. Hunter will keep the group apprised of next steps. Announcements Appointee Terms Expiring in 2024: Name Membership Name Membership Fairchild Water Adv Sorrentino DYC Chair Colbert Planning Board Kirchgessner DYC Member Jones BZA Member Hunter DYC Member Owens CAC Member Shawley Threat Assessment Hunter CAC Member Hunter Threat Assessment Corbit CAC Co-Chair Cortright Threat Assessment Zisk CAC Co-Chair Dillon Threat Assessment Barr Historian Jordan Threat Assessment Kirshgessner Recreation Partnership Gagnon announced that the Town’s application for a DesignConnect Spring 2025 Project to envision a new residential neighborhood on the former Dobson property has been accepted. Reports and Presentations - None Meeting Minutes Resolution 2 56 of 2024 To Accept November 4 , 2024 Town Board Meeting Minutes Moved by Connors     Seconded by Gagnon Vote:  Connors Yes  Hansen    Yes Hunter Yes  Woodworth Yes  Gagnon Yes         Resolution 2 56 of 2024 passed on November 18, 2024   3 | P a g e Warrant Abstract 22 of 2024 Resolution 2 57 of 2024 To Accept General Fund Vouchers 421 - 448 for $29,549.96 Supervisor Gagnon questioned why the dental insurance for the Town Hall was in the Highway Abstract. It was agreed that it was probably a labeling mistake. Connors also pointed out a discrepancy between the abstract and the vouchers. Shawley offered to investigate. Shawley also noted that the Dental charges on the Highway voucher were in fact for the Highway Department. Shawley will bring the Erlich Pest Control contract to the next Town Board meeting. Moved by Connors     Seconded by Woodworth Vote:  Connors Yes  Hansen    Yes Hunter Yes  Woodworth Yes  Gagnon Yes         Resolution 2 57 of 2024 passed on November 18, 2024   Resolution To Accept Highway Fund Vouchers 207 - 218 for $171,873.83 ~ Motion withdrawn to consider the transfer of General Fund accounts Resolution 258 To Approve a Transfer of Funds Between Ga rage Contractual to Traffic Control (Both accounts are in the General Fund.) FROM TO AMOUNT A5132.400 Garage-Contr. A3310.400 -Traffic Control $ 4,192 Moved by Connors     Seconded by Gagnon Vote:  Connors Yes  Hansen    Yes Hunter Yes  Woodworth Yes  Gagnon Yes         Resolution 2 58 of 2024 passed on November 18, 2024   Resolution 2 5 9 of 2024 To Accept Highway Fund Vouchers 207 - 218 for $171,873.83 Moved by Connors     Seconded by Gagnon Vote:  Connors Yes  Hansen    Yes Hunter Yes  Woodworth Yes  Gagnon Yes         Resolution 2 59 of 2024 passed on November 18, 2024   4 | P a g e Business Authorize Electrical Contract for Water District Office The Town received several bids to run electricity from the pump house to the new office building in West Danby. Highway Superintendent Kieth Shipman has agreed to do the trenching needed to run the lines. Code Officer Cortright brought more details to the discussion. Coakley recommended that the Board accept the lowest bid. Resolution 2 60 of 2024 To Approve the B id from Hurd Electrical (if they are willing to accept the modifications for the piping, otherwise we will go with LaMorte). Moved by Woodworth     Seconded by Hanson Vote:  Connors Yes  Hansen    Yes Hunter Yes  Woodworth Yes  Gagnon Yes         Resolution 2 60 of 2024 passed on November 18, 2024   Decide on a Phone Service Provider Dillon provided updates to her investigation of other towns’ phone services. Discussion ensued, during which Connors stated that she felt inadequately informed . Resolution 2 6 1 of 2024 To Approve TCNS as a Phone Service Provider Moved by Hunter   Seconded by Hansen Vote:  Connors No  Hansen    Yes Hunter Yes  Woodworth Yes  Gagnon Yes         Resolution 2 61 of 2024 passed on November 18, 2024   Procurement Policy Addition /Revisions PROCUREMENT POLICY AND PROCEDURES Note: This policy replaces the Procurement Policy and Procedures originally adopted by Resolution 24 of 1993 (passed on 12 April 1993) and subsequently amended by Resolution 24 of 2004 (passed on 12 January 2004), Resolution 95 of 2010 (passed on 2 August 2010), Resolution 93 of 2022 (passed on 5 April 2022), and Resolution 58 of 2023 (passed on 18 January 2023). Resolution 262 of 2024 to Amend the Procurement Policy as Written Below 5 | P a g e Supervisor Gagnon noted the provision giving the Highway Superintendent authorization to purchase items not to exceed $4,000 at any given time without prior approval of the Town Board. This provision had been added in 2023 but not incorporated into the policy. The major change addresse d contracting with minority and women-owned businesses. Moved by Gagnon    Seconded by H unter Vote:  Connors Yes  Hansen    Yes Hunter Yes  Woodworth Yes  Gagnon Yes         Resolution 262 of 2024 passed on November 18, 2024   1. General Pursuant to Section 104-b of the General Municipal Law, which requires the governing body of every municipality to adopt a procurement policy for all goods and services that are not required by law to be publicly bid, the Danby Town Board adopted the follo wing procurement policy by Resolution Number 262 of 2024. 1. Every purchase to be made must be initially reviewed to determine whether it is a Purchase Contract, a Public Works Contract, or exempt. 1. Public Works Contracts are contracts which involve substantial or extensive services or involve special skills so that the acquisition of a commodity is incidental to the labor. 2. Purchase Contracts are contracts where there is little or no labor involved (are primarily the procurement of commodities) and should be treated as Purchase Contracts (ref: OSC 1998 publication 3006 on the Applicability of General Municipal Law 103). 3. Property purchases and true rentals or leases of property do not constitute “purchase contracts” within the meaning and intent of General Municipal Law 103 and therefore are exempt from the requirements. 2. Once the determination of the type of purchase is made, a good faith effort should be made to determine whether the purchase is subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law: purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from agencies for correctional institutions; purchases under State and County contracts; and surplus and secondhand purchases from another governmental entity. 6 | P a g e 2. Purchasing Methods The following method of purchase should be used when required by this policy in order to achieve the highest savings: Estimated Amount of Purchase Contract Method $0 - 500 Prior approval of Department Head $501 - 1,000 Prior approval from Town Supervisor $1,001 - 4,000 2 Written/fax/email quotations and prior approval from Town Supervisor & notification of the Town Board $4,001 - 19,999 3 Written/fax/email quotations and prior approval from Town Board Exception: Highway Superintendent is authorized to purchase tools, equipment (other than motorized equipment), small implements, tires and tubes, etc. in the amount not to exceed $4,000 at any given time without prior approval of the Town Board. (Res 58 of 2023) 2.1 A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposal be a bar to the procurement. 3. Policy 3.1 Documentation and an explanation are required whenever a contract is awarded to other than the lowest responsible offeror. This documentation should include an explanation of how the award will achieve savings or how the offeror was not responsible. 3.2 Pursuant to General Municipal Law Section 104 -b (2) (f), this procurement policy specifies the following circumstances when, or types of procurement for which, in the Estimated Amount of Public Works Contract Method $0 - 1,000 Prior approval of Town Supervisor $1,001 - 10,000 2 Written/fax/email quotations and prior approval from the Town Board $10,001 - 34,999 3 Written/fax/email quotations and prior approval from Town Board 7 | P a g e sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the Town of Danby. 3.2.1. Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity, and mo ral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services is such that they do not readily lend themselves to competitive procurement procedures. In determining whether a service fits into this category the Town Board shall take into consideration the following guidelines: (a) whether the services are subject to State licensing or testing requirements; (b) whether substantial formal education or tr aining is a necessary prerequisite to the performance of the services; and (c) whether the services require a personal relationship between the individual and municipal officials. Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance services involving extensive writing, editing or art work; management of services for customized programs, or services involved in substantial modification and customizing of pre -packaged software. 3.2.2. Emergency purchases pursuant to section 103 (4) of the General Municipal Law. Due to the nature of this exception these goods or services must be purchased immediately and a delay in order to seek alternative proposals may threaten life, health, safety or welfare of the residents. This section does not preclude solicitation of alternate proposals if time permits. 3.2.3. Purchases of surplus and second -hand goods from any source. 3.2.4. Sole-source items. All procurements made under one of the above listed circumstances require written documentation of the reasoning and information used. 3.3. Contracting with minority and women business enterprises and labor surplus area firms. 3.3.1. In an effort to affirmatively further procurement and contracting opportunities for Minority and Women-owned business enterprises (M/WBE) and labor surplus area (LSA) businesses, the Town of Danby will solicit M/WBE and LSA firms as part of its procurement process. When appropriate, the Town will solicit M/WBE and LSA firms through advertisements in statewide minority publications; direct outreach by letter, email, or phone; and by posting opportunities in the NYS Contract Reporter. 8 | P a g e 3.3.2 The Town will access certified M/WBEs from the Empire State Development’s Division of Minority and Women Development’s list of certified M/WBEs performing work in categories of labor or contracting that are or may be pertinent to the project bid or being bid. Information on LSAs will be accessed through the U.S. Department of Labor’s Employment and Training Administration list of LSAs for New York State. 3.3.3. The Town will also encourage and assist contractors that are awarded large bids to provide opportunities to M/WBEs and LSAs and will provide names and contact information of such firms upon request. 3.4. Section 3 of the Housing and Urban Development Act of 1968 3.4.1. In accordance with requirements under Section 3 of the Housing and Urban Development Act of 1968, as amended, the Town of Danby will ensure that, employment and other economic opportunities generated using certain financing from the U.S. Dept of Housing and Urban Development (HUD), which includes NYS CDBG funds, shall, to the greatest extent feasible, be directed to low -and-very-low income persons, particularly those who are recipients of government assistance for housing, and to business concerns that provide economic opportunities. 3.4.2 The Town will include Section 3 language in advertisements for bids and other opportunities that are covered by Section 3 and will access HUD’s list of Section 3 businesses, when appropriate, for direct outreach. The Town will include a Section 3 clause in construction contracts in excess of $100,000 or more for CDBG -funded projects that are subject to Section 3 requirements. 3.5. The unintentional failure to comply with the provisions of this policy shall not be grounds to void action taken or give cause for action against the Town or any officers or employees thereof. 3.6. This policy shall be reviewed annually by the Town Board. The adopted policy is to be distributed to anyone making purchases on behalf of the Town. ARPA Commitment Update Shawley provided an u pdate on Purchasing the So lar Panels . She will make sure that all funds are committed by December 31, 2024. She mentioned that the buyout after 10 years for the solar panels is in September of 2027. Holahan expressed that purchasing the solar panels would be a great use of the money. He will get quotes for a maintenance contract and a monitoring system for the solar panels . Supervisor Gagnon explained that the current owner of the solar panel s, Sunvestment, has been paying for the maintenance and monitoring of the system and charging us for the 9 | P a g e electricity that is produced. When the Town of Danby owns the system, we will still be charged for the electrical output until the contract ends in September of 2027 as well as pay for the maintenance and monitoring of the system. Woodworth interjected that this would only be for a short while per the terms of their contract. This is due to the early buyout using ARPA funds. The benefit is that we can purchase the system with ARPA funds. The electrical installation and interior finish materials for the West Danby Water District office will run approximately $5,000, and it was agreed that they will be paid for with ARPA funds. Discussion ensued regarding the fire hydrant project in West Danby . It was agreed that the fire hydrants project would be taken off the ARPA list and the new phones, for which we have a contract, a new computer, and the automatic door openers at Town Hall will be included. Shawley will find smaller expenditures , if needed, that will complete the total commitment amount of ARPA funds. Next Steps in Implementing a Crosswalk on 96B Hunter is waiting for a formal letter from the DOT . The Town will need to pay for the head landings and determine exactly where they will be located. DOT will provide signage and street markings. Appointing Board Members to Audit Court Records Resolution 263 of 2024 To Appoint Woodworth and Hunter to Audit the Court Records Moved by  Gagnon   Seconded by Connors Vote:  Connors Yes  Hansen    Yes Hunter Yes  Woodworth Yes  Gagnon Yes         Resolution 263 of 2024 passed on November 18, 2024  Discussion of Next Meeting Agenda Public Hearing on Tax Exemption Language App oint oiffcers of the AOT Annual Meeting ARPA Review Review Special Event Law Adjourn 7:45 PM