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HomeMy WebLinkAbout2000-02-14 il ^I 4 I ii 4 , tl - ; I � �lit ) l��� � r, f Il i s: 1 M. 1 L , ,f. , I 1 t^ , __ 1X62 1 Town Board Minutes February 14 , 2000 TOWN OF DANBY TOWN BOARD MINUTES FEBRUARY 14 , 2000 Regular Meeting PRESENT : Supervisor Edward Inman Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Stephen Whicher - Director of Tompkins County Assessment Lauren Bishop - Ithaca Journal Reporter Members of the Public : Linda Dorn, Roy Casterline , Robert Roe , Edward M . Roberts , Ken Horst, Willard and Dorothy Daetsch, Eileen Wright, Esther Dotson, Pat Curran, Nigel Dyson-Hudson, Sue Howe Supervisor Edward Inman called the meeting to order at 7 : 01 p . m . and led all present to the Pledge of Allegiance to the American flag. ADDITIONS TO THE AGENDA : Councilperson Strichartz asked that an item for use of the Town Hall be added to the agenda. No Board Member objected . PRIVILEGE OF THE FLOOR: Town Clerk Carol Sczepanski reported that she is receiving response from some New York State Town Clerks and New York State Town Clerk Regional Directors that their Town Boards have adopted resolutions regarding setting of speed limits on Town roads . Their respective townships are passing resolutions and forwarding them to the Association of Towns and their New York State Legislators . Code Enforcement Officer Susan Beeners requested the following items to be placed on the Agenda: 1 ) Town Board review the Draft of the Tompkins County Contract that was laid on the table tonight . 2 ) Consider an expenditure of up to $ 500 . 00 for additional restoration work in the crawl space at the Town Hall . 3 ) Recommended that the Town Board refer to the Planning Board the Unity House that notification to the Town of Danby of its interest and intent to establish and operate a Community Residence for individuals with mental retardation and developmental disabilities (Individual Residential Alternative) 4 ) Recommended that the Town Board refer the request from Tompkins County Fire and EMS Service to the Town of Danby to re-name Miller Road East and Miller Road West to East Miller Road and West Miller Road . I 5 ) Requested that the Town Board authorize the Highway Department staff with the Code Enforcement Officer' s assistance to draft low volume/low maintenance roads local law . Tompkins County Division of Assessment Revaluation Summary & Analysis Report Stephen Whicher, Director of Tompkins County Division of Assessment addressed the Board and public with the Year 2000 Revaluation Summary and Analysis Report. All taxable properties in Tompkins County have been re-assessed. Mr. Whicher explained the charts and grafts in summary and analysis report . All Town of Danby property owners will be mailed a "Assessment Disclosure Notice" on March 10 , 2000 . There has been adequate time scheduled by assessment to allow for hearings on the revaluation. iii s) 2 Town Board Minutes February 14 , 2000 A copy of the "Year 2000 Revaluation Summary & Analysis Report" prepared by the Tompkins County Division of Assessment is on file in the Clerk ' s office . Supervisor Inman reported that at this time the Board is looking into disability exemptions for Veterans and upgrading our Veterans exemptions and asked how this would affect our tax base . Stephen Whicher said that a veterans exemption it would have little effect on the tax base as it is a very limited exemption and few residents who can qualify and are persons who are really in need . He said that he supports the veterans and disability exemptions . A list can be obtained from Tompkins County Division of Assessment and the assessed value . PRIVILEGE OF THE FLOOR: Town Clerk Carol Sczepanski reported that she is receiving response from some New York State Town Clerks and New York State Town Clerk Regional Directors that their Town Boards have sent copies of adopted resolutions and letters of acknowledgment regarding setting of speed limits on Town roads . Members of the Public : Linda Dorn reported that at the last meeting she heard there were problems with zoning in Danby . The problems have nothing to do with the zoning office but there is not a check list or guidelines for residents to follow. Ed Roberts reported that the all three Danby voting machines have been modified and are now handicapped accessible . Supervisor Inman turned the meeting over to the Deputy Supervisor Naomi Strichartz to continue the Privilege of the Floor. Pat Curran of West Danby reported on a problems that occurred in the construction of a two story addition on her residence . Nigel Dyson-Hudson distributed a brief list of deficiencies in the construction of the addition to the Board . Deputy Supervisor Strichartz reported that because this was a matter of litigation the Town Board cannot reply and stated ; "This case was dismissed by the Courts accordingly upon the fact found herein and for the reasons set forth the defendant Town of Danby ' s Motion for dismissal for the complaint as against it is hereby granted in its entirety . The decision shall also constitute the order of the Court. " The Town Board can' t respond in any other way to this until the time for an appeal has passed . Ms Curran became disruptive and was asked to have a seat or to leave the meeting . Deputy Supervisor Strichartz turned the meeting over to Supervisor Inman County Representative Report : Supervisor Inman reported that Representative Proto was not able to attend the meeting and conveyed the following : 1 ) March 13 , 2000 at 7 : 45 p . m . there will be a Telecommunication Meeting here in Danby on the Tompkins County proposal for additional cell towers for E-911 . 2 ) The deadline for submitting agricultural assessments is March 1 , 2000 . 3 ) From mid March to mid April Danby has allowed the Census 2000 for information ; 4) T-Cat is updating their rider survey 5 ) Frank and Ed both thank everyone who stopped at the Danby General Store to visit their coffee clutch. They will be at the Danby General Store Tuesday, March 14 , 2000 from 7 : 00 - 8 : 30 a . m . 6) The County will be revisiting the County sanitary codes concerning water and septic agin in March . Communications : fl ‘ ci I 11 1169 3 Town Board Minutes February 14, 2000 1 ) Letter to the Board from Steve Weisburg and Betsy Wohl concerning a property on Tallow Hill Road requesting help to obtain electric power to their home . Code Enforcement Officer reported that there is also a seasonal residence on that road where private arrangements to share the cost for additional line can be obtained . 2 ) Training Session calendar from the Office of the State Comptroller 3 ) Letters from Municipalities re : Town of Danby Resolution to Association of Towns for Support in reducing speed limits on Town Roads . 4) Letter from Unity House notification of proposal to have a community residence in Danby . Reports : EMC (Environmental Management Council) - Bob Roe reported that the TGEIS on Southwest Park is completed and available for public review and the final date for public comment is February 17th. A written response was received from Cornell regarding their proposals for the radiation disposal site for remediation of that site . Their response is scheduled for discussion at the Land Use Sub- committee. Highway Department Report: Sue Howe reported that on the Agenda tonight is the bid award for the 10-wheel dump truck. The Highway Superintendent asks that the Board be aware that the price for diesel fuel has increased by $ 1 . 01 per gallon. The State has notified the Town that contract prices will be on a day to day basis until further notice . The Highway Department is looking at a DNT Weather System (satellite system) on a trial basis for thirty (30) days . Snow Plowing of the Town Hall Facilities - A letter was received by the Board from the Highway Superintendent regarding the use of the Town Hall Facility and plowing of the parking area. The highway department plows the parking area during regularity scheduled working hours . When the Town Hall facility is used during off hours it may not be possible to plow the lot unless the department is already working due to a snow and icy conditions . He will be willing to work with the Town Clerk to develop a system of notification of meetings . It would also be helpful if there was a system for parking in the lot as on several occasions vehicles have hampered plowing along the sidewalk and the back of the building . Zoning Report Code Enforcement Office Annual Report and the January 2000 report were received . 1 ) The Salino/McGill proposal was granted preliminary site plan approval for a gas station and small convenience store conditional upon approval of lighting design , landscaping and signage . It is expected that the Planning Board may consider final approval in March. 2) A Plan for the re-use of the West Danby Methodist Church sketch plan will be reviewed at the February 16 ,2000 meeting . 3 ) Unity House - has notified the Town that they are going to have a community residence in the Town of Danby at 121 Nelson Road . Planning Board Report: Bob Roe reported that originally several members of the Planning Board were scheduled to meet with representatives from the DEC (Department of Conservation) today but was canceled due to the weather and will be rescheduled. The meeting concerns the Region 7 Master Recreational Plan for New York State Forest Lands . State Forest Lands represents twenty-two per cent (22%) of the Town of Danby . Recreation Partnership Report : Councilperson Gagnon reported that the group looking into the Recreational Partnership has reached a critical juncture in that they are running out of time . They are focusing on the key issues of what to include in the partnership and how it will be funded . In order to maintain the partnership services as they are currently provided would amount to a substantial increase to the Town. The Town of Danby has a high rate of participation in the programs . One consideration for funding is to have the program funded through County The increase is cost to Towns may be from 15 - 70% . 1170 4 Town Board Minutes February 14, 2000 Councilperson Nolte reported that the Town of Lansing would like to be included in the Youth Partnership and have volunteered some of their Town facilities for use . Community Council Report: President of Community Council Willard Daetsch reported that the Community Council have set their meetings for the first Wednesday of the Month through May . The next meeting will be held on Wednesday, March 1 , 2000 . A meeting is set for Monday, March 6 , 2000 and it is necessary to reschedule due to Primary Election on Tuesday, March 7 , 2000 . Senior Citizens Report : Edw. Roberts reported that the last meeting of the Senior Citizens was held on Thursday, February 3 , 2000 and attended by 37 seniors . The entertainment was George Ayers on the piano and guitar accompanied by his sister Carol on the accordion and flute . George is also a ventriloquist and was accompanied by his sidekick "Harry". A Program Committee is working on summer programs and trips . The Heart Walk scheduled for today was canceled due to the bad weather. Noise Ordinance Committee Update : Councilperson Strichartz reported that the Noise Ordinance Committee has been making progress in drafting an ordinance suitable for the Town of Danby . The committee consists of members of the business community and some Town Board members . Ithaca College Community Service Day Councilperson Varona-Lacey reported that the Ithaca College will be hosting a Community Service Day and asked if there were projects available in the Town of Danby. Students and faculty members from Ithaca College provide a community service day and projects can be a variety of outside or inside work. HUD 2000 Application Grant: Supervisor Inman reported that the Town of Danby will not submit an application for a HUD Grant for this year. HUD is going to work with the Town to compile a survey for applicants . Many of the applicants for HUD were provided funding through the HOMES Grant program . Town Hall Heating Update : Supervisor Inman reported that the Town he had a meeting with the Town Attorney, Ian Shapiro , and Susan Beeners regarding the Town Hall heating system . The Town Attorney will send a letter in reply to a communication from the Architect, Chris Warner. The response will be forwarded to the Board for a decision of how to proceed . NEW BUSINESS : RESOLUTION NO. 29 OF 2000 10 WHEEL DUMP TRUCK WITH PLOW, WING & DUMP/SPREADER BOX By Councilperson Strichartz : Seconded by Councilperson Gagnon WHEREAS , the Town of Danby has advertised for sealed bids for one ( 1 ) new 2000 10-Wheel Dump Truck with Plow, Wing and Dump/Spreader Box ; and WHEREAS , the Town on Monday, January, 10 , 2000 received bids for same which were opened by the Town of Danby ; and WHEREAS, all bids received were reviewed by the Town Board and the Highway Superintendent ; and WHEREAS, by Resolution No . 56 of 1995 , the Town Board established the "Town Machinery and Equipment Reserve Fund of the Town of Danby for Purchases of Fifty Thousand Dollars ($ 50 , 000 . 00) or More" under Section 6-c of the General Municipal Law ; and WHEREAS , by Resolution No . 76 of 1999 amended Resolution No . 56 to establish the "Town Machinery and Equipment Reserve Fund of the Town of Danby for Purchases of Fifteen Thousand Dollars ($ 15 ,000 . 00) or More" under Section 6-c of the General Municipal Law, and I i i � � API 1 +l 1 si 4i , is II 61 I t ! i i V . uf..0 I1 71 5 Town Board Minutes February 14 , 2000 WHEREAS , there are sufficient funds in said reserve account to pay for the truck that has been submitted, NOW, THEREFORE BE IT RESOLVED , that the Town Board of the Town of Danby awards the bid for a 10 - Wheel Dump Truck with Plow, Wing & Dump/Spreader Box to Burr Truck & Trailer Sales, Inc . , 2901 Vestal Road, Vestal, New York 13850 for their bid of $ 107 , 209 . 00 , such bid being the lowest responsible bid for the provision of Option No . 1 body as specified of such vehicle ; and be it further RESOLVED, that pursuant to the provisions of Section 6 -c of the General Municipal Law of the State of New York that the supervisor be and he hereby is authorized and directed to expend from the Town Machinery and Equipment Reserve fund of the Town of Danby for Purchases of Fifteen Thousand Dollars ($ 15 ,000 . 00) or More the sum of $ 107 ,209 . 00 for the acquisition of said 10-Wheel Dump Truck with Plow, Wing & Dump/Spreader Box ; and it is further RESOLVED, that the delivery date for the complete unit 10- Wheel Dump Truck with Plow, wing & Dump/Spreader Box will be 90 - 120 calendar days after receipt of order; and it is further RESOLVED, that this resolution is adopted subject to a permissive referendum pursuant to General Municipal Law Section 6-c ; and it is further RESOLVED, that within ten ( 10) days after the adoption of this resolution by the Town Board, the Town Clerk shall , as set forth in Section 90 of the Town Law, post and publish a notice which shall set forth the date of the adoption of this resolution and contain an abstract of this resolution , concisely stating the purpose and effect thereof and stating that such resolution was adopted subject to a permissive referendum ; and it is further 2 RESOLVED , that this resolution shall take effect thirty (30) days after its adoption, unless a referendum is requested, in which event it shall take effect, if approved at such referendum, upon such approval ; and it is further RESOLVED, that the Town Clerk be and she hereby is requested to advise the apparent low bidder of the adoption of this resolution notifying said individual that the resolution is subject to a permissive referendum and will not become effective unless no referendum is requested within thirty (30) days, or if a referendum is requested, this resolution is approved at the referendum. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO. 30 OF 2000 - Approved AUTHORIZE THE TOWN SUPERVISOR TO SIGN THE SENIOR CITIZEN ' S AGREEMENT FOR YEAR 2000 By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the Agreement between the Danby Senior Citizen ' s and the Town of Danby for the year 2000 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously 1 6 Town Board Minutes February 14 , 2000 AGREEMENT DANBY SENIOR CITIZENS 2000 THIS AGREEMENT is made this 14th Day of February 2000 , between the TOWN OF DANBY with offices at 1830 Danby Road, Ithaca, N . Y . 14850 (hereinafter referred to as the "Town") and the DANBY SENIOR CITIZENS, whose address is do Gerald Catlin Sr. , 2361 West Danby Road , Spencer, N . Y . 14883 (hereinafter referred to as the "Contractor") . The Town and Contractor agree as follows : 1 . Services to be Performed . Contractor agrees to perform the following services for the Town : (a) Provide programs, including bus trips and other entertainment, for senior citizens . (b) Provide liability insurance for programs 2 . Fees . The Contractor shall be paid the following sum for these services : The cost of the services up to a maximum of One Thousand Nine Hundred Twenty-two Dollars and 98 cents ( $ 1 , 922 . 98 ) for the calender year. This amount includes $ 1 , 500 . 00 appropriated funds for the calendar year 2000 and encumbered funds from 1999 in the amount of Four Hundred Twenty-two Dollars and ninety-eight cents ($422 . 98) . 3 . Term of Agreement . The term of this Agreement shall be from January 1 , 2000 to December 31 , 2000 unless earlier terminated by either party . Notwithstanding the term set forth above , this Agreement may be terminated in part or in whole by either party at any time for any reason or for no reason upon three days prior notice to the other party . This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party . In the event of termination by the Town, the Town shall pay for those portions of the services rendered prior to the date of termination. 4 . Quality of Work . The services shall be performed diligently and in a proficient and efficient manner. Contractor will provide responsible and knowledgeable personnel to perform Contractor ' s services to the Town . To the extent the reimbursement for services pursuant to this contract is based upon hourly rates for Contractor' s employees or providers, Contractor certifies that the time expended shall be reasonable for the services performed and the Town shall not be billed for any time that is not productively used to accomplish the work for the Town . 5 . Payment for Services . Payment for services shall be submitted on the standard Town voucher which will list the services and activities, the dates on which performed or supplied , and , if applicable, the time spent on each indicated date for which the town is being billed . Unless otherwise agreed, the vouchers shall be submitted monthly on the first of each month covering services for the preceding month, and the Town will review same and , if acceptable , pay for the services after submission of the vouchers to the Town board and approval of same by the Board . 6 . Relationship . The Contractor is , for purposes of this contract (including, without limitation, withholding of income tax, payment of workman' s compensation, and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended , implied or created by this Agreement. Contractor shall determine the times and manner of performance of any services for the Town hereunder consistent with the overall obligations for the work contemplated by this Agreement. Contractor shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Contractor sees fit and for other such persons, firms, or entities as Contractor deems advisable provided that such other services do not constitute a conflict of interest with the interests of the Town . 7 . Contractor' s Insurance. Contractor shall have provided by the Tompkins County Senior Citizens Association insurance coverage for public liability covering Contractor and the Town , its officers , agents, and employees, from and against all suits , claims , loss, liability , or expense I1 7 3 (including costs and reasonable attorney ' s fees) by reason of any liability imposed upon the Town or any or all of the foregoing persons for damages because of any injury to persons, including bodily injury and death, or because of any property damage , including loss of use thereof, resulting from any conditions of the premises for which reimbursement is being made to the Contractor under this agreement. The amount of the policy shall be at least $ 500 , 000 aggregate limits or in such other amounts as the Town may reasonably require . The policy may, at the Town ' s option, be reviewed by the Town ' s insurance counsel to determine whether it adequately protects the Town and the Contractor shall comply with any reasonable requirement of the insurance counsel . It is understood and agreed that the Contractor shall be primarily liable, and that the Contractor ' s insurance shall be the first to respond, in the event of any personal injury, property damage , or loss of life arising out of the negligence or willful wrongful act of Contractor, or in any way arising out of, or related to , any activities or services by Contractor under this contract . 8 . Contractor May Not Assign. This Agreement may not be assigned by the Contractor without the previous written consent to such assignment from the town , which consent may be withheld entirely at the discretion of the Town, it being understood that the Town is making this Agreement personally with the Contractor and is not intending that it be performed by any other person or entity. 9 . Binding Nature of Agreement . This Agreement is binding upon the parties, their respective successors and, when assignment is permitted , assigns . 10 . Governing Law Jurisdiction and Enforcement . This Agreement is made in New York, and shall be construed under the laws of the State of New York. Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in Supreme Court in Tompkins County, New York, and both parties consent to the jurisdiction of such court . 11 . Notices . Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally upon the other party at the address set forth above, or, if the mails are operating, mailed by certified or registered mail to the other party at the address set forth above . Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party . IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above written . RESOLUTION NO. 31 OF 2000- Approved AUTHORIZE THE TOWN SUPERVISOR TO SIGN THE DANBY COMMUNITY COUNCIL AGREEMENT FOR YEAR 2000 By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the Agreement between the Danby Community Council and the Town of Danby for the year 2000 . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Community Council Agreement This agreement is made this 14th day of February, 2000 between the TOWN OF DANBY with offices at 1830 Danby Road, Ithaca, N . Y . 14850 (hereinafter referred to as the "Town") and DANBY COMMUNITY COUNCIL, whose address is 1830 Danby Road, Ithaca, N . Y . 14850 (hereinafter referred to as the "Contractor") . i 7 4 8 The Town and Contractor agree as follows : 1 . Services to be Performed . Contractor agrees to perform the following services for the Town : a. Provide programs and services for youth and families including job and job training opportunities for Danby youth and a public access computer facility . b . Provide holiday social events for the community; c . Provide community programs such as concerts, dances , cultural and other programs aimed at adults ; d . Publish and distribute a town news flyer no less than ten ( 10) issues in 2000 , published according to Town Law # 116( 13 ) and New York State Comptroller Opinion 94- 5 , distributed to the Post Office no later than the 30th of the month, and in accordance with the guidelines attached ; e . Provide community and social events for the West Danby community cosponsored by the West Danby Association ; f. Provide phone service and supplies as needed . 2 . Fees . The Contractor shall be paid the following sums for each of the above services ; a. Programs and services for youth and families -- $ 6015 b . Community holiday social events -- $220 c . Community programs -- $ 1560 d . Town news flyer -- $4570 e . West Danby Association -- $335 g . Phone and supplies -- $700 Any amount not expended during the contract year will not be rolled over in the absence of consent of the Town Board . 3 . Term of Agreement : The term of this Agreement shall be from January 1 , 2000 , to December 31 , 2000, unless earlier terminated by either party . Notwithstanding the term set forth above , this Agreement may be terminated in part or in whole by either party at any time for any reason or for no reason upon three days prior notice to the other party . This Agreement may be terminated immediately by either party upon the breach of any of its terms by the other party. In the event of termination by the Town, the Town shall pay for those portions of the services rendered prior to the date of termination. 4 . Quality of Work . The services shall be performed diligently and in proficient and efficient manner. Contractor will provide responsible , properly trained , certified (where required) and knowledgeable personnel to perform Contractor ' s services to the Town . To the extent the reimbursement for services pursuant to this contract is based upon hourly rates for Contractor ' s employees or providers, Contractor certifies that the time expended shall be reasonable for the services performed and the Town shall not be billed for any time that is not productively used to accomplish the work for the Town. 5 . Payment for Services . a. Payment for services shall be submitted on the standard Town voucher which will list the services and activities, the dates on which performed or supplied, and , if applicable, the time spent on each indicated date for which the Town is being billed . 1 1 I I I !!![ I 5115 ( 1; I ' I. J Ii 11 ` I i6 1 li II; J it m 1175 9 Unless otherwise agreed, the vouchers shall be submitted monthly on the first of each month covering services for the preceding month, and the Town will review same and, if acceptable pay for the services after submission of the vouchers to the Town board and approval of same by the Board . b . Alternate Procedure . Contractor may supply the Town with a detailed schedule of projected expenditures within a service category . The Town may, at its sole discretion, prepay some of all of the projected expenditures . Any monies not used for the intended purpose shall be immediately returned to the Town, and if not returned, may be deducted from any future payment. 6 . Relationship . The Contractor is, for all purposes (including, without limitation, withholding of income tax, payment of workman ' s compensation, and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended , implied or created by this Agreement. Contractor shall be free to devote such portions of its time not required for the performance of services to the Town in such manner as Contractor sees fit and for such other persons, firms, or entities as Contractor deems advisable provided that such other services do not constitute a conflict of interest with interests of the Town . 7 . Contractor' s Insurance . Contractor shall provide and maintain insurance coverage for public liability covering Contractor and the Town, its officers , agents , and employees , from and against all suits , claims, loss , liability, or expense (including costs and reasonable attorney ' s fees) by reason of any liability imposed upon the Town or any or all of the foregoing persons for damages because of any injury and death, or because of any property damage, including loss of use thereof, resulting from any conditions of the premises for which reimbursement is being made to the Contractor under this agreement . The amount of the policy shall be at least 4500,000 aggregate limits or in such other amounts as the Town may reasonably reviewed by the town ' s insurance counsel to determine whether it adequately protects the Town and the Contractor shall comply with any reasonable requirement of the insurance counsel . It is understood and agreed that the Contractor shall be primarily liable , and Contractor ' s insurance company shall be the first to respond in the event of any personal injury, property damage, or loss of life arising out the negligence or willful wrongful act of Contractor, or in any way arising out of, or related to , any activities or services by Contractor under this contract. 8 . Contractor May Not Assign . This Agreement may not be assigned by the Contractor without the previous written consent of such assignment from the Town, which consent may be withheld entirely at the discretion of the town, it being understood that the Town is making this Agreement personally with the Contractor and is not intending that it be performed by any other person or entity . 9 . Binding Nature of Agreement . The Agreement is binding upon the parties, their respective successors and when assignment is permitted, assigns . 10 . Governing Law, Jurisdiction, and Enforcement . This Agreement is made in New York, and shall be construed under the laws of the State of New York . Both parties consent that if any action is brought to enforce this Agreement, it shall be brought in Supreme court in Tompkins County, New York, and both parties consent to the jurisdiction of each court . 11 . Notices . Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally upon the other party at the address set forth above, or, if the mails are operating, mailed by certified or registered mail to the other party at the address set forth above . Either party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above written. -L i 10 Town Board Minutes February 14 , 2000 RESOLUTION NO 32 OF 2000 - Approved APPOINTMENT TO TOMPKINS COUNTY WATER RESOURCES COUNCIL By Councilperson Gagnon : Seconded by Councilperson Strichartz RESOLVED , that the Town Board of the Town of Danby appoints Carl Crispell of 1152 Coddington Road , Ithaca, New York to the Tompkins County Water Resources Council , and be it further RESOLVED , that the Town Clerk is directed to send notification to the Tompkins County Board of Representatives Clerk. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously RESOLUTION NO. 33 OF 2000 - Approved APPROVAL FOR COMMUNITY COUNCIL TO USE MEETING ROOM By Councilperson Strichartz : Seconded by Councilperson Gagnon RESOLVED, that the Town Board of the Town of Danby grants approval for Community Council to use the Town Hall Meeting Room on March 18 , 2000 for an Old English County Dance, on May 21 , 2000 for a Folk Concert, and on Saturday, March 4 , 2000 from 9 : 00 a. m. to 4 : 00 p . m . for a Lifeguard Training Program . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously DANBY AREA NEWS ARTICLES Councilperson Varona-Lacey reported that a committee for the Danby Area News met on Thursday, February 10 , 2000 to discuss accuracy regarding how news was reported The committee concluded that the Supervisor of the Town Board and the Chairs of the Planning Board and Board of Zoning Appeals to be responsible for reporting business transacted at the pertinent board meetings . They also recommended that prior to publication that the information prepared by the supervisor and chairs be made available for other board members to review for accuracy . Also discussed how to best disseminate information to other news media. RESOLUTION NO. 34 OF 2000-Approved By Councilperson Varona-Lacey : Seconded by Councilperson Strichartz RESOLVED , that the Supervisor and Chairs of the Planning Board and the Board of Zoning Appeals be responsible for reporting to the Danby Area News as well as to other media, i . e . Ithaca Journal as well as radio and TV stations , business transacted at pertinent Board meetings , and be it i further RESOLVED, that the information prepared for publication by the Town Supervisor and the Chairs of the Planning Board and the Board of Zoning Appeals be made available for other Board members to review for accuracy , and further RESOLVED , that submissions by the Town Clerk Town Highway Superintendent shall be transmitted as a courtesy copy transmitted to the Town Supervisor and reports and transmissions by other staff shall be subject to approval by the Town to the news subject to the approval by the 11 7 7 11 Town Board Minutes February 14 , 2000 Town Supervisor. A roll call vote on the resolution resulted as follows : Gagnon Nay Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Councilperson Gagnon reported for the record that the committee did not have a complete report when we ended the meeting . We said we would resolve this by e-mail . The better thing might be to say that we are not ready to deal with this yet rather than force the issue and put it through. We could have dealt with it next time . Councilperson Varona-Lacey reported that she had reviewed the resolution with all the committee members and did receive feedback from everybody . Councilperson Strichartz reported for the record that Councilperson Gagnon found the need immediately re-write the resolution in total . Referral to Planning Board for Renaming of Miller Road East and Miller Road West and Motion - Unity House Proposals to Planning Board A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby refer to the Planning Board the issue of the Renaming of Miller Road East to East Miller Road and Miller Road West to West Miller Road and that the change be officially changed on the Tompkins County Map and the notification from Unity House to place a community based home at 121 Nelson Road . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Low Maintenance Roads Legislation Susan Beeners reported that she would like to see the Town initiate some low maintenance road legislation. The Highway Committee will be willing to work with the Highway Superintendent and Code Enforcement Officer on drafting possible legislation . Motion to Authorize Proposals for Low Maintenance Roads A motion was made by Councilperson Gagnon and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby authorizes Susan Beeners to work with the Highway Liaisons in working up some proposals to be brought back to the Town Board regarding low maintenance road laws and other related matters . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Tax Exemption for Veterans and Disabled A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that 1178 12 Town Board Minutes February 14 , 2000 the Town Board of the Town of Danby authorize the Town Supervisor pursue veterans tax exemption and disability exemptions . A roll call vote on the resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Supervisor' s January 2000 Report Approved A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that the Town Board approve the Supervisor' s January 2000 Report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Carried Unanimously Town Clerk' s January 2000 Report Approved A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board approve the Town Clerk' s January 2000 report as submitted . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously APPROVAL OF WARRANTS General Fund Warrant No . 2 of 2000 - Approved A motion was made by Councilperson Gagnon and seconded by Supervisor Inman to approve the General Fund Warrant No . 2 of 2000 voucher numbers 29- 84 in the amount of $ 13 ,424 . 59 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously Highway Fund Warrant No. 2 of 2000 - Approved A motion was made by Councilperson Strichartz and seconded by. Councilperson Gagnon to approve the Highway Fund Warrant No . 2 of 2000 voucher numbers 5 - 17 in the amount of $ 14 , 694 . 61 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously �1 I s I l 9 4 11 II 11 tlp F III III 1 tl + ; Ipj I' IRI : t it k"I ( I .e. IIN -11 7 9 13 Town Board Minutes February 14, 2000 West Danby Water District Warrant No . 2 of 2000 - Approved A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz to approve the West Danby Water District Warrant No . 2 of 2000 voucher numbers 1 -4 in the amount of $273 . 32 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Inman Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 10 p . m . ()Pied Cita-12 min-2 - 14 . 00 Carol W . Sczep/ • i , Town Clerk