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HomeMy WebLinkAbout2003-05-05 I I . B I ± ' I F t� I' . I rr 1257 TOWN OF DANBY AGENDA AND SPECIAL MEETING MINUTES MAY 5, 2003 PRESENT : Supervisor Friedric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz, Gladys Varona-Lacey Others Present : Sue Howe - Highway Secretary Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Sarah Newman - Planning Board Chair Items Distributed to Board for Review : 1 ) Town Mowing Proposal - Forest City Landscaping for 2003 2 ) Highway Department Report 3 ) Memo from Board of Elections - Open House to view new electronic voting machines . 4) Agreement between the Town of Danby and Community Council 5 ) Application for 2003 Municipal Youth Services Program Participation . 6) Vouchers for payment 7) Clerk ' s Report 8) Memo from Code Enforcement Officer - suggesting the amount of a transfer of funds for the and hourly recommendation for Maintenance/Repair Person and a proposed work list for the position. (Job description has already been adopted . ) The Board reviewed the Contract Agreement between the Town of Danby and Community Council and the Municipal Youth Services Program Participation forms for 2003 . The following language was added to the Municipal Youth Services Program Participation Forms : that the Town of Danby reserves the right to run youth programming if needed in addition . Councilperson Gagnon will report on the Tompkins County Municipal Planning Advisory Committee . The Agenda Meeting was closed and a Special Meeting of the Town Board was held for the following items : COMMUNITY COUNCIL AGREEMENT RESOLUTION NO. 43 OF 2003 AUTHORIZATION FOR SUPERVISOR TO SIGN AGREEMENT BETWEEN THE TOWN OF DANBY AND DANBY COMMUNITY COUNCIL - 2003 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 Town of Danby and the Danby Community Council for the fiscal year 2003 , and be it further RESOLVED, that the Agreement be attached and made a part of this resolution . Community Council Agreement - 2003 This agreement is made this 26th day of April 2003 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") . The Town and Contractor agree as follows : 1258 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, and social events for the community; b . Provide community programs such as concerts, dances , cultural and other programs ; c . Publish and distribute a town news flyer no less than ten ( 10) issues in 2003 , published in accordance with the guidelines attached : d. Provide community and social events for the West Danby community cosponsored by the West Danby Community Association ; e . Provide phone service and administration support as needed. f Provide demonstrated ability to provide youth development services with outcome objectives . 2 . Fees . The Contractor shall be paid the following sums for each of the above services ; a. Programs and services for youth and families -- $ 5725 * b . Community programs- $2167 c . Town news flyer -- $4500 * * d. West Danby Association -- $ 300 e . Phone and administrative support -- $900 * Town - $2098 County $1627 $5 , 725 * * Town $4 , 300 County $ 200 $4,500 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 , 2003 , to December 31 , 2003 , 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 . a 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 for all programs which focus on youth development. Service provider must provide copies of outcome objectives and show demonstrated ability to achieve these outcomes . . To the extent the reimbursement for services pursuant to this contract is based upon hourly rates for Contractor ' s services performed and the Town shall not be billed for any time that is not productively used to accomplish the work for the u 1259 3 Danby Community Council Agreement - 2003 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. 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 $ 500,000 aggregate limits or in such other amounts as the Town may reasonably require . The Town shall be named as an insured on such policy. 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 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 agreement . 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 di H x. 200 4 Danby Community Council Agreement - 2003 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. TOWN OF DANBY By Fredric Dietrich, Supervisor DANBY COMMUNITY COUNCIL By Patricia Cartland, President Guidelines for Town News Flyer [Danby Area News] Because the Danby Area News is largely subsidized by the taxpayers of the Town of Danby, the content of the publication must be restricted to prevent violation of laws governing permitted uses of taxpayers monies . Accordingly, the content of the Danby Area News shall be limited to those matters that are permitted in a publication by as Town pursuant to Town Law Sections 116( 13 ) and 64( 14) as interpreted by the Comptroller of the State of New York in Comptroller ' s Opinion 94- 5 . Generally this means the content of the publication is limited to reports relative to the "fiscal affairs, official acts, programs and meetings of boards, commissions, departments and agencies of the Town" (Town Law Section 116( 13 )), or articles advertising the advantages of the Town or promoting the "general , commercial and industrial welfare of the Town" [subject to certain procedural restraints if more than $3000 in annual costs of publication are to be incurred (Town Law Section 64( 14)) . The publication may not "include articles by individual [s] . . .which set forth the individual positions and opinions of particular [persons]", or seek "to convey favoritism, partiality, partisanship, approval or disapproval concerning an issue . " (Comptroller ' s Opinion 94-5 ) . Accordingly, while lists of events , including perhaps events that are other than government sponsored, may be included as promoting the general, commercial and industrial welfare of the Town, individual articles or letters promoting a particular cause (non-profit or otherwise) and political , religious , or other debates or expressions of opinions , are not permitted. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO. 44 OF 2002 AUTHORIZATION FOR SUPERVISOR TO SIGN 2003 MUNICIPAL YOUTH SERVICES PROGRAM PARTICIPATION RESPONSE FORM By Councilperson Strichartz : Seconded by Councilperson Nolte RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor to sign the 2003 Municipal Youth Services program participation Response Form for 2003 that designates the Town ' s official youth planning group as Danby Community Council and that the Town of Danby reserves the right to run youth programming if needed in addition. f ' A roll call vote on the resolution resulted as follows : Gagnon Aye i1. Nolte Aye 1261 5 Danby Community Council Agreement - 2003 Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously ADJOURNMENT On a motion the meeting adjourned at 8 : 05 p . m. Jai I _ � / 1 _�.� � Carol W. Sczep /s A , Town Clerk