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Board of Trustee Minutes 07/20/2015

Board of Trustee Minutes 07/20/2015

A regular meeting of the Board of Trustees of the Village of Delhi was held on Monday, July 20, 2015 at 6:00 p.m. in the Village Hall Boardroom.

Present:  Mayor:        Richard Maxey

               Trustees:    Christopher Maney, Jeremy Fitch, Robin Hultenius, Sam Samudrala

The meeting started with the Pledge of Allegiance at 6:00 p.m.

Motion was made by Trustee Fitch to approve the minutes of the regular meeting of June 15, 2015 and special meeting of July 1, 2015. Motion was seconded by Trustee Hultenius and passed unanimously.

Motion was made by Trustee Maney to approve Abstract #2 in the amount of $199,212.45. Motion was seconded by Trustee Fitch and passed unanimously.

Motion was made by Trustee Maney to accept the HUD Report for June, 2015, the Police Report for June, 2015, the Code Enforcement Officer’s Report for June 12 – July 16, 2015, and the DPW Superintendent’s Report dated July 20, 2015. Motion was seconded by Trustee Samudrala and passed unanimously.

Motion was made by Trustee Hultenius to pay Economy Paving’s request #2 for the TEP Project in the amount of $336,875.36. Motion was seconded by Trustee Fitch and passed unanimously.

Motion was made by Trustee Hultenius authorizing the Clerk to borrow money from the general fund to pay the TEP expenses until we receive reimbursement from NYSDOT. Motion was seconded by Trustee Fitch and passed unanimously.

Motion was made by Trustee Samudrala to award the tree trimming and removal bid to Steven Spratley & Sons in the total amount of $12,850 ($4,675 for trimming and $8,175 for removal). Motion was seconded by Trustee Maney and passed unanimously.

Bill Brown from Delaware Engineering was present to give an update on the water tank recoating. The tank at Phoebe Lane has been drained, sandblasted and painted, and had several valves replaced. The interior of the tank was cleaned and small rust spots and pitting were repaired. The tank will be refilled this week and then then water will be tested before putting the tank back online.

Motion was made by Trustee Fitch to authorize payment to HD Supply Waterworks in the amount of $12,815.16 for water valve replacement at the water tank. Motion was seconded by Trustee Samudrala and passed unanimously.

Motion was made by Trustee Samudrala authorizing change order No. 1 to contract VD1-G-15 with Amstar of Western, NY in amount of $16,500 for the repair of rust spots and pitting on the interior of the tank. Revised contract sum will be $173,000. Motion was seconded by Trustee Maney and passed unanimously.

Motion was made by Trustee Samudrala to authorize the Clerk to remit payment to Amstar of Western NY in the amount of $144,400 for their pay request #1 of Contract VD1-G-15. Motion was seconded by Trustee Fitch and passed unanimously.

Motion was made by Trustee Maney to approve the “Resolution Authorizing the Chief Executive Officer to Sign a Contract for Shared Highway Services on Behalf of the Village of Delhi”. Motion was seconded by Trustee Hultenius and passed unanimously. Resolution #3 of 2015 reads as follows:

Resolution Authorizing the Mayor to sign a contract on behalf of the Village of Delhi to permit the Superintendent of Public Works to share services with the Highway Department Head in other municipalities who possess similar authorization for borrowing or lending of materials and supplies and the exchanging, leasing, renting or maintaining of machinery and equipment, including the operators thereof, for the purpose of aiding the Superintendent of Public Works in the in the performance of his duties.

WHEREAS all municipalities, including the Village of Delhi have power and authority to contract for the purpose of renting, leasing, exchanging, borrowing or maintaining of machinery and equipment, with or without operators, with other municipalities, and;

WHEREAS, all municipalities, including the Village of Delhi, have power and authority to borrow or lend materials and supplies to other municipalities, and;

WHEREAS, it is hereby determined that the Village of Delhi and other municipalities have machinery and equipment which is not used during certain periods, and;

WHEREAS, it is determined that the Village of Delhi and other municipalities often have materials and supplies on hand which are not immediately needed, and;

WHEREAS, it is hereby determined that by renting, borrowing, exchanging, leasing or maintaining highway machinery and equipment and the borrowing or lending of materials and supplies, the Village of Delhi and other municipalities may avoid the necessity of purchasing certain needed Highway machinery and equipment and the purchasing of or storing a large inventory of certain extra materials and supplies, thereby saving the taxpayers money, and;

WHEREAS, it is recognized and determined, from a practical working arrangement, that no program or borrowing, exchanging, leasing, renting or maintaining of Highway machinery and equipment or borrowing or lending of materials can be successful if each individual arrangement or agreement has to receive prior approval by the Board of the Village of Delhi and the governing board of each of the other municipalities which may be parties to such agreements, since such agreements must often be made on short notice and at times when governing boards are not in session, and;

WHEREAS, it is incumbent upon each municipality to design a simple method whereby materials and supplies, equipment and machinery, including the operators thereof, may be obtained or maintained with a minimum of paperwork and inconvenience and with swift approval process, and;

WHEREAS, it is the intent of the Village of Delhi to give the Superintendent of Public Works the authority to enter into renting, exchanging, borrowing, lending or maintaining arrangements with persons serving in similar capacities in other municipalities without the necessity of obtaining approval of the Board of the Village of Delhi prior to the making of each individual arrangements, and;

WHEREAS, a standard contract has been prepared which is expected to be adopted and placed into effect in other municipalities, and will grant the person holding the position comparable to that of Highway Superintendent, authority to make similar arrangements, and;

WHEREAS, it is hereby determined that it will be in the best interest of the Village of Delhi to be a party to such shared services arrangements:

NOW, THEREFORE BE IT RESOLVED, that the Mayor is hereby authorized to sign on behalf of the Village of Delhi, the following contract:

1. For purposes of   this contract, the following terms shall be defined as follows:
  1. "Municipality" shall mean any City, County, Town or Village which has agreed to be bound by a contract for shared services or equipment similar in terms and effect with the contract set forth herein, and has filed a copy of said contract with the Clerk of the undersigned City, County, Town or Village.
  2. "Contract" shall mean the text of this agreement which is similar in terms and effect with comparable agreements, not withstanding that each such contract is signed only by the Mayor/Town Supervisor of each participating municipality filing the same, and upon such filing each filing municipality accepts the terms of the contract to the same degree and effect as if each Chief Executive Officer has signed each individual contract.
  3. "Shared Services" shall mean any service provided by one municipality for another municipality that is consistent with the purposes and intent of this contract and shall include but not be limited to:
    1. The renting, exchanging, or lending of Highway machinery, tools and equipment, with or without operators;

II.    The borrowing or lending of supplies between municipalities on a temporary basis conditioned upon the replacement of such supplies or conditioned upon the obtaining of equal value through the provision of a service by the borrower, or by the lending of equipment by the borrower, the value of which is equal to the borrowed supplies;

III.   The providing of a specific service for another municipality, conditioned on such other municipality providing a similar service, or a service of equal value, in exchange:

IV.   The maintenance of machinery or equipment by a municipality for other municipalities.

                       D.     “Superintendent" shall mean, in the case of a City, the Head of the of Public Department Works; in the    

Department Works; in the case of a County, the County Superintendent of Highways, or the person having the power and authority to perform the duties generally performed by County Superintendents of Highways; in the case of a Town, the Town Superintendent of Highways and in the case of a Village, the Superintendent of Public Works.

  1. The undersigned municipality has caused this agreement to be executed and to bind itself to the terms of this contract and it will consider this contract to be applicable to any municipality which has approved a similar contract and filed such contract with the Clerk of the undersigned municipality.
  1. The undersigned municipality by this agreement grants unto the Superintendent, the authority to enter into any shared service arrangements with any other municipality or other municipalities subject to the following terms and conditions:

A.              The Village of Delhi agrees to rent or exchange or borrow from any municipality any and all materials, machinery and equipment, with or without operators, which it may need for the purposes of the Village of Delhi. The determination as to whether such machinery, with or without operators, is needed by the Village of Delhi, shall be made by the Superintendent. The value of the materials or supplies borrowed from another municipality under this agreement may be returned in the form of similar types and amounts of materials or supplies, or by the supply of equipment or the giving of services of equal value, to be determined by mutual agreement of the respective Superintendents.

B.              The Village of Delhi agrees to rent, exchange or lend to any municipality any and all materials, machinery and equipment, with or without operators, which such municipality may need for its purposes. The determination as to whether such machinery or material is available for renting, exchanging or lending shall be made by the Superintendent. In the event the Superintendent determines that it will be in the best interest of the Village of Delhi to lend to another municipality, the Superintendent is hereby authorized to lend to another municipality. The value of supplies or materials loaned to another municipality may be returned to the Village of Delhi, by the borrowing municipality in the form of similar types and amounts of materials or supplies, or by the use of equipment or receipt of services of equal value, to be determined by the respective Superintendents.

C.              The Village of Delhi agrees to repair or maintain machinery or equipment for any City, County, Town, Village under terms that may be agreed upon by the Superintendent, upon such terms as may be determined by the Superintendent.

D.              An operator of equipment rented or loaned to another municipality, when operating such equipment for the borrowing municipality, shall be subject to the direction and control of the Superintendent of the borrowing municipality in relation to the manner in which the work is to be completed. However, the method by which the machine is to be operated shall be determined by the operator.

E.              When receiving the services of an operator with a machine or equipment, the receiving Superintendent shall make no request of any operator which would be inconsistent with any labor agreement. All machinery and the operator, for purposes of Workers Compensation, liability and any other relationship with third parties, shall be considered the machinery of, and the employee of, the municipality owning the machinery and equipment.

F.              The lending municipality shall be liable for any negligent acts resulting from the operation of its machinery or equipment by its own operator. In the event damages are caused as a result of directions given to perform work, then the lending municipality shall be held harmless by the borrowing municipality.

G.              Each municipality shall remain fully responsible for its own employees, including but not limited to salary, benefits and Workers Compensation.

  1. The renting, borrowing or leasing, repairing or maintaining of any particular piece of machinery or equipment, or the exchange or borrowing of materials or supplies, or the providing of a specific service shall be evidenced by the signing of a Memorandum by the Superintendent. Such Memorandum may be delivered to the Superintendent. Such Memorandum may be delivered to the other party via mail, personal delivery, facsimile machine, or any other method of transmission agreed upon. In the event, there is no written acceptance of the Memorandum, the receipt of the materials or supplies or the acceptance of a service shall be evidence of the acceptance of the offer to rent, exchange or lend.
  2. In the event any shared services arrangement is made without a Memorandum at the time of receipt of the shared service, the Superintendent receiving the shared service shall within five days thereof, send to the provider a Memorandum identifying the type, time and date of the acceptance of the repair or maintenance shared service. In the event shared service related to or included any materials or supplies, such Memorandum shall identify such materials or supplies and time and place of delivery.
  3. In the event a municipality wishes to rent machinery or equipment from another municipality or in the event a municipality wishes to determine the value of such renting for the purposes of exchanging shared services or a comparable value, it is agreed that the value of the shared service shall be set forth in the Memorandum.
  4. All machinery and the operator, for the purposes of Workers Compensation, Liability and any other relationship with third parties, except as provided in paragraph E. of section 3. Of this agreement, shall be considered the machinery of, and the employee of, the municipality owing the machinery and equipment.
  5. In the event machinery or equipment being operated by an employee or the owning municipality is damaged or otherwise in need of repair while working for another municipality, the municipality owning the machinery or equipment shall be responsible to make or pay for such repairs. In the event machinery or equipment is operated by an employee of the borrowing, receiving or renting municipality, such municipality shall be responsible for such repairs.
  6. Records shall be maintained by each municipality setting forth all machinery rentals, exchanges, borrowings, repair or maintenance and other shared services. Such records will be available for inspection by any municipality which has shared services with such municipality.
  7. In the event a dispute arises relating to any repair, maintenance or shared service, and in the event such dispute cannot be resolved between the parties, such dispute may be resolved through mediation or arbitration.
    1. Any municipality which is a party to this contract may revoke such contract by filing a notice of such revocation. Upon the revocation of such contract, any outstanding obligations shall be submitted within thirty days of such revocation unless the parties with whom an obligation is due agree in writing to extend such date of settlement.
    2. Any action taken by the Superintendent pursuant to the provisions of this contract shall be consistent with the duties of such official and expenditures incurred shall not exceed the amounts set forth in the Village’s budget for highway purposes.
    3. The record of all transactions that have taken place as a result of the Village of Delhi participating in the services afforded by this contract shall be kept by the Superintendent and a statement thereof, in a manner satisfactory to the Village Board, shall be submitted to the Village Board semiannually on or before the first day of June and on or before the first day of December of each year following the filing of the contract, unless the Village Board requests the submission of records at different times and dates.
    4. If any provision of this contract is deemed to be invalid or inoperative for any reason, that part shall be deemed modified to the extent necessary to make it valid and operative, or if it cannot be modified, then severed, and the remainder of the contract shall continue in full force and effect as if the contract had been signed with the invalid portion so modified or eliminated.
    5. This contract shall be reviewed each year by the Village of Delhi and shall expire five years from the date of its signing by the Village Mayor. The Village of Delhi Board may extend or renew this contract at the termination thereof for another five year period.
    6. Copies of this contract shall be sent to the Clerk and the Superintendent of each municipality with which the Superintendent anticipates engaging in shared services. No shared services shall be conducted by the Superintendent except with the Superintendent of a municipality that has completed a shared services contract and has sent a copy thereof to the Clerk of his municipality and the Superintendent.

Motion was made by Trustee Hultenius to advertise for bids to sell the 2006 Chevrolet Cobalt, which was seized by the Village of Delhi during a drug arrest.   Bids shall have a $1,700 reserve, with the proceeds of the sale to be deposited into the Police Vehicle Reserve. Motion was seconded by Trustee Fitch and passed unanimously.

6:45 p.m.: Motion was made by Trustee Fitch to open a public hearing regarding Submission of an Application to the New York State office of community Renewal for Fiscal year 2015 community Development Block Grant Funding.

Motion to close public hearing was made by Trustee Maney and seconded by Trustee Fitch. Public hearing closed at 7:04 p.m.

Motion was made by Trustee Maney to approve Resolution #4 of 2015, which reads as follows:

AUTHORIZING THE SUBMISSION OF AN APPLICATION TO NEW YORK STATE OFFICE OF COMMUNITY RENEWAL FOR FISCAL YEAR 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

WHEREAS, the Office of Community Renewal is accepting applications from eligible communities to compete for funds available through the 2015 Community Development Block Grant Program; and

WHEREAS, the Village of Delhi has reviewed its community development problems and needs, and has determined that a program designed to improve its public water system is necessary and an essential component to the Village’s future ability to meet the needs of the public; and

WHEREAS, the Village of Delhi has held a public hearing to obtain citizen’s views in order to develop a comprehensive program and application for funds; and

WHEREAS, the NYS Office of Community Renewal application process requires that the governing body of the applicant authorize the submission of the application and related actions.

                NOW THEREFORE BE IT RESOLVED, that the Board of Trustees for the Village of Delhi hereby authorizes and directs that the Village of Delhi submit an application to the NYS Office of Community Renewal and to act in connection with the submission of the application, including the execution of all required certifications and forms and to provide such additional information as may be required.

Motion was made by Trustee Maney to schedule a Public hearing for August 17, 2015 at 6:30 p.m. to discuss possible revisions to the Nuisance Law. Motion was seconded by Trustee Hultenius and passed unanimously.

Motion was made by Trustee Maney to schedule a public hearing regarding the transfer of village-owned, landlocked property for August 17, 2015 at 6:45 p.m. Motion was seconded by Trustee Hultenius and passed unanimously.

Motion was made by Trustee Samudrala authorizing the Mayor to sign “Declaration of covenants, Conditions, and Restrictions for Village of Delhi Property at Tax Map 171.6-10-(5,6,9,11.3,12.11,12.12 and 23) and “Hoyt Park”. Motion was seconded by Trustee Hultenius and passed unanimously.

Motion was made by Trustee Fitch to approve Resolution #5 of 2015 “Village of Delhi Development of the Delhi Recreational River Park & Walk” for application to the NYS Office of Parks, Recreation and Historic Preservation. Motion was seconded by Trustee Hultenius and passed unanimously. Resolution reads as follows:

Village of Delhi Development of the Delhi Recreational River Park & Walk

I, Michele Griffin, Clerk of the Village of Delhi, New York, do hereby certify that the following resolution was adopted at a regular meeting of the Village Board held on June 20, 2015, and is, and that said resolution has not been altered, amended or revoked and is in full force and effect.

WHEREAS, the Village of Delhi has received grant funding to develop a River Park and Walk Master Plan, and this plan is currently under development; and

WHEREAS, the Village formed a Steering Committee to guide the development of said plan; and

WHEREAS, the Village of Delhi Planning Board is in support of the Master Plan and has issues site plan approval and competed the SEQRA; and

WHEREAS, a visioning process, public engagement, and stakeholder meetings have been undertaken; and

WHEREAS, the Village of Delhi River Park and Walk Master Plan has been endorsed by the Steering Committee; and

WHEREAS, all affected property owners have given input on the Master Plan; and

WHEREAS, the NYS Department of Parks, Recreation, and Historic Preservation requires authorization to pursue funding through the NYS-CFA;

NOW, THEREFORE BE IT RESOLVED, that the Village's Board of Trustees support the development of the Delhi Recreational River Park & Walk, as prepared by its consultant, HAAS Landscape Architects, with the aid of the project Steering Committee, NY Parks & Trails, visioning process, surveys, public engagement and stakeholder meetings; and

BE IT FURTHER RESOLVED, the Village will continue to support the Master Plan of the Delhi Recreational River Park & Walk, and its adjacent site and stormwater improvements; and

BE IT FURTHER RESOLVED, the Village of Delhi, NY, is hereby authorized and directed to accept funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, and enter into and execute a project agreement with the State for such financial assistance to the Village of Delhi for the Village of Delhi Recreational River Park Walk and, if appropriate, a conservation easement/ preservation/public access covenant to the deed of the assisted property.

Motion was made by Trustee Hultenius to approve Resolution #6 of 2015 “Village of Delhi Development of the Delhi Recreational River Park & Walk” for application to the NYS Local Waterfront Revitalization Program. Motion was seconded by Trustee Maney and passed unanimously. Resolution reads as follows:

Village of Delhi Development of the Delhi Recreational River Park & Walk

I, Michele Griffin, Clerk of the Village of Delhi, New York, do hereby certify that the following resolution was adopted at a regular meeting of the Village Board held on June 20, 2015, and is, and that said resolution has not been altered, amended or revoked and is in full force and effect.

WHEREAS, the Village of Delhi has received grant funding to develop a River Park and Walk Master Plan, and this plan is completed; and

WHEREAS, the Village formed a Steering Committee to guide the development of said plan; and

WHEREAS, the Village of Delhi Planning Board is in support of the Master Plan and has issued site plan approval and a negative declaration under SEQRA; and

WHEREAS, a visioning process, public engagement, and stakeholder meetings have been undertaken; and

WHEREAS, the Village of Delhi River Park and Walk Master Plan has been endorsed by the Steering Committee; and

WHEREAS, all affected property owners have given input on the Master Plan; and

WHEREAS, the NYS Local Waterfront Revitalization Program requires authorization to pursue funding through the NYS-CFA;

NOW, THEREFORE BE IT RESOLVED, that the Village's Board of Trustees support the development of the Delhi Recreational River Park & Walk, as prepared by its consultant, HAAS Landscape Architects, with the aid of the project Steering Committee, NY Parks & Trails, visioning process, surveys, public engagement and stakeholder meetings; and

BE IT FURTHER RESOLVED, the Village will continue to support the development of the Delhi Recreational River Park & Walk, and its adjacent site and stormwater improvements; and

BE IT FURTHER RESOLVED, the Village of Delhi, NY, is hereby authorized and directed to accept funds from the New York State Local Waterfront Revitalization Program in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, and enter into and execute a project agreement with the State for such financial assistance to the Village of Delhi for the Village of Delhi Recreational River Park Walk and, if appropriate, a conservation easement/ preservation/public access covenant to the deed of the assisted property.

Motion was made by Trustee Fitch to approve Resolution #7 of 2015 “Village of Delhi Development of the Delhi Recreational River Park & Walk” for application to the NYS Environmental Facilities Corporation. Motion was seconded by Trustee Maney and passed unanimously. Resolution reads as follows:

Village of Delhi Development of the Delhi Recreational River Park & Walk

I, Michele Griffin, Clerk of the Village of Delhi, New York, do hereby certify that the following resolution was adopted at a regular meeting of the Village Board held on June 20, 2015, and is, and that said resolution has not been altered, amended or revoked and is in full force and effect.

WHEREAS, the Village of Delhi has received grant funding to develop a River Park and Walk Master Plan, and this plan has been completed; and

WHEREAS, the Village formed a Steering Committee to guide the development of said plan; and

WHEREAS, the Village of Delhi Planning Board is in support of the Master Plan and has issued site plan approval and completed the SEQRA process; and

WHEREAS, a visioning process, public engagement, and stakeholder meetings have been undertaken; and

WHEREAS, the Village of Delhi River Park and Walk Master Plan has been endorsed by the Steering Committee; and

WHEREAS, all affected property owners have given input on the Master Plan; and

WHEREAS, the New York State Cleaner Greener Communities Program requires authorization to pursue funding through the NYS-CFA;

NOW, THEREFORE BE IT RESOLVED, that the Village's Board of Trustees support the development of the Delhi Recreational River Park & Walk, as prepared by its consultant, HAAS Landscape Architects, with the aid of the project Steering Committee, NY Parks & Trails, visioning process, surveys, public engagement and stakeholder meetings; and

BE IT FURTHER RESOLVED, the Village will continue to support the Master Plan of the Delhi Recreational River Park & Walk, and its adjacent site and stormwater improvements; and

BE IT FURTHER RESOLVED, the Village of Delhi, NY, is hereby authorized and directed to accept funds from the New York State Environmental Facilities Corporation, and enter into and execute a project agreement with the State for such financial assistance to the Village of Delhi for the Village of Delhi Recreational River Park Walk and, if appropriate, a conservation easement/ preservation/public access covenant to the deed of the assisted property.

Motion was made by Trustee Samudrala to move forward with the purchase of a volleyball net and equipment to be installed at Sheldon Park at a total cost of $1,954.17. Motion was seconded by Trustee Maney and passed unanimously.

Motion was made by Trustee Maney directing the Clerk to reserve a bounce house for the Fair on the Square event on July 31, 2015. Motion was seconded by Trustee Fitch and passed unanimously.

Motion was made by Trustee Fitch to adjourn. Motion was seconded by Trustee Maney and passed unanimously.

Meeting adjourned at 7:30 p.m.

Respectfully submitted,

Michele C. Griffin

Clerk-Treasurer

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