Town of Nanticoke Present: Supervisor Ellis
Regular Meeting Councilmen: Scott Whittaker, Dan Baker,
1-15-08 7 p.m. Don Benjamin, Absent: Charles Forkey
Also present: Charles & Rose Yesalusky, Gary Smith, Glenn Simpson, Rick Gummoe,
Mark Gorgos, Attorney administered the oath of office to Daniel Baker to serve as Councilman.
Motion by Baker, Seconded by Whittaker, Carried
We do hereby accept the minutes as presented.
Vote: Whittaker, Baker, Ellis All ayes Benjamin, Abstained Absent: C. Forkey
SMALL CITIES BLOCK GRANT: The project is progressing as planned. We have 9 contracts awarded.
Chapman: They met with Assemblyman Finch on the matter with Chapman and a
Contractor Schneider, Scott Ellis. They came up that temporary repairs would be funded under the grant and the town would be finished with the project.
Assemblyman Finch will be trying to obtain additional funding for the home.
Robert Smith Project: Was overlooked on the removal of the old house. He has asked if the board would let him keep it as he uses it for storage. He stated he would clean it up.
The funding was for $25000.00 and did not include the removal of the house., it was up to Mr. Smith to remove the home. Tape # 44
There would have to be a change in the agreement. Ellis asked what the board wanted to do about it.
Simpson told that the house is not safe. The board agreed, it should be torn down.
The cost to tear it down could possibly be set aside from the CDBG grant money.
The Town would have to get quotes to do the work.
Gary Smith stated that if Broome County allows the fire company to burn it there
Would still have to be an asbestos check up and a copy would have to be given to the Fire Company. Supervisor Ellis will follow up with this with Thoma.
Ellis asked if we could get an inventory of the items being stored here for the Chapman project. This would be able to compare the items that were listed with Thoma and could then be sold to re-coup the money on the project.
Dee Hover was approved but there is no contractor yet.
Gary Smith , Chief of the Glen Aubrey Fire Company told that he has requested the Broome County Fire to investigate the premises of Dee Hover as he is not living in the residence and with the past history he wants to be sure that it is safe to enter into the residence if a call is issued for that home.
On applying for another grant in 2008 Thoma felt that the town should wait and do the surveys and apply in 2009 for a new grant. Some of the projects will not be completed until spring.
A letter was read from Neta Loveless stating her appreciation for the work done on her house under the re-habilitation for housing.
DEPT HEADS: Simpson told that he had seen Mr. Forkey who stated his house rehab is not done yet. The question arose of what needed to be done yet? Ellis will find out from Thoma.
There has been nothing on the William Bruce application.
Supervisor Ellis asked how many parcels have been done on the data collection.
Will talk to the assessor.
DCO Yesalusky asked how a leash law or control law is coming? Ellis told that he has given the information to Jeffrey Jacobs to review and come up with a simple plan. Also for the board members to talk around and see if people are interested in a leash law.
He would only answer complaints on a per call basis.
NINMS: Homeland Security
Charles Yesalusky told he is instructing o the NIMS required for Fire Companies, Towns etc. He told that if not up to date on this set of rules the town could be subject to not receiving grants for various things. If a fire company with an agreement or contract with the town does not have the training and pass the test the Town could be liable which may also be within the mutual aid. Contracts.
He reported that the Glen Aubrey Fire Company has passed the testing on preparedness. As other parts of the requirements come up they will continue with the testing.
Motion by Whittaker, Seconded by Benjamin, Carried
We do hereby approve that Charles Yesalusky may go to the training for nims to be held in Schenectady NY when it is going to be held.
Vote: Whittaker, Baker, Benjamin, Ellis All ayes 1 absent
Landfill: The final SEIS has been accepted by the Broome County Legislature which incorporates the problem of the entrance to the new section of the landfill.
There has been nothing done on the garage doors.
The highway committee will meet with Jake Slack to discuss the Highway plans for this year.
Association of Towns meeting to be held in February, in New York City. Attorney Gorgos told that Jeff Jacobs, Attorney from his office will be attending and will share information he gets at the conference.
Whittaker will go over the insurance questions and check if we need any further coverage.
The board discussed the Multi Jurisdiction Hazard Mitigation Plan from Broome County.
Motion by Benjamin, Seconded by Baker, Carried
We do hereby adopt the Multi Jurisdiction Hazard Mitigation Plan as presented by Broome County . (This would include the highway department and committee meetings
Documenting roads etc. with pictures etc.)
Vote: Whittaker, aye Baker, aye Benjamin, aye Ellis, aye 1 absent
Supervisor Ellis asked the Building Committee to put together a punch list of things needing to be repaired. If we need to we can bid a project such as a new roof and if it comes in too high we can then place it in the budget for 2009.
A web site is being constructed by Computer King in Endwell. The domain name is townof Nanticoke .org, Town of Nanticoke.com. It will be up before the next meeting. Content may be entered later.
The board decided not to pursue turning over Dingman Road back to the owner, Kevin Grover.
RESOLUTION - 2008-
RESOLUTION ADDRESSING ORGANIZATIONAL
MATTERS FOR TOWN OPERATIONS IN 2008.
Offered by Councilperson Whittaker
Offered by Councilperson Benjamin
WHEREAS, it is necessary and appropriate to establish certain organizational matters for the operation of the Town of Nanticoke for 2008.
NOW, THEREFORE, BE IT,
RESOLVED, that the Town Board hereby authorizes the following:
1. TOWN BOARD MEETING SCHEDULE.
The Town Board shall meet at the Town Hall, 755 Cherry Valley Hill Road, Maine, New York, for the purpose of conducting Town Business, on the following dates and at the following times:
January 15, 2008 7:00 PM
February 19, 2008 7:00 PM
March 18, 2008 7:00 PM
April 15, 2008 7:00 PM
May 20, 2008 7:00 PM
June 17, 2008 7:00 PM
July 16, 2008 7:00 PM
August 19, 2008 7:00 PM
September 16, 2008 7:00 PM
October 21, 2008 7:00 PM
November 18, 2008 7:00 PM
December 16, 2008 7:00 PM
2. TOWN HALL OFFICE HOURS.
The office hours for the Town Hall in 2007 shall be 9:00 a.m. to 12:00 p.m., 1:00 p.m. to 4:00 p.m., Tuesday, Wednesday and Thursday, except holidays.
3. HOLIDAYS.
The Town shall observe the following holidays during 2008:
Holiday Date of Observance
New Year's Day January 1, 2008
Martin Luther King, Jr. Day January 21, 2008 (Monday)
President's Day February 18, 2008 (Monday)
Good Friday March 24, 2008
Memorial Day May26,2008(Monday)
Independence Day July 4, 2008 (Friday)
Labor Day September 1, 2008 (Monday)
Columbus Day October 13, 2008 (Monday)
Election Day November 4, 2008
(Tuesday)
Veteran's Day November 11, 2008
(Monday)
Thanksgiving November 27, 2008 November 24, 2005 (Thursday)
Designated Holiday November 28, 2008
Christmas December 24 , 2008 (Wednesday &Thursday) December 25.2008
4. OFFICIAL NEWSPAPER.
The Town & Country Pennysaver and the Owego Pennysaver is designated as the official newspapers for the Town of Nanticoke for the year 2008 . ** The Press & Sun Bulletin shall be used to inform the public of Town issues.
5. DEPOSITORIES FOR TOWN MONEYS.
The following banks or trust companies in Broome County are designated as depositories for all moneys coming into the hands of the town officers by virtue of their office in the year 2008.
JP Morgan Chase
M&T Bank (Endicott Trust Division)
NBT Bank of Norwich
6. INVESTMENT OF TOWN MONEY.
The Town Supervisor and Town Clerk/Collector is authorized to deposit and invest moneys which are not required for immediate expenditure, in accordance with General Municipal Law Section 11, and Local Finance Law Section 165.00.
7. OPENING BIDS.
The Town Supervisor and/or the Town Clerk are authorized to open all bids received for items requiring bidding by the Town for the year 2008.
8. MILEAGE.
Authorized Town officials and employees designated by the Town Supervisor are authorized to use their automobiles for Town purposes, to be reimbursed at $0.48.5 per mile when said costs are submitted on a voucher accompanied by an itemized statement of the nature of the expense.
9. HIGHWAY SUPERINTENDENT.
The Highway Superintendent shall be authorized to expend highway money as budgeted.
10. PURCHASE OF HIGHWAY EQUIPMENT.
Pursuant to Section 142(1)(a) of the Highway Law, the Superintendent of Highways is authorized to purchase equipment, tools, and implements to be used for highway maintenance, construction or reconstruction, or snow removal without prior approval of the Town Board at a cost not to exceed $3,000.00, provided the funds for said purchases are derived exclusively from the Highway Fund.
Pursuant to Section 32(2) of the Town Law, and subject to appropriation thereafter, there is established the office of Deputy Superintendent of Highways.
11. TOWN JUSTICE(S).
Town of Maine Justices McGill and Post shall be authorized to serve in those times Town of Nanticoke Justice Struble is unable to serve. Compensation shall be at a rate of $25.00 for up to two hours. If more than two hours are needed, the amount paid shall be an additional $5.00 per half hour or fraction thereof for the year 2008.
12. PETTY CASH FUND.
Petty cash funds are hereby established for 2008 for the following Town Officers or Town Offices: Town Clerk - $100.00; Highway Superintendent - $50.00.
13. PLANNING BOARD.
Kenneth Barlow is hereby appointed to serve as Chairman of the Planning Board during 2008. The following is a schedule of appointments and terms:
Vacancy to expire in 2008 Kenneth Barlow, term expires in 2010
Vacancy to expire in 2009 Ralph Jackson, Term expires in 2011
Susan Carter, Term expires in 2012.
14. DEPUTY TOWN ATTORNEY
Stuart M. Pearis (a resident of Broome County, State of New York, with offices at P.O> Box 2039, Binghamton, NY) is hereby appointed to serve as Deputy Town Attorney.
Stuart M. Pearis shall be considered an officer of the Town of Nanticoke in connection with issues relating to the Host Community Agreement (signed by the County Executive on December 3, 1996) between the County of Broome and the Towns of Nanticoke, Barker and Maine. It is understood that the total salary paid to Stuart M. Pearis as Deputy Town Attorney of the Town of Nanticoke, and any related disbursements incurred, shall be shared and paid by the three towns in accordance with the following formula: Town of Nanticoke 37 ½ %; Town of Barker 37 ½ %; and Town of Maine 25%.
15. OFFICIALS AND EMPLOYEES.
The following officials and Employees are designated to serve in the respective positions for the Town of Nanticoke at the pleasure of the Town Board where no term is provided by law:
Secretary to the Supervisor / Executive Asst. Ronda Ellis
Health Insurance Administrator Ronda Ellis
Deputy Supervisor Donald Benjamin
General Committee Donald Benjamin/ Charles Forkey, Jr.
Highway Committee Scott Whittaker/
Dan Baker.
Historian JoAnne Costley
Deputy Historian LeRoy Youngs
Deputy Town Clerk Judy Leet
Landfill Advisory Committee Scott Ellis
Town Attorney Coughlin & Gerhart
Deputy Town Attorney Stuart M.Pearis
Audit Committee ScottWhittaker/
Charles Forkey
Code Enforcement Officer Glenn Simpson
Dog Control Officer Charles Yesalusky
Assessor David Hamlin
Clerk to the Justices Mary Waible
Marriage Officer Joanne Costley
Building Committee Dan Baker & Charles
Charles Forkey Jr.
16. SCHEDULE OF SALARIES.
The following schedule of annual salaries and hourly rates for the positions listed and payment thereof for the Town of Nanticoke for the year 2008 is hereby authorized:
Official/Employees Salary/Hourly Rate
Supervisor $9900.00/year
Deputy Supervisor No compensation
Board Members (4) $2,000.00 /year each
Justice (1) $4,900.00/year each
Highway Superintendent $43,103.00/year
Historian No compensation
Deputy Historian No compensation
Town Clerk $18,100.00/year
Deputy Town Clerk $ 7.75/hour
Clerk to the Justices $4,900.00/year
Code Enforcement Officer $3,500.00/year
Secretary to the Supervisor / Executive Asst. $7,650..00/year
Laborer MEO $ 14.77 /hour TBD
Planning Board Chairman $ 35.00/meeting
Planning Board Members (4) $ 25.00/meeting
Budget Officer $ 600.00 /year
Records Manager $ 150.00/year
Building Custodian $ 40.00 per cleaning
Dog Control Officer $3,100.00/year
Reg / Vital Stats $ 275.00/year
Landfill Committee No Compensation
Health Insurance Administrator $ 800.00
Deputy Town Attorney $ 145.00/hour
General Committee No compensation
Highway Committee No compensation
Audit Committee No compensation
Building Committee No compensation
17. TOWN BULLETIN BOARD/SIGN BOARD.
The official Town Bulletin Boards / Sign Boards for all proper, legal and official notices shall be located on exterior wall of Town Hall near the main entrance as well as inside the main entrance of Town Hall.
18. BIDDING POLICY AND PROCEDURES.
I. Objectives
The following policies and procedures governing the procurement of goods and services not subject to the bidding requirements of the General Municipal Law (GML) Section 103 are adopted pursuant to GML Section 104-b. The objectives of the Bidding Policy and Procedure of the Town of Nanticoke are to assure the prudent and economical use of public moneys in the best interests of the taxpayers of the Town of Nanticoke, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and guard against favoritism, improvidence, extravagance, fraud and corruption. All procurements of goods and services by employees and officials of the Town of Nanticoke shall be made in compliance with the following conditions:
II. Determining the Necessity for Competitive Bidding
Prior to the procurement of any goods or services by any employee or official on behalf of the Town of Nanticoke, a determination shall be made whether such procurement is subject to competitive bidding. The procedure for making the determination shall be as follows:
A. It shall be determined whether the proposed procurement is a contract for public work or a purchase contract.
B. It shall be ascertained whether the proposed procurement is exempt from competitive bidding for one of the following reasons:
1. The cost falls below monetary thresholds as set forth in General Municipal Law Section 103(1);
2. It is a case of public emergency as defined by General Municipal Law Section 103(4);
3. The contract is for professional services or involves professional skill or knowledge;
4. The contract is for a true lease of equipment;
5. The contract is for standardized equipment, materials or supplies previously awarded by the Town Board to a supplier pursuant to General Municipal Law Section 103(5);
6. The contract is for goods or services for which there is only one source available at the time the contract is entered into;
7. The procurement is to be made under County or State contract;
8. The procurement is to be made pursuant to Correction Law Section 186 or State Finance Law Section 175-b;
9. The contract is for surplus or second-hand supplies, materials or equipment to be purchased from the State of New York, any other political subdivision or public benefit corporation.
10. The contract falls within some other exemption from the competitive bidding requirements recognized by the laws of the State of New York.
C. In the event there exists uncertainty as to the character or exemption status of the proposed procurement, advice and counsel of the Town Attorney and/or the Town Board shall be sought.
III. Procedure to be Used When Competitive Bidding Not Required
A. Each department within the Town shall maintain a Procurement Log which shall set forth the information and documentation required pursuant to this policy document. It shall be the responsibility of each department head to keep the Procurement Log up-to- date. The Procurement Log shall be available for inspection upon demand by any member of the Town Board.
B. In the event a procurement is determined to be exempt from competitive bidding and its cost exceeds $2,500.00, the following procedure shall be followed:
1. At least two (2) proposals or quotations for goods or services shall be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method of procurement which furthers the purposes of General Municipal Law Section 104-b.
2. Upon award of a contract, the following shall be entered into the Procurement Log: the date of procurement, the goods or services procured and cost thereof, the basis for the determination that the procurement is exempt from competitive bidding, and all alternative quotations or proposals secured together with the name of the source of each quotation or proposal.
3. In the event a contract is awarded to other than the lowest dollar offer, it shall be set forth in the Procurement Log the justification and reasons such an award furthers the purposes of the Town of Nanticoke's bidding policy.
C. The procedures set forth in paragraph III B(1) and (2) need not be followed when the procurement is:
1. For less than $2,500.00; or
2. For a standard replacement part; or
3. For standardized equipment, materials or supplies for which the contract has been awarded to a particular vendor by the Town Board pursuant to General Municipal Law Section 103(5); or
4. Made pursuant to any one of the following:
a. General Municipal Law Section 103(3) or Section 10 or
b. State Finance Law Section 175-b; or
c. Correction Law Section 168; or
d. The policies and procedures adopted by the Town of Nanticoke pursuant to General Municipal Law Section 104-b (2)(f) and paragraph IV of this Bidding Policy.
D. 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 shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement.
IV. Exemption by Act of the Town Board
A. It shall be within the sole discretion of the Town Board to grant by resolution an exemption from the requirement that alternative proposals or quotations be obtained pursuant to paragraph II B.
B. In exercising its discretion, the Town Board shall consider whether such exemption may be granted and is in the best interest of the Town of Nanticoke.
C. An exemption may be granted under any of the following circumstances:
1. When a public emergency exists as defined by General Municipal Law Section 103(4);
2. When the contract is for professional services or involves professional skills and knowledge;
3. When the contract is for goods or services for which there is only one source available at the time the contract is entered into;
4. When the contract is for goods or services for which a desired warranty or service contract is available from only one source at the time the contract is entered into;
5. Under such other and further circumstances determined to be sufficient justification by the Town Board.
V. Noncompliance
The unintentional failure to comply with the provisions of this Bidding Policy and Procedure shall not be grounds to void action or give rise to a cause of action against the Town of Nanticoke or any officer or employee thereof.
The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows:
Ayes 4 , Nays 0 , 1 Absent.
Councilman Daniel T. Baker voting _ Aye____
Councilman Charles Forkey Jr. voting Absent_
Councilman Scott Whittaker voting _Aye ____
Councilman Donald Benjamin voting _Aye____
Supervisor Scott Ellis voting Aye _
Dated: January _15____, 2008
The Planning Board terms will be:
New Appointment 1: expires 12/31/2008
2: expires 12/31/2009
Ken Barlow expires 12/31/2010
Ralph Jackson expires 12/31/2011
Susan Carter expires 12/31/2012
They were asked to review the comprehensive plan.
Highway Committee: Scott Whittaker & Dan
General Committee: Chuck Forkey & Don
Building Committee: Dan Baker, Chuck Forkey
The Union negotiations have been sent to Paul Sweeney from PERB. He will talk to the board to let them know what is going on at the February Meeting.
Motion by Whittaker, Seconded by Benjamin, Carried
We do hereby accept the MESI contract for ambulance services for 2008.
Vote: Whittaker, Baker, Benjamin, Ellis All ayes 1 absent
Motion by Baker, Seconded by Whittaker, Carried
We do hereby authorize the following transfers as listed below and to pay the bills as audited.
Fund amount from Acc’t To Acc’t Reason
Hwy. 0.11 DA9040.8 DA5130.4 Balance out Dec 2007
Workers Comp Machinery
Hwy. 350.66 DA9040.8 DA9060.82 Balanmce out Dec. 2007
Workers Comp Health ins buyout
General 48.26 A1990.4 A1930.4 Balance out Dec. 07
Contingent
General 93.56 A1990.4 A3510.4 Balance out Dec07
Contingent
General 0.01 A1990.4 A4020.1 Balance out Dec 07
General 99.36 A1990.4 A1680.4 Exceeded budget on Ab 1
Contingent Central Data
Processing
Vote: Whittaker, Baker, Benjamin, Ellis 4 ayes 1 absent
CPR training with a public access to a defibrillator for the town was discussed. The County wants a defib on site. The cost would be about $1500.00. It would be good to take the training and enter into the agreement with Broome County.
Motion by Benjamin Seconded by Baker, Carried
We do hereby resolve that the Town enter into agreement for the defibrillator with Broome County. Vote: 4 ayes 1 absent
Smith asked if the Town could have the MESI ambulance come into the Glen Aubrey area of the town. The response time for the Broome Ambulance is anywhere from 5-8 minutes to get a crew. We need to have quicker response from an ambulance.
Ellis told that they have to have a Certificate of needs done to be able to come into the Glen Aubrey area. Ellis will check this out.
Smith talked of the Hover residence on Route 26 and trying to get it red flagged again. Law enforcement –Fire Investigators agree as a precautionary measure. It is requested that law enforcement be there on first response. At one call the house was booby trapped with gas escaping from the oven and the lights on a timer to come on. Several calls have been of a suspicious nature.
Motion by Benjamin, Seconded by Baker and Carried
We do hereby adjourn this meeting. 4 ayes 1 absent
Joanne Costley, Town Clerk