Regular meeting of the Hadley Town Board, held at the Hadley Town Hall, 4 Stony Creek Road, Hadley N.Y. Thursday, August 12th 2010 at 7PM.
Members present: Supervisor: Arthur Wright
Councilwoman: Colleen DeMarsh
Councilmen: James Brewster Charles Ovitt Carl Lawrence
Also present: Highway Superintendent: Joseph Monica, Town Clerk: Pauline G. Smead.
Absent: Attorney Raeann Johnson
Motion was made by James Brewster seconded by Charles Ovitt to approve the minutes as written for the meeting held Thursday June 9th 2010. All Ayes
Motion was made by James Brewster seconded by Colleen DeMarsh to approve this transfer:
Highway: Transfer $8,953.05 from Code 5130.4(Machinery) to Code 5110.4(General Repairs) RE: Coding of bills. All Ayes.
RESOLUTION # 61 was made by a motion from Charles Ovitt seconded by Carl Lawrence.
BE IT RESOLVED that the Hadley Town Board have audited all pre-paid vouchers and all were approved. All ayes.
General: Abs. #32-36=$11,472.16 Highway: Abs. #16=$5,755.95 Park: Abs. #4&5=$188.84
SW1: Abs. #15&16=$489.92 SW2: Abs. #15&15=$787.05
Sewer: Abs. #17&18=$248.52 Senior/Community Center: Abs. #7=$251.45
RESOLUTION # 62 was made by a motion from Carl Lawrence seconded by Charles Ovitt.
BE IT RESOLVED that the Hadley Town Board have audited all vouchers and all have been approved for payment. All Ayes.
General: $21,754.60 Highway: $23,813.88 SW1: $221.64
SW2:$1,963.53 Sewer: $95.64 Street Lights: $2,060.75
Senior/Community Center: $20.25
Public Comments
Mrs. Susan Wilder asked when the pavement would be done on Woodard Avenue and she was informed that it would be done next week.
Mrs. Wilder stated that they had received numerous compliments about the flags being on the bridge again this year and asked the Supervisor if the Town would purchase flags as does the Town of Lake Luzerne.
She also asked about the pavilion being built at the Senior/Community Center. She was informed that this project had been approved and she asked how much money was left in the account to finish the basement in the building and she was informed of the amount and also she asked if a Historian Office would be included and Supervisor Wright informed her that this had not been discussed to date.
Mrs. Wilder also asked the Supervisor as to what needs to be done to put in a request for fireworks for next year for the Maple Festival.
Supervisor Wright informed her that a request form could be acquired at the Town Hall in Mr. Thomas's office.
Mrs. Wilder also asked the Supervisor where the flowers went that were planted at the four corners and he did not know.
Mrs. Melody Monica informed the Town Board that they can acquire an AED for the Senior/Community Center for the price of $1,000.
Mrs. Margaret Hovey asked where the Town's sign go which had been installed on 9N and she was informed that it had been stolen. Supervisor Wright stated that the sign cost $850 and the Insurance would reimburse the Town $350 as we have a $500 deductable.
Mrs. Wilder also asked if the town will be installing lights on the Bow Bridge and she was informed that they would not.
The Town Board's folders consist of: Supervisor's monthly report, Building Inspector's monthly report also Town Board's meeting minutes for July. A letter from Community Connection Night was included.
Highway Superintendent's report was verbal. He informed the Town Board that they would be paving Woodard Avenue next week. He informed them that all fire extinguishers are up to code at the Highway Garage and also the fuel tanks.
Supervisor Wright's report was verbal. He informed the Town Board that he is now speaking to a different person at Niagara Mohawk pertaining to the Park. He stated that he was informed that they would be having the petition done within 2 weeks and then have the park appraised and then starts the 90 day waiting period.
He informed the Town Board that the slab was finished for the Pavilion and the ramp for the kitchen. Councilman Brewster is now asking for volunteers to get it built and at that time the Supervisor will place the order for the materials.
Supervisor Wright explained to the Town Board about the Community Connection Night through the Adirondack Phantoms Hockey Team. He stated that this would be good for all surrounding communities for fundraising and group sales.
Supervisor Wright stated that he had previously discussed the matter of the flags on the bridge with Marika Jones. After discussing this with the Town Board a motion was made.
RESOLUTION # 63 was made by a motion from Carl Lawrence seconded by Colleen DeMarsh.
BE IT RESOLVED that the Hadley Town Board hereby approves the purchase of the American Flags for the bridge at the cost of $144. All Ayes.
Town Clerk's report: Revenues: $312.00
Disbursements: DEC: $56.68
Ag. & Markets: $12.00
Health Dept: $22.50
Supervisor: $196.57 ($1.60) last month
The Town Clerk informed the Town Board that she was in receipt of two Liquor License renewal applications from Mollie's Mason Jar Restaurant. All was in order.
RESOLUTION # 64 was made by a motion from Colleen DeMarsh seconded by Charles Ovitt.
BE IT RESOLVED that the Hadley Town Board hereby approves the:
INTEMUNICIPAL AGREEMENT BETWEEN WARREN COUNTY AND THE TOWNS OF JOHNSBURG, CHESTER, LAKE LUZERNE, STONY CREEK, THURMAN, WARRENSBURG, HADLEY, CORINTH AND THE VILLAGE OF CORINTH CONCERNING LOCAL WATERFRONT REVITALIZATION PROGRAM 2008 EPA FUND ACT
WHEREAS, the County of Warren prepared an application and was subsequently awarded funding in the amount of $258,270 under the New York State Department of State Environmental Protection Fund Act-2008, Local Waterfront Revitalization Program for a project numbered #C006982 entitled "First Wilderness-Building the Future" (EFP-2008 Grant), and
WHEREAS, the EFP 2008 Grant work plan identifies several priority projects of the First Wilderness Heritage Corridor Plan, an intermunicipal revitalization strategy for nine communities along the Upper Hudson River and Delaware Hudson rail lines in Saratoga and Warren Counties which was completed in 2000 and updated thereafter with funding provided from previous Local Waterfront Revitalization Program (LWRP) awards, and
WHEREAS, as in similar grants awarded under the LWRP in past years, the project scope of the current EFP-2008 Grant award includes various communities within Warren County , and Saratoga County that share both the Hudson River Waterfront and the Warren County Rail Line, and
WHEREAS, a new Intermunicipal Agreement is necessary to coordinate community participation and responsibilities in accordance with EFP-2008 Grant requirements, provide for matching funds and allow Warren County to act on behalf of these communities for grant administration purposes,
NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE MUNICIPALITIES AGREE AS FOLLOWS:
GENERAL DESCRIPTION OF WORK
- The County of Warren and the Towns of Johnsburg, Chester, lake Luzerne, Stony Creek, Thurman, Warrensburg, Hadley, Corinth and the Village of Corinth, hereinafter referred to as "the municipalities" hereby provide the participation in the EFP-2008 Grant described in the preambles of this agreement, as may be amended with the objective and purposes of this Intermunicipal Agreement relating to the EFP-2008 grant work plan scope of
•i) design and construction of improvements to the North Creek Train Station complex:
•ii) preparation of an update of the North Creek Action Plan
•iii) Community visioning to develop consensus of the possible extension of the corridor from North Creek to Tahawus; and
•iv) Enhancements to the First Wilderness Heritage Corridor website
- The project will be overseen by a Project Advisory Committee consisting of representatives of communities along the rail corridor and interested State and local agencies and departments, which Committee shall be the same as established as part of the implementation of past LWRP grant awards in which the municipalities have participated
REPRESENTATIONS:
- A. The County of Warren agrees:
•a) As EFP-2008Grant recipient, to participate in, to be subject to and bound by all the terms and conditions of the EFP-2008 Grant, as may be amended, as set forth in Exhibit "A" attached hereto and incorporated herewith.
•b) In accordance with the terms of the EFP-2008 Grant, establish or continue a Project Advisory Committee to oversee all aspects of the EFP-2008 grant work program, which Committee shall include the Chief elected official, or his designee, of each municipality which is a party to this agreement, as well as other interested agencies and entities.
•c) To act as Grant Administrator in accordance with the terms and conditions of the EFP-2008 Grant, as may be amended, as set forth in attached Exhibit "A" and the authority of Warren County shall include:
•i) The coordination of the EFP-2008 Grant work program tasks, and
•ii) The execution of agreements relating to the EFP-2008 Grant work plan, as well as administering payment of same from funds received from the County of Warren, under the terms and conditions of the EFP-2008 Grant.
B. The towns of Johnsburg, Chester, Lake Luzerne, Stony Creek, Thurman, Warrensburg, Hadley, Corinth and the Village of Corinth each agree:
a. As a First Wilderness Heritage Corridor community (FWRC community) to participate as a member of the Project Advisory Committee to oversee all aspects of the EPF-2008 Grant Work Program.
b. As a FWRC community to cooperate in those portions of the EFP-2008 Grant work program elements relating to corridor- wide initiatives such as enhancements to the First Wilderness heritage Corridor website.
c. As to each specific EPF-2008Grant work program element involving initiative committed to by an individual municipality, such municipality agrees to participate in, be subject to and be bound by all the terms and conditions of the EPF-2008 Grant, as may be amended, as set forth in attached Exhibit "A" as if such municipality is an individual signatory thereof, for that portion of the EPF-2008 Grant work program, contracts, matching funds and budget relating to such municipality's agreed upon EPF-2008 Grant work program elements.
d. Notwithstanding the foregoing, each municipality which has not agreed to participate in any portion of a specific EPF-2008 Grant work program element involving another municipality shall not be responsible for any matching funds or EPF-2008 Grant terms as relates to such municipality's specific work program element.
C. All municipalities agree to comply with applicable federal, state, local laws and regulations, as relates to their municipality's EPF-2008 grant participation, including but not limited to applicable provisions of the Uniform Federal Accessibility Standards, Americans with Disability Guidelines,. Workers Compensation Law requirements, the Equal Employment Opportunity Act of 1972, M.W.O.B.E. Program mandated by Article 15A of the New York State Executive Law.
D. Without limiting the meaning of paragraphs 3A), 3(B) or 3(C) hereinabove, all municipalities agree to include the provisions in contracts relating to any EPF-2008 Grant work program element:
The Contractor must ensure that all the materials printed, constructed, and/or produced acknowledge the contributions of the Office of Coastal, Local Government and Community Sustainability to the project.
The materials must include the following acknowledgement: This (document, report, map, etc.) was prepared for the New York State Department of State Office of Coastal, Local Government and Community Sustainable with funds provided under Title 11 of the Environmental Protection Fund."
The Contractor must submit to the Office of Coastal, Local Government and Community Sustainability all required products, clearly labeled with NYS Comptroller's Contract # as indicated on the Face Page of this Agreement and where applicable, the related Task # from this Work Plan. The Contractor shall submit:
•a) Draft products: two paper copies and one electronic copy of each product;
•b) Final products: two paper copies of each product. In addition, all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy in Word Perfect and Abode, Acrobat portable Document Format-PDF (created using 300 dpi scanning resolution) and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor's name, contract # and project title. Additionally, electronic data for all Geographic Information System-based mapping products must be included in either Arc or MapInfo format.
•c) Pictures and photographs must be dated and captioned with the location and brief description of activity being documented.
The contributions of the Office of Coastal, Local Government and Community Sustainability must also be acknowledged in community press releases issued for the project. Project press releases shall be submitted to the Department for review and approval prior to release to ensure appropriate attribution.
- TERMS:
The terms of this agreement shall commence upon the execution of this agreement by all participating municipalities, subject to full execution of the EFP-2008 Grant agreement by the State of New York and County of Warren. This agreement shall remain in effect until the obligations of the parties are completed hereunder, or upon termination of funding
- INDEMNIFICATION AND DEFENSE:
Each municipality shall indemnify and hold harmless the other municipalities and their officers, directors, agents and employees and the State of New York, its officers and employees from, and against any and all claims, demands or cause of actions for injury, death to person or damage to property ( including, all costs and reasonable attorney's fees incurred in defending any claim demand or cause of action), arising out of resulting from any negligent or wrongful acts, errors, omissions, negligence, incompetence, malfeasance by the municipality, its employees or agents in performing of its obligation under this Agreement.
- NO ASSIGNMENT:
The municipalities agree to not assign their respective rights or interests under this agreement without the express consent of all other municipalities and the decision to grant consent shall rest with the sole discretion of each of the municipalities.
- FUNDS AVAILABLE:
It is understood by and between the parties hereto that this agreement shall be deemed executory and the County of Warren as grant recipient and Warren County as grant administrator shall be obligated only to the extent of the moneys available to the County of Warren from the Department of State and no liability on account thereof shall be incurred by the County of Warren or Warren County beyond moneys available for the purpose hereof. No phase of work for the project shall be commenced unless or until the County of Warren receives authorization from the Agency.
- INDEPENDENT CONTRACTOR:
- The parties recognize that they are independent contractors pursuant to this agreement and will conduct themselves as such; that they will neither hold themselves out as nor claim to be an officer or employee of each other by reason hereof; and they will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the other party.
- NON-DISCRIMINATION:
In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statuary and constitutional non-discrimination provisions, the Town will not discriminate against any employee because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics or marital status.
- NOTICE:
In the event that there should be a need for formal communications between the municipalities, Wayne LaMothe, Assistant Director of the Planning & Community Development Department, 1340 State Route 9, Lake George, New York 12845 shall be the appropriate party for the County of Warren and the officers executing this agreement shall be the appropriate parties to whom to write and mail formal notices and or/communications.
- MULTIPLE SEPARATE PARTS:
This agreement and any other documents to be delivered pursuant to this agreement may be executed in multiple, separate counterparts, each of which shall be deemed an original.
- CAPTIONS:
The captions in this agreement are for reference purposes only and shall not be deemed to interpret or characterize the agreement in any manner
- ENTIRE AGREEMENT:
This agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, if any. This agreement shall not be altered or changed except by similar written agreement executed by the municipalities through their authorized officers.
- BINDING EFFECTS:
This agreement shall be binding upon and insure to the benefits of the successors, legal representatives and permitted assigns of the parties to this agreement.
- VOID/ILLEGAL PROVISIONS:
In the event that any term or provision of this agreement is found to be void or illegal by a court of proper jurisdiction, than in that case, the remaining terms and provisions of this agreement shall remain in full force and effect between the parties as if the void or illegal term or provision were deleted.
IN WITNESS WHEREOF, this Intermunicipal Agreement has been executed by the duly authorized officer of the respective parties.
COUNTY OF WARREN. All Ayes
Councilwoman DeMarsh stated that she attended the Farmer's Market coupon distribution day today and not many seniors attended. Anyone interested may apply for coupons at Greenfield on Monday.
She also stated that the Seniors would like book shelves at the Center.
Supervisor Wright will check to where they would like them and place an order. The Seniors would also like to advertise events which are taking place at the Center as "Events Today or in the Post Star. Councilwoman DeMarsh will check with the Newspapers as numerous people do not have a computer.
Councilwoman DeMarsh stated that she had put one ad in the Pennysaver asking for help on the Beautification Committee and she received one call. Anyone interested in helping, please call the Town Hall or Councilwoman DeMarsh.
Highway Superintendent informed the Town Board that he was now holding the position of Commissioner for the Hadley-Luzerne Fire Department.
Supervisor Wright informed the Town Board that an Agenda Meeting will take place on the 26th of August so dates may be set for Budget workshop meetings.
Next Town Board meeting, Thursday September 9th 2010 at 7PM
Motion was made by James Brewster seconded by Charles Ovitt to adjourn this meeting at 7:30PM. All Ayes.
