Regular Meeting of the Town Board January 10, :00pm Town of Windsor, Town Hall 124 Main Street, Windsor, NY 13865

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1 1 Regular Meeting of the Town Board January 10, :00pm Town of Windsor, Town Hall 124 Main Street, Windsor, NY Supervisor Price pointed out the exits in the room. MEETING CALLED TO ORDER by Supervisor Carolyn Price, at 7:00pm. PLEDGE OF ALLEGIANCE was recited. ROLL CALL by Clerk: Supervisor Carolyn Price: Present Deputy Supervisor William J. McIntyre: Present Councilman Gary M. Hupman: Present Councilman Timothy J. Bates: Absent Councilwoman Lesa Hawk-Shuler: Present Highway Superintendent Rocky Kohlbach: Present Attorney Cheryl Sacco: Present Deputy Town Clerk Lucille Swartz: Present Also present were: Code Enforcement Officer Dave Brown, Elizabeth Einstein, Don Einstein, Jerry Henehan, Aaron Price, Ron Rambo, Sue Rambo, Scott B. Clarke, Floyd Bronson, Kaelynn Bush, and Lu Dutcher. PUBLIC COMMENT: (Supervisor Price outlined the guidelines of public comment.) None. APPROVAL OF MINUTES: Motion By: Councilwoman Hawk-Shuler Sec. By: Councilman Hupman To approve the minutes of the December 13, 2017 Regular Meeting, as submitted. Motion By: Deputy Supervisor McIntyre Sec. By: Councilman Hupman To approve the minutes of the December 27, 2017 Special Meeting, as submitted. FINANCIAL REPORT: Supervisor Price distributed and highlighted December 2017 (Before Close) Financial Report. Motion By: Deputy Supervisor McIntyre Sec. By: Councilwoman Hawk-Shuler To approve bills for payment Abstract 13: Highway Fund Vouchers (2017) #401 through #421, totaling $30, Motion By: Deputy Supervisor McIntyre Sec. By: Councilwoman Hawk-Shuler To approve bills for payment Abstract 14: Trust and Agency Voucher #70, totaling $442.00

2 2 General Fund Vouchers: #555 through #575, totaling $7, Motion By: Deputy Supervisor McIntyre Sec. By: Councilman Hupman To approve bills for payment Abstract 1: General Fund Vouchers (2018) #1 through #25 (not paying 1G-21 for $625.00), totaling $66,306.10; Sewer Operating Voucher (2017 FAO) #74, totaling $190,964.00; Highway Fund Vouchers (2018) #1 through #14, totaling $56,917.96; COMMITTEE REPORTS: ASSESSOR: Report submitted. DOG CONTROL: Deputy Supervisor McIntyre presented a packet regarding the purchase of a new DCO vehicle in the future. ECONOMIC DEVELOPMENT: Broome County Construction Data ENERGY: Energize NY Pace Program HIGHWAY: None. HISTORY: Vestal came to pick up the sheet music which was declared as surplus. SENIOR CITIZENS: Supervisor Price now serves on the Office for the Aging Advisory Council TOWN CLERK/TAX COLLECTOR/REGISTRAR: Report submitted. Supervisor Price explained that we really worked hard to have the tax bills out early, especially knowing that there would be some taxpayers that would want to pay in Tax information was put online earlier than usual, and were mailed out December 28, 2017, which was the earliest they have ever been mailed out. Some taxpayers still do not have their tax bills. Supervisor Price mentioned that she has a call in to the distribution center up in Syracuse, as the mail goes to Syracuse, to be sorted, before coming back to Windsor for delivery. Supervisor Price reflected back to when the Town of Windsor put out a survey, and people were contacting the Town saying that they have not received their survey. At the time, Supervisor Price called the Syracuse Distribution Center and was told that, even with first class mail, there is a certain number of letters that are allowed out each day. If they have more letters than that number, they sit until the next day, etc. In the situation of that survey, it took over the course of a week for all of those surveys to leave Syracuse. Supervisor Price has a call in to Claudia Tenney wondering why: If there is mail with the same zip code, why can t they sort and have the mail go out from the local post office, instead of being trucked up to Syracuse for sorting, and in turn, trucking it back. She also added that she had spoken with people from two different towns in Delaware County that say their mail is sorted right at their local post office, and in turn, delivered the next day. TOWN HALL: All lights in the Town Hall are changed. WASTEWATER TREATMENT PLANT: With this frigid weather, only one pump station froze. YOUTH & RECREATION: None. ZONING, PLANNING & CODE ENFORCEMENT: Code Enforcement Monthly Report submitted. Planning Board Minutes dated were submitted. UNFINISHED BUSINESS: None. At 7:23pm: Motion By: Councilman Hupman Sec. By: Councilwoman Hawk-Shuler To enter into Executive Session to consider the appointment of particular persons.

3 3 At 7:40pm: Motion By: Councilwoman Hawk-Shuler To return from Executive Session. Sec. By: Councilman Hupman NEW BUSINESS: TOWN OF WINDSOR 2018 SUPERVISOR APPOINTMENTS TOWN BOARD COMMITTEES: COUNCIL OF GOVERNMENT ALL BOARD MEMBERS BANKING SUPERVISOR PRICE & COUNCILMAN BATES DOG CONTROL COUNCILWOMAN HAWK-SHULER & COUNCILMAN HUPMAN ECONOMIC DEVELOPMENT SUPERVISOR PRICE & COUNCILMAN HUPMAN ENERGY SUPERVISOR PRICE & COUNCILWOMAN HAWK-SHULER HIGHWAY COUNCILMAN BATES & COUNCILMAN MCINTYRE HISTORY & CEMETERY COUNCILWOMAN HAWK-SHULER & COUNCILMAN HUPMAN INSURANCE COUNCILMAN MCINTYRE & COUNCILMAN HUPMAN PERSONNEL SUPERVISOR PRICE & COUNCILMAN MCINTYRE SEWER SUPERVISOR PRICE & COUNCILMAN BATES TOWN HALL SUPERVISOR PRICE & COUNCILMAN MCINTYRE ZONING/PLANNING/CODE ENF. COUNCILMAN MCINTYRE & COUNCILMAN HUPMAN APPOINTMENTS: DEPUTY TOWN SUPERVISOR HISTORIAN WILLIAM J. MCINTYRE LUELLA ENGLISH TOWN OF WINDSOR GOVERNMENT FOR BOARD APPOINTMENTS REGISTRAR OF VITAL STATISTICS BARBARA MILLER DOG CONTROL OFFICER FLOYD BRONSON DEPUTY DOG CONTROL OFFICER DAVID BROWN BINGO INSPECTOR DAVID BROWN UPSTATE NEW YORK TOWNS ASSOCIATION ALL BOARD MEMBERS BANK - THE TOWN OF WINDSOR IS AUTHORIZED TO UTILIZE THE BANKING SERVICES FROM ANY BANK AUTHORIZED TO DO BUSINESS IN AND HAVING OFFICES IN THE STATE OF NY (Reso ) NEWSPAPER - THE WINDSOR STANDARD REGULAR MONTHLY MEETING - THE SECOND WEDNESDAY OF THE MONTH AT 7:00PM SPECIAL MEETINGS - AS NEEDED WITH NOTICE IN THE WINDSOR STANDARD. MILEAGE - $.50 GAMES OF CHANCE, MULTIPLE RESIDENCE INSPECTOR & ZONING ENFORCEMENT OFFICER DAVID BROWN ATTORNEY FOR THE TOWN COUGHLIN & GERHART ENGINEER FOR THE TOWN GRIFFFITHS ENGINEERING Motion By: Deputy Supervisor McIntyre To approve the 2018 Board Appointments. Councilwoman Hawk-Shuler AYE Sec. By: Councilwoman Hawk-Shuler Town of Windsor, County of Broome, State of New York RESOLUTION TO ACCEPT AND TO AUTHORIZE THE SUPERVISOR TO EXECUTE THE ATTACHED AGREEMENT Resolution # PRESENT: Supervisor Carolyn W. Price Deputy Supervisor William J. McIntyre Councilman Timothy J. Bates Councilwoman Lesa Hawk-Shuler Councilman Gary M. Hupman

4 4 At a Regular meeting of the Town of Windsor Town Board, held at the Town Hall on the 10 th day of January, 2018, the following resolution was OFFERED BY: Deputy Supervisor McIntyre SECONDED BY: Councilman Hupman WHEREAS, the Town of Windsor had a Youth Board and Director, which previously ran the Town s Youth programs; and WHEREAS, in attempts to better run the Town s Youth Programs, members of the community incorporated a not for profit, 501(c)(3), entity called Windsor Youth Sports & Recreation Inc. ( WYS&R ); and WHEREAS, the attached Agreement between the Town of Windsor ( Town ) and the and WYS&R, and would allow WYS&R to continue the Town s Youth programs; and WHEREAS, the Town, after discussion believes that the attached Agreement and the relationship between the Town and WYS&R is good for all residents of the Town and especially the youth of the Town; and NOW THEREFORE, BE IT RESOLVED, the Town Board of the Town of Windsor, after review and discussion, hereby approves the attached Agreement; and be it FURTHER RESOLVED, the Supervisor is hereby authorized to sign and deliver any documents necessary to effectuate the terms and conditions of this Resolution and implement same on behalf of the Town; and be it FURTHER RESOLVED, this resolution shall take effect immediately Supervisor Carolyn W. Price-AYE Deputy Supervisor William J. McIntyre-AYE Councilman Timothy J. Bates-AYE Councilwoman Lesa Hawk-Shuler-AYE Councilman Gary M. Hupman-AYE Resolution Adopted: January 10, 2018 AGREEMENT THIS AGREEMENT, made and entered into this 10 th day of January, 2018 between the Town of Windsor, a municipal subdivision of the State of New York situated in the Town of Windsor, County of Broome, State of New York, with it offices at Windsor Town Hall, 124 Main Street, Windsor, NY 13865, party of the first part (hereinafter referred to as Town ), and Windsor Youth Sports & Recreation Inc., a 501(c)(3) not for profit organization with a mailing address of: P.O. Box 412, Windsor NY 13865, party of the second part (hereinafter referred to as Contractor ), WITNESSETH, that the Town and Contractor, in consideration of the promises and the mutual covenants and agreements contained herein, do hereby mutually agree as follows: 1. Services. Contractor agrees to provides those services previously provided by the Windsor Youth Board. More specifically, Contractor agrees to conduct youth sports and youth recreation in the Town of Windsor, in same type and number; as has conducted in the prior years. No child will be discriminated against or refused enrollment without just cause. The Contractor is authorized to conduct these activities; and shall do so in in conformance with all relevant laws, rules and regulations. 2. Term. This Agreement shall begin January 1, 2018 and end December 31, This contract may be renewed upon mutual consent. 3. Payment. Contractor shall receive payment from the Town in the total amount of $22,100. The Contractor, may receive partial payments for Contractor's services on a bi-annual basis. Contractor shall send to the Town a signed voucher for the amount of $11,050, to be paid to the Contractor in February and August. No sum described shall be due and payable by the Town until the Town has received a voucher and has audited and approved for payment the signed voucher to be submitted by the Contractor at a regularly scheduled Town Board Meeting. The Town Board shall process any vouchers received from Contractor as expeditiously as possible. Vouchers shall be presented to the Town Clerk no later than the Monday, which proceeds the date of the February and August Town Board Meetings at which such vouchers are to be audited. 3. Termination. This agreement shall terminate immediately in the event that (a) Contractor files a Petition in Bankruptcy Court or, Petition is filed against Contractor in Bankruptcy Court, or a Contractor is adjudged bankrupt or makes as assignment for the benefit of creditors, or (b) A Receiver or Liquidator is appointed for Contractor and or/ Contractor's Property and is not dismissed within

5 5 dismissed within the said 20 days. In the event that the Contractor refuses or fails to provide the services required with due diligence, or refuses or fails to comply with applicable statues, laws or ordinances, or is guilty of a substantial violation of any provision of this agreement, Town shall send Contractor written notice that Contractor has 2 days to cure said default; and if at the end of said 2 day period, Contractor has not cured said default, Town may then terminate this agreement on 5 days prior written notice to Contractor. 4. Skills of Contractor. Contractor represents that Contractor has the requisite skills and experience to perform the services hereunder and shall 5. Independent Contractor Status. Contractor and Town agree that in performance of Contractor's service hereunder, Contractor is an independent contractor and shall not be deemed to be an employee or agent of the Town for any purpose whatsoever. 6. Prohibition Against Assignment. Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this agreement or Contractor's right, title or interest in this agreement. Contractor is authorized to use employees and volunteers in the manner that it sees fit. 7. Compliance with Statutes. Contractor agrees that Contractor shall comply with all statutes, ordinances, local law, codes, rules and regulations which are or may be applicable to Contractor's services, activities, and duties set forth in this agreement. 8. Notices. Any and all notices, vouchers, and payments required hereunder shall be addressed to the parties at their respective addresses set forth on page 1 hereof, or to such other address as may hereafter be designated in writing be either party hereto. 9. Waiver. No waiver of any breach of any condition of the agreement shall be binding unless the same shall be in writing and signed by the party waiving the said breach. No such waiver shall affect any other term or condition of this agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall expressly include the same. 10. Construction of Agreement. This agreement shall be constructed and interpreted in accordance with the laws of the State of New York. 11. Completed Agreement; Modification. There are no terms, conditions or obligations other than those contained herein and there are no written or verbal statements or representations, warranties or agreements with respect to this agreement which have not been embodied herein. This agreement constitutes the complete understanding of the parties with respect to the subject matter hereof. No modification or amendment of any provisions of this agreement shall be valid unless in writing and signed by all parties. 12. Reimbursement For Damages. Contractor agrees to reimburse Town for any damage to any real property or personal property of Town that may be caused, directly or indirectly, from the negligence, acts or omissions of Contractor. 13. Insurance Contractor does hereby agree to obtain and thereafter continue to keep in full force and effect as part of its general liability insurance, public liability insurance relative to this agreement during all phases of the performance of the various provisions to be performed herein. And Contractor agrees to name the Town of Windsor and the Village of Windsor as additional insureds (on a

6 6 primary noncontributory basis) on its insurances. IN WITNESS WHEREOF, THE TOWN OF WINDSOR has caused its corporate seal to be affixed hereto and these presents to be signed by Carolyn Price, Supervisor, duly authorized to do so, and to be attested to by Barbara Rajner Miller, Town Clerk, of the Town of Windsor, and the said Contractor has signed this agreement, the day and year first above written. (SEAL OF THE TOWN OF WINDSOR) Attest: Barabara Rajner Miller, Town Clerk Town of Windsor TOWN OF WINDSOR By: Carolyn Price Supervisor Rhea Deyo, Treasurer & Secretary, WYS&R Motion By: Deputy Supervisor McIntyre Sec. By: Councilwoman Hawk-Shuler To appoint Dave Kohlbach for a 5-Year Appointment to the Zoning Board of Appeals. Councilwoman Hawk-Shuler AYE Motion By: Councilman Hupman Sec. By: Councilwoman Hawk-Shuler To table making a 5-Year Appointment to the Planning Board. Motion By: Councilwoman Hawk-Shuler Sec. By: Deputy Supervisor McIntyre To table making a 1-Year Alternate Appointment to the Planning Board. Councilman Hupman read aloud the 2018 Federal Holiday Listing, and mentioned that the Town Hall would be closed on these dates: 2018 Federal Holidays Day Date Holiday Monday January 1 New Year s Day Monday January 15 Birthday of Martin Luther King, Jr. Monday February 19 Washington s Birthday Monday May 28 Memorial Day Wednesday July 4 Independence Day Monday September 3 Labor Day Monday October 8 Columbus Day Monday November 12 (observed) Veterans Day Thursday November 22 Thanksgiving Day Tuesday December 25 Christmas Day

7 7 Town of Windsor, County of Broome, State of New York AUTHORIZING THE SUPERVISOR TO EXECUTE A RETAINER AGREEMENT AND THE HIRING OF LEGAL COUNSEL. Resolution # PRESENT: Supervisor Carolyn W. Price Deputy Supervisor William J. McIntyre Councilman Timothy J. Bates Councilwoman Lesa Hawk-Shuler Councilman Gary M. Hupman At a Regular meeting of the Town of Windsor Town Board, held at the Town Hall on the 10 th day of January, 2018, the following resolution was OFFERED BY: Deputy Supervisor McIntyre SECONDED BY: Councilwoman Hawk-Shuler WHEREAS, the Town Board has determined that it wishes to retain Coughlin & Gerhart LLP to provide its general legal services; and WHEREAS, a proposed retainer agreement was received by the Town Board; in which the proposed services and fee structure are outlined; and WHEREAS, the Town Board deems it necessary to secure legal counsel; NOW, THEREFORE, this 10 th day of January, 2018, BE IT RESOLVED by the Town Board of the Town of Windsor, as follows: RESOLVED, that Coughlin & Gerhart, LLP, is herby retained effective January 1, 2018 for a term ending on December 31, 2018 and that Supervisor is authorized to execute the retainer agreement. RESOLVED, this resolution shall take effect immediately. Supervisor Carolyn W. Price AYE Deputy Supervisor William J. McIntyre AYE Councilman Timothy Bates AYE Councilwoman Lesa Hawk-Shuler AYE Councilman Gary M. Hupman AYE Resolution Adopted: January 10, 2018 Town of Windsor, County of Broome, State of New York A Resolution Acknowledging that an Examination of the Justice Court s Records was Conducted. Resolution # PRESENT: Supervisor Carolyn W. Price Deputy Supervisor William J. McIntyre Councilwoman Lesa Hawk-Shuler Councilman Gary M. Hupman ABSENT: Councilman Timothy J. Bates At a regular meeting of the Town of Windsor Town Board, held at the Town Hall on the 10th day of January, 2018, the following resolution was OFFERED BY: Councilman Hupman SECONDED BY: Deputy Supervisor McIntyre WHEREAS, Uniform Justice Court Act Section 2019-a partially sets forth the following: It shall be the duty of every such justice, at least once a year and upon the last audit day of such village or town, to present his records and docket to the auditing board of said village or town, which board shall examine the said records and docket, or cause same to be examined and a report thereon submitted to the board by a certified public accountant, or a public accountant and enter in the minutes of its proceedings the fact that they have been duly examined, and that the fines therein collected have been turned over to the proper officials of the village or town as required by law. Any such justice who shall willfully fail to make and enter in such records and docket forthwith, the entries by this section required to be made or to exhibit such records and docket when reasonably required, or present his records and docket to the auditing board as herein required, shall be guilty of a misdemeanor and shall, upon conviction, in addition to the punishment provided by law for a misdemeanor, forfeit his office. WHEREAS, On or about the 20 th day of December, 2017, the Justice Court of the Town of Windsor presented its records and docket to the auditing board of the Town of Windsor. WHEREAS, On or about the 20 th day of December, 2017, the auditing board of the Town of Windsor duly examined the records and docket of the Justice Court of the Town of Windsor, for the timeframe of October 31, November 30, WHEREAS, The auditing board of the Town of Windsor found no issues during its examination. NOW, THEREFORE, this 10th day of January, 2018, BE IT RESOLVED by the Town Board of the Town of Windsor, as follows:

8 8 RESOLVED, The Town Board acknowledges that the required examination of the Town Justice books was conducted and that no issues were identified during the examination. RESOLVED, The Town Clerk is asked to send a copy of this resolution to Dennis W. Donnelly, Director of Internal Audit with the NYS Office of Court Administration. RESOLVED, This resolution shall take effect immediately. Supervisor Carolyn W. Price - AYE Deputy Supervisor William J. McIntyre - AYE Councilman Timothy J. Bates - ABSENT Councilwoman Lesa Hawk-Shuler - ABSTAIN Councilman Gary M. Hupman AYE Resolution Adopted: January 10, 2018 UPCOMING MEETING: Regular Meeting: at 7:00pm, in the Town Hall. PUBLIC COMMENTS: Deputy Supervisor McIntyre extended his thankfulness and appreciation for the support his family received at this difficult time with the passing of his son-in-law and accident involving family members. At 7:49pm, Motion By: Councilman Hupman Sec. By: Councilwoman Hawk-Shuler To recess for legal advice, inviting Hwy Superintendent Kohlbach and Code Enforcment Officer Dave Brown. At 8:42pm, Motion By: Deputy Supervisor McIntyre To return from recess for legal advice. ADJOURNMENT: Motion By: Councilwoman Hawk-Shuler To adjourn the meeting at 8:43pm. Sec. By: Councilman Hupman Sec. By: Councilman Hupman Respectfully Submitted, Lucille Swartz, Windsor Deputy Town Clerk