TOWN OF SANTA CLARA BOARD MEETINGS
Minutes of the Regular Monthly Meeting of the Santa Clara Town Board held on Thursday, July 9, 2020, Saranac Inn, NY Town Hall at 6:30 P.M.
Roll as follows for the Regular Monthly Meeting:
- Andrew McGill - Supervisor
- Richard Lyon - Councilman
- David Perry - Councilman
- Marcel "Mickey" Webb - Councilman
- Scott LaMay - Superintendent of Highways
Absent: John Murray - Councilman
- Laurie McGill - Town Clerk
Regular monthly meeting called to order by Supervisor McGill at 6:30 P.M.
Pledge of Allegiance to the flag of the United States of America
Motion by Rick Lyon, seconded by Mickey Webb to dispense with the reading of the minutes of the previous meeting. All members voting Aye. Motion carried. Motion by Rick Lyon, seconded by Mickey Webb to accept the minutes. All members voting Aye. Motion carried.
Planning Board Report - Scottie Adams, Chairperson of the Planning Board, updated the Board on the short term rental regulations the Planning Board is currently working on. The regulations are to protect the character of the neighborhood, protect the environment and protect the safety of the renters. The short term rental regulations would include a permit system with an annual fee. Currently the Planning Board is looking at the system Lake Placid uses called Host Compliance. There is also a 24 hour hotline with this system to handle complaints regarding the renters. The cost of the system is $2,800.00 a year. The system is already up and running in Lake Placid and can be viewed at this website http://www.northelba.org/?page=government/code-enforcement/short-term-rental Guy Middleton, an adhoc member of the Planning Board, addressed the Board also and advised the regulations will protect the watershed. Special Counsel for the Town is reviewing the process the Planning Board has scripted and once it is ready will be presented to the Town Board.
Supervisor McGill reported that a letter of thanks was received from the Town of Franklin Supervisor Dorothy Brown and Highway Superintendent Jacques Demars. The letter was to thank the Town for the use of highway equipment in time of need due to the Town of Franklin’s highway garage burning down.
Salt Shed - Scott LaMay has 2021 prices and information on salt sheds he has received from various companies. Andy McGill and Guy Middleton both reported that there are no open grants yet to apply for.
Resolution No. 5: On a motion by Mickey Webb, seconded by Rick Lyon
THIS AGREEMENT, made. and entered into this 9 day of July, 2020, between the TOWN OF WAVERLY, a municipal subdivision of the State of New York situated in Franklin County with an address of 4 North Main St., St. Regis Falls, NY 12980, herein referred to as "Waverly," and the TOWN OF SANTA CLARA, a municipal subdivision of the State of New York situated in Franklin County with an address of 5359 State Route30, Saranac Lake, NY 12983, herein referred to as "Santa Clara."
WHEREAS, Santa Clara is responsible for snow plowing and ice control on each Town highway of the Town of Santa Clara and Waverly is responsible for snow plowing and ice control on each Town highway of the Town of Waverly, and
WHEREAS, by reason of topography and geography it would be in the best interest of Santa Clara to have Waverly responsible for such snow and ice removal on certain portions of Santa Clara town roads as described in Schedule A, and
WHEREAS, both Santa Clara and Waverly are desirous of entering into an agreement to have Waverly plow the roads described in Schedule A located in the Town of Santa Clara upon the terms and conditions hereinafter set forth,
NOW, THEREFORE, IT IS HEREBY AGREED by Santa Clara and Waverly as follows:
1. The Town of Waverly agrees to be responsible for snow and ice removal at the following locations within the Town of Santa Clara: See Schedule A attached hereto.
2. Waverly shall provide the tools, equipment, materials (sand and salt) and personnel necessary to clear snow from and sand for ice control for the aforementioned roads to the extent that each Town, through its Highway Superintendent, deems necessary to provide reasonable passage and movement of vehicles over such roads.
3. All work hereunder shall be performed according to customary and approved New York State standards and in such manner as to accomplish the obligation imposed on each Town with respect to snow removal and control of snow and ice on its own highways, roads and streets.
4. In exchange for such services, Santa Clara shall pay Waverly the sum of $24,000.00. Payment shall be made on the following schedule:
5. Waverly agrees that its status while performing services pursuant to this Agreement is that of an independent contractor and the Town, its employees and/or agents will neither hold themselves out as, nor claim to be, officers or employees of the other Town in any matter, including, but not limited to Workers' Compensation, Unemployment Insurance benefits, Social Security or retirement membership or credit.
6. Waverly 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 contract during all phases of the performance of the various provisions of work to be performed herein naming Santa Clara as an additional named insured.
7. Santa Clara shall transmit in writing to the Town Clerk of Waverly within two (2) days after receipt thereof of any written notice received regarding any unsafe, dangerous or obstructed condition of any road subject of this Agreement, and Waverly shall take any necessary corrective action with respect thereto as soon as possible.
8. Should any dispute arise between the parties respecting the terms of this Agreement, the disputed matter shall be settled by arbitration in accordance with the laws of the State of New York, by three arbitrators, one of whom shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the selection of any arbitrator shall not be made within 30 days of the time that either party shall notify the other of the name of the arbitrator selected by the notifying party, then the arbitrator or arbitrators not selected shall be appointed in the manner provided by the laws of the State of New York.
9. Santa Clara does hereby covenant and agree to indemnify and keep indemnified and save harmless Waverly against claim for any loss, injury, death and/or damage and against any claim for compensation for which Waverly hereto may or shall be liable by reason of Santa Clara's snow removal and ice control services performed under this contract by Santa Clara.
10. Waverly does hereby covenant and agree to indemnify and keep indemnified and save harmless Santa Clara against claim for any loss, injury, death and/or damage and against any claim for compensation for which Santa Clara hereto may or shall be liable by reason of Waverly's snow removal and ice control services performed under this contract by Waverly.
11. The Supervisor of the Town of Santa Clara has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Santa Clara at a meeting thereof held on July 9, 2020.
12. Andrew McGill, Supervisor of Santa Clara, whose signature appears hereafter, is both duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of Santa Clara. This instrument shall be executed in duplicate and at least one copy thereof shall be permanently filed, after execution thereof, in the offices of the Town Clerk, Santa Clara, New York.
13. The Supervisor of the Town of Waverly has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Waverly at a meeting thereof held on _______________, 2020.
14. Chad Rivers, Supervisor of the Town of Waverly, whose signature appears hereafter, is both duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of the Town. This instrument shall be executed in duplicate and at least one copy thereof shall be permanently filed, after execution thereof, in the offices of the Town Clerk, Waverly, New York.
15. Any and all notices and payments required hereunder shall be addressed to the addresses set forth at the beginning of this agreement, unless a different address is specified, in writing.
16. 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 hi anywise 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 include the same.
17. This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties.
18. This Agreement shall be for a term of one year, said term to commence on October 1, 2020 and to end one year thereafter, more specifically on October 1, 2021. This contract shall remain hi effect thereafter until either party shall notify the other upon 30 days written notice of its intention to terminate this Agreement.
19. The Towns anticipate that they will review and adjust the price for the services to be provided not more frequently than annually.
IN WITNESS WHEREOF, the TOWN OF Santa Clara has caused its corporate seal to be affixed hereto and these presents to be signed by Andrew McGill, its Supervisor, duly authorized so to do, and to be attested to by Laurie A. McGill, Town Clerk, and the said TOWN OF Waverly has caused its corporate seal to be affixed hereto and these presents to be signed by Chad Rivers, its Supervisor, duly authorized so to do, and to be attested to by Deborah A. Fraser, Town Clerk, the day and year first above written.
ADOPTED Ayes 4 Webb, Perry, Lyon, McGill
Absent 1 Murray
Next Board Meeting will be August 13, 2020 at 6:30 P.M.
John LaHart inquired if Supervisor McGill had a response from the Town Attorney on the Dog Control Law regarding leashes. Supervisor McGill advised he had not received a response but would contact the attorney again. Scottie Adams stated that the Local Law needs to be more defined regarding "Under Control”. Pam P. inquired if she could still walk her dog off leash as long as it is under control. The local law has not been revised therefore it still stands as stated. Any issues with dogs need to be reported to the Tri Lakes Humane Society as they are the Town's dog control officer. The dog control officer cannot enforce any of the local law unless the complaint form is signed.
Connie Rockefeller presented a petition from the residents of Church Pond - We the undersigned respectfully request the Town Board of the Town of Santa Clara to investigate the issue of the fence at 11 Church Pond Road. It appears that this fence is in violation of the Town of Santa Clara Land Use Code Section 5.27 Walls and Fences Part B: "Shall comply with shoreline setback and is setback a minimum of 5 feet from property lines and road right of ways. This fence is not 5 feet from the ROW nor the sideline setback of a neighboring property, part of the fence being on the neighboring property. This situation is causing road maintenance issues affecting the safety and well being of the residents that use the ROW. Signed John LaHart, Ed and Ellen Gualtieri, Dave Wisniewski, Connie Rockefeller, Greg Smith, Beverly Stellges, Elizabeth Hall, Sue Patterson, Bob Stegemann, Susan St. Louis, Martha Erbalnd, Guy Middleton, Karen Graff, David Collins, Fred Brooks, Jean Brooks, Susan Storch.
Scottie Adams advised that the Planning Board spent time on the Land Use Code and it is not being enforced. Deputy Supervisor Mickey Webb advised that legal counsel advised, when this issue first came up several years ago, that there needs to be a survey done to prove the boundary lines and location of the private road. This will prove if the fence is not up to code. As for the fence being on the neighbor's property, this is a civil matter between the neighbor and the fence owner. Ed Gualtieri, a resident of the road, stated there is urgency to resolving this issue as emergency vehicles will have trouble accessing the road due to the location of the fence. Supervisor McGill will contact special counsel on the issue and speak with the Town's Code Enforcement Officer.
Greg Sullivan of Fish Creek Park (not part of the association) addressed the Board about temporary docks. Some of the temporary docks are located in a very hazardous area. Greg will speak with the Code Enforcement Officer also about the issue.
Scottie Adams addressed the Board about the dumping of articles on the side of the roads in the Town. One road in particular, County Route 46 is an issue. Supervisor McGill advised that he has already contacted the County Highway Superintendent about putting up signs for no dumping or free stuff.
Good of the Town
Scott LaMay Highway Superintendent reported the 2013 Volvo Dump Truck had to go to Watertown for repairs. The truck is back in service. Floodwood Road has been graded again along with 110 ton of gravel that was put down. Blue Mountain Road has been graded along with 120 ton of gravel put down. County Route 46 has had its first recommended mowing and the land fill has been mowed. Barrett Paving will blank top a stretch of the Bay Pond Road. Barrett will pave .8 tenths of a mile using CHIPS money at a cost of $88,288.00.
Rick Lyon asked when the front doors of the Town Hall would be fixed and the new door to the highway garage installed. Supervisor McGill advised he will contact the contractor and see where we are on his list to do the job.
Mickey Webb provided the Board with a document from the Town Attorney on the proper steps needed to sell the Town Highway Garage in the Hamlet.
General Fund vouchers No. 148 to 167 in the amount of $13,255.82 and Highway Fund vouchers No. 59 to 68 in the amount of $9,676.53 was audited by the Board. Motion by Mickey Webb seconded by Rick Lyon to approve vouchers and pay audited vouchers. All members voting Aye. Motion carried.
Motion to adjourn at 7:25 P.M. made by Dave Perry, seconded by Mickey Webb. All members voting Aye. Motion carried.