City Council

1 VILLAGE OF PORT DICKINSON Village Board Meeting Agenda October 10, 2023 6:00 pm Port Dickinson Village Hall Please take a moment to ensure that your cellphones are OFF or SILENCED. CALL TO ORDER PUBLIC HEARING: none APPROVAL OF MINUTES: September 12, 2023 meeting PUBLIC PARTICIPATION: TREASURER’S REPORT: AUDIT & PAYMENT OF CLAIMS #7 (2023-2024) 1. Abstract of Unaudited vouchers for the General Fund for $44,349.30 2. Abstract of Unaudited vouchers for the Water Fund for $1,453.84 3. Abstract of Unaudited vouchers for the Sewer Fund for $1,375.67 AUDIT & PAYMENT OF CLAIMS #8 (2023-2024) 1. Abstract of Unaudited vouchers for the General Fund for $ 2. Abstract of Unaudited vouchers for the Water Fund for $ 3. Abstract of Unaudited vouchers for the Sewer Fund for $ COMMUNICATIONS: • Certificate of Liability Insurance received from Sunco Holding Corp d/b/a Sonny Manny’s Auto Center TRUSTEE-COMMISSIONER REPORTS: Administration/Community Association – Robert Warholic, Trustee Public Works – Michael Cashman, Trustee Planning – none Public Safety – James DeGennaro, Trustee Parks, Water & Sewer – Robert Moss, Trustee Water/Sewer: Arrears as of 10/4/2023 - $4,560.73 (9 properties have received shutoff notices for 10/12/23) Zoning Board of Appeals – none  2 OLD BUSINESS: RESOLUTIONS FOR APPROVAL: 1. Resolution authorizing the Mayor to sign an agreement with Mari Giurastante for grant writing services. 2. Resolution approving the hiring of Christopher Bonanno and Charles Harford as part time Police Officers effective 10/11/2023 at a salary of $21/hour. NEW BUSINESS/DISCUSSION: ADJOURNMENT  3 CONSULTING CONTRACT This Agreement is made effective as of August 30, 2023, by and between the Village of Port Dickinson, at 786 Chenango Street Binghamton, NY 13905 and Giurastante Design and Planning, LLC., at 661 Chenango St., Binghamton, New York 13901. In this Agreement, the party who is contracting to receive services shall be referred to as "the Village", and the party who will be providing the services shall be referred to as "GDP ". GDP has a background in Grant Research, Writing and Management and is willing to provide services to the Village based on this background. The Village desires to have services provided by GDP. Therefore, the parties agree as follows: DESCRIPTION OF SERVICES. Beginning on August 30, 2023, GDP will provide the following services (collectively, the "Services"): GRANT WRITING. Research, write, and secure new funding for the Village. Prepare reports as needed. Establish necessary partnerships with appropriate agencies for a successful application. PROJECT MANAGEMENT. Engage with grant applications and manage programs from funding through close-out or any other grants assigned by the Village. Tasks associated with project management includes, but is not limited to creating organizational systems, financial management, communications between funding entity, fielding program questions, and submitting state monitoring paperwork. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by Professional Services shall be determined by GDP with direction through the Mayor’s office. The Village will rely on GDP to work as many hours as may be reasonably necessary to fulfill GDP’s obligations under this Agreement. All tasks performed will be authorized by and all hours invoiced will be approved by the Village Board. PAYMENT. The Village will pay a fee to Giurastante DPM, LLC for the services to develop and research grant opportunities based on an hourly rate of $55 with additional flat rate fees negotiated per formal grant application on an as needed basis. This fee shall be payable monthly upon invoice submitted by GDP. TERM/TERMINATION. This Agreement is for one year and may be terminated by either party upon 30 days written notice to the other party. RELATIONSHIP OF PARTIES. It is understood by the parties that GDP is an independent contractor with respect to the Village and not an employee of the Village. The Village will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of GDP. DISCLOSURE. GDP is required to disclose any outside activities or interests that may conflict with the best interests of the Village. Prompt disclosure is required. INDEMNIFICATION. GDP agrees to indemnify and hold harmless the Village from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Village that result from the acts or omissions of GDP, GDP employees, if any, and GDP agents. the Village agrees to indemnify and hold harmless GDP from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against GDP that result from the acts or omissions of the Village, the Village’s employees, if any, and the Village’s agents. CONFIDENTIALITY. GDP recognizes that the Village has and will have future plans, business affairs, process information, technical information, and other proprietary information (collectively, "Information") which are valuable, special and unique assets of  4 the Village and need to be protected from improper disclosure. In consideration for the disclosure of the Information, GDP agrees that it will not at any time or in any manner, either directly or indirectly, use any Information for GDP’s own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of the Village. GDP will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that GDP has disclosed (or has threatened to disclose) Information in violation of this Agreement, the Village shall be entitled to an injunction to restrain GDP from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. The Village shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages. CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement. RETURN OF RECORDS. Upon termination of this Agreement, GDP shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in its possession or under its control that are the Village’s property or relate to the Village's business. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: IF for the Village of Port Dickinson: Kevin M. Burke, Mayor 786 Chenango Street Binghamton, New York 13901 IF for Giurastante Design and Planning, LLC: Giurastante Design and Planning, LLC 661 Chenango Street Binghamton, New York 13901 Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of New York. INTERRUPTION OF SERVICE. Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, laws proclamations, edits, ordinances or regulations, strikes, lock-outs or other serious labor disputes, riots,  5 earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day- to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties' respective obligations hereunder shall resume. In the event the interruption of the excused party's obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this Agreement upon ten (10) days' prior written notice to the other party. ASSIGNMENT. GDP agrees that it will not assign, sell, transfer, delegate or otherwise dispose of any rights or obligations under this Agreement without the prior written consent of the Village. Any purported assignment, transfer, or delegation shall be null and void. Nothing in this Agreement shall prevent the consolidation of the Village with, or its merger into, any other corporation, or the sale by the Village of all or substantially all of its properties or assets, or the assignment by the Village of this Agreement and the performance of its obligations hereunder to any successor in interest or any Affiliated Company. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns, and shall not benefit any person or entity other than those enumerated above. SIGNATORIES. This Agreement shall be signed on behalf of the Village of Port Dickinson and Giurastante Design and Planning, LLC and effective as of the date first above written. Party receiving services: Village of Port Dickinson By: ________________________________________ Kevin M. Burke, Mayor for Village of Port Dickinson Date: ________________ Party providing services: Giurastante Design and Planning, LLC By: ________________________________________ Date: _______________ Mari Giurastante, Owner  6 Village Water Consumption for : Sep-23 Read dates: Binghamton meter Fenton Large Fenton Small 10/3/2023 6223 36813058 7406572 8/31/2023 6223 36563810 7286785 Usage 0 249248 119787 Total cubic ft: 362035 __________________________________________________________________________________ Read dates: Town of Fenton Sewer Readings 10/3/2023 53695500 8/31/2023 53625500 Total 70000 cu. ft. __________________________________________________________________________________ Read dates: Wayne Ave. sewer station readings (hours): Pump1 Pump 2 Pump 3 10/3/2023 6903 19961 17915 8/31/2023 6875 19933 17891 Totals 28 28 24 Total hrs. 80  7 The Village of Port Dickinson Department of Police Scot McDonald, Chief of Police Police Department Monthly Report Report Month: September Police Commissioner: Trustee J. DeGennaro Report Year: 2023 Chief: Scot McDonald Report Date: 10/03/2023 Deputy Village Clerk: Corina M. Beames Total Complaints Received:51 (67) Med calls-2 MVA(PD)-1 Person annoying-2 MVA(injury)-2 V&T arrest -1 Court (OOP)-1 Vehicle theft-1 Check welfare-6 Criminal Mischief-1 Harassment-1 PDFD-6 Building checks-1 Mental health-2 Suspicious-2 Assistance rendered-3 Civil matter-1 DV-2 Miscellaneous-16*Includes Assist other agencies, Lockouts, Alarms, Alternate street Parking warnings and tickets., Animals, Traffic lights, Information, code enforcement, special details, vacant properties , and Etc. 492 mileage:09/01-09/30:1,452 491 mileage:  8 Report of the ALARMS RESPONSE TIMES CHIEF Fire 12 Avg Members Response (F) 3 Med Avg 1 September 2023 EMS 1 Avg Alarm to Response 5.22 0700-1500 5 Avg Alarm to Arrival 7.66 1500-2300 8 Total 13 Total Time in Service (hh:mm) 8:30 2300-0700 MUTUAL AID LOCATION DOLLAR LOSS/VALUE Given 6 Village of Port Dickinson 7 Fire Loss Received 3 Town of Dickinson 1 Property Engine 94 Town of Fenton 4 Saved No Tone Town of Chenango Town of Kirkwood City of Binghamton 1 Alarms Other CASUALTIES YTD Fire Service Injured 0 Fire Service Death 0 Civilian Injured 0 Civilian Death 0 CODE DESCRIPTION YTD CODE DESCRIPTION YTD 111 Building Fire 1 2 440 Electrical/Wiring Problem 1 3 114 Chimney Fire 444 Power Line Down 131 Passenger Vehicle fire 4441 Phone/Cable Line Down 2 142 Brush Fire 3 445 Arcing electrical equipment 1 150 Outside Rubbish Fire 520 Water Problem, other 1 2 212 Overpressure Steam Boiler 550 Public Service Assistance 1 311 Medical Assist, Assist EMS 1 571 Standby/Moveup 2 3 EMS Incident, No Dispatched, Canceled 3001 26 611 1 19 Response enroute Smoke Scare, Odor of 321 EMS Incident, Except MVA 1 10 651 3 Smoke False Call, False Alarm, 322 MVA w/ Injury 1 5 700 Other 323 Vehicle vs Ped Accident 714 False Alarm - Malicious Alarm Activation - 324 MVA w/out Injuries 735 1 2 Malfunction 350 Rescue/Extrication, other 745 Alarm Activation - Unintentional 4 19  9 355 Confined Space Rescue 746 CO Alarm Activation, No CO 1 4001 Tree down, no wires 1 800 Severe Weather, other 412 Gas Leak (NG or LPG) 813 Windstorm Assessment 4121 Gas Leak, no leak found 1 424 Carbon Monoxide Incident 3 TOTAL 13 108 Report of the Chief September 2023 Training Average Total SUMMARY Hours Members Man Offered Present Hours September 9 4.5 28 YTD Totals 61 5.73 412 Non Department 35 Training YTD 45 TRAINING Training Total Hours Members Man Wk Date Lesson Offered Present Hours 9/11/2023 Monthly Meeting 7 9/18/2023 SCBA Search Techniques 2 3 6 9/25/2023 PR Event - Ice Cream Trailer 2 6 12 9/26/2023 PR Event - Ice Cream Trailer 5 2 10