Town of Concord Town Board Meeting s3

TOWN OF CONCORD TOWN BOARD MEETING February 10, 2011 7:00 p.m.

MEETING CALLED TO ORDER BY GARY A. EPPOLITO, SUPERVISOR.

PRESENT: GARY A. EPPOLITO, SUPERVISOR JAMES M. KREZMIEN, COUNCILMAN WILLIAM F. SNYDER, III, COUNCILMAN PAUL F. SALZLER, COUNCILMAN DEBORAH A. KING, COUNCILWOMAN

ALSO PRESENT: M. BETH BOLT, TOWN CLERK DENNIS M. DAINS, HWY SUPT MICHAEL BARONE, TOWN ATTN

GEORGE DONHAUSER CAROLYN ROBINSON ROBIN SION LARRY KELLY GEORGE & JOYCE DEWALD KEVIN & NICOLE KEEL CARL & JUDY KEELE DONNA KRZES GLENN,KATHLEEN & KATIE LAWRENCE RICHARD & SALLY ZEMRUS KEN ROTHENBURG ELISE ABLE JESSIE & DREW PAYNE ANDREW BAZINET (CROWN CASTLE) SUSAN BRADY ELLIOTT HALL PATRICK G. MORAN DON SHELTERS PETER MUELLER HAROLD WINTER PAUL & LAURIE TOKARSKY STEVE TAYLOR DAVE SION BRIAN EMERLING JASON ENGEL JEANINE SABUDA

INVOCATION DELIVERED BY TOWN CLERK BOLT.

PLEDGE TO THE FLAG LED BY SUPERVISOR EPPOLITO.

ITEM #1. CONCERNED GROUP ON DRILLING TO ADDRESS THE BOARD.

Supervisor Eppolito informed those present that they would be allowed to speak for a certain amount of time. Ms. Elise Able spoke first. She was representing a large group of concerned citizens that are concerned about the quality of the water with hydraulic fracking that was taking place within the town. She presented a handout to the supervisor obtained from the DEC. It listed the type of chemicals that were being used to frackure the wells. They are not concerned about the gas drilling, but the chemicals being used. They are formulas and she stated some of them. Ms. Able was asking the town for help with this. She had a picture of a fracking pit which she presented to the supervisor. She has seen deer and turkey drinking from this pit. Councilman Salzler asked if the DEC had been contacted about this pit. Ms. Able stated no. She stated that the DEC was supposed to be there every day checking it. Councilman Salzler felt that they should be notified. Mrs. Kathy Lawrence addressed the Board. She is concerned about her water. The texture of the water has changed; it felt like alcohol when taking a shower. It changes and they are no longer drinking the water. Her financial situation is not good enough to have the water tested. She is trying to have this done. Would there be any help for them? Mrs. Laurie Tokarsky stated that their water has been tested. She has had foam and dirt in their water and it has been cloudy. They have retained an attorney. She February 10, 2011 has been sick and also her cat. She does not know if it is related to her water. Councilman Salzler asked her how close her well was to the fracking. Mrs. Tokarsky stated supposedly 1.7 miles away. Their well is 125 ft. deep. Mr. Don Shelters presented a CD on a documentary on this. Anyone was welcome to a copy. The gentlemen who had produced the CD would be coming to Buffalo in the coming months. The City of Buffalo has just put a ban on this and on waste water. Discussion. He feels that it is very important to the community to look into this. In Pennsylvania, they cannot drink the water. He wanted the Board to review a ban on fracking and will provide information to them when it becomes available. Mr. George DeWald asked if contact had been made with the DEC on this by the Board. Supervisor Eppolito stated that he had. Mr. DeWald felt that the Board should be pro-active. Tn Attn Barone stated that the Board wanted to educate themselves on all the information. Supervisor Eppolito had spoken with Senator Gallivan’s office and he is sensitive to this. The state has to do this. Mr. DeWald asked if they had made any recommendations to look into a moratorium. Supervisor Eppolito stated no. The only moratorium by the state is on horizontal hydrofracking. He said that there is a bill that needs to be reintroduced on this (A11347). This bill was endorsed by the Adirondack Club. (Supervisor Eppolito read some parts of this bill to those present.) The state has to get on this more than the town. Councilman Snyder stated that there are a lot of misconceptions being discussed. He noted a website that could be looked at for further information. Ms. Able noted another website to look at, too. Councilman Snyder stated that every well that is drilled is fracked. Horizontal drilling is not happening in the Town of Concord. That cannot be done in New York State. They have been using hydrofracking chemicals since the late 1940’s. It is standard for drilling. They use 95% sand and 5% chemicals. We all need gas. Mr. Carl Keel stated that 5% of 1,000,000 is 5,000 gallons. Mrs. Keel asked where Councilman Snyder got his information. Councilman Snyder stated that he works for National Fuel. Mr. Gerald Krzemien stated that not everybody needs gas, but we do need water and air. Mr. Shelters stated that the permit from the DEC states that 1,000 gallons of this toxic chemical is going into one well. There are 3 wells in that area, that is 3,000 gallons plus all the other chemicals going in there. There is open frack pits going into the water in Springville. That is dangerous and not drinkable. Supervisor Eppolito thanked everyone for coming.

ITEM #2. APPROVAL OF MINUTES

a) Public Hearing re: T-Mobile Co-Location – 1/6/2011. Motion by Councilman Krezmien, seconded by Councilwoman King, to approve the minutes as presented. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried. b) Organizational Meeting – 1/6/2011. Motion by Councilman Krezmien, seconded by Councilwoman King, to approve the minutes as presented. Councilwoman King, Councilmen Krezmien, Salzler & Snyder, Supervisor Eppolito, voting aye. Carried. c) Town Board Meeting-1/6/2011 – Motion by Councilman Krezmien, seconded by Councilwoman King, to approve the minutes as presented. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried. d) Bid Opening re: Truck Cab & Chassis-1/24/2011 – Motion by Councilman Krezmien, seconded by Councilwoman King, to approve the minutes as presented. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried. e) Bid Opening re: Dump Sander Body, Plow & Extended Wing -1/24/2011 – Motion by Councilman Krezmien, seconded by Councilwoman King, to approve the minutes as presented. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried. February 10, 2011

ITEM #3. PUBLIC COMMENT

No one wished to address the Board. Motion by Councilman Salzler, seconded by Councilman Snyder, to close Public Comment. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried.

ITEM #4. MONTHLY REPORTS

Motion by Councilman Krezmien, seconded by Councilman Salzler, to approve the Monthly Reports, Items a-g. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito voting aye. Carried.

a) Code Enforcement Officer/Building Inspector Report b) Dog Control Officer - DCO Robinson asked that the dog census notice be published. Town Clerk Bolt will do. c) Nutrition Site Coordinator d) Judge Gibbin – December 2010 e) Judge Frank - December 2010 f) Judge Frank – 2010 Yearly Report g) Supervisor’s Report – December 2010

h) Fire Department - Chief Dains did not have a report for the Board.

i) Highway Superintendent Report. Hwy Supt Dains read his filed report. 1) Supt. Dains asked the clerk to publish for the college student work program. Motion by Councilman Krezmien, seconded by Councilman Salzler, to direct the town clerk to publish the ad for the college student summer work program. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito voting aye. Carried. 2) Supt. Dains asked the Board for permission to purchase from the village a 2000 Ford F750 chassis and 42 foot aerial bucket truck for $22,500 through an intermunicipal purchase offer with the Village of Springville. Councilman Krezmien moved the adoption of resolution 6, seconded by Councilman Salzler:

RESOLVED, That the Town Board of the Town of Concord authorizes the Highway Superintendent to purchase a 2000 Ford F750 chassis and 42 foot bucket truck for $22,500 from the Village of Springville through an intermunicipal purchase offer, and

BE IT FURTHER RESOLVED, That the monies are to be taken from the Highway Equipment Reserve Fund.

Voting as follows: Councilwoman King Aye Councilman Krezmien Aye Councilman Salzler Aye Councilman Snyder Nay Supervisor Eppolito Aye 3) Truck Bids –Bids had been opened on January 24, 2011. They were as follows: Kenworth of Buffalo, NY, Inc. - $112,665.00 Buffalo Truck Center, Inc. - $110,659.00 Hunter Buffalo PeterBilt, LLC - $111,392.00

All bids included a signed non-collusion statement. February 10, 2011

Motion by Councilman Krezmien, seconded by Councilman Snyder, to award the bid to Hunter Buffalo PeterBilt, LLC in the amount of $111,392.00, as recommended by the highway superintendent. The lowest bidder, Buffalo Truck Center, Inc. did not meet all the specifications. There were 20 deviations noted on their bid. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito voting aye. Carried. 4) Plow and Dump Body Bids – Bids had been opened on January 24, 2011. They were as follows: Valley Fab & Equipment, Inc. - $77,716.00 Viking-Cives of WNY - $79,500.00 Cyncon Equipment, Inc. - $82,565.00

All bids included a signed non-collusion statement.

Motion by Councilman Krezmien, seconded by Councilwoman King, to award the bid to Viking-Cives of WNY for a total of $79,500, as recommended by the highway superintendent. The lowest bidder, Valley Fab & Equipment, did not meet the specifications as 6 of the specs were not marked. This left the bid incomplete. Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito voting aye. Carried. Mr. Donhauser asked if these bids came in under the budgeted amount. Supt. Dains stated that they did. 5) Supt. Dains asked for Board permission to attend Advocacy Days in March for the CHIPS lobby. Most of the expenses are paid by the County Highway Superintendents Association. Motion by Councilman Snyder, seconded by Councilwoman King, to grant permission to the Highway Superintendent to attend Advocacy Days in Albany in March. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito voting aye. Carried. 6) Supt. Dains informed the Board that the County has come asking to turn over County roads back to the Town due to the 219 construction. They presented an initial proposal at a meeting with him and the supervisor. Before anything else is done, the town engineer would be requested to look over the roads and have his approval. Mr. Donhauser asked if the County would agree to pay for the engineer? Supervisor Eppolito did not think so. He felt that this would have to be done to protect the town. Supt. Dains felt that this would be a good suggestion to bring to the County. Mr. DeWald asked if the roads would be brought up to town specifications. Supervisor Eppolito noted that this started when Joel Giambra was the county executive. There is really no justification to being County roads. Somehow this was done but no town would take over the roads without them being up to specs. Mr. DeWald noted that their roads are not in good condition. This had already been brought up to the County. Supervisor Eppolito noted that any complaints he receives, are on County roads. If any are town roads, just notifying Supt. Dains gets it corrected. He wanted to compliment the town highway department! Motion by Councilman Krezmien, seconded by Councilman Snyder, to receive and file the superintendent’s report. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito voting aye. Carried.

Supervisor Eppolito informed those present that regardless to what you hear on the state budget, the town does not rely heavily on state monies to operate. Just CHIPS monies. It affects the schools more.

ITEM 5. NEW BUSINESS

a) Audit of the Bills. Supervisor Eppolito stated that these bills were audited by Councilwoman King, and reviewed by the Board.

General Fund A, abstract 14, bills 1507-1528 General Fund A, abstract 2, bills 40-123 General Fund B, abstract 14, bill 1529 General Fund B, abstract 2, bills 124-128 Library Fund, abstract 14, bill 1530 February 10, 2011

Library Fund, abstract 2, bills 129-133 Fire Protection, abstract 2, bill 134 Joint Van, abstract !4, bill 1531 Joint Van, abstract 2, bills 135-136 Joint Youth, abstract 14, bills 1532-1533 Joint Youth, abstract 2, bill 137 Craneridge Lighting, abstract 14, bill 1534 Craneridge Sewer, abstract 14, bills 1535-1541 Craneridge Sewer, abstract 2, bills 138-142 Highway DA, abstract 2, None Highway DB, abstract 14, bills 1542-1548 Highway DB, abstract 2, bills 143-165 Kissing Bridge Water, abstract 2, bill 166 Kissing Bridge Sewer, abstract 2, bills 167-168 Trevett Rd. Water, abstract 2, bill 169 Trust & Agency, abstract 2, bills 170-174 Capital, abstract 2, NONE

Motion made by Councilwoman King, seconded by Councilman Krezmien, to approve the bills as presented. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried.

b) Assessor Position – There had been much discussion during the public hearing. It was decided to table any action for further review. Motion by Councilwoman King, seconded by Councilman Salzler, to table any action on the proposed local law to eliminate an elected assessor and have an appointed one. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito voting aye. Carried.

c) Corrected Resolution for NYS Retirement System - The supervisor’s office had received notification that the Standard Work Day and Reporting Resolution for the NYS retirement system was incorrect. His secretary had listed an amount of days worked for the Supt. Dains but he has been keeping a record of his time. If that is done, there should be no amount of days or time placed in the last column. A new resolution was needed to be adopted. Councilman Krezmien moved the adoption of Resolution 7, seconded by Councilman Salzler:

STANDARD WORK DAY AND REPORTING RESOLUTION

BE IT RESOLVED, that the Town of Concord hereby establishes the following as standard work days for elected and appointed officials and report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of this body:

ELECTED OFFICIALS:

Councilman James M. Krezmien SS#1120 Reg No 34346551, Standard Day 6, Term 01/01/10-12/31/13, Time Keeping No, Day/Month 3.14

Town Justice Leslie J. Gibbin SS#7495 Reg No 41742833, Standard Day 6, Term 01/01/10-12/31/13, Time Keeping No, Day/Month 5.20

Hwy Superintendent Dennis M. Dains SS#3163 Reg No 38000964, Standard Day 6, Term 01/01/10-12/31/13, Time Keeping Yes, Day/Month 20

Town Clerk Mary E. Bolt SS5320 Reg. No. 20303178, Standard Day 6, Term 01/01/10-12/31/2013, Time Keeping Yes, Day/Month 20 February 10, 2011

Voting as follows: Councilwoman King Aye Councilman Krezmien Aye Councilman Salzler Aye Councilman Snyder Aye Supervisor Eppolito Aye

d) 2011 Junk Yard Permits – Motion by Councilman Krezmien, seconded by Councilwoman King, to approve the following junkyard permits, as recommended by the Planning Board

1. Mary Ann Jordan 2. Southern Tier Auto Center 3. Arthur P. King Auto Parts 4. Ronald Miller

Motion by Councilman Snyder, seconded by Councilman Salzler, to approve the 2011 Junk Yard Permits 1-4 above. Councilwoman King, Councilmen Krezmien, Salzler and Snyder, Supervisor Eppolito voting aye. Carried

e) 2011 Mining Permits – Tn. Attn. Barone had been asked to review Triple R Properties and Zylinski pits. DEC had no record of these two pits. Mr. Donhauser noted that he had discovered that Schreiber & Winkelman were no longer on the map. They had filed their permit and it was renewed. He thought that maybe the names have been changed so the DEC may not be aware of this. Tn. Attn. Barone had also reviewed, as requested by the Planning Board, to see who owns the Zylinski pit. Mr. Donhauser had seen it had been sold at a Sheriff’s sale in November. Mrs. Zylinski did file for a renewal of their permit. Why would she renew this if she did not own it. There is also back taxes on this property. Should this be renewed? Tn. Attn. Barone stated that the town can put conditions on a special use permit and they could state that all property taxes are paid before approval of a permit. Tn. Attn. Barone had also reviewed the Wendel (Cold Springs Construction) pit. It is being reclaimed. Does it still require a permit renewal? The DEC takes the position that even being reclaimed, a permit should still be issued, until reclamation is completed. This is what the Planning Board felt should be done. Discussion on property taxes being current and paid before approval is granted. Motion by Councilman Salzler, seconded by Councilwoman King, to approve the following mining permits, as recommended by the Planning Board, and contingent upon all property taxes being current and paid. Supervisor Eppolito informed those present that the town does not lose tax dollars because the Town is paid what it needs by the County at tax collection time and it is the County’s responsibility to collect the delinquent taxes. 1. McEwan Trucking 2. Schreiber & Winkelman 3. Zylinski Pit 4. McCarthy Pit 5. Gernatt Asphalt Products DeWald Mine Vaughn – Middle Road Mine Zylinski Clay Mine 6. Sarcon Farms (Michael Hannon) 7. Triple R Properties 8. Waterman’s Gravel 9. Cold Spring Construction Hofmann South Sharp Street Pit

Councilwoman King, Councilmen Krezmien, Salzler and Snyder, Supervisor Eppolito voting aye. Carried February 10, 2011

f) 2010 Appropriation Changes – Motion by Councilman Krezmien, seconded by Councilman Salzler, to approve the following appropriations changes:

1. To increase line A1000.2 Justice Equipment by $3,977.46 to be funded by the NYS Grant, the entry would be: Debit to A3089 State Grant for $3,977.46 Credit to A1110.2 Justice Equipment

2. Transfer of $457.94 from A1110.47 Justice Travel to A1110.2 Justice Equipment

3. Transfer of $1,700.00 from A1110.40 Justice Supplies to A1110.1 Justice Personal Services

4. Transfer of $46.00 from A1110.47 Justice Travel to A1110.1 Justice Personal Services

5. Transfer of $300.00 from A1220.2 Supervisor Equipment to A1220.40 Supervisor Supplies

6. Transfer of $16.00 from A1355.2 Assessment Equipment to A1335.1 Assessment Personal Services

7. Transfer of $1,100.00 from A1355.2 Assessment Equipment to A1335.44 Assessment Appraisals

8. Transfer of $1,300.00 from A1410.1 Town Clerk Personal Services to A1410.40 Town Clerk Supplies

9. Transfer of $18.00 from A1410.2 Town Clerk Equipment to A1410.41 Town Clerk Advertising

10. Transfer of $75.00 from A1410.43 Town Clerk Maintenance Contracts to A1410.49 Town Clerk Miscellaneous

11. Transfer of $660.00 from A1989.41 Postage to A1620.44 Library Maintenance

12. Transfer of $7,200.00 from A1910.4 Unallocated Insurance to A1420.41 Law Special Legal Counsel

13. Transfer of $6,000.00 from A1990.4 Contingent to A1440.4 Engineer

14. Transfer of $3,500.00 from A1620.41 Buildings Heat & Lights to A1620.1 Buildings Personal Services

15. Transfer of $54,000.00 from the following list to A1620.21 Buildings Roofs

a. $500.00 from A1010.47 Councilman Travel b. $1,500.00 from A1220.1 Supervisor Personal Services c. $3,500.00 from A1355.2 Assessment Equipment d. $4,000.00 from A1620.41Buildings Heat & Light e. $1,050.00 from A1620.42 Buildings Maintenance f. $3,000.00 from A1910.4 Unallocated Insurance g. $3,400.00 from A1989.4 Grant Writer/Web Site h. $2,500.00 from A1989.42 Telephone I. $8,500.00 from A1990.4 Contingent j. $4,000.00 from A5132.41Garage Utilities k. $1,000.00 from A5182.4 Street Lighting l. $2,000.00 from A7110.1 Town Park Personal Services m. $1,500.00 from A7110.2 Town Park Equipment n. $800.00 from A7110.41Town Park Utilities February 10, 2011

o. $750.00 from A7510.2 Historian Computer Equipment p. $1,000.00 from A8810.49 Cemeteries Miscellaneous q. $4,000.00 from A9010.8 State Retirement r. $11,000.00 from A9040.8 Workers Compensation

16. Transfer of $1,000.00 from A1620.2 Buildings Equipment to A1620.40 Buildings Janitorial Supplies

17. Transfer of $900.00 from A1620.41 Buildings Heat & Lights to A1620.43 Buildings Elevator

18. Transfer of $900.00 from A1620.41 Buildings Heat & Lights to A1620.49 Buildings Miscellaneous

19. Transfer of $10,000.00 from A1910.4 Unallocated Insurance to A1940.0 Purchase of Land

20. Transfer of $90.00 from A3510.41 Control of Dogs Animal Care to A3510.47 Control of Dogs Travel

21. Transfer of $200.00 from A5010.47 Highway Admin. Physicals to A5010.1 Highway Admin. Personal Services

22. Transfer of $206.00 from A5010.47 Highway Admin. Physicals to A5010.2 Highway Admin. Computer

23. Transfer of $1,500.00 from A5132.41 Garage Utilities to A5132.40 Garage Supplies

24. Transfer of $415.00 from A5132.42 Garage Communications to A5132.49 Garage Miscellaneous

25. Transfer of $75.00 from A7110.41Town Park Utilities to A7110.40 Town Park Supplies

26. Transfer of $1,000.00 from A7110.41Town Park Utilities to A7110.49 Town Park Miscellaneous

27. Transfer of $400.00 from A9040.8 Workers Compensation to A9060.8 Hospital & Medical Insurance

28. Transfer of $280.00 from B8010.1 Zoning Personal Services to B8010.2 Zoning Equipment

29. Transfer of $3,500.00 from B1989.4 Grant Writer to B8035.48 Scenic Byways

30. Transfer of $2,500.00 from B1989.4 Grant Writer to B8810.49 Cemetery Outside Village

31. Transfer of $200.00 from L7410.49 Library Miscellaneous to L7410.42 Library Electric Bills

32. Transfer of $2.00 from SF3410.46 Fire Protection Service Awards to SF3410.45 Fire Protection Fire Company Expenses

33. Transfer of $1,810.00 from JV6772.41 Van Gas & Oil to JV6772.1 Van Personal Services

34. Transfer of $125.00 from JV6772.41 Van Gas & Oil to JV6772.49 Van Miscellaneous February 10, 2011

35. Transfer of $295.58 from JV6772.42 Van Repairs to JV9030.8 Van Social Security

36. Transfer of $12,102.15 from JY7310.1 Youth Programs Personal Services to JY7310.41 Youth Programs Special Programs

37. Transfer of $1,280.06 from JY9030.8 Youth Social Security to JY7310.41 Youth Programs Special Programs

38. Transfer of $8,000.00 from DB1990.4 Contingent to DB5110.1 General Repairs Personal Services

39. Transfer of $46.00 from DB5110.41 General Repairs Fuel to DB5110.42 General Repairs Chips

40. Transfer of $4,400.00 from DB1990.4 Contingent to DB5110.49 General Repairs Town Hwys.

41. Transfer of $3,400.00 from DB1990.4 Contingent to DB5130.49 Machinery Equipment Repairs

42. Transfer of $12,220.00 from DB1990.4 Contingent to DB5142.49 Snow Removal Sand & Salt Town Hwys.

43. Transfer of $16,700.00 from DB1990.4 Contingent to DB5148.49 Snow Removal Sand & Salt County Roads

44. Transfer of $460.00 from SS1-8130.40 Craneridge Sewer Supplies to SS1-8130.44 Craneridge Sewer Electric

45. Transfer of $231.00 from SS1-8130.46 Craneridge Sewer Sludge Removal to SS1- 8130.48 Craneridge Sewer Prof. Services

46. Transfer of $283.00 from SS1-8130.46 Craneridge Sewer Sludge Removal to SS1- 8130.49 Craneridge Sewer Miscellaneous

47. Transfer of $1.00 from SS1-9710.7 Bond Interest Payment to SS1-9710.6 Bond Principal Payment

48. Due to the repairs at Kissing Bridge Sewer, we need to increase the appropriation line SS2-8110.49 by $7,900.00 The entry is Debit to SS2-599 Unreserved Fund Balance Credit to SS2-8110.49 KB Sewer Miscellaneous

Councilwoman King, Councilmen Krezmien, Salzler and Snyder, Supervisor Eppolito voting aye. Carried.

g) Perkins Trailer Park Permit – Town Clerk Bolt had received the fee for the Perkins Trailer Park Permit. She had received notice from the CEO Atkinson that he had inspected the property and found no violations. Motion by Councilman Salzler, seconded by Councilman Snyder, to approve the Perkins Trailer Park Permit. Councilwoman King, Councilmen Krezmien, Salzler and Snyder, Supervisor Eppolito voting aye. Carried Clerk Bolt noted that she has not received the fee for the North Street Trailer Park. She asked what to do. Supervisor Eppolito stated that she should keep trying and the permit will not be granted until paid.

h) Town Clerk Bolt stated that the Assoc of Erie County Governments had passed a resolution opposing the $1.00 surcharge on spayed/neutered dogs. Did this Board want to also adopt this. Supervisor Eppolito wanted to check on this again before adopting this. February 10, 2011

i) Trevett Road Speed Limit Reduction – Supt. Dains noted that he had received notice that the speed limit would be reduced to 45 mph on Trevett Road. DCO Robinson thanked the Board for all the work done to accomplish this.

ITEM # 6. OLD BUSINESS

a) Crown Castle Special Use Permit – Supervisor Eppolito noted that we had already held the public hearing. Legal advice had been obtained. Councilman Krezmien moved the adoption of Resolution 8, seconded by Councilman Snyder:

WHEREAS, The Town of Concord is asked to approve the application for a special use permit for the construction of a new cell tower on the property located at 7607 Genesee Road, Town of Concord, New York, and WHEREAS, An application was received by the Town of Concord for said tower on or about October 19, 2010 and was accompanied by a permit fee of $1,500.00 paid by Crown Castle for the issuance of said special use permit, and WHEREAS, A public hearing was held by order of this Town Board on December 9, 2010 at 6:30 p.m. in the Concord Town Hall, as is required by law, and WHEREAS, Engineering opinions were duly rendered to the Town by Mark D. Alianello, P.E., the Town’s consulting engineer, which reports were dated November 2, 2010 and December 6, 2010, and WHEREAS, Said reports recommended that the tower complied with state environmental laws and generally complied with the provisions contained in Section 137 of the Town law regarding telecommunication facilities; said report deferred to the opinion of Town Attorney Barone as to whether the Town should waive any increase in a tower fall zone, and WHEREAS, Special counsel, Daniel A. Spitzer, Esq., rendered an opinion at the request of Town Attorney Barone and the Town Board dated February 7, 2011, recommending that a fall zone waiver would be justified, and recommending that pursuant to Section 137-9 of the Town Code [A.D.] the tower would not violate any setback requirements as to adjacent property owners, and WHEREAS, The Town Board hereby issues a negative declaration as to the environmental impact of said project on the surrounding environment in the Town of Concord based on the representations of Crown Castle in the various communications to and from the Town of Concord and based on the opinion of consulting engineer Alianello

NOW, THEREFORE BE IT

RESOLVED, That the Town Board of the Town of Concord authorizes the issuance use of a Special Use Permit for the construction of a cell tower on the property located at 7607 Genesee Road in the Town of Concord, New York.

Voting as follows: Councilwoman King Aye Councilman Krezmien Aye Councilman Salzler Nay Councilman Snyder Aye Supervisor Eppolito Aye

Mr. Donhauser asked if Crown Castle had paid the engineer fees. Supervisor Eppolito stated that they will. Mr. Bazinet, rep for Crown Castle, was in attendance and stated that they will pay that fee. The Board thanked him.

ITEM #7. CONSENT AGENDA

a) Southtowns Meals on Wheels Minutes 1/18/11 b) Concord Crest Golf Course Liquor License c) Justice Court Fund Ranking Reports February 10, 2011

d) WNY Dairy/Agricultural Festival Minutes 1/11/11 e) Control Center Minutes

Motion made by Councilman Salzler, seconded by Councilman Krezmien, to accept the Consent Agenda, Item a-e. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito voting aye. Carried.

ITEM #8. EXECUTIVE SESSION

None was required.

ITEM #9. COUNCILMAN NOTES

a) Councilman Snyder was asked by the Library Board to have the gas company to check their pressure. The company said that it was fine. They did adjust it and hopefully, this will solve the problem. Supervisor Eppolito noted expenses lately for the Library.

b) Supervisor Eppolito wanted to thank the highway department for all their hard work. They have plowed 29 out of 31 days.

c) Supervisor Eppolito informed the Board that Luke Moretti was in Springville reporting on the 219 bridge being closed and he had spoken with some of the businesses in the area. It would be aired on Tuesday.

d) Supervisor Eppolito informed the Board that he has a meeting tomorrow with the Water Quality committee in Elma. Water quality has been a big issue and this committee is working on it. Concord is one of the founders of this committee.

e) Supervisor Eppolito informed the Board on a meeting on February 24th at the Town Hall held by the hospital letting everyone know the services that are available at the hospital.

f) Supervisor Eppolito noted that Erie County Environment & Planning is going to hold a DEA unused prescription drop-off. It will be Saturday, April 30. He was not sure if it would be here or at the hospital.

g) Supervisor Eppolito informed the Board that SCENe held a seminar on first aid and emergency sponsored by the Red Cross. It was mentioned there that a senior center was asked for. The land purchase discussed for a new town hall is moving along slowly. Maybe it would be for a senior center. Another bond resolution (BAN) would be required because the location had changed. Councilman Snyder questioned that we were purchasing the land for a town hall, now a senior center was being discussed. He did not feel that it was time to build now. With economy the way it is now, he felt that residents would not go for it. Supervisor Eppolito stated that there may be grant money for a senior center, not a town hall. Councilwoman King asked if there would be a committee meeting to let everyone know what is happening. Supervisor Eppolito stated that he wanted to work on the funding and Councilman Salzler and she could work on the building with the rest of the committee. There are still some issues with the closing on the land. He felt that money could be borrowed cheaply now. This would not affect the tax rate. Possibly CDBG monies could be used as we have not received a grant for several years. He felt that all the seniors’ services should be located in one place. Councilwoman King stated that a survey had just been done and we were one of the communities that were in need. Councilman Snyder felt that it was not government’s job to build a senior center. He would be happy to but did not know if it was government’s responsibility. Councilwoman King stated that maybe it could be a joint effort. Supervisor Eppolito stated that he has received numerous inquiries into having a senior February 10, 2011 center. A town hall is really needed, but monies would not be as readily available. Discussion.

ITEM #10. MOTION TO ADJOURN

Motion by Councilwoman King, seconded by Councilman Snyder, and passed unanimously, to adjourn the meeting at 8:30 p.m. in memory of:

Erma R. Nunweiler Ronald A. Salisbury Richard A. Waterstram Harriet Anderson Joe Fitzsimmons Mary Lou Frank Christine Pascarella

______M. Beth Bolt