Town of Concord Town Board Meeting s1

TOWN OF CONCORD TOWN BOARD MEETING August 8, 2013 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

EXCUSED: DEBORAH A. KING, COUNCILWOMAN

ALSO PRESENT: DARLENE SCHWEIKERT, Town Clerk DENNIS M. DAINS, Hwy Supt DEBORAH M. BARONE, Town Atty GEORGE DONHAUSER ETHAN SMITH JONATHAN SMITH TYLER OLROGG SAM KREBS MATT KREBS GARETT OLROGG ERIC CAMPANELLA NANCY KREBS

INVOCATION DELIVERED BY TOWN CLERK SCHWEIKERT

PLEDGE TO THE FLAG LED BY SUPERVISOR EPPOLITO

ITEM #1. APPROVAL OF MINUTES

a) Town Board Public Hearing re: Cattaraugus Water District – 7/11/2013 – Motion by Councilman Krezmien, seconded by Councilman Snyder, to approve the minutes as presented. Councilmen Krezmien & Snyder; Supervisor Eppolito, voting aye; Councilman Salzler, abstained; Councilwoman King, excused. Carried. b) Town Board Meeting – 7/11/2013 – Motion by Councilman Krezmien, seconded by Councilman Salzler, to approve the minutes as presented. Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye; Councilwoman King, excused. Carried. c) Town Board Public Hearing re: East Concord Fire Dept – 7/29/2013 – Motion by Councilman Salzler, seconded by Councilman Krezmien, to approve the minutes as presented. Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye; Councilwoman King, excused. Carried. d) Town Board Meeting – 7/29/2013 – Motion by Councilman Snyder, seconded by Councilman Salzler, to approve the minutes as presented. Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye; Councilwoman King, excused. Carried.

ITEM #2. PUBLIC COMMENT

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

ITEM #3. MONTHLY REPORTS

Motion by Councilman Snyder, seconded by Councilman Salzler, approve the Monthly Reports, Items a-d. Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito voting aye; Councilwoman King, excused. Carried. Page 94 August 8, 2013

a) Code Enforcement Officer Report – July 2013 b) Dog Control Officer – July 2013 c) Nutrition Site Report – June 2013 d) Nutrition Site Report – July 2013

e) Fire Department – Supervisor Eppolito informed the Board that he received a thank you from Matt Willibey of East Concord Fire Department for assisting the department in obtaining the financing for their new truck. f) Highway Superintendent Report. Hwy Supt Dains read his written report. 1) Hwy Supt Dains informed the Board that there is a new federal certification for all Commercial Drivers (CDL). All CDL drivers will receive the informational brochure entitled NYS DMV New Federal Medical & Self-Certification Requirements for NYS. Hwy Supt Dains plans to attend a meeting on this new requirement on August 28th in Orchard Park. 2) Hwy Supt Dains informed the Board that the next meeting on the County snow removal contract is scheduled for August 20th and he will keep the Board updated.

Motion made by Councilman Krezmien, seconded by Councilman Salzler, to approve the Fire Department and Highway Superintendent Reports. Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye; Councilwoman King, excused. Carried.

ITEM #4. NEW BUSINESS

a) Audit of the Bills – Supervisor Eppolito stated that these bills were audited by Councilman Salzler and reviewed by the Board.

General Fund A, abstract 8, bills 864-925 & 974; $22,036.97 General Fund B, abstract 8, bills 926-934; $1,760.73 Library Fund, abstract 8, bill 935; $421.94 Fire Protection, abstract 8, bill 936; $10.01 Joint Van, abstract 8, bills 937-940; $90.64 Joint Youth, abstract 8, bill 941; $731.13 Craneridge Lighting, abstract 8, bill 942; $2,456.43 Craneridge Sewer, abstract 8, bills 943-948; $1,826.75 Highway DA, abstract 8, NONE Highway DB, abstract 8, bill 949-962; $121,048.91 Kissing Bridge Water, abstract 8, bill 963; $325.00 Kissing Bridge Sewer, abstract 8, bill 964; $1,750.00 Trevett Rd. Water, abstract 8, bill 965; $190.90 Trust & Agency, abstract 8, bill 966; $1,398.20 Capital (HA), abstract 8, bill 967; $21,571.52 Capital (HB), abstract 8, NONE Capital (HC), abstract 8, bills 968-969; $32,199.25 Capital (HD), abstract 8, bills 970-973; $1,536.53

Councilman Salzler noted that another voucher came in today from Engineer Mark Alianello for the Capital (HA) Craneridge Sewer, Voucher #975. This invoice is in the amount of $14,853.55. Motion made by Councilman Salzler, seconded by Councilman Krezmien, to approve the bills as noted above with the addition of Voucher #975 from Alianello. Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye; Councilwoman King, excused. Carried.

b) Resolution WNYSSB Interpretive Sign – Supervisor Eppolito asked for a Resolution to accept the WNYSSB Interpretive Sign for a sign to be placed at Community Park. Page 95 August 8, 2013

Councilman Snyder moved the adoption of Resolution 22, seconded by Councilman Salzler:

TOWN OF CONCORD RESOLUTION FOR ACCEPTANCE OF A WNYSSB INTERPRETIVE SIGN

Be it that the Western New York Southtowns Scenic Byway (WNYSSB), a legally authorized byway in New York State, with the purpose of promoting the culture, history, and scenery of the area surrounding its 70 mile route, is sponsoring an interpretive sign program, under the administration of the New York State Department of Transportation, and

Be it that the Town of Concord is located within the limits of the Byway, and has been duly notified by the WNYSSB that it is entitled to receive one interpretive sign as part of this program.

Now be it said:

That this Resolution, passed on the 8th day of August, 2013, hereby decrees that the Town of Concord agrees to accept the interpretive sign, to own it, and to reasonably maintain it for its lifetime, under the following conditions:

 That the WNYSSB, as part of a grant for its interpretive sign program, has agreed to pay for the design, fabrication, and installation of the sign.  That the Town of Concord, together with the WNYSSB, has agreed to its content.  That the Town of Concord has agreed to its location, to be located to the left of the driveway into Community Park.  That the Town of Concord agrees to not remove the sign at any time in the future.  That if the sign should become damaged, the Town of Concord agrees to repair the sign, if it is reasonable within its own forces, or, if the damage is such that it cannot be reasonably repaired, to consult with the WNYSSB regarding a means to repair the sign. The payment of such repair would be as agreed to by the Town of Concord and the WNYSSB at that time.

Voting as follows:

Councilwoman King Excused Councilman Krezmien Aye Councilman Salzler Aye Councilman Snyder Aye Supervisor Eppolito Aye

The foregoing resolution was thereupon declared duly adopted.

c) Set Work Sessions – Supervisor Eppolito noted that department budget worksheets will be given out to all department heads for completion. The following dates were set for budget work sessions: Tuesday, August 27th at 6 p.m. and Tuesday, September 3rd at 6 p.m. More dates can be added if necessary.

d) Resolution re: Snow Removal – Supervisor Eppolito asked the Board for a Resolution to be directed to the County regarding snow removal.

Councilman Krezmien moved the adoption of Resolution 23, seconded by Councilman Salzler:

WHEREAS, the Town of Concord recognizes that plowing and de-icing town, as well as county roads, is in the best interest and safety of its residents, and Page 96 August 8, 2013

WHEREAS, Erie County and the 25 towns within the county have negotiated contracts which assure that the majority of the county roads within the towns would be maintained according to the same snow and ice control methods used on all town roads, and

WHEREAS, such methods have been approved by the Erie County Department of Public Works, and

WHEREAS, in the past, all costs of manpower, equipment, and materials have been calculated to the satisfaction of all parties, and

WHEREAS, any issues that have arisen during snow and ice control in previous years have been resolved by all parties involved, and

WHEREAS, a new contract between the Towns and Erie County is currently being negotiated, and

WHEREAS, on March 20, 2013, there was a tentative agreement between the towns and Erie County which included a 3 year term with an annual increase of 5.0% as was past practice, and

WHEREAS, this agreement was considered fair and within the budgeting confines of Erie County, and

WHEREAS, on April 16, 2013, Erie County made a counter proposal to increase the contract from 3 years to 5 years and to reduce the monetary increase of 0.5%, and

WHEREAS, the county proposed rate is one of the towns cannot afford, and

WHEREAS, the budgetary planning for 2014 is going to start in many municipalities, and

WEHREAS, the deadline for towns to order road salt de-icer is now past;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Concord calls on the Erie County Executive and the Erie County Legislature to help resolve the issue between the Erie County Department of Public Works and the 25 towns within the County of Erie with regards to snow removal and de-icing of county roads within the towns that is fair and equitable to all parties; and

BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Concord is to transmit copies of this resolution to Erie County Executive Mark Poloncarz, Erie County Legislator Edward Rath, Erie County Legislature Chairwoman Betty Jean Grant, and the Erie County Department of Public Works Commissioner John Loffredo, the Majority and Minority leaders of the County Legislature, and the other towns within Erie County.

Voting as follows:

Councilwoman King Excused Councilman Krezmien Aye Councilman Salzler Aye Councilman Snyder Aye Supervisor Eppolito Aye

The foregoing resolution was thereupon declared duly adopted. Page 97 August 8, 2013

e) Financing of Lucy Bensley Renovations – Supervisor Eppolito informed the Board that because the Town does not use the Lucy Bensley Center for direct Town purposes, a municipal bond is not an option for financing.

Councilman Krezmien moved the adoption of Resolution 23, seconded by Councilman Salzler:

WHEREAS, Resolution 23 rescinds Resolution 9 adopted by the Town Board on March 14, 2013, which approved the ban for the Lucy Bensley Center project and approves the transfer of funds, not to exceed $100,000.00, from the B Account to DB Reserve allowing DB Reserve to loan the A Account. The Town to re-pay the DB Reserve Account at terms to be determined on the advice of the Town Accountant.

Voting as follows:

Councilwoman King Excused Councilman Krezmien Aye Councilman Salzler Aye Councilman Snyder Nay Supervisor Eppolito Aye

N. Krebs asked why Councilman Snyder did not approve of the transfer. Councilman Snyder explained his reasons for not approving of the financing on this project from the beginning. G. Donhauser asked if a super majority vote is necessary for this transfer. Town Attorney Barone to research and advise.

f) Cattaraugus Street Water District bids – Engineer Mark Alianello’s Office is ready to obtain bids for the Cattaraugus Street Water District.

Councilman Krezmien moved the adoption of Resolution 25, seconded by Councilman Salzler, authorizing Town Clerk Schweikert to advertise for bids as follows:

ADVERTISEMENT FOR BIDS

Town of Concord 86 Franklin Street PO Box 368 Springville, New York 14141

Separate sealed BIDS for the construction of Cattaraugus Street Waterline Replacement, will be received by the Town of Concord, hereinafter called the OWNER, located at 86 Franklin Street, Springville, New York 14141, until 11:00 a.m. prevailing time on September 6th, 2013, and then at that time and place opened and read aloud.

The Work shall be performed under a single contract, and shall include, but is not limited to, the following: Interconnection to the existing 2” waterline at the existing 2” meter pit manhole; installation of approximately 410 linear feet of 3” HDPE waterline; installation of a 2” blowoff hydrant assembly; nine service connections consisting of seven short side services and two long side services; all excavation and backfilling; permanent surface restoration of disturbed areas to pre-construction condition; maintenance and protection of traffic during construction; testing and disinfection of the proposed waterline; and all other related materials and work indicated on the Contract Drawings, as further described in the Technical Specifications, and as may be necessary and required to provide for a complete and finished project. Page 98 August 8, 2013

A Pre-Bid Meeting will be held on August 23rd, 2013 at 10:00 am at the site to review the proposed work areas, weather permitting. Further information regarding this meeting will issued by the Engineer.

All BIDS being mailed (including FedEx, UPS, Priority Mail, etc.) or hand-delivered to the Town of Concord shall be directed to Darlene Schweikert, Town Clerk, at the address listed above in a sealed envelope. The envelope shall be clearly marked on the outside “Town of Concord, Cattaraugus Street Water District – Waterline Replacement”. Failure to follow the above instructions could result in rejection of the proposal.

The Contract Documents may be examined at the office of the ENGINEER, Mark D. Alianello, P.E., Consulting Engineer, 3 Bristol Lane, P.O. Box 604, Ellicottville, New York 14731. Anyone wishing to examine the Contract Documents should be advised to call ahead and confirm times in which the Contract Documents can be examined at the office.

Copies of the Contract Documents may be obtained at the office of the ENGINEER upon payment of $50 for each set, in the form of two (2) checks for $25 each. Hard copies will be mailed when requested upon receipt payment of and a non-refundable postage and handling fee of $25.00 per set requested. All checks shall be made payable to "Mark D. Alianello, P.E., Consulting Engineer". Electronic copies of the Contract Documents are available at no charge.

Any BIDDER, upon returning the hard copy of the Contract Documents within 30 days of the award of the Contract, or rejection of the Bid of the BIDDER, in good condition, will be refunded $50. Any non-bidder returning the Contract Documents within the 30 days, in good condition, will be refunded $25. No refund shall be made for Contract Documents returned after the 30 days. Material suppliers and anyone returning the Contract Documents prior to the bid opening shall be classified as a non-bidder.

Each BID shall be accompanied by a certified check or Bid Bond in the amount of five percent (5%) of the amount of the BID made payable to the "Town of Concord". All Bid Bonds shall be on a form acceptable to the OWNER, duly executed by the BIDDER as Principle and having as surety thereon, a surety company approved by the OWNER. No BIDDER may withdraw their BID within forty-five (45) days of the BID Opening.

The attention of the BIDDER is called to the requirements of the conditions of employment to be observed, and the NYS Wage Rates to be paid under the terms of the Contract.

Voting as follows:

Councilwoman King Excused Councilman Krezmien Aye Councilman Salzler Abstained Councilman Snyder Aye Supervisor Eppolito Aye

g) Mark D. Alianello Agreement – Cattaraugus Street Water District – Supervisor Eppolito received an Agreement for Professional Services from Mark D. Alianello dated July 30, 2013 for services with regard to the Cattaraugus Street Water District. These engineering costs are only charged to the residents of the Cattaraugus Water District.

Motion made by Councilman Krezmien, seconded by Councilman Snyder, to authorize Supervisor Eppolito to sign the Agreement for Professional Services from Mark D. Alianello dated July 30, 2013. Councilman Krezmien & Snyder; Supervisor Page 99 August 8, 2013

Eppolito, voting aye; Councilman Salzler, abstained; Councilwoman King, excused. Carried.

h) Surplus Items Assessor’s Office – There are items to be declared surplus from the Assessor’s Office. Supervisor Eppolito noted that if any local non-profit would like the surplus items, these items would be donated. The Boys Scouts in attendance will check to see if they could use any of the items. The Dell computer towers will be held at Town Hall in case any other town office may want them.

 Two Metal Desks  Two Dell Computer Towers  Old Lap Top Computer (DOS & LOTUS)  Wooden Computer Desk  Rolling File Cabinet  Sharp Adding Machine

Motion made by Councilman Krezmien, seconded by Councilman Salzler, to declare the above items as surplus. Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye; Councilwoman King, excused. Carried

ITEM #5. OLD BUSINESS

There was nothing for Old Business.

ITEM #6. CONSENT AGENDA

a) Erie County Water Quality Committee. b) Well Drilling Observation Report c) Letter from Elise Able d) New Article re: Southtowns Meals on Wheels e) Local IDA’s f) Community Choice Act g) SMOW’s Minutes 7/9/13

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

ITEM #7. EXECUTIVE SESSION

There was nothing for Executive Session.

ITEM #8. COUNCILMAN NOTES

a) Councilman Krezmien had been at the Lucy Bensley Center and noticed that the trees need trimming and discussed this matter with Hwy Supt Dains. Hwy Supt Dains advised that he will have his crew trim the trees.

b) Supervisor Eppolito informed the Board that the tax cap will be a problem when the Board prepares their 2014 budget. The Town needs to be under the 2% cap or the Consumer Price Index which is currently 1.66%, whichever is less. Because the Town has the Special Use Districts, the Town will exceed the cap so the Board will have to pass the Local Law Tax Levy Limit again this year.

c) Senator Gallivan recently traveled the Farm Trail with some of the Supervisors.

d) Supervisor Eppolito noted that Erie County pulled the grant money for the Southtowns Meals on Wheels Program saying that the grant did not match up with the other grants submitted. In past just a letter was submitted to the County requesting Page 100 August 8, 2013 funding; it was never a competitive grant. The County awarded the grant to Western New York Meals on Wheels. It is not certain that the Western New York Meals on Wheels program will be able to handle our program. Our SMOW program is a need based program and because of an influx of people who cannot afford to pay, the program will be running out of money. The SMOW will be discontinued as of January 1, 2014 unless the County of Erie reverses their decision. Our drivers not only deliver meals to the residents but also check on their well-being.

ITEM #9. MOTION TO ADJOURN

Motion by Councilman Salzler, seconded by Councilman Krezmien, and passed unanimously, to adjourn the meeting at 7:50 p.m. in memory of:

Mary Ann Belz Robert H. Wulf Phyllis A. Ott Marlene M. Fuller Robert Griffith

______Darlene G. Schweikert Town Clerk