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WORK SESSION with Library Board Members May 9, 2013

6:15 p.m.

Town Librarian Annette Gernatt and Paul Gernatt were in attendance to review with the Board the County’s proposal to create a special legislative district public library to serve the residents of Erie County, which would be governed by a Board of Trustees elected by the voters of Erie County and with funding determined by the voters of Erie County. Discussion ensued about whether there is enough support to have this proceed. Also discussed how the County would control our library if this were to be approved. Supervisor Eppolito suggested that the Town Board could pass a Resolution requesting that the County Legislature provide an adequate level of funding, and consistent funding,

each year to the library. Supervisor Eppolito will discuss this with other towns and Legislator Mills. Supervisor Eppolito and Librarian Gernatt will keep the Board informed of any updates. Librarian Gernatt advised the Board that the John Mills’ Hot Dog Roast will be on July 18th from 4 to 8 p.m.

TOWN OF CONCORD TOWN BOARD MEETING May 9, 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

DEBORAH A. KING, COUNCILWOMAN

ALSO PRESENT: DARLENE SCHWEIKERT, Town Clerk

DEBORAH M. BARONE, Town Atty

DENNIS M. DAINS, Hwy Supt

LESLIE J. GIBBIN, Town Justice

GEORGE DONHAUSER

CLYDE M. DRAKE

THEODORE WELCH, Springville Griffith Institute

JUSTIN GRAHAM, Springville Journal

INVOCATION DELIVERED BY TOWN CLERK SCHWEIKERT

PLEDGE TO THE FLAG LED BY SUPERVISOR EPPOLITO

ITEM #1. PRESENTATION BY TED WELCH, SGI BUDGET

Theodore Welch, School Business Administrator, addressed the Board with an overview of the SGI School Budget. Last year was a difficult year for the school district. Their operating budget was cut by 2.3 million dollars; 10% of their work force was laid off; increase in class sizes, reduction in programs. The 2013-2014 goal is to maintain what the school currently has. They continue to look at efficiency issues and continue to look at cooperating with other municipalities and school districts/Boces to reduce the operating costs. There are 25 school districts in Upstate New York that are functionally insolvent. Their capacity to raise revenue is far higher than their ability to provide appropriate education by State standards. SGI is not there yet. The school is down to basically mandated programs. There was a handout of the school budget and Mr. Welch reviewed the information. State Aid is very stagnant. Mr. Welch is optimistic that schools will survive but they may look differently than they have in the past. There was discussion as to merging of school districts. There are transportation issues with some school mergers. Afterwards Mr. Welch answered questions: How many less students this year? 55 less students. Why purchase 4 more buses when there are 4 less bus routes. The district absorbed some of the special education routes that previously had been contracted out. The DOT determines what the size of the bus fleet is. The buses are on a ten year

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program. The school is also on the list in Business First for Energy Conserving. Do we still pay someone to monitor that? Yes, one of the employees does it on a part time basis. The contract with Energy Education expires October 2013. If the district maintains the Energy Coordinator, the district would still have access to all the resources in the program. There was discussion about the Colden Elementary School. Currently there are 326 students at that building and there class sizes are still viable. The Board thanked Mr. Welch for his presentation.

ITEM #2. APPROVAL OF MINUTES

a)  Town Board Meeting – 4/11//2013 – Motion by Councilman

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

b)  Special Town Board Meeting – 4/29/2013 – Motion by Councilman

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

c)  Gravel Bid Opening – 4/29/2013 – Motion by Councilman

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

ITEM #3. PUBLIC COMMENT

Supervisor Eppolito opened the floor for Public Comment. G. Donhauser

asked if the Board had any plans on how to proceed with homes that have too much junk in their yards. Supervisor Eppolito had attended a training session on Property Maintenance and had a copy of the handout for Mr. Donhauser. The Planning Board can discuss this handout at their next meeting.

Motion made by Councilman Snyder, seconded by Councilwoman King,

to close Public Comment. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried.

ITEM #4. MONTHLY REPORTS

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

a) Code Enforcement Officer/Building Inspector Report – April 2013

b) Dog Control Officer – April 2013

c) Nutrition Site Report – April 2013

d) Judge Frank Report – March 2013

e) Judge Gibbin Report – March 2013

f) Van Report – January 2013

g) Van Report – February 2013

h) Van Report – March 2013

i)  Fire Department - Hwy Supt Dains noted that the fire department

will be busy this month with the Pageant of Bands and Dairy Fest. Mercy Flight will be here for Dairy Fest. The Recruitment Day had four new members join Springville and two more are getting applications completed. Hwy Supt Dains noted that Motorola put up another transmit tower on East Otto Hill and the radio is clearer now. The old radio has been removed from the Control Center. Supervisor Eppolito noted that East Concord has their Chicken Barbeque on May 18th.

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j) Highway Superintendent Report. Hwy Supt Dains highlighted from his filed report:

(1) The CHIPS allotment increased this year. It is up

$12,148.96 from last year. This is the first increase since 2007.

(2) Hwy Supt Dains noted that the gravel bids had been opened and asked the Board to award the gravel bids as outlined in his report. Motion made by Councilman Krezmien, seconded by Councilman Salzler, to award the gravel bids as outlined in the Hwy Supt Report. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried.

(3) Hwy Supt Dains received the annual request from the Springville Volunteer Fire Dept. to utilize the Town’s roller to roll Fireman’s Park on Nason Blvd. With the Board’s permission, Hwy Supt Dains will roll the Park on his own time. Motion made by Councilman Salzler, seconded by Councilman Krezmien, to allow Hwy Supt Dains permission to utilize the Town’s roller to roll Fireman’s Park on his own time. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried.

(4) Hwy Supt Dains noted that negotiations are not progressing well with the County on the Snow Plow Contract. At the end of this month, the Town will have to have their salt quantity in and without that contract in place that is putting a big burden on the Town. There is another meeting May 16th.

Motion by Councilman Salzler, seconded by Councilwoman King, to

approve the fire department report and the Highway Superintendent Report. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried.

ITEM #5. NEW BUSINESS

a)  Audit of the Bills – Supervisor Eppolito stated that these bills were

audited by Councilman Krezmien, and reviewed by the Board.

General Fund A, abstract 5, bills 457-515, 566-569; $538,887.51

General Fund B, abstract 5, bills 516-521; $463.91

Library Fund, abstract 5, bills 522-526; $8,612.93

Fire Protection, abstract 5, bill 527; $75,000

Joint Van, abstract 5, bills 528-530; $10,132.61

Joint Youth, abstract 5, bills 531-532; $2,112.52

Craneridge Lighting, abstract 5, bills 533-534; $42,337.16

Craneridge Sewer, abstract 5, bills 535-540; $201,223.94

Highway DA, abstract 5, bill 541; $20,000

Highway DB, abstract 5, bills 542-556; $15,825.53

Kissing Bridge Water, abstract 5, bills 557-558; $8,325.00

Kissing Bridge Sewer, abstract 5, bills 559-560; $21,750

Trevett Rd. Water, abstract 5, bills 561-562; $3,190.90

Trust & Agency, abstract 5, bills 563-564; $661.30

Capital (HA), abstract 5, bill 565; $25,755.91

Capital (HB), abstract 5, NONE

Supervisor Eppolito asked that a voucher be added paying Mazur Construction for part of their work at the Lucy Bensley Center in the amount of $3,135. This work has been approved by E&M Engineers.

Motion made by Councilman Krezmien, seconded by Councilman Salzler,

to approve the bills as presented with the addition of the voucher to Mazur Construction in the amount of $3,135. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried.

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b)  Notice to Proceed on Craneridge Sewer Project -

(1)  Supervisor Eppolito informed the Board that he received notification

that Mark Alianello’s office received the accepted Notice of Award and signed Agreement from Nova Site Company, LLC on the project. The Town should now pass a Resolution authorizing Supervisor Eppolito to execute the Craneridge Sewer Replacement Agreement.

Councilman Snyder moved the adoption of Resolution 11, seconded by

Councilman Salzler:

Authorizing Supervisor Eppolito to execute the Craneridge Sewer Replacement Agreement.

Voting as follows:

Councilwoman King Aye

Councilman Krezmien Aye

Councilman Salzler Aye

Councilman Snyder Aye

Supervisor Eppolito Aye

(2)  Supervisor Eppolito asked Town Attorney Barone to explain the

Notice to Proceed. Town Attorney Barone noted that everything seems to be order except the Certificate of Workers’ Compensation does not cover the sole proprietor, partners or members of a limited liability company. Nova Site is a limited liability company so to the extent that Gino Zagarrio is going to be on site, he is an “opt out.” You cannot opt out of workers’ compensation when you are a sole proprietor or a business; however, it is her understanding from our insurance consultant and Jim Hurst at Mark Alianello’s office that Mr. Zagarrio would have to get a document from the Compensation Board saying that he does not have maintain workers’ compensation on himself. Town Attorney Barone would suggest the Board do the Notice to Proceed pending receipt of the appropriate document from the Workers’ Compensation Board indicating that the owner of the business does not need to maintain workers’ compensation on himself.

Councilman Salzler moved the adoption of Resolution 12, seconded by Councilman Snyder:

Authorizing Supervisor Eppolito to execute the Notice to Proceed which states that Nova Site Company LLC is hereby notified to commence work in accordance with Article 4 of the Agreement dated April 10, 2013 with 30 calendar days of this Notice to Proceed and Nova Site Company LLC will substantially complete the work within 120 calendar days thereafter. This authorization to sign is pending receipt of the appropriate document from the Workers’ Compensation Board indicating that the owner of the business does not need to maintain workers’ compensation on himself.

Voting as follows:

Councilwoman King Aye

Councilman Krezmien Aye

Councilman Salzler Aye

Councilman Snyder Aye

Supervisor Eppolito Aye

c)  Craneridge Sewer Contract Amendment #1 - Since the Craneridge

Sewer Project came in under anticipated bid, the Town is extending the project to include some major work in the Waste Treatment Plant.

This is a two-step process.

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First step to extend the contract with Mark D. Alianello PC Engineers which consists of (a) Design: Add “WWTP Design Work to the list of items under Task 6 – Other Engineering for an estimated cost of $4,000 to be billed on an hourly basis as work is completed. This brings the total estimated cost of Task 6 up to $11,750. (b) Bidding. Add “WWTP Bidding” to Task 3 – Bidding Phase for an estimated cost of $2,500 to be billed on an hourly basis as work is completed. This brings the total estimated cost of Task 3 up to $5,500. (c) GSDC: Add “WWTP SGDC” to Task 4 – General Services During Construction for an estimated cost of $2,500 to be billed on an hourly basis as work is completed. This brings the total estimated cost of Task 4 up to $21,500. The total of the additional costs for this Amendment for WWTP engineering services would be $9,000.

The second step would be the authorization to start the bidding process for the Waste Water Treatment Plant project.

(1)  Councilman Krezmien moved the adoption of Resolution 13, seconded

by Councilman Salzler:

Amending Appendix 3 – Fee Breakdown of the April 25, 2013 agreement with Mark D. Alianello PC for engineering services for the Craneridge Sewer Replacement contract to include:

a) Design: Add “WWTP Design Work to the list of items under Task 6 – Other Engineering for an estimated cost of $4,000 to be billed on an hourly basis as work is completed. This brings the total estimated cost of Task 6 up to $11,750.

(b) Bidding. Add “WWTP Bidding” to Task 3 – Bidding Phase for an estimated cost of $2,500 to be billed on an hourly basis as work is completed. This brings the total estimated cost of Task 3 up to $5,500.

(c) GSDC: Add “WWTP SGDC” to Task 4 – General Services During Construction for an estimated cost of $2,500 to be billed on an hourly basis as work is completed. This brings the total estimated cost of Task 4 up to $21,500.

The total of the additional costs for this Amendment for WWTP engineering services would be $9,000.

And authorizing the Supervisor to sign the Contract Addendum #1 signifying acceptance of the Amendment.

Voting as follows:

Councilwoman King Aye

Councilman Krezmien Aye

Councilman Salzler Aye

Councilman Snyder Aye

Supervisor Eppolito Aye

d)  Authorization to Bid Waste Treatment Plant Improvements – Town

Attorney Barone read the Craneridge Waste Water Treatment Plant Statement of Work as prepared by Mark D. Alianello’s office which includes Sludge Storage Tank; Troughs and Distribution Box; Center Well; Building Modification and Restoration; and Connections to Existing Piping. The estimate of work is approximately $40,000.