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WORK SESSION 6:30 p.m. with E&M Engineers February 14, 2013

Glenn D. Cooley reviewed the bids received for the Lucy Bensley building. The low bidder was Mazur Construction from Clarence Center at $97,000. There was discussion regarding the deducts in the bids. Discussion about fund balances and borrowing money to proceed with this project. Supervisor Eppolito noted that we need to start thinking long term with regard to the town buildings. Councilman Snyder questioned whether we could start charging rent to the organizations that use the building. Supervisor Eppolito noted that the town funds most of the organizations that use the building on the regular basis such as the historical society which does genealogy. This building was given to the town so the town has to maintain the structure. Mr. Cooley left the meeting when this work session ended at 7:00 p.m. Supervisor Eppolito will be in contact with him after the bid is awarded.

TOWN OF CONCORD TOWN BOARD MEETING February 14, 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

GEORGE DONHAUSER

NED YOUNG

DON ORTON

BOB WHITEHEAD

INVOCATION DELIVERED BY TOWN CLERK SCHWEIKERT.

PLEDGE TO THE FLAG LED BY SUPERVISOR EPPOLITO.

ITEM #1. APPROVAL OF MINUTES

a)  Town Board Organizational Meeting – 1/3/2013 - Motion by

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

b)  Town Board Meeting – 1/3/2013 – Motion by Councilman

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

c)  Town Board Meeting – 1/25/2013 – Motion by Councilman

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

d)  Bid Opening re: Lucy Bensley Center – 1/28/2013 – Motion by

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

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ITEM #2. PUBLIC COMMENT

Supervisor Eppolito opened the floor for Public Comment. Ned Young

spoke on behalf of the Safari Club. His purpose was to advise the people of the community of the Club’s motto and purpose and also bring to the public’s attention that the Club offers a $1,500 scholarship to a graduating senior. The information about the application process is available on the Safari Club website: www.wnysafariclub.com. Mr. Young would like this information passed along to the Springville Journal. The high school guidance office does have this information at their office.

Motion made by Councilman Salzler, seconded by Councilman Krezmien,

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

ITEM #3. MONTHLY REPORTS

Motion by Councilman Krezmien, seconded by Councilman Snyder, 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 - Year End 2012

b) Code Enforcement Officer/Building Inspector Report – January 2013

c) Dog Control Officer – January 2013

d) Nutrition Site Report – January 2013

e) Judge Frank Report – December 2012

f) Judge Gibbin Report - December 2012

g) Town Clerk – 2012 Annual Report

h) Fire Department - Hwy Supt Dains noted the calls for his fire

department for the month. The Department will begin their budget meetings with the Village on March 14, 2013. A new Senior Dispatcher, Rick Johnson, appointed at the Control Center. Supervisor Eppolito thanked the Department for their wonderful Installation Dinner and the other officials also expressed their thanks.

i) Highway Superintendent Report. Hwy Supt Dains read his filed report.

1) Hwy Supt Dains noted that fuel bids have gone out and he

hopes to have this for the Board’s approval at the March meeting.

2) Hwy Supt Dains requested the Town Board’s permission to

attend the 2013 Grassroots Advocacy Campaign for Local Roads & Bridges in Albany on March 5th and 6th. This is the Town Highway Superintendent’s Association of Erie County’s yearly trip to Albany for our CHIP’s Funding. The Association pays the cost of the hotel. Motion by Councilman Snyder, seconded by Councilman Salzler, to allow Hwy Supt Dains to attend the 2013 Grassroots Advocacy Day in Albany on March 5th and 6th. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried.

3) Hwy Supt Dains informed that Board that he has Spring workshops with Cornell Local Roads. There are two in the area that he will be attending; April 9th in Erie County covering the Powers & Duties of Local Highway Officials and then April 16th in Cattaraugus County covering roadway and roadside drainage. The cost is $50 per workshop. Hwy Supt Dains has money in his budget to cover these workshops.

4) Hwy Supt Dains requested Karl Lux of the Village of Springville DPW to come up with a figure to buy the Town of Concord out of the joint ownership of the Gates 4-20 Hose Crimping Machine. Mr. Lux came up with the figure of $861.79 for the Village to purchase the Town’s portion. The Town has their own hose machine in the shop now and supplies to make hoses. It was difficult to go down to the Village to fix a hose. The money that the Town will receive from the Village will go into the tool account.

5) Hwy Supt Dains has received correspondence from Erie County Highway who will be putting out to bid the reconstruction project on Zoar Valley Road. It does not appear to be a major one; just where the slide area is between Grote Road and Hammond Hill. The bids will be advertised until February 21, 2013.

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6) Hwy Supt Dains requests the Board’s permission to increase comp time by 20 hours so that his highway employees can go from 60 hours to 80 hours total. The use of comp time will be approved at Hwy Supt Dains’ discretion. Motion by Councilman Krezmien, seconded by Councilman Salzler, to increase comp time by 20 hours (from 60 to 80 hours) for the highway employees which will be taken at the discretion of the Hwy Supt. Councilwoman King, Councilmen Krezmien, Salzler & Snyder; Supervisor Eppolito, voting aye. Carried.

7) Hwy Supt Dains was contacted by Karl Lux , Village of Springville Superintendent of Public Works, scheduling a safe driver’s course which is tentatively scheduled for March 19th and 20th. Eric Slocum will be teaching the course again this year. This is done every three years. Any interested employees from the Town who would like to attend should contact Supervisor Eppolito. The cost will be about $25 per person depending upon the number of attendees. Hwy Supt Dains noted that he has 6 employees who will be taking the class.

8) Hwy Supt Dains received a telephone call from Fred Piasecki, the Hwy Superintendent of Orchard Park. Mr. Piasecki had been contacted by the County of Erie who would like to meet with town representatives at the Rath Building to begin discussion on a new plow contract. Tentative dates for the County are March 25th through March 27th. Hwy Supt Dains will keep the Board informed of any progress.

9) Supervisor Eppolito noted that there were some inconsistencies with the Employee Manual. The highway employees were receiving 6 sick days a year since the 2006 budget prepared by Supervisor Steffan. In 2007 Local 17 came in and negotiated a contract which took the employees down to 4 days when the original Town Policy had 6 days per year. For the period of 2007 to 2011 the union contract was 6 days a year and the final contract year, it was 5.334/hours per month (8 days/year). In Supervisor Eppolito’s first year, he moved it back up to 8 days. The manual had an error in it noting 6 days instead of 8 days but at the Organizational Meeting it was noted at 8 days. The union contract used the manual to get the information to negotiate a contract. Supervisor Eppolito noted that the employees here at Town Hall were receiving 8 days when the highway employees were receiving 6 days. Supervisor Eppolito would request the Board to reinstate the sick days for the employees who did not get them to be fair to all our employees. It would total 10 days for three employees and another employee would be 2 days. Discussion about the maximum number of sick days and if that would put any of the employees over 160 days maximum. Motion made by Councilman Krezmien, seconded by Councilwoman King, to reinstate the sick time to the proper employees at the proper rate and ask Hwy Supt Dains for a breakdown. Supervisor Eppolito asked for a vote. Councilman Salzler questioned again the maximum number of days and this would give one employee more than 160 days. Councilman Salzler abstained. Councilman Krezmien then withdrew his motion. Motion by Councilman Krezmien, seconded by Councilwoman King, to withdraw the earlier motion. Councilwoman King, Councilmen Krezmien, Salzler & Snyder, Supervisor Eppolito, voting aye. Carried. The Board will not increase the maximum number of sick days allowed to be accrued. The members decided it would be best to table this matter. Motion made by Councilman Krezmien, seconded by Councilwoman King, to table this matter for further review. Councilwoman King, Councilman Krezmien, Salzler & Snyder, Supervisor Eppolito, voting aye. Carried.

Supervisor Eppolito noted that he would continue with the Employee Manual. Supervisor Eppolito noted that language should be included in the Manual so employees would have a protocol to follow if a confrontation develops either between employees or other residents while an employee is at work so the employee would know how it should be handled. Once the manual has all the changes made, the Board will approve the Employee Manual and each employee will receive a copy and sign a form that such Manual has been received.

10) Supervisor Eppolito asked for guidance from the Board because the Town inherited the road from Burger King to Tim Hortons. Supervisor Eppolito has checked with other towns and is not aware if there is a town in Erie County that has a Town owned road in an incorporated Village. That is a very expensive piece of highway. When that road needs repaved, we can’t just stone and chip that. Supervisor Eppolito noted that he has made contact with Legislator John Mills to see if the County

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will take over that section of the road. One option could be to put a highway tax on the owners up there. These people have never paid a highway tax before because it was incorporated as a State road. Another option might be to create a Special Highway District just for those businesses in there. All monies paid in would go strictly into that dedicated fund. The other alternative is to have the County take over the road since they have the road on both sides of that section. Discussion about road specifications. Town Atty Barone will start reviewing this matter.

Motion by Councilman Salzler, seconded by Councilman Snyder, to

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

ITEM 4. NEW BUSINESS

a)  2012 Appropriation Changes – 2012 Bookkeeping Entries – Supervisor

Eppolito noted that following Appropriation transfers for February 14, 2013. These are all Budget Journal Entries for 2012 Books.

1.  Transfer of $1,110 from A1110.47 Justice Travel to A1110.2 Justice Equipment.

2.  Transfer of $143 from A1220.49 Supervisor Miscellaneous to A1220.40 Supervisor Supplies.

3.  Transfer of $83 from A1220.49 Supervisor Miscellaneous to A1220.41 Supervisor Advertising.

4.  Transfer of $64 from A1220.49 Supervisor Miscellaneous to A1220.47 Supervisor Travel.

5.  Transfer of $1,200 from A1990.4 Contingent to A1220.2 Supervisor Equipment.

6.  Transfer of $1,100 from A1355.47 Assessor Travel to A1355.2 Assessor Equipment.

7.  Transfer of $116 to A1410.2 Town Clerk Equipment to A1410.40 Town Clerk Supplies.

8.  Transfer of $70 from A1420.49 Law Miscellaneous to A1420.47 Law Travel.

9.  Transfer of $3,800 from A1990.4 Contingent to A1440.4 Engineering.

10.  Transfer of $2,250 from A1620.41 Building Utilities to A1620.42 Building Maintenance.

11.  Transfer of $1,010 from A1620.41 Building Utilities to A1620.43 Elevator.

12.  Transfer of $375 from A1620.41 Building Utilities to A1620.49 Building Miscellaneous.

13.  Transfer of $420 from A3510.42 DCO Cell Phone to A3510.47 DCO Travel.

14.  Transfer of $305 from A3510.49 DCO Miscellaneous to A3510.47 DCO Travel.

15.  Transfer of $200 from A5010.49 Hwy Admin. Miscellaneous to A5010.2 Hwy Admin. Computer

16.  Transfer of $270 from A5132.41 Garage Utilities to A5132.49 Garage Miscellaneous.

17.  Transfer of $2,400 from A1990.4 Contingent to A6772.49 Programs for the Aging Miscellaneous.