Page 80 September 14, 2017

TOWN OF CONCORD TOWN BOARD MEETING September 14, 2017

7:00 p.m.

MEETING CALLED TO ORDER BY GARY A. EPPOLITO, SUPERVISOR

PRESENT: GARY A. EPPOLITO, SUPERVISOR

JAMES M. KREZMIEN, COUNCILMAN

CLYDE M. DRAKE, COUNCILMAN

KENNETH D. ZITTEL, COUNCILMAN

WILLIAM F. SNYDER, III, COUNCILMAN

ALSO PRESENT: DARLENE G. SCHWEIKERT, Town Clerk

DENNIS DAINS, Hwy Supt

BRIAN F. ATTEA, Deputy Town Atty

CAROLYN ROBINSON, Dog Control Officer

GEORGE DONHAUSER NORMA LIGHTCAP

MARY JEAN MIESS JOHN MIESS

NORMA LIGHTCAP PHIL DROZD

MATT MAYER JON HAMANN

DEREK OTTO, Springville Times

INVOCATION DELIVERED BY TOWN CLERK SCHWEIKERT

PLEDGE TO THE FLAG LED BY SUPERVISOR EPPOLITO

ITEM #1. APPROVAL OF MINUTES

a)  Work Session – 8/10/17 – Motion by Councilman

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

b)  Town Board Meeting – 8/10/17 – Motion by Councilman

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

ITEM #2. PUBLIC COMMENT

Supervisor Eppolito opened the floor for Public Comment. This is a time

for the Board to listen to the Public.

(1)  Mary Jane Miess discussed the following matters with the Board

members:

a)  Still hoping for the success of the five day/week nutritional lunch

program at the Senior Center. Now lunch is not available on Wednesdays and Fridays are in question. The information about the lunch program is not reaching the seniors in the area who do not know the phone number to call to make a reservation. Some have no transportation to get there.

b)  There is a lack of transportation available in this town. She referred

to an article published in the Springville Journal on August 31, 2017, information was revealed that there is money available for local governments and organizations to use for improving transportation for seniors. She feels that the town needs to take advantage of these sources.

c)  There is still a need for a full time Director for the Senior Center. The

building needs to be open like it was last year.

(2)  Matt Mayer addressed the Board noting that other entities in the area

were given an email regarding Invest Buffalo Niagara and the Amazon HQ2 facilities. Supervisor Eppolito advised that that group had just contacted him looking for support from towns and villages. This has been done.

(3)  Norma Lightcap noted that the Senior Center celebrated Marion Ahles

101st birthday.

No one else wished to address the Board. Motion by Councilman

Krezmien, seconded by Councilman Zittel, to close Public Comment. Councilmen Krezmien, Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried.

ITEM #3. MONTHLY REPORTS

Motion by Councilman Krezmien, seconded by Councilman Drake, to approve the Monthly Reports, Items a-i. Councilmen Krezmien , Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried.

a)  Code Enforcement Officer – August 2017

b) Dog Control Officer – August 2017

c) Town Clerk Report – August 2017

d) Town Supervisor Report – July 2017

e) Judge Gibbin Report – July 2017

f) Judge Frank Report – July 2017

g) Nutrition Site Report – July 2017

h) Nutrition Site Report – August 2017

i) Senior Director Report – August 2017

j) Highway Report - Hwy Supt Dains read his filed report into the Minutes and discussed the following with the Board:

1) Hwy Supt Dains had provided the Board members with information about the purchase of a 7 Ton Trailer. It would be used to haul portable equipment utilized on job sites. Currently and in years past, the department has loaded up the dump bodies of the Ford F550s with all the supplies. The department has also been towing the roller behind the F550. The roller was purchased in 1997 with a hydraulic set of wheels to raise the roller off the ground to be hauled. The roller is in good condition however the towing attachment is showing its age and could be a problem towing it down the road. The trailer that would be purchased would be a tilt deck, 16 feet, and a stationary deck of 4 feet that would be used for all portable equipment and hand tools that are used on a daily basis. This trailer would be able to haul 20 foot long pipe for culvert projects. With this trailer, the department would have everything for a job on one piece of equipment. Hwy Supt Dains has been in contact with Ed Rutkowski, NYS DOT, and he concurs that CHIPS funding can be utilized for this purchase as it has a service life of 10 or more years and equipment is eligible in funding. Based on the Procurement policy, Hwy Supt Dains will obtain three quotes. His estimate of the cost is between $6,000-$9,000. Councilman Krezmien asked if the Town needed to do anything to use CHIPS money and Hwy Supt Dains said that the Town did not; this is allowable under that budget line.

2) Hwy Supt Dains did not register for the Fall Conference

which is being held in Ellicottville. Hwy Supt Dains asked the Board members for permission to attend. He would commute Tuesday, Wednesday and Thursday. The registration fee is $99 and meals would be $122 for a total of $212. This money is in his budget. Motion by Councilman Krezmien, seconded by Councilman Zittel, to

approve Hwy Supt Dains attendance at the Fall Conference. Councilmen Krezmien, Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried.

3) Hwy Supt Dains provided the Board members with a copy of the Inter-Municipal Highway Shared Services Agreement Original-2013. This has been discussed at the Highway Superintendents Association meeting. The original was 2013. Nothing has really changed in the verbiage. Town Clerk Schweikert provided him with a copy of that 2013 Agreement. His Association is discussing every five years renewing this Agreement. This Shared Services Agreement for the Highway Departments includes 25 towns and the County. The State has their separate one. This allows the highway departments to share services which is what Governor Cuomo wants everyone to do. The Highway Departments have been doing this for many years. This allows the highway department to complete inter-municipal work with surrounding towns. It is set up that groups of three or four towns work together to get their major projects done; utilizing equipment; utilizing men. It evens out by the end of the year; everyone is getting their major projects done and sharing their services. Phil Drozd advised that it should be noted that this whole program started in the Town of Concord by the late Bill Potter, former Highway Superintendent. Hwy Supt Dains noted that this has worked well for the Town.

Hwy Supt Dains asked the Board for a motion to have Supervisor Eppolito sign the Agreement. Motion by Councilman Krezmien, seconded by Councilman Drake, to authorize Supervisor Eppolito sign the Inter-Municipal Highway Shared Services Agreement. Councilmen Krezmien, Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried. The original will then be on file with Town Clerk Schweikert.

4) Councilman Krezmien asked Hwy Supt Dains about Erie County Highway Department chipping their roads. Hwy Supt Dains noted that the County did Moore Road, Mortons Corners Road; they’re doing a lot of work. The department is also doing some drainage projects. Supervisor Eppolito asked about the status of Route 240. Hwy Supt Dains said he heard that it was going to be milled and re-done. Problem could have been mix design, could have been mix production.

k) Fire Department - Hwy Supt Dains noted the following:

1) The Springville Fire Department will be having their Gun

Raffle on October 14th.

2) Mortons Corners Fire Department will be having their Ham & Turkey Raffle on September 30th.

3) East Concord Fire Department will be having their Ham & Turkey Raffle on November 10th.

4) There will be an excavation scene mutual aid drill with Sardinia, East Concord, Mortons Corners, and Springville at Waste Management on Saturday, September 16th.

5) Springville Fire Department will be having a dedication for the new Franklin Street station; the Department is trying to confirm a date with Father Joe and the pastors in the Village. He will advise the Board members once the date is scheduled.

6) There was discussion about the recent accident in Zoar Valley. Mortons Corners Fire Department has equipment to go into Zoar Valley and Gowanda is trained in that type of a rescue.

Motion by Councilman Krezmien, seconded by Councilman Zittel, to

approve the Highway Department and Fire Department Report. Councilmen Krezmien, Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried.

ITEM 4. 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 9, bills 915-993; $26,602.14

General Fund B, abstract 9, bills 994-1002; $202,244.48

Library Fund, abstract 9, bills 1003-1004; $459.60

Fire Protection, abstract 9, NONE

Joint Van, abstract 9, bills 1005-1008; $918.80

Joint Youth, abstract 9, bills 1009-1010; $2,450.00

Craneridge Lighting, abstract 9, bill 1011; $1,766.93

Craneridge Sewer, abstract 9, bills 1012-1019; $6,127.41

Highway DA, abstract 9, NONE

Highway DB, abstract 9, bills 1020-1044; $49,384.96

Kissing Bridge Water, abstract 9, bills 1045-1051; $720.49

Kissing Bridge Sewer, abstract 9, bill 1052; $1,300.00

Trevett Rd. Water, abstract 9, bill 1053; $2,358.00

Cattaraugus Street Water, abstract 9, NONE

Trust & Agency, abstract 9, NONE

Capital (HA) C. Sewer, abstract 9, NONE

Capital (HB) Land, abstract 9, NONE

Capital (HD) Catt. St, abstract 9, NONE

Capital (HE) Sr. Ctr, abstract 9, bill 1054; $12,257.50

Capital (HF) Hwy Equip, abstract 9, NONE

Capital (HG) Waste Study, abstract 9, bill 1055; $4,000.00

Motion by Councilman Krezmien, seconded by Councilman Drake,

to approve the bills as presented. Councilmen Krezmien, Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried.

b)  Home Occupation Permit of Larry Snyder – Larry Snyder had attended

the September 5th Planning Board Meeting to discuss his Home Occupation Permit for the sale of firearms at 7343 Zoar Valley Road. Mr. Snyder would be running background checks and working with organizations having raffles with guns as prices; he’d order guns and do the necessary paperwork. There would be no storefront and no shooting range. He would not maintain a large inventory of guns. Mr. Snyder has completed the Federal Firearms Licenses application process. The Planning Board had no issues with this Permit and recommended that the Town Board approve the Home Occupation Permit. Councilman Drake, seconded by Councilman Krezmien, to approve the Home Occupation Permit of Larry Snyder as presented to the Planning Board. Councilmen Krezmien, Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried.

c)  Appointment to Assessment Board of Review – Councilman Krezmien,

seconded by Councilman Zittel, to table the Appointment to the Assessment Board of Review. Councilmen Krezmien, Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried. The Board of Assessment Review meets once a year in June so the appointment can be made at a later date; even at the Organizational Meeting. Training is required.

d)  NYS Agricultural & Markets Law – This Notice is also posted in the

Bulletin Board at the Town Hall and the town’s website.

PUBLIC NOTICE

Per New York State Agriculture and Markets Law Section 303-b, the Erie County Legislature designated September 1 through September 30 as the annual thirty-day period during which landowners may submit requests to include predominantly viable agricultural land into an existing certified agricultural district.

Copies of the application form have been provided to Municipal Clerk’s, Assessors and Chief Elected Officials for distribution to interested landowners. The application is also available on the DEP website at www.erie.gov/environment.

The Erie County Department of Environment and Planning will accept applications from September 1 through September 30. Any questions on this process should be directed to the Erie County Department of Environment and Planning.

A public hearing will also be scheduled at a later date to consider all inclusion requests and the recommendations of the Erie County Agricultural and Farmland Protection Board.

Contact Information:

Elias Reden, Planner

Erie County Environment & Planning

95 Franklin Street, 10th Floor

Buffalo, NY 14202

Phone: (716) 858-1911

Fax: (716) 858-7248

Email:

e)  Set Public Hearing for 2018 Budget - Supervisor Eppolito advised that a

Special Town Board Meeting will be called for later in the month for the presentation of the 2018 Budget. Town Clerk Schweikert will put the notice of the meeting on the signboard at the Town Hall and also the Town’s website. Supervisor Eppolito asked the Board to set the Public Hearing for Thursday, October 12, 2017 at 6:00 p.m. Motion by Councilman Zittel, seconded by Councilman Drake, to set the Public Hearing for Thursday, October 12, 2017 at 6:00 p.m. for the 2018 Budget. Councilmen Krezmien, Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried.

f)  Set Public Hearing for CDBG – Supervisor Eppolito asked the Board to

set the Public Hearing for Thursday, October 12, 2017 at 6:30 p.m. The Town will list a generator the Senior Center as our first project. Motion by Councilman Zittel, seconded by Councilman Drake, to set the Public Hearing for the Community Development Block Grant for Thursday, October 12, 2017 at 6:30 p.m. Councilmen Krezmien, Drake, Zittel & Snyder; Supervisor Eppolito, voting aye. Carried.

g)  Set Public Hearing for Local Law #2 of 2017 – General Code Update –

Deputy Town Attorney Attea and Town Clerk Schweikert have been working on the necessary changes to update the Town’s General Code. A Public Hearing is required to make the following changes:

CHAPTER 162. FEE SCHEDULE

Sec. 162-1. Building permit and inspection fees.

Effective ______, 2017, section 162-1 is repealed in its entirety. Building Permits and Fees are set forth in Chapter 68. The fee schedule shall be available at the Town Clerk’s Office and on the Town’s website at www.townofconcordny.com.

Sec. 612-2. Application fees.

Effective ______, 2017, section 162-2 is repealed in its entirety. Application Fees are set forth in Chapter 68. The fee schedule shall be available at the Town Clerk’s Office and on the Town’s website at www.townofconcordny.com.