REGULAR MEETING, TOWN OF LIVONIA April 7, 2011

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1 A regular meeting of the Town Board of the Town of Livonia, County of Livingston and the State of New York was held at the Livonia Town Hall, 35 Commercial Street, Livonia on. PRESENT: Eric Gott, Supervisor Andy English, Councilmember Matt Gascon, Councilmember Angela Grouse, Councilmember Frank Seelos, Councilmember Betty Miles, Clerk Jim Campbell, Town Attorney OTHERS PRESENT: Several Residents. The meeting was called to order by Supervisor Gott at 7:00 PM. The pledge was led by Tim Brandusi. PRIVILEGE OF THE FLOOR A resident wanted to know how long East Lake Road will be closed for road work? Supervisor Gott stated that the road will be closed in sections, the cross over pipes are being replaced and new culverts will also be installed. Supervisor Gott was asked where the culverts would be, he indicated that he was not sure. This resident also asked if the work will be completed by July 3 rd. Supervisor Gott responded that he didn't know, but he did not think so. RESOLUTION APPROVE MEETING MINUTES MARCH, 2011 On motion of Councilmember Gascon seconded by Councilmember Grouse the following Resolved to approve the meeting minutes from March 17, 2011 as written. TOWN CLERK REPORT FOR MARCH, 2011 Financial Report Clerk Miles gave the following Town Clerk financial report for March, 2011: DISBURSEMENTS PAID TO SUPERVISOR FOR GENERAL FUND $1, PAID TO NYS DEC FOR DECALS $73.70 PAID TO COUNTY TREASURER FOR DOG LICENSES $ of 9

2 PAID TO NYS AG & MKTS FOR SPAY/NEUTER PROGRAM $80.00 PAID TO NYS HEALTH DEPARTMENT FOR MARRIAGE $22.50 LICENSES TOTAL DISBURSEMENTS $1, Web Site There were 902 visits to the web site in March for an average of 29 per day. Average length of visit was 0:36. RESOLUTION APPROVE MONTHLY REPORT-MARCH, 2011 On motion of Councilmember English seconded by Councilmember Seelos the following Resolved to approve the March, 2011 Report. RESOLUTION ACCEPT TOWN CLERK 2010 ANNUAL REPORT Clerk Miles gave the following Town Clerk 2010 Annual Report: RECEIPTS: 12 Interest and penalties on taxes Marriage Licenses DECALS 18, Marriage Copies Registrar's Fees 2, Recreation Fee-New Home Zoning Fees Planning Fees Site Plan Review Fee Refuse and Garbage Games of Chance Licenses Bingo Licenses Bingo Receipts Building Permits Junkyard Permit Door to Door Permits Flood Plain Permit Bldg/Zoning minor sales Recreation Fees of 9

3 2 Copies Miscellaneous Revenue Dog Licenses 7, Total Receipts 47, DISBURSEMENTS: Paid to Supervisor for General Fund 23, Paid to NYS DEC for DECALS 17, Paid to County Treasurer for Dog Licenses 1, Paid to County Treasurer for Dog Licensed (town share) 3, Paid to AG & Markets for Dog Licenses Paid to NYS Health Dept. for Marriage Licenses Paid to State Comptroller for Games of Chance Licenses Paid to State Comptroller for Bingo Licenses of 9 Total Disbursements: $47, On a motion of Councilmember Grouse seconded by Councilmember Gascon the following Resolved to accept the 2010 Town Clerk Annual Report. There was discussion regarding the traffic study for Federal Road. The Regional Traffic Engineer of the Department of Transportation has conducted a survey of Federal Road. Town Clerk Colleen West has received a letter from the DOT regarding the results of their study. This letter stated that due to roadway characteristics, radar data, and the review by the State Police, they have determined that a reduction of the speed limit is not warranted at this time. Supervisor Gott also stated that the DOT is presently conducting a traffic study on Route 20A in Hemlock to extend the 35 mile per hour speed limit north from Big Tree Road along Route 20A. TOWN HALL UPDATE AND PROPOSAL DISCUSSION Supervisor Gott asked Tim Brandusi to bring the board up to date on the finishing touches in the courtroom, foyer and exterior. He explained that the main entrance would be done in sandstone with Town of Livonia engraved above the doors. Supervisor Gott stated that the lettering would give a 3D effect. He has talked with Precision Engraving

4 in Geneseo. The engraving the town is looking at will be done in metal/steel and would be done in black. Tim told the board that he had talked to Clerk West about picking out paint colors, limited to two colors. It was decided to paint green (like a celery green) and yellow (soft yellow). Green would be used in the foyer and the town clerk's office and yellow would used in the courtroom and all of the rest of the offices. Tim put together a model of the entrance to the courtroom using the red oak in the model. This model showed how the red oak would look viewing from the foyer and also viewing from inside the courtroom. The cost of materials is approximately $ with the trim work and installation is easy. Question was asked if the red oak would be stained. Response was no, the oak would be left natural with a coating of sealant. Councilmember Gascon was asked how long will it take for the wood to be cured? Tim stated that the red oak is already cured. A statement was made that the courtroom would be used for town board meetings and other purposes. Supervisor Gott thanked Tim for coming. Tim thanked the town board for hiring local. Supervisor Gott thanked all the employees for their patience with working under the conditions that have existed and still exist. He stated that the vault door is installed and is gray. Dave Coty will be starting with fill for the parking lot soon. Insulation is approximately 80% complete and the remaining ceiling insulation will be complete by this next weekend. The drywall has been delivered and currently being installed. The south end of the building and the town clerk's office is hung. Two furnaces and the duct work have been installed and are operational. All the rough work in the mechanicals have been installed. Sewer lateral connection has been completed. Two parking lot catch basins and associated piping will be completed by Monday. A 4 water service line will be installed Monday. Mike Bernard has removed the north side doors, basement doors, and basement windows. He has filled in the masonry openings and completed new mechanical room door opening. In addition he completed the masonry vault opening and installed the vault door. He has also been asked to install the south side masonry door opening and the cut through masonry opening to connect the hallway for both sections of the building The job site trailer has been returned. National grid is scheduled to install and remove the utility poles on April 18 th. Masonry materials to have limestone window sills ($500), galvanized steel lintels ($1700), colored mortar mix for the masonry veneer ($1880) and a rental Lull ($1200/month) to move and place the masonry units. The board will need to consider which alternative design they want relative to the front entrance drawing 4 of 9

5 sheet A-6. Limestone lintel with Town of Livonia embossed looks impressive. Pat Diogardi will begin the masonry veneer next Thursday/Friday, will take approximately four weeks. We have not received completed materials estimates and labor estimates for the clerk's cabinets, counter tops, court justice bench, and lobby display case. Has asked for four estimates. Kevin has distributed two requests for estimates to Tim Wahl and Bernhardt's. He expects to have those estimates for the boards review by the next meeting, April 28 th. One of the estimates is expected in Kevin's office early next week. We have not distributed trim labor request. Kevin expects to obtain at least three estimates to consider for this work. Kevin will also have those for the next meeting. The board should determine the interior paint color for the inside as soon as possible. Kevin suggests that the board order the paint from Smith Lumber since the painter prefers their paint. The cost for Phase 1 of this project will be $ Interior wood trim has been ordered from Smith Lumber. The drywall in the new part will be completed and ready for paint two weeks from this Friday, April 8 th. The hallway stairs will be delivered next week and Mike Bernard will be doing the installation of the stairs. Supervisor Gott stated that the building expenditures are presently $477, This figure does not include the drywall, drywall labor, and parking lot. Supervisor Gott expressed his frustration over the extra costs, he also stated that Tim Brandusi has been great. Tim has always answered questions and been available when called on at no extra charges or fees. STREAMBANK REMEDIATION GRANT Supervisor Gott updated the board on the Stream bank Remediation Grant. Attorney Campbell is working very close with the state on this project. Supervisor Gott has talked with the Conesus Supervisor, Brenda Donahue, regarding this project and they have not totally bought into this project. They feel there are too many red flags. Supervisor Gott stated that he understood the Town of Conesus's position. The project was stalled for the longest time, but now there seems to be a since urgency. He has received a call from County Planning, they are going to try to get an extension of the April 14 th deadline date. He also expects that the Village of Livonia will follow the towns lead. Supervisor Gott asked Attorney Campbell to bring the board up to date on any information he might have. Attorney Campbell stated that this project is a multijurisdictional project. All the towns involved in this project need to be committed. Town of Livonia will be on the front line dealing with the state. He has many concerns, 5 of 9

6 due to the scope of the project, we need to ensure that it is being done write, and we need to be paying attention. Those involved in this project need to be proactive. He does not like the contract, he will be checking to find out if Livonia is going to be made liable, there is no budget line item for legal services. Supervisor Gott brought up that permanent easements will have to be obtained to get access to properties. The question is who will handle getting the easements? It is possible that when you talk with a property owner face to face and he is willing to give the town access, but when it comes to signing on the dotted line he/she may feel differently about signing. Question was asked as to how many easements would have to be obtained? Attorney Campbell did not know. Attorney Campbell stated that there would have to be a guarantee of quality control of the easements. An abstract will have to be obtained along with a title examination search. He expressed concern over so many unknowns. A lot of hours involved and a lot of responsibilities. Supervisor Gott indicated that we will need a formal resolution from all the towns. The Town of Livonia will not budget for it, but it will impact the fund balance. Councilmember English asked if the Town of Conesus decides to scale back their responsibility, how would that impact Livonia. Attorney Campbell stated that he didn't know how or if would affect us. He is not sure that the state would consider moving forward on the project if any town scaled back or decided not to participate. The deadline is Thursday, April 14 th and Supervisor Gott is prepared to call a Special Board Meeting if necessary. Attorney Campbell stated that he could not recommend entering into this agreement if all the towns involved are not on board completely. Supervisor Gott stated that financially there will be no problem for the Town of Livonia to enter into this agreement. INTER-MUNICIPAL AGREEMENT WITH COUNTY RE: EQUIPMENT USE Supervisor Gott brought up the agreement between the County and all the Towns in Livingston County which allows the towns to use county owned equipment, machinery, and tools. RESOLUTION On a motion of Councilmember English seconded by Councilmember Gascon the following ADOPTED Ayes - 5 (Gott, English, Grouse, Gascon, Seelos) Nays - 0 Resolved to approve accepting the Inter-Municipal Agreement with Livingston County and all the Towns in Livingston County allowing the towns to use county owned equipment, machinery, and tools and designating Supervisor Gott to sign this agreement on behalf of the Town of Livonia. 6 of 9

7 BARN CAT ASSOCIATION Supervisor Gott explained that Dave Coty received a call from an organization called Barn Cat Association. This group wants to use the town highway barns to spay/neuter cats. He explained that they except donations and sell shirts to promote and allow them to continue the spay/neuter of cats due to over population. Supervisor Gott stated he would find out additional information about this group. Councilmember Grouse felt she would support this program if it is a legitimate group. BASKETBALL HOOPS Councilmember English told the board that the basketball hoops are in and Supervisor Gott and himself will pick them up. Dave Coty will dig the holes for the poles. Supervisor Gott looked into fencing to put around the court. Batavia quoted a price of $6, and NYS Fence quoted a price of $12, There was discussion regarding how much this basketball court is costing. Several suggestions were put before the board. Attorney Campbell suggested a fund raiser. Councilmember English suggested a tournament. Councilmember Grouse asked if the recreational fees that are collected by building and zoning could be used? Attorney Campbell asked if the town could put fence on the backside toward the outlet and then for the sides use a netting similar to the netting at Minnehans. Supervisor Gott indicated that Councilmember English and himself will work up specifications and put the fencing up for bid. Possibly request a bid for fencing on all four sides, a bid for three sides only, and a bid for one side only (the outlet side). RESOLUTION EXECUTIVE SESSION On motion of Councilmember Seelos seconded by Councilmember Gascon the following ADOPTED Ayes 5 (Gott, English, Gascon, Grouse, Seelos) Resolved to enter into Executive Session with Town Attorney Jim Campbell at 8:40 PM to discuss the contract negotiations and employment. RESOLUTION RESUME REGULAR SESSION On motion of Councilmember Grouse seconded by Councilmember Seelos the following ADOPTED Ayes 5 (Gott, English, Gascon, Grouse, Seelos) Resolved to resume Regular Session at 9:00 PM. RESOLUTION of 9

8 RESCIND PRIOR RESOLUTION TO ACCEPT BID OF $202,798 FROM KENTWORTH OF BUFFALO FOR 10 WHEELER CHASIS, DUMP, AND PLOW EQUIPMENT. Supervisor Gott told the board that the bid from Kentworth will have to be rejected and the town will have rebid for the 10 wheeler. There will be 2 separate bids, one bid for the 10 wheeler cab chassis and one bid the the plow equipment and dump box. He will ask Clerk West to put a bid notice in the Livingston County News with a bid opening for both bids on May 5 th at 10:00 am. Attorney Campbell stated that the town board will have to rescind the resolution that accepted the Kentworth Bid. On motion of Councilmember Gascon seconded by Councilmember Grouse the following Resolved to rescind Resolution , which accepted a bid for a 10 wheeler chassis, a plow, and a dump box from Kentworth of Buffalo for $202, due to some inconsistencies. RESOLUTION TO POST BID NOTICE AND SET BID OPENING FOR 10-WHEEL TRUCK, PLOW AND DUMP BOX PURCHASE On motion of Councilmember English seconded by Councilmember Seelos the following Resolved to authorize Highway Superintendent Dave Coty to get specifications to Clerk West so she can advertise for bids. One bid will be for the purchase of a new 10-wheeler truck chassis and One bid for the purchase of plow and dump box. Further resolve to set the bid opening for May 5th at 10 AM. INTERNAL PHONE SYSTEM Clerk West contacted Hurricane Technologies Inc. and ICS Telecom to get quotes for an internal telephone system. Each company was asked to also give us a second quote on a system, if we were to use some of our existing equipment. Hurricane Technologies came back with a quote of a totally new system only at a cost of $12, ICS Telecom came back with a quote reusing 9 of our existing sets, new system and retrofitting the new system with the old at a cost of $5, Sarah from ICS Telecom stated that retrofitting the old with the new could probably be done but there could be problems with the old system when it comes to loading everything on the old system. She gave us a 8 of 9

9 quote of a totally new system at a cost of $7, The new system will give us additional phones, which we need, and a central dialer. This system will link with the highway department and fire department. Supervisor Gott suggested going to the new system from ICS Telecom. The chances of retrofitting the old system smoothly is slim without creating more problems. With new systems we can have up to 60 phones. RESOLUTION On motion of Councilmember Seelos seconded by Councilmember Grouse the following Resolved to except the quote from ICS Telecom of $7, for the new internal mitel 5000 telephone system with 4 ports of voic with auto attendant. RESOLUTION AUDIT OF CLAIMS On motion of Councilmember Gascon seconded by Councilmember Seelos the following ADOPTED Ayes 5 (Gott, English, Gascon, Grouse, Seelos) Resolved to pay claims numbered 247 to 315 in the amount of $214, from the Abstract dated. With no further business, on a motion of Councilmember English seconded by Councilmember Seelos the meeting was adjourned at 9:15 PM. Carried unanimously. Respectfully Submitted, Betty L. Miles, Deputy Town Clerk 9 of 9