REGULAR MEETING October 10, 2018 TOWN OF PAVILION 7:00 P.M.

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1 REGULAR MEETING October 10, 2018 TOWN OF PAVILION 7:00 P.M. The Town Board of the Town of Pavilion held the regular monthly meeting on October 10, 2018 at the Town Hall, One Woodrow Drive, Pavilion, New York at 7:00PM present were: Present were: Interim Supervisor Dean Davis Councilperson John Rudgers Councilperson Donald Oberlin Councilperson Mark Heineman absent Councilperson James Thater Others: Others: Town Clerk Cindy Starr, Highway Superintendent Joel Offhaus, Robert LaPoint, Bryan Smart, Nancy Swede & Jesse Coots. Interim Supervisor Davis opened the meeting at 7:10 PM. followed by the pledge to the flag. Interim Supervisor Davis offered a moment of silence in memory of Keith Clarke. Councilperson Thater offered a motion, seconded by Councilperson Rudgers to approve the September 12 & September 19, 2018 regular & special meeting minutes as submitted. Interim Supervisor Davis offered a motion, seconded by Councilperson Thater to authorize the clerk to draw a warrant on the supervisor to pay bills. General $14,689.34; T&A $30,719.88; Library $5,040.24; Sewer $9,177.63; Highway $34,538.65; Water $ 12, TOTAL $ 106,

2 Interim Supervisor Davis offered a motion, seconded by Councilperson Thater to approve September 2018 operating statement, monthly bank reconciliation & clerk report. Mark Boylan was introduced as the new Town Attorney. Water districts, water tower and Library lease agreement was discussed. Highway-Joel Offhaus *Patching some roads *Continuing roadside mowing *Helping other Towns Highway-Councilperson John Rudgers-no report Library- Councilperson Donald Oberlin *Discussion of new Library sign *Attendance is still up Boards-Councilperson James Thater *Syntec building has been sold, new owner Levchuk Enterprises has trucking business, larger parking lot and wider driveway is needed, was approved. * Churchville Fire Equipment is purchasing property on Perry Rd, need a special use permit, needs Town and County approval. * Land separation on River Rd. *Complaint letters have been sent to property owners. 2

3 Water & Sewer- Councilperson Mark Heineman-no report Councilperson Thater offered a motion, seconded by Interim Supervisor Davis Resolution No 71, 2018: Median Household Income Survey RESOLVED: Hiring G&G Municipal Consulting Jay Grasso to conduct income survey for South St Rd, York Rd and Perry Rd to Rt 63 for water districts in the amount of $ plus postage. Interim Supervisor Davis offered a motion, seconded by Councilperson Oberlin Resolution No 72, 2018: Transit Rd-SEQRA notice lead agency designation and determination of significance for the formation of the Town of Pavilion Water District #2. Whereas, the formation of Water District #2 has been proposed through public interest which includes real property on a portion of Transit Road in the Town of Pavilion; and Whereas, the real property that will be located in the district and the improvements proposed is more particularly described in the September 2018 Map, Plan and Report as prepared by the consulting firm of CPL of Rochester, New York; and Whereas, in accordance with the provisions of 6 NYCRR Part 617 (SEQRA), the formation of the water district is an Unlisted Action that is subject to SEQRA review; and Whereas, the Town Board hereby declares itself Lead Agency for the proposed action and will determine if the proposed action will have a significant effect on the environment. Now, Therefore Be It Resolved, that there are no other agencies that are required to be involved in the SEQRA review and, as a result, the Pavilion Town Board shall act ro Be It Further Resolved that based upon examination of the Short Form Environmental Assessment (EAF), its own independent analysis of the Proposed Action, 3

4 and comparison with the criteria for determining significance under 6 NYCRR 617.7, the Town Board finds that the Proposed Action will not result in any significant adverse environmental impact and herby issues a Negative Declaration; and Be It Further Resolved that this determination is based on the facts and conclusions as noted in the attached EAF. Councilperson Thater offered a motion, seconded by Councilperson Rudgers Resolution No 72, 2018: Genesee County Health Dept. Water Tower Review RESOLVED: Approve Genesee County Health Department plan review fee for water tower project in the amount of $ Councilperson Thater offered a motion, seconded by Councilperson Oberlin Resolution No 73, 2018: LaBella Associates, DPC, SAM Grant RESOLVED: LaBella Associates, DPC, agreement to provide administrative services to assist in the implementation of the State Assistance to Municipalities (SAM) grant awarded to the Town of Pavilion for the construction of a water storage tank in the amount of $

5 Councilperson James Thater Aye Interim Supervisor Davis offered a motion, seconded by Councilperson Rudgers Resolution No 74, 2018: LaBella Associates, DPC, USDA Rural development project management services. WHEREAS, the Town of Pavilion has received approval for funding from the United States Department of Agriculture-Rural Development, hereinafter referred to as USDA-Rural Development, to construct a new water tank and WHEREAS, the Town has deemed it necessary to hire a consultant to provide administrative services to assist the Town in the implementation of said financial assistance, the expense for said consultant services being covered by said financial assistance, and WHEREAS, the Town of Pavilion Town Board has accepted a proposal from the Consultant to provide said services to the Town, and WHEREAS, the parties hereto are desirous of entering into an agreement outlining the rights and responsibilities of the parties, NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: The Project Management Services Agreement consists to two phases. Phase 1 includes the compilation and submittal of the documentation, forms and certifications specified in the Letter of Conditions and Prior to Bid letter issued by Rural Development for this project. Phase 2 includes activities relating to bidding, construction, compliance and reporting once the Town has satisfied the requirements of the Letter of Conditions and Prior to Bid letter. Councilperson Davis offered a motion, seconded by Councilperson Oberlin to adopt Resolution No. 76, 2018: 2019 Approval of Official Undertaking Bond of Tax Collector RESOLVED: APPROVAL OF OFFICIAL UNDERTAKING 5

6 For Tax Collection Officer [The Official Undertaking/Bond must be filed with the County Clerk.] APPROVAL OF THE PAVILION TOWN BOARD We, the undersigned members of the Town Board of the Town of Pavilion, County of Genesee, State of New York, do hereby approve the attached undertaking or bond as to its form, manner of execution, amount and sufficiency thereof, and to the sureties named thereon. Said undertaking or bond shall be conditioned that the collector of taxes shall well and truly keep, pay over and account for all moneys and property coming into her/his hands as such collector. The Town Tax Collector agrees to forward monies collected by the Tax Collector to the County of Genesee prior to reaching a balance of $500, Interim Supervisor Davis offered a motion, seconded by Councilperson Oberlin Resolution No 77, 2018: Baldwin Business Service Contract RESOLVED: Accept Baldwin Business Service Contract for 2019 in the amount of $10, Interim Supervisor Davis offered a motion, seconded by Councilperson Oberlin to adopt Resolution No : Delinquent Sewer Accounts 6

7 RESOLVED: The Town Clerk has prepared a list of all property owners who owe the Town for sewer service as of October 31, 2018; and WHEREAS, Section 198 (3) (d) of Town Law stipulates that such amounts owing shall be levied against the property to which the service is rendered. NOW, THEREFORE, BE IT RESOLVED, that the attached list in the amount of $7, or as it may be amended before final submission to the Genesee County Treasurer, be and is hereby approved for levying against the individuals 2019 tax warrant Interim Supervisor Davis offered a motion, seconded by Councilperson Thater to adopt Resolution No. 79, 2018: Youth Recreation Program for 2019 RESOLVED: The intention of the Pavilion Town Board to establish a Youth Recreation Program for the year The Town Board of the Town of Pavilion is about to submit an application for such project to the New York State Division of Youth for its approval, and if approved to apply subsequently to NYS for partial reimbursement of funds expended on such project, as provided by Chapter 556 of Law of 1045, RESOLVED, that such application be in all respects approved and that Dean Davis, Interim Supervisor of the Town of Pavilion, is hereby directed and authorized to duly execute and to present such application to the NYS Division of Youth for its approval (Section 2) 7

8 Councilperson James Thater Aye Interim Supervisor Davis offered a motion, seconded by Councilperson Rudgers to adopt Resolution No. 80, 2018: Adopt 2019 Preliminary Budget RESOLVED: Adopting of 2019 Preliminary Budget Councilperson Thater offered a motion, seconded by Councilperson Rudgers to adopt: Resolution No.81, 2018: 2018 Budget Public Hearing Date RESOLVED: Public Hearing for the 2019 Budget will be November 7, 7:30PM Interim Supervisor Davis offered a motion, seconded by Councilperson Oberlin Resolution No 82, 2018: Budget Transfers RESOLVED: Approve the following budget transfers: Transfer From DA Machinery Equipment $40, Total $40, Transfer To: DA A Road Imp. $40, Total $40, Transfer From DA General Repairs Cont $9,

9 Transfer To DA A Road Imp. $9, Total $9, Transfer From: DA Snow Removal Srv $ Transfer To: DA Snow Removal Contr $ Total $ Transfer From: DA Snow Removal Srv. $ Transfer To : DA Snow Removal Contr $ Total $ Interim Supervisor Davis made a motion at 9:11 PM to adjourn meeting seconded by Councilperson Rudgers. Voting all ayes. Respectfully submitted, Lucinda Starr Town Clerk 9