Supervisor Moffitt called the meeting to order at 7:00. The Pledge of Allegiance was recited.

Transcription

1 A Regular Meeting of the Mendon Town Board was held at 7:00PM, Monday, March 12, 2012, at the Mendon Town Hall, 16 West Main Street, Honeoye Falls, NY. PRESENT: ABSENT: John D. Moffitt, Supervisor Morris W. Bickweat } Mary Louise Meisenzahl } Town Board (appointed during meeting) Michael E. Roberts } Members Wayne H. Menz } None TOWN CLERK: James P. Merzke, Town Clerk OTHERS PRESENT: William E. Smith, Highway Superintendent, Sheldon W. Boyce, Town Attorney Gary Loope, Deputy Highway Superintendent/Highway Clerk, Timothy L. Smith, Recreation Leader, Dr. Edward J. Walsh, Jr., Planning Board Chair, Bruce L. Peckham, Library Board of Trustees Treasurer, Connie Kellogg, Recreation Commission/Parks Advisory Committee, and approximately 11 other people. Supervisor Moffitt called the meeting to order at 7:00. The Pledge of Allegiance was recited. AGENDA (Resolution ) A motion was made by Mr. Bickweat, seconded by Mr. Menz, to adopt the agenda as presented. Adopted: Mr. Bickweat, Aye; Mr. Menz, Aye; Mr. Roberts, Aye; PUBLIC COMMENT No one from the public wished to speak. TOWN BOARD VACANCY APPOINTMENT (Resolution ) A motion was made by Mr. Menz, seconded by Mr. Roberts, to adopt the following: WHEREAS, a vacancy exists on the Mendon Town Board due to the resignation of Town Board Member Karla F. Boyce, duly filed in the office of the Town Clerk and effective December 31, 2011, and WHEREAS, Mary Louise Muffy Meisenzahl, residing at 3 Livingston Street, Honeoye Falls, a qualified resident and elector of the Town of Mendon has expressed an interest in fulfilling the current year (2012) of former Town Board Member Boyce s term, and WHEREAS, it is the considered opinion of this Town Board that Mary Louise Meisenzahl should be appointed to fulfill said year. NOW, THEREFORE, BE IT RESOLVED, that Mary Louise Meisenzahl is hereby appointed to the Mendon Town Board, effective immediately, term to expire December 31, Adopted: Mr. Bickweat, Aye; Mr. Menz, Aye; Mr. Roberts, Aye; Ms. Meisenzahl was administered the Oath of Office by Town Clerk Merzke and she joined the Town Board members at the table. COMMUNICATIONS Town Clerk Mr. Merzke reported on the collection of taxes and the upcoming and various primary elections. Highway Superintendent Mr. Smith distributed and read his report to the Board.

2 Supervisor Supervisor Moffitt reported that Marge Osterling had submitted her formal resignation from her duties at the Town Hall, the Mayor s desire to erect banners honoring local service members, the BAN renewal for the Library Capital Project, and updated the Board on the insurance company. MINUTES (Resolution ) A motion was made by Mr. Roberts, seconded by Mr. Bickweat, to approve the minutes of the regular meeting held on February 13, 2012, as presented. SUPERVISOR S MONTHLY REPORTS (Resolution ) A motion was made by Mr. Bickweat, seconded by Mr. Roberts, to acknowledge receipt of the Supervisor s Monthly Reports for December 2011, January 2012, and February TOWN CLERK S MONTHLY REPORT (Resolution ) A motion was made by Mr. Bickweat, seconded by Mr. Roberts, to acknowledge receipt of the Town Clerk s Monthly Report for February, 2012, showing receipts and disbursements in the amount of $2, VOUCHERS General Abstract (Resolution ) A motion was made by Mr. Roberts, seconded by Mr. Bickweat, to approve all claims on vouchers numbered to , on General Abstract 12-03, in the amount of $719, Highway Abstract (Resolution ) A motion was made by Mr. Roberts, seconded by Mr. Menz, to approve all claims on vouchers numbered to , on Highway Abstract 12-03, in the amount of $52, Library Abstract Vouchers numbered to , on Library Abstract 12-03, in the amount of $4,480.30, were presented to the Town Board for payment, already having been approved by the Library Board of Trustees. PRESENTATION SUMMER RECREATION PROGRAM UPDATE Recreation Leader Smith appeared before the Board and updated them on his efforts to satisfy the Monroe County Health Department s regulations for the Summer Recreation Program. SUMMER RECREATION PROGRAM PAYROLL APPROVAL DISCUSSION Mr. Bickweat reported to the Board on a Comptroller s audit of another Town, faulting them for not having the Town Board approve the compensation for seasonal employees. The Board discussed with Recreation Leader Smith the need for the Mendon Town Board to approve the salaries of all employees of the Summer Recreation Program.

3 RECREATION LEADER JOB DESCRIPTION APPROVAL (Resolution ) A motion was made by Mr. Menz, seconded by Mr. Bickweat, to approve the Recreation Leader Part Time job description obtained from the Monroe County Civil Service Commission for use in the Town of Mendon. HIGHWAY DEPARTMENT HAMLET STREET LIGHTING CONTRACT APPROVAL (Resolution ) A motion was made by Mr. Bickweat, seconded by Mr. Roberts, to continue the current agreement with Power & Construction Group (which includes Livingston Lighting and Power) through 2012, to repair and maintain the Town s Energy Only Street Lighting. Labor and Material costs will be billed according to their 2012 rates as stated in their Contract dated January 25, HIGHWAY DEPARTMENT RESOLUTION OF TOWN BOARD TO COMMIT FUNDS TO SALT BUILDING PROJECT (Resolution ) A motion was made by Mr. Bickweat, seconded by Mr. Roberts, to adopt the following: BE IT RESOLVED, by the Town Board of the Town of Mendon, duly assembled: 1. The Supervisor shall transfer $40,000 from the Highway Part-Town Reserve Fund, account DB Transfer to Capital Projects, to Capital Project Account H5031.1R, to be used for the construction of a salt shed. 2. This resolution is subject to a permissive referendum. LEHIGH VALLEY TRAIL ENHANCEMENT PROJECT CONTRACT EXTENSION FISHER ASSOCIATES Supervisor Moffitt stated that he has requested a meeting of all the parties involved in this project and that he would like to defer this topic until after that meeting. The Board agreed. TOWN HALL IT SUPPORT ASSESSMENT CONTRACT SYSTMS OF NEW YORK (Resolution ) A motion was made by Mr. Roberts, seconded by Mr. Bickweat, to authorize the Supervisor to enter into a contract with Systms of New York, Inc., 45 East Avenue, Rochester, NY for the purpose of assessing the current computer environment of the Town Hall and providing recommendations at a cost not to exceed $2,500.00, from account A , to be transferred from the Contingent Account. PARKS ADVISORY COMMITTEE APPOINTMENTS (Resolution ) A motion was made by Mr. Roberts, seconded by Mr. Bickweat, to appoint Edward G. McClive, Jr., 667 West Bloomfield Road, and Jeffrey L. Sens, 1013 Mile Square Road, to the Parks Advisory Committee, terms to expire December 31, 2012.

4 FARMER S MARKET ADVISORY COMMITTEE APPOINTMENT (Resolution ) A motion was made by Mr. Roberts, seconded by Mr. Menz, to appoint Shari F. Stottler, 69 Ontario Street, to the Farmer s Market Advisory Committee, term to expire December 31, BICENTENNIAL ADVISORY COMMITTEE AMEND COMMITTEE SIZE AND APPOINT (Resolution ) A motion was made by Mr. Bickweat, seconded by Mr. Roberts, to replace Section 1 of Resolution , adopted May 23, 2011, as follows (Sections 2-4 remain as adopted): 1. There is hereby established a Bicentennial Advisory Committee, consisting of not less than five, nor more than thirty members, to be appointed annually. Committee members will serve without compensation. FURTHER, the following individuals are appointed to the Bicentennial Advisory Committee, terms to expire December 31, 2012: Walter G. Mike Alcorn, Irene S. Bennett, J. Robert Blaine, Michael C. Bonadonna, Glenn Clark, Jackie Crego, Alison DeMarco, John M. Farrell, Matthew French, Steven T. Hahn, Diane C. Ham, Eileen Havens, Blake Held, Paul T. Pete Kavanaugh, Amy Kordovich, James Lagnese, Arnold J. Jack Leckie, Donald Majewski, Donald Avery Menz, Mary Lynne Menz, Wayne H. Menz, Peggy Potter, Timothy Schiefen, William J. Soehner, Geoffrey P. Tesch, Stephanie Tolan, and Kenneth Tomaszewski. COMMUNITY CONCERT BAND ANNUAL CONTRACT APPROVAL (Resolution ) A motion was made by Mr. Bickweat, seconded by Mr. Menz, to adopt the following contract between the Town Of Mendon, a municipal corporation, (the Town) and the Honeoye Falls Community Concert Band (the Band). 1. The parties mutually agree to provide musical entertainment for the residents of the Town of Mendon between January 1, 2012 and December 31, The Band agrees to provide and perform at least two concerts during The Band will perform the concerts in the Town at such times and locations as are designated by the Town. 4. The Band will provide all the necessary instruments and equipment for the performance of the concerts. 5. The Town will pay the Band the sum of Two Thousand Dollars ($2,000.00). 6. The parties agree that the Town will not be responsible for any damage or injury suffered by the Band, its members, agents and/or employees including personal injuries and property damage to the equipment of the Band. 7. The Band will not be responsible for any injuries or damages sustained by any person other than Band members, agents or employees who attend the concerts, and the Town agrees to indemnify and hold harmless the Band and its members, agents and/or employees from any claims or causes of actions made as a result of any damages to people attending the concerts. This paragraph will not apply to injuries or damages caused intentionally or negligently by Band members, agents or employees. 8. THIS AGREEMENT may be executed in two or more duplicate copies, each of which shall be deemed to constitute one and the same document.

5 HONEOYE FALLS-MENDON HISTORICAL SOCIETY ANNUAL CONTRACT APPROVAL (Resolution ) A motion was made by Mr. Bickweat, seconded by Mr. Menz, to adopt the following contract between THE TOWN OF MENDON (the Town) and the Honeoye Falls-Mendon Historical Society, One Harry Allen Park, Honeoye Falls, New York (the Society). WHEREAS, the Town desires to engage the Society to perform certain services for the Town, pursuant to the terms and conditions stated in this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants herein contained, the parties agree as follows: 1. Services to be rendered. The Town desires that the Society perform, and the Society agrees to perform, the following work: A. Maintain an historical museum, in a building owned by the Village of Honeoye Falls in Harry Allen Park, which will be open to the public. B. Maintain a display of historic photographs and objects pertaining to the Town and the Town Hall in the lobby of the Town Hall. The Town will maintain a suitable display case for such purpose. 2. Town s obligations. The Town will pay for copying and mounting photographs to be used in the display. The Town Board will pre-approve any such expenditures. All photographs which the Town pays to have copied and mounted will be the property of the Town. 3. Status. The Society s status under this Agreement shall be that of an independent contractor, and not that of an agent or employee. 4. Society s performance. All work done by the Society shall be of the highest professional standards and shall be performed to the Town s reasonable satisfaction. 5. Terms of payment. The Town shall pay the Society a total of Eight Hundred Dollars ($800.00) for all work it performs hereunder. Payment shall be made in one lump sum after audit of the appropriate voucher by the Town Board. 6. Museum utilities. The Town shall also pay one-half of the actual cost of gas, electricity and telephone service for the Society s museum at Harry Allen Park. The utilities will be paid by the Village of Honeoye Falls, which will bill the Town in December, 2012 for its share. 7. Federal, state and local payroll taxes. Neither Federal nor New York State, nor local income tax, nor any other payroll taxes of any kind, shall be withheld or paid by the Town on behalf of the Society. In accordance with the terms of this Agreement and the understanding of the parties herein, Society shall not be treated as an employee with respect to the services performed hereunder for Federal or New York State tax purposes. 8. Term. This Agreement s term shall begin on the date hereof and shall remain in force until December 31, Termination. This Agreement may be terminated by the Town at any time for nonperformance, incomplete or unacceptable performance by the Society. 10. Notices. Any notice given in connection with this Agreement shall be given in writing and shall be delivered either by hand to the other party or by certified mail, return receipt requested, to the other party at the other party s address stated herein. Either party may change its address stated herein by giving notice of the change in accordance with this paragraph. 11. No authority to bind Town. Society has no authority to enter into contracts or agreements on behalf of the Town. This Agreement does not create a partnership between the parties. 12. Assignment. This Agreement may not be assigned by the Society without the Town s prior written permission. 13. Waiver. The waiver by either party of a breach of any provision of this Agreement shall not operate, or be construed, as a waiver of any subsequent breach. 14. Modification. No change, modification or waiver of any term of this Agreement shall be valid unless it is in writing and signed by both the Town and the Society. 15. Entire agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings between the Town and the Society. 16. Applicable law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of New York State without regard to its conflicts of law principles.

6 17. Headings. The headings have been inserted for convenience only and are not to be considered when interpreting the provisions of this Agreement. 18. Counterparts. This Agreement may be executed in two or more duplicate originals, each of which shall be deemed to constitute one and the same document. The Board discussed the issue that Supervisor Moffitt discovered of the Town paying for more of the utilities in the Village s Harry Allen Park than just the Historical Society building. Supervisor Moffitt will continue to follow up on this matter regarding a utility meter separation and possible refunds of overpayments. BOWL WITH HIGGINS, LLC REQUEST FOR WAIVER OF 30 DAY MUNICIPAL NOTIFICATION REQUIREMENT STATE LIQUOR AUTHORITY APPLICATION (Resolution ) A motion was made by Mr. Menz, seconded by Mr. Bickweat, to waive the Town Board s 30-day comment period regarding the State Liquor Authority application of Bowl With Higgins, LLC, for an on premises liquor license at 126 West Main Street, Honeoye Falls (Brongo Bowl). TOWN PROPERTY 15 MONROE STREET ROOF The Board discussed the roof on the building at 15 Monroe Street. Mr. Bickweat suggested getting a group from the Friends of the Library, Library Board of Trustees and the Town Board to look at the issue and come up with a recommendation. Supervisor Moffitt will work on getting a meeting set up and will include Mr. Roberts and Town Code Enforcement Officer Thomas G. Voorhees. PUBLIC COMMENT Bruce L. Peckham, 324 Boughton Hill Road, commented on the roof of 15 Monroe Street. Walter Eckhardt, 9 Rittenhouse Drive, commented on the IT Support Contract and the website. Robert A. Maurer, 51 Ontario Street, commented on the hydrofracturing moratorium. Gary Loope, 21, Semmel Road, commented on the Lehigh Valley Train Enhancement Project, the IT Support Contract, and the contract with the Historical Society. ADJOURNMENT (Resolution ) A motion was made by Mr. Roberts, seconded by Mr. Bickweat, to adjourn the meeting at 8:49PM. Town Clerk