Official Minutes A regular meeting of the Town board of the Town of Lima, County of Livingston and the State of New York was held at the Town Hall, 7329 East Main Street, Lima, New York, on the 6 th day of January 2011 at 7pm. Notice was printed in the Sentinel. PRESENT: Supervisor, Pete Yendell Councilwoman, Cathy Gardner Councilman, Bruce Mayer Councilman, Dan Marcellus Councilman, Bill Carey Town Attorney, Steve Kruk Town Clerk, Jennifer Shanks Highway Superintendent, Keith Arner Supervisor Yendell called the meeting to order at 7pm with the Pledge of Allegiance. General Vouchers General voucher s # 1-17 totaling $6,888.63 were approved as presented. Highway voucher s # 1-12 totaling $7,688.53 were approved as presented. Upon motion by Councilman Mayer to approve the vouchers as presented, seconded by Councilwoman Gardner, the vote went as follows: Minutes The minutes of the December29, 2010 meeting were approved on a motion by Councilman Carey, second by Councilwoman Gardner the vote went as follows: Ayes: 4 Yendell, Gardner, Marcellus, Carey Councilman Mayer abstained because he was not present at said meeting. Reports Received and Filed Supervisor Yendell noted he received the Supervisor s Report, CEO Report, Fire Report and Ambulance Statistics for December and will file same. Supervisor Yendell noticed, according to Code Enforcement Officer Luft s report, that work
completed for the Town and Village are not split evenly and wonderers if the CEO reimbursement payment from the Village of 40% should be increased to 50% based on the numbers in his report. Code Enforcement Officer, Luft suggested waiting a year to review the 2011 report. Supervisor Yendell stated he will approach the Village in a year if the report shows that work is evenly distributed between the Town and Village for the CEO. Supervisor Yendell will then ask if the split become 50% /50% for Code Enforcement Services. Code Enforcement Officer Luft mentioned that after reviewing the December 2 nd minutes he wanted to inform the board that he has a running list of Variance applications and decisions ( granted or denied) on file since 1998. Policies, Procedures and Appointments The information listed below indicates facilities, employees, policies and procedures that the Town of Lima will use for the 2011 year: TownBank: Secondary: Town Newspaper: Accounting & Payroll: Supervisor: Town Justices: Deputy Supervisor: Town Clerk/Tax Collector: Deputy Clerk: Superintendent of Highways: Code Enforcement Officer: Librarian: Historian: Records Management Town: Records Management Court: Town Attorney: Secretary to Joint Planning/Zoning Boards: Maintenance: Town Engineer: Registrar of Vital Statistics: Deputy Registrar: Representative-County Traffic Alternate: Custodian: Five Star Bank HSBC, M&T and Canandaigua National Bank Sentinel Baldwin Business Services J. Peter Yendell Elvira Luhowy & Harold Harris Cathy Gardner Jennifer Shanks Mary Smith Keith Arner Paul Luft Cathy Allen Doug Morgan Jennifer Shanks Sara Harvey Steve Kruk Deb Shaughnessy Roy Moses MRB Group Linda Banfield Marsha Osborne Bruce Mayer Pete Yendell Cathy Starr All Highway bills and general bills to be audited the first meeting of the month. Page 2 of 12
MUTUALLY AGREED ON LIAISON POSITIONS: Liaison to Highway Department: Pete Yendell Liaison to Planning Board: Cathy Gardner Liaison to Parks Commission: John Correll/Dan Marcellus Liaison to Recreation Board: Bruce Mayer Liaison to Library Board: Bill Carey Liaison to Ag Committee Cathy Gardner Liaison to Community Services: Crossroads: Dan Marcellus Golden Age: Bruce Mayer Liaison to Cemeteries: Bruce Mayer Liaison to Zoning Board of Appeals: Cathy Gardner Liaison to Village: Pete Yendell Facilities Planning &Buildings/Grounds: Town Board Comprehensive Plan Communications: Town Board Personnel & Employee Relations: Pete Yendell Marketing Commercial & Industrial Growth: Dan Marcellus/ T. Board Expansion of Recreation Program: Bruce Mayer Project Funding & Grants: Bill Carey/T. Board Historical Society Bill Carey The standard workday for retirement calculations for elected/appointed officials not subject to time and attendance reporting shall be 6 hours. These positions include: Town Board Members, Assessor, Highway Superintendent, Town Justices and Town Supervisor. Town Boards & Commissions Joint Town & Village Planning Board Meet monthly,1 st Wednesday (T-appointed by Town, V-appointed by Village) MEMBER ADDRESS TEL. TERM Barry Ingalsbe-Chairman 2036 Michigan Ave. 582-1293 2011-2011(V) George Gotcsik-Vice Chairman 7364 East Main Rd. 624-1854 2011-2013(T) Colleen Allen 1325 Rochester Street 624-1522 2011-2014(T) Doug Best 1411 Bragg Street 582-2956 2011-2012(T) George Harvey 2563 Poplar Hill 624-1981 2011-2011 (T) Rose Reynolds 7304 West Main St. 624-9464 2011-2012(V) Mike Youngblut 7180 West Main St. 582-2974 2011-2013(V) Amy Klausner - Alternate 7926 East Main Rd. 624-5501 2011-2012(T) Zoning Board of Appeals Meet as needed, (T-appointed by Town, V-appointed by Village) MEMBER ADDRESS TEL. TERM Dennis Neenan-Chairman 2275 Clay Street 582-1345 2011-2012(T) Jim Van Dick-Vice Chairman 2031 Rainbow Lane 624-5817 2011-2013(V) John Bailey 1887 Livingston Street 624-1060 2011-2011(T) Duane Fuller 1840 Genesee Street 624-7452 2011-2011(V) Andy Matthews 7340 Doran Lane 624-1386 2011-2013(T) Page 3 of 12
Duane Thompson 2630 Clay Street 624-1423 2011-2014(T) Steve Werner 7280 Kober Drive 624-2611 2011-2012(V) Kenneth Carter, Alternate 7223 West Main Street 624-9246 2011-2012 (T) *waiting confirmation from Mr. Carter to serve as an alternate member. Board of Ethics John Andrews 6963 W. Main Street 582-1137 2011-2015 Michael Oklevitch 7261 Kober Drive 582-2053 2011-2014 Kevin Simmons 7446 East Main Street 624-5586 2011-2013 Hildegarde Turk 7420 College Street 624-1399 2011-2012 Mary Jule Welch 1738 Rochester Street 624-4206 2011-2011 Town Assessor 6 Year Term Robert Morgan 58 Canfield Road, Pittsford 705-2011 2007-2013 Marilyn Zaludny-Clerk Assessment Board of Review Colleen Allen 1325 Rochester Road 624-1522 2008-2013 Doug Best 1411 Bragg Street 582-2956 2007-2012 Gary Milburn 2021 Rainbow Lane 582-2509 2006-2011 John Rutkowski 6963 West Main Road 582-1137 2011-2015 John Sylvester 7457 East Main Street 582-2223 2009-2014 Parks Commission John Correll (Chairman) Pam Greiten John Wadach Recreation Board Leanne Fahy Rhonda Gonyea Melissa Holsopple Rob Sanford Page 4 of 12 Town Representative Village Representative Historic PreservationCommission Martha Sempowski 624-2626 Fran Gotcsik Robin Hargrave Rose Reynolds John Rutkowski Peter Treib Jim Williams Green Energy Committee John Sempowski, Chairman 624-2626 Jim Alday Doug Best Anthony Powell Karen Waldron-Johnson
Lima Golden Age Club A.J. Stephany President 582-2022 Don Schunk V. President 624-3864 Ann Schunk Treasury 624-3864 Sheila Ruth Secretary 624-4160 Sandy Shusda Sunshine Chairman Library Board Shirley Caccamise 2010-2014 Sandy Shusda 2009-2013 Christina Preston- V. President 2007-2011 Pradeep Jangbari- President Expired Sharon Neenan 2008-2012 *** Special Meetings may be called with a two day notice and public posting in 3 locations, example: Town Clerks Legal Bulletin, Kirkwood s, USPS and Save-a-Lot, with notice given to the news media as well.**** Dated January 6, 2011 Upon motion by Councilman Mayer to accept the Organizational information, with said changes: 1. Adding Bill Carey as the Liaison to the Historical Society; 2. Changing Pradeep Jangbari s term on the Library Board from 2010 to expired; and 3. Appointed five new members, with initial terms as indicated, to the Board of Ethics. Motion seconded by Councilman Marcellus the vote went as follows: Blanket Undertaking Supervisor Yendell read the Blanket Undertaking listed below: WHEREAS, section 11 of the Public Officers Law authorizes the governing body of a municipality to procure a blanket undertaking to cover officers, clerks and employees of the municipality who would otherwise be required to post an individual undertaking; and WHEREAS, such blanket undertaking must indemnify against losses through the failure of officers, clerks or employees to faithfully perform their duties or account for moneys or property received by virtue of their position or employment and through fraudulent or dishonest acts committed by officials, clerks or employees covered there-under, now, therefore, be it Page 5 of 12
RESOLVED, that the Lima Town Board consents and approves a blanket undertaking to cover all officers, clerks and employees required by law to post an undertaking which undertaking shall be provided by the following policies: o o Public Officials Liability Policy, provided by NYMIR, Policy Number MPOLTMA001. Government Crime Policy provided by National Grange Mutual, Policy Number F200038Y. Upon motion by Councilman Mayer to accept the Blanket Undertaking as presented, seconded by Councilwoman Gardner, the vote went as follows: RESOLUTION # 1-2011 State Snow & Ice Contract Supervisor Yendell received a letter from Livingston County Highway Department in reference to extension of the State Snow & Ice Control Agreement between State & County. The State has asked that the County extend the Agreement between NYS and the County to include the 2012-2013 seasons. Upon motion by Councilman Mayer, seconded by Councilman Carey, the vote went as follows: Intermunicipal Contract with Schoharie County Supervisor Yendell read a new Intermunicipal Cooperation Agreement between the County of Livingston and the Town of Lima. The Agreement states the County has contracted with Schoharie County to utilize a dog licensing web application developed by Schoharie County; and the Town desires to utilize the same application for their purposes; and the County is willing to allow the Town to access the application provided the Town is willing to accept the same conditions imposed on the County by Schoharie County. The parties agree as follows: 1. The County agrees to allow the Town to utilize the Dog Licensing Web Application developed by Schoharie County. 2. The Town agrees to indemnify the County for any liability imposed upon the County under the County s agreement with Schoharie County resulting from the Town s usage of the web application. Page 6 of 12
3. Either party may terminate this agreement upon 60 days notice in writing delivered to the other party by certified mail, return receipt requested. Upon motion by Councilman Mayer to sign the agreement, seconded by Councilman Marcellus, the vote went as follows: Ayes: 5 Yendell, Gardner, Marcellus, Mayer, Carey Note- this Agreement is of no cost to the Town of Lima. Municipal Cooperation Agreement Supervisor Yendell received the 2011 Amendment to Municipal Cooperation Agreement. This Agreement between the Village of Lima memorializes the then prospective construction, financing operation and management of the new water delivery source and system, and related matters. As of January 1, 2011, and for a term and period ending on December 31, 2011, expenses attributable to the maintenance, repair and upkeep of the water tower, together with the proportional expense of water tower construction and maintenance debt service shall be reallocated and fixed as follows: Village of Lima 89.70 % and Town of Lima 10.30%. This % has decreased from the 2010 rate of 10.67. Upon motion by Councilman Mayer to approve the Agreement, seconded by Councilwoman Gardner, the vote went as follows: Ayes: 5 Yendell, Gardner, Marcellus, Mayer, Carey Procurement Policy Supervisor Yendell noted there were no current changes to the Procurement Policy and entertained a motion to approve the Procurement policy as presented. Upon motion by Councilwoman Gardner to accept the policy, seconded by Councilman Mayer the vote went as follows: Personnel Policy Supervisor Yendell read two (2) new additions to the Personnel Policy. The new additions to the Personnel Policy are as follows: Page 7 of 12
Cell Phone and Pager Policy-In accordance with position responsibilities, some employees of the Town are issued a cell phone or pager for the conduct of Town business. Employees who are assigned a cell phone or pager will maintain the unit in service and will accept calls from other Town personnel or public during all scheduled work hours. Deferred Compensation-All employees may elect to contribute to a deferred compensation plan. Such deferral amounts are not matched by the Town. Upon motion by Councilwoman Gardner to approve the Personnel Policy with said changes, seconded by Councilman Mayer, the vote went as follows: Investment Policy Supervisor Yendell and the Town Board agreed to accept the Investment Policy as presented. Upon motion by Councilman Mayer, seconded by Councilman Marcellus, the vote went as follows: Partial Exemption Town Attorney Kruk distributed a proposed local law providing a partial exemption from taxation by the Town pertaining to improvements to certain converted mixed-use real property. The Board discussed the proposal, noting that it would not result in a decrease in existing tax collections but rather it would defer increased tax collections on qualified building improvements. Board members concurred that this proposal supports and encourages building owners to invest in such improvements. This type of investment supports an important community goal to improve Lima s business district, and to improve housing opportunities located therein. Town Attorney Kruk asked that the board consider a public hearing and accept this proposal to become a local law for the Town of Lima, contingent upon action by the Village to enact the same proposal, as he believes this would serve as an investment for the future. Motion by Councilman Mayer to hold a public hearing at February 3 rd regularly scheduled meeting, seconded by Councilwoman Gardner, the vote went as follows: Page 8 of 12
Public Water Supply Inspection Report Supervisor Yendell read a letter from Livingston County Department of Health. The letter stated the Town of Lima Public Water Supply System is operated in compliance with the requirements of New York State Sanitary Code Subpart 5-1 Public Water Systems, a facility sanitary survey was conducted on November 30, 2010. The survey of the water supply system ensured that there were no existing public health hazard violations at the time of the inspection. The condition and operation of the water system are in good order. Mr. Arner and his fellow operators do a fine job maintaining the system and preparing the required reports Eliminate Unfunded & Under Funded Mandates Supervisor Yendell informed the board that the Livingston County Board of Supervisors passed Resolution # 2010-266 which urges the State of New York to eliminate unfunded and underfunded mandates when imposing a property tax cap. Councilwoman Gardner suggested we pass a similar resolution to indicate local concern over these potential impacts to our State representatives, Senator Pat Gallivan and Assemblyman Dan Burling. She suggested that Supervisor Yendell might inform other Supervisors of this resolution, noting that such local resolution could have more impact if similar concerns were expressed by all towns in the County. Upon motion by Councilman Mayer to draft and send a resolution supporting reductions in mandates to accompany any enacted property tax cap, seconded by Councilman Marcellus, the vote went as follows: Ayes: 5 Yendell, Gardner, Marcellus, Mayer, Carey Thank You Supervisor Yendell thanked Councilman Marcellus for taking his time to set-up the Town of Lima laptop. Individual Announcements Councilman Marcellus spoke with Paul Tilly Agency to obtain cost of liability insurance for the Lima Crossroads Festival and found the prior insurance the Town of Lima had was not properly insuring all aspects of the festival. The prior insurance only covered council persons. Supervisor Yendell told Councilman Marcellus to speak with Robert Wallace of Eastern Shore Associates, the Town of Lima s insurance company, to determine what the additional cost will be to include all aspects of the festival from liability. Page 9 of 12
Councilman Mayer mentioned the Parks Commission meets every 3 rd Monday of the month. Councilman Mayer also mentioned Recreation will be meeting in another week. Councilman Carey said he visited the Fairport Town Hall and noticed all employees pictures, of the Town Board, Zoning Board, etc., were hanging on the walls. He suggested the Town of Lima do something similar so that residents can see who the Town Board members are and match a name with a face. Supervisor Yendell asked Councilman Carey if he would like to coordinate this project. Councilman Carey also mentioned he received information from Jenny Tubbs, that effective October 25, 2009, N-OCL was amended by adding Section 1506-c titled: abandoned cemetery maintenance by cemetery corporations. Upon application and approval by the cemetery board, a cemetery corporation may assume management and maintenance of an abandoned cemetery. The cemetery that assumes this management and maintenance may apply to the Vandalism Fund in the same manner that town applies for funds for the care of an abandoned cemetery. Supervisor Yendell asked Councilman Carey to call to find out if the Town is eligible to receive these funds, as the Town had to assume responsibility of these abandoned cemeteries. The mowing alone in these cemeteries costs around $6,000 a year. An update will be given at the February meeting. Highway Superintendent Arner mentioned the specifications to purchase a new truck are in the Town Hall, Town Clerk s office. One bidder to date has stopped in. The deadline is the 19 th of January. Highway Superintendent Arner will get a date from Shanks Enterprises for the spring clean-up. When such date is determined it will be published in the Sentinel and posted to the new Town of Lima Website: lima-ny.org. Highway Superintendent Arner said he and his crew will be removing some dead, diseased trees within the right-of-way on York Street per a request from Dennis Neenan. Supervisor Yendell asked if the Town should consider a tree replacement program for hazardous trees that are removed from right-of-way areas by the Town. After discussion, it was agreed that Councilwoman Gardner will research tree replacement programs in other municipalities and will report back to the Board in March. She also indicated that she owns the property on York Street that is the location of proposed right-of-way tree removals, that the Town initiated tree removal at this location prior to her ownership, and that Page 10 of 12
further, she will replant trees at this location and will not seek to participate in any new tree replanting program that may be subsequently adopted by the Town. Councilwoman Gardner distributed a memo referencing the new Town of Lima website (lima-ny.org). She encourages everyone to visit the website and suggest ways to improve the usefulness of the website. Councilwoman Gardner mentioned that a monthly discussion will be held to maintain accuracy of information on the new Town of Lima website. Councilwoman Gardner reported receipt of the latest draft of the Agricultural zoning update recommendations from the Consultant, George Frantz. In the Agricultural Farmland Protection Plan, Mr. Franz recommended the proposed sub-division policy, for pre-existing farm houses, be included back in the section of code that deals with special uses. Councilwoman Gardner mentioned that the Agricultural Advisory Committee discussed a code provision that includes more stringent set-back and frontage requirements for barns sited on lots that do not include a residential dwelling and that the Committee, after review, recommended retention of this provision. George Frantz believes this requirement contravenes NYS Agriculture and Markets Law and same would not stand up in court. Councilwoman Gardner has spoken with Dennis Neenan, Chairman of the Agricultural Advisory Committee andfurther discussion on this topic will be held with the Agricultural Committee. Town Attorney Kruk explained that this topic has been the subject of review and that the potential to contravene Ag & Markets Law exists only for barns constructed for agricultural purposes, and not for barns constructed for any other purpose. Councilwoman Gardner expects to have a draft of the zoning distributed to members of the Town Board, the Town Attorney, the Code Enforcement Officer, and members of the Planning and Zoning Boards in the month of January for review and comments. She has discussed the steps required to adopt the new provisions with Town Attorney Steve Kruk and anticipates that this process will be complete by June. Councilwoman Gardner noted that the Town Board appointed a new Board of Ethics and she recommended that an orientation meeting be held to review the Town Code of Ethics and the responsibilities of the Board of Ethics with the newly appointed members. Town Attorney Kruk agreed to prepare and conduct an orientation, most likely to be held In February. Associated with the new Ethics Policy, Councilwoman Gardner distributed an Annual Disclosure and Conflict of Interest Statement. In accordance with Page 11 of 12
discussion held during the development of the Town s updated Code of Ethics, all Town employees and members of boards empowered with decision-making authority will, annually, receive a copy of the Code of Ethics and a copy of the Annual Disclosure and Conflict of Interest Statement for review, signature, and submission to the Town. Councilwoman Gardner asked if Doug Morgan, Historian and Cathy Allen, Librarian, shouldsubmit a written summary, instead of a presentation, for the year ending 2010. The Town Board agreed that a written summary would work and that it would then be on file in their individual folders. Upon motion by Councilman Mayer to adjourn, seconded by Councilman Marcellus, the meeting adjourned at 9:05 pm. Carried unanimously. Respectfully Submitted by: Jennifer Shanks Town Clerk Page 12 of 12