Dratt VILLAGE OF NAPLES VILLAGE BOARD OF TRUSTEES REGULAR MEETING, VILLAGE ANNEX February 15, 2012 PRESENT: Mayor Braun; Trustees Frappier, Williams, Nichols-Scott and Donadio; Attomey Miller; DPW Supervisor Schwartz; Emily McFaul; Holly and Tony Deusenbery; Mary Mueller. 7:00 PM Call to order and Pledge of Allegiance. ROLL CALL: Mayor Braun Present Trustee Nichols-Scott Present Trustee Williams Present Trustee Donadio —~Present Trustee Frappier Present PRIVILEGE OF THE FLOOR: Reservoir Creek Agreement: Tony Deuisenbery said that he is considering purchasing the golf course and part of the process is to determine what agreements are associated with it. It is his understanding that there is an overflow water transfer. There is piping in place from the municipal overflow to an irrigation pond on the golf course property. He asked if there were an agreement in place and if he were to buy the golf course, would a similar arrangement be allowed to continue. He understands that none has been used in the last 3 years. Supervisor Schwartz said that he might have a copy of the old agreement, which is for $100/year for overflow from the old open reservoir. He said that the golf course has its own pump, power and meter charged to them. The piping is under the ground, out of the way and he doesn’t see any reason not to continue the agreement. Mayor Braun asked him to draft an agreement. He agreed and will forward it Attorney Miller for review. Attomey Miller noted that there was a provision that the Village makes no guarantee regarding quality or quantity. There was a discussion that the water line is owned by the golf course and is their responsibility. ‘A motion was made by Trustee Donadio to give Supervisor Schwartz authority to draft an agreement with the golf course allowing for overflow water from Blodgett reservoir to be utilized by them. The draft agreement will be subject to review by Attomey Miller. The motion was seconded by Trustee Frappier and carried with a vote of 5 ayes and 0 nays. DEPARTMENTAL REPORTS ZONING: Report: Trustee Donadio referred to the monthly report, attached. Mayor Braun reported that the Comprehensive Plan update is about half way through and that several realtors have been in the office regarding the pharmacy building. Mobile Food Vendors: Attomey Miller discussed that the Village has in place a local law regarding vendors, hawkers and peddlers. He drafted an update to the definition section to include selling goods ‘on private property on a temporary basis. This would cover pie sales and tents. The intention is to make it part of the peddler law because it includes many exceptions for non-profit organizations and permit requirements. He plans to get copies of the entire law, including the definitions to the Board by next month to determine if this is how they would like to handle it. MINI-18-12 reg 1Draft Planning Board Secretary Contract: A motion was made by Trustee Williams to approve renewal of the contract with Carol Ann Creswell for secretarial services for the Planning Board at $15/hr. The motion was seconded by Trustee Frappier and carried with a vote of 5 ayes and 0 nays. PUBLIC SAFETY: Brush Truck: Trustee Nichols-Scott reported that the Fire Department is requesting permission to purchase a new brush truck for $38,753.92 using fire reserve funds. There was a discussion that the funds are available and a permissive referendum is needed to expend the funds. Since it is from state contract, no bidding is needed. Trustee Nichols-Scott asked if an existing brush truck is being sold and whether other quotes had been sought. It was decided to get the additional information prior to making a decision. DPW: Report: Supervisor Schwartz reviewed the monthly report, attached, Water Certification Laboratory Class: Supervisor Schwartz requested permission for MEO Harvey to join him and MEO Caves at the laboratory class on 3/27 in Wellsville as a refresher in preparation for the practical exam, The cost is $75/attendee, It was agreed to authorize this. Water Valves: Supervisor Schwartz reported that the shut off valve at the High School broke and needed to be replaced. A sixth valve will be invoiced as a result. Spring Boxes: Supervisor Schwartz reported that the collectors at Eelpot have surface water at this time. This is causing the filters to clog. He plans to ditch around the perimeter to alleviate the problem. He discussed that they have been backwashing the filters to extend their life and realize savings. INSURANCE: Trustee Williams reported that the Mayor, Clerk and he met with a representative from NYMIR (NY Municipal Insurance Reciprocal). We expect a quote from them and other insurance firms. YOUTH: Trustee Williams noted that we hope to have the WSI position filled soon. We will begin advertising for the other positions as well. All school facilities should be available for this year’s program. CLERK: Clerk Hicks suggested raising the fee for an official tax search from $3 to $10, which is more in line with other municipalities. A motion was made by Trustee Frappier to raise the fee for a tax search to $10. The motion was seconded by Trustee Nichols-Scott and carried with a vote of 5 ayes and 0 nays. ATTORNEY: Memorial Town Hall: Mayor Braun suggested that since the canon memorial is in limbo, the Village recuse itself from it and exempt the Town and let them take over the building inspection and zoning. He asked Attorney Miller for ramifications. Attomey Miller said that without any information having been submitted at all and no balancing of public interest test having been performed, it sets a bad precedent that we aren’t enforcing our own zoning code. Mayor Braun asked exactly what we need from them. Attorney Miller said that he would like to see an application for a building permit with all the information required of any other building permit. He added that issuance of a building permit is a separate issue from who performs inspections as the construction progresses. He said he is not MINI-18-12 reg, 2Dralt concerned about who inspects. Mayor Braun read the last sentence of the Town's motion, attached, and asked for discussion. Attomey Miller noted that if the Village needed permits for the water filtration construction, it would have been the responsibility of our engineer to get them. If we did and the public interest balancing test had been performed, it would have passed because it was required by the NYSDOH. Regardless, if they are saying “you were wrong in that case, so we get to be wrong in this one”, itis a case of two wrongs don’t make aright. Trustee Nichols-Scott noted that it is mute because they still need to wait for SHPO’s determination. Trustee Donadio agreed with Attorney Miller. MAYOR: Budget: Mayor Braun reported that we are still in the preliminary stages but are trying to keep the increase under 3%, Sewer: Mayor Braun reported that the fees from the engineer have been discounted from $80,000 to $60,000. They have offered to allow payments over 3 years at 2% interest. The monthly payment would be about $1718. Trustee Williams had a concern about charges for updates to the preliminary report. He said that the updates weren’t worth 3-4 times the amount of the original contract. Mayor Braun contrasted the work done with other engineering contracts. Attorney Miller noted that if the Village gets into litigation regarding the fees, the burden of proof for time charged is on the engineer. There was a discussion that a detailed invoice has been received. Trustee Williams said when a contractor’s bill is much higher than originally thought, the options are to either take legal action or pay the bill and not do business with them again. Mayor Braun discussed that this bill was to be part of the sewer project. Supervisor Schwartz noted that when they agreed to do the surveying, they gambled that the project would go through. He said he had brought that up to them. Trustee Nichols- Scott suggested meeting with them to come to an understanding on it. It was agreed that Trustees Donadio and Williams, Attomey Miller and Director of Development O’Hearn will set up a meeting with the engineers regarding the amount owed. Trustee Williams agreed to call them. DEPARTMENTAL REPORTS: A motion was made by Trustee Nichols-Scott to approve the departmental reports. The motion was seconded by Trustee Williams and carried with a vote of 5 ayes and 0 nays. UNFINISHED BUSINESS Water Charges: Trustee Donadio asked about the cost to repair leaking distribution lines outside the Village. Supervisor Schwartz said that it is $200-$300 per hour and it averages about 4 hours per repair. Trustee Donadio asked if this creates a legal issue. Attorney Miller noted that the Village has the authority to run water lines outside the Village and to service those lines, but is not obligated to do so. There was a discussion that part of the justification for charging 1.5 times the water rate to outside users to cover those expenses. This was until the Village came to an agreement with the Town that outside users pay the same rate as inside users in exchange for water property tax exemptions. Trustee Donadio said that since there is a shortfall, maybe we should charge for these things. Supervisor Schwartz noted that many of the service lines running from the Blodgett distribution main are very long and very old. There was a discussion that before the lines begin to fail, it may be advisable to send reminder notices outlining where property owner and Village responsibilities lay. There were discussions about the cost for lost water and the difference between transmission mains and privately installed auxiliary lines. Trustee Donadio asked Supervisor Schwartz to work up a report on the issues. Trustee Frappier agreed to assist. MINI-18-12 reg, 3