News

A special joint meeting of the Town Board of the Town of Lima and the Village of Lima, County of Livingston and the State of New York was held at the Town Hall, 7329 East Main Street, Lima, NY on the 16th day of January 2010 at 9am. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 9:00 am with the Pledge of Allegiance.

Supervisor Yendell read the legal notice to open the public hearing for expending funds from the building reserve fund for the purpose of installing insulation in the Town Hall to reduce problems with ice build-up and to improve heating efficiency. With no discussion at this time, the joint meeting agenda started.

Supervisor Yendell noted that Todd Clarke had purchased the land adjacent to the Mark Tubbs Park from Roger Smith. Mr. Clarke has indicated that he does not have specific plans for the parcel and that he is open to the possibility of selling the parcel for expansion of the park. Councilman Marcellus and Mayer spoke with Mr. Clark about the acquisition of the land. Mr. Clark affirmed his interest and indicated that he would respond with an asking price for the parcel and a map of the included acreage in the near future. He further indicated that he would be willing to allow time for the Town and Village to research and pursue funding for the project.

Supervisor Yendell noted there is a possibility of a grant that could defray up to fifty percent of the purchase price. The actual grant amount would be based on the appraised value of the land. Supervisor Yendell requested that Mayor Luft and the Village Trustees express their thoughts on the possible acquisition. Mayor Luft noted that both the Village and the Town were in agreement with the acquisition of additional land for the park. Access to the trail path system using the old railroad line, adding park benches, burners for campers, and an additional playing field and more parking spaces would benefit the community. Mayor Luft also stated that Jerry Warsaw has always been in favor of park expansion and wanted that stated at this meeting. Councilwoman Lacey as well as Trustee Schwing were overwhelming in favor of this acquisition and welcomed this opportunity made available to the community.

John Correll, a member of the Parks Committee, spoke at length about grant and bond money that can be made available to help defray the cost. He suggested updating the existing pavilion and stated that insulating and closing the sides might make it more appealing for year round use. Mr. Correll also noted that a fundraiser could be undertaken to raise some of the required funds and that, as with the original park effort, volunteers might be able to undertake some of the development work such as excavation.

Supervisor Yendell requested that a joint committee with Town and Village liaisons and the Park Commission determine a path forward and help with grant writing. John Correll indicated that Matt Gaynor and John Wadach from the Parks Commission would be available to work on a plan. Supervisor Yendell suggested that Andy Matthews might be interested too. Mayor Luft requested a financial plan be established. Mayor Luft also stated expand that expansion of park space was identified as an important objective in the Comprehensive Plan.

Attorney Kruk discussed the possibility of combining Town and Village planning boards. Both the Town and the Village would have to initiate a local law separately to institute a joint board each maintaining the same rules for governing. Provisions for a combined board would need to be determined and agreed upon, such as how many members would comprise the board? Both the Town and the Village boards would provide Attorney Kruk with input as to how a combined planning board would be constituted. Attorney Kruk noted that some discussion at the Town Board dealt with the topic of geographic representation to ensure that concerns and interests of from all parts of the community would be represented on a combined board. He suggested that one consideration might be to seek one member from each election district. The function of the planning board would remain the same.

Attorney Kruk explained that actual combination of the boards would entail one or more public hearings to seek public input on the proposal, to abolish the existing Town and Village boards separately and to enact a law to establish a new, combined board

In attending these meetings, Attorney Kruk added that there is support for the proposal from both the Town and Village boards. He also reported that the Town Planning Board was less supportive, with about half the members in favor and half opposed. The Village Planning Board is in favor and actually initiated the suggestion for combining boards. Support has also been expressed by some members of the Town and Village Zoning Boards.

Attorney Kruk said at this point it is a matter of decision to begin the process. This process would take two to three months to implement, although the combination could be adopted, effective at a specified future date, to allow people to get comfortable with the idea.

Supervisor Yendell added what goes on in the Town and the Village has an equal effect on both. Having one board has worked very well for Livonia.

Councilwoman Gardner explained that the Town Board previously agreed to hold a public information meeting on the topic. Councilwoman Gardner asked if the Village would like to participate in a joint meeting. Mayor Luft agreed that informing the public would help address public concerns about change and indicated that the Village would like to participate in a joint public information meeting. Mayor Luft went on to say there is a problem finding volunteers to serve on these boards, and a joint board would alleviate part of that problem.

Councilwoman Gardner offered to prepare a press release to publicize the proposal and to notify the public of the meeting date. It was agreed that she would coordinate with Trustee Paul Fleming to draft a release for review by the Town and Village boards. A public information meeting date and time were established, Saturday, March 13th at 10:00 am.

Supervisor Yendell mentioned that the lease on the copier is due to expire at the end of March. To purchase the copier would cost approximately $2700.00. Town Clerk Shanks will be meeting with a sales representative on Monday January 18th to discuss purchase or rental options. Thereafter more information will be made available to the Town as well as the Village for discussion at the next scheduled meeting.

Councilwoman Gardner spoke with Beverly Gillette who has been researching ways to promote the farm market. Councilwoman Gardner passed out a brochure displaying a variety of street banners. These street banners can be very effective with little investment involved. Councilwoman Gardner asked if the Village would support this type of promotion by permitting banners to be hung on utility poles near each of the four corners and by providing support from the Village DPW to hang and take down the banners at the beginning and end of the farm market season. She explained that there would be no cost to the Village associated with the purchase of the banners and supports. The banners would be designed for Lima’s Farmers Market and would specify the location and time of operation. Mayor Luft urged caution with the purchase of eight banners for a private organization. Mayor Luft agreed to the display of four banners. Mayor Luft indicated the market was originally for farmers’ goods only. It now has a prepared food stand. How much expansion of the market should be allowed before it is now no longer just a farmers market? Mayor Luft would be in favor of four banners for one year to see if any issues may arise.

Councilwoman Lacey mentioned that the Village may receive complaints from citizens for advertising for the Presbyterian Church. Councilwoman Lacey made it clear that the village does not support the church financially and the only service would be to put the banners up and take them down. Attorney Kruk offered an unofficial opinion: The farm market is a positive event for residents and nonresidents alike. It brings people downtown and introduces people to Lima’s local produce.

Councilman Marcellus met with Robert Cooper in Mendon. Mr. Cooper is a consultant hired by the Town of Mendon for telecommunication and network design. He brought up the concept of combining an IP phone system that connects the school to the town hall and the library. This system is currently under-utilized. Mr. Cooper will be doing a feasibility study to determine if a fiber installation would be cost effective. This would combine public infrastructure and allow for a high speed communication line. Mr. Cooper mentioned that there is a high speed communication line available at the Lima primary school. It is an IP based phone system housed and managed by the school. Councilman Marcellus would like permission to allow Mr. Cooper to do a cost analysis for fiber installation and connections. This would be done at no cost to the Town or Village. Permission was granted.

Supervisor Yendell reported that the Town has contracted with NYMIR (New York Municipal Insurance Reciprocal) for the Ttown’s municipal insurance needs. NYMIR requires that any shared services have an inter-municipal agreement. This agreement will need Village and Town signatures. Mayor Luft expressed support and agreed to sign required contracts.

Mayor Luft provided an ambulance update. Lima ambulance has moved to a “pay per ride” ambulance service. This will be the first full year of tracking this policy. To date, $60,000 dollars has been collected from the “pay per ride” policy. The program is on track with approximately $8,000 dollars per month. It is anticipated that first year collections from this program will total approximately $100, 000 dollars by the end of May for the ambulance budget. $ 65,000 dollars is the budget. This is a shared service, with both the Town and the Village contributing to the ambulance budget. Part of the money is used for the ambulance reserve fund. Mayor Luft would like to start defraying the cost of the building bond.

Supervisor Yendell reported that Assessor Bob Morgan is conducting a required town wide revaluation this year. Mr. Morgan has indicated that he anticipates little movement in overall valuation as the local market has been fairly stable since the last revaluation.

Councilman Mayer, who was not in attendance, requested announcement that Town funding for the summer recreation program will be reduced by $1000 dollars, to $6,900 dollars for 2010. This determination was reached by the Town board following review of significantly lower program participation over the past two years and consideration of program fees.

Supervisor Yendell informed the Village that the Town is in the process of updating its Code of Ethics and organizing a new ethics board to review any ethics questions that may arise. Attorney Kruk suggested that the Village might wish to consider the same. Mayor Luft agreed. This will be a topic for future discussion.

Supervisor Yendell distributed a handout titled “Livingston County Development Corporation DBA Alliance for Business Growth and Services for Member Services.” Supervisor Yendell asked that the Town and Village board members review for consideration of approval of the expenditure.

Supervisor Yendell explained the Town’s Time Warner contract. Per the contract terms, 3% of the monies go in a construction fund (that was never established) and an additional 2% goes to the general fund. Since the construction fund was never established, all of the collected franchise fees went to the general fund. The purpose of the construction fund is to provide for build-out of cable service to unserviced areas of the Town. Time Warner has agreed to accumulate the total franchise fee for the next several years until it reaches the amount that should have accrued in the construction account, approximately $32,000. Time Warner will use these funds to install Time Warner cable to a portion of Clay Street. This area was identified by Time Warner as one of the few unserviced areas in the Town, and the one that would benefit the largest numbers of households. Once the accrued construction fund balance has been replaced, it will be up to the Town Board to determine Yendell questioned whether this extra income for the Town is fair to the people that have Time Warner as they contribute more to the general fund than those that do not have Time Warner cable.

Supervisor Yendell asked if anyone would like to speak on the public hearing to move no more than $14,000 from the building reserve fund to the building contractual account. After no discussion at the public hearing, Supervisor Yendell requested a motion by a Town board member to close the public hearing. Upon motion by Councilman Carey to close the public hearing, seconded by Councilwoman Gardner, the public hearing was closed. The vote went as follows:

Councilman Marcellus presented a slide show regarding a new community calendar that has been developed for use by community organizations in the HF-L district area.

Upon motion by Mayor Luft, seconded by Supervisor Yendell the meeting adjourned at 11:05 AM. Carried unanimously.

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 7th day of January 2010 at 7pm. Notice was printed in the Sentinel.

Supervisor Yendell called the meeting to order at 7pm with the Pledge of Allegiance.

Supervisor Yendell informed the board that all newly elected officials have completed their oaths of office and certificates have been distributed.

Supervisor Yendell informed the board that the Town of Lima’s end of year report for 2009 looks good and that he is looking forward to 2010. Supervisor Yendell expressed disappointment that an anticipated mortgage tax check from Livingston County that was not received so it could be deposited for the 2009 books. Supervisor Yendell also complimented the accomplishments made with the Zoning Update project.

All Highway bills and general bills to be audited the first meeting of the month.

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.

*** Regular meetings of the Town Board are held on the first Thursday of each month.***

*** 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.***

Upon motion by Councilman Carey to accept the Organizational information as presented, seconded by Councilman Mayer the vote went as follows:

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

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:

a) Public Officials Liability Policy, provided by Selective Insurance Company of America, Policy Number B6010542.

b) Government Crime Policy proved by Selective Insurance Company of America Policy Number CR 25 34 03 00.

Upon motion by Councilman Mayer to accept the Blanket Undertaking as presented, seconded by Councilwoman Gardner, the vote went as follows:

Upon motion by Councilman Mayer to approve the vouchers as presented, seconded by Councilman Marcellus, the vote went as follows:

Councilwoman Gardner requested that Colleen Allen’s term for appointment on the Assessment Board of Review be entered into the December 30th minutes. With the addition of Colleen Allen’s appointment expiring in 2013 the minutes were approved with a motion by Councilwoman Gardner, seconded by Councilman Mayer the vote went as follows:

Doug Morgan, Lima Historian, distributed a handout titled “2009 Annual Report”. In this report Doug briefly explains the tremendous amount of work completed for 2009. Doug has scanned over 600 Lima Historian files and photographs, videotaped Lima community events to post to the internet for viewing, compiled a master list of names for Lima’s cemeteries, compiling a list of all known business that existed in Lima, photographed all houses on East & West Main Streets, Genesee & Livingston Streets, walked and photographed the entire length of the Lima/ Honeoye Falls railroad, began compiling information for a PowerPoint presentation of Pinco, worked with Gladys Smith, South Lima resident, to compile photos of South Lima to bring together a more complete history of the hamlet, and much more.

Doug’s goals for 2010 are to gather all documents pertaining to the history of Lima and place it at the Town Hall so all information is together in one place, to continue scanning all historian data, add photographs from the Lima Historical Society to the Lima Historical Society Website, offer presentations to the Lima community and establish weekly sessions to allow the public to come speak with him one on one. This may include regular office hours at the Town Hall.

The CEO report and annual report was accepted as presented. Upon motion by Councilman Carey to approve the CEO report as submitted, seconded by Councilman Mayer, the vote went as follows:

Councilwoman Gardner asked Paul Luft to look into the possible implementation of a permit process for construction of new barns. The main purpose of this would be to ensure that new structures are added to the Town’s assessment role at the appropriate time, and to assist with applications for limited-time tax exemptions that apply to such new construction. Code Enforcement Officer Luft suggested that such a procedure might be implemented without a fee and will look into State requirements and report back to the Town Board at the next regularly scheduled meeting February 4, 2010.

Supervisor Yendell read a few changes made to the Personnel Policy. Below are the changes/additions or deletions made and underlined.

The purpose of this document is to establish uniform rules, policies and fringe benefits for the Town of Lima employees.

The Town of Lima is committed to equal employment opportunity. We support all New

ethnic identification, religion, age, sex, marital status, non-job related disability, sexual orientation or any other classification protected by state or federal law.

practicable in relation to space and equipment needs at the employees work location.

Requests for this type of assistance may be made through any member of the Lima Town

The staff is composed of professional, clerical and support personnel, sufficient to

meet the objectives of the Town of Lima. The qualifications and responsibilities of

these positions will generally follow the “Typical Class Specifications for Civil

Full time employees under the New York State Employee Retirement System are those employees that are regularly scheduled and paid for a minimum of a thirty (30) hour week. The Town Clerk shall be a full-time employee.

employee performance is found to be less than satisfactory, such conclusion shall be documented and communicated to the employee, and that party will be given an opportunity to

review. If the performance is not improved to the reasonable satisfaction of the Town

Notwithstanding the foregoing, an employee can be dismissed for cause at any

time if the cause is reasonably deemed to be sufficient to justify immediate

termination. Examples of such include, but are not limited to theft or gross

misconduct.

V. Work Week and Wage Information.

Each work week consists of six (6) days and runs from Wednesday through Tuesday.

Employees work a variety of schedules including evenings and Saturdays. Individual

work schedules are the responsibility of the Town Board and Highway Superintendent.

VI. Vacation Policies and Personnel Leave.

No paid vacation may be taken until an employee has continued twelve (12) months

of continuous service. A staff member will be entitled to vacation credits only upon

completing twelve (12) months of continuous employment. The staffing needs of the

Town Departments shall be the controlling factor in determining whether a vacation is

approved. Employees must obtain prior approval from Town Supervisor or Highway

Superintendent prior to scheduling vacation dates.

If an employee has reached maximum accrual of vacation time and staffing needs result

in the necessity of rescheduling vacation, such scheduling shall not result in loss of

vacation accrual. Eligible employees will be paid for vacation days not used up to a

maximum of five days.

The Town Board/Highway Superintendent must approve by majority vote all vacation

leaves in excess of twelve (12) consecutive working days. This direction as to vacation

planning is intended to ensure that no employee may schedule a vacation for a period

exceeding two (2) calendar weeks without the prior approval of the Town Board/Highway Superintendent.

Entitlement to vacation or paid time off shall be accorded as provided below and is

based on the number of full years of service as of December 31st and the part-time or

full-time status of the employee.

A. Full-Time Staff:

1-2 years of service - 1 week

2-10 years - 2 weeks

11-15 years - 3 weeks

16 years or more - 4 weeks maximum

For purpose of clarification, “one week” of vacation is deemed to be equivalent to

the employee’s customary work week, such that an eligible part-time employee who

has reached five (5) years of service working ten (10) hours per week in a customary

The above stated vacation policy is effective for any part-time employee hired after 05/02/02.

Employees hired prior to 05/02/02 will maintain their current schedule for vacation of 12 days and sick policy of 12 days per year based on part time hours.

After completing one full year of employment service, all full-time employees including

the Supervisor, shall be entitled to earn sick leave of one (1) day per month of service up

to an annual maximum of twelve (12) days. Sick leave is earned incrementally such that

only after completion of one month of service shall one day of sick leave accrue to the benefit

of the employee. In no event shall more than twelve (12) sick days be earned in any one

twelve (12) month period. Full-time employees will be entitled to four (4) hours pay for each

sick day not used during a calendar year or be allowed to carry over unused sick days to

accommodate long term or serious illnesses. Carry over privileges must first be reviewed and approved by the employee’s supervisor and can accrue to a maximum of forty-five (45) sick/personal days.

employee’s physician certifies in writing that the employee’s presence at the

place of work may jeopardize the health of others. Up to ten (10) days of accrued

sick time may be used by the employee in connection with the employee’s active

care giving for a serious illness of a member of the employee’s immediate family

When an employee is sick, it is expected that the employee notify their immediate

supervisor of their illness and inability to report to work before the employee’s normal

time of arrival, but in no event less than two (2) hours prior to the normal work reporting

or arrival time of the employee. Failure to do so is a violation of the employee’s

responsibility and will be taken into account in performance evaluations. Employee’s sick for more than 5 days must report their status and expected return to work on a weekly basis.

When leaving the workplace prior to the normal time of completion of the weekday, the

A maximum of three (3) non-cumulative days of personal leave, if approved by employees

Supervisor may be granted to full-time employees to be used exclusively for religious

employee’s maternity leave requirements, up to a maximum of eight (8) weeks in any

twelve (12) month period. Employees will be allowed to take all accrued time off in

days with pay. In the event of the employee’s brother-in-law, sister-in-law or spouse’s

grandparents, the employee shall be excused from work for one (1) day with pay to

respective supervisor. In addition to such ongoing informal evaluation of performance,

a formal written evaluation may be made and in such event will be discussed with each

employee at least annually. An employee will be given a copy of a written evaluation

In case of a disagreement regarding the written performance evaluation prepared by

deliver to the Board a copy of the written evaluation together with the employee’s

written basis for disagreement with one or more terms of the evaluation, and a request

that the Board review the evaluation. The Board will review such evaluation issues at

the next regular meeting of the Board at which a quorum is present. A written response

will be issued whether they agree with the supervisor’s written evaluation, or not. If the Board does not agree with the assessment, the Board will render a written opinion to be furnished to the employee and to the supervisor, giving the basis for its decision.

All employees are required to give at least two (2) weeks written notice at least two (2)

Staff may be terminated or demoted because of lack of funds, failure to perform their

work, disciplinary reasons, or other just causes. For reasonable cause, the supervisor

may suspend a staff member for up to one (1) week, after receiving approval from the

Town Board. The staff member will receive a written statement of the reasons for the

If the performance of an employee falls below what is considered satisfactory, in the

reasonable discretion of the supervisor, the employee will be warned of the nature of

the deficiency and put on probation before the employee is terminated or discharged.

Evaluations will be used in all appropriate instances in the event of substandard or

All grievances should be brought directly to the Town Board in writing. The Board

will respond in writing within five (5) days of the next regularly scheduled Board

As required by law, the employer pays the employee’s portion of Social Security and

the employee pays the balance according to the legal rate assessed on the specific

All full-time employees are covered by disability benefit insurance as required by law

All employees are covered by worker’s compensation insurance through the Town of

insurance plan then provided through the Town of Lima. The cost of health insurance

the employer, at this time. At this time, all other full-time employees shall be entitled to health

insurance coverage at an employee expense equal to that which is offered to other

determined as a percentage of the total expense or a stated cost thereof shall be

Health/Dental insurance coverage for all employees shall terminate upon the resignation or

retirement of the benefited employee. Employees may continue to participate in group

health insurance benefits (COBRA) but shall be exclusively responsible to pay their

own premium for such coverage on a regular basis as shall be required by the Town’s

A. The Town of Lima will provide EPO 1 or any other reasonably comparable health insurance option to all full time employees.

All current full-time employees who have health and dental benefits with the Town of Lima as of January 1, 2005 shall continue to receive coverage without making contributions.

Any new employee who becomes full-time after January 1, 2005 will pay twenty five percent (25%) of the premium cost with the Town paying the remaining seventy five (75%).

C. Hospitalization shall become effective the first month following the completion of one full calendar month of full-time employment.

Eligible employees will have a timely opportunity to opt in or opt out of the Town

of Lima Health insurance plan for purposes of being covered under the plan of their

spouses or significant others. The Town agrees to pay bi-weekly payments equal to an annual total of $800.00 dollars for dropping individual coverage, $1000.00 dollars for dropping dependent coverage and $1300.00 dollars for dropping family coverage. Any new employee becoming eligible during the first calendar year of employment will have the amount of drop payment prorated.

Retirement System. All full-time employees are required to participate and join the

system. Persons employed in part-time positions may apply for membership but are

not required to do so. The benefits determined by NY State Retirement System are

All full-time employees shall be granted a leave of absence of up to ten (10) working

Mileage at a Board approved rate per mile, plus parking and tolls where appropriate,

will be allowed for use of an employee’s own car for Town business. It is understood

reimbursement rate. For example, as of January 1, 2010 the permitted IRS mileage

reimbursement rate is .50 cents per mile driven in the employee’s private vehicle.

This reimbursement or travel allowance will be paid upon submission of a voucher by

the employee, together with suitable proof of the mileage traveled and any toll or

parking receipts available. In no event will the reimbursement be paid until after

determined. When an employee drives the employee’s private vehicle for authorized

Town business, the employee’s insurance coverage shall control as to liability for any

When an employee is scheduled to work, the employee shall be allowed time off with

pay to take open, competitive and promotional Civil Service Examinations if related

seminars, workshops, and courses directly pertinent to development of the employee.

In no event shall the total annual expenditure of any and all employees, including the

Supervisor, exceed the annually-budgeted sum appropriated for this purpose without

conference, workshop, seminar, or similar program are expected to plan carefully to

responsibility of the employee expending it. In general, while an employee is at a

Smoking: research shows that breathing second-hand smoke is a significant health

hazard for non-smokers, and that it is in the best interest of all persons, employees

and patrons alike, to protect nonsmokers from involuntary exposure to second-hand

tobacco smoke in various indoor areas, including all town facilities. This policy is

permitted in the building. Smoking anywhere on the grounds is strongly discouraged.

Smoking will be permitted, however, outside the building. Smoking in any other area

of Town owned buildings is a violation of this policy and shall be deemed to be an

It is the policy of the Town of Lima to maintain a work environment that is free

available treatment problems, and develop a plan of action for dealing with his/her

substance abuse problem. Employees violating this policy or failing to seek assistance

discrimination and harassment. Title VII of the Federal Civil Rights Act of 1964

makes it “an unlawful employment practice for an employer...to discriminate against

any individual with respect to his compensation, terms, conditions, or privileges of

employment, because of an individual’s....”“sex”. Such discrimination is also made

unlawful by state law [Executive Law, Article 15 - Human Rights Law]. Such illegal

Monday, Tuesday, Thursday & Friday: 8:00 a.m. to Noon and 1:00 p.m. to 4:00 p.m.

Holiday Closings are approved each year by the Town Board for all town employees.

Overtime at a time and one half rate will be paid for all hours worked in excess of 40 hours during an employee’s normal scheduled work week Compensatory time may be taken in

lieu of overtime. The overtime or compensatory time will be at the rate of time and one-half

Upon motion by Councilman Marcellus to approve the Personnel Policy with said changes, seconded by Councilwoman Gardner, the vote went as follows:

Supervisor Yendell and the Town Board agreed to accept the Investment Policy after deleting the last paragraph of the policy, which restricts transfer of funds among approved banks to instances in which a minimum 4 basis point interest differential exists and updating Council members. It was noted that there may be reasons other than interest rate differential to move accounts, such as service provisions. Upon motion by Councilman Marcellus to accept the Investment Policy, seconded by Councilwoman Gardner the vote went as follows:

Supervisor Yendell read two new changes. Under guideline 3 of the policy it says “ all purchases of (a) supplies or equipment which will exceed $10,000 in the fiscal year or (b) public works contracts over $20, 000 shall be formally bid pursuant GML# 103. The new policy reads (b) public works contracts over $35,000. The second change is guideline 5 that reads “insofar as applicable, all purchases shall comply with the Town of Lima Purchas Order Procedure Policy. The new policy will read “insofar as applicable, all purchase shall be accompanied by a voucher.”

Upon motion by Councilwoman Gardner to accept the policy with two new changes stated above, seconded by Councilman Carey the vote went as follows:

Supervisor Yendell read the Emergency Operations Plan for the Town of Lima. Upon motion by Councilman Mayer to approve the Emergency Operations Plan after Council members names are updated, seconded by Councilwoman Gardner, the vote went as follows:

Supervisor Yendell read the Lima Volunteer Ambulance report for December 2009 submitted and completed by Jean Ehrhart, Secretary of the Lima Ambulance. There were a total of 32 calls reported.

Supervisor Yendell read the Lima Volunteer Fire Department report for December 2009 submitted by Chief, Paul Luft. A total of 58 calls reported.

Supervisor Yendell read the December 2009 Supervisor’s report. Upon motion by Councilman Mayer to accept the report as presented, seconded by Councilman Carey, the vote went as follows:

Upon motion by Councilman Mayer to accept the 2010 Town holidays as submitted, seconded by Councilman Carey, the vote went as follows:

Census Bureau will be held in the basement of the Town Hall for the month of March and first week of April.

Supervisor Yendell read a letter prepared by Jon White, Chairman, Livingston County Agricultural & Farmland Protection Board. The letter congratulated the Town of Lima for being the first municipality in Livingston County to prepare a local plan for farmland protection through the New York State Department of Agriculture and Markets planning grant program.

Supervisor Yendell asked Councilman Mayer how he would like to proceed with the Moratorium discussion item. Upon motion by Councilman Mayer to table the moratorium as a discussion item, seconded by Councilman Marcellus, the vote went as follows:

Supervisor Yendell read 2 Thank You cards. First, from Commander of the Veterans of Foreign Wars Post Michael Hayes thanking the Town of Lima for their continuous support. The second from Hildegarde Turk, prior Town Board member thanking the board for the beautiful plaque she received at the Town of Lima’s luncheon.

Councilman Marcellus will work to get updated information on current Park Commission members.

Councilman Mayer said Recreation will hold their meeting on January 21, 2010 for the summer program. He also mentioned the zoning update is on hold, pending the outcome of a review of the provision regarding setback requirements for accessory buildings. The ZBA will report on this review by the end of January.

Supervisor Yendell asked for a motion to allow him to sign the GIS Needs Assessment application when necessary to avoid any delays, second by Councilman Gardner, the vote went as follows:

Councilman Carey thanked the board for having him and stated he is glad to be on the board.

Town Attorney Kruk thanked the board for his reappointment. He also reviewed the George Frantz consulting contract and reported that the contract is satisfactory as prepared and that it may be signed. Upon motion by Councilwoman Gardner authorizing Supervisor Yendell to sign the contract, seconded by Councilman Mayer, the vote went as follows:

Town Attorney Kruk reported that the Borschoff property reassessment matter is ongoing.

Town Attorney Kruk reported that a complaint by Jeff Shanks and John Bean will be discussed with Robert Morgan in hopes to clear up their concerns about the German Club.

Town Attorney Kruk and the Board reviewed the Code of Ethics and recommended some changes and additions. Attorney Kruk will make changes and bring a revised copy to the joint special meeting January 16, 2010 at 9am.

Councilwoman Gardner gave a preliminary update on the Zoning Board of Assessment review of the regulation pertaining to accessory buildings, as referred by the Town Planning Board. She reported that ZBA member Andy Matthews sought an opinion from the County Planning Department regarding the suggestion that a special use permit be used for this purpose. Heather Ferrero, Planner, indicated that use of a special use permit for the suggested purpose would not be appropriate. ZBA Chairman Neenan will request this opinion in letter form and will convene a meeting of the ZBA in January to review this topic.

Councilwoman Gardner reported that Mark Matthews from Wind Tamer presented an overview of the Company’s wind products to the Town Planning Board at its January 6 meeting. The purpose of the presentation was to inform the Board of this new technology in wind energy, and to provide information as to whether installations of such equipment could be accomplished with existing zoning provisions topic on wind turbans. The presentation was to inform people a little more about the new technology that is coming out and if it would facilitate the new proposed zoning.

The Planning Board has taken the initiative to study of design standards that might apply to gateway corridors. Their first step is to identify a speaker to present an overview of what has been done in other communities. As a next step, the Planning Board may engage in study of design standards, possibly with the help of grant funding, with the goal of recommending standards to the Town Board for its consideration. Councilwoman Gardner suggested to the Town Board that it may wish to recommend that additional persons be involved in such study if it is undertaken, as was done with the Comprehensive Plan and zoning update projects.

Website development is progressing slowly because of template difficulties. Bi-weekly meetings are planned for 2010 to further completion of this project.

Lastly, Councilwoman Gardner acknowledged receipt of Mark Petroski’s letter of response to the Town Board’s letter to Mr. Petroski which was sent following the December 3rd, 2009 meeting.

Supervisor Yendell informed the board that he received the Lima Historical Society’s annual report, as well as a year-end report from the Lima Historic Preservation Commission. These reports will be distributed to the board members for review.

Supervisor Yendell informed the board that there is money available through the United States Department of Agriculture Rural Development for water line installation. Forty- five to fifty percent of the project could be funded after completing a pre-eligibility determination package for water loans/grants. However, Supervisor Yendell said based on the survey conducted on Doran Road there was not enough interest to pursue said project. The preliminary engineering costs to start the project would be approximately $6,000 and if the water line project is not approved the Town of Lima would be required to cover that cost. Supervisor Yendell may meet with a representative of Clark Patterson Lee to learn more about the grant funding requirements.

Upon motion by Councilman Carey, seconded by Councilman Mayer the meeting adjourned at 9:10 pm. Carried unanimously.

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, NY on the 3rd day of December 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

The CEO report was accepted as presented. Upon motion by Councilwoman Turk to approve the CEO report as submitted, seconded by Councilwoman Gardner, the vote went as follows:

Supervisor Yendell stated the proposed fee schedule for building permits and inspections should show a new search fee of $25.00 and final plat fees will be increased to $50.00. These will be added to the Town Zoning fees. Upon motion by Councilwoman Gardner to approve the new fee schedule effective January 1, 2010, seconded by Councilman Mayer, the vote went as follows:

Upon motion by Councilman Mayer to approve the vouchers as presented, seconded by Councilman Marcellus, the vote went as follows:

The October report of the Supervisor was approved on a motion by Councilwoman Gardner, seconded by Councilwoman Turk. The vote went as follows:

The November report of the Supervisor was approved on a motion by Councilman Mayer, seconded by Councilwoman Gardner. The vote went as follows:

The November 19, 2009 Minutes were approved. Upon motion by Councilwoman Gardner to approve the Minutes as submitted, seconded by Councilman Mayer, the vote went as follows:

Supervisor Yendell asked for board approval to increase the Lima Golden Age Club funds from $1875.00 to $1930.00 for the 2010 year. Upon motion by Councilwoman Gardner, seconded by Councilman Marcellus, the vote went as follows:

Supervisor Yendell asked for board approval to increase the Historical Society funds from $5105.00 to $ 5355.00 for the 2010 year. Upon motion by Councilwoman Gardner, seconded by Councilman Marcellus, the vote went as follows:

Upon motion by Councilman Mayer to table the Moratorium as a discussion item for another month, seconded by CouncilwomanGardner, the vote went as follows:

Councilman Mayer asked the Zoning Board of Appeals to consider a recommendation put forward by the Town Planning Board regarding Town Code sections 250-14 and 250-23. The recommendation is that the requirement: ‘No detached barn, private garage or other accessory building shall be placed closer to …. the street line than 10 feet to the rear of the main wall of the principal building’ be changed to permit such building to be set further forward, with a special use permit , rather than the current regulation which requires an application for variance to vary this setback requirement. The change would provide for the Zoning Board of Appeals to review all such requests, and to impose conditions to mitigate impacts on nearby properties, if deemed appropriate in accordance with the findings of the review. A report from the Zoning Board of Appeals is requested back to the Town Board by the end of January, seconded by Councilwoman Gardner, the vote went as follows:

Town Attorney Kruk presented the Town Board’s final version of the Peddler’s License. Four (4) additions to the application are: the applicant will be responsible to provide permission and cash payment for a criminal background check, a waiting period of 24 hours before the Peddler’s License is issued to ensure proper handling, a statement and I quote “this license is NOT an endorsement or approval by the Town of Lima for any vendor, product or service” and lastly the license operation date will be seven (7) consecutive days maximum hours between 9 am and 7 pm only. Upon motion by Councilman Mayer to accept the new Peddlers application as of January 1, 2010, seconded by Councilman Marcellus, the vote went as follows:

Town Attorney Kruk touched upon the required provisions of the Code of Ethics: Recusal, Misuse of municipal resources, Gifts, Gratuities, Representation, Appearances, Confidential information, Political Solicitation of subordinates, Future employment, Revolving door and Inducement of others.

Councilwoman Gardner attended a workshop conducted by the Department of State regarding guidelines for establishing a Code of Ethics and reported on three cited matters of importance that she felt should be accounted for in an updated local code of ethics: (1) topic of recusal, (2) recommendation that a board of ethics consist of a minimum of 5 or 7 members to provide for substantial consensus in cases involving deliberations leading to differing opinions and (3) recommendation that a board of ethics not include an officer or employee of the town since such person may potentially be the subject of a review.

Town Attorney Kruk briefly discussed some optional provisions of the Code of Ethics: Prohibited outside positions, prohibited ownership interests and political solicitation of vendors, contractors and licensees. Three provisions Attorney Kruk feels are too strict for our small municipality: Political party positions, Political activity by high-level appointed officials and Superior-subordinate relationships. A good optional provision Town Attorney Kruk felt strongly for was Avoidance of conflicts.

Councilman Mayer suggested that the Town Board establish a board of ethics of five (5) members with staggered terms. Councilwoman Gardner agreed.

Town Attorney Kruk will revise the antique Code of Ethics and propose the new Code for board review. A proposed copy will be available for discussion at our special meeting on December 30, 2009 at 10:00 AM.

Supervisor Yendell read a letter from the State of New York Department of Transportation and I quote “Per the joint request, Form TE-9 of the Lima Town Board and Livingston County Highway Superintendent, Don Higgins, this office will investigate traffic conditions on Doran Road between Routes 5 and 20 and Lima-Livonia Town Line Road relative to the establishment of a lower speed limit. Upon completion of this study, you will be notified of our determination.”

Supervisor Yendell informed the board that there are openings on the Board of Assessment Review and Green Energy Committee. A legal notice will be published in the Sentinel.

Supervisor Yendell asked if there was any further discussion concerning joint Town & Village Planning Boards. Town Attorney Kruk suggested a joint meeting be held between the Town and Village Boards to understand how both boards would like to proceed.

Councilwoman Gardner suggested that a public information meeting be held for the public to have the opportunity to learn about and comment on the proposal to consolidate Village and Town Planning and Zoning Boards. Councilwoman Gardner also expressed her opinion that it would be important strive for membership guidelines that would help to achieve balanced geographic representation.

Councilwoman Gardner made reference to a letter written to the Lima Town Board by Mr. Mark Petroski, dated December 1, 2009. She quoted from the letter as follows: “The tragedy here is that the Town Board is not being fully honest with their reasons behind initiating the Town Attorney’s efforts.” Councilwoman Gardner stated that she found said allegation to be offensive and unfounded. She requested and received support from other board members to prepare a letter to Mr. Petroski for the purpose of requesting that he respond and explain his basis for making such allegation. Councilwoman Gardner stated that this was an initiative by the Village Board and not the Town Board and that information sought from the town attorney was to aid in the deliberation and consideration of the proposal.

Councilwoman Gardner announced that she wished to put forward a motion. She noted that Mr. Petroski’s planning board term expired on December 31, 2008 and reviewed the fact that the Board opted earlier in the year to defer action on appointment to the vacated position but instead, opted to offer Mr. Petroski the opportunity to continue to serve in a non re-appointed capacity. She explained that this decision was reached because of respect for Mr. Petroski’s knowledge and recognized ability to contribute to the Town’s work but also concern regarding his manner of communication with others on multiple occasions. She expressed that his record of conduct during the past year, as witnessed by both her and numerous other members of town government, is not tolerable and does not satisfy the respectful manner in which the community should be represented by its government. With that, she moved that Mr. Petroski’s service on the planning board be ended, effective immediately. Seconded by Councilwoman Turk, the vote went as follows:

Councilwoman Gardner made a motion to defer action on appointments that will expire at year-end on the Planning Board and Zoning Board of Appeals until the Board completes its review and determination regarding the Village of Lima proposal to consolidate said board functions, seconded by Councilman Mayer the vote went as follows:

Supervisor Yendell read a preventative maintenance service agreement for the boiler. Items to be completed would include start-up inspection and operating inspections for a fee of $900 a year. The Town Board agreed that further research of other company estimates would be helpful to understand if this maintenance fee is the lowest available for Lima.

Supervisor Yendell asked the Town Board to review the Personnel Policy, Investment Policy, Procurement Policy and Emergency Operations Plan for any changes or additions that may or should be made. Further discussion will be held at the year-end special meeting.

Supervisor Yendell read the November 2009 Lima Volunteer Fire report. Two false alarms, three motor vehicle accidents, one tractor fire, two mutual aid and one smoke in a trailer. Total man hours of 367.5.

Supervisor Yendell asked the Town Board if December 30, 2009at 10:00 am would be a good end-of-the year date for our meeting. Upon motion by Councilman Mayer to accept said date, seconded by Councilwoman Gardner the vote went as follows:

Councilman Mayer distributed a map which identified updated boundaries for several land conservation areas within the Town. The updates were sought in response to input during review of the proposed zoning update which suggested that earlier boundaries could be outdated. The updated boundaries were identified with assistance from Peter Kanouse, Livingston County Water and Soil Conservation District Office. Aerial maps compiled from 2009 flyovers were used to aid in the process. Councilman Mayer stated that acceptance of the zoning update will proceed following feedback from the Town ZBA regarding the proposed change in regulation for a setback requirement pertaining to accessory buildings.

Councilman Marcellus mentioned a training session date of December 21, 2009 at 7 PM located at Genesee Community College Campus for community calendars for organizations located in Lima, Honeoye Falls and Mendon Towns/ Villages to avoid scheduling dates that another neighboring community may have scheduled. There are about 150 organizations at this time. This is being done in conjunction with Honeoye Falls Chamber and Dr. Cavanaugh, Superintendent, HF-L School District.

Councilman Mayer announced that Sunday, December 6^th is the gingerbread contest, with 35 entries registered.

Councilman Mayer noted the recreation program will have a report January when they meet.

Councilman Mayer also stated that the ECode conversion for the Town Code is estimated at $4500, which was not budgeted for next year. Councilman Mayer suggested that the investment be postponed for one more year when additional changes for the Zoning update will be complete.

Councilman Mayer reported that John Bailey worked very hard for the Zoning Update Committee for the last year and a half. This work entailed learning about planning and zoning and, in recognition of this, Councilman Mayer requested that the Town Board give four (4) credits toward mandatory credits of training to Mr. Bailey.

Upon motion by Councilman Mayer to credit Mr. Bailey four (4) credits toward his yearly training requirements, seconded by Councilwoman Gardner, the vote went as follows:

Councilman Mayer thanked Supervisor Yendell for the excellent job he did on the entrance way to the court house. Good Job.

Councilwoman Gardner mentioned that the Agricultural Planning grant received from the State has certain requirements for approval that need to be satisfied. The grant expires mid January and a grant extension was requested but the State is behind in reviewing this request. Councilwoman Gardner explained that the next step in the approval process is to present the Plan to the County Agricultural and Farmland Protection Board for review and approval; it can then be sent to the State. Upon motion by Councilwoman Gardner to refer the Agricultural and Farmland Protection Plan to the County Agricultural and Farmland Protection Board, seconded by Councilman Mayer the vote went as follows:

Councilwoman Gardner made a motion to retain George Frantz to complete codification of the proposed agricultural zone code regulations for an amount not to exceed $2800. She explained that this amount falls within the local match required that is required as part of the grant and that this amount is budgeted in 2010. Seconded by Councilwoman Turk, the vote went as follows:

Councilwoman Gardner made a motion to accept the draft Agricultural Farmland and Protection Plan as proposed. At a later time, following codification of the proposed zoning changes, the Town Board will consider adoption of the Plan as part of the Town’s Comprehensive Plan. Seconded by Councilman Marcellus, the vote went as follows:

Superintendent Arner told the board that he will have $5000 remaining in his repair account and asks the Town to encumber $1500 to replace the box on his twenty year old truck so that it will pass inspection next year. Supervisor Yendell explained that encumbering funds can only be done if a purchase has been made or materials have been ordered but not received by year end. Upon motion by Superintendent Arner to spend $1500 to replace the box on his 1989 truck in December, seconded by Councilwoman Gardner the vote went as follows:

Superintendent Arner distributed an accident report from the Livingston County Sheriff’s Department from Heath Markham Road. This report shows six (6) accidents from August 2000 to May 2009. The Town Board will need to determine how to proceed with the speed on Heath Markham Road.

Superintendent Arner would like the gravel pit resurveyed. The last survey completed was in 1973. This survey will show what gravel is remaining for the Town of Lima. Town Attorney Kruk will get a copy of the pit map to distribute to land surveyors for estimates.

Superintendent Arner also stated he received a proposed project from the 15A Department of Transportation that they want to grind and resurface inside the village limits. Superintendent Arner’s only concern is the hazard that parking on the side of the road next to Redding Chiropractic causes congestion. The Town trucks, when plowing, are unable to fit when cars are parked outside the white line and others are sitting at the light. Superintendent Arner will speak with Benjamin Luft, Superintendent of Public Works for the Village to request the Department of Transportation to widen this area or eliminate parking all together by the road in front of Redding Chiropractic.

Councilwoman Turk said the Museum’s interior will be painted this weekend by Livingston County inmates.

Councilwoman Turk mentioned the Library’s new floor was put in too early and is now destroyed. They are working to determine who is responsible for the damage.

Upon motion by Councilman Mayer, seconded by Councilman Marcellus the meeting adjourned at 9:30. Carried unanimously.

A special 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, NY on the 19th day of November 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

Supervisor Yendell informed the board that Highway Superintendent Arner requested a transfer of funds from appropriation DA 5130.4 to DA 5130.2 in the amount of $500 to cover a sander purchased for the Town of Lima truck. Upon motion by Councilwoman Gardner to approve the transfer of funds, seconded by Councilman Marcellus, the vote went as follows:

Supervisor Yendell told the Lima Town Board that he met with NYMIR Insurance representative, Karen Buckley (New York Municipal Insurance Reciprocal) on Monday, November 9, 2009 and determined, after careful consideration and research, that NYMIR Insurance would be most beneficial for the Town of Lima. At an earlier meeting, the Board received information on NYMIR and reviewed a quote for insurance provided by NYMIR, as well as a quote from the Town’s existing insurer, Selective. Upon motion by Councilwoman Gardner, seconded by Councilman Mayer, the vote went as follows:

Supervisor Yendell read the Legal Notice published in the Sentinel regarding the proposed Agricultural and Farmland Protection Plan. Upon motion by Councilman Mayer to open the public hearing, seconded by Councilwoman Turk the public hearing was opened at 7:05PM.

Supervisor Yendell took a moment to thank all committee members for their effort and time put into the proposed Agricultural and Farmland Protection Plan.

Councilwoman Gardner thanked the Lima Town Board for applying for the grant and being supportive of the Plan, the Agriculture Advisory Committee for all their time attending meetings, George Gotcsik, Planning Board Chairman, Paul Luft, Code Enforcement Office and Jennifer Shanks for all efforts made for preparation of the proposed Agricultural and Farmland Protection Plan. Lastly Councilwoman Gardner thanked Diane Held, consultant with American Farmland Trust and subcontractor, George Frantz, George R. Frantz & Associates, expert in agricultural zoning.

Councilwoman Gardner stated that the Agriculture Advisory Committee will accept written comments for review and consideration through Friday, November 27^th. Comments should be addressed to Jennifer Shanks, Town Clerk, 7329 East Main Street, Lima, New York 14485.

Councilwoman Gardner also stated that two (2) town-wide surveys were conducted in recent years and both surveys identified support for agriculture as one of residents’ highest priorities. The last survey indicated that 85% of respondents said sustaining agriculture should be a priority.

Councilwoman Gardner commented on the quality of the Town’s soils, explaining that most of the Town’s soils are among the very best types of soil for agricultural production. She further explained that soils of this quality are a relatively scarce resource, that only 3% of the Earth’s entire surface consists of such high quality soils.

Diane Held presented a slide show. The presentation explained how and why we should protect agriculture and farm land. All information can be found in the proposed Agricultural Plan at the Lima Town Hall. Copies are readily available.

Mr. Salerno asked if flag lots were completed, as he has some land that he is unable to access.

Diane Held said the committee decided not to do anything with flag lots. Diane held said when flag lot discussion was held, flag lots were not talked about by themselves, however in a larger context, more in the sense of a conservation sub division to increase density and use up the poor portion of a parcel and use the better portion for agriculture.

Dennis Neenan said you could develop that land by putting in an entry way with a subdivision plan and access road. Some issues with flag lots are that emergency respondents such as fire trucks can get stuck crossing a substandard ditch. Another issue is that it allows for a very small road cut to place a house in the back of a piece of farmland which moves development back and takes away farmland.

Councilwoman Gardner not being familiar with Mr. Salerno land suggested maybe a flag lot would be better regulated in a residential district than an agricultural district.

Councilman Mayer agreed with the farm markets statement on page 35 stating farm markets should go through the site plan approval by the planning board because they are commercial buildings.

Councilman Mayer also had a question regarding cage-type poultry. Diane Held stated if you are in an agricultural zoned area cage-type poultry is covered by Agriculture & Markets Law.

Councilman Mayer had a question on page 44 relating to onsite preparation of processed foods comprised primarily of ingredients produced on the farm, such as a kitchen or bakery, as well as facilities for onsite consumption of such foods. Councilman Mayer wanted to know if this was subject to New York State Health Department regulations and Councilwoman Gardner indicated that anyone preparing and selling such foods would need to obtain necessary permits and be in compliance with the Health Department.

Mary Jule Welch asked if signage to support agriculture and the farmers’ market became more permissive. Councilwoman Gardner indicated new provisions were put into permitting signage for the farmers’ market and further responded that the Committee may wish to review the adequacy of signage provisions for other activities such as local farmers selling Christmas trees, mums, strawberries, etc., that are part of our rural community.

Councilman Mayer commented on private stables in residentially zoned areas and questioned the proposed change in lot size requirement from 5 acres to 2.5 acres for a private stable of up to 2 horses in the Town’s agriculture zones. Diane Held stated that private stables are allowed under Agriculture and Markets law and that this topic may be reviewed with George Frantz.

Councilman Mayer referred to Section 250-18(c) where the current language says: “whether a farm market operates in conjunction with an active farm operation or independently of an active farm” saying a farm market operation should be operated by a farmer and not independently. Diane Held said she would double check with George Frantz and possibly has the term “independently” deleted.

John Bailey, member of the Town Zoning Board of Appeals, suggested that subdivision for a one (1) acre farm dwelling using a variance might be otherwise regulated with specific rules and might be overseen by the Planning Board. Councilwoman Gardner mentioned that George Frantz’s reasoning for that is partially because he wanted there to be an advisory process through the Agriculture Committee to make sure the intent of the provision was met, and that is to keep land in working production.

Margaret Holyst mentioned recreational use could be successful if the Town of Lima partnered with a farmer to better educate people about farmers and inform more people about the farm market held every year, by having a family farm day.

Dennis Neenan explained that the Agriculture Advisory Committee interviewed multiple consultants to assist with the agriculture planning process and stated that he and members of the Committee have been extremely pleased with the guidance and assistance provided by Diane Held and George Frantz. He noted that implementation of the zoning recommendations contained in the plan is a next step and that professional assistance will be helpful for that process as well.

Doug Best stated that by the Town of Lima and Agriculture Advisory Committee working on this plan is sending a message to the community, county and state that farmland has traditionally been looked at as undeveloped land, but farmland has as much validity as commercial and residential land. With more people thinking about where their food comes they will become more aware of farmland importance.

John Bailey suggested that the Town should communicate information about the agricultural plan and the zoning update with an article in The Sentinel

Supervisor Yendell asked if anyone would like to speak in reference to the proposed Agricultural and Farmland Protection, with no further discussion the public hearing was closed at 8:50 pm. Upon motion by Councilwoman Gardner to close the public hearing, seconded by Councilman Mayer, the vote went as follows:

The November 5, 2009 Minutes were approved. Upon motion by Councilman Mayer to approve the Minutes as submitted, seconded by Councilwoman Gardner, the vote went as follows:

Councilman Mayer mentioned the meeting of the Zoning Update Committee. Upon consideration of the Agricultural Advisory Committee’s findings and recommendations on the subject, he recommended deletion of agenda item number four (4), Land Conservation Subdivision. Councilwoman Gardner affirmed that the Agricultural Advisory Committee is not in favor of encouraging this policy at this time and expressed support for Mr. Mayer’s recommendation. Upon motion by Councilman Mayer to remove this Section, seconded by Councilwoman Gardner the vote went as follows:

Upon motion by Councilman Mayer, seconded by Councilwoman Turk the meeting adjourned at 8:55 pm. Carried unanimously.

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, NY on the 5th day of November 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

The CEO report was accepted as presented. Upon motion by Councilwoman Turk to approve the CEO report as submitted, seconded by Councilman Mayer, the vote went as follows:

Upon motion by Councilman Mayer to approve the vouchers as presented, seconded by Councilman Marcellus, the vote went as follows:

The October 1, 2009 Minutes were approved. Upon motion by Councilwoman Turk to approve the Minutes as submitted, seconded by Councilwoman Gardner, the vote went as follows:

The October 21, 2009 Minutes for the Special Meeting on zoning updates were approved. Upon motion by Councilman Mayer to approve as submitted, seconded by Councilman Marcellus, the vote went as follows:

Supervisor Yendell read the Legal Notice published in the Sentinel regarding the emergency replacement of the boiler at the Town Hall. The public hearing was opened at 7:05 with no discussion at this time.

Supervisor Yendell read the legal notice published in the Sentinel regarding the renewal of the Time Warner Contract to allow use of the construction fund for the extension of services. The public hearing was opened at 7:06 with no discussion at this time. Chris Mueller, Manager of Government Affairs, expressed his appreciation for the efforts and support of Supervisor Yendell and Councilwoman Gardner.

Cassy Bowen of Honeoye Falls- Lima School presented the Town Board with an Informational Brochure regarding the Community Youth Court. Community Youth Court is an organization of adolescents, seeking to assume an active role in promoting restorative justice within our community. It is a real court experience for both participants and juvenile offenders referred to their organization. All proceedings, whether school-based or community-based, will take place in local courtrooms. Decisions are binding and comprehensive follow through with each offender is assured until restorative justice is attained. Ms. Bowen asked the Town Board to consider supporting the HF-L Community Youth Court by contributing $365 towards the education and training of students, mediator, community advocate(s), offender advocate(s) and decision makers. Councilwoman Gardner requested the school send the Town of Lima a report of progress for the year to help tax payers understand the investment of the monies spent. The funding request was tabled for later consideration, upon receipt of the information requested.

Supervisor Yendell asked if anyone would like to speak in reference to the Time Warner Contract, with no discussion the public hearing was closed at 7:20 pm. Upon motion by Councilwoman Turk to close the public hearing, seconded by Councilwoman Gardner, the vote went as follows:

Upon motion by Councilman Mayer to authorize Supervisor Yendell to sign the Time Warner Contract, seconded by Councilwoman Turk the vote went as follows:

Upon motion by Councilman Mayer to approve the September and October Supervisor’s Report as presented, seconded by Councilwoman Turk, the vote went as follows:

Joel Steele of Stan Steele Agency, Inc., distributed to each board member a Business Insurance Program, an estimated cost for the Town of Lima 2009-2010 year. Mr. Steele briefly touched upon the coverage’s of Property, General Liability, Comprehensive Automobile Liability and Physical Damage, Contractor’s Equipment, commercial Umbrella Coverage, Owners & Contractors Protective Liability, Pubic Officials Liability and Bonds for all employees. A total of $22,512.94 was presented for Selective Insurance Company and a total of $22,920.32 was presented for NYMIR (New York Municipal Insurance Reciprocal). Mr. Steele is to give us a new quote without having the
$60,000 Comptroller coverage under the BOND section, per Councilwoman Gardner’s questioning of same, as Baldwin Business Services, Accountants for the Town of Lima, is responsible for their own coverage. Mr. Steele will look into Risk Management aspect as well, per Supervisor Yendell’s request.

Supervisor Yendell asked if anyone would like to speak in reference to the transfer of boiler funds, with no discussion the public hearing was closed at 7:30 pm. Upon motion by Councilwoman Gardner to close the public hearing, seconded by Councilman Mayer, the vote went as follows:

Town Attorney Kruk presented the Town Board’s proposed changes of the Peddler’s Permit application to the Village Board and returned with some proposed changes from the Village Board. The first proposed change by the Village Board is allowing a seven consecutive day permit, instead of a two day. The Village Board would like to see a 24 hour waiting period, however, Councilman Mayer suggested one business day would be best to avoid the Clerk from working on a Saturday or Sunday if she so chooses. The Village would also like to see the word “arrested” eliminated from the application as this information would be available on the criminal background check. Another proposed change was to have the applicant add a phone number and website of the company they are representing. Attorney Kruk will draft an application applicable for both entities and will be discussed at our next regularly scheduled meeting December 3, 2009.

Supervisor Yendell read the October 2009 Lima Volunteer report submitted by Jean Ehrhart. Eighteen calls from the Town and fourteen Village calls. Seven Mutual Aid Calls were also noted. Total man hours of 325.

Upon motion by Councilman Mayer to table the Moratorium as a discussion item for another month, Councilwoman Gardner seconded, the vote went as follows:

Supervisor Yendell read a letter submitted by Michael Hayes, Commander of the Kenneth B. Keating post asking the town for their continued support of $500. Upon motion by Councilman Mayer to expend $500 for the Kenneth B. Keating Post No. 26, seconded by Councilman Marcellus, the vote went as follows:

Town Attorney Kruk asked that the Ethics discussion be postponed to our next regularly scheduled meeting December 3, 2009. Attorney Kruk will make copies for all Town Board members for their review before the meeting.

Supervisor Yendell said Livingston County has decided to retain the 2009 sliding scale income limits for the 2010 assessment roll year. The income limit scale effects both the Senior Citizens exemption and Person with Disability and Limited Incomes exemption. Supervisor Yendell also noted that the Town of Lima is currently at $20,100 and all other Towns in Livingston County are at $19,500. Supervisor Yendell stated with that information he recommends that we retain our income limit. Upon motion by Councilman Mayer to retain the current income limit, seconded by Councilwoman Gardner, the vote went as follows:

Supervisor Yendell read a letter from Superintendent of Schools, Michelle Kavanaugh. This letter asks that Supervisor Yendell sign it agreeing to cooperate with officials of the HFLCSD in providing the facility (Town Hall) as an alternate sheltering site for students and staff in the event of a short-term evacuation.

Councilman Marcellus distributed a letter for the board to review. This letter states production of the 2010 Lima Business Directory has been delayed due to printing costs.

Councilman Mayer announced that he and other members of the Town Board will be completing their gingerbread house to resemble Warren Gillette’s barn.

Councilman Mayer also announced that November 12, 2009 is a scheduled meeting for the zoning update committee. Anyone is welcome to attend. Members of the Committee will consider input regarding the draft zoning update received from Mark Petroski and others during the public comment period. A final copy of the proposed draft will be at the regularly scheduled Town Board meeting December 3, 2009.

Councilman Mayer is still working with General Code on an estimate to have Town of Lima Zoning Regulations available on-line for public view.

Councilman Mayer mentioned that the Traffic Safety Board has the recommendation of reducing speed on Doran Road mailed to the State Level and should be receiving the outcome shortly.

Councilwoman Gardner said a scooter was donated by John Foster. Mr. Foster would be gratified by someone in the community utilizing this expensive piece of equipment.

Councilwoman Gardner reported the new website she and Jerry Warsaw have been working on has become a bit more of an undertaking than anticipated but progress is being made.

Councilwoman Gardner plans to have the survey for the Doran Road water mailed by the week of November 9^th.

Councilwoman Gardner distributed a memo regarding training credits for Dennis Neenan, Chairman of the Zoning Board of Appeals. The memo indicates that to date, the Agriculture Advisory Committee has engaged in 18 meetings for a total of 45 hours of work time. In addition, members have prepared for meetings with numerous outside reading assignments. Dennis has been present at every meeting and Councilwoman Gardner recommends that 8 hours of training be applied to Dennis Neenan’s requirements for Zoning Board of Appeals. Motion by Councilman Mayer to allow 8 hours of credit to Dennis Neenan’s requirements, seconded by Councilman Marcellus, the vote went as follows:

Town Attorney Kruk relayed to the Town Board thatthe Village Board would like to pursue the establishment of a joint planning board and a joint zoning board of appeals to serve both the Village and the Town.

Attorney Kruk read a letter from Chad R. Hayden Attorney. The letter states that recent school tax bill shows that the equalization rate for the current tax bill is.95 per cent and the assessed value of $197, 500 for 7168 West Main Street is incorrect. The letter further states that the property should be valued for purpose of taxation at $187,625 with the current equalization rate. Town Attorney Kruk will meet with Town Assessor Robert Morgan and update the Town Board at our next meeting.

Supervisor Yendell stated that Town of Lima was successful in receiving a Local Government Records Management Improvement Fund (LGRMIF) grant. This provides funding for Town government operations.

Supervisor Yendell informed the Board that the Town of Lima was not approved to receive grant money for placing solar panels on the Lima Town Highway barns. Supervisor Yendell will pursue a new grant application in the second round of funding for insulation for the Town Hall.

Supervisor Yendell read the invoice from New York State Association of Towns. The membership dues are $799 per year starting January 1, 2010. The dues are computed from the latest complete information of the Town’s “total town revenue” This allows employees to contact the Association of Town for legal advice and other assistance such as training. Upon motion by Councilwoman Gardner to pay the membership dues, seconded by Councilman Mayer, the vote went as follows:

Superintendent Arner had an annual review with the New York State Health Department on the water districts and each district was found to be satisfactory.

Superintendent Arner read a letter from the New York State Department of Environmental Conservation, John Freeman, Mined Land Reclamation Technician 1, stating department staff conducted an inspection of the Mine Site, Mroczek Pit. The purpose of the inspection was to determine if the mine is in compliance with the rules and regulations governing the New York State Mined Land Reclamation Law, and to inspect the area referenced in a letter dated October 19, 2009, regarding a 1.5 acre parcel Superintendent Arner wished to be noted as reclaimed. The 1.5 acre parcel was deemed to be reclaimed and will be removed from Lima’s permit term area.

Councilwoman Turk gave an update on the library, saying it is ahead of schedule by one month, and that cabinets and doors are being installed at this time.

Councilwoman Turk said the Historical Society has prisoners visiting their facility to clean and paint. Councilwoman Turk also mentioned they raised enough money for the Historical House Tour to purchase gutters for the Historical Society building.

Upon motion by Councilwoman Turk, seconded by Councilman Marcellus the meeting adjourned at 8:50, Carried unanimously.

A Special 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, NY on the 21st day of October 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

Supervisor Yendell re-opened the public hearing for the annual preliminary budget at 7:05 after reading the public notice published in the Sentinel.

Supervisor Yendell opened the public hearing at 7:10 for the Town of Lima zoning update, after reading the public notice published in the Sentinel.

Barbara Johnston, consultant to the project gave a brief summary of twelve (12) proposed draft zoning revisions, listed below. (NOTE: maps and copy of revisions are in the Town office or on-line)

John Wadach expressed support for several recommendations of the proposed zoning regulations.

Mr. Wadach asked what the provisions for outdoor/indoor sign lighting were. Councilman Mayer stated the Town currently does not allow for internally lit signs.

Mark Petroski was impressed at the efforts put into the zoning codes as well, however, expressed concerns, as well as stating the Town is against having anything built in this community.

The Zoning Code changes as written are substantially anti-business. The Town has failed to consider the fiscal impacts of the code changes and this is a SEQRA impact which has not been addressed.

Industrial Uses - in the section describing the allowed uses in the district, the code requires all industrial uses to be enclosed. No distinction made to process versus storage of finished product or raw materials. As written, it would force non-conforming uses to apply for a variance if they ever have to come in for any changes on their site plan. This is an overly burdensome requirement and places existing businesses at risk.

Parking – the parking ratio for Indoor Retail Use is excessive relative to what the market actually requires. The Town should simplify all the parking data into a table.

Senior Housing – belongs in the Village where infrastructure is available. Delete floating zone from Town code.

Wind Energy – is written in such a way as to make it impossible for a private citizen to install a wind mill. Requirements are far too onerous and beg the question of whether you are actually trying to eliminate the possibility of wind mills for sustainable energy generation.

Land Conservation District – is a product of the ‘70’s. Eliminate the district since the EPOD’s address the regulation of environmental resources. Or cut the districts back to align with the resources being protected. Land Conservation District was never intended to preserve farmland.

Access Management – will increase the number of driveways on 15A as opposed to managing them to the least number possible. This section should be completely withdrawn and reworked. Their should be some discussion that completes the “frontage road” concept that was started on 15A or reduces future access points to one per existing parcel per the Tax Map from a specific date going forward. The Town Board is working at cross purposes to what the Planning Board has been trying to do.

Design Standards – should be placed in a design guideline to be used at the discretion of the Planning Board. Mandating certain designs does not take into account the individual characteristics of a given property.

Building Size – It is illegal to regulate commerce and place a size restriction on one category of building use. That is obviously the intent because there has been no discussion on the environmental impacts building size have and why a 40,000 sf size must be adhered to. This was done in Victor but it wasn’t challenged. Victor allows 100,000 sf tenants and actually allows multiple buildings on the same parcel. Where this criteria was applied, the Town approved a ~250,000 sf development. There is no instruction on how to apply this criteria when we have a large parcel that can handle more than one building. Building size can be mitigated through design as seen by the new Wegmans on Caulkins Road in Henrietta. Nobody knows how big the Barilla Plant is in Avon (1 million sf I believe) because it is so far back from the road and screened. The GCC Building actually looks larger than the Barilla Plant because of proximity to 15A. If we aren’t going to allow new business along 15A, where are we going to allow new business?

On-Site Water/Wastewater – the requirements for submittal to the Planning Board should be expanded to make sure that systems are feasible before plans are approved. Given the problems with water and septic throughout the Town, we shouldn’t increase the problem

Historical Overlay Districts – there are no historical districts in the Town. There are historical buildings only. The overlay zones are disproportionate to each other and to the buildings they encompass. Should establish a distance from the resource not the property line of the tax parcel upon which the structure resides. Historical District language should be removed and allow the statement that a referral shall be made only.

Cindy DePuy expressed support for the proposed historic preservation advisory process.

With no further comments or questions Supervisor Yendell closed the public hearing. Upon motion by Councilman Mayer to close the public hearing at 8:05, seconded by Councilman Marcellus the vote went as follows:

Upon motion by Councilwoman Gardner to accept the annual preliminary budget as presented, seconded by Councilwoman Turk the vote went as follows:

Upon motion by Councilman Mayer to close the preliminary budget hearing at 8:10, seconded by Councilwoman Turk the vote went as follows:

Upon motion by Councilman Mayer, seconded by Councilwoman Turk the meeting adjourned at 8:20, Carried unanimously.

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, NY on the 1st day of October 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

The report was accepted as presented. Upon motion by Councilwoman Turk to approve the CEO report as submitted, it was seconded by CouncilwomanGardner. The vote went as follows:

Councilwoman Gardner motioned to approve the vouchers as presented, seconded by Councilwoman Turk. The vote went as follows:

The September 3, 2009 minutes was accepted as presented. Upon motion by Councilman Mayer to approve as submitted, it was seconded by Councilwoman Turk.

Supervisor Yendell opened the public hearing for the preliminary budget at 7:05 after reading the public notice published in the Sentinel.

Guest Paul Fleming discussed combining the Town Planning Board and the Village Planning Board. Both the Village Board and the Village Planning Board agreed this would be a positive step for a number of reasons; zoning laws will be better aligned within the Town and Village following implementation of the zoning update. There are not many potential development sites within the village and it has become difficult to maintain a fully populated planning board. Currently there are only three active members, Rose Reynolds, Barry Ingalsbe and Paul Osborne. Mr. Fleming suggested a five or seven member board which would include alternate members, to serve both Town and Village. These members would be appointed by the Mayor and the Town Board. Attorney Kruk noted that both Village and Town Boards would need to be abolished and an “inter municipal Agreement” would then be created, along with local laws, pursuant to Articles 5-G and 5-J of the General Municipal Law of the State of New York to create a joint board.

Upon motion by Councilman Mayer to refer findings for review and discussion to the Town Planning Board, motion was seconded by Councilwoman Gardner the vote went as follows:

Town Resident Jim Keogan requested an additional extension for a building permit that has expired. The Permit extension will be valid through June 2010. Motion was made by Councilwoman Gardner to grant the extension, seconded by Councilman Mayer the vote went as follows:

Supervisor Yendell opened the public hearing for fire contracts at 7:20 after reading the public notice published in the Sentinel.

Upon motion by Councilwoman Gardner to approve the August Supervisor’s Report as presented and seconded by Councilwoman Turk, the vote went as follows:

Supervisor Yendell informed the Board that the finding of a preliminary study regarding potential alternatives for public water supply has been prepared for the October 29, 2009 special informationmeeting. Letters were sent to homeowners informing them of this special meeting. The information was compiled by Supervisor Yendell, Councilwoman Gardner and Cathy VanHorne Executive Director of Livingston County Water and Sewer.

Councilman Mayer informed the board that seventy five percent of Doran Road residents signed a petition to lower the speed limit. The Town is waiting for a responsefrom New York State Department of Transportation’s research and findings.

Supervisor Yendell opened a fuel bid for ultra low sulfur diesel and unleaded gasoline. Kirkwood Heating Oil, Inc submitted the bid. Kirkwood Heating Oil, Inc provided the following:

Upon motion by Councilman Mayer to accept the non-collusive bid by Kirkwood Heating Oil, Inc., as submitted and seconded by Councilwoman Turk. The vote went as follows:

Attorney Kruk distributed updated Peddlers applications to board members. These pending changes were discussed: fees ($25.00) and the cost of a criminal background check. The applicant must agree to and provide cash payment for a criminal background check at the time of application. A criminal record will likely make an applicantineligible for a license. Second, the updated application will limit the license operation date for a two day maximum. Third, hours of operation along with date will also be needed before granting the permit. Last, the license is not an endorsement or approval by the Town of Lima for any vendor, product or service. Attorney Kruk also added the license is invalid without a Town of Lima official seal.

Attorney Kruk directed the board to consider modifying Town Law Section 185-5A the law for clarity. Town Law Section 185-6, 185-8, 185-9 and 185-10 were briefly discussed. Attorney Kruk noted that a twenty four hour waiting period should be given before granting the license to allow completion of the background check. Attorney Kruk will present this information to the Village Board for review and report back at our November meeting.

Upon motion by Councilman Mayer to table the Moratorium as a discussion item for another month, Councilwoman Gardner seconded and the vote went as follows:

Supervisor Yendell received an updated contract for Time Warner. Information regarding the Clay Street extension project will be forthcoming when contact is signed. Upon motion by Councilwoman Gardner to approve contract and seconded by Councilman Mayer the vote went as follows:

Supervisor Yendell received five quotes for the replacement of the Town Hall boiler. It has been determined that the existing boiler, installed in 1985, cannot be repaired and there is presently no heat supply in the Town Hall.

Upon motion by Councilman Mayer to authorize Van Hook to install the boiler, seconded by Councilwoman Turk, the vote went as follows:

Supervisor Yendell requested the Board make a motion to transfer funds from the Capital General Building Reserve fund to cover the emergency replacement cost of a new boiler not to exceed $25,000. Upon motion by Councilman Mayer for a public hearing, seconded by Councilwoman Gardner,

Councilman Mayer questioned if enough money was available in the Equipment fund to cover the cost of replacing trucks and equipment. Highway Superintendent, Arner would like to have a capital plan and begin replacing trucks every three years. Supervisor Yendell will get a copy of the replacement vehicle study that was done for Livingston County Highway Department for a comparison of recommended replacement schedule. Highway Superintendent Arner presented an inventory list of trucks that included the hours used. The preliminary budget public hearing was adjourned until the October 21^st meeting at 7:05.

Motion was made by Councilman Mayer to close the public hearing on the fire contracts, and authorize Supervisor Yendell to sign the contracts for

Fire Protection from the Lakeville Fire District to protect South Lima and the contract between the Village of Lima and Town of Lima for Town of Lima fire protection, seconded by Councilwoman Gardner, the vote went as follows:

Supervisor Yendell informed the Board that the Town received a letter from the Village Board which indicated that the Village will spend $2,000 for firework fees for 2010 and which requested thatthe Town match those funds. The Town Board agreed to match funds in 2010 for the firework display as has been done in the past.

Councilman Marcellus reported that the Crossroads Council has undertaken the Business Directory project again, and that advertisements will be sold to help cover the costs of the project. To listVillage or Town events on the Crossroads calendar of events, notify Councilman Marcellus.

Councilman Mayer reported that the Summer Recreation Program is completedfor the year. The program did not finish in the “red” due to lower applicants. The 2010 Town contribution to the budget will be reduced by $1,000.

Councilwoman Gardner reports the Agriculture Committee has reviewed and submitted input on a final draft of the proposed Agricultural and Farmland Protection Plan prepared by Diane Held, American Farmland Trust consultant to the project.The consultant will be meeting with the Agriculture Committee in two weeks to run through the final presentation and will help with the public hearing tobe held once the final draft is complete. It will then be referred to the Town Board after October 14^th.

Town Attorney Kruk reports after the adoption of zoning changes there will be one local law to cover all the changes. This Local Law will be called “Omnibus Local Law”. Please refer to public notice for a description.

To close an outstanding assessment grievance, Attorney Kruk presented the following resolution for the Board’s review and approval:

WHEREAS, the Supreme Court of the County of Ontario, in the Matter of West Main Lima Inc., formerly known as 180 Clinton Corp., Petitioner, v. Robert Morgan et al, Respondents, has issued a final order and judgment determining that the assessment on real property at 7168 West Main St., in the Town and Village of Lima was and is incorrect,

WHEREAS, the Court has ordered the Town to refund portions of Town real property taxes collected over several years as a result of the incorrect assessment, and

WHEREAS, the amount of said tax refunds due have been computed, together with interest through October 15, 2009, such that the sum of $417.41 is due together with statutory interest in the amount of $9.39 for a total sum of $426.80,

1. In consideration of the foregoing, the Town Supervisor is authorized and directed to remit to 7168 West Main Inc., formerly known as 180 Clinton Corp., the sum of $ 426.80 in full satisfaction of so much of the above judgment as relates to the Town of Lima.

2. The said amount shall be expended from the Town-wide Contingency fund (Acct. A1990.4) already appropriated.

3. The Town tax rolls shall be corrected for the years shown (2004, 2006, 2007, 2008 and 2009) from $220,000.00 to the amount of $197,500.00.

Attorney Kruk commented on the prospect of combining Village and Town Planning boards and will be accepting comments from the Village Planning Board and Village Board as a next step in the review process. After the information is reviewed, he will draft an agreement for consideration by the Town and Village Boards.

Supervisor Yendell received a check from Livingston County Treasurer’s Office reimbursing the Town half the cost for the appraisal and litigation fees in the matter of the assessment on the Lima Country Club in the amount of $3,629.22.

Superintendent Arner requested he be allowed to spend up to $1500 for a sander at the Roy Teitsworth, Inc., auction held Saturday October 3^rd. A motion made by Councilwoman Turk to spend the funds, seconded by Councilwoman Gardner, the vote went as follows:

Councilwoman Turks reports the library project is progressing well. The Historical SocietyHouse Tour was well attended. A fundraiser is needed to help pay for needed work on the museum steps, foundation and to address the problems with drainage around the building.

Joyce Rapp is collecting paperback books and magazines for the VFW and the VA.To make a donation, please contact Joyce.

Upon motion by Councilwoman Turk, seconded by Councilman Marcellus the meeting adjourned at 9:30, Carried unanimously.

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, NY on the 4th day of September 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

CEO Report
The report was accepted as presented. Upon motion by Councilwoman Turk to approve the CEO report as submitted, it was seconded by Councilwoman Gardner. The vote went as follows:
CARRIED

Code Enforcement
Code Enforcement Officer Paul Luft discussed increasing building permit fees as well as variance fees to cover cost and expenses incurred. CEO Luft is surveying fees of surrounding towns for comparison and to help determine whether adjustments should be made to Town fees. Recommendations will be presented to the Town Board later this year.

General Vouchers
General voucher #’s 371-410 totaling $8,169.99 were approved as presented.

Highway Vouchers
Highway voucher #’s 152-163 totaling $20,887.42 were approved as presented.

Councilwoman Gardner motioned to approve the vouchers as presented. This was seconded by Councilwoman Turk. The vote went as follows:
CARRIED

Snow and Ice Removal
Resolved, that pursuant to highway law section 135 – A providing for snow and ice control on county roads within the town, the Supervisor and the Town Highway Superintendent be and they directed to execute a contract with the county Highway Superintendent of the county of Livingston for the town to undertake and perform snow and ice control on county roads located in the town for the periods beginning October 15, 2009 and ending October 14, 2010 at the rates therein provided.

Councilwomen Gardner motioned to approve resolution as presented and seconded by Councilman Marcellus. The vote went as follows:
CARRIED

Minutes
Upon motion by Councilwoman Turk to approve the August 6th Minutes as presented and seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

Supervisor’s Report
Upon motion by Councilwoman Gardner to approve the July & August Supervisor’s Report as presented and seconded by Councilwoman Turk, the vote went as follows:
CARRIED

SEQR Review
Town Attorney, Steve Kruk distributed and read the resolution whereas, the Town Board has resolved to designate the Board as lead agency in connection with the possible adoption of various zoning law modifications and additions prepared in furtherance of the Town Comprehensive Plan previously adopted. The adoption of said various zoning law modifications and additions requires the Town Board to comply with the State Environmental Quality Review Act (SEQR) to determine whether any negative environment impacts will result from the adoption of said zoning laws and modifications. The Town Board has completed review of Part 1 and Part 2 of the full EAF. Upon motion by Councilwoman Turk to approve the resolution as presented and seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

Part 2
Attorney Kruk led a repeat discussion of the SEQR EAF, Part 2 – Project Impacts and Their Magnitude as a follow-up to the previous review conducted at the June 30, 2009 Town Board meeting. Determinations were identical, with several small to moderate impacts identified and noted to be “positive” as a result of proposed zoning revisions.

With no questions and upon agreement the Board does not need to complete Part 3, given Part 2 determinations, upon motion by Councilwoman Turk to adopt the findings of Part 2 of EAF and seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

The draft Town of Lima Zoning Update will be presented to the public at a special public hearing, scheduled for October 21^stor October 28^th, to be determined in accordance with availability of Barbara Johnston, Consultant, and Bruce Mayer, Zoning Update Committee Chairman. Upon motion by Councilwoman Turk, seconded by Councilman Marcellus, the vote went as follows:
CARRIED

Doran Road Water Study and Speed Limit
Supervisor Yendell reported that the Town of Richmond would agree to a water service extension to Doran Road, via O’Neil Road, but there does not appear to be interest among residents of O’Neil Road to participate in a new water district or to share in associated costs, thus this does not appear to be a viable alternative. Supervisor Yendell and Councilwoman Gardner will confer with Catherine VanHorne, Executive Director, Livingston County Water and Sewer Authority, to prepare an agenda and present findings of the preliminary study to interested residents at a public information meeting.

Gale Road Speed
Supervisor Yendell read a letter from David C. Goehring, Regional Traffic Engineer of the New York State Department of Transportation dated August 20^th. The letter indicated, “We have determined that a 45 mph speed limit is justified on Gale Road. Orders for the speed limit have been approved and will be processed for filing with the Secretary of State. Installation of signs can follow.”

Supervisor Yendell read a letter from a resident which expressed concern regarding the placement of a street light at the Gale Road entrance to the new GCC campus. He further noted that this matter was previously referred back to the Town Planning Board. In the same letter, the resident expressed a desire for water service on Gale Road. Board members discussed the need to hear from a larger number of residents regarding preferences on this subject in order to determine whether a water service study should be undertaken.

Peddler’s Permits
Town Attorney Steve Kruk indicated that Lima cannot prohibit Peddler‘s permits but can reasonably regulate as to hours of operation or the exemption of non-profit organizations such as the Boy Scouts and may require background checks. Councilwoman Gardner added that the Town might consider adding a disclosure on permits to note that the Town does not make any representation or guarantee regarding the peddler’s service or products. These recommendations are intended to help protect Town residents from unscrupulous door-to-door sales people.

Attorney Kruk will put together a draft with new regulations and will bring this information for discussion to the October meeting. The Board will review the draft and the current code to develop the right procedure for the Town of Lima.

Moratorium
Upon Motion by Councilwoman Gardner to table the subject of a moratorium as a discussion item for another month, Councilman Marcellus seconded and the vote went as follows:
CARRIED

Time Warner Contract
Supervisor Yendell discussed the extension of Time Warner down Clay Street and reported that this installation will be scheduled following revision of the Town’s franchise fee contract. He explained that the contract has been held up due to a delay in processing a requested adjustment in the language that will allow the Town to review its option to collect a franchise fee after the required accrual for build-out funds is satisfied. The delay is the result of a work backlog in Time Warner’s Legal Department.

Individual Announcements
Supervisor Yendell reviewed and presented the 2010 Town of Lima Budget. With no further discussion the Budget will be available for review at the Town Hall by residents who wish to view it.

Upon motion by Councilwoman Gardner to hold a public hearing at our next regularly scheduled board meeting for October 1, 2009, to approve the preliminary budget, seconded by Councilwoman Turk the vote went as follows:
CARRIED

Supervisor Yendell also noted that as proposed, the budget would lower property taxes on a home assessed at $100,000 from $525.42 in 2009 to $513.54 in 2010, a decrease of $11.88.

Town Attorney Kruk presented a water agreement letter stating it is time to renegotiate the water agreement.

Supervisor Yendell reported, referring to letter, that a settlement with Lima Country Club regarding an assessment grievance case has been made. He expects half of the legal fees incurred by the Town in this matter to be reimbursed by Livingston County.

Councilman Marcellus stated the Crossroads Festival will be the first Saturday in

Councilwomen Gardner reported the Agriculture Advisory Committee has given their final recommendations to the consultant for use in preparation of the final draft Agricultural and Farmland Protection Plan. Lima’s American Hotel was selected by the Livingston County Chamber of Commerce as winner of its Small Business of the Year award. Pat and Rose Reynolds and all employees of The Hotel will be recognized on September 9^th.

Town Attorney Kruk reported that the cellular tower formerly owned by Sprint is now under the ownership of T-Mobile and, therefore, T-Mobile is now responsible for the required bond which ensures removal of the cellular tower if it should cease to be functional.

Councilwoman Turk reports that the Library expansion project is making progress. The Lima Historical Society House Tour will be held on September 26^th with five houses and 2 businesses participating. The House Tour Planning Committee is meeting regularly and is organizing a display of doll houses and a tea party.

Highway Superintendent Arner reported that the Highway Department has completed road repair work for the year and will nowbegin work at the gravel pit. He noted that there may be a DEC requirement for a bond associated with the gravel pit but that he believes most municipalities are exempt from this requirement. He will research and discuss at the next meeting. Upon motion by Councilwoman Gardner to approve commencement of work at the gravel pit, seconded by Councilwoman Turk, the vote went as follows:
CARRIED

Three year water testing license has been issued to Highway Superintendent, Arner.

Supervisor Yendell informed the Town Board a public hearing will be held at the regularly scheduled Board meeting held October 1, 2009 between the Town of Lima and the Village of Lima and Lakeville Fire District for the 2010 fire contract. Upon motion by Councilwoman Turk and seconded by Councilman Marcellus, the vote went as follows:
CARRIED

Upon motion by Councilwoman Turk, seconded by Councilman Marcellus, meeting adjourned at 8:35 PM, Carried unanimously.

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, NY on the 6th day of August 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

CEO Report
The report was accepted as presented. Upon motion by Councilwoman Turk to approve the CEO report as submitted, seconded by Councilman Mayer, the vote went as follows:
CARRIED

Public Hearings
Supervisor Yendell read the legal notices published in the Sentinel for code entitled, Town of Lima Local Law #2-2009, providing for Cross-connection control in the public water delivery system. Supervisor Yendell also read the second public hearing, Town of Lima Local law #3-2009, permitting the Town Clerk to hire a non-resident as Deputy Town Clerk. Both Local Laws are open to the public with no discussion at this time.

Farm Stands
Councilman Mayer expressed he would like a change in the definition of Farm Stands and farm market zoning regulations. As proposed, updated regulations will require that at least 70% of the bulk or volume of wares displayed for sale shall be agricultural products grown or produced upon the premises where such market is situate and upon other lands owned or leased by the market proprietor in adjoining towns. The updated regulation will permit farm stand operators to supplement agricultural goods for sale with up to 30% agricultural goods grown or produced off-site, by other grower(s).

Councilwoman Gardner explained the Agricultural Committee will be discussing regulations pertaining to farm stands and farm markets as part of the agricultural zoning review process. Final recommendations will be presented to the Town Board later this year.

General Vouchers
General vouchers #325-327 totaling $21,052.75 were approved as presented.

Highway Vouchers
Highway vouchers numbered #133-148 totaling $21,253.15 were approved as presented.

By motion of Councilwoman Gardner to approve vouchers as presented, seconded by Councilwoman Turk the vote went as follows:
CARRIED

Minutes
Upon motion by Councilman Mayer to approve the June 30th Minutes as presented, seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Supervisor’s Report
Upon motion by Councilwoman Gardner to approve the June & July Supervisor Reports as presented, seconded by Councilman Marcellus the vote went as follows:
CARRIED

Lima Fire Department
Supervisor Yendell read the fire report for July 2009. A total of 11 calls reported. Fireworks 1, mutual aid 6, auto alarms 3, and mulch fire1, resulting in 200 personal hours.

Supervisor Yendell updated the Town Board that the Lima Fire Department purchased a new fire truck costing $445,000. All funds required for the purchase were accrued over several years.

Ambulance Report
Supervisor Yendell read the Ambulance report for July 2009. A total of 34 calls were made. Town calls 16, Village calls 18 and 7 mutual aid calls for a total of 330 man hours.

SEQR Review
The SEQR review will be deferred until the next Town Board meeting September 3^rd @ 7pm. This extension will provide the Town Planning Board with an opportunity to comment regarding the Town Board’s intent to serve as lead agent for the SEQR review associated with the zoning update.

Doran Road Water Study
Supervisor Yendell and the Town Board are still researching an additional water supply possibility from the Town of Richmond via O’Neil Road. It is anticipated that the study will be completed by the end of August. An informational meeting for area residents will be scheduled by early October.

Gale Road Speed
Supervisor Yendell read a letter from David C. Goehring, Regional Traffic Engineer, of the State of New York Department of Transportation. The letter stated: “We have completed our investigation on Gale Road between Route 15A and Dalton Road relative to the establishment of a lower speed limit. We have determined that a 45 mph speed limit is justified on Gale Road. Orders for the speed zone are being processed for filing with the Secretary of the State and will be sent to you when approved. Installation of signs can follow at that time.”

Supervisor Yendell said there was a request that street lighting be put in by the GCC entrance. Supervisor Yendell then read a letter from National Grid regarding the cost of a potential street light on Gale Road by the entrance of GCC. Per month the fees would be $170. Guest and Planning Board member Mark Petroski asked if the cost of said fixture should be incurred by Genesee Community College since the proposed fixture is for safety purposes associated with the driveway which serves the new campus. Councilwoman Gardner suggested that the information be referred to the Planning Board for review since the request for said lighting originated with the Planning Board.

Upon motion by Councilwoman Gardner to have this item referred back to the Town Planning Board, seconded by Councilman Mayer, the vote went as follows:

Peddler’s Permits
Town Clerk Shanks reported receipt of 2 applications for Peddler’s Permit and stated that her review of regulations governing the issuance of such permits indicate that Lima might benefit from an update and the addition of a requirement for an applicant background check. Councilwoman Gardner added that the Town might consider adding a disclosure on permits to note that the Town does not make any representation or guarantee regarding the peddler’s service or products. These recommendations are intended to help protect Town residents from unscrupulous door-to-door sales people.

Councilperson Gardner suggests the Town Board and Attorney Kruk do more research and bring this discussion to the September 3^rd meeting. This allows the Board to review the current code and put in place the right procedure for the Town of Lima.

Upon motion by Councilman Mayer to accept John Price’s application from Edward Jones Investment (Financial Advisor), seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Two (2) applicants’ from U.S. Energy Solutions were denied. Town Attorney Kruk will follow up with the applicants to inform them of the Town Board’s decision.

Moratorium
Upon motion by Councilman Mayer to table the moratorium review, as a discussion item, to the September 3rd meeting, seconded by Councilwoman Gardner the vote went as follows:
CARRIED

SEQR
Town Attorney Kruk indicated he received 2 of the 3 agent responses. The New York State Department of Environmental Conservation and Livingston County Planning Department both declined any action on the SEQR.

Town Transfers
Supervisor Yendell informed the Town Board an overpayment was made from the budgeted funds for Lima’s seniors, out of appropriation B6772.4. AJ and Judy Stephanie reimbursed the town for the overpayment of $289. Those funds will be transferred to appropriation B1170 to balance the books. Upon motion by Councilwoman Turk to accept transfers and seconded by Councilman Mayer the vote went as follows:
CARRIED

Donations for Joe Orlando
Supervisor Yendell informed the Town Board and guest that Jean Lacey is accepting donations for Joe Orlando. Donations will purchase a tree that will be planted at Tubbs Park and a plaque in memory of Mr. Orlando.

Traffic Diversion Program
Supervisor Yendell told the Town Board the Town of Lima received its first check in the amount of $900 from the Traffic Diversion Program. This check covered from the time period of June 9^th – June 30^th 2009.

Time Warner Contract
Supervisor Yendell discussed the extension of Time Warner down Clay Street. All funds received from franchise fees will accrue in the construction fund until the balance reaches the amount previously accrued but not dedicated for service build-out. Following completion of this accrual, a determination will be made as to whether to continue to collect any amount of franchise fees.

Councilwoman Gardner said there was an overwhelming positive response tot he Town survey of Clay Street residents regarding interest in the installation of Time Warner services.

Local Law #2-2009
Supervisor Yendell asked if anyone would like to discuss Local Law #2-2009, with no discussion the public hearing was closed. Upon motion by Councilman Mayer to adopt Local Law #2-2009 providing for cross-connection control in the public water delivery system, seconded by Councilwoman Turk the vote went as follows:
CARRIED

Local Law #3- 2009
Supervisor Yendell asked if anyone would like to discuss Local Law #3-2009, with no discussion the public hearing was closed. Upon motion by Councilwoman Turk to adopt Local Law #3-2009 providing for the Town Clerk to hire a non-resident Deputy Town Clerk, seconded by Councilman Marcellus the vote went as follows:
CARRIED

Census Bureau
Supervisor Yendell read a letter from Frank Yavicoli, Assistant Manager for Field Operations, of the United States Census Bureau thanking the Town of Lima for donating space at the Town Hall for training purposes of approximately twenty (20) people from September 21^st -25^th from 8:00 AM to 4 PM.

Solar Panel Grant Application
Supervisor Yendell told the Town Board that he spoke with Bernie Thoma of THOMA Development consultants, regarding green energy ideas for a grant application. It was determined that the most energy is used at the Town Highway Department and that the Highway facility would benefit the most from solar panels. After discussion it was agreed that a grant application for partial funding of solar panel installation at the Town Highway Department will be submitted. A later grant application may be considered to obtain funding to assist with the Town Hall insulation project.

Individual Announcements
Councilman Marcellus stated that 54 vendors and 45 volunteers participated in a very successful Crossroads Festival on Saturday, August 6. The Ladies Auxiliary reported a record year for their pancake breakfast. The Battle of the Bands raised over $1900. After Shock received 1^st place winning $1000 and Wolf Out the Window received 2^nd place winning $100. After expenses, the new band promotion made a small profit as compared to a large outlay of several thousand dollars for bands in recent years. Plans are underway to increase this competition in 2010.

Councilman Mayer stated Summer Recreation is completed for this 2009 year. Registration was lower than anticipated, resulting in plans for a smaller budget next year. Councilwoman Gardner observed that the Town contributes $8,000 to this program, as does the Village and that this is a large amount of funding relative to number of program participants (approximately 73 in 2009). She recommends that a review of registration fees as compared to comparable programs be undertaken to determine whether an increase in fees may be appropriate to help offset program costs and reduce the Town commitment.

Councilwoman Gardner reported that Genesee Community College presented an application, at the August 3^rd Town Planning Board meeting for an entrance way to Route 15A. She noted that earlier discussions of the Planning Board had cited the desirability of a Route 15A main access point and, further, that discussions also centered on the importance of a common access point to Route 15A to serve the entire development that will eventually be built out on the adjoining parcel, situated immediately to the north of the campus. The Planning Board tabled discussion of the application and requested that the applicant research options to achieve Route 15A access via such a common access point.

Councilwoman Gardner also stated there was some general discussion regarding the storage shed behind Great Expectations Child Care Center and what steps could be taken to develop guidelines that would help ensure the development of an attractive corridor along Route 15A, an important entrance to Lima. Noting that it would be important to ensure that such guidelines would not impose excessive costs, she indicated that the Town Planning Board is taking the initiative to review this topic as meeting time permits over the next six months or so.

Councilwoman Gardner reported that the Agriculture Committee has two meetings scheduled this month and two next month and they are wrapping up. It is expected that a draft Agricultural and Farmland Protection Plan will be completed by early October and presented at a public hearing before it is forwarded to the Town Board for review later in the year. To allow adequate time for review and approval by the NYS Commissioner of Agriculture, Councilwoman Gardner will seek a six month extension for the planning grant which expires in January 2010.

Councilwoman Gardner also reported progress with the website update. Another meeting will be held Friday, August 14^th at 9:30 am and anyone interested is encouraged to attend. Jerry Warsaw has identified a template that looks good and will upload some content soon to test the functionality of the site. With Jerry’s contribution of site development work and training, it is anticipated that costs for site development and maintenance will be minimal.

Councilwoman Gardner also mentioned that Doran Road residents, DeKramers, Murphy and Stevenson’s will have a petition, concerning interest in a reduced speed limit, submitted by the 28^th of August for Councilman Mayer’s Traffic Safety meeting.

Councilwoman Gardner noted that summer rains have resulted in a waste of salt that is stored outdoors at the highway facility and requested that quotes for a storage shed be obtained, as per discussion at past Board meetings, and presented at the September meeting if Superintendent Arner’s schedule allows.

Attorney Kruk reported that resident Ella Klueck on Egan Road is concerned about the potential for a small number of farm animals to be housed on a nearby property. Attorney Kruk informed Mrs. Klueck that the property is zoned agricultural and that the animals are permitted.

Attorney Kruk presented an update of Borschoff and Lima Crossroads assessment reviews.

Attorney Kruk informed the Town Board that the lowest bidder for the Library expansion project was unable to complete the job. Thus, the project has been awarded to the third lowest bidder and will be completed at a cost of $185,000.

Upon agreement by board members, discussion of an update to provisions for an Ethics Committee was postponed for discussion at the September or October Town Board meeting, as time permits.

Councilwoman Turk said the Historical Society will be having a Historical House Tour fundraiser September 26^th. Everyone is encouraged to visit.

Upon motion by Councilwoman Turk the meeting adjourned at 9:10 pm, seconded by Councilman Mayer. Carried unanimously.

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, NY on the 30th day of June 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

CEO Report
The report was accepted as presented. Upon motion by Councilwoman Turk, to approve the CEO report as submitted, and seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

General Vouchers
General vouchers #290-323 totaling $10,831.96 were approved as presented.

Highway Vouchers
Highway vouchers numbered #121-129 totaling $63,830.85 were approved as presented.

By motion of Councilwoman Gardner to approve vouchers as presented and seconded by Councilman Mayer the vote went as follows:
CARRIED

Minutes
Upon motion by Councilwoman Gardner to approve the June 4th Minutes, with an amended correction of adding inventory numbers to court surplus items, and seconded by Councilman Marcellus the vote went as follows:
CARRIED

Nays: 0

Guests
James Alday of the Green Energy Committee discussed potential cost savings in street lighting. A complete audit of Village and Town street lighting and alternative lighting fixtures is being conducted at this time.

Supervisor Yendell informed the board that there is potential for stimulus money. He asked the Green Energy Committee to research some ideas that would help save energy, such as solar energy. The Town and Village could combine the insulation of the Town Hall and possible solar energy costs to help in completing an application for stimulus monies.

Doran Road Speed
Supervisor Yendell received speed information from Major Smith of the Livingston County Sheriff’s Department. Eighty five percent (85%) of cars monitored were going 55 MPH, and one (1) car speeding 75 MPH. The total number of cars travelling one way was two hundred forty (240) for one day.

Councilwoman Gardner stated she revisited Doran Road and drove the length of the road in both directions. She pointed out that the topography in some stretches is very hilly and that a number of driveways are essentially blind to drivers because of this condition. She further noted that there has been growth in the number of residences on Doran Road and that the resulting increase in driveway cuts, combined with the terrain, may warrant an updated review of the speed limit.

Following discussion, board members agreed that a referral to the Livingston County Traffic Safety Board for consideration of a reduction in speed limit to 45 MPH was appropriate. Councilman Mayer, Lima’s representative to the Traffic Safety Board, stated that the request for review would be strengthened with verification that a majority of Doran Road residents support the request and that a resident petition would accomplish this objective. He also noted that the next meeting of the Traffic Safety Board will be held in September.

Councilwoman Gardner will forward a letter to the residents who expressed concern about the speed to notify them of the board’s discussion and to seek their support in completing a petition.

Councilman Mayer will address the topic with a letter to the Traffic Safety Board for the September meeting.

The Traffic Safety Board would then conduct a survey and forward this survey to the Department of Transportation, who will then inform the Town of their review and recommendation regarding the speed limit on Doran Road.

Audit of Justice Books
Supervisor Yendell said the books for the Lima Court have been audited by Councilwoman Turk and Councilman Mayer. Councilman Mayer said the books were found to be satisfactory and no problems found. Councilwoman Turk said the Justices keep good books.

Councilman Mayer would like to thank Town Justices Luhowy and Finucane for their cooperation.

Surplus for Court
Supervisor Yendell read a letter written by Sara Harvey, Court Clerk, to declare a metal filing cabinet surplus. Upon motion by Councilman Mayer to declare the filing cabinet surplus, seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Moratorium
Upon motion by Councilman Mayer to table the moratorium review, as a discussion item, to August 6^th meeting, seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Town Hall Windows
Supervisor Yendell told the Board that Councilwoman Gardner received a letter from Steve Jordan which stated a cost of $340 per window for repairs. This cost includes installing new sash chains, bronze weather-stripping, two (2) over sized locks at each meeting rail and installing a stop adjuster on sash stops.

The Assessor’s office has two (2) windows that will be completed first. If the repairs are proven satisfactory the windows in the Town Board room will be repaired as well.

SEQR Review
Town Attorney Kruk read through each line of the SEQR (State Environmental Quality Review) explaining very thoroughly each question, answer and if any, a further explanation of the question. Upon motion by Councilman Mayer to accept the SEQR as modified, seconded by Councilman Marcellus the vote went as follows:
CARRIED

Lead Agency
Town Attorney Kruk asked the Board if they wish to be Lead Agency. Upon motion by Councilman Mayer to be Lead Agency, seconded by Councilwoman Gardner the vote went as follows:
CARRIED

A Notice will be sent to the County Planning Board, New York State Department of Environmental Conservation, Town Planning Board and the Zoning Board of Appeals notifying these parties of the Town of Lima’s intent to serve as Lead Agency.

A Special meeting will be held July 16^th at 10:00 AM for the purpose of continuing the SEQR process and /or determining the significance of the proposed action being considered by the Town board, being the adoption of zoning code changes, and to conduct any regular business.

Spend Highway Funds
Superintendent Arner noted a slight revision in his previous Agreement to Spend Highway Funds. Instead of Dalton Road being repaired York Street will be repaired. Upon motion by Councilman Mayer to accept revisions and update the Agreement to Spend Highway Funds, seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

Local Law 3 of 2009
Supervisor Yendell read a Local Law permitting the Town Clerk to hire a non-resident as Deputy Town Clerk. A public hearing will be held at the August 6^th meeting. Upon motion by Councilman Mayer to hold a public hearing for Local Law 3 of 2009 and seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Town Transfers
Supervisor Yendell read Lima Town Accountants Baldwin Business Services request to have funds transferred in the General Fund-Town wide, General Fund-Outside Village, Highway Fund-Outside Village, Water District #2 and Water District #3. Upon motion by Councilwoman Turk to accept transfers and seconded by Councilman Mayer the vote went as follows:
CARRIED

Cross-Connection Control
Town Attorney Kruk explained Local Law 2 of 2009 pertaining to cross-connection control in the public water delivery system. This system is to protect the public potable water supply of the Town of Lima from the possibility of contamination by isolating within its customers’ internal distribution system(s) such contaminants or pollutants which could backflow into the public water system. Upon motion by Councilman Mayer to hold a public hearing at the August 6^th meeting, seconded by Councilwoman Turk the vote went as follows:
CARRIED

MVP Health Insurance
Supervisor Yendell informed the Board that Matt Blakeslee, Representative from MVP, stopped in the office to provide information on alternative health insurance programs that would allow the Town to lock in policy rates for a period of one year from inception. There are three (3) choices employees are able to choose from. Board members reviewed the new alternatives and observed that the coverage option were very similar to present coverage, with nominally higher co-pays and increased benefits in some areas of coverage. Employees will look over the choices and their input will be discussed as to what policy would be most beneficial at the August 6^th meeting.

Town of Lima Hours
Supervisor Yendell presented a recommendation to the Board that the Town of Lima maintain consistent hours from 8:00 AM to 4:00 PM year round Monday, Tuesday, Thursday and Friday, starting July 20^th, to better assist our community. Wednesday hours will remain 9 am to 12 noon. Notice will be posted to the Town Hall doors as well as published in the Sentinel. Upon motion by Councilwoman Turk approving said hours, seconded by Councilman Mayer the vote went as follows:
CARRIED

Small Business Nomination
Supervisor Yendell distributed 2009 nomination forms for Small Business of Year Award, a recognition program sponsored by the Livingston County Chamber of Commerce. The award will be presented at the Chamber’s After Hours Kick-off on Wednesday, September 9, 2009. Each application must include a 50 word essay explaining why this Business should be honored.

County Rock Salt Prices
Supervisor Yendell stated American Rock Salt prices increased. Untreated/delivered increased $3.61 a ton resulting cost of $39.07 and pre-treated/delivered increased $5.08 per ton resulting cost of $46.07 per ton.

Census Bureau
Supervisor Yendell read a letter from Frank Yavicoli, Assistant Manager for Field Operations, of the United States Census Bureau thanking the Town of Lima for donating space for them to utilize the Town Hall for training purposes of approximately twenty (20) people from September 21^st -25^th from 8:00 AM to 4 PM.

Library Expansion Bids
Supervisor Yendell read the bids received to complete the Town of Lima Public Library expansion. A high bid of $263,000 was placed by Kircher. The successful bidder was placed by Schultz Construction at $149,000, if approved by MRB Group, Town of Lima’s Engineering, Architecture &Surveying, P.C.’s. A winning bidder will be determined on Thursday, July 2, 2009 at 4:00 PM.

Individual Announcements
Councilman Marcellus states he and the Crossroads Council continue to work on the Crossroads Festival.

Councilman Mayer distributed a memo from the Historic Preservation Commission regarding Draft Zoning Update Comments and recommendations, and a summary of comments submitted by others for review and consideration. These changes will be reviewed by Barbara Johnston.

Councilman Mayer said the Recreation Program started June 29^th and will provide a total count of attendees at the next Town Board meeting scheduled August 6th.

Councilwoman Gardner gave an update of the Town of Lima’s new website project. Preliminary research indicates that it may be possible to develop a comprehensive new website utilizing free content management software. Some investment in graphic design work may be needed to develop an attractive home page. The Town and Village are working together on the project and plan to develop a common portal to access Town and Village information. Jerry Warsaw will set-up a template to see if it would be user friendly and an update will be given at our August 6^th meeting.

Councilwoman Gardner stated the next Agriculture Advisory committee meeting with the consultant will be Thursday, July 30^th at 7:30 pm. This will be the first review of the zoning consultant’s recommendations. Councilwoman Gardner also announced that, in accordance with a request from Lima’s Agricultural Advisory Committee, the Livingston County Planning Department has scheduled a workshop on the NYS Agriculture and Markets Law. The workshop will be held on Monday, August 3 from 6:00 PM to 8:00 PM and will be conducted by Robert Somers from the NYS Ag & markets Law. Because of the importance of this Law as it relates to agricultural operations and to improve knowledge of provisions of the law, Councilwoman Gardner asked that Town Attorney Steve Kruk and Code Enforcement Officer Paul Luft attend the workshop if possible and further indicated that she will request that at least one representative from the Town’s Planning Board and Zoning Board of Appeals attend as well.

Superintendent Arner stated that Mr. Mrozek is not interested to sell gravel to the Town of Geneseo.

Superintendent Arner would like to transfer $5000 from appropriation DB 5110.4, road work account to appropriation DB 5110.4b the crushed gravel account. Upon motion by Councilman Mayer to approve requested transfer, seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Superintendent Arner expressed interest to purchase a tapping machine for the three (3) water districts. The approximate cost is $3000. Superintendent Arner will discuss possibly “shared services” with the Village Superintendent of Public Works, Benjamin Luft, and split the cost.

Superintendant Arner stated the water main at the Lima Public Library was moved and is complete. The gas line will be completed soon.

Supervisor Yendell presented a card and lunch gift certificate from the Town Board as well as cookies prepared by Councilwoman Gardner and brownies from Joyce Rapp, Historian (retired) thanking the Highway Crew for their hard work during winter months to keep our roads free of snow and ice for our safety.

Upon motion by Councilman Mayer the meeting adjourned at 9:30 pm, seconded by Councilwoman Turk. Carried unanimously.

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, NY on the 4th day of June 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

CEO
The report of the CEO was approved on a motion by Councilwoman Turk, seconded by Councilman Mayor. The vote went as follows:
CARRIED

ABSTRACTS
The following abstracts were approved on a motion by Councilwoman Gardner, seconded by Councilman Mayer. The vote went as follows:
CARRIED

SUSTAINABILITY FAIR
Councilman Mayer noted that the Sustainability Fair was quite a success and extended his thanks to the Sempowski’s for their hard work.

SUPERVISOR’S REPORT
The report of the Supervisor was approved on a motion by Councilwoman Turk, seconded by Councilwoman Gardner. The vote went as follows:
CARRIED

MINUTES MAY 7, 2009
The minutes of the May 7, 2009 meeting as published were approved on a motion by Councilman Mayer, seconded by Councilwoman Gardner. The vote went as follows:
CARRIED

GUESTS
Mr. Sempowski noted that there are some CFL bulbs left over from the Sustainability Fair. He thinks they should be used in the Town or Village buildings, and the remaining bulbs should be distributed in some way.

RESCHEDULE JULY 2^ND. MEETING
On a motion by Councilman Mayer, seconded by Councilwoman Gardner the July 2^nd. Meeting date was changed to June 30^th. The vote went as follows:
CARRIED

SURPLUS –COURT
There is a desk inventory #05112, two small school desks and a long wooden shelf/counter inventory #05117 that are not in use at the court, they are not in great shape, and they will be disposed of it they cannot be used by another Town related organization. Declared surplus property on a motion by Councilman Mayer, seconded by Councilwoman Turk.

LIVINGSTON COUNTY AGRICULUTRAL FARMLAND AND PROTECTION BOARD
Supervisor Yendell noted that Jeff Shanks has been appointed to the Livingston County Agricultural Farmland and Protection Board at the County at the Supervisor’s meeting

HEALTH INSURANCE
Supervisor Yendell reported that the State has imposed a surcharge on health insurance

Single: up $15.33, two person $22.36 and family $41.27 per month. This is retroactive to the first of the year. When it comes time for the budget we are going to have to sit down with the employees and discuss ways to manage increasing costs of healthcare coverage.

Councilwoman Gardner would like information on what other health insurance plans are offered within the County and how they compare with coverage and cost to what we have.

Supervisor Yendell reported that he spoke to Blakeslee with Bond Financial and he will be at the August meeting to tell us what the rates are.

MORATORIUM
Councilman Mayer moved that we extend the moratorium as a discussion item for another month. Motion seconded by Councilman Marcellus. The vote went as follows:
CARRIED

ZONING UPDATE
Attorney Kruk advised that the SEQR review may be conducted at the next meeting. It is almost complete and board members will have an opportunity to review it in advance. The public notice of the change in the July meeting will also include the information that SEQR will be discussed at the June 30^th meeting.

AMBULANCE REPORT
Total of 39 calls, Town 28, Village 11, Mutual Aid 12 calls, patients transported 24, total man hours 317.

WINDOWS TOWN HALL
The original windows on the main floor have been assessed by Steve Jordan. He will submit written recommendation. He did think the windows are in very good shape although repairs are necessary to make them operable and weatherproof.

INSULATION
Supervisor Yendell reported that the he obtained several estimates to install insulation in the Town Hall. He has talked to Bernie Thoma to explore the possibility of obtaining grant money to assist with the project.

TRAFFIC & SPEED ISSUES
Supervisor Yendell received complaints about speeding on Doran Road and Markham Road. Surveillance by the Sheriff’s Department shows the average speeds to be 45 mph. The Livingston County Highway Superintendent will investigate the traffic condition on Gale Road between 15A and Dalton Road.

Councilwoman Gardner recommended that George Harvey be appointed to the vacancy created by Mr. Finucane’s resignation. This appointment will extend through Mr. Finucane’s term which expires December 31, 2009. Councilwoman Gardner noted that Mr. Harvey and Ms. Allen were the only candidates identified in a recent search for a Town Planning Board position. A search will be conducted for a new alternate member. The vote went as follows:
CARRIED

INDIVIDUAL ANNOUNCEMENTS
Councilman Marcellus has the equipment to run movies upstairs and would do so if he can find additional volunteers to be involved. He distributed promotional materials for the Trailways to Treasures and the Crossroads Festival Battle of the Bands application.

Councilwoman Gardner informed the board that an initial meeting to discuss a joint development of a new website for the Village and Town of Lima has been scheduled with Village Trustee, Jerry Warsaw, for June 17, 2009 at 10 AM.

Attorney Kruk reported that he has drafted a proposed local law regulating cross-connection and backflow prevention with reference to the Town water supply and distribution system. If adopted, the local law will be incorporated in our Town Code. He also distributed to each Board member a copy of the present Code of Ethics of the Town of Lima, last amended in the early 1990s, together with a copy of pattern legislation that he recommended be reviewed and possibly used to update our Code. The Board will prepare to discuss this issue at its regular meeting of August 6^th.

Attorney Kruk reported his contacts with the Livingston County Department of Health and the DEC concerning the environmental concerns involving the property located at 1920 Buell Avenue. He stated that the DEC informed him that all liquid substances were to be removed from the 1920 Buell Avenue building by a contractor retained by the DEC on June 5^th. Superfund monies would be used to defray the cost. Some discussion was held addressing the possible need for further environmental site testing (Phase II environmental review) of the grounds around the 1920 Buell Avenue structure, as well as the interior of the building itself. This issue will be discussed at the upcoming Village Board meeting and future meetings.

Superintendent Arner reported completion of $16,000 of County work year to date.

Early completion of paving has yielded approximately $5000 in savings by avoiding later cost increases in materials.

He reported an inquiry from the Town of Geneseo for the potential to purchase gravel for work to be completed on Nations Road.

Board discussion centered on how much gravel would be used relative to the remaining supply.

Councilwoman Turk reported the Historical Society held its annual dinner on May 18^th. New officers have been elected and a house tour is coming up.

Tuesday, June 12th, Richard Belsen who plays the violin and tells stories will be at the Library, made possible by a grant from the Arts Council.

The Library will hold an open house from 3pm to 7pm on September 18^th, in conjunction with the ground breaking and fall book sale, the celebration will include a band and refreshments.

SALES TAX
Supervisor Yendell reported the sales tax is down about 4.5 percent for first quarter. There may be funding available from stimulus monies to continue the rent subsidy/low interest loan programs available to help new business start up as part of the downtown business district revitalization programs. He shared this information with the Village.

The meeting was adjourned at 8:45 P.M. on a motion by Councilman Mayer, seconded by Councilman Marcellus.

Marilyn Heers
Deputy Clerk

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, NY on the 7th day of May 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

CEO Report
The report was accepted as presented. Upon motion by Councilwoman Turk, to approve the CEO report as submitted, and seconded by Councilman Mayer, the vote went as follows:
CARRIED

General Vouchers
General vouchers # 175-232 totaling $18,050.90 were approved as presented.

Highway Vouchers
Highway vouchers numbered # 79-100 totaling $40,588.59 were approved as presented.

By motion of Councilwoman Gardner to approve vouchers as presented and seconded by Councilman Marcellus the vote went as follows:
CARRIED

Supervisor’s Report
Upon motion by Councilman Mayer to approve the Supervisor's April 2009 Report as presented and seconded by Councilwoman Turk the vote went as follows:
CARRIED

Minutes
Upon motion by Councilwoman Turk to approve the April 2, 2009 Minutes as presented and seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Guests:
Robert Morgan-Assessor
Morgan, Assessor noted the primary function of the Assessor is to appraise property at a uniform percentage of value. Uniform percentage, under state law, can be any percentage from 1% to 100%. Assessor Morgan stated that Livingston County assessors strive to value property at 100% during periodic updates. Mr. Morgan stated that he agreed to accept an equalization rate of 95%, as did assessors in the Towns of Avon and Caledonia for the 2009 tax role. Mr. Morgan also works as Assessor in the Town of Conesus and stated their equalization rate is at 88%, due to the sales on Conesus Lake.

Mr. Morgan updated the board on assessments for the Town of Lima. Mr. Morgan stated that assessments in Livingston County are completed every four years. Some towns such as Leicester, Livonia and York will be updating annually. The condition of the assessment role right now is not too bad.

When Mr. Morgan looks at the sales they are generally higher than the assessment. The 2001 final assessment role in Lima was $171,341,887 and 2008’s final assessment role was $243,573,543 resulting in a fairly substantial growth of $72,231,656. Mr. Morgan expressed the importance of assessments. The formula used to find the market value of a home is dividing the assessment of a home by the equalization rate. Mr. Morgan stated the Town of Lima should be at 100% by 2010.

The assessment role increase for 2009 increased by a bit over $800,000 due to assessment adjustments. He believes a half million in assessed value was lost due to sales of a property, foreclosures, etc., at this current time of the market.

Mr. Morgan indicated the Lima Crossroads Apartments law suit is pending due to Real Property Law subsection 581-a. Assessment of Residential Real Property- stating: the assessed valuation of real property used for residential rental purposes where at least twenty percent of the residential units are subject to an agreement with a municipality, the state, the federal government, or an instrumentality thereof, which agreement restricts occupancy of those units to tenants who qualify in accordance with an income test, shall be determined using the income approach as applied to the actual net operating income, after deducting for reserves required by any federal, state or municipal programs. Special Counsel, Peter Skivington, is representing the Town in tax assessment cases.

Mr. Morgan ended by indicating our community is pretty stable. He also thanked Councilwoman Gardner, for her support in reviewing procedures for collection of rollback taxes due when property that has received an agricultural exemption is taken out of agricultural production. He informed the Board that this procedure, which has not been followed in some parts of Livingston County in recent years, is supported by area assessors and that he is working with others to correct this situation.

Councilwoman Gardner explained to the board what Agricultural rollbacks are. She stated there is an Agricultural Assessment program whereby landowners of properties that are in agricultural production can apply for an agricultural exemption which results in a reduced property tax levy if certain conditions are met. However if a property is converted to a non-agricultural use, in accordance with state law, a payment to recapture forgone taxes is imposed. Councilwoman Gardner said that the exemption program has the effect of shifting tax liability to others and that, if the terms of the exemption are not satisfied, the rollback should be imposed as provided for in law.

Councilwoman Gardner also thanked Mr. Morgan for attending the Agricultural Advisory Committee meeting, and helping people to understand the process that is used to develop valuations for agricultural land, structures and residences.

Supervisor Yendell read a memorandum from the New York State Office of Real Property that requires an approval by the board to approve the 2010 reassessment project. Upon motion by Councilman Mayer and seconded by Councilwoman Turk, the vote went as follows:
CARRIED

Mr. Morgan asked the Town Board to consider obtaining the services of Tom Morgan, president of Morgan Associates, who helped complete the last two assessments for the Town of Lima, to complete assessments again this year at the same fee of $2500 for the 2010 budget year.

Upon motion by Councilwoman Turk to expend funds for Tom Morgan, Assessor for the 2010 budget year, seconded by Councilman Mayer, the vote went as follows:
CARRIED

Supervisor Yendell asked that the K&K Stripping property on Buell Avenue, Kenneth Schrieb property, be reassessed because in his opinion this property may be over assessed. Mr. Morgan confirmed he will follow up with a review of the reassessment.

Guest-Ray Magar
Mr. Magar asked Attorney Kruk if there were any new developments, after his Court appearance, regarding the 1920 Buell Avenue building owned by Kenneth Schreib. Attorney Kruk indicated the case was dismissed without prejudice.

Mr. Magar handed out a newsletter from TRIAD News. Livingston County TRIAD is a cooperation to reduce criminal victimization of the elderly. Anyone interested may view the newsletter at the Town Hall.

Mroczek Gravel Agreement
Supervisor Yendell read the Mroczek Gravel Agreement for the Town of Lima.

Agreement: JOSEPH MROCZEK and CATHERINE MROCZEK, residing at 1367 Heath Markham Rd., Town of Lima, Livingston County, New York, hereby grants to the Town of Lima, Lima, New York, a temporary right of way over certain lands owned by Joseph Mroczek and Catherine Mroczek, known and described as 1367 Heath Markham Road in the Town of Lima, Livingston County, New York.

This Agreement shall run for a term of three (3) years from the date hereof, upon the following terms and conditions:

1. The Town of Lima shall have the right to go upon the aforesaid premises in the area designated by the owner for the purpose of excavating gravel and for the purpose of removing said gravel, at such times and in such amounts as the Town of Lima may require during the period of this agreement.

2. The Town of Lima shall pay to the owner $2 dollars and 20 cents ($2.20) per cubic yard for each yard of gravel removed from the owner’s land in accordance with the terms of this agreement, payments to be made quarterly on March 1, June 1, September 1, and December 1 based on the cubic yards of gravel removed during the preceding quarter.

3. The Town of Lima shall remove necessary top soil from the area to be excavated but shall stockpile the same soil and shall replace the same after the gravel has been removed and shall dispose of all large or unusable stones.

4. The Town of Lima shall further excavate only an area large enough to meet the Town’s need each year, and when gravel has been removed and the area no longer used, the Town shall replace the top soil so as to allow as much of owner’s land to be cultivated as possible.

5. The Town of Lima agrees to construct a road to the area to be excavated and to keep both the roadway and the excavated area safe for travel and to further maintain the height of the work face and the pit as required by the municipal ordinance applicable thereto. The roadway near the residence on the premises will be properly dust oiled for a distance of approximately Six Hundred (600) feed from the Heath Markham Road East and the Town shall install a chain or gate at the entrance to the roadway.

6. The Town shall remove top soil from the roadway to be constructed and will replace the top soil at the request of the owner at such time as the roadway is no longer required to service the pit. NO slope shall exceed ten percent (10%) on the driveway or pit area after operations have ceased.

This Agreement shall terminate on the 31^st day of May, 2012 and shall be binding on the parties hereto, their heirs, distributee, assigns or successors in interest, and shall run with the land.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 7^th day of May 2009.

Moratorium
Upon motion by Councilman Mayer to keep the topic of a moratorium open as a discussion item to next month, seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

Ambulance Report
Supervisor Yendell read the ambulance report for March. The report showed a total of 44 calls, twenty calls from the town and 24 calls from the village, resulting in 342 man hours.

Fire Department Report
Supervisor Yendell read the fire report. Said report showed six calls. One false alarm; three motor vehicle accidents; one mutual aid and one grass fire resulting in 200 personal hours.

Rescind $30 Bounced Check Fee
Supervisor Yendell stated to the Town Board that Jennifer Shanks, Town Clerk attended the New York State Town Clerk’s Association training and learned that General Municipal Law subsection 85 allows for imposition of service charges up to $20 for a bounced check fee. Upon motion by Councilwoman Gardner to rescind prior authorization of a bounced check fee of $30 to the permitted charge of $20, seconded by Councilman Mayer the vote went as follows:
CARRIED

Marriage Search Fee
Supervisor Yendell stated to the Town Board that Jennifer Shanks, Town Clerk attended the New York State Town Clerk’s Association training and was informed marriage search requests should be completed by the requester completing a marriage search form (a.k.a. DOH-301) along with payment of a $10 fee. Upon approval by Councilwoman Gardner and seconded by Councilman Mayer, the vote went as follows:
CARRIED

Brush Pick-up for the Town
Supervisor Yendell indicated two residents contacted the Town office and asked if the Town of Lima Highway Department picks-up brush. Superintendant Arner said at this current time we do not but such service would be helpful for Town residents. Pick-up would be too costly, however there is potential for drop-off of brush for town residents. Superintendant Arner will look into potentially starting this type of project and update the Town Board at an upcoming board meeting.

Town Hall Windows
Supervisor Yendell stated the windows in the Assessor’s office, Village office, Town Board room and American Legion room are difficult to operate and are not weatherproof. Councilwoman Gardner will contact Steve Jordan, an expert in old window repair, to obtain advice on repair or replacement costs and alternatives.

Alliance for Business Growth- 2009-2010 Budget Request Report
Supervisor Yendell read a letter that states funding has been cut for the Alliance for Business Growth. He further expressed interest in working to identify funding to secure the program for Lima for a continued period of time.

Agriculture & Farmland Committee
Supervisor Yendell stated that Jeff Shanks is a member of Lima’s Agricultural Advisory Committee. At the last meeting Committee meeting, Angela Ellis, Livingston County Planning Department, was present and indicated that an opening exists for an active farmer on the Livingston County Agricultural Farmland and Protection Board. Jeff Shanks has shown an interest in this opening. Supervisor Yendell stated that Jeff Shanks is a good candidate. A decision will be made next week.

Councilwoman Gardner agreed that Jeff Shanks is a good candidate for the Livingston County’s Agricultural Farmland and Protection Board because he is active in farming; he is active with the Town’s committee and has good ideas. Councilwoman Gardner is glad to see him step up and represent Lima.

City of Rochester Water
Supervisor Yendell read a letter from Bob Morrison, Water Director notifying their intent to increase the wholesale rate for Lima Water Districts one and two. This will include the Village as well. The proposed legislation will increase the current rate from $1.38 to $1.43 per 1,000 gallons effective July 1, 2009. The 3.86% increase reflects the increase in the Consumer Price Index for the 2008 calendar year.

In response to the proposal to hold water rates for a second year, following cost increases, Councilwoman Gardner asked how water rates charged to Village and Town residents compare, net of debt service. Supervisor Yendell indicated that such information could be obtained for review. Superintendent Arner stated that, in addition to covering City of Rochester charges for water supply, it is also necessary to fund reserves for water line repairs.

Upon motion by Councilwoman Turk to leave rates as is, seconded by Councilman Mayer the vote went as follows:
CARRIED

Proposed Zoning Regulations
Councilman Mayer handed final copies of the draft zoning update regulations to Board members and a copy to be posted to the Town of Lima website. Upon motion by Councilman Mayer to accept the report of the committee for implementation and seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

Upon motion by Councilman Mayer formally requesting the Town Board to send the draft zoning regulations for comments to the Livingston County Planning Department and Town Planning Board and Zoning Board of Appeals, seconded by Councilwoman Turk, the vote went as follows
CARRIED

Upon motion by Councilman Mayer requesting authorization to post the draft zoning regulations to the website and circulate a notice in the paper notifying the community that the zoning regulations are posted on the website, seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

Attorney Kruk stated he did receive Barbara Johnston’s SEQR materials and reviewed it with no problems noted. Attorney Kruk will present and initiate the SEQR material and process with the Town Board in the near future.

Speed on Gale Road
Motion by Councilman Mayer to request the New York State Department of Transportation, pursuant to section 1622.1 of the Vehicle & Traffic Law, to establish a lower speed limit on Gale Road, between Rochester Street (15A) and Dalton Road to 35 miles per hour, seconded by Councilman Marcellus, the vote went as follows:
CARRIED

Councilwoman Gardner asked if the Department of Transportation has review parameters that would allow residents to know what the Department of Transportation takes into consideration before they will support a speed reduction. She noted that residents of Doran, Dalton and Corby Roads had sought reductions and expressed that uniform review guidelines would be helpful in determining whether such requests should be granted consideration. Supervisor Yendell will give Councilwoman Gardner Dave Goehring’s telephone number to contact and determine if such information is available.

Councilman Mayer noted the Recreation Program has their staff in place and will start their publicity to get people signed up. This year Recreation will be held at the school.

Doran Road Speed
Supervisor Yendell read an email from Under Sheriff Martin D. Herkimer which indicated over the last 2 years there have been a total of seven motor vehicles accidents broken down as follows: four car-deer, one vehicle in the ditch, car-dog and a two car accident. A traffic detail will be assigned. It should also be noted the Livingston County Sherriff’s will have patrols on this road periodically.

Further research will be completed before a request, to the New York State Department of Transportation, to reduce the speed on Doran Road will be considered.

Franchise Fee
Supervisor Yendell noted that he and Councilwoman Gardner met with Time Warner Representative, Chris Mueller, and it appears that the best location to install cable service using franchise funds accrued for this purpose would be Clay Street, at approximately $29,000. There are few other locations in the Town that lack Time Warner service and, at the present time, housing density in these areas is insufficient to justify the costs required for service installation. These locations may be subject to installation of Time Warner service if there is more density of homes in the future.

Supervisor Yendell also discussed the franchise fee agreement. Per the previously approved budget, the total fee of 5% for the year 2009 will be allocated, as in past years, 2% toward the construction fund and 3% as the Town deems appropriate. Supervisor Yendell recommended that, beginning in 2010, the entire franchise fee be allocated to the construction fund until the existing commitment for expenditure of funds for service build-out is satisfied. At such time, the Board may review the option of discontinuing the collection of the franchise fee which is collected from a surcharge applied to Town residents’ Time Warner billings.

Councilwoman Gardner agreed to send out letters to the homeowners on Clay Street to assess residents’ interest in Time Warner service to assist with the Board’s determination to use the construction funds as proposed.

Approve Voucher # 158
Supervisor Yendell noted that voucher #158 in the amount of $150 payable to New York Planning Federation Membership was requested by Chairman Gotcsik of the Planning Board and needed approval. Upon motion by Councilwoman Gardner to review, a year from now, the benefits and use of the membership before renewing in 2010, seconded by Councilwoman Turk, the vote went as follows:
CARRIED:

Approve Voucher # 135
Councilwoman Gardner made a motion to approve voucher #135 payable to American Farmland Trust in the amount of $8,019., when the Town receives and deposits same reimbursement from then State, for the municipal planning grant proceeds, seconded by Councilman Marcellus, the vote went as follows:
CARRIED

CHIPS Funding
Supervisor Yendell read a letter from Assemblyman Daniel Burling regarding CHIPS (Consolidated Highway Improvement Program) figures for the Town of Lima. For the 2009-2010 year the total highway funds will be $73,424.

Insulation costs for the Town Hall
Supervisor Yendell read estimates he received for insulating the Town Hall. Coler Natural Insulation gave the Town an estimate of $13,440.36. Second was Energy Insulation Systems Inc., $5,210.00 and lastly, awaiting an estimate from MIG Building Systems. More information will be forthcoming at our June 4th meeting.

Swine Flu Information- aka H1N1
Supervisor Yendell distributed a health advisory pamphlet from the Livingston County Department of Health. Livingston County Department of Health works closely with the New York State Department of Health and other health officials to ensure the health and safety of our residents. For Livingston County: five specimens have been submitted for analysis, four were negative for influenza, one is positive for influenza A, meets the definition of a suspect case and has been submitted to Wadsworth Laboratory, Albany for further testing. Results will be announced after the culture is complete.

Individual Board Member Announcements
Councilman Marcellus is working to bring up a server for communities and has opened a package called “open chamber”. This allows you access to a scanner, calendar, news place, etc. After Councilman Marcellus works with and learns this package, he will see if the Town is interested in utilizing same.

Councilwoman Gardner reported the Sustainability Fair went well. Members of the Green Energy Committee and Historic Preservation Commission were appreciative of the support and attendance of all Town Board members. Registrations accounted for 275 attendees and total attendance, including people who did not register and those who attended with registrants, was estimated between 300 and 400.

To help raise awareness of the Agriculture Advisory Committee’s planning work, Councilwoman Gardner prepared a display which is located in the main corridor of Town Hall. She explained that the Committee is presently involved in the review and development of agriculture-related zoning regulations and that the two consultants are preparing draft regulations for review by the Committee.

Councilwoman Gardner noted she had not yet begun the work to update the town’s website but this work will be a priority in the coming months.

Councilwoman Gardner also repeated her desire to move forward with the appointment of a Board of Ethics. She will work with Attorney Kruk on a review and update to provisions of this purpose.

Attorney Kruk noted the Village Board agreed to waive any requirement for variances in connection with the front or side set-back for the Town Library.

Councilwoman Turk said the Library seems to be progressing fairly well. May 18^th they plan to present some landscaping to be approved by the Planning Board and can then begin breaking ground for their new expansion.

Superintendent Arner informed the board that he purchased the remaining salt of 1800 ton. As a result of less than anticipated salt usage over the 2008-2009 winter, he anticipates a savings in the current budget year of approximately $43,000.

Councilwoman Gardner asked for an update on the potential construction of a salt storage shed. Superintendent Arner will do some research and update the board at a later meeting.

Superintendent Arner informed the board he purchased the surplus tractor, as authorized by the board. He explained that it has been painted and is in great shape. He presented a request to outfit the tractor with mowers. Upon motion by Councilwoman Gardner to expend the funds up to $5000 for mowing attachments for the tractor, seconded by Councilman Marcellus, the vote went as follows:
CARRIED

Superintendent Arner said other than the Town trucks, the Highway Departments equipment is up-to-date and in great shape. Supervisor Yendell asked about purchasing used Town trucks. Superintendent Arner said with regulations becoming stricter on emissions, and used trucks may not be the most economical and financial way to proceed.

Superintendent Arner noted they are no longer using Aramark Uniform Company due to the poor service in the last year. He suggests the highway crew wear a specific colored shirt with a Town Logo on it and jeans of their choice. He will hold a discussion with his crew and give the board an update.

With no further business, on a motion of Councilwoman Turk, seconded by Councilman Marcellus, the meeting was adjourned at 9:23 PM. Carried unanimously.

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, NY on the 2nd day of April 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

CEO Report
The report was accepted as presented. Upon motion by Councilwoman Turk, to approve the CEO report as submitted, and seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

General Vouchers
General vouchers #123-174 totaling $22,939.26 were approved as presented with two vouchers being deferred: #135-American Farmland Trust to be held pending grant reimbursement & #158-NY Planning Federation to review and assess membership benefits.

Highway Vouchers
Highway vouchers numbered #60-78 totaling $10,907.31 were approved as presented.

By motion of Councilwoman Gardner to approve vouchers as presented and seconded by Councilman Mayer, the vote went as follows:
CARRIED

Supervisor’s Report
Upon motion by Councilwoman Turk to approve the Supervisor's March 2009 Report as presented and seconded by Councilman Mayer the vote went as follows:
CARRIED

Minutes
Upon motion by Councilwoman Gardner to approve the Minutes as presented, seconded by Councilman Marcellus the vote went as follows:
CARRIED

Guests:
Vacant Building at 1920 Buell Avenue
Ray Magar thanked the board for allowing him to express his opinion. Mr. Magar expressed serious concerns about the vacant building owned by Kenneth Schreib and located at 1920 Buell Avenue. The building and grounds are in poor repair and unsightly and the location has become a hangout for young people. The presence of hazardous materials in the open building presents the risk of harm or injury to these young people. He distributed a report from the Livingston County Treasurer which indicates past due taxes dating back to the year 2004 and bankruptcy as of 2005.

Several residents spoke up with concerns related to the location. Steve Burch, 1950 Buell Avenue, reported that kids are seen entering and exiting the building between the hours of 11 PM and 2 AM. He also reported the recent arrest of two individuals in connection with a broken window on his daughter’s new SUV and indicated that the unattended building is contributing to neighborhood vandalism. Mr. Burch requested that sensor lights be installed and no trespassing signs posted to deter people from entering the property. Carol Burch, also a resident at 1950 Buell Avenue, next to this building, stated that she as well as others in the vicinity have cancer or other health related issues, and she expressed concern that the presence of hazardous materials at this location could be a factor.

Nearby residents would like to see the building demolished, however, funds are an issue.

Supervisor Yendell stated he would call the Livingston County Sheriff's Office tomorrow to discuss posting “No Trespassing” signs on the property and to request that the area be patrolled between the hours of 11 PM and 1 AM. Supervisor Yendell also asked Ray Magar to attend the Village Board meeting on April 14^th, as the property Is located within the Village, thus making the situation a village issue.

Dick Rapp questioned why the location couldn’t be condemned. Town Attorney Kruk replied that this is possible. The process would require public hearings to allow residents and taxpayers to voice their opinions and have the property evaluated. A court would be able to give title to the Village. Mr. Rapp asked what the time frame would be for a procedure and Town Attorney Kruk stated a matter of months.

Doran, Pond & Gleason Road Water Petition
Kathy Haight presented the Town Board with a petition signed by residents of Doran Road, Pond Road and Gleason Road. The petition includes signatures of individuals who would like the Town to explore the possibility of installing public water to service their residences. Mrs. Haight informed the board that she has been a Doran Road resident for four years and has experienced serious water related issues due to heavy iron content and supply shortage. She reported that Moravec, a company that digs wells, has informed some residents that water supply in the area is known to be problematic. Further, she reported that other residents travel to haul water to their homes and that many residents, as indicated by the petition, would like information regarding the costs that would be associated with public water installation and whether Federal or State grant monies might be available to subsidize these costs.

Supervisor Yendell stated the Town would do some research to determine the cost. Cost of the project would be borne by the benefited users.

Town Attorney Kruk indicated that if project costs are supported by affected residents, the Town Board may seek approval from the State Comptroller to finance the project.

Doran Road resident Shirley Murphy expressed concern about the lack of water if there were ever a fire. There are a few ponds but what if more water was needed. David Kirkwood, Lieutenant of the Lima Fire Department, said that would not be an issue as they would have tanker relays from area Fire Districts.

Lima Public Library
Cathy Allen, Librarian, stated the library was awarded a construction grant for expansion on March 10, 2009. This award and matching funds grant made possible by a bequest from Mr. and Mrs. Kenneth Scutt, will be used to construct a community room which will extend from the front of the current building.

Recently, Cathy Allen learned that additional funds may be available as a result of Stimulus monies and she submitted an application which, if approved, would allow for construction of a larger community room to accommodate 50 people.

September 4th is a must “break ground” date to satisfy requirements of the original grant. Cathy Allen said only four libraries received this award and Lima Public Library was one of the four. Cathy requested support for the project form the Town Board and provided a letter for signatures for this purpose. She also noted that Village Planning Board approval is required.

Councilwoman Gardner reported that she learned from Cathy Allen that the Lima Public Library has more than 2,000 cardholders and that a large majority resides in Lima. She noted that support for Library benefits a very large number of Lima citizens.

Joyce Rapp expressed appreciation for the terrific job that Cathy Allen is doing with the library grants, students and their parents.

John Sempowski also expressed that the Lima Library and road works are perhaps the two most important services provided by the Town to the community and that this may not be adequately recognized.

Cathy Allen said that, especially now with economic hard times, more people are borrowing books and videos instead of buying them and using the Library’s computers for job search efforts.

Sustainability Fair
John Sempowski reported that the Sustainability Fair is on track and full with exhibitors.

Update on GCC Application
Mark Petroski, member of the Town Planning Board, addressed the Board on the topic of the GCC site plan review, in particular, the driveway location and potential construction impacts on the adjacent town road. First, he noted that cost to repair any damage to the road which results from construction related work is the responsibility of the applicant, and not the Town. He noted that the Town may require a letter of credit to guarantee payment for any necessary repairs. Second, he expressed his opinion that the driveway would be better situated to the east, adjacent to the Car Wash, to reduce impacts on the Starr residence which is situated immediately to the west and the Slocum residence which is directly across Gale Road. He stated that such relocation would result in an issue with sight distance, a safety issue, but further stated that the Planning Board has the authority to require the applicant to remedy the sight distance. He feels that it is essential that members of the Planning Board acquire additional knowledge regarding the provisions that can be required of applicants in order to achieve the best possible projects for the Town.

Councilwoman Gardner informed Mr. Petroski that she had spoken to CEO Luft and Attorney Kruk regarding a code requirement pertaining to applicant responsibility for reimbursement of costs for construction related road repair. She also expressed appreciation to Mr. Petroski for the substantial time he invested to conduct thorough reviews of the Kistner and GCC applications and noted that his work has helped other members of the Planning Board learn more about review and approval procedures.

Moratorium
Motion by Councilman Mayer to extend the moratorium topic as a discussion item on the agenda for the next meeting of the Board, seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

Ambulance Report
Supervisor Yendell reads the ambulance report for February 2009. A total of 26 calls made. Twelve Town calls and 14 Village calls. A total of 708 miles traveled for 15 patients.

Fire Department Report
Supervisor Yendell reads the fire report for March 2009. A total of 16 calls reported. Pump detail 1, lift assist 1, carbon-detector 1, false alarm 3, smoke in house 1, motor vehicle accident 1, and chimney fire 1, smell of gas 1, mutual aid 5, and grass fire 1.

Snow & Ice Contract
Supervisor Yendell reported an increase in payment from 9.7 lane miles to 10.29 center lane miles for South Lima Road, Poplar Hill Road, Livonia Center Road and Bragg Street. Center Lane Miles are from end of the road to another.

Association of Towns Travel Expense
Highway Superintendent Arner asked that the Board approve his travel expenses for schooling. Upon motion by Councilman Mayer to allow expenses for Superintendent Arner’s schooling, seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

Supervisor Yendell read a letter to Assemblyman Burling from Kevin O’Buckley, Regional Director. The letter read as follows:

Dear Assemblyman Burling: We have completed our review of the intersection of Route 15A and Corby Road in the Town of Lima and apologize for the delay in our response. We have reviewed seven years of accidents, collected traffic volumes and assessed the conditions approaching the intersection.

A review of the accidents has shown a number of tragic fatal accidents (two in 1992 and one in 2002). The data has clearly shown the number of right angle accidents has increased over the period studied.

A review of the traffic volumes entering this intersection has shown they are not of the magnitude that is usually associated with the need for a traffic signal. When minimum established criteria for a signal are not met, they often work to the disadvantage of motorists increasing delays and increasing the potential for rear end accidents. Traffic signals work best when the traffic increases to the point where delays of vehicles entering the intersection become significant. This is not the case at this intersection.

Our analysis has shown the construction of a roundabout may be a reasonable alternative. We believe the roundabout could be the most effective in the remediation of the type of accident this intersection is experiencing. According to the Insurance Institute for Highway Safety, a roundabout can reduce serious and fatal injury crashes by 89%. We have tentatively scheduled a capital project for 2010 for intersection safety improvements at this location. Further investigation of possible alternatives will be ongoing.

As an interim measure we have instructed our Maintenance department to install intersection warning signs on the Route 15A approaches to the intersection and we will be updating the Stop Ahead sign on County Road to current standards. We will continue to monitor the effectiveness of these changes to determine the impact they have had on the safety of the intersection.

$500 Scholarship
Supervisor Yendell read a letter from the New York Town Clerks Association stating Jennifer Shanks was selected to receive a $500 scholarship for town clerk training. Upon motion by Councilman Mayer to authorize Jennifer Shanks to attend two training seminars, seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Individual Board Member Announcements
Councilman Marcellus reported that efforts to organize the Trailways to Treasures Community Sale are underway. Planned activities include a treasure hunt, child care seat safety checks, and activities for kids. Upon motion by Councilman Marcellus to allow a traffic safety check at the highway facility, seconded by Councilwoman Mayer the vote went as follows:
CARRIED

Councilman Mayer reported that interviews for the Summer Recreation Program will take place this month. A meeting of the Zoning Update Committee to review input regarding Draft Zoning Updates submitted by members of Town and Village boards will take place on April 16, 209 at 7pm at the Town Hall.

Councilwoman Gardner attended a statewide Agriculture Conference and reported that key themes included recognition of significant economic contributions by the agricultural sector and strategies for maintaining sector viability and preserving prime farmland. As a follow-up to earlier meeting discussion on the topic of water lines, she pointed out that extension of water lines into areas of concentrated agriculture will increase the pace of development and further, that planning for such infrastructure requires careful study and consideration of all community goals.

Councilwoman Gardner reported that the Town Zoning Board of Appeals met and engaged in a review and discussion of proposed zoning changes. Members expressed support for the changes and will follow-up individually with any additional comments. The Town Planning Board continued its review of the GCC site plan at its regular meeting April 1 and adjourned just after 11:30 pm. A special meeting was scheduled to continue the review on April 7. It is anticipated that a conditional approval may be reached at that meeting.

Councilwoman Gardner asked the other Board members if they had an opportunity to review the Ethics Committee material distributed in March and if there was agreement to develop guidelines for the establishment of a committee. Supervisor Yendell announced that Jean Lacey had provided him with a folder of information pertaining to the last established ethics committee and he will provide this information to Councilwoman Gardner for review. Attorney Kruk agreed to review sample code language regarding the establishment of a committee provided by Councilwoman Gardner.

Councilwoman Gardner reported that Town Clerk Shanks undertook the preliminary review of website improvements to be considered in the development of a new site for the Town and that more work will be undertaken in April, to be reported upon at the May Board meeting.

Councilwoman Gardner reported that Planning Board Chairman George Gotcsik interviewed three candidates for the position of Secretary to the Planning Board and Zoning Board of Appeals. She noted that ZBA Chairman Neenan had agreed to this process and, further, that Village Planning Board Chairman Barry Ingalsbe spoke to Chairman Gotcsik regarding the possibility of retaining a secretary to serve both Town and Village boards. Following discussion with members of the Town Planning Board, Chairman Gotcsik recommends that Julie Moulton be hired for the positions. Ms. Moulton is also employed as secretary by Attorney Steve Kruk. Compensation will be $12.00 per hour.

Upon motion by Councilwoman Gardner hire Julie Moulton as Secretary to the Town Planning Board and Town Zoning Board of Appeals, seconded by Councilman Mayer the vote went as follows:
CARRIED

In closing her remarks, Councilwoman Gardner expressed her opinion that the condition on Buell Avenue is unacceptable. She acknowledged that said situation was a Village matter, but sought agreement from other members of the Board to engage in upcoming discussion regarding added steps to ensure that reasonable maintenance standards are enforced on a consistent basis throughout the Town. She pointed out that residents spoke out strongly about their desire for good maintenance and upkeep in the recent town-wide survey. Supervisor Yendell expressed agreement and stated that it may be time to update related policy and procedures.

Supervisor Yendell informed the Board of a resident inquiry regarding flag lots. The topic will be referred to the Zoning Update Committee.

Supervisor Yendell announced that ten students from Lima will be recognized with Livingston County Teen Recognition Awards at the upcoming banquet: Jessica Beiter, Erin Carroll, Jennifer Ferington, Rebecca Gravenstede, Irene Mosher, Kyle Smith, Joseph Smith, Maggie Testa, Patrick Thompson, and Lauren Thompson.

Supervisor Yendell distributed copies of the new Livingston County Visitor Guide and commented that it may be the best guide yet produced.

Water Certification
Superintendent Arner distributed a letter to board members stating that Eric Gillette earned certification as a water operator Grade: D-Distribution System. Superintendent Arner reported that Eric completed the work to earn this certification on his own time and requested that Board members approve a fifty cent per hour raise for Eric Gillette, the standard adjustment for obtaining said certification. Upon motion by Councilman Mayer and seconded by Councilwoman Turk the vote went as follows:
CARRIED

Superintendent Arner spoke of the possibility of locating a new exit from the Town Highway Garage on the adjoining VanMaaren parcel. He indicated that it would be desirable to reach agreement for an easement or right-of-way in order to lessen traffic of town trucks and equipment through the surrounding residential neighborhood.

Councilwoman Turk reported on the Friends of the Lima Library. Friends are working on Co-sponsoring a bounce house for Crossroads Day with the Historical Society.

The Friends will host a public presentation on May 3^rd, Mail Fraud in the 21st Century at the Town Hall.

The Lima Historical Society will hold a house tour on September 26th and currently has 6 homes. June 6th is the Library book sale. The Friends are currently working toward 501 (c) (3) certification.

With no further business, on a motion of Councilman Mayer, seconded by Councilwoman Turk, the meeting was adjourned at 8:30 PM. Carried unanimously.

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, NY on the 5th day of March 2009 at 7 pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

CEO Report
The report was accepted as presented. Upon motion, to approve the CEO report as submitted, by Councilwoman Turk and seconded by Councilman Marcellus, the vote went as follows:
CARRIED

General Vouchers
General vouchers numbered #78-122 totaling $20,068.46 was approved as presented.

Highway Vouchers
Highway vouchers numbered #41-59 totaling $28,521.47 was approved as presented.

By motion of Councilman Mayer to approve vouchers as presented and seconded by Councilwoman Turk the vote went as follows:
CARRIED

Supervisor’s Report
Upon motion of Councilwoman Turk to approve the Supervisor’s February Report as presented and seconded by Councilman Mayer the vote went as follows:
CARRIED

Minutes
The minutes of the February 5, 2009 and February 24, 2009 meetings were approved on a motion by Councilwoman Gardner, second by Councilman Mayer the vote went as follows:
CARRIED

Guests
John Sempowski updated the Board on the Sustainability Fair to be held in the spring. He noted that all Town Hall facilities and parking lot will be fully utilized during the event. He also submitted a copy of a press release for perusal by the Town Board.

Mr. Petroski expressed his concern abut the drive way from Gale Road to the campus of the proposed Genesee Community College as designed. He believes there should be a primary entrance from Route 15A to access the entire property. Such an entrance would also be for the use of future development. Mr. Petroski indicated that the Gale Road driveway could be used as a principal access point at the outset, with plans for an additional entrance on Route 15A to be constructed later, once necessary NYS Department of Transportation approval can be obtained.

Comprehensive Plan
Supervisor Yendell reported that he had a request for a copy of the Comprehensive Plan. Since hard copies are not available, he gave the person a disk but asked if Board members would like to implement a charge for the distribution of disks in the future. Motion by Councilman Mayer that $5.00 be charged for each disk and also inform people that there is a copy of the report available for review at the Town Clerk’s office and the Library. Motion seconded by Councilwoman Turk, the vote went as follows:
CARRIED

Moratorium
Motion by Councilman Mayer to extend the moratorium topic as a discussion item on the agenda for the next meeting of the Board, second by Councilwoman Gardner, the vote went as follows:
CARRIED

Annual Financial Report
Supervisor Yendell distributed copies of the annual report. He noted that on page 64 in the 2007 report the total cash balance of all funds was $1,098,229. On page 62 of the 2008 report the total cash balance of all funds was $1,249,637. His goal is to have budgets that do not require the use of fund balance to provide a balanced budget.

NYS Real Property Report
Supervisor Yendell noted that real property in the Town is assessed at 93.8% of assessed value.

Ambulance Report
Ambulance reported 40 calls, 28 Town, 12 Village and 9 mutual aid for a total of 350 hours.

Insulation Estimate
Supervisor Yendell has received the following quotes for insulation for the Town Hall and the Court House:

In the Town Hall, this includes above the hard ceiling upstairs and to blow in insulation at the front. He will pursue additional quotes. At this time he was not able to get a quote for the Library because of the uniqueness of the roof lines and the suspended ceilings inside the building.

Audit Committee
Supervisor Yendell requested that Councilwoman Turk and Councilman Mayer audit the Town by obtaining a month of bills and abstracts and to also audit the Justice’s books.

Earth Day Award
Supervisor Yendell noted that nominations for the Earth Day Awards are due by March 17^th.
Nominations must describe people’s achievements and be submitted by deadline.

Resignation
Supervisor Yendell received a two week notice of resignation from Sara Harvey who cleans the Town Building. He reported that two applicantions have been received.

Planning Board Secretary
Letter received from Patricia Pragel noted her qualifications for the position of secretary of the Planning Board. Applications will be given to Planning Board Chairman George Gotcsik for his review.

Speed Limit on Town Road
Highway Superintendent Arner was questioned regarding what was needed to lower the speed limit if requested, on Gale Road when the Genesee Community College is opened. Following discussion, Board members agreed to defer action until the traffic is in place and then do a traffic study and submit a request if justified by the change in traffic conditions.

Grants
Councilman Marcellus reported that we did not get a Main Street grant but that we had a good score. The plan is to re-submit but the terms of submission will be different and the next submission cannot be made by the municipality but must be sponsored by a non-profit entity.

The Village has put in a letter of intent for a Restore New York grant; they need to get a revitalization plan in place.

Crossroads Festival
Crossroads Festival will be oriented towards children and families this year.
Councilman Marcellus would like to see a portal designed for all the different web sites in use in Lima government.

Summer Recreation
Councilman Mayer reported that the Town will be notified sometime in April by the School District regarding use of the Lima school building for summer recreation, if not, would like to use the Town Building as a fall back. All members were in agreement with this proposal.

Planning Board
Councilwoman Gardner reported that the Kistner project received conditional approval at the last meeting.

Crossroads Council
The Crossroads Council will be updating the welcoming packet with information about the local area to be distributed to new residents. There is no charge to local businesses to include special offers or information in the welcome packages.

Ethics Committee
Councilwoman Gardner distributed information from the New York Association of Towns regarding guidelines for the formation of an Ethics Committee. She requested that board members review the material before the next meeting and be prepared to discuss steps to appoint a committee for the Town. She also distributed a copy of the Town’s Code of Ethics for review and comment.

Tax Cases-property tax assessments
Attorney Kruk reported that Crossroads Village has filed a tax case which will not be resolved this year and we may soon have the same with another residential complex. The Town will have to decide what action they would like to make.

Town Website
Councilwoman Gardner stated that she would like to begin the process of updating the Town’s website, in accordance with the budget provision made for this purpose. She requested that Town Clerk, Jennifer Shanks, be involved in the process and asked if others might like to work on the project. Councilman Marcellus offered to participate and Supervisor Yendell indicated that he would be available to assist. She suggest that the first step would involve identification of requirements, followed by selection of a website designer and indicated preliminarily that it may be possible to have a new site in place by fall.

Fire Department
Fire Department reported 4 MVA’s, 1 CO, 1false alarm for 223.5 man-hours.

Highway Superintendent
Superintendent Keith Arner has ordered his new pick-up truck asked how the board wants to dispose of the old truck. He recommended that it be put out for bid. If the bids are rejected, it can be sent to the next municipal auction. Superintendent Arner will advertise for bids with a minimal price included. The Kelly Blue Book indicates an estimated retail value of this truck is $9,000 to $10,000 with 100,000 miles.

Motion by Councilman Mayer declared the truck as surplus as of May 1^st to be sold at public or private sale, motion seconded by Councilwoman Gardner.
CARRIED

Arner reported that the Town needs to update mowing equipment. He has received information from Federal Surplus that a 1988 Case tractor is available with 930 hours at a cost of $1500.00.

Motion by Councilman Mayer to update mowing equipment and second by Councilwoman to purchase tractor if it meets his requirements.
CARRIED

The meeting was adjourned at 9:15 P.M. on a motion by Councilwoman Turk, seconded by Councilwoman Gardner.

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, NY on the 5th day of February 2009 at 7pm. Notice was printed in The Sentinel.

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

CEO Report
The report was accepted as presented. Upon motion by Councilman Mayer, to approve the CEO report as submitted, and seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

General Vouchers
General vouchers #19-77 totaling $41,109.63 were approved as presented.

Highway Vouchers
Highway vouchers numbered #16-40 totaling $32,405.84 were approved as presented.

By motion of Councilwoman Turk to approve vouchers as presented and seconded by Councilman Marcellus the vote went as follows:
CARRIED

Supervisor’s Report
Upon motion by Councilman Mayer to approve the Supervisor's January 2009 Report as presented and seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Minutes
Supervisor Yendell explained that after review of Town Planning Board appointments made at the Organizational Meeting, there were three terms that expired in the same year. A review of past Minutes confirmed Mr. Petroski was appointed to complete the term of an appointment vacated by William Gruschow which expired December 31, 2008. Following discussion, board members opted to defer action on the appointment. Upon motion from Councilwoman Turk to send a letter informing Planning Board member Mark Petroski of findings and seconded by Councilman Mayer the vote went as follows:
CARRIED

Upon motion by Councilman Mayer to approve the January 5th Minutes as presented and seconded by Councilman Marcellus the vote went as follows:
CARRIED

Upon motion by Councilman Marcellus to approve the January 9th Minutes as presented and seconded by Councilman Mayer the vote went as follows:
CARRIED

Guests
Mr. Butch Beaumont inquired about the proposed location of driveway access for Genesee Community College and inquired about the possibility of a traffic light to improve safety with increased traffic. He also expressed a preference for a driveway cut on Rt. 15A rather than Gale Road.

Superintendent Arner suggested that the board may wish to consider a request to the Department of Transportation to reduce the speed limit to 40 mph in the vicinity of the GCC location.

Town Attorney Kruk advised the board that such a request should follow the final determination of the location of driveway access for the project.

Upon motion by Councilwoman Turk to write a letter to the New York State Department of Transportation, to request a reduction in the speed limit to 40 mph on 15A near Genesee Community College, seconded by Councilman Mayer the vote went as follows:
CARRIED

Resolution 1-09 Authorizing Water Tap for Kistner
Supervisor Yendell informed the Board that he received a request from Kistner Concrete Products, Inc. to authorize a water tap from the Village of Lima for the Kistner property on the East side of the Village and as a result of that request, Supervisor Yendell sent request to the Board members. Councilwoman Gardner requested that Kistner provide an estimate of intended water usage and also sought information regarding the capacity of the existing water line that serves the property. Supervisor Yendell forwarded the question regarding usage to Paul Rowe, Kistner, and his response was: “please keep in mind there will be only one bathroom in the currently planned sales building, however, considering long term planning for the potential of manufacturing plant we could be expected to use 50-100,000 gallons per month.

Town attorney Kruk stated the Village Board requires new Town “out-of-district users” water users to sign an agreement that provides automatic consent if there is ever a petition for a Town water district to be formed in the area of the out-of-district users.

Councilwoman Gardner expressed a desire to ensure that the water service level to existing users on the out-of-district water line in question be maintained. She also noted that Todd Clarke, Lakeland Concrete, spoke at the Town Planning Board meeting on February 4. At that meeting, he expressed concern over water supply and reported that his firm currently experiences periods of low pressure.

Supervisor Yendell assured board members that the Town’s engineering firm, MRB Group, will assess the capacity of existing water lines to supply estimated water usage as part of the site plan review process.

If a larger pipe is needed for projected water consumption, a Town water district would probably need to be formed, at a cost to all benefited users. The matter would be put to a vote and all benefited users would opt either aye or nay to formation of the district and the associated expense. This would be a majority rule matter.

Upon motion by Councilman Mayer to pass a resolution to defer water service for the Kistner parcel to the Village of Lima, as an out-of-district water user, requiring, however, that only a ¾ inch tap be permitted and subject to receipt and satisfactory of Town engineering results and site plan approval, seconded by Councilwoman Turk the vote went as follows:
CARRIED

Personnel Policy
Supervisor Yendell explained that the Town experienced a 29% increase in Health Insurance premium cost effective January 1, 2009. In order to partially contain the cost impact of this increase and maintain the current insurance plan, the Town will no longer provide the $500 medical reimbursement fund for covered employees that was implemented in 2008.

Drop Payment. Eligible employees will have a timely opportunity to opt in or opt out of the Town of Lima Health insurance plan for purposes of being covered under the plan of their spouses or significant others. The Town agrees to pay bi-weekly payments equal to an annual total of $800.00 dollars for dropping individual coverage, $1000.00 dollars for dropping dependent coverage and $1300.00 dollars for dropping family coverage. Any new employee becoming eligible during the first calendar year of employment will have the amount of drop payment prorated.

Supervisor Yendell also stated that the mileage rate decreased from .58 cents per mile to .55 cents.

Upon motion by Councilman Mayer to approve the personnel policy with said changes, seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Moratorium
Upon motion by Councilman Mayer to table the moratorium review to next month and seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Ambulance Report
Supervisor Yendell read the Lima Ambulance report for December 2008. There were a total of 18 calls which resulted in 224 total man hours.

Fire Department Report
Supervisor Yendell read the Lima Fire Department report for December 2008. There were 2 mutual aid, 1 gas leak, 1 carbon monoxide detector, 1 electrical, 1 motor vehicle accident and 1 structure fire which resulted in 303 total man hours.

Property Sales for 2008
Supervisor Yendell read letter from New York State Office of Real Property Services indicating that the latest sales survey says Lima is valuing property at an average equalization rate of 93.16%.

Zoning Board Update
Councilman Mayer indicated that the Zoning Update Committee is working on final drafts and requested a motion for a special meeting to be held jointly with the Village of Lima Board for the purpose of receiving the report of the Zoning Update Committee, and to refer it for study to the Town Planning Board and the Town Zoning Board of Appeals. Councilwoman Gardner requested that all members of the Town Planning and Zoning Boards be invited to attend the meeting. Upon motion by Councilman Mayer to schedule a special meeting for Tuesday, February 24, 2009 at 7 pm, seconded by Councilwoman Turk the vote went as follows:
CARRIED

Historic Preservation Commission
Councilman Mayer states we need to formalize the Historic Preservation Commission so it can be properly included in the Town and Village Zoning regulations. The regulations define the criteria for triggering a referral to the committee and the procedures to be used. Upon motion by Councilman Mayer to direct Town Attorney Kruk to draw up an inter-municipal agreement between the Town and Village to create a joint Historic Preservation Commission and seconded by Councilman Marcellus, the vote went as follows:
CARRIED

Nays: 0

Councilman Mayer also informed the Town Board that the Recreation dates will be June 29th thru August 6th. No location is definite at this time.

Municipal Cooperation Agreement
Supervisor Yendell reviewed the 2009 Amendment to Municipal Cooperation Agreement for water between the Village and Town. Revenues are up slightly from 10.56% to 11.91% and the Village at 88.09. Upon motion by Councilman Mayer to sign the agreement, seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Honeoye Falls-Lima as Lead Agency
Supervisor Yendell read a letter written by Cory M. Jenner of Appel, Osborne Landscape Architecture representing the Honeoye Falls-Lima School District. Mr. Jenner is seeking approval by the Lima Town Board for Notice of Intent to Establish Lead Agency, as the HF-L Central School District is proposing a capital improvement project which includes the renovation of existing facilities in accordance with the Environmental Conservation Law and the regulations implementing the State Environmental Quality Review Act (“SEQRA”).

Councilwoman Gardner questioned why the Town of Lima would be an involved agent as there is no school district facility in the Town (outside of Village) and, further, what is the project that is the subject of this request. Since this information was not available, it was determined that the letter would be referred back for clarification prior to any action by the Board.

Traffic Diversion Program
Supervisor Yendell reviewed a program established by Thomas E. Moran, Livingston County District Attorney called the Livingston County Traffic Diversion Program. This program’s goal is to promote safe driving, promote driver financial responsibility and efficiently resolve cases. This allows first time offenders, of certain offenses, to receive a traffic diversion. The cost is $100. The driver is required to attend driver safety training. Drivers who complete the course successfully avoid points on their driving records. Livingston County retains the $100 fee.

Zoning Amendment
Supervisor Yendell suggested the board act on the Zoning Amendment to add schools as permitted uses in the General & Highway Business District. Upon motion by Councilwoman Turk to amend the zoning ordinance to add schools as permitted uses and seconded by Councilwoman Gardner the motion went as follows:
CARRIED

Snow and Ice State Agreement
Supervisor Yendell read the Agreement from the Livingston County Highway Department regarding the extension of State Snow and Ice Control for the 2010-2011 seasons. Upon motion by Councilwoman Gardner to sign the contract, seconded by Councilman Mayer the vote went as follows:
CARRIED

Supervisor Yendell informed the Board that the Town received a bill for the cost of an appraisal and legal expenses associated with a property assessment challenge for a parcel located at 7168 West Main Street. The results of this matter will be reviewed at the March 5^th meeting.

Quality Communities Grant
In accordance with the terms of the Quality Communities Grant obtained to complete the zoning update to implement Lima’s Comprehensive Plan, the Town of Lima required to contribute $2000 and the Village $2200. Supervisor Yendell explained $2316 in remaining funds from a member item received from Senator Volker for the development of Lima’s comprehensive plan can be applied as part of these required payments.

Fire Alarm System
Supervisor Yendell stated the technician for the fire alarm system recommended that a second dedicated telephone line be installed for the system. A second line would allow an alarm signal to be transmitted when the primary telephone line was busy. As part of ensuing discussion, it was noted that the primary line is not in use (other than for receipt of incoming calls) when the building is unattended and therefore, it was determined that the existing line is adequate for the alarm system.

Recreation program survey
Supervisor Yendell read the annual report for the Lima Youth Recreation Program. This report shows that 95 youths participated. Fifty eight were males and 37 were females.

Individual Announcements
Councilman Marcellus has been attending meetings in Avon regarding Rts. 5 & 20 Trailways to Treasurers. This 5 & 20 initiative to promote region wide garage sales includes the towns of Avon, Caledonia and Lima and will take place on June 5, 6th & 7th. This is to encourage people to come to Lima. This event will be called: Lima’s Loot.

Councilman Marcellus reported that the Village of Lima was not awarded the grant for Main Street Improvements. There will be a new round of grants in April. Councilman Marcellus said they will submit again with some adjustments. He will have an exit interview to learn about any aspects of the application that can be improved to increase the chances of receiving funding in a subsequent application. He explained that it is not unusual to pursue an application through more than one round of a grant program in order to be selected for funding.

Councilman Marcellus reported the grant for the Crossroads Festival for the rock wall and Bart & Kevin Entertainment appears to have been cut as a result of funding cuts experienced by the Livingston County Youth Board. The Lima Republican Party indicated they would put up $1100 to help fund the rock wall and Bart & Kevin Entertainment to keep them at the festival. The festival will have a battle of the bands.

Councilwoman Gardner asked Board members to review and consider a resolution prepared by the American Farmland Trust. The resolution asks State leaders to refrain from drastic budget cuts for the Farmland Protection Fund and the Environmental Protection Fund. Councilwoman Gardner further noted that State spending for farmland protection totaled $35,000,000 in 2007 and is targeted for reduction to $17,500,000 over two years. In the scope of the State budget, this amount of funding is relatively small and the proposed cut is large. New York is fortunate to have a concentration of some of the world’s best soils for agriculture and this program helps sustain this land for agricultural use. She further explained that she reviewed the subject at a recent public information meeting that included approximately 30 farmers and non-farmers from the community and that the group expressed strong support for the request.

WHEREAS, farms provide jobs, support local businesses and are part of industry sectors that have a $23 billion economic impact annually in New York; and,

WHEREAS, farms comprise 7.5 million acres of land in New York, roughly 25% of the state’s land base; and,

WHEREAS, farmers have a strong track record of pro-active environmental stewardship in New York; and,

WHEREAS, rapidly changing economic conditions threaten the future viability of New York’s agricultural industry; and,

WHEREAS, the State of New York established a Farmland Protection Program in 1992 to assist towns and counties in developing and implementing local agricultural and farmland protection plans; and,

WHEREAS, over $3 million has been awarded by the Farmland Protection Program to 50 counties and 52 towns to assist in the development of local agricultural and farmland protection plans; and,

WHEREAS, the Farmland Protection Program has awarded more than $151 million to help farmers, local governments and land trusts permanently protect 63,800 acres on 276 farms; and,

WHEREAS, demand for Farmland Protection Program funding has been strong due to the program’s popularity, with a record 181 farms seeking $156 million in state funding to protect 49,500 acres in 2008; and,

WHEREAS, funding for the Farmland Protection Program is allocated from the state’s Environmental Protection Fund (EPF), a dedicated fund whose principle funding source is a state Real Estate Transfer Tax (RETT); and,

WHEREAS, the Governor and State Legislature must take steps this year to protect New York’s valuable farmland and strengthen the future for farms growing across New York;
now, therefore, be it

RESOLVED, That the Town of Lima does hereby urge state lawmakers to support New York’s farmers, the state’s agricultural economy and protection of valuable farmland by supporting funding for the Farmland Protection Program and Environmental Protection Fund; and be it further

RESOLVED, that the Town of Lima does hereby oppose drastic cuts to the Farmland Protection Program and Environmental Protection Fund, as outlined in the Governor’s FY 2008-09 Deficit Reduction Bill and FY 2009-10 Budget Proposal; and, be it further

RESOLVED, That the Clerk of the Town of Lima is hereby directed to forward copies of this resolution to Governor David Paterson, Senate Republican Leader Dean Skelos, Senate Democratic Leader Malcolm Smith, Assembly Speaker Sheldon Silver, Senator Dale Volker, Assemblyman Daniel J. Burling , and the American Farmland Trust.

Upon motion by Councilman Marcellus to approve and sign the Resolution, seconded by Councilman Mayer the vote went as follows:
CARRIED

Councilwoman Gardner also informed the Board that the next Agriculture Planning meeting will be Wednesday, February 11th at 7pm – 9pm. This meeting will be conducted as a roundtable for farmers and landowners to review and discuss zoning provisions to support agriculture.

Superintendent Arner requested that the Town Board approve the purchase of a 3000 gallon high density polyethylene holding tank for using the free salt brine pre-wetting system. Upon motion by Councilman Mayer and seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Councilwoman Turk mentioned Library and Court icicles. Per Supervisor Yendell there is no insulation in each of the buildings. Monroe Insulation and Gutter will give an estimate and Supervisor Yendell will update at the March 5th meeting.

Councilwoman Turk also reported that the Library has not yet received notice regarding the grant application for a building expansion.

Upon motion by Councilman Mayer the meeting adjourned at 8:55 pm, seconded by Councilwoman Turk.

A Special 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, NY on the 9th day of January 2009 at 8:30 am. Notice was sent to The Sentinel and posted to the Legal Board at the Town Hall.

Supervisor Yendell called the meeting to order at 8:30 am with the Pledge of Allegiance.

That J. Peter Yendell, as Supervisor of the Town of Lima, or such person’s successor in office, is hereby authorized and directed to file an application to the New York State Department of State (NYS DOS) under the Local Government Efficiency Grant Program for the 2008-2009 Program Year, and for purposes of this application, be designated as the “Lead Applicant Contact Person” to execute all financial and administrative processes related to the grant program; and

Furthermore, it is the Town’s intention to partner with the Towns of Avon, York, Caledonia, Leicester, and Mt. Morris as part of this application and, should funds be awarded, enter into an intermunicipal agreement with said Towns as required by the NYS DOS; and

Furthermore, the Town intends to apply for funds in an amount not to exceed $250,000, and including a cash match of not less than 10%, and upon approval of said request to enter into and execute a project agreement with the New York State Department of State for such financial assistance to the Town of Lima for the purchase of highway equipment that will be shared by the above mentioned Towns.

Upon motion by Councilman Mayer to approve the Municipal Resolution, and seconded by Councilwoman Gardner the vote went as follows:
CARRIED

Upon motion by Councilman Mayer to adjourn the Special Meeting at 8:35 am and seconded by Councilwoman Turk the meeting was adjourned.

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, NY on the 5th day of January 2009 at 7 pm. Notice was printed in The Sentinel.

Keith Arner, Highway Superintendent

Supervisor Yendell called the meeting to order at 7:00 pm with the Pledge of Allegiance.

CEO Report
The report was accepted as presented. Upon motion, to approve the CEO report as submitted, by Councilwoman Turk and seconded by Councilwoman Gardner, the vote went as follows:
CARRIED

General Vouchers
General vouchers numbered #1-18 totaling $3,067.17 were approved as presented.

Highway Vouchers
Highway vouchers numbered #1-15 totaling $17,028.17 was approved as presented.

By motion of Councilwoman Gardner to approve vouchers as presented and seconded by Councilwoman Turk the vote went as follows:
CARRIED

Nays: 0

Supervisors Report
Upon motion of Councilman B. Mayer to approve the Supervisor’s January Report as presented and seconded by Councilwoman Turk the vote went as follows:

Attorney Kruk read a letter previously sent to Mr. Petroski to answer his questions and explaining that meetings of the Zoning Commission and Sub-committee comply with the open meetings law. Letter follows:

You have asked me to research whether the operations of the zoning review and advisory group may be in violation of the Open Meetings Law (Sections 102 et seq. of the NY Public Officers Law).

The Town and Village of Lima recently adopted a Comprehensive Plan to help guide community growth and development. It was recognized that the zoning and planning regulations of both municipalities required updating and revision to better reflect the goals of the Comprehensive Plan. The Town and Village retained a planning consultant to assist in reviewing our present zoning and planning regulations, and to advise the consultant in development of amendments and new legislation. The Town and Village Boards called for volunteers to help identify needed changes and to assist the consultant in drafting new regulations suitable for our community. The advisory group, sometimes loosely referred to as a “committee,” consists of Lima residents and one advisor affiliated with the Livingston County Planning Board. The Lima residents include, among others, two members of the Town Board, one member of the Village Board, one member each of the Town and Village Zoning Boards, one member each of the Town and Village Planning Boards, the Village/Town Attorney, and two interested citizens.

The advisory group meets about once a month at the Lima Town Hall. A sub-group consisting of some of the same parties meets at a local office once or twice each month. There is no quorum requirement for the meetings, and attendance is not mandatory. Neither the primary advisory group nor the smaller sub-group is authorized or empowered to make any decisions that could bind any official Board or public officer. The task of the advisors is to voluntarily work

with the professional planning consultant in an advisory capacity. The group reviews zoning and planning model regulations, and offers opinions as to their applicability to our community.

The Open Meetings Law defines a “meeting” as “the official convening of a public body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by the members of the public body.” NY Public Officers Law Section 102 (1). “Public body” is defined as “any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof. . . . or committee or subcommittee or other similar body of such public body.” NY Public Officers Law Section 102 (2). Indisputably, “every meeting of a public body shall be open to the general public” except for any portion of a meeting validly conducted in executive session. NY Public Officers Law Section 103.

It is my opinion that the operations of the zoning advisory group (and sub-group) do not violate the requirements of the Open Meetings Law. A line of decisions and opinions cited in the statute notes and commentary clearly establish this point.

In the case of Goodson Todman Enterprises, Ltd. v. Town Board of Milan , 151 A.D. 2d 642 (2^nd Dept. 1989), an action was brought by a member of the public against a town because a Zoning Revision Committee allegedly held meetings not in compliance with the Public Officers Law. The Court noted that the Zoning Revision Committee’s “function was to recommend changes in the town zoning ordinance.” Construing Section 102 of the Public Officers Law, the Court stated “The record. . . reveals that the limited function of the Zoning Revision Committee – for which no quorum requirement exists 

Zoning Districts Regulations and Maps	Definitions of uses added, clarified Re-organized lists of uses permitted “by right” and with a special permit in each zoning district New dimensional requirements incorporated into district regulations; e.g., no setback requirements in Village downtown business district; limit maximum size of retail buildings to 13,500 sq. ft. in the Village and 40,000 sq. ft. in the Town Proposed historic preservation and environmental protection overlay districts shown on map. Additional area on Rt. 15A zoned General Business	§§ 250-10 through 250-64
Environmental Protection	Environmental Protection Overlay Districts (EPODs) established Development within overlay districts subject to additional criteria and Planning Board review Land Conservation zoning districts retained EPODs proposed for Wetlands (State and Federal), Steep Slopes and Stream Corridors. Stream Corridors and Wetlands mapped; Steep slope criteria apply to projects that involve land with slopes of 15% or greater	§§ 250-56, 57, 58, 59
Historic Preservation Overlay District	Establishes process for advisory review by Historic Preservation Commission for specified projects within overlay district. See maps for proposed overlay boundaries. Advisory review must be completed within 30 days of referral	§§ 250-60 through 250-64
Sign Regulations	Revisions incorporated.	§ 250-71
Design Guidelines for Commercial Development	New standards added as new Article	§250-118, 119,120,121
Access Management	Provides additional design guidelines to be applied by the Planning Board during site plan and subdivision review	§250-114
Wind Energy	Provisions accommodate on-site wind energy facilities (“small wind” )	§250-65
Outdoor Storage	Standards for outdoor storage and display in industrial and commercial zones include requirements for buffers and setbacks	§250-93
Outdoor Lighting	Provisions to review outdoor lighting as part of site plan review Criteria to minimize illumination beyond property boundaries	§250-94
Exterior furnaces	New regulations permit outdoor wood-burning furnaces, subject to certain conditions	§250-92
Planned Senior Residential Housing District	“Floating zone” established to accommodate potential future development of senior housing . Town Board would apply zoning provisions to a designated area upon Planning Board approval of a specific site plan	§§ 250-44 through 250-50
Miscellaneous terminology, organization	Term “code enforcement officer” used consistently Term “setback” used in place of “yard” Sections and Articles renumbered