Draft VILLAGE OF NAPLES VILLAGE BOARD OF TRUSTEES SPECIAL MEETING, VILLAGE ANNEX April 25, 2012 PRESENT: Mayor

Braun; Trustees Frappier, Williams, Nichols-Scott and Donadio; Attorney Miller; DPW Supervisor Schwartz; Emily McFaul. 3:00 PM Call to order. Vehicle & Traffic Law: Attorney Miller reported that he included in the draft amendment, signs where Ontario St. turns into East Ave and at Monier going south on East Ave. It was agreed that it should be updated to go both ways and that there would be a total of 5 signs. Earth Day: Mayor Braun reported that there was a good turnout with almost 40 bags collected in 1 hours. Paving Quotes: Supervisor Schwartz reported that he has received quotes from Villager Construction and Suite Kote. Villager gave a price of $61,694.50 to mill 1 and put back warm mix on East Avenue and Mechanic Street. Suite Kote gave a price of $28,906 for the two streets excluding milling. Supervisor Schwartz estimated milling to be about $2000. He also reported that the Rt. 21 work has been postponed due to the weather. Suite Kote has the Ontario County bid and has suggested micropaving East and Mechanic and milling Mark Circle. Supervisor Schwartz suggested oil and stone for Academy Street to save past patch work during the schools construction project. He will have all prices for the next meeting. There is $32,000 in the budget for streets and $31,000 in street reserves. He would like to use up to $50,000 and leave $10,000 in reserves. There was a discussion that micropaving results have been good. Hydrofracking Hearing: There was a discussion that the hearing is set for 6:40 PM prior to the May meeting on the 16th and that the Long Environmental Assessment Form will be needed. Vendor Law: There was a discussion that there may be much input at the hearing. Sewer Engineering: Mayor Braun noted that funds have been budgeted to begin making payments on the outstanding bill. He added that the preliminary engineering report done by Stearns & Wheler cost $39,900 and the project never came to a vote. He said he feels the Clark Patterson bill is legitimate. Trustee Nichols-Scott asked if an agreement was signed for the additional work. Trustee Williams said there was not. Trustee Nichols-Scott noted that, as a self-employed person, she must go countless times to present work without being paid. Trustee Donadio said he feels it goes beyond this. He said when the Mayor sought help in working with Hazlitt to determine the viability of utilizing their treatment system, the engineers advised that the system was no good. But, it turns out that it was very good. Trustee Donadio and Williams agreed that they misled the Village on this. There was a discussion about the credentials of the individuals who say Hazlitts system is very good. Trustee Nichols-Scott said she would like to see the bill settled for the amount in the budget. There was a discussion about various litigation scenarios. Mayor Braun said that the Board voted on the type of system to use. Trustee Donadio noted that they would have an obligation to disclose new information that could change the situation for the project and act in the best interest of the client. Trustee Donadio made a motion that he and Attorney Miller draft a letter within the next week outlining the legal strategy. The motion was seconded by Trustee Nichols-Scott and carried with a vote of 4 ayes and Mayor Braun voting nay. MIN4-18-12 reg 1

Draft Rt. 21 Water Line: Mayor Braun reported that the water line on Rt. 21, north of the Village line is in very poor shape. Jeremy Fields has offered to dig a trench if the Village will pay for the pipe. He said that he has had communications with the DOH in Geneva and it can be done but it needs to be engineered. Supervisor Schwartz said that the materials would cost about $15,000. There were discussions about whether it is a private line, whether the Village is obligated to maintain it and whether there is an existing line to the east side of the road. Attorney Miller said that all things being equal, the Village is responsible for water lines and homeowners are responsible for individual services. He added that the problem is that there is no mechanism to charge outside users for the pipe replacement. The Village is under no obligation to provide outside services. It could be terminated or they could form a district. A motion was made by Trustee Donadio that the cost of the line be born by the homeowners served. Trustee Nichols-Scott seconded. Trustee Frappier noted that the problem is that those outside dont share the burden of the cost of maintaining the system. Supervisor Schwartz said that the Village should be charging the school an annual hookup fee and that Village taxpayers support the system, which benefits children from outside the Village. He suggested $20,000 per year to help share the burden. There was a discussion that easements would be needed in order to replace the water line in Rt. 21. Attorney Miller asked whether the line is considered a main. Supervisor Schwartz said that it is a 2 galvanized line, the same as the service lines that homeowners maintain. He added that the DOH has some documentation and their engineer says it appears to be a private line because of the meter pit. Mayor Braun noted that the reason for the meter pit is that it is required at the Village line by the DOH. The motion was carried with a vote of 5 ayes and 0 nays. ADJOURN: A motion was made by Trustee Donadio to adjourn the meeting. Trustee Frappier seconded the motion. The motion carried with a vote of 5 ayes and 0 nays. The meeting adjourned at 4:14PM.

Tamara Hicks Clerk

MIN4-18-12 reg