KENDALL TOWN
BOARD–REGULAR MEETING-Thursday, July 12, 2007 7:30
Kendall Town Hall, 1873 Kendall Road ,
Kendall, New York
PUBLIC PRESENT:
Bob Nelson, Joyce Henry, Scott
Hardenbrook, Allen Lofthouse, Bev Lofthouse, Jerry Clement, Marilyn Clement, Gary Smith, Ken DeRoller,
Ken Rush, Clark Lindsay, Michael Schuth, Charles Patt, Sandra Wilson, Betty
Wilson, Vince Flow, Dawn Gardner, Terri Martinez, Rick Martinez, Marianne
Wilson, Ed Smith
CALL TO ORDER
Supervisor Vick called the
meeting to order at 7:42 p.m., and led the Pledge of Allegiance.
ROLL CALL
Councilman Gaesser present
Councilman
Pritchard present
Councilman
Schuth present
Councilman
Scroger present
Supervisor
Vick present
SUPERVISOR’S
REMARKS
A suggestion was made to include a resolution in
opposition to public service law changes regarding Met Towers, which would
allow the State, rather than local governments to determine placement of Met
Towers. A discussion with Senator Maziarz resulted in his statement that he is
in opposition to these changes, and is supportive of local home rule. A
resolution at this time would be premature. Supervisor Vick will contact
Assemblyman Hawley and the Governor’s office for more information. This will be
tabled until August.
The effect of “Timothy’s Law” could be an increase
in medical insurance costs of approximately 3%. This will be a continuing
agenda item.
A letter was received from the County regarding an Animal
Control agreement – the cost
for these services to towns may be increasing. This
will be discussed at the September meeting of Town Supervisors.
Attorney Sansone spoke on the subject of an
extension of the moratorium on wind energy. The moratorium CAN be extended,
with valid reasons explained carefully, and for a specified, limited time. Planning
Board Chairman Nelson and Attorney Sansone will work to put this in place,
focusing on formulating solid reasons to extend the moratorium.
The cemetery advisory committee has identified
tree/stump work that needs to be addressed. The Kendall Highway Department
could complete the work using County equipment, offering reciprocal work in
exchange.
The Town Justices will now be audited annually as
part of the town audit. Attorney Sansone will formulate a resolution to address
this.
APPROVAL OF
MINUTES
Kendall
Town Board Meeting – May 10, 2007
Kendall
Town Boards Meeting – June 14, 2007
Councilman Pritchard moved the minutes be accepted
as presented. Motion seconded by Councilman Schuth. All votes Aye; minutes
accepted.
REPORTS OF
COMMITTEES, BOARDS AND DEPARTMENT HEADS
§
Standing
Committees
§
Public
Safety/Emergency Services & Occupational Safety - C. Scroger, Chair – grant
application in process for building security
§
Highway
- C. Scroger, Chair - none
§
Buildings,
& Grounds – W. Vick, Chair – generator installed, tested, reimbursement has
been requested
§
Planning,
Zoning & Agriculture - D. Schuth, Chair – Zoning Board has planned an extra
meeting for July 31
§
Community
Relations – D. Schuth, Chair – carnival went well, additional money was raised
for the Bicentennial Fund
§
Human
Resources and Ethics - C. Scroger, Chair
§
Finance,
Taxes & Special Districts - W. Vick, Chair.
§
Information
Services - D. Pritchard, Chair – Website has been updated, Supervisor’s
computer is back in service
§
Employee
Benefits - W. Vick, Chair
§
Culture
& Recreation – D. Pritchard, Chair
§
Boards
§
Planning
Board - R. Nelson, Chair – written report submitted
§
Zoning
Board - K. Banker
Department Heads
Supervisor Vick discussed, and refuted a letter from
Ken Rush, Vice Chairman of the Orleans County Legislature, which was presented
and distributed at this meeting by Mr. Rush, pertaining to the property at 1846
Kendall Road. Supervisor Vick asked for the County’s cooperation to get the
deed for this parcel corrected before presentation and transfer of the
property, without contention. Attorney Sansone offered his support to
accomplish the transfer. Supervisor Vick asked Mr. Rush, as our Legislator, if
he will assist Kendall in getting this accomplished. Mr. Rush, when pressed, answered
affirmatively.
PUBLIC
PARTICIPATION
Betty Wilson, Woodchuck Alley, and Sandy Wilson,
Center Road –
Asked for clarification of the term “appropriate” in
the rules and regulations for the cemeteries, as to grave decorations.
Supervisor Vick replied that the decision is left with the family, unless maintenance
issues arise. Mrs. Wilson expressed concern that eight wreaths and their standards were removed and
discarded, and that the flags would be removed before Veterans’ Day according
to the policy. Supervisor Vick agreed that the flags should stay until after
Veterans’ Day. He expressed regret that intact decorations were removed without
permission, and will review the incident and the policy, and contact the
Wilsons with feedback.
Charles Patt, Center Road –
Asked if there is a service agreement for the new
generator. Supervisor Vick answered no.
PAYMENT OF
CLAIMS
General Fund Abstract 007 $ 24,122.46 Vouchers
403-407,409-411,414,415,417- 434,436,455,458-480
Highway
Fund Abstract
007 $ 35,514.12 Vouchers 405,416,417,435,437- 454,456,457
Library Abstract
007 $ 679.33 Vouchers
412,413
Street
Lighting Abstract 007 $
696.64 Voucher 418
Water
District 4 Abstract 007 $ 26,881.25 Voucher 408
$
87,893.80
A
motion to approve the payment of claims was made by Councilman Scroger, and
seconded by Councilman Gaesser. The vote resulted in all Ayes; motion carried.
RESOLUTIONS
Councilman Schuth moved the
following resolution be adopted:
RESOLUTION 94-707 ADOPTING
LOCAL LAW 2 OF 2007, PROVIDING FOR REGULATION OF METEOROLOGICAL TOWERS IN THE
TOWN OF KENDALL
Whereas
all requirements, including Planning Board and Town Board actions, Public Notice,
Public Hearings, SEQRA, and Orleans County Planning Board approval have been met; now therefore…
Be
it resolved that Local Law 2 of 2007, Special Permit Use Regulations –
Meteorological (Anemometer/Met) Towers, as presented and attached, be adopted
by the Kendall Town Board. This Local Law will be filed with the Secretary of
State.
Such
motion was seconded by Councilman Scroger. Supervisor Vick called for a roll
call vote, with the following results:
Councilman Gaesser Aye
Councilman Pritchard Aye
Councilman Schuth Aye
Councilman Scroger Aye
Supervisor Vick Aye
Supervisor
Vick declared the motion carried.
Councilman Pritchard moved
the following resolution be adopted:
RESOLUTION 95-707 RESCINDING
RESOLUTION 80-407 of APRIL 26, 2007, AND RELEASING $48,997.00 of SMALL CITIES
GRANT FUNDS FOR THE ECONOMIC DEVELOPMENT PROGRAM, SMALL CITIES GRANT # 591ED522-05 (EAGLE CREEK
MARINA, DRAW #10)
Whereas,
on April 26, 2007, Resolution 80-407 was passed authorizing Supervisor Vick to
approve draw #10 for Eagle Creek Marina in the amount of $75,766.19, provided
that conditions were met as required for approval, and,
Whereas,
since April 26, 2007 when Resolution 80-407 was approved, until the present,
those conditions for approval have not been met, be it
RESOLVED
that Resolution 80-407 is rescinded for Draw #10, and it is further
RESOLVED
to authorize Supervisor Vick to approve
a new Draw #10 for Eagle Creek Marina in the amount of $48,997.00 of Small
Cities Grant funds for the economic development program, Small Cities grant
#591ED522-05 (Eagle Creek Marina, Draw #10).
Such
motion was seconded by Councilman Gaesser. Supervisor Vick called for a roll
call vote, with the following results:
Councilman
Gaesser Aye
Councilman
Pritchard Aye
Councilman
Schuth Aye
Councilman
Scroger Aye
Supervisor
Vick Aye
Supervisor Vick declared the
motion carried.
Discussion
acknowledged the conditions as including the stamped drawing by the architect
being completed, wall issues, and the satisfaction of the question of fire
apparatus access, as well as receipt of an irrevocable letter of credit.
Attorney
Sansone will draft a letter to Mr. Freemesser, indicating that these three
compliance issues must be completed before any additional draws will be dealt
with.
After discussion, Councilman
Scroger moved the following resolution be adopted:
RESOLUTION 96-707 REPLICA
CANNON DISPOSITION
Be it resolved that the Kendall Town Board
does hereby instruct the Attorney for the Town to formulate, and the Town Clerk
to place, an advertisement for publishing in public newspapers for the purpose
of receiving bids for the sale of excess equipment in its possession known as
the “replica cannon”.
Such
motion was seconded by Councilman Pritchard. Supervisor Vick called for a vote,
with the following results:
Councilman Gaesser Aye
Councilman Pritchard Aye
Councilman Schuth Aye
Councilman Scroger Aye
Supervisor Vick Aye
Supervisor
Vick declared the motion carried.
After the presentation noted
below, Councilman Scroger moved the following resolution be adopted:
RESOLUTION 97-707 BOARD TO
CONSIDER ACCEPTANCE OF NORWAY HEIGHTS DEDICATION
Resolved,
that the Kendall Town Board , barring unforeseen circumstances, and all
conditions being met for dedication, will strongly consider accepting the
dedication of the highway known as Norway Heights.
Such
motion was seconded by Councilman Schuth. Supervisor Vick called for a roll
call vote, with the following results:
Councilman Gaesser Aye
Councilman Pritchard Aye
Councilman Schuth Aye
Councilman Scroger Aye
Supervisor Vick Aye
Supervisor
Vick declared the motion carried.
UNFINISHED
BUSINESS
Dissolution of joint Hamlin/Kendall Water District –
The Kendall Town Board was not satisfied with the presentation at a meeting on
June 14, regarding this dissolution. There has been no response from Hamlin to
the Board’s letter. Supervisor Vick will ask when information can be expected.
2007 Justice Court Assistance Program – Councilman
Scroger will look into what funds are available
Cemetery Trust – expendable funds are needed for
repairs; a judicial action to release non-expendable trust funds to expendable
funds, solely for cemetery purposes, is being sought.
Highway Dedication – Atty. Sansone has provided a
letter stating that there is nothing keeping the Town of Kendall from taking
the dedication of lakefront roads. Mr. Jerry
Clement, representing Norway Heights Dedication Committee, gave a presentation,
summing up its process of preparing for the offer of dedication of their road
to the Town. Supervisor Vick, Highway Superintendent Kruger, and Attorney
Sansone provided information to, and asked questions of, Mr. Clement. Mr.
Clement asked for official gesture of support for potential dedication from the
Kendall Town Board, before further effort is made toward pursuing dedication.
NEW BUSINESS
Amortization Schedule for SW#5 – waiting for the
Town’s former attorney to provide information
Support for Public Service Law Legislation –
Supervisor Vick will speak to Assemblyman
Hawley.
Succession Planning – Assessor DeRoller will provide
the Board with tentative plans and suggestions
for addressing this issue.
RECESS
With there being no further business, Councilman
Scroger moved to recess this meeting to July 26, 2007 at 7:30 p.m., seconded by
Councilman Schuth. All votes in favor. Supervisor Vick declared recess at 10:26
p.m.
Scheduled Meetings:
Recessed Town Board Meeting: July
26, 2007 at 7:30 p.m.
Regular Town Board Meeting: August 9, 2007 at 7:30 p.m.
Respectfully Submitted,
Amy Richardson