KENDALL TOWN BOARD

RECESSED TOWN BOARD MEETING - Thursday, July 26, 2007 7:30 p.m.

Kendall Town Hall, 1873 Kendall Road, Kendall, New York

PUBLIC PRESENT: Paul L. Cocuzzi, John Ellie, Joyce Henry, Gert Hauck, George Vito,

Pat Howell, Sharon Cammarata, Tony Cammarata, Pat Kohlmeier, John Kohlmeier, Al Lofthouse, Bev Lofthouse, Diane McNally, Roger McNally, Jim Pawluk, Jean Pawluk, Steve Kruger, Joan Basso, John Pulver, Joyce Pulver, Pat Condo, Robert Brenna, Jr., Paul Jennings, Terry Jennings, Donna Dangler, Jerome Palumo, Patricia Palumo, Judy Brenna, Linda Stout , Tim Hurley, Jackie Hurley, Katie Presutti, Joe Presutti, Donna Presutti, Joseph Stout, Jim Freemesser

CALL TO RECONVENE

Supervisor Vick called the meeting to order at 7:33 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

PRESENTATION

Supervisor Vick introduced Mr. George Vito, Chairman of the Banner Beach Road Dedication Committee, to express for the committee its desire to dedicate this road to the Town. Mr. Vito introduced and thanked Attorney Bob Brenna, a home-owner on Banner Beach, who has done all legal work, without fee, to advance the dedication. Mr. Brenna gave an extensive overview of the history of Banner Beach and efforts to date to prepare the offer of dedication. Supervisor Vick commented that the work has been thorough, asked several questions, including one regarding possible well contamination and opened the floor to public comment.

PUBLIC PARTICIPATION

Several residents of Banner Beach rose to express their support of the proposal for dedication, citing reasons of accessibility to emergency vehicles and health care workers, home-based business postal concerns, and convenience for residents. Mr. Brenna was thanked for his time and exertion toward this process.

RESOLUTIONS

Councilman Schuth moved the following resolution be adopted:

RESOLUTION 98-707 INTRODUCING LOCAL LAW #3 of 2007, EXTENDING THE MORATORIUM ON WIND ENERGY DERIVING TOWERS AND TRANSMISSION FACILITIES

Resolved, that the Kendall Town Board does introduce Local Law 3 as attached for consideration by the Town Board and to allow for public input, and further…

That the Town Clerk is authorized to place a Legal Notice for two Public Hearings to consider adoption of this law, to be held on August 9, and August 16, 2007 at 7:30 p.m., and to make the text of this local law available at the Town Office for public inspection.

Such motion was seconded by Councilman Gaesser. 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.

RESOLUTION 99-707 A RESOLUTION TO CONSIDER THE DEDICATION OF BANNER BEACH ROAD

Councilman Schuth moved the following resolution be adopted:

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 Banner Beach Road.

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.

NEW BUSINESS

Supervisor Vick suggests considering grandfathering the two employees in Premier Health Care program, and to move toward having Preferred Care as the Town’s only carrier. This issue will be decided at a later meeting.

UNFINISHED BUSINESS

Supervisor Vick allowed Mr. Jim Freemesser, owner of Eagle Creek Marina, to address the Board about concerns he has with funding for his Marina, and a dialogue between Mr. Freemesser and the Board followed. Supervisor Vick warned Mr. Freemesser that the talk could include disclosure of his personal financial information. Mr. Freemesser acknowledged that. Mr. Freemesser stated that his reason for attending the meeting was to confirm to the Board that he IS represented by Attorney Phillipone. The Board stated that the Town has asked certain things, and has, through contract, stipulated certain things, agreed to by Mr. Freemesser, that have not been done. The Town wishes to see the project completed. Mr. Freemesser stated that he needs money to complete, and believes the Town is causing a “stand-off”. Mr. Vick reiterated that the Town has stood by its contractual agreement, and will continue to do so. Without an irrevocable letter of credit from Mr. Freemesser’s bank, the Board will not consider a “new protocol” for the drawdown of Small Cities Grant funding. After a lengthy discussion, Mr. Vick stated that Mr. Freemesser will receive, in writing, a statement from the Town Board indicating that the Town will provide a new protocol if Mr. Freemesser can provide a letter of irrevocable credit from his bank.

EXECUTIVE SESSION

Councilman Gaesser made motion to move this meeting to executive session at 9:45 p.m., seconded by Councilman Scroger. All votes in favor. Supervisor Vick removed the meeting to executive session to discuss personnel and financial matters.

ADJOURNMENT

The meeting was resumed after executive session at 10:35 p.m. With there being no further business, Councilman Pritchard moved that the meeting be adjourned, seconded by Councilman Scroger; all votes in favor. Supervisor Vick declared the meeting adjourned at 10:35 p.m.

Scheduled Meetings:

Regular Town Board Meeting – August 9, 2007 at 7:30 P.M.

Town Board Work Session: August 23, 2007 at 7:30 P.M.