KENDALL TOWN BOARD – REGULAR MEETING – January 11, 2007 7:30 PM

Kendall Town Hall, 1873 Kendall Road, Kendall, New York 14476

CALL TO ORDER

Supervisor Vick called the meeting to order at 7:31 p.m. and led the pledge of allegiance.

PUBLIC PRESENT

Kathryn Benfer, Ricky Martinez, Vince Flow, Vicki Palmiotto, Kristen Palmer, Jeff Andaloro, Edward Barrett, Andrew Yorker, Collin Mitchell, Julia Kludt, Wendy Welling, Crystal Whitney, Brian Farr, Eric Liddie, Don Jones, Nathaniel Staines, Wendy Balka, Bob Nelson, Sr., Felicia Naporon, Brianne Mitchell, Rachel Scheridan, Nadine Hanlon, Mike Hanlon, Eric Maxon, Sandra Schieb, Amanda Geiger, Bobby Potter, Bob Snell, Rene Ricker, Shauna Ricker, Barb Flow, Harrison Markell, Staci Waters, Alyssa Olles, Tim Christensen, Emily Rush, Sam Elevaris, Karin Freitag, Crystal Freitag, Gert Hauck, Angel Jaret, Paul Snell, Kevin Banker

ROLL CALL

Councilman Gaesser Present

Councilman Pritchard Present

Councilman Schuth Present

Councilman Scroger Present

Supervisor Vick Present

SUPERVISOR’S REMARKS

Supervisor Vick welcomed the visiting students.

REPORTS OF COMMITTEES, BOARDS, AND DEPARTMENT HEADS

No significant verbal reports of committees, as committees are just forming.

Code Enforcement Officer Hardenbrook submitted a written report.

No other written reports submitted by Department Heads.

Recreation Director Mrs. Flow explained that there is a statement on flyers that partial funding is received from NYS Office of Children and Family Services for Genesee/Orleans Youth. This statement is required by New York State.

Highway Superintendent Kruger submitted a written report.

Mr. Rush from the Legislature gave updates on the County nursing home progress, and the work completed at Point Breeeze. He also reported that a major project for 2007 will be the plans for a new jail.

Supervisor Vick introduced the new Attorney for the Town, John Sansone.

CORRESPONDENCE

A letter from the County Health Department was summarized.

A notice of the appointments for 2007 of Amy Richardson, Marianne Wilson, and Gert Hauck as Deputy Clerks was read.

PUBLIC PARTICIPATION

Julie Kludt, 1560 West Kendall Road, Kendall

Mrs. Kludt expressed her concern about the new Town Building Use Policy. She feels strongly that the building is for community activities, such as the Red Cross and Girl Scout activities. Her sentiment is that the personal insurance edict is unnecessary, and will be ineffective in a liability suit. She knows of no abuse of the building in the past by such groups. Mrs. Kludt asked the Board to clarify their criteria of who will and who will not be allowed use of the building.

Supervisor Vick responded that there are advisories from the insurance company, and concerns on the part of the Town Board that Kendall be held harmless. He thanked Mrs. Kludt for her input, and assured her that the Board will take her comments into consideration, and will offer her a more complete answer after their discussion.

Wendy Welling, 1612 Transit Road, Kendall

Mrs. Welling stated that she has been a Girl Scout leader for several years, and has enjoyed the use of the Town Hall in scouting functions. She expressed discouragement that they will no longer be able to use the building. Mrs. Welling assured the Board that her troop has taken care to leave the rooms in an orderly fashion after their lock-ins, and reiterated that is increasingly difficult to find a venue for these types of activities.

Supervisor Vick asked what the relationship with the schools is for these uses. Mrs. Welling said they have been unable to use the schools.

Councilman Scroger mentioned two cases of rough use of tables in the large conference rooms, and mentioned liability uncertainties. He said he personally knows that the schools charge a large fee for use of their facilities.

Mrs. Welling questioned how the determination is made as to which non-profit organizations can use the building.

Attorney Sansone read that the Town Board has the final say in the determination, and at their discretion, according to the policy, on a case by case basis.

Mrs. Kludt expressed that she feels that the Town Hall belongs to the taxpayers of Kendall, and that the community has a right to use it, without discrimination.

Supervisor Vick stated that the Board has taken the advice of the Town’s insurance providers.

Crystal Freitag, 1987 Kendall Road, Kendall

Ms. Freitag stated that she understands the Board’s position with insurance, but said the point is that taxpayers pay the insurance premiums, the light bills, the maintenance costs, and the people on the Board to make decisions, and those taxpayers expect consideration in return.

Tim Christensen, Petersmith Road, Kendall

Mr. Christensen spoke in reference to a letter sent by Supervisor Vick on December 8, 2006, regarding the status of the Water District 6 request for grant funding. While doing so, he made statements regarding bond ratings and funding denials, which Supervisor Vick corrected by having Mr. Christensen read from the letter. Mr. Christensen asked whether the company preparing the grants was also involved in administering the grants, and whether or not the company was aware that the situation with the Marina Project could possibly affect the approval or rating of the Water District 6 grant application. Supervisor Vick indicated that they did administer the Marina Grant, but did not conjecture as to whether the company knew that the status could or would affect other grant applications. Councilmen Pritchard and Scroger commented that at the time the WD 6 grant application was filed, there were no significant issues which had surfaced with the Marina Project, and the issues which were known would not affect another project adversely. Mr. Christensen asked if the Marina Project did affect the rating of future grants, how long the rating would last. Supervisor Vick indicated that, if it in fact does affect the rating, then it would probably remain that way until the Marina Project was completed. Supervisor Vick said that the Board is working diligently on issues surrounding the Marina Project, and asked for the public’s patience.

RESOLUTIONS

Councilman Pritchard moved that the following resolution be adopted:

RESOLUTION 39-107 DP Authorizing Payment to Hungerford Vinton, L.L.C.

Whereas Hungerford Vinton L.L.C. has agreed to accept the Town of Kendall offer of $1200.00
in settlement of invoice TOK-0602 dated 3/31/06, now therefore

Supervisor Vick is authorized to pay the invoice, pending receipt of a release signed by Cheryl V.
Hungerford as President of Hungerford Vinton L.L.C., acceptable to Supervisor Vick.

The motion was seconded by Councilman Scroger. Supervisor Vick requested 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.

RESOLUTION 40— 107 CS Authorizing Payment of Gray CPA.,P.C.

Councilman Scroger moved to have the following resolution adopted:

Supervisor Vick is authorized to pay the invoice for $285.00 for review of communications
and telephone conferences between Supervisor Roach of Hamlin and Supervisor Vick in order to resolve financial considerations surrounding closeout of Joint Hamlin/Kendall Water District #5.
This payment to be made from Bank America Account #0094-8141-6285 Joint Water Project.

The motion was seconded by Councilman Schuth. Supervisor Vick called for a roll call vote, with the following result:

Councilman Gaesser Aye

Councilman Pritchard Aye

Councilman Schuth Aye

Councilman Scroger Aye

Supervisor Vick Aye

Supervisor Vick declared the motion carried.

PAYMENT OF CLAIMS

General Fund Abstract 14 $2883.84 Vouchers 554-563 (2006)
Highway Fund Abstract 14 $21,376.64 Vouchers 211-212
General Fund Abstract 1 $899.37 Vouchers 1-7 (2007)
Highway Fund Abstract 1 $3949.84 Vouchers 9-10
Street Lighting Dist 1 Abstract I $448.74 Voucher 2
Street Lighting Dist 2 Abstract 1 $261.71 Voucher 2
Water Dist 2 Abstract 1 $5,200.00 Voucher 8

Councilman Pritchard moved that the Payment of Claims be approved for payment, with the following changes: an addition of Street Lighting General Abstract 1 $146.64 Voucher 2

Motion was seconded by Councilman Gaesser. Vote was unanimously in favor, and Supervisor Vick declared the motion carried.

UNFINISHED BUSINESS
• Handrails - Rear Entrance – Highway Superintendent Kruger will build.
• Close out - Water District #5

NEW BUSINESS
• Easter Egg Hunt – The Town has been asked to help sponsor the annual event.

EXECUTIVE SESSION

Supervisor Vick announced that there would be a short executive session to discuss the financial history of a particular corporation, and the employment history of a particular person, after which the meeting would be adjourned.

Councilman Pritchard moved that the Board move to an executive session, seconded by Councilman Scroger. All ayes, motion carried.

After recall to order, with there being no further business, Councilman Pritchard moved for adjournment, seconded by Councilman Gaesser. Unanimously in favor of adjournment at 9:55 p.m.

Scheduled Meetings
Town Board Work Session: January 25, 2007 — 7:30 P.M.
Town Board Regular Meeting: February 8, 2007 — 7:30 P.M.

Recording and notes of this meeting were taken by Cynthia Kruger.

Minutes prepared by Amy Richardson, due to Mrs. Kruger’s resignation.

Respectfully Submitted,

Amy Richardson

Town Clerk