KENDALL TOWN BOARD-ORGANIZATIONAL MEETING-JANUARY 4, 2007

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

 

PUBLIC PRESENT:

Joette Knapp, Barb Flow, Bob Nelson, Sr., Chuck Patt, Nadine Hanlon, Julia Kludt, Daniel Gaesser, Al and Bev Lofthouse, Kevin Banker, Vince Flow, Nancy Walker, David Balka, MaryEllen Seaman, Phil D’Agostino. Ken DeRoller, Gertrude Hauck

 

 

CALL TO ORDER

Meeting was called to order by Supervisor Vick at 7:40and the Pledge of Allegiance was led.

 

ROLL CALL

                Councilman Pritchard                        Present

                Councilman Schuth                           Present

                Councilman Scroger                          Present

                Supervisor Vick                                    Present  

 

SUPERVISOR’S REMARKS

Supervisor Vick requested everyone to join him in recognizing the passing of Gerald Ford and his contributions to this Country.

 It has been an interesting and difficult year with many accomplishments.  Two issues are left from 2006.  The first is the closeout of Water District 5. If all goes well, this will be accomplished early in the year.

The marina project is the last big hurdle. Problems surrounding this issue are two-fold. Through no fault of its own making, Kendall is embroiled in a situation over the release of an architect.  Supervisor Vick has been subpoenaed to appear and testify. He believes there is no reason for the residents of Kendall to be concerned. Supervisor Vick’s  foremost mission is to protect the residents of the Town of Kendall. There is an urgency to solve the  financial problems of  the marina. These can only be solved by the operator, the banks, and the state of New York.  Supervisor Vick and the Town Board will expedite things as much as possible. Supervisor Vick encourages anyone with questions or rumors to contact him or the Board to obtain clarifications or explanations.

 

CORRESPONDENCE

Supervisor Vick asked that a letter from the Association of Towns be read, concerning its next meeting.

 

PUBLIC PARTICIPATION

Supervisor Vick reiterated that this is not a problem-solving meeting, but a meeting to put people in place for the upcoming year. Supervisor Vick opened the floor to any public comments. Joette Knapp pointed out that her reappointment was not on the agenda. Supervisor Vick apologized for that oversight, and assured her that such a resolution would be moved. There was no other public participation at that time.

Supervisor Vick suggested that new appointments come first, in order to relieve Judge Lape from having to remain for the entire meeting. Therefore, some resolutions were passed out of numerical order.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTIONS (1-107 through 38-107)

 

RESOLUTION #1-107 APPOINTMENT OF DANIEL GAESSER AS COUNCILMAN

Councilman Scroger moved that the following resolution be adopted:

 

It is hereby resolved that Daniel C. Gaesser of 1766 Kendall Rd. is hereby appointed to fill the vacant position of Councilperson for the unexpired term ending December 31, 2007.

 

Such motion was seconded by Councilman Pritchard. Supervisor Vick called for a roll call vote, with the following results:

                Councilman Pritchard                Aye       

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared that the resolution was duly adopted.

 

 

RESOLUTION #2-107 ACCEPTING THE RESIGNATION OF CHRISTINE CONGDON

Councilman Schuth moved that the following resolution be adopted:

 

WHEREAS, Christine Congdon has resigned has position as a member of the Planning Board, effective December 31, 2006, by letter to Supervisor Vick on December 14, 2006 and…

 

WHEREAS, Christine Congdon, has served faithfully for over 23 years in this capacity as well as providing for the role of Clerk to the Planning Board, now therefore, be it

 

RESOLVED, that the Kendall Town Board does regretfully accept Christine Congdon’s resignation with understanding and recognizes her long-term contribution and efforts to the residents and taxpayers of the Town of Kendall.  This resolution is to be entered into the minutes of the proceedings of the Kendall Town Board.  The Town Clerk shall certify and affix the Town Seal to a copy of this resolution and cause it to be sent to Christine Congdon.

 

Such motion was seconded by Councilman Scroger. Supervisor Vick asked all in favor to signify by saying “aye”. All Councilmen responded, “Aye”, and Supervisor Vick declared the motion carried.

 

 

RESOLUTION #3-107 APPOINTMENT OF FELICE A. D’AGOSTINO, JR. TO PLANNING BOARD

Councilman Schuth moved that the following resolution be adopted:

 

It is hereby resolved that Felice A. D’Agostino, Jr. of 1061 West Kendall Road, is hereby appointed to fill the vacant position of Planning Board Member for the unexpired term ending December 31, 2007.

 

Such motion was seconded by Councilman Scroger. Supervisor Vick called for a roll call vote, with the following results:

                Councilman Pritchard                Aye       

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared that the resolution was duly adopted.

 

 

 

 

 

 

RESOLUTION #19-107 KEVIN BANKER, ZONING BOARD OF APPEALS

 

Councilman Schuth moved that the following resolution be adopted:

 

A resolution appointing Kevin Banker to a 5-year term on the Town Zoning Board of Appeals, with such term ending December 31, 2011.

 

Such motion was seconded by Councilman Pritchard. Supervisor Vick called for a vote, with the following results:

                Councilman Pritchard                Aye       

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared that the resolution was duly adopted.

 

RESOLUTION #20-107 KEVIN BANKER, CHAIRMAN OF THE ZONING BOARD OF APPEALS

 

Councilman Schuth moved that the following resolution be adopted:

 

A Resolution appointing Kevin Banker Chairman of the Zoning Board of Appeals for the year 2007.

 

 Such motion was seconded by Councilman Scroger. Supervisor Vick called for a roll call vote, with the following results:

                Councilman Pritchard                Aye       

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared that the motion is carried.

 

 

OATH OF OFFICE

 

Supervisor Vick asked Daniel Gaesser to come forth for his swearing in and administration of his Oath of Office by the Honorable Judge Craig D. Lape, Kendall Town Justice. Daniel Gaesser did take and sign his Oath, and Councilman Gaesser’s appointment became effective immediately.

 

Kevin Banker went forward and took his Oath of Office as member of the Planning Board, with the Honorable Judge Craig D. Lape, Kendall Town Justice, officiating.

 

Felice D’Agostino went forward and took his Oath of Office as a member of the Planning Board, with the Honorable Judge Craig D. Lape, Kendall Town Justice, officiating.

 

Supervisor Vick then thanked Justice Lape.

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION #4-107 BANK OF DEPOSIT

Councilman Scroger moved that the following resolution be adopted:

 

A resolution designating the H.S.B.C. Bank of Holley, NA as the bank of deposit for the town of Kendall for the year 2007.

 

Such motion was seconded by Councilman Pritchard. Supervisor Vick called for a vote, with the following results:

                Councilman Pritchard                Aye       

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared that the motion was carried.

 

RESOLUTION #5-107 OFFICIAL NEWSPAPER

Councilman Schuth moved that the following  resolution be adopted:

 

A resolution designating the Hamlin-Clarkson Herald as the official newspaper for the town of Kendall for the year 2007.

 

Such motion was seconded by Councilman Scroger. Supervisor Vick called for a vote, with the following results:

                Councilman Pritchard                Aye       

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared that the motion was carried.

 

RESOLUTION #6-107 REGULAR BOARD MEETING SCHEDULE

Councilman Pritchard moved that the following resolution be adopted:

 

A resolution establishing that regular meetings of the Town Board of the town of Kendall be held at the Kendall Town Hall, 1873 Kendall Road, on the second Thursday of each month at 7:30 pm.

 

Such motion was seconded by Councilman Schuth. Supervisor Vick called for a vote, with the following results:

                Councilman Pritchard                Aye       

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared that the motion was carried.

 

RESOLUTION #7-107 REGULARLY SCHEDULED CONFERENCE SESSIONS:

Councilman Scroger moved that the following resolution be adopted:

 

WHEREAS, it is desired to provide opportunity for sufficient board member and public input and debate in order to define and develop the knowledge of, and content for, board resolutions in advance of regular  scheduled Town Board meetings and further to advance strategy and responsibilities for Town Board course of action and…

WHEREAS, it is understood that the public has the right to attend these work sessions, to listen to the proceedings and participate freely, upon the invitation of the board, so long as participation is orderly and constructive and does not interfere with the business and purpose of the meeting…

Now be it hereby RESOLVED that the Town Board of the Town of Kendall establishes and provides for regularly scheduled work sessions to occur on the 4th Thursday of the month at 7:30PM.

 

Such motion was seconded by Councilman Pritchard. Supervisor Vick called for a vote, with the following results:

                Councilman Pritchard                Aye       

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared that the motion was carried.

 

 

RESOLUTION #8-107 DEPOSIT OF SURPLUS MONEY

 

Councilman Pritchard moved that the following resolution be adopted:

 

A resolution authorizing the Supervisor to deposit surplus monies in a time deposit account where the greatest amount of interest can be secured with preference shown to the H.S.B.C. Bank of Holley.

 

Councilman Schuth seconded. 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 that the motion was carried.

 

 

RESOLUTION #9-107  INVESTMENT POLICY

 

Councilman Scroger moved that the following policy be adopted:

 

A Resolution adopting the Investment Policy of the town of Kendall as presented:

 

 

INVESTMENT POLICY

I.              SCOPE

 

This investment policy applies to all moneys and other financial resources available for investment on its own behalf and on behalf of any other entity or individual.

 

II.                OBJECTIVES

 

The primary objectives of the Town of Kendall's investment activities are, in priority order,

·                       to conform with all applicable Federal, State and other legal requirements (legal);

·                       to adequately safeguard principal (safety);

·                       to provide sufficient liquidity to meet all operating requirements (liquidity);

·                       to obtain a reasonable rate of return (yield)

 

III.                 DELEGATION OF AUTHORITY

 

The Town Board's responsibility for administration of the Investment Program is delegated to the Town Supervisor who shall establish written procedures for the operation of the Investment Program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a data base or records incorporating description and amounts of investments, transaction dates and other relevant information and regulate the activities of subordinate employees.

 

IV                 PRUDENCE

 

All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the Town of Kendall.

 

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived.

 

All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

 

V.                 DIVERSIFICATION

 

It is the policy of the Town of Kendall to diversity its deposits and investments by financial institution, by investment instrument and by maturity scheduling.

 

VI.                 INTERNAL CONTROLS

 

It is the policy of the Town of Kendall for all moneys collected by any officer or employee of the Town to transfer those funds to the Town Supervisor within 30 days of deposit or within the time period specified in law, whichever is shorter.

 

The Town Supervisor is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorization and recorded properly, and are managed in compliance with applicable laws and regulations

 

VII.                 DESIGNATION OF DEPOSITORIES

 

The banks and trust companies authorized for the deposit of moneys up to the maximum amount shall be named by the Town Board at the Organizational Meeting held in January of each year or at other times as the case maybe.

 

VIII.                 COLLATERALIZING OF DEPOSITS

 

In accordance with the provisions of General Municipal Law, Section 10, all deposits of the Town of Kendall including Certificates of Deposit and Special Time Deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured:

 

1.              By a pledge of "eligible securities" with an aggregate market value as provided by GML sec l 0, equal to the aggregate amount of deposits from the categories designated in Appendix A to the Investment Policy.

 

2.              By an "irrevocable letter of credit" issued by a qualified bank other than the bank with which the deposits in favor of the Town of Kendall for a term not to exceed ninety (90) days with an aggregate value equal to 140 % of the aggregate amount of deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three (3) highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable Federal minimum risk-based capital requirements.

 

 

3.              By an eligible surety bond payable to the Town of Kendall for an amount equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York State, whose claims-paying ability is rated in the highest rating category by at least two (2) nationally recognized statistical rating organizations.

IX                 SAFEKEEPING AND COLLATERALIZATION

 

Eligible securities used for the collateralizing deposits shall be held by the Authorized Depository and/or an Authorized third party bank or trust company subject to security and custodial agreements.

 

The security agreement shall provide that eligible securities are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising Out of the collection of such deposits upon default It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events which will enable the local government to exercise its rights against the pledged securities. In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Town of Kendall or its custodial bank.

 

The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities. The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities.

 

X                PERMANENT INVESTMENTS

 

As authorized by the General Municipal Law, section 11, the Town of Kendall authorizes the Town Supervisor to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following type of investments:

 

·                       Special Time Deposit accounts;

·                       Certificates of Deposit;

·                     Obligations of the United States of America;

·                     Obligations guaranteed by agencies of the United States of America where the payment of

·                               principal and interest are guaranteed by the United States of America;

·                       Obligations of the State of New York;

·                       Obligations of this local government, but only with any moneys in a reserve fund established

·                                     pursuant to GML, sections  6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-l, 6-m or 6-n.

 

All investment obligations shall be payable or redeemable at the option of the Town of Kendall within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Town of Kendall within two (2) years of the date of purchase.

 

XI                 AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS

 

The Town of Kendall shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments that can be made with each financial institution or dealer. All financial institutions with which the local government conducts business must be credit worthy.  Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Town of Kendall. Security Dealers not affiliated with a bank shall be required to be classified

 

as reporting dealers affiliated with the New York Federal Reserve Bank as primary dealers. The Town Supervisor is responsible for evaluating the financial position and maintaining a listing of proposed depositories, trading partners and custodians. Such listing shall be evaluated at least annually.

 

XII.                 PURCHASE OF INVESTMENTS

 

The Town Supervisor is authorized to contract for the purchase of investments:

 

1.  Directly, including a repurchase agreement, from an authorized trading partner.

2.  By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No.88-46, and the specific program has been authorized by the Kendall Town Board.

3.  By utilizing an ongoing investment program with an authorized trading partner pursuant to a contract authorized by the Kendall Town Board.

 

All purchased obligations, unless registered or inscribed in the name of the local government, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption by such bank or trust company only in accordance with prior written authorization from the Town Supervisor. All such transactions shall be confirmed in writing to the Town of Kendall by the bank or trust company. Any obligations held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law, section 10.

 

The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for the Town of Kendall, will be kept separate and apart from the general assets of the custodial bank or trust company and will not in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities.

 

XIII.                 REPURCHASE AGREEMENTS

 

Repurchase agreements are authorized subject to the following restrictions:

 

·                       All repurchase agreements must be entered into subject to a Master Repurchase Agreement.

·                       Trading partners are limited to banks or trust companies authorized to do business in New York

·                                     State and primary reporting dealers.

·                       Obligations shall be limited to obligations of the United States of America and obligations

·                                      guaranteed by agencies of the United States of America.

·                       No substitution of securities will be allowed.

·                       The custodian shall be a party other than the trading partner.

 

Such motion was seconded by Councilman Schuth. Supervisor Vick called for a vote, with the following results:

Councilman Gaesser                          Abstain                 

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye        

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

 

 

 

 

 

 

 

RESOLUTION #10-107 CONTRACTUAL BILLS AND INVOICES WITH DISCOUNT

Councilman Scroger moved that the following resolution be adopted:

 

A Resolution authorizing the Supervisor to pay all contractual bills and all invoices offering a discount, upon approval of the Department Head.

 

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 that the foregoing resolution was duly adopted.

 

RESOLUTION #11-107 DELEGATION OF AUTHORITY TO SUPERVISOR

Councilman Schuth moved that the following resolution be adopted:

 

 A Resolution delegating authority to the Supervisor as follows: 

 

WHEREAS, the Town of Kendall must function between regular town board meetings and…

 

WHEREAS, Town Law, Section 29(16) specifically provides for the delegation of the power and duties of administration and supervision to the Supervisor and…

 

WHEREAS, it is understood that by such delegation the Town Board may not abdicate to the Supervisor or surrender to him or her the Board’s basic statutory responsibilities…

 

Now, be it hereby RESOLVED, that the Town Board of the Town of Kendall hereby authorizes and delegates to the Town Supervisor powers and duties of day to day administration and supervision of all town and special district facilities and employees, consistent with and in furtherance of any and all State and Federal laws applicable thereto, and with any and all local laws, resolutions, or policies heretofore or hereafter adopted by this Town Board.

 

Such motion was seconded by Councilman Scroger. Supervisor Vick called for a roll call vote, with the following results:

                Councilman Gaesser                Abstain

                Councilman Pritchard                Aye

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared the motion carried.

 

 

 

 

 

 

 

 

RESOLUTON #12-107 – MILEAGE REIMBURSEMENT

Councilman Schuth moved that the following resolution be adopted:

 

A Resolution authorizing compensation of Town Officials of the Town of Kendall for mileage

 

WHEREAS, the Internal Revenue Service has set mileage reimbursement for the year 2007 at the rate of $.485, therefore be it now hereby…

 

RESOLVED, that the rate of $.485 be per mile to reimburse Town of Kendall Officials for mileage expenses while on Town Business be adopted.

 

The motion was seconded by Councilman Pritchard.  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.

 

RESOLUTION #13-107 – PER DIEM RATE FOR TOWN BUSINESS EXPENSES

Councilman Pritchard moved that the following resolution be adopted:

 

A Resolution establishing a per diem rate for meals and incidental expenses based on guidelines published by the United States Internal Revenue Service   for those town officials authorized to attend functions on Town business

 

Officials and employees are authorized for reimbursement of actual expenses up to the established per diem rate.  Reimbursement requests must be made by voucher, with receipts and a detail of expenses.  Expense reimbursement forms should be attached to vouchers for multiple entries.

 

Councilman Scroger seconded the amended motion.  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 suggested to Councilman Pritchard that this resolution be made part of the Town’s Policy Manual and distributed to those to whom it applies, along with an updated expense reimbursement form.

Supervisor Vick declared the resolution duly adopted.

 

RESOLUTION # 14-107 – DONALD PRITCHARD, DEPUTY SUPERVISOR

Councilman Schuth moved that the following resolution be adopted:

 

A resolution appointing Donald Pritchard as Deputy Supervisor for the Town of Kendall for the Year 2007.

Such motion was seconded by Councilman Scroger. Supervisor Vick took this opportunity to recognize and thank Councilman Scroger for his fine work in this capacity in 2006. Supervisor Vick then called a roll call vote, with the following results:

                Councilman Gaesser                Aye

                Councilman Pritchard                Abstain

                Councilman Schuth                Aye

                Councilman Scroger                Aye

                Supervisor Vick                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

RESOLUTION #15-107 JOHN SANSONE, ATTORNEY FOR THE TOWN

 

Councilman Schuth moved that the following resolution be adopted:

 

 A RESOLUTION CONFIRMING THE APPOINTMENT OF JOHN SANSONE 0F OTTAVINO AND SANSONE, LLP., 172 EAST AVENUE, LOCKPORT, NEW YORK  14095 AS THE ATTORNEY FOR THE TOWN FOR THE YEAR 2007.

Such motion was seconded by Councilman Scroger. Supervisor Vick declared the appointment confirmed, and 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 that the foregoing resolution was duly adopted.

 

RESOLUTION #16-107 CYNTHIA KRUGER, REGISTRAR AND RECORDS MANAGER

Councilman Pritchard moved that the following resolution be adopted:

 

 A Resolution appointing Cynthia Kruger as Registrar of Vital Statistics and Records Management Officer for the town of Kendall for the year 2007.

 

Such motion was seconded by Councilman Schuth. Supervisor requested a vote, with the following results:

                Councilman Gaesser                Aye

                Councilman Pritchard                Aye

Councilman Schuth                Aye

Councilman Scroger                Aye

Supervisor Vick                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

RESOLUTION #17-107 – SCOTT HARDENBROOK, CODE ENFORCEMENT OFFICER

Councilman Scroger moved that the following resolution be adopted:

 

A Resolution appointing Scott Hardenbrook as Code Enforcement Officer for the Town of Kendall for the year 2007.

 

Such motion was seconded by Councilman Pritchard. Supervisor Vick called for a vote, which was done with the following results:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

RESOLUTION # 18-107– ROBERT NELSON, PLANNING BOARD CHAIRMAN

Councilman Schuth moved that the following resolution be adopted:

A Resolution appointing Robert Nelson, Chairman of the Planning Board for the year 2007.

Such motion was seconded by Councilman Scroger, and the vote resulted as follows:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

Supervisor remarked that Tom Cole has asked to remain a member of Planning Board, but can no longer devote the time necessary as Chairman. Supervisor Vick thanked him for his time and service. Supervisor Vick also recognized Chuck Patt’s service as Zoning Board Chairman. Mr.Patt has requested that he be removed from Chairmanship, but will remain as a member of the Zoning Board. Supervisor Vick thanked him for his many years of service.

 

 

RESOLUTION #21-107 –DAVE SCHUTH, PAUL GRAY, KYC BOARD ALTERNATES

 

Councilman Scroger moved that the following resolution be adopted:

 

A RESOLUTION APPOINTING COUNCILPERSON DAVE SCHUTH AND PLANNING BOARD MEMBER PAUL GRAY AS ALTERNATES AS TOWN OF KENDALL REPRESENTATIVES TO THE KENDALL-YATES- CARLTON WATERFRONT REVITALIZATION BOARD FOR THE YEAR 2007.

 

Supervisor Vick reported that he has attempted to contact Paul Gray without success, but felt there was no reason he could not serve. 

 

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 that the foregoing resolution was duly adopted.

 

 

RESOLUTION #22-107 CHERYL COLE, COURT CLERK

 

Councilman Pritchard moved that the following resolution be adopted:

 

 

 A RESOLUTION APPOINTING CHERYL COLE AS COURT CLERK FOR THE YEAR 2007.

 

Such motion was seconded by Councilman Scroger, and the vote resulted as follows:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION #23-107 BARB FLOW,  YOUTH AND ADULT RECREATION DIRECTOR

 

Councilman Pritchard moved that the following resolution be adopted:

 

A RESOLUTION APPOINTING BARBARA FLOW AS DIRECTOR OF YOUTH AND ADULT RECREATION FOR 2007.

 

Such motion was seconded by Councilman Schuth, and the vote resulted as follows:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

RESOLUTION #24-107 ANDREA SZOZDA, YOUTH RECREATION COMMISSION

 

Councilman Schuth moved that the following resolution be adopted: 

 

A RESOLUTION APPOINTING ANDREA SZOZODA TO A 3-YEAR TERM ON THE YOUTH RECREATION COMMISSION WITH SUCH TERM EXPIRING ON DECEMBER 31, 2009.

 

Supervisor advised the Board that Barb Flow has made Ms. Szozda’s recommendation for appointment.

 

Such motion was seconded by Councilman Scroger, and the vote resulted as follows:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

RESOLUTION #25-106 – HELEN MAYES – ADULT RECREATION REPRESENTATIVE

 

Councilman Schuth moved that the following resolution be adopted:

 

A Resolution appointing Helen Mayes as the Adult Recreation Representative for the year 2007.

 

Such motion was seconded by Councilman Scroger, and the vote resulted as follows:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION #26-107 – ROGER HERMAN – BEECHWOOD CEMETERY CUSTODIAN

Councilman Schuth moved that the following resolution be adopted:

 

A Resolution appointing Roger Herman as Beechwood Cemetery Custodian at an annual salary of $500.00 for the year 2007.

 

Such motion was seconded by Councilman Pritchard, and the vote resulted as follows:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

RESOLUTION #27-106 – WALTER STEFFEN JR, GREENWOOD CEMETERY CUSTODIAN

Councilman Pritchard moved that the following resolution be adopted:

 

A Resolution appointing Walter Steffen Jr. as Greenwood Cemetery Custodian at an annual salary of $ 500.00 for the year 2007.

 

Such motion was seconded by Councilman Scroger, and the vote resulted as follows:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

RESOLUTION #28-107 – MASON AND RYAN – MEDICAL OFFICE OVERSIGHT BOARD

 

Councilman Schuth moved that the following resolution be adopted:

 

A Resolution appointing Robert Ryan to a 3-year term on the Kendall Medical Office Oversight Board, with such term expiring December 31, 2009.

 

Such motion was seconded by Councilman Scroger, and the vote resulted as follows:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION #29-107 – RECORDS MANAGEMENT ADVISORY BOARD

 

Councilman Scroger moved that the following resolution be adopted:

 

A Resolution appointing Cynthia Kruger, William Vick, Joette Knapp and Donald Pritchard to the Records Management Advisory Committee for the year 2007.

 

Such motion was seconded by Councilman Pritchard, and the vote resulted as follows:

 

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

 

RESOLUTION #30-107 2007 SALARY SCHEDULE

 

Councilman Scroger moved that the following resolution be adopted:

 

 

A RESOLUTION ADOPTING THE SALARY SCHEDULE FOR 2007, AS PRESENTED:

 

                                                                            TOWN OF KENDALL

     

                                                               2007 SALARY SCHEDULE

 

                         Supervisor                                                                                                           $11,000.00

 

                         Deputy Supervisor                                                                                                $500.00

 

                         Councilperson                                                                                         $3120.00

 

                         Justice Lape                                                                                             $7,700.00

 

                         Justice Ernrnwein                                                                                    $7,850.00

 

                         Court Clerk                                                                                             $5,200.00

 

                         Budget Officer                                                                                         $2,500.00

 

                         Bookkeeper                                                                                          $15,000.00

 

                         Assessor                                                                                                              $23,650.00

 

                        Board of Assessment Review                                                                        $125.00 each

 

                        Town Clerk                                                                                              $23,800.00

 

                        Dog Control Officer                                                                                            $600.00

 

                        Code Enforcement Officer                                                                       $12,250.00

 

                         Deputy Code Enforcement Officer                                 $1000.00 + $15.00 per action  

                         Registrar of Vital Statistics                                                                                        $375.00

 

                         Superintendent of Highways                                                                                $46,300.00

 

                         Historian                                                                                                                         $750.00

 

                         Youth Recreation Director                                                                        $12,000.00

 

                         Adult Recreation Director                                                                              $850.00

 

                        Zoning Board of Appeals

                             Chairman                                                                                                       $1,010.00

                             Members (4)                                                                                                     $810.00

 

                        Planning Board

                              Chairman                                                                                              $1,400.00

                              Member/County Board                                                                            $965.00

                              Member (3)                                                                                              $850.00

 

                       Election Inspectors                                                                                                        $8.25 per hour

                              Training Class                                                                                         $20.00 per session

 

                         REV:  1/3/2007

 

 

Such motion was seconded by Councilman Pritchard. Supervisor Vick commented that this schedule is within the confines of the budget, and asked for any discussion. Councilman Scroger asked for the total Supervisor Compensation for the years 2005 and 2007. Supervisor Vick responded $10,700 for 2005, and $13,500 for 2007.

 

 Supervisor Vick called for a roll call vote, with the following results:

Councilman Gaesser                          Abstain                 

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

 

 

 

 

 

RESOLUTION #31-107 HIGHWAY WAGE SCHEDULE AND WORK AGREEMENT

 

Councilman Scroger moved that the following resolution be adopted:

 

A Resolution adopting the Highway Department Salary and Wage  Schedule and Work Agreement for 2007 as revised January 3rd 2007, as presented:   

                                                

                                                  TOWN OF KENDALL

                                                   HIGHWAY DEPARTMENT

                  SALARY SCHEDULE AND WORK AGREEMENT

                                                                               2007

 

The Town of Kendall Highway Department Employees will be paid on the following schedule for 2007;

 

                Full Time Motor Equipment -                           from Federal minimum wage

                Operators (MEO)                                                 up to $18.58 per hour

 

Part Time motor equipment -                                          from Federal minimum wage

Operators (MEO-PT)                                                       up to $12.02 per hour

 

Full & Part Time Laborer                                              from Federal minimum wage

                                                                                            up to $9.84 per hour

 

Employees are to be paid biweekly for an 80 hour pay period. Time and one half (11/2) wages will be paid for overtime beyond forty (40) hours worked in each week.  End of the bi-weekly pay period is Saturday @ 12 midnight.  Paychecks are to be made available before the end of the workday on the following Thursday. Employees will be provided work clothes up to $300.00 per year through a uniform service or reimbursement for employee purchase.

 

Following completion of a two (2) month probation period, sick time benefits will be paid to full time employees as follows:

                1st year of employment……..                up to five (5) days paid

                2nd year of employment…….                up to ten (10) days paid

                3rd year of employment…….                up to fifteen (15) days paid

                4th year of employment…….                up to twenty (20) days paid

                5th year of employment…….                up to twenty-five (25) days paid

Beyond five(5) years… may accumulate 1 additional day per month worked up to               a maximum of one hundred eighty (180)days paid.

 

A certificate from the employee’s Physician will be required after being sick for five (5) consecutive days for benefits to be paid.

 

Unused sick pay will NOT be paid out at retirement or termination.

 

Vacation Time benefits will be paid to Full Time Employees as follows and may NOT be carried over or accumulated in subsequent years.  The highway superintendent may deny specific dates for vacation because of workload requirements;

 

1st year of employment…….                May accumulate one(1) paid day of vacation for                 each month worked after completing a two (2) month probation period, (maximum 10 days)

                2nd through 10th year…….                               ten (10) days paid vacation

                After 10 years……………                  fifteen (15) days paid vacation

 

Holidays will be paid for Full Time employees as follows:

 

New Year’s Day, Martin Luther King’s Birthday, Good Friday, Memorial Day,  Fourth of July, Labor Day, Election Day, Veteran’s Day, Thanksgiving Day and Christmas Day.  Saturday holidays will be observed on the Friday preceding the holiday, and Sunday holidays will be observed on the Monday following the holiday.

 

Such motion was seconded by Councilman Pritchard.  Supervisor Vick commented that the Highway Superintendent will have the authority to compensate work staff and merit raises as he sees fit.  Supervisor Vick called for a roll call vote, with the following results:

                Councilman Gaesser                          Abstained

                Councilman Pritchard                        Aye

                Councilman Schuth                           Aye

                Councilman Scroger                          Aye

                Supervisor Vick                                    Aye

Supervisor Vick declared the motion carried.

 

RESOLUTION #32-107 – CEMETERY PRICE SCHEDULE FOR 2007

 

Councilman Schuth moved that the following resolution be adopted:

 

A Resolution adopting the Town of Kendall Cemetery Price Schedule for 2007 as follows:

 

                        BEECHWOOD AND GREENWOOD CEMETERIES

                                                                  2007 PRICE LIST

 

                              Cost for a single plot:                                                     $350.00

 

                             Cost for interment:

                                                Casket                                                                 $350.00

 

                                    Cremation (2 allowed per plot)                                  $150.00

 

                No interment December 1st through April 1st, depending on weather conditions.

 

Such motion was seconded by Councilman Scroger.

 

Supervisor Vick commented that there is a need to increase these rates once again. The average cost in Orleans County is $400-450, with cremation $200.00, somewhat higher than our charge. The burial law has changed, and we cannot indicate no burial; it is not appropriate to delay burial. The responsible person for the deceased would have to bear the additional burden of additional costs of snow removal, for example. Supervisor Vick stated that that he recommended that the resolution be adopted as an on-going policy, while further research is conducted. The cost of operating these cemeteries increases each year. Our weather causes many issues, also.

 

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 that the foregoing resolution was duly adopted.

 

 

 

RESOLUTION # 33-107 – PURCHASING AND PROCUREMENT POLICY

 

Councilman Pritchard moved that the following resolution be adopted:

A resolution adopting the Purchasing and Procurement Policy of the Town of Kendall as presented:

 

PURCHASING AND PROCUREMENT POLICY

 

This Policy of the Town of Kendall, Orleans County, New York applies to all purchases and procurements made by and for the Town of Kendall through its Elected and Appointed Officials, Department Heads, Board Chairpersons and others authorized by the Town Board to make such purchases and/or procurements, and sets forth the policy details and procedures to meet the requirements of New York State General Municipal Law, Section 104-b.

 

1.  PURPOSE

 

Goods and Services which are not required by law to be procured pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of public moneys, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism improvidence, extravagance, fraud and corruption. To further these objectives, the Town Board is adopting internal policies and procedures governing all procurements of goods and services which are not required to be made pursuant to the competitive bidding requirements of General Municipal Law, Section 103 or of any other general, special or local law.

 

2.   PROCEDURES FOR DETERMINING WHETHER PROCUREMENTS ARE SUBJECT TO BIDDING

 

a. The procedures for determining whether a procurement of goods and services is subject to competitive bidding and documenting the basis for any determination that competitive bidding is not required by law is as follows;

 

Any purchase or purchase contract below $ 10,000.00 will not require competitive bidding as described by the General Municipal Law.

 

Any Public Works Contract below $ 20,000.00 will not require competitive bidding as described by the General Municipal Law.

 

Any purchase or public works contract that is not clearly free of the General Municipal Law requirements for competitive bidding must have an opinion from the Attorney for the Town setting forth the requirements as required by law for the continuance of the purchase or letting of the contract.

 

b. The Documentation required to demonstrate the exemption from the competitive requirements is described as follows;

 

Written documentation will be attached to the claim for payment (voucher) upon approval from the responsible Department Head or Town Official, including the opinion of the Attorney for the Town, whenever the expenditure is not clearly exempt from the competitive bidding requirements.

 

3.  STATUTORY EXCEPTIONS FROM THE POLICIES AND PROCEDURES

 

Except for procurements made pursuant to General Municipal Law, Section 103(3) (through County contracts) or Section 104 (through State contracts), Correction Law, Section 186 (articles manufactured in correctional institutions), State Finance Law, Section 175-b (from agencies for the blind or severely handicapped), or the items excepted herein (see below), alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law, Section 104-b as described in this policy.

 

4.   METHODS OF COMPETITION TO BE USED FOR NON-BID PROCUREMENTS

 

The methods of competition to be used are determined by the Cost Range of the procurement and are described as follows;;

 

                COST RANGE                                                                  TYPE OF COMPETITION

                $0 - $500                                                                                 none (discretionary purchase)

                $501 - $1,000                                                                     two (2) verbal quotations

                $1,001 - bid limits                                                                two (2) written quotations

 

Purchases over $5,000.00 require specific Town Board authorization prior to placement of orders except as described under Emergencies below.

 

5.  ADEQUATE DOCUMENTATION

 

Documentation to show proof of competitive pricing for the various cost ranges described in paragraph 4 will be as follows;

              

COST RANGE                                DOCUMENTATION REQUIRED

$0 - $500 none required

$501 - $1,000                                 notation of date, time, vendors contacted and price quoted attached to voucher submitted
                                for payment

$1,001 - bid limits                                copies of vendors written quotes attached to voucher submitted for payment

 

6.  AWARDS TO OTHER THAN LOWEST RESPONSIBLE DOLLAR OFFERER

 

Whenever any contract is awarded to other than the lowest responsible dollar offered, the reasons such an award furthers the purpose of General Municipal Law, Section 104-b as set forth herein above shall be documented as follows;

 

1.                          When overall project cost will result in a lower total cost to the Town (i.e. transportation

                  costs, time frame of overall project will be adversely affected, history of poor

                    service,quality or delivery, etc.)

       2.                              Emergencies

 

A written justification from the purchasing official must be attached to the voucher submitted for payment.

 

7.  ITEMS EXCEPTED FROM POLICIES AND PROCEDURES BY TOWN BOARD

 

The Town Board sets forth the following circumstances when, or types of procurements for which, in the sole discretion of the Town Board, the solicitation of alternative proposals or quotations will not be in the best interest of the Town of Kendall.

 

1.      Bona-Fide Emergencies where timely action is urgent to prevent or minimize risk to public    health, safety, property, life or the environment *

2.                           Sole Source or single supplier with no reasonable chance for competition *

3.                           Professional services

4.                           Purchases or procurements below $ 500.00

5.                           State and/or County bid packages *

6.                           Second Hand equipment from other Governments or Municipal Auctions *

7.                           Insurance

8.                           Purchases subject to the conditions of a Resolution of Standardization for equipment *

*                           written justification must be attached to the voucher presented for payment

 

 

8.  INPUT FROM OFFICERS

 

Comments concerning the policies and procedures shall be solicited from officers and officials of the Town of Kendall involved in the procurement process prior to the enactment of these policies and procedures, and will be solicited from time to time hereafter.

 

 

 

 

9.  ANNUAL REVIEW

 

The Town Board shall periodically review these policies and procedures. The Supervisor shall be responsible for conducting an annual review of the procurement policy and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.

 

10.  UNINTENTIONAL FAILURE TO COMPLY

 

The unintentional failure to fully comply with the provisions of this General Municipal Law, Section 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Kendall or any officer or employee thereof.

 

Such motion was seconded by Councilman Schuth.  Councilman Pritchard commented that it is unclear as to who has authority to purchase.  Councilman Pritchard would like to adopt this policy but some items should be addressed and policy amended. Supervisor Vick called for a vote, with the following results:

Councilman Gaesser                          Abstain                 

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

Supervisor Vick                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

RESOLUTION #34-107 – OCCU-MED OF WESTERN NEW YORK

 

Councilman Scroger moved that the following resolution be adopted:

 

A resolution authorizing the Supervisor to sign an agreement with Occu-Med of Western New York for the Town of Kendall’s CDL Drug and Alcohol testing.

Such motion was seconded by Councilman Schuth, and the vote resulted as follows:

Councilman Gaesser                          Aye                        

Councilman Pritchard                                Aye

Councilman Schuth                           Aye

Councilman Scroger                          Aye

 Supervisor Vick                                    Aye

Supervisor Vick declared that the foregoing resolution was duly adopted.

 

 

RESOLUTION #35-107 – DISPOSITION OF PROPERTY

 

Councilman Pritchard moved that the following resolution be adopted:

 

A RESOLUTION ADOPTING THE POLICY FOR THE DISPOSITION OF PROPERTY FOR THE YEAR 2007, AS REVISED 1/3/2007, AS PRESENTED:

 

TOWN OF KENDALL

 

POLICY FOR THE DISPOSITION OF PROPERTY

 

Purpose:                The Town Board of the Town of Kendall recognizes that goods and materials may, over time, become obsolete or out-dated. The goal of this policy is to provide for the efficient disposal of Town property that has been deemed surplus, obsolete, or of no further significance to the Town. This should apply to assets in excess of $100.00 value. The assets to be disposed of must be brought to the attention of the Town Board and its value determined at that time. See Procedures for Disposal. This policy does not apply to Real Property.

 

Definitions:         

 

Disposition.                          The sale, trade, scrapping, or other disposal of any item that is deemed to no longer have a significant use to the Town.

 

Economic Repair.        Condition in which the scrap value of an item exceeds the cost of repair.

 

Public Sale.                            The sale of Town property by sealed bid, fixed price, auction, or other generally accepted process

 

Real Property.        Real estate, buildings, or other ‘real’ property.

 

Fixed Assets.        A financial resource that:

 

1.        Is a computer; or

2.        Meets all of the following criteria

a.        is tangible in nature.

b.       has an extended useful life, at least one year.

c.        Is not a repair part or supply item.

d.       Has a value of $100.00 or more.

 

Salvage.                                 Retention of some component(s) of one item for use in the repair of another like item.

 

Scrap.                                     Sale of an item that is no longer useable, or its remnants.

 

Trade-in.                                A credit or deduction received for property that is being replaced.

 

 

Regulations:

 

Property of the Town of Kendall deemed surplus must meet at least one of the following criteria:

 

  1. It has been condemned for use by the health department or for other safety reasons or by our Safety and Environment office.
  2. It is damaged or worn beyond economic repair.
  3. It will be or has been replaced.
  4. It is considered outdated or obsolete.
  5. It cannot be repaired in a cost-effective manner for additional use.
  6. It is excess and will not be used.

 

 

Procedures for Disposal:

 

  1. Prior to sale, always determine the fair market value of the item to be sold. If it is sold for less, you may be violating Article VII,7, of the state constitution, the ‘gift clause.’

 

  1. Pass a resolution declaring the property to be surplus, and specify how the property is to be sold, or delegating that task to a specific official.

 

 

 

 

 

  1. Proceed with the sale as required by the town council, or in any commercially reasonable way. Sale can be by auction, private sale, sealed bid, through a broker, etc., depending on the value of the item:

 

$0.00 to $250.00        Private sale at the value set by the Town Board, sale by appointed member of the Board- by check or money order.

 

$250.00 to $1,500.00        Advertise, or private sale at value set by Town Board, sale by Supervisor or other appointed member of the Board- by check or money order.

 

$1,500.00 and up        Board Resolution to dispose of the item. Advertise for sealed bids, acceptance by Supervisor and two other Board members- by check or money order.

 

Town officials are restricted from purchasing surplus property due to conflict of interest concerns. The general rule is that those who are involved in the decision to surplus property (the council) and those in charge of administering the sale should not purchase the property.

 

The official in charge of disposal must request authorization to donate a surplus item to a charitable or nonprofit organization that has tax-exempt status.

 

Donations will be handled on a case-by-case basis and approved by the Town Board.

 

An annual report must be submitted regarding the disposal of assets for the year.

 

The Highway Law gives the Highway Superintendent, with the approval of the Town Board, the authority to sell “machinery, tool, implements, and equipment, which are no longer needed by the Town, or which are worn out or obsolete.” In addition, such tools, implements, equipment, and machinery may be considered in trade for new tools, implements, equipment, and machinery. When sold, the proceeds must be made applicable to the purchase of new tools, implements, equipment, or machinery. Thus, when disposing of unneeded highway equipment, the Town Board and Highway Superintendent must be in agreement that the property should be sold, and the proceeds of such sale must be applied as directed by Highway Law.        

 

Such motion was seconded by Councilman Scroger. Supervisor Vick mentioned that this policy was newly developed last year. Policies will now contain a review/revision date so that there will be no confusion as to the most up-to-date version. 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 that the foregoing resolution was duly adopted.

 

 

RESOLUTION #36-107 MEDICAL BENEFITS POLICY FOR 2007

 

Councilman Pritchard moved that the following resolution be adopted:

 

A resolution adopting the medical benefits policy for the year 2007, as revised 1/2/2007, as presented:

 

 

 

TOWN OF KENDALL

 

MEDICAL BENEFITS POLICY

2007

 

 

All Elected Officials and Full Time Town Employees are eligible for paid Medical Benefits through the Town if they so desire, according to the schedule set forth below. (Full Time employment is defined as working at least thirty (30) hours per week on average.) The amount paid for the Medical Benefits Policy by the Town will NOT exceed the CAP AMOUNT established by the Town Board, with the Town Official, Employee or Retiree paying any amount above the CAP AMOUNT.

 

Medical Benefits are available through the Town Plan or an Equivalent Plan of equal or lesser cost. Payment of premiums to the Equivalent Plan must be made to the designated agent of the plan and not directly to the Town Employee.

 

Dental coverage is not provided.

 

Part Time Employees and their Widow/Widower may join or continue their participation in the Town Plan (or equivalent plan as described above). The cost of their participation must be paid in full by the plan member except Retired Full Time Employees (their widow/widower) and Retired Elected Officials (their widow/widower) as provided below:

 

Between 15 and 20 years of service                Town will pay 50% of the Cap Amount

After 20 years of service                Town will pay 50% of the Cap Amount PLUS an additional 10% of the Cap Amount for every two (2) years of additional service

After 30 years of service                Town will pay 100% of the Cap Amount

 

MEDICAL BENEFITS SCHEDULE

 

 

FULL TIME EMPLOYEES & ELECTED OFFICLAS

 

PLAN TYPE                CAP AMOUNT

Family Plan                $7,116.33

2-Person Plan                $5,166.32

Single Person Plan                $2,531.51

 

 

PART TIME ELECTED OFFICIALS

 

PLAN TYPE                CAP AMOUNT

Family Plan                $6,563.60

2-Person Plan                $4,773.33

Single Person Plan                $2,253.54

                              

 

Councilman Pritchard explained that, as expected, there have been increases in the cost of premiums for medical insurance, in the amounts of 11% to 13 %. This policy change helps to share the cost of the increases in cap amounts of these policies between the Town and the employees.

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 that the foregoing resolution was duly adopted.

 

Supervisor Vick stated that it is imperative that affected employees receive notification as soon as possible, and he suggests each signs an acknowledgement of having received such notification. Councilman Pritchard noted that the Town paid the full increases for the month of January, because the information could not be gathered in time for the end-of-the-year meeting.

 

RESOLUTION #37-107 PATRICK SEAMAN, DEPUTY CODE ENFORCEMNET OFFICER

 

Councilman Scroger moved that the following resolution be adopted:

 

A resolution appointing Patrick Seaman, 1140 Countyline Road as Deputy Code Enforcement Officer for the year 2007

 

Such motion was seconded by Councilman Schuth. Supervisor Vick reminded everyone that Mr. Seaman has attended schooling and training as previously agreed upon by the Board. Mr Seaman will complete this soon, and can currently operate in this capacity. Mr. Seaman is stepping down from a 3-year service as the Kendall Fire Department Chief, being replaced by Mike Kludt. Supervisor Vick stated that that service brings a great deal to the Code Enforcement job as a decision maker. 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 that the foregoing resolution was duly adopted.

 

RESOLUTION # 38-107 JOETTE KNAPP, TOWN HISTORIAN

 

Councilman Schuth moved that the following resolution be adopted:

 

A resolution appointing Joette Knapp as Kendall Town Historian for the year 2007.

Such motion was seconded by Councilman Schuth. 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 that the foregoing resolution was duly adopted.

 

 

RESOLUTION #39-107 - PAUL GRAY, PLANNING BOARD

 

 Councilman Scuth moved that the following resolution be adopted:

 

A Resolution reappointing Paul Gray to a 5-year term on the Kendall Planning Board, with his term expiring on December 31, 2011.

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 that the foregoing resolution was duly adopted.

 

Supervisor Vick called for any other resolutions properly coming before the Board.

Councilman Schuth suggested that the wording in the Policy for the Disposition of Property (Resolution #35-107) be changed from “Safety and Environment Office” to “Public Safety Committee”.

Supervisor Vick suggested a motion making that amendment.

 

RESOLUTION #40-107 – AMENDMENT TO RESOLUTION #35-107

 

Councilman Pritchard made a motion that the Resolution #35-107 DISPOSITION OF PROPERTY, be modified as suggested.

Such motion was seconded by Councilman Scroger. 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 that the foregoing resolution was duly adopted.

 

 

UNFINISHED BUSINESS

Supervisor Vick addressed the issue of the Town’s vacancy for the job of dog control officer. It has been vacant throughout the year. No one is interested in this position. There are already law enforcement officials in place to control dogs. Supervisor Vick raised the question of the position’s value versus its cost, and asked for input. Councilman Pritchard asked if the main function of that position is the enumeration of dogs. Supervisor Vick answered affirmatively. Councilman Pritchard then asked what, if any, liability the Town of Kendall has if it fails to carry out this responsibility. Supervisor Vick did not know. Councilman Scroger suggested that the position’s title – Dog Control Officer – may be a deterrent to possible candidates. Supervisor Vick stated that the title is set by the law. The Town Board will research the subject more extensively. Orleans County provides an Animal Control Officer, within the Sheriffs’ Department, and the Assessor is responsible for setting values of damage caused by dogs to other domestic animals. Councilman Pritchard suggested the advertising for the position be more explanatory. Supervisor Vick questions the impact of not filling the position.

Supervisor Vick stated that the change in the Grants Administration being purchased from Stu Brown by LaBella Associates needs to be visited, to ensure that this change does not pose the Town a conflict of interest dilemma, because of having both the Marina Project open, and Water District 5 open. Mr. Vick has spoken with the company president, so the process of discussion has begun.

NEW BUSINESS

TOWN OF KENDALL
STANDING COMMITTEES FOR THE YEAR 2007


PURPOSE:
The standing committees are appointed by the Town Supervisor to provide for the receipt of information from multiple sources such as but not limited to the Supervisor, Town Board, Electorate, General Public, Community organizations, Employees, other Political Sub-Divisions, Contractors, Vendors and that provided by their own research and discovery.
It is further implied and expected that the members of these committees will act upon any discovery of information that falls within or outside the area of their committee assignment so as to advise the Town Supervisor and the assigned Standing Committee Chairperson of such information and cause it to be acted upon.
Further, it is incumbent on the Chairperson, or his or her alternate, to provide for investigation, timely reports and recommended action to the Supervisor and the Town Board. Such reports are to be presented at the regularly scheduled meetings of the Town Board.
It is expected that the cognizant Committee Chairperson or a designated committee member will attend meetings that are held by Boards or Organizations that fall within the framework of his or her committee. The Supervisor serves as a member of all standing committees.

 
STANDING COMMITTEES:


Public Safety/Emergency Services & Occupational Safety
Includes liaison with Fire Dept., Law Enforcement, Code Enforcement, OCHD, NYDEC, Workplace and Property safety for all locations and activities of the Town of Kendall.
Chair: C. Scroger; Alternate: D. Pritchard; Dept. Heads: W. Kruger, S. Hardenbrook, K. DeRoller

 
Highway
Includes TOK Highway Dept., Orleans Co. Highway Dept., and NYSDOT.
Chair: C. Scroger; Alternate: D. Gaesser; Dept. Head: W. Kruger

 
Buildings & Grounds
Includes the maintenance and upkeep of all town buildings, property and cemeteries.
Chair: W. Vick; Alternate: D. Gaesser; Dept. Heads: K. DeRoller & W. Kruger


Planning, Zoning and Agriculture
Chair: D. Schuth; Alternate: D. Gaesser; Dept. Heads: R. Nelson & Kevin Banker

 
Community Relations
Liaison with Schools, Churches, Medical Office, Service Clubs,
Chair: D. Schuth; Alternate: C. Scroger;


Human Resources & Ethics
Including but not limited to Drug & Alcohol Testing, Substance Abuse, Related Counseling & Rehabilitation, Discrimination, Workplace Behavior, Conflicts in the Workplace & Conflicts of Interest.
Chair: C. Scroger; Alternate D. Gaesser


Finance, Taxes & Special Districts
Chair: W. Vick; Alternate: D. Pritchard


Information Services
Including Computer Systems, Records Management, Copy Equipment, Document Format, Telephone System        Chair: D. Pritchard; Alternate: D. Schuth; Dept. Heads: C. Kruger & K. DeRoller.


Employee Benefits
Chair: W. Vick; Alternate: D. Pritchard

 
Culture & Recreation
Youth Programs, Adult Recreation, Library, History, Celebrations
Chair: D. Pritchard, Alternate: D. Gaesser, Dept. Heads:  Barbara Flow, I. Knapp

 

ADJOURNMENT

 

Supervisor Vick called for any additional comments or input. There was none.

 

With there being no further business, Councilman Pritchard made a motion for adjournment, seconded by Councilman Scroger. Unanimously in favor of adjournment   at  10:00 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 By,

 

 

Amy K. Richardson

Deputy Town Clerk