PUBLIC HEARING – Small Cities Grant
Applications – 7:30 PM
KENDALL
TOWN BOARD – REGULAR MEETING – MARCH 8, 2007
RECESSED
MEETING – MARCH 15, 2007 – 7:30 PM
Kendall
Town Hall, 1873 Kendall, New York 14476
Public
Hearing – Small Cities Grant Applications – Federally funded; administered by
State
Public
Present: K. Lillibridge, Vince Flow, Brad Ferries, Bob Nelson, Sr., Stephen
Seaman, Mary Ellen Seaman, Scott B. Hardenbrook, Nadine Hanlon, Don Mann, Mary
Mann, Gert Hauck, Allen Lofthouse, Bev Lofthouse, Brittany Froman
Supervisor Vick opened the Public Hearing
at 7:30 p.m., and led the Pledge of Allegiance.
No public participation.
Supervisor
Vick stated that the Board intends and is preparing to reapply for grant
funding to advance Water
District
#6.
There will be another Public Hearing on March 15, 2007
on this matter.
Supervisor Vick declared the Public Hearing closed at
7:34.
REGULAR
MEETING
CALL
TO ORDER
Meeting was called to order by Supervisor
Vick at 7:35 p.m.
ROLL
CALL
Councilman Gaesser present
Council Pritchard present
Councilman Schuth present
Councilman Scroger present
Supervisor Vick present
Department
Heads Present: Ken DeRoller, Assessor; Scott
Hardenbrook, Code Enforcement Officer; Warren Kruger, Highway Superintendent;
Bob Nelson, Planning Board Chairman
APPROVAL
OF MINUTES
Councilmen
Pritchard and Schuth suggested corrections involving dates on the January 4,
2007 Organizational Meeting Minutes. Councilman Pritchard moved that the
minutes be approved, as corrected. The motion was seconded by Councilman
Gaesser. All votes were Aye; minutes were accepted.
REPORTS OF
COMMITTEES, BOARDS AND DEPARTMENT HEADS
COMMITTEES
Public Safety/Emergency Services &
Occupational Safety - Scroger, Chair
Town Hall
Security – Councilman Scroger has procured two companies’ bids, and is awaiting
a third.
Sale of Replica – still pending, has not
been advertised
Defibrillator – no report
Buildings, Grounds & Cemeteries – Vick , Chair
1823 Kendall Road – The Board wants to provide a
“controlled burn”, but the weather has not been cooperative. There have also
been other fires recently, all of which have rendered these properties
uninhabitable according to C.E.O. Hardenbrook. Supervisor Vick stated that it
is time to ask the owners to take their responsibilities. Everyone wants those
properties cleaned up. If the Town has to force compliance by the property
owners and the property owners do not comply, legal steps must then be taken in
order for the Town to accomplish the clean-up. This would, of course, be at
taxpayers’ expense until the costs could be recovered in REM proceedings. These
procedures are time-consuming, expensive, and there is no guarantee that the
costs would be recovered. It may be in order to call a Public Meeting to
announce the problem, and ask if the public is willing to bear the expense of
the clean-up, if reimbursement does not occur.
Generator – The Board has decided on a 20 KW, small
automotive engine, water cooled generator. This should provide for current and
future needs. Placement is an issue. An
engineer’s specification will be necessary.
Heating System – current is inadequate, but costly to
upgrade. Individual electrical wall heaters may be the answer. Total cost for
studies of the system will be $800.00.
Garage Heating and Ventilation - Councilman Gaesser
has done research and inspection. The insulation is inadequate, and there are air
leaks around windows. The project needs preparation time, and calculations
done, in order to do the job adequately.
Cemetery Policies and Procedures – Mary Ellen Seaman
is helping to research the current policies in place. There are no rules
governing publicly owned cemeteries. We need procedures drafted and properly
administered. There are $16,000 in a non-expendable trust fund for Greenwood,
and $8,000 in a non-expendable trust fund for Beechwood. Both cemeteries also
have some money in savings. The interest coming in from these accounts do not
cover the costs of maintaining and repairing these cemeteries, and providing
markers for the veterans. These costs could be covered, as well as security
additions and lighting, if we had access to the trust funds. The County Court
Judge could be petitioned to release the trust fund monies. Supervisor Vick
asked the Board if it has issues with this route. Councilman Scroger voiced his
support for this action. Mary Ellen Seaman was thanked for her efforts to compile
records, and draft procedures. Gert Hauck was thanked for her walk-through
mapping efforts. An advisory committee will be formed to navigate this effort.
Allen Lofthouse and Judy Ernenwein have been asked and have agreed to serve on
such a committee, chaired by Mary Ellen Seaman.
Planning, Zoning & Agriculture - Schuth, Chair
Training Policy – in final format, to be reviewed
Community
Relations – D. Schuth, Chair
Bicentennial Committee will meet in
April.
Councilman Schuth will be judging an
Art Fair contest on April 16, 2007
Culture
& Recreation – D. Pritchard, Chair
After
discussions with Dan Gaesser and Barb Flow, it has been decided to meet once a
month to discuss registrations, finances, and other topics as necessary.
Human Resources and Ethics - C.
Scroger, Chair
Change in Clerk will be addressed through later
resolution.
Finance, Taxes & Special Districts -
W. Vick, Chair
Verizon
Litigation and Time Warner – an assessment reduction is being approved by New
York State. Those lost revenues will have to be made up for by other taxpayers.
Information Services – D. Schuth,
Chair
No report
Employee Benefits - W. Vick,
Chair
No report
BOARDS
Planning Board - R. Nelson, Chair
Written report submitted
Also, reported that a Special Use Permit was processed
to convert a single-family residence to a farm labor
camp on West Kendall Road.
Supervisor
Vick interjected that turning old residential homes into migrant labor camps
may have a negative impact on the Town.
The meteorological towers study has been worked on. A
final draft should be presented to the Town Board imminently.
Mr. Nelson asked for advice as to how to
determine what documents can be discarded. Supervisor Vick responded that the
Records Retention Manual is in the Clerk’s office.
Zoning Board - Banker, Chair
Written report submitted
DEPARTMENT HEADS
Assessor – Ken DeRoller
Mr.
DeRoller introduced his guests, Christine Bannister and Mary Moscicki, who came
to give an analysis of the 2007 triennial assessment reevaluation, which is
taking place throughout Orleans County. Every parcel (1781) of property has
been looked at to ensure that assessments are equitable.
Impact
notices will be going out to every resident in Kendall, and Mr. DeRoller wanted
to ensure that all wishing to meet with him to discuss their notices have ample
time to do so.
Mr.
DeRoller turned the floor over to Ms. Bannister, who gave an overview and
analysis and provided a handout to follow, outlining the Assessment Disclosure
Notices that will be sent, assessment disclosure tax rate calculations, expected
tax liability shifts, computation of impact information for the various
neighborhoods of Kendall, and a discussion of the procedures that go into the
reassessment process. It was explained that a goal of this process is to ensure
consistency across the Town and County. Lakefront property and farmland are the
groupings that will see the largest upward shift in assessment.
Mr.
DeRoller encouraged the Board to ask any questions they have regarding this
process. He has spoken to the large farmers, to ensure they understand the
various equations used for the calculations. Mr. DeRoller felt ready to mail
the impact notices. Supervisor Vick requested that the Board be given more time
to understand the notice and method of arriving at the new assessments. The shifts
in the tax liability will likely cause residents to question them as well the
assessor. Mr. Vick asked for another week to prepare the Board, but no longer.
Mr. DeRoller emphasized that the notices need to reach taxpayers so that they
have time to schedule appointments, but if the Board wants to meet with him to
fully understand the process, one week is feasible. Supervisor Vick cautioned
the Board to take this matter seriously, and thanked Mr. DeRoller and his
guests for their presentation.
Code
Enforcement Officer – Scott Hardenbrook
Mr.
Hardenbrook did submit a written report.
Councilman Scroger commended Rick Seaman, Deputy CEO, for finishing all
of his training courses so quickly.
The State
of New York is requiring all Towns to update their Code Enforcement Laws to
incorporate International Code, which has been in effect since 2003. The State can provide a model of this law,
which can be reviewed and modified. Councilman Pritchard will meet with Mr.
Hardenbrook to enable him to prepare this document for Board review.
Highway
– Warren Kruger, Highway Superintendent
Winter has kept the Highway Department busy, and the
weather will be causing drainage issues. Mr. Kruger reported that a Caterpillar
Loader owned by the Highway Department has lost its hydraulic braking system.
This repair is beyond the ability of his crew, and has to be done by Caterpillar.
Orleans County has hauled the machine to Rochester for repairs, and has loaned
Kendall a loader, both of which saved Kendall significant costs.
The
cost of repairs and additional engine maintenance will be $11,000. It has been
a reliable machine for twelve years, and is well worth fixing correctly. The
Highway Department did receive a check for $15,000 from Albion for its aid in Albion’s
snow clean-up.
Recreation – Barb Flow, Director
Written report submitted
CORRESPONDENCE
A letter
received from Orleans Transit Service was read. OTS wishes to increase public
awareness of its services.
PUBLIC
PARTICIPATION
Nadine
Hanlon, Center Road, Kendall
Mrs. Hanlon stated that she had been
very active as Town Clerk with the cemetery records, and as of her resignation
as Town Clerk on October 31, 2006, the records were in order, in EXCEL
files. Beechwood is complete, Greenwood
as complete as possible after records’ destruction many years ago. She wanted
to assure the Board that no records were lost during her years as Records
Manager, and countless hours were spent updating those records. She took care
to ensure that those laid to rest in Kendall’s cemeteries were properly
documented. Mr. Vick assured Mrs.
Hanlon that records keeping is not in question; it is policies and procedures
that need to be addressed.
No
additional public comments.
PAYMENT OF CLAIMS
General Fund Abstract 003 $18,180.77 Vouchers
91 – 144, 161,166
Highway Fund Abstract 003 $19,388.69 Vouchers 90,
98, 114, 120, 145-160,162-165
Street Lighting
Districts 1,
2 and General Abstract 003 $874.18 Voucher 139
Councilman
Pritchard moved that the Payment of Claims be approved for payment. Motion was
seconded by Councilman Schuth. All ayes, motion carried.
Supervisor
Vick read Cynthia Kruger’s resignation letter.
RESOLUTIONS
RESOLUTION # 54-307 ACCEPTING CYNTHIA KRUGER’S RESIGNATION
Councilman
Schuth moved that the following resolution be adopted:
Whereas Cynthia Kruger did submit her
resignation by letter to Supervisor Vick on February 21, 2007 to be effective immediately, now, therefore…..
It is hereby resolved that the Kendall Town Board does hereby accept Cynthia
Kruger’s resignation as being effective, retroactively, to February 21, 2007.
Councilman Scroger seconded
the motion. 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 #55-307 APPOINTING AMY
RICHARDSON TO TOWN CLERK’S
POSITION
Councilman Gaesser moved that the following
resolution be adopted:
Whereas Amy Richardson, having been
offered the position of Town Clerk, Town of Kendall on February 22, 2007 has
hereby accepted the position on that date, now, therefore...
Amy Richardson, an elector of the Town of Kendall, residing at 15938 Roosevelt
Highway, Kendall, New York is hereby appointed Town Clerk, Town of Kendall,
effective and retroactive to March 1, 2007. It is further understood that Amy
Richardson must stand for election in the 2007 election to fulfill the
unexpired term for this office, which expires December 31, 2009.
Councilman
Schuth seconded the 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 declared the motion
carried, and congratulated Mrs. Richardson.
RESOLUTION #56-307 APPOINTING AMY
RICHARDSON TO REGISTRAR AND RECORD MANAGER POSITIONS
Councilman Gaesser moved that the following
resolution be adopted:
Whereas
a vacancy exists as of February 21, 2007 for the positions of Registrar of
Vital Statistics, and Records Manager for the Town of Kendall, now, therefore….
It
is resolved that Amy Richardson is appointed Registrar of Vital Statistics and
Records Management Officer, retroactive to March 1, 2007 and effective as of
that date.
Councilman
Scroger seconded the 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 declared the motion
carried.
RESOLUTION #57-307 TO TRANSFER FUNDS FOR EQUIPMENT EXPENSE
Councilman Pritchard moved that the following
resolution be adopted:
Whereas software installations were
not complete for the Williamson Law Book Fund Accounting System during the
fiscal year 2006 and remaining budgeted funds were absorbed into fund balance
at the end of fiscal year 2006 and...
Whereas the installation of Payroll programs, End of Year Close Out programs
and Annual Report programs for the NYS Comptroller were required to be
installed to complete the installation of the fund accounting system, now, therefore...
It is hereby authorized to transfer the sum of $1279.75 from Contingency
Account A1990.40 to Supervisor’s Equipment Account A1220.20 to cover the above
outlined expenses.
Councilman
Schuth seconded the motion. 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 #58-307 AUTHORIZING NEW
ACCOUNT FOR “BICENTENNIAL REVENUES AND DONATIONS”
Councilman Gaesser moved that the following
resolution be adopted:
Whereas there has accumulated the sum
of $530.00, in cash, in the Town Clerk’s Office, identified as Anonymous
Donations for Bicentennial, and whereas....
Town Clerk Richardson, Councilman Gaesser and Supervisor Vick have counted and
confirmed such funds, now, therefore...
Supervisor Vick is hereby authorized to create a new Revenue Account A2611
designated Bicentennial Donations/Revenues and cause the above funds to be
deposited in the Money Market Account, and to be accounted for as such in the
general fund accounting system, and further...
That such funds, as they are received from time to time, shall be accounted for
and deposited in the same manner, and further...
That prior to the close of Fiscal Year 2007, a Reserve Fund will be created to
accumulate and preserve such funds for the express purpose of funding expenses
for the 2012 Bicentennial Celebration.
Councilman
Pritchard seconded the motion. 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 # 59-307 CREATING POLICY FOR TOWN CLERK’S PETTY CASH FOR
CENTRAL PRINTING/MAILING
Councilman Pritchard moved that the following
resolution be adopted:
Whereas from time to time, in the
normal course of operations, it is appropriate and necessary for the casual use
of the copier/fax to provide for public and taxpayer needs, and whereas...
It is appropriate to charge a fee for such use, and whereas....
It is necessary to account for these fees and properly apply them as revenue to
reduce the cost of central printing and mailing, now, therefore...
The Town Clerk is hereby authorized to collect such fees and maintain the
corresponding petty cash as it accumulates, use petty cash if required to pay
for any expense necessary to maintain central printing and mailing and maintain
receipts of same, utilize this petty cash account as a source to provide for
change when appropriate and necessary, and maintain the petty cash amount at no
less than $100.00 but no more than $200.00. And further...
That in keeping with this policy the clerk should cause the excess of funds and
receipts for expense to be turned over to the Supervisor, collecting a receipt
for same, providing a record of the amount and dates as a Town Clerk’s fee
revenue and the Supervisor will deposit such funds into the Town’s accounts and
maintain the expense receipts with the deposit record.
Councilman
Gaesser seconded the motion.
Councilman
Pritchard asked if these revenues would be used to offset the copier overrun
expense. Supervisor Vick responded that they would, but indirectly.
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 #60-307 AUTHORIZING AGREEMENT WITH LABELLA ASSOCIATES FOR
SUPPLEMENTAL HEATING SYSTEM & EMERGENCY GENERATOR GAS SERVICE
MODIFICATIONS.
Councilman
Gaesser moved that the following resolution be adopted:
Whereas Labella Associates, PC has
provided a proposal for Mechanical &
Electrical Engineering services….
To provide for determining heating load and additional capacity required for
selection and installation of electrical heating units to provide supplemental
heating for the South facing offices in the Town Hall, and further...
To provide for evaluation of code issues and gas service modifications to
ensure additional gas capacity of 32OCFH to serve a 20KW Emergency Generator,
now, therefore...
Supervisor Vick is authorized to accept the proposal and enter into agreement
for the above services at a cost not to exceed $800.00.
Councilman
Scroger seconded the motion. 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 # 61-307 AUTHORIZING
EXECUTION OF ANNEXED MODIFICATION AGREEMENT BETWEEN TOWNS OF HAMLIN AND KENDALL
FOR SW#5
Councilman
Pritchard moved that the following resolution be adopted:
RESOLVED, that the Kendall Town Board does hereby authorize
execution of the annexed Modification Agreement thereby amending the
Intermunicipal Agreement by and between the Towns of Hamlin and Kendall,
providing for the construction, financing and operation of a joint water
project consisting of the Kendall-Beechwood Park Water District and the Kendall
Water District No. 5; and be it
FURTHER RESOLVED, that the Supervisor is hereby authorized to execute
the aforementioned Modification Agreement on behalf of the Town of Kendall and
the Kendall Water District No. 5.
Councilman Gaesser seconded the motion.
Upon being put to a roll call vote, the vote resulted as follows:
Councilman Gaesser Aye
Councilman Pritchard Aye
Councilman Schuth Aye
Councilman Scroger Aye
Supervisor Vick Aye
The resolution was deemed to have been
adopted.
UNFINISHED BUSINESS
None brought forward.
Supervisor
Vick announced that there will be a second Public Hearing on March 15, 2007 at
7:30 p.m. on the Small Cities Grant Applications. It will be followed by a
reconvention of this recessed meeting.
Supervisor Vick called for an Executive
Session to discuss information relating to a current investigation.
Councilman
Pritchard made the motion for executive session, seconded by Councilman Gaesser.
Upon being put to a roll call vote, the results were as follows:
Councilman Gaesser Aye
Councilman Pritchard Aye
Councilman Schuth Aye
Councilman Scroger Aye
Supervisor Vick Aye
Supervisor
Vick declared the motion carried, and the Board moved into Executive Session at
9:40 p.m.
Councilman
Pritchard moved that the meeting be recalled at 10:31 p.m. The motion was
seconded by Councilman Schuth. The vote was unanimously in favor, and the
meeting resumed.
With
there being no further business, Councilman Scroger moved to recess this
meeting until March 15, 2007, immediately following the Public Hearing at 7:30
p.m. Motion was seconded by Councilman Schuth. The vote was unanimously in
favor, and the meeting was recessed at 10:32 p.m.
PUBLIC HEARING – SMALL CITIES GRANTS
APPLICATIONS – 7:30 P.M.
KENDALL TOWN BOARD MEETING - MARCH 15,
2007
RECESSED MEETING FROM MARCH 8, 2007
Public
Present : Cark Lindsay, Darlene Lindsay, K. Lillibridge, Joyce Henry, Wendy
Balka, Al Lofthouse,
Bev
Lofthouse, Dawn Allen
Supervisor
Vick opened the second Public Hearing on Small Cities Grant Applications at
7:30 p.m.
There
were no public comments, and no comments from the Board.
Supervisor
Vick declared the Public Hearing closed at 7:32 p.m.
RECESSED MEETING
CALL TO RECONVENE
Supervisor
Vick brought the meeting of March 8, 2007 back 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
Department
Heads Present: Ken DeRoller, Assessor
SUPERVISOR’S REMARKS
Supervisor
Vick stated that he and the attorney met with U.S. Rural Development and did
the closing for SW#5. This represents a major milestone, and it was done at a
reduced cost.
The
Marina project is moving along slowly. It has experienced delays due to
finances. The Board has helped to move this project forward, and will continue
to help the operator and the surrounding neighborhood.
APPROVAL OF MINUTES
Town
Board Meeting Minutes of February 8, 2007
Town
Board Special Meeting Minutes February 24, 2007
Councilman
Pritchard moved that the minutes of February 8, 2007 be approved. The motion was
seconded by Councilman Scroger. All votes were Aye; minutes were accepted.
Councilman
Schuth moved that the minutes of February 24, 2007 be approved. The motion was
seconded by Councilman Gaesser. All votes were Aye; minutes were accepted.
Supervisor
Vick introduced Michael Schaffron of LaBella Engineering. He was invited to
make a presentation as to what is involved in water system expansion, and to
aid the Board in deciding a path to eliminate the requirement to create new
water districts when expansion of our water transmission system is desired.
Mr.
Schaffron gave a Power Point presentation outlining previous special district
studies done by LaBella, to address problems of economical water system
expansion and drainage issues in other towns. Solutions for economical and
equitable improvements can be achieved through consolidation or dissolution of
water districts. Consolidation offers a reduction in administrative burden, can
allow for economical expansion, and the benefits of interconnectedness. It does, however, pose cumbersome steps when
expansion is desired. Dissolution of the water districts is another option. In
this option, the operation of the water districts becomes a town function,
similar to those of the Highway Department. The advantages to this option are
that it reduces the administrative burden, can supply economical and equitable
expansion of the system, and it accelerates the time required to expand the
system. One disadvantage is that large
expansions may need approval from Audit Control.
In
determining the best course for Kendall, Mr. Schaffron suggested these
questions be answered:
What
are the needs of the community for public water supply?
Do
all residents want public water?
What
are the Town Board’s goals for the community?
What
will happen to existing and future debts, and who will be exempt?
Is
the action as equitable as possible for all parties?
These
questions can be addressed by establishing a Citizens’ Advisory Committee,
representing all factions of the Town, to work with the engineer and attorney,
who give their recommendations to the Town Board. The questions can also be
addressed through Town Board action. The engineer works with the Board, the
assessor, and the attorney. In either case, Public Information Meetings are
recommended, to be held before the Public Hearing.
Supervisor
Vick and the Board asked Mr. Schaffron several questions regarding Kendall’s
unique situations.
Supervisor
Vick thanked Mr. Schaffron for his presentation and opened the floor to public
comment.
PUBLIC PARTICIPATION
Clark
Lindsay – 16761 Lakeland Beach Road, Kendall
Asked
if the Town is growing enough in population to warrant the expansion of water?
Supervisor
Vick responded that the issue is predicated on the needs of current home sites,
not potential growth.
Joyce
Henry – 16915 Bald Eagle Drive, Kendall
Asked
if during a consolidation there could be refinancing?
Supervisor
Vick asked Mr. Schaffron; both believe there could not.
Wendy
Balka – 16764 Lakeland Beach Road,
Kendall
Asked
if current water residents would incur costs to pay for new extensions during a
consolidation.
Mr.
Vick responded that we do not know what the approach will be. This presentation
is a first step in exploring our options, and equitability will be a difficult
hurdle. The goal is to serve as many residents in the community, at the least
possible cost, in the quickest possible way.
Allen
Lofthouse – Roosevelt Highway, Kendall
Asked,
if during a dissolution of water districts, the Town runs the water system.
Mr.
Schaffron answered yes, that it would become a Town function. Supervisor Vick
explained that it would be another fund within the general funds account
system. Councilman Pritchard stated that Monroe County Water Authority would
run
the system; Kendall would decide when and where to expand.
Clark
Lindsay - 16761 Lakeland Beach Road, Kendall
Asked
if the dissolution would be an advantage.
Supervisor
Vick responded that research has to be done, but the Board feels it would be;
particularly administratively. We are just beginning to think this way. The
possibilities of economical expansion are dwindling.
Supervisor
Vick called a ten-minute recess. The meeting was called back to order at 9:06
p.m.
Supervisor
Vick introduced Ken DeRoller, who gave a presentation on the re-evaluation
process.
Mr.
DeRoller provided an information packet, including examples of the Assessment
Disclosure Notices that each taxpayer will receive, an impact statement, and a
cover letter that will accompany these disclosures. Mr. DeRoller wants the
recipients to understand how to contact him with questions and complaints.
Mr.
DeRoller introduced Dawn Allen, the Director of Real Property in Orleans
County, who helped present an overview of how the triennial re-evaluations are
done, and how informal hearings will be conducted. Arriving at a fair and
equitable redistribution of equity is complex, and time-consuming. The redistribution
of tax liabilities will, in general, shift toward farmland and lakefront
property. Assessments are based on market/sales values, comparable properties
comparisons, and an income-market approach – which concerns businesses and
properties. Land values have changed. Anticipated increases in corn prices are
affecting land values.
Supervisor Vick expressed a concern that
non-local buyers, paying inflated prices for lakefront property, may falsely
drive up values enough to drive out long-time residents.
Mr. DeRoller explained that the current
re-evaluation is based on the past three years. Approximately 70% of residents
will see steady or reduced assessments. The other 30% will see increases in
their assessments.
An
intense line-by-line discussion of the letter that will accompany the
assessment disclosure notice was conducted between Supervisor Vick, the Board
Members, Mr. DeRoller, and Ms. Allen. Several
changes in the wording of the tentative letter were strongly suggested and accepted
for the final draft. Supervisor Vick warned the Board to take this issue very
seriously; to act upon the best interests of the Town of Kendall residents.
Councilman Gaesser suggested that Mr. DeRoller attach the final draft as an
e-mail to the Board members to expedite the revision process. Mr. DeRoller
agreed to do that immediately.
Supervisor
Vick opened the floor to the public for questions and comments.
PUBLIC PARTICIPATION
Joyce
Henry – 16915 Bald Eagle Drive, Kendall
Asked
if the lake valuation changes were based solely on market value.
Mr.
DeRoller responded that the valuation formulas have been consistent; changes
upward have been based on sales prices.
Clark
Lindsay – 16761 Lakeland Beach Road, Kendall
Asked
what is considered “hamlet” of Kendall, and what has changed to cause the area’s
assessments to decrease.
Supervisor
Vick answered that the hamlet is the area of the four corners, “downtown”
Mr.
DeRoller answered that the decrease was due to market value decreases.
Mr.
Lindsay pointed out that the term “ability to pay” had been used by Mr.
DeRoller earlier during his presentation, before correction, concerned that Mr.
DeRoller had that thought process during his assessments.
Mr.
DeRoller apologized for the use of that phrase. Supervisor Vick interjected
that the phrase should not have been used, and that’s all that can be said.
Bev
Lofthouse – Kendall
Asked why the Assessor recommended
showing an insurance policy when arriving for an assessment review hearing.
Mr.
DeRoller stated that it can be a tool in determining what an owner feels his
home is worth. Supervisor Vick said that is not true; people are rarely insured
for true replacement value. Mr. Lindsay pointed out that insurance companies do
not always allow full coverage. Mr. DeRoller stated that it is just one tool of
many. He does not accept real estate appraisals.
Supervisor
Vick told the Board that each member needed to respond to Mr. DeRoller by
Monday morning, March 19, 2007, with any input, so mailing of the notices can
begin.
Wendy
Balka – 16764 Lakeland Beach Road
Asked
if Mr. DeRoller would entertain discussion during the hearings regarding the
impact on her neighborhood’s ability to sell their homes, with the current
circumstances they are facing.
Mr.
DeRoller responded that it could be discussed, but briefly, because the market
does not show the impact due to Eagle Creek Marina to which Ms. Balka was referring.
Supervisor
Vick thanked Ms. Allen for her time, and fortitude.
RESOLUTION 62-307
- TO PROVIDE THE LOCAL SHARE OF THE
COST OF CONSTRUCTING PUBLIC WATER IMPROVEMENTS TO SERVE THE TOWN OF KENDALL
WATER DISTRICT NO. 6
Councilman Scroger moved that the following resolution be adopted:
WHEREAS, the Town has commissioned a
preliminary engineering evaluation to define the extent of improvements and cost
associated with the installation of public water improvements to serve the Town
of Kendall Water District No.6; and
WHEREAS, the cost of undertaking
these improvements is estimated at $520,000 including construction, legal,
engineering and administrative costs; and
WHEREAS, the Town Board has
previously authorized the Supervisor to file a Small Cities application in the
amount of $400,000 for the installation of the needed water system
improvements,
NOW, THEREFORE BE IT RESOLVED, that
the Town Board commits that it will provide $120,000 in funds plus any overruns
that may be incurred to build the proposed improvements recommended in the
preliminary engineering analysis referenced herein, to address the problems and
eliminate the problems facing residents in this area due to inadequate private
water supplies. THIS COMMITMENT IS CONDITIONED ON THE TOWN RECEIVING THE
$400,000 SMALL CITIES GRANT REFERRED TO ABOVE. THE TOWN’S FUNDS ARE TO BE
PROVIDED BY GENERAL OBLIGATION BONDS TO BE ISSUED BY THIS BOARD CONSISTENT WITH
APPLICABLE LAWS OF THE STATE OF NEW YORK.
Councilman Schuth seconded the motion. Upon
being put to a roll call vote, the vote resulted as follows:
Councilman Gaesser Aye
Councilman Pritchard Aye
Councilman Schuth Aye
Councilman Scroger Aye
Supervisor Vick Aye
Supervisor Vick Declared the resolution
adopted.
RESOLUTION 63-307 AUTHORIZING THE
SUPERVISOR TO EXECUTE AND SUBMIT SMALL CITIES APPLICATIONS
Councilman Gaesser moved that the following resolution be adopted:
“RESOLVED, that the Supervisor of the Town of Kendall, Orleans County, New
York, is hereby authorized as the official representative of the Town to
execute and submit a Small Cities application to the administrative agency for
the Fiscal Year 2007 program, all understandings and assurances contained
therein, and is hereby directed and authorized to act in connection with the
submission of the application and to provide such additional information as may
be required.
Councilman Pritchard seconded the
motion. Upon being put to a roll call vote, the vote resulted as follows:
Councilman Gaesser Aye
Councilman Pritchard Aye
Councilman Schuth Aye
Councilman Scroger Aye
Supervisor Vick Aye
Supervisor Vick Declared the resolution
adopted.
RESOLUTION 64-307 ADOPTING POLICY FOR PERSONAL USE OF
TOWN RESOURCES, AS PRESENTED
Councilman Pritchard moved that the following policy be adopted:
Town of Kendall
Policy for the Personal Use of Town Resources
Scope:
This policy
applies to the use of town resources for purposes other than official Town
business.
Purpose:
This Personal Use
Policy provides guidelines to employees and officials of the Town of Kendall concerning the use of the Town’s resources
and services for non-official purposes.
The Town of Kendall
deals constantly with the public’s perception of how we conduct the business of
the Town. All Town of Kendall employees and officials must be constantly
mindful of the necessity for conducting ourselves with the highest ethical
principles, and avoid any action that may be viewed as a violation of the
public trust. As custodians of resources entrusted to us by the public and by
government entities, we should always be mindful of how we utilize these
resources. As members of a working group, we should also be mindful of our
responsibility to act so that others are not deprived of access to these same
resources as they perform their duties. These resources include, but are not
limited to, employee’s time, facilities, supplies, and equipment, such as
telephones, fax machines, and computers.
Guidelines:
The use of the
Town’s resources and services for non-official purposes is permitted only in
compliance with the following criteria:
1. The cost to the Town must be negligible.
2. The use must in
no way undermine the use of Town resources and services for official purposes.
The use must not interfere with a Town employee’s obligation to carry out his
or her duties in a timely and effective manner. Time spent engaged in the
non-official use of Town resources is not considered to be Town work time.
3. This policy also
applies to all contractors, subcontractors, interns, members of the public, and
other visitors to Town of Kendall facilities.
4. The use neither expresses nor implies sponsorship
or endorsement by the Town.
5. The use must be
consistent with state and federal laws regarding obscenity, libel, or the like,
and state and federal laws and Town policies regarding political activity, the
marketing of products or services, or other inappropriate activities.
6. Employees and
officials of the Town of Kendall have no right to use Town resources for
personal use. Such use is granted so long as it is not abused.
In applying these
guidelines, each case will depend upon the particular circumstances and other
important factors such as materiality or reasonableness. The ultimate control,
therefore, lies with each employee’s department head, as that department head
should have direct knowledge of the behaviors and needs of the individual
employee.
Employees should
consult with their department heads in advance if they have any questions about
appropriateness of certain practices. A department head’s decision cannot,
however, circumvent other policies and procedures of the Town of Kendall that
may restrict personal use beyond the limitations cited in these guidelines. For
example, the use of Town telephones, fax machines, and mail services must
comply with existing Town policies, and the use of Town resources in political
activity is prohibited. This privilege to use Town resources for personal use
may be revoked or limited at any time by department heads or Town officials.
Specific Provisions on Use of Equipment
and Services
Telephones
The public, Town employees and Town officials are
allowed to make local and toll-free calls.
Personal toll calls may not be billed to Town
telephone numbers.
Personal long distance
calls may be made from Town telephones only when these calls are placed as
credit card or collect calls.
Copier
and Facsimile (Fax) Machines
The public, Town
employees, and Town officials are allowed personal use of the copier and
facsimile machine for a per-copy fee of $0.15 per page for the copier and $1.00
per page for the facsimile machine (excluding cover sheet).
The per-copy fee
for copies also applies to stand-alone, sheet-fed printers and for the copier
when it is a multi-function machine that is operating as a computer printer.
High-volume copying
and printing represent a significant cost to the Town, both in the cost of the
Town’s service contract for the copier and in the wear and tear on the copier.
As such, copying or printing more than 20 copies for non-official business is
prohibited unless special permission is granted by the Town Board.
Prohibited Uses
Employees and
officials are expected to conduct themselves professionally in the workplace
and refrain from personal use that is inappropriate. Examples of misuse or
inappropriate personal use of Town resources include:
The use of Town
resources for commercial purposes or in support of “for-profit” activities or
in support of other outside employment or business activities;
Any personal use
that could cause congestion, delay, or disruption of service to any Town system
or equipment. For example, transmittal of chain letters, video, or large file
attachments or large data streams that can degrade the performance of the
entire computer network;
The use of Town resources for activities that are illegal or offensive to
fellow employees or the public;
The creation,
downloading, viewing, storage, copying, or transmissions of sexually-explicit
or sexually-oriented materials;
Any use that could generate more than minimal expense to the Town.
Privacy Expectations
Privacy is not implied or assured by the Town when Town resources are
used for non-official purposes.
Sanctions for Misuse
Unauthorized or
improper use of Town resources could result in loss of use or limitations on
use of Town resources, disciplinary action, criminal penalties, and/or
responsible parties being held financially liable for the cost of improper use.
Policy for the Personal Use of Town Resources REV: March 14,
2007
Councilman
Gaesser seconded the motion. Councilman Pritchard suggested the removal of a
section called Proper Representation.
Upon being put to a roll call vote, the vote resulted as follows:
Councilman
Gaesser Aye
Councilman
Pritchard Aye
Councilman
Schuth Aye
Councilman
Scroger Aye
Supervisor
Vick Aye
Supervisor Vick declared the resolution
adopted, as amended.
UNFINISHED BUSINESS
Generator Project - Supervisor Vick has the
specifications back for gas service, and the engineering request ready to send
to RG&E
Planning/Zoning Training Policy – The Board can review
Councilman Schuth’s document before the April Board
Meeting and be prepared to pass it.
NEW BUSINESS
Mowing Contractors’ Bids are
in. The decision has come down to being between M&M Mowing and Kendall
Property Maintenance. After discussion, it was decided to choose M & M
Mowing for all of the mowing needs of the Town. They are overall, the least
expensive option.
RESOLUTION 65-307 AWARDING LAWN CARE CONTRACT TO M
& M MOWING
Councilman Pritchard made a
motion to award the Lawn Care Contract for all the Town’s sites to M & M
Mowing.
The motion was seconded by Councilman Gaesser.
Supervisor Vick called for a roll call vote, with the following results:
Councilman Gaesser Aye
Councilman
Pritchard Aye
Councilman
Schuth Aye
Councilman
Scroger Abstain
Supervisor
Vick Aye
Supervisor Vick declared the resolution
adopted.
Grant Programs – Supervisor
Vick asked Councilman Gaesser to look into rural renewal grant options.
Councilman Gaesser had not found any grant options specifically for demolition.
Supervisor Vick suggested searching for “renewal” grants. Councilman Gaesser
had found energy efficiency grants available toward winterization of the
Highway Building. He also has quotes for the costs of windows and siding.
Heating System Improvements
of the Town Hall – Supervisor Vick reported that LaBella did an inspection and report
regarding the heating system at the Town Hall. They reported that the current
system meets the requirements, and suggested adding ceiling-installed electric
heaters. After discussion, Supervisor Vick suggested we go with the
recommendation. When there is time, an electrician will be brought in to
install the heaters. It is not an immediately pressing problem.
Councilman Pritchard stated
that he wants the close-out of the joint Kendall Hamlin Water District to be a
high priority.
Supervisor Vick stated that
the Water District equipment, including a Hole-hog, a 2500 HD pickup truck with
a stall service body, and a tag trailer are set to go to auction. The Town has
no interest in the tag-trailer. The service-body truck could be purchased for
$12,500. The hole-hog may be available for less than the $2500 appraisal price.
These are reasonable prices for good pieces of equipment, which will be useful.
There is not an immediate need for them, however. The options are: do not
consider them at all, letting it go to auction with intention to bid to a
certain maximum, or buy them. Decision must be made by the end of the month.
RESOLUTION 66-307 TO AUTHORIZE SUPERVISOR TO BID ON
TWO PIECES OF EQUIPMENT AT AUCTION
Councilman Pritchard made a motion to adopt the
following resolution:
To authorize Supervisor Vick
to bid on two pieces of equipment, belonging to the former joint water
department, at auction; the bids not to exceed the appraisal range values – Truck
- $12,500 - $13,500; and hole-hog - $ 2,500 - $3,000.
Councilman Scroger seconded the motion. 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 resolution
adopted.
Notice has been given that the March
22, 2007 Town Board Meeting is cancelled.
Mr.
Lofthouse wanted to know about room in the basement for the Fire District
records. Records of Historical value may be more secure in the Town Hall. This
will be decided at a later date.
ADJOURNMENT
With there being no further
business, Councilman Pritchard moved the meeting be adjourned, seconded by
Councilman Gaesser. Unanimously in favor of adjournment at 11:36 p.m.
Respectfully Submitted,
Amy
K. Richardson
Town Clerk