KENDALL TOWN BOARD – REGULAR MEETING – APRIL 12, 2007 – 7:30 pm

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

                                                             

PUBLIC PRESENT: Bob Nelson, Sr. Scott Hardenbrook, Vincent Flow, Allen Lofthouse, Bev       

Lofthouse, Julie Kludt, Jena Whiteside, Marv Bieber, Ken Rush, Ken DeRoller, Robert Gregory, Sandra Shieb, Steve Seaman, Mary Ellen Seaman, Roger Klimek, Gert Hauck, Don Mann, Mary Mann, Mike Hanlon, Christine Bannister, Mary Moscicki 

                                                                                                            

CALL TO ORDER

Supervisor Vick called the meeting to order and led the pledge of allegiance at 7:30 pm.

 

ROLL CALL

            Councilman Gaesser                 present

            Councilman Pritchard                present

            Councilman Schuth                   excused

            Councilman Scroger                 present

            Supervisor Vick                        present

 

APPROVAL OF MINUTES

Public Hearing and Regular town Board Meeting Minutes – March 8, 2007

Councilman Pritchard moved that the minutes be accepted as presented. The motion was seconded by Councilman Scroger. All votes were Aye, minutes were accepted.

 

Public Hearing and Recessed Town Board Meeting Minutes – March 15, 2007

Councilman Scroger moved that the minutes be accepted as presented, seconded by Councilman Gaesser. All votes were Aye, minutes were accepted.

 

REPORTS OF COMMITTEES, BOARDS AND DEPARTMENT HEADS

 

Standing Committees

Public Safety/Emergency Services & Occupational Safety - C. Scroger, Chair

-Town Hall Security - Two companies have submitted bids for security plans, including duress alarms. A draft will be prepared for review for the next Town Board Meeting. Cameras would be too expensive, and impractical.

-Sale of Replica Canon – There has been one inquiry; the canon has been on e-bay for approximately one month; Supervisor Vick interjected that the appropriate thing to do at this point is to publicly advertise it

Buildings, & Grounds – W. Vick, Chair

-1823 Kendall Road – A resolution will be brought forth tonight to take care of this and other problem properties.

-Generator – Things are in place to move forward on installation

-Heating System – Electric ceiling heaters will be installed.

-Cemetery Policies and Procedures – near completion; a Cemetery Committee will be appointed tonight

Planning, Zoning & Agriculture - D. Schuth, Chair

-Training Policy – will be covered in detail tonight in a resolution

    Community Relations – D. Schuth, Chair

                        -Memorial Day plans are in order; will be at the Morton Cemetery this                            year

Information Services - D. Pritchard, Chair

                   - There has been work with Paul Dittman over the past month to improve the file sharing system. This is being done at no cost. The website needs updating. Supervisor Vick mentioned that the current e-mail problem must be addressed.   

Inventory on Town Hall (Schuth) – Nearly complete

Culture & Recreation – D. Pritchard, Chair

-         Meetings with Barb have been occurring

 

    County Legislature Report – Ken Rush

-         The County Nursing Home is progressing on schedule

-         The County Jail – different proposals are being considered for the building of a new jail facility

 

Boards

Planning Board - Nelson, Chair – Written report submitted

Zoning Board - Banker, Chair - Written report submitted

 

Department Heads

Assessor – DeRoller – Written report submitted; Mr. De Roller reported that the  

                            re-evaluation process is running well. He is conducting informal interviews until May. Councilman Scroger requested that for the record it be stated that the Board does not have influence on the re-evaluation process, or individual assessments.

Code Enforcement – Hardenbrook - Written report submitted

Highway – Kruger – Spring clean-up is underway; Equipment is being repaired of winter damage; the Honor Society and Leos Club from the High School will be volunteering to clean-up Beechwood Cemetery, and the Scouts will conduct a road-side clean-up; Mr. Kruger would like to meet with the new cemetery committee to discuss headstone repair. Terry Williams has retired from the County. He has been a great help to the Town of Kendall through the years. Supervisor Vick would like to honor his service to the Town of Kendall with a resolution recognizing his service. Mr. Kruger offered his services if necessary during the removal of unsafe structures. The Town has its loader back, and in good condition. Mr. Rush mentioned that the County will be purchasing a tree chipper that will be available for the Town’s use.

Recreation – Flow - Written report submitted

 

CORRESPONDENCE

A letter was received from the New York State Department of Transportation regarding a road resurfacing project on Route 18 planned for this summer.

A letter was reviewed from the Genesee Valley Retired Public Employees Association, regarding an upcoming seminar.

 

PUBLIC PARTICIPATION

Mike Hanlon, 1424 Center Road, Kendall

            Asked Councilman Scroger if the listing for the sale on e-bay of the replica cannon was published to the people of Kendall. Councilman Scroger said that it was not. He also stated that the Town did not list it on e-bay. Mr. Hanlon asked if a price was set for the cannon, and stated that it should have a reserve price stated if it is offered on e-bay. Supervisor Vick stated that the replica cannon will not be placed for sale without public knowledge and the opportunity of the public to bid on it. Mr. Hanlon wanted to know whether the cannon were indeed on e-bay, as Mr. Scroger stated earlier. Supervisor Vick

            said that he was not aware whether it was, and assured Mr. Hanlon that such placement, if having occurred, had not been sanctioned, nor authorized by the Town.  The Town’s policy for the disposal of public property will be followed.  

 

PAYMENT OF CLAIMS

General Fund                            Abstract 004                 $35,027.49        Vouchers 168-203,239-243

Highway Fund                           Abstract 004                 $14,982.20        Vouchers 167,172,178,204-239

Street Lighting                           Abstract 004                 $     834.13        Voucher   242

 

A motion to approve the payment of claims was made by Councilman Pritchard, and seconded by Councilman Gaesser.

The vote resulted in all Ayes; motion carried.     

 

RESOLUTIONS

 

RESOLUTION 67-407 Adopting the Town of Kendall Policy for Training Requirements for Kendall Planning Board and Zoning Board of Appeals Members

 

Councilman Gaesser moved that the following resolution be adopted:

 

Whereas, The State of New York has established training requirements set forth by New York State Chapter 662; Sections 267 and 271 of the Laws of 2006, which requires all members, including alternates, of Town Planning Board and Town Zoning Board of Appeals to complete four hours of training each calendar year beginning January 1, 2007 and further that …

The above referenced Law authorizes Town boards to establish a detailed policy to ensure that the Law is administered and followed as it applies to local town governments, therefore,

The Policy for Training Requirements for Kendall Planning Board and Zoning Board of Appeals Members, approvals for completion of and records keeping requirements is hereby approved as submitted and attached.

It is further resolved that this training policy shall constitute a revision to the Town of Kendall Town Ordinance Article VIII, Section 810 and 821 and shall be included upon the next revision thereof.

 

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 Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

RESOLUTION 68-407 Revised Building Permit Fee Schedule

 

Councilman Gaesser moved that the following resolution be adopted:

 

            Whereas the Building Permit Fee Schedules have not been revised since the year 1988 and…

            Whereas the cost of administering the permit process and providing for adequate inspection and code enforcement has increased substantially, corresponding liability insurance costs have increased substantially and further…

            That increasingly, current requirements often require legal counsel and assistance in the application of procedures required to provide for code enforcement and abatement of hazards to the health, safety and welfare of the public, now therefore…

            The Kendall Town Board does deem it necessary to increase the fees in order to help defray the cost of these actions and non-compliance, and hereby adopts the revised fee schedule as attached hereto.

 

The motion was seconded by Councilman Scroger.

 

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

                        Councilman Gaesser                 Aye

                        Councilman Pritchard                Aye

                        Councilman Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

RESOLUTION 69-407 Creation of Cemetery Advisory Committee

 

Councilman Pritchard moved that the following resolution be adopted:

 

            Whereas, from time to time, there are decisions required in order to provide for operation of Beechwood and Greenwood Cemeteries and further…
             That these decisions must often be made with sensitivity to the public and families whose members are interred there, this places an added requirement on the Town Board to deliberate any action with highly considerate and tactful care, beyond the requirements of normal day to day operations and legislation, and further...
             That operation and administration of these cemeteries requires formal policy to be created, records and mapping to be maintained, specific procedures to be followed and unusual care and oversight, now therefore…

            The Kendall Town Board does hereby create the Town of Kendall Cemetery Advisory Board, consisting of three electors of the Town of Kendall, to meet at least three times annually, at their discretion, unless called upon to meet on specific issues as desired by the Town Board, and further...

            The term for member service is to be two (2) years with reappointment or appointment to occur at the January Town Board Organizational Meeting of even numbered years except to fill a vacancy, and further….

 

That the mission of this Advisory Board shall be, at minimum, to:
1.  Recommend levels of care and maintenance of cemeteries to the Kendall Town        Board.
2.  Recommend need for and change in policy, procedures and records keeping.
3.  Provide some periodic oversight of the physical cemetery grounds and          property, and report    situations to be remedied, if they should exist,           including placement of items memorializing military veterans of national             conflicts.
4.  To particularly maintain awareness on behalf of the Town Board of necessary           public respect for monuments, both civilian and military, and the proper     and timely display of the site-specific American Flag and other    appropriate memorials placed by the families and public.
5.  Annually review policy, procedures and record keeping.
6.  To generally assist the Town Board in ensuring the highest level of care and   management of the cemeteries, administration of the interment process,             and compliance with Public Health Laws.
7.  To provide interface, assistance, and a forum for cemetery custodians to aid in          their needs and duties if necessary.

 

The motion was seconded by Councilman Scroger.

 

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

                        Councilman Gaesser                 Aye

                        Councilman Pritchard                Aye

                        Councilman Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

Resolution 70-407 Appointing Members of Cemetery Advisory Board

 

Councilman Gaesser moved that the following resolution be adopted:


           
Whereas the Cemetery Advisory Board has been created by Town Board Resolution and...
            Whereas Mary Ellen Seaman, Judy Ernenwein and Allen Lofthouse, all residents of the Town of Kendall, have demonstrated their interest and expressed their willingness to serve as members of this Advisory Board...
            Now, therefore, Mary Ellen Seaman, Judy Ernenwein and Allen Lofthouse are hereby appointed as the members of the Town of Kendall Cemetery Advisory Board commencing as of April 12, 2007 with terms of service to be two years, appointments or reappointments to be made biannually at the January Town Board Organizational Meeting.
            Further it is stipulated, that because this first term of appointment begins mid year, that this first term shall carryover throughout the years 2007, 2008 and 2009 and terminate on the date of the January 2010 Town Board Organizational Meeting for reappointment or appointment at that date.

 

The motion was seconded by Councilman Pritchard.

 

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

                        Councilman Gaesser                 Aye

                        Councilman Pritchard                Aye

                        Councilman Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

RESOLUTION 71-407 Introducing Law # 1 of 2007

 

Councilman Scroger moved that the following resolution be adopted:

 

            Whereas it is necessary to revise and update existing Local Law providing for the administration  and  enforcement of the New York State Uniform Fire Prevention and Building Code, and…       

Whereas the Code Enforcement Officer, Scott Hardenbrook, has submitted his recommended changes and content to the Supervisor for his review and comment, and…

Whereas the Supervisor and Code Enforcement Officer have agreed upon the format for such revised local law, now therefore…

This change and revision to the local law as hereby attached is introduced for consideration by the Town Board and to allow for public input, and further…

That the Town Clerk is authorized to place a Legal Notice for a Public Hearing to consider adoption of this law, to be held on April 26, 2007 at 7:30 p.m. and to make the text of this local law available at the Town Office for public inspection. 

 

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 Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

 

 

RESOLUTION 72-407 Authorizing Distribution of Funds from Hunt Library Trust

 

Councilman Pritchard moved that the following resolution be adopted:

It is hereby resolved that Supervisor Vick is Authorized to distribute funding from the Joseph Hunt Library Trust during fiscal year 2007 as per the following allocation:

Contractual Services for Kendall Librarian                                $  860.00
Contractual Expenses for Kendall Town Library                                    $1200.00
Contractual Expenses for Holley Community Free Library         $  600.00
for a Total of:                                                                            $ 2660.00

Further... The following procedures and rules are hereby adopted…

1. It is understood that any and all expenses so expended are to be vouchered prior to expenditure of Trust Funds.                                 
2. Expenses may be prepaid by the Supervisor and then accounted for by abstract and Town Board approval.
3. Library Expenses for all materials are to be paid by submittal of the bills with Town of Kendall Voucher and certification by Library Director of approval for payment.
4. Payments may take the following form:
    a. Reimbursement to payee for paid bills.
    b. Direct payment to the vendor for bills made out to the respective Library which can contain only expenses chargeable to this authorization and none other. These must include copies of statements or invoices which identify the Library on behalf of whom the payment is made.

Further... It is understood that the distributions as provided for may change annually but that these same procedures and rules shall remain in place for ensuing fiscal years until such time as they shall be changed by further resolution of the Kendall Town Board.

The motion was seconded by Councilman Scroger.

 

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

                        Councilman Gaesser                 Aye

                        Councilman Pritchard                Aye

                        Councilman Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

Resolution 73-407 Supporting Tax Incentives for Volunteer Fire Fighters, Local Officials and Volunteers.

 

Councilman Gaesser moved that the following resolution be adopted:


           
Whereas there is before the United States Congress legislation that would provide tax incentives for Volunteer Firefighters, local Town officials and Volunteers and...
            Whereas the National Association of Towns and Townships, our partner on federal issues, is seeking our assistance in support of this legislation and...
            Whereas the two measures before Congress are explained in correspondence to the Supervisor which seek Town of Kendall Support and additional survey information needed to support these bills, now therefore…
            It is resolved to support NATaT and Association of Towns’ efforts and provide for the Supervisor to build support for these approaches in Congress and to provide survey information to do so.

 

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 Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

Resolution 74 -407 Authorizing Code Enforcement Officer to Enforce Disposal of Debris and Removal of Unsafe Structures for Certain Properties.

 

Councilman Scroger moved that the following resolution be adopted:


            Pursuant to Sections 3 & 4 of Local Law #1 of 1982 the Code Enforcement Officer is hereby authorized and instructed to order and serve notice on the owners of the following properties, which have been destroyed by fire or abandoned or otherwise found to be in non-compliance or are deemed dangerous to the public welfare, to separate and dispose of debris and bury and cover foundations and basements to secure the sites as ordered.


1. 1849 Kendall Road (Capwell)
2. 1750 Kendall Road (Lemcke)
3. 17269 Kenmor Road (Paeth)
4. 1911 County Line Road (Mcllmurray)
5. 1947 County Line Road (Campbell)
6. 2612 Carton Road (Staples)
7. 1548 Norway Road (Swierkos)


            Further, that such notice shall be served prior to April 18, 2007 and will include provision (15 days notice) for hearings in opposition to the order before the Town Board on May 3, 2007 at the Kendall Town Hall at 7:30 PM., and...
            Further, that the intent is for compliance with such order to occur on or before June 3, 2007 if the hearing is attended or 30 days after notice of default served no later than June 6, 2007 if the owner does not appear at the hearing, and...
            Further, that the intent, if there is non compliance, is that the Town of Kendall will demolish and remove the offending structures and debris on or after July 3, 2007 or on or after 60 days after notice of default with all charges incurred to be assessed against the land and levied and collected as provided for under Town Law, and further...
            That it is the intent to employ the provisions of Section 9 of Local Law #1 of 1982 if it is determined, at any point in time that the condition of these properties rises to the level of presenting a clear and imminent danger to the life, safety or health of any person or property
.

 

The motion was seconded by Councilman Pritchard.

 

Supervisor commented that he takes responsibility for facilitating the clean-up of these                     properties, but he is bound to follow the law. The Town cannot go onto personal property without permission of the owner; he understands that taxpayers do not want to fund the clean-up of others’ messes, unless absolutely necessary.

 

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

                        Councilman Gaesser                 Aye

                        Councilman Pritchard                Aye

                        Councilman Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

Resolution 75 -407 Authorizing Auctioning of Surplus Water Dept. Equipment

 

Councilman Pritchard moved that the following resolution be adopted:


           
Whereas it has been generally agreed upon by the Town Board members of both Towns of Hamlin and Kendall that certain items of equipment owned by the Water Districts should go to auction to facilitate dissolution of the Joint Hamlin Water District, and...
            Whereas the Hamlin Town Board has passed a resolution on April 9, 2007 by a vote of
5 ayes and 0 nays at the regular Town Board meeting to send to municipal auction as surplus equipment a 2005 Chevrolet pickup with utility box, a 1998 Allied Hole Hog pneumatic boring tool and a 1974 General 16 ton tag trailer, now, therefore...
            It is resolved to authorize the sending of these same items of surplus equipment to municipal auction.

 

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 Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

 

Resolution 76-407 Introducing Local Law #  2  of 2007

 

Councilman Pritchard moved that the following resolution be adopted:

 
           
Whereas it has been deemed necessary to provide for Special Permit Use Regulations for Meteorological Towers, as they apply to the feasibility of installing commercial wind energy conversion systems (CWECS), to both authorize and control their employment and the purposes for same, and...
            Whereas the Kendall Town Planning Board has researched, evaluated, created and provided a recommendation in the form of a final draft entitled Special Permit Use Regulations Article VII, Page 63, Add Section 724 Meteorological (Anemometer/Met) Towers for a Local Law which addresses the requirements for zoning controls and the interests of the residents of the Town of Kendall as outlined within, now therefore...
            These draft regulations, as attached, are hereby introduced for consideration by the Kendall Town Board and to allow for public input and further...

                That the Town Clerk is authorized to place a Legal Notice for a Public Hearing to consider public input to the Kendall Town Board for adoption of these recommendations as Local Law and amend zoning regulations and requirements accordingly. The Public Hearing is to be set for April 26, 2007 at 7:30 PM. The Town Clerk is to make the text of this recommendation and additions to Local Law available at the Town Offices for public inspection.

 

The motion was seconded by Councilman Gaesser.

 

(Councilman Pritchard asked if there could be a problem if one company were to have all four Met Towers.

 

Bob Nelson replied that the Planning Board will take this into consideration.

 

Attorney Sansone advised that the issue has already been addressed in section B-02-c of the proposed law. Data will become public knowledge, through the F.O.I.L. process, and therefore available to any competitors.

 

Bob Nelson assured the public and Board that he welcomes public comment and input.

 

Supervisor Vick commented that having put a moratorium in place has enabled the Town to have things in order for this first step. As time goes on, there will be ample opportunity for public comment and questions and concerns to be expressed.

 

Councilman Pritchard shared that he has visited a wind farm. He learned a great deal, and will share his information with anyone interested. Councilman Scroger has also toured wind farms and cautions that there is a great deal of misinformation regarding them.)

 

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

                        Councilman Gaesser                 Aye

                        Councilman Pritchard                Aye

                        Councilman Scroger                 Aye

                        Supervisor Vick                        Aye

Supervisor Vick declared the motion carried.

 

RECESS

Councilman Pritchard made a motion for recession to April 26, 2007 at 7:30 p.m.

Motion was seconded by Councilman Gaesser. All votes in favor.

Supervisor Vick declared the meeting recessed at 9:50 p.m.