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.
-
Buildings, & Grounds –
W. Vick, Chair
-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
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
-
The
-
The
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
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,
Asked Councilman Scroger if the listing for the sale on
e-bay of the replica cannon was published to the people of
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
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
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
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
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
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.
2.
3.
4.
5.
6.
7.
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
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.