TOWN OF KENDALL
KENDALL TOWN BOARD – REGULAR MEETING – June 14,
2007 – 7:30 p.m.
PUBLIC PRESENT:
Joyce Henry, Scott Hardenbrook,
Allen Lofthouse, Bev Lofthouse, Gert Hauck, Jerry Clement, Marilyn Clement, Steve Seaman, Mary Ellen
Seaman, Gary Smith, Ken DeRoller, Ken Rush, Clark Lindsay, Roger Klimek, Phil Caffery, Denis Kondakov
CALL TO ORDER
Supervisor Vick called the
meeting to order at 7:30 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
SUPERVISOR’S
REMARKS
Notice received from State Board of Real Property
Services that they have established a tentative 100 % equalization rate for our
municipality.
APPROVAL OF
MINUTES
Kendall Town Board Meeting – April 12, 2007
Kendall Town Board Meeting (recessed) – April 26,
2007
Kendall Town Board Meeting (recessed) – May 3, 2007
Councilman Pritchard moved the minutes be accepted
as presented. Motion seconded by Councilman Gaesser. All votes Aye; minutes
accepted.
REPORTS OF COMMITTEES, BOARDS AND DEPARTMENT HEADS
§
Standing
Committees
§
Public
Safety/Emergency Services & Occupational Safety - C. Scroger, Chair
Kendall may be eligible for a grant for security system upgrades
§
Highway
- C. Scroger, Chair
§
Buildings,
& Grounds – W. Vick, Chair – generator installation and tie-in will be
complete next Friday; parking lot needs some work; Town Hall carpeting needs
addressing
§
Planning,
Zoning & Agriculture - D. Schuth, Chair
§
Community
Relations – D. Schuth, Chair – thanks to all involved in Memorial Day
celebration; KFD carnival will be July 5,6 and 7
§
Human
Resources and Ethics - C. Scroger, Chair
§
Finance,
Taxes & Special Districts - W. Vick, Chair
§
Information
Services - D. Pritchard, Chair – Website progressing; computer crash, possibly
due to a virus; an inventory of software is in progress
§
Employee
Benefits - W. Vick, Chair
§
Culture
& Recreation – D. Pritchard, Chair
§
Boards
§
Planning
Board - R. Nelson, Chair – written report submitted
§
Zoning
Board - K. Banker
Department Heads
PUBLIC
PARTICIPATION
Mr. Jerry Clement, as a representative from Norway
Heights, gave a presentation relative to their road, and the possibility of dedication
of the road to the town. After discussion between the Board, Highway
Superintendent Kruger, and Mr. Clement, it was decided that if all legal
parameters are reached, and it proves feasible for the Town, dedication would
be an attractive possibility.
Roger Klimek, 16775 Lakeland Beach Road – thanked
the Board for addressing Eagle Creek Marina, and asked, as a new resident, what
the problems have been. Supervisor Vick responded that the problem has been
funding, but he is not comfortable discussing private finances of any resident.
No DEC complaints have been upheld. The Board wants this project completed and
wants it to do well. Decisions have to be made based on behalf of the taxpayers
of Kendall, as well as on behalf of the Marina Project.
Attorney Sansone added that the Board has acted
properly, and as an acting lending institution, has been prudent in assuring
that the residents of Kendall are protected.
Clark Lindley, Lakeland Beach Road – complimented
the Board on its actions; asked if there is a comprehensive plan for the
development of Kendall. Supervisor Vick said that, yes, there is, and it can be
viewed by contacting Bob Nelson, Chairman of the Planning Board.
PAYMENT OF
CLAIMS
General Fund Abstract 006 $ Vouchers 249-252,254-261,263,264,
266-268,270,271,293,296-312
Highway
Fund Abstract
006 $
Vouchers 253,257,264,273-295
Economic
Dev. Abstract 006 $
Voucher 265
Capital
Project Abstract
006 $ Vouchers 244-248, 269
Street
Lighting Abstract 006 $
Voucher 267
Water
Districts Abstract 006 $ Vouchers
265,272
Trust
and Agency Abstract 006 $
Voucher 262
A motion to approve the
payment of claims was made by Councilman Schuth, and seconded by Councilman Scroger.
The vote resulted in all Ayes; motion carried.
RESOLUTIONS
Councilman Gaesser moved the
following resolution be adopted:
RESOLUTION 85-607 AUTHORIZING BUDGET TRANSFER TO LAW
CONTRACTUAL EXPENSE
Whereas requirements for legal counsel and
work has increased beyond the budgeted funding provided, now, therefore…
It
is hereby resolved to authorize to provide a budget transfer in the amount of
$5500.00 from Contingency Account A1990.4 to Law Contractual Account A1420.4 to
provide for the additional expense necessary.
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 the
motion carried.
Councilman
Scroger moved the following resolution be adopted:
RESOLUTION 86-607
AUTHORIZING BUDGET TRANSFER FOR REGISTRAR CONTRACTUAL EXPENSE
Whereas contractual agreement was entered
into during fiscal year 2006 to provide for repair and rebinding of the
Marriage Record Book for the period 1965-1993, with microfilming of the same
documents and…
Whereas
no budget request was provided for this expense and…
Whereas
the work has been completed, shipped, and billed to the Town of Kendall, now,
therefore…
It
is hereby resolved to provide a budget transfer in the sum of $765.00 from
Contingency Account A1990.4 to Registrar Contractual Account A4020.4.
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 the
motion carried.
Councilman
Schuth moved the following resolution be adopted:
RESOLUTION 87-607 ACKNOWLEDGEMENT AND THANKS FOR TOWN CLEAN-UP
Whereas the members of the Kendall Lions
Club, Kendall Leos Club, Boy Scout Troop 94 and Cub Scout Pack 94 volunteered
to and accomplished a town-wide roadside clean-up project on the 5th
day of May, 2007, and…
Whereas
this project did improve the appearance of the Town, reduced the workload of
the Highway Department, and aided the community residents and local organizations,
therefore, now,…
Be
it resolved that the efforts of are hereby acknowledged and the Kendall Lions
Club, Kendall Leos Club, Boy Scout Troop 94 and Cub Scout Pack 94 are duly
noted and sincerely appreciated.
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 the
motion carried.
Councilman
Schuth moved the following resolution be adopted
RESOLUTION 88-607
KENDALL FIRE DEPARTMENT FIREWORKS DISPLAY PERMIT
Whereas
the Kendall Fire Department has submitted an application for a permit for
public display of fireworks to the Kendall Town Clerk and Town Board,
Be
it resolved that the Kendall Town Board authorizes the Kendall Town Clerk to
issue a Public Display of Fireworks Permit pursuant to 405.00(2) of the Penal
Law of the State of New York, to the Kendall Fire Department for Saturday, July
7 at 10:00 p.m.
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 the
motion carried.
Councilman
Gaesser moved the following resolution be adopted:
RESOLUTION 89-607 WAIVER OF OPEN CONTAINER LAW
Be
it resolved that the Town of Kendall Open Container Ordinance be waived during the duration of the Kendall
Firemen’s Carnival in 2007 as follows:
Thursday July 5 6:00 p.m. to midnight
Friday July 6 5:00
p.m. to 2:00 a.m.
Saturday July 7 12:00 noon to 2:00 a.m.
And,
further that this waiver shall cover an area ¼ mile South and East of the
intersection of Kenmor and Kendall Roads.
Such motion was seconded by
Councilman Scroger. After discussion of this year’s change in wording,
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.
Councilman Pritchard moved the following resolution be
adopted:
RESOLUTION 90-607 SUPPORT LEGISLATION TO AMEND THE GENERAL CONSTRUCTION LAW TO ALLOW LEGAL NOTICES TO BE PUBLISHED IN LOCAL, FREE PUBLICATIONS.
WHEREAS, current restrictions require public notices to be published in paid dailies and weeklies; and
WHEREAS, it has become increasingly difficult to purchase adequate citizen coverage under current restrictions regarding what can be designated as an official newspaper; and
WHEREAS, the cost of publishing in an official newspaper could become costly; and
WHEREAS, studies show the decline in local daily and weekly newspaper readership is accelerating; and
WHEREAS, studies also show an increase in circulation from 30 million in 1968 to 88 million in 2000 of free community papers; and
WHEREAS, the intent of pubic notice requirements is to increase the likelihood that citizens are well informed regarding local government actions, finances and plans; be it
RESOLVED, that the Town of Kendall of urges the Governor and the Legislature to amend the General Construction Law to allow papers which do not charge for the paper, but with an established and large circulation, to be considered newspapers, in certain instances, to permit towns and other local governments to place the legal notices in local publications which may reach a larger audience and/or be less expensive to publish.
Such 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 Aye
Supervisor
Vick Aye
Supervisor Vick declared the
motion carried.
Councilman Scroger moved the following
resolution be adopted:
RESOLUTION 91-607
SEQR FOR ESTABLISHING LOCAL LAW #2 OF 2007 REGULATING PLACEMENT AND
CONSTRUCTION OF MET TOWERS
It is hereby resolved that, in accordance
with the New York State Environmental Quality Review (SEQR) regulations, the
Town Board of the Town of Kendall announces its intent to serve as lead agency
to conduct an environmental review as it relates to the establishment of Local
Law #2 of the year 2007, which will govern the Special Permit Use Regulations
providing for General Requirements, Design Standards, Location, and
Decommissioning of Meteorological Towers within the Town of Kendall.
Be
it further resolved that the Town Board has determined that the proposed Local
Law is an “Unlisted Action”, as defined under SEQR, and…
Be
it further resolved that the Town Board, in its capacity as Lead Agency, has
prepared an environmental assessment of the significance of and potential
environmental impact of the above listed action and declares that it will not
result in any major impacts, and therefore will not cause damage to the
environment. A Negative Declaration under SEQR is therefore issued for this action,
and…
Be
it further resolved that this SEQR action and declaration is to be forwarded
along with this resolution to the Orleans County Planning Board for its review
of Local Law #2 and filed with the Town Clerk as is appropriate for the
official record of establishment of Local Law #2.
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 the
motion carried.
Councilman Gaesser moved the following
resolution be adopted:
RESOLUTION 92-607
ESTABLISHING CEMETERY POLICY AND PROCEDURES
It
is hereby resolved to accept the final draft of the “Town of Kendall Beechwood
and Greenwood Cemeteries Policies and Procedures Information, Rules and
Regulations” as revised June 2007, as attached and as submitted to the Town
Board, as the official policy and procedures for operation of Beechwood and
Greenwood Cemeteries, and further…
That
the Town Clerk Shall cause this policy to
be made part of the record and
the official Policies and Procedures Manual and implement these policies and
procedures as of this date. And further…
That
copies of this resolution and the policies and procedures shall be issued to
the Cemetery Custodians for their use and guidance, and that copies of these
policies and procedures are to be sent to those Funeral Directors who are
generally recognized as being utilized for interments as well as to additional
Funeral Directors as or when they become involved in interments.
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 the
motion carried.
Councilman Pritchard moved
that the following resolution be adopted:
RESOLUTION
93-607 AUTHORIZATION AND INSTRUCTION TO ATTORNEY SANSONE TO RESEARCH HIGHWAY
LAW FOR ALL REQUIREMENTS AND LEGAL DETERMINATIONS TO PROVIDE FOR TOWN BOARD
GUIDANCE ON DEDICATION OF PRIVATE ROADS TO THE TOWN OF KENDALL AND TO SUBMIT A
WRITTEN LEGAL OPINION ASSOCIATED THEREWITH
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 the
motion carried.
UNFINISHED
BUSINESS
Progress on Code Enforcement actions –
- Mr. Lempke’s property - The owner cannot be contacted. The Town is attempting
to obtain a judicial order to allow the Town to carry out the clean-up.
Attorney Sansone feels the decision is prudent and correct. Supervisor Vick has
concerns for security during any demolition and clean-up. Expenses and
liability need to be minimized.
- Mr. Sweirkos is working on asbestos abatement
- Mr. Capwell not complete, but site has been
secured
Replica cannon – Councilman Scroger will prepare a
resolution as to the disposition of this item for the July Kendall Town Board
meeting. Donation to a Veterans’ Memorial in Bath, New York is an option;
keeping it within Kendall is an option; selling it to recover a portion of the
money paid for it is an option.
Generator progress – will be completed by next
meeting
NEW BUSINESS
- Dissolution of Joint Hamlin-Kendall Water District
– meeting held; Town of Kendall chose not to vote without additional information
being provided, and questions answered. Supervisor Vick asked each Board Member,
within one week, to list the items he wants to see.
Councilman Pritchard moved that the meeting be
removed to Executive Session to discuss personnel issues, and potential
litigation discussion, seconded by Councilman Gaesser. All votes in favor;
moved to executive session at 10:30 p.m.
Returned to Public Meeting at 11:06.
ADJOURNMENT
There
being no further business, Councilman Scroger made motion for adjournment, seconded
by Councilman Schuth. All votes in favor. Supervisor Vick declared adjournment
at 11:07 p.m.
Scheduled Meetings:
Regular Town Board Meeting: July 12, 2007 at 7:30 P.M.
Worksession: June 28, 2007 at 7:30 p.m.