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.