August 15, 2008
"I fight every day, but who said a fight has to be tongue and feet? You fight by showing you can overcome."
--Mookie Wilson, Former professional baseball player
Board Letter
| 1. Summer Programs: All the summer programs have come to an end as of today (August 15). We had a large number of participants in the various programs. Overall, the programs went well. We start New Staff Training on Monday for most of next week, and then there is just one week off before the new year begins. The days of “summer vacation” that we recall from our youth are long gone.
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| 2. Building Readiness: The buildings are coming along in fine shape. We are in the final cleaning and waxing stages. The parking lots at the high school are being sealed and striped this weekend, weather permitting (but the forecast is good). New door units were installed on the inside (north & south) of A wing entranceways to create the air lock entrance. The smart boards arrived this week and installation has begun. They expect all installations will be complete prior to the start of school. The entire maintenance staff has done a great job and Mr. Miller has been extremely pleased with the performance of his entire crew this summer.
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| 3.
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| Opening Day: The welcome back letter has been sent. I have attached it for you to see. You are all welcome to attend the morning session and join me in welcoming back staff. |
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| 4.
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| Jill’s Surgery: As you know, I will be gone to Florida next week for Jill’s heart surgery. The actual operation will be Tuesday at the University of Florida. I’ll have Lori let you know how things turn out (I am confident it will be fine). I will have my computer with me so that I will be able to access my emails etc. Greg and Kim will look after things while I am gone so if you need anything you can work directly with them. I am not sure if I’ll be sending you a newsletter next Friday. If I don’t I know you will understand. |
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| Fall Sports: The fall sports season begins on Monday. If you have a chance to drive by in the morning, take a look. It is a great sight to see all those athletes together out on the fields. Even these many years out of coaching the sight still makes me feel as if I should put on my cleats and kick the soccer ball around. Modified (middle school) sports will begin a little later. We will all want to get out to at least one of our first ever Lacrosse matches. Thanks to your support we begin both a girl’s and a boy’s modified team this season.
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| a)
| Welcome Back Letter
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| b)
| Board Workshops Memo - updated
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| c)
| Ontario Town Board Meeting Minutes – 8/11
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| d)
| Walworth Town Board Meeting Minutes – 7/17
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| e)
| Ontario Town Board Meeting Minutes - 7/28
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LO
Dear Staff,
I hope you have had a pleasant summer. I believe it has been one of the wettest on record. This is the first year I can remember having a lush lawn in August. Usually it is brown by this time with the only specks of green being the weeds. Last evening I noticed that the leaves in one of our maple trees had started to turn red. My wife Wendy insisted I had to be mistaken because summer had barely begun, but the color was there alright.
It has been a busy summer here. We have had 588 elementary, middle and high school students taking courses and 280 students in athletic camps. In addition to the staff needed to teach the classes and run the camps we also had 225 teachers writing curriculum and/or taking professional development classes. It has been an active summer.
Our opening day program will be Tuesday, September 2nd. There will be coffee and bagels in the high school cafeteria beginning at 7:15 a.m. This is a great time to get caught up on each other’s summer adventures. We will begin our day in the Performing Arts Center at 8:00 and expect to end by 10:30. I have listed the complete agenda for you below.
| 7:15
| Refreshments | High School Cafeteria |
| 8:00
| Welcome Back | Performing Arts Center |
| 10:30
| Building Meetings | TBA |
| 12:00
| Lunch | On Own |
| 1:00
| Room Work | |
Enjoy the next few weeks of summer. I look forward to seeing you on the 2nd.
Sincerely,
Michael Havens
Michael Havens
Wayne Central School District
Office of the Superintendent of Schools
Memorandum
TO: Board of Education
FROM: Lori Eaton-Smith
RE: Workshops & Conferences
DATE: August 13, 2008
August 22 NYSSBA New School Board Member Academy @
9:00 – 4:00 Rochester Marriott – Ridge Rd. West
August 23 NYSSBA Fiscal Oversight Fundamentals for School Board
8:30 – 4:00 Members@ Rochester Marriott
September 5-7 NYSSBA Summer Institute @ Desmond Hotel, Albany
September 25 MCSBA-MCBASLC School Law Conference @ Holiday Inn Airport
8:00 – 12:30 (Rochester)
October 16 NYSSBA School Law Conference @ Sheraton NY Towers-New York City
9:30 – 4:00
October 16-19 NYSSBA Annual Convention @ Sheraton NY Towers- New York City
November 1 MCSBA-MCASBO Seminar on The Fiscal Responsibilities of School Boards
7:30 – 3:15 @ Holiday Inn Airport
November 7 NYSSBA Policy Workshop “From Policy to Practice: Improving the Health
Of Our Students”
November 15 NYSSBA Fiscal Oversight Fundamentals for School Board
8:30 – 4:00 Members @ Woodcliff
AUGUST 11, 2008
ONTARIO TOWN BOARD MEETING
A regular meeting of the Ontario Town Board was called to order by Supervisor Kelsch at 7:00 PM in the Ontario Town Hall. Present were Supervisor Robert Kelsch, Council members: Lori Eaton-Smith, James Switzer and Stephen Tobin, Superintendent of Water Utilities Robert Wykle, Superintendent of Highways Jerry Santangelo, Building Inspector/Code Enforcement Officer Edward Collins, Director of Recreation & Parks William Riddell, Accounting Supervisor Lois Buckalew, Sole Assessor Christine Luteyn, Librarian Assistant Director Nancy Obaid, Associate Attorney for the Town Amy Reichhart and Town Clerk Debra DeMinck.
Absent: Councilmember Jason Ruffell and Dog Control Officer Mark Plyter
6 residents and visitors were present at portions of the meeting.
Mrs. Smith led the Pledge of Allegiance.
Approval of the Agenda – A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the agenda with the following revisions: under new business move #5 under policy, add #6 – authorize supervisor enter into agreement with Day Environmental to conduct Phase I Environmental Study for Kenyon Road property for an amount not to exceed $1,550.00, under #2 & #3 change “approve” to “accept” the quotes. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Comments from the Public – None
Approval of Minutes - Mr. Kelsch asked for approval of the minutes of the July 28, 2008, Town Board meeting. A motion was made by Mr. Tobin, seconded by Mr. Switzer, to approve the minutes as presented.
4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Correspondence – A motion was made by Mr. Switzer, seconded by Mr. Tobin, to accept and file the following correspondence: Western Finger Lakes Solid Waste Management Authority is holding a Household Hazardous Waste Collection on Saturday, September 20, 2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Attorney for the Town Report – The DeFranco court action has been stayed. Ginna has filed a tax certiorari case. Received the preliminary appraisal for DKR from John Rynne.
Department Head Reports -
Superintendent of Water Utilities – A motion was made by Mr. Switzer, seconded by Mr. Tobin, to accept the July 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Superintendent of Highways – A motion was made by Mr. Kelsch, seconded by Mr. Tobin, to accept the July 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Building Inspector/Code Enforcement Officer – A motion was made by Mr. Kelsch, seconded by Mr. Switzer, to accept the July 2008 report as presented. 4Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Director of Recreation & Parks – A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the July 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Sole Assessor – A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the July 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Ontario Public Library - A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the July 2008 Library report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Ontario Town Court – A motion was made by Mr. Tobin, seconded by Mrs. Smith, to receive the July 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Dog Control Officer – A motion was made by Mrs. Smith, seconded by Mr. Switzer, to accept the July 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Economic Development Department - A motion was made by Mr. Kelsch, seconded by Mr. Switzer
to accept the July 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
New Business – A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the lowest responsible bid from Facilities Equipment and Services Inc., 11 State Street Suite 201, Pittsford, NY, for the hanging basketball goals for the Community Center gymnasium, at a cost not to exceed $18,750.00 as recommended by the Director of Parks and Recreation in memo #PR33-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
A motion was made by Mrs. Smith, seconded by Mr. Tobin, to authorize the Director of Parks and Recreation to seek bids for the following material/services for the Ontario Community Center project: Boards for Turf Arena, Floor for Main Building, Lights for Entire Complex and Concrete Mason for Turf Arena and Gymnasium Floor and to authorize and direct the Town Clerk to post and publish the legal notices to bidders, as recommended by the Director of Parks and Recreation in memo #PR35-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
A motion was made by Mrs. Smith, seconded by Mr. Switzer, to accept the lowest responsible quote from Phunzone, 136 Walker St., Atlanta, GA, for the Indoor Playground at the Community Center, at a cost not to exceed $7,215.00, as recommended by the Director of Parks and Recreation in memo #PR36-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
A motion was made by Mrs. Smith, seconded by Mr. Tobin, to authorize the Supervisor to enter into an agreement with Healthways Health Support, LLC. to operate the Silver Sneakers Program for seniors, subject to removal of confidentiality clause, as recommended by the Director of Parks and Recreation in memo PR37-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
A motion was made by Mrs. Smith, seconded by Mr. Tobin, to authorize the Sole Assessor, Chris Luteyn, to attend the NYSAA Seminar on Assessment Administration to be held in Kerhonkson, NY on September 21-24, 2008, with all necessary and actual expenses to be a town charge as requested in a memo from the Assessor. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
A motion was made by Mr. Switzer, seconded by Mr. Tobin, to authorize the Supervisor to enter into an agreement with Day Environmental, Inc. to conduct a Phase I Environmental Site Assessment for the Kenyon Road property, with a cost not to exceed $1,550. This motion amends the motion of July 28, 2008 with Kenneth Aplin, PhD. 4 Aye 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Budget Transfers/Adjustments - A motion was made by Mr. Switzer, seconded by Mr. Kelsch, to approve the following budget adjustments:
WATERSHED FUND increase SD-8540.4 (Drainage) $30,000 from T-38 (Developers Fees)
SEWER SS increase 960/expense SS-8120.4 $26,000.00 from 599/Appropriated Fund Balance 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Policy Items – A motion was made by Mr. Switzer, seconded by Mr. Kelsch, to approve an amendment to the fee schedule to charge $5.00 for a purebred license, to be consistent with other town fees we collect and to increase the dog tag fee from $2.00 to $3.00 to be consistent with state fees as requested by the Town Clerk in a memo. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Appointments/Resignations –A motion was made by Mr. Switzer, seconded by Mr. Tobin, to accept the resignation of Ronald Kreiling from the Zoning Board of Appeals, effective August 11, 2008, and to authorize the Town Clerk to post and advertise the vacancy. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Reports by Town Board Members – Mr. Switzer extended condolences to the family of Elinor Cuvelier, co-founder of the Pines of Peace and a former member of the Library Board of Trustees. He also expressed condolences to Jim Schultz and his family on the death of his daughter. Mr. Schultz is a retired Deputy Superintendent of Highways. Mr. Switzer would also like to pursue microphones for the Town Hall board room.
Mrs. Joan Stark stated she was also in favor of microphones.
Comments from the Public – Mr. Chuck Neumann thanked the board for their quick action on moving ahead to fill the Zoning Board of Appeals vacancy. He also suggested exploring alternates for the Planning and Zoning Boards.
Approval of Claims - A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the abstract of claims for August 11, 2008, including vouchers #1902 through #2028 with a grand total of $259,212.27 and to authorize the Supervisor to issue payments for same. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Adjourn - A motion was made by Mr. Switzer, seconded by Mr. Tobin, to adjourn at 8:02 PM 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED
Respectfully submitted,
Debra DeMinck
Ontario Town Clerk
The above minutes will become official upon approval of the town board.
| WALWORTH TOWN BOARD – REGULAR MEETING
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| Presiding Supervisor Plant called the regularly scheduled Town Board meeting, held at the Walworth Town Hall, 3600 Lorraine Drive, to order at 7:30 PM.
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| Present:
| Thomas Yale Councilman |
| Frank Maciuska Councilman
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| Patricia Marini Councilwoman
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| Suzi Hawkins-Mance
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| Councilwoman | |
| Linda Kleeman
| Deputy Town Clerk |
| Mike Frederes
| Highway Superintendent |
| Rob Burns
| Sewer Superintendent |
| Jacqueline Van Lare Recreation Director
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| Karen Ambroz Assessor
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| Ed Parrone Engineer for the Town
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MINUTES:
Motion by Councilwoman Hawkins-Mance to approve the minutes of July 3, 2008, as presented.
Seconded by Councilman Maciuska
Adopted: Vote Ayes 5 Nays 0
CORRESPONDENCE:
Linda Kleeman, Deputy Town Clerk had nothing to enter into record.
SUPERVISOR’S REPORT:
Motion by Councilwoman Marini to approve and file the Supervisor’s Monthly Report for June, 2008, as presented.
Seconded by Councilman Maciuska.
Adopted: Vote Ayes 5 Nays 0
PUBLIC PARTICIPATION:
EAGLE SCOUT PROJECT – NICHOLAS MARINI
Councilwoman Marini recused from the following presentation:
Nicholas Marini, Life Scout from Boy Scout Troop 113, presented his Eagle Scout Project. He proposes to construct a 20’ x 20’ open air picnic shelter to be placed next to the small playground equipment that was installed in the park June 2007. The scout will coordinate scouts, leaders, friends and family to construct this shelter by August 19, 2008. DJM Equipment would donate the use of a bobcat and age appropriate operator, a bucket and two augers, as well as the transportation to get the machinery to the park, an approximate value of $450.00. Dolomite agreed to donate up to nine tons of stone for the base underneath and around the open air picnic shelter. The Highway Department had agreed to pick up the stone and bring it to the park. The Town of Walworth would provide the metal roofing which was left over from the construction of the park shed. The total out-of-pocket cost would be approximately $994.18 with donations received in the amount of $500.00; the total cost to the Town would be approximately $494.18. Norm Druschel, Building Inspector reviewed the construction specifications of a larger building which the scout scaled down and used as his outline. Ed Parrone, Engineer for the Town would review the specifications as well. Discussion ensued regarding this ambitious project, the need for this shelter and an expense line for other Eagle Scout projects.
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| WALWORTH TOWN BOARD – REGULAR MEETING CONTINUED
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Motion by Councilwoman Hawkins-Mance to accept and file the Eagle Scout project.
Seconded by Councilman Yale.
| Roll call vote:
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| Councilman Maciuska Aye |
| Councilwoman Marini Recuse
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Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Motion carried.
Motion by Councilman Yale to authorize fund transfers from fund balance CM1 account Park Special Revenue Fund in the amount of $400.00 and Eagle Scout line A8560.42 in the amount of $100.00 to start expense line CM1-7110.22 Eagle Scout Park Improvement.
Seconded by Councilman Maciuska.
| Roll call vote:
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| Councilman Maciuska Aye |
| Councilwoman Marini Recuse
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Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Motion carried.
COUNCILWOMAN MARINI RETURNED TO THE PODIUM.
WALWORTH SUMMER DAY CAMP PROGRAM
Amy Phillips, Camp Director for the Walworth Summer Day Camp Program reported on the “Exploring the Arts” program through activities such as arts, drama, sculpture and watercolor. Council members were presented with an art sculpture made by the students, as a token of appreciation.
Motion by Councilman Maciuska to accept the art sculpture donation.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
WOWEE – WORLD OF WILDLIFE EDUCATIONAL ENCOUNTERS
Karin Fires, Executive Director for WOWEE, a non-profit organization with outreach programs for schools, scouts and other venues, explained that they were hoping to get a Bingo law passed in the Town of Walworth. Councilman Maciuska informed that the Town of Walworth would be having someone from the New York State Racing and Wagering come and talk to the Council members regarding Bingo rules. He further explained that when the Council members read some of the information that came out, it put the Town in a very intrusive position, as to what the Town requirements were for monitoring the organizations that had the Bingo (looking at the books and doing annual inspections). The Town had some concerns and would like to find out more information before passing a law. Karin commented that she and the Finance Manager of WOWEE would be willing to subject themselves to the rules imposed. Supervisor Plant stated that after information is gathered the Town would still have time, if they so chose, to put it out for a referendum at the General Election in November 2008. Discussion ensued.
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RESOLUTION 55-08 – AUDIT OF CLAIMS:
Councilwoman Hawkins-Mance offered the following Resolution 55-08 and moved its adoption. Seconded by Councilwoman Marini to wit:
WHEREAS, the following claims submitted at the scheduled Town Board Meeting of July 17, 2008 have been audited and approved by the appropriate Council Members.
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| WALWORTH TOWN BOARD – REGULAR MEETING CONTINUED
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BE IT RESOLVED that the claims be paid on Abstract #7, numbered 904 through 1060 in the following amounts:
GENERAL FUND
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$ 40,580.71
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HIGHWAY FUND
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$ 61,354.16
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WALWORTH SEWER DISTRICT #1
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$ 221,518.83
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BROOKSIDE LIGHT DISTRICT
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$ 9.82
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GANANDA LIGHT DISTRICT
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$ 884.43
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HARVEST HILL LIGHT DISTRICT
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$ 630.40
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ORCHARD VIEW LIGHT DISTRICT
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$ 91.12
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WALWORTH LIGHT DISTRICT
GANANDA SIDEWALK DISTRICT
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$ 533.28
$ 71.92
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WALWORTH CONSOLIDATED DRAINAGE
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$ 4,760.26
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PARK SPECIAL REVENUE FUND
WEST WALWORTH FIRE PROTECTION
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$ 476.97
$ 14,500.00
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BE IT FURTHER RESOLVED that the claims be paid on Abstract #7 numbered 102 through 123 in the following amounts:
| TRUST & AGENCY
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$ 26,718.26
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NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of Walworth adopt resolution 55-08.
Adopted this 17th day of July, 2008, at the meeting of the Town Council.
Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Supervisor Plant Aye
Resolution carried.
DEPARTMENT HEAD REPORTS:
HIGHWAY DEPARTMENT – TOWN HIGHWAY CONFERENCE
Motion by Councilman Yale authorizing Mike Frederes, Highway Superintendent to attend the 79th Town Highway Conference and Expo held in Buffalo, New York on September 23 – 26, 2008 for a cost of $93.00 for registration and $411.00 for room and board to be expended from line A5010.41.
Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 5 Nays 0
HIGHWAY DEPARTMENT – SALT INCREASE
Mike Frederes, Highway Superintendent advised Council members that the price of salt will go up 50% for next year.
SEWER DEPARMENT –
Nothing reported at this time.
RECREATION DEPARTMENT – HILL CUMORAH YOUTH CAST VOLUNTEERS
Jacqueline VanLare, Recreation Director, thanked Hill Cumorah cast volunteers for their time and outstanding service to the Town of Walworth. They created a perennial flower bed (located where the outhouse was), scraped/painted the bridge in Ginegaw Park, painted swing sets on the playground and pulled weeds around the Town Complex. Discussion ensued regarding what had been provided for refreshments and what may be provided for next year. Councilman Maciuska suggested that a thank you letter be sent. Jacqueline Van Lare confirmed.
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WALWORTH TOWN BOARD – REGULAR MEETING CONTINUED
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17 JULY 2008
RECREATION – SUMMER DAY CAMP
Jacqueline Van Lare, Recreation Director, reported that the first week of Summer Day Camp was excellent, the kids enjoyed themselves and the parents were pleased.
ASSESSOR –
Nothing reported at this time.
ENGINEER FOR THE TOWN –
Ed Parrone, Engineer for the Town reported that the Town should be hearing very soon regarding the grant application relative to the Gananda Senior Housing Project, which also, hopefully, would be a positive thing for the sewers.
ENGINEER FOR THE TOWN – MS4 MAP UPDATING
Ed Parrone, Engineer for the Town stated that the Town needed to do some map updating for the MS4 and need to look at the outfalls and conditions. Mr. Parrone stated that this might be an opportunity to get one of the scout troops to possibly be involved, perhaps taking pictures as a project for them. Councilwoman Hawkins-Mance asked if this needed to be updated every year. Mr. Parrone replied “yes.”
TOWN CLERK –
Nothing reported at this time.
COMMITTEE REPORTS:
LIBRARY COMMITTEE – DAY CAMP
Councilman Maciuska advised Council members that the Day Camp was tied in with the library and that there were some activities that the library is participating in at Day Camp.
LIBRARY COMMITTEE – LIBRARY BLOG
Councilman Maciuska reported that the library now had a blog. It is The Gateway Online, walworthseely.blogspot.com. This is a place where you can go and talk about Town topics.
LIBRARY COMMITTEE – LETTER OF APPRECIATION
Councilman Maciuska reported that the Walworth Seely Friends President, Jane Cala was retiring. Councilman Maciuska asked that a letter of appreciation be sent from the Town Board thanking her for her service to the community.
SEWER COMMITTEE – SEWER ENGINEER INTERVIEWING
Councilman Maciuska reported that there was a miscommunication regarding the scheduling of the interviewing for the Sewer Engineer. He will contact Barbara Kuelling and arrange the scheduling.
PERSONNEL COMMITTEE – HEALTH CARE COSTS
Councilwoman Marini stated that she had given Town Board members a copy of the proposals for the health care costs that she would like to discuss in Executive Session to give an idea of the possibilities.
ANIMAL CONTROL – PER DIEM ANIMAL CONTROL OFFICER APPOINTMENT
Motion by Councilwoman Hawkins-Mance to recommend that Stephanie Sixbey be appointed as the per diem Animal Control Officer at the rate of $25.00 per call plus mileage for each call she goes on for a term to expire December 31, 2008.
Seconded by Councilwoman Marini.
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WALWORTH TOWN BOARD – REGULAR MEETING CONTINED
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17 JULY 2008
Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Supervisor Plant Aye
Motion carried.
RESOLUTION 54-08 TO WITHDRAW FUNDS FROM THE SEWER REPAIR RESERVE FUND OR FACILITY/BUILDING REPAIRS LINE SS8130.27R FOR THE PURPOSE OF ROOF REPLACEMENT AT THE WASTE WATER TREATMENT PLANT FACILITY SUBJECT TO PERMISSIVE REFERENDUM FOR THE TOWN OF WALWORTH:
Councilman Maciuska offered the following Resolution 54-08 and moved its adoption. Seconded by Councilwoman Marini to wit:
WHEREAS, the Town Council of the Town of Walworth authorized the acceptance of the lowest bid and contracted for the roof replacement at the Walworth Waste Water Treatment Plant at a “Sit with the Supervisor” session on May 3, 2008; and
WHEREAS, the Town Council of the Town of Walworth proposes Resolution 54-08 subject to a permissive referendum; and
WHEREAS, the purpose and effect of which is to withdraw funds from the Sewer Repair Reserve Fund for Facility/Building repairs line SS8130.27R for the purpose of roof replacement at the Waste Water Treatment Plant Facility; and
WHEREAS, for an amount not to exceed twenty-four thousand nine hundred twenty dollars ($24,920.00);
THEREFORE, BE IT RESOLVED that the Town Council of the Town of Walworth directs the Clerk of the Board to advertise such in the legal newspaper for the Town of Walworth; and
BE IT FURTHER RESOLVED, that the Town Council of the Town of Walworth adopt Resolution 54-08.
Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Supervisor Plant Aye
Resolution carried.
RESOLUTION 57-08 TRI-PARTY SECURITY AND CUSTODIAL AGREEMENT WITH M&T BANK:
Councilwoman Hawkins-Mance offered the following Resolution 57-08 and moved its adoption. Seconded by Councilman Yale to wit:
WHEREAS, the Town Council of the Town of Walworth desires to maintain or continue to maintain public deposit with the Bank; and
WHEREAS, the Bank desires to obtain such deposits and to provide security therefore as required by the General Municipal Law, Bank Law and other Applicable statutes; and
WHEREAS, the Custodian agrees to provide safekeeping services and to hold any securities pledged by the Bank in a custodial account established for the benefit of the Local Government as secured party pursuant to this Agreement;
THEREFORE, BE IT RESOLVED that “EXHIBIT B” Schedule of Eligible Collateral, Margin (iii) be omitted from the Agreement, and
BE IT FURTHER, RESOLVED that the Town Council of the Town of Walworth directs the Supervisor for the Town, Robert Plant to sign the Agreement; and
BE IT FURTHER RESOLVED, that the Town Council of the Town of Walworth adopt Resolution 57-08.
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WALWORTH TOWN BOARD – REGULAR MEETING CONTINED
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17 JULY 2008
Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Supervisor Plant Aye
Resolution carried.
Motion by Councilwoman Marini authorizing the use of eligible surety bonds.
Seconded by Councilwoman Hawkins-Mance.
Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Supervisor Plant Aye
Motion carried.
TOWN INVESTMENT POLICY:
Supervisor Plant stated that the Town was updating the Town Investment Policy and hopes to have it completed for the next Town Board meeting.
LABELLA ASSOCIATES – ENGINEER OF RECORD FOR THE TOWN OF WALWORTH PHEASANT RUN SUBDIVISION:
Motion by Councilwoman Marini to appoint Labella Associates as Engineer of record for the Town for the Pheasant Run Subdivision.
Seconded by Councilman Yale.
Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Supervisor Plant Aye
Motion carried.
LETTER OF SUPPORT DOLOMITE GROUPS:
July 16, 2008
“History and intent:
Oldcastle Materials (The Dolomite Groups) have been a certified member of the Wildlife Habitat Council since 2004 and is committed to improving wildlife habitat through the enrichment of pre-existing habitat and the establishment of new habitat on the The Dolomite Groups Canandaigua Road Property. In the fall of 2007 Oldcastle Materials (The Dolomite Groups) invited and met with a WH C biologist and visited the Canandaigua Road Property on November 29, 2007 for the purpose of exploring the land and developing and presenting functional enhancement recommendations that augment food, water, cover and space resources to be used in habitat enhancement for the Canandaigua Road Property.
Request of Town Participation:
Personnel from Oldcastle Materials (The Dolomite Groups) have approached the Town of Walworth in an effort to ascertain if there would be any interest by The Town of Walworth in some type of corroboration in the development of the Canandaigua Road Property and possible interest in helping to promote volunteer and recreational programs (yet to be determined) that might be designed to help maintain and use the habitat for wildlife educational purposes which support environmental and wildlife management programs for this and future generations to enjoy.
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WALWORTH TOWN BOARD – REGULAR MEETING CONTINED
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17 JULY 2008
Proclamation:
The Town of Walworth has determined support by the Town of Walworth of this endeavor to develop the Canandaigua Road Property by “The Dolomite Groups” for the purpose of improving through enrichment of pre-existing and establishing new wildlife habitat designed to raise environmental awareness is one that will benefit all persons living in the Town of Walworth and surrounding communities. Therefore it is the intent of the Town of Walworth to support in a non-financial way the Dolomite Groups efforts with this project by helping with volunteer efforts and coordination with the Parks and Recreational Department of the Town of Walworth a cooperative effort to develop recreational and educational programs which encourage active and continuing participation in this important role in species conservation to be enjoyed now and by future generations.
Sincerely,
Robert Plant, Supervisor”
Motion by Councilman Maciuska authorizing the Supervisor to sign the letter of support for Dolomite Park.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
JUSTICE COURT TRANSLATOR PREPAY:
Motion by Councilwoman Hawkins-Mance approving pre-pay in the amount of $105.00 for the Justice Court language translator. This prepayment facilitates reimbursement from Wayne County.
Seconded by Councilman Yale.
Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Supervisor Plant Aye
Motion carried.
CONTRACT AUTHORIZTION - WILBERT CONSERVATION EASEMENT
Motion by Councilwoman Marini authorizing the Supervisor to enter into a contract for the Wilbert Conservation Easement.
Seconded by Councilwoman Hawkins-Mance.
Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Supervisor Plant Aye
Motion carried.
FINANCIAL TRANSACTIONS:
Councilwoman Marini offered the following Resolution 56-08 and moved its adoption. Seconded by Councilwoman Hawkins-Mance to wit:
BE IT RESOLVED that the Senior Account Clerk be authorized to modify budget as follows:
$90.00 from A1110.48 Justice Interpreter to A1110.22 Justice Equipment
To cover current expenses.
$500.00 from General Fund Balance to A6989.41 Farm Land Preservation Grant.
To cover current costs.
$5,000.00 from Walworth Consolidated Drainage Fund Balance to SD1-8540.41
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WALWORTH TOWN BOARD – REGULAR MEETING CONTINED
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17 JULY 2008
Maintenance of Drainage. To cover current costs.
$700.00 from W. Walworth Fire Protection Fund Balance to SF2-3410.42 Service
Award. To cover 2008 Contribution.
13,824.32 from Sewer Fund Balance to SS8130.27R Building Repairs. To cover
cost of Diffuser Sleeves . To be reimbursed from Repair Reserve.
$500.00 from Sewer Fund Balance to SS8130.403 Lab Supplies. To cover
current costs. Funds to cover transfer credited to SS2650 Sale of Scrap.
Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
Councilwoman Hawkins-Mance Aye
Councilman Yale Aye
Supervisor Plant Aye
Resolution carried.
EXECUTIVE SESSION:
Motion by Councilwoman Marini to enter into executive session to discuss the employment history of a particular person or corporation or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation.
Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 5 Nays 0
Time: 8:12 PM.
RECONVENE:
Supervisor Plant reconvened the regularly scheduled Town Board meeting.
Motion by Councilman Maciuska to direct the first Deputy Town Clerk to accept the letter from the Planning Board, date it with today’s date so the Town can pass it on due to time being of the essence for the Planning Board to get that letter.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
ADJOURNMENT:
Motion by Councilman Yale to adjourn. Seconded by Councilwoman Hawkins-Mance and unanimously carried.
Time: 8:42 PM.
Respectfully Submitted,
Linda Kleeman
Deputy Clerk
JULY 28, 2008
ONTARIO TOWN BOARD MEETING
A regular meeting of the Ontario Town Board was called to order by Supervisor Robert Kelsch at 7:00 PM in the Ontario Town Hall. Present were Supervisor Robert Kelsch, Council members: Jason Ruffell, Lori Eaton-Smith, James Switzer, Stephen Tobin, Superintendent of Highways Jerry Santangelo, Building Inspector/Code Enforcement Officer Edward Collins, Director of Parks and Recreation William Riddell, Attorney for the Town Alan Knauf and Town Clerk Debra DeMinck.
16 residents and visitors were present at portions of the meeting.
Mr. Switzer led the Pledge of Allegiance.
Revisions to the Agenda - A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the agenda with the following revisions: item #11 – change wording from “approve” to ‘appoint” and add item #13 – accept lowest bid for heating and cooling system necessary for the main building of the Community Center.
5 Ayes 0 Nays MOTION CARRIED
Comments from the Public – None
Approval of Minutes – Mr. Kelsch asked for approval of the minutes of the July 14, 2008 Town Board meeting. A motion was made by Mr. Ruffell, seconded by Mr. Switzer, to approve the minutes as presented. 5 Ayes 0 Nays MOTION CARRIED
Correspondence – The Town Clerk received the following correspondence:
Received notification from the NYS Office of Real Property Tax Services that the annual distribution of STAR Administrative Aid for the Town of Ontario for the year 2008 will be $2,320.26.
Received notification that Wayne Central School District has appointed Mrs. Helen Jensen as the school tax collector for the 2008-2009 school year.
General Code Publishers Inc. estimates the cost to codify Local Laws #2 and #3 of 2008 will be between $1,285 to $1,445, plus 2% for shipping and handling.
A motion was made by Mr. Switzer, seconded by Mr. Tobin, to accept and file the correspondence.
5 Ayes 0 Nays MOTION CARRIED
Attorney for the Town Report – Mr. Knauf reported he received the landfill report filed with the DEC. He noted pending litigation over a zoning matter and a tax assessment challenge from DKR (Ames Plaza).
New Business – A motion was made by Mr. Switzer, seconded by Mr. Tobin, to adopt a
RESOLUTION ACCEPTING SETTLEMENT
WHEREAS, the Frontier Chemical Site at Royal Avenue and 47th Street in Niagara Falls, New York (the Site) is listed on the New York State Registry of Inactive Hazardous Waste Disposal Sites as Site No. 932110: and
WHEREAS, the New York State Department of Environmental Conservation (“NYSDEC”) has issued a Record of Decision and has demanded that potentially responsible parties (“PRPs”) undertake investigation and remediation of the Site at a cost estimated at about $14 million; and
WHEREAS, the Frontier Chemical Site PRP Group (the “PRP Group”) has agreed to undertake investigation and remediation of the Site under direction of NYSDEC; and
WHEREAS, the Town of Ontario (the “Town”) allegedly shipped 97 gallons of hazardous waste to the Site; and
WHEREAS, the PRP Group potentially has a contribution claim against the Town under §113 of the Comprehensive Environmental Response Compensation and Liability Act; and
WHEREAS, the PRP Group has offered to enter into a settlement (the “Settlement”), as set forth in a Settlement Agreement and Liability Release, by which it would release its contribution claims against the Town in return for $2,000, and request that NYSDEC offer similar protection to the Town; and
WHEREAS, defense of such a contribution claim would cost far in excess of $2,000, and could expose the Town to much more substantial liability;
NOW THEREFORE, IT IS RESOLVED, that the Town accepts the proposed Settlement; and
IT IS FURTHER RESOLVED, that the Town Supervisor is authorized to execute the Settlement Agreement and Liability Release with the PRP Group, and any other documents necessary to effectuate the Settlement; and it is
FURTHER RESOLVED that, payment of the $2,000 Settlement amount is approved. 5 Ayes 0 Nays RESOLUTION ADOPTED
A motion was made by Mr. Ruffell, seconded by Mr. Tobin, to authorize the Town Clerk to post and publish a Legal Notice of Public Hearing to be held on August 25, 2008 at 7:00 p.m. at the Ontario Town Hall, 1850 Ridge Road, Ontario, on proposed Land Development Regulations and Public Works Requirements. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Switzer, seconded by Mrs. Smith, to approve the quotation received from Badger Meter, Inc for the purchase of Orion System Water Meters, at a cost not to exceed $28,785.00, as requested by the Superintendent of Water Utilities in memo #33-2008. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Tobin, seconded by Mrs. Smith, to authorize Justice Sucher and Court Clerks Dawn Yantch and Nancy Luke to attend the NYS Magistrates Association Annual Conference to be held in Niagara Falls on September 21-24, 2008, with all actual and necessary expenses to be a town charge as requested in a memo from the Justice Court. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Tobin, seconded by Mrs. Smith, to adopt a
RESOLUTION AUTHORIZING GRANT APPLICATION
RESOLVED, that Reginald P. Higgins II and Paul E. Sucher, Town Justices of the Town of Ontario, are
HEREBY authorized and directed to file an application for funds from the New York Justice Court Assistance Program L. 1999, c280, in an amount not to exceed $30,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Ontario Justice Court, and
BE IT FURTHER RESOLVED that the Town Supervisor is hereby authorized to execute and sign said application. 5 Ayes 0 Nays RESOLUTION ADOPTED
A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to adopt the new IRS mileage reimbursement rate of $.585 effective August 1, 2008. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Tobin, seconded by Mrs. Smith, to accept the lowest responsible quote from Lang Heating and Cooling, Inc., 105 Commercial St., Webster, NY, for 2 air conditioning units for the Town of Ontario court room for an amount not to exceed $7,775.00 as recommended by the Building Inspector/Code Enforcement Office in a memo. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to accept the Supervisor’s fiscal report for the month of June 2008 as presented. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to adopt a
RESOLUTION TO SPEND HIGHWAY EQUIPMENT
CAPITAL RESERVE FUND MONEY
WHEREAS, pursuant to §6-c of the General Municipal Law, the Town Board of the Town of Ontario (the “Town”) established a Town Highway Equipment Capital Reserve Fund (“Fund”) to finance the cost of acquisition of highway equipment; and
WHEREAS, the Superintendent of Highways has requested that the Town Board authorize use of up to $203,462.28 to purchase a 2009 10-wheel Dump Truck (the “Truck”), as set forth in Memo # 08-16;
NOW, THEREFORE, IT IS RESOLVED, that the Town Board authorizes the expenditure of up to $203,462.28 to purchase the Truck; and it is
FURTHER RESOLVED, that this Resolution is subject to a permissive referendum, pursuant to General Municipal Law §6-c, and shall not be effective unless either no petition requesting a referendum meeting the requirements of Town Law §91 is filed on or before August 28, 2008, or this Resolution is approved by the affirmative vote of majority of the qualified electors of the Town of Ontario voting on approval of the Resolution; and it is
FURTHER RESOLVED, that the Town Clerk shall publish a notice in the Wayne County Mail on July 31, 2008, which shall: (1) set forth the date of the adoption of this Resolution; (2) contain an abstract of this Resolution concisely stating its purpose and effect; (3) specify this Resolution was adopted subject to a permissive referendum; (4) state that on or before August 28, 2008, a petition signed, and acknowledged or proved, or authenticated by electors of the town qualified to vote upon a proposition to raise and expend money, in number equal to at least five per centum of the total vote cast for Governor in the Town in 2006, but which shall not be less than 25, protesting against the Resolution and requesting that it be submitted to the qualified electors of the Town for their approval or disapproval; and it is
FURTHER RESOLVED, the Town Clerk shall also cause a copy of the Notice to be posted on the sign board of the Town maintained pursuant to Town Law §30(6) on or before July 31, 2008. 4 Ayes 1 Nay (Tobin) RESOLUTION ADOPTED
A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the lowest responsible quote from Alexander, Mitchell and Son, Marcellus, NY, for lockers necessary for the new Community Center’s main building, at a cost not to exceed $7,850.00, as recommended by the Director of Parks and Recreation in memo PR30-2008. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the lowest responsible quote from NY State Painting, 88 Pearson Ln., Rochester, NY, for Epoxy Floors necessary for the new Community Center’s main building, at a cost not to exceed $7,125.00, as recommended by the Director of Parks and Recreation in memo #PR29-2008. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the lowest responsible quote from Klein Reinforcing Services, Inc., 11 Turner Dr., Spencerport, NY, for the steel required within the Tension Fabric Structures Foundation, at a cost not to exceed $7,600.00, as recommended by the Director of Parks and Recreation in memo #PR24-2008. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the lowest responsible bid from Lang Heating and Cooling Inc., 105 Commercial St., Webster, NY, for the heating and cooling system necessary for the main building of the Community Center, at a cost not to exceed $86,933.00, as recommended by the Director of Parks and Recreation in memo #PR31-2008. 5 Ayes 0 Nays MOTION CARRIED
Budget Transfers/Adjustments – None
Appointments/Resignations – A motion was made by Mr. Switzer, seconded by Mrs. Smith, to approve the permanent appointment of Pamela Grundman as Recreation Supervisor, effective 7/29/08 at her current salary, having successfully completed her probationary period as recommended by the Director of Parks and Recreation in memo #08-17. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Switzer, seconded by Mrs. Smith, to approve the permanent appointment of Kimberly Millard as Assistant Director of Recreation, effective 7/29/08 at her current salary, having successfully completed her probationary period as recommended by the Director of Parks and Recreation in memo #08-17. 5 Ayes 0 Nays MOTION CARRIED
For the Boards information: William Callahan, Jr. was hired by the Highway Department as seasonal employment. He worked July 7, 2008 through July 31, 2008 at a rate of $13.00 per hour as recommended by the Superintendent of Highways in memos #08-17 and #08-18.
Workshop – Mr. Riddell gave a report on the proposed Ontario-Walworth Rotary pavilion project at Casey Park. Rotarians built the original pavilion over 30 years ago which had to be removed for the Community Center.
A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to accept a 20’ x 40’ pavilion from the Ontario-Walworth Rotary Club with the plans to be reviewed by the Building Inspector. 4 Ayes 0 Nays 1 (Abstain) Tobin MOTION CARRIED
Farmland Protection –2009 submission: The Town Board selected the Haak/Morton Farm at Kenyon/Furnace Road and the Albright Farm on Knickerbocker Road based on access to sewers and the probability of receiving pressure from developers.
A motion was made by Mr. Switzer, seconded by Mr. Tobin, to authorize the Supervisor to designate the Haak/Morton Farm and the Albright Farm and to file the necessary paperwork. 5 Ayes 0 Nays MOTION CARRIED
Reports by Town Board Members –Mr. Kelsch reported on the two pieces of property on Kenyon Road that the town is going to purchase for unpaid taxes. The property is on the south side of Kenyon Road, west of the landfill. There was a discussion on having it inspected for potential environmental issues. The Attorney for the Town recommends doing a Phase I environmental inspection.
A motion was made by Mr. Ruffell, seconded by Mr. Tobin, to authorize the Supervisor to enter into an agreement with Kenneth Aplin, PhD. to conduct a Phase I EAF, with a cost not to exceed $2,500. 5 Ayes 0 Nays MOTION CARRIED
Mr. Switzer reported that the Vision Plan is proceeding and the federal government raised the minimum wage.
Approval of Claims – A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to approve the abstract of claims for July 28, 2008 including vouchers #1772 through #1901 with a grand total of $164,160.84 and to authorize the Supervisor to issue payments for same. 5 Ayes 0 Nays MOTION CARRIED
Comments from the Public – None
Executive Session - A motion was made by Mr. Switzer, seconded by Mr. Tobin, to move into an executive session at 8:15 PM on pending legal matters. 5 Ayes 0 Nays MOTION CARRIED
Adjourn – A motion was made by Mr. Tobin, seconded by Mr. Switzer, to adjourn at 8:47 PM. 5 Ayes 0 Nays MOTION CARRIED
Respectfully submitted,
Debra DeMinck
Ontario Town Clerk
The above minutes will become official upon approval of the town board.
Wayne-Finger Lakes BOCES
Board of Education Meeting Calendar
2008-2009
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July 7, 2008- Reorganization Meeting
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August 25, 2008
September 29, 2008
October 20, 2008
November 17, 2008
December 22, 2008
January 20, 2009 (Tuesday)
February 9, 2009
March 9, 2009
April 6, 2009 - Annual and Regular Meeting
May 4, 2009 - (Executive Session) Board/District Superintendent Annual Evaluations
May 11, 2009
June 8, 2009
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July 7, 2009- Reorganization Meeting
Regional Budget Meeting A
Thursday, March 5, 2009 Regional Budget Meeting to be held at the Regional Support Center, Eisenhower Building in Newark beginning at 7PM.
Component District Vote Date A
Wednesday, April 29, 2009 component districts vote date on the BOCES tentative administrative budget and election of BOCES board members.
Approved: 7/7/08
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