Letter to the Board

Att. F)
WALWORTH TOWN BOARD – REGULAR MEETING
6 MARCH 2008

Letter to the Board

March 28, 2008

"You do not lead by hitting people over the head -- that's assault, not leadership."
--Dwight D. Eisenhower, thirty-fourth U.S. President

Board Agenda:

Wrestling Team Introduction: I have invited Coach Freischlag, Assistant Coach Hargarther and the wrestling team to join us at our board meeting to recognize them on their outstanding season, and to recognize a couple of their top wrestlers for their accomplishments.

Technology Presentation: Mrs. Cox and Stuart Shoots will be making a presentation on the use of Smart Boards. Mrs. Smith will be sending you a short video which you will want to watch before Thursday night’s quiz.

Math Book Presentation: Mr. Pullen and the Elementary math textbook committee will be presenting the “Everyday math” program which they would like you to approve for next year. Michael and the team have done a very thorough job of researching the best program for our students. Everyday Math was developed by the University of Chicago and is used in the Chicago elementary IB schools.

Student Representative: High School Sophomore, Michelle Vendell will be our student representative for the school board meeting. Michelle is a Wayne soccer player and has participated in our meetings in the past.

Business Items: We have our usual personnel actions and CSE items for approval. We have a very full consensus agenda for your review. I recommend approval of the February Treasurer’s Report, budget transfers, the two gifts to the district and the health contracts as these are all standard board transactions. The additional back-up signor on the building extra classroom accounts will alleviate difficulties which have come up on more than one occasion. I support all these actions. Presented to you this evening is the math textbook, which I support adopting. I have included the contracts with our two Assistant Superintendents, which you have previously seen, and which is included again in this newsletter. As you know, they have been reviewed by our attorney, and I recommend approving these contracts. The only area they he raised a concern about that I left was the one year notification if you wish to terminate the position. He did not feel you needed to do that. I agree you don’t need to, but it is what Greg, Kim and you agreed to when you met together. So I left it in.

Policy: We have several policies attached for first reading and one attached for single reading. The single reading policy, 4211, is being sent to you in two formats. In the policy book it will be a landscaped document. However, embedding a landscape document into the board agenda causes the entire document to change format and therefore it will be sent to you as a separate document.

Board Letter:

1. Budget Presentations: I have attached the schedule of the upcoming budget presentations. Do you want to invite them to attend?

2. OP Jump Rope for Heart: The PE staff at Ontario Primary (Pat Yates and Tracy Watson) have been coordinating a fundraiser called “Jump Rope for Heart” in conjunction with the American Heart Association. These young students at OP raised nearly $10,000 for the American Heart Association through this venture. This is a project that the staff and students took on as a project through their Character Education Committee. They have been overwhelmed with the enthusiasm and success of this project and of their students. Pat Yates and Tracy Watson will be attending the next board meeting to speak to the board about this endeavor.

3.
Board Candidates: I have attached a list of the current candidates for the upcoming board vacancies.

4. National Junior Honor Society Induction: I attended the middle school Junior honor society induction ceremony this past Thursday evening. 42 students were inducted based on their citizenship, academic standing, and character traits.

5.
Rotary Dictionary Distribution: For several years the Ontario Walworth Rotary has been distributing dictionaries to the FE and OE third graders. This occurred again this past week on Thursday. I was joined three of my fellow Rotarians. The experience is always a positive one for not only myself, but for our Rotarians to be a part of our schools.

6.
Art Show: I don’t know if any of you had a chance to see our student art show, but as usual, the quality of the student work was outstanding. Our teachers do a great job with these students, and our students are very fortunate to have the resources that they have here at Wayne.

7. Upcoming Events:
4/2 – HS Talent Show @ PAC – 7:00 p.m.
4/4 – Donkey Basketball Game @ HS Gym – 7:00 p.m.
4/7 – Three Boards Meeting @ Ontario Town Hall – 7:00 p.m.
4/8 – OP/OE PTA Meeting @ OE Cafeteria – 7:00 p.m.
4/8 – 11 – Senior Trip to NYC
4/14 – 18 – Spring Recess – Schools Closed
4/22 – NHS Blood Drive @ HS - 8:00 a.m. – 1:30 p.m.

8. Attachments:

	A) ASI Contract
	B) ASB Contract
	C) Budget Presentation List
	D) Board Candidates
	E) Walworth Town Board Meeting Minutes – 2/28
	F) Walworth Town Board Meeting Minutes – 3/6
	G) Ontario Town Board Meeting Minutes – 3/10
	H) Wayne’s World



	Att. A)

SALARY AND BENEFITS MEMORANDUM

	THIS MEMORANDUM is adopted the 3^rd day of April by the Board of Education of the Wayne Central School District, hereinafter referred to as the "district" for the purpose of establishing the salary and benefits of Kim Cox, hereinafter referred to as "Assistant Superintendent for Instruction", for the period of July 1, 2008 through June 30, 2011.
The Assistant Superintendent is a certified administrative position according to New York State law, and;
The Board and employee have mutually agreed that the terms and conditions of employment covering this position should be reduced to writing to avoid any misunderstanding as to the nature of the employment relationship, and;
The terms of employment for the employee in such position, the duties thereof and the method of termination of such employment are governed by the education law, the Civil Service Law, and/or policies, regulations, procedures and practices of the District, and not by this Memorandum except as agreed to herein, and therefore;
The parties enter into this memorandum in order to set forth their agreement regarding compensation, benefits and the other matters contained in this memorandum, related to the employment of the Employee.

	1. The Assistant Superintendent for Instruction shall furnish throughout the duration of employment a valid and appropriate certification to act as an School District Administrator in the State of New York and that the Assistant Superintendent for Instruction hereby agrees to devote full time, skill, labor and attention to said employment during the term of this memorandum, provided, however, that the Assistant Superintendent for Instruction by agreement with the Board of Education may undertake consultation work, speaking engagements, writing, teaching, lecturing or other professional duties and obligations without reduction in compensation.
	2. The duties of the Assistant Superintendent for Instruction shall be those now or hereafter prescribed by the Board of Education of the District.
	3. The District shall pay said Assistant Superintendent for Instruction as compensation for such service as an annual salary for the period July 1, 2008, $113,568 continuing through June 30, 2009. An adjustment in salary of $4,000 will be made upon the attainment of tenure which will occur on July 1, 2009. This will be reflected in the salary of $122,270 for the period July 1, 2009 through June 30, 2010. The salary for the period July 1, 2010 through June 30, 2011, will be $127,161. Such salary, less deductions required by Law or authorized by said Assistant Superintendent for Instruction shall be paid in twenty-six (26) equal installments each year. The future compensation of said Assistant Superintendent for Instruction shall be negotiated more than thirty (30) days prior to the commencement of the years of said memorandum and the Assistant Superintendent for Instruction will be notified in writing by the Clerk of the District as to the amount of such compensation at least thirty (30) days prior to the commencement of future years of said memorandum.
	4. The Assistant Superintendent for Instruction shall be entitled to a vacation with pay of 25 working days each and every year of said memorandum. The days that the district office is closed because of the national or state holidays or for any other reason shall not be charged against the Assistant Superintendent for Instruction's vacation.
	5. The Assistant Superintendent for Instruction may carry forward up to fifteen (15) working days of unused vacation with pay annually during the period of this memorandum beginning July 1, 2008 and ending June 30, 2011. The Assistant Superintendent for Instruction may redeem and be paid for up to seven (7) days of unused vacation on an annual basis, at her respective daily rate of 1/260 of current annual salary. At the termination of employment or in the event of the death of the Assistant Superintendent for Instruction while employed by the District under this memorandum, the Assistant Superintendent for Instruction may redeem and be paid for up to forty (40) days of unused vacation. Such time shall be converted to a cash value equivalent thereof based upon the rate of 1/260 of current annual salary of the Assistant Superintendent for Instruction at the time and paid within thirty (30) days after termination of this memorandum or in the event of death to the Estate of the Assistant Superintendent for Instruction in a lump sum payment.
	6. The Assistant Superintendent for Instruction is entitled to paid holidays consistent with those designated in the school calendar for twelve month employees.
	7. The Assistant Superintendent for Instruction shall be reimbursed annually for membership in two local, state, and national professional organizations. Additionally, the Assistant Superintendent for Instruction may attend one national conference per school year with prior approval of the Superintendent of Schools, which said time shall not be charged against any of the Assistant Superintendent for Instruction's other leave.
	8. Upon application to and with the prior approval from the Superintendent of Schools, and with the submission of an official transcript to the Superintendent indicating successful completion, the Assistant Superintendent for Instruction shall receive tuition reimbursement for up to twelve (12) graduate hours per year of this memorandum for job related coursework beyond administrative certification.
	9. The Assistant Superintendent for Instruction, upon approval of the Superintendent of Schools, shall receive mileage reimbursement for out-of-district mileage accumulated for attendance at job related functions. Such mileage shall be reimbursed at the Board of Education established rate.
	10. The Superintendent of Schools shall evaluate the Assistant Superintendent for Instruction on an annual basis and shall inform the Assistant Superintendent for Instruction in writing of her performance.
	11. The Assistant Superintendent for Instruction shall be entitled to sick leave benefits with pay amounting to 18 days a year, and personal leave benefits with pay amounting to 4 days a year. Any such benefits which are not used during the course of the memorandum year shall be accumulated and added to sick leave. During her employment, the Assistant Superintendent for Instruction may accrue a total of 225 sick days. In the event of her death, any accrued and unused sick leave shall be credited to the Assistant Superintendent for Instruction and converted to a cash value equivalent based upon 1/260 of the rate of compensation of the Assistant Superintendent for Instruction at the time and paid within thirty (30) days to the Estate of the Assistant Superintendent for Instruction in a lump sum payment. Upon retirement under the New York State Teacher’s Retirement System from service in the district, the Assistant Superintendent for Instruction will be paid seventy-five dollars ($75) per day for unused sick days, up to a maximum of two hundred twenty –five (225) days, with a minimum of ten (10) years service in the district. Bereavement days may be granted at the discretion of the Superintendent of Schools upon written request of the Assistant Superintendent for Instruction.
	12. A sick leave bank shall be available for use by the Assistant Superintendent for Instruction. The bank is voluntary and is administered by the Superintendent of Schools. It shall be operated as indicated in the Professional Memorandum between the Superintendent of schools and the Wayne Central School Building Administrators Association.
	13. The District participates in the Non-Monroe County Municipal School District program for health insurance. Upon application, the Assistant Superintendent for Instruction is eligible to receive a single, two person, family no spouse, or family Blue Point 2 with $15 PCP Co-Pay health insurance policy with the $5/ $15/ $30 Prescription rider policy (base policy). The Assistant Superintendent for Instruction is also eligible to receive upon application, a single or family Smile Saver I (100/50) or Smile Saver IV (100/85) Dental Plan. The district will pay 90% of the base policy health premium and 100% of the dental premium. If the district employs both husband and wife, the obligation of the District shall be limited to one family plan, or, at the employee’s option, one individual plan each. The Assistant Superintendent for Instruction will bear the cost of the unpaid portion of the base policy premium plus any difference between the base policy and other higher priced policies offered by the District. The Assistant Superintendent for Instruction’s contributions will be deducted from wages as a pre-tax deduction.
If the Assistant Superintendent for Instruction were to die during active service with five (5) or more years of service, her spouse and family (if applicable) would continue to receive 100% health/dental coverage paid by the Board of Education. This coverage would continue until the spouse reaches age 65, re-marries, or is eligible for any health/dental insurance through her employment. If the years of active service were between three (3) to five (5) years, this benefit is available at 50% cost.
	14. In the event that the Assistant Superintendent for Instruction retires under the provisions of a State Retirement System at the time of termination of employment with the District, the Assistant Superintendent for Instruction shall receive all stated insurance benefits in effect at the time of retirement until her death. Upon the Assistant Superintendent for Instruction’s death, her spouse is eligible for insurance benefits until such spouse reaches age 65 or remarries, whichever comes first. Benefits under this provision are relative to years of service, as follows:
For between three (3) and five (5) years (inclusive) of continuing service immediately preceding retirement, the Board of Education shall pay fifty percent (50%) of all health insurance premiums.
After five (5) years of continuous active service immediately preceding retirement, the Board of Education shall pay one hundred percent (100%) of all insurance premiums.
15. The Board of Education shall pay the full premium of a term life insurance policy in the amount of $150,000. The carrier of such insurance will be determined by the Board of Education. Life insurance premiums shall not be paid by the Board of Education after retirement, but the Assistant Superintendent for Instruction may elect to pay the premium at her own expense.
16. The Assistant Superintendent for Instruction shall be entitled to all statutory rights to a tax sheltered annuity or deferred income arrangement which is available to any employee of the District.
17. The District will establish for the Assistant Superintendent for Instruction a health reimbursement plan in accordance with section 105 (h) of the Internal Revenue code and contribute the following amounts for the duration of this memorandum:
	2008-09 $1900
	2009-10 $1950
	2010-11 $2000

18. The District will contribute to the Assistant Superintendent for Instruction’s tax sheltered annuity (in accordance with item 20 above) or health reimbursement account (to be added to the contribution provided for in item 21 above) an amount equal to the difference between the applicable Blue Point 2 $5 Plan premium and the applicable Blue point 2 $15 Plan premium plus 10% of the applicable Blue Point 2 $15 Plan premium.

19. Before the 31st day of December, 2010, the District will notify said Assistant Superintendent for Instruction if it intends to renew or not to renew these conditions of employment for an additional period. The Assistant Superintendent for Instruction shall, within thirty (30) days after notification by the Board of Education of its intention to renew the memorandum, advise the Board of Education as to whether the provisions of a new memorandum as Assistant Superintendent for Instruction are acceptable for an additional period or to continue service with the District without a memorandum.
20. This memorandum shall continue in full force and effect for the term stated herein unless otherwise terminated, modified or extended in accordance with the provisions hereof and shall constitute the full memorandum between the parties and said memorandum may not be modified or amended except by written instrument signed by both of the parties hereto.
21. In the event that the Board of Education shall determine to abolish the position of Assistant Superintendent for Instruction by July 1 of any year, the Board of Education shall give notice to the incumbent by July 1^st of the preceding year.
22. The District will provide for the Assistant Superintendent for Instruction liability insurance with a single limit of no less than $2,000,000.00 a year with the Assistant Superintendent for Instruction as the named insured. Said insurance shall provide defense and indemnity for all actions, claims, proceedings, suits or litigation brought against the Assistant Superintendent for Instruction arising out of or allegedly arising out of or related to employment by the District or any action, activity, event or occurrence which takes place during employment. In addition, the District agrees to indemnify and hold harmless the Assistant Superintendent for Instruction from any claims, actions, proceedings, suits or litigation arising out of, allegedly arising out of or in any way related to the Assistant Superintendent for Instruction's employment by the District or duties, actions or functions in any way relating to the District, to the extent that insurance coverage is not provided.
23. In the event that the Assistant Superintendent for Instruction incurs a job related disability which prevents her from performing the duties of his position, the District will continue to pay to the Assistant Superintendent for Instruction full salary and any benefits received by the Assistant Superintendent for Instruction pursuant to the Worker's Compensation Law shall be assigned to the School District and the Assistant Superintendent for Instruction's absences from work shall not be charged against or reduce any accrued sick leave.
24. In the event the Assistant Superintendent for Instruction is required to perform jury duty she shall receive her full pay from the School District and shall waive the pay for jury duty service.
25. This memorandum is authorized by resolution of the Board of Education adopted on the _____ day of _______________, 20____.

	_____________________________________ ____________
	Michael Havens, Superintendent of Schools Dated
	_____________________________________ ____________
	Kim Cox Dated
	Assistant Superintendent for Instruction

Att. B)
SALARY AND BENEFITS MEMORANDUM

THIS MEMORANDUM is adopted the 3^rd day of April by the Board of Education of the Wayne Central School District, hereinafter referred to as the "district" for the purpose of establishing the salary and benefits of Greg Atseff, hereinafter referred to as "Assistant Superintendent for Business", for the period of July 1, 2008 through June 30, 2011.
The Assistant Superintendent is a certified administrative position according to New York State law, and;
The Board and employee have mutually agreed that the terms and conditions of employment covering this position should be reduced to writing to avoid any misunderstanding as to the nature of the employment relationship, and;
The terms of employment for the employee in such position, the duties thereof and the method of termination of such employment are governed by the education law, the Civil Service Law, and/or policies, regulations, procedures and practices of the District, and not by this Memorandum except as agreed to herein, and therefore;
The parties enter into this memorandum in order to set forth their agreement regarding compensation, benefits and the other matters contained in this memorandum, related to the employment of the Employee.
1. The Assistant Superintendent for Business shall furnish throughout the duration of employment a valid and appropriate certification to act as an School District Administrator in the State of New York and that the Assistant Superintendent for Business hereby agrees to devote full time, skill, labor and attention to said employment during the term of this memorandum, provided, however, that the Assistant Superintendent for Business by agreement with the Board of Education may undertake consultation work, speaking engagements, writing, teaching, lecturing or other professional duties and obligations without reduction in compensation.
2. The duties of the Assistant Superintendent for Business shall be those now or hereafter prescribed by the Board of Education of the District.
3. The District shall pay said Business Official as compensation for such service $118,755 for the period July 1, 2008 through June 30, 2009, $123,505 for the period July 1, 2009 through June 30, 2010, and $128,445 for the period July 1, 2010 through June 30, 2011. Such salary, less deductions required by Law or authorized by said Assistant Superintendent for Business shall be paid in twenty-six (26) equal installments each year. The future compensation of said Assistant Superintendent for Business shall be negotiated more than thirty (30) days prior to the commencement of the years of said memorandum and the Assistant Superintendent for Business will be notified in writing by the Clerk of the District as to the amount of such compensation at least thirty (30) days prior to the commencement of future years of said memorandum.
4. The Assistant Superintendent for Business shall be entitled to a vacation with pay of 25 working days each and every year of said memorandum. The days that the district office is closed because of the national or state holidays or for any other reason shall not be charged against the Assistant Superintendent for Business’s vacation.
5. The Assistant Superintendent for Business may carry forward up to fifteen (15) working days of unused vacation with pay annually during the period of this memorandum beginning July 1, 2008 and ending June 30, 2011. The Assistant Superintendent for Business may redeem and be paid for up to seven (7) days of unused vacation on an annual basis, at her respective daily rate of 1/260 of current annual salary. At the termination of employment or in the event of the death of the Assistant Superintendent for Business while employed by the District under this memorandum, the Assistant Superintendent for Business may redeem and be paid for up to forty (40) days of unused vacation. Such time shall be converted to a cash value equivalent thereof based upon the rate of 1/260 of current annual salary of the Assistant Superintendent for Businesss at the time and paid within thirty (30) days after termination of this memorandum or in the event of death to the Estate of the Assistant Superintendent for Business in a lump sum payment.
6. The Assistant Superintendent for Business is entitled to paid holidays consistent with those designated in the school calendar for twelve month employees.
7. The Assistant Superintendent for Business shall be reimbursed annually for membership in two local, state, and national professional organizations. Additionally, the Assistant Superintendent for Business may attend one national conference per school year with prior approval of the Superintendent of Schools, which said time shall not be charged against any of the Assistant Superintendent for Business's other leave.
8. Upon application to and with the prior approval from the Superintendent of Schools, and with the submission of an official transcript to the Superintendent indicating successful completion, the Assistant Superintendent for Business shall receive tuition reimbursement for up to twelve (12) graduate hours per year of this memorandum for job related coursework beyond administrative certification.
9. The Assistant Superintendent for Business, upon approval of the Superintendent of Schools, shall receive mileage reimbursement for out-of-district mileage accumulated for attendance at job related functions. Such mileage shall be reimbursed at the Board of Education established rate.
10. The Superintendent of Schools shall evaluate the Assistant Superintendent for Business on an annual basis and shall inform the Assistant Superintendent for Business in writing of his performance.
11. The Assistant Superintendent for Business shall be entitled to sick leave benefits with pay amounting to 18 days a year, and personal leave benefits with pay amounting to 4 days a year. Any such benefits which are not used during the course of the memorandum year shall be accumulated and added to sick leave. During her employment, the Assistant Superintendent for Business may accrue a total of 225 sick days. In the event of her death, any accrued and unused sick leave shall be credited to the Assistant Superintendent for Business and converted to a cash value equivalent based upon 1/260 of the rate of compensation of the Assistant Superintendent for Business at the time and paid within thirty (30) days to the Estate of the Assistant Superintendent for Business in a lump sum payment. Upon retirement under the New York State Teacher’s Retirement System from service in the district, the Assistant Superintendent for Business will be paid seventy-five dollars ($75) per day for unused sick days, up to a maximum of two hundred twenty –five (225) days, with a minimum of ten (10) years service in the district. Bereavement days may be granted at the discretion of the Superintendent of Schools upon written request of the Assistant Superintendent for Business
12. A sick leave bank shall be available for use by the Assistant Superintendent for Business. The bank is voluntary and is administered by the Superintendent of Schools. It shall be operated as indicated in the Professional Memorandum between the Superintendent of schools and the Wayne Central School Building Administrators Association.
13. The District participates in the Non-Monroe County Municipal School District program for health insurance. Upon application, the Assistant Superintendent for Instruction is eligible to receive a single, two person, family no spouse, or family Blue Point 2 with $15 PCP Co-Pay health insurance policy with the $5/ $15/ $30 Prescription rider policy (base policy). The Assistant Superintendent for Instruction is also eligible to receive upon application, a single or family Smile Saver I (100/50) or Smile Saver IV (100/85) Dental Plan. The district will pay 90% of the base policy health premium and 100% of the dental premium. If the district employs both husband and wife, the obligation of the District shall be limited to one family plan, or, at the employee’s option, one individual plan each. The Assistant Superintendent for Business will bear the cost of the unpaid portion of the base policy premium plus any difference between the base policy and other higher priced policies offered by the District. The Assistant Superintendent for Business’s contributions will be deducted from wages as a pre-tax deduction.
If the Assistant Superintendent for Business were to die during active service with five (5) or more years of service, her spouse and family (if applicable) would continue to receive 100% health/dental coverage paid by the Board of Education. This coverage would continue until the spouse reaches age 65, re-marries, or is eligible for any health/dental insurance through her employment. If the years of active service were between three (3) to five (5) years, this benefit is available at 50% cost.
14. In the event that the Assistant Superintendent for Business retires under the provisions of a State Retirement System at the time of termination of employment with the District, the Assistant Superintendent for Business shall receive all stated insurance benefits in effect at the time of retirement until his death. Upon the Assistant Superintendent for Business’s death, his spouse is eligible for insurance benefits until such spouse reaches age 65 or remarries, whichever comes first. Benefits under this provision are relative to years of service, as follows:
For between three (3) and five (5) years (inclusive) of continuing service immediately preceding retirement, the Board of Education shall pay fifty percent (50%) of all health insurance premiums.
After five (5) years of continuous active service immediately preceding retirement, the Board of Education shall pay one hundred percent (100%) of all insurance premiums.
15. The Board of Education shall pay the full premium
of a term life insurance policy in the amount of $150,000. The carrier of such insurance will be determined by the Board of Education. Life insurance premiums shall not be paid by the Board of Education after retirement, but the Assistant Superintendent for Business may elect to pay the premium at his own expense.
16. The Assistant Superintendent for Business shall be entitled to all statutory rights to a tax sheltered annuity or deferred income arrangement which is available to any employee of the District.
17. The District will establish for the Assistant Superintendent for Business a health reimbursement plan in accordance with section 105 (h) of the Internal Revenue code and contribute the following amounts for the duration of this memorandum:
2008-09 $1900
2009-10 $1950
2010-11 $2000

18. The District will contribute to the Assistant Superintendent for Business’s tax sheltered annuity (in accordance with item 20 above) or health reimbursement account (to be added to the contribution provided for in item 21 above) an amount equal to the difference between the applicable Blue Point 2 $5 Plan premium and the applicable Blue point 2 $15 Plan premium plus 10% of the applicable Blue Point 2 $15 Plan premium.
19. Before the 31st day of December, 2010, the District will notify said Assistant Superintendent for Business if it intends to renew or not to renew these conditions of employment for an additional period. The Assistant Superintendent for Business shall, within thirty (30) days after notification by the Board of Education of its intention to renew the memorandum, advise the Board of Education as to whether the provisions of a new memorandum as Assistant Superintendent for Business are acceptable for an additional period or to continue service with the District without a memorandum.
20. This memorandum shall continue in full force and effect for the term stated herein
unless otherwise terminated, modified or extended in accordance with the provisions hereof and
shall constitute the full memorandum between the parties and said memorandum may not be modified
or amended except by written instrument signed by both of the parties hereto.
21. In the event that the Board of Education shall determine to abolish the position of Assistant Superintendent for Business by July 1 of any year, the Board of Education shall give notice to the incumbent by July 1^st of the preceding year.
22. The District will provide for the Assistant Superintendent for Business liability insurance with a single limit of no less than $2,000,000.00 a year with the Assistant Superintendent for Instruction as the named insured. Said insurance shall provide defense and indemnity for all actions, claims, proceedings, suits or litigation brought against the Assistant Superintendent for Instruction arising out of or allegedly arising out of or related to employment by the District or any action, activity, event or occurrence which takes place during employment. In addition, the District agrees to indemnify and hold harmless the Assistant Superintendent for Business from any claims, actions, proceedings, suits or litigation arising out of, allegedly arising out of or in any way related to the Assistant Superintendent for Business's employment by the District or duties, actions or functions in any way relating to the District, to the extent that insurance coverage is not provided.
23. In the event that the Assistant Superintendent for Business incurs a job related disability which prevents his from performing the duties of his position, the District will continue to pay to the Assistant Superintendent for Business full salary and any benefits received by the Assistant Superintendent for Instruction pursuant to the Worker's Compensation Law shall be assigned to the School District and the Assistant Superintendent for Business's absences from work shall not be charged against or reduce any accrued sick leave.
24. In the event the Assistant Superintendent for Instruction is required to perform jury duty he shall receive her full pay from the School District and shall waive the pay for jury duty service.
25. This memorandum is authorized by resolution of the Board of Education
adopted on the ___ day of _____, 20__.
_____________________________________ _________
Michael Havens, Superintendent of Schools Dated
_____________________________________ _________
Greg Atseff Dated
Assistant Superintendent for Business

Att. C)

BOARD PRESENTATIONS

April 8 – OP/OE PTA @ OE Cafeteria – 7:00 p.m.

April 21 – HS Faculty Meeting @ PAC – 2:15 p.m.

April 30 - OP Faculty Meeting @ Cafeteria – 8:00 a.m.

May 5 – HS PTSO @ DO Conference Room – 7:00 p.m.

May 6 – MS PTO @ MS Media Center - 6:30 p.m.

May 6 – Rotary Meeting @ Ontario Fireman’s Field- 6:00 (dinner) & 7:00 presentation

May 7 – Middle School Faculty Meeting @Media Center - 2:15 p.m.

May 7 – OE Faculty Meeting @ Cafeteria - 8:00 a.m.

May 8– FE Faculty Meeting @ Media Center - 8:00 a.m.

May 19 – FE Parent Group @ Media Center – 6:45 p.m.

Att. D)

BOARD CANDIDATES TO DATE:

The following persons have taken out petitions to run for a seat on the school board
as of March 27.

NAME ADDRESS
Jeff Schultz 7639 Lake Meadow Drive, Ontario
Domingo Paz 2115 Stonehedge Drive, Ontario
Danielle Gruttadaurio 775 Plank Road, Ontario

(phone numbers are not requested)

Jim had an inquiry about the petition process from Dennis Landry on Jacobs Road, however Mr. Landry has not taken a folder to date.

Att. E)

WALWORTH TOWN BOARD – SPECIAL MEETING
28 FEBRUARY 2008

Presiding Supervisor Plant called the scheduled Town Board Special Meeting, held at the Walworth Town Hall, 3600 Lorraine Drive, to order at 7:00 PM.


Present: Frank Maciuska Councilman
Patricia Marini
Councilwoman
Susie Jacobs Town Clerk
Absent: Thomas Yale Councilman
Suzi Hawkins-Mance
Councilwoman

SEWER PLANT MANAGEMENT DISCUSSION:
Supervisor Plant turned the discussion over to Councilman Maciuska and Councilwoman Marini. Councilman Maciuska stated that the Town had received four proposals that had been reviewed; the level of participation and management of the sewer plant varied with each proposal. One was for everything, including keeping the existing employees, and one a “No thank you, we are not interested at this time.” The Committee did make sure that the Board was taking a look at all of its options for efficient use of the sewer system and the sewer plant. The Board’s concern has always been the cost to ratepayers, trying to minimize cost and taking a look at all proposals. Councilman Maciuska stated that we know what the cost of sewer is right now; we know what the rate is right now and that includes three employees. When we took a look at what was being offered, the Town hasn’t had that many maintenance problems with the sewer plant. Our employees have done a very good job of managing this asset over the last twenty years. Although there was some depth in the proposals with other people being available, we really haven’t had a need; so therefore, taking a look at all of the options on the table, one of which would be to maintain the “status quo,” the Sewer Committee was recommending that we maintain the “status quo,” reject all proposals and continue on with hiring a new Sewer Superintendent.

Motion by Councilman Maciuska authorizing that a thank you note be sent to each of the four companies that did submit a proposal, thanking them for their time and effort.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 3 Nays 0

Motion by Councilman Maciuska authorizing Supervisor Plant to enter into negotiations with candidates who had been interviewed for accepting the position of Sewer Superintendent.
Seconded by Councilwoman Marini.

Roll call vote:
Councilman Maciuska Aye
Councilwoman Marini Aye

                          Councilwoman Hawkins-Mance Absent
                          Councilman Yale Absent

Supervisor Plant Aye

Motion carried.
NEW YORK MUNICIPAL INSURER AWARD:
Councilman Maciuska commented that the award received at the Association of Towns Annual Meeting in New York City from New York Municipal Insurer is now in the Town Hall. Councilman Maciuska stated that the Town should locate a place to display it; it is quite a prestigious award - 932 towns and the Town of Walworth was the only town to receive such award. Supervisor Plant agreed and stated that Town employees did a lot to earn this.

Councilman Maciuska stated that he felt “it would be nice if we send something out from the Town Board to all the employees thanking them; that really it was their participation and their concern about safety and risk management that got us this award. I think that a thank-you to the employees would be appropriate.” Supervisor Plant stated that he would take care of it.

ADJOURNMENT:

Motion by Councilman Maciuska to adjourn the Special Meeting.
Seconded by Councilwoman Marini.
Time: 7:10 PM

Respectfully Submitted,

Susie C. Jacobs
Town Clerk

Att. F)

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WALWORTH TOWN BOARD – REGULAR MEETING

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6 MARCH 2008


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.

Present: Thomas Yale Councilman
Frank Maciuska Councilman
Patricia Marini
Councilwoman
Suzi Hawkins-Mance
Councilwoman
Susie Jacobs Town Clerk

Mike Frederes Highway Superintendent

Jacqueline Van Lare Recreation Director
Karen Ambroz Assessor
Carl Hewings Parrone Engineering

MINUTES:

Motion by Councilwoman Hawkins-Mance to approve the Minutes of February 7, 2008, meeting as presented. Seconded by Councilwoman Marini.

Adopted: Vote Ayes 5 Nays 0

Motion by Councilwoman Hawkins-Mance to approve the Minutes of February 9, 2008, Sit with the Supervisor meeting as presented. Seconded by Councilman Maciuska.

Adopted: Vote Ayes 5 Nays 0

Motion by Councilwoman Hawkins-Mance to approve the Minutes of February 21, 2008, meeting as presented. Seconded by Councilwoman Marini.

Adopted: Vote Ayes 5 Nays 0

CORRESPONDENCE:
Susie Jacobs, Town Clerk, read the following letter from the NYS Department of Transportation regarding Study No. 4070175:

“Dear Ms. Jacobs, We have completed our investigation of traffic conditions on Canandaigua Road between Route 441 and Kuttruff Road relative to the establishment of a lower speed limit.

We have determined that a 50 mph speed limit is justified on Canandaigua Road between Route 441 and Kuttruff Road. Orders for the speed zone are being processed for filing with the Secretary of State and will be sent to you when approved. Installation of signs can follow at that time.

Sincerely, David C. Goehring, Regional Traffic Engineer”

Motion by Councilman Maciuska to accept and file the letter received from the NYS Department of Transportation. Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0

Supervisor Plant commented that he was sorry that they didn’t lower it to 45 mph and make the whole road one speed. Council members concurred.

Susie Jacobs, Town Clerk, read a second letter from the NYS Department of Transportation, regarding Study No. 4070191 as follows:

“Dear Ms. Jacobs, We have completed our investigation of Canandaigua Road in the vicinity of Freewill Elementary School relative to the establishment of a school speed limit.

A representative from this office made a visit to the site and conducted a field evaluation. This investigation involved making an observation of the roadway characteristics. We also met the Traffic Supervisor from the New York State Police to seek his input about lowering the speed limit.

One of the conditions which should be met for the establishment of a school speed limit is that some of the children walk or bicycle to or from the facility; or the facility and related facility (e.g. cafeteria, gymnasium, playground, athletic fields, parking lots, etc.) are separated by a highway and require the children to cross the highway on foot to access the facilities. Also, a marked crosswalk which is supervised by an adult crossing guard should be present. Since none of these conditions exist, we cannot concur with your request for a school speed limit.

Sincerely, David C. Goehring, Regional Traffic Engineer”

Motion by Councilman Maciuska to accept and file the letter received from the NYS Department of Transportation. Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0

PUBLIC PARTICIPATION:
A resident from Johnny Lane inquired about a recent newspaper article stating that the Town Board had approved a new roof on the Town Complex. He asked if Council members had considered a metal roof. Council members responded, yes, it had been very expensive. The resident stated that he hoped it at least was talked about; because even if you go with a 50-year shingle roof, that doesn’t guarantee that you won’t get shingles blowing off in the wind. He asked how expensive a metal roof was. Council members responded that it was triple the cost because of the square footage. Councilman Maciuska explained that the Town Hall had originally been slated to have a metal roof, but in order to get it in at budget, the roof was made asphalt. The resident commented that somewhere along the line, after so many roofs that you have to pay to put on, that maybe it becomes economical to go with a metal roof. Councilman Maciuska stated that the Town had also received feedback from places that have metal roofs, as far as the overall success of them; and there was mixed feedback on whether or not they were worth the cost. Supervisor Plant stated, “Especially with the wind, if a piece of metal does start to come off, you lose a large section of roof.” The resident was thanked.

Another resident, from Cream Ridge Road, spoke on two items. First, she commended the Highway Department for the fine job they were doing this winter. She stated that she was especially struck when one day a couple of weeks ago - at that point in time the coldest day of the year - she was driving down her road and spotted two Highway Department employees out repairing a mailbox. She stopped to commend them on a job well done.

The second item was regarding where the Town stood on taking over the care of the West Walworth Cemetery. She explained that folks in her church were concerned about mowing it for another season and wondered how the process was coming along. Her understanding was that she had turned the matter over to Norm Druschel some months ago and had last been told that the Town was waiting for Jean Johnson to hear from someone at the State level. Supervisor Plant stated that the Town was waiting to have an accurate recording of what the balance was. The resident asked if the Town could please help to move that process along, as the bottom line was that the church really could not maintain the cemetery again this year. Supervisor Plant stated that the Town did ask to get it done as quickly as possible. The resident repeated, could the Town help to move that along, because mowing season was just a couple of months away and the church folks were getting really nervous about the situation. Supervisor Plant stated that the Town wanted to get the Cemetery as quickly as possible, as that would allow us to do some other things. The resident stated that she would report to her church that the Town was working on the matter, and Supervisor Plant agreed.

DEPARTMENT HEAD REPORTS:

HIGHWAY DEPARTMENT – ADVOCACY DAY
Mike Frederes, Highway Superintendent, reported that he was in Albany this week, along with 326 other highway superintendents, lobbying for an increase in CHIPS funding this year, versus a 4 percent decrease. Results are pending the governor’s budget passing. Mike met with Senator Nozzolio and Assemblyman Oaks personally. He also met with OGS in chambers about the salt crisis this year, and he thinks there will be some answers coming before next year. Discussion ensued between Council members and Mike Frederes as to why the salt crisis occurred this year.

HIGHWAY DEPARTMENT – THREE-WHEELED STREET SWEEPER BID
Sealed bid was opened on Monday, March 3, 2008 for a street sweeper that was budgeted for in the 2008 budget. One bid was received for the purchase of a three-wheeled street sweeper from:

Joe Johnson Equipment of Rochester
2007 New Elgin Pelican P Dual Broom Sweeper $139,950.00
2008 New Elgin Pelican P Dual Broom Sweeper $148,524.00

Option 1 – Brush guard over the cab for $1,190.00
Option 2 – Automatic lube system for $7,700.00

Mike Frederes, Highway Superintendent, presented Council members a summary of the bid. His recommendation was to accept the bid from Joe Johnson Equipment of Rochester for the 2007 model at $139,950.00 with no options, as that would put the Highway Department within budget. Mike commented that in his opinion the extra $8,500.00 for the one-year newer model is not worth it. The life of the piece of equipment would be about 20 years.

Motion by Councilman Yale authorizing Mike Frederes, Highway Superintendent, to accept the bid and purchase of the 2007 model at a cost not to exceed $140,000.00.
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.

Supervisor Plant inquired if Mike Frederes had heard anything regarding what the State was thinking about doing with State Bids next year? The Supervisor went on to say that the State was looking at towns and counties being charged back 1 ½ percent of anything purchased on State Bids. Mike Frederes, Highway Superintendent, replied that he had not heard anything.

RECREATION – ALCOHOL USE CHARLIE SCOTT – GINEGAW PARK
Jacqueline Van Lare, Recreation Director, presented an Alcohol Permit for Charlie Scott on Saturday, August 2, 2008.
Motion by Councilwoman Marini authorizing the issuance of an Alcohol Use Permit in the Park for beer and wine coolers to Charlie Scott on Saturday, August 2, 2008.

Seconded by Councilman Maciuska.

Discussion: Councilman Yale inquired if this was a resident. Councilwoman Marini and Supervisor Plant responded that Hall Center Road was just over the Town Line, so, “No.”

Adopted: Vote Ayes 4 Nays 1

ASSESSOR – SURPLUS EQUIPMENT
Karen Ambroz, Assessor, requested that Council members declare surplus a Soyata Computer Tower, Serial No. HJM97-MPPKR-6GCHQ-4QKQ2-66F36, that was in the Library; it no longer functions.
Motion by Councilman Yale to declare the Soyata Computer, Serial No. HJM97-MPPKR-6GCHQ-4QKQ2-66F36, Surplus Equipment.
Seconded by Councilwoman Hawkins-Mance.

Adopted: Vote Ayes 5 Nays 0

ENGINEER –
Nothing presented at this time.

TOWN CLERK –
Susie Jacobs, Town Clerk, thanked the employees who participated in the “Give Daffodils, Give Hope” fundraiser. She stated that flowers ordered would be delivered on March 10, 2008, from The American Cancer Society, and all proceeds would help in the fight against cancer.

PUBLIC HEARING 7:45 PM – SMALL CITIES GRANT:

Supervisor Plant stated that the notice had been posted.

Motion by Councilwoman Hawkins-Mance to waive the reading of the Public Notice.
Seconded by Councilman Yale.

Adopted: Vote Ayes 5 Nays 0

Supervisor Plant declared the Public Hearing open and asked for anyone who wishes to speak on the Small Cities Grant to come forward and make your recommendations.
Time: 7:45 PM.

Copies of the Comprehensive Projects and 2008 Small Cities Grant requirements were available to the public. Following is the Comprehensive Project list:

COMPREHENSIVE PROJECTS
A comprehensive project typically includes several inter-related activities to address the needs in a designated target area. Applicants must demonstrate how the activities they propose would implement four (4) of the following nine (9) criteria.

Criterion 1. Supports comprehensive neighborhood conservation, stabilization, revitalization, new housing construction or promotes home ownership.

Criterion 2. Provides housing choice within the community: Either outside areas with concentrations of minorities and low-and moderate-income persons or in a neighborhood which is experiencing revitalization and substantial displacement as a result of private reinvestment, by enabling low-and moderate-income persons to remain in their neighborhood.

Criterion 3. Supports the expansion of housing for low-and moderate-income persons by providing additional housing units not previously available.

Criterion 4. Addresses a serious deficiency in a community’s public facilities (public infrastructure).

Criterion 5. Expands or retains employment opportunities.

Criterion 6. Supports “Main Street” revitalization or attracts/retains businesses which provide essential services.

Criterion 7. Removes slums or blighting conditions.

Criterion 8. Resolves a serious threat to health, safety or welfare.

Criterion 9. Supports other Federal or State programs being undertaken in the community or deals with the adverse impact of another recent federal or state action. The other Federal or State program or action must be of substantial size or impact in relation to the proposed program.

No comments were heard from the public.

Motion by Councilman Yale to close the Public Hearing. Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0 Time: 7:47 PM.

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: 7:50 PM.

RECONVENE:

Supervisor Plant reconvened the regular scheduled Town Board meeting.

Time: 8:20 PM.

COMMITTEE REPORTS:

SEWER COMMITTEE
Councilman Maciuska reported that the Sewer Committee is continuing negotiations with a potential employee.
TOWN COMPLEX STUDY GROUP
Councilwoman Hawkins-Mance explained that last year the Supervisor formed a Town Complex Study Group with ten members. The charge of this group was to study the Town Complex to determine if additional space might be needed in the foreseeable future. The group began its meetings on August 29, 2007, and through numerous meetings met with representatives from all the shareholders in the Town Complex, including the State Troopers. The conclusion of the group was that:

1. More space is needed.
2. The Library and Recreation Department should be moved to a new facility in close proximity to the main Town Complex.
3. The Town Clerk needs to take immediate action to facilitate movement of existing records to electronic storage.
4. There is a need to reassign space vacated by the Library and Recreation Department to better meet the needs of the remaining occupants of the Town Complex, the specifics of which are contained in the document provided to the Town Board.
5. It would be this group’s recommendation to create a new committee whose charge would be to address the financial plan for implementation of the specifics.

Following is the Town Complex Study Group’s extensive proposal as presented to Town Board members:

Dear Members of the Town Board,

Over the past few years, the Town of Walworth has struggled with Town Hall and Library space issues; therefore on August 16^th, 2007, the Town Board formed a group titled the Town Complex Study Group. This group was formed to coordinate questions to put forth some ideas to the Town Board that would then go out to the general public regarding the need for more space.
The group initially met on August 29^th, 2007 and began the process of interviewing Department Heads, Library personnel, Court staff and State Troopers regarding space problems they were currently experiencing, space problems they anticipated experiencing, and what they felt would be needed for space in the foreseeable future.
This group, through these interviews, has determined that the following Departments are adequate and some may need reorganization of their current space and/or more efficient storage methodologies:
#1) Town Clerks office
#2) Senior Account Clerks office
#3) Code Enforcement Officer’s office.
The following Departments/offices definitely need more space:
#1) Library
#2) Court
#3) State Trooper’s Office
#4) Town Supervisor’s Office
#5) Recreation Department
#6) Assessor’s Office
#7) Building Department (mainly for records storage).
It was this group’s unanimous decision that the Town of Walworth definitely needs more space. The group, however, also feels that the current building the Town is occupying is a sufficient building for much of the uses the Town needs. This assumes that there are more efficient storage methodologies implemented and maintained as routine process and procedure. It also assumes that the Library and Recreation Department are relocated. The vacated space will allow for more efficient rearrangement and utilization of the town complex for the remaining functions.
Therefore, in order to meet the demands of the Library and Recreation Department it is the recommendation of this committee that a “second” building be constructed for the combined use of the Recreation Department and the Library. The possibility of using an existing building to meet these needs in the Town was discussed, but it was determined that due to the weight load needed for the Library, this was most likely NOT a viable option. The group feels that if the Library and Recreation Department were pulled out and put in a separate facility, the Town would then have ample space for the Town Office’s, Court and State Trooper’s satellite office.
In discussions with other Towns in the area, it was found that there is significant advantage and synergy in locating the Library and Recreation Departments in close proximity to the main Town complex. However, it was also identified that having a separate building from Town business functions and especially Court functions is desirable from aspects of aesthetics and perceived public safety. It is recommended that a building on the existing Town property, directly west of the existing Town complex be constructed. The recommended site directly west of the existing parking lot on the west side of Lorraine Drive would allow for synergy of functions with the existing complex. The new building would be constructed with a single main entrance. The Library would be created in an area built slab-on –grade. The Recreation Department will be located to the opposite side with common multifunctional space in between the two entities. The non library space should have basement area which would house programmatic functional areas as well as infrastructural needs for the building (HVAC, electrical, hot water, etc). The need for basement space for storage and infrastructure needs was a critical discussion/shortcoming identified in other towns visited and the interviews therein with respective town officials. It should be noted that it is not the recommendation of this committee to create a complex “Rec Center” at this time. Having said that, the new building should be compatible for expansion for the Library as well as the Recreation areas to meet future unidentified needs so that the future Townspeople aren’t faced with the current situation of a building that is not functional or conducive to meet changing needs.
Systematic, functional reorganization of the space vacated by the Library and Recreation Department should be done with consideration for safety, functionality and public convenience.
1. The Town Court:
a. Needs to have secure and separate space for record
storage.
b. Needs a non-public space for Lawyer conference area.
c. Needs a secure prisoner area for police agencies.
d. Needs to move as many long term records to electronic
storage as possible.
2. Town Supervisor
a. Needs an office space that is confidential and large enough
to meet with parties of up to 6 people.
b. Needs a controlled reception area.
3. Town Assessor
a. Needs an office large enough to meet with additional 2-3
people.
b. Needs a more confidential office.
c. Needs to move as much long term record storage as
possible to electronic format.
d. Needs accessible short term storage.
4. Troopers
a. Need to increase their space to facilitate 24 hour presence
and male/female officer needs (separate locker space).
5. Senior Account Clerk
a. Current space is adequate, but need to relocate conference
area to a separate location.
b. Needs functional accessibility to the Town Supervisor.
6. Code Enforcement
a. Current space is adequate.
b. Needs to move as many records as possible to electronic
storage.

7. Building Inspector
a. Current space is adequate.
b. Need to move long term records to electronic storage.
c. Needs accessible non-public storage.
8. Town Clerk

a. Current space is adequate.

b. Needs to move long term records to electronic storage.
c. Needs to cull existing storage.
d. Take the lead to immediately convert records management
to electronic systems for all departments. Departments to
have functional accessibility. This includes existing
inventory as well as ongoing process standardization.
9. General
a. Need a functional staff area (bathroom, lunch area).
b. Need a general conference room to house approximately
8-10 people.
c. Need storage (excess file cabinets etc.) to be in non
publicly visited area.
d. Need equipped office space for Town Board members
(desk, phone, file cabinet, and computer).
In conclusion it would be this group’s recommendation that the Town Board form a new committee for the engineering and financial processes that would be the next step if the Town Board decides to proceed with this endeavor. It was a pleasure for the members of this community to come together to work on what may be an exciting new project for the Town of Walworth. Thank you.

Respectfully submitted 3/6/08,
The Town Complex Study Group,
Suzi Hawkins-Mance
Tom Yale
Tina Burmeister
Patti Holdraker
Marettta Kingsley
Kelly Mohr
Aimee Phillips
Pat Schmitt
Dawn Schwind
Bob Turcotte

Councilman Yale commented that as a member of this committee, he could state that the Committee put in a tremendous amount of work, thought, and research - and did it in a very objective manner. He stated that he was very pleased to be a part of this committee and watch it in action. Councilman Yale suggested that the Town Board take this recommendation back and study it, and then at the next Town Board meeting more questions could be answered, if necessary. Supervisor Plant thanked the Committee members for their hard work.

Comment: Councilman Maciuska inquired why he did not see the Receiver of Taxes’ needs on this proposal; was she interviewed? Councilwoman Hawkins-Mance said, “Yes we did interview her, and her needs were adequate.” Councilman Yale stated that the Receiver of Taxes spatial needs were adequate; whether she was relocated or not was yet to be determined. Councilman Maciuska stated that he inquired because he would like the Town Board to have the conference room back, which is now occupied by the Receiver of Taxes. Councilman Yale stated that the envisage was just that; it should have been added to this proposal/report so that the room would again be available for its original purpose.

SMALL CITIES GRANT COMMENT:

Supervisor Plant explained to the public that the Small Cities Grant application was the same one as last year because there are specific requirements of what we can and cannot ask for under this grant. Home Leasing has proposed senior housing on Canandaigua Road, but they need sewer up there in order to make that happen. The grant request that the Town is applying for is to get sewer up to them. Supervisor Plant indicated that people should feel free to ask questions if they had them; there were none.

TOWN OFFICIAL REPRESENTATIVE AUTHORIZATION - RESOLUTION 20-08:
Councilman Yale offered Resolution 20-08 and moved its adoption.
Seconded by Councilwoman Marini to wit:
BE IT RESOLVED that the Supervisor of the Town of Walworth, Wayne County, New York, is hereby authorized as the official representative of the Town to execute and submit a Small Cities application to the administrative agency for the Fiscal Year 2008 program, all understandings and assurances contained therein, and is hereby directed and authorized to act in connection with the submission of the application and to provide such additional information as may be required.

Roll call vote:
Councilman Maciuska Aye
Councilwoman Marini Aye

                          Councilwoman Hawkins-Mance Aye
                          Councilman Yale Aye

Supervisor Plant Aye

Resolution carried.

HOUSING STRATEGY - RESOLUTION 21-08:
Councilman Yale offered the following Resolution 21-08 and moved its adoption.
Seconded by Councilwoman Marini to wit:

The following goals and objectives provide direction and focus to the Town of Walworth’s housing and neighborhood development efforts. Home to approximately 8,402 residents, 2900 households, and 234 renter households (2000 Census), the Town’s goals are consistent with current state and local community planning documents including the: Town of Walworth PC/Codebook; Town of Walworth Comprehensive Plan (amended 1-6 2005); New York State’s 2005-2010 Consolidated Plan; Wayne County Housing Survey for Older Persons; and Wayne County Comprehensive Plan – Public Opinion Survey.

Community and Housing Goals:
1. To preserve the rural characteristics of the community, including its scenic landscape features.
2. To provide for a diverse mix of housing opportunities including affordable and
accessible housing.
3. To provide additional affordable housing opportunities for the elderly including
accessible housing.

The Town of Walworth Comprehensive Plan (TWCP) Principles include;

· The Town’s highest density development is and should remain in the southern tier of the Town, including Gananda (page 19).

The TWCP development goals include:

· Encourage the development of a range of housing types, including affordable housing and housing designed for senior citizens (page 17).

Town of Walworth PC/Code: (Section 180-17 A.1) addresses each of these goals:

“This section specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design, and siting of dwellings and by the conversation and more efficient use of land in such developments.”

Objectives:
1. Pursue and utilize available Federal and State housing programs for the provision
of affordable rental and home ownership units for residents.

Town of Walworth PC/Codebook: Section 180-17 C:

“Developers may avail themselves of such State, Federal, and other housing programs as may be available to accomplish these objectives. “
2. Develop flexible zoning regulations, which permit affordable and diverse housing
opportunities.

Town of Walworth: Specifically Section 180-17 B.1 Planned Development:

“A maximum choice in the types of environment, occupancy tenure (e.g. cooperatives, individual ownership, condominium, leasing), types of housing, lot size and community facilities available not exiting and potential Town residents at all economic levels.”
3. Create housing opportunities to meet needs including affordable, handicapped-
accessible housing targeted to seniors.
4. Evaluate undeveloped parcels for suitability for affordable senior housing and
economic development.
5. Encourage development and construction of affordable housing for seniors on vacant land. Support development and construction of a Home Leasing Corporation’s property - a rectangular parcel approximately 7.40 acres (part of Tax
Parcel 062.114-00-162.129), located south of the intersection of Canandaigua Road
and Route 441 (Walworth-Penfield Road) in Gananda, Town of Walworth into
affordable senior housing (Gananda Senior Apartments).
This housing resolution was approved on this 6th day of March, 2008.

Roll call vote:
Councilman Maciuska Aye
Councilwoman Marini Aye

                          Councilwoman Hawkins-Mance Aye
                          Councilman Yale Aye

Supervisor Plant Aye

Resolution carried.

SENIOR HOUSING - RESOLUTION 22-08:
Councilman Yale offered the following Resolution 22-08 and moved its adoption.

Seconded by Councilwoman Marini to wit:

WHEREAS, Home Leasing Corporation (“HOME LEASING “) intends to develop and construct affordable senior housing on a rectangular parcel approximately 7.40 acres (part of Tax Parcel 062.114-00-162.129), located south of the intersection of Canandaigua Road and Route 441 (Walworth-Penfield Road), located in Gananda, Town of Walworth (the “Project”); and
WHEREAS, in furtherance of the Project, HOME LEASING will sponsor a to-be-formed Housing Development Fund Corp. (“HDFC”) pursuant to the Not-For-Profit Corporation Law and Article XI of the Private Housing Finance Law (“PHFL”) of the State of New York; and
WHEREAS, HDFC will serve as a general partner of a to-be-formed limited partnership intended to be named Gananda Senior Housing, L.P. (the “Partnership”), the beneficial and equitable owner of the Project, and will hold fee title to the land upon which the Project will be situated (the “Land”); and
WHEREAS, Section 577 of the PHFL authorizes the Town Board to exempt the Land and the Project from real property taxes; and

WHEREAS, the Partnership will be willing to enter into a Payment In Lieu Of Taxes Agreement, substantially in the form attached hereto as Exhibit A, whereby it will make annual payments in lieu of taxes to the Town of Walworth (the “Agreement”). The Partnership shall make a payment in lieu of taxes in an amount equal to $300 per each rental unit within the Project. For each subsequent year through year thirty in the PILOT Period, the Partnership shall make a payment in lieu of taxes equal to the amount of the previous year’s payment in lieu of taxes and an annual increase of 2%); and
WHEREAS, as permitted by Section 577 of the PHFL and to make the Project economically feasible, the Town Board is willing to exempt the Land and the Project from real property taxes for a period of thirty (30) years, subject to execution and delivery of the Agreement;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board:

Section 1. As permitted by Section 577 of the PHFL, the Town Board hereby (a) exempts the Land and the Project from real property taxes, for a period of thirty (30) years commencing with the first tax year following completion of the Project, and (b) approves the proposed Payment In Lieu Of Taxes Agreement between the Town of Walworth, Gananda Senior Housing, L.P. (or the project’s to-be-formed limited partnership), and Gananda Housing Development Fund Corp. (or the project’s to-be-formed HDFC), substantially in the form attached hereto as Exhibit A.
Section 2. The Town of Walworth will collect all payments made pursuant to the Agreement, on behalf of the taxing jurisdictions and will distribute such payments one-third to the county and one-third to the school district, retaining one-third for town purposes.
Section 3. The Supervisor of the Town of Walworth is hereby authorized to execute and deliver the Agreement on behalf of the Town of Walworth.
Section 4. This resolution shall take effect immediately, this 6^th day of March, 2008.

EXHIBIT A

FORM OF PAYMENT IN LIEU OF TAXES AGREEMENT
Gananda Senior Housing 7.40 acres of (part of parcel 062.114-00-162.129)

PAYMENT IN LIEU OF TAXES AGREEMENT

This Agreement is made as of the 6th day of March, 2008, by and among the TOWN OF WALWORTH, a municipal corporation organized and existing under the laws of the State of New York (the “Town”), GANANDA SENIOR HOUSING, L.P., a limited partnership organized and existing under the laws of the State of New York (the “Partnership”), and GANANDA HOUSING DEVELOPMENT FUND CORP., a corporation organized pursuant to the Not-For-Profit Corporation Law and Article XI of the Private Housing Finance Law of the State of New York (the “Housing Development Fund Company”);
WHEREAS, the Housing Development Fund Company is the owner in fee simple and the Partnership is the beneficial and equitable owner of certain improved real property located rectangular parcel approximately 7.40 acres (part of Tax Parcel 062.114-00-162.129), located south of the intersection of Canandaigua Road and Route 441 (Walworth-Penfield Road) in Gananda, Town of Walworth (the “Property”), NY; and
WHEREAS, the Housing Development Fund Company is a general partner of the Partnership; and
WHEREAS, the Housing Development Fund Company obtained title to the Property for the purpose of developing, through the Partnership, housing for low income seniors, pursuant to Article XI of the Private Housing Finance Law of the State of New York (the “PHFL”); and
WHEREAS, the Partnership was formed in order to facilitate the development of the Project by Home Leasing Corporation (the “Sponsor”); and
WHEREAS, during the term of this Agreement, the rents to be charged for apartment units in the Project may be no greater than those permitted by the New York State Division of Housing and Community Renewal pursuant to the Low-Income Housing Tax Credit provisions of Section 42 of the United States Internal Revenue Code, as amended, and State Low-Income Housing Tax Credit, and
WHEREAS, in order to make the Project economically feasible for the Partnership, it is necessary to obtain tax relief from the Town on the real property in the Project, while still providing payments to the Town and the County to compensate for services provided by them which are utilized by the Project; and
WHEREAS, the Town wishes to grant the Partnership such tax relief as permitted by Section 577 of the PHFL; and
WHEREAS, on March 6, 2008, the Town Board of the Town duly adopted a Resolution granting a real property tax exemption to the Property under Section 577 of the PHFL, and authorizing the Supervisor of the Town to enter into a Payment in Lieu of Taxes Agreement with the Partnership and the Housing Development Fund Company providing for payments as set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants herein described, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows:
1. Grant of Exemption. As permitted by Section 577 of the PHFL, the Town hereby grants to the Partnership an exemption from all real property taxes, other than assessments for local improvements, during the PILOT Period, as defined below.
2. Property to Which Exemption Applies. The property to which the above exemption applies is that rectangular parcel, approximately 7.40 acres (part of Tax Parcel 062.114-00-162.129), located south of the intersection of Canandaigua Road and Route 441 (Walworth-Penfield Road), Walworth, New York, together with all improvements thereon (the “Property”).
3. Term of Exemption. The exemption provided under this Agreement shall become effective on the first tax status date following completion of the Project, as evidenced by the issuance of a certificate of occupancy for the Project, and continue for a term of thirty (30) years thereafter, unless terminated sooner pursuant to Section 6, below (the “PILOT Period”).
4. Payment in Lieu of Taxes (PILOT). Notwithstanding the foregoing, during the Project’s construction and prior to its completion, the Partnership shall make annual payments in lieu of taxes equivalent to the taxes as of the date of this Agreement. During the first year of the PILOT Period, the Partnership shall make a payment in lieu of taxes in an amount equal to $300 per each rental unit within the Project. For each subsequent year in the PILOT Period, the Partnership shall make a payment in lieu of taxes payment equal to the amount of the previous year’s payment in lieu of taxes payment, plus two percent (2%) (each such payment, as annually increased, shall be known as a “PILOT Payment”). A schedule setting forth each PILOT Payment is attached hereto as Schedule A. Prior to the completion of construction of the Project (as evidenced by the issuance of a certificate of occupancy for the Project), the Partnership shall not be required to make a PILOT Payment.
The Town will receive each PILOT Payment on behalf of the taxing jurisdictions. It will forward one-third of each such payment to the County and one-third to the School District. Each PILOT Payment shall be made on or before March 31 of each year, commencing in the first year of the PILOT Period. Late payments will be subject to the same late charges as imposed on the collection of taxes.

5. Regulation of Rents. During the term of this Agreement, the rents to be charged for apartment units in the project shall be no greater than those permitted by the New York State Division of Housing and Community Renewal pursuant to the Low-Income Housing Tax Credit provisions of Section 42 of the United States Internal Revenue Code, as amended and State Low-Income Housing Tax Credit provisions.
6. Termination of PILOT. In the event that the Partnership fails to make a PILOT Payment as required by this Agreement for two (2) consecutive years, this Agreement shall terminate, the exemption hereunder shall cease, and the improvements shall be placed on the assessment roll by the Assessor of the Town of Walworth. Further, if the owner seeks to change the senior age restriction, the Town has the right to reconsider the PILOT.

Schedule A Payment of Lieu of Taxes (PILOT)

Year

PILOT Payment

1

18,600

2

18,972

3

19,351

4

19,738

5

20,133

6

20,536

7

20,947

8

21,366

9

21,793

10

22,229

11

22,673

12

23,127

13

23,589

14

24,061

15

24,542

16

25,033

17

25,534

18

26,044

19

26,565

20

27,097

21

27,639

22

28,191

23

28,755

24

29,330

25

29,917

26

30,515

27

31,126

28

31,748

29

32,383

30

33,031

IN WITNESS WHEREOF, the undersigned have set unto their hands this 6th day of March, 2008.

Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
                          Councilwoman Hawkins-Mance Aye
                          Councilman Yale Aye
Supervisor Plant Aye
Resolution carried.

RADAR SIGNS DISCUSSION – GANANDA SCHOOL:
Supervisor Plant presented a request from Gananda School District and the Town of Macedon regarding radar speed signs in three locations along Waterford Road. He supplied Council members with proposed site locations and a quote for four radar signs and explained that three radar signs were proposed at this time. Supervisor Plant commented that they have requested that the Town of Walworth provide the funding for one of radar speed signs. Discussion ensued concerning site locations, existing signs and Town lines. Councilwoman Hawkins-Mance expressed her concern for Town liability.

Motion by Councilman Yale that the Town is opposed to the installation of the radar speed signs, and at this point, the Town has no knowledge of any statistics that show these increase safety; the implication is just the opposite - that they may be a deterrent to motorists’ attention to the road and may cause a safety hazard to the children instead.
Seconded by Councilman Maciuska.

Discussion: Councilman Maciuska stated that it surprised him that they were not addressing what would happen on Wildflower, near the Middle School; there were crosswalks there, also - and kids walk there without a crossing guard. Councilman Maciuska stated that he thought they needed to put together a better plan. Supervisor Plant stated that the Town of Walworth paid half the cost for a crossing guard, but he wasn’t sure if that opened up liability to the Town of Walworth, if something happened to the crossing guard or because of the crossing guard. Councilwoman Marini stated that we were mandated by the State to provide a crossing guard. Supervisor Plant corrected her by saying we are not, the Town it is located in is; the crossing guard is located in the Town of Macedon.

Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
                          Councilwoman Hawkins-Mance Aye
                          Councilman Yale Aye
Supervisor Plant Aye

Motion carried.

PROPOSED LOCAL LAW NO. 3 OF THE YEAR 2008 - RESOLUTION 18-08:

Councilwoman Hawkins-Mance offered the following Resolution 18-08 and moved its adoption. Seconded by Councilwoman Marini to wit:

BE IT RESOLVED, that Local Law No. 3 of the year 2008, entitled “A Local Law amending the code relating to ”ZONING, ARTICLE V, SUPPLEMENTARY REGULATIONS; THAT AMENDING SUBDIVISION E of CHAPTER 180-21 ENTITLED “ACCESSORY BUILDINGS” is hereby AMENDED TO ADD ‘SUBPARAGRAPH (a)’ to the Town of Walworth Municipal Code” is introduced before the Town Board of the Town of Walworth in the County of Wayne in the state of New York, and
BE IT FURTHER RESOLVED that copies of the aforesaid proposed Local Law be laid upon the desk of each member of the Town Board, and
BE IT FURTHER RESOLVED that the Town Board hold a Public Hearing on said Proposed Local Law at the Town Hall, 3600 Lorraine Drive, in the Town of Walworth, New York at 7:45 PM on March 20, 2008, and
BE IT FURTHER RESOLVED that the Town Clerk publish or cause to be published a public notice in the official newspaper of the Town of said public hearing at least ten (10) days prior thereto.

Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
                          Councilwoman Hawkins-Mance Aye
                          Councilman Yale Aye
Supervisor Plant Aye
Resolution carried.

CAREY LAKE, LLC FIREWORKS RESOLUTION 24-08:
Councilman Yale offered the following Resolution and moved its adoption.
Seconded by Councilwoman Marini to wit:

WHEREAS, that the Town of Walworth recognizes the need to encourage and foster existing businesses within the Town. As such, the Town recognizes that Carey Lake, LLC, operates a party and banquet facility located within the Town; and

WHEREAS, the property on which the business is located has very unique characteristics not found on other properties within the Town; and

WHEREAS, the property is 210 acres of mostly undeveloped land with a large body of water; and

WHEREAS, the property is located in a relatively low developed portion of the Town on Route 441 and is readily accessible and open to the public at large; and

WHEREAS, Carey Lake, LLC has contracted with Young Explosives Corporation for fireworks displays for the past 6 years. The displays are requested/contracted for activities such as wedding parties being held at the banquet house but have been available for general public enjoyment by anyone in the public wishing to view; and

WHEREAS, the unique nature of the property affords public safety not readily available at other properties within the Town during the displays;

NOW, THEREFORE, BE IT RESOLVED, that both parties have made it known to the Town Council that they wish to continue the contractual relationship;

BE IT RESOLVED, that given the unique property characteristics, its location available for general public enjoyment, the willingness of Carey Lake, LLC to publicly post notice in its restaurant and Town Hall regarding dates and times of displays, and provide copies of appropriate insurances to the Town Clerk, it is resolved that the Town of Walworth acknowledges the existence of and generally approves of such contractual relationship between these two parties in the year 2008.

Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
                          Councilwoman Hawkins-Mance Aye
                          Councilman Yale Aye
Supervisor Plant Aye
Resolution carried.

Councilman Yale asked that the Town Clerk forward a copy of said Resolution to Mr. Carey of Carey Lake, LLC.

INTERSECTION LIGHTS DISCUSSION:
Supervisor Plant asked Mike Frederes, Highway Superintendent, if he would provide the Town Board with his recommendation of the intersections he felt would be beneficial for the Town to add lights to that don’t have them. Susie Jacobs, Town Clerk commented that she had supplied Supervisor Plant with copies of the records for intersection lights in the Town.

MEMORIAL TREE FUND TEMPORARILY HALTED:
Supervisor Plant requested that the Memorial Tree Program be temporarily halted until the Town was finished with Town Complex issues. He explained that this was so the Town did not end up planting a tree in a location that would have to be dug up two years from now.

Motion by Councilman Yale to temporarily halt the Memorial Tree Program.
Seconded by Councilwoman Marini.

Adopted: Vote Ayes 5 Nays 0

WINDOW CLEANING DISCUSSION:
Supervisor Plant stated that he had received three prices for window cleaning for the Town Hall. He had reviewed them, and All Seasons was still the least expensive.

Motion by Councilwoman Hawkins-Mance authorizing the Supervisor to sign the contract with All Seasons Window Cleaning Company for window cleaning services for the year 2008, at a cost not to exceed $948.00.
Seconded by Councilman Yale.
Adopted: Vote Ayes 5 Nays 0

LEO ROTH CONTRACT RENEWAL:
Motion by Councilman Maciuska authorizing the Supervisor to sign the contract renewal with Leo J. Roth Corporation for the period of April 1, 2008, through March 31, 2009, for an amount not to exceed $2,894.00.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0

RESOLUTION 19-08:
Councilwoman Marini offered the following Resolution 19-08 and moved its adoption. Seconded by Councilwoman Hawkins-Mance to wit:
WHEREAS, the New York State Legislature approved a bill to establish minimum training requirements for municipal planning and zoning officials. The legislation requires a minimum training standard of four (4) hours annually for members of local Planning Boards, Zoning Boards of Appeal and County Planning Board; and
WHEREAS, the Walworth Town Board supports the education of our employees and board members;
NOW, THEREFORE, BE IT RESOLVED that all Town Planning and Zoning Board members shall be required to meet or exceed the minimum training standard of four (4) hours by December 31, each year, and submit written documentation of completion of said training to the Supervisor. Training sessions will be available in the Wayne County and Monroe County area. Failure to comply with the minimum training requirement will be deemed to be a resignation from the Planning Board or Zoning Board of Appeals.

Discussion: Councilman Maciuska inquired if this Resolution would be made available to each of the Board members. Councilman Yale stated that, being this is a condition of employment, he would like acknowledgement of receipt of Resolution from board members.

Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
                          Councilwoman Hawkins-Mance Aye
                          Councilman Yale Aye
Supervisor Plant Aye
Resolution carried.

MS4 PRESENTATION:
Supervisor Plant stated that there would be an MS4 presentation on Wednesday, April 23, 2008, at 7:00 PM, provided by the DEC. He encouraged all Council members to attend. Councilman Yale asked that Susie Jacobs, Town Clerk, provide necessary notifications.

AREA CODE 315 DISCUSSION:
Supervisor Plant advised of posting a posting in the Town Clerk’s office, from the NYS Public Service Commission regarding proceedings to investigate and evaluate options for making additional central office codes available in the 315 area code region. Copies are available for anyone interested.

GRATITUDE AND APPRECIATION TO EMPLOYEES:
Supervisor Plant expressed his gratitude and appreciation to Phil Williamson, Code Enforcement Officer, for a fine job in repairing the weather stripping on the Town Complex doors, saving the Town $400.00 - $500.00. Councilwoman Marini also thanked employees for stepping forward with painting and general handy responsibilities.

RECREATION COMMITTEE APPOINTMENT:
Councilwoman Marini stated that we presently had an opening, and Jacqueline Van Lare was recommending that Katrina Chellis be appointed to the Recreation Committee for the unexpired term ending December 31, 2009.

Motion by Councilwoman Marini recommending Katrina Chellis be approved and appointed to the Recreation Committee for the unexpired term ending December 31, 2009.
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.

AUTHORIZATION FOR SUPERVISOR TO NEGOTIATE WITH ATTORNEY:
Motion by Councilwoman Marini authorizing the Supervisor to enter into negotiations with an Attorney on personnel issues.
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.

SIT WITH THE SUPERVISOR:
Supervisor Plant reminded everyone of the Sit with the Supervisor session on Saturday, March 8, 2008, at 9:00 AM, at the Lincoln Fire Department.

PROPOSED LOCAL LAW NO. 2 OF THE YEAR 2008 - CHAPTER 56-8 ENTITLED “REDEMPTION OF SEIZED DOGS; FEES; DISPOSITION OF UNREDEEMED DOGS” THAT AMENDED BY DELETING AND REPEALING CHAPTER 56-8 SHALL NOW AMEND THE TOWN OF WALWORTH MUNICIPAL CODE:
Discussion took place between Supervisor Plant and Council members with clarification on the Public Hearing date and time for the proposed Local Law No.2. of the year 2008. Council members decided to hold the Public Hearing later than the published Legal Notice, being March 6, 2008, at 8:00 PM.

Susie Jacobs, Town Clerk, stated that the notice for proposed Local Law No.2 was duly published in the Town’s official newspaper with the heading Public Notice with the Legal Notice information.

Motion by Councilman Yale to waive the reading of the Public Notice.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0

Supervisor Plant declared the Public Hearing opened.
Time: 8:45 PM.

No comments were heard from the public.

Motion by Councilman Yale to close the Public Hearing.
Seconded by Councilwoman Hawkins-Mance.
Time: 8:47 PM

ADOPTION:
Councilwoman Hawkins-Mance offered the following Resolution 23-08 and moved its adoption. Seconded by Councilman Yale to wit:

LOCAL LAW NO. 2 OF THE YEAR 2008

§ 56-8. Redemption of seized dogs; fees; disposition of unredeemed dogs. [Amended 4-3-1986 by L.L. No. 3-1986; 9-1-1994 by L.L. No. 1-1994; 6-1-2000 by L.L. No. 2-2000]

A. Every dog seized shall be properly fed and cared for at the expense of said Town until disposition thereof is made as herein provided. In the event that a dog seized bears a license tag, the Dog Control Officer shall ascertain the owner of the dog and shall give immediate notice, in writing, by certified mail, return receipt requested or personal service on a person living at that address or by notice being tacked on the door of the residence and a copy mailed to the address, stating that the dog has been seized and the dog will be destroyed unless redeemed within the period hereinafter provided.

B. The owner of a dog seized while bearing a license tag may redeem the dog within five days of personal notification of the seizure of the dog; however, if notice to the owner of the seizure is given by mail, the owner of the dog seized may redeem the dog within seven days of the service of such notice. If notice is sent by mail, it shall be sent by certified or registered mail, return receipt requested. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $25 as a result of the seizure, a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period and a fee in the amount of $20 per day for each day beginning the day of seizure.

C. In the event that the dog seized does not bear a license, the owner of the dog seized may redeem the dog within three days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the Agricultural and Markets Law. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $25 as a result of the seizure; a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period; and a fee in the amount of $20 per day for each day beginning the day of seizure, plus a license fee and penalties prescribed by law for an unlicensed dog.

D. For a second impoundment of any dog owned by the same owner within a one-year period, the animal control officer shall, upon determination and identification of the dog, seize and take into custody said dog and serve, deliver or mail the notice of second violation in the same manner as set forth in Subsections B and C above. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $50 as a result of the seizure; a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period and a fee in the amount of $40 per day for each day beginning the day of seizure, plus a license fee and penalties prescribed by law for an unlicensed dog.

E. For a third and any subsequent impoundment of any dog owned by the same owner, within a one-year period, the animal control officer shall, upon determination and identification of the dog, seize and take into custody said dog and serve, deliver or mail the notice of third or any subsequent violation in the same manner as set forth in Subsections B and C above. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $75 as a result of the seizure; a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period and a fee in the amount of $50 per day for each day, beginning the day of seizure, plus a license fee and penalties prescribed by law for an unlicensed dog.

F. If any dog so seized is not redeemed in the time hereinbefore set forth, the owner shall forfeit all title to the dog and the dog shall be sold by the Town or destroyed. In case of sale, the purchaser may pay the cost of seizure to the Town Clerk and obtain a license for such dog. In case the dog shall be destroyed, the animal control officer or officer who destroys the dog shall immediately dispose of the carcass and make a written report of such destruction and disposition to the Town Clerk, who shall keep a record thereof. The owner of a dog so destroyed shall pay the Town Clerk the impoundment fees in Subsections B and C herein and the cost of destruction of such dog, and such cost may be recovered by the Town in a civil action brought in the name of the Town before a Town Justice in the Town of Walworth.

G. The destruction of any dog seized by the animal control officer or law enforcement officer as herein provided shall be accomplished by approved humane methods. No dog seized shall, be sold or surrendered to any person, firm, organization or institution for experimental use.

H. The impoundment fees as set forth in this chapter shall be set from time to time, by resolution of the Town Board of the Town of Walworth.

Discussion: Councilman Maciuska stated that like everything else, prices have to go up. It is costing the Town more to house a dog when it is picked up, so the Town has to be able to pass that cost on to the owner of the animal.

Roll call vote: Councilman Maciuska Aye
Councilwoman Marini Aye
                          Councilwoman Hawkins-Mance Aye
                          Councilman Yale Aye
Supervisor Plant Aye

Resolution carried.

ADJOURNMENT:
Motion by Councilman Yale to adjourn.
Seconded by Councilwoman Marini and unanimously carried.

Time: 8:48 PM.

Respectfully Submitted,

Susie C. Jacobs
Town Clerk

Att. G)

MARCH 10, 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, Jason Ruffell (entered 7:59PM) and Stephen Tobin, Superintendent of Water Utilities Robert Wykle, Building Inspector/Code Enforcement Officer Edward Collins, Director of Recreation & Parks William Riddell, Accounting Supervisor Lois Buckalew, Sole Assessor Christine Luteyn, Library Director Sandra Hylen, Dog Control Officer Mark Plyter, Attorney for the Town Alan Knauf and Town Clerk Debra Kloiber.

Absent: Superintendent of Highways Jerry Santangelo

Seven residents and visitors were present at portions of the meeting.

Mr. Kelsch 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: under new business - add approval for Town Officials to attend the 8^th Annual Finance School on May 7- 9 and adjourn into an executive session for a personnel matter.
4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

Comments from the Public – Mr. Craig Litt asked some questions on the Agricultural District. A brief discussion followed. Mrs. Joan Stark asked where the AED’s are located for the new community center. Mr. Riddell commented that there is one in the main building in the office/lobby area. Mrs. Stark recommended that one AED be added to each of the other two end buildings in the future.

Approval of Minutes - A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the minutes as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

Correspondence – The Town Clerk received the following correspondence: A memo from the Wayne County Planning Department reporting that the Countywide Geographic Information System (GIS) Needs Assessment and Conceptual System Design Reports and Implementation Plan have been completed and adopted by the Wayne County Board of Supervisors.

A motion was made by Mr. Switzer, seconded by Mrs. Smith, to accept and file the correspondence.
4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

Attorney for the Town Report – Mr. Knauf reported that the tax assessment cases are well underway and the DKR appraisal is moving along. He and Mr. Kelsch met with Jim Oberst, Ken Applin, Bob Fenn and Jerry Santangelo on the Landfill Closure Project. A brief discussion followed.

Department Head Reports -
Superintendent of Water Utilities – A motion was made by Mr. Switzer, seconded by Mrs. Smith, to accept the February 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 February 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 February 2008 report as presented. 4 Ayes 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 February 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. Switzer, to accept the February 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 February 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 February 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 February 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

Watershed Management Advisory Council – A motion was made by Mr. Switzer, seconded by
Mrs. Smith to accept the February 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

Mr. Switzer announced that the Watershed Management Advisory Council meeting for March 19 is changed to Tuesday, March 18, 2008 at 4:00PM at the Water Utilities Department, 2200 Lake Road due to a scheduling conflict.

Economic Development Department - A motion was made by Mr. Kelsch, seconded by Mr. Switzer
to accept the February 2008 report as presented. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

New Business – A motion was made by Mr. Switzer, seconded by Mr. Tobin, to authorize the Superintendent of Highways and the Highway Crew Chief to attend the Annual Highway School to be held June 2-4, 2008 at Cornell University in Ithaca, NY with all actual and necessary expenses at a cost not to exceed $700.00 to be a town charge as requested by the Superintendent of Highways in memo #08-11. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Switzer, seconded by Mr. Tobin, to authorize the Superintendent of Highways to change job assignments within the Highway Clerical staff with the relocation of Watershed from the Highway Department to the Water Utilities Department effective March 10, 2008 as requested by the Superintendent of Highways in memo #08-12. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Kelsch, seconded by Mrs. Smith, to award the bid for the 2008 Spring Cleanup, to be held May 8^th, 9^th and 10^th, to the lowest responsible bidder, Alpco Recycling, Inc., 846 Macedon Center Road, Macedon, NY for $59.00 per ton for solid materials, $180.00 per ton for tires and $22.00 per Freon unit, as recommended by the Superintendent of Highways in memorandum #08-13. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the revision of Capital Project H75-07, Water, Sewer and Road Improvements along Timothy Lane with an increase of $100,000.00 as requested by the Superintendent of Water Utilities in memo #18-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Switzer, seconded by Mr. Tobin, to authorize the Town Board/Board of Water Commissioners to award the bid for Road/Storm Sewer Improvements on Timothy Lane H75-07 to the lowest responsible bidder, 104 Contractors, Inc., PO Box 46, Union Hill, NY for $225,275.00 and execute the contract documents and Notice to Proceed as requested by the Superintendent of Water Utilities in memo #19-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Switzer, seconded by Mr. Tobin, to authorize the Town Board/Board of Water Commissioners to award the bid for general construction of the New Wastewater Treatment Plant Entrance Unit, Capital Project H76-07, to the lowest responsible bidder, Villager Construction, 425 Old Macedon Center Road, Fairport, NY for $797,500.00 and for the electrical bid to Conner Haas, 6337 Dean Parkway, Ontario, NY, the lowest responsible bidder and execute the contract documents as requested by the Superintendent of Water Utilities in memo #20-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the revision of Capital Project H76-07, Waste Water Treatment Plant Entrance Unit with an increase of $118,500.00 as requested by the Superintendent of Water Utilities in memo #21-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Tobin, seconded by Mrs. Smith, to authorize the supervisor to approve the contract with Casco Security for Fire and Security Alarm Systems for the Community Center at a cost not to exceed $29,177.00, as recommended by the Director of Parks and Recreation and the Code Enforcement Officer/Building Inspector in memo #PR09-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Tobin, seconded by Mrs. Smith, to schedule a public hearing on April 14, 2008 at 7:00 PM in the Ontario Town Hall meeting room, 1850 Ridge Road to consider enactment of proposed Local Law # 2 of 2008 which would amend the Town of Ontario Zoning Law, Town Code Chapter 150, and to direct the Town Clerk to post and publish the legal notice of public hearing. 4 Ayes 0 Nays
1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Switzer, seconded by Mr. Tobin, to authorize Town Officials to attend the Eighth Annual Town Finance School in Rochester, NY May 7-9, 2008 at the Woodcliff Hotel with all actual and necessary expenses to be a town charge. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

Budget Transfers/Adjustments - A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the following budget transfers and adjustments:
General Fund: transfer $19,500.00 from A5650.4 to A5010.1
General Fund: transfer $22,000.00 from A5132.2 to A5132.4
Sewer Fund: transfer $70,000.00 from SS8130.2 to H76-07-8130.202
Sewer Fund S2: increase 960/Expense Capital Project H76-07-8130.202 (construction) $48,500.00 from 599/appropriated fund balance. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

Appointments/Resignations –A motion was made by Mr. Switzer, seconded by Mr. Tobin, to appoint Steve Amsler to the position of Highway Crew Chief, at an hourly rate of $20.67, effective March 6, 2008 as requested by the Superintendent of Highways in memo #08-14. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Tobin, seconded by Mr. Switzer, to re-appoint Dan Patterson to the Board of Assessment Review for a term from October 1, 2007 until September 30, 2012 as recommended by the Sole Assessor. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

A motion was made by Mr. Switzer, seconded by Mr. Tobin, to accept the resignation of Jesse Andrews, MEO/Laborer, from the Water Utilities Department, effective March 4, 2008, as requested by the Superintendent of Water Utilities in memo #16-2008. 4 Ayes 0 Nays 1 Absent (Ruffell) MOTION CARRIED

Reports by Town Board Members –
Mr. Tobin shared a Model Resolution in Support of Town Justice Courts for Town Board consideration at the next Town Board meeting.

Mr. Switzer commended the Highway Department for plowing while several crew members were ill during the last storm. He extended condolences to Dennis Coyle on the passing of his father. Get well wishes were extended to Donna Burolla on her recent accident. He noted attendance at an MS4 meeting with Mr. Wykle and that work is beginning at the Ontario Center and Route 350 retail center site.

Approval of Claims - A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the abstract of claims for March 10, 2008, including vouchers #532 through #668 with a grand total of $115,439.88 and to authorize the Supervisor to issue payments for same. 4 Ayes 0 Nays 1 Abstention (Ruffell) MOTION CARRIED

Executive Session - A motion was made by Mr. Tobin, seconded by Mr. Switzer, to move into an executive session at 8:01PM to discuss employment matters pertaining to two specific employees. 5 Ayes 0 Nays MOTION CARRIED

Reconvene – 9:06 PM

Adjourn - A motion was made by Mr. Ruffell, seconded by Mr. Switzer, to adjourn at 9:06 PM
5 Ayes 0 Nays MOTION CARRIED

Respectfully submitted,

Debra Kloiber
Ontario Town Clerk

The above minutes will become official upon approval of the town board.

Att. H)
WAYNE’S WORLD
Jason Carter (FE), President Julie Diffenderfer (OE), Internal VP Elizabeth Peters (FE), External VP Lisa Twitchell (HS), Treasurer Martha Hanley (FE), Secretary Doug Casey & Bob Berkowitz (HS), Retirement Delegates

President’s Message

Politics seems to be dominating the news lately. One of our senators from New York is running for president. Although Hillary Clinton’s name seems to pop up quite often in NYSUT publications, there have not been any official endorsements. NYSUT en dorsements for all state and federal races will be made this
curious to see where Paterson stands, is on the proposal to remove funding for School Resource Officers (SRO) from the state budget. Currently Wayne County has 6 school districts that take advantage of this funding and utilize the service of SROs. Wayne Central is one of them as we have our very own, New York State
August before the upcoming elections in November. We also have a new Governor of New York, David Paterson. NYSUT
NYSUT President Dick Iannuzzi said, “NYSUT has had a long and positive relationship with David Paterson as senator and as lieutenant governor, and we know he has the experience, credentials, and leadership to be an exemplary governor of New York.”
Trooper, Robert Chapman. He is a valuable resource to our
President Dick Iannuzzi said, “NYSUT has had a long and positive relationship with David Paterson as senator and as lieutenant governor, and we know he has the experience, credentials, and leadership to be an exemplary governor of New York.”
One issue where I am
district and it is important that the funding for SROs be kept in the state budget. This week you will find letters that were written to Senator Nozzolio, Assemblyman Oaks, and Governor Paterson asking to keep funding for School Resource Officers. Please take the time today to sign all three of these

A WTA Newsletter

letters as well as emailing Nozzolio, Oaks, and Paterson directly from NYSUT’s legislative action section on their website at www.nysut.org .
Thanks go out to Tom Siembor, who spent the first part of this week in Albany for Lobby Day, helping to get across our positions directly to state leaders. Beth Peters and I will be attending the NYSUT RA, April 9-12, where we will vote on a variety of resolutions and constitutional amendments, as well as NYSUT leadership positions which are all up for election. The WTA also has its leadership positions up for election this year. The first election is for officers. These nomination forms are in your mailbox now and are due March
28.
Enjoy the long weekend,
Jason Carter

Are You Ready to Go Digital?

February 17, 2009 is the deadline set by congress to switch from analog broadcasting to digital television. If you own an analog TV, which mainly relies on an antenna rather than cable or satellite to receive TV signals , you’ll either have to switch to a digital model or buy a converter box that changes the digital signal back to analog.
These converter boxes will range in cost from $50—$75.00 each. The federal government is helping to defray this cost by providing coupons. Households may request up to two $40.00 coupons to go toward the purchase of two converter boxes (1 coupon per box). The deadline to apply for these coupons is this month—MARCH
31st!!! You can call 1-888388-2009 or go on line at www.dtv.gov to request your coupons or get more information.
If you are a cable or satellite TV subscriber you will not be affected by this transition. If you are like me— act now and request 2 coupons, just incase your friend like me forgets!
March, 2008 Volume 6, Issue 7

Inside This Issue:

The 3 R’s: Remarks, Reminders, and Relief 2

Straight from Albany. . . 2

Family Feud Photo Gallery 2

NYSUT Member Benefits Trust 3

L E T’ S CELEBRATE !
Stork visit: OE -Stephanie Mordaci had a baby girl, Caroline Rose Mordaci, March 4th!
KUDOS to everyone who was involved with the Family Feud Basketball Game. Despite the weather, $1900 was raised for the WTA Scholarship Fund! The highest total in 5 years and the history of the Family Feud! Scott Partridge and Greg Geesler know how to organize one hot event! WTA thanks you especially for sharing your creativity and inspiration!

What do Miss Becky Walzer, Mr. Mike Lester, Ms. Jessica Kleindienst, Mr. Andy Struzik, Ms. Jackie Courtney, & Mr. Jay Gauthier all share in common? Recognition as teachers of influence from the senior boy’s B-Ball team!!!!!!

3rd Thursday: March 20th—3 for 1!!!!WTA Nominations, 403B forms, and SRO Letters! And don’t forget the donuts (Tiffany)!

Issues currently being discussed / explored:
• Monitoring implementation of law changes regarding tenure process.
• Part time staff and superintendent’s conference days.

Tom Siembor, WTA’s roving lobbyist, reporting on his recent trip to Albany states:
Gov. David Patterson is off to great start-looks like he’s going to shelf some of the controversial budget items Spitzer introduced. That may be a really good thing.
NYSUT reps were out in force and made a very professional and very concerted showing on Lobbying Day. Most legislators made time for us, unlike in the past, when we spoke to interns, like the rest of the lobbyists.
Property Tax Cap: a very controversial idea of Gov. Spitzer’s to cap
• OMNI distribution of 403 B funds
• Cancer screening release time
• Domestic partner agreements Issues acted upon/resolved:
• Reviewed suggested school calendar for 2008-09.
• Clarified concerns about tutoring as provided by staff.

Rule of thumb #46: “Be the change in the world that you want to see—become active in your union!”

Dates to Remember:
March 28th—WTA officer & At Large Negotiators nominations due.
March 31st—deadline to request digital TV coupons. April 9– 12th NYSUT RA in NYC
NYSUT Field Representative:
Jeff Trout (585)454-5550 jtrout@nysutmail.org Rochester Service Center/Union Place
30 N. Union St.—suite 302 Rochester, NY 14607

all property tax. This would result in a drop in revenue over time. Both Assemblyman Oaks and
Sen. Nozzolio are not in favor, but we are watching to see if Patterson renews this idea. NYSUT needs your help to challenge this idea. Tell your legislators to vote “No”. There are other ways to save money. Tax caps are already causing layoffs in Oswego County schools.
SRO’s : Fight the loss of SRO’s. It’s not to save money, it’s to put more uniformed police in urban
crime areas (Project Impact). We lose a valuable resource. Senator Nozzolio has stepped up and spoken out to keep SRO’s. Bob Oaks believes it is a shift of resources to urban areas from rural, and most of
his constituents are rural.
SUNY/CUNY issues, community colleges: NYSUT is working to create more full-time professors in these schools, and stop the flow of $$$ from the lottery away from education.
NYSUT is your union. There is strength in numbers-why else would Wal-Mart try so hard to bust the union?

Page 3 Wayne’s World

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Present:		Frank Maciuska Councilman
Patricia Marini
	Councilwoman
	Susie Jacobs	Town Clerk

Absent: Thomas Yale		Councilman
Suzi Hawkins-Mance
	Councilwoman

Roll call vote:
	Councilman Maciuska Aye
	Councilwoman Marini Aye


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.

Present:		Thomas Yale Councilman
	Frank Maciuska	Councilman
Patricia Marini
	Councilwoman
	Suzi Hawkins-Mance
	Councilwoman
	Susie Jacobs	Town Clerk

		Jacqueline Van Lare Recreation Director
	Karen Ambroz	Assessor
Carl Hewings Parrone Engineering

RECREATION – ALCOHOL USE CHARLIE SCOTT – GINEGAW PARK
Jacqueline Van Lare, Recreation Director, presented an Alcohol Permit for Charlie Scott on Saturday, August 2, 2008.

Motion by Councilwoman Marini authorizing the issuance of an Alcohol Use Permit in the Park for beer and wine coolers to Charlie Scott on Saturday, August 2, 2008.

ASSESSOR – SURPLUS EQUIPMENT
Karen Ambroz, Assessor, requested that Council members declare surplus a Soyata Computer Tower, Serial No. HJM97-MPPKR-6GCHQ-4QKQ2-66F36, that was in the Library; it no longer functions.

Motion by Councilman Yale to declare the Soyata Computer, Serial No. HJM97-MPPKR-6GCHQ-4QKQ2-66F36, Surplus Equipment.
Seconded by Councilwoman Hawkins-Mance.

TOWN CLERK –
Susie Jacobs, Town Clerk, thanked the employees who participated in the “Give Daffodils, Give Hope” fundraiser. She stated that flowers ordered would be delivered on March 10, 2008, from The American Cancer Society, and all proceeds would help in the fight against cancer.

SEWER COMMITTEE
Councilman Maciuska reported that the Sewer Committee is continuing negotiations with a potential employee.

TOWN COMPLEX STUDY GROUP
Councilwoman Hawkins-Mance explained that last year the Supervisor formed a Town Complex Study Group with ten members. The charge of this group was to study the Town Complex to determine if additional space might be needed in the foreseeable future. The group began its meetings on August 29, 2007, and through numerous meetings met with representatives from all the shareholders in the Town Complex, including the State Troopers. The conclusion of the group was that:

1.	More space is needed.
2.	The Library and Recreation Department should be moved to a new facility in close proximity to the main Town Complex.
3.	The Town Clerk needs to take immediate action to facilitate movement of existing records to electronic storage.
4.	There is a need to reassign space vacated by the Library and Recreation Department to better meet the needs of the remaining occupants of the Town Complex, the specifics of which are contained in the document provided to the Town Board.
5.	It would be this group’s recommendation to create a new committee whose charge would be to address the financial plan for implementation of the specifics.


Following is the Town Complex Study Group’s extensive proposal as presented to Town Board members:


	This Agreement is made as of the 6th day of March, 2008, by and among the TOWN OF WALWORTH, a municipal corporation organized and existing under the laws of the State of New York (the “Town”), GANANDA SENIOR HOUSING, L.P., a limited partnership organized and existing under the laws of the State of New York (the “Partnership”), and GANANDA HOUSING DEVELOPMENT FUND CORP., a corporation organized pursuant to the Not-For-Profit Corporation Law and Article XI of the Private Housing Finance Law of the State of New York (the “Housing Development Fund Company”);

WHEREAS, the Housing Development Fund Company is the owner in fee simple and the Partnership is the beneficial and equitable owner of certain improved real property located rectangular parcel approximately 7.40 acres (part of Tax Parcel 062.114-00-162.129), located south of the intersection of Canandaigua Road and Route 441 (Walworth-Penfield Road) in Gananda, Town of Walworth (the “Property”), NY; and
WHEREAS, the Housing Development Fund Company is a general partner of the Partnership; and
WHEREAS, the Housing Development Fund Company obtained title to the Property for the purpose of developing, through the Partnership, housing for low income seniors, pursuant to Article XI of the Private Housing Finance Law of the State of New York (the “PHFL”); and
WHEREAS, the Partnership was formed in order to facilitate the development of the Project by Home Leasing Corporation (the “Sponsor”); and
WHEREAS, during the term of this Agreement, the rents to be charged for apartment units in the Project may be no greater than those permitted by the New York State Division of Housing and Community Renewal pursuant to the Low-Income Housing Tax Credit provisions of Section 42 of the United States Internal Revenue Code, as amended, and State Low-Income Housing Tax Credit, and
WHEREAS, in order to make the Project economically feasible for the Partnership, it is necessary to obtain tax relief from the Town on the real property in the Project, while still providing payments to the Town and the County to compensate for services provided by them which are utilized by the Project; and
WHEREAS, the Town wishes to grant the Partnership such tax relief as permitted by Section 577 of the PHFL; and
WHEREAS, on March 6, 2008, the Town Board of the Town duly adopted a Resolution granting a real property tax exemption to the Property under Section 577 of the PHFL, and authorizing the Supervisor of the Town to enter into a Payment in Lieu of Taxes Agreement with the Partnership and the Housing Development Fund Company providing for payments as set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants herein described, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows:

	1. Grant of Exemption. As permitted by Section 577 of the PHFL, the Town hereby grants to the Partnership an exemption from all real property taxes, other than assessments for local improvements, during the PILOT Period, as defined below.

	2. Property to Which Exemption Applies. The property to which the above exemption applies is that rectangular parcel, approximately 7.40 acres (part of Tax Parcel 062.114-00-162.129), located south of the intersection of Canandaigua Road and Route 441 (Walworth-Penfield Road), Walworth, New York, together with all improvements thereon (the “Property”).

	3. Term of Exemption. The exemption provided under this Agreement shall become effective on the first tax status date following completion of the Project, as evidenced by the issuance of a certificate of occupancy for the Project, and continue for a term of thirty (30) years thereafter, unless terminated sooner pursuant to Section 6, below (the “PILOT Period”).

	4. Payment in Lieu of Taxes (PILOT). Notwithstanding the foregoing, during the Project’s construction and prior to its completion, the Partnership shall make annual payments in lieu of taxes equivalent to the taxes as of the date of this Agreement. During the first year of the PILOT Period, the Partnership shall make a payment in lieu of taxes in an amount equal to $300 per each rental unit within the Project. For each subsequent year in the PILOT Period, the Partnership shall make a payment in lieu of taxes payment equal to the amount of the previous year’s payment in lieu of taxes payment, plus two percent (2%) (each such payment, as annually increased, shall be known as a “PILOT Payment”). A schedule setting forth each PILOT Payment is attached hereto as Schedule A. Prior to the completion of construction of the Project (as evidenced by the issuance of a certificate of occupancy for the Project), the Partnership shall not be required to make a PILOT Payment.

	The Town will receive each PILOT Payment on behalf of the taxing jurisdictions. It will forward one-third of each such payment to the County and one-third to the School District. Each PILOT Payment shall be made on or before March 31 of each year, commencing in the first year of the PILOT Period. Late payments will be subject to the same late charges as imposed on the collection of taxes.

	5. Regulation of Rents. During the term of this Agreement, the rents to be charged for apartment units in the project shall be no greater than those permitted by the New York State Division of Housing and Community Renewal pursuant to the Low-Income Housing Tax Credit provisions of Section 42 of the United States Internal Revenue Code, as amended and State Low-Income Housing Tax Credit provisions.

	6. Termination of PILOT. In the event that the Partnership fails to make a PILOT Payment as required by this Agreement for two (2) consecutive years, this Agreement shall terminate, the exemption hereunder shall cease, and the improvements shall be placed on the assessment roll by the Assessor of the Town of Walworth. Further, if the owner seeks to change the senior age restriction, the Town has the right to reconsider the PILOT.

Year	PILOT Payment
1	18,600
2	18,972
3	19,351
4	19,738
5	20,133
6	20,536
7	20,947
8	21,366
9	21,793
10	22,229
11	22,673
12	23,127
13	23,589
14	24,061
15	24,542
16	25,033
17	25,534
18	26,044
19	26,565
20	27,097
21	27,639
22	28,191
23	28,755
24	29,330
25	29,917
26	30,515
27	31,126
28	31,748
29	32,383
30	33,031

A.	Every dog seized shall be properly fed and cared for at the expense of said Town until disposition thereof is made as herein provided. In the event that a dog seized bears a license tag, the Dog Control Officer shall ascertain the owner of the dog and shall give immediate notice, in writing, by certified mail, return receipt requested or personal service on a person living at that address or by notice being tacked on the door of the residence and a copy mailed to the address, stating that the dog has been seized and the dog will be destroyed unless redeemed within the period hereinafter provided.
B.	The owner of a dog seized while bearing a license tag may redeem the dog within five days of personal notification of the seizure of the dog; however, if notice to the owner of the seizure is given by mail, the owner of the dog seized may redeem the dog within seven days of the service of such notice. If notice is sent by mail, it shall be sent by certified or registered mail, return receipt requested. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $25 as a result of the seizure, a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period and a fee in the amount of $20 per day for each day beginning the day of seizure.
C.	In the event that the dog seized does not bear a license, the owner of the dog seized may redeem the dog within three days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the Agricultural and Markets Law. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $25 as a result of the seizure; a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period; and a fee in the amount of $20 per day for each day beginning the day of seizure, plus a license fee and penalties prescribed by law for an unlicensed dog.
D.	For a second impoundment of any dog owned by the same owner within a one-year period, the animal control officer shall, upon determination and identification of the dog, seize and take into custody said dog and serve, deliver or mail the notice of second violation in the same manner as set forth in Subsections B and C above. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $50 as a result of the seizure; a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period and a fee in the amount of $40 per day for each day beginning the day of seizure, plus a license fee and penalties prescribed by law for an unlicensed dog. E. For a third and any subsequent impoundment of any dog owned by the same owner, within a one-year period, the animal control officer shall, upon determination and identification of the dog, seize and take into custody said dog and serve, deliver or mail the notice of third or any subsequent violation in the same manner as set forth in Subsections B and C above. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $75 as a result of the seizure; a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period and a fee in the amount of $50 per day for each day, beginning the day of seizure, plus a license fee and penalties prescribed by law for an unlicensed dog.
F.	If any dog so seized is not redeemed in the time hereinbefore set forth, the owner shall forfeit all title to the dog and the dog shall be sold by the Town or destroyed. In case of sale, the purchaser may pay the cost of seizure to the Town Clerk and obtain a license for such dog. In case the dog shall be destroyed, the animal control officer or officer who destroys the dog shall immediately dispose of the carcass and make a written report of such destruction and disposition to the Town Clerk, who shall keep a record thereof. The owner of a dog so destroyed shall pay the Town Clerk the impoundment fees in Subsections B and C herein and the cost of destruction of such dog, and such cost may be recovered by the Town in a civil action brought in the name of the Town before a Town Justice in the Town of Walworth.

G.	The destruction of any dog seized by the animal control officer or law enforcement officer as herein provided shall be accomplished by approved humane methods. No dog seized shall, be sold or surrendered to any person, firm, organization or institution for experimental use.
H.	The impoundment fees as set forth in this chapter shall be set from time to time, by resolution of the Town Board of the Town of Walworth.

The 3 R’s: Remarks, Reminders, and Relief	2
Straight from Albany. . .	2
Family Feud Photo Gallery	2