1.        Att. D)
  2. WALWORTH TOWN BOARD – REGULAR MEETING
  3. 18 SEPTEMBER 2008
  4. RESOLUTION 67-08 – AUDIT OF CLAIMS:
  5. WALWORTH TOWN BOARD – REGULAR MEETING CONTINUED
  6. 18 SEPTEMBER 2008
  7. WALWORTH TOWN BOARD – REGULAR MEETING
  8. 2 OCTOBER 2008


Letter to the Board

 

 
 
 
 
 
   
    
October 17, 2008
 

When you row another person across the river, you get there yourself."

-- Fortune Cookie


 
Board Agenda:
 

1.
Building Tour: We will begin our tour of the Ontario Elementary Building at 6:30 p.m.

 

2.
Elementary/Middle School Improvement Plans: Mrs. Cox, Mr. Pullen, Mr. Armocida, Mrs. Wright Mrs. Scheik and Mr. LaRuche will share their plan with you . the two goals are: 1) increase the students with disabilities passing rates to 75% and; 2) increase the mastery rate by 10%. These are huge goals as last year’s success rates were the best ever.

 

3.
Graduation/Model Schools Presentation: Mr. Siracuse and Mrs. Tracy DonVito will provide an update on our Graduation Requirements progress. You will recall that through model schools graduates now complete a senior project, 20 hours of community service, an internship and participate in a club or sport. Joe and Tracy will let you know how well students are stepping up to these new requirements.

 

4.
Facilities Update: Mr. Atseff will provide his monthly facilities update.

 

5.
Student Representative: Our student representative for this meeting will be Erika Wilson. Erika is a Sophomore and is the daughter of our Food Service Director, Nique Wilson. Erika is currently a JV soccer player, has played on Wayne Wings Youth Soccer Club for many years, has been a member of band since the elementary school, and is a member of the Science Olympiad Team.

 

6.
Four County Update: Mrs. Lyke will provide an update on Four County matters.

 
 
Board Letter
 

1. Bus Accident: On Tuesday morning, a small (and brand new) bus driven by Mrs. Denise Brandon was traveling south on Walworth Ontario Road (near Tummonds) when a deer appeared right in front of her. She hit the deer without applying the brakes in the front bumper/grill area of the bus. If you know this area of road, it is where the road is cut into the hill and to the east it is a drop off and to the west it a rise. The deer was running up this hillside and bounded up from below, so Denise had no chance to see it coming. She had 5 girls on board being transported to Mercy. They were very calm. No injuries occurred to anyone, however, Walworth Ambulance responded as a matter of routine to look everyone over. A new bus came and transported the girls to Mercy (with a different driver). Mrs. Brandon does not, as a matter of policy, require drug or alcohol testing for an accident of this type, and no tickets were issued. Mrs. Brandon did not continue to drive for this route, also as a matter of procedure, just to give her a chance to relax and collect herself following an accident. The deer was killed instantly.

 

2. Eagle Ventures Email: I am attaching an Email forwarded to me from HS teacher Dave Tinnes. The email comes from a coordinator at a recent day program the HS staff took our students to. They speak very highly of not only our staff, but of our students. This is a group of students who can, at times, draw negative attention, so I am very pleased to share these accolades.

 

3. Intern in DO: Amy Gebhardt has a student intern who is working with her this year. She will also be working with Lori as well in times when Amy is not available. Her name is Hannah Agan and she is featured in this month’s newsletter discussing her Senior Project. She seems to enjoy her time here in the District Office. Amy’s intern last year, stops in to visit quite regularly as well. He is attending MCC and formed a strong bond with Amy. I believe she was very influential in keeping him moving forward on a collegiate path and believing he could do it.

 

4. School Board Recognition Week: If you have seen the newsletter, you will also have noticed the mention of school board recognition week. As it says in print, “you keep the dream of public education alive for every child and make sure students achieve and succeed.” I can’t echo these words enough. Without the leadership of the School Board, a school district is truly a ship without a compass. You can have great teachers and administrators, but if the school board is not committed, farsighted and directional, the ship flounders. At Wayne we are, and have been, very fortunate to have wonderful leadership at the helm. I thank you for all you do for the students, staff and community of our district. It is my pleasure to work with this Board of Education.

 

5. Mathematics Night: Next Tuesday, October 21, we will be highlighting our Everyday Math Program for parents. It will begin at 6:30 p.m. in the PAC. This will give parents and others, an opportunity to see students explain what they are learning. There was some controversy when we adopted the program. If you don’t have a Rotary meeting, I encourage you to attend.

 

6. Passports: If any of you are interested in getting a passport, or need a new one, please let Lori know. The slots generally fill up quickly, and now that the newsletter has hit the public, we expect the calls to start coming in.

 

7. Past School Board Members Recognition: On November 8, we will have an informal gathering at the high school for our current and past school board members. Attendees will join us on a tour of the high school, followed by an evening of entertainment provided by the HS music department’s “Cabaret.”

 

8. NSBA Convention: Susan Newman will be attending the NSBA convention. Is anyone else interested in attending? I would recommend making the arrangements early (even if you are tentative at this time, I would recommend putting in a request so that hotels can be reserved). Please contact Lori if you are interested. Dates are: April 4-7, 2009, San Diego, California

 

9. Four County Meeting: Just another mention, Wayne Central will be presenting our “Paperless Board Meeting Process” at the October 29 Four County School Boards meeting. If any board members would like to attend to add your insight to “the pros and the cons” and the ups and downs of how we got there, I strongly urge you to attend. I really believe, since Wayne Central is the only district our region operating as a paperless board, that our pioneering information is valuable to area districts. Please let Lori know if you can attend. Dinner choices are eggplant parmesan, strip steak and club 86 chicken.

 

10. Red Ribbon/Rachel’s Challenge: The Red Ribbon Activities will be starting on October 23 (next Thursday) and continue through October 30. One event I encourage you to attend is Rachel’s Challenge, Friday evening, October 24 at 7:00 p.m. at the PAC. This is the story of the young girl from Columbine who lost her life in that school’s tragedy. It’s a moving program for parents and students. You will be glad you attended.

 

11. HS Newsletter: Attached is the HS Newsletter “Written On Our Walls.” I sent these to you last year as well – but they never looked like this! The students are still doing all the writing, but this year some big changes have occurred. First, Mr. Roods is the advisor, and he is working with the students on the new Macs. This is important to note because, thanks to a real push by Amy Gebhardt, the high school and the District Office collaboratively agreed to purchase 6 macs to supply a small “mac lab” to teach the higher tech publishing that is widely used in the marketing field. Amy is the Yearbook Club Advisor this year and really wanted to be able to use the industry popular Adobe Software with the students. Mr. Roods is utilizing this for the Newspaper Club providing a whole new area of exposure for our students. This is an excellent opportunity for any student planning on going into fields of marketing, advertising, photography, or technology to name a few.
12. Upcoming Dates:

10/19 School Bus Safety Week
10/20 HS Band & Chorus Concert@ PAC – 7:00 p.m.
10/21 – Math Night @ PAC – 6:30
10/22 – FE Donuts with Dads
10/23 – Board of Education Meeting @ OE – 6:30 p.m.
10/24 – Red Ribbon Activity Night MS
10/25 – Red Ribbon – Leave your lights on Night
10/25 – National Community Service Day
10/31 – Happy Halloween!
 
Athletics:
10/24 – Girls JV & V Soccer vs. Pittsford Sutherland – 5:00 & 6:30p.m.   
10/24 – Girls JV & V Vb vs. Pittsford Sutherland – 5:00 & 6:30 p.m.
 

13.
Attachments:

A) Eagle Venture Email
B) WTA newsletter
C) Ontario Town board Meeting Minutes – 9/22
D) Walworth Town Board Meeting Minutes – 9/18
    E) Walworth Town Board Meeting Minutes – 10/2
    F) Walworth Town Board Meeting Minutes - 9/25
    G) Ontario Town Board Meeting Minutes – 10/13
H) HS Newspaper “Written On Our Walls”
                         Att. A)

From: Tinnes, David
Sent: Thursday, October 16, 2008 8:44 AM
To: Havens, Michael
Subject: Re: Eagle Ventures

   Good morning Mr. Havens,
I wanted to pass on to you an e-mail from Jim Hooper, one of the facilitators at the 4-H, Bristol Hills Camp that Eagle Ventures recently went to on a field trip. I'm sharing it with you because it truly speaks to what an amazing program we have the privilege of working in with Eagle Ventures. Thank you for supporting our program.
 
Sincerely,
Dave Tinnes

I wanted to take a moment to say how much Jessie and I enjoyed working with your Alternative HS group yesterday. It was a very positive experience for us as staff to see a school as actively engaged in their children's future as Wayne demonstrated yesterday. It was good to see students and teachers interacting so effectively. Further, Jessie and I talked after the program about the teachers level of involvement, specifically in the discussions and debriefs we had during the day. We felt that the staff did an exceptional job of taking an appropriate role in those discussions (not over powering, but clearly involved), and specifically, how their contributions were right on target, focused on the task at hand and really very insightful.

The kids involved in that program were a pleasure to work with as well. A very well mannered group, eager to try to push themselves. It was nice to work with a group that put such a focus on fun, but still aware of the reason for participating in a teambuilding experience. The students were helpful, courteous, and appreciative, and it was refreshing to see how much they seemed to gain from the entire experience.

Please feel free to pass my comments along to Kim and the others who came with the group. I don't have Kim's address, but I will be talking with her to discuss the idea of doing a geocaching program with this group of students in the spring.

Thanks so much!

Jim Hooper

 
In all that you do, seek to serve others.
 





                     Att. C)
SEPTEMBER 22, 2008
 
ONTARIO TOWN BOARD MEETING
 

A regular meeting of the Ontario Town Board was called to order by Supervisor Robert Kelsch at
7:00 pm in the Ontario Town Hall. Present were Supervisor Robert Kelsch, Council members: Jason Ruffell, Lori Eaton-Smith, James Switzer (entered 7:01pm), Stephen Tobin, Superintendent of Highways Jerry Santangelo, Director of Parks and Recreation William Riddell, Attorney for the Town Alan Knauf and Town Clerk Debra DeMinck.
 
18 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. Ruffell, seconded by Mr. Tobin, to approve the agenda with the following revisions: under #5 – add approve the minutes of September 19, 2008, under #9 – the third item, funding for the Library’s Brew-Ha-Ha is not a board item and under new business–
add accept bid for Mason Contractor to install concrete slabs for the tension fabric structures at the Community Center. 5 Ayes 0 Nays MOTION CARRIED
 
Comments From the Public – Mr. Charles Neumann inquired when the sidewalk to Tops Plaza would be completed. A brief discussion followed regarding obtaining the necessary easements and working with the DEC and the Army Corps of Engineers. Progress is being made.
 
Approval of Minutes – Mr. Kelsch asked for approval of the minutes of the September 8 and 19, 2008 Town Board meetings. A motion was made by Mr. Tobin, seconded by Mr. Switzer, to approve the September 8, 2008 minutes as presented. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Tobin, seconded by Mr. Switzer, to approve the September 19, 2008 minutes with one correction-add Attorney for the Town Alan Knauf (by phone). 4 Ayes 0 Nays
1 Abstain (Ruffell) MOTION CARRIED
 
Correspondence – None
 
Attorney for the Town Report Mr. Knauf reported on a conference call he had with Jim Oberst, Trevan Houser, Ken Applin and Supervisor Kelsch regarding the landfill closure project. He also mentioned that the three tax certiorari cases are progressing.
 
New Business – A motion was made by Mr. Kelsch, seconded by Mrs. Smith, to accept the lowest responsible bid from Mills Truck Sales, Hamilton, Ohio for the purchase of a 1999 or Newer Bucket Truck, not to exceed $19,000 as requested by the Superintendent of Highways in memo #08-20. 
A discussion followed regarding the funding. The funding for the intra-municipal agreement will be 33% Highway Fund, 33% General Fund and 33% Water Utilities/Drainage Funds.
On the motion the vote was 5 Ayes 0 Nays MOTION CARRIED
 
A motion was made by Mr. Switzer, seconded by Mr. Tobin, to accept the Supervisor’s fiscal report for the month of September 2008 as presented. 5 Ayes 0 Nays MOTION CARRIED
 
A motion was made by Mrs. Smith, seconded by Mr. Tobin, to authorize the Sole Assessor to attend a training program for Valuation of Affordable Housing in Rochester, New York, October 10, 2008 with all actual and necessary expenses to be a town charge, as requested by the Sole Assessor in a memo. 5 Ayes 0 Nays MOTION CARRIED
 
A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the lowest responsible bid for labor necessary to install the concrete slabs for the Community Center tension fabric structures from C. Downing Enterprises, 3 Caitlin Trail, West Henrietta, NY for an amount not to exceed $19,656.00, as recommended by the Director of Parks and Recreation in memo PR41-2008.
5 Ayes 0 Nays MOTION CARRIED
 
Mr. Jeffrey Garland from the Ontario Fire Company presented the Ontario Fire District and Ontario Fire Protection District budget for 2009.
 
Budget Transfers/Adjustments – A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the following budget transfer/adjustments:
GENERAL FUND transfer $5,000 from A3310.4 to A5010.2
GENERAL FUND transfer $4,800 from A9161.8 to TA0020.3
GENERAL FUND transfer $240 from A1990.4 to A1320.4
GENERAL FUND transfer $161.23 from A1990.4 to A1345.4
WATER FUND transfer $7,489 from F9950.9 to F9061.8
WATER FUND transfer $26,374 from H75-8340.299 to H75-8340.202
SEWER FUND transfer $2,111 from SS8110.4 to SS9061.8
HIGHWAY FUND transfer $7,020 from DA9061.8 to TA0020.3
HIGHWAY FUND increase 960/expense DA9061.8 $7,170 from 599/Appropriated Fund Balance
5 Ayes 0 Nays MOTION CARRIED
 
A motion was made by Mr. Switzer, seconded by Mr. Tobin, to adopt a RESOLUTON, for the annual
        

WASTEWATER EQUIPMENT REPAIR RESERVE
 

CREDIT SS-205.2 Money Market $7,000.
DEBIT SS-522/8130.4 Treatment & Disposal $7,000.
 
DEBIT SS-205.2 WW  EQUIPMENT FUND $7,000.
CREDIT SS-980/2272 Wastewater Equipment Reserve $7,000.
5 Ayes 0 Nays RESOLUTION ADOPTED
 
Appointments/Resignations – A motion was made by Mr. Ruffell, seconded by Mr. Tobin, to appoint Jason Coleman to the Zoning Board of Appeals to fill the unexpired term of R. Ronald Kreiling, effective November 1, 2008 to December 31, 2010. 4 Ayes 1 Nay (Switzer) MOTION CARRIED
 
Reports by Town Board Members – Mr. Kelsch discussed the Crown Castle cell tower contract. Crown Castle is prepared to offer a one time payment of 15% now and another 15% in 2013, when the contract ends. The revenue for this year is $8,054. Crown Castle would like to leave open the possibility of purchasing an easement for the land. Mr. Kelsch will send the revised contract to Mr. Knauf for review.
 
Mr. Switzer extended his condolences on behalf of the town to the family of Elmer Palmer, the oldest graduate of the Ontario High School. He is the namesake for Palmer Hall. Mr. Kelsch will send a letter to the family on behalf of the town.
 
There was a brief discussion on the wage and grade level for the position of Deputy Town Clerk. The board will discuss it at a later date.
 
Approval of Claims – A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the abstract of claims for September 22, 2008 including vouchers #2294 through #2430 with a grand total of $375,071.56 and to authorize the Supervisor to issue payments for same. 5 Ayes 0 Nays MOTION CARRIED
 
Student Comments – Roxanne Birx wanted to know what the meeting minutes were. Mr. Knauf and Mr. Switzer responded they are the official record of the Town Board meeting and that they are permanent.
 
Adjourn – A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to adjourn at 8:41pm.
5 Ayes 0 Nays MOTION CARRIED
 
 
Respectfully submitted,
 
 
Debra DeMinck
Ontario Town Clerk
 
The above minutes will become official upon approval of the town board.

         
Att. D)

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WALWORTH TOWN BOARD – REGULAR MEETING

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18 SEPTEMBER 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
Suzi Hawkins-Mance Councilwoman
Patricia Marini Councilwoman
Susie Jacobs Town Clerk  
Mike Frederes Highway Superintendent
Rob Burns Sewer Superintendent
Jacqueline Van Lare Recreation Director
Karen Ambroz Assessor
Ed Parrone Engineer for the Town
Denise Munson Attorney for the Town

EXECUTIVE SESSION:
Motion by Councilwoman Marini to enter into executive session to discuss proposed, pending or current litigation.
Seconded by Councilwoman Hawkins-Mance. 
Adopted: Vote Ayes 5 Nays 0
 

Time: 7:31 PM.
 
RECONVENE:
Supervisor Plant reconvened the regularly scheduled Town Board meeting.
 

 
Time: 7:37 PM.

MINUTES:                                                 

Motion by Councilwoman Hawkins-Mance to approve the minutes of September 4, 2008, as presented. Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
 

CORRESPONDENCE:
Susie Jacobs, Town Clerk, had nothing to enter into record.
 
SUPERVISOR’S REPORT:
Motion by Councilwoman Marini to approve and file the Supervisor’s Monthly Report for August, 2008, as presented.

Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 5 Nays 0
 

PUBLIC PARTICIPATION:
No one present offered any comments.
 

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RESOLUTION 67-08 – AUDIT OF CLAIMS:
Councilwoman Hawkins-Mance offered the following Resolution 67-08 and moved its adoption. Seconded by Councilman Maciuska to wit:

WHEREAS, the following claims submitted at the scheduled Town Board Meeting of September 18, 2008, have been audited and approved by the appropriate Council Members;

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WALWORTH TOWN BOARD – REGULAR MEETING CONTINUED

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18 SEPTEMBER 2008

 

BE IT RESOLVED that the claims be paid on Abstract #9, numbered 1,249 through 1,400, in the following amounts with the exception of vouchers number 1390, in the amount of $187.51, and number 1391, in the amount of $68.35, Claimant’s Name Susie C. Jacobs;
 
 

GENERAL FUND
$ 42,717.62
HIGHWAY FUND
$ 51,696.92
WALWORTH SEWER DISTRICT #1
$ 51,441.07
BROOKSIDE LIGHT DISTRICT
$ 10.05
GANANDA LIGHT DISTRICT
$ 883.46
HARVEST HILL LIGHT DISTRICT
$ 634.50
ORCHARD VIEW LIGHT DISTRICT
$ 92.76
WALWORTH LIGHT DISTRICT
GANANDA SIDEWALK DISTRICT
$ 637.83
$ 2,578.85
WALWORTH CONSOLIDATED DRAINAGE
$ 606.83
PARK SPECIAL REVENUE FUND
ARBOR/TUMMONDS
LIN/SWA/JAC/LEW/SMI/ARB/DAA
$ 4,757.05
$ 2,524.50
$ 9,085.50
 
   

BE IT FURTHER RESOLVED that the claims be paid on Abstract #9, numbered 157 through 168, in the following amounts:
 

TRUST & AGENCY $ 21,459.62
   

NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of Walworth adopt resolution 67-08.
 
Adopted this 18th day of September, 2008, at the meeting of the Town Council.
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Resolution carried.
 
DEPARTMENT HEAD REPORTS:
HIGHWAY DEPARTMENT
Nothing reported at this time.
 
SEWER DEPARMENT
Nothing reported at this time.
 
 
RECREATION DEPARTMENT – GENESEE VALLEY CONFERENCE
Motion by Councilwoman Marini authorizing Jacqueline Van Lare to attend the 2008 Genesee Valley Recreation and Parks Society Annual Conference on Friday, November 14, 2008, in Victor, New York, at a cost not to exceed $70.00, to be expended from budgeted line A7310.49.
Seconded by Councilwoman Hawkins-Mance.

Adopted: Vote Ayes 5 Nays 0

 
ASSESSOR
Nothing reported at this time.
 
ENGINEER FOR THE TOWN – DESIGN CRITERIA
Ed Parrone, Engineer for the Town, presented the revised draft of the Design Criteria Guidelines and Technical Specifications for the Town of Walworth to the Town Board. A certified copy has been filed in the Town Clerk’s office. He stated that further discussion was needed. A workshop was scheduled for October 9, 2008, 7:30 PM, in the Walworth Town Hall main meeting room.
 
ATTORNEY FOR THE TOWN
Nothing reported at this time.
 
TOWN CLERK
Nothing reported at this time.
 
COMMITTEE REPORTS:
HIGHWAY COMMITTEE – WAYNE CENTRAL SCHOOL DISTRICT 2008-2009 SNOW REMOVAL CONTRACT
Motion by Councilman Yale authorizing the Supervisor to enter into an agreement with Wayne Central School District for salting and sanding driveways and parking lots of the school district for the 2008-2009 snow season, at an amount estimated to be $18.00 per trip, per the agreement.
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.
 
PUBLIC HEARING 7:45 PM – BINGO:
Susie Jacobs, Town Clerk, stated that the notice of Public Hearing for Proposed Local Law No. 4 of the year 2008 was duly published 2 times in the Town’s official newspaper on September 7 and September 14, 2008, with the same dates being posted at the Town Hall. Copies were available for the public.
 
Motion by Councilman Maciuska to waive the reading of the Legal Notice.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
 
Supervisor Plant declared the Public Hearing opened.
Time: 7:48 PM.
 
No comments were heard from the public.
 
Motion by Councilwoman Hawkins-Mance to close the Public Hearing.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
Time: 7:50 PM.
 
Discussion ensued. Council members stated that unfortunately the Town would not be acting on Proposed Local Law No 4 for 2008 due to the time requirements of the adoption of the Local Law and the general election not being sufficient. The Town will re-address this next year.
 
COMMITTEE REPORTS CONTINUED:
LIBRARY COMMITTEE – UPDATE
Council man Maciuska reported that the Library Board has requested that they be placed on the Agenda for the Tri-Board Meeting. The Library Board would like to talk to Wayne Central School District about some possibilities. Councilman Maciuska stated that the Library Board had continued their training, and he explained the four (4) different types of libraries. They are the Association Library, Municipal Public Library (which is what we have), School District Library, and Special District Public Library.
 
SEWER COMMITTEE – BIO-DIGESTERS REMOVAL
Councilman Maciuska gave a summary, explaining that when the Town converted the Waste Water Treatment Plant to the new process in 2001, the bio-digesters were taken out of service and are of no need to the present plant. He stated that Alpco Recycling has proposed to provide someone to help with the removal of these and accept all debris in return for the scrap iron. Councilman Maciuska stated that this would be a win-win situation for everyone and in the Town’s best interest.
 
Motion by Councilman Maciuska to declare the bio-digesters surplus and authorize their removal from the Waste Water Treatment Plant.
Seconded by Councilwoman Marini.
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Motion carried.
 
ALTERNATIVE ENERGY MORATORIUM DISCUSSION:
Supervisor Plant inquired if Council members were prepared to discuss and review the documentation from other towns on alternative energy. Discussion ensued, with Council members stating their likes and dislikes. Supervisor Plant asked the Town Attorney for her comments. Denise Munson, Attorney for the Town, stated that she had a lot of comments regarding the Town of Williamson and their power-generating windmills Local Law No. 2 of the year 2005. Further discussion ensued, with the determination that Councilman Maciuska will work with Denise Munson, Attorney for the Town.
 
PUBLIC HEARING 8:00 PM – SEWERS:
Susie Jacobs, Town Clerk, stated that the notice of Public Hearing for Proposed Local Law No. 5 of the year 2008 was duly published 2 times in the Town’s official newspaper on September 7 and September 14, 2008, with the same dates being posted at the Town Hall. Copies were available for the public.
 
Motion by Councilman Maciuska to waive the reading of the Legal Notice.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
 
Supervisor Plant declared the Public Hearing opened.
Time: 8:02 PM.
 
No comments were heard from the public.
 
Motion by Councilwoman Hawkins-Mance to close the Public Hearing.
Seconded by Councilman Maciuska.
Adopted: Vote Ayes 5 Nays 0
Time: 8:04 PM.
 
Supervisor Plant stated that the Macedon Town Board did move and approve the sewer rates.
 

ADOPTION LOCAL LAW NO. 5 OF THE YEAR 2008:
Councilman Maciuska offered the following Resolution 66-08 and moved its adoption.
Seconded by Councilwoman Marini to wit:
 
WHEREAS, the Town Board of the Town of Walworth held a Public Hearing on September 18, 2008, to consider the adoption of proposed Local Law No. 5 of the year 2008, entitled A LOCAL LAW AMENDING THE TOWN OF WALWORTH MUNICIPAL CODE MORE PARTICULARLY AMENDING CHAPTER 139 entitled “SEWERS”, pertaining to SEWER RENTS SETTING FORTH RENT CHARGES AND PROVISION FOR MINIMUM SEWER RENT NOT TO BE CHARGED IN CASE OF DISCONNECT FOR MORE THAN 30 CONTINUOUS DAYS said proposed Local Law No. 5 of the year 2008 is hereby introduced before the Town Board of the Town of Walworth in the County of Wayne in the State of New York.
 
The text of the Proposed Local Law appears as follows:
.
SECTION 1. Amending Chapter 139-6 of the Town of Walworth Municipal Code is hereby amended as follows:
 

1.   That Subdivision A of 139-6 entitled “Amount; collection; late and additional charges; notification of charges; responsibility of sewer district” is hereby amended to read as follows:

 

1.   Amount. Each unit shall pay a minimum charge of $ 60.40 for each three-month period for sewer rent. In the event that the three months’ water consumption exceeds 16,000 gallons, then the unit shall also pay $3.70 for each additional 1,000 gallons or part thereof of water consumed as determined above during the three months covered by the water bill.
 

SECTION 2. Effective 1st Day of January, 2009.
 
This Local Law shall take effect immediately after filing in the Office of the Secretary of State.
 

BE IT RESOLVED, the Town Board of the Town of Walworth does hereby adopt proposed Local Law No. 5 of the year 2008 to the Town of Walworth Municipal Code.

BE IT RESOLVED, that the Town Clerk submit the necessary documents pertaining to the adoption of said proposed Local Law No. 5 to the Attorney for the Town for filing with the Secretary of State.
NOW, BE IT FURTHER RESOLVED, that the Town Council of the Town of Walworth adopt Resolution 66-08.

 
Adopted this 18th day of September, 2008, at the meeting of the Town Council.
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Resolution carried.
 
RESOLUTION 64-08 PALMYRA-MACEDON CENTRAL SCHOOL DISTRICT TAX COLLECTOR APPOINTMENT FOR 2008-2009 SCHOOL YEAR:
Councilwoman Marini offered the following Resolution 64-08 and moved its adoption. Seconded by Councilman Maciuska to wit:
 
WHEREAS, at a meeting of Palmyra-Macedon Central School District the Board of Education has appointed Mrs. Lynne Green as School Tax Collector for the 2008-2009 school year; and
WHEREAS, the Town of Walworth acknowledges §37 of Town Law, collection of school taxes in first class towns is the duty of the Town Receiver of Taxes and Assessments unless it’s conveyed by Town Board resolution to the Tax Collector appointed by the Board of Education; and
THEREFORE, BE IT RESOLVED that the Town Council of the Town of Walworth designates Mrs. Lynne Green as School Tax Collector for the portion of Walworth within the Palmyra-Macedon Central School District;
BE IT FURTHER RESOLVED, that the Town Council of the Town of Walworth adopt Resolution 64-08.
 

Adopted this 18th day of September, 2008, at the meeting of the Town Council.

Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Resolution carried.
 
AUTHORIZATION FOR CODE ENFORCEMENT OFFICER TO ATTEND REGIONAL GOVERNMENT WORKSHOP:
Motion by Councilman Yale authorizing Phil Williamson, Code Enforcement Officer, to attend a Regional Government Workshop in Mt. Morris, New York, at a cost not to exceed $40.00, to be expended from budgeted line A3620.43.
Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 5 Nays 0
 
AUTHORIZATION FOR TOWN SUPERVISOR AND COUNCIL MEMBERS TO ATTEND SEMINAR ON PERSONNEL MANAGEMENT AND LABOR RELATIONS:
Motion by Councilwoman Hawkins-Mance authorizing Supervisor Plant and Council members to attend a one-day seminar in Newtonville, New York.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
AUTHORIZATION OF HARRIS BEACH BILL:
Motion by Councilwoman Hawkins-Mance authorizing the prepayment of Harris Beach Bill.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Motion carried.
 
FINANCIAL TRANSACTIONS:
Councilman Yale offered the following Resolution 68-08 and moved its adoption. Seconded by Councilwoman Marini to wit:
 
BE IT RESOLVED that the Senior Account Clerk be authorized to modify budget as follows:

$4,500.00 from Parks Special Revenue (CM1) Fund Balance to establish expense
   Line CM1-7110.21 Capital Expenditures. To cover cost of Pavilion Roof.
$178.37 from Parks Special Revenue (CM1) Fund Balance to CM1-7110.22 Eagle
 Scout Projects. To cover cost pavilion.
$247.50 from A1990.41 Contingent Account to A6989.41 Farm Land Preservation
 Grant. To cover current expenses.

 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Resolution carried.
 
EXECUTIVE SESSION:
Motion by Councilwoman Hawkins-Mance to enter into executive session to discuss pending or possible litigation and 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 Marini. 
Adopted: Vote Ayes 5 Nays 0
 

Time: 8:09 PM.
 
RECONVENE:
Supervisor Plant reconvened the regularly scheduled Town Board meeting.
 
Time: 9:07 PM.
 
MOTION AMENDED FOR AUTHORIZATION FOR TOWN SUPERVISOR AND COUNCIL MEMBERS TO ATTEND SEMINAR ON PERSONNEL MANAGEMENT AND LABOR RELATIONS:
Motion by Councilwoman Marini to amend the motion authorizing the Supervisor and Council members to also include the Highway Superintendent, Mike Frederes, to attend seminar.
Seconded by Councilman Yale.

Adopted: Vote Ayes 5 Nays 0

 
BUDGET REPORTS WITH DEPARTMENT HEADS:

Supervisor Plant and Council members reviewed presented budgets with the following Department Heads. Discussion ensued with some departments.

Highway Town Clerk Supervisor Plant stated that a budget work session would be held on Thursday, September 25, 2008, at 7:00 PM.
 

ADJOURNMENT:
Motion by Councilwoman Marini to adjourn.
Seconded by Councilwoman Hawkins-Mance and unanimously carried.
Time: 9:25 PM.
 
Respectfully Submitted,
 
 
Susie C. Jacobs
Town Clerk

                       Att. E)

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WALWORTH TOWN BOARD – REGULAR MEETING

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2 OCTOBER 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:  Frank Maciuska Councilman
 Suzi Hawkins-Mance   Councilwoman
 Susie Jacobs    Town Clerk
 Mike Frederes   Highway Superintendent
 Rob Burns   Sewer Superintendent
 Jacqueline Van Lare   Recreation Director
 Karen Ambroz   Assessor
 Ed Parrone   Engineer for the Town
 Denise Munson   Attorney for the Town
 
Absent:  Thomas Yale   Councilman  
Patricia Marini   Councilwoman
 
                 

MINUTES:

Motion by Councilman Maciuska to table the minutes of September 18, 2008, and September 25, 2008, as presented.
Seconded by Councilwoman Hawkins-Mance.

Adopted: Vote Ayes 3 Nays 0
 
CORRESPONDENCE:
Susie Jacobs, Town Clerk, had nothing to enter into record.
 
PUBLIC PARTICIPATION:
EAGLE SCOUT PROJECT – GEOFF SAVAGE
Geoff Savage, an Eagle Scout with Walworth Troop 113, presented the Installation of 72 Road Markers on Sherburne Park Road as his Eagle Project. He will instruct and lead Scouts in how to install the same type of wood markers along Sherburne Park Road that were used on the sides of Lorraine Drive. He will also contact Dolomite to see if they can donate gravel for the road. The benefit of his project will be that the Town will be able to keep the road open all winter long, allowing access to trails, cross country skiing, and winter activities. Scout Savage will coordinate with the Highway Department to drill a hole at each place the Scouts mark with an “x.” The road markers on either side of the road will have reflectors on the posts; on the front and back of two markers he will put the Boy Scout insignia. He also stated that on the front left post he would put a sign that says “Eagle Scout Project – Troop number 113 – Done as an Eagle Scout project – By Geoff Savage. This will be completed before winter. A list of Materials, Resources, Actions to Date, Next Step, pictures and copies of letters mailed to 28 Walworth businesses were presented. A price quote sheet was presented as well. He stated the amounts raised, pledged and donated, and that he needed to obtain more money. He was wondering if the Town could donate the difference of $558.00. The total amount needed for this Scout project is $1,100.00. Discussion ensued.
 
Motion by Councilman Maciuska authorizing to expend from A8560.42 an amount not to exceed $125.00; and transfer from CM1 7110.22 into A8560.42 an amount of $433.00.

Seconded by Councilwoman Hawkins-Mance.
 

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

Motion by Councilwoman Hawkins-Mance to approve the Eagle Scout Project, being the Installation of Road Markers on Sherburne Park Road, by Geoff Savage.
Seconded by Councilman Maciuska.

Adopted: Vote Ayes 3 Nays 0
 
Scout Savage thanked everyone.
 
EXECUTIVE SESSION:
Motion by Councilwoman Hawkins-Mance to enter into executive session to discuss pending or possible litigation and 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 Councilman Maciuska.
Adopted: Vote Ayes 3 Nays 0
Time: 7:48 PM.
 
RECONVENE:
Supervisor Plant reconvened the regularly scheduled meeting.
Time: 8:03 PM.
 
DEPARTMENT HEAD REPORTS:
HIGHWAY DEPARTMENT – PAINTED ACCESSORY BUILDINGS, OLD PORTION OF HIGHWAY BARNS
Mike Frederes, Highway Superintendent, reported that all the accessory buildings in the old portion of the Highway Barns had been painted within the last two weeks. Everything now matches, with the exception of the salt barn.
 
HIGHWAY DEPARTMENT – LETTER OF SUPPORT REQUESTED TO SENATOR MIKE NOZZOLIO & ASSEMBLY BOB OAKS
Mike Frederes requested that Town Council send a letter to Senator Mike Nozzolio and Assemblyman Bob Oaks expressing the Town’s concern with regard to CHIPS funding for 2009, stating that we feel it could be in jeopardy and that we hope they will at least support it at this year’s level. Mr. Frederes also asked that they lobby against the half percent surcharge on goods purchased from OGS on State Contract.
 
Supervisor Plant stated that he would be more than happy to write that letter if the Board so chose. Council members agreed.
 
HIGHWAY DEPARTMENT - HIGHWAY CONFERENCE UPDATE
Mike Frederes reported that he attended the Highway Conference last week. There was much talk about budgetary costs, but there were no answers.
 
SEWER DEPARTMENT
Nothing reported at this time.
 
RECREATION
Nothing reported at this time.
 
ASSESSOR
Nothing reported at this time.
 
ENGINEER
Nothing reported at this time.
 
TOWN CLERK - TENTATIVE BUDGET
Susie Jacobs, Town Clerk, advised that according to New York State Law, she must present the Town Board with the Tentative Budget at a regular or special meeting on or before October 5. She proceeded to give a Tentative Budget to the following Council member: Councilman Maciuska. Councilman Yale and Councilwoman Marini were absent but will receive their copies. For the record, Supervisor Plant and Councilwoman Hawkins-Mance had already been supplied their Tentative Budgets prior to the meeting by another source.
 
TOWN CLERK – VOTER REGISTRATION
Susie Jacobs reported that the Board of Elections had scheduled local registration days for Tuesday, October 7, 2008, from 10:00 AM to 2:00 PM, and Saturday, October 11, 2008, from 2:00 PM to 9:00 PM, at the Walworth Town Hall.
 
COMMITTEE REPORTS:
ANIMAL CONTROL COMMITTEE – AUTHORIZATION TO ATTEND EMPIRE STATE ANIMAL PROTECTION FORUM
Motion by Councilwoman Hawkins-Mance authorizing Lea Dill, Animal Control Officer, to attend the Empire State Animal Protection Forum - Conference October 24 – 25, 2008, in Fairport, New York, at a cost not to exceed $85.00, to be expended from budgeted line A3510.43.
Seconded by Councilman Maciuska.
Adopted: Vote Ayes 3 Nays 0
 
ANIMAL CONTROL COMMITTEE – DOG ENUMERATION UPDATE
Councilwoman Hawkins-Mance gave an update on the dog enumeration. She reported the following:
 
Lea Dill, ACO, enumerated nine (9) streets, finding 127 dogs, with 12 being renewed as a result of the letter of notice.
 
George Charnitski, ACO, enumerated twelve (12) streets, finding 42 unregistered dogs, and is still in the process of verifying. One (1) street remains undone.
 
Councilwoman Hawkins-Mance stated that the dog enumeration is effective and is working.
 
MS4 COMMITTEE UPDATE
Councilwoman Hawkins-Mance stated that Supervisor Plant, Norm Druschel and Carl Hewings met with her to review some of the Compliance Manual items. Highway, Recreation, Sewer and Town vehicles are going through a self-audit checklist. She stated that she had done a lot of work on the Compliance Manual; Norm continues to do the mapping of the outfalls. Councilman Maciuska asked if the Town Board had resolved the issue about the local DEC MS4 making Norm go beyond Town line. Supervisor Plant stated that the Town Board did not discuss it much, but that Norm would not have to go beyond the Town line. Councilwoman Hawkins-Mance agreed. Supervisor Plant stated that he might have to go beyond the MS4 boundary line within the Town, which was in question at the last meeting. Discussion ensued. Councilwoman Hawkins-Mance stated that the Town was checking into getting some volunteers from Boy Scouts and schools to help get this done, but the Town needed to check its insurance provisions first.
 
TOWN COMPLEX STUDY GROUP
Councilwoman Hawkins-Mance reported that the Town Complex Study Group met the last Wednesday in September and did very well. She stated that there was an excellent start on a Request for Proposal for Conceptual Design Criteria and added that there also had been some information presented about a grant application. The meeting for October 29, 2008, is to perfect the Request for Proposal and hopefully get it ready for presentation to the Town Board during the first meeting in November.
 
Ed Parrone, Engineer for the Town, suggested that if they would like any documents reviewed by him, he would be available.
 
SEWER COMMITTEE – PERMANENT PROBATIONARY EMPLOYEE
Councilman Maciuska stated that Rob Burns, Sewer Superintendent, had completed his six-month probationary period and his probationary assessment was done; Rob has done very well - a lot of good work for the Town - and has a lot of vision. He was very pleased to move the following motion:
 
Motion by Councilman Maciuska to progress Rob Burns, Sewer Superintendent, to permanent probationary employee.
Seconded by Councilwoman Hawkins-Mance.
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Absent
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Absent
   Supervisor Plant  Aye
Motion carried.
 
Rob Burns was congratulated.
 
LIBRARY COMMITTEE – CIRCULATION UPDATE
Frank Maciuska stated that 98,271 items have passed through the library, and that exceeded 2004; was only about 1,000 items away from 2005 and was well on the way, with 3 months left, to exceed 2007 (111,000 items).
 
LIBRARY COMMITTEE – FRIENDS OF THE WALWORTH SEELY PUBLIC LIBRARY BOOK SALE / BAKE SALE
Frank Maciuska reminded everyone about the Friends of the Walworth Seely Public Library Book Sale / Bake Sale on October 9 -11, 2008 - stop in and support the Library.
 
WIND ENERGY LAW
Frank Maciuska reported that he had combined the section of law from the Malone Law into the one from Williamson. He added that this week in the Talk of the Towns & Topics, Association of Towns of the State of New York, there was a nice article about “Wind and Our Hills” and a “Tools Kit” which we could send away for to help us prepare our draft for review.
 
2009 BUDGET PUBLIC HEARINGS SCHEDULED:
Motion by ­­­­­Councilman Maciuska to hold the 2009 Budget public hearings at the Walworth Town Hall as follows:
 
· LINCOLN VOLUNTEER FIRE DEPARTMENT contract request hearing to be held; at 7:40 PM.
· WEST WALWORTH VOLUNTEER FIRE DEPARTMENT contract request hearing to be held; at 7:43 PM.
 
Seconded by Councilwoman Hawkins-Mance.
            
Adopted: Vote Ayes 3 Nays 0
 
SHARED MUNICIPAL GRANT FOR SEWER CAMERA DISCUSSION:
Discussion ensued with Supervisor Plant stating that he would contact Supervisor Bill Hammond, Town of Macedon and Marty Aman, Wayne County Water and Sewer Authority regarding a joint application for a Shared Municipal Grant for a Sewer Camera. Discussion mentioned getting a quote from Stu Brown Associates for writing the grant application.
 
ADJOURNMENT:
Motion by Councilwoman Hawkins-Mance to adjourn.
Seconded by Councilman Maciuska and unanimously carried.

Time: 8:22 PM.
 
 

Respectfully Submitted,
 
 
Susie C. Jacobs
Walworth Town Clerk

Att. F)

 

WALWORTH TOWN BOARD –
SPECIAL MEETING BUDGET WORK SESSION
25 SEPTEMBER 2008

 
 
Presiding Supervisor Plant called the scheduled Town Board Special Meeting, held at the Walworth Town Hall, 3600 Lorraine Drive, to order at 7:09 PM.
 
Present:  Frank Maciuska   Councilman
Patricia Marini    Councilwoman
 Thomas Yale   Councilman
Suzi Hawkins-Mance    Councilwoman
 Susie Jacobs    Town Clerk
 
BUDGET DISCUSSION:

Supervisor Plant opened the budget discussion by suggesting some possible changes. Discussion ensued as the Supervisor and Council members reviewed the proposed 2009 budget as presented.
 

BUDGET PUBLIC HEARING:

Motion by Councilman Yale to set the 2009 Budget Public Hearing for Thursday, October 16, 2008, at 7:45 PM.
Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 5 Nays 0

 
WORK SESSION SCHEDULED:

Supervisor Plant stated that the Design Criteria meeting previously scheduled for October 9, 2008, had been canceled. A Town Board work session has been scheduled for October 23, 2008, at 7:00 PM.
 
ADJOURNMENT:

Motion by Councilwoman Hawkins-Mance to adjourn the Special Meeting.
Seconded by Councilman Maciuska.
Time: 9:37 PM
 
 
Respectfully Submitted,
 
 
Susie C. Jacobs
Town Clerk

                       Att. G)
OCTOBER 13, 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: Jason Ruffell, Lori Eaton-Smith, James Switzer and Stephen Tobin, Superintendent of Highways Jerry Santangelo, Building Inspector/Code Enforcement Officer Edward Collins, Director of Recreation & Parks William Riddell, Sole Assessor Christine Luteyn, Library Trustee Gail Grinnell, Dog Control Officer Mark Plyter, Attorney for the Town Alan Knauf and Town Clerk Debra DeMinck.
 
Absent: Superintendent of Water Utilities Robert Wykle, Accounting Supervisor Lois Buckalew
 
8 residents and visitors were present at portions of the meeting.
 
Mr. Tobin led the Pledge of Allegiance.
 
Approval of the Agenda – A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the agenda with the following additions: under Old Business – add first draft from the Board of Ethics and under New Business add “Adopt Legal Notice for Budget Public Hearing”. 5 Ayes 0 Nays MOTION CARRIED
 
Comments from the Public – None
 
Approval of Minutes - Mr. Kelsch asked for approval of the minutes of the September 29, 2008, Town Board meeting. A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to approve the minutes as presented.
5 Ayes 0 Nays MOTION CARRIED
 
CorrespondenceNone
 
Attorney for the Town ReportMr. Knauf had a conference call with the Town Assessor and the appraiser on the DKR Assessment Case regarding the preliminary appraisal. He had the abstract for the Community Center updated and retitled.
 
Department Head Reports –
Superintendent of Water UtilitiesA motion was made by Mr. Switzer, seconded by Mr. Tobin, to accept the October 2008 report as presented. 5 Ayes 0 Nays MOTION CARRIED
 
Superintendent of HighwaysA motion was made by Mr. Kelsch, seconded by Mr. Switzer, to accept the October 2008 report as presented. 5 Ayes 0 Nays MOTION CARRIED
 
Building Inspector/Code Enforcement OfficerA motion was made by Mr. Ruffell, seconded by Mr. Tobin, to accept the October 2008 report as presented. 5 Ayes 0 Nays MOTION CARRIED
 
Director of Recreation & Parks – A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the October 2008 report as presented. 5 Ayes 0 Nays MOTION CARRIED
 
Sole AssessorA motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the October 2008 report as presented. 5 Ayes 0 Nays MOTION CARRIED
 
Ontario Public Library - A motion was made by Mrs. Smith, seconded by Mr. Tobin, to accept the October 2008 Library report as presented. 5 Ayes 0 Nays MOTION CARRIED
 
Ontario Town CourtA motion was made by Mr. Tobin, seconded by Mrs. Smith, to receive the October 2008 report as presented. 5 Ayes 0 Nays MOTION CARRIED
 
Dog Control OfficerA motion was made by Mrs. Smith, seconded by Mr. Switzer, to accept the October 2008 report as presented. 5 Ayes 0 Nays MOTION CARRIED
 
Economic Development Department - A motion was made by Mr. Switzer, seconded by Mr. Ruffell to accept the October 2008 report as presented. 5 Ayes 0 Nays MOTION CARRIED
 
Old Business – Thomas Drexler, Chairman of the Board of Ethics, presented the Board with their first draft proposal on Chapter 13 – Code of Ethics in the town code book. A discussion followed. The Attorney for the Town will review the draft and it will be discussed at length at a future workshop.
 
New Business – A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to adopt a 
 

RESOLUTION TO APPROVE
LEASE EXTENSION

 

 WHEREAS, Crown Atlantic Company, LLC (the “Tenant”) leases from the Town of Ontario (the “Town”) property at 6449 Furnace Road in the Town, pursuant to a Lease Agreement (the “Lease”) dated October 19, 1993, where it has located a cellular telephone tower; and
 
WHEREAS, Tenant desires to add ten additional five-year option terms to that Lease so that it could be extended until as long as November 17, 2068, and the Town has negotiated acceptable terms for such an Extension; and
 
 WHEREAS, a proposed agreement to add those additional option terms to the Lease (the “Extension”) has been prepared by Tenant and is available for review at the office of the Town Clerk; and
 
 WHEREAS, the Extension would be a Type II action under the State Environmental Quality Review Act, pursuant to 6 N.Y.C.R.R. §617.5(c)(26), since it is a lease renewal; and
 
NOW, THEREFORE, IT IS RESOLVED, that the Town Board authorizes the Town Supervisor to execute an extension of the Lease to add ten additional five-year option terms, in a form substantially similar to the proposed Extension, subject to approval of the Attorney for the Town; and it is
 
FURTHER RESOLVED, that this Resolution is subject to a permissive referendum, pursuant to Town Law §64(2), and shall not be effective unless either no petition requesting a referendum meeting the requirements of Town Law §91 is filed on or before November 12, 2008, or this Resolution is approved by the affirmative vote of majority of the qualified electors of the Town of Ontario voting on approval of the Resolution; and it is
 
FURTHER RESOLVED, that the Town Clerk shall publish a notice in the Wayne County Mail on October 16, 2008, which shall: (1) set forth the date of the adoption of this Resolution; (2) contain an abstract of this Resolution concisely stating its purpose and effect; (3) specify this Resolution was adopted subject to a permissive referendum; (4) state that on or before November 12, 2008, a petition signed, and acknowledged or proved, or authenticated by electors of the town qualified to vote upon a proposition to raise and expend money, in number equal to at least five per centum of the total vote cast for governor in the Town in 2006, but which shall not be less than 25, protesting against the Resolution and requesting that it be submitted to the qualified electors of the Town for their approval or disapproval; and it is
 
FURTHER RESOLVED, the Town Clerk shall also cause a copy of the Notice to be posted on the sign board of the Town maintained pursuant to Town Law §30(6) on or before October 23, 2008. 5 Ayes 0 Nays RESOLUTION ADOPTED

 
A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to execute the lease extension agreement between Crown Castle and the Town of Ontario contingent upon review by the Attorney for the Town. 
5 Ayes 0 Nays MOTION CARRIED
 
A motion was made by Mr. Ruffell, seconded by Mr. Switzer, to adopt a
 

RESOLUTION MAKING NEGATIVE DECLARATION
AND ENACTING LOCAL LAW

 

  WHEREAS, Proposed Local Law No. 4 of 2008 (the “Local Law”) would amend which would amend the Chapter A154 of the Code of the Town of Ontario, entitled “Land Development Regulations and Public Works Requirements,” as adopted by Local Law No. 1 of 2004 (the “Land Development Regulations”); and
 
WHEREAS, the Local Law has been on the desks of all Town Board members since July 14, 2008; and
 
WHEREAS, an Environmental Assessment Form (“EAF”) was prepared for the Local Law by MRB Group, which the Town Board has reviewed; and
 
WHEREAS, a full statement of the Local Law, including the EAF, was referred to the Wayne County Planning Board on September 15, 2008, pursuant to General Municipal Law §239-m, and at its September 24, 2008 meeting, it recommended approval of the Local Law; and
 
WHEREAS, Notice of a Public Hearing on the Local Law was published in the Wayne County Mail on August 14, 2008, and the Town Clerk also caused a copy of that Notice to be posted on the sign board of the Town maintained pursuant to Town Law §30(6) on August 14, 2008, and mailed to the clerks of adjoining towns and the Monroe County Legislature on August 4, 2008; and
 
WHEREAS, a public hearing was duly held on the Local Law on August 25, 2008 at 7:00 PM before the Town Board at the Ontario Town Hall, and all persons desiring to speak were heard; and
 
NOW THEREFORE, IT IS RESOLVED, that the Town Board has considered the Local Law and its potential for environmental impacts; reviewed and considered the EAF, the criteria contained in 6 N.Y.C.R.R. §617.7(c), and other supporting information to identify the relevant areas of environmental concern; and thoroughly analyzed the identified relevant areas of environmental concern to determine if the Local Law may have a significant adverse impact on the environment, and finds that the Local Law would not have a significant impact on the environment, because the Local Law:
 
1.  Makes the Land Development Regulations consistent with the new Chapters 116 (Stormwater Management) and 118 (Stormwater Pollution) of the Town Code in order to ensure better stormwater management and reduce pollution.
 
2.  Makes minor adjustments to septic and sewer requirements in line with current needs and practices.
 
3.  Adds Parking Space Guidelines that had been removed from Chapter 150 (Zoning) of the Town Code in order to provide for adequate parking.
 
4.  Increased certain road requirements to sure they are adequately paved and there is adequate snow storage and maneuverability for temporary hammerhead turnarounds.
 
5.  Updates material, inspection and drawing standards.
 
6.  Would not result in any identified negative environmental impacts, but only positive impacts, and is consistent with the Comprehensive Plan.
 
IT IS FURTHER RESOLVED, that pursuant to the State Environmental Quality Review Act, a Negative Declaration shall be made and duly filed, and an environmental impact statement need not be prepared; and it is
 
FURTHER RESOLVED that, pursuant to the Municipal Home Rule Law, Proposed Local Law No. 4 of 2008 is hereby enacted, and shall be filed with the Secretary of State. 5 Ayes 0 Nays RESOLUTION ADOPTED

 
A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to surplus two (2) Dell hard drives, two (2) keyboards, a Microsoft mouse and an HP photo smart 7550 printer as recommended by the Town Clerk in a memo. 5 Ayes 0 Nays MOTION CARRIED
 
A motion was made by Mr. Tobin, seconded by Mrs. Smith, to authorize the Justice Court to post and advertise for part-time bailiffs to build a bailiff pool for the court as requested by the Justices in a memo. 
5 Ayes 0 Nays MOTION CARRIED
 
A motion was made by Mr. Switzer, seconded by Mr. Tobin, to authorize the refund of building fees totaling $1,115.00, minus the permit fee of $215.00, to Dwane Vandame due to the fact that he is no longer building a house at 7120 Ontario Center Road as recommended by the Building Inspector/Code Enforcement Officer in a memo. 5 Ayes 0 Nays MOTION CARRIED
 
A motion was made by Mr. Ruffell, seconded by Mrs. Smith, to approve an amendment to the fee schedule for an addition of a $25.00 fee for the Town of Ontario, Part A, Section 1, for Administrative Subdivision Fees and a $150.00 fee for the Town of Ontario, Part C, Section 2, for Administrative Subdivision; Engineer Review Fee (residential) effective 10/13/2008 as requested by the Building Inspector/Code Enforcement Officer. 5 Ayes 0 Nays MOTION CARRIED
 
A motion was made by Mr. Switzer, seconded by Mrs. Smith, to adopt the
 

NOTICE OF PUBLIC HEARINGS ON THE PRELIMINARY BUDGETS OF THE
TOWN OF ONTARIO FOR 2009

 

NOTICE IS HEREBY GIVEN that the annual preliminary budget of the Town of Ontario for the fiscal year beginning January 1, 2009 has been completed and filed in the office of the Ontario Town Clerk at 1850 Ridge Road, Ontario, New York where it is available for public inspection by any interested persons during regular business hours.
 
NOTICE IS FURTHER GIVEN that the Ontario Town Board will conduct public hearings thereon at the Ontario Town Hall, 1850 Ridge Road, Ontario, New York on Monday, October 27, 2008 to present said Preliminary Budget and hear public comment on same.
 
NOTICE IS FURTHER GIVEN that the schedule of public hearings is as follows:
 
7:15 PM proposed 2009 contract with the Ontario Volunteer Emergency Squad
7:20 PM proposed 2009 contract with Northeast Quadrant Advanced Life Support, Inc.
7:25 PM proposed 2009 contract for fire and ambulance service with the Union Hill Volunteer
Firemen’s Association
7:30 PM proposed 2009 Ontario Fire District budget
7:35 PM proposed 2009 contract with Ontario Rural Fire Protection District
7:40 PM proposed 2009 Business Improvement District budget
7:45 PM proposed 2009 budgets for the General Fund, Highway, Library, Water, Sewer, Watershed Management Fund,
Lighting District #1 and Lighting District # 2
 
 NOTICE IS FURTHER GIVEN that pursuant to Section 108 of the Town Law; the proposed maximum salaries for the calendar year 2009 of the following town officials are set at:
 
TOWN SUPERVISOR      $ 50,725.
Supervisor/Budget officer     $ 2,122.
TOWN CLERK*      $ 53,318.
Town Clerk/Registrar     $ 515.
TOWN JUSTICE 2 @    $ 16,863.
SUPERINTENDENT OF HIGHWAYS    $ 62,194.
Superintendent of Highways/Watershed     $ 3,195.
TOWN COUNCILMEMBERS 4 @     $ 7,048.    
* includes Receiver of Taxes & Assessments 5 Ayes 0 Nays MOTION CARRIED
 
Budget Transfers/Adjustments - A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to approve the following budget transfers:
GENERAL FUND transfer $1,550.00 from F1990.4 to F8020.4
WATER FUND transfer $16,397.00 from F1990.4 to F8330.2
WATER FUND transfer $31,511.00 from F9950.9 to F8330.2 5 Ayes 0 Nays MOTION CARRIED
 
Reports by Town Board Members – Mr. Kelsch received a publication from the New York State Association of Counties regarding a notification that next year all local governments will need to adopt a resolution specifying the amount of time elected and appointed officials work on behalf of the town. A brief discussion followed with Mr. Knauf.
 
Mr. Switzer extended condolences on behalf of the town to Mr. Wykle on the death of his mother. He reported the Vision Plan Steering committee is making progress.
 
Approval of Claims - A motion was made by Mr. Switzer, seconded by Mr. Tobin to approve the abstract of claims for October 13, 2008, including vouchers #2431 through #2631 with a grand total of $551,432.63 and to authorize the Supervisor to issue payments for same. 5 Ayes 0 Nays MOTION CARRIED
 
Comments from the Public – Mrs. Stark shared with the board that she attended the EMS New York State Conference in Buffalo and two people from Wayne County received awards.
 
Executive Session - A motion was made by Mr. Tobin, seconded by Mr. Switzer, to move into an executive session at 8:45 PM for a potential real estate matter. 5 Ayes 0 Nays MOTION CARRIED
 
Reconvene – 9:49 PM
 
Adjourn - A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to adjourn at 9:49 PM 5 Ayes
0 Nays MOTION CARRIED
 
               Respectfully submitted,
 
   
               Debra DeMinck
               Ontario Town Clerk
 
The above minutes will become official upon approval of the town board.









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