Letter to the Board

 

STATE AUDIT: WAYNE-FINGER LAKES BOCES DID NOT NOTIFY
SCHOOLS OF $1.7 MILLION IT ALLOCATED TO RESERVES  

 

 
W-FL BOCES Response to Comptroller’s Press Release
 

###

MINUTES:                                                 

Adopted: Vote Ayes 5 Nays 0
 
CORRESPONDENCE:
Susie Jacobs read the following email:
 

 
Motion by Councilman Maciuska to accept and file.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
 
Supervisor Plant requested that a copy be forwarded to him so that he may respond.
 
Susie Jacobs indicated that as instructed by the NY State Comptroller’s office, the Planning and Zoning Board minutes should be filed in the Town Clerk’s office. She noted that they have not been filed since she took office. They are stored in the vault by the Planning and Zoning Board Clerk.
 
 
PRESENTATION FROM THE BONADIO GROUP:
 
Mr. Randall Shepard, CPA from the Bonadio Group, gave a presentation on the Independent Accountant’s Report on Applying Agreed-Upon Procedures of various areas within the Town. He thanked those who had assisted in the engagement. In looking at the report entitled Independent Accountants Report on Applying Agreed-upon Procedures - and what he was instructed to do was to perform procedures as outlined in this document - he stated that their engagement was not an audit, which would be an expression of an opinion on compliance; they were hired to perform certain procedures and to provide certain findings on those. He stated that the way the report was formatted was that you would see a procedure and then following was a finding. He wanted to make it clear that the word “Finding” was not indicative of a negative or a problem - it was their way or language and standards to report them. In each of the areas - Justice Court, Town Clerk, Bookkeeper and Tax Collector, we performed the same procedures; in one or two of the areas there might have been some specific procedures in that area that might be different, such as Decals, due to the system used. He went through and gave some examples of procedures done and findings, as explained in the report. He commented that he could be contacted directly or through Supervisor Plant for more information, if needed. He stated that they had performed in general some interviews of the staff in each department, to understand the nature of the services and the duties, and to make sure that they had a good sense of what the duties were and that there was a process in place and that we document these procedures for our records and files. Mr. Shepard noted that in connection with their engagement, they also issued a separate document titled “Recommendations and General Observations,” which he presented to Council members tonight. Once again he stressed that this was not an opinion of any sort, but rather some additional information for the Town to consider going forward, to add some additional control in the department areas or to change the things that were being done. He did not review the document with the Board and asked that they review it at their leisure and contact him if there were questions. He asked the Board if they had questions. Councilman Maciuska asked if, in his experience with clients, what would be construed as timely closing of the recommendations, whether we act or we don’t act - and justify why; what would he expect a reasonable turn-a-round period of time to be. Mr. Shepard stated that for a town of this size, looking at the size of the staff, he would say a couple of months. He went on to say that the Town should at least have a pretty good idea of what the plan would be, knowing that you can’t resolve everything in that period of time - but have a plan of attack; for that I would say six (6) months. None of these really have a financial cost to implement, so that makes it easier. Supervisor Plant stated that he would like to see a response to these within one (1) month. Councilman Maciuska stated that the Board needed to talk about this and what they wanted to do; he went on to say that the Town was on record now that there were recommendations and we were processing them and had to show due diligence that we were going to follow-up. If the State came in to audit, this was information for them to see how we had done and what we did with regard to follow-up, so we had to have a disposition for every one of these recommendations, why we decided either to do something or why we decided not to do something - we needed to have a reason why we did not want to do anything and we needed to answer to every recommendation; that was his position. Supervisor Plant stated that he would like every department to reply by the second Town Board meeting in July, 2009. Mr. Shepard stated that with regards to the State, we did use the State hand book; they would use it if they were to come in. Below are the following reports:

 
Motion by Councilwoman Hawkins-Mance to accept and file.
Seconded by Councilman Maciuska.
Adopted: Vote Ayes 5 Nays 0
 
SUPERVISOR’S REPORT:
Motion by Councilwoman Marini to approve and file the Supervisor’s Monthly Report for April, 2009, as presented.
Seconded by Councilman Maciuska. .
Adopted: Vote Ayes 5 Nays 0
PUBLIC PARTICIPATION:  
A resident from Greenview Drive commented that he had read in the paper that there was very little response to setting up regulations for alternative sources of energy. He stated that he was disappointed that people weren’t speaking in favor of the proposed Law - perhaps they believed that everything was fine and they didn’t need to speak out. He was here to speak in favor of the proposed Local Law. He inquired if the Town was aware that not too far to the east of us, there were gas/oil leases; did the Town need to have a say on these properties? Supervisor Plant responded that there were a number of gas/oil leases already, over 40 of them. The resident asked if there were any regulations on these or was it not necessary?
 
Supervisor Plant responded that at this point, regulations were not necessary. They had not come to any resolution yet. Councilman Maciuska stated that if they did, it was something that the Town would consider. Discussion ensued.
 
PUBLIC HEARING SCHEDULED:
Supervisor Plant stated that the notice for the scheduled 7:45 PM, Public Hearing would not take place because the newspaper for the Town was not able to get the right notification in. We were notified immediately of the error. Councilman Maciuska commented that State Law tells us that in order for the Town to have a Law, the public has to have a Public Hearing; and certain things have to be done and timelines followed that in the end we rely upon the newspaper to make the notifications for. In the instance where the newspaper makes an error, it puts the Public Hearing on hold because we haven’t been able to notify the public.
 

Councilman Maciuska offered the following Resolution 51-09 and moved its adoption. Seconded by Councilwoman Marini to wit.
      
WHEREAS a local law, that being proposed Local Law No. 4 , a copy of which is attached hereto, was introduced at this meeting by a member of the Town Board of the Town of Walworth; and
 
WHEREAS the Town Board of the Town of Walworth desires to hold a public hearing with respect to the adoption of said proposed Local Law;
 
NOW, THEREFORE BE IT RESOLVED that a public hearing be held by the Town Board of the Town of Walworth with respect to the adoption of the aforesaid proposed Local Law at 7:45 o’clock PM on Thursday, June 4, 2009, at the Lodge at Ginegaw Park, 3600 Lorraine Drive, Walworth, New York 14568; and it is further

 

BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law.
 
Adopted this 21st day of May, 2009, 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 52-09 PROPOSED LOCAL LAW NO. 5 OF THE YEAR 2009:

 

Councilman Maciuska offered the following Resolution 52-09 and moved its adoption. Seconded by Councilwoman Marini to wit.
      
WHEREAS a local law, that being proposed Local Law No. 5, a copy of which is attached hereto, was introduced at this meeting by a member of the Town Board of the Town of Walworth; and
 
WHEREAS the Town Board of the Town of Walworth desires to hold a public hearing with respect to the adoption of said proposed Local Law;
 
NOW, THEREFORE BE IT RESOLVED that a public hearing be held by the Town Board of the Town of Walworth with respect to the adoption of the aforesaid proposed Local Law at 8:00 o’clock PM on Thursday, June 4, 2009, at the Lodge at Ginegaw Park, 3600 Lorraine Drive, Walworth, New York 14568; and it is further
 
BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law.
 
Adopted this 21st day of May, 2009, 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.
 
UNSAFE BUILDING HEARING TIME 8:15 PM:
Supervisor Plant stated that the owner of properties located at 5012 Lincoln Road and 5041 Lincoln Road had received Notice of Unsafe Building dated May 8, 2009, according to the Walworth Town Code § 67. Councilman Maciuska commented that § 67 did not require a personal appearance; it just required a response to the charges, comments made by the Board and the notice that was sent by the Board. Susie Jacobs read the following:
 
Barbara J. Orenstein
Attorney and Counselor at Law
 
BY FAX and BY U.S. MAIL:
 
Philip D. Williamson,
Zoning Enforcement Officer,
Town of Walworth Building Department
May 14, 2009
 
RE: 5012 & 5014 Lincoln Rd, Town of Walworth
Property Owner: Ruth Ann LaMartina
 
Dear Phil,
Thank you for taking the time to discuss the above referenced matters with me this week.
 
As I mentioned to you, I am the attorney-consultant for the Guardianship program at Lifespan of Greater Rochester, Inc., which is the agency that has recently been appointed as the Guardian for Ruth Ann LaMartina.
 
Accordingly, we may need a bit of time to apprise ourselves of all the issues, including any assets of Ms. LaMartina’s that can possibly be marshaled to cover the costs of demolition, and so on. The Court mandates that as Guardian, we be governed by the best interest of our ward.
 
Lifespan will not be attending the Hearing scheduled for May 21, 2009.
 
We are amenable to the erection of any signage on either of the properties which will alert potential trespassers and/or vandals as to the danger of coming onto the said parcels. We leave this to the discretion of the Town of Walworth.
 
We are moving ahead with obtaining appraisals of both properties by real estate agents who are familiar with the area. We hope then to be able to sell the two parcels to maximize our ward’s assets.
 
We understand that the Town needs to secure the Cheese Factory structure to prevent vandalism and other potentially dangerous trespassing. Lifespan agrees to the securing of the building by the Town of Walworth, again in its discretion.
 
While we understand the Town’s views, Lifespan is requesting an additional 60 days in order to establish an effective strategy, both to comply with Walworth’s zoning requirements, and also to obtain the greatest monetary benefit for Ms. LaMartina.
 
Please rest assured that Lifespan will act as quickly as possible, given the circumstances.
 
Thank you very much for the courtesies extended here, and we will remain in close contact with you.
 
Very truly yours,
Barbara J. Orentsein, Esq.,
Attorney-Consultant to
Lifespan’s Guardianship
Program
 
Motion by Councilman Maciuska to accept and file.
Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 5 Nays 0

 

UNSAFE BUILDINGS 60-DAY EXTENSION AUTHORIZED:
Motion by Councilman Maciuska authorizing granting a sixty (60)-day extension.
Seconded by Councilwoman Hawkins-Mance.
 
Discussion: Councilman Yale inquired regarding procedures. Was it an extension or did we need to serve the notice again? Councilman Maciuska replied and discussion ensued. Councilman Maciuska amended the motion.
 
Motion by Councilman Maciuska granting a sixty (60)-day extension to July 15 at 5:00 PM.
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.
 
Councilman Maciuska will verify procedures with Attorney for the Town.
 
UNSAFE BUILDING-SECURE PROPERTY AT 5041 LINCOLN ROAD “WALWORTH CHEESE FACTORY”:
Motion by Councilman Maciuska to take steps necessary to secure the property known as “Walworth Cheese Factory,” including windows and doors and attaching appropriate signage to the building.
Seconded by Councilwoman Marini.

   

Discussion: Councilman Yale commented that while we needed to do something, he was concerned that by doing whatever we would be doing, we might be extending our liability. By doing nothing, we also have some liability…discussion ensued. Supervisor Plant stated that the Town makes a good faith attempt at securing the building.
Roll call vote:
	Councilman Maciuska      Aye
	Councilwoman Marini  Aye

                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye

 

Supervisor Plant  Aye

Motion carried.
 
RECESS:
Supervisor Plant indicated the Board would take a recess to complete the audit of claims.
Time: 7:58 P.M.
 
RECONVENE:
Supervisor Plant reconvened the regularly scheduled meeting.
Time: 8:12 PM.
 
RESOLUTION 48-09 – AUDIT OF CLAIMS:

WHEREAS, the following claims submitted at the scheduled Town Board Meeting of May 21, 2009, have been audited and approved by the appropriate Council Members.
 
BE IT RESOLVED that the claims be paid on Abstract #5, numbered 551 through 741, in the following amounts with the exception of voucher number 736; in the
amounts of $280.16 and $142.22, for a total of $422.38; Claimant’s name Susie C. Jacobs;

NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of Walworth adopts resolution 48-09.
 
Adopted this 21^ST day of May, 2009, at the meeting of the Town Council.
 
Discussion: Councilwoman Marini stated that she had inquired of the Town Clerk if two round trips daily to the NYS Town Clerk’s Conference were a necessity. Discussion ensued.
 
Roll call vote:    Councilman Maciuska      Nay
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Nay
   Supervisor Plant  Aye
Resolution carried.
 
DEPARTMENT HEAD REPORTS:
 
HIGHWAY
Mike Frederes, Highway Superintendent, reported that the grading at the Lodge at Ginegaw Park is done. Erosion problem on Baker Road has been repaired. Sidewalks in Walworth Hamlet were done.
 
SEWER
Nothing reported at this time.
 
RECREATION DEPARTMENT
Nothing reported at this time
 
ASSESSMENT
Nothing reported at this time.
 
ENGINEER FOR THE TOWN
Nothing reported at this time.
 
TOWN CLERK
Nothing reported at this time. Susie Jacobs requested to discuss a personnel matter with the Board in Executive Session.
 
 
RESOLUTION 50-09 - ADOPT NEW FEE SCHEDULE:
Councilwoman Hawkins-Mance offered the following Resolution 50-09 and moved its adoption. Seconded by Councilman Maciuska to wit:
 

Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Resolution carried.
 
MVP CORRESPONDENCE DISCUSSION:
Supervisor Plant stated that some of the comments and other data from the MVP letter dated May 15, 2009, were on file. The State of New York has increased employer-sponsored health insurance plan surcharges and assessments as part of an effort to balance out the State budget by increasing revenue. The group will receive an increase for the period from their 2009 effective date through July 1, 2009, that will recapture the months for which the surcharges and assessments had not been paid. They will be prorated over the remaining months of the contract period. It is approximately three percent, and Supervisor Plant stated that on one of the plans - the $15 co-pay one - it amounted to between $3 and $4 per paycheck for a family plan. He inquired if the Town or employees should pick up this cost.
 
Discussion ensued. Councilwoman Marini suggested that it go to the Health Care Committee, and Council members agreed.
 
Motion by Councilman Yale to accept and file and forward a copy to the Health Care Committee, requesting a response before the next Town Board meeting.
Seconded by Councilman Maciuska.
Adopted: Vote Ayes 5 Nays 0

 
COMMUNICATIONS COMMITTEE
Councilman Maciuska reported that he had received a proposal from Time Warner regarding picking up all three parcels. Councilman Maciuska reported that he needed to make a comparison report and have it prepared for the next Town Board meeting.
 
SEWER COMMITTEE
Councilman Maciuska reported that there was a meeting tomorrow with High Acres, and one of the engineers was going to come over and take a look at the Plant. Also, we are going to start a dialogue with regard to taking the dry sludge over there if we get the grant and we move forward with that.
 
LIBRARY COMMITTEE
Councilman Maciuska stated that he was not present at the meeting last week. There was a report on the May 2, 2009, Trustees Conference, with a number of Trustees attending workshops that were held to improve the service of the Library. Reading through the report, it was interesting to note three significant points: In general, the three organizations most supported by the media are the United Way, Red Cross and local libraries. The true sign of a civilized society is a library where 90 percent of all information is stored; and lastly, what better representation of a democratic, free society is there than a library that anyone can walk into and use. Based on reports and usage numbers, our library is a service to our residents.
 
RECREATION COMMITTEE
Motion by Councilwoman Marini appointing Linda Kleeman permanently to the position at Step Five, effective next payroll.
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Motion carried.
 

Councilwoman Marini reported that the next meeting would be June 11, at 7:30 PM, at the Lodge at Ginegaw Park.
 
ECONOMIC DEVELOPMENT COMMITTEE
Councilman Yale reported that the Committee had developed some recommendations for the Town, which he would have for the next Town Board meeting.
 
TOWN COMPLEX STUDY GROUP II
Councilwoman Hawkins-Mance reported that they were working on setting a date to get everyone together to review the architectural study groups. Councilman
 
Maciuska noted that this was to explore potential options, a “conceptual phase.” Councilman Yale stated that it was not to hire an architect to do a design; it was to hire an architect for a concept. This had to be kept very clear, “We do not want to promise people something that we don’t have an answer to.”
 
SEASONAL PUBLIC ASSEMBLY PERMIT- GREYSTONE GOLF CLUB
Motion by Councilman Maciuska approving a Seasonal Public Assembly Permit for Greystone Golf Club to be issued per the application, also based on the history that the Town had not received any complaints.
Seconded by Councilwoman Marini.
 
Discussion: Councilman Yale asked Susie Jacobs if she had any knowledge of any complaints. She responded “No.”
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Motion carried.
 
VOUCHER PARK PAVILION PRE-PAY AUTHORIZATION:
Motion by Councilman Maciuska authorizing pre-payment of Voucher 760, Claimant Lowes Business Account, Account HP8132.21, for an amount not to exceed $2,999.16.
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Motion carried.
 
 
ESTABLISH FINANCIAL POLICY COMMITEE:
Supervisor Plant established a Financial Policy Procedures Committee with Jean Johnson, Councilwoman Marini and Supervisor Plant.
 
EXECUTIVE SESSION:
Motion by Councilwoman Hawkins-Mance to enter into executive session to discuss employment history of a particular person or corporation, or matters leading to said dismissal, removal, promotion, appointment, employment, discipline, demotion, or suspension.
Seconded by Councilman Yale.
Adopted: Vote Ayes 5 Nays 0
Time: 9:20 PM.
 
RECONVENE:
Supervisor Plant reconvened the regularly scheduled meeting.
Time: 9:55 PM.
 
RECESS – RE-AUDIT ACCOUNT CLERK AND TOWN CLERK’S FINANCIAL BOOKS:
Time: 9:55 PM.
 
RECONVENE:
Time: 10:10 PM.
 
ACCOUNT CLERK AND TOWN CLERK RE-AUDIT FINANCIAL BOOKS PERFORMED:
Motion by Councilwoman Hawkins-Mance stating that the Board had performed a re-audit of the Account Clerk and Town Clerk’s Financial Books, and everything was “satisfactory.”
Seconded by Councilman Maciuska.
 
Comment: Councilman Maciuska commented that all departments that were requested to be re-audited had taken the Board’s advice and done a “good job,” making it easy for the Board to follow.
 
Adopted: Vote Ayes 5 Nays 0
 
APPROVE AMENDMENT TO RESOLUTION 48-09 - ADJUSTMENT TO ABSTRACT 5 - GENERAL FUND AUTHORIZATION:
Motion by Councilwoman Marini to approve an amendment to Resolution 48-09, with a modification to Claim number 736, in the adjusted amount of $361.43, Claimant Susie C. Jacobs, for a total of General Fund of $64,299.42.
Seconded by Councilman Maciuska.
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Motion carried.
 

 
Councilman Maciuska offered the following Resolution 54-09 and moved its adoption. Seconded by Councilwoman Marini to wit:
 

 
RESOLUTION DULY ADOPTED BY THE TOWN BOARD OF THE TOWN OF WALWORTH, WAYNE COUNTY, NEW YORK AT A MEETING OF SAID BOARD ON THE 21^st DAY OF MAY, 2009.
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Resolution carried.
 
STATE OF NEW YORK:
COUNTY OF WAYNE:  ss:
TOWN OF WALWORTH
 

 

 
(SEAL)
 
RESOLUTION 53-09 to Classify the Proposed Improvements to the Wastewater Treatment Plant as a Type II Action Pursuant to the NY State Environmental Quality Review Act (SEQRA):
 
Councilman Maciuska offered the following Resolution 53-09 and moved its adoption. Seconded by Councilwoman Marini to wit:
 
WHEREAS, the Town of Walworth has identified a need to install a screw press to dewater sludge at the Walworth Wastewater Treatment Plant; and
 
WHEREAS, the screw press will be installed in an existing room in an existing building and such action meets the criteria, “maintenance or repair involving no substantial changes in an
existing structure or facility,” included in the list of Type II actions in §617.5 of the SEQRA regulations;
 
NOW THEREFORE BE IT RESOLVED, THAT:
 The Walworth Town Board hereby classifies the proposed improvements to the Walworth Wastewater Treatment Plant as a Type II Action pursuant to the NY State Environmental Quality Review Act (SEQRA). 
This resolution shall take effect immediately.
 
The above resolution was made by Councilman Maciuska and seconded by Councilwoman Marini at a meeting of the Walworth Town Board, held on May 21, 2009. Following discussion on the resolution, the following roll call vote was recorded:
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Resolution carried.
 
I, Susie C. Jacobs, Town Clerk, Town of Walworth, attest to the accuracy of the above resolution and roll call vote and certify as to its being acted upon at a Town Board Meeting held on May 21, 2009.
 
___________________, Clerk
Town of Walworth
 

RESOLUTION 55-09 TO PROVIDE THE LOCAL SHARE OF THE COST OF THE

Councilman Maciuska offered the following Resolution 55-09 and moved its adoption. Seconded by Councilwoman Marini to wit:
 

 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Resolution carried.
 
STATE OF NEW YORK:
COUNTY OF WAYNE:    ss:
TOWN OF WALWORTH:
 
 I, Susie C. Jacobs, Town Clerk of the Town of Walworth, New York, do hereby certify that I have compared the foregoing resolution passed and adopted by the Town Board of the Town of Walworth, New York on the 21st day of May, 2009 with the original now on file in my office and the same is a correct and true copy of said resolution and of the whole thereof.

 
DESIGN CRITERIA:
Motion by Councilwoman Hawkins-Mance to table the Design Criteria until the next Town Board meeting.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
 
RESOLUTION 49-09 - FINANCIAL TRANSACTION:
Councilwoman Hawkins-Mance offered the following Resolution 49-09, and moved its adoption. Seconded by Councilman Yale to wit:
 

 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
Resolution carried.
 
ADJOURNMENT:
Motion by Councilwoman Hawkins-Mance to adjourn. Seconded by Councilman Maciuska and unanimously carried.
Time: 10:14 PM.
 
 
Respectfully Submitted,
 
 
Susie C. Jacobs
Town Clerk

WALWORTH TOWN BOARD – REGULAR MEETING

4 JUNE 2009

Presiding Supervisor Plant called the regularly scheduled Town Board meeting, held at the Lodge at Ginegaw Park, 3600 Lorraine Drive, to order at 7:30 PM.
 

MINUTES:

Adopted: Vote Ayes 5 Nays 0
 
 

 
CORRESPONDENCE: 
1.   Susie Jacobs indicated that she had received the following item from the Town of Macedon:
 
Dated: May 27, 2009
Town of Walworth
Susie Jacobs, Town Clerk
RE: Canandaigua Road/Gananda Parkway – ESL Federal Credit Union
Attached is a Notice of Public Hearing for the above project which may be within 500 ft. of your municipality.
 
Should you have any questions or require further information, please contact this department.
 
Susan Bush
Building & Zoning Clerk
 

LEGAL NOTICE
TOWN OF MACEDON PLANNING BOARD
 

Motion by Councilman Maciuska to accept and file.

Adopted: Vote Ayes 5 Nays 0
 

Motion by Councilwoman Marini to accept and file.

As in the past, the Gananda Rotary Club will host the Annual Gananda Garage Sale, which will occur this year on June 13 and 14 (Saturday and Sunday). The
area covered by this two (2) day event is the main Gananda development between Route 350 on the east and the Gananda Parkway on the west.
 
Due to a very heavy congestion of traffic during this sale, we wish to inform the law enforcement agencies in the area, as well as town officials and highway and fire departments.
 
The Rotary Club posts “No-Parking This Side” signs on one side of Waterford Road, Wildflower Drive, Evergreen Circle and Pinewood Drive. We have informed highway, police and fire departments of these restrictions. We hope this will keep traffic flow moving and allow for any emergency vehicles which may need to travel in or through the development during that time.
 
Porta potties, garbage toters and food service will be set up throughout the event. I hope this information will keep your officers informed in case of any traffic tie-ups. We anticipate a fine day and fun time.
 
If you need to reach me prior to the event, or during the event, I can be contacted at my home or office numbers listed above.

Our Rotary Club booths will be set up at Waterford Road (near the intersection of Pinewood Drive), and on Wildflower Drive (near the soccer field).
 
Thank you for your time and consideration.
 
Sincerely,
Patti Holdraker
Secretary
Gananda Rotary Club

Motion by Councilwoman Marini to accept and file.

PUBLIC PARTICIPATION:
No one present offered any comments.
 
DEPARTMENT HEAD REPORTS:
HIGHWAY DEPARTMENT
Nothing reported at this time.

SEWER – ORCHARD STREET WATER LEAK
Rob Burns, Sewer Superintendent, thanked Highway Department and the Wayne County Water & Sewer Authority (WCWSA) for their assistance in finding and repairing two (2) leaks. He noted that by stopping these leaks, 50,000 gal./day were saved coming into the Waste Water Plant. This was a very good “find.”
 
RECREATION – THANK YOU
 
Jacqueline Van Lare thanked Highway, Sewer and everyone that helped with the Lodge and Ginegaw Park – “It’s a beautiful building.”
 

Nothing reported at this time.
 
ENGINEER FOR THE TOWN – GREEN INNOVATION GRANT APPLICATION SUBMITTED
Carl Hewings, Engineer for the Town, reported that the Green Innovation Grant Application on behalf of the Town was submitted on May 29, 2009.
 
ATTORNEY FOR THE TOWN
Nothing reported at this time.
 
TOWN CLERK – Free Fishing Days
Susie Jacobs, Town Clerk, stated that New York State would be offering free fishing days on June 27 and June 28 - no license would be needed during this weekend. The Town Clerk’s office has information regarding increased rates for hunting and fishing licenses.
 
TOWN CLERK – RESCIND DEPUTY CLERK APPOINTMENT
Susie Jacobs, Town Clerk, rescinded the appointment of Denice Cavallo as Deputy Town Clerk III, serving without compensation.
 
PUBLIC HEARING PROPOSED LOCAL LAW NO. 4 OF THE YEAR 2009:
7:45 PM:
Susie Jacobs, Town Clerk, stated that the notice of Public Hearing for Proposed Local Law No. 4 of the Year 2009 was duly published two (2) times in the Town’s official newspaper on May 24 and May 31, 2009, with the same dates being posted at the Town Hall. Copies were available for the public.
 
Supervisor Plant declared the Public Hearing opened.
Time: 7:46 PM.
 
No comments were heard from the public.
 
Motion by Councilman Yale to close the Public Hearing.
Seconded by Councilwoman Marini.
 
Discussion: Councilman Maciuska noted that in reviewing the Proposed Law there was a minor change in the final reference; he will supply the correct information to the Town Clerk:

Councilman Maciuska stated that the Town was not going to act on this tonight because the County Planning Board had not had an opportunity to review the documentation, due to their meetings being once a month. He stated that the Town was going to await their response before adopting the proposed Local Law.
Adopted: Vote Ayes 5 Nays 0
Time: 7: 47 PM.

COMMITTEE REPORTS:
DRAINAGE COMMITTEE
Councilwoman Hawkins-Mance reported that a resident from Baker Road called to thank the Town of Walworth and the Highway Department for fixing a drainage ditch on property that had an erosion problem.
 

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

Motion by Councilman Yale to approve the issuance of a burn permit for 2369 Walworth Marion Road, based on the location of the burn pile on the parcel and its low density. Seconded by Councilwoman Hawkins-Mance. .
Adopted: Vote Ayes 5 Nays 0

Motion by Councilman Yale to approve the issuance of a burn permit for 4836 Walworth Ontario Road, on the basis that this is a large parcel with less populated structure.
Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 5 Nays 0
 
 
NYMIR SUBSCRIBER CAPITAL DISBURSEMENT:

Adopted: Vote Ayes 5 Nays 0

PUBLIC HEARING PROPOSED LOCAL LAW NO. 5 OF THE YEAR 2009:
8:00 PM:
Susie Jacobs, Town Clerk, stated that the notice of Public Hearing for Proposed Local Law No. 5 of the Year 2009 was duly published two (2) times in the Town’s official newspaper on May 24 and May 31, 2009, with the same dates being posted at the Town Hall. Copies were available for the public.
 
Supervisor Plant declared the Public Hearing opened.
Time: 8:01PM.
 
No comments were heard from the public.
 
Motion by Councilman Maciuska to close the Public Hearing.
Seconded by Councilwoman Hawkins-Mance.
                        
Time: 8:02 PM.
 
Discussion: Councilman Maciuska stated that the Proposed Local Law had some typos and run-on words that needed to be corrected; he had those captured and would provide the update to the Town Clerk. He noted for those who had not attended previous hearings that the attempt of this law was really to make it reasonable for anyone who wanted to go with wind energy in Town to have a law that was very workable - especially for farmers and homeowners. The intent of the
 
Law was to make sure that we did it safely and respectfully of our neighbors. And once again, this Law was waiting on the Wayne County Planning Board’s letter of receipt.
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
 
Motion carried.
 
 
ADJOURNMENT:
Motion by Councilwoman Hawkins-Mance to adjourn.
Seconded by Councilman Maciuska and unanimously carried.

 
Respectfully Submitted,
 
 
Susie C. Jacobs
Town Clerk

 

WALWORTH TOWN BOARD – REGULAR MEETING

18 JUNE 2009

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.
 

MINUTES:                                                 

Adopted: Vote Ayes 4 Nays 0
 
MINUTES:                                                 

Adopted: Vote Ayes 4 Nays 0
 
MINUTES:                                                 

Adopted: Vote Ayes 4 Nays 0
 
PUBLIC PARTICIPATION:
Anthony Evans, Orchard View Development, commented that it had been brought to his attention that the Town had received several complaints regarding trees that were being cut down on property that we owned at Orchard View Estates. He stated that he was here to address that issue. He continued that when they first received approvals for Orchard View, they stated that they would dedicate a little over ten (10) acres of land to the Town to keep as green space. A couple of years ago they approached the Town Board for permission to go in and clean up the same area to build walking trails, take out dead trees and move trees that must be moved. The Board agreed, and that is what is being done now, the cutting down of trees, thinning out of the area, and trying to make way for the walking trails. We have Eagle Scouts lined up to go in there and help us do that. We are receiving complaints about the trees and are trying to do our best; but if the Town feels that we are doing something we shouldn’t be, we will definitely stop - which we already have, actually, until we receive further direction from the Town Board. Discussion ensued. The Town has not accepted the land yet, the land still belongs to Orchard View Development. Councilman Maciuska asked if there was a plan for the land (conceptual rough plan); Mr. Evans stated, “yes.” Mr. Evans stated that if the Town wanted him to stop, he did not have a problem stopping. He would leave it just like it was and dedicate it right now to the Town. Supervisor Plant stated that the idea was that the land would not be dedicated until the last sections were done - to see if there were changes because of lots as they were divided out; and we did not want to lock anyone into a specific line that might change by a few feet one way or another. Mr. Evans agreed. Supervisor Plant stated that he had received a few complaints, and the Code Enforcement Officer (CEO) did go out to look and felt that Orchard View was just clearing trails and dead trees out of there. He noted that the CEO stated that it may look different to residents because of where they have to drag things out; Mr. Evans explained the process. Mr. Evans noted that at one point he had given the homeowners permission to go back beyond their area and clean that down so that they would have a better look, and it grew back within a year and I anticipate the same old growth to grow back again. Mr. Evans explained that in talking to the logging company that he is using, the trees that are there and still need to come down are the ones that are cracked and quite a few hollow trees ; but also to take out all the other garbage that is in there and we are getting a lot of stuff that is still being thrown into there by the residents, which according to them, they think it is legal because the Town owns it. This is the explanation that they gave me. They thought that as long as the Town owns it, they can actually dump on it. Councilman Maciuska stated that the Town of Walworth has an Anti-Dumping Ordinance, where residents can be cited for dumping. Councilman Maciuska stated that in his personal opinion Mr. Evans had already worked it out with the Scouts; it was in harmony with the overall plan development for recreational use of the community and that Orchard View should continue doing what you are doing; we will let the CEO handle the complaints. It would make it easier if he could show them the conceptual plans so they knew exactly what was going on. Councilwoman Hawkins-Mance questioned if he was not doing a total clearing of every tree, correct? Mr. Evans responded, “No,” that would not be beneficial to him or anyone. Councilman Maciuska noted that part of the cluster agreement was that part of that hard wood area would be dedicated to the Town. Part of a good forest is managing it well, clearing out the bad trees. Supervisor Plant noted that this land did not have a “forever wild” designation as some residents were thinking.
 
Motion by Councilman Maciuska authorizing Anthony Evans, Orchard View Development, to continue with the Plan.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 4 Nays 0
 
Mr. Ray Zientara, owner of property at 787 Plank Road, stated that this was a
Garage for car work, very close to the Lincoln Fire house - the building was originally
built for collision work and tire sales. He stated that it should be covered under
“Grandfather’s rights.” Mr. Zientara came before the Board to inquire about the
possibility of renting out the building to T & G Transport Company, who wished to
operate a vehicle donation program to benefit The Humane Society at Lollypop
Farm. The building would be used to clean and detail donated vehicles - not for
sales, and it was estimated that 10-12 vehicles could be expected at any one time
in or around the establishment. Denise Munson, Attorney for the Town, reported
that the sticking point in getting this approved was that the Code in the hamlet
required this to be a secondary use but there is no primary use currently
established. Supervisor Plant stated that this would require a modification to Town
Code. Discussion ensued. Councilman Maciuska stated that this would be a
Planning Board issue because a Special Use Permit was Planning Board and not
Town Board. It was recommended that the Code Enforcement Officer be the
contact person should T & G Transport wish to pursue this matter. However, Mr.
Zientara was warned that this would likely be a lengthy process, and not likely to
mesh with the company’s timeline.
 
CORRESPONDENCE:
Susie Jacobs, Town Clerk, had nothing to enter into record.
 
Supervisor Plant had the following two (2) items for correspondence:

1.   June 11, 2009
Dear Mr. Plant:
We have completed our review of the intersection of Route 441 and Gananda Parkway in the Town of Walworth for the need for advanced warning at the newly installed signal.
 
Our review has found that a signal ahead sign for westbound vehicles would be appropriate. This work will be completed by our maintenance forces as work schedule and ordering permit.
 
Sincerely,
David C. Goehring, P.E.
Regional Traffic Engineer
 
2.   Happy 90^th Birthday Stuart!
The families of Stuart Huntley will be honoring him with an open house on the occasion of his 90^th birthday.
Please join us in celebrating this milestone in Stuart’s life.
Date: August 9, 2009
Place: The Lodge at Ginegaw Park
Lorraine Drive, Walworth, NY
Time: 2-4 p.m.
Your presence and birthday wishes on this special day will be a memorable gift for Stuart.
 
Motion by Councilwoman Hawkins-Mance to accept and file the two (2) above pieces of correspondence.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 4 Nays 0
 
SUPERVISOR’S REPORT:
Motion by Councilwoman Marini to approve and file the Supervisor’s Monthly Report for May, 2009, as presented.
Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 4 Nays 0
 
COUNCILMAN YALE ENTERED THE MEETING:
Time: 7:45 P.M.
 
DEPARTMENT HEAD REPORTS:
HIGHWAY – APPROVE J MILES
Mike Frederes, Highway Superintendent, stated that Supervisor Plant had the Amendment to the New York State Snow and Ice Contract for 2008/2009 so that the Town could get the excess amount of the contract; the J miles worked out at 115% so we will receive approximately $8,000.00 extra for the Snow and Ice Contract that was signed.

Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
 
Resolution carried.
 
HIGHWAY - WAYNE COUNTY SNOW AND ICE CONTRACT UPDATE
Mike Frederes, Highway Superintendent, reported that the Wayne County Snow and Ice Contract was for Time and Materials. The contract from last year worked out better financially for the Town.
 
SEWER
Nothing reported at this time.
 
RECREATION DEPARTMENT
Nothing reported at this time.
 
ASSESSMENT
Nothing reported at this time.
 
ATTORNEY FOR THE TOWN
Nothing reported at this time.
 
TOWN CLERK
Nothing reported at this time.

Councilman Maciuska reported that the sewer extension across Black Creek was going very well. They have made considerable headway; they ran into some problems, however they have worked through them. We do have an engineer from Parrone Engineering on site every day who is watching, so we do have oversight. He reported that he expects they will be right on schedule with the project.
 
LIBRARY COMMITTEE -
Councilman Maciuska reported that the number of items checked out was down over the last month compared to previous months; it looks like it may be because there have been fewer people/ kids signing up for programs, as well as the time of year - that may be the reason why, and we will have to work through that.
 
TOWN CLERK – CMCI AUTHORIZATION
Motion by Councilman Maciuska authorizing Susie Jacobs, Town Clerk, to attend Cornell Municipal Clerk’s Institute held in Ithaca, New York, July 19 - 23, 2009, from budgeted line A1410.41, for an amount not to exceed $775.00, for registration, coursework, materials, meals, lodging for four nights, plus mileage.
Seconded by Councilwoman Marini.
Adopted: Vote Ayes 5 Nays 0
 
HEALTH CARE COMMITTEE
Councilwoman Marini reported that the Health Care Committee met a week and a half ago, and it was being recommended that we continue with the program that we started in April, 2009, of the Town’s payment of 100 percent of the single plan and the 80/20 split for the family plan, for the remainder of this fiscal year. To be reevaluated at budget time and make recommendations for next year.
 
Motion by Councilwoman Marini to accept the Committee’s recommendation as stated.
Seconded by Councilman Yale.
Adopted: Vote Ayes 5 Nays 0
 
DOG ENUMERATION
Councilwoman Hawkins-Mance stated that the dog enumeration would be starting soon, so the second half of the enumeration would hopefully be completed within this year’s time.
 
TOWN COMPLEX STUDY GROUP
Councilwoman Hawkins-Mance stated that Phase II met and we were missing a couple of Committee members. We need to get together with them, plan a date and then we will meet with the semi-finalists to try to get a better idea of the pricing structure that they intend to use so we have narrowed it down to two and proceed further with those.

Councilwoman Hawkins-Mance offered the following Resolution 61-09 and moved its adoption. Seconded by Councilman Yale to wit:
 
WHEREAS, Article 7, Section 78.3 of the Agriculture and Markets Law provides that any city, town or licensing village may, by local law or ordinance, set local license fees as provided for by Article 7 of the Agriculture and Markets Law. Upon the filing of a written request by a municipality, the Department shall print the amount of said local license fee on the license renewal forms mailed to the dog owners in that municipality. The local license fee shall be printed on the license renewal forms within sixty days of the receipt of said request, or on the effective day of the local law or ordinance, whichever is longer. If the department does not receive a written request from a municipality, the license renewal forms sent to dog owners in that municipality will not bear a local license fee and it shall be the responsibility of the municipality to notify dog owners of local fees, and
 
WHEREAS, the Town Board of the Town of Walworth has adopted Local Law No. 1 of the Year 2009 by Resolution 17-09 on February 19, 2009, Article III to Chapter 1 of the Walworth Town Code, entitled “Establishment and Modification of Fees” and further adding §1-17 entitled “establishment and Modification of Town Fees by Resolution ”, and
 
WHEREAS, the Town Board of The Town of Walworth had a Dog License Fee increase by Resolution on September 18, 1980, and

 
NOW BE IT RESOLVED, that the Town Board of the Town of Walworth authorizes the Town Clerk to collect the stated Dog License – Local Fees effective August 1, 2009,
 
FURTHER RESOLVED, that the Town Council of the Town of Walworth adopt Resolution 61-09.
 
Adopted this 18^th day of June, 2009, 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.
 

Councilwoman Hawkins-Mance offered the following Resolution 59-09 and moved its adoption. Seconded by Councilman Yale to wit:
 
WHEREAS, Article 7, Section 114 of the Agriculture and Markets Law provides that the governing body of any municipality may require its Dog Control Officer or any other authorized agent to ascertain and list the names of all persons in the municipality owning or harboring dogs, or in lieu thereof, any municipality may contract to have the same done;
 

 
AND WHEREAS, for health and safety reasons it is important to the Town of Walworth to know where dogs are being harbored in the Town;
 
NOW BE IT RESOLVED, that the Town Board of the Town of Walworth authorizes the Dog Control Officers to plan and conduct a Dog Census for the Town of Walworth beginning in the month of June, 2009, and anticipating ending in October, 2009. An additional charge of $5.00 to be applied to those dogs identified as unlicensed as per Article 7 Section 110 Sub (d).
 
FURTHER RESOLVED, that the Town Council of the Town of Walworth adopt resolution 59-09.
 
Adopted this 18^th day of June, 2009, at the meeting of the Town Council.
 
Discussion: Councilman Maciuska questioned if he was enumerated last year, if he would be enumerated this year. Councilwoman Hawkins-Mance stated, “No, we did half the town last year and the other half this year.”
 
Roll call vote:    Councilman Maciuska      Aye
  Councilwoman Marini  Aye
                           Councilwoman Hawkins-Mance  Aye
                           Councilman Yale  Aye
   Supervisor Plant  Aye
 
Resolution carried.
 
Councilwoman Hawkins-Mance asked if that would be re-advertised. Susie Jacobs, Town Clerk, replied that it would be.
 

Councilwoman Hawkins-Mance offered the following Resolution 58-09 and moved its adoption.

 
BE IT RESOLVED that the following banks be declared official depositories for Town Officials:

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

BURN PERMIT – 1974 FINLEY ROAD:
Motion by Councilman Yale authorizing approval of a Burn Permit for 1974 Finley Road; based on reviewing the map and location of the burn pile and the density of the area, it is clear that this is not a hazard or danger to others.
Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 5 Nays 0
 
 
BURN PERMIT – 4441 WALWORTH-ONTARIO ROAD:
Motion by Councilman Yale authorizing approval of a Burn Permit for 4441 Walworth-Ontario Road; based on reviewing the map and location of the burn pile and the density of the area, it is clear that this is not a hazard or danger to others. In addition, this is a large, almost eight (8)-acre, parcel.
Seconded by Councilwoman Hawkins-Mance.
Adopted: Vote Ayes 5 Nays 0
 
AUTHORIZATION PRE-PAY LOWES BILL:
Motion by Councilman Yale authorizing pre-payment of Lowe’s Home Center, Inc.
voucher, account number CM1-7110.23, for an amount not to exceed $1,280.64.
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.
 
EXECUTIVE SESSION:
Motion by Councilwoman Hawkins-Mance to enter into executive session to discuss pending or possible litigation.
Seconded by Councilman Maciuska
Adopted: Vote Ayes 5 Nays 0
Time: 8:07 PM.
 
RECONVENE:
Supervisor Plant reconvened the regularly scheduled meeting.
Time: 9:00 PM.
 
RECESS:
Supervisor Plant indicated the Board would take a recess to complete the audit of claims.
Time: 9:02 PM.
 
RECONVENE:
Supervisor Plant reconvened the regularly scheduled meeting.
Time: 9:27 PM.
 
RESOLUTION 60-09 – AUDIT OF CLAIMS:

WHEREAS, the following claims submitted at the scheduled Town Board Meeting of June 18, 2009, have been audited and approved by the appropriate Council Members.
BE IT RESOLVED that the claims be paid on Abstract #6, numbered 742 through 907, in the following amounts:

NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of Walworth adopts Resolution 60-09.
Adopted this 18^th day of June, 2009, 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.
 

 
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 Hawkins-Mance and unanimously carried.
Time: 9:27 PM.
 
 
Respectfully Submitted,
 
 
Susie C. Jacobs
Town Clerk

                              Att. H)
 
JUNE 22, 2009
 
ONTARIO TOWN BOARD MEETING
 

RESOLUTION FOR FINAL CLOSURE OF ONTARIO LANDFILL

   WHEREAS, the Town of Ontario (the “Town”) operated a Landfill (the “Landfill”) on Ontario Center Road in the Town; and
WHEAREAS, the New York State Department of Environmental Conservation (“DEC”) has claimed that the Landfill was operated without a permit, and not properly closed, all in violation of DEC regulations set forth at 6 N.Y.C.R.R. Part 360; and
WHEREAS, when the permit (the “Permit”) for the Landfill expired in 1981, the Town reportedly stopped accepting garbage and closed the Landfill; and
WHEREAS, some solid waste was reportedly accepted at the Landfill after that time, and there are areas of the Landfill that do not presently have two feet of cover that was required to close in compliance with the Permit; and
WHEREAS, revisions to the DEC Part 360 regulations effective since 1989 would require a much more costly closure, but the Town has claimed those requirements do not apply; and
WHEREAS, the Town desires to resolve this issue and settle any dispute with DEC without further legal costs or the risk of large fines, undertake closure of the Landfill in a manner satisfactory to DEC that will protect health and the environment, and allow the Landfill to be available for trails for recreational use; and
WHEREAS, DEC has approved the Engineering Report for the Closure-Post Closure Plan for the Town of Ontario Landfill (the “Closure Plan”) prepared by MRB Group, the Town’s Engineers; and
WHEREAS, DEC has prepared a draft Consent Order, which requires payment of a fine in the amount of $1,000, closure of the Landfill in accordance with the Closure Plan, and a suspended penalty in the amount of $30,000, payable if the Town does not meet its obligations under the Consent Order; and
WHEREAS, the Attorney for the Town has suggested changes to the Consent Order, including extending the deadline for closure of the Landfill until late in 2010; and
WHEREAS, while original estimates for the costs of closure of the Landfill were in excess of $6 million, the Plan negotiated by the Town is projected to cost approximately $2 million, using Town forces;
NOW, THEREFORE, BE IT RESOLVED that the Town Supervisor is authorized and directed to execute the Consent Order in a form reasonably acceptable to the Town Supervisor and the Attorney for the Town. 5 Ayes 0 Nays MOTION CARRIED