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20 JANUARY 2005
The regular Town Board meeting, held at the Walworth Town Hall, 3600 Lorraine Drive, was called to order at 7:30 P.M. by Supervisor Frank Guelli. Board members present: Daniel Keyes, Frank Maciuska, Patti Marini and Thomas Yale. Other town employees present: Norman Druschel, Building Inspector Debora Germain, Recreation Director Susie Jacobs, Receiver of Taxes Richard Morris, Attorney for the Town Paul Russell, Town Engineer Phil Williamson, Code Enforcement Officer Marcia Englert, Town Clerk
MINUTES:
Motion by Councilwoman Marini to approve the minutes of January 6, 2005 as presented. Seconded by Councilman Keyes and unanimously carried.
DECEMBER 2004 SUPERVISOR’S REPORT:
Motion by Councilwoman Marini to approve the December 2004 Supervisor’s report as presented. Seconded by Councilman Keyes and unanimously carried.
CLAIMS:
1. DRAINAGE:
Motion by Councilman Keyes to approve payment of the Drainage Claim totaling $275.00. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
2. GENERAL:
Motion by Councilman Yale to approve payment of General Claims totaling $95,739.00. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
3. HIGHWAY:
Motion by Councilman Keyes to approve payment of Highway Claims totaling $17,395.31. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
4. HIGHWAY GARAGE PROJECT:
Motion by Councilman Keyes to approve payment of Highway Garage Project Claims totaling $54,476.25. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried
5. LIGHTING:
Motion by Councilman Maciuska to approve payment of the following Lighting Claims: Walworth Light District $664.00 Harvest Hills Light District 638.02 Brookside Light District 9.72 Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
6. PARK SPECIAL REVENUE:
Motion by Councilman Maciuska to approve payment of the Park Expendable Trust Claim totaling $179.10. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
7. SEWER DISTRICT:
Motion by Councilman Maciuska to approve payment of Sewer District Claims totaling $79,764.16. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
8. TRUST & AGENCY:
Motion by Councilwoman Marini to approve payment of Trust & Agency Claims totaling $232.00. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
“CATCH A BUSINESS” AWARD:
Supervisor Guelli presented Marlene Hall, owner of Walworth Hardware, a “Catch A Business Award “ in recognition for being No. 1 in the sale of home standby generators for all the Do It Best Stores in the USA, of which there are approximately 4,000. Dan Hall and Kelli Craig were also recognized as they were the primary sales agents.
TAX RECEIVER REPORT:
Susie Jacobs, Receiver of Taxes, stated that 3,635 tax bills were mailed and to date 8.7% of the revenue has been collected. She also thanked the Board for the recently installed vault drop box.
PUBLIC PARTICIPATION:
1. WAYNE COUNTY MAIL:
Mike Jacobs, 3366 Heatherbrook Drive, thanked the Wayne County Mail as he was able to purchase the paper in Town last week and he is hopeful that it will be available weekly.
CANANDAIGUA ROAD BRIDGE CONTRACT:
Paul Russell submitted a report with an estimated project budget of $280,000, the Town’s portion of which would be $50,000. He noted that June or July is the approximate start date. The road will be closed 2-3 weeks.
MOTION: Motion by Councilman Maciuska authorizing the Supervisor to sign a contract with the County, subject to the approval of the Attorney for the Town. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
ACADEMY BUILDING:
James McIndoe, from Clark Patterson Assoc., presented the Planning Phase Estimate. Copy is attached.
1. SEQR: UNLISTED ACTION:
In regard to the SEQR review in connection with the Town Board's proposed action to purchase and renovate the former Academy school building located at 3655 High Street in the Town of Walworth, being tax account nos. 63114-15-643351 and 63114-15-654378 (which was later converted to a 28-unit apartment building and is now unoccupied and in a dilapidated condition) (hereinafter referred to as the "Academy Building"), the review included the review of the Full Environmental Assessment Form dated December 16, 2004, which was circulated to members of the Town Board on December 16, 2004, the Academy Street Building Re-use Study, dated December 2, 2004, and the amended report dated January 20, 2005, prepared by Clark Patterson Associates, and various records and reports filed in the past with the Town, Councilman Yale moved that the Town Board declare the action to be an unlisted action.
Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
2. NEGATIVE DECLARATION:
Motion by Councilman Yale that the proposed action is one that will not have a significant impact on the environment and that a negative declaration be declared because after reviewing the Full Environmental Assessment Form, dated December 16, 2004, and the evaluation of all possible impacts set forth therein, reviewing the Academy Street Building Re-use Study, dated December 2, 2004, and the amended report of January 20, 2005 preparedby Clark Patterson Associates, various records and reports filed in the past with the Town, and all the criteria as set forth in 6 NYCRR Part 617.7(c) to determine whether the acquisition, renovation and use as proposed of the Academy Building will result in a significant impact on the environment. Having reviewed all the facts concerning the proposed acquisition, renovation and use of the Academy Building and a hard look being made by the Town Board at all possible environmental impacts that the proposed acquisition, renovation and use of the Academy Building may have on the environment, the Board finds: (1) there will not be a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise. In regard to possible increased traffic, recent past traffic studies which have been conducted of the area indicate an adequate system and it is expected that traffic will be less than when the premises was previously used as a school or an apartment complex, except on rare occasions when an activity may result in exceeding past experience for a short period of time (for a few hours at the most), which will only have a very small impact on the environment. Also in regard to noise levels, the acquisition, renovation and use of the Academy Building will result in less noise than experienced when the building was used as a school. (2) there will not be a substantial increase in solid waste production in comparison to the prior uses of the Academy Building. (3) there is no evidence of substantial increase in potential erosion, flooding, leaking or drainage problems based upon all information available to the Town and reviewed by Town employees including records on file with the Town. (4) there is a small to moderate impact on municipal facilities and services, such as police and fire protection; however, existing capacities are sufficient to handle projected demand. (5) there is no significant conflict with the Walworth community's current plans or goals as officially approved, adopted or as proposed. As a matter of fact, the proposed action will help satisfy current demand for recreational and educational services. In regard to recreational services, the Parks and Recreation Master Plans Report, dated 2000 and 2001, due to an increase in young families, indicates an increased need for programs in the 6-20 year age bracket. (6) there is no evidence of any impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to Subdivision 617.14(g) of the SEQR Regulations since there is no Critical Environmental Area within the project which is the subject of the proposed action. (7) the proposed action will have no impairment of the character or quality of important historical, archaeological, architectural, aesthetics resources or existing community or neighborhood character. That all reports and information in the Town's possession indicate no such impacts and there will be no impairment of the community or neighborhood character and utilizing the existing building represents an excellent opportunity to maintain the historically significant Academy Building. (8) the proposed action will not cause a significant change in the use or intensity of use of land including agricultural, open spaces or recreational sources or in its capacity to support existing uses and as a matter of fact, because of the location of the property, the action will not have impact at all on agriculture, will preserve the present open spaces as shown by the plan and some of the open space will be used for recreational uses such as basketball and tennis and one of the main uses within the Academy Building will be for recreational purposes. (9) there will not be a substantial encouragement to attract a large number of people to the place for more than a few days compared to the number of people who would come to the place absent of the action in that the prior uses of the Academy Building were of a school and apartment complex. (10) that upon the action being adopted, there will be no impairment of historical, archeological, wildlife or natural resources based upon all information within the knowledge of the Town that has been gathered in the past. (11) the proposed action has no impact whatsoever on the community's energy supply and as a matter of fact, it is projected that the requirement will be of less energy to be consumed than the previous apartment complex within the Academy Building; (12) the proposed action will not have any impact on public health and as a matter of fact, will have a positive influence on public health by reason of proposed recreational activities plus as a result of the use of various meeting rooms, there is a potential for more educational knowledge concerning health issues to be disseminated to the public. (13) there are no changes in two or more elements of the environment, which together would have a significant impact on the environment, even if alone they would not. (14) all such possible known impacts on the environment have been explored in depth and if as a result of future uses of the Academy Building, other than the planned uses or uses known at this time by the Town Board, the Town Board will again study any impacts and take steps to mitigate them. Seconded by Councilman Maciuska. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
3. BOND RESOLUTION:
Councilman Yale offered a resolution to approve the Bond Resolution as prepared by the Attorney for the Town and submitted to the Town Board. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Resolution adopted. Copy is attached.
4. SPECIAL TOWN REFERENDUM:
Councilman Maciuska offered a resolution pursuant to Sections 82 and 92 of the Town law pertaining to the special Town referendum for the approval of the Bond Resolution and other matter in connection thereto, as prepared by the Attorney for the Town and submitted to the Town Board. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Resolution adopted. Copy is attached.
LEGAL PAPER DESIGNATION:
Motion by Councilman Yale designating the Wayne County Mail as the legal paper for 2005, with the requirement that the Wayne County Mail is obligated to notify the Town Board, within two (2) weeks, if there are to be any changes in the delivery locations within the Town. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli AyeCouncilman Keyes AyeCouncilman Maciuska NayCouncilwoman Marini AyeCouncilman Yale AyeMotion carried. Councilman Maciuska stated that he was disappointed that the paper had been unavailable for purchase in town since August, 2004.
FIREFIGHTERS SERVICE AWARD PROGRAM:
Motion by Councilwoman Marini authorizing Penflex to redraft the Plan Document and to prepare a Trust Document for a cost not to exceed $350.00. Seconded by Councilman Yale. Roll call vote: Supervisor Guelli AyeCouncilman Keyes AyeCouncilman Maciuska AyeCouncilwoman Marini AyeCouncilman Yale AyeMotion carried.
CAREY HALL LIQUOR LICENSE APPLICATION:
Motion by Councilman Yale authorizing the Supervisor to sign a statement that the Carey Hall liquor license application has been received, is approved and that the 30 day notification requirement is waived. Seconded by Councilman Maciuska. Roll call vote: Supervisor Guelli AyeCouncilman Keyes AyeCouncilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
TROY & BANKS CONSULTANTS AGREEMENT:
Motion by Councilman Maciuska authorizing Troy & Banks to audit the Town’s utility bills, at no cost to the Town. Seconded by Councilman Yale. Roll call vote: Supervisor Guelli AyeCouncilman Keyes AyeCouncilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
LOCAL LAW # 2 HEARING AUTHORIZED:
Councilman Yale offered the following resolution and moved its adoption, seconded by Councilman Maciuska to wit: BE IT RESOLVED that Local Law No. 2 of the year 2005, entitled “A LOCAL LAW AMENDING THE TOWN OF WALWORTH MUNICIPAL CODE RELATING TO THE ADDITION OF DEFINITIONS OF GROUND COVER, BUILDING INSPECTOR, CODE ENFORCEMENT OFFICE AND NEW YORK STATE BUILDING CODE, ALL IN CHAPTER180; AMENDING REQUIRED FRONT YARD DEPTHS IN RR-1, RR-2, HAMLET, R, AND GENERAL BUSINESS ZONING DISTRICTS; REQUIRED SIDE YARD WIDTH IN HAMLET DISTRICTS; REQUIRING SETBACK ON PROPOSED PLANS IN PD DISTRICTS; SETBACKS OF ACCESSORY BUILDING; PARKING OF MAJOR RECREATIONAL EQUIPMENT; FILL PERMIT; NON-CONFORMING LOTS; BUILDING STRUCTURES AND USES; BUILDING PERMITS; SITE PLANS IN ONE-LOT RESIDENTIAL DEVELOPMENTS; WAIVER OF SITE PLAN APPROVAL REQUIREMENTS; AUTHORIZATION TO ALLOW BUILDING INSPECTOR AND CODE ENFORCEMENT OFFICER TO CARRY OUT SAME DUTIES; STOP WORK ORDERS; SUPERVISOR’S RIGHT TO AUTHORIZE UNSAFE BUILDING REPAIRS OR DEMOLITION IN EMERGENCY AND RESEARCH FEES FOR LOCATING PUBLIC RECORDS AS SET FORTH IN CHAPTERS 180,151,85,67 AND 133 OF THE TOWN OF WALWORTH MUNICIPAL CODE” be and is hereby introduced before the Town Board of the Town of Walworth in the County of Wayne and State of New York, and BE IT FURTHER RESOLVED that copies of the aforesaid proposed local law be laid upon the desk of each member of the Town Board, and BE IT FURTHER RESOLVED that the Town Board hold a public hearing on said Proposed local law at the Town Hall, 3600 Lorraine Drive, in the Town of Walworth, New York at 8:00 o’clock P.M. on February 3, 2005, and BE IT FURTHER RESOLVED that the Town Clerk publish or cause to be published a public notice in the official newspaper of the Town of said public hearing at least five (5) days prior thereto. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
RAY WELKER HONORED:
A Proclamation was read honoring Ray Welker for the 50 years he has served as a volunteer fireman in the West Walworth Fire Department. His titles were numerous, including that of Chief and President of the Board of Directors. Ray is currently serving on the Wayne County Fire Advisory Board.
COMPUTER MONITORS DECLARED SURPLUS:
Motion by Councilman Yale to declare the following computer monitors surplus: 1 Vision C70 from Town Clerk’s Office 2 Digiviews from Town Clerk’s Office 1 Energy Star with speakers from Receiver of Taxes’ Office. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
FINANCIAL TRANSACTIONS:
Councilwoman Marini offered the following resolution and moved its adoption, seconded by Councilman Yale to wit: BE IT RESOLVED that the Account Clerk be authorized to transfer the following: $4,200.16 from SS8110.12 to SS8110.43. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
TOWN CLERK SEMINAR ATTENDANCE AUTHORIZATION:
Motion by Councilwoman Marini authorizing the Town Clerk and Deputy to attend the NYSTCAState Conference April 17-20, 2005 and authorizing prepayment as budgeted. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
MEETING WITH THE ATTORNEY FOR THE TOWN:
Motion by Councilman Yale to adjourn to a meeting with the Attorney for the Town to discuss legal matters. Seconded by Councilman Maciuska and unanimously carried. Time: 8:35 P.M.
RECONVENED:
Supervisor Guelli reconvened the meeting at 9:20 P.M.
MATZAN SETTLEMENT: 4855 ARBOR ROAD:
Motion by Councilman Yale that in settlement of any claim which Gregory Matzan (hereinafter referred to as “Matzan”), the owner of a lot located at 4855 Arbor Road, may have against the Town which he has threatened to make as the result of the Town’s issuing a stop work order after a building permit had been issued and requiring removal of a partially built structure from where it was originally located to a setback in conformance with the site plan approval and also in an effort to avoid possible litigation with the contiguous neighbor, who has strenuously objected to the original setback of the house being built by Matzan, located in the subdivision wherein Matzan’s lot is located, the Town pay from its contingency fund the sum of $11,000.00 to Matzan in full settlement of any claim he may have, provided he provide the Town of Walworth with a General Release, wherein he releases all claims known or unknown, developed or undeveloped that he may have against the Town by reason of issues surrounding the granting of a building permit, which was not issued in conformance with the property’s site plan and further provided he locate the house he is building with a setback as set forth on the site plan. Seconded by Councilman Maciuska. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
EMPLOYEE HANDBOOK AMENDED:
Councilman Maciuska offered a resolution to amend the Employee Handbook by repealing Section 309, modifying Section 050 adopting a new Section 309. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Resolution adopted. Copy is attached.
LIBRARY BOARD:
1. APPOINTMENT:
Motion by Councilman Yale to approve the appointment of Amy Monachino as a LibraryBoard member, to fill the unexpired term of Paul Freeman. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Aye Councilwoman Marini Aye Councilman Yale Aye Motion carried.
2. BOARD MEMBER INCREASE INVESTIGATED:
Richard Morris will research the ability of the Library Board to increase its members from five (5) to seven (7).
ADJOURNMENT:
Motion by Councilwoman Marini to adjourn. Seconded by Councilman Keyes and unanimously carried. Time: 9:23 P.M.
Respectfully submitted,
Marcia Englert, RMC Town Clerk |