|
6 JANUARY 2005
The Town Board organizational meeting, held at the Walworth Town Offices, was called to order at 7:30 P.M. by Supervisor Frank Guelli. Board members present: Daniel Keyes, Patti Marini and Tom Yale. Absent: Frank Maciuska. Other town employees present: Michael Frederes, Highway Superintendent Debora Germain, Recreation Director Richard Morris, Attorney for the Town Paul Russell, Town Engineer George Schaller, Sewer Superintendent PhilipWilliamson, Code Enforcement Officer Marcia Englert, Town Clerk
MOMENT OF SILENCE: TSUNAMIS’ VICTIMS & ELWOOD BAKER:
There was a moment of silence held in honor of the victims of the tsunamis in South Asia and East Africa and for Elwood Baker, a Charter member of the Lincoln Fire Department who recently passed on.
COMMUNICATIONS:
1. ASSOC. OF TOWNS MEETING:
An informational letter was received from the Assoc. of Towns stating that the annual meeting, which is a training session for town officials, will be held February 20-23, 2005.
MINUTES:
Motion by Councilman Keyes to approve the minutes of December 16, 2004 and January 3, 2005 as presented. Seconded by Councilman Yale and unanimously carried.
CLAIMS:
1. GENERAL:
Motion by Councilman Keyes to approve payment of General Claims totaling $10,833.99. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
2. HIGHWAY:
Motion by Councilman Keyes to approve payment of Highway Claims totaling $28,668.09. Seconded by Councilman Yale. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
3. LIGHTING:
Motion by Councilman Yale to approve payment of the Gananda Light District Claim totaling $1,180.66. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
4. SEWER DISTRICT:
Motion by Councilman Yale to approve payment of Sewer District Claims totaling $12,319.98. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
5. TRUST & AGENCY:
Motion by Councilman Yale to approve payment of Trust & Agency Claims totaling $4,760.34. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
PUBLIC PARTICIPATION:
1. WAYNE COUNTY MAIL QUALIFICATIONS QUESTIONED:
Mike Jacobs, 3366 Heatherbrook Drive, stated that as he has been unable to buy the Wayne County Mail in town for several months, he questioned whether that paper qualifies to be the legal paper, as it does not meet the general distribution criteria. Supervisor Guelli stated that the paper does qualify. The editor will be contacted as to why it isn’t sold locally and a report will be given at the January 20, 2005 meeting.
ASSOC. OF TOWNS ATTENDANCE: Motion by Councilman Yale authorizing Town Officials to attend the NYS Assoc. of Townsmeeting February 20-23, 2005 and authorizing prepayment as budgeted. Seconded byCouncilman Keyes.Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
CANANDAIGUA ROAD BRIDGE CONTRACT:
Mike Frederes questioned who would be applying for the permits. Paul Russell will review the information. Action will be taken at the January 20, 2005 meeting.
DRAINAGE: WAYNE COUNTY SOIL & WATER PROJECT:
Supervisor Guelli will advise Wayne County Soil & Water that the Town Engineer will be reviewing the data and submitting a recommendation at the January 20, 2005 meeting.
ANNUAL REPORT: TOWN CLERK:
Motion by Councilwoman Marini to accept and file the 2004 Town Clerk Report. Seconded by Councilman Keyes and unanimously carried.
ELEVATOR MAINTENANCE CONTRACT: SCHINDLER:
Councilman Yale offered the following resolution and moved its adoption, seconded by Councilwoman Marini to wit: BE IT RESOLVED that the Supervisor be authorized to sign the contract with Schindler Elevator for elevator maintenance for the year 2005, for an annual cost of $622.56. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
HENNESSEY ROAD MOBILE HOME PARK PERMIT GRANTED:
Motion by Councilwoman Marini granting a permit for the operation and maintenance of the mobilehome park at 1612 Hennessey Road for the year 2005. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
PARKS & RECREATION:
1. MOWER REPAIR:
Motion by Councilman Keyes authorizing the expenditure of $1,565.46, from line A7110.45, to SB Moffit for servicing the Jacobsen mower. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
2. TOWN TOPICS FLYER:
Motion by Councilman Yale authorizing the following expenditures for the printing and mailing of the Town Topics: $ 441.00 from A1670.41 to Quality Printers 1,192.35 from A7310.45 to Quality Printers 718.72 from A7310.45 to Walworth Post Office Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
3. PARK TRUCK PURCHASE:
Motion by Councilman Yale authorizing the purchase of 2005 Chevrolet Silverado 2500HD for the State bid price of $18,555.81, to be expended from line A7110.21R. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
COMPREHENSIVE PLAN AMENDMENT:
1. HEARING:
Motion by Councilman Yale to waive the reading of the legal notice. Seconded by Councilwoman Marini and unanimously carried. Notification was received from the Wayne County Planning Board and the Walworth Planning Board that there were no objections to the amendment. As there were no public comments, Councilman Yale made a motion to close the hearing. Seconded by Councilwoman Marini and unanimously carried. Time: 7:46 P.M.
2. TYPE 1 ACTION:
In regard to the SEQR review in connection with the Town Board's proposed changes to the Comprehensive Plan of the Town of Walworth (as amended); the amendment to the Town of Walworth Zoning Law implementing same by the rezoning of the several parcels and the amendment of the Town of Walworth Zoning Map, all as set forth in the proposed Resolution of the Town of Walworth approving the amendment to the Comprehensive Plan as previously amended; Local Law No.1 of the year 2005, which includes the rezoning of several parcels of land and the proposed amendment of the Zoning Map of the Town of Walworth and the Full Environmental Assessment Form prepared by the Town, Councilman Yale moved that the action be declared a Type 1 action. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
3. 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 and all the documents and comments within the Town of Walworth’s possession and the data submitted in connection with the proposed action, including the proposed Resolution of the Town Board amending the Comprehensive Plan and the proposed Local Law No. 1 of the year 2005, rezoning several parcels of land and proposed amendment to the Zoning Map, various information received by the Town of Walworth over the last several years pertaining to applications made to its various boards and input from the Comprehensive Plan Committee and other boards of the Town of Walworth and the Wayne County Planning Board, it was more specifically determined that the granting of the proposed action would not result in significant impact on the environment and after considering, more particularly, the following factors: A. Impact on Air, Water and Traffic: 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 the increased traffic or noise which may be caused by the proposed expansion of the PD Districts: Planned Development within the existing PD Districts: Planned Development and the rezoning of parcels therein, based upon all information known concerning traffic on Walworth-Penfield Road (NYS Route 441), including traffic studies received by the Town from time to time, there will not be a significant increase in traffic stress existing capacities or any increased environmental concerns. In regard to noise, there is no evidence of any substantial increase in noise that would impact the environment. The present local laws and regulations will mitigate any increased noise impact and will also mitigate any possible increase in noise or traffic as a result of amending and modifying the lot size and living area within the RR-1 Districts: Single Family Residential; B. Impact on Solid Waste: There will not be a substantial increase in solid waste production; C. Impact on Drainage: 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. The Town Code and standards provide adequate protection against future drainage. D. Impact on Municipal Facilities: 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. Existing public water and sanitary sewer facilities have capacity to meet the needs anticipated as a result of the amendment to the existing Comprehensive Plan (as amended) and the amendment of the Town of Walworth Zoning Law. E. Conflict with Community Current Plans or Goals: There is no significant conflict with the Walworth community's current plans or goals as officially approved, adopted or as proposed. F. Impact on Agricultural Lands: The Town's laws and regulations protect and preserve agricultural land wherever possible and the proposed changes will not have any greater impact on agriculture in the Town than as there presently exists. This action will allow residential and commercial development in areas where it is currently allowed but is currently zoned agricultural. This site is proposed to be zoned to allow agricultural operations in the future and we anticipate no substantial impacts on agricultural areas in the proposed area of change; G. Change in Density: The proposed action will affect changes in density in current zoning, which will be somewhat increased but only moderately and there are sufficient controls within the laws of the Town to prevent any changes in density from having a significant impact on the environment; H. Change in Substantial Use or Intensity of Use: 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 its existing uses and the changes are not so substantial that they would have a substantial impact on the environment. I. Change in Population: 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 and the Town has substantial controls in any possible such instances to protect the environment. J. Impact on Historical Sites: That upon the action being adopted, there will be no impairment of historical, archaeological, wildlife or natural resources based upon all information within the knowledge of the Town that has been gathered in the past. K. Impact on Energy: The proposed action has no impact whatsoever on the community's energy supply. L. Impact on Public Health: The proposed action will not have any impact on public health and in any instance, wherein as a result of the adoption of the proposed action and the changes in land use a situation arises where public health could be affected, the Town has adequate laws, rules and regulations to protect the public. M. Impact of Two or more Elements: 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. N. All such possible impacts on the environment have been explored in depth and wherever necessary, as in the case of sewer and drainage impacts, have been mitigated to the extent that there will be no significant impact on the environment as a result of the proposed modification of the Comprehensive Plan and Zoning Law and whatever future impacts that are presently unknown which may possibly come to light, the Boards to which applications are made for development can control and mitigate the impacts and there are sufficient laws within the Town’s Municipal Code to further help mitigate any possible future impacts that may come to light. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
4. AMENDED:
Motion by Councilman Yale that in regard to the adoption of the Comprehensive Plan as proposed by the Town Board of the Town of Walworth, that the Town Board adopt the Resolution approving the amendment to the Comprehensive Plan as prepared by the Attorney for the Town, which had been given to each Board member. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried. Copy is attached.
TOWN HALL MEETING ROOM CHAIR REPLACEMENT:
Motion by Councilman Yale authorizing the expenditure of $700.00 to purchase 7 new chairs for the Board members’ use in the meeting room. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
APPOINTMENTS:
Motion by Councilman Yale to approve the following appointments: Assessment Review Board: Susan Brown term expires 9/30/2009 Zoning Board: Karel Ambroz term expires 12/31/2009 Zoning Board Clerk: Deborah Spry term expires 12/31/2005 Zoning Board Counsel: Richard Morris term expires 12/31/2005 Planning Board: Eugene Bavis term expires 12/31/2009 Planning Board Clerk: Karen Ambroz term expires 12/31/2005 Planning Board Counsel: Richard Morris term expires 12/31/2005 Library Trustee: Dorothy French term expires 12/31/2009 Recreation Committee: Lorraine Reick term expires 12/31/2009 Jeff Emerling term expires 12/31/2008 Mike Dermady term expires 12/31/2006 Parks Committee: Bill Boyd term expires 12/31/2007 Town Historian: Eugene Bavis term expires 12/31/2005 Dog Control Officers: Charles Phalen term expires 12/31/2005 Tim Vendel term expires 12/31/2005 Rabies Responders: Charles Phalen term expires 12/31/2005 Tim Vendel term expires 12/31/2005 Robert Farmen term expires 12/31/2005 Attorney for the Town: Richard Morris term expires 12/31/2005 Sewer Superintendent: George Schaller term expires 12/31/2005 Budget Officer: Frank Guelli term expires 12/31/2005 Assoc. of Towns Delegate: Phil Williamson term expires 12/31/2005 Parks & Rec. Director: Debora Germain term expires 12/31/2005 Sewer Collection Clerk: Marcia Englert term expires 12/31/2005 Fire Marshall: Norman Druschel term expires 12/31/2005 Ass’t Fire Marshall: James Drew term expires 12/31/2005 Steve Gallaher term expires 12/31/2005 Code Enforcement Officer: Philip Williamson term expires 12/31/2005 Justice Court Clerk: Diane Hermanet term expires 12/31/2005 Kennel Custodian: Orchard Kennels term expires 12/31/2005 Building Inspector: Norman Druschel term expires 12/31/2005 Deputy Highway Supt: Kevin Switzer term expires 12/31/2005 Motion seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
JUSTICE COURT:
Motion by Councilman Keyes authorizing Justice Court to be held at the Walworth Town Offices as follows: Every Tuesday: regular court at 7:30 P.M. 1st Tuesday: A.D.A. court at 1:00 P.M. 4th Tuesday: A.D.A. court at 1:00 P.M. Seconded by Councilwoman Marini and unanimously carried.
TOWN BOARD MEETINGS:
Motion by Councilman Keyes authorizing Town Board meetings to be held at 7:30 P.M. on the 1st and 3rd Thursday of each month, at the Walworth Town Hall. Seconded by Councilwoman Marini. Roll call vote: Supervisor Guelli AyeCouncilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
SUPERVISOR EXPENDITURE RESOLUTION:
Councilman Keyes offered the following resolution and moved its adoption, seconded by Councilwoman Marini to wit: BE IT RESOLVED that the Supervisor be authorized to expend up to $1,000.00 without Town Board approval. Roll call vote: Supervisor Guelli AyeCouncilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
RECREATION DIRECTOR EXPENDITURE RESOLUTION:
Councilman Keyes offered the following resolution and moved its adoption, seconded by Councilwoman Marini to wit: BE IT RESOLVED that the Recreation Director be authorized to expend up to $1,000.00 without Town Board approval. Roll call vote: Supervisor Guelli AyeCouncilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
HIGHWAY SUPT. EXPENDITURE RESOLUTION:
Councilman Keyes offered the following resolution and moved its adoption, seconded by Councilwoman Marini to wit: BE IT RESOLVED that the Highway Supt. be authorized to expend up to $2,500.00 without Town Board approval. Roll call vote: Supervisor Guelli AyeCouncilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
SEWER SUPT. EXPENDITURE RESOLUTION:
Councilman Keyes offered the following resolution and moved its adoption, seconded by Councilwoman Marini to wit: BE IT RESOLVED that the Sewer Supt. be authorized to expend up to $2,500.00 without Town Board approval. Roll call vote: Supervisor Guelli AyeCouncilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
OFFICIAL DEPOSITORIES:
Councilman Keyes offered the following resolution and moved its adoption, seconded by Councilwoman Marini to wit: BE IT RESOLVED that the following banks be declared official depositories for Town Officials: Supervisor: Fleet Bank, HSBC, Chase Lincoln First, M & T Bank Judge Young: Charter One Judge Wolfe: Charter One Town Clerk: M & T Bank Receiver of Taxes: M & T Bank Roll call vote: Supervisor Guelli AyeCouncilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
MILEAGE ALLOWANCE:
Councilman Keyes offered the following resolution and moved its adoption, seconded by Councilwoman Marini to wit: BE IT RESOLVED that Town Employees be reimbursed 40.5 cents per mile, or current I.R.S. rate, when his or her personal vehicle is used for town business. Roll call vote: Supervisor Guelli AyeCouncilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
DEPUTY SUPERVISOR:
Supervisor Guelli appointed Councilman Keyes as Deputy Supervisor, for a term expiring 12/31/05.
COMMITTEE APPOINTMENTS:
Supervisor Guelli appointed the Town Board members to the following committees: Councilwoman Marini: Town Clerk, Zoning, Sewer, Drainage, Animals, Cemeteries, Conservation Councilman Keyes: Insurance, Highway (Ch), Drainage (Ch), Cable TV, Water Councilman Maciuska: Sewer (Ch), Recreation, Public Safety, Lighting, Employee Training Councilman Yale: Assessment & Building, Planning, Library, Highway, Drainage, Development Review (Ch) Supervisor Guelli: Consolidated Water, Conservation Resolution adopted.
CHECK SIGNING RESOLUTION:
Councilman Keyes offered the following resolution and moved its adoption, seconded by Councilwoman Marini to wit: BE IT RESOLVED that Supervisor Guelli and Deputy Supervisor Keyes be authorized to sign checks for monies deposited at the above listed banks. Roll call vote: Supervisor Guelli AyeCouncilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
TOWN JUSTICE HEALTH INSURANCE:
Councilwoman Marini offered the following resolution and moved its adoption, seconded by Councilman Keyes to wit: BE IT RESOLVED that $5,026.00 be budgeted to pay Judge Wolfe’s health care and $0 be budgeted to pay Judge Young’s health care. It is the intent of this Town Board to pay the Town Justices unequal salaries by reason of the Board approving unequal payment of hospital and medical insurance for its’ Town Justices. This resolution is to satisfy the requirement set forth in Section 27 of the Town Law authorizing the Town Board, by majority vote, to pay its’ Town Justices’ salaries in different amounts. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted.
LOCAL LAW #1:
1. HEARING:
Motion by Councilwoman Marini to waive the reading of the legal notice. Seconded by Councilman Keyes and unanimously carried. As there were no comments, Councilwoman Marini moved that the hearing be closed. Seconded by Councilman Yale and unanimously carried. Time: 8:01 P.M.
2. ADOPTION:
Councilman Yale offered the following resolution and moved its adoption, seconded by Councilwoman Marini to wit: BE IT RESOLVED that Local Law No. 1 of the year 2005, Entitled “A Local Law Amending Chapter 180 Entitled, ‘Zoning’ of Town of Walworth Municipal Code” pertaining to the amendment of the Zoning Law and Zoning Map, be adopted. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Resolution adopted. Copy is attached.
FINGER LAKES BUILDING OFFICIALS ASSOC. MEMBERSHIP:
Motion by Councilwoman Marini authorizing the Building Inspector and the Code Enforcement Officer to renew their FLBOA membership for a total cost of $180. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
BUILDING INSPECTOR/CODE ENFORCEMENT OFFICER TRAINING:
Motion by Councilwoman Marini authorizing the Building Inspector and the Code Enforcement Officer to attend the annual training session to be held in March, for a cost of $780.00. Seconded by Councilman Keyes. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
HIGHWAY DEPT. TRUCK PURCHASE:
Motion by Councilwoman Marini authorizing the purchase of a 2005 Chevrolet 2500 H.D. pickup from Hoselton Chevrolet for the state bid price of $21,021.84, to be expended from line DA5130.23. Seconded by Councilman Yale. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
HIGHWAY DEPT. SNOWPLOW PURCHASE:
1. QUOTES:
John M. Bodak $ 2,990.00 Hoselton Chevrolet 3,449.00 JME Automotive 3,850.00
2. PURCHASE:
Motion by Councilwoman Marini authorizing the purchase of a Western Snowplow from John M. Bodak for the bid price of $2,990.00, to be expended from line DA5130.23. Seconded by Councilman Yale. Roll call vote: Supervisor Guelli Aye Councilman Keyes Aye Councilman Maciuska Absent Councilwoman Marini Aye Councilman Yale Aye Motion carried.
EXECUTIVE SESSION:
Motion by Councilman Yale to adjourn to executive session to discuss litigation and a personnel matter. Seconded by Councilwoman Marini and unanimously carried. Time: 8:05 P.M.
RECONVENED:
Supervisor Guelli reconvened the meeting at 8:50 P.M.
LEGAL PAPER:
A decision to appoint the legal paper will be made at the January 20, 2005 meeting.
ADJOURNMENT:
Motion by Councilman Keyes to adjourn. Seconded by Councilwoman Marini and unanimously carried. Time: 8:51 P.M.
Respectfully submitted,
Marcia Englert, RMC Town Clerk |