A regular meeting of the Town Board of the Town of Conesus, County of Livingston and the State of New York was held at the Town Hall, 6210 South Livonia Rd., Conesus, New York on the 6th day of May 2008.
PRESENT: Brenda Donohue ---------- Supervisor
Terry Holbrook ---------- Councilman
Bert Lute ---------- Councilman
Scott MacFarlane ---------- Councilman
Donald Wester ---------- Councilman
Annette McNinch ---------- Clerk
Stephen Martucio ---------- Highway Superintendent
OTHERS PRESENT: Cathy Dickerson, ZBA Chairwoman; Charlie Braun, CLA Representative; Betty Marble, Planning Board Chairwoman; Bill Cayea, Recycling Director; Alice Gascon, B.A.R. Member; and members of the community.
Councilman Lute led the Pledge to the Flag.
Supervisor Donohue called the meeting to order at 7:00 PM.
ANNOUNCEMENTS AND COMMUNICATIONS
-
Kolleen Redman has resigned from the position of Code Enforcement Clerk as of May 1, 2008.
-
Conesus Recreation is accepting applications for Recreation Staff to work at Summer Recreation from July 7 to August 15,2008 from 8:30 am to 11:30 am Monday through Friday
-
Thanks to Councilman MacFarlane and Councilman Lute for careful review of the architect's plans for the Town Hall as well as supervision of a Sheriff crew in tearing out the basement interior walls in preparation for construction. The storage shed was also emptied (saving $55/ month). This was a lot of work...much appreciated by the rest of the Town Board.
PRIVILEGE OF THE FLOOR
1. Because of recent requests for Zoning Board of Appeals approvals of Automotive Repair Facilities in the Agricultural Rural Residential Zoning District and at the recommendation of Livingston County Planning Board, Cathy Dickerson, ZBA Chairwoman addressed the Town Board proposing the addition of Automotive Repair Facility to the permitted uses in the ARR Zoning District. She explained that this use is not currently permitted in ARR and felt that it would be appropriate for the Board to explore this subject. She presented the following sample for the Board to consider. She stated that it would be the Town Board's position to make any additional stipulations, or changes as they saw necessary.
Automotive Repair Facility
(possible stipulations)
Staying withing compliance of local junk ordinance.
The Board adopted a resolution at this meeting in favor of exploring this change to zoning.
2. Betty Marble, Planning Board Chairwoman addressed the Board on the subject of changes to the Minor Subdivision law regarding the number of minor subdivisions allowed from one original lot. Because the current law has no limit or provisions, the Major Subdivision Law is being circumvented, allowing individuals or firms to create major subdivisions without meeting the appropriate stipulations of a major subdivision. She presented the following example from the Town of Bristol Subdivision Law to the Board for consideration as an addition to Conesus law. She
stated that it would be the Town Board's position to make any additional stipulations, or changes as they saw necessary.
"A Minor Subdivision may not circumvent the procedure and requirements of a Major Subdivision or other requirements of these regulations and may be used once in a three (3) year period with regard to a parcel of land in the ownership of a single person or entity or a group of persons or entities on the effective date of these regulations.
No more than three (3) lots, including the parent parcel may be divided using the Minor Subdivision procedure by original owner or succession in interest of any parcel.
A parcel of land shall constitute a Major Subdivision upon sale, rental or offer for sale or lease of the fourth (4) lot and at this time the provisions of the Town's Major Subdivision will apply."
The Board adopted a resolution at this meeting in favor of exploring this change to the Subdivision Law.
REPORT OF TOWN OFFICIALS
TOWN SUPERVISOR
Supervisor Donohue
Supervisor's Report of Receipts & Disbursements
Quarterly Departmental Budget Report-Supervisor Donohue gave a brief overview of the departmental budgets to date.
-
$429.00 of the $500.00 Historian Budget was spent on a camera, printer and related supplies.
-
Justice Court contractual had an $800.00 expenditure for software support and maintenance agreement.
-
Recycling appears behind due to rollover expenses from 2007. This will be reflected on the 2008 Annual report
TOWN CLERK
Clerk McNinch
-
Clerk's Monthly Financial Report for April 2008
-
Clerk McNinch reported that the office copier lease is due to expire on May 25, 2008. The current version of the existing model can be leased for the same term at the same monthly payment of $154.00. The existing copier may be kept for $1.00 and the Town can purchase a service contract for $660.00 per year. Clerk McNinch and Supervisor Donohue stated that the current copier has been experiencing problems more frequently. As the copier ages more service is required causing productivity issues.
DEPARTMENTAL REPORTS
-
C.L.E.A.N. Recycling Center
-
Bill Cayea addressed the Board regarding operating a Farmer's Market outside the facility entrance on Saturday mornings during the regular hours of the Center.
-
He suggested a nominal fee of of $20 per vendor to cover advertising costs and any administrative costs.
-
Mr. Cayea suggested that one vendor spot be left open for non-profit organizations.
-
Mr. Cayea would like to start this service as soon as possible.
-
Livingston County Board of Health and NYS Ag and Markets have no restrictions to selling fruits and vegetables and no permits are required. If food
is prepared on site, regulations and permits would be required. If food prepared off site were to be sold and consumed off site a permit is required by NYS Ag and Markets.
-
The Board approved of this activity provided there were no legal or insurance issues. Supervisor Donohue stated that per Jack May of the Sullivan Agency there were no insurance issues regarding this activity.
-
Due to rising disposal costs price changes were suggested by Mr. Cayea and approved with a Board resolution. These changes are reflected in resolution #84.08
UPDATE ON KEY ISSUES
Conesus Lake: Charlie Braun
Hamlet Sewer Project: Supervisor Donohue
Town Hall Rehabilitation/ Office Space Solution:
UNFINISHED BUSINESS
Clean-Up Day
Councilman MacFarlane presented quotes from Waste Management and Shanks.
-
Shanks was the low quote at $950.00 for Dumpsters and $360.00 for packer truck.
-
Waste Management quoted $904.00 for Dumpsters and $636.00 for packer truck.
-
The Board approved awarding the contract to Shanks. Councilman MacFarlane was to contact Shanks.
Zoning Alignment
Clean Recycle Center Reconciliation
-
The Town of Livonia agreed to only reimburse the Town of Conesus $4,000.00 of the amount it owes for its share of the 2006 Recycling Center loss. The Board agreed to consult with Town Attorney Jones and send another letter to the Livonia Board requiring payment in full in 30 days. Attorney Jones had suggested that the Towns sever the contract and that Conesus assume all responsibility allowing the Livonia citizens to continue to use the Center.
Livingston County All-Hazard Mitigation Plan
NEW BUSINESS
Code Enforcement Department
-
Koleen Redman has resigned from the Code Enforcement Clerk Position.
-
The Board agreed to redefine the structure of this department and agreed that the clerk would not be replaced rather an additional Code Enforcement Officer would be sought. The Code Officers would be responsible for their own administrative paperwork.
-
The additional officer would be hired at a rate of $14.00 per hour for a maximum of 7 hours per week.
-
After the State Requirements for Code Enforcement Officers were secured, the position would be advertised.
Insurance coverage for Town of Conesus
-
Conesus Recreation - Due to the fact that recreation has been scaled back and that there is no longer an adult softball league this cost should be lower this year.
-
Town Hall/ Log Cabin - Insuring these buildings for functional replacement cost was discussed and will be addressed. Dates of updates to electricity, heating, roofing, etc would be researched.
-
Bidding out for 2009 - The Board will place the Town's insurance needs out for bids/quotes for 2009.
RESOLUTION #80.08
APPROVAL OF MINUTES
On a motion of Councilman Holbrook and seconded by Councilman MacFarlane the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that the minutes from the April 15, 2008 meeting are approved.
RESOLUTION #81.08
APPROVAL OF TOWN CLERK'S MONTHLY FINANCIAL REPORT
On a motion of Councilman Lute and seconded by Councilman Wester the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that the Town Clerk's Monthly Financial Report for April 2008 is approved.
Local Shares of Fees Collected
Clerk Fees $ 1 .50
Conservation $ 1.05
Vital Statistics Fees $ 40.00
Dog Licensing $ 63.25
Building Permit Renewals $ 229.20
Building Permits $ 531.80
Demolitions Permits $ 50.00
Total Local Shares $ 916.80
Paid to County Treasurer for Dog Licenses $11.75
Paid to NYS DEC for License Sales $17.95
Total Non-Local Revenues $29.70
Total State, County and Local Revenues $946.50
RESOLUTION #82.08
ADOPT THE LIVINGSTON COUNTY ALL HAZARD MITIGATION PLAN
On a motion of Councilman Holbrook and seconded by Councilman Lute the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
WHEREAS, the County of Livingston, with the assistance from the Genesee/Finger Lakes Regional Planning Council, has gathered information and prepared the Livingston County All-Hazard Mitigation Plan on behalf of all municipalities within its boundaries; and
WHEREAS, the Livingston County All-Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and
WHEREAS, the County of Livingston is a local unit of government that has afforded the citizens of Livingston County including the citizens of Conesus an opportunity to comment and provide input in the Plan and the actions in the Plan; and
WHEREAS, the Livingston County Board of Supervisors has adopted the Livingston County All Hazard Mitigation Plan; and
WHEREAS, the Livingston County Board of Supervisors has reviewed the Plan and affirms that the Plan will be updated no less than every five years;
NOW, THEREFORE, BE IT RESOLVED, that the Board of the Town of Conesus adopts the Livingston County All-Hazard Mitigation Plan as this jurisdiction's All-Hazard Mitigation Plan and resolves to execute the actions in the Plan; and
FURTHER RESOLVED that the Livingston County All-Hazard Mitigation Plan supersedes any and all plans previously adopted and approved by the Town of Conesus.
RESOLUTION #83.08
REVIEW OF AUTOMOTIVE REPAIR FACILITY AS A PERMITTED USE IN ARR ZONING DISTRICT
On a motion of Councilman Holbrook and seconded by Councilman Lute the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that the Town Board agrees to explore a change to the Zoning Laws that would include Automotive Repair Facilities in the ARR Zoning District.
RESOLUTION #84.08
REVIEW OF ADDITON TO MINOR SUBDIVISION LAW
On a motion of Councilman Wester and seconded by Councilman MacFarlane the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that the Town Board agrees to explore a change to the Subdivision Law pertaining to Minor Subdivisions that would include provisions to prohibit circumventing of the Major Subdivision requirements by limiting the number of subdivisions allowed in a three (3) year period.
RESOLUTION #85.08
APPROVAL OF PRICE CHANGES TO CLEAN RECYCLING CENTER USER FEES
On a motion of Councilman Wester and seconded by Councilman Lute the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that due to rising disposal costs, following price changes are approved effective immediately:
Appliance (No Freon) $10.00
Small Couch $12.00
Large Couch $16.00
Chair $ 8.00
Mattress $14.00
Bicycle $ 6.00
Grill $ 6.00
Lawnmower $ 6.00
Bulk Scrap $30.00/cubic yard
RESOLUTION #86.08
APPROVAL OF CLEAN UP DAY REFUSE REMOVAL CONTRACT
On a motion of Councilman Lute and seconded by Councilman Wester the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that the contract for removal/hauling of CLEAN UP Day refuse is awarded to Shanks Enterprises, Inc. for $160.00 per container plus $65.00 per ton for items sent to landfill and $360.00 for a packer truck
RESOLUTION #87.08
LIVONIA REIMBURSEMENT OF 2006 CLEAN RECYCLING CENTER LOSS
On a motion of Councilman MacFarlane and seconded by Councilman Lute the following resolution was
DEFEATED Ayes 0
Nays 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Resolved that the Board accepts the Town of Livonia's offer of $4,000 to settle its share of the 2006 CLEAN Recycling Center loss.
RESOLUTION #88.08
APPROVAL OF DRAFTING LETTER TO TOWN OF LIVONIA REQUIRING PAYMENT FOR 2006 CLEAN RECYCLING CENTER LOSS
On a motion of Councilman Lute and seconded by Councilman Wester the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that the Town Board approves the drafting of a letter to the Town of Livonia requiring payment in full within 30 days for the 2006 CLEAN Recycling Center loss. And further resolved that this letter be drafted with the assistance of Attorney Jones and that approval by all Board Members must be resolved before sending to Livonia.
RESOLUTION #89.08
AUTHORIZATION OF COUNCILMAN/DEPUTY SUPERVISOR WESTER TO ACT ON BEHALF OF THE TOWN OF CONESUS ON ALL BANKING MATTERS
On a motion of Supervisor Donohue and seconded by Councilman Lute the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that the Town Board approves Councilman/Deputy Supervisor Wester is authorized to act on behalf of the Town of Conesus on all banking matters including signing checks effective immediately.
RESOLUTION #90.08
AUDIT OF GENERAL FUND CLAIMS
On a motion of Councilman Wester and seconded by Councilman Lute the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that General Fund Vouchers #211- #248 as set forth in Abstract No. 10 of 2008 in the amount of $13,914.33 is approved.
RESOLUTION #91.08
AUDIT OF HIGHWAY FUND CLAIMS
On a motion of Councilman Wester and seconded by Councilman MacFarlane the following resolution was
ADOPTED Ayes 5 Donohue, Holbrook, Lute, MacFarlane,Wester
Nays 0
Resolved that Highway Fund Vouchers #95- #111 as set forth in Abstract No. 10 of 2008 in the amount of $17,885.24 is approved.
With no further business, on a motion of Supervisor Donohue, and seconded by Councilman Lute , the meeting was adjourned at 9:45PM. Carried unanimously.
Respectfully Submitted,
_______________________________________________
Annette McNinch
Town Clerk
