December 8th Regular Board Meeting

December 8, 2015 At 7:00 pm, Supervisor Gayle Ashbery called to order the regular monthly meeting of the Town Board of the Tow n o f Carlton. Present were the followin g Boar d members: Councilman Robin Lake, Councilman James Shoemaker, Councilma n Marcus Covill e and Councilman Dana Woolston. Also present were Dave Krull , Highwa y Supt., Kathy Bogan, Town Attorney , Lynda Woolston, Code and Zonin g Office r Followin g rol l cal l and the Pledge o f Allegiance, the minutes o f November 10, 2015 were approved, motio n by Mr. Woolsto n second by Mr. Shoemaker an d carried. Eileen DeWin d o f 13241 Par k Rd read a letter to the Board stating that her and her husband Vincen t received a notice from Lynd a Woolston regarding brush, weed and trash. The DeWinds believe that it is selective enforcement and woul d lik e to know what to do about it . Kathy wil l meet wit h them to go over their complaints. The Supervisors's repor t for September was approved, motio n by Mr. Woolston seconded by Mr. Lak e and carried. The Supervisor's report for November was approved, motio n by Mr. Covill e seconded by Mr. Shoemaker and carried. The Tow n Clerk' s report was approved, motion by Mr. Shoemaker second by Mr. Lak e and carried. The Code/ Zonin g Officer' s report was approved, motio n by Mr. Lak e second by Mr . Shoemaker and carried. Mr. Woolsto n abstained. Judge Russell's report was approved, motio n by Mr. Shoemaker second by Mr. Woolsto n and carried. Judge Hurley' s report was approved, motio n by Mr. Shoemaker second by Mr. Covill e and carried. Dave Krul l gave an update on Highway and Water Departments activities. The Fire Company responded t o 24 calls wit h a total o f 269 man hours. Andrew Niederhofer stated that the Fire Company has received all the new equipment for the Grant money. General Fund vouchers for $6,115.38 were approved for payment, motio n by Mr . Shoemaker second by Mr. Covill e and carried. Highway Fund vouchers fo r $18, 839.98 were approved for payment, motio n by Mr . Woolston second by Mr, Covill e and carried. Water Fund vouchers fo r $8,845.34 were approved for payment, motio n by Mr. Shoemaker second b y Mr. Lak e and carried. Under Ol d Business The Tow n Board all agreed that the tow n should retain the property on Yates Carlto n Town Line Rd that Davi d Barvinsk i requested to buy. A letter wil l be writte n to advise o f the same. Motio n by Mr . Woolsto n to pass the attached resolutio n approving the Water Project was seconded by Mr . Covill e and carried. Under New Business A motio n by Mr . Lak e to cancel the December Workshop , seconded by Mr Shoemaker and carried. A motio n by Mr . Shoemaker to set the Final 2015 meeting for December 29 , 2015 at 7pm, seconded by Mr. Lak e and carried. A motio n by Mr . Shoemaker to set the Organizational meeting for January 5, 2016 at 7pm, seconded by Mr. Woolsto n and carried. A motio n by Mr . Lak e to add Seth Dumrese and Jason Draper to the active lis t for the Carlton Fire Company, seconded by Mr . Woolsto n and carried. Gayle Ashbery stated that Ki m Niehaus wil l be resigning as secretary from the Zoning Board of Appeals and the Planning Board effective December 31 , 2015. This position wil l be advertised. Gayle Ashbery stated that Mr . Lak e wil l be greatly missed. Under privileg e of the floo r Eilee n Wuethrich asked i f the assessor contract was signed wit h a one year agreement. Gayle is stil l waitin g for the contract to come back fro m Kendall . Dave Krul l stated that Bob Ort contacted hi m regarding a new grant. Dave wanted to know i f he had permission to contact hi m and let him know the town is interested. Th e Board said he can do so. Frank Lauta expressed his concerns on the new Tov/n Clerk. He also wanted an explanation for the budget lin e of Demolitio n of unsafe buildings . H e was tol d i t is for abandoned property. Marcus Covill e then questioned the Highway Supt. about snow removal at the Tow n Building . Followin g a discussion, Mr. Krul l agreed to maintain the sidewalks. At 7:50 PM , a motion by Mr. Covill e to adjourn was seconded by Mr. Woolsto n and carried. Pamela E. Rush, Town Clerk Decembers , 2015 Good Evening members o f the Carlton Town Board. We are Elle n and Vincent DeWin d and we live at 13241 Park Road in the Lakeside community for 9 months of the year. W e have owned property in Carlton for 23 yeaizyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA'S. Previousl y we owned and live d in Sunset Beach and had purchased property in the tow n to relocate our business to. We are here tonight to express our concern about the constant stream o f notices we are receiving from the Code/Zoning enforcement officer, Mrs . Lind a Woolston, going back over our ownership of 13241 Park Road. We have been tol d by her "that complaints are generated b y neighbors". Sh e has tol d us "they do not like you" . W e have been adamant over the years about the use and abuse of our property by others who also have politica l connections i n the town and county. These individuals take offense to our stance and have been vindictive . On e neighbor is angry because we would not sell him part of the property which we own next to 13241 Park Road. Other s are angry because we wil l not allow them to cut oui- trees to improve their view of the lake. We received an infomia l notice dated 11/5/2015 from Mrs . Woolston about 13241 Park Road that included copies of the local codes for Brush, Weed, Trash, Tire, and Abandon Vehicles. Th e notice simply says "Please do what is necessary to clean this property up". There were no specifics included. We sent her a letter dated November 9, 2015 inquirin g what exactly was in violatio n since the property is in the exactly the same condition as it was the last time she visite d us. A t that time she said there were no problems. Thi s is not the first time this has happened. W e receive a notice, we meet wit h her, and are tol d there is no problem only to receive another. Ou r letter of November 9 was responded t o by a "Lets meet and chat letter". Over the years we have pointed out to her violation s on other properties both in letter and verbally. Since nothing ever changes, the assumption is she did nothing about these complaints. We walk around Lakeside and Sunset and see properties in poor condition . Som e o f these have existed for yeai's. A t this point as elderly and disabled residents we feel we are being tai'geted. Thi s amounts to harassment and selective enforcement. We are asking for this treatment to stop. We have filled tw o "Freedom o f Information Law " requests wit h the Town of Carlton in regards to the zoning violations . Bot h requests have not been honored and violate the law by not furnishing or givin g us access to the requested infoimation . In the last response we were informed that Lynda Woolston "does not keep or maintain an enforcement log book." Thi s is from an office that should be keeping meticulous records i n the performance o f her duties to avoid complications that can arise. After a month we stil l have not received any specifics on our property from Mrs . Woolston. Thank you for your time. Dr. Elle n and Mr. Vincent DeWin d RESOLUTIO N Whereas, the construction of the improvements for the Tow n o f Carlton Water Project have been completed and approved by the NYS Department o f Health . Now, therefor e be it resolved, that the Tow n of Carhon accepts the project as constructed and hereby authorizes the fina l payment to the contractor. Be I t further resolved that the Tow n Board hereby designates a NYS certifie d operator, David Krul l (License No. NY0038823 ) to serve as the operator for the water system. I hearby certif y that the foregoing is a true and correct transcript of resolutio n duly adopted by the Tow n Board of the Tow n o f Carlton on the da y of December, 2015 ' Date d at Carlton, NY . Pamela E. Rush, Tow n C erk Town o f Carlton November 10,201 5 At 7:00 pm. Supervisor Gayle Ashbery called to order the regular monthly meeting of the Tow n Board of the Tow n o f Carlton. Present were the followin g Board members: Councilman Robin Lake, Councilman James Shoemaker, Councilma n Marcus Covill e and Councilman Dana Woolston. Also present were Dave Krull , Highwa y Supt., Kathy Bogan, Town Attorney , Gene Massey, Tow n Assessor and Legislator DefiUips. Followin g rol l cal l and the Pledge o f Allegiance, The minutes of October 13, 2015 were approved, motio n by Mr. Woolsto n second by Mr. Shoemaker an d carried. The Tow n Clerk' s report was approved, motio n by Mr. Shoemaker second by Mr . Covill e and carried. The Code/ Zoning Officer' s report was approved, motio n by Mr. Lak e second by Mr . Shoemaker an d carried. Mr . Woolsto n abstained. Judge Hurley' s report was approved, motio n by Mr. Woolsto n second by Mr . Covill e and carried. Judge Russell's report was approved, motion by Mr. Shoemaker second by Mr. Covill e and carried. Dave Krul l gave an update on Highway and Water Departments activities. Mr. Krul l also stated that the Waterport Carlton Bridge has been re opened and thanked Legislator Derolle r for the help wit h movin g the last bit of the projec t along. The Fire Company responded to 25 calls wit h a total of 310 ma n hours. Mr. Gene Massey reported that the re evaluation is stil l underway and that the exemptions wil l possibly be going out early. Legislator DefiUips stated that the direction of Oak Orchard River Rd has been changed and there were no issues wit h it . General Fund vouchers for $9,997.57 were approved for payment, motio n by Mr . Shoemaker second by Mr. Woolsto n and carried. Highway Fund vouchers for $29,839.95 were approved for payment, motio n by Mr. Lak e second by Mr. Covill e and carried. Water Fund vouchers for $ 46,779.39 were approved for payment, motio n by Mr . Woolston second by Mr. Shoemaker and carried. Water Project vouchers fo r $943.00 were approved for payment, motio n by Mr . Woolston second b y Mr. Covill e and carried. Under ol d business: Dave Krul l wen t to inspect Mr . Bankowski' s property on Lakeside Park Rd and found no signs of leaks. Mr . Krul l sent the meter to Albio n to be inspected fo r the second tim e and came up wit h no issues. The water department pu t a new meter at the property. Mr . Krul l does not believe that the Bankowski' s were at fault for the water loss and should not be liable for the bill . A motion by Mr. Woolsto n to charge the Bankowski' s an estimated bill , was seconded by Shoemaker and carried. Dave Krul l also recommended tha t the water leak reported by Rich Cichock i on Rt . 279 was due to an equipment failur e and he should not have to pay his total bill . A motion by Mr. Shoemaker to allow Mr. Cichock i to pay an estimated bil l was seconded by Mr. Lak e and carried. A motio n by Mr . Woolsto n to give Chad Scott o f Ashwood Rd permission to hook up to the Tow n of Yates waterline was seconded by Mr. Covill e and carried. Mrs. Ashber y read a letter from Pam Rush stating that she wil l be retirin g as o f December 31,2015 . Mrs. Ashber y also stated that OON A wil l be hosting an informationa l meeting November 12, 2015 to discuss issues. This meeting wil l be an open invite . Assemblyman Hawley wil l be attending. The November workshop has been canceled. Under privileg e of the floo r Davi d Barvinsk i o f Yates Carlto n Townline Rd. inquired about purchasing a portion of Town owned property located at the north end o f Townline Rd. Mr . Barvinsk i owns the property to the east and said that it would help wit h his parking situation. Mrs. Ashbery wil l loo k into this. A motio n by Mr . Lak e to recess the regular meeting for the scheduled publi c hearing on local law #2, seconded by Mr . Woolsto n and carried. At 7:30pm Supervisor Ashbery opened the public hearing on Local Law #2 to override the tax levy limit . Discussion followe d as to why the tow n is going over the tax cap. Al l persons being heard, this hearing was closed at 7:35 PM. A motio n by Mr . Woolsto n to re-convene th e regular meeting was seconded by Mr. Covill e and earned. A motio n by Mr . Covill e to pass Local Law #2 to over ride the tax cap was seconded by Mr. Woolsto n and carried. A motio n by Mr. Lake to recess the regular meeting for the scheduled publi c hearing on the 2016 preliminar y budget was seconded by Mr. Covill e and carried. At 7:45pm Supervisor Ashbery opened a public hearing on the 2016 preliminar y budget. Discussion followed . At 8:05pm Supervisor Ashbery closed the public hearing on the 2016 preliminar y budget. A motio n by Mr. Woolsto n to reconvene the regular meeting was seconded by Mr. Covill e and carried. A motio n by Mr. Woolsto n to adopt the 2016 preliminar y budget was seconded by Mr . Covill e and earned. At 8;05pm a motion by Mr. Woolsto n to recess the regular meeting to go into Executive session to discuss contract negotiations was seconded by Mr, Covill e and carried. At 8:45 p m a motion by Mr. Woolsto n to reconvene the regular meeting, seconded by Mr. Covill e and canied . A motio n by Mr . Covill e to sign a one year contract wit h the Tow n o f Kendall for the Assessor services. Seconded by Mr. Shoemaker an d carried. At 8:45 pm a motion by Mr. Covill e to adjourn the regular monthly meeting was seconded by Mr. Lake and canied . Pamela E. RusRTTown Clerk