Gaines,
NY January 10, 2012
A Regular Town Board Meeting of
the Town of Gaines, County of Orleans and the State of New York was held at the
Gaines Town Hall, 14087 Ridge Road, Gaines, New York on the 10th day
of January 2012.
PRESENT: Carol Culhane ------ Supervisor
David
Kast ------ Councilperson
James
Kirby ------ Councilperson
Susan
Smith ------ Councilperson
Douglas Syck ------ Councilperson
Ron
Mannella ------ Highway Superintendent
Jean
Klatt ------ Town Clerk
Andrew
Meier ------ Council
EXCUSED: None
OTHERS PRESENT: Marilynn Miller,
Connie Mosher Jr., Henry Smith Jr., Gerry Culhane, Mary Jo Syck, Dean Pittman, John & Linda
Goslau, Lorienda Smith, Pamela Lusk, Bill & Becky Reynolds, Carole
Patterson, Christine Sartwell, Courtney Frazier, Mary Neilans, Lisa Mannella,
David Thom, Mike Grabowski, Norma & Cheyanne Jacobs
Supervisor Culhane called the
meeting to order at 7:30PM with the Pledge to the Flag.
RESOLUTION
11 -12
APPROVAL OF MINUTES
On a motion
of Councilperson Kast, seconded by Councilperson Kirby the following resolution was
ADOPTED Ayes
5 Smith, Kast, Kirby, Culhane, Syck
Nays 0
Resolved
that the minutes of the December 13th, 2011 meeting are approved as submitted
by the Town Clerk.
RESOLUTION
12 -12
APPROVAL OF MINUTES
On a motion
of Councilperson Kirby, seconded by Councilperson Kast the following resolution was
ADOPTED Ayes
5 Smith, Kast, Kirby, Culhane, Syck
Nays 0
Resolved that the minutes of the December 28th, 2011 meeting are approved
with a correction on Page 5. The resolution was changed to 108-11. Kast was
added to the list of board member that voted Aye to the resolution, making it a
total of 5 members in favor of the motion.
RESOLUTION
13 -12
APPROVAL OF MINUTES
On a motion
of Councilperson Syck, seconded by Councilperson Smith the following resolution
was
ADOPTED Ayes
5 Smith, Kast, Kirby, Culhane, Syck
Nays 0
Resolved that the minutes of the January 2, 2012
meeting are approved with a correction on Page 2 changing resolution 2-12 to
read for a period of 1 year not 6 months. On page 7 the salary of the
Zoning Board of Appeals and Planning Secretary should read $1700.00 per year.
RESOLUTION 14 -12
APPROVAL OF SUPERVISOR’S MONTHLY
REPORT
On a motion
of Councilperson Kast, seconded by Councilperson Kirby the following resolution
was
ADOPTED Ayes
5 Smith, Kast, Kirby, Culhane, Syck
Nays 0
Resolved
that the November
2011 Supervisor’s Monthly report is approved as submitted by the Supervisor Lattin.
RESOLUTION 15 -12
APPROVAL OF ABSTRACTS
On a motion
from
Councilperson Smith and seconded by
Councilperson Kirby for General
Councilperson
Smith and seconded by Councilperson Kirby for Highway
Councilperson
Kast and seconded by Councilperson Smith for Water
ADOPTED Ayes 5 Smith,
Kast, Kirby, Culhane, Syck
Nays 0
Resolved
that the bills on abstract # will be paid as presented.
General Abstract # 1 - # 26 in the
amount of $ 22,663.55
Highway Abstract # 1 - # 8 in the amount of $ 19,274.55
Water 1 Abstract # 1 - # 3 in the amount of $ 259.81
Supervisor
Culhane presented the board with a more extensive version of a PUD
Planned Unit
Development) to be considered with the zoning changes that have been on the
table for the last few months.
After
a short discussion followed.
RESOLUTION 16 -12
LOCAL LAW NO.1 OF 2012
RESOLUTION DULY ADOPTED AT A REGULAR
MEETING OF THE TOWN BOARD OF
THE TOWN OF GAINES, ORLEANS COUNTY, NEW YORK, HELD ON
THE 10TH DAY OF
January, 2012 AT 7:30 P.M. IN THE GAINES TOWN HALL, RIDGE ROAD, ALBION,
NEW YORK, AT WHICH THE FOLLOWING WERE:
PRESENT: Supervisor
Culhane, Councilpersons Kirby,
Kast, Syck, and
Smith
ABSENT: None
Councilperson Smith moved the adoption of the following
resolution; Councilperson Syck seconded the motion;
"RESOLVED, that Local Law No1 of the Year
2012 of the Town of Gaines, Orleans
County, New York,
being a local law "Amending the Zoning Ordinance of the Town of
Gaines",
be and the same is hereby introduced and
placed on the tables and the desks of the members of the
Town Board at least seven (7) days prior to final adoption, exclusive of
Sundays; and, be it
FURTHER RESOLVED, that the Town Board shall
conduct a public hearing to consider
adoption of proposed Local Law No. 1 of the Year 2012
on the 31st day of
January at 7:30
p.m. in the Gaines Town Hall, 14087 Ridge
Road, Albion, New York 14411, at which time all
persons wishing to be heard in favor or in opposition thereto shall be heard;
and, be it
FURTHER RESOLVED, that the Town Clerk shall
cause notice of said public hearing to
be posted on the official signboard of the Town of Gaines and published in the
Batavia Daily News,
the official newspaper of the Town at least five (5) days prior to the date of
said public hearing; and
be it
FURTHER RESOLVED, that copies of the
proposed amendments shall be referred to the
Orleans County Planning Board for review and comment pursuant to GML 23 9-m
prior to adoption;
and be it
FURTHER RESOLVED, that the Town Board
hereby retains Martin Environmental
Service of Holley, New York to conduct the appropriate environmental review of
the proposed
amendments in accordance with the state environmental quality review act prior
to adoption.
Upon being put to a vote, the following
voted "Aye" in favor of adoption of the foregoing
resolution: Kirby, Kast, Culhane, Syck, Smith
The following voted "No" in
opposition thereto: None
The resolution was declared adopted.
Highway Superintendent explained to the board that Paul Chatfield, Town
Engineer, sent a letter advising the board to accept the withdrawal of the
contract from Shamrock Farm Fencing for the construction of the salt storage
building. The round poles they were going to use no longer meet the required
building codes. After a short discussion it was decided that the board would
meet with the engineer on January 11, 2012 at 10:00 AM to further discuss the
situation.
RESOLUTION 17 -12
APPROVAL FOR SUPERVISOR TO SIGN LEGAL
SERVICES AGREEMENT WITH WEBSTER, SCHUBEL, AND MEIER,ESQ.
On a motion
of Councilperson Syck, seconded by Councilperson Smith the following resolution
was
ADOPTED Ayes
5 Smith, Kast, Kirby, Culhane, Syck
Nays 0
Resolved that Supervisor
Culhane is authorized to sign the legal services agreement with Webster, Schubel
,and Meier,Esq.
Supervisor Culhane reminded the board that the moratorium would be
expiring on February 2, 2012.
Supervisor Culhane read the resignation letter of Robert McGaffick, Code Enforcement Officer effective no later than
April 1, 2012
RESOLUTION 18 -12
APPROVAL FOR SUPERVISOR TO ADVERTISE
FOR CODE ENFORCEMENT OFFICER POSITION
On a motion
of Councilperson Smith, seconded by Councilperson Kirby the following
resolution was
ADOPTED Ayes
5 Smith, Kast, Kirby, Culhane, Syck
Nays 0
Resolved that Supervisor
Culhane is authorized to advertise for the position of Code Enforcement
Officer.
RESOLUTION 19 -12
APPROVAL FOR SUPERVISOR TO ADVERTISE
FOR THE ZONING BOARD OF APPEALS POSITIONS
On a motion
of Councilperson Smith, seconded by Councilperson Syck the following resolution
was
ADOPTED Ayes
5 Smith, Kast, Kirby, Culhane, Syck
Nays 0
Resolved that Supervisor
Culhane is authorized to advertise for the Zoning Board of Appeals positions.
RESOLUTION 20 -12
APPROVAL FOR SUPERVISOR TO SIGN
ORLEANS COUNTY ANIMAL CONTROL CONTRACT
On a motion
of Councilperson Smith, seconded by Councilperson Kast the following resolution
was
ADOPTED Ayes
5 Smith, Kast, Kirby, Culhane, Syck
Nays 0
Resolved that Supervisor
Culhane is authorized to sign the 2012
Animal Control Contract.
RESOLUTION 21 -12
APPROVAL FOR SUPERVISOR TO SEND AN
APPRECIATION LETTER TO THE PLANNING BOARD MEMBERS
On a motion
of Councilperson Syck, seconded by Councilperson Kirby the following resolution
was
ADOPTED Ayes
5 Smith, Kast, Kirby, Culhane, Syck
Nays 0
Resolved that Supervisor
Culhane is authorized to send letters of appreciation to the planning board
members.
PRIVILEDGE
OF THE FLOOR/PUBLIC CONCERNS
Marilynn Miller pointed out that the website needs to be updated with
2012 information.
Dean Pittman requested that the clerk's office have night and Saturday
hours.
Lorienda Smith asked if the Legal Services Agreement would be available
for public viewing. Supervisor Culhane told her it would be available through
the FOIL process at the clerk's office.
Carol Patterson asked the board to consider making the lower level
available for the public's use.
John Goslau expressed his appreciation for all the work the board does.
Henry Smith Jr. congratulated the newly elected board member and the new
attorney. He asked the board if he could give monthly update regarding what the
county legislature is working on and offered his help if the board needed
anything.
RESOLUTION 22 -12
MOTION TO
RECESS
With
no further business, on a motion from Councilperson Kirby, seconded by
Councilperson Syck the following resolution was
ADOPTED Ayes
5 Smith, Kast, Kirby, Lattin, Oakley
Nays 0
Resolved that the January 10, 2012 board meeting was recessed at 8:18 PM
until January 11, 2012 at 10:00 AM.
Respectfully Submitted,
___________________ Jean Klatt
Gaines Town Clerk