MARCH 24, 2008
ONTARIO TOWN BOARD MEETING
A regular meeting of the Ontario Town Board was called to order by Supervisor Robert Kelsch at 7:00 PM in the Ontario Town Hall. Present were Supervisor Robert Kelsch, Council members: Jason Ruffell, Lori Eaton-Smith, James Switzer, Stephen Tobin, Attorney for the Town Alan Knauf and Town Clerk Debra Kloiber.
13 residents and visitors were present at portions of the meeting.
Mr. Ruffell led the Pledge of Allegiance.
Mr. Kelsch and Mrs. Smith, on behalf of the Town Board and the residents of the Town of Ontario, recognized US Marine Corporal Spencer Schmidt for his service to our country. Spencer just returned from a one (1) year tour of duty in Fallujah, Iraq and will now be stationed in North Carolina. They wished him all the best.
Revisions to the Agenda - A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to approve the agenda with the following revision: under new business-add resolution to extend the vision planning agreement. 5 Ayes 0 Nays MOTION CARRIED
Approval of Minutes – Mr. Kelsch asked for approval of the minutes of the March 10, 2008 Town Board meeting. A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the minutes as presented. 4 Ayes 0 Nays 1 Abstention (Ruffell) MOTION CARRIED
Attorney for the Town Report – Mr. Knauf gave a brief update on the landfill closure project. He would like to discuss the recommendation for DKR appraisal at a workshop.
New Business - A motion was made by Mr. Switzer, seconded by Mr. Tobin, to accept the Supervisor’s fiscal report for the month of February 2008 as presented. 5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Tobin, seconded by Mr. Switzer, to adopt a
Resolution in Support of Town Justice Courts
WHEREAS, there has recently been negative press coverage by the New York Times and local papers within Wayne County suggesting that the town court system is flawed and, more specifically, alleging that the three hundred year tradition of non-lawyer judges presiding over and within the local municipalities should be eliminated; and
WHEREAS, there has always been a Town Court within the Town of Ontario, conveniently located and accessible to our citizens; and
WHEREAS, there are two (2) Town Judgeships established within the Town of Ontario; and
WHEREAS, there are presently two (2) non-attorney Town Justices and no attorney Town Justices within the Town of Ontario; and
WHEREAS, with their civil and criminal jurisdiction, the Town Justices in the Town of Ontario handled many hundreds of cases in the past year; and
WHEREAS, the Town Court of Ontario in the past year collected $345,120.31 in statutory fines, fees and surcharges on behalf of the State of New York, the County of Wayne and the Town of Ontario, to help fund essential public services; and
WHEREAS, the Town Board of the Town of Ontario recognizes and appreciates the professionalism, diligence, intelligence and integrity of the non-attorney or lay justices within our town who bring a specialized experience to the bench particularly with issues unique to our community who elected them; and
NOW, THEREFORE, BE IT:
RESOLVED, that the members of the Town Board of the Town of Ontario support the continuation of the three hundred year tradition of non-lawyer or lay justices presiding in Town Courts, and it is further;
RESOLVED, that the members of the Town Board of the Town of Ontario hereby oppose any requirement that Town Justices be attorneys, and it is further;
RESOLVED, that the members of the Town Board of the Town of Ontario oppose any efforts to eliminate local and convenient access to justice by our citizens; and find that the local presence of the Town Court of Ontario provides a meaningful and necessary presence within our community for judicial resolution of conflicts, continued public safety of our citizens and the protection of constitutional guarantees for all of our citizens.
The resolution is to be sent to the Hon. Mark G. Farrell, New York Magistrates Association with copies to State Senator the Hon. Michael F. Nozzolio, State Assemblyman the Hon. Robert C. Oaks, New York Governor the Hon. David A. Paterson, State of New York Unified Court System Judge the Hon. John J. Rivoli, and Association of Towns State of New York Executive Director G. Jeffrey Haber.5 Ayes 0 Nays RESOLUTION ADOPTED
A motion was made by Mr. Switzer, seconded by Mrs. Smith, to authorize the Supervisor to execute the agreement with Newport Alliance for the period of March 24, 2008 until March 24, 2011.
5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mrs. Smith, seconded by Mr. Switzer, to adopt a RESOLUTION for the acceptance of the Offer of Dedication of land for public purposes from Barone Land Development, relating to the subdivision Villas by Barone, as recommended by the Deputy Attorney for the Town.
5 Ayes 0 Nays RESOLUTION ADOPTED
A motion was made by Mrs. Smith, seconded by Mr. Switzer, to adopt a RESOLUTION for the
DEDICATION OF A PARCEL OF LAND OF THE VILLAS BY BARONE SUBDIVISION,
IN THE TOWN OF ONTARIO, COUNTY OF WAYNE
WHEREAS, Barone Land Development, by “Offer to Dedicate Land”, dated September 25, 2007, has offered to dedicate certain lands in the Town of Ontario, Wayne County, New York consisting of approximately 17.8 acres of land and known as “Lands to be Dedicated to the Town of Ontario”, as is depicted on a “Map Showing Lands to be Conveyed and Access Easement”, prepared by Costich Engineering, dated 9/20/2006, and such offer has been presented to the Town Board of the Town of Ontario, and it appearing there from to the satisfaction of the Town Board that the lands so offered for dedication have been and are properly surveyed and mapped and should be accepted as Lands of said Town, and that all claims for damage have been properly released;
NOW, on Motion duly made and seconded, it was
RESOLVED, that the Town Board of the Town of Ontario does hereby consent that the aforesaid land, located in the Town of Ontario, Wayne County, New York, and as more particularly described as set forth on “Schedule A” hereof, be accepted in dedication for public purposes; and be it further
RESOLVED, that any taxes that are currently due or will become due on said parcel of land, as a result of the assessment roll in effect at the time of this acceptance, shall be the responsibility of the grantor dedicating the parcel of land to the Town. 5 Ayes 0 Nays RESOLUTION ADOPTED
A motion was made by Mr. Switzer, seconded by Mrs. Smith, to authorize the internal posting of the position of Clerk-Typist, part-time, assigned to watershed management, with added responsibilities for Geographic Information Systems (GIS).
5 Ayes 0 Nays MOTION CARRIED
A motion was made by Mr. Switzer, seconded by Mr. Tobin, to approve the extension of the Vision Planning Agreement between the Town of Ontario and the Research Foundation of SUNY, College of Environmental Science and Forestry, at no cost to the town, until April 18, 2008. 5 Ayes 0 Nays MOTION CARRIED
Reports by Town Board Members – Mr. Kelsch announced the four (4) board meeting next Monday, March 31, 2008 at 7 PM between the Ontario Town Board, Planning Board, Zoning Board of Appeals and the Watershed Management Advisory Council. There will also be a three (3) board meeting on Monday, April 7, 2008 at 7 PM between the Walworth Town Board, Wayne Central School Board and the Ontario Town Board. Ontario is hosting both meetings in the town hall meeting room.
Mr. Tobin stated that out of 1200 Justice Courts in the state, the Ontario Justice Court ranked 178. Last year Ontario was ranked 201. He also had an article from the Democrat and Chronicle regarding a forum held on biofuels with the featured speaker Jason Masters, president of Northern Biodiesel.
Mr. Switzer shared an article from the Democrat and Chronicle on an Ontario firm, Sustainable Energy Developments Inc., putting up a wind turbine for a Catholic high school in Massachusetts later this year. He also discussed the decline in mortgage tax and the affect it could have on Ontario.
Mr. Ruffell would like to discuss Chapter 150 zoning changes at a future workshop. The Town Board is waiting to receive recommendations from Peg Churchill of Wayne County IDA regarding Chapter 150 zoning changes.
Mrs. Smith complimented the newest members of the Watershed Management Advisory Council and the Planning Board for the great job they are doing.
Approval of Claims – A motion was made by Mr. Switzer, seconded by Mr. Ruffell, to approve the abstract of claims for March 2008 including vouchers #669 through #790 with a grand total of $198,867.08 and to authorize the Supervisor to issue payments for same. 5 Ayes 0 Nays MOTION CARRIED
Comments from the Public – Mr. Dan Wooster invited the Town Board to a Rotary dinner on April 1, 2008 at 6 PM at the Fireman’s Field honoring the National Guard who are posted to Ginna Nuclear Plant.
Adjourn – A motion was made by Mr. Tobin, seconded by Mrs. Smith, to adjourn at 7:40 PM.
5 Ayes 0 Nays MOTION CARRIED
Respectfully submitted,
Debra Kloiber
Ontario Town Clerk
The above minutes will become official upon approval of the town board.