Agenda: Ontario Town Board Meeting Time: December 17, 2018 7:00 P.M Location: Ontario Town Hall I. Call to Order/Pledge of Allegiance II. Revisions to Agenda III. Public Hearing #1: Local Law #5 IV. Public Hearing #2: Local Law #6 V. Comments from the Public VI. Approval of Minutes from Prior Meeting(s) December 10 VII. VIII. IX. Correspondence: Town Clerk Reports of the Attorney for the Town New Business a) Consideration of contract for accounting services from Raymond Wager-Frank Robusto b) Consideration to adopt Local Law #5- Frank Robusto c) Consideration of SEQR Resolution for Local Law #5 Frank Robusto d) Consideration to adopt Local Law #6- Frank Robusto X. Workshop Items XI. XII. XIII. XIV. XV. XVI. Comments from the Public Budget Adjustments/Transfers Appointments/Resignations Information Forum Approval of Claims Executive Sessions/Adjournment FUTURE MEETINGS: January 7: Organizational Board Meeting
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ONTARIO, NEW YORK AS FOLLOWS: LOCAL LAW NO. 5 OF 2018: NO. 5 of 2018: AMENDING CHAPTER 150 TO ALLOW FARM LABOR CAMP USE IN ALL ZONING DISTRICTS Sec. 1 Title This Local Law shall be known as Local Law No. 5 of 2018: Amending Chapter 150 to Allow Farm Labor Camp Use in SR Zoning District. Sec. 2 Amendment to Town Code Chapter 150 Attachment 3 Town Code Chapter 150 Attachment 3, Schedule I, Part A: Land Uses or Activities, #7 Farm Labor Camp, shall be amended to be SP in all Zoning Districts. Sec. 3 Amendment to Town Code Section 150-5 The definition of a Farm Labor Camp, contained in Town Code Section 150-5 shall be amended to read, as follows: FARM LABOR CAMP - A farm labor camp is defined to be the same as a Migrant Labor Camp, as defined by Chapter 1, Part 15, of the New York State Sanitary Code. For purposes of this chapter, a farm labor camp shall consist of facilities occupied by one or more persons. [See 150-43F(1).] Sec. 4 Amendment to Town Code Section 150-43(F)(1) The provisions of Town Code Section 150-43(F)(1) shall be amended to read: Farm labor camp in all Zoning Districts. Sec. 5 Severability If any clause, sentence, phrase, paragraph or any part of this Local Law shall for any reason be adjudicated finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Local law, but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof, directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this Local Law would have been adopted had any such provision been excluded. Sec. 4 Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State. 1
Sec. 1 Title BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF ONTARIO, NEW YORK AS FOLLOWS: LOCAL LAW NO. 6 OF 2018: AMENDING SECTIONS 146-5 AND 146-6 OF CHAPTER 146 WATER OF THE ONTARIO TOWN CODE This Local Law shall be known as Local Law No. 6 of 2018: Amending Sections 146-5 and 146-6 of Chapter 146 - Water. Sec. 2 Amendment to Town Code Section 146-5 The provisions of Town Code Section 146-5 shall be amended to read, as follows: 146-5. Application for water service. Except for persons who already have water service from the Town at date of the enactment of this section, every person desiring a supply of water through the Town water mains must make application at the office of the Water Utilities Department for a service pipe and connection with the Town's mains. Such application shall be made in writing upon blank forms furnished by the Town, and must be signed by the owner of the property or his or her duly authorized agent. Sec. 3 Amendment to Town Code Section 146-6 Sec. 4 The provisions of Town Code Section 146-6 shall be amended to read, as follows: 146-6. Installation of service connections and service pipes. A. Responsibility. All service connections with the Town mains and service pipes from Town mains to approximately the property line, including the stop or curb cock or valve and box for the same, shall be installed by and at the expense of the owner, using licensed and insured site or mechanical contractors, with all work to be inspected by authorized staff of the Town s Water Utility Department. Such owner shall indemnify and save harmless the Town from all loss or damage that may be occasioned, directly or indirectly, as a result of the such service connection. B. Connection Fees. There shall be a service connection fee and an inspection fee that shall apply to all residential, commercial and industrial connection to the public water system within the water benefit area and any extensions thereof completed after the date of the adoption of this chapter. Said fees shall be as set forth in the Town s Fee Schedule. The owner of the improved property shall be required to pay all such fees to the Town at the time of application for water service. C. Required depth. The owner receiving a permit for the introduction of a water service into his or her premises will be required to cause such service to be placed not less than 60 inches below the surface of the earth at any place between the water main and the street and the inside of the foundation wall of the building into which the water service is introduced. D. Connection of service pipes to water main. All service pipes from the water main must be connected with the main by a separate pipe of not less than 3/4 inch in diameter. E. Service pipes to be of approved material; exception. All service pipes must be of Type K copper material or equivalent, except service pipes of diameter of four inches or larger may be of ductile or cast-iron pipe. Severability If any clause, sentence, phrase, paragraph or any part of this Local Law shall for any reason be adjudicated finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Local law, but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof, directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this Local Law would have been adopted had any such provision been excluded. Sec. 5 Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State.
DECEMBER 10, 2018 ONTARIO TOWN BOARD MEETING A regular meeting of the Ontario Town Board was called to order by Supervisor Frank Robusto at 7:00 p.m. in the Ontario Town Hall. Present were Supervisor Robusto, Council members: Joseph Catalano, Richard Leszyk, Scott TeWinkle, Jason Ruffell, Town Engineer/Water Superintendent Adam Cummings, Assessor Melissa Halstead, Library Director Sandra Hylen, Attorney for the Town Richard Williams and Town Clerk Debra DeMinck. Absent: Superintendent of Highways Marilee Stollery, Code Enforcement Officer Brian Smith and Director of Recreation & Parks William Riddell 10 residents and visitors were present at portions of the meeting. Mrs. Halstead led the Pledge of Allegiance. Approval of the Agenda A motion was made by Mr. Ruffell, seconded by Mr. Leszyk, to approve the agenda as presented. 5 Ayes 0 Nays MOTION CARRIED Comments from the Public None Approval of Minutes - Mr. Robusto asked for approval of the minutes of the November 26, 2018 Town Board Meeting. A motion was made by Mr. Ruffell, seconded by Mr. TeWinkle, to approve the minutes as presented. 4 Ayes 0 Nays 1 Abstention (Robusto) MOTION CARRIED Correspondence None Attorney for the Town Report None Department Head Reports - Town Clerk A motion was made by Mr. Leszyk, seconded by Mr. Ruffell, to receive the November 2018 report as presented. 5 Ayes 0 Nays MOTION CARRIED Superintendent of Water Utilities/Town Engineer A motion was made by Mr. Ruffell, seconded by Mr. Catalano, to accept the November 2018 report as presented. 5 Ayes 0 Nays MOTION CARRIED The Water Superintendent has been working with the Accountant and would like to consolidate both sewer districts into one. Superintendent of Highways A motion was made by Mr. Leszyk, seconded by Mr. Ruffell, to accept the November 2018 report as presented. 5 Ayes 0 Nays MOTION CARRIED Code Enforcement Officer A motion was made by Mr. Robusto, seconded by Mr. Ruffell, to accept the November 2018 report as presented. 5 Ayes 0 Nays MOTION CARRIED Sole Assessor A motion was made by Mr. Ruffell, seconded by Mr. Leszyk, to accept the November 2018 report as presented. 5 Ayes 0 Nays MOTION CARRIED Ontario Town Court No reports Director of Recreation & Parks A motion was made by Mr. TeWinkle, seconded by Mr. Ruffell, to accept the November 2018 report as presented. 5 Ayes 0 Nays MOTION CARRIED Economic Development Department - A motion was made by Mr. Ruffell, seconded by Mr. Leszyk, to accept the November 2018 report as presented. 5 Ayes 0 Nays MOTION CARRIED Watershed Management Advisory Council A motion was made by Mr. Leszyk, seconded by Mr. Catalano, to accept the November 2018 report as presented. 5 Ayes 0 Nays MOTION CARRIED
Animal Control Officer No Report 12/10/18 Page 2 Library A motion was made by Mr. Ruffell, seconded by Mr. TeWinkle, to accept the November 2018 report as presented. 5 Ayes 0 Nays MOTION CARRIED New Business A motion was made by Mr. Ruffell, seconded by Mr. Leszyk, to authorize the Assessor to hire Tammy Goetz as a part time assessing clerk for $14.00 per hour/no benefits, effective December 13, 2018 as requested by the Assessor in a memo dated December 10, 2018. 4 Ayes 1 Nay (TeWinkle) MOTION CARRIED A motion was made by Mr. Leszyk, seconded by Mr. Ruffell, to authorize the Town Justices to hire John Agnello as an armed court security guard, to assist in scheduling matters, at $17.98 per hour/no benefits, effective December 11, 2018 as requested by the Justices in a memo dated November 27, 2018. 5 Ayes 0 Nays MOTION CARRIED A motion was made by Mr. Robusto, seconded by Mr. TeWinkle, to authorize the Ontario Town Board Members to sign Letters of Recognition for Emma Gabriel, Katie Cieplinski, Lillian Freeman and Lily Ocque for achieving their Girl Scout Gold Award with Troop 40844. 5 Ayes 0 Nays MOTION CARRIED A motion was made by Mr. Robusto, seconded by Mr. Ruffell, to adopt the following: THE PROPOSED ESTABLISHMENT OF A HELIPORT BY JOHN CASCIANI TO BE LOCATED AT 560 BOSTON ROAD IN THE TOWN OF ONTARIO, NEW YORK Resolution requesting determination by New York State Commissioner of Transportation WHEREAS, John Casciani is an owner by contract of a certain parcel of real property located at 560 Boston Road, Ontario New York; and WHEREAS, New York State General Business Law Section 249 provides that no person shall establish or improve a privately owned heliport except by authorization of the governing Board in which such heliport is proposed to be established or improved; and WHEREAS, New York State General Business Law Section 249 provides that the governing body of a Town shall not authorize the establishment or improvement of a private heliport at the requested location unless in accordance with the standards prescribed by the Commissioner of Transportation of the State of New York; and WHEREAS, the heliport proposed to be established or improved will be privately owned and the owner of the real property upon which the establishment is to take place has consented to such establishment; NOW, THEREFORE, BE IT RESOLVED THAT, the New York State Commissioner of Transportation is hereby requested to make a determination as to whether or not the establishment of such privately owned heliport complies with his standards adopted pursuant to Section 249 of the New York State General Business Law. 5 Ayes 0 Nays RESOLUTION ADOPTED A motion was made by Mr. Ruffell, seconded by Mr. Catalano, to adopt the list of budget transfers from the Accounting Department dated November 12, 2018 as presented. 5 Ayes 0 Nays MOTION CARRIED A motion was made by Mr. Ruffell, seconded by Mr. TeWinkle, to adopt the Treasurers Summary report from the Accounting Department as presented. 5 Ayes 0 Nays MOTION CARRIED A motion was made by Mr. Ruffell, seconded by Mr. TeWinkle, to adopt the Statement of Expenditures, Encumbrances and Appropriations from the Accounting Department as presented. 5 Ayes 0 Nays MOTION CARRIED
12/10/18 Page 3 Appointments/Resignations A motion was made by Mr. Ruffell, seconded by Mr. Catalano, to accept the resignation of Cheryl Kazmirski, Watershed Clerk, effective December 6, 2018. 5 Ayes 0 Nays MOTION CARRIED Reports by Town Board Members Mr. TeWinkle stated the Annual Christmas Tree lighting was well attended and Santa s Sleigh is very successful. Mr. Robusto reported that Wayne County passed their budget last week. He voted no due to high fund balance that he felt some could have been used to lower the tax rate. Mr. Ruffell stated he didn t attend the Tree Lighting as he was out of town but thanked all who volunteered. He also asked Mr. Cummings if he would be posting for another Watershed Clerk. Mr. Cummings responded that no, he will be using that money for projects. Comments from the Public None Approval of Claims - A motion was made by Mr. TeWinkle, seconded by Mr. Ruffell, to approve the abstract of claims for December 10, 2018 including vouchers #3391through #3545(3391, 3409-3414 and 3486 used by the Business Office) with a grand total of $66,507.54 and to authorize the Supervisor to issue payments for same. Mr. Catalano abstains from vouchers 3428, 3424 and 3538. 5 Ayes 0 Nays MOTION CARRIED Workshop Audio/Video updates for the Town Board Meeting room. Board members had a brief discussion on the information and pricing from Rowe Home Theater regarding audio and visual upgrades to the boardroom. Several board members feel it should be kept simple and go wireless. Another proposal will come before the board at a later date. Executive Session - A motion was made by Mr. Leszyk, seconded by Mr. Catalano, to move into an executive session at 8:26 p.m. for a personnel matter leading to said dismissal, removal, promotion, appointment, employment, discipline, demotion or suspension of a particular person. 5 Ayes 0 Nays MOTION CARRIED Reconvene 9:59 p.m. Adjourn - A motion was made by Mr. Catalano, seconded by Mr. TeWinkle, to adjourn at 10:00 p.m. 5 Ayes 0 Nays MOTION CARRIED Respectfully submitted, Debra DeMinck Ontario Town Clerk The above minutes will become official upon approval of the town board.