REGULAR TOWN BOARD MEETING – immediately following public hearing

Kendall Town Hall1873 Kendall Road, Kendall, New York 14476                                                    


PUBLIC PRESENT: Bob Nelson, S. Heidemann, Reed Heidemann, Robert Brenna, Al Lofthouse, Bev Lofthouse, Mary Crumb, Kim Handley, Curt Crumb



Supervisor Vick called the second Public Hearing on the Extension of the Moratorium on Wind Energy Deriving Towers and Transmission Facilities to order at 7:32 pm., and led the Pledge of Allegiance.



                Councilman Gaesser            present                  

                Councilman Pritchard          present

                Councilman Schuth             excused-vacation

                Councilman Scroger            tardy–duties as Lion President; arrived at 8:12 pm.

                Supervisor Vick                   present



Supervisor Vick opened the hearing with an explanation of the moratorium on wind energy, and a statement regarding Governor Spitzer’s presented bill, which would remove local home rule from the decisions regarding wind energy, and put the decisions in the hand of the State. There are similar, but different bills presented by both the State Senate, and the State Assembly. The Kendall Town Board will not rush to judgment, and will continue to allow the Planning Board, and Counsel to take the time needed to provide good control; this is the purpose of the moratorium.




Curt Crumb, Countyline Road, asked who the people working on the wind energy issue are. Supervisor Vick responded that the work is being done by the Kendall Planning Board, which is typical. Only after the Planning Board has completed its report, and it has been made available for comment at a minimum of two public hearings, will any decisions be made as to allowing wind energy deriving towers in the Town of Kendall. Residents’ concerns will be taken into consideration.


Scott Heidemann, Bridge Road, asked why another year is necessary. Attorney Sansone pointed out that the moratorium can be shortened if all work is completed. Supervisor Vick said the work will be completed as soon as possible, but this extension gives the needed time to complete things correctly and thoroughly. Mr. Heidemann asked if a plan is being put into place simultaneously with data collection, and if any information on potential tax effects is available. Supervisor Vick said the plans are being drawn up, but until a company were to approach Kendall with a plan, there could be no guess as to financial ramifications. The local legislation will not be set around numbers. Councilman Pritchard stated that all the councilmen are doing their own diligent research – visiting wind farms and studying the issue. The Planning Board is currently researching other Townships’ land-use controls. Mr. Crumb is in favor of the extension on the moratorium.

Chairman Nelson stated that the Planning Board is well on its way to completing the regulations. They will contain strong wording, and be tailored specifically to Kendall.

Supervisor Vick invited the public to avail themselves of the current law regarding Met Towers.

The Public Hearing was closed at 8:00 pm.



Supervisor Vick reconvened the meeting recessed on August 9, 2007 at 8:00 pm.



The Justice court requires auditing; it may be done as part of the auditing currently done within the Town.



There are ongoing situations with Eagle Creek Marina:

The marina is currently advertised on the internet, which presents serious problems, and inconsistencies.  If it were to sell, money due to the Town would be immediately due. The advertisement lists luxury apartments, which are non-existent, not approved, and unlikely to be approved. Also, the DEC-determined wetlands to the east cannot be developed. Attorney Sansone interjected that there have been too many parties, and multiple misunderstandings regarding the marina project, and addressing and correcting these misunderstandings is underway. Supervisor Vick explained that there are contracts between NYS and Kendall, and between Kendall and the Marina. The Town of Kendall has followed and is following its side of the contracts to the letter.


Supervisor Vick announced that a sign has been stolen from Beechwood Cemetery. A resolution to offer a reward for information leading to an arrest was suggested.



Councilman Pritchard moved that the following resolution be adopted:




WHEREAS, this Town Board did heretofore adopt a resolution on the 26th day of July 2007 introducing Local Law No. 3 of the Year 2007, being a local law entitled “A Local Law Extending the Moratorium on Wind Energy Deriving Towers and Transmission Facilities” for up to 365 days, and providing that the same be placed on the desks and the tables of the members of the Town Board at least seven (7) days prior to final adoption; and


WHEREAS, the Town Board conducted  Public Hearings to consider the adoption of proposed Local Law No. 3 on the 9th day of August, 2007 and the 16th day of August, 2007 at 7:30 p.m., at which public hearings all persons wishing to be heard in favor of or against said adoption were heard, and;


WHEREAS, it is now the intent and desire of the Town board to authorize the adoption of Local Law No. 3 of the Year 2007, now therefore, be it


RESOLVED, that the Local Law No. 3 of the Year 2007 of the Town of Kendall, Orleans County, New York, being a local law entitled entitled “A Local Law Extending the Moratorium on Wind Energy Deriving Towers and Transmission Facilities” be, and the same is hereby adopted.


Such motion was seconded by Councilman Gaesser.  Supervisor Vick called for a roll call vote, which was done with the following results:

                Councilman Gaesser              aye                      

                Councilman Pritchard             aye

                Councilman Scroger               aye

                Supervisor Vick                       aye

Supervisor Vick declared that the resolution was duly adopted, and directed Clerk Richardson to file the Local Law with the NYS Department of State.


After discussion regarding the stolen sign from Beechwood Cemetery, Supervisor Vick asked the Board Members if they thought offering a reward for information leading to a conviction might be effective. Councilman Pritchard asked Attorney Sansone the legal category of the crime committed, and Attorney Sansone replied that it was a misdemeanor. Supervisor Vick asked for input on how to proceed, and expressed distress that the destruction of cemetery property continues. Offering a reward is an option. Mr. Nelson input that rewards are rarely effective, and suggested that a strongly worded notice of contempt regarding this situation may be as much a deterrent.





Councilman Gaesser made the following motion:




Resolved, to set and advertise a reward of $500.00 for information leading to the arrest and conviction of the person(s) responsible for the theft of a Beechwood Cemetery sign.


Such motion was seconded by Councilman Pritchard.  Supervisor Vick called for a vote, which was done with the following results:

                Councilman Gaesser       aye                              

                Councilman Pritchard     aye

                Councilman Scroger       aye

                Supervisor Vick               aye

Supervisor Vick declared that the resolution was passed.


Attorney Robert Brenna returned to give an update on the progress of the Banner Beach dedication process. An easement question has been resolved, and the final resident has signed. Supervisor Vick requested a certified letter stating that Mr. Schultz is retracting his previous letter threatening to hold the Town liable for any well/water problems associated with the road dedication. Attorney Sansone would like a signed release from Mr. Schultz, removing the “on notice” condition. Mr. Brenna is ready to submit his information to Mr. Sansone




Disposition of Replica Cannon – advertising will appear in the Hamlin Herald, the Lakecountry Pennysaver, and on Civil War sights on the internet.


Cemetery Trust – awaiting Orleans County Judge Punch’s signature


Court Order – Code Enforcement – has been signed by Judge Punch; must be published once per week for four  weeks, to satisfy notification requirements.



Variance Request – Single-wide Trailer – Supervisor Vick is not in favor of setting any precedent by granting the variance that is before the Planning Board. He will draft a letter, with the Board’s approval and signatures, to forward to the Planning Board.



With there being no further business, Councilman Pritchard moved that the meeting be recessed until August 23, at 7:30 pm, seconded by Councilman Scroger. All votes in favor. Supervisor Vick declared the meeting adjourned at  9:05 p.m.


Scheduled Meetings:

Recessed Town Board Meeting: August 23, 2007 at 7:30 P.M.

Regular Kendall Town Board Meeting: September 13, 2007 at 7:30 p.m.



Respectfuly Submitted,



Amy Ricahrdson

Town Clerk