Ontario Town Board – January 30, 2013

The regular business meeting was called to order at 7:00 p.m. by Supervisor Bob Kelsch; Councilman Jason Ruffell was excused from attending. The minutes of the meetings on 12/17/12 and 1/14/13 were approved, and there was no correspondence or old business.
– New Business – Councilman Mike Melino moved the authorization for Steve Amsler’s attendance at the Annual Highway School to be held in Ithaca on Sunday, June 2nd, through Wednesday, June 5th at a cost not to exceed $600.00; this is a budgeted item. The next motion approved Jerry Santangelo’s attendance at the Advocacy Day event in Albany on March 5th and 6th; the purpose of this event is to support the Consolidated Highway Improvements Program (CHIPS). The charge to the Town is not to exceed $500.00. The Board passed a motion setting the dates and times for the 2013 Town Cleanup as follows: Friday, May 17th from 7:00 a.m. to 5:00 p.m., and Saturday, May 18th from 7:00 a.m. until 3:00 p.m.. This will be held at the Town Highway Department at 6449 Furnace Road; the Town Clerk was directed to post and publish the legal notice to bidders as requested by Highway Superintendent Jerry Santangelo. Bid specs may be obtained at the Town Clerk’s office located at 1850 Ridge Road in Ontario, where they will be received until Tuesday, February 12th at 2:00 p.m. Any bid submitted will be binding for 90 days following the date of the bid opening, which will be stated in the bid specs.
– Supervisor Kelsch made a motion recognizing the expenditure of funds to Bernard P. Donegan, Inc., in the amount of $9297.95 during the years 2004 and 2006 for work relating to Ontario’s old landfill, as verified through the Town’s General Ledger entries. According to Paul Liess, Business Manager, the Town is in the process of applying to the Environmental Facilities Corporation (EFC) for a long-term bond in order to move from the temporary funding through Bond Anticipatory Notes (BANs). As part of that process, the Town has been gathering data on all monies spent during the landfill closure process. The invoices have long since been destroyed, as is the practice for invoices more than 6 years old. EFC will allow these monies to be listed as true and real expenses if the Board attests to the expenditure. Ontario’s records clearly indicate the funds were expended on those dates and the checks were issued to Bernard P Donegan, Inc. When the long-term bond is obtained, EFC will pay 1/2 of the interest on these funds; this closure was a $2.4 million project.
– At the request of William Riddell, Director of Economic Development, a motion was approved authorizing the Supervisor to enter into an 18-month fixed rate energy supplier agreement with Direct Energy Business, LLC, formerly Energetix. It has been discovered that this move will allow the Town to hold the cost of its electricity supplies at or close to 2012 levels. In addition, there is the delivery side, whose major variable driver is the peak use charges. The Town has engaged a Rochester-based company, Arista, to explore the possibility of using renewable energy in conjunction with an array funding through NYSERDA to manage and possibly significantly reduce peak use charges. The delivery charges are about 1/2 of the entire bill. Councilman Robusto informed the Board that RG&E’s explanation is that the demand charges are based on the highest useage period, and they have to set aside that amount of energy for the period, whether it is needed or not.
– A motion was approved recognizing the expenditure of funds to Land Resource Solutions in the amount of $16,023.34 during the years 2007 – 2008 for work done relating to Ontario’s old landfill.
– Budget Transfers/Adjustments were approved in preparation for closing the 2012 financial records.
– Policy Items – The Board adopted the ADA Compliance Form and the Fair Housing Policy 4480P, which were first read on 12/17/12 and reviewed with comments by Town Attorney Alan Knauf on 1/12/13. The changes bring the Town’s policies in these areas up-to-date and in compliance with federal regulations, and will be necessary for any CDBG funding requested.
Supervisor Kelsch moved to adopt a resolution in support of Federal Law relating to Fair Housing Opportunities. This ensures equal opportunity for all persons to rent, purchase, obtain financing, and enjoy all other housing-related services of their choice on a non-discriminatory basis as provided by state and federal laws.
Also approved was a resolution recognizing that Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs and activities conducted by the U.S. Department of Housing and Urban Development (HUD), or by grantees that receive financial assistance from HUD. This applies to Town facilities, not businesses.
– Appointments and Resignations – Supervisor Kelsch appointed Councilman Frank Robusto as the Ontario Town Board voting delegate at the 2013 Training School & Annual Meeting to be held on February 17th – 20th in New York City and to authorize all actual and necessary expenses. Also moved was the appointment of Jinny Eaton to the Ontario Board of Ethics for a 5-year term ending on December 31, 2017.
– Information Forum – The Supervisor reported that the County Budget is in place, and it is a tight year. Some members of the Board of Supervisors want the Board to oppose Governor Cuomo’s Gun Control Law, as they feel it is too restrictive. Assemblyman Bob Oaks and Senator Mike Nozzolio voted against the law because the Governor re-wrote the definition of assault weapons/rifles. Mr. Kelsch’s opinion is that law enforcement personnel should have been consulted before the law was passed.
– Public Comment – An attending high school student questioned the status of the Gun Control Law, i.e., is it state or national? Councilman Melino feels that this will not stop criminal activity. Resident Richard VanHoover commented that the minutes of the Watershed Committee have not been posted on the Town’s website; there have been 3 meetings last year, and 1 the prior year. This claim will be investigated. Local attorney and Rotary Club member Rick Leszyk shared information that the Ontario-Walworth Rotary Club will be hosting Sheriff Barry Virts, who will discuss guns and the recent legislation.
The Board adjourned into Executive Session at 7:35 for the purpose of contract negotiations, with no further business conducted upon reconvening. The next workshop meeting will be on 2/18/13 at 7:00 p.m., and the next business meeting will be on 2/11/13 at 7:00 p.m.
Submitted by Monica Deyo

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