Regular Meeting of the Town Board of the Town of LeRoy held on Thursday, December 10, 2015 at
7:00 PM in the Boardroom of the Town Hall, 48 Main Street, LeRoy, New York.
Members Present:
Stephen Barbeau, Supervisor
John Armitage, Council
Kelly Lathan, Council
David Paddock, Council
Tom Stella, Council
Recording Secretary:
Absent:
Others Present:
Patricia A. Canfield, Town Clerk
John Arneth, Highway Supt.
Dave Luettike-Archbell, John Duyssen, Eileen Dries
Eric Stauffer, Bob Taylor, Attorney Reid Whiting, Jackie Whiting
Supervisor Barbeau called the meeting to order at 7:00 PM followed by the pledge to the flag and approval
of the minutes for the meetings of November 12, 2015 on MOTION by Councilman Paddock and
seconded by Councilman Stella and passed unanimously.
GUESTS:
Code Officer Jeff Steinbrenner – Special Use Permit Submitted by James Gomborone – Mercy Grove –
Jeff spoke in place of Jim Gomborone and relayed that the applicant requested the special use permit be
modified to include no restrictions. He feels the restrictions would hinder and prohibit special events.
Supervisor Barbeau spoke with Felipe Oltrameri from County Planning and use will not have to go back to
the county or local planning boards, but would need to hold a public hearing on requested change.
James Gomborone, 7758 East Main Road – Schedule Public Hearing –
On MOTION By Councilman Armitage and seconded by Councilwoman Lathan and passed unanimously
with voting as follows: Council Armitage, Lathan, Paddock, Stella and Supervisor Barbeau – aye the
following RESOLUTION:
[94]
RESOLVED, the Town Board of the Town of LeRoy authorizes to hold a public hearing on
January 28, 2016 at 7:00 PM in the Boardroom of the Town Hall, 48 Main Street, LeRoy for request by
applicant James Gomborone to amend the current special use permit granted for said property at 7748 East
Main Road LeRoy New York.
PUBLIC COMMENTS:
Eileen Dries, Lake Road –
Eileen asked when the comprehensive plan would be included on the website for review. Supervisor Barbeau has
spoken to County Director of Planning for recommendations and Town Board will be holding two public hearings on
the plan.
Dave Luetticke-Archbell, Conlon Road –
Dave requested meeting minutes and response for 2015 ambulance funding of $15,000 with an additional $15,000
allocated? Supervisor Barbeau provided a letter of response with the additional funding taken from fund balance as to
not affect the tax rate.
CORRESPONDENCE:
33-15: Ambulance Funding – Letter to constituent Dave Luetticke Archbell regarding ambulance funding for 2015
34-15: Memo – Financial Procedures – Changes and recommendation from NYS Audit effective January 1, 2016
35-15: NYS Dept. of Public Service – Energy costs outreach effort
OLD BUSINESS:
1. Water Dist. 10 – MCWA Approval of Acquisition of Easements – By Monroe County Water
Authority Pursuant to §1096(6-a) of New York’s Public Authorities Law
On MOTION by Councilwoman Lathan and seconded by Councilman Stella and passed
unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and Supervisor
Barbeau – aye the following RESOLUTION:
[95]
WHEREAS, the Town of LeRoy (the “Town”) has formed the LeRoy Water District Extension
No. 10 (the “District”) and plans to install water mains among other water supply facilities for the
District; and
WHEREAS, the Monroe County Water Authority (the “Water Authority”) is the water purveyor
for the existing Town water system and will also operate and maintain the District’s water supply
facilities, once constructed, in accordance with its September 20, 2001 Retail Lease Agreement
with the Town; and
WHEREAS, the District water mains are to be installed within numerous easements that need to
be acquired by the Water Authority throughout the District; and
WHEREAS, the acquisitions are necessary to allow the completion of the construction,
installation, operation, and maintenance of the District’s water mains which will provide a potable
water supply and fire protection to the homes and properties within the District; and
WHEREAS, Section 1096(6-a) of the New York’s Public Authorities Law requires the Water
Authority to obtain the prior approval of the above-referenced acquisitions by resolution of the
Town Board.
NOW THEREFORE, LET IT BE RESOLVED, that the Town hereby approves the Water
Authority’s acquisition of all necessary easements within the District in accordance with 12096(6a) of the New York Public Authorities Law and be it further
RESOLVED, that the Town Supervisor or Deputy Supervisor is authorized to execute any
documents that the water Authority and/or the Town Attorney deem necessary to comply with this
Resolution and be it further
RESOLVED, that a copy of this Resolution be provided to the attorney for the Town and to
Stephen Savage at the Water Authority.
NEW BUSINESS:
1. Reorganization Meeting – January 14, 2016 at 6:30 PM –
On MOTION by Councilman Armitage and seconded by Councilman Paddock and
passed unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and
Supervisor Barbeau – aye the following RESOLUTION:
[96]
RESOLVED, the Town Board of the Town of LeRoy will hold their annual
Reorganizational Meeting on January 14, 2016 at 6:30 PM at the Town Hall, 48 Main Street,
LeRoy and will advertise in Batavia Daily News.
2. Resignations –
a) Mary L. Cordes – LeRoy Planning and ZBA Secretary –
On MOTION by Supervisor Barbeau and seconded by Councilwoman Lathan and
passed unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and
Supervisor Barbeau – aye the following RESOLUTION:
[97]
RESOLVED, the Town Board of the Town of LeRoy accepts with sincere appreciation
and with years of service as secretary for both the Planning and Zoning Board of Appeals effective
December 31, 2015.
b) Kenneth Mattingly – LeRoy Zoning Board of Appeals Alternate –
On MOTION by Councilman Paddock and seconded by Councilman Stella and passed
unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and Supervisor
Barbeau – aye the following RESOLUTION:
[98]
RESOLVED, the Town Board of the Town of LeRoy accepts the resignation submitted
by Kenneth Mattingly as an alternate on the Zoning Board of Appeals effective January 1, 2016.
3. Approval of Official Undertaking – Tax Collection Officer – 2016 –
On MOTION by Councilwoman Lathan and seconded by Councilman Armitage and passed
unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and Supervisor
Barbeau – aye the following RESOLUTION:
[99]
RESOLVED, the Town Board of the Town of LeRoy, County of Genesee, State of New
York do hereby approve the attached undertaking or bond as to its form, manner of execution,
amount and sufficiency thereof, and to the sureties named thereon. Said undertaking or bond shall
be conditioned that the collector of the taxes shall well and truly keep, pay over and account for all
moneys and property coming into her hands as such collector.
4. Special Meeting – December 28, 2015 –
On MOTION by Councilwoman Lathan and seconded by Councilman Armitage and passed
unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and Supervisor
Barbeau – aye the following RESOLUTION:
[100]
RESOLVED, the Town Board of the Town of LeRoy will hold a special meeting on
December 28, 2015 at 4:30 PM at the Town Hall, 48 Main Street, LeRoy New York to complete
budget transfers and year-end invoices.
5. IMA Renewal – Code Enforcement Agreement - Town of Batavia/Town of LeRoy –
On MOTION by Councilman Stella and seconded by Councilwoman Lathan and passed
unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and Supervisor
Barbeau – aye the following RESOLUTION:
[101]
RESOLVED, the Town Board of the Town of LeRoy hereby approves the Agreement
between Towns of LeRoy and Batavia in its entirety and approves for the Supervisor to sign the
agreement with the Town of Batavia effective January 1, 2016 through December 31, 2017 to
provide back-up code enforcement coverage in the event that either officer is absent due to illness,
vacation or any other absence and agreement shall remain in effect until terminated by either party
by giving the other party ninety (90) days notice of intention to terminate and shall become
effective on the first day of the month following the expiration of the ninety (90) day period.
6. Appointments –
a) Laura Brodie, Secretary to Zoning Board of Appeals and Planning Boards –
On MOTION by Supervisor Barbeau and seconded by Councilman Armitage and passed
unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and
Supervisor Barbeau – aye the following RESOLUTION:
[102]
RESOLVED, the Town Board of the Town of LeRoy appoints Laura Brodie to
fill the vacancy of Secretary for the Planning and Zoning Board of Appeals Boards at the
same rate of previously paid secretary effective January 1, 2016.
b) Matthew Miller, MEO Highway Dept. –
On MOTION by Supervisor Barbeau and seconded by Councilman Paddock and passed
unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and
Supervisor Barbeau – aye the following RESOLUTION:
[103]
RESOLVED, the Town Board of the Town of LeRoy and upon
recommendation of Highway Supt. elect Eric Stauffer appoints Matthew Miller to fill the
vacancy of MEO for the Town of LeRoy Highway Dept. per Teamsters Local 264
contract effective January 1, 2016.
7. ERS Resolution –
On MOTION by Councilman Stella and seconded by Councilwoman Lathan and passed
unanimously with voting as follows: Council Armitage, Lathan, Paddock, Stella and Supervisor
Barbeau – aye the following RESOLUTION:
[104]
[See enc. Resolution]
RESOLVED, the Town Board of the Town of LeRoy hereby establishes the following
standard work days for these titles and will report the officials to the New York State and Local
Retirement System based on time keeping system records or their record of activities as follows:
Town Clerk, Highway Supt., Court Clerk, Secy to Supervisor – 8 hrs.
Code/Zone Officer, Town Justice, Planning Bd Sec, Planning Bd Member, Court Clerk PT – 6 hrs.
COMMITTEE REPORTS:
Town Clerk:
Total fees collected for the month of October, 2015 at $8,603.55 with $5,377.60 remitted to the Supervisor.
Code:
Code Officer Jeff Steinbrenner discussed purchasing an I pad for doing field work and will discuss with IT
Tony Testa purchasing pad vs. smart phone.
Parks & Recreation:
Recreation Director Jackie Whiting reported the school has donated four portable basketball hoops to the
Village Recreation Program and will be stored for winter. The school has sent notification that the gym
will be unavailable for the months of July and August due to resurfacing.
Jackie asked for consideration of cell phone reimbursement during the recreation season.
Insurance:
Supervisor Barbeau and Councilman Armitage met with David Boyce from Tompkins Insurance to review
coverage with no significant changes.
Building:
Supervisor Barbeau and Town Board discussed enhanced security in the building and will determine the
needs moving forward.
Business Council:
Town of LeRoy will need to see approval from the Fire Dept. prior to approving use of the inflatable at no
charge for First Night Celebration. First Night raffle drawing will be held on December 21 st.
Next meeting will be January 4th with location to be determined.
GAM/Supervisor:
 G & G Process Service Inc. – Business to provide door to door community and income surveys for
projects
 Discussion of Green Genesee/Smart Genesee consortium for zoning reviews and will be reviewing
after comprehensive plan through grants
 Sheriff Maha reported on the construction of a new tower to enhance the 911 system for LeRoy
Police, Genesee Co. Sheriff and Fire Dept. when out of vehicles and encountering dead zones
 Town of Bergen will host on December 17th at 7:00 PM
AUTHORIZATION TO PAY BILLS:
On MOTION by Councilwoman Lathan and seconded by Councilman Stella and passed unanimously the
following bills were presented for payment:
Abstract #22
2015
Voucher #
General Fund A, B, SL, H
$41,194.85
586~ 623[586~592/615~618
&620 prepay]
Highway Fund DA & DB:
$18,906.11
208~228 [208 prepay]
EXECUTIVE SESSION:
On MOTION by Councilwoman Lathan and seconded by Councilman Paddock and passed unanimously to
enter into Executive Session for the purpose of personnel and litigation at 8:03 PM with Town Board,
Town Clerk, Highway Supt. Elect Stauffer, Council Elect John Duyssen and Attorney Whiting present.
On MOTION by Councilman Armitage and seconded by Councilman Stella and passed unanimously to
come out of executive session with no action taken at 9:33 PM
There being no further business to come before the Board, on MOTION by Councilwoman Lathan and
seconded by Councilman Paddock and passed unanimously to adjourn at 9:34 PM.
Respectfully Submitted, Patricia A. Canfield, Town Clerk