April 2011 Meeting
A. CONVOCATION:
1. The Canadice Town Board Meeting was held on April 11, 2011 at 7:30 pm at the Canadice Town Hall.
2. Roll call showed the following-
Present: Supervisor Kristine Singer
Councilman Michael Virgil
Councilman Leland Durkee
Councilman John O’Connor
Councilman William Hershey
Others Present: Six (6) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. Approval of March 14, 2011 Regular Meeting Minutes-
Note: Minutes of the preceding meeting shall be approved without being read, unless the reading thereof is called for by a Member of this Board - the minutes are available for review at the Office of the Town Clerk.
Councilman Durkee motioned, Councilman O’Connor seconded, and it was unanimously carried to approve the minutes of the March 14, 2011 Regular Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
B. PRIVILEGE OF THE FLOOR:
1. Mr. Michael Schaffron, LaBella Associates, P.C. Proposed Water District.
*The benefit formulas were discussed as per the charts Mr. Schaffron provided. Method E was chosen.
*Mr. Schaffron can run some numbers of costs per year to make sure there would be enough reserves to cover possible expenses for the Town.
*It looks like financing will be at approximately 6.2%.
*Construction cost estimates would be for 2013 since we would need time to process all the necessary easements and prepare the survey.
*At this point we will tentatively schedule the Public Informational Meeting for Saturday May 7th 11:00 am, Honeoye Central School and the Public Hearing at the June 13 Canadice Town Board Meeting 7:30 pm. Mr. Emborsky will confirm the timeline is correct for the two meetings.
*SEQR to declare lead agency would be addressed at the May regular meeting and the negative declaration would be handled at the June meeting.
*Councilman O’Connor asked if the proposal could be passed by one vote; Mr. Schaffron indicated it could. Also for the O&M – would the Town of Richmond receive the 3.62 per thousand from the users through us? Supervisor Singer indicated it would be a charge to the users through us.
2. Resolution Number 21 of 2011 – Retention Of Legal Services For Matters Associated With The
Proposed Canadice Water District #1
Mr. Andrew Emborsky from Kruk & Campbell, P.C. attended the meeting and provided some information relating to the proposed water district.
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board is currently pursuing the possible creation of a water district along the County Road 36 corridor within the Town; and
WHEREAS, The process to bring this project to a vote and implementation should the referendum pass requires the services of an attorney to prepare necessary documents and contracts; and
WHEREAS, This Board desires to retain the services of Andrew Emborsky, Esq. with the firm of Kruk & Campbell for work on this project; now, therefore, be it
RESOLVED, That this Board authorizes the Supervisor to enter into an agreement with Kruk & Campbell, Attorneys at Law, to administer all legal issues pertaining to the creation of Canadice Water District #1; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to Mr. Andrew Emborsky, Esq. at Kruk & Campbell, Attorneys at Law.
C. COMMUNICATIONS:
Note: Communications are filed with the Town Clerk. Discussion on any item may be called for by any Member of this Board.
Supervisor Singer will be attending the Bond, Schoeneck & King Municipalities Conference on April 27 if anyone else is interested in going. Mr. Emborsky indicated they are a very knowledgeable firm to work with.
D. REPORTS:
1. Town Clerk/Tax Collector- Mrs. Eileen Schaefer.
a. The financial report for the Town Clerk/Tax Collector for the month of March was submitted (see T. C. file).
Councilman Durkee motioned, Councilman O’Connor seconded, and it was unanimously carried to accept the Town Clerk/Tax Collector’s report.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
2. Historian- Mrs. Margaret Bott.
a. No report.
3. Code Enforcement Officer- Mr. Robert Best.
a. The written report for the month of March was submitted (see T. C. file).
4. Planning Board- Mr. Theodore Mayhood.
a. The March draft minutes were submitted (see T.C. file).
b. The current census data was added to the draft Comprehensive Plan Update.
c. Supervisor Singer mentioned the survey content and a discussion followed. When the next update is processed, it might be a good idea to use the original survey with slight variations for comparison purposes.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. The draft minutes of the March ZBA meeting were submitted (see T.C. file).
6. Highway Superintendent- Mr. Bruce Longbine.
a. In transition from winter to spring.
b. Pouring headwalls for Canadice Lake Road and Townline Road.
7. Honeoye Lake Watershed Research Taskforce Liaison- Councilman Hershey.
a. Nothing new to report.
8. Assessor- Ms. Valary Muscarella.
a. The written report for the month of March was submitted (see T. C. file).
9. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of March was submitted (see T.C. file).
Councilman Durkee motioned, Councilman Virgil seconded, and it was carried to approve the financial report.
APPROVED Ayes 4 Virgil, Durkee, O’Connor, Hershey
Abstained 1 Singer
Nays 0
b. Budget Transfer;
FROM TO AMOUNT PURPOSE
A1990.4 A1344.2 $ 1,485.00 Expenditures greater than budgeted amount.
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to approve the budget transfer.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
E. UNFINISHED BUSINESS:
1. Weed Harvesting Equipment Repairs- Price quote and information from Ontario County Planning submitted (see T.C. file). The total cost for Canadice and Richmond is $5,745; 25% of that amount would be the portion Canadice is responsible for.
Councilman Hershey motioned, Councilman Durkee seconded, and it was unanimously carried to approve the motion for approval of repairs.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
2. Code Amendments – Removal of 120-30 everyone is in agreement with and 120-158; Section E still needs further text recommendations.
3. Resolution Number 22 of 2011 – Disposal Of Surplus Equipment Through Municipal Auction
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board established an Equipment Purchase & Replacement Schedule in order to maintain the efficient and cost effective operation of the Canadice Highway Department; and
WHEREAS, In accordance with said schedule the roller, backhoe, and F550 pickup truck have been replaced and the Town has taken delivery of the new equipment; and
WHEREAS, Canadice Highway Superintendent Bruce Longbine has determined the replaced equipment should be disposed of through auction administered by Roy Teitsworth, Inc.; now, therefore, be it
RESOLVED, That this Board authorizes Highway Superintendent Bruce Longbine to dispose of said equipment by contract for auction with Roy Teitsworth, Inc.; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to Mr. Bruce Longbine, Canadice Highway Superintendent.
4. Town Shed Structure Evaluation – Still researching information.
5. Website Changes – Mark Erdle is anticipating retiring from his webmaster position this year. Supervisor Singer indicated if there is no one else willing to maintain the forum, we need to research setting up an official website.
F. NEW BUSINESS:
1. IMA – Richmond Recreation Program
a. Resolution Number 23 of 2011 – Authorization to Execute Intermunicipal Agreement with the Town of Richmond – Summer Recreation Program
Councilman Virgil motioned, Councilman Durkee seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, The Town of Richmond has presented to this Board an Intermunicipal Agreement in connection with Canadice's support of their recreation program; and
WHEREAS, The Town of Richmond agrees to offer the residents of Canadice the opportunity to participate in all of their programs; and
WHEREAS, The Town of Canadice agrees to contribute the sum of $5,500.00 to the Town of Richmond Recreation Program as approved in the 2011 Budget; and
WHEREAS, This Board agrees it is in the best interest of its residents to support the Richmond recreation program; now, therefore, be it
RESOLVED, That this Board gives authorization for the execution of said agreement by the required Town Officials; and, be it further
RESOLVED, That this Board requests a copy of the programs results of operations and proposed upcoming year's budget prior to the preparation of the Canadice preliminary budget in September of the year; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution along with the executed copy of the agreement and retain a copy of said agreement in the official records.
2. Resolution Number 24 of 2011 – Resolution To Execute A Contract With The Honeoye Area Senior Citizens Club
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board wishes to have the Honeoye Area Senior Citizen Club provide their services to eligible Canadice residents; and
WHEREAS, The Honeoye Area Senior Citizen Club agrees to offer membership to eligible residents from the Town of Canadice to participate in all of their programs; now, therefore, be it
RESOLVED, That this Board directs the Supervisor to execute the contract with the Honeoye Area Senior Citizens Club for the year 2011; and, be it further
RESOLVED, That the Town of Canadice will contribute $950 to the Club in consideration of the above services in accordance with the contract; and, be it further
RESOLVED, That the Clerk of this Board is to send a copy of this resolution, and copy of the signed contract with the agreed payment.
3. Resolution Number 25 of 2011 – Authorization To Renew The Alarm Maintenance Contract With SG Security
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board authorized the installation of a Fire/Security system in the Town Shed; and
WHEREAS, It is in the best interest of the Town to contract with SG Security for system maintenance; now, therefore, be it
RESOLVED, That this Board directs the Supervisor to renew the annual maintenance contract with SG Security for a cost not to exceed $252.00 for the year 2011; and, be it further
RESOLVED, That the Clerk of this Board send a copy of this resolution with the agreed payment to SG Security.
4. Resolution Number 26 of 2011 – Requesting The New York State Senate And The Assembly Of The State Of New York Repeal And Amend Appropriate State Laws To Protect The Rights Of Landowners; To Regulate The Practice Of Land-Leasing For The Purpose Of Gas Drilling; And To Establish A Compensation And Remediation Fund To Address Unforeseen Damages To Landowners And Municipalities As A Result Of Activity Related To Gas Drilling
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, Gas drilling includes hydrofracking, a technology for obtaining natural gas and is proposed for use in areas of Central New York and beyond; and
WHEREAS, Hydrofracking involves pumping large quantities of water and additives at extremely high pressures into deep vertical walls, fracturing the rock and injecting sand into the cracks to release the natural gas; and
WHEREAS, There are many questions about environmental risk to land and to aquifers as a result of hydrofracking and related gas-drilling activity; and
WHEREAS, There is a law in New York State, "Compulsory Integration," which allows the gas industry an eminent domain tactic which is unconstitutional and coercive, and
WHEREAS, There is an effort on the part of gas companies to lock up rights to drilling in areas of their own determination referred to as "Spacing Units;" and
WHEREAS, The Compulsory Integration Law allows gas companies and their agents the ability to take control of land against the will of landowners; and
WHEREAS, The Compulsory Integration Law permits gas companies and their agents to use coercive methods in obtaining leases under the threat of compulsory integration, whereby landowners who fail to sign a lease will have their land included in the gas company "Spacing Unit" against their will and be compensated at a lesser amount than other lessees; and
WHEREAS, The environmental and health concerns including the potential contamination of aquifers and fresh water supply, the use of massive quantities of water, the disposal of the fracking fluids, the release of chemicals used in the process and the impact upon the local landscapes are rarely disclosed by gas companies and their agents in the course of securing a lease; and
WHEREAS, Concerns have been raised about the potential of hydrofracking to pollute our drinking water by injecting unknown contaminants underground; and
WHEREAS, Issues have been raised about the requirements and incentives for the gas drilling industry to restore the land and clean up any waste, creating questions about the possible impact upon our local landscape, the potential impact upon the health of our residents and damage to private property; and
WHEREAS, It is acknowledged that gas drilling including hydrofracking and similar operations are governed by the rules and regulation of the State of New York and that it is the responsibility of the State of New York to protect its citizens; and
WHEREAS, New York State law prohibits local municipalities, including the towns, from regulating the gas mining industry; and
WHEREAS, It is the desire of the Canadice Town Board for the New York State Senate and the New York State Assembly to amend appropriate state laws, to address the practice of gas drilling, including hydrofracking, as follows:
1. Repeal Compulsory Integration
2. Enact a Landowner's Bill of Rights requiring gas companies and their representatives (Landmen) to disclose the true nature of gas drilling, including hydrofracking, and the liabilities which landowners may face as follows:
a. A detailed description and diagram of the type of well, including vertical and horizontal distance proposed.
b. A list of chemicals which are used in the process of high-pressure drilling, or created as by products, or which may be released from deep within the rock below.
c. A thorough description of the waste created by drilling, and illustration of how it will be stored on the land.
d. An estimate of the number and type of trucks, and other equipment, which will travel over both the private land and public roads, with tonnage calculations.
e. A list of possible negative environmental impacts, including gas contamination of water sources.
f. A thorough explanation of Compulsory Integration, which apparently removes the right of neighboring landowners to decide if the mineral resources will be removed from under their lands.
g. A thorough explanation about the value of base-line testing for wells and springs prior to gas drilling.
3. Establish a Compensation and Remediation Fund to compensate landowners and communities who suffer losses as a result of hydrofracking;
now, therefore, be it
RESOLVED, That the Clerk of this Board is hereby directed to send certified copies of this resolution to the New York State Senate and the New York State Assembly representatives for the Town of Canadice along with the Majority and Minority Leaders of each branch and request them to enact legislation to accomplish the goals of this resolution.
5. Resolution Number 27 of 2011 – Appreciation Mr. David Melroy
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, Planning Board Member, Mr. David Melroy has submitted his resignation effective March 31, 2011; and
WHEREAS, Mr. Melroy began his tenure as an alternate member on the Canadice Planning Board January 9, 2006 and was appointed as a member in December of the same year; and
WHEREAS, During his tenure Mr. Melroy demonstrated integrity and dedication to both the Town and its citizens and exhibited those unique attributes and qualities which exemplify the characteristics expected of individuals serving in public service; and
WHEREAS, Mr. Melroy spent numerous hours performing his duties as a Planning Board Member and also serving on research committees during his tenure with the most recent being the extensive work on the Town's Comprehensive Plan Update; and
WHEREAS, Mr. Melroy always maintained an open mind and performed extensive research with regards to each issue or task presented to him which contributed to the excellent decisions rendered by the Planning Board on behalf of the citizens of Canadice; now, therefore, be it
RESOLVED, That this Board on behalf of the citizens of the Town of Canadice, expresses its appreciation to Mr. David Melroy for his service to the Town; and, be it further
RESOLVED, That this Board extends its best wishes to Mr. David Melroy and hopes that future years bring good health, contentment and future service to the Town and its residents; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of the resolution to Mr. Melroy.
6. Resolution Number 28 of 2011 – Authorization To Accept The Proposal For Services From Bernard P Donegan, Inc
Councilman Virgil motioned, Councilman Durkee seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board is currently pursuing the possible creation of a water district along the County Road 36 corridor within the Town; and
WHEREAS, The process to bring this project to a vote and implementation should the referendum pass requires the services of a fiscal advisor to prepare necessary documents for the financing of said district should the referendum be approved; and
WHEREAS, This Board desires to retain the services of Bernard P Donegan, Inc for work on this project; now, therefore, be it
RESOLVED, That this Board authorizes the Supervisor to enter into an agreement with Bernard P Donegan, Inc as the fiscal advisor to administer all financial issues pertaining to the creation of Canadice Water District #1; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to Mr. Chuck Bastian at Bernard P Donegan, Inc.
7. Approval of the Bills –
Councilman Durkee motioned, Councilman O’Connor seconded, and it was unanimously carried that the bills are to be paid in the following amounts:
ABSTRACT #4
General Account Voucher #79 to #110 $ 16,577.16
Highway Account Voucher #044 to #62 $ 64,426.88
Trust & Agency Voucher #02 $ 1,197.49
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
G. PRIVILEGE OF THE FLOOR: There was no one to be heard.
H. EXECUTIVE SESSION – Labor Negotiations
Councilman O’Connor motioned, Councilman Virgil seconded, and it was unanimously carried to adjourn to executive session at 9:26 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to adjourn the executive session and resume the regular meeting at 9:48 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
I. ADJOURNMENT:
Councilman O’Connor motioned, Councilman Hershey seconded, and it was unanimously carried to adjourn the meeting at 9:49 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Respectfully submitted, ___________________________ Eileen Schaefer, Town Clerk