December 2011 Meeting
A. CONVOCATION:
1. The Canadice Town Board Meeting was held on December 12, 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: Twenty five (25) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. a. Approval of November 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 Virgil seconded, and it was unanimously carried to approve the minutes of the November 14, 2011 Regular Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
With the following correction: General abstract amended to $35,935.82.
B. PRIVILEGE OF THE FLOOR:
*Robin Whiteman indicated she is here this evening with concerns regarding hydrofracking and the need to be conservative in our approach to hydrofracking in this area. We have a petition to submit to the Board asking for a moratorium on hydrofracking to allow the Board time to gather the information needed. Robin also submitted articles and a disc for the Board to review.
*Brian Kane supports the moratorium very strongly and understands the need for the Board to have time to review all of the information.
*John O’Brien moved to Canadice due to the fact that at least half of the town is protected. Since the Syracuse and NYC watersheds are protected, it doesn’t make sense that the watershed for Rochester is not. Also the draft resolution is incredibly weak that DEC and the Governor is pushing through. For those that don’t know, the discussion period was extended until January 11th.
*Mark Erdle (resident of Canadice, occasional City of Rochester Liaison for the Town and Assistant Manager of the Hemlock Water Filtration Plant) indicated the reason why hydrofracking is not allowed in NYC and Skaneateles Watersheds has to do with the quality of the water related to the clarity of the water. Those are the only two major water supply areas with no water filtration plant. Their logic was that any activity no matter what it was could change the clarity of the water and would obligate them to build a filtration plant. It would cost Syracuse $150 million and NYC a couple of billion dollars to build. We already have a filtration plant and that is why we were not automatically prohibited from hydrofracking in this area. The situation has been looked at. At this time we are not overly concerned since geologically the Marcellus shale formations are thin and not very deep in our area. As a result it is not economically attractive for hydrofracking. The City of Rochester will be weighing in on the subject.
*Sherri Trietley thinks that is great that the City of Rochester watershed has the filtration plant, but it will not help us. The majority of people in Canadice have wells or draw out of the lake (Honeoye). The moratorium is a good idea since it would be sound and logical to wait until all of the most current information is available.
*Tyler Nagel has lived here most of his life and feels we all hold some kind of value to the natural beauty of this area. He is asking that the Board do whatever they can to maintain that quality.
*Roger McDonough (worked for DEC the last 21 years) wanted to put out there a couple of items of information; a moratorium is a local decision and he doesn’t believe it will prevent DEC from issuing any permits. If a local government prohibits a specific activity at a specific location, it is between the local government and the permit holder. There will probably be more than one company involved. In regards to Mark’s reference of the Marcellus Shale being shallow and difficult to remove gas in the area, he is correct that it will be less attractive financially to hydrofrack. However an additional point is a well can be fracked more than once. With the existence of the much deeper Utica shale gas bearing deposit, there is more than one layer that they will be looking at. It could be 20 or 30 years from now before the Utica shale deposit is considered, but once a well is in place it could be used again. I’m not personally concerned about a well developed gas well site. I’m more concerned about the sites not developed properly. The truck traffic volume is substantial. You used to be able to opt out of gas drilling, but now they could drill 5,000 feet away and go horizontally underneath your property.
*Melissa Cohen is here in support of a moratorium and of Robin Whiteman who expressed our concerns with hydrofracking. We need to stand up to the State of NY and not allow them to legislate what we want here.
*Supervisor Singer provided an overview of what the town and county have been doing up to this point. She serves on the Environmental Quality Committee, so this subject has been discussed since the end of last year. Canadice is not overly susceptible to the Marcellus Shale gas drilling. The Zoning Code Canadice has in place already will restrict activity and regulate any type of industry; and we prohibit heavy industry. Ontario County is drafting a model law at this time. Mark Erdle reminded everyone that they can’t drill on state land and about 11% of the land in town is state land. Roger McDonough added that NYS is not going to permit the kind of large impoundment of frack fluids as other areas. The proposed regulations require the fluids would be stored in tanks, so the lack of flat lands wouldn’t be a problem. Supervisor Singer reiterated the laws/codes we have in place are safeguards and the county is continuing to work on a model regulation for the towns to use. Also Pennsylvania’s laws in general are pretty lax compared to NY. After the extended comment date DEC has to take all of those comments and provide a summary response. Councilman Durkee and Councilman Virgil attended a forum in Ellicottville.
*Councilman Virgil will share with the Board the information he and Councilman Durkee received from a forum they attended in Ellicott. Industry experts and people from Pennsylvania that have been through the process were at the forum. Councilman Virgil left the meeting with an open mind. He is personally in favor of hydrofracking, but doesn’t think it will be viable for Canadice.
*Councilman Durkee isn’t against fracking if regulated properly, but doesn’t feel it is viable financially for Canadice. Not against a moratorium if it would make everyone more comfortable.
*Lydia Edlund would like to know if there are any gas leases here already in the area and is looking to the towns for help since the state and federal government does not appear to be concerned.
*Supervisor Singer indicated there are no hydrofracking leases in Canadice that she is aware of but there are gas leases in Bristol. Councilman Durkee added that those leases have been in the area for fifty or sixty years. Mark Erdle indicated LaSalle discovered Burning Spring in 1669 which runs into Mud Creek near Route 20A & 64 in Bristol. The gas drilling was developed years ago with no hydraulic fracking involved.
*Robert Nilsson invited everyone to a public forum at the Springwater Town Hall tomorrow night at 7:00 pm to hear the anti-fracking side.
*Audrey Harpe understands the purpose of a moratorium which gives us time to figure out what we want to do to protect our area. Several townships are in the process of establishing a moratorium; could we use their language?
*Supervisor Singer indicated even the moratorium needs correct language and we do have several to draw from. She just turned over copies to our Planning Board Chairman this evening.
*Laurie Walker mentioned the tremendous amount of work already involved, what kind of timeline would be involved for passing a moratorium or local law?
*Supervisor Singer is waiting for the model law from Ontario County Planning. We should have something from them this month or their first meeting of 2012. Mid January is the end of the comment period for DEC. This means it could be the end of 2012 before they would have any regulations prepared. At our level a local law could be a two or three month process.
*Brian Kane asked if there is a time frame for the town to consider passing a moratorium and has the state imposed a time constraint for passing a moratorium. Also does anyone have to review the language before it is presented for approval? Supervisor Singer indicated we are not constrained by any imposed timeline for passing a moratorium and yes after the local Planning Board/Town prepare a local ordinance, the County Planning Board reviews it. Just an FYI- there are two openings on the Planning Board if anyone is interested in serving on that Board.
*Councilman Virgil indicated it might behoove us to take our time preparing our law rather than just passing something. A moratorium is active for a limited time, usually six months to a year.
*Jamie Carestio indicated the EPA conclusively found benzene water contamination directly related to hydraulic fracking fluids in the State of Wyoming. Duke University in consult with Cornell University found water contamination from thermogenic methane. Also there is an organization called Toxics Targeting that has pointed to before and after testing of existing vertical wells showing contamination directly from hydrofracking. Currently the EPA has exempted the oil & gas industries from the clean drinking water act and the clean air act, so the industry is not regulated the same. The hazardous waste is just categorized as industrial waste. Not confident that the DEC or NYS will follow a typical timeline for this procedure and we need to pass a moratorium as soon as possible. Everyone is invited to the upcoming forums being held in Springwater and Canadice to review more information.
*Supervisor Singer indicated there are always two sides to an issue. It is the Board’s job to take the information and look at both sides.
C. COMMUNICATIONS:
Note: Communications are filed with the Town Clerk. Discussion on any item may be called for by any Member of this Board.
D. REPORTS:
1. Town Clerk/Tax Collector- Mrs. Eileen Schaefer.
a. The financial report for the Town Clerk/Tax Collector for the month of November was submitted (see T. C. file). Supervisor Singer indicated the Board of Supervisors Government Operations Committee received a memo from Robin Johnson, the Director of Real Property Tax Services, entitled “Understanding The Property Tax Cap”. Anyone interested may get a copy from the Town Clerk.
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. The written report for the year was submitted (see T. C. file).
3. Code Enforcement Officer- Mr. Robert Best.
a. The written report for the month of November was submitted (see T. C. file).
4. Planning Board- Mr. Theodore Mayhood.
a. The November draft minutes were submitted (see T.C. file).
b. No new business, still waiting for an updated survey for the Colegrove property and nothing new for the Crane application.
c. FYI – The County Planning Board has approved three hydrofracking moratoriums, so they don’t seem to be holding up the process.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. Diane Horning indicated there was nothing to report.
6. Highway Superintendent- Mr. Bruce Longbine.
a. The Highway Superintendent’s Association met with Harris Communications regarding the new directive from FCC and the changes in our communication equipment. There will still be a dead spot around Johnson Hill Rd and S Old Bald Hill Rd, but it will be better than what we have now.
7. Honeoye Lake Watershed Research Taskforce Liaison- Councilman Hershey.
a. Met with regards to the grant; prioritization of streams is done and we must be finished by April. We also met with DEC in regards to permitting possibilities. That report must be with the Department of State by April.
8. Assessor- Ms. Valary Muscarella.
a. The written report for the month of November was submitted (see T. C. file).
9. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of November was submitted (see T.C. file).
Councilman Durkee motioned, Councilman O’Connor 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 Transfers-
FROM TO AMOUNT PURPOSE
A1990.4 A1620.4 $ 1,958.56 Expenditures greater than budgeted amount.
A1990.4 A5132.4 $ 914.83 Expenditures greater than budgeted amount.
DA5110.1 DA5301.1 $ 1,567.46 Expenditures greater than budgeted amount.
Councilman Durkee motioned, Councilman O’Connor seconded, and it was unanimously carried to approve the transfers.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
E. UNFINISHED BUSINESS:
1. Canadice Water District #1
a. Resolution Number 63 of 2011 – Authorization To Execute The Rural Development Application For Project Funds Regarding The Formation Of The West Lake Road/County Road 36 Water District (A/K/A “Water District #1”)
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, The Town Board of the Town of Canadice (“Town Board”) upon its own motion without a petition, pursuant to Article 12-A of the New York State Town Law, having moved to create and establish the West Lake Road/County Road 36 Water District, which would include certain real property located wholly in the Town of Canadice, County of Ontario, and State of New York; and
WHEREAS, A referendum was put forth by the Town Board to construct said water district #1 and approved by the owners of real property located within the designated district; and
WHEREAS, The Town Board is governing this project, and wishes to pursue any funding avenue available on behalf of the residents within the proposed district to reduce or defray costs associated with the construction of said district; and
WHEREAS, An application has been prepared for submission to Rural Development for consideration; now, therefore, be it
RESOLVED, That the Town Board hereby directs the Supervisor to execute any documents necessary relating to the application to Rural Development for funding consideration; and, be it further
RESOLVED, That the Clerk of this Board send certified copies of this resolution with the executed documents to William Reemtsen at Stuart I. Brown, Mike Schaffron at LaBella Associates and retain a copy for the official Town records.
b. Resolution – Declaration of Lead Agency deferred to January 2012.
2. Intersection Stop Sign Review- Councilman O’Connor had no report at this time. Nothing has been submitted yet from Glenn Thornton Engineering.
3. Meeting with Senator Gallivan - Property Tax Cap and Mandate Relief information was distributed by the Senator. Superintendent Longbine provided Senator Gallivan with information regarding the salt storage sheds. The Senator will look into the matter since we still have not received the approval we expected for the grant funds the Town applied for.
4. Resolution Number 64 of 2011 – Calling On The Governor And Legislature Of New York State To Apply The Same Standards To Ontario County And The Finger Lakes Watersheds That The DEC Has Indicated It Will Apply To The New York City And Syracuse Watersheds
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, In 2011 the NYS Department of Environmental Conservation issued a revised Generic Environmental Impact Statement (DSGEIS) on high volume, slick water hydraulic fracturing (HVSWHF) with horizontal drilling as proposed for the Marcellus Shale, and more than 14,000 comments on the DSGEIS were submitted; and
WHEREAS, New Yorkers' concerns included questions about the ability of the NYS Department of Environmental Conservation, with its current staffing levels and its proposed regulation, to protect our natural resources with appropriate levels of oversight and enforcement, as well as, the scientific validity of many of the studies relied upon for the DSGEIS; and
WHEREAS, The extractive mining of natural gas in New York presents an unprecedented opportunity for economic benefit including the creation of jobs; and
WHEREAS, Such activities should be carefully balanced with the need to maintain the high quality of ground and surface waters to maintain a safe public health environment as well as to ensure the vitality of other water use industries (including tourism); and
WHEREAS, The Finger Lakes Area is a unique geologic region and is the sole source of water for many municipalities and landowners (more than 1.5 million people); and
WHEREAS, Rigorous scientific investigations of these issues are just beginning, including a study of the full life-cycle emissions of shale gas, the social and economic costs and benefits of the industry, and the federal Environmental Protection Agency's study of potential relationships between hydraulic fracturing and water resources; and
WHEREAS, New York State has recognized the potential for certain negative impacts and has therefore determined that the New York City and Syracuse watersheds will be exempted hydrofracking mining; now, therefore, be it
RESOLVED, That the Town of Canadice Town Board hereby requests that New York State apply the same standards to Ontario County and all of the Finger Lakes watersheds that the DEC has indicated it will apply to the New York City and Syracuse watersheds; and, be it further
RESOLVED, That copies of this resolution be sent to Governor Andrew Cuomo, Assembly Speaker Sheldon Silver, Senate Leader Dean Skelos, NYS Health Commissioner Nirav Shah, DEC Commissioner Joe Martens, NYS Dept. of Ag & Markets Commissioner Darryl Aubertine, the NYS Association of Towns, Senators Michael Nozzolio, Patrick Gallivan, Minority Leader Brian Kolb, Assemblyman Sean Hanna and Attorney General Eric Schneiderman.
a. Distribution of Related Information – the mining process, various laws, related websites, etc.
F. NEW BUSINESS:
1. Resolution Number 65 of 2011 – Authorization To Execute A No Cost Time Extension With Ontario County For Services From The Planning Department
Councilman Durkee motioned, Councilman Virgil seconded, and it was carried to approve the resolution.
APPROVED Ayes 4 Singer, Virgil, Durkee, O’Connor
Nays 1 Hershey
WHEREAS, This Board applied for and was approved a grant from New York State relative to erosion control on Honeoye Lake; and
WHEREAS, There are two components of the proposed work covered by the grant; and
WHEREAS, Ontario County presented an agreement to provide services from their Planning Department for one component of the project; and
WHEREAS, Said agreement was executed with the approval of Resolution 34 of 2010 with a term expiration of May 1, 2011; and
WHEREAS, The Town and County wish to extend said Agreement for an additional term of two years commencing on the date of approval of the time extension by the New York State Department of State Contract No. C00T006806; now, therefore, be it
RESOLVED, That this Board authorizes the Supervisor to execute said contract with Ontario County for Planning Department services; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution with the executed contract to the Ontario County Planning Department and retain a copy in the Town files.
2. Resolution Number 66 of 2011 – Authorization For Canandaigua National Bank To Act As Agent For The Town Of Canadice To Accept 2012 Town And County Tax Bill Payments
Councilman Durkee motioned, Councilman O’Connor seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, The Town Board of the Town of Canadice approves Canandaigua National Bank to act as an agent for the Town of Canadice and collect Town and County Taxes for the year 2012 during the month of January; and
WHEREAS, The Canandaigua National Bank will accept tax bills from January 2nd through January 31st, full payments only (no installment payments) and will deposit these payments to the Town of Canadice Tax Collector Account on the following business day and notify the collector with an itemized listing of taxes received; and
WHEREAS, There will be no charge to the Town for this service; and
WHEREAS, Canadice Town Tax Collector, Eileen Schaefer, will be responsible for any check that is returned for any reason; now, therefore, be it
RESOLVED, That Canandaigua National Bank will be accepting tax bills for the Town of Canadice during the month of January 2012 with no expense to the Town; and, be it further
RESOLVED, That these monies will be deposited in the Town of Canadice Tax Collector's savings account with no expense to the Town and the bank will notify the Town the following day with an itemized listing; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to Canandaigua National Bank and retain a copy in the official Town records.
3. Resolution Number 67 of 2011 – Setting Date, Place And Time For The 2012 Town Of Canadice Organizational Meeting
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, Town Law requires that the Town Board hold an Organizational Meeting at the beginning of each fiscal year; now, therefore, be it
RESOLVED, That the Organizational Meeting for the Town of Canadice for the year 2012 will be held at the Canadice Town Hall, 5949 County Road #37 in the Town of Canadice on the 9th day of January 2012 at 7:30 pm for the organization of the Board and for such other business as may be presented to the Board; and, be it further
RESOLVED, That the Town Clerk publish a public notice in the official newspaper of the Town of said meeting in accordance with Town Law.
4. Resolution Number 68 of 2011 – Re-Appointment - Christopher Vastola To The Town Planning Board
Councilman Hershey 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 term of Planning Board member, Mr. Christopher Vastola, expires on December 31, 2011; and
WHEREAS, Mr. Vastola has indicated that he would like to remain on the Planning Board; and
WHEREAS, This Board after due deliberation agrees that Mr. Vastola has been and will continue to be an asset to the Planning Board and is pleased that Mr. Vastola wishes to be re-appointed to said Board; now, therefore, be it
RESOLVED, That this Board does hereby re-appoint Mr. Christopher Vastola to the Town of Canadice Planning Board commencing January 1, 2012 and terminating on December 31, 2018; and, be it further
RESOLVED, That the Clerk of this board send certified copies of this resolution to Mr. Vastola, the Secretary of the Planning Board and retain a copy in the Town records.
5. Resolution Number 69 of 2011 – Re-Appointment – Diane Horning To The Town Zoning Board Of Appeals
Councilman O’Connor 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, The term of Zoning Board of Appeals member, Mrs. Diane Horning, expires on December 31, 2011; and
WHEREAS, Mrs. Horning has indicated that she would like to remain on the Zoning Board of Appeals; and
WHEREAS, This Board after due deliberation agrees that Mrs. Horning has been and will continue to be an asset to the Zoning Board of Appeals and is pleased that Mrs. Horning wishes to be re-appointed to said Board; now, therefore, be it
RESOLVED, That this Board does hereby re-appoint Mrs. Diane Horning to the Town of Canadice Zoning Board of Appeals commencing January 1, 2012 and terminating on December 31, 2016; and, be it further
RESOLVED, That the Clerk of this board send certified copies of this resolution to Mrs. Horning, the Secretary of the Zoning Board of Appeals and retain a copy in the Town records.
6. Schedule Distribution – 2012 Meeting Dates and 2012 Pay Dates.
7. Approval of the Bills –
Councilman Virgil motioned, Councilman O’Connor seconded, and it was carried that the bills are to be paid in the following amounts:
ABSTRACT #12
General Account Voucher #330 to #362 $ 13,710.72
Highway Account Voucher #178 to #188 $ 6,270.73
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
With the exception of One (1) Abstention from One (1) General Account Voucher- #344 Hershey
Nays 0
G. PRIVILEGE OF THE FLOOR:
1. Supervisor Singer wished everyone a Happy Holiday and mentioned the Town Employee Holiday Party is December 22ndat noon.
2. Councilman O’Connor had a question regarding an item on the new truck. After some discussion, Superintendant Longbine indicated he will check into it.
3. Sean Barry from Ontario County was contacted regarding CivicPlus, which is the company the county has contracted with for their website. Mr. Barry felt they would probably be too expensive for us. Supervisor Singer provided a contact name for CivicPlus in order to get further information before the January meeting. Matthew Turcotte from North Shore Solutions provided information regarding their website services. North Shore Solutions is comparable to Digital Towpath in cost and services provided.
4. Mr. Erdle would like to encourage the Board to pass a moratorium. When the State comes out with their final regulations, the moratorium will still be in place and it will give the Board time to consider any additional regulations that might be needed.
5. Mr. Nagle also wanted to encourage the Board to pass a moratorium. If hydrofracking is probably not going to happen in Canadice, the moratorium most likely wouldn’t be challenged. So the language in the moratorium regulation wouldn’t need to be as much of a concern.
H. ADJOURNMENT:
Councilman O’Connor motioned, Councilman Hershey seconded, and it was unanimously carried to adjourn the meeting at 8:54 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Respectfully submitted, ___________________________ Eileen Schaefer, Town Clerk
1. The Canadice Town Board Meeting was held on December 12, 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: Twenty five (25) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. a. Approval of November 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 Virgil seconded, and it was unanimously carried to approve the minutes of the November 14, 2011 Regular Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
With the following correction: General abstract amended to $35,935.82.
B. PRIVILEGE OF THE FLOOR:
*Robin Whiteman indicated she is here this evening with concerns regarding hydrofracking and the need to be conservative in our approach to hydrofracking in this area. We have a petition to submit to the Board asking for a moratorium on hydrofracking to allow the Board time to gather the information needed. Robin also submitted articles and a disc for the Board to review.
*Brian Kane supports the moratorium very strongly and understands the need for the Board to have time to review all of the information.
*John O’Brien moved to Canadice due to the fact that at least half of the town is protected. Since the Syracuse and NYC watersheds are protected, it doesn’t make sense that the watershed for Rochester is not. Also the draft resolution is incredibly weak that DEC and the Governor is pushing through. For those that don’t know, the discussion period was extended until January 11th.
*Mark Erdle (resident of Canadice, occasional City of Rochester Liaison for the Town and Assistant Manager of the Hemlock Water Filtration Plant) indicated the reason why hydrofracking is not allowed in NYC and Skaneateles Watersheds has to do with the quality of the water related to the clarity of the water. Those are the only two major water supply areas with no water filtration plant. Their logic was that any activity no matter what it was could change the clarity of the water and would obligate them to build a filtration plant. It would cost Syracuse $150 million and NYC a couple of billion dollars to build. We already have a filtration plant and that is why we were not automatically prohibited from hydrofracking in this area. The situation has been looked at. At this time we are not overly concerned since geologically the Marcellus shale formations are thin and not very deep in our area. As a result it is not economically attractive for hydrofracking. The City of Rochester will be weighing in on the subject.
*Sherri Trietley thinks that is great that the City of Rochester watershed has the filtration plant, but it will not help us. The majority of people in Canadice have wells or draw out of the lake (Honeoye). The moratorium is a good idea since it would be sound and logical to wait until all of the most current information is available.
*Tyler Nagel has lived here most of his life and feels we all hold some kind of value to the natural beauty of this area. He is asking that the Board do whatever they can to maintain that quality.
*Roger McDonough (worked for DEC the last 21 years) wanted to put out there a couple of items of information; a moratorium is a local decision and he doesn’t believe it will prevent DEC from issuing any permits. If a local government prohibits a specific activity at a specific location, it is between the local government and the permit holder. There will probably be more than one company involved. In regards to Mark’s reference of the Marcellus Shale being shallow and difficult to remove gas in the area, he is correct that it will be less attractive financially to hydrofrack. However an additional point is a well can be fracked more than once. With the existence of the much deeper Utica shale gas bearing deposit, there is more than one layer that they will be looking at. It could be 20 or 30 years from now before the Utica shale deposit is considered, but once a well is in place it could be used again. I’m not personally concerned about a well developed gas well site. I’m more concerned about the sites not developed properly. The truck traffic volume is substantial. You used to be able to opt out of gas drilling, but now they could drill 5,000 feet away and go horizontally underneath your property.
*Melissa Cohen is here in support of a moratorium and of Robin Whiteman who expressed our concerns with hydrofracking. We need to stand up to the State of NY and not allow them to legislate what we want here.
*Supervisor Singer provided an overview of what the town and county have been doing up to this point. She serves on the Environmental Quality Committee, so this subject has been discussed since the end of last year. Canadice is not overly susceptible to the Marcellus Shale gas drilling. The Zoning Code Canadice has in place already will restrict activity and regulate any type of industry; and we prohibit heavy industry. Ontario County is drafting a model law at this time. Mark Erdle reminded everyone that they can’t drill on state land and about 11% of the land in town is state land. Roger McDonough added that NYS is not going to permit the kind of large impoundment of frack fluids as other areas. The proposed regulations require the fluids would be stored in tanks, so the lack of flat lands wouldn’t be a problem. Supervisor Singer reiterated the laws/codes we have in place are safeguards and the county is continuing to work on a model regulation for the towns to use. Also Pennsylvania’s laws in general are pretty lax compared to NY. After the extended comment date DEC has to take all of those comments and provide a summary response. Councilman Durkee and Councilman Virgil attended a forum in Ellicottville.
*Councilman Virgil will share with the Board the information he and Councilman Durkee received from a forum they attended in Ellicott. Industry experts and people from Pennsylvania that have been through the process were at the forum. Councilman Virgil left the meeting with an open mind. He is personally in favor of hydrofracking, but doesn’t think it will be viable for Canadice.
*Councilman Durkee isn’t against fracking if regulated properly, but doesn’t feel it is viable financially for Canadice. Not against a moratorium if it would make everyone more comfortable.
*Lydia Edlund would like to know if there are any gas leases here already in the area and is looking to the towns for help since the state and federal government does not appear to be concerned.
*Supervisor Singer indicated there are no hydrofracking leases in Canadice that she is aware of but there are gas leases in Bristol. Councilman Durkee added that those leases have been in the area for fifty or sixty years. Mark Erdle indicated LaSalle discovered Burning Spring in 1669 which runs into Mud Creek near Route 20A & 64 in Bristol. The gas drilling was developed years ago with no hydraulic fracking involved.
*Robert Nilsson invited everyone to a public forum at the Springwater Town Hall tomorrow night at 7:00 pm to hear the anti-fracking side.
*Audrey Harpe understands the purpose of a moratorium which gives us time to figure out what we want to do to protect our area. Several townships are in the process of establishing a moratorium; could we use their language?
*Supervisor Singer indicated even the moratorium needs correct language and we do have several to draw from. She just turned over copies to our Planning Board Chairman this evening.
*Laurie Walker mentioned the tremendous amount of work already involved, what kind of timeline would be involved for passing a moratorium or local law?
*Supervisor Singer is waiting for the model law from Ontario County Planning. We should have something from them this month or their first meeting of 2012. Mid January is the end of the comment period for DEC. This means it could be the end of 2012 before they would have any regulations prepared. At our level a local law could be a two or three month process.
*Brian Kane asked if there is a time frame for the town to consider passing a moratorium and has the state imposed a time constraint for passing a moratorium. Also does anyone have to review the language before it is presented for approval? Supervisor Singer indicated we are not constrained by any imposed timeline for passing a moratorium and yes after the local Planning Board/Town prepare a local ordinance, the County Planning Board reviews it. Just an FYI- there are two openings on the Planning Board if anyone is interested in serving on that Board.
*Councilman Virgil indicated it might behoove us to take our time preparing our law rather than just passing something. A moratorium is active for a limited time, usually six months to a year.
*Jamie Carestio indicated the EPA conclusively found benzene water contamination directly related to hydraulic fracking fluids in the State of Wyoming. Duke University in consult with Cornell University found water contamination from thermogenic methane. Also there is an organization called Toxics Targeting that has pointed to before and after testing of existing vertical wells showing contamination directly from hydrofracking. Currently the EPA has exempted the oil & gas industries from the clean drinking water act and the clean air act, so the industry is not regulated the same. The hazardous waste is just categorized as industrial waste. Not confident that the DEC or NYS will follow a typical timeline for this procedure and we need to pass a moratorium as soon as possible. Everyone is invited to the upcoming forums being held in Springwater and Canadice to review more information.
*Supervisor Singer indicated there are always two sides to an issue. It is the Board’s job to take the information and look at both sides.
C. COMMUNICATIONS:
Note: Communications are filed with the Town Clerk. Discussion on any item may be called for by any Member of this Board.
D. REPORTS:
1. Town Clerk/Tax Collector- Mrs. Eileen Schaefer.
a. The financial report for the Town Clerk/Tax Collector for the month of November was submitted (see T. C. file). Supervisor Singer indicated the Board of Supervisors Government Operations Committee received a memo from Robin Johnson, the Director of Real Property Tax Services, entitled “Understanding The Property Tax Cap”. Anyone interested may get a copy from the Town Clerk.
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. The written report for the year was submitted (see T. C. file).
3. Code Enforcement Officer- Mr. Robert Best.
a. The written report for the month of November was submitted (see T. C. file).
4. Planning Board- Mr. Theodore Mayhood.
a. The November draft minutes were submitted (see T.C. file).
b. No new business, still waiting for an updated survey for the Colegrove property and nothing new for the Crane application.
c. FYI – The County Planning Board has approved three hydrofracking moratoriums, so they don’t seem to be holding up the process.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. Diane Horning indicated there was nothing to report.
6. Highway Superintendent- Mr. Bruce Longbine.
a. The Highway Superintendent’s Association met with Harris Communications regarding the new directive from FCC and the changes in our communication equipment. There will still be a dead spot around Johnson Hill Rd and S Old Bald Hill Rd, but it will be better than what we have now.
7. Honeoye Lake Watershed Research Taskforce Liaison- Councilman Hershey.
a. Met with regards to the grant; prioritization of streams is done and we must be finished by April. We also met with DEC in regards to permitting possibilities. That report must be with the Department of State by April.
8. Assessor- Ms. Valary Muscarella.
a. The written report for the month of November was submitted (see T. C. file).
9. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of November was submitted (see T.C. file).
Councilman Durkee motioned, Councilman O’Connor 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 Transfers-
FROM TO AMOUNT PURPOSE
A1990.4 A1620.4 $ 1,958.56 Expenditures greater than budgeted amount.
A1990.4 A5132.4 $ 914.83 Expenditures greater than budgeted amount.
DA5110.1 DA5301.1 $ 1,567.46 Expenditures greater than budgeted amount.
Councilman Durkee motioned, Councilman O’Connor seconded, and it was unanimously carried to approve the transfers.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
E. UNFINISHED BUSINESS:
1. Canadice Water District #1
a. Resolution Number 63 of 2011 – Authorization To Execute The Rural Development Application For Project Funds Regarding The Formation Of The West Lake Road/County Road 36 Water District (A/K/A “Water District #1”)
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, The Town Board of the Town of Canadice (“Town Board”) upon its own motion without a petition, pursuant to Article 12-A of the New York State Town Law, having moved to create and establish the West Lake Road/County Road 36 Water District, which would include certain real property located wholly in the Town of Canadice, County of Ontario, and State of New York; and
WHEREAS, A referendum was put forth by the Town Board to construct said water district #1 and approved by the owners of real property located within the designated district; and
WHEREAS, The Town Board is governing this project, and wishes to pursue any funding avenue available on behalf of the residents within the proposed district to reduce or defray costs associated with the construction of said district; and
WHEREAS, An application has been prepared for submission to Rural Development for consideration; now, therefore, be it
RESOLVED, That the Town Board hereby directs the Supervisor to execute any documents necessary relating to the application to Rural Development for funding consideration; and, be it further
RESOLVED, That the Clerk of this Board send certified copies of this resolution with the executed documents to William Reemtsen at Stuart I. Brown, Mike Schaffron at LaBella Associates and retain a copy for the official Town records.
b. Resolution – Declaration of Lead Agency deferred to January 2012.
2. Intersection Stop Sign Review- Councilman O’Connor had no report at this time. Nothing has been submitted yet from Glenn Thornton Engineering.
3. Meeting with Senator Gallivan - Property Tax Cap and Mandate Relief information was distributed by the Senator. Superintendent Longbine provided Senator Gallivan with information regarding the salt storage sheds. The Senator will look into the matter since we still have not received the approval we expected for the grant funds the Town applied for.
4. Resolution Number 64 of 2011 – Calling On The Governor And Legislature Of New York State To Apply The Same Standards To Ontario County And The Finger Lakes Watersheds That The DEC Has Indicated It Will Apply To The New York City And Syracuse Watersheds
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, In 2011 the NYS Department of Environmental Conservation issued a revised Generic Environmental Impact Statement (DSGEIS) on high volume, slick water hydraulic fracturing (HVSWHF) with horizontal drilling as proposed for the Marcellus Shale, and more than 14,000 comments on the DSGEIS were submitted; and
WHEREAS, New Yorkers' concerns included questions about the ability of the NYS Department of Environmental Conservation, with its current staffing levels and its proposed regulation, to protect our natural resources with appropriate levels of oversight and enforcement, as well as, the scientific validity of many of the studies relied upon for the DSGEIS; and
WHEREAS, The extractive mining of natural gas in New York presents an unprecedented opportunity for economic benefit including the creation of jobs; and
WHEREAS, Such activities should be carefully balanced with the need to maintain the high quality of ground and surface waters to maintain a safe public health environment as well as to ensure the vitality of other water use industries (including tourism); and
WHEREAS, The Finger Lakes Area is a unique geologic region and is the sole source of water for many municipalities and landowners (more than 1.5 million people); and
WHEREAS, Rigorous scientific investigations of these issues are just beginning, including a study of the full life-cycle emissions of shale gas, the social and economic costs and benefits of the industry, and the federal Environmental Protection Agency's study of potential relationships between hydraulic fracturing and water resources; and
WHEREAS, New York State has recognized the potential for certain negative impacts and has therefore determined that the New York City and Syracuse watersheds will be exempted hydrofracking mining; now, therefore, be it
RESOLVED, That the Town of Canadice Town Board hereby requests that New York State apply the same standards to Ontario County and all of the Finger Lakes watersheds that the DEC has indicated it will apply to the New York City and Syracuse watersheds; and, be it further
RESOLVED, That copies of this resolution be sent to Governor Andrew Cuomo, Assembly Speaker Sheldon Silver, Senate Leader Dean Skelos, NYS Health Commissioner Nirav Shah, DEC Commissioner Joe Martens, NYS Dept. of Ag & Markets Commissioner Darryl Aubertine, the NYS Association of Towns, Senators Michael Nozzolio, Patrick Gallivan, Minority Leader Brian Kolb, Assemblyman Sean Hanna and Attorney General Eric Schneiderman.
a. Distribution of Related Information – the mining process, various laws, related websites, etc.
F. NEW BUSINESS:
1. Resolution Number 65 of 2011 – Authorization To Execute A No Cost Time Extension With Ontario County For Services From The Planning Department
Councilman Durkee motioned, Councilman Virgil seconded, and it was carried to approve the resolution.
APPROVED Ayes 4 Singer, Virgil, Durkee, O’Connor
Nays 1 Hershey
WHEREAS, This Board applied for and was approved a grant from New York State relative to erosion control on Honeoye Lake; and
WHEREAS, There are two components of the proposed work covered by the grant; and
WHEREAS, Ontario County presented an agreement to provide services from their Planning Department for one component of the project; and
WHEREAS, Said agreement was executed with the approval of Resolution 34 of 2010 with a term expiration of May 1, 2011; and
WHEREAS, The Town and County wish to extend said Agreement for an additional term of two years commencing on the date of approval of the time extension by the New York State Department of State Contract No. C00T006806; now, therefore, be it
RESOLVED, That this Board authorizes the Supervisor to execute said contract with Ontario County for Planning Department services; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution with the executed contract to the Ontario County Planning Department and retain a copy in the Town files.
2. Resolution Number 66 of 2011 – Authorization For Canandaigua National Bank To Act As Agent For The Town Of Canadice To Accept 2012 Town And County Tax Bill Payments
Councilman Durkee motioned, Councilman O’Connor seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, The Town Board of the Town of Canadice approves Canandaigua National Bank to act as an agent for the Town of Canadice and collect Town and County Taxes for the year 2012 during the month of January; and
WHEREAS, The Canandaigua National Bank will accept tax bills from January 2nd through January 31st, full payments only (no installment payments) and will deposit these payments to the Town of Canadice Tax Collector Account on the following business day and notify the collector with an itemized listing of taxes received; and
WHEREAS, There will be no charge to the Town for this service; and
WHEREAS, Canadice Town Tax Collector, Eileen Schaefer, will be responsible for any check that is returned for any reason; now, therefore, be it
RESOLVED, That Canandaigua National Bank will be accepting tax bills for the Town of Canadice during the month of January 2012 with no expense to the Town; and, be it further
RESOLVED, That these monies will be deposited in the Town of Canadice Tax Collector's savings account with no expense to the Town and the bank will notify the Town the following day with an itemized listing; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to Canandaigua National Bank and retain a copy in the official Town records.
3. Resolution Number 67 of 2011 – Setting Date, Place And Time For The 2012 Town Of Canadice Organizational Meeting
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, Town Law requires that the Town Board hold an Organizational Meeting at the beginning of each fiscal year; now, therefore, be it
RESOLVED, That the Organizational Meeting for the Town of Canadice for the year 2012 will be held at the Canadice Town Hall, 5949 County Road #37 in the Town of Canadice on the 9th day of January 2012 at 7:30 pm for the organization of the Board and for such other business as may be presented to the Board; and, be it further
RESOLVED, That the Town Clerk publish a public notice in the official newspaper of the Town of said meeting in accordance with Town Law.
4. Resolution Number 68 of 2011 – Re-Appointment - Christopher Vastola To The Town Planning Board
Councilman Hershey 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 term of Planning Board member, Mr. Christopher Vastola, expires on December 31, 2011; and
WHEREAS, Mr. Vastola has indicated that he would like to remain on the Planning Board; and
WHEREAS, This Board after due deliberation agrees that Mr. Vastola has been and will continue to be an asset to the Planning Board and is pleased that Mr. Vastola wishes to be re-appointed to said Board; now, therefore, be it
RESOLVED, That this Board does hereby re-appoint Mr. Christopher Vastola to the Town of Canadice Planning Board commencing January 1, 2012 and terminating on December 31, 2018; and, be it further
RESOLVED, That the Clerk of this board send certified copies of this resolution to Mr. Vastola, the Secretary of the Planning Board and retain a copy in the Town records.
5. Resolution Number 69 of 2011 – Re-Appointment – Diane Horning To The Town Zoning Board Of Appeals
Councilman O’Connor 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, The term of Zoning Board of Appeals member, Mrs. Diane Horning, expires on December 31, 2011; and
WHEREAS, Mrs. Horning has indicated that she would like to remain on the Zoning Board of Appeals; and
WHEREAS, This Board after due deliberation agrees that Mrs. Horning has been and will continue to be an asset to the Zoning Board of Appeals and is pleased that Mrs. Horning wishes to be re-appointed to said Board; now, therefore, be it
RESOLVED, That this Board does hereby re-appoint Mrs. Diane Horning to the Town of Canadice Zoning Board of Appeals commencing January 1, 2012 and terminating on December 31, 2016; and, be it further
RESOLVED, That the Clerk of this board send certified copies of this resolution to Mrs. Horning, the Secretary of the Zoning Board of Appeals and retain a copy in the Town records.
6. Schedule Distribution – 2012 Meeting Dates and 2012 Pay Dates.
7. Approval of the Bills –
Councilman Virgil motioned, Councilman O’Connor seconded, and it was carried that the bills are to be paid in the following amounts:
ABSTRACT #12
General Account Voucher #330 to #362 $ 13,710.72
Highway Account Voucher #178 to #188 $ 6,270.73
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
With the exception of One (1) Abstention from One (1) General Account Voucher- #344 Hershey
Nays 0
G. PRIVILEGE OF THE FLOOR:
1. Supervisor Singer wished everyone a Happy Holiday and mentioned the Town Employee Holiday Party is December 22ndat noon.
2. Councilman O’Connor had a question regarding an item on the new truck. After some discussion, Superintendant Longbine indicated he will check into it.
3. Sean Barry from Ontario County was contacted regarding CivicPlus, which is the company the county has contracted with for their website. Mr. Barry felt they would probably be too expensive for us. Supervisor Singer provided a contact name for CivicPlus in order to get further information before the January meeting. Matthew Turcotte from North Shore Solutions provided information regarding their website services. North Shore Solutions is comparable to Digital Towpath in cost and services provided.
4. Mr. Erdle would like to encourage the Board to pass a moratorium. When the State comes out with their final regulations, the moratorium will still be in place and it will give the Board time to consider any additional regulations that might be needed.
5. Mr. Nagle also wanted to encourage the Board to pass a moratorium. If hydrofracking is probably not going to happen in Canadice, the moratorium most likely wouldn’t be challenged. So the language in the moratorium regulation wouldn’t need to be as much of a concern.
H. ADJOURNMENT:
Councilman O’Connor motioned, Councilman Hershey seconded, and it was unanimously carried to adjourn the meeting at 8:54 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Respectfully submitted, ___________________________ Eileen Schaefer, Town Clerk