November 2011 Meeting
A. CONVOCATION:
1. The Canadice Town Board Meeting was held on November 14, 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: Eleven (11) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. a. Approval of October 10, 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 October 10, 2011 Regular Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
With the following correction: Heading date should read October 10, 2011.
B. PUBLIC HEARING -Proposed Fire Protection and Ambulance Service Contracts.
Supervisor Singer opened the public hearing regarding the proposed fire protection and ambulance
service contracts. The term is for one year at a 2% increase. No one had any comments or
questions.
Councilman Hershey motioned, Councilman O’Connor seconded, and it was unanimously carried to close the public hearing.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
C. PUBLIC HEARING - Local Law No. 1 (intro) of 2011 to Override The Tax Cap Levy Limit
established in General Municipal Law §3-c.
Supervisor Singer opened the public hearing regarding Local Law No. 1. The proposed 2012 budget is not over the 2% tax cap levy limit. The law to override the limit is to protect the town from any possible errors or corrections that would result in penalties. Councilman Virgil asked if other municipalities were passing the override law. Supervisor Singer indicated they are and Ontario County has also.
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to close the public hearing.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
D. PUBLIC HEARING - Proposed 2012 Canadice Town Budget.
*Supervisor Singer opened the public hearing regarding the 2012 proposed budget.
*Mr. Patrick Kuter spoke in support of Mr. Steve Zeh. Mr. Kuter feels Mr. Zeh goes above and beyond in his position as Deputy Highway Superintendent and should have a better stipend. Mr. Kuter had spoken on behalf of the Highway Superintendent Bruce Longbine previously and currently wants to make sure Mr. Zeh gets something for all the extra work he does. Supervisor Singer indicated the Deputy Highway Superintendent line does include a 2% increase. After further discussion, the Board did not feel at this time the 2% increase in the budget should be changed.
*Mr. Terry Gronwall asked for a brief overview of the budget. Supervisor Singer indicated the major increases in the budget are for Blue Cross/Blue Shield and NYS retirement. The town tax rate last year was a total of $2.694. (The town tax rate of $2.57 plus Workers Compensation Levy Rate of $.124 added together). Those two line items are combined in the 2012 proposed budget for a total of $2.71 and $.695 for the fire protection rate.
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to close the public hearing.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
E. PRIVILEGE OF THE FLOOR:
1. Mr. Michael Schaffron from LaBella Associates P.C. indicated they had received a letter from the NYS Historic Preservation Office requesting information. Packets for Lead Agency Status will go out this week. At the January meeting if we have heard back from the Comptroller, we can set the Public Hearing for the Bond Resolution.
2. Ms. Erica Crane of S Old Bald Hill Road addressed the Board regarding noise issues in her neighborhood. Ms. Crane tried talking to the neighbor, called the sheriff’s office three times and nothing seems to help. The Board was sympathetic to Ms. Crane’s situation, but a local law can not be recommended based on a complaint from one property owner. Supervisor Singer indicated a petition with approximately 25 to 30 signatures (5% of the voters from the last gubernatorial election) from a cross section of the whole town would need to be submitted in order for the Board to consider drafting a local law regulating noise issues. Ms. Crane felt she could provide a petition and thanked the Board for their time.
F. COMMUNICATIONS:
Note: Communications are filed with the Town Clerk. Discussion on any item may be called for by any Member of this Board.
G. REPORTS:
1. Town Clerk/Tax Collector- Mrs. Eileen Schaefer.
a. The financial report for the Town Clerk/Tax Collector for the month of October was submitted (see T. C. file).
Councilman O’Connor motioned, Councilman Durkee 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 October was submitted (see T. C. file).
b. Mr. Erhart’s unsafe structure has been removed.
4. Planning Board- Mr. Theodore Mayhood.
a. The October draft minutes were submitted (see T.C. file).
b. Still looking for new members.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. No report.
6. Highway Superintendent- Mr. Bruce Longbine.
a. CHIPS check should be issued in December.
b. The equipment inventory list was passed out for reference purposes.
7. Honeoye Lake Watershed Research Taskforce Liaison- Councilman Hershey.
a. No report.
8. Assessor- Ms. Valary Muscarella.
a. The written report for the month of October was submitted (see T. C. file).
9. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of October 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 A5132.4 $ 1,821.31 Expenditures greater than budgeted amount.
DA5130.2 DA5112.21 $ 1,602.55 Expenditures greater than budgeted amount.
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the transfers.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
c. Resolution Number 53 of 2011 – Budget Modifications
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 total budgeted amount in both funds, General (A) and Highway (DA), is sufficient for the amounts billed for the Town's contribution to the New York State Retirement System; and
WHEREAS, The amount in the General Fund (A) exceeds the contribution required from that fund; and
WHEREAS, There exists a shortage in the Highway (DA) fund to meet the required fund contribution; now, therefore, be it
RESOLVED, That this Board directs the Budget Officer to make the following 2011 budget modifications:
Decrease A9010.8, State Retirement by $2,990.14
Increase A9901.9, Transfers to other Funds by $2,990.14
Increase DA9010.8, State Retirement by $2,990.14
Increase DA5031, Inter-fund Transfers by $2,990.14
H. UNFINISHED BUSINESS:
1. Resolution Number 54 of 2011 – Authorization To Execute One Year Fire Protection & Ambulance Service Agreements
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, The Town of Canadice Currently contracts with the Richmond Fire District, the Springwater Fire District and the Hemlock Fire District for fire protection and ambulance service within the Towns fire protection district as set forth in executed agreements between the Town and said districts: and
WHEREAS, Said agreements will expire on December 31, 2011; and
WHEREAS, This Board wishes to renew said agreements for one year commencing January 1, 2012 and terminating on December 31, 2012; now therefore, be it
RESOLVED, That this Board is hereby authorized to execute the fire and ambulance protection agreements, with the above mentioned Fire Districts, under the terms set forth in the attached documents; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution along with two signed copies of each agreement to the respective Fire Districts to be signed by their Commissioners, one copy to be retained by the District, the other to be returned to the Town Clerk of the Town of Canadice.
2. Resolution Number 55 of 2011 – Adoption Of Local Law Number 1 (intro) of 2011 Entitled A Local Law To Override The Tax Levy Limit Established In General Municipal Law 3-c
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, A Public Hearing was duly held at the Canadice Town Hall on the 14th day of November, 2011 at 7:30 pm, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof; and
WHEREAS, The Town Board of the Town of Canadice, after due deliberation, finds it in the best interest of the Town to adopt said Local Law; and
WHEREAS, It is necessary to keep all local laws, as finally adopted, numbered consecutively in the year of their filing in the Office of the Secretary of State; now, therefore, be it
RESOLVED, That this Board adopts said Local Law Number 1(Intro) of 2011 as Local Law Number 1 of 2011 entitled: A Local Law to Override the Tax Levy Limit Established in General Municipal Law Section 3-c; and, be it further
RESOLVED, That the Clerk of this Board is hereby directed to file a copy of Local Law Number 1 of 2011 along with a certified copy of this resolution with the Secretary of State, and send a copy of this resolution and Local law Number 1 of 2011 to General Code Publishers for reference.
3. Resolution Number 56 of 2011 – Opposition To The 2% Tax Cap
Supervisor Singer indicated the opposition is in part due to the lack of mandate relief that is not included with the tax cap.
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, New York State recently enacted legislation known as the 2% Tax Cap, and
WHEREAS, This legislation has far reaching serious implications on local municipalities, and
WHEREAS, Said legislation, in particular, has a negative effect on the budgets of local municipalities, and
WHEREAS, Said legislation greatly lessens the power and authority of local municipalities, and
WHEREAS, The contents of this law are ambiguous with many different interpretations causing confusion in understanding this legislation, and
WHEREAS, The legislation fails to address the costs of providing services that are beyond the control of local governments, including state mandated services; now, therefore, be it
RESOLVED, That the Town Board of Canadice opposes and expresses deep disappointment and concern over the enactment of the 2% Tax Cap; and, be it further
RESOLVED, The Clerk of this Board provide a copy of this resolution to Governor Andrew Cuomo, Senator Patrick Gallivan and Assemblyman Sean Hanna.
4. Water District Update
a. Resolution Number 57 of 2011 - Intent To Declare Lead Agency Status For SEQR Regarding The Formation Of Canadice Water District #1
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
RESOLVED, That in accordance with the New York State Environmental Quality Review (SEQR) regulations, the Town Board of the Town of Canadice hereby announces its intent to serve as Lead Agency to conduct an environmental review of public water supply improvements to serve residents along the west shore of Honeoye Lake. The project consists of the installation of approximately 34,500 linear feet of water main along portions of West Lake Road, as well as local roads and easements in lake shore communities, a 160,000 gallon water storage tank and access road, 1,000 linear feet of transmission main connecting the tank to the distribution system, and a pump station. The Town of Canadice will create Water District No. 1 to provide public water within the service area.
FURTHER RESOLVED, The Town Board has determined that the proposed action is a Type I action as defined under SEQR, as the action requires approval of plans by the NYS Department of Health; and, be it
FURTHER RESOLVED, That the Town Board hereby accepts the Environmental Assessment of this project, prepared by LaBella Associates, and, be it
FURTHER RESOLVED, The Town Board will notify the Involved Agencies of its intention to act as Lead Agency for this project and will provide them with a copy of Part 1 of the full Environmental Assessment Form. The Town Board plans to make a Determination of Significance for the project after the 30-day comment period has elapsed.
b. Resolution Number 58 of 2011 – Regarding The Formation Of The West Lake Road/County Road 36 Water District (A/K/A “Water District #1”) And Applying For Permission Of The NYS Office Of The State Comptroller To Establish Said District
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to approve the resolution as submitted.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to approve the amendment to the resolution correcting County Rte 36 to County Road 36 and added the second WHEREAS.
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 the attached application for approval was prepared at the direction of the governing board; and
WHEREAS, The Town Board believes the contents of the application to be accurate; and
WHEREAS, The Town Board has determined that the water district for which permission is sought is in the public interest and will not contribute an undue burden on the properties which will bear the cost thereof; and
WHEREAS, All real property that will be assessed against to bear the cost of the proposed district will be benefited by the proposed improvements, and that no benefited property has been excluded from the water district; now, therefore, be it
RESOLVED, That the Town Board hereby directs that the application seeking permission of the New York State Comptroller to establish the water district be submitted for review and approval.
5. Resolution Number 59 of 2011-Adoption Of The 2012 Canadice Town Budget
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, Budget estimates and request forms were given to Town officials during August 2011 by the Budget Officer, and
WHEREAS, Upon receipt of said forms the Budget Officer prepared a Tentative Budget for 2012 and submitted same to the Town Clerk and Board members; and
WHEREAS, A duly advertised budget workshop was held to discuss the Tentative Budget on September 28, 2011; and
WHEREAS, After said workshop the Budget Officer prepared and submitted the Preliminary Budget for 2012 to the Town Clerk and Board Members; and
WHEREAS, A duly advertised Public Hearing was held on November 14, 2011 to receive comments pertaining to the 2012 Preliminary Budget; now, therefore, be it
RESOLVED, That this Board does approve of and adopt the 2012 Preliminary Budget as amended per the Public Hearing as the Town Budget for 2012; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution along with two certified copies of the adopted budget to Ms. Karen DeMay, Clerk, Ontario County Board of Supervisors.
6. Resolution Number 60 of 2011 – Authorization To Execute A Contract Agreement With The International Union Of Operating Engineers Local Union 832S, AFL-CIO
Supervisor Singer indicated the tentative agreement for the contract is 0% in 2012, 1% in 2013 and in 2014 it will be based on the cost of living with a minimum of 1% and maximum of 2.5%. Councilman O’Connor mentioned as an FYI that he spoke with a new employee in Richmond and indicated they have a step-up clause for new-hires.
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 agreed to enter into negotiations with the International Union of Operating Engineers Local Union 832S, AFL-CIO as representatives for the Heavy Motor Equipment Operators employed by the Town of Canadice; and
WHEREAS, A contract was agreed upon and approved covering the years 2009, 2010 and 2011 with Resolution 60 of 2008; and
WHEREAS, Representatives from the Town and the Union have met and agreed to the terms set forth in the attached agreement to be effective until December 31, 2014; and
WHEREAS, The negotiating team has tentatively agreed to the terms set forth in the proposed agreement and recommends its approval; now, therefore, be it
RESOLVED, That this Board does hereby approve said agreement and authorizes the Supervisor to execute same on behalf of the Town of Canadice upon receipt of the attorney's approval; now therefore, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to Jim Glather, Representative, International Union of Operating Engineers Local Union 832S, AFL-CIO at PO Box 93310, Rochester, NY 14692.
7. Website Changes – At this point, Digital Towpath and North Shore Solutions are possibilities for website companies we could contract with. Supervisor Singer will get information from the company Ontario County will be contracting with.
8. Stop Sign Assessment Study- Councilman O’Connor indicated Mr. Glenn Thornton is still crunching numbers for the final report. Some of the information Mr. Thornton received from Ontario County shows there have been no accidents at the three intersections in recent years.
I. NEW BUSINESS:
1. Resolution Number 61 of 2011 – Authorization To Execute An Agreement With Ontario County For Dog Control Services
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, It has been determined by this Board that it is in the best interest of the Town to contract with Ontario County for dog control services; and
WHEREAS, This Board agrees to the terms set forth in the contract provided by Ontario County for the year 2012; 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 the Clerk of this Board send three signed copies of this agreement along with a certified copy of this resolution to Karen DeMay, Clerk of the Ontario County Board of Supervisors; and, be it further
RESOLVED, That upon the signing of said agreement by the duly authorized Ontario County representative and approval of the Office of the Ontario County Attorney, one copy of said agreement shall be returned to the Canadice Town Clerk for filing.
2. Resolution Number 62 of 2011 – Appointment Of Stephanie Cook As Alternate Member To The Town Zoning Board Of Appeals
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 Zoning Board of Appeals is desirous to fill the vacant position of alternate member; and
WHEREAS, Ms. Cook has indicated that she would like to accept the appointment to said vacancy; and
WHEREAS, The Zoning Board of Appeals has recommended the appointment of Ms. Stephanie Cook to said Board as an alternate member; and
WHEREAS, This Board after due deliberation agrees that Ms. Cook will be an asset to the Zoning Board of Appeals and is pleased that Ms. Cook wishes to be appointed to said board; now, therefore, be it
RESOLVED, That this Board does hereby appoint Ms. Stephanie Cook as alternate member to the Town of Canadice Zoning Board of Appeals commencing immediately and terminating on December 31, 2015; and, be it further
RESOLVED, That the Clerk of this board send certified copies of this resolution to Ms. Cook, the Secretary of the Zoning Board of Appeals and retain a copy in the Town records.
3. Approval of the Bills –
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried that the bills are to be paid in the following amounts:
ABSTRACT #11
General Account Voucher #291 to #329 $ 36,173.55, $35,935.82 corrected
Highway Account Voucher #166 to #177 $ 49,096.64
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
J. PRIVILEGE OF THE FLOOR:
1. Posted on our bulletin board is a flyer for “Iceland- Land of Fire and Ice”; a presentation Tuesday December 6, 2011 at the FLCC Mueller Field Station on County Road 36. Reservations for any of the presentations may be made by calling 785-1257.
2. Mr. Mayhood was asked to inquire if there is a possibility of constructing a bike/walking lane over the area where the water line will be on County Road 36. Supervisor Singer indicated the contract does not allow for that. It would be an Ontario County decision to make. Councilman Hershey mentioned transportation grants address that in some cases.
3. Councilman O’Connor asked if any natural gas companies are interested in installing a line while the water line is constructed. Supervisor Singer indicated National Fuel is interested, but getting around the red tape for the costs involved has been a challenge since no gas company was designated for this area.
K. EXECUTIVE SESSION:
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to adjourn to executive session to discuss a personnel issue at 8:53 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to close executive session and resume the regular meeting at 8:56 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
L. ADJOURNMENT:
Councilman Hershey motioned, Councilman O’Connor seconded, and it was unanimously carried to adjourn the meeting at 8:57 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 November 14, 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: Eleven (11) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. a. Approval of October 10, 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 October 10, 2011 Regular Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
With the following correction: Heading date should read October 10, 2011.
B. PUBLIC HEARING -Proposed Fire Protection and Ambulance Service Contracts.
Supervisor Singer opened the public hearing regarding the proposed fire protection and ambulance
service contracts. The term is for one year at a 2% increase. No one had any comments or
questions.
Councilman Hershey motioned, Councilman O’Connor seconded, and it was unanimously carried to close the public hearing.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
C. PUBLIC HEARING - Local Law No. 1 (intro) of 2011 to Override The Tax Cap Levy Limit
established in General Municipal Law §3-c.
Supervisor Singer opened the public hearing regarding Local Law No. 1. The proposed 2012 budget is not over the 2% tax cap levy limit. The law to override the limit is to protect the town from any possible errors or corrections that would result in penalties. Councilman Virgil asked if other municipalities were passing the override law. Supervisor Singer indicated they are and Ontario County has also.
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to close the public hearing.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
D. PUBLIC HEARING - Proposed 2012 Canadice Town Budget.
*Supervisor Singer opened the public hearing regarding the 2012 proposed budget.
*Mr. Patrick Kuter spoke in support of Mr. Steve Zeh. Mr. Kuter feels Mr. Zeh goes above and beyond in his position as Deputy Highway Superintendent and should have a better stipend. Mr. Kuter had spoken on behalf of the Highway Superintendent Bruce Longbine previously and currently wants to make sure Mr. Zeh gets something for all the extra work he does. Supervisor Singer indicated the Deputy Highway Superintendent line does include a 2% increase. After further discussion, the Board did not feel at this time the 2% increase in the budget should be changed.
*Mr. Terry Gronwall asked for a brief overview of the budget. Supervisor Singer indicated the major increases in the budget are for Blue Cross/Blue Shield and NYS retirement. The town tax rate last year was a total of $2.694. (The town tax rate of $2.57 plus Workers Compensation Levy Rate of $.124 added together). Those two line items are combined in the 2012 proposed budget for a total of $2.71 and $.695 for the fire protection rate.
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to close the public hearing.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
E. PRIVILEGE OF THE FLOOR:
1. Mr. Michael Schaffron from LaBella Associates P.C. indicated they had received a letter from the NYS Historic Preservation Office requesting information. Packets for Lead Agency Status will go out this week. At the January meeting if we have heard back from the Comptroller, we can set the Public Hearing for the Bond Resolution.
2. Ms. Erica Crane of S Old Bald Hill Road addressed the Board regarding noise issues in her neighborhood. Ms. Crane tried talking to the neighbor, called the sheriff’s office three times and nothing seems to help. The Board was sympathetic to Ms. Crane’s situation, but a local law can not be recommended based on a complaint from one property owner. Supervisor Singer indicated a petition with approximately 25 to 30 signatures (5% of the voters from the last gubernatorial election) from a cross section of the whole town would need to be submitted in order for the Board to consider drafting a local law regulating noise issues. Ms. Crane felt she could provide a petition and thanked the Board for their time.
F. COMMUNICATIONS:
Note: Communications are filed with the Town Clerk. Discussion on any item may be called for by any Member of this Board.
G. REPORTS:
1. Town Clerk/Tax Collector- Mrs. Eileen Schaefer.
a. The financial report for the Town Clerk/Tax Collector for the month of October was submitted (see T. C. file).
Councilman O’Connor motioned, Councilman Durkee 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 October was submitted (see T. C. file).
b. Mr. Erhart’s unsafe structure has been removed.
4. Planning Board- Mr. Theodore Mayhood.
a. The October draft minutes were submitted (see T.C. file).
b. Still looking for new members.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. No report.
6. Highway Superintendent- Mr. Bruce Longbine.
a. CHIPS check should be issued in December.
b. The equipment inventory list was passed out for reference purposes.
7. Honeoye Lake Watershed Research Taskforce Liaison- Councilman Hershey.
a. No report.
8. Assessor- Ms. Valary Muscarella.
a. The written report for the month of October was submitted (see T. C. file).
9. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of October 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 A5132.4 $ 1,821.31 Expenditures greater than budgeted amount.
DA5130.2 DA5112.21 $ 1,602.55 Expenditures greater than budgeted amount.
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the transfers.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
c. Resolution Number 53 of 2011 – Budget Modifications
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 total budgeted amount in both funds, General (A) and Highway (DA), is sufficient for the amounts billed for the Town's contribution to the New York State Retirement System; and
WHEREAS, The amount in the General Fund (A) exceeds the contribution required from that fund; and
WHEREAS, There exists a shortage in the Highway (DA) fund to meet the required fund contribution; now, therefore, be it
RESOLVED, That this Board directs the Budget Officer to make the following 2011 budget modifications:
Decrease A9010.8, State Retirement by $2,990.14
Increase A9901.9, Transfers to other Funds by $2,990.14
Increase DA9010.8, State Retirement by $2,990.14
Increase DA5031, Inter-fund Transfers by $2,990.14
H. UNFINISHED BUSINESS:
1. Resolution Number 54 of 2011 – Authorization To Execute One Year Fire Protection & Ambulance Service Agreements
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, The Town of Canadice Currently contracts with the Richmond Fire District, the Springwater Fire District and the Hemlock Fire District for fire protection and ambulance service within the Towns fire protection district as set forth in executed agreements between the Town and said districts: and
WHEREAS, Said agreements will expire on December 31, 2011; and
WHEREAS, This Board wishes to renew said agreements for one year commencing January 1, 2012 and terminating on December 31, 2012; now therefore, be it
RESOLVED, That this Board is hereby authorized to execute the fire and ambulance protection agreements, with the above mentioned Fire Districts, under the terms set forth in the attached documents; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution along with two signed copies of each agreement to the respective Fire Districts to be signed by their Commissioners, one copy to be retained by the District, the other to be returned to the Town Clerk of the Town of Canadice.
2. Resolution Number 55 of 2011 – Adoption Of Local Law Number 1 (intro) of 2011 Entitled A Local Law To Override The Tax Levy Limit Established In General Municipal Law 3-c
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, A Public Hearing was duly held at the Canadice Town Hall on the 14th day of November, 2011 at 7:30 pm, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof; and
WHEREAS, The Town Board of the Town of Canadice, after due deliberation, finds it in the best interest of the Town to adopt said Local Law; and
WHEREAS, It is necessary to keep all local laws, as finally adopted, numbered consecutively in the year of their filing in the Office of the Secretary of State; now, therefore, be it
RESOLVED, That this Board adopts said Local Law Number 1(Intro) of 2011 as Local Law Number 1 of 2011 entitled: A Local Law to Override the Tax Levy Limit Established in General Municipal Law Section 3-c; and, be it further
RESOLVED, That the Clerk of this Board is hereby directed to file a copy of Local Law Number 1 of 2011 along with a certified copy of this resolution with the Secretary of State, and send a copy of this resolution and Local law Number 1 of 2011 to General Code Publishers for reference.
3. Resolution Number 56 of 2011 – Opposition To The 2% Tax Cap
Supervisor Singer indicated the opposition is in part due to the lack of mandate relief that is not included with the tax cap.
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, New York State recently enacted legislation known as the 2% Tax Cap, and
WHEREAS, This legislation has far reaching serious implications on local municipalities, and
WHEREAS, Said legislation, in particular, has a negative effect on the budgets of local municipalities, and
WHEREAS, Said legislation greatly lessens the power and authority of local municipalities, and
WHEREAS, The contents of this law are ambiguous with many different interpretations causing confusion in understanding this legislation, and
WHEREAS, The legislation fails to address the costs of providing services that are beyond the control of local governments, including state mandated services; now, therefore, be it
RESOLVED, That the Town Board of Canadice opposes and expresses deep disappointment and concern over the enactment of the 2% Tax Cap; and, be it further
RESOLVED, The Clerk of this Board provide a copy of this resolution to Governor Andrew Cuomo, Senator Patrick Gallivan and Assemblyman Sean Hanna.
4. Water District Update
a. Resolution Number 57 of 2011 - Intent To Declare Lead Agency Status For SEQR Regarding The Formation Of Canadice Water District #1
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
RESOLVED, That in accordance with the New York State Environmental Quality Review (SEQR) regulations, the Town Board of the Town of Canadice hereby announces its intent to serve as Lead Agency to conduct an environmental review of public water supply improvements to serve residents along the west shore of Honeoye Lake. The project consists of the installation of approximately 34,500 linear feet of water main along portions of West Lake Road, as well as local roads and easements in lake shore communities, a 160,000 gallon water storage tank and access road, 1,000 linear feet of transmission main connecting the tank to the distribution system, and a pump station. The Town of Canadice will create Water District No. 1 to provide public water within the service area.
FURTHER RESOLVED, The Town Board has determined that the proposed action is a Type I action as defined under SEQR, as the action requires approval of plans by the NYS Department of Health; and, be it
FURTHER RESOLVED, That the Town Board hereby accepts the Environmental Assessment of this project, prepared by LaBella Associates, and, be it
FURTHER RESOLVED, The Town Board will notify the Involved Agencies of its intention to act as Lead Agency for this project and will provide them with a copy of Part 1 of the full Environmental Assessment Form. The Town Board plans to make a Determination of Significance for the project after the 30-day comment period has elapsed.
b. Resolution Number 58 of 2011 – Regarding The Formation Of The West Lake Road/County Road 36 Water District (A/K/A “Water District #1”) And Applying For Permission Of The NYS Office Of The State Comptroller To Establish Said District
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to approve the resolution as submitted.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to approve the amendment to the resolution correcting County Rte 36 to County Road 36 and added the second WHEREAS.
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 the attached application for approval was prepared at the direction of the governing board; and
WHEREAS, The Town Board believes the contents of the application to be accurate; and
WHEREAS, The Town Board has determined that the water district for which permission is sought is in the public interest and will not contribute an undue burden on the properties which will bear the cost thereof; and
WHEREAS, All real property that will be assessed against to bear the cost of the proposed district will be benefited by the proposed improvements, and that no benefited property has been excluded from the water district; now, therefore, be it
RESOLVED, That the Town Board hereby directs that the application seeking permission of the New York State Comptroller to establish the water district be submitted for review and approval.
5. Resolution Number 59 of 2011-Adoption Of The 2012 Canadice Town Budget
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, Budget estimates and request forms were given to Town officials during August 2011 by the Budget Officer, and
WHEREAS, Upon receipt of said forms the Budget Officer prepared a Tentative Budget for 2012 and submitted same to the Town Clerk and Board members; and
WHEREAS, A duly advertised budget workshop was held to discuss the Tentative Budget on September 28, 2011; and
WHEREAS, After said workshop the Budget Officer prepared and submitted the Preliminary Budget for 2012 to the Town Clerk and Board Members; and
WHEREAS, A duly advertised Public Hearing was held on November 14, 2011 to receive comments pertaining to the 2012 Preliminary Budget; now, therefore, be it
RESOLVED, That this Board does approve of and adopt the 2012 Preliminary Budget as amended per the Public Hearing as the Town Budget for 2012; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution along with two certified copies of the adopted budget to Ms. Karen DeMay, Clerk, Ontario County Board of Supervisors.
6. Resolution Number 60 of 2011 – Authorization To Execute A Contract Agreement With The International Union Of Operating Engineers Local Union 832S, AFL-CIO
Supervisor Singer indicated the tentative agreement for the contract is 0% in 2012, 1% in 2013 and in 2014 it will be based on the cost of living with a minimum of 1% and maximum of 2.5%. Councilman O’Connor mentioned as an FYI that he spoke with a new employee in Richmond and indicated they have a step-up clause for new-hires.
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 agreed to enter into negotiations with the International Union of Operating Engineers Local Union 832S, AFL-CIO as representatives for the Heavy Motor Equipment Operators employed by the Town of Canadice; and
WHEREAS, A contract was agreed upon and approved covering the years 2009, 2010 and 2011 with Resolution 60 of 2008; and
WHEREAS, Representatives from the Town and the Union have met and agreed to the terms set forth in the attached agreement to be effective until December 31, 2014; and
WHEREAS, The negotiating team has tentatively agreed to the terms set forth in the proposed agreement and recommends its approval; now, therefore, be it
RESOLVED, That this Board does hereby approve said agreement and authorizes the Supervisor to execute same on behalf of the Town of Canadice upon receipt of the attorney's approval; now therefore, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to Jim Glather, Representative, International Union of Operating Engineers Local Union 832S, AFL-CIO at PO Box 93310, Rochester, NY 14692.
7. Website Changes – At this point, Digital Towpath and North Shore Solutions are possibilities for website companies we could contract with. Supervisor Singer will get information from the company Ontario County will be contracting with.
8. Stop Sign Assessment Study- Councilman O’Connor indicated Mr. Glenn Thornton is still crunching numbers for the final report. Some of the information Mr. Thornton received from Ontario County shows there have been no accidents at the three intersections in recent years.
I. NEW BUSINESS:
1. Resolution Number 61 of 2011 – Authorization To Execute An Agreement With Ontario County For Dog Control Services
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, It has been determined by this Board that it is in the best interest of the Town to contract with Ontario County for dog control services; and
WHEREAS, This Board agrees to the terms set forth in the contract provided by Ontario County for the year 2012; 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 the Clerk of this Board send three signed copies of this agreement along with a certified copy of this resolution to Karen DeMay, Clerk of the Ontario County Board of Supervisors; and, be it further
RESOLVED, That upon the signing of said agreement by the duly authorized Ontario County representative and approval of the Office of the Ontario County Attorney, one copy of said agreement shall be returned to the Canadice Town Clerk for filing.
2. Resolution Number 62 of 2011 – Appointment Of Stephanie Cook As Alternate Member To The Town Zoning Board Of Appeals
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 Zoning Board of Appeals is desirous to fill the vacant position of alternate member; and
WHEREAS, Ms. Cook has indicated that she would like to accept the appointment to said vacancy; and
WHEREAS, The Zoning Board of Appeals has recommended the appointment of Ms. Stephanie Cook to said Board as an alternate member; and
WHEREAS, This Board after due deliberation agrees that Ms. Cook will be an asset to the Zoning Board of Appeals and is pleased that Ms. Cook wishes to be appointed to said board; now, therefore, be it
RESOLVED, That this Board does hereby appoint Ms. Stephanie Cook as alternate member to the Town of Canadice Zoning Board of Appeals commencing immediately and terminating on December 31, 2015; and, be it further
RESOLVED, That the Clerk of this board send certified copies of this resolution to Ms. Cook, the Secretary of the Zoning Board of Appeals and retain a copy in the Town records.
3. Approval of the Bills –
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried that the bills are to be paid in the following amounts:
ABSTRACT #11
General Account Voucher #291 to #329 $ 36,173.55, $35,935.82 corrected
Highway Account Voucher #166 to #177 $ 49,096.64
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
J. PRIVILEGE OF THE FLOOR:
1. Posted on our bulletin board is a flyer for “Iceland- Land of Fire and Ice”; a presentation Tuesday December 6, 2011 at the FLCC Mueller Field Station on County Road 36. Reservations for any of the presentations may be made by calling 785-1257.
2. Mr. Mayhood was asked to inquire if there is a possibility of constructing a bike/walking lane over the area where the water line will be on County Road 36. Supervisor Singer indicated the contract does not allow for that. It would be an Ontario County decision to make. Councilman Hershey mentioned transportation grants address that in some cases.
3. Councilman O’Connor asked if any natural gas companies are interested in installing a line while the water line is constructed. Supervisor Singer indicated National Fuel is interested, but getting around the red tape for the costs involved has been a challenge since no gas company was designated for this area.
K. EXECUTIVE SESSION:
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to adjourn to executive session to discuss a personnel issue at 8:53 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to close executive session and resume the regular meeting at 8:56 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
L. ADJOURNMENT:
Councilman Hershey motioned, Councilman O’Connor seconded, and it was unanimously carried to adjourn the meeting at 8:57 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Respectfully submitted, ___________________________ Eileen Schaefer, Town Clerk