August 2011 Meeting
A. CONVOCATION:
1. The Canadice Town Board Meeting was held on August 8, 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: Three (3) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. Approval of July 11, 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 July 11, 2011 Regular Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
B. PRIVILEGE OF THE FLOOR: There was no one to be heard.
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 July was submitted (see T. C. file).
Councilman Durkee motioned, Councilman Virgil 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 July was submitted (see T. C. file).
4. Planning Board- Mr. Theodore Mayhood.
a. The July draft minutes were submitted (see T.C. file).
b. We are still looking for two new members; one regular and one alternate.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. No report.
6. Highway Superintendent- Mr. Bruce Longbine.
a. Finishing up on Luckenbach Hill Rd and mowing.
7. Honeoye Lake Watershed Research Taskforce Liaison- Councilman Hershey.
a. We are forming a committee to prioritize and look at possible fixes for the streams we have walked. Also we were awarded grant funds to work on Affolter and Cratsley gulleys.
8. Assessor- Ms. Valary Muscarella.
a. The written report for the month of July was submitted (see T. C. file).
9. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of July 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. Resolution Number 41 of 2011- Budget Modification
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 Budget Officer has received revenue from the sale of equipment; and
WHEREAS, The equipment purchase plan takes into consideration the receipt of such funds as a revenue source when making the equipment purchases; and
WHEREAS, The sale of equipment did not meet budget projections; now, therefore, be it
RESOLVED, That this Board directs the Budget Officer to make the following 2011 budget modifications:
Increase DA2665, Equipment Sale by $40,000.00
Increase DA5130.2, Machinery, Equipment by $32,700.00
Increase DA5112.21, Permanent Improvements-Fuel by $7,300.00
E. UNFINISHED BUSINESS:
1. Town Shed Repairs- A windowless door was chosen after a brief discussion.
2. Snow & Ice Control Liquid Treatment and Storage- Not deciding on the agreement until we sort through the 2012 budget.
3. Stop Sign Replacement Review-
After A Brief Discussion, Councilman Durkee Motioned, Councilman O’Connor Seconded, And It Was Carried To Accept The Motion To Contract With Thornton Engineering LLP For Engineering Services; Intersection Evaluation And Recommendations Per The Contract Submitted For; 1) Burch Hill Rd & Canadice Lake Rd; 2) Canadice Lake Rd & Purcell Hill Rd; 3) Middle Rd & Burch Hill Rd.
Councilman Durkee motioned, Councilman O’Connor seconded, and it was carried to approve the motion.
APPROVED Ayes 4 Singer, Virgil, Durkee, O’Connor
Nays 1 Hershey
4. Water District Proposal Vote Reminder- 8/20; 8:00 am until 4:00 pm at the Town Hall.
F. NEW BUSINESS:
1. Updated Equipment Replacement Schedule-
a. Resolution Number 42 of 2011 – Acceptance Of Proposal
Councilman Hershey 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, This Board established an Equipment Purchase & Replacement Schedule in order to maintain the efficient and cost effective operation of the Canadice Highway Department; and
WHEREAS, Highway Superintendent Bruce Longbine solicited quotes for the purchase of a roller; and
WHEREAS, This Board has accepted the proposal from Milton Cat for the purchase of said roller for a net price of $73,125 after rental payments have been applied; and
WHEREAS, Real Lease has provided a proposal for the funding of the equipment that remains within our budgetary guidelines; and
WHEREAS, This Board has reviewed the proposals and agrees with the proposal Option #1 consisting of four (4) annual payments in the amount of $19,649.15; now, therefore, be it
RESOLVED, This Board authorizes the Supervisor to execute the proposal acceptance with Real Lease to fund the purchase of said equipment; and, be it further
RESOLVED, That the Clerk of this Board send a copy of this resolution to Bruce Longbine, Highway Superintendent and Real Lease with the executed acceptance and retain a copy of each for the Town.
b. Resolution Number 43 of 2011 – Authorizing The Execution And Delivery Of Lease Purchase Agreement And Related Instruments With Real Lease, Inc., And Determining Other Matters In Connection Therewith
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 governing body of the Town of Canadice (“Lessee”) a body of politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of New York, is authorized by the laws of the State of New York to purchase, acquire and lease personal property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, The Lessee desires to purchase, acquire and lease certain equipment constituting personal property necessary for the Lessee to perform essential governmental functions; and
WHEREAS, In order to acquire such equipment, the Lessee proposes to enter into that certain Equipment Lease-Purchase Agreement (the "Agreement") with Real Lease, Inc. (the "Lessor"), the form of which has been presented to the governing body of the Lessee at this meeting; and
WHEREAS, The governing body of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement for the purchase, acquisition and leasing of the equipment therein described on the terms and conditions therein provided; now, therefore, be it
RESOLVED, By the governing body of Lessee as follows:
Section 1. Approval of Documents. The form, terms and provisions of the Agreement are hereby approved in substantially the form presented at this meeting, with such insertions, omissions and changes as shall be approved by counsel of the Lessee or other members of the governing body of the Lessee executing the same, the execution of such documents being conclusive evidence of such approval; and the Supervisor of the Lessee is hereby authorized and directed to execute, and the Town Clerk of the Lessee is hereby authorized and directed to attest and countersign the Agreement and affix the seal of the Lessee to such documents.
Section 2. Other Actions Authorized. The proper officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement.
Section 3. No General Liability. Nothing contained in this Resolution, the Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against it taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under the Agreement are special limited obligations of the Lessee as provided in the Agreement.
Section 4. Section 265(b)(3) Designation. Lessee hereby designates the Agreement as a "qualified tax-exempt obligation" for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Lessee further represents that Lessee reasonably anticipates that Lessee and other entities that Lessee controls will not issue tax-exempt obligations (including the Agreement) that exceed the aggregate principal amount of $10,000,000 during the calendar year in which the Agreement is executed and delivered.
Section 5. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 6. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.
Section 7. Effective Date. This Resolution shall be effective upon adoption by the governing body of the Lessee and approval of the attorney for the Lessee of the Resolution, Agreement and related documents.
2. Fire Contract Renewals- Supervisor Singer is sending out letters to propose we keep the current contract rates through 2012 so we have a chance to sort through the tax cap legislation.
3. Approval of the Bills –
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried that the bills are to be paid in the following amounts:
ABSTRACT #8
General Account Voucher #209 to #233 $ 10,319.66
Highway Account Voucher #116 to #128 $ 26,148.36
Richmond Fire District Voucher #02 $ 2,664.99
Hemlock Fire District Voucher #002 $ 854.81
Springwater Fire District Voucher #0002 $ 1,508.49
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
G. PRIVILEGE OF THE FLOOR:
1. Supervisor Singer indicated the Town Board would review and discuss the updates to the Comprehensive Plan at the next meeting.
H. ADJOURNMENT TO EXECUTIVE SESSION:
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to adjourn to executive session to discuss labor contract negotiations at 8:06 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to adjourn to the regular meeting at 8:22 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
I. ADJOURNMENT:
Councilman Virgil motioned, Councilman O’Connor seconded, and it was unanimously carried to adjourn the meeting at 8:23 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 August 8, 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: Three (3) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. Approval of July 11, 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 July 11, 2011 Regular Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
B. PRIVILEGE OF THE FLOOR: There was no one to be heard.
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 July was submitted (see T. C. file).
Councilman Durkee motioned, Councilman Virgil 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 July was submitted (see T. C. file).
4. Planning Board- Mr. Theodore Mayhood.
a. The July draft minutes were submitted (see T.C. file).
b. We are still looking for two new members; one regular and one alternate.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. No report.
6. Highway Superintendent- Mr. Bruce Longbine.
a. Finishing up on Luckenbach Hill Rd and mowing.
7. Honeoye Lake Watershed Research Taskforce Liaison- Councilman Hershey.
a. We are forming a committee to prioritize and look at possible fixes for the streams we have walked. Also we were awarded grant funds to work on Affolter and Cratsley gulleys.
8. Assessor- Ms. Valary Muscarella.
a. The written report for the month of July was submitted (see T. C. file).
9. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of July 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. Resolution Number 41 of 2011- Budget Modification
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 Budget Officer has received revenue from the sale of equipment; and
WHEREAS, The equipment purchase plan takes into consideration the receipt of such funds as a revenue source when making the equipment purchases; and
WHEREAS, The sale of equipment did not meet budget projections; now, therefore, be it
RESOLVED, That this Board directs the Budget Officer to make the following 2011 budget modifications:
Increase DA2665, Equipment Sale by $40,000.00
Increase DA5130.2, Machinery, Equipment by $32,700.00
Increase DA5112.21, Permanent Improvements-Fuel by $7,300.00
E. UNFINISHED BUSINESS:
1. Town Shed Repairs- A windowless door was chosen after a brief discussion.
2. Snow & Ice Control Liquid Treatment and Storage- Not deciding on the agreement until we sort through the 2012 budget.
3. Stop Sign Replacement Review-
After A Brief Discussion, Councilman Durkee Motioned, Councilman O’Connor Seconded, And It Was Carried To Accept The Motion To Contract With Thornton Engineering LLP For Engineering Services; Intersection Evaluation And Recommendations Per The Contract Submitted For; 1) Burch Hill Rd & Canadice Lake Rd; 2) Canadice Lake Rd & Purcell Hill Rd; 3) Middle Rd & Burch Hill Rd.
Councilman Durkee motioned, Councilman O’Connor seconded, and it was carried to approve the motion.
APPROVED Ayes 4 Singer, Virgil, Durkee, O’Connor
Nays 1 Hershey
4. Water District Proposal Vote Reminder- 8/20; 8:00 am until 4:00 pm at the Town Hall.
F. NEW BUSINESS:
1. Updated Equipment Replacement Schedule-
a. Resolution Number 42 of 2011 – Acceptance Of Proposal
Councilman Hershey 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, This Board established an Equipment Purchase & Replacement Schedule in order to maintain the efficient and cost effective operation of the Canadice Highway Department; and
WHEREAS, Highway Superintendent Bruce Longbine solicited quotes for the purchase of a roller; and
WHEREAS, This Board has accepted the proposal from Milton Cat for the purchase of said roller for a net price of $73,125 after rental payments have been applied; and
WHEREAS, Real Lease has provided a proposal for the funding of the equipment that remains within our budgetary guidelines; and
WHEREAS, This Board has reviewed the proposals and agrees with the proposal Option #1 consisting of four (4) annual payments in the amount of $19,649.15; now, therefore, be it
RESOLVED, This Board authorizes the Supervisor to execute the proposal acceptance with Real Lease to fund the purchase of said equipment; and, be it further
RESOLVED, That the Clerk of this Board send a copy of this resolution to Bruce Longbine, Highway Superintendent and Real Lease with the executed acceptance and retain a copy of each for the Town.
b. Resolution Number 43 of 2011 – Authorizing The Execution And Delivery Of Lease Purchase Agreement And Related Instruments With Real Lease, Inc., And Determining Other Matters In Connection Therewith
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 governing body of the Town of Canadice (“Lessee”) a body of politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of New York, is authorized by the laws of the State of New York to purchase, acquire and lease personal property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, The Lessee desires to purchase, acquire and lease certain equipment constituting personal property necessary for the Lessee to perform essential governmental functions; and
WHEREAS, In order to acquire such equipment, the Lessee proposes to enter into that certain Equipment Lease-Purchase Agreement (the "Agreement") with Real Lease, Inc. (the "Lessor"), the form of which has been presented to the governing body of the Lessee at this meeting; and
WHEREAS, The governing body of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement for the purchase, acquisition and leasing of the equipment therein described on the terms and conditions therein provided; now, therefore, be it
RESOLVED, By the governing body of Lessee as follows:
Section 1. Approval of Documents. The form, terms and provisions of the Agreement are hereby approved in substantially the form presented at this meeting, with such insertions, omissions and changes as shall be approved by counsel of the Lessee or other members of the governing body of the Lessee executing the same, the execution of such documents being conclusive evidence of such approval; and the Supervisor of the Lessee is hereby authorized and directed to execute, and the Town Clerk of the Lessee is hereby authorized and directed to attest and countersign the Agreement and affix the seal of the Lessee to such documents.
Section 2. Other Actions Authorized. The proper officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement.
Section 3. No General Liability. Nothing contained in this Resolution, the Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against it taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under the Agreement are special limited obligations of the Lessee as provided in the Agreement.
Section 4. Section 265(b)(3) Designation. Lessee hereby designates the Agreement as a "qualified tax-exempt obligation" for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Lessee further represents that Lessee reasonably anticipates that Lessee and other entities that Lessee controls will not issue tax-exempt obligations (including the Agreement) that exceed the aggregate principal amount of $10,000,000 during the calendar year in which the Agreement is executed and delivered.
Section 5. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 6. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.
Section 7. Effective Date. This Resolution shall be effective upon adoption by the governing body of the Lessee and approval of the attorney for the Lessee of the Resolution, Agreement and related documents.
2. Fire Contract Renewals- Supervisor Singer is sending out letters to propose we keep the current contract rates through 2012 so we have a chance to sort through the tax cap legislation.
3. Approval of the Bills –
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried that the bills are to be paid in the following amounts:
ABSTRACT #8
General Account Voucher #209 to #233 $ 10,319.66
Highway Account Voucher #116 to #128 $ 26,148.36
Richmond Fire District Voucher #02 $ 2,664.99
Hemlock Fire District Voucher #002 $ 854.81
Springwater Fire District Voucher #0002 $ 1,508.49
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
G. PRIVILEGE OF THE FLOOR:
1. Supervisor Singer indicated the Town Board would review and discuss the updates to the Comprehensive Plan at the next meeting.
H. ADJOURNMENT TO EXECUTIVE SESSION:
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to adjourn to executive session to discuss labor contract negotiations at 8:06 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to adjourn to the regular meeting at 8:22 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
I. ADJOURNMENT:
Councilman Virgil motioned, Councilman O’Connor seconded, and it was unanimously carried to adjourn the meeting at 8:23 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Respectfully submitted, ___________________________ Eileen Schaefer, Town Clerk