A. CONVOCATION:
1. The Canadice Town Board Meeting was held on January 9, 2012 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: Sixteen (16) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. Approval of December 12, 2011 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 December 12, 2011 Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
With the following corrections:
Pg 2 last paragraph “has been” repeated.
Pg 3 State of Wyoming not Wyoming County.
B. ORGANIZATIONAL MEETING:
1. Review Organizational Items
a. Time And Place For Regular Town Board Meetings:
Second Monday each month at 7:30 pm
Canadice Town Hall, 5949 County Rd #37
b. Official Newspapers:
Daily Messenger, Canandaigua, NY
c. Official Bank:
Supervisor- Canandaigua National Bank
Town Clerk/Tax Collector- Canandaigua National Bank
Town Justices- Canandaigua National Bank
d. Alternate Person Authorized To Sign Town Checks:
Supervisor- Councilman Michael Virgil
Town Clerk/Tax Collector- Diane Horning
Town Justices- None
e. Appointments By The Town Board:
Attorney for the Town-TBD
Alternate Attorney for the Town- TBD
Registrar of Vital Statistics- Eileen Schaefer
Health Officer- Michael Hutton
Dog Control Officer- Ontario County Humane Society
Code Enforcement Officer- Robert Best
Deputy Code Enforcement Officer- Vacant
Records Management Officer- Eileen Schaefer
Planning Board Chairperson- Theodore Mayhood
Zoning Board of Appeals Chairperson- Linda Moorhouse
Assessment Review Board Chairperson- Chosen by BAR each year
Representative to County Planning Board- Stephen Groet
Representative to Honeoye Lake Watershed Taskforce– Bill Hershey
f. Appointments To Be Made By Town Officers:
1. By Supervisor:
Deputy Supervisor- Councilman Michael Virgil
Historian- Margaret Bott
Deputy Historian- David Bott
Budget Officer- Kristine Singer
Confidential Secretary to the Supervisor- Valary Muscarella
2. By Town Clerk/Tax Collector:
Deputy Town Clerk- Diane Horning
Deputy Tax Collector- Diane Horning
Deputy Records Management Officer- Valary Muscarella
3. By Highway Superintendent:
Deputy Highway Superintendent- Steven Zeh
4. By Registrar of Vital Statistics:
Deputy Registrar- Diane Horning
g. Petty Cash Funds:
Town Clerk- $100.00
Chairman Planning Board- $50.00
Tax Collector- $50.00
Town Justices- $200.00
h. Procedure For Paying Bills:
Upon approval of warrant by majority of the Town Board; except for payroll, utility bills, and monthly operating expenses to avoid assessment of late fees which may be paid as presented.
i. Mileage:
For Official Town Business- Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to approve $.50 cents per mile as the mileage rate for 2012.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
j. Salary Schedule- (As established by the adoption of the 2012 Budget)
Four Councilpersons $2,371.00 each per year
$9,484.00 total
Two Justices $7,956.00 each per year
$15,912.00 total
Supervisor $11,676.00 annual
Highway Superintendent $50,562.00 annual
Deputy Highway Superintendent $3,430.00 annual
Machine Equipment Operator Heavy $22.50 per hour
Machine Equipment Operator Light $16.54 per hour
Laborer $9.00 per hour
Budget Officer $1,697.00 annual
Town Clerk/Tax Collector $25,150.00 annual
Registrar of Vital Statistics $345.00 annual
Deputy Town Clerk/Tax Collector $1,698.00 annual
Confidential Secretary To The Supervisor $17,464 annual
Appointed Assessor $20,519.00 annual
Code Enforcement Officer $15,846.00 annual
Deputy CEO $15.00 per hour
Town Historian Personnel $754.00 annual total
Court Clerk $14.48 per hour
Cleaner $15.15 per hour
Grounds Keeper $15.15 per hour
Cleaner (additional) $12.02 per hour
Planning Board Members $30.00 per meeting attended
Planning Board Chairperson $200.00 stipend in addition to above
Planning Board Secretary $75.00 per meeting attended
Zoning Appeals Board Members $25.00 per meeting attended
Zoning Appeals Board Chairperson $200.00 stipend in addition to above
Zoning Appeals Board Secretary $75.00 per meeting attended
Board of Assessment Review $8.50 per hour
Health Officer $0
2. Resolution Number 1 of 2012 – Approval of Organizational Meeting Items
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 Organizational Meeting of the Town of Canadice was held on January 9, 2012; and
WHEREAS, All items were presented to the Town Board for their consideration; now, therefore, be it
RESOLVED, That this Board does hereby approve of and adopts those items placed before it at said meeting; and, be it further
RESOLVED, That the Clerk of this Board enter all said items along with a copy of this resolution in the official minutes of this Board.
3. Resolution Number 2 of 2012 – Adoption Of Rules Of Procedure And Order
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, Section 63 of the Town Law provides that the Town Board may determine the rules of its procedure; and
WHEREAS, This Board adopted Rules of Procedure and Order as defined in Chapter 14, Meetings and Public Hearings, of the Canadice Municipal Code with the adoption of said code September 9, 1996; and
WHEREAS, This Board annually reviews said policy; and
WHEREAS, This Board after due deliberation agrees the following additional rules are adopted by this resolution for the year 2012:
1. Every resolution or motion must be seconded before being put to vote by the Supervisor, and all resolutions or motions shall be recorded in their entirety in the official minutes of the Town Board.
2. The Supervisor may offer or second a resolution or a motion and need not relinquish the chair for such purpose.
3. No motion or resolution may be brought to a vote except by the majority consent of those present, unless typewritten copies are presented to each member of the Board 48 hours prior to the opening of the meeting at which such motion or resolution is offered.
4. No motion shall be made to offer any amendment to an amendment already before the Board on any proposition.
5. No member of the public shall engage in any demonstration, booking, hand clapping or otherwise disrupt the formality of a Town Board Meeting.
6. Any person speaking to the Town Board, with the consent of the Supervisor, shall address their remarks to the Town Board, not to other members of the audience in the form of a debate.
7. A majority vote of all members of the Board shall be required to suspend these rules of order. A majority of the Board shall constitute a quorum.
8. If the above stated rules are or become at any time in conflict with the statutory law, the statutory law shall take precedence.
now, therefore, be it
RESOLVED That the preceding Rules of Procedure and Order be and are hereby adopted for the year 2012 pursuant to Section 63 of the Town Law; and, be it further
RESOLVED, That the Clerk of this Board send certified copies of this resolution to the Board Members, Highway Superintendent and retain a copy for the official records.
4. Resolution Number 3 of 2012 – Review Of Procurement Policy
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, Section 104-b of the General Municipal Law (GML) requires every town to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirement of GML, Section 103 or any other law; and
WHEREAS, This Board adopted a Procurement Policy April 13, 1992 which is defined in Chapter 21 of the Canadice Municipal Code; and
WHEREAS, Said adoption requires the annual review of the said policy; and
WHEREAS, Comments have been solicited from the Town Board by the Budget Officer pertaining to the procurement policies and procedures as stated in Chapter 21 of the Town of Canadice Municipal Town Code; now, therefore, be it
RESOLVED, That the Town of Canadice does hereby approve the procurement policies and procedures contained in Chapter 21 of the Canadice Municipal Code; and, be it further
RESOLVED, That the Clerk of this Board send certified copies of this resolution to the Board Members, Highway Superintendent and retain a copy for the official record.
5. Resolution Number 4 of 2012 – Request To Be Included In Ontario County Highway Bids For 2012
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, It is required by New York State Department of Audit and Control that documentation be on file to substantiate the fact that the Town of Canadice will be purchasing commodities within the bidding statutes of New York State; now, therefore, be it
RESOLVED, That the Town of Canadice desires to utilize Ontario County bids for the purchase of certain Highway supplies during the year 2012; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to the Ontario County Purchasing Director, Ontario County Purchasing Department.
6. Resolution Number 5 of 2012– Request To Be Included In Livingston County Highway Bids For 2012
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, It is required by New York State Department of Audit and Control that documentation be on file to substantiate the fact that the Town of Canadice will be purchasing commodities within the bidding statutes of New York State; now, therefore, be it
RESOLVED, That the Town of Canadice desires to utilize Livingston County bids with vendor approval for the purchase of certain Highway supplies during the year 2012; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to the Livingston County Purchasing Director, Livingston Purchasing Department and Bruce Longbine, Canadice Highway Superintendent.
C. PRIVILEGE OF THE FLOOR:
1. Michael Schaffron – LaBella & Associates
The Town is now officially the Lead Agency. Mr. Schaffron went through sections of the EAF which is the responsibility of the Lead Agency and how the items would be addressed. We still need to receive information from the State Historic Preservation Office (SHPO). Once we receive the Comptrollers approval, we would need to go through the process to authorize indebtedness and hold another public hearing.
a. Resolution Number 06 of 2012- Water District No. 1 SEQR Resolution - Negative Declaration
At the meeting of the Canadice Town Board held on January 9, 2012, Councilman Durkee moved adoption of the following resolution; Councilman Virgil seconded the motion and it was unanimously passed.
WHEREAS,
1) In accordance with the New York State Environmental Quality Review regulations (SEQR), the Town Board of the Town of Canadice announced its intent to serve as Lead Agency on November 14, 2011, to conduct an environmental review of public water supply improvements to serve the Water District No. 1. The project will ensure a safe and reliable potable water supply and fire protection for area residents and businesses.
2) 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.
3) The Town Board, in its capacity of Lead Agency, has caused to be prepared an environmental assessment of the significance of and potential environmental impact of the action described above.
4) On November 16, 2011, the Town Board notified the Involved Agencies of its intention to act as Lead Agency for this project and circulated Part 1 of the full Environmental Assessment Form.
5) Comments on Part 1 of the EAF and on the overall project from Involved and Interested Agencies have been addressed (see Negative Declaration). The Town will obtain all necessary permits and approvals from Involved Agencies and will comply with agency requirements.
6) The Town Board has considered the Environmental Record prepared for this action, including any comments received from the Involved Agencies, and the proposed Negative Declaration.
NOW THEREFORE BE IT RESOLVED,
The Town Board of the Town of Canadice declares that it will serve as Lead Agency for the water system improvements proposed in the Water District No. 1; and,
The Town Board declares that, based on the Environmental Record which has been prepared, the project will result in no major impacts and, therefore, will not cause significant damage to the environment. A Negative Declaration under SEQR is therefore issued for this project.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
D. COMMUNICATIONS:
Note: Communications are filed with the Town Clerk. Discussion on any item may be called for by any Member of this Board.
E. REPORTS:
1. Town Clerk/Tax Collector- Mrs. Eileen Schaefer.
a. The financial report for the Town Clerk/Tax Collector for the month of December 2011 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. 2011 report submitted in December.
3. Code Enforcement Officer- Mr. Robert Best.
a. The written report for the month of December 2011 was submitted (see T. C. file). Year end and Fire & Safety reports were included.
4. Planning Board- Mr. Theodore Mayhood.
a. Draft minutes were submitted to the Town Board (see T. C. file).
b. Completed Colegrove application.
c. Comprehensive Plan update: where does it stand in the approval process or the zoning code recommended changes? Supervisor Singer indicated we have not received suggestions from the attorney yet regarding wording issues in some of the recommended changes.
d. The recently passed law regarding town informational postings online; how does that impact us? Supervisor Singer indicated we don’t have an official website at this time.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. No report.
6. Highway Superintendent- Mr. Bruce Longbine.
a. We have been filling the salt storage units up, but it’s been pretty quite.
b. Resolution Number 7 of 2012 – Acceptance Of Proposal
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board established an Equipment Purchase & Replacement Schedule in order to maintain the efficient and cost effective operation of the Canadice Highway Department; and
WHEREAS, The Highway Superintendent pickup is scheduled for replacement in 2012; and
WHEREAS, Highway Superintendent, Bruce Longbine, has obtained a proposal from VanBortel Ford utilizing the state contract program; and
WHEREAS, Funding for the replacement is within the budget taking into consideration revenue from the sale of the current truck; and
WHEREAS, This Board has reviewed the proposal and agrees with said purchase in the amount of $24,877.78; now, therefore, be it
RESOLVED, This Board authorizes the Supervisor to execute the proposal acceptance to purchase 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 retain a copy for the Town.
7. Honeoye Lake Watershed Research Taskforce- Councilman Hershey.
a. Held a meeting with Regional Director Paul D'Amato in regards to creating water impoundment areas at the southern end of Honeoye Lake on DEC property. They are proposing shallow open areas for waterfowl and storm water management. There could be potentially 100 acres of open shallow water with smaller areas near the roadside. Just in the preliminary discussion stage at this point.
8. Assessor- Ms. Valary Muscarella.
a. The written report for the month of December 2011 was submitted (see T. C. file).
9. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of December 2011 was submitted (see T.C. file).
Councilman O’Connor motioned, Councilman Durkee seconded, and it was carried to accept the Supervisor’s report.
APPROVED Ayes 4 Virgil, Durkee, O’Connor, Hershey
Abstained 1 Singer
Nays 0
b. Budget Transfers:
FROM TO AMOUNT PURPOSE
A1990.4 A1220.1 $ 000.08 Expenditures greater than budgeted amount.
A1990.4 A1410.1 $ 000.10 Expenditures greater than budgeted amount.
A1990.4 A8010.1 $ 000.04 Expenditures greater than budgeted amount.
A1990.4 A5132.4 $ 1,410.28 Expenditures greater than budgeted amount.
A1910.4 A1340.4 $ 3,022.09 Expenditures greater than budgeted amount.
A3510.4 A1620.4 $ 2,496.96 Expenditures greater than budgeted amount.
DA5112.1 DA5110.1 $ 1,528.08 Expenditures greater than budgeted amount.
DA5142.1 DA5130.1 $10,671.63 Expenditures greater than budgeted amount.
DA5142.4 DA5142.41 $ 2,879.82 Expenditures greater than budgeted amount.
DA5130.2 DA5130.4 $ 1,042.02 Expenditures greater than budgeted amount.
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the budget transfers.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
c. Resolution Number 8 of 2012- 2011 Budget Modifications
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board approved formation of Canadice Water District #1; and
WHEREAS, The formation of said district was approved by the property owners within said district; and
WHEREAS, It has been necessary to contract for preliminary and design engineering services as the process proceeds; and
WHEREAS, The expenditure of funds for engineering was not budgeted in the 2011 budget;
WHEREAS, There is the need to fund engineering services from the General Fund until such time as the funding for the district is approved; now, therefore, be it
RESOLVED, That this Board directs the Budget Officer to make the following 2011 budget modifications:
Increase A599, Appropriated Fund Balance by $3845.89
Increase A1440.4, Engineering, Contractual by $3845.89
d. Resolution Number 9 of 2012 – 2011 Budget Modifications
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, The Budget Officer has received FEMA reimbursement funds; and
WHEREAS, There are appropriation lines that have exceeded budgeted amounts; and
WHEREAS, The expenditure of funds from certain appropriation lines was in anticipation of the receipt of said FEMA monies; now, therefore, be it
RESOLVED, That this Board directs the Budget Officer to make the following 2011 budget modifications:
Increase DA599, Refunds from Prior Years Expenditures by $10,955.43
Increase DA5110.41, Repair of Road, Fuel by $2,631.64
Increase DA5112.2, Permanent Improvements by $7,500.00
Increase DA5112.21, Permanent Improvements, Fuel by $823.79
F. UNFINISHED BUSINESS:
1. Website Update Town Clerk- CivicPlus set up a demonstration and provided quotes. Excellent product, but not within our budget. Digital Towpath and Northshore Solutions are the two companies we are considering now.
2. Stop sign Assessment Study- Councilman O’Connor indicated Glenn Thornton engineering is 75% complete with the stop sign project.
3. Hydrofracking-
*Supervisor Singer reported on the information provided at the Environmental Quality meeting at the County. We were expecting a model law on hydrofracking and the information presented was for model road usage laws. After further discussion with Ontario County Planning Department, they are clear now on what we are looking for from them- which is model regulations on hydrofracking. The EQ Committee feels it is beneficial for municipalities in Ontario County to draw from Ontario County Planning resources for these regulations.
*There were numerous questions and comments from meeting attendees. Board members comments/answers are as follows:
*Councilman Durkee agrees we should wait and utilize information from the county.
*Councilman Hershey doesn’t have a problem waiting for the model regulations.
*Councilman Virgil has continued to research available information and there are studies supporting both sides of the issue. Just because moratoriums are passed in other towns doesn’t mean we need to or should
*Supervisor Singer indicated Mr. Kris Hughes from Ontario County Planning feels it will be March before DEC provides draft regulations. The county laws don’t have to coincide with town laws, but they do review them. A moratorium has a limited life and it may be in our best interest to use our time working on regulations. It can take approximately three months to pass any law. We can’t ban hydrofracking, only regulate the process.
*Councilman Hershey reminded everyone there will not be any drilling on state property which includes Canadice and Hemlock Lakes. Councilman O’Conner added there are setbacks from the state property onto private property that have to be maintained also.
*Councilman Virgil mentioned we don’t have parcels large enough in Canadice to accommodate drilling. You would need several land owners to agree to a lease.
*Councilman O’Connor noted there is legislation being introduced through Monroe County to protect the Rochester Watershed from hydrofracking according to an article in the Democrat and Chronicle. Not sure where it stands at this time.
*Councilman Hershey indicated we don’t feel it’s worth the time and expense to pass a moratorium and should move right to regulations.
*Councilman Virgil indicated we try to take a methodical approach to issues and try to get facts before we jump on an issue. We have spent a great deal of time trying to keep our area rural. The approach other towns are taking does not necessarily make it right for Canadice.
Councilman O’Connor feels the stewardship of this town is in good hands and from what he has heard from many constituents they will not sign a gas lease if approached.
*Supervisor Singer thanked the audience for attending. Councilman O’Connor reminded everyone there are openings on the Planning Board and Zoning Board of Appeals.
G. NEW BUSINESS:
1. 2011 Supervisors Financial Report 12/31/2011 was submitted (see T. C. file).
2. 2011 Town Clerk Report and 2011 Tax Collector Report was submitted (see T. C. file).
3. Resolution Number 10 of 2012 – Approval Of Town Officers Financial Records
The Board reviewed the financial books of the Town Supervisor/Budget Officer and Town Clerk/Tax Collector.
Councilman Virgil 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, Town Law 123 requires the Town Board to audit the records of all Town officers or employees who received or disbursed moneys during the previous year on or before the twentieth day of January; and
WHEREAS, The Town Supervisor/Budget Officer, Town Clerk/Tax Collector provided the Town Board with said records on January 9, 2012; now, therefore, be it
RESOLVED, That to the best of their knowledge, the Town Board, found the records of the Town Clerk/Tax Collector to be in good order and acceptable; and, be it further
RESOLVED, That to the best of their knowledge, the Town Board, with the abstention of the Supervisor, found the records of the Town Supervisor/Budget Officer to be in good order and acceptable; and, be it further
RESOLVED, That this resolution be entered into the official minutes of the Canadice Town Board.
4. Resolution Number 11 of 2012 – Authorization To Execute The Highway Superintendent Software Support Contract With Williamson Law Book Company
Councilman O’Connor motioned, Councilman Durkee seconded and it was unanimously carried to adopt the following resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board purchased the Highway Superintendent Software Program from Williamson Law Book Company in 2007; and
WHEREAS, The software support is an annual renewable contract, at a rate of $423.50 for 2012; and
WHEREAS, The Budget Officer recommends that the contract be purchased; now, therefore, be it
RESOLVED, That this Board authorizes the Supervisor to execute said contract and remit the contract fee to Williamson Law Book Company; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution, the executed contract and contract fee to Williamson Law Book Company and retain a copy in the Town files.
5. Resolution Number 12 of 2012 – Authorization To Execute The Software License And Software Support Contract With Williamson Law Book Company
Councilman Hershey motioned, Councilman Durkee seconded and it was unanimously carried to adopt the following resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays
WHEREAS, The Town has contracted with outside vendors for the processing of payroll since 1999 when the County ceased providing the service; and
WHEREAS, The current payroll service provider notified the Town that it will begin subcontracting the processing to a firm in Buffalo and substantially increase the fees; and
WHEREAS, The Town has encountered processing issues with other local providers in the past; and
WHEREAS, The Budget Officer recommends the purchase of the payroll module to accompany the existing bookkeeping program from Williamson Law Book Company for the sum of $2850.00 and the corresponding annual support contract for $770.00; and
WHEREAS, This Board agrees that it is in the best interest of the Town to process payroll in house; now, therefore, be it
RESOLVED, That this Board directs the Supervisor to execute the software license and support contracts with Williamson Law Book Company for a cost not to exceed $2850.00 and $770.00 respectively; and, be it further
RESOLVED, That the Clerk of this Board is to send a copy of this resolution, and copy of the signed contracts with the agreed payments to Williamson Law Book Company.
6. Resolution Number 13 of 2012 – Authorizing A Fee Charged For Dishonored Checks For The Town Clerk/Tax Collector
Councilman O’Connor motioned, Councilman Durkee seconded and it was unanimously carried to adopt the following resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, General Municipal Law authorizes a municipal corporation to impose a charge for dishonored checks not exceeding the maximum charge authorized by the General Obligations Law; and
WHEREAS, The General Obligations Law fee currently is not to exceed $20.00 per check for a dishonored check; and
WHEREAS, The Town of Canadice currently charges a fee of $25.00 for dishonored checks as approved by Resolution Number 26 of 2006; now, therefore, be it
RESOLVED, That this Board rescinds Resolution Number 26 of 2006 and adopts the fee of $20.00 per dishonored check; and, be it further
RESOLVED, That this fee will take effect immediately upon adoption of this resolution; and, be it further
RESOLVED, That the Clerk of this Board retain a certified copy in the official Town records.
7. Resolution Number 14 of 2012 – Authorizing Gas Franchise To National Fuel
Councilman Hershey motioned, Councilman Durkee seconded and it was unanimously carried to adopt the following resolution.
Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Town Board is proceeding with the construction of Canadice Water District #1, approved by referendum August 20, 2011 by the residents within the defined district boundaries consisting of 396 parcels and 437 residences; and
WHEREAS, National Fuel currently provides gas service to the Town of Richmond with the supply line ending at the town line of Canadice on County Road 36 where the new water district will begin; and
WHEREAS, No other entity provides gas distribution within the Town nor has any service within a reasonable connection proximity; and
WHEREAS, The Town Board has determined that authorizing a gas franchise to National Fuel would be advantageous to the residents in said district; now, therefore, be it
RESOLVED, The Town wishes to grant consent and permission to Nation Fuel, its successors and assigns, to have and to exercise the right and privilege to lay, place and maintain in the streets, alleys and rights-of-way in the Town of Canadice, pipes, conduits, mains and other appliances, including cutoffs and connections for transmitting gas, artificial or natural, through, along and under any of the highways, streets, lanes and other public places in said Town; to enter and re-enter upon said streets, lanes and other public places in said Town as from time to time may be necessary for the maintenance, operation and repair of such system or any part thereof; and to distribute and sell gas for light, heat or power to public and private buildings in said Town; and, be it further
RESOLVED, This grant of a franchise is made upon condition that the Company shall obtain proper permission and authorization for the continuance of its activity in the Town within Water District #1, a map of which is attached and made a part thereof, from the Public Service Commission of the State of New York, or such other governmental agency whose consent and authorization may be necessary to be obtained in connection therewith; and, be it further
RESOLVED, That the Clerk of this Board send certified copies of this resolution with the attached map to National Fuel and the NYS Public Service Commission.
8. Approval of the Bills –
Councilman Virgil motioned, Councilman Durkee seconded, and it was unanimously carried that the bills are to be paid in the following amounts:
Councilman O’Connor and Councilman Virgil asked about a Lowes bill and propane expenses. Supervisor Singer will look into the propane issue; it is tied to our contract.
ABSTRACT #13 for 2011-
General Account Voucher #363 to 395 $ 11,483.30
Highway Account Voucher #189 to 206 $ 7,423.12
ABSTRACT #1 for 2012-
General Account Voucher #1 to 16 $ 64,697.36
Highway Account Voucher #001 $ 15,133.72
Trust & Agency Voucher #01 $ 1,100.02
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
H. PRIVILEGE OF THE FLOOR:
1. Councilman O’Connor asked how Ontario County was able to go into the Town of Italy to build a tower without approval from the town. Supervisor Singer indicated our 911 will dispatch for emergency services into Italy and Naples and there are significant dead spots which required the need for the tower. They did comply with all the set-backs, which is why more property was purchased instead of adding on to the existing tower. There is more to the situation than what was reported in the news.
2. Mr. Mayhood asked why cell phones couldn’t be used instead of the new radio system. Superintendent Longbine mentioned cell phones don’t reach everywhere either; however the new radio system is pretty elaborate and will work in areas cell phones won’t. Supervisor Singer mentioned estimated costs will come down now that the bidding will be taking place.
I. ADJOURNMENT:
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to adjourn the meeting at 9:10 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 January 9, 2012 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: Sixteen (16) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. Approval of December 12, 2011 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 December 12, 2011 Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
With the following corrections:
Pg 2 last paragraph “has been” repeated.
Pg 3 State of Wyoming not Wyoming County.
B. ORGANIZATIONAL MEETING:
1. Review Organizational Items
a. Time And Place For Regular Town Board Meetings:
Second Monday each month at 7:30 pm
Canadice Town Hall, 5949 County Rd #37
b. Official Newspapers:
Daily Messenger, Canandaigua, NY
c. Official Bank:
Supervisor- Canandaigua National Bank
Town Clerk/Tax Collector- Canandaigua National Bank
Town Justices- Canandaigua National Bank
d. Alternate Person Authorized To Sign Town Checks:
Supervisor- Councilman Michael Virgil
Town Clerk/Tax Collector- Diane Horning
Town Justices- None
e. Appointments By The Town Board:
Attorney for the Town-TBD
Alternate Attorney for the Town- TBD
Registrar of Vital Statistics- Eileen Schaefer
Health Officer- Michael Hutton
Dog Control Officer- Ontario County Humane Society
Code Enforcement Officer- Robert Best
Deputy Code Enforcement Officer- Vacant
Records Management Officer- Eileen Schaefer
Planning Board Chairperson- Theodore Mayhood
Zoning Board of Appeals Chairperson- Linda Moorhouse
Assessment Review Board Chairperson- Chosen by BAR each year
Representative to County Planning Board- Stephen Groet
Representative to Honeoye Lake Watershed Taskforce– Bill Hershey
f. Appointments To Be Made By Town Officers:
1. By Supervisor:
Deputy Supervisor- Councilman Michael Virgil
Historian- Margaret Bott
Deputy Historian- David Bott
Budget Officer- Kristine Singer
Confidential Secretary to the Supervisor- Valary Muscarella
2. By Town Clerk/Tax Collector:
Deputy Town Clerk- Diane Horning
Deputy Tax Collector- Diane Horning
Deputy Records Management Officer- Valary Muscarella
3. By Highway Superintendent:
Deputy Highway Superintendent- Steven Zeh
4. By Registrar of Vital Statistics:
Deputy Registrar- Diane Horning
g. Petty Cash Funds:
Town Clerk- $100.00
Chairman Planning Board- $50.00
Tax Collector- $50.00
Town Justices- $200.00
h. Procedure For Paying Bills:
Upon approval of warrant by majority of the Town Board; except for payroll, utility bills, and monthly operating expenses to avoid assessment of late fees which may be paid as presented.
i. Mileage:
For Official Town Business- Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to approve $.50 cents per mile as the mileage rate for 2012.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
j. Salary Schedule- (As established by the adoption of the 2012 Budget)
Four Councilpersons $2,371.00 each per year
$9,484.00 total
Two Justices $7,956.00 each per year
$15,912.00 total
Supervisor $11,676.00 annual
Highway Superintendent $50,562.00 annual
Deputy Highway Superintendent $3,430.00 annual
Machine Equipment Operator Heavy $22.50 per hour
Machine Equipment Operator Light $16.54 per hour
Laborer $9.00 per hour
Budget Officer $1,697.00 annual
Town Clerk/Tax Collector $25,150.00 annual
Registrar of Vital Statistics $345.00 annual
Deputy Town Clerk/Tax Collector $1,698.00 annual
Confidential Secretary To The Supervisor $17,464 annual
Appointed Assessor $20,519.00 annual
Code Enforcement Officer $15,846.00 annual
Deputy CEO $15.00 per hour
Town Historian Personnel $754.00 annual total
Court Clerk $14.48 per hour
Cleaner $15.15 per hour
Grounds Keeper $15.15 per hour
Cleaner (additional) $12.02 per hour
Planning Board Members $30.00 per meeting attended
Planning Board Chairperson $200.00 stipend in addition to above
Planning Board Secretary $75.00 per meeting attended
Zoning Appeals Board Members $25.00 per meeting attended
Zoning Appeals Board Chairperson $200.00 stipend in addition to above
Zoning Appeals Board Secretary $75.00 per meeting attended
Board of Assessment Review $8.50 per hour
Health Officer $0
2. Resolution Number 1 of 2012 – Approval of Organizational Meeting Items
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 Organizational Meeting of the Town of Canadice was held on January 9, 2012; and
WHEREAS, All items were presented to the Town Board for their consideration; now, therefore, be it
RESOLVED, That this Board does hereby approve of and adopts those items placed before it at said meeting; and, be it further
RESOLVED, That the Clerk of this Board enter all said items along with a copy of this resolution in the official minutes of this Board.
3. Resolution Number 2 of 2012 – Adoption Of Rules Of Procedure And Order
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, Section 63 of the Town Law provides that the Town Board may determine the rules of its procedure; and
WHEREAS, This Board adopted Rules of Procedure and Order as defined in Chapter 14, Meetings and Public Hearings, of the Canadice Municipal Code with the adoption of said code September 9, 1996; and
WHEREAS, This Board annually reviews said policy; and
WHEREAS, This Board after due deliberation agrees the following additional rules are adopted by this resolution for the year 2012:
1. Every resolution or motion must be seconded before being put to vote by the Supervisor, and all resolutions or motions shall be recorded in their entirety in the official minutes of the Town Board.
2. The Supervisor may offer or second a resolution or a motion and need not relinquish the chair for such purpose.
3. No motion or resolution may be brought to a vote except by the majority consent of those present, unless typewritten copies are presented to each member of the Board 48 hours prior to the opening of the meeting at which such motion or resolution is offered.
4. No motion shall be made to offer any amendment to an amendment already before the Board on any proposition.
5. No member of the public shall engage in any demonstration, booking, hand clapping or otherwise disrupt the formality of a Town Board Meeting.
6. Any person speaking to the Town Board, with the consent of the Supervisor, shall address their remarks to the Town Board, not to other members of the audience in the form of a debate.
7. A majority vote of all members of the Board shall be required to suspend these rules of order. A majority of the Board shall constitute a quorum.
8. If the above stated rules are or become at any time in conflict with the statutory law, the statutory law shall take precedence.
now, therefore, be it
RESOLVED That the preceding Rules of Procedure and Order be and are hereby adopted for the year 2012 pursuant to Section 63 of the Town Law; and, be it further
RESOLVED, That the Clerk of this Board send certified copies of this resolution to the Board Members, Highway Superintendent and retain a copy for the official records.
4. Resolution Number 3 of 2012 – Review Of Procurement Policy
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, Section 104-b of the General Municipal Law (GML) requires every town to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirement of GML, Section 103 or any other law; and
WHEREAS, This Board adopted a Procurement Policy April 13, 1992 which is defined in Chapter 21 of the Canadice Municipal Code; and
WHEREAS, Said adoption requires the annual review of the said policy; and
WHEREAS, Comments have been solicited from the Town Board by the Budget Officer pertaining to the procurement policies and procedures as stated in Chapter 21 of the Town of Canadice Municipal Town Code; now, therefore, be it
RESOLVED, That the Town of Canadice does hereby approve the procurement policies and procedures contained in Chapter 21 of the Canadice Municipal Code; and, be it further
RESOLVED, That the Clerk of this Board send certified copies of this resolution to the Board Members, Highway Superintendent and retain a copy for the official record.
5. Resolution Number 4 of 2012 – Request To Be Included In Ontario County Highway Bids For 2012
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, It is required by New York State Department of Audit and Control that documentation be on file to substantiate the fact that the Town of Canadice will be purchasing commodities within the bidding statutes of New York State; now, therefore, be it
RESOLVED, That the Town of Canadice desires to utilize Ontario County bids for the purchase of certain Highway supplies during the year 2012; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to the Ontario County Purchasing Director, Ontario County Purchasing Department.
6. Resolution Number 5 of 2012– Request To Be Included In Livingston County Highway Bids For 2012
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, It is required by New York State Department of Audit and Control that documentation be on file to substantiate the fact that the Town of Canadice will be purchasing commodities within the bidding statutes of New York State; now, therefore, be it
RESOLVED, That the Town of Canadice desires to utilize Livingston County bids with vendor approval for the purchase of certain Highway supplies during the year 2012; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution to the Livingston County Purchasing Director, Livingston Purchasing Department and Bruce Longbine, Canadice Highway Superintendent.
C. PRIVILEGE OF THE FLOOR:
1. Michael Schaffron – LaBella & Associates
The Town is now officially the Lead Agency. Mr. Schaffron went through sections of the EAF which is the responsibility of the Lead Agency and how the items would be addressed. We still need to receive information from the State Historic Preservation Office (SHPO). Once we receive the Comptrollers approval, we would need to go through the process to authorize indebtedness and hold another public hearing.
a. Resolution Number 06 of 2012- Water District No. 1 SEQR Resolution - Negative Declaration
At the meeting of the Canadice Town Board held on January 9, 2012, Councilman Durkee moved adoption of the following resolution; Councilman Virgil seconded the motion and it was unanimously passed.
WHEREAS,
1) In accordance with the New York State Environmental Quality Review regulations (SEQR), the Town Board of the Town of Canadice announced its intent to serve as Lead Agency on November 14, 2011, to conduct an environmental review of public water supply improvements to serve the Water District No. 1. The project will ensure a safe and reliable potable water supply and fire protection for area residents and businesses.
2) 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.
3) The Town Board, in its capacity of Lead Agency, has caused to be prepared an environmental assessment of the significance of and potential environmental impact of the action described above.
4) On November 16, 2011, the Town Board notified the Involved Agencies of its intention to act as Lead Agency for this project and circulated Part 1 of the full Environmental Assessment Form.
5) Comments on Part 1 of the EAF and on the overall project from Involved and Interested Agencies have been addressed (see Negative Declaration). The Town will obtain all necessary permits and approvals from Involved Agencies and will comply with agency requirements.
6) The Town Board has considered the Environmental Record prepared for this action, including any comments received from the Involved Agencies, and the proposed Negative Declaration.
NOW THEREFORE BE IT RESOLVED,
The Town Board of the Town of Canadice declares that it will serve as Lead Agency for the water system improvements proposed in the Water District No. 1; and,
The Town Board declares that, based on the Environmental Record which has been prepared, the project will result in no major impacts and, therefore, will not cause significant damage to the environment. A Negative Declaration under SEQR is therefore issued for this project.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
D. COMMUNICATIONS:
Note: Communications are filed with the Town Clerk. Discussion on any item may be called for by any Member of this Board.
E. REPORTS:
1. Town Clerk/Tax Collector- Mrs. Eileen Schaefer.
a. The financial report for the Town Clerk/Tax Collector for the month of December 2011 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. 2011 report submitted in December.
3. Code Enforcement Officer- Mr. Robert Best.
a. The written report for the month of December 2011 was submitted (see T. C. file). Year end and Fire & Safety reports were included.
4. Planning Board- Mr. Theodore Mayhood.
a. Draft minutes were submitted to the Town Board (see T. C. file).
b. Completed Colegrove application.
c. Comprehensive Plan update: where does it stand in the approval process or the zoning code recommended changes? Supervisor Singer indicated we have not received suggestions from the attorney yet regarding wording issues in some of the recommended changes.
d. The recently passed law regarding town informational postings online; how does that impact us? Supervisor Singer indicated we don’t have an official website at this time.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. No report.
6. Highway Superintendent- Mr. Bruce Longbine.
a. We have been filling the salt storage units up, but it’s been pretty quite.
b. Resolution Number 7 of 2012 – Acceptance Of Proposal
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board established an Equipment Purchase & Replacement Schedule in order to maintain the efficient and cost effective operation of the Canadice Highway Department; and
WHEREAS, The Highway Superintendent pickup is scheduled for replacement in 2012; and
WHEREAS, Highway Superintendent, Bruce Longbine, has obtained a proposal from VanBortel Ford utilizing the state contract program; and
WHEREAS, Funding for the replacement is within the budget taking into consideration revenue from the sale of the current truck; and
WHEREAS, This Board has reviewed the proposal and agrees with said purchase in the amount of $24,877.78; now, therefore, be it
RESOLVED, This Board authorizes the Supervisor to execute the proposal acceptance to purchase 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 retain a copy for the Town.
7. Honeoye Lake Watershed Research Taskforce- Councilman Hershey.
a. Held a meeting with Regional Director Paul D'Amato in regards to creating water impoundment areas at the southern end of Honeoye Lake on DEC property. They are proposing shallow open areas for waterfowl and storm water management. There could be potentially 100 acres of open shallow water with smaller areas near the roadside. Just in the preliminary discussion stage at this point.
8. Assessor- Ms. Valary Muscarella.
a. The written report for the month of December 2011 was submitted (see T. C. file).
9. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of December 2011 was submitted (see T.C. file).
Councilman O’Connor motioned, Councilman Durkee seconded, and it was carried to accept the Supervisor’s report.
APPROVED Ayes 4 Virgil, Durkee, O’Connor, Hershey
Abstained 1 Singer
Nays 0
b. Budget Transfers:
FROM TO AMOUNT PURPOSE
A1990.4 A1220.1 $ 000.08 Expenditures greater than budgeted amount.
A1990.4 A1410.1 $ 000.10 Expenditures greater than budgeted amount.
A1990.4 A8010.1 $ 000.04 Expenditures greater than budgeted amount.
A1990.4 A5132.4 $ 1,410.28 Expenditures greater than budgeted amount.
A1910.4 A1340.4 $ 3,022.09 Expenditures greater than budgeted amount.
A3510.4 A1620.4 $ 2,496.96 Expenditures greater than budgeted amount.
DA5112.1 DA5110.1 $ 1,528.08 Expenditures greater than budgeted amount.
DA5142.1 DA5130.1 $10,671.63 Expenditures greater than budgeted amount.
DA5142.4 DA5142.41 $ 2,879.82 Expenditures greater than budgeted amount.
DA5130.2 DA5130.4 $ 1,042.02 Expenditures greater than budgeted amount.
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the budget transfers.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
c. Resolution Number 8 of 2012- 2011 Budget Modifications
Councilman Durkee motioned, Councilman Hershey seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board approved formation of Canadice Water District #1; and
WHEREAS, The formation of said district was approved by the property owners within said district; and
WHEREAS, It has been necessary to contract for preliminary and design engineering services as the process proceeds; and
WHEREAS, The expenditure of funds for engineering was not budgeted in the 2011 budget;
WHEREAS, There is the need to fund engineering services from the General Fund until such time as the funding for the district is approved; now, therefore, be it
RESOLVED, That this Board directs the Budget Officer to make the following 2011 budget modifications:
Increase A599, Appropriated Fund Balance by $3845.89
Increase A1440.4, Engineering, Contractual by $3845.89
d. Resolution Number 9 of 2012 – 2011 Budget Modifications
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, The Budget Officer has received FEMA reimbursement funds; and
WHEREAS, There are appropriation lines that have exceeded budgeted amounts; and
WHEREAS, The expenditure of funds from certain appropriation lines was in anticipation of the receipt of said FEMA monies; now, therefore, be it
RESOLVED, That this Board directs the Budget Officer to make the following 2011 budget modifications:
Increase DA599, Refunds from Prior Years Expenditures by $10,955.43
Increase DA5110.41, Repair of Road, Fuel by $2,631.64
Increase DA5112.2, Permanent Improvements by $7,500.00
Increase DA5112.21, Permanent Improvements, Fuel by $823.79
F. UNFINISHED BUSINESS:
1. Website Update Town Clerk- CivicPlus set up a demonstration and provided quotes. Excellent product, but not within our budget. Digital Towpath and Northshore Solutions are the two companies we are considering now.
2. Stop sign Assessment Study- Councilman O’Connor indicated Glenn Thornton engineering is 75% complete with the stop sign project.
3. Hydrofracking-
*Supervisor Singer reported on the information provided at the Environmental Quality meeting at the County. We were expecting a model law on hydrofracking and the information presented was for model road usage laws. After further discussion with Ontario County Planning Department, they are clear now on what we are looking for from them- which is model regulations on hydrofracking. The EQ Committee feels it is beneficial for municipalities in Ontario County to draw from Ontario County Planning resources for these regulations.
*There were numerous questions and comments from meeting attendees. Board members comments/answers are as follows:
*Councilman Durkee agrees we should wait and utilize information from the county.
*Councilman Hershey doesn’t have a problem waiting for the model regulations.
*Councilman Virgil has continued to research available information and there are studies supporting both sides of the issue. Just because moratoriums are passed in other towns doesn’t mean we need to or should
*Supervisor Singer indicated Mr. Kris Hughes from Ontario County Planning feels it will be March before DEC provides draft regulations. The county laws don’t have to coincide with town laws, but they do review them. A moratorium has a limited life and it may be in our best interest to use our time working on regulations. It can take approximately three months to pass any law. We can’t ban hydrofracking, only regulate the process.
*Councilman Hershey reminded everyone there will not be any drilling on state property which includes Canadice and Hemlock Lakes. Councilman O’Conner added there are setbacks from the state property onto private property that have to be maintained also.
*Councilman Virgil mentioned we don’t have parcels large enough in Canadice to accommodate drilling. You would need several land owners to agree to a lease.
*Councilman O’Connor noted there is legislation being introduced through Monroe County to protect the Rochester Watershed from hydrofracking according to an article in the Democrat and Chronicle. Not sure where it stands at this time.
*Councilman Hershey indicated we don’t feel it’s worth the time and expense to pass a moratorium and should move right to regulations.
*Councilman Virgil indicated we try to take a methodical approach to issues and try to get facts before we jump on an issue. We have spent a great deal of time trying to keep our area rural. The approach other towns are taking does not necessarily make it right for Canadice.
Councilman O’Connor feels the stewardship of this town is in good hands and from what he has heard from many constituents they will not sign a gas lease if approached.
*Supervisor Singer thanked the audience for attending. Councilman O’Connor reminded everyone there are openings on the Planning Board and Zoning Board of Appeals.
G. NEW BUSINESS:
1. 2011 Supervisors Financial Report 12/31/2011 was submitted (see T. C. file).
2. 2011 Town Clerk Report and 2011 Tax Collector Report was submitted (see T. C. file).
3. Resolution Number 10 of 2012 – Approval Of Town Officers Financial Records
The Board reviewed the financial books of the Town Supervisor/Budget Officer and Town Clerk/Tax Collector.
Councilman Virgil 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, Town Law 123 requires the Town Board to audit the records of all Town officers or employees who received or disbursed moneys during the previous year on or before the twentieth day of January; and
WHEREAS, The Town Supervisor/Budget Officer, Town Clerk/Tax Collector provided the Town Board with said records on January 9, 2012; now, therefore, be it
RESOLVED, That to the best of their knowledge, the Town Board, found the records of the Town Clerk/Tax Collector to be in good order and acceptable; and, be it further
RESOLVED, That to the best of their knowledge, the Town Board, with the abstention of the Supervisor, found the records of the Town Supervisor/Budget Officer to be in good order and acceptable; and, be it further
RESOLVED, That this resolution be entered into the official minutes of the Canadice Town Board.
4. Resolution Number 11 of 2012 – Authorization To Execute The Highway Superintendent Software Support Contract With Williamson Law Book Company
Councilman O’Connor motioned, Councilman Durkee seconded and it was unanimously carried to adopt the following resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board purchased the Highway Superintendent Software Program from Williamson Law Book Company in 2007; and
WHEREAS, The software support is an annual renewable contract, at a rate of $423.50 for 2012; and
WHEREAS, The Budget Officer recommends that the contract be purchased; now, therefore, be it
RESOLVED, That this Board authorizes the Supervisor to execute said contract and remit the contract fee to Williamson Law Book Company; and, be it further
RESOLVED, That the Clerk of this Board send a certified copy of this resolution, the executed contract and contract fee to Williamson Law Book Company and retain a copy in the Town files.
5. Resolution Number 12 of 2012 – Authorization To Execute The Software License And Software Support Contract With Williamson Law Book Company
Councilman Hershey motioned, Councilman Durkee seconded and it was unanimously carried to adopt the following resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays
WHEREAS, The Town has contracted with outside vendors for the processing of payroll since 1999 when the County ceased providing the service; and
WHEREAS, The current payroll service provider notified the Town that it will begin subcontracting the processing to a firm in Buffalo and substantially increase the fees; and
WHEREAS, The Town has encountered processing issues with other local providers in the past; and
WHEREAS, The Budget Officer recommends the purchase of the payroll module to accompany the existing bookkeeping program from Williamson Law Book Company for the sum of $2850.00 and the corresponding annual support contract for $770.00; and
WHEREAS, This Board agrees that it is in the best interest of the Town to process payroll in house; now, therefore, be it
RESOLVED, That this Board directs the Supervisor to execute the software license and support contracts with Williamson Law Book Company for a cost not to exceed $2850.00 and $770.00 respectively; and, be it further
RESOLVED, That the Clerk of this Board is to send a copy of this resolution, and copy of the signed contracts with the agreed payments to Williamson Law Book Company.
6. Resolution Number 13 of 2012 – Authorizing A Fee Charged For Dishonored Checks For The Town Clerk/Tax Collector
Councilman O’Connor motioned, Councilman Durkee seconded and it was unanimously carried to adopt the following resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, General Municipal Law authorizes a municipal corporation to impose a charge for dishonored checks not exceeding the maximum charge authorized by the General Obligations Law; and
WHEREAS, The General Obligations Law fee currently is not to exceed $20.00 per check for a dishonored check; and
WHEREAS, The Town of Canadice currently charges a fee of $25.00 for dishonored checks as approved by Resolution Number 26 of 2006; now, therefore, be it
RESOLVED, That this Board rescinds Resolution Number 26 of 2006 and adopts the fee of $20.00 per dishonored check; and, be it further
RESOLVED, That this fee will take effect immediately upon adoption of this resolution; and, be it further
RESOLVED, That the Clerk of this Board retain a certified copy in the official Town records.
7. Resolution Number 14 of 2012 – Authorizing Gas Franchise To National Fuel
Councilman Hershey motioned, Councilman Durkee seconded and it was unanimously carried to adopt the following resolution.
Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Town Board is proceeding with the construction of Canadice Water District #1, approved by referendum August 20, 2011 by the residents within the defined district boundaries consisting of 396 parcels and 437 residences; and
WHEREAS, National Fuel currently provides gas service to the Town of Richmond with the supply line ending at the town line of Canadice on County Road 36 where the new water district will begin; and
WHEREAS, No other entity provides gas distribution within the Town nor has any service within a reasonable connection proximity; and
WHEREAS, The Town Board has determined that authorizing a gas franchise to National Fuel would be advantageous to the residents in said district; now, therefore, be it
RESOLVED, The Town wishes to grant consent and permission to Nation Fuel, its successors and assigns, to have and to exercise the right and privilege to lay, place and maintain in the streets, alleys and rights-of-way in the Town of Canadice, pipes, conduits, mains and other appliances, including cutoffs and connections for transmitting gas, artificial or natural, through, along and under any of the highways, streets, lanes and other public places in said Town; to enter and re-enter upon said streets, lanes and other public places in said Town as from time to time may be necessary for the maintenance, operation and repair of such system or any part thereof; and to distribute and sell gas for light, heat or power to public and private buildings in said Town; and, be it further
RESOLVED, This grant of a franchise is made upon condition that the Company shall obtain proper permission and authorization for the continuance of its activity in the Town within Water District #1, a map of which is attached and made a part thereof, from the Public Service Commission of the State of New York, or such other governmental agency whose consent and authorization may be necessary to be obtained in connection therewith; and, be it further
RESOLVED, That the Clerk of this Board send certified copies of this resolution with the attached map to National Fuel and the NYS Public Service Commission.
8. Approval of the Bills –
Councilman Virgil motioned, Councilman Durkee seconded, and it was unanimously carried that the bills are to be paid in the following amounts:
Councilman O’Connor and Councilman Virgil asked about a Lowes bill and propane expenses. Supervisor Singer will look into the propane issue; it is tied to our contract.
ABSTRACT #13 for 2011-
General Account Voucher #363 to 395 $ 11,483.30
Highway Account Voucher #189 to 206 $ 7,423.12
ABSTRACT #1 for 2012-
General Account Voucher #1 to 16 $ 64,697.36
Highway Account Voucher #001 $ 15,133.72
Trust & Agency Voucher #01 $ 1,100.02
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
H. PRIVILEGE OF THE FLOOR:
1. Councilman O’Connor asked how Ontario County was able to go into the Town of Italy to build a tower without approval from the town. Supervisor Singer indicated our 911 will dispatch for emergency services into Italy and Naples and there are significant dead spots which required the need for the tower. They did comply with all the set-backs, which is why more property was purchased instead of adding on to the existing tower. There is more to the situation than what was reported in the news.
2. Mr. Mayhood asked why cell phones couldn’t be used instead of the new radio system. Superintendent Longbine mentioned cell phones don’t reach everywhere either; however the new radio system is pretty elaborate and will work in areas cell phones won’t. Supervisor Singer mentioned estimated costs will come down now that the bidding will be taking place.
I. ADJOURNMENT:
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to adjourn the meeting at 9:10 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Respectfully submitted, ___________________________ Eileen Schaefer, Town Clerk