June 2011 Meeting
A. CONVOCATION:
1. The Canadice Town Board Meeting was held on June 13, 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: Approximately fifty (50) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. Approval of May 7, 2011 Informational 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 O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to approve the minutes of the May 7, 2011 Informational Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Approval of May 9, 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 May 9, 2011 Regular Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
B. PUBLIC HEARING TO ENTERTAIN COMMENTS PERTAINING TO THE CREATION OF CANADICE WATER DISTRICT #1 SUBJECT TO REFERENDUM:
Supervisor Singer opened the meeting with a brief overview. In 2000 a joint water project was brought forward by Richmond. That vote was not approved by Richmond and never made it to Canadice. In 2001 Canadice went forward with a possible proposal when residents requested it. Research was done to find a suitable place for a well; however the project went no further. Now there is a sufficient source from the City of Rochester water supply. Over the years we have been approached by residents to look in to the situation again, especially with the algae issues on Honeoye Lake. The Board has no vested interest and therefore felt a referendum by the individuals along the area in question was the best way for the decision to be reached. Also National Fuel has been contacted and Supervisor Singer will continue to pursue natural gas even if the water district is not approved.
Mr. Kevin Clark from Labella & Associates P.C. presented the basic information and maps showing the boundary lines of the proposed district. Supervisor Singer indicated the main line will be constructed along County Road 36, however at this time we do not know where the individual lines going to the properties will be located.
Question- Is there only one district instead of two?
Supervisor Singer- There will be one district. Two districts were proposed in order to apply for grant funds that would have been tied to income surveys. We did not receive enough surveys to apply for those funds and reverted to proposing one district.
Question- With over two hundred easements needed, what if someone refuses to allow an easement on their property?
Mr. Andrew Emborsky (attorney for this project) - The Town will try to place the easement within the right-of-way if someone refuses to allow one. Other landowners might be approached if the easement could be directed another way. We would make every effort to find a solution.
Question- Will the vote take place before easements are secured?
Mr. Emborsky- Yes the permissive referendum will take place first.
Question- Do you have a rough idea how much the easements will cost?
Mr. Emborsky- Estimated easement costs were included with the potential legal costs.
Question- Is there a line item or breakdown of those costs?
Supervisor Singer- There is no separate line item of those costs.
Question- Whenever I hear the word eminent domain it is not a good feeling. Is the Board considering or willing to use it?
Supervisor Singer- The district has to pass first. We would try to go around anyone that did not want to grant an easement. Eminent domain is not a process we would want to use.
Mr. Emborsky- The easement process is only allowing the right to construct, maintain and take care of any future repairs to the water line situated on the property. No other rights are given up for these easements.
Comment- Some of us have easements already on N Old West Lake Rd that go down through County Road 36 to the lake that could be used.
Supervisor Singer- Existing easements would be researched if the vote approves the proposed water district.
Mr. Emborsky- The mass title search would look for those types of situations.
Question- Is a private road something owned by somebody?
Mr. Emborsky- We wouldn’t know until we get to the title search phase.
Question- Do you define a private road as ownership?
Mr. Emborsky- Each piece of property is owned by someone somewhere; if you have a specific example I could look into it.
Question- Aren’t Southwest Shores or Pickerel Point defined as private roads?
Supervisor Singer- Yes, but the ownership may be set up differently for each of them.
Mr. Clark continued with the project cost overview.
Question- What is the interest rate for the bond?
Mr. Clark- 6.5% and the bond wouldn’t be in place until 2013.
Supervisor Singer- Those that hook up at the time of construction will not be charged a tapping fee. Future lines hooked up after the construction will be charged a tapping fee.
Question- Isn’t nine million the actual cost, not the four million?
Supervisor Singer- We are required to present construction costs for the referendum and we have to follow state laws. If you want to figure out the actual cost that’s fine; it’s basically the same as a mortgage on a home. The final cost of a home is different than the mortgage loan originally signed for.
Question- Can we publish the actual cost? I also looked for something after the last meeting and the minutes were not there to check.
Supervisor Singer- A good share of our meetings are put on-line. The Canadice on-line site is not an official website and we have a volunteer webmaster that updates things as his time allows. He has asked for someone to take over if anyone is interested. We are also researching different companies that manage official sites.
Question- Shouldn’t the Town Board invest in something for situations like this?
Supervisor Singer- The project overview and maps from the engineering firm were posted on the website after the last meeting.
Question- What is the $826 and $283 based on?
Mr. Clark- The $826 is based on the yearly principal and interest charge on the 4.24 million and the $283 is an average usage amount.
Mr. Emborsky- A mortgage is a good comparison; you normally look at what you are borrowing and monthly payments. Not what the total cost of the home will be after it is paid off.
Question- I’ve seen the $826 and $283 figures and the $1,109 figure, what applies if I don’t hook up?
Supervisor Singer- The $1,109 is the estimated cost if you connect to the water line, plus you would have construction costs of the line from your house to the water line. $826 is the debt reduction cost if you don’t hook into the water line.
Question- Is there an estimated cost to hook up? We are on the other side of the mobile home park; will a line come down to our area?
Supervisor Singer- That all depends on the distance that will be covered and the contractor you hire. One line will come down Ranch Road to the properties beyond the park.
Question- Will the $826 debt reduction be billed at one time or quarterly?
Supervisor Singer- It will be billed quarterly with the usage.
Comment- When the sewers went in we paid $56 per quarter and it wasn’t ever supposed to change. We pay $125 per quarter now. I think this is a good thing, but we shouldn’t think the cost is never going to change.
Supervisor Singer- The capital costs for the 30 years won’t change, but the usage costs will change over time. The $20 quarterly charge will be put in a reserve fund to help with maintenance costs down the road. We will be contracting with Richmond for operation and maintenance.
Question- Will there be fire hydrants?
Supervisor Singer- Yes.
Question- Is there a definition for a development parcel or vacant parcel?
Supervisor Singer- A developed parcel already has a dwelling on it whether it is seasonal or year round. A vacant parcel has to be a lot that can have a dwelling built on it. Parcels that can not have anything built on them are not included in the district and will not be assigned a benefit unit.
Question- It seems high, where does the interest rate of 6.5% come from?
Mr. Emborsky/Supervisor Singer- It is purposely high since we are estimating two years out.
Question- So what happens if the rate is higher in two years?
Mr. Emborsky- That would be a question for bond counsel.
Comment- With costs over $1,100, (higher at some point due to the water rates) our property values will go up which means the assessment and taxes will go up.
Supervisor Singer- The property values or assessments are driven by property sales so we can’t assign a value to those items in advance.
Question- Is the 30 year bond variable or fixed?
Supervisor Singer- Fixed.
Comment- So the $826 is fixed for 30 years. What will change is the $283 figure. So people shouldn’t mix up the two figures and inflate costs. If you look at your checking account to see what you pay for your water system now and compare it, the costs are not that high. I pay over $500 a year for routine maintenance.
Question- I agree on that point, but how can we expect costs to be the same in two years?
Mr. Clark- We took current costs and estimated what those costs would be two years from now. The costs were inflated by approximately 4% per year.
Mr. Emborsky- We have to go through the approval process and vote now. After the referendum if the project is approved, the State Comptroller has to approve the projected costs because it is above the low cost water district amount of $685. If we get to the construction phase and the costs are over the approved amount, the State Comptroller would have to review it again.
Mr. Clark continued with the project schedule. The next important date is Saturday August 20th for the permissive referendum vote from 8:00 am until 4:00 pm.
Question- Will there be absentee ballots?
Supervisor Singer- NYS law does not allow absentee ballots for this kind of vote. It must be voters present. We will mail out postcards again to remind everyone of the vote.
Question- I saw on one of the websites that NYC costs are lower than these projected costs, is that true?
Supervisor Singer- I don’t know what the charges are for NYC. A proposed water district for Lima is higher than our proposed district.
Question- Who is eligible to vote?
Supervisor Singer- All of the names that appear on the deed for the parcel are eligible to vote. But if you own more than one parcel you would only be able to vote once. The list will be used from County records
Mr. Emborsky- The titled owners can vote; a life-use person would not be able to vote.
Question-What is the bond rating and when are you going to apply for the bond?
Supervisor Singer- Bond anticipation notes are temporary bonds through construction and the 30 year bond would be secured some time in 2013. The bonds are not rated yet.
Question- Is there a bid process for the engineering?
Supervisor Singer- Yes, the bid process started over a year and a half to two years ago. Six firms submitted bids and we chose LaBella. We would go out for bid again for construction if the vote is approved.
Question- Has LaBella’s bid gone up during this portion of the process?
Supervisor Singer- No, there haven’t been any changes.
Question- Has the town given any consideration to making contractors register with the town?
Supervisor Singer- There is a permit process already. NYS and Town Law already require contractors to be registered, acquire permits and provide certificates of insurance.
Question- Is there a hydrant to drain out the water for seasonal properties?
Supervisor Singer- The main is deep enough; just the lines going into the home would need to be drained.
Comment- We have to do that on a well now, the home owner would be responsible for that.
Question- When would we begin paying for water, by the end of 2013?
Supervisor Singer- The first quarter of 2014 would probably be the first billing.
Question- Is there a penalty clause if the construction costs are above the projections? Would that language be included?
Supervisor Singer- There is no contract yet.
Councilman Virgil- They would be bound by that contract unless the scope of the work changes. That is standard contract language.
Question- Where will the water tower be?
Supervisor Singer- We are looking at the area near Cratsley Hill Road with a higher elevation to maintain the pressure. We haven’t determined the design of the tower or where the water lines will be constructed yet; other than down County Road 36. There are some estimated locations shown in the report and maps. Fire hydrants will be approximately every 500 feet. We don’t have a final design yet for the lines running off of County Road 36 and we haven’t purchased any property yet for the water tower.
Question- We have such a large source of fresh water, could someone explain to me why we are doing this water project?
Supervisor Singer- At the beginning of the meeting I went through a history of how we arrived at this point. Requests from property owners started the process. Lack of volume, lack of clean water/poor quality from the lake were all issues for some of the residents. The town is just facilitating through the process and bringing the information to residents. If they don’t want this option, the vote will be no.
Comment- A neighbor on Sunset had a well driller in this past week and were unable to get good water.
Question- Is there a number you are expecting for the vote and is there a quorum required?
Supervisor Singer- The voter list has not been printed yet and there is not a quorum required. Just a majority is needed.
Question- How many water districts has LaBella successfully completed?
Supervisor Singer- The RFP’s showed several water districts.
Councilman Virgil- During the bid process, everyone was qualified to provide this kind of work. We are very happy with their work so far.
Question- My four year old is on the deed can she vote?
Mr. Emborsky- I will have to check.
Supervisor Singer- FYI, with the loss of The Valley News it has been a challenge to get information out. Our legal obligation is to the Daily Messenger. We have started to utilize the Canandaigua Naples edition of the Genesee Valley Penny Saver. The Republican Caucus is Wednesday June 15th. Registration begins at 6:30 pm and the caucus begins at 7:00 pm.
Question- In reference to the post cards mailed out, what address is used?
Supervisor Singer- Post cards will be sent to the mailing address on record for your tax bills, or whatever address the town has on file for you. The project overview information regarding the proposed water district is on the Canadice on-line site in the destination box- “Canadice Proposed Water Project”. The vote will take place here at the Canadice Town Hall, from 8:00 am until 4:00 pm.
Comment- I would like to thank the Town Board for changing the vote to a Saturday.
Supervisor Singer- Thank you for bringing the suggestion up.
Question- How will we know who can vote?
Supervisor Singer- There will be a certified list here when you come in to vote. Election inspection people will be here to check people in before they vote.
Question- I have tried to ask why people are for or against the water district. Most people feel cost is the reason they would not vote for it. Could the Board post something showing costs of water filtration systems now as opposed to the water district costs?
Supervisor Singer- The Board is not allowed by law to influence the vote for or against when a referendum is brought forward. That type of information should be shared or researched by the property owners.
Comment- Something the Board may want to consider is to hire someone for the website. If the minutes were on-line, no one could dispute what happened at the meeting.
Supervisor Singer- The minutes are only an overview of what happened; they are not verbatim. They can and have been misconstrued. The Town Clerk has already been researching companies for an official website. The map, plan and report prepared by LaBella Associates, P.C. is on file in the Town Clerk’s office for viewing. The project overview is on-line and was posted after the May 9th meeting.
Mr. Emborsky- What needs to be clear is this Board has gone above and beyond what is required by law with legal notices to inform residents including the mailing of post cards, and the website. Even though it is a volunteer service for the website, they are finding more media to try and get the word out than is required.
Councilman Virgil- This water district only benefits a specific part of the town. The website is not a requirement. Also, the engineering costs are being shared town-wide currently. If the vote is no for the water district, everyone shares the burden of the costs not just the benefit district. The costs will only be charged to the benefit district if the vote passes.
Councilman O’Connor- This is the second time this request and proposed project has been researched for the residents. It will never be any cheaper.
Question- How wide are the easements for the lines coming off of the main line?
Mr. Clark- Typically 5 feet wide, 10 feet from the outside of the sewer line.
Comment- We appreciate the Board spending the time and money to bring the water district project forward for the people on the lake. Thanks.
Supervisor Singer thanked everyone for coming and took a brief break to allow those that wanted to leave exit the meeting room.
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to close the public hearing at approximately 9:00 pm after the brief break. (Approximately six guests/residents remained plus the Board.)
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
C. PRIVILEGE OF THE FLOOR: There was no one to be heard.
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 May 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 May was submitted (see T. C. file).
4. Planning Board- Mr. Theodore Mayhood.
a. The May draft minutes were submitted (see T.C. file).
b. Mr. Mayhood indicated the Sanford subdivision was approved and the Costanza preliminary site plan was accepted with the public hearing scheduled for the June meeting.
c. The Planning Board is still looking for members.
d. Mr. Mayhood is aware the Town Board is busy; however there are three items outstanding. He didn’t want the text amendment changes to the code and the Comprehensive Plan draft to be forgotten. Mr. Mayhood also inquired about the Timber Harvest Review recommendations. Supervisor Singer indicated it had been the consensus of the Board to leave the Timber Harvest regulation as is. One text amendment change to the code the Board was in agreement with and the second one hasn’t been resolved yet. The draft Comprehensive Plan has not been discussed again at this point.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. Mrs. Diane Horning indicated there had not been a ZBA meeting.
6. Highway Superintendent- Mr. Bruce Longbine.
a. Oil & stoning as weather permits and we are working on Luckenbach Hill Road.
b. After some discussion, Councilman Virgil motioned, Councilman Durkee seconded, and it was unanimously carried to approve the motion for a bid of $3,600 from Bob Streb Welding for repairs to the columns at the Highway Department plus approximately $2200 for the door.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
c. Councilman O’Connor asked about the Connors Paving damage. Superintendent Longbine indicated that we fixed our own truck and it was a bent spreader plate on their truck.
7. Hemlock-Canadice State Forest-
a. Supervisor Singer mentioned the notification by DEC regarding removal of boats on Canadice and Hemlock Lakes. Anyone that stores a boat there will have until the end of July before DEC takes further action.
8. Honeoye Lake Watershed Research Taskforce Liaison- Councilman Hershey.
a. Stream surveys are completed. Supervisor Singer indicated that Mr. Kris Hughes is checking into the possibility of using some of the funds for local law review towards other measures within the scope of the project.
9. Assessor- Ms. Valary Muscarella.
a. The written report for the month of May was submitted (see T. C. file).
10. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of May was submitted (see T.C. file).
Councilman Virgil 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
F. UNFINISHED BUSINESS:
1. Resolution Number 34 of 2011 – Resolution Of No Negative Environmental Impacts Resulting Directly From The Creation Of Canadice Water District #1 And Determination Of Non-Significance For The Proposed Water District of The Town Of Canadice
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 Town Board of the Town of Canadice having upon its own motion without a petition, pursuant to article 12-A of the New York State Town Law, moved to create and establish Canadice Water District #1, which would include certain real property located wholly in the Town of Canadice, County of Ontario, and State of New York; and
WHEREAS, Said action is an unlisted action pursuant to 6NYCRR 617; and
WHEREAS, In accordance with said regulations this Board, acting as lead agency conducted a hearing to entertain comments pertaining to a creation of Canadice Water District #1; and
WHEREAS, No negative comments were presented at said hearing held on June 13, 2011; now, therefore, be it
RESOLVED, That this Board declares there will be no negative environmental impacts resulting directly from the creation of Canadice Water District #1.
2. Resolution Number 35 of 2011 – Resolution Regarding The Formation Of The West Lake Road/Co Rd 36 Water District (A/K/A “Canadice Water District #1”)
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 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/Co Rd 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, The Town Board, acting on behalf of the West Lake Road/Co Rd 36 Water District having directed that the Town Engineer prepare a map, plan and report with respect to the proposed district; and
WHEREAS, The real property that will be located in the district is more particularly described in the engineer’s map, plan and report filed in the Canadice Town Clerk’s Office; and
WHEREAS, The Town Board having previously complied with the relevant provisions of SEQR; and
WHEREAS, After due notice to the owners of property within the proposed district, a public informational meeting was held by the Town Board on May 7, 2011 at the Honeoye Central School at 11:00 A.M. to give information and receive input from the benefited property owners; and
WHEREAS, A public hearing having been held on the 13th day of June, at 7:30 pm at the Canadice Town Hall located at 5949 County Road 37, Springwater, New York 14560, with respect to the establishment and construction of the proposed water district, to include the property noted in the map, plan and report filed in the Canadice Town Clerk’s Office and as more particularly described in the map, plan and report on file in the Canadice Town Clerk’s Office, in the Town of Canadice, County of Ontario and State of New York; and
WHEREAS, The Board having given due consideration to the testimony and evidence given at the public hearing; and
WHEREAS, A copy of the map, plan and report describing the proposed district boundaries and the improvements to be constructed therein was available for the public inspection at the Canadice Town Clerk’s Office and at the public hearing;
NOW, THEREFORE, BE IT RESOLVED,
1. That the notice of hearing was published and posted as required by law, and is otherwise sufficient;
2. That all of the property and property owners within the proposed district are benefited thereby;
3. That all of the property and property owners benefited by the district are included within the limits of the proposed district; and
4. That it is in the public interest to form the district as set forth; and it is further
RESOLVED, That the establishment of the water district and construction of the improvements contemplated therein is hereby approved by the Town Board as indicated below, and that said resolution and approval shall be subject to permissive referendum in the manner provided in Article 7 of Chapter 62 of the Town Law; and, it is further
RESOLVED, That pursuant to Town Law §94, the Town Board, upon its own motion, hereby causes the issue of establishment and construction of the water district to be submitted for the approval of the electors, as if a petition was filed seeking a referendum on the matter, and, it is hereby
RESOLVED, That the Town Clerk is directed to file a certified copy of this Order in the Ontario County Clerk’s Office and provide certified copies of this Order for filing in the Office of the New York State Comptroller after the referendum has been completed.
The question of the adoption of the foregoing Resolutions and Order was duly submitted for approval by vote of the Canadice Town Board on Monday June 13, 2011, and recorded as follows:
Vote of the Board: Supervisor Kristine Singer Aye,
Councilman Michael Virgil Aye,
Councilman Leland Durkee Aye,
Councilman John O'Connor Aye,
Councilman Bill Hershey Aye.
G. NEW BUSINESS:
1. Resolution Number 36 of 2011 – Authorization To Execute Municipal Accounting Software Support Contract With Williamson Law Book Company
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board purchased the Municipal Accounting Software Program from Williamson Law Book Company in 1998; and
WHEREAS, The software support is an annual renewable contract, at a rate of $825.00 for 2011; and
WHEREAS, The Budget Officer recommends 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 with the executed contract to Williamson Law Book Company with the contract fee and retain a copy in the Town files.
2. Resolution Number 37 of 2011 – Authorization To Execute Mowing Contract With Ontario County
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, Ontario County desires to continue having the Town of Canadice mow the roadsides along designated County roads within the Town; and
WHEREAS, Canadice Highway Superintendent Bruce Longbine, and this Board agree with the renewal of the terms set forth in the contract presented for the 2011 season; now, therefore, be it
RESOLVED, That this Board gives authorization to the Supervisor to execute the contract renewal containing the same terms as the 2008 contract; and, be it further
RESOLVED, That the Clerk of this Board send the signed copy of the renewal agreement along with a certified copy of this resolution to William Wright, Commissioner of Public Works; and, be it further
RESOLVED, That the Clerk of this Board send a copy of the executed agreement and a copy of this resolution to Bruce Longbine, Canadice Highway Superintendent and retain a copy of said agreement for Town records.
3. Resolution Number 38 of 2011 – Resolution Authorizing The Execution And Delivery Of A Lease Purchase Agreement And Related Instruments With Real Lease, Inc. And Determining Other Matters In Connection Therewith
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 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.
4. Highway DBL Position- Mr. Paul Lead is out of work four to six months. Supervisor Singer and Superintendent Longbine indicated they had received an application from Mr. Aaron Mann and felt he could fill the temporary disability position (classification is an MEO light) if approved. Councilman Virgil asked if we had advertised for the position. Supervisor Singer indicated Mr. Mann had already provided an application to Superintendent Longbine. The Board has to approve a temporary DBL position, but the Highway Superintendent can hire at his discretion.
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to approve the DBL position.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
5. 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:
ABSTRACT #6
General Account Voucher #137 to #179 $ 16,017.68
Highway Account Voucher #084 to #098 $ 43,225.54
Trust & Agency Voucher #03 $ 1,197.49
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
H. PRIVILEGE OF THE FLOOR:
1. Councilman O’Connor asked what we received for the backhoe; Supervisor Singer indicated $52,700.
2. Councilman O’Connor reported on the stop sign project. He spoke with Mr. Glenn Thornton, PE and Mr. Thornton will have a proposal prepared for the next meeting.
3. Councilman O’Connor mentioned the tribute that was held in Hemlock to honor U.S. Army Sgt. Devin Snyder as her body was transported home. Superintendent Longbine indicated the procession took three hours and all the towns they drove through had similar tributes.
4. Mr. Mayhood let everyone know Mr. Harley Hayward passed away Sunday.
5. Mr. Thomas Zedick approached the Board in regards to the process he has been through to build a garage on his property. After some discussion, he asked the Town Board to pass a motion to accept another application before November. Supervisor Singer indicated the Board can’t and won’t supersede the law and they do not get involved or influence the ZBA or PB decisions. A building permit could be issued, but if the construction does not meet the set backs the variance can not be applied for until after November. It was recommended he meet with the CEO.
6. Mr. Mann thanked the Board for their time. Mr. Zedick also thanked the Board.
I. ADJOURNMENT TO EXECUTIVE SESSION:
Councilman Virgil motioned, Councilman Durkee seconded, and it was unanimously carried to adjourn to executive session for labor and personnel issues at 10:06 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 the meeting at 10:20 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
J. ADJOURNMENT:
Councilman O’Connor motioned, Councilman Virgil seconded, and it was unanimously carried to adjourn the meeting at 10:23 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 June 13, 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: Approximately fifty (50) guests/residents attended the Regular Town Board Meeting.
3. Salute to the Flag.
4. Approval of May 7, 2011 Informational 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 O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to approve the minutes of the May 7, 2011 Informational Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Approval of May 9, 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 May 9, 2011 Regular Town Board Meeting.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
B. PUBLIC HEARING TO ENTERTAIN COMMENTS PERTAINING TO THE CREATION OF CANADICE WATER DISTRICT #1 SUBJECT TO REFERENDUM:
Supervisor Singer opened the meeting with a brief overview. In 2000 a joint water project was brought forward by Richmond. That vote was not approved by Richmond and never made it to Canadice. In 2001 Canadice went forward with a possible proposal when residents requested it. Research was done to find a suitable place for a well; however the project went no further. Now there is a sufficient source from the City of Rochester water supply. Over the years we have been approached by residents to look in to the situation again, especially with the algae issues on Honeoye Lake. The Board has no vested interest and therefore felt a referendum by the individuals along the area in question was the best way for the decision to be reached. Also National Fuel has been contacted and Supervisor Singer will continue to pursue natural gas even if the water district is not approved.
Mr. Kevin Clark from Labella & Associates P.C. presented the basic information and maps showing the boundary lines of the proposed district. Supervisor Singer indicated the main line will be constructed along County Road 36, however at this time we do not know where the individual lines going to the properties will be located.
Question- Is there only one district instead of two?
Supervisor Singer- There will be one district. Two districts were proposed in order to apply for grant funds that would have been tied to income surveys. We did not receive enough surveys to apply for those funds and reverted to proposing one district.
Question- With over two hundred easements needed, what if someone refuses to allow an easement on their property?
Mr. Andrew Emborsky (attorney for this project) - The Town will try to place the easement within the right-of-way if someone refuses to allow one. Other landowners might be approached if the easement could be directed another way. We would make every effort to find a solution.
Question- Will the vote take place before easements are secured?
Mr. Emborsky- Yes the permissive referendum will take place first.
Question- Do you have a rough idea how much the easements will cost?
Mr. Emborsky- Estimated easement costs were included with the potential legal costs.
Question- Is there a line item or breakdown of those costs?
Supervisor Singer- There is no separate line item of those costs.
Question- Whenever I hear the word eminent domain it is not a good feeling. Is the Board considering or willing to use it?
Supervisor Singer- The district has to pass first. We would try to go around anyone that did not want to grant an easement. Eminent domain is not a process we would want to use.
Mr. Emborsky- The easement process is only allowing the right to construct, maintain and take care of any future repairs to the water line situated on the property. No other rights are given up for these easements.
Comment- Some of us have easements already on N Old West Lake Rd that go down through County Road 36 to the lake that could be used.
Supervisor Singer- Existing easements would be researched if the vote approves the proposed water district.
Mr. Emborsky- The mass title search would look for those types of situations.
Question- Is a private road something owned by somebody?
Mr. Emborsky- We wouldn’t know until we get to the title search phase.
Question- Do you define a private road as ownership?
Mr. Emborsky- Each piece of property is owned by someone somewhere; if you have a specific example I could look into it.
Question- Aren’t Southwest Shores or Pickerel Point defined as private roads?
Supervisor Singer- Yes, but the ownership may be set up differently for each of them.
Mr. Clark continued with the project cost overview.
Question- What is the interest rate for the bond?
Mr. Clark- 6.5% and the bond wouldn’t be in place until 2013.
Supervisor Singer- Those that hook up at the time of construction will not be charged a tapping fee. Future lines hooked up after the construction will be charged a tapping fee.
Question- Isn’t nine million the actual cost, not the four million?
Supervisor Singer- We are required to present construction costs for the referendum and we have to follow state laws. If you want to figure out the actual cost that’s fine; it’s basically the same as a mortgage on a home. The final cost of a home is different than the mortgage loan originally signed for.
Question- Can we publish the actual cost? I also looked for something after the last meeting and the minutes were not there to check.
Supervisor Singer- A good share of our meetings are put on-line. The Canadice on-line site is not an official website and we have a volunteer webmaster that updates things as his time allows. He has asked for someone to take over if anyone is interested. We are also researching different companies that manage official sites.
Question- Shouldn’t the Town Board invest in something for situations like this?
Supervisor Singer- The project overview and maps from the engineering firm were posted on the website after the last meeting.
Question- What is the $826 and $283 based on?
Mr. Clark- The $826 is based on the yearly principal and interest charge on the 4.24 million and the $283 is an average usage amount.
Mr. Emborsky- A mortgage is a good comparison; you normally look at what you are borrowing and monthly payments. Not what the total cost of the home will be after it is paid off.
Question- I’ve seen the $826 and $283 figures and the $1,109 figure, what applies if I don’t hook up?
Supervisor Singer- The $1,109 is the estimated cost if you connect to the water line, plus you would have construction costs of the line from your house to the water line. $826 is the debt reduction cost if you don’t hook into the water line.
Question- Is there an estimated cost to hook up? We are on the other side of the mobile home park; will a line come down to our area?
Supervisor Singer- That all depends on the distance that will be covered and the contractor you hire. One line will come down Ranch Road to the properties beyond the park.
Question- Will the $826 debt reduction be billed at one time or quarterly?
Supervisor Singer- It will be billed quarterly with the usage.
Comment- When the sewers went in we paid $56 per quarter and it wasn’t ever supposed to change. We pay $125 per quarter now. I think this is a good thing, but we shouldn’t think the cost is never going to change.
Supervisor Singer- The capital costs for the 30 years won’t change, but the usage costs will change over time. The $20 quarterly charge will be put in a reserve fund to help with maintenance costs down the road. We will be contracting with Richmond for operation and maintenance.
Question- Will there be fire hydrants?
Supervisor Singer- Yes.
Question- Is there a definition for a development parcel or vacant parcel?
Supervisor Singer- A developed parcel already has a dwelling on it whether it is seasonal or year round. A vacant parcel has to be a lot that can have a dwelling built on it. Parcels that can not have anything built on them are not included in the district and will not be assigned a benefit unit.
Question- It seems high, where does the interest rate of 6.5% come from?
Mr. Emborsky/Supervisor Singer- It is purposely high since we are estimating two years out.
Question- So what happens if the rate is higher in two years?
Mr. Emborsky- That would be a question for bond counsel.
Comment- With costs over $1,100, (higher at some point due to the water rates) our property values will go up which means the assessment and taxes will go up.
Supervisor Singer- The property values or assessments are driven by property sales so we can’t assign a value to those items in advance.
Question- Is the 30 year bond variable or fixed?
Supervisor Singer- Fixed.
Comment- So the $826 is fixed for 30 years. What will change is the $283 figure. So people shouldn’t mix up the two figures and inflate costs. If you look at your checking account to see what you pay for your water system now and compare it, the costs are not that high. I pay over $500 a year for routine maintenance.
Question- I agree on that point, but how can we expect costs to be the same in two years?
Mr. Clark- We took current costs and estimated what those costs would be two years from now. The costs were inflated by approximately 4% per year.
Mr. Emborsky- We have to go through the approval process and vote now. After the referendum if the project is approved, the State Comptroller has to approve the projected costs because it is above the low cost water district amount of $685. If we get to the construction phase and the costs are over the approved amount, the State Comptroller would have to review it again.
Mr. Clark continued with the project schedule. The next important date is Saturday August 20th for the permissive referendum vote from 8:00 am until 4:00 pm.
Question- Will there be absentee ballots?
Supervisor Singer- NYS law does not allow absentee ballots for this kind of vote. It must be voters present. We will mail out postcards again to remind everyone of the vote.
Question- I saw on one of the websites that NYC costs are lower than these projected costs, is that true?
Supervisor Singer- I don’t know what the charges are for NYC. A proposed water district for Lima is higher than our proposed district.
Question- Who is eligible to vote?
Supervisor Singer- All of the names that appear on the deed for the parcel are eligible to vote. But if you own more than one parcel you would only be able to vote once. The list will be used from County records
Mr. Emborsky- The titled owners can vote; a life-use person would not be able to vote.
Question-What is the bond rating and when are you going to apply for the bond?
Supervisor Singer- Bond anticipation notes are temporary bonds through construction and the 30 year bond would be secured some time in 2013. The bonds are not rated yet.
Question- Is there a bid process for the engineering?
Supervisor Singer- Yes, the bid process started over a year and a half to two years ago. Six firms submitted bids and we chose LaBella. We would go out for bid again for construction if the vote is approved.
Question- Has LaBella’s bid gone up during this portion of the process?
Supervisor Singer- No, there haven’t been any changes.
Question- Has the town given any consideration to making contractors register with the town?
Supervisor Singer- There is a permit process already. NYS and Town Law already require contractors to be registered, acquire permits and provide certificates of insurance.
Question- Is there a hydrant to drain out the water for seasonal properties?
Supervisor Singer- The main is deep enough; just the lines going into the home would need to be drained.
Comment- We have to do that on a well now, the home owner would be responsible for that.
Question- When would we begin paying for water, by the end of 2013?
Supervisor Singer- The first quarter of 2014 would probably be the first billing.
Question- Is there a penalty clause if the construction costs are above the projections? Would that language be included?
Supervisor Singer- There is no contract yet.
Councilman Virgil- They would be bound by that contract unless the scope of the work changes. That is standard contract language.
Question- Where will the water tower be?
Supervisor Singer- We are looking at the area near Cratsley Hill Road with a higher elevation to maintain the pressure. We haven’t determined the design of the tower or where the water lines will be constructed yet; other than down County Road 36. There are some estimated locations shown in the report and maps. Fire hydrants will be approximately every 500 feet. We don’t have a final design yet for the lines running off of County Road 36 and we haven’t purchased any property yet for the water tower.
Question- We have such a large source of fresh water, could someone explain to me why we are doing this water project?
Supervisor Singer- At the beginning of the meeting I went through a history of how we arrived at this point. Requests from property owners started the process. Lack of volume, lack of clean water/poor quality from the lake were all issues for some of the residents. The town is just facilitating through the process and bringing the information to residents. If they don’t want this option, the vote will be no.
Comment- A neighbor on Sunset had a well driller in this past week and were unable to get good water.
Question- Is there a number you are expecting for the vote and is there a quorum required?
Supervisor Singer- The voter list has not been printed yet and there is not a quorum required. Just a majority is needed.
Question- How many water districts has LaBella successfully completed?
Supervisor Singer- The RFP’s showed several water districts.
Councilman Virgil- During the bid process, everyone was qualified to provide this kind of work. We are very happy with their work so far.
Question- My four year old is on the deed can she vote?
Mr. Emborsky- I will have to check.
Supervisor Singer- FYI, with the loss of The Valley News it has been a challenge to get information out. Our legal obligation is to the Daily Messenger. We have started to utilize the Canandaigua Naples edition of the Genesee Valley Penny Saver. The Republican Caucus is Wednesday June 15th. Registration begins at 6:30 pm and the caucus begins at 7:00 pm.
Question- In reference to the post cards mailed out, what address is used?
Supervisor Singer- Post cards will be sent to the mailing address on record for your tax bills, or whatever address the town has on file for you. The project overview information regarding the proposed water district is on the Canadice on-line site in the destination box- “Canadice Proposed Water Project”. The vote will take place here at the Canadice Town Hall, from 8:00 am until 4:00 pm.
Comment- I would like to thank the Town Board for changing the vote to a Saturday.
Supervisor Singer- Thank you for bringing the suggestion up.
Question- How will we know who can vote?
Supervisor Singer- There will be a certified list here when you come in to vote. Election inspection people will be here to check people in before they vote.
Question- I have tried to ask why people are for or against the water district. Most people feel cost is the reason they would not vote for it. Could the Board post something showing costs of water filtration systems now as opposed to the water district costs?
Supervisor Singer- The Board is not allowed by law to influence the vote for or against when a referendum is brought forward. That type of information should be shared or researched by the property owners.
Comment- Something the Board may want to consider is to hire someone for the website. If the minutes were on-line, no one could dispute what happened at the meeting.
Supervisor Singer- The minutes are only an overview of what happened; they are not verbatim. They can and have been misconstrued. The Town Clerk has already been researching companies for an official website. The map, plan and report prepared by LaBella Associates, P.C. is on file in the Town Clerk’s office for viewing. The project overview is on-line and was posted after the May 9th meeting.
Mr. Emborsky- What needs to be clear is this Board has gone above and beyond what is required by law with legal notices to inform residents including the mailing of post cards, and the website. Even though it is a volunteer service for the website, they are finding more media to try and get the word out than is required.
Councilman Virgil- This water district only benefits a specific part of the town. The website is not a requirement. Also, the engineering costs are being shared town-wide currently. If the vote is no for the water district, everyone shares the burden of the costs not just the benefit district. The costs will only be charged to the benefit district if the vote passes.
Councilman O’Connor- This is the second time this request and proposed project has been researched for the residents. It will never be any cheaper.
Question- How wide are the easements for the lines coming off of the main line?
Mr. Clark- Typically 5 feet wide, 10 feet from the outside of the sewer line.
Comment- We appreciate the Board spending the time and money to bring the water district project forward for the people on the lake. Thanks.
Supervisor Singer thanked everyone for coming and took a brief break to allow those that wanted to leave exit the meeting room.
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to close the public hearing at approximately 9:00 pm after the brief break. (Approximately six guests/residents remained plus the Board.)
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
C. PRIVILEGE OF THE FLOOR: There was no one to be heard.
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 May 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 May was submitted (see T. C. file).
4. Planning Board- Mr. Theodore Mayhood.
a. The May draft minutes were submitted (see T.C. file).
b. Mr. Mayhood indicated the Sanford subdivision was approved and the Costanza preliminary site plan was accepted with the public hearing scheduled for the June meeting.
c. The Planning Board is still looking for members.
d. Mr. Mayhood is aware the Town Board is busy; however there are three items outstanding. He didn’t want the text amendment changes to the code and the Comprehensive Plan draft to be forgotten. Mr. Mayhood also inquired about the Timber Harvest Review recommendations. Supervisor Singer indicated it had been the consensus of the Board to leave the Timber Harvest regulation as is. One text amendment change to the code the Board was in agreement with and the second one hasn’t been resolved yet. The draft Comprehensive Plan has not been discussed again at this point.
5. Zoning Board of Appeals- Mrs. Linda Moorhouse.
a. Mrs. Diane Horning indicated there had not been a ZBA meeting.
6. Highway Superintendent- Mr. Bruce Longbine.
a. Oil & stoning as weather permits and we are working on Luckenbach Hill Road.
b. After some discussion, Councilman Virgil motioned, Councilman Durkee seconded, and it was unanimously carried to approve the motion for a bid of $3,600 from Bob Streb Welding for repairs to the columns at the Highway Department plus approximately $2200 for the door.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
c. Councilman O’Connor asked about the Connors Paving damage. Superintendent Longbine indicated that we fixed our own truck and it was a bent spreader plate on their truck.
7. Hemlock-Canadice State Forest-
a. Supervisor Singer mentioned the notification by DEC regarding removal of boats on Canadice and Hemlock Lakes. Anyone that stores a boat there will have until the end of July before DEC takes further action.
8. Honeoye Lake Watershed Research Taskforce Liaison- Councilman Hershey.
a. Stream surveys are completed. Supervisor Singer indicated that Mr. Kris Hughes is checking into the possibility of using some of the funds for local law review towards other measures within the scope of the project.
9. Assessor- Ms. Valary Muscarella.
a. The written report for the month of May was submitted (see T. C. file).
10. Supervisor- Ms. Kristine Singer.
a. The financial report for the month of May was submitted (see T.C. file).
Councilman Virgil 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
F. UNFINISHED BUSINESS:
1. Resolution Number 34 of 2011 – Resolution Of No Negative Environmental Impacts Resulting Directly From The Creation Of Canadice Water District #1 And Determination Of Non-Significance For The Proposed Water District of The Town Of Canadice
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 Town Board of the Town of Canadice having upon its own motion without a petition, pursuant to article 12-A of the New York State Town Law, moved to create and establish Canadice Water District #1, which would include certain real property located wholly in the Town of Canadice, County of Ontario, and State of New York; and
WHEREAS, Said action is an unlisted action pursuant to 6NYCRR 617; and
WHEREAS, In accordance with said regulations this Board, acting as lead agency conducted a hearing to entertain comments pertaining to a creation of Canadice Water District #1; and
WHEREAS, No negative comments were presented at said hearing held on June 13, 2011; now, therefore, be it
RESOLVED, That this Board declares there will be no negative environmental impacts resulting directly from the creation of Canadice Water District #1.
2. Resolution Number 35 of 2011 – Resolution Regarding The Formation Of The West Lake Road/Co Rd 36 Water District (A/K/A “Canadice Water District #1”)
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 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/Co Rd 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, The Town Board, acting on behalf of the West Lake Road/Co Rd 36 Water District having directed that the Town Engineer prepare a map, plan and report with respect to the proposed district; and
WHEREAS, The real property that will be located in the district is more particularly described in the engineer’s map, plan and report filed in the Canadice Town Clerk’s Office; and
WHEREAS, The Town Board having previously complied with the relevant provisions of SEQR; and
WHEREAS, After due notice to the owners of property within the proposed district, a public informational meeting was held by the Town Board on May 7, 2011 at the Honeoye Central School at 11:00 A.M. to give information and receive input from the benefited property owners; and
WHEREAS, A public hearing having been held on the 13th day of June, at 7:30 pm at the Canadice Town Hall located at 5949 County Road 37, Springwater, New York 14560, with respect to the establishment and construction of the proposed water district, to include the property noted in the map, plan and report filed in the Canadice Town Clerk’s Office and as more particularly described in the map, plan and report on file in the Canadice Town Clerk’s Office, in the Town of Canadice, County of Ontario and State of New York; and
WHEREAS, The Board having given due consideration to the testimony and evidence given at the public hearing; and
WHEREAS, A copy of the map, plan and report describing the proposed district boundaries and the improvements to be constructed therein was available for the public inspection at the Canadice Town Clerk’s Office and at the public hearing;
NOW, THEREFORE, BE IT RESOLVED,
1. That the notice of hearing was published and posted as required by law, and is otherwise sufficient;
2. That all of the property and property owners within the proposed district are benefited thereby;
3. That all of the property and property owners benefited by the district are included within the limits of the proposed district; and
4. That it is in the public interest to form the district as set forth; and it is further
RESOLVED, That the establishment of the water district and construction of the improvements contemplated therein is hereby approved by the Town Board as indicated below, and that said resolution and approval shall be subject to permissive referendum in the manner provided in Article 7 of Chapter 62 of the Town Law; and, it is further
RESOLVED, That pursuant to Town Law §94, the Town Board, upon its own motion, hereby causes the issue of establishment and construction of the water district to be submitted for the approval of the electors, as if a petition was filed seeking a referendum on the matter, and, it is hereby
RESOLVED, That the Town Clerk is directed to file a certified copy of this Order in the Ontario County Clerk’s Office and provide certified copies of this Order for filing in the Office of the New York State Comptroller after the referendum has been completed.
The question of the adoption of the foregoing Resolutions and Order was duly submitted for approval by vote of the Canadice Town Board on Monday June 13, 2011, and recorded as follows:
Vote of the Board: Supervisor Kristine Singer Aye,
Councilman Michael Virgil Aye,
Councilman Leland Durkee Aye,
Councilman John O'Connor Aye,
Councilman Bill Hershey Aye.
G. NEW BUSINESS:
1. Resolution Number 36 of 2011 – Authorization To Execute Municipal Accounting Software Support Contract With Williamson Law Book Company
Councilman O’Connor motioned, Councilman Durkee seconded, and it was unanimously carried to approve the resolution.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
WHEREAS, This Board purchased the Municipal Accounting Software Program from Williamson Law Book Company in 1998; and
WHEREAS, The software support is an annual renewable contract, at a rate of $825.00 for 2011; and
WHEREAS, The Budget Officer recommends 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 with the executed contract to Williamson Law Book Company with the contract fee and retain a copy in the Town files.
2. Resolution Number 37 of 2011 – Authorization To Execute Mowing Contract With Ontario County
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, Ontario County desires to continue having the Town of Canadice mow the roadsides along designated County roads within the Town; and
WHEREAS, Canadice Highway Superintendent Bruce Longbine, and this Board agree with the renewal of the terms set forth in the contract presented for the 2011 season; now, therefore, be it
RESOLVED, That this Board gives authorization to the Supervisor to execute the contract renewal containing the same terms as the 2008 contract; and, be it further
RESOLVED, That the Clerk of this Board send the signed copy of the renewal agreement along with a certified copy of this resolution to William Wright, Commissioner of Public Works; and, be it further
RESOLVED, That the Clerk of this Board send a copy of the executed agreement and a copy of this resolution to Bruce Longbine, Canadice Highway Superintendent and retain a copy of said agreement for Town records.
3. Resolution Number 38 of 2011 – Resolution Authorizing The Execution And Delivery Of A Lease Purchase Agreement And Related Instruments With Real Lease, Inc. And Determining Other Matters In Connection Therewith
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 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.
4. Highway DBL Position- Mr. Paul Lead is out of work four to six months. Supervisor Singer and Superintendent Longbine indicated they had received an application from Mr. Aaron Mann and felt he could fill the temporary disability position (classification is an MEO light) if approved. Councilman Virgil asked if we had advertised for the position. Supervisor Singer indicated Mr. Mann had already provided an application to Superintendent Longbine. The Board has to approve a temporary DBL position, but the Highway Superintendent can hire at his discretion.
Councilman Durkee motioned, Councilman Virgil seconded, and it was unanimously carried to approve the DBL position.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
5. 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:
ABSTRACT #6
General Account Voucher #137 to #179 $ 16,017.68
Highway Account Voucher #084 to #098 $ 43,225.54
Trust & Agency Voucher #03 $ 1,197.49
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
H. PRIVILEGE OF THE FLOOR:
1. Councilman O’Connor asked what we received for the backhoe; Supervisor Singer indicated $52,700.
2. Councilman O’Connor reported on the stop sign project. He spoke with Mr. Glenn Thornton, PE and Mr. Thornton will have a proposal prepared for the next meeting.
3. Councilman O’Connor mentioned the tribute that was held in Hemlock to honor U.S. Army Sgt. Devin Snyder as her body was transported home. Superintendent Longbine indicated the procession took three hours and all the towns they drove through had similar tributes.
4. Mr. Mayhood let everyone know Mr. Harley Hayward passed away Sunday.
5. Mr. Thomas Zedick approached the Board in regards to the process he has been through to build a garage on his property. After some discussion, he asked the Town Board to pass a motion to accept another application before November. Supervisor Singer indicated the Board can’t and won’t supersede the law and they do not get involved or influence the ZBA or PB decisions. A building permit could be issued, but if the construction does not meet the set backs the variance can not be applied for until after November. It was recommended he meet with the CEO.
6. Mr. Mann thanked the Board for their time. Mr. Zedick also thanked the Board.
I. ADJOURNMENT TO EXECUTIVE SESSION:
Councilman Virgil motioned, Councilman Durkee seconded, and it was unanimously carried to adjourn to executive session for labor and personnel issues at 10:06 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 the meeting at 10:20 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
J. ADJOURNMENT:
Councilman O’Connor motioned, Councilman Virgil seconded, and it was unanimously carried to adjourn the meeting at 10:23 pm.
APPROVED Ayes 5 Singer, Virgil, Durkee, O’Connor, Hershey
Nays 0
Respectfully submitted, ___________________________ Eileen Schaefer, Town Clerk