Huron Town Board Minutes - subject to approval.
Regular Meeting January 17, 2012
Call to Order
Regular Meeting of the Huron Town Board was called to order by Supervisor Laurie Crane at the Huron Town Hall on January 17, 2012, at 7:00 p.m.
Flag Salute
Supervisor Crane led the flag salute.
Roll Call
Upon roll call the following members were present: Supervisor Laurie Crane, Councilmembers David Buisch, Alan Traister, Russell Teeple and Lois Buckalew.
Welcome
Supervisor Crane welcomed everyone.
Announcements
Public Hearing on the Town of Huron Master Plan draft at 7:30 p.m.
Public Participation
Dennis Wigfield, Fire Chief, North Rose Fire Department thanked Supervisor Crane for giving him time to address the Town Board. Prompted by a desire to open the lines of communication with the Town, Chief Wigfield presented a copy of the 2011 annual report of the North Rose Fire Station activities: There were a total of 431 alarms, the majority of which involved Emergency Medical Service responses. He discussed other issues - the new web site northrosefire.com; acquisition of a used fire engine purchased from the Lincoln Fire Department and community activity promoting and participating in a fundraiser walk for breast cancer research. Councilmember Buckalew commended him on the report, indicating it was the first ever presented to the Town Board. In response to Councilmember Teeple's query about a similar breakdown of services provided the Town by the Wolcott Fire Department and the Alton Fire Department, Chief Wigfield indicated it was something currently being pursued. Supervisor Crane asked if she should notify him when there are problems with hydrants in our area. Chief Wigfield indicated it would not be necessary since the Wayne County Water and Sewer Authority kept them informed of all irregularities. The Board thanked Chief Wigfield for his time.
Correspondence
The following correspondence was received and filed:
1. A letter from Connelly's Cove Restaurant notifying the Town Clerk
of their intent to renew their seasonal liquor license for 2012.
2. A reminder of a Free Seminar hosted by Stuart Brown Associates on Thursday
January 26, 2012.
3. An email from Judy Gravino (District Director WCTCA) regarding legislation passed
on new posting requirements for board meetings effective February 2012.
4. A phone call and email from John Kenney (Internal Revenue) to Town Clerk in
regards to the use of the Town Hall meeting room for a public auction to be held
on February 28, 2012 from 10-12.
5. A letter from Association of Towns in regards to 2012 Training School and Annual
Meeting.
6. A letter from Stu Brown Associates in regards to 2011-2012 Local Grants Efficiency
Program.
7. A letter from Mercy Flight Central for the contribution the Town made.
8. A letter to Supervisor Crane in regards to the Prison Policy Initiative.
9. Letter from MRB Group to Sheryl Robbins (NYS Health Dept) in regards to Partial
Approval of Completed Works for Water District #7.
Receive and File Correspondence
Discussion: No. 3 e-mail correspondence - Attorney Knauf stated that the Town has already started to comply with the new legislation regarding posting requirements for board meetings.
Service Recognition
Supervisor Crane acknowledged Phil Sutton (retiree), Judi Buckalew and David Scudder with certificates recognizing their respective years of service to the Town.
RESOLUTION #13-2012
Delegate to Association of Towns Meeting
On motion of Councilmember Teeple, seconded by Councilmember Buckalew the following resolution was VOTE- AYES 5 NAYS 0.
RESOLVED, to appoint Attorney Alan Knauf as delegate to the Associations of Towns meeting for our Town. All in favor of motion.
Greenwood Lake Workshop
The workshop is still in the planning stage. Building Inspector Gallant is working with the committee.
Quote for Building Addition/Roof Repair
The funds (held in reserve) for the project have been approved. The work contract cannot be awarded to the Amish workers since the Town is subject to workers compensation insurance coverage requirements which they cannot satisfy. Attorney Knauf advised the Board to rebid the project. Building Inspector Gallant will solicit bids for the roof repair with the extended overhang.
Open and Close Public Hearing for Town of Huron Master Plan
Supervisor Crane opened the Public Hearing on the Town of Huron Master Plan draft at 7:30 p.m.. Councilmember Teeple moved, seconded by Councilmember Traister to close the public hearing at 8:26 p.m.
Consultant George Frantz opened the discussion highlighting some recommended changes:
•· Future land use: Recommend the Shaker Heights area will remain designated R-15000 (medium density).
•· Wind power for residential, business and farm use: By Special Permit - should meet minimum setback requirements and standards for lighting and height.
•· Large scale commercial wind turbines: Subject to further investigation.
•· Federal and State Housing grant funds: The Town should take advantage of funds for upgrades of low-income housing properties whenever feasible.
•· Economic Development: Tourism based business opportunities - encourage support of local tourism as opportunities arise, and support of local industrial/agricultural development, making use of State and Federal funding grants whenever feasible.
•· Lake Ontario Water Levels: The response to the new proposal on Lake Ontario water levels can be expanded and incorporated into the Master Plan.
•· Fixed Zoning Ratio - A5A: Maintain the current standards, minimum 5 acres lot size.
Comments and questions from the Public:
Dennis Grandjean: What impact will the International Joint Commission plan have on the shore line, cottages and docks? - making reference to Lake Ontario water levels.
Supervisor Crane: The County is encouraging Towns to write the IJC expressing their concerns regarding riparian rights and damage mitigation. Given the miles of Lake Ontario shoreline and waterfront property in Wayne County, the County feels some of the proposed public meetings should be held in Wayne County; at the least, the meetings should be scheduled in the months summer residents are present.
Alan Isselhard: Town of Huron Master Plan Issues
"Referring to page 62 - proposed footpath map -
Although we cannot tell from the size of the map we suspect that the lane from N. Huron Rd., at the beginning of our property and downhill to the east toward the lake - is being considered as part of this proposed footpath trail? This lane may have been once used as a road but has been abandoned years ago. Furthermore we suspect the lane is marked on this map possibly as a public lane and for public use as part of the footpath trail.
Can someone tell us if we are correct in our assumptions?
We object to this lane being considered as part of a footpath because the north ½ of the lane is part of our private property that we pay taxes on and our deed shows we own this property. And the south half of the lane is also privately owned. Our neighbor tells us that the lane had been blocked to vehicle traffic for 40 years.
We have received no communication from anyone involved with the master plan that a footpath was planned involving our private property.
We believe a footpath over our private property would put us at risk of liability in the event of an injury by footpath users.
We believe our property would be devalued if used for this purpose. We have lived here for less than 7 years and have had a $60k increase on our assessment twice for a 1252 sq. ft. home.
Encouraging this lane as a footpath would increase the amount of litter and trash along the path, which is certain to occur. It would also encourage more people to use the private path for ATV's, motorcycles and snowmobiles.
The master plan also mentions fencing along certain areas of the footpath and fencing would disturb the natural migration of wildlife through their migration routes.
The master plan also fails to mention bald eagles that we frequently see along the beach that often nest in the tall pines adjacent to the Town property near the lake east of the lane. More people frequenting this area as the result of a footpath would mean fewer eagles visiting this area. We treasure eagle sightings and the absence of viewing these raptors would affect the quality of life and our enjoyment of our property as well as disturbing the bald eagles.
There is the possibility of injury on the Town owned property at the lake due to erosion and the undercut bluff at the beach. The drop off is about 12 feet from the edge of the bluff to the beach.
Quite frankly - what gives the Town the right to use private property as a footpath?
And who would pay for the annual maintenance of the proposed footpath?
Other master plan comments:
Several maps relating to the master plan were not on the internet site.
There is no mention in the master plan of blue-green algae that suddenly became so much of a problem in Sodus Bay two summers ago and last summer as well to a lesser degree. We believe this is the major problem facing this Town and that it is an issue that should be aggressively researched.
Seaway trail signs are not well kept by NYS, trees block them, paint is faded so much it often cannot be read.
Wineries in the Town are not even mention and we believe they add to the quality of life here.
Both ends of the bay bridge area need massive cleanup improvement. Having a Town park at the east end of the bridge is an unneeded and unnecessary Town expense as its unlikely swimming would take place at this location, it would cost taxpayer money to maintain and Chimney Bluffs state parks isn't that far away anyway.
Master plan mentions improvements in high speed internet but has anything been done in this area?
Page 64 mentions manufactured homes - we feel this should be discouraged.
The master plan should discourage all industrial wind turbines in Huron.
The master plan should discourage all gas hydro-fracking in Huron.
The master plan should also keep in mind efforts currently under way by the International Joint Commission to allow Lake Ontario water levels to rise. This could have dramatic negative impact on erosion along the lake and affect many lake front properties and ultimately the value of their property and eventually assessments. The master plan should address efforts of the IJC and recommend that the IJC keep the current 58DD plan in place. Water level plan BV7 as proposed by the IJC will have severe negative impacts - particularly erosion.
Lastly - the governor signed into law last August - the Power NY Act of 2011 that will allow an unelected group of five Albany bureaucrat insiders to site an electric power plan anywhere in NYS they approve. Huron is extremely vulnerable to this type of development activity due to its location on Lake Ontario. This means a coal, solar, natural gas plant or even a wind factory could be located in Huron by a faceless foreign company without any Town input what so ever - the Town would simply be victimized. The Town master plan should discourage any development of this kind anywhere along the lakes or bays and make the wording strong against this and do it as soon as possible.
Page #8 has Dutch St. spelled wrong."
Alan J. Isselhard
8135 North Huron Rd.
Wolcott, New York 14590
Councilmember Teeple: Stated that the trail that Alan Isselhard mentioned also goes through his apple orchard.
George Frantz: Stated he will go back and study the sections mentioned.
Supervisor Crane: Commented on the wineries not being mentioned by name, for reason that the master plan cannot promote an individual business enterprise.
Charles Murzin: Recommended that the Town designate the Lakeshore News as the town paper for better circulation. He believes more residents would know about the Public Hearings; that hearings like this should be held during the summer months when more residents are available. He also expressed concern about homes being used as rental properties - particularly short-term rentals - an issue which should be addressed by the Planning Board. It is an inappropriate use that will result in devaluation of surrounding properties: When dealing with rental properties there are also septic issues - systems are not designed for multiple families' use.
Kathy Grandjean: Commented for the record, that Master Plan public forums were held in the summer months last year, specifically to accommodate summer residents and encourage attendance.
End of questions and comments.
Lake Ontario Water Levels
Supervisor Crane reported that she spent all day with Congresswoman Buerkle on Wednesday and then attended a meeting in Williamson. She raised issues with Congresswoman Buerkle regarding the plans for controlling Lake Ontario water levels which have yet to be addressed. She has also asked how much money has been spent developing this new Plan; and who is behind it? There has never been an answer to any of her questions. Supervisor Crane, in the interest of forming a unified front of opposition to the IJC plan being presented, has recommended the County Board of Supervisors form a coalition of the Towns having direct interest. Whatever is done must be done before final acceptance of the proposed plan.
Councilmember Buisch drafted a letter to the IJC concerning the matter, which was read to the Board.
RESOLUTION #13-2012
Lake Ontario Water Levels
On motion of Councilmember Buisch, seconded by Councilmember Teeple the following resolution was ADOPTED - AYES 5 NAYS 0.
RESOLVED, to send the following letter.
Ms. Lana Pollock, Chair
International Joint Commission
2000 L Street NW
Suite 615
Washington, DC 20036
Dear Ms. Pollock:
The International Joint Commission's proposed plan for controlling water levels of Lake Ontario is of great interest and concern to waterfront property owners in the Town of Huron. The Town of Huron is located in Wayne County. The northern border of the Town is the Lake Ontario shoreline - the west border is the Great Sodus Bay and the east border is Port Bay. East Bay is also located in the Town of Huron. Needless to say, in addition to commercial property development, most of the residential development in our Town is on or around the embayments.
We understand that there are many interests to be considered in this matter. Our concern, however, is lack of consideration of the riparian rights of waterfront property owners, and the absence of provisions to mitigate property damage likely to occur under the proposed plan. For this reason we oppose the plan as presented.
Frank Bevacqua graciously took time to tour our shoreline. He witnessed first hand the unprecedented amount of erosion caused by the high water level in 2011. We are concerned that the threat to the integrity of much of the land will increase by uncontrolled high water levels. The barrier bar of Sodus Bay and the east barrier bar of Port Bay are fragile to say the least.
Concerning the public meetings planned by the working group during the week of March 12th, 2012, many if not most of the waterfront property owners spend the winter months elsewhere. If you are interested in the concerns of those most directly affected, we respectfully request that these public meetings be postponed until June or later.
We otherwise thank you for your time and consideration of our comments.
Very truly yours,
Laurie Crane
Supervisor
Spring Clean Up
Councilmember Traister moved, seconded by Councilmember to hold the Spring Clean Up June 2, 2012 from 8-4. All in favor of this motion.
Shred Text
Supervisor Crane will follow-up her invitation to other towns to participate in a "shred text day". This would give residents an opportunity to bring papers and documents they would like to have shredded to a designated location. The shredding is done while the person is present. Councilmember Traister asked Account Clerk Hamilton to check with Shred Text for available dates.
ADT/Time Warner Vendor Meeting
This meeting will be held Wednesday January 18, 2012 at 10:00 am, with a view toward solving the system problems experienced by the Town.
Windows 7/ Microsoft Office
The Town Clerk requested BAS to review what would be needed to upgrade the operating system of Town Hall computers to Windows 7. BAS reported that replacing the computers would be more cost effective than a software upgrade to Windows 7 and the necessary memory upgrades for the existing computers: New computers come with the Windows 7 operating system, adequate memory and support software . This has been tabled to the February 21, 2012 Town Board meeting. The Town Clerk will get quotes from BAS on the cost.
RESOLUTION #14-2012
Building Inspector Assistant
On motion of Councilmember Buisch, seconded by Councilmember Traister the following resolution was ADOPTED - AYES 4 NAYS 1. Councilmember Buckalew voted nay.
RESOLVED, to set the hourly wage for the Building Inspector Assistant at $14.50 per hour, for an average of 15 hours per week for 30 weeks starting in March, (working time not to exceed 20 hours per week) maximum of $7,000.00 for the year.
RESOLUTION #15-2012
Advertise for Building Inspector Assistant and Historian
On motion of Councilmember Buisch, seconded by Councilmember Traister the following resolution was ADOPTED - AYES 5 NAYS 0.
RESOLVED, to advertise the Building Inspector Assistant and Historian positions.
Committee Reports
Councilmember Teeple
Water District #6: Waterline has progressed beyond expectation due to favorable weather conditions.
Water District #7: Installation is complete. WCWSA will come back in the Spring and finish the cleanup and property reparation.
Highway Superintendent Report:
- Recommendation to increase fines for littering: $500 for the first offense and $1000.00 for the second. (Attorney Knauf will prepare the necessary documents for a public hearing).
- Payloader: Discussion of options for upgrading equipment - there are two payloaders on state bid.
- Recommendation to hire of Jerry Lasher, part time.
RESOLUTION #16-2012
Public Hearing on Littering Fines
On motion of Councilmember Teeple, seconded by Councilmember Buisch the following resolution was ADOPTED - AYES 5 NAYS 0.
RESOLVED, to hold a public hearing at 7:30 p.m on February 21, 2012, on the proposal to increase the fines for littering: first offense $500.00 second offense $1000.00.
RESOLUTION #17-2012
Part Time Highway Worker
On motion of Councilmember Teeple, seconded by Councilmember Buckalew the following resolution was ADOPTED - AYES 5 NAYS 0.
RESOLVED, to hire Jerry Lasher as a part time highway employee at $16.00 per hour.
Back to Committee Reports
Councilmember Traister
Justice Court Report: Councilmember Traister moved, seconded by Councilmember Buisch to receive and file the December 2011 Justice Court report.
Councilmember Buckalew
Assessment: Councilmember Buckalew received a Status Report from Sole Assessor David Roach:
- I have only been in office for a brief period of time but many things have been resolved or are in process as you read this.
- I have gone through every folder, stack of paper and note left by the previous assessors. Any additional work has been identified, prioritized and scheduled for completion.
- The office has mailed out the remainder of the exemption reminder notices for 2012. This includes Enhanced Star, agricultural renewals and some senior exemptions as well.
- All building permits that will require a field visit between now and March 1 have been identified and that work is ongoing.
- Training of the new assessor clerk is ongoing, I am confident that the new clerk is going to work out very well. I would like to thank the board for allowing me to take part in the hiring process.
- I have arranged to meet with the Wayne county office of real property this week to go over that office's preferences for split/merge procedures and other various assessment administration issues. This will insure a smooth transition period for the county and our town.
- The day to day operation of the assessor's office continues uninterrupted in much the same way that it has in the past. We have some new faces in the office and new plans and ideas for making many processes work more efficiently for our property owners. I would ask for your patience as this is a new situation for all of us.
- I have attached a copy of a local law that must be passed to change the day that the Town of Huron holds grievance. This is necessary because I work in more than one municipality and I must be present on grievance day. I would ask that we act as quickly as possible on this so that we can notify the board of assessment review and the general public well in advance.
RESOLUTION #18-2012
Public Hearing for Local Law #1 of 2012
On motion of Councilmember Buckalew, seconded by Councilmember Buisch the following resolution was ADOPTED - AYES 5 NAYS 0.
RESOLVED, to hold a public hearing on Local Law #1 of 2012 (Grievance Day) at 7:45 p.m on February 21, 2012.
Accept Assessor Report
Councilmember Buckalew moved, seconded by Councilmember Traister to accept Assessor's Report. All in favor of this motion.
Committee Reports Continued
Councilmember Buisch
Planning Board: Councilmember Buisch moved, seconded by Councilmember Traister to receive and file the Planning Board minutes of December 5, 2011. Motion carried.
Zoning Board: Councilmember Buisch moved, seconded by Councilmember Traister to receive and file the Zoning Board minutes of December 13, 2011. Motion carried.
Receive & File Building Inspector's Monthly Fee Reports: Councilmember Buisch moved, seconded by Councilmember Traister to receive and file the Building Inspector's December monthly fee report. Motion carried.
Building Inspectors Annual Report: Councilmember Buisch moved, seconded by Councilmember Traister to receive and file the 2011 annual report of the Building Inspector. All in favor.
Building Inspectors Report:
•· Recommend continue working with 3 septic inspectors.
•· Issue with House at 11442 Wilson Street; unabated accumulation of garbage and trash.
•· Issue with Lummisville Road residence discharging the septic into the ditch; resident has been moved out, the septic issue will be taken care of in the Spring.
•· Rotted tree on LeRoy Island, question of adjacent property owner rights.
•· Crescent Beach Rental Issue: Building Inspector will review web site advertising and take appropriate action.
Supervisor Crane
Town Clerk's Monthly Report: Councilmember Buisch moved, seconded by Councilmember Traister to approve the December 2011 monthly report of the Town Clerk. Motion carried.
Town Clerk's Annual Report: Councilmember Buisch moved, seconded by Councilmember Traister to approve the December 2011 annual report of the Town Clerk. Motion carried.
Town Board Meeting Minutes: Councilmember Traister moved, seconded by Councilmember Buisch to approve the December 19, 2011 regular meeting and December 29, 2011 year-end and organizational meeting minutes (with correction - Transfer from .4 to .2 budget accounts for Assessor's and Building Inspector's computers). Motion carried; Councilmember Teeple abstained. Councilmember Buckalew moved, seconded by Councilmember Teeple to approve the December 15, 2011 special meeting minutes with corrections: IJC Meeting to Change Lake Ontario Water Levels - Ed LaRue and Frank Beveque accompanied Supervisor Crane to the IJC Meeting. Supervisor Crane was advised that the IJC makes the final decision. Remove the last two sentences. Budget Transfers were attached to the December 15, 2011 meeting.
Supervisor's Year End Report: Councilmember Buisch moved, seconded by Councilmember Traister to receive and file the year end Supervisor's report for December. Motion carried.
Supervisor reported on the following:
1. Supervisor Crane commented on a complaint on Wilson Road.
2. The Wayne County Sheriff did a one week tracking on Wilson Road on January 5-11, 2012.
Attorney Knauf
1. Attorney Knauf introduced his new associate Amy Kendall. Attorney Kendall has experience in municipal and environmental law.
RESOLUTION #16-2011
Audit & Pay Bills
On motion of Councilmember Buckalew, seconded by Councilmember Buisch the following resolution was ADOPTED - VOTE - AYES 5 NAYS 0.
RESOLVED to audit and give permission to pay the following vouchers with a correction to voucher #27 to remove the tax.
January 17, 2012
Voucher 2-41 206,346.85
General 21,577.17
Highway 9,198.81
Capital Project #5 10,438.68
Capital Project #6 164,119.71
Trust and Agency 1,012.48
Executive Session
Councilmember Teeple moved, seconded by Councilmember Buckalew to go into executive session for a matter of employment of a particular person at 10:14 p.m.
Out of Executive Session
Councilmember Teeple moved, seconded by Councilmember Buckalew to come out of executive session at 10:28 p.m.
Adjournment
Councilmember Teeple moved, seconded by Councilmember Traister to adjourn at 10:28 p.m. Motion carried.
Next Board Meetings
Huron Planning Board will meet on February 6, 2012 at 7:30 p.m.
Huron Zoning Board of Appeals will meet on February 14, 2012 at 7:30 p.m.
Huron Town Board will meet on February 21, 2012 at 7:00 p.m.
Tammy Vezzose
Town Clerk
