Huron Town Board Minutes - subject to approval.

Regular Meeting, October 15, 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 October 15, 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 for Huron-Wolcott Fire District 7:15p.m.

Public Hearing for Huron-Alton Fire District 7:20 p.m.

Public Hearing for WAVAC Contract 7:25p.m

Public Hearing for Local Law #6 of 2012 (Hydrofracking) 7:30 p.m.

Public Participation

Gary Boughter (Resident at 9500 Sunset Lane) expressed appreciation for the work of the Highway Department on their road; he was impressed with all that was done.  Sheryl Boughter then proceeded to present Highway Superintendent Reyn with a token of their appreciation.

Correspondence

The following correspondence was received and filed:

1.     Received a letter from a resident in regards to licensing cats.

2.     A letter of resignation from Chris Kenyon of the Planning Board effective October 18, 2012.

3.     Received Certificate of Training's for Larry Lockwood, Joe Snyder and John McGuire.

4.     Received an email notification on Ginna Drill on November 29, 2012.

5.     Received a notice of a Seminar on Personnel and Ethics School to be held November 2, 2012 In Syracuse.

Discussion of Correspondence

#3 Councilman Buisch commended Larry, Joe and John for pursuing their education.

#1 Town Clerk responded that she called the resident and recommended she call the Humane Society.

House Numbers

Building Inspector Gallant addressed the issue of house numbers; the fact that many houses have no number which represents a problem for Emergency Service providers. It also makes the work of the Building Department and Assessment Office difficult. Supervisor Crane wondered if the Town should hire someone to canvas the town and note the properties lacking numbers. Different solutions were discussed by the Board.  According to Dennis Wigfield, the North Rose Fire Department has been instructed to contact 911 and report a house with no number.  He also suggested that placing numbers on both sides of the mailbox would make it easier for emergency services to find an address. The board instructed Councilman Buisch to work with Building Inspector Gallant and bring a recommendation to the next meeting.

Open Public Hearing for Huron-Wolcott Fire District

Supervisor Crane opened the public hearing for Huron-Wolcott Fire District at 7:15 p.m. The cost to the Town for service for the year 2012 is $26,457, representing a 10% increase. Councilmember Buckalew moved, seconded by Councilmember Buisch to close the public hearing at 7:16 p.m. All in favor of motion.

Open Public Hearing for Huron-Alton Fire District

Supervisor Crane opened the public hearing for Huron-Alton Fire District at 7:19 p.m. The cost to the Town for service for the year 2013 is $27,685, for the year 2014, $27,685 and $28,000 for the year 2015. Councilmember Teeple moved, seconded by Councilmember Buisch to close the public hearing at 7:20 p.m. All in favor of motion.

CDBG (Community Development Block Grant)

Building Inspector Gallant inquired to know if the payback money from previous projects could be used to help individuals who are in need of a new septic. Supervisor Crane replied that some of those funds are being used to cover the expense of the Highway Barn roof and some for replacement of the Town Hall septic system.  The Town Clerk will contact Kathy Dear to inquire what it would cost to have Stu Brown Associates do the income surveys for the next CDBG project.

Open Public Hearing for WAVAC

Supervisor Crane opened the public hearing for the WAVAC Contract at 7:26 p.m. The cost to the Town for service $10,000, the same as last year. Councilmember Traister moved, seconded by Councilmember Teeple to close the hearing at 7:26 p.m.

RESOLUTION #129-2012

Accept Contract for Huron-Wolcott, Huron-Alton and WAVAC

On motion of Councilmember Teeple, seconded by Councilmember Buckalew the following resolution was ADOPTED- AYES 5 NAYS 0.

            RESOLVED, to approve the Huron-Wolcott Fire Contract, Huron-Alton Fire Contract and the WAVAC agreement for 2013.

Intermunicipal Agreement

Supervisor Crane discussed funding of the inter-municipal agreement between the Towns of Huron, Sodus and the Village of Sodus Point; each township was to give $1,000 and this was never done. The Board asked Town Clerk Vezzose to look through the 04-06 Town Board Minutes for verification of the approval.

Open and Close Public Hearing for Local Law #6 of 2012

Supervisor Crane opened the public hearing for Local Law #6 of 2012 at 7:30 p.m. Attorney Knauf explained the law.  The law would impose a one year moratorium on new activity, hydrofracking, horizontal drilling and other natural gas or petroleum activities, giving the Planning Board time to research and formulate a recommendation for the Town Board as to future action.  Attorney Knauf clarified that the issue would ultimately be addressed in the Zoning Law.  The moratorium would not apply to transmission of natural gas through pipe lines which can run through the town or to normal sale or storage of natural gas or gasoline or petroleum products.  It does not apply to tanks storing propane or natural gas or to any existing well that is in production, this would only apply to new activities. Adoption of the law is deferred pending review by County Planning. Councilmember Traister moved, seconded by Councilmember Teeple to close the hearing at 8:02 p.m.

Comments from the public:

Nancy Kasper

Q: Will the moratorium exempt existing wells? Is it possible for them to hydrofrack?

A: Attorney Knauf said existing wells could continue to operate as originally planned.

Robert Henrie - Q: Are there existing wells in the Town or County?

Nancy Kasper - thanked the Board for their initiative. Having educated herself on hydrofracking she views it as one of the most critical issues we face today. Concerned about the effect of the toxic chemicals used in hydrofracking, would have on our water resources, she proceeded to detail the danger.  Pamphlets and papers were made available to the Board and the public present.

Marily Byron - thanked the Board for its action.

Susan Gately - asked the board to look at the papers which were handed out.

Roland Micklem - stated a proposal was introduced in Savannah. He also stated that there is no municipal sewage plant that can handle the waste water flow produced by hydrofracking.

Robert Henrie - reaffirmed water as our greatest resource.

Jim Byron - suggested people Google the Energy Act of 2005 Section 322.

Agnes Burlee - thought it was cool of the board to take the initiative to go forward with this.

Robert Henrie - thinks it's great that our little town which he loves, is doing this.

Elsbette Grove - expressed concern for the animals and creatures being poisoned by the water.

Debra Horn - came to the board meeting tonight because our area has changed so much.  She is concerned that too people are not aware of the things going on around them.

Larry Lockwood - referred to an article in the Finger Lakes Times involving a case where a municipality's action restricting hydrofracking was being challenged. Attorney Knauf had seen the article and clarified that the action in question concerned a law passed by the municipality under the police power and other authorities.  He responded that the cases that have successfully been upheld were those where the issue was addressed in zoning regulations.

  

Newsletter

Councilmember Traister suggested sending out a newsletter at the same time as the CDBG Income Survey letter.  There was general agreement.  An update/news article from each department will be sent to Councilmember Buisch the week of November 5, 2012, for compilation of a newsletter.

RESOLUTION #130-2012

Permission to Apply for 2012 Justice Grant

On motion of Councilmember Traister, seconded by Councilmember Teeple the following resolution was ADOPTED- AYES 5 NAYS 0.

            RESOLVED, to give permission for Huron Town Court to apply for a grant for the renovation of existing door to become handicap accessible, Battery Back-Up for the Server, SEI Multi-User Program, and Audio Recording Equipment for recordings of court proceedings not to exceed $15,000.00.

RESOLUTION #131-2012

Permission for Supervisor to Sign Justice Audit

On motion of Councilmember Buckalew, seconded by Councilmember Traister the following resolution was ADOPTED- AYES 5 NAYS 0.

            RESOLVED, to give permission for Supervisor Crane to sign the Justice Audit for Justice Tompkins 2012 Books for a cost to not exceed $600.00.

RESOLUTION #132-2012

Permission to Advertise for 2013 Preliminary Budget

On motion of Councilmember Buisch, seconded by Councilmember Buckalew the following resolution was ADOPTED- AYES 5 NAYS 0.

            RESOLVED, to give permission for Town Clerk to Advertise for the 2013 Preliminary Budget.

RESOLUTION #133-2012

Permission to Advertise for Member to Planning Board

On motion of Councilmember Buisch, seconded by Councilmember Traister the following resolution was ADOPTED- AYES 5 NAYS 0.

            RESOLVED, to give permission for Town Clerk to Advertise for a member to Planning Board.

Committee Reports

Councilmember Buckalew:

Assessment: Assessor Roach presented the board with a Sales Report for July and August. He attended the Fall Conference in Lake Placid. He asked the Board for permission to purchase a new laptop out of this year's budget for which he has funds:  The cost of a laptop to be eliminated from his 2013 Budget.

  

RESOLUTION #134-2012

Permission for Assessor to Purchase a New Laptop

On motion of Councilmember Buckalew, seconded by Councilmember Buisch the following resolution was ADOPTED- AYES 5 NAYS 0.

            RESOLVED, to give permission for Assessor Roach to purchase a new laptop at a cost not to exceed $2,150.00 and this will be moved from 1355.41 (Assessor Contractual) to 1355.2 (Assessor Equipment).

Committee Reports Continued:

Buildings: Councilmember Buckalew received estimates from Historian Powell for the Historical Buildings

Mac Stringer: $2,975.00

Coverall Painting: $7,500.00

Insurance: Kris Kellogg (Colonial Penn) was at the Town Hall today for a presentation to employees on the health insurance plan and Colonial Voluntary Benefits. She will return on Thursday for further discussion.

  

Councilmember Traister

Historian: Councilmember Traister read the report of the Historian.

Municipal Inspection Report: Councilmember Traister reported that the Municipal Inspection Report came back satisfactorily.

Justice: Councilmember Traister moved, seconded by Councilmember Teeple to receive and file the September 2012 Justice Court report.

   

Councilmember Teeple

RESOLUTION #135-2012

North Geneva Road Pumping Station

On motion of Councilmember Buisch, seconded by Councilmember Teeple the following resolution was ADOPTED - AYES 3 NAYS 2. Councilmember Traister and Councilmember Buckalew voted nay.

            RESOLVED, to authorize the contract for North Geneva Road Pumping Station with the exemption of all town, county and school taxes.

Committee Reports Continued:

Highway: Highway Superintendent Reyn was approached by Sam VanAcker concerning a young person who would like to observe what the Highway Department does and how the department functions, as part of a school civic program. The Oil and Stone on the roads is done. They will be getting ready for plowing. According to NYMIR (Our Insurance Carrier) new standards for road signs have been issued which will require inspection of our road signs for compliance. Highway Superintendent Reyn asked Attorney Knauf if he can proceed with the contractor for the Highway barn roof.  Alan confirmed he could.  Highway Superintendent Reyn will contact Kanga Roofing.

  

RESOLUTION #136-2012

Siding, Sheeting/Trim Work on Town Hall

Some siding, sheeting and trim work on the Town Hall building is needed before the roof work  commences.  On motion of Councilmember Teeple, seconded by Councilmember Buisch the following resolution was ADOPTED - AYES 5 NAYS 0.

            RESOLVED, to approve Kanga Roofing to match the siding and sheeting and do the trim work on the Town Hall at a cost to not exceed $5,911.00 and the funds will come from Capital Reserve.

Committee Reports Cont.:

Councilmember Buisch:

Receive & File Building Inspector's Monthly Fee Reports: Councilmember Buisch moved, seconded by Councilmember Traister to receive and file the Building Inspector's September monthly fee report.  Motion carried.

Planning Board: Councilmember Buisch moved, seconded by Councilmember Teeple to receive and file the Planning Board minutes of September 10, 2012.  Motion carried.

Zoning Board: Councilmember Buisch moved, seconded by Councilmember Traister to receive and file the Zoning Board minutes of September 11, 2012.  Motion carried.

Employee Performance Evaluation Sheets: Councilmember Buisch discussed the employee evaluation forms, they should be completed and submitted to the Board at the next meeting. Account Clerk Hamilton's Evaluation will be done by the Town Board (Councilmember Buckalew).

ZBA: Councilmember Buisch will invite Rusty Dean to the October 29, 2012 meeting for a discussion with the Town Board and Roger Gallant.

Building Inspectors Report:

•·         The Building Inspector requested to keep Aron working beyond the hours budgeted to finish work on the property maintenance cases he has turned over to the Town Court.  There are hours budgeted for the Clerk which will not be used which will cover the additional hours of Aron.

•·         The First Draft between the Town and MRB is done on the Crescent Beach Septic Testing Procedure. The final draft should be completed by the November Board Meeting.

•·         Roger has $3500 budgeted for engineering and requested approval to use the funds when needed without waiting for Board approval each time.  The need arises when he is in the field dealing with a problem.  The Board authorized use of the engineering budget at the discretion of the Building Inspector.

   

RESOLUTION #137-2012

Permission for Building Inspector Gallant to Purchase New Camera

On motion of Councilmember Teeple, seconded by Councilmember Buisch the following resolution was ADOPTED - AYES 5 NAYS 0.

            RESOLVED, authorize Building Inspector Gallant to purchase a new camera at a cost to not exceed $200.00.

RESOLUTION #138-2012

Permission to Add Hours to Deputy Thompson

On motion of Councilmember Buisch, seconded by Councilmember Buckalew the following resolution was ADOPTED - AYES 5 NAYS 0.

             RESOLVED, authorize $1,000.00 to be transferred from account number 3620.1072 (Building Inspector Clerk) to account number 3620.1071 (Building Inspector Deputy).

Supervisor Report

Town Clerk's Monthly Report: Councilmember Buisch moved, seconded by Councilmember Buckalew to approve the September 2012 monthly report of the Town Clerk.  Motion carried.

Town Board Meeting Minutes: Councilmember Buisch moved, seconded by Councilmember Traister to approve the September 17, 2012 Regular Town Board meeting minutes and the September 10, 2012, September 21, 2012 and September 26, 2012 Special Meeting Minutes. Motion carried.

Supervisor's Month Report: Councilmember Buisch moved, seconded by Councilmember Teeple to receive and file the September monthly Supervisor's report.  Motion carried.

Town Issues:

•·         Received the Budget for Huron-North Rose Fire Department.

•·         Attended a meeting in Wallington Fire Department for Healthy Lake Initiative on FLOPA funds.

•·         Will be attending an informational meeting at the Leavenworth Middle School.

•·         Wayne County Residents can take their household hazardous waste to Wayne County Highway Department on Saturday October 20, 2012 from 9 a.m. to 1 p.m.

•·         Soil and Water has invasive species books.

  

RESOLUTION #139-2012

Permission to Purchase Invasive Species Books

On motion of Councilmember Buisch, seconded by Councilmember Buckalew the following resolution was ADOPTED - AYES 5 NAYS 0.

            RESOLVED, authorize the purchase of 10 books at $3.00 each for resale to come out of account number A4010.4 (Public Health).

RESOLUTION #140-2012

Permission to Pay SBIA Vouchers

On motion of Councilmember Buckalew, seconded by Councilmember Traister the following resolution was ADOPTED - AYES 5 NAYS 0.

            RESOLVED, give permission to pay vouchers for David Scudder professional services for SBIA for 2010, 2011 and 2012.

Attorney Knauf

RESOLUTION #141-2012

Nixon Property:

On motion of Councilmember Buisch, seconded by Councilmember Teeple the following resolution was ADOPTED - AYES 5 NAYS 0.

WHEREAS, the Nixon Junkyards are located at 11627 Ridge Road, Wolcott, New York (the "Ridge Road Junkyard"), including Wayne County tax parcels 75117-00-401610, 75117-00-368547, and 75117-00-378549, and at the back portion of a parcel with an address of 5631 Limekiln Road, Butler, New York 14590 (the "Limekiln Junkyard"), including tax parcel 75116-00-375768; and

WHEREAS, according to tax records, the owner of tax parcels 75117-00-368547 and 75117-00-401610 is the Estate of Harry Nixon, the record owner for tax parcel 75117-00-378549 is Nixon Truck Parts, and the owner of tax parcel 75116-00-375768 is Richard Nixon (collectively, the record owners are referred to as the "Nixons"); and

WHEREAS, upon available information, the Nixon Junkyards have about a fifty-year history as sites used for vehicle dismantlement, including automobiles, trucks and farm equipment, and resale of used vehicle parts, and are sources of environmental concerns associated with discharges of petroleum and hazardous substances from historic operations; and

WHEREAS, Wayne County removed the Nixon Junkyards from the tax rolls because of the likelihood of environmental contamination, and its concern that it could risk environmental liability if it took title through tax foreclosure; 

WHEREAS, by assessing the presence of contamination at the Nixon Junkyards, the Town of Huron (the "Town") expects that either contamination will be found which can then be remediated, so that redevelopment can occur, or, if the sites are unexpectedly found to be clean, they can be returned to the tax rolls; and

WHEREAS, the Town was accepted into the Targeted Brownfield Assessment Program (the "TBA") of the United States Environmental Protection Agency ("EPA") to undertake an environmental assessment of the Nixon Junkyards; and

WHEREAS, a Limited Phase I Environmental Site Assessment for the Nixon Junkyards (the "Limited Phase I") was performed by CDM Smith as a contractor to EPA pursuant to the TBA; and

WHEREAS, the Limited Phase I concluded that petroleum and/or hazardous substances may have been discharged at the Nixon Junkyards, however, a complete Phase I Environmental Site Assessment (the "Phase I") could not be completed because CDM Smith was not provided access to the Nixon Junkyards to perform a site reconnaissance, and only could only perform a perimeter screening from outside the properties; and

WHEREAS, to complete the Phase I and proceed with further environmental assessment of the Nixon Junkyards, it is necessary to gain access to the Nixon Junkyards to perform a site reconnaissance; and

WHEREAS, Marcie Puskarik of CDM Smith, a certified Environmental Professional, is immediately available to perform the site reconnaissance, and will be accompanied by Eric Rosenzweig, also of CDM Smith; and

WHEREAS, the Town Building Inspector issued a Notice of Abandoned Building and Threat to Public Health, Safety, and the Environment regarding the abandoned buildings (the "Condemned Buildings") located on the Ridge Road Junkyard in February 2012; and

WHEREAS, the site reconnaissance can be completed over the course of about two days and includes Ms. Puskarik and Mr. Rosenzweig walking the Nixon Junkyards in their entirety, taking photographs and making notes on observed or suspect environmental conditions (the "Environmental Assessment"); and

WHEREAS, numerous attempts have been made to put the Nixons on notice of the necessity to gain access to the Nixon Junkyards to perform the Environmental Assessment; and

WHEREAS, the Town has received no response to its notices; and

WHEREAS, the Town of Huron Property Testing Law, to promote the health and safety of its residents and protect the environment, may designate an environmental consulting firm, including an environmental consulting firm retained by the EPA, to enter private property to undertake testing or inspections, including making surveys, examinations or investigations, and the making of test pits and test borings, to determine environmental conditions, including suspected sources of discharges of petroleum or hazardous substance, on behalf of the Town;

NOW THEREFORE IT IS RESOLVED the Town Board designates CDM Smith, as contractor for EPA, to perform the functions of the Town Engineer authorized by Town Law §32-a and authorizes CDM Smith, through its agents Marcie Puskarik and Eric Rosenzweig, or other employees, to enter upon the Nixon Junkyards for the purpose of conducting the Environmental Assessment, accompanied by Town personnel, during daylight hours between the dates of October 16, 2012 through November 9, 2012; and it is

FURTHER RESOLVED, that no sampling or intrusive work will be performed during the Environmental Assessment; and it is

FURTHER RESOLVED, that the Town Building Inspector shall issue a notice of this Resolution to the Nixons, to their last known address, via certified first class mail, return receipt requested and by posting at the Nixon Junkyards.

RESOLUTION #142-2012

Approval of Transfers

On motion of Councilmember Buckalew, seconded by Councilmember Traister the following resolution was ADOPTED - VOTE -A YES 5 NAYS 0.

     RESOLVED, to approve the following transfers:

From a19904 (Contingency) to A1620.202 (Bldg. IT Equip) $1,803.00

RESOLUTION #143-2012

Audit & Pay Bills

On motion of Councilmember Buckalew, seconded by Councilmember Teeple the following resolution was ADOPTED - VOTE - AYES 5 NAYS 0.

     RESOLVED to give permission to pay the following vouchers:

September 26, 2012

Vouchers 169774                                                            84,250.00

Water District #6                     84,250.00                            

October 15, 2012                                 

Vouchers 169775-169841                                            177,158.42

General                                     22,319.84

Highway                                  121,586.27

Capital Project #5                         400.00

Water District #6                     26,002.66

Aquatic Weed                            6,626.27

Trust and Agency                         223.38

Executive Session

Councilmember Traister moved, seconded by Councilmember Buisch to go into executive session for possible litigation and to invite Highway Superintendent Reyn to stay at 9:47 p.m.

Out of Executive Session

Councilmember Teeple moved, seconded by Councilmember Traister to move out of executive session at 10:02 p.m.

Spiegel Parkway

Councilmember Teeple moved, seconded by Councilmember Traister to have Attorney Knauf write a letter to Wayne County Soil and Water District that the Town does not approve changes to the access.

Tentative Budget

2009 Tentative Budget Changes

All Salaries (.1) in General and Highway who asked for a raise were changed from 3% to 2% increase except for Supervisor, Justice and Court Clerk.

Social Security (General) was changed to $19,628

Medicare (General) was changed to $4,591

Social Security (Highway) was changed to 12,987

Medicare (Highway) was changed to $3,038.

Adjournment                                                                                                       

Councilmember Teeple moved, seconded by Councilmember Traister to adjourn at 10:30 p.m.  Motion carried.

Next Regular Board Meetings

Huron Planning Board will meet on November 5, 2012 at 7:30 p.m.

Huron Zoning Board of Appeals will meet on November 13, 2012 at 7:30 p.m.

Huron Town Board will be held on November 19, 2012 at 7:00 p.m.

Preliminary Budget Public Hearing October 29, 2012 7:00 p.m.

Tammy A Vezzose