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November 21, 2017
Bond resolutions adopted to purchase Shadow Pines property

The Penfield Town Board adopted bond resolutions for the acquisition of the Shadow Pines property for $3,650,000 from Dolomite/Oldcastle at a special legislative session on November 20. The property will be used for governmental and/or public uses as determined by the Town Board in the future.

This action by the Town Board is the latest milestone in the Town’s efforts to purchase the Shadow Pines property, providing a path to funding should the purchase occur. To date, the Town and Dolomite have signed a Letter of Intent for the transaction and the SEQR environmental requirements have been met. The Purchase Agreement is currently being negotiated and is not final.

The Town Board’s original intent for the process was to conduct a Public Referendum—a straight up or down vote by residents—on the purchase of the Shadow Pines property. However, in the current draft of the Purchase Agreement, Dolomite requires a closing date of no later than January 31, 2018, and Dolomite’s legal counsel has informed the Town that Dolomite will not consider an extension of the closing date beyond January 31. Dolomite’s position does not allow the Town sufficient time to conduct a Public Referendum which can take 60 to 75 days. With the Public Referendum option taken away, the Town Board chose an alternative path forward with bond resolutions that, according to New York State law, are subject to a Permissive Referendum.

A Permissive Referendum is a legislative tool in which a board’s decision stands unless it is challenged by citizen petition for a Public Referendum, in which case the board is obligated to conduct a Public Referendum. For those residents who prefer that the Town Board hold a Public Referendum, New York State has specific rules and procedures for this process.

Residents who want to pursue a petition for a Public Referendum are required by law to engage in a process that requires five percent of Penfield voters who voted in the 2014 gubernatorial election to sign a petition calling for a Public Referendum. The numbers for that are five percent of 13,683 voters, which would require a minimum of 685 qualified signatures. Petitions must follow a specific format and be submitted to the Town Clerk within 30 days following the adoption of the resolutions. (See the law at New York Consolidated Laws, Town Law - TWN § 91. Referendum on petition.) 

If the Town does acquire the Shadow Pines property the purchase will cost the average household valued at $190,000 approximately an additional $11 a year in town taxes over 29 years. Additional ownership costs would depend on future use and maintenance requirements.

The Town will continue to provide updates throughout the process.

To learn more about The Shadows please go to the project page at http://www.penfield.org/index.php?pr=Golf_The_Shadows

Media Contacts

R. Anthony (Tony) LaFountain, Penfield Town Supervisor 585.340.8630

Phyllis Ely, Communications 585.340.8647


November 20, 2017
Supervisor's column November 20, 2017

I am using this week’s column to provide an update on the Town’s efforts to purchase the Shadow Pines property, as there have been many moving parts and very compressed timelines for this proposed transaction. If you are following this topic, you will recall that on September 29, 2017 the Town of Penfield signed a Letter of Intent for Purchase and Sale of Real Property Shadow Pines Golf Course with Dolomite Products Company, Inc. Since then, the Town and Dolomite have been working to complete a Purchase Agreement based on the terms in the Letter of Intent. In addition, the Town also completed a SEQR environmental review for acquisition and is pursuing financing for the purchase.

That leads us to tonight, November 20, when the Town Board will hold a special legislative session at 7:00 PM to vote on bond resolutions to finance the purchase of the Shadow Pines property for $3,650,000 from Dolomite. The property will be used for governmental and/or public uses as determined by the Town Board in the future.

The Town Board’s original intent was to conduct a Public Referendum—a straight up or down vote by residents—on the purchase of the Shadow Pines property. However, in the current draft of the Purchase Agreement, Dolomite requires a closing date of no later than January 31, 2018, and Dolomite’s legal counsel has informed the Town that Dolomite will not consider an extension of the closing date beyond January 31. Dolomite’s position does not allow the Town sufficient time to conduct a Public Referendum which can take 60 to 75 days. With the Public Referendum option taken away, the Town Board chose an alternative path forward with bond resolutions tonight that, according to New York State law, are subject to a Permissive Referendum. 

A Permissive Referendum is a legislative tool in which a board’s decision stands unless it is challenged by citizen petition for a Public Referendum, in which case the board is obligated to conduct a Public Referendum.

With respect to the purchase of the Shadow Pines property, if the bond resolutions should pass tonight, Penfield residents who prefer a formal Public Referendum on the purchase may petition and obligate the Town Board to hold a Public Referendum. Residents who support the bond resolution alternative have no formal action to take as the resolutions being proposed by the Town Board work towards that outcome.

For those residents who prefer that the Town Board hold a Public Referendum, New York State has specific rules and procedures for this process.

Residents who want to pursue a petition for a Public Referendum are required by law to engage in a process that requires five percent of Penfield voters who voted in the 2014 gubernatorial election to sign a petition calling for a Public Referendum. The numbers for that are five percent of 13,683 voters, which would require a minimum of 685 qualified signatures. Petitions must follow a specific format and be submitted to the Town Clerk within 30 days following the adoption of the resolutions. (See the law at New York Consolidated Laws, Town Law - TWN § 91. Referendum on petition.)

Should the purchase of the Shadow Pines property occur, the financing of the purchase will cost the average household valued at $190,000 approximately an additional $14 a year in Town taxes over 30 years. Additional ownership costs would depend on future use and maintenance requirements.

In 2016, the majority of the Moratorium Committee recommended that the Town of Penfield purchase the Shadow Pines property. The Penfield Town Board considered the recommendation and felt strongly that the Shadow Pines property was worth bringing into Town ownership for municipal uses rather than allowing it to be developed under its current residential zoning.

To learn more about The Shadows please go to the project page at http://www.penfield.org/index.php?pr=Golf_The_Shadows

Tonight’s meeting will be streamed live at www.penfield.org. As always, there will be two opportunities for public comments on the agenda.

Until next week, I wish you all a Happy Thanksgiving with family and friends.

Tony


November 13, 2017
Supervisor's column November 13, 2017

Last Friday morning was our wakeup call that the winter season is just around the corner.  As a reminder, snow plow rules are in effect in the Town of Penfield from November 15 through April 1. This means no parking is allowed on all roads and highways between 2:00 and 7:00 AM to allow DPW crews to safely and effectively maintain roads. Vehicles in violation of this rule will be towed at the owner’s expense. Thank you for your cooperation on this public safety matter. If you have any questions or concerns please contact the Department of Public Works at 340-8710.

Also during the snow season, when necessary, letters are issued to homeowners to inform them that snow being removed from their property has been pushed across the roadway in violation of New York State law, causing a public safety hazard. Section 1219 of the Vehicle and Traffic law and section 214 of the Highway Law of New York State specifically prohibit placing snow, ice or other substance upon the highway, including pavement, shoulders, and ditches. These restrictions include pushing snow across a highway or into a cul-de-sac.

Many neighbors complain about violations of this law during the winter months. Failure to comply with these laws may result in tickets and fines from the Monroe County Sheriff’s Office. Please help keep our roadways safe for all residents in our community by plowing, blowing or shoveling snow only onto your own property. If you contract with a snow plowing service please share this communication and ask them to ensure you are in compliance with the law.

Lodge reservations for 2018 will begin on Wednesday, November 29 at 10:00 AM. Customers may reserve a lodge on-line or in person. NO phone reservations will be taken. We highly recommend that reservations be made online at www.penfieldrec.org (choose Registration and Reservation). To do so, please make sure that you have an account set up BEFORE November 29 and that you familiarize yourself with the process. Popular dates go quickly on the first day. For questions or help setting up an account, please call our office at (585) 340-8655.

I was recently informed that the town received a Community Development Block Grant (CDBG) in the amount of $29,592 from Monroe County for LaSalle’s Landing Park Improvements. We will use the grant to help expand the parking lot area and provide a loop to the driveway so residents can swing in and drop off kayaks and canoes at the dock area. This park continues to be very popular for those who wish to launch with bay access. The broader master plan for this area includes bathrooms and a picnic shelter to be developed over the next several seasons.

The 5th annual Penfield Pizza Competition will be held on Saturday, November 18 in the gym at St. Joseph’s Church, 43 Gebhardt Road starting at 6:00 PM. This is a great effort between the town’s pizzerias and the Knights of Columbus Council at St. Joseph’s Church. It is a fun and tasty fundraiser for community programs including Coats for Kids and the Penfield Ecumenical Food Cupboard.

Participating pizzerias include All-Star, Guida’s, Mark’s, and Salvatore’s. The cost is $10/person or $22/family; however, if you bring a non-perishable food item you will receive the pre-sale price of $20/family. Come one, come all, to support your favorite pizzeria!

Do you have a television, computer monitor or other unwanted electronics to dispose of? Are you curious why you see TVs and PC monitors left at the curb after trash collection? That’s because of a New York State law that went into effect in 2015 that prevents trash collectors from bringing e-waste to landfills.

So what can you do with that old TV? This weekend you have the option to bring it to an electronics recycling collection on Saturday, November 18 from 9:00 AM to noon at Rush-Henrietta High School, 1799 Lehigh-Station Road. This rain or shine event is a drive-through drop-off—you can stay in your car and volunteers will unload your electronics! There is a limit of 4 CRT TVs per vehicle. The event is sponsored by Senator Patrick Gallivan and Sunnking; proceeds will benefit the Rush-Henrietta High School. Natural Helpers. Go to www.sunnking.com for details.

I recently learned that Nels Carman celebrated his 75th birthday last Tuesday. Nels coordinates the “Nels Carman Big Band Night,” is a driver for many of our senior day/van trips, chairs the Penfield Trails Committee, participates in the Daytime Education at Recreation (DEAR), and supports the Recreation Department in many other activities during the year. Nels, thank you for all your support and we wish you a very happy birthday!

Until next week be well and be safe!

Tony

supervisor@penfield.org   

 


November 6, 2017
Supervisor's column November 6, 2017

This Saturday, November 11, is Veterans Day. This day is intended to honor and thank all military personnel who served the United States in all wars, particularly living veterans. It marks the anniversary of the signing of the armistice that ended World War I hostilities between the Allied nations and Germany in 1918. Veterans Day, formerly known as Armistice Day, was originally set as a U.S. legal holiday to honor the end of World War I, which officially took place on November 11, 1918. In 1954, after lobbying efforts by veterans' service organizations, the 83rd U.S. Congress amended the 1938 act that had made Armistice Day a holiday, striking the word “Armistice” in favor of “Veterans.” President Dwight D. Eisenhower signed the legislation on June 1, 1954.

Our military members risk their lives every day so we can live in freedom. For all our war troubles throughout history, we have depended on our soldiers to keep our country safe and free. They had to fight for their country, while also fighting for their lives. Anytime we see or meet a veteran we should take a minute to thank them for their service to our country. I encourage everyone, especially this Veterans Day, to make it a point to reach out to a family member, friend or neighbor who has served in the military and say thank you for your service!

Would your family like to do something a bit different for the holidays this year? Why not sign up for PenRec’s “Santa’s Little Elf Training Workshop” on Saturday, December 9 at the Dolomite Lodge. Learn the basic skills to be Santa’s helper. Meet Santa himself and take part in this ultimate training program. Register as a family for $5 for one of the two programs being offered. Please register early as there will be limited enrollment. For more details go to www.penfieldrec.org.

The last two “Nels Carman Big Band Nights” of the season are scheduled for this Tuesday, November 7, and Tuesday, December 5. Both events run 7:30 to 9:30 PM at the Penfield Community Center. The fee is $1.00 at the door.

I would like to give a shout-out to the Garden Path of Penfield Garden Club and their leader, Kay Joslyn, who have generously raked and cleaned up the Pioneer Cemetery on Whalen Road since the 1990s. Additionally, the group planted a few hundred daffodil bulbs at the cemetery which will be a beautiful sight this coming spring. Penfield is fortunate to have residents who care so much about their community and perform these acts of kindness that benefit everyone…thank you Garden Path of Penfield Garden Club!

Looking for some interesting programs about art, wellness, science, history, literature, or special interest topics? If so, you need to check out Daytime Education at Recreation (DEAR)—it is wisdom at its finest! DEAR has become an important staple to adults who understand the significance of engaging in intellectual, socially viable cognitive activities to help keep their minds sharp and alert. Participants reshape the way they spend leisure time and meet new and interesting people along the way.  For a listing of all the wonderful programs offered each week, please visit www.penfieldrec.org.

Bri-Pen Senior Rides continues to grow and support our seniors 65+ who live within Brighton or Penfield with FREE volunteer transportation for medical appointments or religious services. Please call to make an appointment five business days in advance at 340-8674.

If you have not checked out the fall offerings of the Penfield Public Library, please do not wait another moment—programs include Nutcracker Storytime, Tales for Tails, Gingerbread House Workshop, Library Lego Lab, Doll’s Winter Tea Party, Family Game Day, and more. For all the details please go to  www.penfieldlibrary.org.

Please note that all Penfield Town Offices and the Penfield Library will be closed on Friday, November 10 in recognition of Veterans Day.

Until next week, enjoy the drier weather that is forecast in the coming days. This will give everyone an opportunity to ready their yards and property for the winter season ahead.

Tony

supervisor@penfield.org  




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