The Regular Meeting of the Town Board of the Town of Macedon held May 23, 2002 at the Town Complex, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William H. Hammond at 7:30 p.m.
Pledge of Allegiance.
Upon Roll Call, the following members of the Board were present:
Councilperson………………Dean Collins
Councilperson………………Paul Kenyon
Councilperson………………David Maul
Councilperson………………Kenneth Nawrocki
Supervisor…………………..William Hammond
Also Present:
Attorney…………………….Anthony Villani
Town Engineer……………...Scott Allen
Town Clerk…………………Judy Gravino
RESOLUTION NO. 157 (02) APPROVAL OF MINUTES
RESOLVED the minutes of May 9, 2002 be approved as presented.
MOTION BY MAUL, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 158 (02) DRAINAGE COMMITTEE APPOINTMENT – BAKER
RESOLVED that Richard Baker be appointed to the Drainage Committee
effective May 22, 2002 for the remainder of the calendar year.
MOTION BY KENYON, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 159 (02) LIBRARY BOARD TRUSTEE APPOINTMENT –
JOHNSTON
WHEREAS the Macedon Library By-Laws revised February 20, 2001 stated
the Board of Trustees shall consist of six to nine members and
WHEREAS Clara Johnston expressed an interest in serving as a Macedon Library Board Trustee on April 26, 2001 and has since served in that capacity be it
RESOLVED that Clara Johnston be appointed to the position of Library
Board Trustee (seventh member) for a term retroactive to April 26, 2001
through December 31, 2005.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 160 (02) SPINNERS SKATE CENTER SPECIAL USE PERMIT
PUBLIC HEARING
RESOLVED the Town Board set a Public Hearing on June 13, 2002 at 8:00
p.m. to hear public comment on Spinner’s Skate Center’s application for
a Special Use Permit to allow an outdoor extreme skate center located in
the South parking area located at 280 Route 31.
MOTION BY COLLINS, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Marvin’s Gardens will not be discussed until June 13, 2002 by mutual consent. Town Engineer, Scott Allen, is reviewing part 2 of the SEQR.
NO. 11 PAGE 2
MAY 23, 2002
TOWN COMPLEX/LIBRARY PROJECT
Councilperson Collins gave a presentation on the Town Complex/Library
project. The proposed project consists of constructing two (2) 8,021
square foot buildings, a Town Hall and a Library. Parking will be
expanded to approximately 100 spaces. Previously a small piece of
property was given to the school for future access to Main Street for a
bus loop from the Elementary School. The Town's parking lot will
have access to this driveway. The total project cost is as follows:
$2,446,000 – Total Project Cost
1,656,000 – Insurance Money
170,000 – Reserve Building Fund (Town)
100,000 – State Grant from Oaks/Nozzolio
50,000 – Reserve Building Fund (Library)
$470,000 – TOTAL AMOUNT TO BOND
Each building is projected to cost approximately $900,000. This will cost the taxpayer $0.14/$1,000 assessed valuation for 15 years, assuming full term on the bonds, no growth in the town in assessed value and the bids coming in on target. A resident owning a $100,000 home will pay $14/year. Previously a permissive referendum authorized an expenditure of $350,000 to purchase a 5,000 square foot modular. The new proposal to bond $470,000 will allow us to build two (2) buildings consisting of 8,021 square feet each. This substantially increases the Library and includes an area for seniors to use. The Bullis collection will have its own room. Each buildings will have a brick façade with peeked roofs. The building sets approximately 75 feet from Rt. 31. There is more space on the site to expand toward Rt. 31 or connect the buildings in the future. Using the gravel on site for fill with the Highway Department doing the grading work saved a lot of money. These buildings will face the parking lot. Several fund raising projects are being considered by the Library, such as the Bullis matching fund grant and selling bricks. The Bullis Matching Grant will be Library money. If the Town continued to rent at $7,000/month it would cost $0.23/$1,000 in the next budget. The space that we are now renting is not sufficient for the Town to continue to operate especially the Library. A town wide mailer will go out within the next two weeks informing the residents.
RESOLUTION NO. 161 (02) BOND RESOLUTION DATED MAY 23, 3002 OF
THE
TOWN BOARD OF THE TOWN OF MACEDON, NEW
YORK, AUTHORIZING GENERAL OBLIGATION
SERIAL BONDS TO FINANCE CERTAIN CAPITAL
IMPROVEMENTS CONSISTING OF A NEW TOWN
COMPLEX AND LIBRARY, AUTHORIZING THE
ISSUANCE OF BOND ANTICIPATION NOTES IN
COMTEMPLATION THEREOF, THE EXPENDITURE
OF SUMS FOR SUCH PURPOSE, AND DETERMINING
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the Town has duly complied with the requirements of the State Environmental Quality Review Act and the applicable regulations thereunder of the State of New York with respect to the purpose hereinafter described and the financing therefor and has issued its final determination and negative declaration with respect thereto; now therefor, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF MACEDON, NEW YORK (hereinafter
referred to as the “Town”), by the favorable vote of not less than two-thirds
of all of the members of such Board, as follows:
NO. 11 PAGE 3
MAY 23, 2002
Section 1. The Town of Macedon shall undertake certain capital improvements consisting of the construction of a New Town Complex and Library, various site and other incidental improvements in connection therewith and the acquisition of original furnishings, equipment, machinery or apparatus that may be required in connection therewith for such construction and Town use (hereinafter referred to as “purpose”), and general obligation serial bonds in an aggregate principal amount not to exceed $470,000 and bond anticipation notes in anticipation thereof (and renewals thereof) of the Town are hereby authorized to be issued to finance said purpose.
Section 2. The estimated maximum aggregate cost of said purpose, which may include preliminary costs and costs incidental thereto and costs of the financing thereof, is estimated to be $2,446,000 and said amount is hereby appropriated therefor. The plan for financing of said purpose is to provide up to $470,000 of such maximum cost by issuance of obligations as herein authorized, with the balance to be provided by (a) the amount of grants or other contributions received from the Library or other sources, if any, presently estimated to be $150,000, and (b) the amount of casualty insurance proceeds received, presently estimated to be up to $1,656,000, and (c) up to $170,000 hereby authorized to be expended from the existing capital reserve fund, for such purpose.
Section 3. It is hereby determined and declared that (a) such building shall be a class “C” building as defined in Subdivision 11 of Paragraph a of Section 11.00 of the Local Finance Law, and said purpose is one of the class of objects or purposes described in Subdivision 11 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is fifteen (15) years, (b) the proposed maximum maturity of said bonds authorized by this resolution will be in excess of five years, (c) current funds required to be provided prior to the issuance of the bonds or notes herein authorized, pursuant to Section 107.00 of the Local Finance Law, to the extent applicable, if any, will be provided, (d) the notes herein authorized are not issued in anticipation of bonds for an assessable improvement, and (e) there are presently no outstanding bond anticipation notes issued in anticipation of the sale of said bonds.
Section 4. The bonds and notes authorized by this resolution shall contain the recital of validity prescribed in Section 52.00 of the Local Finance Law and such bonds and notes shall be general obligations of the Town and all the taxable real property in the Town is subject to the levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount.
Section 5. It is hereby determined and declared that the Town reasonably expects to reimburse the general fund, or such other fund as may be utilized, not to exceed the maximum amount authorized herein, from the proceeds of the obligations authorized hereby for expenditures, if any, from such fund that may be made for the purpose prior to the date of the issuance of such obligations. This is a declaration of official intent under Treasury Regulation 1.150-2.
Section 6. The power to further authorize the sale, issuance and
delivery of said bonds and notes and to prescribe the terms, form and contents
of said bonds and notes, including, without limitation, the consolidation
with other issues, the determination to issue bonds with substantially
level or declining annual debt service, all contracts for, and determinations
with respect to, credit or liquidity enhancements, if any, and to sell
and deliver said bonds and notes, subject to the provisions of this resolution
and the provisions of the Local Finance Law, is hereby delegated to the
Town Supervisor, the Town’s chief fiscal officer. The Town
Supervisor and the Town Clerk or Deputy Clerk are hereby authorized to
sign by manual or facsimile signature and attest any bonds and notes issued
pursuant to this resolution, and are hereby authorized to affix to such
bonds and notes the corporate seal of the Town of Macedon.
NO. 11 PAGE 4
MAY 23, 2002
Section 7. The faith and credit of the Town of Macedon, New York are hereby irrevocably pledged for the payment of the principal of and interest on such bonds and notes as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year.
Section 8. After compliance with Section 9 hereof, this resolution shall be published in full by the Town Clerk of the Town of Macedon together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law, and such publication shall be in each official newspaper of the Town, in the manner prescribed by law. The validity of said bonds and bond anticipation notes issued in anticipation of the sale of said serial bonds, may be contested only if such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or the provisions of law which should be complied with, at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution, before becoming effective, shall be approved at a special referendum of the qualified voters of said Town to be held on June 25, 2002.
MOITON BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 162 (02) A RESOLUTION PROVIDING FOR THE HOLDING
OF A SPECIAL TOWN REFERENDUM OF THE
TOWN OF MACEDON, WAYNE COUNTY, NEW
YORK, FOR THE APPROVAL OF A CERTAIN BOND
RESOLUTION, AND PROVIDING FOR OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the Town Board of the Town of Macedon, Wayne County, New York, has heretofore at this meeting duly adopted a bond resolution authorizing the certain capital improvements consisting of the construction of a new Town Complex and Library, various site and other incidental improvements in connection therewith and the acquisition of original furnishings, equipment or apparatus that may be required in connection therewith for such construction and Town use, and further authorizing the issuance of up to $2,446,000 of general obligation bonds of said Town to finance the costs thereof, which resolution was adopted in the manner prescribed by Article 6 of the Town Law; and
WHEREAS, pursuant to Section 92 of the Town Law, the Town Clerk has prepared and transmitted to this Board a form of proposition for the approval of such bond resolution containing an abstract of such bond resolution concisely stating the purpose and effect thereof; and
WHEREOF, it is now desired to provide for the holding of a special referendum for the submission of such proposition and to provide for the notice of such referendum and other matters in connection therewith; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Macedon, Wayne County, New
York, as follows:
NO. 11 PAGE 5
MAY 23, 2002
Section 1. A special referendum of the Town of Macedon, Wayne County, New York, shall be held on Tuesday, June 25, 2002, for the purpose of submitting a proposition for the approval of the bond resolution described in the preambles hereof. The place of holding such referendum shall be at the Macedon Elementary School, Bickford Street and the Macedon Center Fire Department, 2481 Canandaigua Road, in Macedon, New York, and the polls for such referendum shall be kept open for the purpose of voting on such proposition between the hours of 6:00 AM and 9:00 PM, Prevailing Time. The proposition to be submitted at said special referendum shall be in substantially the form hereinafter set forth in the form of notice of such special referendum.
Section 2. The Town Clerk is hereby authorized and directed to
give notice of said special referendum by publication of a notice once
in the official newspaper of the Town, said publication to be made at least
ten days prior to the date of said special referendum. In addition,
the Town Clerk shall cause a copy of such notice to be posted on the sign-board
of the Town maintained pursuant to subdivision six of section thirty of
the Town Law at least ten days before the date of said special referendum.
Such notice shall be in substantially the following form, to wit:
NO. 11 PAGE 6
MAY 23, 2002
NOTICE OF SPECIAL REFERENDUM
NOTICE IS HEREBY GIVEN that a special Town referendum in and for the Town of Macedon, Wayne County, New York, will be held on Tuesday, June 25, 2002, at the Macedon Elementary School, Bickford Street and the Macedon Center Fire Department, Macedon, New York, at which the polls will remain open for the purpose of voting between the hours of 6:00 AM and 9:00 PM, Prevailing Time, for the purpose of submitting the following described proposition for the approval of the qualified electors of said Town:
PROPOSITION
Shall the bond resolution adopted by the Town Board of the Town
of
Macedon, New York, dated May 23, 2002, authorizing the issuance of
up to
$470,000 of general obligation serial bonds of the Town to pay a portion
of the
costs for the construction of a new Town Complex and Library, various
site and
other incidental improvements in connection therewith and the acquisition
of
original furnishings, equipment, machinery or apparatus required in
connection
therewith for such construction and Town use, at a maximum estimated
aggregate
cost of $2,446,000; with the balance of such costs to be provided by
(a) the
amount of grants or other contributions received from the Library or
other
sources, if any, presently estimated to be $150,000, and (b) the amount
of casualty
insurance proceeds received, presently estimated to be up to $1,656,000,
and (c)
up to $170,000 hereby authorized to be expended from the existing capital
reserve
fund for such costs, providing for the issuance of bond anticipation
notes;
determining that the period of probable usefulness thereof and maximum
permissible term of any borrowing is fifteen years; and pledging
the faith and
credit of the Town to the payment of such obligations and the interest
thereon, be
approved?
A copy of the bond resolution referred to in the aforesaid proposition is on file in the office of the Town Clerk of said Town, where the same may be examined by any interested persons during regular business hours.
Any person qualified to vote at a general Town election may vote upon the proposition to be submitted at the aforesaid special referendum.
Dated: Macedon, New York
May 23, 2002
BY ORDER OF THE TOWN BOARD OF
THE TOWN OF MACEDON, WAYNE
COUNTY, NEW YORK
By: Judy W. Gravino
Town Clerk
Section 3. This resolution shall take effect immediately. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 11 PAGE 7
MAY 23, 2002
RESOLUTION NO. 163 (02) PUBLIC HEARING SET AMENDING TOWN CODE
TELECOMMUNICATIONS TOWERS
RESOLVED the Town Board schedules a Public Hearing on June 13, 2002
at 8:30 p.m. regarding proposed Local Law No. 2 (02) which will regulate
building and placement of telecommunication towers.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
ROUNDTABLE
Councilperson Collins – Requested Councilperson Kenyon review the new duty position statement prepared by the Assessor, Donna Komor.
Councilperson Kenyon – Presented Councilperson Maul with a “General’s Hat”.
CORRESPONDENCE – The Supervisor presented the following:
1. Andrew Sloan thanked the Board for their support of
the 2002 Cropwalk for the
Hungry in a letter dated May 13, 2002.
2. Senator Nozzolio will forward any additional information
received from Charles
Moynihan regarding the intersection
of Route 31 and Yellow Mills Road and the
speed limit on Route 31F.
3. Charles Jefferson, Macedon Public Library Trustee, submitted the
CEFAP application
document for the $100,000 grant sponsored
by Senator Nozzolio and Assemblyman
Oaks for the Macedon Public Library
project dated May 17, 2002.
4. In an undated letter Peter and Mary Short voiced their concerns
about the proposed
Conifer Development.
5. The American Legion invited the Town Board to participate in the
Memorial Day
Parade to be held in Macedon Center
at 1:00 p.m. on Monday, May 27, 2002.
Speeches and awards will be at the front
of the Academy on Rt. 31F.
6. NYSDEC submitted a letter dated May 9, 2002 regarding the Frank
DiMino Application for the construction of an access road at 621 Pittsford-Palmyra
Road.
7. Midlakes Erie Macedon Landing has scheduled a grand opening on Saturday,
June 1, 2002 at 1:00 p.m. and extended an invitation to the Town Board.
REPORTS – The Supervisor presented the following:
Planning Board Minutes - April 26, 2002
Library Board Minutes – May 21, 2002
RESOLUTION NO. 164 (02) APPROVAL OF REPORTS
RESOLVED the reports submitted be approved.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 165 (02) LEASE – TURK HILL
RESOLVED the Board authorizes the Supervisor to enter into an agreement
with Turk Hill Park to extend the current lease for six (6) months and
a month to month lease thereafter at the same rate of $7,070.
MOTION BY KENYON, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 166 (02) EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 9:12 p.m. to discuss
personnel and invites Scott Allen to attend.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 11 PAGE 8
MAY 23, 2002
RESOLUTION NO. 167 (02) OPEN SESSION
RESOLVED the Board returns to Open Session at 9:35 p.m.
MOTION BY COLLINS, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 168 (02) RESIGNATION – CLERK TO ENGINEER, PLANNING
BOARD & ZBA – HABECKER
RESOLVED that the Town Board accepts the resignation of Jennifer Habecker,
Clerk to the Engineer, Planning Board and Zoning Board of Appeals effective
June 4, 2002.
MOTION BY HAMMOND, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Cingular has submitted an application for a cell tower which appears to be lacking necessary information. They will be notified that the Town will seek help in reviewing the application and that Cingular will be responsible for the cost.
MOTION BY COLLINS, SECONDED BY NAWROCKI THAT THE MEETING BE ADJOURNED.
THE MEETING ADJOURNED AT 9:51 PM.
_____________________________
Judy W. Gravino, RMC
Town Clerk