NO. 20 OCTOBER 11, 2007 PAGE 1
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of Macedon held October 11, 2007 at the Town Offices, 32 Main Street, in the Village 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……David McEwen
Councilperson……Kenneth Nawrocki
Supervisor………..William Hammond
Absent: Councilperson…….Paul Kenyon
Councilperson…….David Maul
Also Present: Town Attorney…..Anthony Villani
Town Engineer…Scott Allen
Hwy Superintendent..Richard Roets
Deputy Town Clerk…Linda Habecker
WHEREAS, the Town of Macedon has received funds from the United States government in the sum of $29,674.00 and
Whereas, such funds are required by the conditions of the closing of the agricultural easement from Paul and Susan Maier to the Town of Macedon, to be drawn upon the escrow account of the Town Attorney, now
BE IT RESOLVED that Kim Leonard, be and the same is authorized and directed to immediately wire funds received above to the escrow account of
Anthony J. Villani, P.C.
Trust Acct. #534815243
HSBC BANK
100-104 Church Street
Newark, New York 14513
Routing #021001088
MOTION BY NAWROCKI, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MCEWEN AYE,
NAWROCKI AYE HAMMOND AYE MOTION CARRIED
WHEREAS, THE Town of Macedon has received funds from the United States government in the sum of $61,924.00, and
WHEREAS, such funds are required by the conditions of the closing of the agricultural easement from Leo and Carolyn Rogers to the Town of Macedon, to be drawn upon the escrow account of the Town Attorney, now
BE IT RESOLVED that Kim Leonard, be and the same is authorized and directed to immediately wire the funds received above to the escrow account of
Anthony J. Villani, P.C.
Trust Acct.#534815243
HSBC BANK
100-104 Church Street
Newark, New York 14513
Routing #021001088
MOTION BY NAWROCKI, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 20 OCTOBER 11, 2007 PAGE 2
RESOLVED the Supervisor is authorized to sign a contract to purchase 1 Stryker MX Pro ambulance cot and 1 Stryker Stair Pro at a cost of $6,024.09 to be expensed from A4540.200
MOTION BY NAWROCKI, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Macedon Hills Family Restaurant has submitted their wine license renewal.
Richard Roets stated that they have been working on drainage road crossings and tying things up for the winter. William Hammond asked Dick Roets to trim the over hanging trees at the cemetery on Yellow Mills Road per Joan Keisinger’s request.
7:45 P.M. PUBLIC HEARING - MACEDON SEWER DISTRICT 1
RESOLVED the Town Board waives reading of the legal notice published in the 8/27/07 issue of the times.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 254 (07) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be closed at 7:51 P.M.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 255 (07) MACEDON SEWER DISTRICT 1
IMPROVEMENTS APPROVED
WHEREAS, the Town Board of the Town of Macedon, New York (the "Town"), has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Town Law § 202-b, relating to the increase and improvement of the facilities of the Macedon Sewer District No. 1(the "District") in the Town, consisting of consisting of the construction of 3094 lineal feet of 12" diameter SDR-35 PVC Sanitary Sewer pipe on the north side of New York State Route 31 from the Exxon Mobil Tech Center easterly to Miceli’s Restaurant with
approximately 16 new manholes, and the acquisition of original furnishings, equipment, machinery or apparatus and other incidental improvements that may be required in connection therewith ; and
WHEREAS, at a meeting of the Town Board duly called and held on September 27, 2007 an order was duly adopted by it and entered in the minutes specifying the Town Board would meet to consider the increase and improvement of the facilities of the District in the Town at a maximum estimated cost of $ 650,000.00, which shall be assessed against benefited properties in the District, and to hear all persons interested in the subject thereof concerning the same at the Macedon Town Hall, 32 Main Street, Macedon, New York 14502 on October 11, 2007 at 7:45 P.M. ; and
WHEREAS, said order duly certified by the Town Clerk was duly published and posted as required by law, to-wit: a duly certified copy thereof was published in the official newspaper of the Town, on October 1, 2007, and a copy of such order was posted on October 1, 2007, on the signboard maintained by the Town Clerk, pursuant to Town Law § 30(6); and
NO. 20 OCTOBER 11, 2007 PAGE 3
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; and
WHEREAS, said capital project has been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects;
Now, Therefore, Be It Ordered and Resolved, by the Town Board, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the improvement, to increase and improve the facilities of the Macedon Sewer District No. 1 consisting of consisting of the construction of 3094 lineal feet of 12" diameter SDR-35 PVC Sanitary Sewer pipe on the north side of New York State Route 31 from the Exxon Mobil Tech Center easterly to Miceli’s Restaurant with
approximately 16 new manholes, and the acquisition of original furnishings, equipment, machinery or apparatus and other incidental improvements that may be required in connection therewith.
Section 2. The town board hereby decides, after such hearing and upon the evidence given thereat, that it is in the public interest to construct the proposed improvement.
Section 3. The town board has accepted from the town engineer the definite plans and specifications and careful estimate of the expense, and, with the assistance of the town attorney, to has reviewed and prepared a proposed contract for the execution of the work.
Section 4. The said board having examined such definite plans, specifications, estimate and the proposed contract, adopts the same and authorizes the town engineer to solicit bids in accordance with the applicable provisions of the General Municipal Law to be properly advertised.
Section 5. This order shall take effect immediately
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 256 (07) SEWER
DISTRICT #1 IMPROVEMENTS
SOLICIT BIDS
RESOLVED the Town be authorized to solicit bids on behalf of Sewer District #1 Improvements - bid opening date November 1, 2007 at 1 P.M. at the Macedon Town Hall.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON ABSENT, MAUL ABSENT, MCEWEN AYE,
NAWROCKI AYE HAMMOND AYE MOTION CARRIED
Officer John Colella addressed the Town Board on the drug bust that resulted in obtaining high-grade marijuana coming through to the United States from Canada. The state and the federal government will continue with the case.
He also stated that some of the tools used in the case were from grant items that the Town of Macedon obtained. The money and property obtained in this bust between $800,000 & $900,000 will be divided among the police departments involved in the case. The Town Board commended Officer Colella on job well done.
Councilman David Maul entered the meeting at 8:15 P.M.
NO. 20 OCTOBER 11, 2007 PAGE 4
AUTHORIZING
GENERAL OBLIGATION BONDS OF THE TOWN OF ACEDON TO FINANCE SEWER SYSTEM CAPITAL
IMPROVEMENTS WITHIN THE TOWN, AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION
NOTES
IN CONTEMPLATION THEREOF, THE EXPENDITURE
OF
SUMS FOR SUCH PURPOSE, AND DETERMINING OTHER
MATTERS
IN CONNECTION THEREWITH.
WHEREAS, the Town of Macedon, acting as lead agency under the State Environmental Quality Review Act and the applicable regulations promulgated thereunder (“SEQRA”), has completed its environmental review and has duly issued a negative declaration and has determined that the implementation of the unlisted action as proposed will not result in any significant adverse
environmental impacts and is not subject to any further environmental review under SEQRA; and
WHEREAS, the Town of Macedon Sewer District No. 1 is a Sewer District of the Town of Macedon, New York, duly established by the Town Board pursuant to the Town Law and, pursuant to a resolution adopted on October 11, 2007, the Town has duly authorized additional facilities therein pursuant to §202-b of the Town Law; 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:
Section 1. The Town of Macedon shall undertake the increase and improvement of the Town of Macedon Sewer District No. 1, consisting of the construction of 3094 lineal feet of 12" diameter SDR-35 PVC Sanitary Sewer pipe on the north side of New York State Route 31 from the Exxon Mobil Tech Center easterly to Miceli’s Restaurant with approximately 16 new manholes, and the acquisition of original furnishings, equipment, machinery or apparatus and other incidental
improvements that may be required in connection therewith (hereinafter referred to as “purpose”), and general obligation serial bonds in an aggregate principal amount not to exceed $650,000 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 aggregate maximum cost of said purpose, including preliminary costs and costs incidental thereto and costs of the financing thereof, is estimated to be $650,000 and said amount is hereby appropriated therefor. The plan for financing of said purpose is to provide all of such maximum cost by issuance of bonds or bond anticipation notes as herein authorized.
Section 3. It is hereby determined and declared that (a) said purpose is one of the class of objects or purposes described in Subdivision 4 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is forty (40) 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 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.
NO. 20 OCTOBER 11, 2007 PAGE 5
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 power to contract and issue indebtedness pursuant to §169.00 of the Local Finance Law, 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.
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. Such bonds and notes shall be payable from a levy on real property in such district benefitted or user charges therefor, in the manner provided by law, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds and notes. 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. This resolution, or a summary hereof, 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 or of any bond anticipation notes
issued in anticipation of the sale of said 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 shall take effect immediately upon its adoption.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
REPORTS - POLICE REPORT SEPTEMBER 2007
RESOLVED the Board approves the reports as submitted.
MOTION BY MCEWEN, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 20 OCTOBER 11, 2007 PAGE 6
RESOLVED the Board approves the minutes of September 27, 2007 with the following correction:
RESOLUTION NO. 247(07) CERTIFICATE OF NEED – AMBULANCE – DODGE
RESOLVED the Supervisor be authorized to extend the contract with Rick Dodge for work associated with the Certificate of Need for ambulance through December 31, 2007 removing the 20-hour limit, subject to Supervisor’s discretion at a rate of $15/hour to be expensed from A4540.400.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
NAWROCKI ABSTAIN,HAMMOND AYE MOTION CARRIED
RESOLVED the Board enter into Executive Session at 8:25 P.M. for a particular personnel matter.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED THE Board returns to open session at 9:21 P.M.
MOTION BY MCEWEN, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVE that the Macedon Town Board accepts the letter of retirement of Chief John Ellis and thanks him for his years of service, and further
RESOLVES that Supervisor is authorized to sign separation agreement authorized by Macedon Town Board.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
ABSTRACT 10-07
CLAIM NOS. 15853 - 16010 Expenditures in the amount of
$382,436.68
RESOLVED the Board pays bills as audited.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
MOTION BY MCEWEN, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED AT 9:31 P.M.
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Linda Habecker
Deputy Town Clerk