NO. 6 PAGE 1
FEBRUARY
14, 2008
WEB
SITE http://macedontown.net
A Regular Meeting of the Town
Board of the Town of Macedon held February 14, 2008 at the Town Offices, 32
Main Street in the Village of Macedon, was called to order by Supervisor
William Hammond at 7:30 P.M.
Pledge of Allegiance
Upon Roll Call, the following
members of the Board were present:
Councilperson……….Paul Kenyon
Councilperson……….David Maul
Councilperson……….David McEwen
Councilperson……….Ken Nawrocki
Supervisor…………...William Hammond
Also Present: Highway Supt………..Richard Roets
Sergeant Police.…….John Colella
Town Attorney…….…Anthony Villani
Town Clerk…………..Judy Gravino
Reports – The Supervisor presented the following report:
Macedon Police Department January 2008 Monthly Agenda
RESOLVED the Board approves the report as submitted.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
BE IT RESOLVED that the following individuals as Town Officials or Budget Directors are entitled to authorize overtime to employees who have engaged in authorized work beyond the normally scheduled work period. Overtime pay is defined by any hours or parts of hours worked and are to be compensated at a rate either determined by collective bargaining agreement or by statute:
William Hammond, Supervisor
Sgt. John Colella, Officer-In-Charge, Macedon Police Department
Richard Roets, Highway Superintendent
BE IT FURTHER RESOLVED that the above named individuals are not authorized to exceed the budget allocation designated for overtime without prior approval of the Town Board unless an emergency or contingency occurs necessitating such overtime. Should this happen the above named individuals should make every effort to inform the Board and the Supervisor as soon as practicable.
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
BE IT RESOLVED that the Town Board authorizes Richard Roets, Highway Superintendent, to increase the rate of pay for Andre’ Bellefontaine from $16.12 per hour to $17.12 per hour effective 2/2/08.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 6 PAGE 2
FEBRUARY
14, 2008
RESOLVED the Macedon Town Board authorize the following budget adjustments for January 2008:
AL 0511 Appr. F.B. Local Drug Seizure 191.30
A 0960 Appropriations 191.30
AL 3120.400 Local Drug Seizure Account 191.30
B 0510 Estimated Revenues 840.00
B 2410 Rental – Midlakes Canal Permit 840.00
B 0960 Appropriations 840.00
B 8510.400 Canal Permit – Midlakes 840.00
To record budget adjustments necessary for expenses incurred thru the local drug seizure account and the increase in the annual lease for the Thruway Authority from $6,200.00 to $7,040.00 as agreed by the Town and Midlakes.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED that the Town Board does hereby establish the following amount to represent the petty cash for the Macedon Town Ambulance:
Director Of Medical Services $100
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED upon the recommendation of the Wayne County Planning Board the Kaplin Special Use Permit be approved to operate a small business at 2904 Kittering Road with the following stipulations:
with the permit to expire 12/31/2008.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON NAY, MAUL NAY, MCEWEN NAY,
NAWROCKI NAY, HAMMOND NAY MOTION DENIED
RESOLVED the Kaplin Special Use Permit be denied.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 6 PAGE 3
FEBRUARY
14, 2008
RESOLVED the Town Board approves the purchase of radio equipment per the 2/11/2008 proposal #PV1010492 from Flower City Communications not to exceed $1,424 to be expensed from A4540.200.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Rick Dodge submitted the Macedon Town Ambulance, Inc. preliminary report for February 3, 2008 through February 14, 2008.
The Town Clerk reported that Norman G. Sharman has submitted his intent to file an application with the NYS Liquor Authority for Crooked Pines Golf Club, 1148 Wayneport Road.
Richard Roets, Highway Superintendent advised the Board the lane mileage on state roads has increased from 27.80 to 33.70.
In the matter of the petition of the owners of more than one-half of the assessed valuation of all the taxable real property in the proposed extension to Sewer District No. 1 in the Town of Macedon, County of Wayne, and State of New York, and comprising all the residents of said proposed extension area according to the latest completed assessment roll of the said town for the creation of the said extension to Sewer District No. 1:
WHEREAS, a written petition has been presented to and filed with the Town Board of the Town of Macedon praying that all the following described land situate in the Town of Macedon, Wayne County, New York, and more particularly bounded and described on Schedule A annexed there to and made a part hereof, be established into an extension to Sewer District No. 1 of the Town of Macedon, Wayne County, New York, and
WHEREAS, it is proposed to allow petitioners to connect to said sewer system, and
WHEREAS the estimated cost to the typical property or typical dwelling unit (single-family home) in the proposed District is for operation and maintenance of the extension and connection to the existing system shall be raised by the payment by petitioners of the annual fees imposed upon Sewer District #1. Currently these fees are as follows: No funds of the Town of Macedon or the existing Town Sewer District #1 for the acquisition of rights of way, maps and plans, construction of the extension or connection with the existing Town Sewer District is anticipated. Petitioners are aware that they will be responsible for the annual costs imposed by the existing Town Sewer District, which currently are as follows:
Residential: $1000 hook up fee per hook up plus application fee of $10
$400 per year per unit use charge
Commercial: $2000 hook up fee per hook up plus application fee of $10
$800 per year per unit use charge
and
NO. 6 PAGE 4
FEBRUARY
14, 2008
WHEREAS, copies of the map, plan and report submitted by petitioners describing the proposed district are on file and available for review at the Town Clerk’s Office during regular business hours.
Now on motion of Supervisor Hammond, seconded by Councilman Maul, all members present voting therefore, it is
ORDERED that a meeting of the Town Board of the Town of Macedon be held at the Town Hall, 32 Main Street in the Town of Macedon on the 13th day of March, 2008, at 8:00 P.M. to consider the said petition and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation to such petition as may be required by law, and it is further
ORDERED that the Town Clerk give notice of such hearing by publishing at least once in the official paper of the Town of Macedon, a certified copy of this order, the first publication thereof to be not less than ten nor more than twenty days before such hearing, and by posting a copy of this order on the signboard of the Town Clerk’s Office not less than ten nor more than twenty days before such hearing.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 73 (08)
SUPPLEMENTAL BOND RESOLUTION DATED FEBRUARY 14, 2008 AUTHORIZING GENERAL
OBLIGATION BONDS OF THE TOWN OF MACEDON 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 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 duly
authorized additional facilities therein pursuant to §202-b of the Town Law and
duly authorized financing therefor pursuant to a bond resolution dated October
11, 2007 (the “Original Bond Resolution”); and
WHEREAS,
on February 14, 2008 the Town duly authorized an additional increase and
improvement of facilities in the amount of up to $50,000 and desires to provide
for the financing thereof by supplementing the Original Bond Resolution by the
adoption of this Supplemental Bond Resolution; and
WHEREAS,
the Town of Macedon, acting as lead agency under the State Environmental
Quality Review Act and the applicable regulations promulgated thereunder
(“SEQRA”), on January 24, 2008, 2008, has duly made a negative declaration
under SEQRA with respect to the purpose hereinafter described and the financing
therefor and duly 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; 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. 6 PAGE 5
FEBRUARY
14, 2008
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, as set forth in the Original Bond Resolution,
and the additional increase and improvement of the Town of Macedon Sewer
District No. 1, consisting of a Wayneport Road Pump Station including a 80KW
propane or natural gas generator, 300 A ATS, and weatherproof enclosure and Chain
link fence and gate of 200 ft and a Cedar Creek Pump Station including a 180 KW
propane or natural gas generator, 600 A ATS, and weatherproof enclosure and
3-phase service installation, 60 A 208 V, 4-wire and chain link fence and gate
of 300ft with Topographical surveys and easement searches for both sites, and
the acquisition of original furnishings, equipment, machinery or apparatus and
other incidental improvements that may be required in connection therewith
(hereinafter collectively referred to as “purpose”) in an additional amount not
to exceed $50,000, and general obligation serial bonds in an aggregate
principal amount not to exceed $700,000 and bond anticipation notes in
anticipation thereof (and renewals thereof) of the Town are now hereby authorized
to be issued to finance said purpose , and such additional amount is hereby
appropriated therefor.
Section
2. The aggregate maximum cost
of said purpose, including preliminary costs and costs incidental thereto and
costs of the financing thereof, is now estimated to be $700,000 and said amount
is hereby appropriated therefor. The
plan for financing of said purpose is to provide up to $650,000 of such maximum
cost by the issuance of bonds or bond anticipation notes as authorized under
the Original Bond Resolution and to provide up to $50,000 of such maximum cost
by the 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.
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.
NO. 6 PAGE 6
FEBRUARY
14, 2008
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 HAMMOND, SECONED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board enters Executive Session at 8:27 p.m. for a personnel session and invites Richard Roets, John Colella and Rick Healy to attend.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board return to Open Session at 9:24 p.m.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
On the recommendation of the Officer In Charge, BE
IT RESOLVED that William Powell be appointed Part-Time Police Officer effective
February 14, 2008.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 6 PAGE 7
FEBRUARY
14, 2008
RESOLVED to purchase a Xerox Printer/Copier C20 per
the February 8, 2008 quote not to exceed $1,599 and be it further
RESOLVED to purchase maintenance and consumable
supplies contract per the February 8, 2008 quote not to exceed $15/month with a
$0.0190 per copy charge to be expensed from A1110.200.
MOTION BY MCEWEN, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Expenditures in the amount of
$366,073.79
RESOLVED the bills be paid as audited.
MOTION BY HAMMOND, SECONED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE.
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
MOTION BY MCEWEN, SECONDED BY HAMMOND THAT THE
MEETING BE ADJOURNED AT 9:55 PM.
_________________________
Judy W. Gravino, RMC
Macedon Town Clerk