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FEBRUARY
12, 2009
WEB
SITE http://macedontown.net
A Regular Meeting of the Town
Board of the Town of Macedon held February 12, 2009 at the Town Offices, 32
Main Street in the Village of Macedon, was called to order by Supervisor
William Hammond 7:30 P.M.
Pledge of Allegiance
Upon Roll Call, the following members of the Board were present:
Councilperson……….David Maul
Councilperson……….David McEwen
Councilperson……….Cassandra Pagano
Supervisor…………...William Hammond
Absent: Councilperson……….Paul Kenyon
Also Present: Police Chief…………..John Colella
Town Attorney……..…Anthony Villani
Town Engineer……….Scott Allen
Town Clerk …………...Judy Gravino
RESOLUTION NO. 64(09) APPROVAL
OF MINUTES
RESOLVED the Board approves the minutes of January 22, 2009 as presented.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
REPORTS – The Supervisor presented:
Ambulance January Report
Police January Report
Police 2008 Year End Report
RESOLVED the Board approves the reports as submitted.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 66 (09) CAFALONE SPECIAL USE PERMIT PUBLIC
HEARING SET
RESOLVED the Town Board schedule a Public Hearing on the Cafalone Special Use Permit Application for a small landscaping business at 1214 Victor Road on February 26, 2009 at 7:45 p.m.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board schedule a Public Hearing on the VanEtten Special Use Permit Application for a small business (sale of coal/coal stoves) at 2157 Barnes Road on February 26, 2009 at 8:00 p.m.
MOTION BY MCEWEN, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 68 (09) GERKIN SPECIAL USE PERMIT PUBLIC
HEARING SET
RESOLVED the Town Board schedule a Public Hearing on the Gerken Special Use Permit Application for a dance/fitness studio at 1727 Canandaigua Road on February 26, 2009 at 8:15 p.m.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 69 (09) AMBULANCE EMSCHARTS SERVICE
AGREEMENT
RESOLVED the Macedon Town Board authorize the Town Supervisor to sign the emsCharts Service Agreement contract including Attachments A, B and C with a one-time set up fee of $500.00, and be it further
RESOLVED the Macedon Town Ambulance begin using this service to submit their PCR’s electronically as soon as possible, once all appropriate training and set up has been completed.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 70 (09) MACEDON RECREATION SUMMER CAMP
DIRECTOR AD
RESOLVED the Town Clerk is authorized to advertise for the summer position of Macedon Recreation Summer Camp Director.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
INFORMATION ONLY - LIQUOR LICENSE NOTICE
Prime Convenience located at 1241 Route 31 notified the Town Clerk of their intent to file an application with the NYS Liquor Authority to sell beer.
RESOLUTION NO. 71 (09) SUPERVISOR TERM
Please take notice that at its regularly scheduled meeting
held on February 12, 2009, the Town Board of the Town of Macedon adopted the
following resolution:
Be it resolved, that pursuant to New York Town Law Section 24-a, the term of Supervisor for the Town of Macedon shall be increased from 2 years to 4 years for the person elected to the office of Town of Macedon Supervisor in the election of November, 2011. This resolution will not affect the term of office of the person elected to the office of Macedon Town Supervisor in the election of November 2009.
This resolution is subject to mandatory referendum at the next town biennial election held at least one hundred and fifty (150) days subsequent to the adoption of this resolution, which election is currently scheduled for November 3, 2009.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board authorize the Town Clerk to attend the annual New York State Town Clerk’s Association Meeting from April 26-29, 2009 as budgeted.
MOTION BY MCEWEN, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
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FEBRUARY
12, 2009
RESOLUTION
NO. 73 (09) BOND RESOLUTION DATED
FEBRUARY 12, 2009 OF THE TOWN BOARD OF THE TOWN OF MACEDON, NEW YORK,
AUTHORIZING GENERAL OBLIGATION SERIAL BONDS TO FINANCE THE ACQUISITION OF LAND
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; 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 acquisition of land, or rights in land, located at 1620 Wayneport Road, Macedon, New York, including all buildings and other improvements consisting of one office building and one 4-bay garage on a lot approximately 300 feet by 287 feet in size to house the Macedon Police Department and Macedon Ambulance (hereinafter referred to as “purpose”), and general obligation serial bonds in an aggregate principal amount not to exceed $575,000 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 cost of said purpose, which may include preliminary costs and costs incidental thereto and costs of the financing thereof, is estimated to be $575,000 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 obligations 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 Subdivisions 11 and 21 of Paragraph a of Section 11.00 of the Local Finance Law, and that, such buildings being class “C” buildings as defined in such subdivision, 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.
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FEBRUARY
12, 2009
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.
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 is subject to a permissive referendum of the qualified electors of the Town of Macedon, pursuant to Section 35.00 of the Local Finance Law.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
Chief Colella reported success in obtaining the Impact Grant for the third year. This amounts to approximately $13,600 for the Town of Macedon.
Mark Welker announced they would not be hosting Monte Carlo Night this year.
Ora Rothfuss informed the Supervisor that the Cluster Development Study in Walworth and Macedon is near completion.
Scott Allen let the Board know that the Shoe Store and Dollar Store near Wal-Mart are now open. Coming soon to the same area will be Maurice’s and the Liquor Store.
Supervisor Hammond will contact the Village to see if the Village Board was available to meet with the Town Board at 6 p.m. on February 26, 2009 prior to the regular scheduled meeting.
RESOLVED the Board enter into Executive Session at 8:06 p.m. to discuss particular personnel.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
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FEBRUARY
12, 2009
RESOLVED the Board return to Open Session at 9:31 p.m.
MOTION BY HAMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Clerk is authorized to advertise for the position of Police Officer.
MOTION BY HAMMOND, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
ABSTRACT 2-09
Claim Nos. 18853-19096 Expenditures in the amount of
$404,078.78
RESOLVED the bills be paid as audited.
MOTION BY MCEWEN, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
MOTION BY HAMMOND, SECONDED BY MCEWEN THAT THE MEETING BE ADJOURNED AT 9:35 PM.
___________________________
Judy W. Gravino, RMC
Macedon Town Clerk