NO. 15                                                                                                               PAGE 1

September 9, 2010

WEB SITE http://macedontown.net

 

A Regular Meeting of the Town Board of the Town of Macedon held September 9, 2010 at the Town Offices, 32 Main Street in the Village of Macedon, was called to order by Deputy Supervisor Paul Kenyon 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……….Cassandra Pagano

 

Absent:                       Supervisor…………...William Hammond

 

Also Present:           Attorney……………….Anthony Villani

Highway Supt…………Richard Roets

Police Chief……………John Colella

                                   Town Clerk...……….…Judy Gravino

                                    Town Justice………….Ronald Reinstein

 

RESOLUTION NO. 189 (10) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of August 12, 2010 as presented.

MOTION BY MCEWEN, SECONDED BY PAGANO

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN ABSTAIN,

PAGANO AYE, HAMMOND ABSENT

 

REPORTS – The Deputy Supervisor presented the following:

Macedon Police Department – August 2010

Wayne County Sheriff’s Office – July 2010

 

RESOLUTION NO. 190 (10) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY MAUL, SECONDED BY PAGANO

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

PAGANO AYE, HAMMOND ABSENT

 

CORRESPONDENCE –

NYMIR voted to submit an application to the NYS Insurance Department for rate decreases to be effective January 1, 2011.

 

Excellus has submitted rate changes to the NYS Insurance Department for approval.

 

Palmyra-Macedon Public Library tax question and answer sheet explained the law regarding collecting public library taxes for the Macedon Public Library versus the inability to collect on behalf of the now Palmyra Community Library.  The school district has no authority to collect tax on behalf of the Palmyra Community Library, so only $15,000 will be collected on behalf of the Macedon Public Library.  It explained how the tax could be increased, decreased or eliminated.

 

RESOLUTION NO. 191 (10) ASSESSMENT REVIEW BOARD APPOINTMENT

RESOLVED the Town Board reappoints Kenon Jones to the Assessing Review Board effective October 1, 2010 with term to expire 9/30/2015.

MOTION BY MAUL, SECONDED BY PAGANO

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

PAGANO AYE, HAMMOND ABSENT

 

 

 

NO. 15                                                                                                               PAGE 2

September 9, 2010

 

RESOLUTION NO. 192 (10) SCHOOL TAX COLLECTORS

RESOLVED that as provided in Section 37 of the Town Law of New York State the Town Board of the Town of Macedon does hereby appoint the following individuals to collect for the 2010-2011 school year:

 

Cathy Herzog as School Tax Collector for the portion of Wayne Central School District within the Town and be it further

 

RESOLVED that Lynne Green is appointed Tax Collector for the portion of the Palmyra-Maceodn Central School District within the Town and be it further

 

RESOLVED that Cindy M. Fiacco-Lozo is appointed School Tax Collector for the portion of Victor Central School District within the Town and be it further

 

RESOLVED that Tracey Blankenburg is appointed School Tax Collector for the portion of Gananda School District within the Town and be it further

 

RESOLVED that Margaret Revelle is appointed School Tax Collector for the portion of the Penfield School District within the Town.

MOTION BY MCEWEN, SECONDED BY MAUL

MOTION BY KENYON AYE, MAUL AYE, MCEWEN AYE

PAGANO AYE, HAMMOND ABSENT

 

RESOLUTION NO. 193 (10) TOWN COMPLEX LABOR MAINTENANCE AGREEMENT IMPERIAL DOOR

RESOLVED the Town Board approves the labor maintenance agreement with Imperial Door, term of contract 10/01/10-9/30/2011 at a cost of $300 for the Library and $300 for the Town Hall and authorize the Supervisor to sign said contract to be expensed from A1620.400.

MOTION BY MAUL, SECONDED BY MCEWEN

MOTION BY KENYON AYE, MAUL AYE, MCEWEN AYE

PAGANO AYE, HAMMOND ABSENT

 

RESOLUTION NO.194 (10) BUDGET ADJUSTMENTS

RESOLVED the  Macedon Town Board authorize the following budget adjustments:

A          0510                 ESTIMATED REVENUES                  7109.68

A          2001-2              SUMMER REC. FEES                           7109.68

 

AF        0511                 APPR. FED. DRUG $ FUND BAL.                5382.97

AL        0511                 APPR. LOCAL DRUG $ F.B.                         1750.99

 

A          0960                 APPROPRIATIONS                               1608.99

A            1990.400            CONTINGENT                                         1608.99

 

 

A          0960                 APPROPRIATIONS                                                       15852.63         

A            1910.400            INSURANCE                                                                     1608.99

AF            3120.200            FEDERAL DRUG $ - EQUIP.                                       2072.97

AF            3120.400            FEDERAL DRUG $ - CONTRACTUAL                           3310.00

AL            3120.200          LOCAL DRUG $ - EQUIP.                                       1750.99

A            7312.100            SUMMER REC. SALARY                                                 2969.18

A            7313.100          FEE BASED PROGRAMS - SALARY                                     4050.50

A            7314.400            INDOOR SOCCER EXPENSES                                                 90.00

 

TO RECORD BUDGET ADJUSTMENTS THROUGH AUGUST 31, 2010 BASED ON PROGRAM REVENUES, EXPENSES WITHIN ACCOUNT NUMBERS AND PRIOR FEES EARNED AS SHOWN THRU APPR. FUND BALANCES FOR GENERAL A.

 

DA        0960                 APPROPRIATIONS                               1220.79

DA             5130.200            MACHINERY & EQUIP.                         1220.79

 

DA        0960                 APPROPRIATIONS                                                       1220.79

DA             9060.800            HEALTH INSURANCE                                                  1220.79

 

NO. 15                                                                                                               PAGE 3

September 9, 2010

 

TO RECORD BUDGET ADJUSTMENTS THROUGH AUGUST  31, 2010 BASED ON EXPENSES WITHIN FUNDS HIGHWAY  GENERAL  DA.

MOTION BY MCEWEN, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,,

PAGANO AYE, HAMMOND ABSENT

 

RESOLUTION NO. 195 (10) RECREATION APPOINTMENTS

RESOLVED the Town Board appoints the following:

Adult Recreation

November 1 – January 10 – 2 nights/week

Randy Johnson            Men’s Basketball            $15/session

Debbie McEwen            Co-ed Soccer            $15/session

Cheerleading

December – March 31

Emily Henning            $700/season

Marcy Frey                 $700/season

MOTION BY MAUL, SECONDED BY PAGANO

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSTAIN,

PAGANO AYE, HAMMOND ABSENT

 

RESOLUTION NO. 196 (10) TELE-LITE BID PURCHASE – POLICE

BE IT RESOLVED that the Chief of Police is authorized to purchase (1) Tele-Lite Nova-Lite portable lighting unit as per the attached quotation at a cost not to exceed $4,099, from Tele-Lite, Inc.  Purchase to be expensed from AF3120.200 at no expense to the Macedon taxpayers. 

MOTION BY PAGANO, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

PAGANO AYE, HAMMOND ABSENT

 

RESOLUTION NO. 197 (10) POLICE CLERK – TYLER ROBINSON

BE IT RESOLVED that with the recommendation of the Chief of Police, Police Clerk Tyler Robinson be taken off probation and her rate of pay adjusted to $15.38 per hour, which was her hired rate of pay.

MOTION BY MAUL, SECONDED BY PAGANO

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,,

PAGANO AYE, HAMMOND ABSENT

 

RESOLUTION NO. 198 (10) COURT COPIER PURCHASE

RESOLVED the Board authorizes the Supervisor to sign purchase agreement for a copier for the Court at a cost of $1,300 with monthly maintenance pricing of $40 minimum and

 

BE IT FURTHER RESOLVED that the Town Accountant is authorized to transfer $203.65 from A1110.4 to A1110.2. ($1,096.35 currently in .2 plus the transfer = $1,300)

MOTION BY PAGANO, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,,

PAGANO AYE, HAMMOND ABSENT

 

ABSTRACT NO. 9-10

Claim Nos. 22544-22715                                    Expenditures in the amount of

                                                                        $218,194.01

 

RESOLUTION NO. 199 (10) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY MAUL, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,,

PAGANO AYE, HAMMOND ABSENT

 

 

 

NO. 15                                                                                                               PAGE 4

September 9, 2010

 

RESOLUTION NO. 200 (10) DOBBERTIN EASEMENT SEQRA NEG DEC

WHEREAS, the Town of Macedon has, subject to a permissive referendum agreed to reconvey an easement conveyed to the Town of Macedon by deed dated March 28, 1991 and recorded in the office of the Wayne County Clerk on March 29, 1991 in Liber 646 of Deeds, page 750, which easement allowed the Town of Macedon access across the grantor=s parcel of land for the purpose of construction and maintenance of a water line, and

 

WHEREAS, the Town of Macedon wishes to reconvey and release part of this easement to the owners of the burdened parcel because said a barn owned by the owners encroaches on part of the easement which has a negative effect on the owners ability to convey and there is no anticipated need for the area upon which the barn encroaches;

 

BE IT RESOLVED that the Town of Macedon, does hereby find and resolve as follows:

1.                  The proposed action is subject to the State Environmental Quality Review Act.

2.                  The proposed action does not involve a Federal agency.

3.                  The proposed action involves other agencies, including NYSDOT.

4.                  Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Unlisted

5.                  As an Unlisted action, the Short Form EAF (environmental assessment form) has been prepared by the Applicant to determine the significance of the proposed action.

6.                  The proposed action is not located in a coastal area.

7.                  The proposed action is not located in an agricultural district.

8.                  An uncoordinated review for Unlisted actions involving more than one agency has been performed, subject to 617.6 (b)(4).

9.                  More than one agency is involved, and the Town of Macedon is the lead agent.

10.              The Town of Macedon hereby determines that the proposed action will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and theTown hereby directs the Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

11.              In reaching this finding, the Town has:

       (a)      Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

(b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7

 and any other supporting information to identify the relevant areas of environmental concern,

 (c)      Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

 (d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

12.              In determining significance, the Town has determined whether the proposed Unlisted Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617.  The criteria considered indicators of significant adverse impacts on the environment were:

 (a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

 (b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

 (c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

 (d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

 

 

 

 

NO. 15                                                                                                               PAGE 5

September 9, 2010

 

 (e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

 (f) A major change in the use of either the quantity or type of energy;

 (g) The creation of a hazard to human health;

 (h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

 (i)  The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

 (j)  The creation of material demand for other actions that would result in one or the above consequences;

 (k)      Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

 (l)      Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

13.               For the purposes of determining whether an action may cause one of the consequences listed above, the Town considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

1.       Included in any long range plan of which the action under consideration is a part;

2.       Likely to be undertaken as a result thereof, or

3.       Dependent thereon.

14.               In addition, the Town considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

4.       Its setting (e.g., urban or rural);

5.       Its probability of occurrence;

6.       Its duration;

7.       Its irreversibility;

8.       Its geographic scope;

9.       Its magnitude; and

10.   The number of people affected.

MOTION BY MAUL, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

PAGANO AYE, HAMMOND ABSENT

 

RESOLUTION NO. 201 (10) DOBBERTIN EASEMENT SUBJECT TO PERMISSIVE REFERENDUM

WHEREAS, the Town of Macedon acquired an easement conveyed to the Town of Macedon by easement dated March 28, 1991 and recorded in the office of the Wayne County Clerk on March 29, 1991 at Liber 646 of Deeds, page 750, which easement allowed the Town of Macedon access across the grantors parcel of land for the purpose of construction and maintenance of a water line, and

 

WHEREAS, the Town of Macedon wishes to reconvey and release part of this easement to the owners of the burdened parcel because said a barn owned by the owners encroaches on part of the easement which has a negative effect on the owner=s ability to convey and there is no anticipated need for the area upon which the barn encroaches; now therefore

 

BE IT RESOLVED, subject to permissive referendum, that the Town Board of the Town of Macedon hereby authorizes and directs the Supervisor of the Town of Macedon, on behalf of the Board, to take all actions necessary to convey, transfer to, execute and deliver and, where appropriate, cause to be filed or recorded of record, any and all documents on behalf of the Town of Macedon as may be necessary or proper for the purpose of conveying, executing and delivering a reconveyance of said easement and release thereof to the current owner of said burdened parcel represented to be Diane M. Dobbertin, with consideration being that the said Diane M. Dobbertin reimburse the Town of Macedon for all expenses associated with said transfer. The parcel to be conveyed is described in Exhibit A, annexed hereto.

 

 

NO. 15                                                                                                               PAGE 6

September 9, 2010

 

EXHIBIT A                                                                                         

Suggested Legal Description

For the Abandonment of A Portion of a Waterline Easement

To The Town of Macedon Per Liber 646 of Deeds, Page 750.

All that tract or parcel of land situate in the Town of Macedon, County of Wayne, State of New York more particularly described as follows:

Beginning at a point, said point being the southeast corner of Lot 2 of the Centreview Subdivision, Section 2 as filed in the Wayne County Clerks Office as Map No. 19,482, thence: South 88E47' 40" West and along the southerly lot line of said lot 2 for a distance of 30.00 feet to a point, thence: North 00E14' 20" West for a distance of 14.12 feet to a point, said point being 1 foot offset south from a metal barn and the True Point and Place of Beginning; thence:                                                                                                                                                  

1.   North 00E14' 20" West for a distance of 32.01 feet to a point, said point being offset 1 foot north of a metal barn, thence:

 

2.   North 89E10' 52" East and parallel to and 1 foot northerly of a metal barn for a distance of 8.38 feet to a point, thence:         

 

3.   South 00E54' 36" East and 1 foot offset easterly from the metal barn for a distance of 32.01 feet to a point, thence:

 

4.   South 89E10' 52" West for a distance of 8.75 feet to the True Point and Place of Beginning.

Intending to describe a portion of a water line easement granted to the Town of Macedon per Liber 646 of Deeds, Page 750 being 1 foot off of and parallel to the face of a metal barn on Lot 2 of the Centreview Subdivision, Section 2.

MOTION BY MAUL, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

PAGANO AYE, HAMMOND ABSENT

 

The Town Clerk updated the Board on the following:

1.                   Update on records management

2.                  Still waiting for a model local law regarding dogs from NYS Ag & Markets.  The State will no longer be response for dog licensing.  The Town will assume responsibility as of January 1, 2011.

3.                  Dr. Papenfuse, Maryland State Archivist will attend the 9/23 meeting to present the Town of Macedon Minutes from 1823-1851.

 

RESOLUTION NO. 202 (10) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 8:40 p.m. to discuss a particular personnel matter.

MOTION BY PAGANO, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

PAGANO AYE, HAMMOND ABSENT

 

RESOLUTION NO. 203 (10) OPEN SESSION

RESOLVED the Board returns to Open Session at 9:16 p.m.

MOTION BY PAGANO, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

PAGANO AYE, HAMMOND ABSENT

 

 

 

 

 

 

 

 

 

NO. 15                                                                                                               PAGE 7

September 9, 2010

 

RESOLUTION NO.204 (10) CLERK ADVERTISEMENT AUTHORIZED

RESOLVED the Town Board authorizes the Town Clerk to advertise for the position of Clerk to the Town Clerk to begin 11/8.

MOTION BY KENYON, SECONDED BY PAGANO

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

PAGANO AYE, HAMMOND ABSENT

 

MOTION BY KENYON, SECONDED BY PAGANO THE MEETING BE ADJOURNED AT 9:23 PM.

 

 

_________________________

Respectfully submitted by

Judy W. Gravino, RMC

Macedon Town Clerk