NO. 21 PAGE 1
DECEMBER 13, 2012
WEB
SITE http://macedontown.net
A Regular Meeting of the Town
Board of the Town of
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
Supervisor…………...William Hammond
Also Present: Accountant….……….Kim Leonard
Attorney………………Anthony Villani
Engineer……………..Scott Allen
Highway Supt………..Richard Roets
Police Chief………….John Colella
Town Clerk...………..Judy Gravino
RESOLVED the Town Board approves the minutes of November 8, 2012 as
presented.
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLVED the Town Board approves the minutes of November 15, 2012 as
presented.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON ABSTAIN,
MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Robbie Burns, Walworth Sewer Superintendent requested the Town of
RESOLUTION NO. 249
(12) WALWORTH SEWER CHANGES ADOPTED
WHEREAS the Town of
BE IT RESOLVED the Town Board adopts Walworth’s sewer changes effective 1/1/2013 as follows:
Section 2.03 (A) PROCEDURE
The Walworth Wastewater Treatment Superintendent shall be responsible for the collection of sewer rents. Authority to collect sewer rents may be delegated to Sewer Department staff as desired.
NO. 21 PAGE 2
DECEMBER 13, 2012
a. Residents will be able to pay their sewer
bill using one of the options as follows:
·
Drop box labeled as such at the Walworth Town Hall
Lobby.
·
Mail to Walworth Sewer District,
·
In person at the Walworth Sewer Department,
Between the hours of 6:30 AM and
8:30 AM (Monday through Friday, excluding
Town Holidays),
b.
Payment processing:
·
All payments will be entered into a spreadsheet and
labeled with the date of entry.
·
All payments received that have not been reconciled
during that given day will
be kept in a fireproof cabinet
for security purposes until posting the next day.
·
Checks made payable to the Town of Walworth Sewer
District, for collected
rents, will be processed weekly
by the Sewer Superintendent during heavy
collection periods and bi-monthly
when collection is slow.
·
Cash payments will be deposited on a daily basis
during heavy collection
periods or as needed when
collection is slow.
·
Processed checks and cash receipts will be given to
Jean Johnson, Walworth
Town Comptroller for deposit.
·
Deposits will be entered into the checkbook register
at the time deposits are
made.
c.
Statement Reconciliation:
·
Bank statement reconciliation will be done by a
Sewer Department employee
with the Sewer Superintendent’s
and Walworth Town Comptroller’s review for
accuracy.
·
The employee performing the reconciliation should
balance the statement by
using the worksheet provided by
the Town of
show all outstanding deposits,
checks or any unusual reconciling item.
This
form should be completed in
ink. Corrections must be crossed out and
initialed
with corrected information added
in ink. No white out or correction tape
will
be used.
·
After completion of the reconciliation process the
employee should date and
sign the bank statement and
initial and date the check register at the point the
reconciliation was performed.
·
The Sewer Superintendent and Walworth Town
Comptroller should also date
and sign each bank statement and
reconciliation after the examination is
complete. This is to ensure that reconciliations are
done in a timely manner
and are accurate.
d.
Billing reconciliation:
·
A “list” of billable sewer rents shall be obtained
from the Wayne County Water
and Sewer Authority when the
sewer rents are mailed to the renters at the end of
each billable quarter. The purpose is to identify the anticipated
revenue for that
collection period.
·
As rent receipts are received, the “list” describes
above should be annotated with
status.
·
A report is to be issued to the Town Supervisor
within 30 days of the end of the
collection
month stating payment status. The report
should include billable rent
amount,
rents received, number of properties in arrears. (Four Quarterly Reports
per year)
·
Once the 4th quarter collection and
balancing with the Wayne County Water
Authority
has been completed, the report regarding all accounts who monies owed
have been
levied to their property taxes will be sent to the Town of
Walworth/Macedon
Comptroller/Accountant and Town Assessors for their
records.
(B) NEW USERS
New users will be billed by the Town of
issued by
either the Town of
sewer districts.
New users from a sale of a property within the Towns of Macedon or
Walworth
will be billed from the time of closing on such
property within this town’s sewer district with the
previous owner being responsible for all unpaid fees
prior to the date of closing. These fees
will be pro-rated based on the quarterly charges enforced at that time. Any unpaid fees will be levied to
the yearly property taxes, as stated in section (A)
Procedures, Item (d)-billing reconciliation.
NO. 21 PAGE 3
DECEMBER 13, 2012
(C) LATE PAYMENTS
If the sewer use rent is not paid as a part of the
real property tax bill, then it must be paid within 30
days of the due date. If the sewer use rent is not paid within 30 days
of the due date, then a late
penalty of 10% shall be added to the sewer use rent
charged. For each month, thereafter, an
interest charge of 1% per month shall be added to
the sewer use charge until paid. Any
sewer use
rent overdue for 30 days or more, together with
interest and penalties shall be added to the next
Town and County real property tax bill. Such charges shall be a lien on the real
property and such
payments shall be made to each town annually from
this tax levy.
Section 3.02 ENFORCEMENT
The Town of
and/or local laws within the District’s. The Town of
action in the Supreme Court fo the State of
on any homeowner, business or industry connected to
either town’s sewer district. The Town
of
Walworth shall also have a right to refuse to accept
the effluent from the Town of
effluent from Macedon exceeds the permitted
parameters set forth in the Town of
Macedon’s Sewer Use Laws. All fines collected by the Town of
Sewer Use Ordinances of Sewer Use Local Laws shall
be paid to the Town of
thirty (30) days of the issuance of the lines, and
the monies shall be deposited in the appropriate
bank account of the Walworth Sewer District so that
said monies may be applied to unexpended
funds within the District, to be held to benefit
users in both Districts.
Section 3.03 WASTE
STRENGTH
The Town of
Permitted by the parameters of the Walworth Sewer
Use law and may deny access of sewage from
the Town of
parameters.
The Town of
to comply with their sewer use ordinances or
laws. It is understood that all charges
imposed by the
Town of
industries/businesses that are required to apply for
either a Special Use Permit or a Yearly Usage
Permit as stated in the Town’s ordinances must do so
and file it with the Town of
Superintendent on an annual basis, and a copy
forwarded to the Town of
has anything to do with the Town of
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
CORRESPONDENCE – The Supervisor presented the following:
1. NYS Department of Ag &
Markets Dog Control Officer Inspection Report dated November 2, 2012. DCO services were rated “Satisfactory”.
2. Town of
3. A letter from Marilyn
& Arthur Elting opposing the Special Use Permit renewal for Gerald VanHout
at
4. Notification from Wayne County
Water & Sewer Authority the cost of water will remain $4.15 per thousand
gallons purchased. The basic service
charge will increase from $15 to $17 per quarter.
REPORTS - The Supervisor presented the following:
Historian 10/16-11/15/2012
Police – November 2012
Town Clerk November Monthly Reports
RESOLUTION NO. 250 (12) APPROVAL OF REPORTS
RESOLVED the reports be accepted as submitted.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
NO. 21 PAGE 4
DECEMBER 13, 2012
Scott Allen read a letter from Marilyn & Art Elting dated December 9,
2012 opposing the Special Use Permit for Gerald VanHout. Mr. Allen addressed the concerns Mr. &
Mrs. Elting listed and recommended renewal.
RESOLVED upon the recommendation of the Town Engineer that the following Special Use Permits are renewed for the calendar year 2013 and will expire December 31, 2013 and that all prior conditions will be met as required in 2012:
A.E.Y.
Enterprises –
A & P Auto
Parts –
AT&T –
Alpco
–
CRH/Stillwater
Nursery –
Cafalone,
Brian –
Graf,
Mark –
JT’s
Drive-In Car Shop –
Macedon
Landscaping –
Morrison
Excavating –
Morrison,
Roger –
Prime Time Development – 1241 Route 31
Pulcini,
Walter –
Ricci & Sons Auto Repair & Towing – 665 Route 31F
SBA
–
Shiff’s Automotive – 1910 Route 31
True
North Tractor –
VanHout,
Gerald –
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 252
(12) MINING PERMIT RENEWALS
RESOLVED the Board approve the following Mining Permits subject to any and all requirements deemed necessary by the Town Engineer and shall expire December 31 2013:
AEY
–
tons per year removal.
Eastern
Sand & Gravel –
Eastern
Sand & Gravel –
McPherson, Donald – Route 350
Morrison
Excavating –
exceed 1000 tons per year removal.
Pulcini,
Walter –
Smith,
Gregory –
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
NO. 21 PAGE 5
DECEMBER 13, 2012
RESOLUTION NO. 253
(12) INTERMUNICIPAL AGREEMENT FOR ADVANCE LIFE SUPPORT INTERCEPT SERVICES –
TOWN OF
RESOLVED the Town Board approves the Agreement for Advance
Life Support Intercept Services between the Town of
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 254
(12) INTERMUNICIPAL AGREEMENT –
RESOLVED the Town Board approves the EMS Policy between the
Town of
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 255
(12)
RESOLVED the Macedon Town Board approves the
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 256 (12) PHILLIP STEIGER POST #494 AMERICAN LEGION –
GAMES OF CHANCE – BELL JAR
RESOLVED the Board approves the Games of Chance License for the Phillip Steiger Post #494 American Legion to conduct Bell Jar for the period of January 1, 2013 through December 31, 2013.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO.
RESOLVED the Town Board authorizes the Supervisor to sign
the
MOTION BY PAGANO, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 258
(12) INSURANCE BIDS
WHEREAS the Town of
WHEREAS one (1) bid was received submitted by Cleary Insurance Agency
BE IT RESOLVED the Town Board awards the bid to Cleary Insurance Agency at a bid price of $82,663.50.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
NO. 21 PAGE 6
DECEMBER 13, 2012
RESOLUTION NO. 259
(12) HIGHWAY – ENCUMBER FUNDS
RESOLVED the Town Board authorize Kim Leonard, Town Accountant to transfer unused funds from 2012 as follows:
$100,000 unused funds from Highway DA Salary
(due to light winter) to the Highway Equipment Reserve Fund
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 260
(12) BUDGET ADJUSTMENTS 1/1/2012-11/30/2012
RESOLVED the Board approve the following budget adjustments covering the period 1/1/2012 – 11/30/2012 with explanations attached:
(See Attached)
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLVED that the Town Accountant Kim Leonard be authorized to make any necessary adjusting and budgetary journal entries in closing the 2012 fiscal year.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 262 (12) RESIGNATION -
LENAHAN
RESOLVED the Town Board accepts the resignation of Francis Lenahan from the Macedon Ambulance effective December 10, 2012.
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 263
(12) LIBRARY BOARD APPOINTMENT -
RESOLVED the Town Board appoints William Moore to the position of Library Board of Trustees effective 12/13/12 – 12/31/2016. (Filling a vacant position)
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
Chief John Colella presented three (3) quotes for fire protection monitors ranging from $10,125 to $8,490. One more quote will be obtained. Councilman McEwen and Supervisor Hammond will review.
ABSTRACT NO. 11–2012 (287 Early Bills)
Claim Nos. 27403-27410 Expenidtures in the amount of
$10,646.66
ABSTRACT NO. 12-2012 (288 Early Bills) Expenditures in the amount of
Claim Nos. 27494-27510 $24,537.13
ABSTRACT NO. 12–2012 (289 Regular Bills)
Expenditures in the amount of
Claim Nos. 27368-27402 $135,405.07
Claim Nos. 27411-27493
Claim Nos. 27511-27562
RESOLUTION NO. 264 (12) AUDIT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
NO. 21 PAGE 7
DECEMBER 13, 2012
Councilman Kenyon discussed the school’s star programs in conjunction with Macedon Recreation’s Summer Program. This will be available at the primary school at a prorated fee for Summer Recreation Participants.
RESOLUTION NO. 265
(12) ENERGY CONTRACT – BOCES – DIRECT ENERGY
RESOLVED the Town Board authorizes the Supervisor to sign the Direct Energy contract.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO.
WHEREAS, JNA, LLC., Grantor, has offered to dedicate lands to the TOWN OF MACEDON for highway purposes of a portion of property commonly known as 1635 Commons Parkway, Macedon, New York, more particularly as set forth in Schedule A annexed hereto, and.
WHEREAS, the TOWN OF
on
THEREFORE, BE IT RESOLVED, that consent be and the same is hereby given to the Town Superintendent of Highways of the Town of Macedon to make an order laying out the lands described in said dedication, dated December 6, 2012 for highway purposes, in accordance with the provision of the Highway Law and other statues applicable thereon.
FURTHER RESOLVED, that the Supervisor is directed to execute a consent of the Town Board to be delivered to the Town Superintendent of Highways. (attached)
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 267 (12) EXECUTIVE SESSION
RESOLVED the Town Board enter Executive Session at 8:50 p.m. to discuss litigation.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 268 (12) OPEN SESSION
RESOLVED the Town Board return to Open Session at 11:00 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
MOTION BY
_______________________________
Judy W. Gravino, RMC
Macedon Town Clerk