NO. 19 Page 1
August 8, 2013
WEB SITE http://macedontown.net
The 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 |
Sandy Pagano |
|
Supervisor |
William Hammond |
Absent:
Also
Present:
|
Attorney |
Anthony Villani |
|
Attorney |
David Fulvio |
|
Highway Superintendent |
Richard Roets |
|
Police |
David Demchuk |
|
Town Clerk |
Judy Gravino |
RESOLUTION NO. 173 (2013) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of July 11, 2013 as presented.
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 174 (2013) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of July 18, 2013 as presented.
MOTION BY PAGANO, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Bob Cantwell with BME Associates
addressed the Board regarding proposal to rezone
NO. 19 Page 2
August 8, 2013
RESOLUTION NO.
WHEREAS, the Macedon Town Clerk has received an application from Four Points Development, LLC to rezone 46.39 acres of land in the area of Wayneport Road and Carlson Lane from R-22 and GC to TPD,
AND WHEREAS, the Macedon Town Board has the broadest review and approval authority over the proposed action,
BE IT RESOLVED, the Town Board has determined the project is subject to SEQRA, and declares the project to be a Type 1 action subject to a coordinated review,
AND BE IT FURTHER RESOLVED, the Macedon Town Board declares its intent to act as lead agent in the SEQRA review process,
AND BE IT FURTHER RESOLVED, that the Town Board authorizes all involved parties to be notified of their intent to act as lead agent.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO.
BE IT RESOLVED, that the Town Board refers the proposed rezoning application of Four Points Development LLC to the Town and County Planning Boards for their review and recommendations.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 177 (2013) PROPOSED LOCAL LAW NO. 3 (2013) PUBLIC HEARING SET – REZONING PROPOSAL FOUR POINTS
DEVELOPMENT LLC. – WAYNEPORT ROAD
RESOLVED the Town Board schedule a public hearing on September 12, 2013 at 7:45 p.m. to hear public comment on proposed Local Law No. 3 (2013) entitled “Rezoning Proposal – Four Points Land Development, LLC”
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
7:45 PUBLIC
HEARING – LL 1-2013 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED
IN GENERAL MUNICIPAL LAW 3-C
RESOLUTION
NO. 178 (2013) LEGAL
RESOLVED the Town Board waive reading of the legal notice
published in the July 28, 2013 issue of the
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
NO. 19 Page 3
August 8, 2013
Supervisor
One resident spoke against and one spoke in favor of the local law.
All persons desiring to be heard, having been heard the public hearing was closed.
RESOLUTION
NO. 179 (2013) PUBLIC
HEARING CLOSED
RESOLVED the public hearing be closed at 8:06 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION
NO. 180
(2013) LOCAL LAW NO. 1 (2013) A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT
ESTABLISHED IN GENERAL MUNICIPAL LAW 3-C
RESOLVED the Town Board adopt Local Law No. 1 of 2013, A Local Law To Override The Tax Levy Limit Established In General Municipal Law 3-C
Local Law No. 1 of the year 2013
Town of
A local law to override
the tax levy limit established in General Municipal Law 3-c
Section
1. Legislative Intent
It is the intent of this
local law to override the limit on the amount of real property taxes that may
be levied by the Town of Macedon, County of Wayne pursuant to General Municipal
Law § 3-c, and to allow the Town of Macedon, County of Wayne to adopt a town
budget for (a) town purposes (b) fire protection districts and (c) any other
special or improvement district governed by the town board for the fiscal year
2014 that requires a real property tax levy in excess of the "tax levy
limit" as defined by General Municipal Law § 3-c.
Section
2. Authority
This local law is adopted
pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly
authorizes the town board to override the tax levy limit by the adoption of a
local law approved by vote of sixty percent (60%) of the town board.
Section
3. Tax Levy Limit
Override
The Town Board of the Town
of Macedon, County of Wayne is hereby authorized to adopt a budget for the
fiscal year 2014 that requires a real property tax levy in excess of the limit
specified in General Municipal Law, §3-c.
Section
4. Severability.
If any clause, sentence,
paragraph, subdivision, or part of this Local Law or the application thereof to
any person, firm or corporation, or circumstance, shall be adjusted by any
court of competent jurisdiction to be invalid or unconstitutional, such order
or judgment shall not affect, impair, or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph,
subdivision, or part of this Local Law or in its application to the person,
individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
NO. 19 Page 4
August 8, 2013
Section
5. Effective
date.
This local law shall take
effect immediately upon filing with the Secretary of State.
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
8:00 PUBLIC HEARING
– LL 2-2013 A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTIVE OFFICE OF
SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF
RESOLUTION
NO. 181 (2013) LEGAL
RESOLVED the Town Board waive reading of the legal notice
published in the July 28, 2013 issue of the
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
This local law will abolish the elected position of Superintendent of Highways effective December 31, 2015 and create the appointed position of Superintendent of Highways effective January 1, 2016 subject to a mandatory referendum. The position would be an appointed position by the Town Board for a term of four (4) years.
Superintendent Roets explained the reason he came to the Board about this matter was his budget. When he became Highway Superintendent 21 years ago the highway budget was $720,000 and today is $1.6 million. He is not only the Highway Superintendent but also handles sewer, drainage, parks and lawns. It has become a Department of Public Works. The highway staff has increased from 7 to 10, with a part-time summer help and a full-time clerk. NYS Highway Law does not require the Highway Superintendent to assume other responsibilities outside the highways. With retirement within 2-4 years he felt it should be looked at. It’s more than what it used to be. Election is the popular guy requiring no qualifications to manage 40% of the Town’s budget.
Residents voiced their opposition against losing the right
to vote for this position and felt the voters could make a good decision on a
replacement. Voters need to be
involved. The NYS Highway Association
President opposed appointed versus elected in the
Mayor Cramer submitted a letter opposing LL 2.
All persons desiring to be heard, having been heard the public hearing was closed.
RESOLUTION
NO. 182 (2013) PUBLIC
HEARING CLOSED
RESOLVED the public hearing be closed at 8:20 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Proposed Local Law No. 2 does not eliminate the elected position of Highway Superintendent unless the voting public approves the proposition in the November 2013 general election.
NO. 19 Page 5
August 8, 2013
RESOLUTION
NO. 183 (2013) LOCAL
LAW 2 (2013) A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTIVE
OFFICE OF SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF
RESOLVED the Town Board adopt Local Law No. 2 of 2013, A
Local Law providing for the abolition of the elective office of Superintendent
of Highways of the Town of
Local Law No. 2 of the Year 2013
Town of
A local law providing for the abolition of the elective office of
Superintendent of Highways and the creation of the appointive office of
Superintendent of Highways of the Town of Macedon.
Be it enacted by the town board of
the Town of
Section 1. Legislative Intent
It is the intent of this local law to abolish the elective office of Superintendent of Highways of the Town of Macedon and created the appointive office of Superintendent of Highways of the Town of Macedon; the abolition of said elective office to take effect December 31, 2015 and the creation of said appointive office to take effect January 1, 2016.
Section 2. Authority
This local law is adopted pursuant to Municipal Home Rule Law §10 (1)(ii)(a)(1) which expressly authorizes the Town Board to adopt and amend local laws setting forth the mode of selection and removal of a town official, except to the extent that the legislature shall restrict the adoption of such a local law.
Section 3. Appointment of Superintendent of Highways
At the 2015 biennial town election, no Superintendent of Highways shall be elected, and upon expiration of the term of the Superintendent of Highways which is currently December 31, 2015, for whom no successor shall be elected, the Town Board shall appoint a Superintendent of Highways who shall hold office for a term of four (4) years, commencing with the first day of January succeeding the expiration of the term of office of the elective Superintendent of Highways (January 1, 2016).
Section 4. Supersession of Town Law
This local law shall supersede in its application to the Town of Macedon paragraph (a) of subdivision 1 of section twenty (20) of the Town Law with respect to the mode of selection of the Superintendent of Highways in the Town of Macedon.
Section 5. Mandatory Referendum
This local law is subject to mandatory referendum according to the provisions of Section 23 of the Municipal Home Rule Law.
Section 6. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State and after mandatory referendum.
MOTION BY
Supervisor
NO. 19 Page 6
August 8, 2013
Councilperson Pagano – Felt it was admirable that Dick brought this proposal to the Board.
Councilperson Kenyon – Feels strongly about the right to vote. On the other hand someone elected is in the position for 4 years and not much you can do about it. There is no way of setting criteria. You cannot dictate experience or education.
Councilperson McEwen – This is not a done deal. This will be on the ballot in November. Voters decide on a mandatory referendum, which this is. Setting qualifications and a job description is vital.
This allows all the voters to make the decision to approve or not approve elected to appointed. This lets the voters have a voice.
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION
NO. 185 (2013) LOCAL
LAW 2 (2013) A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTIVE OFFICE OF
SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF
PROPOSITION
Shall the elected office of the Town Superintendent of
Highways be abolished and replaced by the appointed position of Director of
Public Works for the Town of
MOTION BY PAGANO, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
REPORTS – Supervisor presented the following:
Town Clerk July Reports
Historian July Reports
Police July Reports
RESOLUTION 186 (2013) APPROVAL OF REPORTS
RESOLVED the Board approves the reports as submitted.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
NO. 19 Page 7
August 8, 2013
RESOLUTION
NO. 187 (2013) 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
Cathy Herzog as School Tax Collector for the
portion of
RESOLVED that Lynne Green is appointed Tax
Collector for the portion of the
RESOLVED that Nicole Ritz is appointed School
Tax Collector for the portion of
RESOLVED that Cindy Wetherby
is appointed School Tax Collector for the portion of
RESOLVED that Margaret Revelle is appointed School Tax Collector for the
portion of the
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION
NO. 188 (2013) IMPERIAL
MAINTENANCE CONTRACT RENEWALS
RESOLVED the Board approves the automatic door labor only maintenance agreements for the Town Hall and Library an annual cost of $330 for each building and authorize the Supervisor to sign said agreements.
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION
NO. 189 (2013) FIREWORKS
DISPLAY PERMIT
RESOLVED the Macedon Town Board approves the Outdoor
Fireworks Display Permit as requested by Rochester Aero Modeling Society with Youngs Explosives Corporation as the display company to be
held August 31, 2013 at
MOTION BY MCEWEN, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION
NO. 190 (2013) ASSESSMENT
LITIGATION
RESOLVED the Town will participate in conjunction with
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLVED the Town Board schedule the 2014 Budget Workshop on October 3, 2013 at 5 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
NO. 19 Page 8
August 8, 2013
RESOLUTION NO. 192 (2013)
RESOLVED that a public hearing be set for October 24, 2013
at 7:35 p.m. prevailing time at the
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION
NO. 193 (2013)
RESOLVED that a public hearing be set for October 24, 2013 at 7:40 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed fire protection agreement between the Town of Macedon and the Macedon Center Volunteer Firemen’s Association for fire protection services for the year 2014.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLVED that a public hearing be set for October 24, 2013 at 7:45 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed fire protection agreement between the Town of Macedon and the Village of Macedon for fire protection services for the year 2014.
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLVED the public hearing be set for October 24, 2013 at 8:15 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the preliminary 2014 budget for the Town of Macedon and directs the Clerk to publish the notice of said hearing.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
The Wayne County Veteran Service Advisory Committee is proud
to announce that they will be hosting their first Veteran Benefit and
Employment Fair on August 24, 2013 from 9:00am – 2:00pm at the VFW Post 6778
Palmyra Memorial Post in
Anyone interested in advertising in the Macedon Messenger should see Sandy Pagano or Norb Miller.
NO. 19 Page 9
August 8, 2013
Councilperson Maul thanked Highway Superintendent Roets for the great mowing job in the parks with all the rain.
Sporting Licenses and DMP’s go on sale Monday, August 12, 2013.
The annual Town of Macedon Golf Tournament sponsored by the Volunteer Ambulance and MAPO will be held September 21 at Crooked Pines. $75/golfer includes cart, dinner and prizes. They are looking for interested hole sponsors.
ABSTRACT NO. 7- 2013 (311)
Early Bill 28858 Expenditures in the amount of
$90,531.00
ABSTRACT NO. 8- 2013 (312)
Regular Bills
Claim Nos. 28859-29018 Expenditures in the amount of
$326,178.50
RESOLUTION NO. 196 (2013) PAYMENT OF CLAIMS
RESOLVED the bill be paid as audited.
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
ABSTRACT NO. 8-2(2013) (313)
Claim No. 29019 Expenditures in the amount of
$48.90
RESOLUTION
NO. 197 (2013) PAYMENT
OF CLAIMS
RESOLVED the Lowes bill in the amount of $48.90 to be charged to SS1 8110.400 as audited.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO 198 (2013) EXECUTIVE SESSION
RESOLVED the Board enter Executive Session at 9:15 p.m. to discuss litigation.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 199 (2013) OPEN SESSION
RESOLVED the Board return to Open Session at 10:25 p.m.
MOTION BY PAGANO, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
NO. 19 Page 10
August 8, 2013
RESOLUTION NO. 200 (2013)
WHEREAS, by Summons and Verified
Complaint filed in the office of the
WHEREAS, by Order to Show Cause signed and filed December 27, 2012, the Supreme Court of the State of New York saw fit and did grant a temporary restraining order or stay prohibiting termination of such sewer service until further Order of the Court; and
WHEREAS, in a January 23, 2013 decision, the Supreme Court of the State of New York granted extended the temporary restraining order while the Court reserved decision on the Town’s motion for a preliminary injunction and the Village’s motion to dismiss on the grounds that the action was barred under the statute of limitations; and
WHEREAS, in a February 14, 2013 decision and April 10, 2013 order, the Supreme Court of the State of New York granted the Town’s motion for a preliminary injunction, enjoining Village from terminating sewer service to Town residents, and denied Village’s motion to dismiss; and
WHEREAS, the Village interposed a Verified Answer dated April 25, 2013; and
WHEREAS, through a series of emails exchanged on or around April 25, 2013, the attorneys for the Town and Village agreed that all deadlines and statutes of limitations would be tolled from April 25, 2013 until 10 days after either attorney notifies the other in writing that the tolling agreement had ended; and
WHEREAS, representatives and attorneys for the Town and the Village convened on June 11, 2013 to attempt to resolve outstanding issues concerning ownership capacity, and governance of the sewer treatment plant and Ganargua Creek Interceptor; and
WHEREAS, the Village’s attorneys provided the Town’s attorney with a proposed contract on June 27, 2013; and
WHEREAS, representatives from the Town and the Village convened on June 28, 2013 to discuss the Village’s proposed contract, wherein the parties agreed that the Town’s attorneys revise said proposed contract to address the Town’s concerns and provide a copy of the same to the Village’s attorneys before the next joint meeting, which the parties scheduled for July 17, 2013; and
WHEREAS, the Town’s attorneys sent a proposed contract to the Village’s attorneys on July 16, 2013; and
WHEREAS, the Village then advised that the Mayor and Engineer would not be available for a follow up meeting until August 20, 2013; and
WHEREAS, the time limits governing the pending and contemplated litigation will not accommodate two month lapses between meetings
BE IT RESOLVED, the Town’s attorneys are directed to notify the Village’s attorneys in writing that the tolling agreement put in effect on April 25, 2013 shall be rescinded within 10 days of the date of said writing.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
NO. 19 Page 11
August 8, 2013
RESOLUTION NO. 201 (2013)
WHEREAS, representatives and attorneys for the Town and the Village convened on June 11, 2013 to attempt to resolve outstanding issues concerning ownership, capacity, and governance of the sewer treatment plant and Ganargua Creek Interceptor; and
WHEREAS, a second meeting was held on June 28, 2013, and
WHEREAS, the Village has advised that its Mayor and Engineer are not available for further meeting until August 20, 2013, and
WHEREAS, the Town has been advised by its attorneys that such delay may prejudice any non contract claims raised by the Town
BE IT RESOLVED, that the Town’s attorneys are directed to prepare and file and the Town Supervisor authorized to sign such legal pleadings as may be necessary and proper, in the judgment of the Town’s attorneys, to obtain an Order and Judgment from Wayne County Supreme Court or any other court of competent jurisdiction encompassing the causes of action set forth in previously filed notices of claim filed by the Town with the Village of Macedon and the proposed summons and complaint reviewed by the Town Board at its regularly scheduled meeting on August 8, 2013, a copy of which summons and complaint shall be filed with the Town upon commencement of the litigation.
MOTION BY PAGANO, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
MOTION BY
______________________________
Judy W. Gravino, RMC
Macedon Town Clerk