NO. 21                                                                                         Page 1

September 12, 2013

WEB SITE http://macedontown.net

The Regular Meeting of the Town Board of the Town of Macedon held September 12, 2013 at the Town Complex, 32 Main Street, in the Town of Macedon was called to order by Supervisor William H. 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

Sandy Pagano

Supervisor

William Hammond

Also Present:

Attorney

Anthony Villani

Attorney

David Fulvio

Police Chief

John Colella

Highway Superintendent

Richard Roets

Deputy Town Clerk

Barbara LaBrake

 

RESOLUTION NO. 205 (13) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of August 8, 2013 as presented.

MOTION BY KENYON, SECONDED BY MCEWEN,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

CORRESPONDENCE – The Supervisor presented the following:

American Red Cross held a blood drive at the Macedon Public Library

on 8/22/13 and helped 132 patients.

 

Rochester Aero Modeling Society raised $1,014 to donate to the Macedon Town Ambulance.

 

REPORTS – Supervisor presented the following:

        Town Clerk August 2013 Monthly Reports

  Historian August 2013 Monthly Report

Police August 2013 Monthly Reports

 

RESOLUTION NO. 206 (13) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY HAMMOND, SECONDED BY KENYON,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 207 (13) AMENDING RES. NO. 190 (13) ASSESSMENT LITIGATION

RESOLVED the Town Board amend Resolution No. 190(13) Assessment Litigation as follows:

RESOLVED the Town will participate in conjunction with Wayne County and School as per Wayne County Board of Supervisors’ Resolution No. 307-10 for the purposes of litigation involving challenges to real property assessments (Article 7) on:

                              CVS                       62111-06-358764

                              DB Properties         61112-00-275327

                              DB Properties         61112-00-259374

                              Spoon                     62113-00-397719

MOTION BY PAGANO, SECONDED BY MCEWEN,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

NO. 21                                                                                         Page 2

September 12, 2013

 

RESOLUTION NO. 208 (13) SPEED REDUCTION REQUEST – CANANDAIGUA ROAD NORTH

RESOLVED the Town Board authorizes the Town Clerk to submit a TE-9 Request for Speed Reduction for Canandaigua Road North between Route 31 and Route 31F at 45 mph.

MOTION BY KENYON, SECONDED BY PAGANO,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 209 (13) SPEED REDUCTION REQUEST – ALDERMAN ROAD

RESOLVED the Town Board authorizes the Town Clerk to submit a TE-9 Request for Speed Reduction for Alderman Road/County Road 28 between Route 31 and Macedon Town Line at 40 mph.

MOTION BY KENYON, SECONDED BY PAGANO,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 210 (13) POLICE PURCHASE - 2008 FORD CROWN VICTORIA

RESOLVED the Chief of Police is authorized to purchase a surplus 2008 Ford Crown Victoria patrol vehicle completely up fitted from the Village of Palmyra for a cost not to exceed $10,500.00 to be expensed from the Police car reserve account.

MOTION BY KENYON, SECONDED BY MAUL,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 211 (13) POLICE SEMINAR

RESOLVED the Chief of Police is authorized to attend the New York State Police – Colonel Henry F. Williams Homicide seminar held in Albany on September 21st thru September 26th at a cost not to exceed $1,300 of the seminar to be expensed from AF3120.400.

MOTION BY HAMMOND, SECONDED BY MAUL,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

7:45 PM – PUBLIC HEARING – PROPOSED LOCAL LAW NO. 3

ZONING MAP AMENDMENT – WAYNEPORT/RT. 31 – FOUR POINTS LAND DEVELOPMENT

 

RESOLUTION NO. 212 (13) WAIVE READING OF LEGAL

RESOLVED the Board waive reading of the legal notice published in the 8/25/13 issue of the Times.

MOTION BY HAMMOND, SECONDED BY KENYON,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

This proposed local law is to amend approximately 46.39 acres in the northeast corner of Wayneport and Carlson Lane from R-22 & GC to TPD.

 

Several residents voiced their concerns regarding traffic, noise, privacy, drainage, sewers, weight limit, historical trolley bed road and location of the empire pipe line.

 

NYS Department of Health in a letter dated August 21, 2013 had no objections to the Macedon Town Board acting as lead agency for SEQR purposes.  Macedon Town Planning board gave a positive referral.

 

 

 

 

NO. 21                                                                                         Page 3

September 12, 2013

 

All persons desiring to be heard, having been heard, the public hearing was closed.

 

RESOLUTION NO. 213 (13) PUBLIC HEARING CLOSED

RESOLVED the public hearing be closed at 9:24 p.m.

MOTION BY KENYON, SECONDED BY MAUL,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

The Attorney read two (2) letters from the Village of Macedon, one addressed to New York State Department of Health and the other was a resolution to the Village Board.  They are as follows:

 

Ms. Lee Burns, Director-Bureau of Emergency Medical Services

Mr. Daniel Clayton, Deputy Director of Operations

New York State Department of Health

Bureau of Emergency Medical Services

Central Office

875 Central Avenue

Albany, NY 12206-1388

 

Dear Ms. Burns and Mr. Clayton,

 

I am writing on behalf of the Village of Macedon regarding recent suggestions that the Town of Macedon extends its ambulance operating authority into the Village of Macedon.

 

We wish for the Bureau of Emergency Medical Services to know that the Village of Macedon will retain its ambulance operating authority under Public Health Law; Article 30 as it is has been since 1975 and without any modification at the present time.

 

Specifically the Village of Macedon will not consent to extending the current Town of Macedon municipal operating authority within the Village of Macedon.  There is no demonstrated need for such extension for such service extension nor is it being done for any other legitimate municipal purpose.

 

If the municipal ambulance and EMS needs of the Village of Macedon change in the future we may reconsider, but not at this time.

 

I invite your questions as they may arise.

 

Sincerely,

 

Marie Cramer

Mayor, Village of Macedon

 

 

 

 

 

 

 

 

 

 

NO. 21                                                                                         Page 4

September 12, 2013

 

Village Board resolution read as follows:

March 28, 2013

 

The Village Board held their regular board meeting on Wednesday, March 27, 2013 at 7:00pm at the Macedon Village Hall.

 

The following motion was made by Trustee Donald Lohse and seconded by Trustee Dave Kelly to read as:

 

RESOLVED that the Village Board of Trustees are not willing to give up our Home rule on the Village Ambulance and will not grant a concurrence with any municipality that tries to come in our territory without our permission.  We do not wish to modify Public Health Law, Article 30, and do not concur with any request by the Town of Macedon to have ambulance authority within the Village.

4 Votes in favor

1 absent

Motion carries

Thank you,

Marie Cramer

Mayor, Village of Macedon

 

RESOLUTION NO. 214 (13) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 10:00 p.m. to discuss Litigation.

MOTION BY PAGANO, SECONDED BY MAUL,

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 215 (13) OPEN SESSION

RESOLVED the Board return to Open Session at 10:58 p.m.

MOTION BY HAMMOND, SECONDED BY PAGANO

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

Abstract No 9(1)-13 (315)

Claim Nos. 29020-29064                       Expenditures in the amount of

        29066-29198                       $264,893.66

       (29065 voided)

 

Abstract No 9(2)-13 (316)

Claim No. 29199                                   Expenditure in the amount of

(replaces Voucher 29065)                      $172.58

 

Totals                                                   $264,893.66 – 9(1)(315)

       $172.58 – 9(2)(316)

$265,066.24  - Grand Total                             

 

RESOLUTION NO. 216 (13) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY PAGANO

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 11:00 p.m.

 

________________________________

Barbara LaBrake

Macedon Deputy Town Clerk

REMINDERS

Budget Workshop                        October   3, 2013              5:00 p.m.     

Farmington Fire PH                     October 24, 2013              7:35 p.m.

Macedon Center Fire PH             October 24, 2013              7:40 p.m.

Village of Macedon Fire PH          October 24, 2013              7:45 p.m.

Preliminary Budget PH                 October 24, 2013              7:50 p.m.