NO. 19                                                                                                             Page 1

JULY 10, 2014

WEB SITE http://macedontown.net

 

The Regular Meeting of the Town Board of the Town of Macedon held July 10, 2014 at the Town Complex, 32 Main Street, in the Village 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 McEwen

Councilperson

Sandy Pagano

Supervisor

William Hammond

 

Absent: 

Councilperson

David Maul

 

Also Present:

Attorney

Anthony Villani

Highway Superintendent

Richard Roets

Engineer

Scott Allen

Town Clerk

Judy Gravino

 

RESOLUTION NO. 180 (2014) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of June 26, 2014 as presented.

(Regular Meeting)

MOTION BY KENYON, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

REPORTS:

Building & Zoning 2nd Quarterly Report

Police June Monthly Agenda

Police June Monthly Report

Town Clerk May 2014

 

RESOLUTION NO. 181 (2014) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY PAGANO, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 182 (2014) WAYNE COUNTY MULTI-JURISDICTIONAL ALL-HAZARD MITIGATION PLAN ADOPTED

WHEREAS, the Federal Emergency Management Agency (FEMA) has approved the Wayne County Multi-Jurisdictional All-Hazard Mitigation Plan; and

 

WHEREAS, FEMA requires that each participating municipality pass a resolution adopting this plan; now, therefore, be it

 

RESOLVED, that the Town of Macedon hereby adopts the Wayne County Multi-Jurisdictional All-Hazard Mitigation Plan as the Town of Macedon Hazard Mitigation Plan and the town clerk is hereby directed to forward two signed/sealed copies of this resolution to the Wayne County Director of Emergency Management, located at 7376 Route 31, Suite 2000, Lyons, NY 14489-9174; and be it further

 

RESOLVED, that the Wayne County Director of Emergency Management is hereby authorized to forward one copy of said resolution to FEMA.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

The Town received four (4) quotes for recreation photography.  Two photographers were present and gave a presentation on their submissions.

 

 

 

 

 

 

 

NO. 19                                                                                                             Page 2

JULY 10, 2014

 

7:35 PM – BEST VALUE PUBLIC HEARING PROPOSED LOCAL LAW NO. 2 (2014)

This local law will allow purchase contracts to be awarded on the basis of best value.  It allows greater flexibility to optimize quality, cost and efficiency among responsive and responsible offerers.

 

RESOLUTION NO. 183 (2014) WAIVE READING OF LEGAL NOTICE

RESOLVED the Town Board waive reading of the legal notice published in the 6/29/2014 issue of the Times.

MOTION BY HAMMOND, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

All persons desiring to be heard, hearing none, the hearing was closed.

 

RESOLUTION NO. 184 (2014) PUBLIC HEARING CLOSED

RESOLVED the public hearing be closed at 7:40 p.m.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

Mike Simon, BME Associations, gave a presentation on the MS4 Coalition.  BME provides technical support for the Ontario/Wayne Coalition.  The municipalities pay an annual fee to belong.  Currently the Coalition includes the Towns of Macedon, Farmington, Walworth, Ontario, Victor, Villages of Macedon, Victor, County Highways of Wayne and Ontario County.  The members are eligible if and when funding is available.  This was formed as a result of the clean water act.  The Town of Macedon became MS4 (Municipal Separate Storm Sewer System) in 2003, which is based on density of population.   The goal is to increase and enhance water quality.  There are six (6) minimum control measurements.

1.  Public education and outreach

2.  Public participation and involvement

3.  Elicit discharge detection – check ever 5 years, map all outfalls and adopt an ordinance

4.  Construction site runoff controls

5.  Post construction storm water management

6.  Pollution, prevention and good housekeeping 

 

RESOLUTION NO. 185 (2014) PT SEASONAL HIGHWAY APPOINTMENT

Resolved the Town Board appoints Victoria Russell to the position of Part Time Seasonal Highway Department employee at a salary of $10.00 per hour not to exceed 30 hours per week to be expensed from DA5130.100 effective July 7, 2014.

MOTION BY KENYON, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

Councilman Maul entered the meeting at 8:10 p.m.

 

RESOLUTION NO. 186 (2014) BEST VALUE LOCAL LAW 2 (2014) ADOPTED

WHEREAS the Best Value Local Law No. 2 (2014) public hearing was published in the 6/29/2014 issue of the Times and

 

WHEREAS the Town Board held a public hearing to take public comment on 7/10/2014

 

BE IT RESOLVED the Town Board hereby adopts Local Law No. 2 (2014) Authorizing Purchasing Based on Best Value which will take effect upon filing with the Secretary of State.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL ABSTAIN (he was not present at the public hearing), MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

PIGGYBACKING - As an alternative to soliciting competition by the Town, local governments may “piggyback” on contracts that have been extended to local governments by certain other governments.  The use of these contracts constitutes an exception to the competitive bidding and offering requirements of the law.

 

 

 

 

 

 

 

 

 

 

 

NO. 19                                                                                                             Page 3

JULY 10, 2014

 

RESOLUTION NO. 187 (2014) PIGGYBACKING PURCHASING PRACTICES FOR BEST VALUE

WHEREAS, the Town of Macedon wishes to improve the efficiency and effectiveness for the procurement of products and services that are necessary; and

 

WHEREAS, Cooperative purchasing, also known as piggybacking, allows municipalities to secure cheaper costs for a particular product or service by using the same contract for a vendor that was used by other government agency; and eliminating the competitive bid process; and

 

WHEREAS, certain enactments of Bill Numbers S.552c, Chapter 308, and S3766A, which amends subdivision 16 of section 103 to the General Municipal Law, allows municipalities in New York to jointly contract for goods and services with any other federal, state or local government agency, as well as, giving political subdivisions the option of letting contracts based on “best value,” as an alternative to letting contracts to the “lowest responsible bidder”; and

 

WHEREAS, the effects of said legislation gives public agencies additional opportunities to purchase products and services in an efficient and cost-saving manner; now therefore, be it

 

RESOLVED, that the Town of Macedon is hereby authorized to take advantage of the prices available through piggybacking.

MOTION BY HAMMOND, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 188 (2014) PROCUREMENT POLICY

RESOLVED that the Macedon Town Board adopt the attached Procurement Policy replacing any and all previous procurement policies, which shall go into effect immediately.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 189 (2014) RECREATION PHOTOGRAPHY

WHEREAS the Town of Macedon advertised for photography services in the July 6, 2014 issue of the Times and

 

WHEREAS four (4) quotes were received and reviewed

 

BE IT RESOLVED that the Recreation Photography Contract be awarded to Amazing Memories photography.

MOTION BY HAMMOND, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

The Recreation Director is requested to schedule advertising for quotes in April for 2015.

 

RESOLUTION NO. 190 (2014) FARMLAND PROTECTION PROGRAM GRANT SUBMISSION - LITTLEFIELD

WHEREAS the Town of Macedon has previously authorized submission of the Kevin Kobey, Vince Merante and Greg Smith farms to the NYS Department of Agriculture and Markets Farmland Protection Implementation Grant Round 13, and

 

WHEREAS Thomas Littlefield has expressed interest in participating in the New York State Farmland Protection program grant and is willing to utilize a bargain sale of 87.5% of easement value,

 

NOW THEREFORE BE IT RESOLVED the Town of Macedon intends to submit the Thomas Littlefield farm to the NYS Department of Agriculture and Markets Farmland Protection Implementation Grant Round 13 and

 

BE IT FURTHER RESOLVED Supervisor Hammond is authorized and directed to execute on behalf of the Town of Macedon any agreements or documents necessary to implement this resolution on behalf of the Town.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

 

NO. 19                                                                                                             Page 4

JULY 10, 2014

 

RESOLUTION NO. 191 (2014) POLICE HIRE – DALTON

BE IT RESOLVED the Chief of Police is authorized to hire David Dalton as a part-time Police Officer effective July 11, 2014 at a rate of pay to be determined by the Chief of Police and Town Supervisor.

MOTION BY KENYON, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

ABSTRACT NO.  6-34 (2014) Early Bills (344)

Claim Nos. 30909-30912                                               Expenditures in the amount of

                                                                                    $2,979.70

 

ABSTRACT NO.  7-1 (2014) Regular Bills (345)

Claim Nos. 30875-30908 & 30913-31033                        Expenditures in the amount of

                                                                                    $334.445.37

   

RESOLUTION NO. 192 (2014)APPROVAL 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, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 193 (2014) ENGINEERING SERVICES – KCI ENGINEERING

RESOLVED to hire KCI Engineering of NY for engineering professional services pursuant to contract dated July 9, 2014 for engineering services for the Highway Salt Storage Shed, Cold Storage Barn and Site Improvement Project subject to Town Attorney review/approval.

MOTION BY KENYON, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

Highway has been working on Canandaigua Road south hills box culvert.  The road should be open to traffic the first week of August.

 

Councilman Kenyon met with Chuck Bastian regarding the salt shed capital improvement and obtained additional information on the lease business.

 

Scott Allen, Bill Hammond, David McEwen and Attorney Villani met with Trinity Consultants regarding an air permit strategy/landfill gas to energy project.  Trinity submitted a proposal to provide assistance to the Town in developing an air permit strategy for the construction and installation of a landfill gas to energy plant.

 

RESOLUTION NO. 194 (2014) LANDFILL GAS TO ENERGY CONSULTANTS – TRINITY

RESOLVED the Town Board approve the contract with Trinity Consultants to provide air permit strategy development and regulatory analysis services for the installation of a landfill gas to energy plant and authorize the Supervisor to sign the work authorization.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

The Board thanked Mike Bueg and John Anderson from Highway for the excellent work performed around the Town Hall.

 

Macedon Center Volunteer Fire Department will hold their 1st annual lobster bake on Saturday, August 2, 2014.  They will be serving from 3-8 p.m. with, pre-sale tickets only for dine-in or take out.  Deadline to purchase tickets is July 19, 2014.

 

Macedon Public Safety Golf Outing will be held September 20, 2014.  If you are interested in participating or becoming a sponsor contact Paul Harkness 315.986.2309 or Kim Leonard 315.986.2523.

 

RESOLUTION NO. 195 (2014) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 9:05 p.m. to discuss pending litigation.

MOTION BY MAUL, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 196 (2014) OPEN SESSION

RESOLVED the Board return to Open Session at 9:30 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

NO. 19                                                                                                             Page 5

JULY 10, 2014

 

MOTION BY HAMMOND, SECONDED BY MCEWEN THE MEETING BE ADJOURNED AT                     PM.

 

________________________________

Judy W. Gravino

Macedon Town Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOWN OF MACEDON

PROCUREMENT POLICY

WHEREAS, Section 104-b of the General Municipal Law requires the governing body of every municipality to adopt a procurement policy for all goods and services which are not required by law to be publicly bid, and

 

WHEREAS, comments have been solicited from all officers in the Town involved in the procurement process, now, therefore, be it

 

RESOLVED, that the Town of Macedon does hereby adopt the following procurement policy which is intended to apply to all goods and services which are not required by law to be publicly bid.

 

  1. Every purchase made will be initially reviewed to determine whether it is a purchase contract or a public works contract.  Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year.  The following items are not subject to competitive bidding pursuant to Section 103 of the General Municipal Law:  purchase contracts under $20,000 and public works contracts under $35,000; emergency purchases; certain municipal hospital purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under state and county contracts; and surplus and second-hand purchases from another government entity.

 

The decision that a purchase is not subject to competitive bidding will be documented in writing by the individual making the purchase.  This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, or a memo from the purchaser detailing the circumstances which led to an emergency purchase.

 

  1. All goods and services, except those goods and services purchased through a county or state contract, from agencies for the blind or severely handicapped, from correctional institutions or purchases pursuant to subdivision 6 of this policy will be secured by use of written requests for proposals, written quotations, verbal quotation, or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided.

 

  1. The following method of purchase will be used in order to achieve the highest savings, except purchase contracts under $20,000 and public works contracts under $35,000; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and county contracts; or purchases pursuant to subdivision 6 of this policy:
  2.  

Estimated Amount of Purchase Contract

Method

Up to $499

Discretion of the purchaser

$500 - $1,999

3 verbal quotations

$2,000 - $19,999

3-written/fax quotations or written request for proposals

 

 

Estimated Amount of Public WorksContract

Method

Up to $2,999

Discretion of the purchaser

$250 - $2,999

2 verbal quotations

$3,000 - $9,999

3 -written/fax quotations

$10,000 - $35,000

3-written/fax quotations or written request

for proposals

 

A good faith effort shall be made to obtain the required number of alternate proposals.  If the purchaser is unable to obtain the required number of alternate proposals, the purchaser will document the attempt made at obtaining the proposals.  But, in no event shall the failure to obtain the proposals be a bar to the procurement.

 

  1. Documentation is required of each quotation or request for proposals taken in connection with each procurement.

 

  1. Documentation and an explanation are required whenever a contact is awarded to other than the lowest best value responsive and responsible bidder or offerer.  This documentation will include an explanation of how the award will achieve savings. The purchaser will be responsible for determining if the bidder is best value/responsible.

 

  1. In the following circumstances it is not in the best interests of the Town of Macedon to solicit quotations or document the basis for not accepting the lowest bid.  In these circumstances, the individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity, moral worth, and the ability to have a close relationship with the governing body.  These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of the services are such that they do not readily lend themselves to competitive procurement procedures.  The citizens of the municipality deserve the benefit of expertise in these types of services as it may ultimately save the taxpayers money.
    1. Services of an attorney;
    2. Services of a physician;
    3. Technical services of an engineer engaged to prepare plans, maps and estimates;
    4. Securing insurance coverage and/or services of an insurance broker;
    5. Services of a certified public accountant;
    6. Investment management services;
    7. Printing services involving extensive writing, editing or art work;
    8. Management of municipally owned property; and
    9. Computer software or programming services for customized programs, or services involved in substantial modification and customizing of pre-packaged software.

In addition, in the following situations it is not in the best interests of the

municipality to secure alternate proposals because of the time required

and type of purchase:

a.      Emergency purchases pursuant to Section 103(4) of the General

Municipal Law;

b.      Purchases of surplus and second-hand goods pursuant to Section 103(6) of the General Municipal Law; and

c.      Purchases under $100.

 

  1. This policy shall go into effect upon the filing of the Best Value Purchasing Local Law with the Secretary of State and said policy will be reviewed annually.