NO. 15 . Page 1
July 9, 2015
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 |
|
|
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 Chief |
|
|
Town Clerk |
Karrie Bowers |
RESOLUTION NO. 155
(2015) APPROVAL OF MINUTES
RESOLVED the Board approves
the minutes of June 26, 2015 (Regular Meeting) as presented.
MOTION BY PAGANO, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE,
MAUL ABSENT, MCEWEN AYE, PAGANO AYE,
REPORTS: June Police Report
RESOLUTION NO. 156
(2015) APPROVAL OF REPORTS
RESOLVED the Board approves
the reports as submitted
MOTION BY PAGANO, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO AYE,
BIDS
JULY 9, 2015
11:00 a.m.
2005 Chevy Blazer
“as is” condition
|
COMPANY/INDIVIDUAL |
ADDRESS |
BID AMT. |
|
|
||
|
John Rider |
235 Rt
31, |
$1500 |
|
|
||
|
Timothy King |
|
$2,379 |
|
|
||
|
Mario Torres |
#813-416-6015 |
$300 |
|
|
||
|
Arlene Smith |
|
$500 |
Present were Town Engineer
Scott Allen, Supervisor Hammond and Town Clerk Karrie Bowers
RESOLUTION NO. 157 (2015) 2005 CHEVY BLAZER BIDS
WHEREAS the Town of
BE IT RESOLVED the Town Board
awards the 2005 Chevy Blazer bid to Timothy King as the highest bidder.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO
AYE,
BIDS
JULY 9, 2015 12:00 p.m.
1997 Ford
Expedition
“as is” condition
|
COMPANY/INDIVIDUAL |
ADDRESS |
BID AMT. |
|
|
||
|
John Rider |
235 Rt
31, |
$779.50 |
|
|
||
|
Phil Stever |
#585-265-2635 |
$503.00 |
|
|
||
|
Christopher Tuttle |
585-353-6539 |
$1000.00 |
|
|
||
|
Erich Young |
#315-398-9851 |
$520.00 |
|
|
||
|
Mario Torres |
#814-416-6015 |
$400.00 |
|
|
|
|
|
Arlene Smith |
|
$500.00 |
Present were Town Engineer
Scott Allen, Supervisor Hammond and Town Clerk Karrie Bowers
RESOLUTION NO. 158 (2015)
1997 FORD EXPEDITION BIDS
WHEREAS the Town of
BE IT RESOLVED the Town Board
awards the 1997 Ford Expedition bid to Christopher Tuttle as the highest
bidder.
MOTION BY PAGANO, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 159
(2015) RESIGNATION – BRENDLINGER
RESOLVED the Board accepts
the resignation of Steven Brendlinger Macedon Police
Officer effective 6/30/15.
MOTION BY KENYON, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 160
(2015) POLICE OFFICER APPOINTMENT – DRESSER
BE IT RESOLVED that Jeremiah
D. Dresser be hired to the position of lateral transfer, full-time Police
Officer, at a level 5 pay rate, with a six month probation period.
MOTION BY PAGANO, SECONDED BY
MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO
AYE,
7:37pm Councilman Maul enters
the Board meeting
RESOLUTION NO. 161
(2015) TOSHIBA BUSINESS SOLUTIONS – LEASE AGREEMENT
RESOLVED the Town Supervisor
is authorized to sign a renewal lease agreement with Toshiba Business Solutions
for the Police Department per the submitted lease quotation. Lease pricing is per the
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL ABSTAIN, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 162
(2015) BUFFALO TERASTATION 12 TB NAS STORAGE DEVICE
BE IT RESOLVED that the Chief
of Police is authorized to purchase a Buffalo Terastation
12TB NAS storage device for storage and retention of the body camera data, at a
cost not to exceed $1,499 from AF3120.200.
MOTION BY KENYON, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 163
(2015) AMBULANCE BIDS
RESOLVED the Town board
authorizes the Supervisor to solicit bids for two (2) ambulances with two (2)
trade-ins.
MOTION BY KENYON, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
7:45 PM - PUBLIC HEARING – PROPSED LOCAL LAW NO.
2 (2015)
A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED
IN GENERAL MUNICIPAL LAW 3-C
RESOLUTION NO. 164
(2015) WAIVE
RESOLVED the Town Board waives
reading of the legal notice published in the June 28, 2015 issue of the Times.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
This local law was passed in
previous years. The Board does not
expect to exceed the tax cap this year.
This law avoids penalties and/or fines due to the variables associated
with this regulation.
All persons desiring to be
heard, hearing none, the hearing was closed.
RESOLUTION NO. 165
(2015) PUBLIC HEARING CLOSED
RESOLVED
the Public Hearing be closed at 7:47pm.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
LOCAL LAW
NO. 2 (2015) A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT
ESTABLISHED IN GENERAL MUNICIPAL LAW 3-C
RESOLVED
the Town Board adopts Local Law No. 2 as
follows:
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
2016 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 2016 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.
Section
5. Effective
date.
This local law shall take
effect immediately upon filing with the Secretary of State.
MOTION BY MCEWEN, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO166 (2015) EXTRACT
OF MINUTES OF MEETING OF THE TOWN BOARD
ADOPTING BOND RESOLUTION
BOND
RESOLUTION DATED JULY 9, 2015 OF THE TOWN BOARD OF THE TOWN OF MACEDON, NEW
YORK, AUTHORIZING GENERAL OBLIGATION SERIAL BONDS TO FINANCE CERTAIN CAPITAL
IMPROVEMENTS , AUTHORIZING THE ISSUANCE OF BOND ANTICIPATION NOTES IN
CONTEMPLATION THEREOF, THE EXPENDITURE OF SUMS FOR SUCH PURPOSE, AND
DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the Town Board hereby confirms and finds that the
purpose hereinafter described constitutes a “type II” action under the State
Environmental Quality Review Act of the State of New York and the applicable
regulations thereunder (“SEQRA”) which will not
result in any significant adverse environmental impacts and such purpose is not
subject to any further environmental review under SEQRA; now therefor, be it
RESOLVED by the Town Board of the Town of
Section 1. The Town of Macedon shall undertake
certain capital improvements consisting of the reconstruction and equipping of
buildings, to include, without limitation, interior and exterior lighting and
building envelope upgrades to the Town Hall, the Library, the Public Safety
Building and the Highway Building, and HVAC and controls upgrades at the Town
Hall, the Library, and the Public Safety Building, various site and other incidental
improvements in connection therewith that may be required in connection
therewith for such construction and Town use (hereinafter referred to as
“purpose”), and general obligation serial bonds in an aggregate principal
amount not to exceed $985,000 and bond anticipation notes in anticipation
thereof (and renewals thereof) of the Town are hereby authorized to be issued
to finance said purpose.
Section 2. The estimated maximum aggregate cost of
said purpose, which may include preliminary costs and costs incidental thereto
and costs of the financing thereof, is estimated to be $985,000 and said amount
is hereby appropriated therefor. The plan for financing of said purpose is to
provide all of such maximum cost by issuance of obligations as herein authorized.
Section 3. It is hereby determined and declared
that (a) each such building is at least a class “C” building as defined in
Subdivision 11 of Paragraph a of Section 11.00 of the Local Finance Law, and
said purpose is one of the class of objects or purposes described in
Subdivisions 12, 35 and 91 of Paragraph (a) of Section 11.00 of the Local
Finance Law, and that the period of probable usefulness of said purpose is
fifteen (15) years, as supported by a professional certification of the useful
life of such purpose, (b) the proposed maximum maturity of said bonds
authorized by this resolution will be in excess of five years, (c) current
funds required to be provided prior to the issuance of the bonds or notes
herein authorized, pursuant to Section 107.00 of the Local Finance Law, to the
extent applicable, if any, will be provided, (d) the notes herein authorized
are not issued in anticipation of bonds for an assessable improvement, and (e)
there are presently no outstanding bond anticipation notes issued in
anticipation of the sale of said bonds.
Section 4. The bonds and notes authorized by this
resolution shall contain the recital of validity prescribed in Section 52.00 of
the Local Finance Law and such bonds and notes shall be general obligations of the
Town and all the taxable real property in the Town is subject to the levy of ad
valorem taxes to pay the principal thereof, and interest thereon, without
limitation as to rate or amount, subject to applicable statutory limitations,
if any, sufficient to pay the principal of and interest on said bonds and
notes.
Section 5. It is hereby determined and declared
that the Town reasonably expects to reimburse the general fund, or such other
fund as may be utilized, not to exceed the maximum amount authorized herein,
from the proceeds of the obligations authorized hereby for expenditures, if
any, from such fund that may be made for the purpose prior to the date of the
issuance of such obligations. This is a
declaration of official intent under Treasury Regulation §1.150-2.
Section 6. The power to further authorize the
sale, issuance and delivery of said bonds and notes and to prescribe the terms,
form and contents of said bonds and notes, including, without limitation, the
consolidation with other issues, the determination to issue bonds with
substantially level or declining annual debt service, all contracts for, and
determinations with respect to, credit or liquidity enhancements, if any, and
to sell and deliver said bonds and notes, subject to the provisions of this
resolution and the provisions of the Local Finance Law, including without
limitation, the authority to determine whether to accept bids electronically to
the extent allowed by Section 58.00 of the Local Finance Law, is hereby
delegated to the Town Supervisor, the Town’s chief fiscal officer. The Town Supervisor and the Town Clerk or
Deputy Clerk are hereby authorized to sign by manual or facsimile signature and
attest any bonds and notes issued pursuant to this resolution, and are hereby
authorized to affix to such bonds and notes the corporate seal of the Town of
Section 7. The faith and credit of the Town of
Section 8. After compliance with Section 9 hereof,
this resolution shall be published in full by the Town Clerk of the Town of
Section 9. This resolution is subject to a
permissive referendum of the qualified electors of the Town of
The motion having been duly
seconded, it was adopted and the following votes were cast:
AYES NAYS
5 0
NOTICE PURSUANT TO LOCAL
FINANCE LAW SECTION 81.00
The bond resolution published
herewith was adopted on July 9, 2015, and the validity of the obligations
authorized by such bond resolution may be hereafter contested only if such
obligations were authorized for an object or purpose for which the Town of
Macedon is not authorized to expend money or if the provisions of law which
should have been complied with as of the date of publication of this notice
were not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of
publication of this notice, or such obligations were authorized in violation of
the provisions of the Constitution. The
bond resolution was subject to a permissive referendum pursuant to Section
35.00 of the Local Finance Law. The
period of time has elapsed for the submission and filing of a petition for a
permissive referendum and a valid petition has not been submitted and filed.
RESOLUTION NO. 167
(2015)
WHEREAS, the Macedon Town
Board is proposing to undertake a comprehensive energy upgrade project to Town
facilities, including the Town Hall, Library, Public Safety Building and
Highway Garage; and
WHEREAS, the project entails
improvements to HVAC systems, interior and exterior lighting systems and
building insulation systems; and
WHEREAS, the Macedon Town
Board is the Lead Agency for purposes of SEQRA review; and
WHEREAS, this project is a
Type II Action for the purposes of SEQRA pursuant to 6 NYCRR 617.5 © (2), as it
involves upgrades and improvements to existing facilities; and therefore
BE IT RESOLVED, that this
project has been determined not to have a significant impact on the environment
and is not subject to further review under SEQRA
MOTION BY MCEWEN, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 168
(2015) RESOLUTION
AMENDED
RESOLVED the Board amends the
following resolution as follows:
April 30, 2015:
Resolution No. 114 (2015)
to read June 30, 2017 instead of June 30, 2016.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 169
(2015) EXECUTIVE SESSION
RESOLVED the Board enter
Executive Session at 9:10 p.m. to discuss Personnel
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
ABSTRACT NO. 366(2015) Bills
for July (A) Expenditures in the
amount of
Claim Nos. #33144-33228 $298,869.99
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 170
(2015) OPEN SESSION
RESOLVED
the Board returns to Open Session at 9:35 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 171
(2015) PAYMENT OF CLAIMS
RESOLVED
the bills be paid as audited.
MOTION BY MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 172
(2015) SANITARY SEWER SYSTEM CONDEMNATION ACTION SEQRA NEGATIVE DECLARATION
WHEREAS,
the Town of
AND
WHEREAS, the Macedon Town Board held
a public hearing on May 21, 2015 for the purposes of hearing any public comment
relative to the proposed action.
AND
WHEREAS, the proposed action is only
and administrative action, and would not involve any physical alteration,
modification or construction to the POTW system.
AND
WHEREAS, the Town of
AND
WHEREAS, the Town of Macedon intends
to contract with the Wayne County Water and Sewer Authority to operate and
maintain the facility in the future because of their specific local expertise
in the operations of such facilities.
BE IT RESOLVED, that the
Town Board of the Town of
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 oversight and approvals by NYSDEC, including issuance of SPDES
permits.
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 has been prepared by the Applicant and Town Engineer
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.
A non-coordinated
Review for Unlisted actions involving a single agency has been performed.
9.
The Macedon Town
Board is the lead agent.
10. The Macedon Town Board hereby determines that the
proposed action is in general conformance with the adopted Master Plan, and
will not result in any significant adverse environmental impacts, a Negative
Declaration is declared, and the Town Board hereby directs the Town Clerk to
immediately file the determination in accordance with section 6 NYCRR 617.12.
11. In reaching this finding, the Town Board 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 (c) 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 short environmental
assessment form.
12. In determining significance, the Town Board 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;
(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 Board considered
reasonably related long-term, short-term, direct, indirect, and cumulative
impacts, including other simultaneous or subsequent actions, which were;
(a) Included in any long range plan of which the action
under consideration is a part;
(b) Likely to be undertaken as a result thereof, or
(c) Dependent thereon.
14. In addition, the Town Board considered the
significance of a likely consequence (i.e., whether it is material,
substantial, large or important) should be assessed in connection with:
(a) Its setting (e.g., urban or rural);
(b) Its probability of occurrence;
(c) Its duration;
(d) Its irreversibility;
(e) Its geographic scope;
(f)
Its magnitude;
and
(g) The number of people affected.
MOTION BY MAUL, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
MOTION BY
10:10 PM.
__________________________
Karrie M. Bowers
Macedon Town Clerk