November 10, 2016

WEB SITE http://macedontown.net

The Regular Meeting of the Town Board of the Town of Macedon held November 10, 2016 at the Town Complex, 32 Main Street, in the Town of Macedon was called to order by Supervisor Sandy Pagano at 7:30 p.m.

Pledge of Allegiance.

Upon Roll Call, the following members of the Board were

Present:

Councilperson Councilperson	Dave McEwen Dave Maul
Councilperson	Paul Kenyon
Councilperson	Bruce Babcock
Supervisor	Sandy Pagano

Absent:

Also Present:

Attorney

Chief of Police

David Fulvio

John Colella

Highway Superintendent

Town Clerk

Town Engineer

Christopher Countryman

Karrie Bowers

Scott Allen

RESOLUTION NO. 248 (2016 APPROVAL OF MINUTES

RESOLVED the Board approves the minutes from the October 27, 2016 (Regular meeting)

MOTION BY KENYON, SECONDED BY MCEWEN

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

Justin Del Vecchio – Trane

*Presented to the Town Board what is completed for the energy efficiency project for the Town Hall, Highway Barns and Public Safety Building.

Mr. Dan Dandino – Spoke to the Board regarding the Youth Baseball and the land on Quaker Road. Town Engineer Scott Allen stated that the land on Quaker Road will need to be surveyed. Mr. Dandino is looking for any help from the Town.

7:50 PUBLIC HEARING – SEWER REPAIR RESERVE

The proposed resolution to authorize the appropriation of $134,460.84 from sewer repair reserve account, SSR0202, to sewer pump station account, SSR8130.400, for the repair of a sewer pump station located in Macedon Consolidated Sewer District No. 1.

RESOLUTION NO. 249 (2016) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the November 4, 2016 issue of the Times.

MOTION BY KENYON, SECONDED BY MCEWEN

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

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

RESOLUTION NO. 250 (2016) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:02 p.m.

MOTION BY MAUL, SECONDED BY KENYON

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

8:00 PM PUBLIC HEARING - 2017 BUDGET

RESOLUTION NO. 251 (2016) READING OF THE LEGAL NOTICE WAIVED

RESOLVED the reading of the legal notice published in the November 4, 2016 issue of the Times be waived.

MOTION BY KENYON, SECONDED BY BABCOCK

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

Councilperson Maul gave an overview of the 2017 budget. The presentation is here

RESOLUTION NO. 252 (2016) PRELIMINARY BUDGET PUBLIC HEARING CONTINUED UNTIL 11-17-16

RESOLVED that the Preliminary Budget Public Hearing be continued until November 17, 2016 at 7:35pm.

MOTION BY MCEWEN, SECONDED BY KENYON

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

RESOLUTION NO. 253 (2016) INTER-MUNICIPAL AGREEMENT – VILLAGE SEWER & WATER COLLECTION

WHEREAS, Article 5-G of New York General Municipal Law §119-o authorizes municipal corporations to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis; and

WHEREAS, to finance anticipated capital improvements with respect to the Village water system and any repairs thereto, Village users are charged $60 per equivalent dwelling unit (hereinafter “Water Charge”), $42.50 of which shall be for future water capital debt and $17.50 of which shall be for future water capital repairs; and

WHEREAS, to finance anticipated capital improvements with respect to the Village and Town sewer system and any future repairs thereto, Village users are charged $60 per equivalent dwelling unit (hereinafter “Sewer Charge”), $42.50 of which shall be for future sewer capital debt and $17.50 of which shall be for future sewer capital repairs; and

NOW, THEREFORE, in consideration of the premises and the covenants hereinafter set forth, the Parties stipulate and agree as follows:

1. COLLECTION

The Town or the third party designated by the Town shall bill and collect the Water Charge and Sewer Charge from the owners of each equivalent dwelling unit located within the Village. If a Village owner of an equivalent dwelling unit fails to pay their Water Charge and/or Sewer Charge within 30 days of the due date, the Town or the third party designated by the Town shall notify the Village Board of said outstanding or delinquent charges so that the Village Board may take such measures as deemed necessary and appropriate to enforce and collect the same.

2. TERM

This agreement shall commence immediately upon execution and remain in effect until the dissolution of the Village or the mutual written consent of the parties.

3. MISCELLANEOUS

Assignment. Except as otherwise set forth herein, neither party may assign its rights or obligations under this Agreement, unless the written consent of the other party hereto is obtained.

Amendment. This Agreement may be amended or modified only by a subsequent written document executed by all parties hereto.

Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Authorization. The Village represents and warrants to the Town that it has taken all actions necessary or required to be taken by it, including any referendum necessary, and that the Village has full power and authority necessary to execute this Agreement and perform in accordance with its terms. The Town represents and warrants to the Town that it has taken all actions necessary or required to be taken by it, including any referendum necessary, and that the Town has full power and authority necessary to execute this Agreement and perform in accordance with its terms.

Entire Agreement. This Agreement constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes all previous discussions, representations, understandings, and agreements.

Force Majeure. If performance (other than payment) under this Agreement by any of the parties hereto is prevented or delayed by reason of any cause beyond the control of the party affected, and which cannot be overcome by reasonable due diligence, such affected party shall be excused from such performance to the extent that it is necessarily prevented or delayed thereby, during the period of any such cause.

Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without consideration of the conflicts of laws principles thereof. The sole and exclusive forum for the determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be the Supreme Court of the State of New York sitting in Wayne County, New York or the federal district court having jurisdiction for Wayne County, New York.

Severability. If any provision of this Agreement is held to be unenforceable under then current laws, the enforceability of the remaining provisions shall not be affected thereby, and in lieu of each such unenforceable provision the parties shall negotiate to add a provision as similar in terms to such unenforceable provision as may be possible.

Non-Waiver. Failure by any party at any time to require strict performance of any of the provisions herein shall not waive or diminish a party's right thereafter to demand strict compliance therewith or with any other provision. Waiver of any obligation, term or condition of this Agreement shall not be deemed as any further or continuing waiver of any other term, provision or condition of this Agreement. A party shall not be deemed to have waived any rights hereunder unless such waiver is in writing and signed by a duly authorized representative of the party making such waver.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement with the intent that it be effective on the day and year first above written.

MOTION BY KENYON, SECONDED BY BABCOCK

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

RESOLUTION NO. 254 (2016) WASTE MANAGEMENT OF NEW YORK, LLC., GRADING/FILL PERMIT

WHEREAS, Waste Management of New York, LLC, applied on October 20, 2015 and subsequently updated their application on April 13, 2016 to the Town of Macedon for approval for a Grading/Fill Permit to move approximately 3.1 million cubic yards of soil from the landfill cell construction areas bounded by Perinton Parkway on the North, Wayneport Road on the East, the CSX Railroad on the South and the Monroe/Wayne County line on the west, to the north side of Quaker Road onto other lands owned by Waste Management of New York, LLC;

AND WHEREAS, the Macedon Planning Board referred the application to the Macedon Town Board for review and findings relative to potential impacts on Quaker Road;

AND WHEREAS, the Macedon Town Board identified itself as the lead agent pursuant to SEQRA and conducted a SEQRA review and made findings;

BE IT RESOLVED, the Macedon Town Board refers the application back to the Macedon Town Planning Board with their final SEQRA findings and determination, and recommends approval of the grading and fill permit, subject to the following conditions:

1. A road closure is to be implemented by the Town Highway Superintendent, pursuant to all legal provisions of NYS Highway Law, for a period of 12 months to protect the safety of the traveling public during the duration of the action.

2. Any other terms and conditions identified by the Town Engineer, Town Attorney or Highway Superintendent relative thereto.

MOTION BY BABCOCK, SECONDED BY KENYON

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

RESOLUTION NO. 255 (2016) WASTE MANAGEMENT OF NEW YORK GRADING/FILLSEQRA Negative Declaration

AND WHEREAS, the proposed action is accessory in nature, scope and scale to the overall operations of the Landfill and Recycling Center at High Acres;

AND WHEREAS, the Wayne County Planning Board reviewed the application on October 28, 2015 and offered comments related thereto;

AND WHEREAS, the Town of Macedon Planning Board reviewed the Application on November 9, 2015 and May 2, 2016, and subsequently referred the application to the Highway Superintendent and Town Board for review of impacts on Quaker Road;

AND WHEREAS, Waste Management of New York, LLC on June 17, 2016 supplemented their application with a traffic study, archeological evaluation, and storm water management plan,

AND WHEREAS, the Macedon Town Board identified the action as a Type 1 Action, requiring a coordinated review, declared its intent to act as lead agency for the project on August 11, 2016;

AND WHEREAS, a temporary 12 month closure of Quaker Road between Wayneport Road and the Monroe/Wayne County Line has been proposed as part of this action to protect the public safety during the duration of the action;

BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

1. The proposed action is subject to the State Environmental Quality Review Act.

2. The proposed action involves a Federal agency, EPA.

3. The proposed action involves other agencies, including NYSDEC.

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 classification of Type 1.

5. As a Type 1 action, Part 1 of the Long Form EAF has been prepared by the Applicant and reviewed by the Town Engineer, and Part 2 and 3 of the Long Form EAF has been prepared by the 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 located in an agricultural district.

8. A coordinated Review for Type 1 actions involving NYSDEC as an involved agency, and the Town of Perinton as an interested 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 town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the 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 long environmental assessment form.

12. In determining significance, the Town Board has determined whether the proposed Type 1 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

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;

(d) Its irreversibility;

(e) Its geographic scope;

(f) Its magnitude; and

(g) The number of people affected.

MOTION BY BABCOCK, SECONDED BY KENYON

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

RESOLUTION NO. 256 (2016) WASTE MANAGMENET OF NEW YORK, LLC – SPECIAL USE PERMIT

WHEREAS, on February 20, 2013, Waste Management of New York, LLC submitted an application for modification of its special use permit to permit include the construction of intermodal rail spur; and

WHEREAS, on June 27, 2013, the Town Board approved the aforesaid special use permit modification; and

WHEREAS, on October 19, 2016, Waste Management of New York, LLC submitted a proposed amendment to their aforesaid February 20, 2013 application; and

BE IT RESOLVED, the Town Board hereby approves and accepts the amendment to the February 20, 2013 special use permit modification application proposed by Waste Management as set forth in the documentation submitted to the Town board on October 19, 2016 by Waste Management of New York, LLC.

MOTION BY KENYON, SECONDED BY MCEWEN

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

Reports:

October Police Report

RESOLUTION NO. 257 (2016) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY KENYON, SECONDED BY MCEWEN

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

RESOLUTION NO. 258 (23016) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:27 pm to discuss personnel

MOTION BY KENYON, SECONDED BY MCEWEN

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

RESOLUTION NO. 259 (2016) OPEN SESSION

RESOLVED the Board returns to Open Session at 10:37 pm.

MOTION BY KENYON, SECONDED BY MCEWEN

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

RESOLUTION NO. 260 (2016) CONTINGENT ACCOUNT- $6500.00

RESOLVED the Town Board authorize to move money from the contingent account A1990.400 to Legislative Board A1010.4 in the amount of $6500.00.

MOTION BY KENYON, SECONDED BY MAUL

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

RESOLUTION NO. 261 (2016) PERSONNEL – AMBULANCE – FENDT

RESOLVED the Town Board appoint Evan Fendt as part-time ambulance paramedic ALS at the rate of $18.00/hr effective November 14, 2016.

MOTION BY KENYON, SECONDED BY MCEWEN

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

RESOLUTION NO. 262 (2016) PERSONNEL – AMBULANCE – HOUSE

RESOLVED the Town Board appoint Christopher House as part-time ambulance paramedic ALS at the rate of $18.00/hr effective November 14, 2016.

MOTION BY MAUL, SECONDED BY KENYON

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

RESOLUTION NO. 263 (2016) POLICE VEHICLE PURCHASE

BE IT RESOLVED that the Chief of Police is authorized to order a 2016 Ford Police Interceptor Utility vehicle at a cost of $28,143.18, as per the attached quotation. Purchase to be expensed from AF3120.200.

MOTION BY KENYON, SECONDED BY MAUL

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

RESOLUTION NO. 264 (2016) TRANE AMENDMENT NO. 1 TO PACT AGREEMENT – MODIFICATION TO MAINTENANCE SERVICES

RESOLVED the Board authorizes the Supervisor to sign the Trane Amendment No. 1 to PACT Agreement.

MOTION BY MCEWEN, SECONDED BY KENYON

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

RESOLUTION NO. 265 (2016) TRANE CERTIFICATE OF SUBSTANTIAL COMPLETION AND ACCEPTANCE PACT AGREEMENT EXHIBIT B.1

RESOLVED the Board authorizes the Supervisor to sign the Trane Certificate of Substantial Completion and Acceptance Agreement Exhibit B.1.

MOTION BY MCEWEN, SECONDED BY KENYON

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

RESOLUTION NO. 266 (2016) TRANE CERTIFICATE OF FINAL COMPLETION AND ACCEPTANCE PACT AGREEMENT EXHIBIT B.2

RESOLVED the Board authorizes the Supervisor to sign the Trane Certificate of Final Completion and Acceptance PACT Agreement Exhibit B.2.

MOTION BY MAUL, SECONDED BY MCEWEN

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

RESOLUTION NO. 267 (2016) TELECOM ACQUISITION LLC/BELL ATLANTIC MOBILE LP (d/b/a Verizon Wireless) PUBLIC HEARING SET

RESOLVED a public hearing be set for December 8, 2016 at 7:45pm prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the Application of Telecom Acquisition LLC/Bell Atlantic Mobile LP (d/b/a Verizon Wireless) for Special Use Permit for a 170 foot telecommunication tower at 0 Frey Road (Tax Parcel No. 61113-00-635068).

FURTHER RESOLVED the Town Board authorizes the Town Clerk to authorize the public hearing.

MOTION BY KENYON, SECONDED BY MCEWEN

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

ABSTRACT NO. 400 November (A) 2016 Regular Bills

2016# 20161713 $609.95

ABSTRACT NO. 401 November (B) 2016 Regular Bills

2016 # 20161713-20161846 $159,152.24

RESOLUTION NO. 268 (2016) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY KENYON, SECONDED BY BABCOCK

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

MOTION BY KENYON, SECONDED BY MAUL THE MEETING BE ADJOURNED AT 11:16 PM.

Karrie M. Bowers

___________________________________

Karrie M. Bowers

Macedon Town Clerk