December 14, 2017
WEB SITE http://macedontown.net
The Regular Board Meeting of
the Town Board of the Town of Macedon held December 14, 2017 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 |
David McEwen |
Councilperson |
|
Councilperson |
David Maul |
Councilperson |
Bruce Babcock |
Supervisor |
Sandy Pagano |
Absent:
|
|
Also Present:
Attorney |
David Fulvio |
Director of EMS |
Paul Harkness |
Town Clerk |
Karrie Bowers |
Town Engineer |
Scott Allen |
Highway Superintendent |
Christopher Countryman |
Bruce Chapman, Chapman
Insurance made a presentation to the Town Board regarding insurance for the
Town.
RESOLUTION NO. 306 (2017) APPROVAL OF MINUTES
RESOLVED the Board approves
the minutes from the November 9, 2017 (regular meeting)
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
Reports:
November
Town Clerk Report
November
Police Report
RESOLUTION NO. 307 (2017) APPROVAL OF
REPORTS
RESOLVED
the Board approves the reports as submitted
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
Marty
Aman, Wayne Country Water Sewer Authority spoke to the Board regarding a joint
Waste Treatment plant.
RESOLUTION NO. 308 (2017) CEDAR CREEK TPD ZONING
CONFIRMATION
WHEREAS, the Macedon Town
Board on June 11, 1987 rezoned a property known as Macedon Hills, which is
significantly bounded by NYS Route 31, Canandaigua Road, and Victor Road, and
is further described in Schedule A attached, from R12 to TPD (Totally Planned
Development),
AND WHEREAS, the 1987 Macedon
Hills TPD master plan included the following proposed development:
·
49
Single Family Homes
·
180
Apartment Units
·
212
Townhome Units
·
200,000
square feet of commercial and office space
AND WHEREAS, in the
timeframes between June 11, 1987 to present, the project was re-branded to
“Cedar Creek” and the following development occurred within the areas rezoned
to TPD:
·
21
single family homes (Camborn Drive)
·
1025
Brixton Drive (office building) 8,786 s.f.
·
1025
Brixton Drive (second office building – approved but not yet built) 8,500 s.f.
·
1045
Brixton Drive (day care and pavilion) 4,416 s.f. + 768 s.f.
·
1040
NYS Route 31 (funeral home with portico) 3,440 s.f.
·
1146
NYS Route 31 (Verizon and vape shop) 4,485 s.f.
·
1166
NYS Route 31 (Patty Shack) 2,917 s.f.
·
1200
NYS Route 31 (ESL ATM) 910 s.f.
·
1503
Canandaigua Road (Cedar Creek Plaza and Chase ATM) 69,078 s.f. + 551 s.f.
·
1475
Canandaigua Road (Post Office) 4,243 s.f.
·
Total
Commerical / Office: 108,094 s.f.
AND WHEREAS, Developer PB3
Development has recently approached the Town of Macedon regarding developing
tax parcel ID 62111-00-212586, which is a portion of the original TPD rezoning
from 1987, and has asked the Town of Macedon for confirmation of the allowed
development uses and densities as approved from the original TPD,
AND WHEREAS, the Macedon Town
Planning Board has reviewed the Developer’s Master Plan, and found it to be in
significant conformance with the original TPD plan from 1987, and not exceeding
the originally approved densities,
RESOLVED, the Macedon Town
Board finds as follows:
1.
The
net allowable development remaining in the TPD is as follows:
·
28
single family homes
·
180
apartment units
·
212
townhome units
·
91,906
s.f. commercial and office
2.
The
Developer PB3’s updated master plan dated 12/12/17 as presented does not exceed
the net allowable development densities approved under the 1987 TPD, and
significantly conforms to the original 1987 TPD design and layout.
3.
The
Developer PB3 may proceed with submittal of site plans for development of the
project pursuant to the provisions and conditions of the TPD zoning code,
subject to the following:
a.
The
SEQRA findings from 1987 must be reevaluated and updated to current conditions
to ensure that all impacts and mitigation measures are appropriate based on
current times and conditions
All
development must meet current town design
MOTION
BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLUTION NO. 309 (2017) HUMANE
SOCIETY OF WAYNE COUNTY CONTRACT
RESOLVED
the Town Board authorizes the Supervisor to sign the Wayne County Humane
Society contract.
MOTION BY KENYON, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLUTION NO. 310 (2017) ORGANIZATIONAL
MEETING SET
RESOLVED
the Town Board set the Organizational Meeting for January 4, 2018 at 5:30pm at
the Macedon Town Hall.
MOTION
BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLUTION NO. 311 (2017) RESIGNATION – RITCHIE
BE IT RESOLVED the Town Board
accepts the resignation from Brian Ritchie, part-time Police Office effective
November 10, 2017.
MOTION
BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLUTION NO. 312 (2017) RESIGNATION – MITCHELL
BE IT RESOLVED the Town Board
accepts the resignation from John Mitchell, part-time Police Officer effective
November 29, 2017.
MOTION
BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLULTION NO. 313 (2017) PERSONNEL – TRESOHLAVY
RESOLVED the Town Board
appoints Cole Tresohlavy as part-time EMT at the rate of $12.00/hr effective
January 1, 2018.
MOTION
BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 314 (2017) PERSONNEL – JOHNSON
RESOLVED the Town Board
appoints Alana Johnson as part-time ALS at the rate of $18.00/hr effective
January 1, 2018.
MOTION
BY BABCOCK, SECONDED BY MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTIO NO. 315 (2017) MS4 ENGINEERING SERVICES
BE IT RESOLVED that the
Supervisor is authorized to sign the Professional Services contract related to
the 2018 MS4 Stormwater Program with BME Associates not to exceed the amount of
$15,000 to be expensed from A8010.401 in FY2018.
MOTION
BY MCEWEN, SECONDED BY MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTIO NO. 316 (2017) REQUEST FOR PROPOSALS – 81
MAIN STREET
Resolved the Town Board
authorizes the Town Engineer to solicit “Request for Proposals” to conduct
Architectural Design Services related to the Local Government Efficiency Grant
award project to renovate 81 Main Street for ADA Handicap Access.
MOTION
BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 317 (2017) SPECIAL DISTRICT TAXABLE
ASSESSED VALUES
WHEREAS taxable assessed
values [TAV] for budgeting purposes have modified slightly between September
2017 and December 2017 (due to exemptions and SCAR decisions approved during
that time), and
WHEREAS the budget adopted on
November 7, 2017 did use the original TAV values, and
WHEREAS the County of Wayne
requires updated values in order to print correct tax bills for 2018,
BE IT RESOLVED the following
modifications be made to Taxable Assessed Values and Tax Rates for the 2018
Fiscal Year:
AND BE IT FURTHER RESOLVED
that all other tax rates as shown in the 2018 Adopted Budget remain as
originally published.
MOTION
BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 318 (2017) QUAKER ROAD LANDFILL
MONITORING 2018 – CLOUGH
BE IT RESOLVED that the
Supervisor is authorized to sign the proposal for Professional Engineering
Services with Clough Harbour Associated related to post-closure landfill
monitoring at the Quaker Road Landfill, dated December 1, 2017 not to exceed
fee of $7,500 to be expensed from A1440.401 in FY2018 as budgeted.
MOTION
BY MAUL, SECONDED BY BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 319 (2017) J.O’CONNELL & ASSOCIATES
CONTRACT
RESOLVED the Town Board
authorizes the Supervisor to sign the two (2) year contract November 1, 2017 –
October 31, 2019 with J.O’Connell & Associates, Inc. in the amount of
$36,000 to be expensed from A1010-401.
MOTION
BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTIO NO. 320 (2017) ONTARIO-WAYNE STORMWATER
COALITION INTERMUNICIPAL AGREEMENT
RESOLVED the Town Board
authorizes the Supervisor to sign the Ontario-Wayne Counties Stormwater
Intermunicipal Agreement.
MOTION
BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTIO NO. 321 (2017) HIGHWAY
EQUIPMENT PURCHASE – 2018 JOHNSTON VT-651 VACUUM STREET SWEEPER
RESOLVED
the Town Board authorizes the Highway Superintendent, Christopher Countryman,
to lease a 2018 Johnston VT-651 Vacuum Street Sweeper for a total price of
$250,880 with a six (6) year municipal lease with annual payments of $45,317.56
to be expensed from DA9710.603.
MOTION
BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLUTIO NO. 322 (2017) SPECIAL USE PERMIT RENEWALS –
2018
RESOLVED upon the
recommendation of the Town Engineer that the following Special Use Permits are
renewed for the calendar year 2018 and will expire December 31, 2018 and that
all prior conditions will be met as required in 2017:
A. E. Y. Enterprises –
1607 Commons Parkway
A & P Auto Parts – 2384 Creek Road
AT&T – 2285 Walworth
Road
Alpco – 846 Macedon
Center Road (Route 31F)
CRH/Stillwater Nursery –
1095 Quaker Road
Cafalone, Brian – 1214
Victor Road
County Line Raceway –
311 Route 31
Crown Atlantic – 1820
Macedon Center Road
Graf, Mark – 2075
Macedon Center Road
JT’s Drive-In Car Shop –
688 Frey Road
Lakeview Health Services
– 1950 Route 31
Macedon Landscaping –
1711 Wayneport Road
Morrison Excavating –
740 Quaker Road
Morrison, Roger – 2062
Magog Road
Pal-Mac Service Center
(prev. Shiff’s) – 1910 Route 31
Prime Development – 1241
Route 31
Pulcini, Walter – 2461
Quaker Road
Ricci & Sons Auto
Repair & Towing – 665 Route 31F
Rochester Aero Modeling
Society – 2529 Macedon Center Road
SBA – 1382 Wilson Road
True North Tractor –
2168-2179 Canandaigua Road
Twilight on the Erie –
1100 Marina Parkway
VanHout, Gerald – 1508
Alderman Road
Wayne County Chapter of
NYSARC, Inc. – 927 Victor Road
MOTION BY MAUL, SECONDED BY BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 323 (2017) MINING PERMIT RENEWALS –
2018
RESOLVED the Board approve
the following Mining Permits subject to any and all requirements deemed
necessary by the Town Engineer and shall expire December 31 2018:
AEY – Daansen Road
Eastern Sand & Gravel – Macedon Center
& Daansen Roads
Eastern Sand & Gravel – Walworth Road
McPherson, Donald – Route 350
Pulcini, Walter – Quaker Road
Smith, Gregory – Walworth Road
MOTION
BY MAUL, SECONDED BY BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLUTION NO. 324
(2017) BUDGET ADJUSTMENTS 2018
WHEREAS, during the
preparation of the 2018 Town Budget, two incorrect 2017 salary values were
used, which resulted in incorrect 2018 values,
AND WHEREAS the Town Board
wishes to bring about the corrections with no resulting change to the 2018 tax
rates,
THEREFORE BE IT RESOLVED that
the following 2018 budgetary adjustments be adopted:
(a) Ambulance [Farbizio] use
Contingency:
(b) Highway & Drainage
[Bellefontaine] accommodate by reducing OT plan:
MOTION
BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 325 (2017) LOCAL LAW
NO. 4 TO OPT OUT OF NEW YORK STATE REAL PROPERTY TAX LAW §487 TAX EXEMPTION FOR
CERTAIN SOLAR OR WIND ENERGY
SYSTEMS OR FARM WASTE ENERGY SYSTEMS
Be
it enacted by the Town Board of the Town of Macedon as follows:
Section 1.
Real
Property Tax Law §487 provides a real property tax exemption for certain solar
or wind energy systems or farm waste energy systems, defined therein as
follows:
“Solar
or wind energy system” means an arrangement or combination of solar or wind
energy equipment designed to provide heating, cooling, hot water, or
mechanical, chemical, or electrical energy by the collection of solar or wind
energy and its conversion, storage, protection and distribution.
“Solar
or wind energy equipment” means collectors, controls, energy storage devices,
heat pumps and pumps, heat exchangers, windmills, and other materials, hardware
or equipment necessary to the process by which solar radiation or wind is (i)
collected, (ii) converted into another form of energy such as thermal,
electrical, mechanical or chemical, (iii) stored, (iv) protected from
unnecessary dissipation and (v) distributed. It does not include pipes,
controls, insulation or other equipment which are part of the normal heating,
cooling, or insulation system of a building. It does include insulated glazing
or insulation to the extent that such materials exceed the energy efficiency
standards required by law.
“Farm
waste energy system” means an arrangement or combination of farm waste electric
generating equipment or other materials, hardware or equipment necessary to the
process by which agricultural waste biogas is produced, collected, stored,
cleaned, and converted into forms of energy such as thermal, electrical,
mechanical or chemical and by which the biogas and converted energy are
distributed on-site. It does not include pipes, controls, insulation or other
equipment which are part of the normal heating, cooling or insulation system of
a building.
“Farm
waste electric generating equipment” means equipment that generates electric
energy from biogas produced by the anaerobic digestion of agricultural waste,
such as livestock manure, farming waste and food processing wastes with a rated
capacity of not more than one thousand kilowatts that is (i) manufactured,
installed and operated in accordance with applicable government and industry
standards, (ii) connected to the electric system and operated in conjunction
with an electric corporation’s transmission and distribution facilities, (iii)
operated in compliance with the provisions of section sixty-six-j of the public
service law, (iv) fueled at a minimum of ninety percent on an annual basis by
biogas produced from the anaerobic digestion of agricultural waste such as
livestock manure materials, crop residues and food processing wastes, and (v)
fueled by biogas generated by anaerobic digestion with at least fifty percent
by weight of its feedstock being livestock manure materials on an annual basis.
Section 2.
No exemption under New York State Real Property Tax Law §487
shall be applicable within the Town of Macedon with respect to any solar or
wind energy system or farm waste energy system which began construction
subsequent to the effective date of such local law.
Section
3.
A copy of this local law shall be filed with the New York
State Commissioner of Taxation and Finance and with the President of the New
York State Energy Research and Development Authority, as required under New
York State Real Property Tax Law §487(8)(a).
Section 4.
This
local law shall go into effect immediately upon filing with the Secretary of
State.
MOTION BY MCEWEN, SECONDED BY
KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
Roundtable
*Highway Superintendent Christopher
Countryman stated that the highway department has made 17 trips for snow &
ice.
ABSTRACT NO. December (A) 2017 Regular
Bills
20177058-20177270 $702,656.66
RESOLUTION NO. 326 (2017) PAYMENT OF CLAIMS
RESOLVED the bills be paid as
audited.
MOTION BY MAUL, SECONDED BY BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 327 (2017) EXECUTIVE SESSION
RESOLVED the Board enter
Executive Session at 9:28 to discuss contracts.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 328 (2017) OPEN SESSION
RESOLVED the Board return to
Open Session at 10:10 p.m.
MOTION BY MCEWEN, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE,
MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 328 (2017) WASTE
MANAGEMENT CLOSURE/RESTORATION AGREEMENT
RESOLVED
the Town Board authorizes the Supervisor to sign the Waste Management
Closure/Restoration Agreement.
MOTION
BY KENYON, SECONDED BY BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
MOTION BY BABCOCK, SECONDED
BY MCEWEN THE MEETING BE ADJOURNED AT 10:12PM.
Karrie M.
Bowers
__________________________
Karrie M. Bowers
Macedon Town Clerk