NO. 21 PAGE 1
OCTOBER 9, 2003
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of Macedon held October 9, 2003 at the Town Offices, 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 Maul
Councilperson………………David McEwen
Councilperson………………Ken Nawrocki
Supervisor…..………………William Hammond
Also Present: Town Attorney……………..Anthony Villani
Deputy Town Clerk………...Linda Habecker
John Wightman, Treasurer of Pal-Mac Middle School Student Council was presented with a gavel and certificate from the Town Board. The gavel will be used at Student Council Meetings.
DISCUSSIONS: Marty Aman from the Wayne County Water and Sewer Authority spoke on amending the notification time for water rate increase from 90 days to 60 days due to budget process timing.
RESOLUTION NO.261 (03) WCW&SA WATER RATE INCREASE NOTICE
CHANGE
RESOLVED the Board authorizes the letter amendment dated September 25, 2003 to the existing water supply agreement with Wayne County Water & Sewer Authority changing the requirement for notification of rate increases from 90 days to 60 days due to the timing of the WCW&SA budget process timing.
MOTION BY MAUL,SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
DISCUSSION: Toomey Enterprise, 1620 Wayneport Road-Temporary Use-Office Trailer- the Board would like a Planning Board recommendation in writing . They also stated that the use of the trailer can be no longer than 6 months by code. Board will have recommendation by October 23, 2003 meeting.
RESOLUTION NO. 262 (03) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of September 25, 2003 with the following amendment:
RESOLUTION NO. 250 (03) BUDGET ADJUSTMENT Dr. Cr.
HA0960 Appr. $1,000
HA1990.401 Contingency 1,000
HA0960 Appr. $1,000
HA1621.201 Clerk of the Works 1,000
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO.21 October 9, 2003 Page 2
RESOLUTION NO. 263 (03) HIGHWAY SUPERINTENDENT SCHOOLING
RES.238 AMENDED
RESOLVED the Board amends Res. No. 238 (03) Highway Superintendent Schooling to be expended from A5010.400. (Original resolution had DA5010.400)
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 264 (03) APPROVAL OF REPORTS
RESOLVED the Building & Zoning 2nd & 3rd Quarter Reports be accepted as presented.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO 265 (03) SPENDING PROCEDURE FROM .4 ACCOUNTS
BE IT RESOLVED that all discretionary spending from .4 accounts, except Highway, be subject to pre-approval by the department liaison and the Supervisor.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 266 (03) AMESBURY PLANNING BOARD FEE REFUND
BE IT RESOLVED that the Town Board approves the refund of Planning Board Fees in the amount of $100 paid by Oliver Amesbury due to the withdrawal of his application. (Due to lack of time the property was sold as is.)
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 267 (03) FARMLAND PRESERVATION WIRE TRANSFER
WHEREAS the Town of Macedon recently received $577,807 via the NYS Department of Agriculture and Markets for the Town of Macedon Farmland Preservation purchase of development rights program for the Rogers Farm and
WHEREAS the Town of Macedon needed to wire such funds to the Town Attorney, Anthony Villani for closing costs associated with said program, be it therefore
RESOLVED that the Macedon Town Board acknowledges said wire was done by Kim V. Leonard, Town Accountant on 9/26/2003 in the amount of $577,807.00 from the Macedon Farmland Preservation Trust Expendable Account to the Trust Account of the Town Attorney as per his instructions dated September 26, 2003.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE : KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO.268 (03) BULLIS PARK WASTE SERVICE AGREEMENT
RENEWAL
RESOLVED the Town Board approves the Service Agreement with Waste Management at a cost of $75/month for rubbish pickup at Bullis Park from April through October and authorize the Supervisor to sign said agreement.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 21 OCTOBER 9, 2003 PAGE 3
RESOLUTION NO. 269 (03) SURPLUS OFFICE EQUIPMENT
RESOLVED the Town Board declares the attached list of office equipment as surplus and authorizes the Town Clerk to advertise for sealed bids. (Inventory list will be available at the Town Clerk's Office and viewing date will be determined by the Highway Superintendent. Items will be numbered to correspond with the inventory list by the Highway Superintendent. Sealed bids will be collected by the Town Clerk.)
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 270 (03) PRELIMINARY BUDGET PUBLIC HEARING
SET FOR 10-23-2003 AT 8:45 P.M.
RESOLVED that a public hearing is set for October 23, 2003 at 8:45 P.M. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the preliminary 2004 budget for the Town of Macedon and directs the Clerk to publish notice of said hearing.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 271 (03) MACEDON CENTER FIRE ASSOC. FIRE PROTECTION SERVICES PUBLIC HEARING SET FOR 10-23-03 AT 7:35 PM
RESOLVED that a public hearing be set for October 23, 2003 at 7:35 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed fire protection agreement between the Town of Macedon and the Macedon Center Volunteer Firemen's Association for fire protection services for the year 2004.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 272 (03) VILLAGE OF MACEDON FIRE PROTECTION & AMBULANCE SERVICES P.H. SET FOR 10-23-2003 AT 7:50 P.M.
RESOLVED that a public hearing be set for October 23, 2003 at 7:50 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed fire protection agreement and town wide ambulance coverage between the Village of Macedon and the Town of Macedon for the year 2004.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 273 (03) LANDFILL CONSULTING SERVICES -
BERNARD P. DONEGAN
BE IT RESOLVED BY THIS TOWN BOARD AS FOLLOWS:
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
NO. 21 OCTOBER 9 ,2003 PAGE 4
RESOLUTION NO. 274 (03) BOND RESOLUTION DATED OCTOBER 9, 2003 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SERIAL BONDS OF THE TOWN OF MACEDON, WAYNE COUNTY, NEW YORK, TO FINANCE LANDFILL CLOSURE 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, pursuant to a duly promulgated consent order, the Department of Environmental Conservation has mandated that the Town of Macedon, New York (hereinafter referred to as the "Town") undertake work in connection with remediation and closure of the Town of Macedon Sanitary Landfill (the "landfill"); and
WHEREAS, compliance with the consent order is a non-discretionary mandatory action under the State Environmental Quality Review Act and the applicable regulations thereunder requiring no further determinations by the Town thereunder; and
WHEREAS, the Town Board proposes to authorize the issuance and sale of bonds (and notes in anticipation thereof) to finance the costs of remediation and closure of the landfill; now therefore
BE IT RESOLVED by the Town Board of the Town of Macedon, New York, by the favorable vote of not less than two-thirds of all the members of such Board, as follows:
Section 1. The Town of Macedon shall undertake certain capital improvements consisting of the remediation and closure of the Town landfill, and site and other appurtenant or incidental improvements in connection therewith (hereinafter referred to as the "purpose"), and general obligation serial bonds in an aggregate principal amount not to exceed $3,300,000 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 aggregate maximum cost of said purpose, including preliminary costs and costs appurtenant or incidental thereto and costs of the financing thereof, is estimated to be $3,300,000 and said amount is hereby appropriated therefor. The plan for financing of said purpose is to provide all of said additional maximum cost by issuance of serial bonds and bond anticipation notes as herein authorized, to be offset and reduced dollar for dollar by the amount of grants received, if any, presently estimated to be up to fifty (50) percent of such costs.
Section 3. It is hereby determined and declared that (a) said purpose is one of the class of objects or purposes described in Subdivision 6-b of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is twenty (20) years, (b) the proposed maximum maturity of said bonds authorized by this resolution will be in excess of five years, (c) prior to the issuance of the bonds or notes herein authorized there will be provided the appropriate amount of current funds required by Section 107.00 of the Local Finance Law, if any, (d) there are presently no outstanding bond anticipation notes issued in anticipation of the sale of said bonds, and (e) the notes herein authorized are not issued in anticipation of bonds for an assessable improvement.
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.
NO. 21 OCTOBER 9, 2003 PAGE 5
Section 5. It is hereby determined that the Town of Macedon 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 bond anticipation notes and to prescribe the terms, form and contents of said bonds and bond anticipation 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 and liquidity enhancements, if any, and to sell and deliver said bonds and bond anticipation notes subject to the provisions of this resolution and the provisions 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 any bonds and bond anticipation notes issued pursuant to this resolution, and are hereby authorized to affix to such bonds and bond anticipation notes the corporate seal of the Town of Macedon and to attest the same.
Section 7. The faith and credit of the Town of Macedon, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds and bond anticipation notes as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all taxable real property of said Town, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable.
Section 8. This resolution, or a summary hereof, shall be published in full by the Town Clerk of the Town of Macedon together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law, and such publication shall be in each official newspaper of the Town, in the manner prescribed by law. The validity of said bonds and bond anticipation notes issued in anticipation of the sale of said serial bonds, may be contested only if such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or the provisions of law which should be complied with, at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall take effect immediately upon its adoption.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 275 (03) APPROVAL OF MINUTES
RESOLVED the Board approves the Workshop Minutes of October 4, 2003 as presented.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 21 OCTOBER 9, 2003 PAGE 6
DISCUSSION:
KEN GRUDENS OF THE NEW YORK STATE AGRICULTURE & MARKETS FARMLAND PRESERVATION PROGRAM MADE A PRESENTATION, EXPLAINING TO ALL PRESENT HOW THE PROGRAM WORKS AND WHO QUALIFIES.
Paul Kenyon discussed the new road being installed by the Macedon Highway Department for the buses. Explained the serious safety issues that this road will correct. He also would like to remind everyone that this was done by permissive referendum and voted on by the people. This road will be tied to the new bus loop at the Elementary School and bring the Library, Town Complex, & School together the Town is being paid $26,132.00 for doing the road for the school district.
Bill Hammond congratulated Chuck Jefferson on receiving the Pioneer Award for his outstanding work in the rebuilding of the Library.
A Macedon Public Library Inaugural Dinner is being held on November 1, 2003 at Parkwood at a cost of $60.00 each/half of this fee goes to the Library.
The Change Bridge Ball held on October 3, 2003 was very successful and made over $7,000.
Bill Hammond stated that the Town has received a check from NYSERTA for $2208.00 for using energy efficient lighting in the Town Complex.
The request for speed reduction request on Canandaigua Road, south from Route 31 to Ontario County Line was denied after being researched by NYS DOT and the State Police.
Paul Kenyon stated that he had been to a Recreation Commission meeting and that they were working on a mission statement of their plan. They are working with the Master Plan in mind and working on programs for all ages.
RESOLUTION NO. 276 (03) EXECUTIVE SESSION
RESOLVED the Board go into Executive Session to discuss possible litigation at 9:00 P.M.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND MOTION CARRIED
RESOLUTION NO. 277 (03) RETURN TO OPEN SESSION
RESOLVED the Board return to Open Session at 9:45 P.M.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 278 (03) SUBSTITUTING ATTORNEY/LITIGATION
RESOLVED the Town Board authorize the Supervisor to consent to substitute the Town Attorney, Anthony Villani, for Boyle & Brown in the Macedon Land Development litigation.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 21 OCTOBER 9, 2003 PAGE 7
ABSTRACT NO. 10-03
CLAIM NOS.7769-7927 Expenditures in the amount of $142,463.88
RESOLUTION NO.279 (03) 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,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
MOTION BY KENYON, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 9:50 P.M.
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LINDA HABECKER,DEPUTY TOWN CLERK