NO. 28 PAGE 1
DECEMBER 29, 2004
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of Macedon held December 29, 2004 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
Town Clerk………………....Judy Gravino
RESOLUTION NO. 293 (04) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of December 9, 2004 with the following corrections to:
Resolution No. 275 (04) Special Use Permits:
Nichols Gas & Oil - 922 Rt. 31F
Rochester Aero-Modeling Society - 2529 Macedon Center Road
SBA Network Services - 1382 Wilson Road
Resolution No. 288 (04) POLICE DEPARTMENT REFERENDUM
RESOLVED that according to Section 150 of Town Law a town-wide yes
or no referendum be held to dissolve the Macedon Police Department.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON ABSTAIN, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
REPORTS - The Supervisor presented the following:
Macedon Police November 2004 Monthly Report
RESOLUTION NO. 294 (04) REPORTS
RESOLVED the Board approves the reports as submitted.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 295 (04) RESIGNATION - ASSESSING REVIEW BOARD -
PINKLEY
RESOLVED the Board regretfully accepts the resignation of Gerald Pinkley from the Assessing Review Board effective January 1, 2005.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 296 (04) ASSESSING REVIEW BOARD ADVERTISEMENT
RESOLVED the Board authorizes the Town Clerk to advertise for the position of Assessing Review Board Member, term to expire 9/30/2005.
MOTION BY MC EWEN, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 28 PAGE 2
DECEMBER 29, 2004
RESOLUTION NO. 297 (04) HARV'S HARLEY DAVIDSON
RESOLVED the Town Board schedules a public hearing on January 13, 2005 at 8:30 p.m. on Harv's Harley-Davidson's application for expansion of a non-conforming use and authorizes the Town Clerk to advertise.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 298 (04) EQUIPMENT PURCHASES
RESOLVED the Town Board authorizes the Supervisor to purchase a vacuum cleaner and snow blower for the Town Hall to be expensed from HA1621.200B not to exceed $1,500.
MOTION BY NAWROCKI, SECONDED BY MC EWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 299 (04) EMPIRE ZONE SHIFT OPERATION - FILER
WHEREAS, Filer's Power Sports LLC, 1620 Wayneport Road, Macedon, New York 14502, Tax ID 20 - 0559809 has sold power sport equipment in Macedon, NY from March 2004 to the present, and
WHEREAS, Filer's Power Sports LLC, employed six people in 2004, and
WHEREAS, physical problems prevented Filer's Power Sports LLC from remaining at 1620 Wayneport Road, Macedon, New York, beyond 2004 and
WHEREAS, Filer's Power Sports, LLC met with other localities prior to receiving a proposal to remain in Macedon in close proximity to its current location, and
NOW THEREFORE be it hereby
RESOLVED that the Town of Macedon consents to the relocation of Filer's Power Sports, LLC from 1620 Wayneport Road, Macedon to 1136 State Route 31, Macedon, NY located in the Wayne County Empire Zone.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 300 (04) MACEDON LANDFILL CLOSURE CHANGE ORDER
NO. 1
RESOLVED the Town Board authorizes Change Order No. 1 for the installation of chain link fencing around the perimeter of the Macedon Landfill CHA Project No. 12285.1005.1102 net increase in the amount of $74,699, contract price with all approved change orders $2,539,666 and authorizes the Supervisor to sign said change order.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 28 PAGE 3
DECEMBER 29, 2004
RESOLUTION NO. 301 (04) MACEDON LANDFILL CLOSURE PROJECT
CERTIFICATE OF SUBSTANTIAL COMPLETION
RESOLVED the Town Board authorizes the Supervisor to sign the Certificate of Substantial Completion Project No. 12285.1005.1102 dated December 15, 2004 which applies to all work under the Contract Documents or to the following specified parts thereof regarding the Town of Macedon Sanitary Landfill Closure - contractor Marcy Excavation Company, Inc. - owner Town of Macedon - engineer Clough, Harbour & Associates LLP contingent upon Town Attorney approval.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 302 (04) BUDGET ADJUSTMENTS & TRANSFERS
RESOLVED the Board authorizes the following budget adjustments and transfers for December 29, 2004:
A 0510 ESTIMATED REVENUES 2892.29
A 2001-6 SOCCER PROGRAM FEES 2892.29
A 0960 APPROPRIATIONS 3685.50
A 1990.400 CONTINGENT ACCOUNT 2616.74
A 7110.200 PARKS - EQUIP. 1068.76
A 0960 APPROPRIATIONS 6577.79
A 1356.100 ASSESS. REV. BD. 1.74
A 7110.100 PARK - SALARY 1068.76
A 7310.400 REC DIR - CONTR. 811.87
A 7313.400 FEE - REC CONTR. 2080.42
A 7510.400 HISTORIAN 25.00
A 9010.800 RETIREMENT 2590.00
B 0960 APPROPRIATIONS 376.95
B 1990.400 CONTINGENT ACCOUNT 376.95
B 0960 APPROPRIATIONS 376.95
B 9010.800 RETIREMENT 367.00
B 9030.800 SOCIAL SECURITY 7.84
B 9035.800 MEDICARE 2.11
DA 0960 APPROPRIATIONS 402.25
DA 9060.800 HEALTH INSURANCE 402.25
DA 0960 APPROPRIATIONS 402.25
DA 9030.800 SOCIAL SECURITY 325.71
DA 9035.800 MEDICARE 76.54
SD 0599 APPR. FUND BALANCE 712.96
SD 0960 APPROPRIATIONS 712.96
SD 8540.400 DRAINAGE DISTRICT 712.96
NO. 28 PAGE 4
DECEMBER 29, 2004
HB 0960 APPROPRIATIONS 197639.00
HB 1990.401 CONTINGENT - CONSTR. 196639.00
HB 1990.402 CONTINGENT - ADMIN. 1000.00
HB 0960 APPROPRIATIONS 197639.00
HB 8161.201 WORK FORCE ACCOUNT 100000.00
HB 8161.240 ADMINISTRATION 1000.00
HB 8161.245E ENG. - CONTR. ADMIN. 2040.00
HB 8161.245G ENG. - CONSTR. CERT. 15900.00
HB 8161.245H ENG. - PERIMETER FENCING 4000.00
HB 8161.293 MARCY EXCAVATING 74699.00
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 303 (04) STATE SNOW & ICE AGREEMENT
BE IT RESOLVED the Supervisor is authorized to sign the NY State Snow & Ice Agreement.
MOTION BY KENYON, SECONDED BY MC EWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
CORRESPONDENCE - The Supervisor presented the following:
Macedon hosted a meeting between APB Engineers and the residents of Emanuel Drive, at their request, regarding the Wal-Mart driveway on Route 31. The Macedon Town Planning Board has declared itself lead agent for the application. There will be a number of meetings for public comment.
Speed reductions have been granted for the following:
Eddy Road between Rt. 350 and Gananda Parkway - 45 MPH
Research Forest - 30 MPH
RESOLUTION NO. 304 (04) MARVIN/HPM LLC (STANTON) BUDGETS
RESOLVED the Town Board approve the budgets provided by NYS Department of Agriculture & Markets and United States Department of Agriculture revised as of December 20, 2004 for HPM LLC $385,347.50 and Marvin $452,214.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 305 (04) MARVIN/HPM LLC (STANTON) WIRE
RESOLVED the Town Board authorize the Town Accountant to wire to the Town Attorney's trust account the proceeds from the State and Federal Government once received.
MOTION BY NAWROCKI, SECONDED BY MC EWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 28 PAGE 5
DECEMBER 29, 2004
POLICE DEPARTMENT HOUSING ISSUE
Attorney Anthony Villani received the lease agreement late this afternoon offered by Mr. Toomey. Mr. Toomey offered 1,385 square foot office space for a proposed 10-year lease at no cost to taxpayers. A discussion followed between the Town Attorney and Mr. Toomey's Attorney regarding the terms of the lease agreement.
RESOLUTION NO. 306 (04) EXECUTIVE SESSION
RESOLVED the Town Board enter Executive Session for potential litigation at 8:40 p.m.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 307 (04) OPEN SESSION
RESOLVED the Town Board return to Open Session at 9:10 p.m.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Several residents spoke for and against the police housing issue.
Mark Henning presented a petition with 270 signatures petitioning the Town Board to allow the people to decide, by ballot, to create and house a town wide Macedon Police Force.
Councilperson Maul - There are things that the law expects us to put to referendum to get your voice in that form and there are things that they don't expect us to put to referendum to hear your voice. This is one of the things that they did not expect us to put to referendum, the creation of the police department. Therefore, what we did was to vote as a board to create a police department. Town law says if you are going to spend money to create, or modify, or lease buildings for town use then you have to put it to referendum, which is different from Village Law. The Village doesn't have to ask you. The Village can spend any money they want and just send us the bill. We had the referendum and we heard your voice which was no. The Board is not allowed to spend $7,500 to house the police department. I understand that there was more of a message you were trying to get to us besides what we asked. I encourage you to continue to make your voice heard by coming here and telling us. We were not supposed to put this question to referendum and we didn't. We were suppose to do what you elected us to do, which is to decide the best way to govern this town. In this case it is to protect this town and act on that. I believe that is what we did.
Councilperson Kenyon - We have accomplished what the voters asked us to do. They didn't want us to spend money housing the police. This offer would provide that opportunity.
Councilperson Nawrocki - We heard a number of comments from the public regarding public safety. This is a public safety issue. It is also one that we have had some control of through our lease arrangement with the Village, but it was not always in our control how the Village managed the force. The way Villages are allowed to budget and appropriate funds is totally different than the way we are bound to account for our money. We certainly have a responsibility to act for the public safety. We don't put a lot of things that we spend to referendum. A third of our budget goes for highway, which is public safety and maintenance of our infrastructure. We don't put our fire or ambulance contracts that we engage in every year or our annual contracts to referendum. Those are public safety. I have to agree with what many of you said and I personally vent in my frustration with school budgets by voting negatively because that is the place I have a choice to pull a lever. We tend to do that when we get frustrated. I believe that I have heard people say that you have elected us to act.
NO. 28 PAGE 6
DECEMBER 29, 2004
Councilperson Kenyon - The Board has to be very careful about the information that we can make public. We can tell you what the facts are. We are not allowed by law to promote a position one way or the other. We have no authority to spend taxpayer money to promote a position. The public is at liberty to do whatever they choose in terms of promoting an issue one way or the other. We do our discussion here at this table. This is our only public forum where we deliberate on these issues such as the decision that we made in the spring about the contract with the Village. The deliberations over the summer resulted in our final resolution to create the town wide police department.
Supervisor Hammond - I have been very adamant that I support the police department. The night that the department was created was a total surprise to me. I had no idea that we were going to act on it that night. I always anticipated that we would look at all the costs concerned with the police department and would negotiate with them. We would know what the cost was and pass that information back to you as residents of this town. That did not happen. We formed a department without that information for you to at least hear. That is why I opted not to vote in favor of formation of the department that night. I still believe that I should be informing you as to what the costs are going to be, what the plans of the department are, possibly if we were looking at building a structure. I support the police department, but I think we should all know the facts. At the last meeting Mr. Villani said he would sign off on the idea of formation and housing of the police department as another referendum. My personal opinion is that we need to do that. I certainly appreciate Mr. Toomey's very generous offer. It was the right decision to make this town wide. I don't think I should pass the responsibility of determining whether or not we house a police department to another board down the road. That is a decision this board made and I think it is our responsibility to find the answer, not 5 years from now or 10 years from now.
Councilperson McEwen - I am not against the police. I do believe the voters should have been able to make this overall decision. I do respect the majority vote of the Board. They voted to form the police department. The police department is formed. The housing vote went down. We have different opinions on what that vote meant. Because I believed from day one that this should have gone to a referendum, I believe that is what that vote meant.
RESOLUTION NO. 308 (04) POLICE HOUSING
WHEREAS the Town has created, by resolution, a town wide Police Department, and had intended to house them in their current location for the remainder of 2005, and
WHEREAS the referendum necessary to expend town funds to accomplish that continued housing, was defeated in the most recent election, and
WHEREAS we are in receipt of a good faith offer from Toomey LLC to house the department at no cost to the town or its taxpayers, for an indefinite period of time, therefore
BE IT RESOLVED that the Town Board expresses its intent to enter into a lease agreement with Toomey LLC, precise terms of which are to be finalized and subject to the Town Attorney's approval, and any applicable SEQRA constraints.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN NAY,
NAWROCKI AYE, HAMMOND NAY MOTION CARRIED
MOTION BY HAMMOND, SECONDED BY MC EWEN THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 10:27 PM.
_______________________________________
Respectfully submitted by
Judy W. Gravino, RMC
Town Clerk