NO. 23 NOVEMBER 13, 2008 PAGE 1
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of
The Pledge of Allegiance was led by Cub Scout Troop 166, Den 5 from Macedon.
Upon Roll Call, the following members of the Board were present:
Councilperson……….Paul Kenyon
Councilperson……….David McEwen
Councilperson……….Sandy Pagano
Supervisor………….. William Hammond
Also Present: Chief of Police………John Colella
Attorney……………..Anthony Villani
Hwy Superintendent...Richard Roets
Absent……………..Councilperson………..David Maul
RESOLUTION NO. 245 (08) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of October 23, 2008 with the following correction:
8:05 PUBLIC HEARING - 2009 BUDGET on page 3
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
REPORTS: OCTOBER POLICE REPORT
AMBULANCE REPORT
RESOLUTION NO. 246 (08) APPROVAL OF REPORTS
RESOLVED the Board approves the reports as submitted.
MOTION BY MCEWEN, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
The Trails Committee represented by Aaron Cook and Pete
Henry requested permission to work on a loop trail on Town property behind
Rando. They also would like to install a boardwalk that will connect this trail
to
NO. 23 NOVEMBER 13, 2008 PAGE 2
RESOLUTION NO. 247 (08) STATE SNOW & ICE AGREEMENT - 2009/2010
RESOLVED the Town Board approves the 2009/2010 State Snow and Ice Agreement, Contract No. D009827, to include the increased lane mileage of 33.70 and whereas said agreement is for a period of three (3) years
BE IT RESOLVED that the Agreement be extended to expire June 30, 2012 and authorizes the Supervisor to sign said agreement.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 248 (08) STREET LIGHTING INSTALLATION APPROVED
RESOLVED the Town Board authorizes NYSEG to install 2-150 watt high pressure sodium are lights on NYSEG poles 7 & 8 located on O’Neil Road, install 18’ bracket on pole 8 and install 250 watt high pressure sodium floodlight on pole 7 to illuminate parking area with an annual charge of $419.75.
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 249 (08) CLOSING OF THE BOOKS
RESOLVED that the Town Accountant Kim Leonard be authorized to make any necessary adjusting and budgetary journal entries in closing the 2008 fiscal year.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 250 (08) PHILIP STEIGER POST #494 AMERICAN LEGION -
GAMES OF CHANCE- BELL JAR
RESOLVED the Board approves the Games of Chance License for the Philip Steiger Post #494 American Legion to conduct Bell Jar for the period of January 1, 2009 through December 31, 2009.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 251 (08) ORGANIZATIONAL MEETING SCHEDULED
RESOLVED the Board schedules the Organizational Meeting for January 5, 2009 (Monday) at 4 P.M.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
NO. 23 NOVEMBER 13, 2008 PAGE 3
RESOLUTION NO. 252 (08) MUNICIPAL COOPERATION AGREEMENT WITH MACEDON/PALMYRA/WALWORTH - AERIAL LIFT TRUCK
RESOLVED the Board approves the Municipal Cooperation
Agreement between the Town of
MOTION BY MCEWEN, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 253 (08) MUNICIPAL COOPERATION AGREEMENT WITH MACEDON/PALMYRA/WALWORTH - STRET SWEEPER/CATCHBASIN CLEANER
RESOLVED the Board approves the Municipal Cooperation
Agreement between the Town of
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
CORRESPONDENCE
Letter from Marty Aman, WCWSA, informing the Town of a water rate increase to $3.90 per thousand a 5 cent increase per thousand effective 1/1/09.
Letter from Red Cross stating that last blood drive at Macedon Community Room was a big success and helped 150 people.
Letter from WIC stating that they have 175 people from the Macedon area that now participate in the program once a month at the Community Room.
Councilman Maul entered meeting at 8:12 P.M./congratulations on your daughter being entered into the Honor Society.
Charles Holvey spoke to the Town Board, first thanking Dick Roets and the Highway Department for the great job they have been doing and also thanking Chief of Police John Colella for his service to the community. Mr. Holvey then spoke as a business owner in Macedon and how he has had to follow Town regulations for a Special Use Permit every year. However, he sees many other businesses being operated from their homes that are not in compliance and have not obtained a Special Use Permit. He feels that Special Use Permits should be uniform and that it is lost income for the Town.
No. 23 NOVEMBER 13, 2008 PAGE 4
RESOLUTION NO. 254 (08) PERMISSIVE REFERENDUM
WHEREAS, the Town of Macedon owns two parcels of property, transferred to the Town of Macedon by Wayne County IDA subject to the provisions of a dispositions agreement between the Town of Macedon, New York, such parcels being described as follows: Parcel I being approximately 32.653 acres of land located on Route 31 in the Town of Macedon, Wayne County, New York and being identified as tax map number 62111-00-170972 (“Parcel I”); and Parcel II being approximately 6.238 acres of land located on Commons Parkway in the Town of Macedon, Wayne County, New York and being identified as tax map number 62111-00-151809; and
WHEREAS, the Town of Macedon has received a purchase offer from Lone Wolf Properties, LLC for approximately 2 acres of the above described property as shown on a map attached to the purchase offer in the amount of $15,000, and
WHEREAS, the above described disposition agreement provides that the proceeds from any sale of any part of the property be used exclusively to improve infrastructure such as roads within the remainder of the parcel, and
WHEREAS, the sale of the vacant property has been determined to be a “unlisted” pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act and the laws and regulations of the Town of Ithaca, the implementation of which action as proposed, the Town Board has determined, will not result in any significant environmental effects:
BE IT RESOLVED, subject to permissive referendum, that the Town Board of the Town of Macedon hereby authorizes and directs the Supervisor of the Town of Macedon, on behalf of the Board, to take all actions necessary to accept the purchase offer and to convey, transfer to, execute and deliver and, where appropriate, cause to be filed or recorded of record, any and all documents on behalf of the Town of Macedon as may be necessary or proper for the purpose of conveying, executing and delivering title to the Lone Wolf Properties, LLC pursuant to the terms and conditions of the purchase offer as may be modified by the approval letter to be issued by the Town Attorney, and it is further
RESOLVED: The Town Board, subject to the contingencies set forth in the purchase offer agreement and this resolution and other contingencies relating to obtaining necessary approvals including, if a referendum is held, the approval of the voters of the Town , hereby authorizes the sale of the property to Lone Wolf Properties, LLC as set forth in such purchase agreement, and further authorizes the undertaking of all of the obligations set forth in said purchase agreement, including without limitation, the preparation of a survey, obtaining and delivering all closing papers, and completion of
NO. 23 NOVEMBER 13, 2008 PAGE 5
the sale, all of said actions being authorized pursuant to Town Law 64 and 220, and it is further
RESOLVED: The Officers of the Town, including the Town Supervisor, Town Engineer, Town Clerk, and Attorney for the Town are hereby authorized to take such actions as they deem necessary or appropriate to complete the sale of the Building if the Development Company exercises its option and to carry out the intent of this resolution, and it is further
RESOLVED: Within 10 days after the adoption of this resolution by the Town Board, the Town Clerk shall, as set forth in Town Law 90, post and publish a notice which shall set forth the date of the adoption of this resolution and contain a copy of this resolution, stating the purpose and effect thereof. Such notice shall specify that such resolution was adopted subject to a permissive referendum, and it is further
RESOLVED: This resolution shall take effect immediately, unless a referendum pursuant to Town Law 64 and 220, and it is further
RESOLVED, that the proceeds of the sale be held and used for the purposes set forth in the above described disposition agreement, and it is further
RESOLVED, that the Town Clerk shall advertise this resolution as subject to permissive referendum in accordance with the laws of the State of New York.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 255 (08) ENTER EXECUTIVE SESSION
RESOLVED the Board enters Executive Session to discuss personnel at 9 P.M.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO
AYE,
RESOLUTION NO. 256 (08) RETURN TO OPEN SESSION
RESOLVED the Board returns to open session at 9:45 P.M.
MOTION BY MAUL, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
NO. 23 NOVEMBER 13, 2008 PAGE 6
ABSTRACT NO. 10A - 08 EXPENDITURES IN THE AMOUNT OF
CLAIM NO. 18254 $2,751.00
APPROVED FOR PAYMENT AT BOARD MEETING 10/23/2008
ABSTRACT NO. 11-08 EXPENDITURES IN THE AMOUNT OF
CLAIM NO. 18440 $49,408.13
APPROVED FOR PAYMENT AT BOARD MEETING 10/9/2008
ABSTRACT NOS. 11A-08 EXPENDITURES IN THE AMOUNT OF
CLAIM NOS. 18255 - 18439 $716,215.00
18441 - 18332
RESOLUTION NO. 257 (08) PAYMENT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY MCEWEN, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
MOTION BY MCEWEN, SECONDED BY
_____________________________________________
Linda Habecker, Deputy Town Clerk