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JANUARY
8, 2009
WEB
SITE http://macedontown.net
A Regular Meeting of the Town
Board of the Town of Macedon held January 8, 2009 at the Town Offices, 32 Main
Street in the Village of Macedon, was called to order by Supervisor William
Hammond 7:30 P.M.
Pledge of Allegiance
Upon Roll Call, the following members of the Board were present:
Councilperson……….David Maul
Councilperson……….David McEwen
Councilperson……….Cassandra Pagano
Supervisor…………...William Hammond
Absent: Councilperson……….Paul Kenyon
Also Present: Police Chief…………..John Colella
Town Attorney……..…Anthony Villani
Town Engineer……….Scott Allen
Town Clerk …………...Judy Gravino
RESOLUTION NO. 33 (09)
APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of December 11, 2008 as presented.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN ABSTAIN,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
REPORTS – The Supervisor presented the following:
December Police Report
RESOLVED the Board approves the reports as submitted.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board approves the minutes of the January 5, 2009 Organizational Meeting with the following corrections:
Page 2 – Res. 2 – 9 the year should state 2009
Page 5 – Res. 31 Earl Lergner IV should be FT
Page 5 – Res. 32 Add Earl Lergner under Full Time
Page 13 – Res. 25 Should read John Colella, Police Chief, Macedon Police Dept.
MOTION BY PAGANO, SECONDED BY MAUL
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
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JANUARY
8, 2009
RESOLUTION NO. 37 (09) ONTARIO-WAYNE STORMWATER COALITION FEASIBILITY STUDY OF JOINT INSPECTION AND LONG-TERM FUNDING GRANT LEAD APPLICANT
WHEREAS, the Macedon Town Board has entered into an INTERMUNICIPAL AGREEMENT among the Ontario-Wayne Counties Stormwater Coalition members of the Towns of FARMINGTON, 1000 County Road 8, Farmington, New York 14425, ONTARIO, 1850 Ridge Road, Ontario, New York 14519, VICTOR, 85 East Main Street, Victor, New York 14564, WALWORTH, 3600 Lorraine Drive, Walworth, New York 14568, hereinafter referred to as “Towns”, the Coalition members of the Villages of MACEDON, 81 Main Street, Macedon, New York 14502, VICTOR, 60 East Main Street, Victor, New York 14564, hereinafter referred to as “Villages”; ONTARIO COUNTY on behalf of its Department of Public Works with offices at 2962 County Road 48, Canandaigua, New York 14424; and WAYNE COUNTY on behalf of its Highway Department with offices at 7227 Route 31, Lyons, New York 14489, as authorized by Article 5-G of the General Municipal Law.
WHEREAS, the Phase II Federal Stormwater Regulations require that regulated municipal separate storm sewer system operators comply with the SPDES General Permit for Stormwater Discharges (General Permit 0-08-002) issued by the New York State Department of Environmental Conservation; and
WHEREAS, the municipalities recognize that, because watersheds and separate storm sewer systems cross municipal and county boundaries and because there are opportunities to save money and resources by working collaboratively, the municipalities should work cooperatively to comply with the requirements of the Phase II Federal Stormwater Regulations; and
WHEREAS, the Ontario-Wayne Stormwater Coalition started holding meetings beginning in 2004 to identify and analyze options for pooling resources to meet the requirements of the Phase II Federal Stormwater Regulations, and;
WHEREAS, the work of the Ontario-Wayne Stormwater Coalition shall be to work collaboratively to [among other goals],:
NOW, THEREFORE, BE IT RESOLVED that the Macedon Town Board will sponsor an application for funds, to be known as the Ontario-Wayne Stormwater Coalition Feasibility Study of Joint Inspection and Long-Term Funding to be submitted to the New York Department of State; and
BE IT FURTHER RESOLVED that the Town of Macedon has agreed to act as Lead Applicant for a 2008-2009 Local Government Efficiency Program High Priority Planning Grant Project proposal; and
BE IT FURTHER RESOLVED that the Scott Allen, Code Enforcement Officer/Stormwater Management Officer of the Town of Macedon has agreed to execute all financial and/or administrative processes relating to the grant program;
BE IT FURTHER RESOLVED that the Macedon Town Board authorizes the application for funds in the amount of $50,000, the 10% required local share of which will be paid for by the Ontario-Wayne Stormwater Coalition from dues which the Town of Macedon contributes to on an annual basis; and
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BE IT FURTHER RESOLVED that the Towns of FARMINGTON, 1000 County Road 8, Farmington, New York 14425, ONTARIO, 1850 Ridge Road, Ontario, New York 14519, VICTOR, 85 East Main Street, Victor, New York 14564, WALWORTH, 3600 Lorraine Drive, Walworth, New York 14568, hereinafter referred to as “Towns”, the Coalition members of the Villages of MACEDON, 81 Main Street, Macedon, New York 14502, VICTOR, 60 East Main Street, Victor, New York 14564, hereinafter referred to as “Villages”; ONTARIO COUNTY on behalf of its Department of Public Works with offices at 2962 County Road 48, Canandaigua, New York 14424; and WAYNE COUNTY on behalf of its Highway Department with offices at 7227 Route 31, Lyons, New York 14489 are co-applicants within this project.
MOTION BY MCEWEN, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board approves the Snow and Ice Control Agreement on County Roads for the 2008-2009 Winter Season, which commenced on November 1, 2008 and ends on May 30, 2009 and authorizes the Supervisor to sign said contract.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
WHEREAS, Wayne County in partnership with its (15) fifteen Towns conducted a signage study that established a database that includes all required highway sign design and placement specifications; and
WHEREAS, the study also assigned GPS locations for all highway signs on County and Town Roads; and
WHEREAS, Wayne County and its 15 Towns would like to continue this partnership by applying to the NYS Department of State for a Local Government Efficiency Implementation Grant to consolidate the administration, maintenance, and replacement of all signs located on Town and County Roads into the Wayne County Highway Department, which will reduce costs to local highway departments and establish continuity regarding compliance with new signage regulations; now, therefore, be it
RESOLVED, that the Town of Macedon designates Wayne County as the lead applicant for the NYS Local Government Efficiency Grant; and be it further
RESOLVED, that James D. Hoffman, Chairman of the Wayne County Board of Supervisors, is designated as the lead applicant contact person and is authorized to submit an application to the NYS Local Government Efficiency Grant Program (LGE) for the 2008-2009 Program Year for the Wayne County Consolidated Signage Program and to execute all financial and/or administrative processes related to the grant program; and be it further
RESOLVED, that the Town of Macedon intends to enter into an Intermunicipal agreement with Wayne County authorizing the centralized and consolidated administration, maintenance and replacement of all signs located on Town and County Roads; and be it further
RESOLVED that the Town of Macedon authorizes the following co-applicants:
Town of Arcadia, Town of Butler, Town of Galen, Town of Huron, Town of Lyons, Town of Marion, Town of Ontario, Town of Palmyra, Town of Rose, Town of Savannah, Town of Sodus, Town of Walworth, Town of Williamson, Town of Wolcott
AND BE IT FURTHER RESOLVED that the Town of Macedon authorizes a total LGE funding request of not to exceed $900,000 and be it further
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RESOLVED that the Town of Macedon will commit to a not to exceed cost of $7,000 as its share of the required 10% funding match.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board accepts the resignation of Richard Dodge from the position of Ambulance Driver/Director effective January 8, 2009.
MOTION BY HAMMOND, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
The Board thanked Mr. Dodge for all his work related to the ambulance.
RESOLVED the Town Board authorize the Town Clerk to advertise for the position of Advanced Life Support Technician subject to Civil Service Qualification with a salary of $16-$18/hour.
MOTION BY PAGANO, SECONDED BY MAUL
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 42 (09) CAFALONE SPECIAL USE PERMIT
REFERRED TO PLANNING
RESOLVED the Town Board refer the Special Use Permit application from Brian Cafalone to operate a small business in an R-30 Residential District consisting of a landscape maintenance business to the Planning Board and County Planning Board.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
A lengthy discussion followed between the Board, the permit applicant and residents on the renewal of the VanHout Special Use Permit.
RESOLVED the Gerald VanHout Special Use Permit at 1508 Alderman Road be renewed with the following stipulations:
1.Employees:
No more than 4 employees on premises, any additional seasonal or other employees must report directly to job locations, not to the Alderman Rd. property
2. Hours of Operation:
7 a.m. – 7 p.m. as dictated by Town Code Monday – Friday
8 a.m. – 6 p.m. on Saturday
Sunday hours not permitted
3. The current approved business inventory equipment:
1-One ton dually pickup truck
1-Extended cab pickup truck
1-F550 6-wheel dump box truck
1-F8000 6-wheel dump truck
1-T320 tracked diesel bobcat
1-20 ton eager beaver lowboy trailer
1-dump trailer
1-Cat 416 backhoe 1998
1-Cat 311-track excavator
1-8000 # mini excavator
Any property deviation of the inventory in the future is subject to the approval of the Town.
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JANUARY 8, 2009
and that all prior conditions will be met as required in 2008 and with an expiration date of 12/31/2009.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
As part of an ongoing review of the Police Department Property Room/Evidence handling procedures, be it resolved that the Chief of Police is authorized to purchase the Ace Express Basic Workstation Package, at a cost not to exceed $2,995.00. The Evidence and Property Room management package includes the Ace Express Software license, (1) New Dell workstation, 17” LCD monitor, (1) Brother QL550 Label Printer, (1) Unitech MS 120 Bar Code Scanner, (1) 300 pack of labels for the QL printer, one year of customer support and shipping to be expensed from AF3420.00 at a zero cost to the town taxpayers.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
WHEREAS, the Town of Macedon has been informed that its current office leases for the Macedon Police Department and Macedon Ambulance will not be renewed, and
WHEREAS, the Town of Macedon has negotiated a purchase and sale contract with Toomey Construction for the purchase of property known as 1620 Wayneport Road, Macedon, NY, Tax No. 061-111-0006-255-825 including all buildings and other improvements consisting of 1 office building and 1 4 bay garage on a lot approximately 300 feet by 287 feet in size, for the sum of Five Hundred Seventy-five Thousand Dollars ($575,000.00) and
WHEREAS, the purchase of the this land and building to house the Town Police Department and Town Ambulance 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, hereto attached, and the laws and regulations of the Town of Macedon, 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 sign a purchase contract 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 from Toomey Construction to the Town of Macedon 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 purchase of the property from Toomey Construction 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 the sale, all of said actions being authorized pursuant to Town Law '' 64 and 220, and it is further
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JANUARY
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RESOLVED: That said purchase offer shall contain a contingency for the permissive referendum to which this resolution is subject and a second contingency for any permissive referendum needed to finance the purchase of the property pursuant to the Local Finance Law as well as such other contingencies as recommended by the Town Attorney, 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 real property and improvements, 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 is requested, in which event it shall take effect, if approved at such referendum, upon such approval, and it is further
RESOLVED: This resolution is adopted subject to a permissive referendum pursuant to Town Law '' 64 and 220, 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 MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED to hire Due Diligence Inspection & Assessment Services to perform inspection services to inspect property located at 1620 Wayneport Road at a cost not to exceed $800.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
It was the consensus of the Board to send a letter in support of the Palmyra-Macedon Central School District and Wayne-Finger Lakes Board of Cooperative Educational Services submitting an application for the Local Government Efficiency Grant.
RESOLVED the Board enter Executive Session at 9:52 p.m. to discuss particular personnel matter.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board return to Open Session at 10:50 p.m.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
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JANUARY
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BE IT RESOLVED that the Chief of Police is authorized to hire David-Daniel Demchuk for the position of temporary part-time Police Officer, at a probationary rate of $12.00/hour. David Demchuk will be sponsored to a Phase II Police Academy to take place at the Finger Lakes Law Enforcement Academy in Ontario County, in March of 2009. Any and all related Phase II expenses to be paid by the recruit.
MOTION BY PAGANO, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
BE IT RESOLVED to hire Walt Simoni for temporary part-time Police Officer at a rate of $16.00/hour.
MOTION BY PAGANO, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
ABSTRACT NO. 1-2009
Claim Nos. 18680-18850 Expenditures in the amount of
$710,240.99
RESOLVED the bills be paid as audited.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
It was the consensus of the Board that the Town Employees could join the dental plan at their own expense.
Flaherty’s
on Route 31 has applied for the renewal of their liquor license.
MOTION BY HAMMOND, SECONDED BY MCEWEN THAT THE MEETING BE ADJOURNED AT 11:00 PM.
Judy W. Gravino, RMC
Macedon Town Clerk