NO. 15 PAGE
1
September
9, 2010
WEB
SITE http://macedontown.net
A Regular Meeting of the Town
Board of the Town of Macedon held September 9, 2010 at the Town Offices, 32
Main Street in the Village of Macedon, was called to order by Deputy Supervisor
Paul Kenyon 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……….Cassandra Pagano
Absent: Supervisor…………...William Hammond
Also Present: Attorney……………….Anthony Villani
Highway Supt…………Richard Roets
Police Chief……………John Colella
Town Clerk...……….…Judy Gravino
Town Justice………….Ronald Reinstein
RESOLVED the Board approves the minutes of August 12, 2010 as presented.
MOTION BY MCEWEN, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSTAIN,
PAGANO AYE, HAMMOND ABSENT
REPORTS – The Deputy Supervisor presented the following:
Macedon Police Department – August 2010
Wayne County Sheriff’s Office – July 2010
RESOLVED the Board approves the reports as submitted.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND ABSENT
NYMIR voted to submit an application to the NYS Insurance Department for rate decreases to be effective January 1, 2011.
Excellus has submitted rate changes to the NYS Insurance Department for approval.
Palmyra-Macedon Public Library tax question and answer sheet explained the law regarding collecting public library taxes for the Macedon Public Library versus the inability to collect on behalf of the now Palmyra Community Library. The school district has no authority to collect tax on behalf of the Palmyra Community Library, so only $15,000 will be collected on behalf of the Macedon Public Library. It explained how the tax could be increased, decreased or eliminated.
RESOLVED the Town Board reappoints Kenon Jones to the Assessing Review Board effective October 1, 2010 with term to expire 9/30/2015.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND ABSENT
NO. 15 PAGE
2
September
9, 2010
RESOLVED that as provided in Section 37 of the Town Law of New York State the Town Board of the Town of Macedon does hereby appoint the following individuals to collect for the 2010-2011 school year:
Cathy Herzog as School Tax Collector for the portion of Wayne Central School District within the Town and be it further
RESOLVED that Lynne Green is appointed Tax Collector for the portion of the Palmyra-Maceodn Central School District within the Town and be it further
RESOLVED that Cindy M. Fiacco-Lozo is appointed School Tax Collector for the portion of Victor Central School District within the Town and be it further
RESOLVED that Tracey Blankenburg is appointed School Tax Collector for the portion of Gananda School District within the Town and be it further
RESOLVED that Margaret Revelle is appointed School Tax Collector for the portion of the Penfield School District within the Town.
MOTION BY MCEWEN, SECONDED BY MAUL
MOTION BY KENYON AYE, MAUL AYE, MCEWEN AYE
PAGANO AYE, HAMMOND ABSENT
RESOLUTION NO. 193 (10) TOWN COMPLEX LABOR MAINTENANCE AGREEMENT IMPERIAL DOOR
RESOLVED the Town Board approves the labor maintenance agreement with Imperial Door, term of contract 10/01/10-9/30/2011 at a cost of $300 for the Library and $300 for the Town Hall and authorize the Supervisor to sign said contract to be expensed from A1620.400.
MOTION BY MAUL, SECONDED BY MCEWEN
MOTION BY KENYON AYE, MAUL AYE, MCEWEN AYE
PAGANO AYE, HAMMOND ABSENT
RESOLVED the Macedon Town Board authorize the following budget adjustments:
A 0510 ESTIMATED REVENUES 7109.68
A 2001-2 SUMMER REC. FEES 7109.68
AF 0511 APPR. FED. DRUG $ FUND BAL. 5382.97
AL 0511 APPR. LOCAL DRUG $ F.B. 1750.99
A 0960 APPROPRIATIONS 1608.99
A 1990.400 CONTINGENT
1608.99
A 0960 APPROPRIATIONS 15852.63
A 1910.400 INSURANCE 1608.99
AF 3120.200 FEDERAL DRUG $ - EQUIP. 2072.97
AF 3120.400 FEDERAL DRUG $ - CONTRACTUAL 3310.00
AL 3120.200 LOCAL DRUG $ - EQUIP. 1750.99
A 7312.100 SUMMER REC. SALARY 2969.18
A 7313.100 FEE BASED PROGRAMS - SALARY 4050.50
A 7314.400 INDOOR SOCCER EXPENSES 90.00
TO RECORD BUDGET ADJUSTMENTS
THROUGH AUGUST 31, 2010 BASED ON PROGRAM REVENUES, EXPENSES WITHIN ACCOUNT
NUMBERS AND PRIOR FEES EARNED AS SHOWN THRU APPR. FUND BALANCES FOR GENERAL A.
DA 0960 APPROPRIATIONS 1220.79
DA 5130.200 MACHINERY & EQUIP. 1220.79
DA 0960 APPROPRIATIONS 1220.79
DA 9060.800 HEALTH INSURANCE 1220.79
NO. 15 PAGE
3
September
9, 2010
TO RECORD BUDGET ADJUSTMENTS
THROUGH AUGUST 31, 2010 BASED ON
EXPENSES WITHIN FUNDS HIGHWAY
GENERAL DA.
MOTION BY MCEWEN, SECONDED
BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,,
PAGANO AYE, HAMMOND ABSENT
RESOLVED the Town Board appoints the following:
Adult Recreation
November 1 – January 10 – 2 nights/week
Randy Johnson Men’s Basketball $15/session
Debbie McEwen Co-ed Soccer $15/session
Cheerleading
December – March 31
Emily Henning $700/season
Marcy Frey $700/season
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSTAIN,
PAGANO AYE, HAMMOND ABSENT
BE IT RESOLVED that the Chief of Police is authorized to purchase (1) Tele-Lite Nova-Lite portable lighting unit as per the attached quotation at a cost not to exceed $4,099, from Tele-Lite, Inc. Purchase to be expensed from AF3120.200 at no expense to the Macedon taxpayers.
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND ABSENT
BE IT RESOLVED that with the recommendation of the Chief of Police, Police Clerk Tyler Robinson be taken off probation and her rate of pay adjusted to $15.38 per hour, which was her hired rate of pay.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,,
PAGANO AYE, HAMMOND ABSENT
RESOLVED the Board authorizes the Supervisor to sign purchase agreement for a copier for the Court at a cost of $1,300 with monthly maintenance pricing of $40 minimum and
BE IT FURTHER RESOLVED that the Town Accountant is authorized to transfer $203.65 from A1110.4 to A1110.2. ($1,096.35 currently in .2 plus the transfer = $1,300)
MOTION BY PAGANO, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,,
PAGANO AYE, HAMMOND ABSENT
ABSTRACT NO. 9-10
Claim Nos. 22544-22715 Expenditures in the amount of
$218,194.01
RESOLVED the bills be paid as audited.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,,
PAGANO AYE, HAMMOND ABSENT
NO. 15 PAGE
4
September
9, 2010
WHEREAS,
the Town of Macedon has, subject to a permissive referendum agreed to
reconvey an easement conveyed to the Town of Macedon by deed dated March 28,
1991 and recorded in the office of the Wayne County Clerk on March 29, 1991 in
Liber 646 of Deeds, page 750, which easement allowed the Town of Macedon access
across the grantor=s
parcel of land for the purpose of construction and maintenance of a water line,
and
WHEREAS,
the Town of Macedon wishes to reconvey and release part of this easement to the
owners of the burdened parcel because said a barn owned by the owners
encroaches on part of the easement which has a negative effect on the owners
ability to convey and there is no anticipated need for the area upon which the
barn encroaches;
BE IT RESOLVED that the Town of Macedon, does hereby find and resolve
as follows:
1. The proposed action is subject to the State Environmental Quality Review Act.
2. The proposed action does not involve a Federal agency.
3. The proposed action involves other agencies, including NYSDOT.
4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Unlisted
5. As an Unlisted action, the Short Form EAF (environmental assessment form) has been prepared by the Applicant to determine the significance of the proposed action.
6. The proposed action is not located in a coastal area.
7. The proposed action is not located in an agricultural district.
8. An uncoordinated review for Unlisted actions involving more than one agency has been performed, subject to 617.6 (b)(4).
9. More than one agency is involved, and the Town of Macedon is the lead agent.
10. The Town of Macedon hereby determines that the proposed action will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and theTown hereby directs the Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.
11. In reaching this finding, the Town has:
(a) Considered the action as defined in
sections 6 NYCRR 617.2 (b) and 617.3 (g),
(b)
Reviewed
the EAF, the criteria contained in subdivision 6 NYCRR 617.7
and any other supporting information to identify the relevant
areas of environmental concern,
(c) Thoroughly analyzed
the identified relevant areas of environmental concern to determine if the
action may have a significant adverse impact on the environment; and,
(d) Set forth its
determination of significance in this resolution, in addition to the
corresponding long environmental assessment form.
12. In determining significance, the Town has determined whether the proposed Unlisted Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:
(a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;
(b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;
(c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);
(d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;
NO.
15 PAGE 5
September 9, 2010
(e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;
(f) A major change in the use of either the quantity or type of energy;
(g) The creation of a hazard to human health;
(h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;
(i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;
(j) The creation of material demand for other actions that would result in one or the above consequences;
(k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or
(l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.
13.
For
the purposes of determining whether an action may cause one of the consequences
listed above, the Town considered reasonably related long-term, short-term,
direct, indirect, and cumulative impacts, including other simultaneous or
subsequent actions, which were;
1.
Included
in any long range plan of which the action under consideration is a part;
2.
Likely
to be undertaken as a result thereof, or
3.
Dependent
thereon.
14.
In
addition, the Town considered the significance of a likely consequence (i.e.,
whether it is material, substantial, large or important) should be assessed in
connection with:
4.
Its
setting (e.g., urban or rural);
5.
Its
probability of occurrence;
6.
Its
duration;
7.
Its
irreversibility;
8.
Its
geographic scope;
9.
Its
magnitude; and
10.
The
number of people affected.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN
AYE,
PAGANO AYE, HAMMOND ABSENT
RESOLUTION NO. 201 (10) DOBBERTIN EASEMENT SUBJECT TO PERMISSIVE REFERENDUM
WHEREAS, the Town of Macedon acquired an easement conveyed to the Town of Macedon by easement dated March 28, 1991 and recorded in the office of the Wayne County Clerk on March 29, 1991 at Liber 646 of Deeds, page 750, which easement allowed the Town of Macedon access across the grantors parcel of land for the purpose of construction and maintenance of a water line, and
WHEREAS, the Town of Macedon wishes to reconvey and release part of this easement to the owners of the burdened parcel because said a barn owned by the owners encroaches on part of the easement which has a negative effect on the owner=s ability to convey and there is no anticipated need for the area upon which the barn encroaches; now therefore
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 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 a reconveyance of said easement and release thereof to the current owner of said burdened parcel represented to be Diane M. Dobbertin, with consideration being that the said Diane M. Dobbertin reimburse the Town of Macedon for all expenses associated with said transfer. The parcel to be conveyed is described in Exhibit A, annexed hereto.
NO. 15 PAGE
6
September
9, 2010
EXHIBIT A
Suggested Legal Description
For the Abandonment of A Portion of a Waterline Easement
To The Town of Macedon Per Liber 646 of Deeds, Page 750.
All that tract or parcel of land situate in the Town of Macedon, County of Wayne, State of New York more particularly described as follows:
Beginning at a point, said point being the southeast corner of Lot 2 of the Centreview Subdivision, Section 2 as filed in the Wayne County Clerks Office as Map No. 19,482, thence: South 88E47' 40" West and along the southerly lot line of said lot 2 for a distance of 30.00 feet to a point, thence: North 00E14' 20" West for a distance of 14.12 feet to a point, said point being 1 foot offset south from a metal barn and the True Point and Place of Beginning; thence:
1. North 00E14' 20" West for a distance of 32.01 feet to a point, said point being offset 1 foot north of a metal barn, thence:
2. North 89E10' 52" East and parallel to and 1 foot northerly of a metal barn for a distance of 8.38 feet to a point, thence:
3. South 00E54' 36" East and 1 foot offset easterly from the metal barn for a distance of 32.01 feet to a point, thence:
4. South 89E10' 52" West for a distance of 8.75 feet to the True Point and Place of Beginning.
Intending to describe a portion of a water line easement granted to the Town of Macedon per Liber 646 of Deeds, Page 750 being 1 foot off of and parallel to the face of a metal barn on Lot 2 of the Centreview Subdivision, Section 2.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND ABSENT
The Town Clerk updated the Board on the following:
1. Update on records management
2. Still waiting for a model local law regarding dogs from NYS Ag & Markets. The State will no longer be response for dog licensing. The Town will assume responsibility as of January 1, 2011.
3. Dr. Papenfuse, Maryland State Archivist will attend the 9/23 meeting to present the Town of Macedon Minutes from 1823-1851.
RESOLVED the Board enters Executive Session at 8:40 p.m. to discuss a particular personnel matter.
MOTION BY PAGANO, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND ABSENT
RESOLVED the Board returns to Open Session at 9:16 p.m.
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND ABSENT
NO. 15 PAGE
7
September
9, 2010
RESOLVED the Town Board authorizes the Town Clerk to advertise for the position of Clerk to the Town Clerk to begin 11/8.
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND ABSENT
MOTION BY KENYON, SECONDED BY PAGANO THE MEETING BE ADJOURNED AT 9:23 PM.
_________________________
Respectfully submitted by
Judy W. Gravino, RMC
Macedon Town Clerk