NO. 12 PAGE
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APRIL
25, 2013
WEB
SITE http://macedontown.net
The Regular Meeting of the Town Board of the Town of
Pledge of Allegiance.
Upon Roll Call, the following members of the Board were
Present:
|
Councilperson |
Paul Kenyon |
|
Councilperson |
David Maul |
|
Councilperson |
David McEwen – via skype |
|
Councilperson |
Sandy Pagano |
|
Supervisor |
William Hammond |
Absent:
Also Present:
|
Attorney |
Anthony Villani |
|
Engineer |
Scott Allen |
|
Highway Superintendent |
Richard Roets |
|
Police Chief |
John Colella |
|
Town Clerk |
Judy Gravino |
Councilman McEwen was in
attendance via skype. Due to time
restraints his location was not advertised, therefore, his vote was not counted
when determining if motion carried. He
requested his vote be noted.
RESOLVED the Town Board approves the minutes of April 11, 2013 as
presented.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
The Supervisor presented the following reports:
Historian 3/1/2013-3/31/2013
Monthly Report
RESOLUTION NO. 109 (13) APPROVAL OF REPORTS
RESOLVED the reports be accepted as submitted.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 110 (13) - RESOLUTION NO. 97 (2013)
POLICE EQUIPMENT PURCHASE – KARBON ARMS MPID AMENDED
RESOLVED the Chief of Police
is authorized to order (2) Karbon Arms MPID units as per the attached
quotation, with (1) unit being assigned to the Court security detail, purchase
not to exceed $1,568.99 to be expensed from AF3120.200. (correcting #)
MOTION BY KENYON, SECONDED
BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
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RESOLUTION NO. 111 (13) - RESOLUTION NO. 98 (2013)
POLICE EQUIPMENT PURCHASE – GATOR AMENDED
BE IT RESOLVED that the Chief of Police is authorized to purchase a
Kimtek MedLite transport for use on the multi-departmental Gator Off-Road
vehicle. To be expensed in the amount of
$1,862.50 from AL3120.200 (1/2 of purchase), and the other half from a donation
to the Town of
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 112 (13) HIGHWAY TRUCK AWARD
WHEREAS the Macedon Town Board declared the 2010 Ford F-350 surplus
equipment on September 13, 2012 and authorized the Highway Superintendent to
advertise for sealed bids and
WHEREAS the vehicle was advertised in the Times on 3/24/13 & 3/31/13
and listed on the Town’s web site and
WHEREAS four (4) bids were received and subsequently opened on 4/22/2013
BE IT RESOLVED the bid be awarded to the highest bidder in the amount of
$28,000.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 113 (13) PERSONNEL – AMBULANCE – HIRE –
ELSBREE
RESOLVED the Town Board appoint Adam Elsbree as part-time ambulance
paramedic ALS at the rate of $17.69/hour effective April 20, 2013.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 114 (13) PERSONNEL – POLICE - HUSK
It is with regret that the Chief of Police is in receipt of a letter of
resignation from Part-Time Police Officer Adam Husk. Officer Husk has been hired Full-Time with
the Village of Palmyra Police Department.
BE IT RESOLVED that the Town Board accept the resignation of Officer Husk
and thank him for his several years of hard work and dedication to the Macedon
Residents and wish him well in his future endeavors.
MOTION BY PAGANO, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
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25, 2013
RESOLUTION NO. 115 (13) PURCHASE – POLICE – GYM
EQUIPMENT
BE IT RESOLVED that the Chief of Police is authorized to purchase a
Landice Pro treadmill to replace one that is not repairable. The cost is $3,100 which includes a total
lifetime warranty. Of the cost, $1,500 will be covered in a donation to the
Town of
MOTION BY PAGANO, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
ABSTRACT NO. 4C (2013)
Claim No. 28324 (Early Bill)(300) Expenditures
in the amount of
$800.00
Claim No. 28325 (Early Bill)(301) Expenditures
in the amount of
$2,226.42
Claim No. 28326 (Early Bill)(302) Expenditures
in the amount of
$32.38
RESOLUTION NO. 116 (13) APPROVAL OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN ABSTAIN,
PAGANO AYE,
Chief Colella presented the following officers with commendations:
Officer Earl Lergner IV
Flying T’s (Evidence Technician Training Award)
Letter of Commendation for his dedication to Traffic Safety resulting in
14 DWI related arrests, 402 traffic offenses issued and numerous criminal
investigations.
Officer Ed O’Konsky
Letter of Commendation with criminal investigations that resulted in 51
investigations with 105 criminal charges filed.
Officer David Demchuk
Letter of Commendation for assistance with the Sheriff’s Office on an
attempted escape and secured individual.
The Board thanked the Police Department for their dedication to the
citizens of the Town of
Supervisor
The Trails Committee, Supervisor Hammond and Councilperson Pagano toured
the Erie Canal Lock 60 and O’Neil Road Towpath Change Bridge #39 Abutments
Historic Sites with the Judges from Erie Canalway National Heritage
Corridor. The Trails Committee submitted
and was selected as a finalist for the Erie Canalway Heritage Award of
Excellence.
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On April 9, 2013 the Town of
Supervisor
An e-mail was received from Mayor Cramer on April 17, 2013 advising his
letter was received and the Village Board would discuss it at their next
Village Board meeting on April 24.
On April 16, 2013 Mayor Cramer filed a freedom of information request to
the Town of Macedon Records Access Officer, Judy Gravino, for extensive
documents related to all sewer maps serviced by the Village, attorney bills for
services incurred from 1993, revenue vs. expenditures for ambulance from 2008,
police from 2005 and highway from 2005 to present. It also requested all invoices for any work
on the
The Town has not heard from the Village on fire or sewer.
The Town submitted a foil request for sewer related information due to contract
terms and litigation. The clerk
acknowledged and information has not been received.
Bullis Park Rules were discussed.
The Board will address at the next meeting after incorporating
suggestions by Councilman Maul.
At the time of the Town of
Xerox submitted a quote to upgrade four (4) leased copiers which will
save the Town $140 per month. Copiers
would be changed in June 2013.
RESOLUTION NO. 117 (13) EQUIPMENT – XEROX
RESOLVED the Town Board authorizes the Supervisor to contract with Xerox
to update and reduce costs on the Town Hall and Library four (4) machines. Councilman Maul requested the information
stored be transferred as part of the contract.
MOTION BY PAGANO, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN ABSTAIN,
PAGANO AYE,
Both Town of
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MOTION - FIRE
PROTECTION SOUTH OF CANAL & WEST OF THE VILLAGE
WHEREAS it was determined at the joint Village/Town Meeting by Trustee
Kelly that a joint fire fighting facility be established at the west end of the
town and
WHEREAS the Village cannot own a facility outside of the Village and
WHEREAS it was suggested by Trustee Kelly that the joint facility be
between the
BE IT RESOLVED that for the 2014 calendar year, the Macedon Center Fire
Department be provided an expansion to their existing contractual service are
to include an area south of the canal, west of Canandaigua Road and
BE IT FURTHER RESOLVED that in recognition of this expansion of service
an amount of $70,000 be added to the annual contract for services and
BE IT FURTHER RESOLVED that the agreement with Macedon Center Fire
Department reflect a joint operation with the
MOTION BY PAGANO, SECONDED BY MAUL
Discussion followed: It is the
intent to execute Option 1, be proactive and to provide good coverage to the
Town in the future with facilities such as Waste Management, Lowes and Wal-Mart
on the west end. The residents in the
Macedon Fire District, town outside Village, have paid a lot of money through
their tax dollars and own nothing. Macedon Center Fire District owns their
building and equipment while the Village owns the building, equipment but not
the land. A town can not own a fire
department. As a proxy, the Macedon
Center Fire Department could.
Proposed at the Town/Village joint meeting, Alternative 1 requires the
Village taking steps to allow the Village Fire Department to partner with
Macedon Center Fire Department combined.
The Village needs to take the necessary steps to separate the Fire
Department to allow them joint ownership.
It was felt the Board needed to move ahead by authorizing what was
advertised. The Board discussed the need
of foam trucks versus aerial trucks.
With Waste Management having six (6) acre cells and royalties possibly
going from $1 million to $3 million, there will be a need for fire
equipment. The goal is to achieve
uniformed purchasing and property rights.
Supervisor
At this point Councilpersons Pagano and Maul withdrew their motion.
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RESOLUTION NO. 118 (13)
RESOLVED the Town Board approve the agreement with Macedon Center Volunteer
Firemen’s Association, Inc. for the period of January 1, 2014 through December
31, 2018.
MOTION BY KENYON, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
AGREEMENT
THIS AGREEMENT, made and executed in duplicate this __th day of ______________, 2013, between the TOWN BOARD OF THE TOWN OF MACEDON, Wayne County, New York (hereinafter referred to as “Board”), and the MACEDON CENTER VOLUNTEER FIREMEN’S ASSOCIATION, INC., a Not-For-Profit corporation duly organized pursuant to the Not-For-Profit Corporation Law of the State of New York, with its offices at the Macedon Center Fire Hall in the Town of Macedon, Wayne County, New York, (hereinafter referred to as “fire department”).
WHEREAS, there has been duly established in the said Town of Macedon a fire protection District known as Macedon Fire Protection District embracing territory in said Town of Macedon as more fully described in the resolution establishing such district and duly adopted by the Town Board of the Town of Macedon on April 13, 1954; and
WHEREAS, following a public hearing duly held on March 14, 2013, the Board duly authorized a contract with the fire department for fire protection for portions of said fire protection district upon the terms and conditions set forth herein; and
WHEREAS, this contract has also been duly authorized by the fire department;
NOW, THEREFORE, the Board does engage the fire department to furnish fire protection and emergency rescue service to portions of said fire protection district bounded and described as follows:
ALL that part of the Town of Macedon, County of Wayne and State of New York, bounded and described as follows: Beginning at a point where the north line of the Barge Canal lands of the State of New York intersects the west line of the Town of Macedon; thence easterly along the northerly line of the Barge Canal to the point of where the northerly line of said Barge Canal intersects the northerly line of the Village of Macedon; thence westerly, southerly, easterly and northerly along the boundary lines of said Village of Macedon to the north line of said Barge Canal; thence easterly along the northerly line of said Barge Canal to the east line of the Town of Macedon; thence south along said east line of the Town of Macedon to the southeast corner of said Town of Macedon; thence westerly along the south line of said Town of Macedon to a point located 600 +- feet easterly from the centerline of Canandaigua Road; thence northerly on a line 600 +- feet east of and parallel to the centerline of Canandaigua Road to a point in the south line of Town Lot 18; thence westerly along the south lines of Town Lot 18 and Town Lot 17 to a point located 300 +- feet easterly from the centerline of Farmington Road; thence northerly on a line 300 +- feet east of and parallel to the centerline of Farmington Road to a point in the south boundary line of lands now or formerly owned by David Martz; thence southwesterly along the south line of said lands of Martz 300 +- feet to a point in the centerline of Farmington Road; thence northerly along the center-line of Farmington Road to its intersection with the centerline of Victor Road; thence northeasterly along the centerline of Victor Road to the southeast corner of lands now or formerly owned by Harry and Shirley Weigert; thence northwesterly along the south line of said lands of
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Weigert to a point in the east line of Town Lot 16; thence southerly along the east line of Town Lot 16 for a distance of 100 +- feet to a point in the south boundary line of lands now or formerly owned by Carl and Alida Koch; thence westerly along the southerly boundary line of said Koch and other lots of record to a point in the common boundary line of Water District No. 6 and Water District No. 4; thence northerly along said common boundary line of said Water Districts to its intersection with the south line of the former right-of-way of the Rochester & Syracuse Railroad Co.; thence westerly along the south line of said former railroad right-of-way to the west line of the Town of Macedon; thence northerly along the west line of the Town of Macedon to the point and place beginning.
And the fire department agrees to furnish said fire protection in the manner following, to wit:
1. The fire department shall at all times during the period of this agreement be subject to call for attendance at any fire occurring in the Macedon Fire Protection District, and when notified by telephone or otherwise by any person of a fire within the district, such department shall respond and attend upon the fire without delay, with appropriate apparatus, and upon arriving at the scene of the fire, the firemen of the fire department shall proceed diligently to the extinguishment of the fire, and the saving of the life and property in connection therewith. The fire department shall provide a monthly report to the Town containing, at a minimum, the number and type of calls received during the preceding monthly reporting period.
2. The fire department shall at all times while this agreement is in force and effect, furnish and provide sufficient apparatus and equipment and personnel to provide the fire protection required by this contract.
3. This agreement shall continue for a period five (5) years commencing January 1, 2014
and shall terminate on December 31, 2018, at midnight, unless further extended.
4. In consideration of furnishing aid and the use of its apparatus and equipment as aforesaid, the fire department shall receive the following sums for each calender year the contract is in force and effect:
2014: $95,000
2015: $98,000
2016: $101,000
2017: $104,000
2018: $107,000
The first annual payment is to be paid on or before the last day of January, 2014, and each subsequent annual payment to be paid on or before January 30 of each subsequent year through and including 2018.
5. Neither the Town of
6. The Town of Macedon shall pay any and all claims authorized by law for medical expenses, loss of wages, compensation, benefits or other claims arising by reason of the injury to or death of a fireman sustained while answering, attending upon or returning from any such call falling under this agreement, and in case the fire department shall be compelled or required to pay such claim, the Town of Macedon shall reimburse the fire department the amount paid within (30) days after making such payment.
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7. Nothing herein contained shall prevent the fire department from participating in any mutual aid plans now in effect or hereafter placed in effect in Wayne County, provided this does not interfere with or prevent the fire department from meeting its obligations under this contract, nor prevent the fire department or members thereof from taking part in any parade, exhibition or drill sponsored by or under the control of any duly authorized fireman’s association or department.
IN WITNESS WHEREOF, the parties have duly executed and delivered this agreement on the day and year first written above.
TOWN
BOARD OF THE TOWN OF
_________________________________________
Supervisor
_________________________________________
Councilperson
_________________________________________
Councilperson
_________________________________________
Attest: Councilperson
____________________________ ____________________________________
Macedon Town Clerk Councilperson
FIREMEN’S ASSOCIATION, INC.
_____________________________ ________________________________________
Chairman - Board of Directors President
Councilman Kenyon suggested a letter be drafted to the Mayor explaining
the Town will execute the agreement with
RESOLUTION
NO.
RESOLVED the Town Board
authorize Councilperson Pagano to purchase a sign for the
MOTION BY KENYON, SECONDED
BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
Town Clerk Judy Gravino informed the Board DEC will be transitioning to a
new automated licensing system vendor, Accela by January 1, 2014. Agents will need to turn in old equipment
because it will not support the new licensing system. Chief Colella is looking into equipment.
Historian June Hamell will be giving a presentation on May 14, 2014 at
the
RESOLUTION NO. 120 (13) EXECUTIVE SESSION
RESOLVED the Town Board enter Executive Session at 9:23 p.m. to discuss
litigation.
MOTION BY MAUL, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
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RESOLUTION NO. 121 (13) OPEN SESSION
RESOLVED the Town Board return to Open Session at 10:50 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
MOTION BY
___________________________
Judy W. Gravino, RMC
Macedon Town Clerk