NO. 25 Page 1
October 10, 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 |
|
Councilperson |
Sandy Pagano |
|
Supervisor |
William Hammond |
Absent:
Also
Present:
|
Ambulance Director |
Paul Harkness |
|
Attorney |
David Fulvio |
|
Highway Superintendent |
Richard Roets |
|
Police Chief |
John Colella |
|
Town Clerk |
Judy Gravino |
RESOLUTION NO. 227 (2013) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of September 26, 2013 as presented.
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 228 (2013) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of October 3, 2013 as presented.
MOTION BY PAGANO, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
CORRESPONDENCE – The Supervisor presented the following:
Letter from
DOT acknowledging receipt of our request to establish a lower speed limit
Letter from
DOT acknowledging receipt of our request to establish a lower speed limit on
Humane Society at Lollypop Farm has been rated as satisfactory upon inspection by NYS Ag & Markets.
REPORTS Police September Agenda
Police September Report
Town Clerk’s September Monthly Reports
RESOLUTION NO. 229 (2013) APPROVAL OF REPORTS
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,
NO. 25 Page 2
October 10, 2013
RESOLUTION
NO. 230 (2013) APPROVAL
OF THE PRELIMINARY BUDGET
WHEREAS the Town Board held a budget workshop on October 3, 2013 to review the Supervisor’s budget and
WHEREAS the Town Board has reviewed the Supervisor’s Tentative Budget and made changes deemed necessary consistent with law,
THEREFORE, BE IT RESOLVED, the Town Board adopts the Preliminary Budget as amended.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Paul Harkness, Town of Macedon Ambulance Director requested permission to establish an Explorer Program for school students interested in learning about the medical field.
RESOLUTION
NO. 231 (2013) AMBULANCE EXPLORER
PROGRAM
RESOLVED the Supervisor is authorizes to write a letter approving the formation of an EMS Explorer Post.
MOTION BY KENYON, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION
NO. 232 (20130 BULLIS
PARK CLOSING
RESOLVED that Bullis Park Facilities will close for the season on October 30, 2013 and be it further
RESOLVED the remainder of the Park will close October 30, 2013.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION
NO. 233 (2013) SENIOR
CITIZEN GROUP APPOINTMENTS
RESOLVED the Board appoint the following Senior Citizen Group individuals for a term of 10/1/2013-9/30/2014:
|
President |
Sandy Ciaccia |
|
Vice-President |
Ernestine Rogers |
|
Treasurer |
Joscelyn Moody |
|
Secretary |
Eunice Buss |
|
Chaplain |
Karen Yatteau |
|
Historian |
Terri Loessberg |
|
Trip Director |
Nancy Jennings |
|
Sunshine |
Barbara Putnam |
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Councilman David McEwen received one (1) quote on repairs to the Community Room floor. Temporary repairs have been completed. He will obtain additional quotes as required by the procurement policy.
A member of the Village Pride Committee inquired about listing town businesses on the web site and linking the Town and Village sites. Councilman David Maul previously set up the web site to allow town businesses to list their own businesses. This has not been included on the new web site. Councilperson Sandy Pagano offered to assist Councilperson Maul to update listing of current businesses.
NO. 25 Page 3
October 10, 2013
7:45 PM – PUBLIC
HEARING – SOUTH MACEDON FIRE & RESCUE
The purpose of this public hearing is to consider whether the proposed volunteer fire company should be incorporated.
RESOLUTION
NO. 234 (2013)
RESOLVED the reading of the legal notice
published in the October 23, 2013 issue of the
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Town Attorney David Fulvio – Law mandates every certificate of incorporation of a fire corporation have the endorsement of the town in which the corporation proposes to act. The members of the town board shall not consent to the formation of a fire corporation until such board holds a public hearing on the question of whether the fire company should be incorporated. This is the first step to allow the proposed fire company to move forward with a business plan and budget.
Nine (9) Macedon residents signed in to speak at the public hearing.
Resident comments were as follows:
Jim Byron –
Macedon Fire Department staffing it versus creating a new entity
George Decker –
· districts should be redrawn
·
concerned about the distance from
· recommended municipalities retain a professional consultant and split cost
Marcy Frey (former Village Board Member) –
Village Trustee David Kelly –
Mary Barg –
Nelson Warner –
NO. 25 Page 4
October 10, 2013
Gil Magee (Village Fire Department) – Read a statement stating the town has
signed a five (5) year contract with Macedon Center Fire Department to cover
the same area the Village currently covers.
It is not renewing the one (1) year contract with Macedon Fire
Department. They are serving the
community from a central location on the south side of the canal. This will be the demise of the
Supervisor
Councilman Maul - The Town Board has no beef with the fire department at all. The beef is not with the firemen, it is all with the Village Board.
Village Trustee David Sliney – The town has taken over the police department, established a town ambulance and is suing the village over sewer plant ownership. Now the town wants to establish a new fire department. The town is trying to dissolve the Village.
Mayor Cramer – At the 4/25/13 public hearing the Town contracted with the Macedon Center Volunteer Fire Department for five (5) years to cover the territory already served by the Village for $95,000 per year. It will cost well over $1 million dollars to establish on the west side of town.
Supervisor
Renee Herman – Attended many meetings, researched many hours and attended public hearings. The Town has repeatedly requested a contract from the Village allowing 35% of the contract price to go directly to the firemen, ownership in the equipment and a break down of the Village budget. The Town has a right to ask for financial statements. They have a responsibility to their taxpayers. The town pays 70% of the cost and their taxpayers own nothing. It is difficult watching the town board bear all the blame. I did not hear the town saying they were not going to sign a contract with the Village. The Village decided the town was not going to sign. The town was approached by the Village’s own members. Then all of a sudden the Village said it was legal to give the firemen 35% and the town can hold the reserve. You are not getting the whole story from your representatives. You need to hold your representative accountable. I am tired of the town taking all the blame. There are two (2) sides.
Guillermo Demchuk (Village Fire Department) – Asked if there would be a presentation by the new association?
The members of the association explained a business plan could not be prepared until the Town Board agreed to the incorporation. They were here to see if they can be accepted as an association. This approval is the same as filing a DBA. You do not need to have a business plan to file.
Attorney David Fulvio - A public hearing will be held at a latter date to discuss a contract.
NO. 25 Page 5
October 10, 2013
Councilperson Paul Kenyon - This meeting is only to allow them to form a corporation.
Mayor Cramer – Asked if the Board was going to sign a contract with the Village?
Supervisor
All persons desiring to be heard, having been heard, the hearing was closed
RESOLUTION
NO. 235 (2013) PUBLIC
HEARING CLOSED
RESOLVED the meeting be closed at 8:30 p.m.
MOTION BY MCEWEN, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Councilman David Maul responded to the comments. The Town is not out to destroy the Village. We were approached by a group to offer a service to the Town. The Town’s theme has always been public safety. We are also disappointed the Boards can not get along. It is what it is. We have done our part to negotiate. We are in litigation on sewer and we have legal bills as well. The contract was very clear. We had 150 people in this room at another meeting that didn’t care how much it cost to have a station on the west side of town. They didn’t care what it takes to do it. We are doing what it takes.
If the taxes in the Village go up this has nothing to do with the impact. The Village is not in the taxing district.
Councilman Maul with normal budget negotiations fully intended to offer a contract. The Board did not foresee another option. With the other option it has changed our thinking. It is our duty to provide the best service. The Village Fire Department has not done anything wrong. It is not the group we have to sign a contract with. In 2006 the Village told us the trucks won’t roll. Our beef is not with the Volunteer Fire Department. We do not aim to dissolve the Village. It would be a headache for the Town if they did. We have no desire, no aim to destroy the Village. As to the Town’s continued efforts to draw members away, I challenge you to find one fireman this Board has approached.
RESOLUTION NO. 236 (2013) APPROVAL OF TOWN AUTHORITIES
TO INCORPORATION OF FIRE DEPARTMENT UNDER NEW YORK NOT FOR PROFIT CORPORATION
“SOUTH MACEDON FIRE & RESCUE”
WHEREAS,
the Town Board received a proposal for the formation of a volunteer fire
company known as “South Macedon Fire and Rescue” to be incorporated under
Sections 402 and 1402 of the
WHEREAS, South Macedon Fire and Rescue proposes to be headquartered within and to provide service to the Macedon 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
NO. 25 Page 6
October 10, 2013
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 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
WHEREAS, the names of the persons signing the South Macedon Fire and Rescue certificate of incorporation are James J. Phillips, Kira L. Allen, and Shellean R. Carr, and
WHEREAS, after notice was duly published as required by law, the Town Board held a public hearing on October 10, 2013 to determine whether the Town should approve the incorporation of South Macedon Fire and Rescue, whereby all persons interested in the same were given the opportunity to be heard, and
WHEREAS, the formation and incorporation of South Macedon Fire and Rescue will enhance the public safety of the residents located within the Macedon Fire Protection District,
BE IT RESOLVED, the Town of Macedon hereby approves the formation and incorporation of South Macedon Fire and Rescue within the Macedon Fire Protection District and consents that the certificate of incorporation be filed as provided by law, and
BE IT FURTHER RESOLVED, pursuant to New York Not-for-Profit Corporation Law §404(f), the Town Board shall cause the South Macedon Fire and Rescue certificate of incorporation to have endorsed thereon or annexed thereto the following approval, signed and acknowledged, by the members of the Town Board approving said incorporation:
NO. 25 Page 7
October 10, 2013
We, William Hammond, Paul Kenyon, David Maul, David McEwen, and Sandra Pagano, being all of the Town Board of the Town of Macedon, County of Wayne, State of New York, do hereby approve the foregoing certificate of incorporation of South Macedon Fire and Rescue and consent that the same be filed as provided by law, a public hearing having been duly held on the question of incorporation of said South Macedon Fire and Rescue in accordance with the provisions of New York Not-for-Profit Corporation Law § 404(f).
MOTION BY KENYON, SECONDED BY MCEWEN
Councilman Kenyon - More is better as we have heard the residents say.
Supervisor
Councilman Kenyon – The south part of town is paying for fire protection and that district can begin to develop ownership.
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 237 (2013) EXECUTIVE SESSION
RESOLVED the Board enter Executive Session at 8:45 p.m. to discuss a particular personnel matter.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 238 (2013) OPEN SESSION
RESOLVED the Board return to Open Session at 9:50 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
A lengthy discussion followed on how to proceed with the scheduled public hearings for fire. It was the consensus of the Board to rescind the public hearing on the Village fire scheduled for October 24, 2013.
RESOLUTION NO. 239 (2013)
RESOLVED the Town Board rescinds
Resolution No. 194 (2013)
MOTION BY MCEWEN, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
|
ABSTRACT NO. 10-1 Early Bill |
|
|
(317) Claim No. 29200 |
Expenditures in the amount of |
|
Direct Energy |
$2,466.83 |
|
|
|
|
ABSTRACT NO. 10 Regular Bills |
|
|
(318) Claim Nos. 29201-29350 |
Expenditures in the amount of |
|
|
$235,284.46 |
RESOLUTION NO. 240 (2013) PAYMENT OF CLAIMS
RESOLVED the bill be paid as audited.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
NO. 25 Page 8
October 10, 2013
MOTION BY KENYON, SECONDED BY MCEWEN THAT THE MEETING BE ADJOURNED AT 10:15 PM.
________________________________
Judy W. Gravino, RMC
Macedon Town Clerk
REMINDERS
Preliminary Budget PH November 7, 2013 8:00 p.m.