NO. 9                                                                                                  .           Page 1

R103

April 23, 2015

WEB SITE http://macedontown.net

 

The Regular Meeting of the Town Board of the Town of Macedon held April 23, 2015 at the Town Complex, 32 Main Street, in the Town of Macedon and via web at 16246 Citrus Parkway, Clermont, FL 34714 was called to order by Supervisor William HHammond 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

Sandy Pagano

Supervisor

William Hammond

 

Absent:   

 

 

 

 

 

Also Present:

Ambulance Director

Paul Harkness

Attorney

Anthony Villani

Attorney

David Fulvio

Highway Superintendent

Richard Roets

Police Chief

John Colella

Town Engineer

Scott Allen

Town Clerk

Karrie Bowers

 

RESOLUTION NO. 103 (2015) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of April 9, 2015 as presented. (Regular Meeting)

MOTION BY PAGANO, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,

HAMMOND AYE MOTION CARRIED

 

REPORTS:       Building & Zoning 2015 Quarterly Report

                        Town Clerk March Report        

 

RESOLUTION NO. 104 (2015) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY PAGANO, SECONDED BY MAUL

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,     

HAMMOND AYE MOTION CARRIED

 

Correspondence –

*Dr. Ike – Palmyra Macedon Central School District regarding consolidation of facilities.  The meeting to present their finding  will be at the regular meeting of the Palmyra-Macedon Central School District Board of Education to be held at 7:00pm, Tuesday, June 2, 2015 at the High School Performing Arts Center.

 

*Ginna will be testing its public notification system between 9:45am-10:00am on Wednesday, May 6, 2015.

 

*The Town of Macedon received a 2015 KAB/Waste Management Think Green Grant in the amount of $10,000.  This grant will be used for improvements at Bullis Park.

 

RESOLUTION NO. 105 (2015) WAYNE COUNTY PLANNING BOARD LIAISON RESIGNATION – SCHUTH

RESOLVED the Town Board accepts the resignation of Michael Schuth as Wayne County Planning Board Liaison for the Town of Macedon effective April 23, 2015

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

 

 

 

 

RESOLUTION NO. 106 (2015) TOWN BOARD AUTHORIZES TOWN CLERK TO ADVERTISE FOR WAYNE COUNTY PLANNING BOARD LIAISON

RESOLVED that the Town Clerk advertise to fill vacancy for the Wayne County Planning Board Liaison.  Interested candidates should submit a completed application and resume to the Town Clerk by May 20, 2015.

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 107 (2015) POLICE OFFICER - GOODFRIEND

BE IT RESOLVED that Part-Time Police Officer Brigette Goodfriend be appointed to the open position of Police Officer Full-Time from the current Wayne County Civil Service eligibility list. Officer Goodfriend will be a Grade 1 rate of pay per the current contract

MOTION BY MAUL, SECONDED BY PAGANO

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 108 (2015) LIBRARY – BULLIS ROOM – KISTLER CONTRACT

RESOLVED the Board approves the Kistler quote dated April 2, 2015 for a planned maintenance agreement for the Bullis Room and authorizes the Supervisor to sign said quote.

MOTION BY PAGANO, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,   

HAMMOND AYE MOTION CARRIED

 

7:35 – Paul Bishop – Village Consultant from CGR will be evaluating fiscal impact of dissolution

 

Resident William Murray of the One Macedon informed the Town Board that the dates for the Dissolution Informational Meetings have been changed to the following dates.  May 11, 2015 and June 1, 2015 at 6:30 pm being held at the Palmyra-Macedon Intermediate School.

 

RESOLUTION NO. 109 (2015) CONDEMNATION OF SEWER SYSTEM PUBLIC HEARING SET

WHEREAS, at its regular meeting on March 26, 2015, the Town Board unanimously passed Resolution 96 (2015) scheduling a public hearing on May 21, 2015 at 7:35 p.m., at the Macedon Town Hall, 32 Main Street, Macedon, New York 14502, to consider whether to condemn the sewer system located within the Village of Macedon in accordance with Article 2 of the Eminent Domain Procedure Law; and    

 

            WHEREAS, Section 202 of the Eminent Domain Procedure Law requires that the condemnor shall give notice to the public of the purpose, time and location of its hearing, setting forth the proposed location of the public project including any proposed alternate locations, at least ten (10) but no more than thirty (30) days prior to such public hearing by causing such notice to be published in at least five (5) successive issues of an official daily newspaper if there is one designated in the locality where the project will be situated and in at least five successive issues of a daily newspaper of general circulation in such locality or in the event that the only newspaper available in such locality is a weekly publication the above described notice shall be published in such newspaper in at least two successive issues; and

 

            WHEREAS, Section 202 of the Eminent Domain Procedure Law also requires that the condemnor shall serve at least ten (10) but no more than thirty (30) days prior to such public hearing, either by personal service or certified mail, return receipt requested, a notice of the purpose, time, date, and location of a public hearing to each assessment record billing owner or his or her attorney of record; and therefore

 

            BE IT RESOLVED, the Town Clerk is hereby directed to cause the following legal notice to be published in at least five (5) consecutive issues of the Daily Messenger, a newspaper of daily circulation in the Town, and two (2) consecutive issues of the Times of Wayne County, a weekly newspaper publication of general circulation in the Town:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LEGAL NOTICE

TOWN OF MACEDON

NOTICE OF PUBLIC HEARING

 

            PLEASE TAKE NOTICE that pursuant to Section 6057 of the Unconsolidated Law of the State of New York, Section 64 of the Town Law of the State of New York and Section 202 of the Eminent Domain Procedure Law of the State of New York, notice is hereby given that a public hearing will be held by the Town Board of the Town of Macedon on the 21st day of May, 2015 at 7:45 p.m. Eastern Daylight Time, at the Macedon Town Hall, 32 West Main Street, Macedon, New York, at which time and place the Town Board of the Town of Macedon, Wayne County, New York will consider whether to condemn the following real property presently owned, in part, by the Village of Macedon:

 

            A.  The structures, machines, apparatus, pipes, and equipment constituting the Wastewater Treatment Plant (hereinafter “Plant”) located at 135 Main Street, Village of Macedon, New York 14489, Property Identification Number 63111-05-100892, and depicted as “Waste Water Treatment Plant” on the “Sewer System Map” on file with the Town Clerk and available for public inspection during regular business hours, and any easements necessary to access, inspect, operate and maintain said plant or parts thereof; and

 

            B.  The pipes and manholes constituting the main sanitary sewer collection pipe that extends easterly from the western border of the Village of Macedon to the Plant, known and depicted as the “Ganargua Creek Interceptor Sewer” on the “Sewer System Map” on file with the Town Clerk and available for public inspection during regular business hours, and any easements necessary to access, inspect, operate and maintain said interceptor line or parts thereof; and

 

            C.  The mains, pipes, lines, and manholes receiving, transporting, and discharging sewage from the residential and industrial users of the Village of Macedon, and tributary to the Interceptor and/or the Plant, constituting the sanitary sewer collection system in the Village of Macedon, known as the “Village Sewer System” and depicted as “Village Sewer Main” and “Manholes”  on the “Sewer System Map” on file with the Town Clerk and available for public inspection during regular business hours, and any easements necessary to access, inspect, operate and maintain said sewer system or parts thereof.

 

            At the hearing, the Town Board and its representatives will explain the purpose of the proposed acquisition and address the merits of any potential alternative project locations, none of which are proposed at this time.  The purpose of this hearing is to inform the public and to review the public use to be served by the proposed public project and the impact on the environment and residents of the Town of Macedon.

 

            Members of the public shall have the opportunity to speak or submit statements or other documents concerning the proposed acquisition.  The issues, facts, and objections raised at the hearing will be considered by the Town Board before publication of its determination and findings pursuant to Section 204 of the New York Eminent Domain Procedure Law.   

 

            If the condemnee, the Village of Macedon, elects to subsequently challenge the condemnation of their property by judicial review, it may do so only on the basis of the issues, facts, and objections raised at this public hearing. No alternate locations are being considered as the property to be acquired is currently in place. The Town of Macedon has been unable to reach agreement with the Village of Macedon as to the acquisition of the property set forth above. It is anticipated that the Town of Macedon will continue the services provided by the property set forth above to current users of the system and that said property will not be taken for a purpose substantially different from that for which it is held by the Village of Macedon so that the acquisition shall not be subject to the provisions of Section 3 of the General Municipal Law of the State of New York.

 

            FURTHER RESOLVED, that a copy of the aforesaid Notice of Public Hearing and the “Sewer System Map” referred to therein shall be served on the Village of Macedon, either personally or by certified mail, return receipt requested..

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,

HAMMOND AYE MOTION CARRIED

 

ABSTRACT NO. 360 (2015) Bills for March                      Expenditures in the amount of

Claim Nos.        # 32679-32773                                       $96,848.18

 

 

 

 

 

 

 

 

 

RESOLUTION NO. 110 (2015) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY PAGANO

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 111 (2015) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 9:02 p.m. to discuss personnel.

MOTION BY KENYON, SECONDED BY PAGANO

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 112 (2015) OPEN SESSION

RESOLVED the Board returns to Open Session at 9:40 p.m.

MOTION BY PAGANO, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 113 (2015) SURPLUS EQUIPMENT

WHEREAS, at a regularly scheduled meeting of the Town Board of the Town of Macedon held at the Macedon Town Hall on June 26, 2014, the following resolution was introduced by Supervisor Hammond, seconded by Councilperson Pagano and unanimously approved:

 

RESOLVED the Chief of Police is authorized to declare six (6) Beretta Model 96FS and one (1) Beretta mini Cougar 40 caliber department owned pistols surplus and

 

BE IT FURTHER RESOLVED the Chief is authorized to trade the surplus pistols in with AmChar Wholesale for the purchase of three (3) new Smith & Wesson M&P FS 40 duty pistols.  The trade in value is $200 per Beretta and the purchase of the new M&P 40 are at $410 each, thus no impact on the fiscal 2014 Police budget.

 

AND the Chief of Police having advised the Town Board that, subsequent to declaring the pistols surplus, he sold the Beretta mini Cougar 40 caliber pistol to a different purchaser at the authorized price of $200,

 

AND it appearing from the above that there is no financial loss to the town, it is hereby

 

RESOLVED that the Town accepts and ratifies as sufficient consideration the $200 received in the sale of the Beretta mini Cougar 40 caliber pistol.

MOTION BY MAUL, SECONDED BY PAGANO

ROLL CALL VOTE: KENYON ABSTAINED, MAUL AYE, MCEWEN AYE, PAGANO AYE,

HAMMOND AYE MOTION CARRIED

 

Minutes reflect that the ultimate purchaser was a Town Board member and therefore the Town Board should consider a policy setting forth the procedures for which Town Board members or Town employees can submit bids on surplus equipment.

 

MOTION BY PAGANO, SECONDED BY MAUL THE MEETING BE ADJOURNED AT 10:10 PM.

 

 

_______________________________

Karrie M. Bowers

Macedon Town Clerk