NO. 27 Page 1
November 23, 2015
WEB SITE http://macedontown.net
The Special Meeting of the
Town Board of the Town of
Pledge of Allegiance.
Upon Roll Call, the following
members of the Board were
Present:
|
Councilperson |
|
|
Councilperson |
David McEwen |
|
Councilperson |
Sandy Pagano |
|
Supervisor |
|
Absent:
|
Councilperson |
David Maul |
|
|
|
Also Present:
|
Town Clerk |
|
RESOLUTION
NO. 308 (2015) WWTP DEED TRANSFER SEQRA NEGATIVE
DECLARATION
WHEREAS, the Town of Macedon and Village of Macedon have agreed
to execute a deed transfer of land relative to the WWTP as part of a settlement
of a legal action regarding ownership of the WWTP,
AND WHEREAS, the property which contains the WWTP will be
subdivided from other lands owned by the Village of Macedon, and then upon
filing the new deed, the WWTP will be jointly owned by the Town and Village of
Macedon,
AND WHEREAS, Kocher Surveying, P.C. has prepared a map entitled
“Subdivision Map” dated October 13, 2015, which depicts the lot to be
transferred to joint Town/Village ownership,
AND WHEREAS, the proposed action is only an administrative action,
and would not involve any physical alteration, modification or construction to
the POTW system,
AND WHEREAS, the Town and
AND WHEREAS, the Town and Village of Macedon intend to contract
with the Wayne County Water and Sewer Authority to operate and maintain the
facility in the future because of their specific local expertise in the
operations of such facilities.
BE IT RESOLVED,
that the Town Board of the Town of
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 oversight and approvals by NYSDEC, including issuance of SPDES
permits.
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 has been prepared by the Applicant and Town Engineer
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.
A non-coordinated
Review for Unlisted actions involving a single agency has been performed.
9.
The Macedon Town
Board is the lead agent.
10. The Macedon Town Board hereby determines that the
proposed action is in general conformance with the adopted Master Plan, and
will not result in any significant adverse environmental impacts, a Negative
Declaration is declared, and the Town Board hereby directs the Town Clerk to
immediately file the determination in accordance with section 6 NYCRR 617.12.
11. In reaching this finding, the Town Board 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 (c) 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 short environmental
assessment form.
12. In determining significance, the Town Board 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;
(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 Board considered reasonably
related long-term, short-term, direct, indirect, and cumulative impacts,
including other simultaneous or subsequent actions, which were;
(a) Included in any long range plan of which the action
under consideration is a part;
(b) Likely to be undertaken as a result thereof, or
(c) Dependent thereon.
14. In addition, the Town Board considered the
significance of a likely consequence (i.e., whether it is material,
substantial, large or important) should be assessed in connection with:
(a) Its setting (e.g., urban or rural);
(b) Its probability of occurrence;
(c) Its duration;
(d) Its irreversibility;
(e) Its geographic scope;
(f)
Its magnitude;
and
(g) The number of people affected.
MOTION BY
ROLLCALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 309
(2015) SEWER TREATMENT PLANT DEED
BE IT RESOLVED, the Town
Supervisor is hereby authorized to execute the Sewer Treatment Plant deed and
additional forms necessary to record the deed, following their delivery by the
Village and subsequent approval of the Town Attorney.
MOTION BY MCEWEN, SECONDED BY
KENYON
ROLLCALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 310
(2015) RESOLUTION AND DECLARATION OF OFFICIAL INTENT
WHEREAS, the above Lessee is
a political subdivision of the state in which Lessee is located (the “State”)
and is duly organized and existing pursuant to the Constitution and laws of the
State.
WHEREAS, pursuant to
applicable law, the governing body of the Lessee (“Governing Body”) is
authorized to acquire, dispose of and encumber real and personal property,
including, without limitation, rights and interests in property, leases and
easements necessary to the functions or operations of the Lessee.
WHEREAS, THE Governing Body
hereby finds and determines the execution of one or more lease-purchase
agreements (“Equipment LeasesJ
in the principal amount not exceeding the amount stated above (“Principal
AmountJ for the purpose of acquiring the property generally
described below (“Property”) and to be described more specifically in the
Equipment Leases is appropriate and necessary to the functions and operations
of the Lessee.
Brief Description of Property: Two (2) 2014 Type III Citimedic
on a Chevy Chassis Vin: 1GB3G2CL1E1186731 and Vin: 1GB3G2CL8E1186810
WHEREAS, First
WHEREAS, the Lessee may pay
certain capital expenditures in connection with the property prior to its
receipt of proceeds of the Equipment Leases (“Lease Purchase Proceeds”) for
such expenditures and such expenditures are not expected to exceed the
Principal Amount.
NOW, THEREFORE, Be It
Resolved by the Governing Body of the Lessee:
Section 1. The Lessee
hereby determines that it has critically evaluated the financing alternative
available to it pursuant to 2 NYCRR Section 39.2 and that entering into the
Equipment Leases and financing the acquisition of the Property thereby is in
the best interests of the Lessee. Such
evaluation shall be available as a public record.
The specific reason for such
determination is that entering into such Equipment Leases results in a lower
overall cost to the Lessee. Execution of
the Equipment Leases will not cause the Lessee to be in violation of the limits
contained in paragraph c of subdivision 6 of Section 109-b of the General
Municipal Law.
Section 2. The Lessee is
hereby authorized to acquire and install the Property (the “Project”) and is
hereby authorized to finance the Project by entering into the Equipment
Leases. Any action taken by the Lessee
in connection therewith is hereby ratified and confirmed.
Section 3. Either one of
the Town Supervisor OR the __ (each an “Authorized Representative”) acting on
behalf of the Lessee is hereby authorized to negotiate, enter into, execute,
and deliver one or more Equipment Leases in substantially the form set forth in
the document presently before the Governing Body, which document is available
for public inspection at the office of the Lessee. Each Authorized Representative acting on
behalf of the Lessee is hereby authorized to negotiate, enter into, execute,
and deliver such other documents relating to the Equipment Lease (including,
but not limited to, escrow agreements) as the Authorized Representative deems
necessary and appropriate. All other
related contracts and agreements necessary and incidental to the Equipment
Leases are hereby authorized.
Section 4. By a written
instrument signed by any Authorized Representative, said Authorized
Representative may designate specifically identified officers or employees of
the Lessee to execute and deliver agreements and documents relating to the
Equipment Leases on behalf of the Lessee.
Section 5. The aggregate original
principal amount of the Equipment Leases shall not exceed the Principal Amount
and shall bear interest as set forth in the Equipment Leases and the Equipment
Leases shall contain such options to purchase by the Lessee as set forth
therein.
Section 6. The Lessee’s
obligations under the Equipment Leases shall be subject to annual appropriation
or renewal by the Governing Body as set forth in each Equipment Lease and
Lessee’s obligations under the Equipment Leases shall not constitute general
obligations of the Lessee or indebtedness under the Constitution or laws of the
State.
Section 7. It is hereby
determined that the purpose of the Project is an object or purpose described in
subdivision 32 of paragraph (a) of Section 11.00 of the Local Finance Law, and
that the period of probable usefulness of said purpose is (6) years.
Section 8. It is hereby
determined the term of the Equipment Leases authorized by this resolution will
not be in excess of (6) years.
Section 9. The
Governmental Body has determined that the Project is a Type II action that will
not have a significant effect on the environment and, therefore, no other
determination or procedures under the State Environmental Quality Review Act
(SEQRA”) is required.
Section 10. The Governing
Body of Lessee anticipates that the Lessee may pay certain capital expenditures
in connection with the Property prior to the receipt of the Lease Purchase
Proceeds for the Property. The Governing
Body of Lessee hereby declares the Lessee’s official intent to use the Lease
Purchase Proceeds to reimburse itself for Property expenditures. This section of the Resolution is adopted by
the Governing Body of Lessee for the purpose of establishing compliance with
the requirements of Section 1.150-2 of Treasury Regulations. This section of the Resolution does not bind
the Lessee to make any expenditure, incur any indebtedness, or proceed with the
purchase of the Property.
Section 11. BANK
QUALIFIED: LESSEE CERTIFIES THAT IT HAS
DESIGNATED THIS ELASE AS A QUALIFIED TAX-EXEMPT OBLIGATION IN ACCORDANCE WITH
SECTION 265(b)(3) OF THE CODE, THAT IT HAS NOT
DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT
OBLIGATIONS IN ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALENDER YEAR AND
THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF TAX-EXEMPT OBLIGATIONS
TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDER YEAR WILL NOT EXCEED
$10,000,000.
Section 12. The Authorized
Representative is further authorized to take such actions and execute such
documents as may be necessary to endure the continued status of the interest on
the Equipment Leases authorized by this resolution as excludable from gross
income for federal income tax purposes pursuant to Section 103 of the Code.
Section 13. This resolution
is not subject to any mandatory or permissive referendum pursuant to the Local
Finance Law or Sction109-b of General Municipal Law.
Section 14. This
Resolution shall take effect immediately upon its adoption and approval.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLLCALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 311 (2015) GUDABRI INC.
BE IT RESOLVED the approval
of Claim No. 34024 in the amount of $192,739.80 payable to Gudabri
Inc. charged to HA5132.293
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLLCALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 312 (2015) O’CONNELL ELECTRIC COMPANY.
BE IT RESOLVED the approval
of Claim No. 34031 in the amount of $74,961.65 payable to O’Connell Electric
Company charged to HA5132.296
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLLCALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 313
(2015) WENDEL COMPANY
BE IT RESOLVED the approval
of Claim No. 34041 in the amount of $47,856.48 payable to Wendel
Company charged to HA5132.245
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLLCALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE, PAGANO AYE,
MOTION BY
5:35 PM.
Karrie
M. Bowers
_________________
Karrie M. Bowers
Macedon Town Clerk