December 8, 2016
WEB SITE http://macedontown.net
The Regular Meeting of the
Town Board of the Town of Macedon held December 8, 2016 at the Town Complex, 32
Main Street, in the Town of Macedon was called to order by Supervisor Sandy
Pagano at 7:30 p.m.
Pledge of Allegiance.
Upon Roll Call, the following
members of the Board were
Present:
|
Councilperson Councilperson |
Dave McEwen Dave Maul |
|
Councilperson |
Paul Kenyon |
|
Councilperson |
Bruce Babcock |
|
Supervisor |
Sandy Pagano |
|
|
|
Absent:
|
|
|
Also Present:
|
Attorney Chief of Police Director of EMS |
David Fulvio John Colella Paul Harkness |
|
Highway Superintendent Town Clerk Town Engineer |
Christopher Countryman Karrie Bowers Scott Allen |
|
|
|
RESOLUTION NO, 280 (2016) APPROVAL OF MINUTES
RESOLVED the Board approves
the minutes from the November 17, 2016 (special meeting)
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
Reports:
November Town Clerk Report
November Police Report
RESOLUTION NO. 281 (2016) APPROVAL OF REPORTS
RESOLVED the Board approves
the reports as submitted.
MOTION BY PAGANO, SECONDED BY
KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 282 (2016) SPECIAL USE PERMIT RENEWALS
– 2017
RESOLVED the Board approves
the following Special Use Permits subject to any and all requirements deemed
necessary by the Town Engineer and shall expire December 31, 2017.
A. E. Y. Enterprises – 1607 Commons Parkway
A & P Auto Parts – 2384 Creek Road
AT&T – 2285 Walworth Road
Alpco – 846 Macedon Center Road (Route 31F)
CRH/Stillwater Nursery – 1095 Quaker Road
Cafalone, Brian – 1214 Victor Road
County Line Raceway – 311 Route 31
Crown Atlantic – 1820 Macedon Center Road
Graf, Mark – 2075 Macedon Center Road
JT’s Drive-In Car Shop – 688 Frey Road
Lakeview Health Services – 1950 Route 31
Macedon Landscaping – 1711 Wayneport Road
Morrison Excavating – 740 Quaker Road
Morrison, Roger – 2062 Magog Road
Pal-Mac Service Center (prev. Shiff’s) – 1910
Route 31
Prime Development – 1241 Route 31
Pulcini, Walter – 2461 Quaker Road
Ricci & Sons Auto Repair & Towing –
665 Route 31F
Rochester Aero Modeling Society – 2529
Macedon Center Road
SBA – 1382 Wilson Road
True North Tractor – 2168-2179 Canandaigua
Road
Twilight on the Erie – 1100 Marina Parkway
VanHout, Gerald – 1508 Alderman Road
Wayne County Chapter of NYSARC, Inc. – 927
Victor Road
MOTION BY MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 283 (2016) MINING PERMIT RENEWALS –
2017
RESOLVED the Board approves
the following Mining Permits subject to any and all requirements deemed
necessary by the Town Engineer and shall expire December 31, 2017.
AEY – Daansen Road
Eastern Sand & Gravel – Macedon Center
& Daansen Roads
Eastern Sand & Gravel – Walworth Road
McPherson, Donald – Route 350
Pulcini, Walter – Quaker Road
Smith, Gregory – Walworth Road
MOTION BY KENYON, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 284 (2016) SURPLUS BUILDING AND ZONING PLOTTER
WHEREAS, the Canon iPF610 plotter in
the building and zoning office is inoperable and no
longer of use to the Town of Macedon and has no value, be it
RESOLVED that the plotter is hereby
declared surplus and that the Supervisor is authorized and directed to dispose
of the unit.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 285
(2016) BUILDING AND ZONING PRINTER LEASE
RESOLVED
the Town Board authorizes the Supervisor to sign lease paperwork with Hewlett
Packard (HPE) Financial Services per the terms of the sales agreement dated
11/27/16, to lease a HP DesignJet T2530 36 inch Mulitfunction Printer for a
term of 5 years, with annual payments of $2,416.47, the first payment is to be
expensed from A8010.400 ($1,812.35) and B8010.400 ($604.12) in FY2017 as
budgeted.
MOTION BY KENYON, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION
NO. 286 (2016) SURVEY – COMMONS PARKWAY
BE IT RESOLVED
that the Supervisor is authorized to sign the proposal for Professional
Surveying services with Kocher Surveying related to Commons Parkway dated
November 22, 2016 for a lump sum fee of $3,000.00 to be expensed from A1440.405
in FY2017 as budgeted
MOTION BY MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION
NO. 287 (2016) SURPLUS – BUILDING AND ZONING VEHICLE
BE IT RESOLVED
that a 2009 Ford Crown Victoria vehicle, with VIN # 2FAHP71V39X134071, be
declared surplus and sold via sealed bid process.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION
NO. 288 (2016) MS4 ENGINEERING SERVICES – BME ASSOCIATES
BE IT RESOLVED
that the Supervisor is authorized to sign the Professional Services contract
dated 11/21/16 related to the 2017 MS4 Stormwater Program with BME Associates
for a not to exceed amount of $14,000.00 to be expensed from A8010.401
($10,500) and B8010.401 ($3,500.00) in FY2017.
MOTION BY MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 289 (2016) PURCHASE PARCEL – 1171 NYS
ROUTE 31
BE IT RESOLVED, the Town
Supervisor is hereby authorized to execute the purchase offer of $20,000 for
6.4 acres of vacant land located on the real property identified by Parcel
Identification Number 62111-00-262833
MOTION BY MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 290 (2016) PURCHASE
PARCEL – 2461 QUAKER ROAD
BE
IT RESOLVED, the Town Supervisor is hereby authorized to execute the purchase
offer of $8,000 for 2.1 acres of vacant land located on the real property
identified by Parcel Identification Number 63111-00-796899.
MOTION BY KENYON, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 291 (2016) POLICE OFFICER – RICHIE
BE IT RESOLVED that Brian M.
Richie be hired for the position of full-time Police Officer – lateral
transfer, at a pay rate to be determined by the Town Board relative to the
existing Police Contract effective January 2, 2917.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
7:45 PUBLIC HEARING TELECOM ACQUISITION LLC/BELL
ATLANTIC MOBILE LP (d/b/a Verizon Wireless)
This hearing is to take
public comment on the application of telecom Acquisition LLC/Bell Atlantic
Mobile LP (d/b/a Verizon Wireless) for Special Use Permit for a 170 foot
telecommunication tower at 0 Frey Road (Tax Parcel No. 61113-00-635068.
RESOLUTION NO. 292 (2016) WAIVE READING OF THE LEGAL
NOTICE
RESOLVED the Town Board
waives reading of the legal notice published in the November 8, 2016 issue of
the Times.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
All
persons desiring to be heard, resident Mr. Jacobs who lives on West Walworth
Road asked why the access road could not come off Frey Road? Karl Essler, Esq. stated that the owner of
the land was firm on the location that the access road will come out. Mr. Essler, Esq. stated that they had to
comply with the wishes of the land owner.
A resident on Frey Road asked what health risks will there be with the cell
tower. Mr. Essler stated that there will
be no health risks as they have to follow the Telecommunication Act 1994. Mr. Essler also stated that the tower will
not impede with broadcast TV. With all
persons being heard, the public hearing was closed.
RESOLUTION NO. 293 (2016) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be
closed at 8:23 p.m.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
MS4 Stormwater
Program discussion – BME Associates Kim Boyd and Mike Simon
RESOLUTION NO. 294 (2016) WAYNE COUNTY WATER &
SEWER AUTHORITY ADVISORY BOARD - HAMMOND
RESOLVED the Board appoints
William H. Hammond to the Wayne County Water & Sewer Authority Advisory
Board.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 295 (2016) ORGANIZATIONAL MEETING SET
RESOLVED the Town Board set
the Organizational Meeting on January 5, 2017 at 5 p.m.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 296 (2016) WAYNE COUNTY FIRE ADVISORY
BOARD REPRESENTIVE - SHUFELT
RESOLVED the Macedon Town
Board recommends that Jeremiah Shufelt be re-appointed as the Town of Macedon
representative on the Wayne County Fire Advisory Board, and the Town Clerk is
authorized to notify the Wayne County Fire Coordinator of this recommendation.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 297 (2016) WAYNE COUNTY EMS ADVISORY
BOARD REPRESENTIVE - HARKNESS
RESOLVED the Macedon Town
Board recommends that Paul Harkness be re-appointed as the Town of Macedon
representative on the Wayne County EMS Advisory Board, and the Town Clerk is
authorized to notify the Wayne County EMS Coordinator of this recommendation.
MOTION BY KENYON, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 298 (2016)
QUAKER ROAD LANDFILL MONITORING 2017 – CLOUGH HARBOUR
BE IT RESOLVED that the
Supervisor is authorized to sign the proposal for Professional Engineering
services with Clough Harbour Associates related to post-closure landfill
monitoring at the Quaker Road Landfill, dated December 1, 2016 for a not to
exceed fee of $8,800.00 to be expensed from A1440.401
in FY2017 as budgeted.
MOTION BY KENYON, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 299
(2016) GIS WEBSITE HOSTING AND MAINTENANCE 2017 – CLOUGH HARBOUR
BE IT RESOLVED that the
Supervisor is authorized to sign the proposal for Professional Engineering
services with Clough Harbour Associates related to the annual GIS Hosting and
Maintenance Agreement for the Town’s GIS database, dated November 18, 2016 for
a not to exceed fee of $4,000.00 to be expensed from A8010.402 ($3,000.00) and
B8010.402 ($1,000.00) in FY2017 as budgeted
MOTION BY MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION
NO. 300 (2016) VEHICLE LEASE
RESOLVED the Town
Board authorizes the Supervisor to sign lease and registration paperwork with
Van Bortel Chevrolet per the terms of the sales agreement dated 11/30/16, to
lease a 2017 Chevrolet Equinox for a term of 36 months, with one payment of
$10,079.68 to be expensed from the CEO Car Cash Reserve B 0232.
MOTION BY KENYON, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 301 (2016) RESIGNATION – SCOTT
RESOLVED the Board accepts
the resignation from Kristin Scott, Account Clerk for the Town of Macedon
effective December 9, 2016.
MOTION BY MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 302 (2016) PHILIP STEIGER POST #494
AMERICAN LEGION GAMES OF CHANCE – BELL JAR
RESOLVED THE Board approves the Games of Chance License for the Phillip Steiger Post #494 American Legion to conduct Bell Jar for the period of January 1, 2017 through December 31, 2017.
MOTION BY KENYON, SECONDED
BY
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
ABSTRACT NO. 403 December (A) 2016 Regular Bills
2016 # 20161869-20161999 $564,334.78
RESOLUTION NO. 303 (2016) PAYMENT OF CLAIMS
RESOLVED the bills be paid as
audited.
MOTION BY MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: MCEWEN ABSTAIN, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 304 (2016) EXECUTIVE SESSION
RESOLVED the Board enters
Executive Session at 10:33 p.m. to discuss personnel/contracts.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 305 DECLARING OUT OF EXECUTIVE
RESOLVED the Board returns to
Open Session at 11:26 p.m.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 306 (2016) WASTE
MANAGEMENT CLOSURE / RESTORATION AGREEMENT
WHEREAS,
Waste Management of New York, LLC (hereinafter “WMNY”) owns certain real
property which is located within the Town and which is adjacent to an existing
solid waste landfill and recycling center owned and operated by WMNY located in
the Town of Perinton, commonly known as High Acres Landfill and Recycling
Center of Facility; and
WHEREAS,
by application dated October 20, 2015 and subsequently updated on April 13,
2016, WMNY applied for a Grading/Fill Permit to move approximately 3.1 million
cubic yards of soil from the landfill cell construction areas bounded by
Perinton Parkway on the North, Wayneport Road on the East, the CSX Railroad on
the South and the Monroe/Wayne County line on the west, to the north side of
Quaker Road onto other lands owned by WMNY; and
WHEREAS,
the Wayne County Planning Board reviewed the application on October 28, 2015
and offered comments related thereto; and
WHEREAS,
the Town of Macedon Planning Board reviewed the Application on November 9, 2015
and May 2, 2016, and subsequently referred the application to the Highway
Superintendent and Town Board for review of impacts on Quaker Road; and
WHEREAS,
on June 17, 2016 WMNY supplemented their application with a traffic study,
archeological evaluation, and storm water management plan; and
WHEREAS,
the Macedon Town Board identified the action as a Type 1 Action under the State
Environmental Quality Review Act (SEQR), and declared its intent to act as lead
agency for the project on August 11, 2016; and
WHEREAS,
upon finding that any potential environmental concerns relative to such action
were duly mitigated by the closure of Quaker Road, the Town Board, by
resolution dated November 17, 2016, issued a negative declaration in accordance
with SEQR; and
WHEREAS,
by resolution dated November 21, 2016, the Town Planning Board approved WMNY’s
application for a grading/fill permit subject to the closure of Quaker Road;
and
BE
IT RESOLVED, the Town Board hereby accepts and approves the proposed Closure /
Restoration Agreement by and between the Town and WMNY and authorizes the Town
Supervisor to execute the same, subject to the Town Highway Superintendent’s
consent and compliance with Section 104 of the New York State Highway Law.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 307 (2016) WASTE MANAGEMENT
SPECIAL USE PERMIT
WHEREAS, Waste Management of New
York, LLC (hereinafter “WMNY”) owns certain real property which is located
within the Town (hereinafter “Site”) and which is adjacent to an existing solid
waste landfill and recycling center owned and operated by WMNY located in the
Town of Perinton, commonly known as High Acres Landfill and Recycling Center of
Facility (hereinafter “Facility”); and
WHEREAS, WMNY’s landfill operation
is subject to New York State Department of Environmental Conservation
permitting; and
WHEREAS, WMNY currently utilizes the
Site for the disposal of solid waste in accordance to the terms and conditions
of a Special Use Permit issued by the Town and a Benefits Agreement with the
Town co-terminus therewith, both of which expire on December 31, 2016; and
WHEREAS, Section 110-6b of the
Macedon Town Code permits said facility at the Site subject to a Special Use
Permit and Benefits Agreement co-terminus therewith, as provided in Section
135.182.2 of the Town Code; and
WHEREAS, under cover dated November
30, 2016, WMNY submitted a Special Use Permit Renewal Application and proposed
Amended and Restated Benefits Agreement to be co-terminus with the special use
permit, allowing for the continuation of existing solid waste management
operations; and
WHEREAS, as set forth in the letter
from the Town Engineer to the Town Board dated December 8, 2016, the Town
Engineer has reviewed the Special Use Permit Renewal Application and proposed
Amended and Restate Benefits Agreement and has concluded that the terms and
conditions therein contain are no material changes to those previously reviewed
in accordance with the State Environmental Quality Review Act (SEQR) before the
existing Special Use Permit and Benefits Agreement were authorized and,
therefore, renewal of the Special Use Permit and execution of the proposed
Amended and Restated Benefits Agreement are Type II actions requiring no
further action under SEQR; and
BE IT RESOLVED, based on the letter
of the Town Engineer, the Town Board hereby finds that this action is a Type II
action and no review is required as set forth under 6 NYCRR 617.3 and 617.5;
and
BE IT FURTHER RESOLVED, the Town
Board hereby accepts the proposed Amended and Restated Benefits Agreement and authorizes
the Supervisor to execute the same; and
BE
IT FURTHER RESOLVED, the Town Board hereby authorizes the renewal of WMNY’s
special use permit in accordance with the terms and conditions set forth in the
November 30, 2016 application for the same.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 308 (2016) RESCIND ADVERTISEMENT FOR TOWN
ACCOUNTANT
RESOLVED that the Supervisor
be authorized to advertise for the position of Town Accountant. The candidate must possess a BS degree in
Accounting, Business Administration, Economics or related field, including a
supplemented by 18 semester credit hours in accounting and one year of
satisfactory accounting or auditing experience,
Applicant must be eligible to take and complete or have completed
successfully the Wayne County Civil Service exam for Accountant. The Board
rescind the Town Accountant Resolution.
MOTION BY KENYON, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
MOTION BY KENYON, SECONDED BY
BABCOCK THE MEETING BE ADJOURNED AT 11:30 PM.
Karrie
M. Bowers
___________________________________
Karrie M. Bowers
Macedon Town Clerk