October 12, 2017

WEB SITE http://macedontown.net

 

The Regular Board Meeting of the Town Board of the Town of Macedon held October 12, 2017 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

David McEwen

Councilperson

Paul Kenyon

Councilperson

David Maul

Councilperson

Bruce Babcock

Supervisor

Sandy Pagano

 

Absent:   

 

 

 

Also Present:

Attorney

David Fulvio

Chief of Police

John Colella

Town Clerk

Karrie Bowers

 

 

 

RESOLUTION NO. 264 (2017) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes from the September 28, 2017 (regular meeting)

MOTION BY MAUL, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

 

Reports:

September Town Clerk Report

Police Report

 

RESOLUTION NO. 265 (2017) APPROVAL OF REPORT

RESOLVED the Board approves the following report as submitted.

MOTION BY MAUL, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

 

RESOLUTION NO. 266 (2017) FARMINGTON FIRE ASSOC. FIRE PROTECTION SERVICE FOR 2018 PUBLIC HEARING SET

RESOLVED that a public hearing be set for October 26, 2017 at 7:45 pm prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed fire protection agreement between the Farmington Volunteer Fireman’s Association and the Town of Macedon for fire protection services for the year 2018.  The Town Board authorizes the Town Clerk to publish public hearing with the terms of the agreement.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

 

RESOLUTION NO. 267 (2017) HAMLET OF MACEDON WATER DISTRICT PUBLIC HEARING SET

WHEREAS, on March 15, 2016, the voters of the Village of Macedon elected to approve the Village’s plan for Dissolution, which required the Village to dissolve on or before April 1, 2017; and

 

WHEREAS, the Town Board desires to establish a water district, known as the “Hamlet of Macedon Water District” (hereinafter the “District”), to continue administering and providing water service to the residents located within the area formerly comprising the Village of Macedon; and

 

WHEREAS, the Town Board has obtained a map and plan prepared by a competent engineer, duly licensed by the State of New York, depicting the proposed District, a copy of which is on file and available for review at the Town Clerk’s Office during regular business hours; and

 

WHEREAS, no additional improvements are anticipated for the creation of the District; and

 

WHEREAS, the Town Board anticipates that the maximum amount to be expended annually for water service shall be $469,265.20 resulting in an annual charge of $542.50 per single family home or equivalent dwelling unit, which includes debt service and cost of water, to be assessed to each such unit in the proposed District, calculated as follows:

 

Water Use                     $302.50 (Based on average annual use of 50,000 gal/year per                                                                  unit at $4.25 per 1,000 gallons and $90 per year base                                                                  charges)

 

Capital Charge              $240.00

                                    $542.50

 

And

 

WHEREAS, there is no estimated cost to connect to the water system because the water system predates the creation of the District and no additional connections are anticipated within the proposed boundaries; and

 

WHEREAS, no additional improvements or expenditures for the establishment of the District are proposed at this time; and

 

Now on motion of Council person MAUL, seconded by Councilperson KENYON, all members present voting therefor, it is hereby

 

ORDERED, that the Town Board of the Town of Macedon will hold a public hearing on October 26, 2017 at 7:55 p.m. at the Macedon Town Hall, to consider the establishment of the Hamlet of Macedon Water District, as described above and set forth on the map and plan filed with the Town Clerk, at which time and place all persons interested in the subject thereof may be heard concerning the same, and it is further

 

ORDERED, that the Town Clerk is hereby authorized and directed to publish a copy of this order in the official town Newspaper and cause a copy of the same to be posted on the signboard of the Town in the time and manner required by law.

BY ORDER OF THE TOWN BOARD

TOWN OF MACEDON

Karrie Bowers, Town Clerk

Dated:  October 12, 2017

 

RESOLUTION NO. 268 (2017) HAMLET OF MACEDON SANITARY SEWER DISTRICT PUBLIC HEARING SET

WHEREAS, on March 15, 2016, the Voters of the Village of Macedon elected to approve the Village’s Plan for Dissolution, which required the Village to dissolve on or before April 2, 2017; and

 

WHEREAS, the Town Board desires to establish a sanitary sewer district, known as the “Hamlet of Macedon Sanitary Sewer District” (hereinafter the “District”), to administer and continue providing sanitary sewer services to the residents located within the area formerly comprising the Village of Macedon; and

 

WHEREAS, the Town Board has obtained a map and plan prepared by a competent engineer, duly licensed by the State of New York, depicting the sewer system and Wastewater Treatment Plant presently serving the residents located within the proposed District; and

 

WHEREAS, the aforesaid map and plan is on file and available for review at the Town Clerk’s Office during regular business hours; and

 

WHEREAS, the Town Board anticipates that the maximum amount to be expended annually for sanitary sewer services shall be $432,000; and

 

WHEREAS, the cost for the district shall be $500 per equivalent dwelling unit, $240 of which shall be applied to capital improvements and $260 of which shall be applied to operation and maintenance expenses; and

 

WHEREAS, the sanitary sewer system and wastewater treatment plant predate the creation of the District and no additional connections are anticipated within the proposed boundaries, so there ar no estimated hook-up fees; and

 

WHEREAS, no additional improvements or expenditures for the establishment of the District are proposed at this time; and

 

Now on motion of Councilperson KENYON, seconded by Councilperson MCEWEN, all members present voting therefor, it is hereby

 

ORDERED, that the Town Board of the Town of Macedon will hold a public hearing on October 26, 2017 at 8:00p.m. at the Macedon Town Hall, to consider the establishment of the Hamlet of Macedon Sanitary Sewer District, as described above and set forth on the map and plan filed with the Town Clerk, at which time and place all persons interested in the subject thereof may be heard concerning the same, and it is further

 

ORDERED, that the Town Clerk is hereby authorized and directed to publish a copy of the this order in the official Town newspaper and cause a copy of the same to be posted on the signboard of the Town in the time and manner required by law.

 

BY ORDER OF THE TOWN BOARD

TOWN OF MACEDON

Karrie Bowers, Town Clerk

Dated:  October 12, 2017

 

RESOLUTION NO. 269 (2017) RESIGNATION-KLEIN

RESOLVED the board accepts the resignation from Norman Klein, part time police officer effective October 11, 2017

MOTION BY MAUL, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

 

RESOLUTION NO. 270 (2017) 2017/2018 AMENDMENT B-STATE SNOW & ICE CONTRACT

RESOLVED the Macedon Town board approves the Amended State Snow & Ice Agreement for the 2017/2018 season and authorizes the Supervisor to sign said agreement

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

 

7:40 PUBLIC HEARING-LOCAL LAW 4 (2017) LOCAL LAW TO OPT OUT OF NEW YORK STATE REAL PROPERTY TAX LAW §487 TAX EXEMPTION FOR CERTAIN SOLAR OR WIND ENERGY SYSTEMS

 

RESOLUTION NO. 271 (2017) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the town board waives reading of the legal notice published in the October 01, 2017 issue of the Times.

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

 

All persons desiring to be heard, hearing been heard, the public hearing will stay open until the October 26, 2017 Town Board meeting.

 

LOCAL LAW NO. 4 TO OPT OUT OF NEW YORK STATE REAL PROPERTY TAX LAW §487 TAX EXEMPTION FOR CERTAIN SOLAR OR WIND ENERGY

SYSTEMS OR FARM WASTE ENERGY SYSTEMS

 

Be it enacted by the Town Board of the Town of Macedon as follows:

 

Section 1.

Real Property Tax Law §487 provides a real property tax exemption for certain solar or wind energy systems or farm waste energy systems, defined therein as follows:

 

“Solar or wind energy system” means an arrangement or combination of solar or wind energy equipment designed to provide heating, cooling, hot water, or mechanical, chemical, or electrical energy by the collection of solar or wind energy and its conversion, storage, protection and distribution.

 

“Solar or wind energy equipment” means collectors, controls, energy storage devices, heat pumps and pumps, heat exchangers, windmills, and other materials, hardware or equipment necessary to the process by which solar radiation or wind is (i) collected, (ii) converted into another form of energy such as thermal, electrical, mechanical or chemical, (iii) stored, (iv) protected from unnecessary dissipation and (v) distributed. It does not include pipes, controls, insulation or other equipment which are part of the normal heating, cooling, or insulation system of a building. It does include insulated glazing or insulation to the extent that such materials exceed the energy efficiency standards required by law.

 

“Farm waste energy system” means an arrangement or combination of farm waste electric generating equipment or other materials, hardware or equipment necessary to the process by which agricultural waste biogas is produced, collected, stored, cleaned, and converted into forms of energy such as thermal, electrical, mechanical or chemical and by which the biogas and converted energy are distributed on-site. It does not include pipes, controls, insulation or other equipment which are part of the normal heating, cooling or insulation system of a building.

 

“Farm waste electric generating equipment” means equipment that generates electric energy from biogas produced by the anaerobic digestion of agricultural waste, such as livestock manure, farming waste and food processing wastes with a rated capacity of not more than one thousand kilowatts that is (i) manufactured, installed and operated in accordance with applicable government and industry standards, (ii) connected to the electric system and operated in conjunction with an electric corporation’s transmission and distribution facilities, (iii) operated in compliance with the provisions of section sixty-six-j of the public service law, (iv) fueled at a minimum of ninety percent on an annual basis by biogas produced from the anaerobic digestion of agricultural waste such as livestock manure materials, crop residues and food processing wastes, and (v) fueled by biogas generated by anaerobic digestion with at least fifty percent by weight of its feedstock being livestock manure materials on an annual basis.

 

Section 2.

No exemption under New York State Real Property Tax Law §487 shall be applicable within the Town of Macedon with respect to any solar or wind energy system or farm waste energy system which began construction subsequent to the effective date of such local law.

 

Section 3.

A copy of this local law shall be filed with the New York State Commissioner of Taxation and Finance and with the President of the New York State Energy Research and Development Authority, as required under New York State Real Property Tax Law §487(8)(a).

           

Section 4.

This local law shall go into effect immediately upon filing with the Secretary of State.

 

RESOLUTION NO. 272 (2017) WAYNE COUNTY SNOW & ICE 2018 AGREEMENT

RESOLVED THE Town Board authorizes the Supervisor to sign the Wayne County Snow & Ice Agreement.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

 

Roundtable:

 

v  Highway Superintendent Christopher Countryman stated that Leaf pickup will be Tuesday’s & Thursday’s.

v  Councilman Maul stated that the Town Board is working on the Budget

v  Police Chief John Colella would like to recognize the great work his department did in solving a three year investigation

 

RESOLUTION NO. 273 (2017) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:18pm to discuss contracts/litigation.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

 

BSTRACT NO.  October (A) 2017                                   Regular Bills

20176734-20176846                                                       $245,009.74

 

RESOLUTION NO. 274 (2017) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

 

MOTION BY KENYON, SECONDED BY MCEWEN THE MEETING BE ADJOURNED AT 9:45PM.

 

 

__________________________

Karrie M. Bowers

Macedon Town Clerk