November 9, 2017
WEB SITE http://macedontown.net
The Regular Board Meeting of
the Town Board of the Town of Macedon held November 9, 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 |
|
|
Councilperson |
David Maul |
|
Councilperson |
Bruce Babcock |
|
Supervisor |
Sandy Pagano |
Absent:
|
|
|
Also Present:
|
Attorney |
David Fulvio |
|
Chief of Police |
John Colella |
|
Director of EMS |
Paul Harkness |
|
Town Clerk |
Karrie Bowers |
|
Town Engineer |
Scott Allen |
|
|
|
RESOLUTION NO. 291 (2017) APPROVAL OF MINUTES
RESOLVED the Board approves
the minutes from the October 26, 2017 (regular meeting)
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO ABSTAIN, MOTION
CARRIED
RESOLUTIO NO. 292
(2017) YSG COMMUNITY SOLAR SPECIAL USE PERMIT APPROVED
WHEREAS the Town of Macedon
received an application from YSG Community Solar to construct a 2 MW ground
mounted solar array in a GC (General Commercial) District on North Wilson Road
in the Town of Macedon,
AND WHEREAS the Town Planning
Board reviewed and approved said application on November 6, 2017,
AND WHEREAS the Wayne County
Planning Board reviewed and approved said application on August 30, 2017
NOW THEREFORE BE IT RESOLVED
the Town Board approves YSG Community Solar’s application for a Special Use
Permit as per the application submitted dated July 12, 2017 including the
decommissioning plan.
MOTION BY BABCOCK, SECONDED
BY KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION
NO. 293 (2017) ABUNDANT SOLAR SPECIAL USE PERMIT APPROVED
WHEREAS the Town
of Macedon received an application from Abundant Solar to construct a
2 MW ground mounted solar array in a R-30 (Residential) District at 644 NYS
Route 31
AND WHEREAS the
Town Planning Board reviewed and approved said application on November 6, 2017,
AND WHEREAS the
Wayne County Planning Board reviewed and approved said application on August
30, 2017,
NOW THEREFORE BE
IT RESOLVED the Town Board approves Abundant Solar’s application for a Special
Use Permit as per the application submitted dated July 18, 2017 including the
decommissioning plan.
MOTION BY BABCOCK, SECONDED
BY KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLUTION NO. 294 (2017) PHILIP STEIGER POST #494
AMERICAN LEGION GAMES OF CHANCE – BELL JAR
RESOLVED the Board approves
the Games of Chance License for the Philip Steiger Post #494 American Legion to
conduct Bell Jar for the period of January 1, 2018 – December 31, 2018.
MOTION BY BABCOCK, SECONDED
BY KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLUTION NO. 295 (2017) NOTICE OF
RESOLUTION - SUBJECT TO PERMISSIVE REFERENDUM
Notice
is hereby given that at a duly scheduled meeting of the Town Board of the Town
of Macedon, Wayne County, New York, duly held at the Macedon Town Hall, located
at 32 West Main Street, Macedon, New York, on the 9th day of November, 2017 at 7:30
P.M., the Town Board of the Town of Macedon, duly adopted the following
resolution, which is subject to a permissive referendum pursuant to Town Law '64(2)
RESOLUTION
NO, 296 (2017) RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM
BE
IT RESOLVED, the Town Supervisor is hereby authorized to execute the Utility
Easement agreement with JNA, LLC, a copy of which is on file with the Town
Clerk and available for public inspection during regular business hours, which
provides that the Town shall grant a utility easement over and across the
portion of certain real property known as Commons Parkway and Land of the Town
of Macedon in the Town of Macedon, County of Wayne, State of New York, known as
Tax Parcel Number 62111-00-235931, to JNA, LLC, subject to the terms and
conditions set forth therein; and it is further
RESOLVED,
this resolution is adopted subject to a permissive referendum, pursuant to Town
Law 64(2), by the qualified voter; and it is further
RESOLVED,
that the Town Clerk shall publish and advertise this resolution as subject to
permissive referendum in the manner prescribed the New York State Law.
Dated: November 9, 2017
Karrie Bowers
Town Clerk
Town of Macedon, New York
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
7:45 PM PUBLIC HEARING – 2018
PRELIMINARY BUDGET PUBLIC HEARING
RESOLUTION NO. 297 (2017) READING OF
THE LEGAL NOTICE WAIVED
RESOLVED
the reading of the legal notice published in the November 5, 2017 issue of the
Times be waived.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
Public
hearing open for comment. Councilman Maul presented a presentation of
the budget. All persons having been
heard, the public hearing was closed.
RESOLVED the public hearing
be closed at 10:31 p.m.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLVED that the Town of
Macedon Budget for the year 2018 be adopted.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO
AYE, MOTION CARRIED
RESOLUTION NO, 300 (2017) NOTICE OF
RESOLUTION - SUBJECT TO PERMISSIVE REFERENDUM
Notice
is hereby given that at a duly scheduled meeting of the Town Board of the Town
of Macedon, Wayne County, New York, duly held at the Macedon Town Hall, located
at 32 West Main Street, Macedon, New York, on the 26th day of October, 2017 at 7:55
P.M., the Town Board of the Town of Macedon, duly adopted the following
resolution pursuant to Town Law '209-e, which is subject to a permissive referendum.
RESOLUTION NO. 301 (2017) RESOLUTION
ESTABLISHING HAMLET OF MACEDON WATER DISTRICT
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 administer and continue providing water
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 water system presently serving the residents located within
the proposed District, a copy of which has been filed with the Town Clerk and
made available for public inspection; and
WHEREAS, at its regular meeting on October 12, 2017, the Town Board
duly adopted an Order of Public Hearing, setting forth the maximum to expended
annually for operation and maintenance of the district and the anticipated cost
to the typical benefitted property therein, a copy of which was published in
the official Town newspaper and posted on the Town sign board; and
WHEREAS, this Town Board did meet and hold a public hearing
on October 26, 2017 at 7:55 p.m. at the Macedon Town Hall, as provided in said
order to consider the creation of the Hamlet of Macedon Water District, which
shall include all parcels of land currently within the incorporated limits of
the Village of Macedon; and
NOW,
THEREFORE, upon all the evidence given at such public hearing and due
deliberation having been had,
BE
IT RESOLVED, that pursuant to Article 12-A of the Town Law of the State of New
York, it is hereby determined that it is in the public interest to create the
water district proposed in the order of public hearing, and there hereby is
established a water district within the Town of Wayne County, New York, to be
known as the “Hamlet of Macedon Water District” and located within the area
formerly comprising the Village of Macedon; and
BE
IT FURTHER RESOLVED, the Town Board hereby finds and determines that the Order
of Public Hearing was duly adopted by the Town Board on October 12, 2017, was
published and posted as required by law, and is otherwise sufficient; and
BE
IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the
property and property owners within the proposed district are benefited
thereby; and
BE IT
FURTHER RESOLVED, the Town Board hereby finds and determines that all the
property and property owners benefited are included within the limits of the
proposed district; and
BE
IT FURTHER RESOLVED, this resolution is adopted subject to a permissive referendum,
pursuant to Town Law '206-e, by the qualified voters of the District to be
formed; and
BE
IT FURTHER RESOLVED, the Town Clerk shall publish and advertise this resolution
as subject to permissive referendum in the manner prescribed the New York State
Law; and
BE
IT FURTHER RESOLVED, if no such petition for permissive referendum is filed
with the Town Clerk within the period prescribed by law, the Town Clerk shall
file a certificate stating such fact in the office of the County Clerk.
BY ORDER OF THE TOWN BOARD
TOWN
OF MACEDON
Karrie
Bowers, Town Clerk
Dated:
MOTION BY PAGANO, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 302 (2017) NOTICE OF
RESOLUTION - SUBJECT TO PERMISSIVE REFERENDUM
Notice
is hereby given that at a duly scheduled meeting of the Town Board of the Town
of Macedon, Wayne County, New York, duly held at the Macedon Town Hall, located
at 32 West Main Street, Macedon, New York, on the 26th day of October, 2017 at
8:41 P.M., the Town Board of the Town of Macedon, duly adopted the following
resolution pursuant to Town Law '209-e, which is subject to a permissive referendum.
RESOLUTION NO. 303 (2017) RESOLUTION
ESTABLISHING HAMLET OF MACEDON SANITARY SEWER DISTRICT
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 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, a copy of which has
been filed with the Town Clerk and made available for public inspection; and
WHEREAS, at its regular meeting on October 12, 2017, the Town Board
duly adopted an Order of Public Hearing, setting forth the maximum to expended
annually for operation and maintenance of the district and the anticipated cost
to the typical benefitted property therein, a copy of which was published in
the official Town newspaper and posted on the Town sign board; and
WHEREAS, this Town Board did meet and hold a public hearing
on October 26, 2017 at 8:41 p.m. at the Macedon Town Hall, as provided in said
order to consider the creation of the Hamlet of Macedon Sanitary Sewer
District, which shall include all parcels of land currently within the
incorporated limits of the Village of Macedon; and
NOW,
THEREFORE, upon all the evidence given at such public hearing and due
deliberation having been had,
BE
IT RESOLVED, that pursuant to Article 12-A of the Town Law of the State of New
York, it is hereby determined that it is in the public interest to create the
sanitary sewer district proposed in the order of public hearing, and there
hereby is established a sanitary sewer district within the Town of Wayne
County, New York, to be known as the “Hamlet of Macedon Sanitary Sewer
District” and located within the area formerly comprising the Village of
Macedon; and
BE
IT FURTHER RESOLVED, the Town Board hereby finds and determines that the Order
of Public Hearing was duly adopted by the Town Board on October 12, 2017, was
published and posted as required by law, and is otherwise sufficient; and
BE
IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the
property and property owners within the proposed district are benefited
thereby; and
BE
IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the
property and property owners benefited are included within the limits of the
proposed district; and
BE
IT FURTHER RESOLVED, this resolution is adopted subject to a permissive
referendum, pursuant to Town Law '206-e, by the qualified voters of the District to be
formed; and
BE
IT FURTHER RESOLVED, the Town Clerk shall publish and advertise this resolution
as subject to permissive referendum in the manner prescribed the New York State
Law; and
BE
IT FURTHER RESOLVED, if no such petition for permissive referendum is filed
with the Town Clerk within the period prescribed by law, the Town Clerk shall
file a certificate stating such fact in the office of the County Clerk.
BY ORDER OF THE TOWN BOARD
TOWN
OF MACEDON
Karrie
Bowers, Town Clerk
Dated:
MOTION BY MCEWEN, SECONDED BY
MAUL
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
ABSTRACT NO. November (A) 2017 Regular
Bills
20176921-20177038 $470,539.08
RESOLUTIO NO. 304 (2017) PAYMENT OF CLAIMS
RESOLVED the bills be paid as
audited.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTIO NO. 305 (2017) EXECUTIVE SESSION
RESOLVED the Board enter
Executive Session at 11:02pm to discuss litigation.
MOTION BY PAGANO, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
MOTION BY KENYON, SECONDED BY
PAGANO THE MEETING BE ADJOURNED AT 11:27PM.
Karrie
M. Bowers
__________________________
Karrie M. Bowers
Macedon Town Clerk