June 9, 2016

WEB SITE http://macedontown.net

 

The Regular Meeting of the Town Board of the Town of Macedon held June 9, 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

Dave Mcewen

Councilperson

Dave Maul

Councilperson

Supervisor

Bruce Babcock

Sandy Pagano

 

 

Absent:

Councilperson                                                   Paul Kenyon  

                                                           

Also Present:

Attorney

Chief of Police

Director of EMS

Anthony Villani

John Colella

Paul Harkness

Highway Superintendent

Town Clerk

Town Engineer

Wayne County Water Sewer Authority

Christopher Countryman

Karrie Bowers

Scott Allen

Marty Aman

 

 

RESOLUTION NO. 118 (2016) APPROVAL OF MINTUES

RESOLVED the Board approves the minutes from the May 26, 2016 (Regular meeting)

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

Reports:

            May Town Clerk Report

 

RESOLUTION NO. 119 (2016) APPROVAL OF REPORT

RESOLVED the Board approves the report as submitted

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 120 (2016) ACCOUNT CLERK – SCOTT

BE IT RESOLVED that Kristen Scott has successfully demonstrated a proficiency in the duties assigned to her as Account Clerk and whereas Kristen Scott has served in the capacity a sufficient length of time to demonstrate her capabilities in the Civil Service title of Account Clerk, be appointed to a permanent position in this title for the Town of Macedon effective June 13, 2016.

MOTION BY MAUL, SECONDED BY BABCOCK

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

 

RESOLUTION NO. 121 (2016) WASTE MANAGEMENT OF NEW YORK, L.L.C

WHEREAS, Waste Management of New York, L.L.C., a Delaware Limited Liability Company, 425 Perinton Parkway, Fairport, New York 14450, which is currently a party to a Host Community Agreement, with the Town of Macedon, has offered to allocate up to 1200 cubic feet per minute of landfill gas produced by the solid waste disposal site operated and known as High Acres Landfill, and

 

WHEREAS, the Town of Macedon, has accepted the offer of Waste Management as to the excess landfill gas subject to the creation of an economically feasible plan to convert methane thus available to electricity, and

 

WHEREAS, the County of Monroe has experience in converting methane to electricity at the Mill Seat Landfill in the County of Monroe, and

 

WHEREAS, the County of Monroe, through its county manager and Director of Environmental Services has agreed to meet with a committee from the Town of Macedon to review Monroe County’s experience with methane conversion, and

 

WHEREAS, the Town of Macedon wishes to meet with the Monroe County and believes that it is in the best interest of the environment and the financial status of the Town to convert this methane which is currently being flared.

 

NOW, THEREFORE, be it resolved that William Hammond, Richard Roets, David McEwen and Paul Kenyon, by reason of their many years of experience dealing with Waste Management of New York, L.L.C., a Delaware limited liability company, 425 Perinton Parkway, Fairport, New York 14450 be and the same are hereby appointed as a committee to meet with representatives of the County of Monroe and are directed to report to the Macedon Town Board the advisability of the Town of Macedon considering methane conversion of the landfill gas allocated by Waste Management of New York, L.L.C., a Delaware limited liability company, 425 Perinton Parkway, Fairport, New York 14450 and to also formulate and give to the Town Board the committee’s recommendation as to the process and structure to effectuate such methane conversion.

MOTION BY MAUL, SECONDED BY BABCOCK

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

 

RESOLUTION NO. 122 (2016) STIPULATION FOR LITIGATION DISCONTINUANCE

WHEREAS, the Town of Macedon and Village of Macedon have been involved in litigation as set forth in the captions below:

 

STATE OF NEW YORK    

SUPREME COURT         COUNTY OF WAYNE

TOWN OF MACEDON, NEW YORK

 

Plaintiff

-vs-

Index No. 75192

 

VILLAGE OF MACEDON, NEW YORK                                                                                       

                                                                                                                               

                                                Defendant                

STATE OF NEW YORK    

SUPREME COURT         COUNTY OF WAYNE

 

TOWN OF MACEDON, NEW YORK                                                                                                                             

                                                                                                                                               

Plaintiff                                                                                                                                

-vs-                                                                                                                                        

Index No. 76106

 

VILLAGE OF MACEDON, NEW YORK                                                                                       

                                                                                                                               

                                                Defendant                

STATE OF NEW YORK    

SUPREME COURT         COUNTY OF WAYNE

 

TOWN OF MACEDON, NEW YORK                                                                                                                                                                                                                             

 

Plaintiff                                                                                                                                

-vs-

Index No. 76638

 

VILLAGE OF MACEDON, NEW YORK                                                                                                                                                                                                                       

                                                                                                                               

                                                Defendant                

 

                WHEREAS, all actions were consolidated under Index No: 75192 so that the pending actions are consolidated as follows:                               

 

STATE OF NEW YORK    

SUPREME COURT         COUNTY OF WAYNE

 

TOWN OF MACEDON, NEW YORK

 

Plaintiff                                                                                                                                

-vs-

Index No. 75192

 

VILLAGE OF MACEDON, NEW YORK                                                                                       

                                                                                                                               

                                                Defendant                

 

                WHEREAS, the Town and Village signed an Intermunicipal Agreement for Sewer Treatment (Agreement)  on July 22, 2015, and

 

                WHEREAS, such agreement contemplated termination of the pending actions upon the Village transferring to the Town proportional ownership of the sewer treatment plant and interceptor as defined in said Agreement and actual takeover of operations of the sewer treatment plant by the Wayne County Water Authority, and

 

                WHEREAS, the Village has delivered a deed to the Town conveying a proportional interest in the sewer treatment plant and interceptor, which has been filed in the office of the Wayne County Clerk on December 15, 2015, and

 

                WHEREAS, the Wayne County Water Authority has assumed responsibility and is in fact operating the sewer system as of June 1, 2016.

 

                NOW THEREFORE, be it resolved that the attorneys for the Town in the above litigation are authorized and directed to execute and file a stipulation of discontinuance in the form annexed hereto and forward to the attorneys of record for the Village of Macedon for filing.

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

STATE OF NEW YORK    

SUPREME COURT         COUNTY OF WAYNE

 

TOWN OF MACEDON, NEW YORK

 

Plaintiff                                                                                                                                

-vs-                                                                                                                                        

Index No. 75192

 

VILLAGE OF MACEDON, NEW YORK                                                                                       

                                                                                                                               

                                                Defendant                

 

                IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for all the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued, without costs to either party as against the other.  This stipulation may be filed without further notice with the Clerk of the Court.

 

Dated:

____________________________

Attorney for Defendant

 

 

 

 

                                                                                ______________________________

                                                                                Attorney for Plaintiff

 

 

RESOLUTION NO. 123 (2016) WAYNE COUNTY SNOW & ICE AGREEMENT

RESOLVED the Town Board authorizes the Supervisor to sign the Wayne County Snow & Ice Agreement in the form presented by attorneys.

MOTION BY MCEWEN, SECONDED BY MAUL

ROLL CALL VOTE:  MCEWEN AYE, MAUL AYE, KENYON ABSENT, BABCOCK AYE, PAGANO NAY, MOTION CARRIED

 

REQUEST FOR PROPOSAL

RESOLVED the Town Board received one proposal from J. O’Connell & Associates, Inc in the amount of $36,000.  The Town Board tabled discussion until the June 23, 2016 Town Board meeting.

 

RESOLUTION NO. 124 (2016) SEWER TREATMENT PLANT

RESOLVED the Town Board of the Town of Macedon approves the financing and the general construction preliminary that the Engineer study has outline pursuant per Article IV of the July 22, 2015 Intermunicipal Agreement for sewage treatment.

MOTION BY MAUL, SECONDED BY BABCOCK

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

 

 

RESOLUTION NO. 125 (2016) SEWER PLANT TRUCK

RESOLVED the Town Board authorizes the Supervisor to sign the registration title VIN #1FDUF5JY4FEA46963 over to the Wayne County Water Sewer Authority.  This truck was purchased entirely out of SS1. Therefore transferring it to WCWSA rather than purchasing a new truck will allow for lower initial sewer rates. 

MOTION BY BABCOCK, SECONDED BY MAUL

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

 

Roundtable:

John Colella & Paul Harkness would like to thank the Highway department for clean-up and landscaping of the Public Safety Building.

 

ABSTRACT NO. 391 June (A) 2016         Regular Bills

2016 #20160948-20161020                     $91,004.53

 

RESOLUTION NO. 126 (2016) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY MAUL, SECONDED BY BABCOCK

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

 

RESOLUTION NO. 127 (2016) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 9:03 p.m. to discuss personnel and litigation.

MOTION BY MCEWEN, SECONDED BY BABCOCK

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

 

Councilman Kenyon enters Executive Session at 10:05 p.m.

 

RESOLUTION NO 128 (2016) OPEN SESSION

RESOLVED the Board returns to Open Session at 11:05 p.m.

MOTION BY PAGANO, SECONDED BY KENYON

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

 

RESOLUTION NO. 129 (2015) CONTRIBUTION FOR TOWN OF MACEDON AMBULANCE

WHEREAS pursuant to the Village Board action on June 8, 2016 approving a donation from the Bullis ambulance money to the Town, the Town hereby resolves to accept the donation. 

MOTION BY MCEWEN, SECONDED BY KENYON

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

 

MOTION BY MAUL, SECONDED BY BABCOCK THE MEETING BE ADJOURNED AT 11:25 PM.

 

Karrie M. Bowers

___________________________

Karrie M. Bowers

Macedon Town Clerk