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APRIL
9, 2013
WEB
SITE http://macedontown.net
The Special Joint Meeting of the Town Board of the
Town of
Pledge of Allegiance.
Upon Roll Call, the following members of the Board
were
Present:
Town
|
Councilperson |
Paul Kenyon |
|
Councilperson |
David Maul |
|
Councilperson |
David McEwen |
|
Councilperson |
Sandy Pagano |
|
Supervisor |
William Hammond |
Village
|
Mayor |
Marie Cramer |
|
Trustee |
Donald Lohse |
|
Trustee |
David Sliney |
|
Trustee |
David Kelly |
|
Trustee |
Bev Bassage |
Absent:
Also Present:
|
Town Clerk |
Judy Gravino |
|
Deputy Clerk Treasurer |
Kathy Reilly |
The
Special Joint Meeting between the Village of Macedon Board of Trustees and the
Macedon Town Board was called to order by Jim Forshay, Facilitator for the
meeting.
Opening
statement by Jim Forshay:
The
objective of this first of possibly many meetings between the two boards, is to
reconcile outstanding differences regarding the following subjects:
Fire Department
Sewer
Ambulance
In
addition, we would hope to establish a firm method of trust and communications
between boards.
This
is a special meeting between the boards not a public hearing, therefore, no
questions or comments will be taken from the public.
The
boards are asked to remember that we are all residents of Macedon.
To
start the Mayor or Supervisor will present their definition of the problem we
are discussing and then the other board leader will reply with their definition
of the same problem and we shall proceed from there.
We
will limit ourselves to one speaker at a time.
To
resolve issues let’s try and find a common ground on each subject, no matter
how small, and work from there.
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This
will likely be the first of several meetings if we are to accomplish our goals. Minutes will be kept and dispersed to each in
a timely fashion.
Summation from:
William Hammond and the
This
meeting is to try to resolve the long-term differences between the Town Board
and the Village Board over the reporting and financing of the Village owned
Fire Department as was requested by the town and village residents.
The
Town taxpayers pay approximately 70% of the annual costs to operate the Village
Fire Department based on assessed value.
The Town taxpayers also contribute 70% of the Capital Reserve for Fire Trucks; money that is set aside to accumulate
for future purchases without causing a major impact on taxpayers at the time
the purchase is made. This money is
to be kept in a capital reserve fund and accounted for independent of any other
funds.
This
fire protection district will
increase due to growth, which will increase the taxable assessed value placed
on this district probably more than any of our other fire protection or fire
districts in this Town due to its geographical location. Its residents will continue to pay an
increased percentage of the total annual costs for the Village Fire
Department. Currently there is a 70% Town and 30% Village investment in this
district. The town-outside village
taxpayers within this District have been provided annual fire protection
through an annual contract. The
As
representatives of the residents in the Macedon Fire Protection District, the
Town Board has a duty and responsibility to oversee the ad valorem (tax) money
collected to provide fire protection for the Town outside Village residents who
reside within this district. We have
three reasonable goals we would like to achieve and put our differences aside.
The
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the
state and federal governments as tax-exempt agencies. The Macedon Fire Department is just that, a
department of the
The
Macedon Fire Department does have its own tax identification number and reports
as well for those monies raised directly by them and are not reported through
the Village of Macedon such as any fundraisers (pancake breakfast $,
etc…). The monies raised through any
fundraiser events hosted by the Macedon Fire Department are their monies and
may be spent as the membership of the department sees fit. This discussion tonight only has to do with
outside Village taxpayer monies paid to the
Opening
Remarks from Mayor Cramer
Let’s
forget the past, it has been good the last 12 months and hope to leave on a
positive note.
Trustee
Sliney requested permission for the Fire Chief to be permitted to answer
questions that he could answer better relating to the fire department. It was the consensus to allow.
The
Facilitator read the proposals submitted by the Town Board to the Village
Trustees:
PROPOSED ALTERNATIVES FOR
DISCUSSION WITH VILLAGE
ALTERNATIVE 1
The
Town will pay the Village under the present structure less the equipment
reserve payment. Village will continue
solely responsible for payments on the aerial truck. All present equipment would be owned by the
Town and Village in proportion to the contributions made by each, which the
Macedon Fire Department would use. As to
future purchases, the Town will establish and contribute to a capital reserve
fund pursuant to General Municipal Law 6-c, ensuing the Town residents in the
Macedon Fire Protection District have the same rights to permissive referendum
as do Village residents. The Village will
be required to return the Town’s share of any unexpended reserve balance. Each year, the Village will provide run
sheets of actual expenditures so any surplus or deficit will result in a credit
or debit in the following year’s budget.
Pursuant to General Municipal Law 209-d, the Macedon Fire Department
would directly receive 35% of the contract amount to be used for fire purposes
only. The Town will also contract with
Macedon Center for service in the Macedon Fire Protection District to provide
coverage to those areas in the district they could reach sooner (i.e. western
locations), to be toned simultaneously with Macedon Fire Department without
need for mutual aid requests, and to maintain a presence in the district
sufficient to allow them to purchase and/or house future equipment purchase by
the Town. Town could buy village aerial
truck as its first equipment purchase by taking over outstanding payments.
ALTERNATIVE II
The
Village will take such steps as legally required to allow the Macedon Fire Department
to be independent from the Village. The
Town and Village will contract at the current budget less the equipment reserve
payment. The Village will transfer all
of its equipment and apparatus to the Macedon Fire Department. The Town will waive any interest in said
equipment. As permitted under General Municipal
Law 209-d, the Macedon Fire Department, as owner of the equipment and
apparatus, will receive 100% of the proceeds of the fire contracts to be used
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for
fire purposes only. Essentially, the
Town and Village’s role would be to negotiate and sign the contract with the
Macedon Fire Department.
ALTERNATE III
Town
and Village will retain Brad Pinsky to obtain special legislation which permits
the town and village to extend the town’s fire protection district into the
village. The village would then abolish
its fire department, which shall continue as a non profit independent fire
company. The town would then tax all
town residents and village residents who are in the fire protection
district. The town would be liable for
all costs and funding of the fire department, including VFBL (workers’
compensation/disability) and would bear all liability for the acts/omissions of
the fire company. The town would be the
municipality “in control of” the fire company and the village would no longer
have any responsibility or liability for fire protection. The Town would contract with both the
ALTERNATIVE IV
The
town and village form a “joint fire district” where all of the village and part
of the town bounded on the east by the Macedon-Palmyra line, north by the
canal, west by the west line of the village extended north to the canal and
south to the Town line, and south by the town line becomes part of a fire
district. This would create one tax rate
where all of the residents could run for commissioner and vote in all of the proceedings.
Area
west of the proposed north south extension of the present western village
boundary would be reformed as a new fire protection district or an extension of
the
The
Facilitator read the proposal submitted by the Village Board of Trustees to the
Town Board:
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INTERMUNICIPAL AGREEMENT
BETWEEN
THE TOWN OF
AND THE
REGARDING FIRE PROTECTION
THIS
AGREEMENT, made and executed in duplication this 14th day of March,
2013, by and between:
The
Town Board of the Town of Macedon, a municipal corporation with principal address at
The
Village Board of the Village of Macedon, a municipal corporation with principal address at
WITNESSETH;
WHEREAS,
there has been duly established in the said Town of Macedon a fire protection
District known as Macedon Fire Protection District embracing territory in said
Town of Macedon as more fully described in the resolution establishing such
district and duly adopted by the Town Board of the Town of Macedon on April 13,
1954; and
WHEREAS,
following a public hearing duly called on March 14, 2013, the Town duly
authorized a contract with the Village for fire protection to portions of said
fire protection district upon the terms and conditions set forth herein; and
WHEREAS,
this contract has also been duly authorized by the Village Board of the
NOW,
THEREFORE, the Town does engage the Village to furnish fire protection to
portions of said fire protection district bounded and described as follows:
ALL that part of the Town of
Macedon, County of Wayne and State of New York, bounded and described as
follows: Beginning at a point where the north line of the Barge Canal lands of
the State of New York intersects the west line of the Town of Macedon; thence easterly
along the northerly line of the Barge Canal to the point of where the northerly
line of said Barge Canal intersects the northerly line of the Village of
Macedon; thence westerly, southerly, easterly and northerly along the boundary
lines of said Village of Macedon to the north line of said Barge Canal; thence
easterly along the northerly line of said Barge Canal to the east line of
the Town of Macedon; thence south along
said east line of the Town of Macedon to the southeast corner of said Town of
Macedon; thence westerly along the south line of said Town of Macedon to a
point located 600 +- feet easterly from the centerline of Canandaigua Road;
thence northerly on a line 600 +- feet east of and parallel to the centerline
of Canandaigua Road to a point in the south line of Town Lot 18; thence
westerly along the south lines of Town Lot 18 and Town Lot 17 to a point
located 300 +- feet easterly from the centerline of Farmington Road; thence
northerly on a line 300 +- feet east of and parallel to the centerline of
Farmington Road to a point in the south boundary line of lands now or formerly
owned by David Martz; thence southwesterly along the south line of said lands
of Martz 300 +- feet to a point in the centerline of Farmington Road; thence
northerly along the centerline of Farmington
Road to its intersection with the centerline of Victor Road; thence northeasterly along the
centerline of Victor Road to the southeast corner of lands now or formerly
owned by Harry and Shirley Weigert; thence northwesterly along the south line
of said lands of Weigert to a point in the east line of Town Lot 16;
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thence southerly along the
east line of Town Lot 16 for a distance of 100 +- feet to a point in the south
boundary line of lands now or formerly owned by Carl and Alida Koch; thence
westerly along the southerly boundary line of said Koch and other lots of
record to a point in the common boundary line of Water District No. 6 and Water
District No. 4; thence northerly along said common boundary line of said Water
Districts to its intersection with the south line of the former right-of-way of
the Rochester & Syracuse Railroad Co.; thence westerly along the south line
of said former railroad right-of-way to the west line of the Town of Macedon;
thence northerly along the west line of the Town of Macedon to the point and
place beginning.
The general terms of the
contract are as follows:
2014: $95,000
2015: $97,500
2016: $100,000
2017: $103,000
2018: $106,500
The
Village Board asked for a clarification of the Town’s requests to update the
Village Fire Contract:
The
Facilitator, Jim Forshay thanked both boards.
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Village
Board of Trustees will get back to the Town with their counter proposal and
Town will offer possible dates to meet again.
The meeting adjourned at
9:03 p.m.
_________________________________
Judy W. Gravino, RMC
Macedon Town Clerk