NO. 23                                                                                                                         Page 1

November 14, 2013

 

The Regular Meeting of the Town Board of the Town of Macedon held November 14, 2013 at the Town Complex, 32 Main Street, in the Town of Macedon was called to order by Supervisor William H. Hammond at 7:30 p.m.

 

Pledge of Allegiance.

 

Upon Roll Call, the following members of the Board were:

 

Present:

Councilperson

Paul Kenyon

Councilperson

David Maul

Councilperson

David McEwen

Councilperson

Sandy Pagano

Supervisor

William Hammond

 

Absent:   

 

Also Present:

Accountant

Kim Leonard

Attorney

Anthony Villani

Attorney

David Fulvio

Police Chief

John Colella

Town Clerk

Judy Gravino

 

Zachary Tessier presented his Eagle Project to restore the Town of Macedon Canal Trail signs.

 

RESOLUTION NO. 281 (2013) TESSIER EAGLE PROJECT APPROVED

RESOLVED the Eagle Scout candidate Zachary Tessier is authorized to engage in an Eagle Scout Project in conjunction with the Trails Committee per presentation dated November 14, 2013.

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE, MOTION CARRIED

 

7:35 PM 2014 BUDGET PUBLIC HEARING CONTINUED

The 2014 Budget Public Hearing continued at 7:35 p.m. from November 7, 2013.

 

Councilman David Maul reviewed the budget presentation provided at the November 7, 2013 meeting.

 

Presentation highlights for fire special districts:

  • Any one person is a member of one tax paying district.
  • Since the Town was incorporated, any surpluses go into the bank for fund balance.  Any year we can appropriate that to moderate the tax rates.  There is guidance from the State Comptroller as to the amount of fund balance you should have.
  • Influences in the budget – This year for the first time since Councilman Maul has been on the board the overall assessment of the Town decreased about 1%.  The two (2) contributors to the decrease; (1) a large real estate was vacant a long time and was reassessed and (2) a judicial ruling down state disallowed taxation of underground utilities on private lands.
  • Fire districts are SF1 and SF2 – people inside the Village pay the Village taxes for fire and do not pay the Town.    
  • Outside the Village fire comparison – In 2014 both fire departments (Macedon Center and South Macedon) will receive an extra stipend of $20,000 to participate in service calls.  Macedon Center Fire Department will participate south of the canal as well as cover their district north of the canal. South Macedon Fire & Rescue will participate north of the canal as well as south of the canal.  These districts do not include the Village Fire District. 
  • The goal is to have both departments participate throughout the whole town so everybody enjoys maximum fire protection.
  • The south side of the canal covers the area formerly covered by the Village and includes the southwest corner covered by the Farmington Fire District.
  • Again, the goal is to maximize fire protection for everybody.  We don’t want to worry who is available or who has a volunteer.  We want everybody to respond whenever there is a call for service in the Town.

 

Overall taxpayers outside the Village in 2013 paid $3.24/thousand. In 2014 they will pay $3.30/thousand resulting in a 1.8% increase.  Taxpayers inside the Village paid $2.75/thousand in 2013 and in 2014 will pay $2.80/thousand.  This is an increase of 1.7%.  The Village residents also pay Village taxes to the Village.

 

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November 14, 2013

 

Special Districts – SF1 (Fire north of the canal excluding the area inside the Village) paid a tax rate of $.67/thousand in 2013 and will pay $.77/thousand in 2014.  This is an increase of 15%.  SF2 (Fire south of the canal excluding the area inside the Village) paid a tax rate of $.49/thousand and will pay $.92/thousand in 2014.  This is an increase of 88%. 

 

A resident was concerned if Farmington will still answer calls and the response was yes with mutual aid and automatically.

 

Councilman Maul – The plan for Macedon Center and South Macedon Fire & Rescue is to dual tone both departments simultaneously.  That is how we are hoping everybody will enjoy better fire protection.  We won’t be toning one out and waiting to tone out for mutual aid.  They will respond simultaneously.

 

Councilman Kenyon – This also includes automobile accidents.  The police and ambulance are also working collaboratively in this arrangement to provide an unprecedented level of service and coverage.  They will cross train.  These companies will work together in conjunction with the ambulance and police to provide the service people require.  It’s critical and that is the position we have taken all along.  It’s expensive to get started but once established, operational and functioning it will become more evident over time as the south district begins to have equity in that department.  Year after year after year when we contracted with the Village for police and fire there was no deficit and no surplus ever.  We always hope there is an excess each year to put into surplus to help replace equipment and doesn’t impact taxes all in one year for a purchase.  It is spread over several years.  This will begin happening with South Macedon Fire & Rescue and they will own their own equipment.  Eventually they will have a fire hall with the equity.  As it is now, the Macedon Volunteer Fire Department does not own anything.  It all belongs to the Village.  That’s an arrangement that is okay until something happens to the Village.  I’m not suggesting there is anything going to happen to the Village and certainly hope nothing happens to the Village.  If it did, the equipment there becomes part of the Village property and could be used to liquidate to offset expenses the Village might have at that time.  It seems this is the right thing to do and the better way to do it.

 

Councilman Maul – It is an 88% increase.  It’s also a big percentage of a relatively small number.  If you have a $150,000 house in 2013 you pay $75 and in 2014 you will pay $130.  An 88% increase for what you are getting, for the value of the dollar, it doesn’t sound as bad.  It’s still 88%.  I think last week people thought their taxes were going to go up 88%.  That is not happening.

 

Councilman Kenyon – It should be a positive effect on homeowners insurance because of the fire ISO rating with the combination of equipment between the two companies.

 

A resident asked what the Town of Macedon’s ISO rating was.

 

Attorney Villani – Each department has their own rating.  We believe they are all 5’s.  The big decrease in the rate comes around 3 or 4. 

 

Councilman Maul – The goal of this new department is to try to get to a 4.

 

Resident – Any complaints currently about fire?

 

Councilman Kenyon – The issue has been the relationship between the Town and Village Boards.  We simply believed that we were funding 70% of what the fire budget was and felt we should have some input into how that was managed and how money was spent.  That was the disagreement.  This way provides us a department that will develop its own identity and have equity in the equipment and provide the service.  These are not new guys.  A large percentage of volunteers that are joining South Macedon Fire & Rescue are trained firefighters.  This was the right thing to do. It shows courage on their part to take the step to form an independent company like all the other companies we contract with such as Walworth, Macedon Center and Farmington.

 

Resident – With the new company will you own the equipment?

 

Councilman Kenyon – They will own their own equipment.  Right now the Village owns all the equipment for the Village Volunteer Fire Department.  The south district has no value in it.  If something should happen to the Village they would be out.  This district would have to look for a new vendor.

 

 

 

 

 

 

 

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November 14, 2013

 

Councilman Maul – We should say the fire district will own the equipment, not the Town.  The Town doesn’t own Macedon Center’s equipment.  It didn’t own the Village’s and it won’t own the equipment of the new department either.  It isn’t the Town that has equity, it’s the district.  The taxpayers bought those trucks and own those trucks.  That wasn’t the case in the past.  70% of the money collected for the Village district didn’t come from the Village.  The new company has signed a five (5) year contract with a small 2% increase for each year.  That is all the Town is legally obligated to give them.

 

Attorney Villani – They still have the right to do their fundraisers.

 

Resident – Asked about PILOTs

 

Supervisor Hammond – PILOTs are controlled by the County IDA.  The Town has no say over PILOTs.

 

All persons desiring to be heard, having been heard, the public hearing was closed.

 

RESOLUTION NO. 282 (2013) PUBLIC HEARING CLOSED

RESOLVED the public hearing be closed at 8:13 p.m.

MOTION BY MAUL, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 283 (2013) 2014 BUDGET ADOPTED

RESOLVED that the Town of Macedon Budget for the year 2014 be adopted per the attached changes from the Preliminary Budget.

MOTION BY PAGANO, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

Supervisor thanked Councilman Maul, Kim Leonard and the rest of the Board for their help on the budget.

 

RESOLUTION NO. 284 (2013) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of October 24, 2013 as presented.

(Regular Meeting)

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 285 (2013) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of October 29, 2013 as presented

(Emergency Meeting)

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

CORRESPONDENCE – The Supervisor presented the following:

A letter was received regarding BOCES rebidding electric.

 

REPORTS –                            

Town Clerk October Monthly Reports

Police Monthly Report & Agenda

 

RESOLUTION NO. 287 (2013) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY PAGANO, SECONDED BY MAUL

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 288 (2013) TIM HORTONS SPECIAL USE PERMIT REFERRAL

RESOLVED the Town Board refers the Tim Hortons Special Use Permit to construct and operate a restaurant in a GC (General Commercial District) to the Town and County Planning Boards for their review.

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

 

 

 

 

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November 14, 2013

 

RESOLUTION NO. 289 (2013) TIM HORTONS SPECIAL USE PERMIT PUBLIC HEARING

RESOLVED the Town Board schedules a public hearing on December 12, 2013 at 7:35 p.m. to hear public comment on Tim Hortons Special Use Permit application to construct and operate a restaurant in a GC (General Commercial District).

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 290 (2013) COUNTY SNOW & ICE CONTRACT

RESOLVED the Town Supervisor is authorized to sign the County Snow and Ice Contract subject to Town Attorney approval.

MOTION BY MCEWEN, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 291 (2013) PHILLIP 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, 2014 through December 31, 2014.

MOTION BY KENYON, SECONDED BY MAUL

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 292 (2013) COLD WAR VETERANS REAL PROPERTY EXEMPTIONS DETERMINATION PUBLIC HEARING SET – PROPOSED LOCAL LAW NO. 4

RESOLVED a public hearing will be held on December 12, 2013 at 7:50 pm at the Macedon Town Hall, 32 Main Street, Macedon, New York to hear and consider comments from the public in regard to a proposed Local Law #4 of 2013 reading as follows:

 

TOWN OF MACEDON - STATE OF NEW YORK

A local law in relation to determining the veterans’ real property exemptions.

 

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF MACEDON, NEW YORK, as follows:

 

Section 1.

This local law is enacted pursuant to the provisions of Section 458-b of the Real Property Tax Law, as amended by Chapter 410 of the Laws of 1994.

 

Section 2.

The purpose of this local law is to provide that qualifying residential real property as defined in Real Property Tax Law Section 458-b (1)(f) shall be exempt from taxation to the extent of either: (i) ten percent of the assessed value of such property; provided however, that such exemption shall not exceed eight thousand dollars or the product of eight thousand dollars multiplied by the latest state equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less or; (ii) fifteen percent of the assessed value of such property; provided however, that such exemption shall not exceed twelve thousand dollars or the product of twelve thousand dollars multiplied by the latest state equalization rate of the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.

 

Section 3.

In addition to the exemption provided by paragraph (a) of this subdivision, where the Cold War veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed forty thousand dollars, or the product of forty thousand dollars multiplied by the latest state equalization rate for the assessing unit, or, in the case of a special assessing unit, the latest class ratio, whichever is less.

 

Section 4.

(i) The exemption from taxation provided by this subdivision shall be applicable to county, city, town, and village taxation, but shall not be applicable to taxes levied for school purposes.

 

(ii) If a Cold War veteran receives the exemption under section four hundred fifty‑eight or four hundred fifty‑eight‑a of this title, the Cold War veteran shall not be eligible to receive the exemption under this section.

 

 

 

 

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November 14, 2013

 

(iii)  The exemption provided by sections 2 and 3 shall be granted for a period of ten years. The commencement of such ten year period shall be governed pursuant to this subparagraph. Where a qualified owner owns qualifying residential real property on the effective date of the local law providing for such exemption, such ten year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring on or after the effective date of the local law providing for such exemption. Where a qualified owner does not own qualifying residential real property on the effective date of the local law providing for such exemption, such ten year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable status date occurring within sixty days after the date of purchase of residential real property, such ten year period shall be measured from the first assessment roll in which the exemption occurs. If, before the expiration of such ten year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this subdivision for the unexpired portion of the ten year exemption period.

 

Section 5.

This local law shall take effect immediately.

 

Dated: December 1, 2013

By Order of the Town Board of the

Town of Macedon

Judy Gravino, Town Clerk

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 293 (2013) POLICE OFFICER PT APPOINTED – MCFAUL

BE IT RESOLVED that Dave McFaul be hired to the position of Police Officer – Part Time at a rate of $16.50 per hour.

MOTION BY PAGANO, SECONDED BY HAMMOND

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 294 (2013) HIGHWAY VEHICLE PURCHASE - TRUCK

BE IT RESOLVED that the Town Board authorize Richard Roets, Highway Superintendent, to order a 2014 Ford F250 4x4 pickup truck off the State Contract.

MOTION BY PAGANO, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 295 (2013) HIGHWAY VEHICLE PURCHASE – TRACTOR W/MOWER

BE IT RESOLVED that the Town Board authorize Richard Roets, Highway Superintendent, to order a John Deere 612M Cab Tractor at $87,595, and a Diamond 23’ Rear Cradle Boom Mower at $61,325 for a total purchase not to exceed $148,920.

MOTION BY MCEWEN, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

The Board recognized the work Kim Leonard has performed for the Town including payroll, accounting, health benefits and budgets.  They expressed their appreciation for the work she has done.

 

Councilman Maul inquired about the possibility of accepting payments with credit cards.  This will be looked into.

 

Attorney Anthony Villani updated the Board on the sewer litigation.

 

RESOLUTION NO. 296 (2013) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 9:10 p.m. to discuss litigation.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 297 (2013) OPEN SESSION

RESOLVED the Board return to Open Session at 10:27 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

 

NO. 23                                                                                                                         Page 6

November 14, 2013

 

ABSTRACT NO. 10-4 Early (321)                      Expenditures in the amount of

Claim No. 29415                                                           $30,177.00

 

ABSTRACT NO. 11 Regular Bills (322)             Expenditures in the amount of

Claim Nos. 29355-29414                                   $196,872.66

                  29416-29552          

                                                                                   

RESOLUTION NO. 298 (2013) PAYMENT OF CLAIMS

RESOLVED the bill be paid as audited.

MOTION BY MCEWEN, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

MOTION BY HAMMOND, SECONDED BY MCEWEN THAT THE MEETING BE ADJOURNED AT 10:30 PM.

 

 

 

 

 

__________________________________

Judy W. Gravino, RMC

Macedon Town Clerk