NO. 18                                                                                                .           Page 1

 

August 27, 2015

WEB SITE http://macedontown.net

 

The Regular Meeting of the Town Board of the Town of Macedon held August 27, 2015 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 McEwen

Councilperson

Sandy Pagano

Supervisor

William Hammond

 

Absent:   

Councilperson

David Maul

 

 

Also Present:

Attorney

David Fulvio

Highway Superintendent

Richard Roets

Police Chief

John Colella

Town Clerk

Karrie Bowers

 

RESOLUTION NO. 219 (2015) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of August 13, 2015 (Regular Meeting) as presented.

MOTION BY PAGANO, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 220 (2015) POLICE HIRE - CORBETT

Be it resolved that Martin Corbett be appointed to the position of Police Officer Part-Time to assist with accreditation, at a rate of pay to be determined by the Town Supervisor and Chief of Police.

MOTION BY PAGANO SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 221 (2015) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2015

 

            WHEREAS, High Precision Properties has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2015 in Wayne County Supreme Court under index number 78851, and

 

            WHEREAS, because the litigation costs of these challenges can be more than the Town can anticipate and afford, and the effects of such litigation extend additionally to the school, village and county tax base, the County of  Wayne has adopted a policy of municipal participation in the costs and expense of such litigation  by resolution 884-19 dated April 10, 2010 and

 

            WHEREAS, the Town of Macedon attorney has advised the Town Board that this litigation meets the requirements of municipal participation in that the real property in question has an assessed value in excess of $350,000 and the petitioner is desirous of either a change of assessment of ten (10) percent or a change of at least $50,000 less than the assessed value, to wit: assessment of $1,129,300 is sought to be reduced to $276,000 and

 

            WHEREAS, the Town of Macedon, desires to qualify this litigation for Wayne County and Gananda Central School District participation to equally share the legal and appraisal costs of this litigation,

 

            NOW, THEREFORE, BE IT RESOLVED that the Town of Macedon does hereby agree to share equally in the legal and appraisal costs of this litigation and does hereby request Wayne County  and Gananda Central School District participation to share equally in the legal and appraisal costs of this litigation; and

 

            BE IT FURTHER RESOLVED that proceedings will involve the County Attorney and Real Property Tax Services Director as consultants regarding appraisals and/or settlement strategies and the Town Attorney is authorized to communicate pursuant to common defense confidentiality agreements with the County of Wayne and Gananda Central School District; and

 

            BE IT FURTHER RESOLVED  that the Town of Macedon hereby requests approval for County of Wayne, and Gananda Central School District participation in this litigation commenced under the index number set forth above for the year 2015, and

 

            BE IT FURTHER RESOLVED, that the Town of Macedon will pay its equal share of the legal and appraisal costs of this litigation, and

 

            BE IT FURTHER RESOLVED, that the Town Supervisor be and the same is hereby authorized to request participation by the County of Wayne and Gananda Central School District for equal participation in the legal and appraisal costs of this litigation by sending a copy of this resolution to the Wayne County Attorney with a copy to the Wayne County Real Property Tax Services director and to the Superintendent of the Gananda Central School District.

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 222 (2015) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2015

 

            WHEREAS, Wal-Mart Real Estate Business Trust and Wal-Mart Stores East, LP has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2015 in Wayne County Supreme Court under index number 78756, and

 

            WHEREAS, because the litigation costs of these challenges can be more than the Town can anticipate and afford, and the effects of such litigation extend additionally to the school, village and county tax base,  the County of Wayne has adopted a policy of municipal participation in the costs and expense of such litigation  by resolution 884-19 dated April 10, 2010 and

 

            WHEREAS,  the Town of Macedon attorney has advised the Town Board that this litigation meets the requirements of municipal participation in that the real property in question has an assessed value in excess of $350,000 and the petitioner is desirous of either a change of assessment of ten (10) percent or a change of at least $50,000 less than the assessed value, to wit: assessment of $14,581,300 is sought to be reduced to $8,900,000 and

 

            WHEREAS, the Town of Macedon, desires to qualify this litigation for Wayne County and Palmyra -Macedon School District participation to equally share the legal and appraisal costs of this litigation,

 

            NOW, THEREFORE, BE IT RESOLVED that the Town of Macedon does hereby agree to share equally in the legal and appraisal costs of this litigation and does hereby request Wayne County  and Palmyra -Macedon School District participation to share equally in the legal and appraisal costs of this litigation; and

 

            BE IT FURTHER RESOLVED that proceedings will involve the County Attorney and Real Property Tax Services Director as consultants regarding appraisals and/or settlement strategies and the Town Attorney is authorized to communicate pursuant to common defense confidentiality agreements with the County of Wayne and Palmyra -Macedon School District; and

 

            BE IT FURTHER RESOLVED  that the Town of Macedon hereby requests approval for County of Wayne, and Palmyra -Macedon School District participation in this litigation commenced under the index number set forth above for the year 2015, and

 

            BE IT FURTHER RESOLVED, that the Town of Macedon will pay its equal share of the legal and appraisal costs of this litigation, and

 

            BE IT FURTHER RESOLVED, that the Town Supervisor be and the same is hereby authorized to request participation by the County of Wayne and Palmyra -Macedon School District for equal participation in the legal and appraisal costs of this litigation by sending a copy of this resolution to the Wayne County Attorney with a copy to the Wayne County Real Property Tax Services director and to the Superintendent of the Palmyra -Macedon School District.

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 223 (2015) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2015

 

            WHEREAS, DB Properties has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2015 in Wayne County Supreme Court under index number 78794, and

 

            WHEREAS, because the litigation costs of these challenges can be more than the Town can anticipate and afford, and the effects of such litigation extend additionally to the school, village and county tax base,  the County of Wayne has adopted a policy of municipal participation in the costs and expense of such litigation  by resolution 884-19 dated April 10, 2010 and

 

            WHEREAS,  the Town of Macedon attorney has advised the Town Board that this litigation meets the requirements of municipal participation in that the real property in question has an assessed value in excess of $350,000 and the petitioner is desirous of either a change of assessment of ten (10) percent or a change of at least $50,000 less than the assessed value, to wit: assessment of $1,790,300 is sought to be reduced to $650,400 and

 

            WHEREAS, the Town of Macedon, desires to qualify this litigation for Wayne County and Palmyra -Macedon School District participation to equally share the legal and appraisal costs of this litigation,

 

            NOW, THEREFORE, BE IT RESOLVED that the Town of Macedon does hereby agree to share equally in the legal and appraisal costs of this litigation and does hereby request Wayne County  and Palmyra -Macedon School District participation to share equally in the legal and appraisal costs of this litigation; and

 

            BE IT FURTHER RESOLVED that proceedings will involve the County Attorney and Real Property Tax Services Director as consultants regarding appraisals and/or settlement strategies and the Town Attorney is authorized to communicate pursuant to common defense confidentiality agreements with the County of Wayne and Palmyra -Macedon School District; and

 

            BE IT FURTHER RESOLVED  that the Town of Macedon hereby requests approval for County of Wayne, and Palmyra -Macedon School District participation in this litigation commenced under the index number set forth above for the year 2015, and

 

            BE IT FURTHER RESOLVED, that the Town of Macedon will pay its equal share of the legal and appraisal costs of this litigation, and

 

            BE IT FURTHER RESOLVED, that the Town Supervisor be and the same is hereby authorized to request participation by the County of Wayne and Palmyra -Macedon School District for equal participation in the legal and appraisal costs of this litigation by sending a copy of this resolution to the Wayne County Attorney with a copy to the Wayne County Real Property Tax Services director and to the Superintendent of the Palmyra -Macedon School District.

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 224 (2015) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2015

 

            WHEREAS, Spoon Exhibit Services, Inc. has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2015 in Wayne County Supreme Court under index number 78845, and

 

            WHEREAS, because the litigation costs of these challenges can be more than the Town can anticipate and afford, and the effects of such litigation extend additionally to the school, village and county tax base, the County of  Wayne has adopted a policy of municipal participation in the costs and expense of such litigation  by resolution 884-19 dated April 10, 2010 and

 

            WHEREAS, the Town of Macedon attorney has advised the Town Board that this litigation meets the requirements of municipal participation in that the real property in question has an assessed value in excess of $350,000 and the petitioner is desirous of either a change of assessment of ten (10) percent or a change of at least $50,000 less than the assessed value, to wit: assessment of $2,376,000 is sought to be reduced to $1,000,000 and

 

            WHEREAS, the Town of Macedon, desires to qualify this litigation for Wayne County and Gananda Central School District participation to equally share the legal and appraisal costs of this litigation,

 

            NOW, THEREFORE, BE IT RESOLVED that the Town of Macedon does hereby agree to share equally in the legal and appraisal costs of this litigation and does hereby request Wayne County  and Gananda Central School District participation to share equally in the legal and appraisal costs of this litigation; and

 

            BE IT FURTHER RESOLVED that proceedings will involve the County Attorney and Real Property Tax Services Director as consultants regarding appraisals and/or settlement strategies and the Town Attorney is authorized to communicate pursuant to common defense confidentiality agreements with the County of Wayne and Gananda Central School District; and

 

            BE IT FURTHER RESOLVED  that the Town of Macedon hereby requests approval for County of Wayne, and Gananda Central School District participation in this litigation commenced under the index number set forth above for the year 2015, and

 

            BE IT FURTHER RESOLVED, that the Town of Macedon will pay its equal share of the legal and appraisal costs of this litigation, and

 

            BE IT FURTHER RESOLVED, that the Town Supervisor be and the same is hereby authorized to request participation by the County of Wayne and Gananda Central School District for equal participation in the legal and appraisal costs of this litigation by sending a copy of this resolution to the Wayne County Attorney with a copy to the Wayne County Real Property Tax Services director and to the Superintendent of the Gananda Central School District.

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

7:45 PM -  PUBLIC HEARING – HARV’S HARLEY DAVIDSON TEMPORARY USE PERMIT

This hearing is to take public comments on the temporary use permit application from Harv’s Harley Davidson located at 3120 Kittering Road, Macedon for a Snowmobile Drag Race on Saturday, October 24, 2015 pending Planning Board approval.

 

RESOLUTION NO. 225 (2015) WAIVE READING OF THE LEGAL NOTICE WAIVED

RESOLVED the Town Board waives reading of the legal notice published in the August 16, 2015 issue of the Times.

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

PUBLIC HEARING HARV’S HARLEY DAVIDSON

RESOLVED the Public Hearing will be reconvened at the September 10th Board Meeting.

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

 

RESOLUTION NO. 226 (2015) TOWN OF MACEDON LIBRARY BLINDS

RESOLVED the Town of Macedon Library received two (2) quotes for Library Blinds from Lowe’s and Treatments for your Panes.  The cost is not to exceed $900.

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

Roundtable:

 

Councilwoman Pagano –

-Lumberjack Festival at Macedon Center Fire Department – September 12th & 13th

-Canaltown Days – September 19th & 20th

-Towpath Fife & Drum – September 20th – Main Street Macedon – Guest Fife & Drum from France, Italy, Belgium and New York will be performing. 

-Aero Modeling Show was a huge success

 

RESOLUTION NO. 227 (2015) INTERMUNICIPAL AGREEMENT FOR SEWAGE TREATMENT

BE IT RESOLVED, the Town Board is hereby authorized to execute the document “Supplemental Intermunicipal Agreement on Sewage Treatment” dated August 26, 2015 and executed by the Village Board of Trustees.

MOTION BY KENYON, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 228 (2015) RESIGNATION – CAUWELS

BE IT RESOLVED the Town Board accepts the resignation from Kathy Cauwels, Clerk to the Supervisor effective 8/27/15.

MOTION BY KENYON, SECONDED BY HAMMOND

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 229 (2015) ACCOUNT CLERK – CAUWELS

BE IT RESOLVED that Kathy Cauwels be appointed to the position of Account Clerk from the Wayne County Civil Service List of Eligibilities dated August 14, 2015.

MOTION BY KENYON, SECONDED BY HAMMOND

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 230 (2015) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:00 p.m. to discuss Personnel & Litigations

MOTION BY MCEWEN, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

 

 

 

 

RESOLUTION NO. 231 (2015) OPEN SESSION

RESOLVED the Board returns to Open Session at 9:02 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

ABSTRACT NO. 370 (2015) Bills for August (B)   Expenditures in the amount of

Claim Nos.   #33437                                          $2917.94

 

 

Claim Nos.  #33438-33490                                  $78,143.53

 

RESOLUTION NO. 232 (2015) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY PAGANO, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

MOTION BY HAMMOND, SECONDED BY KENYON THE MEETING BE ADJOURNED AT

9:15 PM.

 

 

Karrie Bowers

__________________

Karrie M. Bowers

Macedon Town Clerk