September 8, 2016

WEB SITE http://macedontown.net

 

The Regular Meeting of the Town Board of the Town of Macedon held September 8, 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

Councilperson

Dave McEwen

Dave Maul

Councilperson

Paul Kenyon

Councilperson

Bruce Babcock

Supervisor

Sandy Pagano

 

 

Absent:

                                               

Also Present:

Attorney

Attorney

Anthony Villani

David Fulvio

Highway Superintendent

Town Clerk

Town Engineer

 

Christopher Countryman

Karrie Bowers

Scott Allen

 

 

RESOLUTION NO. 185 (2016) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes from the August 11, 2016 (Regular meeting) and September 1, 2016 (Special Meeting)

MOTION BY KENYON, SECONDED BY MAUL

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

 

Reports:

            August Police Report

            August Town Clerk Report

 

RESOLUTION NO. 186 (2016) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY MCEWEN, SECONDED BY BABCOCK

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

 

RESOLUTION NO. 187 (2016) SCHOOL TAX COLLECTORS

RESOLVED that as provided in Section 37 of the Town Law of New York State the Town Board of the Town of Macedon does hereby appoint the following individuals to collect for the 2016-2017 school year.

 

RESOLVED that Irene Unterborn is appointed Tax Collector for the portion of the Palmyra-Macedon Central School District within the Town and be it further

 

RESOLVED that Margaret Revelle is appointed School Tax Collector for the portion of the Penfield School District within the Town and be it further

 

RESOLVED that Nicole Ritz is appointed School Tax Collector for the portion of Victor Central School District within the Town and e it further

 

RESOLVED that Cathy Herzog as School Tax Collector for the portion of Wayne Central School District within the Town.

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 188 (2016) IMPERIAL MAINTENANCE CONTRACT RENEWALS

RESOLVED the Board approves the automatic door labor only maintenance agreements for the Town Hall and Library at a rate of $360 annual labor charge/building and authorizes the Supervisor to sign said agreements for a term of October 1, 2016 – September 30, 2017.

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 189 (2016) BUDGET WORKSHOP

RESOLVED the Town Board scheduled the 2017 Budget Workshop on October 3rd at 5:30pm.

MOTION BY MAUL, SECONDED BY KENYON

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

 

RESOLUTION NO. 190 (2016) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2016 – DB PROPERTIES, LLC.

WHEREAS, DB Properties, LLC. Has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2012 in Wayne County Supreme Court under index number 79801, 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 country tax base, the County of Wayne has adopted a policy of municipal participation in the costs and expense of such litigation by resolution 590-15 date October 20, 2015 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 $1,780,300 is sought to be reduced to $657,000 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, THEREFOR, 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 the 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 2016, 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 to the Wayne County Real Property Tax Services Director and to the Superintendent of the Palmyra-Macedon School District.

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 191 (2016) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2016 – SPOON EXHIBIT SERVICES

WHEREAS, Spoon Exhibit Services has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2013 in Wayne County Supreme Court under index number 79827, 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 country tax base, the County of Wayne has adopted a policy of municipal participation in the costs and expense of such litigation by resolution 590-15 date October 20, 2015 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 $1,900,800 is sought to be reduced to $1,000,000 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, THEREFOR, 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 the 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 2016, 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 to the Wayne County Real Property Tax Services Director and to the Superintendent of the Palmyra-Macedon School District.

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 192 (2016) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2016 – HIGH PRECISION PROPERTIES, LLC.

WHEREAS, High Precision Properties, LLC. 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 79842, 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 country tax base, the County of Wayne has adopted a policy of municipal participation in the costs and expense of such litigation by resolution 590-15 date October 20, 2015 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 $848,300 is sought to be reduced to $460,000 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, THEREFOR, 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 the 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 2016, 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 to the Wayne County Real Property Tax Services Director and to the Superintendent of the Palmyra-Macedon School District.

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

resolution no. 193 (2016) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2016 - WALMART

WHEREAS, Walmart has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2014 in Wayne County Supreme Court under index number 79800, 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 country tax base, the County of Wayne has adopted a policy of municipal participation in the costs and expense of such litigation by resolution 590-15 date October 20, 2015 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, THEREFOR, 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 the 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 2016, 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 to the Wayne County Real Property Tax Services Director and to the Superintendent of the Palmyra-Macedon School District.

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 194 (2016) ASSESSING REVIEW BOARD MEMBER REAPPOINTMENT – PITTINARO

RESOLVED the Board reappoints Patrick Pittinaro to the position of Assessing Review Board Member effective October 1, 2016 – September 30, 2021.

MOTION BY KENYON, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 195 (2016) TELECOM ACQUISITION LLC/BELL ATLANTIC MOBILE LP (d/b/a VERIZON WIRELESS) FOR SPECIAL USE PERMIT AND SITE PLAN APPROVAL

RESOLVED that the Town Board refers the application of Telecom Acquisition LLC/Bell Atlantic Mobile LP for special use permit and site plan approval to the Macedon Town Planning board for referral.

MOTION BY KENYON, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 196 (2016) LEAD AGENT – TELECOM ACQUISITION LLC/BELL ATLANTIC MOBILE LP (d/b/a VERIZON WIRELESS
RESOLVED the Town Board of Macedon declares itself Lead Agent for this application.

MOTION BY KENYON, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 197 (2016) LETTER OF INTENT

RESOLVED the Town Board authorizes the Supervisor to sign the letter of intent to purchase 2016 Ford F-550 through the Onondaga Bid process for the amount of $85,275.79.

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

7:45 public hearing – proposed local law no. 3 of 2016 to establish capital debt and capital reserve fund charges for macedon consolidated sewer district no. 1

Establish quarterly Capital Debt Charge of $42.50 and Capital Reserve Fund Charge of $17.50 for each equivalent dwelling unit located within the Macedon Consolidated Sewer District No. 1

 

resolution no. 198 (2016) READING OF LEGAL NOTICE WAIVED

RESOLVED the Town Board waive reading of the legal notice published in the August 14, 2016 issue of the Times.

MOTION BY KENYON, SECONDED BY BABCOCK

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

 

All Persons desiring to be heard, having heard the public comment the hearing was closed.

 

RESOLUTION NO. 199 (2016) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 7:47 pm.

MOTION BY KENYON, SECONDED BY BABCOCK

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

 

RESOLUTION NO. 200 (2016) proposed local law no. 3 of 2016 to establish capital debt and capital reserve fund charges for macedon consolidated sewer district no. 1

Be it enacted by the Town Board of the Town of Macedon as follows:

 

Section 1.

                       

  1.  Article 14-F of the General Municipal Law authorizes the Town on behalf of a sewer district to impose rents and/or other charges for operation, maintenance, repairs, and upgrades of the sewer system.

 

  1. The Town and the Village of Macedon jointly own the Wastewater Treatment Plant and Ganargua Creek Interceptor line which services the Village and the area of the Town outside the Village designated as Macedon Consolidated Sewer District No. 1 (hereinafter “District”). 

 

  1. The Wayne County Water and Sewer Authority, in accordance with a lease with the Town and Village of Macedon, is presently responsible for the operation and maintenance of the Wastewater Treatment Plant and the accompanying wastewater collection and conveyance systems located within both the Village and the District.

 

  1. The parties anticipate the incurrence of approximately $7,000,000 in indebtedness for capital improvements to the Wastewater Treatment Plant.

 

Section 2.

 

The guidelines set forth in Exhibit “A”, a copy of which is attached hereto and made apart hereof ,have historically been and will continue to be relied upon to calculate equivalent dwelling units (hereinafter “EDUs”). 

 

Section 3.

 

The owner of each EDU located within the District shall be charged $42.50 per EDU each quarter, which shall be referred to as the “Capital Debt Charge”, the proceeds of which shall be used to pay the District’s share of the indebtedness incurred for the anticipated $7,000,000 capital improvement project.

 

Section 4.

 

The owner of each EDU located within the District shall be charged $17.50 per EDU each quarter, which shall be referred as the “Capital Reserve Charge”, the proceeds of which shall be set aside in a General Capital Reserve Fund for the financing of all or part of the cost of the construction, reconstruction or acquisition of future capital improvements to the wastewater treatment plant and/or the collection and conveyance systems attached thereto and located within the District.

 

Section 5.

 

Billing of the aforesaid quarterly charges shall commence on October 1, 2016.

 

Section 6.

 

This local law shall go into effect immediately upon filing with the Secretary of State.

MOTION BY MAUL, SECONDED BY MCEWEN

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

 

RESOLUTION NO. 201 (2016) WASTE WATER TREATMENT PLANT PROJECT

RESOLVED, that the Town Board of the Town of Macedon approves the authorization, financing, construction and execution of capital improvements in connection with the Village of Macedon’s wastewater treatment plant project set forth in the preliminary engineering report dated July, 2014, in accordance with Article IV of the Intermunicipal Agreement for Sewage Treatment between the Village of Macedon and the Town of Macedon dated July 22, 2015.

MOTION BY MAUL, SECONDED BY KENYON

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

 

Roundtable:

 

Police Chief John Colella advised residents to lock their vehicles as they have had multiply vehicles broken into. 

 

Highway Superintendent Chris Countryman said that the hydro seeding on Canandaigua Road to the railroad tracks has been completed.

 

Councilman Dave McEwen spoke about checking with DOT regarding the parking lot at the Yellowmills Diner and how residents have a difficult time seeing

 

Supervisor Sandy Pagano wanted to remind everyone that the Lumberjack Festival will be held on September 10 & 11. 

 

ABSTRACT NO. 396 September (A) 2016                        Regular Bills

2016 #20161244 - 20161481                                           $276,177.10

 

RESOLUTION NO. 202 (2016) 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

 

RESOLUTION NO. 203 (2016) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 9:24 p.m.to discuss personnel.

MOTION BY MCEWEN, SECONDED BY PAGANO

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

 

MOTION BY BABCOCK, SECONDED BY KENYON THE MEETING BE ADJOURNED AT 10:26 PM.

 

 

Karrie M. Bowers

___________________________________

Karrie M. Bowers

Macedon Town Clerk