October 13, 2016
WEB SITE http://macedontown.net
The Regular Meeting of the
Town Board of the Town of Macedon held October 13, 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 |
Paul Kenyon |
|
Councilperson |
Bruce Babcock |
|
Supervisor |
Sandy Pagano |
|
|
|
Absent:
Councilperson Dave Maul
Also Present:
|
Attorney Chief of Police |
David Fulvio John Colella |
|
Highway Superintendent Town Clerk Town Engineer |
Christopher Countryman Karrie Bowers Scott Allen |
|
|
|
RESOLUTION NO. 211 (2016) APPROVAL OF MINUTES
RESOLVED the Board approves
the minutes from the September 22, 2016 (Regular meeting)
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
Reports:
September Town Clerk Report
September Police Report
RESOLUTION NO. 212 (2016) APPROVAL OF REPORTS
RESOLVED the Board approves
the reports as submitted.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 213 (2016) SURPLUS – POLICE VEHICLE
BE IT RESOLVED that a 2011
Ford Crown Victoria Police vehicle, with VIN # 2FABP7BV9BX123084, be declared
surplus and sold via sealed bid process.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION
NO. 214 (2016) AMENDing 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 2016
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 591-15 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 $1,000,000 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 $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 KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION
NO. 215 (2016) AMENDing 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 2016
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 591-15 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 $1,000,000 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 Gananda 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 Gananda 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 Gananda School District; and
BE IT FURTHER RESOLVED that the Town of Macedon hereby requests approval
for County of Wayne, and Gananda 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 Gananda
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 Gananda School District.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION
NO. 216 (2016) AMENDing 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
2016 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 591-15 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 $1,000,000 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 Gananda 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 Gananda 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 Gananda School District; and
BE IT FURTHER RESOLVED that the Town of Macedon hereby requests approval
for County of Wayne, and Gananda 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 Gananda
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 Gananda School District.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOUTION
217 (2016) AMENDing 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 2016 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 591-15 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 $1,000,000 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 KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 218 (2016) TELECOM
ACQUISITION LLC/BELL ATLANTICE MOBILE LP (d/b/a/ Verizon Wireless) FOR SPECIAL
USE PERMIT AND SITE PLAN
WHEREAS,
on or about September 8, 2016, the Town received the Application of Telecom
Acquisition LLC / Bell Atlantic Mobile LP (d/b/a/ Verizon Wireless)
(hereinafter the “Applicant”) for Special Use Permit and Site Plan Approval for
a 170-foot telecommunication tower at 0 Frey Road (Tax Parcel No.
61113-00-635068); and
WHEREAS,
the Town Planning Board has approved the Applicant’s site plan; and
WHEREAS,
the County Planning Board has recommended approval of the Applicant’s site plan
and special use permit; and
BE
IT RESOLVED, a public hearing is hereby scheduled for November 10, 2016 at 7:45
pm. to hear and consider public comment on the Applicant’s Special Use Permit
Application; and
BE
IT FURTHER RESOLVED, the Town Clerk shall cause the following legal notice to
be published in the Times of Wayne County:
LEGAL NOTICE
TOWN OF MACEDON
NOTICE OF PUBLIC HEARING
PLEASE
TAKE NOTICE that a public hearing will be held by the Town Board of the Town of
Macedon on the 10th day of November, 2016 at 7:45 p.m. at the Macedon Town
Hall, 32 West Main Street, Macedon, New York to hear and consider comments from
the public in regard to the Application of Telecom Acquisition LLC / Bell
Atlantic Mobile LP (d/b/a/ Verizon Wireless) (hereinafter the “Applicant”) for
Special Use Permit for a 170-foot telecommunication tower at 0 Frey Road (Tax
Parcel No. 61113-00-635068). Copies of
the aforesaid special use permit application are available for review at the
Town Clerk’s Office during regular business hours.
BE
IT FURTHER RESOLVED, the Town Clerk shall mail the aforesaid notice to the
Applicant and to the Wayne County Planning Board, as required by Town Law 274-b
and General Municipal Law 239-m.
MOTION BY MCEWEN, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 219 (2016) FARMINTON FIRE ASSOC. FIRE
PROTECTION SERVICE FOR 2017 PUBLIC HEARING SET
RESOLVED that a public
hearing be set for October 27, 2016 at 7:45 pm prevailing time at the Macedon Town
Hall for the purpose of obtaining public comment on the proposed fire
protection agreement between the Farmington Volunteer Firemen’s Association and
the Town of Macedon for fire protection services for the year 2017.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 220 (2016) RESIGNATION – KLEIN
RESOLVED the Board accepts
the resignation from David Klein part-time Police Officer for Town of Macedon
Police Department.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
7:45 PROPOSED LOCAL LAW NO. 4 (2016) - A LOCAL LAW TO
OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW 3-C
RESOLUTION NO. 221 (2016) WAIVE READING OF THE LEGAL
NOTICE
RESOLVED the Town Board
waives reading of the legal notice published in the September 25, 2016 issue of
the Times.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL ABSENT, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
Resident
Frank Enos opposes the Tax Cap and stated that it should go to a vote for all
residents to vote. Councilperson Kenyon
explained why we do an override of the tax levy limit.
All
persons desiring to be heard, having been heard, the public hearing was closed.
Councilperson
Maul enters the Town Board meeting at 7:50pm
RESOLUTION NO. 222 (2016) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be
closed at 8:03 p.m.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 223 (2016) LOCAL LAW
NO. 4 (2016) A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL
MUNICIPAL LAW 3-C
RESOLVED
the Town Board adopts Local Law No. 4 (2016) as follows:
A
local law to override the tax levy limit established in General Municipal Law
3-c
Section 1. Legislative
Intent
It is the intent of this
local law to override the limit on the amount of real property taxes that may
be levied by the Town of Macedon, County of Wayne pursuant to General Municipal
Law § 3-c, and to allow the Town of Macedon, County of Wayne to adopt a town
budget for (a) town purposes (b) fire protection districts and (c) any other
special or improvement district governed by the town board for the fiscal year
2013 that requires a real property tax levy in excess of the "tax levy
limit" as defined by General Municipal Law § 3-c.
Section 2. Authority
This local law is adopted
pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly
authorizes the town board to override the tax levy limit by the adoption of a
local law approved by vote of sixty percent (60%) of the town board.
Section 3. Tax Levy Limit
Override
The Town Board of the Town of
Macedon, County of Wayne is hereby authorized to adopt a budget for the fiscal
year 2013 that requires a real property tax levy in excess of the limit
specified in General Municipal Law, §3-c.
Section 4. Severability.
If any clause, sentence,
paragraph, subdivision, or part of this Local Law or the application thereof to
any person, firm or corporation, or circumstance, shall be adjusted by any
court of competent jurisdiction to be invalid or unconstitutional, such order
or judgment shall not affect, impair, or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph,
subdivision, or part of this Local Law or in its application to the person,
individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
Section 5. Effective date.
This local law shall take
effect immediately upon filing with the Secretary of State.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
Guest Speaker Jean O’Connell &
Heather Maloney from O’Connell Associates, Inc. Grant Consultants came to speak
to the Town Board regarding services that the company offers to obtain grants
that are offered to municipalities
Roundtable:
Highway Superintendent stated
that the Highway Department is getting the trucks ready for winter. Paving at the Public Safety Building will
start on Wednesday, October 19th.
The finishing touches to Willowdale are complete.
Councilman Maul asked if the
Sports Boosters can plant a memorial tree at Bullis Park. Councilman Maul will get with Chris
Countryman in the placement of the tree.
Councilman Kenyon stated that
the Town received three quotes for Workman’s Compensation and will be reviewing
the quotes with the Town Board.
Councilman Babcock stated that
he met with Scott Allen regarding zoning for Solar Panels.
ABSTRACT NO. 398 October (A)
2016 Regular Bills
2016 # 20161537 - 20161631 $172,781.90
RESOLUTION NO. 224 (2016) PAYMENT OF CLAIMS
RESOLVED the bills be paid as
audited.
MOTION BY KENYON, SECONDED BY
BABCOCK
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 225 (2016) EXECUTIVE SESSION
RESOLVED the Board enters
Executive Session at 9:02 p.m. to discuss Personnel.
MOTION BY KENYON, SECONDED BY
MCEWEN,
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK
AYE, PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 226 (2016) OPEN SESSION
RESOLVED the Board returns to
Open Session at 10:31 p.m.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION
NO. 227 (2016) PROVISIONAL SERGEANT - DEMCHUK
BE IT RESOLVED that David Demchuk be appointed
to the position of Provisional Sergeant at a rate of pay according to the
current Police contract.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
RESOLUTION NO. 228 (2016) REQUEST FOR PROPOSAL – GRANT
WRITER
RESOLVED the Town Board is
hereby requesting proposals for a duly qualified grant writer to identify,
draft and submit applications on behalf of the Town of Macedon for a one year
retainer. Interested parties shall send
all documentation in support of their proposal.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE,
PAGANO AYE, MOTION CARRIED
MOTION BY KENYON, SECONDED BY
MAUL THE MEETING BE ADJOURNED AT 11:05 PM.
Karrie
M. Bowers
___________________________________
Karrie M. Bowers
Macedon Town Clerk