NO. 16 PAGE 1

JULY 8, 2004

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held July 8, 2004 at the Town Offices, 32 Main Street, in the Village 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………………Ken Nawrocki

Supervisor…..………………William Hammond

Absent: Councilperson……………...David Maul

Also Present: Town Attorney……………..Anthony Villani

Town Clerk………………....Judy Gravino

Town Engineer……………...Scott Allen

Councilperson David Maul is coaching a soccer game for Macedon Recreation and will be late.

RESOLUTION NO. 159 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of June 24, 2004 with the following correction:

Page 6 under the Police discussion should read:

If you expend money to construct, alter or lease a building to house a police

department, it is subject to either a permissive referendum or voluntary vote.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Highway Superintendent Richard Roets entered the meeting at 7:34 p.m.

RESOLUTION NO. 160 (04) SPEED REDUCTION REQUEST - RESEARCH

FOREST

RESOLVED the Board authorizes the Town Clerk to file a TE-9 request for a speed reduction on Research Forest from Gananda Parkway to Canandaigua Road from 55 mph to 30 mph.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 161 (04) BUDGET ADJUSTMENTS

RESOLVED the Macedon Town Board approve the following budget adjustments through 6/30/04:

A 0960 Appropriations 10.00

A 1356.100 Assessing Rev. Salary 10.00

A 0960 Appropriations 10.00

A 1356.400 Assessing Rev. Contr. 10.00

To record budget adjustments for the Assessing Review Board postage through 6/30/2004.

SS1 0510 Estimated Revenues 2085.00

SS1 2770 Misc. - CVS 2085.00

SS1 0599 Appr. Fund Balance 10162.00

SS1 0960 Appropriations 12247.00

SS1 1420.400 Sewer - Attorney 2085.00

SS1 8110.200 Sewer - Equipment 10162.00

 

NO. 16 PAGE 2

JULY 8, 2004

To record budget adjustments for the CVS Attorney work done on the sewer and the purchase of a hydromatic pump for the Macedon Sewer District #1.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 162 (04) LANDFILL CLOSURE NOTICE TO BIDDERS

NOTICE ADVERTISEMENT AUTHORIZED

RESOLVED the Town Board authorizes the Town Clerk to advertise for bids for the Macedon Landfill Closure project as follows:

NOTICE TO BIDDERS

Town of Macedon

Sanitary Landfill Closure

Wayne County, New York

Sealed bids will be received by the Town of Macedon Town Board at the Macedon Town Hall located at 32

Main Street, Macedon, New York 14502 until 2:00 p.m. on Tuesday, July 27, 2004, at which time they will be publicly opened and read.

The work site is located at 915 Quaker Road in the Town of Macedon, Wayne County, New York. The site is located along the north side of Quaker Road between Wilcox and Canandaigua Roads, approximately one mile northwest of the Village of Macedon.

The work includes providing all labor, materials, machinery, tools, equipment and other means of construction necessary and incidental to the completion the work shown on the plans and described in these specifications including, but not necessarily limited to the following: grubbing site, abandoning existing monitoring wells, fence removal, removal/off-site disposal of contents from a underground storage tank and filling the tank with sand, waste relocation, site grading, placing and compacting soils, installing gas vents, monitoring wells, geomembrane, drainage controls, seeding, and performing quality assurance/quality control (QA/QC) testing and other related work.

Drawings and Specifications may be examined and obtained at the locations listed below commencing Monday July 12, 2004.

Complete sets of the drawings, specifications and bid forms may be obtained from the Town of Macedon at 32 Main Street, Macedon, New York, 14502 and Clough, Harbour & Associates LLP at 16 West Main Street, Suite 830, Rochester, New York 14614, in accordance with the Instructions to Bidders; upon deposit of $50.00 for each complete set of contract documents. Checks shall be made payable to Clough, Harbour & Associates LLP.

In order to be considered for a full refund, the complete set of Contract Documents and the Refund Form must be returned to Clough, Harbour & Associates LLP within 30 days following the bid opening. Documents returned after 30 days and Bidders who obtain more than one set, will receive a partial refund equal to the deposit less the actual cost of reproduction for contract documents returned unmarked and in good condition.

All bids must be made on the official Bid Form or an exact copy by reproduction thereof and enclosed in a sealed envelope. This is a unit price bid as described in the Instructions to Bidders. No Bidder may withdraw his bid within forty-five calendar days after the actual date of the opening thereof. Each bid must be accompanied by a bid security in the amount of five percent of the base bid in accordance with the Instructions to Bidders.

The successful Bidder will be required to furnish construction performance and payment bonds in the full amount of the contract price.

The successful bidder will be required to comply with all provisions of the Federal Government Equal Employment Opportunity clauses issued by the Secretary of Labor on May 21, 1968 and published in the Federal Register (41 CFR Part 60-1, 33 F.2 7804).

The bidding documents may be examined at the following addresses:

Clough, Harbour & Associates LLP Town of Macedon Builders Exchange of Rochester, Inc.

16 West Main Street, Suite 830 32 Main Street 180 Linden Oaks, Suite 100

Rochester, New York 14614 Macedon, New York 14502 Rochester, New York 14625-2837

NTB-1

 

 

NO. 16 PAGE 3

JULY 8, 2004

Owner reserves the right to reject any and all Bids, to waive any and all informalities and the right to disregard all nonconforming, non-responsive or Conditional Bids. A non-mandatory pre-bid meeting will be held at 2:00 p.m. on Wednesday, July 19, 2004 at the site.

OWNER'S CONTACT OWNER

Supervisor William Hammond Town of Macedon

32 main Street

Macedon, New York 14502

ENGINEER:

CLOUGH, HARBOUR & ASSOCIATES LLP

ENGINEERS, SURVEYORS, PLANNERS

& LANDSCAPE ARCHITECTS

441 South Salina Street

Syracuse, New York 13202

Phone: (315) 471-3920

Fax: (315) 471-3569

NTB-2

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Discussion followed on the Town of Macedon signs. At budget time the Town Board will discuss new Town of Macedon signs incorporating the new town logo. Sarah Bills requested permission to refurbish (sand & repaint) the current signs that she originally worked on. It was the consensus that the Supervisor will help find volunteers and supplies for Ms. Bills.

Highway Superintendent Roets reported that the ditching on Hance Road is complete and clean up will occur when it dries out. The next ditching project will be Magog Road and will take approximately five (5) days.

REPORTS - The Supervisor presented the following:

Building & Zoning Quarterly Report

RESOLUTION NO. 163 (04) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE - The Supervisor presented the following:

  1. A memo from Scott Smith, Clough, Harbour & Associates LLP with the notice to bidders for the Town of Macedon Sanitary Landfill Closure.
  2. Transcript from R News relating to the interview with Supervisor Hammond on the police issue.
  3. A lengthy discussion followed.

    Supervisor Hammond commented that the police issue is not a power struggle, as reported by R News, but simply the Town Board being fiscally responsible. Councilperson Nawrocki reviewed the Macedon Police Budget Analysis prepared by Town Accountant Kim Leonard as follows:

     

     

     

     

     

     

    NO. 16 PAGE 4

    JULY 8, 2004

    MACEDON POLICE BUDGET ANALYSIS 75% VERSUS 25% AS IS CURRENTLY:

    Total Macedon Police Budget 1/1-12/31/2004 $452,750

    Town Outside Village Share = 75% $339,560

    Town Outside Village Taxable Value $347,652,606

    Town Outside Rate Per Thousand = .976722/TH.

    Village Share = 25% $113,190

    Village Taxable Value $64,618,837

    Village Rate per Thousand = 1.751656/TH.

    If the Town kept $ value the same with Town Outside Village Police Force, the rate per thousand would not change. For every $50,000 increase, the rate would increase $0.1438217/thousand.

    MACEDON POLICE BUDGET IF TOWNWIDE (VILLAGE MUST DISSOLVE POLICE FORCE):

    Total Macedon Police Budget 1/1-12/31/2004 $452,750

    Townwide Taxable Value $412,271,443

    Townwide Rate Per Thousand = 1.098184/TH.

    (Every taxpayer would pay the same rate per thousand)

    If Village does not dissolve & keeps its current force as is based on 2004 info.:

    Total Macedon Police Budget 1/1-12/31/2004 $452,750

    Village Taxable Value $64,618,837

    Village Rate Per Thousand = 7.00647/TH.

    INCREASE TO VILLAGE TAXPAYER TO KEEP ALL 5.254814/TH.

    PREPARED BY: KIM V. LEONARD 7/6/2004

     

    Councilperson Nawrocki - The Town residents at 75% spend approximately $.98/thousand for police services. The Village at 25% pays currently $1.75/thousand for police services. That is based on a Village total assessed valuation of approximately $64 million. Total Village and Town assessed valuation is approximately $412 million combined. If you blend that into one tax rate that goes out to every single resident in the town, including the those in the Village, everyone will pay $1.098184 per thousand. Which means the people in the Village will see a reduction of $.65/thousand in their tax rate. The Town taxpayer outside the Village today will see an increase of approximately $.11/thousand in their tax rate to pay for exactly the same budget, exactly the same personnel. For those of you that haven't been here before, it has always been our stated intent to carry this force intact over to the Town and equitably distribute the funding for this force across the entire town. This is not a means to save money. It is merely a means to distribute the costs equitably. There have been a number of dialogs between he Village and Town to try to figure out how to proportionately share these costs. Today we pay 75%. We have been approached by the Village a number of times and asked to say you are really not paying enough because sometimes 82% of the calls are in the Town and only 18% are in the Village. We really want to get out of doing that math. We want to provide a townwide force for this Town. We have put the Village on notice through the only legal means we have, which says we will fail to renew our part of funding the services that we contract for from the Village as of June of next year. That is the only legal way we have to create a townwide force. Going further in this example the Village, and we cannot speak for the Village we can only speak for the Town, has announced its intent to keep a force. Of what order of magnitude we can not even speculate. If the

    NO. 16 PAGE 5

    JULY 8, 2004

    Village were to fund the entire force today and keep all the officers and spend the same money that is being spent today a Village resident today currently paying $1.75/thousand for police services would pay $5.25/thousand for police service only. So there would be about a $3+ increase per thousand just to fund the force and keep it intact in the Village. I hope everyone can understand that this provides for an equitable distribution of the current costs for the current personnel and for the current levels of service that we are experiencing today.

    Councilperson Kenyon - Village residents pay for police services through their Village taxes, not their Town taxes. This would provide townwide and distribute it across the whole base. One of the things this model doesn't describe is growth. As the Village maxes out its assessed value dimension they can no longer grow. They can reassess and grow the base by reassessing existing property but there is a limit in terms of what new can come on the tax rolls. The Town has a lot of opportunity for growth, or certainly more opportunity for growth than the Village does. The opportunity for the cost of services that can be done on a townwide basis is going to save all residents because the base grows. As the base grows the distribution is better. It seemed to make more sense that it should be a townwide police force funded town-wide so that all the residents pay the same rate through their town taxes and it would become a Town Police Department.

    Councilperson Nawrocki - We have all seen that the growth is occurring primarily outside the Village today, which means that if the Village is currently going to maintain this 25% share they are going to have to burden that 25% share against a fiscal base that is not growing as rapidly as the base of assessed values in the Town outside of the Village. Which means over time if we maintain the current model the Village would continue to pay a higher and higher rate and the Town might flatten out.

    Chief Ellis - We currently have five (5) full time officers, one (1) part time and one (1) part time clerk.

    Supervisor Hammond - This Board has chosen to take this to referendum (a vote) without going to permissive and waiting for signatures.

    Councilperson Kenyon - The Town Board decided not to contract with the Village anymore for police services. Because of the legal responsibilities to the contract we had to provide notice to the Village in advance before the contract rolled over. It is fully our intention to continue with the Police Department in the Town of Macedon.

    Councilperson Nawrocki - Same officers, same level of service

    Councilperson Kenyon - We feel that it is an important service to provide to the residents. It is our obligation as trustees to see to it that it continues. The reason we had done this is because of the dialogue between the Village and the Town as to what the Town was going to do what the Village was going to do and was it 75% or was it 82%. It seems to make sense to us that this was a better way to go. We believe that if we put the Village on notice then the Village would take appropriate action and see the merit in what we were doing and move forward with the process. We can not control what the Village Government does. Those questions, if you are a Village Resident, should be directed to the Village Government. Our goal is to continue to move forward with the process. It is fully our intention to have a police force. If the Village continues to have a police force of their own then we will make adjustments to that affect and develop our own, which doesn't make a lot of sense to me as a tax payer, but if that is the case then than is where our intention would be to continue to move forward. The Village needs to manage its own affairs and decide how they want to deal with it themselves. Then we can take appropriate action. If the Village no longer has a police force then it would be our intention to make sure that we can provide that service to the Village through the Town police force. If the Village continues to have a police force then the Town will have its own police force outside the Village. Then it would be up to the Village Residents to support their police force and the Town Residents to support their police force. There are

    NO. 16 PAGE 6

    JULY 8, 2004

    really two (2) parts to the resolution. The question that I have is if we are only required to put the housing part up for referendum and not whether we have a police force do we put one up without the other.

    Councilperson Nawrocki - We also have to prepare ourselves for either situation. If the Village fails to act then we have to be prepared to create a town-wide force outside the village. If the Village takes action to dissolve the police force concurrent and consistent with the timetable that we have given them then we can take a different path. We have to be prepared to go either way depending upon what course the Village takes between now and the November election. It is our intent to go one of those ways.

    Councilperson Kenyon - If the Village dissolves the Police force and we go town-wide then the Town taxes based on current assessed values there would be an $.11/1000 increase in whatever your assessed value is.

    Supervisor Hammond - That is not based on the new assessed values coming forward. We are not saying that the Village residents would be saving money. It would spread the cost equitably among all residents. I have no disagreements with Mayor Hoteling that perhaps Village residents have been paying more than their fair share with the 75/25 split being based on the numbers of calls. I don't think that percentage of 25/75 isn't accurately reflected in the taxable assessed value on Village and Town. So probably a Village resident is paying more than what they should be.

    Chief Ellis - The calls have been averaging about 79-80% and as high as 85% for the Town outside the Village.

     

    Councilperson Kenyon - Every single person in the Town of Macedon, if the plan that we have described occurs, would be paying the same amount for police services. As a Town resident I have been having the advantage of police services for less than my fair share for as long as there has been a police department. Now this is going to shift the burden to a more equitable distribution amongst all the residents of the Town so that the people in the Village aren't disadvantaged and the people in the Town aren't unfairly advantaged. Everybody pays the same rate for the services that we enjoy and that is what the issue is.

    An individual in the audience asked why we can't use the Sheriff's Department to assist the police and not use as many police department for the Town outside the Village.

    Councilperson Kenyon - The Sheriff's Department doesn't have the personnel now to deal with what we have to deal with. Frankly, you would not have the coverage of service that you have today or the response time. Should you need a Sheriff and you called 911 and there is a Sheriff in the area that is great. That may not always be the case because they back each other up across the county. I am sure we could have people come in and talk about it if that was necessary. The Sheriff's road patrols are all over the county and their manpower is essentially augmented by the police departments that are throughout the county. They help manage the issues that happen.

    Councilperson Nawrocki - If you were not here last year at budget time we had overwhelming endorsement from both citizens and business people in our town for the service that they were getting from our local force and that sat very well with me. And I know many of my fellow board members want to retain that level of personal service. I think we have a fine police department serving our town today. I would like to have them have the ability to focus on what they do well and not be affected by what is perceived as power struggles and one-upmanship that the press has characterized this as. This is nothing more than us exercising the only legal authority that we have to take control and form a police department which is our responsibility based upon what we heard from our Town residents.

    Frank Enos spoke in favor of a local police force.

    NO. 16 PAGE 7

    JULY 8, 2004

    Tom Littlefield spoke in favor of a local police force.

    Frank Enos - I don't like to come to a budget hearing stating that Mayor Hoteling decided he needed a new building and our taxes have to pay for it.

    Councilperson Nawrocki - That is the point about control. You cut your grass every week. If you use a tool twice a year you rent it. If you need it three weeks out of every month you buy it. It is too much of a pain to go rent it. Right now we are renting a police force for three weeks out of every month and we continue to grow and we are going to continue to grow rapidly. We have had petition after petition to rezone for commercial development. Monroe County is at our door. I do not want to have to beg for services from Lyons. We want control. We want the local level of service that we are experiencing today.

    Chief Ellis - With respect to R News, I want to go on record that when I was called by them I opted not to go on television. Neither myself nor any member of my staff mentioned anything about a power struggle. We did not use that terminology. Secondary to that, myself nor my staff did anything to bring upon any of this between the Town and the Village. We have simply been out here doing the job to the best of our capabilities. We will continue to do that until the people vote us out. And that is for the record.

    Attorney Anthony Villani - Talked to the chief attorney at the Office of the Comptroller yesterday and to my surprise that opinion was reaffirmed in October 2003 so that is the law. The practical effect is as follows: it means that for a Village resident even if the Village kept its own police department of (4) four or more the Village residents would still pay for any capital expenditure on the Town department. It is not a complete exemption. It is only a partial exemption. If the Town built a police department or a garage to house the department that cost is going to go to a Village Resident whether the Village has a police department or not. Which really was a surprise to me. The Comptroller has said that because the statue only says operation and maintenance it only means operation and maintenance and does not mean general cost. Town Law requires that your resolution to buy, lease, construct, alter real property for housing of a police department is subject to referendum. If you decide to build that referendum would be open not only to town residents but also village residents. If you decide to lease that would not be capital expenditure. That would be operation and maintenance. So in that case your resolution would only be the town. I need direction from the Board as to which way you want me to go. I don't need an answer tonight.

    Councilperson Kenyon - If we decided to lease the building across the street, we would determine how much that is and then we would put that up on referendum for the 2005 fiscal year.

    Attorney Villani - Shall the Town expend X dollars to lease property located at such and such for purposes of housing a police department. That would be the proposition that would be submitted.

    Councilperson Kenyon - Two years down the road if we decided to build a place then we would have to put that up for referendum.

    Attorney Villani - You would only have to put the lease up once. It is just when you alter it that you are required to put it up for referendum. You don't have to mention the amount unless you are bonding. It is a current expenditure so the amount is not in the proposition. The referendum would be to lease. That referendum would only be voted on by outside Village residents if the Village maintains a police department of four (4) or more officers. If you build then that resolution would be open to both Village and Town residents whether the Village has their own police department or not.

     

     

    NO. 16 PAGE 8

    JULY 8, 2004

    Councilperson Kenyon questioned the law allowing the Town Board to create a police department and then require a referendum to house the police department. Councilperson McEwen understands that the law is not that old to allow the creation of the department.

    Attorney Villani - The resolution creating the Police Department must also appoint a Chief of Police. As soon as you create a department you will have payroll. You may not have anywhere to put the Chief. The first decision is how you house this department and that will impact who will vote. If you decide to house this department through a lease then only the town outside Village would vote. If you decide to build, or alter the Town Highway Barns, or acquire land, then everybody will vote on that proposition. That is separate from the resolution to create the department and appoint the Chief of Police. You can do that at anytime. That is not subject to the referendum. It might be a little misleading to voters to say "Shall the Town acquire this for a Police Department. Depending on how you house it is going to affect the voting on this. What the Comptroller is saying is that the Village's exemptions from contributing to town taxes does not include capital expense.

    Councilperson Nawrocki - The police would like to talk to us about what our intents are. We can't legally talk to them because they are Village Employees. Our contract is with the Village. We can' t enter into negotiations because they are employed by another municipality.

    Councilperson Maul entered the meeting at 9:02 p.m.

    Attorney Villani - In summary, the Comptroller reaffirmed its old decision just last year and held that although a Village with four (4) or more police officers is exempt from operation and maintenance it is not exempt from capital expenditures. That means if you build the Village taxpayers will be responsible for it whether they have their own force or not. The immediate question is if that is so and if you are going to build the Village Residents would be able to vote on the resolution. If you lease they would not because that would be operation and maintenance.

    Councilperson Nawrocki - We wanted to retain control of having the referendum be concurrent with the general election in November. In order for us to do this we could not allow a permissive referendum to be raised because the timing would have been so close. We could have been having a permissive referendum vote the second week of October and a general election with a huge turnout two weeks later because of the legal timing.

    Attorney Villani - Will look at timelines that the resolution must be passed.

    Councilperson Kenyon - Believes that it is the Board's responsibility to decide whether the Town has a Police Department or not. It is up to the taxpayers if they want to fund the housing.

    Supervisor Hammond - The resolution could be as simple as asking the voters to approve an X amount of money to lease a facility for a Police Department.

    Councilperson Maul - The only thing that the Village decision changes is who our Police Force would be. We have an expectation that it would be the same guys that we have today. Whether the Village does this or not only affects who we might have as our Police Department. Our actions going forward need to be independent of that. We have to put a referendum up for a vote. The only thing we have to have in there is the item about the housing. The discussion is whether the referendum should be the formation of the department as well as the housing or whether we should just resolve the existence of the department because we can do that without a vote. I would like to follow through what I told Officer Ellis and his men which is we are going to have a Town Police Department.

     

     

    NO. 16 PAGE 9

    JULY 8, 2004

    Attorney Villani - To create the Department is not subject to referendum. To dissolve it would be subject to referendum. You have to create a Department and appoint a Chief of Police.

  4. The Aldrich Change Bridge dedication will take place on Saturday, July 10, 2004 at 10 a.m. in Aqueduct Park.
  5. A letter from Sandy Pagano dated June 24, 2004 offering the proposition of hiring Sandy as the Town's public relations person. Supervisor Hammond previously discussed holding a farmer's market on Wednesday evenings at the Town Hall with the Town Board. The farmers would supply the town with a hold harmless statement and the Town's insurance would cover the event. Sandy suggested moving it to I. Gordon's location for a larger venue and more accessibility off Route 31. The Town could not participate in fees and insurance coverage if it is held off Town property.
  6. Currently Macedon is promoted at a county level. The Town does not have funds in the budget to hire a public relations person this year. The creation of a position would also have required advertising for the position.

  7. Cleary Insurance Agency advised that as long as the Town is not charging a fee for the use of the Aldrich Change Bridge, the liability coverage would be included at no additional cost. Supervisor Hammond is looking into the value of the bridge for property coverage.
  8. Robert Diener, Wayne County Real Property Tax Services requested Albany review their "Notice of Determination of Board of Assessment Review" notification form RP-525. The Board of Assessment Review would like to see further explanation of their decisions that would explain the evidence that supports a partial reduction of assessment.

ABSTRACT NO. 7-04

CLAIM NOS. 9113-9280 EXPENDITURES IN THE AMOUNT OF

$119,184.43

RESOLUTION NO. 164 (04) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY NAWROCKI, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 165 (04) FEE SCHEDULE AMENDMENT

RESOLVED to accept the proposed fee schedule revision from Scott Allen, Town Engineer dated July 8, 2004 to be effective July 9, 2004.

MOTION BY NAWROCKI, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 166 (04) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 10:17 p.m. to discuss litigation.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 167 (04) OPEN SESSION

RESOLVED the Board return to Open Session at 11:15 p.m.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

NO. 16 PAGE 10

JULY 8, 2004

MOTION BY HAMMOND, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:20 PM.

 

 

_______________________________

Judy W. Gravino, RMC

Town Clerk

TOWN OF MACEDON

2004 FEE SCHEDULE

PAGE 1

1.) Plans Submitted to the Planning Board for Approval:

A.) Residential Submissions - Site Plan / Subdivision Approval

1.) Planning Board Application Fee

Sketch Plan $25 + $5/lot or unit

Preliminary/Final $50 + $10/lot or unit

2.) Engineering Review Fee

Sketch Plan $60 + $5/lot or unit

Preliminary/Final

1-10 lots $150/lot or unit

11-100 lots $1,500 + 40/lot or unit, ea. lot over 10

100+ lots $5,100 + 20/lot or unit, ea. lot over 100

At the recommendation of the Town Engineer and authorization of

the Town Board, outside professional engineering, planning and/or

legal services may be contracted to assist the Town in its review

of the Application. The project Applicant shall be responsible for

reimbursement of all fees relative to the Application submitted.

3.) Percolation Test Witnessing

Single Lot $125/lot

Multiple Lots $100/lot

4.) Public Hearing Sign Fee $25

B.) Commercial / Industrial Submissions - Site Plan / Subdivision Approval

1.) Planning Board Application Fee

Sketch Plan $50

Preliminary/Final $100 (min.) + $0.01/s.f.

2.) Engineering Review Fee

Sketch Plan $60 (min.) + $0.01/s.f.

Preliminary/Final

0-500 s.f. $180 (min.)

501-1000 s.f. $360

1,001 -10,000 s.f. $360 + $0.10 / s.f., ea. s.f. over 1K

10,000-100,000 s.f. $1,260 + $0.04/s.f., ea s.f. over 10K

100,000 s.f.+ $4,860 + $0.02/s.f., ea s.f. over 100K

At the recommendation of the Town Engineer and authorization of

the Town Board, outside professional engineering, planning and/or legal

services may be contracted to assist the Town in its review of the

Application. The project Applicant shall be responsible for

reimbursement of all fees relative to the Application submitted.

 

 

PAGE 2

3.) Percolation Test Witnessing

Single Lot $125/lot

Multiple Lots $100/lot

4.) Public Hearing Sign Fee $25

C.) Mixed Use Planned Developments - Site Plan / Subdivision Approval

1.) Planning Board Application Fee

Sketch Plan $75 + $5/lot or unit residential

Preliminary/Final $150 + $10/lot or unit residential +$0.01/s.f. commercial/industrial

2.) Engineering Review Fee

Sketch Plan $120 + $5/lot or unit residential + $0.01/s.f. commercial/industrial

Preliminary/Final

Fee calculated by adding Preliminary/Final review fees

from Residential and Commercial/Industrial Engineering schedules

At the recommendation of the Town Engineer and authorization of

the Town Board, outside professional engineering, planning and/or

legal services may be contracted to assist the Town in its review

of the Application. The project Applicant shall be responsible for

reimbursement of all fees relative to the application submitted.

3.) Public Hearing Sign Fee $25

D.) Realty Subdivision Submissions (no site plan development)

1.) Planning Board Application Fee $75

2.) Public Hearing Sign Fee $25

    1. All other applications to the Planning Board, including; Home Occupation, Sign Permit, Fill Permit, Grading Permit, Pond Permit, Kennels and Veterinary Clinics, Rooming Houses, Windmills, Stables and Riding Academies, Residential Conversions, Tourist Bed and Breakfasts and Public Markets.

1.) Planning Board Application Fee $75

    1. Engineer Review Fee (only for applications as listed below)
    2. Fill Permit 500 c.y. and greater $25

      Grading Permit

      Pond Permit

    3. Public Hearing Sign Fee

(if required by Planning Board) $25

 

 

 

 

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2.) Letters of Credit or other financial surety acceptable to the Town shall be filed for

developments approved with facilities subject to dedication to the Town. See Public

Works Requirements.

3.) Signs – Each Permit $25

4.) Appeals Board Applications -

Residential $50

Commercial & Industrial $75

Public Hearing Sign Fee $25

Request of Interpretation/Appeal of a

Decision by the Zoning Officer $100

5.) Zoning Change - Application $500

Plus legal fees and advertisement, includes requests for amendments to zoning an/or non-conforming uses and expansions thereto. Modification costs to the Zoning Map will be the responsibility of the applicant.

Engineering Review Fee $180

Public Hearing Sign Fee $25

At the recommendation of the Town Engineer and authorization of the Town

Board, outside professional engineering, planning and/or legal services may be

contracted to assist the Town in its review of the Application. The project

applicant shall be responsible for reimbursement of all fees relative to the

application submitted.

6.) Zoning Violation Fee $250

Plus court costs and legal fees

  1. Special Use Permit

Application Fee $20/Year

Permit Fee As Applicable – Minimum $100

8.) Temporary Use Permit – Application $20

- Permit $100

9.) Certificate Of Compliance /Certificate of Occupancy Fee $25

10.) One / Two Family Building Permit / C of O

$0.10/s.f. ($200 min)

Multiple Dwellings Building Permit / C of O

$20 / unit + $0.10 / s.f.

At the recommendation of the Town Engineer and authorization of the Town

Board, outside professional code review services may be contracted to assist the

Town in its review of the Building Permit Plans. The project Applicant shall be

responsible for reimbursement of all fees relative to the Application submitted.

 

 

 

 

 

 

 

PAGE 4

  1. Escrow Deposit (Residential) – A builder surety for each permit for new

construction (to assure proper final cleanup, grading, landscaping, seeding, driveway

work in public right-of-way, or other special work) payable to the Town Clerk with

each building permit fee (Refundable) $500 - new single family

Escrow Deposit for Addition/Alteration Permits $100 (Refundable)

Single Family and Duplex Residential Only

(Sheds & Fences Exempt – 10/8/95)

Escrow Deposit – Commercial/Ind./Multi-family $500 min. /$20,000 max.

1% of Total Project Cost (Refundable)

New construction and additional/alteration

12.) Recreation Fee

Per Living Unit, including singles, doubles, apartments, townhouses and condominiums, including residential conversions - $600

NYSDOH Independent Living, Shared Housing, Proprietary Home, Enriched

Living and Age Restricted Senior Apartment Housing - $350 / living unit

Nursing Homes / facilities with non-mobile residents - No Fee

13.) Sewer Connect Charge – Gananda $400

- Macedon $1,000 Min.

per unit or actual cost, whichever is greater

Sewer Permit Fee – Macedon $10

Inspection Fee – Gananda $50

  1. Formation or extensions of improvement districts (e.g. water & sewer district

extensions, lighting district/extension).

  1. The applicant shall pay the actual cost of review by the town attorney and town Engineer and such other costs incurred by the town for the formation or extension of improvement districts.

15.) Permits for NEW and ADDITIONS to existing Commercial and Industrial

calculated on square footage of usable floor area.

$0.10/s.f. ($200 min)

At the recommendation of the Town Engineer and authorization of the Town

Board, outside professional code review services may be contracted to assist the

Town in its review of the Building Permit Plans. The project Applicant shall be

responsible for reimbursement of all fees relative to the Application submitted.

16.) Erection of structures devoted sole to religious purposes

$0.10/s.f. ($100 min)

 

 

 

 

 

 

 

 

 

 

PAGE 5

17.) Additions / Renovations to Existing Residences $50 (min.) + 0.05/s.f.

Includes finishing basements/bonus rooms, renovations involving structural work / wiring

(Not included: paint, drywall, minor repairs, siding)

18.) Accessory Buildings and Structures, including storage sheds $25

19.) All Swimming Pools / Hot Tubs $30

  1. Residential Satellite Dishes Larger Than 2’ diameter,
  2. And Residential Use Antenna $25

  3. Building Permit Renewal - Subject to Plan Review under Current Building Codes

$25 (minimum)

22.) Decks, Breezeway, Roof, Patio, and Carports $45

23.) Cellars Installed Under Existing Houses $250

24.) Conversions of Any Structure to Increase Residential Units $200/unit

25.) Campground – Application $20

- Permit $150

26.) Commercial Recreation – Application $20

- Permit $100

  1. Conservation Fees, Games of Chance, Marriage, Death, Bingo, Burial Certificate

Fees Shall Be Set By NYS.

28.) Fence Permit $25

29.) Fireplaces, Solid Fuel Heating Devices, Chimney and Flue Permits $30

30.) Fuel Storage Tank Installation $30

31.) Garage Attached or Detached $60

32.) Greenhouses – Commercial $40

- Residential $10

  1. Fill Permit

For materials meeting NYSDEC exemptions for C&D Landfill, per 6 NYCRR § 360-7.1 (b)

Up to 100 cubic yards $40

101 - 500 cubic yards $75

501- 9,999 cubic yards $150

10,000 cubic yards and greater $250

Escrow Fee (up to 100 cy) $100

Escrow Fee (over 100 cy) $100/acre surface area, $200

Minimum

(Time duration of permit to be set by Planning Board)

 

 

 

 

 

 

 

PAGE 6

34.) Mobile Home Parks $1/Unit/Yr.

With Minimum Fee of $50/Yr.

35.) Mobile Home Replacements $50

36.) Temporary Mobile Units For Office Space $10

37.) Moving Buildings Via Public Highway $50

(Plus Surety Accepted By Town Board Relieving Town of Liability)

38.) Commercial Excavation (Mining)

Application $20/Yr.

Permit Fee $150/Year (less than 1000 tons)

$300/Year (over 1000 tons)

Town Engineer Review Fee $150/Year

39.) Peddler’s/Solicitor’s Permit $200 Annual

40.) Pole Barns $60

  1. Site Development Grading Permit

Less than 5 acres/Less than 100 cubic yards $75

Over 5 acres/More than 100 cubic yards $150

42.) Returned Check Fee $15

43.) Re-Call Inspections Per Visit

Residential $65

Commercial/Industrial $85

44.) Removal of Com/Ind Stop Work Order $100

45.) Remove Residential Stop Work Order $50

46.) Private Airstrip – Application $20

- Permit $100

47.) Repealed 7/8/04

48.) Utilities Highway Permit At Cost

49.) Code of the Town of Macedon (Complete) $150

50.) Zoning Ordinance $20

51.) Land Use & Subdivision Requirements $20

52.) Town Map $1

53.) Utility Map Copies $2

 

 

PAGE 7

54.) Wayne County Map $1.50

55.) Town of Macedon Zoning Map $5

56.) Duplication Fee $.25/Page

57.) Flood Ordinance (Excerpted From Ordinance) $5

58.) Sign Ordinance (Excerpted From Ordinance) $2.50

59.) Dumping Ordinance $1

60.) Electrical Ordinance $1

61.) Fee Schedule $2.50

62.) Board of Appeals & Planning Regulations $2.50

63.) Local Dog License Fee $2.50

64.) Home Occupation Permit Fee $25

(For All Permits Requiring Annual Renewal)

65.) Computerized Mailing Labels $175

Adopted 8/25/94 – Resolution 276 (94)

  1. Bullis Park Pavilion Fee

Pavilion Fee – Upper Pavilion $30

Lower Pavilion $25

Business/Clubs/Organizations $75

*Macedon taxpayers are exempt with proof of residency

at time of reservation.

*Local Macedon not-for-profit groups are exempt

(The Board reserves the right to waive these fees under

special circumstances)

Concession Stand

$30 non-refundable deposit at time of reservation

$10 per hour for concession stand manager (deposit

credited toward cost)

67.) Pond Permit $40

68.) Windmill Permit $75

69.) Demolition Permit $25

70.) Cellular and Wireless Communication Tower Fees:

New Tower – Special Use Permit

Town Board Application Fee $3,000

Town Engineer Review Fee $1,000

Public Hearing Sign Fee $25

 

 

 

 

 

 

 

PAGE 8

At the Town Board’s discretion, outside professional engineering, planning, and/or legal services may be contracted to assist the Town in its review of the application. The project Applicant shall be responsible for reimbursement of all fees relative to the application submitted.

Annual Special Use Permit Application Fee (per tower) $20

Annual Special Use Permit Renewal Fee (per tower) $350

Building Permit Fees (includes all inspections and C of O)

At time of the extension)

Antenna

(up to same height)

Accessory structures only

(generators, utility buildings, fencing)

71.) Foundation Permits Fee shall be charged as the complete fee for construction of the entire structure, per the current fee schedule.

AMENDMENT: This fee schedule may be amended from time to time as necessary upon resolution of the Town Board.

SEVERABILITY: If any clause, sentence, phrase, paragraph or part of this fee schedule shall be adjudged by a court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder of this fee schedule but shall be confined in its operation to the clause, sentence, phase, paragraph or part thereof directly involved in the controversy or action in which such judgement shall have been rendered.

Adopted and Effective Date: February 8, 1990

Amended: January 9, 1992

Amended: March 20, 1994, Effective April 1, 1994

Amended: January 2, 1996, Effective January 3, 1996

Amended: March 28, 1996, Effective March 28, 1996

Amended: January 2, 1997, Effective January 3, 1997

Amended: January 5, 1998, Effective January 8, 1998

Amended: March 12, 1998, Effective March 12, 1998

Amended: January 4, 1999, Effective January 4, 1999

Amended: January 3, 2000, Effective January 3, 2000

Amended: January 13, 2000, Effective January 13, 2000

Amended: March 23, 2000, Effective March 23, 2000

Amended: January 4, 2001, Retro-active to January 1, 2001

Amended: January 3, 2002, Effective January 4, 2002

Amended: February 14, 2002, Effective February 15, 2002

Amended: January 2, 2003, Effective January 3, 2003

Amended: July 8, 2004, Effective July 9, 2004