NO. 3 PAGE 1

January 27, 2011

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held January

27, 2011 at the Town Offices, 32 Main Street in the Village of Macedon and 2500 US Highway 27 South, Clermont, Florida was called to order by Supervisor William Hammond at 7:30 p.m.

Pledge of Allegiance

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

Councilperson……….David Maul

Councilperson……….David McEwen – via web

Councilperson……….Cassandra Pagano

Supervisor…………...William Hammond

Absent: Councilperson……….Paul Kenyon

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

Highway Supt…………Richard Roets

Police Chief……………John Colella

Town Clerk...……….…Judy Gravino

Kassidie Bowers & Katelin Daniel with Troop 1410 requested permission to work on their Girl Scout Silver Award by establishing a nature sight at Bullis Park. The project would include a stepping stone path, trail, bench, flowers, bird bath and feeders. Materials would be requested as a donation from area stores. The consensus was to proceed.

RESOLUTION NO. 37 (2011) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of January 13, 2011 as presented.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 38 (2011) AMEND JANUARY 6, 2011 ORGANIZATIONAL MEETING MINUTES

RESOLVED the Town Board amends the January 6, 2011 Organizational Minutes as follows:

Resolution No. 1 (2011) 19 & 20 – remove Joan Hanfield & Catherine Read – Library Board Members – indicate vacant (Library Board Bylaws do not allow an individual to serve beyond two terms. They must be off for one year before serving again.)

Resolution No. 16 (2011) remove Elizabeth Malcolm – Cheerleading (Per Norb Miller Elizabeth is no longer in the program.)

Resolution No. 5 (2011) Edward O’Konsky Full Time – (Listed as PT)

AND BE IT FURTHER RESOLVED the Town Clerk is hereby authorized to advertise for two (2) Library Board Members.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

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January 27, 2011

RESOLUTION NO. 39 (2011) AMEND RESOLUTION NO 31 (2011) PUBLIC HEARING SCHEDULED – PROPOSED LOCAL LAW NO. 1-2011 REZONING

RESOLVED the Town Board amends RESOLUTION NO. 31 (2011) to read as follows:

RESOLVED the Town Board schedules a public hearing to be held on February 10, 2011 at 7:45 p.m. at the Macedon Town Hall, 32 Main Street, Macedon, NY 14502and 2500 US Highway 27 South, Clermont, Florida 34714 to hear and consider public comment in regard to rezoning approximately 79.7 acres of land located on the south side of Macedon Center Road between Scott Road and Walworth Road from AR-40 (Residential) to ORM (Office, Research & Manufacturing).

MOTION BY HAMMOND, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 40 (2011) HISTORIAN APPOINTED

BE IT RESOLVED the Supervisor designates June Hamell as Town Historian effective January 27, 2011 and

BE IT FURTHER RESOLVED that the Town Board establishes the salary at $3,094 annually prorated from date of appointment.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

June currently works in the Library and has been very active with the Bullis Collection. She has filled in for Helen Burgio in her absence.

RESOLUTION NO. 41 (2011) ASSESSING REVIEW BOARD RESIGNATION – BECKENBACH

RESOLVED the Town Board regretfully accepts the resignation of Jim Beckenbach effective January 20, 2011 and

BE IT FURTHER RESOLVED the Town Board authorizes the Town Clerk to advertise for the vacancy with term to expire 9/30/2011.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

The Board thanked Jim Beckenbach for years served.

ABSTRACT 1-2 (2011)

Claim No. 23477 Expenditure in the amount of $69,000

ABSTRACT 1-3 (2011)

Claim No. 23478 Expenditure in the amount of $90,000

RESOLUTION NO. 42 (2011) PAYMENT OF CLAIMS

RESOLVED the Board authorizes the payment of bills as audited and previously authorized on January 13, 2011.

MOTION BY PAGANO, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Chief Colella discussed off site data storage with the Town Board. Integrated Solutions will attend a board meeting to discuss a proposal. Other options were discussed.

The Traffic Safety Initiative Campaign will begin on January 31, 2011 with Motorist Awareness.

Attorney Anthony Villani will look into options of recouping funding for state mandated digital fingerprinting, which has an annual user fee of $5,200.

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January 27, 2011

The lockers and benches have been received from Kodak at the Police Department.

Mark Wiener, Erie Street, questioned the Board regarding county tax on WalMart clothing. Supervisor Hammond stated this is a County agreement that has been on the books for years. He expressed his frustration with the Assessor and Assessing Review Board due to the 23.55% increase in assessment. The Board informed Mr. Wiener they have no authority over the Assessor with assessments nor would he want them to have the ability to influence her. Councilman Maul has a meeting with the Assessor and will review it.

The Supervisor and Town Clerk have been meeting to update the Employee Handbook. Changes will be distributed to the Board to review before accepting.

RESOLUTION NO. 43 (2011) TOWN CODE CHAPTER 23 AMENDMENT

RESOLVED the Town Board amends the Macedon Town Code Chapter 23-3(A) remove Water and Chapter 23-5(F)(1) calendar week Saturday to Friday.

MOTION BY PAGANO, SECONDED BY MAUL

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN ABSENT (off line),

PAGANO AYE, HAMMOND AYE MOTION CARRIED

The Town Board feels strongly that tax caps infringe upon the home rule. Our Town strives hard to keep manageable proper budgeting. If a tax cap is imposed, budget flexibility will be limited and towns will be forced to limit services.

RESOLUTION NO. 44 (2011) PROPERTY TAX CAP

WHEREAS, towns provide services to more than eight million New Yorkers, yet account for less than 15% of the overall real property tax burden; and

WHEREAS, towns are uniquely dependent upon the real property tax to fund town services, more so than counties, cities and villages in that towns do not have the authority to levy sales taxes, occupancy taxes, gross receipt taxes or income taxes; and

WHEREAS, non property tax revenues (e.g. mortgage recording taxes (fell by $164 million from 2006 to 2008), sales taxes (declined by $30 million from 2008 to 2009), and state/federal aid/grant programs (State AIM decreased by 5%) are subject to market fluctuations and the ability of the federal, state and county governments to share revenue with towns; and

WHEREAS, many town expenses are dictated by compliance with federal and state mandates, most notably: stormwater management, prevailing wage, procurement requirements, collective bargaining procedures, and the administration of real property exemptions; and

WHEREAS, New York State has primarily provided real property tax relief through ad hoc property tax exemptions rather than comprehensive property tax reform, resulting in a tax shift rather than a tax reduction as well as additional administrative and litigation costs; and

WHEREAS, simply capping property taxes will not reduce the cost of health care, mandate compliance, pension contributions or the public’s expectation of governmental services; and

WHEREAS, the Town of Macedon have taken initiative in lowering property taxes through staff and salary reductions and program cuts; NOW THEREFORE BE IT

RESOLVED that based upon Home Rule principles the Town of Macedon has traditionally opposed state mandated property tax caps; and

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January 27, 2011

BE IT FURTHER RESOLVED that the Town of Macedon calls upon the Governor and Members of the State Legislature to fund and/or eliminate state mandates, reform the real property tax system and address cost drivers in the provision of local government services/operations before implementing a property tax cap; and

BE IT FURTHER RESOLVED that in order for a real property tax cap to lower property taxes while ensuring the delivery of essential services the program must include at a minimum:

• Exemptions for structured costs such as pension contributions, debt service, contract obligations, reductions in state or federal aid and emergencies and costs associated with unfunded and underfunded mandates;
• Hardship relief on a case by case basis;
• Mandate relief and reform;
• Increased and predictable state revenue sharing and aid formulas;
• Additional locally generated revenue streams;
• A defined floor of four percent with the possibility of an increased cap based upon a percentage of inflation; and
• Local override by supermajority vote of the town board.

MOTION BY MAUL, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

On January 24, 2011 the Town of Macedon Planning Board Clerk received a letter from the Village of Macedon, Mayor James Hoteling, dated January 10, 2011. The Village Board asked for the Macedon Planning Board’s input in regard to the application from Robert Palmiere to erect a billboard sign in front of the Waste Water Treatment Plant the Village received on December 13, 2010. Notification to the Town was required due to the fact that it is within 500’ of the municipal boundary. This project consists of the construction of a 280 square feet 24’ high digital billboard. It is an “Incentive Zoning” application, whereby the applicant would donate 2.3 acres of vacant land adjoining Gravino park in exchange for leasing a 50’ x 60’ parcel from the Village to erect the proposed sign. Land to be donated by the applicant will be used to redevelop and expand Gravino Park. The proposed sign would also be used as a “community bulletin board” as needed to display community service messages. A DOT permit is required. A letter dated July 31, 2006 explains the proposed development of the donated property to be subdivided into two parcels with slab-on-grade building and associated site work for parking areas and stormwater retention.

RESOLUTION NO. 45 (2011) VILLAGE SIGN APPLICATION REFERRAL

RESOLVED the Town Attorney be authorized to write a letter on behalf of the Town Board for the Supervisor’s signature opposing the Palmiere application for a 280 square foot illuminated digital sign on Route 31 in the Village of Macedon.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

DOT currently plans to bid the replacement of the Canandaigua Road Bridge over the Erie Canal in December 2012, with construction occurring throughout 2013.

Supervisor Hammond attended a meeting on Emerald Ash Borers. The Borer is an invasive insect recently discovered in several regions of New York. Recommendation was made to inventory and budget to replace trees on a yearly basis. There is a chemical wash that can be administered annually around the base or injected into the tree. The cost to treat is very costly. The Town will look into how many Ash trees owned by the Town.

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January 27, 2011

New state regulations allow snowmobiles to use the Canalway Trail with the support from the municipality by passing a resolution. The municipality has the option to continue prohibition along its stretch of the trail. These regulations apply to lands under the jurisdiction of the Canal Corporation. If the municipality consents, snowmobile organizations would be required to apply for a permit.

Community activities can now be posted on the town’s web site.

A meeting with the school and Supervisors from Palmyra Macedon, Walworth and Ontario will be held to discuss how some county supervisors are interested in taking taxes back from schools.

Chief Colella reported the Canandaigua Road Bridge barricades are in place with chains.

RESOLUTION NO. 46 (2011) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:06 p.m. to discuss a particular personnel matter.

MOTION BY HAMMOND, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 47 (2011) OPEN SESSION

RESOLVED the Board returns to Open Session at 9:54 p.m.

MOTION BY PAGANO, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 48 (2011) POLICE APPOINTMENT - CLINGERMAN

RESOLVED the Town Board appoints John R. Clingerman to the position of part time investigator, rate of pay to be determined effective 1/28/2011.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY PAGANO THAT THE MEETING BE ADJOURNED AT 9:55 PM.

_______________________

Judy W. Gravino, RMC

Macedon Town Clerk