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OCTOBER
13, 2011
WEB
SITE http://macedontown.net
A Regular Meeting of the Town
Board of the Town of
Pledge of Allegiance
Upon Roll Call, the following members of the Board were present:
Councilperson……….Paul Kenyon
Councilperson……….David Maul
Councilperson……….David McEwen
Councilperson……….Cassandra Pagano
Supervisor…………...William Hammond
Also Present: Highway Supt………..Richard Roets
Police Chief………….John Colella
Town Attorney……….Anthony Villani
Town Clerk...…...……Judy Gravino
RESOLVED the Board approves the minutes of September 22, 2011 with the following corrections:
Resolution No. 183 (2011) Local Law No. 2 shall be amended to be styled Local Law 1 (2011) Granting Additional Authority To Regulate Traffic In Parking Lots for the purposes of filing with the Secretary of State
(proposed Local Law No. 1 AEY Rezoning was not adopted) and
BE IT FURTHER RESOLVED Resolution No. 185 (2011) Local Law No. 3 shall be amended to be styled Local Law 2 (2011) entitled a local law to override the tax levy limit established in General Municipal Law 3-c for the purposes of filing with the Secretary of State.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
CORRESPONDENCE – The Supervisor presented the following:
Town Clerk September Monthly Report
Building/Zoning Quarterly Report
Police Department September Agenda
Police Monthly Incident Report September
Historian Monthly Report
RESOLUTION
NO. 189 (2011) APPROVAL OF
MINUTES
RESOLVED the Board approves the minutes of October 6, 2011 – Budget
Workshop meeting as presented.
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Town Engineer Scott Allen is currently reviewing the Village Sewer Use Contract and will present a version for the Town at the 10/27/2011 meeting. The Board will set a public hearing at that time.
The Town Clerk received one (1) sealed bid from A.E.Y. in
the amount of $100,000 for a parcel of land located at
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OCTOBER
13, 2011
Highway Superintendent Richard Roets
reported the binder was finished on
The Court audit has been completed and will be presented to the Town Board for examination as soon as the report is completed. Court books will also be available.
7:45 PM – PROPOSED
LOCAL LAW NO. 2 PUBLIC HEARING
Local Law No. 2 of 2011 is a local law to override the tax levy limit established in General Municipal Law 3-c
RESOLUTION
NO. 190 (2011) WAIVE
WHEREAS the legal notice was published in the October 2,
2011 issue of the
RESOLVED the Town Board waives reading of the legal notice.
MOTION BY MCEWEN, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Supervisor Hammond and Councilman Kenyon attended a meeting on the Property Tax Cap. There are so many uncertainties regarding the new tax cap regulations and no answers. Details of the new cap are confusing. What is legal today might not be next week. The waiver is not to avoid keeping taxes low, but to avoid any potential problems. By adopting the tax levy limit override the Board is protecting the Town from future penalties or fines. If the Comptroller’s Office performs an audit in the future and finds an error, due to all the variables associated with this regulation, the Town would be required to place the monetary difference into a reserve fund immediately and apply it to the next year’s budget. The Macedon Town Board does not expect to exceed the limit of the tax cap. This tax cap is 2% on the tax levy, not 2% on the tax rate. In August our representatives voted on this without understanding what they were voting on. The same people that would audit the Town highly recommended the Town adopt the override.
Comments were taken from an individual that attended the meeting. All persons being heard, the hearing was closed.
RESOLUTION
NO. 191 (2011) PUBLIC HEARING
CLOSED
RESOLVED the Public Hearing be closed at 8:04 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
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OCTOBER
13, 2011
RESOLUTION NO. 192 (2011) LOCAL LAW NO. 2 (2011) A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW 3-C
RESOLVED the Town Board adopts Local Law No. 2 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 2012 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 2012 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 circumstances, 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
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
By adopting this local law tonight it allows the Town Clerk to file with the Secretary of State prior to adopting the budget at the October 27th meeting.
Town of
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13, 2011
ABSTRACT NO. 10 – 2011
Claim Nos. 24857-25064 Expenditures in the amount of
$414,740.95
RESOLUTION
NO. 193 (2011) PAYMENT OF
CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Chief Colella discussed a local law on fees associated with arrest live scans. This would establish an administrative fee. Chief Colella will provide Town Attorney Anthony Villani the information.
RESOLUTION
NO. 194 (2011) EXECUTIVE
SESSION
RESOLVED the Board enter Executive Session at 8:20 p.m. to discuss a particular personnel matter.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 195 (2011) OPEN SESSION
RESOLVED the Board return to Open Session at 9:25 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
MOTION BY KENYON, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED AT 9:27 PM.
________________________
Judy W. Gravino, RMC
Macedon Town Clerk