NO. 7 PAGE 1
MARCH
14, 2013
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 |
Sandy Pagano |
|
Supervisor |
William Hammond |
Absent:
Also Present:
|
Attorney |
Anthony Villani |
|
Attorney |
David Fulvio |
|
Engineer |
Scott Allen |
|
Police Chief |
John Colella |
|
Highway Superintendent |
Richard Roets |
|
Town Clerk |
Judy Gravino |
RESOLUTION NO. 71 (2013) STATE SNOW & ICE
AGREEMENT
RESOLVED the Town Board approves the State Snow & Ice Agreement,
Contract No. D009827 season 2014/15 be extended to June 30, 2015 and authorizes
the Supervisor to sign said agreement.
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
ABSTRACT NO. 3 – 2013
Claim Nos. 28059-28079 (Early
Bills)
28090-28091
28126 Expenditures in
the amount of
$32,805.10
(#295)
Claim Nos. 27966-28058 (Regular
Bills)
28080-28089
28092-28125
28127-28138
Expenditures
in the amount of
$172,232.51
(#296)
RESOLUTION NO. 72 (2013) APPROVAL OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
NO. 7 PAGE
2
MARCH
14, 2013
7:35 PUBLIC HEARING – FIRE
PROTECTION PUBLIC HEARING
RESOLUTION NO.
73 (2013) LEGAL NOTICE WAIVED
RESOLVED
that reading of the legal notice published in the March 3, 2013 issue of the
MOTION
BY PAGANO, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
LEGAL NOTICE
TOWN OF
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board of the Town of Macedon, Wayne County, New York at 32 Main Street, in the Village of Macedon and via web at 11201 N El Mirage Road, El Mirage, Arizona, on March 14, 2013, at 7:35 PM Eastern Daylight Time, for the purpose of considering the contracting with the Macedon Center Volunteer Firemen’s Association, Inc., for the furnishing of fire protection to be furnished to a fire protection district established in said Town of Macedon and known as the Macedon Fire Protection District. The public may attend at either location.
The general terms of the contract are as follows:
1.The Macedon Center Volunteer Firemen’s Association, Inc. shall answer and attend
upon all calls in said fire protection district;
2. The said Macedon Center Volunteer Firemen’s Association, Inc. shall at all times while the agreement is in force and effect, furnish and provide sufficient apparatus and equipment and personnel to provide the fire protection required by such contract;
3.The contract shall continue for a period of five (5) years, commencing January 1, 2014
and shall terminate on December 31, 2018, at midnight;
4.For said fire protection services, the said Macedon Center Volunteer Firemen’s
Association, Inc. will receive definite sums for each year under the contract, set forth as follows:
2014: $95,000
2015: $98,000
2016: $101,000
2017: $104,000
2018: $107,000
5. Neither the said Town of
liable for any loss or damages sustained to the fire apparatus or other equipment of the said Macedon Center Volunteer Firemen’s Association, Inc.;
6. The said Town
of
expenses, loss of wages, compensation, benefits and other claims arising by reason of the injury to or death of a fireman sustained while answering, attending upon or returning from any such call, in case said Macedon Center Volunteer Firemen’s Association, Inc. shall be compelled or required to pay any such claim, the said Town of Macedon shall reimburse the said Macedon Center Volunteer Firemen’s Association, Inc. the amount paid within thirty (30) days after making such payment;
7. Such other incidental terms as may be necessary or proper in connection with such
contract.
NO. 7 PAGE
3
MARCH
14, 2013
BY ORDER OF THE TOWN BOARD
TOWN OF
Judy W. Gravino, RMC
Town Clerk
Dated: March 3, 2013
Opening remarks by Councilman David Maul:
We are in the midst of a one-year contract with the Village for fire protection for most of
the area south of the Canal. It is one of four departments that cover our town,
the other three being
We are deliberating an option to, at the conclusion of the 2013 contract, not renew our arrangement with the Village FD. Instead, we’ve approached MCFD to determine their interest in expanding their territory to encompass the area currently served by the Village Fire Dept.
Some of you have heard the reason for this is that the Town and Village governments “just can’t get along.” That is a simplification of why we’re at this point. While it’s a matter of public record that these two governments have had their share of disagreements, you might argue that that’s been true for years, so… … there must be something additional that has brought us here.
The Village mayor is quoted as saying that the Town’s contribution to the Fire portion of their budget is currently at 70%. And that’s essentially right - in 2013 we authorized a 71% contribution of the approved budget amount.
Our concern is that we are elected to watch over the money that we raise in taxes paid by you. We have discussed with the Village trustees for many years the Town’s desire to partner with the Village when planning and financing significant expenditures. But for years, we’ve been told: “you are not a partner, you have no seat at the table, you are a customer, buying a service from us (the Village) and we (the Village) set the price.” In fact, back a few years ago, we dared to question some of their large truck purchases, and you may remember the response – words to the effect of “we gave you a bill, pay it. What we do with the money is none of your business. If you don’t pay, the trucks won’t roll.” We paid the bill, of course, rather than endanger any of our constituents.
So for those who are now suggesting that we are playing politics with something as important as fire protection, I remind you that the Village Trustees once threatened to confine their Volunteers to their barracks rather than allow them to go do their duty. Now, I have to add here that I firmly believe that the Firefighters themselves would have disregarded such irresponsible orders from the Village trustees, but the fact remains that this is how the Village negotiated.
Let’s talk about the Volunteers for a second. This board has no quarrel with the Volunteer firefighters. We have no reason to believe that any of them is any less than fully dedicated to their pledge to keep the people and property of their district safe. Regrettably, the department is affected by the actions of the board that it reports to.
Having said that, we know that volunteerism is down everywhere – we need all the volunteers we can find, and we believe there will be a place for them.
Since the Village board has made it clear that we are “merely” a customer, we recognize the right that all customers have, that you yourselves exercise on a daily basis. That is, to take your business to the vendor of your choice. We have three other Fire Departments under contract to cover the town. In all my years on this Board, I recall only one or two instances where we had issues or questions about MCFD’s budget requests. Their response was to sit down and go over numbers and plans in detail with us. NOW! They might not have liked the question, maybe they thought they didn’t need to explain
NO. 7 PAGE
4
MARCH
14, 2013
themselves to us – but they DID. They recognized that a contract goes both ways – both parties have to be engaged for the relationship to work.
Why now? We certainly have tried to resolve this many times in the past. We’ve seen no substantial improvement in the relationship. Some of that blame probably lies with us, but it is a two-way street.
Why not wait longer? Frankly, we’ve waited long enough, spending your taxpayer dollars without any real representation in HOW the dollars are spent. We’re convinced now that we are alone in wanting more of a partnership.
We are making this proposal early in the year for two other reasons: (1) the Village Budget is underway, and we want them to be able to plan their finances while fully informed. (2) if this does pass, the MCFD needs time to establish their presence south of the Canal prior to 1/1/2014.
Final comment: this Town Board knows full well that we represent ALL of the people of this town, INCLUDING village residents and business owners. What we’ve wanted is a Village government that sees the village as an integral part of the town, and therefore interested in the greater good of all of us as a community, rather than as a Vendor, or as a competitor. Had we found that, we probably would not be here talking about this tonight.
The public hearing commenced.
The purpose of the public hearing is to obtain public comment. Approximately 150 residents, including Village Board Members and Fire Departments, attended the hearing. Seventy (70) numbers were distributed to individuals desiring to speak, of which fifty (50) participated.
After opening remarks, Mayor Cramer and the Village Board
were invited to speak. Mayor Cramer
described the 2014-2018 proposed fire contract received by the Town on March
12, 2013. She asked the Town Board to
consider it. The contract is the same as
with a reduction of $3,000 over the 5 years.
Supervisor
Paying 71% of the total fire budget, the Town Board feels
the Village should consider the input of the Town. The
Town contributes to the Village’s reserve funds for equipment and was also requested
to pay a portion of the bond on the recent truck purchased with no input. The Board
questioned whether the purchase of an aerial ladder truck for $639,000 was
required by ISO or acquired because it was recommended. Documentation should be provided requiring
this purchase. Chief Wilcox referred to
the ISO web site. The portion paid for
fire is based on assessed value. The
current year budget with the
Chief Wilcox stated an aerial truck was required with five
(5) or more buildings containing three (3) floors. He mentioned Lowes, Wal-Mart,
NO. 7 PAGE
5
MARCH
14, 2013
Residents’ main concerns were safety, longer response time, trains, financial concerns, expenses establishing a new fire hall/equipment, land being taken off the tax roll for the building, bridges closed and firefighters only allowed to join one department. Although the Village and Town Boards have had ongoing differences for many years, the attendees asked the Board to meet and iron out their differences and work together to move forward. Several individuals offered to be mediators. All residents were given an opportunity to speak for three hours. Mayor Cramer was asked to schedule a date for the Boards to hold a joint meeting in an effort to resolve these long standing issues between them. The Mayor agreed to submit three possible dates by Monday. Dates will be published in the legal papers and posted on the web sites.
If the Town Board enters into a contract with the Macedon
Center Volunteer Fire Department a building will be constructed on the south
side of the Canal within the five (5) mile area required by ISO. Both fire departments are rated five (5) and
would not affect insurance.
The Macedon Town Board is very concerned about public safety. That is why we now have a town-wide police department and town-wide ambulance. Tonight has no reflection on either fire department. Both fire departments were commended on the work they do and commitment. It is the inability of the Village and Town Boards to work together for many, many years. There has always been conflict as one resident and former employee of both entities stated. The Town has not been able to negotiate with the Village on police, ambulance, sewer and fire.
RESOLVED
that the Public Hearing be closed at 10:10 p.m.
MOTION
BY HAMMOND, SECONED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
It was the consensus of the Board to take time to consider what was heard
tonight. No motion will be made either
way.
RESOLUTION NO. 75
(2013) EXECUTIVE SESSION
RESOLVED
the Town Board enter into Executive Session at 10:40 p.m. to discuss
litigation.
MOTION
BY PAGANO, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 76 (2013)
OPEN SESSION
RESOLVED
the Town Board return to Open Session at 11:50 p.m.
MOTION
BY PAGANO, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
RESOLVED the Town Board approves the minutes of February 28, 2013 as
presented.
MOTION BY PAGANO, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL
AYE, MCEWEN AYE,
PAGANO AYE,
NO. 7 PAGE
6
MOTION BY
____________________________
Judy W. Gravino, RMC
Macedon Town Clerk