NO. 23                                                                                         Page 1

September 26, 2013

WEB SITE http://macedontown.net

 

The Regular Meeting of the Town Board of the Town of Macedon held September 26, 2013 at the Town Complex, 32 Main Street, in the Town 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 Maul

Councilperson

David McEwen

Councilperson

Sandy Pagano

Supervisor

William Hammond

 

Absent:   

 

Also Present:

Assessor

Susan Datthyn

Attorney

Anthony Villani

Attorney

David Fulvio

Police Chief

John Colella

Town Clerk

Judy Gravino

 

 

Steve Lauzze, Real Property Tax Services in Buffalo, gave a presentation on the STAR School Property Tax Relief Registration Program.  This program will ensure that benefits provided by the STAR program go only to qualified homeowners and eliminate intentional fraud and unintentional duplicate exemptions.  It has also found individuals 65 and over that didn’t know they had to reapply.  All New York homeowners receiving a Basic STAR property tax exemption must register with the New York State Tax Department in order to receive the STAR exemption in 2014 and subsequent years.  All Basic STAR recipients will receive registration instructions by mail that began in mid-August. The registration deadline is December 31, 2013.  Property owners can register on the web site at www.tax.ny.gov or call (518)457-2036.

Senior citizens receiving the Enhanced STAR exemption are not impacted by this legislation.  In order to continue to receive Enhanced STAR, seniors must continue to apply annually or participate in the Income Verification Program.

 

New home owners should see their local Assessor. 

 

 

Dr. Ike, Superintendent of the Palmyra-Macedon Central School District, presented Chief John Colella and his staff with a plaque made by students from Pal-Mac. Dr. Ike thanked him for his on going supportive work with the students.  The plaque read “Partners for a Safe Learning Environment presented to the Town of Macedon and the Macedon Police Department in appreciation for service to the students and staff of the Palmyra-Macedon Central School District”.  It was dated September 2013 and signed by Robert R. Ike, Ed. D. Superintendent of Schools. 

 

 

 

 

 

 

 

NO. 23                                                                                         Page 2

September 26, 2013

 

RESOLUTION NO. 218 (2013) PUBLIC SAFETY BUILDING ELECTRICAL WORK AUTHORIZED

RESOLVED the Town Board authorize the electrical service work to convert the existing fixtures in the Public Safety Building garage bays not to exceed $3,207.80 per estimate by Bastian Electric dated 8/7/13 to be expensed from A1620.400.

MOTION BY KENYON, SECONDED BY PAGANO

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

KENYON AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 219 (2013) TWILIGHT ON THE ERIE CAMPGROUND/MARINA DRIVE – IDA SITE DEVELOPMENT FUND PARTICIPATION

Whereas, as part of the “Twilight on the Erie” campground project it is proposed to extend the town dedicated road known as “Marina Drive”,

 

And whereas, the project applicant has approached the Wayne County Industrial Development Agency to request funding as part of the agency’s “Industrial Site Development Fund” to offset the costs of extending the town dedicated road,

 

And whereas, this program has a 1/3, 1/3, 1/3 cost sharing mechanism, where the project developer pays 1/3 of the improvement costs, the IDA pays 1/3 of the costs, and the Town provides in-kind services valued at 1/3 of the cost,

 

And whereas, the Town Board has participated in this program in the past with great success,

 

And whereas, the Town Board finds that participation in the IDA program on the proposed project has a significant public interest, as it increases public access to Bullis Park and the Erie Canal waterfront,

 

And whereas, the work being performed by Town Personnel and Equipment will all be dedicated infrastructure to the Town of Macedon,

 

And whereas, the total value of the work being performed is $180,000.00 (one hundred eighty thousand dollars) as per the engineer’s estimate of cost prepared by AEY Engineering,

 

Be it resolved, the Town Board authorizes the Highway Superintendent to participate in the Industrial Site Development Fund program relative to constructing the extension of Marina Drive, by providing in-kind services of equipment and manpower at a value not to exceed $60,000.00 (sixty thousand dollars).

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 220 (2013) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of September 4, 2013 as presented. (Special Meeting)

MOTION BY MAUL, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

 

NO. 23                                                                                         Page 3

September 26, 2013

 

RESOLUTION NO. 221 (2013) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of September 12, 2013 as presented.  (Regular Meeting)

MOTION BY PAGANO, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 222 (2013) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of September 20, 2013 as presented.  (Emergency Meeting)

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

REPORTS – Attorney Reports

Attorneys Anthony Villani and David Fulvio reported on the lawsuit with NYS Department of Health.  The Town of Macedon’s Ambulance was denied a Certificate of Need inclusive of the Village on the basis of the Village opposing it.  Attorney David Fulvio stated the State Comptroller opinioned that town-wide charge for ambulance service applied to both the Village and Town for ambulance service provided pursuant to General Municipal Law 122-b.  The Comptroller does not agree this is a double tax on village residents since the village is part of the town and is entitled to make use of the town-wide ambulance service.  While the village residents are paying taxes to both the village and the town for ambulance service, they are also entitled to receive service from both ambulance services.  It also stated that the Village is not required to provide ambulance service.  Even though the residents are required to be taxed they do not benefit because of the CON.

 

An update on the pending litigation with the Village regarding sewer was discussed.  The Village presentation on the sewer treatment plant proposed a four step improvement process amounting to $7.2 million.  Through a FOIL request to the Village a spread sheet was obtained listing two more steps bringing the proposed capital improvement project to a total of $8 million.  No information has been received from the FOIL requesting any grant applications.  It is unclear of the source of funds for the waste water treatment project.  The maximum projected or target figures are $795 for Village residents and $828 for Town residents.  By order of the court the Town is currently paying $63/quarter with Village paying $65/quarter.  It is unclear if the Village can proceed on these upgrades and/or increase charges while in litigation. 

 

Councilman Maul – That is 3 – 4 times what they are paying now.  Ownership is still in question subject to matters of the court.  He questioned if it would be appropriate to propose the board file an injunction to hold any and all projects until court decisions.  It was advised to continue discussion in executive session.

 

RESOLUTION NO. 223 (2013) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY HAMMOND, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

Councilman David McEwen has scheduled the Library floor to be evaluated tomorrow.  There has been a problem with the tiles.

 

Chief Colella reported on his recent schooling.  The Chief was invited to attend the Henry B. William Homicide School.  Training, as well as the networking, was invaluable.  A power point was provided for staff to review.

 

NO. 23                                                                                         Page 4

September 26, 2013

 

The budget workshop will be held October 3, 2013 at 5 p.m. at the town hall.

 

Village Trustee Kelly – The recommended figures for sewer are state and government averages.  We will never be there.  The state sets the maximum and we are second lowest in the state.  If you are not at the recommended range it is hard to get grants.  I don’t expect to get grants.  It will not be largely offset by grants.  That’s why it is being done in increments to hold the costs.

 

Mayor Cramer – The next stage would be the grant process and revolving grant loan money may be there.

 

Councilman Maul – It is our position that we are part owners.  DEC says you are in compliance versus the $8 million upgrade.

 

Mayor Cramer – We are in compliance now but need to stay in compliance.  We need to stay ahead in compliance.  The plant satisfied the needs at that time and needs to be upgraded.  That is what the study recommended.

 

Attorney Fulvio – We have foiled documentation that DEC required this upgrade.  DEC stated you were marginally in compliance orally?

 

Mayor Cramer – All equipment to be replaced has been recognized to be replaced by DEC verbally.

 

Attorney Fulvio – The report showed $3.6 million critical and $2.2 million high priority.  That is $5.8 million up front.  How soon is this necessary?

 

Mayor Cramer – The engineering grant will be able to make that decision.

 

Attorney Fulvio – You have no correspondence from DEC?  We have not received any through FOIL.

 

Mayor Cramer – They recognize the Village is being proactive.  They don’t want us to not be in compliance.

 

Village Trustee Kelly – DEC was involved with the engineering company and gave them the information required and required in the future.  Yes we are in compliance today, tomorrow who knows.  Every Tuesday I hold meetings at the sewer plant.  All are invited to attend.  I don’t believe the water press was required by DEC.  It is a better way to do, less cost and less landfill.  There is a savings with a five year payback.  There will be no increase in rate.  Money was acquired through a BAN.

 

Attorney Villani – Why didn’t the rate go down when the loan was paid off?

 

Village Trustee Kelly – Why go down when we are the second lowest?

 

Attorney Villani – The dewatering is making money.  If so, there is a savings when the old bond issue was paid off December 2012.

 

Village Trustee Kelly – The moneys left over are in a reserve account.  We have always had a reserve account.

 

Attorney Fulvio – The 8/13 inspection report stated the dewatering screw was installed without DEC authority.

 

 

 

 

NO. 23                                                                                         Page 5

September 26, 2013

 

Village Trustee Kelly – DEC never said we needed approval.  DEC did not communicate what we needed to do.  The plant is marginal.  Where the sludge goes into the plant, it is not covered.  When covered we will not be marginal.

 

Supervisor Hammond – Did you provide SEQRA (State Environmental Quality Review Act)?  Who was lead agent for the project.

 

Mayor Cramer – The Village had conversations all along with DEC.  DEC didn’t know the Village went online.  We did SEQRA.  We just did not let DEC know.  The Village was lead agent.  The majority of the communications with the DEC was by phone.

 

Attorney Villani – How many users are there on the system?

 

Village Trustee Kelly – There are 1,463 town and village users.

 

Councilman Maul – The project is estimated at $8 million, not much grant money, what plans does the Village have to borrow, no thought how much to borrow or how the village would fund the projects?

 

Village Trustee Kelly – There is no sense until we know where we are going.

 

FIRE

Mayor Cramer was concerned about the public hearing to be held October 10 regarding a newly formed fire company.  She was not sure what had changed and asked if they could move forward offering:

1.     The Town could hold the fire equipment reserve fund

2.     The 35% could be paid directly to the Village of Macedon Firemen minus the reserve.

The Village has learned this was legal after consulting with an attorney.

 

Supervisor Hammond expressed his confusion due to the Village scolding the Town stating that it was illegal for the Town to hold the fire equipment reserve.  Now the Village agrees it is legal.  The Village mailed a letter to Village residents saying the Town was plain wrong.  Now you tell me we are right?  Who am I to believe?

 

Mayor Cramer – The Village recently hired a new lawyer, Jim Hughes from Syracuse.  We found out the difference (referring to the reserve fund and 35% directly to the firemen being legal).  Now we are letting you know.

 

Councilman Maul – I had every intention to sign the contract.  Then the Board was approached by the Village of Macedon Fire Department to form an independent department.  One individual had to resign to form a new department.  We will not go back.  We have been trying for 9 months to get an agreement with the Village, too little too late.  We couldn’t reach an agreement.  The Supervisor’s budget will be discussed at the budget meeting next Thursday. 

 

Supervisor Hammond – Submit a budget and we will look at it.  You provide it and we will look at it on October 3rd.

 

Town Attorney Villani – The Town has requested run sheets versus budget sheets as well as the reserve bank statements.  Why can’t we have these?

 

Councilman Maul – We still have not received these documents.

 

Mayor Cramer – We included in the next contract that we would provide expenses four times a year and that left over fire budget would go into the fire budget reserve.

NO. 23                                                                                         Page 6

September 26, 2013

 

Town Attorney Villani – Under the proposed contract who would own the equipment?

 

Mayor Cramer – The Village would own the equipment.

 

Attorney Villani – The town residents pay 70% of the cost of the equipment yet still own none of it?  That is unacceptable.

 

Councilman Maul – I am not going back on my word and leave a man without a country.

 

Village Trustee David Sliney – When the reserve and 35% came up I was the only one against it.  We got a bad piece of advice.  People make mistakes.  We did not realize it until 11 p.m. last night based on the attorney’s advice.  If we don’t take the attorney’s advice we might as well save the money.

 

Resident Renee Herman – Let’s not put any fire fighters out of business.  They are all volunteers and donate a lot of their time.  Split the pot by four or three.

 

Councilman Paul Kenyon – We will provide public safety, ambulance we provided, acquired police and we will continue to provide fire protection.  There are difficulties with negotiations.

 

RESOLUTION NO. 223 (2013) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:45 p.m. to discuss litigation.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 224 (2013) OPEN SESSION

RESOLVED the Board return to Open Session at 10:00 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 225 (2013) SPECIAL TOWN BOARD MEETING SCHEDULED

RESOLVED the Town Board schedule a Special Town Board Meeting on November 7, 2013 to discuss budget and to address any other business that may come before the Board.

MOTION BY HAMMOND, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 226 (2013) BUDGET PUBLIC HEARING RESCHEDULED

RESOLVED the Town Board reschedule the budget public hearing previously scheduled on October 24, 2013 at 8 p.m. to November 7, 2013 at 8 p.m.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

MOTION BY HAMMOND, SECONDED BY PAGANO THE MEETING BE ADJOURNED AT 10:25 p.m.

 

 

 

 

 

 

NO. 23                                                                                         Page 7

September 26, 2013

 

REMINDERS

Budget Workshop                        October   3, 2013              5:00 p.m.     

Farmington Fire PH                     October 24, 2013              7:35 p.m.

Macedon Center Fire PH             October 24, 2013              7:40 p.m.

Village of Macedon Fire PH          October 24, 2013              7:45 p.m.

Preliminary Budget PH                 November 7, 2013             8:00 p.m.

 

 

 

 

 

________________________________

Judy W. Gravino, RMC

Macedon Town Clerk