NO. 23 Page
1
November 14, 2013
The
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:
|
Accountant |
Kim Leonard |
|
Attorney |
Anthony Villani |
|
Attorney |
David Fulvio |
|
Police Chief |
John Colella |
|
Town Clerk |
Judy Gravino |
Zachary
Tessier presented his Eagle Project to restore the Town of Macedon Canal Trail signs.
RESOLUTION NO. 281 (2013) TESSIER EAGLE
PROJECT APPROVED
RESOLVED
the Eagle Scout candidate Zachary Tessier is authorized to engage in an Eagle
Scout Project in conjunction with the Trails Committee per presentation dated
November 14, 2013.
MOTION
BY KENYON, SECONDED BY PAGANO
ROLL
CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN
AYE, PAGANO AYE,
The 2014 Budget Public
Hearing continued at 7:35 p.m. from November 7, 2013.
Councilman David Maul reviewed
the budget presentation provided at the November 7, 2013 meeting.
Presentation highlights for
fire special districts:
Overall taxpayers outside the
Village in 2013 paid $3.24/thousand. In 2014 they will pay $3.30/thousand
resulting in a 1.8% increase. Taxpayers
inside the Village paid $2.75/thousand in 2013 and in 2014 will pay $2.80/thousand. This is an increase of 1.7%. The Village residents also pay Village taxes
to the Village.
NO. 23 Page 2
November 14, 2013
Special Districts – SF1 (Fire
north of the canal excluding the area inside the Village) paid a tax rate of
$.67/thousand in 2013 and will pay $.77/thousand in 2014. This is an increase of 15%. SF2 (Fire south of the canal excluding the
area inside the Village) paid a tax rate of $.49/thousand and will pay
$.92/thousand in 2014. This is an
increase of 88%.
A resident was concerned if
Councilman Maul – The plan
for
Councilman Kenyon – This also
includes automobile accidents. The
police and ambulance are also working collaboratively in this arrangement to
provide an unprecedented level of service and coverage. They will cross train. These companies will work together in
conjunction with the ambulance and police to provide the service people
require. It’s critical and that is the
position we have taken all along. It’s
expensive to get started but once established, operational and functioning it
will become more evident over time as the south district begins to have equity
in that department. Year after year
after year when we contracted with the Village for police and fire there was no
deficit and no surplus ever. We always
hope there is an excess each year to put into surplus to help replace equipment
and doesn’t impact taxes all in one year for a purchase. It is spread over several years. This will begin happening with South Macedon
Fire & Rescue and they will own their own equipment. Eventually they will have a fire hall with
the equity. As it is now, the Macedon
Volunteer Fire Department does not own anything. It all belongs to the Village. That’s an arrangement that is okay until
something happens to the Village. I’m
not suggesting there is anything going to happen to the Village and certainly
hope nothing happens to the Village. If
it did, the equipment there becomes part of the Village property and could be
used to liquidate to offset expenses the Village might have at that time. It seems this is the right thing to do and
the better way to do it.
Councilman Maul – It is an
88% increase. It’s also a big percentage
of a relatively small number. If you
have a $150,000 house in 2013 you pay $75 and in 2014 you will pay $130. An 88% increase for what you are getting, for
the value of the dollar, it doesn’t sound as bad. It’s still 88%. I think last week people thought their taxes
were going to go up 88%. That is not
happening.
Councilman Kenyon – It should
be a positive effect on homeowners insurance because of the fire ISO rating
with the combination of equipment between the two companies.
A resident asked what the
Town of
Attorney Villani – Each
department has their own rating. We
believe they are all 5’s. The big
decrease in the rate comes around 3 or 4.
Councilman Maul – The goal of
this new department is to try to get to a 4.
Resident – Any complaints
currently about fire?
Councilman Kenyon – The issue
has been the relationship between the Town and Village Boards. We simply believed that we were funding 70%
of what the fire budget was and felt we should have some input into how that
was managed and how money was spent.
That was the disagreement. This
way provides us a department that will develop its own identity and have equity
in the equipment and provide the service.
These are not new guys. A large
percentage of volunteers that are joining South Macedon Fire & Rescue are
trained firefighters. This was the right
thing to do. It shows courage on their part to take the step to form an
independent company like all the other companies we contract with such as
Walworth,
Resident – With the new
company will you own the equipment?
Councilman Kenyon – They will
own their own equipment. Right now the
Village owns all the equipment for the Village Volunteer Fire Department. The south district has no value in it. If something should happen to the Village
they would be out. This district would
have to look for a new vendor.
NO. 23 Page 3
November 14, 2013
Councilman Maul – We should
say the fire district will own the equipment, not the Town. The Town doesn’t own
Attorney Villani – They still
have the right to do their fundraisers.
Resident – Asked about PILOTs
Supervisor
All persons desiring to be
heard, having been heard, the public hearing was closed.
RESOLVED the public hearing
be closed at 8:13 p.m.
MOTION BY MAUL, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLVED that the Town of
MOTION BY PAGANO, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
Supervisor thanked Councilman
Maul, Kim Leonard and the rest of the Board for their help on the budget.
RESOLUTION NO. 284 (2013) APPROVAL OF
MINUTES
RESOLVED
the Board approves the minutes of October 24, 2013 as presented.
(Regular
Meeting)
MOTION
BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 285 (2013) APPROVAL OF
MINUTES
RESOLVED the Board approves
the minutes of October 29, 2013 as presented
(Emergency Meeting)
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
CORRESPONDENCE – The Supervisor presented the following:
A
letter was received regarding BOCES rebidding electric.
REPORTS –
Town Clerk October Monthly Reports
Police Monthly Report & Agenda
RESOLUTION NO. 287 (2013) APPROVAL OF
REPORTS
RESOLVED
the Board approves the reports as submitted.
MOTION BY PAGANO, SECONDED BY
MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 288 (2013) TIM HORTONS SPECIAL USE
PERMIT REFERRAL
RESOLVED the Town Board
refers the Tim Hortons Special Use Permit to construct and operate a restaurant
in a GC (General Commercial District) to the Town and County Planning Boards
for their review.
MOTION BY KENYON, SECONDED BY
MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
NO. 23 Page
4
November 14, 2013
RESOLUTION NO. 289 (2013) TIM HORTONS SPECIAL USE
PERMIT PUBLIC HEARING
RESOLVED the Town Board
schedules a public hearing on December 12, 2013 at 7:35 p.m. to hear public
comment on Tim Hortons Special Use Permit application to construct and operate
a restaurant in a GC (General Commercial District).
MOTION BY KENYON, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLVED the Town Supervisor
is authorized to sign the
MOTION BY MCEWEN, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 291 (2013) PHILLIP
STEIGER POST #494 AMERICAN LEGION – GAMES OF CHANCE – BELL JAR
RESOLVED
the Board approves the Games of Chance License for the Phillip Steiger Post
#494 American Legion to conduct Bell Jar for the period of January 1, 2014
through December 31, 2014.
MOTION
BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 292 (2013) COLD WAR VETERANS REAL
PROPERTY EXEMPTIONS DETERMINATION PUBLIC HEARING SET – PROPOSED LOCAL LAW NO. 4
RESOLVED a public hearing
will be held on December 12, 2013 at 7:50 pm at the
TOWN OF
A local law in relation to
determining the veterans’ real property exemptions.
BE IT ENACTED BY THE TOWN
BOARD OF THE TOWN OF MACEDON,
Section 1.
This local law is enacted
pursuant to the provisions of Section 458-b of the Real Property Tax Law, as
amended by Chapter 410 of the Laws of 1994.
Section 2.
The purpose of this local law
is to provide that qualifying residential real property as defined in Real
Property Tax Law Section 458-b (1)(f) shall be exempt from taxation to the
extent of either: (i) ten percent of the assessed value of such property;
provided however, that such exemption shall not exceed eight thousand dollars
or the product of eight thousand dollars multiplied by the latest state
equalization rate of the assessing unit, or, in the case of a special assessing
unit, the latest class ratio, whichever is less or; (ii) fifteen percent of the
assessed value of such property; provided however, that such exemption shall
not exceed twelve thousand dollars or the product of twelve thousand dollars
multiplied by the latest state equalization rate of the assessing unit, or, in
the case of a special assessing unit, the latest class ratio, whichever is
less.
Section 3.
In addition to the exemption
provided by paragraph (a) of this subdivision, where the Cold War veteran
received a compensation rating from the United States veterans affairs or from
the United States department of defense because of a service connected
disability, qualifying residential real property shall be exempt from taxation
to the extent of the product of the assessed value of such property, multiplied
by fifty percent of the Cold War veteran disability rating; provided, however,
that such exemption shall not exceed forty thousand dollars, or the product of
forty thousand dollars multiplied by the latest state equalization rate for the
assessing unit, or, in the case of a special assessing unit, the latest class
ratio, whichever is less.
Section 4.
(i) The exemption from
taxation provided by this subdivision shall be applicable to county, city,
town, and village taxation, but shall not be applicable to taxes levied for
school purposes.
(ii) If a Cold War veteran
receives the exemption under section four hundred fifty‑eight or four
hundred fifty‑eight‑a of this title, the Cold War veteran shall not
be eligible to receive the exemption under this section.
NO. 23 Page 5
November 14, 2013
(iii) The exemption provided by sections 2 and 3
shall be granted for a period of ten years. The commencement of such ten year
period shall be governed pursuant to this subparagraph. Where a qualified owner
owns qualifying residential real property on the effective date of the local
law providing for such exemption, such ten year period shall be measured from
the assessment roll prepared pursuant to the first taxable status date
occurring on or after the effective date of the local law providing for such
exemption. Where a qualified owner does not own qualifying residential real
property on the effective date of the local law providing for such exemption,
such ten year period shall be measured from the assessment roll prepared
pursuant to the first taxable status date occurring at least sixty days after
the date of purchase of qualifying residential real property; provided,
however, that should the veteran apply for and be granted an exemption on the
assessment roll prepared pursuant to a taxable status date occurring within
sixty days after the date of purchase of residential real property, such ten
year period shall be measured from the first assessment roll in which the
exemption occurs. If, before the expiration of such ten year period, such
exempt property is sold and replaced with other residential real property, such
exemption may be granted pursuant to this subdivision for the unexpired portion
of the ten year exemption period.
Section 5.
This local law shall take
effect immediately.
Dated: December 1, 2013
By Order of the Town Board of
the
Town of
Judy Gravino, Town Clerk
MOTION
BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 293 (2013) POLICE
OFFICER PT APPOINTED – MCFAUL
BE
IT RESOLVED that Dave McFaul be hired to the position of Police Officer – Part
Time at a rate of $16.50 per hour.
MOTION
BY PAGANO, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 294 (2013) HIGHWAY VEHICLE PURCHASE -
TRUCK
BE IT RESOLVED that the Town
Board authorize Richard Roets, Highway Superintendent, to order a 2014 Ford
F250 4x4 pickup truck off the State Contract.
MOTION BY PAGANO, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 295 (2013) HIGHWAY VEHICLE PURCHASE –
TRACTOR W/MOWER
BE IT RESOLVED that the Town
Board authorize Richard Roets, Highway Superintendent, to order a John Deere
612M Cab Tractor at $87,595, and a Diamond 23’ Rear Cradle Boom Mower at
$61,325 for a total purchase not to exceed $148,920.
MOTION BY MCEWEN, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
The Board recognized the work
Kim Leonard has performed for the Town including payroll, accounting, health
benefits and budgets. They expressed
their appreciation for the work she has done.
Councilman Maul inquired
about the possibility of accepting payments with credit cards. This will be looked into.
Attorney Anthony Villani updated
the Board on the sewer litigation.
RESOLUTION NO. 296 (2013) EXECUTIVE
SESSION
RESOLVED
the Board enter Executive Session at 9:10 p.m. to discuss litigation.
MOTION
BY
ROLL
CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN
AYE, PAGANO AYE,
RESOLUTION NO. 297 (2013) OPEN
SESSION
RESOLVED
the Board return to Open Session at 10:27 p.m.
MOTION
BY
ROLL
CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN
AYE, PAGANO AYE,
NO. 23 Page 6
November 14, 2013
ABSTRACT NO. 10-4 Early (321) Expenditures
in the amount of
Claim No. 29415 $30,177.00
ABSTRACT NO. 11 Regular Bills
(322) Expenditures in the
amount of
Claim Nos. 29355-29414 $196,872.66
29416-29552
RESOLUTION NO. 298 (2013) PAYMENT OF
CLAIMS
RESOLVED
the bill be paid as audited.
MOTION BY MCEWEN, SECONDED BY
PAGANO
ROLL
CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN
AYE, PAGANO AYE,
MOTION BY
__________________________________
Judy W. Gravino, RMC
Macedon Town Clerk