NO. 26                                                                                                                         Page 1

December 12, 2013

 

The Regular Meeting of the Town Board of the Town of Macedon held December 12, 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

David Maul

Councilperson

David McEwen

Councilperson

Sandy Pagano

Supervisor

William Hammond

 

Absent:

Councilperson

Paul Kenyon

 

Also Present:

Attorney

David Fulvio

Town Clerk

Judy Gravino

 

Dr. Ike and Supervisor Hammond spoke about the controversy regarding Wayne County Sales Tax.  The recent NYS Relief Commission Tax Report rewards entities for staying below the 2% tax cap.  Without the taxes from the county the schools would not be able to take advantage of this money.  Supervisor Hammond will make a recommendation to the Finance Committee not to take sales tax from the schools at this time.  Dr. Ike and Supervisor Hammond are looking forward to working together in the future.

 

7:35 PUBLIC HEARING – TIM HORTONS SPECIAL USE PERMIT

 

RESOLUTION NO. 301 (2013) READING OF LEGAL NOTICE WAIVED

RESOLVED the Town Board waive reading of the legal notice published in the December 1, 2013 issue of the Times

MOTION BY PAGANO, SECONDED BY MAUL

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

HAMMOND AYE MOTION CARRIED

 

Councilman Kenyon entered the meeting at 7:40 p.m.

 

Dan Blamowski gave a presentation on the Tim Hortons special use permit.  Tim Hortons will be located on the north side of NYS Route 31, adjacent to Wal-Mart Plaza.  Access will be from Sampson Drive with no access off Route 31.  The hours of operation will be 24/7.  A special use permit is required to operate a restaurant in a General Commercial zoning.

 

One resident spoke in favor of Tim Hortons.

 

All persons desiring to be heard, having been heard the public hearing was closed.

 

RESOLUTION NO. 302 (2013) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 7:50 p.m.

MOTION BY MAUL, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 303 (2013) TIM HORTONS SPECIAL USE PERMIT APPROVED

WHEREAS the Town of Macedon received an application for Tim Hortons Special Use Permit to allow a restaurant in a GC (General Commercial District) at425 NYS Route 31

 

AND WHEREAS the Town Planning Board reviewed and approved said application on November 25, 2013 and December 9, 2013

 

AND WHEREAS the Wayne County Planning Board reviewed and approved said application on December 11, 2013

 

NOW THEREFORE BE IT RESOLVED the Town Board approves the Tim Hortons USA application for a Special Use Permit as per the application submitted dated December 4, 2013 and per recommendations in above mentioned meeting minutes.

MOTION BY MCEWEN, SECONDED BY MAUL

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

HAMMOND AYE MOTION CARRIED

 

 

NO. 26                                                                                                                         Page 2

December 12, 2013

 

7:50 PUBLIC HEARING – COLD WAR VETERANS’ EXEMPTION – LOCAL LAW NO. 2 - 2013

 

RESOLUTION NO. 304 (2013) READING OF LEGAL NOTICE WAIVED

RESOLVED the Town Board waive reading of the legal notice published in the December 1, 2013 issue of the Times

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

A resident requested the Board address the gap in the Veterans Exemption that did not recognize the cold war veterans. 

 

All persons desiring to be heard, having been heard the public hearing was closed.

 

RESOLUTION NO. 305 (2013) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 9:00 p.m.

MOTION BY PAGANO, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 306 (2013)COLD WAR VETERANS’ EXEMPTION APPROVED

RESOLVED the Town Board of the Town of Macedon approve Local Law No. 2 of 2013 relating to the determining of veterans’ real property exemptions as follows:

 

TOWN OF MACEDON - STATE OF NEW YORK

Local Law #2 in the year 2013: a local law in relation to determining the veterans’ real property exemptions.

 

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF MACEDON, NEW YORK, as follows:

 

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. 26                                                                                                                         Page 3

December 12, 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.

MOTION BY PAGANO, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 307 (2013) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of November 7, 2013 as presented.

(special meeting)

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 308 (2013) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of November 14, 2013 with the following correction: RESOLUTION NO. 293 (2013) POLICE OFFICER PT APPOINTED - David MacFall

MOTION BY MAUL, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 309 92013) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of November 21, 2013 as presented.

(special meeting)

MOTION BY PAGANO, SECONDED BY MAUL

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

HAMMOND AYE MOTION CARRIED

 

CORRESPONDENCE – The Supervisor presented the following:

  1. NYS Ag & Markets Wayne County Humane Society Municipal Shelter Inspection Report
  2. NYS Ag & Markets Dog Control Officer Inspection Report
  3. NYSDOT determined that a speed reduction was not warranted on:

Alderman Road, between Rt. 31 and the Macedon Town Line and

Canandaigua Road, between Route 31 and Route 31F

  1. Board of Elections Notice of Town Proposition No. 1 for Highway Superintendent being defeated 730 to 480 with 54 blanks.
  2. Letter from DEC asking us to dispose of old license sales equipment by recycling, donating to a charitable organization or landfill.  The consensus was to recycle.
  3. A thank you note for the donation to the American Legion, Philip Steiger Post 494.

 

REPORTS – Supervisor Hammond presented the following:

Town Clerk Report November Reports

Historian October Report

Historian November Report

 

RESOLUTION NO. 310 (2013) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY PAGANO, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

Councilperson Pagano commended Town Historian June Hamell for the great job she is doing and her assistance with the Historical Society.

 

 

 

NO. 26                                                                                                                         Page 4

December 12, 2013

 

RESOLUTION NO. 311 (2013) FIRE DISTRICT MAP

RESOLVED the Town Board approves the Fire District Map of the Town of Macedon updated 11/15/2013 effective 1/1/2014.

MOTION BY HAMMOND, SECONED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 312 (2013) SPECIAL USE PERMIT RENEWALS

RESOLVED upon the recommendation of the Town Engineer that the following Special Use Permits are renewed for the calendar year 2014 and will expire December 31, 2014 and that all prior conditions will be met as required in 2013:

A.E.Y. Enterprises

1607 Commons Parkway

A & P Auto Parts

2384 Creek Road

A T & T

2285 Walworth Road

Alpco

846 Macedon Center Road (Route 31F)

CRH/Stillwater Nursery

1095 Quaker Road

Cafalone, Brian

1214 Victor Road

County Line Raceway

311 Route 31

Crown Atlantic

1820 Macedon Center Road

Graf, Mark

2075 Macedon Center Road

JT’s Drive-In Car Shop

688 Frey Road

Macedon Landscaping

1711 Wayneport Road

Morrison Excavating

740 Quaker Road

Morrison, Roger

2062 Magog Road

Prime Time Development

1241 Route 31

Pulcini, Walter

2461 Quaker Road

Ricci & Sons Auto Repair & Towing

665 Route 31F

Rochester Aero Modeling Society

2529 Macedon Center Road

SBA

1382 Wilson Road

Shiff’s Automotive

1910 Route 31

True North Tractor

2168-2179 Canandaigua Road

TJJK Properties, LLC (Twilight on the Erie)

Marina Parkway

VanHout, Gerald

1508 Alderman Road

Wayne County Chapter of NYSARC, Inc.

927 Victor Road

MOTION BY MAUL, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 313 (2013) MINING PERMIT RENEWALS

RESOLVED the Board approve the following Mining Permits subject to any and all requirements deemed necessary by the Town Engineer and shall expire December 31 2014:

A.E.Y.

Daansen Road  - Special condition –

not to exceed 1000 tons per year removal. 

Eastern Sand & Gravel

Macedon Center & Daansen Roads

Eastern Sand & Gravel

Walworth Road

McPherson, Donald

Route 350

Morrison Excavating

Barnes Road - Special condition –

not to exceed 1000 tons per year removal.  

Pulcini, Walter

Quaker Road

Smith, Gregory

Walworth Road

MOTION BY PAGANO, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 314 (2013) CLOSING OF THE BOOKS

RESOLVED that the Town Accountant Kim Leonard be authorized to make any necessary adjusting and budgetary journal entries in closing the 2013 fiscal year.

MOTION BY KENYON, SECONDED BY MAUL

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 315 (2013) NEWARK – ARCADIA EMS MEDICARE BILLING AGREEMENT

RESOLVED the Town Board approves and the Supervisor is authorized to sign the Newark Arcadia Emergency Medical Services Medicare Billing Agreement.

MOTION BY MAUL, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

 

 

NO. 26                                                                                                                         Page 5

December 12, 2013

 

RESOLUTION NO. 316 (2013) HUMANE SOCIETY OF WAYNE COUNTY AGREEMENT FOR SHELTER SERVICES

RESOLVED the Town Board approves and authorizes the Supervisor to sigh the Humane Society of Wayne County Agreement For Shelter Services to commence on January 1, 2014 and expire December 31, 2015.

MOTION BY KENYON, SECONDED BY MAUL.

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

HAMMOND AYE MOTION CARRIED

 

Councilman Maul felt strongly about the Canandaigua Road Bridge being concrete as long as it doesn’t delay the project.

 

Palmyra Macedon School District is holding a vote on December 19, 2013 from 7 a.m. – 9 p.m. in the Band Room.  The Facility Improvement project includes high school roofing and minimal improvements to other buildings.  The money is in the capital reserves and no tax increase to residents.

 

It was the consensus of the Board to allow Supervisor Hammond to contact Assemblyman Oaks and Senator Nozzolio regarding Canal Drive East Road.  Town Engineer Scott Allen contacted the State about the condition of the road.  The residents who rent along the canal maintain the road.  It is difficult to get emergency vehicles down this road. 

 

RESOLUTION NO. 317 (2013) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:42 p.m. to discuss litigation.

MOTION BY MCEWEN, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 318 (2013) OPEN SESSION

RESOLVED the Board return to Open Session at 10.05 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

 

ABSTRACT NO. 12 Regular Bills (324)

Claim Nos. 29553-29723                                   Expenditures in the amount of

                                                                        $770,699.07     

RESOLUTION NO. 319 (2013) PAYMENT OF CLAIMS

RESOLVED the bill be paid as audited

MOTION BY MAUL, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

 

MOTION BY HAMMOND, SECONDED BY PAGANO THAT THE MEETING BE ADJOURNED AT 10:06 PM.

 

 

 

 

__________________________________

Judy W. Gravino, RMC

Macedon Town Clerk