NO. 13                                                                                                                         Page 1

April 24, 2014

WEB SITE http://macedontown.net

 

The Regular Meeting of the Town Board of the Town of Macedon held April 24, 2014 at the Town Complex, 32 Main Street, in the Village of Macedon and 16246 Citrus Parkway, Clermont, FL. 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 via web

Councilperson

Sandy Pagano

Supervisor

William Hammond

 

Absent:   

 

Also Present:

Attorney

Anthony Villani

Engineer

Scott Allen

Town Clerk

Judy Gravino

 

Julie Sherwood, reporter from the Messenger discussed Village and Town issues with the Board. A lengthy discussion followed. 

 

7:45 PM – PROPOSED LOCAL LAW NO. 1 PUBLIC HEARING

Local Law No. 1 of 2014 is a local law to override the tax levy limit established in General Municipal Law 3-c.

 

RESOLUTION NO. 124 (2014) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of legal notice published in the April 13, 2014 issue of the Times.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

This local law was passed in previous years.  The Board does not expect to exceed the tax cap this year.  This law avoids penalties and/or fines due to the variables associated with this regulation. 

 

A resident requested more information on the local law.  If the Town does not have the override local law it is a possibility the Town could be penalized.  This is a safety net.  A huge formula goes into it.  The Board passes this local law to protect the residents and works very hard to stay under the cap.  Something could be missed or the State could change the formula.  The Board  has not exceeded the 2%.

 

Supervisor Hammond – We do the best possible budget we can put together.  The cap is ludicrous.  The Town level is the most efficient government.  The State should comply with the 2% cap.

 

Councilperson Maul – At first I was not in favor of this.  After being educated, I realized it is an insurance policy with no intension to go over the 2%.

 

A resident stated health care and pension costs are above 2% and the balance has to come from somewhere else.

 

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

 

RESOLUTION NO. 125 (2014) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 7:55 p.m.

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

 

 

 

 

NO. 13                                                                                                                         Page 2

April 24, 2014

 

RESOLUTION NO. 126 (2014) LOCAL LAW NO. 1 (2014) A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW 3-C

RESOLVED the Town Board adopts Local Law No. 1 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 2015 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 2015 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 circumstance, 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 HAMOND, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE, MOTION CARRIED

 

RESOLUTION NO. 127 (2014) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of April 10, 2014 as presented.

(Regular Meeting)

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

REPORTS:

South Macedon Fire & Rescue Chief’s Report

 

RESOLUTION NO. 128 (2014) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 129 (2014) LIBRARY – BULLIS ROOM - KISTLER CONTRACT

RESOLVED the Board approves the Kistler quote dated April 22, 2014 for a planned maintenance agreement for the Bullis Room and authorizes the Supervisor to sign said quote.

MOTION BY KENYON, SECONED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 130 (2014) COOL BLUE ENTERPRISES, LLC  - USE CHANGE

RESOLVED the Town Board approves the use change for Cool Blue Enterprises, LLC at 384 Unit “A” East Avenue, Macedon, NY to establish a canine conditioning facility.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

NO. 13                                                                                                                         Page 3

April 24, 2014

 

RESOLUTION NO. 131 (2014) MEDICAID REIMBURSEMENT APPLICATION

RESOLVED the Supervisor be authorized to sign the Medicaid Reimbursement Application.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

Councilman Maul thanked the group of 30-35 soccer players that picked up brush and cleaned the park.  It is ready for the mowers.

 

A discussion followed on the phone system support being discontinued on May 31, 2014.  It was the consensus to budget in the next budget year. 

 

RESOLUTION NO. 132 (2014)  EASEMENTS – CAMPGROUND PROJECT

RESOLVED the Town Board authorize the Supervisor to sign the necessary easements for the campground project pending the Town Attorney approval.

1.  Easement from Marina to the Town and Water Authority for installation of a dedicated water main.

2.  Easement from Marina to the Town for installation of a dedicated sewer line.

3.  Easement from Campground to the Town and Water Authority for installation of a dedicated water main.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

A knox box program has been set up with the fire departments and local businesses.  Accountability for the master key will be through a computer program monitored by Scott Allen.

 

 

It was the consensus of the Board to allow the Supervisor to request quotes for insurance.

 

The Town was upgraded on finances with S&P from A+ to an AA-.  Thank you to Kim Leonard, Town Accountant for her time and efforts with paperwork involved.

 

RESOLUTION NO. 133 (2014) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:53 p.m. to discuss proposed, pending or current litigation.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 134 (2014) OPEN SESSION

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

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

MOTION BY HAMMOND, SECONDED BY MCEWEN THE MEETING BE ADJOURNED AT 10:11 PM.

 

________________________________

Judy W. Gravino, RMC

Macedon Town Clerk