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NO. 22 PAGE 1

August 28, 2014

The Regular Meeting of the Town Board of the Town of Macedon held August 28, 2014 at the Town Complex, 32 Main Street, in the Village 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:

Ambulance Director	Paul Harkness
Attorney	David Fulvio
Police Chief	John Colella
Town Clerk	Judy Gravino

Chief Colella presented Officer Earl Lergner IV with a plaque from Wayne Net recognizing his dedication to the 2012-13 investigations.

RESOLUTION NO. 220 (2014) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of August 14, 2014 as presented.

(Regular Meeting)

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE – The Supervisor presented the following:

The Town of Walworth Wastewater Treatment Plant rates will be increasing effective January 1, 2015. Walworth Town Board will hold a public hearing on September 4, 2014 at 7:45 p.m. The Macedon Town Board will schedule a public hearing at the next meeting.

RESOLUTION NO. 221 (2014) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2014 – WAL-MART

WHEREAS, Wal-Mart Real Estate Business Trust and Wal-Mart Stores East, LP has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2014 in Wayne County Supreme Court under index number 77373, and

WHEREAS, because the litigation costs of these challenges can be more than the Town can anticipate and afford, and the effects of such litigation extend additionally to the school, village and county tax base, the County of Wayne has adopted a policy of municipal participation in the costs and expense of such litigation by resolution 884-19 dated April 10, 2010 and

WHEREAS, the Town of Macedon attorney has advised the Town Board that this litigation meets the requirements of municipal participation in that the real property in question has an assessed value in excess of $350,000 and the petitioner is desirous of either a change of assessment of ten (10) percent or a change of at least $50,000 less than the assessed value, to wit: assessment of $14,800,000 is sought to be reduced to $9,031,000 and

WHEREAS, the Town of Macedon desires to qualify this litigation for Wayne County and Palmyra-Macedon School District participation to equally share the legal and appraisal costs of this litigation,

NOW, THEREFORE, BE IT RESOLVED that the Town of Macedon does hereby agree to share equally in the legal and appraisal costs of this litigation and does hereby request Wayne County and Palmyra-Macedon School District participation to share equally in the legal and appraisal costs of this litigation; and

BE IT FURTHER RESOLVED that proceedings will involve the County Attorney and Real Property Tax Services Director as consultants regarding appraisals and/or settlement strategies and the Town Attorney is authorized to communicate pursuant to common defense confidentiality agreements with the County of Wayne and Palmyra-Macedon School District; and

NO. 22 PAGE 2

August 28, 2014

BE IT FURTHER RESOLVED that the Town of Macedon hereby requests approval for County of Wayne, and Palmyra-Macedon School District participation in this litigation commenced under the index number set forth above for the year 2014, and

BE IT FURTHER RESOLVED, that the Town of Macedon will pay its equal share of the legal and appraisal costs of this litigation, and

BE IT FURTHER RESOLVED, that the Town Supervisor be and the same is hereby authorized to request participation by the County of Wayne and Palmyra -Macedon School District for equal participation in the legal and appraisal costs of this litigation by sending a copy of this resolution to the Wayne County Attorney with a copy to the Wayne County Real Property Tax Services director and to the Superintendent of the Palmyra -Macedon School District.

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE, MOTION CARRIED

RESOLUTION NO. 222 (2014) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2014 - CVS

WHEREAS, CVS Albany, LLC #1286-02 has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2014 in Wayne County Supreme Court under index number 77421, and

WHEREAS, the Town of Macedon, desires to qualify this litigation for Wayne County and Palmyra-Macedon School District participation to equally share the legal and appraisal costs of this litigation,

BE IT FURTHER RESOLVED, that the Town of Macedon will pay its equal share of the legal and appraisal costs of this litigation, and

BE IT FURTHER RESOLVED, that the Town Supervisor be and the same is hereby authorized to request participation by the County of Wayne and Palmyra-Macedon School District for equal participation in the legal and appraisal costs of this litigation by sending a copy of this resolution to the Wayne County Attorney with a copy to the Wayne County Real Property Tax Services director and to the Superintendent of the Palmyra-Macedon School District.

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 223 (2014) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2014 – DB PROPERTIES

WHEREAS, DB Properties, LLC. has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2014 in Wayne County Supreme Court under index number 77421, and

NO. 22 PAGE 3

August 28, 2014

WHEREAS, the Town of Macedon, desires to qualify this litigation for Wayne County and Palmyra-Macedon School District participation to equally share the legal and appraisal costs of this litigation,

BE IT FURTHER RESOLVED, that the Town of Macedon will pay its equal share of the legal and appraisal costs of this litigation, and

BE IT FURTHER RESOLVED, that the Town Supervisor be and the same is hereby authorized to request participation by the County of Wayne and Palmyra-Macedon School District for equal participation in the legal and appraisal costs of this litigation by sending a copy of this resolution to the Wayne County Attorney with a copy to the Wayne County Real Property Tax Services director and to the Superintendent of the Palmyra-Macedon School District.

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 224 (2014) RESOLUTION SEEKING COUNTY AND SCHOOL PARTICIPATION IN ARTICLE 7 LITIGATION EXPENSES FOR THE YEAR 2014 - SPOON

WHEREAS, Spoon Exhibit Services has commenced a proceeding pursuant to Article 7 of the Real Property Tax Law for the year 2014 in Wayne County Supreme Court under index number 77442, and

WHEREAS, the Town of Macedon attorney has advised the Town Board that this litigation meets the requirements of municipal participation in that the real property in question has an assessed value in excess of $350,000 and the petitioner is desirous of either a change of assessment of ten (10) percent or a change of at least $50,000 less than the assessed value, to wit: assessment of $2,970,000 is sought to be reduced to $1,000,000 and

WHEREAS, the Town of Macedon, desires to qualify this litigation for Wayne County and Gananda School District participation to equally share the legal and appraisal costs of this litigation,

NOW, THEREFORE, BE IT RESOLVED that the Town of Macedon does hereby agree to share equally in the legal and appraisal costs of this litigation and does hereby request Wayne County and Gananda School District participation to share equally in the legal and appraisal costs of this litigation; and

NO. 22 PAGE 4

August 28, 2014

BE IT FURTHER RESOLVED that the Town of Macedon hereby requests approval for County of Wayne, and Gananda School District participation in this litigation commenced under the index number set forth above for the year 2014, and

BE IT FURTHER RESOLVED, that the Town of Macedon will pay its equal share of the legal and appraisal costs of this litigation, and

BE IT FURTHER RESOLVED, that the Town Supervisor be and the same is hereby authorized to request participation by the County of Wayne and Gananda School District for equal participation in the legal and appraisal costs of this litigation by sending a copy of this resolution to the Wayne County Attorney with a copy to the Wayne County Real Property Tax Services director and to the Superintendent of the Gananda School District.

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 225 (2014) WFL NATURAL GAS BID

RESOLVED the Town Board approves the Town of Macedon to contract for natural gas with Natural Fuel Resources as bid by BOCES Bid #WFL 2015-19 and authorize the Supervisor to sign all related documents

MOTION BY MAUL, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 226 (2015) POLICE SERGEANT APPOINTED – MACNEAL

BE IT RESOLVED that Stephen MacNeal be appointed to the position Sergeant from the current Wayne County Civil Service eligibility list, with his current rate of pay.

MOTION BY MAUL, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 227 (2014) AMBULANCE DIGITECH COMPUTER ADDENDUM

WHEREAS, the Town of Macedon Ambulance, Inc. has contracted with Digitech Computer Inc. for billing services;

WHEREAS, Digitech Computer Inc. has submitted to the Town a proposed Business Associate Addendum to be added to the existing agreement between the parties, to ensure compliance with recently promulgated regulations under HIPPA and the HITECH Act;

BE IT RESOLVED, the Town Supervisor is hereby authorized to sign the Business Associate Addendum on behalf of the Town of Macedon Ambulance, Inc.

MOTION BY PAGANO, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 228 (2014) WAYNEPORT ROAD LAND PURCHASE – FAIRPORT YACHT CLUB

WHEREAS, by Resolution No. 68 (2014) duly passed by the Town Board at its regular scheduled meeting on February 13, 2014, the Town Board authorized the Town Supervisor to sign a purchase and sale contract with Fairport Yacht Club, Inc., for the Town to be conveyed the property located at 1811 Wayneport Road for the purchase price of $1;

WHEREAS, to effectuate said conveyance, the Fairport Yacht Club, Inc. has duly executed a warranty deed dated August 7, 2014 along with documentation required by the New York State Department of Taxation;

BE IT RESOLVED, the Town of Macedon hereby accepts from the Fairport Yacht Club, Inc., the property located at 1811 Wayneport Road;

BE IT FURTHER RESOLVED, the Town Supervisor is hereby authorized to sign and record all documentation necessary to finalize the aforesaid conveyance on behalf of the Town of Macedon.

MOTION BY MAUL, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

NO. 22 PAGE 5

August 28, 2014

RESOLUTION NO. 229 (2014) WATER LINE UTILITY EASEMENT – MIDLAKES - WILES

WHEREAS, Peter Wiles, Jr. and Sara Wiles-Ehmann, president and vice president of Midlakes Erie Ltd., have agreed to convey to the Town of Macedon and the Wayne County Water and Sewer Authority a water line utility easement across certain real property located at 1125 Marina Parkway, Macedon, New York, as more particularly described in Schedule A (the “Water Line Utility Easement Area”) and depicted in Schedule B (“Survey Map”), attached to said easement, copies of which are filed with the Town Clerk;

BE IT RESOLVED, the Town of Macedon hereby accepts the aforesaid water line utility easement;

BE IT FURTHER RESOLVED, the Town Supervisor is hereby authorized to sign and record the aforesaid water line utility easement on behalf of the Town of Macedon.

MOTION BY MAUL, SECONDED BY KENYON

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

HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 230 (2014) SEWER LINE EASEMENT – MIDLAKES - WILES

WHEREAS, Peter Wiles, Jr. and Sara Wiles-Ehmann, president and vice president of Midlakes Erie Ltd., have agreed to convey to the Town of Macedon a sewer line easement across certain real property located at 1125 Marina Parkway, Macedon, New York, as more particularly described in Schedule A (the “Sewer Line Utility Easement Area”) and depicted in Schedule B (“Survey Map”), attached to said easement, copies of which are filed with the Town Clerk;

BE IT RESOLVED, the Town of Macedon hereby accepts the aforesaid sewer line easement;

BE IT FURTHER RESOLVED, the Town Supervisor is hereby authorized to sign and record the aforesaid sewer line easement on behalf of the Town of Macedon.

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 231 (2014) AMBULANCE PERSONNEL APPOINTMENT – ELSBREE

RESOLVED that the Macedon Town Board appoint Adam Elsbree to the full time position of ALS provider effective September 8, 2014 at the rate of $18.04 per hour from A4540.100.

MOTION BY KENYON, SECONDED BY PAGANO

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

HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 232 (2014) WASTE MANAGEMENT RESIDENTIAL DROP OFF FEE

RESOLVED the Town Board authorize the proposed increase for Waste Management residential drop off fee by $1 as described in their August 20, 2014 memo.

MOTION BY MAUL, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

Budget sheets have been distributed to department heads and are due back by September 8.

Town Attorney David Fulvio and Board reviewed the status of the sewer litigation with the Village of Macedon. In June the Town met with the Village, July exchanged drafts, July 16 the attorneys reviewed the latest draft over the phone and two (2) days later redraft was received. Language in the contract did not protect the Town regarding capital improvements. Proposed revisions were sent to the Town prior to Village approval. To date the Village has not approved this contract. Two (2) weeks ago it went before the Judge, who was frustrated the Village had not responded. The reason for not responding was the vacation of Mayor Cramer and Engineer Cornwall. We have not received the sewer use ordinance as well. Attorney Fulvio should receive the ordinance by tomorrow. Discussion by the Village has been rekindled on the $5,000 study regarding ClearCove technology to be expensed out of the sewer fund. The sewer fund is for operation and maintenance. This would be considered a capital improvement and not operation and maintenance. It was understood by the Town this had been scrapped. Recent Village sewer meeting notes stated they were on the EFC list for a $7 million loan. This would be a loan and not a grant. The sewer district is not eligible for subsidized money. The Village continues to stall and without the Town’s input or interest. Our concerned is that the plant needs to be managed effectively and efficiently as possible. If any debt is incurred the sewer rate payers will be stuck with that debt. Sewer expenses have not been validated to the Town. Why aren’t the Village residents at the Village Board meetings and asking questions? Attorney Fulvio will ask the Judge to give his understanding of expenditures under the existing injunction. Village residents should be asking what the rates will be to the residents. If they can not provide the residents with a rate, they have not done their job. The Village has also discussed bringing BOD from outside the Town and Village.

NO. 22 PAGE 6

August 28, 2014

RESOLUTION NO. 233 (2014) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:40 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. 234 (2014) OPEN SESSION

RESOLVED the Board return to Open Session at 9:30 p.m.

MOTION BY PAGANO, SECONDED BY MCEWEN

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

HAMMOND AYE MOTION CARRIED

MOTIONED BY KENYON, SECONDED BY HAMMOND THE MEETING BE ADJOURNED AT 9:30 P.M.

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Judy W. Gravino, RMC

Macedon Town Clerk