The Regular Meeting of the Town Board of the Town of Macedon held January 11, 2001 at the Town Complex, 30 Main Street, in the Village of Macedon, was called to order by Supervisor William E. Eddy at 7:30 p.m.
Pledge of Allegiance.
Upon Roll Call, the following members of the Board were present:
Councilperson………………William Hammond
Councilperson………………Paul Kenyon
Councilperson………………David Maul
Councilperson………………David Morrison
Supervisor…………………..William Eddy
Also Present:
Town Clerk…………………Judy Gravino
Sue Norman requested an update on the Forsay property. The Attorney will address when he arrives.
RESOLUTION NO. 35 (2001) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of January 4, 2001 as presented.
Councilperson Morrison requested the following be included:
Councilperson Morrison questioned if Mario
Fioravanti was certified. The Clerk phoned Mr. Fioravanti
and was informed that he was certified.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
REPORTS – The Supervisor presented the following reports:
NYS Dept. of Agriculture and Markets DCO-Shelter Compliance Report
dated 12/6/00
Building & Zoning Office Quarterly Report – 4th Quarter 2000
Town Clerk’s December Monthly Report
Town Clerk’s 2000 Annual Report
RESOLUTION NO. 36 (2001) REPORTS
RESOLVED the reports submitted here be approved.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
Ora Rothfuss, Wayne County Planning Department, updated the Board on the Farmland Preservation Program. Gay Mills, Executive Director of the Genesee Land Trust, gave a brief description of the organization. The Genesee Land Trust is a private, nonprofit land conservation organization founded to preserve and protect open lands in the greater Rochester area. Mr. Rothfuss proposed forming a committee to develop a Memorandum Of Understanding (MOU) between the Town of Macedon and Genesee Land Trust. A copy of his update follows. A seminar is scheduled March 1, 2001 at the Farm Restaurant.
Attorney Villani entered the meeting at 7:37 p.m. There was a proceeding brought in justice court against Forsay that resulted in a series of fines. This is being reduced to judgement. Mr. Forsay has not paid the fines and the problem has not been abated. The attorney will be asking the Board for permission to bring action in the Supreme Court to bring him into compliance. This will take a couple of months.
Jeff Richardson, High Acres & Waste Management presented a proposal to relocate a 12-acre compost facility that existed within the property they own in the Town of Perinton. With their landfill progression as they move east there is a need to relocate some infrastructure. The compost area needs to be relocated. This process started back in 1997. They have worked with the Town to rezone the property from AR40 and MHD to AR40 and ORM. An SRSPC Overlay was approved 1/13/2000 for the compost area. An application for a Special Use Permit is before the Board. MRB’s comments have been addressed. Because this is a separate application the Town needs to go through the SEQRA process.
RESOLUTION NO. 37 (2001) HIGH ACRES YARD WASTE COMPOSTING
& WOOD WASTE
RECYCLING FACILITY SPECIAL USE PERMIT LEAD AGENCY
& PUBLIC HEARING SET
BE IT RESOLVED THE Town declares itself Lead Agency for the purposes
of SEQRA review and schedules a Public Hearing February 8, 2001 at 8:30
p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
NO. 2 PAGE 2
JANUARY 11, 2001
RESOLUTION NO. 38 (2001) WASTE MANAGEMENT LONG RANGE PLANS
WHEREAS the Town Board is in receipt of a request from Waste Management
to discuss their long-range Development plans for the High Acres facility
in Penfield and for the 300 + adjacent acres located in Macedon
BE IT RESOLVED that the Town Board appoints the following individuals
to serve on the High Acres Long Range Plan Committee which shall be responsible
for addressing any long-range development plans proposed by Waste Management
and shall engage in such discussions, negotiations and planning activities
as the Committee deems appropriate while periodically reporting to and
receiving instruction from the Town Board with regard to those activities:
Scott Allen
David Maul
William Eddy
AND BE IT FURTHER RESOLVED that the Town Board retains Boylan, Brown,
Vigdor and Wilson, LLP, to represent the Town of Macedon in the course
of those discussions or in any long-range development planning on the same
terms as set forth in the firm’s retainer agreement of September 14, 2000.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 39 (2001) PULCINI MINING OPERATION – QUAKER ROAD
RESOLVED that renewal is granted to Walter Pulcini for a Mining Permit
on the north side of Quaker Road to expire December 31, 2001 subject to:
(1) The applicant shall secure a NYSDEC mining permit for operation
prior to the issuance of a permit hereunder by the Town, and shall comply
with all conditions imposed under said NYSDEC mining permit.
(2) The project shall be operated in accordance with the provisions
of Section 135-173 of the Zoning Ordinance of the Town of Macedon, and
in strict conformity with such other rules and regulations reasonably established
and imposed by the Town Board from time to time, and the permit shall be
revocable by the Town Board at any time that any of the terms and conditions
referred to herein, or otherwise imposed, are not met.
(3) Permit renewal will be considered in December of 2001. An
annual inspection shall be required to be scheduled with the Town and design
engineer by the Operators by October 10 of each year proceeding expiration
of annual permit and applications be submitted in November prior to their
December renewal date. At the time of annual inspection and permit
renewal any noise or similar complaints will be considered.
(4) Only that area described in the application and plans submitted
shall be utilized.
(5) No topsoil shall be removed from the site.
(6) The site will be open for inspection at all times.
The Town Engineer and Code Enforcement Officer shall inspect the subject
premises annually and file a written report of said inspection with the
Town Clerk attesting to compliance and any and all other restrictions as
may be imposed by the Town Board from time to time.
(7) The applicant shall provide the Town with a certificate of insurance
naming the Town as an additional insured in an amount of one (1) million
dollars per occurrence and two (2) million dollars aggregate.
(8) All utilities shall be underground.
(9) The permit shall be nontransferable.
(10) An applicant shall pay the Town Clerk a regulatory fee of four
cents ($.04) per ton, minimum regulatory fee $300, of excavated material,
including gravel, stone, topsoil, wood products and the like, removed from
the applicant’s excavation premises during the previous year according
to the applicant’s records, which shall be made available to the Town Board
for inspection for the purpose of verifying the quantity of materials excavated
and removed prior to renewal of permit.
(11) Updated plans showing current limits of excavation and phasing
(if applicable), restoration progress outlining areas that have been reclaimed
to date, etc. prior to renewal for the year 2002. Updates will be
required thereafter as deemed necessary by the Town Engineer or Code Enforcement
Officer.
Special Conditions:
(1) Any and all conditions as addressed in the letter from the Town
Engineers dated November 3, 2000
must be complied with.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
Art Elting, Alderman Road, was concerned about truck traffic.
The Supervisor previously requested a petition from Mr. Elting. Supervisor
Eddy spoke to the Police and the County. A petition is needed.
Mr. Elting agreed to provide the petition.
NO. 2 PAGE 3
JANUARY 11, 2001
RESOLUTION NO. 40 (2001) SMITH MINING PERMIT – WALWORTH ROAD
(1) The applicant shall secure a NYSDEC mining permit for operation
prior to the issuance of a permit hereunder by the Town, and shall comply
with all conditions imposed under said NYSDEC mining permit.
(2) The project shall be operated in accordance with the provisions
of Section 135-173 of the Zoning Ordinance of the Town of Macedon, and
in strict conformity with such other rules and regulations reasonably established
and imposed by the Town Board from time to time, and the permit shall be
revocable by the Town Board at any time that any of the terms and conditions
referred to herein, or otherwise imposed, are not met.
(3) Permit renewal will be considered in December of 2001. An
annual inspection shall be required to be scheduled with the Town and design
engineer by the Operators by October 10 of each year proceeding expiration
of annual permit and applications be submitted in November prior to their
December renewal date. At the time of annual inspection and permit
renewal any noise or similar complaints will be considered.
(4) Only that area described in the application and plans submitted
shall be utilized.
(5) No topsoil shall be removed from the site.
(6) The site will be open for inspection at all times.
The Town Engineer and Code Enforcement Officer shall inspect the subject
premises annually and file a written report of said inspection with the
Town Clerk attesting to compliance and any and all other restrictions as
may be imposed by the Town Board from time to time.
(7) The applicant shall provide the Town with a certificate of insurance
naming the Town as an additional insured in an amount of one (1) million
dollars per occurrence and two (2) million dollars aggregate.
(8) All utilities shall be underground.
(9) The permit shall be nontransferable.
(10) An applicant shall pay the Town Clerk a regulatory fee of four
cents ($.04) per ton, minimum regulatory fee $300, of excavated material,
including gravel, stone, topsoil, wood products and the like, removed from
the applicant’s excavation premises during the previous year according
to the applicant’s records, which shall be made available to the Town Board
for inspection for the purpose of verifying the quantity of materials excavated
and removed prior to renewal of permit.
(11) Updated plans showing current limits of excavation and phasing
(if applicable), restoration progress outlining areas that have been reclaimed
to date, etc. prior to renewal for the year 2002. Updates will be
required thereafter as deemed necessary by the Town Engineer or Code Enforcement
Officer.
Special Conditions:
(1) Any and all conditions as addressed in the letter from the Town
Engineers dated November 3, 2000
must be complied with.
(2) Truck traffic to enter and exit from the north only, except for
local delivery purposes.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 41(2001) PEST CONTROL
RESOLVED the Town Board authorizes the Supervisor to enter into a contract
with Enviro-tech to provide pest control at the Town Complex and Bullis
Park at a cost of :
Town Complex $60/Month
Bullis
31/Month May-Sept.
To be expensed from A1620.4 and A7110.4 respectively (quotes follow)
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 42 (2001) GARBAGE DISPOSAL
RESOLVED the Board authorizes the Supervisor to enter into a contract
with Waste Management to provide garbage disposal at the following locations:
(quotes follow)
Town Hall 4 cubic
yards $58/Month
+10/Month Recycling
Highway
3 cubic yards $49/Month
Bullis
6 cubic yards $75/Month March-October
To be expensed from A1620.4, A1620.4 and A7110.4 respectively
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
NO. 2 PAGE 4
JANUARY 11, 2001
RESOLUTION NO. 43 (2001) MASTER PLAN COMMITTEE
WHEREAS the Macedon Town Board formed the Master Plan Implementation
Committee at their August 24, 2000 Town Board Meeting and
WHEREAS the Macedon Town Board deems it necessary to continue the Master
Plan Committee in the year 2001 be it further
RESOLVED that the following individuals be re-appointed to said committee:
Debbie Proctor, Charles Packard, Mark Henning, Donald Reeners,
Carolyn Gregoire, Merton Bartels, Bruce Niven, Dean Collins,
William Hammond and David Morrison
AND BE IT FURTHER RESOLVED that Dean Collins be re-appointed as the
Master Plan Implementation Committee Chairman effective 01/01/2001
AND BE IT FURTHER RESOLVED that Shawn Habecker be re-appointed clerk
to said committee at a rate of $7.16/hour effective 01/01/2001.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 44 (2001) TOWN CLERK’S BOOKS PRESENTED TO THE BOARD
RESOLVED the Town Board acknowledges the Town Clerk submitted her cashbook,
receipt books, bank statements, cancelled checks, monthly reports, check
book and annual report to the board for examination.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 45 (2001) REAL PROPERTY TAX EXEMPTION FOR PERSONS
SIXTY-FIVE
(65) YEARS OF AGE OR OLDER PUBLIC HEARING RESCHEDULED
RESOLVED the Town Board reschedule the public hearing on the Real Property
Tax Exemption for persons sixty-five (65) years of age or older to be held
February 8, 2001 at 8:00 p.m. to consider raising the senior citizen sliding
scale as follows:
Annual Income
PERCENTAGE ASSESSED VALUATION
Less than $20,500
50 per centum
$20,500 to less than $21,500
45 per centum
$21,500 to less than $22,500
40 per centum
$22,500 to less than $23,500
35 per centum
$23,500 to less than $24,400
30 per centum
$24,400 to less than $25,300
25 per centum
$25,300 to less than $26,200
20 per centum
$26,200 to less than $27,100
15 per centum
$27,100 to less than $28,000
10 per centum
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
Discussion on section 135-195B of the Macedon Town Code referring to
signs erected before the adoption of the chapter shall be allowed to continue
for a period of not more than ten (10) years from the effective date of
the chapter. At the end of the ten-year period, all such nonconforming
signs shall be removed.
This period expired in May. Attorney Villani will advise.
Discussion followed on the Moratorium. It was the consensus of the Town Board to deny any future requests for rezoning to allow the master plan implementation committee to reflect the changes from the Master Plan into the Macedon Town Code Book.
RESOLUTION NO. 46 (2001) ENTER EXECUTIVE SESSION
RESOLVED the Board enter Executive Session at 9:07 p.m. to discuss
particular personnel matters.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 47 (2001) RETURN TO OPEN SESSION
RESOLVED the Board return to Open Session at 10:05 p.m.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
The Planning Board has another application before it for a senior housing
project behind the Post Office. The developer has been requested
to participate in the cost of the signal light. Discussion followed
on determining a formula to apply uniformly to developments.
Projected traffic flow was suggested.
Mr. Welker contributed $15,000. Councilperson Hammond will ask
the Planning Board for their input.
NO. 2 PAGE 5
JANUARY 11, 2001
Discussion followed on the letter dated January 4, 2001 from Information
Packaging requesting reimbursement for the machinery and labor to dig a
new trench in the amount of $400. The pipe, labor and equipment were
furnished by the Town and Information Packaging supplied the shovel at
a cost of $400.
It was the consensus that the Town would not reimburse the $400.
The consensus of the Board was to direct Donna Komor, Assessor, to consult with the Town Attorney regarding assessment matters.
ABSTRACT NO. 1-2001
Claim Nos. 2445-2588
Expenditures in the amount of $462,268.53
( 2.52 ) credit
$462,266.01
RESOLUTION NO. 48 (2001) PAYMENT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
MOTION BY HAMMOND, SECONDED BY EDDY THAT THE MEETING BE ADJOURNED.
THE MEETING ADJOURNED AT 11:10 PM.
______________________________________
Judy W. Gravino, Town Clerk