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………………David Maul
                                               Councilperson………………David Morrison
                                               Supervisor…………………..William Eddy

Absent:                                  Councilperson……………….Paul Kenyon

Also Present:

                                              Town Clerk…………………Judy Gravino
                                              Attorney…………………….Katie Vallani
                                              Highway Superintendent……Richard Roets

RESOLUTION NO. 49 (01)  APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of January 11, 2001 as presented.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

REPORTS – The Supervisor presented the following:
 Accountant Report dated 1/25/01 on Justice Court Records Review
RESOLUTION NO. 50 (01)  APPROVAL OF REPORTS
RESOLVED the reports submitted here be approved.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
Councilperson Hammond complimented Barb Forshay, Court Clerk, on her record keeping.

Councilperson Kenyon entered the meeting at 7:31 p.m.

RESOLUTION NO. 51 (01)  COURT RECORDS AUDITED
BE IT RESOLVED that the Town Board acknowledges receipt of the review of the Justice Court Records performed by Kim Leonard, Town of Macedon Accountant and William Hammond, Town of Macedon Councilperson.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 52 (01)  DEPUTY ANIMAL CONTROL OFFICER RESIGNATION – BAKER
RESOLVED the Board acknowledges the resignation of Michael Baker as Deputy Animal Control Officer effective February 1, 2001.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

MRB submitted a proposal to provide professional services for the design and preparation of contract documents for the new Highway Facility and two (2) schematic/conceptual options for the new Macedon Town Hall.  The Board reviewed these submissions.  A lengthy discussion followed.  This will be a Town of Macedon facility.  Gananda School will pay back on an annual basis within 10 years.  A lease agreement allows the school to receive state aid.  The Town is still waiting for the results from the insurance company.  An update from Chapman’s Insurance Agency will be requested.

Scout Troop 166 attended the meeting.
 
RESOLUTION NO. 53 (01)  BERNARD P. DONEGAN, INC. FINANCIAL CONSULTING SERVICES
BE IT RESOLVED BY THIS TOWN BOARD AS FOLLOWS:
(1) The firm of Bernard P. Donegan, Inc., is hereby designated financial consultant to the Town of Macedon.
(2) Said firm shall be compensated for its services to be rendered in connection with the capital projects: Highway Equipment, Town Hall and Highway Garage Facilities in accordance with its proposal letter dated January 16, 2001.

NO. 3     PAGE 2
 JANUARY 25, 2001

(3) The Supervisor is hereby authorized to execute and deliver said proposal letter.
(4) This resolution shall take effect immediately.
MOTION BY MAUL,  SECONDED BY HAMMOND

RESOLUTION NO. 54 (01)  TABLE RESOLUTION NO. 53 (01)
RESOLVED the Board table RESOLUTION NO. 53 (01) BERNARD P. DONEGAN, INC FINANCIAL CONSULTING SERVICES.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

The Clerk will re-advertise for the opening on the Zoning Board of Appeals.  One application was received after the deadline.

RESOLUTION NO. 55 (01)   FARMLAND PRESERVATION COMMITTEE TO DEVELOP MOU
RESOLVED the Town Board appoints Dave Maul and Attorney Anthony Villani to develop a Memorandum of Understanding between the Town of Macedon and the Genesee Land Trust.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 56 (01) WASTE MANAGEMENT/HIGH ACRES SPECIAL USE PERMIT
WHEREAS WASTE MANAGEMENT, INC. (HEREINAFTER “PROJECT SPONSOR”), 425 PERINTON PARKWAY, ROCHESTER, NY 14450 ATTENDED THE MEETING OF THE MACEDON TOWN BOARD ON JANUARY 11, 2001 AND SUBMITTED ITS APPLICATION FOR A SPECIAL USE PERMIT FOR THE HIGH ACRES YARD WASTE COMPOSTING AND WOOD WASTE RECYCLING FACILITY TO BE LOCATED WITHIN THE TOWN OF MACEDON, AND THE TOWN BOARD HAS NOW HAD AN OPPORTUNITY TO MAKE A PRELIMINARY REVIEW OF SAID APPLICATION, BE IT RESOLVED AS FOLLOWS:
(1) Resolved that the proposed action is subject to the New York State Environmental Quality Review Act.
PROPOSED:  HAMMOND, 2nd KENYON,
         ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                              MORRISON AYE,  EDDY AYE  MOTION CARRIED
(2) Resolved that the proposed action does not involve a federal agency.
PROPOSED:  KENYON, 2nd  HAMMOND
         ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                             MORRISON AYE,  EDDY AYE  MOTION CARRIED
(3) Resolved that the proposed action may involve one or more other agencies, i.e. New York State Department of Environmental Conservation.
PROPOSED:  HAMMOND, 2nd  KENYON,
         ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                              MORRISON AYE,  EDDY AYE  MOTION CARRIED
(4) Resolved that a preliminary classification of the proposed action, using the information available and comparing it with the thresholds set forth in 6 NYCRR 617.4, is a Type I action.
PROPOSED:  HAMMOND,  2nd  KENYON,
         ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
(5) Resolved that as a Type I action, a full environmental assessment form complying with the provisions of 6 NYCRR 617.20 is required and the project sponsor must complete Part I of the full environmental assessment form, including a list of all other involved agencies that the project sponsor has been able to identify, exercising all due diligence.  The lead agency shall be responsible for preparing Part 2 and, as needed, Part 3; however, said environmental assessment form shall be waived if a draft environmental impact statement is prepared or submitted by the project sponsor, in which case, the draft environmental impact statement shall be treated as an environmental assessment form for the purpose of determining significance.
PROPOSED:  HAMMOND, 2nd  KENYON,
         ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
(6) Resolved that compliance with the provisions of subdivision (4) of section 305 of article 25-AA of the Agriculture and Markets Law, is not required.
PROPOSED:  KENYON, 2nd  HAMMOND,
         ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL ABSTAIN,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 57 (01)   BERNARD P. DONEGAN, INC. FINANCIAL CONSULTING
                                                 SERVICES ON THE FLOOR AGAIN
RESOLVED that the Board put the BERNARD P. DONEGAN, INC. FINANCIAL CONSULTING
SERVICES resolution back on the floor.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
NO. 3     PAGE 3
 JANUARY 25, 2001

RESOLUTION NO. 58 (01) BERNARD P. DONEGAN, INC. FINANCIAL CONSULTING SERVICES
BE IT RESOLVED BY THIS TOWN BOARD AS FOLLOWS:
(1) The firm of Bernard P. Donegan, Inc., is hereby designated financial consultant to the Town of
         Macedon.
(2) Said firm shall be compensated for its services to be rendered in connection with the capital projects: Highway Equipment, Town Hall and Highway Garage Facilities in accordance with its proposal letter dated January 16, 2001.
(3) The Supervisor is hereby authorized to execute and deliver said proposal letter.
(4) This resolution shall take effect immediately.
(5) Subject to fee being agreeable.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 59 (01)  BOND RESOLUTION FOR HIGHWAY VEHICLES
BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF MACEDON, NEW YORK (hereinafter referred to as the “Town”), by the favorable vote of not less than two-thirds of all of the members of such Board, as follows:

Section 1.  The Town of Macedon shall undertake the acquisition of vehicles, machinery and apparatus as move specifically described in Section 3 hereof.

Section 2.  The Town of Macedon is hereby authorized to expend up to $735,000 for such acquisition, and the Town is authorized to issue its General Obligation Serial Bonds in an aggregate principal amount up to $140,000 pursuant to the Local Finance Law of the State of New York in order to finance the purpose described herein.

Section 3.  The specific object or purposes to be financed pursuant to this resolution (hereinafter described as “purpose”) are the acquisition of highway trucks, vehicles, equipment and apparatus.

Section 4.  It is hereby stated that (a) the estimated maximum aggregate cost of said purpose, which may include preliminary costs and costs incidental thereto and costs of the financing thereof, is estimated to be $735,000 and said amount is hereby appropriated therefor, (b) no money has heretofore been authorized to be applied to the payment of the cost of said purpose, and (c) the plan for financing of said purpose is to provide up to 140,000 of such maximum cost by issuance of obligations as herein authorized, with the balance to be paid with current funds made available therefor, presently including insurance proceeds in the amount of $591,000 and interest earnings thereon.

Section 5.  It is hereby determined and declared that (a) said purpose is one of the class of object or purposes described in Subdivisions 28, 29 and 89 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is hereby restricted to five (5) years.

Section 6.  The Town of Macedon is hereby authorized to issue its Bond Anticipation Notes in an aggregate principal amount not to exceed $140,000, pursuant to the Local Finance Law of New York, in order to finance the purpose in anticipation of the issuance of the above described Bonds.

Section 7.  It is hereby stated that (a) there are presently no outstanding Bond Anticipation Notes issued in anticipation of the sale of said Bonds, (b) the Bond Anticipation Notes authorized by this resolution shall mature within one (1) year from the date of their issuance or such later date as may be desired in accordance with the Local Finance Law, (c) such Bond Anticipation Notes are not issued in anticipation of Bonds for an assessable improvement, (d) the proposed maturity of the obligations authorized by this resolution will not be in excess of five years, to be measured from the date of the Bonds or from the date of the first Bond Anticipation Note issued in anticipation of the sale of the Bonds, whichever date is the earlier, and (e) prior to the issuance of the Bond Anticipation Notes or Bonds herein authorized there will be provided the appropriate amount of current funds required by Section 107.00 of the Local Finance Law, if any.

Section 8.  The bonds and notes authorized by this resolution shall contain the recital of validity prescribed in Section 52.00 of the Local Finance Law and such bonds and notes shall be general obligations of the Town and all the taxable real property in the Town is subject to the levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount.

Section 9.  It is hereby determined and declared that the Town reasonably expects to reimburse the general fund, or such other fund as may be utilized, not to exceed the maximum amount authorized herein, from the proceeds of the obligations authorized hereby for expenditures, if any, from such fund that may be made for the purpose prior to the date of the issuance of such obligations.  This is a declaration of official intent under Treasury Regulations 1.150-2.
 
 
 
 

NO. 3     PAGE 4
 JANUARY 25, 2001

Section 10.  The power to further authorize the sale, issuance and delivery of said bonds and notes and to prescribe the terms, form and contents of said bonds and notes, including, without limitation, the consolidation with other issues, the determination to issue bonds with substantially level or declining annual debt service, all contracts for, and determinations with respect to, credit or liquidity enhancements, if any, and to sell and deliver said bonds and notes, subject to the provisions of this resolution and the provisions of the Local Finance Law, is hereby delegated tot he Town Supervisor, the Town’s chief fiscal officer.  The Town Supervisor and the Town Clerk or Deputy Clerk are hereby authorized to sign by manual of facsimile signature and attest any bonds and notes issued pursuant to this resolution, and are hereby authorized to affix to such bonds and notes the corporate seal of the Town of Macedon.

Section 11.  The faith and credit of the Town of Macedon, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds and notes as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year.

Section 12.  This resolution, or a summary hereof, shall be published in full by the Town Clerk of the Town of Macedon together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law, and such publication shall be in each official newspaper of the Town, in the manner prescribed by law.  The validity of said bonds and bond anticipation notes issued in anticipation of the sale of said serial bonds, may be contested only if such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or the provisions of law which should be complied with, at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution.

Section 13.  This resolution shall take effect immediately upon its adoption.

PROPOSED:KENYON, 2nd   HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 60 (01)  WASTE MANAGEMENT LETTER OF CREDIT RELEASE
RESOLVED the Town Board authorize the release of Waste Management’s letter of Credit (LC) Number S200482 for a Special Use Permit for Mining at Waste Management’s High Acres Landfill based on the permit no longer in effect and no pending application.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

It was the consensus of the Town Board to continue processing water service applications.

A lengthy discussion followed on the new town hall.  The Board authorized Councilperson Kenyon to proceed with the plans for a 5,200 square foot, 40’ x 66’ modular building.  Councilperson Kenyon will work on a request for proposals.

The Planning Board is looking into a traffic overlay district.  The Board discussed a letter drafted by Scott Allen and Councilperson Hammond asking Providence Homes to contribute $3,000 to the Town to be earmarked for maintenance and upgrade of the Canandaigua and Victor Road intersection.  The Board feels the proximity of the proposed development to the intersection warrants this impact fee.  Based on the review and traffic study it is the consensus of the Town Board that the original cut at Brixton remain without any additional cuts.

Discussion followed on insurance costs.  Insurance costs are up 20%.  Last year insurance costs were $38,000 with a projected cost of $46,000 for 2001.  The increase in insurance is based on budget increase.
There is a short rate penalty of $3,900 if the Town goes with another carrier.  Chapman’s highly recommended not moving insurance carriers from St. Paul while the Town is in negotiations for a claim settlement.  Due to the Morrison lawsuit against the Town Board, which may take years to iron out, it is unwise to move the account mid-term.  The Town’s account was not put out to bid by Chapman’s due to these outstanding claims.  They recommend to wait until the year 2002 to put the Town insurance out to bid.  The account will look much better with a new highway and complex building.  The attorney will look at the policy.

The short list of engineering firms consists of MRB, Costich, LaBella and Larsen.  The Supervisor will contact applicants.
 
 
 
 
 
 
 

NO. 3     PAGE 5
 JANUARY 25, 2001

RESOLUTION NO. 61 (01) DOG CONTROL OFFICER – WEEKENDS - VENDEL
BE IT RESOLVED the Town Board hereby appoints Tim Vendel to the position of Dog Control Officer on weekends effective February 1, 2001 at a rate of $300/month plus mileage and expenses for a probationary period of three months.  Mr. Vendel will use Orchard Kennels on Route 441 and Walworth Animal Hospital for injured animals.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 62 (01)  EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 11:05 p.m. to discuss litigation.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 63 (01)  OPEN SESSION
RESOLVED the Board returns to Open Session at 11:36 p.m.
MOTION BY EDDY,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

MOTION BY HAMMOND,  SECONDED BY KENYON THAT THE MEETING BE ADJOURNED.
THE MEETING ADJOURNED AT 11:38 PM.
 
 

                  _____________________________________
               Judy W. Gravino, Town Clerk