The Regular Meeting of the Town Board of the Town of Macedon held February 8, 2001 at the Town Complex, 30 Main Street, in the Village of Macedon, was called to order by Deputy Supervisor William 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 Morrison
Deputy Supervisor………….William Hammond
Absent:
Councilperson……………….Paul Kenyon
Supervisor…………………..William Eddy
Also Present:
Highway Superintendent……Richard Roets
Attorney…………………….Anthony Vallani
Town Clerk…………………Judy Gravino
Supervisor Eddy is absent due to illness.
REPORTS – Deputy Supervisor Hammond presented the following:
Court – Audit Report Status
Parks & Recreation 1/2001 & 2000 Year End
Police December, 2000 Monthly Report
Accountant Year End Report
RESOLUTION NO. 64 (01) REPORTS
RESOLVED that the reports submitted here be approved.
MOTION BY MAUL, SECONDED BY MORRISON
ROLL CALL VOTE: HAMMOND AYE, KENYON ABSENT,
MAUL AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
CORRESPONDENCE – Deputy Supervisor Hammond presented the following:
Macedon Town/Village Joint Sewer Commission December 8, 2000 minutes
Letter from Melinda Miller stating lost property in the highway fire
dated January 25, 2001.
Memo from Donna Baran with recommendations regarding the Bullis Park/Midlakes
Marina area dated
February 1, 2001
Notice of scheduled meeting to be held in the area by Assemblyman Oaks
Emergency call list for NYSEG dated January 25, 2001
Letter dated February 2, 2001 from Mayor Jim Hoteling reviewing the
meeting held with the Supervisor
regarding Police issues.
DOT notification to Julianna Vecchiotti that deer warning signs on
Route 31 will be installed between
Yellow Mills Road and a point ½ mile
westerly.
Street sign request dated January 25, 2001 from Tricia A. Vattimo for
Evergreen Hills Development.
Councilperson Maul reported that there has been zoning violations in the past on the Forsay property located on West Walworth Road. Apparently the situation has escalated. It appears there are rats coming from the property and some of the other properties on the road. The attorney advised new charges have been completed. After speaking with the Supervisor, the Attorney requested Mario Fioravanti, Building Inspector, to look at the properties so that we could initiate the nuisance abatement proceeding. A report has been filed. The attorney recommended the Board take action pursuant to statute. The next step is to serve notice on the persons involved to remedy the situation, which shall commence within 30 days and shall be completed within 60 days. A hearing shall be scheduled no less than 5 business days from the service of the notice. If it is not rectified within that time, the town has the right to correct the problem and assess to the property. Deputy Supervisor Hammond read the report dated February 7, 2001 from the Building Inspector. Due to time restraints the Building Inspector was unable to make a determination as to which property is the source of the problem. He has not had an opportunity to conduct such inspections as are required to make that determination. The Board can wait or direct that both properties be cleaned.
RESOLUTION NO. 65 (01) NUISANCE ABATEMENT PROCEDINGS – WEST WALWORTH
ROAD
RESOLVED that the Town Board has considered the report of the Building
Inspector and determined that the existence of rats on those properties
render the properties unsafe and dangerous and further order the cure of
the problem by the owners thereof and further authorize the attorney serve
a notice upon the owners and schedule a hearing on March 8, 2001.
MOTION BY HAMMOND, SECONDED BY MORRISON
ROLL CALL VOTE: HAMMOND AYE, KENYON ABSENT,
MAUL AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
NO. 4 PAGE 2
FEBRUARY 8, 2001
Any comments other than on the agenda:
Mark Henning asked for a report on the water break at Bullis Park. Richard Roets, Highway Superintendent, stated there was no damage to any of the park items. It looks like one toilet and it looks like the break is outside the wall. The Town will not know until warm weather sets in. The WCWSA will help us with the water bill.
Bruce Chapman, Chapman’s Insurance Agency, updated the Board on the
Highway Barn fire claim. All buildings and contents are on a blanket
schedule subject to a maximum loss of $1,731,200 for all the buildings
and contents that the town owns. The property schedule shows a building
value of $325,000 and a contents value of $66,300 for the Highway Barn
Location with a $250 deductible. Due to the fact that the buildings
and contents are on a blanket basis the Town of Macedon is not locked into
a value of $325,000 and $66,300 respectively for the highway barn building
and contents. The property is covered on a replacement cost valuation.
The report is attached. Rental of the trailer and refurbishing the
other building will fall under extra expenses. They are waiting on
the Forensic Accountant to analyze information. Grand total paid
to date is $919,668 with more anticipated due to the full building and
contents have not been paid, as well as the ordinance or law. It
looks like it will be about $1,300,000-$1,400,000 when completed.
Councilperson Morrison asked if the diesel fuel spill will be covered.
DEC was on site. Pollution cleanup in the policy is due to a hostile
fire. If it was determined that the fire was the cause, the policy
would pay. If it were a result of negligence, the third party, this
would not pay because the Town would have no liability. DEC suggested
staying on top of.
8:00 PUBLIC HEARING – REAL PROPERTY TAX EXEMPTION FOR PERSONS SIXTY-FIVE
YEARS OF AGE OR OLDER
Deputy Supervisor Hammond read the legal notice published in the January 22, 2001 issue of the Times. The Public Hearing was declared open.
Donna Komor, Assessor, informed the Board that the State occasionally reviews the income guidelines. The Town can set anything lower with this being the maximum. This will raise it by $1,000 at the 50% level and all the graduations go up as decreased by 5%.
No one wishing to speak for or against the public hearing was closed.
RESOLUTION NO. 66 (01) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be closed at 8:04 p.m.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON ABSENT,
MAUL AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
The Assessor does not believe the school or the county will be adjusting their scales. The town is currently granting some kind of discount to 120 seniors on the town portion of their tax bill. On an annual basis there are 300 seniors that are reviewed for star or low-income purposes. The Board decided to wait for another voting member.
Donna Komor informed the Board that they needed an annual reassessment plan to reinspect and reappraise all parcels within a six (6) year time frame as having begun last year. This was last done in 1998. She doing this again in 2002. In order to receive state assistance, the Board needs to pass a resolution by March 1 committing to the 2002 assessment roll town-wide reinspection reappraisal. The Board will review the recommendation and vote on this at the next meeting. In the past this has been done in 1989, 1994, and 1998 and anticipated in 2002.
Ora Rothfuss gave a presentation on Farmland Preservation. The State has some money to finish off 2/3rds of the project from a couple of years ago. There is Federal Money to apply for what was submitted last year. Last year the Town had four (4) farmers interested in applying. We will hear anytime soon. Mr. Rothfuss was asking for a resolution from the Town allowing the County Planning Department to prepare a grant application with Genesee Land Trust to apply for the Federal Program due March 8. This resolution gives him the right to apply on the Town’s behalf for federal money to match the state. There wasn’t enough money to finish Mr. Airy’s project, so they will possibly apply for the remainder of his farm. It was the consensus of the Board to develop the Memorandum of Understanding between Genesee Land Trust and the Town of Macedon prior to passing the resolution. Mr. Rothfuss will provide sample MOU’s.
Councilperson Kenyon entered the meeting at 8:18 p.m.
8:30 PUBLIC HEARING – HIGH ACRES YARD & WASTE COMPOSTING & WOOD
WASTE
RECYCLING – SPECIAL USE PERMIT
Deputy Supervisor Hammond read the legal notice published in the January
22, 2001 issue of the Times. The public hearing was declared open.
NO. 4 PAGE 3
FEBRUARY 8, 2001
Jeff Richardson, Waste Management gave a brief history of the application. The facility will be situated on approximately 12.6 acres within the south central portion of the overall 215-acre property located in the Town of Macedon. The current zoning for the facility is an SRSPC Overlay District. This yard waste composting and wood recycling operation will be relocated to property located in the Town of Macedon to allow for on-going landfill development within the Town of Perinton. Access to the facility will be from the west through the existing entrance off Perinton Parkway. They will accept yard waste (leaves and grass) and wood waste from sources in Monroe and Wayne counties and surrounding areas. The completed compost and chipped wood will be used on-site as well as commercially sold off-site. The yard waste will be composted in an approximate 7.2 acre area on the West Side of the facility and wood wastes will be chipped and temporarily stockpiled on an approximate 4.8 acre area on the East Side of the facility. In October of 1997 Waste Management received a SUP from the Town of Macedon for a yard/waste processing facility. At that time they looked into rezoning the property from Mobile Home Development to ORM and AR40. In 1998 they received a permit from DEC to relocate the facility into the Town of Macedon. Rezoning was requested in 1998. Town approval for the rezoning was received in April 1998. The property went from MHD and AR40 to AR40 and ORM. The change from MHD to ORM required them to request the SRSPC Overlay. In January 2000 the Town approved the SRSPC Overlay. Due to the rezoning and SRSPC Overlay they were required to apply for a SUP and site development permit. September 2000 the SUP and site development permit was applied for. November 2000 they attended a Planning Board Meeting, which referred the application to the Town Board. January 2001 the Town Board set the Public Hearing for tonight.
John Herkins, 161 Wilkinson Road – Spoke in favor of the Special Use Permit
Frank Enos - Asked about increased traffic and revenue. He suggested the Town look into regulating exhaust brakes.
Jeff Richardson – There is no revenue for this operation. The
traffic will not increase. Wayneport Road entrance will not be used.
The entrance will remain the same.
Alanna Wadsworth, Alderman Road – Was concerned with trucks and brakes. Currently finds waste in her yard from trucks.
Jeff Richardson – With the wood and yard waste none of that will be transported long distances.
All persons desiring to be hear, having been heard the public hearing was closed.
RESOLUTION NO. 67 (01) PUBLIC HEARING CLOSED
RESOLVED that the Public Hearing be closed at 8:46 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL
AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
Attorney Vallani stated a determination has been made that this is subject to SEQRA. Lead Agency has not been established yet. As soon as lead agency has been established a public hearing will be set for SEQRA.
RESOLUTION NO. 68 (01) PHEONIX ASSOCIATES
RESOLVED the Board authorizes the Supervisor to sign the Phoenix Associates,
Inc. short form agreement dated January 30, 2001 to provide professional
services relating to the zoning text and/or map amendments not to exceed
$15,000 subject to the budget B8021.4.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL
AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
RESOLUTION NO. 69 (01) HIGHWAY VEHICLE – MACK
BE IT RESOLVED that the Town of Macedon purchase a 1987 Mack single
axle Vin #1M2S141L7H2001072 with plow and wing and sander from the Town
of Arcadia not to exceed $30,000 to be expensed from HDA5130.2.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL
AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
RESOLUTION NO. 70 (01) HIGHWAY LOADER
BE IT RESOLVED that the Town of Macedon order a 624H John Deere front
end loader off state contract not to exceed $110,000 to be expensed from
HDA5130.2.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL
AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
It was the consensus of the Board to authorize the Clerk to mail the
Bernard Donegan contract.
NO. 4 PAGE 4
FEBRUARY 8, 2001
Highway Superintendent Roets informed the Board that Children at Play signs are not legal unless certain criteria are met. He is not comfortable putting the signs up. 30-MPH speed zone signs have been posted on Evergreen Hills. The Children at Play signs do not effectively protect the children. The Highway Superintendent will contact the resident.
The Attorney did not receive all the paperwork necessary for dedications pertaining to Parkwood.
The traffic light posts for Canandaigua/Victor Road have been ordered and looks like it is on schedule.
RESOLUTION NO. 71 (01) REAL PROPERTY TAX EXEMPTION FOR PERSONS
OVER THE AGE
OF SIXTY-FIVE AMENDMENT
WHEREAS it is for the benefit and welfare of the Senior Citizens of
the town to amend the existing resolution concerning real property tax
exemption for property owned by persons over the age of sixty-five years
and,
WHEREAS a legal notice scheduling a public hearing on the proposed amendment was published in the Times on January 22, 2001 and
WHEREAS such public hearing was held on February 8, 2001 and all persons wishing to speak for or against such amendment were provided the opportunity to be heard, therefore be it
RESOLVED that the Macedon Town Board, pursuant to Section 467 and 467-d
of the Real Property Tax Law, adopt a sliding scale permitting exemptions
of from 50% to 5% of assessed valuation from taxation for properties owned
by persons over sixty-five years of age as published in the legal notice
as follows:
AGED EXEMPTIONS
PERCENTAGE
ANNUAL INCOME
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
$28,000 to less than $28,900
5 per centum
MOTION BY KENYON, SECONDED BY MORRISON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL
AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
Discussion followed on outstanding Building and Zoning bills. The Board requested letters be sent to the individuals. If letters were previously sent, then the Attorney should be contacted to send letters.
Rebecca Wise previously requested guard rails on the corner of Canandaigua and Victor Road. This is a county road and the Supervisor was to reply to Ms. Wise.
Councilperson Morrison stated the Recreation Committee would like the Bullis Park gates open year round or the front parking plowed out on Friday for weekend use. The Highway Superintendent will be requested to plow out lower parking and post signage open on weekends. Cleaning supplies at Bullis will be stored in another area of the building. Fencing or a gate was suggested between the Marina and Bullis to discourage snowmobiles and children from straying. The sewer line has caused some water pockets, which will be addressed this spring. The water fountains need some reflectors or boxing. Donna Baran can make a recommendation to the Board.
RESOLUTION NO. 72 (01) CANAL ACCESS CENTER BILLS
RESOLVED to pay bills upon receipt of funds from HUD associated with
the Canal Access Center.
MOTION BY MAUL, SECONDED BY MORRISON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL
AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
Councilperson Kenyon asked the Attorney if the Town Board should authorize paying bills to individuals that owe the Town money? The Attorney asked Councilperson Morrison how he wanted to handle it. Councilperson Morrison suggested he sign the payments over to the Town to be applied to the amount he owes.
The Board authorizes the Clerk to advertise and interview for a full-time clerk/typist according to Wayne County Civil Service to be a floater within the Town Offices at a salary of at $7.50 to $8.50/hour or $15,000 - $16,000/year depending on experience. The individual will be located in the Supervisor’s Office when the individual is not filling in for an absence or training.
NO. 4 PAGE 5
FEBRUARY 8, 2001
RESOLUTION NO. 73 (01) HIGHWAY/COMPLEX CONSTRUCTION WORKSHOP SCHEDULED
RESOLVED the Town Board schedules a workshop to discuss construction
project for the Town Highway and Complex on March 1 at 7:30 p.m.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL
AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
RESOLUTION NO. 74 (01) VANDERHORST/MRB BILLS – HIGHWAY
RESOLVED the Town Board authorizes the Supervisor to sign the Vanderhorst/MRB
agreements regarding the subsurface exploration and geotechnical engineering
services proposed for the Macedon Maintenance Building not to exceed $1,650.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL
AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
RESOLUTION NO. 75 (01) PAYMENT OF CLAIMS
RESOLVED that the bills be paid as audited.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL
AYE,
MORRISON AYE, EDDY ABSENT MOTION CARRIED
MOTION BY HAMMOND, SECONDED BY KENYON THAT THE MEETING BE ADJOURNED.
THE MEETING ADJOURNED AT 10:30 PM.
________________________________
Judy W. Gravino, Town Clerk