The Regular Meeting of the Town Board of the Town of Macedon held February 22, 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 Attorney……………..Anthony Villani
                                               Town Clerk…………………Judy Gravino
 
RESOLUTION NO. 76 (01)  APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of January 25, 2001 as presented.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 77 (01)  APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of February 8, 2001 as presented.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY ABSTAIN  MOTION CARRIED

REPORTS – The Supervisor presented the following:
 Macedon Police January Monthly Report
RESOLUTION NO. 78 (01)  APPROVAL OF REPORTS
RESOLVED that 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

CORRESPONDENCE – The Supervisor presented the following:
A letter from Gananda Central School District dated February 12, 2001 regarding the Richard Mann Elementary School construction site.  Newly constructed walls for the pool and gymnasium were destroyed due to high winds.

New York State Thruway Authority has conducted an evaluation of subdivision tracts on State Canal Lands in accord with recreation way plans and in connection with long term policies.  Consideration for more significant lot improvements and amenities may be made to various locations at the East and West Wayneport locations.  They are contemplating the discontinuance of some permits.

The Macedon Senior Citizens requested consideration for a larger meeting place.

The Macedon Public Library thanked the Macedon Town Board for their continued support.

Donna Baran, Recreation Director, notified the Board of issues to be addressed at Bullis Park.

RESOLUTION NO. 79 (01)  ZONING BOARD OF APPEALS APPOINTMENT
WHEREAS the Zoning Board of Appeals of the Town of Macedon did at its 2/13/01 meeting, interview four (4) candidates for its vacant seat, and

WHEREAS their recommendation was to appoint John Gravino of Westview Circle to fill this vacancy,
And to appoint Joseph Ostrowsky of Valley Drive to a position of Alternate to be present during periodic absences of regular board members,

BE IT RESOLVED that the Town Board appoints John Gravino to the Town Zoning Board of Appeals, effective 3/13/01, with a term to expire 12/31/2005, at an annual salary as set forth in the Organizational Minutes,
 
 
 

NO. 4      PAGE 2
 FEBRUARY 22, 2001

AND BE IT FURTHER RESOLVED that the Town Board appoints Joseph Ostrowsky as Alternate to the Town Zoning Board of Appeals, an unpaid position, effective 3/13/01, with a term to expire 12/31/2001, subject to Mr. Ostrowsky’s acceptance of the appointment.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 80 (01)  FORSHAY – COURT SCHOOLING
RESOLVED the Board authorizes Barbara Forshay, Court Clerk to attend the OSC Teleconference to be held March 29, 2001 at a cost of $10 plus mileage to be expensed from A1110.4.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Ora Rothfuss, Ag Development Specialist and Councilperson Maul presented a draft Memorandum of Understanding regarding the purchase of agricultural conservation easements program.  This draft outlined the responsibilities and relationship between the Town of Macedon and Genesee Land Trust.  The Board will review.  Federal money has been found to complete the purchase of the easements on the Poski and Hammond farms.  The Airy Farm it will be included as part of the new proposal.  The Federal money was applied to the easements that did not exceed the available amount.

RESOLUTION NO. 81 (01)  FARMLAND PROTECTION PROGRAM – HILTON, ROGERS,
                                               STANTON & ROTHFUSS
WHEREAS, Harlan Hilton Jr. and III, James Rogers, Robert Stanton and Ora Rothfuss Jr. are active farmers in Macedon, who collectively own approximately 1250 acres; and are willing to sell a conservation easement in order to protect and preserve their farmland; and;

WHEREAS, the Town of Macedon has applied for funding to purchase said conservation easements from the New York State Department of Agriculture and Markets (NYSDAM) Farmland Protection Program, which will supply up to 75% of the value of a funded project; and;

WHEREAS, the United States Department of Agriculture Natural Resources Conservation Service (USDA-NRCS) Farmland Protection Program has funding available that may be used for matching the NYSDAM funds; and;

WHEREAS, the Genesee Land Trust is dedicated to preserving open space areas, including agricultural land, and through a Memorandum of Understanding, is a partner in Macedon’s farmland protection efforts; and;

WHEREAS, purchase of development rights is an identified farmland preservation tool in the Wayne County Agriculture and Farmland Protection Plan, (Section IV, A,1), adopted 6/17/97; and;

WHEREAS, the preservation of agricultural lands and the rural character of Macedon were priorities identified from the resident survey portion of the Comprehensive Plan update;

WHEREAS, the Macedon Comprehensive Plan establishes a goal of 6227 acres of land for agricultural preservation, and identifies the purchase of development rights as a tool to accomplish this goal;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Macedon hereby fully supports the Genesee Land Trust’s effort to file an application for funds from the United States Department of Agriculture Natural Resources Conservation Service, to purchase the development rights from these landowners.

MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Supervisor Eddy will schedule interviews with the engineering firms on the short list.

The Town Board will hold a special workshop meeting on March 1, 2001 to discuss the construction of a new highway building and town hall.

The Police Commission will meet March 5, 2001 to discuss contract negotiations.

RESOLUTION NO. 82 (01)  ENTER EXECUTIVE SESSION
RESOLVED the Board enter Executive Session at 8:17 p.m. to discuss the following litigation;
Elam, Forsay and the following assessment litigation; Ackley, Evergreen Hills, G&L, I. Gordon, and Morgan at 8:17 p.m.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
 

NO. 4      PAGE 3
 FEBRUARY 22, 2001

RESOLUTION NO. 83 (01)  RETURN TO OPEN SESSION
RESOLVED the Board return to Open Session at 9:22 p.m.
MOTION BY EDDY,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Highway Superintendent Roets entered the meeting at 9:26 p.m.

RESOLUTION NO. 84 (01)  REASSESSMENT YEAR 2002
BE IT RESOLVED the Town Board supports the Assessor in the revalue of parcels town-wide for the 2002 assessment roll and requests the assistance of the new York State Office of Real Property Services.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 85 (01)  HARTZ HEARING
WHEREAS, the Town Board has received and considered the inspection and report of the Building Inspector finding property owned by Stephen W. Hartz located at 1729 Macedon Center Road, Macedon, Wayne County, New York is an unsafe premises within the meaning of said Local Law by reason of fire damage which occurred approximately two years ago and is not repaired or removed.  Specifically, the presence of unrepaired fire remains upon these premises was reported by the building inspector; it is

RESOLVED that upon consideration of said report, the Town Board finds that the report warrants a finding that the aforesaid premises owned by Stephen W. Hartz located at 1729 Macedon Center Road, Macedon, Wayne County, New York is an unsafe premises within the meaning of said Local Law by reason of fire damage which occurred approximately two years ago and is not repaired or removed; and it is further

RESOLVED that the Building Inspector issue an Order to the aforesaid Stephen W. Hartz that said building be repaired or demolished, and it is further

RESOLVED that a notice be served upon the aforesaid Stephen W. Hartz in accordance with section 96-8 of this Chapter, directing said Stephen W. Hartz that the aforesaid fire damage shall be cured and the premises repaired or demolished, such work to effect such repair or demolition to commence no later than thirty (30) days from the service of this Notice, and shall be completed within sixty (60) days thereafter, and that a hearing before the Town Board regarding the aforesaid premises shall be held on March 8, 2001, at 8:30 p.m. at the Macedon Town Complex at 30 Main Street, Macedon, New York, and that in the event of neglect or refusal to comply with this Order to repair or demolish said premises within the time limits set forth above, the Town Board is authorized to effect such removal, and to assess all expenses thereof against the land on which such unsafe condition exists or is located and/or to institute legal proceedings to collect such expenses, including legal and engineering expenses.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

The Attorney will file with the County Clerk.  The Town Clerk will request the Macedon Police to serve Mr. Hartz on Friday.

Discussion followed on the permitting process of Alpco.  The Town Board requests that the Building Inspector research the following:
1. Was Alpco legally operating a junkyard at the time the ordinance went into effect?
2. Has Alpco illegally expanded?
3. Was a variance needed for permits issued on the property?

The Board requested Kim Leonard send a letter to Brian Gagne regarding past over due fees.

Councilperson Hammond suggested the Engineers bill the Town for services rendered prior to final site plan approvals.  This will allow the Town to bill applicants prior to permitting.

RESOLUTION NO. 86 (01)  PARKWOOD HEIGHTS PHASE II DEDICATIONS
RESOLVED the Board accepts dedication for 60 foot right of way and appurtenant easements from Parkwood Heights, Phase II.
MOTION BY HAMMOND,  SECONDED BY MORRISON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 87 (01)  ZONING BOARD OF APPEALS APPOINTMENT RESCINDED
RESOLVED that the Board rescinds RESOLUTION NO. 87 (01) ZONING BOARD OF APPEALS APPOINTMENT.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
Attorney Villani advised the Board they could not appoint an alternate.
NO. 4      PAGE 4
 FEBRUARY 22, 2001
 
RESOLUTION NO. 88 (01)  ZONING BOARD OF APPEALS APPOINTMENT
 WHEREAS the Zoning Board of Appeals of the Town of Macedon did at its 2/13/01 meeting, interview four (4) candidates for its vacant seat, and

WHEREAS their recommendation was to appoint John Gravino of Westview Circle to fill this vacancy,

BE IT RESOLVED that the Town Board appoints John Gravino to the Town Zoning Board of Appeals, effective 3/13/01, with a term to expire 12/31/2005, at an annual salary as set forth in the Organizational Minutes.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON ABSENT,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

The Town Clerk updated the Board on the Town Clerk’s Office.  Linda Habecker has recently returned from having knee surgery.  Due to the unexpected length of recovery, Marilyn O’Meal and Roberta Hammond consented to help provide uninterrupted service to the residents of Macedon.  It was brought to the attention of the Clerk that spouses of the Town Board members couldn't be considered for a position within Town Government.  The Clerk who takes full responsibility for this error overlooked this rule, a rule enacted in 1982.

The Town of Perinton submitted a copy of the Generic Draft EIS for the proposed 2000 Comprehensive Plan.  A public hearing will be held March 1, 2001 at 7:30 p.m. at the Penfield Town Hall.

MRB has completed the sewer district map.

MOTION BY MAUL,  SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 10:27 PM.
 

        ___________________________________
       Judy W. Gravino, Town Clerk RMC