The regular meeting of the Town Board of the Town of Macedon held August 9, 2001 at 1675 N. Wayneport Road, in the Town 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 Attorney…………………Anthony Villani
                                  Deputy Town Clerk……………Linda Habecker

RESOLUTION NO. 254 (01) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of July 26, 2001 with the following amendment:Correspondence to acknowledge Notice of Claim from David Morrison. Also Executive Session-David Morrison was asked to excuse himself only while the Board discussed his Notice of Claim.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE:     HAMMOND AYE, KENYON AYE, MAUL AYE,
                                        MORRISON AYE, EDDY AYE   MOTION CARRIED

REPORTS-Supervisor presented the following:
                                             Parks and Recreation August 2001
                                             Police Monthly Report June & July
                                             Appropriation Ledger

RESOLUTION NO. 225 (01) APPROVAL OF REPORTS
RESOLVED that the Reports submitted here be approved.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE:    HAMMOND AYE, KENYON AYE, MAUL AYE,
                                       MORRISON AYE, EDDY AYE    MOTION CARRIED

RESOLUTION NO. 256 (01) GERALD VANHOUTE SPECIAL USE PERMIT
WHEREAS, Gerald Vanhoute has made application to the Town of Macedon for a special use permit pursuant to section 135-63 of Chapter 1135 Zoning of the Macedon Town Code to permit the operation of a small masonary company at 1508 Alderman Road in the Town of Macedon, subject to the rules and regulations of the Town of Macedon and such conditions as may be imposed by the Town Board

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS,
1. That the application of Gerald Vanhoute for a special use permit described aforesaid be, and the same
Hereby is, approved in accordance with the application submitted, and the recommendations of the Planning Board of the Town of Macedon as follows:

A. The front buffer should be at least 30’ in width from the right of way.
B. The fill that has been brought in to this location should be graded off and seeded and no further fill should be brought in until an engineer review plan has been submitted and a fill permit granted.
 
 

NO. 21                                             AUGUST 9, 2001                                               PAGE 2

  2. That such a special use permit shall expire December 31, 2001 and thereafter subject to renewal in
      Accordance with the practice, procedures, and laws of the Town of Macedon.
MOTION BY HAMMOND, SECONDED BY MAUL

STATEMENT BY DAVID MAUL: One of the statements at last meeting’s public hearing was “being here is probably an exercise in futility” which suggested that the Town Board probably would not really consider the comments anyway when deciding on this special use permit. The person referred to the salvage business on Creek Road as an example of how that had occurred in the past.

In the two weeks since the public hearing, this Board has had an opportunity to deliberate over the comments heard, and to visit the site of the application, and to discuss with the applicant corrective actions he could take to better screen the operation from vehicles passing by, and to improve the general appearance of the site.

Unlike the Creek Road application, no rezoning is required or requested for this one. Per section 135-63 of the Town Code, “small businesses” are acceptable in AR-40 zone upon issuance of a special use permit, and the application meets the definition of “small business” called out in section 135-7. Further, the Town Planning Board has recommended in favor of this application.

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

RESOLUTION NO. 257 (01) ST. PATRICK’S GAMES OF CHANCE LICENSE
RESOLVED that the Board approves the Games of Chance License and Raffle applications for St. Patrick’s  Irish Fair to be held on August 25, 2001.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE:   HAMMOND AYE, KENYON AYE, MAUL AYE,
                                       MORRISON AYE, EDDY AYE   MOTION CARRIED

RESOLUTION NO. 258 (01) EASTERN SAND & GRAVEL/DAANSEN ROAD SPECIAL USE
                                                                             PERMIT
IN THE MATTER of an application of Eastern Sand & Gravel Company for a mining permit to operate a sand and gravel pit mining operation on 18.8 acres of land located on the west side of Daansen Road on the north side of its intersection with Macedon Center Road in the Town of Macedon, Wayne County, New York, it is

RESOLVED that a special use permit be issued to the applicant for a Commercial Mining Operation, said permit to expire on December 31, 2001, subject to the following conditions:

1. Operation be in accordance with the revised plans submitted with the application.

       2.     Applicant comply with all state, federal, and local laws, rules, regulations and ordinances
               Governing the use or operation of such commercial mining operation.
 
       3.      Applicant shall comply with 135-173 of the Macedon Zoning Ordinance except that the hours of
                operation shall be from 7 A.M. to 7 P.M.
 

NO.21                                         AUGUST 9, 2001                                          PAGE 3
 
 
 

4. The operation shall be screened from view by the natural terrain and there shall be no impacts on the
existing watershed.
 
5. Applicant shall contract with an independent testing laboratory to sample and test the water qualitity
of neighboring wells.
 
6. No topsoil is to be removed from the site. Topsoil is to be stockpiled on the eastern edge of the
Mining area, and seeded, to provide additional buffering to adjacent residents. The side slopes of the mine shall not exceed 1:3. Bottom pit elevation shall remain above road grade.
 
7. New York State Department of Environmental Conservation has designated itself as lead agent in the review required by the State Environmental Quality Review Act. No operating permit shall be issued until the lead agent has issued a negative declaration as to the proposed commercial mining operation.

8. Prior to the issuance of the special use permit, Applicant is to comply with the recommendations of
 MRB Group dated May 13, 2001, a copy of which is annexed hereto. Compliance shall be in evidenced by a writing from MRB Group.

9. Traffic shall be regulated to enter and exit the operation by the following route of travel: exit Macedon Center Road and travel west.

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

RESOLUTION NO. 259 (01) MRB GROUP/ADDITIONAL ENGINEERING SERVICES
WHEREAS,additional engineering services are necessary per MRB Group P.C. that do not fall in their original proposal dated January 17, 2001 in the amount of $102,800, be it

RESOLVED that the Macedon Town Board authorize the following proposal submitted by MRB Group P.C. as additional engineering services required for the “Town of Macedon Highway Garage-New Facility, O’Neil Road.”

1. Geotechnical Evaluation                                            $1650.00
(evaluate soils and report)

2. Slab Evaluation                                                            2447.18
(general,geotchnical,structural services)

3. Special Adjustments (1,217.50 + 1,257.70)                 2475.20**
(change in bidding procedure)

**ADD’L CHARGES MAY FOLLOW                       ________

                                                                                        $ 6572.38
 
 
 
 
 
 

NO. 21                                            AUGUST 9, 2001                                         PAGE 4
 

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

RESOLUTION NO. 260 (01) SCHOOL TAX COLLECTORS APPOINTED

RESOLVED that as provided in section 37 of the Town Law of New York State the Town Board of the Town of Macedon does hereby appoint Mabel Brandt as School Tax Collector for the portion of Wayne Central School District within the Town and be it further

RESOLVED that Bev Hickman is appointed School  Tax Collector for the portion of the Palmyra-Macedon Central School District within the Town and be it further

RESOLVED that Justina Bielecki is appointed School Tax Collector for the portion of Victor Central School  District within the Town and be it further

RESOLVED that Melissa Bowman is appointed School Tax Collector for the portion of the Gananda Central School District within the Town and be it further

RESOLVED that Carol Enfonde is appointed School Tax Collector for the portion of the Penfield Central School District within the Town and be it further

RESOLVED that these appointments are for 2001-2002 school year.

MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE:   HAMMOND AYE, KENYON AYE, MAUL AYE,
                                      MORRISON AYE, EDDY AYE   MOTION CARRIED
 
 CORRESPONDENCE
Letter from DOT regarding closing of Canandaigua Road from Route 31 to Quaker Road, August 20-31 to do guard rail repair and railroad crossing repair.

Letter from Recreation Director regarding vandalism at Bullis Park.

 8:00 PM-PUBLIC HEARING-CHARLES KEMP JR-SPECIAL USE PERMIT

RESOLUTION NO. 261 (01) WAIVE READING OF LEGAL NOTICE
RESOLVED the Board waive the legal notice published in the July 23, 2001 issue of the Times.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE:    HAMMOND AYE, KENYON AYE, MAUL AYE,
                                       MORRISON AYE, EDDY AYE   MOTION CARRIED

 Charles Kemp Jr. has submitted a request for a Special Use Permit to operate a small  Snapper Dealership and repair at 2179 Canandaigua Road.
Mr. Kemp spoke on behalf of himself and thanked the Board for their consideration.

RESOLUTION NO. 262 (01) PUBLIC HEARING CLOSED
RESOLVED that the Public Hearing be closed at 8:04 PM
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE:   HAMMOND AYE, KENYON AYE, MAUL AYE,
                                      MORRISON AYE, EDDY AYE  MOTION CARRIED

NO. 21                                        AUGUST 9, 2001                                                 PAGE 5
 

RESOLUTION NO. 263  (01)   CHARLES KEMP JR.- SPECIAL USE PERMIT
RESOLVED that the Special Use Permit for Charles Kemp Jr. be granted for purpose to operate small business, True North Tractor at 2179 Canandaigua Road, permit to expire December 31, 2001.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE:    HAMMOND AYE, KENYON AYE, MAUL AYE,
                                        MORRISON AYE, EDDY AYE   MOTION CARRIED

RESOLUTION NO. 264 (01)  BILLBOARDS
WHEREAS, CERTAIN SIGNS IN THE Town of Macedon have been in non-conformance of Town Code section 135-195(B) since the sunset date in 2000, and

WHEREAS, the owners of said signs have been notified of their non-conformance, and have taken no steps to remove or correct these signs, and

WHEREAS, the Town Board is obligated either to enforce the code of the Town of Macedon, or to exercise its right to repeal or modify that code such that an enforcement action is no longer necessary, now therefore

BE IT RESOLVED that the Town Board direct Anthony Villani to draft a local law modifying sections 135-195(B), 135-196(B) and other subsections as deemed necessary to allow the existence of these signs to be subject to a special permit issued by the Town Board, and further

BE IT RESOLVED that this local law be presented for the Town Board’s review, and for review by the citizens of Macedon.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE:    HAMMOND NAY, KENYON NAY, MAUL AYE,
                                        MORRISON NAY, EDDY NAY   MOTION DENIED

 
RESOLUTION NO. 265 (01)  DOG CONTROL AGREEMENT
RESOLVED the Board authorizes the Supervisor to sign the Dog Control Agreement with Williamson, Marion, and Ontario.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:   HAMMOND NAY, KENYON AYE, MAUL NAY,
                                      MORISON NAY, EDDY AYE   MOTION DENIED
 
ROUNDTABLE

Recreation Director has withdrawn request for computer repair reimbursement and a Recreation Grant.

David Morrison has requested copies of Zoning tickets and files-Building and Zoning Dept. unable to find records he wants. Attorney Villani will ask John Nesbitt if he has copies of these cases.
David also stated that the Bullis Festival was not a success. However, William Hammond stated that the Fireworks put on by Yukon Marketing were wonderful.

Midlakes  Marina had Deltex put in a pole and they put it through a force main, cost to repair is $7,000 Deltex says they followed MRB’s blue print and it is not their fault. The Town Attorney said not to get involved  to let Deltex, MRB and Macedon Excavating straighten this out between them. We should withhold the $7,000 from each of them until the problem is solved by one of them. Murphy should not be paid by the Town to fix the problem-not our problem.
 
NO. 21                                               AUGUST 9, 2001                                         PAGE 6
 
 
 
 
 

ZBA to reschedule their meetings to 2nd Wednesday of the month due to conflict of meeting room with the court. Legal notice to be published on this for all upcoming meetings.

Ora Rothfuss was present to discuss the Farmland Preservation-paper work needs to be complete by September 1st on Poski and Hammond.
 

RESOLUTION NO.266(01) SUPERVISOR /AGRICULTURAL EASEMENTS
RESOLVED  the Supervisor is authorized to sign papers necessary for Agricultural Easements for Poski and Hammond.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:    HAMMOND OBSTAIN, KENYON AYE, MAUL AYE,
                                        MORRISON AYE, EDDY AYE     MOTION CARRIED
 

RESOLUTION NO. 267 (01) CONSERVATION EASEMENT VALUATION SEMINAR
RESOLVE that the Town Board approve the assessor’s attendance to a seminar in Syracuse on September 14, 2001 for Conservation Easement Valuation. Also to authorize the temporary expenditure from A1355.400 until state reimbursement arrives. Cost not to exceed $80.00 plus mileage.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE:   HAMMOND AYE, KENYON AYE, MAUL AYE,
                                      MORRISON AYE, EDDY AYE   MOTION CARRIED

RESOLUTION NO. 268 (01)  NOTICE TO PROCEED
RESOLVE  Board authorizes the Supervisor to sign Notice to Proceed  on Highway Barn, so long as it does not violate Bonding Resolution previously adopted.
MOTION BY HAMMOND,   SECONDED BY KENYON
ROLL CALL VOTE:   HAMMOND AYE, KENYON AYE, MAUL AYE,
                                      MORRISON AYE, EDDY AYE     MOTION CARRIED

ABSTRACT NO. 8-01
                 EXPENDITURES IN THE AMOUNT OF  $164,509.00
                           Voucher # 3628 – 3819

RESOLUTION NO. 269 (01)  AUDIT OF CLAIMS
RESOLVED THE Board authorize payment of claims as presented.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE, KENYON AYE, MAUL AYE,
                                      MORRISON AYE, EDDY AYE     MOTION CARRIED
It was requested by the Board that reports on expenses and income should be attached to concession stand expense vouchers.

MOTION BY KENYON, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 9:32 PM
 

                                                                               _________________________________________
                                                                               LINDA HABECKER, DEPUTY TOWN CLERK