The Regular Meeting of the Town Board of the Town of Macedon held October 25, 2001 at 1675 North 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 were:
Town Attorney…………….Anthony Villani
Town Clerk………………...Judy Gravino
The Board discussed the status of their recent purchase offer on the medical/professional building owned by Dr. Kachoria on Route 31. The property was listed as 4.93 acres for a price of $625,000. Dr. Kachoria countered with an offer of $625,000 for 3.39 acres. The Town Board has submitted another counter with a deadline of Friday. Dr. Kachoria’s representative is out of town until Monday. The Board agreed to extend the deadline until Monday at which time the Board will review. Planning Board Chairman, Scott Allen stated that the Town would be forced to share a drive if Dr. Kachoria retains a portion of the property and builds on it. The current lease with Dr. Kachoria's tenant expires November 2001. Dr. Kachoria estimated it would be May or June before he could have a building in place. He would like to retain one acre and share a driveway.
Mike Simon from MRB presented a rate schedule for the year 2002 relating to subdivisions and site plans in a letter dated October 10, 2001. The Town Board has proposed a new position in the 2002 budget to handle building, zoning, and engineering. Mr. Simon suggested the Town consider MRB for their needs outside the scope of what one man can do. He would be willing to formulate a new rate schedule with the Town.
REPORTS – The Supervisor presented the following:
Recreation Director Report
RESOLUTION NO. 317 (01) REPORTS
RESOLVED the reports submitted 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. 318 (01) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of October 11, 2001 with the
following addition:
ABSTRACT NO. 10-01
CLAIM NOS. 3995-4124
EXPENDITURES IN THE AMOUNT OF
$737,706.01
32,375.00 CREDIT
$705,331.01
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 319 (01) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of October 20, 2001 as presented.
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSTAIN,
MORRISON AYE, EDDY AYE MOTION CARRIED
CORRESPONDENCE – The Supervisor presented the following:
Norbert Miller recommended individuals to serve on the Recreation Committee
for the year 2002. The Board will address this at their organizational
meeting in January.
In a letter dated October 18, 2001 MRB listed the recommended modifications to meet applicable codes or accommodate the Town Hall at Dr. Kachoria’s Medical/Professional Building.
MRB submitted a memorandum dated October 9, 2001 with respect to the
Macedon Canal Access Center electrical punchlist.
MRB presented a proposed rate schedule for the 2002 Planning Board
reviews in a letter dated October 10, 2001.
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2
OCTOBER 25, 2001
Discussion followed on the McPherson offer of dedicated property to the Town. The Town Clerk will research the original offer.
RESOLUTION NO. 320 (01) SNOW & ICE AGREEMENT WITH NYS
RESOLVED the Town Board approve of and authorize the Supervisor to
sign said contract for snow and ice control services with NYS for state
highways within the Town of Macedon to expire June 30, 2004 and be it further
RESOLVED that said contract is subject to the Highway Superintendent
and Town Attorney’s approval.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
Aaron Cook, Locktenders Association requested MRB evaluate the extension
wall of Lock 60 for repairs. MRB will perform the following:
· Site inspection to evaluate condition
· Discuss work with Canal Historic Society to obtain any
as-built/design documents to
determine what materials
were used
· Review documents that are provided by Historical Society and
determine repair method
· Preparation of construction estimate
RESOLUTION NO. 321 (01) ERIE CANAL LOC 60 EXTENSION WALL EVALUATION
BE IT RESOLVED MRB be authorized to proceed with engineering cost to
evaluate repairs necessary for Lock 60 not to exceed $1,200.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
Discussion followed on the Agreement for Combined Animal Control Services with the Towns of Macedon, Marion, Ontario and Williamson. Councilperson Maul felt the agreement was the same as the last one the Board reviewed. He submitted the issues he would like addressed to the Supervisor. Supervisor Eddy will contact the other towns.
Discussion on the petition received from Gary Quinter followed. Additional lighting would require a change in the lighting district and those individuals in the district would be charged through their taxes. The Board is not in favor of speed bumps, a curfew can not be enforced and a copy of the concerns has been sent to the Village Police Department. Supervisor Eddy will contact Mr. Quinter.
RESOLUTION NO. 322 (01) SPENDING FREEZE RESCINDED
RESOLVED the Board rescinds RESOLUTION NO. 315 (01) SPENDING FREEZE.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 323 (01) SPENDING PROCEDURE FROM .4 ACCOUNTS
BE IT RESOLVED that all .4 accounts that are currently over spent on
the current budget be frozen and be it further
RESOLVED that all discretionary spending from .4 accounts be subject
to preapproval by the department liaison and the Supervisor.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
Councilperson David Maul will request a list of items salvaged from the Alle House for the Board to review.
Highway Superintendent Richard Roets will work with the Town Historian, Helen Burgio in regards to building a vault for the Walworth Road Cemetery.
Highway Superintendent Roets received a certified letter from DEC regarding the reclamation plan for the Town of Macedon Gravel Pit. Mr. Roets will contact DEC.
Discussion followed on the 2002 budget. Councilperson Kenyon stated
that due to prior administration errors made in the water districts the
fund balances were damaged. Since this time the debt on district
2 has been retired and districts 3, 4 and 5 will be retired in 2004.
He has obtained an estimate for a proper vault for the Town records.
The Supervisor will notify all employees in writing whose positions will
be affected by the new budget. The new budget provides the opportunity
to establish certain positions full time. The following positions
will be notified – Seasonal mowing, cleaner, Bullis Park custodian, Bullis
Park Open/Close, Code Enforcement Officer, Code Enforcement Officer Clerk
and Assessor Clerk.
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3
OCTOBER 25, 2001
Discussion followed on vehicles stored at Cedar Creek. A letter has been sent that the trucks are in violation. The owner is looking for another location. Vehicles stored off premises are not permitted.
RESOLUTION NO. 324 (01) WATERFORD HOMES 90 DAY EXTENSION
RESOLVED that the Planning Board receive a 90 day extension for a total
of 150 day referral period on Waterford Custom Homes from the initial Planning
Board Public Hearing.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
Discussion followed on co-locators on cell towers requiring permits. The Clerk was asked to research the original permits.
Supervisor Eddy will check with the accountant on the number of years the Town will be paying back the bond for the new Highway Barn. The School is locked into a 10-year payback; however, the Town can pay back within a term of probable usefulness being 30 years per the Attorney.
The Attorney will provide the necessary paperwork to proceed with the permissive referendum to allow the Town to deed an 80-foot by 280-foot strip of land on the East Side of 30 Main Street at the next meeting. This area will allow the Macedon Elementary School access to Route 31 from the school to alleviate traffic problems. The Town will retain the right to use this road.
Attorney Villani informed the Board that Joe Spiezo has offered to pay the minimum mining charge during the years of operation. The Board requested the Attorney supply them with a review of the court proceedings.
The Attorney reported a favorable decision in the Town’s favor regarding billboards. These billboards are not protected under free speech.
The International Brotherhood Electrical Workers Local Union No. 86 requested copies of the certified payrolls for Nicoletta Building Contractors and all of their sub-contractors for the Macedon Town Highway Garage through Freedom of Information. MRB has been requested to submit all payrolls to the Records Access Officer.
Attorney Villani recommended the Town proceed with payments according to the authorization of the Town Engineer regarding Deltex.
MRB has requested compensation for the additional time required on the Highway Garage. Due to the additional time spend with the contractor in the submittal process prior to the award and the project not being complete until the middle of December, MRB is requesting an additional estimated cost of $5,700.
Macedon Land Development has amended their complaint to include Waste Management.
RESOLUTION NO. 325 (01) BRYCHE DRAINAGE EASEMENT
RESOLVED the Board accepts the Bryche drainage easement and authorizes
the Supervisor to sign said agreement.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 326 (01) EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 10:10 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 327 (01) OPEN SESSION
RESOLVED the Board returns to Open Session at 10:35 p.m.
MOTION BY EDDY, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO. 328 (01) PURCHASE OFFER AGREEMENT – TOWN HALL
BE IT RESOLVED the Supervisor is authorized to enter into a purchase
agreement for Cedar Creek at a price not to exceed $650,000 to include
the building and second parcel subject to Town Attorney approval, Engineer’s
approval, Town Board approval and the expiration of the offer submitted
to Dr. Kachoria.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,
MORRISON AYE, EDDY AYE MOTION CARRIED
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OCTOBER 25, 2001
MOTION BY KENYON, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED.
THE MEETING ADJOURNED AT 10:38 PM.
_______________________________________
Judy W. Gravino, Town Clerk