The Special Meeting of the Town Board of the Town of Macedon held December 27, 2001 at the Macedon Town Hall, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William E. Eddy at 7:30 p.m.

Upon Roll Call, the following members of the Board were present:

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

Absent:                     Councilperson…….……….David Morrison
                                 Councilperson…..………….Paul Kenyon

Also present were:
                                 Town Clerk………………...Judy Gravino
                                 Building/Zoning Officer…...Mario Fioravanti
                                 Town Attorney……………..Anthony Villani

REPORTS – No reports submitted

CORRESPONDENCE – The Supervisor presented the following:
A letter dated December 27, 2001 from Stacey Perez regarding the significant impact of the 10% Library budget cut.  Reduced spending will be in the areas of contractual category in the amount of $11,366 and clerical wages in the amount of $8,342.  The library will announce the reduction of operating hours during the last week in December.

Councilperson Kenyon entered the meeting at 7:32 p.m.

Supervisor Eddy presented Mario Fioravanti, Building/Zoning Officer with a plaque in honor of his years of dedication to the Town of Macedon.

Councilperson Morrison entered the meeting at 7:35 p.m.

Mr. Fioravanti was excused.

Rich Struzzi representing Gananda Partnership requested the Board accept a company guarantee instead of a letter of credit.  The Planning Board feels that the Town should be consistent and require the same standards from all.  Supervisor Eddy deferred the decision until the new board meets on January 10, 2002.

The Board discussed the municipal insurance proposals received from Chapman Insurance Agency and the Cleary Agency.  NYMIR provides a cost saving of $6,000 to $7,000 with lower deductibles.  Trident is NYS guaranteed.

RESOLUTION NO. 379 (01)  2002 MUNICIPAL INSURANCE – CLEARY AGENCY – NYMIR
RESOLVED the Town of Macedon enters into a contract for municipal insurance through Cleary Agency representing NYMIR at a cost not to exceed $46,714.28 proposal dated 12/19/01 effective 01/01/02 at 12:01 a.m.
MOTION BY HAMMOND,  SECONDED BY KENYON

Discussion followed on the assessment charge.  If there was not enough money the town can only be charged annually .03% of the town’s premium.  NYMIR has been in business eight (8) years.  Trident has recently been approved in NYS.  After three (3) years the rate with NYMIR will go down.

RESOLUTION NO. 380 (01)  TABLE RESOLUTION NO. 379 (01) 2002 MUNICIPAL
                                                   INSURANCE – CLEARY AGENCY – NYMIR
RESOLVED the Town Board table RESOLUTION NO. 379 (01) 2002 Municipal Insurance – Cleary Agency – NYMIR.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE   MOTION CARRIED

RESOLUTION NO. 381 (01) )  YOUNG – AEY ENTERPRISES – DAANSEN ROAD MINING
                                                     TABLED
RESOLVED the Board table the Young – AEY Enterprises – Daansen Road Mining Application.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE   MOTION CARRIED
 
 
 

NO. 33            PAGE 2
DECEMBER 27, 2001

RESOLUTION NO. 382 (01) PULCINI – QUAKER ROAD
RESOLVED that renewal is granted to Walter Pulcini for a Mining Permit located on the West Side of Daansen Road to expire December 31, 2002 subject to:

(1) The project shall be operated in accordance with the provisions of Section 135-173 of the Zoning
(2) Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.

(3) Permit renewal will be considered in December of 2002.  An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year proceeding expiration of annual permit and applications be submitted in November prior to their December renewal date.  At the time of annual inspection and permit renewal any noise or similar complaints will be considered.

(4) Only that area described in the application and plans submitted shall be utilized.

(5) No topsoil shall be removed from the site.

(6)  The site will be open for inspection at all times.  The Town Engineer and Code Enforcement Officer shall inspect the subject premises annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.

(7) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two- (2) million-dollar aggregate.

(8) All utilities shall be underground.

(9) The permit shall be nontransferable.

(10) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.

(11) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to renewal for the year 2004.  Updates will be required thereafter as deemed necessary by the Town Engineer or Code Enforcement Officer.

Special Conditions:

(1) Any and all conditions as addressed in the letter from the Town Engineers dated November 7, 2001must be complied with.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE   MOTION CARRIED

RESOLUTION NO. 383 (01) PRESTIGE LANDSCAPING – MACEDON CENTER ROAD
RESOLVED the Town Board authorize the renewal of the Prestige Landscaping Mining permit to allow removal of material in an amount not to exceed 1,000 tons or 666 yards from a parcel located at 2529 Macedon Center Road currently owned by Rochester Aero Modeling to expire December 31, 2002 subject to:

(1) The project shall be operated in accordance with the provisions of Section 135-73 of the Zoning Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.

(2) Permit renewal will be considered in December of 2001.  An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year proceeding expiration of annual permit and applications be submitted in November prior to their December renewal date.  At the time of annual inspection and permit renewal any noise or similar complaints will be considered.

(3) Only that area described in the application and plans submitted shall be utilized.

(4) No topsoil shall be removed from the site.
NO. 33            PAGE 3
DECEMBER 27, 2001

(5) The site will be open for inspection at all times.  The Town Engineer and Code Enforcement Officer
        shall inspect the subject premises annually and a written report of said inspection with the Town Clerk
        attesting to compliance and any and all other restrictions as may be imposed by the Town Board from
        time to time.

(6) The applicant shall provide a letter of credit in the amount of $2,000 per acre in a form to be approved by the Town Attorney.

(7) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two- (2) million-dollar aggregate.

(8) All utilities shall be underground.

(9) The permit shall be nontransferable.

(10) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.

(11) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to renewal for the year 2004.  Updates will be required thereafter as deemed necessary by the Town Engineer or Code Enforcement Officer.

Special Conditions:

(1) Any and all conditions as addressed in the letter from the Town Engineers dated November 7, 2001
       must be complied with
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE   MOTION CARRIED

RESOLUTION NO. 384 (01) NICHOLS GAS & OIL – RT 31F – SUP
RESOLVED that Town Board authorizes the renewal of a Special Use Permit issued to Wayne Nichols to operate an Auto Repair Shop pursuant to Section 135-172 of Chapter 135 (Zoning) of the Macedon Town Code located at 992 Route 31F, subject to the rules and regulations of the Town of Macedon and such conditions as may be imposed by the Town Board, subject to:
(1) Operated in accordance with the plans and application submitted and the recommendations of the Planning Board.
(2) Conditioned upon verification of a spill containment plan in conformance with DEC regulations
(3) Hours of operation to be no more than Monday through Friday 7 a.m. to 8 p.m. and Saturday 7 a.m. to 2 p.m. and no Sunday hours.
And be it further RESOLVED that said permit shall expire December 31, 2002.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE   MOTION CARRIED

Councilperson Maul distributed a draft agreement for animal control service.  It was the consensus of the Board to submit the draft to the Towns of Marion, Ontario and Williamson.

RESOLUTION NO. 385 (01)  EXECUTIVE SESSION
RESOLVED the Board enters into Executive Session at 8:30 p.m. to interview.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE   MOTION CARRIED

RESOLUTION NO. 386 (01)  OPEN SESSION
RESOLVED the Board returns to Open Session at 8:51 p.m.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE   MOTION CARRIED

The Board declared the discussion open on insurance.
 
 
 
 
 
 
 

NO. 33            PAGE 4
DECEMBER 27, 2001

RESOLUTION NO. 387 (01)  AMEND RESOLUTION NO. 379 (01)  2002 MUNICIPAL
                                                   INSURANCE – CLEARY AGENCY – NYMIR
RESOLVED the Board amend the resolution as follows:
RESOLVED the Town of Macedon enter into a contract for municipal insurance through Cleary Agency representing NYMIR at a cost not to exceed $46,714.28 proposal dated 12/19/01 effective 01/01/02 at 12:01 a.m. and be it further

RESOLVED the Board approves the subscriber agreement payable over 5 years at a cost of $2,679 for five (5) years for a total of $13,395.
MOTION BY MAUL,  SECONDED BY HAMMOND
Councilperson Kenyon recommended continuing with Chapman Agency one more year to allow more time to research NYMIR more thoroughly.
ROLL CALL VOTE:  HAMMOND AYE,  KENYON NAY,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED.

RESOLUTION NO. 388 (01) 2002 MUNICIPAL INSURANCE – CLEARY AGENCY – NYMIR
RESOLVED the Town of Macedon enter into a contract for municipal insurance through Cleary Agency representing NYMIR at a cost not to exceed $46,714.28 proposal dated 12/19/01 effective 01/01/02 at 12:01 a.m. and be it further

RESOLVED the Board approves the subscriber agreement payable over 5 years at a cost of $2,679 for five (5) years for a total of $13,395.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON NAY,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 389 (01)  SUPERVISOR’S COMPUTER DECLARED SURPLUS
RESOLVED to declare the Supervisor’s computer surplus and authorize the sale to William Eddy at a cost established by Yukon Marketing Group.
MOTION BY KENYON,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY ABSTAIN  MOTION CARRIED

RESOLUTION NO. 390 (01)  WOOD CHIPPER PURCHASE AUTHORIZED WITH VILLAGE
RESOLVED the Town Board authorizes the Accountant to encumber $9,750 and authorizes the Supervisor to enter into an intermunicipal agreement with the Village of Macedon to purchase a new 2002 wood chipper not to exceed $9,750 and a written agreement will be arranged between the Town Highway Superintendent and Village of Macedon as to the responsibility and use of chipper.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
 

RESOLUTION NO. 391 (01)  MORRISON EXCAVATING STOCKPILE & SCREENING ON
                                                   MACEDON GRAVEL PIT
BE IT RESOLVED the Town enter into an agreement with Morrison Excavating to stockpile and screen top soil at the Macedon Gravel Pit on Quaker Road and that the waste product will stay on site and excess soil used to reclaim Town of Macedon Mine Operation and Mr. Morrison name the Town as additional insured and that per the Town Attorney’s advice no tipping fees should be charged.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

A letter dated December 22, 2001 from James Airy was read, copy of which is attached regarding the permit issued for a pond near his property on Route 31F.  It was suggested the Board review the Town of Macedon Code pertaining to ponds.  The pond should be reviewed and determined how much water would be required before it would affect Mr. Airy’s downstream property.

RESOLUTION NO. 392 (01)  NIVEN/MORRISON MINING EXTENDED
RESOLVED the Town Board extends the Niven/Harrison Mining Permit for the property located on Barnes Road through January 11, 2002.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Councilperson Maul accepted the offer from Mayor Hoteling to serve on the committee to study the dissolution of the Village.

MOTION BY HAMMOND, SECONDED BY KENYON THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 10:00 PM.
 

NO. 33            PAGE 5
DECEMBER 27, 2001

Councilperson Morrison brought it to the Board’s attention that the appointment for the Town Engineer/CEO/Building Inspector was not made.

MOTION BY HAMMOND,  SECONDED BY KENYON TO RECONVENE THE MEETING.

RESOLUTION NO. 393 (01)  TOWN ENGINEER/CEO/BUILDING INSPECTOR – ALLEN
BE IT RESOLVED the Town of Macedon appoints Scott Allen as the full-time Town Engineer/Code Enforcement Officer/Building Inspector as a provisional appointment pending approval by Wayne County Civil Service effective January 1, 2002 at a salary of $50,000.
MOTION BY HAMMOND,  SECONDED BY KENYON
Councilperson Kenyon stated that three (3) out of the four (4) applicants were professional engineers. Of the three (3) licensed engineers, Scott Allen was the only engineer with significant municipal experience and knowledge of code enforcement.  In addition, Mr. Allen is the only applicant that lives in Wayne County as well as a Macedon resident.  In light of his qualifications, Mr. Allen is the best candidate of the applicants and is recommended.
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

MOTION BY KENYON,  SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 10:30 P.M.
 
 
 

      ___________________________________________
       Judy W. Gravino, Town Clerk, RMC