The Regular Meeting of the Town Board of the Town of Macedon held January 10, 2002 at the Town Complex, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William E. Hammond at 7:30 p.m.
Pledge of Allegiance.
Upon Roll Call, the following members of the Board were present:
Councilperson………………Dean Collins
Councilperson………………David Maul
Councilperson………………Kenneth Nawrocki
Supervisor…………………..William Hammond
Absent: Councilperson………………Paul Kenyon
Also Present:
Attorney…………………….Anthony Villani
Town Clerk…………………Judy Gravino
DECEMBER 20, 2001 MINUTES
Due to the change in board members and the absence of one, the Board
does not have a majority to approve the minutes of December 20, 2001.
RESOLUTION NO. 34 (02) APPROVAL OF MINUTES
RESOLVED the minutes of January 3, 2002 be approved as amended:
RESOLUTION NO. 12 – delete the last - and
be it further
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS ABSTAIN, KENYON ABSENT, MAUL
AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
Highway Superintendent Roets entered the meeting at 7:32 p.m.
REPORTS – The Supervisor presented the following:
Town Clerk’s 2001 Annual Report
Building & Zoning 4th Quarter 2001 Report
Planning Review Committee Schedule
Town Clerk’s December 2001 Monthly Report
Macedon Police December 2001 Year End Report
Assessor Petty Cash Register
RESOLUTION NO. 35 (02) APPROVAL OF REPORTS
RESOLVED the reports submitted be approved.
MOTION BY MAUL, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL
AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
CORRESPONDENCE – The Supervisor presented the following:
A decision letter from the Zoning Board of Appeals of the Town of Perinton
declaring itself as Lead Agency for the application of Waste Management
of NY for SEQR and a Special Use Permit Application. A public Hearing
will be held on January 28, 2002.
Resolution passed by the Village of Macedon awarding the bid for a 2001 brush chipper in the amount of $19,665 to Jennings Tractor contingent upon the Town of Macedon passing a resolution to pay $9,832.50. An intermunicipal agreement will be drawn up.
A letter dated December 19, 2001 from the Macedon Public Library Board of Trustees concerning the safety of the staff and patrons. Several suggestions were made to improve the safety at the entrances.
RESOLUTION NO. 36 (02) ASSESSOR PURCHASES
BE IT RESOLVED that the Town Board approves the Assessor to purchase
the following equipment listed on the Inventory Loss Statement resulting
from the April 30, 2001 fire, cost not to exceed $1,700 to be expensed
from HA1621.4:
Microtek 9600XL scanner, Canon S450 Color
Printer & 2 cartridges, UPS Office 500 power supply
TRAVAN TR5 internal backup system & Media
& cleaning kit
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL
AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
NO. 2
PAGE 2
JANUARY 10, 2002
RESOLUTION NO. 37 (02) LEGAL PAPER - TIMES
RESOLVED the Town Board designates the Times as legal paper for the
year 2002 and be it further
RESOLVED that the Town will make every effort to submit an agenda for
publication to the Times and that the Times will make every effort to publish
the Town agenda provided space allows.
MOTION BY MAUL, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL
AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 38 (02) YOUTH BUREAU APPOINTMENT - LEVY
RESOLVED the Town Board appoints Beth Levy to serve as the representative
on the Wayne County Youth Bureau.
MOTION BY MAUL, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL
AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 39 (02) YOUNG – AEY ENTERPRISES – DAANSEN ROAD
- TABLED
RESOLVED to table the application of Michael Young for a Mining Permit
located on the West Side of Daansen Road.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL
AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
Councilperson Kenyon entered the meeting at 7:45 p.m.
Discussion followed on the name the Niven/Harrison mining permit should be granted in.
RESOLUTION NO. 40 (02) NIVEN/HARRISON MINING - BARNES ROAD
- EXTENDED
RESOLVED the Town Board extends the Niven/Harrison Mining Permit for
the property located on Barnes Road through January 25, 2002.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 41 (02) PULCINI SPECIAL USE PERMIT
RESOLVED that renewal of a Special Use Permit is granted to Walter
Pulcini for screening and hauling on the north side of Quaker Road as described
and depicted on the plans, diagrams and maps heretofore filed with the
Town Code Enforcement Officer and is to expire December 31, 2002 subject
to the following:
1. The project shall be operated in accordance with the provisions
of Section 135-173 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. Only the area described in the application and plans submitted shall
be utilized.
3. No material shall be excavated, removed or processed from any holding
of Walter Pulcini from the site without prior approval from the Town of
Macedon. The purpose of this permit is for the processing of materials
transported to this site.
4. 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 preceding 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.
5. The site will be open for inspection at all times. The Town
Engineer shall inspect the subject premises annually and file a written
report of said inspection with the Town Code Enforcement officer 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 (Currently
covering mining operation)
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. Any and all conditions that may be addressed by the Town Engineers
or Town of Macedon must be complied with or the permit will be revoked
and/or stop work order will be issued and no further processing operations
will be allowed until conditions are acceptable with the Building Office.
MOTION BY MAUL, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
NO. 2
PAGE 3
JANUARY 10, 2002
RESOLUTION NO. 42 (02) SMITH GRAVEL MINE – WALWORTH ROAD – BOND
RELEASE
RESOLVE the Town Board authorizes the accountant to release a bond
in the principal amount of $8,000 plus interest due to date to Lena Smith
for the Lena/Greg Smith Gravel Mining pending the Town Engineer’s review
with DEC.
MOTION BY AUL, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 43 (02) VANHOUTE SPECIAL USE PERMIT
WHEREAS, Gerald VanHoute has made application to the Town of Macedon
for a renewal of a special use permit pursuant to Section 135-63 of Chapter
135 Zoning of the Macedon Town Code to permit the operation of a small
masonry 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, renewed 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.
2. That such a special use permit shall expire December 31, 2002 and
thereafter subject to renewal in accordance with the practice, procedures
and laws of the Town of Macedon
3. Upon receipt of stop work order fine
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 44 (02) RECORDS MANAGEMENT ADVISORY BOARD
RESOLVED that the Town Board appoints the following individuals to
serve on a Records Advisory Board for the calendar year 2002:
Helen Burgio, Barbara Forshay, Judy Gravino, William
Hammond & Colleen Vogan
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 45 (02) BULLIS PARK – HAPPY TRAILS DOG AGILITY
CLUB
RESOLVED the Board approves the use of Bullis Park on June 28 &
29, 2002 by the Happy Tails Dog Agility Club for their overnight Dog Obedience
Match subject to the following:
1. Certificate of insurance in the amount of $1 million per claim and
$2 million aggregate with the Town named as additional insured being filed
with the Town Clerk
2. Recreation Director’s Approval
3. Appropriate concession stand fees paid if applicable
4. All dog waste cleaned up at close of event
5. Campers shall be self-contained
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 46 (02) APPROVAL OF MINUTES
RESOLVED the minutes of December 27, 2001 be approved with the following
correction:
If there was not enough money the town can only
be charged annually .3% of the town’s premium.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: COLLINS ABSTAIN, KENYON AYE, MAUL
AYE,
NAWROCKI ABSTAIN, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 47 (02) EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 8:39 p.m. to discuss
potential litigation.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 48 (02) OPEN SESSION
RESOLVED the Board returns to Open Session at 9:45 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
NO. 2
PAGE 4
JANUARY 10, 2002
RESOLUTION NO. 49 (02) TOWN HALL & LIBRARY SERVICES APPROVED
APPROVE not to exceed $40,000 for architectural and geotechnical
services with ALA Architects for the design of a new town hall and library,
approximately 7,500 square feet each, to be located at 30 Main Street.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
It was the consensus of the Town Board that the past practice of taking a guarantee is inconsistent with the Town Code requiring letters of credit and as advised by the Town Attorney.
ABSTRACT NO. 1 – 02
Claim Nos. 4502-4616
2001 Expenditures in the amount of $ 40,884.37
Credits
579.49
2002 Expenditures in the amount of $422,364.78
Total $462,669.66
RESOLUTION NO. 50 (02) PAYMENT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY MAUL, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON ABSTAIN, MAUL
AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
MOTION BY HAMMOND, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED.
THE MEETING ADJOURNED AT 11:15 PM.
___________________________________________
Judy W. Gravino, Town Clerk