The regular meeting of the Town Board of the Town of Macedon held April 25, 2002 at the Town Highway Barn at 630 O’Neill Road, in the Town of Macedon, was called to order by Supervisor William H. Hammond at 7:30 P.M.
Pledge of Allegiance.
Upon Roll Call, the following members of the Board were present:
Councilperson…………………J. Dean Collins
Councilperson…………………Paul Kenyon
Councilperson…………………David Maul
Councilperson…………………Kenneth Nawrocki
Supervisor……………………..William Hammond
Also Present:
Town Attorney…………………Anthony Villani
Town Clerk…………………….Judy Gravino
An open house was held at the Macedon Town Highway Barn prior to the regular meeting.
Supervisor Hammond asked it there was any public comment.
Frank Enos discussed a dog issue in the Timberline and Cornwall area with the Board and the Town Engineer.
RESOLUTION NO. 134 (02) APPROVAL OF MINUTES
RESOLVED the minutes of March 28, 2002 be approved with the following
corrections:
Minutes should be NO. 7
RESOLUTION NO. 117 – Add said employees since 01/01/02
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 135 (02) APPROVAL OF MINUTES
RESOLVED the minutes of April 11, 2002 be approved with the following
correction:
RESOLUTION NO. 109 (02) HIGHWAY DOZER
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI ABSTAIN, HAMMOND AYE MOTION CARRIED
REPORTS – The Supervisor presented the following report:
Recreation April 2002 Report
RESOLUTION NO. 136 (02) APPROVAL OF REPORTS
RESOLVED the report submitted be approved.
MOTION BY MAUL, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
CORRESPONDENCE – The Supervisor presented the following correspondence:
q Governor Pataki announced the availability of grant applications
for several of the programs funded under the 1996 Clean Water/Clean Air
Bond Act and the Environmental Protection Fund.
q A letter from Senator Nozzolio dated April 8, 2002 thanking Supervisor
Hammond for providing the Town’s concerns regarding the level of traffic
safety near the intersection of Route 31 and Yellow Mills Road and the
speed limit on Route 31F. Senator Nozzolio has contacted Charles
Moynihan, Regional Director of the New York State DOT for his personal
review.
q A current Electric & Gas Emergency Call List from Michael Rumancik
dated April 12, 2002.
q Councilpersons Maul and Kenyon submitted a list of items to be returned
that have been stored at Paul Davis Restoration as a result of the fire.
Paul Davis Restoration will call with an estimate prior to delivery.
q Macedon Public Library April 16, 2002 Minutes.
q A letter from concerned residents regarding the proposed installation
of a commercial storage building on Evergreen Hills Drive.
q Letter dated April 18, 2002 from Scott Allen, Code Enforcement Officer/Town
Engineer notifying Susan Murray of 12 vacant mobile home units being deemed
“unsafe for occupancy” on her property at 2384 Route 350.
q Gananda School Board Minutes of March 13 & March 27, 2002.
q Planning Review Committee Meeting Minutes of April 24, 2002.
q Letter dated April 22, 2002 from the Rochester Area Community Foundation
notifying the Macedon Public Library that the Bullis Advised Fund has recommended
a grant of up to $100,000 as a 1:1 match for contributions raised for the
Phoenix Fund from the residents and the community.
NO. 9 APRIL 25, 2002 PAGE 2
RESOLUTION NO. 137 (02) SR. CLERK TYPIST
BE IT RESOLVED that the Macedon Town Board appoints Jennifer Habecker
to the full-time position of Sr. Clerk Typist as per the certification
of Eligibles List as submitted by Wayne County Civil Service Personnel
Office effective May 1, 2002 at an annual salary of $18,500.
MOTION BY COLLINS, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 138 (02) RECREATION DIRECTOR
BE IT RESOLVED that the Macedon Town Board appoints Norbert Miller
to the full-time position of Recreation Director as per the Certification
of Eligibles List as submitted by Wayne County Civil Service Personnel
Office effective immediately at an annual salary of $24,500
MOTION BY COLLINS, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 139 (02) BULLIS PARK BUILDING
RESOLVED that the Town Board authorizes an amount not to exceed $350
to be expensed from A7110.400 to erect a wall between the concession stand
and the storage area, labor to do the work will be donated by James Youngman,
and be it further
RESOLVED that Brad Jacobs & Sons Masonry, Inc. remove 2-24x32 windows
and replace with decorative block to match existing color as closely as
possible at a cost not to exceed $250.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 140 (02) RECREATION BUDGET ADJUSTMENT
BE IT RESOLVED to approve the following budget adjustment for Macedon
Recreation to account for the Summer Coordinator and Recreation Assistants
under A7310.100 – Summer Program Salary:
DR
CR.
A 0960 Appropriations 3600.00
A 7310.400 Contractual 3600.00
A 0960 Appropriations
3600.00
A 7310.100 Salary
3600.00
MOTION BY KENYON, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 141 (02) BROWNSTONE BUSINESS SIGN APPLICATION
FEE
BE IT RESOLVED the Town Board waives the Zoning Board of Appeals reapplication
fee for Brown Stone Physical Therapy with the exception of $30 to cover
sign and advertising fees.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
This application for a sign variance was on the ZBA agenda. The applicant did not attend. In the applicant’s letter he states that he had some family urgency. The public hearing was held with no representation to speak for or against the application. Because the application form says the applicant has to be present, the ZBA did not feel they could table the application and have the applicant attend the next meeting. They denied the variance because he was not there. The $30 will cover the cost for signs and advertising again. Attorney Villani stated that there is nothing in the statuette that says that personal appearance is necessary. The Board has to act on substantial evidence and if there were no representation before them to create a record, they would have nothing to act on except the application. If the application is enough, they could proceed in the absence of the person. If the application is not enough then they need a record before them. They are granting a variance and the burden is on the person asking for it. Councilperson Maul stated that because the public hearing was held, the applicant wasn’t present and the form states that the applicant has to be present. Attorney Villani stated that the resolution could have read in the absence of the applicant there is not sufficient facts before us to warrant the granting of the variance. The application should read what the law requires; the applicant has the burden of demonstrating sufficient facts at the public hearing to warrant the grant of the variance.
RESOLUTION NO. 142 (02) RECORDS MANAGEMENT IMPROVEMENT FUND
WHEREAS, the Governor has proposed to remove certain offices overseeing
Cultural Education from the New York State Education Department, incorporating
these in an entirely new Institute for Cultural Education; and
WHEREAS, in order to fund this Institute, including the State Archives, State Library, State Museum and State Office for Public Broadcasting, New York State will need to raise millions of dollars in capital investment and plans to do this by quadrupling the present five dollars collected by all County Clerks and the Register of the City of New York on all recorded, indexed and entered documents to twenty dollars, effective July 1, 2002; and
NO. 9 APRIL 25, 2002 PAGE 3
WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to support grants and technical assistance to local governments to improve and enhance the management of their records and information, and
WHEREAS, said fee increase would provide no improvement in service for the taxpayers paying the fee, nor any additional benefits to the local governments that must collect said fee increase; and
WHEREAS, no demonstrated benefit has been identified in the relocation of these functions to the proposed Institute, in contrast to the highly effective and beneficial relationship that local governments now enjoy with the New York State Education Department; now be it hereby
RESOLVED, by the Town of Macedon that this body stands firmly opposed to this proposal; and be it further
RESOLVED, that a copy of this resolution be delivered to the Governor,
the New York State Legislature and all others deemed necessary and proper,
and we urge them to likewise oppose this proposal.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
In response to a letter in the paper the Board discussed Farmland Preservation.
Agricultural easements have been around since 1982. Macedon is late
getting in the game. This is a Federal program passed through the
state. It fits the Master Plan that has been developed by the Town
and the people. The only application approved so far was approved
because it met every item the state and federal government were looking
for in terms of what should be preserved such as contiguous land, currently
under agricultural production etc. It is up to the farmers to determine
if they want to participate. If a landowner would like to participate,
the Board determines if it fits our master plan. April 1, 2002 there
was an open meeting on Farmland Preservation that was advertised in the
paper and on the agenda. The Town of Macedon has spent less
than $1,000 for all the applications together. The one that is near
approval cost the Town $600. It was for 2,100 acres.
When it is approved the Town will receive the $600 back. Councilperson
Kenyon wrote a letter to the editor in the Courier this week with the facts
and web sites where people could get additional information.
Councilperson Collins received a memo from Donna Komor, Assessor dated
April 18, 2002 regarding full time staff. Ms. Komor would like
to increase the staff in the Assessor’s office to a single full time position
beginning in June of this year. Councilperson Kenyon informed the
Board that Ms. Komor would have to go through civil service and that she
would have to determine the title of the position. Advertising would
depend on whether there was a civil service list available for that title.
Civil Service must recognize the title for that position. Councilperson
Collins and Supervisor Hammond will meet with Ms. Komor.
RESOLUTION NO. 143 (02) EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 8:35 p.m. to discuss
possible litigation and the Board invites Doug Allen, Scott Allen,
Tom Morrison and Kevin Rooney to attend.
MOTION BY HAMMOND, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 144 (02) OPEN SESSION
RESOLVED the Board returns to Open Session at 10:00 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
MOTION BY HAMMOND, SECONDED BY MAUL THAT THE MEETING BE CLOSED.
THE MEETING ADJOURNED AT 10:10 PM.
___________________________________
Judy W. Gravino, RMC
Town Clerk