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NO. 5 PAGE 1

FEBRUARY 27, 2003

A Regular Meeting of the Town Board of the Town of Macedon held February 27, 2003 at the Town Complex, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William H. Hammond at 7:30 p.m.

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

Councilperson………………Dean Collins

Councilperson………………David Maul

Councilperson………………Ken Nawrocki

Councilperson………………William Hammond

Absent: Councilperson Paul Kenyon

Also Present: Town Attorney……………..Anthony Villani

Town Engineer……………..Scott Allen

Highway Superintendent…...Richard Roets

Town Clerk………………....Judy Gravino

RESOLUTION NO. 71 (03) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of February 13, 2003 with the following amendments:

RESOLUTION NO. 68(03) CLOUGH HARBOR ENGINEERING SERVICES should include to be expensed from A1440.400 not to exceed 2003 budgeted amount of $20,000.

-and-

ProCon - The developer is not looking for any subsidizing tax abatement and/or

Tax incentive programs from the Town or the County.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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

REPORTS – The Supervisor presented the following:

1. Wayne County Master Plan Kick-Off Meeting & Survey Results

2. NYS Retirement System – Memo dated 02/21/03 regarding the employer annual contribution.

3. Macedon Public Library Board of Trustees meeting minutes of 02/18/03.

RESOLUTION NO. 72 (03) APPROVAL OF REPORTS

RESOLVED the Reports submitted be approved.

MOTION BY COLLINS, SECONDED BY MAUL

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Donald Forsay and his Attorney, Anthony LaFay requested a 60-day extension from March 9, 2003 on the Property Nuisance Abatement Law relating to his property. Plans have been submitted to the Building Department to rehabilitate the barn. The plan is to cut off about 25% percent, the deteriorated portion of the barn, then shore up the foundation with proper materials and rebuild that part of the barn. The finished product would be about 75% of what the original barn was. The deadline that you gave my client on January 8, 2003 was March 9, 2003. It is not really practical or feasible for us to complete it within that deadline. In your notice there is a provision on paragraph D that says the Town Board by majority vote shall have the sole discretion to extend the above-prescribed timelines, if the Property Owner shows good cause for such extension, at the scheduled hearing before the Town Board. Don Forsay has gone to the expense of getting the proper plans and specifications from an approved structural engineer, that expenditure shows good faith. As a practical matter everybody should recognize that you

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FEBRUARY 27, 2003

can’t do it overnight and you need some time. This shows some good faith effort and we will work with you. We are asking for some extra time so that we can get the job done properly taking into consideration the fact that with the dead of winter hopefully within a matter of a few weeks the weather will break and the excavation work for foundations will be done properly.

Councilperson Nawrocki –What amount of time are you asking for and the calendar of events that would be completed in that amount of time line?

Don Forsay – Two (2) months.

Councilperson Nawrocki – You are requesting 60 extra days beyond the March 9, 2003 date. What would transpire within that time?

Don Forsay – We will be going up and cutting off about 28 feet of the 73 foot barn and taking that portion down, shoring up the remainder and getting it ready to put a block wall under the one portion of the barn. And then rebuilding the structure.

Councilperson Collins – When did we receive those plans?

Don Forsay – The engineer has been working on them 2-3 weeks. We dropped one set earlier in the week and had to have the state seal on it. I got those today.

Councilperson Collins – When did we send you that letter?

Anthony LaFay – It is dated January 8, 2003. I don’t know when he received it, I assume a few days after that.

Scott Allen, Town Engineer – It was hand delivered on January 8, 2003

Councilperson Collins – You got the letter January 8, 2003, and we got stamped plans today.

Councilperson Nawrocki – The date drawn is 2/21/03.

Councilperson Maul – Did you read on to paragraph E that explains that the opportunity to be heard by this Board on a matter of an extension was scheduled for January 23, 2003?

Anthony LaFay – Today was the first time I have seen this letter.

Councilperson Maul – That may be but you were here on January 9, 2003, and we basically read that paragraph to both of you. So whether you saw the letter or not you knew that you were expected to be here January 23, 2003 if you wanted to ask for an extension.

Anthony LaFay – Lets assume all of that is right and I don’t have any reason to dispute it, the practicalities say we are either going to rebuild the barn or you people are going to tear it down. Doesn’t it make more sense to allow us some latitude to rebuild it? Especially since my client is showing good faith. He has gone to the expense of getting the engineering drawings, which are preliminary to getting a permit, which is preliminary to being able to remove the damaged part of the structure before he can rebuild it. There is no question there has been delay here. As you people are as well aware as everybody else in this room this hasn’t been the only thing that my client’s attention has been focused on. There is the property on West Walworth Road and I think anybody who has gone out there can see that there has been a world of difference. The same thing is true with the property on Daansen Road. If you have been out there, as recently as today you will see that there is a world of difference.

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Councilperson Collins – I go by it every day and a world of difference is a really stretch of term, a very big stretch of term. This town has been dealing with this person since 1987.

Anthony LaFay – He only got it last year.

Councilperson Collins – Yes, that piece of land. In that amount of time he has made that big of mess.

Anthony LaFay – I didn’t come to debate it with you. We simply came to ask for a little extension of time so that we can comply with what the Board has directed us to do.

Councilperson Nawrocki – This barn was red tagged in August of 2002 along with other citations. What action has been taken to address the unsafe condition between August and the time in January when the Town put the abatement order up?

Anthony LaFay – He didn’t use it at all. He stayed away from this because it was tagged as unsafe.

Councilperson Nawrocki – What actions did you take to bring it into compliance?

Anthony LaFay – You can’t do anything without a permit. He didn’t have a permit and he couldn’t get a permit until he made an application for it and had the plans that you have before you.

Councilperson Nawrocki – So you waited for our abatement order in January to start that process?

Don Forsay – We were centering very heavily on some of the other properties getting it cleaned up.

Councilperson Collins – You just said he hasn’t been in the barn since it has been tagged?

Anthony LaFay – He hasn’t used the barn.

Coucilperson Collins – Last Tuesday night he plead guilty to how many charges? And one of them was being in the barn or conducting a business on that property?

Anthony LaFay – No

Councilperson Collins – You are saying you have actually been there when he is there and he has not been in that barn and there has been nobody in that barn working?

Anthony LaFay – Daansen Road I have been there and I haven’t seen anybody inside the barn. I was there with Mr. Villani, was anybody inside the barn?

Town Attorney Villani – I think you may be getting confused Mr. LaFay. I thought Daansen Road was where they were using that to take apart…. there was stuff in there. There could very well be that there was no one in there, there was stuff stored there. I could not say that I saw anyone.

Scott Allen, Town Engineer – I have seen people in the barn on numerous occasions when we have done inspections.

Councilperson Maul - Let’s talk about the good faith that you brought up. First of all the letter was hand delivered on January 8, 2003 so, good faith it sounds like the process has begun. He has arranged for work from a structural engineer. It sounds like he is doing all the right things. He is doing them about 50 days later than he should have done them. It is not my problem whether he could find an engineer or not.

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Anthony LaFay – Most engineers didn’t want to bother with such a small job. I do have a letter from Floyd Herrick who is the Structure Engineer from an office in East Rochester.

Councilperson Maul – The timeline was very clearly laid out. The opportunity to ask for an extension to that timeline was very clearly laid out and here we are. Also to the point of good faith I understand that at last weeks court appearance it was agreed that West Walworth be completely cleaned up by yesterday and it isn’t. It adds to the pattern of I say I will do something and then I don’t do it.

Anthony LaFay – I believe there is one or two items that are near the road that will be picked up tomorrow. We have the vehicle to do it.

Councilperson Maul – Yes, but do you understand my point, a week ago he committed that he would have everything cleaned up by last night. Now today it is give me a couple more days. Why should I believe anymore that after 60 days he won’t be in here saying that all I need is 30 more, or all I need is 60 more?

Anthony LaFay – If there was no progress from one week to the next then I would say you have a point, but there has been progress.

Councilperson Maul – Well there hasn’t been enough progress. We have a box on the table that is full of a chronology of things to deal with this applicant since he first applied to “raise livestock and store agricultural equipment” in June of 1987 on West Walworth Road. And there is a reoccurring pattern of violations and some remediation followed by further violations, followed by further violations, followed by what I consider to be total disregard for law and order and the things that he has been directed to do in this town. I have had it. And all the people that call me ten (10) times a day and send me ten (10) e-mails a day have had it too.

Anthony LaFay – I think that problem on West Walworth Road is beginning to solve itself. Three parcels have been sold. The third I believe will be under contract. All of it is on the market for sale.

Councilperson Maul – That is interesting. I don’t see how it is relevant. In ten (10) years from now you might sell the Daansen Road property too. That has nothing to do with what we are doing here tonight.

Anthony LaFay – All I am trying to say is that my client is making a decent effort. It may not be 100% satisfactory to you, but based upon the prior ten (10) years what has happened in the last six-(6) months is phenomenal.

RESOLUTION NO. 73 (03) FORSAY EXTENSION

RESOLVED the Board approves a 60-day extension from the Nuisance Abatement Order deadline of March 9, 2003.

MOTION BY KENYON, SECONDED BY COLLINS

Councilperson Maul – As tired as I am with dealing with this particular matter whether it be Daansen Road or West Walworth Road, which I have been dealing with pretty regularly since I was elected to this Board, I struggled this week to make sure that I was arriving at a fair conclusion because we are not talking about a small result here. If we decide not to extend this, then his barn comes down in a week or so and I thought that is sufficiently severe that I wanted to make sure that I had given it as much deliberation as it deserved. And when I looked through that box and saw the history of contempt for this Board and the Boards that came before it and the fact that this order was put into place in early January. If it were me that got that order I would have been in here on my hands and knees on January 23 begging you guys to give me an extension. Instead we got a no show. And I know that the attorney and the applicant were both aware because we

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verbally read it to them that night that they were here. So whether they got the letter or not is no excuse. We told them about the opportunity for the hearing. So I just don’t get it. I might have been a lot more receptive if they were in here on the 23rd and they made their case. Look guys it’s winter time, I can’t get an engineer that quickly, you only gave me 60 days, I’ve got a hell of a problem to clean up here, give me a break. That would have been all different, but they waited 50 days out of a 60-day order and now they are here to ask for more time. I would have loved to have come to a conclusion that didn’t mean your barn had to come down, but I can’t see it.

Supervisor Hammond – I think David just said the sentiment of quite a few of us, Judy roll please.

ROLL CALL VOTE: COLLINS NAY, KENYON NAY, MAUL NAY,

NAWROCKI NAY, HAMMOND NAY MOTION DENIED

The Board has refused any extension. Mr. Forsay has until March 9 to bring the building into complete compliance. Mr. Forsay asked to be on the March 13, 2003 agenda. According to the Scott Allen, Engineer this must be 100% done by March 9, 2003.

RESOLUTION NO. 74 (03) ASSESSOR COMPUTER PURCHASE RES. NO 44 (03)

AMENDED

RESOLVED the Board amends the ASSESSOR COMPUTER PURCHASE RES. NO. 44 (03) to be expensed from A1355.200.

MOTION BY NAWROCKI, SECONDED BY COLLINS

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 75 (03) MEYER FEES WAIVED

RESOLVED the Board waives the demolition fee of $25, Building fees of$200 minimum or $.10/square foot over 2,000 square feet and Escrow fee of $500 totaling approximately $725 for the reconstruction of residence at 2965 Walworth-Palmyra Road due to a fire that destroyed their 150 year old farmhouse on February 10, 2003.

MOTION BY COLLINS, SECONDED BY NAWROCKI

Attorney Villani – Did not know if the Town Board has the authority to waive fees in the case of a hardship because it is not in the statute.

ROLL CALL VOTE: COLLINS NAY, KENYON NAY, MAUL NAY,

NAWROCKI ABSTAIN, HAMMOND NAY MOTION DENIED

RESOLUTION NO. 76 (03) NEW YORK STATE TOWN CLERKS ASSOCIATION

2003 CONFERENCE

RESOLVED the Board authorizes the Town Clerk to attend the New York State Town Clerks Association 2003 Conference to be held in Buffalo from April 27 through April 30 at a cost not to exceed $650 to be expensed from A1410.400 as budgeted.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 77 (03) NEW YORK STATE TOWN CLERKS REGIONAL

MEETING

RESOLVED the Board authorizes the Town Clerk to attend the New York State Town Clerks Association Regional Meeting in Batavia on March 24, 2003 at a cost not to exceed $20 plus mileage to be expensed from A1410.400 as budgeted.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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FEBRUARY 27, 2003

It was the consensus to allow individuals building a trail behind the Farm Restaurant to park on Town property on Bunker Hill.

Councilperson Paul Kenyon and Supervisor Hammond will meet on cleaning specifications.

RESOLUTION NO. 78 (03) TOWN HALL/LIBRARY CHANGE ORDER NO. 3

BE IT RESOLVED the Town Board approves Change Order No. 3 for Concord Electric and agrees to purchase the following alarm system for the Town Hall/Library Complex as quoted per Concord proposal No. 14 in the amount of $5,220.80 to be transferred from HA1990.401 Contingent to HA 1621.296 Concord Electric and be it further

RESOLVED Concord Electric be authorized to relocated and install phone system for Town Hall/Library Complex at a cost of $3,469.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Discussion followed on the phone system and it was the consensus of the Board there would be a single phone number. The Town will advertise in the paper regarding the relocation.

RESOLUTION NO. 79 (03) CHAIR PURCHASE

RESOLVED the Town Board authorizes the purchase of chairs not to exceed $7,200.39

Per quote No. 2270311 from Write Woman Computer Products, Inc. per state bid price from account HA1621.200B.

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 80 (03) MOVERS

RESOLVED to authorize the Supervisor to contract with the lowest qualified bidder to move the Town Hall, Library and Records Room not to exceed $4,700 after acquiring 3 bids consistent with purchasing policy to be expensed from HA11621.200B.

MOTION BY COLLINS, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Councilperson Collins will look into small cities grants.

The Town Clerk is in receipt of a new liquor license from Beauregards LLC, formerly Marvins. Harv’s Harley has requested a permit for fireworks.

Councilperson Maul – Doug Clemens on Bunker Hill has offered to donate his time and help Councilperson Maul with the layout and networking of the computers. Mr. Clemens is a certified Microsoft Engineer.

Councilperson Kenyon requested the Supervisor distribute a letter to Town Employees instructing them not to move anything other than their personal items. Professional movers will relocate the rest.

RESOLUTION NO. 81 (03) EXECUTIVE SESSION

RESOLVED the Town Board enter Executive Session at 9:50 p.m.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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RESOLUTION NO. 82 (03) RETURN TO OPEN SESSION

RESOLVED the Board return to Open Session at 10:35 p.m.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 83 (03) DONALD FORSAY BARN DEMOLITION BID

RESOLVED to award to the lowest responsible bidder, Schreiber Excavating and authorize the Supervisor to enter into a contract for the demolition and removal of the Don Forsay barn if not in compliance on or before midnight on March 9, 2003 at a cost of $7,900 in accordance with the Nuisance Abatement Order issued on January 8, 2003 to Don Forsay.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY KENYON THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 10:51 PM.

______________________________

Judy W. Gravino, RMC

Town Clerk