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NO. 9 PAGE 1

MAY 8, 2003

A Regular Meeting of the Town Board of the Town of Macedon held May 8, 2003 at the Town Offices, 32 Main Street, in the Village of Macedon, was called to order by Deputy Supervisor Dean Collins at 7:30 p.m.

Pledge of Allegiance

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

Councilperson………………Dean Collins

Councilperson………………Paul Kenyon

Councilperson………………David Maul

Councilperson………………Ken Nawrocki

Absent: Supervisor…..………………William Hammond

Also Present: Highway Superintendent……Richard Roets

Town Attorney………………Anthony Villani

Town Engineer………………Scott Allen

Town Clerk………………..…Judy Gravino

RESOLUTION NO. 129 (03) BUDGET ADJUSTMENTS

RESOLVED the Town Board approves the following budget adjustments:

DR CR.

HA 0960 Appropriations 5381.00

HA 1990.401 Contingency 5381.00

HA 0960 Appropriations 5381.00

HA 1621.201 Clerk of the Works 3600.00

HA 1621.293 Nicoletta Contract 1781.00

To record budget adjustment necessary for additional expenses incurred for the Clerk of the Works and for change order #6 for Nicoletta Builders.

HA 0510 Estimated Revenues 100000.00

HA 3089 State Aid–Nozzolio/Oaks 100000.00

HA 0510 Estimated Revenues 100000.00

HA 2210 Library – State Aid $ 100000.00

To record budget adjustment necessary due to the state aid $ being paid directly to the Town Capital Project, not via the Macedon Public Library.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND ABSENT MOTION CARRIED

RESOLUTION NO. 130 (03) EMPIRE ZONE REVISION APPLICATION SUPPORT

& CONCURRENCE

WHEREAS, New York State has created the Empire Zone program to encourage industrial and commercial development in selected areas across the State, and

WHEREAS, Wayne County, as an eligible municipality, received designation of an Empire Zone made up of sub-zones including portions of the Village of Newark

WHEREAS, under the current designation, Wayne County has the ability to amend the Zone boundaries to allow additional acreage, and

WHEREAS, Wayne County intends to revise the Wayne County Empire Zone boundaries to encourage industrial and commercial development and allow for the creation of an additional sub-zone in the Town of Macedon (detailed in attached Schedule A – Wayne County Annual Boundary Amendment – 2003), and

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MAY 8, 2003

WHEREAS, the Town of Macedon is committed to the development of new business within the proposed sub-zone, and

WHEREAS, the Town of Macedon wishes to support and concur with the Empire Zone revision application,

NOW, THEREFORE, be it resolved that the Town of Macedon Board, in its capacity as governing body of the Town of Macedon, does hereby support and concur with the Wayne County Empire Zone revision application.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND ABSENT MOTION CARRIED

RESOLUTION NO. 131 (03) EMPIRE ZONE BOUNDARY REVISION

WHEREAS, the Concurring Municipality desires to foster economic development within its jurisdiction and to that end desires to have certain site(s), detailed in Schedule A attached hereto (the "Site(s)"), included within the boundaries of the Wayne County Empire Zone (the "Zone"); and

WHEREAS, the Applicant Municipality desires to request of the Commissioner of Economic Development an amendment to the boundaries of the Zone to include the Site(s); and

WHEREAS, the Concurring Municipality concurs with the amendment of the boundaries of the Zone to include the proposed site(s); and

WHEREAS, the Concurring Municipality concurs with the deletion of the Site(s) or any portion thereof to the extent that the same is not utilized for economic development projects.

NOW, THEREFORE, in consideration of the foregoing, the mutual agreements herein contained and other food and valuable consideration to each of the parties hereto, the receipt and sufficiency whereof is hereby acknowledged, and intending to be bound hereby, it is hereby mutually covenanted and agreed as follows:

Section 1: The Applicant Municipality shall request of the Commissioner of Economic Development an amendment to the boundaries of the Zone to include the Site(s).

Section 2: (a) The Concurring Municipality hereby gives its consent to the amendment of the boundaries of the Zone to include the Site(s), and shall pass a resolution concurring with the Applicant Municipality’s request to amend the boundaries of the Zone.

In the event that the Site(s) is/are not utilized for economic

development projects, the Concurring Municipality hereby gives its consent to the

further amendment of the boundaries of the Zone to delete the Site(s) from the

Zone, and shall pass a resolution concurring with the Applicant Municipality’s

request to amend the boundaries of the Zone to delete the Site(s).

Section 4: The Agreement shall be a contract made under the laws of the State of New York and for all purposes shall be governed by and interpreted in accordance with the laws of the State of New York (except to the extent the same are superseded by federal law).

Section 5: The rights and obligations under this Agreement shall not be assignable to any party hereto.

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MAY 8, 2003

AND BE IT FURTHER RESOLVED the Supervisor is authorized to sign said boundary agreement attached in Schedule A.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND ABSENT MOTION CARRIED

RESOLUTION NO. 132 (03) CLEANERS

RESOLVED the Town Board rescinds RESOLUTION NO. 101(03) CLEANERS awarding the cleaning bid to Temco Service Ind. due to prevailing wage requirements and be it further

RESOLVED the Clerk is hereby authorized to advertise for bids to clean the Town Hall/Library at prevailing wage.

MOTION BY KENYON, SECONDED BY COLLINS

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

NAWROCKI AYE, HAMMOND ABSENT MOTION CARRIED

RESOLUTION NO. 133 (03) CANAL HERITAGE BROCHURE

BE IT RESOLVED the Town Board authorizes the purchase of 2,500 Canal Heritage Brochures not to exceed $900 to be expensed from A8510.400 (Community Beautification/Canal).

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND ABSENT MOTION CARRIED

Discussion followed on pay phone options. The Board requested more information.

The Board discussed Rel Com’s maintenance service contract and will continue discussion later.

Shawn Habecker presented landscaping plans for the Town Hall/Library. He will submit plant sizes prior to bidding.

RESOLUTION NO. 134 (03) LANDSCAPING BIDS

BE IT RESOLVED the Clerk is authorized to advertise for Town Hall/Library landscaping bids, specifications to be picked up at the Town Clerk’s Office.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND ABSENT MOTION CARRIED

The Town Board will discuss the Library Community Room Use Policy at the next meeting.

Supervisor Hammond entered the meeting at 8:40 p.m. Erin Hammond was inducted into the National Honor Society at Gananda Central High School tonight. Congratulation to Erin for a job well done. Erin has volunteered many hours in the past at the Town Hall.

RESOLUTION NO. 135 (03) O’NEILL ROAD SEWER EXTENSION FEASIBILITY

STUDY

RESOLVED the Town Board authorizes spending of $2,000 to proceed with the O’Neill Road Sewer Extension proposal from FRA dated April 10, 2003 to be transferred from A1990.400 to A1440.400 and expensed from A1440.400.

MOTION BY NAWROCKI, SECONDED BY COLLINS

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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MAY 8, 2003

CORRESPONDENCE – Deputy Supervisor Collins presented the following:

NYMIR’s 2002 Annual Report
RGE – Thank you for the cooperation during the April 3-5, 2003 ice storm.
Copy Central is interest in submitting a quote to the Town of Macedon for interior engraved signs.

The Board discussed insurance options relating to Recreation Programs. Supervisor Hammond will research further.

RESOLUTION NO. 136 (03) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:06 p.m. to discuss litigation.

MOTION BY COLLINS, SECONDED BY HAMMOND

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 137 (03) OPEN SESSION

RESOLVED the Board returns to Open Session at 10:20 p.m.

MOTION BY COLLINS, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 138 (03) APPROVAL OF MINUTES

RESOLVED that the Board approves the minutes of April 24, 2003 as presented.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT NO. 5-03

CLAIM NOS. 6951-7076 Expenditures in the amount of $308,401.32

RESOLUTION NO. 139 (03) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY COLLINS

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 140 (03) KNAPP – SENIOR CLERK TYPIST

BE IT RESOLVED Donna Knapp is considered permanent Senior Clerk Typist after completing her civil service probationary appointment effective May 8, 2003.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 141 (03) POSKI CHARITABLE CONTRIBUTION FORM

WHEREAS the Town Board has researched the request made by John Poski for a Noncash Charitable Contributions Form 8283 from the Town with their attorney and has found no legal impediment to the Town accepting the value of the Poski easement in excess of the appraised value as a charitable contribution and therefore

BE IT RESOLVED the Supervisor is authorized to sign Form 8283.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND ABSTAIN MOTION CARRIED

MOTION BY COLLINS SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 10:58 PM.

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Judy W. Gravino, RMC

Town Clerk