NO. 12 PAGE 1

JUNE 12, 2003

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held June 12, 2003 at the Town Offices, 32 Main Street, in the Village 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………………Dean Collins

Councilperson………………Ken Nawrocki

Also Present: Highway Superintendent…..Richard Roets

Town Engineer……………..Scott Allen

Town Clerk………………....Judy Gravino

RESOLUTION NO. 153 (03) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of May 22, 2003 as presented.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

REPORTS – The Supervisor presented the following reports:

Macedon Police Monthly Report – May

RESOLUTION NO. 154 (03) APPROVAL OF REPORTS

RESOLVED the reports submitted be approved.

MOTION BY MAUL, SECONDED BY COLLINS

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 155 (03) SHIFFLET SPECIAL USE PERMIT PUBLIC HEARING

SCHEDULED

WHEREAS Jimmy C. Shifflet has requested a Special Use Permit to operate a motor vehicle service station and auto repair shop at 1910 Route 31 under Section 135-86 of the Town Code be it

RESOLVED that the Town Board schedules a Public Hearing on July 10, 2003 at 8:00 p.m.

MOTION BY MAUL, SECONDED BY COLLINS

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 156 (03) HARV’S INC. FIREWORKS PERMIT

BE IT RESOLVED that the Town Board issues a Fireworks Permit to Harv’ Inc. for fireworks display to be handled by Young Explosives Corporation on August 9, 2003 at 9:30 p.m. on the Wyman property near the runway in compliance with Article 405 of the Penal Code and contingent upon attorney’s approval of certificate of insurance submitted by Young Explosives and Harv’s Inc.

MOTION BY COLLINS, SECONDED BY MAUL

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

NAWROCKI ABSTAIN, HAMMOND AYE MOTION CARRIED

NO. 12 PAGE 2

JUNE 12, 2003

RESOLUTION NO. 157 (03) TOWN HALL/LIBRARY LANDSCAPING

WHEREAS, the Town of Macedon solicited for sealed bids to landscape the Town Hall/Library and

WHEREAS the bids were opened publicly on June 2, 2003 at 10:00 a.m.

BE IT RESOLVED that the Town Board award the contract to the lowest responsible bidder, VanPutte Gardens, 136 North Avenue, Rochester, New York 14626 at a cost of $31,800 contingent upon submission of a performance bond and be it further

RESOLVED the Supervisor is authorized to sign said contract.

MOTION BY COLLINS, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE – The Supervisor presented the following:

• Finger Lakes HIV/AIDS Region Public Health Coalition will be holding free HIV Testing at the following locations:

513 West Union St., Newark, NY

• The Hill Cumorah Pagent Cast Teams will assist at the Aqueduct Park, Town Hall, Green Way and Town Library from July 15-17, 2003
• Natural Resources Conservation Service acknowledged receipt of the Farmland Applications for funding on the Hilton and Stanton Farms.
• P&C Food Market was recognized by the Wayne County PROUD Partnership for their commitment to refuse alcohol sales to minors for May 2003.
• The Village of Macedon notified the Town of applications for zoning variances for 154 and 158 Kemp Drive.
• The Unified Court System acknowledged receipt of the Justice Court Assistance Program Application. Announcements will be on or about October, 2003.
• Steve Mooney requested the Board review the speed controls on Quaker Road.

RESOLUTION NO. 158 (03) QUAKER ROAD SPEED & REDUCTION STUDY

BE IT RESOLVED the Town Clerk is authorized to request DOT to perform a speed reduction and safety study on Quaker Road between Walworth and O’Neill Roads.

MOTION BY NAWROCKI, SECONDED BY COLLINS

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Supervisor Hammond and Town Accountant Kim Leonard met with Tom Warnick, Wayne County Treasurer to discuss sales tax credit. Kim Leonard states in her memo to the Town Board dated June 9, 2003 "The history of the sales tax credit goes back to the 1960’s. There was a pro-rated formula that the County used to reduce each town’s sales tax revenue that the County had to pay, thereby allowing for a reduction in the County Tax Rate for said town by that same credit. The total dollar value since its inception to reduce the Count tax rate has been $800,000. This equates to an $.18 cent/th. reduction in the County Tax Rate for Town Outside Village residents. The County Treasurer has not idea why it was put in place to begin with and interestingly enough, the Villages chose not to participate and therefore receive and control all of their Sales Tax revenue at the local budgetary level.

The County Tax Rate on a Town Outside Village Taxpayer’s bill = 8.175730/th.

The County Tax Rate on a Village Taxpayer’s bill = 8.357478/th.

This makes it appear as if a Town O/V resident pays less in County taxes than a Village taxpayer but receives the exact same services." The Board was requested to review and resolve to take back this revenue and control it at the local level.

NO. 12 PAGE 3

JUNE 12, 2003

RESOLUTION NO. 159 (03) SALES TAX COLLECTED BY WAYNE COUNTY –

ELECTING DIRECT PAYMENT PURSUANT TO TAX

LAW SECTION 1262

WHEREAS, the County of Wayne imposes and collects sales taxes pursuant to Article 29 of the Tax Law of the State of New York, and

WHEREAS, the amount of said sales tax collected allocated to the Town of Macedon is currently applied to reduce county taxes levied upon real property in the Town of Macedon, and

WHEREAS, 1262 of the Tax Law provides that any town, other than a town within a county having a population of one million or more and containing not more than three towns, or other than a town within a county having a population of not less than seven hundred thousand or more than eight hundred thousand, by local law, ordinance or resolution, however, may provide that all of the amounts which would be so applied to reduce the county taxes levied upon real property in such town shall be paid directly to such town to be used for any town purpose, and

WHEREAS, the Town of Macedon, is a qualified Town within the meaning of 1262 and elects that all of the amounts which would be so applied to reduce county taxes levied upon real property in such town shall be paid directly to such town to be used for any town purpose,

NOW, BE IT RESOLVED THAT all of the amounts which would be so applied by the County of Wayne to reduce the county taxes and general town taxes levied upon real property in the Town of Macedon, be and the same shall be paid directly to such town to be used for any town purpose authorized by 1262 of the Tax Law of the State of New York, and

BE IT FURTHER RESOLVED THAT, pursuant to 1262 of the Tax Law, this resolution shall be effective for all calendar year or years subsequent to its enactment, and

BE IT FURTHER RESOLVED THAT the Town Clerk is authorized and directed to mail a certified copy of this resolution, by registered or certified mail, to the chief fiscal officer of the county of Wayne before the first day of September, 2003.

MOTION BY HAMMOND, SECONDED BY COLLINS

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 160 (03) EXCAVATOR LEASE RATE APPROVED

BE IT RESOLVED the Town Board approves the lease rate of $22,294.49/year for five (5) years for a John Deere Excavator from John Deere Credit to be expensed from SD8540.400.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Supervisor Hammond sent thank you letters to the Macedon Center Fire Department and Macedon Village Fire Department for supplying fire extinguishers for the new Town Hall and Library buildings. An invitation was extended to the entire departments to attend the grand opening in July.

Discussion followed on purchasing Ontrac Equipment for the Macedon Highway Department. Highway Superintend Roets will discuss further at the next board meeting.

Highway Superintendent exited the meeting at 8:36 p.m.

Chuck Jefferson informed the Board of the State Construction Grant received by the Library in the amount of $68,000.

NO. 12 PAGE 4

JUNE 12, 2003

Supervisor met with NYSERTA regarding

RESOLUTION NO. 161 (03) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 8:55 p.m. to discuss particular personnel matters and invite Chuck Jefferson to attend.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 162 (03) OPEN SESSION

RESOLVED the Board return to Open Session at 10:15 p.m.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT NO. 6-03

CLAIM NOS. 7078-7244 Expenditures in the amount of $384,867.77

RESOLUTION NO. 163 (03) AUDIT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 164 (03) PHEASANT RUN SUBDIVISON EXTENSION

REQUEST – RICHARD STRUZZI

The request for additional time is granted and the matter is placed on the agenda for June 26, 2003 at which time a decision will be made.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI NAY, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY COLLINS THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:20 PM.

_____________________________

Judy W. Gravino, RMC

Macedon Town Clerk