NO. 14 PAGE 1

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held July 10, 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:

Absent: Councilperson………………Dean Collins

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

Town Engineer……………..Scott Allen

Town Clerk………………....Judy Gravino

RESOLUTION NO. 176 (03) RESIGNATION – COUNCILPERSON COLLINS

WHEREAS J. Dean Collins has notified the Town Board of his resignation from the Town Board, due to relocation

BE IT RESOLVED that the Board regretfully accepts the resignation of Councilperson and Deputy Supervisor J. Dean Collins effective June 30, 2003, and acknowledges his dedication and service to our community. Mr. Collins was instrumental in the new Town Hall/Library creation and volunteered many hours of time to its design and construction.

NOW THEREFORE BE IT RESOLVED that the Town Clerk is authorized to advertise for the position.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESIGNATION NO. 177 (03) RESIGNATION - ZONING BOARD MEMBER

SAVERSKY

WHEREAS Helen Saversky has notified the Town Board of her resignation from the Zoning Board of Appeals, due to increasing demands on her time,

BE IT RESOLVED that the Board accept this resignation with regret effective July 1, 2003, and offers its appreciation for Helen’s many years of dedicated service to the Town, and

BE IT FURTHER RESOLVED that the Town Clerk be authorized to advertise for candidates to fill the vacancy.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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RESOLUTION NO. 178 (03) SUMMER RECREATION CAMP 2003

APPOINTMENTS

RESOLVED the Board appoints the following Summer Recreation Appointments for the 2003 Summer Recreational Camp:

Rachel D’Arduini Director $2,000/season - voucher

Robin Campbell Assistant Director 800/season - voucher

Karen Gregor Assistant Director 800/season - voucher

Kristin Norsen Hourly Assistant 10/hour-voucher

Aubruy Young Hourly Assistant 8/hour-voucher

Elebana Emierbalun Hourly Tiny Tots 5/hour-voucher

Contingent upon being budgeted.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 179 (03) CHANGE ORDER NO. 5 & 6 - CONCORD

RESOLVED that the Town Board authorize change order #5 in the amount of $274.75 dated 4/5/2003 for Concord Electric for 2 power poles for the Town Hall and an additional switch for the exhaust fan in the Town Hall kitchen and change order #6 in the amount of $2,421.20 for additional work necessary for the Macedon Public Library and be it further

RESOLVED the Town Board authorize the corresponding budget adjustments:

DR CR.

HA 0960 2,695.95

HA 1621.296 2,695.95

HA 0960 2,695.95

HA 1990.401 274.75

HA 1621.200C 2,421.20

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 180 (03) BUDGET ADJUSTMENTS & TRANSFERS

RESOLVED that the Board authorize the following budget adjustments and transfers:

A 0510 EST. REV. 70,817.81

A 1082 OMITTED TOWN TAXES 3,339.81

A 2682 INS. RECOVERY-COMPLEX 67,478.00

A 0960 APPROP. 4,300.00

A 1990.400 CONTINGENT 4,300.00

A 0960 APPROP. 75,117.81

A 1355.400 ASSESSOR CONTR. 4,300.00

A 1930.400 JUDGEMENTS & CLAIMS 3,339.81

A 9952.900 INTERFUND TRANSFER TO CAPITAL PROJECT 67,478.00

B 0510 EST. REV. 1,961.47

B 1082 OMITTED TOWN TAXES 1,961.47

B 0960 APPROP. 1,961.47

B 1930.400 JUDGEMETNS & CLAIMS 1,961.47

F 0510 EST. REV. 287.37

F 1082 OMITTED TOWN TAXES 287.37

F 0960 APPROP. 289.37

F 1930.400 JUDGEMENTS & CLAIMS 289.37

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SD0510 EST. REV. 213.76

SD1082 OMITTED TOWN TAXES 213.76

SD0960 APPROP. 213.76

SD1930.400 JUDGEMENTS & CLAIMS 213.76

SF2 0510 EST. REV. 742.49

SF2 1082 OMITTED TOWN TAXES 742.49

SF2 0960 APPROP. 742.49

SF2 1930.400 JUDGEMENT & CLAIMS 742.49

SA 0510 EST. REV. 293.10

SA 1082 OMITTED TOWN TAXES 293.10

SA 0960 APPROP. 293.10

SA 1930.400 JUDGEMENTS & CLAIMS 293.10

To record budget adjustments for Pomeroy Appraisals for Farmland Preservation Appraisals, I. Gordon Realty Assessment Litigation Settlement Fees and final insurance payment for Town Complex fire.

DA 0960 APPROP. 1,330.89

DA 5140.100 BRUSH & WEEDS, P.S. 1,330.89

DA 0960 APPROP. 1,330.89

DA 9060.800 HEALTH INSURANCE 1,330.89

To record budget adjustment for Townwide Highway Health Insurance thru 6/30/2003.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 181 (03) VAN PUTTE LANDSCAPE - CHANGE ORDER NO. 1

RESOLVED the Board authorizes Change Order No. 1 for Van Putte Landscape in the amount of $1,850 for the installation of sod to be expensed from HA1621.297.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE – The Supervisor presented the following:

• Joint Sewer Committee Meeting Minutes June 24, 2003
• NYMIR recommendations for the Town of Macedon
• Letter dated July 2, 2003 from Attorney Gary Morell regarding the CVS Sewer.

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RESOLUTION NO. 182 (03) SEXUAL AND OTHER UNLAWFUL HARASSMENT

BE IT RESOLVED the Board adopts the following Sexual and Other Unlawful Harassment Policy:

SEXUAL AND OTHER UNLAWFUL HARASSMENT POLICY

Any employee who wants to report an incident of sexual or other unlawful harassment should report the matter to his or her supervisor within 5 days of the incident. If the supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the employee should immediately contact the Town Supervisor within 5 business days. Employees can raise concerns and make reports without fear of reprisal.

Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment should promptly advise the Town Supervisor, who will handle the matter in a timely and confidential manner.

Anyone engaging in sexual or other unlawful harassment will be subject to disciplinary action, up to and including termination of employment.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 183 (03) EQUAL EMPLOYMENT OPPORTUNITY POLICY

BE IT RESOLVED the Board adopts the following Equal Employment Opportunity Policy:

EQUAL EMPLOYMENT OPPORTUNITY POLICY

In order to provide equal employment and advancement opportunities to all individuals, employment decisions by the Town of Macedon will be based on merit, qualifications, and abilities. Except where required or permitted by law, employment practices will not be influenced or affected by an applicant’s or employee’s race, color, religion, sex national origin, age, disability, or any other characteristic protected by law.

Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor or the Town Supervisor. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Discussion followed on sending a mailer to registered voters in District 3, 4, and 5 regarding the new voting location four (4) to six (6) weeks prior to the election. The polling site for these districts will be held at the new Town Hall/Library Complex.

Discussion followed on parking at Bullis Park. The Recreation Director will be asked to relay the concern to coaches that the driveway should be clear at all times to allow emergency vehicles access to all fields.

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RESOLUTION NO. 184 (03) READING OF THE LEGAL NOTICE WAIVED

RESOLVED the Board waives reading of the legal notice published in the June 23, 2003 issue of the Times.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Attorney Anthony LaFay appeared before the Board requesting a Special Use Permit to allow Jimmy C. Shifflet to operate a Motor Vehicle Service Station at 1910 Rt. 31. Mr. LaFay was advised that any change in the sign, other than name, would require Planning Board approval.

Councilperson Maul entered the meeting at 8:05 PM.

RESOLUTION NO. 185 (03) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:10 p.m.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 186 (03) SHIFFLET SPECIAL USE PERMIT

RESOLVED the Town Board approves the Jimmy C. Shifflet Special Use Permit under the name of Shiff’s Automotive Inc. to operate a motor vehicle service station and auto repair shop at 1910 Route 31 under section 135-86 of the Town Code with the following stipulations:

1. Hours of operation: Monday – Saturday 6 AM – 9 PM
2. Permit to expire December 31, 2003.
3. Contingent upon the closing of the property.

ROLL CALL VOTE: KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 187 (03) CIGARETTE DISPOSAL CONTAINERS

RESOLVED the Board authorizes the Supervisor to purchase appropriate containers for cigarette disposal.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 188 (03) CONSTRUCTION PLAQUE

RESOLVED the Board authorizes the Town Clerk to purchase a construction plaque for the Town Hall/Library and building numbers not to exceed $1,500.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 189 (03) APPROVAL OF MINUTES

RESOLVED that the Board approves the minutes of June 26, 2003 with the following amendment:

RESOLUTION NO. 167 (03) PHEASANT RUN FINAL APPROVAL

1. Installation of the proposed drainage system from Evergreen Hills into the detention pond of the Pheasant Run Subdivision. Town to install improvements from Evergreen to Hance Road. Developer to install road crossing and drainage to the Pheasant Run Pond.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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It was the consensus of the Board not to require a certificate of insurance when reserving the rooms at the TownHall/Library at this time. The Town’s insurance carrier will be consulted.

The Board expressed their appreciation for the hometown service rendered by Yukon Marketing with computer servicing at no charge.

The Board thanked Nick Deming for the fantastic job performed while connecting the computers in the Library.

Supervisor Hammond designates Paul Kenyon as Deputy Supervisor.

Supervisor Hammond informed the Board that the Chase business card was approved in the amount of $20,000.

RESOLUTION NO. 190 (03) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:30 p.m. to discuss litigation.

MOTION BY MAUL, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 191 (03) OPEN SESSION

RESOLVED the Board return to Open Session at 9:55 p.m.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 192 (03) LANDFILL CONSENT ORDER

RESOLVED the Supervisor is authorized to sign the proposed consent order with DEC regarding the Landfill.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT NO. 7-03

CLAIM NOS. 7245 – 7426 Expenditures in the amount of $202,877.35

RESOLUTION NO. 193 (03) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY NAWROCKI, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 10:17 PM.

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Judy W. Gravino, RMC

Town Clerk