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SEPTEMBER 11, 2003

A regular meeting of the Town Board of Macedon held September 11, 2003 at the Town Office, 32 Main Street, in the Village of Macedon, was called to order by Supervisor William H. Hammond at 7:30 p.m.

Supervisor Hammond requested a moment of silence in remembrance of the September 11, 2001 tragedy.

Pledge of Allegiance

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

Councilperson………………Paul Kenyon

Councilperson………………David Maul

Councilperson………………David McEwen

Councilperson………………Ken Nawrocki

Supervisor…………………..William Hammond

Also present:

Attorney…………………….Anthony Villani

Highway Superintendent……Richard Roets

Town Clerk………………….Judy Gravino

RESOLUTION NO. 234 (03) APPROVAL OF MINUTES

RESOLVED the board approves the minutes of August 28, 2003 with the following correction:

RESOLUTION NO. 231 (03) roll call vote was:

KENYON AYE, MAUL AYE, MC EWEN AYE, NAWROCKI ABSENT

HAMMOND AYE MOTION CARRIED

MOTION BY KENYON, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSTAIN, HAMMOND AYE MOTION CARRIED

REPORTS - The Supervisor presented the following:

Macedon Police Monthly Report - August 2003

RESOLUTION NO. 235 (03) APPROVAL OF REPORTS

RESOLVED the reports submitted be accepted.

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The Budget Workshop will be held October 4, 2003 at 7:00 a.m. at the Town Complex. The public is welcome.

RESOLUTION NO. 236 (03) PARTY REPRESENTATIVE RESIGNATION - CLARK

RESOLVED the Board accepts the resignation of the Democrat Party Representative, Elmer Clark due to relocation.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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SEPTEMBER 11, 2003

WEB SITE http://macedontown.net

RESOLUTION NO. 237 (03) ELECTION APPOINTMENTS FOR NOVEMBER 4,

2003

RESOLVED the Board appoints the following:

Democrat Custodian Ken Hammond $60/machine

Republican Custodian Richard Baker $60/machine

Democrat Party Rep Lucille Hamlin $25/election

Republican Party Rep MaryAnn Conroy $25/election

(Appointments are necessary due to:

Elmer Clark, Democrat Party Rep moved out of town
Jim Forshay, Republican Custodian is on the ballot and can not work when on the ballot
Richard Baker, Republican Party Rep will fill in for Jim Forshay this year only and then return to the Republican Party Rep position
Party Representatives were recommended by Party Chairman Persons)

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE - The Supervisor presented the following correspondence:

A benefit ball will be held Friday, October 3, 2003. All admission proceeds will go to the Aldrich Change Bridge Project.
After consulting with their financial advisors, Ora G. Rothfuss Jr. and Joanne M. Rothfuss have decided not to participate in the Town of Macedon Agricultural Conservation Easement Program.

Over the weekend the Library had their bike rack stolen and we believe someone urinated in the book drop. Anyone that knows anything is asked to report it to the police.

Councilperson Kenyon asked the Board to consider proposals for color digital cameras for the exterior of the buildings and highway. It was the consensus to allow the Supervisor to look into.

Supervisor Hammond is working with Concord Electric on the lighting issue in the Library.

Due to budget restraints this year, the Highway Superintendent has withdrawn his request for a salt shed. He will repair what he currently is using.

Councilperson McEwen stated that the humidity equipment in the Bullis Room is operating correctly. The humidity readers are not correct.

The Aldrich Change Bridge was put in place on Tuesday. Supervisor Hammond suggested Councilperson Nawrocki contact the insurance company.

RESOLUTION NO. 238 (03) HIGHWAY SUPERINTENDENT SCHOOLING

RESOLVED the Town Board authorizes Richard Roets to attend the NYS conference for Highway Superintendents from September 23-26, 2003, cost not to exceed $600 to be expensed from DA5010.4.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 239 (03) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 7:51 p.m. to discuss a particular personnel matter.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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RESOLTUION NO. 240 (03) RETURN TO OPEN SESSION

RESOLVED the Board return to Open Session at 7:58 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

8:00 PM - PUBLIC HEARING - EXTENSION #4 TO SEWER DISTRICT #1

(LAKER-MACEDON FORD EXT.)

RESOLUTION NO. 241 (03) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice of Extension #4 to Sewer District #1 (Laker-Macedon Ford Ext.) as published in the September 1, 2003 issue of the Times.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Kim Thompson, FRA Engineering appeared before the Board to request a sewer district extension that would include CVS and Macedon Ford.

Mark Henning, 1171 Route 31 - Confirmed with the Board that this would be an extension of the existing sewer district to allow them to construct and install.

All persons desiring to be heard having been heard the public hearing was closed.

RESOLUTION NO. 242 (03) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing is closed at 8:05 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 243 (03) SEWER DISTRICT NO. 1, EXTENSION NO. 4

(LAKER & MACEDON FORD)

WHEREAS, a written petition dated July 28, 2003 signed and acknowledged by Baker Avenue Development, LLC and Sherburne Properties, LLC and others, has been presented to and filed with the Town Board of the Town of Macedon requesting the Extension #4 to Sewer District No. 1 in said Town, as more particularly described in said petition and as annexed hereto: and

WHEREAS, a notice calling a public hearing on the petition was duly and regularly published in the Times, the official newspaper of the Town, and also posted as required by law, and

WHEREAS, a public hearing having taken place at the Town Hall, 32 Main Street in the Town of Macedon, on September 11, 2003, at 8:00 p.m., prevailing time, and the petitioners having appeared in support of said application and proof having been presented concerning the same, and no objection or protest having been made to the proposed extension, and

WHEREAS, the Town Board has given due deliberation to the hearing and the testimony and allegations presented and has determined to grant the request of said petition, and

WHEREAS, the map and plan has been approved by the Town Engineer and filed with the Town Clerk, as required by law,

NOW, on motion by Supervisor Hammond, seconded by Councilman Nawrocki, all members present voting therefor, it is

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FOUND, ORDERED AND DETERMINED that the said petition, dated July 28, 2003 for Extension #4 to Macedon Sewer District No. 1 in the Town of Macedon, New York, is signed, approved and acknowledged, as required by law, and is otherwise sufficient and complies with the provisions of Section 191 of the Town Law; and that there is annexed to said petition a map and plan showing the boundaries of the proposed Extension #4 to Macedon Sewer District No. 1, and it is

FOUND, ORDERED AND DETERMINED by the Town Board of the Town of Macedon, that it is in the public interest to grand the relief sought by said petition, and that all of the property, property owners and interested persons within the proposed extension benefited are included therein, and that no property or property owners of interested persons benefited thereby have been excluded therefrom, and it is

ORDERED that the petition for Extension #4 to Macedon Sewer District No. 1 as described in said petition, map and plan, be granted and that the boundaries of said extension as hereby established shall be as described in "Schedule A" hereto attached, said approval being contingent on the following terms and conditions:

The petitioner, Laker Development Corporation, shall complete all remaining items of construction set forth in the plan and specifications for the construction of the sewer lines in Extension #4 to Sewer District No. 1 or should the said Laker Development Corporation elect not to complete these items within 90 days from the date of the adoption of this resolution, the Town shall do this work and charge the cost back to the users within the district.
The petitioner, Laker Development Corporation, shall be responsible for the costs of inspection of the construction of the facilities to be constructed in the proposed extension by the Town Engineer, according to an inspection schedule to be determined by the Town Engineer.
All such sewers and easements therefore servicing properties within Extension #4 to Sewer District No. 1 shall be dedicated to the Town, and it is further

ORDERED that the sanitary sewer facilities to be constructed by the Petitioner shall not be accepted for dedication by the Town nor shall any sewer connections be allowed unless and until all of the above conditions are met.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

A discussion of Farmland Preservation followed:

Originally Pomeroy Associates submitted appraisals based on certain criteria. This criteria looked at the parcel as a whole. The federal government changed the method and required the appraisal view the land being parceled out in smaller parcels, which raised the value. The first three or four farms used the old method. The new method takes into consideration that the farmer could sell their land off in 10-acre blocks rather than in one entire unit. This raises the appraisal.

Supervisor Hammond read the declination of participation from Mr. Rothfuss in the farmland protection. The current contract with the state included the Rogers, Rothfuss, Stanton and Hilton farms. The federal government changed the way they required the appraisals to be performed. The first appraisal, completed prior to the revised standards, generated an easement value on the Rogers farm of $601,000. The state approved this amount. All resolutions and budgets approved by this board assumed a purchase price of $601,000. With the deletion of Mr. Rothfuss, there is more money within this grant. Town Attorney Villani contacted the Department of Agriculture and Markets to inquire if the money could be allocated to the remaining farms under the new appraisal standards that exceed the prior grant award instead of the money just going back to the government. The new appraisal for the Rogers farm is $736,000. The Department of Agriculture and

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Markets encouraged the Town to submit a revised budget showing a revised purchase price of $736,000. This amount may or may not be approved. The value of the conservation easement appraisal, done in accordance with the federal regulations, is $736,000. With the expenses, the total project cost is $770,410. The state government will pay 75%. The applicant is requesting $577,807 opposed to the original amount of $495,000. The federal stays the same. If the new budget is approved the landowner will contribute $23,719. If it is not approved, the landowner contribution will be $135,000. The Town's position is that they will participate in this, but will not use taxpayer's funds for it.

RESOLUTION NO. 244 (03) ROGERS FARMLAND PRESERVATION - REVISED

BUDGET

RESOLVED that the Town Board approves the revised budget based on an appraised value of $736,000 and be it further

RESOLVED to authorize the Supervisor to submit a revised standard voucher for the State portion of that funding based on the revised budget and be it further

RESOLVED to authorize the Town Accountant to wire proceeds of these grants to the attorney trust account for purposes of closing.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN ABSTAIN,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 245 (03) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:53 p.m.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 246 (03) OPEN SESSION

RESOLVED the Board return to Open Session at 9:53 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT NO. 9-03

CLAIM NUMBERS 7633-7768 Expenditures in the amount of $152,858.36

RESOLUTION NO. 247 (03) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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

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Judy W. Gravino, RMC

Macedon Town Clerk