NO. 22 PAGE 1

OCTOBER 23, 2003

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held October 23, 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………………Paul Kenyon

Councilperson………………Ken Nawrocki

Also Present: Highway Superintendent…..Richard Roets

Town Accountant…………..Kim Leonard

Town Engineer……………..Scott Allen

Town Clerk………………....Judy Gravino

REPORTS - The Supervisor presented the following:

Macedon Police Monthly Report - September 2003

RESOLUTION NO. 280 (03) APPROVAL OF REPORTS

RESOLVED the reports be accepted as presented.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE - The Supervisor presented the following:

1. The Supervisor was pleased to announce that the Town of Macedon has been awarded a grant from the Justice Court Assistance Program in the amount of $1,100 for computer related equipment.
2. A letter from Meredith Lanzone voicing her concern about the intersection at Canandaigua Road and Quaker Road.
3. The State of New York Public Service Commission is soliciting comments regarding an application of Rochester Gas and Electric Corporation for a Certificate of Environmental Compatibility and public need for the construction of the "Rochester Transmission Project," Approximately 38 miles of 115 kilovolt transmission lines in multiple municipalities of Monroe and Wayne Counties - petition for declaratory ruling that the Commission has jurisdiction over the proposed project as a major utility transmission facility.
4. The New York State Department of Transportation is reviewing the passing zones on Route 350 at O'Neill and Barns Roads.
5. Town Attorney Anthony Villani responded to the paid political advertisement in a letter dated 10/17/03. There are no conflicts of interest with the agricultural easements. He states that he knows of no legal or ethical basis for the claims and confirms his prior advice.

7:35 PUBLIC HEARING – MACEDON CENTER VOLUNTEER FIREMEN’S

The proposed contract for the Macedon Center Volunteer Firemen’s Association authorizes $127,941 for the year 2004.

NO. 22 PAGE 2

OCTOBER 23, 2003

WEB SITE http://macedontown.net

RESOLUTION NO. 281 (03) LEGAL NOTICE WAIVED

RESOLVED that reading of the legal notice published in the October 13, 2003 issue of the Times be waived.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Macedon Center Volunteer Firemen applied for money through the Town from FEMA for volunteer hours during the ice storm and obtained $16,440. Due to their volunteer status the money has to come to the Town. This amount will be applied to the Macedon Center Fire District at a rate of approximately $4,000/year to lower the tax rate for that fire district. The Town appreciates their efforts. This year it will allow the Town to reduce the tax from $.65 to $.62/1000. Highway Superintendent Roets also thanked them for all their work.

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

RESOLUTION NO. 282 (03) PUBLIC HEARING CLOSED

RESOLVED that the Public Hearing be closed at 7:38 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. 283 (03) MACEDON CENTER FIRE CONTRACT APPROVED

RESOLVED that the Board does approve the fire protection agreement with Macedon Center Volunteer Firemen’s Association Inc. in the amount of $127,941 for the calendar year 2004.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Anthony Sapienza approached the Board regarding a family and youth entertainment center at 1136 Route 31 (the old Bell's Store). Teen dances would be held for grades 9-12 from 8 p.m.-12 a.m. on Friday and 8 p.m.-12 a.m. on Saturday. Sunday afternoon dances would be held for grades 6-8. Only area high schools and middle schools would be given membership such as pal-Mac, Gananda, Victor, Canandaigua and Fairport if they can legally limit membership. Food and video games would be available during activities. The facility would be available to area communities and schools for special dances, promotions, fundraisers and other activities. Security would consist of in-house, school coaches and a licensed professional security company. There will not be any general advertisement.

7:50 PM PUBLIC HEARING – VILLAGE OF MACEDON FIRE & AMBULANCE

The proposed contract for the Village of Macedon Fire & Ambulance Contract authorizes $75,977 for fire protection and $47,189 for ambulance service for a total of $123,166 for the year 2004.

RESOLUTION NO. 284 (03) READING OF THE LEGAL NOTICE WAIVED

RESOLVED that reading of the legal notice published in the October 13, 2003 issue of the Times be waived.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 22 PAGE 3

OCTOBER 23, 2003

WEB SITE http://macedontown.net

Earl Hinkson, 634 Frey Road - Inquired about the special district tax for ambulance. The special district ambulance tax will continue as long as the Macedon Ambulance Service is available. The tax is up because the service costs are up and the growth in terms of the number of households the debt tax is spread over within the district. Mr. Hinkson feels it should be available 24 hours a day.

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

RESOLUTION NO. 285 (03) PUBLIC HEARING CLOSED

RESOLVED that the Public Hearing be closed at 7:55 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. 286 (03) VILLAGE OF MACEDON FIRE & AMBULANCE

RESOLVED that the Town Board agrees to pay the sum of $75,977 for fire protection and the sum of $47,189 for ambulance to the Village of Macedon, which includes coverage town wide by ambulance and fire protection for the Macedon Fire Protection District for a total of $123,166 for the calendar year 2004.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The Town Board is grateful that the Macedon Fire Department successfully applied and secured a grant. The result was the opportunity to reduce their budget request to the Town, which helped the Town Board significantly with meeting their objective in terms of the overall budget.

RESOLUTION NO. 287 (03) SAPIENZA REQUEST FOR SUP REFERRED TO THE

PLANNING BOARD

RESOLVED the Board refers the Anthony Sapienza request to operate a Family and Youth Entertainment Center at 1136 Route 31 to the Planning Board for their comments and recommendations.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

8:00 PUBLIC HEARING - ERIC HYNES, COUNTY LINE RACEWAY RT 31

RESOLUTION NO. 288 (03) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the October 6,

2003 issue of the Times.

MOTION BY NAWROCKI, SECONDED BY MC EWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Eric Hynes came before the Board requesting a modification to a Special Use Permit to expand the existing County Line Raceway located at 311 Pittsford-Palmyra Road. The second track is proposed west of the existing facility. A 4.104-acre parcel on the West Side of the existing parcel was acquired from Robert Murphy.

Frank Enos, 2330 Cornwall Drive - for the additional revenue and feels it is a clean

operation

Dave Dandino, 1347 Victor Road - felt it would be good for the community

Tom Cooman - inquired about entrances - The existing entrance will be utilized without change.

NO. 22 PAGE 4

OCTOBER 23, 2003

WEB SITE http://macedontown.net

The Planning Board gave it a positive referral.

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

RESOLUTION NO. 289 (03) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:04 p.m.

MOTION BY HAMMOND, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 290 (03) ERIC HYNES, COUNTY LINE RACEWAY RT 31 -

EXPANSION OF SPECIAL USE PERMIT

RESOLVED the Eric Hynes, County Line Raceway located on Route 31, request for an expansion of a special use permit be approved subject to Planning Board recommendations in their minutes of September 22, 2003 being met and that the said permit will expire December 31, 2003.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 291 (03) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of October 9, 2003 with the following correction:

The correct spelling for the Treasurer of the Pal-Mac Middle School

Student Council is John Wightman.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 292 (03) SURPLUS ITEMS (RESOLUTION NO. 269 (03)

AMENDED

RESOLVED the Board amends the surplus list to include marble from the old town hall.

MOTION BY KENYON, SECONDED BY MC EWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Viewing for the items will be October 31, 2003 from 2-5 p.m. at the Highway Department on O'Neill Road.

NYSEG met with Highway Superintendent Roets and has agreed to set two (2) guide rails at their expense on Quaker Road to cover polls they installed.

Supervisor Hammond attended a Public Safety Committee meeting that addressed mutual aid ambulance calls. There is a shortage of volunteers. The volunteers suggested that we may need to hire part-time paid people in the future. A volunteer fire and ambulance can not bill for services performed. If you are an ambulance corp. there is a way of organizing so that you can bill for services from an insurance company. A gentleman last night stated that we as taxpayer pay for ambulance service through our taxes. We are also paying for it through our medical insurance. We need to find a way to tap that medical insurance policy to help pay for the cost of these ambulances, which in turn could pay for part-time or full-time employees when ALS and volunteers are not available. The volunteers would have first choice of hours that they could provide service. The other hours would be covered by paid people. This is becoming a serious situation. Dave Arnold stated that there was a countywide ALS unit that responds to a lot of the ALS calls during the day. During the day is the hardest time to cover. Basically Palmyra covers during the day. The training requirement for volunteers involves many months of training.

NO. 22 PAGE 5

OCTOBER 23, 2003

WEB SITE http://macedontown.net

8:45 PM PUBLIC HEARING – 2004 BUDGET

RESOLUTION NO. 293 (03) READING OF THE LEGAL NOTICE WAIVED

RESOLVED the reading of the legal notice published in the October 14, 2002 issue of the Times be waived.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Councilpersons Dave Maul and Ken Nawrocki gave a detailed presentation on the proposed budget. A copy of the presentation is attached. The Macedon Town Board is not questioning the need for an additional officer but whether the Town residents would be willing to pay the additional expense and/or can afford it.

The following individuals spoke for or against an additional Police Officer:

Jim Finn, 581 Lexington Drive - Asked about reserve funds

Dave Dandino, 1347 Victor Road - commended the Board on all the work done on the

Hugh Crowley, 17 Stone Street - for

Tom Frey, 2 Drumlin Drive - for

Frank Enos, 2330 Cornwall - for

Hank Burdick, 1045 Lawrence Road - for

Chief Ellis - read a letter from Wayne County Sheriff

Tom Littlefield, Canandaigua Road - for and felt the Town should control

Charlie Holvey, 1016 Mayflower - for

Jim Finn, Rt. 31 business owner - for

Jim Forshay, 33 Drumlin Drive - Felt this should be a collective effort between the Village and Town Boards. Additional costs need to be considered.

Supervisor Hammond read the following letters received by mail:

Dan & Noella Landry, 1547 Wilson Road - against

Jim Beckenbach, Creek Road - for

Scott & Sara Parsons, 1238 Wilson Road - for

Al & Jane Johnson, 1146 Victor Road - against

Suzanne Norman, 2870 West Walworth Road - against

Wayne Nichols, 922 Route 31F - against

Supervisor Hammond read a letter to Sheriff Richard Pisciotti regarding response time for outside police agencies.

Officer Farabell - for

Discussion followed on why the Police Department should become a town-wide cost when the portion the Town pays is currently at 75% and it has been suggested to increase to 82%. There are additional costs. This year it is $8.00. Three years from now we will be borrowing money to close the landfill. We may need a new police car and police facility. Mayor Hoteling stated that the Village is looking into a facility near the fire department. They currently have $86,000. The decision that the Town Board makes affects the Village residents as well. That is why it needs to be a joint decision.

The following individuals spoke for the increased Library funds:

Library Trustee Chuck Jefferson - The Library requested a 5% increase over the 2003 figures. This increase reflects the expected increase in expenses, health insurance, NYS Retirement, general materials, etc. This does not include an increase in salaries. Salaries will be discussed by the Library Board of Trustees at their November meeting.

Bill Moore, 306 Macedon Center Road

NO. 22 PAGE 6

OCTOBER 23, 2003

WEB SITE http://macedontown.net

Katie Reed, 1485 Woodsview Way

All persons desiring to be heard, having been heard the meeting was closed.

RESOLUTION NO. 294 (03) PUBLIC HEARING CLOSED

RESOLVED that the Public Hearing be closed at 11:21 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Ora Rothfuss III, Wayne County Ag Development Specialist asked the Board to participate in a grant application for a cluster development enhancement project feasibility study. The request for proposal is due November 7, 2003.

RESOLUTION NO. 295 (03) CLUSTER DEVELOPMENT FEASIBILITY STUDY

RESOLVED the Town agrees to participate with the Towns of Walworth & Ontario and the County of Wayne in applying for a grant to the Genesee Transportation Council to study the feasibility of cluster development at a cost not to exceed $1,000.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 296 (03) BUDGET – 2004

RESOLVED that the Preliminary Budget for the year 2004 be adopted with the following changes:

SF1 1001 $123,831 -$4,110 Taxes

SF1 0599 4,110 + 4,110 Appr. Fund Balance

A 3820 2,807 -118 State Aid - Youth

A 1110.200 2,350 -1,150 Court - Equipment

A 7410.400 112,052 + 3,735 Library Contr.

A 9010.800 42,410 + 2,268 Retirement

A 0599 49,971 + 4,971 Appr. Fund Balance

B 1001 133,893 +10,557 Taxes

B 1990.400 36,567 +26,567 Contingent

B 0599 100,236 +16,236 Appr. Fund Balance

B 9010.800 7,708 +226 Retirement

DA 9010.800 23,749 +967 Retirement

DA 0599 190,967 +967 Appr. Fund Balance

DB 9010.8 23,749 +967 Retirement

DB 0599 10,967 +967 Appr. Fund Balance

SD 9010.800 5,036 +91 Retirement

SD 0599 91 +91 Appr. Fund Balance

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 297 (03) NICOLETTA CHANGE ORDER 7 & 8

RESOLVED that the Town Board authorize Change Orders No. 7 and 8 for Nicoletta Builders as per attached and to acknowledge these will be the final changes for said contractor.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 22 PAGE 7

OCTOBER 23, 2003

WEB SITE http://macedontown.net

RESOLUTION NO. 298 (03) BUDGET ADJUSTMENTS

RESOLVED that the Town Board authorizes the following budget adjustments as presented by the Town Accountant as reconciled through 9/30/2003 as per the explanations listed under each adjustment:

DR. CR.

HA 0960 APPROPRIATIONS 3989.00

HA 1990.401 CONTINGENCY 3989.00

HA 0960 APPROPRIATIONS 3989.00

HA 1621.293 NICOLETTA CONTRACT 3989.00

TO RECORD BUDGET ADJUSTMENT NECESSARY FOR ADDITIONAL CHANGE ORDER #7 AND #8 FOR NICOLETTA BUILDERS AS ATTACHED.

A 0510 ESTIMATED REVENUES 8100.00

A 2391 GANANDA CSD – UTILITIES 6800.00

A 2544 DOG LICENSES 1300.00

A 0960 APPROPRIATIONS 13152.73

A 1990.400 CONTINGENT ACCOUNT 13152.73

A 0960 APPROPRIATIONS 21252.73

A 1440.400 ENGINEERING TOWNWIDE 1000.00

A 3510.400 DOG CONTROL – CONTR. 1300.00

A 5132.400 HIGHWAY GARAGE – CONTR. 18952.73

TO RECORD BUDGET ADJ. NECESSARY FOR ADD’L. EXPENSES INCURRED FOR DOG CONTROL, HIGHWAY GARAGE EXPENSES AND NYSDEC ENGINEERING FINE FOR LANDFILL CONSENT ORDER.

DA 0510 ESTIMATED REVENUES 55000.00

DA 4960 FEDERAL AID – ICE STORM 55000.00

DA 0960 APPROPRIATIONS 55000.00

DA 5142.401 ICE STORM EXPENSES 55000.00

TO RECORD BUDGET ADJ. NECESSARY FOR ICE STORM EXPENSES WHICH WILL BE COVERED BY FEMA – STATE AND FEDERAL MONIES.

MOTION BY KENYON, SECONDED BY MAUL

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 1:13 AM.

___________________________________

Judy W. Gravino, RMC

Town Clerk