NO. 24 PAGE 1

DECEMBER 11, 2003

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held December 11, 2003 at the Town Offices, 32 Main Street, in the Village of Macedon, was called to order by Deputy Supervisor Paul W. Kenyon at 7:30 p.m.

Pledge of Allegiance

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

Councilperson………………Paul Kenyon

Councilperson………………David McEwen

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

Also Present: Town Engineer……………..Scott Allen

Town Clerk………………....Judy Gravino

Supervisor Hammond is attending a meeting at the County tonight.

REPORTS - The Deputy Supervisor presented the following:

Police November 2003 Monthly Report

RESOLUTION NO. 316 (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,

RESOLUTION NO. 317 (03) ORGANIZATIONAL MEETING

RESOLVED the Board schedules the Organizational Meeting for January 2, 2004 at 8:00 AM to be held at the Town Hall, 32 Main Street.

MOTION BY NAWROCK, SECONDED BY MC EWEN

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

RESOLUTION NO. 318 (03) ASSESSING REVIEW BOARD REAPPOINTMENT

RESOLVED the Board reappoints Richard Krocke effective retroactive to October 1, 2003 to the position of Assessing Review Board Member with a term to expire September 30, 2008 at an annual salary of $412.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

RESOLUTION NO. 319 (03) O'GRADY PERMIT FEE REFUND

RESOLVED the Town Board authorizes the refund the building permit fee of $25.00 to Eugene O'Grady, 1240 Westview Circle due to his decision not to install a fence.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

RESOLUTION NO. 320 (03) TODD'S TOWING SUP PUBLIC HEARING SET

RESOLVED the Town Board schedule a public hearing on January 8, 2004 at 8:00 p.m. to hear public comment on the Todd Kaplin Special Use Permit Application for a proposed towing operation.

MOTION BY NAWROCKI, SECONDED BY MC EWEN

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

NO. 24 PAGE 2

DECEMBER 11, 2003

Town Attorney Anthony Villani entered the meeting at 7:43 p.m.

RESOLUTION NO. 321 (03) SPECIAL USE PERMIT RENEWALS

RESOLVED upon the recommendation of the Town Engineer that the following Special Use Permits are renewed for the calendar year 2004 and will expire December 31, 2004 and that all-prior conditions will be met as required in 2003:

SPECIAL USE PERMIT RENEWALS

AT&T - Walworth Road – Regeneration Station

Alpco – Recycling, Inc. – 846 Macedon Center Road

County Line Raceway – 311 Rt. 31

Empire Auto Salvage, LLC – 2384 Creek Road

Harlan Hilton - 2887 Walworth Road

JT-s Drive-in Car Shop – 688 Frey Road

Macedon Landscaping, Inc. – 1711 N. Wayneport Road

Morrison Excavating, Inc. – 740 Quaker Road

Nichols Gas & Oil, Inc. – 922 Rt. 31F

W. Pulcini, Inc. – 2466 Quaker Road

Rochester Aero Modeling Society – 2529 Macedon Center Road

SBA, Inc. – Wilson Road – Cell Tower

Shiff's Automotive, Inc. - 1910 Route 31

Spinner’s Family Skating Center – 280 Rt. 31

Stillwater Nursery – 1095 Quaker Road

True North Tractor – 2168 Canandaigua Road

Gerald VanHoute – 1508 Alderman Road

Waste Management - 425 Perinton Parkway

MOTION BY NAWROCKI, SECONDED BY MC EWEN

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

RESOLUTION NO. 322 (03) DAN'S SERVICE CENTER SPECIAL USE PERMIT

RESOLVED upon the recommendation of the Town Engineer that Dan's Service Center Special Use Permit be renewed for six (6) months to expire June 30, 2004 subject to all prior conditions being met as required in 2003 in addition to:

A letter that will be sent by the Town Engineer listing items that need to be

addressed.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

Discussion followed on real property tax exemption for persons sixty-five (65) years of age or older. The Board requested information on the impact of raising the sliding scale. Dave Maul will follow-up with Donna Komor, Assessor.

RESOLUTION NO. 323 (03) MINING PERMIT RENEWALS

RESOLVED the Board approves the following Mining Permits subject to any and all requirements deemed necessary by the Town Engineer and shall expire December 31, 2004:

SPEZIO - REGIONAL SAND & GRAVEL –WALWORTH ROAD

MC PHERSON MINING OPERATION - RT. 350

EASTERN SAND & GRAVEL - WALWORTH/MACEDON CTR. RD.

PULCINI – QUAKER ROAD

YOUNG MINING PERMIT – AEY ENT. – DAANSEN

MOTION BY MAUL, SECONDED BY MC EWEN

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

NO. 24 PAGE 3

DECEMBER 11, 2003

RESOLUTION NO. 324 (03) LIBRARY BOARD TRUSTEE ADVERTISEMENT

WHEREAS the Macedon Public Library Trustees have requested to increase their Board of Trustees from seven to nine members as their by-laws allow

BE IT RESOLVED that the Town Board authorizes the Town Clerk to advertise for said positions.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

RESOLUTION NO. 325 (03) LAKER DEVELOPMENT REZONING

RESOLVED the Town Board declares itself lead agent for the Laker Development rezoning request at the northeast corner of Route 31 and Wayneport Road from ORM to GC consisting of 35.0 acres and hereby refers the matter to the Planning Board for their review and comments.

MOTION BY NAWROCKI, SECONDED BY MC EWEN

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

RESOLUTION NO. 326 (03) CLOSING OF BOOKS

RESOLVED that the Accountant Kim Leonard be authorized to make any necessary adjusting and budgetary journal entries in closing the 2003 fiscal year.

MOTION BY MAUL, SECONDED BY MC EWEN

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

RESOLUTION NO. 327 (03) TRANSFERS & ADJUSTMENTS

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

A 0510 EST. REV. 6,930.69

A 2705 GIFTS/DONATIONS 6,930.69

A 0960 APPROP. 6,930.69

A 7310.400 REC. DIRECTOR CONTR. 1,980.69

A 7312.400 SUMMER REC. PROGRAM CONTR. 2,450.00

A 7313.400 FEE BASED PROGRAMS 2,500.00

TO RECORD BUDGET ADJ. FOR RECREATION – INCREASE IN OVERALL BUDGET DUE TO GIFTS/DONATIONS FOR NEWSLETTER & PROGRAMS.

DB 0510 EST. REV. 26,132.00

DB 2393 PAL-MAC SCHOOL DRIVEWAY 26,132.00

DB 0960 APPROPR. 26,132.00

DB 5110.201 PAL-MAC SCHOOL DRIVEWAY 26,132.00

TO RECORD BUDGET ADJ. TO ACCOUNT FOR EXPENSES INCURRED WITH

THE CONSTRUCTION OF THE PAL-MAC SCHOOL DRIVEWAY TO ROUTE 31.

MOTION BY MAUL, SECONDED BY MC EWEN

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

Councilperson Maul reported that the Zoning Board of Appeals upheld the decision of the Code Enforcement Officer/Town Engineer Scott Allen to deny David Morrison's request for a Special Use Permit to resume his junkyard at the corner of Canandaigua & Quaker Road.

NO. 24 PAGE 4

DECEMBER 11, 2003

RESOLUTION NO. 328 (03) MORRISON APPLICATION FEE REFUND

MOTION to refund David Morrison's application fee of $20 in light of the applicant's failure to submit appropriate application.

MOTION BY MAUL, SECONDED BY KENYON

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

8:30 PM - PUBLIC HEARING - SAPIENZA SPECIAL USE PERMIT

RESOLUTION NO. 329 (03) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives the reading of the public hearing notice published in the November 24, 2003 issue of the Times.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

Anthony Sapienza requested a Special Use Permit to operate a family and youth entertainment center at 1136 Route 31. The days of operation will be Monday - Sunday. No alcohol will be permitted. Finger foods will be available. The membership will be private for Wayne County School System Students with proper school ID in grades 6-12. Indoor soccer will be offered and dances with a disc jockey. The building will be available to the community for fundraising, birthday parties and special events. Mr. Sapienza will not be advertising. Depending on the traffic volume two routes were discussed. Security will be positioned throughout the parking lot.

The following individuals spoke for or against the proposal:

Frank Enos - Spoke in favor of the proposal

Kyle Vokes, 1366 Victor Road - Was concerned about the base problem with the last

establishment. Mr. Sapienza will provide the neighbors with his personal cell

phone number. He will submit a report from a sound engineer.

Kathy Short, 1457 Camborn Dr. - Spoke in favor of the proposal

Lorie Maul, 1348 Victor Road - Submitted a letter in favor of the proposal

RESOLUTION NO. 330 (03) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 9:07 p.m.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

RESOLUTION NO. 331 (03) SAPIENZA SPECIAL USE PERMIT

RESOLVED the Board approves the Sapienza Special Use Permit to allow a Family and Youth Entertainment Center at 1136 Route 31 (formerly Breen's Market/Hoo-Ha's/Discount Golf) to expire December 31. 2004 subject to:

1. the applicant's submission of a report from a sound engineer demonstrating

compliance with the Town Noise Ordinance prior to the C of O

2. hours of operation to be Sunday - Thursday closing no later than 11:00 p.m.

Friday - Saturday closing no later than 1:00 a.m.

3. appropriate security
4. traffic mitigation

The applicant states, and the Town agrees, that this facility will be alcohol free.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NO. 24 PAGE 5

DECEMBER 11, 2003

RESOLUTION NO. 332 (03) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of November 13, 2003 as presented.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

RESOLUTION NO. 333 (03) LANDFILL CLOSURE STATE ASSISTANCE APPLICATION

WHEREAS, the Town of Macedon herein called the "Municipality" has hereby determined that certain work, as described in the State assistance application and any amendments thereof, herein called the "Project," is desirable and in the public interest; and

WHEREAS, Title 5 of Article 54 and Title 4 of Article 56 of the Environmental Conservation Law authorized State assistance payments to municipalities for closure of municipal landfills by means of a written agreement and the Municipality deems it to be

In the public interest and benefit under this law to apply therewith;

NOW, THEREFORE, BE IT RESOLVED BY the Town Board

1. That William H. Hammond, Town Supervisor is directed and authorized as the official representative to act in connection with any application between the Municipality and the State, and to provide such additional information as may be required;
2. That one (1) certified copy of this Resolution be prepared and sent to the Director, Division of Solid & Hazardous Materials, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7250, together with the application; and
3. That this Resolution take effect immediately.

MOTION BY KENYON, SECONDED BY MC EWEN

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

Supervisor Hammond entered the meeting at 9:25 p.m.

Mr. Dave Reed, Palmyra-Macedon Rotary presented a proposal to erect a street clock as part of their 100^th anniversary. They would raise funds in conjunction with other groups in the community. The clock would be dedicated in May or June of 2005 with a plaque that would mention the Rotary. The Town would be obligated to provide the labor.

RESOLUTION NO. 334 (03) ROTARY CLOCK PROPOSAL

The Town Board gratefully accepts the gift of a clock and recognizes the ongoing commitment of Rotary to the community and that the Town accepts the responsibility of the installation of the clock and ongoing maintenance.

MOTION BY KENYON, SECONDED BY MC EWEN

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

ABSTRACT NO. 12-03

Claim Nos. 8123-8253 Expenditures in the amount of $159,018.27

RESOLUTION NO. 335 (03) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NO. 24 PAGE 6

DECEMBER 11, 2003

RESOLUTION NO. 336 (03) KEMP PROPERTY CONDEMNATION

RESOLVED to authorize the Town Attorney to commence condemnation proceedings for approximately five (5) acres for the Kemp property as shown on the Clough Harbour map dated July 2003.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

RESOLUTION NO. 337 (03) STANTON AG EASEMENT NEG DEC

RESOLVED to negative dec on the Stanton Agricultural Easement.

MOTION BY NAWROCK, SECONDED BY KENYON

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

RESOLUTION NO. 338 (03) MC EWEN SCHOOLING

RESOLVED the Town Board authorizes David McEwen to attend the Newly Elected Schooling to be held in Rochester in January.

MOTION BY MAUL, SECONDED BY KENYON

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

MOTION BY HAMMOND, SECONDED BY KENYON THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:28 PM.

______________________________ Judy W. Gravino, RMC

Macedon Town Clerk