NO. 113 MAY 27,2004 PAGE 1

WEB SITE http://macedontown.net

A Special Presentation of the Town of Macedon Flag began at 7 P. M. at the Town Offices, 32 Main Street in the Village of Macedon. The members of the Flag Committee were present and discussed how they came up with the design for the flag. Supervisor Hammond thanked all the Flag Committee Members for their hard work, Ed Fortuna for all the sketches of the different ideas the committee came up with, and Tom Weeks of Fred’s Flags for making the flag. The flag was then presented to the Town Board by Erin Hammond and was then put up the flagpole for the first time by James Youngman.

Flags may be ordered at the Town Complex.

A Regular Meeting of the Town Board of the Town of Macedon held May 27, 2004 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……... David Maul

Councilperson………David McEwen

Councilperson………Ken Nawrocki

Supervisor………….William Hammond

Also Present: Highway Superintendent..Richard Roets

Town Attorney………Anthony Villani

Town Engineer………Scott Allen

Deputy Town Clerk….Linda Habecker

Supervisor Hammond reminded everyone about the Memorial Day Parade in Macedon Center on Monday, May 31, 2004 at 11 A.M. and encouraged all to attend.

Ora Rothfuss talked about Farmland Preservation, three additional farmers are now interested in selling the development rights for their properties, Charles Kemp, Paul Maier, and Leo Rogers. They collectively own approximately 489 acres of farmland and are active farmers.

RESOLUTION NO. 125 (04) APPRAISAL OF KEMP, MAIER, & ROGERS

PROPERTIES/FARMLAND PRESERVATION

WHEREAS, Charles Kemp, Paul Maier, and Leo Rogers (Landowners) are active farmers in Macedon, who collectively own approximately 489 acres of farmland, and are willing to consider selling the development rights for their properties; and

WHEREAS, in anticipation of the next round of New York State Department of Agriculture and Markets farmland protection request for proposals, having an accurate fair market value for an agricultural conservation easement will help create a more complete grant proposal,

WHEREAS, Wayne County has agreed to pay one-third of this project cost, and

WHEREAS, Wayne County has agreed to pay one-third of this project cost,

WHEREAS, the Landowners have agreed to reimburse the Town and County for their respective portions of this appraisal upon the sale of the development rights as part of a grant proposal,

NO. 113 MAY 27, 2004 PAGE 2

NOW THEREFORE, BE IT RESOLVED, that the Town of Macedon enter into a contractual agreement with Pomeroy Appraisal Associates, 225 West Jefferson St. Syracuse, NY, for the appraisal of the above mentioned Kemp, Maier, and Rogers properties, contingent upon the Landowners, also entering into said agreements, for a cost to the Town not to exceed $1900.00.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Pamela Heald was present, from the Rochester Region of the Horseless Carriage Club of America. The club will be in our area June 21 – 25 and in the Macedon area on June 21^st between 10 A.M. and 12 Noon. They will be going down Wayneport Rd to Macedon Center Rd and back to Fairport . The cars involved in this event are made before January 1, 1916.

DISCUSSION

Attorney Allan Knauf representing Macedon Land Development was present and introduced John Schwalbe from Casella Waste Systems Inc. He discussed with the Board the possibility of using the Landfill on Quaker Road as a recycle operation and in return his company would dig out the landfill, line and put waste back in before capping. He stated they would use the landfill as well as the adjoining land owned by Macedon Land Development.

The Board questioned if DEC would extend an extension on the closure of the landfill and Mr. Schwalbe felt that was a definite possibility. The Board is looking to save the Town money but needs more information. David Maul requested that the Board go into executive session to discuss possible litigation at 8:12 P.M. and returned to open session at 8:15 P.M. Dave Maul stated the reason he requested an executive session is that Macedon Land Development is currently suing the Town for six million dollars and now they want to negotiate, because they see a way to make some money. Allan Knauf, Attorney for Macedon Land Company stated that of course any litigation against the Town would be discontinued if we deal with Casella Waste Systems Inc. on this project. Dave Maul stated that the litigation should have been withdrawn first and then come and talk to the Town. It was the consensus of the Board to sit down with Casella Waste Systems Inc. and ask more detailed questions and get some direction on what benefit the Town may get from this 10 to 20 year project. Dave McEwen offered to be one of the Board that would meet with Casella.

CORRESPONDENCE

Supervisor Hammond read the letter he received from Mayor Hoteling concerning questions he has on the resolution by the Town Board to terminate the Police Contract with the Village of Macedon.

QUESTION 1-Will we continue to receive this same level of "personal touch" service with a town wide police dept?

ANSWER –Yes, we will retain current force and there will be no change with the personal touch. (Ken Nawrocki)

QUESTION 2-When you say "town wide" does that include the village and if so, will it be at the same visibility on Stone St. as in Gananda?

ANSWER-Yes, town wide includes the village and there would be the same tax rate for all residents. The Police station would stay in the village. The police would cover where they need to be-nothing will change. (Ken Nawrocki)

QUESTION 3-Referring back to the "personal touch" by officers who live in this community-Will all of the current police officers be employed in the new police dept? Is it the Town’s intent to merely slide the current staff over into the new town-wide dept?

ANSWER-All police will stay, unless they choose to leave. (Ken Nawrocki)

NO. 113 MAY 27, 2004 PAGE 3

Jim Hoteling asked if the village retains the police department will the village residents still be taxed? Tony Villani, Town Attorney stated that they must have 4 or more officers by General Town Law 150 and General Municipal Law 121A. Fewer than 4 would still mean a town wide tax for all. David Maul stated that by the Town taking over the police department it spreads the burden equally among the taxpayers. Gene Jackson asked if this may go to a referendum to let the people decide? Ken Nawrocki stated it very well could if that is called for.

QUESTION 4- How "deep" is the meaning of "keep the dept. intact?" Does it refer to personnel only or does it include such things as at current salary levels, and same benefits (medical, vacations, personal and sick time, etc?"

ANSWER-The contract will be renegotiated when the time comes. (Ken Nawrocki)

Our intent is to keep our people that are on the force. (Dave Maul)

QUESTION 5-Have you made provisions to sit down with the M.A.P.O. to establish a new union contract for salary purposes for your new budget?

ANSWER-It is not appropriate for the Board to sit down with the M.A.P.O. at this time until the village decides what they are doing about the village police department. They can however meet with the Public Safety Committee and get all the questions on the table. Anthony Villani, (Town Attorney)

Chief John Ellis asked for something in writing from the Board guaranteeing the department their jobs. He stated any lapse in employment could cause a problem with their retirement benefits. David Maul, again assured them that they would all keep their jobs and that stating this in a public forum should be enough. Chief Ellis stated that this is their livelihood and that they were understandably concerned about their jobs. The Board stated again that they will all have their jobs, and will continue to meet with any officers that may have any questions.

CORRESPONDENCE

Letter from Thelma Wideman, concerning the County Mitigation Plan.

Application for grant-Justice Court Assistance Program has been received and was complete. Notification will be on or about October 2004.

Letter from Veronica Plains concerning intersection of Eddy and Wiedrick Roads-this

Problem was addressed at previous board meeting.

REPORTS

Annual Drinking Water Quality Report 2003/Village of Macedon

Building and Zoning Quarterly Reports

RESOLUTION NO. 126 (04) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 127 (04) HIGHWAY SCHOOLING

BE IT RESOLVED the Macedon Town Board authorize Richard Roets, Highway Superintendent, to attend 2004 Highway School in Ithaca, NY from June 7-9. Expenses are not to exceed $500.00 and are to be expensed from account A5010.400.

MOTION BY KENYON, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Richard Roets left the meeting at 8:35P.M.

NO. 113 MAY 27, 2004 PAGE 4

RESOLUTION NO. 128 (04) SUMMER RECREATION CAMP 2004

APPOINTMENTS

RESOLVED the Board appoints the following Summer Recreation Appointments for the 2004 Summer Recreational Camp:

Sally Lynn Breen Assistant Director Arts & Crafts $9.00/hour

Rachel D’Arduini Director $2000/season

Robin Campbell Assistant Director $800/season

Karen Gregor Assistant Director $800/season

Kristin Norsen Hourly Assistant-59 Hours $10/hour

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 129 (04) TEACHER RECOGNITION/ANN BEAUCAGE

BE IT RESOLVED that the Town of Macedon recognize and congratulate Ann Beaucage for her years of dedicated service to her students and the promotion of quality music programs for all residents of the Palmyra Macedon Central School District.

BE IT FURTHER RESOLVED that the Town of Macedon wish Mrs. Beaucage a long and happy retirement.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 130 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of 5/13/04 with the following correction: Resolution 117-Excellence in Equity Recognition Award-Roll Call Vote should read Kenyon Aye.

MOTION BY MAUL, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 131 (04) VOTING MACHINE CUSTODIAN TRAINING

SCHOOL

RESOLVE the Board approve $320.00 to be expensed from A1450.400 to pay for 2 days of Voting Machine Custodian Training School at the Emergency Conference Center in Waterloo, NY on August 5 & 6 for Allen Conroy & Shane Schumann at $160.00 per person.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 132 (04) GREATER ROCHESTER ENTERPRISE

CONTRIBUTION

BE IT RESOLVED that the Town of Macedon contribute $1000.00 to be expensed from B8021.400, to the Greater Rochester Enterprise for the purpose of providing assistance in Economical Development in Wayne County.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The Town of Palmyra is looking for someone to lock the bathrooms at Aqueduct Park every evening. Supervisor Hammond is asking John Gravino if he may be interested.

Supervisor Hammond wanted to thank the Trails Committee for doing such a great job mowing the trails and volunteering their time.

NO. 113 MAY 27, 2004 PAGE 5

RESOLUTION NO. 133 (04) TOWN AUDIT

WHEREAS the Town of Macedon received two (2) quotes for a Town Annual Audit as required by the Single Audit Act of 1984 which requires a town audit for any town who receives over $300,000.00 in federal monies during fiscal year and

WHEREAS the Town of Macedon’s 2004 Budget already included $1500.00 for audit expenses, be it therefore

RESOLVED the Town of Macedon authorizes Raymond Wager, CPA, P.C. to perform the necessary audits at a cost not to exceed $4,975.00 and be it further

RESOLVED that the Macedon Town Board authorizes the following budget adjustments to cover the additional costs required by the Single Audit Act:

A0960 Appropriations $3,475.00

A1990.400 Contingent 3,475.00

A0960 Appropriations (3,475.00)

A1320.400 Acountant (3,475.00)

(The audit is required due to the following federal awards being in excess of $300,000.00 during 2003: Ice Storm/FEMA $ in the amount of $123,794.93 and the amount for the Rogers Farmland Protection Program of $577,807.00)

Raymond F. Wager, CPA,P.C. Regular Audit $4,250.00

Single Audit 725.00

Total $4,975.00

Gray Certified Public Accounting, P.C. $5,600.00

MOTION BY KENYON, SECONDED BY NAWROCKI

(RESOLUTION TABLED SEE NEXT RESOLUTION)

RESOLUTION NO. 134 (04) TOWN AUDIT RESOLUTION NO. 133 (04 ) TABLED

RESOLVE to table Town Audit until further research is done on how intense the audit needs to be.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 135 (04) SEQRA NEGATIVE DECLARATION HILTON

AGRICULTURAL CONSERVATION EASEMENT

NO. 113 MAY 27, 2004 PAGE 6

1. The proposed action is subject to the State Environmental Quality Review Act.
2. The proposed action involves a Federal agency, the United States Department of Agriculture.
3. The proposed action involves other agencies, including the NYS Department of Agriculture and Markets, the Natural Resources Conservation Service, and Wayne County.
4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Unlisted.
5. The Short Form EAF has been prepared by the Town Engineer to determine the significance of the proposed action.
6. The proposed action is not located in a coastal area.
7. The proposed action is located in an agricultural district.
8. An Uncoordinated Review for Unlisted Actions involving more than one agency has been performed, subject to 617.6 (b)(4).
9. More than one agency is involved, and the Macedon Town Board is the lead agent.
10. The Macedon Town Board hereby determines that the proposed action will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.
11. The Macedon Town Board, in reaching its decision to issue a Negative Declaration on this action, acknowledges that other farms within the Town of Macedon are currently in various stages of consideration for similar Agricultural Conservation Easements. The Town Board finds that, due to the nature of the action proposed, even if the cumulative effect of all the Agricultural Conservation Easements were considered simultaneously, this would not affect the issuance of a Negative Declaration.
12. In reaching this finding, the Town Board has:

(a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

(b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

(c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

(d) Set forth its determination of significance in this resolution, in addition to the corresponding short environmental assessment form.

13. In determining significance, the Town Board has determined whether the proposed Unlisted Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

(a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

(b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

NO. 113 MAY 27, 2004 PAGE 7

(c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

(d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

(e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

(f) A major change in the use of either the quantity or type of energy;

(g) The creation of a hazard to human health;

(h) A substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses;

(i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

(j) The creation of material demand for other actions that would result in one or the above consequences;

(k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

(l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

14. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ROUNDTABLE

Downtown revitalization meetings will be held from 7-9 P.M. at the Town Complex Meeting Room on June 17, September 16, October 21, November 18, and December 16.

June 5^th is NYS Trails Day.

Governor going after municipal court fees/wants to take half.

No. 113 MAY 27, 2004 Page 8

The Town is trying to project the budgets for all departments to 2007. Forms were handed out to the Board members.

David Maul informed the Board that the Website address for the Town expires at the end of June and that it is cheaper to renew for longer periods of time. It was the concensus of the Board to go for $76.00 for 3 years. Dave also stated that Kodak is allowing him to print phamplets right now free of charge. He felt this may be an opportunity for Trails of the Bullis Collection to get their printing done.

Dave McEwen told the Board that the humidity sensor in the library will be paid for by the Library Building Fund. He also said that none of the windows in the buildings have thermal breaks. It will cost $2200.00 to fix the windows in the Bullis Room, this will also be taken from the Library Building Fund.

Dave McEwen said that the Macedon Center Fire Department is trying for a grant for their addition. He spoke with Nozzolio and is also going to check with Bob Oaks.

Paul Kenyon informed the Board that the school budget failed and they are putting the budget back up for a vote on June 9^th. However, the library proposition is not allowed to go back up for vote.

Paul Kenyon left the meeting at 9:50 P.M.

Ken Nawrocki presented copier quotes to the Board and a discussion followed.

Scott Allen informed the Board that he did a lot by lot inspection of Shamrock Trailer Park on Monday , May 24^th. He had the Dog Control Officer, the Fire Marshal, and the State Health Department Representative with him. They red tagged 8 trailers and found violations on all but 6 lots. Animal Control ticketed 6 unlicensed dogs. Then they went to 1306 Mary Drive, the house is a foreclosure. They found the basement full of water, floors rotting, windows broken, and waist high grass. They red tagged the house. The mortgage is held by Washington Mutual Bank and the taxes are current. Scott is currently trying to locate someone at the bank to talk to on this matter.

RESOLUTION NO. 136 (04) XEROX COPIER LEASE AGREEMENT

RESOLVE THE Town Board approves the Lease Agreement for the Xerox Workcentre Pro 45H Digital Copier Printer to be expensed from account A1620.400 at a cost as per attached sheet.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY NAWROCKI THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 10:32 P.M.

__________________________________________

Linda Habecker

Deputy Town Clerk