RESOLUTION NO

NO. 27 PAGE 1

DECEMBER 9, 2004

A Regular Meeting of the Town Board of the Town of Macedon held December 9, 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: Town Attorney……………..Anthony Villani

Town Clerk………………....Judy Gravino

RESOLUTION NO. 269 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of November 18, 2004 as submitted.

MOTION BY HAMMOND, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 270 (04) CLOSING OF BOOKS

RESOLVED that the Accountant Kim Leonard be authorized to make any necessary adjusting and budgetary journal entries in closing the 2004 fiscal year.

MOTION BY KENYON, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 271 (04) ORGANIZATIONAL MEETING

RESOLVED the Board schedules the Organizational Meeting for January 3, 2005 at 8:00 a.m. to be held at the Town Hall, 32 Main Street.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 272 (04) TOWN BOARD MEETING SCHEDULED 12/29/04

RESOLVED to set a Town Board meeting on December 29, 2004 at 7:30 p.m.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

REPORTS - The Supervisor presented the following:

Macedon Police October Monthly Report

Recreation 2004 Budget Report

RESOLUTION NO. 273 (04) REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY HAMMOND, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

AEROSPACE PARK - Attorney Villani stated that Scott Allen made a decision that the activities at Aerospace Park fell within his definition of a preexisting use. An appeal from Scott is to the Zoning Board. An appeal from the Zoning Board is to Supreme Court. There is a due process requirement in any zoning law that says any validly existing preexisting use shall be allowed to continue. The merits of it cannot be here. The appeal is to the Zoning Board of Appeals.

NO. 27 PAGE 2

DECEMBER 9, 2004

RESOLUTION NO. 274 (04) 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 2005:

A.E.Y. - Daansen Road

Eastern Sand & Gravel - Macedon Center/Daansen Road

Elam Sand & Gravel - Walworth Road

McPherson - Route 350

Morrison Excavating - Barnes Road

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 275 (04) SPECIAL USE PERMITS

RESOLVED upon the recommendation of the Town Engineer that the following Special Use Permits are renewed for the calendar year 2005 and will expire December 31, 2005 and that all prior conditions will be met as required in 2004:

AT&T - 2285 Walworth Road

Alpco Recycling - 846 Macedon Center Road

County Line Raceway - 311 Route 31

Crown Atlantic - Route 31F

Dan's Service Center - 665 Route 31F

Empire Auto Salvage - 2384 Creek Road

Finn's - 337 Route 31

JT's Drive In Car Shop - 688 Frey Road

Macedon Landscaping - 1711 Wayneport Road

Morrison Excavation - 740 Quaker Road

Nichols Gas & Oil - 992 Quaker Road

Pulcini - 2466 Quaker Road

Rochester Aero Modeling Society - 2529 Route 31F

SBA Network Services - 1372 Wilson Road

Shiff's Automotove - 1910 Route 31

Spinners - 280 Route 31

Stillwater Nursery - 1095 Quaker Road

True North Tractor - 2168 Canandaigua Road

Van Houte - 1508 Alderman Road

Waste Management - Wayneport Road

MOTION BY KENYON, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 276 (04) PHILIP STEIGER POST #494 AMERICAN LEGION-

GAMES OF CHANCE - BELL JAR

RESOLVED the Board approves the Games of Chance License for the Philip Steiger Post #494 American Legion to conduct Bell Jar for the period of January 1, 2005 through December 31, 2005.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 277 (04) ASSESSING REVIEW BOARD REAPPOINTMENT -

REGIS

RESOLVED the Town Board reappoint Sue Regis to the position of Assessing Review Board for a term retroactive to October 1, 2004 through September 30, 2009.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 27 PAGE 3

DECEMBER 9, 2004

RESOLUTION NO. 278 (04) WAYNE COUNTY EMPIRE REVISION

APPLICATION

WHEREAS, New York State has created the Empire Zone program to encourage industrial and commercial development in selected areas across the State, and

WHEREAS, Wayne County, as an eligible municipality, received designation of an Empire Zone made up of sub-zones including portions of the Village of Newark

WHEREAS, under the current designation, Wayne County has the ability to amend the Zone boundaries to allow additional acreage, and

WHEREAS, Wayne County intends to revise the Wayne County Empire Zone boundaries to encourage industrial and commercial development and allow for the creation of an additional sub-zero in the Town of Macedon (detailed in attached legal description Schedule B - Town of Macedon - Wayne County 4^th Boundary Amendment), and

WHEREAS, the Town of Macedon is committed to the development of new business within the proposed sub-zone, and

WHEREAS, the Town of Macedon wishes to support and concur with the Empire Zone revision application,

NOW, THEREFORE, be it resolved that the Town of Macedon Board, in its capacity as governing body of the Town of Macedon, does hereby support and concur with the Wayne County Empire Zone revision application.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 279 (04) SMALL CITIES GRANT APPLICATION - O'NEILL

ROAD SANITARY SEWER IMPROVEMENTS

RESOLVED the Town Board authorize the Supervisor to sign the Small Cities Grant Application for funding to install sanitary sewer improvements along O'Neill Road and provide a connection to W. A. Krapf, Inc.

MOTION BY KENYON, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

8:00 PM PUBLIC HEARING - FINN'S LASER WASH

RESOLUTION NO. 280 (04) WAIVE READING OF LEGAL

RESOLVED the Board waives reading of the legal notice published in the Times on November 22, 2004.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Dave Matthews of Matthews Consulting requested a special use permit to allow Finn's Exxon Mobil Car Wash to operate a one bay automatic laser car wash facility in conjunction with the existing service station. The car wash would be open 24 hour a day.

Hearing no public comment the public hearing was closed.

RESOLUTION NO. 281 (04) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:07 p.m.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 27 PAGE 4

DECEMBER 9, 2004

RESOLUTION NO. 282 (04) FINN'S SUP GRANTED

RESOLVED that a Special Use Permit be granted for Finn's Laser Car Wash pending final site plan approval from the Planning Board for the calendar year 2005.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

LOCAL LAWS - Attorney Anthony Villani explained that the Board has been trying to update town code. There are six (6) proposed local laws before the Board.

Local Law 1 - Automatic Alarm Systems - The purpose is to attempt to

reduce the number of false fire and police alarm calls.

Local Law 2 - Solid Waste - Repealing the outright prohibition of landfills. Right

now the ordinance completely prohibits landfills. You cannot have

a blanket prohibition against anything. You cannot zone out but

you can regulate it.

Local Law 3 - Schedule 2 - minimum house sizes are increasing

Local Law 4 - ORM Zoning - allows the solid waste landfill with a special permit

Local Law 5 - Landfill Special Use Requirements - Special use permits that are

being added and adds landfill to the stringent regulations under

special use permitting

Local Law 6 - AR-40 Accessory Uses - added animals and what you cannot do

Councilperson Nawrocki - These reflect what the Zoning Board of Appeals has been consistently approving as far as larger garages, attached garages that are being built on homes today because the code prohibits a garage greater than 800 square feet. The ZBA is consistently approving these. We are trying to cut down on the number of ZBA processes and make our code reflect what the reality is in the town and also what the ZBA is approving.

RESOLUTION NO. 283 (04) PROPOSED LOCAL LAWS 1 - 6 OF 2005 PUBLIC

HEARING SET

RESOLVED that the Town Board set a Public Hearing for January 13, 2005 at 8:00 p.m. on proposed Local Laws 1 - 6 of 2005:

Local Law 1 - 2005 Alarm Systems - Chapter 41

Local Law 2 - 2005 Solid Waste - Chapter 110

Local Law 3 - 2005 Schedule 2 - Chapter 135

Local Law 4 - 2005 ORM Zoning - Chapter 135

Local Law 5 - 2005 Landfill Special Use Requirements - Chapter 135

Local Law 6 - 2005 AR-40 Accessory Uses - Chapter 135

Of the Code of the Town of Macedon and authorize the Town Clerk to advertise

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 284 (04) NYSEG SOLUTIONS ELECTRICITY SUPPLY

SERVICE AGREEMENT

RESOLVED the Town Board authorizes the Supervisor to sign the NYSEG Solutions Electric Supply Service Agreement commencing January 2005 meter read through the December 2006 meter read.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 27 PAGE 5

DECEMBER 9, 2004

RESOLUTION NO. 285 (04) HARV'S HARLEY DAVIDSON APPLICATION FOR

EXPANSION OF A NONCONFORMING USE REFERRED TO PLANNING

RESOLVED the Town Board refers Harv's Harley Davidson's application for an expansion of a nonconforming use to the Planning Board for their recommendations.

MOTION BY KENYON, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The Board agreed to approve the Landfill change order no. 1 at the November 18, 2004 meeting, however, a resolution was not voted on.

RESOLUTION NO. 286 (04) LANDFILL CHANGE ORDER NO. 3

RESOLVED that the Town Board approve Extra Work Authorization No. 3 for CHA Project No. 12285 Landfill Closure Project and be it further

RESOLVED to authorize the Supervisor to sign said change order.

MOTION BY MAUL, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 287 (04) BUDGET ADJUSTMENTS

RESOLVED that the Town Board authorize the following budget adjustments:

A 0510 Estimated Revenues 6000.00

A 2002 Indoor Soccer Revenues 6000.00

A 0960 Appropriations 6000.00

A 7310.400 Recreation Director Contr. 2000.00

A 7313.400 Fee Based Programs 4000.00

To record budget adjustment for increased revenues and expenses for recreation and fee bases programming through November 2004.

MOTION BY MCEWEN, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE - The Supervisor presented the following:

A thank you note and a picture of the Macedon Town Flag that was carried by the Towpath Fife & Drum in the Macy's Day Parade in New York City.
Congratulations from the Landmark Society of Western New York as a recipient of a Landmark Society Award of Merit for the outstanding restoration of the historic Erie Canal structure, the Aldrich Change Bridge.
A letter dated December 3, 2004 from William Toomey, President of Toomey's Construction offering to donate for an indefinite period of time 1000 square feet of office space to house the Police Department in his office building located at 1620 Wayneport Road, Macedon. In addition to the office space he will build out the office space as needed to accommodate their needs at no cost to the town.

RESOLUTION NO. 288 (05) POLICE DEPARTMENT DISSOLUTION

RESOLVED that the Police Department be dissolved according to Section 150 of Town Law and that a town-wide yes or no referendum be held to dissolve the Macedon Police Department.

MOTION BY MCEWEN, SECONDED BY HAMMOND

The Board discussed at great length the issue of the police department housing and the November vote.

Councilperson McEwen was asked to consider tabling or rescinding his motion to allow the board to investigate all housing possibilities.

NO. 27 PAGE 6

DECEMBER 9, 2004

Councilperson McEwen withdrew his motion and Supervisor Hammond seconded it.

Supervisor Hammond and Attorney Villani will meet with Mr. Toomey, look into the school or draw up another resolution for referendum prior to the December 29^th meeting

The Town Clerk reported the following notices:

Town of Perinton - Packard Waymon Subdivision
Town of Walworth - Zoning Map Amendment
Alexandras - Liquor License Renewal
Gaetanos - Liquor License Renewal
Flaherty's - Liquor License Renewal

RESOLUTION NO. 289 (04) EXECUTIVE SESSION

RESOLVED that the Board enter Executive Session at 10:53 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 290 (04) OPEN SESSION

RESOLVED that the Board return to Open Session at 11:48 p.m.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 290 (04) HPM LLC EASEMENT

RESOLVED to authorize the Supervisor to sign the purchase contract for the acquisition of easement from HPM LLC dated 12/7/04.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Claim No. 9931 Expenditure in the amount of $4,480.80

(Paid 11/18/04 per Board approval)

ABSTRACT NO. 12 - 04

Claim Nos. 9932-10101 Expenditures in the amount of $291,611.52

RESOLUTION NO. 291 (04) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 292 (04) NYS ASSOCIATION OF TOWNS SCHOOLING

BE IT RESOLVED to authorize the Town Clerk, Accountant and a Councilperson to attend the NYS Association of Towns Schooling to be held in New York City.

MOTION BY MAUL, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, 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 12:23 PM.

_________________________________

Judy W. Gravino, RMC

Town Clerk