NO. 15 PAGE 1

JUNE 23, 2005

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held June 23, 2005 at the Town Offices, 32 Main Street in the Village of Macedon, was called to order by Supervisor William 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……….Ken Nawrocki

Supervisor…………...William Hammond

Absent: Councilperson……….Dave McEwen

Attorney………………Anthony Villani

Also Present:

Deputy Town Clerk…Linda Habecker

Hwy Superintendent..Richard Roets

Town Engineer………Scott Allen

Sharon Celantano, from the Macedon Garden Club informed the Board that she would like to plant day lilies around the Birch tree between the two Town buildings. They still have $100.00 that was earmarked for plantings from last year. Sharon also informed the Board that the red oak that was planted at Bullis Park last year is dead, but there should be a one-year warranty on the tree.

Beth Greer-Leva spoke on the current status of the steps they are working on to build a community center in Macedon. They are currently working with an attorney from Rochester (pro bono). The organization that they are forming will be called Citizens for Community Wellness Inc., by separating themselves from the municipality they will be eligible for more grants. They are in the process of securing a CPA, to become tax exempt. They are also looking at land options in the Village and outside. Letters have been sent to Legislators, looking for grants and support. They have also spoken with the Bullis representative and they are willing to do a matching grant for $200,000.00 for the Bullis Foundation.

Paul Kenyon requested that the committee stay in touch with the Board by using the Town Board e-mail for updates on progress.

RESOLUTION NO. 197 (05) PARKS AND RECREATION FEES

BE RESOLVED that the Macedon Town Board clarifies the intent of the Parks and Recreation Fee to be used to benefit the public (in its interest) to include, permanent park improvements or expansion, and to include but not limited to major equipment purchases and land purchases. Requests dispensed from the account TE7110.200 or TE7110.400 must have Town Board approval.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

PUBLIC COMMENT

Tom Littlefield - Chairman of the Board of Assessment Review spoke on the new assessor, Sandy Broughton. He feels she is doing a tremendous job. She met with people before going to Assessment Review Board and resolved many issues. The Board had 250 cases the previous year, this year only 8 or 9. He also stated that many problems that were in litigation previously are now resolved.

 

 

NO. 15 JUNE 23, 2005 PAGE 2

Jim Beckenbach also on the Assessment Review Board stated that Sandy is a real professional and the Town should hire her on permanently.

Craig Bailey, Pinewood Trailer Park, stated that he has lived in Pinewood Trailer Park since 1988 and since new owner has taken over the park living conditions are terrible. There is raw sewage coming up from the ground, the roads are bad, and vacant trailers are not taken care of. He said that Scott Allen is doing a good job trying to work on the problems but he felt he needed to speak directly to the Board on the situation.

RESOLUTION NO. 198 (05) DEC /SEQR LEAD AGENCY/WASTE MGMT

RESOLVED the Macedon Town Board has no objection to the New York State

Department of Environmental Conservation assuming Lead Agency for Waste Management of New York, LLC Parkway Expansion Phase III and for conducting a coordinated review.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 199 (05) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of June 9, 2005 with the following corrections:

Resolution No. 183 (05) approves the minutes of May 26, 2005.

Page 3: David Maul said that the Town Board/Town Engineer has been slowly making changes to the NCD requirements…

Page 4: David Maul stated that the Town Board was trying to improve this situation…

Page 4: It was noted by the Board that this project (Symbolic) has received a positive referral from the Town Board and County Planning Board.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 200 (05) APPROVAL OF REPORTS (POLICE)

RESOLVED the Board approves the reports as submitted.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 201 (05) KAPLIN (TODD'S TOWING) SUP PUBLIC

HEARING

RESOLVED the Town Board schedules a Public Hearing on the Kaplin (Todd's Towing) request for a Special Use Permit to operate a towing business at 1797 Canandaigua Road to be held July 23, 2005 at 8:00 p.m.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 202 (05) SNOW & ICE 2004/05 CONTRACT AMENDMENT

"B" - FUEL ADJUSTMENT & CONTRACT OVERAGES

RESOLVED the Board approves the 2004/05 Snow & Ice Contract Amendment "B" Fuel Adjustment and Contract Overages as recommended by the Highway Superintendent and authorizes the Supervisor to sign said contract.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Attorney Anthony Villani entered meeting at 8:25 P.M.

 

NO. 15 JUNE 23, 2005 PAGE 3

 

RESOLUTION NO. 203 (05) SYMBOLIC, INC SPECIAL USE PERMIT

WHEREAS a Public Hearing was held on June 9, 2005 for the purposes of considering the Special Use Permit Application from Symbolic, Inc. to operate an athletic training facility to be used by Volley FX Girls Volleyball Club at Izzo Golf, Inc., 1635 Macedon Commons Parkway and

WHEREAS notice was posted and published in the Times on May 30, 2005 and

WHEREAS the Town Board has received a positive referral from the Macedon and Wayne County Planing Boards

BE IT RESOLVED the Special Use Permit be issued subject to any conditions placed upon it by the Planning Board.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 204 (05) FARMLAND PRESERVATION – NRCS COOPERATIVE AGREEMENT – FEDERAL FUNDS

WHEREAS, the Town of Macedon’s application for enrollment in the Farm and Ranch Lands Protection Program (FRPP) for 2005 has been selected for federal funds for the following farms:

Leo Rogers Farm - $61,924

Paul & Susan Maier - $29,674

BE IT RESOLVED the Board approves the Cooperative Agreement between the Town of Macedon and NRCS and authorizes the Supervisor to sign said agreement contingent upon the Town Attorney’s approval.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED.

RESOLUTION NO. 205 (05) MACEDON POLICE CLERK’S WAGES

RESOLVED that Sally Robinson be appointed Part-time Clerk for the Macedon Police Department at the rate of $17,225.00 per year.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 206 (05) TRAFFIC SPEED AWARENESS TRAILER BIDS

RESOLVED the Town of Macedon will be receiving a donation from Waste Management of New York for the purchase of a Traffic Speed Awareness Trailer for the Macedon Police Department. It is anticipated that the purchase will be over $10,000.00,

THEREFORE BE IT RESOLVED, that the Board request the Town Clerk to advertise for sealed bids if required.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Gail Ellsworth, 3025 Canandaigua Road asked if this donation was a conflict of interest since the Board was currently involved with Waste Management’s proposed expansion.

David Maul stated that this certainly would not sway his vote one way or the other. This trailer was Waste Management’s answer to complaints about truck traffic in Macedon.

 

 

NO. 15 JUNE 23, 2005 PAGE 4

Bill Hammond stated that we won’t need to use police officers to monitor traffic speed, and it will give information on where enforcement action is needed.

Scott Allen added this is a computerized trailer that records speed, time and number of vehicles.

Tony Villani, Attorney for Macedon, reported to the Board that the County Solid Waste Authority spent about three-quarter of a million dollars on lawyer fees for a planned project between 1986 – 1988, however the project never happened. The authority incurred the debt, however, Wayne County has been paying that debt down for many years. It was noted that Wayne County has been subsidizing the Solid Waste Authority and the Macedon Town Board questions why Wayne County should be responsible for this department. Tony will continue to investigate and get the matter out on the floor.

RESOLUTION NO. 207 (05) LITIGATION/WAYNE COUNTY BOARD OF

SUPERVISORS

RESOLVE the Macedon Town Attorney commence litigation in the name of the Town to challenge constitutionally the make up of the Wayne County Board of Supervisors.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Supervisor Hammond informed the Board that he found a 1975 Onin Generator that the Ontario Midland Railroad was selling. It was originally in fire hall, ran once a week to exercise for one hour. Seems to be to the specs of what the Town is looking for. Ken Nawrocki said to find out if this generator can be upgraded or maintain a control system. It was the consensus of the Board for Bill to go look at it and take a Concord representative with him.

Bill Hammond stated that the canal signs for underground wires are ready to put in. Highway Department is installing.

Bill Hammond received a letter from the Village inquiring about annexing parts of two properties from the Town to the Village.

Dave Maul – Not Interested

Ken Nawrocki – Not Interested

Bill Hammond – Not Interested

Paul Kenyon – Had stepped out of the meeting

ROUNDTABLE

David Maul asked how Zoning regulation changes are coming. Scott Allen said he will put together. Dave also stated that the Assessor’s term is up at the end of July. We need to set up interviews on the applications that the Town has. Bill Hammond & David Maul will do the interviews.

Richard Roets said grass seed will go down on Monday at the Quaker Road site. He also said that Bill Hammond has donated his time, equipment, and seed for the project.

Town Clerk reports that Sharman Properties Inc., The Crooked Pines Golf Club, 1148 Wayneport Road has made an application to renew their liquor license.

Ken Nawrocki has been working with insurance company to update coverage of Police vehicles.

 

NO. 15 JUNE 23, 2005 PAGE 5

CORRESPONDENCE

DEC Letter – congratulating the Town on the successful application to receive municipal landfill closure funding for the Town of Macedon Sanitary Landfill, up to $1,650,000.00.

2005 Erie Canal Bike Trek, coming trough Macedon, Tuesday, July 12, 2005.

Bishop Sheen Housing Foundation – subsidizes mortgages for home ownership opportunities for Gananda – Bill asked them to come to a Board Meeting to explain program.

Constellation Energy ribbon cutting ceremony Friday, June 24, 2005, 11AM to 1 PM

Clough Harbor & Assoc.- Macedon Police Dept. radio antenna position certification.

RESOLUTION NO. 208 (05) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:35 P.M. to discuss personnel.

MOTION BY HAMMOND, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 209 (09) RETURN TO OPEN SESSION

RESOLVED the Board returns to open session at 10:35 P.M.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY MAUL, SECONDED BY NAWROCKI THAT THE MEETING BE ADJOURNED. The meeting adjourned at 10:40 P.M.

 

 

 

 

 

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Linda Habecker, Deputy Town Clerk