NO. 17 PAGE 1

JULY 28, 2005

A Regular Meeting of the Town Board of the Town of Macedon held July 28, 2005 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.

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

Also Present: Highway Superintendent….Richard Roets

Town Attorney………………Anthony Villani

RESOLVED the Board approves the minutes of July 14, 2005 as presented.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

REPORTS - The Supervisor presented the following:

Macedon Police June Report

RESOLVED the Board approves the reports as submitted.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board schedules a Public Hearing on August 11, 2005 at 8:00 p.m. to hear public comment on proposed Local Law No. 8 Amending the zoning map of the Town of Macedon to rezone 41.10 acres of land located on the west side of South Wayneport Road, south of Carlson Lane from R-30 to R-22 (Waterford Custom Homes, Peter Fabio).

MOTION BY MAUL, SECONDED BY MC EWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board approves the updated Zoning Map prepared by Clough Harbour and further authorizes the Town Clerk to certify the map as of July 28, 2005.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 17 PAGE 1

JULY 28, 2005

RESOLVED the Town Board approves the following amendment to the Fee Schedule:

5.) Zoning Change - Application $500

Plus legal fees and advertisement, includes requests for amendments

To zoning and/or non-conforming uses and expansions thereto.

Modification costs to the Zoning Map will be the responsibility of the

applicant.

Engineering Review Fee $180

Public Hearing Sign Fee $25

Zoning Map Update (paid upon approval of parcel rezoning) $150

At the recommendation of the Town Engineer and authorization of the Town

Board, outside professional engineering, planning and/or legal services may

be contracted to assist the Town in its review of the application. The project

applicant shall be responsible for reimbursement of all fees relative to the

application submitted.

55) Zoning Map $7.50

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board approves the Clough Harbour proposal (CHA Proposal No.: 13800) dated July 25, 2005 to perform engineering review of the High Acres Landfill Expansion to be expensed from A1440.400 and further authorizes the Supervisor to sign said proposal and the Town Accountant be authorized to make any necessary budget adjustments with monies paid by Waste Management.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board approves the Clough Harbour proposal (CHA Project #14254) dated July 13, 2005 to perform GIS Mapping & Sewer System Evaluation for the Town of Macedon to be expensed from A1440.400 and further authorizes the Supervisor to sign said proposal and the Town Accountant be authorized to make any necessary budget adjustments.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 17 PAGE 3

JULY 28, 2005

RESOLVED the Town Board approves the Clark Patterson Assoc. proposal dated July 11, 2005 for conceptual design and generation of design documents for the Town Hall and Library relating to ice formation issues not to exceed $5,000 to be expensed from A1440.400 and further authorizes the Supervisor to sign said proposal and the Town Accountant be authorized to make any necessary budget adjustments.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board amends the Pond Road Dedication Resolution No. 142 (05) to read as follows:

Based on the recommendation of Highway Superintendent Roets, Building

Inspector and Town Engineer Allen and Town Attorney Villani the Town

Board accepts dedication of Pond Road upon payment by the applicant of

the associated fees of $757 and receipt of papers necessary for

recordation.

And note that the fees have been received.

MOTION BY MAUL, SECONDED BY MC EWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board authorizes the Pheasant Run Letter of Credit Release No. 9 in the amount of $30,603.60 as recommended by the Town Engineer.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board authorizes the Town Assessor to attend the following schooling to be expensed from A1355.400:

1. NYS Assessor Assoc. Conference to be held September 12-14, 2005 to be

held in Rochester not to exceed $300 and

2. Appraisal Institute Seminar to be held September 19, 2005 to be held in Amherst not to exceed $250.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 17 PAGE 4

JULY 28, 2005

BE IT RESOLVED the Board appoints Mary Beth Braman as School Crossing Guard for the Macedon Elementary School at an annual salary of $5,200 (salary based on similar duties performed by Gananda School Crossing Guard - B3121.100) and be it further

RESOLVED the Town Accountant is authorized to do the following budget adjustments:

A0960 appropriations $1,750

A1990.400 contingency $1,750

A0960 appropriations $1,750

A3121.100 crossing guard (Macedon Elem.) $1,750

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

WHEREAS the Town Board has received a petition containing 27 signatures requesting a reduced speed limit on Alderman Road/County Road 28 beginning at Route 31 south to the county line be it

RESOLVED that the Town Board authorizes the Town Clerk to submit a TE 9 to NYS DOT requesting said speed reduction.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board waives reading of the legal notice published in the July 11, 2005 issue of the Times.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Todd Kaplin of Todd's Towing requested the Town Board consider a Special Use Permit to allow him to operate a towing business at 1797 Canandaigua Road in the Town of Macedon. Mr. Kaplin plans to use the house as his personal residence and would operate his business out of the barn. Business traffic would occur from 8 a.m. until 5 p.m. However, the business would be open 24 hours a day, 7 days a week. Four (4) trucks would be stored in the building. Towed vehicles would not be stored on site. The Town Board received a positive referral from the Planning Board with several concerns and a negative referral from the Wayne County Planning Board.

The following individuals spoke against the Special Use Permit:

Ken Henning, 1690 Canandaigua Road

Barbara Tiberio, 1614 Canandaigua Road

Bill Henning, 1712 Canandaigua Road

Thomas DeRenzo, 1790 & 1792 Canandaigua Road

George Gerken, 1727 Canandaigua Road

John Knapp, 1571 Canandaigua Road

Dan Hegarty, 1726 Canandaigua Road

Jim Beckenbach, 79 Main Street

The Supervisor read letters from Peter Wiles, Midlakes Erie, Ltd. and Sandy Pagano voicing their opposition.

NO. 17 PAGE 5

JULY 28, 2005

RESOLVED the Public Hearing be closed at 8:43 PM.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

BE IT RESOLVED the Town Board denies the Special Use Permit application dated May 6, 2005 at the Weisschadel property located at 1797 Canandaigua Road, applicant Todd Kaplin.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Bill Henning discussed eminent domain with the Town Board.

The Wayne County Fiscal Analysis Team's Fiscal Report was made available to the public.

Jim Christmas voiced his concerns regarding Pinewood Mobile Home Park. The Town Engineer is continuing to working on it.

A discussion followed on Police car replacement.

Highway Superintendent will give the Town Board a tour of the highways prior to the next Town Board meeting on August 11, 2005 at 6:00 p.m. Any interested residents are welcome to joint the tour.

The farmland grant application deadline will be announced shortly. The Town Board will request Ora Rothfuss to submit a current farmland map showing what has been designated farmland so far. There are three (3) farmers interested in the next submission.

RESOLVED the Board enters Executive Session at 10:17 p.m. to discuss litigation.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board returns to Open Session at 11:31 p.m.

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 NAWROCKI THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:33 PM.

_______________________________

Judy W. Gravino, RMC

Macedon Town Clerk