NO.22 OCTOBER 13, 2005 PAGE 1

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held October 13, 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

Councilperson………...Dave McEwen

Supervisor…………….William Hammond

Also Present:

Hwy.Superintendent…..Richard Roets

Town Engineer………..Scott Allen

Deputy Town Clerk…...Linda Habecker

Attorney……………….Anthony Villani

Eric Chapman and Paul Hirliman spoke on behalf of Pal-Mac Youth Baseball, requesting possible use of the Quaker Road reclaimed gravel pit for baseball fields. There is currently a shortage of baseball fields and limits the growth of the baseball program. The Quaker Road location is centrally located with ample room for fields and parking. The first step would be to put in a 90’ diamond for the Senior League , an acess road and limited parking. Richard Roets, Highway Superintendent, stated that DEC has not released the property yet but that should happen shortly. The land is perfect for recreational use, can not be used for building. The Board was in agreement that this was a good use of the land but would like the Recreation Department to come to a Board Meeting with Pal-Mac Youth Baseball and discuss further. The Board requested that they bring a sketch of the field plan.

RESOLUTION NO. 279 (05) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of September 22, 2005 as presented.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 280 (05) APPROVAL OF REPORTS (POLICE & BLD ZONING)

RESOLVED the Board approves the reports as submitted.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 281 (05) FEDERAL EQUITABLE SHARING AGREEMENT

RESOLVED the Town Board authorizes the Chief of Police and Supervisor to sign the Federal Equitable Sharing Agreement.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 22 OCTOBER 13, 2005 PAGE 2

RESOLUTION NO. 282 (05) BUDGET ADJUSTMENTS

RESOLVED the Macedon Town Board authorize the following budget adjustments:

A 0510 Estimated Revenues $800.00

A 2001-2 Macedon Summer Recreation 800.00

A 0960 Appropriations 450.00

A 8510.400 Trails/Canals/Beautification 450.00

A 0960 Appropriations 1250.00

A 7312.400 Recreation-Summer Rec. 800.00

A 8510.200 Trails/Canals/Beautification 450.00

To record budget adjustments for increased revenues & expenses in Summer Rec. Program and purchase of a trimmer/blade for the canals/trails program.

B 0510 Estimated Revenues 6042.56

B 2115 Planning Board Fees 6042.56

B 0960 Appropriations 6042.56

B 8020.400 Planning Board Expenses 6042.56

To record billings to Jos. Lu Engineering for services provided for Parkwood and Home Leasing – engineering services.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 283 (05) LANDFILL CLOSURE STATE ASSISTANCE

CONTRACT RESOLUTION

RESOLUTION AUTHORIZING execution of Contract No. C302660 for State assistance for landfill closure pursuant to Environmental Conservation Law, Article 54, Non-Hazardous Municipal Landfill Closure Projects.

WHEREAS, the Town of Macedon

herein called the "Municipality" has hereby determined that certain work, as described in the state assistance contract and any amendments thereof, herein called the "Project", is desirable and in the public interest; and

WHEREAS, Article 54, Title 5 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 enter into said written agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE MACEDON TOWN BOARD

1.That William Hammond, Supervisor is directed and authorized as the official representative to act in connection with any agreement 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 and Hazardous Materials, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7250, together with the executed contract; and

3. That this Resolution take effect immediately.

MOTION BY MCEWEN, SECONDED BY MAUL ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 22 OCTOBER 13, 2005 PAGE 3

PUBLIC HEARINGS

Macedon Center Fire Association – Thursday October 27, 2005 @ 7:35 P.M.

Village of Macedon Fire & Ambulance-Thursday-October 27, 2005 @ 7:50 P.M.

Preliminary Town Budget-Thursday-October 27, 2005 @ 8:20 P.M.

ROUNDTABLE

Dick Roets stated that the Highway Dept. would be paving back section of Parkwood Heights and Pheasant Run in the next week.

David Maul stated that a resident requested a four way stop at the intersection of Magog and Erie Street Road.

RESOLUTION NO. 284 (05) MAGOG/ERIE ST.RD.FOUR WAY STOP REQUEST

Board authorizes the Town Clerk to file forms necessary with county to request four way stop at Magog Road and Erie Street Road intersection.

MOTION BY MCEWEN, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Macedon Community Revitalization Partnership "MacDuck"Derby at Lock #30, Saturday, November 12, 2005 from noon to 3:30 P.M.

Stuart Brown/New York State Tree Planting Grant

Wayne County Soil & Water Conservation District/Rural Community Project (Street Trees) $1,000 cash grant.

Letters from landowners-conservation easements-Geldorfs,Kemp,Kobey, Toomey

E-Mail from Bill Moore concerning library matters.

RESOLUTION NO. 285 (05) COUNTY DEPT. REPORTS FROM ATTORNEY

RESOLVE the Board accept the reports as submitted by the Town Attorney, concerning several Wayne County Departments, per request from the Town Board .

MOTION BY MAUL, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 286 (05) COUNTY DEPARTMENT REPORTS

RESOLVE the Town Board make the documents available to the public without waving privilege.

MOTION BY MAUL, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 22 OCTOBER 13, 2005 PAGE 4

RESOLUTION NO. 287 (05) WAYNE COUNTY HEALTH CARE PLAN TRUST/

FINANCIAL AUDIT REQUEST BY TOWN

WHEREAS, the Supervisor of the Town of Macedon has received an unofficial copy of the Annual Report for the Wayne County Health Care Plan Trust for the fiscal year ended December 31^st, 2004

AND WHEREAS, this report as submitted shows a loss for 2004 of Seventy Thousand Dollars and a negative fund balance of One Million One Hundred Eighty Seven Thousand Two Hundred Fifty Four Dollars,

BE IT THEREFORE RESOLVED, that the Town Board respectfully request a financial audit or review of the Wayne County Health Care Plan Trust by a competent external authority.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 288 (05) WITHDRAWAL FROM WAYNE COUNTY HEALTH

CARE PLAN TRUST

WHEREAS, the Wayne County Health Trust, as evidenced by the fiscal year 2004 Annual Report, has been shown to be essentially heading toward insolvency, and

WHEREAS, repeated attempts to secure terms of separation from said Trust have gone unanswered, and

WHEREAS, it is the obligation of the Town Board to see to the adequate protection of its employees and its own financial security,

THEREFORE BE IT RESOLVED that the Supervisor be directed to notify the Wayne County Health Trust of the Town’s intention to withdraw from the Trust effective 12/31/2005, and

BE IT FURTHER RESOLVED, that the Supervisor be directed to begin the appropriate preparation for replacement insurance.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Ken Nawrocki stated that he was very disappointed that someone would E-Mail one of the Town’s employee’s with some derogatory remarks. If there is a problem or question about an employee, he hoped that the people would come to the Supervisor with their complaints or comments.

Bill Hammond had a company come to the Town Hall and see what would be needed to install a generator. The recommendation was that each building would need a generator. The Town Hall would have a turnkey installation costing between $5,000 and $6,000. The Library would need additional wiring and a natural gas hook up costing between $10,000 and $12,000.

RESOLUTION NO. 289 (05) GLENWOOD SETTLEMENT

RESOLVE Town Board accepts settlement on assessment lawsuit with Glenwood, per discussion with Town Attorney.

MOTION BY NAWROCKI, SECONDED BY HAMMOND

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 22 OCTOBER 13, 2005 PAGE 5

RESOLUTION NO. 290 (05) MEADOWVIEW SETTLEMENT

RESOLVE Town Board accepts settlement on assessment lawsuit with Meadowview,per discussion with Town Attorney.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT NO. 115-05

CLAIM NOS. 11588 –11811 Expenditures in the amount of $246,615.79

RESOLUTION NO. 291 (05) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 292 EXECUTIVE SESSION

RESOLVED the Board entered into Executive Session at 9:16 P.M. to discuss possible litigation.

MOTION BY MAUL, SECONDED BY HAMMOND

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 293 (05) RETURN TO OPEN SESSION

RESOLVED the Board return to open session at 10:11 P.M.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY MAUL, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED. The meeting adjourned at 10:16 P.M.

____________________________________

Llinda Habecker, Deputy Town Clerk