NO. 24 PAGE 1
DECEMBER
11, 2008
WEB
SITE http://macedontown.net
A Regular Meeting of the Town
Board of the Town of Macedon held December 11, 2008 at the Town Offices, 32
Main Street in the Village of Macedon, was called to order by Supervisor
William Hammond 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……….Cassandra Pagano
Supervisor…………...William Hammond
Absent: Councilperson……….David McEwen
Also Present: Code Enforcement…..Michael Nelson
Highway Supt………...Richard Roets
Town Attorney……..…Anthony Villani
Town Clerk …………...Judy Gravino
RESOLUTION NO. 258 (08)
APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of November 13, 2008 as presented.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
REPORTS – The Supervisor presented the following reports:
Ambulance – November/08
Police – November/08
RESOLVED the Board approves the reports as submitted.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board approves the 2010/2011 State Snow and Ice Agreement, Contract No. D009827, to include the increased lane mileage of 33.70 and whereas said agreement is for a period of three (3) years
BE IT RESOLVED that the Agreement be extended to expire June 30, 2011 and authorizes the Supervisor to sign said agreement.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
NO. 24 PAGE 2
DECEMBER 11, 2008
RESOLVED the Town Board awards the bids for the Shared Service Municipal Grant, opened November 20, 2008 at the Town of Palmyra (lead agency) as follows:
Altec Industries – Altec AT37-G 2009 Ford F-550 Chassis Aerial Bucket Truck and options - $92,383
Joe Johnson Equipment, Rochester – Elgin Whirlwind 2009 Anissan Chassis Vacuum Sweeper/Catch Basin Cleaner complete with options - $197,594
AND BE IT FURTHER RESOLVED upon delivery the Town of Macedon will be required to pay the initial cost of 1/3 cost of the Aerial Bucket Truck and ¼ cost of the Vacuum Street Sweeper to the Town of Palmyra
AND BE IT FURTHER RESOLVED the Town of Palmyra will pay vendors and submit paperwork to the Department of State for reimbursement per the Shared Service Municipal Incentive Agreement for 90% of the cost and refund the Town of Macedon our initial share less the 10% local match.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board authorize the bond anticipation note in the amount of $650,000 dated December 18, 2008 maturing December 18, 2009 bearing the interest rate of 2.74% per annum with HSBC and authorize the Supervisor to execute all related documents.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the
Macedon Town Board authorize the budget adjustments listed below for amendments
through 11/30/2008:
A 0510 Estimated Revenues 168,269.78
A 1640 Ambulance Charges 146,972.55
A 2003 Recreation Fees 2,522.25
A 4612 Federal Seizure $ 18,774.98
A 0960 Appropriations
26,600.00
A 1990.400 Contingent Account
26,600.00
A 0960 Appropriations 194,869.78
A 1355.100 Assessor-Salary 10,000.00
A 1420.400 Attorney 10,000.00
A 1660.400 Central Storeroom 5,000.00
A 3310.400 Traffic Control 1,600.00
A 4540.400 Ambulance – Contr. 146,972.55
A 7313.100 Recreation – Salary 2,522.25
AF 3120.400 Federal Seizure $ 18,774.98
To record budget
adjustments for retiring of an Assessor and Clerk and the hiring and training
of a new Assessor and Clerk, additional Attorney Fees, Postage for Assessor
Update expensed thru Central Storeroom, unanticipated increases in traffic
signs and amount needed to replace, ambulance expenses incurred, recreation run
thru salary instead of contractual and federal seizure money being spent.
NO. 24 PAGE 3
DECEMBER 11, 2008
B 0510 Estimated Revenues 2,490.16
B 2110 Zoning Fees 1,637.16
B 2770 Misc. Revenue 853.00
B 0960 Appropriations 2,490.16
B 8020.400 Planning Board – Contr. 1,637.16
B 9010.800 Retirement
853.00
To record budget
adjustments for overages not budgeted for Planning Board and NYS Retirement
Annual Billing.
DA 0960 Appropriations 3,619.82
DA 5130.100 Machinery – Salary 3,619.82
DA 0960 Appropriations 3,619.82
DA 5130.20 Machinery – Equip. 3,619.82
To record budget
adjustments for add’l. expenses incurred under equip., offset by salary line
item.
DB 0510 Estimated Revenues 18,143.19
DB 3501 CHIPS $ 18,143.19
DB 0960 Appropriations
5,000.00
DB 9010.800 Retirement
5,000.00
DB 0960 Appropriations 23,143.19
DB 5110.400 General Repairs 5,000.00
DB 5112.200 CHIPS – Expenses 18,143.19
To record budget
adjustments for add’l. road repairs offset by revenues and the decrease in the
actual annual retirement billing due for Highway DB.
SD 0960 Appropriations 431.00
SD 8540.400 Drainage – Contr. 431.00
SD 0960 Appropriations 431.00
SD 9010.800 Retirement 431.00
To record budget
adjustments for increases in annual retirement billing for the special drainage
district.
SS1 0510 Estimated Revenues 2,600.00
SS1 2120 Sewer Rents 2,600.00
SS1 0960 Appropriations 2,600.00
SS1 8120.400 Village – Sewer Collection 2,600.00
To record
increase in number of sewer users and the amount to turn over to the Village.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
Dave Dandino
addressed the Board regarding the accusations made at the last board
meeting. He was not aware a special use
permit was required for his seasonal deer processing. Mike Nelson, Code Enforcement Officer stated he researched this
with Susan Bush and Scott Allen and could not find any regulations for deer
processing. Mr. Dandino is working with
the Town regarding his signs.
NO. 24 PAGE 4
DECEMBER 11, 2008
Supervisor Hammond
read a memo dated December 11, 2008 from Scott Allen, Town Engineer regarding
his recommendations on the mining permit renewals.
RESOLUTION 264 (08)
MINING PERMIT RENEWALS
RESOLVED the Board approve the following Mining Permits subject to any and all requirements deemed necessary by the Town Engineer and shall expire December 31 2009:
AEY – Daansen Road – special condition – not to exceed 1000
tons per year removal.
Eastern Sand & Gravel – Macedon Center Road
Eastern Sand & Gravel – Walworth Road
McPherson , Donald – Rt 350
Morrison Excavating – Barnes Road - special condition – not to
exceed 1000 tons per year removal.
Pulcini, Walter – Quaker Road
Smith, Greg – Walworth Road
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
Art Elting voiced his opposition to the renewal of the VanHout Special Use Permit at 1508 Alderman Road. His concerns included start time, increased personnel, increased vehicles operating from the property, noise, dust and dirt. He felt it was a non-permitted use in an AR district that grew up on a small business pretense. It is not a natural business in AR40.
Stan Daskiewich opposed the Morrison Special Use Permit at 2062 Magog Road. Original permit conditions were not being adhered to. There has been storage of topsoil and gravel on the property. Several occasions he has been seen loading and removing from the property to take to the job site. Mr. Morrison was given until 7/10 to complete the landscaping. The weeds are taller than the trees. He is piling pallets and bales now.
Mike Wadsworth was against the VanHout SUP renewal. At the time the SUP was issued Mr. Wadsworth was in favor of the small business operation. The business has grown and needs to relocate on commercial land. He feels it has outgrown the SUP and needs to move it where it belongs. A sunshine on the permit would be a good thing.
Gerry VanHoute stated that his number of employees has gone down and has increased his vehicles by one truck. He does own some additional equipment personally. They generate nothing at the property. The 5 foot trees did not get planted until the Spring. The agreed upon start time was 7 a.m. His employees show up at 7 a.m., load and leave for the day. Mr. VanHoute owns enough land to build an even larger building.
Supervisor Hammond advised that even without the business Mr. VanHoute could operate as a farm as is. The barn and trucks could stay. The barn could triple. Mr. Hammond said he could see both sides.
NO. 24 PAGE 5
DECEMBER 11, 2008
RESOLVED upon the recommendation of the Town Engineer that the following Special Use Permits are renewed for the calendar year 2009 and will expire December 31, 2009 and that all prior conditions will be met as required in 2008:
AT&T – 2285 Walworth Road
Alpco Recycling – 846 Macedon Center Road (Route 31F)
County Line Raceway – 311 Route 31
Crown Castle Atlantic – 1820 Macedon Center Road
Empire Auto Salvage – 2384 Creek Road
Graf, Mark – 2075 Macedon Center Road
JT’s Drive-In Car Shop – 688 Frey Road
Macedon AutoworX – 665 Route 31F
Macedon Landscaping – 1711 Wayneport Road
Morrison Excavation – 740 Quaker Road
Prime Time Services – 1241 Route 31
Pulcini, Walter – 2461 Quaker Road
Rochester Aero Modeling – 2529 Macedon Center Road
SBA – 1382 Wilson Road
Shiff’s Automotive – 1910 Route 31
Stillwater Nursery – 1095 Quaker Road
True North Tractor – 2168-2179 Canandaigua Road
Wayne County Chapter NYSARC – 927 Victor Road
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND NAY MOTION CARRIED
RESOLVED along with the recommendation of the Town Engineer the Special Use Permit for Roger Morrison at 2062 Magog Road is renewed to expire July 9, 2009 subject to his satisfaction of all prior conditions placed on him by the Town Board.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board enter Executive Session to discuss potential litigation at 8:50 p.m.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 268 (08)
OPEN SESSION
RESOLVED the Town Board return to Open Session at 9:02 p.m.
MOTION BY HAMMOND, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board extends the VanHoute Special Use Permit until 1/8/09.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
The Supervisor thanked Mike Nelson for all his work.
NO. 24 PAGE 6
DECEMBER 11, 2008
Dick Roets, Highway Superintendent and Supervisor Hammond met with NYSDOT regarding the Quaker Road crossing of the CSX Railroad. DOT has proposed that an Administrative Law hearing be held to consider a motion to consolidate the crossing between Rt. 350 and Canandaigua Road. This public hearing, before an administrative law judge, would, after consideration of the evidence presented and the testimony given, result in a decision whether this crossing should be closed or not. If the crossing is ordered closed, the order would also address what measures would be required to mitigate the affects of the closure. The mitigation efforts would likely include construction of a turn around on Quaker Road on the east side of the crossing, a turn around or abandonment on the west side of the crossing, improvements to the Canandaigua Road crossings, construction of barricades and installation of appropriate signage. The cost for this work would be paid for with State/Federal grade crossing safety program funds. A cursory investigation of possibly rerouting Quaker Road on a new alignment parallel and north of the CSX tracks as another potential mitigating action effort was made but dismissed as cost ineffective. The Town will contact DOT to meet with them again.
Discussion followed on discontinuing the uniform contract for the Highway. Instead a clothing allowance will be established for 2009. Highway Superintendent stated it would cut costs by 60%.
Supervisor Hammond thanked Mark McEwen for his representation on the Wayne County Water and Sewer Authority Board. Mr. Mark Graf has agreed to replace Mr. McEwen as the representative for the Town of Macedon.
Dr. Ike, Palmyra-Macedon School and Vicky Daily, Village of Palmyra have scheduled a meeting on January 6, 2009 at 7:00 p.m. to discuss cost cutting measures relating to consolidation.
The Ambulance Christmas Party will be held December 20, 2008 at 6:30 p.m.
Discussion followed on regulating rental property each time tenants change. The landlord would pay the cost. The Supervisor will look into.
The Town Clerk reported that 337 new dogs have been licensed since 7/28/08, the start of the dog census with 355 renewals. Several dogs were found to be licensed in Palmyra and Walworth due to their mailing addresses. The town budgeted $2,200 and has received $2,162.50 in local fees from the new dogs and $892.50 from renewals. An additional $315 is required to finish the census.
RESOLVED the Town Clerk is authorized to expend $315 for additional postage to complete the dog census and authorizes the Town Accountant to make any necessary budget adjustments.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board enter Executive Session at 9:45 p.m. to discuss a particular personnel matter.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
Councilman David McEwen entered the meeting at 9:50 p.m.
NO. 24 PAGE 7
DECEMBER 11, 2008
RESOLUTION NO. 272 (08) OPEN
SESSION
RESOLVED the Board return to Open Session at 11:10 p.m.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
ABSTRACT NO. 11A
Claim No. 18483 Expenditures in the amount of
$4000.00
ABSTRACT NO. 12
Claim Nos. 18484-18679 Expenditures in the amount of
$216,329.27
RESOLVED the bills be paid as audited
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE, HAMMOND AYE MOTION CARRIED
MOTION BY HAMMOND, SECONDED BY KENYON THAT THE MEETING BE ADJOURNED AT 11:13 PM.
______________________________
Judy W. Gravino, RMC
Macedon Town Clerk
_______________________
Judy W. Gravino, RMC
Macedon Town Clerk