NO. 7 PAGE 1

April 22, 2010

A Regular Meeting of the Town Board of the Town of Macedon held April 22, 2010 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……….David McEwen

Councilperson……….Cassandra Pagano

Supervisor…………...William Hammond

Also Present: Hwy Superintendent…Richard Roets

Police Chief…………..John Colella

Town Attorney………..Anthony Villani

Town Engineer……….Scott Allen

Town Clerk...…………Judy Gravino

RESOLUTION NO. 102 (10) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of April 8, 2010 as presented.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 103 (10) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of April 14, 2010 as presented.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Alex Walker is working on his Eagle Rank Badge and presented his trail project to the Town Board. He has proposed establishing a retention pond attached to a culvert pipe to divert water from the trails at the end of Commons Drive. The project will be completed by July.

RESOLUTION NO. 104 (10) WALKER EAGLE RANK BADGE PROJECT APPROVED

RESOLVED the Macedon Town Board supports Alex Walker’s Eagle Rank Badge Project and requests the Highway Superintendent Richard Roets to assist.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 105 (10) BUDGET ADJUSTMENTS

RESOLVED the Macedon Town Board authorize the following budget adjustments through April 30, 2010:

AF 0511 APPR. FUND BALANCE-FED. $ 3,501.77

A 0960 APPROPRIATIONS 737.00

A 4540.400 AMBULANCE – CONTR. 737.00

A 0960 APPROPRIATION 4,238.77

AF 3120.200 FEDERAL DRUG EQUIP. 3,179.70

AF 3120.400 FEDERAL DRUG CONTR. 322.07

A 4540.200 AMBULANCE EQUIP. 737.00

TO RECORD BUDGET ADJUSTMENTS NECESSARY THRU 4/30/2010 FOR:

GENERAL A - FEDERAL DRUG SEIZURE EXPENSES COVERED BY EARNED REVENUES & AMBULANCE EQUIPMENT COVERED BY CONTRACTUAL WITHIN SAME CATEGORY.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

NO. 7 PAGE 2

April 22, 2010

RESOLUTION NO. 106 (10) STATE SNOW & ICE CONTRACT EXTENSION FOR 2011/2012

RESOLVED the Town Board approves the Snow & Ice Contract for the 2009/2010 season which is the 2011/2012 contract extension with New York State Contract No. D009827 and authorizes the Supervisor to sign said contract.

MOTION BY MAUL, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 107 (10) EMPIRE NATURAL GAS CORP. AGREEMENT

RESOLVED the Town Board approves the Nonresidential Firm Gas Sales & Purchase Agreement with Empire Natural Gas Corp. effective October 1, 2010 through September 30, 2011 and authorizes the Supervisor to sign said agreement.

MOTION BY MAUL, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Gananda High School will be holding a triathlon on May 1, 2010, which will take place on Waterford and Wiedrick Roads from 10:00 a.m. to noon. Wiedrick Road will be close from Rt. 31F to Waterford Road during this time.

RESOLUTION NO. 108 (10) POLICE DEPARTMENT CLERK POSITION

RESOLVED the Town Board authorizes the Town Clerk to post the position for clerk support for the Police Department and authorize the Supervisor to canvas for the position.

MOTION BY KENYON, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

7: 45 PM - MAIMONE SPECIAL USE PERMIT MODIFICATION PUBLIC HEARING

RESOLUTION NO. 109 (10) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the April 11, 2010 issue of the Times.

MOTION BY HAMMOND, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Mark DiFrancesco represented Bart Maimone on the SUP modification application. Mr. Maimone is currently operating an automotive repair business and is asking for a modification to convert a portion of the building for a retail frozen seafood business. Mr. Maimone is not required to obtain a permit to sell seafood in the current zoning. Since he will be modifying the current Special Use Permit by reducing the square footage it was felt that a public hearing was necessary. No license is required for the seafood business as long as it is frozen, but will be subject to inspections by NYS Department of Agriculture. The two businesses will be totally separated and have separate entrances.

Traffic will be minimal. Should Mr. Maimone decide to sell fresh fish it would require building modifications and require him to return to the Town along with obtaining a state license.

RESOLUTION NO. 110 (10) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:01 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

NO. 7 PAGE 3

April 22, 2010

RESOLUTION NO. 111 (10) MAIMONE SPECIAL USE PERMIT MODIFICATION APPLICATION

WHEREAS the Town Board scheduled a public hearing on the Maimone Special Use Permit Modification Application on April 22, 2010 at 7:45 p.m. to take public comment to allow a retail frozen seafood outlet in the same building as the auto repair shop allowed under the current special use permit at 665 Route 31F and

WHEREAS a positive recommendation was received from the Macedon Town Planning Board and the Wayne County Planning Department

BE IT RESOLVED the Maimone Special Use Permit Modification be approved subject to stipulations of the Planning Board on April 12, 2010 and Wayne County Planning Department on March 31, 2010.

A portion of the property at 665 Route 31F will be converted to a retail frozen seafood outlet (355 sq. ft.) with total separation between two operations with a shed style addition (15’x50’) added on west side of building for freezers/coolers and storage space for new business.
Based on the proposed mix of uses (auto repair and retail sales of seafood), all applicable NYS and local permits/licenses must be obtained to ensure there is proper compatibility (and separation between the businesses
NYS Uniform Fire Prevention and Building Code must be met
The driveway must be designed/maintained to provide the most efficient ingress/egress possible. Vehicles should be able to safely access and leave the site to reduce the potential of negatively impacting traffic flow on NYS Rt. 31F

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

8:00 PM – ROUTE 31 CORRIDOR STUDY PUBLIC HEARING

RESOLUTION NO. 112 (10) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the April 11, 2010 issue of the Times.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Supervisor Hammond recognized the Rt. 31 Corridor Study Committee: Chairman Scott Allen, Aaron Cook, Marvin Kleinberg, Kevin Rooney, Douglas Holland, Doug Allen, William Rider, Richard Perrin, Sandy Pagano, and Bill Hammond.

Present from Bergmann Associates was Kevin Kelly, Kelly Thompson and Tony Berellie.

The draft corridor recommendations encompass Route 31 from the western county line to Route 28 and from Route 31 north on Wayneport and Canandaigua Road to the Erie Canal. This study was funded with federal dollars through the Genesee Transportation Council. The draft will be available on the Town web site at macedontown.net and

hard copies will also be available at the town offices. This study primarily covers the Town and touches on the Village. The purpose was to examine and make recommendations on land use and transportation issues. It also examined the issues related to the Wayneport Road Bridge. The public is encouraged to review the study and maps and provide feedback. Deadline for comments is May 14, after which the project team will refine the recommendations and finalize the study. For more information contact Scott Allen, Town Engineer.

NO. 7 PAGE 4

April 22, 2010

RESOLUTION NO. 113 (10) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 9:30 p.m.

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 114 (10) ENTER EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:35 p.m. to discuss litigation matters.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 115 (10) OPEN SESSION

RESOLVED the Board returns to Open Session at 10:18 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 116 (10) RETAINER AGREEMENT

RESOLVED the Town Board authorizes the Supervisor to negotiate a retainer agreement with Hadley & Aldrich and Schubmehl and Pogel.

MOTION BY KENYON, SECONDD BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY MCEWEN THAT THE MEETING BE ADJOURNED AT 10:19 PM.

______________________________

Judy W. Gravino, RMC

Macedon Town Clerk