NO. 2      PAGE 1
 JANUARY 11, 2001
 WEB SITE http://hometown.aol.com/macedontown

The Regular Meeting of the Town Board of the Town of Macedon held January 11, 2001 at the Town Complex, 30 Main Street, in the Village of Macedon, was called to order by Supervisor William E. Eddy at 7:30 p.m.

Pledge of Allegiance.

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

                                               Councilperson………………William Hammond
                                               Councilperson………………Paul Kenyon
                                               Councilperson………………David Maul
                                               Councilperson………………David Morrison
                                               Supervisor…………………..William Eddy

Also Present:

                                              Town Clerk…………………Judy Gravino

Sue Norman requested an update on the Forsay property.   The Attorney will address when he arrives.

RESOLUTION NO. 35 (2001)  APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of January 4, 2001 as presented.
Councilperson Morrison requested the following be included:
     Councilperson Morrison questioned if Mario Fioravanti was certified.  The Clerk phoned Mr. Fioravanti
     and was informed that he was certified.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

REPORTS – The Supervisor presented the following reports:
NYS Dept. of Agriculture and Markets DCO-Shelter Compliance Report dated 12/6/00
Building & Zoning Office Quarterly Report – 4th Quarter 2000
Town Clerk’s December Monthly Report
Town Clerk’s 2000 Annual Report

RESOLUTION NO. 36 (2001)  REPORTS
RESOLVED the reports submitted here be approved.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Ora Rothfuss, Wayne County Planning Department, updated the Board on the Farmland Preservation Program.  Gay Mills, Executive Director of the Genesee Land Trust, gave a brief description of the organization.  The Genesee Land Trust is a private, nonprofit land conservation organization founded to preserve and protect open lands in the greater Rochester area.  Mr. Rothfuss proposed forming a committee to develop a Memorandum Of Understanding (MOU) between the Town of Macedon and Genesee Land Trust.  A copy of his update follows.  A seminar is scheduled March 1, 2001 at the Farm Restaurant.

Attorney Villani entered the meeting at 7:37 p.m.  There was a proceeding brought in justice court against Forsay that resulted in a series of fines.  This is being reduced to judgement.  Mr. Forsay has not paid the fines and the problem has not been abated.  The attorney will be asking the Board for permission to bring action in the Supreme Court to bring him into compliance.  This will take a couple of months.

Jeff Richardson, High Acres & Waste Management presented a proposal to relocate a 12-acre compost facility that existed within the property they own in the Town of Perinton.  With their landfill progression as they move east there is a need to relocate some infrastructure.  The compost area needs to be relocated.  This process started back in 1997.  They have worked with the Town to rezone the property from AR40 and MHD to AR40 and ORM.  An SRSPC Overlay was approved 1/13/2000 for the compost area.   An application for a Special Use Permit is before the Board.  MRB’s comments have been addressed.  Because this is a separate application the Town needs to go through the SEQRA process.

RESOLUTION NO. 37 (2001)    HIGH ACRES YARD WASTE COMPOSTING & WOOD WASTE
                                                     RECYCLING FACILITY SPECIAL USE PERMIT LEAD AGENCY
                                                      & PUBLIC HEARING SET
BE IT RESOLVED THE Town declares itself Lead Agency for the purposes of SEQRA review and schedules a Public Hearing February 8, 2001 at 8:30 p.m.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
 

NO. 2      PAGE 2
 JANUARY 11, 2001

RESOLUTION NO. 38 (2001)  WASTE MANAGEMENT LONG RANGE PLANS
WHEREAS the Town Board is in receipt of a request from Waste Management to discuss their long-range Development plans for the High Acres facility in Penfield and for the 300 + adjacent acres located in Macedon
BE IT RESOLVED that the Town Board appoints the following individuals to serve on the High Acres Long Range Plan Committee which shall be responsible for addressing any long-range development plans proposed by Waste Management and shall engage in such discussions, negotiations and planning activities as the Committee deems appropriate while periodically reporting to and receiving instruction from the Town Board with regard to those activities:
 Scott Allen
 David Maul
 William Eddy
AND BE IT FURTHER RESOLVED that the Town Board retains Boylan, Brown, Vigdor and Wilson, LLP, to represent the Town of Macedon in the course of those discussions or in any long-range development planning on the same terms as set forth in the firm’s retainer agreement of September 14, 2000.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 39 (2001)  PULCINI MINING OPERATION – QUAKER ROAD
RESOLVED that renewal is granted to Walter Pulcini for a Mining Permit on the north side of Quaker Road to expire December 31, 2001 subject to:
(1) The applicant shall secure a NYSDEC mining permit for operation prior to the issuance of a permit hereunder by the Town, and shall comply with all conditions imposed under said NYSDEC mining permit.
(2) The project shall be operated in accordance with the provisions of Section 135-173 of the Zoning Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.
(3) Permit renewal will be considered in December of 2001.  An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year proceeding expiration of annual permit and applications be submitted in November prior to their December renewal date.  At the time of annual inspection and permit renewal any noise or similar complaints will be considered.
(4) Only that area described in the application and plans submitted shall be utilized.
(5) No topsoil shall be removed from the site.
(6)  The site will be open for inspection at all times.  The Town Engineer and Code Enforcement Officer shall inspect the subject premises annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.
(7) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two (2) million dollars aggregate.
(8) All utilities shall be underground.
(9) The permit shall be nontransferable.
(10) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.
(11) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to renewal for the year 2002.  Updates will be required thereafter as deemed necessary by the Town Engineer or Code Enforcement Officer.
Special Conditions:
(1) Any and all conditions as addressed in the letter from the Town Engineers dated November 3, 2000
       must be complied with.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Art Elting, Alderman Road, was concerned about truck traffic.  The Supervisor previously requested a petition from Mr. Elting.  Supervisor Eddy spoke to the Police and the County.  A petition is needed.  Mr. Elting agreed to provide the petition.
 
 
 
 
 
 
 

NO. 2      PAGE 3
 JANUARY 11, 2001

RESOLUTION NO. 40 (2001)  SMITH MINING PERMIT – WALWORTH ROAD
(1)  The applicant shall secure a NYSDEC mining permit for operation prior to the issuance of a permit hereunder by the Town, and shall comply with all conditions imposed under said NYSDEC mining permit.
(2)  The project shall be operated in accordance with the provisions of Section 135-173 of the Zoning Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.
(3) Permit renewal will be considered in December of 2001.  An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year proceeding expiration of annual permit and applications be submitted in November prior to their December renewal date.  At the time of annual inspection and permit renewal any noise or similar complaints will be considered.
(4) Only that area described in the application and plans submitted shall be utilized.
(5) No topsoil shall be removed from the site.
(6)  The site will be open for inspection at all times.  The Town Engineer and Code Enforcement Officer shall inspect the subject premises annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.
(7) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two (2) million dollars aggregate.
(8) All utilities shall be underground.
(9) The permit shall be nontransferable.
(10) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.
(11) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to renewal for the year 2002.  Updates will be required thereafter as deemed necessary by the Town Engineer or Code Enforcement Officer.
Special Conditions:
(1) Any and all conditions as addressed in the letter from the Town Engineers dated November 3, 2000
       must be complied with.
(2) Truck traffic to enter and exit from the north only, except for local delivery purposes.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 41(2001)  PEST CONTROL
RESOLVED the Town Board authorizes the Supervisor to enter into a contract with Enviro-tech to provide pest control at the Town Complex and Bullis Park at a cost of :
 Town Complex   $60/Month
                                                                Bullis                    31/Month May-Sept.
To be expensed from A1620.4 and A7110.4 respectively (quotes follow)
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 42 (2001)  GARBAGE DISPOSAL
RESOLVED the Board authorizes the Supervisor to enter into a contract with Waste Management to provide garbage disposal at the following locations: (quotes follow)
 Town Hall         4 cubic yards         $58/Month
                                                                                                         +10/Month Recycling
                                                 Highway            3 cubic yards        $49/Month
                                                 Bullis                 6 cubic yards        $75/Month March-October
To be expensed from A1620.4, A1620.4 and A7110.4 respectively
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
 
 
 
 
 
 
 
 
 
 

NO. 2      PAGE 4
 JANUARY 11, 2001

RESOLUTION NO. 43 (2001)  MASTER PLAN COMMITTEE
WHEREAS the Macedon Town Board formed the Master Plan Implementation Committee at their August 24, 2000 Town Board Meeting and
WHEREAS the Macedon Town Board deems it necessary to continue the Master Plan Committee in the year 2001 be it further
RESOLVED that the following individuals be re-appointed to said committee:
 Debbie Proctor, Charles Packard, Mark Henning, Donald Reeners,
                                 Carolyn Gregoire, Merton Bartels, Bruce Niven, Dean Collins,
                                 William Hammond and David Morrison
AND BE IT FURTHER RESOLVED that Dean Collins be re-appointed as the Master Plan Implementation Committee Chairman effective 01/01/2001
AND BE IT FURTHER RESOLVED that Shawn Habecker be re-appointed clerk to said committee at a rate of $7.16/hour effective 01/01/2001.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 44 (2001)  TOWN CLERK’S BOOKS PRESENTED TO THE BOARD
RESOLVED the Town Board acknowledges the Town Clerk submitted her cashbook, receipt books, bank statements, cancelled checks, monthly reports, check book and annual report to the board for examination.
MOTION BY KENYON,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 45 (2001)  REAL PROPERTY TAX EXEMPTION FOR PERSONS SIXTY-FIVE
                                                   (65) YEARS OF AGE OR OLDER PUBLIC HEARING RESCHEDULED
RESOLVED the Town Board reschedule the public hearing on the Real Property Tax Exemption for persons sixty-five (65) years of age or older to be held February 8, 2001 at 8:00 p.m. to consider raising the senior citizen sliding scale as follows:
                       Annual Income                           PERCENTAGE ASSESSED VALUATION
                       Less than $20,500                                                   50 per centum
                       $20,500 to less than $21,500                                  45 per centum
                       $21,500 to less than $22,500                                  40 per centum
                       $22,500 to less than $23,500                                  35 per centum
                       $23,500 to less than $24,400                                  30 per centum
                       $24,400 to less than $25,300                                  25 per centum
                       $25,300 to less than $26,200                                  20 per centum
                       $26,200 to less than $27,100                                  15 per centum
                       $27,100 to less than $28,000                                  10 per centum
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Discussion on section 135-195B of the Macedon Town Code referring to signs erected before the adoption of the chapter shall be allowed to continue for a period of not more than ten (10) years from the effective date of the chapter.  At the end of the ten-year period, all such nonconforming signs shall be removed.
This period expired in May.  Attorney Villani will advise.

Discussion followed on the Moratorium.   It was the consensus of the Town Board to deny any future requests for rezoning to allow the master plan implementation committee to reflect the changes from the Master Plan into the Macedon Town Code Book.

 RESOLUTION NO. 46 (2001)  ENTER EXECUTIVE SESSION
RESOLVED the Board enter Executive Session at 9:07 p.m. to discuss particular personnel matters.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 47 (2001)  RETURN TO OPEN SESSION
RESOLVED the Board return to Open Session at 10:05 p.m.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

The Planning Board has another application before it for a senior housing project behind the Post Office.  The developer has been requested to participate in the cost of the signal light.  Discussion followed on determining a formula to apply uniformly to developments.   Projected traffic flow was suggested.
Mr. Welker contributed $15,000.  Councilperson Hammond will ask the Planning Board for their input.
 
 
 

NO. 2      PAGE 5
 JANUARY 11, 2001

Discussion followed on the letter dated January 4, 2001 from Information Packaging requesting reimbursement for the machinery and labor to dig a new trench in the amount of $400.  The pipe, labor and equipment were furnished by the Town and Information Packaging supplied the shovel at a cost of $400.
It was the consensus that the Town would not reimburse the $400.

The consensus of the Board was to direct Donna Komor, Assessor, to consult with the Town Attorney regarding assessment matters.

ABSTRACT NO. 1-2001
Claim Nos. 2445-2588                                        Expenditures in the amount of $462,268.53
                          (  2.52 ) credit
              $462,266.01
RESOLUTION NO. 48 (2001)  PAYMENT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

MOTION BY HAMMOND,  SECONDED BY EDDY THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:10 PM.
 

 

                                                                                         ______________________________________
                                                                                         Judy W. Gravino, Town Clerk