The regular meeting of the Town of Macedon held April 26, 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.......David Maul
Councilperson.......David Morrison
Supervisor........….William Eddy
Also present:
Deputy Town Clerk....Linda Habecker
Public Comment:
Frank Enos voiced his concern about dogs leaving their messes in his yard. He also feels that Bullis Park needs to be addressed on this matter.
Attorney Tony Villani entered the meeting at 7:35 P.M.
Councilman Paul Kenyon entered the meeting at 7:36 P.M.
Highway Superintendent Richard Roets entered the meeting at 7:37 P.M.
Gene Jackson of Quaker Road stated that he has been 12 years trying to get the Morrison property cleaned up. He knows that DEC went in to clean up but there are still trailers and a burned house that need to be taken care of. Morrison went to court in October, so what is happening. Attorney Villani was unsure of the current status on the case; he will check on it. But having DEC manage the clean up of the property is very cost effective to the Town and also much more complete and thorough.
PLEASE NOTE: Vouchers 2979 ($984.96) & 3081 ($996.80) were voided on Abstract 4-01 due to a duplication and corrected on Voucher No. 3100 in the amount of $985.16.
Abstract No. 4-01
Fund Claim Nos. 2886-3100 $167,417.71
Credits     $       624.21
Total    $166,793.50
The Board needs to sign Voucher 3100.
RESOLUTION NO. 129 (01)   APPROVAL OF MINUTES
RESOLVED that the Board approves the minutes of April 12, 2001 as presented.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE  MOTION CARRIED
The Monthly Police Report and the Recreation Directors Report were presented by the Supervisor.
RESOLUTION NO. 130 (01)  APPROVAL OF REPORTS
RESOLVED that the reports submitted here be approved.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE,                 MORRISON AYE, EDDY AYE MOTION CARRIED
RESOLUTION NO.  131 (01)  ACCOUNTANT SCHOOLING
RESOLVED that the Macedon Town Board authorize the Town Accountant to attend the 2001 1st Annual Town Finance & Management School, May 17 & 18, 2001 in Saratoga at a cost not to exceed $350.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE  MOTION CARRIED
RESOLUTION NO. 132 (01)  SUMMER RECREATION COUNSELORS APPOINTED
RESOLVED the Board appoint Amy Habecker and William Hammond III, to be paid by voucher, Counselors for the 2001 Summer Recreation Program effective July 9, 2001 at a rate of $10.00 per hour and be it further
RESOLVED that William Hammond III be appointed to the position of Concession Stand Manager for the Spring/Summer 2001 season at a rate of $10.00 per hour effective June 18, 2001.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND ABSTAIN, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE  MOTION CARRIED
RESOLUTION NO. 133 (01)  MIDLAKES ERIE LTD.SECTION 108 LOAN
WHEREAS, Peter Wiles, Jr., President of the Midlakes Erie Ltd. Corporation has made application to the Town of Macedon on behalf of the corporation for a Section 108 loan in the amount of $433,750 for a term of twenty years at an interest rate not to exceed zero (0)%, and
WHEREAS, the Macedon Town Board has determined that it is in the best interest of the Town of Macedon to approve said loan, conditioned on the final approval of the U.S. Department of Housing and Urban Development.
NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Macedon does hereby conditionally approve a Section 108 loan in the amount of $433,750 to the Midlakes Erie Ltd. Corporation provided that:     1. The Applicant complies with and performs all U.S. Department of Housing and Urban Development loan application requirements and representations, and     2. The Town of Macedon receives authorization from the U.S. Department of Housing and Urban Development to make said loan, and     3. Midlakes Erie Ltd. Corporation complies with all conditions of said loan as may be required by the Town        of Macedon, the U.S. Department of Housing and Urban Development, and any other lending or governmental agency having jurisdiction in the matter, and
BE IT FURTHER RESOLVED, that Supervisor William Eddy is hereby authorized to submit said loan application to the U.S. Department of Housing and Urban Development and to execute all documents on behalf of the Town of Macedon in connection with the making of said loan.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON NAY, EDDY AYE   MOTION CARRIED
RESOLUTION NO.  134 (01)  TOWN HALL PROPOSAL-MRB
RESOLVED the Board approves the proposal for services dated April 12, 2001 from MRB to prepare contract documents to bid and construct a new Town Hall not to exceed $28,000 and authorizes the Supervisor to sign said agreement, pending approval of Town Attorney.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE  MOTION CARRIED
RESOLUTION NO. 135 (01) DOG OBEDIENCE TRAINING CLUB-BULLIS RESOLVED the Board approves the Dog Obedience Training Club of Rochester, New York to use Bullis Park on August 26, 2001 for their annual Dog Obedience Match subject to the following:     1. Certificate of insurance in the amount of $1,000,000 per claim and $2,000,000 aggregate with the Town named as additional insured being filed with the Town Clerk. 2. Recreation Director's approval.   3. Appropriate concession stand fees be paid if required.   4. All dog waste be cleaned up when event is done.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE  MOTION CARRIED
RESOLUTION NO. 136 (01)  ANIMAL CONTROL SERVICES
RESOLVED the Board approves the intermunicipal agreement between the Towns of Macedon, Ontario, Williamson, and Marion to contract for animal control services as per the agreement submitted by the Town of Ontario in a letter dated April 11, 2001 from Roy E. Herrmann,Jr. and authorize the Supervisor to sign said agreement.
MOTION BY MAUL, SECONDED BY KENYON  (tabled)
RESOLUTION NO. 137 (01)  ANIMAL CONTROL SERVICES TABLED
RESOLVED the Town Board table the Animal Control Services Agreement until some questions the Board has can be answered.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE  MOTION CARRIED
Sharon Celentano of the Macedon Garden Club presented a drawing of the proposed planting that she would like to do outside the library. The Board approved her proposal.
David Morrison was asked to discuss the problems that he has with Alpco. David stated that he feels some members of the Board have personal conflicts, because they were on the Board at the time the permit process began. He feels that by having the Department of State go over the Zoning Book this would resolve any questions that he has about this matter. David Maul asked who was affected by this Zoning conflict. David Morrison said everyone is and presented a petition with several signatures from residents questioning the Planning and Zoning policies of the Town. The Board asked David Morrison to come up with a resolution for Alpco's permits in question.
RESOLUTION NO. 138 (01)  REGIONAL BOARD OF REVIEW/ZONING
RESOLVED the Town Board refer the question of the propriety of Alpco permits to the Regional Board of Review in accordance with Section 61-11B of the Macedon Code Book/Fire Prevention & Building Construction.
MOTION BY KENYON, SECONDED BY MORRISON
Attorney Villani told the Board that the Review Board which David Morrison was referring to was only for Fire Prevention and Building Construction, not local ordinances. David Maul stated that in 1992 the Building and Zoning officer acted on direction of the Town Attorney and the Town Board under the Grandfathering Clause. Per the Code Book Section 61-13 any appeal should be made within 60 days of such action. This is well over the Statute of Limitations. Paul Kenyon moved that the Resolution be tabled until Mr. Morrison finds out if the Regional Review Board has jurisdiction over this matter-then bring it back up for a vote. Mr. Morrison did not want to table and Mr. Kenyon withdrew his motion to table Resolution 138 (01).
ROLL CALL VOTE: HAMMOND NAY, KENYON NAY, MAUL NAY, MORRISON AYE, EDDY NAY  MOTION DENIED
Forsay property update: Mario Fioravanti sent a memo to the Board stating that Envirotech was hired by Forsay for a baiting program which started on April 19th. Everything is on schedule.
CORRESPONDENCE
Letter from Clara Johnston, would like to fill vacancy on Macedon Library Board.
Letter from Senator Nozzolio concerning a letter to him from Karen Coats, Macedon Center Road, and her wish to lower the speed limit on that road.
Letter from the Mormons looking for ideas for community service projects July 10-12.
Cropwalk 2001 on May 6th.
RESOLUTION NO. 139 (01)  SPEED REDUCTION REQUEST/MACEDON CENTER ROAD
RESOLVED Town Board request the New York State DOT lower the speed limit on Macedon Center Road per letter from Karen Coats.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE  MOTION CARRIED
RESOLUTION NO. 140 (01)  SIDEWALK BLOCKS REMOVAL/ROUTE 31F
RESOLVED Town Board approve Macedon Center United Methodist Church to remove 2 to 3 cement sidewalk blocks for a sloping walkway for a crosswalk on Route 31F.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE, KENYON AYE, MAUL AYE,  MORRISON AYE, EDDY AYE  MOTION CARRIED
RESOLUTION NO. 141 (01)  BUDGET ADJUSTMENTS
RESOLVED that the Town Board authorize the following budget adjustments and transfers to reconcile 01/01/2001-03/31/2001:
A 0960A 1220.400A 1320.400A 0960A 1220.200A 1320.200 AppropriationsSupervisor-ContractualAccountant-Contractual AppropriationsSupervisor's Equip.Accountant-Equip.To record budget adjustments necessary for the Supervisor's new computer and the Accountant's new printer, adjustments within their budget code. 1,035.00910.00125.00 1,035.00910.00125.00
DA 0960DA 9060.800DA 0960DA 9062.023 AppropriationsHealth InsuranceAppropriationsJ. VanderMallie-FlexTo record budget adjustments necessary to reconcile J. VanderMallie's flex plan from fiscal year 2000. 36.8236.82 36.8236.82
DB 0960DB 9060.800DB 0960DB 9062.023  AppropriationsHealth InsuranceAppropriationsJ.VanderMallie-FlexTo record budget adjustments necessary to reconcile J. VanderMallie's flex plan from fiscal year 2000. 36.8236.82 36.8236.82
F 0599F 0960F 1950.400 Appr.Fund BalanceAppropriationsTaxes & AssessmentsTo record budget adjustments necessary to account for the special district taxes for the water towers. 155.50 155.50155.50
JH 0599JH 0960JH 4010.400  Appr. Fund BalanceAppropriationsHealth-Consolidated DistrictTo record budget adjustments necessary for the Macedon Consolidated Health District for rabies responder’s purchases. 200.00 200.00200.00
SS1 0510SS1 2120SS1 0960SS1 8120.400 Estimated RevenuesRentsAppropriationsCollecting SystemTo record budget adjustments necessary to account for the increase of sewer units due to Parkwood Heights. 19,000.0019,000.00 19,000.0019,000.00
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE  MOTION CARRIED
ROUNDTABLE:
Attorney Villani-Elam non-jury trial May 10th-Mario needs to attend. Railroad litigation-Donna Komor requests instruction/he will call her.
David Maul-looked over Breens land offer, feels we should put on next agenda.
Dick Roets-St. Paul Insurance Co. has agreed to replace the floor at the highway barn. The forensic accountant is working on figures on contents. Dick received an e-mail questioning how the leak from the fuel tank extraction was handled back when they did the joint fuel facility. DEC was notified-core samples were done-final report in front of DEC. Everything done by the book.
Bill Hammond-Planning Board positive referral on Murphy"s proposed Commercial Excavation Operation. He has cut project in half-has operation on opposite side of hill for noise reduction.
Bill Eddy-presented 2001 Official Political Calendar from Bob Oaks.
RESOLUTION NO. 142 (01)  MURPHY SUP/PUBLIC HEARING SET
RESOLVED Town Board set Public Hearing for Murphy SUP for Macedon Center Road/Daansen Road for May 24th at 8 P.M.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE  MOTION CARRIED
RESOLUTION NO. 143 (01) HIGHWAY MOWER BID/ADVERTISEMENT
RESOLVED to amend Resolution No, 117 (01) to authorize the Town Clerk to advertise for bid specs on a mower.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE, KENYON AYE, MAUL AYE, MORRISON AYE, EDDY AYE MOTION CARRIED
ADJOURNMENT
MOTION BY HAMMOND, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 9:10 P.M.

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LINDA HABECKER,DEPUTY TOWN CLERK