The Regular Meeting of the Town Board of the Town of Macedon held June 14, 2001 at 1675 North Wayneport Road, in the Town 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 Morrison
                                  Supervisor………………...William Eddy
 
Absent was:              Councilperson……………..David Maul

Also present were:
 
                                  Highway Superintendent….Richard Roets
                                  Town Clerk……………….Judy Gravino

REPORTS – The Supervisor presented the following reports:
May Appropriations Ledger

RESOLUTION NO. 193 (01)  REPORTS
RESOLVED the reports submitted here be approved.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL ABSENT,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

Ora Rothfuss read a news release from Wayne M. Maresh, State Conservationist from the United States Department of Agriculture.
   “The New York State Department of Agriculture and Markets (NYS DAM) will
     receive $257,291.00 to protect 2 farms totaling 969 acres.  The farms are located in
     the Town of Macedon, Wayne County and the Town of Elbridge, Onondaga County.

     The Genesee Land Trust will receive $165,309.00 to protect 1 farm totaling 556 acres.
     Genesee Land Trust is the locally based land trust for the Rochester region, and will
     Work in partnership with the Town of Macedon, Wayne County.”

Attorney Villani entered the meeting at 7:42 p.m.

RESOLUTION NO. 194 (01)  FARMLAND PRESERVATION – GELDORF,
                                                 MARVIN, & JOZWIAK
WHEREAS, Brian & Virginia Geldorf, John Marvin, Richard Jozwiak (Landowners) are active farmers in Macedon, who collectively own approximately 785 acres; and are willing to consider selling the development rights for their properties; and;

WHEREAS; the landowners have agreed to pay one-third of this project cost; and;

WHEREAS; Wayne County has agreed to pay one-third of this project cost;

NOW, THEREFORE, be it

RESOLVED, that the Town of Macedon enter into a contractual agreement with Promeroy Appraisal Associates 225 West Jefferson St., Syracuse, NY, for the appraisal of the above mentioned Geldorf and Marvin properties, contingent upon the Landowners, also entering into said agreements, for a cost to the Town not to exceed $666; and;

BE IT RESOLVED, that the Town of Macedon enter into a contractual agreement with Farm Credit of Western New York, ACA, 1450 Route 14, Phelps, NY, for the appraisal of the above mentioned Jozwiak properties; contingent upon the Landowner, also entering into said agreements, for a cost to the Town not to exceed $1334; and;

BE IT FURTHER RESOLVED that upon the sale of the development rights as part of a grant proposal, the Landowners will reimburse the Town and County for their respective portion of the above contract.

MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL ABSENT,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED
 
 

NO.                                                                                                                                            PAGE 2
JUNE 14, 2001

RESOLUTION   NO. 195 (01)  JOINT TOWN/VILLAGE BOARD MEETING
RESOLVED the Town Board schedules a Joint Town/Village Board Meeting on June 21, 2001 at 7:30 p.m. to be held at 1675 Wayneport Road.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL ABSENT,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 196 (01)  DOT BANNER REQUEST
REOSOLVED the Town Clerk is directed to send a letter to DOT requesting permission to erect a Banner across Route 31 in regards to the Recreation Music Festival.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL ABSENT,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

8:00 PUBLIC HEARING – MURPHY MINING – DAANSEN & MACEDON CENTER ROAD
RESOLUTION NO. 197 (01)  READING OF LEGAL NOTICE WAIVED
RESOLVED the Board waives reading the legal notice.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL ABSENT,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED
 

Robert Johnston represented Mr. Murphy.  The Murphy Mining Operation is located on Daansen and Macedon Center Roads.  The parcel is 38.8 acres and the proposed mining operation will consist of 18 acres.  Due to prior concerns relating to wells and drainage the proposed operation has been moved to the west side of the hill.  There will be no impact on drainage.  200 feet of road will be dust free.  Topsoil will be stockpiled  and seeded on the line to separate and control noise.

Mike O’Connor, Macedon Center Road – Asked about the rest of the parcel.
Robert Murphy – Farmland
Maureen O’Connor, Macedon Center Road – Would like to see the hydrological study
Robert Johnston – A study was not done due to the operation being moved to the other side.
Robert Murphy – The project was larger when a hydrological study was requested.
Maureen O’Connor – Requested Mr. Murphy put in writing what he will do if there is an impact on her well.
Diane Sevoy, 2687 Macedon Center Road – Dust from the west was a concern.
Robert Murphy – Below surface and 1,600-2,000 feet away
Councilperson Kenyon – Residents can report problems to the Code Enforcement Officer.
Diane Sevoy – Concerned about problems with kids in the mine
Robert Murphy – Will post and put up red fence
Robert Johnston – The entrance will be locked and gated.
Highway Superintendent -  The Town of Macedon has been a mining community for 75 years.
Councilperson Morrison – Mr. Murphy is the only person who has reclaimed his pits.
Diane Sevoy – Concerned with truck traffic at 10 trucks per hour
Robert Murphy – Hours of operation 7-5:30 weekdays and 7-12 Saturday
Diane Sevoy – Requested the Board consider hours of operation starting later than 7 a.m.
Frank Enos, Cornwall – Spoke in favor, Mr. Murphy returns the land to what it was or better that what he found it.
All persons desiring to be heard, having been heard, the public hearing was closed.

RESOLUTION NO. 198 (01)  PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be closed at 8:30 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL ABSENT,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

The Board will not act on this until there is a full board.

June Hamell, representing the Library, impressed upon the Board the need  to secure space for the Bullis collection that is temperature and humidity controlled.

RESOLUTION NO. 199 (01)  STORAGE ROOMS FOR RECORDS AND BULLIS COLLECTION
RESOLVED the Town Board authorizes the Town Clerk to negotiate for necessary storage space
For town records and Bullis Collection in  areas of storage capable to provide climate control with consideration given to release of retained space if no longer required at a cost not to exceed $400/month.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL ABSENT,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

Councilperson Maul entered the meeting at 8:54 p.m.
 

NO.                                                                                                                                            PAGE 3
JUNE 14, 2001

Robert Cantwell, representing Peter Fabio, introduced a rezoning proposal for the southwest corner of Route 31 and Wayneport Road.  The parcel consists of 41 acres.  The request would rezone this parcel from R30 to R22 consisting of 56 single family homes and 20% open space.  The northwest corner would consist of 32 apartments adjacent to the driving range.  There will be two (2) access points and roads will be dedicated.
Councilperson Hammond – The main concern of the area residents at the time of the first proposal was same size lots adjacent to the current landowners.  Sewer capacity is a concern.
Councilperson Kenyon – Would like to make sure this fits the Master Plan and requested they consider sidewalks.
Developer will consider comments and return to the Board.

RESOLUTION NO. 200 (01)  TOWN HIGHWAY BARN
RESOLVED the Town Board makes and adopts the findings set forth in the Town Highway Superintendent’s letter dated June 14, 2001 and authorizes the Town Highway Superintendent to solicit quotes for a new Town  Highway Barn subject to written opinion by special council.
MOTION BY HAMMOND,  SECOND BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 201 (01)  LOW BOY TRAILER
BE IT RESOLVED that the Macedon Town Board authorize a budget adjustment to cover a shared expense between the Highway Department and the drainage District for a new, Eager Beaver, 35 Ton, Self Lifting Detachable Low Boy Trailer, with a one year warranty.  The amount to be adjusted is not to exceed $9,390.00, and is to be transferred from Account #SD8540.4, and expensed in to Account #SD8540.2.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

Supervisor Eddy presented a letter dated June 7, 2001 from Charles Moynihan to Honorable Michael Nozzolio stating that the intersection of Route 31F and 350 will be signalized by early next year.

Peter Wilds questioned the status of the lease between the Town and State, and the sublease between Midlakes and the Town.  Attorney Villani needs the hard copy from Mr. Wild’s attorney.

RESOLUTION NO. 202 (01)  VERIZON (FORMERLY FRONTIER CELLULAR) SPECIAL USE
                                                  PERMIT
RESOLVED the Town Board amends RESOLUTION NO. 483 (00) dated 12/14/00 and issues a Special Use Permit to Verizon as follows:
WHEREAS, Verizon (formerly Frontier Cellular) did receive a special use permit from the Town Board of the Town of Macedon on November 30, 1999 to co-locate with Sprint and operate a cellular telephone transmission facility on an existing S..B.A. Inc. 195’ self-supporting tower and placement of its base station facilities in an existing building on the site, as shown on the site plan prepared by Costich Engineering dated October 20, 1999, on the property leased from Richard and Margaret Baker, located at 1382 Wilson Road in the Town of Macedon, known as Tax Map No. 29111-00-532480 (the  “Property”).
 

WHEREAS, said special use permit does expire by its own terms on December 31, 2000 and Verizon (formerly Frontier Cellular) requests that said permit be renewed, and

WHEREAS, Verizon (formerly Frontier Cellular) has shown compliance with the terms and conditions of permit issuance and the absence of significant negative environmental consequences of the specially permitted activity,

NOW, THEREFORE, BE IT RESOLVED as follows:

(1) That the special use permit granted to Verizon (formerly Frontier Cellular) be, and the  same  hereby is, renewed to expire December 31, 2001 in accordance with the submissions and Town Planning Board approval pertaining to original permit issuance, and
(2) That the applicant continues in its written agreement to indemnify and hold harmless the Town from any liability stemming from the permitted activity, and
(3) That the applicant accepts the terms and conditions of the permit in writing prior to its reissuance.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                    MORRISON ABSTAIN,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 203 (01)  HIGHWAY BOND RESOLUTION
(SEE ATTACHED)
 
 
 
 

NO.                                                                                                                                            PAGE 4
JUNE 14, 2001
 
 

The Town Board requested a thank you letter be sent to the Macedon Center Firemen for the use of their chairs for the board meetings.

RESOLUTION NO. 204 (01)  MOVERS AUTHORIZED
RESOLVED the Town Board authorizes A&A Movers in connection with records placement not to exceed $1,000.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 205 (01)  EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 10:40 p.m. to discuss particular personnel matters.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED
 

RESOLUTION NO. 206 (01)  OPEN SESSION
RESOLVED the Board returns to Open Session at 11:05 p.m.
MOTION BY EDDY,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

ABSTRACT NO. 6-01
CLAIM NOS.                                                 Expenditures in the amount of

RESOLUTION NO. 207 (01)  PAYMENT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                    MORRISON AYE,  EDDY AYE  MOTION CARRIED

MOTION BY KENYON, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED.  THE  MEETING ADJOURNED AT 11:13 PM.
 
 
 

                                                                                                 ________________________________
                                                                                                 Judy W. Gravino, Town Clerk