The Regular Meeting of the Town Board of the Town of Macedon held July 12, 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…………..David Maul
                                  Councilperson…………….David Morrison
                                  Supervisor………………...William Eddy

Absent:                     Councilperson……………..Paul Kenyon

Also present were:
       Highway Superintendent….Richard Roets
                                  Town Accountant…………Kim Leonard
                                  Town Attorney……………Anthony Villani
                                  Town Clerk………………..Judy Gravino

REPORTS – The Supervisor presented the following reports:
Parks & Recreation Director’s Report July 2001
                                                Building & Zoning Quarterly Report 4-6/2001

RESOLUTION NO. 220 (01)  APPROVAL OF REPORTS
RESOLVED that the Reports submitted here be approved.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:   HAMMOND AYE,  KENYON ABSENT,   MAUL AYE,
                                      MORRISON  AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 221 (01)  APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of June 28, 2001 as presented.
MOTION BY HAMMOND,  SECONDED BY  MAUL
ROLL CALL VOTE:   HAMMOND AYE,  KENYON ABSENT,   MAUL AYE,
                                      MORRISON  AYE,  EDDY AYE  MOTION CARRIED

CORRESPONDENCE - The Supervisor presented the following:

Barbara Harper, Executive Director of the Wayne County Industrial Development Agency, would like to make a presentation to the Board to reintroduce them to the WCIDA.  The Supervisor will schedule Ms. Harper on the July 26, 2001 agenda.

Diane Savoie expressed her concerns regarding the impact of the Murphy Mine on the area in a letter dated July 3, 2001.

The Quaker Road Bridge over the Erie Canal is presently closed for repairs by NYSDOT.  Work will commence July 2nd for guide rail repair work and will remain closed until approximately July 16th.

Ora Rothfuss informed the Board that the closing deadline for the Farmland Protection Grant is August 31, 2001.  The County will sign a contract with the state, then the Town and possibly the Land Trust.   The Board needs to determine who will hold the title of easements, the Town or Genesee Land Trust.  Attorney Villani stated that Genesee Land Trust did not have the ability to convey back easily.   He asked if Genesee Land Trust would monitor only.  He was also concerned that their vision may not be the same as the Town’s, farming versus scenic. It was suggested that the Town take the title unless it would be a deal breaker.  Genesee Land Trust would monitor.

The Highway Superintendent entered at 7:48 p.m.

Councilperson Kenyon entered at 7:57 p.m.

Mr. Rothfuss believes the County may provide the money required to close of the farms prior to receiving the state and federal money.    The Town will need to review the monitoring agreement and base line
Document.  These need to be approved at the next meeting.

Patrick Nicoletta, MRB, presented the bid results from the Highway Facility bid opening on July 10, 2001.  These results are attached.  Attorney Villani recommended the Town use Attorney Trespasz due to a conflict with the lowest bidder.  Attorney Trespasz believes the Town has taken the appropriate steps to exempt the Garage project from the specification and bidding requirements of both sections 101 and 103.  This letter is also attached.
 
 
 
 

NO. 19           PAGE 2
JULY 12, 2001

RESOLUTION NO.  222 (01)  HIGHWAY FACILITY AWARDED
WHEREAS, the Town of Macedon received proposals for the construction of the New Highway Facility on July 10, 2001.  Nicoletta Building Contractors Inc. submitted the lowest proposal amount.  Upon MRB Group’s review of the contractor it appears that the contractor is qualified to complete the work as exhibited in the Contract Documents (Drawings and Specifications).

Therefore, Be It Resolved that the Contract is Awarded to “Nicoletta Building Contractors Inc.” for the sum of $1,390,000.00.  The contractor must complete all work by November 1, 2001 otherwise liquidated damages will be accessed at $250.00/day starting November 2, 2001 as stated in the Form of Proposal.

Be it further resolved that the Town of Macedon Supervisor signs the Notice of Award.  In addition, that the supervisor signs the agreement upon receipt and approval of the appropriate contractor documents, and approval from Bond Council and Special Council.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED
 

RESOLUTION NO. 223 (01)  PARKWOOD HEIGHTS LETTER OF CREDIT
RESOLVED the Town Board authorize the letter of credit release of $24,6113.82 for Parkwood Heights, Phase 2 per MRB’s recommendation. ($226,7889.13 – 70,455.78 – 112,153.71 – 224,613.81 = $19,565.82)
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Discussion followed on settlement for the Town Hall.  St. Paul is ready to submit payment.  Kim Leonard, Accountant, has been working with the employees to provide a replacement cost inventory.  The attorney will set up a conference call with the insurance company and the accountant regarding the inventory list.   Attorney Villani advised that  the building should be released on Monday.

RESOLUTION NO. 224 (01)  HIGHWAY PROOF OF LOSS OF GARAGE
RESOLVED the Board approves the Supervisor to sign the Proof of Loss of Garage.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 225 (01)  FAIRPORT HARBOUR SQUARE REFERRED TO
                                                   PLANNING BOARD
RESOLVED the Town Board refers the Fairport Harbour Square rezoning request to the Planning Board.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 226 (01)  MURPHY SPECIAL USE PERMIT
In the matter of an application of Eastern Sand & Gravel Company for a mining permit to operate a sand and gravel pit mining operation on 18.8 acres of land located on the west side of Daansen Road on the North side of its intersection with Macedon Center Road in the Town of Macedon, Wayne County, New York, it is

RESOLVED that a special use permit be issued to the applicant for a Commercial Mining Operation, said permit to expire on December 31, 2001 subject to the following conditions:
1. Operation be in accordance with the revised plans submitted with the application.
2. Applicant comply with all state, federal and local laws, rules, regulations and ordinances governing the use or operation of such commercial mining operation.
3. Applicant shall comply with 135-173 of the Macedon Zoning Ordinance.
4. The operation shall be screened from view by the natural terrain and there shall be no impacts on the existing watershed.
5. Applicant shall contract with an independent testing laboratory to sample and test the water quality of the neighboring well to provide a baseline for the current water quality of the well.  Such testing shall be repeated at least once every year to test for deviations from the baseline.  Said reports shall be filed with the Town Building and Zoning Office.
6. No topsoil is to be removed from the site.  Topsoil is to be stockpiled on the eastern edge of the mining area, and seeded, to provide additional buffering to adjacent residents.  The side slopes of the mine shall not exceed 1:3.  The bottom pit elevation shall remain above road grade.
7. New York State Department of Environmental Conservation has designated itself as lead agent in the review required by the State Environmental Quality Review Act.  No operating permit shall be issued until the lead agent has issued a negative declaration as to the proposed commercial mining operation.
8. Prior to the issuance of the special use permit, applicant is to comply with the recommendations of MRB Group dated May 13, 2001, a copy of which is annexed hereto.  Compliance shall be in evidenced by writing from MRB Group.
MOTION BY KENYON,  SECONDED BY HAMMOND
 
 
 

NO. 19           PAGE 3
JULY 12, 2001

Discussion followed on various conditions of the permit, truck traffic direction, hours and commitment if the well was affected.

RESOLUTION NO. 227 (01)  MURPHY SPECIAL USE PERMIT TABLED
RESOLVED the Board tables the Murphy Special Use Permit.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 228 (01)  ASSESSOR RE-APPOINTMENT
RESOLVED the Town Board re-appoints Donna M. Komor to the position of Macedon Town Assessor for a six- (6) year term commencing on 10/01/01 to expire 09/30/07.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 229 (01)  CHARLES KEMP, JR. SPECIAL USE PERMIT
                                                   PUBLIC HEARING SET
RESOLVED the Board schedules a Public Hearing on August 9, 2001 at 8:00 p.m. to consider the issuance of a Special Use Permit to Charles Kemp, Jr. to operate a small business at 2179 Canandaigua Road as per section 135-182.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 230 (01)  BUDGET ADJUSTMENTS
RESOLVED that the Macedon Town Board authorizes the following budget adjustments and transfers to account for expenses and revenues through 6/30/2001
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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

NO. 19           PAGE 4
JULY 12, 2001

Time Warner submitted its intent to renew its Franchise with Macedon.  They have requested a minimum of a ten-year (10) renewal term.  This will be discussed at the July 28th meeting.

RESOLUTION NO. 231 (01)  ZONING BOARD OF APPEALS APPLICATION
RESOLVED the Board accepts Mr. Jeffries recommendation for a change to the Zoning Board of Appeals application.
MOTION BY KENYON,  SECONDED BY MAUL
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

The Board will discuss the dog control agreement at the July 28th meeting.

Donna Baran requested compensation for her home computer that was corrupted due to a virus.  The Recreation Director has used her home computer to perform a lot of her work for the past four- (4) years.  The Board requested Tom Marr to review the request.

Supervisor Eddy will contact the County regarding signage for the Library.

The Board is invited to a luncheon at the Marina on July 21, 2001.

A lengthy discussion followed on amending Chapter 135 of the Macedon Code relating to signs.  The Attorney will draft a local law.

RESOLUTION NO. 232 (01)  ZONING ORDINANCE VIOLATIONS
BE IT RESOLVED that when we find a zoning ordinance not being enforced we direct the Zoning Officer to cite the lawbreakers.
MOTION BY MORRISON,  SECONDED BY HAMMOND

Dave Maul stated that this was already our job.

ROLL CALL VOTE:  HAMMOND NAY,  KENYON AYE,  MAUL NAY,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

David Maul -  “We just said it was the Code Enforcement Officer’s discretion whether or not to site a violator, the resolution says we will direct.

David Maul - The Garden Club will save what plants can be save and place at Bullis.  The Board needs to make provisions to secure the house part of the Town Hall if it is to be restored.

RESOLUTION NO. 233 (01)  COUNTRYMAN PAY INCREASE
RESOLVED that Chris Countryman be increased from $14.82 to $16.00/hour effective July 7, 2001.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Highway Superintendent Richard Roets – The tentative date for the Victor/Canandaigua light poles is July 30, 2001.

Accountant Kim Leonard – Budget quotations were submitted from Paul Davis Systems and Building Innovation Group, Inc. for reconstruction of the Town Hall structure, $905,085.88 and $761,154.23.  The census number for the year 2000 are 7,192 Town and 1,496 Village for a total of $8,688.

Councilperson Kenyon – There may be a company interested in purchasing the old barn.  He will look into.

RESOLUTION NO. 234 (01) ZONING ORDINANCE VIOLATORS
BE IT RESOLVED that the resolution (RESOLUTION NO. 232 (01) directing the Code Enforcement Officer to cite be rescinded and

BE IT FURTHER RESOLVED that the Town Board recognizes its responsibility to notify the Code Enforcement Officer of potential violations when and where it exists.
MOTION BY HAMMOND,  SECONDED BY MORRISON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 235 (01)  MIDLAKES ERIE SUB-LEASE
RESOLVED THE Town Board authorized the Supervisor to sign the Midlakes Erie LTD sub-lease subject to their providing proof on insurance as required by section7.02 of sub-lease page 12.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON NAY,  EDDY AYE  MOTION CARRIED
 
 
 
 

NO. 19           PAGE 5
JULY 12, 2001

RESOLUTION NO. 236 (01)  RAINBOW DRAINAGE EASEMENT
RESOLVED the Town Board authorizes the Supervisor to sign on behalf of the Town the drainage easement offer by Earl Rainbow as prepared by the Attorney.
MOTION BY HAMMOND,  SECONDED BY KENYON
 ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Code Enforcement Officer Mario Fioravanti has cited Mr. Forsay for minor violations.

The Board directs Mario to determine the point the marina is at and if they have the permits needed to operate.

The Town of Farmington filed a notification of a public hearing held on July 10, 2001 at 7:00 p.m. on amending the existing sign regulations.

It was the consensus of the Town Board to reserve any decision on the Police Department until public opinion was collected.

ABSTRACT NO. 7-01
CLAIM NOS. 3443-3627         Expenditures in the amount of $174,090.29

RESOLUTION NO. 237 (01)  AUDIT 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 HAMMOND, SECONDED BY KENYON THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 11:12 PM.
 

 
      ________________________________
       Judy W. Gravino, Town Clerk