The Regular Meeting of the Town Board of the Town of Macedon held July 26, 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 Maul
                                               Councilperson………………David Morrison
       Supervisor…………………..William Eddy

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

RESOLUTION NO. 239 (01)  APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of June 14, 2001 with the following amendment:
  RESOLUTION NO. 200 (01) TOWN HIGHWAY BARN
  Subject to written opinion by special counsel, Theodore Trespasz.
  Correct spelling – Peter Wiles
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:   HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                      MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 240 (01)  APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of June 21, 2001 with the following amendment:
  RESOLUTION NO. 208 (01) HIGHWAY EQUIPMENT PURCHASE
  BE IT FURTHER RESOLVED that resolution no. 208 (01)  supersedes resolution no. 201 (01)
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:   HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                      MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 241 (01)  APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of July 12, 2001 with the following amendments:
  RESOLUTION NO. 222 (01)  HIGHWAY FACILITY AWARDED
  “Nicoletta Building Contractors Inc. (no relation to the town Engineer’s representative of the same name)
  submitted the lowest proposal amount.”
  RESOLUTION NO. 223 (01)  PARKWOOD HEIGHTS LETTER OF CREDIT
   ($226,789.13 - 70,455.78 – 112,153.71 – 24,613.82 = 19,565.82)
  Reference to July 28, 2001 meeting on Page 4 should be July 26, 2001
  THE LAST SENTENCE SHOULD READ:
  It was the consensus of the Town Board to reserve any decision (on the Village Board’s proposal to dissolve the Police Department) until public opinion is collected.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

REPORTS – The Supervisor presented the following:
General Fund Consolidated Statement of Revenues – 6/30/01
Parks & Recreation July 2001

RESOLUTION NO. 242 (01)  APPROVAL OF REPORTS
RESOLVED that the Reports submitted here be approved.
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

CORRESONDENCE – The Supervisor presented the following:
A thank you note from Peg and Gene Dixon regarding the recent town funded Senior Citizen Trip.

Notification from the Wayne County Planning Board of the Consolidated Agricultural District No. 1 Public Hearing scheduled August 15, 2001 at 7 p.m. at the Walworth Town Hall.

Wayne County Soil & Water Conservation District has secured a small grant to provide a pesticide disposal program scheduled for early October.  Any questions should be directed to (315)946-4136.

Peter Short submitted his suggestions regarding a parcel of land that borders the Town Complex, school to the west and Kemp/Drumlin Drive to the east.

Donna Baran, Recreation Director, reinforced with the Town Board that a policy had been established by the Recreation Committee and Town Board that no individual or organization will be permitted to use the concession stand unless they agree to hire the Town’s Concession Stand Manager at his regular rate of pay.  Under no circumstances should a key to the concession stand be given out.

June Hamell, Library Assistant, requested the opportunity to search through the northwest corner of the old Library prior to the salvage operation.

A letter from Michael Nozzolio to Karen Coats regarding her request for a speed limit reduction on Macedon Center Road.

NYSEG submitted a notice of claim as a result of damage caused to their facilities on 6/4/01 on O’Neill Road.

A letter from Keith and Jeanine Schneckenburger opposing the Murphy Mining Application on Macedon Center Road.

The State Education Department on behalf of the New York State Archives has offered the Town of Macedon a Local Government Records Management Improvement Fund disaster recovery grant in the amount of $20,000.  These funds are to assist the town in restoring its permanent, historical, and vital records involved in the April 29, 2001 fire.

RESOLUTION NO. 243 (01)  WATERFORD CUSTOM HOMES REFERRED TO PLANNING BOARD
RESOLVED the Town Board refers the Waterford Custom Homes, Inc. rezoning request of approximately 41.1 acres on Wayneport Road from R-30 to R-22 to the Planning Board.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 244 (01)  RECORDS MANAGEMENT DISASTER RECOVERY GRANT AWARD
WHEREAS on behalf of the New York State Archives, the Commissioner of Education has awarded a Local Government, Records Management Improvement Fund (LGRMIF) disaster recovery grant, submitted by the Town of Macedon, in the amount of $20,000 (the maximum allowable) to assist the town in restoring its permanent, historical and vital records damaged in the April 29, 2001 fire and be it

RESOLVED that the Town Board appoints Judy Gravino as the Project Director and authorizes expenditures in the submitted budget and be it further

RESOLVED that the Town of Macedon gratefully accepts the generous grant offer and authorizes the Supervisor to sign the Proposed Grant Acceptance Form.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 245 (01)  RECORDS MANAGEMENT SOFTWARE PROPOSAL
WHEREAS Williamson Law Book Company is offering a Records Management software package that will aid and assist the Records Management Officer in the inventory, storage, borrowing and disposition of the Town of Macedon’s records at no charge for the software (normal price $995), software support for technical support and any updates or enhancements at a cost of $200/year, on-site training at $65/hour and mileage at $.32/mile

BE IT RESOLVED that the Town Board authorizes the Records Management Officer to enter into a contract with Williamson Law Book Company at a cost not to exceed  $325 to be expensed from A1460.4.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Barbara Harper, Administrative Director of the Wayne County Industrial Development Corporation, reviewed the purpose of the WCIDA.  The mission is to promote Wayne County using appropriate resources to help create and retain jobs by attracting new business and through the expansion of existing business making Wayne County the preferred location for business and employment.

8:00 PM – PUBLIC HEARING – GERALD VANHOUTE – SPECIAL USE PERMIT

RESOLUTION NO. 246 (01)  WAIVE READING OF LEGAL NOTICE
RESOLVED the Board waives reading of the legal notice published in the July 9, 2001 issue of the Times.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Gerald VanHoute has submitted a request for a Special Use Permit to operate a masonry  company at 1508 Alderman Road.  Mr. VanHoute has a couple employees and three (3) trucks.  He is a mason contractor and would like to store equipment and sand.  The business has been in operation for two (2) years.  The property consists of 12.5 acres.

Letters in support of the application were submitted by Mr. & Mrs. Warren Jordan, Art & Lynne Elting, Darwin & Betty Allison and David Autovino.

Gary Davis, 1363 Alderman Road – This is a commercial business in a rural area.  Concerns were storage, the creek, noise, dirt, and how busy the area is.

Donna Davis, 1363 Alderman Road – The same concerns

Harley McFarland, 2187 Creek Road – Trucks are outside and this is a commercial business in the countryside.

Walker Lee, 1999 Leno  - Strongly opposed the application.  This is an Agricultural/Residential area.

Kenneth Amidon, 1538 Alderman Road – Spoke in favor of Mr. VanHoute.

Ronald Valentine, representing Mr. VanHoute, stated that the application has been before the Planning Board twice and received a positive recommendation on June 28, 2001.

The Planning Board reviewed the application for the project on June 25, 2001 and offered a positive referral to the Town Board for a Special Use Permit to operate a small masonry company at that location.
The Planning Board discussed the following issues:
1. The front buffer should be at least 30’ in width from the right of way.
2. The fill that has been brought in to this location should be graded off and seeded and no further fill should be brought in until an engineer review plan has been submitted and a fill permit granted.

Mike Wadsworth, 1454 Alderman Road  - Was not opposed, but was concerned the business would grow.

Councilperson Kenyon explained that a Special Use Permit is renewed annually.  Any issues can be brought up at renewal time.

Ronald Valentine - $3,000 worth of trees have been planted as a buffer.  1,200 or 1,300 feet of land has been cleaned up.

Councilperson Maul asked if Mr. VanHoute would welcome site visits.

Mr. VanHoute – Anytime

All persons desiring to be heard, having been heard, the public hearing was closed.

RESOLUTION NO. 247 (01)  PUBLIC HEARING CLOSED
RESOLVED that the Public Hearing be closed at  8:38 p.m.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

The Board will not act on the  application until the next meeting.  This will allow anyone to address any  issues in  writing to the Supervisor and allow the Board to review the site.

RESOLUTION NO. 248 (01) CANAL/TRAIL PURCHASES
RESOLVED that the Macedon Town Board authorizes Bill Rider to make the following purchases to be expensed from Canal/Beautification B8510.200:

1. Mini-Vox handheld P.A. System from Langie Audio-Visual Co. Inc. at the state contract price of  $275. (Item will be stored on Town premises and shared by town as a whole).
2. WP – 1000 Echo Water Pump for lawn and planting irrigation from Bob James Equipment at a cost of $263.20 to allow for the watering of trees, shrubs and other plantings along the canal and trail areas.

And be it further

RESOLVED that the Town Accountant be authorized to make a budget adjustment transferring monies from B8510.400 (Contractual) to B8510.200 (Equipment) to cover said expenses.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 249 (01)  BUDGET ADJUSTMENTS AND TRANSFERS
RESOLVED the Board authorizes the following budget adjustments and transfers:
                 Debit   Credit
A 0599     Appr. Fund Balance                       12,450
A 0960     Appropriations        12,450
A9901.9   Interfund Transfer     12,450

HA 0510  Estimated Revenues  12,450
HA 5031  Interfund Transfer  12,450
HA 0960  Appropriations      12,450
HA 1440.402   Engineering Fees – Town Complex   12,450

To record budget adjustment for transferring the monies remaining from the Nozzolio Grant received 12/14/2000 ($15,000-2,550 transferred 12/2000) = 12,450.
For “Pre-Fire” engineering fees for the Town Complex.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 250 (01)  SPECIAL BOARD MEETING
RESOLVED the Board schedules a Special Board Meeting on August 16, 2001 at 7:00 p.m. to discuss the new Town Hall.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 251 (01)  EXECUTIVE SESSION
RESOLVED the Board enters Executive Session to discuss possible litigation.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Councilperson Morrison was asked to excuse himself.

RESOLUTION NO. 252 (01)  OPEN SESSION
RESOLVED the Board return to Open Session at 10:38 p.m.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

RESOLUTION NO. 253 (01)  BULLIS LIBRARY COLELCTION INVENTORY – HAMELL
RESOLVED the Board appoints Jeremiah Hamell to inventory the Bullis Library Collection retroactive to 6/20/2001 at a rate of $10/hour to be expensed from HA1621.00 – Complex fire – salary.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  HAMMOND AYE,  KENYON AYE,  MAUL AYE,
                                     MORRISON AYE,  EDDY AYE  MOTION CARRIED

Councilperson Morrison presented the following motion:
BE IT RESOLVED that the Town Board authorizes the proper authority to take water and soil samples from the former Town of Macedon Landfill on Quaker Road and the former Village Landfill at the corner of Quaker and Canandaigua Road to determine if there is or is not contamination migration from these landfills.   And if there is.  And if there is, is there an adverse effect as to the environment and natural resources or to the public health, safety and general welfare to our residents.

There was no motion or second.

Councilperson Kenyon left the meeting at 10:50 p.m.

MOTION BY HAMMOND,  SECONDED BY MORRISON THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 11:14 PM.
 
 

                                                                                               _____________________________________
                                                                                               Judy W. Gravino, Town Clerk