tb-dec20-01

NO. 32 PAGE 1
DECEMBER 20, 2001
WEB SITE http://hometown.aol.com/macedontown

The Regular Meeting of the Town Board of the Town of Macedon held December 20, 2001 at the Macedon Town Hall, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William E. Eddy at 7:30 p.m.

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

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

Absent: Councilperson…………….David Maul

Also present were:
                                  Town Clerk………………...Judy Gravino
                                  Building/Zoning Officer…...Mario Fioravanti
                                  Town Attorney……………..Anthony Villani

REPORTS – The Supervisor presented the following:
        Appropriation Ledger – November 30, 2001
                     Macedon Recreation Report
                     Macedon Police Report November 1, 2001
                     Gray Certified Public Accounting Audit
                     Sewer Report – John Gravino
       Town Clerk’s November Monthly Report

RESOLUTION NO. 350 (01) APPROVAL OF REPORTS
RESOLVED the reports submitted be approved.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 351 (01)   APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of November 8, 2001 with the following correction: Dan Dandino should read David Dandino.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE,   KENYON AYE, MAUL ABSENT,
                                     MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 352 (01) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of November 15, 2001 as presented.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 353 (01) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of November 27, 2001 with the following correction:
     RESOLUTION NO. 348 (01) ORGANIZATIONAL MEETING – January 3, 2002
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE,   KENYON AYE, MAUL ABSENT,
                                     MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 354 (01) ASSESSING REVIEW BOARD MEMBER – STOWELL
RESOLVED the Town Board appoints Gary Stowell to the position of Assessing Review Board Member retroactive to October 1, 2001, term to expire September 30, 2006.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 355 (01) SNOW & ICE AGREEMENT WITH COUNTY
RESOLVED the Town Board approve of and authorizes the Supervisor to sign said contract between the Town of Macedon and the County of Wayne for snow and ice control services within the Town of Macedon on county roads to expire May 30, 2002.
MOTION BY KENYON,   SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE,   KENYON AYE, MAUL ABSENT,
                                     MORRISON AYE, EDDY AYE MOTION CARRIED

NO. 32 PAGE 2
DECEMBER 20, 2001

RESOLUTION NO. 356 (01) TIME WARNER CABLE FRANCHISE
WHEREAS, Time Warner Entertainment-Advance/Newhouse Partnership, (hereinafter, Time Warner Communications), requested consideration for renewal of the Town of Macedon’s Cable Television Franchise Agreement; and

WHEREAS, Time Warner Communications has submitted a renewal agreement for the extension of the Cable Television Franchise with the Town of Macedon; and

WHEREAS, a Public Hearing for the discussion of that agreement was duly held on the 13th day of November 2001 by the Wayne County Board of Supervisors, with no opposition being expressed; and

WHEREAS, the Town Board believes it to be in the best interest of the residents of the Town to accept such agreement;

NOW, THEREFORE BE IT RESOLVED; That the Supervisor of the Town is hereby authorized to sign the renewal of the Town of Macedon’s Cable Television Franchise Agreement with Time Warner Communications for and on behalf of the Town of Macedon.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

Frank Enos thanked the Town Board and the Highway Superintendent Richard Roets for the beautiful job on the drainage.

RESOLUTION NO. 357 (01) 2001 CLOSING OF BOOKS
RESOLVED that the Accountant Kim Leonard be authorized to make any necessary adjusting and budgetary journal entries in closing the 2001 fiscal year.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

Attorney Anthony Villani entered at 7:36 p.m.

The Town would like to convey a parcel of land to the school district, which the school will improve. The Town will retain rights to ingress and egress. The parcel will be an 80 feet by 280 feet deep rectangle. This will allow the school district to extend their bus loop. The proposal is subject to a permissive referendum.

RESOLUTION NO. 358 (01) PALMYRA-MACEDON - LAND CONVEYED
WHEREAS, the Town of Macedon owns property situate in Town Lot 30, Village of Macedon, County of Wayne, State of New York, including 0.513 acres shown on a map entitled “Parcel of Land to be Conveyed by the Town of Macedon to the Palmyra-Macedon School District” prepared by Costitch Engineering, P.C., Drawing NO. 3033-01, dated November 21, 2001, and as more fully described in “Description of Lands to be Conveyed to Palmyra-Macedon School District” of Costitch Engineering, P.C. dated December 3, 2001, annexed hereto as Exhibit “A” and made a part hereof, and

WHEREAS, the Town of Macedon has agreed to convey said 0.513 acres described above and set forth in detail in Exhibit “A” to the Palmyra-Macedon Central School District and the Palmyra-Macedon Central School District has agreed to accept the same, subject to retained right of the Town of Macedon to enter said property for ingress and egress to its remaining property, now therefore

BE IT RESOLVED, subject to permissive referendum, that the Town Board of the Town of Macedon hereby authorizes and directs the Supervisor of the Town of Macedon, on behalf of the Board, to take all actions necessary to convey, transfer to, execute and deliver and, where appropriate, cause to be filed or recorded of record, any and all documents on behalf of the Town of Macedon as may be necessary or proper for the purpose of conveying, executing and delivering marketable title to the Palmyra-Macedon Central School District, with consideration being that the School District agrees it will extend its existing ingress and egress to contiguous school property making necessary improvements ultimately will befit the Town’s right of ingress and egress which is retained herein, all that tract and parcel of land consisting of said 0.513 acres owned by the Town of Macedon having Tax Account Number 30111-07-649854, shown on map entitled “Parcel of Land to be Conveyed by the Town of Macedon to the Palmyra-Macedon Central School District” prepared by Costitch Engineering, P.C., Drawing No. 3033-01, dated November 21, 2001, and as more fully described in “Description of Lands to be Conveyed to Palmyra-Macedon School District” of Costitch Engineering, P.C. dated December 3, 2001, annexed hereto as Exhibit “A” and made a part hereof, and it is further

RESOLVED, that the Town of Macedon shall retain a right to enter said property for ingress and egress to its remaining property.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED
NO. 32 PAGE 3
DECEMBER 20, 2001

The meeting scheduled on December 13, 2001 was rescheduled on December 20, 2001 due to the agenda not appearing in the Times.

RESOLUTION NO. 359 (01) SPEZIO - REGIONAL SAND & GRAVEL –
WALWORTH ROAD

RESOLVED that renewal is granted to Joseph Spezio for a Mining Permit located on the West Side of Walworth Road to expire December 31, 2002 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 2002. 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-dollar 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 2004. 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 Engineer dated November 7, 2001 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 CAL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON NAY, EDDY AYE MOTION CARRIED

NO. 32 PAGE 4
DECEMBER 20, 2001

RESOLUTION NO. 360 (01) MC PHERSON – MINING OPERATION – DAANSEN ROAD
MC PHERSON – MINING OPERATION – DAANSEN ROAD

RESOLVED that renewal is granted to Don McPherson for a Mining Permit located on the East Side of Daansen Road to expire December 31, 2002 subject to:

(4) Only that area described in the application and plans submitted shall be utilized.

(5) No topsoil shall be removed from the site.

(8) All utilities shall be underground.

(9) The permit shall be nontransferable.

Special Conditions:

(1) Any and all conditions as addressed in the letter from Town Engineers dated November 7, 2001 must be complied with.

(2) Truck traffic to enter and exit from the north only, except for local delivery purposes.

(3) Statement from the owner of the property authorizing Don McPherson to mine said premises.

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

NO. 32 PAGE 5
DECEMBER 20, 2001

RESOLUTION NO. 361 (01) MC PHERSON MINING OPEATION - RT. 350

RESOLVED that renewal is granted to Don McPherson for a Commercial excavation operation on the East Side of NYS Route 350 south of NYS Route 31F on tax parcel 30112-00-890549, to expire December 31, 2002 subject to:

(4) Only that area described in the application and plans submitted shall be utilized.

(5) No topsoil shall be removed from the site.

(8) All utilities shall be underground.

(9) The permit shall be nontransferable.

Special Conditions:

(1) Any and all conditions as addressed in the letter from the Town Engineer dated November 7, 2001 must be complied with.

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

Councilperson Morrison objected to resolutions 359-361 because he felt a Salvage, Recycling, Screening, Processing & Composting Permit should also be required by his interpretation of the code.

NO. 32 PAGE 6
DECEMBER 20, 2001

RESOLUTION NO. 362 (01) YOUNG – AEY ENTERPRISES – DAANSEN ROAD

RESOLVED that renewal is granted to Michael Young for a Mining Permit located on the West Side of Daansen Road to expire December 31, 2002 subject to:

(1) 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.

(2) Permit renewal will be considered in December of 2002. 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.

(3) Only that area described in the application and plans submitted shall be utilized.

(4) No topsoil shall be removed from the site.

(5) 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.

(6) 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-dollar aggregate.

(7) All utilities shall be underground.

(8) The permit shall be nontransferable.

(9) 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.

(10) 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 2004. 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 Engineer dated November 7, 2001 must be complied with.

MOTION BY KENYON, SECONDED BY HAMMOND

A letter dated December 20, 2001 from Paul Kukuvka was read regarding the mining renewal permit on Daansen Road. Building/Zoning Officer, Mario Fioravanti stated that a mulching operation was found on the property without a permit.

RESOLUTION NO. 363 (01) TABLE RESOLUTION NO. 362 (01) YOUNG – AEY ENTERPRISES
RESOLVED to table RESOLUTION NO. 362 (01) YOUNG – AEY ENTERPRISES – DAANSEN ROAD.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 364 (01) AT&T – WALWORTH ROAD
RESOLVED that the Town Board grants a Special Use permit to AT&T for the purpose of an Essential Service on Walworth Road, to expire December 31, 2002.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

NO. 32 PAGE 7
DECEMBER 20, 2001

RESOLUTION NO. 365 (01) MORRISON EXCAVATION – QUAKER ROAD
RESOLVED the Town Board authorizes the renewal of the Tom Morrison Special Use Permit for composting/mulching and hauling operation on Quaker Road and be it further

RESOLVED that the same is hereby granted subject to conditions in the Town of Macedon Zoning Ordinance and Local Law No. 2 (92) Salvage, Recycling, Screening, Processing, and Composting Operation Law as well as the conditions and requirements set forth by the Town Planning Board limiting materials to be processed on site to soil and leaves and be it further

RESOLVED that said Special Use Permit shall expire December 31, 2002.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 366 (01) MACEDON LANDSCAPING – N. WAYNEPORT ROAD
RESOLVED that renewal is granted for the Robert Murphy Special Use Permit for the purpose of screening and hauling on the west side of Wayneport Road as depicted on the plans, diagrams and maps heretofore filed with the Town Code Enforcement Officer to expire December 31, 2002 subject to the following:

1. The project shall be operated in accordance with the provisions of Section 135-187 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.
2. Only the area described in the application and plans submitted shall be utilized.
3. No material shall be excavated, removed or processed from any holdings of Robert Murphy from the site without prior approval from the Town of Macedon. The purpose of this permit is for the processing of materials transported to this site.
4. Permit renewal will be considered in December of 2002. An annual inspection shall be required to be scheduled with the Town and Design Engineer by the Operators by October 10 of each year preceding 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.
5. The site will be open for inspection at all times. The Town Engineer shall inspect the subject premises annually and file a written report of said inspection with the Town Code Enforcement Officer attesting to compliance and any and all other restrictions as may be impose by the Town Board from time to time.
6. The applicant shall provide a letter of credit in the amount of $2,000 per acre in a form to be approved by the Town Attorney.
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-dollar aggregate.
8. All utilities shall be underground.
9. The permit shall be nontransferable
10. The applicant shall pay the Town Clerk a regulatory fee of $.04 per ton for all material transported from the 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 material removed, a minimum regulatory fee of $300 shall be imposed prior to renewal of permit.
11. Any and all conditions that may be addressed by the Town Engineers or Town of Macedon must be
       complied with or the permit will be revoked and/or stop work order will be issued and no further
       processing operations will be allowed until conditions are acceptable with the Building Office
MOTION BY HAMMOND, SECONDED BY KENYON

A letter dated December 19, 2001 signed “ A concerned Wayneport Community” was read. The Building/Zoning Officer has not received any complaints in his office.

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

RESOLUTION NO. 367 (01) TOWN CODE CHAPER 135-187 REVIEW
RESOLVED the language of the Town Code Chapter 135-187 be reviewed due to contents being subject to some interpretation.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

Highway Superintendent entered the meeting at 8:30 p.m.

NO. 32 PAGE 8
DECEMBER 20, 2001

RESOLUTION NO. 368 (01) GIAMMARVA – J.T.’S DRIVE IN CAR SHOP – FREY ROAD
RESOLVED that the Town Board of the Town of Macedon approves the renewal of a Special Use Permit to John and Christina Giammarva to operate an auto repair shop located at 688 Frey Road, adjacent to the intersection of Frey Road and Route 31F to expire December 31, 2002.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 369 (01) ROCHESTER AERO MODELING SOCIETY – RT 31F
RESOLVED that the Town Board authorize the renewal of a Special Use Permit for Commercial Recreation Low-Density Use to Rochester Aero Modelers for the purpose of operating a radio controlled model aircraft field to expire December 31, 2002 located at 2529 Macedon Center Road subject to any and all conditions or restrictions as may be imposed by the Town Board from time to time.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 370 (01) COUNTY LINE RACEWAY – RT. 31
RESOLVED that the Town Board grants the renewal of a Special Use Permit to County Line Raceway for Commercial Recreation, go-cart track, at the northwest corner of Route 31 and Wayneport Road subject to:
1. All requirements on the approved map dated September 16, 1996
2. Restroom facilities to meet DOH/Public Health Codes
3. Fueling facility/equipment to meet all fire codes
And be it further

RESOLVED that the Special Use Permit will expire December 31, 2002.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 371 (01) DREWS - DAN’S SERVICE CENTER – RT. 31F
RESOLVED the Town Board grants the renewal of a Special Use Permit to Dan Drews for an Auto Repair Shop located on Route 31F approximately 600 feet west of Frey Road with any conditions set forth by the Planning Board to expire December 31, 2002.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 372 (01) BECKENBACH – EMPIRE AUTO SALVAGE – CREEK ROAD
RESOLVED the Town Board grants the renewal of a Special Use Permit to James Beckenbach with any and all prior conditions set forth by the Planning Board and Town Board specified in the original permit and will expire December 31, 2002 and thereafter subject to renewal in accordance with the practice, procedure, and laws of the Town of Macedon.
MOTION BY HAMMOND, SECONDED BY KENYON
Discussion followed regarding the requirement of a SPEDES Permit. Mr. James Beckenbach submitted a letter dated December 17, 2001 addressing all permit requirements for DEC. (Copy attached)
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 373 (01) CROWN CASTLE – RT. 31F CELL TOWER
WHEREAS, Crown Castle (formerly Frontier Cellular) did receive a Special Use Permit from the Town Board of the Town of Macedon on September 28, 1995 for the construction and operation of a communication tower at a location on Macedon Center Road approximately 2,000 feet south of Scott Road, being the property known as Science Hill, and

WHEREAS, said special use permit does expire on its own terms on December 31, 2001 and Crown Castle requests that said permit be renewed, and

WHEREAS, Crown Castle (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:

NO. 32 PAGE 9
DECEMBER 20, 2001

1. That the special use permit granted to Crown Castle (formerly Frontier Cellular) be, and the same hereby is renewed and will expire December 31, 2002 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 shall allow co-location of other utilities or companies providing similar services, provided that
a. There is not interference with existing equipment on the tower
b. The utility or company wishing to co-locate pay prorata for the cost of operating the site and pays for the cost of co-locating on the site (including reinforcing or replacing the then existing tower if necessary), and
c. The utility or company wishing to co-locate provides a load study acceptable to the Town and the applicant showing that the tower can safely accommodate the co-locator’s equipment
d. That the company wishing to co-locate allows reciprocal privileges to co-applicants.
e. Tower owners are required to provide a list of co-locators/tenants including contact information prior to reissuance
That the applicant accepts the terms and conditions of the permit in writing prior to its reissuance
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 374 (01) SPINNERS OUTDOOR EXTREME SKATING
RESOLVE the Board approve the SUP for Spinners Outdoor Extreme Skating Park with the following recommendations from the Planning Board to be adhered to:
(1) No additional exterior lighting will be added to the site.
(2) No outdoor PA systems or music will be used. Skaters will be allowed to use individual headsets to listen to music.
(3) The operation will be fenced in and contained within the paved parking area south of the building.
(4) The operation will be seasonal, from April 1-October 31
(5) The hours of operation will conform to the current operations inside the building:
Sunday-Thursday until 10 PM
Friday and Saturday until 11 PM
(6) During off-season times, the skate park and fencing will be removed from south parking area and stored at an indoor location. Fencing to be 6 ft. chain link portable pedestal
(7) Loss of existing parking areas shall be compensated with land banked parking on the west side of the service road, at the direction of the Town Code Officer
(8) Sanitary and drainage easements must be on file
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 375 (01) EXECUTIVE SESSION
RESOLVED the Board enters Executive Session to conduct interviews at 8:45 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON NAY, EDDY AYE MOTION CARRIED

RESOLUTION NO. 376 (01) OPEN SESSION
RESOLVED the Board return to Open Session at 9:42 p.m.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

RESOLUTION NO. 377 (01) SBA NETWORK SERVICES, INC. – WILSON ROAD CELL TOWER
WHEREAS, Sprint Spectrum/SBA previously received a special use permit from the Town Board of the Town of Macedon for a Special Use Permit to construct a wireless telecommunication facility, consisting of a 195 foot self supporting structure and base station equipment at the base thereof, on a parcel of land (the “Site”) to be leased from Richard and Margaret Baker, the record owners thereof, known as 1382 Wilson Road, identified as part of Town of Macedon Tax Map Parcel No. 29111-00-532480 (the “Host Property”), and located in a R-30 District pursuant to the Zoning Law; and

WHEREAS, said special use permit does expire of its own terms on December 31, 2001 and Sprint Spectrum/SBA requests that said permit be renewed, and

WHEREAS, Sprint Spectrum/SBA has shown compliance with the terms and conditions of permit issuance and the absence of significant negative environmental consequences of the specially permitted activity,

NO. 32 PAGE 10
DECEMBER 20, 2001

NOW, THEREFORE, BE IT RESOLVED as follows:

1. That the Special Use Permit granted to Sprint Spectrum be, and the same hereby is renewed to expire December 31, 2002 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 shall allow co-location of other utilities or companies providing similar services, provided that
a. There is no interference with existing equipment on the tower
b. The utility of company wishing to co-locate pay prorata for the cost of operating the site and pays for the cost of co-locating on the site (including reinforcing or replacing the then existing tower if necessary), and
c. The utility or company wishing to co-locate provides a load study acceptable to the Town and the applicant showing that the tower can safely accommodated the co-locator’s equipment
d. That the company wishing to co-located allow reciprocal privileges to co-applicant
e. That all stipulations specified in original permit (Resolution No. 337 (97) are met
f. Tower owners are required to provide a list of co-locators/tenants including contact information prior to reissuance
4. That the applicant accepts the terms and conditions of the permit in writing prior to its reissuance.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: HAMMOND AYE, KENYON AYE, MAUL ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

Presentations were given by Bruce Chapman, Chapman Insurance Agency and Carla Cleary, Eastern Shore Associates regarding municipal insurance.

Attorney Anthony Villani requested the Clerk distribute copies of the proposed Intermunicipal Agreement for Use of Operations And Maintenance Facility.

ABSTRACT NO. 12-01
CLAIM NOS. 4299 – 4501                          EXPENDITURES IN THE AMOUNT OF $455,520.11
                                                  DEBITS              29,972.70
                                         TOTAL          $425,547.41

RESOLUTION NO. 378 (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 ABSENT,
MORRISON AYE, EDDY AYE MOTION CARRIED

MOTION BY KENYON, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:20 PM.

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Judy W. Gravino, Town Clerk, RMC