NO. 5           PAGE 1
FEBRUARY 28, 2002
WEB SITE http://hometown.aol.com/macedontown

The Regular Meeting of the Town Board of the Town of Macedon held February 28, 2002 at the Town Complex, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William H. Hammond at 7:30 p.m.

Pledge of Allegiance.

Upon Roll Call, the following members of the Board were present:
                                               Councilperson………………Dean Collins
                                               Councilperson………………Paul Kenyon
                                               Councilperson………………David Maul
                                               Councilperson………………Kenneth Nawrocki
                                               Supervisor…………………..William Hammond
Also Present:
                                               Attorney…………………….Tony Villani
                                               Highway Superintendent……Richard Roets
                                               Town Clerk…………………Judy Gravino

RESOLUTION NO. 76 (02) APPROVAL OF MINUTES
RESOLVED the minutes of February 14, 2002 be approved as presented.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

REPORTS – The Supervisor presented the following reports:
Planning Board Minutes of February 11, 2002
Macedon Recreation Monthly Report

RESOLUTION NO. 77 (02)  APPROVAL OF REPORTS
RESOLVED the reports submitted be approved.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

CORRESPONDENCE – The Supervisor presented the following:
1. Time Warner Cable – Announcing their 13th annual Time Warner Cable National Teacher Awards
2. 2002 New York State Department of State Local Government Spring Training Schedule
3. Library – Letter to the editor dated 2-19-02 from Darlene Virkler responding to a recent editorial on keeping the public in “Macedon  Public Library”
4. Robert Oaks – Letter dated 2-14-02 listing dates and topics of his scheduled meetings in the area.  He will be at the Palmyra Town Hall, 1180 Canandaigua Road, on March 2,2002 at 1:30 p.m.
5. Town Engineer/Building Inspector – draft copy of the civil service specification
6. Chemung Supply Corporation – Letter regarding an outstanding invoice #01-10005-OSW dated October 02, 2001 totaling $15,560.28.  Highway Superintendent sent Richard Struzzi a letter requesting the invoice be paid by March 1.  Items consisted of drainage pipe, bands and PVC drain basins.
7. Farmland Preservation – Letter from Ora Rothfuss regarding grant opportunities for Macedon landowners.  A tentative meeting has been scheduled April 1, 2002 at 7:30 p.m. at the Macedon Town Complex.  The Clerk was directed to publish a legal notice.
8. Lock 60 Floating Dock Reimbursement – Payment in the amount of $1,209.50
9. Habitat for Humanity newsletter February 2002
10. Firefighters Grant Program – Senator Schumer announced the application period will open March 1, 2002 and will close on April 1, 2002.
11. Village of Macedon – January 9, 2002 Regular Meeting
12. Village of Macedon – January 23, 2002 Meeting
13. Traffic Light Request – Petition for a traffic light at Route 31 & Yellow Mills Road and caution light at Creek Road & Yellow Mills Road
14. Route 31F – Speed reduction request from Karen Coats
15. Hill Cumorah Pageant Cast Team Community Service Projects – 2002
16. Michael Robinson – Thank you letter for allowing him to speak at the last meeting
17. Library Board Draft Minutes 2-19-2002
 
 
 
 
 
 
 
 
 
 

NO. 5           PAGE 2
FEBRUARY 28, 2002
WEB SITE http://hometown.aol.com/macedontown

PROVIDENCE HOUSING DEVELOPMENT CORPORATION – Hickey Commons: Affordable Rental Housing for Seniors
The project is affordable housing for lower and middle income seniors, 55 years and older.  Rents vary according to income from $265 up to $540, including heat.  The location is an 80-acre planned development off Canandaigua and Victor Roads.  There would be 56 units, 46-1 bedroom, 10-2 bedroom and community space.  Income level must be less than 50% of the area median income.  For two people it is $21,150.  This is a not-for-profit corporation affiliated with Catholic Charities of the Diocese of Rochester.  Providence is requesting a willingness of the Board to consider entering into a payment in lieu of taxes (PILOT) program.  This would run for the longest term of the loan being 30 years.  After the PILOT expires Providence would renegotiate with the Town.  Two (2) full time employees will be employed.  Construction cost would be $4.3 million.  Macedon residents can not be considered over other applicants.  Impact on emergency services was discussed.    The Board will discuss at the March 14, 2002 meeting to enable Board Members to visit existing housing projects.

Steve Watters, Turk Hill Park LLC requested a zoning consideration to allow Calvary Chapel of Fairport to lease office and meeting space at 1675 North Wayneport Road.  Calvary Chapel intends to build a church in the Town of Macedon with 3-5 years.  The church would use the building primarily on Sundays and Monday and Wednesday evenings.  This would be temporary, maximum of 5 years.  There would be no request for assessment reduction due to Mr. Watters owning the building.  Mr. Watters is requesting permission under 135-89C Permitted Principal Uses in the Town Code.

RESOLUTION NO. 78 (02)  WATTERS REFERRAL TO PLANNING
RESOLVED the Town Board refers the Watters/Calvary Chapel zoning consideration to the Planning Board.
MOTION BY NAWROCKI,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 79 (02)  CHIPPER INTERMUNICIPAL AGREEMENT WITH VILLAGE OF
                                               MACEDON
RESOLVED the Town Board approves the Municipal Cooperation Agreement between the Village and the Town of Macedon for the Brush Bandit 200 + XP Chipper John Deere  4045TF – 150, 100-HP Diesel Engine and authorizes the Supervisor to sign said agreement.
MOTION BY KENYON,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 80 (02) ALA AARCHITECTS PROFESSIONAL SERVICES
BE IT RESOLVED the Board authorizes additional services to be rendered by ALA at a cost not to exceed $14,500 to include:
a. Prepare bid documents in AIA format
b. Provide assistance in obtaining bids and/or negotiating with contractors
c. Conduct pre-bid walk through with contractors
d. Answer contractor questions and provide clarification as required
e. Review submittals that are alternates to the products bid.
f. Conduct project meetings at the job site and produce job-meeting minutes
g. Assist in producing phasing plans and schedules, including drawings and diagrams if required
h. Detailed clarifications of the design intent of construction documentation as required by Owner, the Contractor or Furniture Dealer.
As outlined in their fee schedule for the new Town Library and Town Hall
MOTION BY MAUL,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 81 (02)  STILLWATER SPECIAL USE PUBLIC HEARING SCHEDULED
RESOLVED the Board schedules a Public Hearing on March 28, 2002 at 8:00 p.m. to consider the issuance of a Special Use Permit to Stillwater Nursery to operate a small business on the North side of Quaker Road as per section 135-182.
MOTION BY HAMMOND,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

FIRE RELATED ITEMS - Gary Partsch, Paul Davis Restoration, has been storing items salvaged from the fire and house.  He has requested the Town determine which items are to be returned.  If the Town were interested in all the items salvaged from the house the cost would be approximately $1,000.  If the Town is not interested in the marble, windows etc., Paul Davis will keep the items at no cost to the Town.  Councilperson Maul, Councilperson Kenyon and John Gravino will set up an appointment to review items.

ANIMAL CONTROL CONTRACT – Ontario is reviewing the contract.
 

NO. 5           PAGE 3
FEBRUARY 28, 2002
WEB SITE http://hometown.aol.com/macedontown

TOWN HALL/LIBRARY – Councilperson Collins updated the Board on the project.  Elevation diagrams were presented.  March 7, 2002 the Library is holding a meeting.  The next phase will be site grading and utility plans.  A cost for the project should be available at the next meeting.  Councilperson Collins is in the process of applying to the Bullis Fund for a grant.

Attorney Villani determined that a permissive referendum is not necessary to dismantle the barn at 30 Main Street.

RESOLUTION NO. 82 (02)  TOWN BARN DEMOLITION
BE IT RESOLVED that the Town Board declares the Town Barn located at 30 Main Street no longer suitable nor held for a public use and authorize the Supervisor to solicit bids for demolition, removal and site restoration.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Highway Superintendent Roets will hold an open house in April.

RESOLUTION NO. 83 (02)  NICOLETTA BUILDERS PAYMENT APPROVED
BE IT RESOLVED the Town Board authorizes the payment to Nicoletta Builders in the amount of  $109,012.50.
MOTION BY COLLINS,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Highway Superintendent Roets would like to participate in the BOCES Program in May.  They provide two individuals from 12-30-3:00 p.m.  The Board needs to address the summer mowing position.

Councilperson Kenyon discussed the ability of the Town to contribute to the school district for the installation of glass backboards at a cost of $7,800.  Recreation uses these in their programs.  Recreation budgeted to replace the score clock.  Norb Miller researched it and determined refurbishing was less expensive.  Initially the Recreation Committee discussed contributing to the school toward the backboards.
The Town can not make a gift of public money.  Recreation can not operate effectively at the gym without the use of these backboards.  Can the Town participate in the cost without violating the gift of public funds?  The Recreation Commission agreed that $1,500 would be an appropriate amount.  The Board will look into.

It was the consensus of the Board to allow Cider Mill Regional Arts Council to display artwork of local artists at the Town Hall.  The pieces will remain on site for three months and then they will remove them and be replaced by four more.

RESOLUTION NO. 83 (02)  ENTER EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 9:15 p.m. to discuss possible litigation and invited Donna Komor, Assessor to attend.
MOTION BY NAWROCKI,  SECONDED BY COLLINS

MOTION BY COLLINS,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Donna Komor was excused at 10:17 p.m.

RESOLUTION NO. 84 (02)  OPEN SESSION
RESOLVED the Board return to Open Session at 10:45 p.m.
MOTION BY HAMMOND,  SECONDED BY COLLINS
MOTION BY COLLINS,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 85 (02)  STU BROWN ASSOC.- RURAL GRANT APPLICATION
RESOLVED the Town Board authorizes the Supervisor to retain Stu Brown & Assoc. to complete a grant application for Rural Development Grant not to exceed $2,500.
MOTION BY NAWROCKI,  SECONDED BY KENYON
MOTION BY COLLINS,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS ABSTAIN,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED
 
 
 
 

NO. 5           PAGE 4
FEBRUARY 28, 2002
WEB SITE http://hometown.aol.com/macedontown

RESOLUTION NO. 86 (02)  ASSESSMENT APPRAISAL – POGEL
RESOLVED the Town Board authorizes to retain Pogel for three- (3) year appraisal of GL Assoc. for assessment litigation not to exceed $3,500.
MOTION BY COLLINS,  SECONDED BY MAUL
MOTION BY COLLINS,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

MOTION BY KENYON,  SECONDED BY MAUL THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 11:12 PM.
 
 

      ________________________________________
                                                                                       Judy W. Gravino, Town Clerk