The Regular Meeting of the Town Board of the Town of Macedon held April 11, 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
                                               Supervisor…………………..William Hammond

Absent:                                  Councilperson……………….Kenneth Nawrocki

Also Present:
                                               Attorney…………………….Anthony Villani
                                               Town Clerk…………………Judy Gravino

REPORTS – The Supervisor presented the following:
1. Building & Zoning 1st Quarter 2002 Report
2. Macedon Police Department Accident Report dated 4/3/02
3. Appropriation Ledger  as of 3/31/02
4. Macedon Police Report March 2002
5. Planning Board Minutes of March 11, 2002 and March 25, 2002

RESOLUTION NO. 103 (02)  APPROVAL OF REPORTS
RESOLVED the reports submitted be approved.
MOTION BY KENYON,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

Supervisor Hammond asked for public comment on anything not on the agenda.  Hearing none the Board continued.

CORRESPONDENCE – The Supervisor presented the following:
1. The 2002 Cropwalk for the Hungry will be held May 5 at 1:30 p.m. starting from the Palmyra Village Park.
2. A letter dated March 28, 2002 from Stacey Perez, President of the Macedon Library Board of Trustees to Mr. Paul Rubery regarding the Bullis Collection.
3. The Habitat Hammer March 2002
4. NYMIR’s procedures for registration of municipal vehicles
5. Informational letter from Digital Towpath regarding their online program for web sites
6. Village of Macedon Board Meeting Minutes of 3/13/02, 3/27/02 & 4/2/02
7. NYS Office of the State Comptroller & Assoc. of Towns presentation scheduled 4//25/02 on Avoiding Conflicts of Interest
8. A letter from MRB dated 4/8/02 regarding MRB Group Records.  MRB will continue to maintain the past project files.  Files can be viewed or copies made upon request.
9. Reminder – The Board will tour the Canal Trails on April 20, 2002.
10. Letter from Kevin Gregory regarding the proposed self-storage facility

RESOLUTION NO. 104 (02)  RECORDS MANAGEMENT SOFTWARE SUPPORT
RESOLVED the Town Board authorizes the Town Clerk to enter into a contract with Williamson Law Book Company for Records Management Annual Software Support from 03/01/02 to 02/28/03 at a cost of $200 to be expensed from A1460.400 and be it further

RESOLVED that the Town Clerk is authorized to sign Software License Agreement.
MOTION BY MAUL,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 105 (02)  SPINNERS SPECIAL USE PERMIT REQUEST REFERRED TO
                                                 PLANNING
RESOLVED the Town Board refers the Spinner’s Special Use Permit request to expand its Extreme Skate Park Facilities to the Planning Board.
MOTION BY COLLINS,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED
 
 
 
 
 
 

NO. 8           PAGE 2
APRIL 11, 2002

RESOLUTION NO. 106 (02)  PUBLIC HEARING TO AMEND SECTION 34-2 OF THE TOWN CODE
                                                  SET
WHEREAS a local law amending Section 34-2 of the Code of the Town of Macedon which would change the definition of “substantial area” or “substantial portion” of an Adult Bookstore and Adult Entertainment Establishment from 50% of business or activity to 10%, being proposed Local Law No. 1, 2002, a copy of which is attached hereto, was introduced at this meeting of the Macedon Town Board and

WHEREAS the Town Board desires to hold a public hearing with respect to the adoption of said Local Law,

NOW, THEREFORE, BE IT RESOLVED that a public hearing be held by the Macedon Town Board with respect to the adoption of the aforesaid Local Law at 8 p.m. on May 9, 2002, at 1675 North Wayneport Road, Macedon, New York and it is further

RESOLVED that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law.
MOTION BY KENYON,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED
 

RESOLUTION NO. 107 (02)  ACCOUNTANT SCHOOLING
RESOLVED that the Town Board authorizes Kim Leonard, Town Accountant to attend the Second Annual Town Finance and Management School in Saratoga Springs May 15, 2002 – May 17, 2002 at a cost not to exceed $400 to be expensed from A1320.400.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

Highway Superintendent Roets entered the meeting at 7:40 p.m.

RESOLUTION NO. 108 (02)  ANIMAL CONTROL CONTRACT
BE IT RESOLVED the Supervisor is authorized to sign the dog control agreement for Joint Animal Control Service from January 1, 2002 to December 31, 2002.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 109  (02)  HIGHWAY LOADER PURCHASE
BE IT RESOLVED that the Macedon Town Board authorizes Richard Roets, Highway Superintendent, to purchase a 1977 John Deere 450C Dozer with 3300 hours at a cost of $12,000 to be expensed from SD8540.2 and be it further

RESOLVED that $12,000 be transferred from SD8540.4 to SD8540.2
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 110 (02)  ALDRICH CHANGE BRIDGE PLACEMENT AUTHORIZATION IN
                                                  AQUEDUCT PARK
WHEREAS, the Aldrich Change Bridge was donated to the Town of Macedon and the Town of Macedon has been and is an integral part of the bridge’s use and history;  and

WHEREAS, the Village of Palmyra received funding from HUD’s Canal Corridor Initiative in the amount of $232,000 for the Aldrich Change Bridge project, with $210,000 designated for the restoration of the Aldrich Change Bridge (“Bridge”) and includes provision for displaying the Bridge in Wayne County’s Palmyra-Macedon Aqueduct Park (“Park”); and

WHEREAS, the Bridge is considered by many canal historians and bridge restoration experts to be one of the most unique and historically significant projects of its kind and it is expected to generate substantial tourism interest, which is one of the goals of the overall Canal Corridor Initiative; and

WHEREAS, the recent Randall Travel Marketing report has highlighted the Erie Canal as having extremely high international recognition, and has noted that Canal Villages and Canal history hold tremendous potential for the tourism industry in Wayne County and the Finger Lakes region; and

WHEREAS, the Bridge is being built to be historically correct while including safety features such as a railing system built to specifications from Clough Harbour & Associates; and

WHEREAS, the maintenance of the Bridge has been defined and will not require extraordinary efforts once the Bridge has been placed, that the procedure for placement of the Bridge has been outlined to include:
q Building of the Bridge abutments by Nicoletta Construction to start on April 8 and be completed in no more than two months time;
q Re-assembling of the Bridge by volunteers on the ground parallel to the abutments during the early summer;
NO. 8          PAGE 3
APRIL 11, 2002

q Lifting of the Bridge onto the abutments by Canal Corporation;
q Decking of the Bridge by volunteers;
q Railing installation; and

WHEREAS, the Town of Macedon will be indemnified through amendments to the Village of Palmyra’s contracts by the contractors, Nicoletta Construction and Clough Harbour and Associates, the area of construction will be fenced initially by Nicoletta Construction and later by Wayne County Parks Department; and

WHEREAS, the volunteers will be insured through a Canal Corporation work permit for trails under the Canal Trails Association of New York program; and

WHEREAS, the Friends of the Aldrich Change Bridge, a not-for-profit corporation, has received a donation of an appropriate pump to be used in the future as part of a water element under the Bridge to present a clear picture for historic interpretation of the Erie Canal and the use of change bridges and the design of the water element has been completed by Clough Harbour using grant funding secured by Wayne County for such a purpose; now, therefore, be it

RESOLVED, that the activities to date are ratified and the placement of the Aldrich Change Bridge in Aqueduct Park is authorized; and, be it further

RESOLVED, that the stipulations to be designated for the water element by Wayne County, i.e. that the water element may be developed at such time in the future as the Friends of the Aldrich Change Bridge have developed a detailed budget for such development according to the aforementioned plans; the money for the entire water element, including placement of the pump, the electric for the pump, the placement of all pipes, the construction of the prism, placement of necessary plantings, sidewalks and other amenities that have been outlined by the plan, has been raised with 15% contingency; and , a reserve fund has been established by the group equal to the replacement cost of the pump that may be used for such replacement or for major repairs to the pump if required, are supported by the Town of Macedon; and, be it further
 

RESOLVED, that the Town of Macedon intends to enter into an agreement with Wayne County whereby the Town will maintain the bridge itself, as owner of the bridge, and Wayne County will maintain the surrounding area, such agreement to be developed to include the necessary indemnifications and be entered into contingent upon board and attorney approvals.
MOTION BY MAUL,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 111 (02)  RECREATION SUMMER HELP ADVERTISEMENT
BE IT RESOLVED the Town Board authorizes the Town Clerk to advertise for part-time summer help for Recreation.
MOTION BY KENYON,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL NAY,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

The barn at 30 Main Street was dismantled today.

RESOLUTION NO. 112 (02)  GANANDA SCHOOL OPERATION & MAINTENANCE AGREEMENT
RESOLVED the Town Board authorizes the Supervisor to enter into an Operation & Maintenance Agreement with Gananda Central School District.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 113 (02)  PALMYRA-MACEDON CENTRAL SCHOOL WARRANTY DEED
RESOLVED that there being, according to the certificate of the Town Clerk, there being no request for a permissive referendum the Supervisor be authorized to convey to Palmyra-Macedon Central School District the parcel of land subject to retained easements as shown on the map by Costitch Engineering dated November 21, 2001.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 114 (02)  EXECUTIVE SESSION
RESOLVED the Board enter Executive Session at 8:24 p.m. to discuss possible litigation.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 115 (02)  OPEN SESSION
RESOLVED the Board return to Open Session at 9:50 p.m.
MOTION BY COLLINS,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED
NO. 8          PAGE 4
APRIL 11, 2002

ABSTRACT NO. 4-02
Claim Nos. 4121                   Expenditures in the amount of $100.00
4981-5123 $149,858.07
                                                      CREDIT             (4.52)
                   TOTAL                                                        $149,953.55

RESOLUTION NO. 116 (02)  PAYMENT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY COLLINS,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 117 (02)  SEASONAL GROUNDSKEEPER APPOINTED
RESOLVED the Town Board authorizes the Highway Superintendent to hire Elmer Clark as Seasonal Groundskeeper from April 15, 2002 to October 15, 2002 at a rate of $9.47/hour.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL NAY,
                                     NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

MOTION BY HAMMOND,   SECONDED BY KENYON THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 9:55 PM.
 
 

      _________________________________________
      Judy W. Gravino, RMC
      Macedon Town Clerk