NO. 9                                                    APRIL 25, 2002                                                    PAGE 1
                                        WEB SITE http://hometown.aol.com/macedontown

The regular meeting of the Town Board of the Town of Macedon held April 25, 2002 at the Town Highway Barn at 630 O’Neill 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…………………J. Dean Collins
                                  Councilperson…………………Paul Kenyon
                                  Councilperson…………………David Maul
                                  Councilperson…………………Kenneth Nawrocki
                                  Supervisor……………………..William Hammond

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

An open house was held at the Macedon Town Highway Barn prior to the regular meeting.

Supervisor Hammond asked it there was any public comment.

Frank Enos discussed a dog issue in the Timberline and Cornwall area with the Board and the Town Engineer.

RESOLUTION NO. 134 (02)  APPROVAL OF MINUTES
RESOLVED the minutes of March 28, 2002 be approved with the following corrections:
Minutes should be NO. 7
RESOLUTION NO. 117 – Add said employees since 01/01/02
MOTION BY KENYON,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 135 (02)  APPROVAL OF MINUTES
RESOLVED the minutes of April 11, 2002 be approved with the following correction:
RESOLUTION NO. 109 (02)   HIGHWAY DOZER
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI ABSTAIN,  HAMMOND AYE  MOTION CARRIED

REPORTS – The Supervisor presented the following report:
Recreation April 2002 Report

RESOLUTION NO. 136 (02)  APPROVAL OF REPORTS
RESOLVED the report submitted be approved.
MOTION BY MAUL,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

CORRESPONDENCE – The Supervisor presented the following correspondence:
q Governor Pataki announced the availability of grant applications for several of the programs funded under the 1996 Clean Water/Clean Air Bond Act and the Environmental Protection Fund.
q A letter from Senator Nozzolio dated April 8, 2002 thanking Supervisor Hammond for providing the Town’s concerns regarding the level of traffic safety near the intersection of Route 31 and Yellow Mills Road and the speed limit on Route 31F.  Senator Nozzolio has contacted Charles Moynihan, Regional Director of the New York State DOT for his personal review.
q A current Electric & Gas Emergency Call List from Michael Rumancik dated April 12, 2002.
q Councilpersons Maul and Kenyon submitted a list of items to be returned that have been stored at Paul Davis Restoration as a result of the fire.  Paul Davis Restoration will call with an estimate prior to delivery.
q Macedon Public Library April 16, 2002 Minutes.
q A letter from concerned residents regarding the proposed installation of a commercial storage building on Evergreen Hills Drive.
q Letter dated April 18, 2002 from Scott Allen, Code Enforcement Officer/Town Engineer notifying Susan Murray of 12 vacant mobile home units being deemed “unsafe for occupancy” on her property at 2384 Route 350.
q Gananda School Board Minutes of March 13 & March 27, 2002.
q Planning Review Committee Meeting Minutes of April 24, 2002.
q Letter dated April 22, 2002 from the Rochester Area Community Foundation notifying the Macedon Public Library that the Bullis Advised Fund has recommended a grant of up to $100,000 as a 1:1 match for contributions raised for the Phoenix Fund from the residents and the community.
 

NO. 9                                                    APRIL 25, 2002                                                    PAGE 2

RESOLUTION NO. 137 (02)  SR. CLERK TYPIST
BE IT RESOLVED that the Macedon Town Board appoints Jennifer Habecker to the full-time position of Sr. Clerk Typist as per the certification of Eligibles List as submitted by Wayne County Civil Service Personnel Office effective May 1, 2002 at an annual salary of $18,500.
MOTION BY COLLINS,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 138 (02)  RECREATION DIRECTOR
BE IT RESOLVED that the Macedon Town Board appoints Norbert Miller to the full-time position of Recreation Director as per the Certification of Eligibles List as submitted by Wayne County Civil Service Personnel Office effective immediately at an annual salary of $24,500
MOTION BY COLLINS,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 139 (02)  BULLIS PARK BUILDING
RESOLVED that the Town Board authorizes an amount not to exceed $350 to be expensed from A7110.400 to erect a wall between the concession stand and the storage area, labor to do the work will be donated by James Youngman, and be it further

RESOLVED that Brad Jacobs & Sons Masonry, Inc. remove 2-24x32 windows and replace with decorative block to match existing color as closely as possible at a cost not to exceed $250.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 140 (02)  RECREATION BUDGET ADJUSTMENT
BE IT RESOLVED to approve the following budget adjustment for Macedon Recreation to account for the Summer Coordinator and Recreation Assistants under A7310.100 – Summer Program Salary:
             DR              CR.
A 0960   Appropriations    3600.00
A 7310.400  Contractual     3600.00
A 0960   Appropriations             3600.00
A 7310.100  Salary                          3600.00
MOTION BY KENYON,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 141 (02)  BROWNSTONE  BUSINESS SIGN APPLICATION FEE
BE IT RESOLVED the Town Board waives the Zoning Board of Appeals reapplication fee for Brown Stone Physical Therapy with the exception of $30 to cover sign and advertising fees.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

This application for a sign variance was on the ZBA agenda. The applicant did not attend.  In the applicant’s letter he states that he had some family urgency.  The public hearing was held with no representation to speak for or against the application.  Because the application form says the applicant has to be present, the ZBA did not feel they could table the application and have the applicant attend the next meeting.  They denied the variance because he was not there.  The $30 will cover the cost for signs and advertising again.  Attorney Villani stated that there is nothing in the statuette that says that personal appearance is necessary.  The Board has to act on substantial evidence and if there were no representation before them to create a record, they would have nothing to act on except the application.  If the application is enough, they could proceed in the absence of the person.  If the application is not enough then they need a record before them.  They are granting a variance and the burden is on the person asking for it.  Councilperson Maul stated that because the public hearing was held, the applicant wasn’t present and the form states that the applicant has to be present.  Attorney Villani stated that the resolution could have read in the absence of the applicant there is not sufficient facts before us to warrant the granting of the variance.  The application should read what the law requires; the applicant has the burden of demonstrating sufficient facts at the public hearing to warrant the grant of the variance.

RESOLUTION NO. 142 (02)  RECORDS MANAGEMENT IMPROVEMENT FUND
WHEREAS, the Governor has proposed to remove certain offices overseeing Cultural Education from the New York State Education Department, incorporating these in an entirely new Institute for Cultural Education; and

WHEREAS, in order to fund this Institute, including the State Archives, State Library, State Museum and State Office for Public Broadcasting, New York State will need to raise millions of dollars in capital investment and plans to do this by quadrupling the present five dollars collected by all County Clerks and the Register of the City of New York on all recorded, indexed and entered documents to twenty dollars, effective July 1, 2002; and

NO. 9                                                    APRIL 25, 2002                                                    PAGE 3

WHEREAS, the Local Government Records Management Improvement Fund was created in 1989 to support grants and technical assistance to local governments to improve and enhance the management of their records and information, and

WHEREAS, said fee increase would provide no improvement in service for the taxpayers paying the fee, nor any additional benefits to the local governments that must collect said fee increase; and

WHEREAS, no demonstrated benefit has been identified in the relocation of these functions to the proposed Institute, in contrast to the highly effective and beneficial relationship that local governments now enjoy with the New York State Education Department; now be it hereby

RESOLVED, by the Town of Macedon that this body stands firmly opposed to this proposal; and be it further

RESOLVED, that a copy of this resolution be delivered to the Governor, the New York State Legislature and all others deemed necessary and proper, and we urge them to likewise oppose this proposal.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

In response to a letter in the paper the Board discussed Farmland Preservation.  Agricultural easements have been around since 1982.  Macedon is late getting in the game.  This is a Federal program passed through the state.  It fits the Master Plan that has been developed by the Town and the people.  The only application approved so far was approved because it met every item the state and federal government were looking for in terms of what should be preserved such as contiguous land, currently under agricultural production etc.  It is up to the farmers to determine if they want to participate.  If a landowner would like to participate, the Board determines if it fits our master plan.  April 1, 2002 there was an open meeting on Farmland Preservation that was advertised in the paper and on the agenda.   The Town of Macedon has spent less than $1,000 for all the applications together.  The one that is near approval cost the Town $600.   It was for 2,100 acres.  When it is approved the Town will receive the $600 back.  Councilperson Kenyon wrote a letter to the editor in the Courier this week with the facts and web sites where people could get additional information.
 
Councilperson Collins received a memo from Donna Komor, Assessor dated April 18, 2002 regarding full time staff.   Ms. Komor would like to increase the staff in the Assessor’s office to a single full time position beginning in June of this year.  Councilperson Kenyon informed the Board that Ms. Komor would have to go through civil service and that she would have to determine the title of the position.  Advertising would depend on whether there was a civil service list available for that title.  Civil Service must recognize the title for that position.  Councilperson Collins and Supervisor Hammond will meet with Ms. Komor.

RESOLUTION NO. 143 (02)  EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 8:35 p.m. to discuss possible litigation and the Board invites  Doug Allen, Scott Allen, Tom Morrison and Kevin Rooney to attend.
MOTION BY HAMMOND, SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED
 
RESOLUTION NO. 144 (02)  OPEN SESSION
RESOLVED the Board returns to Open Session at 10:00 p.m.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

MOTION BY HAMMOND,  SECONDED BY MAUL THAT THE MEETING BE CLOSED.  THE MEETING ADJOURNED AT 10:10 PM.
 
 
 

      ___________________________________
      Judy W. Gravino, RMC
      Town Clerk