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JANUARY 9, 2003

A Regular Meeting of the Town Board of the Town of Macedon held January 9, 2003 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.

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

Councilperson………………..Dean Collins

Councilperson………………..David Maul

Councilperson………………..Ken Nawrocki

Supervisor……………………William Hammond

Absent: Councilperson……………….Paul Kenyon

Also Present: Town Attorney………………Anthony Villani

Town Engineer………………Scott Allen

Town Clerk…………………..Judy Gravino

RESOLUTION NO. 31 (03) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of December 12, 2002 as presented.

MOTION BY MAUL, SECONDED BY COLLINS

ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 32 (03) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of January 2, 2003 with the following corrections:

Page 6 – RESOLUTION NO. 6 (03) – Full Time Employees

Add Susan Bush

APPOINTED TOWN OFFICIALS – Planning Board

Doug Allen – Chairman

Mert Bartels – Vice-Chairman

Kevin Rooney – Wayne County Planning

Board

Ora Rothfuss requested the Board authorize appraisal updates for the Hilton, Rothfuss and Stanton Farms. In preparation of resubmitting for funding, the appraisals should be less than one (1) year old. To share the expense of the appraisals with the farm owners would cost the Town $3,150. This expense can be considered as closing costs and reimbursable to the Town by the State.

RESOLUTION NO. 33 (03) FARMLAND APPRAISALS – HILTON, ROTHFUSS &

STANTON

WHEREAS, Harlan Hilton, Robert Stanton and Ora Rothfuss Jr. (Landowners) are active farmers in Macedon, who collectively own approximately 660 acres of farmland; and are willing to consider selling the development rights for their properties; and

WHEREAS, the United States Department of Agriculture Natural Resource Conservation Service farmland protection proposed rules require appraisals to be less than one year old at closing;

WHEREAS, the Town has been awarded funding pursuant to a New York State Department of Agriculture and Markets proposal to fund the preservation of these three farms; and

WHEREAS, the landowners have agreed to pay one-half of this project cost in an effort to improve the competitiveness of a future USDA NRCS grant proposal; and

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JANUARY 9, 2003

WHEREAS, this appraisal would be considered part of the closing costs and reimbursable under the State award:

NOW, THEREFORE, BE IT RESOLVED, that the Town of Macedon enter into a contractual agreement with Pomeroy Appraisal Associates, 225 West Jefferson St., Syracuse, NY, for the appraisal of the above mentioned Hilton, Stanton and Rothfuss properties, contingent upon the Landowners, also entering into said agreements, for a cost to the Town not to exceed $3,150.

MOTION BY MAUL, SECONDED BY COLLINS

ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

It was the consensus of the Board to wait on the appraisal of Emil Weber until it is closer to the submission date.

RESOLUTION NO. 34 (03) FARMLAND EXTENSION – HILTON, ROTHFUSS &

STANTON

BE IT RESOLVED the Supervisor is authorized to request an extension on the Hilton, Rothfuss and Stanton contracts.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Councilperson Kenyon entered the meeting at 7:55 p.m.

REPORTS – The Supervisor presented the following:

Petty Cash Audit dated January 3, 2003

Building & Zoning Quarterly Report dated January 6, 2003

RESOLUTION NO. 35 (03) APPROVAL OF REPORTS

RESOLVED the reports 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:

1. A thank you card from Harold Churchill for the Senior Citizen Trip to Syracuse.

2. Joint Animal Control Minutes of December 20, 2002

3. Letter from NYS Department of Transportation clarifying their policy on banners on State highways.

4. Letter dated January 3, 2003 from NYS Department of Health regarding the Annual Business Meeting on February 6, 2003.

Town Engineer, Scott Allen stated that the Smith and Young Mines were in compliance.

RESOLUTION NO. 36(03) SMITH MINING PERMIT

RESOLVED that renewal is granted to Greg Smith for the Smith Mining Permit on the East Side of Walworth Road to expire December 31, 2003.

(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.

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JANUARY 9, 2003

(3) Permit renewal will be considered in December of 2003. 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 Design Engineer shall inspect the subject premises semi-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 (l) 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.

Special Conditions:

(11) (a) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to next year’s renewal period. Updates will be required every two- (2) years for all active operations. (Next update due October 2004.)

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

purposes.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 37 (03) YOUNG MINING PERMIT – AEY ENT. – DAANSEN

RESOLVED that renewal is granted to Michael Young for a Mining Permit located on the West Side of Daansen Road to expire December 31, 2003 subject to:

(1) The applicant shall be limited to 1,000 tons per year removal.

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(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.

(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.

Special Conditions:

(1) Any and all conditions as addressed in the letter from the Town Engineer dated December 9, 2002 must be complied with.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The easement requested by NYSEG on Quaker Road was discussed. The Board requested a survey map prior to granting the easement.

The Supervisor has scheduled a meeting of the Macedon Sewer Committee on January 17, 2003 at 4:00 p.m.

It was the consensus that the new address of the Town Hall and Library will be as follows:

Town Hall - 32 Main Street

Library - 30 Main Street

Discussion on the flagpoles followed. The poles will be ordered with the ropes on the outside.

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JANUARY 9, 2003

The Supervisor received a dozen complaints from residents in the Gananda Sidewalk District regarding the lack of snow removal on their sidewalks. In previous years the Town of Macedon had an agreement with the Town of Walworth for snow removal. The Walworth Sewer Department kept the sidewalks open in the winter. Supervisor Hammond contacted Supervisor Guelli and was informed that Walworth would plow only the sidewalks to the school. Two quotes were obtained with the lowest being D.C. Allen Contractors at $250 per trip to plow Fairway 5, Valley Drive, Vesper Ridge, Sherwood Drive, Pintail Drive, Waterford Road and Sun Rise. The second quote was $1,100 for the first trip and $300 thereafter from Tom Morrison.

RESOLUTION NO. 38 (03) GANANDA SIDEWALK SNOW PLOWING

RESOLVED the Town enter into a contract with D.C. Allen Contractors for sidewalk plowing on Fairway 5, Valley Drive, Vesper Ridge, Sherwood Drive, Sun Rise, Pintail Drive, and Waterford Road as per the contract dated January 9, 2003 through June 1, 2003.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Attorney Anthony LaFay - Anthony LaFay appeared before the Board representing Donald and Jason Forsay. Mr. LaFay reviewed the progress on the West Walworth Road property. One parcel has been sold. Yesterday the property was inspected and there has been a tremendous improvement. There are four (4) things that still remain to be done. Mr. LaFay feels they will comply with the deadline. The West Walworth property should no longer be a problem in the future. The Daansen Road Property is a different story altogether. This was the old Forsay homestead. Don Forsay’s father lived there for about 60 years. For about 60 years anything that he acquired and used and then discarded remained on the property. If anyone of you have ever visited that property in the last 12 months you have seen ancient vehicles, parts here, motor blocks, wheels, trailers, silo parts, all kinds of debris. If you looked at the structure, the house probably was not habitable. It is now, but at the time Mr. Forsay’s son bought it, it was not. The barn is another story. What you see there is a history of neglect and delayed maintenance. There is a section of the barn that had just fallen away and taken part of the roof. Some major work has to be done if that is going to be restored. Mr. Forsay has brought some building blocks and building materials in anticipation of shoring up that end of the barn and restoring it to safety. Yesterday Mr. Forsay was given this notice to property owner of unsafe premises pursuant to your nuisance abatement law. It has some deadlines here. It also talks about a fence that Mr. Forsay had installed. If I had known the condition of this farm before it was purchased I would have told him if you are dead set on buying it you certainly don’t want to pay the appraised price for it because the cost of clean up is going to be thousands and thousands of dollars as Mr. Forsay can attest to right now. Several of his men were out there with heavy equipment cutting up heavy structures that can’t be dragged out of there. If they were able to take them out there is no place that would accept them in that condition. The same thing with the discarded and dilapidated trailers with wheels on them, Alpco won’t accept them with the wheels. They have to be separately disposed of. With the Daansen Road property my client’s first priority was restoring the interior to become habitable. There has been extensive electrical, plumbing and carpentry work, all things to make it habitable. If you look at it from the outside you don’t see an astounding change because it still has the old cedar siding on it. It still looks very rustic. But I think the Building Inspector has been inside and can attest to the fact that the work has been done and approved by the proper underwriter’s inspectors. The farm consists of 83 acres with a narrow frontage and spreads way out in the back. For 60 years apparently there were no complaints. Not that they weren’t justified, there just apparently weren’t any. After title was transferred to Mr. Forsay’s son the complaints started to come in. The reason I say that is it is difficult and expensive to get rid of 60 years of accumulation of junk and debris and massive debris in the deadline that has been set forth in this notice. Instead of asking right now to extend the deadline, I would like to report to you between now and January 23 with some substantial progress. If there is

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substantial progress that you would consider giving us an extension. Maybe not a long extension but enough of an extension to see if more progress is going to be made until the property is brought to code and in compliance. This notice directs my client to get rid of the fence that is along the front of the property. Its purpose is to shield what is behind there. What is behind there is certainly not more pleasing to the eye than having the fence there. I would suggest to the Board to hold that until we can get some of that debris out of there. In the meantime I would like my client to apply for a fence permit.

Scott Allen - I will not issue a permit with violations on the property.

Attorney LaFay - Some of the stuff has been put there recently and came from the West Walworth Road farm. The reason for that is, the equipment to cut it up in pieces is on the Daansen Road property and the big mechanical equipment to deal with that.

Councilperson Nawrocki – When were the citations issued to Mr. Forsay?

Attorney LaFay – October 1, 2002

Councilperson Nawrocki – October 1, 2002, it is now January 9, 2003, three months have gone by. What significant progress have you been able to make on the Daansen Road property? My concern is that you have had three (3) months to make significant progress in reasonable weather yet now you have weather that is working against you. What sort of delay or extension are you really looking for?

Attorney LaFay – I have photographs taken last summer showing the condition of the property. This tractor with the tree growing through the center of it had to be there a long time. The vine-covered house is no longer true. The steel drums are cut in half and need to be cut again to dispose of. All of this takes money and time. I’m not saying give us 6 months, just something reasonable. If you postpone it say 30 days at a time to see what progress has been made in the preceding 30 days. I think that might be reasonable.

Councilperson Maul – It might also have been reasonable that instead of bringing stuff onto the property the last three months you were taking stuff off the property. My phone has been ringing off the hook for the last three months complaining about all the stuff being brought onto that property and why aren’t we doing anything about it. Now you stand here because there is snow on the ground asking us to give you more time.

Councilperson Nawrocki – You have had 90 days since the citation.

Attorney LaFay – I am not asking for time because there is snow on the ground. I am asking for time to get more progress done so that you can measure the progress 30 days at a time.

Code Enforcement Officer Allen – The order is strictly related to the safety of the barn and the fence. Those are the only two things addressed in the order.

Councilperson Nawrocki – The fence is illegal without a permit and not in compliance with the zoning.

Attorney LaFay – The Building Inspector just told you he would not issue a permit for the fence until the rest of the property is in compliance.

Councilperson Nawrocki – We are not in the habit of issuing permits for things that are illegal.

Attorney LaFay – We can’t comply with one without complying with the other one.

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Councilperson Collins – I think we need to discuss this as a Board. I live up there and I watch this man every day. I get the calls every day. He has had fines for how long now and because he is going to court he just paid his fine from two years and we are suppose to trust that he is going to make this. What if he doesn’t, what legal action do we have?

Councilperson Nawrocki – He has had an outstanding obligation to this town for $15,000 for two years and he conveniently pays it before he goes to trail. We have heard your request, thank you.

Councilperson Collins – We will talk about it and have our attorney give you a call.

Councilperson Maul – The trial is still on for tomorrow?

Attorney Villani – As of now, I understand there will be a request for an adjournment.

Attorney LaFay – Jason Forsay won’t be back in time for the trial.

RESOLUTION NO. 39 (03) TOWN HALL/LIBRARY CHANGE ORDER #4

RESOLVED to authorize the Supervisor to approve Change Order No. 4 up to $6,900 with two additional light bases, poles and fixtures for site lighting at the Town Hall/ Library.

MOTION BY COLLINS, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Change Order No. 5 may be landscaping. Shawn Habecker is working on the design.

Discussion followed on the setbacks. The ZBA discussed a reasonable setback on Rt. 31 and suggested 100 feet from the right of way. To change the requirements a local law would be required. The Board will research and look into parking regulations at the same time.

Discussion followed on the proposed horse farm on Lawrence and Magog Road. The application before the ZBA was tabled at the request of the applicant until he can work out land sharing. The applicant does not have enough acreage according to the zoning regulations. The code specifies not less than 20 contiguous acres for 25 horses and an additional ½ acre for each additional horse. The applicant currently owns 14 acres and would like to have 30 horses. The house is situated on four (4) acres and can not be included in the acreage. They want more horses on less land than our code prescribes. The code regarding personal use allows as many horses as you want on five (5) acres.

The question is, does he have to own 20 acres to avoid a variance or can he have permanent access to 20 acres? Attorney Villani stated that the lease didn’t bother him as long as whatever approval he receives is contingent upon them keeping under their control the acreage by leasing or owning. Another option the applicant was looking into is land across the road.

Supervisor Hammond will discuss the small vouchers under $10 in the bills with the Highway Superintendent.

RESOLUTION NO. 40 (03) ENTER EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:07 p.m.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, NAWROCKI AYE,

MAUL AYE, HAMMOND AYE MOTION CARRIED

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RESOLUTION NO. 41 (03) OPEN SESSION

RESOLVED the Board returns to Open Session at 10:52 p.m.

MOTION BY COLLINS, SECONDED BY KENYON

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, NAWROCKI AYE,

MAUL AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT NO. 1 - 03

CLAIM NO. 6363 – 6517 Expenditures in the amount of $586,264.45

Credit (398.61)

Total $585,865.84

RESOLUTION NO. 42 (03) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY COLLINS

ROLL CALL VOTE: COLLINS AYE, KENYON AYE, NAWROCKI AYE,

MAUL AYE, HAMMOND AYE MOTION CARRIED

It was the consensus of the Board that the request from Donald Forsay regarding the fence and barn was premature. The application was the sole discretion of the trail judge and should be made to him.

MOTION BY NAWROCKI, SECONDED BY KENYON THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 10:55 PM.

______________________________

Judy W. Gravino, RMC

Town Clerk