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The Regular Meeting of the Town Board of the Town of
Macedon held March 13, 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.
Pledge of Allegiance.
Upon Roll Call, the following members of the Board
were present:
Councilperson………………Paul Kenyon
Councilperson………………David Maul
Councilperson………………Kenneth Nawrocki
Supervisor…………………..William Hammond
Absent: Councilperson………………Dean Collins
Also Present:
Attorney…………………….Tony Villani
Engineer…………………….Scott Allen
Highway Superintendent……Richard Roets
Town
Clerk…………………Judy Gravino
Highway Fire Budget 10/03/2000 – 02/28/2003
Town Complex Budget 04/29/2003 - 02/28/2003
Police Report January &
February 2003
RESOLVED
the Reports submitted be approved.
MOTION
BY MAUL, SECONDED BY KENYON
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
Mr.
LaFay was present to report the progress of Donald Forsay to the Town
Board. Scott Allen, Town Engineer
confirmed that as of 4:30 today 95% of the structural renovation was complete. The barn is safe at this time. Mr. Forsay’s engineer will have to certify
the structure. The remaining 5%
consists of blocks that are frozen in the ground. Most of the exterior on West Walworth Road has been cleaned
up. Items may appear as the snow
melts. Mr. Forsay plead guilty in
court. The Judge will sentence. Mr. Forsay would have to apply for a special
use permit to operate a landscape business.
The Town cannot ticket him again until sentenced. If he continues after sentencing the Town
will ticket him again. Mr. Allen is
performing random weekly inspections.
The Judge has given Mr. Forsay until April 30.
8:00
PM – PUBLIC HEARING – PRO CON PROPERTIES – CANALSIDE SQUARE
APARTMENTS
RESOLUTION
NO. 85 (03) WAIVE READING OF THE LEGAL
NOTICE
RESOLVED
the Board waives reading of the legal notice published in the February 24, 2003
issue of the Time of Wayne County.
MOTION
BY HAMMOND, SECONDED BY KENYON
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
This
apartment complex is proposed on Route 31 east of West Wayne Plaza and west of
Route 28. The project consists of 104
units of 2 bedroom, 3 bedroom and garden apartments. Square footage will range from 750 to 1,200 square feet. The project will be available to the general
public for occupancy. There will be on
site management. A traffic study is
being conducted. The community building
will be for residents only. The first
phase will consist of 24 units and possibly include the community
building. There will be 60% of green
space.
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Sharon
Celentano, Wilkinson Road – concerned about traffic and the necessity for a
traffic light
Supervisor
Hammond – The State DOT will review.
Frank
Enos, Cornwall Drive – in favor
Jackie
Krocke, Daansen Road - asked about the
community center
Supervisor
Hammond – This will be a clubhouse for the residents.
The
developer will put roadway and infrastructure in during the first phase.
All
persons desiring to be heard, having been heard the public hearing was closed.
RESOLUTION
NO. 86 (03) PUBLIC HEARING CLOSED
RESOLVED
the Public Hearing be closed at 8:30 p.m.
MOTION
BY HAMMOND, SECONDED BY MAUL
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
8:30
PM – PUBLIC HEARING – LOCAL LAW NO. 2 (03) ROUTE 31 SETBACK
RESOLUTION
NO. 87 (03) WAIVE READING OF THE LEGAL
NOTICE
RESOLVED
the Board waives reading of the legal notice published in the February 24, 2003
issue of the Times of Wayne County.
MOTION
BY HAMMOND, SECONDED BY NAWROCKI
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
Scott
Allen, Engineer – This proposal is to modify to a realistic setback.
Warren
Jeffries, ZBA Chairman – Property owners that have been before the ZBA would
not be able to use their property if they had to comply with the 250’
setback. The ZBA would support the 100’
setback.
Jim
Denniston submitted a letter in favor of the 100’ setback.
All
persons desiring to be heard, having been heard the public hearing was closed.
RESOLUTION
NO. 88 (03) PUBLIC HEARING CLOSED
RESOLVED
the Public Hearing be closed at 8:37 p.m.
MOTION
BY HAMMOND, SECONDED BY KENYON
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION
CARRIED
RESOLUTION
NO. 89 (03) LOCAL LAW NO. 2 – ROUTE 31
SETBACK
WHEREAS,
a resolution was duly adopted on February 13, 2003 by the Town Board of the
Town of Macedon for a public hearing to be held by said Board on March 13, 2003
to hear all interested parties on a proposed Local Law entitled Local Law No. 2
of 2003 amending Chapter 135 of the Town Code, Schedule 1 Zoning Schedule, Part
1 & 2 and
WHEREAS,
notice of said public hearing was duly advertised in the Times, the official
newspaper of said Town, on February 24, 2003 and
WHEREAS,
said public hearing was duly held on March 13, 2003 and all parties in
attendance were permitted an opportunity to speak on behalf of or in opposition
to said Proposed Local Law, or any part thereof, and
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WHEREAS,
the Town Board of the Town of Macedon, after due deliberation, finds it in the
best interest of said Town to adopt said Local Law,
NOW,
THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Macedon hereby
adopts said Local Law No. 2 of 2003 entitled Amending Chapter 135 of the Town
Code, Schedule 1 Zoning Schedule, Part 1 & 2, a copy of which is attached
hereto and made a part of this resolution and be it further
RESOLVED,
that the Town Clerk be and she hereby is directed to enter said Local Law in
the minutes of this meeting and in the Local Law Book of the Town of Macedon,
and to give due notice of the adoption of said Local Law to the Secretary of
the State of New York.
MOTION
BY HAMMOND, SECONDED BY NAWROCKI
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION
NO. 90 (03) TRACK EXCAVATOR PURCHASE
RESOLVED
the Board authorizes the Highway Superintendent to purchase a new John Deere
160CLC Tracked Excavator per the bid dated March 11, 2003 from Five Star
Equipment. (Only one bid received) at a
cost of $103,185.16 to be expensed from SD8540.400 in 5 equal lease payments of
$22,294.59.
MOTION
BY MAUL, SECONDED BY KENYON
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION
NO. 91 (03) MOVERS – Donald C. Judd II
RESOLVED
the Board authorizes the Supervisor to enter into a contract with Donald C.
Judd II to move the Town Complex ($1,450), File Room ($425) and Library
($2,500) for a total of $4,375) to be
expensed from HA1621.200B contingent upon proof of an adequate insurance policy
and with any of the three line items able to be deleted.
MOTION
BY MAUL, SECONDED BY KENYON
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLUTION
NO. 92 (03) RECORDS ROOM - ASR SYSTEMS
GROUP
RESOLVED
the Board authorizes the Supervisor to sign contract with ASR for
Records
Room materials per quotation #4894R.1 dated March 12, 2003 minus the assistance
charge of $520, cost not to exceed $1,960 to be expensed from HA1621.200B.
MOTION
BY KENYON, SECONDED BY MAUL
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION
NO. 93 (03) NEW YORK STATE TOWN CLERKS REGIONAL
MEETING
RESOLVED
the Board authorizes the Deputy Town Clerk to attend the New York State Town
Clerks Association Regional Meeting in Batavia on March 24, 2003 at a cost not
to exceed $20 to be expensed from A1410.400 as budgeted.
MOTION
BY KENYON, SECONDED BY MAUL
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
The
Board gave Sharon Celentano permission for the Garden Club to work with the
landscaper on the Town Hall/Library site and authorized plantings near the
Bullis Park sign.
Chuck
Jefferson requested a policy for the meeting room usage. Supervisor Hammond stated that the policy
allowed not-for-profit organizations to use them. The meeting rooms will be
reserved by the Town Clerk’s Office as they have been in the past.
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RESOLUTION
NO. 94 (03) HIGHWAY CLERK - BRAMAN
RESOLVED
the Board appoints Mary Beth Braman to the position of full-time clerk typist
as of March 31, 2003 on a provisional basis according to Wayne County Civil
Service Rules not to exceed 90 days at $17,500 annually.
MOTION
BY HAMMOND, SECONDED BY KENYON
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION
NO. 95 (03) CHANGE ORDER NO. 1
RESOLVED
to authorize the Supervisor to approve Change Order No. 1 for T. Bell
Construction reducing the contract ($4,800) due to elimination of fire
protection/sprinkler
Heads between the occupied space and the
attic.
MOTION
BY MAUL, SECONDED BY NAWROCKI
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION
NO. 96 (03) BUDGET ADJUSTMENTS &
TRANSFERS
RESOLVED
the Board approves the following budget adjustments for approved change orders
for the Town Complex/Library Capital Project:
1. HA 0960/1990.401 – Contingent 6,829.65
HA 0960/1621.296 – Concord Change Order
#2 6,829.65
2. HA 0960/1990.401 – Contingent 8,690.35
HA 0960/1621.296 – Concord Change Order
#3 8,690.35
3. HA 0960/1621.295 – T. Bell Change Order #1 4,800.00
HA 0960/1990.401 – Contingent 4,800.00
4. HA 0960/1990.401 – Contingent 2,782.50
HA 0960/1621.293 – Nicoletta Change Order
#3 1,000.00
HA 0960/1621.293 – Nicoletta Change Order
#4 1,782.50
HA 0960/1621.293 – Nicoletta Change Order
#5 (even trade) 0.00
MOTION
BY MAUL, SECONDED BY NAWROCKI
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE, MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION
NO. 97 (03) BUDGET ADJUSTMENTS &
TRANSFERS
RESOLVED
the Board approves the following budget adjustments and transfers for the Town
Highway Barn Capital Project:
HA
0960/5132.240 – Administration/General 16,285.00
HA
0960/5132.297 – Site Improvements 16,285.00
To
record a budget adjustment form Administration to Site Improvements to enable
reimbursing the General Townwide Highway DA for Highway Shop Work done at the
site. (Currently $91,676.61 available,
this transfer will allow for the entire amount of $107,960 to be reimbursed to
DA).
HA
5132.297 Site Improvements 107,960.00
HA
0202-1 Cash - $
Market 107,960.00
DA
0202 Cash - $ Market 107,960.00
DA
2801 Interfund
Revenues 107,960.00
To
authorize the actual transfer from the Capital Project HA to Highway DA for
reimbursement of site work improvements done by Town Highway as per the
attached summary received from Highway Sup’t. Dick Roets.
MOTION
BY NAWROCKI, SECONDED BY MAUL
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
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RESOLUTION
NO. 98 (03) APPROVAL OF MINUTES
RESOLVED
the Board approves the minutes of February 27, 2003 with the following
correction
RESOLUTION NO. 80 (03) should read
account no HA1621.200B
MOTION
BY MAUL, SECONDED BY NAWROCKI
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI
AYE, HAMMOND AYE MOTION CARRIED
It
was the consensus of the Board to support the Collateral Source Bill
S.622/A.3483.
ABSTRACT
NO. 3-03
CLAIM
NOS. 6682-6799 Expenditures
in the amount of $448,767.36
RESOLUTION
NO. 99 (03) PAYMENT OF CLAIMS
RESOLVED
the bills be paid as audited.
MOTION
BY HAMMOND, SECONDED BY KENYON
ROLL
CALL VOTE: COLLINS ABSENT, KENYON AYE,
MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION
CARRIED
MOTION
BY HAMMOND, SECONDED BY NAWROCK THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT MIDNIGHT.
________________________________
Judy
W. Gravino, RMC
Town
Clerk