NO. 20 PAGE 1

SEPTEMBER 25, 2003

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held September 25, 2003 at the Town Offices, 32 Main Street, in the Village 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………………David McEwen

Councilperson………………Ken Nawrocki

Councilperson………………William Hammond

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

Town Engineer……………..Scott Allen

Town Clerk………………....Judy Gravino

RESOLUTION NO. 248 (03) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of September 11, 2003 as presented.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE - The Supervisor presented the following:

  1. NYSDOT has completed their investigation of traffic conditions on Quarter Road. They have determined that a 35 mph speed limit is justified on Quaker Road between O'Neill Road and a point 0.5 mile east and a 45 mph speed limit between a point 0.5 mile east of O'Neill Road and Walworth Road.
  2. The Wayne County Job Fair will be conducted Tuesday, October 21, 2003 at the Quality Inn, Rte. 88, Newark from 1-6 p.m.

RESOLUTION NO. 249 (03) TRANSFER

BE IT RESOLVED the Macedon Town Board authorize Richard Roets, Highway Superintendent, to transfer funds in the amount of $32,400 from account DB5110.4, and transfer specific amounts to the designated account(s):

Transfer $30,000 to account DB5110.1

Transfer $ 1,900 to account DB9030.8

Transfer $ 500 to account DB9035.8

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 250 (03) BUDGET ADJUSTMENT

RESOLVED the Macedon Town Board do the following budget adjustment to settle accounts with Lloyd Boyce as Clerk of the Works:

Dr. Cr.

HA0960 Appr. $5,200

HA1990.401 Contingency 5,200

HA 0960 Appr. $5,200

HA1621.201 Clerk of the Works 5,200

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

NO. 20 PAGE 2

SEPTEMBER 25, 2003

WEB SITE http://macedontown.net

RESOLUTION NO. 251 (03) PARKWOOD HEIGHTS LIGHTING

RESOLVED the Macedon Town Board authorizes the Supervisor to accept the NYSE&G proposal to install 2-150 watt high pressure sodium lights at Parkwood Heights with an annual cost of $166.18 for that special district.

MOTION BY KENYON, SECONDED MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 252 (03) PARKWOOD HEIGHTS PHASE III LETTER OF

CREDIT - ROAD TOPPING

BE IT RESOLVED that the Macedon Town Board accept the Irrevocable Letter of Credit No. 1101823509 from the Canandaigua National Bank and Trust Company representing Parkwood Heights Phase IIIA road topping project in the amount of $6,500.

MOTION BY KENYON, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Marty Aman, Executive Director, WCW&SA requested the Town Board authorize an amendment to the existing water supply agreement that would change the requirement for rate increase notification from 90 days to 60 days. It was the consensus of the Board to request Mr. Aman to attend the next meeting.

Eric Hynes is proposing to acquire an additional parcel to expand County Line Raceway. The Planning Board gave it a positive referral.

RESOLUTION NO. 253 (03) HYNES SPECIAL USE PERMIT MODIFICATION

PUBLIC HEARING SET

RESOLVED that the Macedon Town Board schedule a Public Hearing on October 23, 2003 at 8 p.m. to consider an application by Eric Hynes for an expansion of a special use permit for County Line Raceway and further authorize the Town Clerk to advertise the same.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Supervisor Hammond announced that Spoon Exhibit Services, Inc. is considering relocation in the Research Forest business development area in Gananda. Supervisor Hammond met with IDA and Empire Zone Coordinators. They have requested that 50% of the fees to hook-upwater and sewer be waived. It was the consensus of the Board for Supervisor Hammond to contact the WCWSA regarding water and Walworth Town Board about sewer. Spoon Exhibits Services, Inc. make large exhibits for displays at trade shows for fortune 100 firms.

RESOLUTION NO. 254 (03) TOWN CRIER - JAMES BUSH

BE IT RESOLVED that in consideration for Jim Bush's past public relations support for his town, his library, and other entities of the Town of Macedon, and in specific recognition of his work as a "Town Crier", we hereby recognize and appoint James Bush as the Official Town Crier of the town of Macedon, NY 14502 and be it further

RESOLVED that compensation for this portrayal may or may not be monetary, and such arrangements shall be subject to negotiation as deemed appropriate for the circumstances.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

NO. 20 PAGE 3

SEPTEMBER 25, 2003

WEB SITE http://macedontown.net

Supervisor Hammond's Tentative Budget was distributed to the Town Board Members. This budget reflects a 1.5% tax increase for the Village and a 3% increase outside the Village. The budget workshop will be held October 4, 2003 at the Town Hall at 7:00 a.m.

The Supervisor contacted Concord Electric on the light issue in the Library. The lights were improperly wired at the factory and will be corrected. Concord Electric has been asked to submit a cost estimate for an outside security system. Rel Com installed a modem to allow them to control the heating and cooling from their offices.

8 PM - PUBLIC HEARING - EMPIRE AUTO SALVAGE - 2384 CREEK ROAD

MODIFICATION OF SPECIAL USE PERMIT

RESOLUTION NO. 255 (03) WAIVE READING OF LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the September 8, 2003 issue of the Times.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

No public wishing to be heard, the public hearing was closed.

RESOLUTION NO. 256 (03) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:03 p.m.

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The Town has not received any complaints regarding Empire Auto Salvage.

RESOLUTION NO. 257 (03) EMPIRE AUTO SALVAGE SPECIAL USE PERMIT

MODIFICATION

RESOLVED the Town Board grants the modification to the Special Use Permit for Empire Auto Salvage.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

Councilman Maul requested the minutes reflect the following statement:

The first time the original application for the salvage yard was presented to this board I voted against it. One of the reasons was to give voice to the minority of people that spoke out very passionately against having this operation in their neighborhood. I want it noted that we have also had this presented to us each year since then for renewal. I have voted for it in each case. The first time I had no track record to examine except from other businesses. Clearly you have a great track record. Every year since then we have had their track record to examine and it has been exemplary. I can't imagine a better success story.

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

 

 

 

 

NO. 20 PAGE 4

SEPTEMBER 25, 2003

WEB SITE http://macedontown.net

Chuck Bastian, Bernard P. Donegan, Inc. brought the Board up to date on the landfill project and the Environmental Facilities Corporation that will finance the project. The landfill closure project is based on the consent order from the Department of Environmental Conservation. Clough Harbour Associates will do the engineering. The best way to finance this is through the Environmental Facilities Clean Water State Revolving Program. EFC is a corporation offshoot of DEC in Albany. They have 2 bond pools per year. They compile municipalities all over the state into a pool and go to Wall Street to issue bonds. They are Environmental Facilities Corporation Bonds that get issued to Wall Street. EFC loans the money back to the communities to build their projects. This is the first year they will have a funding cut off line. In past years they have had more dollars to loan than they have applicants. They always had dollars to fund regardless of your priority score. This year monies are tighter at the state level. The Town of Macedon is listed under category B. The cut off point is around 63 party points. The Town has 91. Therefore, the Town should have the green light to get the funding. When the Town issues the bonds with EFC they subsidize half of the Town's interest cost. They are a triple A credit rating and borrow money cheaper than the Town could on its own. The July bond pool closed in the low 4's. With the 50% subsidizing the Town will pay a little over 2% for a long-term 20 year bond. They have a sister program, which is a short-term program. The Town can finance with EFC for a 3-year bond anticipation note with 0 interest. There is a 50% grant from the State. The financing is set up for the full dollar amount with EFC on the short-term loan, you do the project, pay the contractors and engineers, find out where the final costs come out, get the grant dollars back from DEC and when you know your final local number then we bond the balance. That could be three years away.

 

RESOLUTION NO. 258 (03) RESOLUTION AUTHORIZING CWSRF APPLICATION

& AGREEMENT FOR PROJECT FINANCING NEW

YORK CLEAN WATER STATE REVOLVING FUND

WHEREAS, Town of Macedon herein called the "Applicant", after thorough consideration of the various aspects of the problems and study of available data, has hereby determined that the project generally described as:

Closure of the Macedon Landfill

And identified as CWSRF Project Number C8-6498-01--00, herein called the "Project", is desirable and in the public interest, and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and

WHEREAS, the United States, pursuant to the Federal Water Quality Act of 198 (as such may be amended from time to time, the "Water Quality Act"), requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the state before the state may receive capitalization grants under the Water Quality Act; and

WHEREAS, The State of New York has, pursuant to the State Water Pollution Control Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the "CWSRF Act") established in the custody of the New York State Environmental Facilities Corporation (the "Corporation") a water pollution control revolving fund (the "Fund") to be used for purposes of the Water Quality Act; and

WHEREAS, the Corporation has been created, reconstituted and continued pursuant to the New York State Environmental Facilities Corporation Act, as amended, being Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of the Public Authorities Law and chapter 43-A of the Consolidated Laws of the State of New York, and constitutes a public benefit corporation under the laws of the State of New York, being a body corporate and politic with full and lawful power and authority to provide financial assistance from the Fund; and

 

NO. 20 PAGE 5

SEPTEMBER 25, 2003

WEB SITE http://macedontown.net

WHEREAS, the Corporation has the responsibility to administer the Fund and to provide financial assistance from the Fund to municipalities for eligible projects, as provided in the CWSRF Act; and

WHEREAS, the CWSRF Act authorizes the establishment of a program for financial assistance for planning, design and construction of eligible projects;

NOW, THEREFORE, BE IT RESOLVED BY the Macedon Town Board as follows;

  1. The filing of an application for CWSRF assistance in the form required by the Corporation in conformity with the CWSRF Act is hereby authorized, including all understandings and assurances contained in said application.
  2. The following person is directed and authorized as the official representative of the Applicant to execute and deliver an application for CWSRF assistance, to execute and deliver the Project financing agreement and any other documents necessary to receive financial assistance from the Fund for the Project, to act in connection with the Project and to provide such additional information as may be required and to make such agreements on behalf of the Applicant as may be required:
  3. William H. Hammond, Town Supervisor

  4. The official designated above is authorized to make application for financial assistance under the CWSRF Program for either short-term or long-term financing or both.
  5. One (1) certified copy of this Resolution shall be prepared and sent to the New York State Environmental Facilities Corporation, 625 Broadway, Albany, New York 12207-2997.
  6. This Resolution shall take effect immediately.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 259 (03) MINORITY & WOMEN'S BUSINESS-EQUAL

EMPLOYMENT OPPORTUNITY PROGRAM WORK

PLAN

RESOLVED the Board adopts the Minority & Women's Business-Equal Employment Opportunity Program Work Plan (copy attached) and designates Paul Kenyon as the Minority Business Officer.

MOTION BY NAWROCKI, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Councilperson Kenyon - The Recreation Committee is holding a workshop on October 8, 2003 at 7 p.m. to discuss their mission. They will be discussion where the program needs to go. Anyone interested should attend.

The Toomey Construction request for a temporary use permit was tabled due to no representation.

Judy Gravino, Town Clerk received a quote to frame the Senior Citizen Quilt that use to hang in the hallway between the Town Offices and Library.

RESOLUTION NO. 260 (03) QUILT FRAMING

RESOLVED to expend from HA1621.200B to fund the purchase of the framing installation of the Senior Citizen Quilt not to exceed $1,785.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

NO. 20 PAGE 6

SEPTEMBER 25, 2003

WEB SITE http://macedontown.net

Macedon Troop 166 requested the use of the Community Room on the last three Thursdays of every month from 6:45 - 8:00 p.m. Amy Klino will be contacted for more information.

Ken Grudens, New York State Agriculture & Markets is scheduled to give a presentation on Farmland Preservation at the October 9, 2003 meeting.

Supervisor Hammond requested a quote from Brad Jacobs on an enclosure for the Town's dumpster. He will request additional quotes.

The Macedon Police Department found the Library bike rack. John Gravino retrieved it from the creek on Erie Street Road. The bike rack will be secured in the future.

MOTION BY HAMMOND, SECONDED BY KENYON THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 9:11 PM.

 

 

__________________________________

Judy W. Gravino, RMC

Town Clerk