NO. 112 PAGE 1

MAY 13, 2004

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held May 13, 2004 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

Supervisor…..………………William Hammond

Absent: Councilperson………………David Maul

Also Present: Highway Superintendent…...Richard Roets

Recreation Director…………Norbert Miller

Town Clerk………………....Judy Gravino

Supervisor Hammond invited Boy Scouts from Troop 167 to lead the pledge.

Norb Miller, Macedon Recreation Director submitted a spread sheet detailing the Recreation Programs from January through April, 2004. He reviewed the outcome of several programs. Discussion followed on flying airplanes in Bullis Park. The Supervisor has received several complaints regarding dog owners not picking up after their dogs. The Board asked that the Recreation web site be updated.

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

RESOLUTION NO. 110 (04) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY KENYON, SECONDED BY MC EWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 111 (04) ASSISTANT SUMMER RECREATION DIRECTOR -

RESOLVED the Board appoints Sally Lynn Breen as the Assistant Recreation Director for Arts & Crafts from July 5, 2004 through July 30, 2004 at a rate of $9.00 per hour.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 112 (04) TOWN ENGINEER BUILDING INSPECTOR ZONING

OFFICER

RESOLVED the Town Board appoint Scott Allen from the Wayne County Civil Service Certification of Eligibles List to a 26 week probationary appointment as full-time Town Engineer/ Building Inspector/Zoning Officer effective May 13, 2004 through November 11, 2004 at an annual rate of $53,046.

MOTION BY NAWROCKI, SECONDED BY MC EWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 112 PAGE 2

MAY 13, 2004

RESOLUTION NO. 113 (04) SPEED REDUCTION AND 4-WAY STOP

BE IT RESOLVED that the Town Board of the Town of Macedon, because of a number of serious accidents at the intersection of Canandaigua Road and the Gananda Parkway, request that the speed limit be reduced on Gananda Parkway from 55 mph to 40 mph from Eddy Road to 1,000 feet west of Canandaigua Road and that a four-way stop be implemented at the intersection of Canandaigua Road and Gananda Parkway.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 114 (04) SUPPORT AND CONCURRENCE WITH THE WAYNE

WHEREAS, New York State has created the Empire Zone program to encourage industrial and commercial development in selected areas across the State, and

WHEREAS, Wayne County, as an eligible municipality, received designation of an Empire Zone made up of sub-zones including portions of the Village of Newark

WHEREAS, under the current designation, Wayne County has the ability to amend the Zone boundaries to allow additional acreage, and

WHEREAS, Wayne County intends to revise the Wayne County Empire Zone boundaries to encourage industrial and commercial development and allow for the creation of an additional sub-zone in the Town of Macedon (detailed in attached Schedule A- Wayne County Annual Boundary Amendment - Hauser), and

WHEREAS, the Town of Macedon is committed to the development of new business within the proposed sub-zone, and

WHEREAS, the Town of Macedon wishes to support and concur with the Empire Zone revision application,

NOW, THEREFORE, be it resolved that the Town of Macedon Board, in its capacity as governing body of the Town of Macedon, does hereby support and concur with the Wayne County Empire Zone revision application.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Councilperson Maul entered the meeting at 8:02 p.m.

RESOLUTION NO. 115 (04) SPEED REDUCTION REQUEST - EDDY &

The Town Board supports the submission of the TE-9 form for a speed reduction and 4-way stop at the intersection at Eddy & Weidrick Roads.

MOTION BY HAMMOND, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 116 (04) AMEND RESOLUTION NO. 113 (04) SPEED

RESOLVED the Town Board amend Resolution No. 113 (04) to read from Eddy Road to the Macedon Town Line.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 112 PAGE 3

MAY 13, 2004

CORRESPONDENCE - The Supervisor presented the following:

John Murray requested the Macedon Police Chief provide assistance with traffic problems on Weidrick Road during the Gananda Garage Sale Days, Gananda High School Graduation and Gananda Days. Officer Farabell will consult with Chief Ellis about temporary no parking signs.

A petition dated April 13, 2004 with signatures of the residents of Camborn Drive regarding their opposition to apartment buildings behind the P&C Supermarket or in the general subdivision area.

A recent newspaper article reported that Macedon received a state grant in the amount of $3.2 million to close the Macedon Landfill. This grant is financing through the New York Drinking Water and Clean Water State Revolving Funds with no interest charge during the time of construction then it will be converted to bonds and the Town will pay interest at that time.

Fire Department Inventory Lists for Macedon Center Fire Department and Macedon Fire Department were distributed.

Assessor Donna Komor reported that the Town of Macedon was presented with a certificate of "Excellence in Equity" from the Office of Real Property Services. Macedon was one of four towns to be recognized.

Genesee Land Trust submitted a quote to perform the baseline documentation for the four Town of Macedon pending conservation easements of Stanton, Hilton, Jozwiak and Marvin in the amount of $4,500. It was the consensus that the Town would use their Engineer for the purpose of a cost savings to the Town.

RESOLUTION NO. 117 (04) EXCELLENCE IN EQUITY RECOGNITION AWARD

BE IT RESOLVED the Board recognizes the efforts and achievement of the Assessor of the receipt of the award from the Office or Real Property Services.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 118 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of April 22, 2004.

MOTION BY KENYON, SECONDED BY MC EWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 119 (04) BUDGET ADJUSTMENTS APPROVED

NO. 112 PAGE 4

MAY 13, 2004

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Councilperson Nawrocki will schedule a time to install the new Court computers in the near future.

Councilperson McEwen volunteered to attend the Village of Macedon Downtown Revitalization Meeting.

NO. 112 PAGE 5

MAY 13, 2004

RESOLUTION NO. 120 (04) PEST CONTROL - ENVIRO-TECH

RESOLVED the Town Board authorizes the Supervisor to enter into an agreement with Enviro-Tech for pest control at the Town Hall and Library pending the approval of the contract by the Town Attorney.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Councilperson McEwen updated the Board on the Bullis Room humidity issues. He is waiting for a response from the window manufacturer.

Officers Heith Farabell and John Colella introduced the new Police Officer Randy Kuhn to the Town Board.

Discussion followed on the quotes obtained by Councilperson Nawrocki for a network printer. He will include monthly usage charges and look at figures for 10,000 copies per month.

RESOLUTION NO. 121 (04) CVS SEWER EASEMENT

RESOLVED the Town Board accepts the sewer easement across the CVS Parcel and authorizes the Supervisor to sign papers necessary for its recording.

MOTION BY NAWROCKI, SECONDED BY HAMMOND

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 122 (04) EVERGREEN HILLS DRAINAGE EASEMENT

RESOLVED the Town Board accepts the drainage easement for Evergreen Hills and authorizes the Supervisor to sign papers necessary for its recording.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

A lengthy discussion followed on the Police Force. The Town Board feels the police force should be a Town Police Force versus a 25%-75% split arrangement with the Village. The terms of the current contract require the Town to give written notice of its intention to terminate the police contract prior to July 1 which will have a termination date of June 1 of the following year. This is the first step to take toward forming a town-wide police force that allocates true cost for police service. The only option to move forward with a town police force is to put the Village on notice. Once the Village is notified this will give the Town a year to make arrangements for a town-wide police force. Attorney Villani stated that if a termination notice is sent to the Village the Town is not backing out of police protection, simply performing a restructure.

RESOLUTION NO. 123 (04) POLICE CONTRACT TERMINATION NOTICE

WHEREAS it is the intention of the Town to create a town-wide police department for the purpose of allocating true costs for police services to all citizens via one tax rate for ALL residents

THEREFORE BE IT RESOLVED that the Town Board of the Town of Macedon hereby notifies the Village of Macedon it is the Town's intent not to renew the current contract for police services and

BE IT FUTHER RESOLVED that the Town Board hereby authorizes the Supervisor to notify the Village of this intended action in accordance with section 5.3 of the existing contract effective with the termination date of June 1, 2005.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NO. 112 PAGE 6

MAY 13, 2004

ABSTRACT NO. 5 - 04

CLAIM NOS. 8831-8986 Expenditures in the amount of $212,120.62

RESOLUTION NO. 124 (04) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY KENYON THAT THE MEETING BE AJOURNED. THE MEETING ADJOURNED AT 10:45 PM.

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Judy W. Gravino, RMC

Macedon Town Clerk