NO. 22 PAGE 1

SEPTEMBER 23, 2004

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held September 23, 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

Councilperson………………David Maul

Councilperson………………David McEwen

Councilperson………………Ken Nawrocki

Supervisor…..………………William Hammond

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

Town Clerk………………....Judy Gravino

Town Engineer……………...Scott Allen

Supervisor thanked Sara and Janet Bills for repainting the Town of Macedon signs as you enter Macedon.

Charles Perotti discussed possible code violations at Hillcrest and Arrowhead Mobile Home Parks regarding sheds. He stated he obtained permission to replace his shed and was reported. Town Code allows a mobile home to have one shed. Mr. Perotti requested the Town enforce the one shed rule at Hillcrest and Arrowhead. Town Engineer Scott Allen said it would be difficult to determine which sheds were preexisting and due to the lack of lot lines it would be hard to conclude which shed belong with which lot. Scott Allen will look into.

Supervisor Hammond asked if anyone was present to speak regarding Long Acres Farm.

Greg Reitz, 3081 Canandaigua Road - Voiced his support for Long Acres Farm.

Doug Allen, owner of Long Acres Farm stated that he is the 3rd generation on the farm and just celebrated their 76th year. The 1st generation was a dairy farm, 2nd was a crop farm and the 3rd generation is now an agricultural/tourism farm. He conveyed his frustration to the Town Board. Mr. Allen has previously held neighborhood meetings and made concessions to help mitigate some of the issues. Some neighbors fell they have an overwhelming sense of entitlement. Mr. Allen eliminated the powered parachutes due to their complaints. However, the neighbors ride dirt bikes and snowmobiles on his property without his permission. People love aviation and it works. They want their rights back to take their farm back. Long Acres Farm pays $25,000 in taxes per year. The Farm Bureau has issued a declaration that agriculture/tourism is an industry to protect them under the Right To Farm Laws. Mr. Allen asked the Town Board for a little protection.

Councilperson Maul was not aware of an organized movement to shut this down.

Supervisor Hammond has received mail that he has passed on the Scott Allen. He would like to work this out.

Bill Leibenguth, 1544 Paddy Lane voiced his support for Doug Allen.

 

 

 

 

 

 

NO. 22 PAGE 2

SEPTEMBER 23, 2004

8:00 PM HEARING - 1306 MARY DRIVE - NOTICE OF UNSAFE PROPERTY & ORDER TO REMEDY - WASHINGTON MUTUAL BANK

The purpose of this hearing is to give the recipient of the notice a chance to come forward and voice any concerns with the order to remedy. There was no one present from Washington Mutual Bank. Scott Allen received a verbal that the house will be demolished. Washington Mutual Bank will have to demolish or remedy within the time line set forth. If they do not the Town will take action. They have 60 days from September 24, 2004.

Ora Rothfuss presented the 2004 Farmland Protection Project, which include the following farms - Kemp, Kobey-drouin, Rogers, Maier, Geldorf and Weber for a total of 880 acres.

RESOLUTION NO. 209(04) FARMLAND PROTECTION GRANT APPLICATION

GELDORF, KEMP, KOBEY, MAIER, ROGERS & WEBER

WHEREAS, Brian Geldorf, Charles Kemp, Kevin Kobey, Paul Maier, Leo Rogers and Emil Weber (Landowners) are active farmers in Macedon, who collectively own approximately 880 acres of farmland; and are willing to consider selling the development rights for their properties; and

WHEREAS; the Macedon Comprehensive Plan draft currently under review establishes a goal of 6227 acres of land for agricultural preservation, and identifies the purchase of development rights as a tool to accomplish this goal;

NOW, THEREFORE, BE IT RESOLVED that the Town of Macedon hereby authorizes and directs the Wayne County Planning Department to prepare, and the Town Supervisor to submit, an application for funds from the New York State Department of Agriculture and Markets on its behalf, in accordance with the provisions of the Clean Water/Clean Air Bond Act and the State Environmental Protection Fund, to purchase the development rights from this landowner.

MOTION BY HAMMOND, SECONDED BY NAWORCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 210 (04) PROPOSED LL 4 & 5 PUBLIC HEARING SET

RESOLVED that the Town Board set a Public Hearing for October 14, 2004 at 8:00 p.m. on proposed Local Law 4 & 5 of 2004 Chapter 135 Zoning and Chapter 75 Land Use and Public Works of the Town of Macedon Code and authorize the Town Clerk to advertise.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 211 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of September 9, 2004 as submitted.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

REPORTS - The Supervisor presented the following reports:

Macedon Police August Monthly Report

RESOLUTION NO. 212 (04) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

NO. 22 PAGE 3

SEPTEMBER 23, 2004

RESOLUTION NO. 213 (04) SURPLUS CAR BID

WHEREAS the Macedon Town Board declared the Building & Zoning 1993 Chevy Caprice, 4 door, 8-cylinder car surplus at their August 25, 2004 meeting and

WHEREAS the legal appeared in the Times on August 30, 2004 and September 6, 2004 with a minimum bid of $750 and

WHEREAS one sealed bid was received

BE IT RESOLVED that the Town Board awards the bid of $866.10 to Jeffrey Traikoff and that the proceeds of this sale be placed in the cash reserve for the building and zoning car fund account.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 214 (04) TOWN ACCOUNTANT COMPUTER PURCHASE

RESOLVED to purchase a new computer for Town Accountant to be expensed from Town Complex Capital Projects Contents Fund HA1621.200B not to exceed $1,000.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 215 (04) MACEDON CENTER FIRE ASSOCIATION FIRE PROTECTION SERVICES PUBLIC HEARING SET FOR 10/28/04 AT 7:35 PM

RESOLVED that a public hearing be set for October 28, 2004 at 7:35 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed fire protection agreement between the Town of Macedon and the Macedon Center Volunteer Firemen's Association for fire protection services for the year 2005.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 216 (04) VILLAGE OF MACEDON FIRE PROTECTION & AMBULANCE SERVICES PUBLIC HEARING SET FOR 10/28/04 AT 7:50 PM

RESOLVED that a public hearing be set for October 28, 2004 at 7:50 p.m. prevailing time at the Macedon Town Hal for the purpose of obtaining public comment on the proposed fire protection agreement and town-wide ambulance coverage between the Village of Macedon and the Town of Macedon for the year 2005.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 217 (04) FARMINGTON FIRE ASSOCIATION FIRE PROTECTION SERVICES FOR THE YEARS 2005 & 2006 PUBLIC HEARING SET FOR 10/28/04 AT 8:05 PM

RESOLVED that a public hearing be set for October 28, 2004 at 8:05 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed fire protection agreement between the Farmington Volunteer Firemen's Association and the Town of Macedon for the years 2005 & 2006.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

NO. 22 PAGE 4

SEPTEMBER 23, 2004

RESOLUTION NO. 218 (04) PRELIMINARY BUDGET PUBLIC HEARING SET FOR 10/28/04 AT 8:20 PM

RESOLVED that a public hearing be set for October 28, 2004 at 8:20 PM prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the preliminary 2005 budget for the Town of Macedon and directs the Clerk to publish notice of said hearing.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE - The Supervisor presented the following:

  1. Letter from Tim Doyle, President - Macedon Association of Police Officers requesting an informal meeting. The Attorney will respond.
  2. DOT approved a 45-mph speed limit on Eddy Road between Gananda Parkway and Route 350.
  3. DOT denied a lower speed limit on Gananda Parkway between Eddy Road and the Macedon Town Line.
  4. DOT approved a 30-mph speed limit on Research Forrest between Gananda Parkway and Canandaigua Road.
  5. Notice of a Special County Planning Committee meeting scheduled September 30 to discuss the County's recycling program at 9:00 a.m.
  6. A letter regarding the County Recycling Program
  7. Pond Road Correspondence
  8. Court Audit


Councilperson McEwen authorized the replacement of windows in the Bullis Room.

RESOLUTION NO. 219 (04) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:45 p.m. to discuss a particular personnel issue.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 220 (04) OPEN SESSION

RESOLVED the Board returns to Open Session at 11:15 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:38 PM.

 

 

 

__________________________________

Judy W. Gravino, RMC

Town Clerk