NO. 23 PAGE 1

OCTOBER 14, 2004

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held October 14, 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 McEwen

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

Town Clerk………………....Judy Gravino

Town Engineer……………...Scott Allen

RESOLUTION NO. 221 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of September 23, 2004 as submitted.

MOTION BY MAUL, SECONDED BY KENYON

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

REPORTS - The Supervisor presented the following reports:

Macedon Police September Monthly Report

Building & Zoning Office 3^rd Quarterly Report

Macedon Police Farmington Road Radar Details

Recreation Director's 2004 Budget Spreadsheet

RESOLUTION NO. 222 (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 ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Sharon Celentano, representing the Garden Club, thanked the Palmyra-Macedon Rotary and Paul Kenyon for the gift of a Red Oak in honor of Rotary's 100^th year celebration. Sharon will meet with Dick Roets and Norb Miller to locate a planting area at Bullis Park. The Garden Club will also be donating another Maple tree.

CORRESPONDENCE - The Supervisor presented the following:

1. An explanation of the allocation methodology and purpose of the distribution of 2004 STAR Administrative Aid for the Town of Macedon.
2. Wayne County Planning Committee Minutes of September 30, 2004 regarding recycling.
3. A letter from Don & Carol Ryan to the Assessor requesting the portion of their property at 4 Drumlin Drive that is located in the Town limits be annexed into the Village of Macedon.
4. Resignation letter from John Gravino from the Zoning Board of Appeals, Bullis Park Custodian and Bullis Park Open/Close Person to meet the New York State Retirement System's requirement of a one day separation of service effective October 30, 2004.
5. Formal complaint from several residents regarding Long Acre Farms and the Aero Space Park.
6. Macedon - Palmyra Chamber of Commerce October, 2004 Monthly Newsletter spotlighting Long Acre Farms as the business of the month.

 

NO. 23 PAGE 2

OCTOBER 14, 2004

7. Recycling is currently charged on an assessment basis. Supervisor Hammond distributed the list of Wayne County Single Family Home Sales. The 2003 Macedon average home sale was $116,478 versus other towns that range as low as $41,000. An average household of four (4) in Macedon pays a much higher price for recycling than the household of four in a town where the average home sale is $41,000.
8. A listing of "Other Revenue" used to offset the expenditures in the Wayne County Budget.

October 21, 2004 - Macedon Public Library Bullis Collection Open House from 6-8 p.m.

October 28, 2004 - The public hearings on the 2005 Macedon Town Budget will be held

November 6, 2004 - The Friends of the Library will hold the Macedon Public Library

Wayne County Probation is looking for a location to hold meetings. Supervisor Hammond will handle. Wayne County Probation will be asked to schedule meeting dates with the Town Clerk's Office to avoid conflicts.

Richard Roets, Highway Superintendent - Bullis Park bathrooms will be closed this weekend to allow for winterizing.

Paul Kenyon, Councilperson - A joint Palmyra-Macedon and Gananda School Board meeting will be held at the Town Hall on October 18 at 7 p.m. to discuss a potential merger.

8:00 PM PUBLIC HEARING - LOCAL LAW NO. 4 & 5 OF 2004

LOCAL LAW NO. 4 - amending Chapter 135-183 Zoning - Off-street Parking &

LOCAL LAW NO. 5 - AMENDING Chapter 75-4 Land Use & Public Works -

RESOLUTION NO. 223 (04) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the September 27, 2004 issue of the Times.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Scott Allen reviewed the proposed changes to the Macedon Town Code. These changes basically apply to commercial and industrial building.

RESOLUTION NO. 224 (04) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:12 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The Town Board will not vote on the proposed Local Laws until they receive input from the Wayne County Planning Board.

NO. 23 PAGE 3

OCTOBER 14, 2004

RESOLUTION NO. 225 (04) ZONING BOARD OF APPEALS MEMBER, BULLIS PARK CUSTODIAN & BULLIS PARK OPEN/CLOSE PERSON RESIGNATION - GRAVINO

BE IT RESOLVED the Town Board accepts the resignation of John Gravino as Zoning Board of Appeals Member, Bullis Park Custodian & Bullis Park Open/Close Person effective October 30, 2004 pursuant to the retirement stipulation under the current New York State Retirement System and

BE IT RESOLVED that the Board appoints John Gravino to the positions of Zoning Board of Appeals Member effective November 1, 2004 at an annual salary of $436.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 226 (04) BUDGET ADJUSTMENTS

RESOLVED that the Town Board authorize the following budget adjustments:

A 0510 Estimated Revenues 27,655.00

A 2701 Refund of Prior Yrs. Exp. 27,655.00

A 0960 Appropriations 27,655.00

A 1450.400 Election - Contr. 455.00

A 1620.400 Buildings - Contr. 25,000.00

A 7110.400 Parks - Contr. 2,200.00

To record budget adjustments for additional unbudgeted expenses incurred for election, buildings and parks, covered by the unanticipated refund of prior years expense revenue for reimbursement of assessment litigation.

SS1 0960 Appropriations 2,300.00

SS1 9901.900 Transfer to Reserve 2,300.00

SS1 0960 Appropriations 2,300.00

SS1 8110.200 Sewer - Equip. 2,300.00

To record budget adjustments for additional expenses incurred for sewer equipment, will use money that was to be transferred to the sewer repair reserve fund. Village of Macedon DPW Sup't. John Gravino is bringing the sewer pumps and stations up to date before his retirement.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Judy Gravino, Town Clerk - The Governor signed the bill to eliminate the sunset on the Local Government Records Management Improvement and Cultural Education Fund Programs. Gail Fischer thanked the Town of Macedon for their participation in getting this passed as a permanent law by passing the "Sunset" Resolution.

Ken Nawrocki, Councilperson - The increase of insurance premiums is a result of actual appraisals of the new buildings. The Code Enforcement Vehicle has been eliminated from the policy. The Board declined terrorism coverage.

RESOLUTION NO. 227 (04) COMPUTER PURCHASE

RESOLVED the Supervisor be authorized to purchase four (4) PC computers not to exceed $1,200 each to be expensed equally from HA1621.200B and HA5132.200.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 23 PAGE 4

OCTOBER 14, 2004

Paul Kenyon, Councilperson - The Comptroller indicated that free minutes on Town cell phones could potentially be considered as a gift of public funds and suggested that Kim Leonard research.

8:30 P.M. LONG ACRE FARM & AERO SPACE PARK DISCUSSION

A petition containing 18 names was submitted to the Town Board opposing the Finger Lakes Aerosport Park activities run by Finger Lakes Aerosport Club, LLC at the Long Acre Farms owned by Doug and Joan Allen. Several residents voiced their opposition and support. Cheri Dohse represented the group opposed to the activity taking place at 1342 Eddy Road. Concerns consisted of constant noise from aircraft, property values, safety from low flying aircraft and hang glider pilots yelling down to the ground. The group felt that they attempted to address their issues with the Allen's but was unsuccessful in their efforts to resolve the issue. The airstrip that is grandfathered now generates revenue and asked if a variance should have been required. The group asked the Town Board for help and what the next step would be.

Doug Allen addressed issues of the February meeting. A silencer was put on the airplane and felt it lowered the noise substantially, however, increased the amount of tow time. He read the riot act to the hang glider pilots about yelling down to the ground. Powered parachutes were eliminated. The runway was expanded and the clubhouse was moved to stay farther away from the residents. Hang gliders do fly over the drumlin due to the warm air that flows up the hill. It is not illegal to fly over it and they are at least 500 feet in the air. Any lower than 500 feet and they would not make it back to the farm. 400 feet away a house appraised for $130,700 sold for $130,000. A farmer can financially continue as is, sell out or change the way he makes his income. The farm has gone from 100 % wholesale to 100% retail into an agricultural tourism farm. They employ 25 part-time and one full time employees.

Councilperson Nawrocki - Did not feel a special use permit was required because of the pre-existing use.

Councilperson Maul - Completely supports the Allen's right to earn a living. You have to change in order to stay alive. The use of this land has changed and suggests the grandfathering does not apply. If a special use were required he would support it. The special use permit would not stop the business but would include rules. The airstrip was in place 40 years ago. The use of the airstrip has changed out of necessity so it would not be grandfathered. Most importantly, the special use permit would put things in place for safety. If the residents feel this operation violates the noise ordinance that is where the appeal is.

Councilperson Nawrocki - Does not disagree the use has changed, however, he does not believe the special use permit is required. He feels there needs to be a cooperative relationship.

Supervisor Hammond - Admires the Allen's for what they are doing. Do we want the Allen's or possibly something across the street you don't want. The Board will report back.

Donna Komor, Assessor - Reviewed the Ryan request for annexation into the Village with the Town Board.

RESOLUTION NO. 228 (04) ENTER EXECUTIVE SESSION

RESOLVED the Board enters Executive Session to discuss a particular personnel matter at 10:27 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 23 PAGE 5

OCTOBER 14, 2004

RESOLUTION NO. 229 (04) OPEN SESSION

RESOLVED the Board returns to Open Session at 12:24 a.m.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT NO 10-04

Claim Nos. 9612-9772 Expenditures in the amount of

$1,167,832.60

RESOLUTION NO. 230 (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 ABSENT,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 12:25 PM.

_________________________________

Judy W. Gravino, RMC

Macedon Town Clerk