NO. 9 PAGE 1

APRIL 14, 2005

A Regular Meeting of the Town Board of the Town of Macedon held April 14, 2005 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.

Upon Roll Call, the following members of the Board were present:

Absent: Councilperson………………David McEwen

Also Present: Highway Superintendent….Richard Roets

Town Accountant…………..Kim Leonard

Town Attorney………………Anthony Villani

Sandy Pagano - Macedon-Palmyra Chamber of Commerce is spotlighting the following businesses this month:

Parkwood Heights - Celebrate Daffodil Days - April 30, 2005 1 p.m. - 4 p.m.

Ontario National Bank - Open House - April 27, 2005 8 a.m. - 10 a.m.

Rich Struzzi, Nelson Leenhouts, and Tom Farrell represented Gananda Partnership requesting Pheasant Run be grandfathered from the new minimum square footage requirements due to the fact that they had received Planning Board approval. Councilperson Ken Nawrocki pointed out that the project was not ready to move forward at the time of the change and the Town has not taken dedication in the Pheasant Run project, therefore, is not eligible for building permits. Pheasant Run can not be treated differently than any other application made to the Building Department. The Town Attorney noted there were three options:

1. The Board couldn't give relief from new law unless they repealed it to allow the request.
2. Gananda Partnership has the option to go before the Zoning Board of Appeals on a per lot basis.
3. Attorney Farrell noted that under the New Community District it states that there is to be a mix of available homes to different income levels and felt perhaps that mix had not been met and suggested the Board should give relief to this project. The Board felt an application could be made showing that there is an imbalance in the mix to meet the criteria outlined in section 135-118 for the Board's consideration.

RESOLVED the Board waives reading of the legal notice published in the March 28, 2005 issue of the Times.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Attorney Neal Madden, Harter, Secrest & Emery and Todd Markevicz, P.E., APD Engineering represented Wal-Mart requesting a Special Use Permit for a gasoline sales facility at the southeast corner of the project north of Route 31. The County Planning Board reviewed the request and recommended its approval on February 23, 2005. ZBA granted an area variance and a positive referral for the gas station driveway setback on February 28, 2005. A negative SEQR declaration was received from the Town Planning Board on March 28, 2005.

NO. 9 PAGE 2

APRIL 14, 2005

Glen Root, Wilson Road - concerned about safety issues with the natural gas main proximity and the need for the number of gas pumps in a 3.3-mile area

John O'Mara, 4 Brooktree Terrace - in favor of competition

Frank Enos, 2330 Cornwall Drive - in favor of more competition

Shirley Root, Wilson Road - concerned with four gas stations in a small area and asked the depth of the berm

Attorney Neal Madden - The depth of the berm will be 50-foot width from the road right of way to the edge of the pavement. All infrastructures are environmentally sound and meet safety and environmental regulations. They are working with the Empire State Pipeline.

RESOLVED the Public Hearing be closed at 8:27 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board approves the Wal-Mart Special Use Permit to establish a motor vehicle service station on the North Side of Route 31 in the vicinity of Wayneport Road based on drawing SK 3 and SK 4 submitted on April 14, 2005, dated January 26, 2005 and revised April 12, 2005.

MOTION BY HAMMOND, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

REPORTS - The Supervisor presented the following report:

Town Clerk - May 2005 Report

RESOLVED the Board approves the report as submitted.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board approves the Intermunicipal Agreement between the Village of Palmyra and the Town of Macedon for Sewage Collection & Treatment Services dated March 17, 2005 and authorizes the Supervisor to sign said agreement.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board approves the following Budget Adjustments:

NO. 9 PAGE 3

APRIL 14, 2005

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board authorizes the Supervisor to sign and submit the Justice Court Assistance Program Grant Application.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board approves the Clough Harbour proposal agreement to Perform Macedon Landfill Post-Closure Monitoring and Maintenance Program and authorizes the Supervisor to sign.

MOTION BY KENYON, SECONDED BY HAMMOND

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board rescinds Resolution No. 85 (05) Computer IT Services - Nick Deming dated February 24, 2005.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

WHEREAS in the past, Councilmen Maul and Nawrocki have been donating their time in service of the technical demands of the town personnel and equipment,

And,

WHEREAS, at times such demands do exceed the available time, or require servicing more quickly than is possible,

BE IT RESOLVED that the Town Board hires Nick Deming part time for the purposes of providing Information Technology Services for the Town of Macedon a rate of $20.00/hour to be paid out of A1620.100

NO. 9 PAGE 4

APRIL 14, 2005

BE IT FURTHER RESOLVED that Mr. Deming will provide estimates for all tasks to either the Town Supervisor or designated Town Board member, and receive pre-approval from same prior to executing the work, and

BE IT FURTHER RESOLVED that this appointment shall take place immediately.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Town Board authorizes the installation of two 150 watt HPS lights installation cost to be by Mark Welker, Developer at Parkwood Heights Phase 3-B and said maintenance and power shall be provided in the Parkwood Lighting District SL4.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT 4-05

Claim Nos. 10564-10744 Expenditures in the amount of $235,766.24

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

RESOLVED the Supervisor is authorized to sign the agreement with Clough Harbour to provide professional engineering services for GIS mapping and sewer system evaluation for the Town of Macedon CHA Proposal No.: X13115 and that the Town Accountant is authorized to make any necessary budget adjustments.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board enters Executive Session at 10:44 p.m. to discuss particular personnel issues.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board return to Open Session at 11:55 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY KENYON THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:55 PM.

_________________________

Judy W. Gravino, RMC

Macedon Town Clerk