NO. 13 MAY 26, 2005 PAGE 1

A Regular Meeting of the Town Board of the Town of Macedon held May 26, 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: Councilperson…….Paul Kenyon Councilperson…….David Maul

Councilperson…….David McEwen Councilperson……..Ken Nawrocki

Supervisor………….William Hammond

Also Present: Town Attorney……..Anthony Villani

Town Engineer…….Scott Allen

Deputy Town Clerk..Linda Habecker

RESOLUTION NO. 155 (05) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 7:32 P.M. to discuss litigation.

MOTION BYHAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 156 (05) OPEN SESSION

RESOLVED the Board returns to Open Session at 7:58 P.M.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALLL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board approves the minutes of May 12, 2005 as presented.

MOTION BY KENYON, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board approves the minutes of May 18, 2005 as presented.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

REMINDER:

Memorial Day Parade starts at Town Hall at 11 A.M. on May 30, 2005.

Washburn Bike Tour coming through Macedon on Sunday May 29, 2005 at noon.

NO. 13 MAY 26, 2005 PAGE 2

Bob Cantwell from BME Engineering made a presentation concerning the proposed Waterford Custom Home Rezoning Application request on Wayneport Road.

RESOLUTION NO. 159 (05) WATERFORD CUSTOM HOMES REZONING

APPLICATION

RESOLVED the Town Board refers the Waterford Custom Home Rezoning Application Request of 41.15 acres on Wayneport Road from R-30 to R-22 for a 47-lot single family residential community to the Planning Board for their review.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 160 (05) LEAD AGENCY/WATERFORD CUSTOM HOMES

RESOLVED the Town Board having received an application for rezoning from R-30 to R-22 from Waterford Custom Homes and reviewed EAF, the Board declares its intent to act as lead agency and directs the Town Clerk to send out appropriate notices to that effect.

MOTION BY MAUL, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board appoints the following Summer Recreation Appointments for 2005 Summer Recreational Camp:

Sally Lynn Breen Assistant Director Arts & Crafts $10/hour

Karen Gregor Director $12/hour

Sue Fox Assistant Director $ 8/hour

Aubry Young Assistant Director $ 8/hour

Erin Hammond Student Helper $ 7/hour

Rachel Maul Student Helper $ 7/hour

Brandon Maxwell Student Helper $ 5.50/hour

MOTION BY KENYON, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND ABSTAIN MOTION CARRIED

NO. 13 MAY 26, 2005 PAGE 3

REPORTS – The Supervisor presented the following:

NYMIR REPORT

TOWN CLERKS MONTHLY REPORT

RESOLUTION NO. 162 (05) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 163 (05) BUDGET ADJUSTMENTS

RESOLVED the Town Board authorizes the following budget adjustments in accordance with the recent change orders approved by the Town Board.

HB 0960 Appropriations 13,950.00

HB 1990.401 Contingency 13,950.00

HB 0960 Appropriations 13,950.00

HB 8161.245 Clough, Harbor 2,500.00

HB 8161.293 Marcy Excavation 11,450.00

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 164 (05) SUMMER INTERN

BE IT RESOLVED the Town Board in its on going efforts to provide educational opportunities for High School and College Students

RESOLVES THAT THE Town will hire a part-time summer intern for the Town of Macedon not to exceed 16 hours/week at $6.00/hour from 5/31-8/26/05 to be expensed from B8010.100 and

BE IT FURTHER RESOLVED to approve the following budget adjustment:

B0510 Estimated Revenue $1500

2115 Planning Board Fees 1500

B0960 Appropriations $1500

B8010.100 Zoning Salary 1500

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 13 MAY 26, 2005 PAGE 4

RESOLUTION NO. 165 (05) PART TIME SUMMER INTERN POSTING

RESOLVE the Board authorize the Town Clerk to post the part time summer intern position until June 3, 2005,

BE IT FURTHER RESOLVED that applicants be interviewed by Town Supervisor and Town Engineer.

MOTION BY KENYON, SECONDED BY MCEWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND MOTION CARRIED

RESOLUTION NO. 166 (05) SYMBOLIC, INC. SUP PUBLIC HEARING

RESOLVED the Town Board schedules a Public Hearing on the Symbolic, Inc. request for a Special Use Permit for an athletic training facility at Izzo Golf Inc., 1635 Macedon Commons Parkway to be held June 9, 2005 at 8:30 P.M.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE

1. EFC-Bond Pool – 2005 B Summer Bond Pool
2. NRCS – offer of $91,598 in FRPP federal financial assistance/conservation easements of Rogers & Maier farms.
3. Erie Street update
4. Life Line Screening use of Community Room request.

Pal-Mac Basketball team has been recognized by the state and county for the State Class B Championship. Signs will be going up on Route 31 to acknowledge them.

RESOLUTION NO. 167 (05) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:28 P.M. to discuss personnel issues.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO.13 MAY 26, 2005 PAGE 5

RESOLUTION NO. 168 (05) OPEN SESSION

RESOLVED THE Board returns to open session at 10.09 P.M.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 169 (05) POLICE AGREEMENT

RESOLVED the Supervisor be authorized to sign the police agreement between the Town of Macedon and Macedon Police Officers effective June 1, 2005.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE

RESOLUTION NO. 170 (05) TOWN OF MACEDON ADOPTION OF NYS

COMPENSATION PLAN

WHEREAS, the Town of Macedon wishes to adopt the Deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions (the "Plan") for the voluntary participation of all eligible employees; and

WHEREAS,the Town of Macedon is a local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law:* and

WHEREAS, the Town of Macedon has reviewed the Plan established in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of the State of New York; and

WHEREAS, the purpose of the Plan is to encourage employees to make and continue to make and continue careers with the Town of Macedon by providing eligible employees with a convenient and tax-favored method of saving on a regular and long-term basis and thereby provide for their retirement;

*A local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law includes: a county, city, town, village or other political subdivision as defined in Section 131 of the retirement and Social Security law or civil division of the State; a school district or other governmental entity operating a public school, college, or university; a public improvement or special district, a public authority, commission, or public benefit corporation; or any public corporation, agency or instrumentality or unit of government which exercises governmental powers under the laws of the State.

NO.13 MAY 26, 2005 PAGE 6

NOW, THEREFORE, it is hereby;

RESOLVED, that the Town of Macedon hereby adopts the Plan for the voluntary participation of all eligible employees; and be it further

RESOLVED, that the appropriate officials of the Town of Macedon are hereby authorized to take such actions and enter such agreements as are required or necessary for the adoption, implementation, and maintenance of the plan; and it is further

RESOLVED, that the Administrative Services Agency is hereby authorized to file copies of these resolutions and other required documents with the President of the State of New York Civil Service Commission.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 171 (05) MACEDON ASSOCIATION OF POLICE

OFFICERS

RESOLVE the Town of Macedon recognizes the Macedon Association of Police Officers as the exclusive representatives for the purposes of collective negotiating and the settlement of grievances for police officers in the employ of the Town of Macedon.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 172 (05) VILLAGE POLICE OFFICERS TRANSFER TO

TOWN OF MACEDON

RESOLVE the Town Board accepts the transfer from the Village of Macedon the following officers: Sgt. Thomas R. Cooman

Sgt. John P. Colella

Officer Heath C. Farabell

Officer Randy J. Kuhn

Officer Timothy N. Doyle

pursuant to the collective bargaining agreement between the Town of Macedon and MAPO,

BE IT FURTHER RESOLVED that the Town of Macedon accept the transfer from the Village of Macedon one part time clerk, Sally C. Robinson.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,