NO.14 JUNE 9, 2005 PAGE 1

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held June 9, 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

Hwy.Superintendent..Richard Roets

Deputy Town Clerk...Linda Habecker

Town Engineer……..Scott Allen

Todd Liebert from Clark Patterson Association was present and spoke on the ice build up problem on the eaves of the Town Complex over the winter. He discussed two alternatives to help in correcting this problem. The more permanent fix being to build enclosures around each heating unit in the attic. The Board has instructed Mr. Liebert to come up with a proposal for this project.

Norb Miller gave an update on the Macedon Recreation Programs. The Summer Recreation Program will be held at the Pal-Mac Middle School this year, due to construction at the Macedon Elementary School. This years program will also include a Stretch & Grow Program for 3 years and up.

RESOLUTION NO. 183 (05) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of June 9, 2005 with the following corrections:

Resolution NO. 161 (05) Brian Maxwell - $6.00 per hour

Resolution No. 155 (05) to discuss assessment litigation

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

NO. 14 JUNE 9, 2005 PAGE 2

 

RESOLUTION NO.184 (05) SUMMER INTERN

WHEREAS the Board received one (1) application for the position of part-time summer intern to provide educational opportunities for High School and College Students

BE IT RESOLVED that the Board appoint Lindsay Allen to the position of part-time summer intern for the Town of Macedon not to exceed 16 hours/week at a rate of $6.00/hour from 5/31/05-8/26/05 to be expensed from B8010.100.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 185 (05) FARMERS MARKET NUTRITION PROGRAM

RESOLVED Town Board approves the 2005 New York State Farmer’s Market Nutrition Program MARKET Participation Agreement and authorizes the Supervisor to sign said agreement for the Macedon Farmers Market.

MOTION BY NAWROCKI, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 186 (05) AGRICULTURAL & FARMLAND PROTECTION

IMPLEMENTATION GRANT – MAIER, ROGERS & WEBER

RESOLVED the Town Board approves the Agricultural & Farmland Protection Implementation Grant Contract No. C800608 in the amount of $503,104 for the Paul & Susan Maier, Leo & Carolyn Rogers and Emil Weber Farms and authorizes the Supervisor to sign said agreement.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

NO. 14 JUNE 9, 2005 PAGE 3

 

RESOLUTION NO. 187 (05) SUMMER RECREATION/JENKINS/KARNS/FORD

RESOLVED the Board appoints Amber Jenkins for summer help in the Recreation Program at a rate of $10.00 per hour to be expensed from A7312.400 by voucher.

BE IT RESOLVED that Mike Karns be appointed as Soccer Camp Instructor, to be paid $1,000.00 and Josh Ford be appointed as Tennis Camp Instructor at $10.00 per hour, both to be paid by voucher and expensed from A7312.400.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND MOTION CARRIED

8:00 PROPOSED LOCAL LAW #8 OF 2005 AMEND MACEDON TOWN CODE REZONING OF LAWRENCE PROPERTY AT EDDY ROAD & GANANDA PARKWAY PUBLIC HEARINGS

RESOLUTION NO. 188 (05) LEGAL NOTICE WAIVED

RESOLVED that reading of the legal notice published in the May 23, 2005 issue of the Times be waived.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Doug Allen stated that he wants to rezone from AR-40 to NCD to make room for industry development to continue down that corner.

Ken Nawrocki stated that there should be no more housing developments, which currently an NCD zoning would allow.

David Maul said that the Planning Board has been slowly making changes to the NCD requirements and they should be done in the next few weeks. If Doug Allen was not in a hurry for his rezoning decision it may be wise to wait until changes are made. The Planning Board will be assigning conditions to NCD that will be more understandable by everyone.

 

 

 

NO. 14 JUNE 9, 2005 PAGE 4

Gail Ellsworth, 3025 Canandaigua Road questioned if the flag lot on the zoning map reflected that there was room now for industrial development. Does the NCD zoning mean that the Town has no control over what goes in the area.

David Maul stated that the Planning Board was trying to improve this situation, currently the NCD is too liberal.

Keith Donohue, 3174 Valley Drive asked who the current developer was in this area. He also stated that Mr. Allen did not show exactly what his plans were for the rezoning to NCD, and being on the Planning Board causes a conflict of interest.

David Maul said that the Board was not prepared to approve tonight, waiting for the rewrite of the NCD.

Doug Allen stated that he excuses himself from any decisions that might pertain to him and his vote counts as a NO vote – 4 votes are needed to pass a decision.

Gail Ellsworth asked if Local Law 8 were passed tonight and the NCD changed can the original decision be grandfathered in.

Ken Nawrocki stated that is not the case, when an application is made for a site plan the code that is in place is enforced.

RESOLUTION NO. 189 (05) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing closed at 8:32 P.M.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

8:32 SYMBOLIC, INC.- SPECIAL USE PERMIT TO OPRATE AN ATHLETIC TRAINING FACILITY AT IZZO GOLF, INC. 1635 MACEDON COMMONS PARKWAY PUBLIC HEARING

RESOLUTION NO. 190 (05) LEGAL NOTICE WAIVED

RESOLVED that the reading of the legal notice published in May 30, 2005 issue of the Times be waived.

MOTION BY HAMMOND, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

It was noted by the Board that this project has received a positive referral from the Town and County Board

NO. 14 JUNE 9, 2005 PAGE 5

RESOLUTION NO. 191 (05) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:36 P.M.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 192 (05) FEE SCHEDULE AMENDED

RESOLVE Town Board adopt the amended fee schedule as presented by the Town Engineer on June 9, 2005 effective June 10, 2005.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 193 (05) LETTER OF CREDIT RELEASE/PHEASANT RUN

RESOLVE Town Board approve letter of credit release #7 for Pheasant Run Subdivision.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Councilman Dave McEwen left meeting at 8:48 P.M.

ROUNDTABLE

Councilman Maul would like the Town to look into the cost of a postage meter.

Attorney Anthony Villani informed the Board that civil action on the billboards has been filed this week.

Police Chief John Ellis has concerns about the Log Cabin Car Show every Wednesday evening. There are more people, more problems, & more accidents. Currently about 800 cars and 300 motorcycles come for this event, takes too much time from his police coverage for the rest of the community. Asked the Board if they could ask for reimbursement for extra police time and effort to cover this event.

 

 

 

 

 

NO. 14 JUNE 9, 2005 PAGE 6

 

Earl Hinkson, Frey Road stated that cars are parking on both sides of W. Walworth Road, racing and loud music. Board will check will Wayne County Sheriffs Office concerning additional coverage.

ABSTRACT NO. 111

CLAIM NOS. 10894 – 11036 Expenditures in the amount of $138,182.72

RESOLUTION NO. 194 (05) APPROVAL OF CLAIMS

RESOLVED the Board approves the bills as audited.

MOTION BY MAUL, SECONDED BY HAMMOND

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE

Constellation Energy – ribbon cutting ceremony "Emergency Offsite Facility/Joint News Center" Friday, June 24th from 11-about 1

Office of Real Property Service – tentative rate – 100%

Stephanie Benson – Edgemere Development apply to NYS Affordable Housing

Unified Court System (receipt of application)

Replace Canal Signs

Fire Alarm Inspection Report – Town Hall and Library

Macedon Spot Light Businesses

RESOLUTION NO. 195 (05) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:08 to discuss a personnel issue. Kim Leonard and Chuck Jefferson were asked to go into Executive Session with Board.

MOTION BY MAUL, SECONDED BY HAMMOND

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

NO. 14 JUNE 9, 2005 PAGE 7

 

RESOLUTION NO. 196 (05) OPEN SESSION

RESOLVED the Board returns to open session at 11:34 P.M.

MOTION BY KENYON, SECONDED BY HAMMOND

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:35 P.M.

 

 

 

____________________________________

Linda Habecker

Deputy Town Clerk