NO. 25 PAGE 1

NOVEMBER 10, 2005

A Regular Meeting of the Town Board of the Town of Macedon held November 10, 2005 at the Town Offices, 32 Main Street in the Village of Macedon, was called to order by Supervisor William Hammond at 7:30 P.M.

Pledge of Allegiance

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

Councilperson……….Paul Kenyon

Councilperson……….Ken Nawrocki

Supervisor…………...William Hammond

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

Deputy Town Clerk……...Linda Habecker

RESOLVED the Board approves the minutes of October 27, 2005 as presented.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY MAUL, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

_______________________________________________________________

7:35 PM PUBLIC HEARING – 2006 BUDGET

RESOLVED the reading of the legal notice published in the October 31, 2005 issue of the Times be waived.

MOTION BY NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Mr. Dan Allen,1489 Woodsview Way, questioned how employee benefits are set up in the budget. It was explained by Paul Kenyon that the employees are paid from multiple line items set by Department that each employee works for, it could be more than one.

NO. 25 NOVEMBER 10, 2005 PAGE 2

Kim Leonard, Town Accountant, entered the meeting at 7:40 P.M.

Mr. Jim Beckenbach, Empire Salvage, Creek Road, questioned if the police budget was increased. It was explained by Ken Nawrocki that there was an increase in wages, retirement, and medical-all of these would have taken place regardless of taking on the Police Department. Mr. Beckenbach also asked if a new police car was in the budget. David Maul stated that the $20,000 was not being used for a police car in the 2006 budget but the money is in a reserve account and any money left from the 2005 budget will also go into the reserve account.

Mr. Dan Allen asked that perhaps a summary page for totals in the budget might be added to next years budget printout.

All persons desiring to be heard, having been heard the public hearing was closed

RESOLVED that the Public Hearing be closed at 7:45 P.M.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED that the Preliminary Budget for the year 2006 be adopted.

MOTION BY NAWROCKI, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

BILL HAMMOND INTRODUCED THE BOARD AND THOSE IN ATTENDANCE TO JIM HEITZ, HEAD OF THE COUNTY MENTAL HEALTH DEPT. AND WELCOMED HIM TO MACEDON. MR. HEITZ HAS THIS DEPARTMENT SELF FUNDING AND WILL BE BALANCED AT THE END OF THE YEAR, GREAT ACCOMPLISHMENT.

Mark Henning, Route 31, asked if there were any repercussions from the previous people who wanted to purchase the Weisschadel property. Dave Maul stated that the Board had no idea at that time that the Town would be interested in this property. The reason the application was not approved was that the business was inappropriate for the area. He still could have purchased the property.

PROPERTY

WHEREAS, Robert Weisschadel is the reputed owner of a house and 12.32 acres of land situate at 1797 Canandaigua Road which property is contiguous with an existing Town park, and

WHEREAS, the Town of Macedon has established a reserve fund for the acquisition of park lands, and

WHEREAS, by purchase and sale contract, Robert Weisschadel has indicated a willingness to sell said real property and improvements to the Town of Macedon for the sum of $135,000 and the Town of Macedon wishes to purchase said property at said value for purposes of a Town park,

NO. 25 NOVEMBER 10, 2005 PAGE 3

BE IT RESOLVED, subject to permissive referendum, that the Town Board of the Town of Macedon hereby authorizes and directs the Supervisor of the Town of Macedon, on behalf of the Board, to take all actions necessary to convey, transfer to, execute and deliver and, where appropriate, cause to be filed or recorded of record, any and all documents to the Town of Macedon as may be necessary or proper for the purpose of conveying, executing and delivering marketable title to the Town of Macedon of the above referenced property at the purchase price of $135,000, which the Supervisor is hereby authorized to spend, and it is further

RESOLVED, that any said contract for said purchse shall be contingent on no less than the following:

1. Purchase price shall not exceed $135,ooo.
2. Contract is contingent on the permissive referendum requirements of this resolution. In the event of a permissive referendum not approving this purchase, said contract will be null and void.
3. Contract is contingent on review pursuant to the State Environmental Quality Review Act. In the absence of SEQRA approval, said contract shall be null and void.
4. Contact is contingent upon the buyer obtaining an acceptable environmental study showing the absence of any hazardous materials on site.

RESOLVED, that the clerk cause legal notice of this resolution to be published in the legal newspaper of the Town of Macedon in accordance with the applicable provisions of the New York Town Law.

MOTION BY KEN NAWROCKI, SECONDED BY MAUL

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

_______________________________________________________________

RESOLVED the reading of the legal notice published in the October 31, 2005 issue of the Times be waived.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Paul Kenyon stated that Harv’s Harley Davidson has been an asset to the community, they offer quality service and keep their place of business neat and clean. Normally the Board will not act on the night of request but in this case, with their past history and NO negative public comment the Board can act tonight.

All persons desiring to be heard, having been heard the public hearing was closed

RESOLVED that the Public Hearing be closed at 8:10 P.M.

MOTION BY KENYON, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

NO. 25 NOVEMBER 10, 2005 PAGE 4

RESOLVED the Town Board approve the Harv’s Harley Davidson’s request for an Expansion of a Non-Conforming use to build a 50 x 65’ storage building for additional space for used motorcycles.

MOTION BY MAUL, SECONDED BY NAWROCKI

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

BE IT RESOLVED that the Board grant a waiver of 4 to 1 ratio of the Town Land Use Regulation per request of Joann Kohmescher Honan and revised map filed 11/2/05 with the Town Building Office.

MOTION BY HAMMOND, SECONDED BY MAUL

UPON DISCUSSION BOARD DECIDED TO WITHDRAW THE MOTION SINCE THE WRITTEN REQUEST ON THE PROPERTY WAS NOT FROM MR. FORSAY.

MOTION WITHDRAWN BY HAMMOND, SECONDED BY MAUL

David Maul asked what the Operation & Maintenance Contract covers on the sewer. Bill Hammond stated that the contract covers the daily service to keep operation and maintenance, but does not cover repair costs.

Dave McEwen asked about the buildings vent proposals and if the repairs can be done by winter. Scott Allen stated that he has received the proposals, but needs to look them over and yes it can be done by winter, but it needs to go out for bid.

Paul Kenyon stated that an organization has requested the Town Clerk’s Office to sell business discount cards at the Town Hall. It was the concensus of the

Board that this was not an appropriate use of the Town employees.

McDuck Derby- Saturday, November 12^th from 12-3 P.M.

Odell Beverly Sr, Locust Circle, Walworth, stated that CVS needs better lighting at its Canandaigua Road entrance. He also said that the railroad tracks on Route 350 and also Canandaigua Road, they are the side rail tracks, probably owned by Pliant.

Bill Hammond stated that he excused Richard Roets from the Board Meeting tonight because it was his birthday and his family was taking him out. HAPPY BIRTHDAY DICK !!!!!!!!!!!

Jim Beckenbach asked what is being done about the Morrison property on Quaker Road, he stated it’s getting worse all the time. Bill Hammond and Scott Allen said that DEC has more influence, because of the consent order being issued and charges filed by the Department. The Town needs community support, perhaps letter writing or a petition.

RESOLVED the Board enter Executive Session at 8:55 P.M. to discuss possible litigation.

MOTION BY KENYON, SECONDED BY HAMMOND

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLVED the Board return to Open Session at 10:00 P.M.

MOTION BY NAWROCKI, SECONDED BY MCEWEN

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

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED