NO.
26 PAGE 1
DECEMBER 8,
2005
WEB SITE http://macedontown.net
A
Regular Meeting of the Town Board of the Town of Macedon held December 8, 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……….David
McEwen
Councilperson……….Ken Nawrocki
Supervisor…………...William
Hammond
Absent: Councilperson……….David
Maul
Also
Present: Town
Attorney……….Anthony Villani
Town Clerk……………Judy Gravino
RESOLUTION NO.
321 (05) APPROVAL OF MINUTES
RESOLVED
the Board approves the minutes of November 10, 2005 as presented.
MOTION
BY KENYON, SECONDED BY MC EWEN
ROLL
CALL VOTE: KENYON AYE, MAUL ABSENT, MC
EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
Recreation
Director, Norb Miller, presented the Board with budget figures from the
Recreation Programs. Councilperson
Kenyon stated how impressed he was with the growth of the program.
Correspondence:
A
letter dated November 22, 2005 commending Chief Ellis, Sergeant Colella and
Officer Farabell for their assistance in a recent narcotics investigation.
RESOLUTION NO. 322 (05) PHILIP STEIGER POST #494 AMERICAN
LEGION – GAMES OF CHANCE – BELL JAR
RESOLVED
the Board approves the Games of Chance License for the Philip Steiger Post #494
American Legion to conduct Bell Jar for the period of January 1, 2006 through
December 31, 2006.
MOTION
BY KENYON, SECONDED BY MC EWEN
ROLL
CALL VOTE: KENYON AYE, MAUL ABSENT, MC
EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLVED
that the Accountant Kim Leonard be authorized to make any necessary adjusting
and budgetary journal entries in closing the 2005 fiscal year.
MOTION
BY KENYON, SECONDED BY NAWROCKI
ROLL
CALL VOTE: KENYON AYE, MAUL ABSENT, MC
EWEN AYE,
NAWROCKI AYE,
HAMMOND AYE MOTION CARRIED
RESOLUTION
NO. 324 (05) ORGANIZATIONAL MEETING
SCHEDULED
Resolved
the Board schedules the Organizational Meeting for January 3, 2006 at 4 p.m. to
be held at the Town Hall, 32 Main Street.
MOTION
BY NAWROCKI, SECONDED BY MC EWEN
ROLL
CALL VOTE: KENYON AYE, MAUL ABSENT, MC
EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO.
26 PAGE 2
DECEMBER 8,
2005
A.E.Y., Daansen Road
Eastern Sand & Gravel, Macedon Center/Daansen Road
Elam Sand & Gravel, Walworth Road
Morrison Excavating, Barnes Road
Pulcini, 2466 Quaker Road
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE,
MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE
MOTION CARRIED
Councilperson Kenyon
commended Scott Allen, Town Engineer for his efforts related to the mines.
Resolved upon the recomendation of the town engineer
that the following Special Use Permits are renewed for the calendar year 2006
and will expire December 31, 2006 and that all prior conditions will be met as
required in 2005:
AT&T, 2285 Walworth Road
Alpco Recycling, 846 Macedon Center Road
County Line Raceway, 311 Route 31
Crown Atlantic, Route 31F
Dan’s Service Center, 665 Route 31F
Empire Auto Salvage, 2384 Creek Road
Finn, 337 Route 31
JT’s Drive In Car Shop, 688 Frey Road
Macedon Landscaping, 1711 Wayneport Road
Morrison Excavation, 740 Quaker Road
Nichols Gas & Oil, 922 31F
Pulcini, 2466 Quaker Road
Rochester Aero Modeling Society, 2529 Macedon Center Road
SBA Network Services, 1382 Wilson Road
Shiff’s Automotive, 1910 Route 31
Spinners – 280 Route 31
Stillwater Nursery, 1095 Quaker Road
True North Tractor, 2168 Canandaigua Road
VanHout, 1508 Alderman Road
WalMart Real Estate Bus. Trust, Rt. 31
Waste Management, Wayneport Road
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE,
MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE
MOTION CARRIED
RESOLVED the Town Board
schedules a special board meeting on December 22, 2005 at 11:30 a.m. to discuss
Wayne County Empire Zone and any other matters that may come before the Board.
ROLL CALL VOTE: KENYON AYE,
MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE
MOTION CARRIED
NO.
26 PAGE 3
DECEMBER 8,
2005
RESOLVED the Town Board
approves the Intermunicipal Agreement for Animal Control Services between the
Towns of Macedon, Marion, Ontario and Williamson for a two-year period,
commencing January 1, 2006 and terminating December 31, 2007 and authorize the
Supervisor to sign said agreement.
MOTION BY NAWROCKI, SECONDED
BY MC EWEN
ROLL CALL VOTE: KENYON AYE,
MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE
MOTION CARRIED
Supervisor Hammond and
Councilperson Kenyon commented on the great job Mark Plyter is doing as Animal
Control Officer.
RESOLVED the Board approves
and authorizes the Supervisor to sign the Snow & Ice Contract between Wayne
County and the Town of Macedon for County Roads from October 1, 2005 through
May 30, 2006.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE,
MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE
MOTION CARRIED
RESOLVED the Board approves
and authorizes the Supervisor to sign the Snow & Ice Contract between
NYSDOT and the Town of Macedon for the state roads to expire June 30, 2008.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE,
MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE
MOTION CARRIED
RESOLVED that the Macedon
Town Board authorizes the Blue Choice 25 Plan as presented as an additional
health insurance plan option for its employees effective 1/1/2006.
MOTION BY NAWROCKI, SECONDED
BY MC EWEN
ROLL CALL VOTE: KENYON AYE,
MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE
MOTION CARRIED
Upon the recommendation of
the Highway Superintendent and Town Engineer the Town Board accepts dedication
of Rider Lane road and utility easements as shown on the subdivision map dated
10/11/01 as preapproved.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE,
MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE
MOTION CARRIED
RESOLVED that the Macedon Town Board approve the following budget adjustments:
A 0510 Estimated Revenues 750.00
A 2705 Gifts 750.00
A 0599 Appropritated Fund Bal. 2200.00
A 0960 Appropriations 3500.00
A 5132.400 Garage Contractual 1320.00
A 7110.100 Park Salary 1500.00
A 7111.400 Concession Contractual 280.00
A 9060.800 Health Insurance 400.00
NO.
26 PAGE 4
DECEMBER 8,
2005
A 0960 Appropriations 6450.00
A 1355.400 Assessor 2200.00
A 3310.400 Traffic Control 1320.00
A 7110.400 Parks Contractual 1500.00
A 7110.100 Concession Salary 280.00
A 7312.400 Summer Recreation 750.00
A 9061.800 Dental 400.00
B 0510 Estimated Revenues 2566.00
B 2115 Planning Board Fees 2566.00
B 0960 Appropriations 2566.00
B 8020.400 Planning Board Contr. 2566.00
SS1 0510 Estimated Revenues 3000.00
SS1 2120 Sewer Rents 3000.00
SS1 0960 Appropriations 3000.00
SS1 8120.400 Sewer Collecting System 3000.00
To record budget adjustments to balance the cooks thru ll/30/05:
A- Appr. Fund balance necessary to offset Pomeroy Appraisals for farmland appraisals, to be reimbursed at the closing of the farmland properties. Donations offset add’l. recreation expenses, highway garage account offsets traffic control, Park Salary offsets contractual and concession contractual offsets salary.
B- Jo. Lu Engineering revenues offset the expenses incurred for them.
SS1- Additional sewer rents billed during 2005 and payable to the Village of
Macedon
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
BE IT RESOLVED that the Board grants a waiver of 4 to 1 ratio of the Town Land Use Regulations per the request of Don Forsay and revised map filed 11/02/05 with the Town Building Office.
MOTION BY NAWROCKI, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON NAY, MAUL ABSENT, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Daniel Lesinski, Developmental Disabilities Associate & Service Leader for Hillside Children’s Center, approached the Town Board regarding the community residence proposal for 1001 Farmington Road. Supervisor Hammond stated that this was informational only and not a public hearing. Hillside Children’s Center intends to establish a community residence or Individual Residential Alternative (IRA) in the Town of Macedon. The potential site for the home is 1001 Farmington Road. The home would offer services to support 5 male adolescent boys, one (1) from Wayne County, with developmental disabilities. These individuals will attend school or work in the community. The objective is to establish an IRA to enable individuals to reside in communities close to family and friends. The Town has forty days from the receipt of their letter of intent to respond in one of three ways:
NO.
26 PAGE 5
DECEMBER 8,
2005
Mr. Lesinski stated that Hillside’s purchase of the property does not change the approval process. They will move forward if approved or sell if not. The location will be licensed and operated by the Office of Mental Retardation Unit. The residents will have 24 hour supervision with staff hired from the area. This is a not for profit and, therefore, tax exempt. The residence will be funded through Medicaid, 50% state dollars and 50% federal dollars. The County will share if medical is Medicaid.
Councilperson Nawrocki asked what other sites were considered. Dave Howard stated that 20+ sites were considered, one on the other side of Wayside, Ontario and Fairport.
The Board asked what the neighbors voiced as concerns.
Councilperson Nawrocki was concerned with passing the burden onto the taxpayers of the Town of Macedon, the order of events and disagrees with the location based on the neighborhood location. Mr. Nawrocki suggested constructing a new facility in an area with sewers available would be better than a home of this age. It would be less impact to the taxpayers of Macedon to take a vacant lot off the tax roll versus a $300,000 home.
Dan Lesinski – The home needs minimal work. To build a house tax-exempt anywhere in the town takes longer and requires same services. This proposal will bring $700,000 to the community and would support whatever taxes are. 75% of the operating budget is for personnel. The hiring focus would be within 15 minutes of this location.
Councilperson Kenyon – Everyone could live in Fairport.
Dan Lesinski – Proximity of the residence in Wayne County is a benefit for the families. The residents would be 10-15 years of age and attend local school districts. Funding for their education would be the responsibility of the school district. These individuals would require special education classrooms or BOCES. Individuals could remain in the residence until their 21st birthday. The goal is to move them into the community or to another provider such as WARC. The overall ages in the home could be 10 to 21. They try to group an appropriate group of individuals with similar ages in the house at one time.
Councilperson Kenyon – Asked if the licensing was subject to change? Can you petition to change the scope of residents?
Dan Lesinski – The approval process would start again.
Supervisor Hammond – Could the number of residents go from 5 to 10 and would it come back to this board?
Dan Lesinski – They would have to apply for a certification of need, which would be a county approval. It could be put in writing to bring it back to this board. When asked if a resident committed a crime would they remain in the home it was likely that they would remain in the residence. They have thresholds to remove individuals from the home.
Attorney Anthony Villani reviewed the Board’s options. He felt the application process could have been handled better. Purchasing and closing sends a signal that you don’t care.
Dan Lesinski – This does not lessen the review process. Clearly discussion would have built a better working relationship. Expenses are met by the income and not funded by Hillside.
NO.
26 PAGE 6
DECEMBER 8,
2005
Attorney Villani – It was suggested Hillside might wish to make an exemption application to the Assessor because it is doubtful that this qualifies under section 420 when income meets expenses.
Councilperson Kenyon – The people in Macedon get to pay for this three times with Medicaid, State and Federal funding.
Councilperson McEwen – Has the septic been inspected?
The septic will handle up to 8 people.
Dave Howard – This home was the best that meets the needs with a line of sight. Hillside did not go with contingencies for fear of losing the house. The house meets the needs of the children. It will have full fire suppression, sharp corners addressed, the deck secured and parking modified. The pond will be drained or fenced. The school district provides good programs for the children.
Councilperson Maul entered at 8:40 p.m.
Mike Doran – If revenue expenditures go over Hillside provides its own funding. Hillside will underwrite those costs.
Councilperson Nawrocki – The ongoing cost of energy is a huge concern to us relating to refurbishing versus a new build. Macedon residents pay through state and federal taxes and now you are asking for tax-exempt.
Holly Waye – Represented the Concerned Residents of Farmington Road and voiced their concerns. She submitted several alternative sites obtained through a realtor.
Supervisor Hammond – I would have enjoyed working with you to find a site rather than the argumental potential.
Fairport has an existing facility.
Ora Rothfuss, Agricultural Specialist for Wayne County notified the Board of a new $1,000 grant writing fee for farmland preservation grant applications. Up to three (3) farms may apply in 2006. The policy of the Macedon Town Board has been no cost to residents for these grants. Mr. Rothfuss voiced his opposition to charging the farmers this fee.
GRANT APPLICATION WRITING FEE
RESOLVED the Town Board authorizes the Wayne County Planning Department to make grant application for Kemp, Geldorf and Toomey Farms, maximum submission allowed for the 2006 Farmland Grants, to New York State Ag & Markets and the Federal NRCS, at a later date, contingent upon the three (3) farmers agreement to pay their portion of the $1,000 Wayne County Planning fee for preparing the application and be it further
RESOLVED that if a farmer chooses not to participate that the Kobey/Drouin Farm will be submitted.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON NAY, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
The Town received a bill from Time Warner incurred by the Police prior to the Town assuming responsibility of the department. It was the consensus of the Board not to charge the Village their portion.
NO.
26 PAGE 7
DECEMBER 8,
2005
RESOLUTION NO. 336(05) LAWRENCE REZONING LEAD AGENCY
RESOLVED the Town Board declares itself lead agent for the SEQRA Review for the Lawrence request to rezone 24.00 acres of land, tax parcel ID#62113-00-495703 from AR-40 (Agricultural/Residential) to NCD (New Community Development) Local Law No. 1 of 2006 formerly numbered Local Law No. 8 of 2005.
And authorizes the Town Engineer to prepare the documents.
MOTION BY NAWROCKI, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON NAY, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
ABSTRACT 12-05
Claim Nos. 12041-12204 Expenditures in the amount of
$243,338.78
RESOLVED the bills be paid
as audited.
MOTION BY MC EWEN, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON NAY, MAUL AYE, MC EWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Motion by Maul, seconded by
Hammond that the meeting be adjourned at 11:45 p.m.
________________________________
Respectfully submitted by:
Judy W. Gravino, RMC
Macedon Town Clerk