NO. 3                                                                                                                 PAGE 1

JANUARY 22, 2009

WEB SITE http://macedontown.net

 

 

A Regular Meeting of the Town Board of the Town of Macedon held January 22, 2009 at the Town Offices, 32 Main Street in the Village of Macedon, was called to order by Supervisor William Hammond 7:30 P.M.

 

Pledge of Allegiance by Cub Scout Den 4, Pack 166.

 

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

Councilperson……….Paul Kenyon

                                    Councilperson……….David Maul

                                    Councilperson……….Cassandra Pagano

Supervisor…………...William Hammond

 

Absent:                       Councilperson……….David McEwen

 

 

Also Present:           Police Chief…………..John Colella

Town Attorney……..…Anthony Villani

                                    Town Engineer……….Scott Allen

                                Town Clerk …………...Judy Gravino

 

While updating and organizing the Macedon Historical Society’s inventory, Sally Millick discovered Records of the Town of Macedon from 1823-1851.  It is believed the book was rescued from a 1950’s fire in the Town Barn.  Sally turned the book over to the Town Clerk, who has contacted firms for restoration quotes.   

 

RESOLUTION NO. 52 (09) MINUTE BOOK RESTORATION

RESOLVED to authorize the Town Clerk to obtain quotes to restore the Town of Macedon Minute Book from 1823-1851 and proceed with restoration within budget.

MOTION BY PAGANO, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

DOT has posted the Canandaigua Road Bridge at five (5) ton or 10,000 pounds effective January 22, 2009. 

 

Civil Service has posted the ALS exam for the Town Ambulance.  The current list contains eight names.

 

Kelly Pronti, Harter Secrest & Emery presented the Wal-Mart dedication papers for easements and utilities. 

 

RESOLUTION NO. 53 (09) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of January 8, 2008 as presented.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

Supervisor Hammond presented the following reports:

Building/Zoning

Town Clerk Annual Report

 

RESOLUTION NO. 54 (09) 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 ABSENT,

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

NO. 3                                                                                                                 PAGE 2

JANUARY 22, 2009

 

RESOLUTION NO. 55 (09) VAN ETTEN SPECIAL USE PERMIT REFERRED TO PLANNING

RESOLVED the Town Board refer the Special Use Permit application from Thomas & Joanne VanEtten to operate a small business in an AR-40 Agricultural/Residential District, consisting of selling coal and coal stoves, to the Town and County Planning Boards.

Discussion followed that the coal stoves will not be physically sold on the premises.  It will be brochure and order only.  Coal will be stored on site.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 56 (09) GERKEN SPECIAL USE PERMIT REFERRED TO PLANNING

RESOLVED the Town Board refer the Special Use Permit application from George H. Gerken, for semi-public uses and building to operate a Women’s dance and fitness club at 1727 Canandaigua Road in an R-30 Residential District, to the Town and County Planning Boards.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

The Town Board acknowledges that the Town Clerk has presented her 2008 books for review.

 

RESOLUTION NO. 57 (09) WAL-MART STORMSEWER, SANITARY AND WATERMAIN ACCESS EASEMENT

WHEREAS, Wal-Mart Real Estate Business Trust (“Wal-Mart”) is the owner of certain real property identified as Tax Parcel Identification Number 61111-00-320806 and 61111-00-286854 (the “Wal-Mart Tract”); and

 

WHEREAS, Wal-Mart submitted an application for subdivision approval and a final subdivision plan (the “Subdivision Plan”) to the Town of Macedon Planning Board (the “Planning Board”) evidencing its proposed subdivision of the Wal-Mart Tract; and

 

WHEREAS, Wal-Mart submitted an application and site plan (the “Site Plan”) to the Planning Board in connection with construction of a Wal-Mart Supercenter on the Wal-Mart Tract; and

 

WHEREAS, the Planning Board, acting as State Environmental Quality Review Act (“SEQRA”) Lead Agency, engaged in a lengthy review process which culminated in the issuance of a SEQRA finds statement adopted by the Lead Agency, and later amended by the Planning Board; and

 

WHEREAS, by resolution dated April 25, 2005, the Planning Board granted Wal-Mart final site plan and subdivision approval (“Site Plan Approval”); and

 

WHEREAS, in connection with the Wal-Mart Supercenter construction, a “Stormwater Sewer,” “Sanitary Sewer,” and “Watermain” were constructed on the Wal-Mart Tract; and

 

WHEREAS, by resolution dated January 22, 2009, the Town Board accepted in dedication the Stormwater Sewer, Sanitary Sewer, and the Watermain; and

 

WHEREAS, a Stormwater Sewer Access Easement, Sanitary Sewer Access Easement and Watermain Access Easement are to be located on portions of the Wal-Mart Tract; and

 

 

NO. 3                                                                                                                 PAGE 3

JANUARY 22, 2009

 

WHEREAS, Wal-Mart wishes to provide the Town of Macedon with a Stormwater Sewer Access Easement, Sanitary Sewer Access Easement and Watermain Access Easement.  Copies of which are attached hereto.

 

WHEREAS, the Town of Macedon Town Board, after due review and consideration, further deems it appropriate to enter into the Stormwater Sewer Access Easement, Sanitary Sewer Access Easement and Watermain Access Easement.

 

NOW THEREFORE, BE IT RESOLVED, that the Town of Macedon Town Board hereby accepts the Stormwater Sewer Access Easement, Sanitary Sewer Access Easement and Watermain Access Easement and agreements, descriptions and maps all of which are attached hereto and further authorizes William Hammond to sign such easements and agreements on behalf of the Town of Macedon.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 58 (09) WAL-MART INTERNAL ROADWAY & IMPROVEMENTS DEDICATION

WHEREAS, Wal-Mart Real Estate Business Trust (“Wal-Mart”) is the owner of certain real property identified as Tax Parcel Identification Number 61111-00-320806 and 61111-00-286854 (the “Wal-Mart Tract”); and

 

WHEREAS, Wal-Mart submitted an application for subdivision approval and a final subdivision plan (the “Subdivision Plan”) to the Town of Macedon Planning Board (the “Planning Board”) evidencing its proposed subdivision of the Wal-Mart Tract; and

 

WHEREAS, Wal-Mart submitted an application and site plan (the “Site Plan”) to the Planning Board in connection with construction of a Wal-Mart Supercenter on the Wal-Mart Tract; and

 

WHEREAS, the Planning Board, acting as State Environmental Quality Review Act (“SEQRA”) Lead Agency, engaged in a lengthy review process which culminated in the issuance of a SEQRA finds statement adopted by the Lead Agency, and later amended by the Planning Board; and

 

WHEREAS, by resolution dated April 25, 2005, the Planning Board granted Wal-Mart final site plan and subdivision approval (“Site Plan Approval”); and

 

WHEREAS, as part of the Site Plan Approval, Wal-Mart is required to construct a 3.31 acre right of way on the Wal-Mart Tract and the Robert L. Murphy Family Limited Partnership Tract (the “Row”); and

 

WHEREAS, in connection with the Wal-Mart Supercenter construction, a stormwater sewer, sanitary sewer, and watermain were constructed on the Wal-Mart Tract (the “Wal-Mart Improvements”); and

 

WHEREAS, the ROW and Wal-Mart Improvements have been constructed and have been inspected by the Town of Macedon Engineer; and

 

WHEREAS, Wal-Mart desires to dedicate 2.759 acres of the ROW and Wal-Mart Improvements, legal descriptions and drawings of which are attached hereto, to the Town of Macedon; and

 

WHEREAS, Robert L. Murphy Family Limited Partnership desires to dedicate .549 acres of the ROW to the Town of Macedon; and

 

WHEREAS, the Town of Macedon wishes to accept the ROW and will own and maintain the ROW and the Wal-Mart Improvements; and

NO. 3                                                                                                                 PAGE 4

JANUARY 22, 2009

 

WHEREAS, the Town of Macedon and Wal-Mart will enter into a Stormwater Sewer Access Easement, Sanitary Sewer Access Easement, and Watermain Access Easement to facilitate maintenance of and access to the Wal-Mart Improvements; and

 

WHEREAS, the Town of Macedon Town Board, after due review and consideration, further deems it appropriate to accept Wal-Mart’s offer of dedication of the ROW and the Wal-Mart Improvements.

 

WHEREAS, the Town of Macedon Town Board after due review and consideration, further deems it appropriate to accept Robert L. Murphy Family Limited Partnership’s offer of dedication of the ROW.

 

NOW THEREFORE, BE IT RESOLVED, that the Town of Macedon Town Board hereby accepts the dedication fo the ROW and Wal-Mart Improvements, descriptions and drawings of which are attached hereto and further authorizes William Hammond to sign such documentation necessary to effectuate the transfer of the ROW and Wal-Mart Improvements on behalf of the Town of Macedon.

MOTION BY HAMMOND, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

The Highway Superintendent will begin plowing upon recording of paperwork.

 

RESOLUTION NO. 59 (09) POLICE COMPUTER PURCHASE/LICENSE PLATE READER SYSTEM

BE IT RESOLVED that the Chief of Police is authorized to purchase a Dell Latitude D360 laptop as per the attached specifications for a cost not to exceed $703.  Purchase to be expensed from the Federal Seizure Account.  The laptop will be a dedicated use for the NYS DCJS License Plate Reader system secured from grant funding provided by NYS.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

Supervisor Hammond and Chief Colella met with Wal-Mart and discussed needs of the Police and Ambulance Departments.

 

A farmer on Canandaigua/Magog Road has had problems with snowmobiles on his wheat fields.  Operators of the snowmobiles must get permission from landowners prior to riding on someone’s property or it will be considered trespassing.

 

The Macedon Town Ambulance Volunteer Group collected $4,000+ in donations for 2008.

 

RESOLUTION NO. 60 (09) COLELLA PROMOTED TO CHIEF OF POLICE

BE IT RESOLVED to accept the recommendation of Wayne County Civil Service to appoint John Colella to the permanent position of Chief subject to the Civil Service 12 week probationary period effective January 13, 2009.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

NYSDAM Farmland Protection Implementation Grant announcements will be delayed until State budget issues are resolved.

 

Mr. Kelly will be the lead person for Macedon on the EMS Advisory Board with Kim Leonard as an alternate for the Ambulance.

 

 

NO. 3                                                                                                                 PAGE 5

JANUARY 22, 2009

 

RESOLUTION NO. 61 (09) FLAGS – TOWN OF MACEDON

RESOLVED the Supervisor is authorized to purchase 25 Town of Macedon Flags not to exceed $1,150 to be expensed from A1620.400.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 62 (09) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:45 p.m. to discuss particular personnel issue.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 63 (09) OPEN SESSION

RESOLVED the Board return to Open Session at 10:05 p.m.

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

MOTION BY KENYON, SECONDED BY PAGANO THAT THE MEETING BE ADJOURNED AT 10:06 PM.

 

 

__________________________

Judy W. Gravino, RMC

Macedon Town Clerk