The Regular Meeting of the Town Board of the Town of Macedon held June 13, 2002 at the Town Complex, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William H. Hammond at 7:30 p.m.

Pledge of Allegiance.

Upon Roll Call, the following members of the Board were present:
                                               Councilperson………………Dean Collins
                                               Councilperson………………Paul Kenyon
                                               Councilperson………………David Maul
                                               Councilperson………………Kenneth Nawrocki
                                               Supervisor…………………..William Hammond

Also Present:
                                               Attorney…………………….Anthony Villani
                                               Town Clerk…………………Judy Gravino

RESOLUTION NO. 169 (02)  APPROVAL OF MINUTES
RESOLVED the minutes of May 23, 2002 be approved with the following correction:
Resolution No. 161 should read the year 2002.
MOTION BY KENYON,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

REPORTS – The Supervisor presented the following:
Macedon Police May 2002 Report
Macedon Recreation May & June Report
Macedon Planning Board – Positive Referral for Spinner’s Skate Center

RESOLUTION NO. 170 (02)  APPROVAL OF REPORTS
RESOLVED the reports submitted be approved.
MOTION BY MAUL,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 171 (02)  SPECIAL ELECTION INSPECTORS
WHEREAS the Town of Macedon has scheduled a Special Election on June 25, 2002 regarding the construction of a new Town Hall and Library be it

RESOLVED that the following individuals be appointed as Election Inspectors:

 Dorothy Mauser Virginia Everdyke Barb Putnam Judith Oaks
 Alice Kenyon  Ethel Wagemaker Pam Dibble Blanche Kemp
Marian McEvoy Dorothy Deubler Eunice Buss Allen Conroy
 Nina Rapp  Margaret Baker John Sargent Lois Gilbert
 Nora LaFave  Mary Ann Conroy  Earl May Peter LaFave

At an hourly rate of $7.00 per hour and be it further

RESOLVED that Judy Gravino, Town Clerk be authorized to fill any vacancies in the absence of any of the above.
MOTION BY MAUL,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED
 
 
 

NO. 12          PAGE 2
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RESOLUTION NO. 172 (02)  PROCLAMATION – UNDERAGE DRINKING
                                                 PREVENTION MONTH
WHEREAS, alcohol use among youth continues to be a significant concern both nationally and in Wayne County, with over sixty-percent of high school students having used alcohol and more than a quarter of high school students having consumed more than five drinks in the past 30 days; and

WHEREAS, the three leading causes of death among adolescents are accidents, homicides and suicides in which alcohol and other drugs are a major contributing factor; and

WHEREAS, a coalition of Wayne County citizens have been working together to Promote the Reduction Of Underage Drinking (PROUD) and that the PROUD Partnership is using research-based prevention strategies to address the serious problems related to underage alcohol use; now, therefore, be it

RESOLVED, that I, William H. Hammond, Supervisor of the Macedon Town Board, and members of the Town Board do hereby proclaim the month of June as Underage Drinking Prevention Month, and urge all adults and youth to work together to make this time of celebration, graduation and vacation a safe, sober and tragedy free time of joy.
MOTION BY HAMMOND,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

Paul Kukuvka, 3101 Daansen Road, submitted a petition requesting the speed limit be reduced on Daansen Road from 55 to 45 miles per hour.  He also requested the sharp curve be posted as a mandatory 35 mph instead of a suggested speed limit.

RESOLUTION NO. 173 (02)  DAANSEN ROAD SPEED REDUCTION REQUEST
RESOLVED the Clerk be authorized to pass along Mr. Kukuvka’s petition to the State for a speed reduction on Daansen Road as outlined in his petition.
MOTION BY HAMMOND,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

CORRESPONDENCE – The Supervisor presented the following:
1. Western Erie Canal Heritage Corridor Planning Commission July 18, 2002 agenda
2. Village Assessment Changes – Letter dated June 6, 2003 from Donna Komor, Assessor to Vaughn Fursman, Village Clerk
3. Time Warner – Letter dated March 25, 2002 regarding franchise fees on Cable Modem Service
4. United Way – Thank you note from Dave Read for the participation in the 2002 United Way/Red Cross Campaign
5. Building Code Effectiveness Grading Schedule – Insurance Services Office, Inc. will be administering this program to evaluate the community’s building code enforcement – focusing on natural hazard mitigation.  This is an insurance underwriting and information writing tool.
6. Providence Housing – St. Patrick’s Social Ministry Committee suggested the Town meet with Providence Housing to negotiate tax reduction.
7. Morrison Property, Quaker Road – Gail Jackson requested the Town address the issue of individuals dropping items along the roadside.  The Highway crew has cleaned up along the right-of-way.
8. Time Warner provided a copy of the “Consumer Guide to Cable and Home Entertainment Equipment” scheduled to be mailed in June.
9. Building & Energy Codes – It is anticipated that the Codes of New York State will be formally adopted in July of 2002.  There will be a 180-day transition period prior to complete compliance with the new code.  Article 10-A took effect on January 1, 2002 and applies to all new construction commenced on or after that date.

NO. 12          PAGE 3
JUNE13, 2002

10. Family Budget Counseling Program, Cornell Cooperative Extension Wayne County – Shared a success story of a family who was able to purchase a home in Macedon.
11. NYS Department of Health – Public Water Supply Systems will be inspected July 10, 2002.
12. NYS Department of Motor Vehicles – Chapter 12 of the Laws of 2002 regarding the display of blue lights effective April 18, 2002.
13. Village of Macedon 4/10/02 & 04/24/02 Meeting Minutes
14. Meadowview Mobile Home Park – Letter dated May 29, 2002 updating Scott Allen on the status of the park.
15. Empire Pipeline Litigation – May 20, 2002 letter from Kim Leonard to Robert Diener providing participation percentages in litigation
16. Wayne County Water & Sewer Authority – notification of new fees effective June 1, 2002
17. Town Sewer Transmission Lines & Pumping Stations – The Village of Macedon has requested a meeting to draw up and finalize a new contract agreement for the maintenance of town sewer.
18. NYMIR Annual Report  to Subscribers

RESOLUTION NO. 174 (02)  DISASTER GRANT PROJECT DIRECTOR
WHEREAS the Town of Macedon was awarded a $20,000 Disaster Grant on July 19, 2001 from the State Education Department, New York State Archives and

WHEREAS the grant provided the Project Director a salary of $1,000 to complete the disaster grant and records inventory and

WHEREAS Judy Gravino was appointed Project Director on July 26, 2001 as per the recommendation in the State Education Department letter dated July 19, 2001

BE IT RESOLVED that the Board authorizes the payment through the next scheduled payroll for hours spent above and beyond normal working hours.
MOTION BY MAUL,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Nicholas Yackiw, 365 East Avenue discussed several issues on speed, drainage, hunting, contamination, etc.  Supervisor Hammond will meet with Highway Superintendent Roets and Mr. Yackiw.

Councilperson Maul will look into web site options for the Town.  Residents have had difficulty accessing the Town’s current web site.

8:00 PM – SPINNERS - PUBLIC HEARING

Supervisor Hammond read the legal notice published in the May 27, 2002 issue of the Times.

The following persons spoke for or against the Special Use Permit to allow an outdoors-extreme skate center:

Scott Pease – For
Ken Keys - Requested the stop sign at Carlson and Wayneport be monitored.
Dan Hall – For
Kevin Rouster – 31 Waterford – For
Councilperson Maul- Requested stop signs be installed and caution traffic signs on the walkways.

All persons desiring to be heard, having been heard the Public Hearing was closed.
 

NO. 12          PAGE 4
JUNE13, 2002

RESOLUTION NO. 175 (02)  PUBLIC HEARING CLOSED
RESOLVED the public hearing be closed at 8:14 p.m.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 176 (02)  SPINNERS – SPECIAL USE PERMIT
RESOLVED the Board approves the Special Use Permit for Spinner’s Skate Center to modify the original Special Use Permit, RESOLUTION NO. 374 (01) dated December 20, 2001 to permit an expansion to allow a year round outdoor extreme skate center located in the Southwest parking area at 280 Route 31 contingent upon caution signs installed on walkways, all requests being met in Planning Board minutes dated May 13, 2002 and Town Board Resolution No. 374 (01) being met to the satisfaction of the Town Engineer.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 177 (02)  SUMMER RECREATION APPOINTMENTS
RESOLVED the Board appoints the following Summer Recreation Appointment for the 2002 Summer Recreational Program:
   Rachael Campbell – Director   $2,000
   Robin Campbell – Assistant Director       800
   Karen McGregor – Assistant Director                 800
   Kristin Norsen – Hourly Assistant         10/hour-voucher
   Stephanie Ellis – Hourly Assistant                        10/hour-voucher
                                    Dave Schultz  - Hourly Assistant                           10/hour-voucher
                                    James Youngman – Concession Stand Manager   10/hour
MOTION BY COLLINS,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Discussion followed on the Recreation Director being allowed to purchase materials with a credit card.  Councilperson Collins will meet with Norb Miller, Recreation Director.

PUBLIC HEARING – 8:30 PM – PROPOSED LOCAL LAW NO. 2 – 2002 –
TELECOMMUNICATION TOWERS

Supervisor Hammond read the legal notice published in the May 27, 2002 issue of the Times.

No one desiring to be heard, the public hearing was closed.

RESOLUTION NO. 178 (02)  PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be closed at 8:32 p.m.
MOTION BY HAMMOND,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
 
 
 
 
 
 
 
 
 
 

NO. 12          PAGE 5
JUNE13, 2002

RESOLUTION NO. 179 (02)  LOCAL LAW NO. 2-2002 – TELECOMMUNICATION
                                                 TOWERS - AMENDING SECTION 135-7 & ADDING
                                                 SECTION 135-182(A) TO THE CODE OF THE TOWN
                                                 OF MACEDON
RESOLVED the Town Board approves Local Law No. 2 – 2002 amending Section 135-7 of the Code of the Town of Macedon by adding the definition of “Telecommunication Tower” as defined in the proposed local law and by adding Section 135-182(a) which regulates Telecommunication Towers.
MOTION BY KENYON,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Rod Prosser, Lakeside Engineering requested the Town Board proceed with the SEQR process on the application submitted by Fairport Harbor Square Assoc.  The request is to rezone a 165.22-acre parcel consisting of 164 lots on the West Side of Wayneport Road from AR-40 to R-22.  A pumping station will be provided until sewers are available.  The 12 lots along Wayneport Road will remain R30.  Homes will range from $150,000-175,000.  John Herkins was concerned about the houses on a high presser gas main easement and a retention pond.

RESOLUTION NO. 180  (02)  FAIRPORT HARBOR SQUARE ASSOC. POSITIVE
                                                  DECLARATION
WHEREAS, Fairport Harbor Square Assoc. has petitioned the Town of Macedon to rezone a 165.22 acre parcel of land located on the west side of Wayneport Road between Wilkinson Road and Route 31, tax account #61111-00-084344 from AR-40 to R-22 for the purpose of constructing a single family residential development, be it

RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

1. The proposed action is subject to the State Environment Quality Review Act.
2. The proposed action involves a Federal agency, the Army Corps of Engineers.
3. The proposed action involves other agencies, including the NYSDEC, NYSDOT, Wayne County Highway, Wayne County Water and Sewer, and NYSDOH.
4. Using the information available and comparing it with the thresholds set forth in section 6NYCRR 617.4, the action is found to have a preliminary classification of Type 1.
5. The Long Form EAF part 1 has been submitted by the project sponsor, and Part 2 has been prepared by the Town Engineer identifying a number of potentially significant impacts, which have been considered to determine the significance of the Type 1 Action.
6. The proposed action is not located in a coastal area.
7. The proposed action is not located in an agricultural district.
8. The lead agency must determine the significance within 20 calendar days of its receipt of all information it may reasonably need to make the determination of significance.
9. More than one agency is involved and the Macedon Town Board is the lead agent.
10. The Macedon Town Board hereby determines that the proposed action will result in one or more significant adverse environmental impacts, an EIS will be required, scoping will be conducted, and hereby directs the Town Clerk to immediately prepare, file and publish the determination in accordance with section 6 NYCRR 617.12 and provide written notice to any other possible involved agency.
11. In reaching this finding, the Town Board has:
(a) considered the action as defined in sections 6 NYCRR 617.2(b) and 617.3(g);
(b) reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7(c) and any other supporting information to identify the relevant areas of environmental concern;
 

NO. 12          PAGE 6
JUNE13, 2002

(c) thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and
(d) will set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation.
12. In determining significance, the Town Board has:
(a) Determined whether the proposed Type 1 action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617.  The criteria considered indicators of significant adverse impacts on the environment were:
(i) a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;
(ii) the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources;
(iii) the impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14(g);
(iv) the creation of a material conflict with a community’s current plans or goals as officially approved or adopted;
(v) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;
(vi) a major change in the use of either the quantity or type of energy;
(vii) the creation of a hazard to human health;
(viii) a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses;
(ix) the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;
(x) the creation of a material demand for other actions that would result in one of the above consequences;
(xi) changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or
(xii) two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this subdivision.
13. For the purpose of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect and cumulative impacts, including other simultaneous or subsequent actions which were:
(i) included in any long-range plan of which the action under consideration is a part;
(ii) likely to be undertaken as a result thereof, or
(iii) dependent thereon.
14. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:
 
 

NO. 12          PAGE 7
JUNE13, 2002

(i) its setting (e.g., urban or rural);
(ii) its probability of occurrence;
(iii) its duration;
(iv) its irreversibility;
(v) its geographic scope;
(vi) its magnitude; and
(vii) the number of people affected.
MOTION BY NAWROCKI,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

The applicant was requested to provide a draft scoping by June 27, 2002.  The Scoping Meeting will be held July 25, 2002.

ABSTRACT NO. 6-02
Claim Nos. 5284-5444  Expenditures in the amount of $98,461.87
                Credits           (771.18)
                Total         $97,690.69

RESOLUTION NO. 181 (02)  PAYMENT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY COLLINS,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

It was the consensus of the Board to allow Donna Komor, Assessor to accept the offer from the Office of Real Property Services to install PC Anywhere at no cost to the Town.

RESOLUTION NO. 182 (02)  EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 10:09 PM to discuss personnel.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 183 (02)  OPEN SESSION
RESOLVED the Board returns to Open Session at 11:13 PM.
MOTION BY MAUL,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 184 (02)  TEMPORARY CLERICAL SERVICES
RESOLVED the Board authorizes the Supervisor to engage temporary clerical services to provide receptionist for 32.5 hours/week.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 185 (02)  CODE ENFORCEMENT OFFICER CLERK
RESOLVED The Town Clerk be authorized to advertise vacancy for the Code Enforcement Clerk contingent upon Code Enforcement Officer receiving declinations of the candidates from civil service list of eligibles.
MOTION BY NAWROCKI,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
 
 
 
 

NO. 12          PAGE 8
JUNE13, 2002

RESOLUTION NO. 186 (02)  DOG CONTROL AGREEMENT
RESOLVED the Supervisor be authorized to sign the dog control agreement.
MOTION BY HAMMOND,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND,  SECONDED BY NAWROCKI THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 11:41 PM.
 
 
 

      ___________________________________
      Judy W. Gravino, RMC
      Town Clerk