The Regular Meeting of the Town Board of the Town of Macedon held October 10, 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:
Accountant………………….Kim Leonard
Attorney……………………..Katherine Mary Villani
Town Engineer………………Scott Allen
Town Clerk…………………Judy Gravino
RESOLUTION NO. 265 (02) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of October 5, 2002 as presented.
MOTION BY COLLINS, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
REPORTS – The Supervisor presented the following:
Macedon Police September Report
RESOLUTION NO. 266 (02) APPROVAL OF REPORTS
RESOLVED the reports submitted be approved.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Steve Reynolds, Advance 2000 Inc., gave a presentation on optimizing and managing multi-vendor infrastructures and reducing capital investments.
Doug Dimitroff, SBA Network Services, requested a Special Use Permit to allow AT&T to collocate on the cell tower located at 1382 Wilson Road. AT&T plans to install up to 9 telecommunications antenna panels at a height of 170’ center line on the existing 195’ tower and install related equipment cabinets within the existing equipment building located at the base of the tower.
RESOLUTION NO. 267 (02) SBA NETWORK SERVICES SEQRA –
COLLOCATION AT&T Wireless PCS, LLC –
1382 Wilson Road
Tax Parcel No. 61111-00-568487
WHEREAS, AT&T Wireless PCS, LLC, by and through its manager, AT&T
Wireless Services, Inc., d/b/a AT&T Wireless (“AT&T Wireless”),
has submitted an application through its agent SBA Network Services, Inc.,
for a special use permit for operation of a telecommunications facility
to collocate up to nine (9) panel antennas on an existing SBA Network Services,
Inc. transmission tower and two (2) equipment cabinets inside the existing
equipment building at the base of the tower, located at 1382 Wilson Road,
Town of Macedon, Wayne County, New York; and
WHEREAS, the Town Board of the Town of Macedon (“Board”) makes the following
findings:
NO. 20 PAGE 2
OCTOBER 10, 2002
1. The Board is the only involved agency regarding the proposed action
and, therefore, designated itself as lead agency, pursuant to the State
Environmental Quality Review Act (“SEQRA”).
2. According to 6 NYCRR Part 617 et seq., the implementing regulations
for the State Environmental Quality Review Act under Article 8 of the New
York State Environmental Conservation Law (“SEQRA regulations”), this proposal
is classified as an Unlisted Action.
3. The Board received and considered Part I of the Full Environmental
Assessment Form (“EAF”) and Visual Addendum prepared by the applicant;
maps, plans and descriptions; and supplemental information prepared for
this proposal.
4. Before making a recommendation about the potential environmental
significance of this proposal, the Board has consulted several information
sources, and has considered the criteria for determining significance outlined
in 617.7© of the SEQRA regulations.
5. The Board has carefully considered all relevant documentary, testimonial
and other evidence submitted for this proposal.
6. The Board has carefully considered the relevant environmental impacts,
facts and conclusions contained in the Full EAF and in the supplemental
maps, descriptions, analyses, reports and reviews.
NOW, THEREFORE, it is
RESOLVED, that based upon the aforementioned documentation, testimony,
information and findings, the Board determines that this proposal will
not have a significant adverse impact on the environment and that the preparation
of a draft environmental impact statement will not be required, which constitutes
a negative declaration pursuant to the SEQRA regulations. Accordingly
we adopt the Negative Declaration attached hereto for the reasons stated
herein.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 268 (02) SBA NETWORK SERVICES SUP - CO-LOCATION
AT&T Wireless PCS, LLC – 1382 Wilson Road
Tax Parcel No. 61111-00-568487
WHEREAS, AT&T Wireless PCS, LLC, by and through its manager, AT&T
Wireless Services, Inc., d/b/a AT&T Wireless (“AT&T Wireless”)
has submitted an application through its agent SBA Network Services, Inc.,
for a special use permit for operation of a telecommunications facility
to co-located up to nine (9) panel antennas on an existing SBA Network
Services, Inc. transmission tower and two (2) equipment cabinets inside
the existing equipment building at the base of the tower, located at 1382
Wilson Road, Town of Macedon, Wayne County, New York (“Project Site”).
WHEREAS, the Federal Telecommunications Act of 1996, 47 U.S.C. 151 et. Seq. (“TCA”) squarely addresses the facility which this Applicant seeks to construct. The three most important aspects of the TCA as relates to this application are as follows:
1. The Applicant cannot be prohibited from providing personal telecommunications
services to the Town of Macedon (“Town”).
2. The Town cannot discriminate among providers of equivalent services.
3. The Town Board of the Town of Macedon (“Board”) may not regulate
the placement of such facilities on the basis of any environmental effects
of radio frequency emissions.
NO. 20 PAGE 3
OCTOBER 10, 2002
WHEREAS, the applicant has demonstrated that it possesses the appropriate federal license for this service area and is entitled to operate within the means of available technology within the Town. The Applicant has also demonstrated, in accordance with federal law, that the Project Site is necessary for adequate coverage and service improvement as part of its obligations under its FCC license. Additionally, the Applicant proposes to collocate the proposed telecommunications facility so as to minimize the number of additional towers ultimately needed by telecommunications service providers in the Town.
WHEREAS, the Applicant has demonstrated that it’s proposed facility will not pose any potential hazard to the surrounding properties.
WHEREAS, in summary, and as relates to the Project Site, the Applicant has demonstrated that it is operating within the letter and spirit of the TCA and the Zoning Code of the Town of Macedon (“Code”).
WHEREAS, the Town Engineer has reviewed and analyzed the plans and specifications for the proposed project and have no concerns with the project.
WHEREAS, regarding the Code which regulates the proposed project, the Board must consider factors set forth under Chapter 135, Section 135-1852.1, “Telecommunications towers’; and, Section 135-182.1C(1) and (2), “shared use of existing tall structures or existing or approved towers”.
1. Collocation considerations
The Town has expressly provided that collocation with existing structures
is preferred for telecommunications service providers and the Applicant
has identified a suitable existing tower for collocation at 1382 Wilson
Road.
(a) The Applicant has provided a structural analysis verifying the
ability of the tower to handle the antennas.
2. Equipment cabinets or structure usage.
The Applicant’s proposed equipment cabinets shall be contained in the
existing equipment shelter.
3. The Applicant has submitted:
(a) A completed application for a special use permit.
(b) Documentation of intent from the owner of the existing facility
to allow shared use.
(c) A site plan showing all existing and proposed structure and improvements.
(d) An engineer’s report certifying that the proposed shared use will
not diminish the structural integrity and safety of the existing tower.
(e) A completed long form EAF and completed visual EAF.
(f) A copy of the Applicants Federal Communications (FCC) license.
(g) A Radio Frequency propagation map.
WHEREAS, the Board has reviewed and analyzed the above material supplied by the Applicant for the existing tower, and now exercises its discretion pursuant tot he Code, Section 135-181.1C(2), to deem the modifications as proposed by the Applicant as insignificant.
WHEREAS, we find that the Applicant has met all requirements of the Code of the Town of Macedon which recites the requirements for a special use permit insofar as these sections are applicable to this telecommunications facility.
NOW, THEREFORE, it is
NO. 20 PAGE 4
OCTOBER 10, 2002
RESOLVED that we approve the application of AT&T Wireless PCS, LLC for a special use permit to collocate a telecommunications facility on an existing SBA Network Services communications tower. The Special Use Permit shall be granted to SBA Network Services, Inc., as owners of the tower.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Mr. Marc Weiner appeared before the Town Board regarding a variance granted by the Zoning Board of Appeals. Mr. Weiner contracted the construction of a barn on his property located on Erie Street Road. A neighbor contacted the Town Engineer regarding the height exceeding code. At this point the Town Engineer informed Mr. Weiner the barn was too tall and if he proceeded with the building it would be at his own risk. Mr. Weiner continued with the barn due to concern with building materials being exposed to the elements and applied for a variance. Neighbors were concerned about the direct line of sight from the barn window into their home. The Zoning Board of Appeals granted the variance with the provision that the window be removed and recommended that the Town Board assess a fine. The Board tabled pending research on similar cases.
RESOLUTION NO. 269 (02) FARMLAND – MARVIN AGRICULTURAL
EASEMENT - USDA
RESOLVED that the Town Board approves the generic cooperative agreement
with USDA regarding John Marvin’s agricultural easement and authorizes
the Supervisor to sign all papers necessary to effectuate.
MOTION BY COLLINS, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 270 (02) EXECUTIVE SESSION
RESOLVED the Board enters Executive Session at 8:42 p.m. to discuss
litigation.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 271 (02) OPEN SESSION
RESOLVED the Board returns to Open Session at 9:12 p.m.
MOTION BY KENYON, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 272 (02) BUDGET ADJUSTMENTS
RESOLVED the Board approves the following budget adjustments:
NO. 20 PAGE 5
OCTOBER 10, 2002
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 273 (02) MRB GROUP PAYMENT
RESOLVED the Board authorizes the payment of $13,600 to MRB Group per
bill dated 10/04/02, invoice number 26522.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Accountant Kim Leonard left the meeting at 10:45 after discussing battery back-ups with the Board.
RESOLUTION NO. 274 (02) RECORDS MANAGEMENT STORAGE BOXES
BE IT RESOLVED the Clerk is authorized to purchase storage boxes for
records management as budgeted.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
ABSTRACT NO. 10-02 Claim Nos. 5876-6025
Expenditures in the amount of
$107,281.59
Credit (42.25)
$107,239.34
RESOLUTION NO. 275 (02) PAYMENT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 276 (02) TOWN CLERK SAFE PURCHASE
RESOLVED the Board authorizes the purchase of a safe not to exceed
$2,750 to be expensed from HA1621.200B.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 20 PAGE 6
OCTOBER 10, 2002
RESOLUTION NO. 277 (02) SPENDING FREEZE
Be it resolved that all .4 accounts that are currently over spent on
the current budget be frozen and be it further
RESOLVED that all discretionary spending from .4 accounts be subject
to pre-approval by the department liaison and the Supervisor.
MOTION BY KENYON, 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 11:15 PM.
__________________________________
Judy W. Gravino
Town Clerk