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AUGUST 28, 2003

WEB SITE http://macedontown.net

A regular meeting of the Town Board of Macedon held August 28, 2003 at the Town Office, 32 Main Street, in the Village of Macedon, was called to order by Deputy Supervisor Paul Kenyon at 7:30 p.m.

Pledge of Allegiance

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

Councilperson………………Paul Kenyon

Councilperson………………David Maul

Councilperson………………David McEwen

Absent:

Councilperson………………Ken Nawrocki

Supervisor…………………..William Hammond

Also present:

Attorney…………………….Anthony Villani

Highway Superintendent……Richard Roets

Town Clerk………………….Judy Gravino

RESOLUTION NO. 220 (03) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of August 14, 2003 as presented.

MOTION BY MAUL, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND ABSENT MOTION CARRIED

Paul Kenyon commended Donna Komor, Town Assessor for her efforts on the equalization rates for the Town of Macedon. The recent school tax bills demonstrate her efforts.

CORRESPONDENCE - The Supervisor presented the following:

1. Gladys Simons, Village of Macedon Trustee expressed concerns regarding the proposed access road on the East Side of the Town Hall to connect the Macedon Elementary to Route 31. Deputy Supervisor Kenyon stated that the school district is exempt from normal procedures, however, these issues will be addressed as the school moves forward with the project.

RESOLUTION NO. 221 (03) ST. PATRICK'S GAMES OF CHANCE & RAFFLE

RESOLVED that the Board approves the Games of Chance and Raffle Licenses for St. Patrick's Irish Fair to be held on September 6, 2003.

MOTION BY MAUL, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND ABSENT MOTION CARRIED

Supervisor Hammond is attending a Character Education Program Meeting and will be in as soon as it is over.

Susan Keister, Environmental Consultant for Jim Beckenbach presented the application for a modification to a Special Use Permit to increase the car storage area within the existing bounds of the property and re-locate/increase the dimensions of the fill pile at the property located at 2384 Creek Road in the Town of Macedon.

Supervisor Hammond entered the meeting at 7:55 p.m.

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RESOLUTION NO. 222 (03) EMPIRE AUTO SALVAGE SPECIAL USE PERMIT

RESOLVED the Town Board refer the Empire Auto Salvage Special Use Permit Modification Application to the Planning Board for their comments.

MOTION BY MAUL, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 223 (03) EMPIRE AUTO SALVAGE SPECIAL USE PERMIT

RESOLVED the Board schedule a Public Hearing on September 25, 2003 at 8:00 p.m. to hear public comment on the Empire Auto Salvage Special Use Permit Modification Application to increase the car storage are within the existing bounds of the property and re-locate/increase the dimensions of the fill pile of which approximately 22,300 cubic yards of fill may be moved off-site.

MOTION BY MAUL, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

8:00 PM - PUBLIC HEARING - EXTENSION #4 TO SEWER DISTRICT #1

(Laker-Macedon Ford-Marvin Ext.)

RESOLUTION NO. 224 (03) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice on the Sewer District #1, Extension #4 (Laker-Macedon Ford-Marvin Ext.) published in the Times August 18, 2003.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

The applicants submitted a new petition and requested the public hearing be rescheduled. The original petition included an individual that elected not to participate in the sewer district.

RESOLUTION NO. 225 (03) PUBLIC HEARING CLOSED

RESOLVED the public hearing be closed at 8:12 p.m.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

Dave Dandino, Paul Hirliman, Terry Strong, Tom Warner and Tim Shipley discussed the land offered on Quaker Road to Youth Baseball. The committee will meet with the Supervisor and Town Attorney to draft a lease agreement, which will enable them to apply for grant money.

RESOLUTION NO. 226 (03) ELECTION SITE MAILING POSTAGE

RESOLVED the Board authorizes the Town Clerk to purchase postage in the amount of $393.30 for the Election Site Change mailing postage to be expensed from A1450.400.

MOTION BY MAUL, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

The mailer will be mailed three weeks prior to the November 4, 2003 election.

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RESOLUTION NO. 227 (03) SALT STORAGE BARN GRANT PROPOSAL

RESOLVED the Town Supervisor be authorized to enter into an agreement with Stuart Brown for the purpose of writing a grant proposal in accordance to the provisions of small cities grant for a salt storage barn in the amount of $1,000 to be expensed from A1440.400.

MOTION BY MAUL, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

Scott Allen, Town Engineer is researching the current owners of the house on Scott Road that burnt down. He will notify the owners the timetable has started to have the debris cleaned up.

RESOLUTION NO. 228 (03) EXTENSION #4 TO SEWER DISTRICT #1

(Laker-Macedon Ford Ext.)

In the matter of the petition of the owners of more than one-half of the assessed valuation of all the taxable real property in the proposed Extension #4 to Sewer District #1 (Laker-Macedon Ford) in the Town of Macedon, County of Wayne, and State of New York and according to the latest completed assessment roll of the said town for the creation of Extension #4 to Sewer District #1 (Laker-Macedon Ford);

WHEREAS a written petition has been presented to and filed with the town board of the Town of Macedon praying that all the following described land situate in the Town of Macedon, Wayne County, New York, and more particularly bounded and described on schedule A annexed hereto be established into Extension #4 to Sewer District #1 (Laker-Macedon Ford), and

WHEREAS it is proposed to construct a sewer collection system in said proposed Extension #4 to Sewer District #1 (Laker-Macedon Ford) in accordance with that map and plans attached thereto calling for the design and construction of a sewer collection system within Extension #4 to Sewer District #1 (Laker-Macedon Ford) and connection to the existing Town Sewer District #1, and

WHEREAS it is anticipated that the owners of the parcels of real property affected will obtain rights of way and construct and connect the extension to the existing Town Sewer District #1 and then dedicate the 8 inch transmission line to the Town of Macedon together with all necessary rights of way for placement, operation and maintenance to the Town of Macedon on behalf of the Extension #4 to Sewer District #1 (Laker-Macedon Ford), all at the sole expense of petitioners. The costs of operation and maintenance of the extension and connection to the existing system shall be raised by the payment by petitioners of the annual fees imposed upon Sewer District #1.

Currently these fees are as below.

No funds of the Town of Macedon or the existing Town Sewer District #1 for the acquisition of rights of way, maps and plans, construction of the extension or connection with the existing Town Sewer District is anticipated. Petitioners are aware that they will be responsible for the annual costs imposed by the existing Town Sewer District which currently are as follows:

Residential: $1000 hook up fee per hook up plus application fee of $10.

$ 400 per year per unit use charge

Commercial:$2000 hook up fee per hook up plus application fee of $10.

$ 800 per year per unit use charge.

Now on motion of Councilman David Maul, Seconded by Councilman William Hammond all members present voting therefor, it is

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ORDERED that a meeting of the Town Board of the Town of Macedon be held at the Town Hall, 32 Main Street in the Town of Macedon on the 11^th day of September, 2003, at 8:00 P.M. to consider the said petition and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation to such petition as may be required by law, and it is further

ORDERED that the Town Clerk give notice of such hearing by publishing at least once in the official paper of the Town of Macedon, a certified copy of this order, the first publication thereof to be not less than ten nor more than twenty days before such hearing, and by posting a copy of this order on the signboard of the Town Clerk's Office not less than ten nor more than twenty days before such hearing.

MOTION BY MAUL, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 229 (03) ROGERS FARMLAND SEQR NEG DEC

1. The proposed action is subject to the State Environmental Quality Review Act.
2. The proposed action involves a Federal agency, the United States Department of Agriculture.
3. The proposed action involves other agencies, including the NYS Department of Agriculture and Markets, the Natural Resources Conservation Service, and Wayne County.
4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Unlisted.
5. The Short Form EAF has been prepared by the Town Engineer to determine the significance of the proposed action.
6. The proposed action is not located in a coastal area.
7. The proposed action is located in an agricultural district.
8. An Uncoordinated Review for Unlisted Actions involving more than one agency has been performed, subject to 617.6 (b)(4).
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 not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

 

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11. The Macedon Town Board, in reaching its decision to issue a Negative Declaration on this action, acknowledges that other farms within the Town of Macedon are currently in various stages of consideration for similar Agricultural Conservation Easements. The Town Board finds that, due to the nature of the action proposed, even if the cumulative effect of all the Agricultural Conservation Easements were considered simultaneously, this would not affect the issuance of a Negative Declaration.
12. 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,

(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) Set forth its determination of significance in this resolution, in addition to the corresponding short environmental assessment form.

13. In determining significance, the Town Board has determined whether the proposed Unlisted 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:

(a) 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;

(b) 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 wildlife 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 the natural resources;

(c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

(d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

(e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

(f) A major change in the use of either the quantity or type of energy;

(g) The creation of a hazard to human health;

(h) 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;

(i) 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;

(j) The creation of material demand for other actions that would result in one or the above consequences;

(k) 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

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(l) 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 of this subdivision.

14. For the purposes 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;

MOTION BY KENYON, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

It was the consensus of the Town Board to accept the Community Room Policy as submitted by Councilperson David Maul.

RESOLUTION NO. 230 (03) BUDGET WORKSHOP

RESOLVED the Board schedule the budget workshop meeting on October 4, 2003 at 7:00 a.m. to be held at the Town Complex, 32 Main Street.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 231 (03) WEB SITE

RESOLVED the Town Board approves $500 to be expensed from A7310.400 for the Recreation web site.

MOTION BY MAUL, SECONDED BY HAMMOND

RESOLUTION NO. 232 (03) ENTER EXECUTIVE SESSION

RESOLVED the Board enter into Executive Session at 9:25 p.m. to discuss litigation.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 233 (03) OPEN SESSION

RESOLVED the Board return to Open Session at 10:55 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

MOTION BY MAUL, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:22 PM.

____________________________

Judy W. Gravino, RMC

Town Clerk