NO. 29 PAGE 1
JANUARY 13, 2005
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of Macedon held January 13, 2005 at the Town Offices, 32 Main Street, in the Village 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………………Paul Kenyon
Councilperson………………David Maul
Councilperson………………David McEwen
Supervisor…..………………William Hammond
Absent: Councilperson………………Ken Nawrocki
Also Present: Town Attorney……………..Anthony Villani
Town Clerk………………....Judy Gravino
Engineer…………………….Scott Allen
Supervisor Hammond extended a special welcome to Rick Kassel, a former board member.
Sandy Pagano presented the Macedon Downtown Revitalization Committee's Banner Program to the Town Board. The committee is soliciting businesses for their commitment to the banner program. The banner will be 30" x 60" in the colors of hunter green/white and yellow. All banners will say "Welcome to the Community of Macedon and include the name of the business on the bottom. Contact Sandy Pagano if you are interested.
The Macedon Community Center Committee submitted the results of their survey that was distributed to the residents of Macedon to determine the level of support in the construction of a town community center. Out of 4,000 surveys distributed 146 or 4% were returned. Of the 146 responses 93% indicated that they would be in favor of a community/recreation facility that would offer additional program opportunities. 7% replied that they were not in support. The Committee asked the Town Board to formally recognize the Macedon Community Center Committee and look at the possible site behind the library and town hall. They would like to form a sub-committee to proceed with securing funding from private, state and federal grants to fund the feasibility study and cost analysis of the planned site, develop fund raising, public relations opportunities, and construct architectural design/plans.
RESOLUTION NO. 29 (05) MACEDON COMMUNITY CENTER COMMITTEE
BE IT RESOLVED the Town Board recognizes the Macedon Community Center Committee for the purposes of establishing an action plan to develop a community center and that the proposed site be designated at the town hall/library site.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
Councilperson Ken Nawrocki is absent due to a family emergency.
RESOLUTION NO. 30 (05) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of December 29, 2004 as presented.
MOTION BY MAUL, SECONDED BY MC EWEN
ROLL CALL VOTE: KENYON ABSTAIN, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
NO. 29 PAGE 2
JANUARY 13, 2005
RESOLUTION NO. 31 (05) APPROVAL OF MINUTES
RESOLVED the Board approves the organizational minutes of January 3, 2005 as presented.
MOTION BY MAUL, SECONDED BY MC EWEN
ROLL CALL VOTE: KENYON ABSTAIN, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
REPORTS - The Supervisor presented the following:
Macedon Police December Monthly Report
Excellence in Equity Recognition Award
RESOLUTION NO. 32 (05) APPROVAL OF REPORTS
RESOLVED the Board approves the reports as submitted.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON ABSTAIN, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
CORRESPONDENCE - The Supervisor presented the following:
The old Ames building could potentially house a portion of the Finger Lakes Community College. The proposal includes 2 computer labs, a science lab, 12 classrooms, communal office space, 3 individual offices, student space, conference room, storage space, rest rooms, entryway and a physical education room. The college is requesting 26,000 square feet of the 52,000 square foot building.
8:00 - PUBLIC HEARING - PROPOSED LOCAL LAWS 1-6
Local Law 1 - 2005 Alarm Systems - adds Chapter 41 by imposing fines
For false alarm violations
Local Law 2 - 2005 Solid Waste - amends Chapter 110 by adopting
Regulations regarding the closed Quaker Road Landfill site
And repealing outright prohibition of landfills
Local Law 3 - 2005 Schedule 2 - amends Chapter 135 by increasing
Minimum house size
Local Law 4 - 2005 ORM Zoning - amends Chapter 135 by allowing
Solid waste landfills with a special permit
Local Law 5 - 2005 Landfill Special Use Requirements - amends Chapter 135
Adds Special use section of Town Code to include requirements
For solid waste landfills
Local Law 6 - 2005 AR-40 Accessory Uses - amends Chapter 135 by
Revising requirements for accessory uses
RESOLUTION NO. 33 (05) WAIVE READING LEGAL NOTICE
RESOLVED the Board waives reading of the legal notice published in the December 27, 2004 issue of the Times.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
________________________________________________________________________
PUBLIC HEARING ON LOCAL LAW NO. 1
Local Law 1 - 2005 Alarm Systems - adds Chapter 41 by imposing fines
For false alarm violations
Bill Petty - questioned fees
NO. 29 PAGE 3
JANUARY 13, 2005
Scott Allen, Town Engineer - This was modeled after the Town of Walworth. Special circumstances could go before the Supervisor for relief.
Hearing no further comment the public hearing was closed.
RESOLUTION NO. 34 (05)PUBLIC HEARING CLOSED
RESOLVED the Public Hearing on Local Law 1 (05) be closed at 8:03 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
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PUBLIC HEARING ON LOCAL LAW NO. 2
Local Law 2 - 2005 Solid Waste - amends Chapter 110 by adopting
Regulations regarding the closed Quaker Road Landfill site
And repealing outright prohibition of landfills
Art Elting, Alderman Road - opposed the landfill due to the 100 trucks that go by his house every day. He doesn't feel Alderman Road was designed for that sort of use. He believes there is a lot of opposition against landfills in Macedon and would like to see a referendum.
Frank Enos, 2330 Cornwall - opposed
Robert Meyers, 395 Canal Drive East - opposed - tired of taking garbage from another community and feels it should be a variance. It would be a self-imposed hardship.
Dwayne Winston, 2679 Macedon Center Road - Wants the revenue. The truck traffic will still be there regardless and wants his taxes lowered.
John Herkins, Wilkinson Road - 100% for - High Acres facility is well run. The trucks go through our town anyway, we should collect the revenue needed for increased tax base.
John Hamilton, 224 Wilkinson - For
Attorney Anthony Villani - People are confused on the issue that is before the board tonight. The statue that is in place is not enforceable today. You can not outright ban landfills. There is concern that if Waste Management applied today they could challenge the Town of Macedon and win. The Town would have nothing. It would be better to have an enforceable law that regulates. This is all that is before the board at this time. More control is better than less.
Councilperson Maul - People have tied the two actions together. This local law would enable step 2. They are two separate issues that have to happen.
Chuck Jefferson, 260 Macedon Center Road - only concern was how to regulate truck traffic and where the trash comes from.
Rick Kassel - Was grateful the Town Attorney explained what was before the board. This is just setting up for an application coming to the town. We need this kind of legislation on the books to protect ourselves to either regulate it or deny it.
Councilperson Kenyon - These proposed local laws are a result of the Town Engineer and Attorney reviewing the codes. This is an ongoing process. There will be many more.
Bill Moore, 306 Macedon Center Road - Is there any way to put regulations on the truck traffic?
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JANUARY 13, 2005
Attorney Villani - The present ordinance does not. You can make it a condition of the special permit but not while they are operating in Perinton. Stipulations can be built into the permitting process.
Alana Wadsworth, 1454 Alderman Road - against the truck traffic and high rates of speed. She likes the rules of operation in the special use permit.
Bruce Niven - Asked how are can you regulate truck traffic and if the Town Board or the Planning Board would look at it first.
Councilperson Maul - We are addressing a legislative problem tonight.
Scott Allen - There will be a SEQRA process as well as a special use permit.
Attorney Villani - You can regulate hours of operation, capacity, signage and berms.
Earl Hinkson, 634 Frey Road - Can the Town approach the State DOT to inspect trucks?
Tim Walker, lives across from the dump - Do we have the right to say yes or no?
Attorney Villani - A special use permit is not subject to a referendum, however, there will be several public hearings. If we received an application now and it was determined the law was no good it could be thrown out. We would have no leverage.
Frank Enos - I understand more clearly now and do agree with getting a law we can regulate with.
RESOLUTION NO. 35 (05) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing on Local Law 2 (05) be closed at 8:53 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
_____________________________________________________________________
PUBLIC HEARING ON LOCAL LAW NO. 3
Local Law 3 - 2005 Schedule 2 - amends Chapter 135 by increasing
Minimum house size
Hearing no public comment the public hearing was closed.
RESOLUTION NO. 36 (05) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing on Local Law 3 (05) be closed at 8:54 p.m.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
_____________________________________________________________________
PUBLIC HEARING ON LOCAL LAW NO. 4
Local Law 4 - 2005 ORM Zoning - amends Chapter 135 by allowing
Solid waste landfills with a special permit
Hearing no public comment the public hearing was closed.
NO. 29 PAGE 5
JANUARY 13, 2005
RESOLUTION NO. 37 (05) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing on Local Law 4 (05) be closed at 8:55 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
_______________________________________________________________________
PUBLIC HEARING ON LOCAL LAW NO. 5
Local Law 5 - 2005 Landfill Special Use Requirements - amends Chapter 135
Adds Special use section of Town Code to include requirements
For solid waste landfills
Hearing no public comment the public hearing was closed.
RESOLUTION NO. 38 (05) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing on Local Law 5 (05) be closed at 8:56 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
_______________________________________________________________________
PUBLIC HEARING ON LOCAL LAW NO. 6
Local Law 6 - 2005 AR-40 Accessory Uses - amends Chapter 135 by
Revising requirements for accessory uses
Hearing no public comment the public hearing was closed.
RESOLUTION NO. 39 (05) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing on Local Law 6 (05) be closed at 8:57 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
The Board will not vote on the local laws tonight. The County Planning Board must review these prior to the Town Board voting on them. If the County Planning Board does not recommend approval it would require a super majority vote.
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8:30 PM - PUBLIC HEARING - HARV'S HARLY DAVIDSON - EXPANSION OF
NON-CONFORMING USE
RESOLUTION NO. 38 (05) WAIVE READING LEGAL NOTICE
RESOLVED the Board waives reading of the legal notice published in the January 3, 2005 issue of the Times. The public hearing was opened at 9:00 p.m.
This application is for a 50' x 100' storage building off the service department.
Hearing no public comment the public hearing was closed.
RESOLUTION NO. 39 (05) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be closed at 9:02 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
NO. 29 PAGE 6
JANUARY 13, 2005
RESOLUTION NO. 40 (05) HARV'S HARLEY DAVIDSON - EXPANSION OF
NON-CONFORMING USE
BE IT RESOLVED that the Board approves the application for Harv's Harley Davidson for an expansion as specified by the Planning Board PB3304.
MOTION BY MC EWEN, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
______________________________________________________________________
RESOLUTION NO. 41 (05) NEW YORK STATE TOWN CLERK'S CONFERENCE
RESOLVED the Town Clerk is authorized to attend the NYS Town Clerk's Conference to be held in Buffalo from April 17-20, 2005 to be expensed from A1410.400 as budgeted.
MOTION BY HAMMOND, SECONDED BY MC EWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
ABSTRACT NO. 1 - 2005
CLAIM NOS. 10102-10288 Expenditures in the amount of
$823,617.86
RESOLUTION NO. 42 (05) PAYMENT OF CLAIMS
RESOLVED the bills be paid as audited.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,
NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED
MOTION BY KENYON, SECONDED BY MAUL THAT THE MEETING BE CLOSED. THE MEETING CLOSED AT 10:40 PM.
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Judy W. Gravino, RMC
Macedon Town Clerk