NO. 6 PAGE
1
MARCH 9, 2006
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of Macedon
held March 9, 2006 at the Town Offices, 32 Main Street in the Village of
Macedon, was called to order by Supervisor William 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……….Ken
Nawrocki
Supervisor…………....William
Hammond
Absent: Councilperson………. David McEwen
Also present: Police Chief………….John Ellis
Town Attorney………Anthony Villani
Town Engineer……..Scott Allen
Town Clerk………….Judy Gravino
RESOLVED the Board approves the minutes of February 23, 2006 as presented.
MOTION BY MAUL, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Reports – The Supervisor presented the following report:
Macedon Police Report - February
RESOLVED the Board approves the reports as submitted.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Clerk is authorized to sign General Code Publishers supplement agreements each time she submits an update for the Town of Macedon Code Book.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board adopts the Policy and Procedures Manual For Using The Services of the Town of Macedon Records Management Program dated March 2006.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
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2
MARCH 9, 2006
BE IT RESOLVED that the Macedon Town Board accepts the bid of Hutterman Lawn and Landscape, Inc. for mowing services for 2006. The amounts are as follows:
Greenway $225.00 per trip
Bullis Park $415.00 per trip
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 82 (06) LOCAL LAW #3-2006 PARKWOOD HEIGHTS, LLC – REZONING REQUEST (R-30 TO TPD) SEQRA NEGATIVE DECLARATION
WHEREAS,
Parkwood Heights, LLC, has applied to the Town of Macedon for rezoning of 4.86 acres of land
from R-30 (Residential) to TPD (Totally Planned Development), incorporating the
following parcel:
Tax Parcel Number Owner of Record Acreage to be rezoned
62111-00-385544 Parkwood Heights, LLC 4.86 acres
AND WHEREAS, the rezoning area is located
near the south east corner of the intersection of Victor Road and Canandaigua
Road in the Town of Macedon, Wayne County, New York, as further depicted on an
engineering map prepared by Parrone Engineering titled “Map of Lands for
Parkwood Heights P.U.D. Expansion”, dated January 12, 2006.
AND WHEREAS, the purpose of the rezoning
is to expand the existing TPD zoning district to permit the expansion of the
Parkwood Heights Planned 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 Environmental Quality Review Act.
2.
The
proposed action does not involve a Federal agency.
3.
The
proposed action does not involve other agencies.
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 Type 1.
5.
As
a Type 1 action, Part 1 of the Long Form EAF has been prepared by the Applicant
and reviewed by the Town Engineer, and Part 2 of the Long 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.
A
non-coordinated Review for Type 1 actions involving a single agency has been
performed.
9.
The
Macedon Town Board is the lead agent.
10.
The
Macedon Town Board hereby determines that the proposed action is in general
conformance with the adopted town-wide Master Plan, and 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.
11.
In
reaching this finding, the Town Board has:
NO. 6 PAGE 3
MARCH 9, 2006
(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 long environmental assessment
form.
12.
In
determining significance, the Town Board has 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:
(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
(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.
13. 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;
NO. 6 PAGE
4
MARCH 9, 2006
(a)
Included
in any long range plan of which the action under consideration is a part;
(b)
Likely
to be undertaken as a result thereof, or
(c)
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:
(a)
Its
setting (e.g., urban or rural);
(b)
Its
probability of occurrence;
(c)
Its
duration;
(d)
Its
irreversibility;
(e)
Its
geographic scope;
(f)
Its
magnitude; and
(g)
The
number of people affected.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 83 (06)
LOCAL LAW NO. 3 PARKWOOD HEIGHTS REZONING ADOPTED
BE IT ORDAINED AND ENACTED BY THE TOWN BOARD OF THE TOWN OF MACEDON THAT THE TOWN ZONING MAP ADOPTED WITH THE ZONING LAW OF THE TOWN OF MACEDON BE AMENDED TO PROVIDE AS FOLLOWS:
Based on the petition of the involved owner, the zoning map of the Town of Macedon be, and the same is hereby amended by rezoning of 4.86 acres of land, tax parcel ID# 62111-00-385544, located near the south east corner of the intersection of Victor Road and Canandaigua Road in the Town of Macedon, Wayne County, New York from R-30 (Residential) to TPD (Totally Planned Development) as depicted on an engineering map prepared by Parrone Engineering titled “Map of Lands for Parkwood Heights P.U.D. Expansion”, dated January 12, 2006.
The purpose of the rezoning is to extend the existing TPD zoning district to permit the expansion of the Parkwood Heights Planned Development.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 84 (06)
LOCAL LAW #4-2006 MURPHY- REZONING REQUEST (ORM TO GC) SEQRA NEGATIVE
DECLARATION
WHEREAS,
Robert L. Murphy, has applied to the Town of Macedon for rezoning of 53.17 acres of land
from ORM (Office, Research and Manufacturing) to GC (General Commercial), incorporating the
following parcels:
Tax Parcel Number Owner of Record Acreage to be rezoned
60111-00-990914 Betty Jean Murphy 5.0 acres
61111-00-061820 Betty Jean Murphy 3.5 acres
61111-00-120791 235 Pitt-Pal Road, Inc. 4.0 acres
61111-00-115858 RL Murphy 3.8 acres
61111-00-145905 Robert L. Murphy 30.0 acres
61111-00-209940 Macedon Landscaping 5.13 acres
61111-00-228954 Murphy Family Trust 0.93 acres
61111-00-229919 Karl Van Hall 0.81 acres
AND WHEREAS, the rezoning area is located
on the north side of NYS Route 31, between the Monroe/Wayne County Line, and
Wayneport Road in the Town of Macedon, Wayne County, New York, as further
depicted on an engineering map prepared by Franklin Churchill, P.E. titled
“Proposed Rezoning Map for Industrial Park”, received by application January
13, 2006.
AND WHEREAS, the purpose of the rezoning
is to expand the existing General Commercial zoning district along the NYS
Route 31 corridor.
BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:
15.
The
proposed action is subject to the State Environmental Quality Review Act.
16.
The
proposed action does not involve a Federal agency.
17.
The
proposed action does not involve other agencies.
18.
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 Type 1.
19.
As
a Type 1 action, Part 1 of the Long Form EAF has been prepared by the Applicant
and reviewed by the Town Engineer, and Part 2 of the Long Form EAF has been
prepared by the Town Engineer to determine the significance of the proposed
action.
20.
The
proposed action is not located in a coastal area.
21.
The
proposed action is located in an agricultural district.
22.
A
non-coordinated Review for Type 1 actions involving a single agency has been
performed.
23.
The
Macedon Town Board is the lead agent.
24.
The
Macedon Town Board hereby determines that the proposed action is in general
conformance with the adopted town-wide Master Plan, and 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.
25.
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 long environmental assessment
form.
26.
In
determining significance, the Town Board has 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:
(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;
NO. 6 PAGE
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MARCH 9, 2006
(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
(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.
27. 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;
(d)
Included
in any long range plan of which the action under consideration is a part;
(e)
Likely
to be undertaken as a result thereof, or
(f)
Dependent
thereon.
28. 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:
(h)
Its
setting (e.g., urban or rural);
(i)
Its
probability of occurrence;
(j)
Its
duration;
(k)
Its
irreversibility;
(l)
Its
geographic scope;
(m)
Its
magnitude; and
(n)
The
number of people affected.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 6 PAGE
7 MARCH 9, 2006
RESOLUTION NO. 85 (06)
LOCAL LAW NO. 4 MURPHY REZONING ADOPTED
BE IT ORDAINED AND ENACTED BY THE TOWN BOARD OF THE TOWN OF MACEDON THAT THE TOWN ZONING MAP ADOPTED WITH THE ZONING LAW OF THE TOWN OF MACEDON BE AMENDED TO PROVIDE AS FOLLOWS:
Based on the petition of the involved owner, the zoning map of the Town of Macedon be, and the same is hereby amended by rezoning of 53.17 acres of land, tax parcel ID# 60111-00-990914, 61111-00-061820, 61111-00-120791, 61111-00-115858, 61111-00-145905, 61111-00-209940, 61111-00-228954, & 61111-00-229919 located on the north side of NYS Route 31, between the Monroe/Wayne County Line, and Wayneport Road in the Town of Macedon, Wayne County, New York from ORM (Office, Research and Manufacturing) to GC (General Commercial) as further depicted on an engineering map prepared by Franklin Churchill, P.E. titled “Proposed Rezoning Map for Industrial Park”, received by application January 13, 2006.
The purpose of the rezoning is to extend the existing General Commercial zoning district along the NYS Route 31 corridor.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
It was the consensus of the Board that the Town could not mow the county roadsides for $188 per mile. This amount does not factor in the cost of replacement, unemployment or benefits. The county hires part-time employees for the summer while the Town uses full-time employees on the payroll.
Supervisor Hammond read the following resolution that passed the legislature committee in the county and will now go before the Board of Supervisors:
Be it resolved that the County of Wayne begin immediate considerations of changing its form of government from Board of Supervisors to County Legislature, and it is further
Resolved that this resolution shall be referred to the Legislature committee for study and recommendation back to the full board within 6 months, which report shall include the procedures to effect the change to county legislature and a legal opinion from the County Attorney addressing the relative compliance of the present form of government as opposed to a County Legislature with the then current State of law regarding due process and equal rights (one man – one vote).
Attorney Anthony Villani reviewed the Hillside Community Residence Application.
The statue states that if the Town is not satisfied with the response it can request an immediate hearing with the Commissioner. Within 15 days of the letter you can submit more sites. Hillside has applied for tax-exempt status with the Town Assessor. On a $700,000 the taxes would be $14,000 per year.
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MARCH 9, 2006
Holly Waye suggested two alternative sites, one of which was recently listed.
In a letter dated December 20, 2005 Thomas A. Maul, Commissioner of the State of New York Office Of Mental Retardation and Developmental Disabilities. Commissioner Maul states:
“The Office of Mental Retardation and Developmental Disabilities and each of its provider agencies must closely adhere to cost guidelines whenever a residence is established. These guidelines, promulgated by the NYS Division of the Budget, require that close attention be paid to the acquisition and renovation costs of any potential home, as well as to the operating costs to provide the services and supports needed by all individuals residing in the home.
As you referenced in your letter, Hillside is mandated to work with each local municipality whenever it seeks to establish a group living residence. This process includes formal notification of the intent to establish a home at a specific location, the opportunity for the municipality to hold a public hearing, the opportunity for the municipality to offer alternative sites for a home, and lastly, the option of objecting to a home via a formal hearing process. The law is Clear that municipalities must be actively involved in an agency’s efforts to establish a home for persons with developmental disabilities.”
A letter dated January 12, 2006 from Assemblyman Robert Oaks thanked David Landon for making him aware of the concerns about the proposed location of a new Hillside Children’s Center. Assemblyman Oaks forwarded the concerns on to Thomas Maul, Commissioner of the NYS Office of Mental Retardation and Development Disabilities.
RESOLVED that the Town send Hillside the information on the Canandaigua Road house suggesting the alternative site and in view of the inability of the Town and Hillside to agree on an alternate site, request a hearing by the Commissioner.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board enter Executive Session at 8:27 p.m. to discuss litigation.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board return to Open Session at 9:45 p.m.
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 6 PAGE
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MARCH 9, 2006
Abstract No. 3-06
Claim Nos. 12587-12774 Expenditures in the amount of
$152,169.65
RESOLVED the bills be paid as audited.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN ABSENT,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Respectfully submitted by
Judy W. Gravino, RMC
Town Clerk