NO. 9                                                                                                          PAGE 1

APRIL 26, 2007

WEB SITE http://macedontown.net

 

A Regular Meeting of the Town Board of the Town of Macedon held April 26, 2007 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 McEwen

Councilperson……….Ken Nawrocki

                                    Supervisor…………...William Hammond

 

Absent:                       Councilperson……….David Maul

                                   

Also Present:             Town Clerk………..…Judy Gravino

 

RESOLUTION NO. 108 (07) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of April 12, 2007 as presented.

MOTION BY HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL ABSENT, MCEWEN AYE,

NAWROCKI ABSTAIN, HAMMOND AYE MOTION CARRIED

 

Councilman Maul entered the meeting at 7:33 p.m.

 

RESOLUTION NO. 109 (07) Local Law #2-2007Kemp – Rezoning Request (AR-40 to ORM) SEQRA Negative Declaration

WHEREAS, Charles Kemp Jr. on behalf of Blanche Kemp, has applied to the Town of Macedon for rezoning of 37.3 acres of land from AR-40 (Agricultural-Residential) to ORM (Office, Research and Manufacturing), incorporating the following parcels:

 

Tax Parcel Number                                Owner of Record                                Adddress                                                Acreage to be rezoned

61112-00-863500                                Blanche Kemp                                2179 Canandaigua Road                                                       37.3.0 acres

                               

AND WHEREAS, the rezoning area is located at the northeast corner of the intersection of Wilcox Road and Quaker Road in the Town of Macedon, Wayne County, New York, as further depicted on a survey map prepared by Robert F. Morris III, P.L.S., titled “Sketch Plan for Re-Zoning of Lands Owned by Charles W. Kemp Estate (Blanche F. Kemp)”, dated December 14, 2006.

 

AND WHEREAS, the purpose of the rezoning is to expand the existing ORM zoning district to provide for additional industrial development within the Town of Macedon.

 

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.

 

 

 

 

 

NO. 9                                                                                                          PAGE 2

APRIL 26, 2007

 

 

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,

 

(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;

 

(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 HAMMOND, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

 

 

 

 

NO. 9                                                                                                          PAGE 3

APRIL 26, 2007

 

RESOLUTION NO. 110 (07) LOCAL LAW NO. 2 KEMP REZONINGADOPTED

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 37+ acres of land, tax parcel ID# 61112-00-863500 located at the corner of Wilcox Road and Quaker Road in the Town of Macedon, Wayne County, New York from AR-40 (Agricultural/Residential) to ORM (Office, Research and Manufacturing) as further depicted on Sketch Plan For Re-Zoning of lands owned by Charles W. Kemp Estate (Blanche F. Kemp) Lot 40 prepared by Robert F. Morris III, P.L.S. dated 12/14/07.

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 111 (07) TOWN CLERK SCHOOLING

RESOLVED the Board authorizes the Town Clerk to attend the New York State Town Clerk’s Association Conference from 4/29-5/2/2007 to be expensed from A1410.400 as budgeted not to exceed $700.

MOTION BY NAWROCKI, SECONDED BY MAUL

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 112 (07) REFUSE PICKUP

RESOLVED the Supervisor be authorized to sign a service agreement with Waste Management for refuse pickup at the Highway Barns for a cost of $76.30/month.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 113 (07) ASSESSMENT MEMORANDUM OF UNDERSTANDING

RESOLVED the Town Board of the Town of Macedon resolves to continue support of the 2008 reassessment project in accordance with the Annual Reassessment Plan and hereby authorizes the Supervisor to sign the ORPS Memorandum of Understanding dated April 23, 2007.

MOTION BY MAUL, SECONDED BY MCEWEN

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

RESOLUTION NO. 114 (07) SURPLUS HIGHWAY EQUIPMENT

BE IT RESOLVED that the Town Board declares the following pieces of Highway Equipment as surplus so that the Highway Superintendent may be authorized to sell them at the Palmyra Auction on May 12, 2007:

1.  1986 Autocar DK42B                       VIN# 1WBUACJD8GU300262

2.  1987 Ford L9000             VIN# 1FDYS90L4HVA63219

3.  Case 1085B Cruz Air                   VIN# JAK0032108

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

NO. 9                                                                                                          PAGE 4

APRIL 26, 2007

 

RESOLUTION NO. 115 (07) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session to discuss a particular personnel matter at 7:41 p.m. and invites Richard Roets to attend.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 116 (07) OPEN SESSION

RESOLVED the Board returns to Open Session at 8:16 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

ROUND TABLE

Dave Maul is still working on a free offer for a postal meter.  He will discuss back up systems and servers with Tom Marr.

 

Dave McEwen asked about the complex quotes for lawn treating.  The Board was waiting for one more quote.

 

Supervisor Hammond stated that the Library had 3 Dell computers to give the Police Department.  Bill will arrange to transport them to the Wayneport location.  Tom Marr should be contacted to set them up.

 

Paul Kenyon provided flyers pertaining to the Pal-Mac School District budget vote and capital projects.  These flyers are available at the Town Clerk’s Office.

 

Attorney Anthony Villani entered the meeting at 8:25 p.m.

 

Ken Nawrocki reported the Planning Board denied the Subway sign request, which was to be placed on the WalMart Building, due to the precedent it would set for future requests.

 

Supervisor Hammond – The Highway Department will attend a mandatory MS4 training on May 30, 2007 from 9:30-11 in Farmington.

 

Denise Munson, in a letter dated April 24, 2007, expressed her concerns about the potential traffic problem related to the construction project on the Erie Street Bridge.  Erie Street is a County Road and her concerns were forwarded to Jim Brady, Wayne County Highway Superintendent.  The Macedon Police Department agreed to monitor the traffic conditions and speed limits.

 

Waste Management will be holding a community workshop on April 30 and May 3, 2007 at the Perinton Community Center from 3 – 9 p.m. to discuss the High Acres Landfill & Recycling Center and Phase III Plans.

 

RESOLUTION NO. 117 (07) POLICE SURPLUS EQUIPMENT

RESOLVED the Town Board declares the 1999 Crown Victoria VIN #2FAFP71W7XX200005 surplus and authorizes Chief John Ellis to include it in the Palmyra Municipal Auction.

MOTION BY NAWROCKI, SECONDED BY HAMMOND

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 118 (07) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:37 p.m. to discuss litigation.

MOTION BY HAMMOND, SECONDED BY MCEWEN

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE  MOTION CARRIED

NO. 9                                                                                                          PAGE 5

APRIL 26, 2007

 

RESOLUTION NO. 119 (07) OPEN SESSION

RESOLVED the Board returns to Open Session at 10:00 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

ROLL CALL VOTE:  KENYON AYE, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

MOTION BY HAMMOND, SECONDED BY MCEWEN THAT THE MEETING BE ADJOURNED AT 10:02 PM.

 

 

________________________

Respectfully submitted by:

Judy W. Gravino, RMC

Macedon Town Clerk