NO. 18 PAGE
1
SEPTEMBER
13, 2007
WEB
SITE http://macedontown.net
A Regular Meeting of the Town
Board of the Town of Macedon held September 13, 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 Maul
Councilperson……….David McEwen
Councilperson……….Ken Nawrocki
Supervisor…………...William Hammond
Also Present: Police Chief………….John Ellis
Town Attorney…….…Anthony Villani
Town Clerk…………..Judy Gravino
Matthew Sweet presented his Eagle Scout Project to the Town Board consisting of birdhouses and benches along the Canal east of the Locks. Matthew is with Troop 96 in Palmyra.
RESOLVED the Town Board supports the Eagle Scout Project for Matthew Sweet and authorizes the Supervisor to sign the appropriate documentation.
MOTION BY NAWROCKI, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
7:45 PM – STORMWATER – IDDE ILLICIT DISCHARGE DETECTION
& ELIMINATION – PROPOSED LOCAL LAW NO. 3 – PUBLIC HEARING
RESOLVED the Town Board waives reading of the legal notice published in the 8/27/07 issue of the times.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
The general purpose of this is to adopt the NYS Model Code relative to the MS4 program. This law will establish guidelines and enforcement mechanisms for detecting and eliminating illegal connections to the storm drainage systems.
All persons having been heard, the Public Hearing was closed.
RESOLVED the Public Hearing be closed at 7:47 p.m.
MOTION BY KENYON, NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 18 PAGE 2
SEPTEMBER
13, 2007
RESOLUTION NO. 213 (07) LOCAL LAW NO. 3 STORMWATER – IDDE ILLICIT DISCHARGE DETECTION & ELIMINATION SEQRA NEGATIVE DECLARATION
WHEREAS,
the Town of Macedon is required to comply with the requirements of the
EPA/NYSDEC mandated MS4 program,
AND WHEREAS, the NYSDEC
has provided a model local law relative to IDDE – Illicit Discharge Detection
and Elimination.
AND WHEREAS, the Town
Board is proposing to adopt this local law, in order to remain in compliance with
the requirements of the MS4 program objectives.
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 Unlisted.
5. As
an Unlisted action, 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. A
non-coordinated Review for Unlisted 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:
(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.
NO. 18 PAGE
3
SEPTEMBER
13, 2007
12. 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
(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.
NO. 18 PAGE
4
SEPTEMBER
13, 2007
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
RESOLUTION NO.
214 (07) LOCAL LAW 3 – 2007 STORMWATER – IDDE ILLICIT DISCHARGE DETECTION &
ELIMINATION
RESOLVED the Board
adopts Local Law No. 3 – 2007 Stormwater – IDDE Illicit Discharge Detection
& Elimination.
MOTION BY HAMMOND,
SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board accepts the resignation of Ronald Reinstein as Town Justice for the Town of Macedon effective August 24, 2007 due to retirement from previous employment being delayed until September 4, 2007 and therefore be it
RESOLVED that Ronald Reinstein be appointed to the position of Macedon Town Justice effective September 5, 2007 to expire December 31, 2007 at an annual salary of $15,000 prorated.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
WHEREAS the Justice Court Judge has recommended Robert Cunningham for the position of Court Attendant
BE IT RESOLVED that Robert Cunningham be appointed to the position of Court Attendant effective September 13, 2007 at an hourly rate of $10.74/hour.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 18 PAGE
5
SEPTEMBER
13, 2007
RESOLVED that as provided in Section 37 of the Town Law of New York State the Town Board of the Town of Macedon does hereby appoint the following individuals to collect for the 2007-2008 school year:
Helen Jensen as School Tax Collector for the portion of Wayne Central School District within the Town and be it further
RESOLVED that Lynne Green is appointed Tax Collector for the portion of the Palmyra-Macedon Central School District within the Town and be it further
RESOLVED that Justina Bielecki is appointed School Tax Collector for the portion of Victor Central School District within the Town and be it further
RESOLVED that Tracy Blankenberg is appointed School Tax Collector for the portion of Gananda School District within the Town and be it further
RESOLVED that Carol Enfonde is appointed School Tax Collector for the portion of the Penfield School District within the Town.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
8:00 PM – STORMWATER MANAGEMENT AND EROSION &
SEDIMENT CONTROL – PROPOSED LOCAL LAW NO. 4 – PUBLIC HEARING
RESOLVED the Town Board waives reading of the legal notice published in the 8/27/07 issue of the times.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
The general purpose of this is to adopt the NYS Model Code relative to the MS4 program. This law will establish guidelines and enforcement mechanisms for erosion and sediment control by amending Chapter 75 Land Use and Chapter 135 Zoning of the Town of Macedon.
Hearing no comments, the Public Hearing was closed.
RESOLVED the Public Hearing be closed at 8:03 p.m.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 18 PAGE
6
SEPTEMBER
13, 2007
RESOLUTION NO. 220 (07) LOCAL LAW 4-2007 STORMWATER MANAGEMENT – EROSION & SEDIMENT CONTROL SEQRA NEGATIVE DECLARATION
WHEREAS,
the Town of Macedon is required to comply with the requirements of the
EPA/NYSDEC mandated MS4 program,
AND WHEREAS, the NYSDEC
has provided a model local law relative to Storm Water Management – Erosion and
Sediment Control.
AND WHEREAS, the Town
Board is proposing to adopt this local law, in order to remain in compliance
with the requirements of the MS4 program objectives.
BE IT RESOLVED, that the
Town Board of the Town of Macedon, does hereby find and resolve as follows:
(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.
NO. 18 PAGE
7
SEPTEMBER 13, 2007
(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.
NO. 18 PAGE
8
SEPTEMBER 13, 2007
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;
(d) Its
geographic scope;
(f) Its
magnitude; and
(g) The
number of people affected.
MOTION
BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO.
221 (07) LOCAL LAW 4 – 2007 STORMWATER MANAGEMENT – EROSION & SEDIMENT
CONTROL ADOPTED
RESOLVED the Board
adopts Local Law No. 4 – 2007 Stormwater – Management – Erosion & Sediment
Control.
MOTION BY KENYON,
SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board approves the minutes of August 23, 2007 as presented.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED that the Macedon Town Board approve the Town
Accountant to do the following budget
adjustments through August, 2007:
A 0960 Appropriations 2100.00
A 1110.100 Court – Personnel 2100.00
A 0960 Appropriations 2100.00
A 1110.200 Court – Equip. 2100.00
To record budget adjustments to purchase 2 desks and 1
podium under state bid with
Unused monies for salaries.
DA 0960 Appropriations 50.20
DA 9060.800 Health Insurance 50.20
DA 0960 Appropriations 50.20
DA 9055.800 Disability 50.20
To record budget adjustments to cover disability insurance
coverage over and above amount budgeted due to hiring add’l. personnel.
SS1 0599 Appr.
Fund Balance 10,000.00
SS1 0960 Appropriations 10,000.00
SS1 8110.400 Sewer – Contr. 10,000.00
To record budget adjustments for expenses incurred over and
amount budgeted for Macedon Sewer #1.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 224 (07) POLICE DEPARTMENT RESIGNATION
RESOLVED the Town Board accepts the resignation of Randy Kuhn as Patrolman effective October 11, 2007.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 18 PAGE
9
SEPTEMBER 13, 2007
RESOLVED the Board authorizes the purchase of a new computer for the Police Department not to exceed $1,100 to be expensed from A3120.200 to replace failed computer.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 226 (07) ROGERS NYS AGRICULTURAL EASEMENT ESCROW WIRE TRANSFER
WHEREAS, the Town of Macedon has received a check from the State of New York for the sum of $208,502.00, and
WHEREAS, such funds are required by the conditions of the closing of the agricultural easement from Leo and Carolyn Rogers to the Town of Macedon to be drawn upon the escrow account of the Town Attorney, now
BE IT RESOLVED that the Town Accountant be and the same is authorized and directed to immediately wire the funds received above to the escrow account of:
Anthony J. Villani, P.C.
Trust Account #534815243
HSBC Bank
100-104 Church Street
Newark, New York 14513
Routing #021001088
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 227 (07) MAIER NYS AGRICULTURAL EASEMENT
ESCROW WIRE TRANSFER
WHEREAS, the Town of Macedon has received a check from the State of New York for the sum of $114,896.00, and
WHEREAS, such funds are required by the conditions of the closing of the agricultural easement from Paul and Susan Maier to the Town of Macedon to be drawn upon the escrow account of the Town Attorney, now
BE IT RESOLVED that the Town Accountant be and the same is authorized and directed to immediately wire the funds received above to the escrow account of:
Anthony J. Villani, P.C.
Trust Account #534815243
HSBC Bank
100-104 Church Street
Newark, New York 14513
Routing #021001088
MOTION BY KENYON, SECONDED BY HAMMOND
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
The Wayne County Board of Elections requires that any time a public officer is on the ballot in any election held in Wayne County and has duties associated with the election that public officer shall appoint someone to act on their behalf. Judy Gravino, Macedon Town Clerk appoints Linda Habecker, Deputy Town Clerk to act on her behalf performing the duties required for the November 2007 election.
The Wayne County Board of Elections has been notified.
NO. 18 PAGE
10
SEPTEMBER 13, 2007
ABSTRACT NO. 9-07
Claim Nos. 15646-15851 Funds in the amount of
$299,025.85
RESOLVED the bills be paid as audited.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED that the Town Board reimburse Matthew Sweet the cost of the canal permit associated with his Eagle Scout Project in the amount of $25.00.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board
enter Executive Session at 8:57 p.m. to discuss a particular personnel matter
and invites Chief Ellis to attend.
MOTION BY HAMMOND,
SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board
returns to Open Session at 10:35 p.m.
MOTION BY HAMMOND,
SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
MOTION BY HAMMOND,
SECONDED BY KENYON THAT THE MEETING BE ADJOURNED AT 10:40 PM.
______________________________
Judy W. Gravino, RMC
Macedon Town Clerk