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SEPTEMBER 27, 2007

WEB SITE http://macedontown.net

 

A Regular Meeting of the Town Board of the Town of Macedon held September 27, 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

                                    Supervisor…………...William Hammond

 

Absent:                       Councilperson……….Ken Nawrocki

 

Also Present:             Police Chief………….John Ellis

Town Attorney…….…Anthony Villani                                      

                                Town Clerk…………..Judy Gravino

                                    Town Engineer……...Scott Allen

 

Prime Time Development presented their plans for the former Bob Bonosky Macedon Ford Property to the Board.  The project consists of a 6,000 square foot convenience store, which will include two restaurant tenants.  The fuel island will house five (5) fueling stations.  There will be 48 parking spaces provided, cross connection in two locations to the property to the west, and one drive-thru window.  The existing building will be demolished.

 

RESOLUTION NO. 232 (07) PRIME TIME DEVELOPMENT REFERRAL

RESOLVED the Town Board refers the Prime Time Development Special Use Request for a convenience store under Town Code Section 135-86 to the Wayne County Planning Board and Town Planning Board for their review and be it further

 

RESOLVED the Macedon Town Planning Board shall act as lead agent for the SEQR review.

MOTION BY HAMMOND, SECONDED BY MAUL

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

NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

 

RESOLUTION NO. 233 (07)  APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of September 13, 2007 as presented.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI ABSENT, HAMMOND AYE  MOTION CARRIED

 

RESOLUTION NO. 234 (07) BUDGET WORKSHOP

RESOLVED the Town Board set October 4, 2007 for the Budget Workshop at 4 p.m.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

 

 

 

 

 

 

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SEPTEMBER 27, 2007

 

RESOLUTION NO. 235 (07) MACEDON CENTER FIRE ASSOCIATION FIRE PROTECTION SERVICES PUBLIC HEARING SET

RESOLVED that a public hearing be set for October 25, 2007 at 7:35 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed fire protection agreement between the Town of Macedon and the Macedon Center Volunteer Firemen's Association for fire protections services for the year 2008.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 236 (07) VILLAGE OF MACEDON FIRE SERVICES PUBLIC HEARING SET

RESOLVED that a public hearing be set for October 25, 2007 at 7:50 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed fire protection agreement between the Village of Macedon and the Town of Macedon for the year 2008.

MOTION BY KENYON, SECONDED BY MAUL

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 237 (07) TOWN OF MACEDON AMBULANCE SERVICE PUBLIC HEARING SET

RESOLVED that a public hearing be set for October 25, 2007 at 8:10 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the proposed Town of Macedon Ambulance Contract.

MOTION BY KENYON, SECONDED BY MCEWEN

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 238 (07) PRELIMINARY BUDGET PUBLIC HEARING SET

RESOLVED the public hearing be set for October 25, 2007 at 8:30 PM prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the preliminary 2007 budget for the Town of Macedon and directs the Clerk to publish notice of said hearing.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 239 (07) NYS ROUTE 31 SEWER REPLACEMENT PROJECT SEQRA NEGATIVE DECLARATION

WHEREAS, the Town of Macedon is proposing to replace 3,000 linear feet of 8” diameter ACP gravity sewer main with the same footage of 12” pvc gravity sewer main,

 

AND WHEREAS, the new sewer main will generally follow the alignment of the existing sewer within the right of way of NYS Route 31.

 

AND WHEREAS, the project is being advanced at this time to replace a pipe which is severely corroded and is leaking substantial amounts of groundwater.

 

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 involves review and approval by NYSDOT and NYSDEC.

 

 

 

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SEPTEMBER 27, 2007

 

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.

 

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;

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SEPTEMBER 27, 2007

 

(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 KENYON, SECONDED BY MCEWEN

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 240 (07) NYS ROUTE 31 SEWER REPLACEMENT PROJECT PUBLIC HEARING SET

RESOLVED the town Board schedule a Public Hearing on October 11, 2007 at 7:45 p.m. prevailing time at the Macedon Town Hall for the purpose of obtaining public comment on the NYS Route 31 Sewer Replacement Project.

MOTION BY HAMMOND, SECONDED BY KENYON

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 241 (07) ASSESSING REVIEW BOARD APPOINTMENT

RESOLVED the Board reappoints Thomas Littlefield to the position of Assessing Review Board Member effective 10/01/2007 at an annual salary of $462 prorated, term to expire 9/30/2012.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

 

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SEPTEMBER 27, 2007

 

RESOLUTION NO. 242 (07) PAYMENT OF CLAIM

RESOLVED the Town Board approves the United States Treasury bill in the amount of $750 on Abstract 9-A-07.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

LIBRARY – FYI – Heather Proctor was appointed to replace the Abbe Harbol as Library Board of Trustee effective 9/17/07-12/31/07.

 

RESOLUTION NO. 243 (07) ASSESSOR SEMINAR     

RESOLVED the Town Board authorizes the Town Assessor to attend a one-day seminar on Valuation of Light Manufacturing Facilities in Rochester on October 26, 2007 at a cost not to exceed $125 to be expensed from A1355.400.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 244 (07) 2007 JUSTICE COURT ASSISTANCE PROGRAM

RESOLVED the Town Board approves and authorizes the Supervisor to sign the 2007Justice Court Assistance Program Application.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 245 (07) HIGHWAY SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM

RESOLVED the Town Board approves the participation in the Shared Municipal Services Incentive (SMSI) Grant Program to be written by Stuart I. Brown Associates, Inc. with the Town of Palmyra, Village of Palmyra and Town of Walworth requesting grant funding for shared heavy highway equipment and authorizes the Supervisor to sign said agreement not to exceed $550 to be expensed from A5132.400.

MOTION BY MAUL, SECONDED BY KENYON

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 246 (07) IMPERIAL DOOR CONTROLS, INC. CONTRACT

RESOLVED the Town Board authorizes the Supervisor to sign Contract Nos. RV3531-A and RV3531 with Imperial Door Controls, Inc. for maintenance agreement on the Library and Town Hall automatic doors.

MOTION BY KENYON, SECONDED BY MCEWEN

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

A lengthy discussion followed with Rick Dodge concerning the current status of the Town Ambulance Service and further purchases required.  A rough estimate of cost is $40,000.  Options for housing the ambulance were reviewed.  The Village is aware of the Town establishing an ambulance service, however, it was recommended a letter be sent to the Village to make sure they are fully aware. 

 

 

 

 

 

 

 

 

 

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SEPTEMBER 27, 2007

 

RESOLUTION NO. 247 (07) CERTIFICATE OF NEED – AMBULANCE – DODGE

RESOLVED the Supervisor be authorized to extend the contract with Rick Dodge for work associated with the Certificate of Need for ambulance through December 31, 2007 removing the 20-hour limit and subject to the Supervisor’s discretion.

MOTION BY KENYON, SECONDED BY MCEWEN

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

It was the consensus of the Board to move forward with the Ambulance.

 

DOT has determined that a 45 mph speed limit is justified on North Wayneport Road between Route 31 and the Erie Canal.

 

RESOLUTION NO. 248 (07)  EXECUTIVE SESSION

RESOLVED the Board enter into Executive Session at 9:00 p.m. to discuss litigation.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 249 (07) OPEN SESSION

RESOLVED the Board return to Open Session at 10:30 p.m.

MOTION BY MCEWEN, SECONDED BY HAMMOND

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

NAWROCKI ABSENT, HAMMOND AYE MOTION CARRIED

 

MOTION BY MCEWEN, SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED AT 10:31PM.

 

 

 

_________________________

Judy W. Gravino, RMC

Macedon Town Clerk