NO. 5 PAGE 1
JANUARY
24, 2008
WEB
SITE http://macedontown.net
A Regular Meeting of the Town
Board of the Town of Macedon held January 24, 2008 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: Highway Supt………..Richard Roets
Sergeant Police.…….John Colella
Town Attorney…….…Anthony Villani
Town Clerk…………..Judy Gravino
RESOLVED the Board approves the minutes of January 10, 2008 as presented.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Nancy Wilcox questioned the Town Board regarding the Town of Macedon Ambulance. Supervisor Hammond asked Ms. Wilcox to submit any questions she may have to him.
7:45 PM – PUBLIC HEARING – KAPLIN SPECIAL USE PERMIT
RESOLVED the Town Board waives reading of the legal notice published in the January 7, 2008 issue of the Times.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Todd Kaplin requested a Special Use Permit to allow parking and storing of his tow trucks. There will be no storage of towed cars and no people coming and going. Mr. Kaplin is down to 3 trucks and one employee. He works 24/7 with a driver that takes a truck home and leaves from there. A fence has been installed to block the view. Mr. Kaplin submitted a petition in favor of Todd’s Towing being run from his home containing 11 names. Under the Special Use Permit regulations the applicant must have 10 acres. The Board informed Mr. Kaplin he would not be eligible if he sells the three (3) acres he has advertised without a variance. Town records show he currently has 10.54 acres. Several residents were in attendance to speak for and against the Special Use Permit. The concerns were additional traffic, maintaining the quality of life in a residential area, property values, speeding, the garage too small to house the trucks, trucks parked and maintenance being performed in the back yard, spills and noise. The Wayne County Planning Board reviewed the application on December 13, 2007 and recommended approval with the following conditions: 1) all hazardous/toxic materials must be properly disposed of, 2) outside storage of parts, etc. should not be permitted, 3) the driveway should have AASHTO recommended sight distances, 4) the operations should be screened from neighbors through use of landscaping fencing, etc. and 5) vehicles should not be towed back to the property. The WCPB decided that the proposal could be compatible with the
NO. 5 PAGE 2
JANUARY
24, 2008
surrounding land uses if it is kept as “low impact” and all conditions are complied with. The Macedon Planning Board had concerns regarding light and noise generated by this operation. Lacking widespread neighbor support, the Planning Board felt that a 24-hour operation was not compatible with a residential neighborhood. Mr. Kaplin intends to put millings down for the driveway. His goal is to put up a building to house his trucks inside. At 8:58 p.m. the Town Board suspended the Public Hearing due to two (2) more hearings.
8:58 PM – PUBLIC HEARING – WAYNE COUNTY CHAPTER OF NYSARC, INC. SPECIAL USE PERMIT
RESOLVED the Town Board waives reading of the legal notice published in the January 7, 2008 issue of the Times.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
James S. Grossman, Hiscock & Barclay represented Wayne County Chapter of NYSARC, Inc.’s request for a Special Use Permit to allow 927 Victor Road to be converted into a day service facility for disabled individuals and offices. This would be a semi-public and public facility with low intensity use. There are no plans for external changes to the structure. A canoe launch, trails and parking are proposed. ARC serves over 1,500 individuals with 100 from the Macedon area. A resident asked about traffic. ARC will employ 10 employees and individuals will be transported with vans. The hours of operation will be 8 a.m. to 4 p.m. Wayne County Planning Board recommended approval with the following conditions: 1) all NYSDOH regulations applicable to a day treatment facility must be complied with and 2) prior to making parking lot/driveway improvements, thought should be given to how the proposed public access (canoe launch) will integrate with the overall site design and anticipated traffic patterns. The Town Planning Board felt the proposed conversion would be a reasonable use of the property.
All persons desiring to be heard, having been heard the public hearing was closed.
RESOLUTION NO. 46 (08) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be closed at 9:10 p.m.
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 declares a Neg Dec on the Wayne
County Chapter of NYSARC, Inc. Special Use Permit application.
MOTION BY MCEWEN, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
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JANUARY
24, 2008
RESOLVED the Board approves the Wayne County Chapter of NYSARC, Inc. Special Use Permit to operate a treatment facility plus offices at 927 Victor Road
With the following conditions:
MOTION BY MCEWEN, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
The Board resumed the Kaplin SUP Public Hearing at 9:18 p.m.
Mr. Kaplin stated he will be storing 2 trucks and that he could live with the 7a.m. to 7 p.m. hours of operation except when the Sheriff calls. If the SUP is approved Mr. Kaplin will keep the three acres.
All persons desiring to be heard, having been heard the Public Hearing was closed.
RESOLVED the Public Hearing be closed at 9:45 p.m.
MOTION BY HAMMOND, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
The Board will not vote on the SUP until the next scheduled meeting on February 14, 2008.
10:03 PM – PUBLIC HEARING – MACEDON SEWER DISTRICT 1
IMPROVEMENTS
RESOLVED the Town Board waives reading of the legal notice published in the January 7, 2008 issue of the Times.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
The purpose of this Public Hearing is to take public comment on the proposed additional improvements to Macedon Sewer District 1. The Town previously approved sewer improvements on the north side of NYS Rt. 31 from Exxon Mobil Tech Center easterly to Miceli’s Restaurant at a maximum estimated cost of $650,000 to be assessed against all properties benefited thereby. The bid accepted was in the amount of $294,970. Since said bid was well below the original estimate it was determined by the Town Board that additional work consisting of a Wayneport Road Pump Station and Cedar Creek Pump Station improvements be made at a total additional estimated cost of $281,000.
No persons desiring to be heard, the hearing was closed.
RESOLUTION NO. 51 (08) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be closed at 10:04 p.m.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
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JANUARY
24, 2008
RESOLVED the Macedon Town Board declares a Neg Dec on the Macedon Sewer District 1 Improvements.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 53 (08) MACEDON SEWER DISTRICT NO. 1 IMPROVEMENTS
WHEREAS, the Town Board of the Town of Macedon, New York (the "Town"), has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Town Law § 202-b, relating to the increase and improvement of the facilities of the Macedon Sewer District No. 1(the "District") in the Town, consisting of consisting of the construction of 3094 lineal feet of 12" diameter SDR-35 PVC Sanitary Sewer pipe on the north side of New York State Route 31 from the Exxon Mobil Tech Center easterly to Miceli’s Restaurant with approximately 16 new manholes, and the acquisition of original furnishings, equipment, machinery or apparatus and other incidental improvements that may be required in connection therewith ; and
WHEREAS, at a meeting of the Town Board duly called and held on September 27, 2007 an order was duly adopted by it and entered in the minutes specifying the Town Board would meet to consider the increase and improvement of the facilities of the District in the Town at a maximum estimated cost of $ 650,000.00, which shall be assessed against benefited properties in the District, and to hear all persons interested in the subject thereof concerning the same at the Macedon Town Hall, 32 Main Street, Macedon, New York 14502 on October 11, 2007 at 7:45 P.M.; and
WHEREAS, said order duly certified by the Town Clerk was duly published and posted as required by law, to-wit: a duly certified copy thereof was published in the official newspaper of the Town, on October 1, 2007, and a copy of such order was posted on October 1, 2007, on the signboard maintained by the Town Clerk, pursuant to Town Law § 30(6); and
WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard; and
WHEREAS, said capital project was determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant environmental effects; and
WHEREAS, bids for the aforesaid improvements were received and accepted by the town of Macedon in the amount of $294,970.00 which sum was substantially less than the amount anticipated for the aforesaid improvements, and
WHEREAS, the Town Board of the Town of Macedon, New York (the "Town"), has duly caused to be prepared a map, plan and report including an estimate of cost, pursuant to Town Law § 202-b, relating to additional increase and improvement of the facilities of the Macedon Sewer District No. 1(the "District") in the Town, consisting of a Wayneport Road Pump Station including a 80 KW propane or natural gas generator, 300 A ATS, and weatherproof enclosure and Chain link fence and gate of 200ft and a Cedar Creek Pump Station including a 180 KW propane or natural gas generator, 600 A ATS, and weatherproof enclosure and 3-phase service installation, 600 A 208 V, 4-wire and chain link fence and gate of 300ft with Topographical surveys and easement searches for both sites at a total additional estimated costs of $281,000,
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JANUARY
24, 2008
Now, Therefore, Be It Ordered and Resolved, by the Town Board, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the additional improvements, consisting of a Wayneport Road Pump Station including a 80 KW propane or natural gas generator, 300 A ATS, and weatherproof enclosure and Chain link fence and gate of 200 ft. and a Cedar Creek Pump Station including a 180 KW propane or natural gas generator, 600 A ATS, and weatherproof enclosure and 3-phase service installation, 600 A 208 V, 4-wire and chain link fence and gate of 300 ft. with Topographical surveys and easement searches for both sites at a total additional estimated costs of $281,000. The maximum estimated costs for these additional improvements are $281,000 which, when added to the accepted bid for the installation of 3094 lineal feet of 12" diameter SDR-35 PVC Sanitary Sewer pipe on the north side of New York State Route 31 from the Exxon Mobil Tech Center easterly to Miceli’s Restaurant with approximately 16 new manholes, and the acquisition of original furnishings, equipment, machinery or apparatus and other incidental improvements that may be required in connection therewith previously approved would still amount to less that the original maximum estimated cost of $650,000.00 to be assessed against all properties benefited thereby. It has been determined that the aforesaid specific object or purpose constitutes an unlisted Action under the SEQR Regulations of the State of New York which will not have a significant impact upon the environment. Accordingly, the Town of Macedon has issued a negative declaration prior to adoption of this Order.
Section 2. The Town Board hereby decides, after such hearing and upon the evidence given thereat, that it is in the public interest to construct the proposed additional improvements.
Section 3. The Town Board has accepted from the town engineer the definite plans and specifications and careful estimate of the expense, and, with the assistance of the town attorney, to has reviewed and prepared a proposed contract for the execution of the work.
Section 4. The said board having examined such definite plans, specifications, estimate and the proposed contract, adopts the same and authorizes the town engineer to solicit bids in accordance with the applicable provisions of the General Municipal Law to be properly advertised.
Section 5. This order shall take effect immediately.
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board authorizes Clough Harbour & Assoc. to provide full-time construction observation per Project No. 17171 dated 1/17/2008 on the Route 31 Sanitary Sewer Replacement Project and authorize the Supervisor to sign said agreement.
MOTION BY MAUL, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 5 PAGE 6
JANUARY
24, 2008
RESOLVED the Town Board awards the Highway Track Bulldozer bid to the lowest responsible bidder, Five Star Equipment Inc. for the lease bid amount of $23,293.37/year for a period of 5 years, total bid price of $105,481.00.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board appoint Scott E. Haines to the temporary position of PT Police Officer with hours not to exceed 19.5 hours/week effective January 17, 2008 at a rate of $16.00/hour.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
BE IT RESOLVED that based on the recommendation of the Officer In Charge Earl Lergner be appointed FT Police Officer to the Macedon Police Department for a probationary period of between 8 weeks and 52 weeks and
BE IT FURTHER RESOLVED that a rate of pay be established for the above named officer of $19/hour base pay.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 58 (08) MOWING SERVICES - HUTTERMAN LAWN & LANDSCAPE
BE IT RESOLVED the Town Board approved the Hutterman Law & Landscape, Inc. agreement dated January 2, 2008 for mowing services at Bullis Park and the Greenway and authorize the Supervisor to sign said contract.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
BE IT RESOLVED the Supervisor is authorized to purchase a LCD Monitor not to exceed $195.
MOTION BY MCEWEN, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Board accepts the recommendation of Mr. Roets under Section 71 of the Civil Service Law that John Lyons be removed from the payroll effective February 4, 2008.
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 recommendation of Mr. Roets under Section 71 of the Civil Service Law that James Attridge be removed from the payroll effective February 4, 2008.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
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JANUARY
24, 2008
RESOLVED the Town Clerk is authorized to advertise for a highway employee.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
BE IT RESOLVED the Town Board authorizes the Highway Superintendent to purchase a 2008 Ford pickup truck from VanBortel Ford off state bid for a cost not to exceed $31,000 to be expensed from DA5130.2.
MOTION BY KENYON, SECONDED BY MAUL
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 11:30 PM.
_______________________________
Judy W. Gravino, RMC
Macedon Town Clerk