December 10, 2015
WEB SITE http://macedontown.net
The Special Meeting of the
Town Board of the Town of
Pledge of Allegiance.
Upon Roll Call, the following
members of the Board were
Present:
|
Councilperson |
|
|
Councilperson |
David Maul |
|
Councilperson |
David McEwen |
|
Councilperson |
Sandy Pagano |
|
Supervisor |
|
Absent:
|
|
|
|
|
|
Also Present:
|
Chief of Police |
|
|
Director of |
Paul Harkness |
|
Highway Superintendent |
Richard Roets |
|
Town Engineer |
Scott Allen |
|
Town Clerk |
Karrie Bowers |
RESOLUTION NO. 314 (2015) APPROVAL OF MINUTES
RESOLVED the Board approves
the minutes of November 12, 2015 (Regular Meeting) and November 23, 2015
(Special Meeting )as presented
MOTION BY PAGANO, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
REPORTS: November Police Report
South Macedon Fire & Rescue 4th
Qtr Report
RESOLUTION NO. 315 (2015) APPROVAL OF REPORTS
RESOLVED the Board approves
the reports as submitted
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 316 (2015) 2016 ANNUAL LANDFILL
POST-CLOSURE MONITORING AND MAINTENANCE PROGRAM
RESOLVED the Town Board
authorizes the Supervisor to sign the
MOTION BY PAGANO, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 317 (2015) IMPERIAL MAINTENANCE
CONTRACT RENEWALS
RESOLVED the Board approves
the automatic door labor only maintenance agreements for the Town Hall and
Library at a rate of $350 annual labor charge/building and authorizes the
Supervisor to sign said agreement
MOTION BY KENYON, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 318 (2015) TRUGREEN 2016 LAWN CARE CONTRACTS
RESOLVED that the Town Board
gives the Supervisor authorization to sign the 2016 TruGreen Lawn Contracts.
MOTION BY PAGANO, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO.319 (2015)
RESOLVED the Town Board
accepts the proposed bid from Davis Ulmer to supply a fire protection system
and monitoring at the
MOTION BY KENYON, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 320 (2015) CLOSING OF THE BOOKS
RESOLVED that the Town
Accountant Kim Leonard be authorized to make any necessary adjusting and
budgetary journal entries in closing the 2015 year.
MOTION BY MAUL, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 321 (2015) PUBLIC HEARING DATE SET –
LOCAL LAW NO. 1 (2016) LOCAL LAW NO. 1 (2016) TO AMEND THE PROCEDURE FOR
SCHEDULING PLANNING BOARD MEETINGS
The Town Board of the Town of
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 322 (2015) PUBLIC HEARING DATE SET –
LOCAL LAW NO. 2 (2016) TO ADJUST THE SEWER RENT RATE FOR GANANDA SEWER DISTRICT
NO. 1
The Town Board of the Town of
MOTION BY KEYON, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 323 (2015) PUBLIC HEARING DATE SET - HARVS
HARLEY DAVIDSON EXPANSION OF NON CONFORMING USE
RESOLVED the Town Board
refers the Application of Harv’s Harley Davidson 3120 Kittering Road for a
Special Permit from the Town Board to expand their non-conforming use to
include a Lunch Café and Bar to the Planning Board for advisory review,
AND BE IT FURTHER RESOLVED, that
the Town Board directs the Clerk to advertise for a public hearing on the
application for Thursday January 14, 2016 at 8:00 pm.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
7:45 PUBLIC HEARING - PROPOSED LOCAL LAW NO. 4 (2015)
TO AMEND THE PROCEDURES AND REQUIREMENTS FOR THE ISSUANCE OF
This Local Law No. 4 (2015) to
amend the procedures and requirements for the Issuance of Special Use Permits
for
RESOLUTION
NO. 324 (2015) LOCAL LAW NO. 4 OF 2015 A LOCAL LAW TO AMEND THE PROCEDURES AND
REQUIREMENTS FOR THE ISSUANCE OF
Be
it enacted by the Town Board of the Town of
Macedon Code § 135-171 is amended as follows:
Add
“(C) Special use permit
applications relative to the use, erection, relocation, reconstruction,
modification, or alteration of telecommunications towers shall be subject to
the provisions set forth in § 135-182.1.”
Macedon Code § 135-182.1(B) is amended as follows:
Delete
“(3) The regulations shall
apply to all property, including specific zones cited herein:
(a) Communication towers permitted in specific
districts. Communications towers and
accessory facilities/structures are only permitted in the following zoning
districts, subject to and upon approval of a special use permit by the Town
Board and final site plan approval by the Town of Macedon Planning Board under
the procedures set forth in § 135-13 of the Code of the Town of Macedon and
consistent with New York State Town Law: ORM – Office/Research/Manufacturing.
(b) Communication towers prohibited in certain
districts. Notwithstanding any provision
of this section to the contrary, communication towers and accessory structures
are not permitted in the following districts:*
[1]
AR-40 Agricultural/Residential District.
[2]
R-30 Residential District.
[3]
R-22 Residential District.
[4]
TPD Totally Planned Development District.
[5]
NCD New Community Development District.
[6]
MHD Mobile Home District.
[7]
FPO Floodplain Overlay District.
[8]
CCO Canal Corridor Overlay District.
[9]
GC General Commercial District.
NOTE:
*Exceptions – sites proposed on municipal
water tanks, preexisting tower sites and other municipal-owned property.”
Add
“(3) Telecommunications
towers and accessory facilities/structures shall be permitted in all zoning
districts, subject to and upon the approval and issuance of a special use
permit by the Town Board and final site plan approval by the Town of Macedon
Planning Board under the procedures set forth in Macedon Code § 135-13 and §
135-182.1.”
Macedon Code §
135-182.1(G)(2) is
amended as follows:
The typographical error “dsocumentation” shall be corrected to
“documentation”.
Macedon Code §
135-182.1(G)(3) shall be
amended as follows:
Delete
“(c) Districts as permitted in Subsection
B above.”
Add
“(c) ORM Office/Research Manufacturing District
and GC General Commercial District.
(d) Any other zoning
district.”
Macedon Code § 135-182.1 shall be amended as follows:
Subsection “D” and any references thereto shall become Subsection
“E.”
Subsection “E” and any references thereto shall become Subsection
“F”, and shall read as follows:
“F.
New tower at a new location. The
Town Board may consider a new telecommunications tower on a site not previously developed with an existing
tower when an applicant demonstrates that shared use of existing tall
structures, and existing or approved towers, is impractical, and submits a
reports as described in Subsection C(1) above; and when the Town Board
determines that shared use of an existing tower site for a new tower is
undesirable based upon the applicant’s investigation in accordance with this
section. Any proposed new
telecommunications tower shall also be subject to the requirements of
Subsection G through S below.
Applications for new tower construction shall be considered Type 1
actions under SEQRA regulations.”
Subsection “F” and any references thereto shall become Subsection
“G.”
Subsection “G” and any references thereto shall become Subsection
“H.”
Subsection “H” and any references thereto shall become Subsection
“I.”
Subsection “I” and any references thereto shall become Subsection
“J.”
Subsection “J” and any references thereto shall become Subsection
“K.”
Subsection “K” and any references thereto shall become Subsection
“L.”
Subsection “L” and any references thereto shall become Subsection
“M.”
Subsection “M” and any references thereto shall become Subsection
“N.”
Subsection “N” and any references thereto shall become Subsection
“O.”
Subsection “O” and any references thereto shall become Subsection
“P.”
Subsection “P” and any references thereto shall become Subsection
“Q.”
Subsection “Q” and any references thereto shall become Subsection
“R.”
Add
“D. Additional criteria for special use permit applications for
the construction of new telecommunications towers. The Town Board shall grant a special use
permit application to an applicant for shared usage of an existing tower site
for a new tower or for construction of a new telecommunications tower and a new
location, provided the applicant meets all applicable requirements set forth in
Subsections E through S below, and sufficiently demonstrates the following:
(1) The construction of a telecommunications
tower on the proposed site is necessary to provide safe and adequate service
and that it will eliminate substantial aspects of the existing gaps in cellular
service, improve transmission and reception of existing service in the Town of
Macedon and in the surrounding region, or provide service in places where no
wireless service is currently available;
(2) Compelling reasons—related to
technology, economics, efficiency and other factors— justify the position that
it is preferable and more feasible to use this single site than multiple
alternate sites; and
(3) The intrusion on the community is
genuinely minimal and that it will have a negligible impact on the surrounding
neighborhood.”
Effective Date:
This Local Law shall take effect immediately upon filing with New
York State Secretary of State.
MOTION BY MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 325 (2015) WAIVE
RESOLVED the Town Board waive
reading of the legal notice published in the November 15, 2015 issue of the
Times.
MOTION BY PAGANO, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
All persons desiring to be
heard, hearing none, the hearing was closed
RESOLUTION NO. 326 (2015) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing
be closed at 7:48 pm.
MOTION BY KENYON, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
WHEREAS, the Town of Macedon Local Law #4 of 2015 was
introduced at the Town Board meeting on November 12, 2015, proposing amendment
of Chapter 135 to Modify Special Use Permit Requirements for Telecommunications
Towers,
AND WHEREAS, the Town Board held a public hearing on LL #4-2015 on
December 10, 2015,
AND WHEREAS, the purpose of this Local Law is make the Town’s
Zoning Laws compliant with current state and federal law relative to local
regulation of communication towers,
BE IT RESOLVED,
that the Town Board of the Town of
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, a 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 partially 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:
(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 MAUL, SECONDED BY
KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 327 (2015) LOCAL LAW NO. 4 (2015) AMEND
THE PROCEDURES AND REQUIREMENTS FOR THE ISSUANCE OF
WHEREAS the Procedures and
Requirements for the issuance of special use permits for telecommunication
towers Local Law No. 4 (2015) public hearing was published in the November 15,
2015 issue of the Times and
WHEREAS the Town Board held a
public hearing to take public comment on 12/10/15
BE IT RESOLVED the Town Board
hereby adopts Local Law No. 4 (2015) Procedures and Requirements for the
Issuance of Special Use Permits for
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 328 (2015) SPECIAL USE PERMIT RENEWALS
– 2016
RESOLVED the Board approves
the following Special Use Permits subject to any and all requirements deemed
necessary by the Town Engineer and shall expire December 31, 2016:
A.E.Y Enterprises
A&P Auto Parts
AT&T 2285 Walworth Road
Alpco 846 Macedon Center Road (Route 31F)
CRH/Stillwater Nursery
Cafalone, Brian 1214 Victor Road
Crown Atlantic
Graf, Mark 2075 Macedon Center Road
JT’s Drive-In Car Shop 688 Frey Road
Lakeview Health
Macedon Landscaping
Morrison Excavating
Morrison, Roger 2062 Magog Road
Prime Development 1241 Route 31
Pulcini, Walter 2461 Quaker Road
Ricci & Sons Auto
Repair& Towing 665 Route 31F
SBA 1382
Shiff’s Automotive 1910 Route 31
True North Tractor
Twilight on the
VanHout, Gerald 1508 Alderman Road
MOTION BY KENYON, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 329 (2015) MINING PERMIT RENEWALS –
2016
RESOLVED the Board approves
the following Mining Permits subject to any and all requirements deemed
necessary by the Town Engineer and shall expire December 31, 2016:
A.E.Y.
Eastern Sand & Gravel Macedon
Center & Daansen Roads
Eastern Sand &
McPherson,
Morrison Excavating
Pulcini,
Smith,
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO.
RESOLVED, the Supervisor is
authorized to sign the 2016 Macedon Landfill Post-Closure Monitoring and
Maintenance Program Contract 14280 EWA #12 with Clough Harbour Associates Dated
December 4, 2015 in the amount of $2,750.00 to be expensed from A1440.402, and
the Town Accountant will make necessary budget adjustments.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 331 (2015) WASTE MANAGEMENT GAS
AGREEMENT
RESOLVED that the Town Board
authorizes the Supervisor to sign the Waste Management of New York, LLC Gas
Agreement.
MOTION BY KENYON, SECONDED BY
PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 332 (2015) HIGHWAY APPOINTMENT – SHIRTZ
RESOLVED the Town Board
authorizes Richard Roets, Highway Superintendent, to hire Thomas Shirtz as a
full time highway employee effective 12/21/15 at the rate of pay of
$17.75/hour.
MOTION BY KENYON, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 333 (2015) ACCOUNT CLERK – CAUWELS
BE IT RESOLVED that Kathy
Cauwels has successfully demonstrated a proficiency in the duties assigned to
her as Account Clerk and whereas Kathy Cauwels has served in the capacity a
sufficient length of time to demonstrate her capabilities in the Civil Service
title of Account Clerk, be appointed to a permanent position in this title for
the Town of Macedon.
MOTION BY KENYON, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
ABSTRACT NO. 379 (2015) Bills
for December (A) Expenditures in
the amount of
Claim Nos. #34013-34222 $479,476.06
RESOLUTION NO. 334 (2015) PAYMENT OF CLAIMS
RESOLVED the bills be paid as
audited.
MOTION BY KENYON, SECONDED BY
AMUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
Discussion:
*
*
RESOLUTION NO. 335 (2015) EXECUTIVE SESSION
RESOLVED the Board enter
Executive Session at 8:37 p.m. to discuss Personnel
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 336 (2015) OPEN SESSION
RESOLVED the Board returns to
Open Session at 11:05 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 337 (2015) AMBULANCE PERSONNEL
APPOINTMENT – FARBIZIO
BE IT RESOLVED the Town Board
appoints
MOTION BY KENYON, SECONDED BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
RESOLUTION NO. 338 (2015) FILING OF DEED EVIDENCE TO
WWTP
BE IT RESOLVED, upon the
filing of the deed evidence the Town’s ownership in the WWTP, the Supervisor is
authorized to sign the Agreement with the Wayne County Water and Sewer
Authority for operation of the Waste Water Treatment Plant, subject to Attorney
approval.
MOTION BY KENYON, SECONDED BY
MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO AYE,
MOTION BY
11:07 PM.
Karrie
M. Bowers
_________________
Karrie M. Bowers
Macedon Town Clerk