The Regular Meeting of the Town Board of the Town of Macedon held March 28, 2002 at the Town Complex, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William H. 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………………Kenneth Nawrocki
                                               Supervisor…………………..William Hammond

Absent:                                   Councilperson………………J. Dean Collins

Also Present:
                                               Attorney…………………….Tony Villani
                                               Town Clerk…………………Judy Gravino

RESOLUTION NO. 103 (02)  APPROVAL OF MINUTES
RESOLVED the minutes of March 14, 2002 be approved as presented.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS ABSENT,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

REPORTS – The Supervisor presented the following:
1. Appeals Board minutes of January 9, 2002
2. Macedon Police February 2002 monthly report
3. Planning Board Minutes of February 25, 2002
4. 2001 Annual Report

RESOLUTION NO. 104 (02)  APPROVAL OF REPORTS
RESOLVED the reports submitted be approved.
MOTION BY KENYON,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS ABSENT,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Highway Superintendent Richard Roets entered the meeting at 7:35 p.m.

RESOLUTION NO. 105 (02)  TOWN BARN DEMOLITION AWARDED
WHEREAS, bids were received and duly opened on Tuesday, March 26, 2002 at 4:30 p.m. for the demolition of the town barn located at 30 Main Street; and

WHEREAS, the following bids were received:
Schreiber Excavating, Ontario, NY      $11,736.00
Morrison Excavating Inc., Macedon, NY    $20,500.00
K&D Disposal , Palmyra, NY      $20,600.00
Art Graf, Inc., Newark, NY      $22,800.00
Kenneth M. Morrison, Palmyra, NY     $24,600.00
Fleur-De-Lis Excavation, Seneca Falls, NY    $41,875.00
And

WHEREAS, the bids were reviewed by the Town Board
 
 
 
 
 

NO. 6          PAGE 2
MARCH 28, 2002

RESOLVED, that the bid submitted by Schreiber Excavating, 1767 Kenyon Road
Ontario, NY 14519, at a cost of $11,736.00 as the lowest responsible bidder is hereby accepted contingent upon attorney’s approval of required proof of insurance, 1 million liability, town named additional insured, and proof of workers compensation.
MOTION BY KENYON,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS ABSENT,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

A late bid was received by fax from Empire that was rejected.  Sealed bids were due by close of business.

RESOLUTION NO. 106 (02)  DOG TRAILER BIDS REJECTED
WHEREAS, the Town Clerk duly advertised for bids for the sale of one (1) Nomanco 4’x8’ steel trailer previously used for dog control purposes and only one bid was received

BE IT RESOLVED that the Town Board hereby rejects any and all bids and be it further

RESOLVED that the Highway Superintendent be authorized to include said trailer in the Palmyra auction.
MOTION BY KENYON,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS ABSENT,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Only one bid was received, therefore, the Board felt the trailer should go to the auction.

RESOLUTION NO. 107 (02) WILLIAMSON LAW BOOK SUPPORT CONTRACT
RESOLVED that the Town Board authorizes the Town Clerk to sign the Annual Software Support Contract for the Town Clerk’s Program in the amount of $450.00 to be expensed from A1410.400.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS ABSENT,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

A discussion followed on the restoration items removed after the fire and from the house.  Councilperson Maul has an inventory of items salvaged from the house.  Paul Davis Restoration would like to make one trip to return the items the town would like. The town will pay for labor on the items to be returned from the house and storage for the items from the fire.

Councilperson Collins entered the meeting at 7:43 p.m.

CORRESPONDENCE – The Supervisor presented the following:
1. A letter dated March 15, 2002 from Steve Watters regarding the proposed lease amendment, which expires May 13, 2002.
2. Bill Ryder submitted literature on the Western Erie Canal Heritage Corridor Commission.
3. Gananda Central School Board of Education Meeting Minutes of February 13, 2002
4. General Code Publishers submitted a PC/Codebook and E-Code Proposal
5. The Town of Perinton forwarded final approved minutes of the Town of Perinton Zoning Board of Appeals Scoping Session Hearing for Waste Management of February 25, 2002.
6. NYS Department of Transportation recently conducted a speed limit reduction study on Route 31F and concluded that reducing the speed limit would not bring about a reduction of traffic speeds.  The intersection of Yellow Mills and Creek Road would be under the town’s jurisdiction involving the use of traffic control devices other than speed limits.  NYSDOT will investigate the intersection of Route 31 and Yellow Mills Road for the need of a three-color signal.
7. Macedon Library Board of Trustees Meeting Minutes of March 7, 2002
8. Wayne County Council for the Arts Spring 2002 brochure
NO. 6          PAGE 3
MARCH 28, 2002

9. NYMIR General Liability March 2002 Preparing your municipality for emergencies: Part one – conducting threat assessment
10. Governor Pataki proposes Initiative and Referendum
11. A letter dated March 9, 2002 from Carl Eligh to DEC, Army Corp. of Engineers and Gananda Partnership regarding Gananda Partnership’s project called Phesant Run.
12. Village of Macedon Meeting Minutes of February 27, 2002
13. Letter of March 19, 2002 from Steve Watters thanking the Board for allowing the temporary use of his Wayneport Road building for a church.
14. Job posting for a part-time Senior Planner for the Wayne County Planning Board
15. Providence Housing Development Corpoartion intends to submit an application  for Hickey Commons under the Low-Income Housing Credit Program to the NYS Division of Housing and Community Renewal.
16. Proposed animal control service agreement draft

8:00  PM – STILLWATER NURSERY – PUBLIC HEARING – SPECIAL USE
                   PERMIT

RESOLUTION NO. 108 (02)  WAIVE READING OF LEGAL NOTICE
RESOLVED the Board waives reading of the legal notice published in the March 11, 2002 issue of the Times.
MOTION BY MAUL,  SECONDED BY COLLINS
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Jason Monroe, Lu Engineers Project Engineer represented Stillwater Nurseries on their submission for a special use permit to allow the operations of a small business on the north side of Quaker Road.  The Planning Board gave a positive recommendation at their February 25, 2002 meeting with a recommendation that the wording in the letter of intent be changed from “property maintenance” to an actual description of maintenance to be performed, such as snow removal.

All persons desiring to be heard, having been heard the Hearing was closed.

RESOLUTION NO. 109 (02)  PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be closed at 8:02 p.m.
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 110 (02)  STILLWATER NURSERIES SPECIAL USE PERMIT
RESOLVED that a Special Use Permit is granted to Stillwater Nurseries for a landscaping business located on Quaker Road parcel number 30112-00-280500 as recommended by the Planning Board Minutes of February 25, 2002, uses clarified by letter from Lu Engineers dated February 28, 2002.
MOTION BY MAUL,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Rod Prosser, Lakeside Engineering updated the Board on the Marvin Gardens project on South Wayneport Road.  The request is to rezone a 172.8-acre parcel for single family residential development from R-30/AR-40 to R-22.   Mr. Prosser stated that the only reasonable way to develop the parcel is to provide sanitary sewer to the entire parcel due to the poor soil.  The intention of the owners is to connect to a sanitary sewer manhole on Rt. 31, which is 2,300 feet to the north.  There is a major cost of $250,000.  The developer can not develop as one acre properties and make any profit.  The request is to rezone the parcel beyond 250 feet from the street, which is zoned R-30 and would remain R-30.  The rest of the parcel would be rezoned to R-22.  They have provided a long form EAF, wetlands and traffic study.  They would be able to recharge the wetlands with the drainage runoff and enhance them.  The square footage of the homes

NO. 6          PAGE 4
MARCH 28, 2002

has not been determined.  Total number of lots would be 186 under this proposal, which includes all phases.  The project has DEC approval as long as they do not impact more than one acre of wetland. The Planning Board felt there were too many questions and that the project needed to go through the full SEQR process.

Councilperson Nawrocki – submission states current zoning allows 132 sites.  The basic difference of $400/lot would not make or break this project.

A detailed lay out was not done for AR-40.  Lakeside will do another layout.  Mr. Prosser stated that they might possibly put in a pump station.

Councilperson Kenyon – Doesn’t know if he is willing to entertain a rezone of that particular parcel because of the cost of the sewer.  There may be all sorts of other arrangements that could be made to offset the cost of the sewer.  He is very concerned about the average square footage of the homes.

Mr. Prosser requested to proceed with the application on what has been submitted.

RESOLUTION NO. 111 (02)  MARVIN GARDENS LEAD AGENT
WHEREAS, Rod Prosser (hereinafter “project Sponsor”), C/O Lakeside Engineering, Rochester, New York attended the meeting of the Macedon Town Board on March 28, 2002 and submitted a Full Environmental Assessment Form in conjunction with its application for a subdivision approval for the Marvin Gardens Subdivision to be located within the Town of Macedon, and the Town Board has now had an opportunity to make a preliminary review of said application,

BE IT RESOLVED as follows:
1. Resolved that the findings below refer to the following project:
a. Name and Address of Lead Agency:  Town of Macedon, 1675 North Wayneport Road, Macedon, New York 14502
b. Name and address of person who can give additional information :  Scott Allen, Town Engineer, Town of Macedon, 1675 North Wayneport Road, Macedon, New York 14502 (315)986-7762
c. Brief description of the proposed action.  Rezoning of 172.8 acres on the West Side of South Wayneport Road from R-30/AR-40 to R-22 for construction of approximately 150 single-family houses.  Municipal water is available to the site.  Offsite sanitary sewer improvements are necessary for connection to the municipal sewer system.  Roadway access is proposed via two new road cuts onto South Wayneport Road.  Internal roadways are proposed for dedication to the Town of Macedon.
d. Preliminary SEQR classification: Type I
e. Location of the Action:  Town of Macedon, 1675 North Wayneport Road, Macedon, Wayne County, New York 14502
2. Resolved that any findings herein have been prepared in accordance with Article 8 of the Environmental Conservation Law.
3. Resolved that the proposed action is subject to the New York State Environmental Quality Review Act.
4. Resolved that the proposed action may involve one or more other agencies, Involved agencies are; New York State Department of Environmental Conservation, Avon, NY; Wayne County Highway Department, Lyons, NY; new York State Department of Transportation, Henrietta, NY; Army Corps of Engineers, Buffalo, NY; Wayne County Water and Sewer Authority; Village of Macedon, Macedon, NY; Fish and Wildlife and Wayne County Planning Board.  Interested agencies are Town of Perinton and Macedon Trails Committee.
5. Resolved  that a preliminary classification of the proposed action, using the information available and comparing it with the thresholds set forth in 6 NYCRR 617.4,  is a Type I action.
 

NO. 6          PAGE 5
MARCH 28, 2002

6. Resolved that as a Type I action, a full environmental assessment form complying with the provisions of 6 NYCRR 617.20 is required and the project sponsor must complete Part 1 of the full environmental assessment form, including a list of all other involved agencies that the project sponsor has been able to identify, exercising all due diligence.  Pending notification from other involved agencies, the Town of Macedon hereby declares itself the lead agency.  The lead agency shall be responsible for preparing Part 2 and, as needed, Part 3; however, said environmental assessment form shall be waived if a draft environmental impact statement is prepared or submitted by the project sponsor, in which case, the draft environmental impact statement shall be treated as an environmental assessment form for the purpose of determining significance.
7. Resolved that compliance with the provisions of subdivision (4) of section 305 of article 25-AA of the Agriculture and Markets Law, is not required.
8. Resolved that the Town of Macedon, having determined that an environmental impact statement is required, hereby directs the Town Clerk, in accordance with section 6 NYCRR 617.12(b), to promptly notify the applicant and all other involved agencies, in writing, that it is the lead agency, that an EIS is required and that scoping will be conducted.

MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Peg Churchill, Wayne County Planning Department updated the Town Board on the progress of the Aldrich Change Bridge project.  This project was funded in the summer of 1997 by HUD.  The bridge is an 1858 Whipple Aldrich Change Bridge.  The purpose of this bridge was to allow mules and drivers access from one side to the other without confusing the boat.  It was originally in Rochester and moved to Wayne County for use over Ganargua Creek.  In late 1996 during a  large ice storm the bridge fell into the creek.  The bridge was donated to the Town of Macedon.  The parts have been cleaned or remade and are ready to go.  A contract was awarded to Nicoletta Construction to build the stone abutments.  Volunteers will lay out the metal, pin it back together under the direction of Dr. Frank Griggs from Clough Harbour.  It will be placed on the abutments by a crane.  This procedure has been going on since the winter of 1996.  The HUD grant was awarded to the Town of Palmyra.  The property it will be located on is in the Town of Macedon but owned by the Canal Corporation and operated as a county park with a user and operations license through the Canal Corporation.  New members felt a plan needed to be developed on how this was going to work.  A railing system is being looked at for safety purposes since it is in a public park.  This will not be part of the active trail.  It will be a stand-alone in the Town of Macedon part of the park.  A pump system has been donated.  It is hoped to have an agreement with the Town of Macedon to aide in the maintenance of the bridge and the County will take over the maintenance of the surrounding land, pumping system and eventually the water element.  The long-term responsibility of maintenance of the bridge and liability is a concern.  The pump will not be the Town’s responsibility.  The bridge will receive three coats of paint as it is put together.  White oak will be used for the decking.  The stringers will be pre-treated wood.  The County is looking for a collaboration between the Town and County for long term responsibility of the bridge for maintenance and liability issues. The pump is a sewer pump that was sized to

Chuck Jefferson recently adopted a portion of the Macedon Trail System.  Anyone interested should contact Peter Short.
 
 
 
 
 
 

NO. 6          PAGE 6
MARCH 28, 2002

ROUND TABLE:

RESOLUTION NO. 112 (02)  NYSDEC LICENSE ISSUING AGENT AGREEMENT
RESOLVED the Board authorizes the Town Clerk to enter into a contract with NYS Department of Environmental Conservation entitled “License Issuing Agent Agreement”.
MOTION BY MAUL,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

Councilperson Collins – The Library Board of Trustees submitted an application  to the Rochester Area Foundation.

RESOLUTION NO. 113 (02)  ENTER EXECUTIVE SESSION
RESOLVED the Board enter Executive Session at 9:23 p.m.
MOTION BY KENYON,  SECONDED BY HAMMOND
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 114 (02)  OPEN SESSION
RESOLVED the Board returns to Open Session at 11:15 p.m.
MOTION BY HAMMOND,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 115 (02)  MACEDON SEWER PAYMENTS
RESOLVED the Town Board authorize the Accountant to establish a payment plan with the Macedon Sewer Residents noted in the March 28, 2002 memo.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 116 (02)  TOWN HALL SEQR
WHEREAS, The Town of Macedon has determined to construct two 8000 square foot buildings, each one story high constructed on slab on grade with associated utility and parking infrastructure improvements on the site of the former town hall/library/court, which was destroyed by fire in the Spring of 2001, 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 any other agency.
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. The EAF submitted is hereby accepted as satisfactory with respect to scope, content and adequacy and the proposed action classified as “unlisted.”
6. The proposed action is not located in a coastal area.
7. The proposed action is not located in an agricultural district.
8. Since the proposed action involves only a single agency, the Town of Macedon is hereby declared the lead agency.
9. Since the lead agency is directly undertaking the proposed action, the significance of the proposed action must be determined as early as possible.
10. The Town of Macedon has not received any application for funding or approval of the proposed action.
 
 
 

NO. 6          PAGE 7
MARCH 28, 2002

11. The Town of Macedon hereby determines that the proposed action will result in no adverse environmental impacts or that any identified adverse environmental impacts will not be significant and hereby directs the Town Clerk to immediately prepare, file and publish the determination in accordance with section 6 NYCRR 617.12 and provide written notice to any other possible involved agency.
12. In reaching this finding, the Town Board has:
(a) considered the action as defined in sections 6 NYCRR617.2(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) will set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation.
13. In determining significance, the Town Board has:
(a) 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:
(i) 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;
(ii) 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 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 natural resources;
(iii) the impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14(g);
(iv) the creation of a material conflict with a community’s current plans or goals as officially approved or adopted;
(v) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;
(vi) a major change in the use of either the quantity or type of energy;
(vii) the creation of a hazard to human health;
(viii) 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;
(ix) the encouraging or attracting of a large number of people to place or places for more than a  few days, compared to the number of people who would come to such place absent the action;
(x) the creation of a material demand for other actions that would result in one of the above consequences;
(xi) 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
(xii) 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 in this subdivision.
 
 
 

NO. 6          PAGE 8
MARCH 28, 2002

14. For the purpose of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, direct, indirect and cumulative impacts, including other simultaneous or subsequent actions which were:
(i) included in any long-range plan of which the action under consideration is a part;
(ii) likely to be undertaken as a result thereof, or
(iii) dependent thereon.
15. 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:
(i) its setting (e.g., urban or rural);
(ii) its probability of occurrence;
(iii) its duration;
(iv) its irreversibility;
(v) its geographic scope;
(vi) its magnitude; and
(vii) the number of people affected.
MOTION BY KENYON,  SECONDED BY NAWROCKI
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

RESOLUTION NO. 117 (02)  HEALTH BENEFITS
BE IT RESOLVED that health benefits be extended to all full time employees from hire date retroactive as of January 1, 2002 and be it further

RESOLVED that any payments made by employees since January 1, 2002 be reimbursed according to schedule.
MOTION BY KENYON,  SECONDED BY MAUL
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND ABSTAIN  MOTION
                                     CARRIED

RESOLUTION NO. 118 (02)  SHAKEN BABY SYNDROME AWARENESS WEEK
A resolution recognizing April 21-27, 2002, as “Shaken Baby Syndrome Awareness Week.”

WHEREAS, statistics collected by the Federal government show that more than 1 million children were victims of abuse and neglect in 1997, causing unspeakable pain and suffering to our most vulnerable citizens, and

WHEREAS, of the children who are victims of abuse and neglect, more than four die each day in this country, and

WHEREAS, the rate of child fatalities rose by 37 percent between 1985 and 1997, children who were 3 years old or younger accounted for 77 percent of fatalities, and

WHEREAS, a survey by Prevent Child Abuse America conducted during 2000 shows that half of all Americans believe that child abuse and neglect is the most important issue facing this country, compared to other public health issues, and

WHEREAS, the leading cause of death of abused children is head trauma, including the trauma known as Shaken Baby Syndrome, and

WHEREAS, Shaken Baby Syndrome, which typically occurs when a caregiver shakes a baby or young child, most typically less than 1 year of age but in some cases as old as 5 years of age,  can cause loss of vision, brain damage, paralysis, seizures, or death, but is a totally preventable form of child abuse, and

NO. 6          PAGE 9
MARCH 28, 2002

WHEREAS, as many as 3,000 children in the United States are diagnosed with Shaken Baby Syndrome every year, and thousands more are undiagnosed or undetected, and

WHEREAS, it is estimated that, on average, 100 children in New York State are shaken every year severely enough to require medical care because of injuries, and even more are shaken but not reported because of neglect or ignorance; and

WHEREAS, Shaken Baby Syndrome often causes permanent, irreparable brain damage or death to an infant, and may result in more than $1 million in medical costs for the care of a single disabled child during the first few years of life, and

WHEREAS, approximately 25% of children who are shaken may die, 50% of the survivors suffer serious injuries, and all children suffer psychological trauma and may have learning disabilities and other long-term consequences; and

 WHEREAS, it has been estimated that the taxpayers of the State of New York may, through the State Medicaid program, pay as much as 41% of the medical and rehabilitation costs that result from shaking injuries;

WHEREAS, it has been estimated that the taxpayers of the State of New York may pay an average of $25,000 to investigate and prosecute each instance in which a baby or young child is injured by shaking; and

WHEREAS, the taxpayers of the State of New York pay approximately $32,000 per year to incarcerate a caregiver convicted of causing a shaking injury to a baby or young child, and

WHEREAS, there are substantial additional costs to the taxpayers of the State of New York in collateral costs, such as the loss of tax revenue due to lost income of the victims of the shaking, their parents, and the psychological toll on parents, families, and medical and emergency service workers affected by these tragedies; and

WHEREAS, it appears that there is substantial medical evidence which indicates that, even when the injuries resulting from Shaken Baby Syndrome are moderate, shaking injuries and similar trauma are likely to cause learning disabilities in children that impose substantial costs on local school districts, and

WHEREAS, the State pays 43% of the cost of such programs and local property taxpayers pay the remaining costs; and

WHEREAS, police, fire and emergency service workers responding to emergency calls precipitated by Shaken Baby Syndrome and other forms of traumatic child abuse are exposed to substantial risk in order to respond quickly to those calls and transport injured children to medical facilities, and municipalities incur substantial costs for police, fire and emergency services required to respond to such incidents, and

WHEREAS, the most effective way to end Shaken Baby Syndrome is by preventing shaking injuries, and it is clear that the minimal costs of prevention programs will avert enormous medical and disability costs and untold grief for may families, and

WHEREAS, prevention of Shaken Baby Syndrome is supported by national and State organizations and families of children who have died from shaking injuries, such as The Skipper Initiative, an organization started in memory of “Skipper” Lithco, an eleven month old resident of the MidHudson Valley, who died of Shaken Baby Syndrome on December 3, 2000 and DJ Anderson, Jr., a seventeen month old boy, who died of Shaken Baby Syndrome on February 12, 2001;
 
 

NO. 6          PAGE 10
MARCH 28, 2002

The Brittney Sheets Foundation for SBS Prevention, founded as the result of the death of Brittney Alexis Sheets, a two and one-half year old resident of the Rochester area, who died of Shaken Baby Syndrome on June 7, 2001; and
Darryl and Barbara Gibbs, the parents of Cynthia Gibbs, an eight month old resident of Westchester County, who died of Shaken Baby Syndrome on November 16, 2000

WHEREAS, legislation was adopted by the State Legislature in 2001 that requires hospitals to include information about Shaken Baby Syndrome in the maternity information pamphlet provided to all persons registering for maternity services; and

WHEREAS, it appears that additional efforts are warranted to ensure that all parents of newborn children are actually educated about the danger that Shaken Baby Syndrome represents to the health and well being of their child, and ways that they can help protect their child from shaking injuries; and

WHEREAS, the Upstate New York SBS Prevention Project has developed and implemented an effective hospital-based education program in twenty-two counties of the State, with the support of the New York State Hoyt Trust Fund, that has reduced the incidence of shaking injuries by 60% at a cost of only $5 to $10 per birth;

WHEREAS, it has been estimated that the implementation of an effective hospital based SBS prevention program would save 60 children from shaking injuries, including 10 to 15 children who will otherwise die from such injuries, and 30 children who would otherwise suffer significant long-term injuries; and

WHEREAS, it is estimated that every $1 spent on prevention efforts would save the Federal, State and local governments approximately $1.70 in current expenditures for medical costs, rehabilitation services, learning disabilities, investigation and prosecution of cases involving shaking injuries, lost income tax revenue, and other costs to the taxpayers of the State; and

WHEREAS, the Town of Macedon encourages and strongly supports efforts to protect children from abuse and neglect; and

WHEREAS, the Town of Macedon encourages and strongly supports cost effective measures to educate parents and caregivers about the dangers of shaking injuries and how they help prevent injuries to their children, and

WHEREAS, the New York State Legislature has been requested to designate the third week of April, which this year occurs from April 21 to April 27, 2002, as “Shaken Baby Syndrome Awareness Week”,

NOW, THEREFORE, Be It Resolved that by the Town of Macedon, That the Town of Macedon recognizes the third week of April, which this year occurs from April 21 to April 27, 2002, as “Shaken Baby Syndrome Awareness Week” and encourages participation by the public in activities related to Shaken Baby Syndrome Awareness and;

Be It Further Resolved That the Town of Macedon directs the clerk to forward a copy of this Resolution to the Governor and our State legislators to encourage and support action by the New York State Legislature to proclaim April 21 to April 27, 2002, as “Shaken Baby Syndrome Awareness Week” in New York State:
 
 
 
 
 
 

NO. 6          PAGE 11
MARCH 28, 2002

Be It Further Resolved That the Town of Macedon supports and encourages prompt action by the State Legislature to extend hospital based education programs based on the Upstate New York SBS Prevention Project, or other programs that have proven effective in reducing the incidence of shaking injuries to children, to all maternity hospitals in the State so that all new parents throughout the State of New York, including residents of Wayne County can be effectively educated about the danger of shaking and learn how they can help protect their child from injury;  and

Be It Further Resolved That the Town of Macedon encourages efforts by the Governor to establish and proclaim a program of activities during Shaken Baby Syndrome Awareness Week to increase public awareness of the dangers of shaking injuries, and to promote affirmative coping skills for all parents and others who care for babies and young children.
MOTION BY HAMMOND,  SECONDED BY KENYON
ROLL CALL VOTE:  COLLINS AYE,  KENYON AYE,  MAUL AYE,
                                     NAWROCKI AYE,  HAMMOND AYE  MOTION CARRIED

MOTION BY COLLINS,  SECONDED BY HAMMOND THAT THE MEETING BE ADJOURNED.  THE MEETING ADJOURNED AT 11:27 PM.
 
 
 

       ____________________________
       Judy W. Gravino, RMC
       Town Clerk