NO. 3 PAGE 1
JANUARY 23, 2003
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of Macedon held January 23, 2003 at the Town Offices, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William H. Hammond at 7:30 p.m.
Upon Roll Call, the following members of the Board were present:
Councilperson………………Dean Collins
Councilperson………………David Maul
Councilperson………………Ken Nawrocki
Councilperson………………William Hammond
Absent: Councilperson………………Paul Kenyon
Also Present: Town Attorney……………..Anthony Villani
Town Engineer……………..Scott Allen
Town Clerk………………....Judy Gravino
REPORTS – The Supervisor presented the following reports:
Village/Town of Macedon Joint Sewer Committee Minutes - The consensus was
to increase the annual cost from $10,000 to $13,000 for a two (2) year
period.
Appropriation Ledger as of 12/31/02
RESOLUTION NO. 43 (03) APPROVAL OF REPORTS
RESOLVED the Reports submitted be approved.
MOTION BY MAUL, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON ABSENT, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
CORRESPONDENCE – The Supervisor presented the following:
Town Hall – 32 Main Street
Library – 30 Main Street
Councilperson Maul stated the Assessor reported that her computer is sluggish. The computer was purchased new with the relocation and has been updated with memory. The latest state assessment software has been loaded and is very slow to use. Councilperson Maul concurs with Donna.
Councilperson Kenyon entered the meeting at 7:38 p.m.
RESOLUTION NO. 44 (03) ASSESSOR COMPUTER PURCHASE
RESOLVED to authorize the Supervisor to secure quotes and purchase a replacement computer for the Assessor’s Office not to exceed $2,100 to be transferred from A1990
to A1355.4.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 3 PAGE 2
JANUARY 23, 2003
RESOLUTION NO. 45 (03) SPECIAL USE PERMIT RENEWALS
RESOLVE upon recommendations of the Town Code Enforcement Officer that the following Special Use Permits are renewed for the calendar year 2003 and will expire December 31, 2003 and that all prior conditions will be met as required in 2002:
SPECIAL USE PERMIT RENEWALS
AT&T - Walworth Road – Regeneration Station
Alpco – Recycling, Inc. – 846 Macedon Center Road
Crown Castle Atlantic, LLC – Rt. 31F – Cell Tower
County Line Raceway – 311 Rt. 31
Dan’s Service Center – 665 Macedon Center Road
Empire Auto Salvage, LLC – 2384 Creek Road
JT-s Drive-in Car Shop – 688 Frey Road
Macedon Landscaping, Inc. – 1711 N. Wayneport Road
Morrison Excavating, Inc. – 740 Quaker Road
Nichols Gas & Oil, Inc. – 922 Rt. 31F
W. Pulcini, Inc. – 2466 Quaker Road
Rochester Aero Modeling Society – 2529 Macedon Center Road
SBA, Inc. – Wilson Road – Cell Tower
Spinner’s Family Skating Center – 280 Rt. 31
Stillwater Nursery – 1095 Quaker Road
True North Tractor – 2168 Canandaigua Road
G. VanHoute – 1508 Alderman Road
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 46 (03) MAILBOX REPLACEMENT OPTIONS
RESOLVED that the Highway Department be authorized to replace mailboxes and posts damaged by snow removal at a cost not to exceed $20 per mailbox/incident, or reimbursement to a Macedon resident after submission of a receipt greater than $20 for a replacement mailbox of their choice (installation must be by the resident) the Town will reimburse the resident up to $20 after verification by the Highway Superintendent through the town voucher system.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 47 (03) BUDGET ADJUSTMENTS & TRANSFERS
RESOLVED that the Town Board authorize the following budget adjustments and transfers:
A0960 Appropriations 235.00
A1990.400 Contingent 235.00
A0960 Appropriations 235.00
A7310.100 Rec. Director Salary 235.00
To reflect a 3% increase for 2003 salary for the Recreation Director. (2002 was @ 24,500, a 3% would bring it up to 25,235.00)
A0960 Appropriations 500.00
A7311.400 Adult Rec. – Contr. 500.00
A0960 Appropriations 500.00
A7311.200 Adult Rec. – Equip. 500.00
To record a budget transfer to remove $ from Jazzercise (will not expend in 2003) contractual to Adult Rec. Equipment to cover the costs of a CD/Radio and other equipment to be shared for all of the adult rec. programs.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON ABSTAIN, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 3 PAGE 3
JANUARY 23, 2003
RESOLUTION NO. 48 (03) FORSAY – UNSAFE PREMISES PUBLIC HEARING
RESOLVED to open the Public Hearing on Notice to Property Owner of Unsafe Premises pursuant to Property Nuisance Abatement Law of the Town of Macedon, Chapter 96 of Town Code with Donald Forsay.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON ABSTAIN, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
No one appeared to represent Mr. Forsay.
Scott Allen, Town Engineer – sited the property at 1835 Daansen Road. There is a barn structure that is partially collapsed that we red tagged for unsafe occupancy back in August. Since then the owner has not made any attempts to fix it. He has still been occupying it as a workshop and what not. We served notice on him based on the town’s nuisance abatement law to either fix it or take it down. He has time lines that he has to do it. He has 30 days to start and 60 days to finish. Tonight was his night to come in and ask for a modification of that order or dispute the fact that he even got it.
Councilperson Maul – The order indicates what we will do if he doesn’t comply.
Scott Allen – If he doesn’t comply the Town is going to solicit bids from outside contractors to remove the barn. In the case that he doesn’t comply with the order, we will have bids in hand. We will basically hire a contractor to remove the barn and add it to his tax bill. Mr. Forsay has two (2) options. He has the option to fix it or take it down. To comply he would have to hire a structural engineer that specializes in wood frame structures, have that engineer do an analysis of the barn and make recommendations on how to shore it up and fix it up. I would have to approve it. To my knowledge he hasn’t started that process and we are three (3) or four (4) weeks in right now. His first step is to actually let me know he has hired an engineer and have that engineer submit his resume to me so I know he has hired a reputable licensed engineer. Then I okay that person, then they go get the study. Since we issued the notice on the 8th of January I haven’t heard from him. I don’t know that he is making any effort in that regard. He does have options both ways, or he can take it down himself. There is also a secondary issue in the notice about a fence that he put up without a building permit that exceeds height and everything else. He was sited for the fence for putting it up without a permit. It has remained since August when I sited him. Part of the order is that he has to remove the fence as well.
Councilperson Nawrocki – This is his one and only chance to ask this body for relief on this order.
Scott Allen – The search warrant was in August, the tickets were served in September and the notice on the barn was served in January.
Councilperson Nawrocki – We served him in January because there was no progress. Since January 8th Scott Allen has received no reports from Mr. Forsay or his attorney regarding the hiring of an engineer. There has been no action or effort to comply with either of these good faith efforts of this order.
RESOLUTION NO. 49 (03) PUBLIC HE ARING CLOSED
RESOLVED to close the Public Hearing at 8:09 p.m.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 3 PAGE 4
JANUARY 23, 2003
RESOLUTION NO. 50 (03) WASTE MANGEMENT – NEGATIVE DEC
WHEREAS, Waste Management of New York, LLC has applied to the Town of Macedon for issuance of a Special Use Permit to operate the High Acres Yard Waste Composting and Wood Waste Recycling Facility within a 12.6 acre SRSPC zoning overlay district located on Tax Parcel ID #61112-00-093236, as identified on the Town of Macedon Zoning Map:
BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:
(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.
(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;
NO. 3 PAGE 5
JANUARY 23, 2003
(e) A major change in the use of either the quantity or type of energy;
(f) The creation of a hazard to human health;
(k) 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.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE, MOTION CARRIED
RESOLUTION NO. 51 (03) WASTE MANAGEMENT SPECIAL USE PERMIT
WHEREAS, Waste Management of New York, LLC has made application to the Town Board of the Town of Macedon for a special use permit pursuant to section 135-187 of Chapter 135 Zoning of the Macedon Town Code to establish a Salvage, Recycling, Processing, and Composting SRSPC operation at a location south of Perinton Parkway known as 425 Perinton Parkway, Fairport, New York on land in the Town of Macedon, subject to the rules and regulations of the Town of Macedon and such conditions as may be imposed by the Town Board and
WHEREAS, the appropriate reviews have been made and a negative determination of environmental significance having been issued under the provisions of the State Environmental Quality Review Act and regulations promulgated thereunder, and
NO. 3 PAGE 6
JANUARY 23, 2003
WHEREAS, there was duly notice a public hearing to consider the application of Waste Management New York, LLC at which all those desiring to be heard were heard, and due deliberation having been had thereon, including all comments received, submittals made, and recommendations issued by the Town Planning Board and County Planning Board,
NOW, THEREFORE, BE IT RESOLVED that a Special Use Permit be issued to Waste Management for a composite facility at Wayneport Road subject to the following conditions:
Saturday 6:00 a.m. to 2:00 p.m.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Residents will receive a sticker for Waste Management after being verified by the Town Clerk’s Office as a Macedon Resident and will pay at Waste Management. Stickers will be good through 2005.
Councilperson Collins – The Recreation Committee will be sending out their newsletter within the next six (6) weeks. To offset the cost of the postage they were able to find people to advertise. Discussion followed on park fees for organizations using the park weekly. Councilperson Collins will provide a recommendation to the Board. The Recreation Committee would like to write for grants and will be petitioning the Board to use recreation fees. The creation of the recreation fee will be researched.
LAKER DEVELOPMENT – CVS PROJECT
Scott Allen, Town Engineer – The number on issue was the concern over traffic, the traffic generation and traffic safety. The Town has been waiting for DOT to provide us with documentation that they were comfortable with the project and the rezoning and the Town’s Highway Superintendent offering his opinion due to Canandaigua Road being a town road. Last week the Town received the letter from DOT.
NO. 3 PAGE 7
JANUARY 23, 2003
RESOLUTION NO. 52 (03) LAKER DEVELOPMENT, LLC – REZONING
REQUEST – NE CORNER OF CANANDAIGUA RD. & NYS RT. 31 – SEQRA
NEGATIVE DEC
WHEREAS, Laker Development LLC, has applied to the Town of Macedon for rezoning of 5 parcels of land from R-30 to GC General Commercial, incorporating the following parcels:
Tax Parcel # Owner of Record AddressApprox. Acreage
62111-06-345754 Ronald Valentine 1209 NYS Route 31 0.38 acres
62111-06-355754 Edward Butka 1221 NYS Route 31 0.44 acres
62111-06-367770 William House 1231 NYS Route 31 1.95 acres62111-06-389762 Sherburne Properties, LLC. 1241 NYS Route 31 2.67 acres
62111-06-350770 Robert Lane 1574 Canandaigua Rd 0.51 acres
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.
4. Using the information available and comparing it with the thresholds set forth in section 6
(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,
NO. 3 PAGE 8
JANUARY 23, 2003
(d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.
(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.
NO. 3 PAGE 9
JANUARY 23, 2003
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS ABSTAIN, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 53 (03) LOCAL LAW NO. 1 OF 2003 TO AMEND THE ZONING
MAP OF THE TOWN OF MACEDON
RESOLVED the Town Board adopt Local Law No. 1 of 2003 as follows:
LOCAL LAW 1 OF 2003
BE IT ORDAINED AND ENACTED BY THE TOWN BOARD OF THE TOWN OF MACEDON THAT THE TOWN MAP ADOPTED WITH THE ZONING LAW OF THE TOWN OF MACEDON BE AMENDED TO PROVIDE AS FOLLOWS:
Based on the petition of the involved owners, the zoning map of the Town of Macedon be and the same is hereby amended by re-zoning of 5.95 acres of land located at the North East corner of NYS Route 31 and Canandaigua Road in the Town of Macedon, Wayne County, New York from R-30 (Residential) to GC (General Commercial)
Involves five (5) parcels of land as summarized below:
Tax Parcel Number Owner of Record Adddress Acreage
1. 62111-06-345754 Ronald Valentine 1209 NYS Route 31 0.38 acres
2. 62111-06-355754 Edward Butka 1221 NYS Route 31 0.44 acres
3. 62111-06-367770 William House 1231 NYS Route 31 1.95 acres
4. 62111-06-389762 Sherburne Properties, LLC 1241 NYS Route 31 2.67 acres
5. 62111-06-350770 Robert Lane 1574 Canandaigua Rd. 0.51 acres
The area of the rezoning is located at the north east corner of NYS Route 31 and Canandaigua Road, bordered by property owned by Mike and Lisa Canny 1612 Canandaigua Road to the north, Millard and Rebecca Knibbs 1261 NYS Route 31 to the east, NYS Route 31 to the south and Canandaigua Road, William and Louise Marvin 1582 Canandaigua Road and Michael and Carla Cleary 1590//1592 Canandaigua Road to the west.
The proposed rezoning area extends approximately 310.00 feet north along the frontage of Canandaigua Road, and 630.33 feet east along the frontage of NYS Route 31.
The purpose of the rezoning is to bring the northeast corner of NYS Route 31 and Canandaigua Road into conformity with other properties fronting on the intersection.
AND BE IT SUBJECT to the following conditions on SEQRA:
NO. 3 PAGE 10
JANUARY 23, 2003
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS ABSTAIN, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 54 (03) SUPERVISOR PICTURES RESTORED
RESOLVED to authorize the expenditure not to exceed $200 to restore four (4) pictures of past supervisors.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS ABSTAIN, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 55 (03) EXECUTIVE SESSION
RESOLVED the Town Board enters Executive Session at 9:58 p.m. to discuss litigation.
MOTION BY HAMMOND, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 56 (03) RETURN TO OPEN SESSION
RESOLVED the Town Board returns to Open Session at 11:11 p.m.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
MOTION BY NAWROCKI, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:12 PM.
____________________________
Judy W. Gravino, RMC
Town Clerk