NO. 15 PAGE 1

JUNE 24, 2004

WEB SITE http://macedontown.net

A Regular Meeting of the Town Board of the Town of Macedon held June 24, 2004 at the Town Offices, 32 Main Street, in the Village 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

Supervisor…..………………William Hammond

Absent: Councilperson……………...David Maul

Also Present: Town Attorney……………..Anthony Villani

Town Clerk………………....Judy Gravino

Town Engineer……………...Scott Allen

Councilperson David Maul will be late. He is coaching a soccer game.

REPORTS - Macedon Police May Monthly Report

RESOLUTION NO. 146 (04) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Julianna Vecchiotti thanked the Town Board for posting deer crossing signs on Rt. 31 between Alderman Road and Yellowmills Road a few years ago. Ms. Vecchiotti requested the signs be extended from east of the Village line to the existing signs due to concerns for the motorists as well as the deer. Supervisor Hammond thanked her for her interest and will discuss this with Richard Roets, Highway Superintendent.

Kim Thompson, FRA Engineering submitted a request for a rezoning on behalf of Laker Development Group, LLC. The parcel is located on the north side of NYS Route 31 east of the Route 31/Wayneport Road intersection (tax account number 61111-00-4337929) owned by Gino D'Agostino. The request would rezone the property from ORM (Office/Research/Manufacturing) to GC (General Commercial). Mr. Murphy was approached about rezoning his property at this time and was not interested.

RESOLUTION NO. 147 (04) LAKER DEVELOPMENT REZONING

RESOLVED the Town Board declares itself lead agent for the Laker Development rezoning request at the north side of NYS Route 31 east of the Route 31/Wayneport Road intersection, tax account 61111-00-437929, from ORM (Office/Research/Manufacturing) to GC (General Commercial) consisting of 71 acres and hereby refers the matter to the Planning Board for their review and comments.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Norb Miller will be retiring from the Palmyra-Macedon School District effective June 25, 2004 and must resign his position as Macedon Recreation Director effective June 21 to satisfy the requirements of the Retirement System. After a separation of one week the Town can appoint Norm to the same position, and he would not be a member of the NYS Employee's Retirement System. This would allow Norb to be in compliance with post-retirement employment and not affect his civil service status with the Town.

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JUNE 24, 2004

RESOLUTION NO. 148 (04) RECREATION DIRECTOR RESIGNATION - MILLER

BE IT RESOLVED the Town Board accepts the resignation of Norbert Miller as Recreation Director effective June 21, 2004 pursuant to the retirement stipulation under the current teacher retirement system and

BE IT FURTHER RESOLVED that the Board appoints Norbert Miller to the position of Recreation Director effective June 28, 2004 at an annual salary of $25,992.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 149 (04) COURT AUDIT - WAGER

WHEREAS the Town of Macedon received (2) quotes as listed above for a Town Court Review as per the 2004 Budget be it therefore

RESOLVED the Town Board authorizes Raymond F. Wager, CPA. P.C. to perform the court review at a cost not to exceed $975.00 to be expensed from A1320.400 as budgeted.

MOTION BY KENYON, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 150 (04) TOWN AUDIT TABLED WITHDRAWN

RESOLVED Resolution No. 139 (04) TABLE RESOLUTION NO. 138 (04) TOWN AUDIT be withdrawn because it was found to be unnecessary to perform a full audit.

MOTION BY KENYON, SECONDED BY NAWROCKI

(ROLL CALL VOTE NOT NECESSARY TO WITHDRAW)

Councilperson Nawrocki thanked Councilperson Maul for questioning the full audit, which lead to the conclusion that the Town was not required to perform the full audit.

CORRESPONDENCE - The Supervisor presented the following:

1. The Hill Cumorah Pageant Cast Teams will provide community service labor to

Macedon during the third week of July 2004.

2. Teresa Bassett will be visiting the area in September and requested points of interest,

restaurants, attractions, events and other statistics pertaining to Macedon.

3. The Erie Canal Bike Trek will be in Macedon on July 13 consisting of approximately

400-500 cyclists. This is a 400-mile, eight-day bicycle tour from Buffalo to Albany along the canal from July 11-18. For more information see www.nypca.org/canaltour.

4. The Palmyra-Macedon Rotary Club requested space to plant a red oak tree as a centennial reminder. Highway Superintendent Richard Roets was asked to handle.

5. The Palmyra-Macedon Rotary Club has tabled the clock project for the Macedon Town Hall. They will advise the Town if they decide to proceed in the future.

Councilperson Maul entered the meeting at 7:50 p.m.

RESOLUTION NO. 151 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of June 10, 2004.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

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JUNE 24, 2004

ROUNDTABLE

Councilperson David McEwen - recommended the Town of Macedon signs on Route 31 as you enter Macedon from the east and west be updated. A cost will be submitted at budget time.

PUBLIC HEARING - 8 PM - RICHARD LONG REZONING REQUEST - RT. 31

RESOLUTION NO. 151 (04) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the June 14, 2004 issue of the Times.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Gary Garofalo, Fisher Assoc. Project Engineer, reviewed the Richard Long rezoning request for the north side of Route 31, just north of Wilson Road. The rezoning request contains 89.7 acres to be rezoned from Office/Research/Manufacturing (ORM) to General Commercial (GC).

Richard Malec, Emanuel Drive - What are they going to put in there?

Gary Garofalo - Currently they have no idea.

Ray Weidmann, Route 31 - Asked about the proposed road.

Councilperson Ken Nawrocki - As part of the master plan this area would be served by a service road without multiple road cuts onto Route 31.

Scott Allen, Town Engineer - There is no specific location for the road yet.

Councilperson Nawrocki - The road would be mapped to specific plans.

RESOLUTION NO. 152 (04) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:10 p.m.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 153 (04) RICHARD LONG REZONING REQUEST SEQRA

WHEREAS, Richard Long, has applied to the Town of Macedon for rezoning of 95 acres of land from ORM (Office Research Manufacturing) to GC (General Commercial), incorporating the following parcels:

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JUNE 24, 2004

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 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, Part 1 of the Long Form EAF has been prepared by the Applicant and reviewed by the Town Engineer, and Part 2 and 3 of the 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 located in an agricultural district.
8. A coordinated Review for Type 1 actions involving multiple agencies has been performed, subject to 617.6 (b)(3).
9. The Macedon Town Board is the lead agent.
10. The Macedon Town Board hereby determines that the proposed action is in 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;

 

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JUNE 24, 2004

(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;

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 154 (04) LOCAL LAW NO. 2 OF 2004 REZONING RT 31

NORTH - EAST OF WILSON ROAD INTERSECTION

ADOPTED

RESOLVED the Town Board adopt Local Law No. 2 of 2004 as follows:

LOCAL LAW NO. 2 OF 2004

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 Richard Long, the zoning map of the Town of Macedon be and the same is hereby amended by re-zoning of approximately 95 acres of land located on the North side of Route 31, just east of the Wilson Road intersection in the Town of

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JUNE 24, 2004

Macedon, Wayne County, New York from ORM (Office/Research/Manufacturing) to GC (General Commercial).

Involves two parcels of land as summarized below:

Tax Parcel Number Owner of Record Address Acreage to be rezoned

61111-00-562932 Richard Long 559 Rt. 31 89.7 acres

61111-00-516813 Richard Long No # (Vacant Land) 5.0 acres

The area of the rezoning is located north of Route 31, just east of the Wilson Road intersection, bordered by the NYS Thruway Authority (Erie Canal) to the north, lands owned by Bhagwanti Kachoria and Wayne County Industrial Agency (Exxon Mobil Corp.) to the east, NYS Route 31 to the south and lands owned by Gino D'Agostino to the west.

The purpose of the rezoning is to bring this area into conformity with the adopted Town of Macedon Master Plan.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Highway Superintendent Richard Roets has received two (2) requests for a speed reduction on Canandaigua Road. The individuals were advised to submit petitions to the Town Board.

Drainage has been opened up on Hance Road and tied into Frey Road. The next drainage project will be on Magog Road.

Chief Ellis positioned a speed trailer on Quaker Road and will submit the results when they are complete.

The Supervisor asked for any remaining submissions for the time capsule. It will be positioned and the block will be set shortly.

Attorney Anthony Villani advised the Rider Subdivision, Rider Lane, has been reviewed and will be ready to execute the offer of dedication at the next meeting.

RESOLUTION NO. 155 (04) GANANDA EVERGREEN HILLS DRAINAGE

RESOLVED the Town Board accepts the Gananda Drainage Easement as submitted for Evergreen Hills.

MOTION BY NAWROCKI, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

Proposed fee schedule changes will be presented at the next meeting. Councilperson Ken Nawrocki suggested the fee schedule be amended regarding fill permits due to the problem of compliance. Scott Allen should not have to chase these down. The fee schedule should require a bond or escrow to cover the cost to restore the property by an outside agency. Mr. Allen will also submit a recommendation for tipping fees.

Attorney Anthony Villani updated the Board on his research regarding the Police Department. It is difficult to submit specific proposals without knowing what the Village is doing. Town-wide versus Town outside Village depends on what the Village does. The Town can create a Police Department by passing a resolution. If you house a Police Department it is subject to permissive referendum. A petition could be submitted by the residents to bring it to a vote. A petition requires signatures equal to 5% of the last gubernatorial election consisting of 133 signatures. The filing of the petition determines the date of the election. Town law requires a vote at the next general election if the

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JUNE 24, 2004

petition is filed no less than 60 nor more than 75 days prior to a general election and at a special election if filed any other time. The special election would be held not less than 60 nor more than 75 days after filing of the petition. If you wait for a petition the vote could be required just before or after the November election. Any act that is subject to petition may be submitted by resolution by the Town Board requiring a vote. If the Town Board passes a resolution for a vote it could be included with the November election saving the taxpayers the additional expense. It would be easier for the Town to put both the establishment of the Town Police Department and housing together for a vote. Whatever the Village decides to do is subject to a referendum. Councilperson Maul stated that the Village would need to retain 4 officers so the Village would not have to pay the Town for police coverage. Attorney Villani said the Village would have to apply for special legislation to be exempt from retaining 4 officers. Attorney Villani was requested to have a resolution ready to proceed at the next meeting. There is an old comptroller's opinion that states that if the Village has four (4) police officers it would not be responsible for the expense of a Town police force, but would be for the cost to house them. The Village may be able to vote on the housing but not on the establishment of the Police.

The proposed bronze plaques for the two- (2) buildings were reviewed by the Town Board and approved.

RESOLUTION NO. 156 (04) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 9:00 p.m. to discuss negotiations.

MOTION BY HAMMOND, SECONDED BY MC EWEN

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 157 (04) OPEN SESSION

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

MOTION BY KENYON, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 158 (04) DAN'S SPECIAL USE PERMIT EXTENDED

RESOLVED to extend the Special Use Permit for Dan's through December 31, 2004.

MOTION BY NAWROCKI, SECONDED BY HAMMOND

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY NAWROCKI, SECONDED BY MAUL THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 10:57 PM.

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Judy W. Gravino, RMC

Town Clerk