NO. 19 AUGUST 12, 2004 PAGE 1

WEB SITE http://macedontown.net

 

A Regular Meeting of the Town Board of the Town of Macedon held August 12, 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………David Maul

Councilperson………David McEwen

Councilperson………Ken Nawrocki

Supervisor….………William Hammond

Absent: Councilperson……….Paul Kenyon

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

Deputy Town Clerk…Linda Habecker

RESOLUTION NO. 179 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of July 22, 2004.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 180 (04) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of August 5, 2004.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL OBSTAINED, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

REPORTS: The Supervisor presented the Monthly Police Reports for June & July 2004.

RESOLUTION NO. 181 (04) APPROVAL OF MONTHLY REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 182 (04) ST. PATRICK’S GAMES OF CHANCE & RAFFLE

LICENSE

RESOLVED that the Board approves the Games of Chance and Raffle Licenses for St. Patrick’s Irish Fair to be held on September 11, 2004.

MOTION BY MAUL, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE

Letter from Gail Jackson, Quaker Road, concerned with wellbeing of children playing at the Morrison property and all of the hazards that exist there.

Letter from Kevin Kobey & Luba Drouin asking to participate in the Farmland Preservation Program.

 

 

 

 

 

 

NO. 19 AUGUST 12, 2004 PAGE 2

 

Letter from United Way concerning Community Champion Award.

Letter from Real Property Tax Services concerning the determination letter that is sent to taxpayers.

Letter from Wayne County Agricultural Development Board concerning a legislative breakfast and tour focusing on "Agriculture: The Economic Fabric of Wayne County".

Information from county concerning the weighted vote by the Town.

DISCUSSION

A discussion followed concerning the recycling issue at the County level. Supervisor Hammond requested that recycling be brought before Board for vote/Finance pulled the resolution and sent it back to Planning. Finance goes over every resolution and decides yea or nay-the concern is that all resolutions should be brought to the floor for discussion.

Attorney Villani stated that the county books make no sense.

Highway Superintendent, Richard Roets entered meeting at 7:50 P.M.

Attorney Villani has received no response to letter he sent to the Wayne County Attorney. He feels it may take litigation but we need to get answers.

8:00 P.M. PUBLIC HEARING – LAKER DEVELOPMENT REZONING – NORTH SIDE OF NYS RT. 31 EAST OF THE ROUTE 31/WAYNEPORT ROAD INTERSECTION

RESOLUTION NO. 183 (04) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the July 26, 2004 issue of the Times.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 184 (04) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing closed at 8:04 P.M.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 185 (04) LAKER DEVELOPMENT , LLC- REZONING

REQUEST SEQRA NEGATIVE DECLARATION

WHEREAS, Laker Development LLC, has applied to the Town of Macedon for rezoning of 70.75 acres of land from ORM (Office Research Manufacturing) to GC (General Commercial), incorporating the following parcels:

Tax Parcel Number Owner of Record Address Acreage to be rezoned

61111-00-437929 Gino D’Agostino 531 NYS Route 31 70.75 acres (portion of

total holdings)

AND WHEREAS, the rezoning area is located on the north side of NYS Route 31, beginning at the centerline of Wilson Road, and extending 840 westerly along the northerly right –of-way of NYS Route 31, and is approximately 2,700 feet deep, per

 

 

 

 

 

 

NO. 19 AUGUST 12, 2004 PAGE 3

 

 

THE PLAN ENTITLED "Proposed Rezoning Map", prepared by FRA Engineering, P.C.,dated June 16, 2004.

AND WHEREAS, the purpose of the rezoning is to bring the subject parcel into conformity with the adopted Town of Macedon master plan.

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 other agencies.
  4. Using the information available and comparing it with the thresholds set forth in

Section 6NYCRR 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 of the Long Form EAF has been

prepared by the Town Engineer to determine the significance of the proposed action.

  1. The proposed action is not located in a coastal area.
  2. The proposed action is not located in an agricultural district.
  3. A non-coordinated Review for Type 1 actions involving a single agency has been performed, subject to 617.6 (b)(1).
  4. The Macedon Town Board is the lead agency.
  5. 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.
  6. In reaching this finding, the Town Board has:
  1. Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g)
  2. 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,
  3. Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,
  4. Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

 

 

 

 

NO. 19 AUGUST 12, 2004 PAGE 4

 

 

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:

    1. A substantial adverse change in existing air quality, ground or surface water

      2. 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.

    2. 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;
    3. The impairment of the environmental characteristics of a critical

Environmental area as designed 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;

    1. The impairment of the character or quality of important historical,

      2. Archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

    2. A major change in the use of either the quantity or type of energy;

    3. The creation of a hazard to human health;
    4. 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;
    5. 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;
    6. The creation of material demand for other actions that would result in one or the above consequences;
    7. 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
    8. 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. 19 AUGUST 12, 2004 PAGE 5

 

 

  1. For the purpose 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;
  1. Included in any long range plan of which the action under consideration is a part;
  2. Likely to be undertaken as a result thereof, or
  3. 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:

  1. Its setting (e.g.,urban or rural);
  2. Its probability of occurrence;
  3. Its duration;
  4. Its irreversibility;
  5. Its geographic scope;
  6. Its magnitude; and
  7. The number of people affected.

MOTION BY HAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 186 (04) LOCAL LAW NO. 3 OF 2004 ADOPTED

RESOLVED the Town Board adopt Local Law No. 3 of 2004 as follows:

LOCAL LAW 3 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 the involved owners, the zoning map of the Town of Macedon be and the same is hereby amended by re-zoning of 70.75 acres of land located on the north side of NYS Route 31 east of Route 31/Wayneport Road intersection in the Town of Macedon, Wayne County, New York from ORM (Office Research Manufacturing) to GC (General Commercial)

Involves on (1) parcel of land as summarized below:

Tax Parcel Number Owner of Record Address Acreage

1. 61111-00-437929 Gino D’Agostino 531 NYS Route 31 70.75 acres

The area of the rezoning is located on the north side of NYS Route 31, west of Wilson Road in the Town of Macedon. The parcel to be rezoned is bordered by property owned by Richard Long to the east, property owned by Robert Murphy and Judy Maxwell to the west, NYS Route 31 to the south, and other lands of D’Agostino to the north.

The proposed rezoning area extends approximately 840.00 feet north along the frontage of Route 31 and is 2,700 feet deep, totaling approximately 70.75 acres, as shown on the plan dated June 16, 2004 titled "Proposed Re-zoning Map", prepared by FRA Engineering, PC.

 

 

NO. 19 AUGUST 12, 2004 PAGE 6

 

The purpose of the rezoning is to bring the subject parcel into conformity with adjacent properties and the Town of Macedon Master Plan.

MOTION BYHAMMOND, SECONDED BY NAWROCKI

ROLL CALL VOTE: KENYON ABSENT, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

 

ROUNDTABLE

Ken Nawrocki complemented the Wayne County Soil & Water for the great job done on Hance Road and done under budget.

Richard Roets reported to the Board that the Highway Department had paved Nolan and Mill Roads. They also opened the landfill underbrush so that the heavy equipment could

be brought in.

Dick Roets left meeting at 8:15 P.M.

Supervisor Hammond asked Board members their feelings on proposed new budget system to do away with the all day marathon at budget time. All agreed ground rules needed to be set up first.

Dave McEwen stated that the windows in Bullis Room do not have the thermal break needed for the high humidity in that room. Replacement will cost around $2200.00.

They need to be fixed ASAP before winter. Dave will get quotes for factory built or rebuilding of current windows. The Library Board feels the money should come from the Capital Project Fund.

Mark Henning, 1171 Route 31, feels the Architect for the building should be responsible for the replacements not the Town. The Board will look into this.

Anthony Villani has reviewed the contracts for the Landfill closure, bonds, and insurance and everything looks good. Tony has authorized Supervisor Hammond to sign paperwork. Supervisor Hammond stated that Marcy Excavation Company is on site. They will be working 10 hour days, 6 days a week and will be done by the middle of October.

The Board will approach NYSEG to design and have an engineer sign off on the guard rail that they agreed to install on Quaker Road. The easement needs to be filed.

POLICE DISCUSSION

A LENGTHY DISCUSSION on the Town wide Police Department followed.

Paul Kenyon entered the meeting at 8:50 P.M.

It was the concensus of ALL Board members that they wanted the Police Department to be a part of the Town of Macedon but the way it should be done was in question. Several Board members felt that it should be done by resolution NOT by the voters. The discussion went on for several hours.

RESOLUTION NO. 187 (04) TOWN WIDE POLICE FORCE

WHEREAS, the Town Board has considered the benefits of a Town wide Police Force and an equitable allocation of costs on a Town wide basis and served notice to the Village of Macedon as contractually required May 2004 to terminate the existing contract,

NOW BE IT RESOLVED, that the Town form a Town wide Police Department and create the office of Chief of Police effective June 1st 2005.

MOTION BY NAWROCKI, SECONDED BY KENYON

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN NAY,

NAWROCKI AYE, HAMMOND NAY MOTION CARRIED

 

 

 

 

NO. 19 AUGUST 12, 2004 PAGE 7

 

SUPERVISOR HAMMOND WANTED TO EXPLAIN HIS VOTE AS FOLLOWS:

I WANT TO BE ON RECORD TO SAY THAT WHILE I SUPPORT THE FORMATION OF A TOWN WIDE POLICE DEPARTMENT, I FEEL THAT THE REQUIRED VOTER APPROVAL FOR HOUSING OF THE POLICE DEPARTMENT SHOULD AND MUST BE RESOLVED PRIOR TO ITS FORMATION. I AM CONCERNED THAT THIS COULD PUT THE TOWN BOARD IN AN AWKWARD POSITION IF THE REFERENDUM TO HOUSE THE POLICE DEPARTMENT IS REJECTED BY THE ELECTORATE. AFTER ALL HOW CAN YOU CREATE A POLICE DEPARTMENT AND NOT PROVIDE HOUSING.

COUNCILPERSON MCEWEN WANTED TO EXPLAIN HIS VOTE AS FOLLOWS:

I WANT TO SET THE RECORD STRAIGHT FOR WHY I VOTED AGAINST THE TOWN BOARD RESOLUTION FOR THE FORMATION OF A MACEDON TOWN-WIDE POLICE FORCE. FIRST, I BELIEVE A DECISION OF THIS MAGNITUDE DESERVES CONSIDERATION FROM VOTERS OF MACEDON IN THE FORM OF A REFERENDUM. I TRUST THE VOTERS TO MAKE A DEMOCRATIC DECISION THAT REPRESENTS THEIR VIEWS AND NEEDS REGARDING TOWN-WIDE POLICE. THERE HAS NEVER BEEN AN HISTORIC OPPORTUNITY LIKE THIS FOR THE MACEDON ELECTORATE TO HAVE A CHANCE TO EXPRESS THEIR VIEWS AT THE POLLS, PARTICULARLY DURING A PRESIDENTIAL ELECTION CYCLE WHICH WOULD ASSURE A LARGE TURN-OUT. I BELIEVE THE RESOLUTION WOULD HAVE PASSED HAD IT GONE TO REFERENDUM AND WHAT BETTER WAY TO GIVE THE POLICE A VOTE OF CONFIDENCE FROM THE CITIZENS THEY SERVE.

PASSAGE OF THE RESOLUTION BY THE TOWN BOARD DOES NOT ADDRESS THE WHOLE PICTURE WITH FINANCING THE HOUSING OF THE DEPARTMENT STILL SUBJECT TO REFERENDUM. IF THE HOUSING DOES GET VOTED DOWN, THERE IS NO PRACTICAL SOLUTION AS TO WHERE THE POLICE WILL BE HOUSED. IF THAT HAPPENS THE TOWN BOARD WILL BE IN A EXTREMELY DIFFICULT POSITION. THE ONLY PRACTICAL WAY TO HAVE DECIDED THE WHOLE POLICE ISSUE WAS TO HAVE BOTH THE FORMATION OF THE DEPARTMENT AND FINANCING THE HOUSING OF THE DEPARTMENT ON THE BALLOT THIS FALL. LET THE VOTERS BE HEARD!

RESOLUTION NO. 188 (04) HOUSING OF POLICE DEPARTMENT

RESOLVED that the Town of Macedon lease premises currently occupied by the Village of Macedon Police Department located at 96 Main Street for use of the Town Police Department, not to exceed $10,000 per year. This Resolution is subject to permissive referendum.

MOTION BY KENYON, SECONDED BY NAWROCKI

RESOLUTION WAS WITHDRAWN – IT WAS DECIDED THAT FURTHER DISCUSSION IS NEEDED.

ABSTRACT NO. 95

CLAIM NOS. 9281 –9462 EXPENDITURES IN AMOUNT OF $312,709.94

RESOLUTION NO. 189 (04) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY HAMMOND, SECONDED BY MAUL

ROLL CALL VOTE: KENYON OBSTAINED, MAUL AYE, MCEWEN AYE,

NAWROCKI AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY MCEWEN THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:45 P.M.

 

 

________________________________________

Linda Habecker, Deputy Town Clerk