NO. 12                                                                                                            PAGE 1

JUNE 14, 2012

WEB SITE http://macedontown.net

 

A Regular Meeting of the Town Board of the Town of Macedon held June 14, 2012 at the Macedon Town Hall, 23 West Main Street, Macedon, NY was called to order by Supervisor William Hammond at 7:30 p.m.

 

Pledge of Allegiance

 

Upon Roll Call, the following members of the Board were present:

                             

Councilperson……….David McEwen

Councilperson……….Cassandra Pagano

Supervisor…………...William Hammond

 

Absent:                   Councilperson……….Paul Kenyon

Councilperson……….David Maul

 

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

                              Engineer……………….Scott Allen

                              Highway Supt…………Richard Roets

                               Town Clerk...………….Judy Gravino

 

RESOLUTION NO. 130 (2012) APPROVAL OF MINUTES

RESOLVED the Town Board approves the minutes of May 24, 2012 as presented.

MOTION BY MCEWEN, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

REPORTS - The Supervisor presented the following:

                    Historian April 16-May 15, 2012

                    Town Clerk May 2012 Monthly Reports

                    Police May Reports

 

RESOLUTION NO. 131 (2012) APPROVAL OF REPORTS

RESOLVED the reports be accepted as submitted.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

CORRESPONDENCE – The Supervisor presented the following:

1.     The Village will be holding a public informational meeting at the Village of Macedon Fire Department Friday, June 22 from 6-8 p.m. on Hydrofracking Moratorium presented by David Slottje, Attorney from CEDC.

2.     Richard & Linda Orrvick requested a four-way stop at the intersection of Alderman and Magog Roads.  Supervisor Hammond referred the request to Kevin Rooney to investigate.

3.     The Town of Walworth will be revising their sewer ordinance. This will make it easier for an out of district resident to request sewer hookup.  The Town of Macedon will have to mirror these changes.

4.     A request from Joe Pangrazzio to hold a small press comic convention on the lawn of the Town.  Supervisor Hammond will look into.

 

 

 

 

 

 

 

 

 

NO. 12                                                                                                            PAGE 2

JUNE 14, 2012

 

RESOLUTION NO. 132 (2012) M&T INVESTMENT GROUP THIRD PARTY CUSTODY AGREEMENT

RESOLVED the Macedon Town Board authorize the Supervisor to sign the Third Party Custody Agreement dated the 6th day of June, 2012 with M & T Investment Group and LNB to update their records and approves William H. Hammond, Supervisor, Paul Kenyon, Deputy Supervisor and Kim V. Leonard, Town Accountant be listed as the officials approved to sign, wire, or transfer monies for Town accounts under the Town of Macedon, Federal ID# 15-6001028 retained at the Lyons National Bank located  in Macedon, NY.

MOTION BY PAGANO, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 133 (2012) EMPIRE NATURAL GAS CONTRACT

RESOLVED the Town Board approves and authorizes the Supervisor to sign said contract with Empire Natural Gas.

MOTION BY MCEWEN, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 134 (2012) SUMMER RECREATION PROGRAM

RESOLVED the Town Board approve the following appointments for the Summer Recreation Program:

Tennis:

          Marie Black                                           $14.50/hr.

          Assistant to be named                           $11.00/hr.

Rec. Camp:

          Christine Grier, Director                         $15.25/hr.

          Jennifer Copp, Assistant Director           $11.75/hr.

          Courtney Cobb                                      $  8.00/hr.

          Andrea Colucci                                      $11.00/hr.

          Vince Correa                                         $  7.25/hr.

          Cameron Hood                                      $  8.00/hr.

          Emily Maul                                            $  8.00/hr.

          Rachel Maul                                          $10.00/hr.

          Brian Vogan                                          $  7.75/hr.

          Kaleigh Vogan                                       $  9.00/hr.

This reflects a $.25 per hour increase from their salary from 2 years ago.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 135 (2012) PRE-PAYMENT AUTHORIZATION

RESOLVED the Town Board authorizes the Town Clerk to submit advance utility and postage vouchers to the Accountant for payment prior to a board meeting.

MOTION BY PAGANO, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 136 (2012) BULLIS PARK – ROOF REPAIR

RESOLVED the Town Board authorize the roof repair for the Bullis Park pavilion to be charged to A7110.200, Parks Equipment and to be paid out of the Park Cash Reserve Account, A0233 and the TE(P)0203 not to exceed $6,000 and the Town Accountant authorized to make any necessary budget adjustments.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

 

NO. 12                                                                                                            PAGE 3

JUNE 14, 2012

 

BEEBE ROAD RIGHT OF WAY SURVEY QUOTES:

Shelley Associates                      $750

John A. Greene & Assoc.            $600

 

RESOLUTION NO. 137 (2012) BEEBE ROAD ROAD RIGHT OF WAY SURVEY

RESOLVED THE Town Board authorizes the Town Engineer to contract with John A. Greene & Associates to survey Beebe Road right of way to be expensed from DB5110.400.

MOTION BY MCEWEN, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 138 (2012) TREE PURCHASE APPROVED

RESOLVED the Town Board authorizes the Highway Superintendent to purchase and plant trees on the town hill behind benches not to exceed $500 to be expensed from A7010.400.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 139 (2012) LOCAL LAW 4-2012 AMENDMENT OF CHAPTER 135 (ZONING) TO PERMIT CAMPING GROUNDS IN ORM ZONING DISTRICT SEQRA NEGATIVE DECLARATION

WHEREAS, the Town of Macedon Local Law #4 of 2012 was introduced at the Town Board meeting on March 8, 2012, proposing amendment of Chapter 135 of the Town Zoning Law to permit Camping Grounds within the ORM (Office, Research and Manufacturing) Zoning district,

 

AND WHEREAS, LL #4-2012 was forwarded to the Town and County Planning Board for their review and comment,

 

AND WHEREAS, the Town and County Planning Boards both recommended approval of LL #4-2012,

 

AND WHEREAS, LL#4-2012 was forwarded to the Village of Macedon and the Town of Perinton for their review and comment, with no formal comments received,

 

AND WHEREAS, the Town Board held a public hearing on LL #4-2012 on March 22, 2012 with no comment received in favor or against,

 

AND WHEREAS, it is the Town Board’s opinion that this Local Law is consistent with the proposed Land Use Plan within the Town’s adopted 1999 Master Plan, which calls for increased public recreational opportunities, and specifically a public recreation site along the canal,

 

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 6 NYCRR 617.4, the action is found to have a preliminary classification of Type 1.

 

5.     As a Type 1 action, Part 1 and Part 2 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 partially located in an agricultural district.

 

NO. 12                                                                                                            PAGE 4

JUNE 14, 2012

 

8.     A 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;

 

 

 

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JUNE 14, 2012

 

(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 HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 140 (2012) LOCAL LAW NO. 4 (2012) AMENDING CHAPTER 135 OF THE MACEDON TOWN CODE TO PERMIT CAMPING GROUNDS AS A SPECIAL USE IN THE ORM ZONING DISTRICT

Be it enacted by the Town Board of the Town of Macedon that Chapter 135 of the Town of Macedon Code be amended as follows:

 

1.  Chapter 135-93 of Town Code shall be amended to add the following item:

 

H. Camping grounds

 

2.  The introductory paragraph of Chapter 135-175 of Town Code shall be amended as follows:

 

     The Town Board may approve a special use permit for camping grounds in the AR-40 Agricultural / Residential, R-30 Residential, and ORM Office Research and Manufacturing Districts, provided that the following standards and provisions are maintained:

 

3.  Schedule 1 of Chapter 135 of Town Code shall be amended as follows:

 

          Within the use and dimensional requirements for the ORM – Office Research and Manufacturing Zoning district add the following permitted use and setback requirements:

 

          Permitted Use                   *Camping grounds (asterisk denoting a special use permit)

          Minimum Lot Size:                                           25 acres

          Minimum Lot Width:                                        600 feet

          Minimum Lot Depth:                                                  800 feet

          Principal Building Front Setback:                      300 feet

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JUNE 14, 2012

 

          Principal Building Rear Setback:                       300 feet

          Principal Building Side Setback (one):               300 feet

          Principal Building Side Setback (both):              600 feet

          Accessory Building Rear Setback:                    300 feet

          Accessory Building Side Setback:                     300 feet

          Maximum Building Height Principal Building:      24 feet         

          Maximum Building Lot Coverage on Lot:           5 percent

MOTION BY MCEWEN, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Discussion followed on new legislation passed in 2012 that authorizes local governments to award purchase contracts on the basis of “best value” rather than the “lowest responsible bidder”.  Best value is defined as a basis for awarding contracts the optimizes quality, cost, and efficiency among responsive  and responsible offerers.  Towns looking into best value purchasing must adopt a local law authorizing the town to award purchase contracts on a best value basis.  The Town Attorney will draft a local law.

 

Discussion followed on welcome to Macedon signs.  Councilman McEwen will continue to work on.

 

RESOLUTION NO. 141 (2012) DAVIS/ULMER CONTRACT

RESOLVED the Supervisor be authorized to contract with Davis Ulmer for the Library/Town Hall annual fire inspections.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 142 (2012) TRACK EXCAVATOR

RESOLVED to authorize the Highway Superintendent to go to bid for one (1) track excavator for Town Wide Drainage District for lease/purchase.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

Empire State Development Corporation will hold a public hearing required by the Urban Development Corporation on Monday, June 18, 2012, from 10-11 a.m., at the Macedon Town Hall to consider the General Project Plan.  Pliant will receive a grant of up to $150,000 to be used for a portion of the cost of renovations, the purchase of machinery and equipment and relocation of equipment.

 

ABSTRACT No. 6-2012 (274)                          Expenditures in the amount of

Claim Nos. 26383-26547                                 $223,458.92

 

RESOLUTION NO. 143 (2012) AUDIT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY MCEWEN, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

The Town Offices will be open from 8 a.m. to 5 p.m. beginning June 18, 2012 through August 31, 2012 Monday through Thursday.  The Town Board will hold one meeting in July and August on the second Thursday of the month.  Normal schedules will resume September 4, 2012.

 

MOTION BY MCEWEN, SECONDED BY PAGANO THE MEETING BE ADJOURNED AT 8:14 PM.

_____________________

Judy W. Gravino, RMC

Macedon Town Clerk