NO. 16 Page 1
June 27, 2013
WEB SITE http://macedontown.net
The Regular Meeting of the
Town Board of the Town of
Pledge of Allegiance.
Upon Roll Call, the following members of the Board were
Present:
|
Councilperson |
Paul Kenyon |
|
Councilperson |
David McEwen |
|
Councilperson |
Sandy Pagano |
|
Supervisor |
William Hammond |
Absent:
|
Councilperson |
David Maul |
Also
Present:
|
Attorney |
Anthony Villani |
|
Attorney |
David Fulvio |
|
Police Chief |
John Colella |
|
Town Clerk |
Judy Gravino |
RESOLUTION NO. 151 (13) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of June 13, 2013 as presented.
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
CORRESPONDENCE – The Supervisor presented the following:
The Wayne Wellness Coalition,
along with the help of the Council on Alcoholism of the Finger Lakes recently
completed a round of alcohol compliance checks in
RESOLUTION NO. 152 (2013) PROPOSED LOCAL LAW NO. 1 (2013)
PUBLIC HEARING SET – OVERRIDE THE TAX LEVY LIMIT
RESOLVED the Town Board schedule a public hearing on August 8, 2013 at 7:45 p.m. to hear public comment on proposed Local Law No. 1 (2013) entitled a local law to override the tax levy limit established in General Municipal Law 3-c.
MOTION BY KENYON, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
The Board has passed this local law in prior years due to the law constantly changing. This law avoids penalties and/or fines due to the variables associated with this regulation.
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June 27, 2013
RESOLUTION NO. 153 (2013) RECREATION APPOINTMENT –
RESOLVED the Town Board appoint Jordon Ruston to the Summer Recreation Program (replacing Courtney Cobb) as recommended by the Recreation Director:
Rec
Camp
Justin Ruston $8.00/hour
MOTION BY PAGANO, SECONDED BY MCEWEN
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
Waste Management has applied for
a modification of their special use permit to construct a railroad siding on
the north side of the CSX mainline tracks, west of
RESOLUTION
NO. 154 (2013) HIGH ACRES
LANDFILL & RECYCLING CENTER INTERMODAL RAIL PROJECT MODIFICATION OF SPECIAL
USE PERMIT SEQRA NEGATIVE DECLARATION
WHEREAS, Waste
Management of New York, LLC, has applied to the Town of Macedon for approval to
construct a railroad siding on the north side of the CSX mainline tracks, west
of Wayneport Road;
AND WHEREAS, the project will allow
intermodal transport of materials to the High Acres Landfill Site;
AND WHEREAS, the Macedon Town Board
declared its intent to act as lead agency for the project on February 28, 2013;
AND WHEREAS, the Macedon Town Planning
Board reviewed the project at their March 11, 2013 meeting and made a positive
recommendation to the Town Board;
AND WHEREAS, the Wayne County Planning
Board reviewed the project at their March 27, 2013 meeting and made a positive
recommendation to the Town Board, with comments per their April 3, 2013 letter;
BE IT RESOLVED,
that the Town Board of the Town of
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, including NYSDEC.
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
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.
6.
The proposed action is not located in a coastal area.
7.
The proposed action is not located in an agricultural district.
8.
A coordinated Review for Type 1 actions involving NYSDEC as an involved
agency, and the Town of
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 Clerk to immediately file the determination in accordance
with section 6 NYCRR 617.12.
11. In reaching this finding,
the Town Board has:
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June 27, 2013
(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;
(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;
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June 27, 2013
(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
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 155 (2013) HIGH ACRES LANDFILL &
RECYCLING CENTER INTERMODIAL RAIL PROJECT MODIFICATION OF SPECIAL USE
Whereas, Waste Management of NY, LLC applied to the Macedon Town Board on February 20, 2013 for a modification of their Special Use Permit to allow construction of a rail siding on the north side of the mainline CSX tracks, west of Wayneport Road for the purposes of bringing materials to the site via intermodal rail,
And Whereas, the project was determined by the Town Board to be a Type 1 action, requiring a coordinated review pursuant to SEQRA,
And Whereas, the Macedon Town Board declared its intent to be lead agent on the project on February 28, 2013,
And Whereas, a coordinated review was
conducted with NYSDEC as an “involved agency”, and the Town of
And Whereas, the application was referred
to the Town of
And Whereas, the Town of
And Whereas, the Wayne County Planning Board recommended approval of the project at their March 27, 2013 meeting with five comments as detailed in their April 3, 2013 letter to the Town Board,
And Whereas, the Town Board held a public hearing on the application at their regular meeting on April 11, 2013,
And Whereas, the Town Board has considered all comments received from the Town and County Planning Boards as well as the comments received at the Public Hearing in their review of the project,
And Whereas, the Town Board identified one small to moderate impact in their review of the project relative to the long term production of methane gas, odors, and the disposal of this gas (flaring vs. productive re-use), which is proposed to be mitigated,
And Whereas, the Town Board has adopted a Negative Declaration resolution relative to the SEQRA review on the project subject to long term mitigation measures on methane gas production as detailed in contracts being entered into.
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June 27, 2013
Now therefore be it resolved, that the Macedon Town Board does hereby approve the Modification of the Special Use Permit for Waste Management of NY, LLC to permit construction of the rail siding as proposed in their application to the Town Board conditioned on Waste Management making available to the Town of Macedon, at no charge, no less than a continuous supply of 1200 cfm of methane of sufficient quality, volume and pressure to allow for economical and efficient conversion into electricity, it being the intent of the Town to reduce flaring by converting this volume to electricity in mitigation of the anticipated effect of the special use permit modification on landfill volume.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
PAGANO AYE,
Aaron Cook and Pete Henry were present to inform the Board that the Macedon Trails Committee was the recipient of the Erie Canalway Heritage Award of Excellence. The award was presented on Wednesday, June 26 at the Palmyra Community Library by the Erie Canalway National Heritage Corridor Commission. Bill Ryder was the initial driving force along with the dedicated volunteers of the Macedon Trails Committee which spent long hours and hard work for well over 25 years clearing, preserving and transforming the forgotten Enlarged Erie Lock 60 and Gallup’s Change Bridge No. 39 dating back to the 1800s. The area is accessible to visitors by boat, bike, footpath and car. This piece of history is a beautiful destination for all to enjoy a trip back in time. We encourage all to enjoy. Congratulations to the Trails Committee!
The canal bike ride will be held Tuesday, July 9, 2013.
A discussion followed on the fire contract with the
1. The Town holding the reserve account
2. Look into the 35% going directly to the Fire Department
3. Property ownership interest in the equipment
4. Future item – long term lease be conveyed to the Fire Department
The Board appreciates the two Fire Departments working together. They will continue to work through the contract process. A meeting is scheduled Friday with the Mayor to discuss sewer. The Mayor has not signed over the radio frequency from the Village to the Town.
RESOLUTION NO. 156 (2013) EXECUTIVE SESSION
RESOLVED the Board enter Executive Session at 8:37 p.m. to discuss litigation.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL ABSENT, MCEWEN AYE,
KENYON AYE,
Councilperson David Maul entered the meeting at 8:40 p.m.
RESOLUTION NO. 157 (2013) OPEN SESSION
RESOLVED the Board return to Open Session at 10:09 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
KENYON AYE,
MOTION BY
________________________________
Judy W. Gravino, RMC
Macedon Town Clerk