NO. 3 Page 1 January 23, 2014
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 |
|
|
Councilperson |
David Maul |
|
Councilperson |
David McEwen |
|
Councilperson |
Sandy Pagano |
|
Supervisor |
William Hammond |
Absent:
Also Present:
|
Attorney |
Anthony Villani |
|
Attorney |
David Fulvio |
|
Highway Superintendent |
Richard Roets |
|
Town Engineer |
Scott Allen |
|
|
Barbara LaBrake |
RESOLUTION NO. 45
(2014) APPROVAL OF MINUTES
RESOLVED the Board approves the minutes of January 9, 2013 as presented.
(Regular Meeting)
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 46
(2014) RESOLUTIONS AMENDED
RESOLUTION NO. 6 (2014) JANUARY 8, 2014 MINUTES AMENDMENTS
RESOLVED the Board amends the following resolutions as follows:
January 8, 2014:
· Resolution No. 6 (2014) Designations, No. 11
To read July 3rd instead of July 4th
· Resolution No. 26 (2014) Resignation
Resignation from the Zoning Board of Appeals instead of Assessing Review Board (Aaron Cook)
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO
AYE,
CORRESPONDENCE – The Supervisor presented the following:
· Liquor license renewal notification for Sharman Properties Inc.
Crooked Pines Golf Club
·
Notice from the
· Job Applications for Fire Code Enforcement Officer & Zoning Board of Appeals are due February 3, 2014
·
NO. 3 Page 2 January 23, 2014
WEB SITE http://macedontown.net
REPORTS:
Historian December 2013 Report
RESOLUTION NO. 47
(2014) APPROVAL OF REPORTS
RESOLVED the Board approves the reports as submitted.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 48
(2014) PREPAYMENT OF UTILITIES & POSTAGE AUTHORIZATION
RESOLVED the Board approves the prepayment of utility and postage invoices for the calendar year 2014.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE, PAGANO
AYE,
RESOLUTION NO. 49 (2014) STANDARD WORK DAY RESOLUTION
FOR EMPLOYEES RS2418
BE IT RESOLVED, that the Town of
|
Title |
Standard Work Day (Hrs/day) |
|
Accountant |
6.5 |
|
Assessor |
6.5 |
|
Boards – Assessing/Planning/ZBA |
6.5 |
|
Clerks |
6.5 |
|
Director |
8 |
|
Dog Control Officer |
6.5 |
|
Elected Officials (unless specified) |
6.5 |
|
Engineer |
6.5 |
|
Highway Superintendent |
8 |
|
Laborers |
8 |
|
Library |
7.5 |
|
Police |
8 |
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
NO. 3 Page 3 January 23, 2014
WEB SITE http://macedontown.net
RESOLUTION NO. 50
(2014) STANDARD WORK DAY AND REPORTING RESOLUTION
Standard Work Day and
Reporting Resolution
BE
IT RESOLVED, that the Town of
|
Title |
Name |
Standard Work Day (Hrs/day) |
Term Begins/Ends |
Participates in Employer’s Time Keeping System |
Days/Month (based on Record of Activities) |
|
Elected
Officials |
|||||
|
Board
Member |
Kenyon,
Paul W. |
6.5 |
01/01/2012-12/31/2015 |
N |
4.01 |
|
Board
Member |
McEwen,
David J. |
6.5 |
01/01/2014-12/31/2017 |
N |
4.00 |
|
Board
Member |
Pagano,
Cassandra N. |
6.5 |
01/01/2014-12/31/2017 |
N |
4.00 |
|
Highway
Superintendent |
|
8 |
01/01/2012-12/31/2015 |
N |
34.96 |
|
Receiver
of Taxes & Assessments |
Maul,
Lorie D. |
6.5 |
12/01/2012-12/31/2015 |
Y |
N/A |
|
Supervisor |
Hammond,
William H. |
6.5 |
01/01/2012-12/31/2015 |
N |
20.05 |
|
Town
Clerk |
Gravino,
Judy W. |
6.5 |
01/01/2012-12/31/2015 |
N |
23.7 |
|
|
|
|
|
|
|
|
Appointed
Officials |
|||||
|
Assessing
Review Board |
Reid,
John |
6.5 |
10/01/2013–09/30/2018 |
Y |
N/A |
|
Assessing
Review Board Clerk |
Sackett,
Lynnette M. |
6.5 |
08/20/2012-06/19/2013 |
Y |
N/A |
|
Assessing
Review Board Clerk |
Datthyn,
Paula J. |
6.5 |
07/15/2013-12/31/2014 |
Y |
N/A |
|
Court
Clerk |
Oaks,
Judith |
6.5 |
01/01/2012-12/31/2015 |
Y |
N/A |
|
|
LaBrake,
Barbara K. |
6.5 |
01/09/2012-12/31/2015 |
Y |
N/A |
|
Dog
Control Officer |
Plyter,
Mark E. |
6.5 |
01/01/2014-12/31/2014 |
Y |
N/A |
|
Highway
Clerk |
|
6.5 |
01/01/2012-12/31/2015 |
Y |
N/A |
|
Clerk
to Supervisor |
Bowers,
Karrie M. |
6.5 |
01/01/2012-12/31/2015 |
Y |
N/A |
|
Planning
Board Member |
Bartels,
Merton E. |
6.5 |
01/01/2011-12/31/2017 |
N |
2.00 |
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 51
(2014) RFP (request for proposal)
PHOTOGRAPHER for RECREATION PROGRAMS
RESOLVED the Town Board authorize Supervisor, Recreation Director or Councilperson Pagano to advertise for Recreation Photographer.
MOTION BY KENYON, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
NO. 3 Page 4 January 23, 2014
WEB SITE http://macedontown.net
7:45 PM PUBLIC
HEARING – SEWER DIST. NO. 1 – EXT. NO. 5
This public hearing is to hear public comment on the establishment of Sewer District No. 1 – Ext. No. 5
RESOLUTION NO. 52
(2014) WAIVE
RESOLVED the Town Board waives reading of the legal notice
published in the January 12, 2014 issue of the
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Attorney Donald Fox was present on behalf of TJJK Properties, LLC
All persons desiring to be heard, having been heard, the public hearing was closed.
RESOLUTION NO. 53
(2014) PUBLIC HEARING CLOSED
RESOLVED the Public Hearing be closed at 7:50 p.m.
MOTION BY MAUL, SECONDED BY PAGANO
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 54 (2014) MACEDON CONSOLIDATED SEWER DISTRICT #1 EXTENSION #5 TWILIGHT ON THE ERIE CAMPING GROUND – TJJK PROPERTIES, LLC SEQRA NEGATIVE DECLARATION
WHEREAS, TJJK
Properties, LLC, has submitted a written petition to the Town of
AND WHEREAS, the boundaries of the
proposed Extension #5 are further described in Attachment A, and the plan
entitled ‘Twilight on the Erie RV Resort Sanitary Sewer District Extension
Plan” prepared by AEY Engineering dated 1/2/14;
AND WHEREAS, the action under
consideration is an administrative action by the Macedon Town Board;
AND WHEREAS, the Developer has prepared
detailed site plans which have obtained all necessary approvals and permits
from the Macedon Town Planning Board, under a separate detailed SEQRA review
process:
BE IT RESOLVED, that the Macedon Town Board, 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 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 Unlisted.
5.
As an Unlisted Action, Part 1 of the short form EAF has been prepared
by the Applicant and reviewed by the Town Engineer, and Part 2 of the Short
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.
NO. 3 Page 5 January 23, 2014
WEB SITE http://macedontown.net
7.
The proposed action is located in an agricultural district.
8.
An uncoordinated Review for Unlisted actions involving a multiple
agencies 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 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 Unlisted 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;
NO. 3 Page 6 January 23, 2014
WEB SITE http://macedontown.net
(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;
(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 AYE, MCEWEN AYE,
PAGANO AYE,
NO. 3 Page 7 January 23, 2014
WEB SITE http://macedontown.net
RESOLUTION NO. 55 (2014) SEWER DIST. NO. 1 – EXT. NO. 5 ADOPTION
WHEREAS, Section 190 of the Town Law of the State of New York empowers the Town Board to authorize the extension of Town Sewer District 1, and
WHEREAS, pursuant to Section 191 of the Town Law of the State of New York, a petition, signed by resident owners of taxable real property of the proposed extension, as shown upon the latest completed assessment roll of the Town of Macedon, was presented to and filed with the Town Board, praying for the establishment of an extension to Town Sewer District 1, to be known as Town Sewer District 1 Extension 5, and
WHEREAS,
pursuant to Section 193 of the Town Law of the State of New York, the Town
Board, by Order of Public Hearing dated January 9, 2013, caused a copy of such
order, certified by the town clerk, to be duly published in the
WHEREAS, a duly noticed public hearing was held on January 23, 2014 at 32 Main Street, Village of Macedon, New York at 7:45 P.M., Eastern Standard Time, and
WHEREAS, the Town Board has given due deliberation to the hearing and the testimony and allegations presented and has determined to grant the request of said petition, and
WHEREAS, the map and plan has been approved by the Town Engineer and filed with the Town Clerk, as required by law, and
NOW, on motion of Councilperson HAMMOND, seconded by Councilperson PAGANO, all members present voting therefore, it is
FOUND, ORDERED AND DETERMINED, that the said petition, dated January 9, 2014, for the establishment of Sewer District 1 Extension 5 in the Town of Macedon, New York, is signed, approved and acknowledged, as required by law, and is otherwise sufficient and complies with the provisions of Section 191 of the Town Law; and that there is annexed to said petition a map and plan showing the boundaries of the proposed Sewer District 1 Extension 5, and it is
FOUND, ORDERED AND DETERMINED by the Town Board of the Town of Macedon that it is in the public interest to grant the relief sought by said petition, and that all of the property, property owners and interested persons benefitted are included within the limits of the proposed district or extension, and that no property or property owners of interested persons benefitted thereby have been excluded there from, and it is further
ORDERED, that the petition for establishment of Sewer District 1 Extension 5 in the Town of Macedon as described in said petition, map and plan, be granted and that the boundaries of said sewer district extension as hereby established shall be as described in “Schedule A” hereto attached, and it is further
NO. 3 Page 8 January 23, 2014
WEB SITE http://macedontown.net
ORDERED, that
pursuant to the provisions of the Town Law of the State of
year to year from the several lots and parcels of land within Sewer District 1 Extension 5 in proportion as nearly as may be to the benefit which each lot or parcel of land in said district extension will derive there from.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
Description for
The Town of
Sanitary Sewer District Extension #5
All that
tract or parcel of land situate in part of Town of
Commencing
at a point on the north eastern corner of the subject parcel, said point being
the corner of Lot 1 of the subdivision of the Lands of Thomas Maxwell (known
herein as Lot 1) and part of the current tax parcel #62112-00-055042 and being
the northwesterly corner of the lands owned by N/F Town of Macedon as tax
parcel #62112-00-254043, and a southern boundary of the State of New York Barge
Canal, thence;
Southerly
along a western boundary of
Northerly
along an eastern boundary of
Continuing westerly
along the northern boundary of
Continuing westerly
along the northern boundary of Lot 1, a bearing of N 88-41-59 W a distance of 97.15
feet to a point, said point being the northwesterly corner of Lot 1, thence;
Southerly
along the western boundary of Lot 1, a bearing of S 09-12-02 W a distance of
2979.71 feet to a point, said point being the most southwesterly point of Lot
1, thence;
NO. 3 Page 9 January 23, 2014
WEB SITE http://macedontown.net
Continuing easterly
along the southern boundary of
Northerly
along an eastern boundary of Lot 1, a bearing of N 09-07-30 E a distance of
1236.37 feet to a point, said point being the southeasterly corner of Lot 1,
thence;
Easterly
along a southern boundary of
Southerly
along a western boundary of
Easterly
along a southern boundary of
Continuing
northerly along the eastern boundary of
Said
description is intending to describe a parcel of land containing +/-100 acres
of land more or less as shown on the Twilight on the Erie RV Resort Sanitary Sewer
District Extension Map prepared by A.E.Y. Engineering, DPC dated January 2,
2014. All areas within the proposed
sanitary sewer district extension are contained within
RESOLUTION NO. 56
(2014) EXECUTIVE SESSION
RESOLVED the Town Board enter Executive Session at 7:58 p.m. to discuss the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
RESOLUTION NO. 57
(2014) OPEN SESSION
RESOLVED the Town Board enter Open Session at 9:44 p.m.
MOTION BY
ROLL CALL VOTE: KENYON AYE, MAUL AYE, MCEWEN AYE,
PAGANO AYE,
MOTION BY
_______________________
Barbara LaBrake
Macedon Deputy Town Clerk