NO. 15                                                                                                                         Page 1

May 22, 2014

WEB SITE http://macedontown.net

 

The Regular Meeting of the Town Board of the Town of Macedon held May 22, 2014 at the Town Complex, 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

Sandy Pagano

Supervisor

William Hammond

 

Absent:

Councilperson

Paul Kenyon

 

Also Present:

Attorney

Anthony Villani

Engineer

Scott Allen

Highway Superintendent

Richard Roets

Police Chief

John Colella

Town Clerk

Judy Gravino

 

RESOLUTION NO. 142 (2014) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of May 8, 2014 with the following correction:

Paul Harkness, Ambulance Director present.  (Regular Meeting)

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE  MOTION CARRIED

 

CORRESPONDENCE – The Supervisor presented the following:

Notification from DOT amending the 45 mph on Canandaigua Road between Route 31 and Quaker Road.

 

REPORTS:

Historian April Monthly Report

Macedon Police April Monthly Agenda

Macedon Police April Monthly Incident Report

Town Clerk Reports April

 

RESOLUTION NO. 143 (2014) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY PAGANO, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE  MOTION CARRIED

 

RESOLUTION NO. 144 (2014) RESIGNATION - YATES

RESOLVED the Board accepts the resignation of Sherman Yates from the Police Department effective May 1, 2014.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE  MOTION CARRIED

 

Mr. Yates has accepted the Village of Palmyra Police Chief position.  Congratulations to Chief Yates.

 

Highway Superintendent Roets stated flooding damage was minimal with the excessive rainfall.  Drainage work by the Town has helped alleviate flooding issues.

 

A discussion followed on the status of the Town/Village sewer.  Councilperson David Maul thought the two boards were close to settling, however, the last contract markup from the Village contained considerable changes.  Two residents volunteered to be on a citizen’s committee if the Town decided to form one.

 

Councilperson Paul Kenyon entered the meeting at 7:35 p.m.

 

 

 

 

 

 

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May 22, 2014

 

RESOLUTION NO. 145 (2014) HIGHWAY SALT SHED, COLD STORAGE BUILDING AND ELECTRIC UPGRADE PROJECT SEQRA NEGATIVE DECLARATION

WHEREAS, the Town of Macedon is proposing to undertake a project to construct a new Salt Storage Building, a cold storage building and upgrade the electrical service at the Highway Facility at 2067 O’Neil Road in the Town of Macedon, Wayne County NY,

 

AND WHEREAS, the parcel involved is tax ID number 62112-00-926356, totaling approximately 28.8 acres.

 

AND WHEREAS, the Town of Macedon proposes to undertake the project for the purposes of bringing the Town into greater compliance with current state and federal storm water management regulations pertaining to best management practices for salt and construction equipment storage, and to correct potential safety hazards identified with the existing electrical service to the property, and allow for connection of a future backup electrical generator,

 

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 State or Local 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 Unlisted.

 

5.      As an Unlisted action, the Long Form EAF has been prepared by the Applicant and 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 non-coordinated Review for Unlisted 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 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

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May 22, 2014

 

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;

 

(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 PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE  MOTION CARRIED

 

 

 

 

 

 

 

 

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May 22, 2014

 

 

RESOLUTION NO. 146 (2014) BOND RESOLUTION DATED MAY 22, 2014 OF THE TOWN

BOARD OF THE TOWN OF MACEDON, NEW YORK, AUTHORIZING GENERAL

OBLIGATION SERIAL BONDS TO FINANCE CERTAIN CAPITAL IMPROVEMENTS

CONSISTING OF CONSTRUCTION OF BUILDINGS, AUTHORIZING THE ISSUANCE OF

BOND ANTICIPATION NOTES IN CONTEMPLATION THEREOF, THE EXPENDITURE OF

SUMS FOR SUCH PURPOSE, AND DETERMINING OTHER MATTERS IN CONNECTION

THEREWITH.

 

          WHEREAS, the Town has duly complied with the requirements of the State Environmental Quality Review Act of the State of New York and the applicable regulations thereunder (“SEQRA”) with respect to the purpose hereinafter described and the financing therefor and issued a negative declaration under SEQRA, dated May 22, 2014; now therefor, be it

 

            RESOLVED BY THE TOWN BOARD OF THE TOWN OF MACEDON, NEW YORK (hereinafter referred to as the “Town”), by the favorable vote of not less than two-thirds of all of the members of such Board, as follows:

 

            Section 1.         The Town of Macedon shall undertake certain capital improvements consisting of the construction of buildings, to include a Highway Salt Shed and a Cold Storage Barn, various site and other incidental improvements in connection therewith and the acquisition of original furnishings, equipment, machinery or apparatus that may be required in connection therewith for such construction and Town use  (hereinafter referred to as “purpose”), and general obligation serial bonds in an aggregate principal amount not to exceed $1,093,250 and bond anticipation notes in anticipation thereof (and renewals thereof) of the Town are hereby authorized to be issued to finance said purpose.

 

            Section 2.         The estimated maximum aggregate cost of said purpose, which may include preliminary costs and costs incidental thereto and costs of the financing thereof, is estimated to be $1,093,250 and said amount is hereby appropriated therefor.  The plan for financing of said purpose is to provide all of such maximum cost by issuance of obligations as herein authorized.

 

            Section 3.         It is hereby determined and declared that (a) such buildings shall be class “C” buildings as defined in Subdivision 11 of Paragraph a of Section 11.00 of the Local Finance Law, and said purpose is one of the class of objects or purposes described in Subdivision 11 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is fifteen (15) years, (b) the proposed maximum maturity of said bonds authorized by this resolution will be in excess of five years, (c) current funds required to be provided prior to the issuance of the bonds or notes herein authorized, pursuant to Section 107.00 of the Local Finance Law, to the extent applicable, if any, will be provided, (d) the notes herein authorized are not issued in anticipation of bonds for an assessable improvement, and (e) there are presently no outstanding bond anticipation notes issued in anticipation of the sale of said bonds.

 

            Section 4.         The bonds and notes authorized by this resolution shall contain the recital of validity prescribed in Section 52.00 of the Local Finance Law and such bonds and notes shall be general obligations of the Town and all the taxable real property in the Town is subject to the levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount, subject to applicable statutory limitations, if any, sufficient to pay the principal of and interest on said bonds and notes.

 

            Section 5.         It is hereby determined and declared that the Town reasonably expects to reimburse the general fund, or such other fund as may be utilized, not to exceed the maximum amount authorized herein, from the proceeds of the obligations authorized hereby for expenditures, if any, from such fund that may be made for the purpose prior to the date of the issuance of such obligations.  This is a declaration of official intent under Treasury Regulation §1.150-2.

 

            Section 6.         The power to further authorize the sale, issuance and delivery of said bonds and notes and to prescribe the terms, form and contents of said bonds and notes, including, without limitation, the consolidation with other issues, the determination to issue bonds with substantially level or declining annual debt service, all contracts for, and determinations with respect to, credit or liquidity enhancements, if any, and to sell and deliver said bonds and notes, subject to the provisions of this resolution and the provisions of the Local Finance Law, including without limitation, the authority to determine whether to accept bids electronically to the extent allowed by Section 58.00 of the Local Finance Law, is hereby delegated to the Town Supervisor, the Town’s chief fiscal officer.  The Town Supervisor and the Town Clerk or Deputy Clerk are hereby authorized to sign by manual or facsimile signature and attest any bonds and notes issued pursuant to this resolution, and are hereby authorized to affix to such bonds and notes the corporate seal of the Town of Macedon.

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May 22, 2014

 

            Section 7.         The faith and credit of the Town of Macedon, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds and notes as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year.

 

            Section 8.         After compliance with Section 9 hereof, this resolution shall be published in full by the Town Clerk of the Town of Macedon together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law, and such publication shall be in each official newspaper of the Town, in the manner prescribed by law.  The validity of said bonds and bond anticipation notes issued in anticipation of the sale of said serial bonds, may be contested only if such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or the provisions of law which should be complied with, at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution.

 

            Section 9.         This resolution is subject to a permissive referendum of the qualified electors of the Town of Macedon, pursuant to Section 35.00 of the Local Finance Law.

MOTION BY HAMMOND, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE  MOTION CARRIED

 

Town Engineer Scott Allen entered the meeting at 7:45 p.m.

 

RESOLUTION NO. 147 (2014)  NOTICE PURSUANT TO LOCAL FINANCE LAW SECTION 35.00

RESOLVED the Town Board approve the form of notice for publication and posting as presented by bond counsel. 

MOTION BY MCEWEN, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE  MOTION CARRIED

NOTICE PURSUANT TO LOCAL FINANCE LAW SECTION 35.00

 

          NOTICE IS HEREBY GIVEN THAT the Town Board of the Town of Macedon, New York (hereinafter referred to as the “Town”), by the favorable vote of not less than two-thirds of all of the members of such Board has, on May 22, 2014, adopted, pursuant to the Local Finance Law of the State of New York, a bond resolution stating that:

 

          WHEREAS, the Town has duly complied with the requirements of the State Environmental Quality Review Act of the State of New York and the applicable regulations thereunder (“SEQRA”) with respect to the purpose hereinafter described and the financing therefor and issued a negative declaration under SEQRA, dated May 22, 2014; now therefor, be it

 

          RESOLVED BY THE TOWN BOARD OF THE TOWN OF MACEDON, NEW YORK, (hereinafter referred to as the “Town”), by the favorable vote of not less than two-thirds of all of the members of such Board, as follows: 

 

1.       capital improvements consisting of the construction of buildings to include a Highway Salt Shed and a Cold Storage Barn, various site and other incidental improvements in connection therewith and the acquisition of original furnishings, equipment, machinery or apparatus that may be required in connection therewith for such construction and Town use (hereinafter referred to as “purpose”), are authorized and general obligation serial bonds in an aggregate principal amount up to $1,093,250 and bond anticipation notes in anticipation thereof (and renewals thereof) of the Town are authorized to be issued to finance said purpose; and

 

          2.       the maximum aggregate cost to the Town is estimated to be $1,093,250 for said purpose and said amount is appropriated therefor and the plan for financing of said purpose is to provide all of such maximum cost by issuance of serial bonds and bond anticipation notes as authorized; and

 

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May 22, 2014

 

          3.       (a) such buildings shall be class “C” buildings as defined in Subdivision 11 of Paragraph a of Section 11.00 of the Local Finance Law, and said purpose is one of the class of objects or purposes described in Subdivision 11 of Paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is fifteen (15) years, (b) the proposed maximum maturity of said bonds authorized by the resolution will be in excess of five years, (c) current funds required to be provided prior to the issuance of the bonds or notes authorized, pursuant to Section 107.00 of the Local Finance Law, to the extent applicable, if any, will be provided, (d) the notes authorized are not issued in anticipation of bonds for an assessable improvement, and (e) there are presently no outstanding bond anticipation notes issued in anticipation of the sale of said bonds; and

 

          4.       the bonds and notes authorized by the resolution shall contain the recital of validity prescribed in Section 52.00 of the Local Finance Law and such bonds and notes shall be general obligations of the Town and all the taxable real property in the Town is subject to the levy of all the taxable real property in the Town is subject to the levy of ad valorem taxes to pay the principal thereof, and interest thereon, without limitation as to rate or amount, subject to applicable statutory limitations, if any, sufficient to pay the principal of and interest on said bonds and notes; and

 

          5.       the Town reasonably expects to reimburse the general fund, or such other fund as may be utilized, from the proceeds of the obligations authorized for expenditures, if any, from such fund that may be made for the purpose prior to the date of the issuance of such obligations, and such is a declaration of official intent under Treasury Regulation §1.150-2; and

 

          6.       the power to further authorize the issuance of said bonds and bond anticipation notes and to prescribe the terms, form and contents of said bonds and bond anticipation notes, including, without limitation, the consolidation with other issues, the determination to issue bonds with substantially level or declining annual debt service, all contracts for and determinations with respect to, credit and liquidity enhancements, if any, and to sell and deliver said bonds and bond anticipation notes subject to the provisions of the resolution and the provisions of the Local Finance Law, including without limitation, the authority to determine whether to accept bids electronically to the extent allowed by Section 58.00 of the Local Finance Law, is delegated to the Town Supervisor, the Town’s chief financial officer, the Town Supervisor and the Town Clerk are authorized to sign by manual or facsimile signature any bonds and bond anticipation notes issued pursuant to the resolution, and are authorized to affix to such bonds and bond anticipation notes the corporate seal of the Town of Macedon and to attest the same; and

 

          7.       the faith and credit of the Town of Macedon, New York, are irrevocably pledged for the payment of the principal of and interest on such bonds and bond anticipation notes as the same respectively become due and payable, and an annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year; and

 

         

 

 

 

 

 

 

 

 

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May 22, 2014

 

8.       after compliance with the next paragraph hereof, the resolution shall be published in full by the Town Clerk of the Town of Macedon together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law, and such publication shall be in each official newspaper of the Town, in the manner prescribed by law, and  the validity of said bonds and bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or the provisions of law which should be complied with, at the date of publication of the resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or if said obligations are authorized in violation of the provisions of the Constitution.

 

          9.       Such bond resolution is subject to a permissive referendum of the qualified electors of the Town of Macedon pursuant to Section 35.00 of the Local Finance Law and petitions protesting and requesting that it be submitted to the electors of the Town of Macedon for their approval or disapproval, may be filed with the Town Clerk at any time within thirty (30) days after the date of the adoption of such resolution.

 

          By order of the Town Board of the Town of Macedon, New York.

 

DATED:        May 22, 2014

 

                                                                                                                            

                                                                      Judy W. Gravino, Town Clerk

                                                                      Town of Macedon, New York

 

Attorney David Fulvio enteded the meeting at 8:10 p.m.

 

Bob Cantwell, BME Associates presented the Four Points Land Development final TPD Phase 1 project to include 24 single family lots and a dedicated road.  This is the first of three phases.  Planning Board has given final approval of the first phase.  A letter of credit will be submitted to include public improvements.

 

Attorney David Fulvio entered the meeting at 8:10 p.m.

 

 

RESOLUTION NO. 148 (2014) FOUR POINTS LAND DEVELOPMENT, LLC CAPITAL HILL TPD PROJECT SEQRA NEGATIVE DECLARATION

 

WHEREAS, Four Points Land Development LLC, has applied to the Town of Macedon for approval to construct a mixed use project at Wayneport Road and Carlson Lane utilizing TPD – Totally Planned Development zoning;

 

AND WHEREAS, the project will incorporate a multi-phased project which includes a mix of single family, town homes, apartments and professional office space;

 

AND WHEREAS, the Macedon Town Board declared its intent to act as lead agency for the project on August 8, 2013;

 

AND WHEREAS, the Macedon Town Planning Board reviewed the project at their August 12, 2013 meeting and made a positive recommendation to the Town Board relative to the overall conceptual TPD rezoning;

 

AND WHEREAS, the Macedon Town Board held a public hearing on September 12, 2013 to hear any and all comment relative to the project proposal;

 

AND WHEREAS, the Wayne County Planning Board reviewed the project at their September 25, 2013 meeting and made recommendation to the Town Board, with comments per their September 27, 2013 letter;

 

BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

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May 22, 2014

 

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 has been performed involving the NYSDEC,

      NYSDOH, Wayne County Highway and Wayne County Water and Sewer Authority.

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 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,

 

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May 22, 2014

 

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 KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 149 (2014) FOUR POINTS LAND DEVELOPMENT, LLC CAPITAL HILL – WAYNEPORT ROAD FINAL TPD AND PHASE 1 APPROVAL

 

Whereas, Four Points Land Development, LLC made application to the Town of Macedon to obtain approvals to enable the construction and operation of a mixed use project pursuant to Article 14 (TPD) of the Town Code at Carlson Lane and Wayneport Road,

 

And Whereas, the Wayne County Planning Board reviewed the application at their regular meeting on September 25, 2013, and recommended approval of the project subject to several comments as outlined in a letter dated September 27, 2013,

 

And Whereas, the Town of Macedon Planning reviewed the proposal at its regular meetings on 8/12/13 and 10/14/13 and has offered a positive referral relative to the project,

 

And Whereas, the Macedon Town Board did hold a public hearing on the proposed project on 9/12/13 to obtain public comment,

 

And Whereas, the Macedon Town Board did consider the Town and County Planning Boards’ and public comments and recommendations relative to the Conceptual Site Plan layout, and incorporated those comments as appropriate,

 

And Whereas, the Macedon Town Board did conditionally rezone the project to TPD zoning on October 24, 2013, subject to final review and approval pursuant to section 135-105,

 

And Whereas, the Macedon Planning Board has subsequently reviewed the detailed final site plans for the first phase of the project involving construction of 24 single family homes,

 

And Whereas, the Macedon Planning Board has recommended final approval of Phase 1 as previously described,

 

And Whereas, the Macedon Town Board recognizes that this project is a staged project as described in section 135-106, which will take multiple years to develop,

 

And Whereas, the Macedon Town Board determines that each phase of the project as proposed would individually be an asset to the Town of Macedon with its own integrity, even if for any reason future phases were not completed in a timely manner,

 

Now Therefore be it Resolved, that pursuant to 135-105-B-(2)-(a),  the Macedon Town Board hereby formally establishes the TPD Zoning District as proposed, and authorizes the Town Clerk to file the related pending Local Law amending the zoning map, subject to Town Attorney and Engineering review and the following conditions:

 

  1. The Applicant shall process the necessary sewer district extension for the project prior to final plan signatures.

 

  1. The Applicant shall post appropriate bonds and assurances for all work to be dedicated to the Town as recommended by the Town Engineer.

 

  1. The Applicant shall provide all necessary easements prior to final plan signatures.

 

  1. The Applicant shall obtain all final outside agency approvals in writing prior to final plan signatures.

 

 

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  1. The Town reserves the right to review impacts on traffic flow for future phases including the potential need to loop Carlson Lane and/or improve the north-south drive at Tractor Supply to a dedicated street based on specific development conditions of future phases.

 

  1. The Town Board reserves the right to review and approval any future phases, including any proposals that deviate from the proposed overall concept plan.

 

And be it Further Resolved, that the Macedon Town Board hereby approves the first phase of the project to construct 24 single family homes as recommended by the Planning Board, subject to the same conditions as listed above.

MOTION BY KENYON, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

The Memorial Day Parade will be held Monday, May 26 at 11:00 a.m. in Macedon Center.

 

Discussion followed on the cost of fuel and the option to purchase gas with fuel cards at state bid pricing.  Chief John Colella suggested the card system would save a substantial amount in his budget eliminating the $.18/gallon surcharge paid to Gananda.  Police would save approximately $10,000 and Highway $30,000 annually.

 

RESOLUTION NO. 150 (2014) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 9:02 p.m. to discuss discuss proposed, pending or current litigation.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 151 (2014) OPEN SESSION

RESOLVED the Board return to Open Session at 9:30 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

RESOLUTION NO. 152 (2014) DOG CENSUS

RESOLVED the Town Clerk be authorized to complete the dog census.

MOTION BY PAGANO, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

 

MOTION BY PAGANO, SECONDED BY HAMMOND THE MEETING BE ADJOURNED AT 9:41 PM.

 

________________________________

Judy W. Gravino, RMC

Macedon Town Clerk