January 12, 2017

WEB SITE http://macedontown.net

The Regular Meeting of the Town Board of the Town of Macedon held January 12, 2017 at the Town Complex, 32 Main Street, in the Town of Macedon and 59275 Overseas Highway, Marathon, FL 33050 was called to order by Supervisor Sandy Pagano at 7:30 p.m.

Pledge of Allegiance.

Upon Roll Call, the following members of the Board were

Present:

Councilperson Councilperson	Dave McEwen Dave Maul
Councilperson	Paul Kenyon
Councilperson	Bruce Babcock
Supervisor	Sandy Pagano

Absent:

Also Present:

Attorney
Chief of Police	John Colella
Highway Superintendent	Christopher Countryman
Town Clerk	Karrie Bowers
Town Engineer	Scott Allen

RESOLUTION NO. 31 (2017) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes from the December 8, 2016 (regular meeting) December 26, 2016 (special meeting) and January 5, 2017 (Organizational meeting)

MOTION BY KENYON, SECONDED BY BABOCK

ROLL CALL VOTE: MCEWEN AYE, MAUL ABSTAIN, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

Reports:

December Police Report

RESOLUTION NO. 32 (2017) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

ROUNDTABLE:

Highway department report – Chris Countryman

RESOLUTION NO. 33 (2017) CAPITAL TELCOM – TELECOMMUNICATION TOWER – SEQRA NEGATIVE DECLARATION

WHEREAS, Capital Telcom, is proposing to construct a 170 foot monopole wireless communications tower, with associated site improvements and appurtenances, located on Tax Parcel ID# 61113-00-635068,

AND WHEREAS, the Macedon Town Planning Board and Wayne County Planning Board have both reviewed the application for a Special Use Permit and have recommended that the Macedon Town Board approve such permit,

AND WHEREAS, the proposed tower will meet all requirements of the Town’s zoning ordinance, including providing accommodations to facilitate additional tenants through co-location.

AND WHEREAS, the Macedon Town Board did hold a public hearing on the application for a Special Use Permit at which members of the public offered comment, and the board has considered and weighed those comments,

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 involves permits or approvals from the Macedon Town Planning Board for a site plan approval, and the Wayne County Highway Department for issuance of a driveway curb cut permit.

4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, as well as Macedon Town Code 135-182.1-F, the action is found to have a preliminary classification of Type 1.

5. As a Type 1 action, the Long Form EAF with visual addendum 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 coordinated Review for Type 1 actions 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;

(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

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;

(d) Its irreversibility;

(e) Its geographic scope;

(f) Its magnitude; and

(g) The number of people affected.

MOTION BY BABCOCK, SECONDED BY MCEWEN

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 34 (2017) TELECOM ACQUISITION LLC/BELL ATLANTIC MOBILE LP (d/b/a Verizon Wireless) – SPECIAL USE PERMIT

BE IT RESOLVED, the Town Board hereby approves the August 23, 2016 application of Telecom Acquisition LLC / Bell Atlantic Mobile LP (d/b/a Verizon Wireless) for a special use permit for the construction of a monopole telecommunications tower at 0 Frey Road (Tax Parcel No. 61113-00-635068) subject to the applicant providing adequate buffering of the access driveway as deemed appropriate by the Town Planning Board during site plan review.

MOTION BY KENYON, SECONDED BY BABCOCK

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 35 (2017) INTEGRATED SYSTEMS – PROFESSIONAL SERVICE AGREEMENT

BE IT RESOLVED that the Chief of Police is authorized to sign a Purchase of Professional Service agreement with Integrated Systems for a 100 hour block of IT service at a cost not to exceed $7,500 to be expensed from AF3120.400.

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 36 (2017) PART-TIME HIGHWAY EMPLOYEE – DEMAY

BE IT RESOLVED the Town Board authorizes Christopher Countryman, Highway Superintendent, to hire Joshua D. DeMay as a part-time employee for help effective Monday, January 16, 2017 at a rate of $15.00/hr.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 37 (2017) VILLAGE BOND WATER MAIN PROJECT

BE IT RESOLVED, the Town Board hereby accepts the transfer of $1,697,472.11 from the Village of Macedon to be placed in a segregated account whereby said funds shall be used following Village dissolution to finance the Village's bond anticipation notes for the water main project.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 38 (2017) SLUDGE DEWATERING PRESS

BE IT RESOLVED, the Town Board hereby accepts the transfer of $126,093.75 from the Village of Macedon to be placed in a segregated account whereby said funds shall be used following Village dissolution to finance the Village's outstanding indebtedness relative to the Sludge Dewatering Press, $125,000 in principal and $1,093.75 in interest.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 39 (2017) VILLAGE OF MACEDON FIRE TRUCK

BE IT RESOLVED, the Town Board hereby accepts the transfer of $274,812.50 from the Village of Macedon to be placed in a segregated account whereby said funds shall be used following Village dissolution to finance the Village's outstanding indebtedness relative to a fire truck, $230,000 in principal and $44,812.50 in interest.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 40 (2017) VILLAGE OF MACEDON WATER SYSTEM

BE IT RESOLVED, the Town Board hereby accepts the transfer of $15,000 from the Village of Macedon to be placed in a segregated account whereby said funds shall be used following Village dissolution to finance any repairs to the former Village water system as may be necessary from April 1, 2017 to December 31, 2017.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 41 (2017) VILLAGE OF MACEDON SIDEWALKS

BE IT RESOLVED, the Town Board hereby accepts the transfer of $7,500 from the Village of Macedon to be placed in a segregated account whereby said funds shall be used following Village dissolution to finance any repairs and maintenance of the former Village sidewalks as may be necessary from April 1, 2017 to December 31, 2017.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 42 (2017) VILLAGE OF MACEDON LIGHTING

BE IT RESOLVED, the Town Board hereby accepts the transfer of $20,250 from the Village of Macedon to be placed in a segregated account whereby said funds shall be used following Village dissolution to finance the former Village lighting system as may be necessary from April 1, 2017 to December 31, 2017.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 43 (2017) VILLAGE OF MACEDON LEAF & BRUSH SERVICES

BE IT RESOLVED, the Town Board hereby accepts the transfer of $19,500 from the Village of Macedon to be placed in a segregated account whereby said funds shall be used following Village dissolution to finance leaf and brush services in the former Village from April 1, 2017 to December 31, 2017.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 44 (2017) LEASE AGREEMENT – VILLAGE OF MACEDON WATER SERVICES

RESOLVED the Town Board authorizes the Supervisor to sign the Lease Agreement between the Village of Macedon and Town of Macedon for the Village Water Services pending Attorney approval.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 45 (2017) QUAKER ROAD LANDFILL NYSERDA ENERGY STUDY

RESOLVED the Town Board authorizes the Supervisor to sign the Letter of Intent for the Quaker Road Landfill NYSERDA Energy Study subject to Attorney approval.

MOTION BY MAUL, SECONDED BY KENYON

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

ABSTRACT NO. 406 DECEMBER “A” 2016 REGULAR BILLS

2016# 20161999 - 20162185 $165,767.06

ABSTRACT NO. 407 DECEMBER “B” 2016

2017#20162186-20162190 $35,701.88

RESOLUTION NO. 46 (2017) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY KENYON, SECONDED BY BABCOCK

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO 47 (2017) VILLAGE OF MACEDON WATER AND SEWER CONVEYANCE TOWN OF MACEDON LEASE TO WCWSA - SEQRA Negative Declaration

WHEREAS, the Village of Macedon is in the process of dissolution pursuant to Article 17-A of the General Municipal Law; and

WHEREAS, the Village of Macedon has agreed to transfer its water operations to the Town of Macedon, effective January 12, 2017, and

WHEREAS, the Wayne County Water and Sewer Authority has agreed to lease the water system from the Town of Macedon in order to continue said water service to residents of the Village of Macedon, and

WHEREAS, as part of the overall agreement, water service currently provided to Village residents by the Village of Macedon will be continued by the WCWSA:

BE IT RESOLVED, that 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 involves other state 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 Short Form EAF (environmental assessment form) has been prepared by the Applicant 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. An uncoordinated review for Unlisted actions involving more than one agency has been performed, subject to 617.6 (b)(4).

9. More than one agency is involved, and the Town of Macedon is the lead agent.

10. The Town of Macedon hereby determines that the proposed action will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town hereby directs the Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

11. In reaching this finding, the Town 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 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:

(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;

13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town 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

14. In addition, the Town 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;

(d) Its irreversibility;

(e) Its geographic scope;

(f) Its magnitude; and

(g) The number of people affected.

(h)MOTION BY KENYON, SECONDED BY BABCOCK

(i)ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 48 (2017) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 8:34 p.m. to discuss litigation.

MOTION BY KENYON, SECONDED BY BABCOCK

ROLL CALL VOTE: MCEWEN AYE, MAUL AYE, KENYON AYE, BABCOCK AYE, PAGANO AYE, MOTION CARRIED

MOTION BY BABCOCK, SECONDED BY KENYON THE MEETING BE ADJOURNED AT 9:40 PM.

Karrie M. Bowers

___________________________________

Karrie M. Bowers

Macedon Town Clerk