NO

July 27, 2017

The Regular Meeting of the Town Board of the Town of Macedon held July 27, 2017 at the Town Complex, 32 Main Street, in the Town of Macedon 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	Dave Maul
Councilperson	Paul Kenyon
Supervisor	Sandy Pagano

Absent:

Councilperson	David McEwen
Councilperson	Bruce Babcock

Also Present:

Attorney	Anthony Villani
Highway Superintendent	Christopher Countryman
Town Clerk	Karrie Bowers

Abby Parluliski will lead the Pledge

*Brief description of her silver project for Girl Scouts to the Board and residents

RESOLUTION NO. 186 (2017) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes from the July 13, 2017 (regular meeting)

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 187 (2017) PERSONNEL – WITHERELL

RESOLVED Jenniffer Witherell is appointed to Deputy Town Clerk effective July 31, 2017 at a rate of pay of $31,000 prorated.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 188 (2017) GRAVINO PARK LWRP IMPLEMENTATION PHASE - SEQRA NEGATIVE DECLARATION

WHEREAS, the Town of Macedon, is applying for a grant which would enable the improvement of Gravino Park consistent with the adopted LWRP Plan previously adopted by the Village of Macedon and approved by New York State,

AND WHEREAS, the proposed action will link the NYS Erie Canal Path, Gravino Park and Ganargua Creek via interconnecting trails and walkways, in addition to other improvements and upgrades within Gravino Park which address ADA and Health Department Compliance, safety and functionality issues,

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 the Town of Macedon, NYSDOT, and the NYS LWRP program.

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 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 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 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 KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

7:45 PM PUBLIC HEARING – HAMLET OF MACEDON SIDEWALK DISTRICT

Public Hearing to consider the establishment of the Hamlet of Macedon Sidewalk District.

RESOLUTION NO. 189 (2017) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the July 16, 2017 issue of the Times

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

*A resident expressed a concern as to when the Town would start collecting for the districts? The Board stated that the funds that were from the Village of Macedon will be put into the different districts however until the Budget is completed the Board was not able to provide amounts. All person are welcome to come to the Budget sessions.

All persons desiring to be heard, having been heard, the public hearing was closed

RESOLUTION NO. 190 (2017) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:04pm

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

ESTALISHMENT OF HAMLET OF MACEDON SIDEWALK DISTRICT – SEQRA NEGATIVE DECLARATION

WHEREAS, on March 15, 2016, the voters of the Village of Macedon elected to approve the Village’s Plan for Dissolution, which required the Village to dissolve on or before April 1, 2017; and

WHEREAS, the Town Board desires to establish a sidewalk district, known as the “Hamlet of Macedon Sidewalk District”, to continue providing and administering the sidewalk system to the residents located in certain areas of the former Village of Macedon; and

WHEREAS, the Town Board has obtained a map and plan depicting the proposed District, a copy of which is on file and available for review at the Town Clerk’s Office during regular business hours; and

WHEREAS, no additional improvements are anticipated for the creation of the District;

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

15. The proposed action is subject to the State Environmental Quality Review Act.

16. The proposed action does not involve a Federal agency.

17. The proposed action does not involve any other agencies.

18. 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.

19. As an Unlisted action, the Short Form EAF has been prepared by the Town Engineer to determine the significance of the proposed action.

20. The proposed action is not located in a coastal area.

21. The proposed action is not located in an agricultural district.

22. A non-coordinated Review for Unlisted actions involving a single agency has been performed.

23. The Macedon Town Board is the lead agent.

24. 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.

25. 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.

26. 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:

(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;

27. 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;

(d) Included in any long range plan of which the action under consideration is a part;

(e) Likely to be undertaken as a result thereof, or

(f) Dependent thereon.

28. 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:

(h) Its setting (e.g., urban or rural);

(i) Its probability of occurrence;

(j) Its duration;

(k) Its irreversibility;

(l) Its geographic scope;

(m) Its magnitude; and

(n) The number of people affected.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

NOTICE OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM

Notice is hereby given that at a duly scheduled meeting of the Town Board of the Town of Macedon, Wayne County, New York, duly held at the Macedon Town Hall, located at 32 West Main Street, Macedon, New York, on the 27th day of July, 2017 at 7:45P.M., the Town Board of the Town of Macedon, duly adopted the following resolution pursuant to Town Law '209-e, which is subject to a permissive referendum.

RESOLUTION NO. 192 (2017) ESTABLISHING HAMLET OF MACEDON SIDEWALK DISTRICT

WHEREAS, on March 15, 2016, the voters of the Village of Macedon elected to approve the Village’s Plan for Dissolution, which required the Village to dissolve on or before April 1, 2017; and

WHEREAS, the Town Board desires to establish a sidewalk district, known as the “Hamlet of Macedon Sidewalk District” (hereinafter the “District”), to continue providing and administering sidewalk service to the residents located within the an area of the former Village of Macedon, as depicted and described on the map and plan received by the Town Board showing the same; and

WHEREAS, the Town Board has obtained a map and plan prepared by a competent engineer, duly licensed by the State of New York, depicting the proposed District, a copy of which has been filed with the Town Clerk and made available for public inspection; and

WHEREAS, at its regular meeting on July 13, 2017, the Town Board duly adopted an Order of Public Hearing, setting forth the maximum to expended annually for operation and maintenance of the district and the anticipated cost to the typical benefitted property therein, a copy of which was published in the official Town newspaper and posted on the Town sign board; and

WHEREAS, this Town Board did meet and hold a public hearing on July 27, 2017 at 7:45 p.m. at the Macedon Town Hall, as provided in said order to consider the creation of the Hamlet of Macedon Sidewalk District, which shall include all parcels of land currently within the incorporated limits of the Village of Macedon; and

NOW, THEREFORE, upon all the evidence given at such public hearing and due deliberation having been had,

BE IT RESOLVED, that pursuant to Article 12-A of the Town Law of the State of New York, it is hereby determined that it is in the public interest to create the sidewalk district proposed in the order of public hearing, and there hereby is established a sidewalk district within the Town of Macedon of Wayne County, New York, to be known as the “Hamlet of Macedon Sidewalk District” and located within the area formerly comprising the Village of Macedon; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that the Order of Public Hearing was duly adopted by the Town Board on July 13, 2017, was published and posted as required by law, and is otherwise sufficient; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners within the proposed district are benefited thereby; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners benefited are included within the limits of the proposed district; and

BE IT FURTHER RESOLVED, this resolution is adopted subject to a permissive referendum, pursuant to Town Law '206-e, by the qualified voters of the District to be formed; and

BE IT FURTHER RESOLVED, the Town Clerk shall publish and advertise this resolution as subject to permissive referendum in the manner prescribed the New York State Law; and

BE IT FURTHER RESOLVED, if no such petition for permissive referendum is filed with the Town Clerk within the period prescribed by law, the Town Clerk shall file a certificate stating such fact in the office of the County Clerk.

BY ORDER OF THE TOWN BOARD

TOWN OF MACEDON

Karrie Bowers, Town Clerk

Dated: 7/27/2017

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

8:10 PM PUBLIC HEARING – HAMLET OF MACEDON LIGHTING DISTRICT

Public Hearing to consider the establishment of the Hamlet of Macedon Lighting District.

RESOLUTION NO. 193 (2017) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the July 16, 2017 issue of the Times

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

All persons desiring to be heard, having heard known, the public hearing was closed

RESOLUTION NO. 194 (2017) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:13pm

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 195 (2017) ESTABLISHMENT OF HAMLET OF MACEDON LIGHTING DISTRICT – SEQRA NEGATIVE DECLARATION

WHEREAS, on March 15, 2016, the voters of the Village of Macedon elected to approve the Village’s Plan for Dissolution, which required the Village to dissolve on or before April 1, 2017; and

WHEREAS, the Town Board desires to establish a lighting district, known as the “Hamlet of Macedon Lighting District”, to continue providing and administering the street lighting system to the residents of the former Village of Macedon; and

WHEREAS, no additional improvements are anticipated for the creation of the District;

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

29. The proposed action is subject to the State Environmental Quality Review Act.

30. The proposed action does not involve a Federal agency.

31. The proposed action does not involve any other agencies.

32. 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.

33. As an Unlisted action, the Short Form EAF has been prepared by the Town Engineer to determine the significance of the proposed action.

34. The proposed action is not located in a coastal area.

35. The proposed action is not located in an agricultural district.

36. A non-coordinated Review for Unlisted actions involving a single agency has been performed.

37. The Macedon Town Board is the lead agent.

38. 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.

39. 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.

40. 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:

(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;

41. 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;

(g) Included in any long range plan of which the action under consideration is a part;

(h) Likely to be undertaken as a result thereof, or

(i) Dependent thereon.

42. 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:

(o) Its setting (e.g., urban or rural);

(p) Its probability of occurrence;

(q) Its duration;

(r) Its irreversibility;

(s) Its geographic scope;

(t) Its magnitude; and

(u) The number of people affected.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

NOTICE OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM

Notice is hereby given that at a duly scheduled meeting of the Town Board of the Town of Macedon, Wayne County, New York, duly held at the Macedon Town Hall, located at 32 West Main Street, Macedon, New York, on the 27th day of July, 2017 at 8:10P.M., the Town Board of the Town of Macedon, duly adopted the following resolution pursuant to Town Law '209-e, which is subject to a permissive referendum.

RESOLUTION NO. 197 (2017) ESTABLISHING HAMLET OF MACEDON LIGHTING DISTRICT

WHEREAS, on March 15, 2016, the voters of the Village of Macedon elected to approve the Village’s Plan for Dissolution, which required the Village to dissolve on or before April 1, 2017; and

WHEREAS, the Town Board desires to establish a lighting district, known as the “Hamlet of Macedon Lighting District” (hereinafter the “District”), to continue providing and administering lighting service to the residents located within the area formerly comprising the Village of Macedon; and

WHEREAS, this Town Board did meet and hold a public hearing on July 27, 2017 at 8:10 p.m. at the Macedon Town Hall, as provided in said order to consider the creation of the Hamlet of Macedon Lighting District, which shall include all parcels of land currently within the incorporated limits of the Village of Macedon; and

NOW, THEREFORE, upon all the evidence given at such public hearing and due deliberation having been had,

BE IT RESOLVED, that pursuant to Article 12-A of the Town Law of the State of New York, it is hereby determined that it is in the public interest to create the lighting district proposed in the order of public hearing, and there hereby is established a lighting district within the Town of Macedon of Wayne County, New York, to be known as the “Hamlet of Macedon Lighting District” and located within the area formerly comprising the Village of Macedon; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners within the proposed district are benefited thereby; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners benefited are included within the limits of the proposed district; and

BE IT FURTHER RESOLVED, this resolution is adopted subject to a permissive referendum, pursuant to Town Law '206-e, by the qualified voters of the District to be formed; and

BE IT FURTHER RESOLVED, the Town Clerk shall publish and advertise this resolution as subject to permissive referendum in the manner prescribed the New York State Law; and

BY ORDER OF THE TOWN BOARD

TOWN OF MACEDON

Karrie Bowers, Town Clerk

Dated: 7/27/17

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

8:20 PM PUBLIC HEARING – HAMLET OF MACEDON DRAINAGE DISTRICT

Public Hearing to consider the establishment of the Hamlet of Macedon Drainage District.

RESOLUTION NO. 198 (2017) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the July 16, 2017 issue of the Times

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

*Resident expressed concern regarding

All persons desiring to be heard, having been heard, the public hearing was closed

RESOLULTION NO. 199 (2017) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:37pm

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 200 (2017) ESTABLISHMENT OF HAMLET OF MACEDON DRAINAGE DISTRICT – SEQRA NEGATIVE DECLARATION

WHEREAS, on March 15, 2016, the voters of the Village of Macedon elected to approve the Village’s Plan for Dissolution, which required the Village to dissolve on or before April 1, 2017; and

WHEREAS, the Town Board desires to establish a drainage district, known as the “Hamlet of Macedon Drainage District”, to provide drainage system maintenance in areas outside the road right of way to the residents of the former Village of Macedon; and

WHEREAS, no additional improvements are anticipated for the creation of the District;

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

43. The proposed action is subject to the State Environmental Quality Review Act.

44. The proposed action does not involve a Federal agency.

45. The proposed action does not involve any other agencies.

46. 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.

47. As an Unlisted action, the Short Form EAF has been prepared by the Town Engineer to determine the significance of the proposed action.

48. The proposed action is not located in a coastal area.

49. The proposed action is not located in an agricultural district.

50. A non-coordinated Review for Unlisted actions involving a single agency has been performed.

51. The Macedon Town Board is the lead agent.

52. 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.

53. 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.

54. 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:

(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;

55. 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;

(j) Included in any long range plan of which the action under consideration is a part;

(k) Likely to be undertaken as a result thereof, or

(l) Dependent thereon.

56. 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:

(v) Its setting (e.g., urban or rural);

(w) Its probability of occurrence;

(x) Its duration;

(y) Its irreversibility;

(z) Its geographic scope;

(aa) Its magnitude; and

(bb)The number of people affected.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

NOTICE OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM

Notice is hereby given that at a duly scheduled meeting of the Town Board of the Town of Macedon, Wayne County, New York, duly held at the Macedon Town Hall, located at 32 West Main Street, Macedon, New York, on the 27th day of July, 2017 at 8:20 P.M., the Town Board of the Town of Macedon, duly adopted the following resolution pursuant to Town Law '209-e, which is subject to a permissive referendum.

RESOLUTION NO. 201 (2017) ESTABLISHING HAMLET OF MACEDON DRAINAGE DISTRICT

WHEREAS, on March 15, 2016, the voters of the Village of Macedon elected to approve the Village’s Plan for Dissolution, which required the Village to dissolve on or before April 1, 2017; and

WHEREAS, the Town Board desires to establish a drainage district, known as the “Hamlet of Macedon Drainage District” (hereinafter the “District”), to continue providing and administering drainage services to the residents located within the area formerly comprising the Village of Macedon; and

WHEREAS, this Town Board did meet and hold a public hearing on July 27, 2017 at 8:20p.m. at the Macedon Town Hall, as provided in said order to consider the creation of the Hamlet of Macedon Drainage District, which shall include all parcels of land currently within the incorporated limits of the Village of Macedon; and

NOW, THEREFORE, upon all the evidence given at such public hearing and due deliberation having been had,

BE IT RESOLVED, that pursuant to Article 12-A of the Town Law of the State of New York, it is hereby determined that it is in the public interest to create the drainage district proposed in the order of public hearing, and there hereby is established a drainage district within the Town of Macedon of Wayne County, New York, to be known as the “Hamlet of Macedon Drainage District” and located within the area formerly comprising the Village of Macedon; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners within the proposed district are benefited thereby; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners benefited are included within the limits of the proposed district; and

BE IT FURTHER RESOLVED, this resolution is adopted subject to a permissive referendum, pursuant to Town Law '206-e, by the qualified voters of the District to be formed; and

BE IT FURTHER RESOLVED, the Town Clerk shall publish and advertise this resolution as subject to permissive referendum in the manner prescribed the New York State Law; and

BY ORDER OF THE TOWN BOARD

TOWN OF MACEDON

Karrie Bowers, Town Clerk

Dated:

MOTION BY KENYON, SECONDED BY MAUL

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

8:39 PM PUBLIC HEARING – HAMLET OF MACEDON LEAF & BRUSH DISTRICT

Public Hearing to consider the establishment of the Hamlet of Macedon Leaf & Brush District.

RESOLUTION NO. 202 (2017) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the July 16, 2017 issue of the Times

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO ABSENT, MOTION CARRIED

All persons desiring to be heard, having been known, the public hearing was closed

RESOLUTIO NO. 203 (2017) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:45pm

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO ABSENT, MOTION CARRIED

NOTICE OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM

Notice is hereby given that at a duly scheduled meeting of the Town Board of the Town of Macedon, Wayne County, New York, duly held at the Macedon Town Hall, located at 32 West Main Street, Macedon, New York, on the 27th day of July, 2017 at xx P.M., the Town Board of the Town of Macedon, duly adopted the following resolution pursuant to Town Law '209-e, which is subject to a permissive referendum.

RESOLUTION NO. 204 (2017) ESTABLISHING HAMLET OF MACEDON LEAF AND BRUSH DISTRICT

WHEREAS, on March 15, 2016, the voters of the Village of Macedon elected to approve the Village’s Plan for Dissolution, which required the Village to dissolve on or before April 1, 2017; and

WHEREAS, the Town Board desires to establish a leaf and brush district, known as the “Hamlet of Macedon Leaf and Brush District” (hereinafter the “District”), to continue providing and administering leaf and brush disposal service to the residents located within the area formerly comprising the Village of Macedon; and

WHEREAS, this Town Board did meet and hold a public hearing on July 27, 2017 at 8:39 p.m. at the Macedon Town Hall, as provided in said order to consider the creation of the Hamlet of Macedon Leaf and Brush District, which shall include all parcels of land currently within the incorporated limits of the Village of Macedon; and

NOW, THEREFORE, upon all the evidence given at such public hearing and due deliberation having been had,

BE IT RESOLVED, that pursuant to Article 12-A of the Town Law of the State of New York, it is hereby determined that it is in the public interest to create the leaf and brush district proposed in the order of public hearing, and there hereby is established a leaf and brush district within the Town of Macedon of Wayne County, New York, to be known as the “Hamlet of Macedon Leaf and Brush District” and located within the area formerly comprising the Village of Macedon; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners within the proposed district are benefited thereby; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners benefited are included within the limits of the proposed district; and

BE IT FURTHER RESOLVED, this resolution is adopted subject to a permissive referendum, pursuant to Town Law '206-e, by the qualified voters of the District to be formed; and

BE IT FURTHER RESOLVED, the Town Clerk shall publish and advertise this resolution as subject to permissive referendum in the manner prescribed the New York State Law; and

BY ORDER OF THE TOWN BOARD

TOWN OF MACEDON

Karrie Bowers, Town Clerk

Dated:

MOTION BY KENYON, SECONDED BY MAUL

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

RESOLUTION NO. 205 (2017) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 9:01 pm to discuss personnel.

MOTION BY MAUL, SECONDED BY KENYON

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

RESOLUTIO NO. 206 (2017) RESIGNATION – DEPAUW

RESOLVED the Town Board accepts the resignation of Sandra DePauw, Account Clerk effective 7/24/17.

MOTION BY KENYON, SECONDED BY MAUL

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

ABSTRACT NO.439 July (F) 2017 Early Bills

2017 #20176219-20176218 $512.30

ABSTRACT NO. 440 July (G) 2017 Regular Bills

2017 #20176220-20176302 $514,393.76

Total Bills $514,906.06

RESOLUTION NO. 207 (2017) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY KENYON, SECONDED BY MAUL

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

RESOLUTION NO. 208 (2017) WILLIAMSON LAW BOOK COMPANY MUNICIPAL ACCOUNTING AND PAYROLL CONTRACT

RESOLVED the Board authorizes the Supervisor to purchase Williamson Law Book Company to purchase Williamson Law Municipal Accounting and Payroll contract to be expensed from A3120.400.

MOTION BY KENYON, SECONDED BY MAUL

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

RESOLUTION NO. 209 (2017) NOTICE OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM

Notice is hereby given that at a duly scheduled meeting of the Town Board of the Town of Macedon, Wayne County, New York, duly held at the Macedon Town Hall, located at 32 West Main Street, Macedon, New York, on the 27th day of July, 2017, at 7:30 P.M., the Town Board of the Town of Macedon duly adopted the following resolution pursuant to Section 220 of the New York State Town Law, which is subject to a permissive referendum:

WHEREAS, the County of Wayne has offered to convey its interest in 106 Main Street, Macedon, New York (hereinafter "property") to the Town of Macedon; and

WHEREAS, the Town of Macedon anticipates utilizing the property for one or more of the purposes set forth in Section 220 of the New York State Town Law; and

BE IT RESOLVED, the Town hereby accepts the conveyance of 106 Main Street, Macedon, New York from the County of Wayne; and

BE IT FURTHER RESOLVED, the Town Supervisor is authorized to execute any documentation necessary to effectuate said conveyance and acquisition, subject to attorney approval; and

BE IT FURTHER RESOLVED, this resolution is subject to permissive referendum and the Town Clerk shall publish and advertise this resolution as such in the manner prescribed under New York State Law.

MOTION BY KENYON, SECONDED BY MAUL

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

RESOLUTION NO. 210 (2017) FEE SCHEDULE AMENDED

RESOLVED the Town Board amend the Fee Schedule as follows:

80. Solar Energy System Fees:

A. Solar Special Use Permit Application

Town Board Review:

SUP Application Fee: $200.00

Public Hearing Sign Fee: $25.00

Planning Board Review:

Application Fee: $75.00

Engineering Review Fee: $250.00

Public Hearing Sign Fee: $25.00

At the Town Board’s discretion, outside professional engineering, planning, and/or legal services may be contracted to assist the Town in its review of the application. The project Applicant shall be responsible for reimbursement of all fees relative to the application submitted.

Annual Special Use Permit Renewal Application: $20.00

Annual Special Use Permit Renewal Fee: $100.00

B. Solar Building Permit Fees for Accessory Use:

Solar Installed as part of initial construction of structure: No additional fee

Building Permit (added to existing structure): $40.00 fee

Escrow: $100.00 escrow

C. Solar Building Permit Fees for Primary Use:

Primary Use Building Permit Fee: $150.00

Escrow: $500.00

Decommissioning Plan: Per Town Board Approval

MOTION BY KENYON, SECONDED BY MAUL

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

MOTION BY KENYON, SECONDED BY MAUL THE MEETING BE ADJOURNED AT 10:20PM.

Karrie M. Bowers

___________________________

Karrie M. Bowers

Macedon Town Clerk