NO

September 28, 2017

The Regular Board Meeting of the Town Board of the Town of Macedon held September 28, 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	David McEwen
Councilperson	Paul Kenyon
Councilperson	Bruce Babcock
Supervisor	Sandy Pagano

Absent:

Councilperson

Dave Maul

Also Present:

Attorney	David Fulvio
Chief of Police	John Colella
Town Clerk	Karrie Bowers
Town Engineer	Scott Allen

RESOLUTION NO. 255 (2017) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes from the September 14, 2017 (regular meeting)

MOTION BY BABCOCK, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

Reports:

Historian Report

RESOLUTION NO. 237 (2017) APPROVAL OF REPORT

RESOLVED the Board approves the following report as submitted.

MOTION BY BABCOCK, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 257 (2017) NATIONAL FUEL RESOURCES, INC.

RESOLVED the Town Board approves the Town of Macedon to contract for natural gas with National Fuel Resources as bid by Wayne Finger Lakes BOCES

MOTION BY MCEWEN, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

Councilperson Maul enters the Board meeting at 7:39pm

Speakers

MS4 - Kim Boyd

Cedar Creek Village Presentation

RESOLUTION NO. 258 (2017) YSG COMMUNITY SOLAR PROJECT – NORTH WILSON ROAD – SEQRA NEGATIVE DECLARATION

WHEREAS, Greystone Construction Management Inc, and YSG Community Solar are proposing to construct a 2 MW principal use ground mounted solar array on properties off North Wilson Road in the Town of Macedon,

AND WHEREAS, the proposed use is permitted in the GC zoning district as a Special Use approved by the Town Board.

AND WHEREAS, the arrays are to be placed “on grade” with only minor ground disturbances to construct access drives and install mechanical equipment.

AND WHEREAS, the Town and County Planning Boards have reviewed and recommended approval of the application.

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 oversight and approvals by NYS.

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, a Full 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 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 MAUL, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 259 (2017) ABUNDANT SOLAR / LARSEN ENGINEERS – 644 NYS ROUTE 31 – SEQRA NEGATIVE DECLARATION

WHEREAS, Larsen Engineering, and Abundant Solar Power are proposing to construct a 2 MW principal use ground mounted solar array on properties off NYS Route 31 in the Town of Macedon,

AND WHEREAS, the proposed use is permitted in the R-30 zoning district as a Special Use approved by the Town Board.

AND WHEREAS, the arrays are to be placed “on grade” with only minor ground disturbances to construct access drives and install mechanical equipment.

AND WHEREAS, the Town and County Planning Boards have reviewed and recommended approval of the application.

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 involves oversight and approvals by NYS.

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, a Short EAF has been prepared by the Applicant and 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 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 BABCOCK, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

Roundtable:

v Highway Superintendent Christopher Countryman stated that leaf pickup will start in the Hamlet the week of October 2, 2017

v Supervisor Pagano – there will be a water meeting on September 29, 2017 at 9:00am at the Town Hall

v Budget Workshop will be on October 5, 2017 at 5:30 at the Town Hall

v A resident on Lowell Drive came before the Board asking for guidance regarding an issue with another property above her property.

ABSTRACT NO.444 September (B) 2017 Regular Bills

2017 #20176655-20176733 $234,042.81

RESOLUTION NO. 260 (2017) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY MCEWEN, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 261 (2017) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 9:21 pm to discuss contracts/litigation.

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 262 (2017) HIGHWAY VEHICLE PURCHASE

RESOLVED the Town Board authorizes the Highway Superintendent to purchase a 2015 International Long Frame 6 Wheeler Truck for $5000 expensed out of DA5110.4 for Hamlet snow and brush removal.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 263 (2017) HIGHWAY VEHICLE PURCHASE

RESOLVED the Town Board authorizes the Highway Superintendent to sign a 5 year lease for a Caterpillar Loader with Key Government Finance Company for $171,034 expensed out of DA5110.4

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

MOTION BY BABCOCK, SECONDED BY MAUL THE MEETING BE ADJOURNED AT 10:35PM.

Karrie M. Bowers

__________________________

Karrie M. Bowers

Macedon Town Clerk