NO. 21 PAGE 1

DECEMBER 8, 2011

A Regular Meeting of the Town Board of the Town of Macedon held December 8, 2011 at the Town Offices, 32 Main Street in the Village of Macedon and 16249 Citrus Parkway, Clermont, Florida was called to order by Supervisor William Hammond at 7:30 p.m.

Pledge of Allegiance

Upon Roll Call, the following members of the Board were present:

Councilperson……….Paul Kenyon

Councilperson……….David Maul

Councilperson……….David McEwen – via web

Councilperson……….Cassandra Pagano

Supervisor…………...William Hammond

Also Present: Attorney………………..Anthony Villani

Chief of Police…………John Colella

Engineer……………….Scott Allen

Justice………………….Thomas Crowley

Justice………………….Ronald Reinstein

Town Clerk...……….…Judy Gravino

RESOLUTION NO. 221 (2011) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of November 10, 2011 with the following amendment:

ABSTRACT NO. 11 – 2011(252)

Claim Nos. 25071-15156 Expenditures in the amount of

$244,473.46

(Bill No. 27257 pulled – not in total)

(Bill Nos. 25231 & 25232 pulled and paid as 25258-25259 in 11A (253) not in total)

ABSTRACT NO. 11A – 2011 (253)

Claim Nos. 25258-25259 Expenditures in the amount of

$262,197

(Formerly Claim Nos. 25231-25232 retirement bills paid early at a lesser amount as originally submitted - difference of -$2,380 = total of $506,670.46

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Chief Colella introduced Thomas D’Amato and requested the Board appoint him as part-time Police Officer Recruit. After completing training at Finger Lakes Community College, he will have four (4) weeks of field training in June 2012.

RESOLUTION NO. 222 (2011) POLICE OFFICER RECRUIT PART-TIME – D’AMATO

BE IT RESOLVED that Thomas D’Amato be appointed to the position of part-time Police Officer Recruit, with his attendance starting at the Finger Lakes Law Enforcement Academy in February of 2012.

MOTION BY HAMMOND, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

CORRESPONDENCE – The Supervisor presented the following:

DOT has determined a reduction of the speed limit on Wayneport Road between Route 31 and the Crooked Pines Golf Club is not warranted at this time.

DOT has determined a reduction of speed limit on Hance Road between Route 31F and Gananda Parkway is not warranted at this time.

NO. 21 PAGE 2

DECEMBER 8, 2011

DOT has determined that a 40 mph speed limit is justified on Victor Road between Route 31 and Canandaigua Road.

Macedon Police Department will be enforcing speed limits on school grounds. A recent speed study recorded two-way traffic in a one-way driveway. During a twelve (12) day period the study recorded speeding of 5-10 miles over the speed limit.

REPORTS – The Supervisor presented the following:

Macedon Police Department November 2011 Monthly Agenda

Macedon Police Monthly Report November 2011

Historian November 15, 2011 Monthly Report

RESOLUTION NO. 223 (2011) APPROVAL OF REPORTS

RESOLVED the Board accept the reports as submitted.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Special Use Permits - Town Engineer Scott Allen reported one complaint on the Special Use Permits before the Board. Marilyn & Art Elting submitted a letter opposing the SUP renewal for Gerald VanHout at 1508 Alderman Road. (letter attached) Scott will look into complaint and bring back to the Board if there is an issue.

RESOLUTION NO. 224 (2011) SPECIAL USE PERMIT RENEWALS

RESOLVED upon the recommendation of the Town Engineer that the following Special Use Permits are renewed for the calendar year 2012 and will expire December 31, 2012 and that all prior conditions will be met as required in 2011:

A & P Auto Parts – 2384 Creek Road

AT&T – 2285 Walworth Road

Alpco – 846 Macedon Center Road (Route 31F)

CRH/Stillwater Nursery – 1095 Quaker Road

Cafalone, Brian – 1214 Victor Road

County Line Raceway – 311 Route 31

Crown Castle Atlantic – 1820 Macedon Center Road

Graf, Mark – 2075 Macedon Center Road

JT’s Drive-In Car Shop – 688 Frey Road

Macedon Landscaping – 1711 Wayneport Road

Morrison Excavating – 740 Quaker Road

Morrison, Roger – 2062 Magog Road

Prime Time Development – 1241 Route 31

Pulcini, Walter – 2461 Quaker Road

Ricci & Sons Auto Repair & Towing (Maimone) – 665 Route 31F

Rochester Aero Modeling – 2529 Macedon Center Road

SBA – 1382 Wilson Road

Shiff’s Automotive – 1910 Route 31

True North Tractor – 2168-2179 Canandaigua Road

VanEtten, Thomas –2157 Barnes Road

VanHout, Gerald – 1508 Alderman Road

Wayne County Chapter of NYSARC, Inc. – 927 Victor Road

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

NO. 21 PAGE 3

DECEMBER 8, 2011

RESOLUTION NO. 225 (2011) SPECIAL USE PERMIT RENEWAL – WASTE MANAGEMENT OF NEW YORK

RESOLVED upon the recommendation of the Town Engineer that the Special Use Permit for Waste Management of New York located at Quaker & Wayneport Roads be renewed for a term of 5 years to expire December 31, 2016 contingent upon all prior conditions being met as required in 2011, signing of a 5 year Host Community Agreement and upon certification from the Town Engineer that there have been no changes to the scope of the work as previously approved by the DEC scoping.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Town Engineer Scott Allen reported three (3) idle mines and 1-2 with very little usage.

RESOLUTION NO. 226 (2011) MINING PERMIT RENEWALS

RESOLVED the Board approve the following Mining Permits subject to any and all requirements deemed necessary by the Town Engineer and shall expire December 31 2012:

AEY – Daansen Road – special condition – not to exceed 1000

tons per year removal.

Eastern Sand & Gravel – Macedon Center & Daansen Roads

Eastern Sand & Gravel – Walworth Road

McPherson, Donald – Route 350

Morrison Excavating – Barnes Road - special condition – not to

exceed 1000 tons per year removal.

Pulcini, Walter – Quaker Road

Smith, Gregory – Walworth Road

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

The Town Engineer is in receipt of the draft plans for the Wayneport Road Bridge. Work is scheduled next summer and will be closed approximately three (3) months. Plans show a solid deck is proposed. Bridge will be posted “R” (over 100,000 pounds) upon completion. Permitting is being pursued from the state and federal government for a 4 x 12 box culvert on Canandaigua Road with an approximate cost of $40,000-$50,000.

Aron Thompson, Code Enforcement Officer, will be completely certified by the end of the year.

RESOLUTION NO. 227 (2011) HIGHWAY VEHICLE PURCHASE

RESOLVED the Town Board authorize Richard Roets, Highway Superintendent, to purchase a 2012 Ford F250 Pickup Truck from VanBortel Ford at a total cost of $34,677.89.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

NO. 21 PAGE 4

DECEMBER 8, 2011

RESOLUTION NO. 228 (2011) TOBACCO PRODUCTS BANNED ON TOWN PROPERTY

WHEREAS the Macedon Town Board has been made aware of and recognizes that a risk to health, safety and to the general public exists due to the consumption or use of any tobacco products at or on all town property and

WHEREAS the Macedon Town Board understands and accepts the recommendations and warnings of the United States Surgeon General that said consumption and use poses a significant health and safety risk not only to the users of tobacco products but to the general public at large exposed to such use therefore

BE IT RESOLVED that the Macedon Town Board, effective immediately, strictly prohibits the consumption or use of tobacco products of any kind on any town property and be it further

RESOLVED that ALL the Law Enforcement Agencies, that protect the citizens of the Town of Macedon, be authorized to aggressively enforce this ordinance.

MOTION BY KENYON, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 229 (2011) POLICE CHIEF - SECURITY

WHEREAS the Town of Macedon Chief of Police is charged with the responsibility to conduct an annual workplace violence assessment and

WHEREAS the Town of Macedon Chief of Police is recognized as the staff expert in security concerns that may affect the citizens of the Town of Macedon as well as all of the agencies of Town government therefore

BE IT RESOLVED that the Town of Macedon Chief of Police be responsible for all security including court security and authorized to implement any protocols he deems necessary to insure that security, with subsequent approval of the Town Board, after said recommendation is made be it further

RESOLVED that the Town of Macedon Chief of Police be authorized to conduct a comprehensive annual security assessment of all Town properties and agencies and report his finding to the Town Board with appropriate recommendations for any improvements that might be necessary.

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 230 (2011) MACEDON LANDFILL – CLOUGH HARBOR

RESOLVED the Town Board accepts the Clough Harbor Extra Work Authorization No. 7 CHA Project No. 14280/Proposal No: X33659-P1 dated December 2, 2011 for the Post-Closure Monitoring of the Town of Macedon Landfill for 2012 not to exceed $17,000 to be expensed from A1440.401 and authorize the Supervisor to sign said contract.

MOTION BY PAGANO, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 231 (2011) CLOSING OF THE BOOKS

RESOLVED that the Town Accountant Kim Leonard be authorized to make any necessary adjusting and budgetary journal entries in closing the 2011 fiscal year.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

NO. 21 PAGE 5

DECEMBER 8, 2011

RESOLUTION NO. 232 (2011) COUNTY SNOW & ICE CONTRACT

RESOLVED the Macedon Town Board approves the County Snow and Ice Agreement that commences on November 1, 2011 and ends December 31, 2012 and authorizes the Supervisor to sign said agreement.

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

ABSTRACT NO. 12 – 2011

Claim Nos. 25260 Voided

Claim Nos. 25261-25432 Expenditures in the amount of

$160,180.81

RESOLUTION NO. 233 (2011) AUDIT OF CLAIMS

RESOLVED the Board approves the bills as audited.

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Councilperson Maul provided select employees with a 30 day free trial of offsite backup. He will follow-up with employees to evaluate how it worked. The Assessor and Building/Zoning Clerk will be consulted regarding their requirements. He is close to completing the draft Police Contract.

Supervisor Hammond thanked his County colleagues for the great job on the Rt. 28 Road Bridge that is now open.

Wayne County Water & Sewer Authority will be increasing the water rate to $4.15/thousand gallons. This is an increase of $.10/thousand gallons. Notices will be included with their January billing.

The Town of Macedon’s Torchlight Parade will be held December 16, 2011 at 6:00 p.m. and start at the Town Hall.

Councilperson Kenyon made the Town Board aware of an incident at the Macedon Intermediate School where it took too long for an ambulance to respond. Superintendent Dr. Ike sent a letter to Jim Lee at 911 asking how this could happen, why it took so long and that the time frame was unacceptable. The Board had a general discussion on ambulance dispatching protocol and felt that it was inappropriate it took so long when the Town’s Ambulance was available to respond immediately

Breakfast with Santa will be held December 17, 2011.

Due to recent law changes liquor license, renewals are not required to go before the Town Board. All new applicants must continue to notify the Town.

RESOLUTION NO. 234 (2011) EXECUTIVE SESSION

RESOLVED the Town Board enter Executive Session at 8:45 p.m. to discuss.

MOTION BY MAUL, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 235 (2011) OPEN SESSION

RESOLVED the Board returns to Open Session at 9:45 p.m.

MOTION BY MCEWEN, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

NO. 21 PAGE 6

DECEMBER 8, 2011

RESOLUTION NO. 236 (2011) COURT AUDIT

WHEREAS the Town Board reviewed the records of the Town Court and conducted an audit be it

RESOLVED the Board accepts the audit filed by the Town Accountant.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 237 (2011) COUNTY OF WAYNE STIPULATION OF DISCONTINUANCE

RESOLVED the Board approves the Stipulation of Discontinuance with the County of Wayne and authorizes the Supervisor to sign said document.

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY MCEWEN THAT THE MEETING BE ADJOURNED AT 10:45 PM.

_______________________

Respectfully submitted by

Judy W. Gravino, RMC

Macedon Town Clerk