NO. 13 PAGE 1

JULY 12, 2012

A Regular Meeting of the Town Board of the Town of Macedon held July 12, 2012 at the Macedon Town Hall, 23 West Main Street, Macedon, NY 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

Councilperson……….Cassandra Pagano

Supervisor…………...William Hammond

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

Highway Supt…………Richard Roets

Police Chief……………John Colella

Town Clerk...………….Judy Gravino

The Agriculture Development Program provides grants on a competitive basis to eligible applicants to assist in reducing the cost of financing the construction, expansion or renovation of agriculture project(s) that have a direct benefit to New York producers and significance to the region served by the eligible applicant. This program is administered by the New York State Department of Agriculture and Markets (NYSDAM). Bundschuh’s Farm requested the Town apply for a $35,000 grant on their behalf to purchase items to construct a 200’ x 420’ hops yard and equipment. Focus will be on the development of the hops yard and the construction of the hops harvester. The first hops will be planted in the fall of 2012 if funding is approved. Counties and municipalities are eligible to apply.

RESOLUTION NO. 144 (12) CONSOLIDATED FUNDING APPLICATION - BUNDSCHUH

RESOLVED the Town Board approves the grant application for the funding pursuant to Agriculture and Markets – Agriculture Development Program at the request of the Bundschuh’s Farm.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 145 (12) APPROVAL OF MINUTES

RESOLVED the Town Board approves the minutes of June 14, 2012 with the following amendments:

RESOLUTION NO. 134(2012) SUMMER RECREATION PROGRAM

Courtney Cobb $7.75/hour

Brian Vogan $8.00/hour

Cody Rogers $7.75/hour

Remove Emily Maul

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

June 28^th Town Board Meeting was cancelled.

NO. 13 PAGE 2

JULY 12, 2012

REPORTS - The Supervisor presented the following:

Historian 5/16/12-6/15/12

Town Clerk June Reports

Building & Zoning Quarterly Report

Macedon Police June 2012

RESOLUTION NO. 146 (12) APPROVAL OF REPORTS

RESOLVED the reports be accepted as submitted.

MOTION BY HAMMOND, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 147 (12) TJJK PROPERTIES SPECIAL USE PERMIT REFERRAL TO PLANNING

RESOLVED the Town Board refers the TJJK Properties LLC application for a special use permit at 997 NYS Rt. 31 to operate a seasonal campground to the Macedon Town Planning Board and Wayne County Planning Board and

BE IT FURTHER RESOLVED that a public hearing be scheduled on August 9, 2012 at 7:35 p.m. to take public comment on this application.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 148 (12) FEE SCHEDULE

RESOLVED the Town of Macedon Fee Schedule be amended as follows:

25. Camping Ground

Planning Board Application Fee Sketch $75

Preliminary/Final $2 per campsite, $200 min.

Engineering Review Fee Sketch $400

Preliminary/Final $20 per campsite, $1500 min.

Public Hearing Sign Fee $25

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 149 (12) RABIES RESPONSE – COUNTY NOTIFICATION

RESOLVED the Supervisor is authorized to send a letter to Wayne County notifying Wayne County that the Town of Macedon will no longer provide rabies response for non-domestic/wild animals.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 150 (12) ASSESSOR CLERK RESIGNATION – LEESON

RESOLVED the Town Board regretfully accepts the resignation from Dennine L. Leeson as Clerk to the Assessor effective July 14, 2012.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 151 (12) POLICE APPOINTMENT – D’AMATO

RESOLVED the Town Board part-time police officer recruit Thomas D’Amato at the rate of $12/hour effective 6/27/2012.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

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JULY 12, 2012

RESOLUTION NO. 152 (12) LIBRARY BOARD APPOINTMENT – C. ANNE STAHR

RESOLVED the Town Board appoints C. Anne Stahr to the position of Library Board Member effective 6/28/2012 with term ending 12/31/16. (Replacing John Hamiltion – expired term)

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 153 (12) HIGHWAY APPOINTMENT – CAMBLIN

RESOLVED the Town Board authorizes Richard Roets, Highway Superintendent, to hire William Camblin as a full time highway employee effective 07/23/12 at a rate of pay of $16.50/hour.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Supervisor Hammond reported:

1. Wayneport Road Bridge may not be started this year.

2. An electronics drop off day for Macedon residents only will be scheduled in October at the Highway Barn. This is possible with a grant through Waste Management. The 2^nd phase prescription drop off may be scheduled at the same time.

3. Gananda School Board will be meeting with the Town Board at the next meeting scheduled August 9 at 7:45 p.m.

4. Excellus notification of a 12-1/2 % increase

5. Open House at Waste Management on July 31, 2012 from 3 – 7 p.m.

Town of Macedon signs were discussed. Councilman McEwen presented drawings and will continue to work on. The Board is interested in two (2) this year for each end of Route 31.

The poster depicting the Bickford and Hoffman Grain Drill is currently hanging in the Town Hall.

Macedon Messenger will be mailed the third week of September. Advertisers are encouraged to contact the Town.

Fingerlakes History Brochure is being compiled by Peter Evans, Wayne County Historian and the Canal History under Vicky Daily, Palmyra Village Mayor.

Macedon Police set up a water station for the 500 bikers on the canal trail Tuesday. Participants attended from four (4) different countries.

PAYROLL #13 – NO ABSTRACT – CLAIM NO. 26548

ABSTRACT NO. 7-2012

CLAIM NOS. 26549-26712 EXPENDITURES IN THE AMOUNT OF

26556 - Deleted $156,947.96 7-2 (-$37)

6,456.97 7-1 (Utilities)

$163,404.93 Total

26687 – Pulled - 37.00

$163,367.93 Approved

RESOLUTION NO. 154 (12) PAYMENT OF CLAIMS

RESOLVED the bill as audited, with bill number 26687 in the amount of $37.00 being pulled, be paid.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

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JULY 12, 2012

RESOLUTION NO. 155 (12) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:33 p.m. to discuss litigation and particular personnel issues.

MOTION BY MCEWEN, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 156 (12) OPEN SESSION

RESOLVED the Board return to Open Session at 9:50 p.m.

MOTION BY MCEWEN, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 157 (12) WALWORTH SEWER ADOPTED

WHEREAS the Town of Walworth establishes Walworth sewer regulations for the Macedon residential sewer users and has notified the Town of Macedon

BE IT RESOLVED the Town Board adopts Walworth’s sewer changes as follows:

WALWORTH RESOLUTION 68-12 ADOPTION OF PROPOSED LOCAL LAW NO. 6 OF THE YEAR 2012 CHAPTER 139 - SEWERS:

WHEREAS, the Town Board of the Town of Walworth held a Public Hearing on June 21, 2012, to consider the adoption of proposed Local Law No. 6 of the Year 2012 Chapter 139 “SEWERS”.

Be it enacted by the TOWN BOARD of the TOWN OF WALWORTH as follows:

CHAPTER 139

SEWERS

ARTICLE IV

Use of Public Sewers Required

§139-18. Connection to public sewer required.

The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town, and within the boundaries of a formed sewer district, are hereby required, at the owner’s expense, to install suitable sanitary facilities therein and to connect such facilities directly to public sewers, in accordance with provisions of the New York State Department of Health Rules and Regulations and this Part 2, before a certificate of occupancy may be issued, or within 90 days of official notice from the Town Board of the Town of Walworth to do so.

§139-20. Acceptance of sewage from outside service area.

The Town Board, on the recommendation of the superintendent, shall have the authority to enter into agreements to accept sewage and other wastes, including industrial wastes, generated by or discharged from persons outside the service area of the POTW.

A. If the person is a municipality, that municipality shall have enacted a Sewer Use Law as restrictive on the discharge of sewage and other wastes as the restrictions contained in this Part 2.

B. If the person is not a municipality, the discharge shall be made only with the expressed written consent of the Superintendent (the issuance of a permit) setting forth the terms and conditions of such discharge.

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JULY 12, 2012

Any person(s) owning property in the Town of Walworth not within the boundaries of a formed sewer district wishing to connect to public sewers, may petition the Town Board requesting approval. The petition shall include, in such detail as needed to review and approval by the town engineer, sewer superintendent, building department and any other person(s) included in the review process, a complete engineered proposal using the guidelines and

C. regulations for the development of property within the Town of Walworth. Any and all costs for design, permits, installation and all other associated costs shall be at the expense of the petitioning property owner(s). It shall be the responsibility of the property owner(s) benefiting from the connection to public sewers to maintain, repair, and replace, as required, any equipment and/or materials as needed to allow uninterrupted and continued use of the connection to the public sewer. All such out of district users will be billed as such, at a minimum of the then current sewer rate, and an additional out of district surcharge, as set by resolution of the Town Board. If the serviced area is also out of a water district, prohibiting the sewer charge being based on water consumption as set forth in the Walworth Town Code §139-3, an agreed upon fee schedule will be determined by the Sewer Superintendent and approved by the Town Board.

This Local Law shall take effect immediately after adoption by the Town Board of the Town of Walworth.

BE IT RESOLVED, the Town Board of the Town of Walworth does hereby adopt proposed Local Law No. 6 of the year 2012 to the Town of Walworth Municipal Code.

BE IT RESOLVED, the Town Clerk submits the necessary documents pertaining to the adoption of said proposed Local Law No. 6 of 2012, for filing with the Secretary of State.

NOW, BE IT FURTHER RESOLVED, that the Town Council of the Town of Walworth adopt Resolution 68-12.

TOWN OF WALWORTH

LOCAL LAW NO. 6 OF THE YEAR, 2012

A Local Law amending Chapter 139 entitled “SEWERS”

Be it enacted by the TOWN BOARD of the TOWN of WALWORTH as follows:

CHAPTER 139

SEWERS

ARTICLE IV

Use of Public Sewers Required

§139-18. Connection to public sewer required.

§139-20. Acceptance of sewage from outside service area.

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JULY 12, 2012

A. If the person is a municipality, that municipality shall have enacted a Sewer Use Law as restrictive on the discharge of sewage and other wastes as the restrictions contained in this Part 2.

C. Any person(s) owning property in the Town of Walworth not within the boundaries of a formed sewer district wishing to connect to public sewers, may petition the Town Board requesting approval. The petition shall include, in such detail as needed to review and approval by the town engineer, sewer superintendent, building department and any other person(s) included in the review process, a complete engineered proposal using the guidelines and regulations for the development of property within the Town of Walworth. Any and all costs for design, permits, installation and all other associated costs shall be at the expense of the petitioning property owner(s). It shall be the responsibility of the property owner(s) benefiting from the connection to public sewers to maintain, repair, and replace, as required, any equipment and/or materials as needed to allow uninterrupted and continued use of the connection to the public sewer. All such out of district users will be billed as such, at a minimum of the then current sewer rate, and an additional out of district surcharge, as set by resolution of the Town Board. If the serviced area is also out of a water district, prohibiting the sewer charge being based on water consumption as set forth in the Walworth Town Code §139-3, an agreed upon fee schedule will be determined by the Sewer Superintendent and approved by the Town Board.

This Local Law shall take effect immediately after adoption by the Town Board of the Town of Walworth.

MOTION BY HAMMOND, SECONDED BY PAGANO

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 9:52 PM.

_____________________________

Judy W. Gravino, RMC

Macedon Town Clerk