NO. 7 PAGE 1

MARCH 22, 2012

A Regular Meeting of the Town Board of the Town of Macedon held March 22, 2012 at the Town Offices, 32 Main Street in the Village of Macedon and Elite Resorts, 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……….David Maul

Councilperson……….David McEwen – via web

Councilperson……….Cassandra Pagano

Supervisor…………...William Hammond

Absent: Councilperson……….Paul Kenyon

Also Present: Attorney………………..Mary Catherine Villani

Police Chief…………...John Colella

Town Clerk...………….Judy Gravino

Nicholas Kanauer, BSA Troop 166, presented his Library Hill Bench Eagle Project. He will install two (2) pretreated 8’ trail benches on the hill. The costs will be covered by donors and completed by Scouts. The benches will not require mowing around or under.

RESOLUTION NO. 77 (2012) EAGLE BENCH PROJECT – KANAUER

RESOLVED the Board reviewed and supports the efforts of Nicholas Kanauer to provide two (2) 8’ benches on the Library Hill.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 78 (2012) WAYNE COUNTY MULTI-JURISDICTIONAL MUNICIPAL SHARED SERVICES AGREEMENT

WHEREAS, the Town of Macedon may from time to time desire to share services, equipment, facilities, or supplies with other villages and towns within the county of Wayne, as well as with the County of Wayne itself; and

WHEREAS, the Wayne County Emergency Management Office has created a Multi-Jurisdictional Municipal Shared Services Agreement for the benefit of all the municipalities with Wayne County, whose form and content have been approved by the Wayne County Attorney; and

WHEREAS, Article 2-B of the State of New York Executive Law authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and

WHEREAS, the Town of Macedon recognizes the potential for cost savings by maximizing the effective utilization of all parties’ resources through shared services; and

WHEREAS, the signing of this agreement will allow all parties to share services with one another as needed or requested;

WHEREAS, Town of Macedon desires to participate in the Wayne County Multi-Jurisdictional Municipal Shared Services Agreement; now, therefore, be it

RESOLVED that the Supervisor is authorized to sign the Wayne County Multi-Jurisdictional Municipal Shared Services Agreement; and be it further

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MARCH 22, 2012

RESOLVED, that this agreement supersedes any previous agreements currently in place.

MOTION BY HAMMOND, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 79 (2012) HIGHWAY TRUCK DECLARED SURPLUS

RESOLVED the Town Board authorize Richard Roets, Highway Superintendent, to declare the 2009 Ford F350 Pickup Truck as surplus, and to advertise it on Craig’s List (or via other available avenues) for resale.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 80 (2012) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of March 8, 2012 with the following addition to Resolution No. 70 (2012)

Abstract No. 3-1 (2012)

Claim No. 26002 Expenditures in the amount of

$65.76

MOTION BY MAUL, SECONDED BY HAMMOND

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 81 (2012) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes of March 17, 2012 as presented.

MOTION BY MAUL, SECONDED BY HAMMOND

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

PAGANO ABSTAIN, HAMMOND AYE MOTION CARRIED

7:45 PUBLIC HEARING – PROPOSED LOCAL LAW NO. 1

A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW 3-C

RESOLUTION NO. 82 (2012) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the March 11, 2012 issue of the Times.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Supervisor Hammond stated the Board passed the same local law in 2011 and stayed under the 2% cap. The Board does not expect to exceed the tax cap this year. This law avoids penalties and/or fines due to the variables associated with this regulation.

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

RESOLUTION NO. 83 (2012) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 7:50 p.m.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 84 (2012) LOCAL LAW NO. 1 (2012) A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW 3-C

RESOLVED the Town Board adopts Local Law No. 1 as follows:

A local law to override the tax levy limit established in General Municipal Law 3-c

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MARCH 22, 2012

Section 1. Legislative Intent

It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Macedon, County of Wayne pursuant to General Municipal Law § 3-c, and to allow the Town of Macedon, County of Wayne to adopt a town budget for (a) town purposes (b) fire protection districts and (c) any other special or improvement district governed by the town board for the fiscal year 2013 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law § 3-c.

Section 2. Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes the town board to override the tax levy limit by the adoption of a local law approved by vote of sixty percent (60%) of the town board.

Section 3. Tax Levy Limit Override

The Town Board of the Town of Macedon, County of Wayne is hereby authorized to adopt a budget for the fiscal year 2013 that requires a real property tax levy in excess of the limit specified in General Municipal Law, §3-c.

Section 4. Severability.

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date.

This local law shall take effect immediately upon filing with the Secretary of State.

MOTION BY HAMMOND, SECONDED BY PAGANO

Councilperson Maul was concerned with the timing of this local law when the budget is not addressed until September, why now. His was concerned a resident could come to the Board in August and request not passing the override. The legal for the public hearing was posted on the signboard, posted on the Town’s web site and published in the Times by the Clerk. Only a couple residents were in attendance. Passing the local law at this time will allow the law to be completed and filed with the Secretary of State well in advance of the deadline. The tax cap law continues to change and questions are still unanswered. Supervisor Hammond agreed with Councilperson Maul and confirmed the State Comptroller’s Office encouraged the passage of a local law until the details of the tax cap are worked out.

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

The Macedon Business Alliance Group held a meeting last night. Sixteen (16) business owners attended. Two items the business owners would like to address:

a web page that would direct people to the local businesses and contacts
hold a showcase of businesses to encourage people to shop locally

8:00 PUBLIC HEARING – PROPOSED LOCAL LAW NO. 2

AMENDING CHAPTER 16 OF THE MACEDON TOWN CODE

REGULATING TOWN ATTORNEY RESIDENCY REQUIREMENTS

RESOLUTION NO. 85 (2012) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the March 11, 2012 issue of the Times.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

NO. 7 PAGE 4

MARCH 22, 2012

Attorney Villani stated this would bring Macedon in compliance. This local law will open the Town’s options to hiring within the county.

All persons desiring to be heard, having been heard, the meeting was closed.

RESOLUTION NO. 86 (2012) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:03 p.m.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 87 (2012) LOCAL LAW NO. 2 (2012) AMENDING CHAPTER 16 OF THE MACEDON TOWN CODE REGULATING TOWN ATTORNEY RESIDENCY REQUIREMENTS

Be it enacted by the Town Board of the Town of Macedon that Chapter 16 of the Town of Macedon Code be amended by adding the following:

Section 16-19 Town Attorney.

The position of Town Attorney for the Town of Macedon shall not be limited to a resident of the Town of Macedon, but may be held by a qualified resident of the County of Wayne.

MOTION BY HAMMOND, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

8:15 PUBLIC HEARING – PROPOSED LOCAL LAW NO. 3

AMENDING CHAPTER 36 OF THE MACEDON TOWN CODE KNOWN AS

NO SMOKING LAW TO ESTABLISH CONTROLS AND PENALTIES

RESOLUTION NO. 88 (2012) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the March 11, 2012 issue of the Times.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

This local law allows the officers to act on the no smoking law on town property.

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

RESOLUTION NO. 89 (2012) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:17 p.m.

MOTION BY HAMMOND, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

NO. 7 PAGE 5

MARCH 22, 2012

RESOLUTION NO. 90 (2012) LOCAL LAW NO. 3 (2012) AMENDING CHAPTER 36 OF THE MACEDON TOWN CODE KNOWN AS NO SMOKING LAW TO ESTABLISH CONTROLS AND PENALTIES

BE IT ENACTED BY THE TOWN BOARD of the Town of Macedon that a new Chapter 36 of the Town of Macedon Code be adopted with the amendment (omit C.1. “section thirteen hundred ninety-nine-o of”) as follows:

Chapter 36. Regulation of Smoking on all Town Property

A. Definitions

For purposes of this article:

“Town grounds” means any building, structure, and surrounding outdoor grounds owned by the Town of Macedon’s legally defined property boundaries as registered in a county clerk’s office, and any vehicles owned or operated by the Town of Macedon.
“Smoking” means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
“Non Smoking Tobacco Product” means any substance which contains tobacco which is designed to be consumed without smoking.

B. Smoking and Non Smoking Tobacco Product Restrictions

Smoking and Non Smoking Tobacco Products shall not be permitted and no person shall smoke or use any such products on any Town Grounds of the Town of Macedon.

C. Violations

It shall be unlawful for any person to smoke in any area where smoking is prohibited or restricted under this article.

D. Enforcement

1. For the purpose of this article the term “enforcement officer” shall mean the Macedon Code Enforcement Officer and any duly authorized police officer or peace officer of the Town of Macedon.

2. If the enforcement officer determines that a violation of this article has occurred, such enforcement officer may prepare, file and serve an appearance ticket in conformance with the New York State Criminal Procedure Law.

3. Any person who desires to register a complaint under this article may do so with the appropriate enforcement officer.

E. Penalties

Each violation of any provision of this chapter shall be deemed a Violation as defined by the Penal Law of the State of New York, and any person found guilty thereof shall be liable, for each offense, to a fine which shall not exceed Two Hundred Fifty ($250), or to imprisonment not to exceed 15 days, or to both such fine and imprisonment. The Town Court of the Town of Macedon is invested with jurisdiction to hear and determine actions brought pursuant to this chapter.

F. Severability: If any provision of this Agreement is held to be unenforceable under then current laws, the enforceability of the remaining provisions shall not be affected thereby.

MOTION BY HAMMOND, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

8:30 PUBLIC HEARING – PROPOSED LOCAL LAW NO. 4

MODIFICATION OF TOWN ZONING CODE CHAPTER 135-93, CHAPTER 135-175, AND SCHEDULE 1 TO PERMIT CAMPING GROUNDS AS A SPECIAL USE IN THE ORM ZONING DISTRICT

RESOLUTION NO. 91 (2012) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Town Board waives reading of the legal notice published in the March 11, 2012 issue of the Times.

MOTION BY MAUL, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

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MARCH 22, 2012

All person desiring to be heard, hearing none, the hearing was closed.

RESOLUTION NO. 92 (2012) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be closed at 8:31 p.m.

MOTION BY HAMMOND, SECONDED BY MCEWEN

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

The Board will not act on Local Law No. 4 as follows until further notification and comments from the Wayne County Planning Board and Perinton.

LOCAL LAW NO. 4 (2012) MODIFICATION OF TOWN ZONING CODE CHAPTER 135-93, CHAPTER 135-175, AND SCHEDULE 1 TO PERMIT CAMPING GROUNDS AS A SPECIAL USE IN THE ORM ZONING DISTRICT

Be it enacted by the Town Board of the Town of Macedon as follows:

1. Chapter 135-93 of Town Code shall be modified to add the following item:

H. Camping grounds

2. The introductory paragraph of Chapter 135-175 of Town Code shall be modified as follows:

The Town Board may approve a special use permit for camping grounds in the AR-40 Agricultural / Residential, R-30 Residential, and ORM Office Research and Manufacturing Districts, provided that the following standards and provisions are maintained:

3. Schedule 1 of Chapter 135 of Town Code shall be modified as follows:

Within the use and dimensional requirements for the ORM – Office Research and Manufacturing Zoning district add the following permitted use and setback requirements:

Permitted Use *Camping grounds (asterisk denoting a special use permit)

Minimum Lot Size: 25 acres

Minimum Lot Width: 600 feet

Minimum Lot Depth: 800 feet

Principal Building Front Setback: 300 feet

Principal Building Rear Setback: 300 feet

Principal Building Side Setback (one): 300 feet

Principal Building Side Setback (both): 600 feet

Accessory Building Rear Setback: 300 feet

Accessory Building Side Setback: 300 feet

Maximum Building Height Principal Building: 24 feet

Maximum Building Lot Coverage on Lot: 5 percent

RESOLUTION NO. 93 (2012) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:33 p.m. to discuss contract negotiations and personnel and invite Chief Colella to attend.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 94 (2012) OPEN SESSION

RESOLVED the Board return to Open Session at 8:57 p.m.

MOTION BY HAMMOND, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

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MARCH 22, 2012

RESOLUTION NO. 95 (2012) WASTE MANAGEMENT CONTRACT

RESOLVED the Board authorizes the Supervisor to sign the contract with Waste Management as amended.

MOTION BY PAGANO, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY PAGANO THAT THE MEETING BE ADJOURNED AT 8:58 PM.

_______________________

Respectfully submitted by

Judy W. Gravino, RMC

Macedon Town Clerk