NO. 6 PAGE 1

FEBRUARY 28, 2013

The Regular Meeting of the Town Board of the Town of Macedon held February 28, 2013 at the Town Complex, 32 Main Street, in the Town of Macedon was called to order by Supervisor William H. 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	Sandy Pagano
Supervisor	William Hammond

Absent:

Also Present:

Attorney	Anthony Villani
Engineer	Scott Allen
Highway Superintendent	Richard Roets
Town Clerk	Judy Gravino

RESOLUTION NO. 61 (2013) APPROVAL OF MINUTES – Regular Meeting

RESOLVED the Town Board approves the minutes of February 14, 2013 as presented.

MOTION BY MAUL, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 62 (2013) EMPIRE BAR & GRILL OF MACEDON LIQUOR LICENSE

WHEREAS the Macedon Town Board is in receipt of a new liquor license application from Empire Bar & Grill of Macedon, LLC located at 1011 State Route 31, Macedon, New York and

WHEREAS the Macedon Town Board has no objections

NOW THEREFORE BE IT RESOLVED the Town Board waives the 30 day period in regard to their liquor license notification and authorizes the Supervisor to notify the State Liquor Authority.

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 63 (2013) RESOLUTION TO GOVERNOR CUOMO OPPOSING THE PROCESS & ENACTMENT OF THE NEW YORK SAFE ACT

Whereas, the right of the people to keep and bear arms is guaranteed as an individual right under the Second Amendment to the United States Constitution, as well as New York State Civil Rights Law, and

Whereas, this legislation fails to offer any meaningful solutions to gun violence and places increased burdens on the law abiding citizens; and

Whereas, in our opinion, there was no reason for the Governor to use a message of necessity to bring this bill to vote immediately and bypass the three day maturing process for all legislation; now, therefore, be it

NO. 6 PAGE 2

FEBRUARY 28, 2013

Resolved, the Town of Macedon Town Board hereby opposes, and requests the repeal of, the New York State Safe Act as we consider such law to be unnecessary and beyond lawful legislative authority granted to our State Representatives.

MOTION BY KENYON, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 64 (2013) AMBULANCE BILLING & SERVICE AGREEMENT

BE IT RESOLVED the Town Board approves and authorizes the Town Supervisor and EMS Director to sign the Billing and Service Agreement between Parties being the Town of Macedon Ambulance Service Inc. and Walworth Ambulance Inc. for Medicare and other insurance purposes subject to Town Attorney approval.

MOTION BY KENYON, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 65 (2013) HIGHWAY EQUIPMENT PURCHASE

RESOLVED the Supervisor is authorized to sign an agreement with First Niagara for a Model 200 Track Excavator Machine subject to Town Attorney approval.

MOTION BY KENYON, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

Jeff Richardson from Waste Management gave a presentation on solid waste transport by intermodal rail. An application has been submitted for a modification of the High Acres Landfill & Recycling Center Special Use Permit to allow transportation of municipal solid waste by rail versus long haul trucks/trailer to High Acres. Materials will be transported in loaded, sealed containers. Environmental benefits include reduction in fossil fuel usage, reduced truck traffic and a reduction in Greenhouse Gas Emission through the reduced traffic. Limited hours of operation will not change.

RESOLUTION NO. 66 (2013) HIGH ACRES LANDFILL & RECYCLING SPECIAL USE PERMIT MODIFICATION – RAIL SIDING

WHEREAS High Acres Landfill & Recycling Center has made an application to the Town Board to construct a rail siding for the purposes of bringing materials to the property and

WHEREAS the Town Board has determined this a Type 1 action pursuant to SEQRA

BE IT RESOLVED the Town Board declares its intent to be Lead Agency for the SEQRA review process and

BE IT FURTHER RESOLVED that all interested and involved agencies are notified of such application and application will be available for review during normal business hours.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

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FEBRUARY 28, 2013

RESOLUTION NO. 67 (2013) HIGH ACRES LANDFILL & RECYCLING SPECIAL USE PERMIT MODIFICATION – RAIL SIDING REFERRAL

BE IT RESOLVED the Town Board refers the application of High Acres Landfill & Recycling Center Special Use Permit Modification for rail siding to Town and County Planning Boards for their advisory review.

MOTION BY PAGANO, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 68 (2013) HIGH ACRES LANDFILL & RECYCLING SPECIAL USE PERMIT MODIFICATION – RAIL SIDING – PUBLIC HEARING SET

BE IT RESOLVED the Town Board schedule a public hearing on the High Acres Landfill & Recycling Center Special Use Permit Modification application to construct a rail siding, for the purposes of bringing materials to the property, be held on April 11, 2013 at 7:45 p.m. and authorizes the Town Clerk to advertise.

MOTION BY KENYON, SECONDED BY PAGANO

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

NYSDOT notified the Town of Macedon the Wayneport Bridge will close March 11 instead of March 4. DOT expects completion by the end of June.

The Town of Macedon has received an A+ bond rating from Standard & Poor’s Rating Services.

RESOLUTION NO. 69 (2013) EXECUTIVE SESSION

RESOLVED the Town Board enter Executive Session at 8:20 p.m. to discuss pending litigation.

MOTION BY HAMMOND, SECONDED BY KENYON

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

RESOLUTION NO. 70 (2013) OPEN SESSION

RESOLVED the Town Board return to Open Session at 10:22 p.m.

MOTION BY PAGANO, SECONDED BY MAUL

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

PAGANO AYE, HAMMOND AYE MOTION CARRIED

MOTION BY HAMMOND, SECONDED BY MAUL THE MEETING BE ADJOURNED AT 10:23 PM.

_____________________________

Judy W. Gravino, RMC

Macedon Town Clerk