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March 23, 2017

The Regular Meeting of the Town Board of the Town of Macedon held March 23, 2017 at the Town Complex, 32 Main Street, in the Town of Macedon and via web at 10205 Burnt Store Road, Punta Gorda, FL 33950 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	Dave McEwen
Councilperson	Dave Maul
Councilperson	Paul Kenyon
Councilperson	Bruce Babcock
Supervisor	Sandy Pagano

Absent:

Also Present:

Attorney	David Fulvio
Chief of Police	John Colella
Highway Superintendent	Christopher Countryman
Town Clerk	Karrie Bowers

RESOLUTION NO. 92 (2017) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes from the March 9, 2017 (regular meeting)

MOTION BY MAUL, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

Reports:

Historian Report

RESOLUTION NO. 93 (2017) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

MOWING BIDS

MACEDON VILLAGE CEMETERY

MARCH 23, 2017

11:00 A.M.

BIDDER	ADDRESS	MACEDON VILLAGE CEMETERY/TRIP
AJ Lawncare	6565 Rt 14, Sodus Point NY	$480
Simpson Lawn Care	2445 Ryder Rd, Newark	$540

Each bidder submitted a list of equipment

Present were Highway Superintendent Christopher Countryman & Town Clerk Karrie Bowers

3/23/17

RESOLUTION NO. 94 (2017) MOWING BIDS – MACEDON VILLAGE CEMETERY AWARDED

WHEREAS the Town of Macedon received sealed bids for a one (1) year contract for mowing of Macedon Village Cemetery on March 23, 2017

BE IT RESOVED the Town Board awards the mowing bid to AJ Lawncare as the lowest responsible bidder and

RESOLVED mowing will be at the discretion of the Highway Superintendent.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 95 (2017) WAYNE COUNTY WATER SEWER AUTHORITY NETDMR AGREEMENT

RESOLVED the Town Board authorizes the supervisor to sign the NetDMR Agreement for WCWSA which gives the authority for another operator to signoff on Discharge Monitoring reports for NYS DEC in the absence of the main operator of the WWTP in Macedon.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 96 (2017) NYMIR CYBER BREACH AND LIABILITY COVERAGE

RESOLVED the Town Board authorizes the Supervisor to sign the NYMIR Cyber Breach and Liability coverage in the amount of $693 annually to be expensed from A1910.4

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

7:45 PUBLIC HEARING – LOCAL LAW NO. 2(2017) ESTABLISHING ZONING REQUIREMENTS FOR SOLAR ENERGY

RESOLUTION NO. 97 (2017) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the March 12, 2017 issue of the Times.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

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

Resident – would like to say that he thinks that this is a great start the only thing that he has notice that in some of the literature there is a potential for people to put solar on a roof of a private building and it seems like it would be helpful to have another section that describes power being consumed off site as opposed to accessory use and the Board may want to consider adding that as an additional sections.

Town Attorney David Fulvio stated that under the proposed law solar systems as a principal use are subject to a special use permit but if it is an accessory use it is not required for a special use permit under the limitations set forth in this local law. In section 135-29.1 which governs roof mounted systems where various heights, set back and various height restrictions and are not sure in what is being described are required to get a special use permit. The local law as drafted doesn’t distinguish between based on power consumption and where the power is going to be used. If the power generated is used off site versus on-site there is no distinction within the local law.

Councilman Maul - in the definition in a large scale system that is a qualifier that the energy consumption is off-site. Attorney David Fulvio - roof mounted systems section will have to still fit in the criteria that is set forth in this local law.

Councilperson Maul stated that he had a concern that was similar of a large scale system if located on land primarily used to convert solar energy into electricity. If they did put it on a big building like that it’s not on land so to speak but it is also on the roof the fact remains that they can say that this land isn’t primarily to convert energy its primarily to sell merchandise and we just incidentally to convert energy and I wanted to tighten that up which is similarly to what a resident was speaking about.

Resident had questions regarding the ground mounted solar systems - section 2 regarding sizes about 1 acre resident is asking where that number came from. Attorney Fulvio stated that it was a recommendation. Councilperson Babcock stated how the Town guide people that would like to install solar without infringing on the aesthetics of neighbors. An example - If I had a ½ acre of land ¼ of it is my backyard my neighbors would be looking at it all the time.

Ram Shrivastava – Larsen Engineers would like to congratulate the Town of Macedon for their leadership in adopting new solar codes and giving the public an opportunity to help in making it practical and fair to implement.

Public hearing was adjourned until the April 13, 2017 meeting at 7:45pm.

A LOCAL LAW ESTABLISHING ZONING REQUIREMENTS FOR SOLAR ENERGY SYSTEMS WITHIN THE TOWN OF MACEDON

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

Macedon Code § 135-7 is amended as follows:

Add

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) – The incorporation of photovoltaic (PV) material into a building’s envelope. Technologies include PV shingles or tiles, PV laminates, and PV glass. Examples of placement include vertical facades, semi-transparent skylights, awnings, fixed awnings, and roofs.

GROUND-MOUNTED SYSTEM – A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.

LARGE-SCALE SYSTEM – Solar energy systems located on land primarily used to convert solar energy into electricity for offsite energy consumption.

ROOF-MOUNTED SYSTEM – A solar panel located on a roof of a permitted principle use or accessory structure.

SOLAR ENERGY EQUIPMENT – Energy storage devices, material, hardware, or electrical equipment and conduit associated with the production of electrical energy.

SOLAR ENERGY SYSTEM – A combination of both solar panels and solar energy equipment.

SOLAR PANEL – A device capable of collecting and converting solar energy into electrical energy.

The following section shall be added to Article VI of the Macedon Town Code, which shall read as follows:

§135-29.1. Solar as Accessory Use / Structure.

A. Roof-Mounted Systems. Roof-mounted systems are permitted as an accessory use in all zoning districts when attached to lawfully permitted principle uses and accessory structures, subject to the following requirements:

(1) Height. Solar energy systems shall not exceed maximum height restrictions within any zoning district and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

(2) Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district.

(3) Aesthetics. Solar installations shall incorporate the following design requirements:

(a) Solar energy equipment shall be installed inside walls and attic spaces to reduce their visual impact. If solar energy equipment is visible from a public right of way, it shall match the color scheme of the underlying structure.

(b) Panels facing the front yard must be mounted at the same angle as the roof’s surface with a maximum distance of 18 inches between the roof and highest edge of the system.

B. Ground-Mounted Systems. Ground-mounted solar energy systems are permitted as an accessory structure in all zoning districts, subject to the following requirements:

(1) All ground-mounted solar panels in residential districts shall be installed in the side yard or rear yard.

(2) Lot size. Ground-mounted solar panels are only permitted on lots of 1 acre or greater.

(3) Setback. Ground-mounted solar panels are subject to setback requirements of the underlying zoning district.

(4) Height. Solar panels are restricted to the following heights when located at the following setbacks:

Ground-mounted Height and Setback Requirements
Setback	Permissible Height
6-10 feet	6 feet
>10-15 feet	12 feet
>15 feet	15 feet

All height measurements are to be calculated when the solar energy system is oriented at maximum tilt.

(5) Lot Coverage. The surface area of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations.

The following section is hereby added to Article XXI of the Macedon Town Code, which shall read as follows:

§ 135-182.3. Solar as a Principal Use.

Large-scale solar systems are permitted through the issuance of a special-use permit within the AR-40 Agricultural/Residential, GC General Commercial, and ORM Office/Research/Manufacturing districts, subject to the following requirements:

A. Height and setback. Large-scale energy systems shall adhere to the height and setback requirements of the underlying zoning district. Additional restrictions may be imposed during the special-use permit process.

B. Large-scale systems shall be located on lots with a minimum lot size of 10 acres.

C. All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner’s contact information shall be placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined by the special-use permit process.

D. On-site electrical interconnection lines and distribution lines shall be placed underground, unless otherwise required by the utility.

E. The removal of existing vegetation is limited to the extent necessary for the construction and maintenance of the solar installation.

F. No large-scale solar energy system shall be installed within 1,000 feet of a state road.

G. No large-scale solar energy system shall be installed on a property adjacent to a property containing a dwelling unit unless the large-scale solar energy system is more than 500 feet from the neighboring dwelling unit and set-back at least 100 feet from the property line.

H. Additional special-use permit requirements. Large-scale solar system special-use permits shall not be approved unless the applicant provides the following:

(1) Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

(2) Name, address, and contact information of the applicant, property owner(s), and agent submitting the proposed project.

(3) If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

(4) Site Plan. Site plan approval is required.

(5) Blueprints signed by a Professional Engineer or Registered Architect of the solar installation showing the layout of the system.

(6) The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and invertors that are to be installed.

(7) Property Operation and Maintenance Plan. A property operation and maintenance plan is required, describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.

(8) Decommissioning Plan.

(a) To ensure the proper removal of large-scale systems, a decommissioning plan shall be required. The plan shall include the removal of all infrastructures and the remediation of soil and vegetation back to its original state prior to construction, unless otherwise permitted. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a Professional Engineer or contractor. Cost estimations shall take into account inflation.

(b) Financial Surety. A form of surety, through escrow, bond or the equivalency thereof, shall be established prior to the commencement of construction to cover the cost of decommissioning the site. The amount of surety required by the Town shall not exceed 125 percent of the cost of decommissioning.

Effective Date:

This Local Law shall take effect immediately upon filing with New York State Secretary of State.

8:00 PUBLIC HEARING – FIRE PROTECTION DISTRICT

RESOLUTION NO. 98 (2017) WAIVE READING OF THE LEGAL NOTICE

RESOLVED the Board waives reading of the legal notice published in the March 12, 2017 issue of the Times.

MOTION BY BABCOCK, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

All persons desiring to be heard, having heard none, the public hearing was closed.

RESOLUTION NO. 99 (2017) PUBLIC HEARING CLOSED

RESOLVED the Public Hearing be close at 8:35 pm

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 100 (2017) A LOCAL LAW ESTABLISHING FIRE PROTECTION DISTRICT

WHEREAS, on March 15, 2016, the voters of the Village of Macedon elected to approve the Village’s Plan for Dissolution, which requires the Village to dissolve before April 1, 2017; and

WHEREAS, to enable the Town to contract for fire protection on behalf of the residents residing in the dissolving Village, the Town desires to establish a fire protection district which shall include all parcels of land currently within the incorporated limits of the Village of Macedon; and

WHEREAS, by resolution duly adopted on March 9, 2017, the Town Board directed that a public hearing be had on the creation of a Fire Protection District in the Town of Macedon within the territory currently within the incorporated limits of the to-be-dissolved Village Macedon, and

WHEREAS, the Town Clerk caused a notice of such public hearing to be published on in the Times of Wayne County a newspaper having general circulation throughout the proposed district and being the newspaper designated by this Town Board for the publications of the legal notices of the Town, and such notice having been published not less than ten (10) days, nor more than twenty (20) days before the day designated therein for the hearing, and the said Town Clerk also posted such notice on the Town signboard, located within the proposed protection district, and the Town website, not less than ten (10), nor more than twenty (20) days before the day designated for the hearing, and

WHEREAS, the published notice and also the posted notices contained a description of the proposed Fire Protection District and prescribed the boundaries thereof and also the place where the Town Board would meet to consider the creation of said district and to hear all persons interested in the subject concerning the same, and

WHEREAS, this Town Board did meet and hold a public hearing as provided in said notice on March 23, 2017 at 8:00 p.m. at the Macedon Town Hall, to consider the creation of the fire protection district, which shall include all parcels of land currently within the incorporated limits of the Village of Macedon; and

NOW, THEREFORE, upon all the evidence given at such public hearing and due deliberation having been had,

BE IT RESOLVED, that pursuant to Article 11 of the Town Law of the State of New York, it is hereby determined that it is in the public interest to create the Fire Protection District proposed in the notice of hearing, and there hereby is established a Fire Protection District within the Town of Macedon, Wayne County, New York, to be known as the “Hamlet of Macedon Fire Protection District” and to be contained in the territory embraced within boundaries of the incorporated Village of Macedon to be dissolved on March 31, 2017; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners within the proposed protection district are benefited thereby; and

BE IT FURTHER RESOLVED, the Town Board hereby finds and determines that all the property and property owners benefited are included within the limits of the proposed district; and

BE IT FURTHER RESOLVED, the Town Clerk shall cause a certified copy of this resolution to be duly recorded in the Wayne County Clerk’s Office, and shall, within ten (10) days, cause a certified copy of this resolution to be filed in the State Department of Audit and Control at Albany, New York.

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 101 (2017) PAL-MAC ROTARY DONATION

RESOLVED the Town Board accepts two donated handicap accessible picnic tables from Pal-Mac Rotary to be used at Gravino Park and Bullis Park.

MOTION BY BABCOCK, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 102 (2017) SURPLUS EQUIPMENT

RESOLVED the Town Board authorizes the Highway Superintendent to send to Palmyra Municipal Auction on Saturday, May 13, 2017 the following highway equipment:

2001 Sterling 10 Wheeler – VIN #2FZHAZASX1AH934313 and

1998 Dodge 3500 1-Ton – VIN #3B6MF3659WM234507

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 103 (2017) HIGHWAY APPOINTMENT – COTTRELL

RESOLVED the Town Board authorizes Christopher Countryman, Highway Superintendent, to hire Roy S. Cottrell as a full-time highway employee effective April 3, 2017 at the rate of pay of $19.00/hour.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 104 (2017) TOWN CLERK’S BOOKS PRESENTED TO THE BOARD
RESOLVED the Town Board acknowledges the Town Clerk submitted her cashbook, receipt books, bank statements, cancelled checks, monthly reports, check book and annual report to the board for examination.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 105 (2017) ADVISORY BOARD FOR WASTE MANAGEMENT FOR THE LDC

RESOLVED the Board appoint the following members to serve the Advisory Board for the LDC. William Hammond, Paul Kenyon, John Colella, Richard Roets and Dave McEwen. The committee will review the process of obtaining methane allocated by Waste Management for the purpose of developing electrical generating stations.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 106 (2017) COST SHARING/REIMBURSEMENT AGREEMENT

RESOLVED the Board authorizes the Supervisor to sign the WCWSA Agreement for the distribution for the cost of the study pending final determination of the EDU’s for Burnham Heights.

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 107 (2017) TRANSITION LANDSCAPE CONTRACT

RESOLVED the Board authorizes the Supervisor to sign the contract with Transition Landscape and Design.

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

ABSTRACT NO.418 March (B) 2017 Regular Bills

2017 #20175415 $1625.10

2017 #20175416-20175422 $1513.48

ABSTRACT NO. 420 March (D) 2017

2017 #20175423-20175487 $125,574.46

RESOLUTION NO. 108 (2017) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

Round Table:

Supervisor Pagano stated that the Town of Macedon is holding a shredding event for all the residents of Macedon. The event is being sponsored by Lyons National Bank and will be held on April 28, 2017 from 3:00 – 6:00 pm at the Town Hall.

Mayor Murray presented to the Town a check in the amount of $727,500 for the following special districts:

- Leaf and Brush District

- Street Lighting District

- Sidewalk District

- Bullis Trust Fund

The Town of Macedon and the Village of Macedon entered into a joint meeting at 8:58pm

RESOLUTION NO. 109 (2017) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 9:56 p.m. to discuss personnel

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 110 (2017) APPOINTMENT – BROCK

RESOLVED the Town Board appoints William Brock to a part time temporary position at a pay rate of $23.63 per hour. Total number of hours to not exceed 32 hours commencing April 3, 2017 through April 14, 2017.

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 111 (2017) RECREATION DIRECTOR – NORSEN

RESOLVED effective December 17, 2016 Recreation Director Jeremy Norsen has successfully passed the civil service Recreation Director test and will be placed on a 6 month probation as Recreation Director.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 112 (2017) HIGHWAY APPOINTMENT – DEMAY

RESOLVED the Town Board authorizes Christopher Countryman, Highway Superintendent, to hire Joshua DeMay as a full-time highway employee effective April 3, 2017 at the rate of pay of $15.00/hour.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

MOTION BY BABCOCK, SECONDED BY MCEWEN THE MEETING BE ADJOURNED AT 10:06 PM.

Karrie M. Bowers

____________________________

Karrie M. Bowers

Macedon Town Clerk