NO

June 8, 2017

The Regular Meeting of the Town Board of the Town of Macedon held June 8, 2017 at the Town Complex, 32 Main Street, in the Town of Macedon 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
Highway Superintendent	Christopher Countryman
Police Chief	John Colella
Town Clerk	Karrie Bowers
Town Engineer	Scott Allen

RESOLUTION NO. 146 (2017) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes from the May 25, 2017 (regular meeting)

MOTION BY BABCOCK, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

Reports:

May Town Clerk Report

May Police Report

RESOLUTION NO. 147 (2017) APPROVAL OF REPORTS

RESOLVED the Board approves the reports as submitted

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 148 (2017) RESIGNATION – BUSH

RESOLVED the Board accepts the resignation for the purpose of retirement for Susan Bush, Building Clerk effective June 29, 2017. The Town Board would like to Thank Susan for all her years of service with the Town of Macedon.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 149 (2019) RESIGNATION – HAMELL

RESOLVED the Board accepts the resignation for the purpose of retirement for June Hamell, effective July 1, 2017. The Town Board would like to Thank June for all her years of service with the Town of Macedon.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 150 (2017) PERSONNEL – HAMELL

BE IT RESOLVED that June Hamell be appointed to the position of Historian effective July 3, 2017.

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 151 (2017) ADVANCE ACCOUNTING SCHOOL – DEPAUW

RESOLVED the Town Board approves Sandy DePauw to attend training in Batavia in October for Advanced Accounting School, Principles and Procedures. Cost of $85 and an additional $180.33 for previous training for mileage and tolls reimbursement. This is to be expensed from A1320.4

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 152 (2017) PERSONNEL – SCHUTT

RESOLVED the Macedon Town Board hire Brandi Schutt as Clerk Typist for the Building & Zoning Department for a probationary period of 26 weeks.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 153 (2017) RECREATION DIRECTOR – NORSEN

RESOLVED that Jeremy Norsen be appointed as a permanent Recreational Director, as he has completed his 26 week probationary period.

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 154 (2017) SUBJECT TO PERMISSIVE REFERENDUM

WHEREAS, the Town Highway Superintendent has recommended that the Town purchase a 2018 Volvo dump truck to address the general demands of the Town’s highways; and

WHEREAS, the County of Onondaga bid (Reference Number 7823) and awarded a contract to Conway Volvo Inc., dated June 26, 2013 to June 23, 2018, to furnish trucks (heavy duty class 8) cab-chassis type W dump bodies, snow plows and associated options and accessories as specified (hereinafter “Onondaga County Bid”), and

WHEREAS, the Onondaga County Bid provides that all municipal entities authorized under the General Municipal Law to purchase of said goods under the contract, and

WHEREAS, the Town currently maintains a reserve account, DA 0232, for the purpose of purchasing general Highway equipment; and

BE IT RESOLVED, the Town Board hereby authorizes the purchase of the 2018 Volvo dump truck for a total purchase price of $217,577.04; and it is further

RESOLVED, to finance the purchases of the 2018 Volvo dump truck, the Town Board hereby authorizes the expenditure of $97,577.04 from fund DA 0232; and it is further

RESOLVED, this resolution is adopted subject to a permissive referendum pursuant to General Municipal Law §6-c; and it is further

RESOLVED, that the Town Clerk shall publish and advertise this resolution as subject to permissive referendum in the manner prescribed the New York State Law.

MOTION BY MCEWEN, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 155 (2017) LOCAL LAW #2-2017 – SOLAR ENERGY SYSTEMS - SEQRA NEGATIVE DECLARATION

WHEREAS, the Town of Macedon Local Law #2 of 2017 was introduced, proposing amendment of Chapter 135 to incorporate Zoning Regulations for Solar Energy Systems,

AND WHEREAS, the Town Board held a public hearing regarding the proposal over a series of several Town Board meetings,

AND WHEREAS, the purpose of this Local Law is to enact zoning regulations to permit and regulation the installation of solar energy systems in the Town of Macedon,

BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

1. The proposed action is subject to the State Environmental Quality Review Act.

2. The proposed action does not involve a Federal agency.

3. The proposed action does not involve other agencies.

4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Type 1.

5. As a Type 1 action, a Long Form EAF has been prepared by the Town Engineer to determine the significance of the proposed action.

6. The proposed action is not located in a coastal area.

7. The proposed action is partially located in an agricultural district.

8. A non-coordinated review for Type 1 actions involving a single agency has been performed.

9. The Macedon Town Board is the lead agent.

10. The Macedon Town Board hereby determines that the proposed action is in general conformance with the adopted town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.

11. In reaching this finding, the Town Board has:

(a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

(b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

(c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

(d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

12. In determining significance, the Town Board has determined whether the proposed Type 1 Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

(a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

(b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

(c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

(d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

(e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

(f) A major change in the use of either the quantity or type of energy;

(g) The creation of a hazard to human health;

(h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

(i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

(j) The creation of material demand for other actions that would result in one or the above consequences;

(k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

(l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

(a) Included in any long range plan of which the action under consideration is a part;

(b) Likely to be undertaken as a result thereof, or

14. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

(a) Its setting (e.g., urban or rural);

(b) Its probability of occurrence;

(d) Its irreversibility;

(e) Its geographic scope;

(f) Its magnitude; and

(g) The number of people affected.

MOTION BY MAUL, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 156 (2017) LOCAL LAW NO. 2 OF 2017 - A LOCAL LAW ESTABLISHING ZONING REQUIREMENTS FOR SOLAR ENERGY SYSTEMS

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.

PRINCIPAL USE 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 principal 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 principal 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 calculations.

C. Building Integrated Photovoltaic (BIPV). BIPV materials shall be permitted in all zoning districts.

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.

Principal Use 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. Principal Use 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. Principal Use Systems shall be located on lots with a minimum lot size of 10 acres.

C. All Principal Use 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 Principal Use System shall be installed within 1,000 feet of a state road.

G. No Principal Use System shall be installed on a property adjacent to a property containing a dwelling unit unless the Principal Use 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. Principal Use 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 Principal Use 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) To protect the Town from the expense of removing the Principal Use System should the system be abandoned before being properly decommissioned in accordance with the decommissioning plan, the permittee shall be required to provide a form of surety, through escrow, bond, or the equivalency thereof, in the amount and manner deemed appropriate by the Town Board at the time the Special Use Permit is authorized.

Effective Date:

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

RESOLUTION NO. 157 (2017) SPECIAL DISTRICT MAPPING PROPOSAL

RESOLVED the Town Board authorizes the Supervisor to sign proposal with Novara GeoSolutions for the creation of special district maps and supporting Geographic Information Systems (GIS) data files dated December 1, 2016 not exceed $9500.

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

Roundtable:

A Resident had asked who they would need to contact regarding street lights that are out on Crest Ave and Erie Street. Highway Superintendent stated that he will contact the appropriate people to get the lights fixed

ABSTRACT NO.429 June (A) 2017 Early Bills

2017 #20175902-20175916 $6,912.13

ABSTRACT NO. 430 June (B) 2017 Regular Bills

2017 #20175917-20175983 $68,140.50

Total Bills $75,052.63

RESOLUTION NO.158 (2017) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY KENYON, SECONDED BY MCEWEN

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 159 (2017) EXECUTIVE SESSION

RESOLVED the Board enter Executive Session at 8:29 pm to discuss contracts.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 160 (2017) KOCHER SURVEYOR

RESOLVED the Town Engineer is authorized to engage Kocher Surveyor to survey the Village Main Street Water Project. Cost to be negotiated with the Surveyor.

MOTION BY MCEWEN SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

MOTION BY MCEWEN, SECONDED BY BABCOCK THE MEETING BE ADJOURNED AT 10:55PM.

Karrie M. Bowers

___________________________

Karrie M. Bowers

Macedon Town Clerk