NO

April 27, 2017

The Regular Meeting of the Town Board of the Town of Macedon held April 27, 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	Anthony Villani
Fire Marshal	Jeremiah Shufelt
Highway Superintendent	Christopher Countryman
Police Chief	John Colella
Town Engineer	Scott Allen
Town Clerk	Karrie Bowers

RESOLUTION NO. 119 (2017) APPROVAL OF MINUTES

RESOLVED the Board approves the minutes from the April 13, 2017 (regular meeting)

MOTION BY KENYON, SECONDED BY BABCOCK

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

PAGANO AYE, MOTION CARRIED

The Board would like to take a moment to acknowledge the passing of two Macedon residents

Donald Kneeland

Eugene Keukelaar

Eugene Keukelaar was a life time member at the Macedon Fire Department for over 68 years, he was also a former member and past Commander of the American Legion Philip Steiger Post 494 in Macedon. Mr. Keukelaar was the Village of Macedon Dog Catcher and was hired as the Village Judge on April 1, 1985 and worked as the Judge until July 31, 2005.

RESOLUTION NO. 120 (2017) HIGHWAY EQUIPMENT PURCHASE – 2017 CATERPILLAR 938M WHEELED LOADER

RESOLVED the Town Board authorizes Christopher Countryman, Highway Superintendent, to lease a 2017 Caterpillar 938M Wheeled Loader for a total price of $171,034 with a five (5) year municipal lease with annual payments of $36,416,97 to be expensed from DA5110.401

MOTION BY MAUL, SECONDED BY KENYON

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

PAGANO AYE, MOTION CARRIED

Roundtable:

Highway Superintendent Christopher Countryman stated that the highway department is about 80% complete with spring cleanup throughout the Town.

*Just a reminder that the 1^st & 3^rd Monday of every month will be brush and leaf pickup for the former Village residents.

Councilman Kenyon would like to thank the highway for all their hard work with all the clean up around the Town.

* Wayne County Law Enforcement Pharmaceutical Collection

On April 29, 2017 from 10 a.m. to 2 p.m. at the Macedon Public Safety Building at 1620 Wayneport Rd, Macedon. We will offer the opportunity to prevent drug abuse and theft of expired, unused, and unwanted prescription drugs from their homes.

The service is free and anonymous, no questions asked. Law enforcement will be at all locations to receive and dispose of old and/or no longer used medication and prescription drugs.

*Shredding Event – April 28^th at the Town Hall parking lot from 3:00p – 6:00p

Resident addressed the Board with concerns regarding the following intersections.

Alderman Rd & Route 31

Wilson Rd & Route 31

Supervisor Pagano stated that the Town is looking into the concerns of the intersections

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

RESOLUTION NO. 121 (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 been heard, the public hearing was closed.

RESOLUTION NO. 122 (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

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.

Reports:

March Town Clerk Report

Quarterly Library Report

RESOLUTION NO. 123 (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

ABSTRACT NO.422 April (B) 2017 Regular Bills

2017 #20175647-20175650 $946.85

2017 #20175651 $1268.87

VOID & REISSUE VERIZON

2017 #20175655-20175720 $150,019.37

RESOLUTION NO. 124 (2017) PAYMENT OF CLAIMS

RESOLVED the bills be paid as audited.

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

RESOLUTION NO. 125 (2017) EXECUTIVE SESSION

RESOLVED the Board enters Executive Session at 8:35 p.m. to discuss personnel/contracts

MOTION BY KENYON, SECONDED BY MAUL

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

PAGANO AYE, MOTION CARRIED

MOTION BY BABCOCK, SECONDED BY MAUL THE MEETING BE ADJOURNED AT 9:34 PM.

Karrie M. Bowers

____________________________

Karrie M. Bowers

Macedon Town Clerk