MANCHESTER TOWN BOARD – REGULAR MEETING – NOVEMBER 14, 2017

 

PUBLIC HEARINGS: 2018 PRELIMINARY BUDGET – 6:00 P.M.
: PROPOSED LOCAL LAW RE: SOLAR FARMS – 6:10 P.M.

The Regular Monthly Meeting of the Manchester Town Board was held tonight, November 14th, 6:00 p.m. at the Manchester Town Hall with the following members present:
Jeffery Gallahan Supervisor
Donald Miller, Jr. Councilman
David Phillips Councilman
*Douglas Davis, Former Councilman, resigned as of Sept. 2017.
OTHERS PRESENT: JoAnn Henry, Town Clerk; Steve DeHond, Code Enforcement Officer; Wayne Holtz, Highway/Water Superintendent; Vince Fischer, Assessor; Janis Catalano, Bookkeeper; Kevin Blazey and Matt Schaertl, Town Residents.
ABSENT: Charles Denosky, Jr.,Councilman.
CALL TO ORDER: Supervisor Gallahan called the November 14th Regular Board meeting to order / opened at this time, 6:00 p.m.

PUBLIC HEARING FOR THE 2018 PRELIMINARY BUDGET OPENED:
Supervisor Gallahan opened the Public Hearing re: the 2018 Preliminary Budget at this time, 6:00 p.m. The legal notice for this Public Hearing was published in the Daily Messenger (10/31/17) and posted at the Town Hall as follows:
LEGAL NOTICE TOWN OF MANCHESTER RESIDENTS
NOTICE OF PUBLIC HEARING UPON 2018 PRELIMINARY BUDGET, SPECIAL ASSESSMENT ROLL, EXEMPTION REPORT AND REGULAR MONTHLY MEETING, NOVEMBER 14th, 2017, 6:00 P.M.

  NOTICE is hereby given that the preliminary budget, special assessment roll and exemption report of the Town of Manchester for the fiscal year beginning January 1st, 2018, has been completed and filed in the office of the Town Clerk at 1272 Co. Rd. 7, Clifton Springs, N.Y., where it is available for inspection by any person at all reasonable hours.

   FURTHER NOTICE is hereby given that the Town Board of the Town of Manchester will meet and review said preliminary budget and hold a public hearing thereon, at the Manchester Town Hall at 6:00 p.m. on the 14th day of November, 2017, and that at such hearing, any person may be heard in favor of or against the preliminary budget as compiled or for or against any item or items therein contained.

   FURTHER NOTICE is hereby given, pursuant to Section 108 of the Town Law, that the following are the proposed yearly salaries of Town Officials of this Town to wit:

Supervisor (Includes Budget Officer)            $20,523.00
Councilman:                                                  $  3,479.00
Councilman:                                                  $  3,479.00
Councilman:                                                  $  3,479.00
Councilman:                                                  $  3,479.00
Town Clerk/Tax Collector:                             $54,134.00
Town Highway Superintendent:                    $66,615.00

BY ORDER OF THE TOWN BOARD
DATED: October 26, 2017
JoAnn C. Henry, Town Clerk

Supervisor Gallahan asked if anyone wished to speak regarding the 2018 Budget.
Matt Schaertl had the following questions regarding the proposed budget:
1) Is there any funding set in the budget for the Water Street bridge/culvert replacement?
Supervisor Gallahan: No, we are currently seeking grant funding for that project.
Matt Schaertl: There was a similiar bridge replacement project done in Cheektowaga and the cost was $67,000. I don’t understand why the proposed cost from the County was so high.
Mr. Schaertl will email Supervisor Gallahan the information that was used for that project.

Mr. Schaertl discussion continued:
2) In regard to the “sidewalk” district along Shortsville Road, a year ago the survey to the residents in that area was done, and no one has received a response from the Town regarding the request.
Supervisor Gallahan: I have been working with the County to get an estimate for that project, and do not have any costs as of this date. The residents will be notified when the estimate is received.

Matt Schaertl: Questioned re: the Comprehensive Plan, if there is a developer that wants to expand near the Roundhouse area, or other vacant areas in the Town outside Village, will they be able to?
Supervisor Gallahan: Currently the Roundhouse area is in the EPA Stage No. 2. It would possibly be 2 to 5 years before anyone could build there.
Matt Schaertl: If an area is made to be an incentive area, you may attract more building, housing &/or companies.
Supervisor Gallahan: After the brownfield is done / gone, possibly. It is a ludicrous process. The DEC put a lien on the property, the EPA has been a good help with the project. Temporary incidents of ownership needs to be established as well.

Supervisor Gallahan asked if anyone else wished to speak regarding the 2018 Preliminary Budget.
Supervisor Gallahan presented the following changes / amendments to be made to the 2018 Preliminary budget, which were based upon the recommendation of the State Comptroller and agreed upon by this Board as follows:
In A General Fund Townwide Lower Appropriations by removing
A8160.1 – 16,480.00
A8160.2 – 10,000.00
A8160.2R –10,000.00
A8160.4 – 12,000.00

Total to remove from General Appropriations will be 48,480.00
In A General Fund Townwide lower Revenues by removing
A2130 – 32,500.00

These figures will now be represented in the newly created CR Refuse and
Garbage Fund Appropriations and Revenues accounts.

ALSO, in A Fund –Raise A1001 Property Taxes by 15,000.00 to help offset Fund Balance
ALSO, in SW5 Central Manchester Water District lower SW5-9901.9 by 10,000.00
and in B General Fund – Outside Village lower B9901.9 by 300.00

These 2 changes will correct Interfund Transfers to the correct budgeted amounts.

FYI: The total increase for 2018 will be an approximate increase of 6.8%.


PUBLIC HEARING RE: 2018 PRELIMINARY BUDGET CLOSED: Supervisor Gallahan asked if anyone else wished to speak regarding the 2018 Budget, repeated three (3) times, hearing none, the Public Hearing re: the 2018 Preliminary Budget was closed at this time, 6:15 p.m.

PUBLIC HEARING RE: PROPOSED LOCAL LAW / SOLAR ENERGY SYSTEMS OPENED:
Supervisor Gallahan opened the Public Hearing re: the Proposed Local Law for Solar Energy Systems at this time, 6:15 p.m. The legal notice for this Public Hearing was published in the Daily Messenger (10/31/17) and posted at the Town Hall as follows:


PUBLIC HEARING RE: PROPOSED LOCAL LAW / SOLAR ENERGY SYSTEMS CONT:

TOWN OF MANCHESTER
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Manchester on the 14th day of November, 2017, at 6:10 p.m., at the Manchester Town Hall, 1272 County Road 7, Town of Manchester, New York, regarding the adoption of a Local Law which would amend the Town of Manchester Zoning Local Law by adopting new regulations pertaining to solar energy systems. This new law would adopt new definitions and regulations pertaining to solar energy systems.

Any resident of the Town of Manchester shall be entitled to be heard upon said proposed Local Law at such public hearing. Copies of said proposed Local Law are available for review at the Town of Manchester Town Hall, 1272 County Road 7, Town of Manchester, New York.
This by Resolution of the Town Board of the Town of Manchester.
JoAnn Henry, Town Clerk

PUBLIC HEARING CLOSED / REGULAR BOARD MEETING OPENED: Supervisor Gallahan asked if anyone wished to speak regarding the Proposed Local Law for Solar Energy Systems.
Steve DeHond informed the Board that the potential environmental impacts dealing with the Solar Code have all been reviewed, they are all moderate / minimal. Mr. DeHond also briefly reviewed the SEQRA form with the Board at this time.
Supervisor Gallahan asked if anyone else wished to be heard, repeated three (3) times, hearing none, closed the Public Hearing and opened the Regular Meeting at this time, 6:20 p.m.
RESOLUTION #132 – APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 10th, 2017 AS SUBMITTED.
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent
RESOLVED, to approve the minutes from the Regular Meeting held on October 10th, 2017 as submitted.


RESOLUTION #133 – APPROVAL OF SUPERVISOR’S MONTHLY FINANCIAL STATEMENT
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:

VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent
RESOLVED, to approve the Supervisor’s Monthly Report as submitted. See minute book attachment for report.


RESOLUTION #134–APPROVAL OF TOWN CLERK’S MONTHLY REPORT
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent
RESOLVED, to accept the Town Clerk’s report as follows:
— 107 Dog Licenses (105 N & R; 1-PB; 1-Exmt) $ 1,471.00
— State Surcharge Fees 167.00
— Transfer Station 3,199.18
— Zoning Fees 4,227.15
— DEC Licenses 1,639.00
— Bingo Proceeds 54.90
— 5 Certified Copies (3-D;2-M) 50.00
— Photocopies 2.00

TOTAL COLLECTED————————— $ 10,810.23
PAID TO NYSDEC—————————— $ 1,565.34
PAID TO STATE——————————— $ 167.00
PAID TO SUPERVISOR (TOWN)———– $ 9,077.89


Supervisor Gallahan received and reviewed the following correspondence with the Board at this time (See minute book attachment for all correspondence):

11/01, Town Clerk’s Monthly Report, October 2017.

11/06, Supervisors Monthly Report, 09/30/17 to 10/31/17.

11/06, Russ Welsor, Cornell Cooperative extension, notification of E-Waste Collection day, 12/02/17 at the Town of Bristol Highway Facility for any Ontario County Residents.

10/25, Village of Shortsville, school crossing light maintenance fee payment rejected.

10/30, Trillium Health, Julia Ritzler-Shelling, Director re: syringe exchange program.

10/30, Bank account collateralization report dated September 30th, 2017.

10/19, Raymond F. Wager, letter re: merging with Mengel Metzger Barr & Co. LLP.

10/09, Lori Reals, Clifton Springs Fire Dept. monthly report(s) July, August and September.

11/01, Village of Manchester Fire Dept. report, 01/01/2017-09/30/2017.

ADDENDUM ITEMS: –Copy of the Transfers for this meeting.
–Copy of the Budget Amendments for 2017.

Councilman Phillips asked about the payment rejection letter from the Village of Shortsville re: the Crossing Lights fee. Supervisor Gallahan informed the Board that if the Village of Shortsville refuses to pay one-third of the billing, the total billing would then be paid: 1/3rd of the cost by the Village of Manchester and 2/3rds would be paid by the Town of Manchester, even though the majority of students crossing there were from the Village(s). It is a safety concern.

RESOLUTION #135 – TO APPROVE THE 2018 PRELIMINARY BUDGET, AS AMENDED, TO BECOME THE 2018 BUDGET FOR THE TOWN OF MANCHESTER
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent

RESOLVED, to approve the Amendments made to the Preliminary Budget, and approve that Preliminary Budget to become the 2018 Budget for the Town of Manchester.

**See pages following this meeting for the 2018 Budget.

RESOLUTION #136 – RESOLUTION OF THE TOWN BOARD OF THE TOWN OF MANCHESTER, ONTARIO COUNTY, NEW YORK,
DETERMINATION OF SIGNIFICANCE – LOCAL LAW NO. 3 OF 2017

On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent

WHEREAS, the Town of Manchester Town Board, hereinafter referred to as Town Board, has determined Local Law No. 3 of 2017 to be a Type I action under the State Environmental Quality Review (SEQR) Regulations, and,

WHEREAS, the Town Board has reviewed and accepted the Environmental Record prepared on said action, and

WHEREAS, the Town Board has considered the potential impacts associated with said action.

NOW, THEREFORE, BE IT RESOLVED THAT the Town Board makes this Determination of Non-Significance based upon: the Long Form Environmental Assessment Form, Parts 1 and 2, prepared for this action, Town Board Public Hearing Record on said action; and, the Environmental Record prepared on said action.

BE IT FURTHER RESOLVED THAT, the Town Board makes this Determination of Non-Significance based on the following reasons supporting this determination:

1. The Town Board considered the action as defined in subdivisions 617.2(b) and 617.3(g) of Part 617 of the SEQR Regulations; and,
2. The Town Board did review the EAF, the criteria contained in subdivision (c) of 617.7 and other supporting information to identify the relevant areas of environmental concern; and,
3. The Town Board did thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have significant adverse impact on the environment; and
4. The Town Board did set forth its determination of significance in written form containing a reasoned elaboration and providing reference to all supporting documentation.


I, JoAnn C. Henry, Town Clerk of the Town of Manchester do hereby certify that the aforementioned resolution was adopted by the Town Board of the Town of Manchester on November 14, 2017, by the following vote:

Aye Nay

Jeffery L. Gallahan _X_ ___
David Phillips _X_ ___
Charles M. Denosky, Jr. Absent
Donald E. Miller, Jr. _X_ ___


Dated: November 15, 2017 ______________________________
JoAnn C. Henry, Town Clerk
SEAL

RESOLUTION #137 – RESOLUTION AUTHORIZING ADOPTION BY THE TOWN BOARD OF THE TOWN OF MANCHESTER OF A LOCAL LAW TO AMEND THE TOWN OF MANCHESTER ZONING LOCAL LAW TO ADOPT REGULATIONS PERTAINING TO SOLAR ENERGY SYSTEMS
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent

WHEREAS, a resolution was duly adopted by the Town Board of the Town of Manchester for a public hearing to be held by said Town Board on November 14, 2017, at 6:10 p.m. at the Manchester Town Hall, 1272 County Road 7, Manchester, New York, to hear all interested parties on a proposed Local Law to Amend the Town of Manchester Zoning Local Law to Adopt Regulations Pertaining to Solar Energy Systems; and

WHEREAS, notice of said public hearing was duly advertised in the official newspaper of the Town of Manchester, on October 31, 2017 and all other notices required by law to be given were properly served, posted or given; and

WHEREAS, said public hearing was duly held on November 14, 2017, at 6:10 p.m. at the Manchester Town Meeting Hall, 1272 County Road 7, Manchester, New York, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said Proposed Local Law, or any part thereof; and

WHEREAS, pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the Town Board that adoption of said Local Law would not have a significant effect upon the environment and could be processed by other applicable governmental agencies without further regard to SEQR; and

WHEREAS, the Town Board of the Town of Manchester, after due deliberation, finds it in the best interest of the Town of Manchester to adopt said Local Law.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Manchester hereby adopts said Local Law No. 3 of 2017, entitled, “A Local Law to Amend the Town of Manchester Zoning Local Law to Adopt Regulations Pertaining to Solar Energy Systems”, a copy of which is attached hereto and made a part hereof, and be it further

RESOLVED, that the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Manchester, to give due notice of the adoption of said local law to the Secretary of State of New York, to publish an abstract of this local law in the Town’s official newspaper and to post a copy of this local law on the Town of Manchester sign board.

I, JoAnn C. Henry, Town Clerk of the Town of Manchester do hereby certify that the aforementioned resolution was adopted by the Town Board of the Town of Manchester on November 14, 2017, by the following vote:

Aye Nay

Jeffery L. Gallahan _X_ ___
David Phillips _X_ ___
Charles M. Denosky, Jr. Absent
Donald E. Miller, Jr. _X_ ___


Dated: November 15, 2017 ______________________________
JoAnn C. Henry, Town Clerk
SEAL

Town of Manchester
Local Law No. 3 of the year 2017
A Local Law to Amend the Town of Manchester Zoning Local Law to Add Regulations Pertaining to Solar Energy Systems

Be it enacted by the Town Board of Manchester as follows:
Section 1. Article V of the Zoning Law of the Town of Manchester is hereby amended with the addition of a new Section 325-44.1 to read as follows:

§ 325-44.1 Solar energy systems
A. Purpose.
Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this chapter is to facilitate the development and operation of renewable energy systems based on sunlight. Solar energy systems are appropriate in all zoning districts when measures are taken, as provided in this chapter, to minimize adverse impacts on neighboring properties and protect the public health, safety and welfare.
B. Definitions.
As used in this section, the following terms shall have the meanings indicated:

MAJOR SOLAR COLLECTION SYSTEM or SOLAR FARM

An area of land or other area used for a solar collection system, other than a minor or accessory solar collection system, principally used to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to or receive a credit from a public utility entity, but also may be for on-site use. Solar farm facilities consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

MINOR OR ACCESSORY SOLAR COLLECTION SYSTEM

A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat, secondary to the use of the premises for other lawful purposes, with the total surface area of all solar collectors on the lot not to exceed 4,000 square feet.

C. Minor solar collection systems.
1. Rooftop- and building-mounted solar collectors that meet the definition of a minor or accessory solar collection system are permitted as accessory structures in all zoning districts in the Town. Building permits shall be required for installation of rooftop- and building-mounted solar collectors.

2. Ground-mounted and freestanding solar collectors that meet the definition of a minor or accessory solar collection system are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements:
a.  The location of the solar collectors meets all applicable setback requirements of the zone in which they are located.

b.  The height of the solar collectors and any mounts shall not exceed the height restrictions of the zone when oriented at maximum tilt.

c.  The total surface area of all solar collectors on the lot shall not exceed 4,000 square feet and, when combined with all other buildings and structures on the lot, shall not exceed fifty-percent lot coverage.

d.  A building permit has been obtained for the solar collectors.

e.  The solar collectors are located in a side or rear yard.

f.  Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.

3. Where site plan approval is required elsewhere in the regulations of the Town for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors.

4.  All solar collector installations must be performed in accordance with applicable electrical and building codes, the manufacturer’s installation instructions, and industry standards, and prior to operation the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.

5.  When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Ontario County and other applicable laws and regulations.

6.  If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities no later than 90 days after the end of the twelve-month period.

D. Major solar collection systems or solar farms.

1.  Where applicable, and unless more restrictive regulations also apply, the requirements of this chapter shall apply to major solar collection systems or solar farms.

2.  A major solar collection system or solar farm shall be constructed pursuant to a site plan permit from the Town Planning Board and must meet the criteria set forth below and obtain all other necessary approvals.

3.  Areas of potential sensitivity:

a.  One-hundred-year flood hazard zones considered a V or AE Zone on the FEMA Flood Maps.

b.  Historic and/or culturally significant resources in an historic district or historic district transition zone.

c.  Within 100 feet landward of a freshwater wetland.

d.  Adjacent to, or within, the control zone of any airport.

4.  A major solar collection system or solar farm may be permitted in all zoning districts in the Town when authorized by site plan permit from the Planning Board subject to the following terms and conditions.

a.  The total coverage of all buildings and structures on a lot, including freestanding solar panels, shall not exceed 50%.
b.  Height and setback restrictions.

(1)  The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 15 feet in height above the ground.

(2)  The minimum setback from property lines shall be 25 feet except where the property abuts a residential property. The minimum side setback from a residential property shall be 50 feet.

(3) The location of the solar collectors shall meet all applicable setback requirements of the zone in which they are located.

c.  Design standards.

(1)  Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property.

(2)  Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

(3)  All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

(4)  Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.

(5)  All mechanical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum seven-foot-high fence with a self-locking gate and provided with landscape screening. All fencing shall comply to NEC code at a minimum, or additional requirements according to the board.
(6)  A solar farm to be connected to the utility grid shall provide a “proof of concept” letter from the utility company acknowledging the solar farm will be connected to the utility grid in order to sell electricity to the public utility.

(7) Project must be NEC compliant

(8) Site plan must be stamped by licensed engineer

(9)  A landscaped buffer shall be provided around all equipment and solar collectors to provide screening from adjacent residential properties and roads.

d.  Signs.

(1)  A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list the facility name, owner and phone number.

(2)  A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
e.  Abandonment.

(1)  All applications for a major solar collection system or solar farm shall be accompanied by a decommissioning plan to be implemented upon abandonment, cessation of activity or in conjunction with removal of the facility, prior to issuance of a building permit.

(2)  If the applicant begins but does not complete construction of the project within 18 months after receiving final site plan approval, this may be deemed abandonment of the project and require implementation of the decommissioning plan to the extent applicable.

(3)  The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:

(a)  Removal of aboveground and below-ground equipment, structures and foundations.

(b)  Restoration of the surface grade and soil after removal of equipment.

(c)  Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

(d)  The plan shall include a time frame for the completion of site restoration work.

(4)  In the event the facility is not completed and functioning within 18 months of the issuance of the final site plan approval, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.

(5)  Upon cessation of activity of a constructed facility for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or implement the decommissioning plan.

(6)  If the owner and/or operator fails to fully implement the decommissioning plan within the one-hundred-eighty-day time period, the Town may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan and may recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.
Section 2. Severability
If any clause, sentence, paragraph, section or part of this local law or the application thereof to any person, firm or corporation, or circumstance, shall be adjudged 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, section 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 3. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
–Councilman Phillips and the Board Members thanked Steve for all of the work he has done to get the Solar Energy Code updated. KUDOS!!!


HEALTH INSURANCE FUNDS: Supervisor Gallahan asked the Board to set the Health Insurance amounts available for the full-time Town Employees for 2018. The following action was taken.

RESOLUTION #138 – SETTING HEALTH INSURANCE CONTRIBUTION RATES FOR TOWN OF MANCHESTER FULL-TIME EMPLOYEES & HSA REGS
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent
RESOLVED, to approve the Health Insurance Contribution rates for the Town of Manchester to provide to Full-time Employees are set as follows for the 2018 year:
–Employee / Family–$1,347.00/mo.
–Employee & Spouse — $945.00/mo.
–Employee — $473.00/mo.

AND, BE IT FURTHER RESOLVED, the Employees may choose their policy, and any remainder of the Insurance Benefit can be applied to their HSA Account to be used towards additional medical coverage and the HSA would be paid quarterly. In an emergency situation, the money can be applied to the HSA account with a medical doctor’s letter submitted.
If an employee leaves their job within the quarter of the HSA payment, the remainder of that HSA is to be paid back / returned to the Town of Manchester.


RESOLUTION #139 – TO OPT OUT OF PAID FAMILY LEAVE
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent

WHEREAS, this Board does not wish to offer the option for “paid family leave” to the Employees; therefore, it is

RESOLVED, this is not an option for the Town of Manchester and they choose to opt out of a plan for “Paid family leave”.

RESOLUTION #140 – TO APPROVE OF TEMPORARY APPOINTMENT – TOWN JUSTICE ROBERT GOSPER
On motion of Councilman Miller, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent

WHEREAS, Judge Robert Gosper has been filling in as Town Justice, upon the designation from the Seventh Judicial Court System, and he has expressed his interest to continue serving on a temporary basis for the Town of Manchester; therefore, it is

RESOLVED, to approve and appoint Justice Robert Gosper to the temporary position of Town Justice for the Town of Manchester; and the salary will remain as submitted in the Town Budget for the 2018 year at $19,362.00.


–Supervisor Gallahan informed the Board that Municipal Solutions, Inc. (Municipal Financial Advisors) has submitted a two-year contract renewal for general financial services for the Town of Manchester. Review of the Contract and authorization has been discussed, the following action was taken.

RESOLUTION #141 – TO APPROVE THE TWO (2) YEAR AGREEMENT WITH MUNICIPAL SOLUTIONS AND AUTHORIZE SUPERVISOR GALLAHAN TO SIGN THE AGREEMENT ON BEHALF OF THE TOWN OF MANCHESTER
On motion of Councilman Miller, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent
RESOLVED, to approve the two year agreement, as submitted for general financial services from Municipal Solutions for the Town of Manchester; and it is
FURTHER RESOLVED, to authorize Supervisor Gallahan to sign the “Agreement” on behalf of the Town of Manchester.

COMPREHENSIVE PLAN UPDATE: Supervisor Gallahan informed the Board that Jaylene Folkins has the Comprehensive Plan ready to be submitted for the Public Hearing to be set. Some of the dates proposed for this Public Hearing were provided and discussed. 12/14 was originally set but it has been changed, and will be discussed at the December 12th meeting.

HIGHWAY/WATER SUPERINTENDENT WAYNE HOLTZ, REPORTED THE FOLLOWING:
–Superintendent Holtz informed the Board that the voucher submitted for Board approval tonight in the amount of $144.79 for pipe reimbursement was completed but not included on the Abstract for this meeting. Wayne requested the Board to authorize the payment be sent to Mr. Jordan and include the voucher on the Abstract at the December 14th meeting. There was no objection from the Board to proceed as requested.

–We have hired two new employees for the highway department:
-Cameron Seymour, 10 Clearview Drive, Phelps, as an MEO Lt. at $15.04/hr. (start date 11-13-17)
-Tyler Moyer, 3698 Outlet Road, Shortsville, as a Laborer at $12.00/hr. (start date 12-04-17) He currently has a CDL License & a Class B License, but needs to work here for one year to be moved up to the MEO Lt. position.
Both have signed the paperwork required.

–The first salt run has been done.
–We have had a few breakdowns.
–The crew has been working on the culvert pipe installation (Garnsey Rd.) in Port Gibson and nearing completion. We started top soiling, then had a breakdown. We have borrowed a grater from the Town of Hopewell to finish the job.

–There was a water leak on County Road 13, which was difficult to locate. It has been repaired. There is a large water billing from the Village of Clifton due to that leak.

WATER RATES UPDATE: Supervisor Gallahan informed the Board that he received a notice for a meeting being held by the Canandaigua – Farmington water dept. only 2 days prior to the meeting. This meeting notice was not sent very timely. There is going to be an estimated 17% increase in the water rates that we pay to them for water. Supervisor Gallahan commented that the water rate schedule will probably need to be reviewed and rates increased again to our residents. Following discussion, when rates are determined, the Board will hold public meetings to inform residents of changes, if they are needed.


CODE ENFORCEMENT OFFICER, STEVE DEHOND, REPORTED THE FOLLOWING:
–There were 14 permits issued in the Town in October.
–Fees Collected — $1,003.55.
–Estimated Construction costs — $389,411.00.
–Marty performed 21 fire inspections in the Town and the 3 Villages in October.

–Steve informed the Board that he has checked four (4) neighboring Towns for their Zoning fees, and briefly discussed making changes to our Zoning Fee Schedule.
Supervisor Gallahan asked Steve to make a spreadsheet of the comparisons and present it to the Board at the next meeting to review.

ASSESSOR, VINCE FISCHER REPORTED THE FOLLOWING:
–We have received 21 property transfers as of today.
–The property description reports that were sent out to all residents to update the property records for the scheduled re-evaluation have been coming in. So far we have received 936.
–The exemption renewal paperwork has been sent out, and renewals have been coming in.
STATE CERTIFICATION RECEIVED – The Courses required for the Assessor’s position have all been taken and passed. Vince has received the State Certificate of Completion. KUDOS TO VINCE!! CONGRATULATIONS!!!

BOARD MEMBER ITEMS: Councilman Phillips will be meeting and reviewing information for the census with Assessor Fischer to get it submitted to the census committee, as requested.


RESOLUTION #142 – TO APPROVE THE TRANSFERS FOR THIS MEETING
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent

RESOLVED, to approve the following transfers:
From: Amount: To Cover:
GENERAL FUND
A1110.2 $1,000.00 A1110.4 Municipal Court Expenses.
A5132.4 $ 827.00 A3310.2 Road Striping current bill.

HIGHWAY FUND
DB5148.1 $5,000.00 DB5140.1 Brush & Weeds-Personal Svcs.


RESOLUTION #143 – TO APPROVE THE BUDGET AMENDMENTS FOR 2017
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent

RESOLVED, to approve the following budget amendments:
1.) This amendment refers to the County Road 13 Water Fund –

Increase Revenues – County Road 13 Water Fund – SW6-2140 – Metered Sales by $ 598.00 –and–
Increase Appropriations – County Road 13 Water Fund – SW6-8320.4 – Source of Supply-Power & Pumping– by $ 598.00.

(This is to cover the increase in the Village of Clifton Springs quarterly water bill due to the leak in the water line on County Road 13).

FYI: Councilman Phillips and Councilman Denosky met with the transfer station attendants to review changes / procedures and how schedules would be set. William Burnett will be preparing the work schedule for the transfer station attendants.

Supervisor Gallahan thanked Janis for her work in getting the budget prepared for 2018. There have been alot of trying times this past year, and Supervisor Gallahan expressed his appreciation to her.

RESOLUTION #144 – AUDIT OF CLAIMS APPROVAL
On motion of Councilman Miller, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-0
Councilman Denosky – Absent

RESOLVED, to approve to pay the 2017 bills as follows:
GENERAL FUND, in the amount of $22,167.44 as set forth on the Abstract dated 11/14/2017;
ZONING FUND, in the amount of $2,160.59 as set forth on the Abstract dated 11/14/2017;
HIGHWAY FUND, in the amount of $61,162.65 as set forth on the Abstract dated 11/14/2017;
WATER FUND, in the amount of $9,205.14 as set forth on the Abstract dated 11/14/2017;
TRUST & AGENCY FUND, in the amount of $10,515.48 as set forth on the Abstract dated 11/14/2017.


TOWN JUSTICE REPORTS: The monthly report(s) from Justice Denosky and Justice Gosper for October were submitted to the Board at this time for their review.

–ADJOURNMENT: There was no other business before the Board at this time. Supervisor Gallahan moved to adjourn the meeting, 7:10 p.m., seconded by Councilman Phillips, unanimously APPROVED.

Respectfully Submitted,


JoAnn C. Henry, Town Clerk

NEXT REGULAR MEETING: December 12th, 2017 – 6 p.m.

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