MANCHESTER TOWN BOARD - REGULAR MEETING - JUNE 13, 2017

The Regular Monthly Meeting of the Manchester Town Board was held tonight, June 13th, 6:00 p.m. at the Manchester Town Hall with the following members present:
Douglas Davis Councilman
Charles Denosky, Jr. Councilman
Donald Miller, Jr. Councilman
David Phillips Councilman, Deputy Supervisor

ABSENT: Jeffery Gallahan, Supervisor (Out of Town).
OTHERS PRESENT: JoAnn Henry, Town Clerk; Steve DeHond, Code Enforcement Officer; Wayne Holtz, Highway/Water Superintendent; Vince Fischer, Acting Assessor; and the following Town Residents: Chere Taylor, Alma O'Connor, Mary D'Amico, Jacob Weed, Kirby Waite, Harold Hobart, Corey Mahoney, Kevin Blazey and Attorney Russ Kenyon.
CALL TO ORDER: Deputy Supervisor Phillips called the June 13th Regular Board meeting to order / opened at this time, 6:00 p.m.
 
RESOLUTION #71 - APPROVAL OF MINUTES: REGULAR MEETING, MAY 9th, 2017 AS SUBMITTED.
On motion of Councilman Davis, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent
RESOLVED, to approve the minutes from the Regular Meeting held on May 9th, 2017 as submitted.


RESOLUTION #72 – APPROVAL OF SUPERVISOR’S MONTHLY FINANCIAL STATEMENT
On motion of Councilman Davis, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:

VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent
RESOLVED, to approve the Supervisor’s Monthly Report as submitted. See minute book attachment for report.


RESOLUTION #73–APPROVAL OF TOWN CLERK’S MONTHLY REPORT
On motion of Councilman Denosky, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent

RESOLVED, to accept the Town Clerk’s report as follows:
--165 Dog Licenses (165 N & R) $ 2,154.00
-- State Surcharge Fees 223.00
-- Transfer Station 3,150.32
-- Zoning Fees 485.00
-- DEC Licenses 260.00
-- Bingo Proceeds 42.96
-- 2 Certified Copies (2-M) 20.00
-- 2 Marriage Licenses & Cert. 80.00

TOTAL COLLECTED--------------------------- $ 6,415.28
PAID TO NYSDEC------------------------------ $ 245.64
PAID TO STATE--------------------------------- $ 268.00
PAID TO SUPERVISOR (TOWN)----------- $ 5,901.64


Deputy Supervisor Phillips reviewed the following correspondence with the Board at this time (See minute book attachment for all correspondence):

06/02, Town Clerk Monthly Report, 6/1/2017.

06/06, Supervisors Monthly Report, 04/30/17 to 05/31/17.

06/02, Kendall Larsen, NYSDOH, letter re: Approval of Completed Works re: the Clearitas Addition at the water plant.

06/01, Alice Appleton, thank you letter.

05/31, Marty Barnett, thank you letter.

06/01, Court Justice statement from the month of January, 2017.

06/01, NYS Dept. of Taxation and Finance, re: tentative equalization rate: 99.00.

04/12, Wendy-Lyn Ayres, letter of resignation (Part-Time Court Clerk position).

05/25, James Campagna, Troy & Banks, refunds for NYSEG & RG&E Streetlighting accounts, and the billing for their service.

05/17, Tamara Vienna, letter of resignation (Constable position).

05/12, Lynn Gallahan, thank you note.

05/31, Jaylene Folkins, Comprehensive plan April 19, 2017 meeting minutes.

05/15, Town of Farmington, lead agency designation for the Brickyard Rd. Tank and Water Transmission Main Improvements Project, no objection form.

06/06, Justin Raybeck, Troy & Banks, Electric & Gas utility audit results. (No errors in billings found at this time.)

***Deputy Supervisor Phillips asked Ms. Alma O'Connor if she wished to address the Board at this time.

Ms. O'Connor: I am still coming to this Board, as she has done for several years, with the same request to get a culvert pipe put in to alleviate the drainage on her property. It was supposed to be done last year again, and she is still waiting! The original drain was put in over 50 years ago and at that time it was put in incorrectly by the Town.
Superintendent Holtz: This project was budgeted for last year, and he was starting it and then had to stop. There were no revenues to allow him to continue. It is in the budget again for this year, but the projects that qualify for CHIPS funding have to be completed first in order to get reimbursement from the State.
Superintendent Holtz: The problem for Ms. O'Connor could be temporarily fixed, but it would cause flooding to the neighbors properties. It would be better to do it right the first time, and not have to make repairs or replacement in a few years. Wayne discussed the procedure that needed to be done to get the pipe installed.
Deputy Phillips: When does the CHIPS funding reimbursement come in?
Superintendent Holtz: Usually August/September.
Ms. O'Connor: So when should this project get done?
Superintendent Holtz: It is on my schedule for this year again. Hopefully by August / September.
Deputy Phillips: The CHIPS funding is due to come in around mid August, and you will be put at the top of the list.
Ms. O'Connor: Okay, that is going to be written down!

***Deputy Supervisor Phillips asked Mary D'Amico if she wished to address the Board at this time.

Ms. D'Amico: Asked if the Board would consider lifting the Moratorium on Solar Energy Systems. She continued to inform the Board that she has been working on getting funding for having solar panels put in on her property to cut down on the Utility bills, and improve the safety of her home. Her house was built several years ago, and was in need for upgrades. There are several compliance requirements with a NYSERDA funded project, which she has been working on since last November to get this project done, and now finds out that there is a moratorium on solar energy systems in the Town of Manchester. Ms. D'Amico feels that solar energy would be a great benefit to residents/homeowners in the Town.
Deputy Phillips explained why the moratorium was put into place.
Ms. D'Amico: RG&E only allows the homeowner to put in solar panels for what they will use.
Steve DeHond informed those in attendance that the proposal for the Code of the Town of Manchester regarding Solar Energy Systems has been completed by the Planning Board and is being presented in its final format to the Town Board tonight. The procedure would then require it to be forwarded to the Town Attorney and the County Planning Board. If it is then approved, it would be presented by the Town Board in a Local Law to be included in the Town Code Book. (Following Local Law procedure.)
Ms. D'Amico has a lot invested in this project, and needs to move forward ASAP.
Thank you.

***Deputy Supervisor Phillips asked Corey Mahoney if he wished to address the Board at this time.
Mr. Mahoney inquired as to what the Board decided after he attended the May 9th meeting.
Deputy Phillips: In regard to the issue being discussed, there is no evidence that the pipe in place is not working.
Mr. Mahoney: It is working, but the pipe that was originally there was a 28" pipe and replaced with a 24" pipe. Discussion continued regarding this situation. Mr. Mahoney stated that he had checked with the Macedon Highway Superintendent regarding this pipe issue and he has given a different opinion for the installation of the pipe.
Several comments were made.
Deputy Phillips asked Mr. Mahoney to provide that opinion in writing.
Following discussion, Deputy Phillips asked Superintendent Holtz to check with the County Soil & Water Dept. to request their opinion of the situation.
Mr. Mahoney said he will be back at the next meeting in July.


***Deputy Supervisor Phillips asked Christopher Waite if he wished to address the Board at this time regarding the Kirby's Kompound situation.
Attorney Russ Kenyon informed the Board that he and Kirby have identified the issues that happened at the May 6th mud run, as per the police report submitted to Supervisor Gallahan. Mr. Kenyon continued with identification of some issues of what went wrong at that run.
The weather had a big impact on several issues at that run. 1) pink shirts are worn by all of the workers/volunteers, and due to the heavy rain, the rain gear covered up the shirts and it made them difficult to be identified; 2) there is a need for professional security; 3) the parking areas had to be moved, due to the heavy rain; 4) Unruly behaviors. Attorney Kenyon proceeded with how the situations would be taken care of. A NYS licensed security guard person has agreed to work at the June 24, 2017 event at Kirby's Kompound (a signed letter was provided to the Board for this). There will be different colored wristbands given to every patron to designate age (over/under 21). There is a 0 tolerance for any and all underage drinking. All coolers that are brought in are checked and have been since the first mud run. Visibility of all Staff will be increased. Signage with rules and handout w/rules will be done.
There will be a designated / visible parking area for law enforcement & the ambulance / first responders. If there are any other issues, 911 will be the first call made, and the Sheriff's dept. would be dealing with the situation. Additional equipment has been purchased to make sure the road is cleaned up.
A list of volunteers will be provided to the Town CEO prior to each of the runs.

Attorney Kenyon: A handout of a letter to Supervisor Gallahan and a list of policy modifications that Kirby has in place for future mud runs has been provided to the Board at this time. Kirby (Chris) Waite has always complied with the requirements of the Town and feels that this last run with issues has made them more aware of situations, and they have addressed those issues to make the mud runs better.
Deputy Phillips: Thank you for coming in and addressing the issues.


RESOLUTION #74 – RESOLUTION OF APPRECIATION AND ACCEPTANCE OF LETTER OF RESIGNATION FROM TOWN CONSTABLE, TAMARA VIENNA
On motion of Councilman Miller, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent

WHEREAS, this Town Board has regretfully received and accepts the resignation letter from Tamara Vienna, Town Constable, to be effective as of July 1, 2017, ; and

WHEREAS, Tamara has served as a Town Constable since 01/03/2011 for the Town of Manchester, until the present; during which time, she has served Town Residents and others with dedication, kindness and professionally to the best of her ability in the capacity of being a Town Constable; now be it

RESOLVED, that the Members of this Town Board wish to express our sincere appreciation to Ms. Vienna for her dedicated service and commitment to the Town of Manchester and the residents therein, and we wish her well; and be it

FURTHER RESOLVED, that this Resolution of Appreciation be forwarded to Ms. Tamara Vienna and will remain as a part of the Town of Manchester permanent records.

RESOLUTION #75 – RESOLUTION OF APPRECIATION AND ACCEPTANCE OF LETTER OF RESIGNATION FROM PART- TIME COURT CLERK, WENDY-LYN AYRES
On motion of Councilman Davis, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent

WHEREAS, this Town Board has regretfully received and accepts the resignation letter from Wendy-Lyn Ayres, Part-Time Court Clerk, dated April 12, 2017; and

WHEREAS, Wendy has served as a Court Clerk since 12-21-2016 for the Town of Manchester, until the present; during which time, she has served Town Residents and others with kindness and professionally to the best of her ability in the capacity of being a Court Clerk; now be it

RESOLVED, that the Members of this Town Board wish to express our sincere appreciation to Ms. Ayres for her dedicated service and commitment to the Town of Manchester and the residents therein, and we wish her well; and be it

FURTHER RESOLVED, that this Resolution of Appreciation be forwarded to Ms. Wendy-Lyn Ayres and will remain as a part of the Town of Manchester permanent records.


RESOLUTION #76–RESOLUTION OF APPRECIATION AND SYMPATHY TO THE FAMILY OF ROGER EIDER
On motion of Councilman Davis, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent

WHEREAS, this Town Board and the Town Employees were saddened to learn of the recent passing of Mr. Roger Eider, former Transfer Station Employee for the Town of Manchester; and

WHEREAS, Mr. Eider has faithfully served the residents of the Town of Manchester for several years in the capacity of being a Transfer Station Attendant; and

WHEREAS, the many years of public service were served with dedication, respect, and kindness that endeared Roger to those who worked with him and those he served; therefore, be it

RESOLUTION #76–RESOLUTION OF APPRECIATION AND SYMPATHY TO THE FAMILY OF ROGER EIDER (CONT.)

RESOLVED, that this Town Board, on behalf of its members, both past and present, and the Town Employees sincerely appreciates the many years of service Roger served the residents; and hereby mourns the passing of Mr. Roger Eider, and extends their sincere sympathy to his family; and it is

FURTHER RESOLVED, that this Resolution of Appreciation and Sympathy will be forwarded to the family of Mr. Eider, and will remain as a permanent record of the Town of Manchester.


HIGHWAY/WATER SUPERINTENDENT WAYNE HOLTZ, REPORTED THE FOLLOWING:
--The garbage hauling truck is down, due to the broken fuel pump. The company no longer makes that pump, so it may take up to 3-5 days to get it re-built. We may have to borrow a truck from the Town of Phelps until it is repaired.
--The micro paving is done on Armington Rd., Bemis St., Greig St., and Granger St.
--We have started mowing roadsides as we have done in the past, and will have to check with Supervisor Gallahan to discuss the Mowing Contract Agreement with the County.
--We have had two (2) new water connections recently, and have three (3) more to do.
--As already discussed, the drainage issue at Mrs. O'Connor's.
--Superintendent Holtz will check with the County re: the Mahoney drainage issue.
--FYI: The company that used to take the tires will not accept any with rims. ALPCO will take tires with rims at a charge of $ .05/lb. and $.15/lb. with no rim. Following a brief discussion, the Board was in agreement to continue taking tires with rims, and to take them to ALPCO for disposal.
--FYI: A handout for a "Rates and Finance" workshop by EFCN was presented to the Board at this time. Date: Sept. 14th-8:15 a.m. to 3:45 p.m. in Williamsville, N.Y. Superintendent Holtz and the bookkeeper, Janis Catalano are planning on attending and if any of the Board Members wish to attend it would be beneficial for future decisions on setting water rates.


CODE ENFORCEMENT OFFICER, STEVE DEHOND, REPORTED THE FOLLOWING:
--There were 17 permits issued in the Town; 12 in the Village of Clifton Springs; 6 in the Village of Manchester and 7 in the Village of Shortsville in May.
--Fees Collected -- $365.00.

--Estimated Construction costs -- $62,620.00.
--Steve and Marty performed 32 fire inspections in the Town and the 3 Villages in May.

--OPEN HOUSE FOR THE COMP PLAN: The Comprehensive Plan has been completed and there will be an "Open House" for the public to review this Plan on Thursday, July 20th at 6:30 p.m. at the Manchester Town Hall.

--Steve presented the Board with a "final draft" of the proposed Solar Code, and as stated earlier this meeting, this Proposed Code needs to go to the Attorney and the County prior to the final adoption by the Town Board.

RESOLUTION #77–APPROVAL TO PROCEED WITH PROCEDURE RE: CODE FOR SOLAR ENERGY SYSTEMS
On motion of Councilman Davis, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent

RESOLVED, to approve of Steve DeHond, CEO, to proceed with the required procedure for getting the Code in place re: the Solar Energy Systems and forward it to the Town Attorney to prepare it in local law format, and then be forwarded to the County Planning Dept. for their review.


--Councilman Denosky asked if Mr. DeHond has checked the property on St. Rt. 21? There is a camper parked in front of the house by the road and next door there are other items/boat trailer, etc. parked where they shouldn't be. Steve &/or Marty will check on this issue.

ACTING ASSESSOR, VINCE FISCHER REPORTED THE FOLLOWING:
--Grievance Day was May 23rd. There were 11 Grievance's received.
--There is one vacancy on the Board of Assessment Review, due to the unfortunate passing of BAR Member, Thomas Coyne. Do we advertise for that vacancy?
Deputy Phillips: Yes.
--Jennifer and Vince are still working on updating files with the Mobile Home Parks. They are done with taking photos in the parks.
--There is a seminar re: Exemption Administration to be held in Batavia, May 16th from 8:30 a.m. to 4:00 p.m. at a cost of $110.00. Vince would like to attend if the Board approves.


RESOLUTION #78–APPROVAL FOR VINCENT FISCHER TO ATTEND SEMINAR IN BATAVIA
On motion of Councilman Davis, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent
RESOLVED, to approve of Vincent Fischer to attend the Seminar re: Exemption Administration in Batavia, NY on Friday, May 16th at a cost of $110.00.


--Councilman Miller asked if the Town had any jurisdiction in the Mobile Home Parks. In Lake Country MHP there are some lawns that are very high. Steve and/or Marty will check on the properties Wednesday, June 14th.


***Deputy Supervisor Phillips asked Jacob Weed if he wished to address the Board at this time regarding the Town Website.
Mr. Jacob Weed informed the Board that his business used to be located in Canandaigua, and has since moved to Shortsville for the past 6-7 years. Mr. Weed specializes in IT services, and website designs. Mr. Weed has expressed his interest in taking over the Town of Manchester website to make it more user friendly, updated and easily accessible. He has submitted a proposal to the Board, and is very willing to work with the Town, as he has done with the Village of Shortsville. The proposed fee would be $50.00/mo.; $600.00/yr. to host and maintain the website. Mr. Weed would set up the site and the Town Employees would be encouraged to keep the updates on it and have the ability to make changes to the calendar as necessary. Mr. Weed is very willing and eager to help the Town out by providing this service at a very reasonable cost.
Deputy Phillips thanked Mr. Weed for his presentation and information which will be discussed further at another meeting.


BOARD MEMBER ITEMS:
--Councilman Denosky has been in contact with the Ontario Lock N Key representative and the installation of the door locks for the meeting/court room will be scheduled soon.

--Deputy Phillips reported that he had sent an email to the Board members regarding the Census meeting that he attended last Friday. The importance of getting all addresses for each of the residents in the Town of Manchester was a priority for the company conducting the 2020 Census. An accurate Census is very important for the impact it has on the Town at the County, Congressional and Federal District level(s) as well as for Grant funding. Brief discussion continued regarding the procedure that the company would be utilizing to conduct the census to begin in 2018. **A resolution to support the Census will be provided to the Board at another meeting.

--Councilman Denosky asked if we would be advertising for the Constable position, due to the resignation of Tamara Vienna.
--Town Clerk JoAnn Henry will put the advertisement(s) in the Merchandiser for a Part-Time Constable and a BAR Member.

RESOLUTION #79– APPROVAL TO ENTER INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING EMPLOYMENT ISSUES
On motion of Councilman Denosky, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent
RESOLVED, to enter into executive session for the purpose of discussing employment issues, 7:40 p.m.

RESOLUTION #80–APPROVAL TO GO OUT OF EXECUTIVE SESSION AND CONTINUE WITH THE REGULAR MEETING
On motion of Councilman Denosky, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent
RESOLVED, to go out of executive session at this time, 7:55 p.m., and resume the regular meeting.

RESOLUTION #81 - AUDIT OF CLAIMS APPROVAL
On motion of Councilman Davis, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:

VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent
RESOLVED, to approve to pay the 2017 bills as follows:
GENERAL FUND, in the amount of $18,836.66 as set forth on the Abstract dated 06/13/2017;

ZONING FUND, in the amount of $2,671.12 as set forth on the Abstract dated 06/13/2017;

HIGHWAY FUND, in the amount of $67,285.37 as set forth on the Abstract dated 06/13/2017;

WATER FUND, in the amount of $5,406.26 as set forth on the Abstract dated 06/13/2017;

TRUST & AGENCY FUND, in the amount of $9,708.12 as set forth on the Abstract dated 06/13/2017.

RESOLUTION #82 - APPROVAL FOR PAYMENT TO DEPUTY HIGHWAY SUPERINTENDENT FOR CELL PHONE
On motion of Councilman Davis, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:

VOTE: AYES-4 NAYS-0
Supervisor Gallahan - Absent
WHEREAS, a voucher submitted for $150.00 payment was done so after the bookkeeper prepared the Abstract for this meeting; therefore it is
RESOLVED, to approve the payment request as submitted by Willie Murphy to be authorized by this resolution and to then be included on the Abstract at the July 11th meeting.

TOWN JUSTICE REPORTS: The monthly report(s) from Justice Denosky for April and May were submitted to the Board at this time; and the monthly report from Justice Gosper for May was also submitted to the Board for their review.
--ADJOURNMENT: There was no other business before the Board at this time. Deputy Phillips moved to adjourn the meeting, 8:00 p.m., seconded by Councilman Davis, unanimously APPROVED.
Respectfully Submitted,

JoAnn C. Henry, Town Clerk


MANCHESTER TOWN BOARD - REGULAR MEETING - MAY 9, 2017 - 6 P.M.

The Regular Monthly Meeting of the Manchester Town Board was held tonight, May 9th, 6:00 p.m. at the Manchester Town Hall with the following members present:
Jeffery Gallahan Supervisor
Douglas Davis Councilman
Charles Denosky, Jr. Councilman
Donald Miller, Jr. Councilman
David Phillips (6:20 p.m.) Councilman
OTHERS PRESENT: JoAnn Henry, Town Clerk; Steve DeHond, Code Enforcement Officer; Wayne Holtz, Highway/Water Superintendent; Vince Fischer, Acting Assessor; Kevin Lyke, Highway Employee; and Corey Mahoney, Town Resident.
CALL TO ORDER: Supervisor Gallahan opened the May 9th Regular Board meeting at this time, 6:00 p.m.
 
RESOLUTION #60 - APPROVAL OF MINUTES: REGULAR MEETING, APRIL 11th, 2017 AS SUBMITTED.
On motion of Councilman Davis, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Councilman Phillips - Absent for Vote
RESOLVED, to approve the minutes from the Regular Meeting held on April 11th, 2017 as submitted.


RESOLUTION #61 – APPROVAL OF SUPERVISOR’S MONTHLY FINANCIAL STATEMENT
On motion of Councilman Davis, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:

VOTE: AYES-4 NAYS-0
Councilman Phillips - Absent for Vote
RESOLVED, to approve the Supervisor’s Monthly Report as submitted. See minute book attachment for report.


RESOLUTION #62–APPROVAL OF TOWN CLERK’S MONTHLY REPORT
On motion of Councilman Miller, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
Councilman Phillips - Absent for Vote

RESOLVED, to accept the Town Clerk’s report as follows:
--143 Dog Licenses (143 N & R; 3-Tags) $ 1,836.00
-- State Surcharge Fees 181.00
-- Transfer Station 3,241.14
-- Zoning Fees 1,322.05
-- DEC Licenses 345.00
-- Bingo Proceeds 51.63
-- 14 Certified Copies (5-M;9-D) 140.00
-- 7 Marriage Licenses & Cert. 280.00

TOTAL COLLECTED--------------------------- $ 7,396.82
PAID TO NYSDEC------------------------------ $ 323.03
PAID TO STATE--------------------------------- $ 338.50
PAID TO SUPERVISOR (TOWN)----------- $ 6,735.29


Supervisor Gallahan asked Mr. Corey Mahoney if he wished to address the Board at this time.
Corey Mahoney: Informed the Board that he has spoken to Superintendent Holtz regarding the situation of the culvert pipe that was put in by his property on Howland Road. Mr. Mahoney asked why a 24" pipe was put in at a higher pitch where there was originally a 28" pipe, and insisted that this was the reason for his property being flooded.
Superintendent Holtz informed all in attendance that the pipe size was sufficient and the pitch was not put in higher. The water is coming from a run-off from the hill, and it is all swamp in that area.
--Following a lengthy discussion, Supervisor Gallahan asked Mr. Mahoney what it was that he wished the Town to do.
Mr. Mahoney: Requested to have the 24" culvert pipe replaced with a 28" pipe.
Supervisor Gallahan: The Board will take this request into consideration and speak to Superintendent Holtz further regarding this situation and request.
Mr. Mahoney thanked the Board and left the meeting.

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

05/03, Town Clerk Monthly Report, 5/1/2017.

05/02, Supervisors Monthly Report, 03/31/17 to 04/30/17.

04/12, David Goehring, NYS DOT, speed reduction rejection letter for Pearl Street, Clifton Springs request.

04/01, Jennifer Sainsbury, Relay for Life of Ontario County venue, to be held on June 10th at the Finger Lakes Gaming and Racetrack in Farmington from 3 p.m. to 12 Midnight.

04/25, Bill Morgan, Turner-Schrader Post 34, Memorial Day invite, 9:30 A.M.

04/28, - Ontario County Sales Tax report, 1st quarter sales.

04/17, - Ontario County Weights & Measures, test report, Transfer Station, tested and approved.
03/31, - Bank Account Collateralization Report as of 3/31/17.

04/17, Josh Stern, Casella, re: rate increase for Municipalities as of May 1st, 2017.

04/14, Lori Reals, CSFD monthly report for March 2017.

04/04, Village of Manchester Fire Dept. Report for March 2017; and for 1/1/17 to 3/31/17 & Report in the Addendum Items.

04/05, Richard Twilley, Spectrum, organizational clarification.

04/04, Kendall Larsen, NYS DOH, Community Water Supply regulations.

04/03, Sheryl Robbins, NYS DOH, approval of plans for project addition of "Clearitas."

05/02, Mary Krause, Ontario County Administrator, shared services participation request.

ADDENDUM ITEMS: Scott DeCook letter of interest to serve on the Zoning Board.


STATE AUDIT: Supervisor Gallahan informed the Board that he wished to proceed with requesting the State to conduct an audit of the Town's records. Brief discussion was held and all Board Members were in agreement to have Supervisor Gallahan proceed with this request.


PARADE INFO: Supervisor Gallahan asked the Board Members who would be attending the following parade celebrations: Memorial Day, Shortsville Fireman's Parade and the Sulpher Springs Parade. Supervisor Gallahan will respond to each of the invites for who will attend.

**NOTE: Councilman Phillips entered meeting-6:20 p.m.

MEETING / COURT ROOM DOOR LOCKS DISCUSSION: Supervisor Gallahan informed the Board that there were three (3) option quotes submitted by Ontario Lock N Key Company. Curtis Locksmithing did not wish to submit a bid, and the others contacted by Councilman Denosky did not respond to the request. The three quotes were discussed and reviewed at this time. Option #1-$1,224.00; Optiion #2-$573.22; and Option #3-$192.64. The following Board action was taken.

RESOLUTION #63–APPROVAL OF QUOTE SUBMITTED BY ONTARIO LOCK N KEY FOR INTALLING LOCK(S) ON THE MEETING ROOM / COURT ROOM DOOR(S)
On motion of Councilman Phillips, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, Town Justice Denosky and this Board have been concerned with the safety and security issues in the Town Hall facility and in the Meeting / Court Room area, and have pursued getting quotes to have locks installed on the doors to that room; and

WHEREAS, quotes have been received and discussed as follows: Option #1-$1,224.00; Optiion #2-$573.22; and Option #3-$192.64; and the Board wishes to have lock(s) installed on the door(s) going into the meeting / court room area; therefore it is
RESOLVED, to approve the quote of $192.64 as submitted in Option #3 from Ontario Lock N Key, 181 South Main Street, Canandaigua, N.Y.; and to have Councilman Denosky contact this Company to proceed with getting the locks installed.

CHIPS DISC.: Supervisor Gallahan informed the Board of how the CHIPS funding process was done. There is approximately $135,000; $30,000; and $25,570. in CHIPS funding that the Town of Manchester is entitled to. To get reimbursement, you have to spend the money first, then submit paperwork / proof to the State with receipts and copies of the canceled check(s) to get reimbursed. Due to this process, Supervisor Gallahan asked the Board for consideration of approval of vouchers that are affiliated with CHIPS reimbursement program funding to be done (approved) by the Supervisor and one of the Board Members prior to a Board Meeting in order to get the process started for reimbursement.
Brief discussion was held, the following Board action was taken.


RESOLUTION #64–APPROVAL OF AUTHORIZATION FOR THE TOWN SUPERVISOR AND ONE BOARD MEMBER TO SIGN OFF ON VOUCHERS SUBMITTED PRIOR TO BOARD MEETING(S) FOR THOSE AFFILIATED WITH CHIPS FUNDING
On motion of Councilman Phillips, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, the CHIPS funding reimbursement program requires Municipalities to spend the money on projects first, then submit proof / paperwork, receipts and copies of canceled checks to the State for reimbursement; and due to limited funds, it would benefit the Town to get the required paperwork into the State as soon as possible; therefore it is

RESOLVED, to approve of the Town Supervisor and one of the Board Members to
authorize vouchers that are affiliated with the CHIPS reimbursement program funding to be done prior to a Board Meeting in order to get the process started for reimbursement.


RESOLUTION #65–RESOLUTION OF APPRECIATION AND SYMPATHY TO THE FAMILY OF OLIVER APPLETON
On motion of Councilman Davis, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, this Town Board and the Town Employees were saddened to learn of the recent passing of Mr. Oliver "Pudge" Appleton, former Zoning Board Member for the Town of Manchester; and

WHEREAS, Mr. Appleton faithfully served the residents of the Town of Manchester for several years, since 1990, in the capacity of being a Member of the Zoning Board; and

WHEREAS, the many years of public service were served with dedication, respect, professionalism and kindness that endeared "Pudge" to those who worked with him and those he served; therefore, be it

RESOLVED, that this Town Board, on behalf of its members, both past and present, and the Town Employees sincerely appreciates the many years of service Mr. Appleton served; and hereby mourns the passing of Oliver "Pudge" Appleton, and extends their sincere sympathy to his family; and it is

FURTHER RESOLVED, that this Resolution of Appreciation and Sympathy will be forwarded to the family of Mr. Appleton, and will remain as a permanent record of the Town of Manchester.

Supervisor Gallahan informed the Board that the "Mutual Aid Agreement" for Highway Equipment and Labor with Ontario County has been submitted and reviewed, and the term will be for five (5) years, as done in the past upon authorization. Superintendent Holtz has been pleased with this "agreement" in the past and it would be good to continue.

RESOLUTION #66–APPROVAL OF "MUTUAL AID AGREEMENT" FOR HIGHWAY EQUIPMENT AND LABOR WITH ONTARIO COUNTY, AND AUTHORIZATION TO SIGN THE AGREEMENT
On motion of Councilman Phillips, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0
WHEREAS, the "Mutual Aid Agreement" with the Town and Ontario County has worked out well in the past years, and continues to be a good practice to share resources and talent; therefore be it

RESOLVED, to approve of the "Mutual Aid Agreement" as submitted, and to authorize Supervisor Gallahan to sign the said agreement on behalf of the Town of Manchester.

DEPARTMENT REPORTS:
Town Justice Denosky informed the Board that she and Councilman Miller have interviewed a candidate for the Court Clerk position that will be vacant when Wendy Lyn-Ayres resigns. The recommendation is for the Board to approve of Katy Wood, from Penn Yan at a pay rate of $13.50/hr. to work up to 18 hrs. per week. Ms. Wood has court clerk experience.

RESOLUTION #67–APPROVAL OF HIRING PART-TIME COURT CLERK
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0
WHEREAS, the current Court Clerk, Wendy Ayres will be working on Wednesday, May 17th, and then resigning from the position of Part-time Court Clerk; and

WHEREAS, Town Justice Denosky and Councilman Miller have interviewed a person and are recommending the Board to approve of Katy Wood for this soon to be vacant position; therefore, be it

RESOLVED, to approve and appoint Katy Wood, 1733 Flat Street, Penn Yan, N.Y. to the position of Part-time Court Clerk, at a pay rate of $13.50/hr., to work up to 18 hrs. per week; to begin work on Wednesday, May 10th, 2017.
MANCHESTER TOWN BOARD - REGULAR MTG. - MAY 9, 2017 - (CONT.)

Justice Denosky informed the Board that the computer system(s) are finally connected together and currently running. There are two new printer/scanner/fax machines that were provided by the Court System, which were very badly needed. One in the Court Room and one in the Court Office. The locked door for the meeting / court room is necessary for safety and security purposes especially due to the computer system located in the Court Room.

HIGHWAY/WATER SUPERINTENDENT WAYNE HOLTZ, REPORTED THE FOLLOWING:
--The crew micro milled the road from Curran Road to Rt. 21.
--We will be oiling and stoning roads and also helping the Villages of Clifton Springs and Shortsville do the same. We will be helping the Village of Manchester with milling and paving.
--The new zero turn mower came in today.
--The water main pipe that has been here from the last project was put on Auction Direct to sell. Update to be given as received.
--We will be ready to switch to new system with Clearitas this week. All approvals have been received.
--The new master meter for the water plant has been replaced, the original meter was done in approximately the 2000 year.
--We have been working on repairing the guardrail on Outlet Road, Silver Street and Townline Road.
--Jason Lannon at the Village of Clifton Springs has been notified of the response received from NYSDOT regarding the denial of the speed reduction on Pearl Street, and the suggestion from NYSDOT for that area.

CODE ENFORCEMENT OFFICER, STEVE DEHOND, REPORTED THE FOLLOWING:
--There were 19 permits issued in the Town; 10 in the Village of Clifton Springs;5 in the Village of Manchester and 5 in the Village of Shortsville in April.
--Fees Collected -- $1,170.45.

--Estimated Construction costs -- $303,000.00.
--Steve and Marty performed 10 fire inspections in the Town and the 3 Villages in April.
--Steve presented the Board with a "draft" of the proposed Solar Code to be reviewed, and asked that any comments be submitted back to the Planning Board by May 16th for their next meeting.
KIRBY'S KOMPOUND ISSUES: Supervisor Gallahan informed the Board of several issues that have recently happened at Kirby's Kompound with the mud run that was held May 6th. Supervisor Gallahan was contacted by the Under Sheriff for the following issues: People driving up and down the road with the mud trucks; cars being parked along both sides of the road; a brawl that broke out with several people there; there were several highly intoxicated people there; one person was taken to the hospital. All of these incidents were / are very concerning.
Supervisor Gallahan asked for Steve to review the application submitted by Mr. Waite for the mud runs; and for Steve to contact Mr. Waite to have him attend the next meeting on June 13th.
Steve informed the Board that the Town has the right to review the application after each of the events.

ACTING ASSESSOR, VINCE FISCHER REPORTED THE FOLLOWING:
-- Jennifer, the newly hired Assessor's Aide, is working out very well. She has been uploading the income verification program applications received, and getting the filing caught up.
--Vince attended the BAR training on May 4th at the County, along with Judy Romeiser, BAR Member.
--Vince signed up for an online class for "Fundamentals of Assessment" on May 24th.
--Vince will also attend the training held at Cornell from July 18th thru the 20th, the fee is $400.00.

RESOLUTION #68–APPROVAL OF TRANSFER
On motion of Councilman Denosky, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to approve the following transfer:

From: Amount: To:
GENERAL FUND
A1990.4 $ 5.00 A1350.4 To cover Dog Control Contract.


Supervisor Gallahan informed the Board that a letter of interest to serve on the ZBA has been received from Scott DeCook. There is a vacancy on the ZBA, due to the recent passing of ZBA Member Oliver Appleton. Supervisor Gallahan read the letter to the Board at this time.


RESOLUTION #69–APPROVAL TO APPOINT SCOTT DECOOK TO THE ZONING BOARD OF APPEALS
On motion of Councilman Denosky, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, there is currently a vacancy on the Zoning Board of Appeals, due to the unfortunate, recent passing of Oliver Appleton; and

WHEREAS, a letter of interest from Scott DeCook to serve on the ZBA has been received by this Board; therefore be it

RESOLVED, to approve and appoint Scott DeCook, 305 Co. Rd. 27, Clifton Springs, N.Y. to serve on the Zoning Board of Appeals effective upon this Resolution of Approval/Appointment, to serve the remaining term of former ZBA Member, Mr. Appleton, which expires on 12/31/2019.


Supervisor Gallahan: FYI: Water rates will need to be reviewed soon and discussed at another meeting.


BOARD MEMBER ITEMS:
Councilman Davis: Questioned the issues at the transfer station with the swipe cards.
Town Clerk, JoAnn Henry, informed the Board that there are several card dates that are expiring, due to the original date purchased. Several people were recently in questioning if they lose the money on the card if it hits the expiration date and automatically goes inactive. Most of the people understand how the system works after it is explained to them.

Councilman Davis asked Superintendent Holtz about the situation that Mr. Mahoney had addressed the Board about. Superintendent Holtz did not feel the pipe should be replaced, and that the 24" pipe is sufficient for the flows in that area, and the 28" pipe would not make a difference. It is a swamp area. If the Board requests the elevation to be checked again, he will do so. No other comments /or/ requests from the Board were stated at this time.


Supervisor Gallahan met with members of the Ontario County IDA, Michael Manikowski, the Owner of Green Renewable and some of the Company's Representatives to discuss the intentions of Green Renewable for expansion. The original proposal given to the Village of Manchester Planning Board had to be revised, due to some issues. The Company still wishes to continue with an expansion on that property and are checking into options. There are currently 35 Employees there, and 7 drivers.


Councilman Phillips briefly discussed / reviewed the 4 Year Comparison of Actual Savings Account Balance sheet at this time.


DOLOMITE BLASTING ISSUE: Supervisor Gallahan informed the Board that he was contacted by Mr. Rodman, who's residence is across the street from the Dolomite facility on Lover's Lane. Mr. Rodman is always notified when the blasting is going to be done at the facility, but following that procedure, his well water is extremely bad (almost black). Mr. Rodman also informed Supervisor Gallahan that he and his family are experiencing health related issues due to volume of dust coming from the facility. Supervisor Gallahan contacted NYSDOH and DEC regarding the issues that Mr. Rodman was experiencing. Mr. Rodman was advised to have a water sample taken following the blasting, and DEC representative(s) will be checking further into this issue.


RESOLUTION #70 - AUDIT OF CLAIMS APPROVAL
On motion of Councilman Davis, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:

VOTE: AYES-5 NAYS-0

RESOLVED, to approve to pay the 2017 bills as follows:
GENERAL FUND, in the amount of $24,993.69 as set forth on the Abstract dated 05/09/2017;

ZONING FUND, in the amount of $17,095.81 as set forth on the Abstract dated 05/09/2017;

HIGHWAY FUND, in the amount of $28,787.43 as set forth on the Abstract dated 05/09/2017;

WATER FUND, in the amount of $11,081.38 as set forth on the Abstract dated 05/09/2017;

TRUST & AGENCY FUND, in the amount of $9,723.12 as set forth on the Abstract dated 05/09/2017.

--ADJOURNMENT: There was no other business before the Board at this time. Supervisor Gallahan moved to adjourn the meeting, 7:40 p.m., seconded by Councilman Davis, unanimously APPROVED.


Respectfully Submitted,

JoAnn C. Henry, Town Clerk

Next meeting: June 13, 2017 - 6:00 p.m.


MANCHESTER TOWN BOARD - REGULAR MEETING - APRIL 11, 2017 - 6 P.M.

The Regular Monthly Meeting of the Manchester Town Board was held tonight, April 11th, 6:00 p.m. at the Manchester Town Hall with the following members present:
Jeffery Gallahan Supervisor
Douglas Davis Councilman
Charles Denosky, Jr. Councilman
Donald Miller, Jr. Councilman
David Phillips Councilman
OTHERS PRESENT: Jill Havens, Deputy Clerk; Steve DeHond, Code Enforcement Officer; Wayne Holtz, Highway/Water Superintendent; Vince Fischer, Acting Assessor; Kevin Lyke, Highway Employee.
ABSENT: JoAnn Henry, Town Clerk.
CALL TO ORDER: Supervisor Gallahan opened the April 11th Regular Board meeting at this time, 6:00 p.m.
 
RESOLUTION #45 - APPROVAL OF MINUTES: REGULAR MEETING, MARCH 14th, 2017 AS SUBMITTED.
On motion of Councilman Denosky, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to approve the minutes from the Regular Meeting held on March 14th, 2017 as submitted.


RESOLUTION #46 – APPROVAL OF SUPERVISOR’S MONTHLY FINANCIAL STATEMENT
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:

VOTE: AYES-5 NAYS-0

RESOLVED, to approve the Supervisor’s Monthly Report as submitted. See minute book attachment for report.


RESOLUTION #47–APPROVAL OF TOWN CLERK’S MONTHLY REPORT
On motion of Councilman Phillips, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to accept the Town Clerk’s report as follows:
--200 Dog Licenses (200 N & R) $ 2,574.00
-- State Surcharge Fees 258.00
-- Transfer Station 1,816.84
-- Zoning Fees 957.40
-- DEC Licenses 455.00
-- Fax Fees 7.00
-- Photocopies .25
-- Bingo Proceeds 88.17
-- 5 Certified Copies 50.00

TOTAL COLLECTED--------------------------- $ 6,206.66
PAID TO NYSDEC------------------------------ $ 446.68
PAID TO STATE--------------------------------- $ 258.00
PAID TO SUPERVISOR (TOWN)----------- $ 5,501.98


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

04/04, Supervisors Monthly Report, 02/28/17 to 03/31/17.

04/03, Town Clerk Monthly Report, 4/3/2017.

04/01, Quarterly Investment Report (January 1st thru March 31st, 2017).

03/24, Chris Mueller, Charter Communications, programming changes/updates.

03/22, Clifton Springs Fire Dept. Annual Report, 2016 year.

03/22, Lori Reals, Clifton Springs Fire Dept. January & February reports.

03/21, Association of Towns 2017 Legislative program resolutions.

03/20, Sulphur Springs Festival Parade invite.

03/2017, Erie Canalway 2017 annual report.

03/25, Craig Gallahan, Thank you.

03/2017, Manchester Volunteer Fire Dept. community event invite-April 30th from 11 a.m. to 3 p.m. at the Fire Dept.

03/14, Keith Weise, Troy & Banks, Audit Contract and REFUND checks! (RG&E and NYSEG; and Windstream utilities).

03/2017, BECKS new name & services letter, Fore Recycling Incorporated.

04/07, JoAnn Henry, Tax Collector's Settlement paperwork.


Supervisor Gallahan discussed the sample resolution for the standard workday reporting that was required by the NYS Retirement System. The following action was taken.

RESOLUTION #48-APPROVAL OF STANDARD WORK DAY AND REPORTING RESOLUTION
On motion of Councilman Davis, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, it has been required by the NYS Retirement System for the Town Board to set a standard work day for Elected and Appointed Officials; now, therefore,

BE IT RESOLVED, that the Town Board of the Town of Manchester hereby established the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the time keeping system records or the record of activities maintained and submitted by these officials to the clerk of this body:
Town Justice: 6 hrs/day; Assessor: 8 hrs/day.


RESOLUTION #49-RESOLUTION ISSUING SEQRA POSITIVE DECLARATION FOR THE ONTARIO COUNTY FREIGHT RAIL CORRIDOR DEVELOPMENT PLAN AREA 1-TOWN OF MANCHESTER
On motion of Councilman Davis, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, the Federal Highway Administration (FHWA), through the Genesee Transportation Council (GTC), awarded a grant to Ontario County to prepare the Ontario County Freight Rail Corridor Development Plan: Area 1 – Town of Manchester (the “Plan”); and

WHEREAS, adoption of the Plan has been classified as a “Type I” action under the State Environmental Quality Review Act (“SEQRA”), Article 8 of the New York State Environmental Conservation Law and its implementing regulations (6 N.Y.C.R.R. Part 617), a coordinated review was conducted, and the Town of Manchester (the “Town”) is the “lead agency” for purposes of undertaking the coordinated environmental review of the proposed action; and

WHEREAS, no involved agency objected to the Town acting as lead agency; and
WHEREAS, the Town has duly considered the proposed action, the Full Environmental Assessment Form (“FEAF”), the criteria for determining whether the action will have a significant adverse impact on the environment as set forth in 6 N.Y.C.R.R. § 617.7(c) of the SEQRA regulations, and such other information deemed appropriate; and

WHEREAS, a draft Plan has been prepared; and
WHEREAS, Part 2 of the FEAF - Identification of Potential Project Impacts has been prepared and identified potential moderate to large impacts that may occur as a result of the proposed action; and

WHEREAS, Part 3 of the FEAF - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance has been prepared and determined that the proposed action may result in one or more significant adverse impacts on the environment;

NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Manchester that the Town is the lead agency under SEQRA, the proposed action is a “Type I” action, and may result in one or more significant adverse impacts on the environment; and further

RESOLVED, the attached Positive Declaration, incorporated herein by reference, is issued and adopted for the reasons stated in the attached Positive Declaration; and further

RESOLVED, that based on the FEAF , a generic environmental impact statement (“GEIS”) must be prepared to further assess potential impacts and possible mitigation and evaluate alternatives to avoid or reduce those impacts; and further

RESOLVED, scoping will not be conducted for the proposed action; and further

RESOLVED, that the Supervisor of the Town of Manchester is authorized to sign the Positive Declaration in accordance with SEQRA; and further

RESOLVED, that the Clerk of this Board send certified copies of this resolution and the FEAF to the Commissioner of the New York State Department of Environmental Conservation, the Region 8 Office of the New York State Department of Environmental Conservation, the New York State Department of Transportation, and the Villages of Shortsville, Manchester, and Clifton Springs, the Town of Farmington, the Ontario County Department of Economic Development, and the Genesee Transportation Council; and

RESOLVED, that notice of this Positive Declaration be submitted for publication in the Environmental Notice Bulletin as required by 6 NYCRR § 617.12 by the Clerk of this Board.

RESOLUTION #50– APPROVAL TO ENTER INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING EMPLOYMENT ISSUES
On motion of Councilman Davis, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to enter into executive session for the purpose of discussing employment issues, 6:04 p.m. Vince Fischer was asked to attend this session.

RESOLUTION #51–APPROVAL TO GO OUT OF EXECUTIVE SESSION AND CONTINUE WITH THE REGULAR MEETING
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to go out of executive session at this time, 6:17 p.m., and resume the regular meeting.


RESOLUTION #52-APPROVAL TO APPOINT ASSESSOR'S AIDE, JENNIFER FAGNER
On motion of Councilman Miller, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, there was a vacancy for the part time position of Assessor's Aide, and upon the application approval from the Ontario County Human Resources Dept. and the recommendation from the "Interview Committee" and Acting Assessor, Vince Fischer, it is hereby

RESOLVED, to approve the appointment of Jennifer Fagner, 893 Co, Rd. 7, Clifton Springs, N.Y., to the position of Assessor's Aide, Part-time, to begin work as of April 24th, 2017, at 20 hrs. per week, (not to exceed 24 hrs. per week) at a pay rate of $12.50/hr.; and the days for Ms. Fagner to work will be determined by Vince Fischer, Acting Assessor.


RESOLUTION #53-APPROVAL TO APPOINT PART TIME TRANSFER STATION OPERATOR, DAVID BURNETT
On motion of Councilman Denosky, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to approve the appointment of David Burnett, 44 South Main Street, Manchester, N.Y., to the position of Part-time Transfer Station Operator, to work on an as needed basis, effective upon adoption this Resolution, at a pay rate of $11.47/hr.


RESOLUTION #54-APPROVAL TO APPOINT JOHN CHIMERA TO THE POSITION OF CONSTABLE, PART TIME, AS NEEDED
On motion of Councilman Denosky, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, there was a request from Town Justice Denosky to have another Constable to fill in on an as needed basis when either of the two existing Constables were not available to work; and applications have been submitted to the County Human Resources Dept. for approval, and upon review, it is hereby

RESOLVED, to approve the appointment of John Chimera, 11 Kathlyn Avenue, Phelps, N.Y., to the position of Constable, Part-time, to work on an as needed basis, effective upon adoption this Resolution, at a pay rate of $14.20/hr. Work days will be only as needed, to be determined by the Town Justice.


HIGHWAY/WATER SUPERINTENDENT WAYNE HOLTZ, REPORTED THE FOLLOWING:
--The crew got the conduit in from the highway facility to the transfer station for the cable and telephone lines.
--We have a lot of drainage work to do.
--We have started removing the plows off of the trucks.
--Working on Spring clean up.
--A comparison listing of labor costs for the highway department employees working an 8 hr. day as opposed to a 10 hr. day was presented to the Board at this time. The total was an increase of $6,549.61 for this past winter season. (copy of listing in mtg. correspondence.)

HIGHWAY/WATER SUPERINTENDENT REPORT CONT.:
--Copy of the letter from NYSDOH was reviewed and discussed at this time. The letter was a violation notice due to a sample being overfilled. The Lab did not respond to inform the Town of this issue when it was received. Another sample was submitted, and it will be noted in the Annual Water Report.

--There is a new pricing available to government municipalities, National IPA. A Resolution from the Town Board is required for the Town's participation in this program. The following action was taken.

RESOLUTION #55 - APPROVAL TO PARTICIPATE IN PURCHASING PROGRAM FOR GOVERNMENT MUNICIPALITIES
On motion of Councilman Denosky, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

A RESOLUTION OF THE BOARD OF THE TOWN OF MANCHESTER, CLIFTON SRPINGS, N.Y. APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER, LEAD AGENCY FOR THE COOPERATIVE PURCHASING NETWORK (TCPN) PROVIDING FOR COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING WAYNE C. HOLTZ AS OFFICIAL REPRESENTATIVE OF THE TOWN OF MANCHESTER RELATING TO THE PROGRAM.

WHEREAS, the Town Board of the Town of Manchester has been presented a proposed Interlocal Agreement by and between the Region 4 Education Service Center, lead agency for the Cooperative Purchasing Network (TCPN), and the Town of Manchester found to be acceptable and in the best interests of the Town of Manchester and its citizens, are hereby in all things approved.

WHEREAS, the Town of Manchester of Clifton Springs, N.Y. pursuant to the authority granted under the Manchester Town Board desires to participate in the described cooperative purchasing program, whose lead agency, is Region 4 Education Service Center, and in the opinion that participation in the program will be highly beneficial to the taxpayers through the anticipated savings to be realized.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF MANCHESTER OF CLIFTON SPRINGS, NY.

Section I. The terms and conditions of the agreement having been reviewed by the Board of the Town of Manchester and found to be acceptable and in the best interests of the Town of Manchester and its citizens are hereby in all things approved.

Section II. The Highway Superintendent of the Town of Manchester under the direction of the Town Board of the Town of Manchester is hereby designated to act for the Town of Manchester in all matters relating to The Cooperative Purchasing Network including
the designation of specific contracts in which the Town of Manchester desires to participate.

Section III. This resolution shall become effective from and after its passage.

DULY PASSED AND APPROVED THE ELEVENTH DAY OF APRIL OF TWO THOUSAND SEVENTEEN.

CODE ENFORCEMENT OFFICER, STEVE DEHOND, REPORTED THE FOLLOWING:
--Fees Collected -- $957.40.

--Estimated Construction costs -- $132,185.00.
--Steve and Marty performed 12 fire inspections in the Town (9) and the 3 Villages (3).
--The Planning Board will be further reviewing the Solar Regulations at their next meeting on April 18th.


ACTING ASSESSOR, VINCE FISCHER REPORTED THE FOLLOWING:
--There were 204 Ag Exemption renewals received.
--571 Enhanced STAR Renewals, and 48 newly filed.
--Vince will be attending the BAR Training on Thursday, May 4th at the County.
--Robin Johnson and Vince have been working on updating the Mobile Home Park files with correct owner names.

BOARD MEMBER ITEMS:
--Councilman Denosky will follow up on getting quotes for locks on the meeting room / court room door.

RESOLUTION #56– APPROVAL TO ENTER INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION
On motion of Councilman Phillips, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to enter into executive session for the purpose of discussing pending litigation, 7:08 p.m.

RESOLUTION #57–APPROVAL TO GO OUT OF EXECUTIVE SESSION AND CONTINUE WITH THE REGULAR MEETING
On motion of Councilman Phillips, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to go out of executive session at this time, 7:17 p.m., and resume the regular meeting.
--TOWN COURT ISSUE: Discussion was held regarding the request from Town Justice Denosky at a prior meeting. Following discussion, the Board took the following action.

RESOLUTION #58–APPROVAL TO HAVE JUSTICE ROBERT GOSPER FILL IN FOR ONE COURT NIGHT PER MONTH / AS PER SEVENTH JUDICIAL COURT DISTRICT
On motion of Councilman Phillips, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-4 NAYS-0
(1) Abstained from Vote - Councilman Denosky
WHEREAS, there is only one Town Justice currently working for the Town of Manchester, and a request has been received from Justice Denosky for additional pay, due to the current circumstances, which request is being denied; and

WHEREAS, the Seventh Judicial Court District has been contacted regarding this situation, and as per Judge Dollinger and Maryclaire Frank, Esq., the Phelps Town Judge, Robert Gosper, has agreed to take over one court night per month for the Town of Manchester; therefore, it is hereby

RESOLVED, to approve of having Judge Robert Gosper, the Phelps Town Judge, work for the Town of Manchester to take over Town Court nights on the first Wednesday of each month, and the rate of pay will be $250.00 per night. This will consist of Court appearance that night only, and any mail regarding his cases and any plea by mail for his cases; and be it

FURTHER RESOLVED, that Judge Gosper will need to set up a separate bank account for Manchester Court income and prepare a separate monthly report.


TOWN COURT NOTE: Any trials/hearings will be transferred to Justice Katherine Denosky; and Town Court will no longer be held on the 2nd & 5th Wednesday of each month.

RESOLUTION #59 - AUDIT OF CLAIMS APPROVAL
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:

VOTE: AYES-5 NAYS-0

RESOLVED, to approve to pay the 2017 bills as follows:
GENERAL FUND, in the amount of $13,067.42 as set forth on the Abstract dated 04/11/2017;

ZONING FUND, in the amount of $1,268.49 as set forth on the Abstract dated 04/11/2017;

HIGHWAY FUND, in the amount of $15,169.67 as set forth on the Abstract dated 04/11/2017;

WATER FUND, in the amount of $35,488.73 as set forth on the Abstract dated 04/11/2017;

TRUST & AGENCY FUND, in the amount of $9,889.11 as set forth on the Abstract dated 04/11/2017.

--ADJOURNMENT: There was no other business before the Board at this time. Supervisor Gallahan moved to adjourn the meeting, 7:19 p.m., seconded by Councilman Phillips, unanimously APPROVED.


Respectfully Submitted,

Jill Havens, Deputy Clerk JoAnn C. Henry, Town Clerk

NOTE: The minutes of this meeting were taken by Deputy Clerk, Jill Havens and transcribed by Town Clerk, JoAnn Henry.


MANCHESTER TOWN BOARD - REGULAR MEETING - MARCH 14, 2017

The Regular Monthly Meeting of the Manchester Town Board was held tonight, March 14th, 6:00 p.m. at the Manchester Town Hall with the following members present:
Jeffery Gallahan Supervisor
Douglas Davis Councilman
Charles Denosky, Jr. Councilman
Donald Miller, Jr. Councilman
David Phillips Councilman
OTHERS PRESENT: JoAnn Henry, Town Clerk; Town Justice Katherine Denosky.
ABSENT: Steve DeHond, Code Enforcement Officer; Wayne Holtz, Highway/Water Superintendent; Vince Fischer, Acting Assessor.
CALL TO ORDER: Supervisor Gallahan opened the March 14th Regular Board meeting at this time, 6:00 p.m.
 
RESOLUTION #38 - APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 14th, 2017 AS SUBMITTED.
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to approve the minutes from the Regular Meeting held on February 14th, 2017 as submitted.


RESOLUTION #39 – APPROVAL OF SUPERVISOR’S MONTHLY FINANCIAL STATEMENT
On motion of Councilman Davis, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:

VOTE: AYES-5 NAYS-0

RESOLVED, to approve the Supervisor’s Monthly Report as submitted. See minute book attachment for report.


RESOLUTION #40–APPROVAL OF TOWN CLERK’S MONTHLY REPORT
On motion of Councilman Denosky, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0
RESOLVED, to accept the Town Clerk’s report as follows:
--110 Dog Licenses (110 N & R; 4-K;1-Tag;1-Expt.) $ 1,657.00
-- State Surcharge Fees 179.00
-- Transfer Station 1,625.70
-- Zoning Fees 616.10
-- DEC Licenses 52.00
-- 2 Marriage Licenses & Certificates 80.00
-- Fax Fees 3.00
-- Bingo Proceeds 82.06
-- 4 Certified Copies 40.00

TOTAL COLLECTED--------------------------- $ 4,334.86
PAID TO NYSDEC------------------------------ $ 49.13
PAID TO STATE--------------------------------- $ 224.00
PAID TO SUPERVISOR (TOWN)----------- $ 4,061.73

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

03/01, Town Clerk Monthly Report, 3/2/2017.

03/02, Supervisors Monthly Report, 01/31/17 to 02/28/17.

02/23, Justice Court Fund Account report, December 2016.

03/07, Mike Wheat, Sulpher Springs Festival invite, June 3rd, 2017.

02/27, Tim McElligott, Ontario County Planning Dept., letter to NYS Thruway Authority regarding bridge replacement plan.

RESOLUTION #41- APPROVAL TO RESCIND RESOLUTION #31 RE:HEALTH INSURANCE BUY OUT
On motion of Councilman Davis, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, a Resolution to approve an insurance buy out for any Employee that wished to do so was approved by this Board, as per Resolution #31/2017; and following that approval, it was found that a prior Resolution for the same was previously adopted; therefore, be it

RESOLVED, to rescind Resolution #31/2017, noting that Resolution #141/2016 was previously approved.

Supervisor Gallahan: FYI: -- There have been eight (8) applications received for the Assessor's Aide position.
--RE: Transfer Station part time position, there was only one (1) so far that has been sent to the County for review.
--RE: Constable part time position, there were five (5) applications submitted, one did not meet the qualifications set by the County.
Each of the positions will be discussed later this meeting.

DEPARTMENT REPORTS: Each of the following three Department Heads were absent for this meeting, written reports were submitted to the Board at this time.
WAYNE HOLTZ, HIGHWAY/WATER SUPERINTENDENT WRITTEN REPORT SUBMITTED:
--At the moment, all of our equipment is up and running.
--The salt barn is full and we have met our minimum obligation of our salt contract with OGS and American Rock Salt.
--All meters have been read for this Quarter, some repairs need to be done. Jan has sent out letters to make appointments for those repairs.
--Until the storm hit, we have been ditching.
--Wind storm brought down a few trees in the right of way, the wind tilted quite a few signs.
--We have more ditching to do and some tree work to be done when the weather clears up.
--Dan Havens has been making adjustments to the boiler, we still need to make some more improvements to it so it will heat the whole building. He is getting us pricing.
--Met with FLTG on putting in a conduit to get from the Town Hall to the Highway building, need to know if the Town Board wants a conduit run to the transfer station.
We will be doing this as soon as the weather breaks.

STEVE DEHOND, ZONING OFFICER WRITTEN REPORT SUBMITTED AS FOLLOWS:
--Marty and myself are at our annual training this week. We will return Thursday, P.M.
--Permits issued in February, 2017: 5 in the Town, 8 in Clifton Springs, 6 in the Village of Manchester, 4 in the Village of Shortsville.
-- Our office performed 24 fire inspections in the Town and the 3 Villages.
--Fees Collected -- $371.65.

--Estimated Construction costs -- $100,100.00.
--Solar continues to be a major topic of discussion. The Planning Board will be reviewing the Hosey Road site next Tuesday evening, as they also continue to review new and existing codes for the updated Solar code law.

ASSESSOR'S REPORT: Vincent Fischer, Acting Assessor, was absent, no report submitted.

--Town Justice Denosky addressed the Board regarding the following Town Court issues:
--The State Auditor came to the office today, and informed us that the process we are currently using to input information is okay to continue with, even though it is very time consuming for the Court Clerks. The request at the prior meeting was to have SEI do a mass transfer of files (cost of $500), which Justice Denosky was informed that she had to submit a request to Judge Dollinger to submit a letter to SEI to proceed with the transfer of files. However, there are many other issues dealing with Computer licensing and Security.
Justice Denosky reviewed and discussed several issues regarding the Court system with the Board at this time. The cost for corrections, computer licensing & security would be an approximate total of $1,900.00., which does not including the original amount of $500.00.
Judge Denosky will try to get JCAP Grant funding reimbursement for the costs involved, but the grant cycle would be for next year.
Discussion continued regarding the proposed requests, and salary issues. FYI: If the Seventh Judicial District provides help on Court nights, the cost is $250 per night.
--The fax machine that is in the Court Office is also very old, outdated and needs to be replaced. Supervisor Gallahan will have to check with the Bookkeeper regarding the financial status of the Court budget.
No Board action taken regarding these issues at this meeting. Hopefully the Board will be able to resolve some of the issues by the April 11th Board meeting.
Constable applications are still being reviewed at the County. There were five applications received, one of which was not qualified, and only one has been approved by the County, as of today.
Supervisor Gallahan asked for two Councilmen to be on the Interview Committee for the substitute constable position. Councilman Miller and Councilman Phillips volunteered.

RESOLUTION #42– APPROVAL TO ENTER INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING EMPLOYMENT ISSUES
On motion of Councilman Phillips, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to enter into executive session for the purpose of discussing employment issues, 6:27 p.m. Justice Denosky was requested to stay for executive session.

RESOLUTION #43–APPROVAL TO GO OUT OF EXECUTIVE SESSION AND CONTINUE WITH THE REGULAR MEETING
On motion of Councilman Phillips, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to go out of executive session at this time, 6:53 p.m., and resume the regular meeting.

INTERVIEWS FOR ASSESSOR'S AIDE POSITION TO BE SET UP. The County Human Services Department has reviewed and approved some of the applicants that were interested in the Assessor's Aide position. Interviews will begin with the approved applicants. The Committee for Interviews will be Councilman Miller, Councilman Denosky and Vincent Fischer (Acting Assessor).

BOARD MEMBER ITEMS:
--Councilman Phillips: Questioned the Zoning Fund amount that was presented on the 4 year comparison savings accounts balance sheet. It is low compared to prior years. Supervisor Gallahan informed the Board that the zoning fund account will be reimbursed when the payments are submitted by the three Villages for their portion of the Comprehensive Plan.
--In regard to the salt barn, did we receive any information from the Midlakes School District regarding storing salt here. Supervisor Gallahan: I have not, as of today.
Also, we should be putting money into the reserve fund for that facility that is in need of a roof. Supervisor Gallahan: We do have some funds in the reserve for that project. We also may need to review the Intermunicipal Agreement for the parties sharing the salt barn.

BOARD MEMBER ITEMS CONT.:
Councilman Phillips: In regard to the Insurance Buy Out, is there anything in our "Employee Policy" that states the "buy out option". Supervisor Gallahan, it has not been included yet, but it will be, as soon as Janis adds it in there. The "Vacation Time" that was approved at the February 14th meeting also needs to be stated / added to the Employee Policy.

Supervisor Gallahan informed the Board that there was a meeting scheduled at FLCC for the Board of Supervisors to plan for the landfill closing in 2028. That meeting is postponed and will be rescheduled.
--Also, Friday, March 17th, the County has three (3) interns working on collecting information re: "solid waste" in the County, and they will be contacting each Town in the County to review the system used, esp. those Towns that charge by the pound. Supervisor Gallahan will be at Town Hall to take the people to the transfer station on Friday, 3/17/17 at 9:30 a.m.


--Councilman Miller: Informed the Board that Charles Fine is still interested in helping out in the Court Office, and will be running for Town Justice in the next election.


RESOLUTION #37 - AUDIT OF CLAIMS APPROVAL
On motion of Councilman Phillips, seconded by Councilman Denosky, the following resolution was unanimously ADOPTED:

VOTE: AYES-5 NAYS-0

RESOLVED, to approve to pay the 2017 bills as follows:
GENERAL FUND, in the amount of $39,279.75 as set forth on the Abstract dated 03/14/2017;
ZONING FUND, in the amount of $9,105.33 as set forth on the Abstract dated 03/14/2017;
HIGHWAY FUND, in the amount of $93,820.07 as set forth on the Abstract dated 03/14/2017;
WATER FUND, in the amount of $6,887.28 as set forth on the Abstract dated 03/14/2017;
TRUST & AGENCY FUND, in the amount of $9,708.12 as set forth on the Abstract dated 03/14/2017.

--ADJOURNMENT: There was no other business before the Board at this time. Supervisor Gallahan moved to adjourn the meeting, 7:05 p.m., seconded by Councilman Phillips, unanimously APPROVED.


Respectfully Submitted,


JoAnn C. Henry, Town Clerk


Next Meeting Tuesday, April 11, 2017


MANCHESTER TOWN BOARD - REGULAR MEETING - FEBRUARY 14, 2017

MANCHESTER TOWN BOARD - REGULAR MEETING - FEBRUARY 14, 2017
PUBLIC HEARINGS: 2018 BUDGET TAX CAP OVERRIDE - 6:00 P.M. &
MORATORIUM ON SOLAR COLLECTION SYSTEMS & SOLAR FARMS - 6:05 P.M.

The Regular Monthly Meeting of the Manchester Town Board was held tonight, February 14th, 6:00 p.m. at the Manchester Town Hall with the following members present:
Jeffery Gallahan Supervisor
Douglas Davis Councilman
Charles Denosky, Jr. Councilman
Donald Miller, Jr. Councilman
David Phillips Councilman
OTHERS PRESENT: JoAnn Henry, Town Clerk; Steve DeHond, Code Enforcement Officer; Wayne Holtz, Highway/Water Superintendent; Vince Fischer, Acting Assessor; and Guests: Justice Katherine Denosky, Richard Wellman, Stephanie Holtz, Anthony Cirulli, Chris Kirby Waite, Russ Kenyon, Don Eastman and Tom Mincer.
CALL TO ORDER: Supervisor Gallahan opened the February 14th Board meeting at this time, 6:00 p.m.
1ST PUBLIC HEARING OPENED: Supervisor Gallahan opened the first public hearing re: the tax cap override for the 2018 Budget at this time, 6:00 p.m. The notice for this public hearing was published in the Daily Messenger and posted at the Manchester Town Hall and read as follows:
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 February, 2017, at 6:00 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 permit the Town Board to adopt a budget for the 2018 fiscal year that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.
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

1ST PUBLIC HEARING CLOSED/RESUMED WITH 2ND PUBLIC HEARING: Supervisor Gallahan asked if anyone wished to speak regarding the Proposed Local Law re: the tax cap for the 2018 fiscal year budget, repeated three times, hearing none, closed the Public Hearing, at this time 6:04 p.m., and proceeded with the second Public Hearing for tonight.

2ND PUBLIC HEARING OPENED: Supervisor Gallahan opened the second public hearing re: the Proposed Moratorium on Solar Collection Systems and Solar Farms, at this time, 6:05 p.m. The notice for this public hearing was published in the Daily Messenger and posted at the Manchester Town Hall and read as follows:
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 February, 2017, at 6:05 p.m., at the Manchester Town Hall, 1272 County Road 7, Town of Manchester, New York, regarding the adoption of a Local Law of the Town of Manchester for the year 2017 entitled “A Local Law Establishing a Moratorium on Solar Collection Systems and Solar Farms”. This local law would establish within the Town of Manchester a six (6) month moratorium on the review, approval or creation of any expansions to existing solar collection systems or solar farms or the approval of new solar collection systems or solar farms anywhere within the Town as well as the processing, granting or issuing of any preliminary or final site plan approvals, building permits, variances, special use permits or other approvals regarding such expansions to or new solar collection systems or solar farms within the Town anywhere within the Town of Manchester during the pendency of the local law. The one exception to this moratorium is that reviews of existing special use

TOWN OF MANCHESTER NOTICE OF PUBLIC HEARING (CONT.)
permits that are required to come regularly before the Town for re-approval may be reviewed and approved by the Town, provided such applications do not request any modifications to the existing solar collection systems or solar farms.
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 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 C. Henry, Town Clerk

2ND PUBLIC HEARING CLOSED / REGULAR MEETING RESUMED: Supervisor Gallahan asked if anyone wished to speak regarding the Proposed Local Law re: the Moratorium on Solar Collection Systems & Solar Farms, repeated three times, hearing none, closed the Public Hearing, and proceeded with the Regular meeting at this time 6:06 p.m.

REGULAR MEETING OPENED / CALL TO ORDER: Supervisor Gallahan opened the regular monthly Board meeting at this time, 6:06 p.m.
 
RESOLUTION #24 - APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 10th, 2017 AS SUBMITTED.
On motion of Councilman Phillips, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to approve the minutes from the Regular Meeting held on January 10th, 2017 as submitted.

RESOLUTION #25 – APPROVAL OF SUPERVISOR’S MONTHLY FINANCIAL STATEMENT
On motion of Councilman Davis, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:

VOTE: AYES-5 NAYS-0

RESOLVED, to approve the Supervisor’s Monthly Report as submitted. See minute book attachment for report.

RESOLUTION #26–APPROVAL OF TOWN CLERK’S MONTHLY REPORT
On motion of Councilman Phillips, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0
RESOLVED, to accept the Town Clerk’s report as follows:
-- 121 Dog Licenses (119 N & R; 2-K) $ 1,670.00
-- State Surcharge Fees 187.00
-- Transfer Station 2,387.00
-- Zoning Fees 492.00
-- DEC Licenses 385.00
-- 1 Marriage Licenses & Certificates 40.00
-- Photocopies .25
-- Bingo Proceeds 52.09
-- 6 Certified Copies 60.00

TOTAL COLLECTED--------------------------- $ 5,273.34
PAID TO NYSDEC------------------------------ $ 380.54
PAID TO STATE--------------------------------- $ 209.50
PAID TO SUPERVISOR (TOWN)----------- $ 4,683.30



Supervisor Gallahan asked if Mr. Waite wished to address the Board at this time.
--Mr. Kenyon informed the Board that Kirby’s Kompound, LLC would like to continue with holding the mud-runs, as in the past. The permit application has been submitted to the CEO and there would be three (3) dates for the runs on: 5/6, 6/24 and 8/26/17.
The updated insurance will be provided prior to the runs beginning. Board action to be taken later this meeting. Mr. Kenyon thanked the Board for their time.

Supervisor Gallahan received and reviewed the following correspondence with the Board at this time (See minute book attachment for all correspondence):
02/02, Town Clerk Monthly Report, 2/6/2017.

02/06, Supervisors Monthly Report, 12/31/16 to 01/31/17.

01/09, Mary Gates, Ontario County Director of Finance, 2016 payments from the Treasurer to the Supervisor/Town of Manchester.

01/15, Ontario County Board of Supervisors, resolution for Dog Control Agreements.

02/01, Gerry Geist, Association of Towns, disapproval of Governors efficiency plans.

01/24, Lori Reals, Clifton Springs Fire Dept. monthly report (December 2016).

01/11, Association of Towns, Court Clerks Conference.

01/25, Bill K, email re: water bill online payments.

01/15, Happy Tails, 2016 year dog report.

01/23, Matt Schaertl, Rt. 21 Thruway bridge replacement (sidewalks access).

01/20, Charter Communications, upcoming changes.

01/10, Erie Canal National Heritage Corridor, grant rejection.

01/11, Gerry Geist, Association of Towns, Unfunded State mandates.

01/31, Bank Collateralization as of 12/31/2016.

01/19, Sheryl Robbins, NYSDOH, water sampling requirements

01/17, Village of Clifton Springs press release, USDA dispersal of winter crows.

02/10, Kyle Black, Seneca Meadows, price increases.

02/10, Manchester Fire Dept., 2016 summary year report and 2017 Officers list.

ADDENDUM ITEMS: 01/20, Tammy Luzzi, Ontario County Real Property Tax Svc. letter re: Exemption options. (To be discussed later this meeting.)

02/2017 - Copy of resumes from Town Justices for substitute security personnel when the existing constables are unable to attend Court nights. This issue was discussed and the Board was in agreement to advertise for this position.

02/2017 Copy of the Zoning Officers Report for 2016 year.

02/2017 Copy of the transfer for tonight's meeting.

Supervisor Gallahan asked if there were any questions re: the correspondence of this meeting.
--Councilman Davis: In regard to the 1/23 email letter from Matt Schaertl to Mr. Muscanell of the NYS Thruway Authority, has there been any other updates for the sidewalks over the Rt. 21 Thruway bridge? Supervisor Gallahan: A meeting was held that I was unable to attend. The Thruway rep. and NYSDOT were informed that the Rt. 318 Corridor Study may have an impact in that area, and they may be revisiting that issue to re-consider the sidewalks.

Supervisor Gallahan asked if anyone in attendance wished to address the Board at this time.
--Mr. Wellman: We were told that the person hired was a certified assessor, and now find out he is not.
--Supervisor Gallahan: I have never stated that. Vince Fischer was appointed by this Board as an "Acting Assessor" until the classes are completed for becoming an Assessor.
--Mr. Wellman: When will that be?
--Supervisor Gallahan: The State allows 2 years to complete the courses.
--Vince Fischer: I am a certified appraiser, and some of the courses required have been waived. I have just completed an ethics class, and have four more courses to complete.
--Mr. Wellman: What are the costs involved, and I assume the Town is paying for that.
--Supervisor Gallahan: I will get the cost total for you.
--Mr. Wellman: Is that still a part-time position?
--Supervisor Gallahan: Yes, 24 hrs per week.
--Mr. Wellman: A lot of people are upset due to the 32% increase in taxes! and why it was not done gradually.
--Mr. Cirulli: Who is paying for that schooling since Mr. Fischer is not an Assessor?
--Supervisor Gallahan: The Town is, as it has in the past for the former Assessor.
Discussion continued re: the Budget process, income and expenses.
--Mr. Cirulli: Questioned the transfer station and if there was enough income to pay for the workers there. Supervisor Gallahan: Yes. Since the transfer station has been improved/updated, there has been positive income.
--Mr. Wellman: What is going on with the $50,000 grant funding?
--Supervisor Gallahan: The Grant funding ($50,000) that was promised by former Senator Nozzolio for transfer station improvements in 2014 has still not been received. Senator Helming is currently working on getting the funding processed.
*A text message regarding the funding that was sent to Supervisor Gallahan from Senator Helming was read at this time.
--Stephanie Holtz: Asked why none of the 5 Board members ever asked her why she left the Assessor position; and that she had even offered her services to help with the transition in that office. The reason stated in the newspaper was for her to get more hours, which was not a true statement, since she was a full time employee. Also, why her recommendation of keeping her former assistant was not done.
--Supervisor Gallahan: The last day of your employment here, you did not work the entire day, and when I arrived you had already left. RE: The newspaper article, I did not say that you left for more hours, and the reporter was contacted by myself to let him know it was incorrectly stated, and then an email was received to prove that conversation. RE: The former assistant staying on to help with the transition of the new appointment, she was given the opportunity to do that and stated she was not interested, and that she was going to work at another job to get more hours.
--Stephanie Holtz: Vince should be full time, since that was budgeted for and no amendment has been made to the budget to reflect that going to a part-time position.
--Supervisor Gallahan: The budget was amended to be a part-time position, and the dollar amount remains as is because the Board left it that way, just in case that position needs to be changed back to full-time.


JUDGES REPORT/CONFERENCE REQUEST: Town Justice Denosky presented and reviewed a *handout (*in minute book attachment) to the Board for the recommendations made to make the Court Room safe. Judge Denosky and Judge Martin met with two Sheriffs to look over the existing Meeting / Court room and give their suggestions to make the room more safe. Some recommendations were at no expense, and others would be very costly. Justice Denosky informed the Board that grant funding could be applied for each year to cover the more costly items.
--FYI: We were able to obtain three new computers for the Court Office through the NYS Court System, at no cost to the Town.
--Following the safety recommendations / discussion, there were two resumes given to the Board to consider for having sub constables available to work / fill in on an as needed basis only when the two current constables are unable to attend Court night(s).

--Justice Denosky informed the Board that there were several old / outdated items in the office and Court room that would not be used any longer. Not sure what to do with them.
Supervisor Gallahan: It is okay to dispose of the items. Take them to the transfer station.

--Justice Denosky requested the Board's authorization to allow both Court Clerks to attend the Conference being held in NYC with the Judges on February 19, 20 & 21, 2017. The courses being offered would be very helpful to the Clerks and the Judges. The Clerks and Judges would share two rooms, costs for one car-fee for parking & mileage, meals would be separate. Costs would be: Approx. $400 - $450 for rooms, parking $45 to $55 per day, plus meals.
--Councilman Davis: A study for safety concerns was done in 2006. There were several changes recommeded at that time. This room is also a meeting room, and it needs to be available for meetings as well as for Court nights.
--Councilman Phillips: Taking Security measures is definitely a good idea. Locks on the doors, safety glass, etc.
--Justice Denosky and Justice Martin will be working on getting a listing of items needed to submit grant application(s).

RESOLUTION #27–APPROVAL OF COURT CLERKS AND TOWN JUSTICES TO ATTEND NYC CONFERENCE - FEBRUARY 19th, 20th AND 21st, 2017.
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to approve the Court Clerks to attend the NYC Conference on February 19th, 20th and 21st, along with Justice Martin and Justice Denosky.


RESOLUTION #28–APPROVAL OF KIRBYS KOMPOUND PERMIT TO HOLD MUD-RUNS PENDING THE INSURANCE COVERAGE PAPERWORK IS SUBMITTED PRIOR TO THE FIRST RUN
On motion of Councilman Denosky, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to approve Kirby's Kompound, LLC to hold three mud-runs, as stated in the permit application submitted to the Zoning Department, pending insurance coverage paperwork is provided to the Zoning Officer prior to the first event being held.


FINGERLAKES TECHNOLOGIES GROUP UPDATE / DISC.: The new telephones are set to be installed this week for the Town hall offices. There was an issue with getting the lines run from the Town Hall to the Highway Facility, so they are not able to make the connection to the highway building at the same time. Discussion was held regarding this issue. It was unanimously decided that we would not proceed with getting the new phones installed at this time. When the connection can be done to the highway facility (possibly in the spring) and both facilities can be connected, the new phones would then be installed. A trench needs to be dug to have the lines run to the highway facility. Supervisor Gallahan will contact the FLTG representative to inform them of the Board's decision.


EXEMPTIONS REVIEWED: Supervisor Gallahan reviewed the Exemption levels as submitted in the correspondence this meeting from Tammy Luzzi, OCRPTS. The following action was taken.

RESOLUTION #29–APPROVAL OF NO CHANGES TO THE EXEMPTION LEVELS
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, a review of the Exemption levels offered to the Town of Manchester Residents has been done; therefore, it is hereby

RESOLVED, to approve the Exemption levels to remain the same for the Town of Manchester: Senior Citizen's, Persons with Disabilities and Veterans' Alternative Exemption.

ONLINE PAYMENTS DISC: An email was received by Supervisor Gallahan requesting online payments be accepted. Discussion continued re: Security issues/liability, Insurance coverage & legal issues involved. This will be checked into.

HIGHWAY / WATER SUPERINTENDENT REPORT
Superintendent Wayne Holtz, reported the following:
--Truck #2 is out of commission and needs a EGR cooling system. It is approximately $1,300 in parts to get it fixed.
--Still okay with the salt.
--Transfer station maintenance is still an issue. None of the transfer station attendants have done the upkeep of the equipment there. Superintendent Holtz requested that the Board allow him to re-bill the transfer station for the upkeep of the equipment that his employee(s) do.

RESOLUTION #30–APPROVAL OF REIMBURSEMENT TO HIGHWAY FUNDS FROM THE TRANSFER STATION, AS BILLED FOR THE UPKEEP OF THE EQUIPMENT
On motion of Councilman Phillips, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to approve Superintendent Holtz to submit billing(s) for the upkeep of the transfer station equipment to be reimbursed to the highway fund from the transfer station account.


RESOLUTION #31–APPROVAL OF OFFERING BUY OUT FOR HEALTH INSURANCE
On motion of Councilman Phillips, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0
RESOLVED, to offer a buy-out amount to Employees if they wish to do so, as opposed to taking health insurance. The total amount would be $1,500.00 to be paid quarterly; and, if an employee chooses the buy-out, a form provided by the Insurance Company would need to be signed that would state the Employee has other insurance coverage.

--FYI: Training for the new installation at the meter pit will be held on February 22nd. Superintendent Holtz, Kevin Lyke and Farmington Water dept. personnel will be attending.

--Still waiting for NYSDOH approval to continue with installation of the new equipment at the water plant.

--FYI: Midlakes School District Superintendent has contacted Superintendent Holtz with a request to store the salt for the school (approx. 140 ton). In the past years, there has been a "Letter of Agreement" for allowing salt storage in the Town Facility barn. A copy of the "letter of agreement" has been sent to the Midlakes School district for their review. No response has been received as of today.
The Board did not see a problem with allowing the Midlakes District to store salt here, as long as there is a "letter of agreement" in place.
--The Water Street culvert project has been denied.
--Highway Department MEO's do not have to do water. Superintendent Holtz and Bookkeeper Janis Catalano met with County Civil Service Representative(s) regarding this issue.
--The job description needs to be re-written for MEO / Water. After that is acceptable to the County, then the Board will have to create the position and job applications will have to be submitted for the position. The Board sets the pay range. The County makes sure that there is a differential between pay and the job description.
--Qualifications for doing water require training to be done outside of the current job.
--Until a correction/job description is completed, any MEO that continues to do water has signed paperwork stating that they acknowledge they are working outside of their current job description.
Supervisor Gallahan stated he did not want to let anyone from the highway dept. go, and would like to keep the existing Employees, but if the requirement is to accept job applications for the most qualified person they may not be from the Town.

--Councilman Phillips: In regard to vacation time, it was briefly brought up at the Special Meeting, with no action taken. An employee met with Councilman Phillips and requested clarification about this issue.
If the anniversary date falls between January 1 thru June 30th, the vacation time would be given on January 1st of that year, if it falls between July 1 thru December 31, it would be given on the January 1st of the following year.
Why did the Town switch from the Anniversary date? and go with the year of hire?
Strictly for bookkeeping issues to go with the year of hire. (Board action to follow later this meeting.)

Scheduling has also been brought up. Superintendent Holtz has requested 75% of the Highway Employees vacation time be scheduled by March 31st of each year, so that he can prepare the road work schedule. Any highway Employee scheduling is to be done by the Highway Superintendent.


ZONING OFFICER REPORT
Steve DeHond, Code Enforcement Officer, reported the following:
--Permits issued in January, 2017, five (5).
--Fees Collected -- $162.00.

--Estimated Construction costs -- $46,000.00.
--Steve and Marty have done twenty-seven (27) annual fire inspections in the three Village(s) & Town in January.
--A handout for 2016 year from the Zoning Office was given to the Board and briefly reviewed at this time. (See minute book attachment for the handout.)

ASSESSOR'S REPORT
Vincent Fischer, Acting Assessor, reported the following:
--Busy with STAR applications coming in and being processed as well as Income Verification applications for the enhanced STAR program.
--Mr. Fischer attended the Ontario County Assessor's meeting this week. A presentation on solar farms was given. How to process evaluating solar panels, etc.
--Currently waiting for a list of qualified people to interview for the Assessor's Aide position. Vince asked what the hours would be and the pay rate. Supervisor Gallahan: as previously determined by the Board (Resolution #23/2017), not to exceed 24 hrs./week and not to exceed $13.00/hr.

--Supervisor Gallahan was hoping to have a list from the County for candidates in the next two weeks.

RESOLUTION #32–APPROVAL OF TRANSFER
On motion of Councilman Davis, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

RESOLVED, to approve the following transfer:

From: Amount: To:
GENERAL FUND
A1990.4 $ 557.00 A9730.7 To cover BAN interest payment.

BOARD MEMBER ITEMS:
--Councilman Miller asked about the email from Matt Schaertl and the NYSDOT re: the Rt. 21 bridge for sidewalks and who he is representing. Supervisor Gallahan: Chamber of Commerce and the Snowmobile Club.

--Councilman Denosky requested that the sub positions for transfer station attendants be filled, to have people available to be on call. No one has been appointed to fill in as of today.

--Councilman Phillips: Requested that the vacation time issue be resolved / stated, as discussed earlier this meeting. The following action was taken.

RESOLUTION #33–APPROVAL OF VACATION TIME ISSUE FOR TOWN EMPLOYEES
On motion of Councilman Davis, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-3 NAYS-2
Councilman Denosky - Opposed
Councilman Davis - Opposed

RESOLVED, to approve the following for vacation time for Town Employees:
If the anniversary date falls between January 1 thru June 30th, the vacation time would be given on January 1st of that year, if it falls between July 1 thru December 31, it would be given on the January 1st of the following year.


RESOLUTION #34–APPROVAL TO ADVERTISE FOR THE CONSTABLE POSITION
On motion of Councilman Denosky, seconded by Councilman Davis, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

WHEREAS, a request from the Town Justices has been submitted to have a substitute Constable to fill in only when the other Constables are not available; therefore be it

RESOLVED, to approve to advertise for a substitute Constable (armed licensed security guard) to fill in on an as needed basis for the Town of Manchester.

Supervisor Gallahan asked for two Councilmen to be on the Interview Committee for the substitute constable position. Councilman Miller and Councilman Phillips volunteered.


RESOLUTION #35– RESOLUTION AUTHORIZING ADOPTION BY THE TOWN BOARD OF
THE TOWN OF MANCHESTER OF LOCAL LAW NO. 1 OF 2017

On motion of Councilman Davis, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

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 February 14, 2017, at 6:00 p.m. at Manchester Town Hall, 1272 County Road 7, Town of Manchester, New York, to hear all interested parties on a proposed Local Law to override the tax levy limit established in General Municipal Law §3-c; and

WHEREAS, notice of said public hearing was duly advertised in the official newspaper of the Town of Manchester, on February 7, 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 February 14, 2017, at 6:00 p.m. at the Manchester Town Hall, 1272 County Road 7, Town of 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, 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. 1 of 2017, entitled, “A local law to override the tax levy limit established in General Municipal Law §3-c”, a copy of which is attached hereto and made a part of this resolution, 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, and to give due notice of the adoption of said local law to the Secretary of State of New York.


RESOLUTION #35– RESOLUTION AUTHORIZING ADOPTION BY THE TOWN BOARD OF
THE TOWN OF MANCHESTER OF LOCAL LAW NO. 1 OF 2017 (CONT.):
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 February 14, 2017, by the following vote:
Aye Nay

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


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

RESOLUTION
WHEREAS, the Town Board of the Town of Manchester is the governing body of the special districts and/or fire protection districts set forth in the Schedule attached hereto and made a part hereof; and
WHEREAS, it is the intent of this resolution to override the limit on the amount of real property taxes that may be levied by the Town of Manchester, on behalf of the aforesaid special districts and/or fire protection districts, pursuant to General Municipal Law §3-c, and to allow the Town of Manchester, on behalf of the aforesaid special districts and/or fire protection districts, to adopt a budget for the fiscal year 2018 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c; and
WHEREAS, this resolution is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the tax levy limit for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Manchester, County of Ontario, is hereby authorized to adopt a budget for the fiscal year 2018 on behalf of the special districts and/or fire protection districts set forth in the Schedule attached hereto and made a part hereof that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

Special Districts:FD361-Manchester-Clifton Fire Protection
:FD362-Manchester Fire Protection
:FD363-Manchester-Shortsville Fire Protection
:FD364-Manchester-Port Gibson Fire Protection
:FD365-Manchester-Palmyra Fire Protection
:WD369-Central Water Ext #3
:WT361-Central Water Ext #4
:WD363-Rt 96 Water District (Units)
:WD365-Central Manchester Water District (Units)
:WD367-Central Manchester Water District Ext 2 (Units)

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 February 14, 2017, by the following vote:

Aye Nay

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

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

Town of Manchester
Local Law No. 1 of the year 2017

A local law to override the tax levy limit established in General Municipal Law §3-c

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

Section 1: Legislative Intent
It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Manchester, County of Ontario pursuant to General Municipal Law §3-c, and to allow the Town of Manchester to adopt a town budget for (a) town purposes (b) fire protection districts and (c) any other special or improvement district governed by the town board for the fiscal year 2018 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.
Section 2: Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the town board to override the tax levy limit by the adoption of a local law approved by a vote of sixty percent (60%) of the town board.

Section 3: Tax Levy Limit Override
The Town Board of the Town of Manchester, County of Ontario, is hereby authorized to adopt a budget for the fiscal year 2018 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c.

Section 4: 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 5: Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.


RESOLUTION #36-RESOLUTION AUTHORIZING ADOPTION BY THE TOWN BOARD OF THE TOWN OF MANCHESTER OF LOCAL LAW NO. 2 OF 2017 ENTITLED
“A LOCAL LAW ESTABLISHING A MORATORIUM ON SOLAR COLLECTION SYSTEMS AND SOLAR FARMS”
On motion of Councilman Davis, seconded by Councilman Miller, the following resolution was unanimously ADOPTED:
VOTE: AYES-5 NAYS-0

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 February 14 , 2017, at 6:05 p.m. at the Manchester Town Hall, 1272 County Road 7, Town of Manchester, New York, to hear all interested parties on a proposed Local Law entitled, “A Local Law Establishing a Moratorium on Solar Collection Systems and Solar Farms”; and

WHEREAS, notice of said public hearing was duly advertised in the official newspaper of the Town of Manchester, on February 7, 2017 and other notices required to be given by law were properly served, posted or given; and

WHEREAS, said public hearing was duly held on February 14, 2017, at 6:05 p.m. at the Manchester Town Hall, 1272 County Road 7, Town of 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

MANCHESTER TOWN BOARD - REGULAR MEETING - FEB. 14, 2017 (CONT.)
PUBLIC HEARINGS: 2018 BUDGET TAX CAP OVERRIDE - 6:00 P.M. &
MORATORIUM ON SOLAR COLLECTION SYSTEMS & SOLAR FARMS - 6:05 P.M.

RESOLUTION #36-RESOLUTION AUTHORIZING ADOPTION BY THE TOWN BOARD OF THE TOWN OF MANCHESTER OF LOCAL LAW NO. 2 OF 2017 ENTITLED
“A LOCAL LAW ESTABLISHING A MORATORIUM ON SOLAR COLLECTION SYSTEMS AND SOLAR FARMS” (CONT):

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. 2 of 2017, entitled “A Local Law Establishing a Moratorium on Solar Collection Systems and Solar Farms”, a copy of which is attached hereto and made a part of this resolution, 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, and to give due notice of the adoption of said local law to the Secretary of State of New York.

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 February 14, 2017, by the following vote:

Aye Nay
Jeffery L. Gallahan _X_ ___
Douglas Davis _X_ ___
David Phillips _X_ ___
Charles M. Denosky, Jr. _X_ ___
Donald E. Miller, Jr. _X_ ___

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


Town of Manchester -- Local Law No. 2 of the year 2017

A local law "Establishing a Moratorium on Solar Collection Systems and Solar Farms"

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

Section 1. STATEMENT OF LEGISLATIVE INTENT:
It is the purpose of this moratorium to enable the Town of Manchester to have sufficient time to review existing laws pertaining to solar collection systems or solar farms and to recommend modifications to those laws or new laws regarding such operations. This review is in accordance with the Town of Manchester Comprehensive Plan.

Changes to such laws would permit a well-organized and easily understood code, achieve the objectives of the Comprehensive Plan and encourage consistent and fair application of laws pertaining to such operations. In regard to the environment, such review and possible modifications are felt necessary to permit for careful development that would allow for continued economic development while assuring that such development is compatible with the community and competing land uses.

The Town Board is concerned that approval of expansions to existing such operations or approval of new such operations, under the existing laws, could negatively impact the value and appearance of the neighborhoods in which they would be situate and of the Town as a whole.

It is, therefore, the intent of the Town Board to suspend the approval of all expansions to existing such operations and approval of new such operations. This will afford the Town sufficient time to draft amendments to the Town’s Zoning Code.

Town of Manchester -- Local Law No. 2 of the year 2017 (CONT.):
Based on the foregoing, the Town Board wants to ensure that any such expansions to existing such operations or approval of new such operations are reviewed under the new regulations and not under the existing laws.

Section 2. DEFINITIONS

A. SOLAR COLLECTION SYSTEM OR SOLAR FARM - An area of land or other area used for a 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.

B. TOWN: Town of Manchester, Ontario County, New York

C. TOWN BOARD: Town of Manchester Town Board

D. PLANNING BOARD: Town of Manchester Planning Board

E. ZONING BOARD OF APPEALS: Town of Manchester Zoning Board of Appeals

F. CODE ENFORCEMENT OFFICER: Town of Manchester Code Enforcement Officer

Section 3. MORATORIUM.
4
A. The Town Board hereby enacts a moratorium, which shall prohibit the review, approval or creation of any expansions to existing solar collection systems or solar farms or the approval of solar collection systems or solar farms anywhere within the Town.

B. This moratorium shall be in effect for a period of six (6) months from the effective date of this Local Law and shall expire on the earlier of (i) the date six (6) months from said effective date, unless renewed; or (ii) the enactment by the Town Board of a resolution indicating the Town Board is satisfied that the need for the moratorium no longer exists.

C. This moratorium shall apply to all real property within the Town.

D. Pursuant to this moratorium, the Planning Board shall not review any applications for any expansions to existing solar collection systems or solar farms or the approval of new solar collection systems or solar farms and shall not grant any preliminary or final site plan approval to any such expansions to or new solar collection systems or solar farms within the Town.

E. Pursuant to this moratorium, the Code Enforcement Officer shall not issue Building Permits for any construction involving any expansions to solar collection systems or solar farms or involving any new solar collection systems or solar farms anywhere within the Town.

F. Pursuant to this moratorium, no applications for variances, special use permits or other approvals involving any expansions to solar collection systems or solar farms or involving any new solar collection systems or solar farms shall be processed or granted; except that reviews of existing special use permits that are required to come regularly before the Town for re-approval, may be reviewed and approved by the Town, provided such applications do not request any modifications to the existing solar collection systems or solar farms.


Town of Manchester -- Local Law No. 2 of the year 2017 (CONT.):
Section 4. PENALTIES.
Any person, firm, entity or corporation which shall violate the provisions of this Local
Law, shall be subject to:
1. A penalty in the amount of a minimum of $100.00 and a maximum of $250.00 for each day that such violation shall exist; and
2. Injunctive relief in favor of the Town to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction or improvements which may have been built in violation of this Local Law.
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Local Law.

Section 5. VARIANCES
Any property owner affected by this moratorium may apply to the Zoning Board of Appeals and make use of the existing variance procedures under the Zoning Law of the Town of Manchester to seek relief from the restrictions of this local law.

Section 6. VALIDITY.
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such 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 thereof directly involved in the controversy in which such judgment shall have been ordered.

Section 7. SUPERSEDING EFFECT.
Pursuant to New York Municipal Home Rule Law, Section 22, the provisions of this law are to supersede any inconsistent provision of state or local law.

Section 8. EFFECTIVE DATE.
This Local Law shall take effect immediately upon filing with the New York Department of State and shall remain in force and effect for a period of six (6) months from the date of such filing.

RESOLUTION #37 - AUDIT OF CLAIMS APPROVAL
On motion of Councilman Davis, seconded by Councilman Phillips, the following resolution was unanimously ADOPTED:

VOTE: AYES-5 NAYS-0

RESOLVED, to approve to pay the 2017 bills as follows:
GENERAL FUND, in the amount of $28,098.44 as set forth on the Abstract dated 02/14/2017;
ZONING FUND, in the amount of $15,005.31 as set forth on the Abstract dated 02/14/2017;
HIGHWAY FUND, in the amount of $61,858.99 as set forth on the Abstract dated 02/14/2017;
FIRE DISTRICT FUNDS, in the amount of $166,225.00 as set forth on the Abstract dated 02/14/2017;
WATER FUND, in the amount of $6,366.13 as set forth on the Abstract dated 02/14/2017;
TRUST & AGENCY FUND, in the amount of $9,434.87 as set forth on the Abstract dated 02/14/2017.

--ADJOURNMENT: There was no other business before the Board at this time. Supervisor Gallahan moved to adjourn the meeting, 7:50 p.m., seconded by Councilman Phillips, unanimously APPROVED.
Respectfully Submitted,

JoAnn C. Henry, Town Clerk

Next Meeting Tuesday, March 14, 2017


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