May 25, 2017


A Workshop Meeting of the Town Board of the Town of Marcellus, County of Onondaga, State of New York was held on Thursday, May 25, 2017, in the Town Hall, 24 East Main Street, Marcellus, New York.  Those present were:
Karen R. Pollard, Supervisor
John Cusick, Councilor
Chris Hunt, Councilor
Kevin O’Hara, Councilor
Laurie Stevens, Councilor - Absent


Also present: Jim Gascon, Town Attorney; Phil Coccia, Recreation Director; Don MacLachlan, Highway Superintendent; John Houser, Codes Officer; Chris Christenson,

Scott Stearns, Mark Taylor, Jerry Wickett, Ron Schneider – all members of the Planning Board; Bernard Montgomery, Keith Ramsden, Park Crew Leader; Mary R. Casper, Susan Dennis, Deputy Town Clerk and Sandy Taylor, Town Clerk.


Supervisor Pollard opened the meeting at 5:30 pm with the Pledge of Allegiance to the Flag.




The Abstract of Audited Vouchers was given to the Board Members as submitted by the Town Clerk, Abstract #5 as of May 22, 2017, Claim #’s 145599-145633, 145642-145649.




                        General Fund                                      $35,187.15

                        Part Town General                                  3,141.51

                        Town Wide Highway                             5,026.57

                        Part Town Highway                                5,689.73

                        Trust and Agency                                   1,303.08


                        Total                                                    $50,348.04


Bills Paid Between Meetings:


 Vendor                           Voucher Number                                                    Amount

ProShred                                 145594                                                            $ 500.00

NYSEG                                  145595                                                             1,348.74

NYSEG                                  145596                                                               478.55

NYSEG                                  145597                                                               378.35

Windstream                             145598                                                                531.94


Transfer of Funds:

From:  A.230                                       Park Capital Reserve               $9,839.18

To:      A.7110.4000                            Park – Contractual                  $9,839.18


Councilor Cusick made a motion seconded by Councilor Hunt to approve and pay the bills and the transfer of funds.

Ayes – Pollard, Hunt, O’Hara and Cusick                                                     Carried           



Benchmark Resolution: Councilor O’Hara made a motion seconded by Councilor

Cusick to approve the following Benchmark Resolution.












The Town Board of the Town of Marcellus, in the County of Onondaga, State of New York, met in regular session at the Municipal Building, located at the Town Hall, in the Town of Marcellus, County of Onondaga, State of New York, on the 25th day of May, 2017 at 5:30 p.m.


The meeting was called to order by Supervisor Karen Pollard, and the following Councilors were present, namely:


Christopher Hunt

Kevin O’Hara

John Cusick

                                   Absent:  Laurie Stevens, Councilor  

            Also present:  Town of Marcellus Attorney James J. Gascon and Town Clerk Sandy Taylor  


            The following resolutions were moved, seconded and adopted:


            WHEREAS, buildings are the single largest user of energy in the State of New York; the poorest performing buildings typically use several times the energy of the highest performing buildings for the exact same building use; and


WHEREAS, collecting, reporting, and sharing building energy data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide, and equipped with this information the Town of Marcellus is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement; and


WHEREAS, the Town Board of the Town of Marcellus desires to use Building Energy Benchmarking, a process of measuring a buildings energy use, tracking that use over time, and comparing performance to similar buildings, to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town; and


WHEREAS, as such the Town Board desires to establish a procedure or guideline for Town staff to conduct such Building Energy Benchmarking; and


NOW THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED, that the following specific policies and procedures are hereby adopted and imposed as active and affirmative financial internal control procedures of the Town of Marcellus;





(1) “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics.


(2) “Building Energy Benchmarkingshall mean the process of measuring a buildings Energy use,

tracking that use over time, and comparing performance to similar buildings.


(3) “Commissionershall mean the head of the Department.


(4) Covered Municipal Building” shall mean a building or facility that is owned or occupied by the Town of Marcellus that is 1,000 square feet or larger in size.


(5)Department shall mean the Town of Marcellus Clerks Office.


(6) Energy shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use.


(7) Energy Performance Score shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.


(8) Energy Use Intensity (EUI) shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area.


(9) Gross Floor Area shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy.


(11) Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor.


(12) Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings.


(13) “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations.






(1)   This policy is applicable to all Covered Municipal Buildings as defined in Section 2 of this policy.   


(2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical.



(1)  No later than May 1 every year, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year.


(2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year.



(1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year:

            (a) no later than September 1 each year for Covered Municipal Buildings; and


(2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information:

            (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and

            (b) For each Covered Municipal Building individually:

                        (i) The status of compliance with the requirements of this Policy; and

                        (ii) The building address, primary use type, and gross floor area; and

                        (iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and

                        (iv)  A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Policy) across calendar years for all years since annual reporting under this Policy has been required for said building.




The Department shall maintain records as necessary for carrying out the purposes of this Policy, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years.




(1)  The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Policy.


(2) The Chief Enforcement Officer of this Policy may promulgate regulations necessary for the administration of the requirements of this Policy.


(3) Within thirty days after each anniversary date of the effective date of this Policy, the Chief Enforcement Officer shall submit a report to the Town of Marcellus including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Policy.


FURTHER RESOLVED, the Town Board of the Town of Marcellus, in regular session duly convened, does hereby authorize and direct the Supervisor or Clerk-Treasurer of the Town of Marcellus to execute such other and additional documents as may be required for to perfect the resolutions herein;


            The question of the adoption of the foregoing Resolution was duly put to a vote and the vote was as follows:


Karen Pollard




Christopher Hunt




Kevin O’Hara




John Cusick




Laurie Stevens




The foregoing Resolution was thereupon declared duly adopted.



DATED: May 25, 2017                                             Sandy Taylor

                                                                        Town of Marcellus Clerk


Recreation Agreements:  Councilor O’Hara made a motion seconded by Councilor Cusick to authorize Supervisor Pollard to sign the following recreation agreements for summer concerts:


            Marcellus Bluegrass Artists                June 22, 2017                          $400.00

            Thunder Canyon                                 July 21, 2017                           $600.00

            Joe Whiting                                         Aug. 10, 2017                         $750.00


Ayes – Pollard, Hunt, O’Hara            and Cusick                                                                              Carried


Adjourn Business Session:  Councilor Hunt made a motion seconded by Councilor Cusick to adjourn the Business Session of the Meeting at 5:45 pm and open up the Workshop Session of the Meeting.

Ayes – Pollard, Hunt, O’Hara and Cusick                                                                             Carried




Daughters of the American Colonists (added item):  Mary Raye Casper from the Daughters of the American Colonists came and spoke about the plaque that the Town Board stated they would display.   She came with the wording they would like to use and asked the board about the colors that they would like.  The other idea would be to have a sign instead of a plaque on a boulder or the building.  The area they would like to recognize is Main Street. This was an important travel route from the 1790’s.  The dedication ceremony would probably be in October of 2017.  The Town will be in touch with our local contact person, Mary Raye Casper, regarding this.


Solar Law Discussion:  A discussion took place between the Town Board Members and the Planning Board members regarding the Solar Law.  Jim Gascon, Town Attorney, will draft up a new proposed law for the approval of the Town Board and Planning Board as some new questions were asked and some wording needs to be revised.


Update of Local Law regarding Solid Waste:  Jim Gascon, Town Attorney, made some changes to the current Local Law enacting updated regulations for the collection, removal and disposal of solid waste in the Town of Marcellus, replacing Local Law No. 1 of the year 2000.  The board members can review the proposed law. This will be on the June agenda.


Parks & Rec – 5 year plan (added item):  Phil Coccia, Recreation Director, has a five year plan for equipment replacement.  The Park Department is looking into a new truck with a plow so that they don’t always end up with the older ones from the Highway Department. 


John Houser- MCM No. 1 Public Education and Outreach: John Houser, Codes Officer, has to do public education and outreach for the Stormwater.  Today he spoke about MCM No. 1 (Minimum Control Measure No. 1).  This is just stating that the Town pays $3,600 a year and he receives training on Stormwater.  There are goals that we have to meet.  The Codes Officer has to do a report at the end of each year stating what the Town has done regarding Storm Water.


Items from the Board


Supervisor Pollard talked about a meeting that she attended with other Town Supervisor’s and Village Mayors regarding the shared services.  At this point the County is in control of what is going to happen.  The Villages and Towns do share a number of services already. 


Supervisor Pollard received an e-mail from Joe Durand, TDK Engineering, stating that the Paper Mill is well on its way with the fill.  John Houser, Codes Officer, will be setting up a meeting with Mr. Durand,  Supervisor Pollard and whoever from the Board can make it to see what the next step will be.


Supervisor Pollard stated that last Saturday, May 20, 2017, the park was very busy with a

Fishing Derby, Antique Show and a Birthday Party.  Comments were made as to how nice the park is.


Items from the Floor


Phil Coccia, Recreation Director, stated that the Stone Mill Pavilion is open and estimates on flooring will be coming in.


Adjourn:  Councilor Hunt made a motion seconded by Councilor Cusick to adjourn the Workshop Meeting at 7:20 pm.

Ayes – Pollard, Hunt, O’Hara and Cusick                                                                             Carried


Respectfully submitted,


Sandy Taylor, Town Clerk