TOWN BOARD MEETING JUNE 27, 2017

Transcription

1 At a regular meeting of the Town Board of the Town of Farmington held in the Farmington Town Court Facility of said Town on the 27 th day of June, at 7:00 PM, there were: PRESENT: Peter Ingalsbe Supervisor Michael Casale Councilman Steven Holtz Councilman Ron Herendeen Councilman Nate Bowerman Councilman Michelle Finley Town Clerk Also present were: Dave Degear Water & Sewer Superintendent, Don Giroux Highway/Parks Superintendent, Ron Brand Director of Planning and Development, Bill Davis MRB Group, Adrian Bellis Planning Board Member, Mr. Walton resident, Tim and Dotti Mickelsen residents, Greg McMahon McMahon Larue, Bob Cantwell BME Associates, Mark Stevens Ashley Group, and several residents. PUBLIC HEARING: PROPOSED REVISIONS TO LOTS #4 & #5 OF THE OVERALL MERCIER INCENTIVE ZONING DISTRICT MAP Supervisor Ingalsbe opened the Public Hearing at 7:00 p.m. The Town Clerk read the legal notice. Greg McMahon stated that they are requesting modification to the incentive zoning for lots 4 and 5. He added that the plans had previously present to the Town Board and then was referred to the Town Planning Board as well as the Ontario County Planning Board. He stated that both of those boards have made their recommendations to the Town Board. Mr. McMahon gave a brief summary of the project to the audience. He stated that this application in a very small way modified the incentive zoning which was originally for the apartment portion of the project plus the 20,000 sq. ft. of restricted business. He added that Home Leasing in an effort to address some comments from neighbors to the south and west of the project sought to rearrange some of the buildings and as a result of that was requesting a reduction in the restricted business portion from 20,000 sq. ft. to 15,000 sq. ft. He added that all the incentives offered in the original application remain the same. Supervisor Ingalsbe asked if there were any staff comments. Mr. Brand stated that they town is still waiting for the HEC/RA Study from Fishers Associates. Bill Davis, MRB Group, will look into it. Councilman Bowerman stated that Fishers Associates is waiting for the modification plan before they can move forward. Mary Fowler of 6176 Hunters Drive asked where this project was going to be. Supervisor Ingalsbe stated off of Route 332 and Mercier Blvd, property that is south of Mercier Blvd. Joe O Mara asked what incentive zoning means. Ron Brand, Director of Development and Planning, replied that incentive zoning is a district that was created in Chapter 165 of the Town Code and it sets a list of criteria to be met in order for the town to consider when granting the incentive zoning and each application is different. There is a give and take on amenities offered. It was asked for a brief synopsis of the project. Supervisor Ingalsbe stated that it basically is two parcels of land, one will have 104 apartments on it and then subdivide the property and have commercial lots. Some of the amenities are street lights, road that connecting Hathaway Drive to Mercier Blvd., sidewalks, increased size in the watermain. Supervisor Ingalsbe stated the Public Hearing will remain open. APPROVAL OF MINUTES: A motion was made by Councilman Bowerman and seconded by Councilman Casale, that the minutes of the June 13, 2017, and June 20, 2017, given to members for review, be approved. Four Voting Aye on the June 13 th minutes (Ingalsbe, Holtz, Bowerman, and Casale), One Abstention (Herendeen), and All Voting Aye for the June 20 th minutes (Ingalsbe, Bowerman Holtz, and Casale, and Herendeen). Carried. PRIVILEGE OF THE FLOOR: Ashley Group- approximately 134 acres at the SW corner of CR 41 and Route 332 Mr. Bob Cantwell, BME Associates, representing the Ashley Group, presented informally a concept plan for development of the 134 acres property. Mark Stevens from the Ashley Group also appeared on behalf of this project. Mr. Cantwell stated that they have met with staff over the past several months to solicit input. Mr. Cantwell distributed a project overview summary with maps to the Town Board Members. He stated that the property is bounded by the north with County Road 41 and Route 332 intersection. The Auburn Trail hike way/bikeway abuts the property to the south. Mr. Cantwell stated that the property currently consists of three zoning districts, the largest is the R-1-15 (approximately 116 acres), General Business (approximately 13 acres along Route 332), and Light Industrial (approximately 5 acres along County Road 41). He stated that the proposal is for incentive zoning. Mr. Cantwell pointed out some of the features and components of the proposal. He started working from Route 332 portion of the site working east, there are four commercial parcels. He stated that the applicant has not determined what uses would be appropriate within those areas. He then moved further west on the property, there is an existing cemetery northeast portion of the property and they have proposed a common green area approximately 4 acres encompassing the cemetery. Eastern Portion of the site will have 88 two-story apartments, each unit has 8 units, total of 11 buildings. He stated one of the features of the project is consistency with the MTOD plan, which calls for additional connector roads. Another feature is 136 townhomes, 60 two-story with one car garage, 76 one-story ranch style with two car garages. To the south and western portion of the site they are 54 single family villa homes (approximately 7000 sq. ft. in size) for sale and will be served by private roads and HOA maintained features then further to the north there will be 90 single family homes (approximately 12,000 sq. ft.) for sale with Town dedicated roads. They also show a community clubhouse and pool for townhome and apartment residents. Mr. Cantwell stated that they have identified a number of community benefits and amenities. One of which is the infrastructure improvements of signalization and intersection improvements for proposed access to NYS Route 332 in the southern portion of the property s frontage as identified in the MTOD plan. Another improvement was the installation of an oversized watermain (12 inch) to improve water pressure and water flows. Another improvement would be the potential contribution to help fund a sanitary sewer study to determine the need of the community. Miscellaneous improvements to the approximately 5 acre Beaver Creek Park Section 4 Town Park lands offsite and adjacent to the Auburn Trail. There is also a possibility of improvements to include a trail connection from the existing Amber Drive to the Auburn Trail. The construction of a public sidewalk along the south side of County Road 41 from the NYS Route 332 intersection west to the Auburn Trail/County Road 41 crossing is another improvement. Mr. Cantwell stated that the incentives they are requesting from the Town Board are an increase in dwelling unit density for a site, Changes in lot area and dimensional requirements, and changes of use (approval for residential apartments and townhomes including a community clubhouse). He added that they have also identified open space as a benefit to the community, there is a 9 acre portion along the creek area of open space. Councilman Holtz asked if there was a breakdown of land use in the proposed application, for instance, how many acres for a single family home, how many for multi. Mr. Cantwell stated that he has a proposed build out but not a specific acreage. Mr. Cantwell stated that they could pull that information together quickly. Councilman Holtz asked the Highway Superintendent about the adding of town dedicated cull-

2 de-sacs and if he had any issues with them. Supervisor Ingalsbe asked Mr. Cantwell to go over which roads are town dedicated and which ones are private roads. Mr. Cantwell went over that information. Councilman Casale asked why both types. Mr. Stevens stated that there were three components, rentals, HOA, and to buy. Councilman Bowerman is concerned about the density of the residential and not enough commercial. He added that he had a concern with the number of children this would add to the school district because the schools are already overcrowded as it is. His concern is the total number of residential units. HE also felt there is more opportunity for commercial along Route 332. Councilman Herendeen agreed with Councilman Bowerman in the need for more commercial. Supervisor Ingalsbe asked if Mr. Cantwell or Mr. Stevens could speak about the different rental types. Mr. Stevens stated that there is the single family home which is the most traditional, the HOA piece is more for empty nesters, and the rental piece will have three different products to choose from: townhouse section which usually have families, ranch townhomes which the majority are empty nesters, and traditional apartments which are usually childless couples. Mr. Stevens added that not every piece will have a family component. Councilman Bowerman stated that he knows how they are marketed but he also knows how people flock to the Victor School district and he knows what the general trends are and people will want to bring their families into an HOA or a townhouse. His concern is that there will be a huge influx in the school district. Supervisor Ingalsbe asked what the timeframe was to build this project out. Mr. Steven s replied 3-5 years. Councilman Holtz asked if there was any idea what was going in the commercial areas. Mr. Stevens replied not at this time. Supervisor Ingalsbe stated that under General Business they could get anything that is allowed in the Code. Mr. Brand stated that the process for this application is to have the Town Board forward a request to the Planning Board to review the application and made recommendations and report on the merits whether to proceed based on the Comprehensive Plan and based on the findings of the Planning Board. The Planning Board then has a clock starts ticking to reply back to the Town Board on the merits they see and then a decision is made by the Town Board whether to continue or not. He added that if the Board choose to move forward then the matter gets referred to County Planning for their review and recommendations then the Town would hold a public hearing. He stated that there will be a Planning Board meeting where the residents can voice their input and express their concerns. Then the next phase starts after that with a Town Board public hearing. Mr. Brand stated that they had met with officials from the regional office of the New York State Department of Transportation, Ontario County Highway Department, and Ontario County Department of Planning to hear the proposal and provide their initial thoughts and comments. He added that what they see tonight reflects those comments and recommendations. Supervisor Ingalsbe asked the Highway/Parks Superintendent and the Water/Sewer Superintendent is they had any comments, both stated not at this time. Bill Davis, Town Engineer, stated that they have already started looking at sewer capacity in the area and the water and sewer infrastructure is of a concern. Ms. Pennbrook (1448 Creek Point) stated that the plan originally showed a big box store and asked if that was off table now. Supervisor Ingalsbe replied that s what the plan shows now. Ms. Pennbrook stated that she works for the school district and asked how the board thinks that apartments and townhomes help the tax base. She felt that the apartments and townhomes do not provide a lot of benefit to the town. She hopes the board would consider that when making their decision. Tim Mickelsen, 1544 Meadowbrook, asked if the board wants to be known as an apartment town. He added that in general people who own their own home and pay the taxes are more actively involved and yes there are exceptions to that. He stated that there is a balance to all of it but he is not sure that the number of rental units would help them achieving the goal of bringing people here to stay for a long term basis. Mr. Allen Wagner, 1431 Tudor Way, is concerned about the traffic, seeing three access points into the property, he asked if the access points on Route 332 going to be one way situations so people can only come out of there and head south. Mr. Cantwell stated that there are actually two points of access to both County Road 41 and Route 332, the northern most access to Route 332 will be intended to be a right in and a right out only intersection improvement and as you move further to the south, the second access point, would be a signalized intersection. He added that the two access points to County Road 41, the one that is to the west of the Hansen property is more of an access connector to the dedicated road and the road to the east of the Hansen property would also be a dedicated road. Mr. Allen stated that the road appears to be across from Tudor Way and the other across from Calm Lake. Supervisor Ingalsbe stated that neither road will come across from an existing road. Mr. Allen is concerned about the traffic with the population density, he is roughly guessing 500 vehicles coming in and out those access points on a daily basis. Supervisor Ingalsbe stated that the town always require traffic studies to be conducted. Mr. Allen stated that there are already three parcels of commercial property already on Route 332, a restaurant, a doctor s office, and a dentist office and he had not heard them mention those in the plan. Supervisor Ingalsbe stated that they will remain private owned and not part of this project. Brain Sandore, 6143 Hanover Lane, made a comment about the density and the apartment complex, he sees a lot of requests for apartment complexes but not a lot resources to serve those populations, no shops, no retail, no restaurant s, he stated that there is limited resources. He asked where the businesses that serve those people are. He sees a whole lot of residential and not a lot of commercial. Mary Fowler, 6176 Hunter Drive, asked how many acres of green space. Mr. Cantwell replied 4 acres. Ms, Fowler asked about the public hearing process and how she would know when they are taking place. Supervisor Ingalsbe stated that all public hearing notices are placed on the website, in the newspaper, and the Town Clerks Board at the Town Hall. He also stated that she can provide her address on our website to get notifications sent to her. Joe O Mara, 6183 Hunters Drive, asked if the commercial building will be off the table for now or forever. Mr. Stevens stated that it s not off the table, they would love to develop it, they just not have a user now, and the demand is what drives it. He added that they have no specific use in mind at this point. Mr. O Mara agreed with Mr. Mickelsen concerning the apartments and the effects of density, he asked if there is a federal requirement that is imposed on the local government to dedicate a portion of what is newly built to focus on those demographics of those who would live in apartments. Supervisor Ingalsbe replied that he not aware of any federal requirements. Mr. Stevens stated that the federal government does not get involved at all. He added that there are no public subsidies at all with this project. Mr. Brand clarified that there are 5 not 4 points of access to this site, there will one to the south that will eventually connect to Carmen s Way. He address the big box store questions and stated that there have been other incentive zoning projects that the board has taken action on and in those the board has limited the size of the commercial areas and the size of those buildings within the commercial areas. Mr. Brand stated that eventually we will see a reduction in the number of plazas due to online ordering. Lori Benson- Cobblestone Arts Center Ms. Benson provided that board with background information on what they do at the art center. She is appearing before the board to address the denials from the Zoning Board of Appeals for the signage proposed by LaMare which in turn would deny them the $16000 per year payment for their organization. She stated that the wished to secure variance s for the sign to be placed on Cobblestone property. She stated that one of the variances was for the sign and the size of the sign to be approved, presently all the billboard signs on Route 332 are the same size. Also LaMare will work with the town to provide free access town events and free information on the board and they will remove two of the existing billboards in the Town before the new sign being installed. She stated that the other request for approval was that it wasn t a sign that flashed or scroll, they change information every eight seconds, with the opportunity to put six different businesses on it. Another approval they were requesting was that the code, that we were in compliance with the code, that they business would be on the sign as well as other businesses. Two other variances were for the height of the sign and for the setback, which in the code states it needs to be back 660 feet from the road, so they would need a variance for that to be closer to the road. She stated that other considerations by the Zoning Board included an Environmental Impact of the sign concerning the Auburn Trail, which was a puzzling concern, in reference to the Auburn Trail, Cobblestone Art Center donated land to the town giving the town the right to address the need for the trail and to qualify for the grant. Ms. Benson stated that there are many businesses such as Burger King, and not profits like the fire department that are waiting for additional review for code changes. The changes will only enhance and create a more professional environment for the town. She hopes the town can assist her with the matter and thanked them for opportunity to speak with them.

3 Supervisor Ingalsbe stated that the sign code was last update in 2008/2009. Ms. Benson stated that she met with Code Enforcement Officer, Jim Morse, and he told her that there were a number of things that needed to be addressed as far as code changes, and that he was going to get a committee together and asked if she wanted to be on it to help with some of the changes. She stated that Jim was hopeful that some of those changes could be made this year. Supervisor Ingalsbe thanked Ms. Benson for her comments. PUBLIC CONCERNS: None. REPORTS OF STANDING COMMITTEES: Public Works Committee: Councilman Herendeen reported: Water & Sewer: 1. Resolutions on agenda. 2. Discussed Control Building #1- Roof top air conditioning replacement unit. 3. Discussed Control Building #1 Air Conditioning Replacement Unit. 4. Discussed Building #3, Pumpstation #3, Bio Tower #1, Pump #3. 5. Discussed Influent Building #10 Bar Screen #2 Replacement Project and Splitter Gate Installations. 6. Discussed Building #10 Bar Screen #1 Electrical Upgrades. 7. Discussed WWTP Disinfection UV Project and Outfall and Bank Stabilization Project. 8. Discussed Plant Generator Consolidation of Building #5A to Main Plant Emergency Generator. 9. Discussed Town Hall Low Pressure Sewer. 10. Discussed Parks Building and Town Park Sewer. 11. Discussed Sewer Capacity Study. 12. Discussed Sewer Manhole Rehabilitation Phase Discussed various pumpstations. 14. Water Breaks one at 5768 Clover Meadow Lane. 15. Discussed Mertensia Road 10 Watermain Project, Phase 3, Mertensia Park to County Road Discussed Plaster Mill/NYS Park-n-ride to Loomis Road Watermain Project. 17. Discussed restoration of old watermain breaks. 18. Discussed 2017 Fire Hydrant replacements. 19. Discussed Fox Road Meter Pit # Discussed Andrew Road Meter Pit. 21. Discussed Beaver Creek Tank and Transmission Line Project. Highway & Parks: 1. Current projects Mertensia Road Project and mowing of town roads. Trimming around signs. 2. Awarded E Waste State Assistance Program - $1, Parks Preparing parks for recreation program, moved picnic tables, nets are in place at Grove and other parks, Seal Coating Town Park Lot on Collett, and tennis court nets replaced. Town Operations Committee: Councilman Bowerman reported: 1. Discussed resolutions on agenda. 2. Discussed Town Hall Renovations. 3. Discussed Landscape plan for Town Hall. 4. Discussed Auburn Trail Project. 5. Discussed Beaver Creek Park in the Auburn Meadows Subdivision. Town Personnel Committee: None. Town Finance Committee: None. Town Public Safety Committee: None. REPORTS OF TOWN OFFICIALS: Supervisor Ingalsbe reported: 1. Update on the Town Hall Renovations. 2. Town Hall Meeting room should be ready for August meetings. Highway& Parks Superintendent Giroux reported: 1. Update on Mertensia Road project. Town Clerk Michelle Finley reported: None. Water & Sewer Superintendent Dave Degear reported: None. Code Enforcement Officer Jim Morse reported: None. Director of Planning and Development Ron Brand reported: None. Assessor Donna LaPlant reported: None. Town Engineer reported: Bill Davis reported: 1. Discussed UV Project, Grant Application for Brickyard Road Water Tank, Beaver Creek, and Valve leak on Rt. 332 issue. Fire Chief reported: None.

4 Planning Board Member Adrain Bellis reported: 1. July meeting Hickory Rise, Cerone application, and D. Martino. 2. Last Meeting Mercier, Don Johnson-Food Cart. Best. Zoning Board of Appeals Tim Delucia reported: None. Recreation Advisory Committee Brian Meck reported: None. Ontario County Planning Board Member reported: None. Conservation Board Chairman Hilton reported: None. Town Historian Donna Herendeen reported: None. Agricultural Advisory Committee Chairman Hal Adams: COMMUNICATIONS: 1. Project Overview Summary from BME Associates. Re: Ashley Companies Property Mowing Contract Renewal from Ontario County Public Works. 3. to the Town Supervisor from Barbara Skaarup of the NYS Tax Department. Re: Tentative 2017 State Equalization Rate. 4. Letter to the Town Clerk from Missy Liberatore of MRB Group. Re: Partial Certificate of Substantial Completion Influent Screen #2 Replacement. 5. Grant Application and Smart Growth Assessment Form NYS Infrastructure Improvement Act (WIIA) and NYS Intermunicipal Water Infrastructure Grants Program (IMG)/Drinking Water. 6. Notice of Claim Fairdale Apartments, LLC v. Town of Farmington. 7. Certificate of Workers Compensation Insurance from: Horizon Land Management, LLC; Landry Mechanical Contractors, Inc. REPORTS & MINUTES: 1. Planning Board Meeting Minutes June 7, ZBA Meeting Minutes May 30, ORDER OF BUSINESS: RESOLUTION # : Councilman Holtz offered the following Resolution, seconded by Councilman Herendeen: RESOLUTION AWARDING SANITARY MANHOLE REHABILITATON FOR THE INFRASTRUCTURE AND I & I IMPROVEMENTS FOR FARMINGTON AND VICTOR SANITARY SEWER DISTRICTS- MANHOLE REPAIRS- PHASE 6, USING THE ONTARIO COUNTY DEPATMENT OF PUBLIC WORKS TERM CONTRACT RESOLUTION NO , B TO SKANEX PIPE SERVICES WHEREAS, on May 22, 2012 (Board Resolution ) entered into an Agreement with MRB Group P.C., Rochester, NY for Engineering Services for the Design, Bidding, Construction and Submittals for the CWSRF C Infrastructure and I & I Sanitary Sewer Pump Station Upgrades; 10 Sanitary Sewer Pipe Installation: Manhole rehabilitation, and WHEREAS, due to the very specialized work required, two (2) bids were received and opened on May 22, 2014 for the sanitary manhole rehabilitation with the lowest base bid being May 21, 2014, The MRB Group recommended award to the low bidder being Skanex Pipe Service of Victor, New York, and WHEREAS, additional manhole rehabilitations for sanitary sewer manholes and I & I improvements under, Phase 6, have been identified by the Water and Sewer Supt. and The MRB Group within both the Farmington and Victor Sewer Districts that will require the specialized work provided by Skanex Pipe Services,, and WHEREAS, by Renewal of Material and Services Bids for the Ontario County Department of Public Works, Resolution , B-17038, Manhole Rehabilitation Services, effective for the period of May 15, 2017 through May 14, 2017, Skanex Pipe Services has been awarded the renewed Term Contract with Ontario County which we will be piggybacking off of, and WHEREAS, Skanex Pipe Services has agreed to the same pricing for the specialized work under Item 211 at $ per vertical foot for chemical cleaning of the entire manhole interior; Item 212 at $ per vertical foot for application of the epoxy coating system; and Item 215 at $1, each for removal of deteriorated portions of the manhole bench and repairs, and NOW, THEREFORE BE IT RESOLVED, that the Farmington Town Board acting on behalf of the Farmington Sanitary Sewer District hereby authorizes the additional work for the I&I, Phase 6, Sanitary Sewer Manhole Repairs, to Skanex of Victor, New York for a total expenditure not to exceed $20,000.00, and BE IT FURTHER RESOLVED that this is budgeted under the Sewer Budget lines SS V; and SS , and. BE IT FURTHER RESOLVED, that a copy of this resolution will be supplied from the Town Clerk to the Water and Sewer Superintendent. RESOLUTION # : Councilman Casale offered the following Resolution, seconded by Councilman Bowerman: RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO SIGN SETTLEMENT AGREEMENT WHEREAS, the Town Board of the Town of Farmington, after due deliberation, finds it in the best interests of the Town to settle a pending lawsuit against the Town commenced by Colleen Austin and John Austin of 1685 Lillybrook Court; and WHEREAS, a settlement agreement has been jointly prepared by Laurie Lambrix, Esq., attorney for the Austins, and Sheldon W. Boyce, Jr., Special Counsel for the Town; and WHEREAS, the settlement agreement (copy attached) strikes balance between the interests of the Austins, as set forth in their complaint, and the interests of the Town, as set forth in chapter one-hundred sixty five of the Town Code.

5 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Farmington approves the settlement agreement as being in the best interests of the Town, and authorizes the Supervisor to execute such agreement on behalf of the Town. RESOLUTION # : Councilman Bowerman offered the following Resolution, seconded by Councilman Holtz: RESOLUTION ACCEPTING INSURANCE PROPOSAL FOR TANK POLLUTION COVERAGE FROM EASTERN SHORE ASSOCIATES WHEREAS, Jackie Shaffer of Eastern Shore Associates has provided the Town with an Insurance Proposal for Tank Pollution Coverage, and WHEREAS, the tank pollution coverage would include the waste oil tank located at the Highway Department and the gas and diesel fuel tanks at the Parks Garage at a total premium of $ per year, therefore be it RESOLVED, that the Town Board of the Town of Farmington hereby accepts the Insurance Proposal for Tank Pollution Coverage and authorizes the Town Supervisor to sign said Proposal, and be it further RESOLVED, that the Town Clerk provide copies of this resolution to the Highway Superintendent and the Bookkeeper. All Voting Aye (Holtz, Bowerman, Casale, and Herendeen, Ingalsbe), the Resolution was CARRIED. RESOLUTION # : Councilman Casale offered the following Resolution, seconded by Councilman Herendeen: RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE 2013 VLT CAPITAL RESERVE ACCOUNT ONCE THE PUBLIC REFERENDUM PERIOD IS COMPLETE WHEREAS, funding is needed in several of the Capital Projects in the Town of Farmington, WHEREAS, pending the completion of the public referendum period, the current CD for the 2013 VLT (A232V13) will be dissolved to fund the Capital Projects outlined below: Project Amount Lilibrook/Monarch Manor Bridges:Eng/Construction (HL) $250,000 Town Hall Project: Fire proof cabinets (HT) $ 55,000 Fuel Station Capital Project: Eng/Cons (HM-new) $250,000 Town Park Improvements: Eng/Cons(HP-new) $250,000 Town Line Road Capital Project: Engineering/Cons(HZ) $131,333(plus interest earned on CD to close it out) Now, therefore, be it RESOLVED, that the Principal Account Clerk, of the Town of Farmington, is hereby authorized and directed to transfer the funding from the reserve fund (A232V13) to the capital projects once the permissive referendum period is complete and make all the required budget amendments. Be it finally RESOLVED, that the Town Clerk, of the Town of Farmington, is to forward copies of this resolution as well as the public notice to the Principal Account Clerk. RESOLUTION # : Councilman Holtz offered the following Resolution, seconded by Councilman Bowerman: RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO TAKE APPROPRIATE ACTION TO SIGN LAWN MOWING CONTRACT AND TO APPLY LAWN MOWING CHARGES TO THE PROPERTYS WITHIN THE TOWN TO THE TAX ROLL WHEREAS, the Code Enforcement Officer has taken the necessary action to bring property within the Town to compliance per Town Code Chapter 112, and WHEREAS, the properties have not complied with Town Code Chapter 112, and WHEREAS, the Code Enforcement Officer has requested bids for the maintenance of these properties, and WHEREAS, Countrycare Landscape Management submitted Quotes for the Lawn Care compliance actions and has been determined to be the lowest responsible quotes received, NOW THEREFORE BE IT RESOLVED, the Farmington Town Board authorizes the Town Supervisor to take appropriate action to apply mowing charges along with a 50% service charge to the following properties: 1) 15 Coachlight Cirlcle $ tax 2) 5694 Running Brook $ tax 3) 1620 Flaxen Drive $ tax 4) 5765 Wishing Well $ tax 5) 1770 Birchwood Dr. $ tax 6) 5648 Collett Rd. $ tax 7) 59 Coachlight Cirlcle $ tax 8) 5791 Oatfield Dr. $ tax AND, further be it RESOLVED, that a copy of this resolution be forwarded to the Building Department, the Confidential Secretary and the Town Clerk.

6 RESOLUTION # : Councilman Herendeen offered the following Resolution, seconded by Councilman Casale: RESOLUTION AUTHORIZING THE LAST DAY OF PAYMENT FOR ALL 2017 THIRD QUARTER WATER SERVICES LOCATED WITHIN THE CANANDAIGUA-FARMINGTON WATER AND DISTRICT (CFWD) AND VICTOR SEWER DISTRICT ACCOUNTS WHEREAS, The Farmington Code, Chapter 159 entitled Water Rules and Regulations, Section , Shutting Off Water Services states that in event a water bill remains unpaid for more than 60 days, the Town Board may, by Resolution, cause the supply of public water to be shut off given at least 10 days written notice to the owner and occupant of the premises, and WHEREAS, A written notice will be given by first-class mail that will be addressed to both the owner and occupant at least 10 days prior to the proposed shut off date, and WHEREAS, Such notice shall advise the owner and occupants that the water supply to such property shall be shut off on the specified dated for nonpayment of the water bill unless the unpaid water bill and penalty are paid in full to the Town Clerk prior to the specified dated, and WHEREAS, the water supply to such property shall not be restored after the shutoff date until the unpaid water bill and penalties, including shutoff fees, are paid in full, and BE IT FURTHER RESOLVED that the Town Board of Farmington acting on behalf of the Canandaigua-Farmington Water District, hereby authorizes the Water Superintendent to establish the last day of payment for all 2017 Third Quarter billing with late fees and penalties applied,, is October 31, 2017 at 12:00 PM midnight at the Farmington Town Clerk mail drop-box located at #1000 County Road #8 and, that United States mail postmarks being 11:59 PM on October 31, 2017, will be accepted, and THEREFOREALSO BE IT RESOLVED that any payment received after November 1, 2017 for unpaid water and sewer accounts will be Passed to Tax on November 6, 2017, and LASTLY BE IT FURTHER RESOLVED, that copy of this resolution is to be submitted by the Town Clerk to the Supervisor s Secretary and the Water and Sewer Superintendent. All Voting Aye (Holtz, Bowerman, Casale. Herendeen, and Ingalsbe), the Resolution was CARRIED. RESOLUTION # : Councilman Bowerman offered the following Resolution, seconded by Councilman Holtz: APPROVAL TO PURCHASE REPLEACEMENT OF BIOXIDE FEED SYSTEM AND POLYETHYLENE SINGLE WALL CHEMICAL TANK FOR PS-21 LOCATED AT VICTOR CROSSING, NEW YORK STATE ROUTE 96 IN THE VICTOR SEWER DISTRICT WHEREAS, by Resolution of September 23, 2003 the Sewer District identified the need to addressed odor complaints by entering into an agreement with US Filter for a Bioxide Chemical Feed System for PS-28 located at #7461 NYS Route 96, and WHEREAS, Evoqua Water Technologies (formerly US Filter) is a single source supplier for the feed system and chemicals required for odor control and has provided the Town of Farmington with both since 2003, WHEREAS, in accordance with the New York State Department of Environmental Conservation (NYDEC) Rule 6 NYCRR Part 597 for Bulk Storage of Chemicals, the life expectancy of polyethylene single wall chemical bulk storage tanks are ten (10) years, and the 2,000 gallon polyethylene bioxide tank currently in service in the Victor Sewer District at PS-21 for odor control, now requires replacement, and WHEREAS, the W&S Supt. had contacted US Filter (now named Evoqua Water Technologies) during the 2016 Budget process and requested a written quote number to replace the tank and chemical system which was dated January 13, 2017 (see attached letter) in the total amount including service and bioxide chemical at a cost of $28,033.00, and NOW, THEREFORE BE IT RESOLVED, that the Town Board of Farmington acting on behalf of the Sewer District, hereby authorizes the Water and Sewer Superintendent to purchase the replacement Bioxide Chemical Feed System from Evoqua Water Technologies (former US Filter) for a total cost not to exceed $28,033.00, and BE IT FURTHER RESOLVED, that this expenditure is from the Sanitary Sewer Collection budget lines SS V (Victor Small Equipment), and SS (Odor Control) which will be a 50%-50% cost share of $14, each for Farmington and for Victor with reimbursement being made to the Town of Farmington by the Victor Consolidated Sewer District in the amount of $14,016.50, and BE IT FURTHER RESOLVED, that a copy of this resolution will be supplied from the Town Clerk to the Water and Sewer Superintendent. RESOLUTION # : Councilman Casale offered the following Resolution, seconded by Councilman Holtz: RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO SIGN PROPOSAL FOR SITE DESIGN SERVICES WITH MRB GROUP FOR BEAVER CREEK PARK WHEREAS, Bill Davis of MRB Group provided the Town with a Proposal for Site Design Services for Beaver Creek Park, and WHEREAS, the total amount of the Proposal is $62,500.00, therefore be it RESOLVED, that the Town Board of the Town of Farmington hereby authorizes the Town Supervisor to sign the Proposal for Site Design Services for Beaver Creek Park with MRB Group at a cost not to exceed $62,500.00, and be it further RESOLVED, that the Town Clerk provide copies of this resolution to the Highway Superintendent, the Director of Development and Bill Davis of MRB Group.

7 RESOLUTION # : Councilman Bowerman offered the following Resolution, seconded by Councilman Herendeen: RESOLUTION AUTHORIZING THE PURCHASE OF STACKABLE CHAIRS FOR THE BOARD ROOM AT THE TOWN HALL WHEREAS, the cost for board room chairs was included in the budget for the Town Hall Renovation Capital Project, and WHEREAS, the Town was able to secure NYS Contract pricing on chairs through Workplace Interiors via Jasper Seating Company, Inc. (NYS Contract #PC66284), therefore be it RESOLVED, that the Town Board of the Town of Farmington approves the purchase of chairs for the board room from Workplace Interiors via Jasper Seating Company, Inc. (NYS Contract #PC66284) at a total cost not to exceed $6,457.50, and be it further RESOLVED, that the Town Clerk provide copies of this resolution to the Confidential Secretary and the Bookkeeper. A motion was made my Councilman Casale and seconded by Councilman Holtz to layover the following resolution: RESOLUTION REQUESTING A REPORT AND RECOMMENDATION FROM TOWN PLANNING BOARD REGARDING A PETITION FROM S. B. ASHLEY MANAGEMENT CORPORATION, REQUESTING REZONING OF APPROXIMATELY 134 ACRES OF LAND FROM GB GENERAL BUSINESS AND R-1-15 RESIDENTIAL TO IZ INCENTIVE ZONING FOR PROPERTY LOCATED SOUTH OF COUNTY ROAD 41 AND WEST OF STATE ROUTE 332 WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received from the Farmington Town Clerk a petition to rezone land located south of County Road 41, west of State Route 332; and WHEREAS, said petition is submitted by Robert Cantwell, RLA, Director of Business Development, BME Associates on behalf of Steve Ashley and Mark Stevens of the Ashley Management Corporation; and WHEREAS, the Town Board, at tonight s public meeting, did receive a presentation on the proposed rezoning of 134 acres of land to create a mixed-use community and commercial development; and WHEREAS, the Town Code, Chapter 165, Section 6. C., requires a referral to the Town Planning Board (hereinafter referred to as Planning Board) for an advisory report with reasons for recommending or opposing such an amendment before taking further action upon this petition to rezone land. NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby refer this application to the Planning Board and does hereby request its review of said petition and directs the Planning Board to prepare a report with reasons for their recommendation in accordance with the provisions set forth in the Town Code. BE IT FURTHER RESOLVED, that representatives of the Ashley Management Corporation and their engineering firm is hereby requested to submit fourteen (14) sets of the rezoning packet and Concept Site Plan for said Project to the Town Director of Planning & Development, on or before noon on Wednesday, June 28, 2017 for distribution to the Town Planning Board for their July 5, 2017 meeting. BE IT FURTHER RESOLVED, that representatives from the Ashley Management Corporation and their engineering firm are hereby requested to appear before the Planning Board at their July 5, 2017 meeting to make a public presentation to said Board on the proposed zoning amendment. BE IT FURTHER RESOLVED, that certified copies of this resolution are to be provided to: Mark Stevens, Ashley Management Corporation, 16 West Main Street, Suite 700, Rochester, New York 14614; Robert Cantwell, RLA, Director of Business Development, BME Associates, 10 Lift Bridge Lane East, Fairport, New York 14450; Scott Makin, Chairperson, Town Planning Board; and Ron Brand, Director of Planning & Development. BE IT FINALLY RESOLVED, that the Town Board hereby requests the Planning Board to submit its report and recommendation, as set forth in Chapter 165 of the Town Code. DISCUSSION: Councilman Bowerman stated that in its current proposal he is not in favor of it due to too much residential. He believes the solution is to eliminate the apartment component of the application which would open up for more commercial spots. Supervisor Ingalsbe asked the Director of Development and Planning that if the Board passed this to the Planning Board do they have to look at it as proposed. Mr. Brand stated that the Planning Board would look at what is proposed and look at what the Comprehensive Plan calls for and inputs from staff. Once the Planning Board makes its recommendations and it comes back to the Town Board, that is when the board decides if it is too dense or not. He added that the town code as it is written right now requires the referral to the Planning Board for a report and recommendation. Councilman Holtz stated that they don t have to move it to the Planning Board. Mr. Brand agreed. Councilman Holtz stated that at some point it has to go to the Planning Board right now or not. He stated that he is not ready to move it forward tonight, it is a lot of information to look at first. He is for holding it over for two weeks or just voting no on this. Councilman Casale asked what would the advantage of holding over for two weeks. Councilman Holtz stated that they received a lot of information tonight and a lot to digest, and he would like to look at the acreage breakouts and stuff. Mr. Brand stated that the Town Board could decide to not even consider a rezoning application but before that decision is made the Board must have a report and recommendation from the Planning Board on the current application as presented. He added that once the Board receives the report and recommendations back from the Planning Board then the Board can make all the decisions. Supervisor Ingalsbe asked if the Board would like to lay it over two weeks to absorb the information. The Board was in agreement to laying it over for two weeks. RESOLUTION # : Councilman Bowerman offered the following Resolution, seconded by Councilman Casale: LETTER OF CREDIT REDFIELD GROVE INCENTIVE ZONING PROJECT, SECTION 1 IN THE TOTAL AMOUNT OF $870, WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received a request from the Town Planning Board, recommending the Town Board take action to approve the establishment of a letter of credit for site improvements to be located within Section 1 of the above referenced Project; and WHEREAS, the Planning Board s recommendation is based upon their review and acceptance of the recommendations from the Town Construction Inspector and the Town s Engineers on the establishing said Letter of Credit; and WHEREAS, the quantities and unit prices identified in the Applicant s Engineer s Estimates of Values were found to be consistent with the approved site plan improvements, the private contractor pricing respectively. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the Planning Board s recommendation and approves the establishment of the above referenced letter of credit for this project, in the total amount of $870,

8 BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to notify tomorrow, by U.S. Mailing of certified copies of this resolution to Carl Hewings, Parrone Engineers, 349 W. Commercial Street, Suite 3200, East Rochester, New York 14445; and Frank DiFelice, DiFelice Development Corporation, 91 Victor Heights Parkway, Victor, New York 14564Gregg Bowering, Bowering Homes, Inc., 1303 Marsh Road, Suite #2, Pittsford, New York BE IT FINALLY RESOLVED, that certified copies of this resolution are to be provided to the Town Highway Superintendent, Town Water & Sewer Superintendent, Town Code Enforcement Officer, the Town Director of Planning and Development, the Town Construction Inspector and the Town Engineer. RESOLUTION # : Councilman Holtz offered the following Resolution, seconded by Councilman Herendeen: LETTER OF CREDIT HICKORY RISE INCENTIVE ZONING PROJECT, SECTION 3 - IN THE TOTAL AMOUNT OF $618, WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received a request from the Town Planning Board, recommending the Town Board take action to approve the establishment of a letter of credit for site improvements to be located within Section 3 of the above referenced Project; and WHEREAS, the Planning Board s recommendation is based upon their review and acceptance of the recommendations from the Town Construction Inspector and the Town s Engineers on the establishing said Letter of Credit; and WHEREAS, the quantities and unit prices identified in the Applicant s Engineer s Estimates of Values were found to be consistent with the approved site plan improvements, the private contractor pricing respectively. NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby accepts the Planning Board s recommendation and approves the establishment of the above referenced letter of credit for this project, in the total amount of $618, BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to notify tomorrow, by U.S. Mailing of certified copies of this resolution to Tom Danks, BME Associates, 10 Lift Bridge Lane East, Fariport, New York 14450; and Gregg Bowering, Bowering Homes, Inc., 1303 Marsh Road, Suite #2, Pittsford, New York BE IT FINALLY RESOLVED, that certified copies of this resolution are to be provided to the Town Highway Superintendent, Town Water & Sewer Superintendent, Town Code Enforcement Officer, the Town Director of Planning and Development, the Town Construction Inspector and the Town Engineer. RESOLUTION # : Councilman Casale offered the following Resolution, seconded by Councilman Bowerman: RESOLUTION ACCEPTING A DRAFT LOCAL LAW TO BE ENTITLED LOCAL LAW TO AMEND THE OFFICIAL TOWN OF FARMINGTON MAJOR THOROUGHFARE OVERLAY DISTRICT (MTOD) MAP, CHAPTER 165, ARTICLE IV, SECTION 34 OF THE FARMINGTON TOWN CODE; AND SCHEDULING A PUBLIC HEARING UPON SAID DRAFT LOCAL LAW FOR TUESDAY EVENING, JULY 25, 2017 WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received from the Town of Farmington Director of Development a draft local law to amend the above referenced MTOD Official Map; and WHEREAS, the proposed amendment would affect the Official MTOD Map previously adopted on January 24, 2012 by the Town Board Resolution No. 63 of 2012; and WHEREAS, the Town Planning Board has reviewed the proposed amendments to the Official MTOD Map and recommends the Town Board give consideration to making the proposed changes thereto; and WHEREAS, the proposed amendments are in keeping with approved development plans proposed along the major highway corridors, State Routes 96 and 332, and County Road 41, that are located within the delineated MTOD boundaries shown upon the Town s Official Zoning Map; and WHEREAS, the Town Board has received a report from David Goehring, Regional Permit Administrator, New York State Department of Transportation, Region 4 Office, recommending the proposed amendments to the Official MTOD Map. NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby accept the draft local law to amend the Town s Official MTOD Map. BE IT FURTHER RESOLVED, that the Town Board does hereby instruct the Director of Planning and Development to submit the proposed local law and proposed amendments to the Official MTOD Map to the Ontario County Planning Board, for its review under the provisions of Sections 239-l and m of the New York State General Municipal Law, at its July 11, 2017 Meeting. BE IT FURTHER RESOLVED, that the Town Board does hereby schedule a public hearing to be held upon this proposed local law for Tuesday evening, July 25, 2017, commencing at 7:00 p.m., Eastern Day Light Savings Time. BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish legal notice in the Town s Official Newspaper, the Daily Messenger; to post notice hereof on the Town s Official Website; and to post notice hereof on the Official Bulletin Board at the Town Hall, 1000 County Road 8, Farmington, New York RESOLUTION # : Councilman Holtz offered the following Resolution, seconded by Councilman Casale: RESOLUTION ACCEPTING A DRAFT LOCAL LAW TO BE ENTITLED LOCAL LAW EXTENDING A MORATORIUM ON SOLAR COLLECTION SYSTEMS AND SOLAR FARMS; AND SCHEDULING A PUBLIC HEARING UPON SAID DRAFT LOCAL LAW FOR TUESDAY EVENING, JULY 25, 2017 WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received from the Town of Farmington Director of Development a draft local law to extend the current moratorium in effect upon solar collection systems and solar farms; and

9 WHEREAS, the proposed local law would either extend the moratorium period for an additional five month period of time, upon the adoption of a local law by the Town Board to regulate said solar collection systems and solar farms; or November 30, 2017, whichever comes first; and WHEREAS, the Town Board has reviewed the recommendations received from the Town Solar Energy Advisory Committee and the Town Planning Board both requesting additional time to complete the preparation of a local law to regulate solar energy. NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby accept the draft local law to amend the Town s Official MTOD Map. BE IT FURTHER RESOLVED, that the Town Board does hereby instruct the Director of Planning and Development to submit the proposed local law and BE IT FURTHER RESOLVED, that the Town Board does hereby schedule a public hearing to be held upon this proposed local law for Tuesday evening, July 25, 2017, commencing at 7:01 p.m., Eastern Day Light Savings Time. BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish legal notice in the Town s Official Newspaper, the Daily Messenger; to post notice hereof on the Town s Official Website; and to post notice hereof on the Official Bulletin Board at the Town Hall, 1000 County Road 8, Farmington, New York RESOLUTION # : Councilman Bowerman offered the following Resolution, seconded by Councilman Herendeen: RESOLUTION ACKNOWLEDGING RECEIPT OF A REPORT AND RECOMMENDATION FROM TOWN PLANNING BOARD REGARDING A PETITION FROM CONIFER REALTY, LLC, AS AGENT FOR DIFELICE LANDS, LLC, REQUESTING REZONING OF A PORTION OF THE GLACIER LAKES PD PLANNED DEVELOPMENT SITE TO RMF RESIDENTIAL MULTI-FAMILY, ON PROPERTY THAT IS LOCATED SOUTH OF COUNTY ROAD 41 AND WEST OF RUNNING BROOK ROAD; AND LAYING OVER TO THE JULY 11 TH TOWN BOARD MEETING MAKING A DECISION UPON SAID PETITION WHEREAS, the Farmington Town Board (hereinafter referred to as Town Board) has received from the Farmington Town Planning Board a report and recommendation upon the above referenced petition to rezone land from PD Planned Development to RMF Residential Multi- Family which is located south of County Road 41, west of Running Brook Road and north of the Farmbrook Planned Development Neighborhood; and WHEREAS, said report and recommendation identifies concerns with the effect of rezoning a portion of an existing PD Planned Development site to something else and the effect upon the remaining and previously approved PD Planned Development site for the Glacier Lakes Water Park, located upon lands owned by Mark DiFelice, Manager, DiFelice Lands, LLC; and WHEREAS, the Town Board desires to have this matter further discussed amongst the applicant, their attorney, the Town s Attorney and the Director of Planning and Development, before proceeding with making a decision upon said report and recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Town Board does hereby lay over making a decision upon this requested petition until July 11, 2017, or until such time as a report is received from the Town Director of Planning and Development upon the resolution of the two above cited concerns. BE IT FINALLY RESOLVED, that certified copies of this resolution are to be provided to: Allen Handelman, Conifer Realty, LLC, 1000 University Avenue South, Suite 500, Rochester, New York 14607; Jerry A. Goldman, Esquire, Woods, Oviatt, Gilman, LLP, 200 Crossroads Building, 2 State Street, Rochester, New York 14614; Matt Tomlinson, Marathon Engineering, 39 Cascade Drive, Rochester, New York 14614; Mark DiFelice, Manager, DiFelice Lands, LLC; Scott Makin, Chairperson, Town Planning Board; and Ron Brand, Director of Planning & Development. RESOLUTION # : Councilman Casale offered the following Resolution, seconded by Councilman Holtz: ABSTRACT NUMBER 12 DATE OF BOARD MEETING 6/27/2017 FUND FUND NAME TOTAL FOR VOUCHER CODE EACH FUND NUMBERS A GENERAL FUND 84, CV VETERANS MEMORIAL 10, , 1330 DA HIGHWAY FUND 27, ,1213,1224, 1126, ,1240,1241, 1254,1256, HA AUBURN TRAIL PROJ 47, HT TOWN FACILITY CAP PROJ 26, ,1221,1244, 1246,1249,1250 SD STORM DRAINAGE 2, SL1 LIGHTING DISTRICT 6, SS SEWER DISTRICT 110, ,1233,1254, SW1 WATER DISTRICT 24, ,1233,1254, 1274,1277,1278, 1286,1287,1289, 1290,1295,1300, 1306,1309,1312, 1316,1317, TA200 PAYROLL DEDUCTIONS(TA85UNI,TA20,TA20D,TA86) 7, ,1227,1254, 1268,1286,1287 TOTAL ABSTRACT $ 348,744.49