PERINTON TOWN BOARD MEETING 1350 Turk Hill Road, Fairport, NY Wednesday, April 8, Steven C. Van Vreede Councilperson

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1 Page 53 PERINTON TOWN BOARD MEETING 1350 Turk Hill Road, Fairport, NY Wednesday, April 8, 2015 PRESENT: Michael G. Barker Supervisor Joseph H. LaFay Councilperson Peg S. Havens Councilperson Steven C. Van Vreede Councilperson Ciaran T. Hanna Councilperson ALSO PRESENT: Robert Place, Esq., Town Attorney; Thomas C. Beck, Commissioner of Public Works; Jennifer A. West, Town Clerk; Michael Doser, Director of Code Enforcement and Development; Jeffrey Myers, Commissioner of Recreation and Parks; Kevin Spacher, Finance Director; Sue Frykholm, Deputy Town Clerk; Chris Fredette, Conservation Board; T.C. Lewis, Planning Board. Supervisor Barker called the meeting to order at 7:30 pm and introduced the Board and staff present. Councilperson Havens made a motion, seconded by Councilperson LaFay, that the minutes of the Town Board meeting of February 25, 2015 be approved as submitted by the Town Clerk. PUBLIC HEARING EXTENSION #61 TO PERINTON CONSOLIDATED SEWER #8 JANDERS RUN DPW Commissioner Beck explained that Extension #61 would be part of the Janders Run subdivision off Pebble Hill Road and adjacent to the RS&E trail. The subdivision is proposed to be a 17-lot development. The project was approved by the Town Planning Board in Commissioner Beck stated that the sewer district has the capacity to handle the additional 17 units that will be created by this extension and the tie in fee will be $1,000. There will be no cost incurred by the Town in creating this extension, as all costs will be borne by the developer, Tomax Homes, Inc. Councilperson Havens asked if the development would be individual homes or a certain type of community such as 55+ residents. Commissioner Beck stated that they will be patio homes and he believes that they will all have first floor master bedrooms and be mostly ranch style, detached single family homes and would be for sale. TOWN OF PERINTON MONROE COUNTY New York In the Matter of the Establishment of EXTENSION No. 61 to PERINTON CONSOLIDATED SEWER DISTRICT No. 8 (Janders Run) HEARING MINUTES & DETERMINATION At a hearing before the Town Board of the Town of Perinton, held at the Town Hall, 1350 Turk Hill Road, Fairport, New York, on April 8, 2014 at 8 p.m., local time, there were PRESENT: Supervisor Michael G. Barker; Councilpersons Joseph LaFay, Peg S. Havens, Stephen VanVreede and Ciaran Hanna.

2 Page 54 ABSENT: ALSO PRESENT: None Jennifer West, Town Clerk Thomas C. Beck, Commissioner of Public Works Robert M. Place, Town Attorney The Supervisor called the hearing to order and stated that the purposes thereof was to consider the establishment of Extension No. 61 to Perinton Consolidated Sewer District No. 8 to include Janders Run. The Supervisor called for the presentation of documentary evidence necessary for the Town Board to make the investigations and determinations required by statute. The following documents were submitted in evidence. 1. The original Petition, pursuant to Article 12 of the Town Law for the creation of Extension No. 61 to Perinton Consolidated Sewer District No. 8, dated March 5, 2015 to include the area described in said Petition as hereinafter set forth signed by the owners of taxable property situate in the proposed Extension. 2. A Petition map dated November 6, 2014 prepared by Parrone Engineering, competent engineers, duly licensed by the State of New York, showing the area of the proposed extension to Perinton Consolidated Sewer District No Assessor s Certificate of Nicholas Morabito, Assessor, Town of Perinton, dated March 25, 2015 certifying the total assessed valuation represented by the Petition and by the signatures to the Petition as stated herein. 4. The Order for this hearing made by the Town Board on March 11, The Affidavit of Publication of the Perinton-Fairport Post showing publication of a certified copy of the Order for Hearing on March 26, The Affidavit of Jennifer West, showing that a copy of the Order for Hearing was posted on the Sign Board maintained by the Town Clerk on March 26, Janders Run was granted a negative declaration under SEQR as part of the preliminary subdivision approval by the Planning Board on October 15, 2014, which is made a part of these Hearing Minutes and Determination recommending that the Town Board register and file a negative environmental declaration for this project. The Supervisor directed that the foregoing documentary evidence, if not already filed, be filed with the Town Clerk and considered a part of the record of this hearing. The Supervisor explained the procedure necessary for information of the extension. The Supervisor asked if there were any questions in regard to the formation of the Extension. There were none. The Supervisor declared the hearing closed and directed the Town Board to consider the statements made at the hearing and after thorough discussion and due deliberation, the following Resolution was offered by Councilperson Hanna and was seconded by Councilperson Van Vreede: WHEREAS, the Board has examined the statements made in the Petition, the signatures and acknowledgments and maps attached thereto, the Certificate of the Assessor as to the assessed valuation involved in the proposed Extension, the proofs of posting and publication, and has considered all other documents and statements presented to it and has examined into whether all of the property to be benefited by the proposed Extension was included therein and whether any property has been included therein which would not be benefited, and WHEREAS, the Petition is signed by the owners of taxable real property situate in the proposed Extension owning in the aggregate more than fifty (50%) of the assessed valuation of all taxable real property located within the area of the proposed Extension as the same is shown on the latest completed Assessment Roll for said Town, and

3 Page 55 WHEREAS, there are no resident owners of taxable real property situated in the proposed Extension. NOW THEREFORE, IT IS DETERMINED AS FOLLOWS: 1. The Petition for the creation of Extension No. 61 to Perinton Consolidated Sewer District No. 8 to include the real property described herein, dated March 5, 2015, is signed by, acknowledged or approved as required by law and is otherwise sufficient. 2. All the property and property owners within the proposed Extension are benefited thereby. 3. All the property and property owners benefited are included within the limits of the proposed Extension. 4. It is in the public interest to grant all of the relief sought in the Petition without amendment or modification. 5. All expenses of the district, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the district as extended. 6. The Petition is signed by the owners of the taxable real property situated in the proposed extension owning in the aggregate more than fifty (50%) of the assessed valuation of all taxable real property located within the area of the proposed extension as the same is shown on the latest completed Assessment Roll for said Town. 7. That there are no resident owners of taxable real property located within the area of the proposed Extension. 8. The proposed action will not have a significant effect on the environment and will not require environmental review under Part 617 of the NYSEQR regulation, Article The area determined to be created as Extension No. 61 to Perinton Consolidated Sewer District No. 8 is described as follows: All that tract or parcel of land situate the Town of Perinton, County of Monroe, State of New York as shown on a map entitled "Janders Run Subdivision" prepared by Parrone Engineering, dated November 6, 2014, and being more particularly bounded and described as follows: Beginning a point in the southwest corner of Lot 63 of Turk Hill Estates, Section 7, filed in the Monroe County Clerk's Office, Liber 196 of Maps, Page 86; said point being the northwest corner of Lot I of the Janders Run Subdivision, Thence, 1 - Thence, 2 - Thence, 3 - N 89º E, a distance of feet to a point, S 00º E, a distance of feet to a point, S 88º E, a distance of feet to a point, Thence, 4 - Southeasterly along a curve which has a radius of feet, a distance of feet to a point, Thence, 5 - Thence, 6 - Thence, 7 - Thence, 8 - S 88º E, a distance of feet to a point, S 44º E, a distance of feet to a point, S 00º E, a distance of feet to a point, S 89º W, a distance of 1, feet to a point,

4 Page 56 Thence, 9 - Northerly along a curve which has a radius of 5, feet, a distance of feet to a point, Thence, 10 - S 88º E, a distance of feet to a point, Thence, 11 - N 01º E, a distance of feet to a point, Thence, 12 - N 38º W, a distance of feet to a point, Thence, 13 - N 88º W, a distance of feet to a point, Thence, 14 - Northerly along a curve which has a radius of 5, feet, a distance of feet to a point of tangency, Thence, 15 - N 02º E, a distance of feet to a point, Thence, 16 - N 89º E, a distance of feet to a point and place of beginning. The foregoing described land is shown on a map entitled Janders Run Subdivision dated November 6, 2014, made by Parrone Engineering, competent engineers, duly licensed by the State of New York, showing the boundaries of the proposed Extension No. 61 with existing sanitary sewers belonging to Perinton Consolidated Sewer District No. 8 and indicating the transmission of said sewage through existing mains to the Irondequoit Interceptor sewer for transmission to the Van Lare Sewage Treatment Plant which is operated by the Monroe County Pure Waters Agency. There is an existing contract between the Town of Perinton and the Monroe County Pure Waters Agency for transmission and treatment of sewage. 10. That a final Order creating Extension No. 61 to Perinton Consolidated Sewer District No. 8 will not be adopted until all legal and engineering costs and necessary disbursements for creation of said Extension have been paid to the Town of Perinton. On roll call by the Town Clerk the following votes were recorded: AYES: Barker, LaFay, Havens, Van Vreede, Hanna NAYS: None Whereupon the Supervisor declared the foregoing determination and resolution of approval of the creation of Extension No. 61 to Perinton Consolidated Sewer District No. 8 adopted. PUBLIC HEARING SPECIAL USE PERMIT RENEWAL PERINTON JOINT TRAINING FACILITY, INC. 425 PERINTON PARKWAY Supervisor Barker called the following Public Hearing to order and asked the Clerk for proof of publication and affidavit of posting. Proof of publication was given in the Fairport ER Post on March 26, 2015; affidavit of posting was also March 26, Jack DeLisio, Board member and Operations Manager for the Perinton Joint Fire Training Facility, Inc. explained that they were seeking a renewal of their Special Use Permit originally issued on September 12, He also stated that there have been no issues that they are aware of operating this facility. Town Attorney Place asked if the conditions imposed with the original Special Use Permit were working ok and Mr. DeLisio stated that they are.

5 Page 57 There being no further questions, and all those wishing to be heard having been heard, the Public Hearing were closed. Councilperson LaFay put forth the following motion, seconded by Councilperson Havens: WHEREAS, the requested Special Use Permit is a renewal that allows the continued operation of the Perinton Joint Fire Training Facility at 425 Perinton Parkway; and is beneficial to the Perinton community, ensuring its firefighters are comprehensively trained and ready to respond to emergencies: and is in general harmony with the Town s recent Comprehensive Plan and Zoning Ordinances: and is generally consistent with the overall standards set forth in Chapter 208 of the Town Code, I move that this request for renewal of the Special Use Permit be granted under the following conditions: Training activities shall be limited to 7 AM to 10 PM Monday to Friday, 8 AM to 4 PM, Saturdays and 9 AM to 2 PM Sundays. Set-up and clean-up for and from training may take place one half hour before and after these times. Activities at this site shall be limited to four days per week, Monday through Sunday. Use of the facility by non-sponsoring organizations (those other than Egypt, Bushnell s Basin and Fairport Fire Departments) is limited to four times per month. The Special Use Permit expires in 5 years (April 8, 2020). PUBLIC HEARING: SPECIAL USE PERMIT MALCHO S CAR WASH 690 PITTSFORD- VICTOR ROAD Supervisor Barker called the following Public Hearing to order and asked the Clerk for proof of publication and affidavit of posting. Proof of publication was given in the Fairport ER Post on March 26, 2015; affidavit of posting was also March 26, Adam Freeman, P.E. of Land Tech Surveying and Planning, P.L.L. C. spoke on behalf of the applicant, Kenneth Malcho. Mr. Malcho owns the gas station, convenience store and car wash located at 690 Pittsford Victor Road in the Town of Perinton. Mr. Freeman handed out partial elevations and revised site plans for the proposed demolition and modification to the car wash facility on the site. The revised site plan extends the car wash 20 feet to the north to allow for a covered spray-down area. The modified Special Use Permit renewal application was submitted on March 12, Mr. Freeman stated that the existing car wash would be demolished and that the new building will be approximately twice the size of the current building, with part of that extension located behind the existing convenience store and not visible from Kreag Road. Town Attorney Place asked whether Mr. Freeman had any information to address the previous concern of the sound at the back of the property (toward Bushnell s Basin Fire Department building). Mr. Freeman stated that Mr. Malcho has requested information from the car wash manufacturer but to his knowledge does not have it yet. Attorney Place added that the entrance door was supposed to be shut with the current car wash, but thought with the new design (and speed) of the proposed new car wash, the door could be open all the time. Mr. Place asked that the applicant follow up on the noise level of the old versus new car wash. Councilperson Van Vreede asked what the distance would be from the car wash to the nearest residence. Mr. Freeman stated that he estimated that the condominiums on the far side of the fire station would be a couple hundred feet away. Councilperson LaFay asked whether the door opens and closes for each car with the current car wash and Mr. Freeman stated that it does. Councilperson Van Vreede asked if the 20-foot addition to the car wash brought it closer to Route 96 and Mr. Freeman stated that all the additional

6 Page 58 length is in the rear (toward the fire station). Councilperson Van Vreede also confirmed that the proposal is for a one lane drive around the convenience store to approach the car wash entrance and that if a customer wanted to get out of line, they could after they reach the far (western) corner of the convenience store. Councilperson Havens asked if the proposed Dunkin Donuts drive through was going away and Mr. Freeman stated that it was. Chris Fredette, Conservation Board asked about the Environmental Assessment Form (EAF) submitted and reminded the applicant that they would need a permit or approval from the Town Zoning and Planning Boards and Historic Architecture Commission. She also asked about the remediation shed that the Conservation Board questioned in Mr. Freeman stated that it is a permitted clean up item through the DEC and precedes the current owner. Supervisor Barker stated that this application will be referred to the Conservation Board and the questions can be addressed at that time. There being no further questions, and all those wishing to be heard having been heard, the Public Hearing were closed. Councilperson Van Vreede made a motion, seconded by Councilperson LaFay to refer the proposed demolition of the existing car wash and construction of a new car wash at 690 Pittsford-Victor Road to the Town Planning and Conservation Boards and Historic Architecture Commission. AUTHORIZE DECLARATION OF SURPLUS HIGHWAY, SEWER AND ASSESSMENT DEPARTMENT EQUIPMENT AND AUTHORIZE ITS SALE DPW Commissioner Beck presented the Town Board with a list of equipment from the Highway Department, Sewer Department, and Assessment Office and requested that the Town Board declare it as surplus, to facilitate its liquidation. He added that this equipment will be sent to the Palmyra, New York Municipal Auction held in May Currently in its 30 th year, this auction is a highly respected outlet for used municipal equipment. The auction is well attended, attracting bidders from across the country. Bidding at this auction is accepted from on site auction attendees, as well as from those participating through the internet. Commissioner Beck stated that the Town has received excellent returns on equipment sent to this event in the past, as compared to accepting trade in value at the time of purchasing equipment. Councilperson Hanna made a motion, seconded by Councilperson Van Vreede to declare the list of equipment from the Highway Department, Sewer Department, and Assessment Office presented by Commissioner Beck as surplus, to facilitate its liquidation AUTHORIZE PERSONNEL TRANSFER- PART-TIME RECEPTIONIST Supervisor Barker stated that the Board has a memo from Barb Clay stating that she has interviewed candidates for the upcoming opening at the Town Hall reception desk. Ms. Clay is recommending the appointment of Mary K. Fulkerson to fill the position of Part-Time Receptionist at an hourly salary of $[] per hour effective April 24, Ms. Fulkerson has been working as a casual Part-Time employee since last April and therefore, Ms. Clay also recommended that the Board recognize her start date of April 10, 2014 as the date for calculating her benefit eligibility.

7 Page 59 Councilperson LaFay made a motion, seconded by Councilperson Havens that Mary K. Fulkerson be appointed as Part-Time Receptionist at an hourly salary of $[] per hour effective April 24, 2015 and that her start date be considered as April 10, 2014 for calculating her benefit eligibility. A motion was made by Councilperson Van Vreede, seconded by Councilperson LaFay, that the reports from the Finance Director, Town Clerk, Tax Receiver and the Code Enforcement and Development Department for the month of March 2015 be approved. There being no further business before the Board and no further questions from the audience, the Board adjourned at 7:55 pm. Respectfully submitted, Jennifer A. West Town Clerk