TOWN BOARD MINUTES
January 15, 2008

Posted 02/07/08

Proceedings of a regular meeting of the Pittsford Town Board held on Tuesday, January 15, 2008 at 7:00 P.M. local time in Pittsford Town Hall.

PRESENT
Supervisor William A. Carpenter and Councilpersons Sandra F. Zutes, John J. Higgins, Jr., Karen W. Green, and John E. Bernacki, Jr.

ABSENT: There were no Town Board members absent.

ALSO PRESENT: Staff Members: Paul J. Schenkel, Commissioner of Public Works; Gregory J. Duane, Finance Director; Paul W. Wilson, Director of Recreation & Technology; Richard T. Williams II, Town Attorney; Patricia E. Chuhta, Town Clerk.

ATTENDANCE
Four members of the public were in attendance.

Supervisor Carpenter called the meeting to order at 7:00 P.M. and invited everyone to stand for the Pledge of Allegiance.

PUBLIC COMMENTS
There were no public comments.

PUBLIC HEARING CONTINUED: PROPOSED LOCAL LAW #1 OF 2008 (FORMERLY PROPOSED LOCAL LAW #7 OF 2007): AMENDING ARTICLE III, ENTITLED AGRICULTURAL ZONE OF CHAPTER 185 OF THE TOWN OF PITTSFORD MUNICIPAL CODE AND THE RE-ZONING OF PARCLES TO BE INCLUDED IN THE AGRICULTURAL ZONE
Supervisor Carpenter opened the public hearing and noted that this proposed Local Law was originally published as Local Law #11 of 2007 and then discussed the changes that were made to the proposed law based upon input at the December 18 2007 public hearing.

The following person spoke:

• Mark Greene, 3170 Clover Street.

There being no further public comments, Supervisor Carpenter closed the public hearing.

SEQRA PROCEEDINGS: PROPOSED LOCAL LAW #1 OF 2008 (FORMERLY PROPOSED LOCAL LAW #7 OF 2007): AMENDING ARTICLE III, ENTITLED AGRICULTURAL ZONE OF CHAPTER 185 OF THE TOWN OF PITTSFORD MUNICIPAL CODE AND THE RE-ZONING OF PARCLES TO BE INCLUDED IN THE AGRICULTURAL ZONE:
The following Resolution was offered by Councilman Higgins, and seconded by Councilwoman Green,
RESOLVED, that the Pittsford Town Board, upon consideration of all written and oral submissions, public comment, comment from appropriate agencies, as well as the Short Form Environmental Assessment Form, and upon having given this matter due deliberation and consideration, finds that the proposed amendment to Article III of Chapter 185 the Town of Pittsford Municipal Code and the proposed re-zoning of certain parcels to be included in such Zone will have no significant adverse impact on the environment; and be it
FURTHER RESOLVED, that the Town Board issues a Negative Declaration for the adoption of proposed Local Law No. 1 of 2008 and the proposed re-zoning.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

PROPOSED LOCAL LAW #1 OF 2008 (FORMERLY PROPOSED LOCAL LAW #11 OF 2007): AMENDING ARTICLE III, ENTITLED AGRICULTURAL ZONE OF CHAPTER 185 OF THE TOWN OF PITTSFORD MUNICIPAL CODE AND THE RE-ZONING OF PARCLES TO BE INCLUDED IN THE AGRICULTURAL ZONE APPROVED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilman Bernacki,
RESOLVED, that Local Law No. 1 of 2008: Amending Article III of Chapter 185 of The Town Of Pittsford Municipal Code Entitled "Agricultural Zone", be adopted by the Town Board of the Town of Pittsford, New York, to read as annexed hereto; and it was further
RESOLVED, that the proposed re-zoning of the parcels identified in "Exhibit A" attached hereto, from the current zoning, as identified in "Exhibit A", and to "Agricultural Zone", is hereby approved; and it was
RESOLVED, that within twenty (20) days subsequent to the 15th day of January, 2008, there shall be filed with the Secretary of State one certified copy of said Local Law No. 1 of 2008.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

The change to Town Code Chapter 185 resulting from Local Law #1 of 2008 is as follows:

§ 185-9. Definitions.
For purposes of this article, the following terms shall have the meanings indicated:

COUNTRY STORE - A retail business operation, operated by the farm owner as an accessory use to an agricultural use, that sells locally produced agricultural products and arts and handcrafted products within an enclosed structure. Additionally, other retail products may be sold in an area that is no more than 20% of the net sales floor space. Outside sales of locally produced agricultural products (i.e., strawberries, pumpkins, Christmas trees, etc.) is also permitted.

PARCEL - Any tax parcel, as identified by the Tax Map of the Town of Pittsford as of June 1, 2007.

FARM AREA - That portion of a parcel, as defined above, that is specifically designated in a recorded conservation easement to the Town of Pittsford as a "Farm Area".

FARM MARKET - A retail business operation, operated by the farm owner as an accessory use to an agricultural use, that sells locally produced agricultural products within an enclosed structure. Outside sales of locally produced agricultural products (i.e., strawberries, pumpkins, Christmas trees, etc.) is also permitted.

FARMSTEAD - That portion of a parcel, as defined above, that is specifically designated in a recorded conservation easement to the Town of Pittsford as a "Farmstead".

HOMESTEAD - That portion of a parcel, as defined above, that is specifically designated in a recorded conservation easement to the Town of Pittsford as a "Homestead" and as being exempt from the provisions of such recorded conservation easement.

§ 185-10. Permitted uses.
The following uses are permitted as principal uses within the Agricultural District:

1. In Farm Areas: Agricultural uses, as permitted in a recorded conservation easement, and open space.
2. In Farmstead Areas: Structures used solely in connection with an agricultural use; Farm Markets, operated by the farm owner as an accessory use to an agricultural use; Country Stores, operated by the farm owner as an accessory use to an agricultural use; and open space.
3. In Homesteads: Single family residential; Farm Markets, operated by the farm owner as an accessory use to an agricultural use; Country Stores, operated by the farm owner as an accessory use to an agricultural use; and open space.
4. On Parcels not subject to a Conservation Easement: Single Family Residential and open space.

§ 185-11. Farm Market/Country Store regulations.

1. Interior retail floor space shall not exceed 5,000 square feet in size.
2. One (1) freestanding sign may be erected on the premises, not exceeding 16 square feet in size, identifying the business, which such sign shall not have more than two (2) sides; shall not exceed 6 feet in height; and shall not be closer than 10 feet from any lot line or road right-of-way nor obstruct vehicular or pedestrian visibility. One (1) additional sign may be erected on the building façade, not exceeding 6 square feet in size, identifying the business.
3. All structures shall comply with the setback requirements set forth in § 185-12 (B), (C) and (D).
4. A special permit shall be obtained from the Planning Board for the use. The Planning Board shall ensure that proposed structures are architecturally compatible with the surrounding neighborhood and that adequate off-street parking is provided.

§ 185-12. Development of Parcels and Homesteads
A Parcel or Homestead consisting of less than two (2) acres may be developed at a density of one (1) residential dwelling unit. A Parcel or Homestead consisting of two (2) acres or more may be developed at a density of one (1) residential dwelling unit per acre. The following minimum standards shall apply:

1. Required frontage shall be 125 feet.
2. Front setbacks shall be 70 feet.
3. Side setbacks shall be 20 feet.
4. Rear setbacks shall be 10 feet.
5. Minimum floor space shall be 1,800 square feet.
6. The maximum permitted height of any dwelling shall be 40 feet, except that chimneys attached to such structures may extend five feet above the highest point of the building.
7. A reasonable buffer shall be established and maintained between residential uses and any adjoining agricultural uses. The buffer shall be subject to review and approval by the Planning Board as part of subdivision review.
8. Accessory structures and uses shall comply with the requirements of §185-113, except that accessory structures located in a Homestead and adjacent to a Farmstead and are used solely in connection with an agricultural use need not comply with the requirements of §185-113, but shall comply with the requirements of §185-13.

§ 185-13. Structures in Farmsteads.
Structures on lands designated as a Farmstead in a recorded conservation easement shall be limited to the types of structures specifically allowed for in such conservation easement. The following minimum standards shall apply:

1. Front setbacks shall be 70 feet.
2. Side setbacks shall be 20 feet.
3. Rear setbacks shall be 10 feet.
4. The maximum permitted height shall be 60 feet, except that silos, including grain elevators, may be 80 feet in height.

Exhibit A

SUPERVISOR'S COMMENTS

• Supervisor Carpenter indicated that the work on sewer district extension SWA-15 for properties located on West Jefferson Road has been completed by boring, and without open cuts.
• Supervisor Carpenter announced that Moody's has upgraded the Town's credit rating from Aa2 to Aa1 and that Pittsford is only one of thirteen municipalities in New York State to have achieved this designation.

MINUTES OF DECEMBER 31 2007 APPROVED
The following Resolution was offered by Councilwoman Green, and seconded by Councilwoman Zutes,
RESOLVED, that the minutes of December 31, 2007 Town Board meeting are approved as written.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

MINUTES OF JANUARY 3 2008 APPROVED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilman Bernacki,
RESOLVED, that the minutes of January 3, 2008 Town Board meeting are approved as written.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

PUBLIC HEARING SET: PROPOSED SUMMERS CIRCLE PARK DISTRICT
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilwoman Green,
RESOLVED AND ORDERED, that a public hearing be held before the Town Board of the Town of Pittsford, at the Town of Pittsford Town Hall, on the 19th day of February, 2008 at 7:00 P.M., Local Time, to consider the said Petition and to hear all persons interested therein, and for such other and further action on the part of the Town Board with relation to the said Petition as may be required by law or proper in the premises; and it is further
RESOLVED AND ORDERED, that a copy of the within Resolution be duly published in the Brighton-Pittsford Post which paper is designated as the official paper for such publication, and a copy of the said Resolution be posted on the bulletin board of the Town Clerk of the Town of Pittsford, New York, maintained pursuant to Section 30 of the Town Law, not less than ten (10) nor more than twenty (20) days prior to the date of the said hearing.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

PUBLIC HEARING SET: EXTENSION 9 TO 1-2 POLE LIGHTING DISTRICT FOR KENSINGTON PARK NORTH (PH. 1) SUBDIVISION FOR SUMMERS CIRCLE
The following Resolution was offered by Councilman Higgins, and seconded by Councilwoman Zutes,
RESOLVED AND ORDERED, that a public hearing be held before the Town Board of the Town of Pittsford, at the Town of Pittsford Town Hall, on the 19th day of February, 2008 at 7:00 P.M., Local Time, to consider the said Petition and to hear all persons interested therein, and for such other and further action on the part of the Town Board with relation to the said Petition as may be required by law or proper in the premises; and it is further
RESOLVED AND ORDERED, that a copy of the within Resolution be duly published in the Brighton-Pittsford Post which paper is designated as the official paper for such publication, and a copy of the said Resolution be posted on the bulletin board of the Town Clerk of the Town of Pittsford, New York, maintained pursuant to Section 30 of the Town Law, not less than ten (10) nor more than twenty (20) days prior to the date of the said hearing.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

RAYMOND F. WAGER, CPA, PC AUDITING SERVICES FOR FISCAL YEAR 2007 APPROVED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Zutes,
RESOLVED, that the Supervisor is authorized to sign a contract with Raymond F. Wager, CPA, PC for accounting services of the fiscal year ending December 31, 2007 at a price not to exceed $19,950.00.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

DOG CONTROL OFFICER APPOINTMENT AUTHORIZED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilwoman Zutes,
RESOLVED, that the Pittsford Town Board appoints Jeffrey Neufeglise as the Dog Control Officer effective January 28 2008 at an annual salary of thirty-one thousand five hundred dollars ($31,500.00).
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

HIGHWAY DEPARTMENT PROMOTIONS AUTHORIZED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Green,
RESOLVED, that the Pittsford Town Board authorizes the following Highway Department promotions to fill vacancies:
• Royce Collins, Laborer @ $17.74/hour to MEO III @ $18.68/hour
• Stephen Wallman, MEO III @ $19.94/hour to MEO II @ $22.70/hour
• Stephen Iddings MEO II @ $24.06/hour to MEO I @ $24.63/hour
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

HISTORIC PRESERVATION COMMISSION RESIGNATION ACCEPTED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilman Bernacki,
RESOLVED, that the Pittsford Town Board accepts with regret the resignation of Patricia Place from the Historic Preservation Commission effective January 15 2008.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

HISTORIC PRESERVATION COMMISSION APPOINTMENT AUTHORIZED
The following Resolution was offered by Councilman Higgins, and seconded by Councilwoman Zutes,
RESOLVED, that the Pittsford Town Board appoints Leslie Mitchell to the Historic Preservation Commission for the Town of Pittsford to complete the term for the vacant position, whose term will expire on December 31 2010.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

PLANNING BOARD APPOINTMENT AUTHORIZED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilwoman Green,
RESOLVED, that the Pittsford Town Board appoints Anne Christ to the Planning Board for the Town of Pittsford for a seven-year term that will expire on December 31 2014.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

SEMINAR ATTENDANCE AUTHORIZED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Green,
RESOLVED, that Assessor Stephen Robson is authorized to attend the NYS Assessors Seminar on Not-For-Profit Exemptions in Rochester NY on February 1 2008 at a cost of $85.00.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

JANUARY 2008 VOUCHERS APPROVED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Zutes,
RESOLVED, that January 2008 vouchers No. 81331 through No. 81471 in the amount of $469,819.10 are approved for payment.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

As there was no further business, the Supervisor adjourned the meeting at 7:42 P.M.

Respectfully submitted,

Patricia E. Chuhta
Town Clerk

OFFICIAL BOARD MINUTES ARE ON FILE IN THE OFFICE OF THE TOWN CLERK