MINUTES FILED WITH TOWN CLERK

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1 Page 1 of 7 Town of Farmington Farmland Protection Plan Advisory Committee FILED WITH TOWN CLERK May 19, 2015 TOWN OF FARMINGTON FARMLAND PROTECTION PLAN ADVISORY COMMITTEE MINUTES OF THE MEETING OF MAY 19, 2015 MINUTES FILED WITH TOWN CLERK The following minutes are written as a summary of the main points that were made and the actions taken at the Town of Farmington Farmland Protection Plan Advisory Committee meeting. Town of Farmington Farmland Protection Plan Advisory Committee Authorization: Farmington Town Board Resolution # , March 26, 2013 Committee Members Present: Ronald L. Brand, Chair Town of Farmington Director of Planning and Development Henry Adams Town of Farmington Agricultural Advisory Committee Member Dr. Michael Casale Town of Farmington Town Board Member Ronald Herendeen Town of Farmington Planning Board Member Susan Hilton Town of Farmington Conservation Board Member Peter Maslyn Town of Farmington Agricultural Advisory Committee Chair Royal Purdy Town of Farmington Agricultural Advisory Committee Member Committee Member Excused: James Ochterski Consultant, Field Stone Communications LLC Staff Present: Robert King Georgic Environmental Also Present: Greg and Amberlea Atwood, 5041 Shortsville Road, Shortsville, N.Y David Degear, Town of Farmington Water and Sewer Superintendent 1. MEETING OPENING, PUBLIC NOTICE AND NEWS MEDIA NOTIFICATION Mr. Brand called the meeting to order at 7:00 p.m. He attested that the Canandaigua Daily Messenger newspaper was notified of this meeting on May 4, 2015, and that notice of the meeting and the agenda were posted on the Town web site on the same date. 2. CHAPTER 1 DISCUSSION Attachment A Mr. Brand distributed and discussed Chapter 1 of the Farmington Farmland Protection Plan (FPP), Draft #2, dated May 19, He explained that a number of municipalities throughout New York State have or are currently writing farmland protection plans as a means to identify opportunities and solutions for the protection of agricultural lands, and 1

2 Page 2 of 7 Town of Farmington Farmland Protection Plan Advisory Committee FILED WITH TOWN CLERK May 19, 2015 that each plan improves upon a previous document. For Farmington, he said that he seeks to avoid a lengthy document and to avoid simply repeating agricultural sections of the Town s Comprehensive Plan. He said that the purpose of the Farmington FPP is to serve as an amendment to the existing Comprehensive Plan and that it should include a mechanism by which it can be updated from time to time. Mr. Brand noted that part of this process is coordination with the Ontario County Agricultural Enhancement Plan that has been in effect since 2000 (see ontario.ny.us/documentcenter/home/view/461 for the complete plan) and/or Like the Ontario County Agricultural Enhancement Plan on the Facebook social media site for the status of updates. Among the highlights of Chapter 1 that Mr. Brand reviewed with the committee were: FPP Vision: The Town of Farmington s FPP is founded upon the many factors that influence development and land use patterns in the Town and values the agricultural soils, agribusinesses and farming operations as an integral part of the economy, environment and quality of life.... A vision of the FPP is to provide an open rural character essential to agriculture and to mitigate other land uses that adversely affect farming. Plan Goal and Objectives: Land use and development regulations which address the special needs of farmers, including provisions which stipulate that farming activities take precedence over other uses in areas zoned for agriculture. Productive agricultural lands remain in agriculture. Agricultural environmental management practices that minimize contamination of the environment, erosion and surface water runoff. A renewed diversified agricultural sector. Attachment B Mr. Brand also referred to the Farmland Conversion Map (Map No. 7) (Attachment B) as prepared by Lu Engineers that depicts farmland that has been converted to other uses for the period 2004 to He explained that most of the farmland conversion has been in the southwest portion of Farmington where the Town had previously identified this location for residential growth. 2

3 Page 3 of 7 Town of Farmington Farmland Protection Plan Advisory Committee FILED WITH TOWN CLERK May 19, CRITIQUES OF TOWN CODE AS IT PERTAINS TO AGRICULTURE Mr. Brand discussed the possibility of seeking state grant funding for a potential audit of the Town Code to bring various sections into compliance with current agricultural practices and New York State Agriculture and Markets regulations. He explained that these types of audits have been done in other municipalities to bring outdated regulations up to today s standards. In some cases, Town Code sections may have been enacted 30 to 40 years ago, he said. Among the Town Code sections that have previously been identified for review and possible updates are: Chapter 49 Chapter 65 Chapter 74 Animals Buildings, Unsafe Construction Codes, Uniform Chapter 112 Brush, Grass and Weeds Chapter 117 Right to Farm Life Law of the Town of Farmington Chapter 135 Solid Waste Chapter 144 Subdivision of Lands Within the Town of Farmington Chapter 153 Vehicles and Traffic Chapter 155 Vehicles (motor-driven recreational vehicles on private or municipal property) Chapter 165 Zoning Law of the Town of Farmington 4. PLAN TIMELINE Mr. Brand said that Chapter 10 of the FPP would serve as the conclusion by bringing all of the committee s work together. He said that the draft of the complete report would be distributed to the committee in June. Following the committee s review and revisions, the report would be presented to the Ontario County Agricultural Enhancement Board and to the community at a public hearing. The report would then be submitted to the Town Board for adoption. Mr. Brand noted that the Town s contract with New York State Agriculture and Markets expires on June 30, 2015, which would be midway into the public approval process. He said that since the approval process could take two or three months, the Town Board 3

4 Page 4 of 7 Town of Farmington Farmland Protection Plan Advisory Committee FILED WITH TOWN CLERK May 19, 2015 could request an extension from the State for completion of the report. Mr. Purdy asked about the possibility of the State s willingness to provide an extension. Mr. Brand said that this should not be a problem because the State has been kept informed of the committee s progress throughout the process. Mr. Brand asked for the committee s consensus that an extension be requested to avoid having to rush the remaining steps; there were no objections. 5. FARMLAND PRESERVATION TECHNIQUES DISCUSSION Mr. Maslyn asked about the Build-out Analysis chapter. Mr. Brand said that the purpose of this material is to demonstrate the conversion of farmland in the Town to other uses, especially to large lots for single-family homes. He explained that Farmington has grown by about 100 single-family homes per year over the past few years, making it the fastest growing community in a six-county area. Mr. Brand noted that the Town is attempting to focus this growth within the southwest portion of the Town in accordance with the Comprehensive Plan. Dr. Casale noted the significant growth in Downstate New York communities in which most of the farmland was lost within a period of about 30 years. Dr. King said that even if one quarter of the Downstate development would be realized in Farmington, local agriculture would be adversely affected. Mr. Adams noted that the Build-out Analysis is a projection of what may occur in the Town and includes a number of assumptions. He said that the potential loss of farmland might be more of a people problem of operators not having a transition plan rather than a resource problem, and that using strict zoning as a measure to encumber farmland could affect landowners rights that are not now encumbered. Mr. Brand said that the Build-out Analysis could be considered as a community awareness about the potential future loss of farmland, and that although the problem is now identified, the solution must include change, which could include a review and update of existing Town Code. Mr. Adams reported on a recent county meeting of dairy farm operators at which it was discussed that zoning regulations might not be the best way to preserve farmland and enhance agriculture. He said that a number of dairy operators at the meeting suggested that good public perception of agriculture by the community would benefit the industry and that he did not hear many comments about farmland protection through stricter local ordinances. He said that a balance should be established regarding a municipality having too much control over other people s lands. Dr. King discussed a situation in which a municipality s zoning code effectively prohibited a farm operator from selling products grown on his own land, and that this would be an example of modifying a local code to encourage agriculture as a land use. 4

5 Page 5 of 7 Town of Farmington Farmland Protection Plan Advisory Committee FILED WITH TOWN CLERK May 19, 2015 On the topic of Purchase of Development Rights (PDRs), Dr. King distributed information on the Farmland Protection Implementation Grants (FPIG) Program Required Easements Provisions, a sample easement, and excerpts from a brochure entitled Planning for Agricultural Growth in New York. (Three documents were distributed at the meeting. Two are appended to these minutes as Attachments C and D.) Attachments C and D He explained that in the past, communities were purchasing development rights for at least up to 99 years, but that now some municipalities are considering 20- to 30-year terms of agreement. Dr. King suggested that PDRs should be considered as one of many tools for use in protecting farmland in a community. In preparation for the final draft of the FPP, Mr. Maslyn asked if the committee members should rank the various methods of preserving farmland that have been discussed. Mr. Brand and Dr. King agreed that the committee members should provide this ranking. Dr. King said that State officials are looking for agricultural advisory committees and boards to provide the leadership on farmland protection. Otherwise, he said, the decisions on farmland protection would be subject to political influence. 6. OTHER COMMITTEE TOPICS Mr. Brand discussed the ongoing update to the Ontario County Agricultural Enhancement Plan and said that it often has been difficult in obtaining information from the Agricultural Enhancement Board (AEB). Mr. Adams and Mr. Maslyn noted that the board seems to have been reaching out to specific agricultural factions (such as the recent dairy meeting). Mr. Brand said that he would appreciate the AEB s thoughts on the Farmington FPP. Mr. Brand also noted that the 2000 edition of the Ontario County Agricultural Enhancement Plan did not cover the topic of drainage to a great extent, even though the Ontario County Planning Department has indicated that drainage issues throughout the county are major concerns to farmland operations. He also reported on the recently proposed Ontario County All Hazard Mitigation Plan that identifies hazards, or land features that could become hazardous, such as bodies of water or highways such as the New York State Thruway. He reviewed with the committee a matrix of actions that the county is recommending for implementation by local municipalities. In the Town of Farmington, such recommendations include a natural gas generator for the Farmington Town Court facility (for public shelter during emergencies), the need to adopt soil erosion and sedimentation control regulations, and consideration of a town-wide drainage district. 5

6 Page 6 of 7 Town of Farmington Farmland Protection Plan Advisory Committee FILED WITH TOWN CLERK May 19, PUBLIC COMMENTS Mr. Atwood said that young farmers might not consider Farmington s farmland to purchase when entering the agriculture field because of the rising prices for land and relatively poor soils for some field crops. He said that unless they are already here and involved in farming, young farmers may seek other areas in which to establish a farm where soils are better and taxes are lower. He said that he is not sure if his children would be able to carry on farming and that the value of his land the real estate might be his exit strategy for retirement. He suggested to the committee that they should be sure that the Farmington FPP could be amended, depending on future conditions. He said that he would not be in favor of PDRs unless they could be distributed equitably and that, as one who believes in capitalism, he does not want to subsidize a farm operation that could not pay for itself. Mr. Atwood said that the Town s continued loss of farmland would not be stopped by the committee s work. He noted that family farms are gone in Henrietta, N.Y., and just about gone in Victor, N.Y., and that some of the infrastructure that was meant to support farmers has, in some cases, been used against them. Mr. Brand commented on a map of the Town that charted the responses to the survey of farm operators and leased land property owners that was conducted by the committee in He noted that most of the surveys were returned from the area of Farmington in which most of the active farms are located. He also noted that this map would not be part of the public document, as the survey was conducted anonymously. The map has only been shown to the Committee as evidence of a good sampling of lands within the rural agricultural area of the Town. Mr. Adams noted that there were about twice as many responses from landowners instead of farm operators and that while he was disappointed in this, he was pleased with the good response from the landowners. 8. NEXT MEETING AND ADJOURNMENT The next meeting of the Farmland Protection Plan Advisory Committee will be held in mid- to late-june, date and time to be announced. The meeting was adjourned at 8:40 p.m. Following the meeting, John Robortella secured the building. 6

7 Page 7 of 7 Town of Farmington Farmland Protection Plan Advisory Committee FILED WITH TOWN CLERK May 19, 2015 Respectfully submitted, L.S. John M. Robortella Attachments: A. Farmington Farmland Protection Plan, Chapter 1, Draft #2 B. Farmland Conversion Map (Map No. 7) C. Planning for Agricultural Growth in New York brochure D. Farmland Protection Implementation Grants (FPIG) Program Required Easements Provisions 7