On the agenda: Avon August 27, 2026 — Data Center (Aug 27)

Regular Board Meeting
Avon Town Board
August 27th, 2026
The Regular Meeting of the Town Board of the Town of Avon was held August 27 th, 2026, with a start
time of 6:00 P.M. at the Avon Opera Block/Town Hall, 23 Genesee St, Avon, NY 14414.
Supervisor LeFeber called the meeting to order and led in the Pledge of Allegiance.
PRESENT:

Supervisor
Deputy Supervisor
Councilman
Councilman
Councilman
Town Clerk

David LeFeber
Thomas Mairs
Paul Drozdziel
Malachy Coyne
Collin Hayes
Faye Beshures

OTHERS: Dave Willard MRB, and Attorney Jim Campbell.
ATTENDEES FROM SIGN-IN SHEET: Cindy Kellen, Bob Westfall, David Prindle, Jeff Bauman, and
John Agoritsos.
VISITOR COMMENTS:
Jeff Bauman, representing the railroad, appeared before the Town Board to provide an update regarding
the railroad’s authorization to transport hazardous materials, specifically propane, and to explain proposed
propane transloading operation in the Town.
Mr. Bauman explained that propane would arrive by rail at the railroad property near CNY Feeds. Upon
arrival, the propane would be immediately transferred from the railcars onto semi-trucks for distribution
to various locations. He emphasized that there would be no storage of propane at the site. A safety plan
has been provided to the Fire Marshal for review.
Mr. Bauman introduced Dave Prindle, an expert in the field who is involved with the design process. Mr.
Prindle explained that the transportation and handling procedures are highly regulated and stated that the
operation would be subject to both state and federal requirements, including OSHA and EPA regulations.
He also noted that all propane lines and equipment have been designed to meet the Fire Marshal’s
requirements.
Supervisor LeFeber asked whether the railroad would require anything from the Town. Mr. Bauman
stated that the operation is considered standard and that the railroad is working to be a good neighbor by
keeping the Town informed.
Attorney Campbell asked about the proposed site and improvements, including whether additional
railroad spurs or large buildings would be constructed. Mr. Bauman explained that the additional spurs
have not yet been installed. Three tracks are planned initially, with each track capable of holding
approximately 15 railcars. No buildings are proposed as part of the operation. The main line will run
through the railroad property, with the transloading area located to the south.
Deputy Supervisor Mairs asked whether the operation would be located on the portion of the property that
has been leveled and where the pad and retention ponds are located. Mr. Bauman confirmed that it would.

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Attorney Campbell explained for the benefit of those in attendance that the propane would arrive by rail
and be immediately transferred to semi-trucks, with no propane being stored at the property. He asked
about the anticipated truck route. Mr. Bauman stated that the route would depend upon the destination of
the product, but approximately 98% of the trucks are expected to turn right and travel toward Interstate
390.
Councilman Drozdziel confirmed that the propane would remain in the railcars until it is unloaded
directly onto the trucks and that no product would be stored on site. Supervisor LeFeber asked how many
trucks would be required for one railcar. Mr. Bauman explained that one railcar contains approximately
three and a half truckloads, meaning approximately four trucks would be required to transport the product
from one railcar.
Mr. Bauman stated that transporting propane by rail into the area could significantly reduce the number of
trucks traveling on local roads, estimating a reduction of approximately 69,000 truck trips.
Supervisor LeFeber asked about the railroad’s potential for future expansion. Mr. Bauman stated that
three tracks are planned, each capable of holding approximately 15 railcars, and that he is currently
anticipating approximately 10 railcars for the program.
Attorney Campbell asked how frequently railcars would arrive and be unloaded. Mr. Bauman explained
that the frequency would depend upon customer demand and contracts and could range from
approximately once a day to once a week.
Attorney Campbell asked when the operation is expected to begin. Mr. Bauman stated that the tracks are
expected to be completed by mid-September, with railcar activity anticipated to begin approximately
three months thereafter.
Councilman Coyne asked whether additional fire hydrants would be necessary. Mr. Bauman stated that
the project and fire protection requirements have been reviewed by the Fire Marshal. Mr. Prindle
explained that the equipment and lines have been designed to meet the applicable Fire Marshal
requirements. There was additional discussion regarding fire flow, and Mr. Bauman stated that the
necessary fire protection requirements have been addressed for both the CNY Feeds operation and the
propane transloading operation.
Attorney Campbell noted that the railroad is required to comply with applicable federal requirements.
Councilman Coyne clarified that his question was whether additional upgrades to the area would be
necessary. Mr. Prindle reiterated that the operation must comply with applicable OSHA, EPA, state and
federal regulations.
Councilman Drozdziel asked whether the operation would be conducted by a third party. Mr. Bauman
explained that the railroad would bring the product into the area and a transload company would handle
the transfer of the propane to the trucks. Attorney Campbell noted that the operation is part of the
railroad’s business.
Councilman Hayes asked where the propane would originate. Mr. Bauman explained that the product
could come from a variety of locations, including Canada, Texas, Alberta and Louisiana. Mr. Prindle
added that the source depends upon where the crude is processed and the contracts established by the
shippers.

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Councilman Hayes asked how the propane ultimately arrives in Avon if it is coming from various
locations. Mr. Prindle explained that shipments depend upon the individual shipper and the contracts in
place.
Councilman Hayes also asked where the propane would be distributed after arriving in Avon. Mr.
Bauman stated that the product would be distributed to various locations based on demand, including
areas such as Rochester, Buffalo and Syracuse.
The Board and railroad representatives continued to discuss the anticipated growth and development in
the area. Supervisor LeFeber thanked Mr. Bauman and Mr. Prindle for coming before the Board and
providing the information. He stated that if there is anything the Town can do to assist, they should reach
out. Mr. Bauman thanked the Board and reiterated that the railroad’s goal is to be a good neighbor and
keep the Town informed.
RESOLUTION 121-2026
APPROVAL OF AUGUST 13TH, 2026 MINUTES
On motion of Supervisor LeFeber seconded by Councilman Coyne the following resolution was
ADOPTED – Aye – LeFeber, Drozdziel, Mairs, Hayes, Coyne Nay – 0 Absent – 0
RESOLVED, that the minutes of August 13th, 2026, be approved as presented and request they be
published to the Town of Avon’s website at www.avon-ny.gov.
JIM CAMPBELL – ATTORNEY
Attorney Jim Campbell updated the Board on the following:
 Attorney Campbell reported that the Planning Board and Zoning Board of Appeals (ZBA) held a
joint meeting on Monday, August 17th. The primary topic of discussion was the Spallina
application concerning Oak Openings Road. After considerable deliberation, the Boards voted to
approve the application to amend the existing conditional use permit.
 Attorney Campbell explained that Mr. Spallina requested the ability to access and leave the
property from the south, providing access to and from Routes 5 & 20. The ZBA found credibility
in the manner in which Mr. Spallina has addressed concerns raised by neighboring residents. The
neighbors recognize that Mr. Spallina operates the business differently than the previous owners.
 Attorney Campbell stated that Mr. Spallina agreed to several significant concessions as part of the
application. The number of trucks permitted per hour will be reduced from 30 to 20, although
there may be occasions when additional trucks are necessary due to a specific job or timeframe.
Mr. Spallina also agreed to limit Saturday operations to five Saturdays per year, allowing
residents to enjoy their weekends. Attorney Campbell noted that there is also a wedding venue
located nearby, and the limitation on Saturday operations should be beneficial to that business as
well.
 Attorney Campbell stated that he believed the process was well thought out and that the review
was thorough. He noted that the findings and decision were approximately 16 pages in length.
Attorney Campbell advised the Board that some neighboring residents involved in the matter are
considering appealing the decision. The residents have contacted Attorney Campbell and
Supervisor LeFeber’s confidential secretary, Kim McDowell, seeking information and
instructions on how to file an appeal. Both have politely explained that they cannot provide
instruction or legal advice regarding the appeal process.
 Attorney Campbell provided an update on the Carson Battery Energy Storage System. He stated
that work is continuing the Payment in Lieu of Taxes (PILOT) agreement and the Community
Benefit Agreement. The Town is looking at addressing the matter at the September 17th joint
Planning Board and ZBA meeting. Attorney Campbell stated that there is still considerable work
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to be completed over the next several weeks and that no action will be taken until those matters
are further developed. He advised the Board that the matter is currently in the hands of the
Battery Storage project's attorney and that the Board will be informed as soon as he receives
additional information.
Attorney Campbell reported that the Driscoll Code Enforcement matter has been resolved and
was addressed in court during the week. Mr. Driscoll completed significant cleanup and corrected
a number of violations on his property. Code Enforcement Officer Shannon reviewed the property
and was satisfied with the improvements, which Attorney Campbell described as a significant
improvement.
Attorney Campbell stated that he is currently working on a proposed Data Center Moratorium.
Councilman Hayes had forwarded information to him that had been provided to the County, and
Attorney Campbell has reviewed that information as well as several local laws adopted by other
municipalities. He hopes to have a draft available for the Board to review shortly.
Attorney Campbell also provided an update regarding the dedication of infrastructure. He
credited Supervisor LeFeber for his continued efforts and dedication to completing the
infrastructure process. Attorney Campbell explained that the Town has been working for several
years to have the remaining infrastructure formally dedicated to the Town.
Attorney Campbell stated that he has had several conversations and exchanged information with
the attorney representing the other party regarding the matter. They are currently determining
which infrastructure improvements have already been dedicated and which remain outstanding.
Attorney Campbell stated that his preference would be to complete a comprehensive dedication
that encompasses all the improvements that have been completed, rather than addressing the
improvements individually.

6:30 PM OPENING THE SPECIAL UNIT CHARGES PUBLIC HEARING
Supervisor LeFeber announced that he would open the Public Hearing regarding the Rte. 39 Water
Extension, Royal Springs Drainage, and Bruckel Drainage Districts. Supervisor LeFeber explained that
all three districts are subject to unit charges and that property owners within the respective districts will
be notified of their applicable unit charges on their January tax bills.
Supervisor LeFeber explained that if any property owner believes there is an error in the amount of their
unit charge, there is a process available for them to appear before the Board and present their case. He
noted that if a property owner has been incorrectly or overcharged, the Board has the ability to review and
correct the charge.
Supervisor LeFeber officially opened the Public Hearing and stated that it would remain open in the event
anyone wished to come before the Board to address the matter.
THOMAS CRYE – HIGHWAY DEPARTMENT
Supervisor LeFeber had a written report from Highway Superintendent Tom Crye and updated the Board
on the following:
Highway Department:
 Mowback.
 Ditching.
 Parks and Cemetery.
 Tree and brush.
 Helped Caledonia.

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Water Department:
 Everyday maintenance & sampling.
DAVE WILLARD – ENGINEER
Dave Willard of MRB Group updated the Board on the following items:
 Dave Willard informed the Board that he has been exchanging emails with the U.S. Army Corps
of Engineers and that it appears they are preparing to issue the necessary permits. Mr. Willard
also notified the Army Corps regarding the bat survey. He explained that the survey had been
focused on the wrong area and, as a result, the Army Corps should not need to conduct an
additional bat survey of the area.
 Mr. Willard stated that he is still waiting to hear back from the New York State Department of
Environmental Conservation (DEC).
 Mr. Willard also provided an update on the Culvert Study. He stated that they are close to
determining the anticipated lead times for equipment needed for the joint water project, including
the THM removal equipment and the valves that will be needed by the Village. Mr. Willard also
reported that he has been communicating with CP Ward regarding updates to their project
schedules.
 Mr. Willard asked Supervisor LeFeber whether he would like him to discuss the joint water
proposal related to the NRCS Grant. Supervisor LeFeber noted that the item was not on the
meeting agenda and asked the Board members if they had an opportunity to review the proposal.
The Board members indicated that they did not. Supervisor LeFeber stated that the matter should
be placed on the agenda for the next meeting so the Board can properly review and discuss the
proposal.
 Supervisor LeFeber asked Mr. Willard whether waiting until the next meeting would present any
concerns regarding the grant timeline. Mr. Willard stated that it would be acceptable to wait. He
explained that the design work for North Littleville Road should not take a significant amount of
time and that the project is anticipated to be a 2027 project.
FAYE BESHURES – TOWN CLERK’S
Town Clerk Faye Beshures presented the following report to the Board:
Clerk Beshures reported that, so far for the month of August, the Town Clerk’s Office has processed 4
fishing licenses, 76 hunting licenses, 19 building permits, 1 operating permit, 1 zoning compliance letter,
15 dog licenses, 3 marriage licenses, 2 marriage certificate copies, and 3 E-ZPasses.
Clerk Beshures informed the Board that, in addition to these transactions, residents have been coming into
the office to pay their water bills. The Court Office was busy due to Court being held on Tuesday, August
25th. There were also a few residents visiting the Assessor, along with the normal visits from residents
stopping in to conduct business or say hello.
Clerk Beshures stated that, aside from normal daily business, she has been organizing and going through
files, straightening up the office, and ordering supplies that will be needed for the upcoming tax season.
SUPERVISOR’S ITEMS – SUPERVISOR DAVID LEFEBER
Highway and Water Department Inventory
Supervisor LeFeber stated that he had received the inventory sheets from the Highway and Water
Departments and had passed them around for the Board to review. Supervisor LeFeber asked if there were

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any questions regarding the inventory sheets. There were no questions from the Board, and the following
motion was made:
RESOLUTION 122-2026
ACCEPTANCE OF THE HIGHWAY AND WATER DEPARTMENTS INVENTORY SHEETS
On motion of Deputy Supervisor Mairs seconded by Councilman Coyne the following resolution was
ADOPTED – Aye – LeFeber, Mairs, Drozdziel, Coyne, Hayes Nay – 0 Absent – 0
RESOLVED, to accept the Highway and Water Departments inventory sheets.
DISCUSSION FOR MONICA JARZYNSKI FROM OFFICE OF THE AGING TO USE THE 3 RD
FLOOR ON 11/3/26 FROM 1:30-4:30PM FOR TAI CHI FOR ARTHRITIS
Supervisor LeFeber asked the Board’s approval for the Office of the Aging to use the 3 rd floor on 11/3/26
from 1:30-4:30pm for Tai Chi for arthritis. The Board was ok with this and made the following motion:
RESOLUTION 123-2026
ACCEPTANCE FOR MONICA JARZYNSKI FROM OFFICE OF AGING TO USE THE 3 RD
FLOOR FOR TAI CHI FOR ARTHRITIS ON 11/3/26 FROM 1:30-4:30PM
On motion of Councilman Hayes seconded by Councilman Drozdziel the following resolution was
ADOPTED – Aye – LeFeber, Mairs, Drozdziel, Coyne, Hayes Nay – 0 Absent – 0
RESOLVED, that Monica Jarzynski from the Office of Aging can use the 3rd floor on 11/3/26
from 1:30-4:30pm.
DISCUSSION FOR VICKY ROSE FROM DELTA KAPPA GAMMA TO USE THE 3 RD FLOOR
ON 9/16/26 FROM 5:30-8:30PM FOR A MEETING
Supervisor LeFeber asked the Board’s approval for Vicky Rose from Delta Kappa Gamma to use the 3 rd
floor on 9/16/26 from 5:30-8:30 for a meeting. The Board was ok with this and made the following
motion:
RESOLUTION 124-2026
ACCEPTANCE FOR VICKY ROSE FROM DELTA KAPPA GAMMA TO USE THE 3 RD FLOOR
ON 9/16/26 FROM 5:30-8:30PM FOR A MEETING
On motion of Deputy Supervisor Mairs seconded by Councilman Coyne the following resolution was
ADOPTED – Aye – LeFeber, Mairs, Drozdziel, Coyne, Hayes Nay – 0 Absent – 0
RESOLVED, that Vicky Rose from Delta Kappa Gamma can use the 3rd floor on 9/16/26 from
5:30-8:30pm.
DISCUSSION FOR DEBORAH AYERS TO USE THE 3 RD FLOOR ON 11/14/26 FROM 9-4PM
FOR A BABY SHOWER
Supervisor LeFeber asked the Board’s approval for Deborah Ayers to use the 3 rd floor on 11/14/26 from 94pm for a baby shower. The Board was ok with this and made the following motion:
RESOLUTION 125-2026
ACCEPTANCE FOR DEBORAH AYERS TO USE THE 3RD FLOOR ON 11/14/26 FROM 9-4PM
FOR A BABY SHOWER
On motion of Deputy Supervisor Mairs seconded by Councilman Hayes the following resolution was
ADOPTED – Aye – LeFeber, Mairs, Drozdziel, Coyne, Hayes Nay – 0 Absent – 0
RESOLVED, that Deborah Ayers can use the 3rd floor on 11/14/26 from 9-4pm for a baby shower.
DISCUSSION FOR COUNCILMAN COLLIN HAYES TO USE THE 3 RD FLOOR ON 10/13/26
FROM 6-8PM FOR AUTHOR TERRY FOODY TO TALK ABOUT THEIR BOOK “THE PIE
SELLER, THE DRUNK AND THE LADY”
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Supervisor LeFeber asked the Board’s approval for Councilman Collin Hayes to use the 3 rd floor on
10/13/26 from 6-8pm. The Board was ok with this and made the following motion:
RESOLUTION 126-2026
ACCEPTANCE FOR COUNCILMAN COLLIN HAYES TO USE THE 3 RD FLOOR ON 10/13/26
FROM 6-8PM FOR AUTHOR TERRY FOODY TO TALK ABOUT THEIR BOOK “THE PIE
SELLER, THE DRUNK AND THE LADY”
On motion of Deputy Supervisor Mairs seconded by Councilman Drozdziel the following resolution was
ADOPTED – Aye – LeFeber, Mairs, Drozdziel, Coyne, Hayes Nay – 0 Absent – 0
RESOLVED, that Councilman Collin Hayes can use the 3rd floor on 10/13/26 from 6-8pm for
author Terry Foody to talk about their book “The Pie Seller, The Drunk and The Lady”.
DISCUSSION OF THE BUDGET FOR 2027
 Supervisor LeFeber informed the Board that it is time to begin working on the 2027 budget. He
stated that his Confidential Secretary, Kim McDowell, has sent the necessary paperwork to all
Department Heads. Supervisor LeFeber and Deputy Supervisor Mairs will be preparing the
tentative budget and are hoping to have it completed by September 21st. Supervisor LeFeber
stated that he is required to present the tentative budget to the Town Clerk by September 30th and
is hoping to have it with Clerk Beshures by September 24th.
 Supervisor LeFeber stated that he would like to have the budget completed as early as possible.
His goal is to have the preliminary budget to Clerk Beshures by October 8th so that the elected
officials' salaries can be properly posted on the Town website, in the Town Hall window, and in
the newspaper, and so that the public hearing can be held on October 22nd.
 Supervisor LeFeber asked the Board if they could meet with the Department Heads during the
last week of September. The Board agreed to meet on September 30th at 4:00 p.m. Councilman
Hayes may not be able to attend in person; however, it was discussed that he could participate by
phone to provide comments and listen to the discussion but would not be able to vote on any
matters.
 Supervisor LeFeber stated that the September 30th workshop will be held for the purpose of
working on the 2027 budget. He noted that information regarding the workshop will need to be
posted in the newspaper, in the Town Hall window, and on the Town website. Councilman
Coyne asked if they should come up with an alternate date, but Supervisor LeFeber said we have
time between now and then so let’s see what the department heads can do. Then he asked the
Board to make a motion.
RESOLUTION 127-2026
APPROVAL TO SCHEDULE A WORKSHOP FOR DEPARTMENT HEADS BUDGET ON
SEPTEMBER 30TH AT 4PM
On motion of Supervisor LeFeber seconded by Deputy Supervisor Mairs the following resolution was
ADOPTED – Aye – LeFeber, Mairs, Drozdziel, Coyne, Hayes Nay – 0 Absent – 0
RESOLVED, to schedule the workshop for the department heads budget on September 30 th at
4pm.
Clerk Beshures asked Supervisor LeFeber if he wanted the workshop notice prepared and posted at this
time. Supervisor LeFeber confirmed with Attorney Campbell that it could be done at this time. Clerk
Beshures then asked Attorney Campbell to assist with the wording for the notice, as she had not prepared
this type of posting previously. Attorney Campbell agreed to provide the appropriate wording to Clerk
Beshures by email.

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DISCUSSION OF A POSSIBLE SPECIAL MEETING WITH ZBA AND PLANNING BOARD
Supervisor LeFeber then mentioned a special meeting with the ZBA and Planning Boards that had been
mentioned at a previous meeting but said it doesn’t look like it due to the projects aren’t far enough.
Attorney Campbell said the next week or week in a half will determine that. Then Supervisor LeFeber
stated we’d talk about it at our next Board meeting.
DISCUSSION OF UPWP GRANT
Supervisor LeFeber stated to Councilman Drozdziel that he knew the matter was not on the agenda but
asked if Councilman Drozdziel would like to discuss the GTC. Councilman Drozdziel agreed and
informed the Board that he had spoken with Angela Ellis regarding a grant opportunity through the
Federal Transit Administration called the UPWP Grant.
Councilman Drozdziel stated that an estimate of the total project costs had been prepared, with the total
project cost estimated at $85,000. He explained that the Town had applied for a grant last year but was
not successful, and he would like to pursue this opportunity.
Councilman Drozdziel explained that the Town’s cash match for the $85,000 project would be
approximately $3,500, with an additional $5,000 in-kind contribution from the County. He stated that the
Town would need to prepare and submit a letter on Town letterhead to the County confirming the Town’s
commitment to the grant.
A discussion followed between the Board and Attorney Campbell regarding the letter. The Board
discussed having Councilman Hayes draft the letter, and the following motion was made authorizing
Supervisor LeFeber to sign the grant letter.
RESOLUTION 128-2026
APPROVAL FOR SUPERVISOR LEFEBER TO SIGN A LETTER TO THE COUNTY ABOUT
THE GRANT
On motion of Councilman Hayes seconded by Deputy Supervisor Mairs the following resolution was
ADOPTED – Aye – LeFeber, Mairs, Drozdziel, Coyne, Hayes Nay – 0 Absent – 0
RESOLVED, to allow Supervisor LeFeber to sign a letter to the county for the Grant.
DISCUSSION OF INVESTMENT POLICY
Supervisor LeFeber stated that he and Deputy Supervisor Mairs have been discussing an investment
policy which was recommended during an audit. So, Supervisor LeFeber said at a future meeting they
will need to adopt the investment policy.
7:00 PM DISCUSSION OF CLOSING THE PUBLIC HEARING FOR THE SPECIAL UNIT
CHARGES
Supervisor LeFeber and Attorney Campbell had a brief discussion about closing the public hearing and if
they should take a vote on this. It was decided that yes, and to note that no action was taken since no one
had shown for the public hearing. The following motion was made:
RESOLUTION 129-2026
ACCEPTANCE TO CLOSE THE PUBLIC HEARING FOR THE SPECIAL UNIT CHARGES
WITH NO ACTION TAKEN
On motion of Deputy Supervisor Mairs seconded by Councilman Hayes the following resolution was
ADOPTED – Aye – LeFeber, Mairs, Drozdziel, Coyne, Hayes Nay – 0 Absent – 0
RESOLVED, to close the public hearing for the special unit charges and no action was taken due
to no one had shown for it.
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OPEN ITEMS
Supervisor LeFeber asked the Board if they had any open items, and Councilman Drozdziel said he did
and mentioned the following:
Councilman Drozdziel stated that we had an issue with a heat pump in the Court area, the technician was
called and came the very next morning and took care of the issue. So, this brings up the fact that we
should come up with a plan for the budget to incorporate money to fix the heat pumps. There are 16 in
the building, and he suggested staggering replacing them so it’s not a big expense all at once. This
brought on a discussion amongst the Board that they will have to prioritize the ones they should do first.
Councilman Drozdziel also mentioned about how the elevator technicians are scheduled to come in as
well as the people who work with our fobs to allow us access to areas in the building.
Councilman Drozdziel also mentioned that while doing the budget they might want to budget for a facility
standpoint money for new films on the windows since the ones on there are 15 years old and are starting
to fail.
On motion of Deputy Supervisor Mairs seconded by Supervisor LeFeber and carried by all, the Board
meeting was adjourned at 7:03pm.
Respectfully submitted,
Faye Beshures
Town Clerk

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