PRESENT: Supervisor William Moehie Councilmember James Vogel Councilmember Louise Novros Councilmember Jason DiPonzio Councilmember Christopher Werner

Transcription

1 77 MINUTES OF TOWN BOARD MEETING OF THE TOWN OF BRIGHTON, COUNTY OF MONROE, NEW YORK HELD AT THE BRIGHTON TOWN HALL, 2300 ELMWOOD AVENUE, ROCHESTER, NEW YORK JULY 25, 2012 Supervisor William Moehie Councilmember James Vogel Councilmember Louise Novros Councilmember Jason DiPonzio Councilmember Christopher Werner Kenneth Gordon, Attorney for the Town Daniel Aman, Town Clerk EXECUTIVE SESSION: Motion by Councilmember Jason DiPonzio seconded by Councilmember Christopher Werner to go into executive session at 6:45PM Employment of a particular person and appointments of particular people Motion by Councilmember James Vogel seconded by Councilmember Jason DiPonzio to come out of executive session at 6:58PM MEETiNG CALLED TO ORDER: OPEN FORUM: City of Rochester Councilmember Carla Palumbo Lisa Berkovich Joan Roby-Davidson Bob Levine Kathy Txo Maryilyn Parchus Mary Ann Schlitzer Paul Beiten Ed Baranowycz Janice Toland Jim White Anne Sammler Ray Tierney Kelly O Connell Laura O Connell Jonathan Foster Sally Wood Mary Jeanne Johnson Charles Bernitt Marge Alaimo Steven Lind Karen Christie Stephanie Capobianco

2 78 Gail Vail Tom Gain APPROVAL OF AGENDA: Motion by Councilmember Louise Novros seconded by Councilmember Jason DiPonzio to approve the agenda APPROVE AND FILE TOWN BOARD MEETING MINUTES FOR: June 27, 2012 Town Board Meeting Motion by Councilmember Christopher Werner seconded by Councilmember Louise Novros to approve and file the minutes from Town Board Meeting for June 27, 2012 COMMUNICATIONS: FROM New York State Office of Real Property Tax Services to Supervisor dated July 24, 2012 Re; State equalization rate notification of for the Town of Brighton. FROM Karen Christie dated July 25, 2012 to Supervisor and members of the Town Board regarding the proposed Rochester City Fire Department agreement and the West Brighton Fire District. FROM Charles Bernitt dated July 25, 2012 to Town Clerk Daniel Aman regarding the proposed Rochester City Fire Department agreement and the West Brighton Fire District. FROM Janice Toland dated July 25, 2012 to Town Clerk Daniel Aman regarding the proposed Rochester City Fire Department agreement and the West Brighton Fire District. FROM Marge Alaimo dated July 25, 2012 suggesting that the same process proposed for West Brighton Fire Department should have to be used for Central Brighton Fire Department. She supports West Brighton Fire Department FROM Bill and Marcia LaCrosse dated July 25, 2012 to Brighton Town Board relating experience with Engine 19 of the Rochester City Fire Department in saving her husband s life FROM Susan Williams dated July 25, 2012 to Town Clerk Daniel Aman regarding questions she has relating to the proposed Rochester City Fire Department agreement and the West Brighton Fire District FROM Cathy Beiter dated July 25, 2012 to Town Clerk Daniel Aman with question about timing of agreement and resolutions with the Rochester City Fire Department prior to referendum FROM Stephanie Capobianco dated July 25, 2012 to Town Clerk Daniel Aman requesting to know the response received by the Supervisor to an expectation voiced at the July 11, 2012 Town Board Meeting FROM Steven Lind dated July 25, 2012 to Town Clerk Daniel Aman requesting an explanation of differing requirements for number of firefighters on primary response engines in different fire departments

3 79 FROM Jeanne Skvarla dated July 25, 2012 to Town Clerk Daniel Aman concerning the expected call volume relating to the new protection district if the agreement with the Rochester City Fire Department is implemented FROM Sally Wood dated July 25, 2012 to Town Clerk Daniel Aman regarding the protocol to be followed for EMS calls in West Brighton under the proposed Rochester City Fire Department agreement FROM MaryAnn Schlitzer dated July 24, 2012 to Town Clerk Daniel Aman regarding training required of Fire Commissioners FROM Marilyn Parchus, Board Member of North Winton Village Association dated July 25, 2012 to Brighton Town Board recommending that the Brighton Town Board approve the agreement with the Rochester City Fire Department FROM Marilyn Parchus, President of Hazelton Court Homeowner s Association, dated July 25, 2012 to Brighton Town Board recommending that the Brighton Town Board approve the agreement with the Rochester City Fire Department FROM Ed Baranowycz dated July 25, 2012 to Town Clerk Daniel Aman regarding the proposed Rochester City Fire Department agreement and the West Brighton Fire District. Motion by Councilmember James Vogel seconded by Councilmember Jason DiPonzio that the aforementioned communications be received and filed COMMITTEE REPORTS: Community Services Next meeting Sept 24 at Brookside Finance and Administrative Services Next meeting July 31 at 3:30PM in Stage Conference Rm Public Safety Services Next meeting August 14 at 8:00AM in Downstairs Meeting Room Public Works Services Next meeting August 13 at 9:00AM in Downstairs Meeting Room OLD BUSINESS: Motion by Councilmember Jason DiPonzio seconded by Councilmember Christopher Werner to reintroduce the matter authorizing the Supervisor to execute agreement with the City of Rochester to provide fire protection and medical emergency services to the West Brighton Fire District Authorize Supervisor to execute agreement with the City of Rochester to provide fire protection and medical emergency services to the West Brighton Fire District (see Resolution #1 and copy of agreement). Motion by Councilmember Jason DiPonzio seconded by Councilmember Christopher Werner that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 1 attached Approve formation of the Town of Brighton Local Development Corporation (see Resolution #2 and copy of agreement).

4 80 Motion by Councilmember Louise Novros seconded by Councilmember Christopher Werner that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 2 attached Authorize approval to terminate agreement between the Town of Brighton and the West Brighton Fire Department (see Resolution #3). Motion by Councilmember Jason DiPonzio seconded by Councilmember Christopher Werner that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 3 attached NEW BUSINESS: Reading and approval of claims Motion by Councilmember Christopher Werner seconded by Councilmember Jason DiPonzio that the Supervisor read and approve the payment of claims as set forth in Exhibit No. 4 attached Authorize adoption of the Capital Improvement Plan (see Resolution #4, Memorandum dated July 19, 2012 from Suzanne Zaso, Director of Finance and copy of Sustainability Oversight Committee letter dated July 17, 2012 confirming receipt of proposed CIP and recommendation to Town Board to adopt same). Motion by Councilmember Christopher Werner seconded by Councilmember James Vogel that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 5 attached MOTION UANIMOUSLY CARRIED Set 1St and 2 Public Hearing for October 10, 2012 and October 24, 2012 respectively to consider adoption of proposed Supervisor s 2013 preliminary Operating and Capital Improvement Budgets (see Resolution #6 and letter dated July 10, 2012 from Suzanne Zaso, Director of Finance). Motion by Councilmember James Vogel seconded by Councilmember Louise Novros that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 6 attached Set 1st and 2nd Public Hearing for October 10, 2012 and October 24, 2012 respectively to consider adoption of Assessment Rolls for Service Charges, Maintenance Charges, Capital Improvements and Sewer Rent Charges for Special Improvement Districts and for Special Improvements within the Town of Brighton (see Resolution #5 and letter dated July 10, 2012 from Suzanne Zaso, Director of Finance).

5 81 Motion by Councilmember James Vogel seconded by Councilmember Jason DiPonzio that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 7 attached Authorize approval to accept a NY State HAB Training Grant for $8,521 and conditions of same with authorization for Supervisor to execute sub-agreement through Paris Kirwin with Lawrence A. Pecor to provide NYS Hazardous Abatement Training services (see Resolution #7 and letter dated July 6, 2012 from Gary Brandt, Director of Personnel/HR and copy of agreement). Motion by Councilmember Christopher Werner seconded by Councilmember James Vogel that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 8 attached Authorize approval of budget appropriation to the 2012 budget for $8,521 of which funding has been awarded to the town through the NY State HAB Training Grant program (see Resolution #8 and letter dated July 16, 2012 from Suzanne Zaso, Director of Finance). Motion by Councilmember Christopher Werner seconded by Councilmember James Vogel that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 9 attached Authorization to accept FM Global Fire Prevention Grant for $2,500 awarded to the town with approval to amend the 2012 budget to accommodate funds (see Resolution #9, letter dated July 13, 2012 from Timothy Keef, P.E. Commissioner of Public Works and grant award notification dated June 26, 2012). Motion by Councilmember Jason DiPonzio seconded by Councilmember James Vogel that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 10 attached Authorize approval to accept a reduced amount in general liability insurance coverage, as approved by town insurance carrier, from a contracted arborist service provider to the town (see Resolution #10, letter dated July 13, 2012 from Timothy Keef, P.E. Commissioner of Public Works and recommendation letter to accept reduced coverage from James B. Hood, Jr., CPCU, Director Holforth Risk Management, dated July 13, 2012). Motion by Councilmember Christopher Werner seconded by Councilmember Jason DiPonzio that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 11 attached Authorize approval to modify current town Table of Organization to accommodate various departmental staffing and associated accounting adjustments (see

6 82 Resolution #11 and letter dated July 16, 2012 from Gary Brandt, Director of Personnel/HR). Motion by Councilmember James Vogel seconded by Councilmember Jason DiPonzio that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 12 attached Authorize appointment of Stuart MacKenzie as Chairperson of the Architectural Review Board for a three-year term effective immediately through December 31, 2014 (see Resolution #19). Motion by Councilmember James Vogel seconded by Councilmember Louise Novros that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 13 attached Authorize approval to amend current agreement with Pomeroy Appraisal Associates to include costs associated with additional evaluation services provided (see Resolution #13, letter dated July 5, 2012 from Elaine Ainsworth, Town Assessor and all associated documents). Motion by Councilmember Jason DiPonzio seconded by Councilmember Christopher Werner that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 14 attached Authorize Supervisor to execute agreement with Time Warner Cable Business Class to renew existing service agreement with the addition of upgraded service level bandwidth, along with approval to make an internal accounting adjustment to support this transaction (see Resolution #14, letter dated July 16, 2012 from Susan Wentworth, Coordinator of Data Processing and copy of agreement). Motion by Councilmember Christopher Werner seconded by Councilmember James Vogel that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 15 attached Authorize budget appropriation in the amount of $500 in donated funds to support purchase of products and supplies needed for the DARE program (see Resolution #15 and letter dated July 13, 2012 from Police Chief Mark Henderson). Motion by Councilmember Jason DiPonzio seconded by Councilmember Louise Novros that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 16 attached Approval to declare one (1) 2005 Ford ambulance as surplus and authorize the disposal of same via municipal auction program (see Resolution #16 and letter dated July 16, 2012 from Suzanne Zaso, Director of Finance).

7 83 Motion by Councilmember Christopher Werner seconded by Councilmember Jason DiPonzio that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 17 attached Authorize reinstatement of unused 2011 accumulated comp time of Fire Marshall Christopher Roth and authorize use of such comp time throughout calendar year Motion by Councilmember Louise Novros seconded by Councilmember Jason DiPonzio that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 18 attached Approval of appointment of Mary Ann Hussar of 112 Branchbrook Drive, Henrietta, NY as Assistant to the Supervisor effective July 30, 2012 Motion by Councilmember Louise Novros seconded by Councilmember Jason DiPonzio that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No. 19 attached MATTERS OF THE TOWN CLERK: Thanks to Abby from Monroe County Parks Dept. for facilitating Dog Park Registration at the Farmers Market July 22 MEETING ADJOURNED: Motion by Councilmember James Vogel seconded by Councilmember Jason DiPonzio to adjourn CERTIFICATION: I, Daniel Aman, 131 Elmore Road, Rochester, NY do hereby certify that the foregoing is a true and accurate record of the proceedings of the Town of Brighton, County of Monroe, State of New York, meeting held on the 25 th of July 2012 and that I recorded aforesaid minutes of the aforesaid meeting of the Town Board of the Town of Brighton, New York.

8 EXIIIBITNO. I At,a Town Board Meeting of the Town of Brighton, Monroe County, at the Brighton Town New York held Hall, 2300 E±mwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, R. LOUISE JAMES CHRISTOPHER JASON VOGEL NOVROS K. WERNER S. DIPONZIO Supervisor Councilpersons WHEREAS it is the objective and goal of the Town to provide for the health and safety of all of the Town s residents and those that live, work, travel through and spend time in the Town of Brighton, and WHEREAS the West Brighton Fire Protection District exists to provide fire protection and emergency medical services in the parts of Brighton comprising the geographic boundaries of said District, and WHEREAS the Town and the Brighton Fire District commissioned a Fire and Emergency Services Study to study the provision of fire and emergency medical services in the Town including the geographic area comprising the West Brighton Fire Protection District, funded in part by the proceeds of a Local Government Efficiency Grant from the State of New York and WHEREAS, the Town convened a steering committee, consisting of representatives from the Town, the Brighton Fire Department, the West Brighton Fire Department and Brighton Volunteer Ambulance, for the purpose of developing a request for proposals for such study, evaluating the proposals, selecting a consultant to conduct the study, and working with the selected consultant to compile the necessary information to complete the study, and Inc. WHEREAS, ( MMA ) the steering committee selected to conduct the study, and MMA Consulting Group, Brigtres

9 WHEREAS, MMA completed its Study Report, following meetings open to the public and with opportunity for input from the Brighton Fire Department, West Brighton Fire Department and Brighton Volunteer Ambulance, which report recommended that the Town contract with either the Rochester Fire Department, Henrietta Fire District or Brighton Fire District to provide services within the West Brighton Fire Protection District, arid which report was previously received and filed by the Town Board, and WHEREAS, the Study by MMA examined, among other matters, the provision of fire protection services being provided in the West Brighton Fire Protection District by the West Brighton Fire Department, and WHEREAS, following the receipt of the report, the steering committee requested proposals for fire and emergency medical services from the Rochester Fire Department, Henrietta Fire District and Brighton Fire District, and each of those entities submitted proposals, and WHEREAS, although the MMA report did not recommend a contract with the West Brighton Fire Department for services within the District, that Department did prepare a proposal, and that proposal, along with the other three proposals, was considered by the Brighton Town Board; and WHEREAS, following its review of the four proposals, the Town Board took action at a meeting held on December 28, 2011, recommending that the Town enter into an agreement with the Rochester Fire Department to provide primary fire and emergency medical services within the West Brighton Fire Protection District, and an agreement with the West Brighton Fire Department to provide additional fire and emergency medical services within such District, and WHEREAS, the West Brighton Fire Department has sent correspondence, through its attorney, indicating that it will not Brigtres

10 provide access to the Rochester Fire Department at the Fire Station on West Henrietta implement the recommendation 2011, and Road, made by as the would be West necessary to Brighton Town Board on December 28, hearing Town WHEREAS, on Board July as the Town 11, 2012 District to enter into Board duly noticed at 7:30 Commissioners of the an pm arid conducted a public for the purpose of authorizing the West Brighton Fire Protection inter-municipal agreement with the City of Rochester for the provision of fire protection services in the Brighton Fire Protection District, all of the evidence is hereby. and now, upon hearing and West considering testimony presented at said public hearing, it an RESOLVED, that the Town Board authorizes the Supervisor to sign agreement with the City of Rochester for the provision of fire protection services in the an annual initial cost to the of $750, and for and terminating an West West initial term on December 31, 2016 and Brighton Fire Protection District at Brighton Fire Protection District commencing on first year being pro rated for the period August December 31, 2012, date of any with such contract terminable plan of dissolution of the District, with such other terms approved by provisions of the Attorney to the Town Law Section and Town and West August 1, 2012 the contract price for the 1, 2012 upon through the effective Brighton Fire Protection conditions all as reviewed 184, and be consistent with the it further and RESOLVED, referred to above shall way preclude the that said contract with the City of Rochester as be Town from without prejudice to entering into a and shall not in contract with the Brighton Fire Department for supplemental fire protection emergency medical services within the District. West and West any Brighton Fire Protection Dated: July 25, 2012 Bñgtresl

11 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. Diponzio, Councilperson Voting Brigtres

12 EXHIBIT NO. 2 At a Town Board Meeting of the Town of Brighton, Monroe County New York held at f he Brighton Town Hall, 2300 Emwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, Supervisor JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Counci lpersons WHEREAS, the policy of the State of New York to promote the economic welfare and prosperity of inhabitants and to actively promote, encourage and develop economically sound commerce and industry; and it attract, its WHEREAS, the Town of Brighton, New York (the Town ) is tasked with the responsibility and burden to promote the health, safety and general welfare of the residents of the Town which includes, among other things, planning, promoting, executing and operating in cooperation with other persons and groups those programs arid projects whose primary objective is to improve the quality of for Town residents and businesses and to lessen the burdens of government and act in the public interest by preventing unemployment and economic deterioration by increasing and maintaining employment opportunities and attracting and sustaining economically sound commerce including assuring public safety as relates to economic development; and it life WHEREAS, is essential for the Town to support the operation by both for-profit and not-for--profit corporations within the Town to increase economic development and employment opportunities for residents of the Town is essential to the continued development, construction, improvement and operation of projects by for profit and not for-profit corporations, including the needs of public safety as relates to economic development; and entities it entities WHEREAS, in order to further promote the public purposes of the Town, the Town desires to form the Town of Brighton Local Development Corporation (the Corporation ) under Sections 402 and 1411 of the New York Not-For-Profit Corporation Law ( N-PCL ) for the exclusive public purposes of economic development, relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities and lessening the burdens of government and acting in the public interest and providing for public safety to encourage and promote such development and which shall have the powers, among other things to acquire real or personal property; and it BrigtresO?

13 WHEREAS, to accomplish its job creation and other economic development responsibilities and relieve the burdens related to same, arid to facilitate the ability of for profit entities and not for profit corporations to access capital for projects that enhance, create and preserve economic development and employment opportunities for residents of the Town, including assuring public safety to promote such development, the Town desires to task the Corporation with such burdens and responsibilities. NOW, THEREFORE, BE IT RESOLVED, the Town hereby authorizes and directs the formation of the Corporation and designates the Town as sole member of the Corporation acting by and through its Supervisor, ex officio, with the initial Board of Directors of the Corporation to consist of the Town Supervisor, the Town Fire Marshal and the Chairperson of the Public Safety Committee, and thereafter to consist of such other individuals as may hereafter be appointed by the Town, as sole member, with authority to exercise on the Town s behalf all lawful powers as may be deemed necessary to accomplish its public purposes including to enhance, create and preserve economic development and employment opportunities for residents of the Town, which such powers shall include, but not be limited to, those powers described in N PCL Section 1411 and the Corporation s Certificate of Incorporation. Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BrigtresO

14 EXHIBIT NO 3 At a Town Board Meeting of the Town of Brighton, Monroe County, New York held at the Brighton Town Hall, 2300 Emwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, Supervisor JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Councilpersons WHEREAS it is the objective and goal of the Town of Brighton ( Town ) to provide for the health and safety of all of the Town s residents and those that live, work, travel through and spend time in the Town of Brighton; and WHEREAS, the Town previously entered into a written agreement (the Contract ) with the West Brighton Fire Department, Inc. ( WBFD ) dated January 1, 2011 whereby the Town engaged and hired WBFD to furnish fire protection and emergency medical services within the West Brighton Fire Protection District; and WHEREAS, the term of the Contract was for the initial period January 1 December 31, 2011 and by its terms the Contract was deemed renewed for the period January 1 - December 31, 2012; and WHEREAS the Town and the Brighton Fire District previously commissioned a Fire and Emergency Services Study to study the provision of fire and emergency medical services in the Town including the geographic area comprising the West Brighton Fire Protection District, funded in part by the proceeds of a Local Government Efficiency Grant from the State of New York; and WHEREAS, the Town convened a steering committee, consisting of representatives from the Town, the Brighton Fire District, the WBFD and Brighton Volunteer Ambulance, Inc. for the purpose of developing a request for proposals for such study, evaluating the proposals, selecting BrigtresO

15 a consultant to conduct the study, and working with the selected consultant to compile the necessary information to complete the study; and WHEREAS, the steering committee selected MMA Consulting Group, Inc. ( MMA) to conduct the study; and WHEREAS, IYrMA completed its Study Report, following meetings open to the public and with opportunity for input from the Brighton Fire District, WBFD and Brighton Volunteer Iunbulance, Inc., which report recommended that the Town contract with either the Rochester Fire Department, Henrietta Fire District or Brighton Fire District to provide services within the West Brighton Fire Protection District, and which report was previously received and filed by the Town Board; and WHEREAS, the Study by MMA examined, among other matters, the provision of fire protection services being provided in the West Brighton Fire Protection District by the WBFD; and WHEREAS, following he receipt of the report, the steering committee requested proposals for fire and emergency medical services from the Rochester Fire Department, Henrietta Fire District and Brighton Fire District, and each of those agencies submitted proposals; and WHEREAS, although the MMA report did not recommend a contract with the WBFD for services within the West Brighton Fire Protection District, the WBFD did prepare a proposal, and that proposal, along with the olher three proposals, was considered by the Brighton Town Board; and WHEREAS, following its review of the four proposals, the Town Board took action at a meeting held on December 28, 2011, recommending that the Town enter into an agreement with the Rochester Fire Department to provide primary fire and emergency medical services within the West Brighton Fire Protection District, and an agreement with the WBFD to provide additional fire and emergency medical services within such District; and BngtresOl

16 WHEREAS, the WBFD has sent correspondence, through its attorney, indicating that it will not provide access to the Rochester Fire Department at the West Brighton Fire Station on West Henrietta Road, as would be necessary to implement the recommendation made by the on December 28, 2011; and Town Board WHEREAS, upon due notice a public hearing was held on July 11, 2012 on an inter-municipal agreement with the City of Rochester for fire protection and emergency medical services within the West Brighton Fire Protection District by the Rochester Fire Department ( RFD ); and the WHEREAS, Town following such public hearing, the Town Board authorized Supervisor to execute an inter-municipal agreement with the City of Rochester for the provision of fire protection services by RFD within the West Brighton Fire Protection District commencing on August 1, 2012; and WHEREAS, the Contract between the Town and WBFD specifically contemplated and the parties agreed to and acknowledged that, based on the recommendations of the MMA Study, the West Brighton Fire Protection District may be dissolved, consolidated or service may be provided within the West Brighton Fire Protection District by a third party; and WHEREAS, the Contract further provides that the Town and WBFD acknowledged and agreed that the Contract may be terminated by the Town in order to carry out such dissolution, consolidation or alternate provision of fire protection services within the West Brighton Fire Protection District; and WHEREAS, the WBFD further agreed in the Contract that, in the event that the Contract was terminated upon the Town s determination that another provider shall provide fire protection service within the West Brighton Fire Protection District, the WBFD shall promptly transfer title to all its real and personal property, it having been further acknowledged and agreed by WBFD that all such property was acquired in whole or in part with funds provided directly or indirectly by the BrigtresO

17 taxpayers of the Town, including the real property and fire station located at 2695 West Henrietta Road and on Riverside Drive, as well as all apparatus and vehicles owned by WBFD, and otherwise, and that such transfer(s) be made at or prior to the time the new service provider commences such services; and WHEREAS, the Contract with WBFD further provides that the WBFD agreed that all such real and personal property of the WBFD shall be transferred, either to the Town through the West Brighton Fire Protection District or to such not-for-profit or governmental entity as directed by the Town upon the termination of the Contract by the Town; and WHEREAS, the Contract with the WBFD further provides that the WBFD agreed to and acknowledged that a breach or threatened breach by the WBFD of such Contract provisions related to the transfer of assets, whether real or personal, shall cause the Town immediate and irreparable injury and that the WBFD consents to the issuance of injunctive relief from the Supreme Court of the State of New York upon any such breach or threatened breach; NOW, THEREFORE, IT IS RESOLVED, that Town hereby terminates the Contract between the Town and WBFD effective at 08:00 a.m. on August 1, 2012 and directs the Supervisor to provide written notice thereof to WBFD; and it is further RESOLVED, that the Supervisor is directed to take all such necessary actions to obtain those assets, whether real or personal, of the WBFD, as the Supervisor deems necessary for fire protection and emergency services within the West Brighton Fire Protection District and otherwise; that such assets be directly transferred from WBFD to the Town of Brighton Local Development Corporation for the provision of fire protection and emergency services within the West Brighton Fire Protection District by the Rochester Fire Department and otherwise, and to take all such other action or actions as may be necessary to achieve the purposes of these Resolutions including obtaining injunctive relief. BrigtresO

18 Dated: July 25, 2012 William W. Moehle, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BncesO?

19 HIGHWAY EXHIBIT NO. 4 CLAIMS FOR APPROVAL AT TOWN BOARD MEETING July 25, 2012 THAT THE CLAIMS AS SUMMARIZED BELOW HAVING BEEN APPROVED BY THE RESPECTIVE DEPARTMENT HEADS AND AUDITED BY THE TOWN BOARD AUDIT COMMITTEE ARE HEREBY APPROVED FOR PAYMENT. A-GENERAL $ 178, D - 100, L - LIBRARY 47, SF - FIRE DIST 7, SK - SIDEWALK DIST 60, SR-REFUSE DISTRIICT 65, SS - SEWER 01ST 16, TA - AGENCY TRUST 20, TOTAL $ 495, UPON ROLL CALL MOTION CARRIED APPROVED BY: SUPERVISOR COUNCIL MEMBER COUNCIL MEMBER TO THE SUPERVISOR: I CERTIFY THAT THE VOUCHERS LISTED ABOVE WERE AUDITED BY THE TOWN BOARD ON THE ABOVE DATE AND ALLOWED IN THE AMOUNTS SHOWN. YOU ARE HEREBY AUTHORIZED AND DIRECTED TO PAY TO EACH OF THE CLAIMANTS THE AMOUNT OPPOSITE HIS NAME. DATE TOWN CLERK

20 EXHIBIT NO.5 At a Town Board Meeting of the Town of Brighton, Monroe County New York, held at the Brighton Town Hail, 2300 Elrnwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Councilpersons RESOLVED, that a memorandum dated July 19, 2012 from Director of Finance, Suzanne Zaso, regarding the adoption of the Capital Improvement Plan, be received and filed, and be it further RESOLVED, that the Town Board hereby adopts the Capital Improvement Plan attached to the above referenced memorandum. Dated: July 25, 2012 William W. Moehle, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BrigtresO

21 EXHIBIT 6 At a Town Board Meeting of the Brighton, Monroe County, New York Town of 1 held at the Brighton Town Hall, 2300 Elrnwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, JAMES VOGEL NOVROS CHRISTOPHER K. JASON LOUISE R. S. DIPONZIO Supervisor WERNER Councilpersons RESOLVED, that a memorandum dated July 10, 2012 from Director of Finance, Suzanne Zaso, regarding public hearings to be scheduled and held prior to the adoption of the 2013 Special District Budgets and Town Operating Budget, be received and filed, and be it further RESOLVED, that the Town Board hereby sets public hearings for October 10, 2012 and October 24, 2012 to review and consider the 2013 Town Law Operating and Capital Improvement Budgets all pursuant to Town Section 108; and be it further RESOLVED, that the Town Clerk shall timely publish notice of the above hearings in accordance with applicable law. Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BflgtresO

22 EXI-IIBIT 7 At a Town Board Meeting of the Town of Brighton, Monroe County 4 New York, held at the Brighton Town Hail, 2300 Elmwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Counci ipersons RESOLVED, that a memorandum dated July 10, 2012 from Director of Finance, Suzanne Zaso, regarding public hearings to be scheduled and held prior to the adoption of the 2013 Special District Budgets and Town Operating Budget, be received and filed, and be it further RESOLVED, that the Town Board hereby sets public hearings for October 10, 2012 and October 24, 2012 to review and consider the Assessment Rolls for Special District Charges and Sewer Rents prior to the adoption of the 2013 Special District Budgets all pursuant to Town Law Section 239, and be it further RESOLVED, that the Town Clerk shall timely publish notice of the above hearings in accordance with applicable law. Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting OhgtresO

23 EXHIBIT 8 At a Town Board Meeting of the Town of Brighton, Monroe County, New York, held at the Brighton Town Hall, 2300 Elmwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOERLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Councilpersons RESOLVED, that a memorandum dated July 6, 2012 from Director of Personnel and Human Resources, Gary Brandt, regarding a New York State HAB grant for safety training for town employees, be received and filed, and be it further RESOLVED, that the Town Board hereby accepts the New York State HAB Grant in the amount of $8, to be used for safety training for town employees; and be it further RESOLVED, that the Town Board hereby authorizes the Supervisor to execute a sub agreement through Paris Kirwan Associates with Larry Pecor to provide such safety training to town employees as provided in the above referenced grant, said agreement to be reviewed and approved by the Attorney to the Town. Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BrigtresO

24 IXF[1BET NC). 9 At a Town Board Meeting of the Town of Brighton, Monroe County New York, held at the Brighton Town Hail, 2300 Elmwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAJ4 W. MOEHLE, Supervisor JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Councilpersons RESOLVED, that a memorandum dated July 16, 2012 from Director of Finance, Suzanne Zaso, regarding a New York State HAB grant for safety training for town employees and the necessary budget amendment and appropriation as outlined in said memorandum to facilitate said grant and expenditure, be received and filed, and be it further RESOLVED, that the Town Board hereby amends the 2012 operating budget by increasing appropriations in contracted services in the highway department (D.HWY.5l ) by the amount of $8, to be fully supported by an increase in New York State Aide (D.HWY ) in the same amount. Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BrigtresO

25 EXHIBIT 10 At a Town Board Meeting of the Town of Brighton, Monroe County New York, held at the Brighton Town Hail, 2300 Eimwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Councilpersons RESOLVED, that correspondence dated July 13, 2012 from Commissioner of Public Works, Timothy E. Keef, P.E., regarding a fire prevention grant awarded by Factory Mutual Global Insurance Company in the amount of $2, and recommended budget amendments in connection therewith, be received and filed, and be it further RESOLVED, that the Town Board hereby accepts the Factory Mutual Global Insurance Fire Prevention Grant in the amount of $2, and amends the 2012 operating budget by increasing appropriations in computer equipment line in the public works department (A.DPW ) by the amount of $2, to be fully supported by an increase in gifts and donations (A.DPW > in the same amount. Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BrigtresO

26 EXHIBIT NO. II At a Town Board Meeting of the Town of Brighton, Monroe County New York held at he Brighton Town Hail, 2300 Eimwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Councilpersons RESOLVED, that correspondence dated July 13, 2012 from Commissioner of Public Works, Timothy E. Keef, P.E., regarding insurance requirements for the contracted arborist service provider, be received and filed, and be it further RESOLVED, that the Town Board hereby approves the reduction from $3 million to $2 million for general liability coverage to be provided by Jerry Peterson under contract to provide arborist services for the Town. Dated: July 25, 2012 William W. Moehle, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BrigtresO O

27 EXHIBIT NO. 12 At a Town Board Meeting of the Town of Brighton, Monroe County, New York, held at the Brighton Town Hall, 2300 Elmwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, Supervisor JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Councilpersons RESOLVED, that a memorandum dated July 16, 2012 from Director of Personnel and Human Resources, Gary Brandt, regarding modifications to the current town Table of Organization to accommodate various department staffing and associated accounting adjustments, be and filed, and be it further received RESOLVED, that the Town Board hereby approves the modifications to the current town Table of Organization to accommodate various department staffing and associated accounting adjustments as set forth in the above referenced memorandum. Dated: July 25, 2012 William W. Moehle, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BnglresOt

28 EXI-HBITNO. 13 At a Town Brighton, at the Brighton Avenue, day 25th Board Monroe Town Town in said Meeting of the County, Hall, of Town New 2300 Emwood on of Brighton of July, York held the WILLIAM W. MOEHLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Councilpersons Board RESOLVED, that Stuart MacKenzie of 5 Drury Lane, Rochester, is hereby appointed as Chairperson of the Architectural to for a 31, 2014, which three-year term commencing immediately through reflects balance of predecessor s term. NY Review December Dated: July 25, 2012 William W. Moehle, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BrigtresO

29 EXHIBIT 14 At a Town Board Meeting of the Town of Brighton, Monroe County New York, held at the Brighton Town HaIl, 2300 Elrnwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, Supervi sor JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DTPONZIO Counci lpersons RESOLVED, that a memorandum dated July 5, 2012 from Town Assessor, Elaine Ainsworth, regarding an amendment to the Town s contract with Pomeroy Appraisal Associates for additional services at a cost of $5, relating to a certiorari matter with the Country Club of Rochester, be received and filed, and be it further RESOLVED, that the Town Board hereby authorizes the Supervisor to execute an amended agreement with Pomeroy Appraisal Associates for additional services at a cost not to exceed $5, relating to a certiorari matter with the Country Club of Rochester. Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BnglresO

30 EXHIBIT NO.15 At a Town Board Meeting of the Town of Brighton, Monroe County, New York, held at the Brighton Town Hall, 2300 Elmwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOERLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Councilpersons RESOLVED, that a memorandum dated July 16, 2012 from Coordinator of Data Processing, Susan Wentworth, regarding an agreement with Time Warner Cable Business Class to renew the existing service agreement with the addition of upgraded service level bandwith, along with approval to make an internal accounting adjustment to accommodate this transaction, be received and filed, and be it further RESOLVED, that the Town Board hereby authorizes the Supervisor to execute a three year agreement with Time Warner Cable Business Class to renew the existing service agreement with the addition of upgraded service level bandwith subject to review and approval of the agreement by the Attorney to the Town, and be it further RESOLVED, that the Town Board hereby authorizes the transfer of $ from A.FINCE to A.FINCE to cover the additional cost of said contract for the remainder of Dated: July 25, 2012 William W. Moehle, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BrigtresOl

31 EXHIBIT NO. 16 At a Town Board Meeting of the Town of Brighton, Monroe County New York, held at the Brighton Town Hail, 2300 Eimwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Councilpersons RESOLVED, that correspondence dated July 13, 2012 from Chief of Police, Mark T. Henderson, regarding a budget appropriation of $ in donated funds to support the purchase of products and supplies needed for the DARE program, be received and filed, and be it further RESOLVED, that the Town Board hereby authorizes a budget appropriation of $ in donated funds from A.POLICE to A.POLICE to support the purchase of products and supplies needed for the DARE program Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting 8ngtresO

32 EXHIBIT NO. 17 At a Town Board Meeting of the Town of Briqhton, Monroe County, New York held at he Brighton Town Hall, 2300 E±mwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Councilpersons RESOLVED, that a memorandum dated July 16, 2012 from Director of Finance, Suzanne Zaso, regarding declaring one 2005 Ford Marque ambulance, Vehicle Identification Number 1FDXE45P55HA92028 as surplus and to authorize the disposal of same via auction, be received and filed, and be it further RESOLVED, that the Town Board hereby declares one 2005 Ford Marque ambulance as surplus and authorizes the disposal of the same via auction. Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BngliesO

33 EXHIBIT NO. 18 Ata Town Board Meeting of the Town of Brighton, Monroe County, New York, held at tne Brighton Town Hali, 2300 Elmwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM N. MOEHLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Supervisor Councilpersons RESOLVED, that correspondence dated July 13, 2012 from Commissioner of Public Works, Timothy E. Keef, P.E., regarding approval to allow a particular person employed by the Town to defer his accumulated 2011 comp time through the balance of 2012, be received and filed, and be it further RESOLVED, that the Town Board hereby reinstates the unused 2011 accumulated comp time of Fire Marshall Christopher Roth and authorizes him to be allowed to use such accumulated and unused comp time from 2011 throughout calendar year Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting BrigtresO

34 C EXHIBIT NO. 19 At a Town Board Meeting of the Town of Brighton, Monroe County, New York, held at the Brighton Town Hall, 2300 Elmwood Avenue, in said Town of Brighton on the 25th day of July, WILLIAM W. MOEHLE, JAMES R. VOGEL LOUISE NOVROS CHRISTOPHER K. WERNER JASON S. DIPONZIO Sup e rvis or Councilpersons RESOLVED, that a memorandum dated July 23, 2012 from Supervisor William Moehle, regarding the appointment of a particular person as Assistant to the Supervisor, be received and filed, and be it further RESOLVED, that the Town Board hereby approves the appointment of Mary Ann Hussar of 112 Branchbrook Drive, Henrietta, New York as Assistant to the Supervisor effective July 30, Dated: July 25, 2012 William W. Moehie, Supervisor Voting James R. Vogel, Councilperson Voting Louise Novros, Councilperson Voting Christopher K. Werner, Councilperson Voting Jason S. DiPonzio, Councilperson Voting Bdgtreso