January 28, PRESENT: Supervisor Sandra Frankel Councilmember Jim Vogel Councilmember Louise Novros Councilmember Ray Tierney

Transcription

1 14 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 January 28, 2009 Supervisor Sandra Frankel Councilmember Jim Vogel Councilmember Louise Novros Councilmember Ray Tierney William Moehle Attorney for the Town Town Clerk Susan Kramarsky MEETING CALLED TO ORDER: MOTION TO GO INTO EXECUTIVE SESSION: Motion by Councilmember Louise Novros seconded by Councilmember Ray Tierney that the Town Board go into Executive Session at 6:16 P.M. to discuss matters of litigation. Motion by Councilmember Ray Tierney seconded by Councilmember Louise Novros to come out of Executive Session at 7:00 P.M. RECOGNITIONS/PRESENTATIONS: Retirement of K-9 Arik from Brighton Police Department OPEN FORUM: State ofthe Town Address Brighton Town Supervisor Sandra L. Frankel 1. Tom Griner & Richard Pifer, Dennis Keneally/University of Rochester 2. Bruce Bellwood 3. Paul Bush 4. Tim Trauch 5. AI Antonez APPROVAL OF AGENDA: Motion by Councilmember James Vogel seconded by Councilmember Louise Novros to approve the agenda with the addition of two maps submitted by the University of Rochester, and a letter from AI Antonez of Brighton Informed.

2 15 APPROVE AND FILE TOWN BOARD MEETING MINUTES FOR: December 29, 2008 January 2, 2009 Motion by Councilmember Louise Novros seconded by Councilmember James Vogel to approve and file the minutes from the December 29, 2008 and January 2, 2009 meetings. PUBLIC HEARINGS: MATTERRE: Proposed incentive zoninglrezoning for "Brickstone", a St. John's community (see Resolution; letter from Charles K. Runyon, President, CEO, St. John's, dated January 26,2009, with attachments). Thomas Palumbo, Santee Consulting for Sf. Johns Kit Pollicove Judy Schwartz, 179 Ashbourne Road Tom Low Complete transcript under separate cover 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.1 attached. MATTER RE: Authorize bid awards to Woodgate Landscaping and Lilac City Services for 2009 mowing and maintenance services in town parks (see Resolution #1; letter from Jerry LaVigne, Director of Recreation, Parks and Community Service Department, dated January , with attachment). 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.2 attached. MATTER RE: Authorize solicitation of bids for purchase of replacement ambulance and fly car by Ambulance Services Special District (see Resolution #2; memorandum from Paula A. Parker, Director of Finance, dated January 21, 2009). Motion by Councilmember Ray Tierney 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.3 attached. COMMUNICATIONS:

3 16 FROM Terence Rafferty, Time Warner Cable, dated January 22,2009, announcing their 20 th annual Time Warner Cable National Teacher Awards FROM Edmund J. Russell III, President, Brighton Memorial Board of Trustees, dated January 23, 2009, expressing gratitude to the Town Board for the selection process for a new trustee FROM Chris Mueller, Time Warner Cable, dated January 23, 2009, regarding agreements with certain programmers that are due to expire FROM Renee Casler, Planner II, Monroe County Department of Planning and Development, dated January 12, 2009, regarding amendment to Chapter 102 of Town Code for Noise FROM Michael King, Vice President of Operations, Jewish Home of Rochester, dated January 14, 2009, regarding their Compliance Program FROM Byrna Weir, dated January 14, 2009, suggesting the Town continue to require that a public hearing be held for proposed tree removal from town right of way Motion by Councilmember Louise Novros Seconded by Councilmember James Vogel COMMITTEE REPORTS: Community Services - Next meeting February 12, Finance and Administrative Services - Next meeting February 4,2009. Public Safety Services - Next meeting February 10, Public Works Services Councilmember James Vogel reported on the meeting held January 23, Next meeting February 2, OLD BUSINESS: MATTER RE: Set February 25, 2009 public hearing for proposed code amendment for noise from delivery trucks (see Resolution #14; letter from Thomas A. Low, Commissioner of Public Works/ Superintendent of Highways, dated December 11, 2008, with attachment). 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.4 attached. MATTER RE: Accept Final Environmental Impact Statement for The Reserve (see Resolution #12; letters from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated January 27,2009; and Carl Hewings, Parrone Engineering, dated January 23, 2009). 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.5 attached. NEW BUSINESS: MATTERRE: Reading and approval of claims.

4 17 Motion by Councilmember James Vogel seconded by Councilmember Louise Novros that the Supervisor read and approve payment of the claims as set forth in Exhibit No.6 attached. MArrER RE: Authorize Supervisor to execute agreement with M.E. Services Communication, Inc. for provision of language interpreting services for court in 2009, at fee of $65. per appearance (see Resolution #3; letter from Dianne W. Burdett, Administrative Court Clerk, dated January 16, 2009, with attachment). Motion by Councilmember Ray Tierney 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.7 attached. MATIERRE: Authorize Supervisor to execute agreement with Frank Scarcelli for court reporting services in 2009 at fee of $72. for first two hours/$36. for each additional hour per appearance, with transcript fee of $3.65 per page (see Resolution #4; letter from Dianne W. Burdett, Administrative Court Clerk, dated January 16, 2009, with attachment). Motion by Councilmember Ray Tierney 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.8 attached. MATIERRE: Authorize Supervisor to execute agreement with FMI Interpreting services for deaf and hearing impaired defendants in 2009 at fee of $65. per appearance (see Resolution #5; letter from Dianne W. Burdett, Administrative Court Clerk, dated January 16, 2009, with attachment). Motion by Councilmember Louise Novros 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. MATIERRE: Authorize Supervisor to execute agreement extension with Mayer Hardware for purchase of paint, hardware and miscellaneous hand tools, and with M. L. Caccamise Electric for provision of street light maintenance during 2009 (see Resolution #6; letter from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated January 15, 2009). 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. 10 attached. MATIERRE: Authorize Supervisor to execute agreements with IBM for

5 18 AS/400 support for hardware and software maintenance (see Resolution #7; memorandum from Susan Wentworth, Coordinator of Data Processing, dated January 20, 2009, with attachment). 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. 11 attached. MATTER RE: Authorize Supervisor to execute renewal agreement with Holfoth Risk Management for provision of independent risk management consulting service in 2009 at rate of $100 per hour (see Resolution #9; memorandum from Paula A. Parker, Director of Finance, dated January 12,2009; letter from James B. Hood, Jr., CPCU, Director, Holfoth Risk Management, dated November 20, 2008). 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. 12 attached. MATTERRE: Authorize Supervisor to execute agreement with Municipal Solutions, Inc. for provision of bond anticipation note and serial bond borrowing services (see Resolution #10; memorandum from Paula A. Parker, Director of Finance, dated January 21, 2009; letter from Jeffrey R. Smith, CIPFA, President, Municipal Solutions, Inc., dated January 20, 2009). 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. MATTER RE: Proposed amendment to Town Forestry Plan (see Resolution #11; memorandum from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated January 15, 2009). 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. 14 attached. MATTER RE: Authorize fund equity transfer to contribute $70,000. to the Town wide Sidewalk Capital Reserve for development of town wide sidewalk network (see Resolution #8; memorandum from Paula A. Parker, Director of Finance, dated January 21,2009). 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. 15 attached.

6 19 MATTERRE: Appointment of Blaine Jensen to the Parks, Recreation and Community Services Citizens' Advisory Board, effective immediately through June 30, 2010 (see Resolution #15). Motion by Councilmember Louise Novros 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. 16 attached. MATTERS OF THE SUPERVISOR: MArrER RE: Appointment of Jill Miller to the Budget Review Task Force. Motion by Councilmember Louise Novros seconded by Councilmember James Vogel to appoint.iill Miller to the Budget Review Task Force. MOTION TO GO INTO EXECUTIVE SESSION: Motion by Councilmember James Vogel seconded by Councilmember Louise Novros to go into Executive Session at 11 :05 P.M. to discuss he appointment of a particular person and litigation. Motion by Councilmember Ray Tierney seconded by Councilmember Louise Novros to come out of executive session at 11 :55 P.M. MEETING ADJOURNED: Motion by Councilmember Louise Novros seconded by Councilmember Ray Tierney that the Town Board adjourn at 12:00 A.M. CERTIFICATION: I, Susan Kramarsky, 79 Monteroy 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 held on the 28 th of January 2009 and that I recorded said minutes of the aforesaid meeting of the Town Board of the Town of Brighton, New York

7 At a Regular Meeting of the Town Board of the Town of Brighton, Monroe County, New York, held at the Brighton Town Hall, 2300 Elmwood Avenue, in said Town on the 28th day of January, SANDRA L. FRANKEL, Supervisor, JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA GADDIS Councilpersons WHEREAS, Albany Partners LLP ( Albany ) applied for and, on December 15, 2004 received, the incentive zoning and rezoning approval of approximately 17.3 acres situated in the Town of Brighton, bearing tax map number and described in Schedule A attached hereto (the Site );and, WuEREAs, the Town Board conducted an environmental review of the earlier application in completed accord with the requirements of the SEQRA, and adopted a Findings Statement on November 23, 2004; and WHEREAs, Albany subsequently transferred the Site to Sully s Trail Corporate Park II, LLC ( Sully s ); and,

8 WHEREAs, Sully s, and SJH Community Services, Inc. ( SJH ), D/B/A Brickstone, acting on behalf of Sullys (Sully s and SJH are sometimes collectively referred to herein as the Applicant ), submitted to the Town Board of the Town of Brighton (the Town Board ) a new Incentive Zoning and Rezoning Application, dated March 9, 2007, and subsequently amended that application by letter(s) dated April 11, 2007, September 5, 2008, January 13, 2009 and January 26, 2009 (together, the Application ), pursuant to the Incentive Zoning Ordinance and Amendment provisions of the Town Comprehensive Development Regulations ( CDR ), Chapters 209 and 225 ; and WHEREAs, Figures 1 and 2c of the Supplemental Final Environmental Impact Statement (collectively, the Plan ) and the Application calls for the development of the Site as a mixed use development of up to 102 residential units on 17.3 acres, which units will be distributed among 53 cottages, up to 9 town homes, 40 independent living apartments and commercial/retail space of approximately 10,000 SF, and which units will be served by a maintenance storage facility, trails, associated landscaping, driveways, utilities, stormwater management facilities, and parking facilities ; and WnEREA5, Sully s previously provided the following amenity to the Town of Brighton (the Town ), which the Town will continue to recognize as an amenity for the purpose of considering the Application * the donation of approximately 16.7 acres adjacent to the Site, consisting primarily of wetlands, as parkiand; and,

9 WHE1uAs, the Application contemplates that the Applicant will provide the following additional amenities to the Town of Brighton (the Town ) * the construction of a boardwalk and community nature trail across and through the donated property and provision of a permanent easement for trail linkage, public access, vehicle access and parking; * funds for the construction of a paved, multi-use trail along the western edge of the Site, and the provision of a permanent easement for vehicle access, parking, public access, the maintenance and public use thereof; * the provision of affordable housing; and, * a payment in lieu of taxes agreement. (The above amenities shall herein after be denoted, the Proposed Amenities.) Wi-IEREAS, in connection with the Application and Plan, the Town has considered granting certain incentives to the Applicant in consideration of the Proposed Amenities; and WHEREAs, on April 11, 2007, the Town Board referred the Application and Plan to the Planning Board of the Town and to the Monroe County Planning Department for their recommendations to the Town Board under the General Municipal Law of the State of New York; and WHEREAs, the Planning Board considered the Application and Plan at a public meeting held on June 20, 2007, at which public meeting presentations were made by the Applicant; and WHEREAs, the Planning Board forwarded a report with comments, dated June 20, 2007, to the Town Board; and

10 WHEREAs, on July 25, 2007, and after proper notice to all involved agencies, the Town Board adopted a resolution declaring the Town Board to be the lead agency under the New York State Environmental Quality Review Act ( SEQRA ) for this action, noting certain environmental concerns and directing the Town s environmental liaison to make the required filings; and WHEREAS upon a review of the application and suporting documentation, on July 25, 2007 the Town Board, acting as lead agency, determined that the requested action may have significant adverse environmental impacts, and directed the Applicant to prepare a draft scope of a supplemental environmental impact statement pursuant to SEQRA; and, WHEREAS the Applicant submitted a proposed scope for the Supplemental Draft Environmental Impact Statement, and the Town Board adopted a final scope on October 24, 2007; and, WHEREAS the Applicant subsequently submitted a Supplemental Draft Environmental Impact Statement ( SDEIS), dated March 6, 2008 and prepared by Stantec Consulting Services, Inc.; and, WHEREAS, after a careftil consideration and due deliberation of the SDEIS and written comments, the Town Board, on June 25, 2008 at a duly scheduled Town Board meeting and acting as lead agency, determined that the SDEIS was complete and sufficient and issued an order setting a public hearing on the Application, Plan and SDEIS; and

11 WHEREAs, the combined notice of SDEIS Completeness and of Public Hearing on the SDEIS documents were filed on July 14, 2008 with all involved agencies and interested parties, in accordance with and as such terms are defined under SEQRA, and the SDEIS was made available to the public; and W1EWREAs, the Notice of Public Hearing was duly posted and published in accordance with requirements of the Town Law of the State of New York and the CDR; and WHEREAs, a public hearing was held in accordance with the Town Law of the State of New York, SEQRA and the CDR, on Wednesday, August 13, 2008 and continued on Wednesday, January 14, 2009 and January 28, 2009, at the Brighton Town Hall, 2300 Elmwood Avenue, Rochester, New York, at which all persons having an interest in the SDEIS, the SFEIS and Application were given an opportunity to speak; and and, WHEREAS, the written comment period on the SDEIS closed on September 8, 2008; WHEREAS, following such hearing and written comment period the Town Board did review and carefully consider all oral and written comments submitted as a part of the SDEIS record, as well as the record of the relevant Town Board and Planning Board meetings on this application; and WHEREAS, the Applicant submitted a Supplemental Final Environmental Impact Statement ( SFEIS ), dated December 9, 2008 and prepared by Stantec; and WHEREAS, after a careful consideration and due deliberation of the SFEIS, the Town

12 Board, on December 10, 2008, at a duly scheduled Town Board meeting and acting as lead agency, determined that the SFEIS was complete and sufficient; and was WHEREAS, on December 16, 2008, the SFEIS was filed and a Notice of Completeness sent to all involved agencies and interested parties, in accordance with and as such terms are defined under SEQRA; and, Now Therefore, on the motion of Councilperson seconded by Councilperson it is RESOLVED, that the Town Board hereby adopts the Supplemental Findings Statement under SEQRA, in the form attached hereto as Schedule B ; and be it further RESOLVED, the the Environmental Liaison is hereby directed to file such Supplemental Findings Statement with all interested and involved agencies, as required by SEQRA. RESOLVED that the Town Board makes the following additional findings with respect to the Application: 1. The Proposal, together with the Proposed Amenities, provides public benefits, in that they will assist the Town to implement the specific physical, cultural and social policies of the Comprehensive Plan including: * * * The expansion of the Town s open space network The incorporation of open space into private development. The provision of a sound economic base for the Town which does not compromise other community goals and increases revenues realized by the Town through new development.

13 * * The provision of affordable housing as a part of new residential development. * The provision of a pedestrian and bicycle linkage. The construction of a trail system to provide additional public access to natural open space and expanded opportunities for the aesthetic appreciation of wetlands. These public benefits are sufficient to warrant the provision of the incentives described in Schedule D. 2. The Application is consistent with the Comprehensive Plan in that the Comprehensive Plan recommends the acquisition of the wetlands and wetland buffer on the Site, and recommends that affordable housing units be provided as a part of any new multifamily housing developments, and the Plan and Application satisfies both of these objectives. 3. The Application is generally consistent with the Comprehensive Plan in that the Comprehensive Plan recommends the use of the balance of the Site for Medium/High Density Residential purposes. When implemented with the Proposed Amenities, the Application and Plan results in Land uses that are generally compatible with land use patterns and intensities of use of other developments in the area. 4. The Application, when implemented together with the Proposed Amenities, will create a zoning classification compatible with existing zoning classifications of other parcels in the area. IT IS FURTHER RESOLVED, that the incentive zoning and rezoning resolution, dated December 15, 2004, the amendment to the zoning map of the Town with respect to the Site, and the rezoning of the Site, which were granted pursuant to that previous incentive zoning and rezoning resolution, are hereby rescinded and repealed ; and, IT IS FURThER RESOLVED, that the Town s Comprehensive Development Regulations are hereby amended to rezone the real property, described in Schedule A attached hereto and

14 designated as the Site as shown on the Plan, from Residential (RLB) to Residential High Density (RHD-2), to the extent set forth on schedule D, and to amend the Zoning Map of the Town accordingly; and IT Is FuRTHER RESOLVED that pursuant to the authority conferred by the Municipal Home Rule Law, Article 16 of the Town Law of the State of New York and the Comprehensive Development Regulations of the Town of Brighton, that the Proposal be and it is hereby approved to the extent set forth in Schedule D, subject to the conditions set forth in Schedule C, which conditions the Town Board deems to be of grave importance and without which this Proposal would not be approved; and IT IS FURTHER RESOLVED, that the Supervisor is authorized to execute agreements with the Applicant, and/or amendments to existing agreements, to govern the provision of affordable housing, the mitigation of environmental impacts, the payments in lieu of taxes, the improvement of Town lands to add a community nature trail and boardwalk, the monitoring and maintenance of the wetlands, wetland buffers and vernal pools, and such other agreements as may be necessary to implement the intent of this resolution, all of which agreements shall be in form as approved by the Town Attorney; and IT IS FURTHER RESOLVED, that the Supervisor is authorized to execute, to receive and to file easements as described in this resolution, and to release one or more easements both previously granted to the Town on the Site and to be replaced by a new easement; and be it further RESOLVED, that this Resolution shall take effect upon due publication and posting thereof as required by law. Upon roll call vote, the vote was as follows:

15 Sandra L. Frankel James R. Vogel 1 Raymond J. Tierney 1111 ye.. Louise Novros Sheila A. Gaddis The Resolution was thereupon declared Dated: Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilwoman Sheila A. Gaddis, Councilwoman c \wpdara\izresbridgestone 1/28/09 Members of the Town Board of Brighton, New York, Monroe County

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17 EXHIBIT NO.2 At a Town Board Meeting of the Town of Brighton, Monroe county New York held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that correspondence dated January from Jerry LaVigne, Director of Parks and Recreation, concerning the award of bids for mowing and landscaping services at Town parks, neighborhood parks owned by the Town and cul-de-sacs, be received and filed together with attachments thereto; and be it further RESOLVED, that bids for landscaping and mowing of various Town park and cul-de-sac properties be awarded on the terms and to the bidders as set forth in the above correspondence. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

18 EXHIBIT NO.3 At a Town Board Meeting of the Town of Brighton, Monroe county New York held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that a memorandum dated January from Paula A. Parker, Finance Director, concerning the solicitation of bids for a replacement ambulance and fly car, be received and filed; and be it further RESOLVED, that the Town Board hereby authorizes the Finance Director to solicit bids for the purchase of a replacement ambulance and fly car by the Brighton Ambulance Services Special District. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

19 EXHIDITNO.4 At Briqhton, a Town Monroe Board Meeting county of the Town of i New YOrk held at the BrightQn Town Ha 1, 2300 E i mwood Avgpue, in sald Town of Brighton on the 28 day of January, SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons. On motion of Councilperson, seconded by Councilperson, it is ORDERED, that correspondence dated December 11, 2008 from Thomas A. Low, Commissioner of Public Works, concerning a proposed Local Law concerning noise generated by delivery trucks near residences during late night hours, be received and filed, together with the text of the proposed Law, and be it further ORDERED, that pursuant to Article 3 of the Municipal Home Rule Law of the State of New York, a public hearing on a proposed Local Law of 2009 entitled "Late Night Deliveries Noise Abatement Local Law of 2009@, in the form presented to this meeting, be held by the Town Board of the Town of Brighton on the 25 th day of February, 2009, at 7:30 o'clock PM, prevailing time, at the Brighton Town Hall, 2300 Elmwood Avenue, in said Town to consider the proposed Local Law and the environmental impact thereof, and to hear all persons interested therein and to take such action as may be proper, and it is further ORDERED, that Notice of the time and place of such hearing, describing the purpose of said Local Law be published and posted by the Town Clerk pursuant to Law. Dated: January 28, 2008 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

20 EXHffiITNO.5 At a Town Board Meeting of the Town of Brighton, Monroe county New York held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that correspondence dated January 27, 2009 from Thomas A. Low, Commissioner of Public Works, concerning the public and environmental review of the proposed Incentive Zoning and Rezoning for "The Reserve"; Final Environmental Impact Statement, together with correspondence dated January 23, 2009 from Karl Hewing of Parrone Engineering, and the Final Environmental Impact Statement for "The Reserve" dated January 26, 2009, be received and filed; and be it further RESOLVED, that the Town Board hereby conditionally accepts the Final Environmental Impact Statement as being an adequate and accurate description of the potential environmental impacts of and mitigation measured to be incorporated in the proposed project, conditioned upon the amendment thereof to add on page 20 in the second row of table 6 ("Affordable Housing Program") a sentence to read; "The Town does not accept the program, as offered, as an adequate response to the affordable housing goals of the Comprehensive Plan"; and be it further RESOLVED, that the Town Board hereby directs Ramsey Boehner, Environmental Liaison, to publish and distribute the Final Environmental Impact Statement, as so modified, as required by SEQRA regulations, noting that written comments on the Final Environmental Impact Statement will be received through February 17, 2009 at 5:00 p.m.; and be it further Brigtres

21 EXHIBIT NO.6 CLAIMS FOR APPROVAL AT TOWN BOARD MEETING January 28, 2009 THAT THE CLAIMS AS SUMMARIZED BELOW HAVING BEEN APPROVED BY THE RESPECTIVE DEPARTMENT HEADS AND AUDITED BY THE TOWN BOARD AUDIT COMMIITEE ARE HEREBY APPROVED FOR PAYMENT. A - GENERAL $ 1,053, D- HIGHWAY 78, H - CAPITAL 27, L - LIBRARY 44, SA - AMBULANCE DIST 2.85 SD - DRAINAGE DIST SF - FIRE DIST 3, SL - LIGHTING DIST 20, SN-NEIGHBORHOOD DIST SR - REFUSE DIST 37, SS - SEWER DIST 22, TA - AGENCY TRUST 25, TOTAL $ 1,313, 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

22 EXHIBIT NO. 7 At Brighton, a Town Monroe Board Meeting county of the Town of i New YOrk held at the Brighton Town Ha 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that correspondence dated January 16, 2009 from Dianne w. Burdett, Administrative Court Clerk of the Town of Brighton Justice Court, concerning an agreement for language interpreting services for the Justice Court,, together with an attachment thereto, be received and filed; and be it further RESOLVED, that the Supervisor is hereby authorized to execute and deliver an agreement by and between the Town and ME Communication, Services Inc. for language interpretation services to the Town Justice Court, upon the terms and conditions set forth in the proposed agreement attached to the above correspondence. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

23 EXHIBIT NO. 8 At a Town Board Meeting of the Town of Brighton, Monroe county New YOrk held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that correspondence dated January 16, 2009 from Dianne w. Burdett, Administrative Court Clerk of the Town of Brighton Justice Court, concerning an agreement for court reporting services for the Justice Court, filed; and be it further RESOLVED, together with an attachment thereto, be received and that the Supervisor is hereby authorized to execute and deliver an agreement by and between the Town and Frank Scarcelli for court reporting services to the Town Justice Court, upon the terms and conditions set forth in the proposed agreement attached to the above correspondence. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

24 EXHIBIT NO.9 At a Town Board Meeting of the Town of Brighton, Monroe county New York held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that correspondence dated January 16, 2009 from Dianne w. Burdett, Administrative Court Clerk of the Town of Brighton Justice Court, concerning an agreement for court interpreting services for deaf and hearing impaired parties in the Justice Court, together with an attachment thereto, be received and filed; and be it further RESOLVED, that the Supervisor is hereby authorized to execute and deliver an agreement by and between the Town and FMI Interpreting Services, Inc. for court interpreting services for deaf and hearing impaired parties in the Town Justice Court, upon the terms and conditions set forth in the proposed agreement attached to the above correspondence. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

25 EXHIBIT NO. 10 At a Town Board Meeting of the Town of Brighton, Monroe county New York held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that correspondence dated January 15, 2009 from Thomas A. Low, Commissioner of Public Works, concerning the renewal of agreements for the purchase of paint, hardware and miscellaneous tools, and for maintenance to Town street lighting, be received and filed; and be it further RESOLVED, that the Supervisor is hereby authorized to execute and deliver an extension for calendar year 2009 to an existing agreement by and between the Town and Mayer Paint and Hardware for the purchase of paint, hardware and miscellaneous hand tools, and an extension for calendar year 2009 to an existing agreement by and between the Town and M.L. Caccamise Electric, for the repair of town street lighting, in each case upon the terms and conditions in effect during Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

26 EXHIBIT NO. 11 At a Town Board Meeting of the Town of Brighton, Monroe county New YOrk held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that a memorandum dated January 20, 2009 from Susan Wentworth, Coordinator of Data Processing, concerning maintenance agreements for the AS/400 hardware and software, together with attachments thereto, be received and filed; and be it further RESOLVED, that the Supervisor is hereby authorized to execute and deliver agreements by and between the Town and International Business Machines Incorporated, for hardware and software maintenance for the To~n's AS/400computer server, upon the terms and conditions as may be approved by the Attorney for the Town. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

27 EXHIBIT NO. 12 At a Town Board Meeting of the Town of Brighton, Monroe county New York held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that a memorandum dated January 12, 2009 from Paula A. Parker, Finance Director, concerning the renewal of an agreement with Holfoth Risk Management for independent risk management services, be received and filed, together with correspondence dated November 20, 2008 from James B. Hood, Jr., CPCU, Director, Holfoth Risk Management, be received and filed; and be it further RESOLVED, that the Town Board hereby authorizes the Supervisor to execute and deliver an agreement by and between the Town and Holfoth Risk Management, a division of Aldrich & Cox, Inc., for risk management services during 2009, at an hourly rate of $100 per hour, which agreement shall be in form and substance as may be approved by the Attorney for the Town. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

28 EXHIBIT NO. 13 At a Town Board Meeting of the Town of Brighton, Monroe county New York held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that a memorandum dated January 21, 2009 from Paula A. Parker, Finance Director, together with correspondence dated January 20, 2009 from Jeffrey R. Smith, CIPFA, President, Municipal Solutions, Inc., both concerning an agreement by and between the Town and Municipal Solutions, Inc. for financial advising and bonding services, be received and filed; and be it further RESOLVED, that the Town Board hereby authorizes the Supervisor to execute and deliver an agreement by and between the Town and Municipal Solutions Inc., for financial advising and bonding services, which agreement shall be in form and substance as may be approved by the Attorney for the Town. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

29 EXHIBIT NO. 14 At a Town Board Meeting of the Town of Brighton, Monroe county New York held at the Brighton Town Hai 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that a memorandum dated January 15, 2009 from Thomas A. Low, Commissioner of Public Works, concerning a possible amendment to the Town Tree Law, be received and filed; and be it further RESOLVED, that the Town Board hereby refers the proposed revision to the Town Tree Law to the Tree Council for its advisory report. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

30 EXHIBIT NO. 15 At a Brighton, Town Monroe Board Meeting county of the Town of i New York held at the Brighton Town Ha 1, 2300 E i mwood Avenue, in said Town of Brighton on the 28th day of January SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA A. GADDIS Councilpersons RESOLVED, that a memorandum dated January 21/ 2009 from Paula A. Parker, Finance Director, concerning the 2008 Contribution to the Townwide Sidewalk Capital Reserve Fund, be received and filed; and be it further RESOLVED, that the Town Board hereby authorizes a fund equity transfer of $70,000 to the Townwide Sidewalk Capital Reserve (Account A.878.SWALK), for the purpose of financing the development of the townwide sidewalk network. Dated: January 28, 2009 Sandra L. Frankel, Supervisor James R. Vogel, Councilman Raymond J. Tierney III, Councilman Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

31 EXHIBIT NO. 16 At a Town Board Meeting of the Town of Brighton, Monroe County, New York, held at the Brighton Town Hall, in said Town of Brighton on the 28 th day of January 2009 SANDRA L. FRANKEL, Supervisor JAMES R. VOGEL, RAYMOND J. TIERNEY III, LOUISE NOVROS, SHEILA GADDIS, Councilpersons RESOLVED, that Blaine Jensen be and hereby is appointed to the Town of Brighton Parks, Recreation and Community Services Citizens' Advisory Board for a term effective immediately through June 30,2010 Dated: January 28, 2009 SANDRA FRANKEL JAMES R. VOGEL, RAYMOND J. TIERNEY III LOUISE NOVROS SHEILA GADDIS _