November 12, William Moehle Attorney for the Town. Town Clerk Susan Kramarsky

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1 161 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 November 25, 2008 Sandra Frankel Councilmember Sheila Gaddis Councilmember Louise Novros Councilmember Ray Tierney William Moehle Attorney for the Town Town Clerk Susan Kramarsky APPROVAL OF AGENDA: Motion by Councilmember Sheila Gaddis seconded by Councilmember Ray Tierney that the Town Board approve the agenda. APPROVE AND FILE TOWN BOARD MEETING MINUTES FOR: November 12, 2008 Motion by Councilmember Ray Tierney seconded by Councilmember Sheila Gaddis that the Town Board approve and file the Town Board meeting minutes for November 12, PUBLIC HEARINGS: MATTER RE: Proposed "Second 2008 Technical Code Amendments a Local Law" (see Resolution #11). Motion by Councilmember Sheila Gaddis seconded by Councilmember Ray Tierney 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 award of $24,494. to Premier Sign Systems, LLC, for repainting banners and brackets along Monroe Avenue (see Resolution #1; letter from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated November 18, 2008, with attachment).

2 162 Motion by Councilmember Sheila Gaddis seconded by Councilmember Ray Tierney 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 rejection of bids for grinding of brush and wood wastes (see Resolution #2; letter from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated November 13, 2008). Motion by Councilmember Sheila Gaddis seconded by Councilmember Ray Tierney that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No.3 attached. MOTION LlNANIMOUSLY CARRIED COMMUNICATIONS: FROM Norma Barg requesting that the town budget continue to support the senior bus service FROM Julie and Bill Capossere, dated November 17, 2008, and Frankel's response, regarding continued support for the Brighton Farmers' Market FROM Marilyn Graver, dated November 15, 2008, expressing thanks that the Open Swim program will continue FROM Carol Roberts and family, dated November 16, 2008, and Frankel's response, regarding continued support of the Brighton Farmers' Market FROM Liesel Schwarz, dated November 15, 2008, and Frankel's response, regarding Liesel's interest in the Brighton Farmers' Market FROM Yvonne M. Villareale, dated November 15, 2008, and Frankel's response, regarding continued support of the Brighton Farmers' Market FROM Allie C. Peed,", dated November 12, 2008, to Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, commenting on what a great job the Town's leaf pick up crew did in her neighborhood FROM Patrick J. McGrath, dated November 5,2008, advising that the Grace Community Services project at 305 Hibiscus is on hold by OMRDD due to budget issues FROM Jennifer Ahrens, dated November 19, 2008, thanking Frankel for participating in a recent program FROM Kevin C. Bush, Regional Design Engineer, New York State Department of Transportation, dated November 17, 2008, regarding Route 590 pavement rehab between Blossom Road and Norton Street FROM Robert Morrison, Director City of Rochester Water Bureau, dated November 17, 2008, regarding the Water Pipeline Improvement Project for South Clinton Avenue Motion by Councilmember Sheila Gaddis seconded by Councilmember Louise Novros to receive and file the aforementioned communications.

3 163 COMMITTEE REPORTS: Councilmember Louise Novros reported on the Community Services meeting of November 20, The next meeting will be held on December 4, Councilmember Sheila Gaddis reported on the Finance and Administrative Services meeting of November 18, The next meeting will be held on December 3, Councilmember Ray Tierney reported on the Public Safety Services meeting of November 18, The next meeting will be held on December 9,2008. Public Works Services - no report given. The next meeting will be held on December 8,2008. NEW BUSINESS: MATTER RE: Reading and approval of claims. Motion by Councilmember Sheila Gaddis seconded by Councilmember Ray Tierney that the read and approve payment of the claims as set forth on Exhibit NO.4 attached. MATTER RE: Authorize to execute the 2009 dental rate renewal agreement with Excellus BlueCross BlueShield (see Resolution #3; memorandum from Paula A. Parker, Director of Finance, dated November 18, 2008, with attachment). Motion by Councilmember Sheila Gaddis 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. MATTER RE: Authorize to declare certain Cable Department fixed assets as junk and dispose of as same, and to declare other certain Cable Department fixed assets as having remaining value and be disposed of at auction (see Resolution #4; memorandums from Douglas Clapp, Communications Director, dated November 17, 2008, with attachments). Motion by Councilmember Sheila Gaddis 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. MATTER RE: Authorize acceptance of New York State Power Authority Energy Efficiency Projects grant and seek amendment to project description (see Resolution #5; letter from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated November 14, 2008). Motion by Councilmember Sheila Gaddis 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.7 attached.

4 164 MATTER RE: Set January 14,2009 public hearing for proposed code amendments to Volume I, Chapter 175, Section ("tree removal") (see Resolution #9; letter from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated November 17, 2008; and Conservation Board/Tree Council Report, dated November 14, 2008). Motion by Councilmember Ray Tierney seconded by Councilmember Sheila Gaddis that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit No.8 attached. MAnER RE: Approve proposed 2009 holiday schedule for Town of Brighton non-represented full-time and qualifying part-time permanent Town personnel (see Resolution #6). Motion by Councilmember Louise Novros seconded by Councilmember Sheila Gaddis that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit NO.9 attached. MAnER RE: Proposed code amendment to Volume I, Chapter 102, Section 3.B (noise from delivery trucks) (see Resolution #8; Planning Board Advisory Report, dated November 24, 2008). Motion by Councilmember Louise Novros seconded by Councilmember Sheila Gaddis that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth in Exhibit NO.1 0 attached. MAnER RE: Set December 29,2008 public hearing for revision of sewer rents for 2009 (see Resolution #10; memorandum from Paula A. Parker, Director of Finance, dated November 20, 2008). Motion by Councilmember Sheila Gaddis 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. MArrERS OF THE TOWN CLERK: MAnER RE: Approve Official Undertaking for the Collection of Taxes (see Resolution #7; letter from Susan Kramarsky, Town Clerk, dated November 19,2008). Motion by Councilmember Sheila Gaddis 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.

5 165 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 9:00 PM to discuss matters of real estate. Motion by Councilmember Sheila Gaddis seconded by Councilmember Ray Tierney to come out of Executive session at 9:55 PM. MEETING ADJOllRNED: Motion by Councilmember Ray Tierney seconded by Councilmember Louise Novros that the Town Board adjourn at 10:00 PM 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 25 th day of November, 2008 and that I recorded said minutes of the aforesaid meeting of the Town Board of the Town of Brighton, New York. Susan Kramarsky, Town Clerk

6 EXHIBIT NO. I 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 25 t ': day of November, SANDRA L. FRANKEL, JAJ1ES R. VOGEL Councilpersons WHEREAS, the Town Board duly scheduled a Public Hearing to be held on the 25th day of November, 200B, at 7: 30 P.M., prevailing time, to consider the adoption of a proposed Local Law of 2008 entitled "200B Second Technical Code Amendments Local Law" for the Town of Brighton, Monroe County, New York, and the environmental impact thereof; and WHEREAS, such public hearing was duly called and held and all persons having an interest in the matter having had an opportunity to be heard; and WHEREAS, based on the testimony at such public hearing, and the materials received in the public record thereof, the Town Board hereby determines that the proposed Local Law will not have a material impact on the environment and further deems it necessary and advisable to adopt the proposed Local Law. NOW, THEREFORE, on ~otion of Councilperson seconded by Ccuncilperson Britres

7 BE IT RESOLVED, that the To~m Board hereby receives, files and adopts the Negative Declaration under the State Environmental Quality Review Act with respect to the proposed Local Law; and BE IT RESOLVED, that the Tmm Board of the Tmm of Brighton, pursuant to the provisions of Article 3 of the Municipal Home Rule Law of the State of New York, hereby adopts the Local Law of 2008 entitled "2008 Technical Code A.mendments Local Law", attached hereto as Exhibit "A", for the Town of Brighton, Monroe County, New York; and BE IT RESOLVED, that the Town Board hereby directs the Town Clerk to cause the Local Law to be filed with the Department of State. Sandra L. frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Members of the Town Board of Brighton, New York, Monroe County Britres

8 EXHIBIT NO.2 At a Town Board Meeting of the Town of Brighton, Monroe county New YOrk held at the Brighton Town Ha i 1, 2300 E i mwood Avenue, in said Town of Brighton on the 25th day of November, SANDRA L. FRANKEL, JAMES R. VOGEL Councilpersons RESOLVED, that correspondence dated November 18, 2008 from Thomas A. Low, Commissioner of Public Works, concerning the award of a bid to furnish metal banners on Monroe Avenue, be received and filed, together with an attachment thereto; and be it further RESOLVED, that the Town Board hereby awards the bid for alternate *1 for the above-referenced work to the sole responsive and responsible bidder, Premier Sign Systems, LLC, in the unit price of $662 per banner and a total cost of $24,494. Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Briglres

9 EXHIBIT NO.3 At a Town Board Meeting of the Town of Brighton, Monroe county New York held at the Brighton Town Ha i 1, 2300 E i mwood Avenue, in said Town of Brighton on the 25th day of November, SANDRA L. FRANKEL, JAMES R. VOGEL Councilpersons RESOLVED, that correspondence dated November 13, 2008 from Thomas A. Low, Commissioner of Public Works, concerning bids for the grinding of brush and wood wastes in November 2008, be received and filed, together with an attachment thereto; and be it further RESOLVED, that the Town reject all bids for the grinding of brush and wood wastes during November 2008., and instead directs that Niagara Generation, LLC, be permitted to remove and grind such wastes at no cost to the Town during November Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

10 EXHIBIT NO.4 CLAIMS FOR APPROVAL AT TOWN BOARD MEETING November 25, 2008 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 $ 183, D - HIGHWAY 48, H - CAPITAL 9, L - LIBRARY SL - LIGHTING DIST 18, SS - SEWER DIST 48, TA - AGENCY TRUST 14, TOTAL $ 357, 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

11 EXHIBIT NO.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 25th day of November, SANDRA L. FRANKEL, JAMES R. VOGEL Councilpersons RESOLVED, that a memorandum dated November 18, 2008 from Paula A. Parker, Director of Finance, concerning 2009 dental rates, be received and filed, together with an attachment thereto; and be it further RESOLVED, that the is hereby authorized to execute and deliver an agreement by and between the Town and Excellus BlueCross BlueShield for the Town's Self-Insured Dental Program during 2009, at the rates set forth in the above memorandum. Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

12 EXHIBIT NO.6 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 25th day of November, SANDRA L. FRANKEL, JAMES R. VOGEL Councilpersons RESOLVED, that two memoranda, both from Douglas Clapp, Director of Communications, dated November 17, 2008, concerning the disposal of certain fixed assets, be received and filed, together with an attachments to each such memoranda thereto; and be it further RESOLVED, that the Town Board hereby declares the items listed in the attachment to the memorandum recommending items to be disposed of as junk, to be surplus and directs that they be disposed of as junk; and be it further RESOLVED, that the Town Board hereby declares the items listed in the attachment to the memorandum recommending items to be sold at auction, to be surplus and directs that they be sold at auction. Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

13 EXHIBIT NO.7 At a Town Board Meeting of the Town of Brighton, Monroe CountY New York, held at the Brighton Town Hai 1, 2300 Elmwood Avenue, in said Town of Brighton on the 25th day of November, SANDRA L. FRANKEL, JAMES R. VOGEL Councilpersons RESOLVED, that correspondence dated November 14, 2008 from Thomas A. Low, Commissioner of Public Works, concerning a grant from the New York State Power Authority for energy efficiency projects, be received and filed, together with a proposed Agreement attached thereto; and be it further RESOLVED, that the Commissioner of Public Works as authorized to seek an amendment to the project description and the grant to delete the replacement of Town Hall windows and instead add certain lighting improvements; and be it further RESOLVED, that the is hereby authorized to execute and deliver the Agreement in substantially the form presented hereto, with the proposed amendments, together with any other and further documents or agreements necessary in connection with the administration of the grant. Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres11,25,08-5

14 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 25th day of November SANDRA L. FRANKEL, JAMES R. VOGEL Councilpersons RESOLVED, that correspondence dated November 17,2008 from Thomas A. Low, Commissioner of Public Works, and correspondence dated November 14, 2008, from Rick DiStefano, Secretary Tree Council/ Conservation Board, both concerning a proposed amendment to Chapter 175 of the Town Code, be received and filed; and be it further RESOLVED, 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 2008 entitled "2008 Tree Law Amendments" in the form presented to this meeting, be held by the Town Board of the Town of Brighton on the 14 th day of January, 2008 at 7:30 o'clock P.M. 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 in the purpose of said Local Law, be published and posted by the Town Clerk, pursuant to Law. Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson voting Brigtresll

15 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 25th day of November, SANDRA L. FRANKEL, JAMES R. VOGEL Councilpersons RESOLVED, that the Town Board hereby approves the Holiday Schedule for Town of Brighton non-represented full-time and qualifying part-time permanent Town personnel in the form attached hereto. Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres

16 PROPOSED 2009 HOLIDAY SCHEDULE Listed below are the proposed 2009 holidays to be observed as paid holidays for nonrepresented full-time and qualifying part-time permanent Town personnel: 1. New Year's Day Thursday, January 1st. 2. Martin Luther King, Jr. Day Monday, January 19 th 3. Presidents' Day Monday, February 16 th 4. Spring Holiday Friday, April 10 th 5. Memorial Day Monday, May 25 th 6. Independence Day Friday, July 3 rd 7. Labor Day Monday, September 7 th 8. Veterans' Day Wednesday, November 11 th 9. Thanksgiving Day Thursday, November 26 th 10. Day-After Thanksgiving Friday, November 27 th 11. Winter Holiday Friday, December 25 th 12. Day-Before Winter Holiday Thursday, December 24th (In lieu of Floating Holiday) The Chief of Police and the Commissioner of Public Works (with regard to Highway/Sewer Department personnel) have the discretion to alter the holiday schedule to better meet the work schedule demands of their departments. The floating holiday may be used on a day mutually agreed to by the employee and his/her supervisor. The floating holiday must be used within the calendar year.

17 EXHIBIT NO.10 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 November SANDRA L. FRANKEL, JAMES R. VOGEL Councilpersons RESOLVED, that a Planning Board Advisory Report, dated November 24, 2008,concerning a proposed amendment to Chapter 102 of the Town Code, be received and filed. Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson voting Brigtres11,25,08-8

18 EXHIBIT NO. 11 SANDRA L. 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 November, FRANKEL, JAMES R. VOGEL Councilpersons. RESOLVED, that a memorandum dated November 20, 2008 from Paula A. Parker, Director of Finance, concerning Sewer Rents for 2009, be received and filed together with an attachment thereto; and be it further RESOLVED, that the Town Board hereby proposes an Ordinance setting Sewer Rent charges for 2009 pursuant to Chapter 147 of the Town Code as set forth in Exhibit A attached hereto; and be it further RESOLVED, that the Town Board hereby schedules a public hearing to consider such Ordinance on December 29, 2008 at noon, at Brighton Town Hall, 2300 Elmwood Avenue in the Town of Brighton, at which time all persons having an interest therein will have an opportunity to be heard; and be it further RESOLVED, that the Town Clerk is hereby directed to publish'and post a notice of such public hearing as required by law. Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis Brigtres

19 ORDINANCE I. Section of the Town Code is hereby amended in its entirety to read as follows: Annua1 Rents Until hereafter changed by ordinance or local law adopted by the Town Board, annual sewer rents are hereby established and imposed as follows: 1. For the Consolidated Sewer District, the Capital Charge per unit will be $ and the Operation and Maintenance Charge per unit will be $ ; 2. For Sewer District 87A, the Operation and Mainterumce Charge per unit will be $ ; 3. For Consolidated Sewer District Extension #67, the Capital Charge portion based on assessed value will be $ , the CapitaI Charge portion based on units will be $ , and the Operation and Maintenance Charge per unit will be $ ; 4. For the Western Drive Area Sanitary Sewer District, the Capital Charge portion based on assessed value will be $ , the Capital Charge portion based on units will be $ and the Operation and Maintenance Charge based on units will be $ II. This Ordinance shall take effect as of January 1, Brigtres

20 BRiGhTON TOWN OF BRIGHTON PAULA A. PARKER, Director of Finance 2300 ELMWOOD AVENUE ROCHESTER, NEW YORK (585) x 5210 Fax (585) MEMORANDUM To: From: Date: Subject: 'y The Honorable Town Board (1 Paula A. Parker, Director of FinanceY November 20, 2008 Revision of Sewer Rents (as Stated in the Town Code) for 2009 (Set Public Hearing for December 29 th, 2008) Now that the 2009 Operating and Capital Budgets of the Consolidated Sewer District, Sewer District 87A, Sewer District Extension #67, and the Western Drive Area Sanitary Sewer District have been adopted by the Town Board, we must amend the Schedule of Sewer Rents provided in Section of the Town Code. In this regard, I recommend the Town Board schedule a Public Hearing on changes to the Sewer Rent charges and that, subsequent to the hearing, the Town Code be amended to reflect the new schedule of charges to be effective January 1,2009. Based on the Adopted 2009 Budget, and the number of capital and operation and maintenance (O&M) units as determined by the assessment roll for each of the respective sewer districts, the schedule of charges for 2009 is as follows: For the Consolidated Sewer District, the Capital Charge per unit will be $ and the O&M Charge per unit will be $ ; For Sewer District 87A, the O&M Charge per unit will be $ ; For Consolidated Sewer District Extension #67, the Capital Charge portion based on assessed value will be $ , the Capital Charge portion based on units will be $ , and the O&M Charge also based on units will be $ , and For the Western Drive Area Sanitary Sewer District, the Capital Charge portion based on assessed value will be $ , the Capital Charge portion based on units will be $ , and the O&M Charge also based on units will be $ , A resolution of the Town Board contemplating the scheduling of the required Public Hearing will be prepared for your consideration by the Attorney to the Town. We would be happy to respond to any questions that members of the Committee or other members of the Town Board may have regarding this matter. Copy to: S. Frankel, T. Low, S. Kramarsky, and W. Moehle

21 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 25th day of November, SANDRA L. FRANKEL, JAMES R. VOGEL Councilpersons RESOLVED, that correspondence dated November 19, 2008 from Susan Kramarsky, Town Clerk and Receiver of Taxes, concerning the official undertaking for the collection of taxes in 2009, be received and filed, together with attachments thereto; and be it further RESOLVED, that the Town Board hereby approves the policy represented by the attached certificate of insurance as the Official Undertaking for the Collection of Taxes for 2009 and directs that it be filed with this resolution as required by law. Sandra L. Frankel, Louise Novros, Councilperson Sheila A. Gaddis, Councilperson Brigtres