Supervisor Sandra Frankel Councilmember James Vogel Councilmember Ray Tierney Councilmember Sherry Kraus Councilmember Louise Novros

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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 March 28, 2007 PRESENT: Supervisor Sandra Frankel Councilmember James Vogel Councilmember Ray Tierney Councilmember Sherry Kraus Councilmember Louise Novros William Moehle Attorney for the Town Town Clerk Susan Kramarsky MEETING CALLED TO ORDER: 6:10 PM MOTION TO GO INTO EXECUTIVE SESSION: To discuss employment of particular people Town Board go into Executive Session at 6:00 PM to discuss employment of particular people. RECOGNITIONS/PRESENTATIONS: Brighton Volunteer Ambulance 20 Years of Service Retirement of Richard Yohonn from Brighton Highway Department NEW BUSINESS: Approve promotion of Police Sgt. John Mallaber to the rank of Police Lieutenant, effective March 31, 2007 (see Resolution; letter from Thomas M. Voelkl, Chief of Police, dated March 15, 2007). 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 on Exhibit No. 1 Approve promotion of Police Officer Stephen Hunt to the rank of Sergeant, effective March 31, 2007 (see Resolution; letter from Thomas M. Voelkl, Chief of Police, dated March 15, 2007). 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 on Exhibit No. 2

OPEN FORUM: APPROVAL OF AGENDA: Swearing-In Ceremony for Brighton Police Lieutenant John Mallaber Swearing-In Ceremony for Brighton Police Sergeant Stephen Hunt Revaluation Update -- Elaine Ainsworth, Brighton Assessor Tom Solomon Nancy Braiman Vanessa Buckland Sandra Brewer Tom Stephens Town Board approve the agenda with the addition of communication from Tom Stephens. APPROVE AND FILE TOWN BOARD MEETING MINUTES FOR: March 14, 2007 Town Board approve and file the Town Board meeting minutes of March 14, 2007. BIDS: Authorize bid award to Property Maintenance Company for trail maintenance services at Buckland and Town Parks (see Resolution; letter from Jerry LaVigne, Director of Recreation, Parks and Community Service Department, dated March 14, 2007). Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 3 Authorize $7,880 bid award to Kreider Masonry, Inc., for installation of a wood burning insert in the east end fireplace at the Town Park (see Resolution; letter from Jerry LaVigne, Director of Recreation, Parks and Community Service Department, dated March 15, 2007). Motion by Councilmember Louise Novros seconded by Councilmember Sherry Kraus that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 4 Authorize bid, in unit prices with total not exceeding $158,845, to Sicilia

Construction of Lancaster, NY for 2007 sidewalk repair (see Resolution; letter from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated March 21, 2007). Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 5 COMMUNICATIONS: FROM Tom Stephens COMIDA Incentives for Brighton Lodging Associates. FROM Thomas M. Voelkl, Chief of Police, Brighton Police Department, 2006 Annual Report FROM Chris L. Mueller, Manager, Government Affairs, Time Warner Cable, dated March 21, 2007, enclosing information regarding franchise agreement with the Town of Brighton FROM Dan and Rick Rene, Bagel Bin Café, dated March 16, 2007, regarding their Community Story Project FROM West Brighton Fire Department, Inc., Report to the Town, March 2007 FROM Michael J. Townsend, Esq., advising of April 24, 2007, 6:30 Public Hearing at Brighton Town Hall regarding County of Monroe Industrial Development Agency application from Brighton Lodging Associates, LLC for 797 East Henrietta Road FROM Monte Levine, dated March 27, 2007, commenting on Town s proposed amendments to single family zoning FROM Richard Yohonn, dated March 26, 2007, regarding his retirement from the Brighton Highway Department Motion by Councilmember Sherry Kraus seconded by Councilmember Louise Novros that the Town Board receive and file the foregoing communications. COMMITTEE REPORTS: Councilmember Louise Novros reported on the Community Services Committee meeting of March 22, 2007. The next meeting will be April 19, 2007. Councilmember Sherry Kraus reported on the Finance and Administrative Services Committee meeting of March 21,2007. The next meeting will be April 4, 2007. There has been no meeting of the Public Safety Committee since the last Town Board meeting. The next meeting will be April 10, 2007. There has been no meeting of the Public Works Committee since the last Town Board meeting. The next meeting will be April 2, 2007. OLD BUSINESS: Application for Hardship Waiver to Single Family Zoning Update Limited Moratorium for property at 245 Ambassador Drive (see Resolution; letters from Peter J. Ronchetti, M.D., Judy Schwartz; Sally Rabinowitz).

Motion by Councilmember James Vogel seconded by Councilmember Ray Tierney that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 6 UPON ROLL CALL THE FOLLOWING VOTE WAS RECORDED: Councilmember James Vogel Councilmember Ray Tierney Councilmember Sherry Kraus Councilmember Louise Novros Supervisor Sandra Frankel aye aye aye no aye MOTION CARRIED Refer to Planning Board proposed amendments to Incentive Zoning Resolution for Park Place /St. John s Meadows Expansion Project (see Resolution; letters from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated March 23, 2007, with attachment; Charles K. Runyon, President/CEO, St. John s Senior Communities, dated March 19, 2007, with attachments). Matter held for future meeting. Authorize out of District Sewer Use Agreement with Penfield (see Resolution; letter from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated March 26, 2007, with attachment) Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 7 Set April 25, 2007 Public Hearing for proposed code amendments for wood-fire boilers (see Resolution; letter from Thomas A. Low, Commissioner of Public Works/ Superintendent of Highways, dated March 23, 2007; Ramsey A. Boehner, Executive Secretary, Planning Board, dated March 21, 2007). Motion by Councilmember James Vogel seconded by Councilmember Ray Tierney that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 8 NEW BUSINESS: Reading and approval of claims Supervisor read and approve payment of the claims as set forth on Exhibit No. 9 Authorize conditional offer of employment as police officer to Shaun A. Houseman, effective April 14, 2007 with 78 week probationary period (see Resolution; letter from Thomas M. Voelkl, Chief of Police, dated March 16, 2007).

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 on Exhibit No. 10 Declare surplus Police Department copier and authorize disposal by online auction service (see Resolution; letter from Thomas M. Voelkl, Chief of Police, dated March 15, 2007). 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 on Exhibit No. 11 Approve permanent, probationary appointment of Peter Springer to fulltime position of Road Foreman, effective April 9, 2007 with six month probationary period (see Resolution; letters from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated March 9, 2007 and Peter Springer, dated February 19, 2007). Motion by Councilmember James Vogel seconded by Councilmember Ray Tierney that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 12 Authorize certain highway department equipment be declared surplus and disposed of at Roy Tietsworth, Inc. municipal auction in May and October 2007 (see Resolution; letter from Jay Jeffries, Deputy Highway Superintendent, dated March 19, 2007). Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 13 Authorize amendment to 2007 Operating Budget to appropriate $16,747 of New York State Local Government Records Management Improvement Fund grant funds for design, production and launch of on-line document based, interactive curriculum (see Resolution; memorandum from Daniel JP Goebert, Acting Director of Finance, dated March 20, 2007, with attachments). Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 14 Set April 25, 2007 Public Hearing for proposed removal of 60 silver maple tree at 40 Elwell Drive, 32 silver maple tree at 2150 Monroe Avenue and 32 silver maple tree at 109 Monroe Parkway (see Resolution; letter from Thomas A. Low, Commissioner of Public Works/Superintendent of Highways, dated March 15, 2007, with attachments).

Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 15 Authorize Supervisor to execute revised intermunicipal agreement with Monroe County Energy Aggregation Group (see Resolution; letter from Kevin M. Finnerty, Purchasing Manager, Monroe County Purchasing and Central Services, dated March 1, 2007, with attachment). Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 16 Request waiver for training requirements for Planning and Zoning Board members appointed prior to 2007 (see Resolution; letters from Ramsey A. Boehner, Executive Secretary, Planning Board, dated March 21, 2007; Zoning Board of Appeals, dated March 9, 2007). Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 17 Authorize Supervisor to execute Erie Canal Greenway Grant Program contract with New York State Canal Corporation (see Resolution; letter from Carmella R. Mantello, Director, New York State Canal Corporation, dated March 12, 2007, 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 on Exhibit No. 18 Appointment to the Brighton Memorial Library Board of Trustees (see Resolution) 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 on Exhibit No. 19 Authorize Supervisor to execute contracts with William Johnson for review of SEQR documents for wireless applications at Pinnacle Hill (see Resolution; letter from Thomas A. Low, Commissioner of Public Works/ Superintendent of Highways, dated March 23, 2007). Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 20

Approve addition of five hours per week to the twenty hour position held by permanent part-time clerk, Mary Kellenberger-Warax (see Resolution; letter from Judith P. Davies, Administrative Court Clerk, dated March 28, 2007). Motion by Councilmember Ray Tierney seconded by Councilmember Sherry Kraus that the Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 21 Authorize payment of additional compensation to Daniel JP Goebert, as Acting Finance Director (see Resolution; correspondence from Gary Brandt, Director of Personnel, dated March 28, 2007). Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 22 USA Patriot Act (see Resolution) Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 23 Authorize appointment of Paula A. Parker to position of Finance Director, effective April 30, 2007, and amend the Town s salary schedule to reinstate the position of Finance Director to Group C (see Resolution; letter from Sandra L. Frankel, Supervisor, dated March 28, 2007). Town Board adopt the resolution as prepared by the Attorney for the Town as set forth on Exhibit No. 24 MATTERS OF THE TOWN CLERK: Removal of Brighton Fire House #3 as an election polling place (see letter from Susan Kramarsky, Town Clerk, dated March 26, 2007). Town Board receive and file letter from Susan Kramarsky, Town Clerk regarding removal of Brighton Fire House #3 as an election polling place. See Exhibit No. 25. ADJOURNMENT: Town Board adjourn at 10:15 PM.

UPON ROLLCALL VOTE CARRIED MOTION UNANIMOUSLY CERTIFICATION: I, Susan Kramarsky, 79 Monteroy Road, Rochester, New York, 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 28th day of March, 2007 and I recorded said minutes of the aforesaid meeting of the Town Board of the Town of Brighton, New York. Susan Kramarsky, Town Clerk