TOWN BOARD MINUTES
January 17, 2006

Posted 02/08/2006


Proceedings of a regular meeting of the Pittsford Town Board held on Tuesday, January 17, 2006 at 7:00 P.M. local time in Pittsford Town Hall.

PRESENT
Supervisor William A. Carpenter and Councilpersons Sandra F. Zutes, John J. Higgins, Jr., and John E. Bernacki, Jr.

ABSENT
Karen W. Green

ALSO PRESENT
Staff Members: Paul J. Schenkel, Commissioner of Public Works; Gregory J. Duane, Finance Director; Paul W. Wilson, Director of Recreation & Technology; Patricia E. Chuhta, Town Clerk.

ATTENDANCE
Thirty-eight members of the public were in attendance.

Supervisor Carpenter called the meeting to order at 7:00 P.M. and invited the Scouts from Troop 167 in the audience to lead those present in the Pledge of Allegiance.

PUBLIC COMMENTS
There were no public comments.

PUBLIC HEARING: PROPOSED LOCAL LAW 1 OF 2006: ALTERNATIVE VETERANS PROPERTY TAX EXEMPTION LAW
The Supervisor verified publication of a legal notice for this public hearing and then opened the hearing for public comments. He noted that this local law would amend an existing law and would increase the maximum tax exemption allowance for Veterans.
There being no public comments, Supervisor Carpenter closed the public hearing.

PROPOSED LOCAL LAW 1 OF 2006: ALTERNATIVE VETERANS PROPERTY TAX EXEMPTION LAW APPROVED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Zutes,
RESOLVED, that Local Law No. 1 of 2006: Alternative Veterans Property Tax Exemption Law, be adopted by the Town Board of the Town of Pittsford, New York, to read as annexed hereto as Attachment A; and it was further
RESOLVED, that within twenty (20) days subsequent to the 17th day of January 2006, there shall be filed with the Secretary of State one certified copy of said Local Law No. 1 of 2006.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

PUBLIC HEARING: PITTSFORD SEWER DISTRICT EXTENSION 72 (LANDS OF 510, 530, 540 AND 560 CLOVER HILLS DRIVE)
After verification of publication of a legal notice, Supervisor Carpenter indicated that this public hearing is being held to hear comments regarding a four-lot sewer district extension that is being considered at the request of the property owners. He noted that the owners would bear the cost of the extension and then opened the hearing to public comments.
As there were no speakers, the Supervisor closed the hearing.

SEQRA PROCEEDINGS: PITTSFORD SEWER DISTRICT EXTENSION 72 (LANDS OF 510, 530, 540 AND 560 CLOVER HILLS DRIVE)
The following Resolution was offered by Councilman Higgins, and seconded by Councilman Bernacki,
RESOLVED FIRST, that, the Board of Commissioners of Pittsford Sewer District hereby declares its intention to act as lead agency in proceedings under the State Environmental Quality Review Act (SEQRA), and it is further,
RESOLVED SECOND, that the Board determines to conduct an uncoordinated agency review, and it is further
RESOLVED THIRD, that the Board determines that the construction of a sanitary sewer system for residences located at 510, 530, 540, and 560 Clover Hills Drive, in the Town of Pittsford, New York, providing for the necessary financing and installation by the current owners, connection of the sewers to the Town Sewer System and that of the Irondequoit Bay Pure Waters District, and any approvals of such actions by the Town Board are unlisted actions, and it is further,
RESOLVED FOURTH, that this Board finds that no Environmental Impact Statement needs to be prepared, and it is further
RESOLVED FIFTH, that this Board determines that the actions of the installation of sewers, together with the funding thereof by the current owners, the connection of such sewers to the sewer systems of this Sewer District and of the Irondequoit Bay Pure Waters System, as well as any approvals by the Town Board merit a negative declaration based upon the following findings:

  1. That the soils on the subject properties are inappropriate for on-site sewage disposal system.
  2. The installation of a sanitary sewer would provide a permanent solution to sewage disposal.
  3. That the temporary disturbance of the surface and sub-surface soils for the anticipated construction will not unduly disturb the surface or sub-surface of the earth and upon restoration, will reflect a condition equal to or better than the present condition of such construction areas.
  4. The statements made in the EAF are accurate and valid.

ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

PITTSFORD SEWER DISTRICT EXTENSION 72 (LANDS OF 510, 530, 540 AND 560 CLOVER HILLS DRIVE) APPROVED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilwoman Zutes,
RESOLVED AND ORDERED, that

  1. The Petition is signed and acknowledged or approved as required by law and is otherwise sufficient;
  2. All the property and property owners within the proposed extension of said District are benefited thereby;
  3. All the property and property owners benefited are included within the limits of the proposed Extension; and
  4. It is in the public interest to grant in whole the relief sought;

and it is further
RESOLVED AND ORDERED, that Extension 72 to Pittsford Sewer District, be and the same hereby is created, and that the boundaries of said Extension, as herein created, are as set forth in Exhibit "A" annexed hereto, and is further set forth on the map annexed hereto as Exhibit "B", and that the sewer system to be installed in said Extension as described in the Petition and depicted on the map shall be constructed in compliance with the District's standards and regulations. (See Attachment B.)
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

PUBLIC HEARING: PROPOSED ESTABLISHMENT OF THE AUTUMN WOODS SUBDIVSION PARK DISTRICT
Upon verification of publication of a legal notice, Supervisor Carpenter noted that over 50% of the property owners in this subdivision signed a petition to create the proposed park district and that all of the property owner's will bear the district costs. Supervisor Carpenter then opened the public hearing for public comments.
Two residents in the Autumn Woods subdivision questioned the Town Board members about Town plans for the town-owned land, maintenance issues, future costs, mowing issues, and what happens in 2007 when the park district is added to the tax bills and the subdivision is not built out.
As there were no further speakers, the Supervisor closed the hearing.

AUTUMN WOODS SUBDIVISION PARK DISTRICT APPROVED
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Bernacki,
RESOLVED AND ORDERED, that:

  1. The Petition is signed and acknowledged or approved as required by law and is otherwise sufficient;
  2. All the property and property owners within the District are benefited thereby;
  3. All the property and property owners benefited are included within the limits of the District;
  4. The expenses of Maintenance of the District are to be paid by the property owners annually on an ad valorem basis; and
  5. It is in the public interest to grant in whole the relief sought; and it is further

RESOLVED AND ORDERED, that the "Autumn Woods Park District", be and the same hereby is created, and that the boundaries of the Park District, as hereby created, are as set forth in "Exhibit A" annexed hereto, and as further set forth on the map annexed hereto as "Exhibit B", with the maintenance of such Park District, by the Town, to be in accordance with the Maintenance Schedule annexed hereto as "Exhibit C"; and it is further
RESOLVED AND ORDERED, that the Town Board of the Town of Pittsford does hereby consent that the lands to be maintained in the aforesaid Park district, located in the Town of Pittsford, Monroe County, New York, as are set forth on "Exhibit B" annexed hereto, be accepted in dedication. (See Attachment C.)
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

SUPERVISOR'S COMMENTS
Supervisor Carpenter welcomed the members of Boy Scout Troop 167, their leaders, and their families to the meeting. He noted that these Scouts are working on their Citizenship in the Community Merit Badge.

MINUTES OF JANUARY 3 2006 APPROVED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilman Higgins,
RESOLVED, that the minutes of January 3, 2006 Town Board meeting are approved as written.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

VOUCHERS FOR JANUARY 2006 APPROVED
The following Resolution was offered by Councilman Higgins, and seconded by Councilwoman Zutes,
RESOLVED, the January 2006 vouchers No. 70941 through No. 71122 in the amount of $221,961.24 are approved for payment.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

JANUARY 2006 BUDGET TRANSFERS AND AMENDMENTS APPROVED
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Bernacki,
RESOLVED, that line item 002-8020-4404-18-1 (Planning - Consultants) is increased by $20,000.00. The source of these funds will be a $10,000.00 grant form NYS Department of State, $2,000.00, from the Village of Pittsford and a transfer from the Part-Town Contingency of $8,000.00. These funds will be used to complete the Erie canal LWRP. Be it
FURTHER RESOLVED that the Director of Finance make the appropriate budget entries.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

BID AWARD: RECREATION BROCHURE CONTRACT
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Bernacki,
RESOLVED, that the Town Board awards the printing of the Recreation Brochure Bid Contract to Penny Lane Printing as they were the lowest responsible bidder.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

2006 FEE SCHEDULE APPROVED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilman Higgins,
RESOLVED, that the Town Board approves the 2006 Fee Schedule as per Attachment D.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared

BID DATE SET: YARD DEBRIS BAGGED, BUNDLED AND CONTAINERIZED YARD DEBRIS
The following Resolution was offered by Councilman Higgins, and seconded by Councilwoman Zutes,
RESOLVED, that the Town Board sets a bid opening date of February 23, 2006 at 11:00 A.M. in the Department of Public Works for the pick up of Bagged, Bundled and Containerized Yard Debris contract.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

HIGHWAY DEDICATION ACCEPTED: LANCASTER RISE
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Bernacki,
RESOLVED, that the Town Board does hereby consent that a public highway, to be known as "Lancaster Rise" (.22 miles), in the Town of Pittsford, Monroe County, New York be laid out in said Town of Pittsford, more particularly described as set forth on Schedule "A" annexed hereto, and the Town Superintendent of Highways is authorized to make an order laying out the lands described in said dedication; and it is further
RESOLVED, that the Town Board does hereby consent that the lands comprising the aforesaid public highway be accepted in dedication as per Attachment E.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

DISCUSSION: RESIDENTIAL PROPERTY ISSUES
Based upon a number of resident inquiries, the Town Board discussed the issue of the number of vehicles allowed in a driveway and the parking of motor homes in front of homes. Noting that they need to balance owner's rights and property value issues, the Town Board will benchmark with other towns to see how these issues are being handled before re-visiting this issue at a later date.

DISCUSSION: PROPOSED AMENDMENTS TO HISTORIC PRESERVATION COMMISSION CODE
The Town Board discussed a recommendation submitted by the Attorney to the Historic Preservation Commission that would help clarify Historic Preservation Commission regulations. It was noted that the members of the Historic Preservation Commission have reviewed these proposed amendments and they have reached a consensus. Supervisor Carpenter said that the Town Board would move forward within the next month on these recommendations.

2006 AGREEMENT WITH MONROE COUNTY YOUTH BUREAU AUTHORIZED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilwoman Zutes,
RESOLVED, that the Supervisor is authorized to sign a contract with Monroe County Youth Bureau to participate in the Comprehensive Youth Services Planning in Monroe County in 2006.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

RAYMOND F. WAGER, CPA, PC AUDITING SERVICES FOR FISCAL YEAR 2005 APPROVED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilman Higgins,
RESOLVED, that the Supervisor is authorized to sign a contract with Raymond F. Wager, CPA, PC for an audit of the fiscal year ending December 31, 2005 at a price not to exceed $18,925.00.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

LWRP (Local Waterfront Revitalization Program) GRANT CONTRACT AUTHORIZED
The following Resolution was offered by Councilman Higgins, and seconded by Councilman Bernacki,
RESOLVED, that the Supervisor is authorized to sign a contract with the State of New York Department of State for $10,000.00 in grant funds for the Erie Canal LWRP.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

LWRP (Local Waterfront Revitalization Program) PLANNING SERVICES WITH BEHAN PLANNING ASSOCIATES AUTHORIZED
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Higgins,
RESOLVED, that the Supervisor is authorized to enter into an agreement with Behan Planning Associates for work associated with the Erie Canal LWRP for a cost not to exceed $20,000.00.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

THREE-YEAR FIRE, SECURITY AND TROUBLE ALARM MONITORING CONTRACT AUTHORIZED
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Higgins,
RESOLVED, that the Town Board accepts the recommendation of the Commissioner of Public Works and authorizes the Supervisor to sign the contract agreement for the three-year Fire, Security, and Trouble Alarm Monitoring contract with Spronz Security at a cost not to exceed $3,060.00 per year or $9,180.00 for the years 2006-2008.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

AMENDATORY ALL SEASONS WORK AGREEMENT WITH MONROE COUNTY AUTHORIZED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Zutes,
RESOLVED, that the Town Board authorizes the Supervisor to execute the Amended All Seasons Town Work Agreement with Monroe County Department of Transportation for a one-year period from January 1, 2006 to December 31, 2006.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

AGREEMENTS FOR FIBER OPTICS (WAN) AND UPDATE OF TOWN TELEPHONE SYSTEM AUTHORIZED
The following Resolution was offered by Councilman Higgins, and seconded by Councilwoman Zutes,
RESOLVED, that the Town Board authorizes the Town Supervisor to sign, on behalf of the Town, an Agreement with CampbellNet Solutions for the purchase and installation of a new telephone system for an amount not to exceed $92,559.00; and, be it Further
RESOLVED, that the Town Board authorizes the Town Supervisor to sign, on behalf of the Town, a five (5) year lease agreement with Frontier Communications of Rochester, Inc. CampbellNet Solutions for the installation and use of a fiber-optic network between Town buildings for an amount not to exceed $69,440.85, with a monthly maintenance charge of $429.52; and, be it Further
RESOLVED, that the Town Board authorizes the Town Supervisor to sign, on behalf of the Town, an Agreement with PC Communications for the re-wiring work necessary for the installation of the new telephone/data network in an amount not to exceed $18,645.00; and, be it Further
RESOLVED, that all of the above mentioned agreements are subject to final review and approval by the Town Attorney.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

EXECUTIVE SESSION CALLED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilman Bernacki,
RESOLVED, that the Town Board will go into executive session to discuss a personnel issue.
ROLL CALL VOTE: Ayes, Zutes, Higgins, Bernacki and Carpenter. Nays, none. Declared carried.

This portion of the meeting was adjourned at 7:51 P.M.

Respectfully submitted,

Patricia E. Chuhta
Town Clerk


THE OFFICIAL BOARD MINUTES ALONG WITH ATTACHMENTS, IF ANY, ARE ON FILE IN THE TOWN CLERK'S OFFICE, LOCATED IN THE PITTSFORD TOWN HALL, 11 S. MAIN STREET, AND ARE AVAILABLE FOR REVIEW DURING REGULAR BUSINESS HOURS OF 9:00 A.M. TO 5:00 P.M. WEEKDAYS.

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