TOWN BOARD MINUTES
June 03, 2008

Posted 06/19/08

Proceedings of a regular meeting of the Pittsford Town Board held on Tuesday, June 3, 2008 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; Richard T. Williams II, Town Attorney; Patricia E. Chuhta, Town Clerk. The following staff members were also in attendance: Julie House, Personnel Director; Flo Dorsey, and Dorothy Watson.

ATTENDANCE:
Eight members of the public were in attendance.

Supervisor Carpenter called the meeting to order at 7:00 P.M. and invited everyone to stand for the Pledge of Allegiance.

PUBLIC COMMENTS
There were no public comments.

PUBLIC HEARING: PROPOSED LOCAL LAW #2 OF 2008, AMENDING SECTION 79-4 OF CHAPTER 79 OF THE TOWN OF PITTSFORD MUNICIPAL CODE ENTITLED ELECTRICAL STANDARDS
After verification of proof of publication, Supervisor Carpenter opened the public hearing to public comments on the proposed addition of the Middle Inspection Agency to the list of electrical inspectors authorized to perform electrical inspections in the town of Pittsford.

There being no public comments, the public hearing was closed.

LOCAL LAW #2 OF 2008: AMENDING SECTION 79-4 OF CHAPTER 79 OF THE TOWN OF PITTSFORD MUNICIPAL CODE ENTITLED ELECTRICAL STANDARDS APPROVED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilwoman Zutes,
RESOLVED, that the enactment of Local Law #2 of 2008, amending Section 79-4 of Chapter 79 of Town Code so as to add "Middle Department Inspection Agency" to the list of approved electrical inspectors, is hereby approved as set for in the proposed written Adoption Resolution.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

The amendment to Town Code Section 79-4 of Chapter 79 resulting from the approval of Local Law #2 of 2008 is as follows:

§ 79-4. Qualified electrical inspectors.

The New York Board of Fire Underwriters, Commonwealth Electrical Inspection Services, Inc., and Middle Department Inspection Agency, by their officers and employees, are hereby designated as the only qualified electrical inspectors in the Town of Pittsford for all installations referred to in § 79-1 of this chapter.

PUBLIC HEARING: PROPOSED MODIFICATION OF TOBEY PUD PARCEL 12
Supervisor Carpenter discussed the three items that are being requested in the modification application for Parcel 12 in the Tobey PUD: (1) allow up to a 4' encroachment on to the property to the south of Parcel 12, (2) continue to base the allowable density calculations on a parcel size of .74 acres, not withstanding a DOT condemnation of .07 acres for highway purposes and (3) allow a 2' increase in the existing 30' building height limitation.

Charles F. Ryan, President of Ryan Homes, Inc. briefly discussed his request to amend the Tobey PUD Resolution for this parcel.

Supervisor Carpenter then opened the public hearing to public comments.

There being no public comments, the public hearing was closed.

SEQR RESOLUTION FOR MODIFICATION OF TOBEY PUD PARCEL 12 APPROVED
The following Resolution was offered by Councilman Higgins, and seconded by Councilman Bernacki,
RESOLVED, that the Pittsford Town Board, upon consideration of all written and oral submissions, public comment, comment from appropriate agencies, as well as the Short Form Environmental Assessment Form, and upon having given this matter due deliberation and consideration, finds that the proposed modifications to the Tobey Planned Unit Development will have no significant adverse impact on the environment; and be it further
RESOLVED, that the Town Board issues a Negative Declaration of Environmental Significance in this matter.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

TOBEY PUD PARCEL 12 AMENDMENT AUTHORIZED
The following Resolution was offered by Councilwoman Zutes and seconded by Supervisor Carpenter,
RESOLVED, that the Resolution of the Town Board controlling the Tobey Planned Unit Development is amended, as follows:
"Parcel 12 (SBL: 163.02-1-22/23) Residential Office

(Parcel added by Resolution dated July 16, 1996).

Uses: Single family detached residential use shall continue on this parcel. As alternatives, a bed and breakfast facility in the existing residential structure or non-medical office use may be established. No more than 7,400 square feet of gross floor area may be constructed. An encroachment of the building on to the parcel to the south shall be permitted, to a maximum of 4'. The maximum building height shall be 32'. In addition, any modifications or additions to existing structures shall be designed to maintain the architectural integrity and residential character of the parcel.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

SUPERVISOR'S COMMENTS
Supervisor Carpenter commended Jessie Hollenbeck and Recreation Department staff for great job they did on the Pittsford Triathlon on June 1st. He noted that this year's Triathlon was very successful and that there were three hundred seven participants this year, up from two hundred seventy-five in 2007. Supervisor Carpenter also said that the Town had a nice partnership with Buffalo punter Brian Moorman and his Punt Foundation Fund Raiser that was also held on Sunday, June 1st.

MINUTES OF MAY 20, 2008 APPROVED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Zutes,
RESOLVED, that the minutes of May 20, 2008 Town Board meeting are approved as written.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

RESOLUTIONS OF COMMENDATION: BOY SCOUT TROOP 129 APPROVED
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Higgins,
RESOLVED, the Town Board of the Town of Pittsford commends Benjamin Brewer, Liam Michener, and Andrew Nitschke of Boy Scout Troop 129 on successfully completing the requirements for the Eagle Scout Award, the most prestigious award the Boy Scouts can bestow upon a young man.  It is further
RESOLVED, that special greetings are extended to Benjamin Brewer, Liam Michener, and Andrew Nitschke on the receipt of their Eagle Scout Awards before family, friends, and fellow scouts which took place on June 1, 2008.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

RESOLUTIONS OF COMMENDATION: BOY SCOUT TROOP 167 EAGLE SCOUTS APPROVED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilman Bernacki,
RESOLVED, the Town Board of the Town of Pittsford commends Jubin Matoubieh, Taylor Scott and Jesse Duane of Boy Scout Troop 167 on successfully completing the requirements for the Eagle Scout Award, the most prestigious award the Boy Scouts can bestow upon a young man.  It is further
RESOLVED, that special greetings are extended to Jubin Matoubieh, Taylor Scott, and Jesse Duane on June 15, 2008 the occasion of their receipt of the Eagle Scout Award before their family, friends and fellow scouts.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

DEFERRED COMPENSATION MODEL PLAN AMENDMENTS ADOPTED
The following Resolution was offered by Councilman Higgins, and seconded by Councilwoman Zutes,
RESOLVED, that the Town of Pittsford adopts the amendments to the Town of Pittsford Model Plan for Deferred Compensation.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

AMENDMENT TO TRAFFIC CONTROL DEVICE INVENTORY AUTHORIZED
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Bernacki,
RESOLVED, that the Town Board amends the Traffic Control Device Inventory to include the addition of two (2) STOP signs on Cranston Road at the intersection of Bromley Road.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

KNICKERBOCKER ROAD FINAL DESIGN SERVICES AUTHORIZED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Zutes,
RESOLVED, that the Town Board authorizes MRB Group and Erdman Anthony to complete final design for the Knickerbocker Road Capital Project for an amount not to exceed $18,500.00 and $48,500.00 respectively for a combined total not to exceed $67,000.00.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

DISCUSSION: PROPOSED NUTRITION CENTER
Supervisor Carpenter said that after the nutrition center closed in East Rochester Monroe County approached Pittsford to explore the option of opening a nutrition center in the Pittsford Senior Citizen Center. Supervisor Carpenter also indicated that some renovations would be necessary to the Senior Center and the County has offered to fund the cost to bring the kitchen up to code.

Supervisor Carpenter said that Pittsford Seniors were polled to get their opinion and level of interest; and, that it has been proposed that the center begin by serving two meals per week with a suggested donation of $2.50 per meal for Seniors over the age of 60 and $4.00 per meal for those under the age of 60. He said that a menu would be printed in advance and that meals would have to be pre-ordered. In addition, Nutritionists will come out and discuss nutrition issues with Seniors.

Supervisor Carpenter noted that Monroe County Legislator Anthony Daniele aided in brining this program to Pittsford. Mr. Daniele, who attended the Town Board meeting, said that he felt that the Nutrition Center will be a benefit for our Seniors and that the County appreciates our efforts.

The Town Board expressed their support of the Nutrition Center and Supervisor Carpenter will contact the County to begin the contract process.

DISCUSSION: PROPOSED KILBOURN PLACE INCENTIVE ZONING AMENDMENT 3500-3524 EAST AVENUE
The representatives for the developers for the proposed Kilbourn Place, Kilbourn Place Associates, requested that the Town Board consider an amendment to the current zoning of the properties at 3500-3524 East Avenue to allow for the construction of a forty-nine unit town home community. It was noted that informational meetings have already been held with neighbors to discuss the proposed development.

PUBLIC HEARING SET: KILBOURN PLACE INCENTIVE ZONING AMENDMENT 3500-3524 EAST AVENUE
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilman Bernacki,
RESOLVED, that a public hearing be held on July 1, 2008, at 7:00 P.M., Local Time, at the Town Hall, 11 South Main Street, Pittsford, New York, on the proposed amendment to the Incentive Zoning Resolution for 3500 - 3524 East Avenue; and it was further
RESOLVED, that the Planning Board is hereby requested to review the materials submitted by the applicant and provide to this Board written recommendations as to this matter, at or prior to the above public hearing date; and be it further
RESOLVED, that a Notice of Hearing be published in a newspaper previously designated as an official newspaper for publication of public notices, not less than five (5) nor more than twenty (20) days prior to said hearing; and be it further
RESOLVED, that the Town Clerk shall post a certified copy of this resolution or a summary thereof, on the bulletin board, maintained by the Town Clerk pursuant to § 30(6) of the Town Law, for a period of not less than five (5) nor more than twenty (20) days prior to said public hearing.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

NOTE: This public hearing is being held to hear public comments relative to a request to modify the Incentive Zoning Resolution approved by the Town Board on September 7, 1999 relating to the property located at 3500-3424 East Avenue.

PUBLIC HEARING SET: PROPOSED LOCAL LAW #3 OF 2008 - AMENDING ARTICLE X, ENTITLED "COMMERCIAL DISTRICT", OF CHAPTER 185 OF THE TOWN OF PITTSFORD MUNICIPAL CODE
The following Resolution was offered by Councilman Bernacki, and seconded by Councilman Higgins,
RESOLVED, that a public hearing be held on the 17th day of June, 2008, at 7:00 P.M., Local Time, at the Town Hall, 11 South Main Street, Pittsford, New York, on the question of the adoption of said proposed Local Law No. 3 of 2008; an be it further
RESOLVED, that a Notice of Hearing and a copy of said proposed Local Law 3 of 2008, or a summary thereof, be published in a newspaper previously designated as an official newspaper for publication of public notices, not less than five (5) days prior to said hearing; and be it further
RESOLVED, that the Town Clerk shall post certified copies of both this resolution and said proposed Local Law No. 3 of 2008, or a summary thereof, on the bulletin board, maintained by the Town Clerk pursuant to § 40(6) of the Town Law, for a period of not less than five (5) days prior to said public hearing.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

The change to Town Code Article X of Chapter 185 that would result from the approval of Local Law #3 of 2008 is as follows:

§ 185-40. Permitted uses.
The following uses are permitted:

1. Retail store.
2. Personal service establishment.
3. Specialty commercial school for drama, dance, music, martial arts or similar skills.
4. Business and professional office.
5. Financial institution.
6. Printing and photocopy.
7. Accessory uses and structures customarily accessory and incidental to a principal use.
8. Health club.
9. Indoor active recreation.

APPOINTMENT OF STEVE MOORE TO LIBRARY BOARD OF TRUSTEES AUTHORIZED
The following Resolution was offered by Councilman Bernacki, and seconded by Supervisor Carpenter,
RESOLVED, that the Pittsford Town Board appoints Steve Moore to the Library Board of Trustees for the Town of Pittsford, whose term of appointment will be retroactive to begin on January 1, 2008 and end on December 31, 2012.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Bernacki and Carpenter. Nays: none. Resolution declared carried.

SEMINAR ATTENDANCE AUTHORIZED
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Bernacki,
RESOLVED, that the following individuals are approved to attend the following seminar and/or conference:

• DPW employees Marty Brewster, Jamie Hodock, Ed Starowicz and Doug DeRue to the 2008 Stormwater Update and Redevelopment Design Workshop in the Greece Town Hall on June 18, 2008 at a cost of $20.00 each.

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

Respectfully submitted,