TOWN BOARD MINUTES
April 01, 2008

Posted 05/15/2008

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

ABSENT:
There were no Town Board members absent.

ALSO PRESENT:
Staff Members: Paul J. Schenkel, Commissioner of Public Works; Paul W. Wilson, Director of Recreation & Technology; Richard T. Williams II, Town Attorney; Patricia E. Chuhta, Town Clerk.

ATTENDANCE:
Nineteen members of the public were in attendance.

Supervisor Carpenter called the meeting to order at 7:00 P.M. and invited members of Boy Scout Pack 341 to lead the Pledge of Allegiance.

RESOLUTION OF COMMENDATIOIN: MEMBERS OF BOY SCOUT TROOP #341
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilwoman Green,
RESOLVED, that the Town Board of the Town of Pittsford recognizes the members of Boy Scout Troop #341 who are attending this evening's meeting as part of their Citizenship Badge and for their interest in their local government.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

PUBLIC COMMENTS
There was a request to look into an issue regarding the trees along the pathway in the Chatham Woods Sec. F subdivision, specifically in the area of Devonwood Lane.

SUPERVISOR'S COMMENTS
There were no Supervisor's comments.

MINUTES OF MARCH 18, 2008 APPROVED
The following Resolution was offered by Councilwoman Green, and seconded by Councilman Bernacki,
RESOLVED, that the minutes of March 18, 2008 Town Board meeting are approved as written.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

RESOLUTION OF COMMENDATION: BOY SCOUT TROOP 341 EAGLE SCOUT
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilman Higgins,
RESOLVED, that the Town Board of the Town of Pittsford commends William O'Brien of Boy Scout Troop 341 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 William O'Brien for the receipt of his Eagle Scout Award before family, friends and fellow scouts, being presented to him on April 12, 2008.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

RESOLUTION OF COMMENDATION: SENIOR CITIZENS 50TH ANNIVERSARY
The following Resolution was offered by Councilwoman Zutes, and seconded by Supervisor Carpenter,
RESOLVED, that the Town Board of the Town of Pittsford presents Pittsford Senior Citizens with a signed and sealed Resolution of Commendation in recognition and appreciation of this occasion of their 50th Anniversary, honoring the organization for being an active and vibrant part of our community for our senior residents.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

DISCUSSION: AUBURN TRAIL EXTENSION
Christopher Smith, PE, the project manager from Fisher Associates for the Auburn Trail Extension project discussed a summary of the work that is scheduled to be done in conjunction with the Town of Victor along a two-mile stretch of the trail from Main Street in Fishers to Woolston Road in Powder Mills Park. He indicated that the project has been made possible by a federal grant program that will fund an upgrade of the trail along the old Auburn Railroad line/RG&E corridor. Mr. Smith said that here has been a meeting with the residents of Pittsford and Perinton as part of the public input phase of the project and that there will be a second meeting in September. He then answered questions from the Town Board. Supervisor Carpenter indicated that he felt that there should be discussion regarding improvements from Woolston Road to Rte. 96 in Pittsford in the future.

APRIL 15 2008 TOWN BOARD MEETING RESCHEDULED
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilman Bernacki,
RESOLVED, that the Town Board meeting of Tuesday, April 15, 2008 be rescheduled to Monday, April 21, 2008 at 7:00 P.M. and will be held in the Library Fisher Meeting Room.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

OFFER OF LAND DEDICATION ACCEPTED: KENSINGTON WOODS NORTH SUBDIVISION (PHASE 1) OPEN SPACE AND PARK DISTRICT
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Green,
RESOLVED, that the Town Board of the Town of Pittsford does hereby consent that the aforesaid land, located in the Town of Pittsford, Monroe County, New York, and as more particularly described as set forth on "Schedule A" hereof, be accepted in dedication, part of such lands for use as a "Rural Conservation Area" pursuant to Section 185-31 of the Town of Pittsford Code and part of such lands to be maintained in a Park District; and be it
FURTHER RESOLVED, that any taxes that are currently due or will become due on said parcel of land, as a result of the assessment roll in effect at the time of this acceptance, shall be the responsibility of the grantor dedicating the parcel of land to the Town.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

NOTE: Schedule A, the property description, is not in electronic format and is available for review in the Town Clerk's office.

PUBLIC HEARING DATE SET: PROPOSED SANITARY SEWER EXTENSION JHSD #149 (LANDS OF TAX ACCOUNT NUMBERS 178.03-2-28.2 AND 178.03-2-11
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilwoman Green,
RESOLVED AND ORDERED, that a public hearing be held before the Town Board of the Town of Pittsford, at the Town of Pittsford Town Hall, on the 6th day of May, 2008 at 7:00 o'clock P.M., Local Time, to consider the said Petition and to hear all persons interested therein, and for such other and further action on the part of the Town Board with relation to the said Petition as may be required by law or proper in the premises; and it is
FURTHER RESOLVED AND ORDERED, that a copy of the within Resolution be duly published in the Brighton-Pittsford Post which paper is designated as the official paper for such publication, and a copy of the said Resolution be posted on the bulletin board of the Town Clerk of the Town of Pittsford, New York, maintained pursuant to Section 30 of the Town Law, not less than ten (10) nor more than twenty (20) days prior to the date of the said hearing.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

TOWING SERVICES POLICY ADOPTED
The following Resolution was offered by Councilman Higgins, and seconded by Councilwoman Zutes,
RESOLVED, that the Town Board of the Town of Pittsford hereby adopts the Towing Services Policy as written.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

NOTE: The wording of the Towing Services Policy is as follows:

General Purpose and Policy

The purpose of this Policy is to establish standardized procedures for the selection and use of Towing Companies for the removal and impoundment of abandoned vehicles, disabled vehicles, vehicles parked in violation of parking restrictions and vehicles parked or abandoned during emergencies

Establishment and Use of Towing Company List

1. The Commissioner of Public Works ("Commissioner") shall establish a "Master Towing List" of Towing Companies that are qualified to provide towing services in accordance with this policy and that enter into an agreement to comply with this policy and to provide such services in accordance with a reasonable fixed rate schedule.
2. The Commissioner shall designate, from time to time, a Towing Company from the Master Towing List to be the "Primary Towing Company". The Commissioner may, in his discretion, designate a Primary Tow Company for a specified period of time for the entire Town or for a specific geographic area of the Town. The Primary Towing Company shall be the initial contact for service calls within the area covered by such designation.
3. Companies on the Master Towing List not designated as the Primary Towing Company shall be contacted for back-up services or on those occasions when a Primary Towing Company is not available and/or requires assistance.

Towing Company Selection Procedure

1. Any bona fide Towing Company within the Town of Pittsford may submit application for consideration of placement on the Master Towing List.
2. Only those Towing Companies that agree to render prompt and efficient service will be designated for inclusion on the Master Towing List.
3. The Primary Towing Company must be geographically located within or convenient to the area served.
4. Towing companies selected for the Master Towing List shall be required to sign a Letter Agreement, agreeing to abide by the terms of this policy, and establishing a rate schedule for all services.

Requirements for Inclusion on the Master Towing List

1. Towing Companies are required to maintain necessary and proper equipment in good working order and available on tow vehicles at all times.
2. All tow vehicles are to be equipped with two-way communications utilizing the local government frequency 37.18000 and will be assigned a call number. Towing Companies may not apply for a base station license on a government frequency.
3. All tow vehicles must be registered as tow trucks: have a Gross Vehicle Weight Rating (GVWR) of at least 8,600 pounds or more; and be capable of passing all New York State Department of Transportation requirements.
4.  All Towing Companies shall require that drivers be properly licensed. Drivers will be required to possess a CDL (Commercial Driver's License), Class A, B, or C non-CDL Class C, with a tow truck endorsement. Additionally, all Towing Companies shall maintain driver qualification files for each driver, as required by the NYS Vehicle and Traffic Law, Article 19-B.
5. All Towing Companies shall furnish proof of insurance coverage of at least $1,000,000.00 bodily injury and $100,000.00 vehicle damage to towed vehicles, loss of any parts or accessories from towed vehicles, or property contained therein. Insurance identification cards must indicate the tow truck designation, adjacent to the year and model information.
6. Each Towing Company shall be fully responsible for the safety of its operations, including compliance with all rules and regulations as adopted by the Town, as well as any other Local, State, and/or Federal agency. Each Towing Company shall indemnify the Town, its agents, servants and employees for any claims, including reasonable attorney fees, by Towing Company agents, servants or employees that may arise out of alleged violations of any Local, State or Federal law, rule, and regulation or standards concerning employee health and/or safety.
7. Each Towing Company shall maintain a storage area of sufficient size to store towed vehicles. The storage area will be at the Towing Company's place of business or within close proximity. Each Towing Company shall provide the necessary means to prevent theft, vandalism or damage to vehicles or their contents.
8. Each Towing Company shall indemnify the Town from any and all claims for damages, including reasonable attorney's fees, arising out of the Towing Company's activities.
9. Each Towing Company, when removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
10. Any owner/operator of a vehicle who is at the scene of a tow shall be provided with a business card containing the Towing Company's name, address, phone number, hours of operation and a summary of expected charges, based on the Towing Company's approved rate schedule.
11. Each Towing Company shall maintain a log recording the date, time, location of tow, description of vehicles, registration number and location of stored vehicles. This information shall be relayed to the Commissioner as soon as possible. This log will be maintained for all requested tows, regardless of the source of requested tow services.
12. Each Towing Company shall comply with all applicable laws and government regulations.

Restrictions

1. Towing Companies shall not display any markings on equipment or vehicles that would indicate or suggest that such Towing Company is affiliated with the Town.
2. Radio transmitting equipment designated for Town use is not permitted in any tow truck/vehicle.

Cancellation

1. The Town reserves the right to cancel any Towing Company's agreement for services, without cause, after giving the Towing Company thirty (30) days notice, in writing, of such cancellation.

BID CONTRACT AWARDED: PICK UP OF BUNDLED AND CONTAINERIZED YARD DEBRIS
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilwoman Green,
RESOLVED, that the Town Board awards the Pick Up of Bundled and Containerized Yard Debris bid to Big & Bigger Inc. at a per ton amount of $120.64 for a two (2) year contract running from April 28, 2008 through November 30, 2009 with a possible two (2) twelve (12) month period extensions. It is
FURTHER RESOLVED, that the Town Board authorizes the Supervisor to sign the two-year contract with Bid & Bigger, Inc.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

NOTE: The bid results for this bid are as follows:

COMMISSIONER OF PUBLIC WORKS APPOINTMENT STORMWATER MANAGEMENT OFFICER
The following Resolution was offered by Supervisor Carpenter, and seconded by Councilwoman Zutes,
RESOLVED, that the Commissioner of Public Works is hereby designated as the Stormwater Management Officer for the Town of Pittsford under Chapter 127 of the Town Code, and is authorized to delegate, in writing, individual powers and/or duties to appropriate staff members within the Department of Public Works.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

CONTRACT AMENDMENT FOR NOVELL LICENSE AUTHORIZED
The following Resolution was offered by Councilwoman Zutes, and seconded by Councilman Bernacki,
RESOLVED, that the Town Board authorizes the Town Supervisor to sign an agreement with Novell Inc. for a temporary licensing agreement to use networking software.
ROLL CALL VOTE: Ayes: Zutes, Higgins, Green, Bernacki and Carpenter. Nays: none. Resolution declared carried.

FARM LEASES AUTHORIZED
The following Resolution was offered by Councilman Bernacki, and seconded by Councilwoman Zutes,
RESOLVED, that the Supervisor is authorized to execute farm leases with the following farmers, on the receipt of certificates of insurance, for the period of April 1, 2008 through December 31, 2010 in the amount of approximately $25.00 per acre:

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

• Rob Fromberger, Spring 2008 Land Use Decision-Making Training Program at MCC on 04-22-08 at a cost of $75.00.
• Michael Ross, GIS/SIG 17th Annual Spatial/Digital Mapping Conference in Perinton on 04-22-08 at a cost of $75.00.

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

As there was no further business, the Supervisor adjourned the meeting at 7:31 P.M.

Respectfully submitted,

Patricia E. Chuhta
Town Clerk

OFFICIAL BOARD MINUTES ARE ON FILE IN THE OFFICE OF THE TOWN CLERK