HENRIETTA TOWN BOARD AGENDA

JANUARY 7, 2015 7:00 P.M.

Supervisor Moore Councilman Mulligan Councilwoman Zinck Councilman Page Councilman Breese ORDER OF BUSINESS 1. Roll Call 2. Prayer 3. Pledge of Allegiance to the Flag 4. Public Presentation/Agenda Items 5. Approval of Minutes of the Preceding Meeting(s):

December 17, 2014 Regular Meeting January 2, 2015 Organizational Meeting

On Motion of: Councilman Page Seconded by: Councilman Breese 6. Miscellaneous Communications 7. Special Permit Public Hearing:

-Application No. 2014-056: 4545 East River Road, Richland Residential, to construct 185 cottage style houses for student housing, in an Industrial Zoned District, Tax Account No. 174.03-2-1.11.

8. Introduction of and Action Upon Local Laws, Ordinances, Resolutions 9. Reports of Standing Committees and Actions Thereon 10. Reports of Special Committees 11. Public Comment 12. Adjournment RESOLUTION #2-47/2015

Authorize Accounts Payable RESOLUTION #2-48/2015

Authorize Supervisor to Sign Out of District Sanitary Sewer Contract – 632 John Street

RESOLUTION #2-49/2015 Authorize Attendance of the New York State Building Officials Conference

RESOLUTION #2-50/2015 Authorize Supervisor to Sign Amendatory Agreement – County of Monroe All Seasons County/Town Work Agreement

RESOLUTION #2-51/2015

Declare Item Surplus Material – Henrietta Public Library

RESOLUTION #2-52/2015

Authorize Standard Work Days for Elected and Appointed Officials

RESOLUTION #2-53/2015 Appoint Delegate and Alternate Delegate for Associations of Towns Annual Business Meeting

RESOLUTION #2-54/2015 Authorize the Henrietta Foundation to Run the Driving Range at Lookup Park RESOLUTION #2-55/2015 Renumber Local Law Amending the Town Code to Allow New York State Town

Law §278 Cluster Subdivisions to be Permitted in RR Districts RESOLUTION #2-56/2015 Adopt 2015-2016 Henrietta Recreation Department Afterschool Program Fees RESOLUTION #2-57/2015

Authorize Personnel Items

PURSUANT TO CALL A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF HENRIETTA, COUNTY OF MONROE, STATE OF NEW YORK, WAS DULY HELD AT THE HENRIETTA TOWN HALL, 475 CALKINS ROAD, HENRIETTA, NEW YORK ON THE 7th DAY OF JANUARY 2015 AT 7:00 P.M. MEMBERS PRESENT Supervisor Jack W. Moore Councilman William J. Mulligan, Jr. Councilman M. Rick Page Councilman Kenneth Breese Donald A. Young, Esq., Town Attorney Rebecca B. Wiesner, Town Clerk / Receiver of Taxes MEMBERS ABSENT Councilwoman Janet B. Zinck (SILENT PRAYER) (PLEDGE OF ALLEGIANCE TO THE FLAG) SUPERVISOR MOORE Could I please have the approval of the December 3rd Town Board Minutes? COUNCILMAN MULLIGAN Mr. Supervisor, I move we approve the December third (3rd) Town Board Meeting. COUNCILMAN PAGE Second. SUPERVISOR MOORE Discussion? REBECCA WIESNER, TOWN CLERK / RECIEVER OF TAXES The December third (3rd) Minutes are already approved, this should be December seventeenth (17th) and January second (2nd). SUPERVISOR MOORE Oh, I’m sorry. I’m reading from what I have on this. REBECCA WIESNER, TOWN CLERK / RECIEVER OF TAXES I’m sorry.

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SUPERVISOR MOORE We’ll do December seventeenth (17th)… REBECCA WIESNER, TOWN CLERK / RECIEVER OF TAXES Yes. SUPERVISOR MOORE …Town Board Minutes. COUNCILMAN MULLIGAN So it’s incorrect on this paper. SUPERVISOR MOORE Well I have the third (3rd). COUNCILMAN MULLIGAN I’ve got the third (3rd) too. SUPERVISOR MOORE Yes. Should be the seventeenth (17th). COUNCILMAN BREESE You move that, I’ll second. COUNCILMAN PAGE I will move the Minutes of the December seventeenth (17th) Meeting and also the January second (2nd) Organizational Meeting. COUNCILMAN BREESE Second. SUPERVISOR MOORE Discussion? Please call the roll. Duly put to a vote: Councilman Mulligan voting Abstain Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried

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SUPERVISOR MOORE The first thing on the Agenda tonight is our Special Permit hearing for Application No. 2014-056, 4545 East River Road, Richland Residential to construct 185 cottage style homes for student housing in an Industrial Zoned District. We have Mr. Goldman here to represent the applicant. JERRY GOLDMAN, WOODS OVIATT & GILMAN Good evening Mr. Supervisor, members of the Board, my name is Jerry Goldman, I’m the attorney and agent for Richland Residential who is the project sponsor for the proposed Summit student housing project to be located on the northern one third (1/3) of the Kodak Riverwood Campus. With me tonight on the application is Doug Eldred and Andrew Murrows of the BME Engineering group, who are the project engineers. Unfortunately the project’s sponsor, Martin Mehall and his son Brent Mehall from Richland Residential could not make it here this evening from Cleveland. They do extend their apologies, but we are here tonight to talk about our application for a Special Permit for this site, and in particular, I would like to point out the focus of our comments will be on the Special Permit, which is the topic that the Board is supposed to look at which is the use of the property. There’s been a lot of discussion which has gone on, both with regard to the use as well as the proposed site development of this fifty-six (56) acre parcel. We presented initially, this has been going on for awhile in terms of the review of this particular property, and the Mehall’s engaged BME to do a plan. It was initially discussed with the Town Board at a Workshop on December first (1st) and then subsequent to that, a neighborhood meeting was scheduled and on December fifteenth (15th) there was a neighborhood meeting which was held at the Radisson and I believe many of the people in the audience were at that particular session and had an opportunity to have an exchange primarily with Doug on the application itself. What I’d like to do is to start out Doug with the map which gives us our setting, which is this setting over here and it’s a little bit, this one may be a little bit difficult to read, but the project site is located on the west side of East River Road, just south of Fairview Drive and the uses on the drive, which include the Racquet Club Apartments for RIT, the Osher Living Center, the Riparian, the, as well as Rivers Run and the Gosnell Boathouse. South of our site is also, is the remainder of the Riverwood Campus, with a building which is already there. On the east side of the road is primarily vacant land at the present time. The zoning map indicates exactly where we are on the project site and that one’s a little bit easier to see, and I will share it for both the Board and for the public here. Our project site is located on the north side of the Kodak Riverwood Campus as depicted on this plan. It is south of residential, essentially multi-family residential property, R2-15 zoning, across the street from Industrial zoning on this particular site. The property is currently owned by an entity and family which has owned it for quite some time. The property is under contract to, the overall property is under contract to a developer who intends to work with the existing Kodak building and to try to enhance that building, but as a part of his ability to go and do

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that, he needed to, he was looking to find someone to acquire the area north of the wetlands to do a development and as it turned out, the Mehalls and Richland Development came upon this site and looking at it for student housing. As a logical connection we have a look at the overall west side of the road and we have residential student housing and then the base industrial of the site. So in terms of land use, be a fifty-six (56) acre parcel, this is an appropriate land use for this area. The Town Board, in their consideration of a Special Permit, has to take a look at measuring standards which are set forth in the Town Code. We did provide that information in a letter of intent, which was submitted with our application, I believe was reviewed by many in the public. The standards are pretty straight forward, the effect of the proposed use on the orderly development and character of the neighborhood is the first (1st) standard and given that this is a single use with access onto East River Road and is essentially in concert with the use of the property to the north for residential for student housing at Racquet as well as the Boathouse, and Rivers Run of course hadn’t been developed as a community, and I was involved in the zoning dealing with Rivers Run, was meant to be attached to Osher and at the same time integrate in with RIT. We believe that this is an appropriate location for the use. The second (2nd) standard is where the proposed use will be in harmony with the existing and probable future development of the neighborhood and in fact this does provide a better choice, we believe, than what could have been on the site, which is Industrial, and we’ll talk about that in a few minutes as well. The third (3rd) standard deals with the number and proximity of the same or similar uses in the neighborhood of the premises and we have engaged a market study and have provided that to the Town to indicate that there is a market for these residential units. Next, standard’s whether the proposed use would be a nuisance in law or fact and everything is being done so that in fact it is not the case from things like poisonous substances, odors, fumes, noise radiation and the like. The next standard is whether the proposed use will create hazards or dangers to the public from fire, explosion, electricity, traffic congestion, crowds, parking of automobiles or other causes. A traffic study has been engaged and is in the standard methodology and found to be in standard in terms of the utilization of East River Road, and the last condition deals with conditions and restrictions of the Town Board may be interested in providing, that they can in fact condition the conditional Special Use permit if they so desire. We will talk a little bit about the site plan because the site plan did change over the course of time. Our initial site plan that we had, essentially utilizes the property in accordance with the zoning buffers, and in particular the buffer along the northern side of the project along Fairwood Drive. At the neighborhood meeting it was suggested to us that we do, that we take whatever efforts we could to in fact increase that buffer and to maintain trees along that northerly buffer and the net result of that is that instead of being at a fifty foot (50’) setback from the property line, we’re now at approximately one hundred and thirty feet (130’), I believe, one hundred and twenty feet (120’) from the property line. As we take a look at site lines, and we did provide a site line analysis to the Town and many are familiar with that, we have shared that with

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members of the public as well, we are quite a distance away from any of the buildings which are on the site. I believe the closest that we are from any building to building on our site is one hundred and ninety feet (190’). The next bank was about two hundred and thirty feet (230’) further to the west and if you go to the easterly side of Rivers Run, the closest building is three hundred and ten feet (310’) away. In addition there is landscaping, which will be proposed and which will be the product of any discussion with the Planning Board if the Special Use Permit is approved. The use itself is one from a density and design point of view, which is rather unique. We are dropping, as a result of the movement of the northerly buffer, from seven hundred and eighty (780) beds to approximately seven hundred (700) beds on the overall site. The cottage design was designed essentially to create a single family feel and a comfortable feel for the overall site, and we have a large amount of green space as a result of this development. Doug has a chart that he’s going to put up now that contrasts what the impacts would be of an Industrial site, which is clearly permitted without a Special Permit, under this, under the Code as opposed to the residential component that we are talking about. You talk about green space, green space is proposed to be about thirty-eight and a half (38.5) acres as opposed to thirty-three (33) acres, there are increased traffic volumes which would be generated from a conventional industrial plan, both during the A.M. and the P.M. peak hours, so to that extent, the impact and effects of this development will be substantially less than that which will be expected from industrial property. In our discussions with, at Workshops and with the neighbors, we’ve talked about the developer themselves. The developer is an experienced developer in dealing with student housing. There were questions raised relative to management of the property, which were fully discussed. There will be a member staff who is on call twenty-four seven (24/7) to handle lock outs and other non-emergencies, private security on the weekend nights between nine (9:00) P.M. and three (3:00) A.M., exterior amenities are closed at ten o’clock (10:00 P.M.), security cameras throughout the site, there are stringent lease requirements dealing with noise and operation of any business or anything of that sort, which may be deemed to be offensive to residents in the nearby area. As it relates to the Special Permit and the Special Permit standards, we have talked about this, what we are here for tonight. The one thing that we ought to focus on for just a minute is the fact that, as a part of any land use application, there is a requirement to consider the State Environmental Quality Review Act and SEQRA is a big part of what we do, so as a part of this overall application there is a substantial report, which was submitted by BME to the Town, it has been reviewed by some in the public domain as well, which addresses all the salient environmental issues. In terms of the handling of environmental issues for a project like this, it requires what’s referred to as a coordinated review among all agencies that have approval authority. The Town Board at their Meeting last month indicated their intent to act as the lead agency, which means that the Town Board will be conducting the environmental review, but as of this time, we’re still within the thirty (30) day period at which any other agency can stake their claim, if they will, to try to take control of that environmental process. We don’t

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anticipate that to be the case, but at the same time the Town Board is not authorized to act on this application tonight so for those in the public, I think there can be a clear understanding that once we are done with the Hearing and everything else, the Board is not in a position to act on this application this evening, and clearly has to make an environmental determination significance as a part of their decision making prior to making a final decision on the application itself. I know it’s a rough evening tonight on the roads and we do appreciate the fact that people did come out this evening to listen to this presentation and perhaps offer comments to the Town Board. What we’d like to do at this point is to pause and take any questions that the Town Board may have, at the same time what we will do is during the Public Hearing section of this, take notes of those comments which are received and those that we can officially answer this evening we will try to do that, other than that we will be prepared to answer in writing and provide those to the Town for their review within this window prior to their determination on the application. So with that, unless Doug has anything to add at this point, I will close our presentation. SUPERVISOR MOORE Thank you Mr. Goldman. Does the Board have some questions? COUNCILMAN BREESE Well, yes actually I have one (1), Mr. Goldman. As I look at the application process and all the corresponding paperwork that’s come through, it refers to this as student housing… JERRY GOLDMAN, WOODS OVIATT & GILMAN That’s correct. COUNCILMAN BREESE …is there a limitation that says that this can only be leased to students? JERRY GOLDMAN, WOODS OVIATT & GILMAN We are in fact only leasing to students. We cannot direct which school they’re from, and that’s a restriction that we can’t really do, but we are leasing to students and we have the ability through our leases to control that. COUNCILMAN BREESE Right, but is there something that says you can only lease to students? JERRY GOLDMAN, WOODS OVIATT & GILMAN We’re willing to agree to that if that is an appropriate condition and that is something which the Town Code allows us to do.

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COUNCILMAN BREESE Alright. Thank you. SUPERVISOR MOORE Well, I would tell you, Jerry, that I think that a lot of the residents have a concern for the fact that if this student housing project didn’t succeed that it would become something other than student housing, so I think the Town Board, if they were to grant a Special Permit, would be looking for that type of obligation. JERRY GOLDMAN, WOODS OVIATT & GILMAN And frankly we’re prepared to deal with that. Our market study does indicate that certainly there is demand, we believe that the style of units that we’re talking about and the management style of these particular individuals are going to lead to these be popular as far as rental, so to that extent we’re comfortable with that. SUPERVISOR MOORE Did your market study take into consideration that north of this proposed project there also is a farm that was rezoned industrial for another student housing project that didn’t come about and doesn’t appear that it’s going to, but if that were to be built too, is there going to be need for both of them? JERRY GOLDMAN, WOODS OVIATT & GILMAN Well, there is to our mind, and we believe that we clearly are a market leader relative to this particular style. If that other student housing project were to reinvent itself at this point, I believe it would have to come back to the Town Board for renewal of that Special Permit and to that extent there could be further analysis by the Town at that time. SUPERVISOR MOORE Yes, I would attest to the fact that if that project does come back about, it’s my understanding that they would have to come back to the Town Board for another Special Permit, it isn’t that they can take that Special Permit and go with the property itself and move forward. JERRY GOLDMAN, WOODS OVIATT & GILMAN We have time constraints under our code relative to building and the fact of the matter is that while land use approvals do run with the land, the practicality of it right now is that they probably could not get to the point where they could effectuate that approval and stay within the Town’s parameters of the duration of the Special Permit that was granted. Special Permits generally are good for a year. It would take a lot longer to reinvigorate that process and to get everything moving.

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SUPERVISOR MOORE Okay, because I know that’s a concern with a lot of residents. Thank you. COUNCILMAN MULLIGAN Through you, Mr. Supervisor, the traffic study, Mr. Goldman, was done by Ferrante, Steve Ferrante? JERRY GOLDMAN, WOODS OVIATT & GILMAN I do not… COUNCILMAN MULLIGAN SRF? (From audience, Doug Eldred, P.E., BME Associates, “No, it is not.”) SUPERVISOR MOORE Done by Canandaigua firm? (From audience, Doug Eldred, P.E., BME Associates, “It’s done by…”) JERRY GOLDMAN, WOODS OVIATT & GILMAN It’s done by McFarland Johnson. COUNCILMAN MULLIGAN I’m showing SRF Associates… DOUG ELDRED, P.E., BME ASSOCIATES No, sir. COUNCILMAN MULLIGAN …in your packet here. Passero subbed that out to them? (From audience, Doug Eldred, P.E., BME Associates, “No.”) SUPERVISOR MOORE It says BME. (From audience, Doug Eldred, P.E., BME Associates, inaudible) COUNCILMAN MULLIGAN So it’s just…

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(From audience, Doug Eldred, P.E., BME Associates, “I think they may have…”) COUNCILMAN MULLIGAN …it’s a mistake? (From audience, Doug Eldred, P.E., BME Associates, “…they may have included some information…”) COUNCILMAN MULLIGAN From him? (From audience, Doug Eldred, P.E., BME Associates, “…from other studies, but they did the analysis.”) COUNCILMAN MULLIGAN Okay. JERRY GOLDMAN, WOODS OVIATT & GILMAN Right, I mean, in typical fashion, the development group on the other project that the Supervisor made reference to, the project engineer was Passero Associates. I believe their traffic consultant was SRF, and typically what is done is that if there’s base line information that is available it very often is utilized by a successor engineering firm in doing their traffic analysis. Is that… (From audience, Doug Eldred, P.E., BME Associates, “That’s correct.”) JERRY GOLDMAN, WOODS OVIATT & GILMAN …pretty much where we are? COUNCILMAN MULLIGAN With seven hundred (700) beds, Mr. Goldman, what number did you put into the system in terms of number of cars per day? DOUG ELDRED, P.E., BME ASSOCIATES There’s, this is an adjusted number because we reduced it by ten percent (10%), so we have one hundred and forty-four (144) A.M. trips and one hundred and seventy-one (171) P.M. trips; that’s two (2) directional trips, and then, pardon me? COUNCILMAN MULLIGAN Seven hundred (700) beds, you think you’ll only have one hundred (100)…

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DOUG ELDRED, P.E., BME ASSOCIATES Yes sir. COUNCILMAN MULLIGAN …trips? (Laughter) DOUG ELDRED, P.E., BME ASSOCIATES No, this is, I’m sorry, let me put it this way. During the peak hours. There’s much more than that throughout the day; there’s much more during the day. Yes. SUPERVISOR MOORE And you’re… JERRY GOLDMAN, WOODS OVIATT & GILMAN Standard traffic analysis, Councilman Mulligan, as you know, having gone through this quite a bit, is the analysis is done for peak hour trips. It is not done as a constant flow throughout the day. The analysis focuses on a peak hour in the A.M. and in the P.M. The A.M. peak typically is one which is the seven to eight (7:00 – 8:00) hour or somewhere in the seven to nine (7:00 – 9:00) hour. The P.M. peak is normally between the four to six (4:00 – 6:00) hour. What you find with regard to student housing, is that a lot of the vehicular trips are going to be during off peak hours. Student traffic does flow at a rate during the course of the day, so for that reason it would be slightly different. One, and let me just, also point out, and it was in our materials and discussed at our Workshop and discussed with the neighbors, there will be a shuttle bus, which is going to run from the site and is going to probably take many, if not most of the students that are there, to campus and back. We do not anticipate that there is going to be a whole lot of student vehicular trips, they’re going to go back and forth to campus from this location. COUNCILMAN MULLIGAN With seven hundred (700) beds, how many parking spots have you provided? DOUG ELDRED, P.E., BME ASSOCIATES Seven hundred and fifty (750). COUNCILMAN MULLIGAN So that doesn’t sound like too many are taking a shuttle. DOUG ELDRED, P.E., BME ASSOCIATES Well, we’ve found, we did the Park Point RIT project as well, and we actually find that

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about sixty to seventy percent (60% - 70%) of the students have cars at that project. McFarland & Johnson who did the traffic study has also done several other student housing projects; some with us and some with other folks. So, we’ve had a large variety of information to draw from. With respect to the traffic study trip generation, if you look in the study there was three or four (3-4) different potential trip generation numbers that were looked at and McFarland & Johnson took the highest one so it’d be more conservative. Again these are peak hour traffic, you know the hopeful day traffic is obviously much more than what happens during the peak hours, but from a peak hour point of view and trip generation, of the models they had to look at, they picked the highest one. COUNCILMAN MULLIGAN Just trying to… JERRY GOLDMAN, WOODS OVIATT & GILMAN I’ll give you the benefit, I’m sorry. COUNCILMAN MULLIGAN …seven hundred (700) beds could turn into fourteen hundred (1,400) kids. DOUG ELDRED, P.E., BME ASSOCIATES No. JERRY GOLDMAN, WOODS OVIATT & GILMAN No. COUNCILMAN MULLIGAN You don’t remember that? JERRY GOLDMAN, WOODS OVIATT & GILMAN No. (Laughter) JERRY GOLDMAN, WOODS OVIATT & GILMAN No. And let me share with you, I don’t want to turn this into a humor thing either, but the fact of the matter is, I can share with you my experience, okay; my experience through college and law school. My experience in college, not as germane because I commuted and basically I took public transportation from Irondequoit to the U of R, but when I moved to Albany and went to Albany Law School, I had a car. When I went to school I took public transportation or in the better weather, walked to campus, I only used my car at nights and on the weekends. It was not something that I would do to

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go to school, it just wasn’t what we were doing. COUNCILMAN MULLIGAN Changing subjects, are you pursuing any kind of tax deferrals or tax abatements on this project? JERRY GOLDMAN, WOODS OVIATT & GILMAN As a result of taking a look at the reduction of the number of units, we’ve been approached by the County actually and said that they do have what’s referred to as a “Shelter Rent Program” that we’re currently analyzing and taking a look at and see whether it fits within the parameters of what we’re talking about. COUNCILMAN MULLIGAN And approximately what percentage would that reduce your taxes? JERRY GOLDMAN, WOODS OVIATT & GILMAN I believe if at full utilization, I believe it is something like twelve percent (12%) and is limited to the term of the mortgage, if I know the program correctly. COUNCILMAN MULLIGAN So, if you did a thirty (30) year mortgage you would get twelve percent (12%) each year over thirty (30) years. JERRY GOLDMAN, WOODS OVIATT & GILMAN That’s correct. From a Town’s perspective, in terms of the tax dollars to be generated, I think we’re talking about something like from seven thousand dollars ($7,000.00) to fifty six thousand dollars ($56,000.00), or something, excuse me, seventy (70) to fifty-six (56). COUNCILMAN MULLIGAN But it would be substantial with the school tax. JERRY GOLDMAN, WOODS OVIATT & GILMAN It would be relatively substantial to school tax, but of course we must remember that this will not have any impact directly on the school district in terms of putting children into the school district as well. COUNCILMAN MULLIGAN That’s all I have. SUPERVISOR MOORE You made reference to a shuttle. Will that be a Richland paid for shuttle or an RIT

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shuttle? JERRY GOLDMAN, WOODS OVIATT & GILMAN That will be a Richland shuttle. If there are transportation options available with RIT then those may be explored, but at this point Richland is committed, as they have done elsewhere, to have their own shuttle system operating. SUPERVISOR MOORE Okay. Thank you. Anybody else? (Pause, no response.) COUNCILMAN PAGE Nope. SUPERVISOR MOORE Thank you. We’d like to go ahead and… JERRY GOLDMAN, WOODS OVIATT & GILMAN Thank you. SUPERVISOR MOORE …open it up for the public comment and I have speakers signed up. You’ll have two (2) minutes and the first speaker is Mr. Mitchell. And you’ll have to state your name and address for the record please. HUGH MITCHELL, 147 HILLSIDE AVENUE Certainly. Hugh Mitchell, for the Record, 147 Hillside Avenue, is my address. I am speaking for the Sierra Club tonight and I do appreciate on a cold night your receiving us. It’s been a quite impressive turn out. Basically, Sierra Club is interested in this because we’re interested in open space and potential parks along the river for Henrietta and the community of Monroe. We have been looking at some of the applications here in terms of the Special Use zoning variance, which was presented to you so ably by Jerry Goldman, and I want to reply point by point, but it might take a little bit more than two (2) minutes. I have given a copy to you all in your mail, the Town Clerk should be able to have given it to them on Monday. But first (1st) on point A, he had mentioned on the topic of the effect of the development on the character of the neighborhood and the vicinity and our position is that the basic Senior Center, which includes, as you’ve been told, the Riparian, the River’s Run and the Osher School that I’m a member of, is a heavily used senior area, the Osher itself has about six hundred (600) students. The Senior Center doesn’t fit in with a student center next door. The students and the seniors just do not mix and it is not a good use of the neighborhood for development of this student area. As far as the industrial business office park, it’d probably be a lot better and more marketable if that hillside were left open. The

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second (2nd) point, Mr. Goldman made related to the issue required question whether the area would be in harmony with future development of the neighborhood. Well the BME market study is flawed. They’re claiming that there will be a possible eighteen hundred (1,800) new students in the next two (2) years. We have contacted RIT… (Bell Ring) PETER MINOTTI, DEPUTY SUPERVISOR Time, Mr. Supervisor. HUGH MITCHELL, 147 HILLSIDE AVENUE …and they said, RIT said they’re going to have a two hundred (200) graduate students in the next two (2) years, no more. So the market study is based on the prior expansion. In other words it’s looking back, but RIT’s looking forward, so the market study, we don’t believe it, it’s very badly flawed. And… SUPERVISOR MOORE Please summarize. HUGH MITCHELL, 147 HILLSIDE AVENUE …okay, thank you. I just want to say, thank you very much for coming and my comments are in writing and I’d be happy to respond to any of you who wish to call me, my contacts are on here. Thank you very much. SUPERVISOR MOORE Thank you very much Mr. Mitchell. The next speaker is, and you have to excuse me if I mispronounce your name, VanGossen? BETH VANFOSSEN, 501 RIVERS RUN VanFossen. SUPERVISOR MOORE Oh, I’m sorry. BETH VANFOSSEN, 501 RIVERS RUN Thank you. Thank you for holding this Meeting and permitting our comments. SUPERVISOR MOORE I’ve got to have your name and address please. BETH VANFOSSEN, 501 RIVERS RUN It’s Beth, I am Beth VanFossen, a resident of 501 Rivers Run. My husband and I have

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lived here in this senior community since 2007, I speak against the approval of the request for the Special Use Permit. I have five (5) concerns, but in the interest of time will address only my biggest concerns. One (1) is about the traffic. East River Road, at this location, is already a very difficult section. Two (2) hills on either side of the proposed Summit creates visual problems of getting off and on to East River Road. Stop lights at either end at the section create streams of traffic when the lights turn green. By the time the cars reach our section of East River Road from both directions, they have picked up quite a bit of speed. Members of our senior community frequently comment on the danger of turning onto East River Road. This morning my husband saw a car; it slid off the road due to the snow. This is a frequent happening in the winter. A few years ago there was a cross by the side of East River Road memorializing a death from a car coming down from the southern section of East River Road that hit a car turning right. I would also just like to point out that the traffic study that has been done did not consider the members of Osher. There’s eight hundred (800) members between the ages of sixty-five and eighty-five (65-85) primarily. There are forty (40) courses per term, there are usually about, I’m sorry there’s six hundred (600) members, did I say eight hundred (800), six hundred (600) members. Each term there are about four to five hundred (400-500) who come. They come between nine and three (9:00 A.M. & 3:00 P.M.), so their traffic was not mentioned in the traffic study since they looked at rush hour only, and between nine and three (9:00 A.M. – 3:00 P.M.) is when the students, well many of the students who drive would be driving, I just wanted to point that out so that you’re aware that your traffic study didn’t take account of this very substantial number of cars. My second (2nd) concern has to do with damage to the environment. Currently there are large, tall trees on forty one (41) acres of land that the housing is proposed to go on. These have roots into the steep hill that will need to be carved out and then recontoured in order to form terraces for road and parking areas. According to the Environmental Assessment Form, seventy-one percent (71%) of the total acreage would be disturbed in construction and thirty-one percent (31%) of the acreage will ultimately become impervious surfaces, thus not absorbing rain and snow and thus increasing water runoff. At the bottom of the hill is a large area of wetlands, which empty into the Genesee River. The higher volume of water runoff incurred by nonabsorbent roofs, parking areas and roads will contribute to the height of river water during wet and flooding times and possibly may affect the river’s impact on flooding at Rivers Run. (Bell ring.) BETH VANFOSSEN, 501 RIVERS RUN I’m pleased to read that the Town… PETER MINOTTI, DEPUTY SUPERVISOR Time, Mr. Supervisor.

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BETH VANFOSSEN, 501 RIVERS RUN …Board will be commissioning its own independent review of the environmental impact. Thank you. COUNCILMAN PAGE Thank you. SUPERVISOR MOORE Thank you very much. BETH VANFOSSEN, 501 RIVERS RUN You’re welcome. SUPERVISOR MOORE The next speaker is Cy Kastner. CY KASTNER, 1203 RIVERS RUN My name is Cy Kastner and I live at 1203 Rivers Run. I appreciate the opportunity to express my concerns in reference to the request by Richland Residential for the Special Use Permit for the purpose of constructing student housing next to our senior living development. In the first (1st) place it seems like an unlikely juxtaposition. If our community is designed with a fifty-five (55) or older requirement, why would anyone think it was a good idea to place high density, unsupervised, unaffiliated student housing in such close proximity. Think of the noise, lights, partying, and music. We haven’t yet completed the development of our Senior Community and I have real concerns that the placement of Richland’s housing could impede the completion of our own development and affect our property values. I realize that eventually some sort of development is likely to happen south of us, but I would hope that it could be integrated into its surrounding landscape instead of obliterating it as this proposal seems to do. Instead of rows and rows of little box houses, why not larger buildings with a smaller footprint that would allow for preservation of woodland and wetland and green space. There appear to be other issues that have not been well thought out either. For example, the issue of emergency egress to and from this development, if the East River Road access is blocked. Would you allow the developer to create a high density, student housing project and not make sure that fire, police and ambulance services could always have access? I would also like an answer to the question that if at some future point in time, be it four (4) years or forty (40), could these little boxes be sold off as substandard homes? Consider these homes have no yards to speak of, no garages, and are less than twenty feet (20’) apart. What would that mean for Rivers Run and for the Town? I feel our Town Board has the power and obligation to approve a better vision for a use of this space than what Richland has designed. For these reasons I respectfully request that the Town Board deny Special Use Permit.

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SUPERVISOR MOORE Thank you. (Bell ring.) SUPERVISOR MOORE The next speaker is Kathy Hayes. (From audience, Kathy Hayes, 402 Rivers Run, inaudible) SUPERVISOR MOORE Take your time. KATHY HAYES, 402 RIVERS RUN Is this one on? So I don’t need that one. Okay, good. My name is Kathy Hayes, I live at 402 Rivers Run. These are some of my questions and concerns. Traffic is a very big one. The Monroe County Highway Department says that they see no problem with increased traffic on East River Road in this location. I strongly disagree based on my almost daily need to access it from Fairwood Drive. The completely blind hill immediately to the north of this intersection makes turning out onto East River Road very problematic. Questions. How will students living in the Summit get to the campus if they don’t own cars? Would RIT allow them to walk up the hill to the student apartments there and ride the shuttle bus? I can promise you RIT won’t come down to these kids and take them. They won’t even come to Osher and we’re students at RIT and they won’t come down because they don’t own the land. Will RIT have room on campus for those who do drive to park their cars? At this time, there are no sidewalks or bike paths between the Summit and the campus. East River Road is not safe for walking or biking, I guarantee you it isn’t at this time. I suggest that any meaningful traffic study should be made not at rush hour, but during the days on Monday through Friday when the Osher Institute, now it’s as of today up to six hundred and forty (640), I was just at a meeting, is open for classes. We have three (3) sets of classes a day. People don’t all come for the three (3) whole days, some come for the nine thirty to eleven (9:30 A.M. – 11:00 A.M.), and dadada all day long. My next concern is the environment. I’m pleased that the most recent proposal allows for growth of the natural trees that are there between the properties; I’m glad they’re going to remain on the northern side, but I’m very concerned when I learned that they’re going to be bulldozing down that hilly terrain with most of the land going where? In the water, going into that river that’s down there that does flood in the spring and the health of the Genesee River is kind, should be important. I wonder if the Army Corps of Engineers has done a research on this situation, this environmental situation. I think they’ve got to have their word on it. Now I have another concern. This development is not connected to RIT for any purposes. There was a similar student housing

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development where our, where Rivers Run is right now, that was torn down about fifteen (15) years ago and there was a time when some of those students living there were getting out of control and RIT had to set up a security surveillance system to keep the peace. There are people still living in that area who remember those days and there are employees of the Town and the County who do also; I have spoken to some of them myself and I pray that such a situation is never allowed to develop again. (Bell ring) KATHY HAYES, 402 RIVERS RUN You can’t have… PETER MINOTTI, DEPUTY SUPERVISOR Time, Mr. Supervisor. KATHY HAYES, 402 RIVERS RUN …unsupervised college students living in large quantities without very serious supervision. Thank you. SUPERVISOR MOORE Thank you, Ms. Hayes. The next speaker is Fred Weinstein. FRED WEINSTEIN, 1801 RIVERS RUN I’m Fred Weinstein, I live at 1801 Rivers Run and I agree with everything that’s been said so far, I think they’re all accurate; all the feelings that have been mentioned are accurate. I would like to discuss one other thing. Student housing I feel should be associated with the University, a specific university. The students entering a university are evaluated before they come in as to character, as to success in high school, moral character, many, many things. We do not know what these people who are coming in will be like. I’m a student, I go to Osher. If I give them, if I show them my Osher pass, I would get in housing there. I don’t belong there and I could be a miserable person. I don’t think they’re looking at the integrity of the people moving in, they just want to sell and I think that’s bad; bad for the people living there as well as for the people who live nearby. So for all those reasons and the ones preceding, I agree, no. SUPERVISOR MOORE Thank you. The next speaker is Mary Jane Thomas. MARY JANE THOMAS, 1401 RIVERS RUN I’m Mary Jane Thomas, excuse me, I live at 1401 Rivers Run. Thank you Supervisor Moore, Deputy Supervisor Minotti and the Town Board for having us here and allowing us to speak. I appreciate the efforts to revise the plan, and it shows some concern,

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however I have many concerns, I’ll just list a couple. The traffic situation is frightening to even think about; it is truly appalling. Young drivers are not known for caution. I also am concerned about the wildlife. Birds are nice to watch, we enjoy watching them very much. Taking down the trees will decrease the nesting territory and decrease our amount of pleasure. For instance, excuse me, a family of three (3) pileated woodpeckers fly over this summer and there was one (1) on our suet feeder today, my husband has a photo of it, and there’s other trees that need to be left. The ones in the corner, the northwest corner, should not come down, that’s wet in there, how can you possibly use it? I just feel the quality of life for Rivers Run residents would be diminished. My other question is, if I understand the land is not yet turned over, had a final sale to Mr. Minaldi. I’m wondering how long this group is prepared to wait for that to happen. Why don’t you go to the other site that was already approved and the business about it being students, the lease says, “If a student…”, it doesn’t say you have to be a student. How is that going to be enforced? In short, I would strongly encourage the Board to cast a negative vote on this application. Thank you. COUNCILMAN PAGE Thank you. SUPERVISOR MOORE Thank you, Ms. Thomas. (Bell ring) SUPERVISOR MOORE Mr. Julian Thomas is the next speaker. JULIAN THOMAS, 1401 RIVERS RUN Julian Thomas, 1401 Rivers Run, husband of Mary Jane. Thank you everyone for respond, thank the development team for responding to the concerns that were raised at the December fifteenth (15th) Meeting and to the Town Board for having a public forum. My personal thought is that this is not the ideal use of the land but the alternatives as Mr. Goldman pointed out could well be worse. Specific things that we need to have cast in concrete, the fence must be maintained as an impenetrable barrier; there’s a hole at the west end that must be fixed and it has to be such that people can’t walk out and wade through the river and get around to cross the property line. Traffic concerns have been addressed already, but they can be alleviated by three (3) steps. One (1) is if RIT does not issue the students at this, living at this property, commuter parking permits, which means they won’t be able to park on campus during daytime hours. The bus schedule, the shuttle bus schedule must be such that there is little incentive for students to drive to the campus; it must be on an adequate schedule. And the access to East River Road needs to be moved to the south, ideally to the

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intersection at Lehigh Station Road where there’s a traffic light, or else the old Kodak Riverwood entrance road. We have specific questions for the development team. What are the long term goals of the developer? What happens if this property is sold, if it fails? Is there any way that either the developer or any subsequent owner could eliminate the requirement for student status? Thank you. SUPERVISOR MOORE Thank you very much Mr. Thomas. (Bell ring) SUPERVISOR MOORE The next speaker is Carol Burritt. (From audience, Carol Burritt, 620 Shore Drive, “I’ll defer to my, there are people here that are probably going to be more impacted than I am.”) SUPERVISOR MOORE Okay. Thank you Carol. The next one is Susan McVay. COUNCILMAN MULLIGAN That’s Barry. SUPERVISOR MOORE Well, he’s next to the microphone. BARRY MCVAY, 504 RIVERS RUN It might be apparent that I’m not Susan McVay, I’m her husband, Susan has a mobility problem and asked that I might speak first (1st) as she moves up towards the front. Thank you first off for giving us, number one (1), for having this as a Public Hearing before you make a decision, I do understand that, if I understand correctly that this decision could have been made before we would have a chance to speak, and it’s much appreciated that you’re having this Hearing prior to that. I also would like to thank the Board and the community for demonstrating such appreciation for nature. I have been very impressed; especially, my wife and I very much enjoy doing what we call ride runs. With my wife’s mobility problems I chase after her on the north shore of the Lehigh Valley Trail, it’s just a bit of paradise for us. On our vacations we enjoy going to accessible trails and it’s just a gem to have found that. I could go on, but in the interest of the purpose of this Meeting, while most of the points have been made already by the other speakers from our community, I would like to share some other thoughts. I’ll try to just hit the high points. We have lived, as others, for some time since Rivers Run began, we’ve been here for eight (8) years. It was interesting to hear

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that the new housing being proposed is said to be in a cottage style. I’m glad to hear that, that’s what our housing was proposed to be as well; an Adirondack cottage style. I’m really relieved to hear that the natural, native trees, well many of them, are proposed to be saved with the revision in the new proposal as I’m understanding it. I don’t always quote Ronald Reagan, but I do feel that his quote of, “Trust but verify,” is very important here. I wonder if it is, how it would, you would go about making sure that after the owner, the proposed new owners would take possession, that those trees would remain preserved. Some of the other things that have been mentioned in the revisions too, and has come up several times, that should this project fail, would it, is there any guarantee that it wouldn’t be turned in to, what very likely could become substandard family housing, thereby endangering many school children that, is my understanding, would need to be picked up off of East River Road with all of the concerns that have been mentioned about the safety issues on that street. I think also, that the issue of transportation, like in terms of a shuttle bus, I know we have a small shuttle bus where we are, it’s difficult to imagine with seven hundred (700) college students, how many students can fit on this shuttle bus and be able to reasonably transported to the college, being four (4) minutes or four (4) miles away from RIT, and being a cyclist myself, I am concerned about the safety, again, that’s a major issue to me with these college students, of sidewalks for the college students for those of them that would choose, as I believe the attorney had mentioned, that he preferred to walk to the university, as did I when I went to school, but… (Bell ring) BARRY MCVAY, 504 RIVERS RUN …would that be safe for… PETER MINOTTI, DEPUTY SUPERVISOR Time, Mr. Supervisor. BARRY MCVAY, 504 RIVERS RUN …thank you very much, I appreciate the opportunity to speak and if anyone would care to contact me, I’m glad to leave any additional contact information as well. Thank you very much. SUPERVISOR MOORE Thank you Mr. McVay. SUSAN MCVAY, 504 RIVERS RUN Hi, I’m Susan McVay, 504 Rivers Run. My comments are briefer than my husband, so I should have given him a few minutes of my time. As a home owner in the Rivers Run community of Henrietta, I oppose the construction of over one hundred and sixty-five

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(165) residences next door to my neighborhood. While I appreciate that the developer’s Site Engineer, Mr. Eldred, recently proposed reducing the number of structures from one-eighty-five (185) to one-sixty-seven (167), housing seven hundred (700) college students in this small space results in a very high population density. Such a densely populated project is likely to significantly change the character of this area into a more urban environment with associated problems in pollution, traffic, safety and security. In addition I’m very concerned as has been stated by others, that this proposed student housing is unaffiliated with any college. Therefore, they don’t have the assets of a particular institution of higher learning behind them, such as the provision of security, safety, money, if they run into situations that require assets to solve, so because they are unaffiliated with a university, I think that will, could cause serious problems and I request the Board to reject this proposal. Thank you. COUNCILMAN BREESE You’re welcome. SUPERVISOR MOORE Thank you, Mrs. McVay. The next one is Meredith Smith. MEREDITH SMITH, RIT ASSOCIATE VP FOR GOVERNMENT & COMMUNITY RELATIONS Thank you, Members of the Town Board for holding this Hearing this evening. My name is Meredith Smith and I am Associate Vice President for Government and Community Relations at RIT, and I have just a few brief comments on the project. We at RIT believe it’s important to make clear and on the Record that RIT is not affiliated with the project; I’m glad to hear so many of our community members already recognize that this evening. We have consistently stated to the Town Board, as well as to community members, that we do not feel that additional off-campus student housing for RIT students is warranted at this time. RIT does not anticipate future enrollments to justify the number of new beds that Richland proposes. We continue to have diverse housing offerings on the RIT campus at all price points that we think will meet the needs of our campus population for the foreseeable future. Thank you. (Applause) SUPERVISOR MOORE Thank you, Meredith. The next speaker is Natalie Weinstein. NATALIE WEINSTEIN, 1801 RIVERS RUN Good evening and thank you for letting me speak and coming out in this wonderful weather. I just have one (1) comment…

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SUPERVISOR MOORE I need your address though. Name and address. NATALIE WEINSTEIN, 1801 RIVERS RUN …oh the name. Natalie Weinstein, 1801 Rivers Run. SUPERVISOR MOORE Thank you. NATALIE WEINSTEIN, 1801 RIVERS RUN My question deals with access and egress problems. Now I know that the original intent was to have a emergency exit into Fairwood Drive, that I know has been changed and thank you to the developers, however I haven’t seen anything on any of the plans that shows a second (2nd) access and egress from this property. Very important because as you all know, it’s very important to be able to get emergency vehicles in and out of a community if there was an emergency, so this is the one (1) thing that I had to say, and I agree with everything else that has been said before. I’m very much against this. Thank you. SUPERVISOR MOORE Thank you very much. Next speaker is Carol Malach. CAROL MALACH, 130 CAPE HENRY TRAIL Carol Malach, 130 Cape Henry Trail. I just have a question or concern also about traffic but it’s a little bit more comprehensive and broad than just this development. Has the Town addressed or looked at the ongoing development that’s going on, on East River Road. You approved Jayne’s Riverview; that’s going to be hundreds and hundreds of cars, there’s ongoing development at Riverton and now this seven hundred plus (700+) cars, and I’d like to understand comprehensively what the Town is doing to look at that and address it. It’s a major concern for any of us who live along East River Road, not just from the hours of eight to nine in the morning (8:00 A.M. – 9:00 A.M.) and you know five to six at night (5:00 P.M. – 6:00 P.M.). The other comment I have is about student housing. That question came up at the Informational Meeting for neighbors, and the Richland group told us they had no way of verifying whether someone is a student. I could show a fake ID and I can lease there. They have no way of contacting any of the schools to verify that I’m really a student. Thank you. SUPERVISOR MOORE Thanks Carol. The next speaker is Mike Stafford. MIKE STAFFORD, 32 ESSEX DRIVE Mike Stafford, 32 Essex Drive. I just wanted, one thing I want to reiterate with

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everybody is the traffic. I used to work right there seven to three (7:00 A.M. – 3:00 P.M.) right off of East River Road, traffic was horrendous at that time and that was a couple years back. I still go out there quite often to the same company and the traffic’s bad. And I know they mentioned a shuttle bus; is that guaranteed in any way and what hours would it run for, would they guarantee that that shuttle bus would run every hour on the hour for ten (10) years or twenty (20) years? The other thing is I, when they talk about the woods and everything, we can point to a project that was over on Jefferson Road, I believe it was the Saint John’s project, where the developer went in, ripped out a bunch of trees, the neighbors were up in arms because they destroyed their back yards and then the developer just, for other business reasons, decided not to build it and just left it. Now it’s an empty lot sitting there, where you drive down Jefferson Road just, what is it, just east of Winton and you can see it on your, you can see it anytime, so people can take a look at that. The other thing that I always ask, or always interested in finding out is the developer; if he gets a Special Permit to build this project, does he bring in a bunch of out-of-towners to build it or does he use local labor with our people, with our community people working on it? I know there was some issues several years ago with one of the RIT projects; I’m not sure if it was affiliated with RIT, where they actually had… SUPERVISOR MOORE It wasn’t, it was the Province. MIKE STAFFORD, 32 ESSEX DRIVE …where they actually had illegal workers there and they came in and arrested them, so I’d like to know what guarantees would they offer that it would be done by, done by local labor? And just a third (3rd) thing, on the buffer, the development that was behind my house had a buffer there for twenty (20) years and it was beautiful up until about nine (9) months ago, anybody that wants to look and see what can happen to your buffer too. Thank you. SUPERVISOR MOORE You’re welcome. Thanks Mike. The next speaker is Sally Howard. SALLY HOWARD, 24 KRAMER STREET Good evening. SUPERVISOR MOORE I need your name and address, Sally. SALLY HOWARD, 24 KRAMER STREET Sally Howard, 24 Kramer Street, I live on the other side of Henrietta, but I’m often on East River Road, and this is, I’d like to, seeing as this is a very important decision to

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consider and the following comments are from me as a resident, but I’d like to have myself listed as an interested party to be kept informed of the progress of the project and also the Federation of Monroe County Environmentalists. Because this parcel of land contains a deep valley and a hill of sandy, erodible soils, wetland, meadows, mature forest, stream and abundant wildlife and because this parcel of land is adjacent to the navigable waters of the Genesee River, and because the Genesee River currently does not meet state water quality standards and is part of the federally designated area of concern, which is the Rochester Embayment of Lake Ontario, and because the proposed housing development could negatively impact that area of Henrietta and the Genesee River, if it hasn’t already been done, I request a full State Environmental Quality Review (SEQRA) and with a positive declaration of negative impact and with all relevant municipalities and agencies and impacted parties informed. In the letter I have a list of possible impacts to consider and agencies and municipalities. Because this parcel of land is a large and beautiful open space bordering the navigable waters of the Genesee River and because this parcel of land is already a park-like setting with walking trails and landscaping already developed and because in the 2001 Comprehensive Plan update of Henrietta, agriculture and open space was the number one (1) priority by the Henrietta residents surveyed, and because of the Henrietta Comprehensive Plan, environmental goals include this, and because Henrietta has no public canoe launcher or fishing to access despite having boarders on both the Erie Canal and the Genesee River, and because there are funding opportunities to protect open space, and because Henrietta has only one (1) small park on either waterfront, and because it would preserve open space and create multiple recreation opportunities and preserve wildlife habitat and protect shore line and water quality, and these are all compatible with local and New York State goals, I request that this parcel of land be considered for purchase as a public park with amenities such as walking trails, picnicking, wildlife viewing, a small parking lot, public canoe launch, educational signage and perhaps a shelter that can be reserved for family and group events. This is a rare opportunity to have a park-like property on waterfront in Henrietta that could be conserved as a public park for us and future generations. It is our responsibility to carefully consider this opportunity before it is too late. Thank you. (Applause) SUPERVISOR MOORE Thank you Sally. The last speaker that signed up is Dower Krin. (From audience, Dower Chin, 126 Cape Henry Trail, “Chin. I’m all set sir, thank you.”) SUPERVISOR MOORE Are you? Okay. This concludes the public part of our Hearing. Is there anybody else that didn’t sign up that wants to speak? Seeing none, can I have a motion to close the

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Hearing? COUNCILMAN MULLIGAN I have one final question for Mr. Goldman. SUPERVISOR MOORE Sure, go right ahead. COUNCILMAN MULLIGAN On the roads, Mr. Goldman… JERRY GOLDMAN, WOODS OVIATT & GILMAN Yes. COUNCILMAN MULLIGAN …would they remain private or would they be dedicated over to the Town? JERRY GOLDMAN, WOODS OVIATT & GILMAN They are proposed to be private roads, there’s no intention to dedicate. COUNCILMAN MULLIGAN Water and sewer private or County Water Authority? (From audience, Jerry Goldman, Woods Oviatt & Gilman, “I’ll leave that to Mr. Eldred.”) DOUG ELDRED, P.E., BME ASSOCIATES The water main source for the (inaudible) water facilities would all be private. There’s a trunk sewer, so to speak that goes from the river over to East River Road. That section would be dedicated such that other people can tie into it… COUNCILMAN MULLIGAN Thank you. DOUG ELDRED, P.E., BME ASSOCIATES …of the community. COUNCILMAN MULLIGAN Thank you. DOUG ELDRED, P.E., BME ASSOCIATES It was a planned sewer group.

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COUNCILMAN MULLIGAN Okay. DOUG ELDRED, P.E., BME ASSOCIATES Other than that the sanitary sewer is private as well. SUPERVISOR MOORE Thank you. Is there some type of forum for some of the questions that have been asked tonight, that we could be able to answer them somehow, Jerry could you address that? Because there’s a lot of good questions that have been asked… JERRY GOLDMAN, WOODS OVIATT & GILMAN There were… SUPERVISOR MOORE …and I, we’ve got to come up with. (From audience, Jerry Goldman, Woods Oviatt & Gilman, “…there were a lot of good questions, you’re right, there were a lot of good questions and there were, while we were taking copious notes, there were also a lot of written statements which came out. Our intention is to, hopefully within the next week, provide a written response to all those for the benefit of the Board, obviously the Town is very good about making a lot of that information available to people. I know that there were point people within the Rivers Run neighborhood who also circulate that among their folks as well, so that hopefully will provide the responses.) SUPERVISOR MOORE So what type of timetable so I can hold you to it? (Laughter) (From audience, Jerry Goldman, Woods Oviatt & Gilman, “Well, we can say by the end of next week.”) SUPERVISOR MOORE Okay. That would be good, I’d appreciate that. Thank you. (From audience, Jerry Goldman, Woods Oviatt & Gilman, “Thank you.”) SUPERVISOR MOORE And I thank everybody for coming out on this cold night and being so attentive. Carol? (From audience, Carol Burritt, 620 Shore Drive, “Will the responses be put on the Town

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website?”) SUPERVISOR MOORE Yes, we’d be glad to. That shouldn’t be a problem. Could I have a motion to close this Public Hearing? COUNCILMAN BREESE I’ll move to close the Public Hearing. COUNCILMAN MULLIGAN Second. SUPERVISOR MOORE Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried SUPERVISOR MOORE We’ll take a little recess for everybody that would like to go home and keep warm, and we have a short business Meeting after this. Thank you. (Brief intermission at 8:05 P.M.) (Meeting re-opened at 8:14 P.M.) SUPERVISOR MOORE We’d like to go ahead and start our business Meeting if we could please. (Bell ring.) COUNCILMAN MULLIGAN Bell man’s out of control. SUPERVISOR MOORE Thank you. Could I have the first (1st) Resolution please?

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COUNCILMAN MULLIGAN I’m going to defer to Councilman Breese to read the finance Resolution because he’s the guy who reviewed the bills. COUNCILMAN PAGE Very good. COUNCILMAN BREESE There we go.

RESOLUTION #2-47/2015 On Motion of Seconded by Councilman Breese Councilman Page

BE IT RESOLVED, that the Director of Finance be authorized to pay the following bills payable:

Exhibit A Bills Payable dated 01/07/2015 $233,639.88 Exhibit B Manual Bills Payable dated 12/31/2014 $ 26,000.00

SUPERVISOR MOORE Discussion? Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried RESOLUTION #2-48/2015 On Motion of Seconded by Councilman Page Councilman Breese

WHEREAS, Charles W. Alderson, 632 John Street, being identified as Tax

Identification No. 161.03-1-5, wishes to connect to an existing sanitary sewer, and WHEREAS, the Town of Henrietta has offered to enter into an Out of District

Sanitary Sewer Contract with Charles W. Alderson, and

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WHEREAS, the Town Attorney has examined this Agreement and has found it to be in good order. THEREFORE, BE IT RESOLVED, that the Supervisor be hereby authorized to execute and deliver said Agreement by and between the Town of Henrietta and Charles W. Alderson. SUPERVISOR MOORE Discussion? Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried RESOLUTION #2-49/2015 On Motion of Seconded by Councilman Breese Councilman Mulligan

WHEREAS, the Fire Marshal/Building Inspector has requested authorization to

attend the New York State Building Officials Conference, Central Chapter, Inc., to be held at the Holiday Inn, located at Electronics Parkway, Liverpool, New York, on March 31, 2015 and concluding April 3, 2015, and

WHEREAS, funds are available in the year 2015 Budget, and WHEREAS, the Town Board supports and encourages additional training for all

Town employees. THEREFORE, BE IT RESOLVED, that Terry Ekwell, Fire Marshal/Building

Inspector, be hereby authorized to attend the conference at Liverpool, New York, at a cost not to exceed $975.00.

BE IT FURTHER RESOLVED, that all properly prepared vouchers be submitted to the Director of Finance for reimbursement. SUPERVISOR MOORE Discussion? Please call the roll.

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Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried RESOLUTION #2-50/2015 On Motion of Seconded by Councilman Mulligan Councilman Page

WHEREAS, Resolution #22-265/2006 authorized the Supervisor to sign the All Seasons County/Town Agreement for the provision of Town labor and equipment to perform various work for Monroe County for an initial period commencing on January 1, 2007 and ending on December 31, 2007 with the option of nine (9) one-year extensions, and

WHEREAS, the County of Monroe has submitted an Amendatory Agreement for 2015 containing updated labor reimbursement rates, and

WHEREAS, the Town of Henrietta desires to continue this Work Agreement with the County for the benefit of Henrietta residents.

THEREFORE, BE IT RESOLVED, that the Supervisor be hereby authorized to sign, on behalf of the Town, this Amendatory Agreement with Monroe County allowing the Town to continue to perform various work for Monroe County for the period commencing on January 1, 2015 and ending on December 31, 2015.

SUPERVISOR MOORE Discussion? Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried

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RESOLUTION #2-51/2015 On Motion of Seconded by Councilman Page Councilman Breese

WHEREAS, the Henrietta Public Library has requested that the following item be declared surplus material:

Inventory # Description 01046 Lateral 3 Drawer File (1978)

THEREFORE, BE IT RESOLVED, that the item listed above be declared surplus

material and be sent to the Parks and Facilities Department for disposal. BE IT FURTHER RESOLVED, that said item be removed from the Town’s

inventory list. SUPERVISOR MOORE Discussion? Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried RESOLUTION #2-52/2015 On Motion of Seconded by Councilman Breese Councilman Mulligan

BE IT RESOLVED, that the Town of Henrietta, Location Code 30209 hereby establishes the following as standard work days for its employees and will report days worked to the New York State and Local Employee’s Retirement System based on the time keeping system or the record of activities maintained and submitted by these members to the Clerk of this body:

Elected Officials Town Board Members 6 hours Appointed Officials Deputy Supervisor 7 hours

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Appointed Boards Zoning Board Members 6 hours Planning Board Members 6 hours Conservation Board Members 6 hours

SUPERVISOR MOORE Discussion? Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried RESOLUTION #2-53/2015 On Motion of Seconded by Councilman Mulligan Councilman Page

BE IT RESOLVED, that the Town Board of the Town of Henrietta appoint Supervisor Jack W. Moore as Delegate and William J. Mulligan, Jr., as Alternate Delegate to cast the vote of the Town of Henrietta, pursuant to §6 of Article III of the Constitution and By-Laws of the Association of Towns of the State of New York at the 2015 Annual Meeting to be held in New York City from February 15, 2015 through February 18, 2015. SUPERVISOR MOORE Discussion? Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried

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RESOLUTION #2-54/2015 On Motion of Seconded by Councilman Page Councilman Breese

WHEREAS, the Town of Henrietta formerly purchased the property located at 3850 East Henrietta Road, Henrietta, New York, Lookup Park, previously known as the Executive South Family Golf and Recreation Center, and WHEREAS, the Town of Henrietta desires to establish an Operating Agreement with the Henrietta Foundation, Inc. that will allow the Foundation to continue to use a portion of the premises and facility to further support their programs and to continue the availability of the Center to the public, and WHEREAS, both the Town of Henrietta and the Henrietta Foundation have proposed an Operating Agreement which will accomplish the aforesaid goals while allowing the Town to continue to consider possible future uses for the property. THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized to execute the proposed Operating Agreement between the Town of Henrietta and Henrietta Foundation, Inc., and that said Agreement is available for inspection in the office of the Town Clerk. SUPERVISOR MOORE Discussion? COUNCILMAN MULLIGAN Just under discussion, I think you mentioned this the other night, Councilman Page, we do have insurance from them? SUPERVISOR MOORE Yes, we will. It’s the same type of insurance we have for Riverton Golf Course, they have to provide us, as an additional insured certificate. COUNCILMAN MULLIGAN Thank you. SUPERVISOR MOORE Please call the roll.

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Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried RESOLUTION #2-55/2015 On Motion of Seconded by Councilman Breese Councilman Mulligan

WHEREAS, on October 1, 2014 a Public Hearing was held regarding Local Law No. 3 of 2014, a local law establishing a rental registry, but no decision was made and the Hearing remains open for consideration, and

WHEREAS, on December 17, 2014, Resolution #23-281/2014 adopted Local Law No. 4 of 2014, a local law amending the Town Code to allow New York State Town Law §278 Cluster Subdivisions to be permitted in RR Districts.

THEREFORE, BE IT RESOLVED, that because the original Local Law No. 4 of 2014 (dealing with Cluster Subdivisions) was the third Local Law to be enacted in 2014, said Local Law shall now be designated Local Law No. 3 of 2014.

BE IT FURTHER RESOLVED, that the Town Clerk shall file with the Secretary of State, as soon as possible, one (1) Certified copy of the Cluster Subdivision Local Law, hereafter to be referred to as Local Law No. 3 of 2014, and that said Law shall take effect immediately upon filing with the Secretary of State. SUPERVISOR MOORE Discussion? Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried

COUNCILMAN MULLIGAN Mr. Supervisor I have Resolution number, this should be number two (2), right?

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COUNCILMAN PAGE Yep. SUPERVISOR MOORE Yep. COUNCILMAN MULLIGAN We’ve got a one (1) here. SUPERVISOR MOORE I see that. RESOLUTION #2-56/2015 On Motion of Seconded by Councilman Mulligan Councilman Page

WHEREAS, it is customary each year for the Henrietta Town Board to set fees for the operation of recreation programs, and

WHEREAS, the Town Board has reviewed the following recommendations for the Henrietta Recreation Department Afterschool Program and they appear to be in order:

THEREFORE, BE IT RESOLVED, the aforementioned fees will be adopted for the

2015-2016 calendar school year. COUNCILMAN MULLIGAN …and if you want lower fees, I would suggest you move to Henrietta. SUPERVISOR MOORE Discussion? COUNCILMAN PAGE May I assume those fees are per month?

Registered for: Resident Fee Non‐resident Fee 

5 days  $210 $230 4 days  $180 $200 3 days  $135 $150 2 days  $90 $100 1 day  $45 $50

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SUPERVISOR MOORE Yes. Am I correct Jason? (From audience, Jason Kulik, Director of Parks and Recreation, “I believe they’re a year.”) COUNCILMAN PAGE A year. (From audience, Jason Kulik, Director of Parks and Recreation, “Oh I’m sorry.”) COUNCILMAN PAGE That’s, no I believe you’re right. It’s a school year, correct. (From audience, Jason Kulik, Director of Parks and Recreation, “Yes.”) COUNCILMAN PAGE I believe that’s correct. SUPERVISOR MOORE Yes, it’s a relatively low fee. COUNCILMAN PAGE It’s like twenty-one dollars ($21.00) a month; I just wanted to point that out to everybody. COUNCILMAN MULLIGAN Dirt cheap. JASON KULIK, DIRECTOR OF PARKS AND RECREATIONS Four (4) quarterly payments. COUNCILMAN MULLIGAN Four (4) quarterly payments. COUNCILMAN PAGE Oh, four (4) quarterly payments. Somehow I think that needs to be included in this Resolution. JASON KULIK, DIRECTOR OF PARKS AND RECREATION Okay.

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SUPERVISOR MOORE Could we go and amend the Resolution to put the term in for whatever the fees are? COUNCILMAN PAGE Yes, I’m going to make that motion right now. I make a motion to amend this Resolution. RESOLUTION #2-56/2015 On Motion of Seconded by Councilman Page Councilman Mulligan

WHEREAS, it is customary each year for the Henrietta Town Board to set fees for the operation of recreation programs, and

WHEREAS, the Town Board has reviewed the following recommendations for the Henrietta Recreation Department Afterschool Program and they appear to be in order, and

WHEREAS, the Afterschool Program operates over the calendar school year, with the fees being paid in quarterly installments as follows:

THEREFORE, BE IT RESOLVED, the aforementioned fees will be adopted for the 2015-2016 calendar school year. SUPERVISOR MOORE Discussion? COUNCILMAN MULLIGAN Just to be clear then, the five (5) days would not be two hundred and ten dollars ($210.00), it would be eight hundred and forty ($840.00)? COUNCILMAN BREESE That’s correct.

Registered for: QuarterlyResident Fee

QuarterlyNon‐resident Fee 

5 days  $210 $230 4 days  $180 $200 3 days  $135 $150 2 days  $90 $100 1 day  $45 $50

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SUPERVISOR MOORE That’s correct, the way I understand it, yes. And I’d like to thank Jason Kulik and Anita Tichacek for doing a lot of work to get to this point. Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried

RESOLUTION #2-57/2015 On Motion of Seconded by Councilman Page Councilman Breese

BE IT RESOLVED, that the following persons be hired: Susan Eisel-Brown Finance Department, Part Time Personnel

Analyst @ $22.00/hr. (provisional), effective January 5, 2015.

Lisa Mount Recreation Department, Seasonal Recreation

Attendant (Youth Basketball Instructor) @ $9.00/hr., effective December 15, 2014.

Joseph Driscoll Highway Department, Seasonal Wingperson @

$9.25/hr., effective November 30, 2014. Tina Wheeler Highway Department, Seasonal Wingperson @

$9.25/hr., effective November 30, 2014. SUPERVISOR MOORE Discussion? COUNCILMAN MULLIGAN This isn’t Jack Driscoll? SUPERVISOR MOORE No.

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COUNCILMAN PAGE No. SUPERVISOR MOORE This is his cousin, Joe. Please call the roll. Duly put to a vote: Councilman Mulligan voting Aye Councilwoman Zinck voting Absent Councilman Page voting Aye Councilman Breese voting Aye Supervisor Moore voting Aye

Carried SUPERVISOR MOORE That concludes our business portion of the Meeting, is there anybody in the audience that would like to speak on any subject? (Pause, no response.) Seeing none, can I have a motion for adjournment. The Regular Meeting of the Henrietta Town Board was moved for adjournment by Councilman Page, seconded by Councilman Breese at 8:27 P.M. and was adjourned without objection. Respectfully submitted,

Jennifer L. Miranda Deputy Town Clerk