Rush Town Board Minutes – 2008/02/13

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RUSH TOWN BOARD
Minutes of February 13, 2008
Regular Meeting
The meeting of the Rush Town Board was called to order by Supervisor William
Udicious at 7:00 PM on February 13, 2008, at the Rush Town Offices, 5977 East
Henrietta Road, Rush, New York. Everyone present participated in the Pledge of
Allegiance.
Present: Donald Knab, Councilman
Richard Anderson, Councilman
Thomas Doupe, Councilman
Lisa Sluberski, Councilwoman
William Udicious, Supervisor
Pamela Bucci, Town Clerk
Others Present: Jim Rumsey, West Henrietta Road
Al Simon, Thunder Ridge Drive
I. OPEN FORUM Supervisor Udicious invited anyone in the audience to address the
Board.
II. APPROVAL OF MINUTES January 23, 2008
Councilman Anderson commented that Page 3, under Old Business, Farmland
Preservation – The Town Board will request the Planning Boards recommendation of
location and number of acres to be preserved along with classification of the parcels
affected and impact on tax base.
RESOLUTION #65
A motion was made by Councilman Knab and seconded by Councilman Anderson that
the Regular Meeting Minutes of January 23, 2008, be approved with the following
additional comment: On Page 3, under Old Business, Farmland Preservation – The
Town Board will request the Planning Boards recommendation of location and number
of acres to be preserved along with classification of the parcels affected and impact on
tax base.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
III. TRANSFER OF FUNDS
Councilman Anderson moved that the following transfer of funds, #1 through #8 be
made and approved as follows:
Rush Town Board
February 13, 2008
2
BUDGET TRANSFERS 2/13/2008 – 2008 FUNDS
Transfer from the unexpended balance of an existing appropriation'(s).
Library Fund
Transfer Decrease Appropriation Increase Appropriation
Number Amount Account Description Account Description
1 628.00 L-9010.8 Employee Benefits – State Retirement L-9060.8 Employee Benefits
To Cover Blue Choice rate increase beyond plan.
Highway Fund
Transfer Decrease Appropriation Increase Appropriation
Number Amount Account Description Account Description
2 1,479.00 DA-9040.8 Employee Benefits DA-9060.8 Employee Benefits
Workers Compensation Health Insurance
To Cover Blue Choice rate increase beyond plan.
3 2,245.00 DA-9010.8 Employee Benefits – State Retirement DA-9060.8 Employee Benefits Health Ins.
To Cover Blue Choice rate increase beyond plan.
Appropriation of unreserved fund balance or unanticipated revenues
General Fund
Transfer Increase Revenue Increase Appropriation
Number Amount Account Description Account Description
4 19,600.00 A-3097 State Aid -Capital Projects A-1440.4 Engineering Contractual
Provide for remainder of Quality Communities Grant
5 25,000.00 A-3097 State Aid -Capital Projects A-1620.2
Building
Capital
Outlay
Reflect Grant for ADA Restrooms
6 6,750.00 A-599 Appropriated Fund Balance A-1440.4 Engineering Contractual
Town portion of ADA Restroom project
7 20,700.00 A-599 Appropriated Fund Balance A-1440.4 Engineering Contractual
Phase 1 Town Park engineering cost
Highway Fund
Transfer Increase Revenue Increase Appropriation
Number Amount Account Description Account Description
8 14,500.00 DA-2680 Insurance Proceeds DA-5130.4 Machinery Contractual
Reflect Insurance Settlement on 94 International
IV. APPROVAL OF ABSTRACT
RESOLUTION #66
Councilman Doupe moved BE IT RESOLVED, that having audited all the claims against
the funds listed on the abstract in the amount of $73,481.06 be allowed for vouchers
#107 through #207. Councilwoman Sluberski seconded the motion.
Roll:
Councilman Knab aye
Rush Town Board
February 13, 2008
3
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
V. CORRESPONDENCE
Supervisor Udicious – Earth Day Community Clean-Up is scheduled for April 26, 2008.
Delta Laboratories, Inc. has requested the towns continued participation. Resident
Hans Schmitthenner will again coordinate the event in Rush.
VI. REPORT OF OFFICERS AND COMMITTEES
A. Councilman Knab Clough Harbour will be conducting a seminar on Regional
Approach for Comprehensive Planning at the Association of Towns Annual
Meeting in New York City.
West Fire & Security call was activated regarding a leaking sprinkler valve at the
Town Hall. A repair has been made, the system recharged and the alarms
cleared. Davis-Ulmer will conduct its yearly inspection on Monday, February
18, 2008, at 9 AM.
B. Councilwoman Sluberski Annual Fishing Derby will be scheduled on Saturday,
June 21, 2008, Free DEC Fishing Day. A refrigerator for healthy snacks has
been donated to the Rush Afterschool Program.
C. Clerk Bucci Requested authorization to attend the New York State Town
Clerks Association Conference in Saratoga Springs, New York on April 27 30,
2008. Funds had been budgeted for the conference.
RESOLUTION #67
Councilman Knab moved that the Town Clerk be authorized to attend the New York
State Clerks Association Conference in Saratoga Springs, New York, April 27-30, 2008.
Councilman Doupe seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
VII. Public Hearing Local Laws 2008-2, 3 and 4
Local Laws 2008-2, 2008-3 and 2008-4 concern the raising of income limits to qualify
for exemptions from taxation for persons age 65 or over, persons with social security
classified disabilities and amending Article IV of the Code of the Town of Rush to be
entitled Cold War Veterans Exemption.
Rush Town Board
February 13, 2008
4
Town Clerk Bucci stated that the proper legal notice for these hearings were posted in
the towns legal newspaper and placed on the clerks bulletin board as required by law.
The hearing was declared open.
RESOLUTION #68
Councilman Knab moved that WHEREAS, the Town Board of the Town of Rush called
a public hearing for the consideration of the adoption of Local Law 2008-2-Tax
Exemptions Granted to Persons Age 65 or Over; and
WHEREAS, said public hearing on February 13, 2008, was held by the Town Board at
its regularly scheduled meeting on February 13, 2008 at 7:15 p.m. at the Rush Town
Offices, 5977 East Henrietta Road, Town of Rush, New York, whereby all persons at
the hearing desiring to speak on the matter were heard, all correspondence received on
the matter was read and these statement being duly considered by the Town Board;
NOW THEREFORE, upon consideration by the Town Board of all written and oral
submissions and testimony and public comment, and the Town Board having given this
matter due deliberation and consideration; it is
RESOLVED, that the adoption of Local Law 2008-2 constitutes a Type II action
pursuant to the New York State Environmental Quality review Action, 6 N.Y.S.R.R.
Section 617.5(24), which requires no determination of environmental significance; it is
FURTHER RESOLVED, that the Tax Exemption Granted to Persons Age 65 or Over,
as proposed in Local Law 2008-2, be adopted. Councilman Doupe seconded the
motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
RESOLUTION #69
Councilman Knab moved that WHEREAS, the Town Board of the Town of Rush called
a public hearing for the consideration of the adoption of Local Law 2008-3-Tax
Exemption Granted for Persons with Social Security Classified Disabilities ; and
WHEREAS, said public hearing on February 13, 2008 was held by the Town Board at
its regularly scheduled meeting on February 13, 2008 at 7:15 p.m. at the Rush Town
Offices, 5977 East Henrietta Road, Town of Rush, New York, whereby all persons at
the hearing desiring to speak on the matter were heard, all correspondence received on
the matter was read and these statement being duly considered by the Town Board;
Rush Town Board
February 13, 2008
5
NOW THEREFORE, upon consideration by the Town Board of all written and oral
submissions and testimony and public comment, and the Town Board having given this
matter due deliberation and consideration; it is
RESOLVED, that the adoption of Local Law 2008-3 constitutes a Type II action
pursuant to the New York State Environmental Quality review Action, 6 N.Y.S.R.R.
Section 617.5(24), which requires no determination of environmental significance; it is
FURTHER RESOLVED, that Tax Exemption Granted for Persons with Social Security
Classified Disabilities, as proposed in Local Law 2008-3, be adopted.
Councilman Sluberski seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
RESOLUTION #70
Councilman Knab moved that WHEREAS, the Town Board of the Town of Rush called
a public hearing for the consideration of the adoption of Local Law 2008-4 Amending
Article IV of the Code of the Town of Rush to be entitled Cold War Veterans
Exemption;
WHEREAS, said public hearing on February 13, 2008 was held by the Town Board at
its regularly scheduled meeting on February 13, 2008 at 7:15 p.m. at the Rush Town
Offices, 5977 East Henrietta Road, Town of Rush, New York, whereby all persons at
the hearing desiring to speak on the matter were heard, all correspondence received on
the matter was read and these statement being duly considered by the Town Board;
NOW THEREFORE, upon consideration by the Town Board of all written and oral
submissions and testimony and public comment, and the Town Board having given this
matter due deliberation and consideration; it is
RESOLVED, that the adoption of Local Law 2008-4constitutes a Type II action pursuant
to the New York State Environmental Quality review Action, 6 N.Y.S.R.R. Section
617.5(24), which requires no determination of environmental significance; it is
FURTHER RESOLVED, that Amending Article IV of the Code of the Town of Rush to
be entitled Cold War Veterans Exemption, as proposed in Local Law 2008-4, be
adopted.
Councilman Anderson seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Rush Town Board
February 13, 2008
6
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
Councilman Knab moved and be it resolved that there being no comments from the
audience or the board, the hearing be closed. Councilman Doupe seconded the
motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
VIII. OLD BUSINESS
1. Request for Re-zoning of Properties at 6115 and 6123 Rush-Lima Road from
Residential R-30 to Commercial (C) – Attorney Pavia noted that originally, the Petition to
rezone these properties was referred to the Planning Board and they recommended
rezoning the properties from a Residential R-30 to a Commercial (C).
RESOLUTION #71
WHEREAS, On August 22, 2007, The Town Board of the Town of Rush (the “Town
Board”) received a Petition from Gorsline Real Estate, Inc., on behalf of James Volpe
(“the Petition”), to re-zone properties located at 6115 and 6123 Rush-Lima Road in the
Town of Rush (the “Properties”), a letter of intent regarding the Petition, and a map
depicting the potential re-zoning; and
WHEREAS, the Properties are currently located within a R-30 zoning district; and
WHEREAS, the Petition sought to re-zone the Properties from R-30 Residential to a
RB-A(1) zoning designation; and
WHEREAS, on September 7, 2007, the Petitioner also submitted to the Town a Short
Environmental Form (“EAF”) regarding the Petition in accordance with the New York
State Environmental Quality Review Act (“SEQRA”); and
WHEREAS, subsequent to receiving the Petition and the EAF from the Petitioner, the
Town Board referred the Petition to the Town of Rush Planning Board (the “Planning
Board”) to study the Petition and make a recommendation to the Town Board regarding
the re-zoning request; and
WHEREAS, on October 31, 2007, the Planning Board reported to the Town Board on the Petition and recommended that the Town Board consider re-zoning the Properties from R-30 Residential to Commercial; and
WHEREAS, by Resolution dated September 12, 2007 the Town Board declared itself lead agency for purposes of conducting an uncoordinated review of the Petition pursuant to SEQRA and classified the Petition as an unlisted action pursuant to 6
N.Y.C.R.R. § 617.6; and
WHEREAS, the Town Board duly called a public hearing for consideration of the re-zoning of the Properties and gave due notice thereof as required by law; and
WHEREAS, a public hearing on the Petition was held by the Town Board at the Rush Town Hall on the 12th day of December, 2007 at 7:30 p.m.; and
WHEREAS, on December 11, 2007, the Town Board received comments from the Monroe County department of Planning and Development ( MCDPD) in response to the Petition and EAF being filed by the Petitioner.
NOW, THEREFORE, upon consideration by the Town Board of the Petition, and the
other materials submitted by Petitioner, including the short EAF, and the Town Board
having given the submitted documentation materials, as well as the recommendation
made by the Planning Board, due consideration; it is hereby
RESOLVED, that the Town Board has taken a hard look at the Petition and has considered the Petition in conjunction with the requisite criteria set forth at 6 N.Y.C.R.R. § 617(c) of the SEQRA regulations, and finds that the Petition does not pose a potential significant adverse environmental impact requiring further review pursuant to SEQRA; and it is further
RESOLVED, that pursuant to SEQRA, the Town Board issues a Negative Declaration for the Petition, thus concluding its SEQRA review; and it is further
RESOLVED, that the Petitioner shall comply with all of the requests and comments submitted by the MCDPD regarding the Petition; and it is further
RESOLVED, that the Town Board considers the Petition, as revised by the recommendation made by the Planning Board, to be consistent with the Town of Rush’s Comprehensive Plan and the overall planning goals set forth therein; and it is further
RESOLVED, that Section 120-3 of the Code of the Town of Rush which incorporated by reference the Official Zoning Map for the Town of Rush kept on file with the Town of Rush Town Clerk, is hereby amended so that the Properties are re-zoned from a R-30 residential zoning designation to a Commercial zoning designation; and it is further
RESOLVED, that said amendment shall constitute “Local Law No. 1 of 2008” as attached hereto and shall be entered into the minutes of the meeting of the Town Board of the Town of Rush held on the 13th day of February, 2008, and it is further
RESOLVED, that said local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the New York Municipal Home Rule Law; and it is further
RESOLVED, that notice of this Resolution shall be filed and circulated to the extent required by any applicable provision of the Code of the Town of Rush and/or any relevant statute or regulation.
That within Resolution was moved by Councilman Knab, seconded by Councilman Doupe and was voted upon by the Counsel Members of the Town Board at a regular meeting as follows:
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
2. Update on Dam Study In response to the dam engineering report sent out last month, Supervisor Udicious received calls from Assemblymember Susan John, Governor Eliot Spitzer and Senator James Alesi’s offices.
3. Update on development of recreation areas Supervisor Udicious will be meeting with architect Majed El Rayess on February 22 to discuss modifications the DEC has requested, Phase I adjustments to be made and bidding process.
VIIII. NEW BUSINESS
1. 2008 Monroe County Legal Agreement for Youth Services These services are available from Monroe County with matching funds.
RESOLUTION #72
Councilman Knab moved that authorization be given to enter into an agreement with Monroe County for Youth Services for 2008. Councilman Anderson seconded the motion.
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
1. Audit Inspection of Town Court 2007 receipts, dockets and bank books Councilman Doupe and Councilwoman Sluberski will perform a sampling audit inspection of town court financial documents.
2. Establish Public Hearing date for Amending Local Law providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Buildings Code of Article 1203. A public hearing has been scheduled for March 12, 2008, 7:15 PM in the Rush Town Hall. Appropriate legal notices will be posted.
X. OPEN FORUM
Supervisor Udicious invited anyone in the audience to address the Board.
XI. EXECUTIVE SESSION
Supervisor Udicious motioned to move the meeting into Executive Session at 7:40 PM to discuss a pending litigation matter of a code violation.
Councilman Knab moved to return to regular session of the meeting at 7:50 PM.
The Board returned to regular session and the meeting was adjourned at 8:00 PM by common consent of all board members.
Respectfully submitted,
Pamela J. Bucci
Town Clerk


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