Rush Town Board Minutes – 2008/03/26

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RUSH TOWN BOARD
Minutes of March 26, 2008
Regular Meeting
A regular meeting of the Rush Town Board, County of Monroe, was called to order by
Supervisor Udicious at 7:00 PM on March 26, 2008, at the Rush Town Offices, 5977
East Henrietta Road, Rush, New York. Everyone present participated in the Pledge of
Allegiance.
PRESENT: Richard Anderson —– Councilman
Thomas Doupe —– Councilman
Lisa Sluberski —– Councilwoman
William Udicious —– Supervisor
Pamela Bucci —– Town Clerk
Frank Pavia, Esq. —– Attorney for the Town
EXCUSED: Donald Knab —– Councilman
OTHERS PRESENT: Jim Rumsey —– Resident
I. OPEN FORUM Supervisor Udicious invited anyone in the audience to address the
Board.
II. APPROVAL OF MINUTES March 26, 2008
RESOLUTION #84-08
Councilman Anderson moved that the Minutes of March 12, 2008, meeting be approved
as written. Councilwoman Sluberski seconded the motion.
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
III. TRANSFER OF FUNDS
Councilman Doupe moved that having audited all appropriations against the general
funds listed in the amount of $3,230.00 be allowed for transfers #1, Account A-1990.4
Contingency Contractual to Account A-1110.2 Court Capital Outlay, for $2,950.00 to
cover court woodwork, tables and podium; and transfer #2, Account A-3098 State Aid-
Other, for $280.00 to Account A-1110.2 Court Capital Outlay, providing for unplanned
court equipment grant. Supervisor Udicious seconded the motion.
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
IV. APPROVAL OF ABSTRACT
RESOLUTION #85-08
Councilman Anderson moved that having audited all the claims against the funds listed
on Abstract #6 in the amount of $85,975.24 be allowed for vouchers #323 through #390.
Councilman Doupe seconded the motion.
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
V. CORRESPONDENCE
A. The State Controller Thomas DiNapoli’s Office is offering Town Officials a Spring
Teleconference on Local Government and School Accountability on April 22, 2008,
at the Monroe County Cornell Cooperative Extension, Highland Avenue,
Rochester.
VI. REPORT OF OFFICERS AND COMMITTEES
A. Councilman Anderson attended a Quality Committees breakfast presented by
Larsen Engineers regarding green initiatives where an overview was given on
sustainable green communities.
Also attended was the NYS Transportation Enhancement Grant Kick-off. A further
meeting with the Department of Environmental Conservation defined the grants to
be transportation by way of a trail system. Conserving space in NYS and the
importance of acquisition of properties now for the future were key topics.
Councilman Anderson, Councilman Doupe, Councilwoman Sluberski and
Supervisor Udicious attended the Rush-Henrietta School Board pre-budget meeting
for the district presented by Superintendent Dr. Kenneth Graham.
B. Councilman Doupe As liaison to the Board of Fire Commissioners, and
having attended their March meeting, the Rush Fire Chief complimented the
improvements of communication taking place between the Fire Department and the
new Town Fire Marshal, Richard Tracy.
Supervisor Udicious added that Mr. Tracy has also been covering where needed
while Gerry Kusse, Code Enforcement Officer/Building Inspector, is recuperating
from surgery. Terry Rech, Building Inspector of the Town of Wheatland, has also
assisted where needed in Mr. Kusses absence.
C. Councilwoman Sluberski A court audit has been performed and a memo
regarding findings has been furnished to all board members.
The Rush Summer Program, partially funded by the Monroe County Youth
Bureau, has been revised to solely serve children of Rush. A nominal fee may
be charged.
VII. OLD BUSINESS
RESOLUTION #86-08
1. Resolution to Adopt Local Law #5-2008, Providing for the Administration and
Enforcement of The New York State Uniform Fire Prevention And Building Code.
In order to fully enact Local Law #5-2008, which was approved at the March 12,
2008, Town Board Meeting, Councilman Anderson read the following resolution.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF RUSH AS FOLLOWS:
WHEREAS, the New York State Legislature has adopted new legislative requirements
for the administration and enforcement of the New York State Uniform Fire Prevention
and Building FOLLOWS:
WHEREAS, the New York State Legislature has adopted new legislative
requirements for the administration and enforcement of the New York State
Uniform Fire Prevention and Building Code (the “Building Code”) and the State
Energy Conservation Construction Code (the “Energy Code”); and
WHEREAS, the State of New York requires that all municipalities wherein the
Building Code and Energy Code are enforced to adopt the new procedures as
set forth in Part 1203 of Title 19 of the N.Y.C.R.R.;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Rush does
hereby adopt Local Law #5 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 26th day of March 2008; and it is further
RESOLVED, that Local Law #5 of 2008 shall replace and amend Chapter 36 of
the Code of the Town of Rush; and it is further
RESOLVED, that except as otherwise provided in the Building Code and the
Energy Code, other state law, or another provision of the Code of the Town of
Rush, all buildings, structures, and premises, regardless of use or occupancy, are
subject to the provisions of Local Law #5 of 2008; and it is further
RESOLVED, that the adoption of Local Law #5 of 2008 is exempt from review
under the New York State Environmental Quality Review Act pursuant to 6
N.Y.C.R.R. ยงยง 617.5(c)(19) and (27); and it is further
RESOLVED, that the 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.
The adoption of the foregoing resolution was moved by Councilman Anderson,
seconded by Councilman Doupe, and duly put to vote, which resulted as follows:
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
VIII. NEW BUSINESS
1. Update on Legislative Initiative of the Dam – Assemblymember Susan John
answered Supervisor Udicious request for financial support by applying for
2008-2009 municipal assistance, unrestricted municipal aid to the Town of Rush.
If other dam financial support is received, monies from this initiative could be
used for other municipal projects.
2. Both Councilman Doupe and Councilwoman Sluberski submitted their findings of
the Rush Town Court audit for board review.
3. Request of Co-location of Cell Tower Verizon has submitted a full-size drawing
of a co-location on the cell tower for board review. Attorney Pavia made
comments relative to a possible agreement. Board discussion will follow at a
later date.
IX. OPEN FORUM
Supervisor Udicious invited anyone in the audience to address the Board.
Mr. Rumsey asked if the co-location of the cell tower on town property meant that an
additional tower would be placed on site. Councilman Anderson answered that it would
be located on the same tower but would enlarge the current fenced enclosure.
With no further business, a motion was made by Councilman Doupe and the meeting
was adjourned at 7:26 PM by common consent of all board members.
Respectfully submitted,
Pamela J. Bucci
Town Clerk


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