Rush Town Board Meeting Minutes – 2008/07/09

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RUSH TOWN BOARD
Minutes of July 9, 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 July 9, 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
William Udicious —– Supervisor
Pamela Bucci —– Town Clerk
Frank Pavia —– Attorney for the Town
EXCUSED: Lisa Sluberski —– Councilwoman
OTHERS PRESENT: Don Kabes —- Resident
Theresa Kabes —- Resident
Dave Luca —- National Railway Historical Society
Jeremy Tuke —- National Railway Historical Society
Gerald Kusse —- Resident, Code Enforcement Officer
Kirsten Flass —- Resident, Library Director
Rick Spencer —- Resident
I. OPEN FORUM Supervisor Udicious informed the audience that copies of Rules and
Procedures for Town Board meetings are available at the meeting sign in table.
Supervisor Udicious invited anyone in the audience to address the Board.
Rick Spencer presented the word “eutrophication” which means the process by which a
body of water becomes enriched in dissolved nutrients that stimulate the growth of aquatic
plant life usually resulting in the depletion of dissolved oxygen. Mr. Spencer believes that
the Stonybrook Park pond is experiencing eutrophication and the pond should be raked
out so that it can continue to be used as a fishing spot to residents.
Supervisor Udicious will investigate.
Theresa Kabes requested follow-up regarding a matter of concern in registering their child
with food allergies at the Rush After School Program during the coming school year.
Attorney Pavia noted that registration was complete and that he would discuss their
concerns after the meeting.
II. APPROVAL OF MINUTES June 11, 2008
RESOLUTION #103-08
Councilman Doupe moved that the Minutes of June 11, 2008, meeting be approved.
Councilman Anderson seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.
III. TRANSFER OF FUNDS
RESOLUTION #104-08
Councilman Anderson stated Be It Resolved, that having audited all the appropriations
against the funds listed on Abstract #12 in the amount of $73,050.00 be allowed for
transfers #1 through #9.
Transfer from Unexpended balance of an existing appropriation
Highway Fund
Transfer
Number Amount Account Description Account Description
1 7,500.00 DA-5142.4 Town Snow Removal
Contractual DA5130.4 Machinery Contractual – to cover unforeseen machinery expenditures
2 19,750.00 DA5148.4 Service to Other Government
Contractual DA5130.4 Machinery Contractual to cover unforeseen machinery expenditures
3 3,000.00 DA5148.1 Services to Other Government
Personal Services DA 5130.4 Machinery Contractual to cover unforeseen machinery expenditures
4 2,000.00 DA-5142.1 Town Snow Removal –
Personal Services DA5130.4 Machinery Contractual to cover unforeseen machinery expenditures
5 15,000.00 DA5112.1 Road Construction Personal
Services DA-5140.1 Misc./Brush/Weeds, Personal Services
6 500.00 A1440.4 Engineering Contractual
cover grant clerical assistance A1440.1 Engineer Personal Services
7 300.00 A-1990.4 Contingency Contractual
cover dog boarding fees A3510.4 Dog Control Contractual
Appropriation of unreserved fund balance or unanticipated revenues
General Fund Increase Revenues/Decrease Fund Balance
Transfer
Number Amount Account Description Account Description
8 13,000.00 A2410 Rental Revenue A-1620.48 Building Rental Property to cover costs of
rental at 1911 Rush Scottsville Road
9 12,000.00 A2410 Rental Revenue A1620.2 Building Capital Outlay to cover upgrades
at 1911 Rush Scottsville Road
Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.
IV. APROVAL OF ABSTRACT # 12
RESOLUTION #105-08
Councilman Doupe stated Be It Resolved, that having audited all the appropriations
against the funds listed on Abstract #12 in the amount of $62,934.79 be allowed for
vouchers #690 through #744. Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.
APROVAL OF ABSTRACT #13
RESOLUTION #106-08
Councilman Doupe stated Be It Resolved, that having audited all the appropriations
against the funds listed on Abstract #13 in the amount of $13,524.33 be allowed for
vouchers #745 through #788. Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.
V. CORRESPONDENCE
None.
VI. REPORT OF OFFICERS AND COMMITTEES
A. Councilman Knab A mason has been contacted regarding restoration of the Town
Hall front steps and patio sealing. Quotes will be provided to the Town Board.
B. Councilman Anderson The Farmland Preservation Committee met to discuss a
number of alternatives. He reported on his visit to Batavia regarding the implementation
grant from New York State. Pertinent information will be forwarded to both Town and
Planning Boards.
C. Library Director Flass – The Board of Trustees met. After meeting with the Rotary
Club, the gazebo project is scheduled to begin at the end of July and be complete by
Labor Day. Brocollo Landscaping will be providing a landscaping design for board
approval.
The Library’s “first time” Beer Tasting Event will commence on August 9, 2008, at 6:30 PM
at The Rush Creekside Bar & Grill.
D. Town Clerk Bucci – (1) The Town Clerk’s Office is now part of the NYSDEC Pilot
Program and has become accessible to high speed connection making the wait time
during high volume licensing time shorter. (2) Dog licenses are being simultaneously
updated with the New York State Department of Agriculture and Markets system as well as
updating old records within both systems and with the Dog Control Officer. (3) With
appropriate approval, town, county and school taxes will be processed in a new, more
efficient manner. (4) Passport purchases in the Town of Rush may become a possibility,
thus increasing revenue.
VII. OLD BUSINESS
A. Updates on Repair of the Rush Dam Repair of the Rush Dam will now cost $140,000;
A $120,000 grant was awarded by New York State and an additional grant given by
Assemblywoman Susan John in the amount of $40,000 for unrestricted funds (municipal
aid).
The New York State Department of Environmental Conservation has approved the
movement of soil in the 100 year floodplain. The Highway Department will proceed with
their work detail.
B. Update on Quality Communities Project Councilman Anderson reported that a
meeting was held on June 24 covering ancillary data. They also reviewed excerpts of
maps. Comments are due in August for a final report in September.
MOVE TO SCHEDULED PUBLIC HEARING – PUBLIC HEARING Local Law#6-2008 – A
LOCAL LAW FOR FLOOD DAMAGE PREVENTION AS AUTHORIZED BY THE NEW
YORK STATE CONSTITUTION, ARTICLE IX, SECTION 2, AND ENVIRONMENTAL
CONSERVATION LAW, ARTICLE 36
Supervisor Udicious declared the Public Hearing open at 7:15 PM. Clerk Bucci stated that
the Notice of said Public Hearing was duly published in the Rush-Henrietta Post on the
25th day of June, 2008. Said local law provides for consideration of replacement of the
current Chapter 65 of the Rush Town Code Implementation of the New Floodplain
Prevention Requirements as required by FEMA (Federal Emergency Management
Administration). Said proposed ordinance provides protection to property owners by
maintaining favorable flood insurance rates for residents.
Councilman Anderson and Code Enforcement Officer Kusse further discussed that the
code replacement stated that independent of any Town Board action, residents requesting
a variance in the floodplain would appear before the Zoning Board of Appeals.
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF RUSH AS FOLLOWS:
WHEREAS, the Environmental Protection Agency has adopted new legislative
requirements for the administration of the floodplain management requirements of the
National Flood Insurance Program contained in 44 C.F.R. § 60.3; and
WHEREAS, the State of New York requires that all municipalities comply with the
floodplain management requirements of the National Flood Insurance Program contained
in 44 C.F.R.§ 60.3; and
WHEREAS, the New York State Department of Environmental Conservation has
recommended optional administrative provisions for the proper administration of the
National Flood Insurance Program.
NOW, BE IT RESOLVED, that the Town Board of the Town of Rush hereby adopts
Local Law #6 of 2008, as attached hereto, and shall be entered into the minutes of the
meeting of the Town Board of Rush held on the 9th day of July; and it is further
RESOLVED, that Local Law #6 of 2008 shall replace in its entirety the existing
Chapter 65: Flood Damage Prevention of the Code of Town of Rush; and it is further
RESOLVED, that the Town Board is acting as Lead Agency for SEQRA purposes
and has determined that the passage of Local Law #6 of 2008 is an Unlisted Action as
defined in 6 N.Y.C.R.R. §§ 617.2(ak); and it is further
RESOLVED, that the Town Board has conducted an uncoordinated review of this
action, concludes that no potential significant adverse environmental impact exists, thus
issues a Negative Declaration pursuant to SEQRA; and it is further
RESOLVED, that Local Law #6 of 2008 shall take effect immediately upon its filing
in the office of the Secretary of the 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.
Being no further comments on the hearing, Supervisor Udicious moved and Councilman
Knab seconded to close the hearing at 7:20 PM.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.
The regular meeting was convened at 7:24 PM.
GUEST PRESENTATION: National Railway Historical Society – Rochester Chapter –
Land Acquisition Request from State of New York. Jeremy Tuke, past President of the
National Railway Historical Society Rochester Chapter, addressed the Board on the
specifics for their request. The Society is developing a passenger excursion in conjunction
with Livonia and Lakeland Railroad run out of the Town of Sodus. The Society would like
access to lands to the west comprised of a parcel from the town line on north, 251 on the
south, LAL Railroad on the east and the Genesee River on the west. There is a legislative
bill drafted with the approval of Senator James Alesi and Assemblywoman Susan John
conveying approximately 100 acres of land to the National Railway Historical Society
through legislative means. Both legislative houses have approved the bill. It is now in
Governor Patterson’s office and he is not inclined to sign the bill. Assemblywoman John is
working on a plan to convey property to the Town of Rush and then the Town could lease
the property back to the Historical Society. Mr. Tuke requested that after further
discussions with both legal counsels, a resolution be passed allowing the Supervisor to
accept the property under discussion on behalf of the Town of Rush. The Town could then
lease the parcel back to the Historical Society.
The Board will review the materials presented and discuss at a future date.
VIII. NEW BUSINESS
A. Renewal of the Cable Television Franchise Time Warner Cable Agreement expires
on March 14, 2011. A less formal renewal procedure may be adopted by a municipalities.
The Board will review and discuss at the August meeting.
RESOLUTION #107-08
Councilman Knab made a motion authorizing the Supervisor to open the dialog with Time
Warner Cable for a less formal renewal procedure. Councilman Anderson seconded the
motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.
B. Mileage Rate for Town Business The Internal Revenue Service has increased the
mileage rate mid year effective July 1, 2008, from .505 cents to .585 cents.
RESOLUTION #108-08
Supervisor Udicious made a motion, based on the Internal Revenue Service ruling to
amend the Town’s mileage reimbursement rate from .505 to .585 cents per mile effective
July 1, 2008, retroactively. Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.
IX. OPEN FORUM
Supervisor Udicious invited anyone in the audience to address the Board.
Rick Spencer advised the Board that cable service prices are not always the same from
request to request and he would prefer to only pay for the channels he selects.
X. EXECUTIVE SESSION
Supervisor Udicious motioned to move the meeting into Executive Session at 7:45 PM to
discuss potential acquisition of property and discuss employment history of one employee.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.
Councilman Knab moved to return to regular session of the meeting at 8:05 PM.
Resolution #109-08
Councilman Knab made a motion to authorize Supervisor Udicious to enter into contact
negotiations to acquire a piece of real property for the town. Motion was seconded by
Councilman Doupe.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious
aye carried.
RESOLUTION #110-08
Councilman Knab made a motion to acknowledge the appointment Meribeth Palmer as
Deputy Town Clerk, Step 3, as recommended by the Town Clerk effective July 14th.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.
With no further business, a motion was made by Councilman Knab and the meeting was
adjourned at 8:10 PM by common consent of all board members.
Respectfully submitted,
Pamela J. Bucci
Town Clerk


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