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April 28, 2007
Rush Town Board Minutes - 2007/04/25
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Rush Town Board
April 25, 2007
A regular meeting of the Rush Town Board was held on April 25, 2007 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.
Present: Councilman Donald Knab
Councilman Richard Anderson
Councilman Thomas Doupe - late
Councilwoman Lisa Sluberski
Supervisor William Udicious
Others: Frank Pavia, Attorney for the Town of Rush
Joan Starkweather, Middle Road
Harvey Seymour, Middle Road
Pamela Bucci, West Henrietta Road
I Approval of Minutes
RESOLUTION #99
Councilman Anderson moved that the minutes of the regular Rush Town Board meeting of April 11, 2007 be approved as presented.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
II Approval of Abstract
RESOLUTION #100
Councilman Knab moved BE IT RESOLVED, that having audited all the claims against the funds listed on the abstract, I move that all claims in the amount of $17,394.21 be allowed for vouchers #364 through #407. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
III Correspondence
1. Henry Corneles, P.E. re leaving firm of Corneles Engineering. Supervisor Udicious explained that the staff that the town has worked with in the past will be remaining with the firm.
IV Reports of Officers and Committees
1. Town Board –
Councilman Knab stated that he had forwarded to each Board member a description of the position of Coordinator of Emergency Preparedness. The description is very brief. After discussion the board agreed that at the next meeting they would determine if they wished to create the position, how much it would pay and how they wished to advertise for applicants.
Mrs. Starkweather asked what the Emergency Preparedness Coordinator did. It was explained that the person would coordinate the town’s response to any disaster, natural of other wise, as well as participate in the planning process for POD (Point of Distribution) and NIMS (National Incident Management System).
Councilman Anderson reported on the Planning Board meeting and the approval of an application by Cricket Communications to co-locate on an existing cell tower on the Moore farm.
He also voiced the Planning Board’s request for a reply to the Board’s recommendations on Farmland Preservation and the requested rezoning of the Dorschel property on Routes 15 and 251. Supervisor Udicious stated that he would draft a memo to the Planning Board and address the Board’s recommendations.
Councilwoman Sluberski reported on the POD meeting she attended in Honeoye Falls where a report was given on the exercise held at the Dome last month. She stated that the county felt that generally the exercise went well but that there were a number of areas that needed improvement. In particular there were a number of areas where more help would be needed were identified. The form that participants were asked to fill out will be revised. An individual from BOMAC has volunteered to help with strategy. A June training session is planned and it is hoped that each town will have names of individuals that can act as POD Managers and operation chiefs.
2. Supervisor - Supervisor Udicious stated that he has been receiving solicitation calls from energy suppliers and he gave the board the material received from NYSEG. He also stated that he has asked Pro Energy for additional information on rate policies.
Finance Director Reynolds replied to the FOIL request from the D&C for salary and benefit information on all town employees for the last five years. Since the town does not have the information in the format requested, a price for creating the records was given and no reply from the D&C has been received.
V Old Business
1. Planning Board/Zoning Board Training Requirements – Supervisor Udicious explained that as a result of the letter from ZBA Chair Don Van Lare regarding recommended forms that training might take, the matter has been referred to the Attorney for the Town for research.
Attorney Pavia explained that he felt the resolution passed by the Town Board was flexible enough in nature to allow most forms of education that were being proposed. He cautioned that the materials used for meeting the state requirement be from a recognized provider and not just any article written. Attorney Pavia stated that he would draft a memo to both Planning and Zoning with the results of his research.
2. Log Jam on Honeoye Creek – Supervisor Udicious stated that the required permit has been obtained from the DEC and would be passed on to Wolcott Construction. Attorney Pavia has drafted a release for the property owners to sign that will allow their properties to be crossed by the contractor in order to reach the creek and to address removing the jam.
3. Sports Field/Nature walk project – Supervisor Udicious explained that Councilman Anderson, Councilwoman Sluberski, Majed El Rayess, Recreation Supervisor Stephens and he had met last week to review the grant proposal since cost figures must be submitted for the grant before the town will be given a contract. The town must show the portion that will be provided in order to obtain the matching funds. Once a contract has been signed than any charges for the project can be charged against the funds.
4. Employee Manual – Supervisor Udicious reiterated that he was anxious to get this matter settled after over a year of working on the revision. The Library has submitted some items for the board’s consideration now that the Highway Superintendent’s concerns have been addressed. After discussion it was agreed that an effective date of the Revised Employee Manual will be Sept. 1st and that employees will be given at least 30 days to review the manual and implementation of any changes required can be made.
VI New Business
1. Board of Assessment Review – Supervisor Udicious stated that the resignation of Charles Hughes has been received and that there now is an opening on the Board of Assessment Review. The position will be advertised in the Newsletter and placed on the Website.
2. Disposal of Computer Equipment – Outdated computer equipment has been found in the basement that had previously been used by the library. The equipment is no longer needed and Supervisor Udicious suggested that it be declared surplus equipment and donated to the State School at Industry.
RESOLUTION #101
Councilman Knab moved that the Supervisor be authorized to dispose of the surplus computer equipment that was formerly used by the Library and donate that equipment to the State School at Industry. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
3. Property at 1911 Rush Scottsville Road - Supervisor Udicious stated that the Town Board needed to develop a plan for the use of the building at 1911 Rush Scottsville Road, at least in the short term. There is currently one tenant CP Ward, who is working on the Route 15 bridge reconstruction.
Councilman Knab suggested that a Phase I feasibility study be performed by the architect to determine any possible municipal use that the building could be used for and determine the cost of bringing the building up to current code standards for that use.
Supervisor Udicious stated that he would favor putting the property in the hands of a realtor to act as a rental agent and rent the apartments for a short term until a decision on the future use of the building is determined.
RESOLUTION #102
Councilman Knab moved that the Supervisor be authorize to
enter into a contract with Majed Rayess to conduct a Phase I feasibility study of the structure at 1911 Rush Scottsville Road to determine its use as a municipal building. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
RESOLUTION #103
Councilman Knab moved that the Supervisor secure the services of a realtor to act as a rental agent to handle the renting of the apartments at 1911 Rush Scottsville Road on a short term basis. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
Open Forum
Joan Starkweather of Middle Road asked if the nature trail would work in with the Linear Park. Supervisor Udicious stated that the trail would run along the edge of the town property, about 1 mile in length, and be similar to the Linear Park but since it was prone to flooding it may be just a cleared area.
In answer to Mrs. Starkweather’s question on the new BAR member, she was told that it must be a town resident.
In reply to the status of the former Big M (Rush Market & Deli), Attorney Pavia stated that the matter was in litigation and could not be discussed.
Councilwoman Sluberski stated that she had received a complaint from a resident of Route 251 about the cars speeding in the area of the hamlet. The sheriff’s department has been contacted and will treat the area as an area of interest and try to put patrol cars in the area at the times of the most frequent speeding. Any speed signs would need to be cleared with the NYS DOT since it is a state road.
Also, Councilman Sluberski suggested that a new survey be done to determine what residents would like to see developed in the area behind the town hall. She felt that the previous survey with only 250 responses was not a good sampling of the town residents.
Supervisor Udicious explained that the grant obtained to be used on the Phase I property development was based on the plan that now is approved. Any major change to the plan might result in the loss of those grant funds. The tennis courts were dropped from the plan, he explained, in order to reduce the project cost and allow it to be done with funds on hand. It is too late to go back now on Phase I.
Councilman Anderson asked approval to continue to investigate an energy audit of all town facilities that is being offered and that the application fee of $400 will be returned if savings can be shown.
Councilman Anderson also volunteered as the liaison to the Planning Board to try and establish a dialog between the Town Board and the Planning Board on the best approaches to the preservation of agricultural land within the town.
Councilman Knab moved that as there was no further business that the Town Board meeting be adjourned. Councilman Anderson seconded the motion and the board was all in favor.
Time: 8:10 p.m.
Respectfully submitted,
Linda G. Henry
Rush Town Clerk
Posted by gmadore at 12:08 PM
April 15, 2007
Rush Town Board Minutes - 2007/04/11
Download full PDF of these notes.
April 11, 2007
Rush Town Board
A regular meeting of the Rush Town Board was held on April 11, 2007 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.
Present: Councilman Donald Knab
Councilman Richard Anderson
Councilwoman Lisa Sluberski
Supervisor William Udicious
Absent: Councilman Thomas Doupe – excused
Others: Frank Pavia, Attorney for the Town of Rush
Steven King, Highway Superintendent
Gerald Kusse, Code Enforcement
Jeffrey Starkweather, Middle Road
Gerald Farrell, Rush West Rush Road
Jessica Gaspar – Henrietta Post
I Approval of Minutes
RESOLUTION #92
Councilman Knab moved that the minutes of the meeting of March 28, 2007 be approved with the correction on page 4, resolution #88, Councilwoman Sluberski voted nay. Councilwoman Sluberski seconded the motion
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
II Approval of Abstract
RESOLUTION #93
Councilman Knab moved BE IT RESOLVED, that having audited all the claims against the funds listed on the abstract, I move that all claims in the amount of $26,600.39 be allowed for vouchers #324 through #363. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
III Correspondence
1. Supervisor Udicious stated that he had received a FOIL request from the D&C concerning the salaries and titles of all town employees for the last five years. A letter of acknowledgement of the request has been sent and Director of Finance Reynolds will gather the information requested.
IV Reports of Officers and Committees -
1. Town Board - Councilman Knab stated that he is still in the process of obtaining estimates for the roof and gutter repair work that will address the ice jam problem. He is also forwarding to the board members the job description for the Emergency Management Officer.
2. Councilman Anderson stated he had attended a seminar for obtaining grants for job training.
3. Councilwoman Sluberski reported that planning for the Fall Festival was underway and would include an auction for the benefit of the Rush Library.
4. Code Enforcement Kusse gave the board a memo on the log jam.
5. Supervisor – Supervisor Udicious stated that he had received comments from the Highway Superintendent on the revised employee manual and there was some question on the minimum number of hours that must be paid when an employee is called in to work overtime. Attorney Pavia will check and report back at the next meeting.
VI Old Business
1. Financial Software Replacement – Supervisor Udicious reported that the change to the contract requested by the Councilwoman Sluberski was made and the missing page was provided for the contract.
RESOLUTION #94
Supervisor Udicious moved that the Supervisor be authorized to sign a contract with EOS Software to provide an accounting and budgeting software package at a cost of $9,475.00. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
VI New Business
1. Planning and Zoning Board Training - Zoning Board Chairman Donald VanLare had provided the board with a sample resolution regarding the mandatory requirement for yearly training for Planning and Zoning Board members. This proposal would broaden the choices available to board members since locally offered training is often repetitive. Attorney Pavia will check the choices offered and report back to the board as to whether or not they meet the standard set by the state in their requirement.
2. Architectural proposal for property development - Supervisor Udicious stated that the board has three proposals before them provided by Architect Majed El Rayess for the staged development of the property adjacent to the town hall. At this time the he was asking the board to approve the First Phase which would include the sports fields and walking trail around the property.
This phase would reflect the plan for the property adopted by the Town Board in 2002. The $100,000 grant received for the development of the property indicated that the residents were in favor the items of development that were being proposed.
Councilwoman Sluberski asked if Mr. El Rayess was familiar with the design of athletic fields and Mr. Knab assured her that he had designed fields for schools and other towns.
RESOLUTION #95
Councilman Knab moved that the Supervisor be authorized to enter into a contract with El Rayess Architects to provide design services for Phase I, Sports Field and Nature Trail, for the property adjacent to the Town Hall for a cost not to exceed $20,700.00. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
3. POD Update – Supervisor Udicious reported that the next meeting is in Honeoye Falls on April 19th at 4:00 p.m. and will be a review of the POD drill. There really is a need to appointment an Emergency Preparedness Officer who can take on the function of lead in this program. At the present time Councilwoman Sluberski has attended all the meetings and Supervisor Udicious has only missed one meeting.
4. Office Furniture for Court – Supervisor Udicious explained that funds had been budgeted for the court room finishing and for some additional work in the town clerk’s office. The estimate for that work came in lower than budgeted so there is money for the court to replace their hand-me-down furniture. The court is requesting that the clerk’s desk be replaced.
RESOLUTION #96
Supervisor Udicious moved that the court be authorized to purchase a new desk for the court clerk’s office for a cost of $1,850.00. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson abstained
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
5. Procedures for Code Enforcement Officer –
Supervisor Udicious gave the board members a draft memo outlining the steps to be followed by code enforcement in handling violations of the zoning code. The board was asked to review and be prepared to discuss at the next board meeting.
Councilman Knab stated that the Section 1203 of the NYS Building Code and the Property Maintenance Code outlined procedures to follow in citing violations of those codes and he felt they should be reviewed before drafting any additional procedures.
Attorney Pavia suggested that he meet with the Code Enforcement Officer to review forms and correspondence that might have to use in any court action relative to violations.
6. Suburban Animal Hospital – Town Clerk Henry explained that the renewal of the contract with Suburban Animal to provide service to Dog Control was needed. The only change from past years is the increased fee for cremation of animals. This is a situation that rarely occurs.
RESOLUTION #97
Councilman Knab moved that the Supervisor be authorized to sign the renewed contract with Suburban Animal Hospital to provide services to dog control. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
VII Bid Opening
Town Clerk Henry stated that a legal notice had been placed in the legal newspapers and placed on her bulletin board for the bidding of the truck/plow/attachments requested by the Highway Superintendent.
One Bid has been received and was opened by the Supervisor.
Cyncon Equipment Inc.
7944 West Henrietta Road
Rush, NY 14543
Total bid $99,570.00
Highway Superintendent King recommended to the Town Board that the bid be rejected as the cost was significantly higher than the budgeted amount.
RESOLUTION #98
Councilman Anderson moved that based on the recommendation of the Highway Superintendent, the bid submitted by Cyncon
Equipment Inc. in the amount of $99,570.00 be rejected.
Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
Councilwoman Sluberski asked if the Town Board was able to change salaries approved at the Organization Meeting for employees, particularly the Library. Attorney Pavia stated that the Town Board’s only power is the approval of the Library budget and that they have no control over the salaries set for the library staff. That authority lies entirely with the Library Board of Trustees.
Adjournment
Councilman Knab moved that the meeting be adjourned. Councilman Anderson seconded the motion and the board was all in agreement.
Time: 7:50 p.m.
Respectfully submitted,
Linda G. Henry
Town Clerk
Posted by gmadore at 12:05 PM
April 2, 2007
2006 Rush Memorial Day Video Clip online
(Newest version of Quicktime required for playback of all videos Macintosh | Windows)
2006 Rush Memorial Day Video: Click here
Posted by gmadore at 10:13 PM


