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October 22, 2008

Rush Town Board Meeting Minutes - 2008/10/22

RUSH TOWN BOARD
Minutes of October 22, 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 October 22, 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, Deputy Town Supervisor
Richard Anderson ----- Councilman
Thomas Doupe ----- Councilman
Lisa Sluberski ----- Councilwoman
William Udicious ----- Supervisor
Pamela Bucci ----- Town Clerk
Frank Pavia ----- Attorney for the Town
Charles Steinman ----- Attorney for the Town

OTHERS PRESENT: Kirsten Flass ----- Library Director, Resident
Gerald Kusse ----- Code Enforcement Officer
Richard Tracy ----- Fire Marshall/Coordinator
of Emergency Preparedness

I. OPEN FORUM: Supervisor Udicious advised all present that Rules and Procedures for
Town Board meetings were located at the side sign-in table. He then offered the floor for
those present to address the board.

II. APPROVAL OF MINUTES: October 8, 2008

RESOLUTION #139-08
Councilman Knab moved that the Minutes of October 8, 2008, meeting be approved as
submitted. Councilwoman Sluberski seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe
Councilwoman Sluberski aye aye
Supervisor Udicious aye carried.

III. APPROVAL OF TRANSFER

RESOLUTION #140-08

Councilman Anderson moved, BE IT RESOLVED that having audited all the
appropriations of unreserved funds against the highway funds in the amount of
$199,000.00 be allowed for transfers #1 through 3. Councilman Knab seconded the
motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe
Councilwoman Sluberski aye aye
Supervisor Udicious aye carried.

IV. APPROVAL OF ABSTRACT

RESOLUTION #141-08

Councilman Anderson moved, BE IT RESOLVED that having audited all the claims
against the funds listed on Abstract #10-2 in the amount of $44,007.99 be allowed for
vouchers #1008 through #1171. Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe
Councilwoman Sluberski aye aye
Supervisor Udicious aye carried.

V. REPORTS OF OFFICERS AND COMMITTEES

A. Councilman Knab stated touch up painting in the interior of the town hall is complete
and the outdoor lighting is in working order.

B. Councilwoman Sluberski requested on behalf of the Zoning Board of Appeals there be
a clarification of their training requirement. Attorney Pavia will provide a written form of
requirement to the Zoning Board of Appeals Chairman.

C. Building Inspector Kusse mentioned that a town resident placed an emergency call to
911 for person feeling ill. A hole in the flue pipe was discovered. Further investigation
revealed that a roof leak around the flue exhaust pipe caused rusting in the flue pipe
resulting in the hole.

Supervisor Udicious stated that according to the Rush Fire District, the Rush Fire
Department follows specific procedures relating to all emergency calls as well as carbon
monoxide calls. Fire Marshal Rick Tracy commented that although there was a gap in
communication between the department and him, under normal circumstances fire
marshals are not notified. The conditions surrounding this emergency call did not warrant
immediate fire marshal action.

D. Library Director Kirsten Flass reported that landscaping around the gazebo is
scheduled and that the electric has not yet been installed. Volunteer Cathy Frank has
requested additional topsoil for the area.

VI. OLD BUSINESS

A. Dam Repairs Schedule: Councilman Anderson stated that repair of the dam has
commenced. He explained the steps being taken to complete and stabilize the dam. A
temporary access roadway to the dam has been set up with appropriate barriers.
Additional fencing will be added in the access road to prevent public entry. The adjoining
property owner has been notified of work being done and any grass damage will be taken
care of in the future. The dam repair should be complete by November 27th.

B. Town Park Project - Supervisor Udicious reported that work has been halted due to the
weather, however, additional topsoil is expected to complete the seeding process.

C. Library request for a Free-Standing Sign: Supervisor Udicious read the quote for the
requested sign that may help visitors locate the town hall and library. Many options for
appearance of the sign were discussed. A sign location was reviewed with the town's
architect and they advised placement of the sign near the flagpole. In providing the most
visual space of visitors, Ms. Flass requested that the sign be erected near the parking lot
entrance rather than in front of the Library itself. A previous concern for north and south
travelers being able to locate the library was raised. Although funds are not currently
available to support the request, Mr. Anderson recommended that it be included in a future
budget as a capital expenditure. Mr. Knab requested that the library's request for the sign
and details be submitted in writing for review of the town board.

D, Sign Law Draft Review: Attorney Pavia presented a draft of the current Sign Ordinance
which was presented based on New York state guidelines to the Town Board and Code
Enforcement Officer. Ms. Bucci will provide copies to all Planning and Zoning Board
members. Attorney Steinman stated that the revised sign ordinance is a comprehensive,
detailed proposal encompassing a combination of the current ordinance and all collected
data. Attorney Pavia suggested that a workshop be held with all Planning, Zoning and
Town Board members who wish to attend and both Chuck Steinman, Esq. and himself.
Once the workshop takes place, both liaisons to the Planning and Zoning Boards should
meet with both attorneys to finalize the document for a public hearing. Councilman Doupe
will schedule a workshop between the boards and attorneys.

VII. NEW BUSINESS

A. Fire Marshall Report - Fire Marshall/Coordinator of Emergency Preparedness Rick
Tracy provided an extensive overview of progress and status of point of dispensing (POD).
Rush's POD is Honeoye Falls Lima High School. Mr. Tracy also reported on meetings
attended and procedures being set up on behalf of the town and in coordination with
Monroe County. Also, the National Incident Management System (NIMS) evaluates
equipment, requires specific training of emergency preparedness personnel and measures
the capability of those given the task in dealing with emergency situations. The Town of
Rush is in full compliance with the NIMS requirements.

Within the last year, 21 inspections have been done and a number of both burn and
firework permits have been issued.
Formatted: Font: 12 pt, Character
scale: 100%

An automatic external defibrillator/cardial pulmonary resuscitation (AED/CPR) class has
been scheduled for October 27 and 28 for town employees. We currently have an AED at
the town hall and the appropriate signage will be in place for full compliance.

An elevator-rescue training procedure is scheduled with the Rush Fire Department safety
officers.

Mr. Tracy noted that he has completed 28 hours of New York State required training, 4
hours of which are not required. All hours of training have been completed with no
expense to the town.

Code Enforcement Officer Kusse commented that having a proactive Fire Marshall is very
beneficial to his department. Councilman Doupe added that the Rush Fire Department is
appreciative of the existing line of communication with Fire Marshall Tracy.

VIII. OPEN FORUM: Supervisor Udicious opened the floor and offered it for anyone who
wished to address the Board.

Resident Kirsten Flass asked if video surveillance signage on or in the building is a future
agenda item. Attorney Pavia responded that surveillance signage is not a legal
requirement. Supervisor Udicious will contact the town's surveillance provider to inquire
about the signage being a positive deterrent for crime.

There being no further business, a motion was made by Councilman Knab and the
meeting was adjourned at 8:10 PM by common consent of all councilpersons present.

Respectfully submitted,



Pamela J. Bucci
Town Clerk

Posted by gmadore at 3:38 AM

October 11, 2008

Rush Town Board Meeting Minutes - 2008/10/10

RUSH TOWN BOARD
Minutes of September 10, 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 September 10, 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, Deputy Town Supervisor
Richard Anderson ----- Councilman
Thomas Doupe ----- Councilman
Lisa Sluberski ----- Councilwoman
William Udicious ----- Supervisor
Pamela Bucci ----- Town Clerk
Charles Steinman ----- Attorney for the Town

OTHERS PRESENT: Patricia Stephens ----- Recreation Supervisor
Kirsten Flass ----- Library Director
Theresa Kabes ----- Resident
Tom Schaller ----- Audience Member
Mike Krenzer ----- Scottsville, New York

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.

Michael Krenzer of 2380 Scottsville Road, Scottsville stated that on August 5, 2007, he
attempted to contact Highway Superintendent Steven King by telephone regarding a
drainage issue on Route 15. Mr. Krenzer did not discuss the issue with him until
December 27, 2007, and was informed that the situation would be reviewed. On January
24, 2008, Mr. Krenzer forwarded a letter to the town requesting a response. To this date
Mr. Krenzer's letter nor additional phone calls to the Highway Department have been
returned. Mr. Krenzer stated that this issue has existed since 1988 when the water district
was established.

Supervisor Udicious will contact Superintendent King upon his return from vacation and a
call will be returned to Mr. Michael Krenzer.

II. APPROVAL OF MINUTES: August 20, 2008

RESOLUTION #123-08
Councilman Knab moved that the Minutes of August 20, 2008, meeting be approved as
submitted. Councilwoman Sluberski seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II. APPROVAL OF MINUTES: August 27, 2008

RESOLUTION #124-08
Councilman Anderson moved that the Minutes of August 27, 2008, meeting be approved
as submitted. Councilman Doupe seconded the motion.

Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III. APPROVAL OF ABSTRACT

Councilman Anderson recommended that the Minutes of August 13, 2008, be revised in
reference to removing Vouchers numbered 853, 858 and 882 that were voided from
Abstract #17. Vouchers numbered 910, 911 and 912 were added, thus changing the total
of the Abstract from $64,601.34 to $64,640.72, a difference of $39.38.

RESOLUTION #125-08
Councilman Anderson moved to amend the Minutes of August 13, 2008, by removing
Vouchers numbered 853, 858 and 882 that were voided from Abstract #17. Vouchers
numbered 910, 911 and 912 were added, thus changing the total of the Abstract from
$64,601.34 to $64,640.72, a difference of $39.38. Councilwoman Sluberski seconded the
motion.

Roll:
Councilman Knab Aye
Councilman Anderson Aye
Councilman Doupe Aye
Councilwoman Sluberski Aye
Supervisor Udicious aye carried.

RESOLUTION #126-08
Councilman Anderson stated, Be It Resolved, that having audited all the claims against
the funds listed on Abstract #19 in the amount of $23,201.90 be allowed for vouchers
#962A through #689. Councilman Knab seconded the motion.
Roll:
Councilman Knab Aye
Councilman Anderson Aye
Councilman Doupe Aye
Councilwoman Sluberski Aye
Supervisor Udicious aye carried.

IV. CORRESPONDENCE

A. Eagle Scout Project Request - David Schmitthenner, who is pursuing Eagle Scout, has
requested assistance from the Town in providing possible projects, specifically involving
carpentry work to complete his Eagle Scout requirements. Project completion date is
December 2008. Supervisor Udicious suggested benches be placed along the walking
trail being created on town property. Other ideas from the Board should be forwarded to
Mr. Udicious by September 19th. Councilman Anderson commented that there are a
number of Eagle projects awaiting completion at the Mendon Foundation and he will
forward Mr. Schmitthennner's request to Warren Wallace of the Mendon Foundation.

B. Highway Department - Deputy Town Clerk Meribeth Palmer received a call of
compliment from a resident stating that a Town Highway Department paving job was
perfectly done, neat and clean. He also complimented Highway Deputy Superintendent
Mark David's politeness and professionalism on the job. An additional letter was received
complimenting roadsides mowing being done throughout the town.

C. Rush-Henrietta Homecoming Parade: An invitation to Town Board members wishing to
participate in the Homecoming Parade on Friday, September 26, 6:00 PM at the 9th Grade
Academy, Lehigh Station Road, Henrietta.

V. REPORTS OF OFFICERS AND COMMITTEES

A. Sealing of Concrete: Councilman Knab stated that the sealing of concrete behind the
town hall and parking is near completion. Supervisor Udicious requested sidewalk sealing
to include curb sealing where overage drippings occurred. Exterior painting at 1911 Rush
Scottsville Road has commenced.

B. Gazebo Project and Wine Tasting Event - Councilman Doupe reported that the Library
gazebo is near completion. The Wine Tasting Event is scheduled for February 7, 2008,
tentatively at the Rabbit Room in Honeoye Falls.

C. Sign Ordinance: Councilwoman Sluberski stated that the Zoning Board of Appeals
would be discussing the Sign Ordinance at their September 11 meeting.

D. Rush Community Food Outreach: Recreation Supervisor Patricia Stephens reported
that through donations from Wegman's the Rush United Methodist Church is offering food
items at the church for those in need.

E. Playground - Ms. Stephens reported that the playground area was vandalized with
graffiti for the first time in three years and that it has been removed. Supervisor Udicious
stated that there are future plans to extend the surveillance cameras to incorporate the
back of town property to curb vandalism.

F. Gazebo Ribbon Cutting Ceremony and Plantings: Library Director Kirsten Flass
announced that the Ribbon Cutting Ceremony would take place on Saturday, September
27 from 12: 2 PM. A rain date is scheduled for Saturday, October 4th. Also, Library Board
Member Cathy Frank provided a hand-sketch of plantings around the gazebo area. The
labor involved will be donated by Brocollo Tree & Lawn Care.

G. Outside Lighting: Councilman Knab reported that the outside lighting is scheduled to
be rectified within the next 2 weeks. The difficulty in getting the project complete is in
finding replacement parts and a qualified electrician to handle a small but involved project.

III. OLD BUSINESS
A. Rush Dam Repair Update: The Dam repair estimates were very high. Larsen
Engineers are working with local contractors to find the most critical area needing repair.
The $120,000.00 received through Assemblywoman Susan John is only to be used for
dam repair this year. The Town will be seeking further grant monies to continue
preserving the dam and working on a replacement plan.

B. Town Park Project Update: Grading, seeding and installation of a ball field and soccer
field are expected to be complete by the end of the year. Mr. Udicious reviewed a pavilion
sketch provided by Majed El Rayess of El Rayess Architects. An approved amount of
$25,000.00 is available for use on the ADA-compliant bathrooms portion of the pavilion.
The bathroom portion of the pavilion includes a utility room that will be included in the initial
construction. Other monies for the pavilion project are pending. Supervisor Udicious
requested approval for Majed El Rayess to proceed with engineering estimates on the
project.

RESOLUTION #127-08
Councilman Knab made a motion to authorize Supervisor Udicious to engage in services
of El Rayess Architects for the ADA compliant bathrooms for which grant monies in the
amount of $25,000.00 are available. Councilman Anderson seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

IV. NEW BUSINESS
A. Pond Installation: Code Enforcement Officer Gerry Kusse discussed the interpretation
of the existing Town Code relating to ponds and stated that the Town of Rush does not
require permits for ponds. Ponds are somewhat regulated by the Department of
Environmental Conservation. In the State of New York, ponds, streams, lakes, etc. are not
regulated and remain barrier-free. Fencing around specific types of pools are regulating in
the State of New York, therefore, installation of a pool in the Town requires a permit.

B. Upkeep of Rental Property at 1911 Rush-Scottsville Road: The house exterior is being
pressure-washed and painted. The shutters were infested with beehives. Replacement
shutters will be provided at a later date. An estimate for replacement windows will be
sought in order to reduce energy consumption.

C. Boards' Pay Policy: Councilman Anderson noted that the Town's boards' are justly
compensated for their service to the Town, however, the amount of commitment time
relative to compensation should be reviewed. The proper distribution among boards will
be researched.

V. OPEN FORUM: Supervisor Udicious opened the floor and offered it for anyone who
wished to address the Board.

Mrs. Theresa Kabes stated that she was dissatisfied in the Town Board and the
Department of Recreation's accommodations for providing a child hand-washing policy in
the Rush Afterschool Program for her child who has a severe allergic peanut reaction.
She has withdrawn her child from the Afterschool Program and requested her return of
payment. Supervisor Udicious responded that a refund was noted on the approved
abstract and would be available on Thursday, September 11th.

Mrs. Kirsten Flass asked whether or not it was difficult to fill open board positions in the
town and if there were numerous applications received. Supervisor Udicious stated that
often advertising of open positions is required but ample qualified resumes are received to
fill the vacancies. Resumes on file from previously open positions are included in the
interview process.

VI. EXECUTIVE SESSION
Supervisor Udicious made a motion to adjourn to executive session at 7:55 PM to discuss
an employee matte. The motion was seconded by Councilman Knab.
Roll:
Councilwoman Sluberski aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.

On the motion of Supervisor Udicious, the meeting was returned to regular session at
8:14 PM.

There being no further business, a motion was made by Councilman Knab and the
meeting was adjourned at 8:15 PM by common consent of all councilpersons present.

Respectfully submitted,



Pamela J. Bucci
Town Clerk

Posted by gmadore at 3:29 AM