December 9, 2008

Rush Town Board Meeting Minutes - 2008/11/12

RUSH TOWN BOARD Minutes of November 12, 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 November 12, 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

OTHERS PRESENT: Dave Sluberski ----- Resident Jon Volpe ----- Resident Marge Williams ----- Resident Richard Williams ----- Resident Kirsten Flass ----- Resident, Library Director Jack Mould ----- Resident Gerry Kusse ----- Code Enforcement Officer

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 22, 2008

RESOLUTION #142-08 Councilman Knab moved that the Minutes of October 22, 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.

III. APPROVAL OF ABSTRACT

RESOLUTION #143-08
Councilman Anderson moved, BE IT RESOLVED that having audited all the claims against the funds listed on Abstract #11-1 in the amount of $31,447.51 be allowed for vouchers #1172 through #1261. Councilman Doupe seconded the motion.
Roll:

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

IV. CORRESPONDENCE

A. Memorandum received from Zoning Board Chairman Donald Van Lare regarding possible changes to the Town Code, specifically Buildings.

B. In addition to Town Board Resolution #137 regarding the Museum of Transportation's request for property, the NYS Office of General Property Services requests that the Town make application to pursue ownership of property for $1.00.

C. National Grid requested that an application be requested permitting placement of banners and/or decorations on the poles within the municipality. In previous years, the NYSDOT required the permit. Banners currently being placed on the poles belong to the Rush Lions Club. According to Attorney Pavia, the Lions Club is acting as an agent of town when placing the banners on the poles. The application will be reviewed by Attorney Pavia.

D. A local resident submitted a chart listing the number of dogs allowed in towns within the Counties of Monroe and Livingston. The resident requested the Town Board review the Town Code in reference to the number of dogs permitted in Rush.

E. Memorandum received by Clerk Bucci regarding the Town's credit card usage and procedure. The Director of Finance and Town Clerk noted that the controls currently used are adequate.

F. Supervisor Udicious acknowledged Clerk Bucci's receipt of a document signed by residents requesting the Town Board work with the Zoning Board to change Article 5, Section 120-57 (G) of the Town Code. Changes requested would allow residents to park campers, boats and trailers and/or similar vehicles in their driveways as long as they did not obstruct a motorist's view of other drivers pulling in and out of traffic. For the record, Councilman Knab noted that there were numbers on the top corner of each page.

V. REPORTS OF OFFICERS AND COMMITTEES

A. Councilman Anderson further provided information to the Board on his findings of pay in relation to other various boards and chairs in other area towns. According to the Finance Director, a general 3% increase is currently placed across the boards in the 2009 budget. Of that total, Councilman Anderson recommended that the sum be divided by three boards and that the chairman of each board receive an additional $85.00. It will provide a separation between the chairs and regular members of each board. The Town Board will discuss Councilman Anderson's recommendation at the Organizational Meeting.

B. Councilman Doupe stated that the Zoning Board of Appeals and Planning Board members have received copies of the proposed Sign Ordinance. A workshop meeting will be coordinated with those boards in January. The supervisor's secretary will schedule the
workshop.

C. Clerk Bucci requested the board's approval to purchase a cash register in the amount of $599.00 from Monroe Sale Register Inc. The Town Clerk Capital Outlay account has $500.00 specified for the purchase. Other funds are available in the Town Clerk 2008 operating budget but additional funds in the amount of $99.00 must be transferred.

RESOLUTION #144-08 Councilman Knab made a motion to authorize the Town Clerk to purchase a cash register in the amount not to exceed $650.00 and that the Town Clerk request the Budget Officer's transfer of the appropriate funds from the current operating budget to complete the transaction. Councilman Doupe seconded the motion. Roll:
Councilman Knab aye Councilman Anderson aye Councilman Doupe aye Councilwoman Sluberski aye Supervisor Udicious aye carried.

VI. PUBLIC HEARING 2009 Preliminary Budget

Proof of Notice having been furnished to all board members, Supervisor Udicious, closed the regular meeting at 7:15 PM and opened the Public Hearing of the 2009 Preliminary Budget.

Town Clerk Pamela Bucci read the legal notice posted for the hearing and certified that proper notifications had been made.

Supervisor Udicious noted that the Preliminary Budget has been available in the Town Clerk's Office since October 23. The tax rate for 2008 is $4.24 per $1,000 of Tax Assessed Tax Valuation (TAV) which includes the remodeling debt service for the Town Hall and Library. In 2009, the tax rate is proposed at $4.40/$1,000 TAV.

VII. OPEN FORUM Supervisor Udicious opened the floor to any comments or questions on the 2009 Preliminary Budget.

Councilman Anderson added that there is no increase in the tax base for the town. There has been no new assessment nor new construction completed to add to the base. Budget increases are attributed to an increase in inflation, not in administration.

1. Resident Dave Sluberski questioned whether or not the Highway Department had been audited in relation to the budget. Supervisor Udicious stated that departments that handle money are audited but budgets are reviewed by the Town Board in the budget workshops.
   Mr. Sluberski requested the preliminary budget be placed on our website. Councilman Knab noted that the official copy is at the Town Clerk's Office but in the future a copy may be placed on the website.

2. Kirsten Flass stated that she provided cuts within the Library's budget and asked if the Town Board was satisfied with cuts made within other departments. Councilman Anderson stated that improvements were made in the Highway Department both in equipment and operations areas. Personnel costs, fuel, utilities and health insurance are the largest costs in the budget. Supervisor Udicious stated that the expectation for all department heads is to function at an appropriate level while keeping costs to a minimum.
   Councilman Doupe stated that most departments are flat, comprising of salary and possibly a professional association.

3. Dave Sluberski asked how and when a preliminary budget gets approved. Supervisor Udicious stated that the budget may be approved at this meeting but no later than December 20, 2008.

With all persons desiring to be heard, Supervisor Udicious closed the public hearing on the 2009 Preliminary Budget at 7:30 PM.

The regular meeting was reconvened.

VIII. OLD BUSINESS

A. Dam Repair Progress - Councilman Anderson provided a diagram of the work being done at the dam; seepage under the dam venting out through the apron. Drilling and pressure filling was accomplished to prevent further seepage. Voids were explored from the top to bottom of the dam to prevent the downstream migration of water. Next year the Board will be looking at additional ways to further stabilize and repair the dam.

B. Town Park Project Status Supervisor Udicious reported that in complying with DEC regulations, hay has been placed on the park soil for protection through the winter. Work on the project has ended for the season and will resume in the spring.

IX. NEW BUSINESS

A. Approval of Bond for Tax Collector In order to release the town and county tax bills into the tax collector's possession, the Town must approve the undertaking and provide a Certificate of Liability to the Monroe County Treasury.

RESOLUTION #145-08 Supervisor Udicious moved be it RESOLVED, that the Town Board of the Town of Rush hereby approves the surety, form and amount of the official undertaking for the faithful performance of the duties of the Town Clerk and Tax Collector as filed in the Town Clerk's Office:

Type of Undertaking: Public Official Liability/Employee Dishonesty Insurance Company: Firemen's Fund Insurance Co. Amount: $250,000.00

A true copy of this resolution shall be affirmed to the undertaking to indicate this Board's approval thereon in accordance with the Town Law §25. Councilman Anderson seconded the motion.
Roll:
Councilman Knab aye Councilman Anderson aye Councilman Doupe aye Councilwoman Sluberski aye Supervisor Udicious aye carried.

B. Rush Senior Citizens General Policies & Operating Rules - Marge Williams, Rush Senior Citizens President, provided the Supervisor with the general policies and operating rules of their group for the Town Board's and attorney's review. Attorney Pavia stated that there were a few changes that needed to be discussed with the Seniors Group and there may not be a legal basis for the town board's or attorney's approval of the policies and rules. Mrs. Williams wished to have the Rush Senior Policies and Rules approved in time for the Rush Seniors' November meeting. The attorney for the town suggested meeting with Mrs. Williams immediately after the town board meeting.

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

A. Resident Dave Sluberski requested the status of Stonybrook Pond's carp permit.
Attorney Pavia has contacted the Department of Environmental Conservation in an attempt to relieve the town of the unnecessary expenses in relation to the pond and to move the matter forward.

Being no further business, Councilman Knab moved to adjourn the meeting at 7:50 PM.
All councilpersons agreed.

With all attendees remaining, Supervisor Udicious re-opened the meeting at 7:52 PM to apprise the audience of additional correspondence related to the proposed budget.

Supervisor Udicious stated that the NYS budget calendar had changed for Monroe and Westchester County towns, allowing them to adopt budgets as late as December 20, 2008.
The Board opted to wait until Mr. Udicious received a letter from Timothy Murphy, Office of Real Property Services (ORPS). The Office of Real Property Services (ORPS) requested that all towns adopt their budgets and forward a copy to them on or before December 1st.
All other towns within Monroe County were adhering to the ORPS request.

There being no opposition to the proposed Preliminary Budget, Supervisor Udicious motioned to adopt the Town of Rush 2009 Budget as presented. Councilman Knab seconded the motion. Roll:
Councilman Knab aye Councilman Anderson aye Councilman Doupe aye Councilwoman Sluberski aye Supervisor Udicious aye carried.

There being no further business, a motion was made by Councilman Knab and the meeting was adjourned at 7:55 PM by common consent of all councilpersons present.

Respectfully submitted,

Pamela J. Bucci Town Clerk

Posted by gmadore at 3:20 AM

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

August 13, 2008

Rush Town Board Meeting Minutes - 2008/08/13

Click HERE for downloadable PDF.

RUSH TOWN BOARD
Minutes of August 13, 2008
Regular Meeting


A regular meeting of the Rush Town Board, County of Monroe, was called to order by
Deputy Town Supervisor Knab at 7:00 PM on August 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, Deputy Town Supervisor
Richard Anderson ----- Councilman
Thomas Doupe ----- Councilman
Lisa Sluberski ----- Councilwoman
Pamela Bucci ----- Town Clerk
Charles Steinman ----- Attorney for the Town

EXCUSED: William Udicious ----- Supervisor

OTHERS PRESENT: Dave Sluberski ----- Resident

I. OPEN FORUM Deputy Town Supervisor Knab invited anyone in the audience to
address the Board.

II. APPROVAL OF MINUTES Regular Meeting of July 9, 2008

RESOLUTION #114-08
Deputy Supervisor Knab moved that the Minutes of the Regular Meeting held on July 9,
2008, be approved as written. Councilman Doupe seconded the motion.
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski abstained
Deputy Supervisor Knab aye carried.

Special Meeting of July 22 , 2008

RESOLUTION #115-08
Councilman Anderson moved that the Minutes of the Special Meeting held on July 22,
2008, be approved as written. Councilman Doupe seconded the motion.
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Deputy Supervisor Knab abstained carried.

III. APPROVAL OF ABSTRACT # 17

RESOLUTION #116-08
Councilman Anderson stated Be It Resolved, that having audited all the claims against
the funds listed on Abstract #17 in the amount of $61,601.34 be allowed for vouchers #844
through #909. Deputy Supervisor Knab seconded the motion.
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Deputy Supervisor Knab aye carried.

IV. CORRESPONDENCE

None.

V. REPORTS OF OFFICERS AND COMMITTEES

A. Councilman Doupe Construction of the gazebo behind the library has commenced.
Interested volunteers to help with the work are welcome.

B. Councilwoman Sluberski The Recreation Department may be pursuing a grant. The
functions of the Town in relation to the Seniors Group were discussed by the Town Board
members.

C. Clerk Bucci - Monroe County Treasury is providing all towns the option of opening an
M&T Bank account and contracting with Hammer Enterprises to accept collection of taxes
via credit cards through the Monroe County website at no cost to the town. Residents
would be able to pay taxes only by credit cards on-line at the Monroe County website and
fees incurred would be the sole responsibility of the resident. Attorney Frank Pavia will be
discussing the possibility with the Clerk and Town Board members at the next scheduled
meeting.

D. Deputy Supervisor Knab Estimates have been received to perform needed electrical
work on the town hall and library outside lighting.

RESOLUTION #117-08
Deputy Supervisor Knab made a motion authorizing the Supervisor to enter into a contract
with CM Armitgage Incorporated, 317 Imperial Circle, Rochester, New York to perform
electrical work on outside lighting at a cost not to exceed $1,000.00. Councilman
Anderson seconded the motion.
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Deputy Supervisor Knab aye carried.

The Town's rental property at 1911 Rush-Scottsville Road requires outdoor painting. The
costs associated with painting of the dwelling will come from rental monies. Painting
estimates have been received.

RESOLUTION #118-08
Deputy Supervisor Knab made a motion authorizing the Supervisor to enter into a contract
to have the rental dwelling located at 1911 Rush Scottsville Road painted at a cost not to
exceed $3,600.00. Councilman Anderson seconded the motion.
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Deputy Supervisor Knab aye carried.

VI. OLD BUSINESS

A. Dam Project Quotes received for the repair of the dam were too costly, therefore,
rejected. A further meeting with the engineer is required to determine the scope of the
work needed to stabilize the dam while using available grant funding.

B. Town Park Project - The Engineer for the Town is monitoring the Highway's process in
moving soil. Fields are expected to be completed this fall.

C. Qualities Communities Grant The Committee is continuing to gather information for a
draft report.

VII. NEW BUSINESS

A. Application for State Assistance Payments for Municipal Planning Grant - This
application will be used as a supplement to the Town's comprehensive plan and is
necessary in order to demonstrate its integration into the Town Master Plan as it
applies to the Monroe County Plan.

RESOLUTION #119-08
Councilman Anderson moved WHEREAS that the Supervisor be authorized to
approve the Application with New York State Department of Agriculture and
Markets for State Assistance Payments for Municipal Agricultural and Farmland
Protection Plan Development (Planning Grant) Form A which will be incorporated
as a supplement to the Town of Rush Comprehensive Plan and to expend town
funds in an amount not to exceed $1,800.00.

WHEREAS, the Town Board has reviewed the Application Form A with respect to
the Project;

NOW THEREFORE, upon consideration by the Town Board; it is

RESOLVED, that the Municipal Agricultural and Farmland Protection Plan
Development (Planning Grant) be submitted to the extent required by the
applicable requirements. Motion was seconded by Councilwoman Sluberski.
Roll:
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Deputy Supervisor Knab aye carried.

B. Stonybrook Park Pond Condition - As shown on pictures presented, the pond is
inundated with aquatic weeds. The Town requested a site visit by the New York State
Department of Conservation and has received a recommendation letter from the Monroe
County Soil and Water Conservation District. The Town has applied for a permit to stock
the pond with sterile triploid grass carp. The carp will eat the vegetation and keep the
weeds from growing at an undesirable rate.

VIII. OPEN FORUM - Deputy Town Supervisor Knab invited anyone in the audience to
address the Board.

Dave Sluberski inquired about the outside lighting problems. Deputy Supervisor Knab
responded that power surges through the town burns the ballasts out.

Mr. Sluberski also asked about the status of the Rush Market & Deli property. Deputy
Supervisor Knab provided a non-binding update that Bryne Dairy is no longer pursuing the
purchase, however, another party is scheduled to appear informally before the Zoning and
Planning Board this month.

In relation to the dam project, Mr. Sluberski asked that if the dam would be allowed to
deteriorate, would property values along the creek be decreased. Councilman Anderson
responded that the area is in the 100 year flood plain and there is a possibility of further
migration of the water, however, property values are determined through the Assessor's
Office. The impact of the dam's deterioration is unknown, therefore, the town is pursuing
repair of the dam along with keeping the bridge above safe.

Mr. Sluberski asked how the highway workforce was being paid to work on the town park
project. Deputy Supervisor Knab stated that the grant monies received for the project
require a 50/50 town match. Measures are being taken not to incur overtime. The
Highway Department is providing billable hours for the project.

IX. ADJOURNMENT

With no further business, a motion was made by Deputy Supervisor Knab to adjourn the
meeting and it was ended at 7:30 PM by common consent of all councilpersons present.

Respectfully submitted,


Pamela J. Bucci
Town Clerk

RUSH TOWN BOARD
Minutes of August 13, 2008
Regular Meeting


A regular meeting of the Rush Town Board, County of Monroe, was called to order by
Deputy Town Supervisor Knab at 7:00 PM on August 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, Deputy Town Supervisor
Richard Anderson ----- Councilman
Thomas Doupe ----- Councilman
Lisa Sluberski ----- Councilwoman
Pamela Bucci ----- Town Clerk
Charles Steinman ----- Attorney for the Town

EXCUSED: William Udicious ----- Supervisor

OTHERS PRESENT: Dave Sluberski ----- Resident

I. OPEN FORUM

Posted by gmadore at 11:25 PM

July 9, 2008

Rush Town Board Meeting Minutes - 2008/07/09

Click HERE for downloadable PDF.

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

Posted by gmadore at 11:23 PM

June 11, 2008

Rush Town Board Meeting Minutes - 2008/06/11

Click HERE for downloadable PDF.

RUSH TOWN BOARD
Minutes of June 11, 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 June 11, 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
Charles Steinman ----- Attorney for the Town

OTHERS PRESENT: Gerald Kusse ---- Resident, Code Enforcement Officer
Kirsten Flass ---- Resident, Library Director
Dave Sluberski ---- Resident

I. OPEN FORUM Supervisor Udicious informed the audience that copies of Rules and
Procedures for Town Board meetings are now available at the meeting sign in table.

II. APPROVAL OF MINUTES May 28, 2008

RESOLUTION #99-08
Councilman Doupe moved that the Minutes of May 28, 2008, meeting be approved.
Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III. APPROVAL OF ABSTRACT

RESOLUTION #100-08
Councilman Doupe stated Be It Resolved, that having audited all the appropriations
against the funds listed on Abstract #11 in the amount of $59,608.01 be allowed for
vouchers #628 through #689. Councilman Anderson seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

IV. CORRESPONDENCE

A. Renewal Request from Time Warner Cable of contract with the Town due to expire on
March 14, 2011.

B. Budget Officer Don Reynolds provided department heads 2009 budget worksheets for
the upcoming budget workshops.

C. Town Board's Resolution #98-08 in support of The Mendon Foundation's pursuit of
grant funding has been forwarded.

V. REPORT OF OFFICERS AND COMMITTEES

A. Councilman Anderson The Farmland Preservation Committee met on June 10th and
tabled the tax abatement method. It presented possible legal consequences and may be
beyond the point of effectiveness considering the amount of rebate farmers are already
receiving from the state program. Councilman Anderson will investigate a grant
application.

B. Councilman Doupe The Library Board of Trustees is moving forward with the gazebo
project and will be seeking a building permit.

C. Councilwoman Sluberski Fees for the Recreation Department Summer Camp
Program are being further discussed.

The Rush United Methodist Church charges $100.00 for dining room use and a $75.00
custodial fee per event.

Recreation Supervisor Patricia Stephens is seeking an in-house purchase of the
Assessor's Office 2008 colored printer. According to Councilman Doupe, the Assessor's
Office is seeking a Monroe-County-system compatible colored printer. Supervisor
Udicious will investigate.

VI. OLD BUSINESS

A. Employee Manual Change of Community Service Policy Supervisor Udicious further
discussed the proposed additional wording of the policy. He added further findings that the
highway department, between the years 2002 and 2007 responded to Fire and EMS
service calls on an average of 4 hours per year. Payment of Unused Personal Leave
wording as earlier proposed was also discussed. These matters were tabled until the next
meeting.

B. Engineering & Design Service for Repair of Rush Dam - $19,500 of approved grant
money ($120,000 in total) received from Assemblywoman Susan John to be spent on
design work of the dam's emergency repairs. The actual contracted work has not been
decided.

Supervisor Udicious made a motion to hire Larsen Engineers to perform the design work
on the Honeoye Creek dam's emergency repairs for $19,500. Money is provided through
a grant approved through Assemblywoman Susan John's office in the amount of $120,000.
Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

C. Update on the Rush Town Park Project All necessary drawings have been submitted
to the Department of Environmental Conservation. Approval to move soil has not been
provided.

C. Update on Quality Communities Project Councilman Anderson reported that support
documents have been compiled. A public meeting will be held on June 26 at 7 PM at the
Rush Town Hall.

VII. NEW BUSINESS

A. National Flood Insurance Program, Flood Insurance Rate Maps for Monroe County A
proposed local law to regulate development in known floodplain areas in compliance with
the new FEMA regulations. Accepting the law will protect property owners by maintaining
favorable flood insurance rates for residents. A public hearing for the adoption of Local
Law #6 amending the Flood Damage Prevention as Authorized by the New York State
Constitution, Article IX, Section 2 and Environmental Conservation Law, Article 36 is set
for July 9, 2008 at 7:15 PM. The draft map is available in the Town Clerk's Office.

Resolution #101-08
Supervisor Udicious made a motion to set a public hearing on Wednesday, July 9, 2008,
7:15 PM at the Rush Town Hall for the adoption of Local Law # 6 amending Flood Damage
Prevention as Authorized by the New York State Constitution, Article IX, Section 2 and
Environmental Conservation Law, Article 36. Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

VIII. OPEN FORUM

Supervisor Udicious invited anyone in the audience to address the Board.

A. David Sluberski asked for comments on his digital recording device proposal,
questioned who the author was of the open meeting booklet and the timeframe of work to
be performed on the dam. Supervisor Udicious responded that recording of meetings is a
town clerk function and the board will await her recommendation. The Rules and
Procedures booklet are, in part, taken from the Town Law Manual. Process of actually
working on the dam may require competitive bidding and would follow the necessary
course of action.

Mr. Sluberski questioned the use of a bulldozed path off of East River Road. Less than 2
years ago Code Enforcement Officer Kusse relinquished any authority over imported fill
dirt in the town to the Highway Superintendent. The path leads to a fill operation, not
interrupting Martin Creek.

IX. EXECUTIVE SESSION
Supervisor Udicious motioned to move the meeting into Executive Session at 7:40 PM to
discuss potential acquisition of property.

Councilman Knab moved to return to regular session of the meeting at 7:55 PM.

Resolution #102-08
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.

With no further business, a motion was made by Councilman Knab and the meeting was
adjourned at 8:00 PM by common consent of all board members.

Respectfully submitted,

Pamela J. Bucci

Pamela J. Bucci
Town Clerk

Posted by gmadore at 11:20 PM

May 28, 2008

Rush Town Board Meeting Minutes - 2008/05/28

Click HERE for downloadable PDF.

RUSH TOWN BOARD
Minutes of May 28, 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 May 14, 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
Frank Pavia, Esq. ----- Attorney for the Town

OTHERS PRESENT: Seldon Chase ---- Resident
Kirsten Flass ---- Resident & Library Director
Dave Sluberski ---- Resident

I. OPEN FORUM Supervisor Udicious invited anyone in the audience to address the
Board.

A. Seldon Chase sought the Board's assistance in seeking the date of the bicycle race
that comes through the southern part of the Town of Rush and requested that the route
be changed. Bicyclists have taken county roads Rush West Rush Road and Five Points
Road and town road Stonybrook Road in the past. The Chase farmers bail and transfer
100 acres of hay and straw on 5 ton wagons through these roads. Stopping the wagons
is disruptive and presents an accident risk. Supervisor Udicious will contact the Monroe
County Sheriff's Office. Councilman Knab previously discussed the race with Fire
Commissioner Robert Faugh. They concurred that the Fire Department/EMS should be
advised of the race taking place and road closures. Permits may be required.

B. Dave Sluberski presented a recording device proposal and his resume for review of
the town board and town clerk. CD copies of the May 14, 2008, Town Board recording
were also distributed.

II. APPROVAL OF MINUTES May 14, 2008

RESOLUTION #96-08
Councilman Knab moved that the Minutes of May 14, 2008, meeting be approved.
Councilman Anderson seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III. APPROVAL OF ABSTRACT

RESOLUTION #97-08
Councilwoman Doupe stated Be It Resolved, that having audited all the claims against
the funds listed on Abstract #10 in the amount of $35,520.84 be allowed for vouchers
#508 through #566. Councilman Anderson seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

IV. CORRESPONDENCE None to report.


V. REPORT OF OFFICERS AND COMMITTEES

A. Councilman Knab stated that the ballasts for the front outside lights of the Town Hall
are backordered and that a solution for electrical feed to the roof should be in place
before October.

B. Councilman Anderson discussed the restoration and funding of the Honeoye Falls
Creek dam. The Town's request to FEMA for disaster mitigation monies has resulted in
an unfavorable response.

The Farmland Preservation Committee met and is researching alternatives.

The Greenway Project Steering Committee will be meeting on May 29 at the Town Hall
to review excerpts of pertinent documents.

Proposed Agriculture Tax Exemption Questions relating to Monroe County and School
Tax Burden Attorney Pavia has referred the questions to a tax attorney within his firm
and will respond to the Town by the Rush Agriculture Committee meeting on June 10th.

C. Councilwoman Sluberski The Summer Camp Program is not filling up with Rush
children as quick as in previous years and the Recreation Supervisor requests the
Board's permission to charge non-residents full cost per child for the program.
Supervisor Udicious had previously given the department permission to match the
Monroe County summer camp program grant. So that a proper determination could be
made, Councilman Knab asked for a written request outline.

A parent has requested permission to register their child in next year's Rush Afterschool
Program. The child has severe food allergies and requires immediate attention.
Attorney Frank Pavia was asked whether or not the town would be covered under the
Good Samaritan Law in this matter. Attorney Pavia requested Supervisor Stephens to
obtain written information from the parent in order to make a decision.

D. Rush Rifle Range - The Rifle Range is coordinated through Monroe Community
College. The monthly calendar as well as schedule changes are submitted to the Town
Supervisor and are forwarded by MCC to residents upon their request. An unscheduled
"flash bomb" drill occurred. Supervisor Udicious and Code Enforcement Officer Kusse
contacted and visited the Range, respectively. All unscheduled "flash bombs" were
cancelled. Pursuant to the town's agreement with the Range, all exercises are to be
reported immediately to the Town. Rules are now been posted on the grounds.

E. The Town Clerk's Office will be closed on June 4th to attend required training of the
New York State Department of Environmental Conservation Automated Licensing
System.

VI. OLD BUSINESS

1. Rush Senior Group (By-Laws, General Policy) Requested Amendments Attorney
Frank Pavia suggested that the by-laws created in 1966 and amended in 2000 be
converted to general membership policies governed by the Town Board.
Councilwoman Sluberski will relay Mr. Pavia's position to the Seniors Group.

VII. NEW BUSINESS

1. Employee Manual Proposed Amendments Changes to the Employee Manual
were presented, discussed and tabled for continued discussion at a future meeting.

2. Proposed Schedule for 2009 Budget Budget Officer Donald Reynolds distributed a
2009 Budget Deadlines Schedule to all department heads and Town Board members.

3. Proposed Location of the Library Gazebo The gazebo is proposed to be located
west of the covered ditch at the back entrance to the library. As a safety precaution, the
Library Board of Trustees recommended electric be fed to the gazebo. The gazebo will
be inspected pursuant to code. The Town will waive the building fee.

4. Mendon Foundation Request Request for support of the Mendon Foundation's
Grant application for grant funding of the Lehigh Valley Trail Extension and
Enhancement Project.

RESOLUTION # 97-08
Supervisor Udicious moved WHEREAS, since 1992 the Mendon Foundation has
worked hard to enhance the natural resources in the Towns of Mendon and Rush, and
to promote the rich cultural heritage of the communities in and adjacent to Southeastern
Monroe County; and

WHEREAS, the Mendon Foundation was successful in obtaining a total of $1,300,000
to create the Lehigh Valley Trail in the mid 1990s; and

WHEREAS, the Lehigh Valley Trail, paralleling the Erie Canal Trail is a major part of the
developing Genesee Region Trails network and contributes to the recreational
opportunities of the 3,500 residents of the Town of Rush; and

WHEREAS, the Mendon Foundation is currently seeking a grant under the federal
SAFTEATEA-LU grant program to support the trail development of the Lehigh Valley
Trail; and

WHEREAS, the Town Board now wishes to fully support the efforts of the Mendon
Foundation in securing funding for the development of the Lehigh Valley Trail and the
recreational offerings for the Town of Rush residents.

NOW, BE IT RESOLVED, that the Town Board of the Town of Rush hereby adopts this
Resolution in of support the Mendon Foundation and its grant application under the
federal SAFTEATEA-LU program for the funding of further development of the Lehigh
Valley Trail.

BE IT FURTHER RESOLVED, that the Town Supervisor be, and hereby is, authorized
and directed to record and publish this Resolution in a manner duly warranted.

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

VIII. OPEN FORUM

Supervisor Udicious invited anyone in the audience to address the Board.

Resident David Sluberski made a comparison comment regarding previous year's costs'
of Henrietta Recreation programs versus Rush Recreation programs and the additional
but nominal cost to all non-Henrietta residents. Also, in the past, Boy Scouts have not
been allowed to circulate information within the school as the district recreation
programs have in the past.

Dave Sluberski listened to the Town Board meeting minutes of May 14, 2008, and gave
his opinions and concerns of basic legislative minute recording and the necessity of the
town to move forward in its recording of and availability to meetings.

Kirsten Flass questioned Clerk Bucci about taking minutes. Clerk Bucci responded on
the official minute taking process and form in which they must be kept.


IX. EXECUTIVE SESSION
Supervisor Udicious motioned to move the meeting into Executive Session at 8:10 PM
to discuss potential code violations possibly leading to litigation.

Supervisor Udicious moved to return to regular session of the meeting at 8:27 PM.

With no further business, a motion was made by Councilman Knab and the meeting
was adjourned at 8:30 PM by common consent of all board members.

Respectfully submitted,

Pamela J. Bucci

Pamela J. Bucci
Town Clerk

Posted by gmadore at 11:30 PM

May 15, 2008

Rush Town Board Meeting Minutes - 2008/05/14

Click HERE for downloadable PDF.

RUSH TOWN BOARD
Minutes of May 14, 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 May 14, 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
Frank Pavia, Esq. ----- Attorney for the Town

OTHERS PRESENT: Jim Rumsey ----- Resident
Kirsten Flass ----- Library Director

I. OPEN FORUM Supervisor Udicious invited anyone in the audience to address the
Board.

Before the audience spoke, Councilman Knab asked Councilwoman Sluberski about the
recording device sitting on the table. Councilman Knab stated that as Official Records
Management Officer, Pamela Bucci records the official minutes of the Town Board and
that a second recording by an elected official was not necessary. Resident Dave
Sluberski has made a freedom of information law (FOIL) request of all Town Board
Minutes. Councilwoman Sluberski stated that she was testing her digital recording
device and lessening the time that the Town Clerk takes in making a duplicate record of
the town board minutes. Councilman Knab requested a copy of the recorded minutes
from Councilwoman Sluberski.

II. APPROVAL OF MINUTES April 23, 2008

RESOLUTION #93-08
Councilman Knab moved that the Minutes of April 23, 2008, meeting be approved.
Councilman Doupe seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.


Rush Town Board
May 14, 2008


2


III. APPROVAL OF ABSTRACT

RESOLUTION #94-08
Councilwoman Sluberski stated Be It Resolved, that having audited all the claims
against the funds listed on Abstract #9 in the amount of $38,265.12 be allowed for
vouchers #508 through #576. Councilman Anderson seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

IV. CORRESPONDENCE

A. Supervisor Udicious received a letter from Resident Hans Schmitthenner
recommending the Highway Department contact residents with a timeframe of work
scheduled to be performed in their immediate area. The Highway Department currently
notifies residents of major projects to be conducted; however, the recommendation will
be forwarded to the Superintendent of Highways.

V. REPORT OF OFFICERS AND COMMITTEES

A. Councilman Knab reported that the electrician has identified areas of correction on
the outdoor pedestal lighting and they will be remedied.

B. Councilman Anderson attended numerous meetings including pipeline safety,
farmland preservation and a planning workshop. According to Warren Wallace, brush
and trees will be removed from the Lehigh Valley Trail at Lehigh Street by Monroe
County.

C. Councilman Doupe An e-mail from Fred Ryan of Monroe County Emergency
Preparedness regarding National Incident Management System (NIMS) compliance
was received and forwarded to Fire Marshal Rick Tracy.

D. Councilwoman Sluberski The Recreation Department has requested a decision on
charges set for non-resident group use of Hart

Click HERE for downloadable PDF.

RUSH TOWN BOARD
Minutes of May 14, 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 May 14, 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
Frank Pavia, Esq. ----- Attorney for the Town

OTHERS PRESENT: Jim Rumsey ----- Resident
Kirsten Flass ----- Library Director

I. OPEN FORUM

Posted by gmadore at 11:29 PM

April 25, 2008

Rush Town Board Minutes - 2008/04/23

RUSH TOWN BOARD
Minutes of April 23, 2008
Regular Meeting


A regular meeting of the Rush Town Board, County of Monroe, was called to order by
Supervisor William Udicious at 7:00 PM on April 23, 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
Frank Pavia, Esq. ----- Attorney for the Town

OPEN FORUM Unoccupied Audience.

APPROVAL OF MINUTES April 9, 2008 Regular Meeting

RESOLUTION #90-08
Councilman Knab moved that the Minutes of April 9, 2008, meeting be approved as
written. Councilman Doupe seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

APPROVAL OF ABSTRACT

RESOLUTION #91-08
Councilman Anderson moved that having audited all the claims against the funds listed
on Abstract #8 in the amount of $35,613.35, that they be allowed for vouchers #452
through #507. Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

CORRESPONDENCE
1. Supervisor William Udicious sent a Memorandum and Fund Performance
Graphs to all town departments and town board members requesting all to
consider ways of reducing expenditures both current and future.

REPORT OF OFFICERS AND COMMITTEES
1. An electrician has been contacted by Councilman Knab and will be restoring the
exterior lighting. Also, the sprinkler system work was performed to satisfaction.

2. Councilman Anderson reported that the Rush Fire District wishes to meet with
the Town, Library and Schindler Elevator to discuss an elevator evacuation
procedure.

3. Councilman Doupe stated that Planning Board Chairman John Felsen wished to
be included in Town Board discussions of farmland preservation.

4. Councilwoman Sluberski attended a NYS Court Finances Teleconference.

OLD BUSINESS
1. Update on Development Park Area - The drawings of the park area behind the
Town Hall have been sent for approval to the New York State Department of
Environmental Conservation. The Town Highway Department will be the
labor force and equipment used on this project.

2. Update on Qualities Communities Project Councilman Anderson reported that
the Mendon Foundation will be clearing brush and installing a kiosk on the
LeHigh Street area entrance to the Lehigh Trail.

A request for endorsement of the Town's efforts to acquire funds for the repair of
the dam has been forwarded to the Honeoye Creek Greenway Study Steering
Committee.

3. Hart's Field Status The Town is awaiting the buyer's response. (Discussion
commenced without entering into executive session is rescinded from the
minutes by counsel)

NEW BUSINESS
1. Memorial Day Parade Invitation to participate in Steven Connors Post
sponsored 61st Annual Memorial Day Parade commencing at 9:30 AM on East
Henrietta Road and Rush Scottsville Road to the Pine Hill Cemetery for a
ceremony and dismissal by NYS Court of Appeals Justice Pickett at the Town
Park gazebo.

2. Farmland Preservation and Master Plan Councilpersons will be requesting
recommendations on updating the Town's Master Plan 2010. Councilman
Anderson read the Planning Board Minutes of the April 15, 2008 relating to tax
abatement farmland preservation. The Assessor's Office has a copy of the Office
of Real Properties Services through New York State Guidelines for Farmland
Preservation. Per Attorney Frank Pavia, final decision of tax abatement
farmland preservation is made by the Town Board.

3. 2007 Community Development Block Grant Contract for the Rush ADA Town
Hall Park Project - $25,000.00 Grant Agreement for authorized acceptance.

RESOLUTION #92-08
Councilman Donald Knab moved to allow Supervisor William Udicious to enter into a
contract agreement accepting the 2007 Community Development Block Grant Contract
for the Rush ADA Town Hall Park Project in the amount of $25,000.00 for furnishing
ADA compliant restrooms in the Rush Town Park. Motion was seconded by
Councilman Thomas Doupe.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

OPEN FORUM None.

EXECUTIVE SESSION
Supervisor William Udicious motioned and Councilman Donald Knab seconded to move
the meeting into Executive Session at 7:40 PM to discuss contract negotiations with
Crown Castle for co-location of cell tower.

Resolved, that the Board returned to regular session of the meeting at 7:54 PM.

With no further business, a motion was made by Councilman Knab and the meeting
was adjourned at 7:55 PM by common consent of all board members.

Respectfully submitted,

Pamela J. Bucci
Town Clerk

Posted by gmadore at 1:56 PM

April 11, 2008

Rush Town Board Minutes - 2008/04/09

RUSH TOWN BOARD
Minutes of April 9, 2008
Regular Meeting


A regular meeting of the Rush Town Board, County of Monroe, was called to order by
Supervisor William Udicious at 7:00 PM on April 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
Lisa Sluberski ----- Councilwoman
William Udicious ----- Supervisor
Pamela Bucci ----- Town Clerk
Charles Steinman, Esq. ----- Attorney for the Town

OTHERS PRESENT: Gerald Kusse ----- Code Enforcement Officer/
Building Inspector

I. OPEN FORUM Supervisor Udicious invited anyone in the audience to address the
Board.

II. APPROVAL OF MINUTES March 26, 2008

RESOLUTION #87-08
Councilman Doupe moved that the Minutes of March 26, 2008, meeting be approved as
written. Councilwoman Sluberski seconded the motion.
Roll:
Councilman Knab abstained
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 from the unexpended
balance of existing appropriations, Transfers #1 through #3 in the amount of $359.56 be
made and approved as follows:

General Fund Decrease Appropriation Increase Appropriation
Transfer
# Amount Account Description Account Description
1 $127.97 A-3410.4 Fire Protection Contractual A-3410.2 Fire Protection Capital Outlay
Provided for slight overage on radio purchase
2 96.99 A-1990.4 Contingency Contractual A-1972.4 Tax paid for cable company Contractual
Provide for slight overage on Cable Co tax payment
Appropriation of unreserved fund balance or unanticipated revenues
General Fund Decrease Appropriation Increase Appropriation
Transfer# Amount Account Description Account Description
3 135 A-3089 State Aid - Other A-1110.4 Court Contractual
Provide for slight overage on Cable Co tax payment

Councilwoman Lisa Sluberski seconded the motion.
Roll:
Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Anderson aye
Supervisor Udicious aye carried.

IV. APPROVAL OF ABSTRACT

RESOLUTION #88-08
Councilman Anderson moved that having audited all the claims against the funds listed
on Abstract #7 in the amount of $38,155.98 be allowed for vouchers #393 through #451
with the exception of Voucher #420. Councilman Knab seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

V. CORRESPONDENCE
A. Letter of March 31, 2008, from NYSDOT regarding Dorschel Development Site
on Route 15 south of Route I-390. A curb cut could be considered on Route 251.

B. Letter of March 26, 2008, from NYSDOT regarding the intersection of Route 15
and Rush-Henrietta Townline Road. A speed reduction will not be granted.
Riccelli Enterprises has submitted a preliminary plan for construction of a new
driveway onto Route 15 north of the intersection at the north end of their property.

VI. REPORT OF OFFICERS AND COMMITTEES
A. An electrician has been contacted by Councilman Knab and will be restoring the
exterior lighting. Also, the sprinkler system work was performed to satisfaction.

B. Councilman Richard Anderson stated that the three concerns raised at the
previous staff meeting are being addressed. A seasonal water fountain will be
placed at the playground area, Attorney Steinman gave a recommendation of a
restrictive community bulletin board and additional library signage will be
reviewed by the architect.

C. Councilwoman Lisa Sluberski gave a brief overview of proposed Recreation
Department programs.

VII. OLD BUSINESS
1. Update on Municipal Aid - The New York State budget has passed.
Assemblywoman Susan John notified Mr. Udicious that the Town of Rush would be
awarded 2008-2009 unrestricted municipal assistance for a total amount of
$160,000.

2. Request for Co-location of Cell Tower - The Town Board has reviewed Crown
Castle's drawing of Verizon's co-location on the cell tower located on town property.
Supervisor Udicious is awaiting Verizon's offer as to the additional income to the
town.

3. Report on Rush Court Audit the Board reviewed audit findings submitted.

RESOLUTION #89-08
Councilman Knab moved to accept the Rush Town Justice Court Audit Reports
provided by Councilman Thomas Doupe and Councilwoman Lisa Sluberski.
Councilman Richard Anderson seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

VIII. NEW BUSINESS
1. Summer Youth Program 2008 Councilwoman Sluberski conveyed her review of
the program with Recreation Supervisor Patricia Stephens. Costs over and above
the county grant will be determined and a cost per child will be charged to each
Rush participant.

IX. OPEN FORUM

Supervisor Udicious invited anyone in the audience to address the Board.

X. EXECUTIVE SESSION
Supervisor William Udicious motioned and Councilman Donald Knab seconded to move
the meeting into Executive Session at 7:35 PM to discuss potential litigation and a
personnel matter.

Resolved, that the Board returned to regular session of the meeting at 7:54 PM.

With no further business, a motion was made by Councilman Knab and the meeting
was adjourned at 7:55 PM by common consent of all board members.

Respectfully submitted,

Pamela J. Bucci
Town Clerk

Posted by gmadore at 1:55 PM

March 30, 2008

Rush Town Board Minutes - 2008/03/26

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. §§ 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

Posted by gmadore at 1:52 PM

February 29, 2008

Rush Town Board Minutes - 2008/02/27

RUSH TOWN BOARD
Minutes of February 27, 2008
Regular Meeting


The meeting of the Rush Town Board was called to order by Supervisor William
Udicious at 7:00 PM on February 27, 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: Charles Steinman, Attorney for the Town
Majed El Rayess, Architect
Joe Pullen, Civil Engineer

I. OPEN FORUM Supervisor Udicious invited anyone in the audience to address
the Board.

On the request of Councilwoman Sluberski, Supervisor Udicious read a letter to the
Town Board dated February 27, 2008, from David Sluberski regarding his position on
disapproval of the replacement of 2 highway department trucks.

II. APPROVAL OF MINUTES February 13, 2008

RESOLUTION #73
Councilman Knab moved that the minutes of February 13, 2008, meeting be approved
with the correction on page 5 of Councilwoman Sluberski s title of Councilwoman.
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

RESOLUTION #74
Councilman Anderson moved that having audited all the claims against the funds listed
on Abstract #4 in the amount of $361,651.90 be allowed for vouchers #208 through
#265 with the exception of voucher #229 which will be further researched. 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. Scottsdale Insurance Company - notification of claim for the deductible amount
of $5,000.00 regarding the Weaver vs. Town of Rush lawsuit.

B. Frontier Communications letter of February 22, 2008, regarding possibilities of
town-wide wireless internet access. Frontier will schedule a meeting with the
Supervisor.

C. Supervisor Udicious requested NYSDOT replacement costs of Route 15A
bridge located over the are of the Honeoye Creek dam as well as traffic study costs
in lieu of the dams replacement and/or emergency repairs. Monroe County will
need the data in order to seek funding for the project.

V. REPORT OF OFFICERS AND COMMITTEES
A. Councilman Knab After attending the annual Association of Towns meeting in
New York City, requests attendance at the Finger Lakes Building Officials
Association (FLBOA) meeting in March 2008 to continue updating building
credentials as well as guaranteeing ample Town code enforcement back-up.

RESOLUTION #75
Supervisor Udicious moved that Councilman Knab be granted permission to attend the
Finger Lakes Building Officials Association meeting in March 2008 to continue his
building official credentialing. Councilman Doupe seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Councilman Knab also made arrangements for defective sprinkler heads to be replaced
within the next few weeks. A lighting repair call is in progress.

B. Councilman Doupe Thanked the Town Board for also providing for his
attendance at the annual Association of Towns meeting in New York City. Town
Clerk Bucci requested Councilman Doupes assistance, as liaison to the Library
Board of Trustees, in soliciting the Trustees review of its approval of abstract
process.

C. Councilwoman Sluberski Monroe County Sheriffs Department alerted the
Supervisors office that there is a Level 3 Sex Offender living in 14543 country. The
Rush-Henrietta School District mails the exact notification to all residents in the
district. The notification has been posted on towns website and the town clerks
bulletin board.

D. Supervisor Udicious acknowledged that a public hearing will be held by the Rush
Town Board on March 12, 2008, at 7:15 PM, for the purpose of considering
revisions to a local law providing for the administration and enforcement of the New
York State Uniform Fire Prevention and Building Code in compliance with the
requirement of Part 1203 of the State code.

Notification was received that the Rush Market & Deli, 5946 East Henrietta Road,
Rush, will go to auction on March 21, 2008, at 10:15 AM at the Monroe County
Office Building, Rochester.

VI. OLD BUSINESS

New York State has awarded the Town matching grant monies in the amount of
$100,000.00 for the development of the property located in the back of the Town Hall.
The matching $100,000.00 will come from appropriate current town funds. Majed El
Rayess of El Rayess Architects along with civil engineer Joe Pullen presented a
drawing and explanation of the proposed development of the recreational area in the
back of the town hall. Revisions have been made in consideration of the Department of
Environmental Conservation, (DEC), changes in flood plain specifications. An under-
drain system, referred to as a rain garden, will be created and underground utilities will
be kept in close proximity to the sidewalk areas.

Supervisor Udicious has recently requested additional Community Development Block
Grant (CDBG) monies toward building of restrooms.

RESOLUTION #76
A motion was made by Councilman Knab and seconded by Councilman Anderson to
accept the development concept presented by Majed El Rayess, of El Rayess
Architects, and to proceed, utilizing the grant monies awarded.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

VII. NEW BUSINESS

1. Highway Departments request for replacement of 2 pick-up trucks A
replacement flow chart was presented and purchase explanation given according to the
15-5 year capital equipment replacement plan. Superintendent King explained the
usage and maintenance on current trucks as well as the reasons warranting scheduled
replacements.

A state bid system exists enabling towns to use a 2-year cycle of purchasing and
auctioning new pick-up trucks thus saving capital. Councilman Anderson requested
Superintendent Kings invitation of the agency plan at a future meeting.

RESOLUTION #77
Councilman Knab made a motion to authorize Superintendent Kings replacement of 2
Highway Department pick-up trucks according to the capital equipment replacement
plan. Councilman Doupe seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Supervisour Udicous noted that two tables and podium are needed to complete the
Courtroom renovations. Resident Contractor Keith Eggleston who has completed the
previous renovations, submitted a quote of $2,950.00.

RESOLUTION #78
Councilman Knab made a motion to approve Resident contractor Keith Egglestons
construction of two court room tables and a podium for an amount not to exceed
$3,500.00. Councilman Doupe seconded the motion.
Roll:
Councilman Knab aye
Councilman Anderson abstained
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

VIII. OPEN FORUM

Supervisor Udicious invited anyone in the audience to address the Board.

IX. EXECUTIVE SESSION

Supervisor Udicious motioned to move the meeting into Executive Session at 7:55 PM
to discuss a pending litigation matter of a code violation.

Councilman Knab moved to return to regular session of the meeting at 8:10 PM.

The Board returned to regular session and the meeting was adjourned at 8:15 PM by
common consent of all board members.

Respectfully submitted,

Pamela J. Bucci
Town Clerk

Posted by gmadore at 1:48 PM

February 15, 2008

Rush Town Board Minutes - 2008/02/13

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

Posted by gmadore at 1:43 PM

January 25, 2008

Rush Town Board Minutes - 2008/01/23

RUSH TOWN BOARD
Minutes of January 23, 2008
Regular Meeting


The meeting of the Rush Town Board was called to order by Supervisor William Udicious at 7:00 PM on January 23, 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, 1178 West Henrietta Road
Dave Meyer, 2147 Rush-Mendon Road
Richard Spencer, Rush-Mendon Road

I. OPEN FORUM

Mr. Richard Spencer requested an update on the Community Greenway Project workshop held on January 7, 2008, at the Rush Town Hall and would like to be notified when future meetings would occur. Councilman Anderson responded that members of the Steering and Citizens Committees were informed by e-mail of the workshop and the meeting date was posted on the town website under Government, Community Projects. Minutes of that meeting are being finalized and will be available on the town website.

II. APPROVAL OF MINUTES January 9, 2008

RESOLUTION # 63
A motion was made by Councilman Knab and seconded by Councilman Doupe to approve the regular meeting minutes of January 9, 2008, as presented.
Roll:
Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III. APPROVAL OF ABSTRACT

RESOLUTION #64
Councilman Knab moved BE IT RESOLVED, that having audited all the claims against the funds listed on the abstract, in the amount of $101,698.18 be allowed for vouchers #45 through #106. Councilman Doupe seconded the motion.

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

IV. CORRESPONDENCE

Supervisor Udicious Letter from Monroe County Office of Emergency Preparedness regarding windstorm damage countywide on January 9, 2008. The Count requested a damage submission for Rush. After conferring with Highway Superintendent Steven King an approximation of $12,000 for partial brush pick-up would be needed. Councilman Anderson added that the usually a FEMA declaration occurs with these requests and one did not occur.

Public Hearing - Letter from the Monroe County Clerk of the Legislature announcing a public hearing on January 28, 2008, Pittsford Town Hall, regarding modifications to Agricultural District #6. Modifications include 3 parcels, one of which is in Rush, 57.71 acres at 2705 Pinnacle Road. Public Hearing notice is posted in the Town Hall.

Monroe County Board of Elections Letter from Monroe County Board of Elections was received inviting town officials to attend and view new voting machines at the Medley Center, Irondequoit.

Public Hearing - Noticed of Public Hearing regarding COMIDA, uniform tax exemption policy, on February 14, 2008, at the Ebenezer Watts Building, South Fitzhugh Street. Hearing is posted in the Town Hall.

V. REPORT OF OFFICERS AND COMMITTEES

A. Councilman Anderson Both Pamela Bucci and Councilman Anderson attended the Association of Towns training for Newly Elected Officials in Rochester, New York on January 15-17, 2008.

B. Councilman Doupe wished to remind the community of the Rush Public Librarys hosting of its annual Wine Tasting event at the Rabbit Room, Honeoye Falls, on Saturday, February 2, 2008, $25.00 each/$45.00 couple.

C. Councilwoman Sluberski reported as liaison to Zoning Board of Appeals that comments on the planning unit development, (PUD) have been submitted to the Town Board.

D. Code Enforcement Officer Kusse reported that the log jam on Honeoye Creek has been removed.

VI. OLD BUSINESS

Update on Quality Communities Project (re: Dam Study) - Councilman Richard Anderson reported that an underwater assessment was done as a precursor to an engineering study that needs to be completed. There is structural damage to the Dam and other conditions warrant attention. Supervisor Udicious forwarded the Larsen Engineering report and detailed engineering report to local and state officials. Request for funds to repair the Dam were previously submitted in 1996, 2000 and 2007 to no avail. Recent findings may elevate the Dam to a higher hazard classification.

Farmland Preservation - Councilman Anderson noted the 2005 recommendation of the Planning Board to adopt one of two processes to ensure farmland preservation. Options include tax abatement by public referendum or a rolling farmland trust which requires federal funding. Councilman Anderson recommended a tax abatement program. Currently, Rush has 370 acres that are protected. Councilman Anderson will respond to the Planning Board that the Town Board will further study the tax abatement option.

VII. NEW BUSINESS

Proposal for Co-location on Cell Tower behind Town Hall (Verizon) - Supervisor Udicious stated that Verizon would like to locate within the hamlet of Rush and is proposing to co-locate on the cell tower behind the Town Hall.

Monroe County has enacted the amendment of local laws for Tax Exemptions for Persons Age 65 or Over, Persons with Social Security Classified Disabilities and a local law granting Cold War Veterans Exemption. The Cold War timeframe is September 2, 1945, through December 26, 1991. A public hearing date will be set for February 13, 2008, at 7:15 PM. Publication of legal notices will be done.

VIII. OPEN FORUM

Mr. Dave Meyers encouraged the Town Board to continue working on the creek and Dam. He also inquired the state on the Rush Deli and Market, which is private property

Supervisor Udicious stated that the Town is in constant contact with the realtor but final decisions have not been made. Mr. Meyers noted that farmland preservation is important to residents.

Mr. Richard Spencer commented that he was more interested in farmland he could see and drive by from the road than farmland in somebody elses backyard. He is not interested in preserving a way of life but preserving green space for an impact on the quality of life.

Mr. Richard Spencer requested better internet access in Rush. The southern part of Rush does not have broadband access.

Councilman Knab moved to adjourn the meeting and Councilman Anderson seconded it. The meeting was ended by common consent at 7:59 PM.

Respectfully submitted,



Pamela J. Bucci
Town Clerk

Posted by gmadore at 1:40 PM

January 13, 2008

Rush Town Board Minutes - 2008/01/09

RUSH TOWN BOARD
Regular Meeting
January 9, 2008


The Regular Meeting of the Rush Town Board was called to order by Supervisor William Udicious at 7:00 PM on January 9, 2008, at the Rush Town Offices, 5977 East Henrietta Road, Rush, New York, followed by the Pledge of Allegiance to the Flag.

Present: Donald Knab, Councilman
Richard Anderson, Councilman
Thomas Doupe, Councilman
Lisa Sluberski, Councilwoman
William Udicious, Supervisor
Pamela Bucci, Town Clerk

Others: Frank Pavia, Attorney for the Town
Jim Rumsey, 1178 West Rush Road
Jack Mould, 6542 Rush-Lima Road

I. Approval of Minutes

RESOLUTION #61
Councilman Knab moved that the Minutes of the Regular Meeting of December 12, 2007, be approved as written. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II. Transfer of Funds and Approval of Abstract

RESOLUTION # 62
Councilman Knab moved that the following transfers of funds be made and that the abstract in the amount of $86,059.84 covering vouchers #1 through #44 be approved:

Decrease Appropriation Increase Appropriation
Amount Account Description Account Description
$86.00 A-1310.2 Finance A-1310.4 Finance
Capital Outlay Contractual
To cover final ADP Fees of 2007
$500.00 A-1620.1 Building A-1620.4 Building
Personal Services Contractual
To Cover final Utility Bills of 2007
$1,360.00 A-1670.4 Central Printing A-5132.4 Garage
Contractual Contractual
To Cover final Utility Bills of 2007
$975.00 A-1450.4 Elections A-5182.4 Street Lighting
Contractual Contractual
To Cover final Utility Bills of 2007
$5,200.00 A-7020.4 Recreation A-9901.9 Transfers
Contractual To Other Funds
To Cover Highway Fund needs (see trans 15,16)
$4,290.75 A-8020.4 Planning A-9901.9 Transfers
Contractual To Other Funds
To Cover Highway Fund needs (see trans 15,16)
$442.83 DA-5110.1 General Repairs DA-5130.4 Machinery
Personal Services Contractual
Transfer within Hwy to Cover final 2007 Expenses
$2,241.91 DA-5142.1 Snow Removal DA-5140.1 Misc. Brush/Weeds
Personal Services Personal Services
Transfer within Hwy to Cover final 2007 Expenses
$451.13 DA-9060.8 Fringe Benefits DA-5140.4 Misc. Brush/Weeds
Health Insurance Contractual
Transfer within Hwy to Cover final 2007 Expenses
$50.67 DA-9060.8 Fringe Benefits DA-5148.4 Other Governments
Health Insurance Contractual
Transfer within Hwy to Cover final 2007 Expenses
$263.79 DA-5110.1 General Repairs DA-5148.1 Other Government
Personal Services Personal Services
Transfer within Hwy to Cover final 2007 Expenses
$779.97 DA-5142.1 Snow Removal DA-5148.1 Other Government
Personal Services Personal Services
Transfer within Hwy to Cover final 2007 Expenses
$291.78 DA-9060.8 Fringe Benefits DA-5148.1 Other Government
Health Insurance Personal Services
Transfer within Hwy to Cover final 2007 Expenses
$629.67 DA-5142.1 Snow Removal DA-9030.8 Fringe Benefits
Personal Services Social Security
Transfer within Hwy to Cover final 2007 Expenses
$6,718.15 DA-5031 Inter-fund Transfers DA-5130.1 Machinery
Personal Services
To Cover Highway Fund needs (see trans 5,6)
$2,772.60 DA-5031 Inter-fund Transfers DA-5148.1 Other Government
Personal Services
To Cover Highway Fund needs (see trans 5,6)

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

III. Correspondence

E-mail to Supervisor Udicious from Cedarwood Insurance, town insurance carrier Supervisor Udicious reported that Cedarwood has received two claims of suit against the Town of Rush related to Gile vs. County of Monroe and Cincia vs. County of Monroe. Both suits involve a truck roll-over occurring during a paving project on Honeoye Falls No. 6 Road.

IV. Reports of Officers and Committees

1. Town Board
Supervisor Udicious, reported that advertising of both the Zoning Board of Appeals and the Assessment Review Board open positions resulted in only a couple applications. The Board will accept additional applications until its next meeting, January 23, 2008. At that time interviews will be scheduled.

Councilman Knab stated that gutter work on the Town Hall has been completed.

Councilman Anderson discussed the progress on the Hamlet of Rush and Honeoye Creek Greenway Project. Reports, maps, and resource material were distributed. An Areas of Focus meeting was held on January 8, 2008, at the Rush Town Hall.

Councilman Doupe announced the Rush Public Librarys Wine Tasting Fundraiser is scheduled on Saturday, February 2, 2008, 7 PM, at the Rabbit Room, Honeoye Falls. Also, there are two new members of the Library Board of Trustees, Chris Giordano and Terry Shern.

Councilwoman Sluberski noted that the Zoning Board of Appeals discussed the Planned Unit Development (PUD) and will be preparing their comments for the Town Board.

Councilman Sluberski reported that the Recreation Departments Winter Festival scheduled for January 26th has been cancelled due to lack of vendor participation.

2. Code Enforcement Officer/Building Inspector Mr. Kusse reported that removal of the log jam on Honeoye Creek would be postponed due to warm weather and muddy conditions prohibiting heavy equipment on the surrounding properties without damage.

Mr. Kusse stated that the Rush Market and Deli purchase is currently in negotiations.

V. Old Business

1. Dedication of Telephone Road Extension The deed has been provided to the Town for the dedication of this road extension. The town will now maintain the road. The road will no longer be called an extension but will be included as part of Telephone Road. An informational letter will be forwarded to current residents affected by the dedication.

2. Community Development Block Grant (CDBG) for 2007 Supervisor Udicious will be resubmitting the CDBG request for additional funding by February 15, 2008, for ADA compliancy improvements.

3. Request for Re-zoning of Properties at 6115 and 6123 Rush-Lima Road from Residential R-30 to Commercial (C). Comments from Monroe County Planning were provided to all Town Board and Planning Board members and Frank Pavia, Esq.

VI. New Business
1. Establish Public Hearing date for a Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code Mr. Kusse noted that the State provided a template of the Local Law. A public meeting will be scheduled for February 20th, 2008, 7:15 PM.

2. Historian Responsibilities - Supervisor Udicious requested the Town Clerk collect historical information as it occurs in the Town in the absence of the Town Historian. Town Historian David Oliver is on active duty serving the Country in Afghanistan. Town Clerk Bucci accepted the interim responsibility and will contact Mr. Oliver via email on the matter.

3. Planned Unit Development (PUD) Supervisor Udicious has forwarded a memorandum to both Zoning and Planning Boards requesting input so that a future public hearing can be conducted. All boards were provided samples of other town PUDs from the Attorney for the Town.

4. Councilman Anderson will download an application on Farmland Preservation to the Planning Board.

5. Supervisor Udicious suggested that the Town enlist a professional firm to update the Towns Comprehensive Plan and that noted that funds would be provided for in the 2009 Budget.

6. Supervisor Udicious announced that the Association of Towns of the State of New York will be conducting a 2008 Training School on January 15-17, 2008, in Rochester, New York. Councilman Anderson and Town Clerk Bucci will be attending. The Annual Association of Towns Training and Meeting will be held in New York City on February 17-20, 2008. Councilwoman Sluberski and Councilmen Doupe and Knab will be attending this training.

Councilman Anderson moved to adjourn the meeting. Councilman Knab seconded the motion and the meeting ended by common consent at 8 PM.

Respectfully submitted,



Pamela J. Bucci
Town Clerk

Posted by gmadore at 1:34 PM

December 12, 2007

Rush Town Board Minutes - 2007/12/12

Rush Town Board
December 12, 2007

A regular meeting of the Rush Town Board was held on December 12, 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: Steven King, Highway Superintendent
Gerald Kusse, Code Enforcement Officer
Ray Vosefski, Telephone Road Extension
Kyle Niatico, Rush Henrietta Central School
John Bone III, “ “ “
John Vincent, Thunderidge Drive

I Approval of Minutes

RESOLUTION #170
Councilman Anderson moved that the minutes of the regular meeting of November 14, 2007 be approved as presented. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II Transfer of Funds and Approval of Abstracts

RESOLUTION #171
Councilman Knab moved that the following transfers of funds be made:

$2,700.00 from A-1990.4 Contingency, Contractual to A -9901.9 Transfers to Other Funds, Contractual- budget oversight
$4,000.00 from A-1980.4 Contingency, Contractual to A-51321.4 Garage, Contractual – budget oversight
$7,000.00 from A-1980.4 Contingency, Contractual to A-1620.4 Building, Contractual – prep & operate 1911

$2,700.00 from A-1320.4 Audit, Contractual to A-5182.4 Street Lighting/Lane Marking, Contractual – unbudgeted expense
$173.00 from A-3640.1 Disaster, Pers. Serv. To A-3410.1 Fire Marshall, Pers. Serv. - funding error
$.013 from A-3640.1 Disaster, Pers. Serv. To A-3620.1, Inspection Pers. Serv. – rounding error
$28.23 from A-1310.2 Finance, Capital Outlay to A-3510.4 Dog Control, Contractual – truck door signs
$150.00 from A-1310.2 Finance, Capital Outlay to A-1310.4 Finance, Contractual – ADP fee increase

$2,500.00 from DA-5148.1 Serv. To Other Govt., Pers. Serv. To DA-5110.1 Maint. Of Roads, Pers. Serv. – budget oversight
$8,000.00 from DA-5148.1 Serv. To Other Govts. Pers. Serv. To DA-5140.1 Misc. Brush/Weeds, Pers. Serv. – budget

$1,900.00 from DA-5031 Highway Revenue, Interfund Transfer to DA-5130.4 Machinery, contractual – budget oversight
$800.00 from DA-Highway Revenue, Interfund transfers to DA-5140.4 Misc. Brush, Contractual – budget oversight
Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Abstract #22
RESOLUTION #172
Councilman Anderson 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 $26,458.41 be allowed for vouchers #1184 through #1233.
Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Abstract #23
RESOLUTION #173
Councilman Anderson 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 $246,462.34 be allowed for vouchers #1234 through #1293.
Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Correspondence

1. Summary of Health Care Cost for 2008 from Donald Reynolds, Director of Finance

2. State Comptroller’s Office, 12/07/07 re threshold limits for special district costs

3. Memo from Recreation Supervisor, Pat Stephens re winter festival plans

IV Public Hearing

Rezoning Request of James Volpe for properties at 6115 and 6123 Rush Lima Road from residential to commercial

Town Clerk Henry read the legal notice and attested to the proper posting of that notice. Supervisor Udicious opened the floor to anyone wishing to comment on this matter.
There were no comments from the audience or the board.

Supervisor Udicious stated that no decision would be made at this meeting as several conditions set by the Monroe County Planning Department would needed to be addressed by the applicant. It is anticipated that the Board will make a decision at one of the January 2008 meetings.

RESOLUTION #174
Councilman Anderson move that the public hearing on the rezoning request by James Volpe for the rezoning of 6115 and 6123 Rush Lima Road from 30-Residential to Commercial be closed. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

V Reports of Officers and Committees

1. Town Board – Councilman Knab reported that the electrical work in the town hall has begun and will be completed by the end of the year.

Councilman Anderson stated that Planning Board member Don Sweet had presented the Planning Board with information he obtained from a seminar on farmland preservation. The purchase of development rights seemed to be the suggested path to follow. The Planning Board’s reply to the Town Board’s request for input on the PUD zoning creation will not be addressed until the Town Board responds to the Planning Board’s 2005 recommendations on farmland preservation.

Councilwoman Sluberski reported that Recreation Supervisor was working on the basketball program and beginning work on the summer program.

2. Code Enforcement Officer - Mr. Kusse stated that he had met with the Engineer for the Town and the engineer hired by Glenn Curran to review the construction of a driveway thru his property and a large wetlands area. It was agreed that the provisions to handle the stream and runoff on his property is not adequate. It was agreed by the Board after discussion that Mr. Kusse is to send a letter Mr. Curran asking what the plan to correct the driveway deficiencies is or if not corrected, the structure must be removed.

3. Highway Superintendent – Mr. King stated that the truck purchased should be on line next week after the addition of plow and other equipment.

Mr. King explained the shortfall in his budget that was created in July of 2006 for this year. When Mr. King became aware of the problem in August, he had hoped that by cost cutting measures and some unexpected revenues that he would cover the shortfall. However that did not happen. Mr. Anderson asked if the transfers made would cover costs to the end of the year. Mr. King replied that the costs for two snow storms would be covered but more than that he would need additions funds.

VI Old Business

1.Telephone Road Extension – Supervisor Udicious stated that the deed had still not been received but that the Town Attorney was talking to the attorney for the land owner and he anticipated that the deed would be forthcoming soon. He further explained that in the interim the Town Board would need to authorize the Highway Superintendent to maintain the road (snow plow) to protect the safety of the residents on the road and make sure that emergency vehicles would be able to pass.

RESOLUTION #175
Supervisor Udicious moved that the Highway Superintendent be authorized to maintain the Telephone Road Extension when he felt it was necessary to protect the safety of the residents on that road and to allow the safe passage of emergency equipment, if required. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Highway Superintendent King stated that the cost of maintaining the road was very small and Supervisor Udicious said the cost was not the issue but the need to provide a legal document that would allow the town to provide maintenance of the road in the future.

Councilman Knab suggested that a bill be sent to the land owner for the road plowing services.

2. Insurance for 2008 – Supervisor Udicious briefly reviewed the insurance chart given the board members and stated that although the umbrella policy limits was being raised to $3,000,000.00, the overall cost of insurance for the town for 2008 would be less than last year.

RESOLUTION #176
Councilman Knab moved that the Supervisor be authorized to sign a contract with Cedarwood Insurance Company to provide insurance for the Town of Rush for the year 2008. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

VII New Business

1. Highway Department Agreement to spend Highway Funds in 2008 –
The Board reviewed the projects and cost list provided by Highway Superintendent King for the 2008 road work scheduled. Superintendent King explained that he has been saving his CHIPs funding for several years and that in 2008 the Town projects costing over $100,000.00 will only cost tax payers about $20,000.00.

RESOLUTION #177
Councilman Anderson moved that the Town Board accepts the proposed expenditure of highway funds for the repair and improvement of highways within the town in 2008 prepared by the Highway Superintendent. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

2. NYS Shared Services Grant - Supervisor Udicious stated that the County had a applied for a grant last year for the purchase of equipment that could be shared by all towns within the County, at no cost to the Towns, as the County will pick up the remaining 10% of the purchase price not covered by the grant. The grant was not received but is being applied for again and a new resolution of town participation is required.

RESOLUTION #178
Supervisor Udicious moved WHEREAS, the County of Monroe, the Town of Rush and other towns in Monroe County are eligible to receive grant funding under the New York State Department of State’s Shared Municipal Services Incentive Grant Program which provided funds to undertake projects or purchase equipment that encourages inter-municipal cooperation and

WHEREAS, Monroe County and towns within the County have identified specific pieces of equipment at a cost of $300,000.00 that could be shared by, and provide benefits to, each municipality, and

WHEREAS, the Shared Municipal services Incentive Grant Program will fund 90% of the purchase price of the equipment, if the remaining 10% balance is provided by local municipalities, and

WHEREAS, the County of Monroe has agreed to be the lead applicant for the grant application and to provide the entire 10% of the local funding requirement for the new equipment, and

WHEREAS, should grant funding be secured for this purchase, the County has also agreed to store and perform all maintenance on the new equipment.

THEREFORE, BE IT RESOLVED, that the Town of Rush shall be co-applicant with the County of Monroe and other Monroe County towns on an application for a Shared Municipal Services Incentive Grant from the State of New York.
Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Open Forum

Code Enforcement Officer Kusse stated that the transfer of the property formerly occupied by the Rush Market will take place soon but that the option to continue pumping gas will end if sales do not resume by January 4, 2008. Therefore the town may expect to see a kiosk and gas sales very soon to preserve the pre-existing non conforming use of gas sales within 500 feet of another gas pumping facility.

Councilwoman Sluberski asked about the log jam and Mr. Kusse explained that it was necessary to wait for the ground to freeze more in order to reduce any damage to the farm lands along the jam area.

Supervisor Udicious thanked Town Clerk Henry for her service to the town and the Board wished her well on her retirement.

Councilman Knab made a motion to adjourn the meeting and the board was all in agreement.

Time: 7:45 p.m.

Respectfully submitted,

Linda G. Henry
Rush Town Clerk

Posted by gmadore at 3:25 PM

December 5, 2007

Special Meeting of the Rush Town Board - 2007/12/05

Special meeting
Rush Town Board
December 5, 2007

A Special Meeting of the Rush Town Board was held on December 5, 2007 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 6:00 p.m.

Present: Councilman Donald Knab
Councilman Richard Anderson
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Frank Pavia, Attorney for the Town of Rush

1. Intermunicipal Agreement with County of Monroe

Supervisor Udicious explained that the Intermunicipal Agreement with the County of Monroe will provide the town with an amount of funds equal to any sales tax revenue reduction incurred by the town as a result of the County’s election of the intercept described in Section 2 of Chapter 58 of the Laws of New York 2005. After discussion:

RESOLUTION #168
Councilman Knab moved be it resolved, the Supervisor of the Town of Rush is hereby authorized to execute the Intermunicipal Agreement, and any amendments thereto, with the County of Monroe, for the provision of funds by Monroe County to the Town of Rush such that the Town of Rush does not experience a loss of revenue as a result of the County of Monroe’s election of the intercept described in Section 2 of Chapter 58 of the Laws of New York 2005.

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

2. Sale of Hart’s Field – A letter dated November 19, 2007 from Attorney Lawrence Goldstein representing the individuals who have made a purchase offer on the Hart’s

Field property was discussed. Attorney Pavia will speak to the Harris Beach attorney handling the sale for the town regarding the conditions of sale proposed by the potential buyer. The Board agreed that working out the details of any sale could be handled by the Supervisor.

3. 1911 Rush Scottsville Road renovation - An email and conversation with Marsh properties regarding the conversion of the office at 1911 to a studio apartment was discussed.
The assured rental of the unit for six months will cover the cost of the conversion.

RESOLUTION #169
Councilman Knab moved that the Supervisor be authorized to enter into a rental agreement with Marsh Properties for the conversion of the office at 1911 Rush Scottsville Road to a studio apartment. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

The meeting was adjourned by common consent.

Time: 6:25 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 3:26 PM

November 15, 2007

Rush Town Board Minutes - 2007/11/15

Rush Town Board
November 15, 2007

A regular meeting of the Rush Town Board was held on Thursday, November 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Gerald Kusse, Code Enforcement Officer
William Riepe, Henrietta
Carl Ast, Woodruff Road
Ryan Ast, Woodruff Road
David Sluberski, Rush West Rush Road
Pamela Bucci, West Henrietta Road

I Approval of Minutes

RESOLUTION #154
Councilman Doupe moved that the minutes of the regular meeting of October 24, 2007 be approved as presented. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II Transfer of Funds and Approval of Abstract

RESOLUTION #155
Councilman Knab moved that the following transfers of funds be made:
General
$1800.00 from A-1320.4 Audit, Contractual to A-1355.2 Assessment, Capital Outlay – computer replacement
$2,000.00 from A-5010.1 Highway Admin. Per. Serv. To A-9901.9 Transfer to Other Funds, Per. Serv.
$185.00 from A-7110.1 Parks, Per. Serv. To A-9901.9 Transfers to Other Funds, Per. Serv.
$3,600.00 from A-7110.4 Parks, Contractual to A-9901.9 Transfers to Other Funds, Per. Serv.
$590.00 from A-8160.1 Transfer Station, Per. Serv. To A-9901.9 Transfers to Other Funds, Per. Serv. – transfers from general funds to highway funds
$657.00 from DA-5110.4 Maint of Roads, Pers. Serv. To DA-5130.1 Machinery, Pers. Serv. – shortfall
$30,000.00 from DA-5148.1 Serv. to Other Govts. Pers. Serv. To DA5130.1 Machinery, Pers. Serv. – shortfall

$457.00 from DA-9040.8 Fringe Benefits, Workers Comp. to DA-9010.8 Fringe Benefits, State Retirement – shortfall
$1,000.00 from DA-9060.8 Fringe Benefits, Health Ins. To DA-9030.8 Fringe Benefits, Soc. Security.
$353.00 from L-7410.1 Library, Per. Serv. To L-9010.8 Fringe Benefits, State Retirement – New participant
$114.00 from L-7410.1 Library, Per. Serv. To L-9040.8 Fringe Benefits, Workers Comp – overage

Highway
$2,000.00 from DA-5031 Interfund transfer to DA-5130.1 Machinery, Pers. Serv.
$185.00 from DA-5031 Interfund transfer to DA-5130.1 Machinery, Pers. Serv.
$3,600.00 from DA-5031 Interfund Transfer to DA-5140.1 Misc. Brush/Weeds Pers. Serv.
$590.00 from DA-5031 Interfund Transfer to DA-5130.1 Machinery, Pers. Serv.
Correction of oversights in budgeting for 2007 straight time wages.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

RESOLUTION #156
Councilman Anderson 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 $60,274.84 be allowed for vouchers #1105 through #1183. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Reports of Officers and Committees

1.Town Board – Councilman Knab reported that his son David had achieved the Eagle Award in Scouting and he wished to brag. He stated that the transformers for the two parking lot lights that need to be replaced are on backorder and will be available about January 15th.

Gutter proposals from three companies should be available next week and as well as a proposal for the heat tape on the roof.

Councilman Anderson reported on the first workshop for the Quality Communities Grant and he felt it had been successful. Board members attending also agreed with this assessment. Mr. Anderson had met with Mr. Gordon of Larsen Engineers and a report on the comments/suggestions from that meeting will be provided by RRCDC. The report will be placed on the Town Website for all residents to view.

The next step in this process will be some action by other involved in this project and a second meeting to be held in January. It is hoped that a final report will be available in February. The grant the town has received is only for studies and planning the implementation of the proposal would require application to other sources of funds. Many of these grants are 50/50 matching grants and will require some study.

Councilwoman Sluberski mentioned the memo sent by the Recreation Director requesting additional staff and after the board discussed the matter, there was general agreement that more work had to be done on the justification figures before the board could consider the request. Councilwoman Sluberski will work with Recreation Supervisor Stephens to attempt to bring the economic data provided in line and to prepare a vision of where Mrs. Stephens would like the programs to go and how big she would like to see it grow.

On the subject of links to the Town Website by other groups information on this matter is still be sought and the policy of the school district on this matter has been sought.

Councilwoman Sluberski and Fire Marshall Richard Tracy attended a PODs meeting in Honeoye Falls. A Manual had been prepared but only one copy was given to the town. Copies will be made and distributed.

The Recreation’s Winter Festival will be on January 26th at Rush Methodist Church and will be co sponsored by the church, recreation department and library. Snow would be helpful but inside and outside activities are being planned.

2. Code Enforcement – Code Enforcement Officer Kusse reported that the rubbish container from Rush Market and Deli has been removed but there is evidence of large rodent investigation. This matter will have to be addressed by the new owner when the legal process on this property is concluded. The crops have been removed from the fields that will be used for removing the log jam and the contractor who will be doing the work has been contacted and hopefully the work will be completed soon.

3. Supervisor – Supervisor Udicious stated that the second apartment at 1911 has been rented and there is serious interest in the third. The State has been contacted about renewing their lease on the office on the first floor.

The Board was asked to check on the progress on the new court judge’s bench and the work should be completed in the next few weeks.

IV Old Business

1.PUD Description in the Zoning Ordinance – Supervisor Udicious stated that Attorney Pavia had provided copies of the PUD (Planning Unit Development) sections from the Zoning Ordinances of four towns. The Town of Rush has received an inquiry for a development on Rush West Rush Road that was being proposed using the PUD concept which is not a part of the Rush Zoning Ordinance at this time. The town would need to change the Rush Ordinance before any consideration of the proposal was possible. It was agreed that these sample PUD regulations should be sent to the Planning and Zoning Boards for their review and comment prior to the town board creates a set of regulations for Rush.

2.Telephone Road Extension – Jack Moore has still not provided a deed for the road and no action on final dedication can take place at this time.

3. Rezoning of Volpe Property – The application submitted for James Volpe for the rezoning of 6115 and 6123 Rush Lima Road from R-30 Residential to Commercial has been sent to the County for their review and comment. The Planning Board has sent their letter of recommendation for the rezoning to the Town Board and now a public hearing needs to be scheduled.

RESOLUTION #157
Supervisor Udicious moved that a Public Hearing be scheduled for December 12, 2007 at 7:15 p.m. to consider the application of James Volpe for the rezoning of property located at 6115 and 6123 Rush Lima Road from R-3- Residential to Commercial. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

4. Drainage Petition – Rush View Heights Subdivision - Supervisor Udicious deferred to the Deputy Supervisor on this matter since he is a resident of the area under discussion. Councilman Knab stated that the recommendation from the Planning Board on this matter was that signed and filed easements were needed from all the property owners involved and a map of the district needs to be provided. After discussion the board agreed that someone needs to lead this petition and it traditionally is a developer. Therefore, the original petitioner William Gaffney will be contacted by Mr. Knab, in writing, and informed that he must spearhead this project and obtain the necessary easements and map before the town can act on his request. These easements must then be filed in the Monroe County Clerks office after review by Mr. Pavia. The question of any property owner refusing to sign an easement and its effect on the project must be addressed by the attorney for the town.

RESOLUTION #158
Councilman Doupe moved to authorize Councilman Knab to contact Mr. Gaffney concerning the need for the easements and map for the proposed drainage district and to continue guiding the process along. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious abstained carried.

5. Exemption from property taxes based on non reimbursed medical expenses –

The County of Monroe has not adopted this exemption and a number of county town’s contacted have also not opted to adopt this program. The paperwork involved would be great, validation difficult and the privacy issue makes this an unworkable option at this time. All the Board was in agreement to not act the request made for adoption of this exemption.

6. Industry waterline – Supervisor Udicious stated that he had been contacted by the State and a further extension in time has been given to BOCES, the Transportation Museum and Mrs. Weaver for the shut off of the water to these properties. No definite cut off date is being offered at this time.

V New Business

1. Adopt 2008 Budget -

RESOLUTION #159
Councilman Knab moved that the Preliminary Budget for the Town of Rush as proposed at the Public Hearing on October 10, 2007 be adopted as the Adopted Budget for the Town of Rush for 2008. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

2. Audit of Court Books –

RESOLUTION #160
Supervisor Udicious acknowledges that an audit of the Rush Justice Court Books as of December 31, 2006 was performed by EFP Group(Eldredge Fox & Porretti, LLP) as required by Section 2019-a of the Uniform Court Act and accept the findings of that audit. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson abstained
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

3. Snow and Ice Contract with New York State –

RESOLUTION #161
Councilman Knab moved that the Supervisor be authorized to sign the Extension of the Conventional Municipal Snow and Ice Agreement with the New York State for the year 2007/2008 for an estimate total of $63,523.92 for 35.6 lane mile of roads within the Town of Rush. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson abstained
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Posted by gmadore at 3:23 PM

October 24, 2007

Rush Town Board Minutes - 2007/10/24

Rush Town Board
October 24, 2007

A regular meeting of the Rush Town Board was held on October 24, 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Frank Pavia, Attorney for the Town
Gerald Kusse, Code Enforcement Officer
Patricia Stephens, Recreation Supervisor

I Approval of Minutes

RESOLUTION #151
Councilman Knab moved that the minutes of the regular meeting of October 10, 2007 be approved as presented. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II Transfer of Funds and Approval of Abstract

RESOLUTION #152
Councilman Doupe moved that the following transfers of funds be made:
$1,000.00 from A1220.4 Supervisor, Contractual to A1220.1 Supervisor, Personal Services – training costs
$1,000.00 from A1990.4 Contingency, Contractual to A1410.1 Clerk, Personal Services – training costs
$384.11 from A1990.4 Contingency, Contractual to A1910.4 Insurance, Contractual – insurance at 1911 Rush Scottsville
$2,165.00 from DA5142.4 Town Snow Removal, Contractual to DA5110.4 Maint of Roads, Contractual - shortfall
$4,800.00 from DA-5148.4 Serv. To Other Govt., Contractual to DA5130.4 Town Snow Removal, Contractual - shortfall
$460.00 from DA5148.4 Serv. To Other Govt., Contractual to DA5110.4 Maint. Roads, Contractual - shortfall
$38.82 from L9050.8 Fringe Benefits, Unemp. Ins. To L-9060.8 Fringe Benefits, Med. Ins. – overage
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

RESOLUTION #153
Councilman Anderson 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 $27,835.65 be allowed for vouchers #1049 through #1104. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Reports of Officers and Committees

1. Town Board
Councilman Knab reported that the light that is out in the south parking lot will be repaired this weekend.

Councilman Anderson stated that an open meeting has been scheduled for Saturday, November 3rd at Wildwood County Club for an update on the Quality Communities Grant progress.

Councilman Doupe stated that he has received feedback from both the Planning and Zoning Boards on the proposed revised sign ordinance.

Councilwoman Sluberski reported that the last Zoning Board meeting was spent in review of the sign ordinance. She also asked Councilman Doupe about the comments she had previously given him and did not appear to have been addressed. Councilman Doupe stated that all comments would be compiled once received and made available to the Town Board.

2. Recreation Supervisor – Recreation Supervisor Stephens stated that she would be attending the meeting on November 3rd at Wildwood Country Club on behalf of the recreation department. She stated that she has been working with the Rush Methodist Church on co-sponsoring a Winter Festival. It will small scaled but should be

Posted by gmadore at 3:21 PM

October 10, 2007

Rush Town Board Minutes - 2007/10/10

Rush Town Board
October 10, 2007

A regular meeting of the Rush Town Board was held on October 10, 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Frank Pavia, Attorney for the Town of Rush
Gerald Kusse, Code Enforcement
Richard Spencer, Rush Mendon Road
Pamela Bucci, West Henrietta Road
James Rumsey, Rush West Rush Road
Jessica Gaspar, Henrietta Post

I Approval of Minutes

RESOLUTION #148
Councilman Knab moved that the minutes of the September 26, 2007 meeting be approved as presented. Councilman Doupe seconded the motion.
Poll: Councilman Knab aye
Councilman Anderson abstained
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II Transfer of Funds and Approval of Abstract

RESOLUTION #149
Councilman Knab moved that the following transfer of funds be made:
$3,000.00 from A-1110.2 Count Capital Outlay to A-1110.4 Court Contractual – cover cost of court stenographer for trials.
Councilman Doupe seconded the motion.
Poll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

RESOLUTION #150
Councilman Anderson 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 $42,788.83 be allowed for vouchers #993 through #1048. Councilman Doupe seconded the motion.
Poll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Reports of Officers and Committees

1.Town Board – Councilwoman Sluberski reported that the Recreation Department was planning a Winter Festival but the details were still being worked out. An Open Forum that she had hosted had about 30 people in attendance and once the comments received are gathered up, she would pass them on to the Board.

2. Code Enforcement - Mr. Kusse reported that the log jam on the creek would be removed soon. Releases have been obtained from the property owners involved and one owner has agreed for the material to be stacked on his property. Since the properties involved are under cultivation the crop needs to be harvested before work can begin. Harvesting should take place in the next week. Councilman Knab stated the signed releases should be returned to the Attorney for the Town for review before any work was begun.

3. Supervisor – Supervisor Udicious gave an update on the sale of the former Rush Market & Deli – the realtor has a firm offer that has been accepted but the property has not closed. Supervisor Udicious has asked for the name of the new owner, when available, so that he can meet with them to discuss what will be done with the corner and offer any assistance from the town possible.

An email was received asking to schedule a meeting of individuals involved in the POD program in Rush. The email has been passed on to the Fire Marshal/Emergency Preparedness Coordinator and Councilwoman Sluberski has also requested to be included in that meeting.

IV Old Business

1. Expanding tax exemption requirements to cover non reimbursed medical expenses – Supervisor Udicious stated that the County of Monroe has not chosen to participate in this matter and only two towns in county have passed the necessary legislation. He felt there were still a number of questions unanswered and would suggest putting the matter on hold until more information was available. Assessor Quinlan also feels that more study is required prior to making any decision on expending the exemption requirements. The Board agreed.

2. Sign Ordinance Update – Councilman Doupe stated that he had given the boards a copy of the latest draft with a memo asking for input by November 2nd. Those comments will be passed on to the Town Board and it is hoped that public hearing on the revised Sign Ordinance could be held early next year.

3. Quality Communities Project – Councilman Anderson reported that a Workshop/Public Meeting would be held on Saturday November 3 at the Wildwood Country Club between 9 and 1 p.m. for a discussion of the progress on this project. An underwater survey of the dam that will be used for developing an engineering report on the condition and cost to repair the dam, if needed, will be available this week.

Invitations to a number of interested parties and groups involved in the project will be sent out to attend this workshop. Blueway Trails is the latest group to express interest in being included in this project.

V Public Hearing on the 2008 Rush Town Budget

Town Clerk Henry read the legal notice posted for this hearing and certified that proper notifications had been made.

Supervisor Udicious asked for public comment from the audience. Richard Spencer of Rush Mendon Road stated that he had obtained a copy of the budget and did find several areas of concern to him. He questioned the size of the anticipated unexpended balance from 2007 that represented more than 10% of the budget. He also had questions concerning the cost of road projects that there proposed for completion in 2008. Supervisor Udicious suggested that Mr. Spencer meet with Don Reynolds, Budget Director, Highway Superintendent Steve King and himself to obtain a clearer explanation of the items he had expressed concern about.

Councilman Knab moved that the public hearing be closed. Councilman Anderson seconded the motion and the board was all in agreement.

Executive Session

Supervisor Udicious made a motion for the board to move into Executive Session to discuss possible litigation. Councilman Knab seconded the motion and the board was all in agreement.

Time: 7:40 p.m.

The Board returned to regular session and adjourned with the consent of all the board members.

Time: 8:05 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 3:20 PM

September 26, 2007

Rush Town Board Minutes - 2007/09/26

Rush Town Board
September 26, 2007

A regular meeting of the Rush Town Board was held on September 26, 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 Thomas Doupe – excused late arrival
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent: Councilman Richard Anderson – excused

Others: Frank Pavia, Attorney for the Town of Rush
Rufus Falk, Assessor
Gerald Kusse, Code Enforcement
Jack Mould, Library Board of Trustees
Rick Spencer, Rush Mendon Road

I Open Forum

Jack Mould, President, Library Board of Trustees, thanked the Town Board for their support during the budget process. The Board stated that the library was well prepared to discuss their budget and that was appreciated.

II Minutes, September 12, 2007

RESOLUTION #144
Councilman Knab moved that the minutes of the regular meeting of September 12, 2007 be approved as presented.
Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Approval of Abstract

RESOLUTION #145
Councilman Knab moved BE IT RESOLVED, that having audited all the claims against the funds listed on the abstract, I moved that all claims in the amount of $48,242.12 be allowed for vouchers #935 through #992. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

IV Correspondence

1.NYS Office of Children and Family Services re: termination of services

Supervisor Udicious stated that he had just received this letter inviting the town and others to a meeting on October 2, 2007 to discuss the cut off of services to a number of adjacent properties on November 3, 2007.

2.The first report from the Fire Marshal and his request for the board to let him know if they wish any additional information.

V Reports of Officers and Committees

1.Town Board – Councilman Knab stated that the parking lot lights have all been fixed and that spare parts will be on hand for any future needed repairs. Also the gutter proposal will be ready next week along with a recommendation on the heat tapes along the roof.

Councilwoman Sluberski reported that the fall festival was a success and that the battle of the bands will be rescheduled for some time in the spring and be run as a separate event. An email from Recreation Supervisor Stephens concerning the splitting of profits from the face painting was mentioned. The matter will be referred to the attorney for the town for its legality and the matter will be discussed at the next town board meeting.

Councilwoman Sluberski also reported that the Zoning Board has discussed the matter of whether a wind turbine was a structure or not. They also were still waiting for a determination on the reading of books and magazines as meeting the education requirements for the board. Attorney Pavia will resubmit his written opinion on the subject to the ZBA.

The ZBA feels that they are not a legislative board and that the request for an amendment to the Zoning Ordinance on PODs and similar containers should come from the Town Board.

2. Assessor – Assessor Falk stated that the town had received again an award from NYS Real Property for maintaining fair assessments on property within the town.

IV Old Business

1.Status of Projects –

a-Rezoning Application for James Volpe – referred onto the Planning Board for their review and comment

b-Drainage petition for Rush View Heights – forwarded to Planning Board for comment

c-Rental of 1911 Rush Scottsville Road – Marsh Properties has cleaned up the property by painting and cleaning carpets. One apartment has been rented for October occupancy.

d-Sale of Hart’s Field – no buyers yet but there are two parties very interested but still trying to obtain financing.

e-Audit of Departments - Court and Finance Departments have been finished and Library is underway. No reports issued yet.

f-Parking Lot lights – repairs are completed.

VII New Business

1.Tentative Budget for 2008 – The Tentative Budget for 2008 has been given to the Town Clerk and copies have been placed in the Board member’s boxes. A legal notice for the public hearing on the Preliminary Budget on October 10, 2007 has been placed in the legal papers and copies of the Preliminary Budget for 2008 are available to review in the Town Clerk’s office and the Library.

2. Certificate of Amendment to the Certificate of Incorporation of the Rush Fire Department – Attorney Pavia explained that since the original Certificate of Incorporation for the Rush Fire Department had been approved by a Town Board resolution in the 1930’s that any amendment to the Certificate of Incorporation would also require a Town Board Resolution. Furthermore, Attorney Pavia explained that the original incorporation papers did not specify the additional information needed to qualify the organization as a 501 (c) (3) exempt organization under the federal tax code.

The United Way has contacted the Rush Fire Department to explain they are in jeopardy of losing tax deductible funds if they do not meet the criteria of 501(c)(3) status of the Internal Revenue Code as a charitable not for profit organization. The necessary amendment to the Fire Department’s Incorporation would provide a clearer explanation of the department’s purpose and indicate that they were a not for profit corporation, consistent with the 501 (c)(3) requirements.

Attorney Pavia stated that it may also be necessary for a state judge to rule on this action but that possibility was not immediately clear.

RESOLUTION #146
Councilman Doupe moved that the following certificate of amendment be made to the Certificate of Incorporation of the Rush Fire Department, Inc.:

Under Section 803 of the Not for Profit Corp. Law

First: The name of the corporation is: Rush Fire Department.

Second: The date of filing of the certificate of incorporation with the Department of State is: May 9, l930.

Third: The law the corporation was formed under is: Membership Corporation Law.

Fourth: The Corporation is a corporation as defined in Section 102(a)(5) of the Not for Profit Corporation Law. The corporation is a Type B Corporation. If the corporate purposes are being enlarged, limited or otherwise changed, the corporation shall be a Type B Corporation.

Fifth: The amendment effected by this certificate of amendment is as follows: Paragraph Second of the Certificate of Incorporation relating to the purpose of the corporation is hereby amended to read in its entirety as follows:

SECOND: The particular objects for which the corporation is to be formed are: the prevention and extinguishment of fires, the preservation and protection of property from fire, the purchase and maintenance of all suitable apparatus and equipment and the sale of such thereof as is not useable; the acquisition, maintenance and sale of real and personal property and to provide proper quarters for such fire apparatus and equipment and for the headquarters of the members of this corporation.

Said organization is organized exclusively for charitable, religious, educational, and scientific purposes, including for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(3)(c) of the Internal Revenue Code, or corresponding section of any future federal tax code.

No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause thereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provisions of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(3)(c) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization , contributing to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.

Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.

Sixth: The Secretary of State is designated as agent of the corporation upon whom process against it may be served. The address to which the Secretary of State shall forward copies of process accepted on behalf of the corporation is : Robert J. Faugh, 1971 Rush Mendon Road, Rush, NY 14543-9705.

Seventh: The certificate of amendment was authorized by a vote of a majority of the members at a meeting.
Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

3. Town Court upgrade - Supervisor Udicious stated that a quote for $12,125.00 has been received from Keith Eggleston, who made the latest modifications to the court room, to construct a new judge’s bench. The new bench will blend with the woodwork that already exists in the room. There is money in the court budget to cover this cost.

RESOLUTION #147
Councilman Knab moved that the Supervisor be authorized to sign a contract with Keith Eggleston to build a new court judge’s bench and install two electrical outlets behind the bench for an amount not to exceed $13,000.00. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

4. Increase exemption qualification amounts – Supervisor Udicious explained that he had been given some information suggesting that medical bills not covered by insurance could be used against income to increase a senior’s exemption from property tax liability. This matter will be discussed at a later day when the assessor has been able to supply some additional information on the effect of this increased exemption.

Executive Session

Councilman made a motion to move into Executive Session to discuss two personnel matters and pending litigation. Councilman Doupe seconded the motion and the board was all in agreement.

Time: 7:40 p.m.

The Board returned to regular session and adjourned by common consent of the Board members.

Time: 8:40 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 3:18 PM

September 12, 2007

Rush Town Board Minutes - 2007/09/12

Rush Town Board
September 12, 2007

A regular meeting of the Rush Town Board was held on September 12, 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Frank Pavia, Attorney for the Town of Rush
Gerald Kusse, Code Enforcement
Pamela Bucci, West Henrietta Road
Erica Bucci, “
Zachary Bucci, “
James Bucci, “
Michael Terzo, Aprille Lane
Michael Terzo Jr., “
Diane Pfersick, Rush Lima Road
Bob Faugh, Farmcrest Drive
Jim McNeil, East River Road
Rick Spencer, Rush Mendon Road
James Rumsey, Rush West Rush Road
Dan Wright, Works Road
Robert Anderson, Rush Mendon Road

I Open Forum

Richard Spencer, Rush Mendon Road, expressed his concern about the agenda item concerning a rezoning request and the lack of information available about the property. He also asked for an update on the sale of Hart’s Field.

Mr. Spencer was told that Hart’s Field has not yet been sold.

Attorney Pavia explained that the resolution that was being suggested to be made at this meeting was the acknowledgement of the receipt of a petition requesting that property in Rush be rezoned. The application would then be passed on to the Planning Board for their review and consideration prior to their making a recommendation to the Town Board. The process that must be followed is dictated by Town Law and this acknowledgement is only the first step in a process that will include public hearings and a SEQRA determination made by the Town Board.

II Minutes

Regular Meeting of August 8, 2007

RESOLUTION #138
Councilman Doupe moved that the minutes of the regular Town Board meeting of August 8, 2007 be approved as presented. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Workshop meeting of August 22, 2007

RESOLUTION #139
Councilman Doupe moved that the minutes of the Workshop meeting of August 22, 2007 be approved as presented. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski abstained
Supervisor Udicious aye carried.

III Transfer of Funds and Approval of Abstract

RESOLUTION #140
Councilwoman Sluberski moved that the following transfers of funds be made:

Appropriation of unreserved fund balance or unanticipated revenue –
$25,000.00 from A-3097, State Aid Construction to A-1620.2, Building Capital Outlay – grant for ADA Restrooms

$13,200.00 from A-1990.4 Contingency, Contractual to A-1440.4 Engineering, Contractual – part of Town Park Phase I
$1,650.00 from A-1355.4 Assessor, Contractual to A-1355.2 Assessor, Capital Outlay – computer purchase
$#47.00 from A-9010.8 Fringe Benefits, Retirement to A-9040.8 Fringe Benefits, Works Comp – overage
$2,500.00 from A3410.4 Fire Marshal, Contractual to A-3410.1 Fire Marshal, Personal Services – return to employed Fire Marshal
$500.00 from A1910.4 Unallocated Insurance to A-1310.4 Finance, Contractual – ADP increase & printing manual
$1,500.00 from Unallocated Insurance to A-1620.4 Building, Contractual – corner property costs unbudgeted
$2,000.00 from A1990.4 Supervisor, Contingency to A-1420.4 Law Contractual – services beyond retainer
$2,700.00 Parks Contractual to A-8160.4 Landfill, Contractual – cost of tub grinding
$15,000.00 from DA-5112.1 Road Construction, Per. Serv. to DA-5110.1 Maint. of Roads, Per. Serv. – payroll deficiency
$2,500.00 from DA-5112.4 Road Const. Contractual to DA-5142.1 Snow Removal, Per. Serv. – payroll deficiency
$9,000.00 from DA-5112.4 Road Const. Contractual to DA-5148.1 Serv. to Other Govt., Pers. Serv. – payroll deficiency
$2,300.00 from DA-5110.4 Maint of Road, Contractual to DA-5148.1 Serv. To Other Govt., Per Serv. – payroll deficiency.
$7,500.00 from DA-5110002.1 Road Const. Per Serv. to DA-5148.1 Serv. To Other Govt. Per Serv. – payroll deficiency
$1,100.00 from DA-9010.8 Fringe Benefits, State Retire. To DA-9030.8 Fringe Benefits, Social Security
Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

RESOLUTION #141
Councilman Anderson 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 $32,928.38 be allowed for vouchers #872 through #934. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

IV Correspondence

1. Judy Hawk, Farmcrest Drive – re: signs being erected around town in right of way and other properties

Supervisor Udicious explained that the opinion signs that were in place around town were permissible under freedom of speech provisions. The placement of signs was an issue that the Town Board must review as many other types of signs were also placed in or near the right of way of roads and the town might not want to prohibit those signs as they often reflected church, scouting or other charitable organizations events. The sign ordinance was under review at this time he stated.

V Reports of Officers and Committees

Town Board - Councilman Knab stated that three parking lot lights have been repaired and the rest will be done when the parts, which are on order, are received. Two contractors are bidding for the roof repair contract.

Councilman Anderson reported on the Quality Communities Grant program status. Underwater photos of the dam backside are being taken to use as background for the engineering study on the dam repair.

Councilman Doupe stated that the Rush Henrietta Rotary is developing an estimate on the construction of the gazebo for the Rush Library. A draft of the sign ordinance has been placed in each Town Board member’ s box. It will also be given to other town departments for their feedback.

Councilwoman Sluberski gave a report on the Recreation Departments preparations for the Fall Festival.

2. Supervisor Udicious stated that he had been contacted by Martha Mack and the Town Board was invited to participate in the Homecoming Parade on September 28th.

VI Presentation

RESOLUTION #142
Supervisor Udicious moved WHEREAS, James J. Bucci Jr. has faithfully and diligently served as a fireman with the Rush Fire Department servicing the needs of the Town of Rush and its residents; and
WHEREAS, James J. Bucci, Jr. has received notice from the American Legion, Department of New York (the “American Legion”), that he is the recipient of the Fireman of the Year Award for 2006 and 2007; and
WHEREAS, the American Legion has also submitted Mr. Bucci’s name to the National Organization for consideration of a national award for his services as a Fireman; and
WHEREAS, the town Board wishes now to acknowledge Mr. Bucci’s services and the prestigious award that he had received by resolution hereto.
NOW, BE IT RESOLVED, that fireman James J. Bucci, Jr. has been named the Fireman of the Year for the 2006 and 2007 years from the American Legion; and
BE IT FURTHER RESOLVED, that the Town Board of the town of Rush adopts this Resolution to honor and congratulate Mr. Bucci on the award he ahs received from the American Legion; and
BE IT FURTHER RESOLVED, that the Town Supervisor be, and hereby is authorized to direct to record and publish this Resolution honoring Mr. Bucci in a manner duly warranted.
Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

VII Old Business

Update on Audit of Town Departments - Supervisor Udicious stated that the audit work has begun with the Court Offices due to the Office of Court Administration’s request for a current audit. Once completed the auditors will move on to the Finance Office, Town Clerk and Library.

Rezoning Application - Attorney Pavia explained the process the town must follow when given a petition for rezoning of property as outlined in Town Law. At this meeting the Town Board must acknowledge the receipt of that petition and declare themselves as lead agency for the purposes of a SEQRA review. The petition could then be passed on to the Planning Board for their review and comments. If they wish an informational meeting may be held by that Board. The Town Board must then hold a public hearing and make a SEQRA determine on the impact of the proposal.

RESOLUTION #143
Councilman Knab moved WHEREAS, on August 22, 2007, the Town Board of the Town of Rush received a petition from Gorsline Real estate, Inc. on behalf of James Volpe to re-zone properties located at 6115 and 6123 Rush Lima road in the Town of Rush, a letter of intent regarding the petition and a map depicting the potential rezoning; and
WHEREAS, the properties located at 6115 and 6123 Rush Lima Road which petition seeks to rezone are located within an R-30 zoning district; and
WHEREAS, the petition seeks to rezone the property from R-30 to a RB zoning district; and
WHEREAS, on September 7, 2007 Mr. Volpe submitted to the Town a Short Environmental Assessment form (EAF) for the petition in accordance with the New York State Environmental Quality Review Act; and
WHEREAS, the town Board has reviewed the petition, the EAF, the site map and the other materials prepared and submitted by Mr. Volpe with respect to the petition.
NOW, THEREFORE, upon consideration by the Town Board of the petition and the other materials submitted by Mr. Volpe, including the short EAF, and the Town Board having given the submitted documentation matter due consideration; it is
RESOLVED, that the Town Board declare itself Lead Agency for purposes of conducting an uncoordinated review of the petition, and making any necessary determinations of environmental significance under SERQA; and it is further
RESOLVED, that the Town Board classifies the petition as an “unlisted action” subject to an uncoordinated review under 6 N.Y.C.R.R. Sect. 617.6; and it is further
RESOLVED, that the Town Board refers the petition to the Planning Baird for review, and requests that the Planning Board investigate the rezoning request identified in the petition; hold a public hearing, if necessary, on the petition; and ultimately report to the Town Board with the Planning Board’s conclusions and/or recommendations regarding the petition and its potential impacts on the zoning and planning interest of the Town; and it is further
RESOLVED, that notice of this resolution shall be filed and circulated to the extent required by any applicable provisions of the Code of the Town of Rush and/or any relevant statue or regulation.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

VIII New Business

1.Petition from residents of Rush View Heights –

Supervisor Udicious stated that the Town has received a petition from some of the residents of the Rush View Heights Subdivision (Farmcrest Drive/Harvest Lane area) for the town to assist in correcting some drainage problems in their area.

RESOLUTION #143
Councilman Knab moved that the Town Board acknowledges the receipt of a petition from some of the residents of the Rush View Heights Subdivision for assistance in correcting a drainage problem in their area. The request will be referred to the Highway Superintendent for his input. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious abstained carried.

The petition will be also be passed on to the town attorney and town engineer.

2. Purchasing of Development Rights – Supervisor Udicious stated that he had requested the town assessor to give the board a map of all lands within the Town of Rush receiving an agricultural exemption. He hoped to have the information shortly.

Supervisor Udicious also noted that Genesee Valley Conservancy will be purchasing the development rights for about 320 acres of the Chase and Mulligan properties in the southern part of the Town. The Rush Town Board supported both these property owners in their applications with the Conservancy.

3. Link to Town Website by Organizations –

Supervisor Udicious explained that he has received requests from two different organizations for permission to link their websites to the Town Website. He explained that he had contacted the Association of Towns attorney on this matter and they provided information on what was allowed or not allowed. It was also advised it was not a wise decision to allow any links since the Town would not be able to choose which links it would prefer when the precedent was set. The requests were also referred to the Town Attorney for his opinion.

Attorney Pavia stated that in reviewing the legality of these links he reviewed case law and the Constitution of New York State. Mr. Pavia informed the Board that Article 8 of the Constitution of the State of New York states that a municipality’s funds and resources are for the public trust. Case law from the New York State Court of Appeals states that municipal funds can not be used for political purposes. The Town Website was created and is maintained with municipal funds.

He further stated that although there were no cases that dealt directly with websites, there were cases that dealt with town newsletters and articles describing town events that are a-political in nature. But he felt the website was a natural extension of the rulings on newsletter, etc.

On the other hand organizations that are a-political and support the interests of the community could be allowed,
because they are not politically partisan in nature.

Councilman Knab stated that the board needed to develop a policy on what would be allowable in terms of web links and until that policy was created, no links should be allowed.
He felt that school districts and other municipality’s policies might be reviewed for more insight on this matter.

IX Open Forum

Rick Spencer asked if the use of the town seal on something was the use of a town resource. It was felt that it depended on how it was used.

Executive Session

Supervisor Udicious made a motion that the Board move into Executive Session for the discussion of litigation and personnel matters. Councilman Knab seconded the motion and the Board was all in agreement.

Time: 7:50 p.m.

The Board returned to regular session and adjourned by common consent.

Time: 8:45 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 3:16 PM

August 22, 2007

Rush Town Board Minutes - 2007/08/22

August 22, 2007
Rush Town Board

A Workshop meeting of the Rush Town Board was held on August 22, 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
Supervisor William Udicious

Absent: Councilwoman Lisa Sluberski

Others: James Rumsey, Rush West Rush Road

I Abstract

RESOLUTION #136
Councilman Anderson 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 $13,067.27 be allowed for vouchers #824 through #870. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.

II Appointment of Assessor

RESOLUTION #137
Councilman Knab moved that Kevin Quinlan be appointed as Sole Assessor for the Town of Rush for a six year term beginning on October 1, 2007 and ending on September 30, 2013. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Supervisor Udicious aye carried.

The meeting was adjourned at 7:05 p.m. with the consent of all the board members present.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 3:14 PM

August 8, 2007

Rush Town Board Minutes - 2007/08/08

Rush Town Board
August 8, 2007

A regular meeting of the Rush Town Board was held on August 8, 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Frank Pavia, Attorney for the Town of Rush
Gerald Kusse, Code Enforcement
Richard Tracey, Fire Marshal
Rufus Falk, Assessor
David Sluberski, Rush West Rush Road
James Rumsey, Rush West Rush Road
Richard Spencer, Rush Mendon Road

I Approval of Minutes

RESOLUTION #131
Councilman Doupe moved that the minutes of the regular Town Board meeting of July 11, 2007 be approved. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II Approval of Abstracts

Abstract #14
RESOLUTION #132
Councilman Anderson 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 $123,870.85 be allowed for vouchers #677 through #734.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Abstract #15
RESOLUTION #133
Councilman Anderson moved BE IT RESOLVED, that having audited all the claims listed on the abstract, I moved that all claims in the amount of $21,153.69 be allowed for vouchers #785 through #822. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Correspondence

1.Letter sent to all town residents with agricultural exemptions re: farmland protection programs in the state and requesting input from residents on best method to achieve that goal.

Supervisor Udicious stated that no options had been decided upon by the board and that more investigation needed to be done to determine what lands to preserve and the cost to the town residents.

Councilman Anderson stated that he had attended a workshop discussing options available for farmland preservation. The options range from the cheapest which is the zoning of agricultural lands that imposes severe restrictions on development to costly purchase of development rights.

There is limited grant monies available for preservation from the state and Councilman Anderson agreed to investigate the grant information to determine if was applicable to the town.

IV Reports of Officers and Committees

1. Supervisor – Supervisor Udicious reported that Phase I of the town hall improvements have been completed with the court room railing, jury box and holding cell finished except for the carpeting. Phase II will be the building of a new judge’s bench and an estimate for that work has not yet been received.

V Old Business

1. Audit of Town Departments – Supervisor Udicious reported that the contract with Eldridge Fox has been signed and work will start soon. The results of the court audit must be sent to the state to fulfill the requirements that a yearly check of the court books be made.

2. Marsh Properties Contract – The contract with Marsh Properties to act as a rental agent for property at 1911 Rush Scottsville Road has been review by Attorney Pavia and some changes made. Supervisor Udicious stated that he was awaiting the return of the amended contract from Marsh.

VI New Business

1. Recognition of James Bucci has been postponed until the September 12th meeting since he was unable to attend this meeting.

2. Siting of power plants – Supervisor Udicious gave each board member a copy of a request from the Association of Towns to pass a resolution concerning the state’s attempt to assume the authority to site power plants in the future. Attorney Pavia stated that he felt the state would succeed in this move as they had with mining permits. The local authority (towns, villages, etc.) would only have minor control in terms of zoning approval but that too would be subject to state review.

Attorney Pavia will review the matter for the next meeting and give his recommended course of action. The information will also be given to the Planning and Zoning Boards for their discussion and comment.

3. CEO request to hire contractor for clean up of 75 Honeoye Falls Five Points Road –

Supervisor Udicious reported that a letter had been sent to the property owner at 75 Honeoye Falls Five Points Road concerning the deadline for clean up of grids 1 through 7. A letter has been received from the Attorney for the homeowner requesting a postponement of the deadline until the September 12th Board meeting. Code Enforcement Officer Kusse is marking items to be removed.

Councilman Knab stated that he did not want it assumed by the property owner that once all marked items were removed that he would be considered finished in the clean up. A letter stressing this point will be sent to the homeowner and the board agreed to the postponement of hiring a contractor until the September 12th Town Board meeting.

4. Appointment of Fire Marshal –

RESOLUTION #134
Supervisor Udicious moved that Richard Tracey be appointed as Fire Marshal and Emergency Preparedness Administrator for the Town of Rush effective August 9, 2007 until December 31, 2007. Salary for the position to be set at Step 4 ($6330 for fire marshal and $980 for Emerg. Prep. Admin.) Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

A log of hours spent is to be kept for the Emergency Preparedness Administrator due to up front development of new programs under his responsibility to insure proper compensation, Supervisor Udicious explained.

5. Assessor’s computers –

Assessor Falk explained that his office needed to purchase new computers due to their age and incompatibility with the new server system. Originally, he had planned to budget for the purchase in 2008 but since there are funds in his budget available at this time, he asked to purchase one unit. PinPoint Group has quoted a cost of $1650.00 for one computer and necessary programs. Councilman Doupe reviewed the quote and stated that it was reasonable for the unit to be purchased and that the industry standard was replace of computers every 3 to 5 years.

RESOLUTION #135
Councilman Knab moved that the Assessor be authorized to purchase a computer and software for his office at the price quoted by PinPoint Group in their letter of July 30, 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

6. Requests for links to town website –

Supervisor Udicious stated that he had received two requests from organizations wishing to link their web sites with the town’s web site. The Pine Hill Cemetery Association and the Democratic Committee have made the request. The Association of Towns has provided some guidelines on this matter and these have been given to the Attorney for the Town to read and advise the board at the next meeting.

7. Industry waterline connection update - Councilmen Anderson and Doupe attended a meeting with the State and Monroe County regarding the severing of the water and sewer lines to the former Industry property owned by Patricia Weaver and the two museums. There was not much information obtained from that source however. Supervisor Udicious called the NY Office of Children and Family Services and received a copy of a letter that informed the Town that the deadline for the severing of those connections has been postponed until late October or November due to the lateness in obtaining bids to replace the water and sewer lines on the Industry School property.

Open Forum

David Sluberski asked that since he would not be able to attend the next board meeting if he could be made aware of the decision on the web links requested and that he might obtain a copy of the material submitted from the Association of Towns.

Mr. Sluberski asked if the town board agenda could be put on the website earlier than Wednesday afternoon of the day of the meeting. Supervisor Udicious stated that a preliminary one could be made available on Thursday of the week before although there maybe additional items added before the meeting.

As the result of attending a meeting in Lima on farmland preservation, Mr. Sluberski felt that it was up to the farmers to decide what they wished to do with their land in the long term. A book available in the library for review suggested a number of options proposed for preservation. A recent article in the Henrietta Post or D&C addressed towns limiting the size of big box stores and this might be an option the town would like to review.

Councilman Knab moved that meeting be adjourned. Councilman Doupe seconded the motion and the Board was all in agreement.

Time: 7:55 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 3:11 PM

June 13, 2007

Rush Town Board Minutes - 2007/06/13

Rush Town Board
June 13, 2007

A regular monthly meeting of the Rush Town Board was held on Wednesday, June 13, 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Frank Pavia, Attorney for the Town of Rush
Gerald Kusse, Code Enforcement
Jeff Adair, Monroe County Legislator
Meredith Ray, Henrietta
Jeff Starkweather, Middle Road
William Riepe, Henrietta
Rick Spencer, Rush Mendon Road

I Approval of Minutes, May 23, 2007

RESOLUTION #114
Councilman Doupe moved that the minutes of the meeting of May 23, 2007 be approved with the amendment on page two, paragraph seven of adding “Councilman Doupe asked for specific examples of lack of coverage and Councilwoman Sluberski offered none. Supervisor Udicious stated that he was not aware of any lack of coverage.” Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II Approval of Abstract

RESOLUTION #115
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 $59,156.90 be allowed for vouchers #2 through #62. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Councilman Knab asked if the numbers on the abstract could be changed to continue from the former financial program used in order to avoid confusion in the future if a voucher was being researched. Town Clerk Henry stated that she would discuss the request with the finance director and have him contact the vendor to determine if this was possible.

III Correspondence

1. Stuart Brown Associates Inc. re shared municipal services incentive grant program

2. Additional information from Sunking Inc. is being circulated for the Board’s review.

3. Memo from Don Reynolds, Budget Director re 2008 budget

IV Reports of Officers and Committees

1. Town Board – Councilman Doupe reported on a conference call from LaBerge Associates regarding the possibility of the development of the town center. A tour of the town was taken and recommendations will be made with a number of concepts proposed that might effect changes in zoning and different densities. A further report will be made soon by Councilman Anderson and himself.

The Rush Library has been approached by the Rush Henrietta Rotary about assisting them in the construction of a gazebo to the rear of the library. The library has been working on this project for some time and has consulted with Architect Majed El Rayess who has provided them with preliminary sketches. Supervisor Udicious stated that he had also been approached by the Rotary with their desire to help the town. Their funds are limited and he had suggested to the Rotary that the Library project would be within their means.

Mr. Doupe stated that the Rotary had built the Tinker Museum gazebo and with the donated labor and materials that they acquired, the $35,000 project only cost about $4,500 to complete.

Councilwoman Sluberski reported that the Recreation Supervisor continues to work on her summer program and fall festival. The Recreation Supervisor requested that the cost of the after school program be revisited as she felt the cost was reducing the number of enrollees.

2. Town Clerk – Town Clerk Henry reported on her attendance at the Tax Collector’s Conference and stated that one of the major topics was the Middle Class Star rebates. The other important topic was the Governor’s Commission on Local Government Efficiency and Competitiveness that may recommend to the state that certain local offices might better be consolidated, perhaps at the county level, there by saving money at the cost of customer service.

3. Supervisor – As part of the Qualities Communities Grant project there will be the construction of a kiosk at the site of the former Rush Station. This will be an eagle project and involve no cost to the town. A similar structure is on the Linear Trail at Quaker Meeting House Road.

Supervisor Udicious stated that he was in the process of getting quotes for the installation of a grate over the stream between the library and the property at 1911 Rush Scottsville Road. There is the feeling that this area may become an attractive nuisance to children and an injury may result. The cost appears to be about $10,000.

V New Business

1. New York State Deferred Compensation Plan - After discussion the board decided that this plan be offered to all eligible town employees and that there is no cost to the town.

RESOLUTION #116
Councilman Knab moved WHEREAS, the Town of Rush wishes to adopt the deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions (the”Plan”) for the voluntary participation of all eligible employees; and
WHEREAS, the Town of Rush is local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law of the State of New York; and
WHEREAS, the Town of Rush has reviewed the Plan established in accordance with Section 457 of the Internal Revenue code and Section 5 of the State finance Law of the State of New York; and
WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with the Town of Rush by providing eligible employees with a convenient and tax favored method of saving on a regular and long term basis and thereby provide for their retirement;
NOW, THEREFORE it is hereby:
RESOLVED, that the Town of Rush hereby adopts the Plan for the voluntary participation of all eligible employees; and it is further
RESOLVED, that the appropriate officials of the Town of Rush are hereby authorized to file copies of these resolution and other required document with the President of the State of New York Civil Service Commission.
Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

2. Annual Audit – Supervisor Udicious reported that it was required of the town that annual audits be performed either in house or with a professional auditing firm. This has not been done in a number of years and although a check sheet of items to check has been provided by the state, the Attorney for the Town was asked for a recommendation of auditing firms that he was familiar with. EFP Group (Eldredge Fox Porretti LLP) has been suggested and a price quote for services has been requested. Councilman Knab stated that he felt he was not qualified to perform an audit and he recommended hiring a professional.

3. Pin Point Contracts – This contract would be to increase the amount of the drawing account held by Pin Point Group to provide software and hardware support to the Town of Rush.

RESOLUTION #117
Councilman Doupe moved that the Supervisor be authorized to sign a contract with Pin Point Group to create a drawing account in the amount of $5,000.00 rather than $2,500.00 to provide software and hardware support services for the Town of Rush. This contract is subject to the approval of the Attorney for the Town. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

RESOLUTION #118
Councilman Knab moved that the Supervisor be authorized to enter into a contract with Pin Point Group to provide a DLC380 computer server system for a cost not to exceed $9000.00 and subject to the approval of the contract by the Attorney for the Town. Councilman Doupe seconded the motion
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

4. Fire Marshal position –

Supervisor Udicious read the resolution of the Henrietta Town Board canceling the contract with the Town of Rush to provide fire marshal services effective July 6, 2007.

RESOLUTION #119
Councilman Knab moved that the Rush Town Board accepts the termination of the Intermunicipal Agreement with the Town of Henrietta to provide fire marshal services to the Town of Rush. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Supervisor Udicious stated that an ad for a fire marshal is being placed on the Website and in the Pennysaver with a response requested by June 30th. Councilwoman Sluberski asked who would cover until a new marshal was in place and Supervisor Udicious stated that Code Enforcement Officer Kusse would be able to perform that function.

Open Forum

Rick Spencer suggested that the position of Fire Marshal be posted with the NYS Dept. of Labor as there is no cost and a wider range of applicants could be reached. He provided the contact person to the Town Clerk.

Councilman Knab made a motion to adjourn the meeting. Councilman Anderson seconded the motion and the board was all in agreement.

Time: 7:50 p.m.

Respectfully submitted,

Linda G. Henry
Town Cle

Posted by gmadore at 3:03 PM

May 24, 2007

Rush Town Board Minutes - 2007/05/23

Download full PDF of these notes.

Rush Town Board
May 23, 2007

A regular meeting of the Rush Town Board was held on May 23, 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Frank Pavia, Attorney for the Town
Gerald Kusse, Code Enforcement
Jack Mould, Rush Lima Road
Rick Spencer, Rush Mendon Road

I Minutes
Regular Meeting, May 9, 2007

RESOLUTION #108
Councilman Doupe moved that the minutes of the May 9, 2007 meeting be approved with the correction on page 1 of Councilwoman Sluberski’s title to Councilwoman. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious abstained, carried.

II Approval of Abstract

RESOLUTION #109
Councilman Anderson moved that having audited all the claims against the funds listed on the abstract, I move that all claims in the amount of $18,907.59 be allowed for vouchers #449 through #499. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye, carried.

III Correspondence

1. Craig Welch,Lacy Katzen, LLP re formation of water district to serve Weaver property. Supervisor Udicious stated that Attorney Pavia and he would respond to this letter and meet with the attorneys as requested to discuss this matter.

IV Reports of Officers and Committees

1. Town Board – Councilman Knab stated that he had met with the electrician regarding the lights in the parking lot. Voltage samples were taken and they will coordinate with the Highway Superintendent for a lift within the next two weeks in order to get the lights repaired.

Councilman Doupe stated he would have a memo for the board within the next week with the options for purchase of a server for discussion at the next meeting.

Also Councilman Anderson and he had met with a representative of the La Berge Group, who are architectural and zoning specialists. Councilmen Doupe and Anderson will report to the board after La Berge reports to them on their thoughts on the town. The discussion was brief with La Berge but concerned planning and community development with hamlet or town center area being their specialty.

Councilwoman Sluberski reported on the last Planning Board meeting and the Board’s question for Attorney Pavia on how long an application can stay tabled. Attorney Pavia stated the Planning Board can make that decision. He also stated that he would contact Mr. Felsen, the Planning Board Chair on how they may make that decision.

From the Zoning Board meeting she reported that the Zoning Board asked the Town Board to consider a zoning ordinance change to address storage containers on properties within the town. It was suggested that Chairman Van Lare put that request in writing to the Town Board outlining the ZBA”s recommendations on how the ordinance would address this issue.

Supervisor Udicious stated in reply to Councilwoman Sluberski’s question on the inaccurate Henrietta Post article, that he would devote several pages of the June/July Newsletter to a clearer explanation of the proposed development of the property behind the town hall.

Councilwoman Sluberski expressed some concern on the fire marshal’s coverage for the code enforcement officer when he is not available. Councilman Doupe asked for specific examples of lack of coverage and Councilwoman Sluberski offered none. Supervisor Udicious stated that he was not aware of any lack of coverage.

2. Supervisor – Supervisor Udicious reported that County Legislator Jeff Adair will hold an open forum session at the Rush Town Hall on May 30th between 6 and 8 p.m.

Supervisor Udicious confirmed that he will be participating in the Memorial Day parade and invited the other board members to join him.

A number of complaints have already been received about the closing of West Henrietta Road between Fishell Road and Route 251, mostly about speeding. Captain Wright has been informed about the complaints and will respond.

The letter to the NYS DOT from Supervisors Udicious and Breese on the problems with the intersection at Route 15 and Rush Henrietta Townline Road has resulted in a letter of acknowledgement from the state. A very recent accident at that intersection was also brought to the state’s attention as evidence of the need to address that problem area.

Supervisor Udicious asked that the Board review the draft code enforcement procedures policy that he had prepared and be prepared to decide at the next meeting if they wish to proceed with the development of this policy.

V Old Business

1. Employee Manual –

RESOLUTION #110
Councilman Doupe moved that the revised Employee Manual for the Town of Rush as presented to the Board be adopted. The policies in this manual to become effective August 1, 2007. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye, carried.

VI New Business

1. 457 Plan – Supervisor Udicious explained this was a savings plan that was offered by a number of other towns or villages within the County. After discussion the Board agreed that Finance Director Reynolds continue his investigation of this plan for the town.

2. Community Development Block Grant - Supervisor Udicious stated that he had received a letter from County Executive Brooks stating that she was recommendating a $25,000 block grant for the town to use in the development of ADA compliant bathrooms in the picnic pavilion that is proposed for the property behind the town hall. These are matching funds and must be used within one year of the awarding which is usually in July or August.

3. Surplus Fire Resistant File Cabinet – formerly used by the court but no longer of use to them.

RESOLUTION #111
Councilman Knab moved that the fire resistant filing cabinet presently in the basement is surplus equipment and declared to be no longer of use to any department in the Town Hall. The cabinet will be donated to the Rush Fire Department who has expressed a need for it. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye, carried.

4. Coordinator of Emergency Preparedness – After discussion

RESOLUTION #112
Councilman Knab moved that the Town Clerk may advertise for applicants for the position of Emergency Coordinator in the Newsletter, Pennysaver and town Website. The ad to state that PSIM and NIMS Certification is desirable.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye, carried.

Open Forum

Rick Spencer of Rush Mendon Road stated that he felt the 457 Plan was a good one and he felt it would be a benefit to town employees.

He also reiterated his concern for the signage at the town hall that did not clearly mark the handicapped entrance that was available for evening meetings when the court entrance was locked. Supervisor Udicious stated he would look into the situation and something will be placed in the up coming Newsletter to make residents aware of the main handicap entrance which is the Library entrance.

Executive Session

Councilman Knab made a motion that the Board move into Executive Session to discuss possible pending litigation and a personnel matter. Councilman Doupe seconded the motion and the Board was all in agreement.

Time: 7:55 p.m.

The Board returned to regular session at 8:05 p.m.

RESOLUTION #113
Supervisor Udicious moved that the Town Clerk advertise that the Town is accepting applications for the part time position of Assessor in the Newsletter, Pennysaver and on the Town Website. Applications and resumes to be turned in to the Town Clerk’s office by July 2nd. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye, carried.

Councilman Knab moved that the meeting be adjourned. Councilman Doupe seconded the motion and the Board was all in agreement.

Time: 8:10 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 3:42 PM

May 13, 2007

Rush Town Board Minutes - 2007/05/09

Download full PDF of these notes.

Rush Town Board
May 9, 2007

A regular meeting of the Rush Town Board was held on May 9, 2007 at the Rush Town Office, 5977 East Henrietta Road and was called to order at 7:00 p.m. by Deputy Supervisor Donald Knab.

Present: Councilman Thomas Doupe
Councilman Richard Anderson
Councilman Lisa Sluberski
Councilman Donald Knab

Absent: Supervisor William Udicious, excused

Others: Frank Pavia, Attorney for the Town of Rush
Joan Starkweather, Middle Road
Jeffrey Starkweather, Middle Road
Richard Spencer, Rush Mendon Road

I Approval of Minutes

RESOLUTION #104
Councilman Doupe moved that the minutes of the regular Town Board meeting of April 25, 2007 be approved as presented. Councilwoman Sluberski seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

II Approval of Abstract

RESOLUTION #105
Councilman Anderson 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 $18,308.63 be allowed for vouchers #409 though #448.
Councilman Doupe seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

III Correspondence

1. NYS DOT to Supervisors Udicious and Breese re investigation of Route 15 and Rush Henrietta Townline Road intersection for possible three color traffic signal installation.

2. Stevens Connor American Legion Post re notification of award ceremony and invitation to attend.

3. Stevens Connor American Legion Post re Memorial Day parade invitation to participate

4. Crown Castle re merge with Global Signal and payment of fees to the Town of Rush

5. Rufus Falk re request for re-appointment when term ends September 30, 2007.

6. John Streeter re waterline installation on Works and Kavanaugh Road – overview of past actions and request for town assistance.

IV Reports of Officers and Committees

1. Town Board – Councilman Anderson stated that the Planning Board has continued to express interest in farmland preservation. He attended a Workshop on this topic in Hopewell and learned that it is important that the town do an inventory of its farmlands according to a specific criteria. In July there should be grant monies available to help with the cost of performing that inventory. He will continue to follow this matter with the Planning Board.

Councilman Doupe stated that a proposal has been received from Pin Point on the server.

Councilwoman Sluberski reported that the Recreation Supervisor continues to work on the summer program. The football camp currently running appears successful. She also reported that the POD senior staff training will begin in June for managers and operation chiefs. Two chiefs and two managers are needed for each POD area.

V Old Business

1. Employee manual – Councilman Knab stated that the board should be prepared to vote on the acceptance of the current draft of the Employee Manual at the May 23rd meeting.

VI New Business

1. Monroe County Youth Bureau Contract –

RESOLUTION #106
Councilman Doupe moved that the Supervisor be authorized to sign the contract with the Monroe County Youth Bureau to provide funds used in funding the Summer Recreation Program. Councilman Anderson seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

2. Sunnking Electronic Collection – There was a brief discussion on this solicitation for Sunnking to provide collection of outdated electronic equipment within the town. The Board felt that the information provided was not adequate for any type of acceptance. Supervisor Udicious will be asked to investigate further.

3. Property Easement Release – The release drafted by the Attorney for the Town to use in situations that require town departments to cross private land was reviewed. All agreed it was a good base that could be modified as needed.

RESOLUTION #106
Councilwoman Sluberski moved that the draft property release form provided by the Attorney for the Town be adopted for use by the Town. Councilman Doupe seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

4. Rush Fire Department request –

RESOLUTION #107
Councilman Knab moved that the charge for the building permit for the Rush Fire Department’s pole barn expansion and repair be waived. Councilwoman Sluberski seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

V Open Forum

Richard Spencer of Rush Mendon Road suggested better signage to indicate the location of a handicapped accessible door when evening meetings are being held in the town hall. The court door was locked at 4:30 pm Councilman Knab explained to prevent unnecessary traffic through the lower level. The library door, which is also handicapped accessible, is open for all meetings held on the main floor of the town hall. Mr. Spencer was thanked for his comment and more signage will be considered.

The meeting was adjourned with a motion by Councilman Knab and seconded by Councilman Doupe. All Board members were in agreement.

Time: 7:30 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 12:11 PM

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

March 30, 2007

Rush Town Board Minutes - 2007/03/28

Download full PDF of these notes.

Rush Town Board
March 28, 2007

A regular meeting of the Rush Town Board was held on March 28, 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Frank Pavia, Attorney for the Town of Rush
Steven King, Highway Superintendent
Gerald Kusse, Code Enforcement
Pat Stephens, Recreation Supervisor
Cheryl Rouleau, Recreation Department
Pamela Bucci. West Henrietta Road

I Approval of Minutes

RESOLUTION #85
Councilman Knab moved that the minutes of the regular board meeting of March 14, 2007 be approved as presented. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II Approval of Abstract

RESOLUTION #86
Councilman Anderson 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 $65,027.40 be allowed for vouchers #275 through #323. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Reports of Officers and Committees

1. Town Board –

Councilman Knab reported that the job description for the Emergency Preparedness Officer is still being developed.

Councilman Anderson reported on the PODs drill that was held
at the Dome in Rochester. Lacking sufficient volunteers to process the participants there were lessons to be learned from this exercise. Councilman Anderson, Councilwoman Sluberski and Supervisor Udicious participated. A local meeting will be held on April 19th at 4:00 p.m. in Honeoye Falls to discuss the results of the drill.

Councilman Doupe stated that Chris Roth, Henrietta Fire Marshal, had met with the Rush Fire Commissioners to introduce himself in his capacity as acting fire marshal for the Town of Rush. He also stated that he along with Supervisor Udicious and Councilwoman Sluberski has attended the Rush Henrietta Central School District meeting to discuss the upcoming budget for the district.

2. Town Clerk –

Town Clerk Henry asked when someone from the fire marshal’s office would be contacting the town clerk’s office since it had been three months since the appointment and there were a number of areas of concern that she felt needed to be addressed. Supervisor Udicious stated that he would call Mr. Roth.

3. Code Enforcement –

Mr. Kusse stated that the ICC conference would be held in Rochester this year and that the town was entitled to four voting delegates. He asked the board for suggestions as to who might act in this capacity and support the proposal to require sprinklers in new one and two family homes to be constructed. Councilman Anderson asked for some documentation on the value and associated costs of this proposed requirement and Mr. Kusse stated that he would provide that as well as the exact date of the vote. Councilman Knab asked to be one of the voting delegates.

4. Supervisor –

Supervisor Udicious informed the board that as a result of changes made in the health care program for the town, the town had saved $65,000.00 in 2006.

Supervisor Udicious gave the board copies of faxes received from Majed El Rayess with estimates for the design of (1) the sports field/nature walk on the adjacent property (2) the park pavilion (3) uses for the building at 1911 Rush Scottsville Road or a community center. These estimated will be discussed at the next board meeting.

An estimate requested from Charles Wolcott has been received for the removal of the log jam in Honeoye Creek. The proposal was discussed and timing of the work to be performed. Attorney Pavia asked if a permit was needed from the DEC to perform work in the creek area and who would be responsible for applying for that permit. Mr. Kusse stated that he had been told by the State that a permit would be required. Mr. King reported that the Corp of Engineers would not require a permit if the shores of the creek were not disturbed. Attorney Pavia stated that in the application to the DEC that it would be necessary to have a plan and a scope of work to be performed before a permit would be granted.

RESOLUTION #87
Councilman Knab moved that the estimate received from Wolcott Contracting and Consulting for work to be performed on removing the log jam on Honeoye Creek be accepted and that the Supervisor begin the process of applying for a permit from the NYS DEC to perform the work in the creek. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

IV Old Business

1. Street Lighting on Honeoye Falls Five Points and West Henrietta Roads –

Supervisor Udicious stated that he had received a letter from National Grid concerning the effect of the light on the crops in a field at the intersection of Honeoye Falls Five Points and West Henrietta Road. National Grid felt that there would be no effect as the candle power at the field site was very low. This information will be sent to Mr. Werner. Mr. King of the Monroe Community College, formerly of Cornell Cooperative Extension, deferred to National Grid on the impact of the light.

2. Planning Board appointment - Supervisor Udicious announced that at the last board meeting that Rick Wurzer has been appointed to the Rush Planning Board to fill the unexpired term of Richard Anderson. That term will end on December 31, 2008.

3. Employee Manual – Supervisor Udicious stated that he felt there had been sufficient time for the board members to review the final draft of the revised manual as he would like to adopt it.

Highway Superintendent King stated that as his department was most effected by the employee manual he felt that all department heads should be able to review the manual prior to its adoption by the Board. Supervisor Udicious stated that he would direct his secretary to make it available to the departments and asked that any corrections be submitted to him in writing as he wished to adopt it at the next board meeting.

V New Business

1. Cell Tower Site Agreement - Supervisor Udicious mentioned that he has been informed that the management of the cell tower on the town hall property has been transferred to Crown Castle International as a result of a merger with Global Signal.

2. Work Place Violence Policy – Information has been received from the NYS Dept. of Labor regarding workplace violence prevention and policy. Attorney Pavia will draft a proposed policy for the town to consider.

3. Whistleblower Policy – Attorney Pavia will review the policy obtained from a town in the county that has recently adopted such a policy and report back to the board at the next meeting.

4. Recreation tent purchase proposal - Recreation Supervisor Stephens explained that she has been renting a tent for the Fall Festival for a number of years at $486.00 per event. She wishes to purchase a tent that could be used for the festival and for other events that her department sponsors during the year. The cost of the tent is $3300.00 and she stated that she has placed money in her budget for this purpose. The tent is easy to set up but would have to be stored on town property when not in use. The board discussed the purchase in terms of the need for this size of tent in the future, setup and storage and the number of times it would need to be used to recover the cost.

RESOLUTION #88
Supervisor Udicious moved that the Town not purchase a tent for the Recreation Department and continue to rent as it has done in the past. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski nay
Supervisor Udicious aye carried.

5. Middle Class Star Exemption - Mrs. Henry explained that the Governor was proposing an increased star tax exemption for the middle class. However the implementation of the this exemption due to its emphasis on confidentiality will make it extremely difficult for tax collectors and town clerk’s to perform their jobs since no information can be given to banks, realtors, mortgage companies and others on the amount of tax that is being paid by the individual. All sources of information now available to the public such as the Monroe County on-line tax information would need to be removed and other tax programs altered at great cost. The tax collectors and town clerk’s association are asking for a resolution from the town board supporting a removal of the confidentiality portion of this proposal and to consider the implementation of a tax credit on state income tax in its place. Seniors and the disabled currently do not have this same type of confidentiality attached to their exemptions and thus are public information.

RESOLUTION #89
Councilman Knab moved that:

WHEREAS, Governor Spitzer proposed real property tax reform in the Executive Budget for years 2007-2008 by providing relief from school district taxes, known as Middle Class STAR”, and

WHEREAS, such proposal is welcome and needed, and

WHEREAS, such proposal contains provisions of confidentiality that will impose costly requirements of altering assessment and real property tax collection programs, and of additional personnel and dislocation and
Confusion in furnishing tax collection records, and

WHEREAS, such needed program of tax relief can be implemented through a direct credit against state income tax,

NOW, THEREFORE, be it resolved that Governor Spitzer and the Legislature are urged to amend the “Middle Class STAR” proposal by eliminating the costly confidentiality provisions, or in the alternative that the program be revised by providing a credit against the state income tax.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

6. Weight limit on High Tech Drive –

Highway Superintendent King explained that the trucking firm that is based on the Henrietta side of the Rush Henrietta Townline Road has been using High Tech Drive for their large trucks due to the poor sight distance at the flashing light at Townline Road and Route 15. The road is not built for that type of traffic and is being damaged by the overweight trucks. Mr. King asked that the Town Board authorize him to weight limit High Tech Drive at 8 tons. Mr. King, Supervisor Udicious, the NYSDOT and a representative from the truck firm will meet to discuss the intersection at Route 15 and Townline Road and a possible road cut on Route 15 that would give direct access to that road at a site with better sight distance for large trucks.

RESOLUTION #90
Councilman Knab moved that the Highway Superintendent be authorize to post a weight limit on High Tech Drive of 8 tons as allowed by Highway Law and restricting the road usage to local traffic only. Supervisor Udicious seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

7. Survey of Town Property – Supervisor Udicious explained that in response to an e-mail from a resident complaining that the town had damage a part of her property and the lack of an up to date map of the property at the dam site, he is requesting permission to hire James Parker to survey the town lands at that site. An accurate map will certainly be needed as the town proceeds with the Quality Communities grant program.

At this time Supervisor Udicious suggested that the entire holdings of the town (town hall, unclaimed parcel, adjacent lands and 1911 Rush Scottsville Road) be surveyed and combined into one parcel.

RESOLUTION #91
Councilman Knab moved that the Supervisor be authorize to hire James Parker to survey the town holdings at the dam site and to survey the lands surrounding the town hall with the objective of combining these parcels. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

8. Financial Software – Supervisor Udicious asked for permission to sign a contract with DOS to provide a financial software package for Finance Director Donald Reynolds to replace his currently outdated program. After review of the proposal it appears that a page of the contract was missing and there was a reference to a $3757.00 yearly maintenance fee that needs to be removed. A complete contract with the omission of the $3757.00 fee will be obtained for approval at the next Board meeting.

Adjournment

Councilman Knab moved that the meeting be adjourned. Councilman Doupe seconded the motion and the board polled all ayes.

Time: 8:15 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 11:56 AM

March 1, 2007

Rush Town Board Minutes - 2007/02/28

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Rush Town Board
February 28, 2007

A regular meeting of the Rush Town Board was held on Wednesday, February 28, 2007 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present: Councilman Richard Anderson
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Councilman Donald Knab, Deputy Supervisor

Absent: Supervisor William Udicious, illness

Others: Frank Pavia, Attorney for the Town of Rush
Darlene Pilarski, Deputy Town Clerk
Steven King, Highway Superintendent
Gerald Kusse, Code Enforcement
Dan Woolaver, East Henrietta Road
David Sluberski, Rush West Rush Road
Jeffrey Werner, West Henrietta Road
Jeno Osze, Honeoye Falls Five Points Road

I Open Forum

Jeffrey Werner, West Henrietta Road, expressed his concern on the placement of a street light at the intersection of Honeoye Falls Five Points Road and West Henrietta Road. He explained that the light would affect his crops during a critical part of their growth cycle. He has consulted agricultural sources that confirm his concerns. Mr. Werner asked if there were some accommodations that could be made such as turning the light off during June through September.
Mr. Werner also stated that the instances of thief greatly increase with the lighting of farm areas with close proximity to the road.

Mr. Knab stated that the board will investigate the options that may be available to address this problem such as a timer, light shield or a different type of light bulb and keep Mr. Werner updated.

II Minutes

RESOLUTION #77
Councilman Doupe moved that the minutes of the regular meeting of February 14, 2007 be approved as presented. Councilwoman Sluberski seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

III Transfer of Funds and Approval of Abstract

RESOLUTION #78
Councilman Doupe moved that the following transfers of funds be made:

Increase Revenue $38,800.00 for A-3902, State Aid Planning
Increase Appropriation for A-1440.4 Engineer, Contractual
Reflects Quality Communities Grant

Transfer:

$8,168.35 from A-1990.4 Contingency, Contractual to A-3620.4 Safety Inspection, Contractual
Clean up of 55-75 Honeoye Falls Five Points Road

$.60 from A-9050.8, Fringe Benefits, Unemploy. Comp to A-9055.8 Fringe Benefits, Disability Ins.

$.40 from DA-9050.8, Fringe Benefits, Unemploy. Comp. to DA-9055.8 Fringe Benefits, Disability Ins.

$.40 from L-9050.4, Fringe Benefits, Unemploy. Comp. to L-9055.4 Fringe Benefits, Disability Ins.
To cover rounding
Councilman Knab seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

RESOLUTION #79
Councilman Anderson 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 $16,373.31 be allowed for vouchers #174 through #213. Councilwoman Sluberski seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

IV Reports of Officers and Committees

1. Town Board – Councilman Doupe reported that he had sent a contribution from the Board to a charity in memory of Donald Reynolds of his mother in law.

2. Highway Superintendent – Mr. King reported that February was the third snowiest month in a long time and that he had used 75% of his overtime allowance.

He also reported that he had not yet seen the log jam but would try to do that this week. Councilman Knab stated that work would need to be done either now when the ground was frozen or in late summer. Mr. King said the ground was not frozen enough for work to be done and he would have to determine if he had the proper equipment to perform the removal.

Councilman Knab stated that the DEC had stated that permits would be required before work is performed in stream bed and Mr. Knab felt that the permit process should be started now as it could require some time to obtain.

The question of what to do with the logs must also be solved since they can not be chipped. Leaving them on the stream bank would involve the loss of some farm land in that area.

3. Town Clerk – Town Clerk Henry asked the Board for their approval of her attendance at the New York State Town Clerk’s Association Conference in Rochester in April. Funds for this conference are in the budget for this year.

RESOLUTION #80
Councilman Knab moved that the Town Clerk be authorized to attend the New York State Town Clerk’s Association Conference in April to be held in Rochester. Councilwoman Sluberski seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

V New Business

1. Monroe County Youth Bureau Program –

RESOLUTION #81
Councilman Anderson moved that the Supervisor be authorized to enter into an agreement with the Monroe County Youth Bureau Program for funds for youth activities. Councilman Doupe seconded the motion.
Roll: Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

2. Quality Communities Grant – Councilman Anderson reported on the meeting that he had attended with the participants in the grant program. Larsen Engineers will be contracted to perform the required services and all attendees agreed to act as co-sponsors of the project. The group is composed of a number of organizations and departments that will stress the interagency cooperation of this program and that will aid in obtaining the necessary funding for the development of the project once the line of work has been developed. Mr. Anderson stated that items such as fisheries, possible hydro development and other areas will be studied. A local citizens group will be formed to gather input in the future.

3. Highway Department bid - Mr. King explained that since there are no medium weight trucks available on state contract, it will be necessary to go out for bids. A notice has been posted and the bid opening will be held at the next regular town board meeting. This truck is needed because the truck being replaced is overdue for replacement and the cost of repairs to it is growing.

4. Association of Towns update – Councilwoman Sluberski reported that she had attended the Legislative Session at the Association of Towns meeting and that 15 of the 16 pieces of legislation being proposed will be supported by the Association of Towns. However, whether the state legislature will adopt this legislation is uncertain.

VI Open Forum

David Sluberski, Rush West Rush Road, asked a number of questions about highway department procedures and the purchase of a new piece of equipment. Councilman Knab suggested that Mr. Sluberski speak directly to the Highway Superintendent to obtain the answers to his question.

The board members did, however, explain what they had learned at the Association Conference. Mrs. Sluberski attended sessions on open meetings, code enforcement and NIMS. Mr. Doupe felt the session on the development of town centers in rural areas was of great interest to him and he felt applicable to our town. Mr. Knab stated that the exchange of information with other towns on how a particular problem had been handled helped board members perform their jobs better.

Jeno Osze, Honeoye Falls Five Points Road , complained that in the clean up of his property that his fire wood had been taken. He felt he had been unfairly treated.

Councilman Knab moved that the meeting be adjourned. Councilman Anderson seconded the motion and the board was all agreement.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 2:36 PM

February 17, 2007

Rush Town Board Minutes - 2007/02/14

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Rush Town Board

February 14, 2007

A regular meeting of the Rush Town Board was held on February 14, 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Darlene Pilarski, Deputy Town Clerk
Gerald Kusse, Code Enforcement

I Approval of Minutes

RESOLUTION #71
Councilman Doupe moved that the minutes of the January 24, 2007 board meeting be approved as presented. 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 Abstract

RESOLUTION #72
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 $84,767.17 be allowed for vouchers #108 through #173. Councilman Anderson seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Correspondence

1. Patricia Stephens re monthly report and request for payment of staff on snow days

There was discussion on this request and it was generally agree that parents should be reimbursed for unused after school days that were not used due to weather closing the schools but that the employee manual states that hourly part time employees do not get paid for days not worked. Councilman Knab felt this issue should be discussed further next meeting.

IV Reports of Officers and Committees

1. Town Board – Councilman Doupe reported that the wine tasting event for the library was very successful and over $3,000 was realized. He also mentioned the death of Finance Director Don Reynolds mother in law.

2. Code Enforcement – Mr. Kusse mentioned that he had spoken with the DEC concerning the log jam in Honeoye Creek and they have confirmed that the responsibility for removing the jam lays with the adjacent property owners. Also permits are required to do work in the creek area.

Supervisor Udicious stated that he will talk with Highway Superintendent King is determine if his department will do the work to remove the jam and if not then a private contractor will have to be hired.

Councilman Knab stated the felt that the funds from the drainage district fund could be used as the effects of this jam affect the town’s ability to develop their adjacent property as well as affecting the lands in the area of the jam.

Mr. Kusse also mentioned a problem with the testing and detonation of explosive devices at 2516 Rush Mendon Road. He further explained that Mr. Calev, the property owner, designed computer detonation system, which he testing on his 1.7 acre parcel adjacent to the Linear Trail. Monroe County Parks has been contacted and expressed concern about this activity next to their trail. Fire Code allows this type of activity only in isolated areas. The Town Attorney will be consulted on the next course of action.

3. Supervisor – Supervisor Udicious stated that the use of the sidewalk on the west side of East Henrietta Road from the Sugar Creek to the Creekside has caused problem since the packing of the snow by the machines makes it impossible for the town to plow the sidewalks. There have been a number of complaints about this situation. The Town Code, however, states that this is legal and town needs to review the code and perhaps consider modification. The matter will be discussed again at the next board meeting.

Representative Randy Kuhl will be hosting a meeting at the Rush Town Hall on March 17th between 9 and 10 a.m. This information will be placed on the town’s Website.

An application has been made to the Community Development Block Grant program for funds to install handicapped restrooms in the proposed pavilion to be built on the land adjacent to the town hall. Mr. El Rayess has estimated that the cost of the restrooms and required utilities will be about $67,000.00. Supervisor Udicious submitted a Bloc Grant request for $66,700 but if the entire amount is not received and additional request can be made next year.

By the next Town Board meeting Mr. El Rayess will have a development cost estimate for the phased development of the property.

There was a discussion of the parking of cars continually on town property and the use of town hall restroom facilities by the employees and customers of the auto repair shop across the street from the town hall. Code Enforcement Officer Kusse will investigate.

V Public Hearing Local Laws 2007 #1 & #2

Local Law 2007-1 and Local Law 2007-2 concern the raising of income limits to qualify for exemptions from taxation for senior citizens and for those with social security classified disabilities.

Town Clerk Henry stated that the property legal notice for these hearing had been posted in the town’s legal newspapers and placed on her bulletin board as required by law.

The hearing was declared open and as there were no comments from the audience or the board, the hearing was then closed.

RESOLUTION #73
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 2007-1-Senior Citizen Tax Exemption; and
WHEREAS, said public hearing on February 14, 2007 was held by the Town Board at its regularly scheduled meeting on February 14, 2007 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 2007-1 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 Senior Citizen Tax Exemption, as proposed in Local Law 2007-1, 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 #74
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 2007-2-Tax exemption for persons less than 65 years of age with Social Security classified disabilities; and
WHEREAS, said public hearing on February 14, 2007 was held by the Town Board at its regularly scheduled meeting on February 14, 2007 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 2007-2 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 Tax exemption for persons less than 65 years of age with Social Security classified disabilities, as proposed in Local Law 2007-2, be adopted.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

VI Old Business

1. Dedication of Telephone Road Extension –

RESOLUTION #75
Councilman Doupe moved
WHEREAS, on January 4, 2007 the Town of Rush received a letter from the Town Engineer, Clough Harbor & Associates LLP certifying that the Telephone Road Extension was constructed pursuant to the Town of Rush’s design standards and recommending that the town of Rush accept the dedication of the Telephone Road Extension as a public highway; and
WHEREAS, on January 12, 2007, the Town Board of Rush received a letter from Town of Rush Highway Superintendent Steven C. King certifying that the Telephone Road Extension meets the design criteria and construction specifications required by the laws of the Town of Rush, and
WHEREAS, a Short Environmental Assessment Form has been prepared for the dedication of the Telephone road Extension and was reviewed and deemed complete by the Town Board; and
WHEREAS, the Town Board classified the action as an Unlisted Action subject to an uncoordinated review under the New York State Environmental Quality Review Act pursuant to 6 N.Y.C.R.R. Sec. 617.2(ak) and 617.6.
NOW THEREFORE, BE IT RESOLVED, that pursuant to 6 N.Y.C.R.R. Part 617.4, the Town Board hereby accepts and assumes the responsibility of acting as lead agency under SEQRA for the environmental review of the telephone Road Extension; and be it
FURTHER RESOLVED, that after reviewing the Short Environmental Assessment Form prepared for the dedication, the Town Board determines that dedication of the Telephone Road Extension as a public highway does not include a potential significant adverse environmental impact, and thus issues a negative declaration pursuant to 6 N.Y.C.R.R. Sec. 617.7; and be it
FURTHER RESOLVED, that the Town Board of the Town of Rush does hereby accept and dedicate as public highways the street commonly known as Telephone Road Extension, subject to the town receiving: 1) a metes and bounds description and map of the Telephone Road Extension; 2) a warranty deed from Jack Moore as property owner of the Telephone Road Extension, describing the street and a notarized and signed Dedication and Release of Land from Jack Moore, both of which must be filed with the County Clerk’s Office; and 3) an executed Order Laying Out Highway on Release from Owner, as signed by the Town Superintendent of Highways and filed with the Town Clerk’s Office; and be it
FURTHER RESOLVED, that the Supervisor be, and hereby is, authorized and directed to record the necessary documents relating to public dedication of the aforesaid highway, with the original documents to be returned to and filed permanently with the Town Clerk’s Office.
Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

2. Employee Manual – Draft given to the Board members to review and any typos should be given to the Supervisor’s secretary. New provision proposed by Councilman Doupe should be reviewed along with the reworking of provision on personal leave time with objective of creating a final draft of the employee manual.

VII New Business

1. Street Light at Route 15 and Honeoye Falls Five Points Road –

A letter received from Niagara Mohawk with yearly cost and asking for a board resolution has been received.

RESOLUTION #76
Supervisor Udicious moved that National Grid be authorized to install a 150 watt high pressure sodium lamp and luminaire on the exiting pole #8360 at the corner of Route 15 and Honeoye Falls Five Points Road for a cost of $135.00 per year. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

Supervisor Udicious stated that James Bucci had volunteered to create a prioritized list of other intersections that could benefit from the installation of a light.

Adjournment

Councilman Knab moved to adjourn the meeting. Councilman Doupe seconded the motion and the board was all in agreement.

Time: 7:45 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 2:30 PM

January 27, 2007

Rush Town Board Minutes - 2007/01/24

Download full PDF of these notes.

Rush Town Board
January 24, 2007

A regular meeting of the Rush Town Board was held on January 24, 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
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others: Frank Pavia, Attorney for the Town of Rush
Steven King, Highway Superintendent
Gerald Kusse, Code Enforcement
Gail Mack, Rush Scottsville Road
Darlene Pilarski, Deputy Town Clerk
Larry Brown, Rush Scottsville Road
Steve Manning, Rush Scottsville Road
Ken Gordon, Larsen Engineers
John Lebens, Rush Scottsville Road

I Minutes

RESOLUTION #65
Supervisor Udicious moved that the minutes of the regular Town Board meeting of January 10, 2007 be approved as presented. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II Approval of Abstract

RESOLUTION #66
Councilman Doupe 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 $32,570.67 be allowed for vouchers #44 through #107. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Correspondence

Supervisor Udicious stated that he had received correspondence from National Grid alerting the Town that there would be a town wide power outage between midnight and 6 am on February 3rd . Notices will be sent to all the town residents and a notice will be placed in the town’s Newsletter and on the Website.

IV Reports of Officers and Committees

1. Town Board – Councilman Knab reported that he has received an estimate from the electrician to correct the lighting problems in the parking lot. This estimate will be reviewed with the Supervisor. Also the ice jam in the gutters outside the library will be checked.

Councilman Doupe stated that the 3rd annual Wine Tasting sponsored by the Library will be held on February 3rd at Wildwood County Club.

2. Town Clerk – Town Clerk Henry explained that Resolution #50 of the Organizational Meeting needed to be amended to reflect a change in the mileage reimbursement allowance from .445 per mile to .485 per mile.

RESOLUTION #67
Councilman Knab moved that Resolution #50 of the Organizational Meeting minutes for 2007 be amended to read .485 per mile for reimbursement purposes. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

3. Highway – Highway Superintendent King reported that the County Of Monroe will be considering adjusting the amount the town will be paid for each road mile for mowing roadsides. The number of cuttings per year has been reduced from three to two. It appears that the town has been shorted about $40.00 per mile. Any change in the payment rate will be reflected in next year’s budget not this year.

4. Code Enforcement – Mr. Kusse explained that it has been brought to his attention by several residents with property along Honeoye Creek that a log jam had been forming roughly behind 1715 Rush Scottsville Road and is causing the level of the creek to rise, effecting adjacent properties. The creek banks are eroding causing trees to fall and enlarge the initial blockage.

Steve Manning and Larry Brown explained what they had witnessed and have sought the help of the town in resolving the problem. The NYS DEC direction has been that it is the responsibility of the landowners and the town.

The issue was discussed with the highway superintendent who was directed to investigate the site and report back to the board. Attorney Pavia suggested that it might be necessary to obtain a Stream Disturbance Permit from the DEC before any work can be done and that the DEC must give better direction to the town on how the problem could be solved. Since fish species have been affected, the DEC might be more receptive to lending some assistance.

Mr. Brown suggested the Monroe County Soil and Water District might be of some assistance since farm lands are being impacted by the rising water level and erosion.

Mr. King and Mr. Kusse will be taking photographs of the area and the log jam itself.

5. Supervisor – Supervisor Udicious stated that he had received a request for the installation of a street light at the intersection of Route 15 and Honeoye Falls Five Points Road. NYS DOT and National Grid have been contacted and a quote of costs will be forthcoming.

The position on the Planning Board has been posted on the Town Website and in the Pennysaver. An error on the part of the Pennysaver printed an incorrect ad the first week but a second week with the correct information was printed. No applications have yet been received as a result of the postings.

Councilman Knab offered to rework the job description for the Emergency Preparedness Coordinator to be more in line with the responsibilities and payment offered.

V Old Business

1. Surveillance Cameras – The cameras have been installed, tested and are working. Signs will be posted to alert people that the premises are being monitored by cameras surveillance.

VI New Business

1. Quality Community Grant Program –
Supervisor Udicious explained that the Town has been awarded a grant for $38,800 from the State of New York and along with $9,730 of town funds will be used to develop a plan for the dam, park and trail areas.

Ken Gordon, Larsen Engineers, explained that the contract has been received from the state but that changes were required and the amended contract has been returned to the state again.

He explained that there is a great deal of administrative work to be done as there are a number of outside agencies involved in this project. The plan to rehabilitate the dam will also include improvements in the trail system and utilizing the stream areas for recreation. The Village of Honeoye Falls, Mendon Foundation, Monroe County and the Genesee Finger Lakes Regional Planning Council are all partners in this plan reflecting the creek valley not just the Town of Rush.

An oversight committee needs to be formed to determine the roles and responsibilities each partner will assume. A consultant needs to be selected and contracts signed with the co-partners. He requested $1,500 refundable fee to get the process started.

Councilman Knab asked for a schedule of values for the funds requested.

RESOLUTION #68
Councilman Knab authorized the expenditure of the $1,500, refundable, for the creation of an oversight committee to begin the process of developing of plan for the rehabilitation of the dam, development of recreation along the stream corroder and the further development of the linear trail and other possible programs under the Quality Community Grant Program. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

2. Public Hearing on Exemptions –

RESOLUTION #69
Councilman Knab moved that a public hearing be held on February 14, 2007 at 7:15 p.m. to consider increasing the exemption levels for senior citizens and for persons less than 65 years of age with social security classified disabilities from property taxes. These will be Local Law 2007 -1 and Local Law 2007-2. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Anderson aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

3. Road dedication – Supervisor Udicious stated that he has received from the Highway Superintendent a letter recommending the dedication of Telephone Road Extension by the Town of Rush. Attorney Pavia stated that he would prepare the resolution for the next meeting for the Town to accept the formal dedication of this road.

4. Court Room/Town Clerk office modifications –

Supervisor Udicious explained that he had received permission in May 2006 to contract with Millco Woodworking to make some modifications to the courtroom for a sum not to exceed $15,500.00. Since Millco has not been responsive to numerous calls, Supervisor Udicious sought and obtained an estimate from a local contractor to perform the work in the court room of installing a railing between audience and the bench, delineate the jury box and install seating in the holding cell. In addition a number of items needed in the town clerk’s office were estimated and the whole project should cost less than the originally approved amount. Supervisor Udicious asked that Resolution #110 be amended to remove the name of Millco Woodworking and be replaced with the term contractor.

RESOLUTION #70
Councilman Knab moved that Resolution #110 from the May 24, 2006 Town Board meeting be amended to delete the name of Millco Woodworking as the authorized contractor to make the modifications to the court office and replace it with the term “contractor to be selected”. Councilman Doupe seconded the motion.

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

5. Audit requirements - Supervisor Udicious stated that it has come to his attention that a yearly audit should be performed by all departments that handle funds. There was discussion on finding a firm to perform an audit based on the guidelines published by the state. Attorney Pavia stated that he could provide some companies, familiar with municipal accounting, for the board to consider.

Adjournment

Councilman Knab moved that the meeting be adjourned. Councilman Doupe seconded the motion and the board agreed.

Time: 8:00 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 2:26 PM

December 29, 2006

Rush Town Board Minutes - 2006/12/27

Download full PDF of these notes.

Rush Town Board
December 27, 2006
Regular Meeting
Organizational Meeting for 2007

A meeting of the Rush Town Board was held on December 27, 2006 at the Rush Town Offices, 5977 East Henrietta and was called to order at 7:00 p.m.

Present: Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent: Councilman Luther Keyes, work

Others: Gerald Kusse, Code Enforcement
Charles Rinere, Fire Marshal
Darlene Pilarski, Deputy Town Clerk
Pam Bucci, Supervisor’s Secretary
David Sluberski, Rush West Rush Road
Richard Anderson, Harvest Lane

I Approval of Minutes

RESOLUTION #184
Councilman Knab made a motion that the minutes of the Rush Town Board Meeting of December 13, 2006 be approved with the correction on page 4, para.4 line 10 should read “$250,000.00”. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

II Transfer of Funds and Approval of Abstract

RESOLUTION #185
Councilman Knab moved that the following transfers of funds be made:
1. $10,000.00 from DA-5148.1 Ser. To Other Govts, Pers. Serv. to DA-5130.1 Machinery, Per. Serv. (equipment maintenance)
2. $800.00 from DA-5148.1 Serv. to Other Govts, Pers. Serv to DA-5110.1 Maint. of Roads, Pers. Serv. (Chapman Road repair)
3. $2,000.00 from DA-5148.1 Serv. to Other Govts. Pers. Serv. to DA-5140.1 Misc./Brush/Weeds, Pers. Serv. (cover personal days)
4. $1,350.00 from DA-5142.1 town Snow Removal, Pers. Serv. to DA-5140.1 Misc./Brush/weeds, Pers. Serv. (cover personal days)

5. $14.77 from DA-9010.8 Employee Benefits State Retirement to DA-9050.8 employee Benefits Unemployment Insurance (cover over in unemployment)
6. $25.71 from A-1220.1 Supervisor, Pers. Serv. to A-1670.1 Central Printing and Mailing, Pers. Serv. (overage)
7. .16 A-1010.4 Legislative, Contractual to A-1010.4 Legislative, Pers. Serv. (rounding)
8. .24 from A-8010.4 Zoning, Contractual to A-8010.1 Zoning Pers. Serv. (rounding)
9. .24 from A-8090.4 Conservation, Contractual to A-8090.1 Conservation. Pers. Serv. (rounding)
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

RESOLUTION #186
Councilwoman Sluberski 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 $42,490.04 be allowed for vouchers #1233 through #1284. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

III Reports of Officers and Committees

1. Town Board – Councilwoman Sluberski reported on the Zoning Board of Appeals and Planning Board meetings she had attended. Robert Weiler will be serving as Deputy Chair for the ZBA for three months while Chairman VanLare is out of the state. The Dorschel application for an oversize sign has been withdrawn by the applicant.

2. Town Clerk – Mrs. Henry reported that the Town and County tax bills have not yet been received for processing.

3. Code Enforcement - Code Officer Kusse stated that the program for his department has been loaded and is ready for use.

4. Supervisor – Supervisor Udicious stated that he had received the annual activity report from the ZBA. Fewer applications were heard this year than in the past.

All grant funds that were awarded to the town in this year have been received. Confirmation on the dam grant received should be received within the next few weeks.

There will be a meeting on January 5th at 9 am concerning application for Community BLOC grants for 2007. The Town Board was asked to provide suggestions for the Town to pursue in 2007. Also, there will be a meeting on COMIDA to amend the policy on January .

Supervisor Udicious stated that a recommendation from the Rush Planning Board on the Dorschel application for rezoning has been received. The applicant will be contacted to determine if they wish to continue with a public hearing on their proposal.

IV Old Business

1. Sale of Hart’s Fields- Supervisor Udicious stated that he had contacted three different realtors to solicit prices for representing the town in the sale of Hart’s Fields. The lowest fee was 6% and he asked that he be authorized to hire a realtor at that rate.

RESOLUTION #187
Councilman Knab moved that the Supervisor be authorized to sign a contract with a realtor for a fee not to exceed 6%, subject to the approval of the Attorney for the Town,
to represent the town is the sale of Hart’s Fields.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski nay
Supervisor Udicious aye carried.

V Open Forum

David Sluberski asked how many applications for the open position on the town board had been received and how was it advertised. He asked if a notice was placed on the Town’s web site. Supervisor Udicious stated that one application had been received and that an ad was placed in the Pennysaver since it was felt that that vehicle had the largest readership. Mr. Sluberski suggested that in the future all open board positions be placed on the website since he felt a large number of people checked there.

ORGANIZATIONAL MEETING
FOR 2007

RESOLUTION #1
Councilman Knab moved BE IT RESOLVED, that John Felsen be re-appointed as Chairman of the Rush Planning Board for the year 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #2
Councilman Knab moved BE IT RESOLVED, that John Morelli be appointed as Deputy Planning Board Chairman to serve when the Board Chairman is not available for the year 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #3
Councilman Knab moved BE IT RESOLVED, that Donald Van Lare be re-appointed as a Chairman of the Rush Zoning Board of Appeals for the year 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #4
Councilman Knab moved BE IT RESOLVED, that Donald Sweet be re-appointed as a member of the Rush Planning Board for a five year term. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #5
Councilman Knab moved BE IT RESOLVED, that Robert Weiler be appointed as Deputy Zoning Board of Appeals Chairman to serve when the Board Chairman is not available for the year 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye

Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #6
Supervisor Udicious moved BE IT RESOLVED, that David Watson be re appointed as Chairman of the Conservation Board for the year 2007. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #7
Councilman Knab moved BE IT RESOLVED, that Amber Corbin be reappointed as a member of the Zoning Board of Appeals for a five year term. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Keyes aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #8
Councilman Knab moved BE IT RESOLVED, that Patricia Stephens be re appointed as Recreation Supervisor for the year 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #9
Councilman Knab moved BE IT RESOLVED, that Jerry Tallo be reappointed to the Conservation Board for a five year term. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #10
Councilman Knab moved BE IT RESOLVED that Donald Sweet be reappointed to the Board of Assessment Review for a five year term to run from October 1, 2006 through September 30, 2011. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye

Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #11
Councilman Knab moved BE IT RESOLVED, that Richard Schneider and Charles DeSalvo be re-appointed as Court Attendant for the year 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #12
Councilman Knab moved BE IT RESOLVED, that the Town Board acknowledges and approved the re-appointment of Darlene Pilarski Deputy Town Clerk for the year 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #13
Councilman Knab moved BE IT RESOLVED, that the Town Board acknowledges and approved the Supervisor’s reappointment of David Oliver as Town Historian for the year 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #14
Councilman Knab moved BE IT RESOLVED, that the Town Board acknowledges and approves the Supervisor’s reappointment of Pamela Bucci as Secretary to the Supervisor for the year 2007. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #15
Councilman Doupe moved BE IT RESOLVED, that the Town Board acknowledges and approves the Supervisor’s reappointment of Donald Reynolds as Budget Officer for the year 2007 pursuant to Section 103(2) of Town Law. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #16
Councilman Doupe moved BE IT RESOLVED, that the Town Board acknowledges and approves the Supervisor’s reappointment of Donald Reynolds as the Director of Finance for the year 2007. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #17
Councilman Doupe moved BE IT RESOLVED, that the Town Board acknowledges and approves the Highway Superintendent’s re-appointment of Mark E. David as Deputy Highway Superintendent for the year 2007. Councilwoman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #18
Councilman Doupe moved BE IT RESOLVED, that Richard Schneider be re-appointed as Dog Control Officer for the year 2007 and William Chase be re-appointed as Emergency Dog Control Officer for the year 2007.
Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #19
Councilman Doupe moved BE IT RESOLVED, that Gerald Kusse be re appointed as Code Enforcement Officer for the year 2007. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye

Supervisor Udicious aye carried.

RESOLUTION #20
Councilman Doupe moved BE IT RESOLVED, that Kathie Schneider and Sally Newell be re-appointed as Justice Court Clerks for the year 2007. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #21
Councilman Doupe moved BE IT RESOLVED, that Donald F. Knab Jr. be appointed as Interim Coordinator of Emergency Preparedness for the year 2007. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #22
Councilman Doupe moved BE IT RESOLVED, that the Town Board acknowledges that the Town Clerk has been appointed as Records Management Officer pursuant to Section 57.19 of the Cultural Affairs Law which requires the Records Management Officer to establish a program for the property maintenance of all Town Records. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #23
Councilman Doupe moved BE IT RESOLVED, that Deborah Curran be re-appointed as Assessment Clerk for the year 2007. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #24
Councilman Doupe moved BE IT RESOLVED, that Linda Henry be re appointed as Registrar of Vital Statistics. Councilman Keyes seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #25
Councilman Doupe moved BE IT RESOLVED, that the amount of reimbursement for expenses incurred by the employees having medical coverage with the Town of Rush under the Flexible Spending Agreement be set at $850.00 for the year 2007. Full time employees not covered by the Town insurance will receive $1,850 in Flexible Spending. Contributions made by elected officials and employees, rated ½ time or greater, to their flexible spending accounts is limited to a maximum of $5,000.00 for dependent care and $2,000.00 for health care for the year 2007. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #26
Councilman Doupe moved, BE IT RESOLVED, the payroll schedule for 2007 be as follows:
a. Twenty six (26) bi-weekly pay periods with payment every other Thursday for all employees with the exception of
b. Quarterly starting March 31, 2007 for the Town Historian, Councilman, members of the Zoning Board, Planning Board and Conservation Board. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Keyes aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #27
Councilman Doupe moved BE IT RESOLVED, that the regular meetings of the Rush Town Board shall be held on the second and fourth Wednesdays of January, February, March, April, May, September and October. During the months of June, July, August, November and December there shall be one regular Town Board meeting, to be held on the second Wednesday of the month. The second meeting in December will be held on the last Wednesday of December. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #28
Supervisor Udicious moved BE IT RESOLVED, that pursuant to Section 64 (11) of the Town Law, the Town Board hereby designates The Sentinel and The Henrietta Post as the official newspapers of the Town. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #29
Supervisor Udicious moved BE IT RESOLVED, that since there is no newspaper published exclusively for the Town, a bi-monthly newsletter will be published and distributed town wide by the Supervisor’s office. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #30
Supervisor Udicious moved BE IT RESOLVED, that Clough Harbour & Associates LLP be appointed as engineers for the Town. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #31
Supervisor Udicious moved BE IT RESOLVED, that each newly appointed member of the Zoning Board of Appeals and Planning Board be required to attend the first available complete planning and zoning training session, which is usually held October through December and require attendance at 6 to 8 three (3) hour sessions and a field trip; every two (2) years. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #32
Supervisor Udicious moved BE IT RESOLVED, that WHEREAS, the New York State Legislature has adopted Chapter 662 of the Laws of 2006 which requires, among other things, town planning and zoning board members to undertake four (4) hours of relevant education programs to keep informed about the land use and zoning issues:
And
WHEREAS, the Town Board of the Town of Rush desires to ensure that the members of the Town of Rush Planning Board and Zoning Boards conform to this new law.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Rush does hereby require that all of the members of the Rush Planning Board and Rush Zoning Board undertake a minimum of four (4) hours of training annually; and be it
FURTHER RESOLVED, that each member of the Rush Planning Board and Rush Zoning Board submit to the Town Clerk by December 31st of each year a written verification that such training has taken place; and be it
FURTHER RESOLVED, that failure to meet the training requirements will subject the Board Members to removal from the board; and be it
FURTHER RESOLVED, that the continuing education can be, but is not limited to, programs developed or instructed by the New York State Association of Towns, the Monroe County Planning Department, the New York State Planning Federation and/or the Town Attorney; and be it
FURTHER RESOLVED, that this resolution takes effect immediately.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #33
Supervisor Udicious moved BE IT RESOLVED, that the Town Board does hereby retain Harris Beach PLLC, as attorneys for the Town of Rush, for 2007 for a retainer fee of $44,000.00 excluding litigation which, when authorized, will be billed at an hourly rate. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #34
Supervisor Udicious moved that the Town Board recognizes the existence of the Farmland Advisory Committee as established by the Town Board as an advisory committee for balance in preservation and/or development of land within the Town. The Town Board also acknowledges the members of this committee are working in a voluntary capacity. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #35
Councilman Keyes moved BE IT RESOLVED, that the Town Clerk notify by letter all people regarding their new appointments and terms of office and keep updated records as acted upon at the meeting of the Town Board, inform appointees of their need to take an oath of office, where applicable, and furnish a Code of Ethics to the new appointees and file such appointments as required by law;
BE IT FURTHER RESOLVED, that the Town Clerk files a listing of all Town elected officials and offices with the address, date of appointment and expiration date of terms, within twenty (20) days of the appointment with the
County Clerk’s office and by the tenth of January with the New York State Department of Audit and Control. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #36
Councilwoman Sluberski moved BE IT RESOLVED, that vouchers for claims be submitted to the Town Clerk’s office by noon on the Friday prior to the second Wednesday of each month and that typed list of claims be submitted to the Supervisor by noon of the Monday preceding the next regularly scheduled Town Board meeting and also
BE IT RESOLVED, that vouchers shall not be accepted for listing without the prior department head approval. Copies of all resolutions to be considered at the next regular board meeting are to be available for Town Board member’s review two (2) days prior to the meeting. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #37
Councilwoman Sluberski moved BE IT RESOLVED, that the Town Clerk immediately apply for renewal of the town’s bulk mailing permit. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #38
Councilwoman Sluberski moved BE IT RESOLVED, that the just and reasonable expenses incurred by the town officials in attending Monroe County Association luncheon meetings will be an acceptable town charge and will be reimbursed. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #39
Councilwoman Sluberski moved BE IT RESOLVED, that the membership in the Association of Towns of the State of New York and payment of membership dues for 2006 in the amount of $900.00 is hereby authorized. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #40
Councilwoman Sluberski moved that the Town Board deems the membership of municipal officials in associations of municipal officials and paying dues thereof as actual and necessary expenses and the Board has determined that the membership would be beneficial to the officials in the performance of their municipal functions and make such membership a duty of their office. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #41
Councilwoman Sluberski moved BE IT RESOLVED, that Supervisor Udicious, as Chief Fiscal Officer, is hereby authorized to invest funds of the Town which are not required for immediate expenditures as provided by Section 11 of the General Municipal Law during the year 2007. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #42
Councilwoman Sluberski moved BE IT RESOLVED, that with the prior approval by the Town Board, elected officials and others who attend the Association of Towns meeting may be reimbursed for actual expenses to the limit of the per diem charges as determined by the State of New York and the IRS schedule. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #43
Councilwoman Sluberski moved BE IT RESOLVED, that William Chase be re-appointed to provide on call maintenance services for the year 2007.
Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #44
Councilwoman Sluberski moved BE IT RESOLVED, that the Town contract to lease space at Suburban Animal Hospital for the three day legally required holding period for stray dogs from the town. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.

RESOLUTION #45
Councilman Knab moved BE IT RESOLVED, that petty cash funds be continued and established as follows for 2007:
Each Justice $50.00 Librarian $125.00
Town Historian 25.00 Rec. Supervisor $150.00
Town Clk-drawer 125.00 Town Clk-checking $100.00
Supervisor 100.00
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #46
Councilman Knab moved BE IT RESOLVED, that the Town of Rush may accept Monroe County and New York State and School District coalition bid proposals for materials used in the Highway Department. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #47
Councilman Knab moved BE IT RESOLVED, that the Town Board acknowledges the necessity for annual maintenance and upkeep of the buildings and equipment for the health and safety of employees and the public and expresses its approval for the Supervisor to contract for the annual cleaning of the septic system, windows, furnace, gutters, etc. and also any emergency repairs/replacements that may arise.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #48
Councilman Knab moved BE IT RESOLVED, that the Town Board of Rush, New York, County of Monroe, has consented to the temporary assignment of its justices to preside in other Town Courts in the Seventh Judicial District as the need arises during the year 2007 and approves the temporary assignment of judges from other Town Courts in the Seventh Judicial District to this Court as the need arises during the year 2007. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #49
Councilman Knab moved BE IT RESOLVED, that pursuant to Town Law Section 42, the Town Board establishes the office of Deputy Supervisor, and BE IT RESOLVED, that the Town Board acknowledges and expresses its approval of the Supervisor’s intention to name Donald F. Knab, Jr. as Deputy Supervisor for the year 2007 with the right to carry out the duties of the Town that might need attention during the absence of the Supervisor. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #49
Councilman Knab moved BE IT RESOLVED, that pursuant to Section 64(1) of the Town Law, the Town Board hereby designates Chase Bank, N.A. as the depositories for the Town funds of all its offices and departments and withdrawn upon check, draft, note or written order of the Town of Rush, signed by Supervisor William R. Udicious or Deputy Supervisor Donald F. Knab Jr. and also BE IT RESOLVED, that the bank is hereby authorized to pay such checks, drafts, notes or written orders and to receive same for credit to the account of the payee, or in payment of the individual indebtedness of the payee, or any other holder when so signed, without injury as to the circumstances of their issue or the disposition of their proceeds, whether drawn to the individual order of or tendered in payment of the individual obligation of any of the above persons or of any officer or employee of the Town; and also BE IT RESOLVED, that the Supervisor and the Town Clerk are hereby authorized to certify to the Bank a copy of this resolution. The bank may rely and act upon such certification of any changes therein. Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #50
Councilman Doupe moved BE IT RESOLVED, that the authorized mileage reimbursement be set at $.445 per mile. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #51
Councilman Doupe moved BE IT RESOLVED, that the monies in the amount of $170.00 per person be allowed for the purchase of work shoes, work coats and work jackets for the Highway Department and these items will be maintained by the employee at their own expense. Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #52
Councilman Doupe moved BE IT RESOLVED, that the following liaisons be maintained for establishing communications between the Town Board and the following:

Planning Board –
Zoning Board of Appeals – Lisa Sluberski
Conservation Board – Donald Knab
Library Board – Thomas Doupe
Fire Commissioners – Thomas Doupe
Recreation Department – Lisa Sluberski
Councilman Knab seconded the motion.

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

RESOLUTION #53
Councilman Doupe moved BE IT RESOLVED, that the salaried positions, established for retirement purposes and based on time logs and hours provided for in budgets, are as follows:
Supervisor 30 hours
Director of Finance 22 hours
Town Clerk 35 hours
Superintendent of Highways 40 hours
Code Enforcement 30 hours
Fire Marshal 10 hours
Library Technician 35 hours
Historian 5 hours
Justice 9 hours
Councilman 8 hours
Assessor 15 hours
Laborer, Town Hall 8 hours
Dog Control 9 hours
Councilman Knab seconded the motion.

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

RESOLUTION #54
Councilman Doupe moved BE IT RESOLVED that the Town Board sets the follow fee schedule for the year 2007:

1. Zoning Board of Appeals
a) Appeals for area variance - $100.00
b) Appeal for use variance - $200.00
c) Application for sign variance - $100.00
d) Application for fence permit - $100.00

2. Planning Board
a) Application for site plan review of single family dwelling not covered by subdivision review - $125.00
b) Application for site plan review of multiple dwelling, commercial or industrial development $200.00 plus $30.00 per 1000 sq. ft. or fraction thereof.
c) Application for special permit - $125.00
d) Application for preliminary hearing on subdivision of land into two parcels - $125.00, for each additional parcel $20.00
e) Application for final hearing on subdivision into two or more parcels $50.00 per parcel over two
f) All engineering fees incurred by the Planning Board in their review of subdivision are to be charged to the applicant plus 10% administrative reimbursement
g) All fees required when filing special districts,
such as drainage and park districts with Monroe County will be charged to the applicant.
h) Lot line adjustments made administratively - $50.00
i) Peddlers permit - $40.00

3. Building Permits

a- For all residential single family construction $10.00 per l00 sq ft or fraction thereof of total gross area
b- For all multiple dwelling and townhouse construction $11.00 per 100 sq ft or fraction thereof of total gross area
c- For commercial or industrial construction $12.00 per 100 sq ft or fraction thereof of total gross area
d- For agricultural use construction $5.50 per 100 sq ft or fraction thereof of total gross area
e- Minimum building feet $50.00 for all construction. Maximum permit fee $100.00 for agricultural construction
f- Miscellaneous permit fee (i.e. chimney, fireplace, wood stove) $35.00
g- Any engineering fees incurred, at the discretion of the Building Department, for plan review or consultation, to be billed to applicant at cost plus 10% administrative expenses
h- Re-inspection fee $50.00 levied to permit holder at the discretion of the Building Department when multiple inspections are required
i- Certificate of Occupancy or Compliance – required for all permits
Residential - $50.00 Commercial/Industrial - $100.00
j- Swimming pools:
1 & 2 family residential – ab gr $35.00 in gr $40.00 plus $10.00 for fence
All others $100.00 plus fence permit fee, where applicable
k- Demolition permit - $50.00
l- Driveway permit – town roads - $80.00
m- Recreation fee:
Charged for new residential construction or replacement at a new street number location upon the issuance of a building permit or Certificate of Occupancy, to be deposited in a fund for use in the acquisition of land and/or construction of capital improvements for park, playground or recreation purposes.
Single family residential - $300.00
Two family residential - $600.00
Multiple dwelling –
Studio or 1 bedroom per unit - $150.00
Two bedrooms per unit - $200.00
Three or more bedrooms per unit - $300.00
n- Fence permit - $25.00
o- Communication devices permit - $10.00 per foot
Minimum fee $450.00

Building permits can be renewed for ½ the original permit fee but the minimum permit fee will still apply.
Road Work Permits

Permits:
Residential driveway (town road) $80.00
Commercial driveway (town road) $120.00
Temporary access – construction $80.00
Underground boring $80.00
Road cuts $300.00
Work within ROW $80.00

New fees

a) Annual inspection of residential rental property - $50.00
b) Replacement of doors and windows - $35.00
c) Annual fire inspection of commercial/Industrial - $50.00
d) Re-roofing permit - $35.00
e) Permit for interior remodeling - $35.00
f) Installation of underground fuel tanks - $50.00
Councilman Knab seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #55
Councilman Knab moved BE IT RESOLVED that the Town Board
adopts the following salary schedule for 2007:

Supervisor 27,828/yr
Town Clerk/Tax Collector 44,869/yr
Highway Superintendent 63,537/yr
Councilperson (4) 6,615/yr
Justice 12,103/yr
Planning Board members (each) 588/yr
Planning Board chairman 672/yr
Zoning Board members (each) 509/yr
Zoning Board chairman 588/yr
Conservation Board members (each) 509/yr
Conservation Board chairman 588/yr

General Fund Wage Schedule 2007
Merit Step Positions
Hourly Positions -----------------------------Step --------------------------------
1 2 3 4 5


Supervisor's Secretary 12.47 12.84 13.23 13.63 14.04
Deputy Town Clerk 12.47 12.84 13.23 13.63 14.04
Assessment Clerk 11.77 12.12 12.48 12.85 13.24
Secretary Planning & Zoning 11.30 11.64 11.99 12.35 12.72
Court Clerk 1 12.75 13.13 13.52 13.93 14.35
Court Clerk 2 10.84 11.17 11.51 11.86 12.22
Court Attend/Server 10.68 11.00 11.33 11.67 12.02
Recreation Supervisor 12.71 13.09 13.48 13.88 14.30
Recreation Leader 1 11.88 12.24 12.61 12.99 13.38
Recreation Leader 2 9.00 9.27 9.55 9.84 10.14
Recreation Attendant 1 9.50 9.79 10.08 10.38 10.69
Recreation Attendant 2 8.96 8.95 9.22 9.50 9.79
Recreation Attendant 3 8.20 8.45 8.70 8.96 9.23
Laborer Town Hall 10.57 10.89 11.22 11.56 11.91
Laborer Landfill 9.39 9.67 9.96 10.26 10.57
Laborer 1 Parks 9.07 9.34 9.62 9.91 10.21
Laborer 2 Parks 10.39 10.70 11.02 11.35 11.69

General Fund Wage Schedule 2007
Merit Step Positions
Salaried Positions -----------------------------Step -----------------------------------
1 2 3 4 5

Code Enforcement 24,969 25,718 26,490 27,285 28,104
Director of Finance 19,881 20,477 21,091 21,724 22,376
Assessor 14,971 15,420 15,883 16,359 16,850
Budget Officer 3,361 3,462 3,566 3,673 3,783
Fire Marshal 5,793 5,967 6,146 6,330 6,520
Historian 2,928 3,016 3,106 3,199 3,295
Dog Control 3,591 3,699 3,810 3,924 4,042
Asst Dog Control 181 186 192 198 204
Maint Man -Town Hall 4,614 4,752 4,895 5,042 5,193
Emergency Disaster Officer 896 923 951 980 1,009

Highway Department Wage Schedule 2007
Merit Step Positions
----------------------------------------Step ------------------------------------------------------
1 2 3 4 5 6 7

Foreman 23.23 23.93 24.65 25.39 26.15 26.93 27.74
Dep. Hi. Super 1167 1202 1238 1275 1313 1352 1393
Heavy Equip Operator 18.26 18.81 19.37 19.95 20.55 21.17 21.81
Mechanical Equip Operator 1 17.21 17.73 18.26 18.81 19.37 19.95 20.55
Mechanical Equip Operator 2 16.71 17.21 17.73 18.26 18.81 19.37 19.95
Laborer 11.12 11.45 11.79 12.14 12.50 12.88 13.27
Clerk 11.09 11.42 11.76 12.11 12.47 12.84 13.23
Dispatcher 1 11.12 11.45 11.79 12.14 12.50 12.88 13.27
Dispatcher 2 9.67 9.96 10.26 10.57 10.89 11.22 11.56
Dispatcher 3 9.39 9.67 9.96 10.26 10.57 10.89 11.22

The following salaries for library personnel have been approved by the Rush Public Library Board of Trustees:

Library Wage Schedule 2007
Merit Step Positions
----------------------------Step ---------------------------------------
A B C D E

Library Director 30,543 31,458 32,402 33,374 34,375
Senior Library Clerk 10.57 10.89 11.21 11.55 11.89
Library Cleaner 10.57 10.89 11.21 11.55 11.89
Library Clerk 8.45 8.70 8.95 9.22 9.50
Library Page 7.21 7.43 7.65 7.88 8.12

Election Inspectors

Primary day 100.00
Election day 170.00
Chairperson 25.00
New Inspector training/test 25.00
Three year training/test 25.00
Fall Review school 25.00
Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #56
Councilman Knab moved BE IT RESOLVED that the Highway Department and Highway Superintendent’s time is based on an 8 hour day. Town Hall employee’s time is based on a 7 hour day. All positions classified as part time are based on a 6 hour day. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

RESOLUTION #57
Councilman Knab moved BE IT RESOLVED that the Town Board recognizes the Rush Beautification Committee and acknowledges that the members of this committee are working in a voluntary capacity. Councilwoman Sluberski seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried

Executive Session
Councilman Knab made a motion that the board move into Executive Session for the discussion of a potential contract. Councilman Doupe seconded the motion and the Board was all in agreement.

Time: 7:35 p.m.

The Board returned to regular session at 7:55 p.m. and passed the following resolution:

RESOLUTION #58
Councilman Knab moved that WHEREAS, Rush has heretofore employed a fire marshal on a part time basis and now wishes to enter a contract with the Town of Henrietta to provide the services of a fire marshal as a means of reducing costs and increasing operating efficiency, and
WHEREAS, Henrietta has considered and agreed to provide said services in furtherance of Intermunicipal cooperation.
NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the parties hereby agree as follows:

1. The fire marshal of the Town of Henrietta and/or his deputies and/or assistants will provide in general, the following services for the Town of Rush:
- Enforce New York State Uniform Fire Prevention and Building code. Be familiar with and apply when necessary the rules and amendments of the National Fire Protection Association (NFPA) and the Civil Defense, including disaster procedure of the Town.
-Act in place of the building and Code Compliance Inspection when he/she is not available.
- Review and comment when requested on Planning Board applications.
- Conduct periodic inspections as required by Fire Prevention Code.

2. Rush will reimburse the Town of Henrietta the sum of Six Thousand, Five Hundred Dollars ($6,500.00) annually for said services, to be paid in advance, on a quarterly basis, commencing January 1, 2007.

3. the Town of Rush shall hold harmless, indemnify and defend the Town of Henrietta from and against all claims, demands, actions, proceedings, damages, liabilities, costs and expenses arising from any injuries to person and /or property resulting from any service and/or actions performed pursuant to this Agreement.

4. This Agreement shall continue in full force and effect for one year, commencing January 1, 2007 and ending December 31, 2007, unless otherwise modified or changed by agreement.

However, this Agreement may be canceled, without cause, by either party, upon thirty (30) days written notice to the other and any monies paid hereunder shall be pro rated to the date of cancellation.
Councilman Doupe seconded the motion.
Roll: Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski nay
Supervisor Udicious aye carried

The meeting was declared adjourned by common consent of all board members.

Time: 8:00 p.m.

Respectfully submitted,

Linda G. Henry
Town Clerk

Posted by gmadore at 2:41 PM

December 15, 2006

Rush Town Board Minutes - 2006/12/13

Download full PDF of these notes.

December 13, 2006

A regular meeting of the Rush Town Board was held on Wednesday, December 13, 2006 at the Rush Town Offices, 5977
East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent:
Councilman Luther Keyes, Excused work

Others:
Michael Howard, Attorney for the Town of Rush
Steven King, Highway Superintendent
Gerald Kusse, Code Enforcement
Charles Rinere, Fire Marshal
Patricia Stephens, Recreation Supervisor
Dr. Richard Kreipe, Chief Adolescent Medicine
Mary Sue Jack, Thunderidge Drive
Fredric Calev, 2516 Rush Mendon Road
Emanuele Dambrosio, 369 Kavanaugh Road
Amy Ackerson, 330 Kavanaugh Road
Scott/Diane Strock, 195 Works Road
Dan Wright, 174 Works Road
Ron/Faye Clark, 161 Works Road
David Vanable, 171 Works Road
Mr. & Mrs. Jesse Cook, 335 Kavanaugh Road
Mr. & Mrs. James Gumer
Mr. John Streeter
Mr. Glenn Thornton

I Open Forum

Fredric Calev, 2516 Rush Mendon Road, presented the Board with photos that he had taken of the linear trail in back of his property and the property at 2500 Rush Mendon Road. He felt that the trench was created by the equipment at 2500 Rush Mendon that crossed the trail to get to the property north of the trail. He stated that the tax payer paid for trail was being destroyed by this equipment. He also stated that he felt that others were thinking that they could operate businesses in residential area as long as they were small. He listed deer processing and antique sales as examples.

II Minutes, November 8, 2006

RESOLUTION #173
Supervisor Udicious moved that the minutes of the regular meeting of November 8, 2006 be approved as presented. Councilman Knab seconded the motion.

Roll:
Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udiciousaye carried.

III Transfer of Funds and Approval of Abstract

RESOLUTION #174
Councilman Doupe made a motion that the following transfers of funds be made:

1. $2,600.00 from DA-5140.4 Misc. Brush/Weeds, Contractual to DA-5130.4 Machinery, Contractual
2. 190.00 from DA-5112.4 Road Construction, Contractual to DA-5130.4 Machinery, Contractual
3. $1,000.00 from DA-5142.4 town Snow Removal, Contractual to DA-5130.4 Machinery Contractual
4. $2,800.00 DA-5148.4 service to Other Govts. Contractual to DA-5130.4 Machinery Contractual To cover fuel purchase and truck repairs
5. $1,000.00 from DA-9010.8 Employee Benefits, Retirement to DA-5110.1 Maintenance of Roads, Pers. Serv.
6. $1,500.00 from DA-9010.8 Employee Benefits, Retirement to DA-5110.4 Maint. Of Roads, Contractual To cover repair to Chapman Road
7. $440.00 from A1410.4 Clerk, Contractual to A-1450.4 Elections, Contractual To cover increased election stipends.
And appropriation of unreserved fund balance:
8. $771.16 from SD-599, Drainage Dist. Fund Balance to SD- 8540.4 Drainage Dist. Contractual to cover final Town hall ditch costs. Councilman Knab seconded the motion.

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

RESOLUTION #175
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 $25,391.00 be allowed for vouchers #1106 through #1169. Councilwoman Sluberski seconded the motion.

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

RESOLUTION #176
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 $228,830.41 be allowed for vouchers #1170 through #1232. Councilwoman Lisa Sluberski seconded the motion.

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

IV Correspondence

Supervisor Udicious stated that the town had been awarded a $33,800.00 grant from New York State Quality Communities to study the development of the dam and the surrounding area on Honeoye Creek. Larsen Engineers is working on the project and a committee of town’s people will be formed to develop recommendations on this project. With the change in administration Albany there has been a delay in awarding the funds but it is hoped that by spring some forward progress can be made.

V Reports of Offices and Committees

1. Town Board – Councilwoman Sluberski stated that she had attended a Planning/Zoning state training session and stated that yearly training for planning and zoning boards will now be a requirement by the State beginning on January 1, 2007.

2. Supervisor – Supervisor Udicious reported that the residential tenant at 1911 Rush Scottsville remains and that the lower office area has been rented to CP Ward as they have won the contract to replace the bridge on Route 15. The Ward lease will be through August 2007 with a possibility of several months more. This will allow the town time to decide the future of that building and collect #1100.00 per month in rent.

The problem with the lights in the parking lot is being addressed by an electrical next week.

PUBLIC HEARING

PROPOSED WORKS/KAVANAUGH ROADS WATERLINE EXTENSION

The hearing was declared open.

Town Clerk Henry certified that the proper legal notice was posted in the two legal newspapers and on the town bulletin board as required by law and that copies of the notice had been sent to all the property owners in the area to be benefited.

Supervisor Udicious stated that as a result of the first public hearing on the proposed waterline extension a number of questions had been raised. Those questions were passed to Mr. Streeter and his engineer and their replies sent to each of the property owners in the proposed district. However, since that time, additional information has been received by the applicant on the cost of this project which has changes substantially. Supervisor Udicious further explained that the petition originally submitted projected a cost of $250,00.00. Because that cost is substantially greater, on advice of council, it will be necessary to submit a new petition and start the process anew. Mr. Streeter explained the original cost figures had been compiled with the plan for a summer 2006 construction. Since that time there has been a major increase in steel prices and the Engineer for the Town in his review of the proposal had picked up on this increase.

Mr. Thornton explained the two different district proposals and gave the new costs of construction and the related debt service costs per house hold. The district for Kavanaugh and upper Works Road would involve 6 property owners and with the proposed subdivision eventually total 17 properties.

The original district would include 15 existing homes and with the proposed subdivision eventually would include 28 parcels to share the cost. The cost of the district has risen from the proposed $250,000 to $315,000. The debt service cost per year for 38 years would now be $757.78 and it is anticipated that other costs would remain as originally proposed.

After some further discussion, Supervisor Udicious stressed that a new petition would be needed and that another public hearing would have to be held.

Mr. Vanable asked if the new figures still included the hand digging to help preserve the large trees. Mr. Thornton said yes.

Asked if a new petition was needed, Supervisor Udicious stated that was a decision for Mr. Streeter. He also explained that the petition must have the signatures of property owners representing more than 50 percent of the assessed valuation of the proposed district.

RESOLUTION #177
Supervisor Udicious moved that the public hearing be closed. Councilman Knab seconded the motion.

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

VII New Business

1. Dr. Kreipe – Youth Services – Dr. Richard Kreipe, Chief of the Division of Adolescent Medicine at Golisano Children’s Hospital at Strong, expressed his feelings on youth development and the needs for services to all youth, not just those with problems. Dr. Kreipe was proposed that the town proposed more programs for youth development that particularly featured youth and adults interacting together. He also suggested the need for a safe place for young people to hang out and gather for various activities.

He felt a multi purpose building should be considered again as it could serve all the age groups within the town. Supervisor Udicious showed Dr. Kreipe the sketch plan proposed for the development of the land behind the town hall and the property at 1911 Rush Scottsville Road. He explained that the town has an architect that would price out all the features shown on the plan and it was hoped
that a number of them could be developed in the next year. He also stated that the town had received a promise from our state legislature of $250.000 for the construction of a community facility.

2. All Seasons Agreement –

RESOLUTION #178
Councilman Knab moved that the Town Supervisor be authorized to sign the Agreement with the Monroe County Department of Transportation for the All Seasons County/Town Work Agreement for 2007. Councilman Doupe seconded the motion. Councilman Doupe seconded the motion.

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

3. Unity Agency as Insurance Agent –

RESOLUTION #179
Supervisor Udicious moved that the Supervisor be authorized to sign a contract with the Cedarwood Insurance Partners to provide insurance coverage for the Town of Rush for the year 2007 for a cost not to exceed $65,000.00. Councilman Knab seconded the motion.

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

4. Telephone Road Extension –

RESOLUTION #181
Councilman Doupe moved that the Highway Superintendent be authorized to plow the roadway known as the Telephone Road Extension during this winter season due to the developers intention to dedicate the road to the Town of Rush and that the town engineer and Highway Superintendent have determine the road is built to town specifications. Councilwoman Sluberski seconded the motion.

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

5. County Shared Services –
Highway Superintendent explained the advantages of this shared services agreement in terms of equipment purchases by the County that will make that equipment available for town use when needed. He felt it was a win win situation at not cost to the town.

RESOLUTION #182
Supervisor Udicious moved WHEREAS , THE County of Monroe, the town of Rush and other towns in Monroe County are eligible to receive grant funding under the New York State Department of State’s Shared Municipal Services Incentive Grant Program which provided funds to undertake projects or purchase equipment that encourages inter-municipal cooperation and

WHEREAS, Monroe County and towns within the County have identified specific pieces of equipment at a cost of $300,000.00 that could be shared by, and provide benefits to, each municipality, and

WHEREAS, the Shared Municipal services Incentive Grant Program will fund 90% of the purchase price of the equipment, if the remaining 10% balance is provided by local municipalities, and

WHEREAS, the County of Monroe has agreed to be the lead applicant for the grant application and to provide the entire 10% of the local funding requirement for the new equipment, and

WHEREAS, should grant funding be secured for this purchase, the County has also agreed to store and perform all maintenance on the new equipment.

THEREFORE, BE IT RESOLVED, that the Town of Rush shall be co-applicant with the County of Monroe and other Monroe County towns on an application for a Shared Municipal Services Incentive Grant from the State of New York. Councilman Knab seconded the motion.

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

6. Resignation –
Supervisor Udicious read a letter from Councilman Luther Keyes submitting his resignation from the Rush Town Board, effective December 31, 2006, due to his work which keeps him out of the area a majority of the time. The Board accepted the resignation with regret.

7. Audit of Court Books – Supervisor Udicious read a letter from the Rush Court requesting an audit of their books for the year. Councilmen Doupe and Knab volunteered to perform the audit.

VIII Old Business

1. Site Plan for town hall lands – After review and discussion of the architect’s concept of the development of the property adjacent to the town hall and the property at 1911 Rush Scottsville Road, the Supervisor asked for an acceptance of the concept in order that the architect can price out the cost of the various elements. This will allow for planning what work can be performed in the spring and determine what existing funds will cover. Councilwoman Sluberski offered a sketch of an alteration of the plan she felt was more effective.

RESOLUTION #183
Councilman Doupe moved that the concept plan for the development of the adjacent property and the property at 1911 Rush Scottsville Road be accepted. Councilman Knab seconded the motion.

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

Councilman Knab moved that the meeting be adjourned.

Councilman Doupe seconded the motion and the Board was all in agreement.

Time: 8:10 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 7:08 PM

November 30, 2006

Rush Town Board Minutes - 2006/11/27

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November 27, 2006

A Special Meeting of the Rush Town Board was held on Monday, November 27, 2006 at 6:30 p.m. in the Rush Town
Offices, 5977 East Henrietta Road.

Present:
Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent: Councilman Luther Keyes, excused, work

Supervisor Udicious explained that he had obtained price quotes for two year contracts to provide legal services for the Town of Rush. Harris Beach quoted $44,000.00 per year for 2007 and 2008. Boylan and Brown quoted a charge of $47,000 for 2007 and $48,000 for 2008. After consideration, Supervisor Udicious recommended that the Town of Rush sign a contract with Harris Beach as it will save the town over $7,000. Attorney Frank Pavia will be the principle attorney for the Town. After discussion:

RESOLUTION #172
Councilman Knab moved that the Supervisor be authorized to execute a contract with Harris Beach to provide legal services for the Town of Rush for the years 2007 and 2008. Boylan and Brown is to be notified of the board’s decision by the end of November. Councilman Doupe seconded the motion.

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

Supervisor Udicious showed the board a painting of Honeoye Creek that was donated to the town by the Gordon Johnson family of Riga. Mrs. Johnson was donating the painting, which had hung in their home for years, in memory of her husband.

The meeting was adjourned by common consent.

Time: 6:40 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 6:50 PM

November 10, 2006

Rush Town Board Minutes - 2006/11/08

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November 8, 2006

A regular meeting of the Rush Town Board was held on November 8, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order to 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Luther Keyes
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others:
David Hou, Attorney for the Town of Rush
Gerald Kusse, Code Enforcement
Charles Rinere, Fire Marshal
Brittany Duncan
Danielle Sacheli
Christine Heisinger
Richard Anderson
Fay Clark
Dan Wright
Tony Miller
Sophia Tracey-Gay
Hoyt Brown
Rebecca Lee
Diane Tunney
Pack #217 Webelo I – Rush United Methodist Church
Dwight Schuman
Kassy Kerbs
Sharon Kenyer
Meghan Mattiacio
John Streeter
David Vanable

I Minutes, October 25, 2006

RESOLUTION #166
Councilman Knab moved that the minutes of the regular meeting of October 25, 2006 be approved as presented. Councilwoman Sluberski seconded the motion.

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

II Transfer of Funds and Approval of Abstract

RESOLUTION #167
Councilman Knab move that the following transfers of funds be made:
$2,500 from DA-5142.1, Town Snow Removal, Per. Serv. to DA-5140.1, Misc/Brush/Weeds, Per. Serv.
$1,363.00 from DA-5112.1 Road Construction. Per. Serv. to DA-5140.1 Misc/Brush/Weeds, Pers. Serv.
$2,000.00 from DA-5110.1 Maintenance of Roads, Per. Serv. to DA-5140.1 Misc/Brush/Weeds, Per. Serv.
$2,450.00 from DA-5110.1 Maintenance of Roads Per. Serv. to DA-5140.1 Misc/Brush/weeds, Per. Serv.
$4,725.00 from, DA-5148.1 Serv. to Other Govts., Per. Serv. To DA-5140.1 Misc/Brush/Weeds, Per. Serv.
$1,200.00 from DA-5142.1 Town Snow Removal, Per. Serv. to DA-5140.1 Misc/Brush/Weeds, Per. Serv.
To cover personal days, sick time, holidays and townwide drainage at the town hall.
$4,500.00 from A-7110.4 Parks, Contractual to A-5132.4 Highway Administration
To cover utilities and parking lot repair And make the following appropriation of unreserved funds or unanticipated revenues:
$304.80 from SD-599 Drainage District, Approp. Fund Balance to SD-8540.4 Drainage District, Contractual To cover additional drainage project supplies Councilman Keyes seconded the motion.

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

RESOLUTION #168
Councilman Doupe 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 $12,052.10 be allowed for vouchers #1056 through #1105. Councilman Knab seconded the motion.

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

III Correspondence

1. Riga Supervisor Pamela Moore re donation of a painting of the Rush dam by an elderly Riga artist.

IV Reports of Officers and Committees

1. Town Board – Councilman Keyes suggested that with winter coming soon that a piece be placed in the town Newsletter on driveway clearing and that plowing snow across the highway is illegal and dangerous. Councilman Doupe stated that he is still looking for feedback on the draft revision of the sign ordinance. Councilwoman Sluberski asked if the board was prepared to discuss the program requests from the Recreation Supervisor for 2007. The Board agreed to make a decision at the next board meeting after they had reviewed the memo from Mrs. Stephens.

2. Code Enforcement – Mr. Kusse stated that he will be meeting with State Official William Richardsen on Section 1203 upgrade which takes effect in January 2007. He also stated that progress at 55-75 Honeoye Falls Five Points Road, although slow, is continuing.

3. Supervisor – Supervisor Udicious reminded the Board that they had a copy of the proposed site plan for the development of the adjacent property. He stated that at the next board meeting the board should be prepared to make a prioritized list of items for development so that work can begin in the spring.

V Old Business

1. Update on Kavanaugh/Works Road waterline proposal – Supervisor Udicious stated that after the first hearing a letter was sent to the developer with questions and concerns of the Board and area residents. A reply with additional information has been received. The next step is to schedule a new public hearing to discuss the matter further. Area residents effected by the waterline will be sent notification of the new hearing and any additional information received from the applicant.

RESOLUTION #169
Councilman Knab moved that:

WHEREAS, on July 27, 2006, the Town Board of the Town of Rush (the “Town Board”) received a petition seeking to extend and establish the Works Road and Kavanaugh Road Water District, as prepared by Thornton Engineering, LLP on behalf of John Streeter, owner of 330 Kavanaugh Road, and signed by resident owners owning taxable real property aggregating at least one-half of the assessed valuation of all of the taxable real property of the proposed Works Road and Kavanaugh Road Water District; and

WHEREAS, on July 27, 2006, the Thornton Engineers, LLP duly filed with the Office of the Town Clerk of the Town of Rush a plan, report and map showing the boundaries of the proposed extended district, the water main to be installed, existing water mains, and a connecting point with the public water system located in the Town of Rush; and

WHEREAS, the boundaries of the proposed benefited area are set forth as follows: DESCRIPTION OF THE TOWN OF RUSH WORKS ROAD AND KAVANAUGH ROAD WATER DISTRICT 2006

Beginning at a point in the centerline of Works Road at its intersection with the extension easterly of the north line of Tax Parcel No. 220.04-1-2.1, said line being the south line of the existing Phelps Road Water District; thence,

1) Southerly, along the centerline of Works Road, a distance of 928 feet, more or less, to a point of its intersection with the extension westerly of the north line of Tax Parcel No. 200.04-1-3.2; thence,

2) Easterly, along the north line of said parcel, a distance of 233 feet, more or less, to a point being the northeast corner of said parcel; thence,

3) Southerly, along the east line of said parcel, a distance of 441 feet, more or less, to a point of its intersection with the north line of Tax Parcel No. 220.04-1-22; thence,

4) Easterly, along the north line of said parcel, a distance of 633.84 feet, more or less, to a point being the northeast corner of said parcel; thence,

5) Southerly, along the east line of said parcel, the east line of Tax Parcel No. 220.04-1-20, the east line of Tax Parcel No. 220.04-1-19, the east line of Tax Parcel No. 220.04-1-12.14, the east line of Tax Parcel No. 220.04-1-17, and the east line of Tax Parcel No. 220.04-1-15.1, a distance of 2,570 feet, more or less, to a point in the centerline of Honeoye Falls Five Points Road; thence,

6) Westerly, along the centerline of Honeoye Falls Five Points Road, a distance of 290 feet, more or less, to a point of its intersection with the extension southerly of the west line of Tax Parcel No. 220.04-1- 15.1; thence,

7) Northerly, along the west line and extensions southerly and northerly of said parcel, a distance of 533 feet, more or less, to a point in the centerline of Works Road; thence,

8) Northerly, along the west line and extension southerly of Tax Parcel No. 220.04-1-26.2, the west line of Tax Parcel No. 220.04-1-26.1, and the west line and extension northerly of Tax Parcel No. 220.04-1-25.2, a distance of 2,444 feet, more or less, to a point in the centerline of Kavanaugh Road; thence,

9) Northerly, along the west line and extension southerly of Tax Parcel No. 220.04-1-2.2 and the west line of Tax Parcel No. 220.04-1-2.1, a distance of 1,888 feet, more or less, to a point being the northwest corner of said parcel; thence,

10) Easterly, along the north line of said parcel, a distance of 141.65 feet, more or less, to a point being an angle point in said north line; thence,

11) Northerly, along said north line, a distance of 805.72 feet, more or less, to a point being an angle point in said north line; thence,

12) Easterly, along said north line, a distance of 1,310.10 feet, more or less, to a point being the northeast corner of said Tax Parcel No. 220.04-1-2.1; thence,

13) Southerly, along the east line of said parcel, said line also being the west line of the existing
Phelps Road Water District, a distance of 1,383.09 feet, more or less, to a point being an angle point in the east line of said parcel; thence,

14) Easterly along the east line and extension easterly of said parcel, said line also being the south line of the existing Phelps Road Water District, a distance of 1,751.64 feet, more or less, to the Point of Beginning.

WHEREAS, the improvements proposed are as follows: the Works Road and Kavanaugh Road Water District will provide public water to an additional 21 properties (15 homes); the full 5,600-linear-foot surface area length is currently zoned R-30 residential, requiring a minimum 150-linear-foot lot width and 30,000-square-foot minimum lot size. The proposed water district will be supplied from an 8-inch- diameter water main situated along the north side of Phelps Road; the existing Phelps Road water main is supplied from a water tank located on Middle Road at the Henrietta-Rush town line. It is proposed to connect to the existing 8- inch-diameter main with a new 8-inch-diameter main that will extend 3,700 linear feet southerly along the west side of Works Road to the National Grid right-of-way (also known as the Peanut Trail). The 8-inch-diameter main will also extend 1,900 linear feet westerly from Works Road along the north side of Kavanaugh Road. Fire hydrants will be provided at approximately 500-foot intervals. The project does not require acquisition of any land since all system improvements can be installed within the right-of-way of each road. The Monroe County Water Authority factors indicate that the existing 8-inch diameter main at the intersection of Phelps Road and Works Road has a static pressure of 95 psi and a residual pressure of 58 psi at 1,000 gpm flow; a hydraulic analysis of the proposed water district indicates that static pressures of 90-95 psi can be expected during peak day demands. The I.S.O. required fire flow is 750 gpm based upon the minimum distance between homes permitted under the Town of Rush zoning requirements. The area zoned R-30 requires a minimum side setback of 25 feet and a minimum distance of 50 feet between homes. The anticipated fire flow can be provided with the residual pressure of 22.83 psi; and
WHEREAS, the maximum amount proposed to be expended for such proposed improvements is Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00); and

WHEREAS, the proposed method of apportioning the costs of such proposed improvements shall be by assessment of the Town Board of the Town of Rush in proportion as nearly as may be to the benefit which each occupied unit or residence within the proposed Works Road and Kavanaugh Road Water District will derive there from, it being anticipated that each occupied unit or residence would equally benefit and, therefore, would be charged on a unit basis for such costs.

WHEREAS, the proposed method to be employed for financing the costs of such improvements shall be the issuance by the Town of Rush New York of its general obligation indebtedness pursuant to the Local Finance Law of the State of New York, chargeable in the first instance against the properties located within the proposed Works Road and Kavanaugh Road Water District; and

WHEREAS, the proposed method to be employed for financing the costs of such improvements shall be the issuance by the Town of Rush New York of its general obligation indebtedness pursuant to the Local Finance Law of the State of New York, chargeable in the first instance against the properties located within the proposed Works Road and Kavanaugh Road Water District; and The estimated first year cost to the typical benefited property will include the annual debt service assessment of ($601.41 to each property per year based on a 38 year term at 6% interest rate), the added cost of Monroe County Water Authority one time hook up fee of approximately $1,790 and an estimated annual water use charge of $284.00 that will result in a first year cost of $2,675.41 to the typical benefited property. Each benefited property is also responsible for the water service connection fro the street line to the house which is estimated to cost fro, $5.00 to $10.00 per linear foot.

WHEREAS, a map, plan and report describing such improvements are on file in the Office of the Town Clerk of the Town of Rush, New York, Rush Town Hall, 5977 East Henrietta Road, Rush, New York 14543 for public inspection, it is

ORDERED that the Town Board of the Town of Rush, New York, shall meet at the Rush Town Hall, 5977 East Henrietta Road, Rush, New York 14543, on the 13th day of December, 2006 at 7:15 o’clock p.m., for the purpose of conducting a public hearing on the proposal to provide such water
improvements, at which time and place all persons interested in the subject thereof may be heard concerning the same; and it is further

ORDERED that, subsequent to the adoption of this Order, the Town Board shall file with the Town Clerk a detailed explanation of how the estimated costs of hook-up fees, if any, and the cost of the extension to the typical property, were computed; and it is further

ORDERED that the Town Clerk of the Town of Rush, New York, is hereby authorized and directed to publish a copy of this Order in the Henrietta Post, the official newspaper of the Town, and to post a copy of the same on the sign board of the Town of Rush, in the time and the manner required by law. Councilman Keyes seconded the motion.

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

2. 1911 Rush Scottsville Road insurance – Supervisor Udicious explained that he had contact our insurance carrier to try to obtain a better rate by increasing the deductible on the property at 1911 Rush Scottsville Road. The decrease in cost was very minor and since the Board had authorized his obtaining insurance at a cost not to exceed the original quote, the policy has been obtained for one year at a cost of $1,326.89. Councilman Knab stated that he had also contacted two other insurance agencies and has not been able to obtain a competitive price.

3. Surveillance camera system – Supervisor Udicious stated that he was awaiting the return of the signed contract from Day Automation. The Board will then re-review the contract and determine the locations for the cameras.

4. Court room modifications – A local carpenter has reviewed the court room and will be submitting a quote for the jury box, railing and holding cell.

VI New Business

1. 2007 Budget –

RESOLUTION #170
Supervisor moved that the Preliminary Budget presented at the public hearing on October 11, 2006 be adopted as the Official Budget for the Town of Rush for 2007. Councilman Doupe seconded the motion.

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

2. Spending Limit for Supervisor - The Board discussed raising the spending limit for the Supervisor without pre- approval by the Town Board. Councilman Knab felt that the cost of such repair items as HVAC parts justified the higher limit. The current limit of $1,000 was felt to be inadequate for even the purchase of the insurance recently obtained for 1911 Rush Scottsville. He suggested a limit of $2,500.00. Councilwoman Sluberski stated that she would consider $2,000.00 adequate.

It was stated that there are checks on this policy through the budget and approval of the abstract.

RESOLUTION #171
Councilman Knab moved that the spending limit for the purchases made without town board approval by the Supervisor be raised to $2,500.00 for the operation of the town. Councilman Doupe seconded the motion.

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

3. Update on the POD (Point of Dispensing) –
Supervisor Udicious explained for the audience what this program meant to achieve. In case of an emergency Monroe County wishes to be able to dispense drugs or immunizations within 24 hours for the whole county. The county is divided into zones and a point of distribution will be chosen for each zone. Each town must identify people within the town who will be responsible for coordinating this program. The current disaster coordinator in the town is the fire marshal, Charles Rinere. At this time it appears that Honeoye Falls Lima High School will be the site for the zone which contains Rush, Mendon and Honeoye
Falls. More information on this program will be available as the coordination of the program continues. Councilman Knab compared this program to the civil defense preparations that were put in place during the 50’s, 60’s and 70’s.

Adjournment

Councilman Knab made a motion that the meeting be adjourned. Councilman Doupe seconded the motion and the board was all in agreement.

Time: 7:40 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 6:35 PM

October 15, 2006

Rush Town Board Minutes - 2006/10/11

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October 11, 2006

A regular meeting of the Rush Town Board was held on Wednesday, October 11, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Luther Keyes
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others:
Michael Howard, Esq. Boylan and Brown
Gerald Kusse, Code Enforcement
Charles Rinere, Fire Marshal
Donald Eichenauer, 35 Sylvan Knoll
Jon Volpe, 33 Boulder Creek Drive

I Minutes – September 27, 2006

RESOLUTION #152
Supervisor Udicious moved that the minutes of the regular meeting of September 27, 2006 be approved as presented. Councilman Knab seconded the motion.

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

II Transfer of Funds and Approval of Abstract

RESOLUTION #153
Councilwoman Sluberski moved that the following transfers of funds be made:
$3,000 from DA-5110.4 Maint. Of Roads, Contractual to DA-5130.4 Machinery, Contractual - To pay for fuel delivery
$10,000.00 from DA-5148.1 Serv. to Other Govts., Per. Serv. to DA-5140.1 Misc./Brush/Weeds, Per. Serv. – to coverage town wide drainage labor at town hall
$100.00 from A-5010.2 Highway Admin. Capital outlay to A-5010.4 Highway Admin. Contractual – to reflect a rebate on equipment
$20.00 from A-5010.1 Highway Admin. Per. Serv. to A-5010.4 Highway Admin. Contractual – to cover monitor cost Councilman Doupe seconded the motion.

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

RESOLUTION #154
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 $34,017.37 be allowed for vouchers #963 through #1011. Councilman Keyes seconded the motion.

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

III Correspondence
1. E Mail from Karen Paris Tuori, Monroe County re letter of intent for storm water coalition grant opportunity Supervisor Udicious stated that the town has been requested to support the Storm water Coalition pursuing a grant from the NYSDEC for compliance with Phase II regulations. He further stated that he wished to offer cooperation to the Coalition, although we are not required to be a member, as it will be at no cost to the town. The Board was in agreement.

2. Draft letter requesting a retainer quote from legal firms for the year or two years

RESOLUTION #155
Councilman Knab moved that the Supervisor be authorized to solicit quotes from three legal firms to supply legal services to the Town of Rush for 2007 and/or 2007/2008. Councilman Doupe seconded the motion.

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

IV Reports of Officers and Committees

1. Town Board – Councilman Doupe reported on the Library Board of Trustees meeting. The Friends of the Library group is being revived and they will take over some of the fund raising tasks for the library including the wine tasting event.

He also reported that the Board is reviewing benefits for the library staff and is considering changes to those benefits. Aware that the town policy is under review, they have tabled the matter until next year. Councilman Knab agreed that the two entities should offer parallel benefits.

Councilwoman Sluberski stated that the Planning Board meeting for this month has been cancelled since there were no applications to review.

Supervisor – Supervisor Udicious explained that the lease for the apartment tenant at 1911 Rush Scottsville will expire at the end of this month. He has spoken with the gentleman and he is interested in continuing to rent on a month to month basis. Supervisor Udicious stated that he promised the tenant that he would have a 60 day notice when he had to relocate.

Also, Majed El Rayess will be making an assessment of the building at 1911 Rush Scottsville Road to determine its condition and the cost of bringing the building up to code for municipal use. When that information is available the board will need to make a decision what the next step will be.

After discussion:

RESOLUTION #156
Councilman Knab moved that the Supervisor be authorized to lease the building at 1911 Rush Scottsville Road on a short term basis with the leases to be terminated with 60 days notice. Leases are to be reviewed by the Attorney for the Town. Councilman Doupe seconded the motion.

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

Supervisor Udicious stated that he had contacted Cashette Electric, unsuccessfully, to correct a corrosion problem with the electric installation in the electrical room. Councilman Knab suggested that the concerns and request for correction be put in a letter to Cashette.

V Old Business

1. Day Automation Contract – surveillance cameras

RESOLUTION #157
Supervisor Udicious moved that the Town of Rush sign a contract with Day Automation Systems Inc. to install 16 surveillance cameras and video system on the exterior and interior of the Rush Town Hall and Library for a cost not to exceed $19,000.00 as described in their proposal dated June 19, 2006. Councilman Knab seconded the motion.

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

2. Water Line Extension Works and Kavanaugh Roads – Supervisor Udicious stated that the town is awaiting a response from Mr. Streeter and his engineer with the additional information requested by the board prior to their making a decision whether to continue with the waterline extension requested.

3. Dorschel rezoning request – After a meeting with the Town’s Attorneys it was determined that a site plan will be requested from Mr. Dorschel’s engineers to be used by the Town Board and Planning Boards in their review of this project and used in making a SEQRA determination. A traffic impact study may also be needed as part of the review. A letter will be drafted by Attorney Howard on this matter.

4. Sidewalks – The installation of the sidewalks in the area of the playground have been completed with backfill work only yet to be done.

5. NIMS –

RESOLUTION #158
Councilman Doupe made a motion that

WHEREAS, in Homeland Security Presidential Directive (HSPD)-5, the President directed the Secretary of the
Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, side or complexity; and

WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and

WHEREAS, it is necessary that all federal, state, local and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and

WHEREAS, to facilitate the most efficient and effective incident management is critical that federal, state, local and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualification standards, uniform standards for planning, training and exercising, comprehensive resource management and designated incident facilities during emergencies or disasters; and

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state’s ability to utilize federal funding to enhance local and state agency readiness maintain first responder safety and streamline incident management processes; and

WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs; and

WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System. NOW THEREFORE, pursuant to the authority vested in the rush Town Board, we do hereby mandate the National Incident
Management System be utilized heretofore in all incident management in the Town of Rush. Councilman Keyes seconded the motion.

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

VII Open Forum

Jon Volpe of 33 Boulder Creek Drive, asked about the surveillance system that the town had purchased. Councilman Knab explained that the system will monitor building use in public areas when there is minimal staffing and also record any vandalism that might occur on the outside of the building.

Executive Session

Councilman Knab made a motion that the Board move into

Executive Session to discuss on going litigation and the sale of property. Councilman Doupe seconded the motion.

The Board was all in agreement.

Time: 7:35 p.m.

The Board returned to regular session and adjourned by common consent.

Time: 7:55 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 6:17 PM

September 30, 2006

Rush Town Board Minutes - 2006/09/27

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September 27, 2006

A regular meeting of the Rush Town Board was held on September 27, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent:
Councilman Luther Keyes, excused work

Others:
Michael Howard, Boylan and Brown
Gerald Kusse, Code Enforcement
Rufus Falk, Assessor
Mike Costanza, Henrietta Post
Russell Barber, Day Automation
John Funkhauser, 8 Rush Hills Drive

I Minutes September 13, 2006

RESOLUTION #146

Councilman Knab moved that the minutes of the regular meeting of September 13, 2006 be approved as presented.
Councilwoman Sluberski seconded the motion.

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

II Transfers of Funds and Approval of Abstract

RESOLUTION #147
Councilman Doupe moved that the following transfers of
funds be made:
$72.00 from A-7020.1 Recreation, Personal Services to A-6772.4 Seniors, Contractual – overage on senior trips
$32.00 from L-9060.8 Library, Health Ins. to L-9040.8 Library, Workers Comp. – overage and the appropriation of unreserved fund balance or unanticipated revenues:
$439.19 from SD-599 Drainage District, approp. Fund balance to SD-8540.4 Drainage District, Contractual – stone
purchase
Councilman Knab seconded the motion.

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

RESOLUTION #148
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 $46,488.78 be allowed for vouchers #904 through #962. Councilman Doupe seconded the motion.

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

III Correspondence

1. Monroe County Department of Health and Public Safety – preparedness workshop on POD (Point of Dispensing Operations) for dispensing of medication countywide in event of an emergency. Councilwoman Sluberski and Supervisor Udicious will attend the meeting at Monroe Community Hospital on October 26th...

IV Reports of Officers and Committees

1. Town Board – Councilman Knab will have quotes for the gutter work to be done by the next meeting. Councilman Doupe reported that he has spoken with Fred Ryan of Monroe County Emergency Preparedness on the NEIMS plan. He also stated that he has a meeting scheduled with Chairman Van Lare of the ZBA to discuss some changes to the proposed sign ordinance.

Councilwoman Sluberski reported on the decision by the Planning Board on the operation at 2500 Rush Mendon Road.
2. Supervisor - Supervisor Udicious mentioned that the board needs to review the EAF submitted by Rush Associates LLC for their rezoning request in order to make a decision on the environmental impact of the request so that the review can go forward.

A draft of a letter to John Streeter on his waterline request and draft of a letter soliciting proposals for a retainer to provide legal services to the town were given to the Board for their review.

Supervisor Udicious reported that the meeting with Bill Richardsen of the State Codes Office has had to be cancelled. The cost of implementing the new regulations may effect the 2007 budget and Councilman Knab asked Mr. Kusse if he could provide some figures on anticipated costs that could be used for budgeting purposes.

V Presentation by Day Automation

Russell Barber, Day Automation, made a presentation on the equipment and processes that were being proposed for the Town of Rush town hall security system. 16 cameras will cover selected exterior, interior and library areas. Monitoring of the system and the uses that tapes may play in any legal actions was explained.

He reviewed the workings of the system and the possibilities of upgrading in the future. A written proposal was provided to each board member and Supervisor Udicious stated that the board should be prepared to make a decision on the matter at the next meeting.

VI New Business

1. Annual Reassessment Contractor –
Assessor Falk explained that he wished to hire Mike Spiegel to prepare an analysis report that needed to be filed annually with the state on the update. It has been done in the past by several other contractors that have been hired by the town since Mr. Falk does not have the time to prepare the report properly. He also stated that Mr. Spiegel had more skill with this type of report and even taught a class on the preparation of that report. Mr. Falk stated that he also was going to be assisted by Mr. Spiegel in making a better definition in neighborhoods as this is also an area where Mr. Spiegel has more expertise.

The cost of hiring Mr. Spiegel would be approximately $1200 and the work could be done within 45 days. A contract is to be drafted and submitted to the Supervisor and Attorney for the Town and upon approval to be signed by the Supervisor.

RESOLUTION #149
Councilman Knab moved that upon the review and approval of the Attorney for the Town and the Town Supervisor of the contract provided, the Supervisor is authorized to sign a contract with Michael Spiegel to perform services for the Rush Town Assessor in preparing the analysis report required by New York State. Councilman Doupe seconded the motion.

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

2. Public Hearing on 2007 Budget –

RESOLUTION #150
Supervisor Udicious moved that the public hearing on the preliminary budget for the Town of Rush for 2007 be held at 7:15 p.m. on October 25th 2006 at the Rush Town Offices, 5977 East Henrietta Road. Councilman Doupe seconded the motion.

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

3. Sidewalk contract –

RESOLUTION #151
Councilman Knab moved that the Supervisor be authorized to sign a contract with Campobello Construction Co. Inc. for an amount not to exceed $16,000.00 for the installation of sidewalks and curbing as described in the estimate submitted and dated September 20, 2006. Councilman Doupe seconded the motion.

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

Executive Session

Councilman Knab made a motion that the Town Board move into Executive Session to discuss pending litigation.

Councilman seconded the motion and the board was all in agreement.

Time 7:45 p.m.

The Board returned to regular session and adjourned by common consent.

Time: 8:30 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 5:53 PM

September 15, 2006

Rush Town Board Minutes - 2006/09/13

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September 13. 2006

A regular meeting of the Rush Town Board was held on Wednesday, September 13, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Deputy Supervisor Donald Knab

Excused:
Councilman Luther Keyes, work
Supervisor William Udicious, vacation

Others:
Frank Pavia, Attorney for the Town of Rush
Gerald Kusse, Code Enforcement
Charles Rinere, Fire Marshal
Donald Reynolds, Budget Officer
Daniel Wright, 174 Works Road
Peter Lana, 353 Kavanaugh Road
Scott Strock, 195 Works Road
Diane Strock, 195 Works Road
Jack Streeter, 330 Kavanaugh Road
Glenn Thornton, Thornton Engineering
Ansgar Schmidt, 172 Works Road
Craig Schneider, 152 Works Road
Emanuele Dambrosio, 369 Kavanaugh Road
Amy Ackerson, 330 Kavanaugh Road
Frank Stephens, 166 Works Road
Marie/Dave Schillinger, 130 Kavanaugh Road
Jesse/Kathryn Cook, 335 Kavanaugh Road
Julie/John Grana, 178 Works Road
Matt/Amy Quilter, 375 Kavanaugh Road
Dave/Trish Vanable, 171 Works Road
Shirley Reiser, 175 Works Road
Mike Tallon, 175 Works Road
Scott Goodman, 30 Stonybrook Road
Winnie Streeter, 330 Kavanaugh Road
Chris Palen, 158 Works Road
Svetlana Lukishova, 172 Works Road

I Open Forum

Fredric Calev, 2516 Rush Mendon Road, stated that he was still waiting for a response to his letter of August 24th requesting the name of the Town of Rush’s insurance company in order to file for damages to his property.
Attorney Pavia stated that the proper procedure was to file a 54H Notice of Claim and that the name of the insurance company was public information and could be obtained at the Town Clerk’s office.

II Approval of Minutes

RESOLUTION #140
Councilman Doupe moved that the minutes of the regular meeting of the Rush Town Board of August 9, 2006 be approved as presented. Councilwoman Sluberski seconded the motion.

Roll:
Councilman Doupe aye
Councilman Sluberski aye
Councilman Knab aye carried.

RESOLUTION #141
Councilman Knab moved that the minutes of the Special Meeting of the Rush Town Board of August 30, 2006 be approved as presented. Councilman Doupe seconded the motion.

Roll:
Councilman Doupe aye
Councilman Sluberski aye
Councilman Knab aye carried.

III Transfer of Funds and Approval of Abstracts

RESOLUTION #142
Councilwoman Sluberski 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 $21,366.29 be allowed for vouchers #796 through #837. Councilman Doupe seconded the motion.

Roll:
Councilman Doupe aye
Councilman Sluberski aye
Councilman Knab aye carried.

RESOLUTION #143
Councilman Doupe move that the follow transfers of funds be made:
$15,000.00 from A-1990.4 Contingency, Contractual to A- 1620.2 Building, Capital Outlay – for security camera project
$4,000.00 from A-1990.4 Contingency, Contractual to A- 1420.4 Law, Contractual – cover legal costs of sales tax issue
$6,500.00 from A-1990.4 Contingency, Contractual to A- 1620.4 Building, Contractual – cover ax bill & HVCA inspections
and the following appropriation of unreserved fund balance or unanticipated revenue:
$10,000 from A-3097 State Aid Capital Projects to increase appropriations to A-1620.2 Building, Capital Outlay – for sidewalks
Councilwoman Sluberski seconded the motion.

Roll:
Councilman Doupe aye
Councilman Sluberski aye
Councilman Knab aye carried.

RESOLUTION #144
Councilman Doupe 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 $32,875.44 be allowed for vouchers #838 through #903. Councilwoman Sluberski seconded the motion.

Roll:
Councilman Doupe aye
Councilman Sluberski aye
Councilman Knab aye carried.

IV Correspondence

1. Letter from Fredric Calev to Planning Board chairman copied to town board members
2. One estimate on sidewalk contraction – awaiting two more estimates.
3. Fire Marshal’s report

V Reports of Officers and Committees

1. Town Board – Councilwoman Sluberski reported that the Recreation Department is working on the fall festival and the hunter’s safety training course has 60 enrollees.

2. Fire Marshal reported on the unauthorized burning of trees and shrubs. An appearance ticket to Rush Justice Court has been issued to David Krenzer.

3. Budget Director – Mr. Reynolds reported on a number of updated items to the preliminary budget due to the meetings with the department heads. He discussed the unexpended balance and stated that a target of 20% should be maintained and that any funds over this target would be used to reduce the amount needed to be raised by taxes. It is hoped that the tax rate for the town can be maintained at the same level as last year.

VI Public Hearing on Proposed Water District Extension for Works and Kavanaugh Roads

Councilman Knab declared the hearing on this matter open and outlined the procedure that would be followed in the hearing.

Glenn Thornton of Thornton Engineering introduced himself and asked Attorney Pavia to explain the steps involved in the process of creating a district extension. Attorney Pavia explained that the petition presented to the Board requesting an extension of the waterline to the Kavanaugh and Works Road area was a request that the Town Board hold a public hearing and obtain the comments from the public to be served by this line extension on the matter and that a record be made of those comments. The petition had the signatures of residents in the area to be serviced along with a district description. An engineering report gave the total costs of the project and a break down of what those costs were per home. A map of the district shows where the line would be located.

Town Law requires that An Order be passed by the Board and a Notice published with information on the district and a public hearing held. After this hearing is completed, the Town Board based on the information presented must determine if the petition was sufficient using the guidelines outlined in Town Law. Are all the property owners benefited included in the proposed district. Will all the properties within the district be benefited. Is it in the public interest to grant this extension whole or in part. A SEQRA determination must be made by the Board and if the Board approves the petition it must be sent to the State Comptroller for a determination if the petition meets the guidelines of law since the Town will be seeking financing for this installation.

He further explained that there is cap on the financing for such an extension that can be passed on to the benefited area residents.

Mr. Thornton stated that the proposed district extension presented would run from Phelps Road to the Peanut Trail on Works Road and west on Kavanaugh Road to the Peanut Trail. The proposed district includes 15 existing houses, 21 parcels with 19 owners, approximately 5400 linear feet. Acceptable pressure can be maintained within the district Mr. Thornton has determined based on the pressure in the Phelps Road waterline.

If the district is approved a survey would be done and further engineering would be needed to determine the exact alignment of the line and hydrant placement. This material submitted is a first glance of project and greater detail would be possible with further engineering. The standards of Monroe County Health and the Monroe County Water Authority need to be met. The estimated construction costs have been provided but Mr. Thornton stated they are difficult due to the escalating prices and labor costs. A price of about $200,000.00 has been determined and would include engineering and bid documents. A contingency, legal and other associated costs would bring the proposed project cost to about $250,000.00 base on 2006 prices. If the project is done in 2007 there is a likelihood that the cost of the project will go up.

Mr. Thornton explained that a second proposal with the Town employees installing the waterline was presented and felt that the cost would be less since it would include materials only, engineering and legal expenses. The Town has not responded to that proposal.

The bonding is being proposed at 38 years at 6% for an annual debt service of cost of approximately $601.41 that would be included on the property owners tax bill. Benefited properties was determined by including the 9 proposed lots in Mr. Streeter’s proposed subdivision and 3 lots in that of Mr. Dambrosio for a total of 28 benefited parcels. Each benefited parcel thereby paying 1/28th of the cost.

The cost from Monroe County Water Authority to hook up to the water line is $1790 and the cost to bring the line from the road to each residence would run between $5 and $10 per foot and vary with the distance of the residence from the road. The estimated average cost of water per year is about $284.00 per year.

Councilman Knab asked Mr. Thornton for the maximum annual fee determined by the State Comptrollers office and the reply was in 2006 threshold limit was $579.00 per year for debt service and water usage. Mr. Thornton stated that he was aware that the limit has been exceeded and will require the approval of the Comptroller.

Audience

Daniel Wright, 174 Works Road, expressed his concern on the lack of detailed figures on the cost of the water line and his feeling that the proposal was not represented accurately and openly to the area residents.

Jean Stevens, 166 Works Road, asked if most of the development is on Kavanaugh Road, then why is the water being run down Works Road? Mr. Thornton stated that he did not have a definite answer but that there has been some interest in public water by some residents on Works Road. Councilman Knab stated that when creating a district it is to the advantage of the district to have as much density as possible of homes or users to reduce the cost per lineal foot.

Asked by Mrs. Stevens if there was an interview of all the residents in the area to determine if they had an interest in water, the reply was no. Mrs. Stevens stated that she felt it was unfair to ask residents in her area of Works Road that have no interest in the water, to pay for a waterline. Her home is a long distance off the road and costs would be higher than the average suggested cost. Julie Grana, 178 Works Road, asked if Mr. Streeter needed treated water for his development to proceed? Mr. Thornton stated he did not know definitely but that the Planning Board had asked Mr. Streeter to investigate the possibility of public water.

Asked the question for the cost of installation for the water line, Mr. Thornton stated the cost was about $45.00 per linear foot for an 8 inch main.

David Vanable, 171 Works Road, asked if the cost for the waterline to be run only down Kavanaugh Road and not to continue down Works, has been investigated? Mr. Thornton said no and Mr. Vanable asked the Board if they would ask the developer to provide that figure.

Mrs. Stephens asked what the $1780 fee for Monroe County Water covered and Mr. Thornton replied it was the installation of the service connection at the road for the line in the right of way. It would also include setting the meter and connect service line to their piping. Craig Schneider, 152 Works Road, asked if it was correct that if the homeowner wished to continue to use their well while connected to the public water system that it would be necessary to have an inspection of their system every three years at their own costs to check for any mixing of the systems. The answer was yes but usually the well connection was abandoned or connected only on the exterior of the building.

Mike Tallon, 175 Works Road, purchased land to build a house and understood that there would be well water. He was very pleased with the idea of public water for the quality of the water and better fire protection.

Trish Vanable, 171 Works Road, asked if the waterline would be on the west side of the road. Mr. Thornton stated the line was shown on the west side as it appeared easier but it was not written in stone. Mrs. Vanable stated that her concern was the large trees in front of her house that would be endangered. Mr. Thornton stated it was hard to install the line with trees near the road since it required hand digging that would increase the cost of the line. The goal would be to save as many trees as possible and have a minimum effect on vegetation and owners property.

Scott Strock, 195 Works Road raised the question on the possibility of large lots being subdivided and additional houses being built. Would these new homes be included in the shared costs and thus the yearly payments be reduced? Councilman Knab stated that he believed the payments made by the new homes would reduce the over all debt service but not effect the yearly cost to the other home owners. Jesse Cook, 335 Kavanaugh Road, asked if it was possible for property owners within the district to not be part of the district and not share in the costs. He stated that he felt the costs were excessive as they had been presented. Attorney Pavia stated that if the district is formed that individual property owners would not be able to not opt out participation.

Councilman Knab also stressed that signing the petition did not commit anyone to this proposal but simply allow the matter to be brought before the Town Board to hold a public hearing.

Mr. Cook asked what is the process to find out exactly how many people wish to buy in to this proposal? Trish Vanable asked how residents that are not interested in water let the Town Board know that they have no interest?

Councilman Knab stated that the comments of residents at this meeting would be an indication of support or no support for this proposal. He stated that the applicant will need to revalidate the number of residents that are continuing to support the proposal against the cost of the district before the Town Board can go forward. Attorney Pavia stated that written comments on this proposal can also be submitted to the Board for their consideration.

In reply to a question on whether there would be a voted on the matter, Attorney Pavia stated that there were two different types of processes to bring about a district extension and the petition presented for this project does not provide for a vote by the residents of the area to be effected.

Julia Grana stated that if the price of the waterline was development in the area she would prefer to stay with her well water.

David Vanable stated that he felt that one result of this petition was to bring the subject up for discussion and to put the decision in the hands of the Town Board. For his family the cost would be an important factor to them. Councilman Knab agreed that it is a cost/benefit factor that each family must weigh.

Mr. Vanable also suggest that the town request some data on the cost to hand dig to attempt to preserve some of the trees in the area as he felt they were an important part of the value of his home. If they are removed he felt there would be a loss of value in his property he could not recover in his lifetime.

Councilman Knab address Mr. Thornton and requested that when the district total is determined and he is able to finalize the costs, determine the actual route of the waterline and analyze those costs that they include the saving of the trees.

Mr. Thornton stated that the engineering report prepared was an analyze of the hydraulics of the system, a potential route and a best estimate of costs to the home owners. If bids were received that exceeded $250,000 the district would not more forward. This report was a best guess and based on comments presented at this meeting the costs would probably be driven up even higher.

Mr. Vanable asked if the Town Board would receive the revised good faith estimates before taking a vote and if the residents would be made aware of the any revisions and be able to make comments. Attorney Pavia assured the residents that the Board would not make a decision until they had all the necessary information from the applicant. Any information obtained from the project engineer is public information and would be available to the residents of this area.

Councilman Knab stated that the residents would be notified of any additional meetings that would be held to discuss this matter.

Mr. Vanable asked about the piece of property he owns adjacent to his home and if this would be considered one of the benefited parcels and Mr. Thornton stated no as there were no plans at this time to develop that parcel. Peter Lana, 353 Kavanaugh Road, stated that his concern was for safe drinking water. He supported the petition as he had had problems with his well and even had traces of radon in the water.

Michael Tallon stated that he has weighted what he feels is the value of the water district to his property and is in favor of the proposal.

Mannie Dambrosio, 369 Kavanaugh Road, suggested that the homeowner’s insurance rate is lower for properties that are serviced by public water.

RESOLUTION #145
Councilman Knab moved that the Public Hearing on the proposed extension of the water district to service Kavanaugh and Works Road be closed and the matter tabled pending further information supplied by the petitioners engineer and the Town Board will continue to accept written comments and concerns from the residents of the proposed district. Councilwoman Sluberski seconded the motion.

Roll:
Councilman Doupe aye
Councilman Sluberski aye
Councilman Knab aye carried.

VI Old Business

1. Quality Communities Grant Program - Councilman Knab stated that the Town has received approval for a grant for $38,000 to be used for planning for development and preservation of the area along Honeoye Creek, the dam and Veterans Park.

2. Automatic Door Controls on grade level doors - Councilman Knab stated that the automatic door controls on the two ground level doors have been installed with the help of funds awarded to the Town through the Community Block Grant Program. Adjustment for better environmental conservation will be made shortly.

VII New Business

1. Rental of 1911 Rush Scottsville Road – Sealand Contractors have rented office space at 1911 for a three month period while they are working on local road projects.

2. Annual re-assessment contractor – the matter was tabled until a full board could be present.

3. 2007 Budget – Budget Officer Reynolds provided his report earlier in the meeting. The Tentative Budget will be presented to the Board at the September 27the meeting and a public hearing scheduled for October.

Adjournment

Councilwoman Sluberski moved that the meeting be adjourned.

Councilman Knab seconded the motion and the board was all in agreement.

Time: 8:45 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 5:40 PM

September 1, 2006

Rush Town Board Special Meeting Minutes - 2006/08/30

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August 30, 2006

A Special Meeting of the Rush Town Board was held on August 30, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 8:10 p.m.

Present:
Supervisor William Udicious
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Councilman Donald Knab

Absent:
Councilman Luther Keyes – excused - Work

Supervisor Udicious explained that Attorney Pavia after further investigation found that the Planning Board could not become lead agency for the SERQA requirements of the rezoning request of Rush Associates LLC/Dorschel Automotive Group. The Town Board must fulfill this designation.

RESOLUTION #137
Councilman Knab moved that Town Board Resolution #134 from the August 9, 2006 regular meeting be rescinded as it was not longer applicable. Councilman Doupe seconded the motion.

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

RESOLUTION #138
Councilman Knab moved

WHEREAS, on July 21, 2006, the Town Board of the Town of Rush, New York (the “Town Board”) received a revised petition from Passero Associates, on behalf of Richard I. Dorschel and the Dorschel Automotive Group (“Passero”), to rezone 6.38 acres of property located at 7262 West Henrietta Road in the Town of Rush (the “Petition”), a letter of intent regarding the Petition, a conceptual site plan, a map depicting the potential rezoning, and a Full Environmental Assessment Form prepared by Passero in accordance with the New York State Environmental Quality Review Act (“SEQRA”); and

WHEREAS, the 6.38 acres of property located at 7262 West Henrietta Road that Passero seeks to rezone is located within an R-30 zoning district; and WHEREAS, the Town Board requests that the Town of Rush Planning Board (the “Planning Board”) study the Petition and make a formal recommendation to the Town regarding the Petition; and

WHEREAS, the Town Board has reviewed the Petition, the EAF, the conceptual site plan and the other materials prepared and submitted by Passero with respect to the Petition; and

WHEREAS, on August 9, 2006, the Town Board, in order to ensure that a non- segmented environmental review was completed, passed a resolution deferring its lead agency role under SEQRA until the Planning Board had completed its SEQRA review and determinations regarding the Petition and a site plan; and

WHEREAS, subsequent to August 9th, the Town Board has learned that the Planning Board does not retain discretionary authority over the Petition since a site plan application had not been filed by Passero, resulting in the Planning Board unable to act as Lead Agency under SEQRA.

NOW THEREFORE, upon consideration by the Town Board of the Petition and the other materials submitted by Passero, and the Town Board having given the submitted documentation and matter due consideration; it is

RESOLVED, that the Town Board revokes and rescinds its August 9th resolution to the extent that it required the Planning Board to act as Lead Agency under SEQRA and conduct a coordinated environmental review of the Petition and a site plan proposal; and it is further resolved

RESOLVED, the Town Board declares itself Lead Agency for purposes of conducting a coordinated review of the Petition, and making any necessary determinations of environmental significance under SEQRA, unless it receives a formal objection from an Involved Agency regarding the Town Board’s declaration within the applicable timeframe set forth under the SEQRA regulations; and it is further

RESOLVED that the Town Board classifies the Petition as an “Unlisted Action” subject to a coordinated review under 6 N.Y.C.R.R. § 617.6(b)(3); and it is further RESOLVED, the Town still requests that the Planning Board study the Petition and make a formal recommendation to the Town Board regarding the Petition, including an analysis of any potential impacts to the zoning and planning interests of the Town; 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 other relevant statute or regulation, and that the Supervisor of the Town of Rush is authorized to take any and all necessary steps to inform the involved agencies under SEQRA of the Town Board’s assumption of Lead Agency status. Councilman Doupe seconded the motion.

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

Planning Board Appointment

RESOLUTION # 139
Councilman Knab moved that Richard Anderson be appointed to the Rush Planning Board to fill the unexpired term of Jeffrey Werner that will end on December 31, 2008. Councilman Doupe seconded the motion.

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

The meeting was declared adjourned at 8:15 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 5:14 PM

August 17, 2006

Rush Town Board Minutes - 2006/08/16

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August 16, 2006

A Budget Workshop meeting was held at the Rush Town Offices, 5977 East Henrietta Road on August 16, 2006 and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent:
Councilman Luther Keyes, work
Supervisor Udicious explained that Highway Superintendent

King has been contacted by the contractor that will be re-constructing the bridge section on Route 15 and the town has been offered gravel from the work site. The possibility of using the gravel to raise the level of the field at Stonybrook Road was discussed. The contractor would spread the gravel and cover with top soil. There would be no cost to the town.

RESOLUTION #136
Councilman Knab moved that the Supervisor be authorized to enter into a contract with the contractor for the Route 15 re-construction project to deliver gravel from the project to Stonybrook Road Park to raise the level of the playing field. Councilman Doupe seconded the motion.

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

Councilman Knab moved that the meeting be adjourned.

Councilman Doupe seconded the motion and the board was all in agreement.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 5:04 PM

July 20, 2006

Rush Town Board Special Meeting Minutes - 2006/07/20

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July 20, 2006

A Special Meeting of the Rush Town Board was held on July 20, 2006 at 6:00 p.m. at the Rush Town Offices, 5977 East Henrietta Road.

Present:
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent:
Councilman Donald Knab, excused
Councilman Luther Keyes, excused

Automatic Door Closing Contract
Supervisor Udicious explained that the estimates for the automatic door openers have been received and a contract must be awarded for the town to receive the Block Grant Funds.

RESOLUTION #128
Councilman Doupe moved that the Supervisor be authorized to sign a contract with Imperial Door Controls Inc. for the installation of automatic door openers on the two ground level entrances (library and court entrances) for a cost amount not to exceed $7,000.00. Councilwoman Sluberski seconded the motion.

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

The meeting was adjourned by common consent.

Time: 6:05 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 4:51 PM

July 12, 2006

Rush Town Board Minutes - 2006/07/12

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July 12, 2006

A regular meeting of the Rush Town Board was held on July 12, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Luther Keyes
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Others:
Frank Pavia, Attorney for the Town
Charles Rinere, Fire Marshal
Karen Hopkins, Board of Assessment Review
Donald Sweet, “ “ “
Brian McFetridge, “ “ “
Fredric Calev, 2516 Rush Mendon Road

I Open Forum

Fredric Calev asked if there was any change in status regarding the property at 2500 Rush Mendon Road and he was told no. The property owner has until the 15th of July to make the application requested of him.

II Approval of Minutes

RESOLUTION #123
Councilman Knab moved that the minutes of the regular meeting of June 28, 2006 be approved with the correction of adding excused to the names of the two board members that were not present at that meeting. Councilwoman Sluberski seconded the motion.

Roll:
Councilman Knab aye
Councilman Keyes abstained
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious abstainedcarried.

III Transfer of Funds and Approval of Abstract

RESOLUTION #124
Councilman Doupe moved that the following transfers of funds be made:
$480.00 from A-7110.4 Parks, Contractual to A-8160.4 Refuse Contractual – mulching shortfall
$20,000.00 from DA-5112.1 Road Construction, Pers. Serv. to DA-5110.1 Maint. Of Roads, Pers. Serv. – due to cancellation of CHIPS contract
The following budget amendment:
$100,000 from A-3097, State Aid, Capital Projects to A-1620.2 Building, Capital Outlay – state aid for land purchase
$75,000.00 decrease from A-599 Fund Balance, Appropriated to increase appropriation for A-1620.2 Building, Capital Outlay – land purchase. Councilwoman Sluberski seconded the motion.

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

RESOLUTION #125
Councilman Knab moved BE IT RESOLVED, that having audited all the claims against the fund listed on the abstract, I move that all claims in the amount of $37,533.64 be allowed for vouchers #663 through #701. Councilman Sluberski seconded the motion.

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

IV Communications

1. NYS Dormitory Authority – re remainder of grant money for the generator released

2. Rush Fire Department – invitation to participate in or sit on the reviewing stand for the firemen’s parade.

V Reports of Officers and Committees

1. Town Board – Councilman Knab stated that the new plumbing fixtures have been delivered and should be installed this weekend.

Councilman Keyes thanked the Board for their patience for his absence due to work commitments and asked if someone could take his place at this months Planning Board meeting. Councilwoman Sluberski agreed to be there. He stated that things should return to normal soon.

Councilman Doupe is still working on a draft of the sign ordinance.

Councilwoman Sluberski stated that the Recreation Director was working on Fall Festival and that she has been approached about offering a course on foster parenting. She wondered if this could be offered.

2. Town Clerk – Town Clerk Henry stated that her office would be closed on July 13th for the morning due to a training session with Monroe County Treasury on the new ez- tax program that will be installed.

Also, the office will be closed on July 27th for training for Deputy Darlene Pilarski and the town clerk will be on vacation.

3. Fire Marshal – submitted his monthly report

4. Supervisor – Supervisor Udicious stated that Rochester Window Cleaners would be cleaning the windows of the town hall for the first time since the renovation on July 19th. Specs are being drawn up for the side walk with curbing for the extension to be built with block grant money. The cost of this engineering work not to exceed $850.00.

There are six applications for the Planning Board position and interviews will be arranged.

Councilman Knab suggested that the limit be raised that allows the Supervisor to make repairs or have maintenance performed on the building without town board approval. He felt the $1,000 limit was unrealistic and he will propose a raise at the next meeting.

VI New Business

1. Land Purchase of 1911 Rush Scottsville Road –

RESOLUTION #126
Supervisor Udicious moved:
Whereas the Town Board of the Town of Rush adopted a resolution at a regular meeting of the Town Board on December 14, 2005 (the “Resolution”) authorizing the Town Supervisor to commence negotiations to purchase 1.57 acres of property located at 1911 Rush-Scottsville Road, Rush, New York 14543 (the “Property”); and

WHEREAS, a short Environmental Assessment Form was prepared regarding the proposed purchase of the Property and considered by the Town Board; and

WHEREAS, the Town Board is the lead agency pursuant to the State Environmental Quality Review Act (“SEQR”) and no other agencies’ approvals are required for the contemplated action;

NOW THEREFORE, upon consideration by the Town Board of the proposed action and the Environmental Assessment Form, and the Town Board having given the matter due consideration; it is

RESOLVED, that the Town Board make the following findings and decisions:

FINDINGS
1. The proposed acquisition of the Property is an Unlisted Action pursuant to SEQR.
2. The Town Board finds that the proposed action will not have an adverse impact on the environment. Therefore, this Board grants a negative declaration pursuant to SEQR.
3. The Town Board is authorized to proceed with any and all further measures to purchase the Property. Based upon the foregoing findings, the Town Board of the Town of Rush grants final approval to acquire the Property. Councilman Doupe seconded the motion.

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

2. Sale of property on East River Road -

RESOLUTION #127
Supervisor Udicious moved that:
WHEREAS, the Town Board of the Town of Rush adopted a resolution at a regular meeting of the Town Board on April 27, 2006 (the “Resolution”) authorizing the Town Supervisor to sell 18.72 acres of property, a portion of which is known as Hart’s Field (the “Property”); and

WHEREAS, the Town of Rush has received the necessary approval from the New York State Legislature to sell the Property; and

WHEREAS, public notice of the Resolution will be given in compliance with the permissive referendum requirements
of Section 64 of New York Town Law, which provided that a majority of the qualified voters and/or electors of the Town of Rush may submit a petition for a referendum vote on the proposition authorizing the sale of the Property; and

WHEREAS, no petition for a permissive referendum was filed with the Town within the thirty (30) day time period; and

WHEREAS, a short Environmental Assessment Form was prepared regarding the proposed sale of the Property and considered by the Town Board; and

WHEREAS, the Town Board is the lead agency pursuant to the State Environmental Quality Review Act (“SEQR”) and no other agencies’ approvals are required for the contemplated action;

NOW THEREFORE, upon consideration by the Town Board of the proposed action and the Environmental Assessment Form, and the Town Board having given the matter due consideration; it is

RESOLVED, that the Town Board make the following findings and decisions:

FINDINGS

1. The proposed sale of the Property is an Unlisted Action pursuant to SEQR.

2. The Town Board finds that the proposed action will not have an adverse impact on the environment. Therefore, this Board grants a negative declaration pursuant to SEQR.

3. The Town Board is authorized to proceed with any and all further measures to sell the Property. Based on the foregoing findings, the Town Board of the Town of Rush grants final approval to offer for sale the Property. Councilman Knab seconded the motion.

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

3. Highway Projects for 2007 - Supervisor Udicious relayed a request from the Highway Superintendent asking for the input of any Board members on projects that they wish the Highway Department to undertake in 2007. He asked for the Board of contact him soon as he prepares his budget for the up coming year.

Councilman Knab stated that he would contact the Highway Superintendent about the intersection of Route 15A and Rush West Rush Road where water runs over the road during storms and creates a dangerous situation. The state had attempted to correct but the situation remains.

Executive Session

Councilman Knab made a motion to enter into Executive Session to discuss a personnel matter. Councilman Keyes seconded the motion. The board was all in agreement.

Time: 7:30 p.m.

The Board returned to regular session and adjourned by common consent.

Time: 8:00 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 4:35 PM

June 29, 2006

Rush Town Board Minutes - 2006/06/28

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June 28, 2006

A regular meeting of the Rush Town Board was held on June 28, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski

Absent:
Supervisor William Udicious - excused
Councilman Luther Keyes - excused

Others:
David Hou, Attorney for the Town of Rush
Gerald Kusse, Code Enforcement
Charles Rinere, Fire Marshal
Fredric Calev

I Open Forum

Fredric Calev, 2516 Rush Mendon Road, expressed his objection to the signs posted on 2500 Rush Mendon Road and felt they violated the sign ordinance. Specifically he was addressing the sign on the mail box post and he gave the board a picture of that sign. Mr. Knab stated that the matter would be referred to the Code Enforcement Officer for review. Mr. Calev also complained about the berm along the linear trail that has been removed and the rocks that were placed along his property on the trail. He stated that he was notifying all parties that if he experienced flooding problems, he could sue over the damages.

II Minutes

RESOLUTION #119
Councilwoman Sluberski moved that the minutes of the June 14, 2006 regular meeting be approved as presented. Councilman Doupe seconded the motion.

Roll:
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

III Approval of Abstract

RESOLUTION #120
Councilman Doupe 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 $34,380.36 be allowed for vouchers #616 through #662. Councilwoman Sluberski seconded the motion.

Roll:
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

IV Correspondence

1. Day Automation – a quote for the installation of security cameras on town hall property. Others vendors solicited declined to submit a quote.

V Reports of Officers and Committees

1. Town Board - Councilman Doupe reported that due to illness at Pin Point the Website is only half completed but should be finished soon. He also mentioned that if the Board wished to join him, he planned to send flowers to the family of Supervisor Udicious on the death of his brother. Councilwoman Sluberski reported on the Planning Board meeting that she had attended and that a truck storage and repair facility had shown an interest in the property on Rush Henrietta Townline Road near Route 15.

2. Code Enforcement - Mr. Kusse stated that he has asked the New York State Codes Official to give a presentation to the Town Board on the adoption of Section 120-3. The two times selected were July 19th or 26th at 6:30 p.m. The 19th seemed to be the best and will be confirmed by the Supervisor.

VI Old Business

1. Property at 1911 Rush Scottsville Road – Attorney Hou stated that if all goes well that the closing should be about the end of the first full week of July.

2. Hart’s Fields sale – Mr. Knab explained that the first quote for an appraisal was high and another quote was being sought.

3. Court Attendant/Process Server appointment –

RESOLUTION #121
Councilman Doupe moved that the Town Board acknowledges and approves the appointment of Charles DiSalvo as a part time court attendant/process server for the Rush Town Court. Councilwoman Sluberski seconded the motion.

Roll:
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

VII New Business

1. Global Signal Easement Purchase Offer – Councilman Knab explained that the Town has received from Global Signal an offer to purchase an easement to the cell tower area behind the town hall in lieu of the yearly payments not being made. The Board was in unanimous agreement that they were not interested in the offer of Global Signal and a letter of reply will be sent to acknowledge their offer.

2. Request for financial assistance to Assemblywoman John – Councilman Knab read portions of a letter sent to Assemblywoman Susan John as a result of her recent visit to the Town Hall. The Town in their request is seeking funds for a number of projects such as additional sidewalks, a judge’s bench and video surveillance cameras for the town property.

3. Mendon Foundation Grant – Councilman Knab read a letter proposed to be sent to Carl Foss of the Mendon Foundation in support of their request for a grant to install kiosks in certain areas of the Linear Trail.

RESOLUTION #122
Councilman Doupe moved that Councilman Knab be authorized to sign a letter of support for the Mendon Foundation/Carl Foss to apply for a grant to erect kiosks on the Linear Trail. Councilwoman Sluberski seconded the motion.

Roll:
Councilman Doupe aye
Councilwoman Sluberski aye
Councilman Knab aye carried.

Executive Session

Councilman made a motion to move into Executive Session to consult with the Town Attorney concerning on going
litigation. Councilman Doupe seconded the motion and the board was all in agreement.

Time: 7:20 p.m.

The Board returned to regular session and adjourned with the consent of all board members.

Time: 7:30 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 12:12 PM

May 25, 2006

Rush Town Board Minutes - 2006/05/24

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May 24, 2006

A regular meeting of the Rush Town Board was held on May 24, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent:
Councilman Luther Keyes, excused

Others:
David Hou, Boylan and Brown
Charles Rinere, Fire Marshal
Gerald Kusse, Code Enforcement
Richard Anderson, 22 Harvest Lane
Jack Mould, Rush Lima Road
Ted Barnett & daughter, 117 Lyons Road
Donald Hill, Phelps Road
Fredric Calev, 2516 Rush Mendon Road
Jonathan Volpe, 33 Boulder Creek Drive

I Open Forum

Fredric Calev, 2516 Rush Mendon Road, asked if the Town Attorney had received a response from the attorney of the owner of 2500 Rush Mendon Road yet and if the Code Enforcement Officer had been allowed to make an inspection of the property. Further, Mr. Calev asked the status of the septic system installed on the property without a permit. Supervisor Udicious explained that in the matter of the septic system the Monroe County Health Department was the authorized agency that handles disposal systems and they were working on the problem. He also stated that when the Attorney for the Town reports to the Town Board with his findings that Mr. Calev will be informed of the result.

Jack Mould, 6542 Rush Lima Road, stated that he had given the Town Board copies of a suggested resolution that he felt the Town should direct to the Lima Town Board concerning the desire of Walmart to local a store in their town. His concern was for the increase in traffic that would impact the Town of Rush and pose a risk to its residents.

Ted Barnett, 117 Lyons Road and Donald Hill 620 Phelps Road also expressed their concern about Walmart’s expressed desire to locate in Lima.

Supervisor Udicious stated that since there was no common border with Lima and since there has not been a formal application requesting rezoning presented to the Lima Town Board, it is premature for the town to sent their comments to the Town of Lima. He explained that rezoning is a process that will take a number of months and that there are steps that must be followed by the Town and the applicant and that the Town of Rush needs more information before it would be appropriate to take a stand.

II Approval of Minutes

RESOLUTION #108
Supervisor Udicious moved that the minutes of the regular meeting of May 10, 2006 be approved as presented. Councilman Doupe seconded the motion.

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

III Approval of Abstract

RESOLUTION #109
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 $24,586.79 be allowed for vouchers #484 through #540. Councilman Doupe seconded the motion.

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

IV Correspondence

1. Empire State Development Corp., May 12, 2006 re request for $100,000 from Community Capital Assistance Program for the purchase of property at 1911 Rush Scottsville Road, status of request.

V Reports of Officers and Committees

1. Town Board – Councilman Knab stated that the cause of the odor problem in the basement has been solved and repair is being made. Councilwoman Sluberski reported on the Zoning Board of Appeals meeting. Fire Marshal Rinere has submitted an article for the Newsletter on open burning and will have guidelines for fireworks also in the next edition.

VI New Business

1. Community Block Grant – Supervisor Udicious stated that he had received a letter from County Executive Maggie Brooks re: request for $10,000 for sidewalk between parking lot and new playground. Final approval will be received in late June with money available for project after August 1st.

2. Sign Code update – Councilman Doupe stated that he has met with the Supervisor and the Zoning Board Chairman and reviewed the changes that the ZBA would like to see in the update. Councilman Doupe stated that he will have a rough draft for the Town Board’s review in 3 to 4 weeks.

3. Engineer Report on the Works/Kavanaugh Road waterline extension – Supervisor Udicious stated that the Attorney for the Town had provided the petitioner John Streeter with the steps that were required for the extension of a water district. The Town has received an Engineers Report for this project from Mr. Streeter, which has been referred on to the Attorney for the Town. The next step will be determined by the completeness of this report and the Attorney’s direction.

4. Court Room Modifications – Supervisor Udicious stated that there were a number of court room modifications that had to be left out of the building renovation due to the cost. The court has provided a prioritized list of the items that may now be undertaken and Supervisor Udicious was asking for permission to have three of them completed. Millco Woodworking, who provided the interior trim for the
town hall renovation, has provided an itemized quote for the work to be done. It will not be necessary to bid this work due to the higher percentage of labor cost to material cost. The creation of a jury box, improved prisoner holding area and a fence with gates between the judge’s bench and the audience will cost approximately $15,347.00. The monies to cover this cost are in the contingency account.

RESOLUTION #110
Councilman Knab moved that the Supervisor be authorized to contract with Millco Woodworking for the construction and installation of a jury box, holding cell and fence between the bench and audience for a cost not to exceed $15,500.00. Drawings of the installations are to be provided for the town’s review prior to installation. Councilman Doupe seconded the motion.

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

4. NIMS (National Incident Management System) – Councilman Doupe has volunteered to review the criteria provided and report back to the board how the various emergency response programs in place need to be modified or coordinated to provide the most efficient incident response system.

VII Open Forum

Jonathan Volpe, 33 Boulder Creek Drive, inquired about the increased cost of the after school program for the next school year and felt it was a very sizable increase. Supervisor Udicious explained that the board had reviewed the cost of the program with the cost to the town to provide it. A comparison report was provided by Councilwoman Sluberski with other similar programs in the area. A recommendation to increase fees was unanimously approved by the entire board. The program will be evaluated again next year to determine if revenues are meeting the costs. Supervisor Udicious stated that the program had not been priced correctly in the past and this resulted in large adjustment that the board felt needed to be made.

Executive Session

Councilman Knab made a motion to move into Executive Session to discuss pending litigation. Councilman Doupe seconded the motion and the board was all in agreement.

Time: 7:45 p.m.

The Board returned to regular session and adjourned the meeting by common consent.

Time: 8:10 p.m.

Respectfully submitted,
Linda G. Henry
Town Clerk

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Posted by gmadore at 11:52 AM

May 12, 2006

Rush Town Board Minutes - 2006/05/10

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May 10, 2006

A regular meeting of the Rush Town Board was held on May 10, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent:
Councilman Luther Keyes, excused

Others:
Frank Pavia, Attorney for the Town of Rush
Charles Rinere, Fire Marshal
Gerald Kusse, Code Enforcement
Patricia Stephens, Recreation Supervisor
Fredric Calev, 2516 Rush Mendon Road
Pamela Vincent, Thunderidge Drive
Brianna Ryan, RHCSD

I Open Forum

Fredric Calev, 2516 Rush Mendon Road, stated he had received a flyer in the mail advertising the business next door and offering a variety of services that he considered as commercial. He also stated that the smells from the property make it difficult for him to open windows and he used as an example the burning of materials in a dumpster that is removed prior to the arrival of the code enforcement officer. He questioned how the town can allow this business to continue with the number of violations that are existing with that operation.

Supervisor Udicious stated that the matter is now before the Planning Board and would be resolved but perhaps not as quickly as Mr. Calev would wish. Any activity that is not legally allowed must be brought before the Planning Board with a request for a special permit, which may or may not be granted.

Attorney Pavia stated that the Planning Board has been asked by the Town Board to determine if the current operation at 2500 Rush Mendon Road is in excess of the scope of the approval granted by the Planning Board. A full inspection of the property and the structure by the code inspector needs to be made. Until full access to the
property is allowed, the code enforcement officer can not issue tickets for alleged violations. There has been no reply from Mr. Stevens attorney on the request for access.

II Approval of Minutes

RESOLUTION #105
Supervisor Udicious moved that the minutes of the regular meeting of April 26, 2006 be approved as presented. Councilman Knab seconded the motion.

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

III Approval of Abstract

RESOLUTION #106
Councilman Knab moved BE IT RESOLVED, that having audited all the claims against the funds listed on the abstract, I moved that all claims in the amount of $37,708.68 be allowed for vouchers #446 through #482. Councilman Doupe seconded the motion.

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

IV Correspondence

1. NYS DOT re requesting a meeting with interested parties to discuss the plans to replace the Route 15 bridge over the linear trail. Scheduled for May 16th.

2. Nancy Miller, Stonybrook Road re condition and future of the park on Stonybrook Road with recommendations

3. William Gaffney for Stevens Connor American Legion Post re Memorial Day parade

4. Memo from Recreation Supervisor re planned fishing derby

V Reports of Officers and Committees

1. Town Board – Councilman Knab reported that he has been working on the odor problem in the town hall and will be demolishing a wall in area of restrooms to investigate. Councilman Doupe reported that the Library Board of Trustees has two new members Mark Pilarski and Karen Fuller. He also stated that he has a meeting with Zoning Board chair Donald Van Lare to discuss the sign ordinance.

2. Town Clerk – Town Clerk Henry reported that Pitney Bowes has finally agreed to replace the faulty postage meter due to the number of services calls it has required.

3. Fire Marshal – Mr. Rinere reported that there had been a report of a brush fire on private land across from Industry. A call to the property owner revealed that she had received inaccurate information the rules for burning.

A letter will be issued to the property owner with the correction information and a warning that any future violation will result in a court appearance. It was suggested that the Fire Marshal submit an item for the upcoming Newsletter about the rules concerning burning and fire works. Mr. Rinere agreed.

VI Old Business

1. Employee manual – Supervisor Udicious suggested that a Workshop be held to discuss the revisions proposed for the employee manual based on the comments received. The Board agreed and Attorney Pavia asked that the revisions be passed through him prior to approval.

2. Recreation After school program – Councilwoman Sluberski has research the cost of three other programs in the area that offered after school care and each had a significantly higher cost for the 3.5 hour period that the after care covers. She recommended to the Town Board that the cost per hour for the 2006-7 year be raised to $2.50 for Rush children and $3.00 for non-Rush children. She also suggested that a reduction be provided for more than one child in the program and that payment be on a monthly basis rather than quarterly. These increase fees should cover the cost the program entirely based on 30 children per day. There was a lengthy discussion on the true costs of the program and the cost to the town not covered by fees. Councilmen Knab and Doupe did not support the recommendation to offer a reduced fee for a second child in the program. Councilwoman Sluberski stressed that she felt this was a very important benefit offered by the Rush program and should be offered to full time participants. Pamela Vincent spoke in support of keeping the program cost low to encourage people to use the after school services. Mrs. Stephens expressed her concern that with 16 slots opening in the fall that a significantly higher cost per child would not allow her to fill all the openings. She did understand the need to make the program more self supporting, however.

RESOLUTION #107
Councilman Knab moved that the recommendations of Councilwoman Sluberski to raise the cost per hour of after school care to $2.50 per hour for Rush children and $3.00 for non Rush children be adopted. There will be no discount offered for second or subsequent children in the program. The timing of payments to be made will be decided at a later date. Councilman Doupe seconded the motion.

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

Councilman Knab moved that the meeting be adjourned.

Councilman Doupe seconded the motion and the board was all in agreement.

Time: 7:45 p.m.

Respectfully submitted,
Linda G Henry
Town Clerk

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Posted by gmadore at 11:25 AM

April 28, 2006

Rush Town Board Minutes - 2006/04/26

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April 26, 2006

A regular meeting of the Rush Town Board was held on April 26, 2006, at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious

Absent:
Councilman Luther Keyes, excused, work
Others: Frank Pavia, Attorney for the Town of Rush
Gerald Kusse, Code Enforcement
Charles Rinere, Fire Marshal
Patricia Stephens, Recreation Supervisor
Cheryl Rouleau, Recreation
Jeno Osze, HF Five Points Road
Fredric Calev, 2516 Rush Mendon Road
Nate Czerwinski
Meg Greco
Emma Swiader

I Open Forum

Fredric Calev, 2516 Rush Mendon Road, stated that he had attended the Planning Board meeting the previous week. Mr. Calev learned that Mr. Stevens’s barn contains bathrooms, sinks and insecticide storage all without obtaining any permits from the town. He questioned how these activities could continue without any tickets for violations being issued. He asked how this business can be allowed continue without being issued any tickets while others had to observe the rules and regulations of the town.

II Minutes

RESOLUTION #101
Supervisor Udicious made a motion to approve the minutes of April 12, 2006 meeting with the correction on page 2 changing JS to GIS. Councilman Doupe seconded the motion.

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

III Approval of Abstract

RESOLUTION #102
Supervisor Udicious 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 $11,914.26 be allowed for vouchers #396 through #445. Councilman Knab seconded the motion.

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

IV Reports of Officers and Committees

1. Town Board – Councilwoman Sluberski reported on the Zoning Board of Appeals Workshop meeting of April 13, 2006. She also reported on the Planning Board meeting of April 18, 2006 and the decisions made at that meeting.

2. Town Clerk Henry reported on her conference in Saratoga Springs and that of particular interest was the possibility of processing passport applications in the future.

3. Code Enforcement – Mr. Kusse stated that the work on grid #3 of the Osze property was progressing well. He also stated that there had been a near accident with a town resident digging on his property and hitting an underground power cable. He will be writing an article for the Town Newsletter addressing excavation projects.

4. Supervisor – Supervisor Udicious stated that the annual inspection of the sprinkler and fire system have been made and a small repair needed has been made.

V Old Business

1. Hart’s Field Plan - Supervisor Udicious reviewed the history of the town obtaining the approval of New York State to sell the property known as Hart’s Field and an adjacent parcel given to the town. He explained that cost of yearly maintaining the property and history of vandalism in that area combined with the under utilization of the parcel has made the sale seem prudent.

RESOLUTION #103
Supervisor Udicious moved that the Town of Rush offer the 18.72 acres of land including Hart’s Field for sale. The funds obtained from the sale to be placed in the Recreation Capital Fund for the development of recreation facilities on the 9 acres adjacent to the Town Hall/Library complex. This resolution is subject to permissive referendum. Councilman Knab seconded the motion.

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

Mrs. Stephens asked if the fields would be usable at all this year and she was told that a single day usage was possible if the applicant provided insurance but no long term contracts would not be allowed.

2. Surveillance System - Supervisor Udicious stated that he was still obtaining estimates for the installation of surveillance cameras for the exterior of the building and library to help combat vandalism. Councilwoman Sluberski provided the name and number of the company used by the school district and stated that they have been pleased with the service. Attorney Pavia reminded the board of the need for competitive bidding if the dollar value exceeds the state set limits.

3. Employee Manual – Supervisor Udicious explained that the manual was created in the late 1990’s and needed to be updated and corrected in a number of areas. Supervisor Udicious in particular stated he wished to see a change in the section dealing with benefits for part time employees and that he would have a draft for the board’s review soon. Director of Finance Reynolds can give specific information on the cost of the health care based on the policies outlined in the manual. The Board was asked to review the proposed changes already given to them and asked if there were any others the board wished to see. A discussion of the changes will be held next month.

VI New Business

1. Tax Collectors Seminar – Town Clerk Henry asked for the Board’s approval her attendance at the New York State Tax Collector and Receivers Association conference in June. The cost of this conference is included in her budget.

RESOLUTION #104
Councilman Knab moved that the Town Clerk be authorized to attend the NYS Tax Collectors and Receivers Conference June 11 through 13th. Councilman Doupe seconded the motion.

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

2. Recreation Programs - There was a discussion with the Recreation Supervisor of the board’s concern over the cost of the programs offered and their cost to the town. Supervisor Udicious stressed the need to have the programs be self supporting and the need to bring their overall costs down.

Councilwoman Sluberski obtained information on the costs of three other area programs that offered services for after school programs with a cost per hour of $3.00 or more. The current Rush After-school Program is charging only $1.75 per hour with the Henrietta children in the program not paying an additional fee. She suggested a price increase and perhaps a monthly payment structure to make the increase cost more manageable.

The summer program, for which there is no charge because of the Monroe County Youth Bureau subsidy, also needs to be reviewed in terms of costs.

Mrs. Stephens expressed her concern that since she will be loosing 16 of the participants at the end of this year that if the cost is too high she will not have the needed enrollment for the next year. Mrs. Stephens was asked to provide a budget analysis of her program for the board to review along with Councilwoman Sluberski’s recommendations. Mrs. Stephens also raised the question of garbage cans and it was determined that a carry in carry out policy was the most appropriate. The question of posting playground use regulations was discussed and Attorney Pavia will review and make a recommendation to the board.

The Rush Seniors’ request to not pay the Fire District the $500.00 for the building use this year has been referred to the seniors’ president to direct to the Board of Fire Commissioners.

3. Bridge Replacement on Route 15 – Supervisor Udicious reported that he had received notice from the NYS DOT that
the Route 15 bridge over the linear park will be replaced starting in the fall of 2006 and to be completed by early summer 2007.

Executive Session

Councilman Knab made a motion that the Board move into Executive Session for a discussion of pending litigation. Councilman Doupe seconded the motion and the board was all in agreement.

Time: 7:55 p.m.

The board returned to regular session and adjourned with the consent of all the board.

Time: 8:20 p.m.

Respectfully submitted,
Linda G. Henry, Town Clerk

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Posted by gmadore at 11:11 AM

April 13, 2006

Rush Town Board Minutes - 2006/04/12

April 12, 2006

A regular meeting of the Rush Town Board was held on April 12, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 7:00 p.m.

Present:
Councilman Donald Knab
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Supervisor William Udicious
Absent: Councilman Luther Keyes, excused

Others:
Frank Pavia, Attorney for the Town of Rush
Steven King, Highway Superintendent
Gerald Kusse, Code Enforcement
Charles Rinere, Fire Marshal
Patricia Stephens, Recreation Supervisor
Mr. & Mrs. Fredric Calev, Rush Mendon Road
Zack Mast, High Manor Drive, Henrietta
Tim Watson, Lyons Road

I Open Forum

Fredric Calev, Rush Mendon Road asked if there had been any changes with respect to his complaint about the commercial business located adjacent to his property and if there was any response to his letter to the Town Board. Supervisor Udicious stated that the property owner next door has been invited to appear before the Planning Board on April 18th and that a determination by that Board will be made before the Town Board responds further.

II Approval of Minutes

RESOLUTION #95
Supervisor Udicious moved that the minutes of the regular meeting of March 22, 2006 be approved as presented. Councilwoman Sluberski seconded the motion.

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

III Transfer of funds and approval of abstract

RESOLUTION #96
Councilman Knab moved that the following transfer of funds be made:
$142.76 from A-1110.4 Municipal Court, Contractual to A1110-2 Municipal Court, Capital Outlay - to cover installation of security window. Councilman Doupe seconded the motion.

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

RESOLUTION #97
Supervisor Udicious 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 $41,811.00 be allowed for vouchers #325 through #395. Councilman Knab seconded the motion.

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

IV Correspondence

1. NYS DOT reply to a