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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

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.

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 wou