Town Board
October 1, 2007
-The Gates Town Board held its regular Town Board meeting on Monday, October 1,2007, at the Gates Town Hall, 1605 Buffalo Road, beginning at 8:00 P.M. Those in attendance for the regular Town Board meeting were as follows:
Ralph J. Esposito Supervisor
Frank X. Allkofer Councilman
Greg S. Hart Councilman
Mark A. Mclntee Councilman
ElaineP. Tette Councilwoman
John DiCaro Town Attorney
Richard A. Warner Town Clerk
8:00 P.M. REGULAR TOWN BOARD MEETING
Supervisor Esposito called the meeting to order at 8:00 P.M. He began the meeting with a Silent Prayer and Pledge of Allegiance to the Flag.
RESOLUTION 241-07: MOTION by Councilman Mclntee who moved its adoption:
RESOLVED, that the Gates Town Board hereby approves the Minutes of the September 4. 2007 regular Town Board meeting.
Seconded by Councilman Allkofer.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
SUPERVISOR ESPOSITO stated that there were two items for the agenda, that came in late this afternoon, that do not appear on the agenda. - #10 is a request from Total Sports Experience for a tent permit. The tents will be used this weekend for the Special Olympics. #11 — is a Memorandum of Understanding between the Town of Gates and the Gates Chili School District for the Gates Activity Program, which provides before and after care for children. These items are added to the agenda.
RECREATION & PARKS DEPARTMENT PRESENTATION
MRS. LINDA FOWLER, Recreation & Parks Director, made the presentation. She give a brief summary of what the department has done over the past year to receive re-accreditation. They have met the 155 standards required for re-accreditation, which is good for five years.
Mrs. Fowler gave a brief history of the process, stating the Gates was the first to receive accreditation in 1997 in New York State. She thanked all those who have helped to achieve this great honor. She read the plaque which was awarded to the department.
SUPERVISOR ESPOSITO stated that the Board is very grateful and proud of the Recreation & Parks Department for all that they do for the quality of life in the town of Gates.
AUDIENCE PARTICIPATION
SUSAN SWANTON, 284 Gatewood Avenue, addressed the Board concerning the following:
the impact on Gates residents from the changes of the County’s FAIR act.
She stated that she is in full support of the request for a Stop sign on Gatewood Ave. & Rellim
Blvd.
MS. SWANTON thanked the Supervisor and Town Board for designating the week of October
21 —27, 2007 as National Friends of the Libraries Week, as she noted from the agenda.
RAY GUENTNER, 16 Davy Drive, addressed the Town Board. He stated his concerns regarding the Monroe County FAIR plan and the sales tax credit. He also asked about increases in the Gates Volunteer Ambulance budget and the Fire District’s budget.
LEGISLATOR STEPHEN TUCCIARELLO for the 4th District, which includes Gates, addressed Mr. Guetner’s concerns regarding the County’s Fair tax plan.
MR. EDWARD MAURO, President of the Gates Volunteer Ambulance Service, stated that their budget will increase by $7,500. He explained the reasons for the increase, one of which is the increase of calls.
SUPERVISOR ESPOSITO stated that he has not received the Fire Department’s budget yet. It will also lecome part of the final town budget along with the Ambulance Service. He understands that the Fire Department budget will be going up, however, he does not know what the increase will be.
CORRESPONDENCE - NONE
OLD BUSINESS - NONE
NEW BUSINESS
SCHEDULING A PUBLIC HEARING TO CONSIDER THE
APPLICATION OF JERRY FRICANO FOR A
CONDITIONAL USE PERMIT TO OPERTE A PIZZA PARLOR AT
777 SPENCERPORT ROAD
RESOLUTION 242-07: MOTION by Councilwoman Tette who moved its adoption:
RESOLVED that a Public Hearing be scheduled for Wednesday, November 7, 2007 at 7:00 P.M. to consider the above captioned application.
Seconded by Councilman Hart.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
SCHEDULING A PUBLIC HEARING TO CONSII)ER
THE APPLICATION OF BERGMANN ASSOCIATIES,
ON BEHALF OF THEIR CLIENT, FOR A
CONDITIONAL USE PERMIT TO OPERATE A
STARBUCK COFFEE IN THE HOLLYWOOD VIDEO
STORE LOCATED AT WESTGATE PLAZA
RESOLUTION 243-07: MOTION by Councilmen Hart who moved its adoption:
RESOLVED that a Public Hearing be scheduled for Wednesday, November 7, 2007 at 7:15 P.M. to consider the above captioned application.
Seconded by Councilwoman Tette.
VOTE: Allkofer — aye; Hart — aye; Mclnee— aye; Tette — aye; Esposito — aye. Motion Carried.
SCHEDULING A BUDGET WORKSHOP ANDPUBLIC HEAEINGFOR THE 2008 TOWN BUDGET
SUPERVISOR ESPOSITO stated that the Board has received their copy of the Preliminary 2008 budget and have had an opportunity to take a brief look at it and see that there’s no tax increase proposed for 2008. The budget does hold the line. We must now schedule a budget workshop. The public is invited to attend the workshop but is not permitted the opportunity to speak at that time. The Town Board at the work shop will approve a budget that will be copied and presented to the public for their use. The public may make their conunents at the Public Hearing on November 7, 2007.
RESOLUTION 244-07: MOTION by Councilwoman Tette who moved its adoption:
RESOLVED that the Gates Town Board hereby schedules a Budget Workshop on Monday, October 15, 2007 at 7:00 P.M.
FURTHER RESOLVED that a Public Hearing be scheduled for Wednesday, November 7, 2007 at 7:30 P.M.
Seconded by Councilman Hart.
UNDER DISCUSSION
SUPERVISOR ESPOSITO noted that the Budget Workshop will be held in the Supervisor’s
Conference Room and the Public Hearing will be held in the Town Hall meeting room.
COUNCILMAN MCNTEE asked why the public has to wait till after the Budget workshop to receive a copy of the preliminary budget.
SUPERVISOR ESPOSITO stated that until the Town Board approves it , it is just a working document presented by the Supervisor for internal use and comments. It does not become a record for the public to comment on and vote on until after the Town Board has completed the workshop.
COUNCILMAN MCINTEE asked if after the workshop the Town Board would approve it as the preliminary budget. He feels that there should be more time for the public to review the budget before the Public Hearing.
SUPERVISOR ESPOSITO stated that after it is approved by the Town Board at the workshop it becomes the Preliminary Budget. The Town Clerk is then directed to make twenty — five copies of the budget for the public use. The vote at the workshop will be the vote on the budget that will be presented to the public for their review and comments.
COUNCILMAN MCINTEE asked if this process is in the Town Code or something of that nature.
SUPERVISOR ESPOSITO stated that it is the resolution of the Town Board.
COUNCILMAN MC1NTEE asked Mr. DiCaro, Town Attorney if this was town law.
MR. DICARO stated that it is not a Town law. The town law has certain deadlines by which the preliminary budget must be approved and by which the actual budget must be approved. When those things prior to that happen is up to the Town Board.
SUPERVISOR ESPOSITO stated that we all want to give the public time to review the budget.
He pointed out to Councilman Mclntee that this has worked long before he became Supervisor.
It seems to have worked very, very well. The public has never complained at the Public Hearing
that they have not had time to review the budget.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
RESOLUTION REGARDING SHARED MUNICIPAL
SERVICE GRANT PROGRAM
CHIEF DICARO stated that the County of Monroe is trying to make an upgrade to some of the radio equipment. Simply we are announcing we are supporting their effort to be able to purchase equipment for us.
SUPERVISOR ESPOSITO stated that we are clearly in a supportive role here. The County is the main party.
RESOLUTION 245-07: MOTION by Councilwoman Tette who moved its adoption:
RESOLVED that the Gates,Town Board hereby approves participation with the County in the Shared Municipal Service Grant Program.
Seconded by Councilman Allkofer.
UNDER DISCUSSION
COUNCILWOMAN TETTE stated that this project relates to the mobile data terminals. They are the computers that are in the police cars. This is a perfect example of County tax dollars benefiting the municipalities. She further explained what the mobile data terminals provide to the police officers. She stated that she is very proud to say that she has had the opportunity to work with Chief Roche and Supervisor Esposito during the early development of the first 911 system. She is very happy to see that the County has stated that they want the towns to participate in this grant application.
SUPERVISOR ESPOSITO thanked Councilwoman Tette for the background information
regarding this matter, it is very helpful. -
VOTE: Allkofer -aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye. Motion Carried.
PROCLAIMING THE WEEK OF OCTOBER 21-27,2007
AS FRIENDS OF TUE LIBRARIES WEEK
RESOLUTION 246-07: MOTION by Supervisor Esposito who moved its adoption:
RESOLVED that the Gates Town Board hereby proclaims the week of October21 — 27, 2007 as Friends of the Libraries Week.
Seconded by Councilman Mclntee. -
UNDER DISCUSSION
MR. LEE STRONG, President of the Friends of the Gates Public Library thanked the Supervisor for putting this on the Town Board agenda and considering it. He stated that the Friends help provide support in various ways for the Gates Public Library. They have fund raising to help pay for programs and equipment , such as the book sales. He then read a portion of the State• proclamation to the Town Board.
SUPERVISOR ESPOSITO then read a portion of the local proclamation. He stated that the Board concurs with the State proclamation.
MRS. AMY GARDNER of the Gates Library Board of Trustees, stated that they are very grateful tO the Friends for their fund raising efforts. They help us to fill in gaps in the budget for computer equipment, programming and some of the things that the Junior Friends use.
SUPERVISOR ESPOSITO asked Mr. Strong to express the Board’s thanks to the Friends for all that they do throughout the year.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye. Motion Carried.
CONSIDERING THE RENEWAL OF THE
CONDITIONAL USE PERMITS FOR TUE FOLLOWING BUSINESSES:
STARBUCKS COFFEE COMPANY -2394 LYELL AVE.; HESS EXPRESS
GATES MANUFACTURED HOUSING - 1531 BUFFALO RD.
SUPERVISOR ESPOSITO stated that the Code Enforcement Officer has reviewed the files, there are no violations against these businesses and he recommends renewal of their Conditional Use Permits.
RESOLUTION 247-07: MOTION by Councilman Mclntee who moved its adoption:
RESOLVED that the Gates Town Board hereby renews the Conditional Use Permit for the Starbuck Coffee Company •— 2394 Lyell Avenue, for a period of one year (through October 1, 2008); subject to the same terms and conditions applicable to the original permit.
Seconded by Councilman Allkofer.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
RESOLUTION 248-07: motion BY Councilman Hart who moved its adoption:
RESOLVED that the Gates Town Board hereby renews the Conditional Use Permit for Hess Express #32456 —465 Spencerport Road, for a period of one year (through October 1, 2008); subject to tEe same terms and conditions applicable to the original permit..
Seconded by Councilwoman Tette.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
RESOLUTION 249-07: MOTION by Councilwoman Tette who moved, its adoption:
RESOLVED that the Gates Town Board hereby renews the Conditional Use Permit for Hess Express #32461 — 1511 Buffalo Rd., for a period of one year (through October 1, 2008); subject to the same terms and conditions applicable to the original permit.
Seconded by Councilman Hart.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
RESOLUTION 250-07: MOTION by Councilwoman Tette who moved its adoption:
RESOLVED that the Gates Town Board hereby renews the Conditional Use Permit for Gates Manufactured Housing — 1531 Buffalo Rd. for a period of one year (through October 1, 2008); subject to the same terms and conditions applicable to the original permit.
Seconded by Councilman Hart.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
AUTHORIZING THE FINANCE DIRECTOR
TO MAKE THE FOLLOWING FUND TRANSFERS:
WITHIN THE 2007 BUDGET
RESOLUTION 251-07: MOTION by Councilman Allkofer who moved its adoption:
RESOLVED that the Gates Town Board hereby authorizes the Finance Director to make the following funf transfers within the 2007 budget:
GENERAL FUND - CONTINGENCY.
From: A00-l990-4850 Contingency ($1,964.16)
To: A00-1355-2000 Assessor — Capital Equipment $1,964.16
GENERAL FUND - RECREATION ADMINISTRATION
From: A00-7310-l000 Rec. Youth Wages ($3,606.90)
To: A00-70204030 Rec. Adinin. Fixtures &
Upgrades $3,606.90
Seconded by Councilman Hart.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
CONSIDERING THE REQUEST FOR STOP SIGNS
AT THE INTERSECTION OF GATEWOOD AVE.
AND RELLIM BLVD.
SUPERVISOR ESPOSITO stated that the Board has received a petition from the residents of Gatewood Ave. and Rellim Blvd. Our usual procedure is to receive the petition and appoint two Board members to go with the Chief of Police to review the site, talk to the people that have signed the petition and report back to the Town Board at the next Town Board meeting. The Supervisor will notify the people that have signed the petition by letter as to what is going to take place.
MR. ROGER SKINNER, 244 Gatewood Ave., stated that they have stop signs on Gatewood Ave. on each side of Rellim Blvd, people still fly through there, there’s the school and young children living in the area. Something needs to be done to slow the cars down.
SUPERVISOR ESPOSITO suggested that Councilwoman Tette, Councilman Allkofer and
Chief DiCaro visit the area. They will talk to the people who signed the petition and other people in the neighborhood.
RESOLUTION 252-07: MOTION by Councilwoman Tette who moved its adoption:
RESOLVED that the Gates Town Board hereby tables the request for stop signs: at the intersection of Gatewood Ave. and Rellim Blvd. to the November 7, 2007 Town Board meeting.’
Seconded by Councilman Allkofer
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
APPOINTING BRITTNEY ANDERSON AND
CHRISTOPHER GRIMM TO THE GATES SPECIAL POLICE
SUPERVISOR ESPOSITO stated that the Board is• very proud of the efforts of the Special Police. They help out the Gates Police Department fti so many different ways.
CHIEF DICARO stated that they have started to try and recruit members from the area colleges.
Monroe Community College has been one of the colleges that have worked out well for them.
He introduced the two young people who were being appointed. Chris Grimm is from Roberts
Wesleyan College. Brittney Anderson is from Monroe Community College. They are pursuing
law or police careers.
RESOLUTION 25-07: MOTION by Supervisor Esposito who moved its adoption:
RESOLVED that the Gates Town Board hereby appoints Brittney Anderson and Christopher Grimm to the Gates Special Police.
Seconded by Councilman Hart.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
APPROVING A TENT PERMIT FOR TOTAL
SPORTS EXPERIENCE FOR THE SPECIAL
OLYMPICS OF NEW YORK’S FALL STATE GAMES
SUPERVISOR ESPOSITO stated that the Board has received copies of this request. This request is for a number of tents. The games will take place at 880 Elmgrove Road on October 6, 2007.
RESOLUTION 254-07: MOTION by Councilman Mclntee who moved its adoption:
RESOLVED that the Gates Town Board hereby approves a Tent Permit for Total Sports Experience; to erect 8 tents on their property located at 880 Elmgrove Rd. for the Special Olympics of New York’s Fall State Games.
Permission for the tents to be erected is granted from October 4, 2007 through October 8, 2007, and subject to the approval of the Gates Fire Marshal. The permit fee is waived.
Seconded by Councilman Hart.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE GATES CHILI SCHOOL DISTRICT AND THE TOWN
OF GATES FOR THE GATES ACTIVITY PROGRAM -A BEFORE AND
AFTER SCHOOL WARP - AROUND PROGRAM (GAP)
SUPERVISOR ESPOSITO stated that the Board has received copies of this contract. He asked Recreation &, Parks Director, Linda Fowler, to address the Board regarding this program.
MRS. FOWLER stated that the Gates Activity Program is a wrap- around program that they have been running at Neil Armstrong School. The children arrive at 7:00 A.M. before scho9l starts and children go right from this program to school. When school ends, they come back to the program until approximately 6:00 P.M. This agreement is a renewal. Last year they did this as a Pilot program. This year, since it worked out well, and it was well received by the parents of the community, they decided to continue it. This is actually a renewal of the program, they took out the word Pilot and some of the other wording to make it an official program. If it is successful and the school district feels that there is room, they hope to expand it to Washington Irving School next.
SUPERVISOR ESPOSITO stated that the agreement has already been approved by the School District, as it has been signed by Mr. Stein, Superintendent of the Gates Chili School District.
RESOLUTION 255-07: MOTION by Supervisor Esposito who moved its adoption:
RESOLVED that the Gates Town Board hereby approves the Memorandum of Understanding between the Town of Gates and the Gates Chili School District for the Gates Activity Program, a before and after school wrap around program. (GAP).
Seconded by Councilwoman Tette.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; .Tette — aye; Esposito — aye.
Motion Carried.
NEW BUSINESS OF COUNCIL MEMBERS
COUNCILMAN ALLKOFER commended everyone involved in the Gates Family Fun Day. Everyone had a lot of fun. It was very successful.
COUNCILMAN HART reminded everyone about the 50th Anniversary Sock Hop being held by the Recreation & Parks Department at Washington Irving School on October 6, 2007.
COUNCILMAN MCINTEE expressed his concerns regarding the Monroe County Executive’s F.A.I.R. tax plan. He is concerned that the town will lose the County Sales Tax money and the town needs that money.
SUPERVISOR ESPOSITO stated that he understands Councilman Mclntee’s concerns but he is confident, at this point, that Gates will not lose sales tax revenue.
REPORTS
ACCEPTING THE SUPERVISOR’S REPORT
V FOR THE MONTH OF SEPTEMBER 2007
SUPERVISOR ESPOSITO read his report for the month of September 2007 showing Receipts of $442,288.24 and Disbursements of $795,504.52.
RESOLUTION 256-07: MOTION by Councilman Ailkofer who moved its adoption:
RESOLVED that the Supervisor’s Report for the month of September 2007 be and hereby is accepted as read.
Seconded Councilwoman Tette.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
ACCEPTING THE TOWN CLERK’S REPORT
FOR THE MONTH OF SEPTEMBER 2007
RICHARD WARNER, Town Clerk, read his report for the month of September, 2007 showing the following:
TOTAL REVENUES TO THE SUPERVISOR $14,646.93
AMOUNTS DISBURSED TO OTHER GOVERNMENTS $ 9,610.04
TOTAL DISBURSEMENTS $24,256.97
A breakdown of this report is on file in the Town Clerk’s office.
RESOLUTION 257-07: MOTION by Councilman Allkofer who moved its adoption:
RESOLVED that the Town Clerk’s report for the month of September 2007 be and hereby is accepted as read.
Seconded by Councilman Mclntee.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
PERSONNEL STATUS REPORT
MR. WARNER read the Personnel Status Report for the information of the Board. V
WARRANTS
SUPERVISOR ESPOSITO read the following warrants for approval and payment. He noted that the Warrants for August 2007 had been examined by the Town Board and paid.
GENERAL FUND
Accounts Payable
Cl#1118—1245 $61,303.60
HIGHWAY FUND
Accounts Payable
Cl#0340—0367 $24,191.42
LIBRARY FUND
Accounts Payable
Cl#0160—0183 $10,845.56
RESOLUTION 258-07: MOTION by Councilman Hart who moved its adoption:
RESOLVED that the Warrants for the month of September 2007 be and hereby are approved as read; subject to the approval of the Gates Town Boar&
Seconded by Councilwoman Tette.
VOTE: Allkofer — aye; Hart — aye; Mclntee — aye; Tette — aye; Esposito — aye.
Motion Carried.
There being no further business to come before the Board, Councilman Hart made a motion to adjourn the meeting. Councilwoman Tette seconded the motion. All were in favor; the motion carried. Supervisor Esposito adjourned the meeting at 9:00 P.M.
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Town Clerk
October 15, 2007
The Gates Town Board held a Budget Workshop on October 15, 2007 at 7:00 P.M. Supervisor Esposito called the workshop to order. He stated that the purpose of the workshop is to address the 2008 Town Budget He noted that the Budget which he has submitted to the Board for consideration calls for a total budget of $14,464,680. The amount to be raised by taxes is $9,919,650.. The tax rate is $688 which is the same as last year’s tax rate, and provides no tax increase in the budget that the Board have before them.
Supervisor Esposito and the Town Board went through the budget page by page, noting various items and discussing them thoroughly. There are no wage increases for the Town Board in 2008. The tape of the Budget Workshop will be kept on file for reference.
RESOLUTION 259-07: MOTION by Supervisor Esposito who moved its adoption:
RESOLVED that the Gates Town Board hereby approves the tentative budget as the 2008 Preliminary Budget. The Public Hearing to be held Wednesday, November 7, 2007 at 7:30 P.M. The Town Clerk is hereby directed to prepare 25 copies of said Budget and make it available to the public.
Seconded by Councilwoman Tette.
VOTE: Allkofer — aye; Hart — aye; Mclntee — nay; Tette — aye; Esposito — aye.
Motion Carried.
Supervisor Esposito adjourned the Budget Workshop.
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Town Clerk