Town Board
February 4, 2008
-The Gates Town Board held a Public Hearing and its regular Town Board meeting on Monday, February 4, 2008, at the Gates Town Hall, 1605 Buffalo Road, beginning at 7:45 P.M. Those in attendance for the Public Hearing and regular Town Board meeting were as follows:
Ralph J. Esposito Supervisor
Frank X. Allkofer Councilman
Christopher B. DiPonzio Councilman
Mark A. McIntee Councilman
Elaine P. Tette Councilwoman
John DiCaro Town Attorney
Richard Warner Town Clerk
7:45 P.M. PUBLIC HEARING
CONSIDERING THE APPLICATION OF
ALEX SIGISMONDI FOR A CONDITIONAL
USE PERMIT FOR AN ELECTRIC FENCE
AT 30 PERSON PLACE IN A GENERAL
BUSINESS DISTRICT
SUPERVISOR ESPOSITO called the Public Hearing to order at 7:45 P.M. The Town Attorney verified that the Legal Notice had been published as required.
MR. ALEX SIGISMONDI, owner of the property, made the presentation. He stated that he will be using this site for storage of equipment i.e. snowplows, lawn mowers, dumpsters, backhoes and other construction equipment for his business. They moved to this location because of the many break-ins that have been occurring at his former location (the old Coldwater Lumber building) because they can not erect a fence at that location because they back up to the railroad tracks.
SUPERVISOR ESPOSITO asked if Mr. Sigismondi had any plans to change the use of the lot.
MR. SIGISMONDI replied he is just going to store equipment there.
Mr. Don Ioannone, 24 Person Place, stated that there is a sign on the fence stating that the fence is 9,000 volts of electric. Is there any information that is available to the public in regards to this?
MR. SIGISMONDI replied he did not know. He has not contacted the fence company yet. The fence is turned off at the present time. He is not looking to change anything just keep it the same as it was.
SUPERVISOR ESPOSITO stated that the Town Board approved the electric fence some years ago. He does not recall what the voltage was. He will find out exactly what the voltage is, but whatever it is now it has already been approved and he would expect that it would be approved in the future.
COUNCILMAN MCINTEE asked if Mr. Sigismondi planned on turning on the electric fence.
MR. SIGISMONDI replied at the present time no, right now they are just putting empty roll-off boxes there until he contacts the fence company to find out about the fence. He presently rents space in Gates on Cherry Road (the old Coldwater Lumber Company). He has been robbed several times. They cannot install a fence at this location because the property backs up to the railroad bed. At this location he would be able to prevent the same problem that he already has, that is the reason why he would really like to keep the fence.
COUNCILMAN ALLKOFER asked if construction equipment will be stored there.
MR. SIGISMONDI replied that they will store loaders, plow trucks, lawn mowers, tractors etc.
COUNCILMAN ALLKOFER asked if they would be using the garage for maintenance repairs.
MR. SIGISMONDI stated some day in the future he would like to put a shop there, but that’s many years down the road.
COUNCILMAN ALLKOFER asked how many employees there were.
MR. SIGISMONDI replied that there are approximately 15 full-time employees.
RESOLUTION 54-08: MOTION by Councilwoman Tette who moved its adoption:
RESOLVED that the Gates Town Board hereby approves a Conditional Use Permit for Mr. Alex Sigismondi for an electric fence at 30 Person Place; subject to the following conditions:
1. The term of the Conditional Use Permit is one (1) year.
Seconded by Councilman DiPonzio.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
Supervisor Esposito adjourned the Public Hearing at 7:50 P.M.
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 55-08: MOTION by Councilman McIntee who moved its adoption:
RESOLVED that the Gates Town Board approves the minutes of the January 7, 2008 Public Hearing and regular Town Board Meeting as received.
Seconded by Councilman Allkofer.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
SUPERVISOR ESPOSITO stated that he has received a request from the Rotary International for a proclamation, which they are asking the towns throughout Monroe County to participate in. He indicated to them that we would be happy to put this proclamation to the Rotary in our record.
SUPERVISOR ESPOSITO highlighted items in the Proclamation and then made the following proclamation: “I Ralph J. Esposito, Supervisor of the Town of Gates hereby proclaim February 23, 2008 as Rotary Day in the Town of Gates, and encourage all citizens to join him in recognizing the Rotary International for its more than 100 years of service to improving the human condition in local communities around the world.”
SUPERVISOR ESPOSITO stated that we will notify the Rotary that the proclamation was presented to the public and Town Board at this meeting.
AUDIENCE PARTICIPATION
MS. SUSAN SWANTON, 284 Gatewood Ave. addressed the Board on the following items: Chili’s Website; Cable Contract and property values.
SUPERVISOR ESPOSITO addressed Ms. Swanton’s questions.
MRS. AMY GARNDER, Library Board of Trustees, stated that all the information that can be found on the Chili website are all available in the Gates Public Library.
MR. ALEX SIGISMONDI, 320 Jordon Avenue, expressed his ideas for utilizing one refuge company for the town, instead of several. It would save the residents money.
SUPERVISOR ESPOSITO stated that this subject came up several years ago and extensive research was done on this subject. It was decided at that time that this idea was not a feasible one for many reasons.
STEPHEN TUCCIARELLO, Monroe County Legislator, expressed his gratitude to the Supervisor and Town Board for a job well done in keeping the taxes and services stable in the Town of Gates. He stated that he is always at the Supervisor’s disposal if needed.
SUPERVISOR ESPOSITO stated that he always appreciates his help.
CORRESPONDENCE – NONE
OLD BUSINESS – NONE
NEW BUSINESS
APPROVING THE HIGHWAY DEPARTMENT
PURCHASE, OFF STATE BID, OF (1)
CATERPILLAR INDUSTRIAL LOADER BACKHOE,
TOTAL APPROXIMATE COST $70,522.00
RESOLUTION 56-08: MOTION by Councilman Allkofer who moved its adoption:
RESOLVED that the Gates Town Board hereby approves the Highway Department purchase, off State Bid, of (1) Caterpillar Industrial Loader Backhoe, total cost approximately $70,522.00.
Seconded by Councilman DiPonzio.
UNDER DISCUSSION
COUNCILMAN MCINTEE questioned the multi-purpose bucket, and the clam bucket, which bucket will be purchased?
JOE AMICO, Highway Superintendent, stated that Caterpillar calls it a multi-purpose bucket and all he did was hand write clam bucket, to make it clearer.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
APPROVING THE HIGHWAY DEPARTMENT
PURCHASE, OFF STATE BID, OF (3) FORD
PICKUP TRUCKS WITH BODIES AND PLOWS, TOTAL
APPROXIMATE COST $107,014.27
RESOLUTION 57-08: MOTION by Councilwoman Tette who moved its adoption:
RESOLVED, that the Gates Town Board hereby approves the Highway Department purchase, off State Bid, of 3 Ford Pickup Trucks with bodies and plows, total approximate cost $107,014.27.
Seconded by Councilman DiPonzio.
UNDER DISCUSSION
COUNCILMAN MCINTEE asked if all three trucks would have plows.
MR. AMICO replied no, only one truck would have a plow, just the first one. The only one that will have a plow is the four-wheel drive. It replaces current truck #6. The other two trucks are two wheel drive, one to replace the metal truck, it will have a little bigger body and one to replace truck 7, that is old. It will be a quad-cab for when they go out and do all their County work. It is easier to get four people in a quad-cab than bring a second vehicle.
COUNCILMAN MCINTEE asked if these truck were the ones that were most needed or should the 6 and 8 wheel dump trucks be purchased first?
MR. AMICO replied that right now the 6 and 8 wheel trucks are pretty good .
COUNCILMAN MCINTEE stated that he looked at the Highway vehicle list and some of those dump trucks are very old.
MR. AMICO stated the pickup trucks get used every day where the big trucks don’t. The pickups are worn out. In the last few years they have gotten a couple of 10 wheelers and one six wheeler. They definitely need these three pickup trucks.
COUNCILMAN MCINTEE stated that he noticed that truck #58 and #59 are 1980 models.
MR. AMICO stated that all they use these trucks for is to plow or pickup debris.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
APPOINTING JOHN UNSON, 2510 CHERRY ROAD,
TO THE GATES RECREATION & PARKS COMMISSION
TO FILL THE UNEXPIRED TERM OF COUNCILMAN DIPONZIO
SAID TERM TO EXPIRE JUNE 6, 2012
SUPERVISOR ESPOSITO stated that we have a very pleasant duty to perform , to fill an appointment caused by the election of Councilman DiPonzio. We have an excellent individual who has indicated an interest in serving on this Board. He is very much involved in this community. He asked Mrs. Ride, Chairperson of the Recreation & Parks Commission to address the Board.
MRS. RIDE thanked the Board for considering John Unson. He is an exemplarity human being. She has had the pleasure of working with Mr. Unson at the Gates Chili High School. He will be an absolute asset.
RESOLUTION 58-08: MOTION by Councilman DiPonzio who moved its adoption:
RESOLVED, that the Gates Town Board hereby appoints John Unson, 251 Cherry Road, to the Gates Recreation & Parks Commission; to fill the unexpired term of Councilman DiPonzio; said term to expire June 6, 2012.
Seconded by Councilman Allkofer.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
APPROVING THE TEAMSTERS LOCAL 118
CONTRACT WITH THE GATES HIGHWAY
DEPARTMENT
SUPERVISOR ESPOSITO stated that this contract has been negotiated for the past few months with Mr. Toole, Mr. Bovenzi and himself. This is a workable contract. Mr. Bovenzi called the Supervisor earlier today to indicate that it was passed this afternoon by the members of the Teamsters by a vote of 12 to 3. Mr. Toole is out of town, but Mr. Bovenzi is here to answer any questions the Board may have.
RESOLUTION 59-08: MOTION by Supervisor Esposito who moved its adoption:
RESOLVED that the Gates Town Board hereby approves the negotiated contract as presented for 2008 – 2009 with the Teamsters Union Local 118.
Seconded by Councilman McIntee.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
AUTHORIZING THE FINANCE DIRECTOR
TO MAKE THE FOLLOWING FUND
TRANSFER WITHIN THE 2007 BUDGET
RESOLUTION 60-08: MOTION by Supervisor Esposito who moved its adoption:
RESOLVED that the Gates Town Board hereby authorizes the Finance Director to make the following fund transfer within the 2007 Budget.
LIBRARY FUND – EMPLOYEE BENEFITS
From: L9060-8000 Hospitalization, Dental, Vision ($4,950.00)
To: L7410-2003 Technology Equipment over $250 $4,950.00
Seconded by Councilwoman Tette.
UNDER DISCUSSION
AMY GARDNER, Library Trustee, stated that after their December Library Board meeting they had some money leftover from Medical Insurance Expenses and the Library purchased some new computer equipment to replace some that was not working and outdated.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
ACCEPTING THE 2007 YEAR END REPORT
OF JUDGE PISATURO AND JUDGE PUPATELLI
SUPERVISOR ESPOSITO stated that the Board has received copies of these reports. They show an extensive amount of activity in the courts, not so much in criminal violations but there are a number of parking tickets, vehicle traffic and town ordinances violations. It is a very busy court as shown by the numbers. It is a court that generates a considerable amount of revenue for the Town of Gates through fines collected. He thanked the courts and the staff for handling the busy and heavy workload that they have.
RESOLUTION 61-08: MOTION by Supervisor Esposito who moved its adoption:
RESOLVED that the Gates Town Board hereby accepts the 2007 Year End Reports of Judge Pisaturo and Judge Pupatelli as received.
Seconded by Councilman DiPonzio.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
CONSIDERING A CHANGE IN THE TOWN’S
DOG VIOLATION FEE SCHEDULE
SUPERVISOR ESPOSITO stated that the Police Chief has recommended some changes based upon discussions with the animal control officer. He asked Chief DiCaro to comment on this matter.
CHIEF DICARO stated that this is really about compliance, trying to get people to recognize they have an obligation to their neighbors. Tickets are often issued only after we have tried a few times to work with the people.
RESOLUTION 62-08: MOTION by Councilman Allkofer who moved its adoption:
RESOLVED that the Gates Town Board hereby approves the changes in the Town’s Dog Violation Fee Schedule.
Seconded by Councilman DiPonzio.
UNDER DISCUSSION
COUNCILMAN MCINTEE stated so we are moving the first offence from $25.00 to $50.00 and the second offence from $50.00 to $100.00, is that correct?
SUPERVISOR ESPOSITO replied that is correct.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
NEW BUSINESS OF COUNCIL MEMBERS
COUNCILMAN ALLKOFER stated that since our last Town Board meeting we have had a couple of windstorms and heavy snow. He extended a personal thank you to the Police Chief, Highway Superintendent and his staff for the great job that they did during these storms. It is very much appreciated.
COUNCILWOMAN TETTE stated that on her side of town, they will be closing the Wegmans store on Brooks Ave. She thanked all the employees who worked there. They were always friendly and helpful. A little part of our community will be lost. She is appreciative that Wegmans is keeping the building open for storage and warehousing and that it will stay on the tax rolls. She just wanted to say thank you to the people who worked in that store.
COUNCILMAN MCINTEE stated that he would also like to thank the Highway Department for their work during the wind storms. He went out to the Highway garage a few days after the first wind storm and saw some of the damage and how hard the guys were working.
COUNCILMAN MCINTEE stated that there was a nice article about Chili’s website in the newspapers. He has been on the site, however, he could not find the budget. Our website is improving, there have been more forms put on the site. He has asked the Supervisor to put the draft of the agenda for Town Board meetings on our website. That will be coming. It’s an ongoing process, it will take some time but we are getting there.
SUPERVISOR ESPOSITO thanked the various Boards and staff for their good suggestions as to what we need to do to upgrade the website. He appreciates all their help. It will continue to improve.
COUNCILMAN DIPONZIO thanked the Police and Highway Department for all they did during the wind storms. He also thanked the Red Cross and Town staff members who made themselves available when the Town Hall became a shelter for those people that needed it.
REPORTS
ACCEPTING THE SUPERVISOR’S REPORT
FOR THE MONTH OF JANUARY 2008
SUPERVISOR ESPOSITO read his report for the month of January 2008 showing Receipts of $3,436,610.81 and Disbursements of $1,849,992.53.
RESOLUTION 63-08: MOTION by Councilman Allkofer who moved its adoption:
RESOLVED that the Supervisor’s Report for the month of January 2008 be and hereby is accepted as read.
Seconded by Councilwoman Tette.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
ACCEPTING THE TOWN CLERK’S REPORT
FOR THE MONTH OF JANUARY 2008
RICHARD WARNER, Town Clerk, read his report for the month of January 2008 showing the following:
TOTAL REVENUES TO THE SUPERVISOR $23,390.74
AMOUNT DISBURSED TO OTHER GOVERNMENTS $ 2,488.43
TOTAL DISBURSEMENTS $25,879.17
A breakdown of this report is on file in the Town Clerk’s office.
RESOLUTION 64-08: MOTION by Councilman Allkofer who moved its adoption:
RESOLVED that the Town Clerk’s Report for the month of January 2008 be and hereby is accepted as read.
Seconded by Councilman McIntee.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
PERSONNEL STATUS REPORT
MR. WARNER read the Personnel Status Report for the Board’s information.
WARRANTS
SUPERVISOR ESPOSITO read the following warrants for approval and payment. He noted that the warrants for December 2007 had been examined by the Town Board and paid.
GENERAL FUND
Accounts Payable
Cl # A07-1665-1724 $50,462.47
Cl # A08-0001 – 0103 $42,074.87
HIGHWAY FUND
Accounts Payable
Cl # D07-0462 – 0471 $17,625.45
Cl # D08- 0001 – 0026 $22,140.13
LIBRARY FUND
Accounts Payable
Cl # L07-0271 – 0290 $21,322.90
Cl # L08-0001 – 0017 $ 3,234.91
RESOLUTION 65-08: MOTION by Councilman Allkofer who moved its adoption:
RESOLVED that the Warrants for the month of January 2008 be and hereby are approved as read; subject to the approval of the Gates Town Board.
Seconded by Councilman McIntee.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
There being no further business to come before the Town Board, Councilman Allkofer made a motion to adjourn the meeting. Councilman DiPonzio seconded the motion. All were in favor; the motion carried. Supervisor Esposito adjourned the meeting at 8:30 P.M.
___________________________________________
Town Clerk