Town Board
March 3, 2008
-The Gates Town Board held its regular Town Board meeting on Monday, March 3, 2008, 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
Christopher B. DiPonzio Councilman
Mark A. McIntee Councilman
Elaine P. Tette Councilwoman
John DiCaro Town Attorney
Donna LaPorta Deputy Town Clerk
ABSENT: Richard Warner Town Clerk
8:00 P.M. REGULAR TOWN BOARD
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 66-08: Motion by Councilman Allkofer who moved its adoption:
Resolved that the Gates Town Board hereby approves the Minutes of the February 4, 2008 regular Town Board meeting as received.
Seconded by Councilman DiPonzio.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
AUDIENCE PARTICIPATION
SUSAN SWANTON, 284 Gatewood Avenue, addressed the Board regarding the following: status of Cable 12. She also addressed the Gates Public Library expansion. She would like to see a big push for funding, rather than relying on public tax dollars, for the expansion. She also discussed a needs assessment report for the whole town.
SUPERVISOR ESPOSITO stated that the towns on the west side of the County are still working towards a site for public access cable and an operator for it. They have approached SUNY Brockport, they are considering our request for a site location there. They will be meeting tomorrow afternoon and getting back to us with respect to what they can or cannot do for the municipalities. He would expect that the municipalities will have a meeting to review what takes place tomorrow. The meeting should take place the beginning of next week.
SUPERVISOR ESPOSITO then addressed Ms. Swanton’s suggestions regarding Library fund raising and needs assessment.
CORRESPONDENCE – NONE
OLD BUSINESS – NONE
NEW BUSINESS
APPROVING THE INCREASE IN BUILDING FEES AND BOARD FEES
SUPERVISOR ESPOSITO stated that he has received a recommendation from the Director of Public Works, which the Town Board has received copies of. It is a comparison of the current fees and the proposed fees.
RESOLUTION 67-08: Motion by Councilman DiPonzio who moved its adoption:
Resolved that the Gates Town Board hereby approves the increase in Building fees and Board fees as outlined in the February 13, 2008 communication.
Seconded by Councilwoman Tette.
UNDER DISCUSSION
COUNCILWOMAN TETTE stated that while there are increases, they are very small increases. She can see from looking at other towns that we are still in line with the other towns and in some instances we are still even lower than some other towns.
COUNCILMAN MCINTEE stated that he has also looked at the comparisons and he has a different prospective on it. He has actually been approached by a builder about this just recently. The builder had two people walk through his model, wishing to buy it, and when the realtor told them at the very end what the taxes would be, they both backed out. The building industry is a very volatile market, things are not looking good for it. Builders are trying to cut costs everywhere they can. We don’t have a lot of construction in town but what we do have we need to keep. They are having a very hard time both on the commercial and residential end. Any fees that are increased they need to pass along. Unfortunately we have the second highest tax rate in Monroe County, which does cause a light problem even though we have our Police Department. He does not think at this time it is the thing to raise these fees.
SUPERVISOR ESPSOITO stated that the problem with Councilman McIntee’s comment is that, first of all this is not a tax as such. The development in town that is taking place is in the range of $200,000 homes. He finds it hard to believe that a $200 fee is going to effect the cost of a $200,000 home, if you are looking at it in the first place. The Second factor is every time we raise one of those fees we make sure, in essence, that we keep the taxes low for everybody in this room, that’s the difference. It is a trade-off. You make your trade-off for what you want to do. I propose to, hopefully, raise these fees because every fee we raise, and we should be looking at Recreation fees and raising those as well, every fee we raise helps the taxpayers in this community keep their tax rate down. That’s the trade-off.
COUNCILMAN MCINTEE stated that is the trade-off. Some of these houses are more in the $170 to $180 range, by the way. When somebody can choose Gates or Ogden at that same rate, I would rather see them come to Gates. If they come to Gates we do get a very good chunk of money from them.
SUPERVISOR ESPOSITO stated that his first responsibility is to the existing taxpayers in this community not for people that maybe moving in or may not be moving in.
COUNCILMAN MCINTEE stated that in the commercial end it is getting very difficult and we want all the commercial we can in town.
SUPERVISOR ESPOSITO replied yes we do.
COUNCILWOMAN TETTE stated that she has had an engineer in one of the leading engineering firms approach her, who is always telling her that our fees are too low and that we should keep them in line with other municipalities. She agrees with Councilman McIntee but also we have to think, we don’t want it to look like, come to Gates where everything is lower.
COUNCILMAN MCINTEE stated that he thinks at this time, it is not the appropriate time.
COUNCILMAN ALLKOFER stated that it does take the burden off the taxpayers.
SUPERVISOR ESPOSITO stated that the real property tax is not a fair tax in terms of your ability to pay. So anything we can do to keep the tax down we should be doing, whether its fees, user fees or grants, etc. These are the different ways we have to try and relief the burden of the taxpayers. This is one way it can be done.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – nay; Tette – aye; Esposito – aye.
Motion Carried.
APPROVING THE ROCHESTER – MONROE COUNTY
YOUTH BUREAU AGREEMENT FOR THE
TOWN OF GATES
SUPERVISOR ESPOSITO stated that this is annual agreement. It allows the Town to receive $15,000 in revenue, by providing programs that fit within the Youth Bureau’s agreement.
RESOLUTION 68-08: Motion by Councilwoman Tette who moved its adoption:
Resolved that the Gates Town Board hereby approves the Rochester – Monroe County Youth Bureau Agreement for the Town of Gates.
Seconded by Councilman DiPonzio.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
APPROVING THE 2008 LIFESPAN SERVICE
AGREEMENT FOR THE TOWN OF GATES
SUPERVISOR ESPOSITO stated that the Board has received a copy of this service agreement. It is a very inexpensive cost at $4,303 and a very good service for our older citizens and their caregivers.
RESOLUTION 69-08: Motion by Councilwoman Tette who moved its adoption:
Resolved that the Gates Town Board hereby approves the 2008 Lifespan Agreement for the Town of Gates. ($4,3030).
Seconded by Councilman DiPonzio.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
APPROVING AN AGREEMENT FOR COLLECTION
SERVICES BETWEEN THE PROFESSIONAL
ACCOUNT SOLUTIONS GROUP AND
THE TOWN OF GATES
SUPERVISOR ESPOSITO stated that this is a contract that will be utilized in the Courts. The collection service will provide two letters and a phone call to be made for this individuals that are delinquent in paying the fines that the court imposes. There is a 20% collection fee, which is basically a normal fee for this collection agency. The proximity of the business, which is in Ogden, as compared to our current provider and the fact that there will be some administrative cost, for example, dealing with postage etc., this new provider will be cheaper. All and all it is a better proposal from a financial point and its a more effective collection method.
RESOLUTION 70-08: Motion by Councilman McIntee who moved its adoption:
Resolved that the Gates Town Board hereby approves the Agreement for Collection Services between the Professional Account Solutions Group and the Town of Gates.
Seconded by Councilman Allkofer.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
APPROVING THE EMCO COMMERICAL
FLORRING CO.’S PROPOSAL FOR NEW
CARPETING FOR THE LOBBY, MAIN CORRIDOR
AND THE CORRIDOR/ENTRANCE TO THE
POLICE DEPARTMENT
SUPERVISOR ESPOSITO stated that the Board has received copies of the quotes for the new carpeting, with a 4” vinyl base. This base will provide extra protection for the carpeting.
RESOLUTION 71-08: Motion by Councilwoman Tette who moved its adoption:
Resolved that the Gates Town Board hereby approves the EMCO Commercial Flooring Co.’s proposal for new carpeting for the lobby, main corridor, and the corridor/entrance to the Police Department.
Seconded by Councilman DiPonzio.
UNDER DISCUSSION
SUPERVISOR ESPOSITO noted that this will be taken out of the Buildings and Grounds Miscellaneous Account. Additional monies were put into this account for this purpose.
COUNCILMAN MCINTEE asked why they did not vote on what the Assessor’s office got vs. this carpet.
SUPERVISOR ESPOSITO replied because they had a line budget for it.
COUNCILMAN MCINTEE asked is that the $9,500 for building equipment?
SUPERVISOR ESPOSITO replied yes. They had a line budget for a specific purpose and that’s where that money went. Had this been a line item we would not have to vote on it.
COUNCILMAN MCINTEE stated that he does not want to really spend the money on town Hall. He thinks its more the people that are the Town Hall, that to him they make the Town Hall vs. what the carpet looks like. We have great people in this Town Hall, they are friendly, courteous, and knowledgeable. That is more important, in his book.
SUPERVISOR ESPOSITO stated that everyone agrees that they are doing a fine job, they’re great employees, what is Councilman McIntee suggesting, a pay raise for the employees?
COUNCILMAN MCINTEE replied no, but the people in the town think the employees are great. He thinks they should do more for the town, i.e. sidewalks and what ever. There is always more to be done.
SUPERVISOR ESPOSITO stated that Councilman McIntee knows the town is doing that every year.
COUNCILWOMAN TETTE stated that some of the carpet in the halls is getting very deteriorated. Every time she signs the vouchers for the cleaning of these carpets, she says, why are we spending the money to clean them when the dirt comes right through again. We are spending good money on carpeting that is not getting cleaned. We are just throwing money away and she would like to see us putting some money into new carpeting, than cleaning the old carpet.
COUNCILMAN MCINTEE asked if any of these areas where the carpeting is going, had roof leaks in the area. Because that’s another issue we have to deal with.
SUPERVISOR ESPOSITO replied no. The roofing will be addressed. However, it does not effect this particular matter.
COUNCILWOMAN TETTE stated that this is her argument with the library too. The library has been neglected for so long in regards to the maintenance, the carpeting, painting etc. Now all of a sudden we need a new 5 million dollar library. So if you do not maintain it, it will at some point catch up with you. The Assessor’s office looks more professional now. It is layout better to serve the people.
COUNCILMAN MCINTEE stated that now you are also running into the issue about when you have redone the Assessor’s office, how about the Clerk’s office, how about the Building Department.
SUPERVISOR ESPOSITO stated that again that is up to the departments to put it in their budgets and make a proposal. That’s what a budget proposal is all about, you passed the budget with that line item in it, because they justified that line item, that they wanted to spend that much money on it. If another department wants to come in with those kinds of requests then we should consider them.
COUNCILMAN MCINTEE stated that he feels we should spend the money other ways.
COUNCILWOMAN TETTE stated that she doesn’t want to see the Bloger put any more pictures on the web showing the lack of maintenance of the town hall and the library. It is an affront to all of us sitting up here.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – nay; Tette – aye; Esposito – aye.
Motion Carried.
CONSIDERING THE RENEWAL OF THE CONDITIONAL USE
PERMITS FOR THE FOLLOWING BUSINESSES: CARDWELL
CONSTRUCTION – 955 BUFFALO RD.; TIM HORTON’S – 1563
SPENCERPORT RD.; VALVOLINE INSTANT OIL CHANGE –
427 SPENCERPORT RD.; VELOCITY EXPRESS – 48
SPENCERPORT RD.; YMCA – 920 ELMGROVE RD.;
CLASSY CHASSIS – 2150 LONG POND 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 72-08: Motion by Councilman McIntee who moved its adoption:
Resolved that the Gates Town Board hereby renews the Conditional Use Permit for Cardwell Construction – 955 Buffalo Rd., for a period of one year (through March 3, 2009); subject to the same terms and conditions applicable to the original permit.
Seconded by Councilman Allkofer.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
RESOLUTION 73 -08: Motion by Councilman Allkofer who moved its adoption:
Resolved that the Gates Town Board hereby renews the Conditional Use Permit for Tim Horton’s – 1563 Spencerport Rd., for a period of one year (through March 3, 2009); subject to the same terms and conditions applicable to the original permit.
Seconded by Councilman McIntee.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
RESOLUTION 74-08: Motion by Councilman McIntee who moved its adoption:
Resolved that the Gates Town Board hereby renews the Conditional Use Permit for Valvoline Instant Oil Change – 427 Spencerport Rd. for a period of one year (through March 3, 2009); subject to the same terms and conditions applicable to the original permit.
Seconded by Councilman DiPonzio.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
RESOLUTION 75-08: Motion by Councilwoman Tette who moved its adoption:
Resolved that the Gates Town Board hereby renews the Conditional Use Permit for Velocity Express – 48 Spencerport Rd., for a period of one year (through March 3, 2009); subject to the same terms and conditions applicable to the original permit.
Seconded by Councilman DiPonzio.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
RESOLUTION 76-08: Motion by Councilman Allkofer who moved its adoption:
Resolved that the Gates Town Board hereby renews the Conditional Use Permit for the YMCA – 920 Elmgrove Rd., for a period of one year (through March 3, 2009); subject to the same terms and conditions applicable to the original permit.
Seconded by Councilman McIntee.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
RESOLUTION 77-08: Motion by Councilman DiPonzio who moved its adoption:
Resolved that the Gates Town Board hereby renews the Conditional Use Permit for Classy Chassis – 2150 Long Pond Rd., for a period of one year (through March 3, 2009); subject to the same terms and conditions applicable to the original permit.
Seconded by Councilwoman Tette.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Tette – aye; Esposito – aye.
Motion Carried.
NEW BUSINESS OF COUNCIL MEMBERS
COUNCILWOMAN TETTE thanked Noelene Griffin, Town Assessor for a job well done re remodeling of the Assessor’s office. (The furniture is all used furniture which was refurbished.)
REPORTS
ACCEPTING THE SUPERVISOR’S REPORT
FOR THE MONTH OF FEBRUARY 2008
SUPERVISOR ESPOSITO read his report for the month of February 2008 showing Receipts of $7,587,571.00 and Disbursements of $2,239,291.42.
RESOLUTION 78-08: Motion by Councilwoman Tette who moved its adoption:
Resolved that the Supervisor’s Report for the month of February 2008 be and hereby is accepted as read.
Seconded by Councilman DiPonzio.
VOTE: Allkofer – aye; DiPonzio – aye; McIntee – aye; Esposito – aye.
Motion Carried.
ACCEPTING THE TOWN CLERK’S REPORT
FOR THE MONTH OF FEBRUARY 2008
DONNA LAPORTA, Deputy Town Clerk, read the Town Clerk’s Report for the month of February 2008 showing the following:
TOTAL REVENUES TO THE SUPERVISOR $9,714.67
AMOUNT DISBURSED TO OTHER GOVERNMENTS 530.31
TOTAL DISBURSEMENTS $10,244.98
A breakdown of this report is on file in the Town Clerk’s office.
RESOLUTION 79-08: Motion by Councilman Allkofer who moved its adoption:
Resolved that the Town Clerk’s Report for the month of February 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
MRS. LAPORTA 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 January 2008 had been examined by the Town Board and paid.
GENERAL FUND
Accounts Payable
Cl # 0104 – 0220 $59,176.08
HIGHWAY FUND
Accounts Payable
Cl # 0027 – 0069 $159,588.76
LIBRARY FUND
Accounts Payable
Cl # 0018 – 0054 $18,653.54
RESOLUTION 80-08: Motion by Councilwoman Tette who moved its adoption:
Resolved that the Warrants for the month of February 2008 be and hereby are approved as read; subject to the approval of the Gates Town Board.
Seconded by Councilman DiPonzio.
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 DiPonzio made a motion to adjourn the meeting. Councilman Allkofer seconded the motion. All were in favor; the motion carried. Supervisor Esposito adjourned the meeting at 8:30 P.M.
____________________________
Town Clerk