A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 5th day of March 2003 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were:
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo, Jr. Councilman
David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
David Holland Asst. Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Wayne Bieler Town Engineer
The Supervisor read into the record the following: “If anyone appearing before the Town Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State Law and the Town Code of Ethics.”
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby adopt Local Law #2 for the Year 2003 as follows, with the revisions as commented on by the Chairman of the Ethics Board that he gave at the Public Hearing, dated 2/5/03, for Section 101-11; Insurance Brokers Committee:
ETHICS LAW OF THE TOWN OF ORCHARD PARK, NEW YORK
SECTION 1. TITLE.
This local law shall be known and may be cited as the “Ethics Law of the Town of Orchard Park.”
SECTION 2. PURPOSE.
The purposes of this local law are:
(a) to establish standards of ethical conduct for officers and employees of the Town;
(b) to afford officers and employees of the Town guidance on such standards;
(c) to promote public confidence in the integrity of the governance and administration of the Town and its agencies and administrative offices;
(d) to require public disclosure of financial interest that may influence or be perceived to influence the actions of Town officers and employees, to facilitate consideration of potential ethical problems before they arise, minimize unwarranted suspicion, and enhance the accountability of government to the people; and
(e) to provide for the fair and effective administration of this Local Law
This local law is enacted pursuant to §806 of the General Municipal Law of the State of New York and §10 of the Municipal Home Rule Law and is not intended to authorize any conduct prohibited by Article 18 of the General Municipal law. This local law also supplements other provisions of law regulating ethics in local government, such as §107 of the Civil Service Law of the State of New York.
SECTION 3. SUPER SESSION OF GENERAL MUNICIPAL LAW §808; REPEAL OF EXISTING TOWN ETHICS LAWS.
To the extent this law is inconsistent with the provisions of § 808 of the General Municipal Law, this law shall supersede those provisions. This law supersedes prior Town of Orchard Park Code, Chapter 12, Entitled “Ethics”, adopted in 1970.
SECTION 4. ETHICS LAW.
The following sections, numbered Part A: §100 through §107 and Part B: §201 through §217, are added to the Unified Code of the Town of Orchard Park.
PART A: SUBSTANTIVE PROVISIONS
§100. Definitions.
Unless otherwise stated or unless the context otherwise requires, when used in this code the following shall have the meanings indicated:
Appear and appear before – Communicating in any form, including, without limitation, personally, through another person, by letter, telephone, or by any other device.
Customer or client – Any entity or person to whom an officer or employee of the Town of Orchard Park or his or her outside employer or business has supplied goods or services during the previous calendar year having, in the aggregate, a value greater than $2000.
Financial benefit – Any money, service, license, permit, contract, authorization, loan, travel, entertainment, hospitality, gratuity or other compensation of anything of value, or any promise thereof.
Household – All persons living in a single residence whether related or not.
Town officer or employee – Any officer, employee or appointee of the Town of Orchard Park, whether paid or unpaid, which includes, without limitation, all members of any board, commission, committee or other agency thereof excluding a judge or justice of the Unified Court System and members of temporary advisory committees.
Outside employer or business – Any activity or entity, other than the Town of Orchard Park, of which a Town officer or employee is an owner, partner, director, officer, employee or member and from which he or she receives compensation for services rendered or goods sold or produced, or any entity in which he or she has an ownership interest except a corporation in which he or she owns less than five percent (5%) of the outstanding stock.
Relative – A spouse, child, step-child, stepparent or any person who is a direct descendant of the grandparents of the reporting individual or of the reporting individual’s spouse, and the spouses of the aforementioned persons.
§101. Standards of Conduct for Town Officers and Employees.
1. General prohibition.
A Town officer or employee shall not use his or her official position or office to take or fail to take any action in a manner which he or she knows or has reason to know may result in a personal financial benefit for any of the following persons:
(a) the Town officer or employee;
(b) his or her outside employer or business;
(c) a member of his or her household;
(d) a customer or client; or
(e) a relative.
2. Recusal.
A Town officer or employee shall promptly recuse himself or herself from acting on a matter before the Town when acting on the matter, or failing to act on the matter, may financially benefit any of the persons listed in subdivision 1 of this section.
3. Gifts.
A Town officer or employee shall not directly or indirectly solicit, accept or receive any gift, whether in the form of money, services, loan, travel, entertainment, hospitality, material goods, thing or promise or any other form, under circumstances in which it could reasonably be inferred or could reasonably be expected that the gift was intended to influence such officer or employee in the performance of his or her official duties or was intended as a reward for any official action or inaction. Under no circumstances shall an officer or employee accept any gift in excess of the values set forth pursuant to New York State Law.
4. Representation.
A Town officer or employee shall not represent any other person in any matter that person has before the Town nor represent any other person in any matter against the interests of the Town.
5. Appearances.
A Town officer or employee shall not appear before any agency of the Town except on his or her own behalf or on behalf of the Town.
6. Confidential information.
Town officers and employees and former officers and employees shall not disclose any confidential information or use it to further anyone’s personal interests.
7. Political solicitation.
A Town officer or employee shall not knowingly request or authorize anyone else to request any subordinate of the officer or employee to participate in an election campaign or contribute to a political committee. This provision shall not prohibit general mailings or solicitations.
8. Future employment.
A Town officer or employee shall not, within two years after the termination of service or employment with the Town, appear before any board or agency of the Town of Orchard Park in relation to any case, proceeding or application in which he or she personally participated during the period of his or her service or employment or which was under his or her active consideration.
9. Avoidance of conflicts.
Town officers and employees shall not knowingly acquire, solicit, negotiate for, or accept any interest, employment, or other thing of value, which would put them in violation of this local law.
10. Inducement of others.
A Town officer or employee shall not induce or aid another officer or employee of the Town to violate any of the provisions of this local law.
11. Insurance Brokers Committee.
The Insurance Brokers Committee is subject to Regulation 87 of the New York State Insurance Department, which makes public record of all income, received by brokers from municipalities or from insurance companies insuring municipalities. Any commissions or fees received by any member of the Insurance Brokers Committee from policies for the Town of Orchard Park shall be reported to the Town Board on or before December 31st of each year. Nothing in this Ethics Law of the Town of Orchard Park shall prohibit an insurance broker from receiving commissions from an insurance company, which insures the Town of Orchard Park.
§102. Annual Disclosure.
1. Officers and employees required to file.
All Town officers and employees shall be required to file a signed annual disclosure statement.
2. Time and place for filing.
A Town officer or employee shall file the required annual disclosure statement with the Town Clerk:
(a) initially, within 120 days after the effective date of this section; or
(b) subsequently within 60 days after first becoming subject to the requirements of subdivision 1 of this section; and
(c) no later than March 1 of each year thereafter.
3. Changes in disclosed information.
Within 30 days after any change in the information contained in his or her most recently filed annual disclosure statement, a Town officer or employee shall file with the Town Clerk a signed amendment to his or her statement indicating the change(s).
4. Contents and form of annual disclosure statement.
The annual disclosure statement shall include the identification of
(a) any real property located within the Town or contiguous to the boundary of the Town in which the Town officer or employee, his or her spouse or any member of his or her household has a financial interest;
(b) any self-employment or outside employer or business of the Town officer or employee, his or her spouse or any member of his or her household which has a business interest with the Town of Orchard Park or any of its agencies or may reasonably be expected to solicit such business; and
(c) any investments or interests of the Town officer or employee, his or her spouse, any member of his or her household or any of his or her relatives in any business, corporation, partnership, association or other entity which has a business interest with the Town of Orchard Park or any of its agencies or may reasonably be expected to solicit such business.
The form and any additional contents of the annual disclosure statement shall be determined by the Ethics Board.
§103. Transactional Disclosure.
Whenever a Town officer or employee is required to recuse himself or herself under this local law, he or she:
(a) shall immediately refrain from participating further in the matter
(b) shall promptly inform his or her superior, if any; and
(c) shall promptly file with the Town Clerk a signed statement disclosing the nature and extent of the prohibited action or, if a member of a board, shall state that information upon the public record of that board
§104. Applicant Disclosures.
1. Whenever an application, petition or request is submitted for an officer or employee of a board, commission, committee, department or other agency of the Town to take or refrain from taking any action (other than a ministerial act) that may result in a financial benefit to any person listed in subdivision 1 of § 101 of this law, the applicant shall disclose the name and address of and the nature of the financial benefit to such person in the application, petition or request to the extent known to the applicant at the time of submission.
2. Any board, commission, committee, department or other agency of the Town, which receives an applicant disclosure pursuant to subdivision 1 of this section, shall promptly file such applicant disclosure with the Town Clerk.
3. The following statement will be read aloud at the beginning of every public meeting of every board, commission, committee or other agency of the Town:
“Any person appearing before this [board, commission, committee, agency] who is a relative of, or who has a financial or business relationship with any officer or employee of the Town of Orchard Park must disclose the nature and extent of such relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park”.
§105. Inducement of Violations.
No person shall induce or attempt to induce any other person to violate any of the provisions of this local law.
§106. Penalties.
1. Any Town officer or employee who engages in any action that violates any provision of this local law may be warned or reprimanded or suspended or removed from office or employment, or be subject to any other sanction authorized by law or collective bargaining agreement, by the appointing authority or person or body authorized by law to impose such sanctions. A warning, reprimand, suspension, removal, or other authorized sanction may be imposed in addition to any other penalty contained in this local law or in any other provision of law.
2. Any person, whether or not a Town officer or employee, who knowingly and intentionally violates any provision of this local law may be subject to a fine not exceeding two hundred fifty dollars ($250) and/or imprisonment not exceeding fifteen (15) days.
§107. Injunctive Relief.
1. Any person may initiate an action or special proceeding, as appropriate, in the court of appropriate jurisdiction for injunctive relief to enjoin an officer or employee of the Town from violating this local law or to compel an officer or employee of the Town to comply with the provisions of this local law. In lieu of, or in addition to injunctive relief, the action or special proceeding, as appropriate, may seek a declaratory judgment.
2. No action or special proceeding shall be prosecuted or maintained pursuant to subdivision 1 of this section, unless:
(a) the plaintiff or petitioner shall have filed with the Ethics Board a sworn complaint alleging the violation by the officer or employee;
(b) it shall appear by and as an allegation in the complaint or petition filed with the court that at least six months have elapsed since the filing of the complaint with the Ethics Board and that the Ethics Board has failed to file a determination in the matter; and
(c) the action or special proceeding shall be commenced within ten months after the alleged violation occurred.
§201. Designation of Officers and Employees Required to File Annual Disclosure Statements.
1. Within 60 days after the effective date of this local law, and on or before January 31st of each year thereafter, the Supervisor of the Town shall:
(a) cause to be filed with the Ethics Board and the Town Clerk a list of the names and offices or positions of all Town officers and employees required to file annual disclosure statements pursuant to §102 of this law; and
(b) notify all such Town officers and employees of their obligation to file an annual disclosure statement
2. For any newly elected or appointed Town officer or employee and for any other person for whom a determination has been made that he or she is required to file an annual disclosure statement pursuant to § 102 of this law and such determination is made after the list prepared pursuant to subdivision 1 of this section has been filed for that year, the Supervisor shall promptly file the name and office or position of such Town officer or employee or other person with the Ethics Board and the Town Clerk and notify such Town officer or employee or other person of his or her obligation to file an annual disclosure statement.
§202. Maintenance of Disclosure Statements.
1. The Town Clerk shall transmit promptly to the Ethics Board a copy of each disclosure statement filed pursuant to §102, §103 and §104 of this law.
2. The Town Clerk, on behalf of the Ethics Board shall index and maintain on file for at least seven years all disclosure statements filed pursuant to §102, §103 and §104 of this law.
3. All disclosure statements filed pursuant to §102, §103 and §104 of this law shall be made available for public review subject to the provisions of Article 6 (Freedom of Information Law) of the Public Officers Law of the State of New York.
§203. Ethics Board: Establishment; Qualifications of Members; Appointment of Members; Term of Office.
1. There is hereby established an Ethics Board consisting of five (5) members.
2. All members of the Ethics Board shall be residents of the Town of Orchard Park.
3. No member of the Ethics Board shall hold elective office in the Town of Orchard Park.
4. One, but no more than one member of the Ethics Board shall be an officer or employee of the Town.
5. Within 60 days after the effective date of this local law, and in January of each year thereafter, the Town Board shall appoint the members of the Ethics Board.
6. The members of Ethics Board shall be appointed for staggered terms of five years. However, the first Ethics Board appointed under this provision shall consist of five members appointed for terms expiring respectively on December 31 of the first, second, third, fourth, and fifth calendar years following the calendar year of appointment. Upon expiration of each term, an appointment shall be made for the following five-year term. Within 60 days after the effective date of this local law and at its annual organizational meeting, the Town Board shall appoint the members of the Ethics Board.
7. An Ethics Board member shall serve until his or her successor has been appointed.
8. The members of the Ethics Board shall not receive compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.
§204. Ethics Board: Vacancies.
When a vacancy occurs in the membership of the Ethics Board, the vacancy shall, within 60 days, be filled for the unexpired portion of the term in the same manner as the original appointment. Any person appointed to fill a vacancy of the Ethics Board shall meet the qualifications set forth in §203 of this law.
§205. Ethics Board: Removal of Members.
A member of the Ethics Board may be removed from office in the same manner in which he or she was appointed, after written notice and opportunity for reply. Grounds for removal shall be failure to meet the qualifications set forth in § 203 of this law, substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office, or violation of this law.
§206. Ethics Board: Minutes.
1. The Town Board shall provide legal and clerical assistance to the Ethics Board as required.
2. The official minutes of meetings and case hearings will be approved by the Ethics Board.
3. The official minutes will be recorded and filed with the Town Clerk.
4. The minutes of case hearings will be confidential.
§207. Ethics Board: Meetings.
1. The Ethics Board shall conduct an organizational meeting in January of each year at which time a chair and a vice-chair shall be elected from among its members.
2. The Ethics Board shall conduct a sufficient number of meetings each year to fulfill its obligations pursuant to § 209, § 214 and § 215 of this law, and at such additional times as may be necessary to promptly discharge its duties pursuant to § 210, § 211 and § 212 of this law.
3. An official meeting of the Ethics Board shall require a quorum of three members.
4. A majority vote of the full Ethics Board shall be required for the Ethics Board to take any action.
5. The chair, vice-chair or a majority of the full Ethics Board may call a meeting of the Ethics Board.
§208. Ethics Board: Jurisdiction, Powers, and Duties.
1. The termination of a municipal officer’s or employee’s term of office or employment with the Town shall not affect the jurisdiction of the Ethics Board with respect to the requirements imposed on him or her by this local law.
2. The Ethics Board shall have the following powers and duties:
(a) to prescribe and promulgate rules and regulations governing its own internal organization and procedures in a manner consistent with this local law;
(b) to review, index and maintain on file all disclosure statements filed pursuant to §102, §103 and §104 of this law;
(c) to investigate, index and maintain on file, all complaints filed pursuant to §210 of this law;
(d) to conduct hearings, recommend disciplinary action, make referrals and initiate appropriate actions and proceedings pursuant to §211 of this law;
(e) to render, index and maintain on file, advisory opinions pursuant to §212 of this law;
(f) to provide training and education to Town officers and employees pursuant to §214 of this law;
(g) to prepare an annual report and recommend changes to this local law pursuant to §215 of this law;
(h) to provide for public inspection of certain records pursuant to § 216 of this law; and
(i) to select provisions of this law for reproduction and distribution pursuant to §217 of this law.
§209. Review of List and Disclosure Statements.
1. The Ethics Board shall review:
(a) the list of Town officers and employees filed pursuant to §201 of this law in order to determine whether such list is complete and accurate. The Ethics Board shall promptly notify the Supervisor of the Town of the name and office or position of any other person not included on the list whom the Ethics Board determines is required to file an annual disclosure statement pursuant to §102 of this law;
(b) all annual disclosure statements filed with the Town Clerk pursuant to §102 of this law in order to determine whether any person required to file an annual disclosure statement has failed to file such a statement or has filed a deficient statement or has filed a statement that reveals a possible or potential violation of this local law; and
(c) all transactional and applicant disclosure statements filed with the Town Clerk pursuant to §103 and §104 of this law in order to determine whether any further action is required under the provisions of this local law.
2. If the Ethics Board determines that any person required to file a disclosure statement pursuant to §102, §103 or §104 of this law has failed to file such a statement or that any disclosure statement filed with the Town Clerk is deficient or reveals a possible or potential violation of this local law, the Ethics Board shall promptly notify the person in writing of his or her failure to file or of the deficiency or of the potential violation and of the penalties for failure to comply with the provisions of this local law.
§210. Investigations.
1. Upon receipt of a signed, written complaint by any person alleging a violation of this local law, or upon determining on its own initiative that a violation of this local law may exist, the Ethics Board shall have the power and duty to conduct any investigation necessary to carry out the provisions of this local law.
2. For every signed, written complaint it receives and every investigation it conducts, the Ethics Board shall file a statement of determination with the Town Clerk when the matter is decided.
3. Any person filing a signed, written complaint with the Ethics Board shall be notified in writing when the matter is decided.
4. Nothing in this section shall be construed to permit the Ethics Board to conduct an investigation of itself or of any of its members or staff. If the Ethics Board receives a complaint alleging that the Ethics Board or any of its members or staff has violated any provision of this local law or any other law, the Ethics Board shall promptly transmit to the Town Board a copy of the complaint.
§211. Hearings; Assessment of Penalties; Injunctive Relief.
1. Disciplinary action.
In its discretion, after a hearing providing for due process procedural mechanisms and subject to any applicable provisions of law, the Ethics Board may recommend appropriate disciplinary action pursuant to §106 of this law. The recommendation of the Ethics Board shall be made to the appointing authority or person or body authorized by law to impose such sanctions. The Ethics Board shall conduct and complete the hearing with reasonable promptness, unless in its discretion the Ethics Board refers the matter to the authority or person or body authorized by law to impose disciplinary action or unless the Ethics Board refers the matter to the appropriate prosecutor. If such referral is made, the Ethics Board may adjourn the matter pending determination by the authority, person, body, or prosecutor.
2. Injunctive relief.
The Town Board or the Ethics Board on behalf of the Town, may initiate an action or special proceeding, as appropriate, in the court of appropriate jurisdiction for injunctive relief to enjoin a violation of this local law or to compel compliance with this local law, as provided in §107 of this law.
3. Prosecutions.
The Ethics Board may refer to the appropriate prosecutor possible criminal violations of this local law. Nothing contained in this local law shall be construed to restrict the authority of any prosecutor to prosecute any violation of this local law or of any other law.
§ 212. Advisory Opinions.
1. Upon the written request of any Town officer, employee, or member of a town agency or board, the Ethics Board shall render a written advisory opinion with respect to the interpretation or application of this local law or of Article 18 of the General Municipal Law of the State of New York as to whether the Town officer or employee’s interest in any matter which comes before the officer or employee for his or her determination, decision or recommendation conflicts with his or her official duties. The decision of the Ethics Board shall be rendered promptly.
2. Any person presenting a matter to a Town officer or employee or to a Town agency or board, other than a court, may submit a similar request but only with respect to whether his or her own action might violate a provision of this local law or Article 18 of the General Municipal Law.
3. Upon request for an advisory opinion concerning a Town officer or employee, he or she shall refrain from taking any action or participating in any hearing or discussion of the matter until an advisory opinion is rendered.
4. A prospective officer or employee may submit a request for an advisory opinion as to whether he or she has an interest, which may conflict with the position, offered or contemplated.
5. The opinion rendered shall be based only on the facts, which are fully and accurately presented to the Ethics Board. If the Ethics Board subsequently receives different or additional facts, it may revise the opinion after giving notice to the applicant offering him or her the opportunity of explaining or refuting such facts.
6. Advisory opinions shall be confidential. Copies of such advisory opinions shall be sealed, indexed and maintained on file by the Ethics Board at the Town Clerk’s Office.
§213. Judicial Review.
Any person aggrieved by an advisory opinion or decision of the Ethics Board may seek judicial review and relief pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York.
§214. Training and Education.
The Ethics Board:
(a) shall make information concerning this law and Article 18 of the General Municipal Law available to the officers and employees of the Town, to the public and to persons interested in doing business with the Town; and
(b) shall develop educational materials and an educational program for the officers and employees of the Town on the provision of this local law and on Article 18 of the General Municipal Law.
§215. Annual Reports; Review of Ethics Law.
1. The Ethics Board shall prepare and submit an annual report to the Supervisor and Town Board, summarizing the activities of the Ethics Board. The report may also recommend changes to the text or administration of this local law.
2. The Ethics Board shall periodically review this local law and its rules, regulations, and administrative procedures to determine whether they promote integrity, public confidence, and participation in Town government and whether they set forth clear and enforceable, common sense standards of conduct.
§216. Public Inspection of Records; Public Access to Meetings.
1. The only records of the Ethics Board which shall be available for public inspection are those whose disclosure is required by Article 6 (Freedom of Information Law) of the Public Officers Law of the State of New York or by some other State or Federal Law or regulation.
2. No meeting or proceeding of the Ethics Board concerning misconduct, non-feasance, or neglect in office by a Town officer or employee shall be open to the public, except upon the request of the officer or employee or as required by the provisions of Article 7 (Open Meeting Law) of the Public Officers Law or by some other State of Federal law or regulation.
§217. Distribution to Officers and Employees.
1. Every Town officer and employee shall be furnished an annual disclosure statement form and a copy of selected provisions of the Ethics Law in the month of January of each year or at the time of his or her employment or appointment with the Town.
2. Copies of the entire text of the Ethics Law shall be made available to the public at the office of the Town Clerk.
3. Failure of the Town to comply with the provisions of this section or failure of any Town officer or employee to receive a copy of the provision of this law shall have no affect on the duty of compliance with this local law or on the enforcement of its provisions.
SECTION 5. EFFECTIVE DATE.
This local law shall take effect immediately upon filing in the office of the Secretary of State and in compliance with all applicable provisions of law.
The question of the adoption of the foregoing resolution was duly put to a roll call vote:
Supervisor Toni Cudney Aye
Councilman David Buyer Aye
Councilwoman Nan Ackerman Aye
Councilman Stanley Jemiolo Aye
Councilman David Kaczor Aye
The resolution was unanimously adopted.
Old Business #2 Joe DeMarco Requesting a Building Permit for Vacant Land
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Joe DeMarco applied for a Building Permit to construct a 31,950 square foot tenant building and a 25,600 square foot warehouse building, and
WHEREAS, the Planning Board approved of this request and of the site plan on 3/8/00, and
WHEREAS, the Town Board approved of the Building Permit on 3/15/00, and
WHEREAS, per section 144-44 (K) of the Town Code of Ordinance, “if construction is not commenced within one year after the date of approval, the Town may require that the review procedures be repeated”
RESOLVED, that the Town Board does hereby grant an extension for one year from today for a Building Permit for Joe DeMarco, vacant land on the northwest corner of South Benzing Road and Southwestern Boulevard to construct a 31,950 square foot tenant building and a 25,600 square foot warehouse building, which includes all the stipulations stated at the 3/15/00 Town Board Meeting and to add one additional stipulation; to comply with all current Town Codes.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing, with the Village of Orchard Park, on Wednesday, March 19, 2003 at 7:00 PM (local time) at the Orchard Park Municipal Center, 4295 South Buffalo Street. The purpose of the Public Hearing is to review the annexation petition of Robert G. Bieler, vacant land on North Davis Street, Robyn L. Young, 114 North Davis Street and Nancy Zeitler Malachowski, 96 North Davis Street. This petition requests the annexation of these properties from the Town into the Village of Orchard Park, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize 1st Deputy Town Clerk, Kathleen Swarbrick and 2nd Deputy Town Clerk Marie Carruthers, to attend the New York State Town Clerks Association 2003 Conference held on April 28th & 29th, 2003 at the Adam’s Mark Buffalo, 120 Church Street, Buffalo New York, at Town expense, as requested by the Town Clerk.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, in conjunction with the NYDOT’s reconstruction of North Buffalo Road, new decorative lighting has been added between New Taylor Road and the entrance to Jubilee Plaza. These lights are now operating and there is a duplication of lighting with the old street lights in this area, and
WHEREAS, the Town Engineer’s Department has received a proposal from New York State Electric & Gas for the removal of the old pole mounted fixtures and has also received a letter from the NYSDOT’s Project Engineer stating these lights are duplications and per the design can be removed, and
WHEREAS, the proposal calls for the removal of four (4) existing overhead fixtures at an annual saving of $593.47 to the Town’s Consolidated District bill. As per NYSE&G’s tariff agreement, they are allowed to charge the Town for any non-recovered costs associated with these lights. This will result in a one-time chare of $902.58 to the Town’s Consolidated Light District. The lighting committee will investigate the possibility of applying the non-recovered cost to new proposed lighting locations
RESOLVED, that the Town Board does hereby authorize NYSE&G to remove two (2) 100w @ $122.92/each, one (1) 150w @ $144.86/each, and one (1) 250w @ $202.77/each HPS luminaires on North Buffalo Street at an annual decrease of $593.47 and a one time charge of $902.58 to the Consolidated Light District in accordance with their proposal dated January 31, 2003, as recommended by the Town Engineer.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request of the Southtowns Financial Group to hold their 4th Annual Southtowns Family Fun Run for the Year 2003, Saturday, October 18th with the Post Race activities to be held at the Train Depot.
The resolution was unanimously adopted.
New Business #6 Authorize the creation of the Civil Service Assistant Civil Engineer Position
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the creation of the Civil Service Position, Title Assistant Civil Engineer, added to non-union wage scale Range 925, as requested by the Town Engineer.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town is in the process of closing its accounting records for the fiscal year ended December 31, 2002, and
WHEREAS, certain appropriation accounts were noted to need adjustments to allow for appropriate closing of accounts, and
WHEREAS, the funding for these adjustments appropriations is available within other appropriation accounts in the Town’s budget
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorizes the amending of the Town’s 2002 budget as follows:
General Fund:
Increase Appropriations:
A.2989.419 Program supplies 4,450
A.8560.419 Trees and supplies 6,650
Increase estimated revenues:
A.2705 Gift and donations (DARE) 4,450
A.2188 Tree planting fee 6,650
General Fund:
From: A.1110.139 Part-time clerical (3,000)
To: A.1110.137 Salaries – clerical 3,000
From: A.1220.419 Other expenses (355)
To: A.1220.450 Publishing 355
From: A.1355.111 Salary of deputy (750)
A.1355.137 Salary – clerical (1,360)
To: A.1355.100 Salary of Assessor 1,710
A.1355.136 STAR clerical 400
From: A.1410.450 Publishing (200)
To: A.1410.200 Office equipment 200
From: A.1420.419 Other expenses (750)
To: A.1420.455 Outside legal services 750
From: A.1620.446 Contracted repair and maint. (835)
To: A.1620.426 Jolls House utilities 25
A.1620.445 Remodeling and renovations 810
From: A.1670.419 Central copy supplies (1,325)
To: A.1970.411 Postage 1,325
From: A.1910.480 Contingent (63,275)
To: A.1910.408 First aid expenses 275
A.1910.431 Unallocated insurance 63,000
From: A.3120.104 Civilian dispatcher (1,000)
To: A.3120.102 Traffic safety grant 300
A.3120.105 Police matron 700
From: A.3310.442 Signal maintenance (125)
A.3310.421 Electric 125
From: A.3510.111 Salary of assist. dog control officer (1,560)
A.3510.419 Other expenses (245)
A.3510.475 Gasoline (40)
To: A.3510.100 Salary of dog control officer 1,805
A.3510.485 Furnace repairs 40
From: A.5010.413 Travel and Conference (85)
To: A.5010.400 Office Supplies 50
A.5010.440 Radio repair 35
From: A.7020.421 Electric (700)
To: A.7020.420 Telephone 700
From: A.7110.421 Electric (100)
To: A.7110.475 Gasoline 100
From: A.7610.422 Gas (250)
To: A.7610.421 Electric 250
From: A.1110.419 Other expenses (120)
A.1110.445 Equipment maintenance (80)
To: A.1110.400 Office supplies 35
A.1110.414 Training 100
A.1110.420 Law books 65
From: A.9015.811 Police retirement (54,400)
To: A.9060.814 Hospital and medical insurance 53,000
A.9040.813 Workers’ compensation 1,400
From: A.9010.810 State retirement (2,125)
To: A.1110.137 Salaries – clerical 665
A.1110.449 Court reporter 610
A.7410.203 Library equipment 850
From: A.1320.451 Auditing Services (1,964)
To: A.1340.451 Accounting Services 1,964
Highway Fund:
From: DA.5110.144 Salary – laborers (65,305)
To: DA.1910.408 First aid expenses 540
DA.1910.431 Unallocated insurance 15,700
DA.1910.465 Erie County charge backs 65
DA.5112.200 Permanent improvements 15,250
DA.5130.419 Other expenses 1,150
DA.5142.144 Salary – laborers 20,500
DA.5142.402 Supplies 12,100
From: DA.9010.810 State retirement (11,250)
DA.9080.818 Dental insurance (2,550)
To: DA.9040.813 Workers’ compensation 1,800
DA.9060.814 Hospital and medical insurance 12,000
Part-Town Fund:
From: B.3620.110 Salary of fire inspector (650)
To: B.3620.100 Salary of building inspector 385
B.3620.137 Salary of clerical 265
From: B.8010.200 Computer remodeling (900)
B.9010.810 Employees retirement (1,500)
B.9090.817 Hosp. & medical insurance (2,305)
To: B.8010.139 Salary of (1/2) zoning clerk (4,705)
From: B.8010.456 Professional services (30)
To: B.8010.450 Publishing 30
From: B.8020.110 Salary of planning coordinator (725)
B.9010.810 Employees retirement (890)
To: B.8020.139 Salary of (1\2) planning clerk 1,615
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following budget transfer, as requested by the Town Engineer.
$100.00 From: A.1440.000.414 Inspector Training
To: A.1440.000.413 Travel & Conference
The resolution was unanimously adopted.
Councilwoman Ackerman stated the Youth Court Executive Summary for the Year 2002 has been filed with the Town Board.
Town Attorney Leonard Berkowitz reported the latest results in the matter of Lamar vs. Town of Orchard Park. Lamar Advertising brought an action against the Town of Orchard Park to declare that our sign ordinance was unconstitutional because it prohibited billboards. Lamar brought a motion for Summary Judgement before Magistrate Judge Scott in 2002. A motion for Summary Judgement is one that says there are no fact issues, therefore the Court can make a determination. In September 2002, Magistrate Judge Scott filed a report recommending that the motion for Summary Judgement be denied. Lamar asked that this determination be reviewed by the United States District Court Judge Richard Arcara, who upheld Magistrate Judge Scott’s determination. This means that on the motion for Summary Judgement, that the Court has decided that the Town’s current Sign Ordinance does not violate the Constitution. Town Attorney Berkowitz also stated that the scheduled Court date will be March 17th, for a meeting between the parties to set a date for trial, at which testimony can be taken and an ultimate determination made as to whether or not Lamar’s proceeding has any merit and whether or not the Sign Ordinance violates the Constitution. This is positive news and hopefully another successful proceeding for the Town in Federal Court.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #5 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$115,355.32 |
|
Part Town Fund |
$6,556.35 |
|
Risk Retention |
0 |
|
Highway Fund |
$52,693.62 |
|
Special Districts |
$223,390.64 |
|
Trust & Agency |
$9,635.02 |
|
Capital Fund |
$81,550.83 |
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Reports: Police of Chief’s Monthly Report for February 2003.
The resolution was unanimously adopted.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Kaczor, the meeting was adjourned at 7:22 PM (local time).
Respectfully Submitted,
Town Clerk