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 15th day of October 2003 at 7:00 P.M., (local time). The meeting was called to order by Supervisor Cudney, and there were:
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Dave Holland Asst. Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Wayne Bieler Town Engineer
Supervisor Cudney read the following into the record: Any person appearing before this board 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.
The National Guard and Reserve Award in Recognition of Police Chief Samuel M. McCune was to be presented by the Honorable Thomas Higgins, Retired Erie County Sheriff tonight, but Mr. Higgins was unable to attend. This presentation will be rescheduled.
At 7:00 P.M. (local time), the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of the Preliminary Benefit Basis Special Districts Budget and the Preliminary Ad Valorem Budget for the Town of Orchard Park for the fiscal year beginning January 1, 2004.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
Supervisor Cudney called upon Wayne Drescher of Deloitte & Touche, the Town’s accounting firm, to review the Preliminary Benefit Basis Special Districts Budget and the Preliminary Ad Valorem Budget for the Year 2004. Mr. Drescher stated the Benefit Basis Budget contains the Sewer Districts, Water Districts, Lighting Districts and the Consolidated Garbage Districts. The taxing formula of these districts is based on criteria other than the established value of a home, and each district has it’s own formula. The increase in the tax rate for these “Special Districts” is less than 1%.
Mr. Drescher stated the Ad Velorum Budget relates to the General Fund, the General Fund Town Outside the Village area, and the Highway Fund. All these areas are going to be increased. The increases in these budgets are due to health care costs and retirement costs related to employee benefits. The tax rate for these budgets is based solely on assessed valuation. Mr. Drescher said that the overall increase in taxes pertaining to this budget is going to be 2.75%.
Supervisor Cudney stated that the 2.75% increase translates to an increase of 13 cents per thousand assessment for Town outside the Village residents, and 18 cents per thousand assessment for the Village residents portion of the Town tax. She stated the increases are due to the retirement costs, heath insurance costs of Town employees, and the Town insurance costs for property and liability that have all escalated. The Town has no control over these costs, but the Town does have control over the expenditure side and has requested all the Department Heads to reduce their 2004 budgets. Supervisor Cudney stated all of the Department Heads have complied with this request. The Town Board also eliminated several items from the budget.
Supervisor Cudney stated that on the revenue side of the budget, the Town Board has agreed to allocate money from the Tax Stabilization Reserve Fund ($150,000.00). The Tax Stabilization Reserve is part of a New State Law that mandates if a Town has a Reserve Fund and uses it, the Town must have a 2.5% minimum tax increase in order to be able to use it. The Town is using $1,005,000.00 of the fund balance on the revenue side of this years budget.
Councilwoman Ackerman said that to help put this tax hike into perspective residents should know that since 1992 the taxes in Orchard Park have been reduced by 16%, but even with the increases in the 2004 Budget, the taxes are still 16 cents per thousand assessment less than they were 10 years ago. Mr. Drescher told Councilwoman Ackerman that this community is one of the few that is not experiencing double digit tax increases this year. Councilwoman Ackerman also pointed out that over the last decade, this community has managed very well with its careful fiscal management. The credit for this goes to Deloitte & Touche and the current and former Town Board members.
Comments from the floor: There were no comments offered from the floor.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing in the matter of the 2004 Preliminary Benefit Basis Special Districts Budget, and the Preliminary Ad Valorem Budget for the Town of Orchard Park is hereby closed at 7:15P.M. (local time).
The Town Board is going to reserve voting on the 2004 Budgets until the next meeting. A Budget must be passed by November 20, 2003.
The resolution was unanimously adopted.
Old Business #1 Adopt Local Law 4-2003 regarding Dog Fees & Dog Ordinances
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, a Public Hearing was held on May 21,2003 in the matter of a Local Law regarding Dog Fees and Ordinances, §58-10, §58-3, §58-2C, §58-3C and §58-12, and
WHEREAS, the Town Board is ready to move forward on all the above mention sections except §58-12
RESOLVED, that the Town Board is hereby authorized to adopt Local Law 4 for the Year 2003, which provides as follows:
The underlined material represents new text. Material with a line through it represents text which will be repealed.
Chapter 58-10. Dog License Fees
Pursuant
to §110, Subdivision 4, of Article 7 of the Agriculture and Markets Law of the
State of New York, an annual dog license fee of five dollars ($5.) seven
dollars and fifty cents ($7.50) for each dog license issued and an
annual license fee of ten dollars ($10.00) for each purebred license issued
by the Town of Orchard Park, New York, under § 109, Subdivision 1, of the
Agriculture and Markets Law will be added to the fees established by § 110,
Subdivision 1, of the Agriculture and Markets Law. This annual dog license fee
shall be charged for all licenses becoming effective on or after January 1,
2004.
Chapter 58-3. Impoundment Fees; redemption.
A.
Any dog identified or
unidentified, found to be at large and seized pursuant to the provisions of
this chapter shall be held and cared for by the town and redeemed by the owner
or disposed of pursuant to the provisions of § 118 of the Agriculture and
Markets Law of the State of New York. The dog may be redeemed by the owner
if the owner pays the following impoundment fees: The owner may redeem
the dog, if the owner pays the following impoundment fees:
C. Dangerous Dog.
1. No person who owns or has control of a dog shall permit such dog to attach or bite any person peacefully conducting himself in any place where such person may lawfully be or to attack, chase, injure or kill a domestic animal or dog or cat of another person when such animal is in any place it may lawfully be. For the purpose hereof, when any dog is at large contrary to the provisions of this article and commits any of such acts, the owner or person in control shall be deemed to have permitted the dog to commit such acts.
2. Any person may make a complaint of any attack upon a person or an attack, chasing or worrying of a domestic animal to a Dog Control Officer. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in § 121 subdivision four of the Agriculture and Markets Law. If there is reason to believe the dog is a dangerous dog, the Dog Control Officer shall forthwith commence such proceedings himself.
3. Any person owning or harboring a dog deemed dangerous by a Judge or Justice pursuant to Agriculture and Markets Law § 121, will muzzle the dog at all times when the dog is outside its proper enclosure. The muzzle shall be approved by the Dog Control Officer.
C. Veterinary Care for Seized Dogs:
1. Any dog seized or impounded by the Dog Control Officer of the Town of Orchard Park pursuant to the Agriculture and Markets Law, § 118, and this Chapter that may require veterinarian treatment for injuries or sickness shall receive such veterinary care when such care is necessary in the judgment of the Dog Control Officer.
2. The owner of such dog shall pay for said veterinary fees in addition to the impoundment fees upon redemption of the dog or, if the dog is deceased, not later than thirty (30) days after said veterinary care is rendered and the owner notified in writing of such amount.
3. If such amount is not paid within thirty (30) days after notification, the town shall proceed to collect the amount in a civil action.
The adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows:
Supervisor Cudney Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Aye
The resolution was unanimously adopted.
Set Public Hearing for a Local Law Regarding Multiple Dog-Housing Permit
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for 7:00 PM on November 19, 2003, regarding the adoption of a Local Law regarding §58-12 “Dog Limit per Household”, and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish due notice thereof.
The resolution was unanimously adopted.
Old Business #2 Supervisor to sign Agreement for Comprehensive Water System Imp. Project, Part II
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town of Orchard Park opened bids on October 2, 2003 for the Comprehensive Water System Improvements project and is anticipating awarding the contract within the next thirty days after Erie County Water Authority Lease Management Agreement is amended, and
WHEREAS, at the present time, the Engineering Department does not have staff available for construction inspection on this project, therefore, the assistance of a consultant engineering firm will be required for that purpose, and
WHEREAS, the Town Engineers Department is in receipt of a proposal from Wendel Duchscherer Architects & Engineers to provide the services of Mr. Craig Wilson for onsite inspection, when required, at a billing rate of $59.00 per hour, which includes expenses, overhead and profit, and
WHEREAS, the Town has appropriated funding for the Comprehensive Water System Improvement Project under Capital Project H-48, which should be adequate to cover the costs of the consultant
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an Agreement with Wendel Duchscherer Architects & Engineers, 95 John Muir Drive, Suite 100, Amherst New York 14228, to provide inspection services for the Comprehensive Water System Improvements Part 2, at the rate of $59.00 an hour.
The resolution was unanimously adopted.
New Business #1 Approve Final Change Order/Release for Windom Reconstruction Project
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Windom Avenue Reconstruction Project-Installation of Concrete Gutters is completed in accordance with specifications, and
WHEREAS, a two-year maintenance bond, in the amount of $39,325.00, and all other necessary legal documents have been received by the Town from the Contractor, and
WHEREAS, the Town Engineer has submitted copies of the Final Change Order – Over/Under sheet to the Town Clerks Office which lists the final adjustments to the quantities for each bid item and shows that there will be a net decrease of 8.02% from the original amount bid
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the release of retention to Campobello Construction Company, Inc., 3407 Delaware Avenue, Buffalo New York 14217, in the amount of $1,966.25, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Quaker Crossing Center Requesting Approval for Revised Site Plan/Parking
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, a request was received by Gerry Buchheit Jr., to approve a revised site plan and changes to the parking field in the Quaker Crossing Retail Center and this request was referred to the Planning Board on September 9, 2003
RESOLVED that the Town Board does hereby approve the revised site plan and parking field changes for the Quaker Crossing Retail Center, Zoned I-1, as recommended by the Planning Board, 10/8/03, with the following stipulations:
§ This is a Type II SEQR Action.
§ The Board finds the plan dated 9/3/2003 acceptable.
§ The approval is for a revised parking plan only. No future buildings are being approved.
§ The approval is conditioned on Engineering approval, and all those things that the Engineering Department needs to acquire before they approve it.
The resolution was unanimously adopted.
New Business #3 Schedule Public Hearing for Conservation Easement, Milestrip Road
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby schedule a Public Hearing for Wednesday, November 19, 2003, at 7:00 PM (local time) in the matter of a proposed Conservation Easement for Burton and Elaine Diller, six (6) acres of land located at 6713 Milestrip Road, and be it further
RESOLVED, that the Town Clerk shall publish due notice in the official newspaper of the Town.
The resolution was unanimously adopted.
New Business #4 Refer to the Planning Board and/or Conservation Board
8) 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 refer to the Planning Board and the Conservation Board the following request: Carl Scheelein, 3419 North Benzing Road, request to build a new 2,500 square foot pre-engineered building which will include new utility service connects, parking for this building.
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of Leonard Ciolek, 4475 Old Transit Road, Town of Aurora, for Out of District Water service to the Town Engineer and the Town Attorney.
The resolution was unanimously adopted.
Supervisor Cudney stated at last week’s work session, members of the Boston Town Board presented a resolution to the Orchard Park Town Board, authorizing a payment of $5000.00 to the Town of Orchard Park, towards the legal fees incurred defending Orchard Park’s sign ordinance, that LaMar is challenging. Supervisor Cudney wished to acknowledge and thank the Boston Town Board for their contribution and she would like to encourage any other municipality in Western New York, who does not want billboards in their town, to consider similar action.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby receive and file the Resolution presented to them by the Boston Town Board.
The resolution was unanimously adopted.
Supervisor Cudney also introduced Heidi Pritchard, who is an Orchard Park high school student who is doing an internship in the Supervisor’s office.
Councilman Kaczor stated that the Recreation Department, Recreation Commission and other volunteer groups put on the 1st Annual Autumn Fest just recently. It was a tremendous event that took a lot of work. Councilman Kaczor wanted to thank everyone involved and hopes that next year Autumn Fest will be even better.
Town Attorney Berkowitz stated that the Town has obtained most of the easements needed to do the proposed “Water Improvement Project”. Most of the easements were voluntarily given, but there are four property owners who have refused to provide easements’ despite the best efforts by the engineering department to obtain them. Now, the Town will have to proceed with the following action to get the project in motion.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board of the Town of Orchard Park has determined to acquire certain easements in order to improve the water distribution system in the Town of Orchard Park, and
WHEREAS, the Town Board has determined that it is necessary to acquire certain easements for the water system project by the process of Eminent Domain, and
WHEREAS, the Town of Orchard Park will acquire easements over property which are adjacent to highways in the Town of Orchard Park described, by the Engineering Department in a separate memo which reads as follows:
§ 3715 Southwestern Blvd. SBL 161.00-5-29 – John Perrin, owner
§ 3847 Southwestern Blvd. SBL 161.00-5-18 – Victor Liberatore, owner
§ Southwestern Blvd. SBL 152.16-6-2 – Donald Gartenman, owner
§ 3280 Southwestern Blvd. SBL 152.16-3-20 – Buffalo Lube Association, owner
WHEREAS, the easements to be acquired do not effect any existing structures or improvements, and
WHEREAS, the Town of Orchard Park has determined that such taking will not result in any adverse environmental impact
RESOLVED, the Town of Orchard Park hereby determines that the acquisition by the Town of Orchard Park is de minimis in nature so that the public interest will not be prejudiced by the construction of the project, and be it further
RESOLVED, that pursuant to Eminent Domain Procedure law §206(B) no public hearing is required on this proposed action.
The Town Board wanted to thank all the people who cooperated with the Town to obtain the necessary easements, and did not make it difficult for the Town to pursue the easements required for the Water Improvement Projects. This project is going to benefit all the residents and businesses in the community.
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Chief of Police, Samuel McCune, has recommended the following traffic order be adopted
RESOLVED, that the Town Board does hereby by adopt the following traffic order: To place on the Town portion of the east and west sides of North Freeman Road, between Rt. 20A and Wellington Lane, “No Parking” signs that will be in effect from September 1st to July 1st, 7:00 AM to 3:00 PM, weekdays only, and be it further
RESOLVED, that the Superintendent of Highways is hereby directed to erect the proper signs following receipt of this order.
The resolution was unanimously adopted.
Police Chief McCune announced that Halloween will be held on, Friday October 31st, and the hours for trick or treating will be from dusk until 9:00 PM. He stated that if parents have any questions regarding the treats their children may receive, to please call the police station and the police will assist them.
13) 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 #20 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$52,353.58 |
|
Part Town Fund |
$552.96 |
|
Risk Retention |
$2,374.18 |
|
Highway Fund |
$29,636.66 |
|
Special Districts |
$127,644.45 |
|
Trust & Agency |
$32,544.18 |
|
Capital Fund |
$99,836.75 |
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following Reports listed on the agenda:
§ Chief of Police’s Monthly Report for September 2003.
§ Building Inspector’s Monthly Report and Building Permits for September 2003.
§ Town Historian, Suzanne Kulp’s Annual Report from May 2002 to May 2003.
§ Recreation Commission’s Minutes of the September 9, 2003 meeting.
The resolution was unanimously adopted.
Supervisor Cudney stated that since the Honorable Thomas Higgins was unable to make the meeting tonight to Honor Police Chief McCune, the Town Board wished to “recognized” Police Chief McCune. and will be presenting him with a special award that honors employers who assist their employees that are serving their County in the Military Reserve Units.
Police Chief McCune said he appreciates the recognition, but he feels the Honor should go to the Town Board, as it was the Town Board that did the right thing, which made it easier for Lt. Ziehm to take care of his family while he served his Country in the Military Reserves.
Scott Kroll, from the Orchard Park Jaycees: Mr. Kroll wished to thank the Town Board and all the people in Orchard Park for their support of the Quaker Arts Festival, which was a great success. He also wanted to announce that the Jaycees are holding a Blood Analysis program and they are also facilitating a Santa’s Mailbox from December 1st to the 14th.
Mary Ann Szczodrowski, 6854 Powers Road: Ms. Szczodrowski wanted to know why the new law adopted tonight does not address the issue of dogs barking, and the noise ordinance associated with loud, habitual barking in §58-2. Supervisor Cudney stated that §58.2 is going to stay exactly as it is. Ms. Szczodrowski wanted to know how “loud habitual barking” can be established and what can a person do about it.
It was explained to Ms. Szczodrowski that the Dog Control Officer would be the one to determine “loud, habitual” barking and if it is established, it would be up to Ms. Szczodrowski to file a complaint and bring this issue to the courts to be decided. Councilman Buyer brought up the fact that, at this time, the Town of Orchard Park does not have a “Noise Ordinance” that is based on actual measurable levels that could be applied to this type of problem.
Nick Taneff, 279 Summit Avenue: Mr. Tanneff thought it would be a good idea for a Code Enforcement Officer to accompany the Town Assessor, during her reassessment review to pin point code infractions. Mr. Taneff also thought that the Town’s Fire Code Enforcement Officer should be full time .
Dave Gattie, 12 Woodhaven: Mr. Gattie objects to the excessive increase in fees for the Recreation Programs, in particular, for the seniors. These increases, some over 300%, make it hard for some families and seniors to participate in the programs, or in as many programs as they used to be able to participate in. The Town Board discussed this with Mr. Gattie and stated that they are going to review the fees.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Kaczor, the meeting was adjourned at 7:59 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk