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 16th day of June 2004 at 7:00 P.M., (local time). The meeting was called to order and there were:
PRESENT AT ROLL CALL: Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
John J. Mills Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Andrew Geist Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Highway Superintendent
Wayne Bieler Town Engineer
ABSENT: Toni M. Cudney Supervisor
In the absence of Supervisor Cudney, prior to the meeting the Town Board Members agreed Councilwoman Ackerman would run the meeting. Councilwoman Ackerman 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.”
At 7:00 PM, the advertised time, Councilwoman Ackerman called for the Public Hearing to hear all interested parties for or against the proposed Conservation Easements on properties listed below, and to authorize the Town Assessor to determine the valuation of the properties taking into account the limitation of the future use of the land imposed by such Conservation Easements.
1. James Rizzone, 7610 Behm Road, 8.68 Acres
2. Dean Welch et. el., 6099 Benning Road, 40 Acres
3. Robert Woodward, 6164 Bunting Road, 9 Acres
4. Robert Laurie, 5425 Chestnut Ridge Road, 25 Acres
5. Charles Reukauf, 5735 Chestnut Ridge Road, 24 Acres
6. Robert Sponholz, 6550 Chestnut Ridge Road, 5 Acres
7. William Gettens, 9513 Chestnut Ridge Road, 7 Acres
8. William McDougall, 6197 Cole Road, 20 Acres
9. Mark Korzaniewski, 6390 Cole Road, 12 Acres
10. Ronald Kolodziejczak, 6680 Cole Road, 10.71 Acres
11. Kevin Brown, 6807 Gartman Road, 9 Acres
12. Wayne Bieler, 7245 Gartman Road, 5 Acres
13. Bernice Domon, 6829 Milestrip Road, 9.24 Acres
14. Peter Messina, Sr., 7360 Milestrip Road, 5 Acres
15. Peter Messina, Jr., 7370 Milestrip Road, 5 Acres
16. Russell Bieler, 7380 Milestrip Road, 5 Acres
17. Margaret McCooey, 7755 Milestrip Road, 30 Acres
18. Gregory Ford, 7871 Milestrip Road, 11 Acres
19. Ronald Murphy, 5730 Scherff Road, 7.29 Acres
20. Jeffrey Abate, 5825 Scherff Road, 5.85 Acres
21. Noel Ulrich, 6540 Scherff Road, 15.1 Acres
22. Estate of Robert Zilliox, 6633 Scherff Road, 23.45 Acres
23. Arthur Lipp, 5809 Seufert Road, 5 Acres
24. George Moore, 6020 Seufert Road, 30 Acres
25. Ronald Markowski, 6134 Seufert Road, 5 Acres
26. Joseph Ippolito, 3055 Southwestern Blvd, 56.68 Acres
27. SL Associates, 3085 Southwestern Blvd, 18.3 Acres
28. Joseph Ippolito, 3085 Southwestern Blvd., 45.54 Acres
29. John Tewey, 4000 Transit Road, 7 Acres
30. Kathleen DiBianca, Vacant Land on Cole Road, 8.28 Acres
31. Kathleen DiBianca, Vacant Land on Cole Road, 17.88 Acres
32. Hans Eberlin, Vacant Land on Gartman Road, 10.2 Acres
33. Paul Beaune, Vacant Land on Scherff Road, 10 Acres
34. Darryl Gonzalez, Vacant Land on Seufert Road, 10 Acres
35. Paul Beaune, 6900 Ward Road, 15 Acres
Affidavits and Publication of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
Councilwoman Ackerman turned the floor over to Mr. James Loesch, Chairman of the Conservation Board, who outlined the 8-year history and process of the Conservation Easement, and stated that the Town has 404 acres currently in the program. Conservation Easements are beneficial for everyone, they help preserve green space and give the property owners a break. Ms. Linda Yancey, Town Assessor, outlined exactly what is allowed by the landowners in regard to the Conservation Easement. She also stated that the term “Easement” is misleading to many people, the term “Conservation Exemption” would work better since it is an exemption type program as opposed to a typical easement.
At this time Councilwoman Ackerman asked if there was anyone that would like to speak for or against the proposed Conservation Easements.
COMMENTS FROM THE FLOOR:
Opponent/Proponent
Name & Address Questions/Comments
James Loesch, 32 Melant Drive Proponent
Joseph Ippolito, 3085 Southwestern Blvd. Opponent
Marvion Ashburn, 6326 Benning Road Opponent
Esther Ashburn, 6326 Benning Road Opponent
Henry Dinder, 5532 Big Tree Road Questions
James Rizzone, 7610 Behm Road Comments
Joanne Kaminski, 6290 Cole Road Comments
Charles Reukauf, 5735 Chestnut Ridge Road Questions
George Moore, 6020 Seufert Road Questions
Mary Dix, 6345 Bunting Road Questions
The following are questions & thoughts from the audience regarding Conservation Easements:
§ Consider Conservation Easements illegal.
§ Feels the new tax assessments are out of line.
§ Conservation Easements will make a persons property harder to sell as it is recorded on the deed.
§ Some of people who were reassessed, especially the elderly, are being coerced into Conservation Easements by the new property assessments and higher taxes, or worse they are being pushed out of their properties because they cannot afford the higher taxes.
§ Questioned the manner, which the newly assessed properties were picked for reassessment, as it was not done on a townwide basis.
§ Wanted to know who decides the parameters of the Conservation Easements.
The Board Members, Assessor and the Conservation Chairman addressed some of the issues:
§ Conservation Easements are allowed by New York State Law and have been used in Orchard Park for over eight years. One of the main concerns of Orchard Park residents is uncontrolled growth, and Conservation Easements are one of the most economical ways to help control development. The other tools that could be used for land preservation are purchasing the land, or purchasing development rights, and both of these methods are quite costly. Other ways are also being looked, but for now, Conservation Easements offer one of the best ways to shape and control the growth in the Town.
§ Once a Conservation Easement has been granted, the property owner and the Town Attorney sit down, carve out the amount to be put into an easement, and work out the details of the Easement, and if a landowner decides to withdraw his application at that point, they may.
§ The Conservation Board reviews the Conservation Easements each year.
§ Conservation Easements offer some relief to property owners who have been reassessed.
§ The Town Assessor explained that all the properties in Orchard Park were looked at. The Town assessment is based on 70% of market value, and properties not within 15% (+/-) of the 70% market value were reassessed this year.
§ The Town Assessor stated, in her experience, properties that have reduced taxes are often more attractive to buyers.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Public Hearing in the matter of applications for a Conservation Easement, as they appeared in the Public Notice, is hereby closed at 7:58 PM.
The resolution was unanimously adopted.
RESOLVED, that the Town Board does hereby approve 31 of the Conservation Easements, as they appeared in the Public Notice with the exception of Dean Welch et.el-6099 Benning Road, 40 acres; Joseph Ippolito-3055 Southwestern Blvd, 56.68 acres; SL Associates-3085 Southwestern Blvd., 18.3 acres and Joseph Ippolito-3085 Southwestern Blvd., 45.54 acres, as their applications were withdrawn
1. James Rizzone, 7610 Behm Road, 8.68 Acres
2. Robert Woodward, 6164 Bunting Road, 9 Acres
3. Robert Laurie, 5425 Chestnut Ridge Road, 25 Acres
4. Charles Reukauf, 5735 Chestnut Ridge Road, 24 Acres
5. Robert Sponholz, 6550 Chestnut Ridge Road, 5 Acres
6. William Gettens, 9513 Chestnut Ridge Road, 7 Acres
7. William McDougall, 6197 Cole Road, 20 Acres
8. Mark Korzaniewski, 6390 Cole Road, 12 Acres
9. Ronald Kolodziejczak, 6680 Cole Road, 10.71 Acres
10. Kevin Brown, 6807 Gartman Road, 9 Acres
11. Wayne Bieler, 7245 Gartman Road, 5 Acres
12. Bernice Domon, 6829 Milestrip Road, 9.24 Acres
13. Peter Messina, Sr., 7360 Milestrip Road, 5 Acres
14. Peter Messina, Jr., 7370 Milestrip Road, 5 Acres
15. Russell Bieler, 7380 Milestrip Road, 5 Acres
16. Margaret McCooey, 7755 Milestrip Road, 30 Acres
17. Gregory Ford, 7871 Milestrip Road, 11 Acres
18. Ronald Murphy, 5730 Scherff Road, 7.29 Acres
19. Jeffrey Abate, 5825 Scherff Road, 5.85 Acres
20. Noel Ulrich, 6540 Scherff Road, 15.1 Acres
21. Estate of Robert Zilliox, 6633 Scherff Road, 23.45 Acres
22. Arthur Lipp, 5809 Seufert Road, 5 Acres
23. George Moore, 6020 Seufert Road, 30 Acres
24. Ronald Markowski, 6134 Seufert Road, 5 Acres
25. John Tewey, 4000 Transit Road, 7 Acres
26. Kathleen DiBianca, Vacant Land on Cole Road, 8.28 Acres
27. Kathleen DiBianca, Vacant Land on Cole Road, 17.88 Acres
28. Hans Eberlin, Vacant Land on Gartman Road, 10.2 Acres
29. Paul Beaune, Vacant Land on Scherff Road, 10 Acres
30. Darryl Gonzalez, Vacant Land on Seufert Road, 10 Acres
31. Paul Beaune, 6900 Ward Road, 15 Acres
Councilman Mills stated he would vote for the approval of the conservation easements for all the good that there is in getting one, but he feels the process was mishandled and it needs greater review.
The resolution was unanimously adopted.
Old Business #1 Fox Run, Request to Build a Retirement Care Community
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Fox Run of Orchard Park for a Building Permit, and site plan, to construct a continuing care retirement community, as recommended by the Planning Board, 6/9/04, with the following stipulations:
§ This is an unlisted SEQR action based on the Findings to Approve filed by the Town Board on 5/15/02 and a negative declaration is made.
§ A three year Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 76% green space, and that Bond shall be in the amount of $432,840 or a certified check in the amount of $216,420.00.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan, light fixtures shall have flat lens.
§ No outside storage or display is permitted.
§ Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
§ Town Engineering Approval has been granted on 6/4 /04.
§ If there are any concerns with the proposed lighting plans (after review by Mr. McGuire and Mr. Bernard) the Board reserves the right to have the applicant return and address these concerns.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, Jim Ball has requested rezoning of vacant land on the northwest corner of Southwestern Boulevard and Mid-County Drive from I-1 and R-4 to B-2 in order to construct a new car dealership, and
WHEREAS, the Planning Board, 6/9/04, has recommended that the Town Board initiate the SEQR process
RESOLVED, that the Town Board does hereby authorize the initiation of the SEQR process and seeks lead agency on this project.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS TO WIT:
WHEREAS, Russo Development paid the Performance Security for PIP #2004-04, Birdsong Subdivision Part 3A-Phase 1, with a personal check in the amount of $120,000.00 and Russo Development would like to exchange the check for a Letter of Credit
WHEREAS, the Town Attorney has reviewed the Letter of Credit and has found it to be acceptable
RESOLVED, that the Town Board does hereby accept the Letter of Credit from Joseph L. Russo and authorizes the Town Clerk to release the $120,000.00 that was paid by Joseph L. Russo, as recommended by the Town Attorney.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Ronald and Mary Smith have petitioned to the Town of Boston for the annexation of certain real property locally known as vacant land on Woodlee Court in the Town of Orchard Park
RESOLVED, that the Town Board of the Town of Orchard Park makes the following conclusions relative to the Petition for Annexation of property which is described as:
All that tract or parcel of land situated in the Town of Orchard Park, County of Erie and State of New York, being part of lot number seventeen (17) Township nine (9) Range seven (7) of the Holland Land Company’s survey and further described as follows:
All of sublots five (5) and six (6) in the Town of Orchard Park as shown on a map entitled “Rustic Development Subdivision” filed in the Erie County Clerk’s Office under Cover Number 2426, except the northerly portion of sublots five (5) and six (6) having a width of 370 feet and a depth of 100 feet. Such portion is also described on the survey may.
Dated June 1, 2004 and signed by Ronald P. Smith and Mary Clare Smith for that portion of land referenced that is located in the Town of Orchard Park.
§ The signatures on the Petition presented are genuine and are names of people qualified to sign such a Petition under applicable New York State Law.
§ 100% of the landowners affected by the amendment have signed the Petition.
§ The Proposed Annexation is in the overall public interest in that it allows the town of Boston to provide water, sewer, and general public service to the property involved.
§ The Town of Orchard Park hereby approves the Requested Annexation to the Town of Boston, and be it further
RESOLVED, that Ronald P. Smith and Mary Clare Smith grant a Conservation Easement, in perpetuity for the northerly 100’ of sublots 5 and 6 as shown on a map entitled “Rustic Development Subdivision” filed in the Erie County Clerk’s Office under Cover Number 2426.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the 2004 Public Stable Permit to Johnny Chapman Training Stable, Inc, 5999 South Abbott Road, Orchard Park NY 14127, as recommended by the Building Inspector.
The resolution was unanimously adopted.
8) 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 accept the resignation of Deborah A. Chimes from the Zoning Board of Appeals effective immediately.
The resolution was unanimously adopted.
New Business #4 Chamber of Commerce, Request to Hold the Annual 4th of July Parade
9) 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 the Orchard Park Chamber of Commerce to hold the Fourth of July Parade, Sunday, July 4, 2004, with a rain date of Monday, July 5, 2004, and be it further
RESOLVED, the parade will assemble in the parking lot of the Orchard Park High School on Baker Road at 7:00 PM and lead-off at 8:00 PM and disband in front of the Orchard Park Middle School on South Lincoln.
Councilwoman Ackerman stated this year’s parade celebrates our 200th anniversary, and our Town Historian, Sue Kulp, is gathering historic items for it. The parade is going to be set up in chronological order to follow the history of Orchard Park. Councilman Kazor stated that the Fireworks celebration will follow.
The resolution was unanimously adopted.
New Business #5 Orchard Park Central School Requesting Voting Machines for School Vote
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 approve the request of the Orchard Park School District for twelve (12) Town of Orchard Park voting machines for their Special Vote on June 29, 2004 with the stipulation that the machines are returned as received with any necessary repairs being the responsibility of the Orchard Park School District.
The resolution was unanimously adopted.
New Business #6 Recreation Department’s Boat Rental Fee
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Recreation Department to charge $5.00 for ½ hour boat rental fee.
New Business #7 Authorize the Dedication of PIP #2003-04 The Hammocks Doghouse Manhole
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, on June 14, 2004 a final inspection was conducted of the public improvements installed in Hammocks Apartment Complex, which included the installation of a Dog House Manhole over the Town’s existing sewer on Orchard Park Road, and
WHEREAS, all of the work has been satisfactorily completed in accordance with Town specifications, and a two-year maintenance bond has been submitted along with all other necessary documents
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in The Hammocks Apartment Complex – Dog House Manhole constructed under PIP #2003-04 and be it further
RESOLVED, that the Town Clerk is hereby authorized to release the performance bond in the amount of $500.00.
New Business #8 Authorize Payment of all Hydrant Fees
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
PURSUANT to Amendment No. 2 of the Lease Management Agreement with the Erie County Water Authority, it is hereby
RESOLVED, that the Town Board does hereby authorize payment of all hydrant fees charged by the Erie County Water Authority, as recommended by the Town Attorney.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board is hereby authorized to refer to the Planning Board and/or Conservation Board the following items:
§ U.A. Plumbers & Steamfitters Local 22, 3651 California Road requesting a building permit to construct a 3,700 square foot addition to their existing facility.
§ Karl Kaminski, 6290 Cole Road, request for a Conservation Easement on 10.02 acres of land for 15 years.
§ Burton Diller, 6713 Milestrip Road, has a 10-year Conservation Easement, and he would like to convert it to a perpetual easement.
§ Angelo and Christa Amato, 5796 Seufert Road, for a Perpetual Conservation Easement on 8 acres of land.
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board is hereby authorized to refer the request from Mr. Robert LoBello, 6545 Chestnut Ridge Road, to install a street light near his home, to the Lighting Committee.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Councilwoman Ackerman thanked all the people who worked so hard through the equalization process and with the multiple conservation easements presented tonight. She also announced that the Pavilion Concert Series starts tomorrow night, and the Orchard Park Philharmonic is playing.
Councilman Jemiolo stated that he had attended a breakfast for the Orchard Park Little Loop Football and he feels they are a very impressive group. He applauded the volunteer recreation organizations in the Town that dedicate their time and energy to the children of Orchard Park.
Collective Bargaining Agreement between Town of Orchard Park and OP Police Benevolent Assoc.
16) 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 authorize the Supervisor to sign the Collective Bargaining Agreement, and the Memorandum of Understanding between the Town of Orchard Park and the Orchard Park Police Benevolent Association, the contract is retroactive to January 1, 2004 and effective until December 31, 2006.
Councilman Jemiolo outlined changes to the PBA Contract and the Memorandum of Understanding.
The resolution was unanimously adopted.
Councilman Kaczor stated that the Pavilion Concert Series Schedule is published and there are 29 concerts scheduled for this year. He also stated that the Grand Opening of the new Yates Park playground is on June 26, 2004 at 11:30 AM. Councilman Kaczor congratulated the Recreation Department on it’s $1500.00 Tennis Grant.
Councilman Mills said he attended a meeting of Sewer District #3 and the manager of the Sewer District Plant stated that it is now at 90% capacity, and they are investigating ways to update and expand the operations. Councilman Mills stated this will impact the Town as we will have to pay the costs of the bonding and improvements when they take place. It will also impact the Town in that the number of building permits issued over the next few years may be limited.
Supervisor to Sign Agreement with Erie County for the Improvement of Milestrip Road Waterline
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the County of Erie has an Agreement for the improvement of the waterline on Milestrip Road, and
WHEREAS, the County will use their contractor, SICAR, to do the work, and the Town agrees to pay a maximum of $67,500.00 towards the Town’s share of the work,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Agreement with the County of Erie for the improvement of the Milestrip waterline, and the Town’s portion is not to exceed $67,500, as recommended by the Town Attorney.
The resolution was unanimously adopted.
Town of Orchard Park adopts Negative SEQR Declaration for South Lane Reconstruction Project
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby adopt the Negative SEQR Declaration issued for the South Lane Reconstruction Project.
The resolution was unanimously adopted.
Bond for South Lane Reconstruction Project
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
BE IT RESOLVED, by the Town Board of the Town of Orchard Park, Erie County, New York (the "Town") (by the favorable vote of not less than three-fifths of all of the members of the Board) as follows:
SECTION 1. The specific purposes (hereinafter referred to as "purposes") to be financed pursuant to this resolution are the following:
Reconstruction of South Lane Road from Jewett Holmwood Road to Timothy Drive (the “Road Reconstruction Purpose”), at an estimated maximum cost of $800,000.00.
SECTION 2. The Town Board plans to finance the total cost of said purpose by the issuance of serial bonds of the Town in an amount not to exceed $800,000.00 for the Road Reconstruction Purpose, which is hereby authorized to be issued therefore pursuant to the Local Finance Law.
SECTION 3. It is hereby determined that Road Reconstruction Purpose is an object or purpose described in subdivision 20(c) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is fifteen (15) years.
SECTION 4. It is hereby determined that the proposed maturity of the obligations authorized by this resolution will be in excess of five (5) years.
SECTION 5. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of such bonds by virtue of paragraph 9. of subsection d. of Section 107.00 of the Local Finance Law, with respect to all objects and purposes authorized to be financed hereby.
SECTION 6. The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.
SECTION 7. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes and the power to prescribe the terms, form and content of said serial bonds, and said bond anticipation notes, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of such bonds, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial bonds, and the Town Clerk is hereby authorized to affix the corporate seal of said Town to any of said serial bonds or any bond anticipation notes and to attest such seal.
SECTION 8. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as "qualified tax-exempt obligations" in accordance with Section 265(b)(3) of the Code.
SECTION 9. The Town reasonably expects to reimburse itself from the proceeds of bonds or notes herein authorized for expenditures made for the purpose to be financed by this resolution prior to issuance of such bonds or notes, and this resolution is intended to constitute a declaration of official intent to reimburse for purposes of U.S. Treasury Regulation § 1.150‑2.
SECTION 10. The Town has heretofore issued a negative declaration determining that the implementation of the Road Reconstruction Purpose will not have a significant effect on the environment.
SECTION 11. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
(1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or
(2) The provisions of law which should be complied with at the date of the publication of this resolution, or a summary hereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or
(3) Such obligations are authorized in violation of the provisions of the Constitution of New York.
SECTION 12. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the Southtown Citizen, a newspaper having a general circulation in said Town and hereby designated as the official newspaper of said Town for such publication.
SECTION 13. The firm of Hiscock & Barclay, LLP is hereby appointed Bond Counsel of the Town in connection with the bonds and notes herein authorized.
SECTION 14. This resolution is subject to permissive referendum and the Town Clerk is hereby authorized and directed within ten (10) days after the adoption of said resolution, to cause to be published at least once in the Southtown Citizen, a newspaper having a general circulation in said Town and hereby designated as the official newspaper of said Town for such publication, and posted on the sign board of the Town, a notice which shall set forth an abstract of said foregoing resolution.
The question of the adoption was duly put to vote on a roll call, which resulted as follows:
Council Member Ackerman Aye
Council Member Jemiolo Aye
Council Member Kaczor Aye
Council Member Mills Aye
Supervisor Cudney Absent
The resolution was unanimously adopted.
Award Bid for the Dangerous and Unsafe Structure for 80 Vistula Avenue
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, Building Inspector, Andy Geist, opened informal bids for the demolition of 80 Vistula Avenue, a structure declared as “Dangerous and Unsafe” by the Town Board, and
WHEREAS, lowest responsible bidder was from Metro Contracting & Environmental, which also include some asbestos abatement and survey, at $10,300.00
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to award the bid for demolition of 80 Vistula Avenue, a Dangerous and Unsafe structure, to Metro Contracting & Environments in the amount of $10,300.00, as recommended by the Building Inspector.
The resolution was unanimously adopted.
Highway Superintendent to Purchase New Truck off the New York State Contract
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to purchase a new truck off the New York State Contract from International Truck & Engine in Albany, New York in the amount of $38,885.00, as recommended by the Town Highway Superintendent.
The resolution was unanimously adopted.
Leonard Ciolek Requesting to be an Out-of-Water District Customer
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, Leonard Ciolek of 4475 Transit Road, has requested Out-of-District Water Service to his home that is located in the Town of Aurora and outside the boundaries of Orchard Park Water District #15, and
WHEREAS, since at this time the watermain does not extend to Mr. Ciolek property, plans for the necessary public waterline extension have been submitted to the Engineering Department for approval, and
WHEREAS, upon all necessary agencies approval, Mr. Ciolek will submit for a Public Improvement Permit to extend the public watermain, and
WHEREAS, an Outside the District Residential Water Service Agreement has been signed and submitted by Mr. Ciolek
RESOLVED, that the Town Board does hereby approve the Out-of District Water Service Agreement between the Town of Orchard Park Water District #15 and Leonard Ciolek of 4475 Transit Road, Town of Aurora, New York, as recommended by the Town Engineer.
The resolution was unanimously adopted.
DEPARTMENT HEADS FROM THE FLOOR
Town Assesor, Linda Yancey, and Recreation Director, Ed Leak, were both at the meeting, neither had any report for this evening’s meeting.
23) 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 approval of all entries on Warrant #12 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 444,793.84 |
|
Part Town Fund |
$ 4,715.63 |
|
Risk Retention |
$ 9,932.34 |
|
Cemetery Fund |
0 |
|
Highway Fund |
$ 17,133.45 |
|
Special Districts |
$ 130,918.40 |
|
Trust & Agency |
$ 28,656.48 |
|
Capital Fund |
$ 13,704.00 |
The resolution was unanimously adopted.
24) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby receive and file the following reports listed on the agenda: Chief of Police’s Monthly Report for May 2004, and the Building Inspector’s Monthly Report for May 2004.
The resolution was unanimously adopted.
Marvion Ashburn – 6326 Benning Road: Mr. Ashburn had questions regarding the tax equalization process that just took place.
Mike Talty – 8 Fox Chapel: Mr. Talty sent a letter to the Town Board to address questions regarding the Birdsong Development and has asked the Town Board to respond to it. He also stated that the traffic, by the construction vehicles, has increased on their street. He asked about drainage issues in the Fox Chapel area. Councilwoman Ackerman said the Town Board would review his letter at the next work session, and then respond to the letter.
Beverly Rick – 62 Fox Chapel: Mrs. Rick wants green space put behind her home to block their view from the Birdsong subdivision. She also wants the Town to have the design of the lots in Birdsong revised.
Joseph Rick – 62 Fox Chapel: Mr. Rick has concerns with the drainage in their area and outlined some of the current drainage issues and how they affect the Fox Chapel residents at this time. He also is concerned that the current design to handle water run off below Fox Chapel, that goes into the Birdsong Subdivision is inadequate. He stated that he does not want a culvert running across the back of his yard to handle the run off, as it will never empty out, and infestation of animals will result. Mr. Rick feels the Fox Chapel/Birdsong area is a unique situation and requires a larger drainage handling capacity than would normally be required.
Dr. Thomas Stewart – 37 Fox Chapel: Dr. Stewart talked about the construction traffic, and safety issues. He also stated that he lives on the south side of Fox Chapel and he also has considerable drainage problems.
Nick Taneff – 279 Summit Avenue: Mr. Taneff said that with the tax equalization that has taken place, and the 10% cut taken from the Department Heads budget this year, the Town has more money to work with, and he feels that some of this should be restored to the departments. Mr. Taneff stated that the Fire Inspector position should be made full time to adequately police the Town. He also wanted to remind the Town Board his feelings about putting in buffer zones.
Henry Dinder – 5532 Big Tree Road: Mr. Dinder said he was before the Town Board once before regarding the discharge of fire arms in Orchard Park. He had two windows that had gunshots through them. He would like to see the DEC change the line where people can hunt in Orchard Park, currently the line is at Southwestern Blvd. He worries about the safety of the Town residents.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Councilwoman Ackerman, to wit: the meeting was adjourned at 9:40 PM (local time).
Respectfully Submitted,
Town Clerk