A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 17th day of March 2004 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
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 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 MILLS, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on March 3rd of the Year 2004, as presented by the Town Clerk, are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
The resolution was unanimously adopted.
PUBLIC HEARING
The Supervisor called for the Public Hearing at 7:00 PM, the advertised time, to hear all interested parties for or against the adoption of Proposed Local Law for the Year 2004, proposed amendments to the Town Code which provides as follows:
Chapter 52
§52-6 CONSERVATION EASEMENTS
Such proposal shall be submitted in such manner and form as may be prescribed by the Conservation Board and shall include a survey map and metes and bounds description of the proposed area. [The owner shall pay to the town a fee of fifteen dollar ($15) which shall be deemed a reasonable sum to cover the costs of administration, no part of which shall be returnable to the applicant.]
§52-7 VALUATION FOR TAXATION
After acquisition of any such interest pursuant to this chapter, the valuation placed upon such area for purposes of real estate taxation shall take into account and be limited by the limitation of the future use of the land.
The limitation will be calculated by the Assessor first determining the going market value of farmland in the immediate area which may include farmland in the Towns of Aurora, Boston and Hamburg. Secondly, the vacant land within the Conservation Easement of the parcel will have the assessment reduced by the following percentages, thus compensating for the loss in value due to the Conservation Easement being placed upon the vacant land within the Conservation Easement of the parcel.
15-29 year commitment 50% reduction
30-49 year commitment 75% reduction
50-75 year commitment 85% reduction
Perpetual commitment 90% reduction
§52-8 PENALTIES FOR OFFENSES
If there is a violation of the terms and conditions of the Conservation Easement Agreement or if said Conservation Easement Agreement is canceled by the Town Board upon petition, then the owner or owners of said property must pay the Town of Orchard Park the following amounts:
[A. All taxes granted abatement under and pursuant to the Conservation Easement Agreement, said taxes to include improvement districts and other taxing units to which the property is subject. Said back taxes shall be limited as follows: any easement broken before its 11th year will be subject to a five-year maximum rollback; and easement broken between the 11th and 15th year will be subject to a four-year maximum rollback; and easement broken in its 16th year or later will be subject to a three-year maximum rollback, and
B. The penalty assessed on the basis of the previous year’s tax abatement multiplied by a factor equal to the term of the easement. This factor shall not exceed five (5).]
A. All taxes abated pursuant to the Conservation Easement Agreement, as limited by the remainder of this sub-paragraph, including those taxes imposed by the state, county, town, school districts and all special improvement districts and other taxing units to which the property is subject. Repayment of the aforementioned abated taxes shall be based upon the following calculations;
i. Easement agreements violated or cancelled before the 15th year will be subject to repayment of the amount of the abated taxes for the past year, multiplied by five.
ii. Easement agreements violated or canceled between the 15th and 20th years will be subject to repayment of the amount of the abated taxes for the past year, multiplied by four.
iii. Easement agreements violated or cancelled in its 20th year or later will be subject to repayment of the amount of the abated taxes for the past year, multiplied by three.
B. A penalty, which is based upon the amount of the previous year’s tax abatement, multiplied by a factor (not to exceed 25) equal to the duration of the easement agreement, plus 6%.
§52-9 PRIOR EASEMENTS
All Conservation Easements filed in the Erie County Clerk’s office prior to adoption of this Amendment to §52-8 of the Orchard Park Town Code, shall be governed by the provisions of §52-8 of the Orchard Park Town Code which were in effect prior to the adoption of this Amendment.
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.
At this time Supervisor Cudney opened the Public Hearing to hear all interested persons for or against the Proposed Amendment to the Town Code of Ordinances.
Name/Address Proponent/Opponent
James Loesch – 32 Melant Dr.: Chairman of the Conservation Board Proponent
Mr. Loesch stated the Conservation Board supports this amendment
Marvion Ashburn – 6326 Benning Rd.: Opponent
Linda Yancey-5031 Armor Duells Road: Town Assessor Proponent
Richard Leonard – 33 Burbank Dr. Proponent
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of Local Law for the Year 2004, Changes to the Town Code Ordinance, Chapter #52 Conservation Easement, is hereby closed at 7:24 PM (local time).
The resolution was unanimously adopted.
The Town Board stated that they are not going to take any action on the proposed changes to the Conservation Easement tonight.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, following due and timely notice, a Public Hearing in the matter of the reclassification of vacant land, east side of California Road, from R-3 to R-3 Special Exception Use for the purpose to construct town houses, as petitioned by Walter J. Schmidt, was conducted at the Municipal Center, S4295 South Buffalo street, Orchard Park, New York on the 21st day of January 2004 at which time all interested parties were heard
NOW, THEREFORE, be it
RESOLVED that the Town Board does hereby approve the request from Walter Schmidt, 14.34 acres of vacant land on the east side of California Road, for Reclassification from R-3 to R-3 Special Exception Use in order to construct a townhouse project, and be it further
RESOLVED, that this is a Type I Unlisted SEQR Action based on the submitted Full EAF Parts 1 and 2. A negative declaration is made, and be it further
RESOLVED, that the approval is contingent upon the applicant completing the project as proposed on the development plans dated 11/05/2003, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code, as recommended by the Planning Board, 12/10/2004, and the Town Attorney.
Supervisor Cudney stated that making a decision regarding this petition was not easy for the Town Board. She stated that in her research California Road was considered a farm zone prior to 1958. In 1958 a commission established the various zones that we use today, and California Road was then made an R-3 zone. In 1967, the special exception uses were added to the R-3 zone. When special exception use is granted, the Town Board, Planning Board and Conservation Board can regulate much more of the project than if the parcel is used for a subdivision.
The original application by Walter J. Schmidt for this site was denied by the Town Board based on several concerns, one of which was traffic. Mr. Schmidt sued the Town. The Town’s decision was upheld by the Judge based solely on the traffic issue and the lack of a signal light at the intersection of California and Big Tree Road. A short time later, a traffic light was installed at that corner, and Mr. Schmidt came back to resubmit his project to the Town Board.
The Town Planning Board worked with Mr. Schmidt and reduced the number of units. The traffic study was revised to do a comparison with other existing town house units and the study showed that there are fewer trips in and out of the townhouse projects than in a similar sized subdivision. The setbacks on the plan submitted to the Town Board are greater than what could be mandated on single family homes. Drainage was an issue, so on the new plans there are two storm water detention ponds that are designed to the one-hundred year storm.
The project will have a private road built to public road specs. The number of school children in town house units is half of what you would see in private single family homes. Accessory buildings, such as garages, pools and storage sheds can be better controlled in a town house project. All this helps to reduce the impact on public services.
Supervisor Cudney said the impact on the neighborhood is a valid issue, and she feels the impact of town houses in that area would be close to what a subdivision would be. The ideal would be to have no more building and keep the rural setting, but that is not the reality of the world, or of Orchard Park.
There is a need for this kind of project. Many residents are ready to move out of their single family home into a town house and have made this clear to the Town Board. Supervisor Cudney also talked to the Town Attorney regarding this matter and he had stated that “You cannot legally deny this kind of project, it is permitted in that area”. After much consideration, and weighing all the issues, Supervisor Cudney stated that she is going to vote for this project.
Supervisor Cudney took this time to state, that in the Land Use Study, most of the residents want to see Orchard Park retain it’s semi-rural setting. In order to accomplish that objective, the Government Officials should proceed with steps to implement the necessary tools and zoning changes to bring this about, and to also adopt the Updated Comprehensive Plan.
Councilwoman Ackerman said she had completed her own independent study of this project and stated that she has been involved with serious land use issues in Orchard Park since 1972 and has seen the impact subdivisions have in neighborhoods. Most of the residents on California Road would like to see the land remain as it is, but the town cannot legally enforce that. The owner of the land has every right to develop his land within the permitted uses. She pointed out two similar projects that were done in farm areas; off of Baker Road and off of Webster Road, and stated that the character of the surrounding area has not been significantly impacted.
Councilwoman Ackerman looked at traffic issues, impact on schools and maintenance required by the Town. She also looked at drainage issues, lighting, buffering, and accessory buildings and felt that a townhouse project would have less impact than a subdivision. Councilwoman Ackerman also stated that there is a need for this type of project. With a special exception classification, this project will have a more significant review and scrutiny than a subdivision and the Town will have more control over the project. Therefore, it will be a better project and have less of an impact on the neighborhood, so she will be voting for the project.
Councilman Kaczor stated that he too has done a lot of research into this issue and did not make up his mind until today. He reviewed all the files, talked to the Town Assessor, former Chairman of the Planning Board, Chairman of the ZBA and the Planning Director to help make his decision. When he drove by the area he realized that with the set backs established, the buffering, control over the lighting, drainage resolution and the Town’s control over the project, the Schmidt town house project would have less impact on the neighborhood than a subdivision would. Therefore, he stated that he would vote for the reclassification.
Councilman Jemiolo stated that one of the criteria of special exception use that is talked about in the code book is character of the neighborhood. Most the neighbors at the Public Hearing for this project stated they would prefer single family homes to this project, as most of the housing on California Road is single family housing. Councilman Jemiolo stated that he realizes that there is a need for this type of housing, but he does feel that this is not the time or place for this type of project, and that there is a need to find other places for townhouse projects. He also feels that because of the growth of the Town, granting any exceptions or changes should be carefully evaluated, and for all those reasons Councilman Jemiolo stated he will not be supporting the project.
Councilman Mills said the time and effort that the Town Board members put into reviewing this project shows the dedication of the Town Officials and their serious desire to keep the Town a great place to live and at the same time control growth within the Town. Regarding the Baker Road Townhouse project, the property was contiguous to an apartment complex and the Royal Hill Subdivision, and he felt that this served as a good transition zone. Fox Run, on the corner of California Road and 20A is another project that serves as a good transitional project between business and residential areas. Councilman Mills stated that he feels this project will change the California Road area character forever. Also, there are no buffer zones between this project and the rest of the neighborhood and buffer zones are necessary. Therefore, he is not in favor of this project.
The question of the adoption of the foregoing resolution was duly put to a roll call vote which resulted as follows:
Toni M. Cudney Aye
Nan W. Ackerman Aye
Stanley A. Jemiolo Nay
David R. Kaczor Aye
John J. Mills Nay
The resolution was duly adopted.
Old Business #2 Benderson Development Co., Inc., Request to Rezone to Construct Multiple Bldgs.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
The resolution was unanimously adopted.
Old Business #3 J. DeMarco, 2799 Southwestern Blvd., Request approval of revised site plan
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby approve of the revised as-built layout received 3/1/04 by the Planning Board for Joe DeMarco, 2799 Southwestern Boulevard. The Planning Board, 3/10/04, recommends this approval with the following stipulations:
1. A negative declaration was issued by the Town Board for the original site plan on 3/20/02.
2. Because a Landscape Completion Bond was obtained for the original landscape plan in the amount of $5,200.00 in 2003, and the value of the landscaping for the revised plan is substantially higher than the original plan, the petitioner shall secure another Landscape Completion Bond in the amount of $5,950.00 to make up the difference, in accordance with the Conservation Board minutes.
3. The dumpster currently on the site shall be properly screened with gates. Any other dumpsters on the site shall be screened in accordance with Section 144-25 of the Town Code.
4. No outside storage or display is permitted.
5. The Building Inspector is to assist Mr. DeMarco in completing the project as specified according to the time frame that has been offered at this public meeting.
The resolution was unanimously adopted.
Old Business #4 K. Wehrfritz, 2799 Southwestern Blvd., Request for Change in Use
6) 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 Karen Wehrfritz, 2799 Southwestern Boulevard, for a change in use from residence to beauty salon as recommended by the Planning Board 3/10/04 with the following stipulations:
§ This is an unlisted SEQR action based on the submitted Short EAF, Parts One and Two, and a negative declaration is made
§ The building is brought up to code.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
WHEREAS, the Town of Orchard Park is in receipt of final drawings, designs, detailed bid specifications and maintenance manual for the landscaping plan at the Milestrip Road Recreation Site, and
WHEREAS, due to changes made in the parking lot design requested by Highway Superintendent Geitter and Town Engineer Bieler, five drawings required changes at a cost of $55 each: total $275 additional charges
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize a change order to the original contract of $275, to be paid to Lydon Landscape and Design and the original contract is for $12,600 and is completed.
The resolution was unanimously adopted.
New Business #2 Supervisor to Sign Agreement for Consultant Inspection Services/Sterling Park
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR , TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Tallamy, VanKuren, Gertis & Associates, 1000 Maple Road, Elma, NY to provide inspection services on P.I.P. 2004-3 for the construction of the Sterling Park Public Road Extension Phase 1.
The resolution was unanimously adopted.
New Business #3 Joseph Ippolito, 3085 Southwestern Blvd., Request to extend Excavation Permit
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 approve the request of Joseph Ippolito, J-M Webster Development, Inc., vacant land on Webster Road, for an extension of his Excavation, Removal and Storage of Materials Permit #2002-02 for one (1) year, as recommended by the Town Engineer and the Town Building Inspector, and be it further
RESOLVED, that Mr. Joseph Ippolito will be required to pay the renewal fee of $50.00, per acre as per Section 144-26 of the Town Code.
The resolution was unanimously adopted.
New Business #4 A. Cimato & Marrano/Marc Equity Corp. Request for waiver
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the firm representing Anthony Cimato and Marrano/Marc Equity Corp. with respect to Part 8 of the Eagle Heights Subdivision, are submitting a request that a waiver be granted from the Town’s requirement that street lighting be installed within the final part of the Eagle Heights Subdivision, and
WHEREAS, none of the previous seven parts have street lighting and Mr. Cimato has demonstrated a commitment to developing the project site in a manner that will be consistent with the character of the surrounding vicinity, and
WHEREAS, owners of single-family lots directly adjacent to the project site have previously expressed their opposition to the installation of street lighting, and
WHEREAS, the Police Chief and Highway Superintendent have expressed the need for street lighting and the Planning Board required a street lighting plan all for reasons of public safety, and
WHEREAS, the Town Code requires street lights in a new subdivision
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby deny the request for a waiver from the Town’s requirements that street lighting be installed within the final part of the Eagle Heights Subdivision, Part 8, as recommended by the Town Engineer.
The resolution was unanimously adopted.
11) 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 following appointments to the Winter/Spring Recreation Dept. Staff dependent upon the applicants providing the required certifications, as recommended by the Recreation Director:
Elizabeth Hirsch 7014 East Quaker Street Aide
June Piniewski 6971 Potter Road, Derby, NY Aide/Golf Instructor
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the request of Marie Edwards, 2799 Southwestern Boulevard, for Cat/Kitten Adoptions, a non-profit organization, to place a 4’H x 8’W temporary road sign near the road at 2799 Southwestern Boulevard, from March 29, to April 4, 2004 to advertise for a fund raiser and educational week.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED
ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT
RESOLVED, that the Town Board does hereby approve the request from the Erie County College, South Campus for the use of one (1) Town of Orchard Park voting machine to by picked up on March 23, 2004 and returned to the Town on March 26, 2004, in the same condition as when picked up, and be it further
RESOLVED, the repairs to the machine if anything is defective shall be the responsibility of Erie County Community College, South Campus.
The resolution was unanimously adopted.
14) 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 refer to the Planning Board and/or Conservation Board the following item listed on the agenda: Boston Valley Terra Cotta, 6860 Abbott Road. Requesting to start Phase 3 Expansion, which includes 18,000 square foot production building, installation of perimeter access and demolition of an existing building.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town is in the process of closing its accounting records for the fiscal year ended December 31, 2003, and
WHEREAS, certain appropriations accounts were noted to need adjustments to allow for appropriate closing of accounts, and
WHEREAS, the funding for these adjusted appropriations is available within other appropriation accounts in the Town’s 2003 budget,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the amending of the Town’s 2003 budget as follows:
Account Code Department Description To: From:
A1110.000.137 Town Justice Clerical Personnel 1,101.00
A1110.000.139 Town Justice Part Time Clerical 192.00
A1110.000.413 Town Justice Travel & Conferences 1,293.00
1,293.00 1,293.00
A1330.000.139 Tax Receiver Clerical (part-time) 4,944.00
A1330.137.137 Tax Receiver Clerical (part-time) 4,944.00
4,944.00 4,900.00
A1340.000.451 Budget Accounting Services 1,950.00
A1320.000.451 Auditing Accounting Services 1,835.00
A1220.000.421 Supervisor GASB 34 Implementation 115.00
1,950.00 1,950.00
A1355.000.111 Assessor Salary of Deputy Assessor 293.00
A1355.000.137 Assessor Salary –Clerical 922.00
A1355.000.412 Assessor Mileage Reimbursement 23.00
A1355.000.460 Assessor Outside Appraisals/Codif. 1,190.00
A1355.000.100 Assessor Salary of Assessor 2,430.00
2,428.00 2,428.00
A1420.000.455 Law Outside Legal Services 2,202.00
A1420.000.419 Law Other Expenses 900.00
A1410.000.200 Town Clerk Office Equipment 1,302.00
2,428.00 2,428.00
A1440.000.100 Engineer Salary of Engineer 6,284.00
A1440.000.111 Engineer Salary of Assistant Engineer 6,284.00
6,284.00 6,284.00
A1620.000.412 Buildings Mileage Reimbursement 47.00
A1620.000.446 Buildings Contracted Repair & Maint. 2,268.00
A1620.000.421 Buildings Electric 2,315.00
2,315.00 2,315.00
A1670.000.130 Central Services Central Computer Technician 606.00
A1670.000.441 Central Services Central Computer – Hardware 57.00
A1670.000.443 Central Services Central Computer – Maintenance 663.00
663.00 663.00
A1910.000.406 General Association Dues 618.00
A1910.000.431 General Unallocated Insurance 85,696.00
A1910.000.462 General Taxes & Assess on Town
Property 5,600.00
A1910.000.464 General Judgements & Claims 5,500.00
A1910.000.465 General Erie County Chargebacks 2,500.00
A1910.000.480 General Contingent 72,714.00
86,314.00 86,314.00
A2989.000.419 DARE DARE Expenses 759.00
A3120.000.100 Police Police Personnel 759.00
759.00 759.00
A3120.000.102 Police Traffic Safety Grant 1,065.00
A3120.000.104 Police Civilian Dispatcher 331.00
A3120.000.105 Police Police Matron 74.00
A3120.000.110 Police Salary of Bingo Inspector 395.00
A3120.000.137 Police Clerical Personnel 1,464.00
A3120.000.100 Police Police Personnel 3,329.00
3,329.00 3,329.00
A3510.000.100 Dog Control Dog Control Officer 6.00
A3510.000.111 Dog Control Assist. Dog Control Officer 6.00
6.00 6.00
A7020.000.100 Recreation Salary of Director 4,158.00
A7020.000.137 Recreation Salary – Part-time 329.00
A7020.000.420 Recreation Telephone 22.00
A7020.000.459 Recreation Training 38.00
4,547.00 4,547.00
A7110.000.419 Parks Other 1,650.00
A7110.000.215 Parks Park Equipment 1,650.00
1,650.00 1,650.00
A7550.000.440 Celebrations July 4th Celebration 100.00
A7510.000.449 Historian Markers 100.00
100.00 100.00
A7610.000.400 Senior Citizens Group Expenses 64.00
A7610.000.401 Senior Citizens Senior Citizens Van 280.00
A7610.000.442 Senior Citizens Gas 344.00
344.00 344.00
A8560.000.420 Forestry Tree Planting Expense 2,904.00
A8560.000.471 Forestry Tree & Stump Removal 2,904.00
2,904.00 2,904.00
A9010.000.810 Benefits State Retirement 11,270.00
A9065.000.814 Benefits Flex Plan 8,873.00
A9015.000.811 Benefits Police Retirement 20,143.00
B1670.000.130 Central Services Central Computer Technician 203.00
B3620.000.111 Building Inspector Salary of Deputy Inspector 1,891.00
B3620.000.137 Building Inspector Salary of Clerical 64.00
B3620.000.202 Building Inspector Safety Inspectors Equipment 2,158.00
2,158.00 2,158.00
B9010.000.810 Benefits Employees Retirement 1,239.00
B9065.000.814 Benefits Flex Plan 112.00
B9080.000.818 Benefits Dental Insurance 763.00
B9090.000.817 Benefits Medicare 2,114.00
2,114.00 2,114.00
DA1910.000.431 General Unallocated Insurance 21,595.00
DA5110.000.144 Highway Laborers 21,595.00
21,595.00 21,595.00
DA5142.000.144 Snow Removal Laborers 12,662.00
DA5110.000.144 Highway Laborers 12,662.00
12,662.00 12,662.00
DA9010.000.810 Benefits State Retirement 6,068.00
DA9040.000.813 Benefits Workers’ Compensation 6,068.00
6,068.00 6,068.00
DA9065.000.814 Benefits Flex Plan 523.00
DA9040.000.813 Benefits Worker’s Compensation 523.00
523.00 523.00
800.8168.0423 Compost Site Water Use 1,962.00
800.8161.0250 Compost Site Equipment 1,962.00
1,962.00 1,962.00
800.8160.0405 Refuse Contracted Brush Pickup 76.00
800.8160.0452 Refuse Recycling Bins 245.00
800.8160.0402 Refuse Brush Pickup 321.00
321.0 321.00
The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the State of New York has imposed a surcharge on cell phone use which was initially created solely to fund development of and improvements to E911 systems around New York State so that the location of cell phone callers may be determined, and
WHEREAS, it has been reported that 41.7% of the cell phone E911 surcharge revenues from August 1, 2002 through June 30, 2003 ($40,800,114.00) was deposited into the State’s General Fund
RESOLVED, that this Town Board demands that those officials who are responsible for diversion of the E911 surcharge revenues from its original purpose to comply with the original intent of such surcharge; that is, allocation of such funds to the various counties, including Erie County, to enhance the E911 system so that the location of cell phone callers may be determined, and be it further
RESOLVED, a copy of the resolution be forwarded to the Governor, County Executive and all appropriate Legislators on the local and state level.
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a bid opening for a three year Brush Pickup Contract on Tuesday March 30, 2004 at 11:00 AM (local time) in the Supervisor’s Office, and be it further
RESOLVED that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
DEPARTMENT HEADS FROM THE FLOOR
18) 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 authorize the approval of all entries on Warrant #6 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$116,406.61 |
|
Part Town Fund |
$794.00 |
|
Risk Retention |
$2,029.94 |
|
Highway Fund |
$28,864.15 |
|
Special Districts |
$137,247.10 |
|
Trust & Agency |
$1,560.00 |
|
Capital Fund |
$235,408.49 |
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications and Report as listed on the agenda:
§ Erie County Department of Public Works Division of Highways. A portion of Milestrip Road from Route 240/277 to Baker Road will be closed due to highway reconstruction. Access will be maintained to all residents living within this segment of highway. Closure will be in effect from March 15, 2004 until completion.
§ 7th Annual Affordable Home Show, Saturday, March 27, 2004, at Erie Community College Atrium, 121 Ellicott Street, Buffalo New York. The Show highlights houses throughout the region that cost between $25,000 and $125,000.
§ Citizens’ Environmental Coalition (CEC) requesting to conduct their Annual Membership Drive, starting now through to April 30, 2004.
§ Chief of Police’s Monthly Report for February 2004.
The resolution was unanimously adopted.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED IT ADOPTED SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, regarding the Citizens Environmental Coalition Group, the Town Board does hereby authorize said Citizens Group to conduct their membership drive during the hours of 10:00 AM until dusk.
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: Requested information regarding cast iron, and pvc water lines life span of 100 years. Asked to see the Town’s Corporate Charter. He was told that Towns do not have Corporate Charters.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 8:27 PM (local time).
Supervisor wished to adjourn the meeting with an Irish Blessing:
May the road rise to meet you, may the wind be always at your back, may the sun shine warm upon your face, the rain fall soft upon your fields and, until we meet again, may God hold you in the palm of his hand.
Respectfully Submitted,
Town Clerk