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2119103 a Meeting of the Town Board of the Town of Orchard Park, Erie

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2119103 a Meeting of the Town Board of the Town of Orchard Park, Erie 4th Town Board Meeting 2119103 Pagel 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 19th day of February 2003 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there I were: PRESENT AT ROLL CALL: Toni M. Cudney Supervisor David M. Buyer Councilman Nancy W. Ackerman Councilwoman Stanley A. Jemiolo, Jr. Councilman Janis A. Colarusso Town Clerk Leonard Berkowitz Town Attorney Joseph M. Campion Building Inspector Samuel McCune Chief of Police Wayne Bieler Town Engineer ABSENT: David R. Kaczor Councilman Ronald A. Geitter Superintendent of Highways 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 ofEthics. " 1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT: RESOLVED, that the minutes of the Town Board Meeting held for the February 5, 2003, as presented by I 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 At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the Proposed Local Law for the Year 2003; Volunteer Firefighter's Property Tax Exemption. 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 stated that she has received a letter from the Chairman of the Orchard Park Fire District, William Szewc, representing the 161 firefighters in this district who support this legislation and wish to see it passed. Comments from the floor: Jerry Scoones, 15 Greenlake Drive: He supports any legislation that may help our valiant firefighters in I Orchard Park. 4th Town Board Meeting 2119103 Page 2 Alan Vox, 66 Greenlake Drive: He wanted to know if this legislation eliminates property tax for the firefighters. Town Attorney stated this legislation only gives the firemen a minimal deduction in their property taxes. 2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT: RESOLVED, that the Public Hearing in the matter of the Proposed Local Law for the Year 2003; Volunteer Firefighter's Property Tax Exemption for the Town of Orchard Park is hereby closed at 7:06 PM (local time). The resolution was unanimously adopted. 3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT: WHEREAS, following due and timely notice a Public Hearing relating to the matter of Local Law for the Year 2003, which provides for a Property Tax Exemption for Volunteer Fireman, was conducted this evening, at which time all parties were given an opportunity to be heard NOW THEREFORE be it, RESOLVED, that the Town Board is hereby authorized to adopt Local Law #1 for the Year 2003 which provides as follows: 1. Real property owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated volunteer ambulance service or such enrolled member and spouse shall be exempt from taxation to the extent of ten percent of the assessed value of such property for village, town, part town, special district, or county purposes, exclusive of special assessments, provided further, however, that such exemption shall in no event exceed three thousand dollars multiplied by the latest state equalization rate for the assessing unit in which such real property is located. 2. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service unless: (A) the applicant resides in the town, or village which is served by such incorporated volunteer fire company or fire department or incorporated voluntary ambulance service; (B) the property is the primary residence of the applicant; (C) the property is used exclusively for residential purposes; provided however, that in the event any portion of such property is not used exclusively for the applicant's residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; and (D) the applicant has been certified by the authority having jurisdiction for the incorporated volunteer fire company or fire department as an enrolled member of such incorporated volunteer fire company or fire department for at least five years or the applicant has been certified by the authority having jurisdiction for the incorporated voluntary ambulance service as an enrolled member of such incorporated voluntary ambulance service for at least five years. 4th Town Board Meeting 2119103 Page 3 3. Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than twenty years of active service and is so certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, shall be granted the ten percent exemption as authorized by this section for the remainder of his or her life as long as his or her primary residence is located within Erie County. 4. Application for such exemption shall be filed with the assessor or other agency, department or office designated by the Town offering such exemption on or before the taxable status date on a form as prescribed by the State Board. 5. No applicant who is a volunteer firefighter or volunteer and ambulance worker who by reason of such status is receiving any benefit under the provisions of this article on the effective date of this section shall suffer any diminution of such benefit because of the provisions of this section. 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 Absent The resolution was duly adopted. New Business #1 Authorize Recreation Director to Attend New York State Seminar 4) 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 Recreation Director, Edward Leak, to attend the New York State Recreation & Park Society 63rd Annual Conference & Business Expo, March 30th to April 2nd, 2003, at town expense. The resolution was unanimously adopted. New Business #2 Authorize Supervisor to Sign Agreement w/Skylighters of Western New York 5) 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 authorize the Supervisor to sign the Agreement with Skylighters of Western New York, Inc., for the Town of Orchard Park's Annual Fireworks Display on Friday, July 4th, 2003. The resolution was unanimously adopted. 4th Town Board Meeting 2119103 Page 4 New Business #3 Orchard Park Central School Request for Voting Machines 6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT: I RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Central School District for the use of twelve (12) Town of Orchard Park Voting Machines for the Annual District Meeting and Vote on Tuesday, May 20,2003 at the Orchard Park Middle School from 7:00 AM to 9:00 PM, and be it further RESOLVED, that the Town Board does hereby expects all twelve (12) voting machines to be returned in the same condition received from the Town, and if there is any damage to any of the twelve (12) voting machines, the Orchard Park Central School District is fully responsible for all repairs. The resolution was unanimously adopted. New Business #4 Authorize Supervisor to Sign Notice of Intent, as requested by the Town Engineer 7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT: WHEREAS, under the new Federal Phase II stormwater regulations by the US Environmental Protection Agency (EPA), the Town must develop, implement, and enforce a stormwater management program (SWMP) designed to reduce the discharge of pollutants from small Municipal Separate Storm Sewer Systems (MS4's) to the maximum extent practicable in order to protect water quality, and WHEREAS, to satisfy the appropriate water quality requirements of the Environmental Conservation I Law and the Clean Water Act, along with the Stormwater Phase II regulations, the Town owned and operated separate storm sewers systems (MS4's) which lie within the regulated MS4 areas require a State Pollutant Discharge Elimination System (SPDES) Permit, and WHEREAS, the first part of this program setup by New York State Department of Environmental Conservation (NYSDEC) is the Notice of Intent (NOI), which upon submission constitutes notice that the Town intends to be authorized by the NYSDEC's Small MS4 State Pollutant Discharge Elimination System (SPDES) General Permit issued for storm water discharges from the Town's separate storm sewer system (MS4), and WHEREAS, to obtain this coverage by March 10, 2003, the NYSDEC must receive the NOI by March 5, 2003, NOW, THEREFORE, be it RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the New York State Department of Environmental Conservation Notice of Intent (NOI) to start the process of obtaining the required State Pollutant Discharge Elimination System (SPDES) General Permit for Municipal Separate Storm Sewer Systems (MS4) and meet the March 5th submittal deadline, as recommended by the Town Engineer.
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