TOWN OF CAMBRIA TOWN BOARD MARCH 10, 2005
The regular meeting of the Town of Cambria Town Board was held on the 10th day of March 2005 at 8:00 PM at the Cambria Town Hall, 4160 Upper Mountain Road, Town of Cambria, NY
BOARD MEMBERS PRESENT: Wright H. Ellis, Supervisor Robert E. Blackman, Councilman George J. Bush, Councilman Matthew P. Foe, Councilman
ALSO PRESENT: Amel S. Jowdy, Jr., Water/Sewer Superintendent Jon T. MacSwan, Highway Superintendent Lou Rosati, Wendel Duchscherer Robert Roberson, Attorney
PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT SMALL CITIES PROGRAM The Clerk read the following public hearing notice: PLEASE TAKE NOTICE that the Town Board of the Town of Cambria will hold a Public Hearing at the Town Hall, 4160 Upper Mountain Road, Sanborn, New York 14132 on Thursday, March 10th, 2005 at 8:00 PM to hear and consider potential impacts and benefits to the Town of Cambria relating to a proposed application to New York State Community Development Block Grant Small Cities Program for funding a water project to service senior citizens and low income households, thereby reducing the debt burden from the proposed project per household. The project consists of construction of a water interceptor along Unicorn Drive and Eagle Drive running from Shawnee Road to Diller Road which directly services two senior citizen low income complexes as well as senior citizen individual housing on Fairview Drive, all in the Town of Cambria. The construction of this water improvement will not increase costs to residents of the Town of Cambria. Comments from the public either orally or in writing will be considered at the public hearing to be held as aforesaid. BY ORDER OF THE TOWN BOARD TOWN OF CAMBRIA Supervisor Ellis opened the public hearing indicating this is the third application which the Town has made for a grant for this particular water improvement project. The proposed cost and amount applied for is $400,000. Amel Jowdy, Water/Sewer Superintendent, indicated there is no problem with quality of the water; the main concern is low flow and water pressure. There was no one present desiring to be heard on said matter. The public hearing was closed at 8:10 PM. Following pledge to the flag, Supervisor Ellis opened the regular meeting of the Town Board. Board members took action upon the following matters: APPROVAL OF MINUTES: Upon a motion duly made by Councilman Bush and seconded by Councilman Blackman, it was resolved that the Minutes of the meeting of February 10, 2005 be approved as presented. Ayes: Blackman, Bush, Ellis, Foe APPROVAL OF VOUCHERS Having been reviewed by the Town Board, the following claims were presented for payment: Capital Projects Fund Cemetery Fund General Fund Highway Fund Recreation Fund Refuse Fund Sewer Operating Fund Water Construction Water Operating Claims 15 – 19 Claim 1 Claims 123 – 168 Claims 50 - 74 Claim 1 Claims 5 – 6 Claims 24 – 36 Claim 4 Claims 49 – 64 $37,369.11 $ 46.50 $32,838.63 $42,239.20 $ 196.85 $25,601.91 $230,049.28 $ 103.75 $ 5,700.81 -Motion Carried-
Upon a motion duly made by Councilman Foe and seconded by Councilman Blackman, it was resolved that the abstract of audited vouchers be approved as presented. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-
TOWN OF CAMBRIA TOWN BOARD MARCH 10, 2005 PAGE TWO COMMUNITY DEVELOPMENT BLOCK GRANT SMALL CITIES PROGRAM Following two public hearings on the matter relating to an application for a grant through the Community Development Block Grant Small Cities Program, the following resolution was adopted: Upon a motion duly made by Councilman Blackman and seconded by Councilman Foe, it was resolved to authorize the submittal of a grant application/agreement with the New York State Community Development Block Grant Small Cities Program relating to construction of a water interceptor along Unicorn Drive and Eagle Drive running from Shawnee Road to Diller Road in the Town of Cambria. Ayes: Blackman, Bush, Ellis, Foe TOWN HALL EXPANSION Lou Rosati, Wendel Duchscherer, presented the following Change Orders relating to the Town Hall expansion project: Walter S. Johnson Bldg. Co., Inc. Walter S. Johnson Bldg. Co, Inc. Parise Mechanical, Inc. W. C. Roberson Plumbing Tunney Electric, Inc. Tunney Electric, Inc. Change Order No. 4 Change Order No. 5 Change Order No. 2 Change Order No. 3 Change Order No. 5 Change Order No. 6 $ 396.00 $1,164.00 $1,270.00 $ 291.15 $ 324.00 $ 751.00 -Motion Carried-
Upon a motion duly made by Councilman Bush and seconded by Councilman Foe, it was resolved that the Change Orders be approved as presented. Ayes: Blackman, Bush, Ellis, Foe PAINTING PROPOSAL Upon a motion duly made by Councilman Foe and seconded by Councilman Bush, it was resolved to accept the proposal submitted by W. S. Johnson Building Co. for painting of six office areas at a cost of $1,963.00. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-Motion Carried-
REZONING REQUEST – PROPERTY ON SOUTH SIDE OF ROUTE 31 FROM R-1 TO PD The following letter from the Town of Cambria Planning Board was presented: Re: Application to Rezone Property on South Side of Route 31 from R-1 to PD Dear Wright: As per the Town of Cambria Town Board’ recent request, please be advised that the Town of Cambria Planning Board makes s the following recommendation to the Town Board for the above application: 1. 2. The Planning Board recommends that the Town Board approve the above-referenced application for rezoning based upon said premises being contiguous to an all ready existing PD parcel; and That, as requested by the property owner, Todd Wendt, property which he owns commonly known as 3059 Shenk Road (Tax Map No. 134.00-0-70) should be eliminated from the parcel included in this rezoning request, and Mr. Wendt’ parcel should remain zoned R-1. s
If there are any questions, or if you require anything further, do not hesitate to contact me. Very truly yours, William Amacher Chairman Town of Cambria Planning Board A brief discussion ensued relative to the exclusion of the property at 3059 Shenk Rd. Councilman Bush indicated inclusion of this parcel would connect the entire PD area and should not be detrimental to the property owner. Councilman Foe expressed similar comments indicating if it were not included, it would serve as a wedge between the two PD areas. Upon a motion duly made by Councilman Foe and seconded by Councilman Blackman, it was resolved to call a public hearing for 8:00 PM on April 14, 2005 on the matter of rezoning property located on the south side of Route 31 between Route 429 and Shenk Road from R-1 to PD. Ayes: Blackman, Bush, Ellis, Foe HOUSEKEEPING/INVENTORY PROGRAM Jon MacSwan reported that progress is continuing with installation of storage racks and painting of offices. -Motion Carried-
TOWN OF CAMBRIA TOWN BOARD MARCH 10, 2005 PAGE THREE APPOINTMENT - ALTERNATE MEMBER TO ZONING BOARD OF APPEALS Upon a motion duly made by Councilman Blackman and seconded by Councilman Bush, it was resolved to appoint Norman Allen, 5111 Lower Mountain Road, as the alternate member to the Zoning Board of Appeals for a oneyear term to expire 12/31/05. Ayes: Blackman, Bush, Ellis, Foe APPOINTMENT – RECREATION COMMITTEE MEMBER Upon a motion duly made by Councilman Bush and seconded by Councilman Foe, it was resolved to appoint Joy Jordan, 3688 Ridge Road, as a member of the Recreation Committee for a three-year term to expire 12/31/07. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-Motion Carried-
AWARD OF BID – WATER FITTINGS AND APPURTENANCES With regards to the bids received on March 7th for Water Fittings and Appurtenances, Mr. Jowdy indicated that Ti Sales was the low bidder on the fire hydrants, but bid on a hydrant, which the Town does not currently have in the system. Also, there were two items, which Ti Sales did not bid; the difference in their bid compared to Lock City Supply is less than $1,000. He recommended award of the bid to Lock City Supply. He indicated he would probably purchase the valve boxes from Ti Sales. Upon a motion duly made by Councilman Blackman and seconded by Councilman Bush, it was resolved to accept the low bid submitted by Ti Sales and Lock City Supply, item per item, provided the item meets bids specifications. Ayes: Blackman, Bush, Ellis, Foe CONCERNS OF CITIZENS There was no one present desiring to be heard on any particular matter. TOWN CLERK REPORTS The Clerk reported as follows: -Receipt of Building Inspector’ Report February 2005 – s Total Receipts $675.00 Total estimated value of construction: $210,000 -Motion Carried-
-Niagara County SPCA Report February 2005 - 24 Animal Contacts -Water Receipts February 2005 - $37,311.59 -Procurement Policy Form – Purchase of Office Furnishings Town Clerk’ office – Request authorization to purchase s from Office Furniture Center at a total cost of $6,330.31(State Contract) for three workstations Upon a motion duly made by Councilman Bush and seconded by Councilman Foe, it was resolved to authorize the purchase of office furnishings for the Town Clerk’ office from Office Furniture Center, Tonawanda, NY at the State s Contract price of $6,330.31. (price does not include installation/delivery) Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-
-Letter from Donna L. Antoncich dated March 10, 2005 indicating she will be retiring from her position as Account Clerk/Typist for the Town of Cambria Water District on April 15, 2005. Upon a motion duly made by Councilman Bush and seconded by Councilman Blackman, it was resolved to accept with regret Donna L. Antoncich’ letter of resignation and express the Board’ appreciation for her 30 years of s s service to the Town of Cambria. Ayes: Blackman, Bush, Ellis, Foe HIGHWAY DEPARTMENT REPORTS Jon T. MacSwan, Highway Superintendent, reported as follows: -Highway Mechanic Position - Patrick McCoy, has requested to change his classification from Mechanic to MEO Upon a motion duly made by Councilman Foe and seconded by Councilman Bush, it was resolved to authorize the Town Supervisor to apply to the Niagara County Civil Service Commission for creation of an additional MEO position in the Highway Department. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-Motion Carried-
TOWN OF CAMBRIA TOWN BOARD MARCH 10, 2005 PAGE FOUR HIGHWAY DEPARTMENT REPORTS -Auction of Road Grader- Mr. MacSwan reported the Road Grader has been used once in the last eight years. He requested authorization to auction it off with a reserve of $25,000. He would report to the Supervisor and Attorney prior to the transfer of any paperwork. Upon a motion duly made by Councilman Foe and seconded by Councilman Bush, it was resolved to authorize the Highway Superintendent to proceed with the auction of the Road Grader with a report to the Supervisor and Attorney prior to the transfer of any paperwork. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-
-Drainage Committee – Organizational meeting was held to design a maintenance plan for various drainage ditches. The Engineers will be at the next meeting at which time they will review maps. -Shared Services Agreement – A written shared services agreement is being drafted which will include all participating municipalities. Mr. MacSwan indicated he has been approached by the Town of Wheatfield for assistance for a major drainage job they have and Wheatfield would help us when we are ready for the park work. Upon a motion duly made by Councilman Bush and seconded by Councilman Blackman, it was resolved that the Highway Superintendent be authorized to proceed with negotiations with the Town of Wheatfield for shared services for a period of up to three weeks provided a written shared services agreement is in place. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-
Mr. MacSwan also reported that he is investing in the re-building of the 1990 Peterbilt. He also has initiated an “ Employee of the Month”recognition program for his Department, which has been well received by the employees. Mr. MacSwan introduced newly appointed Heather Blasius to the Board and commented she is doing an excellent job. WATER SUPERINTENDENT REPORTS Mr. Jowdy reported as follows: OSHA Training – NCCC has quoted a price of $1,350 for eight hours of Hazardous Waste Refresher Training and eight hours of training for Powered Industrial Trucks for an approximate cost of $1,280 to be performed at our location. Amherst Training quoted $65.00 per person for Respiratory Clearance Exam and $17 per person for Audiometric Screening, plus the on site Technician fee of $25 per hour. Upon a motion duly made by Councilman Blackman and seconded by Councilman Foe, it was resolved to accept the proposal from NCCCC for OSHA Training $1,350 for eight hours of Hazardous Waste Refresher Training and $1,280 for eight hours of training for Powered Industrial Trucks and to further accept the proposal of Amherst Training of $65 per person for Respiratory Clearance Exam and $17 per person for Audiometric Screening, plus on site Technician fee of $25 per hour. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-
Office Furnishings Purchase – Mr. Jowdy indicated he just received the quote for furnishings for his office and the offices of the Justice Clerk and has not yet had an opportunity to review them. However, after review, he would like authorization to place the order. Upon a motion duly made by Councilman Bush and seconded by Councilman Foe, it was resolved to authorize the Town Supervisor to approve purchases of Town office furniture for the Justice Clerk Office, Justice Jowdy office and the office of the Water Superintendent from State contract held by Office Furniture Center, Tonawanda, NY Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-
Tri-Axle Trailer – Mr. Jowdy indicated he felt the Town should place the trailer in the same auction as the Highway Road Grader with a reserve of $1,000.00. Upon a motion duly made by Councilman Foe and seconded by Councilman Bush, it was resolved to authorize the placement of the tri-axle homemade trailer in the upcoming equipment auction setting a reserve price at $1,000.00. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-
Annual Water Report – Mr. Jowdy indicated the Board has received copies of the 2004 Annual Water Report. He is available to answer any questions they may have relative to the report.
TOWN OF CAMBRA TOWN BOARD MARCH 10, 2005 PAGE FIVE WATER SUPERINTENDENT REPORTS Purchase of Pick Up Truck – Mr. Jowdy indicated he has budgeted funds to replace the 1995 Utility Truck with tool box. The matter was tabled until the April Town Board meeting ATTORNEY REPORTS No reports were presented by the Town Attorney. COUNTY-WIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION Supervisor Ellis indicated the Board determined last year that the Town would not be participating in the annual household hazardous waste collection program organized through the Niagara County Refuse Disposal District. Upon a motion duly made by Councilman Bush and seconded by Councilman Blackman, it was resolved that notification be sent to the Niagara County Refuse Disposal District advising them that the Town of Cambria will not be participating in the 2005 Household Hazardous Waste Collection Program. Ayes: Blackman, Bush, Ellis, Foe FIREMEN’ SERVICE AWARD PROGRAM S Program. Supervisor Ellis indicated there are a total of 50 Firemen eligible to participate in the Firemen’ Service Award s -Motion Carried-
Upon a motion duly made by Councilman Foe and seconded by Councilman Bush, it was resolved to approve the 2004 Defined Contribution Service Award Plan, which includes a total of 50 firemen, 32 from Cambria Volunteer Fire Company and 18 from Pekin Fire Company. Ayes: Blackman, Bush, Ellis, Foe ACCOUNT CLERK I POSITION Supervisor Ellis indicated he would like to apply and request the certified eligible list for the Account Clerk I position. Upon a motion duly made by Councilman Bush and seconded by Councilman Foe, it was resolved to authorize the Town Supervisor to request the certified eligible list from the Niagara County Civil Service Office for the position of Account Clerk I. Ayes: Blackman, Bush, Ellis, Foe ADDITIONAL MATTERS -Letter received from NYS office of Real Property Services indicating a Residential assessment ratio at 84.79% has been established for the Town of Cambria. The matter has been discussed with the Town Assessor; 50 sales were analyzed with the time frame of sales from 7/1/2003 through 6/30/2004. Supervisor Ellis indicated this ratio does not affect the equalization rate. -NYS Department of State Training relating to Municipal Comprehensive Plan and Use Variances is scheduled for April 21st. Copies have been provided to the Chairmen of the Planning Board and Zoning Board of Appeals. -Association of Towns Meeting – Supervisor Ellis reported that three representatives from the Town attended the Annual Association of Towns meeting in New York City: John Phillips, Justice Jowdy and himself. He reported on several matters, indicating the meeting was very productive. EXECUTIVE SESSION Upon a motion duly made by Councilman Bush and seconded by Councilman Foe, it was resolved to enter into Executive Session to discuss personnel matters. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-Motion Carried -Motion Carried-
There was no formal action taken at the executive session. Upon a motion duly made by Councilman Bush and seconded by Councilman Blackman, it was resolved to close the executive session and re-convene the regular meeting. Ayes: Blackman, Bush, Ellis, Foe -Motion Carried-
TOWN OF CAMBRIA TOWN BOARD MARCH 10, 2005 PAGE SIX
MEETING SCHEDULED A meeting was scheduled for 1:00 PM on March 16, 2005. ADJOURNMENT The meeting was adjourned at 10:00 PM by motion made by Councilman Foe and seconded by Councilman Blackman.
Respectfully submitted, Lou Ann Murawski Town Clerk