TB Mtg April 14 2011

TOWN BOARD MEETING

COLDENTOWN HALL – April 14, 2011

MEETING CALLED TO ORDER AT 7:05 pm.

A MOMENT OF SILENCE WAS HELD FOLLOWED BY THE PLEDGE OF ALLEGIANCE LED BY SUPERVISOR HOFFMAN.

ROLL CALL – PRESENT

Councilman David Arcara

Councilman Gerald Pietraszek

Councilman Stephanie Czerniak

Councilman Patrick Murphy

Supervisor Annie Hoffman

ALSO PRESENT:

Town Justice William Montgomery

Highway Superintendent Edward Wochensky

Bldg. Insp/Code Enf. Officer John Kotlarsz

Recreation Director Kip Palmateer

Town Clerk Alice Wangelin

Approximately 11 residents

MINUTES

MOTION made by Supervisor Hoffman, seconded by Councilman Czerniak and unanimously approved to accept the Minutes for the March 10, 2011, Town Board Meeting as presented.

Representative for Senator Patrick Gallivan – Supervisor Hoffman advised that Dominic Calandra, representative for Senator Patrick Gallivan was scheduled to appear at tonight’s

meeting. He has re-scheduled for next month’s meeting.

BUILDING COMMITTEE REPORT

No Report

INSURANCE COMMITTEE REPORT

No Report

CABLE REPORT

Councilman Murphy reported that he has been in contact with Douglas Doeing. No promising results were stated at this time but Councilman Murphy said he would keep working on expanding cable service

Supervisor Hoffman said that a similar list was compiled several years ago. Nothing ever materialized.

TOWN BOARD MEETING Page 2

COLDENTOWN HALL – April 14, 2011

HIGHWAY & PARKS REPORT

Surplus Lawnmower – Highway Superintendent, Edward Wochensky reported that he has a surplus lawnmower tractor that he would like permission to sell on e-bay.

MOTION made by Councilman Murphy, seconded by Councilman Czerniak and unanimously approved to grant permission to Highway Superintendent, Edward Wochensky, to advertise the surplus lawnmower tractor online. The website is

Equip new International Plow Truck – Highway Superintendent requested permission to

advertise to “go out to bid” in order to outfit the “new” International Plow Truck.

MOTION made by Councilman Arcara, seconded by Supervisor Hoffman and unanimously approved to grant permission to Highway Superintendent Edward Wochensky to advertise for bids for a sander and plows to equip the new International Plow Truck.

Bathrooms at KummerPark – Highway Superintendent, Edward Wochensky requested direction for opening the bathrooms at KummerPark? He said that a private Easter egg hunt is scheduled for Saturday, April 16, 2011. His concern is that cold weather may

cause water lines to freeze, if opened this early.

After discussion, the Town Board gave approval for Highway Superintendent Edward Wochensky to open the bathrooms on Friday, April 15, 2011.

Sander Rack– Highway Superintendent, Edward Wochensky said that a sander rack has been built from donated materials to store sanders when not in use.

“CHIPS” Money – Supervisor Hoffman informed Highway Superintendent, Edward Wochensky that she recently attended a Supervisor’s Summit Meeting. She said that the Town of Coldenwould be receiving the same amount of “CHIPS” money ($38,000.) as last year.

Trailer– Councilman Arcara congratulated the Highway workers for a job well done on a trailer that was painted and re-conditioned recently.

ADULT YOUTH & RECREATION

Recreation Director, Kip Palmateer gave the following report.

-A soccer coaches meeting was held on April 4th and 5th. 263 players were divided among 21 teams. Shirts and socks were ordered for the league on April 7th. Soccer teams have already held practices. Games will begin during the first week of May.

-A request was made for a newsletter to go out at the end of April or early May to announce summer recreation activities. Approval is also requested for summer field trips, golf, swimming, Lasertron, CampSka-No-Ka-San and EvangolaBeach. There will also be a baby sitting course and a geo-cache game. Included in the newsletter letter will be an announcement for application to be submitted for youth summer recreation

employment. Kip asked for this ad to also be placed in the Pennysaver with a deadline for applications by May 27, 2011.

TOWN BOARD MEETING Page 3

COLDENTOWN HALL – April 14, 2011

-A request was made for $330.00 for start-up concession stand money. $300.00 will be used to purchase items to sell and $30.00 will be used as change in the cash register.

-Approval is requested for the following employees.

Referees – Tony Dillsworth, Max Hawkes, Jacob Lamos, Jason Fisher,

Adam Krolikowski and Alex Krolikowski

Rate Schedule (same as 2010 rates)

$10.00 for Midget games

$12.00 for Youth games

$15.00 for Quest games

Concession Stand Employees (same as 2010 rates)

Tony Dillsworth$7.57/hr

Elizabeth Hens$7.57/hr

Max Hawkes$7.57/hr

Haley Palmateer$7.36/hr

Katie Rubach$7.25/hr

MOTION made by Supervisor Hoffman, seconded by Councilman Arcara and unanimously approved to grant the Recreation request to hire the employees at the rates

stated above.

Defibrillator –Discussion took place regarding for the access of a defibrillator to be made available for soccer games, etc. Councilman Czerniak expressed the importance of this equipment in case of an emergency.

PLANNING COMMITTEE REPORT

No Report

ENVIRONMENTAL REPORT

Councilman Pietraszek reported that –

-The Environmental Board reviewed and approved the short SEQR for Summer Music

Events to be held on the deck at the Colden Country Inn.

-A Recycling Day will be held on Saturday, April 30th from 8 am to 12 noon at the

Highway Garage for electronics, tires, TV’s batteries computers, fax machines, printers,

VCR’s, DVD Players and any other electronics.

-A hydro-fracking film will be shown on May 19, 2011, from 7 – 9 pm at the Senior

Center.

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COLDENTOWN HALL – April 14, 2011

COMMUNITY DEVELOPMENT REPORT

Councilman Pietraszek reported that –

-Erie County Legislator John Mills will be meeting with Town Board members to discuss

road conditions and problems.

-John reported that there has been no response regarding a Rabies Clinic.

PERSONNEL COMMITTEE REPORT

No Report

SOLID WASTE REPORT

No Report

NEST

No Report

LIBRARY REPORT

Councilman Czerniak gave the following report on activities at the Library.

-May 11thfrom 7-9 pm, Barbara Hulsing will return with plastic bag crocheting designs.

-May 14th from noon to 2 pm, Cliff Fazzolani, who was chef at the GowSchool will be at

the library talking about a book he has written about the GowSchool.

-May 14th from 11 am to 1 pm, there will be a plant exchange.

-May 25th from 7 pm to 9 pm, there will be a presentation “Learn to Hoop with Marisa”.

Increase energy, lose weight and relieve stress. Pre-registration is free.

STREET LIGHTING

Bldg. Insp/Code Enf. Officer, John Kotlarsz reported that the two (2) street lights on Lower East Hill Road have been repaired.

Supervisor Hoffman said that the Town is still awaiting the refund due from NYSE&Gas.

DOG CONTROL REPORT

Councilman Czerniak reported that there were 16 calls concerning dog related problems for the month of March.

Universal Chip Reader/Scanner – MOTION made by Councilman Czerniak and seconded by Councilman Murphy to approve the purchase of a universal chip reader/scanner not to exceed $300.00. The old scanner was approved for sale online.

Gate Destroyed – There was kennel damage caused by a dog that was picked up. Damages are approximately $250.00.

MOTION made by Councilman Czerniak, seconded by Councilman Murphy and unanimously approved to pay $250.00 damages to the DCO’s kennel. A voucher with receipts will be submitted for the May meeting.

TOWN BOARD MEETING Page 5

COLDENTOWN HALL – April 14, 2011

CODE ENFORCEMENT OFFICER REPORT

Report for the month of March, 2011 - Bldg. Insp/Code Enf. Officer, John Kotlarsz reported that –

3 Building Permits Issued

4 Certificates of Compliance

2 Order to Remedy Violation

6 Fire Inspections

6 days of School

1 Complaint

Residential Check – John reported that the Sheriff’s Department was called to assist in checking the welfare of a resident on Lower East Hill Road.

WATER COMMITTEE REPORT

Councilman Pietraszek reported that –

-A Water Committee Meeting was held last month.

-Water worker, Ray Wozniak has been working on broken valve risers. He recently

made a repair at the Dell House.

-Blow-off lines need attention. Gerry explained that at the end of each section of water

lines, there are blow-off lines. Ray is currently working on deflectors so that they can

properly blow-off pressure which will help clear the water lines.

-The Bond Counsel matter has been settled.

-Date the Town took over the Water District is being determined, regarding warranties,

etc. A detailed letter will be sent to CRA and Visone Construction. The Town of

Colden is trying to recoup money spent for repairs incurred that should be covered

under warranty.

-The next Water Board meeting will be June 8, 2011, at 7:30 pm.

CENSUS REPORT

Councilman Czerniak said a questionnaire will be mailed out by the Census Bureau giving each Town the opportunity to challenge the Census information.

HISTORICAL SOCIETY

Greg Culver said that a Sunkist Hills meeting was held on Monday, April 18, 2011. Vendor packages were put together. Raffle tickets should be received in a few weeks.

VETERANS AFFAIRS

Ken Heiler said that names to be added or corrected have been compiled and sent to two engravers. He is still awaiting word concerning the corrections and additions.

TOWN BOARD MEETING Page 6

COLDENTOWN HALL – April 14, 2011

OLD BUSINESS

Donation for the “Scenic Byway”

MOTION made by Supervisor Hoffman, seconded by Councilman Czerniak and unanimously approved to donate $750.00 to the “Scenic Byway” Organization.

Supervisor Hoffman mentioned the numerous benefits available to local business participatingin this organization.

ErieCounty Personnel Approval for Two (2) Constable Positions -Supervisor Hoffman said that Erie County Personnel has approved the PO-17’s for the two (2) additional constable positions requested recently.

MOTION made by Supervisor Hoffman, seconded by Councilman Czerniak and unanimously approved to accept the two (2) Constable Positions approved by Erie County Personnel which the Town Board previously created.

Initiate PO-17 for a Clerk to the Justice Position with ErieCounty Personnel

MOTION made by Supervisor Hoffman, seconded by Councilman Czerniak and unanimously approved to request approval from Erie County Personnel to create

a second Clerk to the Justice Position.

BUDGET TRANSFERS

None

TOWN CLERK’S REPORT

MOTION made by Councilman Murphy, seconded by Supervisor Hoffman and unanimously approved to adopt the following Resolution.

RESOLUTION #2011-03

OPPOSITION TO SPAY/NEUTER SURCHARGES

FOR ALTERED DOGS

WHEREAS, the State of New York, Department of Agriculture, has always imposed a three dollar surcharge to be added to the license fee for un-sprayed and un-neutered dogs,

WHEREAS, this three dollar surcharge, paid by owners of intact dogs was then used to control dog populations by funding spay/neuter programs, thereby putting the cost of such programs on those who choose to keep their dogs intact,

WHEREAS, responsible dog owners who have sterilized their dogs through spaying or neutering, were therefore able to enjoy a reduced licensing fee, exempt from spay/neuter fees of any kind,

TOWN BOARD MEETING Page 7

COLDENTOWN HALL – April 14, 2011

WHEREAS, the State of New York, Department of Agriculture, as of January 1, 2011, has transferred dog licensing to the local Government level, while maintaining the original three dollar spay and neuter fee, now called a spay/neuter surcharge, and

WHEREAS, the State of New York, Department of Agriculture is NOW IMPOSING A NEW SPAY AND NEUTER SURCHARGE OF ONE DOLLAR TO BE ADDED TO THE LICENSING FEE OF EACH ALTERED DOG,

BE IT RESOLVED, THEREFORE, the Town of Colden opposes the imposition of a new spay/neutered surcharge meant for owners who have responsibly sterilized their dogs, thereby contributing to the control of the State of New York’s dog population.

FURTHER RESOLVED, the Town of Colden will make its opposition known with the adoption of this Resolution which will be forwarded to the Governor of the State of New York, the Western New York Delegation, the County of Erie, and the Commissioner of NYS Department of Agriculture, Patrick Hooker.

Duly adopted this 14th day of April, 2011, by the following vote.

Vote:Councilman David Arcara – yes

Councilman Gerald Pietraszek – yes

Councilman Stephanie Czerniak – yes

Councilman Patrick Murphy – yes

Supervisor Annie Hoffman – yes

Annual Financial Report for Year Ending December 31, 2010 has been received and is on file in the office of the Town Clerk.

Set Public Hearing for a Special Use Permit for Michael and Tracy Newman, Colden Country Inn wishing to hold Music Events on their outside deck during the summer months.

MOTION made by Supervisor Hoffman, seconded by Councilman Pietraszek, and unanimously approved to advertise for a Public Hearing for Special Use Permit application.

Requests for Use of KummerPark

Saturday, April 16th, 2011 from 10:30 am to 3:00 pm requested by Tara Seifried for an

Easter Egg Hunt.

Saturday, July 30th, 2011 from 2-7 pm requested by Ruth Heiler for the Sager Reunion.

The Town Board had no objections to these requests.

TOWN BOARD MEETING Page 8

COLDENTOWN HALL – April 14, 2011

SUPERVISOR’S REPORT

Newsletter – MOTION made by Supervisor Hoffman, seconded by Councilman Murphy and unanimously approved to mail a newsletter with cost not to exceed $375.00.

Recycling day at the Highway Garage - Supervisor Hoffman asked for and was granted approval to destroy the hard drives in the old computers stored in the basement of the Town Hall. The date for the collection is Saturday, April 30, 2011, from 8 am to 12 noon at the Highway Garage.

Eagle Scout Project – Supervisor Hoffman said that she has been in contact with the owner of the property next door and was granted permission to put the community sign/billboard with benches on her property. Flower beds have also been added to

the request. She said that she has checked with the Town Attorney. The owner has

agreed to sign off on this request. Paperwork has been sent for her to sign off on this

agreement.

Greg Culver spoke in opposition to the placement of the sign on neighboring property.

He stated that there are other issues that need to be addressed with that property before

the Town allows people to walk on that property. Supervisor Hoffman assured Greg

that she will be working on these concerns.

Motor Cycle Month – Supervisor Hoffman said that May is Motor Cycle Month.

Tarp for KummerPark – Assistant Recreation Director, Pat Hirtzel said that they are

looking at covering only one section of the shelter. A 14’ x 10’ curtain should be enough to cover the one section where wind tends to blow everything around. When not in use, it could be rolled up and stored in the concession stand. Prices will be requested from various vendors.

PAY BILLS

MOTION made by Supervisor Hoffman, seconded by Councilman Arcara and unanimously approved to pay the following bills.

Highway Fund Abstract Voucher #2011-28 to #2011-46$16,396.50

General Fund Warrant Voucher #2011-91 to #2011-135$20,743.12

Lighting District Warrant Voucher #2011-04 to #2011-05$ 1,955.26

Water District Warrant Voucher #2011-12 to #2011-16$15,434.12

Refuse District Warrant Voucher #2011-03 to #2011-04$15,529.04

Trust & Agency Warrant Voucher #2011-06$ 1,069.81

PRIVILEGE OF THE FLOOR

Clerk to Town Justice Position – Town Justice William Montgomery questioned why

it was necessary to approve a second position for the Clerk to the Town Justices?

Supervisor Hoffman said that Town Justice Victoria Zach has requested her own Clerk.

Discussion continued between the Town Board and Justice Montgomery. He was advised that the Town Justices need to communicate and come to an understanding concerning this matter.

TOWN BOARD MEETING Page 9

COLDENTOWN HALL – April 14, 2011

Assessment of Town Properties – John Kotlarsz thought it might be time for the Town Board to talk to Ruby Bruce, Assessor, concerning re-assessing the Town of Colden properties.

He said that he thinks the new homes are paying the majority of the tax. He cited the

selling price vs assessment on older homes compared to the selling price vs assessment for new homes.

School tax rates also were discussed in connection with current assessments.

Meeting between the Town Board and Bernie Horschel – Bernie Horschel asked when the Town Board would be scheduling a meeting with him to discuss his back pay for the

schooling he paid for in December? It was decided to meet after the Town Board meeting.

ADJOURN

Supervisor Hoffman adjourned the meeting at 8:15 pm.

Respectfully submitted,

Alice M. Wangelin

Town Clerk