A Meeting of the Town Board of the Town of Orchard Park, Erie County New York, was held at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 7th day of April, 1999 at 8:00 P.M., (local time). The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
John J. Mills Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Steven P. McCarville Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Police Chief
Michael R. Merritt Town Engineer
ABSENT: Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
RESOLVED, that the minutes of the regular meetings of the Town Board, held on March 17, 1999, 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.
Old Business #1 - Grant Contract with Erie County in the sum of $ 25,000
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town of Orchard Park applied to the County of Erie for a regionalism grant in 1998 for the purpose of funding a study of shared services, and
WHEREAS, the County of Erie has authorized a regionalism grant in the sum of $ 25,000.00 for that project, and
WHEREAS, the project is to be carried out pursuant to an intermunicipal agreement pursuant to Article 5-G of the General Municipal Law
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor of the Town of Orchard Park to enter into a grant contract with the County of Erie in the sum of $ 25,000.00, for the purpose of carrying out an intermunicipal project pursuant General Municipal Law Article 5-G, subject to the terms and conditions contained in the County Grant Contract, and be it further
RESOLVED, that the Supervisor is hereby authorized to enter into an intermunicipal agreement with the Village of Orchard Park and the Orchard Park Central School District to carry out the project funded under the County grant contract.
The resolution was unanimously adopted.
Old Business #2 -Proposed Change orders on Consulting Engineering Agreements with Pratt & Huth
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
WHEREAS, the Town of Orchard Park is under contract with Pratt & Huth Associates to design the proposed extension of Cobham Drive and other infrastructure in Quaker Centre Industrial Park along with New York State Department of Transportation (NYSDOT) mandated improvements to the Centre Drive and Big Tree Road intersection, and
WHEREAS, the original contract fees for the Cobham Drive work are $18,000.00 for the preliminary design and $42,000.00 for the final design and construction administration, the fee for the Centre Drive intersection work is $14,940.00 with 90% completion, and
WHEREAS, a number of problems have evolved during the design process that will require additional engineering services that are beyond the consultant’s original scope of work, and
WHEREAS, correspondence submitted by Pratt & Huth outlining the reasons for the proposed change orders and their price quotes for the additional engineering services believed to be necessary and negotiated at a fair price financed from last year’s bond issue and charged as a special assessment against the benefiting properties as ordinally authorized by Town Board resolution in 1988
NOW, THEREFORE, be it
RESOLVED, that the Town Board approve Change Order #1 to our contract with Pratt & Huth Associates, LLP to provide additional engineering services for the Quaker Centre Industrial Park, Phases V & VI Project in the amount of an increase of $10,180.00, and be it further
RESOLVED, that the Town Board approve Change Order #1 to our contract with Pratt & Huth Associates, LLP to provide additional engineering services for the Centre Drive / NY20A Intersection Improvement Project in the amount of an increase of $850.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #3 - Authorize a boundary survey and a title search for Colony Park Subdivision
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board hereby authorize a boundary survey and a title search to be conducted to the 36+ vacant parcel of land south of the Colony Park Subdivision, that was gifted to the Town of Orchard Park by Erminio Libertore, and conditionally accepted by Town Board Resolution on December 16, 1998. The surveyor retained will be Robert P. Baird, 5311 South Freeman Road, Orchard Park, at a cost not to exceed $2,475.00.
The resolution was unanimously adopted.
New Business #1 - Proclamation establishing Safety Week
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Western New York Safety Conference, Inc. has taken great pride in the safety of people both on and off the job, and has implemented wide reaching programs of safety education and accident prevention, and
WHEREAS, this program has become an example and a model for all businesses and industries, and has served as a reminder for many of our residents to be more concerned with their own safety at home and at work, and
WHEREAS, it is a pleasure to extend this proclamation on behalf of our Town of Orchard Park to the Western New York Safety Conference, Inc., which will host the 63rd Annual Safety Conference and Trades Exhibit at the Grand Island Holiday Inn on May 19th and 20th, 1999, and
WHEREAS, the Western New York Safety Conference, Inc., should be commended for its continuing and progressive safety programs, urging our citizens to support all such efforts to promote safety both on and off the job
NOW, THEREFORE, the Town Board of the Town of Orchard Park, in the County of Erie, in the State of New York, hereby proclaim the week of May 14th through May 21st, 1999, as “Safety Week”.
The resolution was unanimously adopted.
New Business #2 - Approve 1999 Stable Permit for Orchard Meadow Stables, 7895 E. Quaker Road
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby approve the 1999 Stable Permit for Orchard Meadow Stables, 7895 East Quaker Road, as recommended by the Building Inspector.
The resolution was unanimously adopted.
New Business # 3 - New York State Fire Investigators Seminar May 1st - 2nd
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER , TO WIT:
RESOLVED, that the Town Board does hereby authorize Police Officers Frank Wierzbowski and William Hanrahan to attend the New York State Fire Investigators Seminar, May 1-2, 1999.
Supervisor Cudney noted that the Police Chief informed her that the Fire District will be paying for the officers’ registration fees.
The resolution was unanimously adopted.
New Business #4 - Proclamation establishing Municipal Clerk’s Week, May 2-8, 1999
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and
WHEREAS, the office of the Municipal Clerk is the oldest among public servants, and
WHEREAS, the office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and
WHEREAS, the Municipal Clerk as the information center on functions of local government and community, and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations, and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk
NOW, THEREFORE, I, Toni Cudney, Supervisor of the Town of Orchard Park, do recognize the week of May 2 through May 8, 1999 as Municipal Clerks Week, and further extend appreciation to our Town Clerk, Janis Colarusso, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.
The resolution was unanimously adopted.
New Business #5 - Appoint 1999 Spring/Summer Recreation Staff
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following resident appointments to the 1999 Spring/Summer Staff, as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE
Roger Herman 150 Squire Aide $ 5.50
Flo Kirkner 16 Bender Dir. $ 8.00
David Kelmer 42 Hawthorne Aide $ 5.30
Rachael Hageman 75 Curley Aide $ 5.30
Matthew Smith 25 Briar Hill Drive Dir. $ 6.00
Katie Fitzgerald 6231 Bunting Aide $ 5.30
Brad Gearhart 39 Pawtucket Aide $ 5.50
Pam Martin 6146 Powers Grd. $ 5.70
Pat Cook 19 Braunview Aide $ 5.30
Matt Knodel 28 N. Lane Aide $ 5.30
and be it further
RESOLVED, the above appointments are dependent upon applicant’s securing the required certifications.
The resolution was unanimously adopted.
New Business #6 - CHIPS Appropriation in the 1999-2000 State Budget
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Governor’s proposed 1999-2000 State budget cuts the Consolidated Local Assistance Program (CHIPS) by approximately $ 25.6 million, and
WHEREAS, the CHIPS program provides essential road repair funding for Erie County and its local governments, and
WHEREAS, without adequate CHIPS funding, planned road and bridge reconstruction will have to be deferred and in many cases canceled altogether
NOW, THEREFORE, be it
RESOLVED, that the Orchard Park Town Board requests the New York State Senate and Assembly to energetically work to restore and increase CHIPS appropriation in the 1999-2000 State Budget, and be it further
RESOLVED, that the Orchard Park Town Clerk send a certified copy of this resolution to the Western New York State Legislative Delegation and the Governor.
The resolution was unanimously adopted.
New Business #7 - Application with the New York State Environmental Facilities Corporation
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, pursuant to the Clean Water/Clean Air Bond Act of 1996, being Chapter 413 of the Laws of New York of 1996, the New York State Environmental Facilities Corporation through the Financial Assistance to Business Program (the “FAB Program”) is authorized to provide state assistance to villages, towns, and cities with a population of less than one million, for small business environmental compliance assistance projects which enhance the quality of the air or waters of the State through compliances with environmental laws and regulations, or to remedy or prevent environmental deficiencies, and
WHEREAS, the governing body of the Town of Orchard Park (hereinafter, the “Municipality”), after due consideration, has determined that participation in the FAB Program is desirable and in the public interest
NOW, THEREFORE, be it
RESOLVED, the Governing Body of the Municipality as follows:
1. The filing of an application, or applications, with the Corporation for financial assistance under the FAB Program in the form required by the Corporation is hereby authorized, including all understandings and assurance contained in said application.
2. The individual holding the following office is directed and authorized as the official representative of the Municipality to identify entities that will participate in the FAB Program, to execute and deliver said application(s), to execute and deliver any other documents necessary for participation in the FAB Program, to provide such additional information as may be required, and to take all actions on behalf of the Municipality as may be required in order to effectuate the intent and purpose of this resolution: Supervisor Toni M. Cudney
3. The Corporation is hereby authorized, on behalf of the Municipality to deliver payments made pursuant of the FAB Program directly to the entities identified above, or such further entities as may from time to time be names by the individual identified in paragraph 2 above.
4. A certified copy of this resolution shall be prepared and delivered to the Corporation as part of said application.
5. This resolution shall take effect immediately.
The resolution was unanimously adopted.
New Business #8 - Request for the use of Green Lake/Yates Park
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
RESOLVED, that the Town Board does hereby authorize the use of Green Lake/Yates Park to Windom Community Nursery School on Monday, May 24, 1999 for a field trip, with a rain date to be May 26, 1999.
The resolution was unanimously adopted.
New Business #9 - Authorize the Town Clerk to attend the Annual NYS Town Clerks’ Conference
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Town Clerk to attend the New York State Town Clerk’s Association 1999 Annual Conference, Saturday, April 24th through Wednesday, April 28th, to be held in Syracuse, New York, at Town expense.
The resolution was unanimously adopted.
New Business #10, 11 & 12: Refer to Planning Board and Conservation Board
14) 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 refer the following requests to the Planning Board and the Conservation Board:
10. Franklin G. Downing, requesting a Conservation Easement for vacant land at the north side of Webster Road, Orchard Park, New York.
11. Orchard Parks and Gardens, S2924 Southwestern Blvd., requesting a building permit to erect a temporary Greenhouse to operate from May-September of 1999.
12. New York State Department of Transportation requesting to construct a 16,098 sq.ft. laboratory and office on New Taylor Road, Zoned Industrial. The project will include parking for 33 cars.
Councilman Buyer added that Ellicott Development Co., which is the developing agent for the NYSDOT (item 12),
has put in for the application and NYSDOT leases space from them, so it appears that at this point there shouldn’t be any tax loss to the Town.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS , TO WIT:
RESOLVED, that the Town Board does hereby approve the following budget transfer, as recommended by the Town Clerk:
$ 425.52 From: A.1450.419 Machine, Moving & Signs
To: A.1450.445 Machine Renovations
The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby declare a surplus of one boat trailer and authorize the sale of the same boat trailer, as recommended by the Recreation Director.
The resolution was unanimously adopted.
The Supervisor has received the final assessment report from the Y2K Consultant on all systems and hardware. The Computer Advisory Committee will meet on April 15, 1999 at 7:00 PM with Supervisor Cudney, Councilman Buyer and Town Board members to review the report and make final recommendations for replacements or changes that are necessary for Y2K compliance.
Councilman Mills brought up the special meeting with residents regarding the Compost Site on March 31, 1999. He believed it to be a positive meeting and thanked the Town Clerk for noting all the items of concern to the residents. Councilman Mills had three major concerns: 1) prevailing winds, 2) odor problems, and 3) weather conditions. He suggested the Town Board look into attaching these items into a deed restriction or something that is binding for future boards to control this site. The Town Engineer interjected and stated he has every confidence that they can design something and come up with a plan of operation to control these issues along with DEC regulations in force. The Town Attorney felt this type transaction needs further study and review before any final decision is made. Councilman Buyer questioned making this some sort of legislation that is part of our Code of Ordinances instead of a deed restriction. The Town Attorney commented that this is also an option with the possibility of changes if later needed, so this should be thoroughly studied before any action is taken.
Councilman Buyer commented on the work session meeting about Town growth with a possibility of a moratorium
on residential growth. Councilwoman Ackerman and he have been designated to write a request for a proposal for a planning consultant to assist in a long range master plan.
Councilwoman Ackerman further commented on the productive Compost Site Meeting presented by the Town Engineer. She stated it was well represented by the residents.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #7, following auditing by members of the Town Board and in the funds indicated:
$ 140,863.52 General Fund
$ 4,269.09 Part Town Fund
$ 537.31 Risk Retention
$ 49,149.40 Highway Fund
$ 111,895.12 Special District Fund
$ 6,462.51 Trust & Agency Fund
$ 113,399.10 Capital Fund
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications as entered on the agenda: 1) Town of Eden: Resolution by Town Board requesting New York State Senate and Assembly to restore and increase CHIPS appropriation in the 1999-2000 State Budget. 2) Thank you letter from Variety Club Telethon for Kids Day Event fund raiser for Children’s Hospital. 3) Women’s Access to Capital and Educational Services: Resource directory. 4) Speaker Thomas Hilton, Pulitzer Prize Winning Journalist, will be speaking Wednesday, April 28, 1999 at the Waterfront School Theater, and the topic will be ”Save Our Land, Save Our Town.” 5) Resolution from the County Legislature authorizing the County Executive to reaffirm its commitment to the advancement of regionalism in Erie County, and to enter into many contracts, one of them with the Town of Orchard Park for $ 25,000.00 for “Joint Facilities.” 6) Erie County Industrial Development Agency 1999 Moog Inc./Moog Hydraulic Systems Inc. 7) Wednesday, March 3, 1999, Municipal Officials will begin a regional dialogue of how we can promote the resurgence of Western New York by reducing municipal costs through Inter-Municipal Cooperation.
Councilwoman Ackerman noted on May 6th, 1999 the Erie County Industrial Development Agency will be holding a Public Hearing at 9:00 AM in the Municipal Building. Supervisor Cudney also added that it is for agency assistance for the issuance and sale of industrial revenue bonds and for sales tax exemptions on certain types of machinery for Moog Hydraulic Systems Inc.
Supervisor Cudney noted that the League of Women Voters are sponsoring Thomas Hilton, Pulitzer Prize Winning Journalist. The supervisor stated that she is unable to attend because that night is a Town Board work session, but she hopes that people from the Planning and Zoning Commissions may be able to attend.
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER , TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Reports as entered on the agenda: 1) The Chief of Police Monthly Report for March, 1999, and 2) The Building Inspectors Monthly Report & Building Permits for March, 1999.
The resolution was unanimously adopted.
BUSINESS FROM THE FLOOR
Joseph Ippolito, 3085 Southwestern Blvd: Stated he was surprised to hear about a moratorium. He is very displeased with the idea of not allowing new growth and development in the Town.
Marvion Ashburn, 6326 Benning Road: Explained an article in The Southtowns Citizen pertaining to Quaker Crossing and the reference to excess industrial land bothered him. He questioned the position of over developing and leaving nothing for our future generations. He stated that he would not like to see Orchard Park turn into another Amherst.
There being no further business before the Town Board, on motion of Councilwoman Ackerman, seconded by Councilman McCarville, the meeting was adjourned at 8:47 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk