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 15th day of December, 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 Chief of Police
Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
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 regular meetings of the Town Board, held on October 20th, November 3rd, and November 17th, 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.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the Orchard Park Town Board has considered the submission of the Draft Environmental Impact Statement for the Water Schmidt Town houses, and
WHEREAS, this Town Board has determined that the Draft Environmental Impact Statement is inadequate, and
WHEREAS, this Town Board has determined the additional submission pursuant to the finding of the Town Board that the original Draft Environmental Impact Statement is inadequate
NOW THEREFORE, be it
RESOLVED, that the Draft Environmental Impact Statement and the additional submission amplifying the Draft Environmental Impact Statement is not accepted in that it is inadequate. The Draft Environmental Impact Statement and its submission contain the following deficiency:
The D.E.I.S., and its additional submission, fail to address the combined effect of this project together with future expanded usage of California Road Recreation Park, and the impact it will have on California Road traffic.
Councilman Buyer stated that the petitioner will need to look at the future plans the Town has for expansion of the California Road recreation site that are in the Engineer’s office. They then need to project the increase in traffic as a result of the recreation site expansion and the increase in traffic of the proposed Walter Schmidt Townhouses together. The study then needs to address the traffic impact of both projects, combined, on California Road.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request of E. Richard Gicewicz, 34 & 42 Wildwood Lane, to receive sanitary sewer service from Orchard Park Sewer District 13-2, as Out of District Sanitary Sewer Customer.
Supervisor Cudney stated that these lots were adjacent to her property line, therefore, she recused herself from the vote.
Supervisor Cudney Recused Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman McCarville Aye
The resolution was duly adopted.
New Business #1 Authorize the OP Police Dept. to request for bids for three police patrol cars
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Police Chief to advertise for bids for two (2) new 2000 police patrol vehicles and one (1) unmarked police vehicle, to be opened on December 30, 1999, at 10:00 AM in the Supervisor’s Conference Room, as recommended by the Police Chief.
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #2 Quaker Hollow Homeowner’s Assoc., Inc. request to dedicate roadways
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Town Attorney to notify the Quaker Hollow Homeowner’s Association, Inc., that their request to dedicate the roadways to the Town of Orchard Park has been denied as the road does not meet Town specifications.
Councilman Buyer requested that the letter also inform the Quaker Hollow Homeowners Association that the Town is unable to extend their roadway as it is private road and the land beyond that includes a New York State designated wetland.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board has proposed the construction of Yard Waste Reclamation Center on a 56 acre parcel of land owned by the Town of Orchard Park on the south side of Milestrip Road, east of Baker Road; and
WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects, and
WHEREAS, the TOWN OF ORCHARD PARK herein called the MUNCIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file and application under these laws, and
WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid,
1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.
2. That the Honorable Toni M. Cudney, Supervisor, is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE.
3. That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and/or Recycling Project.
4. That the MUNICIPALITY or MUNICIPALITIES set forth their respective responsibilities by attached joint resolution relative to a joint Municipal Waste Reduction and/or Recycling Project.
5. That five (5) Certified Copies of this Resolution be prepared and sent to the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ALBANY, NEW YORK, 12233-4015, together with a complete application.
6. That this resolution shall take effect immediately.
The resolution was unanimously adopted.
New Business #4 Recommendation to NYSDOT not to allow access on Armor Rd. Rt. 277 & 219
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, it has come to the attention of the Orchard Park Town Board that a developer may seek curb cuts on Armor Road; and
WHEREAS, the Town Board has considered the propriety of allowing curb cuts and access on Armor Road between Route 277 and the Route 219 Expressway;
NOW, THEREFORE, be it
RESOLVED, that this Town Board believes that the Department of Transportation should not allow access on Armor Road between its intersection with Route 277 and Route 219 for the following reasons:
§ The area is generally residential and not appropriate for access from Armor Road.
§ Access on Armor Road through curb cuts would create traffic hazards.
§ There have already been accidents at or near the intersection of Route 277 and Armor Road.
§ This Town Board has considered the area and determined that it should be developed as residences with access from some road other than Armor Road.
AND BE IT FURTHER
RESOLVED, that a copy of this Resolution should be forwarded to the New York State Department of Transportation.
The resolution was unanimously adopted.
New Business # 5 Recommendation to prohibit parking on Rt. 20A
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize that a recommendation be sent to the Department of Transportation to restrict parking on both sides of Rt. 20A from Freeman Road to Henning Drive with signs to read “No Parking – September 1st to July 1st - from 7:00 P.M. to 3:00 P.M. – Monday through Friday,” as recommended by the Police Chief.
The resolution was unanimously adopted.
9) 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 to approve the following resident appointments to the 1999-2000 Fall/Winter Recreation Staff, dependent upon the applicant’s securing the required certifications, as recommended by the Recreation Director:
Pat Ortlepp 33 Melant Drive Director $6.50
Katie Higgins 6128 Powers Road Director $6.00
The resolution was unanimously adopted.
New Business #7 Supervisor sign Agreement for restrooms & concession stand at Green Lake
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, $100,000 has been allocated in the 2000 budget for capital improvements to the California Road parkland property, and
WHEREAS, one of the proposed improvements is a building to house permanent restrooms, equipment storage and concessions for use by various organizations which schedule sporting events at the park, and in order for the building to be constructed in time for next year’s Little League season it is necessary to begin design work now, and
WHEREAS, a proposal from the architectural consultant who assisted the Town on the Orchard Park Library Handicapped Accessibility Project in 1998 has been received and the price quote is appropriate for the scope of work that is necessary for this project,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Clark Patterson Associates, 186 North Water Street, Rochester, New York 14604 to provide architectural design services for the proposed restroom and concession building at the California Road Parkland property for a lump sum fee of $3,200.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #8 Seek lead agency status for Yard Waste Reclamation Center Project
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board has proposed the construction of a Yard Waste Reclamation Center on a 56 acre parcel of land owned by the Town of Orchard Park on the south side of Milestrip Road, east of Baker Road; and
WHEREAS, the project represents a Type 1 Action under the regulations of the New York State Environmental Quality Review Law (SEQR); and
WHEREAS, a Full Environmental Assessment Form has been prepared for the proposed action; and
WHEREAS, the project will require the approval of other agencies; and
WHEREAS, the Town Board is principally responsible for funding and approving the action and is best suited for making a determination of significance;
The resolution was unanimously adopted.
New Business #9 National Air Cargo, Sterling Park Development: requesting a Building Permit
12) THE RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of National Air Cargo, Inc., for review of a proposed 12,000 sq. ft. office building to be located in the Sterling Park Development in the Town of Orchard Park to the Conservation Board and Planning Board for their recommendations.
The resolution was unanimously adopted.
13)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 following budget transfers, as recommended by the Town Assessor.
$22.32 From: A.1355.000.414 (Assessment Training)
To: A.1355.000.400 (Office Expenses)
$73.78 From: A.1355.000.414 (Assessment Training)
To: A.1355.000.412 (Mileage Reimbursement)
The resolution was unanimously adopted.
Supervisor Cudney congratulated Councilman Mills on becoming a new Grandfather on Monday, December 13, 1999, making him the first Grandfather on the present Town Board. Supervisor Cudney stated that this being the last official Town Board meeting of the century, she would like to reflect on the past century and close this meeting in honor and remembrance of the past Government Officials, as well as all the citizens who have volunteered and those citizens who have lost their lives in the armed forces in this community. In preparation for the special closing of tonight’s meeting, the last of the century, she read into the record the list of all the Supervisors who have served the Town of Orchard Park in the 20th century
(Orchard Park was part of the town of East Hamburg until 1934)
1892 – 1902 George W. Briggs
1903 – 1923 Frank F. Holmwood
1923 – 1931 Clinton E. Holmes
1932 – 1933 Jacob C. Newton
1934 – 1937 Jacob C. Newton
1938 – 1949 Melvin L Bong
1949 – 1967 Clarence F. Henning
1968 – 1989 Eugene B. Woodard
1989 – 1997 Dennis J. Mill
1997 Toni M. Cudney
Councilman Mills mentioned that his new grandson, Tyler Thomas Barniak, weighed in at a healthy 9 lbs. 6 oz. and he is a blessed addition to their family. Councilman Mills stated that the Zoning Commission will be ready with the P.U.D. and Cluster Development Ordinance for the Town Board to review in January.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize that the Organizational Meeting be held on January 5, 2000 at 8:00 P.M. along with the regular Town Board Meeting. The Town Board Work Session scheduled for December 22, 1999, is officially cancelled.
Supervisor Cudney requested that the Town Board hold the Organizational Meeting on January 1, 2000 at 3:00 P.M. on the first day of the new Century. Councilman Mills stated that although he understood the Supervisor’s position; with the Y2K situation he felt the focus of attention should be on those issues and felt that people would want to be with their families. Supervisor Cudney assured everyone that the Town was ready for Y2K.
Supervisor Cudney Nay
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman McCarville Aye
The resolution was duly adopted.
Councilman Mills congratulated Supervisor Cudney and her husband (Jim) on their 32nd Anniversary on Thursday, December 16, 1999.
Councilman Buyer wished everyone a Happy Holiday Season, congratulated Supervisor Cudney’s Anniversary and Councilman Mills’ grandchild.
Councilwoman Ackerman thanked the municipal employees for their collective contribution of almost $5,000.00 for the United Way. Councilwoman Ackerman stated that the Town is having “Times Square in Orchard Park” New Year’s Eve Celebration planned by the Orchard Park Holiday Committee formed by Supervisor Cudney. This will be held at the base of the water tower between the Fire Hall and the Post Office on School Street with fireworks and a reception to follow in the vestibule of the Post Office. Councilwoman Ackerman offered a heartfelt “thank you” to three people who have served our community on volunteer boards for decades. William Pufpaff is resigning from the Library Board and has also served on the Planning Board, Ed Martindale is resigning from the Planning Board and Leon Zwolinski is resigning from the Zoning Board of Appeals.
15) 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 Supervisor to frame prints of the Municipal Building and present them to William Pufpaff, Ed Martindale and Leon Zwolinski, who are retiring after many years of volunteer service on Town Boards.
The resolution was unanimously adopted.
Councilman McCarville thanked the Orchard Park Computer Committee and Bits and Bytes for their assistance to the Town to be Y2K compliant. Councilman McCarville explained that on December 31, 1999, the Department Heads will run a hard copy of essential reports and over the next few days check the work stations for any problems. Councilman McCarville stated that if there are any serious problems the Town Disaster Plan will be implemented and will be in contact with the Erie County Y2K Emergency Operations Center. Councilman McCarville mentioned that Adelphia Cable is offering a 20% discount to Senior citizens to households with an annual income under $12,000.00. Adelphia Cable will be taking applications for this at their local offices. Councilman McCarville also stated that the satellite companies have been authorized by Congress to carry local programming and hopefully promote competition and a rate decrease. Councilman McCarville wished everyone a Merry Christmas and Happy New Year.
Town Clerk Janis Colarusso wished everyone a Merry Christmas and Happy New Year.
Councilman Buyer thanked the Town Clerk for the nice job on the Town Holiday Party.
16) 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 approve the request of the Building Inspector, Joseph Campion, to attend the Niagara Frontier Building Officials Annual Educational Conference with his Assisstant Building Inspectors, Weldon Bragg and David Holland, February 7, 8, and 9, 2000 at the Buffalo Marriott, at a cost of $ 170.00 per person at Town Expense.
The resolution was unanimously adopted.
Chief McCune and Highway Superintendent Geitter wished a happy and safe holiday to everyone.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant # 24, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 72,881.31 |
|
Part Town Fund |
$ 2,128.84 |
|
Risk Retention |
$ 201.67 |
|
Highway Fund |
$ 91,710.95 |
|
Special Districts |
$126,815.08 |
|
Trust & Agency |
$ 3,738.63 |
|
Capital Fund |
$ 10,408.14 |
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following communications:
1. Notice of Public Hearing from the Erie County Industrial Development Agency in the matter of issuance of industrial development revenue bonds and/or execution of collateral mortgages to refinance ECIDA bonds for an existing facility: hearing scheduled for January 5, 2000, at 9:00 A. M. at the Orchard Park Municipal Center.
2. Notice of Public Hearing from the Erie County Industrial Development Agency in the matter of the acquisitions and installation of machinery and equipment and related building improvements to be used for manufacturing, warehousing, distribution, commercial and related purposes: hearing scheduled for January 10, 2000, at 9:00 A.M. at the Orchard Park Municipal Center.
3. Notice of Public Hearing from the Erie County Industrial Development Agency in the matter of Economic Development assistance for National Air Cargo, Inc., Windward Road, Orchard Park, hearing scheduled for January 10, 2000, at 9:00 A.M. at the Orchard Park Municipal Center.
4. State of New York Public Service Commission; Notice of Educational Forums and Public Statement Hearings on How Best to Ensure an Adequate Supply of Telephone Numbers in the 716 Area Code.
5. David & Lee Ann Fachko, 6245 Newton Road: Notice of extending a private water line on Newton Road.
The resolution was unanimously adopted.
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 November, 1999. 2) The Building Inspector’s Monthly Report & Building Permits for November, 1999.
Marvion Ashburn, Benning Road – Asked when the “Swearing In” of Town Officials will take place. Supervisor Cudney that it will be at 8:00 P.M. at the Organizational Meeting on January 5, 2000.
Supervisor Cudney stated that at this last meeting of the Century she wished to pause in honor and remembrance of past Government Officials who have served this Community, as well as all Orchard Park citizens who have lost their lives in service to this Community in the 20th Century. In doing this we fully recognize the strong foundation upon which Orchard Park has been built as we remember the legacy of the past. We commit ourselves to the challenges of the future.
There being no more business before the Town Board, on motion by Councilman Mills, seconded by Councilman Buyer, the meeting was adjourned at 8:55 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk