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 3rd day of February, 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
Samuel M. McCune Police Chief
Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
Absent: Joseph M. Campion Building Inspector
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 December 16,1998, the 1999 Organizational Meeting, January 6, 1999, and January 20, 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.
PUBLIC HEARING
At 8:00 P.M. (local time), the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of an amendment to the Town Code of Ordinances: Local Law #1-1999
PROPOSED AMENDMENT TO LOCAL LAW #1 of 1987
Flood Damage Prevention
Section § 66-6 of Local Law #1 of 1987, entitled “Basis for establishing areas of special flood hazard” is hereby repealed. A new § 66-6 “Basis for establishing of flood hazard is hereby adopted as follows:
The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
1. Flood Insurance Rate Map (multiple panels) Index No. 360255 0001-0014, whose effective date is March 16, 1983.
2. A scientific engineering report entitled “Flood Insurance Study, Town of Orchard Park, New York, Erie County dated September 16, 1982".
3. Flood Boundary and Floodway Map (multiple panels) Index No. 360255 0001-0014, whose effective date is March 16, 1983.
4. Letter of Map Revision (LOMR) effective March 27, 1998, Federal Emergency Management Agency (FEMA) Case No. 97-02-025P, revising the Flood Insurance Rate Map (FIRM) and the Flood Boundary and Floodway Map (FBFM) Panel 0007.
The above documents are hereby adopted and declared a part of this Local Law. The Flood Insurance Study and/or our Maps are on file at the Town Engineer’s Office.
Section § 66-7, entitled “Interpretation; conflict with other laws” is hereby repealed. A new Section § 66-7, entitled “Interpretation; conflict with other laws” is hereby adopted.
A. This Local Law includes all revisions of the National Flood Insurance Program through November 1, 1989 and shall supersede all previous laws adopted for the purpose of flood damage prevention.
B. In their interpretation and application, the provision of this Local Law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this Local Law are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
C. The invalidity of any section or provision of this Local Law shall not invalidate any other section or provision thereof.
Affidavits of Publication and Posting of the Legal Notice were presented, read aloud and filed with the Town Board by the Town Clerk.
At this time Supervisor Cudney asked the Town Engineer to explained the need for a change in the Town Ordinances. Mr. Michael Merritt stated the following: 1) To discourage any one to fill a flood plain, and 2) Federal Emergency Management Agency (the disaster co-ordinator for the federal government),requires that a community adopt a flood plane ordinance in order for residents & business to be eligible to buy flood insurance. The Town Engineer stated that the reason for this amendment is that about two years ago a Letter of Map revision was made in the area between Jewett Holmwood Road and Highland Avenue. The Erie County Highway Department reconstructed and replaced bridges at Jewett Holmwood and Freeman Road and the Town of Orchard Park replaced the Highland Avenue Bridge in the Village. Consequently, the flood plain has changed and been reduced. Two developers, with their engineer, constructed a computer model of the area, as directed by the Town, for proposed developments of Birdsong and sub lots on Freeman Road. With this change, the Town of Orchard Park then requested a Letter of Map Amendment from the Federal Government which was approved. As a result of the approval, and in order to remain compliant with FEMA regulations, the Town has to adopt this new Map and with a revised ordinance.
Proponents: No one spoke.
Opponents: No one spoke.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Public Hearing in the matter of an amendment to the Town Code of the Town of Orchard Park is hereby closed at 8:08 P.M., (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an amendment to the Town Code of Ordinances, was conducted a the Municipal Center, S4295 South Buffalo Street, Orchard Park New York on the 3rd day of February, 1999, at which time all interested parties were given an opportunity to be heard:
NOW THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to adopt Local Law #1-1999 which provides as follows:
PROPOSED AMENDMENT TO LOCAL LAW #1 of 1987
Flood Damage Prevention
Section § 66-6 of Local Law #1 of 1987, entitled “Basis for establishing areas of special flood hazard” is hereby repealed. A new § 66-6 “Basis for establishing of flood hazard is hereby adopted as follows:
The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency.
1. Flood Insurance Rate Map (multiple panels) Index No. 360255 0001-0014, whose effective date is March 16, 1983.
2. A scientific engineering report entitled “Flood Insurance Study, Town of Orchard Park, New York, Erie County dated September 16, 1982".
3. Flood Boundary and Floodway Map (multiple panels) Index No. 360255 0001-0014, whose effective date is March 16, 1983.
4. Letter of Map Revision (LOMR) effective March 27, 1998, Federal Emergency Management Agency (FEMA) Case No. 97-02-025P, revising the Flood Insurance Rate Map (FIRM) and the Flood Boundary and Floodway Map (FBFM) Panel 0007.
The above documents are hereby adopted and declared a part of this Local Law. The Flood Insurance Study and/or our Maps are on file at the Town Engineer’s Office.
Section § 66-7, entitled “Interpretation; conflict with other laws” is hereby repealed. A new Section § 66-7, entitled “Interpretation; conflict with other laws” is hereby adopted.
A. This Local Law includes all revisions of the National Flood Insurance Program through November 1, 1989 and shall supersede all previous laws adopted for the purpose of flood damage prevention.
B. In their interpretation and application, the provision of this Local Law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this Local Law are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
C. The invalidity of any section or provision of this Local Law shall not invalidate any other section or provision thereof.
The question of the adoption of the foregoing resolution was duly put on roll call vote:
Supervisor Toni M. Cudney Aye
Councilman John J. Mills Aye
Councilman David M. Buyer Aye
Councilwoman Nancy W. Ackerman Aye
Councilman Steven P. McCarville Aye
The resolution was unanimously adopted.
New Business #1-Authorize Supervisor to sign an agreement with NYSERDA for Comp. Water Study
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town of Orchard Park has been approved by the New York State Energy Research and Development Authority for funding for the Town-wide Comprehensive Water Study, and
WHEREAS, NYSERDA has agreed to pay our consultant, Malcolm Pirnie, Inc., for 100% of the first $50,000.00 of the work related to the evaluation of potential energy and operational improvements in the Town’s water distribution system and at the completion of the study, the Town will reimburse NYSERDA for 50% of the amount of the funds advanced which essentially equates to a $25,000 grant plus a $25,000.00 no interest loan to the Town
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an Agreement with NYSERDA to provide financial and technical assistance for the Town-wide Comprehensive Water Study, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business # 2 - Accept the resignation of Sonia C. Loveless, Secretary of OP Recreation Commission
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the Town Board is hereby authorized to accept with regret, the resignation of Sonia C. Loveless as Secretary of the Orchard Park Recreation Commission.
The resolution was unanimously adopted.
New Business #3 - Appointment of Secretary to the Orchard Park Recreation Commission
6) 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 appoint Mary Popielinski, 75 Lawrence Place, as Secretary to the Orchard Park Recreation Commission.
The resolution was unanimously adopted.
New Business #4 - Appointment to the 1999 Winter Staff of the Town of Orchard Park Recreation Dept.
7) 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 appoint the following to the 1999 Winter Recreation Staff, as recommended by the Recreation Director:
Laura Wutz 3274 Baker Road Sub./Grd. $5.95 hr
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, certain budget transfers are necessary to balance the 1998 budget to actual expenditures made, and
WHEREAS, the Town has reviewed the cause of over expended budgets and found such to be valid and necessary costs
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the amending of the 1998 budget as follows:
$ 40,000.00 From: A.9015.000.811 Police Retirement
To: A.3120.000.100 Salary - Police
$ 15,000.00 From: A.9015.000.811 Police Retirement
To: A.9060.000.814 Hospital & Medical Ins.
$ 15,000.00 From: DA.9010.000.810 State Retirement
To: DA.1910.000.430 Payment to WS for Westgate
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the amending of the 1998 budget transfer as recommended by the Town Accounting and Auditing Firm of Deloitte and Touche:
$ 1,400.00 From: A.1320.000.451 Ind. Aud. Acct. Serv.
To: A.1340.000.451 Acct. Serv.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the amending of the following 1998 budget transfer, as recommended by the Town Assessor:
$ 27.50 From: A.1355.000.412 Mileage Expense
To: A.1355.000.400 Office Expense
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby authorize the amending of the following 1998 budget transfer, as recommended by the Highway Superintendent:
$ 1,500.00 From: A.5132.000.422 Building Heating
To: A.5132.000.445 Hwy.Garage Maintenance
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following 1999 budget transfer as recommended by the Highway Superintendent:
$ 60,000.00 From: DA.5142.000.402 Winter Supplies
To: DA.5140.000.419 Other Expenses
The Highway Superintendent explained the transfer was need to cover additional cost of snow removal by contractors and equipment rental for the January, 1999 storm.
The resolution was unanimously adopted.
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 amending of the following 1998 budget transfer, as recommended by the Police Chief:
$ 200.00 From: A.3120.000.409 Ammunition
To: A.3120.000.400 Office Supplies
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board had identified the Town’s future capital needs in a Capital Plan, and
WHEREAS, the Town wishes to proceed with appropriate planning, engineering, design and construction of several projects, and
WHEREAS, funding for current and certain future capital needs are available in the General and Highway Funds
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the 1999 adopted budget to appropriate $700,000 of General Fund - Fund Balance and $400,000 of Highway Fund - Fund Balance to be transferred to the Capital Projects Fund. These funds are to be placed in the Capital Reserve - General and the Capital Reserve - Road Reconstruction accounts respectively.
Councilwoman Ackerman thanked the Town Engineer, Mike Merritt, for his diligence in pursuing the establishment and funding of the Town’s Capital Projects.
Supervisor Cudney said the following projects have been targeted for 1999: Summit Avenue, Greenlake water quality, composting site development, drainage projects, Baker Road design and a Town wide bridge inventory.
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to refer the traffic signal at the intersection of Amanda and Amelia Drive to the Public Safety Committee for recommendations.
The resolution was unanimously adopted.
At this time Councilman Mills stated that years ago he sponsored a resolution that would bring the Planning, Zoning and Conservation Boards together once a year for a joint meeting in which the boards could exchange ideas. Councilman Mills said that he would like to schedule this meeting in the Spring, and continue it on a yearly basis. Councilman Buyer agreed with Councilman Mill and also stated all the Boards and Committees should be included in the meeting.
Councilwoman Ackerman commented on the following: 1) Noted that the Town is receiving a great service from Northeast Southtowns Waste Management (N.E.S.T), 2) Orchard Park Symphony Concert, 3) Youth Court presentation in New York City, and 4) Congratulations to Michael Lake and Scott Ludwig from Troup #230, on becoming Eagle Scouts.
Councilman McCarville spoke of being prepared in the event of Y2K problems. Councilman McCarville suggested taping and broadcasting the Town Board meetings through Adelphia Cable.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, an action is presently pending in State Supreme Court entitled Quaker Crossing, LLC v. The Town Board of the Town of Orchard Park; and
WHEREAS, this lawsuit has been defended, to date, by the Town Attorney; and
WHEREAS, recent developments in this case have made it apparent that the Town Attorney and the Deputy Town Attorney may be witnesses in this case, and, accordingly, since they may be witnesses they have a conflict in acting as attorney for the Town;
NOW, THEREFORE, be it resolved;
That Michael F. Perley, Esq., is hereby retained by the Town of Orchard Park to represent it in connection with the matter entitled Quaker Crossing, LLC v. The Town Board of the Town of Orchard Park, at the rate of $130.00 per hour.
Supervisor Cudney stated her displeasure in the avenue this case has taken, which puts the Town in the position that it now has to hire outside counsel, therefore she abstained from the vote. Councilwoman Ackerman stated that she felt the Town Attorney‘s action, in recusing himself from this case, was appropriate.
Supervisor Cudney called for a roll call vote: Supervisor Toni M. Cudney Abstained
Councilman John J. Mills Aye
Councilman David M. Buyer Aye
Councilwoman Nancy W. Ackerman Aye
Councilman Steven P. McCarville Aye
The resolution was duly adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #3, following auditing by members of the Town Board and in the funds indicated:
$ 86,220.90 General Fund
$ 4,528.18 Part Town Fund
$ 2,251.08 Risk Retention
$ 99,913.43 Highway Fund
$ 57,228.41 Special District Fund
$ 69,600.97 Trust & Agency Fund
$ 11,972.10 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 Communication as entered on the agenda:
Public Notice Southtowns Connector/Buffalo Outer Harbor Project Notice of Intent to Prepare an Environmental Impact Statement and Hold Public Scoping Meetings as follows:
1. Feb. 16th, 7:00-9:00 PM, Lackawanna Senior Citizen’s Complex, 420 Martin Road, Lackawanna
2. Feb. 18th, 4:30-6:30 PM, NYSDOT, Water front Village Center, 50 Lakefront Blvd., Buffalo
3. Feb. 24th, 7:00-9:00 PM, Southside Elementary School Comm. Room, 430 Southside Pkwy., Buffalo
Please note: The Proposed Action is designed to improve mobility between and through the City of Buffalo and its southern suburban areas.
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) Control of Animals 1998 Annual Report, and 2) Zoning Board of Appeals 1998 Annual Report.
Councilman McCarville and Councilman Buyer wanted to caution the public about the danger of rabies.
The resolution was unanimously adopted.
BUSINESS FROM THE FLOOR
There being no further business before the Town Board, on motion of Councilman McCarville, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:45 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk