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 17th 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
Joseph M. Campion Building Inspector
Samuel M. McCune Police Chief
Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
Certificate of Achievement Award
At this time the Certificate of Achievement for Excellence in Financial Reporting was awarded to the Town of Orchard Park by Vincent Carfagna, of the Government Finance Officers Association of the United States and Canada, for its comprehensive annual financial report. The certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Only three percent of the all the jurisdictions of the United States and Canada receive this award. An Award of Financial Reporting Achievement is awarded to the individual designated as primarily responsible for preparing the award-winning comprehensive annual financial report and this award was presented to Supervisor Toni M. Cudney.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE , TO WIT:
RESOLVED, that the minutes of the regular meetings of the Town Board, held on February 3, 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 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of Local Law #2 for 1999, which provides as follows:
PUD & Cluster Development Moratorium
Ø A moratorium is hereby imposed on all applications for Planned Unit Development and Cluster Development.
Ø The Town of Orchard Park Planning Board is hereby directed not to consider any further applications for Planned Unit Development or Cluster Developments.
Ø The above referenced moratorium shall commence upon the filing of this law and shall be in effect until September 1, 1999.
Ø This law specifically supersedes the provisions of the New York State Law § 261, 267, 278 and 281, relating to Planned Unit Developments and Cluster Developments.
Ø This local law shall take effect upon filing with the Secretary of State.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
Proponents:
Ray Paolini-7303 Michael Road: Mr. Paolini wanted to know if the Zoning Commission had completed their study of PUD & Cluster developments yet, and if any recommendations have been made. He would like to see this ordinance deleted from the Town Code.
Mike Crashell-7283 Michael Road: does not see the need to review this Ordinance at all, he wants it removed completely instead of extending the Moratorium.
Opponents:
Marvion Ashburn-6326 Benning Road: Mr. Ashburn, who is on the Zoning Commission, feels that the Moratorium is necessary to study the advantages and disadvantages of what is currently on the books and what other options are available.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Public Hearing in the matter of Local Law #2 - 1999, Providing for a Moratorium on applications for Planned Unit Developments and Cluster Developments until September 1, 1999, is hereby closed at 8:20 PM (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE , TO WIT:
WHEREAS, following due and timely notice a public hearing relating to the matter of Local Law #2 of 1999, imposing a Moratorium on Cluster Development and Planned Unit Development until September 1, 1999 was conducted on the 17th 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 #2 for 1999 which provides as follows:
Ø A moratorium is hereby imposed on all applications for Planned Unit Development and Cluster Development.
Ø The Town of Orchard Park Planning Board is hereby directed not to consider any further applications for Planned Unit Developments or Cluster Developments.
Ø The above referenced moratorium shall commence upon the filing of this law and shall be in effect until September 1, 1999.
Ø This law specifically supersedes the provisions of the New York State Law § 261, 267, 278 and 281, relating to Planned Unit Developments and Cluster Developments.
Ø This local law shall take effect upon filing with the Secretary of State.
The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
Toni M. Cudney Aye
John J. Mills Aye
David M. Buyer Aye
Nancy W. Ackerman Aye
Steven P. McCarville Aye
The resolution was unanimously adopted.
Old Business #1 - Waterline Extension, 3030 Union Road, Anderson’s Rest. - PIP #98-09
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, on February 4, 1999 a final inspection was conducted of the public waterline extension at 3030 Union Road, installed for Anderson’s Restaurant, now under construction, and
WHEREAS, all work has been satisfactory completed in accordance with Town specifications except for lawn restoration, which will be done when favorable weather conditions reveal, and
WHEREAS, a landscape bond in the amount of $ 14,000.00 is in place as part of the requirements for the building permit and will also be used as surety for the waterline restoration work, and
WHEREAS, a two year maintenance bond in the amount of $ 12,500.00 has been submitted and is on file with the Town Clerk
NOW THEREFORE, be it
RESOLVED, that the Town Board hereby accept the public waterline extension at 3030 Union Road constructed under PIP #98-09, and be it further
RESOLVED, that the Town Board authorize the Town Clerk to release the performance security in the amount of $ 2,500.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #2 - Release of Street Lighting Escrow for PIP #98-08
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the required decorative street lighting standards, along with all wire and conduit, have now been installed for Chestnut Ridge Subdivision, Part III , and the work was inspected by the Engineering Department and found to be in compliance with Town specifications
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Clerk to release the $ 16,000.00 held in escrow under PIP #98-08 for the completion of decorative street lighting in the Chestnut Ridge Village Subdivision, Part III to Mr. Alan Nigro of Nigro Custom Homes, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #1 - OP Jaycees request to use Yates Park/Green Lake for Egg Hunt, March 27, 1999
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board hereby authorize the request from the Orchard Park Jaycees to use Yates Park Green Lake (including the recreation building) to hold their annual Community Egg Hunt, Saturday, March 20th, 1999, from 8:00 AM to 1:00 PM.
The resolution was unanimously adopted.
New Business #2 - Target Store, 5622 Amanda Lane, OP: Request for temp. Garden Ctr. Bldg. Permit
7) 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 refer to the Planning Board and Conservation Board the request for a building permit for a temporary outside display structure for the purpose to house a Garden Center +/- April 15, 1999 to +/- July 30, 1999.
The resolution was unanimously adopted.
New Business #3-not on agenda, Request for Special Exception Use - vacant land on Southwestern Blvd.
8) 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 refer the request of Richard & Robert Peleckis, to build a Convenience store/gas facility on vacant land adjacent to, and just east of , Erie Community College- South Campus on Southwestern Blvd., to the Planning and Conservation Board.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
9 ) 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 following 1998 budget transfer to do year end adjustments:
$1,000.00 From: A.1620.000.421 Gas Account
To: A.1620.000.419 Telephone Account
$2900.00 From: A.1670.000.139 Clerical Part Time
To: A.1670.000.411 Postage
The resolution was unanimously adopted.
Supervisor Cudney welcomed back, Councilman Mills, Councilwoman Ackerman, Town Engineer Mike Merritt and Town Attorney Leonard Berkowitz, from their trip to the Association of Towns meeting in New York City and that she looked forward to hearing about the seminar in their reports.
Councilman Mills said that he felt the conference in New York City was very productive this year. He stated the exchange between the different towns is beneficial because it brings a lot of people together with a great deal of ideas. He stated over the next few weeks he is going to expand some of the items he feels are important. He also stated that the Youth Court Seminar that Councilwoman Ackerman and Mary Weinman, Supervisor of the Town of Wales, put on was extremely well received and it was one of the better seminars at the conference.
Councilman Buyer said that he has received the Drug Abuse and Resistance Education program (DARE), 1998 report. The DARE classes were conducted in all the elementary schools, and a total 494 students participated in this years program. This is the last report that will be turned in by the pioneering DARE Officer, Tom Buranich, as he is stepping down and returning to regular patrol work. Councilman Buyer stated Tom has done an exceptional job in setting up the DARE Program and educating the youth of Orchard Park. The new DARE officer is Andrew Benz, who just finished his DARE Training Course. Mr. Buyer stated Officer Benz explained to him the DARE Training Course is one of the most rigorous he has gone through. Councilman Buyer then introduced Officer Benz. The DARE program is going to need the support of the community and soon there will be requests going out to help finance this program.
Councilwoman Ackerman talked about the United Way’s Neediest Fund and the services that were provided this year. Councilwoman Ackerman then discussed the Youth Court Seminar that she and Mary Weinman of Wales presided over at the seminar in New York City. They used the same format that was used when the Youth Court Seminar was held in the Orchard Park High School and she and Mary offered different perspectives on the program. Councilwoman Ackerman commented on the Ethics Issues, and the review of our Code of Ethics, as she and the Town Attorney attended seminars regarding this issue, and will put these ideas in their reports.
Councilman McCarville said he felt that work session regarding Y2K compliance was off to a good start and that the Town is working towards being prepared for the year 2000. Councilman McCarville stated that at the Public Safety Committee, the intersection of Chestnut Ridge Road and Powers Road was brought up as an area that is a hazard with only a flashing yellow light. The Public Safety Committee would like the State to reevaluate this intersection for a new signal or some other safety device.
10) 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 a letter to the State Department of Transportation requesting an evaluation of the intersection of Chestnut Ridge Road and Powers Road.
The resolution was unanimously adopted.
11) 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 Supervisor to sign the Fireworks Contract with Skylighters of Western New York for the 4th of July fireworks display, as recommended by the Town Attorney.
The resolution was unanimously adopted.
12) 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 Highway Superintendent to purchase a used Jacobsen Flail mower from the Orchard Park School District for $5,500.00.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE , TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #4, following auditing by members of the Town Board and in the funds indicated:
$ 81,409.11 General Fund
$ 1,337.58 Part Town Fund
$ 2,717.20 Risk Retention
$ 63,654.73 Highway Fund
$ 314,132.46 Special District Fund
$1,077,682.84 Trust & Agency Fund
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, 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: 1) State of New York Board of Real Property Services, Albany New York: The Town of Orchard Park received notification stating on January 29, 1999 the State Board of Real Property Services established a final State equalization rate of 80.55 for the Town.
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, 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) Orchard Park Police Dept. Monthly Report for January, 1999, 2) Building Inspectors Monthly Report & Building Permits for January, 1999, and 3) Orchard Park Senior Center 1998 Year End Report.
Before the vote was taken, Supervisor Cudney stated this is the first full year of operation for the Senior Center and she review some of the programs and activities that took place this year.
The resolution was unanimously adopted.
At this time Supervisor Cudney and Councilman Buyer introduced two high school Interns, Christian Lovelace and Jeff Knapp from the Orchard Park Central School System who are presently working with them in the Municipal Center for a Government Class through the school.
BUSINESS FROM THE FLOOR
Ray Paolini, 7303 Michael Road: Ask the Town Board about the monies in the budget that will be used for the intersections of Milestrip Road and Baker Road.
At this time the Town Engineer explained that there are funds in the Capital Improvement Program for an engineering study of the reconstruction of Baker Road from 20A to Milestrip Road. He explained the study will take up to two years, and the construction of the project will take another two years. He stated they will be moving forward on that study this year.
There being no further business before the Town Board, on motion of Councilman McCarville, seconded by Councilman Mills, the meeting was adjourned at 8:51 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk