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 6th day of January 1999 at 8:36 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 Campion Building Inspector
Samuel M. McCune Police Chief
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 McCARVILLE, TO WIT:
RESOLVED, that the minutes of the regular meetings of the Town Board, held on November 4th and 18th 1998, as presented to 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- F. Downing, Towne Auto. Group, 3050 Southwestern Blvd., request additional parking
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby seek Lead Agency Status for the SEQRA review in the request for additional parking by Frank Downing of the Towne Automotive Group located at 3050 Southwestern Blvd., as advised by the New York State Department of Environmental Conservation.
The resolution was unanimously adopted.
Old Business #2 -Final Acceptance of Powers Rd., Sanitary Ext. for the Pouthier Estates Subd. PIP #98-07
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, a final inspection was conducted of the sanitary sewer extension in the Pouthier Estates Subdivision, PIP 98-07, and
WHEREAS, all work has been completed in accordance with Town specifications with the exception of the lawn restoration at the connecting manhole in front of #6149 Powers Road, and there is a $1,000.00 cash escrow to be held until the restoration is satisfactorily completed in the spring of 1999, and
WHEREAS, the Town has received a two year maintenance bond in the amount of $15,000.00 along with all other required paperwork and the permanent easements have been obtained from the individual landowners and approved by the Town Attorney
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with dedication of the necessary easements for the sanitary sewer extension as constructed under PIP #98-07, and authorize the Town Clerk to release the performance security in the amount of $ 3,000.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #3 - Authorize release of $ 30,000.00 for Part 1, Phase 1 of Birdsong Subd., PIP #97-10
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, a final inspection was conducted of the installation of the decorative street lighting standards and underground conduit and tree planting for Part 1, Phase 1 of the Birdsong Subdivision, PIP #97-10
NOW, THEREFORE, be it
RESOLVED, that the Town Clerk is hereby authorized to release the performance security in the amount of $30,000.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #4 - Authorize the release of $1,500.00 for Part 7 of the Stonehenge Subd. PIP #98-02
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, on December 31, 1998, a final inspection was conducted of the public improvements constructed in the Stonehenge Subdivision, Part 7, for the barricade installation protecting the south end of Quaker Lake Terrace, and
WHEREAS, all work has been completed and found acceptable per Town of Orchard Park specifications and standards, and
NOW, THEREFORE, be it
RESOLVED, that the Town Clerk is hereby authorized to release the amount of $1,500.00 held in escrow under PIP #98-02, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #1 - Authorize the Supervisor to sign the agreement for 1999 Nutrition Contract for Sr. Ctr.
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 authorize the Supervisor to sign the agreement with the Erie County Department of Senior Services for the 1999 Nutrition Contract for the Orchard Park Senior Center.
The resolution was unanimously adopted.
New Business #2 - Authorize the Supervisor to sign the agreement for 1999 Town of OP Van Services
7) 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 Supervisor to sign the agreement with the Erie County Department of Senior Services for the 1999 Town of Orchard Park Van Services.
The resolution was unanimously adopted.
New Business #3 - Bldg. Inspector / Niagara Frontier Building Officials Annual Ed. Conference
8) RESOLVED, that the Town Board is hereby authorized to approve the request from the Building Inspector, Joseph Campion, and his staff , Weldon Bragg and David Holland to attend the Niagara Frontier Building Officials Annual Educational Conference, Wednesday, February 8th, 9th and 10th, 1999, at the Sheraton Inn, Walden Avenue, at Town expense.
The resolution was unanimously adopted.
New Business #4 - Schedule Public Hearing on Local Law #1 of 1987
9) 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 schedule a public hearing for February 3, 1999 at 8:00 P.M. (local time), in the matter of Local Law #1 of 1999, proposed Amendment to Local Law #1 of 1987 to comply with Federal Flood Insurance Program, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approved the following budget transfer, as recommended by the Receiver of Taxes.
$ 100.00 From: A.1330.000.413 (travel & conference) To: A.1330.000.419 (other expenses)
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following budget transfers, as recommended by the Town Clerk.
$ 119.00 From: A.1410.000.419 (other expenses)
$ 118.00 From: A.1410.000.413 (travel & conference)
To: A.1450.000.461 (records management)
$ 1,750.00 From: A.1450.000.110 (elections)
To: A. 1450.000.444 (rental-polling places)
The resolution was unanimously adopted.
At this time the Supervisor read into the minutes the Boards & Committees Meeting Schedules. The following Government Bodies meet:
Town Board Meetings: 8:00 PM - 1st & 3rd Wednesday of each month
Town Board Work Sessions: 6:30 PM - every Wednesday of each month
Town Court:: 5:00 PM - every Tuesday & 2nd & 4th Thursday
Village Board Meetings: 8:00 PM - 2nd & 4th Monday of each month
Village Court: 3:00 PM - 1st Thursday of each month
Conservation Board: 7:00 PM - 1st Tuesday of each month
Planning Board: 7:30 PM - 2nd Wednesday of each month
Zoning Board of Appeals: 7:30 PM - 3rd Tuesday of each month
Recreation Commission: 7:30 PM - 2nd Tuesday of each month
Public Safety: 7:30 PM - 3rd Tuesday of each month
These will be posted permanently on the Town Clerk’s board in the mezzanine. The Supervisor’s office can advise citizens of the location of the meeting if necessary, 662-6400.
The Supervisor also read into the minutes the dates of al the 1999 Supervisors’ Coffee Hour. She stated that all coffee hours are informal and held at 10:00 AM in the basement of the Municipal Building on the following Saturdays of this year: January 30th, February 27th, March 27th, April 24th; Earth Day, May - (Memorial Day, no coffee hour), June 26th, July 31st, August 28th, September 25th, October 30th, November - (Holiday, no coffee hour), December - (Holiday, no coffee hour). This schedule will also be posted on the Town Clerk’s Board in the foyer for public viewing.
Councilman Mills thanked the Highway Department and Police Department for all of their efforts during the heavy snowfall these past few days.
Councilman Buyer commented on the communication concerning State of New York DOT project on US Route 20, Southwestern Blvd., and Amsdell Road to NY Route 240/277 for the Towns of Hamburg and Orchard Park. He feels that the Town Board should review and comment on the sidewalk phase of this project.
Councilman McCarville also had reservations concerning sidewalk building aspect of the same project and felt the monies would be better spent on improving the roads of Erie County.
The Highway Superintendent commended the Garbage Collection Agencies during the stress related weather conditions and would like the residents to use a little common sense during this storm.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WITH:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #1, following auditing by members of the Town Board and in the funds indicated:
$ 82,382.49 General Fund
$ 3,447.78 Part Town Fund
$ 45,131.37 Highway Fund
$ 89,675.94 Special District
$ 72,400.27 Trust & Agency
$ 16,183.50 Capital Fund
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following communications as entered on the agenda: 1) ECIDA (Erie County Industrial Development Agency):Notice of a Public Hearing, Monday, March 1, 1999, regarding Uniform Tax Exemption Policy and Guidelines of Erie County Industrial Development Agency.
2) New York State Department of Transportation: Notification of scoping phase and preliminary design phase for Southwestern Blvd. Re: PIN 511.69, US Route 20, Southwestern Blvd. SH 9237 & 9269, Amsdell Road to NY Route 240/277.
The resolution was unanimously adopted.
BUSINESS FROM THE FLOOR
Lorraine Biryla, 57 Greenmeadow Drive; thanked the Town Board Member for her seven year appointment to the Planning Board.
There being no further business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman McCarville, the meeting was adjourned at 9:01 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk