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 March, 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
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 February 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 - Authorize NYSEG to install a street light on Freeman Road, south of Highland Avenue
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
WHEREAS, the Town has received a proposal from New York State Electric and Gas Corporation for the installation of an overhead street light fixture on Freeman Road, and
WHEREAS, the 5200 lumen H.P.S. luminaire, which would be owned and maintained by NYSEG, would be mounted on existing pole # 68 on NYSEG line #879 and the annual charge for this luminaire would be $115.37, and
WHEREAS, the area of Freeman Road between Highland Avenue and Bridle Path presently does not have any street lights, and one of the nearby residents has requested more lighting, and
WHEREAS, a NYSEG representative has recommended the new light at pole #68 to help the situation, which would still leave the area further south (towards Bridle Path) still dark, but there are no utility poles located in the immediate vicinity, and it would not be cost effective to place additional street lights at this time
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize New York State Electric & Gas Corporation to install one (1) 5200 lumen high pressure sodium street light fixture on Freeman Road, south of Highland Avenue at a cost of an annual increase of $115.37 to the Consolidated Light District in accordance with their proposal dated 3/1/99, as recommended by the Town Engineer and the Lighting Committee.
The resolution was unanimously adopted.
Old Business #2 - Authorize NYSEG to install decorative light fixtures on Birdsong Parkway
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
WHEREAS, the Town Board has received a proposal from New York State Electric & Gas Corporation for the installation of decorative street light fixtures on Birdsong Parkway in the Birdsong Subdivision, and
WHEREAS, the 3300 lumen H.P.S. luminaries, which are owned and maintained by NYSEG, would be placed on top of aluminum posts that were installed by the developer under PIP #97-011, and the posts and underground wiring will be owned and maintained by the Town, and the proposal is for fifteen fixtures to be installed at an annual charge of $114.76 each for a total costs of $1,721.40, and
WHEREAS, the Town’s policy has been to wait until 50%± of the homes have been constructed before installing the lighting, but due to the unique configuration of this street with a landscaped median and serpentine alignment, the Engineering Department and the Lighting Committee recommend that this policy be waived in this case
NOW, THEREFORE, be it
RESOLVED , that the Town Board does hereby authorize NYSEG to install fifteen (15) 3300 lumen high pressure sodium decorative light fixtures on Birdsong parkway at a cost of an annual increase of $1,721.40 to the Consolidated Light District in accordance with their proposal dated March 1, 1999, as recommended by the Town Engineer and the Lighting Committee.
The resolution was unanimously adopted.
New Business #1- Establish a Volunteer Tree Conservancy Task Group
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, a subcommittee of the Conservation Board has spent considerable time and effort investigating the potential benefit to the Town of Orchard of a volunteer tree conservancy task group, and
WHEREAS, this task force working under the supervision and guidance of the Town Highway Department and the Conservation Board would augment the town’s efforts in providing a tree census and maintaining town-owned street and park trees
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby establish a Volunteer Tree Conservancy Task Group that will significantly enhance the town’s continued goal of providing a quality environment for all citizens, as recommended by the Conservation Board.
Councilwoman Ackerman stated that even though this Task Group is in the preliminary stage, the need to get this initiative off the ground is so important that the Town Board wished to put it on an official basis. By establishing the Task Group now, to inventory and do remedial maintenance, the Town will be able to save thousands of dollars over the next few years.
The resolution was unanimously adopted.
New Business #2 -Approve Excavation Permit 1999-001 at 3807 Southwestern Blvd.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town has received from Victor Liberatore, Sr., 3950 McKinley Parkway, Blasdell, New York, an application for an Excavation Permit to place fill on one (1) acre of property that he owns at 3807 Southwestern Boulevard, and
WHEREAS, Mr. Liberatore had another portion of this property filled last summer without obtaining a permit from the Town, and after receiving complaints from the NYSDEC, the Building Inspector stopped the work and directed Mr. Liberatore to apply for an excavation permit or a flood plain development permit, pending the determination of whether any fill had been placed with the 100 year flood plain of the South Branch of Smokes Creek, and
WHEREAS, Mr. Liberatore denied that he had placed any fill within the flood plain and subsequently filed an application for an excavation permit, which was tabled pending an investigation, and that time Mr. Liberatore was directed to seed the slope along the creek and suspend earthmoving operations until further notice, and
WHEREAS, in comparing a topographic survey submitted by Mr. Liberatore to maps and records in our files, the Engineering Department determined that fill had indeed been placed in the flood plain at some time in the last five years, and during the site investigation it was discovered that a Town sanitary sewer manhole had been buried under approximately five feet of earth, and
WHEREAS, Mr. Liberatore has since admitted that last year he had bulldozed some fill material that was already on site towards Smokes Creek and that some of this may have encroached on the flood plain, at which time the Building Inspector informed Mr. Liberatore that he would have to remove the fill from the flood plain or have a hydraulic study done of the stream to determine if that fill could remain, and
WHEREAS, Mr. Liberatore has chosen to withdraw his original application for an excavation permit and remove the fill from the flood plain and sanitary sewer manhole, and
WHEREAS, the required fee and cash security for resonation work that was submitted for the previous application and is on deposit with the Town Clerk will be used for the new excavation permit application and the plans for the current application have been found to be acceptable, with silt fencing and other erosion control devices will be used on the site to protect the creek and flood plain
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the application for excavation permit # 1999-01 to Mr. Liberatore at 3807 Southwestern Blvd. with the stipulation that all fill placed in the Smokes Creek flood plain during 1998 be removed and that all disturbed areas will be satisfactorily graded and seeded at the completion of operations, as recommended by the Town Engineer.
Councilman McCarville said that the plans for this site also include silt fencing and other erosion control devices to protect the flood plane for the this creek.
The resolution was unanimously adopted.
New Business #3 -Award Contract to Computer Consultants for Y2K (Year 2000) Technology Services
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Orchard Park Computer and Information Technology Advisory Committee have been meeting regularly to review the Town of Orchard Park’s computer systems, operations and the Town’s readiness for the Year 2000, and
WHEREAS, the Computer Advisory Committee, upon review of the final report provided by the Center for Industrial Effectiveness of the SUNY Business Alliance, which inventoried and analyzed the Town’s computer hardware & software for Y2K compliance, recommends that the Town take the following steps:
Ø Review TCIE findings for accuracy.
Ø Identify additional hardware, software and equipment that was not included in the TCIE report and perform Y2K assessment.
Ø Assess all systems regarding the priority or importance of Y2K compliance as it relates to the mission of the department in which the system operates.
Ø Identify each machine tested and/or evaluated by manufacturer, model, serial number and other pertinent identification data, listed by Town department.
Ø The Y2K status of each system.
Ø Recommendations for system/machine compliance.
Ø Estimated costs associated with recommendations for compliance.
Ø Vendor and/or manufacturers certification.
Ø The Town perform an assessment of all third party specialized software to include testing the software and obtaining vendor verifications, and
WHEREAS, to carry out the recommendation listed above the Computer Advisory Committee further recommends the hiring of a professional consultant firm to do the work, and
WHEREAS, the Computer Advisory Committee placed an ad in the paper for computer consultants, interviewed the respondents and sent a Request For Proposal (RFP) to five pre-selected firms to be returned by February 26, 1999,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby hire Bits & Bytes Computer, 4230 North Buffalo Street, Orchard Park, NY, the lowest responsible bidder meeting the criteria of the RFP, as consultant to perform Part 1 of the RFP at a cost not to exceed $5,960.00.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney reported that the Annual Financial Report is now filed in the Town Clerk’s office. It showed all the departments as having positive balances and the Town is still in a strong financial position. She then commended all the Town departments for working within their budgets. Supervisor Cudney stated that at the Association of Erie County Governments Meeting (all the towns & villages in Erie County) a resolution was passed protesting the large cut in C.H.I.P.S. funding which is state monies that come back to the Municipalities to use for the highway systems. This resolution was sent off to the legislature and the Governor. At this meeting, they had an update on Y2K issues, from the county. They assured everyone that the 911 system, the Erie County Water Authority and the Erie County Sewer system are all ready for Y2K and the county should not experience any serious difficulties as we enter the year 2000.
Councilman Buyer wished to bring attention to the memo from the Zoning Commission Chairman, John Bernard, in which the Commission unanimously recommends that the Planned Unit Development (P.U.D.) ordinance be removed from the Town Code and then requested that the Town Board put this item on a future Town Board work session. Councilman Buyer then commented on the Buffalo News article that stated getting Public data from some suburbs is like pulling teeth, and Orchard Park was one of the towns mentioned. He said that Public information should be available to the public, but within a reasonable time frame. Councilman Buyer also stated that he does not feel that the Supervisor was trying to hide anything and that there are no town employees receiving overtime pay that is unnecessary, or that is out of line. He also said that he does believe in open government and will try to make any information available that he can.
Supervisor Cudney stated that she had sent a letter to the Buffalo News objecting to the article, and the fact that they have criticized the small towns. She did not turn over the information, which was extensive, to the reporter immediately because she was unsure of how much information could be given out under the Freedom of Information. The reporter was informed that as soon as the Supervisor clarified this with the Department of State, she would receive additional information. The information that the reporter was looking for was available as raw data, but she wanted this information compiled, which took quite a bit of the Town employees time to do. Supervisor Cudney said that government should be open, but the press should also be considerate of the requests from the towns and should be willing to pay for the time and effort required.
Town Clerk, Janis Colarusso, introduced four young men from St. Francis high school for their government class: Peter Trembley, Matthew Trembley, Kenny Wagner and Greg Tonucci.
7) 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 the K-9 officer, and his K-9 dog, to attend a training session regarding drug detection in sealed concealed in vehicles in Albany on March 23rd & 24th at town expense, as recommended by the Police Chief.
The resolution was unanimously adopted.
Police Chief McCune announced that the Town has received a $75,000.00 grant from the U.S. Department of Justice under the COPS MORE program to hire a police officer. This grant will be spread over a period of three years, and the town matches 25%.
Town Engineer Merritt announced that Malcom Pirne is about half-way done with the first of six tasks involved with the Town-wide Comprehensive Water Study. This study does require some testing, and he wished to make the citizens aware that testing was going to be done this weekend in several areas, and this will disrupt their water systems.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER , 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:
$ 76,405.83 General Fund
$ 3,677.04 Part Town Fund
$ 3,871.39 Risk Retention
$ 27,863.92 Highway Fund
$ 15,165.50 Special District Fund
$ 7,092.76 Trust & Agency Fund
$ 1,645.70 Capital Fund
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communication as entered on the agenda: The Towns of Boston, Eden, Evans, Hamburg & Orchard Park announced an Arterial management Workshop to be presented by the New York State Department of Transportation on March 9, 1999 in the Hamburg Senior Center.
The resolution was unanimously adopted.
10) 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 reports: 1) Building Inspector’s Annual Report for the Year 1998. 2) The D.A.R.E. Annual Report and 3) (not on the agenda) Town Attorney’s report for the New York State Association of Towns conference in New York City.
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 Councilman Buyer, the meeting was adjourned at 8:41 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk