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 5th day of May, 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
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
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 meeting of the Town Board, held on April 21, 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.
The Public Hearing scheduled for this evening regarding Local Law #3 for 1999 was canceled due to a misprint in the official town newspaper. At this time the Town Attorney suggested to the Town Board to reschedule the Public Hearing for Local Law #3 for 1999, Wednesday, May 19, 1999 at 8:00 P.M.
2) 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 schedule a Public Hearing on May 19, 1999 at 8:00 P.M. (local time) in the matter of the adoption of proposed Local Law #3 of 1999, Appointment of Alternate Members to Planning Board and/or Zoning Board of Appeals, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
Old Business #1 Authorize additional expenditure for Environmental Site Assessment on Milestrip Rd.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, on March 17, 1999 the Town Board retained the services of Evergreen Testing & Environmental Services to conduct a modified Phase 1 Environmental Site Assessment of the Warning property at a cost of $3,416.00, and
WHEREAS, the Town is now in receipt of the consultant’s final report which concludes that there is no evidence of recognized environmental conditions of concern in connection with this site except for the potential of federal or state jurisdictional wetlands located in the northeast and southwest corners of the property, and
WHEREAS, in addition to the standard site assessment, the consultant’s services included sampling and analytical testing of the well water and the bottom sediments in the irrigation pond, and the test results for each of these were negative for hazardous compounds, and
WHEREAS, in the course of their investigation the consultant discovered two sources of spring water which produced a rust colored appearance to the vegetation in the bottom of the drainage ditch near the south boundary of the property, therefore the consultant was directed by the Town Engineer to take a sample and perform analytical testing of the spring water which came back negative for hazardous compounds, and
WHEREAS, the cost of the additional work was $440.00 and three additional copies of the consultant’s reports for the New York State Department of Environmental Conservation (NYDEC) in order to obtain a yard waste permit cost $150.00,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the additional expenditure of $590.00 to Evergreen Environmental Services, Inc. PO Box 482, Orchard Park, NY 14127 for the modified Phase 1 Environmental Assessment on the 56± acre vacant parcel of land at the rear of #6961 Milestrip Road, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #2 West Seneca Rotary Club Golf Course
4)THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the West Seneca Rotary Foundation has proposed to construct an 18 hole championship golf course on land donated by Carl Lambein, and
WHEREAS, the proposed golf course will be located on approximately 254 acres in the north-east corner of the Town of Orchard Park on Southwestern Blvd, Route 20, and
WHEREAS, the facility will be open to the public with reduced fee preference to the residents of the Town of Orchard Park and West Seneca with the anticipation the facility will include a learning center for classes and practice purposes, and
WHEREAS, the facility will be owned and operated by the West Seneca Rotary Foundation, a non-profit organization associated with the West Seneca Rotary, and
WHEREAS, following due and timely notice on the 21st day of April, 1999, at which time all interested parties were given an opportunity to be heard, a Public Hearing relating to the matter of the request from the West Seneca Rotary Club to rezone 254 acres of vacant from R-2 and R-3 to R-2 and R-3 Special Exception Use (land bordered by Southwestern Blvd., Transit Road, Angle Road and Michael Road) to construct a public 18-hole golf course, including a main clubhouse, maintenance building and related parking facilities, and
WHEREAS, the Planning Board, March 10, 1999, recommends approval of this request with stipulations.
NOW, THEREFORE, be it
RESOLVED, that the Orchard Park Town Board does hereby authorize the rezoning of 254 acres of vacant land from R-2 and R-3 to R-2 and R-3 Special Exception Use for the construction of an 18-hole golf course, as requested by the West Seneca Rotary Foundation, with the following stipulations:
Ø This is a Type I SEQR Action base on the submitted Full EAF Part 1, 2 and 3, and a Negative Declaration is made.
Ø Fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice.
Ø This approval is contingent upon the applicant completing the project as proposed on the development plans dated December, 1998. The property will revert to its original zoning classification of R-2 and R-3 if the project is not completed, per Section 144-67 of the Town Code.
Ø The proposed project is in compliance with the town’s long range comprehensive plan.
Ø The applicant has demonstrated a need for the project.
Ø The project is compatible with adjoining land uses and proposed development and will not have a negative impact on the adjacent land value or public safety.
Ø The applicant will demonstrate an orderly flow of traffic ingress and egress.
Ø The applicant will provide suitable parking facilities.
Ø Landscaping as indicated on the proposed plan will provide adequate screening.
Ø Free areas of recreation are not required.
Ø The nearness and impact on schools and utilities is not an issue.
Ø The health and safety of adjacent properties is not affected.
Ø The use of pesticides and fertilizers shall be based on the non-toxic guidelines of the sensitive to a Toxic Environment Foundation, Inc., and shall incorporate integrated pest management practices.
Supervisor Cudney stated that she felt the Golf Course will be a very good project for the community. She also stated the impact of a golf course will be much less than the original zoning of R-2 and R-3 which would have allowed 250 acres of residential housing. She then thanked the West Seneca Rotary Foundation for all their time and energy on behalf of the residents of Orchard Park and West Seneca.
Councilman Buyer outlined the approval process for the golf course which consists of two steps; 1) granting the special exception use, and 2) site plan approval which will include a thorough review that will address the concerns expressed by the citizens.
Councilwoman Ackerman explained that the SEQR approval given tonight is just on the issue of permitting the concept of a golf course on this property. When the site plan is received, a thorough investigation of all the specific issues will be undertaken before an approval is granted.
The resolution was unanimously adopted.
Old Business #3 Award the “Dump Body & Snow Plow Equipment” bid for the Highway Department
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, sealed bids for a Highway Dump Body and Snowplow Equipment were opened on May 3, 1999 at 11:00 AM (local time) in the Supervisor’s Office in the Orchard Park Municipal Center,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby award the bid for the “Dump Body” to Kaminiski Refrigeration & Truck Equipment, Inc, 245 Lewis Street, Buffalo, NY 14206, for $7,410.00, and be it further
RESOLVED, that the Town Board does hereby award the bid for the “Plow Equipment” to Valley Fab & Equipment, 9776 Trevett Road, Boston, NY 14025, for $14,375.00, both bidders being the lowest responsible bidder thereof, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
New Business #1 Neil J. Infante’s request to use the facilities at the Orchard Meadows Playground
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 approve the request of Neil J. Infante to use the facilities at the Orchard Meadows Playground on Sunday, June 27, 1999.
The resolution was unanimously adopted.
New Business #2 Receiver of Taxes requesting to attend the NYS Assoc. of Towns Training Seminar
7) 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 approve the request of Carol R. Hutton, Receiver of Taxes, to attend the 1999 Association of Towns Training Seminar for Tax Collecting Officers, June 13 - 16, 1999, at the Holiday Inn in Watterloo/Seneca Falls, at town expense.
The resolution was unanimously adopted.
New Business #3 Disabled American Veterans request to sell “Forget-Me-Nots”
8) 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 approve the request of the Disabled American Veterans, Chapter 135, to sell “Forget-Me-Nots” flowers at various sites in the Town of Orchard Park during their annual fund drive, May 5-9, 1999.
The resolution was unanimously adopted.
New Business #4 American Legion Auxiliary #567, request to sell Poppies
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 approve the request of the American Legion Auxiliary #567 to sell Poppies for the veterans at various sites in the Town of Orchard Park on May 21 & 22, 1999.
The resolution was unanimously adopted.
New Business: (Not on the agenda.) Proclamation for American Legion 100 year Anniversary
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, Born in the fires of a revolution and tempered by civil war and foreign conflicts, the United States of America today embodies the highest ideals of freedom and democracy, and
WHEREAS, For over two hundred years millions of Americans have answered our nation’s call to defend our freedoms and our democratic form of government against all enemies, and
WHEREAS, Such service has required sacrifice, hardship, endurance, dedication, bravery, courage and the highest level of patriotism; those who have served our country deserve special attention,
NOW, THEREFORE, be it
RESOLVED, that we the Town Board members of the Town of Orchard Park, do hereby call upon all our fellow citizens to recognize the 100th Anniversary of the Veterans of Foreign Wars of the United States. Founded in 1899 by veterans of the Spanish-American War, the VFW is dedicated to serving all of America’s veterans and their families. Further, we urge all individuals, schools, businesses, churches, and civic organizations to proudly display the Flag of the United States of America and Participate in programs honoring the VFW and all of America’s 26 million veterans. Freedom isn’t free, and these are the men and women who paid for the freedom all of us enjoy today.
The resolution was unanimously adopted.
New Business #5 Orchard Park Central School District request to use 10 voting machines on 6/15/99
11) 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 approve the request of the Orchard Park Central School District for the use of ten (10) voting machines on June 15, 1999 for the Special District Vote with the following two stipulations: 1) the machines will be picked up on May 6, 1999 for the budget vote and kept there until after the special district vote, but the keys will be returned to the Town Clerk between the elections, and 2) if any damage is done to the machines, repairs will be paid for the the Orchard Park Central School District.
The resolution was unanimously adopted.
New Business #6 Approve Stable Permit for Quakerfield, Inc., 4760 Freeman Road
12) 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 approve the 1999 Stable Permit for Quakerfield, Inc., 4760 Freeman Road.
The resolution was unanimously adopted.
New Business #7 American Legion Post 567 requesting to place a sign in front of building
13) 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 approve the request of the Orchard Park American Legion Post #567 to place a sign in front of their building from May 5-8, 1999 to advertise the Orchard Park Boys & Girls Club fund raiser, which is a silent auction to raise money to benefit the Handicap Accessibility Project.
The resolution was unanimously adopted.
New Business #8 Appoint Spring/Summer Orchard Park Recreation Staff
14) THE FOLLOWING RESOLUTION WAS OFFERED COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY THE COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby approve the following resident appointments to the Spring/Summer Recreation Staff, as recommended by the Recreation Director:
Name Address Position Rate
Cara Starosielec 30 Knob Hill Aide $ 5.15
John Lindstrom 6235 Scherff Aide $ 5.15
Lydia Wasielewski 19 Fir Top Aide $ 5.15
Tim Morseon 50 North Lane Aide $ 5.50
Peter Miller 25 Briggs Guard $ 5.70
James Gibson 42. N. Davis Dir. $ 6.50
Jamie Keats 133 Lincoln Dir. $ 8.00
Jennifer Hahn 29 Quail Run Aide $ 5.15
Mike Cellino 6855 Chestnut Ridge Aide $ 5.15
Note: The above appointments are dependent upon applicants securing the required certifications.
The resolution was unanimously adopted.
New Business # 9 Appoint Nancy Janish to Confidential Secretary to the Chief of Police
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby appoint Nancy Janish to Confidential Secretary to the Chief of Police, Civil Service range 0300, Step C.
The resolution was unanimously adopted.
New Business # 10 & 11 Refer to Planning Board
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 refer to the Planning Board & Conservation Board the following: 1) The Krog Corp., 4 Centre Drive, Orchard Park: requesting a Building Permit to construct a new building on Cobham Drive which will be an office/warehouse facility owned by Linen World, and 2) Fellowship Wesleyan Church, Southwestern Blvd.: requesting to build a new church and related facilities.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney announced that on May 12, 1999, the Town Board Work Session will begin at 7:00 PM.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the Town solicited and received quotes to paint the exterior trim on the Town Municipal Building,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign a contract with Rainbow Painting, 213 Lincroft, Lackawanna New York 14218, the lowest responsible bidder, for $5,500.00, to paint the exterior trim on the Orchard Park Municipal Center, S4295 S. Buffalo Street.
The resolution was unanimously adopted.
Supervisor Cudney announced due to an excellent safety record and accident prevention record, the insurance costs were less than anticipated and a dividend was issued to the Town in the amount of $ 75,819.00. She congratulated the Department Heads and thanked the employees for an excellent safety record. She also stated that the Memorial Day Parade will be on Monday, May 31, 1999 and line up time is 8:30 A.M., behind the Orchard Park Public Library. The Parade will proceed north on Buffalo Street to the Four Corners where it will turn left onto Quaker Street and into Veterans Park for the ceremony. The speaker will be Erie County D.A., Frank Clark, a Vietnam Veteran. Anyone who wishes to participate may contact John Schroeder.
Councilman Buyer noted the petition of the Ellicott Development Co., which was previously referred to the Planning Board and Conservation Board, is to be leased to the New York State Department of Transportation for a testing laboratory. Activities in this laboratory would not include testing which involved hazardous materials but instead would perform tests related to road construction such as material moisture content, materials grades and similar such tests.
Councilwoman Ackerman, as a United Way of Buffalo and Erie County Board Member, presented a plaque to the municipal employees for their generous support of the 1998 United Way Campaign. She also wanted to remind the public of Candidates’ Night for the School Board seats will be Monday, May 10, 1999 at 7:00 PM at the Eggert Road School. Councilwoman Ackerman will be the moderator.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town of Orchard Park, the County of Erie and the Village of Orchard Park have entered into a Community Development Block Grant Community Project Agreement for construction of improvements to the structure occupied by the Boys & Girls Club of Orchard Park; and
WHEREAS, the referenced agreement is specifically incorporated in this Agreement
NOW, THEREFORE, be it
RESOLVED, that it is mutually agreed by and between the parties hereto as follows:
Ø The Boys & Girls Club of Orchard Park shall comply with all applicable provisions of the Community Development Block Grant Community Project Agreement.
Ø The Boys & Girls Club of Orchard Park agrees to complete certain improvements described in the Community Development Block Grant Community Project Agreement.
Ø The Town agrees to pay the Boys & Girls Club of Orchard Park, pursuant to the terms of the Community Development Block Grant Community Project Agreement, as funds are authorized to be paid by the County of Erie, and be it further
RESOLVED, the Town Board does hereby authorize the Supervisor to execute the contract between the Orchard Park Boys and Girls Club and the Town of Orchard Park for the Handicap Accessability Project that is part of the Community Development Block Grant for 1999, as recommended by the Town Attorney.
The resolution was unanimously adopted.
19) 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 #9, following auditing by members of the Town Board and in the funds indicated:
$ 59,473.44 General Fund
$ 3,742.92 Part Town Fund
$ 1,518.12 Risk Retention
$ 30,141.97 Highway Fund
$ 63,011.29 Special District Fund
$ 3,649.81 Trust & Agency Fund
$ 407.19 Capital Fund
The resolution was unanimously adopted.
20) 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 Communications as entered on the agenda: 1) Adelphia Cable: Rate justification materials concerning Adelphia’s Annual Rate adjustments. 2) Erie County Water Authority: Copies of the Erie County Water Authority combined Annual Water Supply Statement and the Consumer Confidence Report for 1998.
The resolution was unanimously adopted.
BUSINESS FROM THE FLOOR
Linda Gaiser - 111 Burbank Drive: Regarding noise from Jubilee Plaza
Chris Couell - 5304 Chestnut Ridge Road: Regarding the Fire Company’s letter to the Town Board concerning the scheduling of baseball diamonds. Jack Shanahan, the Recreation Director, stated that he would meet with the Fireman and try to work things out.
There being no more business before the Town Board, on motion by Councilman Buyer, seconded by Councilwoman Ackerman, the meeting was adjourned at 9:01 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk