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 November, 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
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
ABSENT: Samuel McCune Chief of Police
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the application for $65,000 in 2000-2001 CDGB Funds for California Lake Ditch Rehabilitation Project as the Town’s first priority, as recommended by the Town Engineer.
The resolution was unanimously adopted.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the application for $90,000.00 in 2000-2001 CDGB Funds for the Phases 5 & 6 of the Quaker Centre Industrial Park Project as the Town’s second priority, as recommended by the Town Engineer.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to cosign, along with eleven other towns and seven villages in the southern Erie County, the application for $90,000.00 in 2000-2001 CDGB Funds for the Rural Transit Service Program, as recommended by the Town Engineer.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby declare that the Town of Orchard Park supports the Village of Orchard Park in its application for $90,000.00 in 2000-2001 CDGB Funds for the proposed property acquisition and building demolition at 42 Linwood Avenue which would allow for the expansion of the municipal parking lot adjacent to the Orchard Park Senior Center, and that certified copies of this resolution shall be sent to the Orchard Park Village Board and the Erie County Department of Planning, requested by the Village Mayor.
The resolution was unanimously adopted.
Old Business #2 Authorize final payment for concrete installation on Summit Avenue Project
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, a final inspection was conducted of the Installation of Concrete Gutters for the Summit Avenue Reconstruction Project on November 1, 1999, and all work has been satisfactorily completed in accordance with the contract and the Town is in receipt of the required two year maintenance bond, payroll certifications and M/WBE utilization forms from our contractor, and
WHEREAS, the Over/Under Tabulation for this project showing the final quantity used in construction for each bid item in the contract and the final quantities adjustment results in a net decrease in project costs of $837.62, thus the final contract amount will be $53,155.22 which is 1.5% less than the original bid amount
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve the Final Change Order on the contract with Aragona Construction Corporation for the Installation of Concrete Gutters for the Summit Avenue Reconstruction Project in the amount of a decrease of $837.62, and be it further
RESOLVED, that the Town Board does hereby authorize final payment and release of retention on the contract with Aragona Construction Corporation for the Installation of Concrete Gutters for the Summit Avenue Reconstruction Project in the amount of $2,671.23.
The resolution was unanimously adopted.
Old Business #3 Steve Haas, vacant land bordered by Southwestern & Westgate Blvds. & Cherokee
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, Steve Haas and Raymond Dusza have submitted a petition seeking to rezone a portion of land on Westgate Boulevard and Cherokee Drive presently zoned R-3 to B-3; and
WHEREAS, Raymond Dusza, in a prior petition before this board, within the past three (3) years, requested to rezone the same property from a business zone to R-3; and
WHEREAS, a public hearing was held in this matter on October 20, 1999; and
WHEREAS, the Erie County Department of Planning, pursuant to §239 (M) of the General Municipal Law, made no recommendation in connection with this matter; and
WHEREAS, the Town Board of the Town of Orchard Park, after due deliberations, finds that it is not in the best interests for the Town of Orchard Park to grant the petition of Steve Haas and Raymond Dusza;
NOW, THEREFORE, the Town Board of the Town of Orchard Park hereby denies the request of Steve Haas and Raymond Dusza to rezone the vacant land referred to above from R-3 to B-3 for the following reasons:
§ The proposed amendment to the zoning ordinance is inconsistent with the comprehensive plan of the Town of Orchard Park.
§ The petitioner previously requested the current zoning of R-3 and, accordingly, any hardship is self-created by the petitioner, Raymond Dusza.
§ Adjacent neighbors purchased property since rezoning R-3, relying upon the R-3 zoning in purchasing residential property adjacent to the subject premises.
§ Petitioners have indicated that there have been offers to purchase the premises but that they could not agree upon a purchase price and, accordingly, it is apparent that the premises can be utilized pursuant to the current residential zoning.
§ The impact of additional business traffic on the adjacent residential neighborhood may be adverse.
The resolution was unanimously adopted.
New Business #1 Appoint Robert J. Stasio as Fire Inspector
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the appointment of Robert J. Stasio as Part Time Fire Inspector, effective October 28, 1999, at the Range 009, Step A, White Collar Union Scale @ $15.39 an hour, hours are limited by the budgeted amount of $10,000.00 pending Jurisdictional Classification approval by Erie County Civil Service for the position.
The resolution was unanimously adopted.
New Business # 2 Inter-municipal Contract between the Town and Village of Orchard Park
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town of Orchard Park, the Village of Orchard Park, and the Economic Development Committee on the 3rd day of November, 1999, hereby agree as follows:
1. The Town of Orchard Park shall contribute to the Economic Development Committee the sum of $10,000.00 annually.
2. The Economic Development Committee shall make the Committee available as the initial contact to be made by outside parties seeking to bring economic development in to the Town and Village of Orchard Park.
3. The Economic Development Committee shall act as an advisor to the Town and Village Boards on matters pertaining to economic development including making suggestions on changes that could improve the business climate and attract high-quality, low negative impact businesses.
4. The Economic Development Committee shall act as a facilitator to assist companies, groups, and individuals interested in bringing business to the Village and Town of Orchard Park.
5. The Economic Development Committee shall maintain communications with the Town and Village Boards with regard to incoming business interests so as to gain maximum facilitation and minimize controversial proposals.
6. The Economic Development Committee shall communicate and work with the Town and Village Planning Boards, Town Engineering Department, Town Planning Coordinator, the County of Erie, Chambers of Commerce, Industrial Development Agencies and any other units of government or organizations that may be involved in development matters affecting the Town or Village of Orchard Park.
7. The Economic Development Committee shall meet with area Realtors on an annual basis or more often as deemed appropriate by the Committee for an update by Realtors of their inventory of available commercial property in the Town and Village of Orchard Park.
8. The Economic Development Committee, when requested, shall work with the Town Grant Writer to actively pursue development grants for the Town and Village and other funding that can be used to enhance economic development.
9. The Economic Development Committee, when requested, shall work with developers at Sterling Park, Quaker Centre, Southtowns Business Center and Industrial/Business Developers having property along Route 219 in attracting light industrial growth to these areas.
WHEREAS, the Town of Orchard Park and the Village of Orchard Park believe that the Orchard Park Economic Development Committee is a critical factor in the future economic development of the Village and Town of Orchard Park; and
WHEREAS, the Town of Orchard Park and the Village of Orchard Park wish to enter into an agreement whereby the Town of Orchard Park and the Village of Orchard Park will jointly support the Economic Development Committee:
NOW, THEREFORE, it is hereby agreed as follows:
1. The Economic Development Committee shall be comprised of six (6) members. The Town Board shall appoint four (4) members, the Village Board shall appoint one (1) member and the Economic Development Committee shall appoint one (1) member;
2. The Town of Orchard Park shall contribute, annually, the sum of $10,000.00 to the Economic Development Committee; and
3. The Village shall supply secretarial and clerical services for the Economic Development Committee.
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Intermunicipal Agreements between the Town of Orchard Park and the Village of Orchard Park and Orchard Park Economic Development Committee, which 1) provides for the manner in which the Orchard Park Economic Development Committee will be created and 2) provides for the sevices to be rendered by the Orchard Park Development Committee, as recommended by the Town Attorney.
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 authorize to refer to the Planning Board and the Conservation Board: 1) Carl Hasselback, Sr., 4956 and 4968 Chestnut Ridge Road, requesting a Special Exception Use permit to develop an automobile/service convenience store, and 2) Leonard Gurevich, MD, 15 Sterling Drive, requesting a building permit to develop a 10,300 square foot medical office building and ambulatory surgical center, and 3) DeMarco-Sahlem, 3670 S. Benzing Road, requesting a building permit to develop a 31,500 square foot tenant building along with approximately a 31,500 warehouse, and 4) West Seneca Rotary Foundation Golf Course, requesting the initiation of the Site Plan review process.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town’s various Senior Citizens Center activity programs have generated revenues from activity fees which were not included in the Town’s 1999 adopted budget, and
WHEREAS, the Town wishes to allow additional activities to occur for the benefit and well being of the Town’s senior citizens, and
WHEREAS, the funding for these additional activities has already been raised through activity fees charged for such programs,
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the 1999 adopted budget to authorize additional appropriations of $8,000 in account A7610.410 “Activity Center Operation Expenses” and to estimate additional revenues of $8,000 in account A2036.000 “Senior Activity Fees”.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town now has a part time Fire Inspection Code Enforcement Officer on the payroll,
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the following budget transfer in the Building Inspector’s Department, as recommended by Wayne Drescher of the Town’s Accounting Firm, Deloitte & Touche:
$10,000.00 From: B.3620.000.476 (Cont. Fire Inspect/Code Enf.)
To: B.3620.000.110 (Fire Inspect/code Enf. P/T)
The resolution was unanimously adopted.
Supervisor Cudney announced that on November 11, 1999 the VFW and American Legion will conduct ceremonies in Veteran’s Park at 11:00 A.M. The American Legion has asked all Fire Companies to sound their sirens and all Churches to ring their bells at the 11th hour of the 11th day of the 11th month in honor of America’s Veterans.
Supervisor Cudney received notification from County Executive Gorski in response to a request from the Supervisor, that he has included $500,000 in Planned Economic Development Funding from Erie County for the Quaker Centre Industrial Park Cobham Drive Extension in the 1999 Budget. Supervisor Cudney also received notification from NYSDOT that the Town’s preliminary application for industrial access project funding for additional monies for Cobham Drive has been approved and the Town will proceed with the final application for funding.
Supervisor Cudney stated that a response to letters from the Town and the Ellicott Road Taxpayers Group requesting a review of the traffic and speed concerns on Ellicott Road has been received. New York State’s response is that currently they are conducting a traffic engineering study and at the conclusion of the investigation they will inform the Town of their findings and recommendations.
Supervisor Cudney mentioned the announcement from Orchard Park School Superintendent Stoddart that a Tri-Board Meeting has been scheduled for December 2, 1999 at 7:00 P.M. in the District Office Conference room located at 3030 Baker Road.
Supervisor Cudney congratulated the winners of the Town election: Councilman Buyer, Councilwoman Ackerman and special compliments to the Town Clerk for not only winning her race, but for running a very fine Election Day.
Councilman Mills congratulated Town Judge Curran for his re-election and Town Attorney Berkowitz for his election to serve on the Erie County Bar Association as Chairman of the Ethics Committee.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following resident appointment to the Fall/Winter Staff, upon applicant securing the required certification, as recommended by the Recreation Director:
Lisa Jolls 6362 Armor Road Director $6.50/hr
The resolution was unanimously adopted.
Councilman Buyer stated that there is a parking issue resulting from St. John Vianney Church that directly affects Cherokee Drive and he has contacted the chairman of the Public Safety Committee to check into this situation.
Councilman McCarville voiced his congratulations to the Election winners, adding one more to newly engaged Joe Iannarelli, reporter for the Bee Newspaper.
Councilman McCarville reported that with the help of Councilwoman Ackerman, the United Way should be completed in the near future.
The Town Engineer commented that the Summit Avenue Reconstruction is essentially completed with the grading and seeding to be finished in the spring of next year. The Town Engineer complimented the Highway Superintendent and his department for a wonderful job on this and previous projects.
13) 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 # 21, following auditing by members of the Town Board and in the funds indicated:
$ 81,242.47 General Fund
$ 3,440.83 Part Town Fund
$ 1,799.88 Risk Retention
$ 30,983.58 Highway Fund
$ 33,033.23 Special District Fund
$ 5,651.48 Trust & Agency
$ 9,755.30 Capital Fund
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, 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: 1) Empire State Economic Development Fund General Development Financing Capital Grant Project in the Town of Orchard Park. In accordance with Section 16(2) of the New York State Urban Development Corporation Act (Chapter 174 of the Laws of 1968), as amended, the plan and findings are filed in the Town Clerk’s Office.
Supervisor Cudney added this grant is for Enidine Inc. located in the Quaker Centre Industrial Park and there will be a Public Hearing on November 10, 1999 at 11:00 A.M. in the Municipal Building in the lobby conference room regarding this Capital Grant Project.
The resolution was unanimously adopted.
There being no more business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 9:58 P.M. in honor and memory of the Veterans of Orchard Park and a special adjournment at the request of Councilwoman Ackerman in memory of Frank Anderson.
Respectfully Submitted
Janis A. Colarusso
Town Clerk