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 15th day of September, 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
Samuel M. McCune Police Chief
Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
ABSENT: Joseph M. Campion Building Inspector
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the regular meetings of the Town Board, held on August 4, 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.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town of Orchard Park did receive and open bids for a “Plow Hitch Complete” on September 13, 1999, in the Supervisor’s Conference Room at 11:00 A.M. for the Highway Department
RESOLVED, that the Town Board does hereby award the bid for a “Plow Hitch Complete”, for the Highway Department, to Gator Equipment Company, P.O. Box 11, Java Center New York, 14082 in the amount of $15,977.00, they being the lowest possible bidder thereof, as recommended by the Highway Superintendent.
Old Business #2 Schedule Public Hearing for request by Steven Haas to rezone vacant land
3) 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 on October 20, 1999 at 8:00 P.M. (local time) regarding the request of Steve Haas to rezone vacant land, bordered by Southwestern Boulevard, Westgate Boulevard and Cherokee Drive, from R-3 to B-3, to build a gymnastics facility, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
Old Business #3 Schedule Bid Opening “Police Uniform Replacement Parts” on September 27, 1999
4) 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 Police Chief to advertise for bids for “Police Uniform Replacements Parts”, which will be opened on September 27, 1999 at 10:00 A.M., (local time), in the Supervisor’s Conference Room.
The resolution was unanimously adopted.
New Business #1 Proclamation for Chamber of Commerce Week
5 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Orchard Park Chamber of Commerce serves as a catalyst for cooperation and action within the Town of Orchard Park, and
WHEREAS, the Town of Orchard Park works in unison with the Orchard Park Chamber of Commerce to provide a vital link between the public and private sectors, and
WHEREAS, the Orchard Park Chamber of Commerce provides leadership to essential community –wide projects, programs and events, and
WHEREAS, building a vigorous economic future for this community, the Orchard Park Chamber of Commerce plays a vital role, and
WHEREAS, the Orchard Park Chamber of Commerce ably serves as one of the leading representatives for the Town of Orchard Park and the region on matters of interest before state and federal government bodies, and
WHEREAS, the image and reputation of the entire region are enhanced by the economic development and promotional efforts of the Orchard Park Chamber of Commerce and its many programs that benefit this area
Let it be resolved, that it is the official position of the Town of Orchard Park to cooperate with and encourage the efforts of the Orchard Park Chamber of Commerce and its many programs that benefit this area
NOW, THEREFORE, the Town of Orchard Park joins Governor Pataki, Assembly Commerce Committee Chairman Robin L. Schimminger, the New York State Legislature, The Business Council, the Chamber Alliance of New York State and scores of individual counties, cities and towns in declaring the week of September 19–25 as…...Orchard Park Chamber of Commerce Week
The resolution was unanimously adopted.
New Business #2 OP High School requesting to have their “Homecoming Parade” on October 2, 1999
6) 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 authorize the Orchard Park High School to have their Homecoming Day Parade on Saturday, October 2, 1999, which will begin at 12:00 P.M., at the Middle School and continue to the Freeman Road athletic field parking lot.
The resolution was unanimously adopted.
New Business #3 Board of Assessment Review Appointment
7) 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 appointment of Thomas Valentine, 35 Coventry Lane, to the Board of Assessment Review from October 1, 1999 to September 30, 2004, as requested by the Town Assessor.
The resolution was unanimously adopted.
New Business #4 Schedule Bid Opening “Speed Monitoring Trailer” to be opened on October 1, 1999
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 authorize the Police Chief to advertise for bids for a “Speed Monitoring Trailer” to be opened on October 11, 1999 at 10:00 A.M., (local time), in the Supervisor’s Conference Room. This bid will be in concert with the West Seneca Police Department.
The resolution was unanimously adopted.
New Business #5 Sprint Spectrum, LLP/Water Tank Lease Agreement
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the terms of the Sprint Spectrum, LLP/Orchard Park Water Tank Lease Agreement, dated 7/23/97, stipulate that consent must be obtained from the Town of Orchard Park for any additions or modifications to its telecommunications installation on the leased premises, and
WHEREAS, Sprint Spectrum would like to install upgraded cabinetry at the base of the facility
RESOLVED, that the Town Board does hereby approve the request of Sprint Spectrum to place two battery back-up cases at the base of the Water Tower behind the fenced area.
The resolution was unanimously adopted.
New Business #6 Schedule Public Hearing: 2000-2001 Community Development Block Grant
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, in order for the Town of Orchard Park to be eligible to participate in the Erie County Consortium Community Development Block Grant Program (CDBG), a Public Hearing is required for the project selection process, and
WHEREAS, the Engineering Department will prepare an informational packet, for the public hearing, which will describe the CDBG programs, a list of previous CDBG projects in Orchard Park and some suggested projects that may be eligible for funding this year,
RESOLVED, that the Town Board does hereby schedule a Public Hearing on the possible use of 2000-2001 Community Development Block Grant Funds for Wednesday, October 20, 1999 at 8:00 PM (local time).
The resolution was unanimously adopted.
New Business #7
Fall/ Winter 1999-2000 Staff Appointments for the Recreation Staff
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby appoint the following to the Fall/Winter 1999-2000 Recreation staff. All appointments are dependent upon applicant’s securing the required certifications, as recommended by the Recreation Department.
Andy Adelman 14 Eagle Heights Dir. $6.50
Gregory Campbell 169 Highland Ave. Grd. $5.50
Elizabeth Chelus 140 Hobby Lane Grd. $5.50
Laura McCann 93 Tanglewood Grd. $5.35
Brian Bonner 10 Fir Top Grd $5.50
The resolution was unanimously adopted.
12) 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 authorize the following budget transfer, as requested by the Chief of Police:
$ 600.00 From: A.3120.000.409
To: A.3120.000.449
The resolution was unanimously adopted.
Supervisor Cudney announced that Green Lake was treated today for the excess weeds and algae. The lake will be posted for 14 days and successive treatments will follow if needed. Supervisor Cudney then congratulated the Boys & Girls Club of Orchard Park for reaching their goal of raising $45,000.00 to match the grant that was received by them through the Erie County Community Development Block Grant funds.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Moratorium on PUD & Cluster Development expired on September 1, 1999, and
WHEREAS the Zoning Commission has recommended that the PUD & Cluster Development Moratorium be extended to February 1, 2000 to give them adequate time to finish up the study and make recommendations
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing on October 20, 1999 at 8:00 PM (local time) in the matter of the adoption of Local Law # 4-1999, titled “Planned Unit Development and Cluster Development Moratorium”, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
Councilman Mills stated that since the State of New York has allowed the Towns to enact a Local Law to appoint an alternate member to the Planning Board and the Zoning Board of Appeals, and since two regular board members, one on the Planning Board and one on the Zoning Board of Appeals, are not going to petition for reappointment at the end of this year, this would be an excellent time to make the appointments for the two Alternate positions. This will give the two men appointed tonight the opportunity to get their feet wet on these boards.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to appoint Remi C. Orffeo, 17 Ventura Drive, to the Alternate Position on the Zoning Board of Appeals for a three term commencing on September 20, 1999.
Councilman Mills said Mr. Orffeo served on the Town of Boston’s Zoning Board for 15 years, and was Chairman for 10 of those years. Since Orchard Park and Boston are similar communities, Mr. Orffeo would make a good addition to the Zoning Board of Appeals.
Supervisor Cudney stated that these appointments were brought to her attention just 10 minutes prior to the meeting, and although she was aware that Mr. Orffeo was a candidate for this position and has met him, she has not had the opportunity to review his resume or interview him for the position. The Supervisor had called Mr. Orffeo and set up a meeting for next week to interview him, she said that it was unfortunate that the Town Board would not give her the opportunity to meet Mr. Orffeo and make that judgement for herself prior to making this appointment. Therefore, though Supervisor Cudney has nothing against Mr. Orffeo, she will abstain from voting as she has not had the opportunity to interview Mr. Orffeo or review his qualifications.
Councilman Mills said that he received a letter from Mr. Orffeo on March 12, 1999 and as senior Town Board member he thought it be appropriate to take the leadership in getting these positions filled as the Supervisor has asked the Board to wait until the first of the year. He felt that it was in the best interest of the residents of this town to have these people on board and he was tired of waiting to fill these positions.
Councilman Buyer stated that Mr. Orffeo is currently on the Board of Assessment Review.
Supervisor Cudney Abstain
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman McCarville Aye
The resolution was duly adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to appoint Paul F. Gregory, 5753 Lake Avenue, to the Alternate Position on the Planning Board for a three year term commencing on September 20, 1999.
The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to appoint William J. McNamara Jr., 141 Stonehenge Drive, to the vacant seat on the Zoning Commission for term of the commission.
Supervisor Cudney said she would be abstaining from this vote as she has not had the opportunity to meet with Mr. McNamara and review his qualifications. She did receive a letter of interest, but has not received a resume. Supervisor Cudney said she was disappointed that the Town Board is not seeking a broader pool of applicants for these positions.
Councilman McCarville said that Councilman Mills wanted to run these resolutions a month ago, and they had talked about waiting, but he felt that there are qualified people who want to serve and we need to move on it.
Supervisor Cudney Abstain
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman McCarville Aye
The resolution was duly adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE
RESOLVED, that the Town Board is hereby authorized to appoint Daniel R. Bray, 86 Bridle Path, to the Recreation Commission to fill the vacancy left by Murray Franklin’s resignation, effective immediately.
Councilman Buyer stated that Mr. Bray, who was interviewed three or four years ago by the Town Board, has a Masters Degree in Gerontology was part of the Recreation Department several years ago.
Supervisor Cudney stated that she has seen Mr. Bray’s resume, and was impressed, but she has not had the opportunity to interview Mr. Bray and will therefore abstain.
Supervisor Cudney Abstain
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman McCarville Aye
The resolution was duly adopted.
18) 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 # 18, following auditing by members of the Town Board and in the funds indicated:
$247,370.26 General Fund
$ 236.42 Part Town Fund
$ 839.34 Risk Retention
$ 46,027.48 Highway Fund
$195,542.03 Special District Fund
$ 56,927.36 Capital Fund
The resolution was unanimously adopted.
19) 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 Communications:
1) Erie Co. Executive Dennis Gorski and M & T Bank CEO Robert G. Wilmers invite your company to participate in an Erie Co. Year 2000 Community Forum on September 27, 1999 from 1:00 PM to 4:00 PM at Studio Arena Theatre 2) Erie County Water Authority sent the Laboratory Report for Compliance Monitoring for 1999, submitted by Eastern Laboratory Services, Ltd.
The resolution was unanimously adopted.
20) 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 receive and file the following reports: 1) Chief of Police’s Monthly Report for August 1999. 2) Building Inspector’s Monthly Report and Building Permits for August 1999.
The resolution was unanimously adopted.
Tom Whelan- Webber Court: wanted to know why the Public Hearings were all scheduled for the same time.
He also asked how many resumes were looked at prior to the appointments this evening.
Debbie Penn-7273 Michael Road: said that the PUD & Cluster Moratorium has stretched out over a year now, if it wasn’t needed over that period of time, is it necessary at all?
There being no more business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman McCarville, the meeting was adjourned at 8:45 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk