A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 19th day of April, 2000 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
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Michael R. Merritt Town Engineer
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
ABSENT: Steven P. McCarville Councilman
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the minutes of the Town Board meeting held on April 5, 2000, 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 Orchard Park & Gardens requesting a Building Permit for outside display
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that this Town Board does hereby approve the request from Orchard Park & Gardens to erect a temporary outside display structure between May 1, 2000 and September 15, 2000. The Planning Board, 4/12/00, recommends approval of this request and the site plan with the following stipulations.
§ This is a Type II SEQR Action and a Negative Declaration is made.
§ There will be no additional outside lighting for the display or temporary structure.
§ There will be no banners or additional signage for this facility.
The resolution was unanimously adopted.
New Business #1 & 2 Requests to use Green Lake/Yates Park for their Annual Picnic
3) 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 approve the request from the Orchard Park Cooperative Nursery School to hold their annual picnic at Green Lake/Yates Park on May 30th, 2000 from 10:30 AM to 1:00 PM, with a rain date of May 31st , and be it further
RESOLVED, to approve the request from St. John’s Christian Preschool to hold their annual “end of the year” picnic at Green Lake/Yates Park on May 26th from 9:30 AM to 3:30 PM.
The resolution was unanimously adopted.
At this time Councilman Buyer stated that Mr. Shanahan is retiring as a teacher from the West Seneca School System and in order for him to combine his retirement from West Seneca and the Town of Orchard Park, he needs to resign his position of Recreation Director for the Town of Orchard Park, and then needs to be rehired. Therefore, it is necessary for the Town Board to offer the following resolutions.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the temporary resignation of Recreation Director, John J. Shanahan, as recommended by New York State Retirement System, effective April 10, 2000 as the first day of retirement, as recommended by New York State Retirement System.
The resolution was unanimously adopted.
5) 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 approve the reappointment of John J. Shanahan as Recreation Director, effective at the beginning of the work day on April 12, 2000.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the office of the Municipal Clerk, a time honored and vital part of the local government exists throughout the world, and
WHEREAS, the office of the Municipal Clerk is the oldest among public servants, and
WHEREAS, the office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and
WHEREAS, the Municipal Clerk is the information center of functions of local government and community, and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations, and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk
RESOLVED, that this Town Board does hereby recognize the week of April 30 through May 6, 2000 as Municipal Clerks Week and further extend appreciation to our Town Clerk Janis Colarusso and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Collective Bargaining Agreement with the Town of Orchard Park and the CSEA Local 1000 AFSCME, AFL-CIO, Blue Collar Unit #6765, Local 815.
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, funds have been allocated in the 2000 budget for a seasonal employee in the Sewer & Water Department, and
WHEREAS, the Engineering Department has interviewed an individual who has worked for the Department in 1998 & 1999, and this individual has proven to be an excellent worker and a valuable addition to the work force
RESOLVED, that the Town Board does hereby appoint Mr. James Putnam, 3770 North Buffalo Road, Orchard Park New York, to a seasonal position in the Sewer & Water Department for a fourteen week period beginning May 15, 2000 at a wage rate of $7.00 an hour.
The resolution was unanimously adopted.
New Business #8 Installation of decorative street light fixtures on Rock Dove Lane
10) 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 & Gas Corporation for the installation of decorative street light fixtures on Rock Dove Lane in the Birdsong Subdivision, and
WHEREAS, the 50 watt H.P.S. luminaires, which are owned and maintained by NYSEG, would be placed on top of the 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
WHEREAS, the proposal is for eight fixtures to be installed at an annual charge of $114.76 each for a total of $ 918.08, and
WHEREAS, there are presently four homes occupied and one under construction on Rock Dove Lane, and under the Town’s current policy, lights would not be normally installed until 4 more homes were under construction, but it has been requested by the property owners on Rock Dove Lane to have the lighting installed
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize NYSEG to install eight (8) 50 watt high pressure sodium decorative light fixtures on Rock Dove Lane at a cost of an annual increase to the Consolidated Light District of $918.08 in accordance with their proposal dated April 11, 2000, as recommended by the Town Engineer.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Public Improvement Permit for the Summit at Scherff, Phase 3 was approved at the April 5, 2000 meeting, and
WHEREAS, construction will be starting soon and the Engineering Department does not have staff available to inspect the work at the current time, and
WHEREAS, a proposal has been received from R & D Engineering to provide the services of Mr. Phillip Fintak at the hourly rate of $43.00 which includes the consultant’s salary, overhead, profit and expenses associated with the project, and
WHEREAS, the developer has paid the Town a total of $13,750 in inspections fees for this project which should be sufficient to cover the cost of the consultant,
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an Agreement with R&D Engineering, PC, 268 Main Street, Suite 600, Buffalo New York, to provide construction inspection services under PIP #2000-01 for the Summit at Scherff Subdivision, Phase 3 at the billing rate of $43.00 an hour, as recommended by the Town Engineer.
Before the vote was taken the Town Engineer stated that with four subdivisions under construction and the department being short staffed, a consultant needs to be hired for this project.
The resolution was unanimously adopted.
New Business #10 Town Clerk to attend Annual NYS Seminar, April 29th through May 3rd
12) 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 Town Clerk to attend the annual New York State Town Clerk’s Association Seminar in Saratoga Springs, New York, from April 29th to May 3rd, at Town expense.
The resolution was unanimously adopted.
New Business #11 Hillcrest Fire Company requests to erect a temporary sign, April to August
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from Hillcrest Volunteer Fire Company, 7125 Ellicott Road to erect a temporary sign to advertise the availability of their grove facilities. This sign will be erected each year from April 1st to August 31st, in accordance with §144-40 C of the Town Code of Ordinances.
Before the vote was taken Supervisor Cudney stated the sign will read “Grove Rentals” 662-4214.
The resolution was unanimously adopted.
New Business #11 Jim Ball Pontiac requesting Special Exception Use, refer to Planning Board
14) 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 refer to the Planning Board and Conservation Board the request from Jim Ball Pontiac, Buick & GMC, 3475 Southwestern Blvd., Orchard Park New York, for a Special Exception Use Permit to rezone property located at the corner of Southwestern Blvd. and Hart Street, from B-2 to B-2 Special Exception Use.
The resolution was unanimously adopted.
15) 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 following budget transfer, as recommended by the Supervisor:
$ 397.00 From: A.1220.419 (other expenses)
To: A.1220.413 (travel & conference).
Supervisor Cudney stated that the Travel & Conference budget line normally covers the expenses of the Supervisor, but the Supervisor’s Accounting Clerk needed to attend the Annual Conference in New York City to receive special training on financial reports and this will help to cover those expenses.
The resolution was unanimously adopted.
Supervisor Cudney said that a letter was received from Daniel J. Rider, Deputy Commissioner of Highways for the County informing the Town Board that residents of Behm Road have requested a reduction of the speed limit on Behm Road. This road is in both Orchard Park and the Town of Aurora. When the Town receives the proper paper work from the Town of Aurora (Behm Road being in the Town of Aurora also) it will consider submitting a request to the New York State Department of Transportation to study the speed limit on Behm Road.
Supervisor Cudney stated Green Lake is scheduled for herbicides and algaecides treatments by Aqua Tech Environmental, Inc., on April 26th. In preparation for the treatment, Green Lake will have the water drawn down on April 25th, and signs will be posted all around the lake. Supervisor Cudney announced that the Orchard Park Fire Company will be involved in a District Fire Drill on April 24th that will take place on California Road between Rt. 20A and Duerr Roads. The road will be closed off to regular traffic during the time of the drill, which is 7:00PM to 9:00PM. Supervisor Cudney said that a report was received from the Census Bureau stating that Orchard Park has reached it’s projected target response rate of 83% and the door-to-door follow up has not taken place yet.
Councilman Mills stated that at the last Southtowns Sewer Treatment Agency meeting, a representative of Stueben Foods said they are purchasing new equipment and expanding the production lines in the Elma plant. This will increase the number of jobs at the plant. Stueben Foods has agreed to have the members of the Sewer Treatment Agency tour the plant sometime during the summer to review the new equipment and to monitor the flow of waste product that will be put into the sewer lines to make sure the waste is being handled properly.
Councilwoman Ackerman attended a meeting on 3/28/00 regarding the Town’s Organic Recycling Center. Previously, the State had indicated it might not be able to give the Town a permit for this project as the State felt the Comprehensive Recycling Analysis for the County of Erie had not been completed successfully. She also stated at the end of the meeting, it was determined that as long as the County was going to be working towards completion, there would not be any problem with continuing the project permit applications. Councilwoman Ackerman requested letters to that effect be written so the Town would have this understanding in writing. She has received letters from Lawrence Rubin, Department of Environment & Planning, and from Mark Hans, Regional Solid Materials Engineer from the NYSDEC, both of these letters acknowledge that when we submit our Part 360 permit application, it will be processed by New York State, and the funding should then follow.
Police Chief McCune said that the New York State Department of Transportation will be posting signs on Route 20A, near Baker Road, as requested by Town Board resolution, to prohibit parking along that section of the road.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #8, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 62,315.09 |
|
Part Town Fund |
$ 1,005.66 |
|
Highway Fund |
$ 14,068.37 |
|
Special Districts |
$ 97,051.86 |
|
Trust & Agency |
$ 6,069.05 |
|
Capital Fund |
$ 76,925.67 |
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, 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: Erie County Industrial Development Agency 2000 B&G Properties L.L.C. Project.
The resolution was unanimously adopted.
RESOLVED, that the Town Board is hereby authorize to receive and file the following Reports as entered on the agenda: 1) Police Departments Monthly Report for March, 2000 and 2) Building Inspectors Monthly Report for February 2000.
The resolution was unanimously adopted.
George Khangie, 4906 South Buffalo Street: requested that the Town Board hold the scoping session for the Armor Road gas station in the evening so more people may attend. The Town Board explained the scoping session objectives and let Mr. Khangie know he may have his concerns addressed by sending the Town Board a letter to be included in the session. The Town Board also let Mr. Khangie know that there will be Public Hearings held regarding this project, where the residents will be able to express their concerns and these Public Hearings will be held during evening hours.
Hank Jarocha, 5409 Chestnut Ridge Road: said he does not feel that the general public understands the State Environmental Quality Review process used to evaluate the impact of a project on the community. He thought the Town Board could place a short article in the paper outlining the procedure and thereby eliminating a lot of the fears that people have about the Armor Road gas station project. Mr. Jarocha requested the speed monitor be placed on Chestnut Ridge Road, as people are using this route, as an alternate route, to go around the construction at the Rt. 219 and Armor Road intersection.
There being no more business before the Town Board, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:40 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk