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 2nd day of August 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
Steven P. McCarville Councilman
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
Absent: Ronald A. Geitter Superintendent of Highways
Before the Public Hearing took place a special presentation was made by the Orchard Park Soccer Club.
Councilman Buyer recognized the following individuals: Tom Furlani, President of the Orchard Park Soccer Club, along with Ed Rider, Gerard Cappelli, Ray Pawlak, and Recreation Commission Chair Jane Bartlett. At this time, Mr. Furlani, along with his children Hannah, Alex, Nick and Emily Rider, presented a framed travel jersey, to the Town Board to thank them for their tremendous contribution and support on behalf of the Soccer Club.
Public Hearing
At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties, for or against the matter of the proposed Special Exception Use, for vacant land at the corner of Southwestern Blvd. and Hart Place, zoned B-2, to construct a 3,000 square-foot sales office with a two-bay washing facility, as petitioned by Jim Ball Pontiac.
A complete metes and bounds description of this property is on file in the Town Clerk’s Office for on site inspection during regular business hours. At such time all interested persons will be given an opportunity to be heard.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
Comments from the floor:
Mark Musschio, Architect for Jim Ball Pontiac: Mr. Musschio spoke on behalf of Mr. Ball and stated that the design meets all the requirements.
Leon Jaeger, 55 Hart Place: He submitted a letter to the Planning Board suggesting and requesting plants for a berm.
Sue Wiencek, 6344 Milestrip Road: Ms. Wiencek is representing the Hart Place residents. She stated that they are not happy about the aspect of more traffic, parking and ruts on their property.
Sean Hanley, 66 Coventry Lane: Mr. Hanley owns the property being bought and supports the proposal.
Chris Preau, 100 Hart Place: She asked about property next to Jim Ball Pontiac where she resides.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE , TO WIT:
RESOLVED, that the Public Hearing in the matter of the proposed Special Exception Use for vacant land at the corner of Southwestern Blvd., and Hart Place, Zoned B-2, to construct a 3,000 square-foot sales office with a two-bay washing facility, as petitioned by Jim Ball Pontiac, is hereby closed at 8:26 PM (local time).
The resolution was unanimously adopted.
At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the matter of the proposed Special Exception Use at 19 Cobblestone Court, Zoned R-1, for the purpose to construct a tennis court, as petitioned by Patrick Callahan.
A complete metes and bounds description of this property together with a surveyor’s map is on file in the Town Clerk’s Office for on site inspection during regular business hours. At such time all interested persons will be given an opportunity to be heard.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
Comments from the floor:
Norman Ernst, 21 Greenwood: Mr. Ernst wants to be sure that there is no lighting.
Katherine Sweet, 4 Red Brick Road: Ms. Sweet is opposed to bright lights.
John Taylor, 15 Cobblestone Court: He is concerned with drainage and flooding of his property.
Ken Gaines, 11 Cobblestone Court: Ken was concerned with traffic, noise, drainage, health, safety and devaluation of property. Mr. Gaines also explained that the residents had to sign deed restrictions when they purchased the properties years ago.
At this time Councilman Buyer asked the Town Attorney if the deed restrictions would be applicable to this situation. The Town Attorney stated that they are not applicable to Town approval.
Mike McGrath, 16 Cobblestone Court: Opposed to the zoning change.
Jacqueline and Richard Doll, 8 Cobblestone Court: Opposed to the zoning change.
Jack and Carol McGinness, 4 Cobblestone Court: They submitted a letter opposing the project.
Mike Jaeger, 12 Cobblestone Court: Opposed to the zoning change.
Bill Heichberger, Cobblestone Court: Opposed to the zoning change.
3) 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 reschedule a Public Hearing for Local Law #4-2000, Town Right of Way Landscaping Ordinance for September 6, 2000 at 8:00 P.M.(local time), and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, Clark Patterson Associates have prepared the final plans, specifications and contract documents for the Orchard Park Library Roof Replacement, and
WHEREAS, the Town is replacing the 30 year old asphalt shingle portion of the Library roof with the new vented deck system, plus replacing the existing frieze board with a vented system, which will provide air circulation for heat lost through the walls and unventilated attic space in an attempt to eliminate the problems that the building has experienced with icing, and also replace all of the rain gutters and downspouts along with repairing of concrete and repointing of the masonry at a number of locations along the exterior walls in an effort to eliminate water seepage into the building, and
WHEREAS, with the additional work authorized by the Town Board, the cost estimate for this project far exceeds the amount currently allocated in the Capital Reserve Fund, therefore, a transfer will have to made prior to awarding the bid, and the Engineering department has approved the construction drawings
RESOLVED, that the Town Board does hereby authorize the advertisement for bids for the Orchard Park Public Library Roof Replacement Project to be opened at 11:00 AM on August 22, 2000 in the Supervisor’s conference room, as recommended by the Town Engineer.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board has made a preliminary commitment to the Town Recreation Commission and Orchard Park Soccer Club to construct two soccer fields next year at the east end of the former Warning property on Milestrip Road and that this will be the first phase of a larger recreation complex with several additional fields of play that may be used for other organized sports activities such as football and lacrosse, and
WHEREAS, this proposed recreational use represents a significant change to the previously publicized intended use of the property and will result in different impacts on the surrounding neighborhood than the proposed composting operation, and
WHEREAS, both uses will be situated on a single parcel with a common entrance roadway, the environmental impacts of each project should be considered together
RESOLVED, that the Town Board does hereby seek Lead Agency Status under the State Environmental Quality Review Act for the proposed Yard Waste Reclamation Center and Recreation Area on Milestrip Road, as recommended by the Town Engineer.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has been notified by the New York State Department of Transportation (NYSDOT) that its application for financial assistance through the Industrial Access Program for Quaker Centre Industrial Park, Phases 5 & 6 has been approved, and
WHEREAS, the NYSDOT has awarded the Town, under its Industrial Access Program, a combined grant and loan in the amount of $951,500.00, and
WHEREAS, these monies can be used only for future costs associated with the construction of the roadway portion of the project, and
WHEREAS, the grant portion of the funding will be for 60% of the actual audited amount expended while the 40% loan portion will be repaid over a five year period, at no interest
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Agreement with the New York State Department of Transportation for the Industrial Access Program Grant in the amount of $951,500.00 for the Quaker Centre Industrial Park Project, Phases 5 & 6, as recommended by the Town Engineer.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the County of Erie has awarded the Town an economic development grant in the amount of $500,000 for the above referenced project, and
WHEREAS, the grant monies will be used for the installation of public waterlines and sanitary sewers, the Centre Drive/Rte. 20A intersection improvements, previously paid and future engineering, legal and administrative expenses, and reimbursement for in-kind services
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Agreement with the County of Erie for an Economic Development Grant in the amount of $500,000 for the Quaker Centre Industrial Park Project, Phases 5 & 6, as recommended by the Town Engineer.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, the Town Board does hereby authorize and direct the Supervisor to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 of Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $45,300, and be it further
RESOLVED, upon approval of said request to enter into and execute a Project Agreement with the State for such financial assistance to the Town of Orchard Park to support, in part, the construction of an active/passive, all-season, outdoor recreation area consisting of nature trails, bridges, boardwalks and elevated pathways through the development of Birdsong Park in the Birdsong Estates Subdivision in the southwestern quadrant of the town, and be it further
RESOLVED, that the Town of Orchard Park will contribute $92,540 in cash and in-kind goods and services to the Birdsong Park development project.
The resolution was unanimously adopted.
New Business # 6 Authorize the Supervisor to file for a grant for Green Lake Dam/Yates Park
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the Town Board does hereby authorize and direct the Supervisor to file an Application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 of Title 3 of the Clean/Water Air Bond Act, in an amount not to exceed $207,000, and be it further
RESOLVED, upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Orchard Park to support, in part, renovations, as outlined in New York State Department of Environmental Conservation’s Guidelines for Design of Dams, to Green Lake Dam in the Municipally-owned and maintained Yates Park, and be it further
RESOLVED, that the Town of Orchard Park will contribute $207,000 in cash and in-kind goods and services to the Green Lake Dam Renovation project.
The resolution was unanimously adopted.
New Business # 7 Authorize the Supervisor to file for a grant for Town Playgrounds
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, the Town Board does hereby authorize and direct the Supervisor to file an Application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, in an amount not to exceed $30,000, and be it further
RESOLVED, upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Orchard Park that will enable the Town to purchase handicapped-accessible playground equipment for the Municipally-owned and maintained Burmon, Honeycrest and Orchard Park Meadow Playgrounds, and be it further
RESOLVED, that the Town of Orchard Park will contribute $30,000 in cash and in-kind goods and services to the Town’s playground development.
The resolution was unanimously adopted.
New Business # 8 Authorize the Supervisor to file for a grant for renovations to Green Lake Dam
11) 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 authorize and direct the Supervisor to submit an Application to the New York State Department of Environmental Conservation (NYSDEC), Dam Safety Projects requesting $300,000 to support, in part, renovations to Green Lake Dam as outlined in NYSDEC’s Guidelines for Design of Dams, and be it further
RESOLVED, that the Town of Orchard Park will contribute $114,000 in cash and in-kind goods and services to the completion of the Green Lake Dam Renovation Project.
The resolution was unanimously adopted.
New Business # 9 Authorize the Supervisor to file for a grant for California/Lake Road Drainage
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, the Town Board does hereby authorize and direct the Supervisor to submit an Application to the New York State Department of Environmental Conservation (NYSDEC), Flood Control Projects requesting $55,000 to establish, in part, an effective drainage system in the Town’s California Road-Lake Avenue area, and be it further
RESOLVED, that the Town of Orchard Park will contribute $55,000 in cash and in-kind goods and services to the proposed flood control project.
The resolution was unanimously adopted.
New Business # 10 Authorize the Supervisor to file for a grant for bulletproof vests
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has been notified that the request for the grant for individual body armor from the Federal Office of Justice Programs, which is the same as the grant received in 1999, and
WHEREAS, the grant pays 50% of the cost for Bulletproof Vests and as the Police Department was able to outfit a portion of policemen with last years $3,000 grant, and
WHEREAS, the allotment for this year is $5,944.67, which will update the rest of the officers needing new vests
RESOLVED, that the Town Board does hereby accept the Grant and the Town of Orchard Park will contribute $5,944.67 in cash and in-kind goods and services toward the vests.
The resolution was unanimously adopted.
14) 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 authorize the appointment of Patrick Fitzgerald to full-time, provisional Public Safety Dispatcher, white collar union grade 3, step 1, pending meeting the qualifications of the Civil Service exam, effective August 2, 2000, as recommended by the Police Chief.
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 request of A. Terrance Campbell, Town Assessor, to attend the Annual Meeting and Seminar on Assessment Administration in Rochester, New York from September 24 through September 27, 2000, as provided in the budget.
Supervisor Cudney stated that the Recreation Department will be finishing the summer programs on Friday, August 18, 2000, but Green Lake/Yates Park will remain open. The Recreation department will revert back to their fall/winter hours on August 21, 2000, those being 1:00 PM to 5 PM. Supervisor Cudney stated that the Town received petitions in protest on rezoning from B-2 to B-3 in the Armor Duells Road and Chestnut Ridge Road area and they will be filed with the Town Clerk. Supervisor Cudney mentioned that during Quaker Days the Town Consultants, Wendel Dushscherer, conducted 111 surveys to assist them in compiling their master plan goals and recommendations. Supervisor Cudney thanked intern Jessica Becker, for her efforts in the surveys.
Councilman Mills stated that at the next Town Board Meeting, (8/16/00) a decision will be made on some of the proposed zoning changes.
16) 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 approve the following appointments to the 2000 Spring/Summer Recreation Staff and the appointments are dependent upon the applicants providing necessary certifications, as recommended by the Recreation Director.
Sara Wiencek 6344 Milestrip Rd. Sub/Grd. $5.75
Denise Jewell 8 Thomaston Lane Sub/Grd. $5.95
The resolution was unanimously adopted.
17) 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 authorize the Town Engineer to assist the Town Clerk in creating, dividing or alternating election districts within the Town of Orchard Park.
The resolution was unanimously adopted.
Councilwoman Ackerman mentioned that the Village should be complimented on the successful Quaker Days Celebration with special thanks to John Wilson, Allan Yox and Ed Rider.
Councilman McCarville stated that the Town Board will hold it’s next work session on Thursday, August 10, 2000 at 11:00 AM (local time) in the Supervisor’s conference room instead of its scheduled Wednesday evening session due to Town Board members other commitments.
The Town Clerk stated that she has received correspondence on the rezoning proposals, which are available in the office.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, this agreements is made as of this 2nd day of August 2000, by and between Carleton Technologies, Inc. (“Carleton”), a Delaware corporation having its principal place of business located at 10 Cobham Drive, Orchard Park, New York and the Town of Orchard Park (the “Town”), a municipal corporation existing pursuant to the laws of the State of New York, and
WHEREAS, on or about June 16, 1999, the Town Board of the Town adopted three resolutions purporting to authorize the construction of a roadway, water main, sewer main and associated appurtenances and equipment, and directing the levy of an assessment upon certain properties, including that owned by Carleton, to pay the principal interest on bonds issued to fund said construction (the “Resolutions”); and
WHEREAS, on or about July 16, 1999, Carleton filed a verified petition pursuant to Article 78 of the New York Civil Practice Law and Rules, in the Supreme Court of the State of New York, Erie County, Index No. 1999-5964 (the “Proceeding”), seeking an order and judgment reversing, annulling, and setting aside the Resolutions on the grounds that the Resolutions were not authorized by the statutes upon which there were purportedly based and that the Town failed to comply with the requirements of the State Environmental Quality Review Act; and
WHEREAS, Carleton and the Town desire to settle all claims against the Town relating to matters raised by Carleton in its verified petition, upon the terms set forth in this Agreement
1. The Town covenants the aggregate of all assessments levied against Carleton by the Town with respect to the construction, authorized in the Resolutions, including the roadway, water main, sewer main, and associated appurtenances and equipment, shall, in no event, exceed $94,512.82.
2. Carleton hereby agrees to promptly stipulate to the voluntary discontinuance of the Proceeding against the Town, and never to re-litigate the issued raised therein against the Town, in any form, unless the Town breaches its covenant contained in Paragraph 1. In the event of such breach, Carleton may, at its option, either enforce this Agreement in a court of competent jurisdiction or re-commence the Proceeding.
3. In the event that the Town breaches its covenant contained in Paragraph 1, the Town hereby covenants (i) not to interpose any defense based upon a statute of limitations and (ii) to pay Carleton’s attorneys’ fees incurred in bringing any action to enforce the terms of this Agreement.
4. The parties agree this Agreement shall be fully admissible in any proceeding between the parties to enforce their rights and obligations thereunder.
5. The parties agree that the law of the State of New York shall govern interpretation of this agreement.
6. The parties negotiated this Agreement at arms length and in good faith.
7. The parties represent and warrant to each other that each has authority to sign this Agreement, and the persons signing for each Party are duly authorized to sign the Agreement for the respective party.
8. This Agreement may be executed in counterparts, each of which shall be an original.
RESOLVED, that the Town Board of the Town of Orchard does hereby authorize the Supervisor to sign the Discontinuation Agreement, as recommended by the Town Attorney.
The resolution was unanimously adopted.
19) 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 Sam McCune, Police Chief, to attend the New York State Chiefs’ of Police Conference in Rye, New York, from August 27 through the August 31, 20000, as provided in the budget.
The resolution was unanimously adopted.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the bids were opened for the Quaker Centre Industrial Park Project, Phase 5 & 6 on July 26, 1999 and the contract for this project was not awarded at that time, and
WHEREAS, this project has been on hold for just about one year, pending the resolution of the Article 78 Proceeding brought against the Town by Carleton Technologies, Inc. and the plaintiff’s attorneys have verbally notified our Town Attorney that the case will be dropped based on the new special assessment tax levy projections which our accounting firm revised after applying the grant funding that this project will receive, and
WHEREAS, the Supervisor and her staff were instrumental in obtaining a $500,000 grant from Erie County and a $951,500 grant/loan from the New York State Department of Transportation and the availability of these funds has resulted in a 65% reduction in the projected special assessment against the properties on Cobham Drive for the roadway portion of the project and the total elimination of the special assessments for the waterline and sanitary sewer portions of the project, and
WHEREAS, in 1998 the Town issued a bond anticipation note that now has a par value of $900,000 (due 6-15-01) which will provide temporary financing during construction until the Town receives reimbursement from the grant funds, therefore it will no longer be necessary to issue debt for the additional authorization approved by the Town Board on June 16, 1999 and which was the subject of the Article 78 Proceeding, and
WHEREAS, both the Engineering Department and Pratt & Huth Associates, our design consultant for this project, reviewed the bids and determined that Kandey Company, Inc. was the lowest responsible bidder, and throughout this past year, Kandey Co. has agreed to hold its bid price while the Town sought financial assistance from the State and County, and even though the costs of material and labor have increased from a year ago, the firm has agreed to construct the project based on its original bid price and is able to begin work immediately and Kandey has also agreed to abide by all applicable State regulations and equal employment opportunity requirements which are a condition of the NYSDOT and County grants, and
WHEREAS, this project involves the extension of Cobham Drive
from its present terminus to
Big Tree Road along with the installation of public waterlines and sanitary
sewers that will allow approximately 35 acres of prime industrial property to
be developed and the project also includes improvements to the intersection of
Centre Drive and Rte. 20 A, and since the Town has the necessary financing for
the project in place and a contractor ready and willing to attempt to complete
construction this year if the Town awards the contract
RESOLVED, that the Town Board does hereby award the contract for the Quaker Centre Industrial Park, Phases 5 & 6 to the lowest responsible bidder, Kandey Company, Inc. 19 Ransier Drive, West Seneca, New York, 14224 in the amount of $973,000 with the modifications to the original bid documents to include the New York State equal employment opportunity requirements and the current New York State prevailing wage schedule, and pending written confirmation of the resolution of the Article 78 Proceeding brought against the Town by Carleton Technologies, Inc., as recommended by the Town Engineer.
The resolution was unanimously adopted.
21) 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 #15, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$86,086.76 |
|
Part Town Fund |
$3,155.29 |
|
Community Dev |
$45,000.00 |
|
Risk Retention |
$6,237.05 |
|
Highway Fund |
$30,498.44 |
|
Special Districts |
$39,582.92 |
|
Trust & Agency |
$21,854.01 |
|
Capital Fund |
$$25,438.74 |
The resolution was unanimously adopted.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize to receive and file the following Report as entered on the agenda: 1) Conservation Board Annual Report, June 1, 1999 through May 31, 2000.
The resolution was unanimously adopted.
Nicholas Taneff, 279 Summit Avenue: Mr. Taneff questioned an agreement between Diversified Controls and Mr. Bucheit, about a roadway that would lead to the Target Plaza, and if it could be used to reroute traffic from Diversified Controls. This would eliminate many of the current traffic problems.
23) THE FOLLOWING RESOLUTION WAS ADOPTED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby authorize the placement of a directional sign, provided by the Town, to direct truck traffic for Diversified Controls, Inc. to the appropriate location, with the assistance of the Engineer Department/Highway Department, as recommended by the Public Safety Commission .
The resolution was unanimously adopted.
Kim Baker, 276 Summit Avenue: Ms. Baker came in to follow up on questions regarding Diversified Controls, Inc. about the berm; on site soil retention; filing of SEQR reports and the noise ordinance pertaining to construction. Ms. Baker stated that the Summit Avenue residents are not against Diversified Controls, but would have liked to have been involved initially with this project.
Roy Sasiadek, 275 Summit Avenue: He does not want to give up land for a berm; unhappy with property egress and retention basin.
Susan Sasiadek, 275 Summit Ave: objects to ugly, intrusive building, all the other business sites are beautiful.
Larry Clark, 113 Summit Avenue: Mr. Clark offered information on modular berms.
Jakel Clark, 113 Summit Avenue: Mr. Clark is unhappy with the project.
The Supervisor stated that she had a conversation with the School Superintendent, Dr. Charles Stoddart, and he is investigating moving the bus stop at Summit Avenue. The Town will look into possibly improving the turnaround at the end of Summit so the buses could go down the street and pick up the children.
There being no further business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 10:01 P.M.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk