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 16h 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
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: Nancy W. Ackerman Councilwoman
Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, the minutes of the Town Board meeting held on July 19th of the year 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.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, this Town Board has determined that the zoning map adopted in connection with the Zoning Ordinance shall be amended by rezoning of various parcels of land and that such rezoning is consistent with the Comprehensive Plan of the Town of Orchard Park; and
WHEREAS, a hearing has been conducted with regard to the various proposed rezoning; and
WHEREAS, pursuant to §239M of the General Municipal Law there has been no recommendation on the various re-zonings from the Erie County Planning Board, and
WHEREAS, this Town Board hereby makes a determination that the rezonings set forth below will not have a negative impact on the environment based upon the Environmental Assessment Forms submitted to the Town Board and hereby adopted by the Town Board as prepared by the Planning Coordinator,
NOW THEREFORE, be it resolved that the following properties are rezoned to be consistent with the surrounding areas:
Rezone the following area from R-4 to I-1: All that area which is presently zoned R-4 on the west side of California Road beginning at a point approximately 750 feet south of the centerline of Southwestern Boulevard; thence around the existing boundary of the R-4 Zone, said existing R-4 Zone intending to be portions of Tax Parcels #161.09-5-3.11, #161.09-5-4, #161.09-5-5, and #161.09-5-6.
Rezone the following area from B-2 to R-3: All that area which is presently zoned B-2 on the north side of Sheldon Road, approximately 988 feet west of the centerline of Abbott Road, said existing B-2 zone intending to be Tax Parcel #160.12-3-2.
The question of the adoption was duly put to a roll call vote which resulted as follows:
Supervisor Toni Cudney Aye
Councilman John Mills Aye
Councilman David Buyer Aye
Councilman Steven McCarville Aye
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, this Town Board has determined that the zoning map adopted in connection with the Zoning Ordinance shall be amended by rezoning of various parcels of land and that such rezoning is consistent with the Comprehensive Plan of the Town of Orchard Park; and
WHEREAS, a hearing has been conducted with regard to the various proposed rezoning; and
WHEREAS, pursuant to § 239M of the General Municipal Law there has been no recommendation on the various re-zonings from the Erie County Planning Board, and
WHEREAS, this Town Board hereby makes a determination that the re-zonings set forth below will not have a negative impact on the environment based upon the Environmental Assessment Forms submitted to the Town Board and hereby adopted by the Town Board as prepared by the Planning Coordinator,
NOW THEREFORE, be it resolved that the following properties are rezoned to allow for a professional office use which is consistent with the present business in the area:
Rezone the following area from R-2, B-3 & B-2 to B-4: All that area which is presently zoned R-2, B-3 & B-2 on the west side of Orchard Park Road from the centerline of Milestrip Road to the centerline of Smokes Creek, said area being 350 feet deep from and parallel to the center line of Orchard Park Road.
Rezone the following area from B-3, R-3 & B-2 to B-4: All that area which is presently zoned B-3, R-3 & B-2 on the east side of Orchard Park Road from the centerline of Milestrip Road to the centerline of Smokes Creek, said area being 350 feet deep from and parallel to the centerline of Orchard Park Road.
Rezone the following area from R-1 to R-4: That area which is presently zoned R-1 on the north side of Big Tree Road beginning at a point approximately 180 feet east of the centerline of Shadow Lane and 350 feet north of as measured perpendicular to the centerline of Big Tree Road; thence northerly along the boundary between the existing R-1 and R-4 Zones, said line also being the west line of the Niagara Mohawk Power Corporation Right of Way a distance of approximately 3,230 feet to the northerly boundary of the existing R-4 Zone; thence westerly along a line extending said northerly boundary of the existing R-4 Zone to its intersection with the centerline of the South Branch of Smokes Creek; thence southerly along the centerline of South Branch of Smokes Creek and continuing southerly along the centerline of the west tributary to the South Branch of Smokes Creek to the northerly boundary of the existing R-3 Zone; thence easterly along said northerly boundary of the existing R-3 Zone; said boundary being 350 feet north of and parallel to the centerline of Big Tree Road to the point of beginning.
The question of the adoption was duly put to a roll call vote which resulted as follows:
Supervisor Toni Cudney Aye
Councilman John Mills Aye
Councilman David Buyer Aye
Councilman Steven McCarville Aye
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, this Town Board has determined that the zoning map adopted in connection with the Zoning Ordinance shall be amended by rezoning of various parcels of land and that such rezoning is consistent with the Comprehensive Plan of the Town of Orchard Park; and
WHEREAS, a hearing has been conducted with regard to the various proposed rezoning; and
WHEREAS, pursuant to § 239M of the General Municipal Law there has been no recommendation on the various re-zonings from the Erie County Planning Board, and
WHEREAS, this Town Board hereby makes a determination that the re-zonings set forth below will not have a negative impact on the environment based upon the Environmental Assessment Forms submitted to the Town Board and hereby adopted by the Town Board as prepared by the Planning Coordinator,
NOW THEREFORE, be it resolved that the following area be rezoned from B-2 to B-3 for the following reasons: A) to soften the transition to the residential R-2 Zone; B) B-2 Zoning uses are too large and intense for the available land; and C) B-2 use allows for a gas station, which the Town Board specifically determines is inappropriate in the area which is the subject of this rezoning.
Rezone the following area from B-2 to B-3: All that area which is presently zoned B-2 on the east and west sides of South Buffalo Street and on the east and west sides of Ellicott Road, said area being bounded on the north by the existing corporation limits of the Village of Orchard Park and the centerline of Jewett Holmwood Road, on the east by the approximate centerline of the east tributary to the South Branch of Smokes Creek, on the south by the south line of Tax Parcel #173.13-1-10 and the centerlines of Ellicott Road and New Armor Duells Road, and on the west by the west line of Tax Parcel #172.20-1-15.
The question of the adoption was duly put to a roll call vote which resulted as follows:
Supervisor Toni Cudney Aye
Councilman John Mills Aye
Councilman David Buyer Aye
Councilman Steven McCarville Aye
The resolution was unanimously adopted.
5) 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 request from The Krog Corporation, vacant land, east side of the future expansion of Cobham Drive, for a building permit to construct an 18,650 square foot building. The Planning Board, 8/9/00, recommends approval of this request and of the site plan with the following stipulations:
1. This is an Unlisted SEQR Action based on the submitted Full EAF Parts 1 and 2, and a Negative Declaration is made.
2. A Landscape completion bond, in the amount of $5000.00 or a certified check in the amount of $2,500.00, in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 75% green space, and must be submitted to the Town Clerk before a Building Permit can be issued.
3. No site lighting plan is approved at this time in accordance with the 7/12/00 meeting minutes, and the petitioner shall provide photo-metrics and fixture cuts to the Planning Board for review and approval.
4. No outside storage or display is permitted.
5. Dumpsters as shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with §144-25 of the Town Code.
6. Town Engineering approval.
7. Reduced parking per §144-29A(2) is recommended with 17 spaces provided with additional 20 spaces available if the Planning Board requires them in the future.
8. The building Certificate of Occupancy shall not be issued prior to the dedication of a public road.
6) 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 request from William Sahlem, vacant land, south side of Southwestern Boulevard, east of Angle Road, for a building permit to construct a 39,000 square foot warehouse and a 5,000 square foot office/showroom. The Planning Board, 8/9/00, recommends approval of this request and of the site plan with the following stipulations:
1. This is an Unlisted SEQR Action based on the submitted Full EAF Parts 1 and 2, and a Negative Declaration is made.
2. A three year Landscape Completion bond, in the amount of $13,500.00 or a certified check in the amount of $6,750.00, in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 26% green space, and must be submitted to the Town Clerk before a Building Permit may be issued.
3. No outside storage or display is permitted.
4. Dumpsters shall be screened along with any additional dumpsters all of which shall be screened in accordance with §144-25 of the Town Code.
5. Town Engineering approval. The drawing requires a note regarding dry cleanup of the floor. (Due to this area not having public sewers, the Town Engineer and the Erie County Health Department have added this stipulation to prevent any petroleum products on the floor from being discharged into a private septic system.)
6. Reduced parking per §144-29(A)2 is recommended as there will be 55 spaces provided with 38 spaces in reserve. If the Planning Board determines they are required, they will be added.
7. The lighting plan will include 250 watt wall pack fixtures with wall wash glare shields and one 400 watt flat head shielded light pole.
The resolution was unanimously adopted.
Old Business #4 West Seneca Rotary, requesting a building permit for golf course on Southwestern
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request from the West Seneca Rotary Foundation, vacant land bordered by Southwestern Boulevard, Transit Road, Michael Road and Angle Road, for a building permit to construct an 18-hole golf course. The Planning Board, 8/9/00, recommends approval of this request and of the site plan with the following stipulations:
1. This is an Unlisted SEQR Action, which was determined on 7/19/00 by the Town Board, based on the submitted Full EAF Parts 1 and 2, and a Negative Declaration is made.
2. This excludes any permits for the clubhouse or parking area.
3. The Excavation Permit be approved through the Town code requirements.
4. There will be natural and manmade buffers along the streams and wetlands.
5. The water table will be maintained at its present level and will be verified by testing after completion of the golf course.
6. Overall landscape coordination of the golf course will be reviewed by the Conservation Board.
7. This will be a non-illuminated golf course.
8. Approval of a private sewage disposal system must be obtained from the Erie County Health Department and a State Pollution Discharge Permit from the New York State Department of Environment Conservation must be issued.
The resolution was unanimously adopted.
Old Business #5 Jim Ball Pontiac, vacant land: Requesting a Special Exception Use in B-2 zone
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, Petitioner Jim Ball Pontiac has petitioned for a special exception use to construct a 3,000 foot sales office building with a two bay washing facility on vacant land at the northeast corner of Southwestern Boulevard and Hart Place, and
WHEREAS, the Planning Board of the Town of Orchard Park has recommended that the Town approve the requested special exception use,
NOW, THERFORE, be it resolved that the special exception use is hereby granted on the following terms and conditions:
1. This is an unlisted SEQR Action based upon the submitted short environmental assessment form and a negative declaration is hereby made.
2. This project shall be completed in accordance with development plans dated June 6, 2000 and this special exception use shall terminate in the event the project is not completed in accordance with Section 144-67 of the Orchard Park Town Code.
3. The project is in compliance with the Town’s long range comprehensive plan.
4. The applicant has demonstrated a need for the project.
5. The project is compatible with adjoining land uses and the proposed development will not have a negative impact on the adjacent land value or public safety.
6. The applicant has demonstrated an orderly flow of traffic ingress and egress through Southwestern Boulevard and Hart Place.
7. The applicant has provided suitable parking spaces.
8. Landscaping, as indicated on the proposed plan, which must still be approved by the Conservation Board, will provide adequate screening with a minimum of 50 foot setback from the Southwestern Boulevard right-of-way, 20 foot setback from the R-2 property line and 10 foot setback from the Hart Place Right of Way and along the east lot line.
Adequate screening shall also include a berm at a location to be determined during the site plan process.
9. Free areas for recreation are not required.
10. The nearness and impact on schools and utilities is not an issue.
11. The health and safety of the adjacent properties are not affected.
12. Lighting fixture shall be in compliance with the plan stamped 6/14/00 which notes that the 400 watt fixture will have flat lenses and the HICI fixtures will be placed on a portion of the building that is along the residential property. The building fixture shall be screened box fixtures to prevent glare. The hours of lighting shall be reduced to security levels which will be reviewed during the site plan process.
13. The building and site will be ADA compliant.
Supervisor Cudney stated the Chairman of the Conservation Board, Jim Loesch, went to meet with Mr. Ball regarding the concerns of the residents on Hart Place. She stated Mr. Loesch wanted to make sure that there will be proper screening pertaining to sound and visual concerns. Mr. Ball agreed to put a berm on the Hart Place side of the project and to plant a thick screening of trees. Supervisor also stated Mr. Ball also agreed to plant additional trees along Hart Place to give it a little bit more of a residential feeling.
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, Patrick Callahan has petitioned this Town Board for a special exception use to construct a tennis court on vacant land located at 19 Cobblestone Court in the Eagle Heights Subdivision; and
WHEREAS, this Town Board has reviewed the environmental assessment form submitted by the petitioner,
NOW, THEREFORE, be it
RESOLVED, that this town Board makes the determination that the proposed construction of a tennis court on the premises referred to above will likely have a significant negative impact upon the environment and, accordingly, this Town Board makes a positive declaration regarding this proposed project and hereby requires that the Petitioner prepare an environmental impact statement; and
BE IT FURTHER RESOLVED, that the Planning Coordinator schedule a scoping session to determine the issues which must be addressed in the environmental impact statement; and
BE IT FUTHER RESOLVED, that this Town Board determines that the following issues be addressed in an environmental impact statement, among others which shall be identified in the scoping session;
1. Visual Impacts
2. Impacts of noise created by the tennis court
3. Impact upon drainage in the area
4. Impact upon flora and fauna in the area of the tennis court.
The resolution was unanimously adopted.
Old Business #7 Award Bid for the 2000 Garbage Contract
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, bids were received on July 27, 2000 by the Town of Orchard Park for collecting, hauling and disposal of mixed municipal solid wastes, bulky wastes and white goods and collection, hauling and processing of recyclables for one and two family dwellings in the Town of Orchard Park; and
WHEREAS, the lowest qualified bidder was National Environmental, Inc. (NEI) Waste Services,
RESOLVED, the Town of Orchard Park hereby awards the contract collecting, hauling and disposal of mixed municipal solid wastes, bulky wastes and white goods and collection, hauling and processing of recyclables to NEI Waste Services, 3675 Jeffrey Boulevard, Blasdell NY 14219, and be it further
RESOLVED, that the Town Supervisor is authorized to execute the Agreement between NEI Waste Services and the Town of Orchard Park.
Supervisor Cudney asked Town Attorney Berkowitz to report on his findings with other communities that have or are using NEI Waste Services for their municipal waste pickup. Mr. Berkowitz stated that NEI Waste Services was the lowest responsible bidder. He stated it was determined that they were responsible by contacting the Town Attorney in Holland, who indicated that there were no complaints with respect to NEI and their performance to the Town of Holland. Mr. Berkowitz checked with the Town Attorney in Blasdell. He stated they too indicated that there were no objections to NEI and their service they gave. Mr. Berkowitz also spoke to a representative of the Village of Franklinville in the Town Clerk’s office, who indicated that they had performed as well there. Town Attorney Berkowitz therefore determined that NEI Waste Services is a responsible bidder for the Town of Orchard Park.
Councilman Mills stated that he would like to see the contract contain a clause where the collector’s are mandated to disclose the revenue that is generated by the recyclables picked up in the Town.
Councilman Buyer indicated that he would liked to have seen Modern Disposal get the bid as they have done such a good job for the town, and he hopes NEI Waste Services does as good, or better job.
The resolution was unanimously adopted.
New Business #1 Schedule Public Hearing for 2001-2002 Community Dev. Block Grant Funds
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, in order to be eligible to continue to receive Community Development Block Grant (CDBG) funds through the Erie County CDBG Consortium, The Town of Orchard Park is required to conduct a public hearing to provide citizens an opportunity for input into the project selection process, and project applications are due on November 6, 2000, and
WHEREAS, prior to the hearing, the Engineering Department will prepare an information packet which will describe the CDBG program, a list of previous HUD funded projects in our Town, and a list of potential projects to be considered for next year’s funding applications,
RESOLVED, that the Town Board does hereby schedule a public hearing for Wednesday, October 4, 2000 at 8:00 P.M. on the possible use of 2001-2002 Community Development Block Grant Funds, as recommended by the Town Engineer, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
Supervisor Cudney encouraged the residents to attend this meeting and come forth with any ideas for projects under this grant.
The resolution was unanimously adopted.
New Business #2 Conference on Geographical Information for Engineer & Computer Technician
12) 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 authorize the Town Engineer and the Computer Support Technician to attend the New York State GIS Conference on September 20-21, 2000 in Syracuse, New York at Town expense, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Recreation Department’s 2000 Fall/Winter Recreation Staff Appointments
13) 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 2000 Town of Orchard Park Recreation Staff and that these appointments are dependent upon the applicants providing the required certifications:
|
Name |
Address |
Position |
Rate |
|
Flo Kirkner |
16 Bender Dr. |
Director |
$10.00 |
|
James Keats |
133 Lincoln Ave. |
Director |
$10.00 |
|
Mike Murphy |
6 Westview Pl. |
Director |
$6.75 |
|
Julie Burakowski |
4088 Baker Rd. |
WSI |
$6.75 |
|
Peter Burakowski |
4088 Baker Rd. |
Guard |
$5.60 |
|
Sue Wiencek |
6344 Milestrip Rd. |
WSI |
$6.75 |
|
Eva Szinger |
30 Carey Dr. |
Sub. |
$6.50 |
|
Kristina Moore |
16 Broadmoor (Sych. Swim ) |
Dir. |
$6.75 |
|
Ralph Geschwill |
17 Burbank Dr. |
Dir. |
$6.75 |
|
Lynda Somerville |
46 Chauncey Ln. |
Dir. |
$6.75 |
|
Andrew Adelman |
14 Eagle Heights |
Dir. |
$6.75 |
|
Paul Kostelny |
6640 E. Webster Rd. |
Dir. |
$6.75 |
|
Bernie Smith |
39 Rainbow Terr. |
Sub. Dir. |
$6.75 |
|
Erika Kubus |
167 Raintree Pkwy (Tonawanda) |
Aide |
$5.60 |
|
Lisa Jolls |
6362 Armor Rd. |
Dir. |
$6.75 |
|
Diana Wojcieszek |
195 Mapleview (Tonawanda) |
Aide |
$5.60 |
|
Pat Ortlepp |
33 Melant Dr. |
Dir. |
$6.75 |
The resolution was unanimously adopted.
New Business #4 & #5 Requests for Block Parties
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the residents of Peppermill Road to hold their Block Party on Saturday, August 26, 2000, and to have the street barricaded, and be it further
RESOLVED, that the Town Board does hereby approve the request of the residents of Locust Dr, Hawthorne Drive, Butternut Circle and Poplar Drive to hold a Block Party on Saturday, August 26, 2000, and have the street barricaded.
The resolution was unanimously adopted.
New Business #6 Public Safety Committee recommends stop sign on Swallow Lane @ Middlebury
15) 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 placement of a stop sign on Swallow Lane at Middlebury, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
New Business #7 Public Safety Comm. recommends Speed Limit signs for Ashwood & Cranwood
16) 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 placement of area speed limit signs in the appropriate locations for Ashwood Lane and Cranwood Drive, as recommended by the Public Safety Committee.
Councilman McCarville stated that the Public Safety Committee, along with the Highway Department, Engineering Department and the Planning Board, are working together to determine where signage is necessary for safety issues prior to the construction of roads, as opposed to waiting until the roads are completed in the new developments.
The resolution was unanimously adopted.
New Business #8 Schedule Bid Opening for Police Uniform Parts, September 6, 2000
17) 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 advertisement of bids for Police Uniform Parts to be opened on September 6, 2000, at 10:00 AM (local time) in the Supervisor’s Conference Room, as recommended by the Chief of Police, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #9 Submit Grant Application for Compost Site Development Project
18) 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 authorize the Supervisor to submit an Application to the New York State Department of Conservation Program requesting $380,302.00 to support, in part, the development of the town’s compost site, and be it further
RESOLVED, that the Town of Orchard Park will contribute $380,302 in matching funds to the compost site development project.
Supervisor Cudney said the Town has already been awarded a State grant in the amount of $275,000.00 for this project, and any additional funding for this project would come out of our garbage special district.
The resolution was unanimously adopted.
New Business #10 Submit Grant Application for Recycling Reimbursement Project
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to submit an Application to the New York State Department of Conservation Program requesting $225,116.00 to support, in part, the purchase of recycling equipment and to partially reimburse the town for equipment previously purchased as part of its recycling program, and be it further
RESOLVED, the Town of Orchard Park will contribute $255,117 in matching funds to the proposed recycling equipment reimbursement project.
The resolution was unanimously adopted.
New Business #11 Submit Grant Application for Baker Road Soccer Complex Development Project
20) 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 Supervisor to submit an application to the New York State Office of Parks, Recreation and Historic Preservation, Parks Development Program requesting $110,975.00 to support, in part, the development of two soccer fields at the Baker Road Soccer Complex that will enable residents of all ages to participate in the world’s most popular sport while concurrently learning the game’s strategy, improving team skills and fostering community support for long-term development of the town’s soccer program, and be it further
RESOLVED, that the Town of Orchard Park will contribute $210,975.00 in in-kind goods and services to the Baker Road Soccer Complex development project.
Supervisor Cudney said part of the Town’s in-kind matching funds has been committed by the International Union of Operating Engineers to do all the earthwork involved. She stated this will be approximately a $100,000.00 match. Supervisor Cudney thanked the Operating Engineers and the people of the soccer club who helped to get this commitment from the Operating Engineers.
The resolution was unanimously adopted.
New Business #12 Refer to the Planning Board & Conservation Board Boston Valley Terra Cotta
21) 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 refer the request of Boston Valley Terra Cotta, 6860 South Abbott Road, Orchard Park, for a building permit to start Phase 2, which is a 24,000 square foot building addition for storage of raw materials, construction will also include a 105 ft by 20 ft passageway connecting the northeast corner of the proposed expansion area to the existing structure, and a new parking lot, access road and driveway, to the Planning Board and Conservation Board.
The resolution was unanimously adopted.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town’s Recreation Department has been successful in obtaining grants from New York State and the Orchard Park Soccer Club to be used for the purchase of equipment in the amount of $5,522.44 and
WHEREAS, the Town did not include either the grant revenues or the appropriations to purchase this equipment in the year 2000 adopted budget, and
WHEREAS, the Town does desire to purchase such equipment with such grant funds,
RESOLVED, that the Town Board hereby authorizes the amending of the 2000 adopted budget to authorize additional appropriations and estimated revenues of $5,522.44 in the following Town accounts:
Increase appropriations:
A.7020.000.480 Recreation Supplies $5,522.44
A.3897 NYS Aid – Recreation Equip. $3,593.93
A.2705.0001 Local Grant – Recreation Equip. $1,928.51
The resolution was unanimously adopted.
23) 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 following budget transfer, as recommended by the Town Assessor.
$500.00 From: A.1355.000.455 Board of Assessment Review
To: A.1355.000.400 Office Expense
The resolution was unanimously adopted.
24) 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 Memorandum of Agreement with the Civil Service Employees Association, Inc., Local 1000, AFSCME, and agrees to the following:
1) The Town recognizes the full-time Public Safety dispatchers as members of CSEA Unit 6765-01.
2) The Public Safety Dispatchers will be placed on Range 0003, Step 1.
3) All terms of the White Collar Agreement will be the same for the Public Safety Dispatcher except:
a) The work week of the Public Safety Dispatcher will be established by the Police Chief and will consist of five consecutive 8 hour days with one-half hour paid lunch in a seven-day period, not necessarily Monday through Friday. The employee will select the workweek and shift by seniority.
b) Dispatcher will be guaranteed 13-holiday pay, either worked or not. If the employee works said holiday, he/she will be granted another day off at the employee’s choice, subject to the approval of the Police Chief.
c) Any Dispatcher working second shift shall be paid $.15 per hour, shift differential for hours worked. And any Dispatcher working third shift (midnight) shall be paid $.25 per hour shift differential for hours worked.
The resolution was unanimously adopted.
Supervisor Cudney wanted to remind people that a Household Hazardous Waste Drop-off day is scheduled for September 9, 2000, at the Modern Corporation Facility, 266 Hopkins Street at Tifft in Buffalo, between the hours of 9:00 AM and 2:00 PM.
Councilman Mills announced that a joint meeting, between the Village and the Town of Orchard Park, was held on Monday, August 14, 2000, for the purpose of annexing a portion of the Bray property that is in the Village, to the Town, for the purpose of expanding a landscape business. It was passed that evening. Jeff Bray is the principal owner of the property petitioned for this annexation. The Town will now go forward with the annexation and rezoning of this parcel.
Councilman Mills said that next Thursday, he and Supervisor Cudney, along with other members of the Southtown’s Sewer Treatment Agency, will be visiting the Steuben Plant in Elma to tour the facility and find out how they are going to mitigate the odor along the Milestrip Road trunk line.
Councilman Mills stated that he is happy to see the progress in the Quaker Industrial Park, as the improvements made over the years have produced a significant increase in revenues for the Town of Orchard Park, and the partnership that originally produced this concept has proven to be quite successful in developing a profitable, well designed business park.
Councilman Mills directed a question to Supervisor Cudney regarding a piece of information that was inserted into the Town Employees paychecks last week. Supervisor Cudney responded that it was and that it will not happen again.
Councilman McCarville stated that he has received a petition from the residents of Lawrence Place and Wallace Drive, requesting that the Town dredge out the creek west of Lawrence Place, east of the 219. The natural drain tiles put in during the 1950’s can no longer take the volume of water coming from the Chestnut Ridge Estates. As it is now, the residents on Wallace Place are losing ⅓ to ½ of their backyards to this water, and the water also seeps into their basements. Councilman McCarville is giving the petition to the Town Clerk to file, and refer it to the proper departments to evaluate this problem and see what can be done.
25) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant # 16, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$60,427.58 |
|
Part Town Fund |
$95.05 |
|
Risk Retention |
$0.00 |
|
Highway Fund |
$149,233.02 |
|
Special Districts |
$111,489.90 |
|
Trust & Agency |
$819.09 |
|
Capital Fund |
$7,950.41 |
The resolution was unanimously adopted.
26) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications as entered on the agenda: 1) Erie County Executive Office 2000 Annual Report of the Erie county Division of Real Property Tax. 2) Citizen’s Petition opposing the Public Safety committee’s suggestion to remove the stop sign at the intersection of Timberlake and Fawn Terrace in the Eagle Heights Subdivision. 3) Erie County Department of Environment and Planning Household Hazardous Waste Drop Off Day, September 9, 2000 at the Modern Corporation Facility, 266 Hopkins Street at Tifft.
The resolution was unanimously adopted.
27) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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) Building Inspector’s Monthly Report & Building Permits for July 2000. 2)Chief of Police’s Monthly Report for July 2000. 3) Orchard Park Fire District 2001 Budget Summary.
The resolution was unanimously adopted.
Nicholas Taneff, property owner of 3165 Southwestern Blvd: asked if the Town Board was going to make any Zoning Changes on Southwestern Blvd. He was advised that no changes for Southwestern Blvd. are going to take place at this time. 279 Summit Ave. resident – wanted to know if Mr. Mills had talked to the Town Engineer about a berm between Diversified Controls and the residential properties on Summit Ave. Councilman Mills said there is currently research into different types of berms and he will come back to the next meeting with the information that he has gathered. Councilman Mills also stated that they may have to wait until the structure is completed before anything could be decided. The Town Board assured Mr. Taneff that they are going to continue to monitor this problem
Roy Sasiadek, 275 Summit Avenue: Mr. Sasiadek had sent letters to the Building Inspector and the Town Board, he wanted to know if there has been a response yet. The Building Inspector said he has a response letter completed and could be picked up at any time. Mr. Sasiadek also reiterated that the Summit Ave. residents are looking for some sight and sound considerations. Mr. Sadiadek said this site has not been handled like the other industrial parks with setbacks, landscaping, berms and other separations.
Susan Sasiadek, 275 Summit Avenue: wanted to know how much outdoor storage is allowed, the amount that is stored outside has increased every day. The Building Inspector is going to inspect the site to see what needs to be done.
There being no further business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman McCarville, the meeting was adjourned at 9:22 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk