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 6th day of December 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
Kathleen A. Swarbrick Deputy Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
ABSENT: Nancy W. Ackerman Councilwoman
Janis A. Colarusso Town Clerk
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the minutes of the Town Board meetings held on November 15, 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 – Patrick Callahan, 19 Cobblestone Court, Adopt DEIS for Tennis Court
2) 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 Adopt the Final Written Scope for the Draft Environmental Impact Statement for a proposed tennis court, vacant land located at 19 Cobblestone Court, Orchard Park, New York.
Old Business #2 – Award bid for the New Brush Chipper for Highway Department
3) 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 reject all bids for a New Unused Brush Chipper received on November 30, 2000, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
4) 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 purchase of a New Unused Brush Chipper for the Orchard Park Highway Department off the New York State Contract from Vermeer Sales & Service, Inc., 1235 Route 9, P.O. Box 127, Castleton-on-Hudson, NY 12033, in the amount of $21,503.00, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town has received a request from Kandey Company Inc., to extend the contract completion date for the Quaker Centre Industrial Park Project, Phase 5 & 6, and Centre Drive Improvements, which was November 17, 2000, and
WHEREAS, the project is approximately 90% complete with the only major work items remaining, being the top course of asphalt and the final landscaping, and
WHEREAS, the current weather conditions make it doubtful that any further paving will be done this year, and if that is the case, the Cobham Drive extension will not be opened to traffic this winter, and
WHEREAS, Kandey Company made excellent progress after starting work in mid-August, but the amount of rainfall that the area received during the fall caused significant delays in earthwork operations, resulting in the project falling behind schedule,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an extension to the contract for the Quaker Centre Industrial Park Project, Phase 5 & 6, establishing a new completion date of May 25, 2001, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #4 Release Escrow Funds
6) 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 release of escrow funds for:
· Street lighting for $5,200.00 and landscaping for $1,000.00 to Falcon Land Corporation for Summit at Scherff Subdivision, Phase 3, PIP #2000-01, as recommended by the Town Engineer.
· Landscaping for $2,000.00 to Tom Greenauer, Inc., for the Chestnut Ridge Village Subdivision, Part 4, Phase 1, PIP #99-02, as recommended by the Town Engineer.
· Landscaping for $2,100.00 to Birdsong Development Association, LLC for Birdsong Subdivision Part 1, Phase 2, PIP 99-03, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #1 Schedule 2001 Organizational Meeting
7) 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 schedule the 2001 Organizational Meeting for January 3, 2001 at 7:00 PM (local time), with the regularly scheduled Town Board Meeting to follow.
Before the vote was taken, the Supervisor stated the work session would be held at 5:30 PM (local time) prior to the meeting.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby reappoint Linda Daniels, 65 Independence Drive, to the Board of Assessment Review for a five year term to expire 9/30/05, as recommend by the Town Assessor.
The resolution was unanimously adopted.
New Business #3 Authorize Bid Opening for Three New Police Vehicles
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Bid Opening for Monday, December 18, 2000 at 10:00 AM (local time) for three (3) New Police Vehicles, as recommended by the Chief of Police, and be it further
RESOLVED, that the Town Clerk shall publish due notice thereof.
The resolution was unanimously adopted.
New Business #4 Appointment to the Orchard Park Police Department
10) 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 authorize the appointment of Jason M. Schiedel, 5213 Lake Avenue, Orchard Park, to the Orchard Park Police Department effective date January 1, 2001.
The resolution was unanimously adopted.
New Business #5 Authorize Supervisor to sign a Snow Removal Contract with Erie County
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Erie County Department of Public Works, Division of Highways sent out the 2000-2005 Snow Removal Contracts, and
WHEREAS, the Highway Superintendent stated the reimbursement monies in the contract were incorrect
RESOLVED, that the Town Board does hereby table the request to sign the 2000-2005 Snow Removal Contract with the County of Erie, as recommended by the Town Highway Superintendent.
The resolution was unanimously adopted.
New Business #6 Authorize Supervisor to sign the Nutritional Contract with Erie County
12) 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 authorize the Supervisor to sign the 2001 Nutrition Contract with the County of Erie, Department of Senior Services.
The resolution was unanimously adopted.
New Business #8 Create position of Police Captain for Orchard Park Police Department
13) 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 creation of the position of one (1) Police Captain (Competitive Class).
The resolution was unanimously adopted.
New Business #9 Set Public Hearing to repeal §144-36A(3), Prohibited Signs – Political Signs
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 table the scheduling for the Public Hearing in the matter of amending the Town Code of Ordinances by repealing §144-36A(3), Prohibited Signs – Political Signs, from the Town of Orchard Park Code of Ordinances.
The resolution was unanimously adopted.
New Business #9 Agreements with NYSDOT regarding Rte. 240 Reconstruction Project
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, on the November 1, 2000 Town Board Meeting, resolutions were adopted approving various agreements that authorize the New York State Department of Transportation to relocate our waterlines and Sanitary Sewer mains in conjunction with the Rte. 240 Reconstruction Project, which agreements have been executed, but the Town has been informed that an additional agreement is necessary to complete the arrangement, and
WHEREAS, that Agreement will provide for the State to reimburse the town of Orchard Park for the costs of operating waterlines during relocation work, and it has been estimated that the Town expenses, which include personnel and equipment, may be as high as $8,052.00,
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Inter-Municipal Agreement (REF. #7A) with the New York State Department of Transportation providing for the Town to be reimbursed for its expenses associated with waterline operations during the Rte. 240/277 Reconstruction Project (P.I.N. #5268.31), as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #10 Agreement with NYSDOT regarding Rte. 240 reconstruction
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, on the November 1, 2000 Town Board Meeting, resolutions were adopted approving various agreements that authorize the New York State Department of Transportation to relocate our waterlines and Sanitary Sewer mains in conjunction with the Rte. 240 Reconstruction Project,
WHEREAS, the New York State Department of Transportation requires a separate agreement for any work requested by a municipality that is beyond the scope of their highway reconstruction project, and such work (known as “betterment”) has to b e paid for by the municipality, and
WHEREAS, the Town Highway Superintendent has requested the State to reconstruct approximately 200 linear feet of Sunset Terrace beyond NYSDOT’s work limits, which will help correct drainage problems in this area, and
WHEREAS, to accommodate the Town, NYSDOT’s consultant engineer has revised the drainage design on Rte. 240 to be deep enough to drain the lowest elevations on Sunset, and the State has conservatively estimated the cost of the “betterment” at $45,000.00 and there are sufficient funds in the Highway Capital Reserve to finance this project, and
WHEREAS, payment to the NYSDOT will be required just prior to the start of Rte. 240 construction, now scheduled for the spring of 2001, and the Town will be charged for only the amount that is actually expended based on the contractor’s unit bid prices for the work items performed on Sunset Terrace, therefore the Town will receive a refund of the unexpended balance of the $45,000.00 upon completion of the project
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Work Agreement with the New York State Department of Transportation for the Rte 240/277 Reconstruction Project (P.I.N. #5268.31) authorizing the reconstruction of approximately 200 linear feet of Sunset Terrace at an estimated cost of $45,000.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #11 Appointment of 2000-2001 Winter/Spring Recreation Department Staff
17) 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 2000-2001 Winter/Spring Recreation Department Staff, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.
Name Address Position Rate
Shannon Deberger 7166 E. Quaker Street Aide $ 5.40
Orchard Park, NY 14127
Kate Matusiak 106 E. Delevan Avenue Aide $ 5.40
Bufffalo, NY 14208
The resolution was unanimously adopted.
New Business #12 Refer Rezoning Request for Vacant Land, N. Buffalo Street to Planning Board
18) 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 refer the request of John R. Bray to rezone vacant land on North Buffalo Street from R-2 to B-3, for a proposed garden center, to the Planning Board and the Conservation Board.
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following budget transfers as recommended by the Highway Superintendent:
Highway $ 10,000.00 From: DA.5142.000.144 Snow Salaries
To: DA.5140.000.416 Fuel
$ 16,000.00 From: DA.5142.000.144 Snow Salaries
To: DA.5140.000.144 Brush Salaries
Parks & Grounds $ 3,000.00 From: A.7110.000.217 Tennis Court Repair
To: A.7110.000.475 Fuel
$ 6,000.00 From: A.5010.000.137 Clerical Salary
To: A.7110.000.149 Part Time Salary
$ 2,500.00 From: A.7110.000.445 Vehicle Repair
To: A.7110.000.215 Equipment
$ 2,000.00 From: A.7110.000.217 Tennis Court Repair
To: A.7110.000.215 Equipment
The resolution was unanimously adopted.
Supervisor Cudney stated that communication was received by the Hillside Behavioral Health System to notify the Town of the interest and intent to establish a community residential home in Orchard Park at 4550 Abbott Road.
Councilman Buyer introduced Valerie Johnson, High School Government Student, as doing her internship with him.
Building Inspector Campion introduced Matt Pietrowski, High School Government Student, as doing his internship with him.
20) 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 authorize the approval of all entries on Warrant #23 following auditing by members of the Town Board and in the funds indicated:
General Fund $ 184,530.16
Part Town Fund $ 2,321.14
Risk Retention $ 181.69
Highway Fund $ 87,672.96
Special Districts $ 56,936.69
Trust & Agency $ 6,735.54
Capital Fund $ 331,586.74
The resolution was unanimously adopted.
21) 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 receive and file the following communication as listed on the agenda: Orchard Park Chamber of Commerce announcement that the “Times Square In Orchard Park” will be held on December 31st at the base of the water tower at the blocked off area at School St. and Allen Lane during the New Year’s Celebration until approximately 1:00 AM on January 1, 2001.
The resolution was unanimously adopted.
There being no business from the floor, on motion by Supervisor Cudney, seconded by Councilman McCarville, the meeting was adjourned at 8:37 PM.
Respectfully Submitted
Janis A. Colarusso
Town Clerk