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 20th 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
Nancy W. Ackerman Councilwoman
Jeffrey Abate Deputy Town Attorney
Janis A. Colarusso Town Clerk
Samuel M. McCune Chief of Police
Michael R. Merritt Town Engineer
ABSENT: Steven P. McCarville Councilman
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the minutes of the Town Board meeting held on December 6, 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 Allen Marine Services request for a Building Permit
2) 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 request from Allen Marine Services for a Building Permit for vacant land behind 3582 South Benzing Road, to construct a 3,200 square foot operations center, as recommended by the Planning Board, 12/13/00 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 shall be made.
2. A Landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 72% green space in the amount of $4,850 or a certified check in the amount of $2,425 must be presented to the Town Clerk before a Building Permit is issued.
3. The site lighting plan is limited to those fixtures and poles indicated on the approved site plan.
4. No outside storage or display is permitted.
5. All dumpsters shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with Section 144-25 of the Town Code.
6. Town Engineering approval was granted as of 12/13/2000.
Old Business #2 Authorize Supervisor to sign Snow Removal Contract with Erie County DPW
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the 2000-2005 Snow Removal Contracts with Erie County Department of Public Works, Division of Highways, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
New Business #1 Authorize Supervisor to sign Contract with Erie County for Senior Van Services
4) 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 Erie County Going Places Van Contract between the Town of Orchard Park and Erie County to provides transportation for elderly residents.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the advertisement for bids for a New 2001 Pick Up Truck for the Dog Control Department, January 11, 2001 at 2:00 PM in the Supervisor’s Conference Room, as recommended by the Dog Control Officer.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to establish one (1) additional Position of Principal Engineer Assistant (Competitive Class).
The resolution was unanimously adopted.
New Business #4 Winter/Spring 2000/01 Recreation Staff Appointments
7) 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 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 - Laura McCann, Address - 93 Tanglewood Drive, Position – WSI, Rate - $5.95.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Town provides direct water service to certain water districts within the Town, and
WHEREAS, the cost of providing such services has increased, and
WHEREAS, the Town is required to pass such costs on directly to the benefiting users of such services,
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the adjustment of water rates, to be effective for the billings mailed in April 2001, as follows:
Rate per 10,000 Gallons; District Current Rate Approved New Rate
Water District #1 44.00 50.00
Water District #4 36.00 36.00
Water District #4 Ext. 1 34.00 36.00
Water District #8 34.00 36.00
Water District #8 Ext. 1 32.00 38.00
Water District #8 Ext. 2 30.00 32.00
Water District #8 Ext. 3 30.00 32.00
Water District #20 34.00 34.00
Before the vote was taken Supervisor Cudney stated in some water districts the Erie County Water Authority has increased its rates for water hydrant maintenance. This water is purchased from the Village by the Town, which has subsequently had an increase, therefore the Town has raised their rates accordingly.
The resolution was unanimously adopted.
New Business #6 Request for a Building Permit, refer to the Planning & Conservation Boards
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of McGard Inc., 3875 California Road, for a Building Permit, to construct a 25,000 to 30,000 square foot addition to the rear of their facility with additional parking and service requirements to the Planning Board and Conservation Board.
The resolution was unanimously adopted.
Elected Officials & Department Heads
10) 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 following budget transfers as recommended by the Town Engineer, Chief of Police and the Highway Superintendent:
Town Engineer:
$ 1,200.00 From: 001.8346.000.550 Contingency Acct. To: 001.8346.000.475 Gasoline Account
Chief of Police:
$ 1,600.00 From: A3120.000.407 Uniform Acct. To: A3120.000.400 Office Account
Highway Superintendent:
$ 7,500.00 From: DA5130.000.144 Mechanics Salary To: DA5130.000.419 Equipment Repair
$ 900.00 From: A5010.000.413 Travel To: A5010.000.440 Radio Repair
$ 300.00 From: A5010.000.419 Other Expenses To: A5010.000.400 Office Supplies
$ 10,000.00 From: A7110.000.449 Lake Maintenance To: A7110.000.144 Salaries
$ 2,000.00 From: A7110.000.476 Lake Testing To: A7110.000.475 Gasoline
$ 1,300.00 From: A7110.000.447 Fencing To: A7110.000.215 Equipment
$ 1,500.00 From: A8560.000.471 Tree Removal To: A8560.000.417 Beautification
The resolution was unanimously adopted.
11) 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 use of the Board Room for the Republican Caucus on January 29, 2001at 7:30 PM, as requested by John Bailey of the O.P. Republican Committee.
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the use of the Town Hall basement for the Democratic Caucus on January 29, 2001 at 7:00 PM, as requested by the O.P. Democratic Committee.
The resolution was unanimously adopted.
Councilman Buyer stated that there will not be a Town Board Work Session on December 27, 2000. He also stated the next Town Board Meeting will be on January 3, 2001 at 7:00 PM with the Town Board Work Session being at 5:00 PM that evening.
Councilwoman Ackerman stated that the new five year garbage contract with NEI will commence on January 1, 2001 with information circulated to the residents the week prior to collection.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the 2000-2001 Governor’s Traffic Safety Grant for $8,000.00, as recommended by the Chief of Police.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #24 following auditing by members of the Town Board and in the funds indicated:
General Fund $ 52,005.18
Part Town Fund $ 846.20
Highway Fund $ 36,694.21
Special Districts $ 14,919.81
Trust & Agency $ 5,851.26
Capital Fund $ 10,085.14
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby receive and file the following communications as listed on the agenda: 1) ECIDA Public Hearing to be held 1/8/01 at the Orchard Park Municipal Center regarding McGard, Inc. 3875 California Rd., construction and operation of an approximate 30,000± square foot building addition and related improvements. 2) United States Department of Commerce Certificate of Recognition in appreciation of the Town’s contributions in making the 2000 Census a success. 3) New York State Department of Environmental Conservation’s letter outlining their environmental concerns regarding the proposed Orchard Park Community Life Care.
The resolution was unanimously adopted.
16) 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 reports as listed on the agenda: 1) The November 2000 Police Chief’s Report, 2) The November 2000 Building Inspector’s Report and Building Permits.
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: He asked if it is the job of the Zoning Board of Appeals to render service under a hardship. The Deputy Town Attorney stated that each decision is supposed to be reviewed individually.
There being no business from the floor, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 8:29 PM.
Respectfully Submitted
Janis A. Colarusso
Town Clerk