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 16th day of February, 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
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
ABSENT: Joseph M. Campion Building Inspector
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the minutes of the Town Board meeting held on February 2, 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.
At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of an Amendment to the Zoning Ordinance which provides as follows:
I. Repeal Planned Unit Development Ordinance § 144-47 through § 144-55, inclusive
Cluster Development shall require Special Exception Use permit in accordance with Town Code 144-43. Upon granting of a Special Exemption Use Permit, the Planning Board shall review and grant approval for the Preliminary and Final Plat Approvals pursuant to their administration of the Subdivision Regulations of the Town of Orchard Park and this section.
Cluster Development shall not be considered an allowable use unless it is approved by the Town Board to achieve the goals set out in these regulations and New York State Town Law S277.
The Town Board, upon review, may find the proposed Cluster Development Plan not in accordance with the purposes or requirements of this article.
B. Purpose:
The purpose of Cluster Development zoning regulations is to provide alternative design strategies to conventional development, thereby encouraging the preservation of natural areas.
The intent of Cluster Development is to achieve the following objectives:
§ To preserve natural open space.
§ To enhance the rural character of the Town by protecting, preserving and conserving existing rural landscapes viewscapes and historical resources.
§ To preserve unsubdivided land which enhances the appearance, character or natural beauty of an area.
§ To preserve unsubdivided land for park or recreational purposes.
§ To preserve natural resources and wildlife habitats.
§ To protect streams, rivers and ponds so as to avoid flooding, erosion and water pollution.
§ To promote the most efficient use of the town’s resources.
C. General Regulations:
1. Ownership of the land to be developed:
The tract of land proposed for a cluster project may be owned, leased or controlled by an individual, corporation or group of individuals or corporations. An application must be filed by the owner or jointly by the group of owners of all property included in the project. In the case of multiple ownership, the approval plan shall be binding on all owners.
2. Permitted districts:
Cluster development shall be permitted in the R1 and R2 Residential Districts and A1 Agricultural District provided the proposed tract of land is served with both public water and sanitary sewer.
3. Minimum development area:
The minimum area required to propose a cluster development is forty (40) contiguous total gross acres of developable land per section D. The Planning and Town Boards may consider projects with less acreage if contiguous to an existing cluster development.
4. Permitted Use:
Single family dwellings.
D. Dimensional Standards:
1. Maximum density of number of dwelling units permitted:
The maximum number of dwelling units in a cluster development shall not exceed the maximum number of dwelling units in a standard subdivision in the same residential zone as the proposed development.
Prior to determining the number of units and/or building lots, the parcel to be developed shall be adjusted as follows:
a) Lands utilized by public utilities, structures, recorded easements, rights-of-way and buffer zone setbacks shall be subtracted from the total gross area.
b) Floodplains, water bodies, marsh areas, designated wetlands, alluvial, poorly drained and unstable soils shall be subtracted from the total gross area.
c) Any areas deemed unfavorable or unbuildable by the Planning Board because of topographic, geologic or hydrological characteristics and slopes greater than 15% shall be subtracted from the total gross area.
d) For the purpose of providing land for public streets after deductions have been made for sections D1a,b and c, 10% of the remaining area shall be subtracted from the total gross acres.
The adjusted total gross area of the parcel, as determined by 4-a,b,c, and d, shall then be used to compute the maximum number of dwelling units and/or building lots permitted in the zone that it is in.
2. Minimum required open space land:
The subdivision must include a minimum of 50% of the adjusted total gross area as open space. This land shall not be used for residential lots.
3. Minimum lot size in a cluster development is:
50% of the standard lot size in the zone.
4. Minimum yards: R1 R2 A1
Lot Width 90’ 90’ 120’
Front 30’ 30’ 50’
Rear 30’ 30’ 50’
Side 10’ 10’ 20’
5. Maximum Lot Coverage:
25% maximum coverage on each R1 and R2 lot and 12% maximum coverage on each A1 lot.
6. Minimum habitable floor area and all other zoning requirements:
Shall be the current zoning regulations for each district.
E. Subdivision Design Standards:
1. House lots shall not encroach upon the open space areas.
2. All house lots shall meet the following buffer zone setback requirements.
From existing public street lines bordering the tract - 100 feet
From Cluster Development tract boundaries - 50 feet
3. Views of house lots from external roads bordering the tract and abutting properties shall be minimized by the use of existing vegetation, changes in topography or additional landscaping. A viewshed shall be prepared by a licensed landscape architect and submitted for review and approval.
4. House lots shall be accessed from Cluster Development streets rather than from existing public streets bordering the tract.
F. Open Space Land Use and Design Standards:
1. Permitted Uses:
a) Conservation of Open Land in its natural state.
b) Neighborhood Open Space such as village greens, commons, trails and low impact recreation areas, excluding motorized off road vehicles, rifle ranges and other uses similar in character and impact.
c) Active non-commercial recreation areas, such as playing fields, playgrounds, courts and bikeways, provided such areas do not consume more than 10% of the open space and not exceed 5 acres.
d) Water detention areas, landscaped and available for use as an integral part of the Open Space.
e) Easements for access, drainage, sewer, water lines and other public purposes.
f) Underground utility rights-of-way. Above ground utility and street rights-of-way may traverse conservation areas but not count toward the minimum required Open Space.
2. Design Standards:
a) Open Space lands shall be laid out in accordance to the Town Comprehensive Plan.
b) The Open Space land shall comprise 50% of the adjusted tract acreage.
c) The land shall remain undivided and maintained by a homeowners’ association, land trust or municipality.
d) Pedestrian and maintenance access shall be provided to Open Space lands. Each neighborhood shall provide one centrally located access point per 15 lots. Each access point shall be a minimum of 35 feet in width.
e) All Open Space shall require a landscape plan designed to maintain and preserve the existing natural landscape and protect the existing wooded areas.
G. Permanent Open Space Protection:
H. Ownership and Maintenance of Open Space and Common Facilities:
1. Ownership of common property may be one or a combination of the following methods:
a. Dedication to the Town of Orchard Park:
Open space shall be initially offered for dedication to the municipality. The Town may, but shall not be required to, accept any portion of the common property provided that:
§ There is no cost of acquisition to the town.
§ The public has access to the property.
§ The town agrees to maintain the property.
b. Homeowner’s Association:
Common facilities may be held in common ownership by a homeowners’ association subject to all state regulations and statutes.
§ A description of the organization including bylaws, documents governing ownership maintenance and use restrictions shall be provided.
§ The proposed association is established and operating before the sale of any dwelling units.
§ Membership in the organization is mandatory.
§ The association is responsible for maintenance and insurance of common facilities.
§ The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid with accrued interest before the lien may be lifted.
§ The association shall have adequate staff to administer, maintain and operate such common facilities.
§ The Open Space is permanently restricted from future development through a conservation easement and the Town is given the ability to enforce these restrictions.
c. Private Conservation Organization
With permission of the Town, fee simple title of the Open Space or easements on the Open Space may be transferred to a private non-profit conservation organization provided that:
§ It is acceptable to the Town.
§ The conveyance contains provisions to revert back to the homeowner’s association in the event the organization is unwilling or unable to continue carrying out its functions.
§ The Open Space is permanently restricted from future development through a conservation easement and the Town is given the ability to enforce these restrictions.
§ A maintenance agreement acceptable to the Town is established.
2. Maintenance:
a. Unless otherwise agreed to by the Town Board the cost and responsibility of maintenance of common property shall be born by the property owner, homeowner association or conservation organization.
§ The applicant shall at the time of preliminary plan submission, provide a Plan for Maintenance of Common Property and Open Space.
§ The plan shall define ownership.
§ The plan shall establish regular and periodic operation and maintenance responsibilities.
§ The plan shall establish staffing needs, insurance requirements association costs, and define the means of funding maintenance and operations. This shall include the means for funding long term improvements as well as annual operating and maintenance.
§ At the Town’s Discretion, the applicant may be required to escrow sufficient funds for maintenance and operations for up to one year.
§ Any changes shall be approved by the Town Board.
b. In the event that an organization established to maintain the common open space fails to do so the Town may assume responsibility for maintenance and any escrow funds forfeit and permits revoked.
c. The Town may enter the premises and take corrective action. The costs of which may be charged to the individual property owners, homeowners association or conservation organization. Such costs shall become a lien on said properties filed by the Town.
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.
At this time the Supervisor stated that the Public Hearing was now open and she asked if there was any interested person who desired to be heard. Before anyone spoke Councilman Mills, Liaison to the Zoning Commission, who made the recommendations about this ordinance, introduced members of the Zoning Commission who could give a short presentation.
Councilman Mills introduced Ann Bergantz. He stated Mrs. Bergantz headed up the sub-committee of the Zoning Commission for the P.U.D. and Cluster Ordinance, and the committee that drafted the Cluster Development Ordinance. Councilman Mills also introduced other members of the Zoning Commission that were sitting in the audience: John Willis, Vince Funigiello, John Bernard – Chairman for the Zoning Commission, and Marvion Ashburn.
Ann Bergantz, 320 Stonehenge, stated the members of the residential and agricultural sub-committee of the Zoning Commission took a look at the Cluster Development Ordinance as the Town had some serious questions about the way it was written. In the course of their research, they did rewrite the new Zoning Code Ordinance. The purpose of this new ordinance is to help the Town conserve open space as development occurs. This is not to encourage development, but to provide tools for the Town so that when development occurs, the Town has a method to require more than lots & streets from the developer. A developer would be required to put 50% of the land aside as open space, and the development would be equal to the density of a traditional development. The allowable zones for this kind of development would be R-1, R-2 and A-1. Ms. Bergantz then proceeded to discuss some of the particulars of the ordinance. Councilman Buyer asked Ms. Bergantz if the Zoning Commission recommends approval of this ordinance. Ms. Bergantz said that even with several differences of opinion, when they took the vote, it passed. Therefore, the Zoning Commission does recommend approval of the Cluster Development Ordinance.
PROPONENTS:
Richard Leonard, 33 Burbank Drive: feels this ordinance is well written and offers a wonderful opportunity to save open space and he commends the Zoning Commission for their fine work.
John Bernard, Chairman of the Zoning Commission: said that the Zoning Commission was charged by the Town Board to redraft the Cluster Development Ordinance and the final draft was approved by the Zoning Commission. He then proceeded to give further clarification of the ordinance.
Ed Martindale, 190 Lawrence, Former Member of the Planning Board: said he was in favor of the Cluster Development Ordinance. He commended the Town Board and the Zoning Commission for their preparation of this Ordinance. Mr. Martindale said he had a few suggestions to offer before it is adopted. He then gave the Town Board a copy of his comments for review. This letter will be in the Cluster Development file.
John Willis, 5545 Draudt Road, member of the Zoning Commission; has lived in other areas that have Cluster Developments, but these development are called by much nicer names such as Conservation Subdivision. Throughout the county this is a very effective tool, and these communities achieved greater value when compared to regular subdivisions. This Ordinance will be a good tool and should be maintained.
James Loesch, Chairman for the Conservation Board: Sent a letter from the Conservation Board that Supervisor Cudney read to the public:
“The Conservation Board recommends the following changes to the proposed cluster development regulation; It is recommended that no cluster development be permitted in the A-1 District. The Town Board has adopted the Town of Orchard Park Conservation Board Open Space Master Plan recommendations, which specifically state that “residential growth in the agricultural zone of town should be discouraged. Sewers should not be extended into the agricultural zone, and subdivision should be discouraged. The rural areas of town are generally considered to be the most scenic. Their protection helps to retain a rural environment. It is important to minimize urbanization of these zones”
C. General Regulations
F. Open Space Land Use & Design Standards
2. Design Standards-It is recommended that landscape plans, where required, shall be completed by a registered Landscape Architect.
I. Ownership and Maintenance of Open Space and Common Facilities.
1. Ownership-The Town should be bound by the same restrictions as imposed on a homeowner and/or private conservation organization with respect to permanent restriction from future development.”
RESOLVED, that the Public Hearing in the matter of an amendment to the Town Code of Ordinances regarding I) Repeal Planned Unit Development Ordinance § 144-47 through § 144-55, inclusive, II) Repeal Existing Cluster Development Ordinance § 144-45 through § 144-46, inclusive, and III) §144-45 Cluster Development is hereby closed at 8: 37 PM (local time).
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the existing Planned Unit Development and Cluster Development Ordinances are now outdated and inadequate
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby Repeal Planned Unit Development Ordinance §144-47 through §144-55 inclusive and Repeal Existing Cluster Development Ordinance §144-45 through §144-46 inclusive, with a Negative Declaration on SEQR issues.
Supervisor Cudney asked the Town Attorney, Leonard Berkowitz, if the proper steps had been taken for a Negative Declaration. Town Attorney stated the Planning Coordinator had filed the appropriate papers and the Town Board can make the determination that there will be no significant impact on the environment with the repeal of these two ordinances.
It was the consensus of the Town Board that the Zoning Commission did a great job researching and developing the new Cluster Development Ordinance and commends them for their outstanding job, but as indicated tonight by the comments of interested citizens, this Ordinance needs more work before it is adopted. The Town Board wants to review this ordinance further and obtain the input of other interested people and qualified professionals before moving forward on the new Cluster Development Ordinance.
The resolution was unanimously adopted.
4) 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 seek Lead Agency Status for the proposed West Seneca Rotary Foundation Golf Course, Planning Board file #33-99, vacant land bordering Transit Road, Southwestern Boulevard, Michael Road and Angle Road, and require the SEQR form submitted to include a Part Three to address several environmental impacts, as recommended by the Planning Board on 2/9/00.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, there is presently pending before the Zoning Board of Appeals variances relating to the premises at 4956 and 4968 Chestnut Ridge Road, a proposed gas station, which is further described as, SBL #172.20-1-17 and SBL #172.20-1-16, respectively; and
WHEREAS, a coordinated review of this project has been commenced by the Zoning Board of Appeals; and
WHEREAS, the Zoning Board of Appeals has sought lead agency to conduct a coordinated review of the above referenced project pursuant to the State Environmental Quality Review Act;
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby seeks Lead Agency Status to conduct a coordinated review of the above referenced project pursuant to the State Environmental Quality Review Act; and be it further
RESOLVED, that the Town Board does hereby respectfully request the Zoning Board of Appeals rescind its resolution seeking lead agency to allow this Town Board to act as Lead Agency.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby schedule a Public Hearing, on the 15th day of March 2000, at 8:00 PM (local time), in the matter of Local Law #1-2000, which will allow the Police Department to request Computerized Criminal History Information (CCHI) of each applicant for the Orchard Park Fire District and the Orchard Park Police Department.
Police Chief McCune explained the Local Law on the books at this time requires an applicant to submit fingerprints for a background investigation. This is a time consuming and expensive process that could be streamlined by authorizing the Police Department to run a background investigation similar to a criminal investigation. It is a computer generated rap sheet that is requested through Criminal Justice Services that is strictly controlled and this would stream line the process for background checks.
The resolution was unanimously adopted.
7) 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 refer the request of Patrick Callahan, 15 Greenwood Drive, for Special Exception Use in R-1 zone to construct a tennis court on sub lot 262 cover 2334 in Eagle Heights sub division to the Planning Board and Conservation Board.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board has identified the Town’s future capital needs in a Capital Plan, and
WHEREAS, the Town wishes to proceed with appropriate planning, engineering, design and construction of several projects, and
WHEREAS, funding for current and certain future capital needs are available in the Highway Fund – Fund Balance
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the 2000 adopted budget to appropriate $100,000 of Highway Fund – Fund Balance to be transferred to the Baker Road Highway and Bridge Design Capital Project Fund (project H20). The maximum authorized expenditures for this project is $200,000.
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board has identified the Town’s future capital needs in a Capital Plan, and
WHEREAS, the Town wishes to proceed with appropriate planning, engineering, design and construction of several projects, and
WHEREAS, funding for current and certain future capital needs are available in the Highway Fund – Fund Balance
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the 2000 adopted budget to appropriate $50,000 of Highway Fund – Fund Balance to be transferred to the Road Reconstruction Capital Reserve Fund.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board has identified the Town’s future capital needs in a Capital Plan, and
WHEREAS, the Town wishes to proceed with appropriate planning, engineering, design and construction of several projects, and
WHEREAS, funding for current and certain future capital needs are available in the General Fund – Fund Balance
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the 2000 adopted budget to appropriate $200,000 of General Fund – Fund Balance to be transferred to a newly established capital project entitled “Highway Building Repair and Expansion”. The project is authorized to have a maximum cost of $200,000.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board has identified the Town’s future capital needs in a Capital Plan, and
WHEREAS, the Town wishes to proceed with appropriate planning, engineering, design and construction of several projects, and
WHEREAS, funding for current and certain future capital needs are available in the General Fund – Fund Balance
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the 2000 adopted budget to appropriate $200,000 of General Fund – Fund Balance to be transferred to a newly established capital project entitled “Town Parks Improvement”. The project is authorized to have a maximum cost of $200,000.
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town Board has identified the Town’s future capital needs in a Capital Plan, and
WHEREAS, the Town wishes to proceed with appropriate planning, engineering, design and construction of several projects, and
WHEREAS, funding for current and certain future capital needs are available in the General Fund – Fund Balance
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the 2000 adopted budget to appropriate $50,000 of General Fund – Fund Balance to be transferred to a newly established capital project entitled “Library Roof Repair”. The project is authorized to have a maximum cost of $50,000.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board has identified the Town’s future capital needs in a Capital Plan, and
WHEREAS, the Town wishes to proceed with appropriate planning, engineering, design and construction of several projects, and
WHEREAS, funding for current and certain future capital needs are available in the General Fund – Fund Balance
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the 2000 adopted budget to appropriate $150,000 of General Fund – Fund Balance to be transferred to a newly established capital project entitled “Land Acquisition”.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town Board has identified the Town’s future capital need in a Capital Plan, and
WHEREAS, the Town wishes to proceed with funding certain capital needs, and
WHEREAS, funding for certain capital needs are available in the P.I.P. Expendable Trust Fund – Fund Balance
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the transfer of $350,000 from the P.I.P. Expendable
Trust Fund to the “Land Acquisition” Capital Project.
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board has identified the Summit/Lake Avenue area to be in need of drainage capital design and repair, and
WHEREAS, the Town wishes to proceed with appropriate planning, engineering, design and construction of this project, and
WHEREAS, funding for this project is available within the Town’s Drainage Project Capital Reserve,
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the establishment of a capital project to be entitled “Summit/Lake (California Ditch) Drainage”. The project is authorized to have a maximum cost of $150,000, to be funded by a transfer from the Drainage Project Capital Reserve.
The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has completed construction and necessary modifications to the Senior Center, and
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the closing of the Senior Center Capital Project (project H36), with the remaining balance of $63,547.34 transferred to the Municipal Buildings Capital Reserve (project H14).
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the purpose for the Salt Barn Addition Capital Project has been completed and the Town wishes to close such project, and
WHEREAS, said project has a residual balance of $22,356.66, which funds are needed for future improvements to various municipal buildings,
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the closing of the Salt Barn Addition Capital Project (project H11), with the remaining balance of $22,356.66 transferred to the Municipal Buildings Capital Reserve (project H14).
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has identified certain capital improvement needs at the California Road Park, and
WHEREAS, the Town has included the cost of such capital needs within the 2000 adopted budget
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the establishment of a capital project to be entitled “California Road Parkland Improvement Phase 3”. The project is authorized to have a maximum cost of $100,000, to be funded by a budget transfer from the General Fund (appropriation account A.9950.900).
The resolution was unanimously adopted.
Supervisor Cudney stated she was meeting with the Chairman of the Erie County Legislature tomorrow to discuss projects in the Town of Orchard Park that are a priority. At this time she did not mention the projects on the list. She also stated she hopes to meet with the new Department of Public Works Engineer for the County to discuss projects that have been previously scheduled to be done. At this time the Thorn Avenue project was a concern to her. She stated to the Board Members if they have any other items that they would like to be brought up at either meeting, she would be glad to add them to the list. Supervisor Cudney then announced that the Town will be receiving a preliminary report on the Southtowns Regional Master Plan on February 25, 2000, and she will bring this report back to the Town Board and the public.
Councilman Mills stated he received a letter from the County Executive Office, regarding a letter sent by the Southtowns Sewer Treatment Agency to the Buffalo Sewer Authority, in which there were suggested ways they could cooperate in giving the taxpayers less expensive service. Mr. Mills stated the County Executive was pleased for he is an ardent proponent of these types of collaborations. The County Executive also stated in his letter that he would like to be informed of any communications that the Southtowns Sewer Agency has with the Buffalo Sewer Authority on this issue.
Councilwoman Ackerman stated that all parties interested in the Request for Proposal (RFP) for the Town, Village and School Master Plan have completed all the required documentation and submitted it. The review committee will be looking at all the submitted packages to come up with a short list.
Town Engineer Mike Merritt said the bids for the Route 219 improvements, which includes the addition of a south bound entrance ramp and a north bound exit ramp from Armor Duells Road, were due in to the New York State Department of Transportation tomorrow. He stated the bid will not be awarded until after the NYS Budget process is completed. He anticipates the two-year project to begin this summer.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #4, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 85,596.19 |
|
Part Town Fund |
$1,191.55 |
|
Risk Retention |
$825.95 |
|
Highway Fund |
$26,907.65 |
|
Special Districts |
$356,710.07 |
|
Trust & Agency |
$1,048,581.85 |
|
Capital Fund |
$2,684.00 |
The resolution was unanimously adopted.
RESOLVED, that the Town Board does hereby authorize to receive and file the following reports as entered on the agenda: 1) Building Inspector’s monthly report for January 2000 2) Police Chief’s monthly report for January 2000 3) Senior Center 1999Year End Report.
.
The resolution was unanimously adopted.
Mike Crashell, 7283 Michael Road; He just wanted to make sure that the three page handout that was given to the Town Board by Mike, Ray Paolini and Debbie Penn will be part of the Public Record. Supervisor Cudney told Mike that it would be part of the Public Record.
There being no more business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman Mills, the meeting was adjourned at 9:10 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk