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 7th day of June 2000 at 8:00 P.M., (local time). The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
John J. Mills Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Steven P. McCarville Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Michael R. Merritt Town Engineer
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Councilman Buyer was not present at roll call due to some personal business he had to attend to. He joined his fellow Board Members at 8:20 P.M.
Before the meeting commenced Councilwoman Ackerman introduced Tom McGinty, Director of the Youth Board, who had a special presentation for three graduating seniors who are members of Youth Court: Amanda Andrews, Matt Sabuda & Scott Hayes. Mr. McGinty wished to pay a special tribute to these seniors who have given three years to the Youth Court and touched the lives of many people. He said the entire community thanks them for their continuous efforts.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the minutes of the Town Board meeting held on May 17, 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 SUPERVISOR CUDNEY WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the request for a Building Permit to Carmina Silvestri, vacant land, west side of Sterling Drive, Orchard Park NY, to construct a 53,600 square foot medical office building as recommended by the Planning Board, 5/10/00, with the following stipulations:
§ This is an unlisted SEQR Action based on the submitted Full EAF Parts 1 and 2 and a Negative Declaration is made.
§ A Landscape completion bond in the amount of $24,420.00, or a certified check in the amount of $12,210.00, shall be submitted to the Town Clerk prior to a building permit being issued, in accordance with the Conservation Board minutes for the approved Landscape plan which includes 35.8% green space.
§ The site lighting plan is limited to those fixtures and poles indicated on the approved site plan, and the petitioner agrees to use cut-offs on the perimeter lights and to place the outside lights on timers to reduce parking lot lighting consistent with hours of operation and necessary security levels.
§ No outside storage or display is permitted.
§ Dumpsters as shown shall be screened along with any additional Dumpster, all of which shall be screened in accordance with Section 144-25 of the Town Code.
§ Engineering approval was granted on 5/10/00.
§ Documentation that the applicant has access to purchase additional land north or west for future parking will be provided. The Building Inspector shall review each Certificate of Occupancy and refer the petitioner back to the Planning Board when suites, uses and employee levels reach 90% of the proposed parking level. Per section 149-29A(2), 172 parking spaces will be provided in lieu of the 178 required per code.
§ The ditch along the private road, which is being piped and is located on Acquest’s property, will remain private and the maintenance will be private and the right of entry has been provided from Acquest for them to complete that work.
3) 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 approve the Public Stable Permit for Quakerfield, Inc., 4760 Freeman Road for the year 2000, as recommended by the Building Inspector.
The resolution was unanimously adopted.
4) 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 approve the request of the residents on Daisy Lane to hold a Block Party on Saturday, July 22, 2000, with a rain date of July 23, 2000, and to barricade the street from 10:00 AM to 10:00 PM.
The resolution was duly adopted.
5) 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 approve the request of the residents on Independence Heights to hold a Block Party, Saturday, July 15, 2000, and also to barricade the cul-de-sac.
The resolution was duly adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following Spring/Summer 2000 Recreation Staff appointments, dependent upon the applicants providing the required certifications, as recommended by the Recreation Director:
Katie Krueger 104 Stonehenge Drive Aide $5.40
Amanda Lullo 6314 Armor Road Guard $5.60
Brooke Urban 73 Minden Drive Aide $5.40
Tamara Strong 117 Old Orchard Lane Guard $5.60
Matthew Rozwood 4944 Richard Avenue Guard $5.75
Valerie Gehring 51 Lakewood Aide $5.40
Laura McCann 93 Tanglewood Guard $5.75
Patricia Hodskins 6925 East Quaker Guard/WSI $6.20
Bernadette Smith 39 Rainbow Terrace Director $6.75
Robert Bergner 8419 Heath Road Director $6.50
Sue Wiencek 6344 Milestrip Road Sub. $6.75
Pam Martin 6146 Powers Road Guard $5.95
Elizabeth Forrest 123 S. Ridge Dr. WS Director $6.25
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of United Methodist Church of Orchard Park, 3700 North Buffalo St., to place 3’ x 6” temporary signs on their property to advertise a craft sale from 7/1/00 to 8/15/00 and from 9/23/00 to 10/14/00 to the Building Inspector.
The resolution was unanimously adopted.
8) 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 refer the request of the residents on Sunset Terrace and Hartloff Place for a traffic study to the Public Safety Committee.
The resolution was unanimously adopted.
9) 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 Supervisor to submit, on behalf of the Orchard Park Town Justice Court, with the Village of Orchard Park and its Court, an application to the State of New York Unified Court System, Justice Court Assistance Program requesting $ 3,401.00 for the purchase of a personal computer; a laser jet printer; and CD-ROM compendia of New York State Statutes and case laws and grant funds will also be used for training of court staff in the use of the above hardware/software.
The resolution was unanimously adopted.
10) 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 following budget transfer as requested by the Town Assessor and recommended by the Supervisor:
$1200.00 From: A.1355.000.427 Star Expenses
To: A.1355.000.136 Star Salary
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Divine Tower International Corporation has submitted a letter of intent to construct a 150 foot wireless telecommunications monopole and related shelter, to replace an existing 150 foot tower at 3748 Southwestern Blvd., and
WHEREAS, the project will include the addition of twelve 4’-0 tall panel type antennas mounted at the top of the proposed monopole, and
WHEREAS, variances have been applied for from the Zoning Board of Appeals with respect to both the new monopole and shelter, and the Chairman of the Zoning Board of Appeals has asked the Town Board to refer this to the Planning Board
RESOLVED, that the Town Board does hereby refer this request to construct a 150 foot monopole to Planning Board, pending the action taken by the Zoning Board of Appeals
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the Town of Orchard Park has signed an Intermuncipal Agreement with the Village of Orchard Park relative to the Economic Development Committee, and
WHEREAS, the Committee had discussed expanding the number of people on the committee by one from a list of candidates supplied by the Chamber of Commerce,
RESOLVED, that the Town Board does hereby authorize the amending of the Intermunicipal Agreement with the Village, regarding the Economic Development Committee, to expand the number of people on the committee by one from a list of candidates supplied by the Chamber of Commerce, and appointed by the Economic Development Committee.
The resolution was unanimously adopted.
Supervisor Cudney received a communication from New York State Department of Transportation announcing that the State Budget included funding for the Consolidated Local Street and Highway Improvement Program (CHIPS). Orchard Park is receiving a capital apportionment of $65,586.08 and an operation and maintenance apportionment for $17,697.37.
Councilman Buyer commented on the article in the Citizen stating that the New York State Department of Transportation is going to conduct a new study of the Big Tree/ California intersection, this comes one year after rejecting the Town’s request for a traffic signal at this site. He was glad to hear that they are reconsidering their decision.
Mr. Buyer also stated that there have been inquires by Oldies 104 radio station to do a live broadcast at the Fourth of July Parade. Activities will follow at the Pavilion. He stated that the people who have worked so hard to make the Fourth of July celebration what it is, should be proud of their accomplishments.
Councilwoman Ackerman had a few announcements. The household hazardous waste day is going to be June 17th at Erie Community College, from 9:00 am to 2:00 pm. She also announced that there will be two meetings for the residents to meet and discuss their community concerns with Wendel Engineer, the firm that is helping develop a Master Plan with the Town, Village and the Orchard Park School Districts. The meetings are scheduled for June 8th and June 13th. The Town Board encourages everyone to attend and express their opinions, and talk about what issues are important to the town residents.
Councilman McCarville said the Summer Recreation Program registration starts on Saturday, June 10th and the Fall Soccer Program registration is also taking place.
Building Inspector, Joe Campion, stated that August Munk, who was directed by the courts to clean up his property on Big Tree Road, has not even put a dent in cleaning up his yard. Tomorrow night the Orchard Park Town courts will further rule on this situation.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a bid opening on June 26, 2000, at 11:00 AM (local time) in the Supervisor’s conference room for one set of snow plow equipment, dump body and salt spreader, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
Town Engineer, Michael Merritt, stated that the Town has issued an annual drinking water quality report to the water customers in Districts #1, 4, 8 & 20, which discusses the quality of our drinking water, water conservation and the water system itself. The Town tests the water for contaminants and has again met all the Federal quality standards for the drinking water. This report is available in the Town Clerk’s office for anyone to review.
Mr. Merritt announced that, in conjunction with the Town wide water study, a questionnaire/survey is going to be sent to the property owners in the southwest portion of the town. The questionnaire is to find out if the quantity and quality of water is sufficient for the residents, and if they would be interested in obtaining public water. The results of the survey will determine if there is sufficient amount of interest to look into public water and possibly create a new water district. It will then be necessary to determine the feasibility and expense of developing a new water district, and how much it will cost the residents who want public water. Mr. Merritt said there already has been some interest by the residents of the Seufert Road area in obtaining water service.
14) 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 #11, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$155,352.06 |
|
Part Town Fund |
$3,416.20 |
|
Risk Retention |
$920.60 |
|
Highway Fund |
$33,594.73 |
|
Special Districts |
$67,090.27 |
|
Trust & Agency |
$47,331.56 |
|
Capital Fund |
$30,345.10 |
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications as entered on the agenda: 1) Orchard Park Central School District letter stating that Vicki Jefferies and Richard Jablonski have been elected as Members of the Board of Education, 2) Household Hazardous Waste Drop Off Day at Erie Community College, South Campus.
The resolution was unanimously adopted.
RESOLVED, that the Town Board is hereby authorize to receive and file the following Reports as entered on the agenda: Orchard Park Police Department’s Monthly Report for May, 2000.
The resolution was unanimously adopted.
Greg Robinson, 310 Sunset Terrace: Mr. Robinson states the Z curve on Sunset Terrace is a hazardous spot where accidents occur often. Mr. Robinson presented a petition from the residents on Sunset Terrace, and maps of the area, to the Town Board with a letter requesting a study be conducted of the area. With the traffic on Buffalo Street becoming so congested, more people are using Sunset Terrace as a way around the village; therefore the residents would like to see something done to make this area safer.
Angelo Amato, 5796 Seufert Road: Mr. Amato presented a petition to the Town Board requesting public water for the Seufert Road and to become part of Water District 17, Extension 3. The residents of the area continually have water shortages that affect their quality of life, and also have water quality problems as well. He said the residents realize the financial aspect of this project will be enormous, and the residents hope that the Town can help them by possible finding a grant to help with the costs.
George Preshoff, 5721 Seufert Road: Mr Preshoff is a volunteer fireman for Hillcrest Fire Company. He stated the Seufert Road area is the farthest from any firehouse in Orchard Park. If there were a fire in that area, the logistics of fighting that fire would be difficult and cumbersome. At this time he does have enough water, but the quality is bad.
Bob Francits, 4270 California Road: Mr. Francits wished to thank everyone involved with getting the State to take a second look at installing a signal light at the California Road/Big Tree Road intersection.
There being no further business before the Town Board, on motion by Councilman McCarville, seconded by Councilman Buyer, 8:59 PM the meeting was adjourned.
Respectfully Submitted
Janis A. Colarusso
Town Clerk