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 1st day of March, 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
Samuel M. McCune Chief of Police
Michael R. Merritt Town Engineer
Joseph M. Campion Building Inspector - 8:20 P.M.
ABSENT: Nancy W. Ackerman Councilwoman
Ronald A. Geitter Superintendent of Highways
The Building Inspector, Joseph M. Campion arrived to the Town Board Meeting at 8:20 P.M. Mr. Campion had to attend the Planning Board Meeting that coincided with the Town Board Meeting.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the Town Board meeting held on February 16, 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 BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Town of Orchard Park did receive and open bids in the Supervisor’s Conference Room on the 22nd day of February 2000, at 10:00 A.M. (local time), for “Four (4) Mobil Data Terminals” for the Orchard Park Police Department
RESOLVED, that the Town Board does hereby award the bid for the “Four Mobil Data Terminals” for the Police Department to Veridian Engineering, 4455 Genesee Street, Buffalo, New York 14225, being the lowest responsible bidder, in the amount of $4,520.00 for each terminal, as recommended by the Chief of Police.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, BUYER & McCARVILLE, TO WIT:
WHEREAS, the Town of Hamburg on April 27, 1998 became the first Western New York municipality to call for a study of the removal of the New York State Thruway Authority toll barriers Lackawanna, Blasdell, Hamburg and Eden/Evans, and eventually called for the removal of all tolls from within the commuting range of Buffalo, and
WHEREAS, this study had been agreed to by the New York State Thruway Authority and the Greater Buffalo Niagara Regional Transportation Committee with the assistance of New York State Senator Dale Volker, and is expected to be completed within the next two months, and
WHEREAS, the recent announcement that the New York State Thruway Authority is imposing an increase in the amount of tolls paid by motorists on the Thruway System is poor timing at best and unconscionable at worst, given that all tolls were originally due to expire four years ago
NOW, THEREFORE, be it
RESOLVED, that the Town of Orchard Park opposes the increase in Thruway tolls, and call on the Governor of New York State and the New York State Thruway Authority Chairman to rescind the toll increase, and urges the expedited completion of study to remove toll barriers from within the commuting range of Buffalo, and be it further
RESOLVED, the Town of Orchard Park agrees a study should be done by the New York State Thruway Authority and the Greater Buffalo Niagara Regional Transportation Committee with the assistance of Senator Dale Volker, and be it further
RESOLVED, certified copies of this resolution are to be sent to the Chairman of the New York State Thruway Authority, Governor Pataki, the Western New York State Delegation, the Erie County Executive and Chairman of the County Legislature, and the Mayors and City Council Presidents of Buffalo and Lackawanna, and the Supervisors of West Seneca, Eden, Boston, Grand Island, and the Mayors of the Villages of Blasdell and Hamburg.
At this time Councilman Buyer stated he received information from Albany that suggested an alternative that might be considered. One example is if responsibility for the New York State canal system were to be shifted to the New York State Parks Office, the transfer of canal operations would save approximately 55 million a year for the Thruway Authority, thereby making toll increases unnecessary. He stated the savings could be used for Thruway improvements.
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 authorize the Supervisor to sign an Agreement with Inter-media Communications for internet services for the Town of Orchard Park.
Supervisor Cudney stated that the Town has been investigating getting Internet access. The company that has been chosen is under the state bid. The Town will be signing up with Intermedia Communications under the State contract price of $13.88 per month.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of David Borodzik, Quaker Days Co-chair, to hold Quaker Days on July 28 & 29, 2000, and be it further
RESOLVED, that the Town Board does hereby approve the Quaker Day event to be included in the Town’s insurance rider for that weekend.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, at the February 16, 2000 meeting the Town Board allocated $50,000 in Capital Reserve Funds for the Orchard Park Library Roof Replacement Project, and
WHEREAS, the Facilities Assessment Study prepared by Clark Patterson Associates in July 1998 identified replacing the original (1971) shingle roof along with related miscellaneous exterior repair work and adding attic ventilation as priorities, and
WHEREAS, Clark Patterson has submitted a proposal to complete detailed design work for the ventilation and moisture control systems to be incorporated in the project
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Clark Patterson Associates, 186 North Water Street, Rochester, New York 14604 to provide architectural services for the preparation of plans, specifications and bid documents for the Orchard Park Library Roof Replacement Project at a fee not to exceed $ 6,400.00, as recommended by the Town Engineer.
New Business #5 Provide Inspection Services for Forest Creek Sub. Pt. 1, Phase 2, PIP #99-04
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, on September 1, 1999 the Town Board approved PIP #99-04, Forest Creek Estates Subdivision, Part 1, Phase 2 and also retained the consultant firm of Krehbiel Associates to provide the services of Mr. Elmer Thoman for on-site inspection of the construction work, and
WHEREAS, the Town previously received $27,250.00 in PIP fees from the developer for this project, and
WHEREAS, Krehbiel Associates has gone out of business, and
WHEREAS, Mr. Thoman is now employed by Wm. Schutt & Associates, and it is in the Town’s best interest to continue the inspection of this project with Mr. Thoman, and have solicited a proposal from his new firm to that effect
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Wm. Schutt & Associates, P.C., 5360 Genesee Street, P.O. Box 46, Bowmansville, New York, 14026-0046 to provide inspection services under PIP #99-04 for the construction of the Forest Creek Estates Subdivision, Part1, Phase 2 at a billing rate of $ 40.00/hour, as recommended by the Town Engineer.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board hereby authorize Supervisor Cudney, a representative of the legal department and a member of the Conservation Board, to attend a conference on the Purchase of Development Rights on Farm Land on March 14, 2000 in Batavia, New York at a cost of $25.00 per person.
The resolution was unanimously adopted.
Supervisor Cudney stated that she has received a notice from the West Seneca Supervisor, Paul Clark, in which he invited the Supervisors and Mayors of Western New York to join him, in the City of Buffalo, for a bi-partisan non-controversial support of the Adelphia Communications Corp. efforts to build a new structure on the waterfront and to bring 1000 new jobs to Western New York. No one has asked the elected officials for their support, but the officials feel it is important to send the message that they do not want these private sector jobs to get away from Western New York.
Councilman
Mills stated that Councilwoman Ackerman is absent tonight as she is with Dr. Cellino
of Orchard Park, and other individuals, doing missionary
work in Haiti. Councilman Mills also commented on the
Association of Towns meeting he attended in New York City
with Town Attorney Berkowitz,
Deputy Town Attorney Abate, Councilman McCarville, Tax Receiver Hutton and the
Office Manager/Bookkeeper Karen Barnas. He said the classes were very
beneficial, especially the SEQR class regarding the Environmental Impact
Statements Long & Short forms. Councilman Mills also attended a class on
bonding issues in which it was stated that the long term operation and
maintenance costs should be projected when doing the bonding.
Councilman Buyer congratulated Joe Iannarelli, Orchard Park Editor of the “The Bee” on his new job position. Councilman Buyer said that over the four years Joe has been reporting on the events in Orchard Park, his professionalism and presentation has been thorough and accurate. Joe’s level of professionalism and commitment to his job have obviously been recognized as he is going on to a new position at Buffalo First Newspaper Group.
Councilman McCarville said he was impressed by the number of people and the outstanding programs at his first Association of Towns Meeting in New York City. He stated he attended a seminar on insurance and said he feels good about the way the Town is handling their insurance coverage’s. Councilman McCarville also attended an excellent meeting regarding our youth. He stated it dealt with how the youth of the community perceive not only the adults, but the government, and that it is important for the youths to be welcomed and to be an important part of the community.
Town Clerk Colarusso congratulated Joe Iannarelli on his new job and said that on behalf of her office, he was going to be truly missed. He is an excellent reporter and has become a good friend. Town Clerk Colarusso said the Presidential Primary Election is next Tuesday, March 7, 2000. She stated this primary election all registered voters will be voting for the delegates for the Presidential candidates, not the candidates themselves. The polling sites will be consolidated and they will be open from 6:00 AM to 9:00 PM.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town has received a contract offer from Leona Rucker for property located at 4248 South Taylor Road, and
WHEREAS, this property is adjacent to the Town Highway Garage property and will improve the Highway Garage parcel
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorizes the Supervisor to sign the contract offer, from Leona Rucker for property at 4248 South Taylor Road, in the sum of $114,000 with a deposit of $1,000.00, and be it further
RESOLVED, that the Town does hereby authorize the Town Engineer to retain an engineering firm to do a Phase I Environmental Study not to exceed $1000.00, as recommended by the Town Attorney.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Orchard Park Commerce Center has sold a parcel of land to Air Cargo to construct a new office building, and
WHEREAS, the parcel of land sold to Air Cargo is subject to a mortgage by the town of Orchard Park to ensure that there is a sum up to $90,000 to construct a traffic signal in the event that a traffic signal is required by the Department of Transportation, and
WHEREAS, the Orchard Park Local Development corporation has already agreed to substitute the same lands for the mortgage from the Orchard Park Commerce Center to the Orchard Park Local Development Corporation to ensure payment of approximately $317,000 due on the mortgage to the Orchard Park Local Development Corporation, and
WHEREAS, the land has been appraised as having a value in excess of $500,000, thus the land has more than sufficient value to secure the $90,000 required to construct the traffic signal
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the agreement with the Orchard Park Commerce Center, Inc. to substitute property mortgaged by the Town of Orchard Park with other lands as indicated in the agreement, as recommended by the Town Attorney.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #5, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$74,507.23 |
|||
|
Part Town Fund |
$3,360.10 |
|||
|
Risk Retention |
$632.04 |
|||
|
Highway Fund |
$35,687.36 |
|||
|
Special Districts |
$5,399.00 |
|||
|
Trust & Agency |
$6,323.16 |
|||
|
Capital Fund |
$9,572.12 |
|||
|
|
|
|
|
The resolution was unanimously adopted.
12) 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 receive and file the following communications: 1) Department of Environment & Planning: Erie County “Right to Farm” 2) New York State Department of Motor Vehicles: mandatory surcharge of $30.00 for violations relating to handicapped parking.
Supervisor Cudney said that the “Right to Farm” law passed by Erie County requires that contracts for sale or transfer of residential real property in Erie County must contain specific language informing prospective buyers that farming occurs in Erie County and that farmers have the right to practice their occupation even though it may cause inconvenience to nearby neighbors. A map of the approved Agricultural Districts was included.
The resolution was unanimously adopted.
RESOLVED, that the Town Board does hereby authorize to receive and file the following report as entered on the agenda: Supervisor’s Annual Report for the Fiscal Year 1999.
The resolution was unanimously adopted.
Councilman Mills requested that the meeting this evening be closed in the honor and memory of Jack Fox, Sr. who passed away on February 29th of this year. Jack married Leona Riemer and was a landscaper in Orchard Park for many years. He served on the Zoning Board of Appeals in the 50’s and 60’s, and served as Chairman of that Board as well. Jack Fox contributed a lot to this community over the years and will be missed by many people.
Supervisor Cudney requested a moment of silence in honor and memory of Jack Fox, Sr.
There being no more business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman Mills, the meeting was adjourned at 8:39 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk