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 November 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
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
Supervisor Cudney conducted a ceremony to honor Jimmy Tomkiewicz with a special award for heroism. Jimmy saved the life of his grandfather and uncle in the past month with his bravery and quick thinking.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, the minutes of the Town Board meetings held on October 4, and October 18, 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.
Supervisor Cudney asked the Town Attorney, Leonard Berkowitz, to address a letter sent to the Town Board from Frank Parlato, Attorney for Walter Schmidt, in which he sited the following reasons that this Public Hearing for rezoning should not be validly conducted this evening: The letter notice dated October 17, 2000 cites §144-43(e) as the basis for the public hearing concerning rezoning. That section would be applicable to special exception uses not to zoning amendment. The proper citation would have been §144-69A(1), the signage required to be posted according to the last cited section would have to be 16 square feet. The signs that were posted were approximately 3’ x 3’ or 9 square feet, the posted and published notices state that “a surveyor’s map” is on file in the Town clerk’s Office for on site inspection during regular business hours”. The only map on file is not a surveyor’s map.
The Town Attorney responded as follows: The section quoted in the notice letter sent by the Town Board was incorrect, but the notice letter clearly indicated that it was for a rezoning, the signs were posted, even if they were not sixteen square feet, and were sufficient to give proper notice to the public, there was a map in the Town Clerk’s office for people to review, whether is was a surveyor’s map or not is insignificant. In sum, Mr. Berkowitz suggested that the Public Hearing is properly before the Town Board, and there has been proper notice to everybody that this is a rezoning and that is the issue that is before the Town Board tonight at this Public Hearing.
At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of the Zoning Ordinance to rezone the following area from R-3and D-R to R-2: all those lands that are presently zoned R-3 and D-R located in the area east of the centerline of California Road, west of the centerlines of Duerr Road and Thorn Avenue, and south of the centerline of Big Tree Road.
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 Councilman Buyer wished to address some misperceptions that some of the residents had regarding this rezoning issue: 1) The tax assessments will change with this rezoning, which is not true. 2) This rezoning will allow mobile home parks, which is not true. 3) The zone R-2 is more restrictive than R-3, this is true, but existing structures, and lot sizes, as they are today are not affected. All lots of record would remain the same, and all existing structures would be grandfathered in, as they stand now. 4) The Church home that is proposed for the southeast corner of Big Tree and California Road, there is some thinking that this would be disallowed if it is rezoned from R-3 to R-2. This type of home would be disallowed under either Zoning code. The piece of property would have to be rezoned to business or industrial, in order for the Church home to be permitted in that corner.
Councilwoman Ackerman said she had spoke with Ken Kosokowski from the New York State Department of Transportation regarding the California/Big Tree intersection. She learned that the last official study done on that corner was in September 1998. She also learned that they are currently conducting another study now, and some of the criteria they use to evaluate the site are, the number of cars, and the number of accidents occurring at that intersection. The state uses a rating system that goes from A to F, F being the lowest performing intersection. This intersection is currently rated as an F intersection. She stated it will take the State up to two months to come up with a recommendation as to whether a signal is warranted at this intersection or not.
The following people came forward in favor of the proposed rezoning: Anne Kelly, 4582 California Road; Jim Grucella, corner of California and Big Tree Road; Robert Kelly, 4582 California Road; Judy Pacholic, 4481 California Road; Robert Walker, 4621 California Road; Marlie Smith, 4611 California Road; Larry Adamczyk, Duerr Road; Paul Pickert, Duerr Road; Mike Dangallio, Duerr Road; Kay Hughes, Duerr Road; Larry Thomas, Duerr Road; Kathy Wagner, 18 Queens Place; Diane Cook, California Road; Ann Grucella, Big Tree Road
Anne Kelly handed in a petition to the Town Clerk with ninety-five signatures in favor of the proposed rezoning. The Town Clerk received and filed the petition.
The following people came forward in opposition to the proposed rezoning:
Frank Parlato, Esq., Attorney for Walter J. Schmidt and his proposed town house project. Mr. Parlato referred to his letter to the Town Board and reiterated that he does not feel this Public Hearing is valid this evening. Mr. Parlato wished to address the issue of how they come to find themselves in a conflict situation after three years of processing an application in a zone that was initially zoned properly for the project. Now, they find themselves, since September 20th, abruptly confronted with an initiative to rezone out from under Mr. Schmidt, that which for the past three years zoned R-3, and has been a taken for granted state of fact. Mr. Parlato then reviewed some of the events of the past three years pertaining to the Walter Schmidt Townhouse project that was filed July 31, 1997.
Councilman Mills asked Mr. Parlato if Mr. Schmidt owned the land where the proposed project was to be built. Mr. Parlato stated that Mr. Schmidt was a contract purchaser and did not own the land at this time.
Walter J. Schmidt, 1353 Clinton Street, Elma: He stated that he was opposed to the rezoning, as he has dedicated three years and a lot of money to his townhouse project.
David Smith, 4989 Spring Road, Verona, New York: Mr Smith stated he owned the property where Mr. Schmidt wanted to build his townhouses.
Gary Palumbo, TVGA representative for Walter Schmidt: He discussed some rezoning issues.
Richard Zoyhofski, 2960 Chaucer Dr., Canton Ohio: He owns property on California Road and feels the rezoning will decrease their chance of selling the property at a reasonable price.
Greg Piotrowski, 38 Cove Creek Run, West Seneca: Member of Mission Hills Realty Company.
Gail Burrows, 105 Velvedere, Rochester: Member of the Zoyhofski family.
Ray Staple, Attorney with Harris, Beach & Wilcox, who represents the United Church Home Society a, pending applicant for a life care facility planned for California & Big Tree Road.
William Jackson, Baker Road
Jim Murphy, Jr., 4724 California Road
William Dodd, 4461 California Road
Joe McNamara, 4602 Parker Road, Hamburg: He has property on California Rd.
Jim Murphy, Sr., 4724 California Road
James Smith, 705 Evergreen Drive, Tonawanda: He owns property on Duerr Rd.
Ruth Morrow, 32 Sunset Drive
Fred & Judy Ressel, 5980 Armor Road
John Bernard and Mike Dillon as members of the Zoning Commission stated the Commission has not issued any recommendations regarding this parcel. They deliberately stayed away from this issue as they did not want it to look as if the Zoning Commission was getting involved in a debate with the developer, or the Town, over what is proper for a specific piece of land. The Zoning Commission did send a recommendation regarding the D-R area that is involved with this rezoning. The recommendation was that it should be rezoned to an Industrial zone.
Supervisor Cudney stated that there were many letters received and filed by the Town Board in opposition to the rezoning.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing in the matter of the rezoning of the lands that are presently zoned R-3 and D-R located in the area east of the centerline of California Road, west of the centerlines of Duerr Road and Thorn Avenue, and south of the centerline of Big Tree Road is hereby closed at 9:02 P.M. (local time).
Supervisor Cudney stated that a Public Hearing is to get the opinions of the citizens, so the Town Board will take all the input from tonight’s meeting and evaluate it before they make a decision.
Old Business #1 –Authorize letter to NYSDOT regarding speed limit on Behm Road.
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 authorize the Supervisor to send a letter to the New York State Department of Transportation, and the Erie County Department of Transportation requesting the speed limit on Behm Road, from Cole Road to the Aurora town line, be lowered to 45 MPH, to conform with the other section of Behm Road where the speed limit has already been lowered, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
Old Business #2 – “No Parking” signs on the north of Hart Place
4) 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 table the request from the Public Safety Committee until the proper measurements are established for the placement of the “No Parking” signs on Hart Place.
The resolution was unanimously adopted.
5) 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 table Old Business #3 & 4, regarding PIP # 99-03, Birdsong Subdivision, Part 1, Phase 2.
Before the vote was taken Supervisor Cudney said that Birdsong Subdivision, Part 1, Phase 1 has a number of landscape plantings on the Town right-of-way and park land property that have failed. She stated although the developer has sent the Town letters assuring that this work will be completed, and that a park entrance sign will be installed, the Town Board has decided to hold off dedicating Phase 2 until the work is completed.
The resolution was unanimously adopted.
Old Business #5 Agreement with Malcolm Pirne for Town-wide Comprehensive Water Study
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, at the Town Board’s request, the town-wide Comprehensive Water Study has been on hold since May, 2000 and Malcolm Pirnie, Inc. has requested that the Town increase the amount of the firm’s compensation prior to resuming work on the study as there have been cost overruns due to unanticipated delays in the project, and
WHEREAS, the study is now 15 months behind schedule and is about 80% complete, and it is estimated that it will take 4-6 months for MPI to complete all of the contracted engineering services, and
WHEREAS, because of the delays, MPI claims to have incurred addition costs, and claims to have already expended $64,100 more than the project budget and does not wish to suffer any additional losses, and
WHEREAS, it is in the Town’s best interests to have the Comprehensive Water Study completed expeditiously and to have our consultant fairly compensated for the quality report that the Town expects as a finished product, and the Town is in immediate need of additional engineering services which MPI is in the best position to provide, and
WHEREAS, MPI has submitted a change order request reflecting the partial recovery of cost overruns in the amount of $18,700.00., the cost of completing the original scope of services within the next 6 months in the amount of $28,790.00 which includes the $11,790.00 unpaid balance on the present contract, and the cost for providing the additional services requested by the Town in the amount of $15,000.00, which represents a proposed increase in MPI’s fee schedule of $50,700, and if approved the revised project total would be $160,400, and
WHEREAS, an additional appropriation of at least $23,000.00 will be needed to fund the proposed increase in the consultant’s fees
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an amendatory agreement to the contract with Malcolm Pirnie, Inc. for the Town-wide Comprehensive Water Study in the amount of an increase of $50,700.00 to complete the project and to provide additional engineering services in accordance with their proposal dated October 27, 2000, as recommended by the Town Engineer.
Before the vote was taken, Supervisor Cudney stated the Town Board did meet with Malcolm Pirne, Inc. to discuss the increased work that needs to be done. She stated when the original contract was signed, the Town Board did not realize that the New York State Department of Transportation was going to replace water lines with the reconstruction of 240/277. Because of that, the Town needs to file the Map Plan and get the engineering done sooner, so MPI is going to handle this additional work.
The resolution was unanimously adopted.
7) 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 authorize the transfer of $25,000.00 from the unspecified general capital reserve account to the Comprehensive Water Study account (H-25), as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #6 Walter Schmidt Townhouse Project on California Road – SEQR - FEIS findings
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, upon the submittal of a Draft Environmental Impact Statement (DEIS) prepared by TVGA Surveying, P.C., regarding the California Road Townhouse Development, the DEIS was accepted by the Orchard Park Town Board on January 19, 2000. On March 15, 2000 the Orchard Park Town Board held a public hearing on the DEIS. A notice of completion of the Final Environmental Impact Statement was filed on October 8, 2000, and
WHEREAS, the Orchard Park Town Board has reviewed the content of the DEIS, FEIS, other documents and all comments and submissions made during and after the hearing held on March 15, 2000. The FEIS was accepted by the Orchard Park Town Board on October 4, 2000.
Some site specific impacts identified up to this point cannot be fully addressed or analyzed in this initial statement and will require later review of specific design and construction or development plans that will be filed as part of the site plan review process. Therefore, if the proposed development is approved, these Findings set forth specific conditions when available and criteria consistent with 6NYCRR sections 617.7, and 617.11 under which the site plan can proceed. This process provides procedures to supplement the FEIS if necessary and for public notice and opportunity to participate in hearings before the Orchard Park Planning Board and Town Board before they approve subsequent site or subdivision plans. An Environmental Assessment Form will be required with site plan or subdivision applications for environmental review. If the proposed development does not conform with these Findings, a supplemental Findings Statement, supplement to the DEIS, FEIS or Negative Declaration shall be prepared to comply with 6NYCRR section 617.11.
NOW, THEREFORE, THE TOWN BOARD FINDS:
1. The proposed development must be consistent with the intent, objectives and specific requirements of the Zoning Ordinance.
2. Adequate services and utilities must be available prior to occupancy. Review and approval by Town agencies will be required for subdivision or site plan approval.
3. Development will be consistent with all other applicable laws, rules, and regulations.
4. Transportation (Supplemental Traffic Study – Exhibit A – Analysis of Proposed Traffic Mitigation, July 28, 2000). The Orchard Park Town Board, as lead Agency, requires that a traffic signal be installed at the intersection of Big Tree Road and California Road prior to granting a special exception designation consistent with the analysis contained within the DEIS, FEIS and supplemental Traffic Study referenced above entitled “Analysis of Proposed Traffic Mitigation.” This improvement is required to mitigate traffic impacts from the subject action which result in additional delays at the referenced intersection.
5. Surface Water, Ground Water and Drainage ( TVGA response of July 28, 2000, Supplemental Drainage Study – Exhibit B – Drainage Calculations, California Road Townhouse Development, California Road, Orchard Park, July 28, 2000) Development will be consistent with the drainage policies of the town of Orchard Park and all other applicable laws, rules, regulations, and design specifications. Site specific site plan or subdivision approvals for the subject action will require compliance with general design criteria contained within the DEIS, FEIS and supplemental Drainage Study referenced above entitled “Drainage Calculations, California Road Townhouse Development, California Road, Orchard Park.” An Erosion and Sedimentation Control Plan consistent with sheet SP-1 transmitted to the Town of Orchard Park attached to the TVGA response of July 28, 2000, shall also be required as part of any site specific design drawings submitted on behalf of the subject action for site plan or subdivision approval. These improvements are required to mitigate for the increased amount of storm water runoff, which will result from the addition of impervious surfaces to the property after development. The site plan approval process shall determine the feasibility of basements based upon further hydrological and geological studies. Drainage systems will be required to control ground water as well as surface water.
6. Aesthetics/Architectural Compatibility/Community Character (TVGA response of July 28, 2000). The Orchard Park Town Board, as SEQR Lead Agency, requires that architectural design elements be incorporated into the design of structures within the project area of the subject action consistent with the exhibits and photographs submitted to the Town of Orchard Park by the project sponsor. The Orchard Park Town Board finds that this project is inconsistent with the character of the neighborhood. Mitigation may include the following:
A. Turning end units of attached multi-family buildings to face, or front, California Road.
B. Buildings are to be constructed in an architectural style consistent with the referenced photographs, employing similar roof lines, building height, proportions, etc;
C. All chimneys are to be constructed of brick or similar masonry material, building elevations are to incorporate a mix of facing materials including brick or similar masonry, as shown on the photographs submitted to the Town of Orchard Park on July 28, 2000.
D. Driveways from all individual units within the development must connect to the private road as illustrated in conceptual drawings contained within the DEIS, FEIS and supplemental documentation, this includes end units whose front elevations face California Road.
E. A 50 foot landscaped area will be provided along the north and south site property lines. Dense plantings of conifers or evergreens shall be required within the landscaped areas to screen the site, in all seasons, from adjoining properties and the visual approaches to the site from California Road. These screenings are also required because the project sponsor does not control existing vegetation on adjoining properties.
These requirements may mitigate the impacts created by the subject action which result from construction of multi-family attached housing in an area of single-family detached homes.
The adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows:
Supervisor Cudney Aye
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman McCarville Aye
The resolution was unanimously adopted.
Old Business #6 Walter Schmidt Townhouse Project on California Road – Special Exception Use
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, this Town Board has held all necessary hearings and considered all submissions with regard to the application for Special Exception Use for the California Road Townhouse Development,
RESOLVED, that the Special Exception Use is denied for the following reasons: 1) A signal at the intersection of California Road and Route 20A must be installed prior to granting a Special Exception Use designation. 2) This Town Board is in the process of considering changes in the zoning of the area that is the subject of this proposed project and the Orchard Park Zoning Commission is studying changes in this area. 3) The project is not compatible with the surrounding area. 4) The findings that this Town Board has made in connection with the environmental review of this project. 5) The effect this project will have upon the health and safety of the adjacent properties, including but not limited to the effect of drainage from this project.
The members of the Town Board all agreed that this townhouse project is a good one, and that Mr. Schmidt is an outstanding builder who produces a superior product. The proposed townhouses were beautifully designed but would be better suited to another site due to the above mentioned reasons.
The adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows:
Supervisor Cudney Aye
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman McCarville Aye
The resolution was unanimously adopted.
New Business #1 Citizens Campaign for the Environment
10) 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 request from The Citizens Campaign for the Environment (an independent member-supported, not-for-profit, non-partisan organization with a mission to build widespread citizens understanding and advocacy for policies and legislative agendas affecting key environmental issues) to canvass the Town of Orchard Park, Monday through Saturday, 9:00 AM until dusk, and be it further
RESOLVED, that the Town Board does hereby authorize the door-to-door campaign be completed by the end of November 2000.
The resolution was unanimously adopted.
New Business #2 Orchard Park Central School requests to borrow ten (10) voting machines
11) 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 Orchard Park Central School District to use ten (10) voting machines for the Special District Vote on Tuesday, December 12, 2000, and be it further
RESOLVED, that the ten machines must be returned to the Town in the same condition that they left the Town.
The resolution was unanimously adopted.
New Business #3 Supervisor to sign contract between Town & Adelphia Business Solutions
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town currently has as its telephone provider Bell Atlantic/Verison for local service and AT&T for long distance, and the average monthly cost is $2,200.00, which does not include Internet Access, and
WHEREAS, Adelphia Business Solutions has made a proposal that would cost the Town an average monthly cost of $1,300.00, which would be tied to a two year contract, and
WHEREAS, Adelphia Business Solutions proposal also offers the Town the ability to take advantage of Adelphia’s existing fiber optic network, and would install two T1 lines and equipment for the Municipal Center and provide partial T1 lines for Highway, Sewer & Water, Recreation and Senior Center, and
WHEREAS, Adelphia Business Solution is willing to assist the Town in purchasing the remainder of the Centrex Plus contract with Bell Atlantic for ±$2,552.48, and along with purchasing the remainder of this contract Adelphia will install all necessary equipment for all locations at no additional cost,
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign a contract with Adelphia Business Solutions for telephone services and internet access, as recommended the Town Computer Technician.
The resolution was unanimously adopted.
New Business #4 Supervisor to sign 2000-01 contract for NYS Traffic Safety Buckle Up New York
13) 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 authorize the Supervisor to sign the contract between the Town and New York State’s Traffic Safety “Buckle Up New York”, as recommended by the Chief of Police.
The resolution was unanimously adopted.
New Business #5 Authorize preparation of map, plan & report for waterline improvements
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY McCARVILLE, TO WIT:
WHEREAS, the New York State Department of Transportation’s reconstruction of Rte. 240 from Clark Street to Southwestern Blvd. scheduled to begin in the spring of 2001, will affect service to the Town’s water customers along Orchard Park and it side street, and
WHEREAS, based on the advanced detail design plans prepared by the State’s consultant engineer the highway construction work will be in conflict with certain sections of the Town’s 4” and 6” watermains along the Rte. 240 corridor as well as with the Village of Orchard Park’s 8” watermain that supplies water to some of the Town’s customers, and those sections that have been identified as conflicting with the road project will be replaced with new 12” diameter waterlines by the State’s contractor at no expense to the Town of Orchard Park, and
WHEREAS, this represents a potentially substantial savings to the Town since our consultant engineer for the town-wide Comprehensive Water Study, Malcolm Pirne, Inc., has recommended that the waterlines along Rte. 240 be replaced as soon as possible with a 12” main to meet present and future demands, and
WHEREAS, not all sections of our existing waterlines are in conflict with the road reconstruction project, therefore it would be in the Town’s best interest to replace the non-conflicting sections of waterline with new 12” mains at the time of the road construction work, and the NYSDOT will include such waterline replacement (known as “betterment”) in the road contract provided that the Town pays for that portion of work, and
WHEREAS, in order for the Town to authorize funds for the Town’s share of the waterline replacement, it is necessary to prepare a map, plan and report and conduct a public hearing for the proposed expenditures pursuant to Article 12 of the Town Law,
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the preparation of a map, plan and report in accordance with Article 12 of the Town Law for the replacement of waterlines in conjunction with the proposed NYSDOT Rte. 240 Reconstruction Project, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #6 Supervisor to sign utility relocation agreements with the NYSDOT for Rte. 240
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the New York State Department of Transportation has scheduled a bid letting for the Rte. 240 Reconstruction Project, and the Town owns waterlines and sanitary sewer mains on Orchard Park Road and its side streets which will be affected by the project, and
WHEREAS, the State’s policy is to replace or make adjustments to any utilities owned by a municipality which are in conflict with highway construction work, at no expense to the municipality, and the NYDDOT requires the Municipality to sign a utility work agreement which authorizes such work, and the agreement also provides for the State to reimburse the Municipality for any costs the Municipality incurs associate with such utility modifications, and
WHEREAS, the NYSDOT also requires a work agreement for any work that the municipality requests to be done during the road project on utilities that are not in conflict with the highway construction, and such work has to be paid for by the Municipality, and
WHEREAS, there are some sections of waterlines that are not in conflict with the Rte. 240 Highway Reconstruction Project, and it would be in the Town’s best interest to pay NYSDOT to replace these sections of waterline during the road reconstruction, and
WHEREAS, it will be several weeks before the Town can formally authorize such expenditures following the required procedures under Article 12 of the Town Law, the Town Attorney has stated that the Town could indicate its intention to pay for the proposed waterline betterment by executing the utility agreement with the NYSDOT at this time, and
WHEREAS, the Town has received a letter from NYSDOT requesting the Town Sign the necessary utility agreements and return them by 11/6/00, and then the documents will forwarded to Albany for review and approval by NYSDOT’s legal staff so that the road construction project can remain on schedule,
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the HC140 Utility Work Agreement (REF.#7A) with the New York State Department of Transportation for the Rte. 240/277 Reconstruction Project (P.I.N. #5268.31) permitting the relocation of waterlines and appurtenances at no expense to the Town of Orchard Park, and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the HC140 Utility Work Agreement (REF.#8A) with the New York State Department of Transportation for the Rte.240/277 Reconstruction Project (P.I.N. #5268.31) permitting the relocation/adjustment of sewers, manholes and drop inlets and appurtenances at no expense to the Town of Orchard Park, and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the HC140 Utility Work Agreement (REF.#7A-1) with the New York State Department of Transportation for the Rte.240/277 Reconstruction Project (P.I.N. #5268.31) permitting the replacement of waterlines and appurtenances at an estimated cost of $290,000.00, as recommended by the Town Engineer.
Before the vote was taken Supervisor Cudney asked the town engineer for any comments. The Town Engineer, Mike Merritt, stated the waterlines along Orchard Park Road are over 50 to70 years old, and according to the consulting engineer for the Town-wide water study, these lines need to be replaced to service the present and future needs of this town. By having the NYSDOT replace the lines not in conflict with their reconstruction work during the reconstruction, the Town savings will be considerable.
The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town’s Police Department has been successful in obtaining an Erie County Traffic Safety Grant for the year 2000 in the amount of $9,000.00 and
WHEREAS, the funding for the additional grant are not included in the Town’s 2000 Budget
RESOLVED, that the Town Board does hereby authorize the amending of the 2000 adopted budget to authorize additional appropriations and estimated revenues of $9,000.00 in the following Town accounts:
$9,000.00 Increase appropriations – Police – Personal Services - Grant A.3120.000.100
$9,000.00 Increase estimated revenues - County Grant – Public Safety A.1588
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the Town’s Police Department has been successful in obtaining a “Buckle Up New York” grant for 1999-2000 in the amount of $7,500.00, and
WHEREAS, the funding for the additional grant expenditures are not included in the Town’s 2000 budget,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the amending of the 2000 adopted budget to authorize additional appropriations and estimated revenues of $5,000 ($7,500.00 total grant less portion of grant used in 1999) in the following Town accounts;
$5,000.00 Increase appropriations - Police – Personal services – Grant - A.3120.000.101
$5,000.00 Increase Estimated Revenues – State Aid – Public Safety – A.3390
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town’s Police Department has been successful in obtaining a grant to assist in the purchase of bulletproof vests, and
WHEREAS, the Town’s share of the cost of obtaining these bulletproof vests is included in the 2000 Town budget, and
WHEREAS, the funding for the additional grant expenditures are not included in the Town’s 2000 budget,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the amending of the 2000 adopted budget to authorize additional appropriations and estimated revenues of $5,373.00 (which is the grant share of the total cost for purchase of the bulletproof vests) in the following Town accounts;
$5,373.00 Increase appropriations - Police – Uniform Allow/Replacement A.3120.000.407
$5,373.00 Increase Estimated Revenues – State Aid – Public Safety – A.3389
The resolution was unanimously adopted.
19) 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 authorized the following budget transfer as recommended by the Town Clerk:
$5,000.00 From: A.1450.000.110 Election Inspectors
To: A.1410.000.461 Records Management
The resolution was unanimously adopted.
20) 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 authorized the following budget transfer as recommended by the Town Justices:
$635.00 From: A.1110.000.413 Travel & Conference
To: A.1110.000.449 Court Reporter
The resolution was unanimously adopted.
Councilman Mills stated at the last Southtowns Sewer Treatment Agency meeting it was announced that Steuben Foods was going to establish their own pretreatment facility at the plant, so they will be pretreating the product before it goes into the sewer lines. He stated this will help to reduce the odors that are emitted along the sewer lines.
Councilwoman Ackerman announced a meeting regarding the Erie County Library’s Board of Trustees proposed plan entitled “Expanding Horizons– Directions for Superior Public Library Service in Erie County”, which advocates keeping all the libraries open in Erie County if they are servicing the communities needs, and are structurally sound. This meeting will be held on November 9, 2000, and is a public meeting with an open forum. The public is encouraged to attend.
Councilman McCarville stated that he has talked to the Chief of Police regarding parking on Election night during the time that Court is in session. They worked out a plan where they were going to keep seven to ten parking spots open for the voters, and have policemen on duty to help control the situation.
Councilman McCarville said he would like the Town Board to consider, at the next Organizational Meeting, the idea of starting the Town Board Meetings at 7:00 PM. When there are Public Hearings, or the meetings are long, many residents who wish to speak to the Town Board often have to wait until 10:00 PM to address the Board. He felt it would encourage more citizens to attend the meetings.
21) 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 authorize the approval of all entries on Warrant #21 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$112,050.38 |
|
Part Town Fund |
$3,148.73 |
|
Risk Retention |
$974.89 |
|
Highway Fund |
$110,376.05 |
|
Special Districts |
$35,705.46 |
|
Trust & Agency |
$ 9,604.38 |
|
Capital Fund |
$20,814.50 |
The resolution was unanimously adopted.
Nick Taneff, 279 Summit Avenue: He said he also likes the idea of the 7:00 PM start. Mr. Taneff asked Councilman Mills if he had met with the James brothers that own Diversified Controls yet to discuss the issues as the road in the back has been completed. Councilman Mills said he has not met with the James brothers yet, but they will be getting together. Mr. Taneff then asked the Town Board what has been done as far as the buffer is concerned. Councilwoman Ackerman said at the last Conservation Board meeting they informally discussed the buffer, and some ideas were presented. But, they need to evaluate the situation completely and the plantings, which still need to be decided on, will not be able to take place until spring.
Joe Peceraro, Ellicott Road: He wanted to know how the ordinance regarding the prohibiting of political signs on private property came about, as he feels this is a violation of Freedom of Speech. He also wanted to know if it is legal for the Building Inspector to just walk onto anyone’s property. Councilman Buyer said the issue with political signs was agreed upon by the Town Political parties years ago as a gentlemen’s agreement and was later made into an ordinance. The Building Inspector read the ordinance that allowed him, or his representatives, access to private property.
Bob Frantsits, 4270 California Road: He wanted to complement the Town Board, he said tonight’s meeting was one of the most satisfactory ones that he has attended, and he is pleased with their decisions tonight. He also thought the 7:00 PM start would be good.
Wayne Dieter, Big Tree Road: He said that Smokes Creek goes through his backyard from Green Lake, and after the storm that dropped over 5 inches of water, there was a lot of debris dropped in his backyard from the creek. He asked for some help from the Town to clean up the mess left in his yard.
Roy Sasiadek, 275 Summit Avenue: He said he has sat through many Town Board meetings listening to the Board talk about different projects where landscaping, traffic concerns, compatibility with the neighborhood, wet lands, site lines, construction materials, walking the areas, architectural design were all considered before approving or denying a project. He wanted to why none of these standards were applied for the residents of Summit Avenue property regarding the Diversified Controls structure. Supervisor Cudney stated that the Planning Board and the Conservation Board did thoroughly review the Diversified Controls Project with the same standards.
Robert Kelly, 4582 California Road: He wanted to thank the Town Board for their decision regarding the Townhouse project. Mr. Kelly feels the speed limit should be lowered on California Road.
Robert Walker, 4621 California Road: wanted to thank Supervisor Cudney for touring around after the rain storm to see what the area is like.
Councilwoman Ackerman said she would like to see an Architectural Review Board put into place to evaluate structures prior to construction.
At this time Supervisor Cudney recognized Fran Fronapple, who has been instrumental in sending out letters through the American Legion and VFW Posts, to the Fire Companies, Churches and Municipalities asking them to remember the Veterans on the eleventh hour, of the eleventh day of the eleventh month, Veteran’s Day, which is coming up, by sounding their sirens and bells and honoring the Veterans.
At this time Fran Fronapple read the following poem:
IN FLANDERS FIELD
In Flanders fields the poppies blow
Between the crosses, row on row
That mark our place; and in the sky
The larks, sill bravely singing, fly.
Scarce heard amid the guns below
We are the Dead, Short day ago.
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie
In Flanders fields.
Take up our quarrel with the foe;
To you from failing hands we throw
The torch, be yours to hold it high
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders Fields
John McCrea (1872-1918)
Please remember our Veterans on Veteran’s Day November 11, 2000 at 11:00 AM in Veterans Park
At this time Supervisor Cudney wished to adjourn in the honor and memory of all the Veterans, seconded by Councilwoman Ackerman, the meeting was adjourned at 10:21 PM
Respectfully Submitted
Janis A. Colarusso
Town Clerk