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 4th day of October 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
At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties and citizens input regarding the use of Federal Community Development Funds in the Town of Orchard Park.
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.
Town Engineer Michael Merritt gave a brief overview of the program and explained that the Town of Orchard Park belongs to a consortium of 34 municipalities, who participate in the Erie County Consortium for the Federally Funded Community Development Block Grant Program. This year the Consortium will receive a grant of approximately $3.0 million from HUD. The grant will be divided into four spending categories: 27% for Community Projects; 27% for Housing; 27% for Economic Development; and 19% for Administration and Planning.
The Town of Orchard Park may be eligible to receive Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) for the 2001 Program Year. The purpose of this public hearing is to provide an opportunity for citizens to discuss the needs of the community as outlined in the official notice.
To be eligible for CDBG funding, the proposed project must satisfy one or more of the following national objectives: 1) Benefit Low and Moderate Income Persons, 2) Correct Slums and Blight, and 3) Meet urgent community needs. The Town of Orchard Park currently does not have any slums or blight, and there is no urgent community need, so the only category the Town can apply for grant monies is to benefit low and moderate income persons.
For a project to benefit low and moderate income persons, it is required that at least 37.8% of the residents of the specific area targeted be at or below the criteria of the Income Eligibility Schedule for Erie County. Data from the 1990 U.S. Census shows that the area west of Rte. 219 and north of Rte. 20 (Census tract 137.01,Block2) qualifies since 39.12% of the households are considered to have low to moderate income levels. It is unknown at this time whether this target area will remain eligible for CDBG funds once the 2000 Census data is published.
The 2001 allotment for Community Projects is approximately $930,000 to be granted on a competitive basis to those municipalities whose projects best meet the HUD goals described above. There is a maximum grant of $90,000 per project with a maximum of three projects funded per municipality.
Applications for this year’s CDBG funds must be submitted by November 6, 2000. Some suggested projects in the Town of Orchard Park that may qualify for funding in 2001 include:
|
Project |
Estimate |
|
Windom Avenue Reconstruction |
$130,000 |
|
Orchard Park Senior Center Roof Replacement & building repair project |
$65,000 |
|
Rural Transit Service (Participation in existing program w/12 towns, 7 villages ) |
$122,000 |
|
Iroquois Drive Drainage Project |
$110,000 |
|
Iroquois Drive Reconstruction |
$140,000 |
|
Burmon Recreation Area Improvements |
$35,000 |
Last year the Town submitted applications for the Summit/Lake Avenue Ditch Rehabilitation Project, Quaker Centre Industrial Park – Phases 5 & 6, and the Rural Transit Service Program. The road and ditch projects were not successful, but funds were received for the van service. It is likely that the town will again submit an application for funding to continue our participation in the Rural Transit Service Program. This program provides van transportation for eligible citizens.
At this time the Supervisor opened up the meeting for public input.
Roy Sasiadek, 275 Summit Avenue: He wanted to know if any of the CDBG funds could be used to build the berm between Summit Avenue residents and Diversified Controls. Town Engineer Mike Merritt stated he would check into it.
1) 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 use of the 2000-2001 Community Development Block Grant Funds is hereby closed at 8:18 P.M. (local time).
The resolution was unanimously adopted.
Old Business #1 – Action on FEIS for the Walter Schmidt Townhouse Development
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the proposal by Walter Schmidt to develop townhouses on California Road has bee the subject of a Draft Environmental Impact Statement (DEIS), and
WHEREAS, the Town of Orchard Park retained Pratt & Huth to review the DEIS and determined that there were significant issues, including but not limited to traffic and drainage, which must be subject to further review, and
WHEREAS, the Town Board resolved not to take any further action in connection with the approval of this project until and unless Walter Schmidt, and his representatives, responded to the environmental issues which had been the subject of prior requests for study, and
WHEREAS, a Final Environmental Impact Statement (EIS) for the Walter Schmidt California Road Townhouse Project, on vacant land on the east side of California Road, has been prepared and submitted to this Town Board
RESOLVED, that the Environmental Impact Statement (EIS) be filed pursuant to Section 617.11 of the State Environmental Quality Review Act.
The resolution was unanimously adopted.
New Business #1 – The 2000 Orchard Park Crop Walk for Hunger
3) 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 approve the request from Elizabeth D’Angelo, Coordinator for the 2000 Orchard Park Crop Walk for Hunger for Sunday, October 22, 2000 at 1:00 P.M. at the Orchard Park Presbyterian Church.
The resolution was unanimously adopted.
New Business #2 – Set Public Hearing for Ad Valorem Budget/Benefit Basis Special District Budget
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby schedule a Public Hearing in the matter of the Tentative 2001 Ad Valorem Budget and the Benefit Basis Special District Budget for Wednesday, October 18, 2000 at 8:00 P.M., and be it further
RESOLVED, that the Town Clerk will publish due notice there of.
The resolution was unanimously adopted.
New Business #3 – Authorize NYSEG to install street lights at Chestnut Ridge & Ashwood Lane
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 authorize New York State Electric & Gas to install one (1) 100 Watt HPS street light at the intersection of Chestnut Ridge Road & Ashwood Lane, as described in their proposal of October 1, 2000, as recommended by the Town Engineer.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following Fall/Winter 2000/2001 Recreation Staff Appointment, dependent upon the applicants providing the required certifications, as recommended by the Recreation Director:
Name |
Address |
Position |
Rate |
Lindsay Haigh |
3440 Alsace Pl., Blasdell |
Guard |
$5.60 |
Sara Wiencek |
6344 Milestrip Rd. |
Guard |
$5.60 |
Karen Beehler |
86 N. Nicholas Dr. Tonawanda |
Aide |
$5.30 |
Michelle Mitchell |
105 Linden Ave., Tonawanda |
Aide |
$5.30 |
Marnie Louth |
28 Hawthorne Ave., Tonawanda |
Aide |
$5.30 |
Heather Forrester |
140 Loring Ave., Buffalo |
Aide |
$5.30 |
Kathy Bittner |
4748 Lilydale Dr., Hamburg |
Aide |
$5.30 |
The resolution was unanimously adopted.
New Business #5 – Appointment to the Orchard Park Police Department
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, there is a vacant position of Patrol Lieutenant in the Orchard Park Police Department, and
WHEREAS, interviews were held for this position
RESOLVED, that the Town Board does hereby appoint Andrew Benz to the position of Patrol Lieutenant, effective October 9, 2000, with a probation period of six months.
Supervisor Cudney called for a roll call vote, which resulted as follows:
Supervisor Toni M. Cudney Aye
Councilman John J. Mills Aye
Councilman David M. Buyer Aye
Councilwoman Nancy W. Ackerman Aye
Councilman Steven P. McCarville Aye
The resolution was unanimously adopted.
New Business #6 & #7 Refer to Planning Board and Conservation Board.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby refer the following requests to the Planning Board and the Conservation Board: 1) Jim Ball Pontiac, 3475 Southwestern Blvd. request for site expansion, and 2) Allen Marine Services, Inc., 3566 South Benzing Road, request to develop the rear portion of the property at 3582 South Benzing Road for use as an operations center for the company.
The resolution was unanimously adopted.
New Business #8 – Ellicott Taxpayers Assoc. requesting a review of traffic concerns on Ellicott Rd.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the Town Board has received a letter from the Ellicott Taxpayers Association regarding several traffic and safety issues on Ellicott Road, particularly in front of the Ellicott Road School
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby refer the request of the Ellicott Taxpayers Association to the Public Safety Committee for review.
The resolution was unanimously adopted.
Supervisor Cudney wanted to remind the public that the New York State Department of Transportation is holding an open house, from 4:00 PM to 7:00 PM, at which they will have the final design information about the 277/240 road widening project. She urged all to attend. She also wished to announce that the Greater Niagara Regional Transportation Council is holding a Pedestrian Safety Road Show in the Municipal Building on October 24th which will address the installation of sidewalks and pedestrian safety. Supervisor Cudney then read a letter from Orchard Park citizens, Mr. & Mrs. Jim Sabuda complementing the Orchard Park Youth Court Program. The letter stated their son received invaluable guidance and direction from this program, and from the Youth Program coordinator, Thomas McGinty. A letter was then read from a village resident who said the recent Quaker Arts Festival had the best managed traffic control she has ever seen, and complemented the Police Department on their work. Supervisor Cudney then commented the Town of Orchard Park for exceeding its target response rate for the 2000 census, and returned 86% of the forms mailed out.
Councilman Mills stated that the heavy rain fall two weeks ago caused many problems, but the Sewer Treatment Agency worked at full capacity and there were no back ups in any of lines during that time. He also commented that the detention basins required in the subdivisions worked very well during that time. Councilman Mills said he drove to the Summit Avenue/Diversified Controls area today and found the exterior structure about three-fourths completed. He stated that the building seems to hold back a lot of the noise from the activity on the other side of the property, as he found it fairly quiet there. Councilman Mills said the Town Board should go and walk the property when the structure is 100% completed to evaluate the situation.
Councilwoman Ackerman introduced Martin Lucero, a senior in High School, who is going to intern with her as a government student this year. Councilwoman Ackerman said she has had several inquires about the 20-MPH signs around school zones not having flashing lights. Chief McCune stated flashing signs are only used in special cases. He also noted that the 20-MPH speed limit signs around all schools are in effect from 7:00 AM to 6:00 PM on days when school is in session. During the other hours, the speed limit reverts to the regular speed limit in that area. Councilwoman Ackerman then stated the Town Clerk’s office is going to hold Voter Registration days on October 7, 2000, from 1:00 PM to 9:00 PM, and on October 11, 2000 from 5:00 PM to 9:00 PM.
Councilman McCarville asked the Town Board Members if there was any possibility in changing Traffic Court night Tuesday, November 7, 2000. He stated this specific night is also General Election. He feels the Town could have a real problem on their hands with the parking around the Municipal Center. Supervisor Cudney agreed with Councilman McCarville, and has already talked to the courts about this situation. She stated she spoke with the Courts and they told her they are unable to change the date. Supervisor Cudney also told Councilman McCarville that if he felt strong about the situation, maybe he should talk to both Town Justice’s.
Town Engineer, Mike Merritt reported on the huge rainstorm that took place in the Town of Orchard Park (September 27, 2000) where parts of the Town received over four inches of rainfall. The Engineering Department, Highway Department and Sewer & Water Department were all on duty that day trying to unplug drains and reroute the rain that came down. He stated the event presented an opportunity to see the detention basins in action and that this gave them an opportunity to document how the overland ditches and some of the man made storm systems functioned during a major rainfall event. The Town Engineer was pleased to report all these system functioned very well. There were a few problems, but overall, the systems in place functioned very well.
10) 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 #19 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$95,445.95 |
|
Part Town Fund |
$3,103.31 |
|
Risk Retention |
$2,158.22 |
|
Highway Fund |
$121,455.58 |
|
Special Districts |
$58,472.06 |
|
Trust & Agency |
$123,613.21 |
|
Capital Fund |
$59,940.08 |
The resolution was unanimously adopted.
Roy Sasadeck, 275 Summit Avenue: He had some questions regarding the berm between the Summit Avenue residents and Diversified Controls. He questioned what kind of equipment will be used at Diversified Controls and what the hours of operation will be. Mr. Sasadeck said his neighbors are reluctant to attend the meetings anymore, as they feel the Town Board did not care about them in the first place, therefore are not going to help them now.
Donald Fredrickson, 5006 Big Tree Road: He stated he is currently having problems with Erie Community College regarding adequate water drains in the culvert of an ECC driveway next to his property. This is an ongoing situation and he has approached ECC before with no results. The heavy rainfall last week pushed the water level from ECC up to his house and caused damage. A letter from his attorney is being sent to ECC addressing this situation and he wished to let the Town Board know what was happening. The Town Board agreed to write a letter on Mr. Fredrickson’s behalf to ECC as well. The Town Engineer said he would also take a look at it.
11) 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 direct the Supervisor to write a letter and send it to Erie Community College and Erie County on Mr. Fredrickson’s behalf.
The resolution was unanimously adopted.
There being no further business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman McCarville, the meeting was adjourned at 9:06 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk