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 August 2001 at 7:00 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
Stanley A. Jemiolo 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
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED, the minutes of the Town Board Meeting held on July 18, 2001 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.
Old Business #1 To rezone vacant land on east side of Taylor Road from I-1 to R-3
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an amendment to the Zoning Ordinance of Town of Orchard Park, was conducted at the Orchard Park Municipal Center, S4295 South Buffalo Road, Orchard Park New York on the 20th day of June, 2001 at which time all interested parities were given the opportunity to be heard, which amendments provides as follows: To rezone vacant land on the east side of Taylor Road from I-1 to R-3, as recommended by the Zoning Commission.
WHEREAS, no recommendation from the Erie County Department of Planning, pursuant to Section 239-mm of the General Municipal Law was received and filed with the Town Board, and
WHEREAS, the Town Board did declare a Negative SEQR Declaration
NOW, THEREFORE, be it
RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park are hereby amended by rezoning vacant land on the east side of Taylor Road from I-1 to R-3 as follows:
ALL THAT TRACT OR PARCEL of land situated in the Town of Orchard Park, County of Erie, State of New York, being part of Farm Lot 24, Township 9, Range 7, of the Holland Land Company’s survey being more particularly bounded and described as follows:
BEGINNING at a point in the northeasterly line of Taylor Road at its intersection with the northwest corner of lands conveyed to Balbina Witka Karalus by deed recorded in the Erie County Clerk’s Office in Liber 5332 of Deeds at Page 69; running thence northeasterly at right angles and along the northwesterly line of said Balbina Witka Karalus’ northwesterly line and said line extended, 435.6 feet; thence northwesterly parallel with the north line of Taylor Road, 300 feet; thence southwesterly parallel with the first described line, 435.6 feet to the northeasterly line of Taylor Road, thence southeasterly along the north line of Taylor Road 300 feet to the place of beginning, containing 3.0 + acres, SBL #161.19-2-1, Liber 10969 at Page 1296, owner Boyle Properties, LTD.
ALL THAT TRACT OR PARCEL of land situated in the Town of Orchard Park, County of Erie, State of New York, being part of Farm Lot 24, Township 9, Range 7 of the Holland Land Company’s survey being more particularly bounded and described as follows:
BEGINNING at the point of intersection of the north line of lands conveyed to Samuel R. Miserendino, John A. Krull and Paul A. Foley by deed recorded in Erie County Clerk’s Office in Liber 7863 of Deeds at page 47 with the east line of U.S. Route 219, as appropriated by notice of appropriation recorded in Liber 7420 of Deeds at Page 546, being Map No. 27, Parcel No. 53; running thence N 89° 35’ 29” E along the north line of lands conveyed aforesaid by deed recorded in Erie County Clerk’s Office in Liber 7863 of Deeds at Page 47, 740.53 feet; running thence S 16° 55’ 12” E, 548.74 feet running thence S 73° 04’ 48” W, 300 feet; running thence S 16° 55’ 12” E, 355.94 feet to the northeast corner of lands conveyed to Paul H. and Sharon L. Bodden his wife by deed recorded in the Erie County Clerk’s Office in Liber 8820 of Deeds at Page 448; running thence southwesterly along the north line of deed recorded in Erie County Clerk’s Office in Liber 8820 of Deeds at Page 448, 435.60 feet to the northwest corner of lands conveyed aforesaid by deed recorded in Erie County Clerk’s Office in Liber 8820 of Deeds at Page 448; running thence northwesterly, 90.62 feet to a point in the east line of U.S. Route 219; running thence N 10° 52’ 36” W along U.S. Route 219, 278.16 feet to a point, continuing along U.S. Route 219 N 16° 55’ 12” W, 902.20 feet to the principal point or place of beginning. Containing 15.11 + acres, SBL #161.00-3-26, Liber 10965 at Page 6049, owner Boyle Properties, LTD.
This ordinance shall take effect ten (10) days after publication and posting in accordance with law, and be it further
RESOLVED, that the Town Clerk publish and post a copy of said amendment in accordance with Section 264 and 265 of the Town Law.
Councilman Buyer stated that he would vote against this rezoning since this is basically the same parcel of property, with some minor changes, that the Town Board denied two years ago when it was petitioned by the former owner to rezone for construction of apartment units. He stated that the reason the Town Board previously denied the rezoning request was because the Town didn’t want to give up any additional industrial zoned land. Councilman Buyer added that the Town Board has had discussions about enacting an ordinance in regard to buffer zones where industrial land is next to a residential area and this should suffice without giving up industrial land. Councilman Buyer stated that he would rather see the Town Board reverse their decision on the developer’s previously petitioned project and be consistent with the process of rezoning regardless of the recommendation of the Zoning Commission.
Councilman Jemiolo stated that there seems to be two separate issues involved with the rezoning, which are the growth rate and buffering of industrial projects from residential areas. This rezoning should make a smooth transition for the Taylor Road area and he will vote in favor of the zoning.
Councilman Mills stated that he did vote against the rezoning a couple years ago, but stated circumstances have changed and he now supports it. The land has been sold by an industrial developer to residentially minded developers. Councilman Mills feels that if this rezoning is defined in the ordinance it will alleviate the potential for another situation such as Summit Avenue and Diversified Controls.
Councilwoman Ackerman stated that it seems logical to rezone the industrial property that will be a natural buffer and the 219 Expressway being the other buffer. Therefore, she will support the rezoning.
Supervisor Cudney will not vote for the rezoning, but does however, believe in a buffer zone for residential areas. Supervisor Cudney stated that the Town Board unanimously voted against this rezoning (with the exception of Councilman Jemiolo) in response to the request of a developer to build apartment buildings. The developer sued the Town and the Town won the case. Now the developer has taken the case to appellate court and Supervisor Cudney feels that even though the Zoning Commission recommends this change, it is another attempt by the developer to attain his goal. The Economic Development Committee has gone on record as being opposed to any industrial land being rezoned to residential. Supervisor Cudney stated that after a final look at the vacant land, she could not physically see any buffer for new residential created by the rezoning being bounded by the 219 Expressway and the railroad, which is still in use up to 84 Lumber. Supervisor Cudney stated Taylor Road already has an industrial use as the Department of Transportation has a facility there that has truck traffic. She feels building an apartment complex does not constitute a transitional area between residential and industrial areas, therefore she is going to vote against this resolution.
Supervisor Toni M. Cudney Nay
Councilman John J. Mills Aye
Councilman David M. Buyer Nay
Councilman Nancy W. Ackerman Aye
Councilman Stanley A. Jemiolo, Jr. Aye
The resolution was duly adopted.
Old Business #2 Peleckis Brothers, 3975 Southwestern Blvd., Convenience Store/Dispensing Facility
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby grant a one year extension on the authorization of the Special Exception use and site plan approval for a building permit for Robert and Richard Peleckis, 3975 Southwestern Boulevard for a Convenience Store/Dispensing Facility.
Councilman Mills asked the Town Attorney, since the land has been cleared and perhaps the time frame isn’t met within a year, what recourse does the Town have for restoration. The Town Attorney stated that there isn’t any recourse. The Town would have to amend our ordinance to require some bonding from the company that cleared the land before the building permit was issued or before they started construction. The Town Attorney also stated that an extension could be granted even after a year if nothing has changed, if not by the Town, then through the courts.
The resolution was unanimously adopted.
Old Business #3 United Church Home Society, Big Tree @ California Rd/Final Written Scope
4) 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 adopt the Final Written Scope for the Environmental Impact Statement for the United Church Home Society vacant land on the Southeast corner of Big Tree Road and California Road, as presented by the Planning Coordinator.
The resolution was unanimously adopted.
Old Business #4 Bierworth-Reidman Homes, Inc: Draft Environmental Impact Statement
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does not accept the Draft Environmental Impact Statement from Bierworth-Reidman Homes, Inc., vacant land on the east side of Orchard Park Road, and
RESOLVED, that the Town Board does request additional information from the petitioner for further amplification of the issues contained therein in accordance with correspondence dated July 16, 2001 and July 30, 2001, from the Planning Coordinator.
The resolution was unanimously adopted.
Old Business #5 Award Bid for the Pick Up Truck for the Building Inspectors Department
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the award of the bid for one new 2001/2002 Pick-Up Truck, for the Building Inspector, to West Herr Ford, 5025 Camp Road, Hamburg, New York 14075, in the amount of $12,992.00.
The resolution was unanimously adopted.
New Business #1 Approve PIP #2001-02 for Orchard Meadows Subdivision, Part 8, Phase 8
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, we have received from Ronald Chapin, 4588 South Park Avenue, Blasdell, New York, representing Southpark Enterprises, Inc., an application for a Public Improvement Permit to construct the next phase of the Orchard Meadows Subdivision, and
WHEREAS, Orchard Meadows Subdivision Part 8, Phase 8, will include 1100 L.F. of new roadway and public utilities to serve 19 residential sublots and it will connect Peppermill Road with Thornapple Lane, and
WHEREAS, the plan and specifications for the proposed project are in compliance with current Town specifications, and all necessary fees, bonds, and insurances have been submitted
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the Public Improvement Permit #2001-02 for Orchard Meadows Subdivision, Part 8 Phase 8, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Retain consultant engineering firm for the Orchard Meadows Subdivision
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, we have received a proposal from Marquis Engineering & Construction Management Inc. to provide inspection services for the Town of Orchard Park during the construction of the public improvements in Orchard Meadows Subdivision, Part 8, Phase 8, and
WHEREAS, the proposal calls for the consultant to provide on-site inspection when required at a billing rate of $42.00 per hour that includes overhead, expenses and profit, and
WHEREAS, the developer has paid inspection fees in the amount of $12,250.00 that should be sufficient to cover the cost of consultant services
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign and agreement with Marquis Engineering and Construction Management Inc., 6556 East Quaker Street, Orchard Park, New York 14127, for consultant inspection services on PIP #2001-02 for the construction of Orchard Meadows Subdivision, Part 8, Phase 8, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Approve PIP #2001-03 for Birdsong Subdivision, Part 1, Phase 3
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, we have received from Dominic Piestrak, P.O. Box 470, E. Amherst, New York, representing DPS Southwestern Corp., an application for a Public Improvement Permit to construct the next phase of the Birdsong Subdivision, and
WHEREAS, Birdsong Subdivision, Part 1, Phase 3, will include 1780 L.F. of new roadway and public utilities to serve 19 residential sublots as shown on the attached location map. This phase also includes the removal and replacement of approximately 115 L.F. of existing private roadway on Tanager Terrace which will provide a connection to Fox Chapel Drive, and
WHEREAS, the plans and specifications for the proposed project are in compliance with current Town specifications and all necessary fees, bond and insurances have been submitted
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Public Improvement Permit #2001-03 for Birdsong Subdivision, Part 1, Phase 3, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #4 Retain consultant engineering firm for the Birdsong Subdivision
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, we have received a proposal from Wm. Schutt & Associates, P.C. to provide inspection services for the Town of Orchard Park during the construction of the public improvements in Birdsong Subdivision, Part 1, Phase 3, and
WHEREAS, the proposal calls for the consultant to provide on-site inspection when required at a billing rate of $42.00 per hour that includes overhead, expenses and profit, and
WHEREAS, the developer has paid inspection fees in the amount of $22,750.00 that should be sufficient to cover the cost of consultant services
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Wm. Schutt & Associates, P.C., 5360 Genesee Street, Bowmansville, New York 14026, for consultant inspection services on PIP #2001-03 for the construction of Birdsong Subdivision, Part 1, Phase3, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #5 Authorize bridge repairs & temporary road closing on Baker Road
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, there has been some recent movement of the southeast wingwall of the Baker Road bridge over Smokes Creek located just south of Milestrip Road and the Town has engaged the services of DiDonato Associates, a consulting engineering firm certified by the NYSDOT, to perform an inspection and evaluate the structural integrity of the bridge, and
WHEREAS, DiDonato has reported that the bridge is not in any immediate danger of failure, but has recommended that some remedial repair work be done this year and the bridge is scheduled for replacement in 2003 as part of the Baker Road Reconstruction Project between Rte. 20A and Milestrip Road, and
WHEREAS, DiDonato prepared general specifications and sketches of the proposed repairs, estimating the construction costs at $30,000.00. The Town Highway Department will coordinate construction activities and purchase the materials while a local contractor, specializing in bridge repair work, will provide the labor, and
WHEREAS, due to the physical limitations of the project work site, it will be necessary to close a portion of Baker Road during construction and Highway Superintendent has the authority to do so under the Highway Law, and
WHEREAS, informal bids were solicited from three qualified contractors and a pre-bid meeting was conducted at the site on 7/30/01, to which A&L Construction, Inc. won the bid and there are sufficient funds in the Capital Reserve-Highway account to finance this project
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize a Work-Order to be signed with A&L Construction, 5646 Maelou Drive, Hamburg, New York 14075, for the Baker Road Bridge Repair Project in the amount of their bid of $17,100.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #6 Retain Consultant engineering firm for the Baker Road Repair project
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, it was observed that there has been some movement of the southeast wingwall of the Baker Road Bridges and the Town engaged the services of DiDonato Associates to make a formal inspection of the two structures, and
WHEREAS, the consultant has completed the initial evaluation of the two structures and has recommended that the Town make some repairs to the northerly bridge this year, resulting in DiDonato providing the engineering design and construction inspection services in addition to the work already performed, and
WHEREAS, the Town has agreed to compensate the consultant, based on the standard hourly billing rates for those employees of the firm who will work on this project, with the expenses to date being approximately $3,683.00. It is anticipated that an additional $3,520.00 may be expended through project completion and the consultant will be paid from the Capital Reserve-Highway account
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with DiDonato Associates, P.C., 689 Main Street, Buffalo, New York 14203, to provide engineering services on an hourly basis for the Baker Road Bridge Repair Project, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #7 Authorize the advertisement for bids for the Yard Waste Reclamation Ctr. Project
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Engineering Department has completed the detailed plans, specifications and bid documents for the Yard Waste Reclamation Center Project, and
WHEREAS, the project will be constructed in phases and the initial phase will include the asphalt pads for composting and processing, the access roadway, storm drainage and detention basin, sanitary sewer, waterlines, and restoration. These facilities will also service the future recreation area being developed on the western portion of the Town property. Subsequent phases will include equipment, storage barn, office trailer, electric service, lighting, fencing, landscaping and signage, and
WHEREAS, in order to have the new facility ready to accept this fall’s leaf collection, its is necessary to begin construction as soon as practicable, and
WHEREAS, the Town Board has previously authorized financing for the project and the Town is expecting the required Part 360 permit from the NYSDEC and their approval before a construction contract is awarded
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize advertisement in the Southtowns Citizen and Buffalo News for bids on the Orchard Park Yard Waste Reclamation Center Project to be opened at 11:00 AM on August 30, 2001 in the Supervisor’s conference room, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #8 Building Inspector to attend conference in Lake Placid, September 12-14, 2001
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request from the Building Inspector to attend the Annual New York State Building Officials Conference in Lake Placid, New York on Wednesday, September 12 - 14, 2001, at Town expense.
The resolution was unanimously adopted.
New Business #9 Appointment to the 2001 Summer Staff for the Recreation Department
15) 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 approve the following appointment, dependent upon the applicant providing the required certification, to the 2001 Summer Staff for the Recreation Department, as recommended by the Recreation Director:
Rachael Hageman 75 Curley Drive Sub/Aide $5.95
The resolution was unanimously adopted.
New Business #10 & 11 Refer to the Planning Board and Conservation Board
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following be referred to the Planning Board and the Conservation Board: 1) Joseph and Diane DeMarco, 2799 Southwestern Boulevard, to build a 9,000 square foot commercial building, and 2) AT & T Wireless, 3181 Southwestern Boulevard, to construct a 150’ monopole facility and a 12 x 20 equipment shelter.
The resolution was unanimously adopted.
Supervisor Cudney gave a brief report on the meeting that the Town Board held on Tuesday July 31st at Diversified Controls with the owners and representatives of Summit Avenue. The discussions which took place resulted in the following agreements: 1) the owner of Diversified Controls will install a fence on the north property line of Diversified Controls and the Summit Avenue residents back yards, therefore, a berm will not be required. Existing vegetation will be kept whenever possible, 2) the Town recommends that 8, 10, and 12 foot Norway Spruce trees be planted due to quick growth and survival rate, at staggered depths to fill in visual gaps and the Town has agree to supply the services of the Town Arborist to advise the property owners on planting the trees, and 3) The Town will be requiring a two year maintenance contract to insure the survival of the trees.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby refer the agreed upon buffer landscaping memo for Diversified Controls and Summit Avenue be referred to the Conservation Board for their recommendations based on the original ordinance regarding Diversified Controls obtaining a building permit.
Councilman Mills wanted to clarify that the two-year maintenance contract doesn’t apply to the trees planted on the residents’ property, only to the trees placed on Diversified Controls property.
Councilman Buyer wanted the residents and Mr. Brent James to understand that this is the process that is required and the Town is committed to the agreement that was established between the Town, Diversified Controls and the residents on Summitt Avenue.
Councilman Jemiolo stated that he would like the memo outlining the agreed upon buffer landscaping for Diversified Controls be sent to the owners so they understand what was agreed upon. Then they can sign the memo and send it to the Conservation Board to make their recommendations.
The Town Attorney stated that after the Conservation Board makes its recommendations, the Town Board could adopt a resolution directing that the determinations do occur through stipulation with Diversified Controls.
The resolution was unanimously adopted.
Councilman Mills stated that the Town received a letter from Joe Ippolito regarding the issue of buffer zones, which will be reviewed by the Town and Zoning Commission. Councilman Mills said there have been complaints about the Seasonal Landscaping (corner of Southwestern Blvd. and Angle Road) using Angle Road. This company is also doing retail sales, which were not allowed.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to post a 10 ton weight limit on Angle Road.
The resolution was unanimously adopted.
Councilwoman Ackerman stated that computer recycling will take place at the University at Buffalo North Campus on Saturday, August 18, 2001, from 9:00 AM to 2:00 PM.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize sending a request to the New York State Department of Transportation to consider moving the placement of the traffic light at Route 240 and Princeton Place to Route 240 and Taylor Road.
The resolution was unanimously adopted.
The Town Clerk stated that she has received notification from the State Archives and Records Administration (SARA) that the Town has been awarded a Grant for $27,540.00 to microfilm all of the building permits and half of the general police files, along with a Canon MS 400 Paper Reader Printer for the Police Department for reading microfilmed documents.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #15, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$82,154.05 |
|
Part Town Fund |
3,534.57 |
|
Highway Fund |
30,298.57 |
|
Special Districts |
17,802.73 |
|
Trust & Agency |
7,938.80 |
|
Capital Fund |
8,607.76 |
The resolution was unanimously adopted.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby receive and file the following communication: 1) Town of West Seneca sent a notice of Public Hearing to be held on Monday, August 20, 2001, to consider granting a Special Permit at 1751 Orchard Park Road for a rental car business, and 2) State Archives and Records Administration (SARA): Notification to the Town of Orchard Park for an award of a Grant $27,540. Monies to microfilm all of the building permits and half of the general police files. Also awarded was a Canon MS 400 Paper Reader Printer for the Police Department. This will enable the police department to read their microfilmed documents.
The resolution was unanimously adopted.
Dan Larivey, 3719 Breem Street: He asked if the Town had stipulations on restriction of the driveway as to deliveries by West Herr and the Building Inspector stated that the hours are supposed to be 8:00 AM to 5:00 PM and to be locked when not in use. The Building Inspector stated that a letter is being sent to West Herr to that effect. Mr. Larivey asked if all the traffic would be directed down Breem Street if Webster were closed as proposed. Mr. Larivey suggested that a traffic light at Auckland would better serve the area involved. Supervisor Cudney stated that this would be a study and perhaps that is what the State may decide.
Nick Taneff, 279 Summit Avenue: He thanked the Town Board for coming together and trying to help resolve the situation with Diversifed Controls.
Marvion Ashburn, 6326 Benning Road: He asked if Tops received the final approval for their building permit and wanted to know why they are removing trees and feels that nothing should be done to the landscape until building permits are approved. Mr. Ashburn also wanted to know if the Town takes out a bond shouldn’t the taxpayers be allowed to vote on approval of the bond. The Town Attorney explained that law does not authorize it so you can have the people vote on every issue, but a permissive referendum, petitioned by the citizens would allow it.
Ruth Kabel, 3913 Baker Road: She wanted to thank Councilman Mills and stated that construction started on the drainage problem on her property and the Naslund property. Mrs. Kabel said she received a letter and wants to be sure that this letter will hold up in court since it has only Councilman Mills signature on it, and she wants to be assured that the drainage will done on her property if the Baker Road reconstruction is not finished by the year 2003. Supervisor Cudney explained that it is difficult to guarantee the exact date on a big project as to it completion and the Town Board is doing all they can to help her situation. The Town Engineer stated that there is a natural drainage way onto Mrs. Kabel’s vacant parcel adjoining her property and when the Town does improve Baker Road that drainage can be easily closed in the pipe, but at this time, that would constitute benefiting private property which would be a problem for the Town. Councilman Buyer asked the Town Engineer if steps could be taken to include addressing Mrs. Kabel’s drainage in the Baker Road design. The Town Engineer stated that would be difficult because until Baker Road is surveyed, designed and right-of-way acquired there is no way of knowing which way the alignment would be for the drainage.
Councilman Jemiolo suggested that the Town Board put forth a resolution stipulating the work would be done in the year 2003 and be signed by the entire Town Board members. After further discussion, the Town Board tabled the idea of a resolution until because they feel need more information to adequately address the problem for Mrs. Kabel.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 8:20 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk