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 19th day of December 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
Stanley A. Jemiolo Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Chief of Police
Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
ABSENT: Nancy W. Ackerman Councilwoman
Supervisor Cudney announced that the Town Board is going to have special presentation for two men who have officially served the Orchard Park Community for over twenty-five years and will be retiring from their positions at the end of this year, Councilman John Mills and Town Justice Edmund Brown. She stated this will be the last Town Board Meeting with Councilman Mills and the Town Board would like to recognize him with the following plaque: In recognition of John J. Mills, for twenty-five (25) years of public service to Orchard Park and Western New York as; Public Safety member from 1976 to 1977, Zoning Board of Appeals member from 1978 to 1981, Chairman of the Zoning Board of Appeals from 1979 to 1981, Councilman from 1982 to 2001, Deputy Supervisor from 1989 to 1997, Zoning Commission co-founder in the 1980’s and 2000’s, and Southtowns Sewer Treatment Agency Chairman 1985 to 2001.This is presented with heartfelt thanks by the Town Board of Orchard Park on behalf of the community on December 19, 2001.
Supervisor Cudney opened the floor to anyone who wanted to honor and thank Councilman Mills and give him their best wishes. At this time all Elected Officials, Department Heads and residents of the community told some great stories about their colleague and gave Councilman Mills their best wishes for him and his family. The floor was then turned over to Councilman Mills.
Councilman Mills said he would like to thank three different groups of people; His family who are the ones who sacrificed the most because of his time away when he was on the Town Board, even though they always supported him and felt he was doing the right thing; His extended family in the Town Hall who have helped him out through the years; and the residents for electing him into this office five times. Councilman Mills said he feels very rewarded that he had the opportunity to serve and he is going to deeply miss it.
At this time Supervisor Cudney stated the second presentation this evening is for Town Justice Edmund S. Brown Jr. The Town Board has a plaque made to honor Judge Brown and it reads as follows: This is in grateful recognition in honor of Edmund S. Brown Jr. Esquire, who has served as Town Justice for six terms, twenty-four years of public service to the Town of Orchard Park, from 1978 to 2001. This is presented with heartfelt thanks by the Town Board of Orchard Park on behalf of the community on December 19, 2001.
Supervisor Cudney opened up the floor to all who wished to honor Judge Brown and wish him well in his retirement. At this time the Elected Officials, Department Heads and residents of the community gave Judge Brown best wishes for he and his family. The floor was then turned over to Judge Brown.
Judge Brown stated he would like to thank both Police Chief Robert Henning, Police Chief Sam McCune and Town Justice John Curran for all their assistance throughout the years. He stated he wanted to honor the people who have served in the Town Court during his tenure and thanked them for all the dedicated service. Judge Brown also stated that he was very grateful to the voters who elected him as Judge for the last six terms.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the minutes of the Town Board Meeting, held on December 5, 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 duly adopted.
Old Business #1 Schedule Public Hearing to rezone property/Big Tree Rd/20A @ California Road
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town Board of the town of Orchard Park, New York (“Town Board”), is lead agency under SEQRA for the review of the Fox Run project; and
WHEREAS, New Life Management and Development, Inc., of Mt. Laurel, New Jersey, on behalf of the United Church Homes Society, has submitted an application for the rezoning of property located on the south side of Big Tree Road and the east side of California Road for the project from R-3 to B-2. A complete metes and bounds description of this property is on file in the Town Clerk’s office for on-site inspection during regular business hours; and
WHEREAS, January 28, 2002, is the date which has been set as the last day to receive public comments on the DEIS and the Town Board wants to confirm that date by formal resolution; and
WHEREAS, the Town Board has determined to hold a public hearing on the DEIS and to hold a public hearing on the application for rezoning, at which time all interested persons will be given an opportunity to be heard, and that these pubic hearings may be combined.
NOW, THEREFORE, be it
RESOLVED, that a public hearing on the draft environmental impact statement and the application for rezoning be held by the Town Board on January 16, 2002, at 7:00 PM (local time) at the Municipal Center, S4295 South Buffalo Street, Orchard Park NY 14127, and be it further
RESOLVED, that the notice of completion of draft environmental impact statement and notice of public hearing under the provisions of SEQRA and Town Law for the rezoning application be filed, circulated and published in the official newspaper of the Town of Orchard Park, New York, at least ten (10) days in advance of such hearing and that said notice be filed and circulated in accordance with the requirement of 6NYCRR 617.12 of SEQRA and that the rezoning notice be mailed to property owners pursuant to the Orchard Park Zoning Ordinance, and be it further
RESOLVED, that public comments on the draft environmental impact statement will be received by Sarah K. desJardins, Planning Coordinator, at S4295 South Buffalo Street, Orchard Park, New York 14127, until 4:30 PM on January 28, 2002.
The resolution was duly adopted.
Old Business #2 Award the bid for Three (3) New 2001 Police Patrol Cars
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, sealed bids for three (3) patrol cars for the Police Department were opened on December 11, 2001 at 10:00 AM (local time) in the Supervisor’s Conference Room in the Orchard Park Municipal Center
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby award the bid for three (3) New 2001 Police Patrol Cars to West Herr Ford, 5025 Camp Road, Hamburg NY 14075, the apparent lowest responsible bidder, for $44,631.00, as recommended by the Chief of Police.
The resolution was duly adopted.
New Business #1 Dedication for PIP #2001-02 for Orchard Meadows Subdivision, Part 8, Phase 8
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, a final inspection was conducted of the public improvements installed in the Orchard Meadows Subdivision, Part 8, Phase 8, and the project included the extension and connection of Peppermill Road and Thornapple Lane, which will allow 19 new single family residential lots to be developed, and
WHEREAS, all of the work has been satisfactorily completed in accordance with Town Specifications with the exception of grading and seeding which will be completed in the spring, and, the Town is in receipt of $10,000.00 cash security which will be held in escrow until the grading and seeding is completed, and
WHEREAS, a two-year maintenance bond in the amount of $175,000.00 has been submitted along with all other necessary legal documents,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in the Orchard Meadows Subdivision, Part 8, Phase 8, constructed under PIP #2001-02, and be it further
RESOLVED, that the Town Clerk is hereby authorized to release the performance security in the amount of $35,000.00, as recommended by the Town Engineer.
The resolution was duly adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, a final inspection was conducted of the public improvements installed in the Birdsong Subdivision, Part 1, Phase 3, and the project included the extension of Woodthrush Trail and the construction of Kingfisher Court, as well as the completion of Tanager Terrace connecting Birdsong Subdivision to Fox Chapel Drive, which will allow 19 new single family residential lots to be developed, and
WHEREAS, all of the work has been satisfactorily completed in accordance with Town specifications with the exception of street lighting and some grading and seeding, which will be completed in the spring, and the Town is in receipt of $13,000.00 cash security for street lighting and $16,000.00 cash security for seeding and grading, which will be held in escrow until that work has been satisfactorily completed, and
WHEREAS, a two-year maintenance bond in the amount of $350,000.00 has been submitted along with all other necessary legal documents
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in Birdsong Subdivision, Part 1, Phase 3 constructed under PIP #2001-03, and be it further
RESOLVED, that the Town Clerk is hereby authorized to release the performance security in the amount of $70,000.00, as recommended by the Town Engineer.
The resolution was duly adopted.
New Business #3 Dedication for PIP #2001-04 for Windy Hill Farms Subdivision, Part 2 Phase 1
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, a final inspection was conducted of the public improvements installed in the Windy Hill Farms Subdivision, Part 2, Phase 1, which included the extension of Wildwood Lane and construction of Woodbine Court, which will allow 12 new single family residential lots to be developed, and
WHEREAS, all of the work has been satisfactorily completed in accordance with Town specifications with the exception of street lighting and some grading and seeding which will be completed in the spring, and the Town is in receipt of $8,000.00 cash security for street lighting and $10,000.00 cash security for seeding and grading, which will be held in escrow until that work has been satisfactorily completed, and
WHEREAS, a two-year maintenance bond in the amount of $225,000.00 has been submitted along with all other necessary legal documents
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in the Windy Hill Farms Subdivision, Part 2, Phase 1, constructed under PIP# 2001-04, and be it further
RESOLVED, that the Town Clerk is hereby authorized to release the performance security in the amount of $45,000.00, as recommended by the Town Engineer.
The resolution was duly adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, upon dedication of the Birdsong Subdivision, Part 1, Phase 3, and Orchard Meadows Subdivision, pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York, as recommended by the Town Engineer
ORDERED, that a 30 MPH Area Speed Limit Sign be erected effective immediately, within the Town of Orchard Park, outside the incorporated Village of Orchard Park, on northbound Tanager Terrace, north of Fox Chapel Drive, and be it further
ORDERED, that stop signs be erected effective immediately, within the Town of Orchard Park, outside the incorporated Village of Orchard Park, on Kingfisher Court at the intersection of Woodthrush Trail and on Tanager Terrace at the intersection of Fox Chapel Drive, and be it further
ORDERED, that a stop sign be erected effective immediately, within the Town of Orchard Park, outside the incorporated Village of Orchard Park, on Thornapple Lane at the intersection of Old Orchard Lane
And it is further
ORDERED, that the Town Board does hereby direct the Superintendent of Highways to post the proper and necessary signs at said locations.
The resolution was duly adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the 2002 Going Places Senior Van Contract with the Erie County Department of Senior Services.
The resolution was duly adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request of the Orchard Park Chamber of Commerce to use the Water Tower for it’s 2002 New Year’s Eve Ball Drop.
The resolution was duly adopted.
New Business #7 Approve 2001 Stable Permit for Long Snap Stables
10) 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 2001 Public Stable Permit for Long Snap Stables, 6160 Benning Road, Orchard Park, as recommended by the Building Inspector.
The resolution was duly adopted.
11) 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 authorize the following appointment, dependent upon the applicant providing the required certifications, to the Fall/Winter 2001-2002 Recreation Staff, as recommended by the Recreation Director.
Mike Sedar 140 Curley Drive Sub/Dir.
The resolution was duly 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 refer the request of the West Herr Auto Group for additions to 3359 Southwestern Blvd., the existing Saturn dealership, and 3565 Southwestern Blvd. (the existing Subaru dealership) to the Planning Board and the Conservation Board.
The resolution was duly adopted.
Elected Officials & Department Heads
13) 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 following budget transfers, as recommended by the Tax Receiver:
$610.00 From: A.1330.000.200 Office Equipment
To: A.1330.000.419 Other Expenses
The resolution was duly adopted.
Supervisor Cudney said she wanted to thank Edward Pace for being her Deputy Supervisor for the past two years and for his support and counsel. She also wished him well in his new position as Town Justice
Supervisor Cudney requested that the Town Attorney explain to the residents of Newton Road why the proposed rezoning on Newton Road was not put on tonight’s agenda. Town Attorney Berkowitz explained that when the Public Notice for the rezoning of this property was originally published, there was some question as to whether the Zoning Map correctly described the area that was originally scheduled to be rezoned. Since the Public Hearing for that parcel was a year and a half ago, there is going to be another Public Hearing regarding this parcel and the Public Notice will be published again, with a greater description of the area, to make sure that the entire area in question is covered. The Town Engineer is preparing a description of the area and as soon as that is completed, the Public Hearing will be scheduled.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town of West Seneca Water District No. 3 (hereinafter referred to as the “WSWD #3”) has applied to the Town of Orchard Park Water District No. 15 (hereinafter referred to as “OPWD #15) to obtain a supply of potable water at ample pressure and flow from OPWD #15 to service a portion of WSWD #3, and
WHEREAS, as beneficiary of the existence of the said Facilities, WSWD #3 recognizes its responsibility to contribute to the costs incurred by OPWD #15 in the maintenance, refurbishing and/or capital improvement to the Facilities, and
NOW, THEREFORE, in consideration of receiving a supply of potable water at ample pressure and flow from OPWD # 15 to the section of WSWD #3 along Southwestern Boulevard the parties agree as follows:
WSWD #3 herein shall contribute (or reimburse) OPWD #15 for any cost incurred by OPWD #15 for maintenance, refurbishing and/or capital improvement (including the replacement of transmission equipment or facilities due to failure or obsolescence, as may become necessary from time to time), after the next scheduled refurbishment by the Erie County Water Authority (hereinafter referred to as “ECWA”), in proportion to the total, actual water usage of the portion of WSWD #3 to the total, actual water usage of the portion of OPWD #15. Capital improvements shall be paid over the length of the financing in the same manner as paid by other users in OPWD #15.
The calculation of total, actual water usage shall be based upon water usage records kept by the ECWA. The Towns of Orchard Park and West Seneca shall use their best efforts to obtain assistance from ECWA with respect to any portion of the Orchard Park Facilities that would constitute transmission facilities.
The Town of West Seneca agrees not to extend their service beyond the area defined, or execute any agreements or contracts for the extension of water service beyond that area, without the prior written consent of the Town of Orchard Park, and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an Agreement with the Town of West Seneca authorizing OPWD #15 to supply public water to a portion of West Seneca Water District #3 on Southwestern Boulevard east of Lydecker Road, as recommended by the Town Attorney.
The resolution was duly adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #23 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$69,416.14 |
|
Part Town Fund |
$1,073.57 |
|
Highway Fund |
$23,905.66 |
|
Special Districts |
$101,422.92 |
|
Trust & Agency |
$3,435.09 |
|
Capital Fund |
$298,389.82 |
The resolution was duly adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Report as entered on the agenda: Building Inspector’s Monthly Report and Building Permits for November 2001.
The resolution was duly adopted.
Nick Taneff, 279 Summit Avenue: Regarding the subcontracting crew from NYSEG leaving a mess behind after trimming the trees.
There being no business from the floor, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 7:52 PM (local time).
Respectfully Submitted,
Town Clerk