Before the meeting opened, Reverend Elena Delgado, from the Orchard Park Presbyterian Church did the Invocation. 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 3rd day of January 2001 at 7:45 P.M., (local time) immediately following the 2001 Organizational Meeting. 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
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, the minutes of the Town Board meeting held on December 20, 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.
Old Business #1 Award Bid for Three New Police Patrol Vehicles
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town of Orchard Park did receive and opened bids on December 18, 2000 for three (3) New 2001 Police Patrol Vehicles, and
WHEREAS, all the bids at the opening had signed Non-Collusion Statements except West Herr Ford, who filed a late Non-Collusion Statement on January 2, 2001.
RESOLVED, that the Town Board does hereby accept the late Non-Collusion Statement from West Herr Ford, and be it further
RESOLVED, that the Town Board does hereby award the bid for the three (3) New 2001 Police Patrol Vehicles for the Orchard Park Police Department to West Herr Ford, 5025 Camp Rd., Hamburg NY, in an amount not to exceed of $ 49, 428.00 with two trade-ins, being the lowest responsible bidder thereof, as recommended by the Chief of Police.
At this time the Town Attorney, Leonard Berkowitz, stated that the bids for the Police Vehicles were all received with a signed Non-Collusion statement except for West Herr’s bid, which was the lowest bidder. A signed Non-Collusion Statement from West Herr Ford was received on January 2, 2001. Town Attorney Berkowitz stated that he thought it was in the best interest of the Town to accept the lowest bid and the late Non-Collusion Statement from West Herr Ford.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the Town has received a change order to the contract with Pratt & Huth Associates for the Quaker Centre Industrial Park Project, Phases 5 & 6 in the amount of an increase of $2,273.75, and
WHEREAS, the change order is for additional work required to redesign the drainage and embankment slopes on Cobham Drive in order to avoid damage to several trees located on the Carleton Technologies, Inc., property, as Carlton refused to sign an easement needed for the project unless the proposed drainage system was redesigned, and
WHEREAS, in addition to the costs of redesign, Carleton’s demands resulted in a significant increase in construction costs to install 163 linear feet of 24 inch diameter storm pipe and manhole, and the construction cost for this change was $13,3220.00, which was paid by increasing the quantities for certain itemized prices in the Town contract with Kandey Company
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve Change Order #3 to the Town Contract with Pratt & Huth Associates, LLP, for the Quaker Centre Industrial Park Project, Phases 5 & 6, an increase of $2,273.75, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #3 Change Order #3 for Quaker Centre Industrial Park Project, Phases 5 & 6.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has received a request for a change order to the contract with Kandey Company Inc. for the Quaker Centre Industrial Park project, Phases 5 & 6 in the amount of an increase of $3,558.68, which would bring the total contract amount to $984,353.99, and
WHEREAS, the change order is for additional work that was required to install joint restrains at the gate valves and PVC pipe joints in order to comply with the new Erie County Water Authority construction specifications that were not in place at the time the project was bid on, (ECWA revised their standard specifications and details last year, mandating that joint restraints be installed on lease-managed waterlines) and the cost of this work was calculated on a time and material basis in accordance with the provisions of the contract
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Change Order #3 to the Town contract with Kandey Company Inc., for the Quaker Centre Industrial Park Project, Phases 5 & 6, an increase of $3,558.68, as recommended by the Town Engineer.
The resolution was unanimously adopted.
At this time Supervisor Cudney prefaced the following resolution with a comment about farmland and open space protection. She stated that it is quite evident in Orchard Park as every large project comes before the Town Board it is opposed by the residents of our town; that there is currently a crisis in farming in America; that there is renewed interest in Urban Sprawl in our communities. She also stated there is a real concern by citizens in the Town about the loss of green space and too much development. She commented that Western New York is the 11th most threatened agricultural region, based on threats of Urban Sprawl and lack of prime productive farmland, and that “The American Farmland Trust” is establishing a field office in Western New York. Her last thoughts were “farmland is not the only concern of the Town Board. The Board is also concerned with the town forests and green space”.
New Business #1 Establish Open Space and Farmland Protection Task Force & make appointments
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town of Orchard Park has local laws to protect some open spaces through the Conservation easement, and
WHEREAS, the Town of Orchard Park has adopted the Open Space Plan and Recommendations of the Town of Orchard Park Conservation Board, and
WHEREAS, the Town of Orchard Park has authorized the acceptance of grant funding from Erie County for a Comprehensive Master Plan in 1999, and
WHEREAS, the grant funding requires the Town of Orchard Park to include an agricultural element into the planning document and identify other farmland areas meeting the “Countywide Significance Criteria” for agricultural lands, and
WHEREAS, the request for proposal for the grant funded Master Plan consultant prepared and issued by the Town of Orchard Park on 12/17/99, identified a land use issue to be considered as; “Establishing policies and action plans that will guide the preservation of farmland, wetlands, watersheds and green space”, and
WHEREAS, the Town of Orchard Park Conservation Board Annual Report, issued on 7/20/00 expressed concern regarding the adoption of farmland protection measures in the Town of Orchard Park, and
WHEREAS, there is a recognition by the Town Board that the taxpayers of Orchard Park are concerned about the loss of open space and farmland to development, and
WHEREAS, a group of concerned citizens have been meeting since September 2000, and have volunteered to act as a Task Force for Open Space Preservation and Farmland Protection,
RESOLVED, that the Town Board of the Town of Orchard Park hereby creates the formation of such a Task Force, as a sub-committee of the Conservation Board, and hereby charges the Task Force to make recommendations on this subject, specifically to:
§ Identify criteria for prioritizing and ranking valuable open space and farmland
§ Identify property owners interested in participating in open space and farmland protection programs, provided that the purchase of Development Rights will be the last option to be applied.
§ Identify costs associated with such programs as well as mechanisms of funding, provided that the purchase of Development Rights will be the last option to be applied.
§ Identify significant open space that may enhance Town parks and trail systems, for the future, and be it further
RESOLVED, that the Town Board authorize the following appointments to the Task Force for Open Space Preservation and Farmland Protection:
§ William Harrington, 2 Lockwood Lane, Orchard Park – Chairman
§ James Loesch, 32 Melant Drive, Orchard Park – Chairman of the Conservation Board and liaison to the Conservation Board
§ Sarah DesJardins, 121 South Lane, Orchard Park
§ Melody Distler, OP Box 1073, Orchard Park
§ Darlene Vogel, 43 Errington Terrace, Orchard Park (in an advisory role)
§ Chet Jandzinski, as liaison to Erie County
At this time Councilman Buyer stated that everyone on this Town Board is concerned with the preservation of farmland and green space, but the use of “Purchasing Development Rights” is not a cost effective way for the Town of Orchard Park to manage land preservation. Therefore, the addition of the statement “provided that the purchase of Development Rights will be the last option to be applied” to the originally proposed resolution made this resolution acceptable. Councilman Buyer also stated the job of this Task Force will be to look for new viable ways to protect our farmlands and greenspace and concentrate on different approaches of protection other than the purchase of Development Rights.
Councilman Mills stated a long-range plan should be put in place in order to accomplish the goals of this resolution and the acquisition of properties. Currently there are several capital projects on the books that will require substantial funds to complete. The projects and their costs need to be prioritized, including land acquisitions and the Town Board has to be realistic about what can be done.
Councilman McCarville said he was glad that the Town Board was able to compromise on this proposed resolution and happy to see this Task Force put together. He stated that he realizes that the cost of pursuing this concept may bother some of the Town Board members, but that upon further review, the cost of saving green space may be less expensive than the costs associated with residential development.
Supervisor Cudney thanked the Town Board for supporting this resolution as she feels this is a very important step, one that should have been done years ago to help maintain farmlands and green space in Orchard Park. She also stated farming is a very important component of New York State’s economy and
important to Orchard Park as well. Supervisor Cudney stated she will instruct the task force to look at purchase of Development Rights as a last option. She pointed out that the Town of Orchard Park needs to something and we need to do it soon.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Patrick Fitzgerald has been provisionally appointed to the position of Public Safety Dispatcher to the Orchard Park Police Department, and has taken the Civil Service exam for this position in which he scored in the top three
RESOLVED, that the Town Board does hereby appoint Patrick Fitzgerald to the permanent position of Public Safety Dispatcher, as recommended by the Chief of Police.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, Connie Freeman has been provisionally appointed to the position of Police Clerk to the Orchard Park Police Department, and has taken the Civil Service exam for this position in which she scored in the top three
RESOLVED, that the Town Board does here by appoint Connie Freeman to the permanent position of Police Clerk, as recommended by the Chief of Police.
The resolution was unanimously adopted.
New Business #4 Authorize Building Inspector & assistants to attend Conference
8) 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 authorize the Building Inspector, and his assistants, to attend the Niagara Frontier Building Officials educational conference on February 5-7, 2001, Radisson Hotel, Cheektowaga New York, at Town expense.
The resolution was unanimously adopted.
9) 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 request of Clover Management, 20 acres located at 3336 Eggert Road, to build 120 luxury townhouse style apartments, to the Planning Board and the Conservation Board.
The resolution was unanimously adopted.
Elected Officials & Department Heads
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 approve the following budget transfers as recommended by the Highway Superintendent:
$ 2,000.00 To: A.5010.000.400 Office Supplies
From: A.5010.000.137 Part Time Clerical
$ 25,000.00 To: DA.5142.000.402 Snow Supplies
$ 10,000.00 From: DA.5110.000.472 Highway-Stone, Gravel, Road Oil
$ 15,000.00 From: DA.9010.000.810 Highway-Retirement
The resolution was unanimously adopted.
11) 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 approve the following budget transfers as recommended by the Recreation Director:
$ 185.00 To: A.7020.000.137 Salary – Part Time Clerical
From: A.7020.000.149 Salary- Recreation Personnel
The resolution was unanimously adopted.
Supervisor Cudney stated she has received an invitation from the Amherst Supervisor, Susan Grelick, to attend a Regional Summit on 1/18/01 regarding the “Opportunities of E-Government, what it can provide for our Region”. She stated all elected officials are welcome to attend. Supervisor Cudney said she is going to try to attend and see what benefits E-Government can offer to the Town of Orchard Park. Supervisor Cudney also stated she was invited to a meeting on 1/7/00 presented by the Buffalo City Comptroller to share thoughts and goals on improving bond ratings in the Western New York region.
Councilman Mills stated interviews for the Assistant Building Inspector job will be taking place on January 10, 2001 at the work session. Councilman Mills stated that the roof in the Senior Center is leaking, and he feels the money should be spent to repair the building instead of waiting for grant money to come in for the Senior Center’s repair. He claims it needs to be taken care of now.
Councilman Mills then congratulated Councilman Steve McCarville on being appointed to the position of County Legislator in Erie County. It has been a long time since the Town of Orchard Park has had a resident as our County Legislator. Councilman Mills asked Councilman McCarville to remember the Town when he moves up to his new seat. He wished Councilman McCarville great success in the Legislature.
Councilman Buyer commented on parts of a letter from New York State Department of Transportation to the Town of Orchard Park. Due to the concerns of the Town, NYSDOT will review the need for a traffic signal at the intersection of Big Tree Road and California Road based on existing conditions. The NYSDOT requested that the Town supply site generated traffic studies from all proposed developments in the vicinity to supplement their analysis.
Councilman Buyer asked his fellow Board Members if anyone has supplied this information to the NYSDOT yet. He felt that the Town should supply as much information to the NYSDOT as possible to help in the review of this intersection. Councilman Buyer also congratulated Councilman McCarville on his new seat in the Erie County Legislature. He stated he is going to miss Councilman McCarville, even though he is glad to see him move up. Councilman Buyer wished him well and told Councilman McCarville that he had done a good job the three years he was on the Town Board.
Councilwoman Ackerman told Councilman McCarville that it has been a joy to sit next to him for the past three years and wished him lots of luck. She also told Councilman McCarville to make sure he comes back often and not to be a stranger.
Councilman McCarville said that this brings him to his final report after having the honor to serve this community for ten years, first as Village Trustee then as Town Councilman. He stated he is proud and pleased to continue serving this community as County Legislator. Councilman McCarville said the reason he became involved with politics is because he wants to serve the people of this community in which he has strong roots. He stated as their representative in the County Legislature, he will still be working with everyone on the Town Board and will be very accessible. He commented that his office would be at the same location as Former Legislator Fred Marshall, in the Town of East Aurora. Councilman McCarville thanked everyone on the Town Board for being positive and productive, and for working for the betterment of Orchard Park and promised to do so himself.
Town Clerk Colarusso, Town Attorney Berkowitz, Building Inspector Campion, Police Chief McCune, Highway Superintendent Geitter and Town Engineer Merritt all joined in to congratulate Councilman McCarville and wished him good luck.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #1 following auditing by members of the Town Board and in the funds indicated:
General Fund $ 101,844.38
Part Town Fund $ 2,689.69
Highway Fund $ 65,840.64
Special Districts $ 68,362.02
Trust & Agency $ 7,035.02
Capital Fund $ 18,980.69
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following reports: 1) The Orchard Park Police Chief’s report for November 2000, and 2) The Building Inspector’s report and Building Permits for November 2000. (Please note the above reports were approved on the December 20, 2000 Town Board Meeting.)
The resolution was unanimously adopted.
Bob Frantsits, 4270 California Road: He congratulated Steve McCarville and wished him good luck. Mr. Fransists asked if the Board has vigorously pressured the State DOT regarding a light at the Big Tree & California Road intersection, and he said the State should come out to review this site between 3:00 PM and 6:00 PM during the week. Mr. Frantsits also asked if the court case of Mr. Walter Schmidt suing the Town of Orchard Park has taken place yet? Town Attorney stated the case is scheduled for January 17th, at the Erie County Supreme Court.
Marvion Ashburn, 6326 Benning Road: He congratulated Councilman McCarville on his appointment, thanked him for his service to this community. Mr. Ashburn and his wife extend their best wishes.
Lorraine Biryla, 57 Greenmeadow Drive: She congratulated Councilman McCarville on his appointment, and asked him to remain just the way he is when he goes to the Legislature. She stated she feels he is a very special person.
Jeffery Abate, 25 South Lincoln Avenue: He stated he and Steve have been friends for many years, and Mr. Abate said he knows no one in this town who cares more about this town. Congratulated Steve on his appointment and said that he knows Steve will continue representing Orchard Park in the Legislature.
Chris Sasiadek, 275 Summitt Avenue: He congratulated Councilman McCarville on his appointment. Mr. Sasiadek said his understanding of agricultural property from some of the board meetings is that they pay more taxes in comparison with other types of property for what they get in services. So would it not be better to subsidize farmland, which preserves the character of our area, rather than industrial properties, which detract from our area. Mr. Sasiadek then asked if the Town Board is working on the Zoning Ordinance regarding political signs, and that he would be glad to join the Town Board in working on this amendment.
At this time Supervisor Cudney congratulated Councilman McCarville and wished him well in the Erie County Legislature. She stated she knows Steve cares very much about the Town of Orchard Park and the residents that live here. She feels that Councilman McCarville votes with his heart. She hopes he brings those same feelings to the Legislature for there are many more people to care about at that level. Supervisor Cudney said she will miss having Councilman McCarville next to her on dais at Town Board meetings.
There being no business from the floor, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned, in honor of Councilman McCarville, at 8:42 PM.
Respectfully Submitted
Janis A. Colarusso
Town Clerk