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 2nd day of July 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 BUYER, TO WIT:
RESOLVED, the minutes of the Town Board Meeting held on June 6, 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 Accept the map, plan & report for the proposed Yard Waste Reclamation Center
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, in the matter of the Increase and Improvement of Facilities of Refuse and Garbage District, in the Town of Orchard Park, in the County of Erie, New York, pursuant to Section 202-b of the Town Law, and
WHEREAS, following the preparation of a map, plan and report by the Clough, Harbour & Associates, LLP, engineers duly licensed by the State of New York (herein called “Engineers”), for the increase and improvement of facilities of the Refuse and Garbage District (herein called “District”) in the Town of Orchard Park (herein called “Town”), in the County of Erie, New York, consisting of the construction of a yard waste management facility, detention pond, asphalt pad, buildings, original furnishings, equipment machinery and apparatus; and pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be $2,320,000; the Town has $520,000 in available funds to pay a part of said cost, the balance shall be finances by the issuance of serial bonds of the Town in the amount of $1,800,000 and any grant funds that may be received from the United States of America and/or the State of New York with respect to such increase and improvement of facilities shall be applied toward the cost of said project or redemption of any bonds issued therefor or may be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds; and
WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of the facilities of the District may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused thereby; and
WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law and, in connection therewith, the duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk; and
ORDERED, that a meeting of the Town Board of the Town of Orchard Park, be held at the Town Hall in the Town of Orchard Park, on the 18th day of July, 2001 at 7:00 o’clock PM (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it
FURTHER ORDERED, that the Town Clerk publish at least once in the “Southtowns Citizen,” a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing.
The question of the adoption of the foregoing resolution was duly put to 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 Stanley A. Jemiolo, Jr. Aye
The resolution was unanimously adopted.
New Business #1 Authorize dedication of Cobham Drive & install stop sign, Cobham @ Big Tree
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the final inspection of the improvements for Quaker Centre Industrial Park Phases V & VI, Cobham Drive Extension, Centre Drive/Rte. 20A, was held on June 27, 2001, and
WHEREAS, all the materials and workmanship incorporated into the project were found to be in compliance with the Town of Orchard Park standards and specifications, with the exception of some minor punch list items the project is completed.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the improvements constructed for Quaker Centre Industrial Park Phases, V & VI so that the Cobham Drive extension may be opened to traffic, and be it further
RESOLVED, that the Town Board does hereby adopt a traffic order authorizing the posting of a stop sign on Cobham Drive at its intersection with Big Tree Road.
The resolution was unanimously adopted.
New Business # 2 Work Agreement with Tom Greenauer Dev. for the Baker Road Drainage Project
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, as directed by the Town Board, the Engineering Department prepared the construction drawings for the Baker Road Drainage Outlet Project, and
WHEREAS, the design calls for the installation of approximately 369 linear feet of 18 inch perforated pipe along the general alignment of the existing natural drainage swales in the front yards of the homes at #3913, #3927 and #3937 Baker Road, and
WHEREAS, easement maps and descriptions will be forwarded to the Town Attorney to obtain the necessary signatures of the affected property owners, and
WHEREAS, the total estimated cost of this project is $35,000 and in order to avoid the expense and time frame for the public bidding process required when municipal public works construction project cost more than $20,000, the Town Highway Superintendent has agreed to furnish all the materials for the project with the exception of the concrete and blacktop needed for driveway restoration which allowed the Town to solicit informal quotes from four local contractors
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign a work agreement with Tom Greenauer Development, Inc., 2699 Transit Road, PO Box 250, Springbrook, New York 14140 for the Baker Road Drainage Outlet Project for the lump sum bid of $18,150.00.
The resolution was unanimously adopted.
Establish a Capital Reserve Fund Account for Baker Road Drainage Outlet Project
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby establish a capital project account for the Baker Road Drainage Outlet Project and authorize the transfer of $35,000 from the General Capital Reserve Account (#H27) to the above referenced capital project account (#H15).
The resolution was unanimously adopted.
New Business #3 Agreement between the County and the Town regarding the West Nile Virus
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the MUNICIPALITY agrees to assist COUNTY in seasonal mosquito control by assisting in the application of methoprene, a larvicide provided by the County, and
WHEREAS, the Erie County Legislature has appropriated funding to the Department of Health for the purpose of enabling it to carry on and provide such service solely within the County.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES:
1. MUNICIPALITY agrees to:
a. Apply altocid 150 briquettes to storm sewer catch basins solely within their municipality, by certified pesticide technicians and/or certified pesticide applicators in compliance with DEC requirements and product label directions.
b. Complete and transmit original forms from the DEC to the County, and maintain an office copy to be available for inspection upon request, all as required under DEC guidelines.
2. COUNTY agrees to:
a. Supply altocid 150-day briquettes, brochures and product label information for use by the MUNICIPALITY.
b. Provide instruction material to each certified pesticide technician and certified pesticide applicator as designated by the MUNICIPALITY.
c. Provide on-site instruction for proper application of product and proper record keeping procedures pursuant to DEC regulations.
d. Provide off-site supervision to certified pesticide technicians and certified pesticide applicators. Erie County Department of Health employees who are certified pesticide applicator will respond to inquiries, via telephone within 30 minutes of a request from MUNICIPALITY.
e. Following receipt of reports from MUNICIPALITY, COUNTY to submit all reports as required to the DEC.
THIS INTER-GOVERNMENTAL AGREEMENT is made and executed pursuant to Erie County Resolution Comm. 12E-40, dated May 24, 2001.
The resolution was unanimously adopted.
New Business #4 & 5 Approve Stable Permits for Chestnut Creek & Johnny Chapman Stables
7) 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 approve the 2001 Stable Permits for Chestnut Creek Farm, 5624 Chestnut Ridge Road and Johnny Chapman Training Stable, 5999 South Abbott Road, as recommended by the Building Inspector.
The resolution was unanimously adopted.
New Business #6 Orchard Park Lions Club holding Annual Antique Car Show, July 28, 2001
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from the Orchard Park Lions Club to hold their Annual Antique Car Show during Quaker Days, Saturday, July 28, 2001 and to close off North Buffalo Street from 11:00 AM to 5:00 PM.
The resolution was unanimously adopted.
New Business #7 Independence Heights Residents holding Block Party August 11, 2001
9) 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 approve the request from the residents of Independence Heights to hold their Annual Block Party, Saturday, August 11, 2001, in the cul-de-sac, and to barricade the road to ensure the safety of the children.
The resolution was unanimously adopted.
New Business #8 Appointment to the Orchard Park Police Department
10) 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 Appointment of Robert A. Simmons, 258 Velore Avenue, Orchard Park, New York 14127, to the position of Police Officer, effective July 30, 2001, and be it further
RESOLVED, Mr. Simmons is scheduled for a physical examination, drug screening and physiological screening prior to July 30, 2001, in the unlikely event he fails any of these tests prior to July 30, 2001, his appointment may be rescinded, as recommended by the Police of Chief.
Councilwoman Ackerman stated that Robert Simmons speaks fluent Spanish as a result of his former employment. Supervisor Cudney stated that this appointment is from a civil service list and Mr. Simmons qualified as one of the top three candidates. At this time, Robert Simmons was not able to attend the Town Board Meeting; however, Chief McCune introduced the parents of Mr. Simmons to the audience.
The resolution was unanimously adopted.
New Business #9 Appointment to the New Trails Task Force
11) 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 appoint Stan Polonski, 6451 Milestrip Road, Orchard Park New York 14127, to the New Trails Task Force for the Town of Orchard Park.
The resolution was unanimously adopted.
New Business #10 Appointments to the Spring/Summer Staff for the Recreation Department
12) 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 authorize the following appointments, contingent upon the required certification, to the 2001 Spring/Summer Recreation Staff as recommended by the Recreation Director.
Name Address Position Rate
Sudhir Shenoy 59 Braunview Way A $5.75
Jessica Bilkey 357 Dupont Avenue A $5.75
Michelle Mitchell 105 Linden Ave., Tonawanda A $5.75
Erica Kabul 167 Raintree Pkwy., Tonawanda A $5.75
Heather Forrester 140 Loring Ave., Buffalo A $5.75
Kate Matusiak 106 E. Delevan Ave., Buffalo A $5.75
The resolution was unanimously adopted.
New Business #11 Refer to the Planning Board & Conservation Board
13) 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 refer the following to the Planning Board and the Conservation Board: Stadium Mobil, 3856 Southwestern Blvd. Second letter of intent requesting a building permit to build a 420 square foot addition to the rear of the building on the existing blacktop.
The resolution was unanimously adopted.
Supervisor Cudney extended a Happy Fourth of July to everyone with the reminder that the Parade will begin at 8:00 PM on Wednesday July 4, 2001, with a rain date on Thursday July 5, 2001. The Fireworks display will be held behind the Orchard Park Middle School at dusk following the Parade.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, the Town Board does hereby authorize a request to the New York State Department of Transportation for a traffic study at the corner of Mid County Drive, Route 20, and Breem Street, to determine if a traffic light is warranted and the possibility of closing off the connection of Webster Road and Route 20.
The resolution was unanimously adopted.
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 authorize the approval of all entries on Warrant #13, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$100,749.64 |
|
Part Town Fund |
1,986.28 |
|
Highway Fund |
35,842.07 |
|
Special Districts |
37,884.83 |
|
Trust & Agency |
8,147.25 |
|
Capital Fund |
96,711.62 |
The resolution was unanimously adopted.
16) 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 receive and file the following Communications as entered on the agenda: 1) Notice of Public Hearing on a rezoning request for 1100 Southwestern Blvd. to change from C-1 to C-2 to allow a restaurant, Monday, July 16, 2001 at 7:30 PM at the West Seneca Town Hall, 1250 Union Road, West Seneca, New York, and 2) Adelphia Cable sent a notice about the adjustments that they will be making with their rates for equipment and installation services in the Town of Orchard Park.
The resolution was unanimously adopted.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, the meeting was adjourned at 7:23 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk