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 21st day of March 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
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of Local Law #1-2001 which provides as follows: “Section 45-4 Electrical Inspectors and Section 45-6 Penalties for Unlawful Electrical Installation”.
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.
Section 45-4. Electrical Inspectors.
The Chief Inspector and each of the duly appointed Inspectors [of the New York Board of Fire Underwriters] of any inspection agency approved by the Town of Orchard Park under the provisions of this Chapter, are hereby authorized and deputized as agents of the Town of Orchard Park to make inspections and reinspections of all electrical installations heretofore and hereinafter described, and to approve or disapprove the same. In no event, will the cost or expense of such inspections and reinspections be a charge against the Town of Orchard Park.
Section 45-6. Penalties for Unlawful Electrical Installations.
It shall be a violation of Sections 45-4 and 45-5 for any person, firm or corporation to install or cause to be installed, or to alter electrical wiring for light, heat or power in or on properties of the Town of Orchard Park, until an application for inspection has been filed with [the New York Board of Fire Underwriters] any inspection agency, approved by the Town of Orchard Park under the provisions of this Chapter. It shall be a violation of Sections 45-4 and 45-5 for a person, firm or corporation…, or a certificate of compliance by [the New York Board of Fire Underwriters] any inspection agency approved by the Town of Orchard Park under the provisions of this Chapter.
Proponents: Timothy Thomas, 4611 Rte. #64, Canandaigua: He is a New York State Manager of another company, CEIS, and wants to be able to work in Orchard Park and to provide better service and the opportunity to give people other qualified choices for inspections.
Anthony Emmi, 528 Brisbane Bldg., Buffalo: Attorney for Commonwealth Electrical Inspection Service, Inc. He stated that many municipalities permit CEIS to perform electrical inspections in this area and would hope this trend continues to include Orchard Park.
Opponents: John Garvin, 3291 Lakeshore Road, Buffalo: Manager from the New York State Board of Underwriters. He suggested that the Town exercise caution in such areas as liability insurance and other detailed information that he has given to the Town Attorney plus the building code leaves the enforcement of the electrical inspection up to the code enforcement officer and he can appoint a third party to perform those inspections or do them himself.
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 “Local Law #1-2001, Section 45-4 Electrical Inspectors and Section 45-6 Penalties for Unlawful Electrical Installation”, is hereby closed at 7:18 PM (local time).
The resolution was unanimously adopted.
The following Local Law #4-2000 was not approved at the time of the Public Hearing 9/6/2000, but was adopted at this Town Board meeting, making it Local Law #1-2001.
Old Business #1 Local Law #4-2000 “Town Right-of-Way Landscaping Ordinance”, Public Hearing
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, a Public Hearing was held on September 6, 2000 in the matter of Local Law #4-2000 “ Town Right-of-way Landscape Ordinance”, and
WHEREAS, the Local Law #4-2000 needed further review and was not adopted at that time
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby adopt the proposed Local Law #4-2000 as the new Local Law #1-2001 “ Right-of-Way Landscaping Ordinance” to be accepted with minor changes from the Public Hearing on 9/6/2000, which reads as follows: Local Law #1-2001 entitled “Town Right of Way Landscaping Ordinance” is hereby requested.
The Town of Orchard Park believes that a healthy urban forest is an integral part of the Town’s infrastructure and is essential for the well being of all area residents. It is the Town’s responsibility to protect, regulate and establish funding to plant, maintain, and remove trees and shrubs on town-owned lands and within public rights-of way in a responsive, environmentally sensitive, economical, and aesthetically pleasing manner.
This local law regulates the planting, maintenance, protection, and removal of trees and shrubs on Town rights-of-way, parks, and other town-owned property, establishes a Tree Conservancy Council, under the supervision of the Conservation Board, and establishes the office of Town Arborist in the Highway Department. This local law further provides for the issuance of permits for planting, maintenance, protection, and removal of trees and shrubs on town-owned property.
Section I. Definitions - The following terms shall have the meaning provided in this section, unless their content requires otherwise:
AAN – American Association of Nurserymen
AAN standards – Any tree under four inches in caliper is measured six inches from the ground. Any tree four inches and over in caliper is measured twelve inches from the ground.
Caliper – The diameter of a tree trunk in inches.
DBH – The diameter of a tree trunk at breast height, which is a height of five feet, six inches from the finished grade at the base of the tree.
ROW – Right-of-way:
Trees, shrubs – Any plants which have self-supporting, above ground parts which are visible year round.
A. The office of the Town Arborist is hereby established within the Highway Department.
B. The Town Arborist, in consultation with the Conservation Board and the Superintendent of Highways, shall have the authority to implement and enforce the provisions of this chapter.
C. In furtherance of the purposes of this chapter, the Town of Orchard Park, in consultation with the Town Arborist, the Superintendent of Highways, and the Conservation Board, shall have the authority to adopt rules and declarations regarding arboricultural specifications and standards of practice and such rules and regulations as the Town determines are necessary. These regulations shall govern the planting, maintenance, removal, fertilization, pruning, and protection of trees and shrubs on public streets, parks, and other Town property.
Section III. Planting, Maintenance, Removal, and Replacement Regulations
A. No person or agency shall plant, spray, fertilize, prune, remove, replace, or otherwise disturb or impact any tree or shrub on any public street, right-of-way, park, or other town-owned property without first submitting a written request and obtaining written permission from the Town Arborist.
B. Persons or agencies doing required maintenance work on trees or shrubs may be granted permits to cover their work on a yearly basis.
C. It is the responsibility of the Town Arborist to determine if trees or shrubs on town-owned property are hazardous, dead, or should be removed.
D. Requests from private citizens, builders, and developers that new street trees be planted on the ROW fronting the property shall be accommodated commensurate with and in accordance with the planting priorities set by the Town Arborist.
E. Requests for memorial plantings shall be granted in accordance with review, approval, and supervision by the Town Arborist with respect to species and location.
F. Any person constructing a new one or two family dwelling on a single lot will be required to pay a fee set by the Town annually to cover the cost of tree purchase and planting. Construction of a two family home will require the payment of a fee to cover the cost of planting two (2) trees. The fee will be paid in conjunction with the building permit. The variety is to be determined by the Town’s master planting list. If determined by the Town Arborist that the requisite tree is not appropriate for location within the ROW, the fees will be used to plant trees on other Town properties.
G. Whenever a person or agency damages or removes a tree or shrub or obtains written permission to remove a tree or shrub from any town-owned land for the purpose of construction or any other reason, such person or agency may be required to replace the tree or shrub in a location to be determined by and under the supervision of the Town Arborist or have the Town replace the tree or shrub at the expense of the person who obtained permission. Such replacement shall meet the standard of size, species, and placement as provided by the permit issued. All agencies must notify the Town Arborist in writing prior to any work effecting trees and/or shrubs in the ROW.
H. In order to insure and maintain tree and shrub health and quality, whenever any person or agency is required to plant or replace a tree or shrub pursuant to this chapter, such materials shall be guaranteed for a period of two years and shall be replaced at the direction of the Town Arborist at the expense of the person or agency responsible for the original plantings if they die within that two year period.
I. Any trees, shrubs, plants, timbers, and other such materials placed by the property owners in the right-of-way or town-owned land may be removed. Notification will be sent to each property owner, who will have thirty (30) days to comply. If the property owner fails to comply, the Town may remove the above-mentioned materials, dispose of them, and bill the cost to the property owner.
Section IV. Damage Prohibited
A. Unless specifically authorized in writing by the Town Arborist, no person or agency shall intentionally damage, cut, carve, transplant, or remove any tree or shrub on town-owned property, attach a rope, wire, nails, advertising posters or any other contrivance to any tree or shrub, allow gas, liquid, or soil substance which is harmful to any tree or shrub to come in contact with it or set fire or permit fire to burn when fire or heat will injure any portion of tree or shrub. If trees and shrubs in the ROW or on Town owned lands are damaged or destroyed, the cost of their removal and replacement will be charged to the responsible person or agency.
B. Without written permission from the Town Arborist, no person or agency shall undertake any construction or development activity, or move or park vehicles or equipment associated with construction or development which may affect any tree or shrub on town property.
C. Unless the Town Arborist, for good cause, determines otherwise, all trees and shrubs on any town road or other town owned property directly impacted by any construction shall be guarded as follows: 1.) For trees or shrubs with a crown spread of eight feet or fewer, a fence, frame or box not less than four feet high and eight feet square shall surround the tree or shrub; 2.) for trees and shrubs with a crown spread over eight feet, a fence not less than four feet high shall be placed at the drip line of the tree or at a distance prescribed by the Town Arborist. All material, soil, and debris shall be kept outside barriers. No person or agency shall store any materials so as to impede passage of water, air, and fertilizer to tree roots.
Section V. Obstruction of Streets
A. It shall be the duty of any person owning real property with plantings bordering on a town-owned ROW to insure that trees and shrubs on that property are pruned in a manner that they will not obstruct visibility of street lights, not obstruct pedestrian traffic or sidewalks, not obstruct vision of traffic signs, not obstruct the view of any street intersection, as determined by the Arborist, and not obstruct access to fire hydrants or other utilities.
B. Should any person owning real property bordering on any public street fail to comply as above, the Town Arborist shall order the owner to take corrective action within thirty days after receipt of written notice.
C. When a person to whom an order is directed fails to comply, it shall be lawful for the Town to prune such trees and shrubs, and the cost shall be assessed to the owner.
Section VI. Emergency Work
A. This chapter shall not govern any emergency activity immediately necessary to protect life, safety, or property, or to maintain access to any property. Any such activity shall incorporate reasonable efforts to protect trees and shrubs on Town property from unnecessary damage.
B. Any person or agency engaged in any action covered by Subsection A shall make a reasonable effort to notify the Town Arborist prior to commencing that action and shall, in any event, provide written notice to the Town Arborist of the emergency and the work to be done within three (3) calendar days of commencing that work.
C. Should a dispute arise in the administering of this chapter, an appeal can be requested by petitioning, in writing, the Town Arborist. The Town Arborist will have ten (10) working days to reply in writing. Should this provide an unsatisfactory resolution, a second appeal can be requested by petitioning the Superintendent of Highways. In such event, the Superintendent of Highways shall consult with the Town Arborist. The Superintendent will have ten (10) working days from the filing of the second appeal to reply in writing. Should this also provide an unsatisfactory resolution, a third appeal can be requested by petitioning Town Board. The Town Board will act upon the petition within sixty (60) days from the date of receiving the petition.
Section VII. Historic Trees
Designated historic trees in the ROW, identified by the Town Arborist, will be given the Highest degree of protection possible to preserve them for future generations.
Section VIII. Tree Removal - Dead and Diseased - Private Property.
If necessary, as determined by the Arborist, the Town shall have the right to cause the removal of any dead or diseased trees on private property within the Town when such trees constitute a hazard to public life and property, or harbor insects or disease which constitute a potential threat to other trees within the Town on private property. The Town will notify in writing the owners of such trees. Removal or pruning shall be done by the owners at their expenses within sixty (60) days after the date of service of notice. In the event of failure to comply with the required removal, the Town is authorized to remove or have such trees removed and charge the cost of removal to the property tax notice of the owner.
Before the vote was taken, Councilman Buyer stated he would be happy to vote for this Local Law provided that the Highway Superintendent give his assurance of working out a right-of-way solution for Jean Miller pertaining to her property line on Briggs Drive.
Highway Superintendent, Ron Geitter, stated he has been communicating with Ms. Miller and they are working on an agreement. He also said that Local Law #1-2001 and the agreement with Ms. Miller are not related.
Councilwoman Ackerman stated that under this new ordinance, all third party agencies have to follow a notification procedure before working in the right-of -way.
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 Aye
The resolution was unanimously adopted.
3) 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 set a fee of $150.00 for the purchase and planting of one tree per each new unit pursuant to the “Town Right-of-way Ordinance”.
Highway Superintendent Ron Geitter stated that this fee is to be collected for each individual new built home or duplex and not for multiple dwelling or industrial building. The Highway Department will be responsible for tree planting on a scheduled program and this will be particularly beneficial on the new streets where the area has been cleared in the right-of-way for the utility companies.
Town Attorney Leonard Berkowitz brought to the attention of the Town Board the section of the ordinance that provides for an annual review of the fee for planting trees. He stated this fee of $150.00 could be changed each year at the Annual Organizational Meeting on the recommendation of the Highway Superintendent.
Councilman Mills asked the Highway Superintendent if the Town replaces all trees that die. The Highway Superintendent stated that the nursery where we are purchasing the trees guarantees the tree for a full year.
The resolution was unanimously adopted.
Old Business #2 Dennis Johnson, 4238 South Taylor Road, requesting a Building Permit
4) 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 request of Dennis Johnson, 4238 South Taylor Road, for a building permit to construct a 2,500 square foot cold storage building, as recommended by the Planning Board, 3/14/2001, with the following stipulations:
§ This is an unlisted SEQR action based on the submitted Full EAF, Parts 1 and 2, and a Negative Declaration is made.
§ A three year Landscape completion bond in the amount of $800.00 or a certified check in the amount of $400.00 in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 55% green space, must be presented to the Town Clerk before a building permit is issued.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan.
§ No outside storage or display is permitted.
§ All dumpsters shown shall be screened, along with any additional dumpsters all of which shall be screened in accordance with §144-25 of the Town Code.
§ Town Engineering approval has been granted as of 3/14/2001.
§ Reduced parking per §144-29A(2) shall be recommended for six versus eight parking spaces.
§ This recommendation is made contingent upon the approval of the drainage easement by the Town.
The resolution was unanimously adopted.
Old Business #3 Joe DeMarco, 3689 California Road, request for a Building Permit
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town does hereby approve the request of Joe DeMarco, 3689 California Road, for a building permit to construct a 12,000 square foot cold storage building, as recommended by the Planning Board, 3/14/2001, with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Full EAF, Parts 1 and 2, and a Negative Declaration is made.
§ A three year Landscape completion bond in the amount of $4,000.00 or a certified check for ½ of the landscaping cost in the amount of $2,000.00 in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 56% green space, must be presented to the Town Clerk before a building permit is issued.
§ Reduced parking is recommended per §144-20(a)2 of the Town Code with the 10 parking spaces reserved to be installed of deemed necessary in the future by the Town.
§ Town Engineering approval was granted as of 3/14/2001.
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 does approve the request of Diversified Controls, Inc., 3333 California Road of a modified site plan, as recommended by the Planning Board, 3/14/2001, with stipulations as previously presented and contingent upon Conservation Board approval as follows:
§ This is an Unlisted Type 1 SEQR action base on the submitted Full EAF Parts 1 and 2, and a Negative declaration is made.
§ A Landscape completion bond in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 37% green space, and the three year completion bond for $17,000 or a certified check in the amount of $6,000 must be presented to the Town Clerk’s office prior to issuing the Building Permit.
§ The lighting plan is limited to those fixtures and poles indicated on the approved site plan.
§ Dumpsters as shown shall be screened along with any additional Dumpster all of which shall be screened in accordance with Section 144-25 of the Town Code.
§ All Conservation Board suggestions are to be honored on this project. (2/29/00 Conservation Board meeting regarding Diversified Controls where based on plans for an addition and proposed parking the following motion was made and approved: given that 1) historically more than ample parking is available on this site, that the proposed parking shaded areas be deleted and vegetation in those areas be left intact. 2) The new proposed plan show an adjusted total tree count, along with a revised amount for planting material to be submitted. 3) Upon completion of construction, that the North boundary be reviewed for “gaps” in the screening provided by existing trees and that the Landscape Architect review same and report findings to the Conservation Board).
§ Engineering approval has been granted on 3/8/00.
§ Per Section 144-29-A-2 of the Town Code, it is recommend that the Town Board approve reduced parking, with one hundred-two (102) parking spaces to be installed immediately and ninety-eight (98) to be held in reserve and installed as deemed necessary.
§ As stated by Planning Board Chairman Fabinsky, the structure will be built below grade on the side facing the residential area, a wooden stockade fence will be constructed, and the Conservation Board has the option to visit the site after construction to instruct the petitioner where additional trees should be planted.
Councilman Mills stated that Diversified Controls, Inc. management will be appearing before the Conservation Board in the future and are cooperating with the screening.
Councilwoman Ackerman stated that she, Councilman Jemiolo and Mr. James have had discussion to which the owner is amenable to resolving and working out with the Conservation Board.
Supervisor Cudney asked Mr. James to have a meeting with the residents of Summit Avenue prior to coming before the Conservation Board.
The resolution was unanimously adopted.
7) 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 schedule a Public Hearing for May 2, 2001 at 7:00 PM, (local time) for John Bray, vacant land east side of North Buffalo Road, requesting a rezoning of a 2.97 acre parcel from R-2 to B3 and of 3.58 acre parcel from unclassified to B-3, as recommended by the Planning Board, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
Old Business #6 United Church Home Society request rezoning at corner of Rte 20A & California
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 seek Lead Agency status to initiate the SEQR process for Type 1 SEQR action for the request of United Church Home Society, vacant land southeast corner of Big Tree Road and California Road, to rezone from R-3 to B-2 for the purpose of constructing a life care community, as recommended by the Planning Board.
The resolution was unanimously adopted.
Old Business #7 Polymer Conversions, Inc., request for a Building Permit for an existing building
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 approve the request of Polymer Conversions, 5732 Big Tree Road, for a building permit to construct a 1,280 square foot addition to an existing facility and enclose an existing loading dock, as recommended by the Planning Board, 3/14/2001, with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Full EAF, Parts 1 and 2, and a Negative
§ Declaration is made.
§ The site lighting plan is limited to those fixtures and poles indicated on the approved site plan.
§ No outside storage or display is permitted.
§ All dumpsters shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with § 144-25 of the Town Code.
§ The size of the parking spaces which are being added will be 9 ft. x 18 ft.
The resolution was unanimously adopted.
New Business #1 Erie Community College South Campus request voting machine for 3/27 & 3/28
10) 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 Erie Community College South Campus the use of one (1) Town of Orchard Park voting machine to hold their student government elections on March 27 and 28, 2001and return said voting machine in the same condition as it was and any repairs necessary due to off premise damage will be the responsibility of the Erie Community College South Campus.
The resolution was unanimously adopted.
New Business #2 Refer to the Planning Board & Conservation Board
11) 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 to refer to the Planning Board and Conservation Board the request from the Orchard Parks & Gardens, 2924 Southwestern Blvd., requesting a permit to erect a temporary greenhouse to house plants for a spring sale, May through August, 2001.
The resolution was unanimously adopted.
Elected Officials & Department Heads
Supervisor Cudney stated that the Town Board will hold a Special Meeting on Wednesday, March 28, 2001, at 7 PM (local time) in the Supervisor’s Conference Room for an agenda item that was not included for the Town Board meeting this evening. The Special Meeting will focus on the acceptance as complete of the Draft Environmental Impact Statement (DEIS) for the Benderson Development Company, Inc., vacant land, southeast corner of Southwestern Blvd. & Orchard Park Road, Zoned B-2.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the Town Board of the Town of Orchard Park does hereby elect to provide the additional retirement benefits of §443(f) of the Retirement and Social Security Law, as presently or hereafter amended, and be it further
RESOLVED, that the effective date of such shall be the 30th day of March, 2001 providing for one year final average salary for Tier 2 Police Officers.
The resolution was unanimously adopted.
Supervisor Cudney stated that the NYSDOT contract bids for the NYS Rte. 240/277 Road reconstruction project have been submitted and the low bidder has been selected. Construction will begin sometime in late April. The bidder for the road construction is willing to meet with the Mayor and the Supervisor on a weekly basis for any concerns that may arise for a smooth transition. Supervisor Cudney appealed to everyone to please patronize local businesses during this reconstruction.
Supervisor Cudney announced that the Town has not yet received any official Census numbers, but the Supervisor will notify the public and news as soon as they become available. Supervisor Cudney also stated that the Town anticipates an increase in population and therefore, an increased share in the sales tax revenues from Erie County sales tax distribution. The Erie County Comptrollers Office estimated an annual increase of approximately $200,000.00 for the Town of Orchard Park. Supervisor Cudney proposed that this unanticipated increases in revenues, be returned to the taxpayers and applied directly to reduce the tax levy in the 2002 Budget.
Supervisor Cudney announced that Earth Day Activities and spring clean up is scheduled for Saturday, April 21, 2001 at 10:00 AM. The Town also has mulch and wood chips available for the Town residents on Earth Day, which is provided by the Highway Department at South Taylor Road.
Supervisor Cudney reported that she, the Town Board, the Town Clerk, employees of the Village, members of the Police Department, the Engineering Department, Sewer & Water Department, Highway Department, and the Orchard Park Fire Districts took part in the Public Safety Critical Incident Management Training Seminar to prepare for different types of disasters and subsequent responses. Supervisor Cudney thanked Police Officer William Hanrahan and Kurt Buranich, the Town of Orchard Park Disaster Coordinator, for organizing this program and training exercise.
Councilman Mills stated that the second formal meeting was held concerning the Campus Area, Library, Depot and McFarland Green on March 19, 2001. The Architect, Peter Trowbridge, addressed traffic and parking issues. The next meeting will be held at the Library on April 30, 2001 at 7:00 PM, and the public is invited to attend. Members of the Historical Society, Millennium Committee, Library representatives, the Village Board and Town Board were present and Councilman Mills was encouraged by the attendance and cooperation of these groups.
At this time members of the Town Board and the Town Clerk all expressed their thanks for being included in the informative Disaster Training Sessions. They all have a renewed respect for the agencies involved and feel secure that in case of a disaster, our Town will be well protected.
Town Attorney Berkowitz stated that Verizon Communications has contracted to provide Digital Communication Facilities and need to install communications equipment at the Municipal Center, Highway and Senior Center buildings. In order for Verizon to proceed, the Town needs to provide easements for Verizon to access the buildings.
13) 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 Supervisor to execute the easements for Verizon Communications to provide services to the Town of Orchard Park, as reviewed and recommended by the Town Attorney.
Councilman Jemiolo stated he would abstain from this vote as his wife works for Verizon.
Supervisor Cudney Aye
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Abstain
The resolution was duly adopted.
The Highway Superintendent stated that he is extremely pleased the New Local Law #1-2001 has been approved and feels the Town will benefit once implemented.
14) 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 #6 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$141,524.68 |
|
Part Town Fund |
$2,971.21 |
|
Highway Fund |
$46,836.18 |
|
Special Districts |
$94,989.12 |
|
Trust & Agency |
$10,457.80 |
|
|
|
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Report as entered on the agenda: Building Inspectors Monthly Report & Building Permits for February 2001.
The resolution was unanimously adopted.
Bob Francits, 4270 California Road: He complimented the Maintenance Department and the Town Clerk regarding the audio system at the meeting. Mr. Francits asked the Town Attorney about the outcome of the Schmidt Town House hearing. The Town Attorney stated that the hearing was held on February 7, 2001 and Judge Howe should make a decision within the required sixty days, on or before April 7, 2001. Mr. Francits also was inquiring about the United Church Home Society to which Councilman Buyer explained the SEQR process reviews the impacts of the process, but does not approve the project. The Town Attorney stated that if Judge Howe upholds the Town Board’s determination that if a traffic signal is needed for one project that it will be required for the next project proposed.
Nicholas Taneff, 279 Summit Avenue: He stated that he came tonight prepared to ask questions concerning Diversified Controls, but since there has been conversation with the Town Board and Mr. James, he will reserve his comments. Mr. Taneff congratulated Stanley Jemiolo on his appointment to the Town Board. Mr. Taneff voiced special recognition to the Police Department, Volunteer and Emergency Services and especially the Highway Superintendent and his Department for keeping the roads open this winter.
John Brennan, 135 Middlebury: He had questions and concerns regarding the proposed Nature Trail. Mr. Brennan gave the Town Board a list of specifics items and requested a detailed financial account of all anticipated costs of projects beyond the capital grants.
Marvion Ashburn, 6326 Benning Road: He was concerned about the financial costs of the Nature Trail.
Gene Kalmuk, 140 Middlebury: He moved from Amherst to Orchard Park along Ellicott Creek bicycle path where there were privacy and safety concerns and thinks funds could be channeled to other Town areas.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 8:17 PM.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk