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 October 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
Michael R. Merritt Town Engineer
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, the minutes of the Town Board Meetings held on September 5th and September 19th, 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.
PUBLIC HEARING
At 7:00 PM the Supervisor resumed the Public Hearing for the Communications Facilities due to an early recess from September 19, 2001. She stated she would like to hear all interested parties for or against the adoption of an amendment to the Orchard Park Town Code of Ordinances which reads as follows:
Nicholas Taneff, 279 Summit Avenue: He is against cellular towers and referred to Town Law §267. The Town Attorney stated that §267 refers to the Zoning Board which they will take into consideration on adoption of this ordinance. The Town Attorney further explained that the Town is also regulated by the Federal Telecommunications Act which mandates that these towers can’t be prohibited, therefore, a law would make it possible to regulate cellular towers. Mr. Taneff asked if this law would be passed this evening. The Town Attorney stated that the Town Board is listening to comments and would probably determine the outcome at another meeting.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing in the matter of Telecommunications Facilities is hereby closed at 7:08 PM (local time).
The resolution was unanimously adopted.
PUBLIC HEARING
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties and citizens input regarding the use of Federal Community Development Funds in the Town of Orchard Park.
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.
Town Engineer Michael Merritt gave a brief overview of the program and explained that the Town of Orchard Park belongs to a consortium of 34 municipalities, who participate in the Erie County Consortium for the Federal Funded Community Development Block Grant Program. This year the Consortium will receive a grant of approximately $3.4 million from HUD. The grant will be divided into four spending categories: 27% for Community Projects; 27% for Housing; 27% for Economic Development; and 19% for Administration and Planning.
The Town of Orchard Park is eligible to receive Community Development Block Grant (CDBG) Funds from the U.S. Department of Housing and Development (HUD) from the 2002 Program Year. The purpose of this public hearing is to provide an opportunity for citizens to discuss the needs of the community as outlined in the official notice.
To be eligible for CDBG funding, the proposed project must satisfy one or more of the following national objectives: 1) Benefit Low and Moderate Income Persons, 2) Correct Slums and Blight, and 3) Meet an urgent community need. The Town of Orchard Park does not currently have any slums or blight, and there is not an urgent community need, therefore, the only category the Town can apply for grant monies is to benefit low and moderate income persons.
For a project to benefit low and moderate income persons, it is required that at least 37.8% of the residents of the specific area targeted be at or below the criteria of the Income Eligibility Schedule for Erie County. Data from the 1990 U.S. Census shows that the area west of Rte. 219 north of Rte. 20 (Census tract 137.01, Block 2) qualifies since 39.12% of the households are considered to have low to moderate income levels.
It is estimated that the 2002 allotment for the Erie County CDBG Consortium Communities projects will be $920,000.00 to be granted on a competitive basis to those municipalities whose projects best meet the HUD goals described above. There is a maximum grant of $90,000.00 per project with a maximum of three projects funded per municipality.
Applications for this year’s CDBG funds must be submitted by November 5, 2001. Some suggested projects in the Town of Orchard Park which may qualify for funding in 2002 include:
PROJECT ESTIMATE
Windom Avenue Reconstruction $180,000.00
Burmon Recreation Area Improvements $ 80,000.00
Senior Center Repairs $120,000.00
Rural Transit Service (participation in $ 90,000.00
existing program w/ 12 towns, 7 villages)
Iroquois Drive Drainage Project $110,000.00
Iroquois Drive Reconstruction Project $160,000.00
Last year the Town submitted applications for the Windom Avenue Reconstruction Project, the Senior Center Roof Replacement and Repair Project and the Rural Transit Service Program. The road and roof replacement projects were not successful, but funds were received for the van service. It is likely that the Town will again submit an application for funding to continue our participation in the Rural Transit Service Program. This program provides van transportation for eligible citizens. Trips can be for any reason but are prioritized for medical and health concerns.
At this time the Supervisor opened up the meeting for public input.
Marvion Ashburn, 6326 Benning Road: He is against involvement with HUD and feels other areas in the Town are just as deserving of these funds.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing in the matter of Community Development Block Grant Funds is hereby closed at 7:15 PM (local time).
The resolution was unanimously adopted.
Old Business #1 Release of escrow for the Stonehenge Subdivision, Part 7, PIP #98-02
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Town Clerk to release the $5,000.00 held in escrow under PIP #98-02 for the completion of grading and seeding in the Stonehenge Subdivision, Part 7, to Peter Liberatore, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #1 Schedule Public Hearing for the 2002 Tentative Ad Valorem Budget & Benefit Basis Special Districts Budget
5) 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 scheduling of a Public Hearing for the Tentative Ad Valorem Budget and the Benefit Basis Special Districts Budget for Wednesday, October 17, 2001 at 7:00 PM (local time).
The resolution was unanimously adopted.
New Business #2 Comprehensive Water System Improvement Project
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, a map, plan and report for the proposed Comprehensive Water System Improvement Project as prepared by Malcolm Pirnie, Inc. in accordance with Article 12 of the Town Law, and
WHEREAS, the project involves the replacement of approximately 8.5 miles of 4”, 6” and 8” diameter waterlines that are 50-70 years old and can no longer provide adequate supply and the project will provide improved operating pressures and increased fire protection to many areas of the Town, in particular to some of the streets where school buildings are located, and
WHEREAS, the completion of the proposed Comprehensive Water System Improvement Project will improve overall efficiency and result in the transfer of responsibilities for operation and maintenance of Orchard Park’s entire water system to the Erie County Water Authority and the elimination of the Town Water Department, and
WHEREAS, the project will provide either direct or indirect benefits to every water district in the Town, therefore, the map, plan and report recommends that the cost for this project be assessed on a benefit basis to all existing water districts and the Comprehensive Study recommends that the cost of all future waterline improvements in the Town be borne by the taxpayers of all water districts and that the Town consider consolidation of all water districts after any existing debt is retired in 2008,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize to accept the map, plan and report in accordance with Section 202b of the Town Law for the joint increase and improvements of facilities of Orchard Park Water Districts #1, 2, 3, 4, 6, 7, 8, 9 ,10, 11, 12, 13, 14 ,15, 17, 18, 19, 20, 21 and all extension thereto, for the proposed Comprehensive Water System Improvement Project, as recommended by the Town Engineer.
The resolution was unanimously adopted.
7) 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 to adopt an order prepared by our bond counsel, Alessi and Neill, calling for a Public Hearing on the Comprehensive Water System Improvement Project on Wednesday, October 17, 2001 at 7:00 PM (local time) and in addition to the official notice of public hearing that will appear in the Southtowns Citizen, a separate notice will be mailed directly to all property owners in each of the 19 water districts and their extensions, as recommended by the Town Attorney and bond counsel based on a recent New York State Court of Appeals decision (Garden Homes Woodland Co. v. Town of Dover)
Supervisor Cudney called for a roll call vote: 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.
New Business #3 Authorize surplus equipment from the Engineering Dept., to be sold at auction
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 that the Engineering Department’s 1987 Chevrolet Van (VIN #1GCEG25H847138321) and the Sewer & Water Department’s 1990 Chevrolet Lumina (VIN #2G1WL54TXL9230022) be declared as surplus vehicles to be sold at the Erie County Municipal Auction held at the Erie County Fairgrounds on October 12, 2001.
The resolution was unanimously adopted.
New Business #4 Agreement with Boston Valley Pottery, Inc. and the Town of Orchard Park
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Boston Valley Pottery, Inc., 6860 South Abbott Road, has requested the Town of Orchard Park adopt a resolution authorizing the Erie County Water Authority to extend its existing water main and for said Authority to furnish public fire protection services in the public highway’s right of way adjacent to the premises of Boston Valley Pottery, Inc., in the Town, and
WHEREAS, the Town is willing to adopt said resolution and authorize the Authority to take this action provided that the cost of such public fire protection, and the cost of the water line extension, are borne entirely by Boston Valley Pottery, Inc., and
WHEREAS, this Agreement is intended to run with the land and be binding upon the successors and assigns in fee of Boston Valley Pottery, Inc.
RESOLVED, that the Town Board does hereby authorize the Erie County Water Authority to extend the public water main along South Abbott Road to provide domestic water service and fire protection to Boston Valley Pottery, Inc., at 6860 South Abbott Road, and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an Agreement with the Boston Valley Pottery, Inc., providing for reimbursement to the Town for any charges from the Authority with respect to public fire protection, and be it further
RESOLVED, that the Town Board will hereby send certified copies of this resolution to the Town of Boston and to the Erie County Water Authority.
The resolution was unanimously adopted.
New Business #5 Approve Change Order #1 for the OP Yard Waste Reclamation Center Project
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, construction of the Yard Waste Reclamation Center Project is progressing well, difficulties have been encountered with the workability of the native soils, and
WHEREAS, the solution to this problem is the placement of a woven geotextile fabric as a separation layer between the subgrade soils and the subbase stone, and
WHEREAS, a fair price has been negotiated for this additional work with our contractor and the Town’s consultant engineer and our Highway Superintendent are in agreement with the advantages of using a geotextile fabric layer for this project, and
WHEREAS, the amount of Contech C-200 fabric is needed to cover all of the access roadway, processing pad and compost pad areas is 48,900 square yards and the contractor’s price for material and labor is $0.67 per square yard equating to a cost of $32,763.00 bringing the total contract amount of $1,331,583.00, which represents an increase of 2.5%
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Change Order #1 to the contract with Sicar, Inc., for the Yard Waste Reclamation Center Project in the amount of an increase of $32,763.00, as recommended by the Town Engineer.
Councilman Jemiolo stated that even with this increase, the amount is under the initial projected cost.
The resolution was unanimously adopted.
New Business #6 Post “Stop” signs at Hedgerow @ Alexander Way & Hunter Ridge@ Falcon Crest
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 authorize the Highway Superintendent to post a “Stop” sign in the proper location on Hedgerow at Alexander Way, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to post two “Stop” signs on Hunters Ridge at Falconcrest.
Councilman Jemiolo stated that these two “Stop” signs were not recommended by the Public Safety Committee due to State guidelines on using these signs for speed control.
The resolution was unanimously adopted.
New Business #7 Proclamation for the Eighth Air Force
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Eighth Air Force was formed and dispatched to England in 1942, and became the largest single military unit in World War II, and the largest bomber force of all time, with over 350,000 airmen having served in Europe, and
WHEREAS, the Eighth Air Force has continued as an operational combat unit to this day with over one million serving the country in war and in peace, and
WHEREAS, no Eighth Air Force mission was ever turned back due to enemy action, costing the nation 26,000 killed in action, and over 28, 000 prisoners of war, with the number of missing in action and wounded never having been counted, and,
WHEREAS, in a one week period of October 8 – 14, 1943, the Eighth Air Force lost over 150 aircraft to enemy action in the bloody skies of Europe, and despite these heavy losses, this became the turning point for the daylight strategic bombing.
Targets during this week were:
October 8, 1943 Bremen, Germany 27 Bombers lost, 3 Fighters
Vegasack, Germany 3 Bombers lost
October 9, 1943 Anklam, Germany 18 Bombers lost
Marienburg, Prussia 2 Bombers lost
Danzig, Poland 2 Bombers lost
Gdynia, Poland 6 Bombers lost
October 10, 1943 Munster, Germany 30 Bombers lost, 1 Fighter
October 14, 1943 Schweinfurt, Germany 62 Bombers lost, 1 Fighter
WHEREAS, the Eighth Air Force Historical Society, the largest single military veteran’s group in history, holds its annual reunions in the month of October, and
WHEREAS, today 20,000 Eighth Air Force Historical Society members are seeking to inform later generations of the Eighth Air Force’s contributions and sacrifices, and of the necessity for continued vigilance and determination on the part of all citizens to perpetuate America’s freedom and way of life, and
WHEREAS, every year during the week of October 8 –14, we will ask every Eighth Air Force Veteran, and friend of the Eighth, to wear and display items identifying them with the Eighth Air Force – to honor and remember our comrades who made the supreme sacrifice
NOW, THEREFORE, we do proclaim every October 8 – 14, to be: Eighth Air Force Week
Before the vote was taken the Town Board Members recognized Jerry Scoones in the audience, who was a member of the Eighth Air Force.
The resolution was unanimously adopted.
New Business #8 Fall/Winter 2001-2002 Recreation Staff Appointments
14) 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 approval of the following appointments to the Fall/Winter Recreation Staff, dependent upon fulfillment of the required certifications, as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE
Sara Wiencek 6344 Milestrip Road Guard $5.60
Sara Cieslinski 6137 Berkley Drive Sub/Director $7.00
Karen Beehler 86 N. Nicholas Drive Aide $5.30
Tonawanda, NY 14150
Michelle Mitchell 105 Linden Avenue Aide $5.30
Tonawanda, NY 14217
The resolution was unanimously adopted.
New Business #9 Request for 2001 Homecoming Parade on Saturday, Oct. 13, 2001 at 12:00 noon
15) 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 authorize the approval for the annual Orchard Park High School Homcoming Parade 2001 to take place on October 13, 2001 at 12:00 PM beginning at the Middle School parking lot, up to School Street and continuing on Clark Street to Potter Avenue to 20A up to Freeman Road and ending at the Athletic Field, as recommended by the Police Chief.
Councilwoman Ackerman stated that in light of the recent events in our Country, we are thanking those who have served and we also look ahead to our children and the future. In our schools there is a statement visibly displayed throughout the halls……
“We will give our students the vision to reach for the stars
The skills and fortitude to climb the ladder
And the wisdom to appreciate the beauty of the journey”.
The resolution was unanimously adopted.
New Business #10 Authorize the appointment of “Assistant Building Inspector”
16) 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 permanent appointment of Merrill Porter, to the position of “Assistant Building Inspector”, after placing 2nd on the Erie County Civil Service List of eligible Orchard Park residents, in the White Collar CSEA, payroll schedule Range 9, Step A, effective as of October 4, 2001.
The resolution was unanimously adopted .
New Business #11 Refer request to the Conservation Board
17) 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 refer the request of Mark and Patricia Fenzl, 5951 Bunting Road for a Conservation Easement, to the Conservation Board.
The resolution was unanimously adopted.
New Business #12 Refer request to the Planning Board
18) 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 refer the request from Tops Market Fueling Station, Orchard Park Road @ Southwestern Blvd., minor modification of the previously approved site plan for the Tops Market Fueling Station, to the Planning Board.
The resolution was unanimously adopted.
Supervisor Cudney stated that the Town Board has set the Public Hearing for Wednesday, October 17, 2001 at 7:00 PM (local time) at the scheduled Town Board Meeting for the proposed Budgets. The Town is advised by counsel to send out notices by mail informing residents, due to a court action that occurred downstate. She also stated that these Budgets are always available for review before the yearly Public Hearing and she will be glad to answer any questions. Supervisor Cudney further stated that after the Public Hearing with the public input, the Town Board will then have the opportunity to decide on additional changes before the adoption of the final versions of the Budgets which must be filed by November 20, 2001. Supervisor Cudney announced that the Town now has an operative Web Site, which is www.orchardparkny.org with all the Departments’ information and schedules and agendas. Supervisor Cudney stated that the Department of Health sent a notice not to eat any fish from Lake Erie because of botulism.
Councilman Mills stated that the Ad Hoc Zoning Commission is sending three recommendations to the Town Board concerning buffering. Chairman John Bernard and the Ad Hoc Zoning Commission will be discharged temporarily after three plus years of service. Councilman Mills thanked the Commission and their Secretary, Nancy Janish and members Roy Sasiadek and Marvion Ashburn, who were in the audience.
Councilman Buyer stated that Supervisor Cudney mentioned the New York State Court of Appeals ruling in Dover, New York regarding notifications by mail and questioned the expense of this to the Town. Councilman Buyer asked if this needs to be done for every publication or only specific cases. The Town Attorney explained that the case in Dover referred to the Benefit Basis Budget only, but has now been interpreted that it would apply to any Public Hearing bonding issue. The Town Attorney stated that fortunately this bonding and the budget coincide for this mailing. Supervisor Cudney stated that the Town Assessor will be attending the State Assessors Association Meeting where they will be voicing objection to the Legislature on these mailing expenditures.
Councilwoman Ackerman gave a report on Youth Court and the United Way campaign. Councilwoman Ackerman also reported on the Veterans Plaque, which will be unveiled on November 11, 2001 at 11:00 A.M. at Veterans Park. Councilwoman Ackerman thanked Howard Frohnapple for all his hard work and beautifully written words on the plaque, Mt. Cavalary Cemetaries for the discounted plaque purchased by the VFW and the American Legion, the Boy Scouts for mounting the plaque, Buffalo Crushed Stone for the donated rock and the Orchard Park Highway Department. Councilwoman Ackerman announced that she and her husband are the new, proud Grandparents of their first grandchild, Quinn Emilene.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT;
RESOLVED, that the Town Board does hereby authorize a four way “Stop” sign at Milestrip Road and Baker Road.
Councilman Mills stated that this is a good beginning, but cautions motorists to be extremely careful crossing that interesection. Councilman Mills stated that the intersection might be further improved with the Baker Road reconstruction in the future. Councilman Buyer asked if the Police Chief could report in six months on the status of the Milestrip and Baker Road intersection traffic.
The following resolution was unanimously adopted.
Police Chief McCune stated that the Annual Bike Auction will be held on Saturday, October 6, 2001 at 10:00 AM behind the Municipal Center.
20) 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 Police Chief McCune to attend the International Association of Chiefs of Police Meeting in Toronto, Canada, from October 28 –31, 2001, at Town expense.
The resolution was unanimously adopted.
The Highway Superintendent stated that he and Ray Stevens, a resident and builder, had a conversation about placing a flag on top of the salt barn that could be seen from the #219 Expressway. Highway Superintendent Geitter purchased the flag and hardware and left on vacation. When he returned, driving down the # 219 Expressway he was greeted by a highly visible, illuminated 8’ x 10’ American flag flying, which had been installed by Ray Stevens and his crew. The Highway Superintendent and the Town Board expressed their thanks and gratitude.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does authorize the Highway Department’s 1976 Ford F600 Chipper Truck with Hoist, Woodchuck Chipper Model HR17, 1980 GMC One Ton Dump Truck, New 2001 Ford 8’ Pickup Truck Body, 1989 Eager Beaver Tandem Axle 10 Ton Equipment trailer w/air brakes, 1990 Chevrolet Lumina, 1987 Chevrolet Van, and 1970 Ford Utility Van be declared as surplus vehicles to be sold at the Erie County Municipal Auction held at the Erie County Fairgrounds on October 12, 2001.
The resolution was unanimously adopted.
Councilman Buyer asked the Town Engineer and the Highway Superintendent if either of them knew about the completion of Thorn Avenue reconstruction. Town Engineer Merritt explained that it took a few weeks to get started and the contractor convinced Erie County to rehabilitate rather than just resurface Thorn Avenue, which was the original bid and will take longer to finish. The Town Engineer stated that it is unofficial, but it is his understanding that the project will be completed up to Bank Street or possibly the railroad tracks beyond South Davis Street this year and the remainder to be finished next year.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN , WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #19, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$144,225.81 |
|
Part Town Fund |
$ 4,454.38 |
|
Risk Retention |
$ 1,054.08 |
|
Highway Fund |
$ 97,061.76 |
|
Special Districts |
$ 94,599.30 |
|
Trust & Agency |
$ 9,330.23 |
|
Capital Fund |
$ 34,919.25 |
The resolution was unanimously adopted.
23) 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 authorize to receive and file the following Communications as entered on the agenda 1) Adelphia Cable will be adjusting their Power Link Rates as of December 2001. 2) The Conservation Board Meeting is cancelled in the Town Hall for the month of October.
The resolution was unanimously adopted.
24) 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 to receive and file the following Reports as entered on the agenda 1) The Building Inspector’s Monthly Report and Building Permits for August 2001. 2) Chief of Police’s Monthly Report for September 2001.
The resolution was unanimously adopted.
Nicholas Taneff, 279 Summit Avenue: He has concerns with the Planning Board and the Town Board approval of the following projects: Diversified Controls at Summit Avenue, Jim Ball Pontiac and Boldt Court and the problems associated with these. Mr. Taneff stated that he has empathy for these Boards and their overburdened agendas, but feels that the industrial and commercial growth next to residential areas is at odds and future projects need to be slowed down. Mr. Taneff feels that the main concern is buffering and was disappointed the proposed Buffer Zone Ordinance was not adopted. Mr. Taneff stated that both residents and business people should be notified.
Supervisor Cudney stated that public notification is a problem and unfortunately, sometimes residents find out about a project after the fact.
Al Harding, 23 Canfield Terrace: He suggested that perhaps the Town could post notices on the new Web Site and maybe reach more residents.
Supervisor Cudney stated that one of the reasons the Town wanted the Web Site was so more information would be available to the residents, but stated that by law the postings would not qualify as legal notices as this time.
Marvion Ashburn, 6326 Benning Road: He asked Supervisor Cudney if she and the Town Account have shared the Town Budget with the Town Board, to which the answer was yes. Mr. Ashburn had questions regarding Water District #17 and Supervisor Cudney stated that the Town Board members are all Water District Commissioners and are involved in setting the budget for the Water District. Supervisor Cudney stated that the Town Accountant will answer questions at the Public Hearing on the Budgets on Wednesday, October 17, 2001.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:10 P.M.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk