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 17th 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
Michael Sherry Captain
ABSENT: Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
SPECIAL PRESENTATION
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, a group of citizens have come together to provided Little Loop Football to the citizens of Orchard Park and have done so through the formation of Orchard Park Little Loop Football, Inc., and
WHEREAS, the Orchard Park Little Loop Football supplies services to more than 200 children in Orchard Park, regardless of race, creed, color, national origin or gender, and
WHEREAS, the Orchard Park Little Loop Football is desirous of obtaining a permanent facility for the playing of football and conducting cheerleading at Chestnut Ridge Park, whose location is entirely in the Town of Orchard Park, and
WHEREAS, the Orchard Park Little Loop Football, in order to obtain permission to use Chestnut Ridge Park as a home field, may need the approval from the Town Board of Orchard Park and the assistance in maintaining a permanent location in The Erie County Parks System
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve of the endeavors of the Orchard Park Little Loop Football, Inc., and their use of Chestnut Ridge Park for a football and cheerleading facility, and be it further
RESOLVED, the Town of Orchard Park will cooperate with Erie County to provide a permanent field for the playing of football and conducting of cheerleading for Orchard Park Little Loop Football, Inc. in Chestnut Ridge Park.
The resolution was unanimously adopted.
Supervisor Cudney introduced Simon Manka, who is the President of the Orchard Park Little Loop Football. He thanked the Town Board for their support in this matter and handed out hats and shirts to the Town Board Members.
PUBLIC HEARING
At 7:00 PM the Supervisor called for the Public Hearing to hear all interested parties for or against the Joint Increase and Improvement of Facilities of Water District Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and all Extensions thereto, in the Town of Orchard Park, in the County of Erie, New York, pursuant to Section 202-b of the Town Law.
WHEREAS, following the preparation of a map, plan and report by Malcolm Pirnie, Inc., engineers duly licensed by the State of New York (herein called “Engineers”), for the increase and improvement of Water District Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and all Extensions thereto (herein called “District”) in the Town of Orchard Park (herein called “Town”), in the County of Erie, New York, consisting of the installation of waterlines, the purchase of land, original valves, piping, grading and metering where necessary, and all ancillary work required in connection therewith; 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 there of to be $5,591,600; which shall be financed by the issuance of serial bonds of the Town in like amount; 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 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, County of Erie, State of New York, be held at the Town Hall, in said Town, on the 17th day of October, 2001 at 7:00 o’clock P.M. (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;
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 and mail by first class mail to each owner of the taxable real property in the District, a notice of such public hearing in substantially the form attached hereto designated Exhibit “A” and hereby made a part hereof, 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 publication.
Affidavits and Publication of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. The Public Notice reads as follows:
At this time the Supervisor called upon the Town Engineer to give an overview of the Water Districts in the Town of Orchard Park.
Michael Merritt, Town Engineer stated the following: The Town Board authorized a Town Wide Water Study and Malcolm Pirnie, Inc., a consulting firm, was hired to conduct the study as the Town was aware there were problems that needed addressing. The Town had them look at the pipe lines and the management structure. There are 19 water districts plus extensions, which add up to 41 different districts, each with a different taxing structure. The Town was aware that it was time to consider consolidation of the districts and trying to make all the different areas of the Town be on the same financial basis and upgrade the system.
The study showed where the Town has insufficient operating pressures, insufficient fire protection in terms of the amount of flow available, where aged and undersized waterlines need replacement and what needs to be done to up grade the system to achieve the goal of lease managing the entire system under the Erie County Water Authority.
The project that came out of this is going to cost the Town $5,591,600.00 according to the engineer’s estimate. If this project is approved, the Town will sell bonds and begin the project next year. Then, the Town hopes to be out of the water business by the end of 2002.
This project is an increase and improvement to existing water districts, there will be no creation of any new water districts. The Town is proposing that the cost of this be spread equally among all the different 41 taxing districts as a first step in consolidation.
Wayne Drescher of Deloitte & Touche, the Town’s accounting firm, discussed the bonding process for this project and the rates of the different water districts.
Comments from the floor.
Bruce Hall – 5134 Newton Road: does not currently have Town water service, and wanted to know if he would have to pay for these increase and improvements. Town Engineer Merritt said he would not.
Jim Suplicki – 5560 Big Tree Road: asked if this project will increase his water pressure.
Art Segool – 7330 Ellicott Road: Mr. Segool came as a representative of his church, The Fellowship Weslyan Church on Southwestern Blvd. He wanted to know if this project will increase the church’s water pressure and discussed what the church had to do to connect to their water line in their new structure. Following further discussion, Mr. Merritt asked Mr. Segool to come in and they would see what could be done.
Eric Goller – 3344 Angle Road: He thought the notice that was sent out was not appropriate. Mr. Goller also wanted to know what cost controls will be put in place to keep the project within it’s limits.
Robert Woodward – 6164 Bunting Road: Mr. Woodward would like to have Town water brought out to his area.
Linda Babcock – 6225 Newton Road: Ms. Babcock would like to have Town water brought out to her area. She also wanted to know why she received a notice if this does not pertain to her.
Dan Kern – 6991 Cole Road: Asked if the Town of Boston was going to connect into our systems to have water delivered, and he wanted to know about water pressure.
Gary Bauer – 7 Carlton Drive: Mr. Bauer also interested in having Town water in his area.
Ron Pitlock – 6221 South Abbott Road: Mr. Pitlock came regarding customers of his who bought property on Gartman Road, next to the water tower. He wanted to know about the water pressure and if it was adequate.
John Todorof – 4 Lakeridge South: Mr. Todorof had hoped this project would equalize the rates everyone pays in the water districts and discussed his water tax problems in District 17-2.
Marvion Ashburn – Benning Road: Mr. Ashburn discussed water district 17.
Joe Jensen – 4676 Duerr Road: Mr. Jensen is the current Orchard Park Fire Chief and he is in favor of the water districts upgrade to improve Fire Protection.
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 the Joint Increase and Improvement of Facilities of Water District Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and all Extensions thereto, in the Town of Orchard Park, in the County of Erie, New York, is hereby closed at 8:25 PM (local time).
The resolution was unanimously adopted.
At 7:00 P.M. (local time), the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of the Preliminary Benefit Basis Special Districts Budget of the Town of Orchard Park for the fiscal year beginning January 1, 2002.
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.
Supervisor Cudney called upon Wayne Drescher of Deloitte & Touche, the Town’s accounting firm for the Town of Orchard Park to review the Benefit Basis Special Districts Budget for the Year 2002.
Comments from the floor:
Marvion Ashburn – Benning Road: Questioned increases in Water District 17, and how the out lying districts, that are not strictly Orchard Park, are going to be charged.
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 the Preliminary Benefit Basis Special Districts Budget for the Year 2002 is hereby closed at 8:35 P.M. (local time).
The resolution was unanimously adopted.
PUBLIC HEARING
At 7:00 PM the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of the Preliminary Ad Valorem Budget of the Town of Orchard Park for the fiscal year beginning January 1, 2002.
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.
Supervisor Cudney called upon Wayne Drescher of Deloitte & Touche, the Town’s accounting firm for the Town of Orchard Park to reviewe the Preliminary Ad Valorem Budget for the Year 2002.
Supervisor Cudney read the following in to the record: In accordance with my duties and responsibilities as the Town Supervisor and Chief Financial Officer, I hereby submit the 2002 proposed budget for the Town of Orchard Park.
I am pleased to present a budget, which exercises fiscal prudence coupled with a small tax cut in the combined General and Highway Fund Tax Rate for Town residents. Due to a loss of total assessed value in the Village of Orchard Park of $ 513,992 there is a small tax increase in the combined General and Highway Fund Tax Rate for Village residents.
In 2001 the total increase in assessment for the Town increased by 2% to $1,230,478,171. This growth in the tax base coupled with a good year in 2000 which resulted in an increase in the total Town Fund Balance, places the Town in a solid fiscal state, to protect the Town against a national economic downturn.
As the Town continues to face the pressures for additional services placed on government by new development the Town Board and I carefully considered additional personnel requests. However, in light of the terrorist attacks on America and the uncertainty in the economy, no new positions are funded in the 2002 Budget and I am placing a freeze on hiring at this time. The Town Board Members and I are committed to reviewing responsibilities and preparing job descriptions for a full time Recreation Director and a full time Planning Coordinator to be considered for the 2003 budget.
The 2002 Budget has no significant changes in any budget line as compared to the 2001 Budget. Appropriations are up by 5.4%. This increase is due to anticipated increases in Workers Compensation and other insurance, an expected rise in Medical insurance of 15-20%, and increases in State Retirement costs. Increased costs for gasoline, for road salt, for natural gas and electricity have also been included in this budget, reflecting the predicted rises in these costs for all sectors of the economy. Also, in compliance with Union contracts, employees will receive a 3.2% wage increase.
In response to the recommendation of the Town Recreation Commission, the funding level for playground equipment has no substantial change and once again $100,000 will be transferred to a Capital Reserve Fund earmarked for future recreation projects.
On the revenue side, the Town has experienced a 2% increase in the total assessment and in every year since 1998 the Town has had increases in fund balance. This budget returns $770,000 of fund balance to the taxpayer. Other revenue sources from mortgage tax sales tax and interest income are predicated to remain flat or rise slightly as the economy rebounds. The Tax Stabilization fund remains intact at a level mandated by law of $823,447, and if a severe recession were to occur, this would be available to offset any revenue declines.
In summary, the 2002 budget is a conservative no frills approach to supplying town services in a fiscally sound manner.
I would like to take this opportunity to thank my fellow Town Board Members and Town Department Heads and Mr. Drescher for their cooperation and assistance in preparing this budget.
Comments from the floor:
Marion Ashburn – Benning Road: The Town has personnel who are in the military or involved with the military. Has the Town made arrangements to pay the individuals who may be called to serve. Supervisor Cudney stated the Town Board has discussed this and decided to continue to make up the difference in the salary of anyone who gets called up.
Bob Fortenbaugh – 17 Ferndale: Mr. Fortenbaugh is the acting chairman of the Recreation Commission and he wanted the Town Board to know that even if a full-time position for Recreation Director is not in the budget, they are proceeding with a detailed job description for a full-time Recreation Director. He stated that a full time person in this position is necessary if the Town wishes to proceed with the expansion of facilities and programs.
Councilman Buyer stated that he and Councilwoman Ackerman are also working on a job description for a full-time Planning Coordinator. Councilman Buyer said that if the job descriptions are in place, and the revenue stream is stable enough to do so, they may be able to make the move to a full time Recreation Director. Councilman Buyer asked Mr. Fortenbaugh to continue as permanent Chairman of the Recreation Commission through next year. Mr. Fortenbaugh agreed to do so.
Norman Allen – 50 Bittersweet Lane: Mr. Allen said that the hand outs for the budget this evening does not give the % of changed valuation. He also wanted to know why the revenue for last year shows the planted trees at zero. Supervisor Cudney explained that there was no money in last year’s budget for that item (planted trees). It is a new fee charged with the Building Permit to allow for one tree to be planted at each new home.
Nick Taneff – 279 Summit Avenue: Mr. Taneff said he would like to see the Planning Coordinator position go to full time as soon as possible.
4) 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 Preliminary Ad Valorem Budget for the Year 2002 is hereby closed at 8:59 P.M. (local time).
The resolution was unanimously adopted.
Old Business #1 Delia Auto, 3518 Southwestern Blvd., request for Special Exception Use
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby schedule a Public Hearing for the proposed Delia Car Company, 3518 Southwestern Boulevard, requesting rezoning from I-1 to B-2, with Special Exception Use to construct a new car dealership, for Wednesday November 7, 2001 at 7:00 PM, (local time).
The resolution was unanimously adopted.
Old Business #2 Award bid for Senior Roof Replacement Project
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, sealed bids for the “Senior Center Roof Replacement Project” were opened on October 11, 2001 at 10:00 AM (local time) in the Supervisor’s Office in the Orchard Park Municipal Center
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby award the Orchard Park Senior Center Roof Replacement Project to the lowest responsible bidder, Progressive Roofing, Inc., 331 Grote Street, Buffalo New York 14207, in the amount of their bid of $ 38,000.00, as recommended by the Town Engineer and the Town Attorney.
The resolution was unanimously adopted.
Old Business #3 Authorize submission of 2002-2003 Community Development Block Grant Projects
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, a Public Hearing in the matter of the 2002-2003 Community Development Block Grant Funds from the U.S. Department of Housing and Development was held on October 3, 2001, and
WHEREAS, all interested persons were given the opportunity to discuss the needs of the community, and
WHEREAS, a consensus was reached on which projects would be submitted this year at a work session with the Town Board on October 10, 2001
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby
- Authorize the Supervisor to sign the Application for 2002-2003 CDBG funds in the amount of $90,000 for the Windom Avenue Reconstruction Project as the Town’s first priority.
- Authorize the Supervisor to sign the Application for 2002-2003 CDBG funds in the amount of $40,000 for the Burmon Recreation Area Improvement Project as the Town’s second priority.
- Authorize the Supervisor to sign the Application for 2002-2003 CDBG funds in the amount of $60,000 for the Orchard Park Senior Center Building Repair Project as the Town’s third priority.
- Authorize the Supervisor to cosign, along with eleven other towns and seven villages in southern Erie County, the Application for 2002-2003 CDBG funds in the amount of $90,000 for the Rural Transit Service Program.
The resolution was unanimously adopted.
New Business #1 Approve Change Order #2 for the Yard Waste Reclamation Center Project.
At this time Supervisor Cudney stated that the Town Board Members are not going to take any action on this agenda item this evening.
New Business #2 Request for Commercial Parking Permit-Northstar Dev., 3975 Southwestern Blvd.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, over a year ago Northstar Development applied for a Special Exception Use for vacant land, 3975 Southwestern Blvd, to build a gas station and convenient store, and
WHEREAS, Northstar Development received approval after a review from the Planning Board, Zoning Board and Town Board Members, and
WHEREAS, construction was never started this year on this project, and just recently Northstar Construction requested and received from the Town Board a one year extension, and
WHEREAS, Northstar Construction has been using the lot for commercial parking during stadium events, and
WHEREAS, the Building Inspector requested they apply for a Commercial Parking Permit from the Town
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby denying the request from Robert & Richard Peleckis (Northstar Development) for a Commercial Parking Permit for 3975 Southwestern Blvd., and be if further
RESOLVED, that the Town Board encourages Northstar Development to get started with their original project.
The resolution was unanimously adopted.
New Business #3 Accept Drainage Easement for the Town of Orchard Park from Henry Warning
9) 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 accept the Drainage Easement for the Town of Orchard Park on the Henry J. Warning property, as filed by the Town Attorney.
The resolution was unanimously adopted.
New Business #4 Staff Appointments for 2001-2002 Fall/Winter Recreation Department
10) 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 AGE EXP ADDRESS POSITION
Cindy Ehlers 25 0 116 Willow Breeze Road Synch A
Ted Gura 17 0 125 South Lane A
The resolution was unanimously adopted.
New Business #5 Authorize the Application for T.E.A. 21 Grant for the Campus Plan
11) 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 Toni M. Cudney, Supervisor, to submit an application to the New York State Department of Transportation (NYSDOT) TEA-21 grant program requesting $1,430,093 that will support, in part, the construction of a non-vehicular, handicapped accessible trail system in the town that will connect five discrete project areas and provide pedestrian and bicycle linkages with existing local and New York State surface transportation systems. Grant funds will be matched by the applicant with $1,152,960 in cash and in-kind goods and services.
The resolution was unanimously adopted.
New Business #6 Additional Funding for the Compost Facility Construction
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board has approved the construction of a composting facility, and
WHEREAS, the Town has established a funding plan for such facility which includes the issuance of bonds, and
WHEREAS, the wishes to proceed with appropriate construction of this facility while waiting for the optimum time to issue such bonded debt, and
WHEREAS, temporary funding for this project is available in the Town’s General Capital Reserve account
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorizes a temporary loan of $1,000,000 from the Town’s General Capital Reserve (project H27) to the Compost Site Acquisition & Development Project (project H42). This loan will be repaid upon the receipt of the bond proceeds along with interest for the period of such temporary loan at the Town’s prevailing investment return rate (currently 2.9%).
The resolution was unanimously adopted.
New Business #7 Refer to the Planning Board & Conservation Board
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 refer to the Planning Board & Conservation Board: Joseph Ippolito, vacant land on Southwestern Blvd., northeast of the Parklands Professional Park. Requesting a Building Permit to construct an 8,065 square foot addition to a previously approved building this year.
The resolution was unanimously adopted.
Supervisor Cudney stated that the Association of Town, in conjunction with the FBI, is holding a special briefing on October 25th regarding threats to the community from terrorism and the recommended procedures for handling such situations. This briefing is for Town Supervisors, Police Departments, Fire Chiefs, and Disaster Coordinators. Supervisor Cudney said that since it is not certain at this time who will be Supervisor next year, she invited Councilman Mills to join her at this briefing. Unfortunately, this conflicts with the League of Women Voters candidate night, so both she and Councilman Mills have withdrawn from the Candidates Night line up, as they feel the briefing is a higher priority.
Councilman Mills said that he had would like to read a statement regarding the budget as presented.
Following our work session on the 2002 budget, I have given careful thought as to the many issues related to that document.
I firmly believe that we need to give further financial relief to our citizens for the following reasons:
1. The very strong financial position of our Town. Our general fund surplus position is extremely high, if not too high. It currently stands at $2.4 million and will probably be over $3million at the end of the year. Additionally, we have available to us: Tax stabilization reserve (now close to $800,000), General Fund Capital Reserve- undesignated ($1 million), Capital Fund undesignated reserve ($1,8 million) and expendable trusts in our Trust and Agency fund ($300,000). Our financial position is probably the strongest of any town in the county and at this unusual point in time we need to make prudent decisions related to this position.
2. The impending negative impact of our proposed water district indebtedness, as you have heard, we are moving ahead with a 5.6 million bond issue which will affect most of our residents. The map, plan and report projects an average tax increase of 48 cents to those residents in our Ad VAlorem districts. We need to keep the total tax picture in mind when discussing our general fund.
3. The expectation of other taxing entity increases – the unfortunate recent terrorist activities will most likely have negative tax consequences in other taxing entities which affect our residents. New York State is considering delaying some proposed tax cuts. Also, Erie County seems to be hinting at some negative taxing action.
For the above very sound reasons, I hereby propose an amendment to the budget you have before you. I propose to apply an additional $90 thousand of unrestricted surplus to 2002 General Fund Budget. This will eliminate any increase to the tax rate for our village residents and provide a reduction to the Town outside village of 6.25%
Councilman Buyer said there was a memo from the Planning Coordinator on behalf of the Planning Board with regards to the Tops Market request for modification to their site plan. This has already been referred to the Planning Board as a minor modification. But, according to the Planning Board, they do not feel that it is a minor modification, they feel that it should be a special exception use for what they say is a 10,056 sq. ft convenience store.
14) 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 Tops Market, for a 10,056 sq. ft convenience store, to the Planning Board for their recommendation.
The following resolution was unanimously adopted.
Councilwoman Ackerman stated that she and Supervisor Cudney, and Councilman Mills met with the new management of NEI, our refuse collection facility and they discussed changing some of the routes to stream line the pick up. They then discussed the complaints that the Town has received and NEI management stated they will address them. Councilwoman Ackerman said that she agrees with Councilman Mills that some of the tax monies should be returned to the residents.
Supervisor Cudney introduced Police Captain Michael Sherry, who was sitting in for Chief McCune. Captain Sherry said that Orchard Park is in a state of complete readiness in case of any disaster occurring. He outlined some of the ways that the Town, with all it agencies, have prepared and he stated that if anyone has any questions, that they can call the Police Department. Many of the Town Officials and emergency personnel have attended the Disaster Training Course in which they were trained in what procedures have to be followed in case of a disaster. There is also a manual in place for everyone to refer to.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #20, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$35,419.59 |
|
Part Town Fund |
$939.60 |
|
Risk Retention |
$107.11 |
|
Highway Fund |
$58,627.12 |
|
Special Districts |
$125,863.22 |
|
Trust & Agency |
$8,529.09 |
|
Capital Fund |
$224,715.43 |
The resolution was unanimously adopted.
16) 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 authorize to receive and file the following communications as entered on the agenda: 1) Notification from ECIDA stating they will be conducting a public hearing at the Orchard Park Municipal Center, 4295 South Buffalo Road, Basement Meeting Room, on November 9, 2001 at 9:00 AM, in regards to the financing of costs in connection with the development of an 18 hole public golf course, 3-hole practice facility, learning center and related facilities, located at 3052 Transit Road, Orchard Park, and 2) Orchard Park Central School District Proposed High School Complex Murphy Road: SEQR: Completion of Draft Environmental Impact Study. A Public Hearing on the DEIS will be held on November 1, 2001 at 7:00 PM at the Orchard Park Middle School Cafeteria. The District is hereby requesting and will be accepting public comment for a period of 30 days to commence on October 17, 2001. Please direct your comments to the project contact, Dr. Charles Stoddart, Ed.D., Superintendent of Schools.
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following reports as entered on the agenda 1) The Building Inspector’s Monthly Report and Building Permits for September 2001.
The resolution was unanimously adopted.
Carol Kapuszcak – 4 Hazel Court: She discussed some burning that has been taking place in her neighborhood. Both the Building Inspector and the Police Department said they have investigated the areas when she has called, and will continue to do so.
Marvion Ashburn – Benning Road: He talked about the cleaning of Green Lake.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, the meeting was adjourned at 9:45 P.M.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk