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 5th day of September 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 COUNCILMAN BUYER, TO WIT:
RESOLVED, the minutes of the Town Board Meetings held on August 1st and August 15th, 2001 as presented by the Town Clerk are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
The resolution was unanimously adopted.
Old Business # 1 Award the bid for Uniform Replacement Parts for Orchard Park Police Dept.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, sealed bids for the “Police Uniform Parts” were opened on August 30, 2001 at the Orchard Park Municipal Center
RESOLVED, that the Town Board is hereby authorized to award the bid for Police Uniform Parts to North Eastern Uniforms and Equipment, Inc., 88 Benbro Drive, Cheektowaga, New York, 14225, for the Year 2001-2002, being the lowest responsible bidder at $548.98, as recommended by the Chief of Police.
The resolution was unanimously adopted.
Old Business #2 Amendments to the Zoning Ordinance/Zoning Map
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an amendment to the Zoning Ordinance of Town of Orchard Park, was conducted at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 19th of July 2000, at which time all interested parties were given the opportunity to be heard, which amendments provide as follows:
(a) To rezone the area on the south side of Big Tree Road from B-2 to I-1; and
(b) To add hotel/motel as a special exception use in the I-1 zone.
WHEREAS, no recommendation from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed with the Town Board, and
WHEREAS, the Town Board did declare a Negative SEQR Declaration
NOW, THEREFORE, be it
RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park are hereby amended as follows:
I. Rezone the following area from B-2 to I-1: All that area which is presently Zoned B-2 on the south side of Big Tree Road beginning at a point approximately 1,700 feet east of the intersection of the centerlines of Big Tree Road and California Road; thence around the existing boundary of the B-2 Zone, said existing B-2 Zone being the approximate properties included in Tax Parcels #172.06-2-6.1, #172.06-2-8, and on the north side of Big Tree Road #172.07-1-1.
II. Rezone the following area from B-2 to I-1: All that area which is presently Zoned B-2 on the south side of Big Tree Road beginning at a point approximately 2,325 feet east of the centerline of California Road; thence around the existing boundary of the B-2 Zone, said existing B-2 Zone intending to beTax Parcels # 172.07-1-8.1 and #172.07-1-1.
III. Add hotel/motel as a special exception use in the I-1 Zone.
A complete full colored map and description is on file in the Town Clerk’s Office for on site inspection during regular business hours.
This ordinance shall take effect ten (10) days after publication and posting in accordance with law, and be it further
RESOLVED, that the Town Clerk publish and post a copy of said amendments in accordance with Section 264 and 265 of the Town Law.
Supervisor Cudney explained that the recommended change is from the Zoning Commission. She stated the Commission wanted to make the zoning of the properties uniform on the south side of Big Tree Road across from Quaker Centre Industrial Park, as some were B-2 use and not industrial. Supervisor Cudney stated that she understood the reasoning of Zoning Commission, but liked the mix of the B-2 in that zone.
Councilman Mills stated that this would protect that area of Town from spot zoning.
Supervisor Cudney Nay
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
The resolution was duly adopted.
Old Business #3 Rezone 2 Cynthia Circle from R-3 to R-3 Special Exception Use
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an amendment to the Zoning Ordinance of Town of Orchard Park, was conducted at the Orchard Park Municipal Center, S4295 South Buffalo Road, Orchard Park, New York on the 15th day of August 2001, at which time all interested parties were given the opportunity to be heard, which amendments provide as follows: to rezone property located at 2 Cynthia Circle from R-3 to R-3 Special Exception Use to conduct a Home Occupation Use (hairdresser) as petitioned by Kathryn Zawodzinski,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the rezoning of 2 Cynthia Circle from R-3 to R-3 Special Exception Use, as recommended by the Planning Board, July 11, 2001, with the following stipulations:
§ This is an unlisted SEQR action based on the submitted Short EAF.
§ Fees shall be paid in accordance with Section 144-70C, of the Town Code prior to publication of the Public Hearing Notice.
§ The recommendation is contingent upon the applicant completing the project as proposed on the development plans dated 6/6/01, and shall revert to its original Zoning classification if the project is not completed per Section 144-67 of the Town Code.
§ The proposed project is in compliance with the Town’s long range comprehensive plan.
§ The applicant has demonstrated a need for the project.
§ The project is compatible with adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land value or public safety.
§ The applicant has demonstrated an orderly flow of traffic ingress and egress.
§ The applicant has provided suitable parking facilities.
§ Landscaping as indicated on the proposed plan will provide adequate screening.
§ The nearness and impact on schools and utilities is not an issue.
§ The health and safety of adjacent properties is not effected.
§ The hours of operation will be 9:00 a.m. to 5:00 p.m. and there will be no signs on the property advertising this business.
The resolution was unanimously adopted.
Old Business #4 Authorize Final Change Order & Payment for the Quaker Industrial Park Project
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, in July of this year the Town Board authorized the newly constructed extension of Cobham Drive to be opened to traffic, although construction work was complete at that time, the project could not be closed until change order requests were processed, and
WHEREAS, the contractor has requested additional payment for fuel and asphalt products based upon the NYSDOT adjustment formula, and
WHEREAS, both the engineering firm responsible for construction administration and the Town Attorney have agreed that an adjustment is appropriate because our specifications include NYSDOT specifications as part of the contract, and
WHEREAS, the contractor has also requested additional payment for a connection to the existing Cobham Drive water main which was inadvertently omitted from the original contract bid items, and based on contract bid prices, the proposed change order would include the following
1. Allowable Fuel and Asphalt Adjustment as per NYSDOT Specifications
Total fuel adjustment $ 7,470.51
Total asphalt adjustment $ 4,700.72
2. Connect to Existing Water Main $ 1,928.22
Total Change $ 14,099.45
This Change Order will result in an increase to the contract of 1.4%
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Change Order No. 4 to the original contract with Kandey Company, Inc., for the Quaker Centre Industrial Park – Phases 5 & 6 Project in the amount of an increase of $14,099.45 as recommended by the Town Engineer.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the proposed Final Change Order for the Quaker Centre Industrial Park – Phases 5 & 6 final adjustments shows that there will be a net decrease of $49,885.98 bringing the total contract amount to $948,567.46, which represents a decrease of 2.5% from the original bid
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Final Change Order to the original contract with Kandey Company, Inc. for the Quaker Centre Industrial Park – Phases 5 & 6 Project in the amount of a decrease of $49,885.98, as recommended by the Town Engineer.
The following resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
WHEREAS, the final action is to release final payment and the release of retention for the Quaker Centre Industrial Park – Phases 5 & 6 Project
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize final payment and the release of retention to Kandey Company, Inc. for the Quaker Centre Industrial Park – Phases 5 & 6 Project in the amount of $47,428.37 pending the receipt of a two year maintenance bond, as recommended by the Town Engineer.
Supervisor Cudney thanked the Town Engineer for the wonderful new roadway in the Quaker Centre Industrial Park. With this completion of Quaker Centre Industrial Park there are now several sites available for new businesses to enter into Orchard Park.
The resolution was unanimously adopted.
Old Business # 5 Award contract for the Milestrip Rd. Yard Waste Reclamation Center
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, bids were opened for the first phase of the above referenced project on August 30, 2001, and
WHEREAS, the Engineering Department has reviewed the itemized prices of each of the twelve contractors who submitted bids, and
WHEREAS, the lowest bid of $1,298,820.00 was well below the engineer’s estimate for this phase of the project, and
WHEREAS, the lowest bidder was Sicar, Inc. and the company has been in business since 1987 and has successfully completed many heavy construction projects for various local municipalities, and
WHEREAS, officials of the NYSDEC indicated that the required Part 360 Permit for construction and operation of the composting facility should be issued in about a week
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby award the contract for the first phase of the Orchard Park Yard Waste Reclamation Center Project to the lowest responsible bidder, Sicar, Inc., 1128 Jamison Road, Elma, NY 14059, in the amount of $1,298,820.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #1 Authorize NYSE&G to replace street lights on Orchard Park (Rte. 240)
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, in conjunction with the State DOT’s reconstruction of North Buffalo Road, New York State Electric & Gas Corporation has been required to relocate their existing facilities, and this relocation has resulted in their poles being placed on an easement, outside of the State’s right-of-way at a greater distance from the edge of the pavement and this will necessitate NYSE&G to use longer brackets on the relocated poles in order to maintain the present level of lighting, and
WHEREAS, under the provisions of NYSE&G’s tariff agreement with the Public Service Commission there is an additional charge for any bracket that is sixteen feet and over. The annual charge for a longer bracket is $26.67, and the proposals received from NYSE&G for the installation of fourteen (14) of these longer brackets, along with proposals to upgrade some of the lighting from the old mercury vapor fixtures to high pressure sodium luminaries, and the three proposals will result in a net annual cost of $382.25
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize NYSE&G to remove, on Orchard Park Road, poles #97, 99 and 212 and remove one (1) 175 watt mercury vapor @ $142.59 and four (4)100w mercury vapor @ $102.46 each for a total decrease of $552.43 and install two (2) 16’ or greater street light brackets @ $26.67 each and five (5) 70watt high pressure sodium luminaries @ $115.37 each for a total increase of $630.19 and total annual increase of $77.76 and the one time charge of $269.82 has been waived by Jim Latello from NYSE&G, as recommended by the Town Engineer.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, in conjunction with the State DOT’s reconstruction of North Buffalo Road, New York State Electric & Gas Corporation has been required to relocate their existing facilities, and this relocation has resulted in their poles being placed on an easement, outside of the State’s right-of-way at a greater distance from the edge of the pavement and this will necessitate NYSE&G to use longer brackets on the relocated poles in order to maintain the present level of lighting, and
WHEREAS, under the provisions of NYSE&G’s tariff agreement with the Public Service Commission there is an additional charge for any bracket that is sixteen feet and over. The annual charge for a longer bracket is $26.67, and the proposals received from NYSE&G for the installation of fourteen (14) of these longer brackets, along with proposals to upgrade some of the lighting from the old mercury vapor fixtures to high pressure sodium luminaries, and the three proposals will result in a net annual cost of $382.25
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize NYSE&G to remove on Orchard Park Road, poles #227,229, 231, 233, 235, 237, 239 241 &243 and remove nine (9) street light brackets less than 16’ and install nine (9) 16’ or greater street light brackets @ $26.67 each for a total increase of $240.03, as recommended by the Town Engineer.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, in conjunction with the State DOT’s reconstruction of North Buffalo Road, New York State Electric & Gas Corporation has been required to relocate their existing facilities, and this relocation has resulted in their poles being placed on an easement, outside of the State’s right-of-way at a greater distance from the edge of the pavement and this will necessitate NYSE&G to use longer brackets on the relocated poles in order to maintain the present level of lighting, and
WHEREAS, under the provisions of NYSG&E’s tariff agreement with the Public Service Commission there is an additional charge for any bracket that is sixteen feet and over. The annual charge for a longer bracket is $26.67, and the proposals received from NYSE&G for the installation of fourteen (14) of these longer brackets, along with proposals to upgrade some of the lighting from the old mercury vapor fixtures to high pressure sodium luminaries, and the three proposals will result in a net annual cost of $382.25
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize NYSE&G to remove on Orchard Park Road, pole #187 and remove on Milestrip Road poles #4 and 1a, 3 street light brackets less than 16’ and one (1) 175 watt mercury vapor light @ $144.10 and one (1) 100 watt mercury vapor light @ $103.39 for a total decrease of $247.49 and install three (3) 16’ or greater street light brackets @ $26.67and two (2) each 70 watt high pressure sodium luminaries @ $115.97 each for total increase of $311.95 and a total annual increase of $64.46, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Appointments to the Sewer & Water Department
12) 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 appointment of Albert Marino, 182 Hillside Avenue, Orchard Park, NY 14127 to the position of Assistant Foreman in the Sewer & Water Department at CSEA Job Level 4, Step 4, of the current wage schedule for CSEA Local Unit 815 effective September 15, 2001, and be it further
RESOLVED, that the Town Board does hereby authorize the appointment of James P. Putnum, 3770 North Buffalo Road, Orchard Park, NY 14127 to the position of Laborer in the Sewer Water Department at Job Level 1, Step A of the current wage schedule for CSEA Local Unit 815 effective October 1, 2001, and be it further
RESOLVED, that the Town Board does hereby authorize the appointment of Jason C. Flick, 80 Hedgerow Drive, Apt. #2, Orchard Park, NY 14127 to the position of Laborer in the Sewer & Water Department at Job Level 1, Step A of the current wage schedule for CSEA Local Unit 815 effective October 1, 2001, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Appointment of two (2) provisional Public Safety Dispatchers
13) 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 the appointment of Christina Lewandowski, 128 Bielak Road, Orchard Park, NY 14127 to the position of provisional Public Safety Dispatcher, CSEA white collar Range 003, Step 1, of the current wage schedule effective September 24, 2001, and be it further
RESOLVED, that the Town Board does hereby authorize the appointment of Denise Scutt, 4741 Abbott Road, Orchard Park, NY 14127 to the position of provisional Public Safety Dispatcher, CSEA white collar Range 003, Step 1, of the current wage schedule effective September 24, 2001, as recommended by the Chief of Police.
The resolution was unanimously adopted.
New Business #4 Resolution in support of NYS Assembly & Senate to share funds
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, reliable communications is a critical component in the delivery of Police and Emergency Services, and
WHEREAS, some components of the existing public safety communications system in Erie County are aged and fail to meet the current needs of public safety service providers, and
WHEREAS, following extensive study and system design by a broad base of public safety users and technical experts, a recommendation has been made to construct a new public safety communications system in Erie county and,
WHEREAS, the proposed 800 MHz system will provide state of the art communications for police, fire and EMS personnel, thus enhancing their communications capability on a daily basis, and during potential or actual disaster and,
WHEREAS, earlier this year proposals were introduced in both the New York State Assembly and Senate on sharing of funds generated by the Wireless Surcharge Fund with counties throughout New York State and,
WHEREAS, if enacted this new source of funds from the Wireless Surcharge Fund could generate between $2-3 million dollars to Erie County, and
WHEREAS, County Executive Giambra has committed that any revenues made available from the Wireless Surcharge Fund will be dedicated to upgrading the public safety communications network in Erie County,
NOW, THEREFORE, be it
RESOLVED, that this honorable body fully supports the proposed legislation that would distribute the Wireless Surcharge revenues to counties throughout New York State, and
THEREFORE, we are calling on the Western New York Representatives to support the proposed legislation regarding the distribution of Wireless Surcharge dollars.
The resolution was unanimously adopted.
New Business #5 Fall/Winter 2001-2002 Recreation Staff Appointments
15) 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 authorize the following Fall/Winter 2001-2002 Staff appointments, contingent upon the required certifications, as recommended by the Recreation Director.
NAME ADDRESS POSITION
Florence Kirkner 16 Bender Dr. S
Jamie Keats 133 Lincoln Ave. S
Julie Burakowski 4088 Baker Rd. L
Eva Szinger 30 Carey Dr. S (sub)
Tamara Strong 117 Old Orchard Lane L
Peter Burakowski 4088 Baker Rd. L
Mike Murphy 6 Westview Place S
Paul Kostelny 6640 E. Webster Rd. S
Ralph Geschwill 17 Burbank Dr. S
Sue Wiencek 6344 Milestrip Rd. L
Andy Adelman 14 Eagle Heights Dr. S (sub)
Patricia Ortlepp 33 Melant Dr. S
Lisa Jolls 6362 Armor Rd. A(sub)
Bernie Smith 39 Rainbow Terrace S
Shannon DeBerger 7166 E. Quaker St. L
Richard Vance 57 Green Lake Dr. L
Jessica Bilkey 357 Dupont Ave. Tonawanda A
Kate Matusiak 106 E. Delevan Ave. Bflo. A
Heather Forester 140 Loring Ave. Bflo. A
Kristina Moore 313 Northwood Dr. Wmsv. S
Erika Kubus 167 Raintree Pkwy. Tonawanda A
The resolution was unanimously adopted.
New Business #6 Orchard Park Annual Crop Walk for Hunger 2001
16) 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 annual Orchard Park CROP Walk for Hunger on Sunday, October 21, 2001, which will start at 1:00 PM at the Orchard Park Presbyterian Church and proceed along a marked 10 kilometer route which will include three check points and finish back at the Presbyterian Church.
The resolution was unanimously adopted.
New Business #7 Locust Dr., Hawthorne Dr., & Butternut Dr. request to hold a block party 9/8/01
17) 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 residents of Locust Drive, Hawthorne Drive and Butternut Drive to hold a block party on Saturday, September 8, 2001, and to barricade the intersection of Locust Drive and Hawthorne Drive.
The resolution was unanimously adopted.
New Business #8 Proclamation recognizing Sept. 16-22, 2001 as OP Chamber of Commerce Week
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Orchard Park Chamber of Commerce serves as a catalyst for cooperation and action in this community, and
WHEREAS, the Town of Orchard Park, County of Erie, works in unison with the Chamber to provide a vital link between the public and private sectors, and
WHEREAS, the Chamber provides leadership to essential community-wide projects, programs and events, and
WHEREAS, the Chamber plays a vital role in building a vigorous economic future for this community, and
WHEREAS, the Chamber of Commerce ably serves as one of the leading representatives of the Town of Orchard Park, County of Erie and the region and matters of interest before State and Federal government bodies, and
WHEREAS, the image and reputation of the entire region are enhanced by the economic development and promotional efforts of the Chamber of Commerce
NOW, THEREFORE, be it
RESOLVED, that the official position of the Town of Orchard Park, Erie County is to cooperate with and encourage the efforts of the Chamber of Commerce and its many programs that benefit this area, and be it further
RESOLVED, that the Town of Orchard Park does join in with the New York State Legislature, The Business Council, the Chamber Alliance of New York State and scores of individual counties, cities and towns in declaring the week of September 16-22, 2001, Chamber of Commerce Week in the Town of Orchard Park, County of Erie.
The resolution was unanimously adopted.
New Business #9 Proclamation recognizing the 50th Anniversary of the South Davis School
19) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the groundbreaking for South Davis was March 13, 1951, and
WHEREAS, the first full school year was 1952 – 1953 when the building opened as the Orchard Park Primary School with grades K through 2, and
WHEREAS, the first principal was Mrs. Mabel Parries who was succeeded by Mrs. Romona Kieffer, followed by Mr. Robert Horvath, Mrs. Alva Amborski, Dr. Charles Stoddart, Mr. Robert Gwinn, Mr. James Bodziak, Mrs. Barbara Chmura and currently Mr. David Lovering, and
WHEREAS, in 1976 the South Davis Primary School expanded when an addition was put on and the school became a K through 6 building, and
WHEREAS, throughout the years, South Davis has provided an excellent education for the students who have walked through its doors and it has been maintained by supportive and caring parents as well as talented and dedicated staff, and
WHEREAS, South Davis has been populated by enthusiastic and delightful children who have continuously made us proud
NOW, THEREFORE, the Town Board of the Town of Orchard Park, in the County of Erie, in the State of New York, commemorates the 50th (Golden) Anniversary of South Davis Elementary School.
The resolution was unanimously adopted.
New Business #10 Public Safety requests
20) 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 reduction of the speed limit to 40 MPH on Milestrip Road from Angle Road to Transit Road, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
21) 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 reduction of the speed limit to 45 MPH on South Abbott Road between the Town line and Newton Road, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
22) 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 installation of “No Parking” signs on Jolls Lane, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
RESOLVED, that the Town Board does hereby authorize the installation of “No Trucks” signs on Hart Place from beyond the Jim Ball Pontiac property line, eastbound towards Orchard Park Road, and on Hart Place from Orchard Park Road westbound to the Jim Ball property line, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
24) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town has been successful in obtaining a grant for Library equipment, and
WHEREAS, the Town did not include either the grant revenues or the appropriations to purchase additional equipment in the year 2001 adopted budget, and
WHEREAS, the Town does desire to purchase such equipment with such grant funds,
RESOLVED, that the Town Board does hereby authorize the amending of the 2001 adopted budget to authorize additional appropriations and estimated revenues of $4,000.00 :
Increase Appropriations:
A.7410.000.203 Library Equipment $ 4,000.00
Increase Estimated Revenues:
A.3062.000.000 NYS Aid – Library $ 4,000.00
The resolution was unanimously adopted.
25) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board has reviewed and assessed the Town’s current and long-term capital needs, and
WHEREAS, the Town has established a capital plan, which will be reviewed and updated on a regular basis, and
WHEREAS, the Town wishes to proceed with appropriate planning, design and construction of certain improvements, and
WHEREAS, funding for these capital needs is available in the Town’s General Capital Reserve account,
RESOLVED, that the Town Board hereby authorizes the establishment of additional capital projects entitled Hobby Lane Turnaround and Green Lake Dam Rehabilitation, and be it further
RESOLVED, the Town Board does hereby authorize transfers from Capital Reserve (account H27), to the following capital projects:
PROJECT NAME PROJECT NUMBER AMOUNT
Highway Building Repair & Expansion H05 $ 30,000.00
California Road Parkland Improvements H13 $ 10,000.00
Municipal Building Reserve H14 $ 100,000.00
Birdsong Park Nature Preserve H23 $ 75,000.00
Little League Access Road H37 $ 10,000.00
Milestrip Road Recreation Area H39 $ 100,000.00
Green Lake Dam Rehabilitation H19 $ 220,000.00
Hobby Lane Turnaround H45 $ 25,000.00
Parks Equipment Acquisition H46 $ 50,000.00
Computerized Phone System H47 $ 20,000.00
AND, BE IT FURTHER RESOLVED, that the Town Board does hereby authorizes the transfer of funds from the Unspecified Road reconstruction project to the following Capital Reserve Project:
Sunset Terrace Betterment H17 $ 60,000.00
The following resolution was unanimously adopted.
Supervisor Cudney stated that she will meet with the NYSDEC, Erie County Board of Health, Town Officials and Village Representatives to discuss the water quality issues regarding Green Lake. Supervisor Cudney also stated that Fall and Winter recreations programs will be taking registrations in the next few weeks and a brochure was distributed in the Orchard Park Pennysaver. Supervisor Cudney stated that the Town has a new Rural Transit van resulting from the Erie County Community Block Grants.
26) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby accept the resignation of Arthur Coon from the Zoning Board of Appeals with regret.
The Town Board all extended their good wishes to Art in his future endeavors and stated how sorely he will be missed.
The resolution was unanimously adopted.
27) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby appoint Henry Jarocha, 5409 Chestnut Ridge Road, Orchard Park to the unexpired term of Arthur Coon, to the Zoning Board of Appeals, which expires December 31, 2001.
Councilman Buyer stated that there seems to be a lack of interest in positions that have become available on many of the boards and hopes that more people will take an interest in the appointments.
Supervisor Cudney stated that she would like to see the Town Board advertise for some of these positions and in particular, she would like to see a woman on the Zoning Board of Appeals.
The resolution was unanimously adopted.
28) 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 Joseph Ippolito, vacant land northeast of the existing Parkland Professional Park, Southwestern Blvd., for a building permit to construct a 10,817 square foot office building, as recommended by the Planning Board, 8/8/2001 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 Landscape Completion Bond in the amount of $10,500.00 or a Certified Check in the amount of $5,250.00 in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 50% green space.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan and is contingent upon the lighting photometrics and type of fixture being approved by Mr. Bernard and Mr. McGuire.
§ No outside storage or display is permitted.
§ Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
§ All approvals are contingent upon conformity to Conservation Board recommendations as indicated in Conservation Board minutes.
§ All understandings, covenants and agreements that are part of the written and taped record of the Planning Board are incorporated as conditions of approval.
§ Town Engineering approval is subject to resolving issues regarding the drainage.
§ The west property line is required to have a cross easement allowing cross access to each parcel as well as shared parking.
§ All the concerns regarding lighting, easements and Town Engineering concerns will be resolved prior to any building permits being issued.
The resolution was unanimously adopted.
Councilwoman Ackerman informed the public that the art work of the Orchard Park students K through 12 is on exhibit in the halls of the Municipal Center. She also gave some background on green space, open space and conservation easements which is being addressed by the Town Board and Conservation Board. Councilwoman Ackerman stated that there is a need to make distinctions between residential and industrial easements as it applies to perpetuity and asked the Town Attorney to draft the language for a new ordinance. The Town Engineer added that at the time of residential or commercial development, the Town has some leverage with site plan approval and some deed restrictions.
29) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request of the Building Inspector to advertise for bids to cut the lawn, remove these clippings and drain the pool at the 45 Middlesex, Orchard Park and the cost to be assessed against the property owner.
The resolution was unanimously adopted.
30) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED IT ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #17, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$112,689.64 |
|
Part Town Fund |
$16,516.64 |
|
Highway Fund |
$57,898.05 |
|
Special Districts |
$41,369.96 |
|
Trust & Agency |
$8,155.23 |
|
Capital Fund |
$32,961.21 |
The resolution was unanimously adopted.
31) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby receive and file the following communications: 1) The Town of West Seneca has scheduled a Public Hearing on the 17th day of September 2001 to consider granting a rezoning for 1100 Southwestern Blvd. 2) Orchard Park Central School District proposed High School Complex on Murphy Road. Notice of the District seeking to act Lead Agency for the State Environmental Quality Review process.
The resolution was unanimously adopted.
32) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby receive and file the following reports: Chief of Police’s Monthly Report for July 2001; and the Building Inspector’s Monthly Report and Building Permits for July.
The resolution was unanimously adopted.
Roy Sasiadek – 275 Summit Avenue: He asked if there was any new information on the landscape plan for Diversified Controls. Supervisor Cudney stated that the Conservation Board wants the owners, the James brothers, to bring their plans before them and as yet they have not responded.
Nick Taneff – 279 Summit Avenue: He asked if the buffer regulation proposal is a finished item and if so will there be an alternate proposal before the Zoning Commission. Councilman Mills stated that the information from the Public Hearing on the buffer regulation proposal was given to the Zoning Commission which will meet on Monday, September 10, 2001. The Town Board agreed that there needs to be input from residents and businesses for an equitable solution on buffering. Mr. Taneff asked if there would be a proposed ordinance regulation available for public review before the Public Hearing on Cellular Towers scheduled for September 19, 2001. The Town Board explained that relevant information is always published in the Southtowns Citizen and is also available in the Town Clerk’s office before any public hearing.
Joseph Ippolito – 3085 Southwestern Blvd: He apologized if he offended anyone on his opposition of buffer zones. Mr. Ippolito suggested that in the future, it would be beneficial to contact businesses for their input before any public hearings regarding buffer zoning.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 8:21 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk