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 19th day of March 2003 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
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Ronald A. Geitter Superintendent of Highway
Wayne Bieler Town Engineer
Absent: Samuel McCune Chief of Police
Dave Holland Asst. Building Inspector
At this time the Supervisor asked Boy Scout, Matthew Kordrapel from Troop #506, to lead the Pledge of Allegiance.
The Supervisor read the following into the record: Any person appearing before this board who is a relative of, or who has a financial or business relationship with any officer or employee of the Town of Orchard Park, must disclose the nature and extent of such relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
New Business #1 Set Public Hearing for Town Code Ordinance; Dog License Increase
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for May 21, 2003 @ 7:00 PM, for changes to the Town Code of Ordinances regarding; Dog Licenses Fee Increase and Animal Control, and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish due notice thereof.
The resolution was unanimously adopted.
New Business #2 Garden Club to hold their 2003 Plant Sale, May 16 and 17 at the Railroad Depot
2) 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 authorize the Orchard Park Garden Club to hold their 2003 Plant Sale, May 16th and 17th at the Railroad Depot and to erect a tent for the event.
Councilwoman Ackerman stated that the Town is waiting for the Certificate of Liability Insurance, which is forthcoming.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby approve the 2003 Public Stable Permit for Skibbereen Farm, 5560 Armor Road and the 2003 Public Stable Permit & Riding Academy for Greendale Farm, 7295 Jewett Holmwood Road, as requested by the Building Inspector.
The resolution was unanimously adopted.
New Business #4 Advertise an Informational Meeting for Town-wide Comprehensive Water Study
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the consultant engineers, R&D Engineering and Wendel Duchscherer have completed the preliminary construction plans and specifications for the improvements to the Town water system, and
WHEREAS, a public information meeting should be scheduled to update the public about the two projects and to answer any questions the public may have regarding any disruptions to the system or their property that will occur when construction beings this spring
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize advertisement in the Southtowns Citizen for a public information meeting for both Part 1 and Part 2 of the Comprehensive Water System Improvements at 7:00 PM on April 22, 2003, in the basement meeting room at the Orchard Park Municipal Center, as recommended by the Town Engineer.
The Town Engineer gave a brief overview and stated that there will be direct mailings to those residents that will be impacted by the construction for the improvements.
The resolution was unanimously adopted.
New Business #5 OP Jaycees requesting to use Yates Park for the Annual Easter Egg Hunt
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Jaycees to use Yates Park/Green Lake on Saturday, April 12, 2003 for the Annual Easter Egg Hunt from 10:00 AM until 2:00 PM.
The resolution was unanimously adopted.
New Business #6 & 7 Refer to the Planning Board & Conservation Board
6) 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 refer the request of James and Edward McAndrew from McAndrew Laboratory, Inc., 3858 Sheldon Road for a Change In Use from residential to business for 3841 Sheldon Road, Orchard Park to the Planning Board and Conservation Board.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of Lowe’s Companies, Inc., 3195 Southwestern Boulevard, Zoned B-2 to demolish the existing K-Mart Building and construct a new 134,563 square foot Home Improvement Warehouse with a 27,099 square foot Garden Center, and be it further
RESOLVED, that the Town Board does hereby seek SEQR Lead Agency Status for this project.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney stated that the next work session on April 9, 2003 would be held at 5:00 PM instead of the regular time of 5:30 PM in the Supervisor’s conference room.
Councilwoman Ackerman stated that the issues are being addressed quickly by the Architectural Overlay Committee members divided into three areas, Architectural, Environmental and Green-Scape. The Conservation Board is contributing as well. Councilwoman Ackerman also stated that the N.E.S.T. Solid Waste Committee is reviewing the final draft received from Erie County for the time frame of 2000-2012. The Town of Orchard Park does support this resolution and hopefully it will be finished in May 2003.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Recreation Director has proposed a Child Protection Policy, and
WHEREAS, it is the policy of the Town of Orchard Park to investigate individuals who are hired by the Town of Orchard Park in the Recreation Department as to their background
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Phase One of the Child Protection Policy as recommended by the Recreation Director.
Councilman Kaczor stated that in the Child Protection Policy there are two phases. He stated Phase One consists of an employee background check through the Orchard Park Police Department and the School District. Phase Two will involve an F.B.I. investigation. Councilman Kaczor complimented the Recreation Department for implementing this program.
Councilman Jemiolo complimented Recreation Director Ed Leak and Assistant Director Theresa Gang for their efforts on this program.
Supervisor Cudney stated this policy adds insurance for our children’s safety.
The resolution was unanimously adopted.
9) 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 authorize the approval of all entries on Warrant #7 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$113,367.38 |
|
Part Town Fund |
$ 4,487.34 |
|
Risk Retention |
$ 0.00 |
|
Highway Fund |
$ 38,565.13 |
|
Special Districts |
$ 60,487.49 |
|
Trust & Agency |
$ 12,511.36 |
|
Capital Fund |
$ 44,779.72 |
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communication: New York State Department of Transportation: Pursuant to §104a of the Highway Law, the following described highway is being reconstructed and is hereby designated as a restricted highway – Route 179, Milestrip Road from Abbott Road to Southwestern Boulevard. Designation of restricted highway shall expire on June 30, 2003.
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: He asked if the Eighteenmile Creek Streambank Stabilization Partnership Program should be the responsibility of the Army Corps of Engineers. The Town Engineer explained that the Corps does take the bigger water projects, but this is soil-based project and the Corps will have final approval of the project. Mr. Ashburn also wanted clarification of a Public Hearing to which the Supervisor responded.
Audrey Ramage, 15 Daisy Lane: She thanked the Town Board for taking action on the new Child Protection Policy. Ms. Ramage also thanked the Town Attorney and the Chief of Police.
Jim Suplicki, 5560 Big Tree Road: He stated that he has been asking for help for many years from the Town to try and clean up the unkempt properties in his neighborhood. Supervisor Cudney told Mr. Suplicki that she would ask the Building Inspector to revisit these properties.
Eric Matwijow, 4155 Abbott Road: He asked if the Town Board had made a decision on the issue of facilities for Commercial Parking lots. Councilman Buyer stated that the Town Board in 1973, created the Commercial Parking as a means of relief to the residents whose neighborhoods where surrounded by the Stadium. At that time the ordinance was satisfactory, but with the addition of concerts held at the Stadium, the six-hour time frame was added for portable facilities due to camping on some premises. Councilman Buyer agreed that there are probably some violations, but the Town Board felt that this was a viable ordinance. The Town Attorney agreed that this is geared towards the campers. Mr. Matwijow stated that he was surprised at this decision, since there have been numerous complaints to the Building Inspector’s office and the Supervisor’s office. Mr. Matwijow stated the portable facilities, which he feels should be provided by the Commercial Parking properties, are a minimal expense and part of doing business.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Councilman Buyer, the meeting was adjourned at 7:40 PM (local time).
Respectfully Submitted,
Town Clerk