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 6th day of August 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
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Dave Holland Asst. Building Inspector
Samuel McCune Chief of Police
Wayne Bieler Town Engineer
ABSENT: Nancy W. Ackerman Councilwoman
Ronald A. Geitter Superintendent of Highways
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.
Special Presentation Recognition for the Orchard Park Soccer Club Volunteers
Supervisor Cudney introduced Tom Furlani, the President of the Orchard Park Soccer Club. She asked him to join her with the special presentation to recipients.
Mr. Furlani introduced the first volunteer, Jane Bartlett, a past Recreation Chair, who initially got him involved with the soccer program. Supervisor Cudney stated that Ms. Bartlett was instrumental in forming the Recreation Committee in which she worked with Councilman Buyer. The Town Board congratulated Ms. Bartlett and expressed their gratitude for her many years of hard work. Mr. Furlani presented the second volunteer, Jim Bender, who is resigning from the Soccer Club Board this year. Mr. Furlani presented the third volunteer, Margie Holcombe, who was the Fundraising Chair, raising over $30,000 in corporate donations. Supervisor Cudney stated that Ms. Holcombe spent countless volunteer hours in meetings to be sure the Town had the best complex available and sadly she will not be here at the September opening, since she will be moving out of the Town.
The Town Board thanked these volunteers for their service to the Town.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on July 16, 2003, 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.
At this time, Councilman Kaczor stated the minutes of the Town Board Meeting were dated incorrectly on the agenda. He stated the Town Board Members were approving the minutes of the July 16, 2003 Town Board Meeting.
The resolution was unanimously adopted.
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against a Local Law for the Year 2003, which Local Law follows: to establish a reserve fund, pursuant to Section 6J of the General Municipal Law, to be known as the Worker’s Compensation Reserve Fund in the sum of One Million ($1,000,000) be made for Worker’s Compensation Benefits to maintain a balance at the beginning of each fiscal year of One Million ($1,000,000) Dollars.
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.
At this time, Supervisor Cudney asked if there was anyone that would like to be heard:
Comments from the floor:
Donald Litwin, 5101 South Freeman Road: Chairman of the Insurance Committee for the Town, introduced the other members, Lorraine Biryla, Ray Stromecki, Tom Michaels and Herman Sapio. Mr. Litwin stated that this year the Insurance Committee recommended that the Town self-insure the Worker’s Compensation Program, which would result in annual savings of $93,000 for this coverage. He stated the Town would be able to cover the first $350,000 of each Worker’s Compensation loss that is presented if something happened within any given year. The average over the past five years has been approximately $39,000 per year. The Insurance Committee recommends and supports the proposed Local Law.
Councilman Jemiolo questioned the Insurance Committee regarding the dollar amount in the fund. He feels that the Town should build the fund more cautiously. Mr. Litwin stated the Insurance Committee is conservative, but the million-dollar amount would protect the Town in case of an unforeseen disaster. Mr. Litwin stated that several claims could deplete the entire reserve and if the funds were available now, this would be the time to set them aside.
Councilman Buyer stated that the money is available and it is logical to set it aside for the Worker’s Compensation Reserve.
Supervisor Cudney stated that she would be ill at ease if there were not an adequate reserve in place to move forward with this Local Law for Worker’s Compensation Reserve.
Jerry Scoones, 15 Green Lake Drive: He asked if there could be a compromise on the amount reserved.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Public Hearing for a Local Law in the Year 2003 to establish a reserve fund, pursuant to Section 6J of the General Municipal Law, to be known as the Worker’s Compensation Reserve Fund in the sum of One Million ($1,000,000) be made for Worker’s Compensation Benefits to maintain a balance at the beginning of each fiscal year of One Million ($1,000,000) Dollars, is hereby closed at 7:20 PM (local time).
The resolution was unanimously adopted.
Old Business #1 Jim Ball Pontiac, 100 Hart Place: Requesting Rezoning from R-2 to B-2
3) 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 refer back to the Planning Board the request of Jim Ball Pontiac, 100 Hart Place from R-2 to B-2 in order to expand existing office space.
Councilman Buyer stated that a Public Hearing was held on July 16, 2003 and received a recommendation from the Planning Board. However, based on additional information, he is referring this request back to the Planning Board for further review and recommendation.
Councilman Jemiolo stated that with the stipulations, this should be sufficient and will not vote in favor.
Councilman Buyer stated that he would like to have the Planning Board be more stringent in determining how the Town can retain the building with adequate ability to enforce the stipulations and keep the character of the neighborhood. Perhaps this could be accomplished legally and therefore not require rezoning.
Councilman Kaczor agreed with sending this request back to the Planning Board for further clarification in order to act in the interest of both the residents and the business in that area.
Supervisor Cudney Aye
Councilman Buyer Aye
Councilwoman Ackerman Absent
Councilman Jemiolo Nay
Councilman Kaczor Aye
The resolution was duly adopted.
Old Business #2 Adopt Changes to the Personnel Policy Manual For Non-Union Employees
4) 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 adopt the changes to the Personnel Policy Manual of the Town of Orchard Park, Non-Union Health Benefits.
No change in Dental Benefit or Life Insurance
Health Insurance changes:
Health Insurance Plans offered at open enrollment September 1, 2003
I. For employees hired before Jan. 1, 2000, and Department Heads, Elected & Reelected after current term expires
· CB201, or the CB201 Plus with $5 prescription card and $100/month Flex benefit
The Town of Orchard Park will pay annual increases in health plan costs.
· Flex Plan:
$100/month
No automatic annual increase
If there is banked value (HRA), it may be used by retiree or spouse after retirement. The employees may submit to the flex account for reimbursement of medical deductibles and co-pays. A plastic flex plan “credit card” will be provided for use where accepted, to cut down on paperwork
Two types of flex plans will be offered: 1) HRA which roll over from year to year, but is used for medical related expenses only (vision, dental, co-pays, deductibles, health insurance: and 2) FSA, which does NOT roll over, may be used for some medical as an HRA, but may also be used for other purposes (extra life insurance, disability insurance, Roth IRA). Reimbursements from both types of flex accounts are regulated by law as to what is eligible and what is not. Some FSA uses are taxable.
A third party administers the flex plan much as our dental plan is administered by a third party. Employees will have annual open enrollment to change from one type of flex plan to another. The Flex Plan may be altered yearly but not decreased unless mutually agreed upon. The Flex Plan will continue for employees who retire and are eligible for the Town payment of their health insurance plan as per IRS regulations.
· CB 202 as it currently exists, “nothing less than they are currently eligible for”
The Town of Orchard Park will pay for increases in health plan costs for employees in the above plans.
· CB 203 Employee pays 20% of the plan cost.
The Town of Orchard Park will pay 80% of increased health plan costs.
Any employee may select a higher plan offered by Blue Cross & Blue Shield. If qualified by BC/BS for enrollment, the employee may enroll in the higher plan provided the employee pays the extra cost over and above the plan offered by the Town of Orchard Park.
Traditional BC/BS is available for elected who are currently enrolled in Traditional (until the end of current term of office). Elected officials upon re-election and all newly elected will be offered insurance the same as Department Heads.
Waiver of insurance:
Employees may elect to waive Health Benefits.
Employees waiving benefits will receive $200/month.
Waiver of insurance payment will be offered to non-union employees. The current Town Board members are not eligible for the waiver until re-elected. Any re-elected or newly elected will be eligible for the waiver payment, upon taking oath of office. Employees electing to waive insurance may cancel the waiver at annual open enrollment, or at other times only for reasons approved by Blue Cross & Blue Shield, such as loss of spousal benefits, or coverage under another plan for reasons beyond their control. Employees may opt for insurance coverage at such time upon approval by BC/BS and the Town of Orchard Park.
The Town of Orchard Park reserves the management right to change insurance coverage. The Town of Orchard Park Board agrees to negotiate with the non-union committee/employees any changes to the health insurance coverage.
Councilman Jemiolo stated that due to the increases in medical plans for the non-union employees, negotiating dialog with the employees and the Town Board has been taking place. Councilman Jemiolo thanked these employees for their input over the past year and especially Ernie Matthews, Nancy Janish and Mary Perram who represented them. Councilman Jemiolo outlined the insurance for the present and future employees.
Councilman Kaczor commended Councilman Jemiolo and the committee and especially the non-union committee and everyone involved for a job well done.
Supervisor Cudney thanked Councilman Jemiolo, and on behalf of the Town Board, thanked the non-union employees for their cooperation.
The resolution was unanimously adopted.
Old Business #3 Approve Final Change Order for the Recreational Play Fields with Scott Lawn
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town Engineer is pleased to inform the Town Board that construction of the Milestrip Road Recreation Area Grading and Turf Installation is completed. On June 19, 2003, a final inspection was conducted and all work has been satisfactorily completed in accordance with specifications, and
WHEREAS, a two-year maintenance bond in the amount of $120,255.00, along with all other necessary legal documents are to be forwarded to the Town by the Contractor, and
WHEREAS, based on a copy of the proposed Final Over/Under sheet for the above referenced project. The Over/Under sheet listed the final adjustments to the quantities for each bid item and shows that there will be a net decrease of $3,395.00. This will bring the total contract amount to $120,256.60, which represents a decrease of 2.75% from the original amount bid
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the release of retention to Scott Lawn Yard for the Milestrip Road Recreation Area Grading and Turf Installation in the amount of $6,012.75, pending receipt of maintenance bond, affidavit of release of liens and affidavit of payment of debts and claims, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #4 Approve Change Order #2 for Water System Improvements Part II
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Engineering Department is requesting approval of a change order to the contract with Wendel Duchscherer for the Comprehensive Water System Improvements, Part II in the amount of $5,050.00. If approved, this would increase the total contract amount to $168,950.00, representing an increase of 2.99%, and
WHEREAS, the change order is requested to perform additional work under contract for the Comprehensive Water System Improvement Project, Part II. The additional work involves the preparation of an application package to the United States Army Corps of Engineers and the New York State Department of Environmental Conservation for a Public Water Supply Permit for Orchard Park Water District No. 17 – Extension 3, Seufert Road Waterline Extension at an increase cost of $3,000.00. It is expected that the application will be completed, submitted and issued before commencement of project construction, and
WHEREAS, the change order also includes additional work involving preparation of sequence of operations in relation with Comprehensive Water System Improvements Project Part I work and special service lateral sizing calculations required for new residential water service laterals at an increase cost of $2,050.00
RESOLVED, that the Town Board does hereby authorize the Change Order #2 to the original contract with Wendel Duchscherer for the Comprehensive Water System Improvement Project – Part II in the amount of an increase of $5,050.00 as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #1 Authorize Advertisement for Bids for the Millennium Walkway/McFarland Park
7) 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 Advertisement for bids for the Millennium Brick Walkway in McFarland Green Park. Bid package available August 11, 2003 in the Town Clerk’s Office. Bid opening will be August 22, 2003 at 11:00 AM in the Supervisor’s Conference Room.
The resolution was unanimously adopted.
New Business #2 Supervisor to Sign Agreement for One New Utility Vehicle for Police Department
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Agreement with Government Acquisition, Inc., a Delaware Corporation, Vehicle Procurement Division, for the purchase of one (1) new utility vehicle for $1.00, for the Orchard Park Police Department, as recommended by the Chief of Police.
Police Chief McCune explained that this will be a special service utility vehicle for Emergency Response Team, command post, student activities, etc., which will be housed at one of the fire stations.
The resolution was unanimously adopted.
New Business #3 Supervisor to Sign NYSDEC Water Supply Permit for Seufert Road Water Dist.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, in order to supply water to the new Orchard Park Water District No. 17-3, Seufert Road Waterline Extension, a permit must be obtained from the U.S. Army Corps of Engineering and the New York State Department of Environmental Conservation, and
WHEREAS, Wendel Duchscherer, the consultant engineer for the project, has agreed to apply for the permit under a Change Order to the original contract, and
WHEREAS, it is expected that the application will be completed, submitted and issued before commencement of project construction
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the New York State Department of Environmental Conservation and U.S. Army Corps of Engineers Joint Application Water Supply Permit for Orchard Park Water District No. 17-3, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #4 Advertise for Bids for the Comprehensive Water System Improvement Part I
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the consultant engineer for the Comprehensive Water System Improvement Project, Part I, R & D Engineering, is finalizing the plans and specifications, the preliminary engineer’s estimate is within the amounts allocated for this project, and
WHEREAS, there are several easements necessary that are yet to be obtained from the property owners, and the Engineering Department is in the process of obtaining the necessary signatures, and
WHEREAS, it is expected that construction can start in October, with a completion date of the end of June 2004
RESOLVED, that the Town Board does hereby authorize the advertisement in the Southtowns Citizen and the Buffalo News for sealed bids to be opened for the Comprehensive Water System Improvement Project, Part I, at 10:00 A.M., September 11, 2003 in the Basement Meeting Room at the Orchard Park Municipal Center, as recommended by the Town Engineer.
Before the vote was taken, Supervisor Cudney added that the bid packets will be available in the Town Clerk’s Office August 25, 2003.
The resolution was unanimously adopted.
Councilman Jemiolo stated that construction would be scheduled for October with completion by June 2004. At that time, the Town will be lease managed by be Erie County Water Authority. The Town will then have a better supply of water, better pressure, adequate fire protection and savings on water rates.
New Business #5 Advertise for Bids for the Comprehensive Water System Improvement, Part II
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the consultant engineers for the Comprehensive Water System Improvement, Part II, Wendel Duchscherer, is finalizing the plans and specifications. The preliminary engineer’s estimate is within the amounts allocated for this project, and
WHEREAS, there are several easements necessary that are yet to be obtained from several property owners, the Engineering Department is in the process of obtaining all the necessary signatures, and
WHEREAS, it is expected that construction can start in mid October, with a completion date at the end of June 2004
RESOLVED, that the Town Board does hereby authorize the advertisement in the Southtowns Citizen and the Buffalo News for sealed bids to be opened for the Comprehensive Water System Improvement Project, Part II, at 10:00 A.M., September 25, 2003, in the Basement Meeting Room at the Orchard Park Municipal Center, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #6 Authorize NYSEG to Install Five Light Fixtures for Big Tree Rd./Park & Pool
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Engineering Department has received a proposal from NYSEG for the installation of street light fixtures in the Park & Pool lot on Route 20A adjacent to Rte. 219, and
WHEREAS, the 150-watt H.P.S. luminaries, which are owned and maintained by NYSEG, will be placed on posts installed by the contractor for the NYSDOT Rt. 240/277 Reconstruction Project, the posts and underground wiring are owned and maintained by the Town. NYSEG will be responsible for servicing the fixtures and replacing the lamp and the photo-eye. The Proposal is for five (5) fixtures to be activated at an annual charge of $144.86 each
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize NYSEG to install five (5) 150-watt high-pressure sodium decorative light fixtures at the Park & Pool lot at a cost of an annual increase of $724.30 to the Consolidated Light District in accordance with their proposal dated August 4, 2003, as recommended by the Town Engineer.
Supervisor Cudney congratulated the Lighting Committee and the Town Engineer for this economic agreement with NYSEG.
The resolution was unanimously adopted.
New Business #7 Authorize NYSEG to Install Eight Light Fixtures on Chisholm Trail Subdivision
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, proposals from NYSEG for the connection of decorative street light fixtures on Chisholm Trail in the Chisholm Trail Subdivision, at present there are five (5) single family homes occupied in this portion of the subdivision, with another five (5) currently under construction, and
WHEREAS, the 70-watt H.P.S. luminaires, which will be owned by the Town, will be placed on top of the aluminum posts that were installed under PIP #2002-02. NYSEG will only supply electric, maintain the bulb and the electric eye of the luminaires. The proposal is for eight (8) luminaires to be connected at an annual charge of $47.17 each for a total of $377.36, and
WHEREAS, the Lighting Committee along with the Engineering Department has determined that it would be beneficial to the Town to got to a service class 2 arrangement with NYSEG on all future subdivision decorative lights, since this decision was made after the dedication of Chisholm Trail Subdivision, the developer was not required to install the luminaires as part of their Public Improvement Permit, and
WHEREAS, in order for the Town to take advantage of the service class 2, the Town would have to buy and install the luminaires for this subdivision. The Engineering Department has received a price quote of $144.00/luminaire from Shanor Electric. Using this price, the cost to purchase the luminaires would be $1,152.00. Installation would be completed by the Sewer & Water Department, which will take approximately four hours to install. The difference between the annual charge of service class 3 and service class 2 is $73.47/luminaire. Based on these figures, it will take the Town three years to recoup this expenditure and start realizing the annual savings
RESOLVED, that the Town Board does hereby authorize the purchase of eight (8) luminaires from Shanor Electric at a cost not to exceed $1,152.00 to the Consolidated Light District, and be it further
RESOLVED, that the Town Board does hereby authorize NYSEG to connect eight (8) 70-watt high-pressure sodium decorative light fixtures on Chisholm Trail at the cost of an annual increase of $377.36 to the Consolidated Light District in accordance with their proposal dated August 4, 2003, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #8 Authorize the creation of Junior Engineer Position
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Engineering Department has had a vacancy since June 2002, and
WHEREAS, the Engineering Department has proposed creating a Junior Engineering position to assist with the increased technical workload associated with maintaining the increasing infrastructure of the Town
RESOLVED, that the Town Board does hereby authorize the creation of the civil service classification title Junior Engineer, added to non-union wage scale range 0900, in the Orchard Park Engineering Department, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #9 Authorize Supervisor to Sign Agreement for Additional Soil Boring/Baker Road
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, to complete the Baker Road Reconstruction design work, existing soil conditions in the vicinity of the bridge project need to be known, with the preliminary design work underway, additional test bore locations have been marked in the field and depths determined by the Town’s consultant, URS Inc. The Town of Orchard Park will directly contract the test boring services for Baker Road Reconstruction and add the findings to the Town’s soil boring record book, and
WHEREAS, in order to keep the project on schedule; soil boring work must be completed early in the design stage. The Town Engineer solicited services from a local consultant SJB Services, Inc., which is qualified and capable to complete this work in the necessary time frame, and
WHEREAS, the test boring work will include two soil borings at each bridge, drilled to a depth of 50 feet or refusal. If bedrock is encountered, core 5 feet at each location. Lab testing to include moisture content, sieve, and atterburgs limit. All boring locations are to be tied into survey with elevations. SJB Services, Inc., estimated cost to complete the above mentioned work is $4,500.00, plus additional expenses for traffic control due to the site’s physical limitations. These additional services (flagman, cones, and signs) can be provided at a rate of $300/day. The estimated time necessary to complete the work is four days. With the pending Mulit-Modal 2000 Program funds being added to the Baker Road Highway & Bridge Design Capital Fund, funding is provided
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with SJB Services, Inc., 5167 South Park Avenue, Hamburg New York 14075, to provide soil borings for the Baker Road Reconstruction Project in an amount not to exceed $5,700.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
16) 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 residents from Royal Hill to hold a Block Party and to have a small section of East Royal Hill Road temporarily blocked off from 1:00 PM to 11:00 PM, Saturday, August 23, 2003.
The resolution was unanimously adopted.
17) 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 one court clerk to attend the New York State Association of Magistrate and Court Clerks Annual Conference in Saratoga Springs on September 28th
through the 31st , 2003, as requested by the Courts.
Supervisor Cudney stated that the funds have been allocated in the budget.
The resolution was unanimously adopted.
Supervisor Cudney announced that Green Lake has been treated this past August 4, 2003 as part of the maintenance program and the water quality has improved since last year. She also stated that Erie County has informed the Town that helicopters will be dropping bait for raccoons containing rabies vaccine on August 7 & 8, 2003. The bait will not harm humans or domestic animals.
Councilman Buyer, who is an Instructor at Bryant and Stratton College, stated that their development group has notified him that they are actively searching for property in Hamburg and not at Sterling Park in Orchard Park. Councilman Buyer stated that the reason for this is tax incentives for their proposed new campus through Erie County Industrial Development Agency, which granted them an approval and a subsequent veto by Erie County Executive Joel Giambra. Councilman Buyer explained that Hamburg has its own industrial development agency and Mr. Giambra doesn’t have the ability to veto any incentives that may be granted them by the Hamburg agency. Councilman Buyer stated that in all probability the Bryant and Stratton College in Orchard Park has been lost.
Councilman Kaczor congratulated Recreation Director, Ed Leak, on behalf of the Town Board and the Recreation Commission who received a designation as a Certified Park and Recreational Professional, which is governed by the United States National Certification Board. Councilman Kaczor stated that the editor of the Orchard Park Bee, Bob Ricotta, is leaving and he wished he and his family the best of luck.
Town Clerk Colarusso bid Bob Ricotta the best of luck and told him that she enjoyed working with him.
18) 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 #15 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$172,596.18 |
|
Part Town Fund |
4,325.80 |
|
Risk Retention |
1,163.84 |
|
Highway Fund |
74,905.24 |
|
Special Districts |
56,553.31 |
|
Trust & Agency |
9,593.95 |
|
Capital Fund |
13,845.68 |
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize to receive and file the following Communications:
§ Orchard Park Highway Department Memo: 1) Scherff Road between Ward and Gartman will be closed from August 4 – 8, 2003 except to local traffic, and 2) Scherff Road from Gartman to Powers will be closed from August 7- 21, 2003 except to local traffic, as per Erie County Highway.
§ New York State Department of Health (Town Clerk’s Office): The 2003/2004 New York State Budget resulted in changes to vital records fees. All changes will go into effect on August 1, 2003. Marriage License’s will go from $20 to $40
§ Town of West Seneca; Public Hearing at the Town Hall, August 18, 2003, at 7:00 p.m. to consider granting a rezoning for 1100 Southwestern Boulevard, C-1 to C-2 for a restaurant/pizzeria.
§ New York State Department of Transportation Designation of Restricted Highway; the following road will be under construction; Route 20/Southwestern Boulevard until 12/31/04.
§ Erie County Department of Public Works Division of Highways: Scherff Road, from Gartman Road to Powers Road will be closed for culvert replacement, except to local traffic.
§ Great Lakes United (an international coalition to protect and restore the Great Lakes/St. Lawrence River ecosystem) recently passed seven resolutions. These resolutions can be viewed in the Town Clerk’s Office.
§ Citizen Campaign For The Environment: Will be in the Town of Orchard Park August 7th through September 4th, Monday through Friday, 4:00 PM to 9:00 PM.
The resolution was unanimously adopted.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize to receive and file the following Reports: Chief of Police’s Monthly Report for July 2003.
The resolution was unanimously adopted.
Linda Yancey, 5031 Armor Duells Road: Ms. Yancey is the Town Assessor and wanted to state that she gives the Town Board a lot of credit for taking the opportunity now to start looking at what is planned progress for the Town. There has been a study to determine what is actually available for any open space protection and there is very little left. There are less than 25 identifiable parcels, very, few of which are for sale and the selling price starts at $18,000 up to $29,000 per acre. There are easily over 100 houses built yearly in the Town and in this economic time frame that is the only vehicle people are able to invest in and actually gain. It is important not to arbitrarily allow land to be sold for development just anywhere because it would hurt property values not increase them. Ms. Yancey stated that in the subdivisions there is at least one lot set-aside for a play park for the children or water detention, which also increases property development. Ms. Yancey stated that if the residents want green space in their Town, this is the time to let the Town Board know.
Supervisor Cudney stated that she would like to work with Mr. Ippolito for solutions regarding the completion of the Towns Master Plan. Supervisor Cudney stated that a referendum might be an answer.
Councilman Jemiolo thanked Mr. Ippolito and Ms. Yancey for their input and stated he would like more comments from the community on purchasing land for green space.
Councilman Kaczor wanted to clarify the issue on Bryant and Stratton, which is a publicly owned entity and they would have been eligible for ten-year pilot tax abatement. He stated that the Town Board felt there was a benefit from the Institute as an investment, an additional draw for other businesses to Sterling Park, adult students who would shop at the local retail stores. Councilman Buyer stated that the Lackawanna Campus of Bryant and Stratton has outgrown its present location. Supervisor Cudney added that this proposal was presented to the Town as an expansion of Bryant and Stratton.
Other residents who opposes rezoning Hart Place: Linda Gill - 12 Hart Place, Daniel Kites - 6324 Milestrip Road, Carmen Alea - 6336 Milestrip Road, Michelle Plonski - 6451 Milestrip Road, Marv Noel - 2 Noel Place
Nicholas Taneff, 279 Summit Avenue: He stated that this is another example of what is happening at the north end of Town. He stated that the Town does not have a buffering law and feels that there should be buffering for the Milestrip Road and Hart Place residents.
Marvion Ashburn, 6326 Benning Road: He asked about the ton limit on Benning Road. He also asked about the Comprehensive Annual Financial Report.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 8:54 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk