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 20th 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
Nancy W. Ackerman Councilwoman
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
Ronald A. Geitter Superintendent of Highways
Wayne Bieler Town Engineer
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.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on August 6, 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.
The resolution was unanimously adopted.
Old Business #1 Ralph Hogg Requesting a Building Permit to Construct a Car Wash
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUCNILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request for a Building Permit to Ralph Hogg, 5475 Webster Road, to construct a car wash facility. The Planning Board, 8/13/03, recommends approval of this request and of the site plan with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Long EAF Parts 1 and 2 and a Negative Declaration is declared.
§ A Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 35% green space. The amount of the bond is $9,905.00 or a certified check for $4,952.50.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lenses and house shields.
§ 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.
§ Town Engineering Approval has been granted on 6/20/2003.
§ If the sound levels exceed 50 decibels at the property line of the nearest resident, a sound reduction system will be installed.
The resolution was unanimously adopted.
Old Business #2 Woodbridge Construction Requesting Special Exception Use in an R-3 Zone
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, Woodbridge Construction Group, Inc. 17.86 acres of vacant land, east side of Taylor Road is requesting rezoning from R-3 to R-3 Special Exception Use to construct an 80-unit townhouse project, and
WHEREAS, the Planning Board, 8/13/03, recommends that the Town Board initiate the Coordinated Review Process for this Type I SEQR Action.
RESOLVED, that the Town Board does hereby initiate the Coordinated Review Process with a Type I SEQR Action for Woodbridge Construction Group for 17.86 acres of vacant land, east side of Taylor Road to construct an 80-unit townhouse project.
Before the vote was taken Councilman Jemiolo stated this was not a rezoning, but an application for Special Exception Use. The Town Attorney stated the Town Board should seek Lead Agency.
And be it further
RESOLVED, that the Town Board will seek Lead Agency for this project.
The resolution was unanimously adopted.
New Business #1 Chief of Police Requesting to Attend a Seminar in Philadelphia, PA
4) 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 Chief of Police to attend the International Association of Chief’s of Police Training Conference, October 21 – 25, 2003 in Philadelphia, PA, at Town expense.
The resolution was unanimously adopted.
New Business #2 Chief of Police Requesting a Bid Opening for Police Uniform Parts
5) 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 Chief of Police to advertise for a Bid Opening for Police Uniform Parts, Monday, September 8, 2003, at 10:00 AM, in the Supervisor’s Conference Room.
The resolution was unanimously adopted.
New Business #3 Authorize the Supervisor to Sign an Agreement with the Village of Orchard Park
6) 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 Supervisor to sign an Agreement with the Village of Orchard Park for the transfer of Lake Avenue Water Line at a cost of $ 85,000.
The resolution was unanimously adopted.
New Business #4 Schedule Public Hearing for a Conservation Easement for Newton Road
7) 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 schedule a Public Hearing for Wednesday, September 17, 2003 at 7:00 PM for William & Cheryl Lewis, 31.30 acres of vacant land on Newton Road, requesting a Conservation Easement, and be it further
RESOLVED, that the Town Clerk shall publish due notice in the official newspaper of the Town.
The resolution was unanimously adopted.
New Business #5 Approve the following 2003 Commercial Parking Permits
8) 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 approve the following 2003 Commercial Parking Permits: Ronald & Paul Yoviene, Thomas & Paul Kam, Windom Community Church, Stephen F. Tripodi & CN Robert Wong, Mark Leitzan, Victor Libertore, Patrick Sullivan, Nicholas & Jessie Daurelio, Milligan’s, David Tempestoso, Maple Court Motel, Deborah McDonell, Sue & Patrick Kane, Lisa Matwijow, Northstar Development Corp., Johanna Gugliuzza, Sally Brown, Michael Simoncelli, June Booth, Sean Hanley, Quaker Boy Inc., Akim Popovski, Henry Whytas, Jr., Dana Lewis, Rudolf E. Benes, and be it further
RESOLVED, all commercial parking lot address for the above applicants may be obtained from the Town Clerk’s Office.
The resolution was unanimously adopted.
New Business #6 Adopt the Erie County “Water Conservation & Use Restriction Plan”
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, with the formation of Water District 17-3 (Seufert Road waterline extension), the Town is required by New York State Department of Environmental Conservation to apply for a Water Supply Permit. The Water Supply Permit requires the Town to have in place a Water Conservation Plan, and
WHEREAS, a Water Conservation Plan addresses water conservation measures and use restrictions, which may be utilized during periods including, but not limited to drought, major leaks, system failure or excessive consumption beyond system capacity. The measure can be applied to both the entire service area or portions thereof, and
WHEREAS, the Town Engineer has reviewed the plan and feels the Town formally adopting the Erie County Water Authority Water Conservation Plan will adequately address water conservation for the Town and satisfy the requirement needed to complete the NYSDEC Water Supply Permit.
RESOLVED, that the Town Board does hereby adopt the Erie County Water Authority “Water Conservation and Use Restriction Plan” required by New York State Department of Environmental Conservation for Water District 17-3 (Seufert Road watermain extension) Water Supply Permit.
The resolution was unanimously adopted.
New Business #7 Appointment of the Junior Engineer for the Engineering Department
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Erie County Department of Personnel has approved the Junior Engineer Position for the Town of Orchard Park based on job classifications & duties, the Town of Orchard Park created the position of August 5, 2003, and
WHEREAS, since June 2002 there has been a vacancy in the Engineering Department. The Junior Engineer would assist with the increased technical workload associated with maintaining the Town’s increasing infrastructure, and
WHEREAS, the minimum qualifications include graduation from a regionally accredited or New York State registered college or university with a Bachelor’s degree in Civil Engineering, and
WHEREAS, the Town Engineer has interviewed several candidates and he has concluded the best qualified individual for the position is Gregg Mistretta, who has assisted in the completion of various projects for the Erie County Highway and who has recently graduated from the University of Buffalo with a Bachelor of Science Degree in Civil Engineering, and
WHEREAS, Mr. Mistretta will be performing entry level professional engineering work in the office or field in connection with design, inspection, maintenance and/or construction of civil engineering projects, and
WHEREAS, work includes complex technical duties that apply the principles of civil engineering to a variety of engineering problems either as a regular assignment or as a training experience, and
WHEREAS, the Junior Engineer work will be performed under the direct supervision of higher-ranking engineering staff with limited leeway for the exercise of independent judgement. Supervision is exercised over lower level technical and labor class employees.
RESOLVED, that the Town Board does hereby authorize the appointment of Mr. Gregg Mistretta, 67 Second Avenue, Apartment 4, North Tonawanda, New York 14120, to the position of Junior Engineer assigned to the Engineering Department at Range 900, Step A of non-union wage schedule effective August 25, 2003 with a six-month probation period and pending meeting all Civil Service rules and regulations.
The resolution was unanimously adopted.
New Business #8 Residents of South Lane & Timothy Drive Requesting a Block Party
11) 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 approve the request from the residents of South Lane and Timothy Drive to hold a Block Party, Saturday, September 27, 2003, from 12:00 PM - 10:00 PM, and to block a portion of the street.
The resolution was unanimously adopted.
12) 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 approve of the following 2003 Late Summer/Fall Recreation Department Staff Appointment, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.
Name Address Position
Charlie McNall 31 Timberlake Drive A
Councilman Kaczor stated Charlie McNall will be the individual who will be working with the new Skate Park. He also stated the Grand Opening of the Skate Park at Green Lake/Yates Park will be Saturday, August 30th, from 12:00 to 1:00 PM with a ribbon cutting ceremony, team demonstrations, autograph signings from a professional skate boarder, product giveaways and open skate. Everyone is invited to attend.
The resolution was unanimously adopted.
13) 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 following Budget Transfer, as recommended by the Town Engineer:
$ 150.00 From: 001.8346.000.577
To: 001.8346.000.591
The resolution was unanimously adopted.
Supervisor Cudney thanked everyone in the Town Hall for all their help last Thursday during the power outage that hit the State of New York, Ohio, Pennsylvania and parts of Canada. The Police Department, Fire Department and Highway Department did a wonderful job taking care of our community. Our Fire Department is comprised of all volunteer members, and their dedication is greatly appreciated.
Councilman Buyer asked Councilman Kaczor, Liaison to the Public Safety Committee, to look into the parking situation for vehicles that are larger than standard cars as these large vehicles block site distance for individuals pulling out of parking lots into on coming traffic. Mr. Buyer suggested maybe restricted parking spaces may be the answer for this kind of situation.
Councilwoman Ackerman stated Household Hazardous Waste Drop Off Day is Saturday, September 6, 2003, from 9:00 AM – 2:00 PM, at Honeywell, 20 Peabody Street, Buffalo, enter site from Elk Street. She stated this will be the last drop-off for the year.
Councilman Kaczor said he went through the Southwestern Boulevard/Milestrip Road intersection the night of the of power outage and noticed the huge lights the Fire Emergency Department brought in to illuminate that intersection. Councilman Kaczor was impressed by the competent and efficient way everything was being handled, and stated that he was very proud of the Police Department and the Volunteer Firemen of Orchard Park who take care of the community we all live in.
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 authorize the approval of all entries on Warrant #16 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 49,448.75 |
|
Part Town Fund |
$ 1,051.31 |
|
Risk Retention |
$ 3,350.00 |
|
Highway Fund |
$ 28,632.22 |
|
Special Districts |
$ 121,620.54 |
|
Trust & Agency |
$ 6,948.88 |
|
Capital Fund |
$ 34,876.77 |
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications: Erie County Department of Public Works Division of Highways: A portion of Gartman Road, from Chestnut Ridge to Scherff Road will be closed due to a culvert replacement. Work is to be in effect from 7:00 AM on Monday, August 18, 2003 until completion of the project, and be it further
RESOLVED, that the Town Board is hereby authorized to receive and file the following Reports: Building Inspector’s Monthly Report & Building Permits for July 2003.
The resolution was unanimously adopted.
Scott Kroll, President of the Orchard Park Jaycees: He thanked Councilman Kaczor for presenting the awards for the Orchard Park Elementary Schools’ children that participated in the Earning by Learning Program that the Orchard Park Jaycees Sponsored. The Jaycees gave away $1,250 in prize money, $1.00 for each book that a child read this past summer. He stated there was great support from the community, the parents and kids who helped out. On a last note, he invited the Community of Orchard Park to the Annual Quakers Arts Festival this coming September 19, 20 and 21.
Matt Lattimer, 6428 Milestrip Road (home) & 4327 S. Buffalo Street (business): He thanked Supervisor Cudney for appearing at the August 11, 2003, Village Board Meeting and speaking against the re-stripping of South Buffalo Street. Mr. Lattimer said she spoke on behalf of the businesses who have suffered through the road construction for the last three years and their need to recoup their losses. Mr. Lattimer said that Supervisor Cudney pointed out to the Village Board that it has been a tragedy for the small businesses and merchants in the Village, and these businesses do not need to suffer losses again through the re-stripping process.
Gregg Mistretta, Junior Engineer: He introduced himself to the Town Board Members. He stated he was really looking forward to working with everyone.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Kaczor, the meeting was adjourned at 7:27 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk