A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 17th day of December 2003 at 7:00 P.M., (local time). The meeting was called to order by Supervisor Cudney, 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
Kathleen A. Swarbrick Deputy Town Clerk
Leonard Berkowitz Town Attorney
Andrew Geist Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
ABSENT: Janis Colarusso Town Clerk
Wayne Bieler Town Engineer
Supervisor Cudney 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.
Supervisor Cudney stated this meeting is a very momentous evening because it is the last one for fellow Board Member Councilman David M. Buyer who has served on this Board since 1990. She stated his career in public service began in 1967 when he started on the Recreation Committee, and from there he went to the Planning Board and then Town Board. She noted he has been a member of several organizations and served on boards and committees in the community. At this time, Councilman Buyer introduced his family members.
Upon this occasion special awards and presentations in recognition of Councilman Buyer were presented. Congressman Jack Quinn sent a certificate of Appreciation for Councilman Buyer’s years of dedicated service. New York State Senator Dale Volker sent a proclamation to honor Councilman Buyer and outlined his years of service to the Town of Orchard Park and the County of Erie. After the Proclamations were read, Supervisor Cudney gave the Proclamations to Councilman Buyer.
Police Chief McCune thanked Councilman Buyer for helping to initiate the D.A.R.E program, and for his continued support. Detective Lieutenant Andrew Benz, Police Officers John Payne and Tom Buranich (unable to attend meeting), the first D.A.R.E. Officers, all presented a plaque to honor Councilman Buyer’s commitment and contributions to the D.A.R.E program.
Lorraine Biryla praised Councilman Buyer for his many years of service.
The Town Board awarded Councilman Buyer a plaque for his many years of outstanding service to the Town of Orchard Park. On the plaque there is a quote that exemplifies Councilman Buyer and his dedication to the Town “Brilliance is one part talent, two parts wisdom and three parts passion”.
The Councilmembers all said their good-byes and wished Councilman Buyer well. A standing ovation was given in honor Councilman Buyer.
Councilman Buyer stated that over his years in public service he has observed many Town Boards and he feels the currant Orchard Park Town Board is by far the best board he has worked with. What makes the currant Town Board great is the members all have a commitment to the Community that rises above anything else, and are able to civilly accomplish the work that needs to be done. He also took this time to thank the citizens of Orchard Park for giving him the opportunity to serve on the Town Board for fourteen years. Councilman Buyer said that he is going to miss the legislative part of government, but he knows that he is leaving it in good hands and he will still be around.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on November 19, 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.
PUBLIC HEARING
The Supervisor called for the Public Hearing at 7:00 PM, the advertised time, to hear all interested parties for or against the adoption of Proposed Local Law for the Year 2003, proposed amendments to the Town Code which provides as follows:
Section 124.3 Exemptions – Late Filing, Section
An application for a Senior Citizen defined in this section may be filed with the Assessor after the appropriate taxable status date but not later than the last day in which a petition with respect to complaints of assessment may be filed, where failure to file a timely application resulted from:
A. A death of the applicant’s spouse, child, parent, brother or sister; or
B. An illness of the applicant or of the applicant’s spouse, child, parent, brother or sister which actually prevents the applicant from filing on a timely basis, as certified by a licensed physician.
Section 124.4 Calculation of Income
In calculating income to determine whether an individual is entitled to the partial exemption for the aged pursuant to Section 124-1, the Assessor shall subtract from such income all medical and prescription expenses that are not reimbursed or paid by insurance.
Section 124.5 Trash Pickup Assessment
A. Upon receipt of the Certificate of Occupancy Notice from the Building Department when a new home is occupied, provide a notice to such homeowner that the cost of trash pickup will be added to the tax bill of the homeowner, pro-rated from the date of the Certificate of Occupancy.
B. The Assessor shall add the pro-rated cost of trash pickup to the bill as an omitted tax re-levy for the next January tax bill.
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 opened the Public Hearing to hear all interested persons for or against the Proposed Amendment to the Town Code of Ordinances.
Name/Address Proponent/Opponent
No one came forward to speak.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Proposed Local Law for the Year 2003; Sections 124.3, 124.4 and 124.5 of the Town Code is hereby closed at 7:15 PM (local time).
The resolution was unanimously adopted.
Town Board Adopts Local Law 7- 2003, Sections 124.3, 124.4 and 124.5 of the Town Code
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, following due and timely notice a Pubic Hearing was held relating to the matter of adoption of Local Law 7-2003 – Amendments 124.3, 124.4 and 124.5 of the Town Code, at which time all interested parties were given an opportunity to be heard,
RESOLVED, that the Town Board is hereby authorized to adopt Local Law # 7-2003 as presented in the Public Hearing.
Supervisor Cudney called for a roll call vote: Supervisor Cudney Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Aye
The resolution was unanimously adopted.
Old Business #1 Vacant Land on the East Side of California Road, Requesting Special Ex. Use
4) 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 schedule a Public Hearing for Wednesday, January 21, 2004, at 7:00 PM, for Walter Schmidt, 14.34 acres of vacant land, East Side of California Road, requesting to rezone from R-3 to R-3 Special Exception Use in order to construct a townhouse project, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice.
Councilman Buyer stated that this project has been in front of the Town Board before. It was denied based on some of the State Environmental Quality Review Act considerations, which the petitioner now feels have been mitigated. He stated the Petitioner has gone back to the Planning Board and they have recommended approval. By law, a Public Hearing once again needs to be held before any decision is made.
The resolution was unanimously adopted.
Old Business #2 Award the Bids for the Three (3) New Police Vehicles
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, a bid opening was held for the Police Department on December 8, 2003, in the Supervisor’s Conference Room at the Orchard Park Municipal Center, and
WHEREAS, three sealed proposals for one (1) New Unmarked 2004 Police Vehicle and two (2) New Marked 2004 Police Vehicles were opened
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby award the bid for one (1) New Unmarked 2004 Police Vehicle and two (2) New Marked 2004 Police Vehicles to West Herr Ford, Inc., S5025 Camp Road, Hamburg New York, 14075, in amount not to exceed $41,778.00, as recommended by the Town Attorney and the Chief of Police.
The resolution was unanimously adopted.
Old Business #3 Adopt Local Law for the Year 2003; Dog Limit-Per Household
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, following due and timely notice a Pubic Hearing was held on Wednesday, November 19, 2003, at 7:00 PM (local time), in the matter of an adoption of Local Law for the Year 2003; Dog Limit-Per Household at which time all interested parties were given the opportunity to be heard
RESOLVED, that the Town Board does hereby adopt Local Law # 8-2003 as follows:
A. No household shall keep more than three (3) dogs, four months of age or older on any residence in the Town of Orchard Park.
B. Exceptions: Section A shall not apply to any person who secures a Multiple Dog Housing Permit subject to the following conditions:
1. Any premises with more than three (3) dogs must secure a Multiple Dog Housing Permit. The Dog Control Officer shall issue a Multiple Dog Housing Permit after inspection of the premises. The Orchard Park Dog Control Officer shall apply the following criteria for issuance of a Multiple Dog Housing Permit.
a. Capacity of the owners to provide sufficient food and water for the dogs.
b. Capacity of the owners to limit barking by the dogs.
c. Sufficient housing for the dogs.
d. Capacity of the owners to maintain the dogs in a clean manner.
e. Capacity of the owners to provide necessary veterinary care for the dogs.
f. Capacity of the owners to provide housing, which does not subject the dogs to extreme temperatures.
2. In the event the number of dogs at a premises increases, additional permits shall be required.
3. The Dog Control Officer can revoke a Permit if, after granting the permit, the owner does not comply with the criteria set forth above. The permit holder shall be notified, in writing, of the criteria with which the owner has failed to comply. The permit holder shall be provided sixty (60) days to correct the noted violations. In the event that the owner fails to correct the violations of the criteria, the permit shall be revoked.
4. In the event that more than three (3) dogs are housed without a Multiple Dog Housing Permit, the individual maintaining the dogs, shall have thirty (30) days to remove the dogs.
5. Failure to comply with this Multiple Dog Housing Permit section shall subject the responsible party to a fine of $250.00 per day.
6. A fee in the sum of $50.00 will be due annually for the Multiple Dog Housing Permit.
Councilwoman Ackerman stated that people need to have patience with the Town Board as they work to execute this Local Law in the manner that was established by the Town
Supervisor Cudney called for a roll call vote: Supervisor Cudney Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Aye
The resolution was unanimously adopted.
New Business #1 Approve Financial Report Disclosure Forms revisions per the new Ethics Law
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Ethics Committee has been working for a long time to update and revise the Town Ethics Law, and
WHEREAS, a new Ethics Law was passed this year and with that a new disclosure form was developed for employees and volunteers who serve the Town of Orchard Park to fill out at the beginning of each year
RESOLVED, that the Town Board does hereby approve of the revisions to the Financial Disclosure Forms for Employees and volunteers of the Town of Orchard Park, pursuant to the Town Ethics Law.
The resolution was unanimously adopted.
New Business #2 Supervisor to Sign Agreement w/Erie County for Nutrition Program
8) 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 authorize the Supervisor to sign the Renewal Agreement with Erie County for the Nutrition Program.
The resolution was unanimously adopted.
New Business #3 Approve PIP #2003-04 / Hammocks Complex for a OP Road Sanitary Sewer
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, an application for a Public Improvement Permit was received from David Riedman, 45 East Avenue, Rochester New York, to construct a Sanitary Sewer Doghouse Manhole for the Hammocks Apartment Complex, and
WHEREAS, the proposed work includes the installation of a sanitary sewer doghouse manhole that will be placed over the existing sanitary sewer line, and the doghouse manhole will be the connection point for the clubhouse and 288 apartment units contained in Hammocks Apartment Complex, and
WHEREAS, the Town Engineer has reviewed the plans and specifications for the proposed project and have found them to be in compliance with current Town specifications, and the Town is in receipt of all necessary fees, bonds and insurance
RESOLVED, that the Town Board does hereby approve of Public Improvement Permit #2003-04 for the Hammocks Apartment Complex Sanitary Sewer Doghouse Manhole, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #4 Fall/Winter 2003-2004 Recreation Staff Appointment
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby approve of the following appointment to the staff of the Recreation Department, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.
Name Address Position
Mario Vinti 5600 Powers Road Guard
The resolution was unanimously adopted.
New Business #5 Carnation Housing / Southwestern Blvd., Sewer Connection with West Seneca
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, Carnation Housing/People Inc., vacant land on Southwestern Blvd., have requested an Out- of-District Sewer Connection to the West Seneca Sewer District
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the request of Carnation Housing/People Inc., vacant land on Southwestern Blvd., for an out of district sewer connection to the West Seneca sewer district with the following conditions:
§ That the private sewer connection may be made a public connection and that the applicants agree, in writing, that the connection may be made public
§ That the Town of West Seneca agree that Hazel court may be connected to the West Seneca Sewer System as soon as the issues with the West Seneca Sewer System are resolved.
RESOLVED, that a Building Permit may not be issued until the above referenced conditions are resolved, as recommended by the Town Attorney.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation has received notification that the transfer of the original Eagle Heights Trail grant to Birdsong Parkland was federally approved, and
WHEREAS, the grant amount is $60,353.00, with the amount of reimbursement set at 30%, and the cost of the total project is proposed at $201,131.00, and
WHEREAS, the Birdsong Park Trail project consists of the installation of 6,900 LF of 5-ft. wide nature trails, water overlooks and 1300 LF of boardwalks, and pedestrian bridges, the plan also proposes and 8-ft. wide paved jogging area (2,640 LF) and a 1,500 square feet environmental center,
RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the contract agreement with New York State Office of Parks, recreation and Historic Preservation concerning the Federal Recreation Trails Program grant for Birdsong Parklands, and be it further
RESOLVED, that the Town of Orchard Park will contribute at least $140,778.00 in cash and in-kind goods and services to the Birdsong Park trail project, as recommended by the Town Engineer.
The resolution was unanimously adopted.
13) 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 authorize the following budget transfer, as requested by the Town Justice Courts.
$ 1,200.00 From: Travel & Conference A.1110.0413
To: Office Equipment A.1110.0200
The resolution was unanimously adopted.
Supervisor Cudney announced that the Organizational Meeting is going to be held on January 7, 2004 at 6:30pm, with the first Town Board Meeting of the year to follow. She wished everyone a Merry Christmas.
Everyone on the Town Board wished Councilman David Buyer the very best on his retirement and stated how he would be greatly missed.
Highway Superintendent Geitter talked about the problem with the trees along Chestnut Ridge Road, that they are not kept trimmed properly which causes many of the electrical problems south of that area. Mr. Geitter stated that NYSEG has done their part to trim the trees, but Chestnut Ridge Park has not. He recommended that the Town send a letter to the County Parks Commission to get this taken care of quickly.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, areas south of the Town are often subject to loss of electrical power due to the trees that hang over the electrical lines and these limbs coming down on the electrical lines, and
WHEREAS, NYSEG has done all the work they can do as far as trimming trees along Chestnut Ridge Road and the other roads involved, but Chestnut Ridge Park has not done their portion of trimming the trees, and most of the problems stem from Chestnut Ridge Park trees
RESOLVED, that the Town Board does hereby authorize a letter to be sent to the Erie County Parks Commissioner requesting the Parks Department to get this situation taken care of before serious weather sets in and causes more power outages, as recommended by the Superintendent of Highways.
The resolution was unanimously adopted.
DEPARTMENT HEADS FROM THE FLOOR
Town Assessor Linda Yancey thanked the Town Board for passing the Local Law regarding assessments for the Senior Citizens as these amendments were truly needed and will be a tremendous help to them. She also wished Councilman Buyer the best in his retirement from the Town Board.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, 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 #24 following auditing by the members of the Town Board and in the funds indicated:
|
General Fund |
$77,721.38 |
|
Part Town Fund |
$990.66 |
|
Risk Retention |
$4,461.59 |
|
Highway Fund |
$30,448.84 |
|
Special Districts |
$81,797.39 |
|
Trust & Agency |
$19,159.95 |
|
Capital Fund |
$30,742.18 |
The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications:
§ State of New York Department of Transportation: Route 179/Milestrip Road will be constructing sidewalks on the south side of Route 179 between McKinley Parkway and California Road and also on the north side of Route 179 to provide connections to Old Milestrip Road.
§ County of Erie Department of Environment & Planning is sponsoring another Computer Recycling Event on January 10, 2004, Chestnut Ridge Park on Chestnut Ridge Road, from 9:00 AM to 12:00 PM. This event also includes the recycling of cell phones and Christmas trees.
§ As part of a preventative maintenance program, the State of New York Department of Transportation plans on updating the following roads in the Towns of Orchard Park & West Seneca: 1) Plans to resurface US 219, Southern Expressway, from Duerr Road to Ridge Road. The work will consist of milling bridge approaches and applying a micro-surfacing overlay to the travel lanes, and 2) Plans to resurface portions of NY 240 (Orchard Park Road). The work will consist of milling and resurfacing with asphalt concrete the Ridge Road intersection approaches, the east leg at Potters Road intersection and the NY 277 junction (Southwestern Boulevard to Michael Road).
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Reports: 1) STOP DWI Fiscal Cost Report for the period January 1, 2002 to December 31, 2002, and 2) Building Inspector’s Monthly Report & Building Permits for November 2003.
The resolution was unanimously adopted.
Estelle Young, 8 Foxmeadow Court: Ms. Young congratulated & thanked Councilman Buyer. She then requested the Nativity scene they place out in front of the Town Hall every year be allowed to stay in place for three weeks and she asked it to be done by Town resolution. The Town Board and the Town Attorney discussed this issue and it was decided not to do a resolution, but permission was given to allow the Christmas Creche to remain until December 31st.
Nick Taneff, 279 Summit Avenue: Mr. Taneff stated that the other night a truck driver was on Summit Avenue, because he missed the sign for the Diversified Controls. He stated that this is the third time that this has happened in a month. He stated he approached the driver to direct him the right way, the driver could not speak English. The driver was by himself, and it was night. Mr. Taneff said something has to be done to make sure the Diversified truck traffic does not come down Summit Avenue, as someone is going to end up getting injured. Again he noted that this is the third time he has pointed this out to the Town Board.
Terry Young, 8 Foxmeadow Court: He congratulated Councilman Buyer and wished him the best in his retirement from the Town Board.
John Marlow, 47 Brookins Green: Mr. Marlow stated that he would like the Town Board to support the re-evaluation of property in 2005. He also said that he is opposed to spot zoning such as Benderson Construction is proposing on North Buffalo Road. He stated Benderson has mislead the Town on previous rezoning issues, such as the Tops Plaza, and he does not see that this rezoning is necessary. He feels it would be detrimental to the Village. Mr. Marlow said the Town has a Master Plan and spot zoning is not proper. He also wanted to know when would the Master Plan updates be adopted, he was referred to Councilwoman Ackerman for a status report.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:15 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk