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 1st day of January 2003 at 7:36 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
Joseph M. Campion Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Wayne Bieler Town Engineer
The Supervisor read into the record the following: “If anyone appearing before the Town Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State Law and the Town Code of Ethics.”
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on December 18, 2002, 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 Schedule Public Hearing to Rezone Vacant Land for Bierworth-Reidman Homes
2) 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 to schedule a Public Hearing on Wednesday, February 5th, 2003 at 7:00 PM for the Bierworth-Reidman Homes, Inc., to rezone vacant land, east side of Orchard Park Road, south of Southwestern Boulevard form B-2 to R-3. The Town Board received the Draft Environmental Impact Statement (DEIS) on 10/22/02 and the Public Hearing for the DEIS was held on 12/18/02.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, to complete the Comprehensive Water System Improvements – Part I & II, design work, existing soil conditions need to be known and with preliminary construction alignment completed by the
Town’s consultant, R & D Engineering Inc., test soil boring locations and depths can be determined, and
WHEREAS, with both Comprehensive Water System Improvements Projects requiring test borings, the Town of Orchard Park will directly contract the test boring services for Comprehensive Water System Improvements Part I & II at the same time, and
WHEREAS, in order to keep the project on schedule; test boring work must be completed in January 2003, with the services from two consultants: SJB Services Inc., and Earth Dimensions Inc., which are qualified and capable of completing this work in the necessary time frame, and
WHEREAS, the test boring work for Part I will include 8 boring locations and Part II will include 41 boring locations plus additional expenses for traffic control
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 test boring services for the Comprehensive Water System Improvements Project – Part I in an amount not to exceed $1,856.00 and Part II in an amount not to exceed $6,437.00 as recommended by the Town Engineer.
The resolution was unanimously adopted.
Councilman Jemiolo stated at this time the Town Board will table the Agreement with Parsons for professional services in completing a Town Wide Drainage Study until the next scheduled Town Board meeting on January 15th, 2003.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for a Local Law for the Year 2003, Wednesday, February 5th at 7:00 PM on revisions to the Town Code of Ordinance regarding Ethics.
Councilwoman Ackerman stated that the Ethics Committee has worked very hard for over two years to modify the Ethics Code of the Town, and write this law.
The resolution was unanimously adopted.
5) 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 Highway Superintendent to purchase one (1) new ½ Ton Pick-Up Truck from the New York State Contract List from Joe Basil Chevrolet for a sum not to exceed $16,106.50.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to purchase one (1) new ½ Ton Equipment Trailer from Zappia Enterprises for the sum not to exceed $9,959.00.
The resolution was unanimously adopted.
7) 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 request of a 2002 Public Stable Permit for Ann Pascarella of Chestnut Creek Farm, 5624 Chestnut Ridge Road, as recommended by the Building Inspector.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
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 following budget transfers:
Highway Superintendent: Parks
$ 1,500.00 From: A.7110.0477 Contract Mowing To: A.7110.0475 Gasoline
2,500.00 A.7110.0421 Electric A.7110.0475 Gasoline
Highway Superintendent: Highway
$ 20,000.00 From: DA.5110.0144 Summer Labor To: DA.5142.0144 Winter Labor
7,500.00 DA.5110.0149 P/T Labor DA.5110.0472 Road Material
5,000.00 DA.5130.0200 Equipment DA.5112.0200 Improvement
Police Chief:
$ 1,000.00 From:A.3120.407 Uniform Allowance To:A.3120.400 Office Supplies
Building Inspector:
$ 374.57 From:B.3620.0110 Fire Insp./Code Enf. To:B.3620.0109 Code Enf. Officer
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, Article 5-G of the General Municipal Law authorizes municipal corporations to enter into cooperative agreements for the performance of those functions or activities in which they could engage individually, and
WHEREAS, §119-N of the General Municipal Law defines the term “Municipal Corporation” as including a county, city, town, village, school district and board of cooperative educational services, and
WHEREAS, this Town has determined that it may purchase energy through the use of a marketing firm, individually or through an energy cooperative
NOW, THEREFORE, be it
RESOLVED, that the Town of Orchard Park become a member of and participate in the School and Municipal Energy Cooperative, that Supervisor Toni Cudney be and hereby designated to serve as a Trustee of said Cooperative until September 30, 2004 and that the President of this Board be and hereby is authorized and directed to complete and cause to be filed the Membership Application for the said Cooperative and to execute the Bylaws adopted by the Board of Trustees of said Cooperative to indicate that the Town of Orchard Park will agree to be bound thereby.
The resolution was unanimously adopted.
Councilman Buyer encouraged the residents to attend the Public Hearing that was scheduled this evening for Wednesday, February 5th, 2003 for the Bierworth-Reidman Homes, Inc., proposed apartment complex. Councilman Buyer asked the Planning Board Chair, Hal Fabinsky, who was in the audience, if the Planning Board could submit a recommendation on this project before the Public Hearing.
Councilwoman Ackerman stated that she wanted to publicly announce that she has volunteered to initiate a Comprehensive Town Plan Document consisting of background history and the Town’s future goals and objectives. The committee members are John Bernard, Ron Geitter, Wayne Bieler and Leonard Berkowitz. Councilwoman Ackerman plans to finish this document by June for the residents to review, at a public hearing.
Councilman Jemiolo stated that the Public Safety Committee sent correspondence to finalize the 35 MPH speed limit for the1/10th of a mile section on Angle Road and asked the Highway Superintendent if he could check on this.
Highway Superintendent Geitter wanted to thank all the Departments and the Town Board for their cooperation in making it a smooth productive year for his department. The Highway Superintendent stated that the Town is fortunate to have people of high caliber working for the Town.
10) 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 Town Engineer Wayne Bieler, to attend a seminar at Syracuse University, New York on Computer Models Storm Water Evaluation Workshop on January 23rd and 24th, 2003, at Town expense.
The resolution was unanimously adopted.
11) 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 approval of all entries on Warrant #1 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$121,869.28 |
|
Part Town Fund |
$4,405.62 |
|
Risk Retention |
0 |
|
Highway Fund |
$60,862.30 |
|
Special Districts |
$9,579.82 |
|
Trust & Agency |
$5,704.25 |
|
Capital Fund |
$66,901.35 |
The resolution was unanimously adopted.
Supervisor Cudney introduced Alaina Thiel and Mark Matthews, two government students who have been working in the Supervisor’s office and were present at the meeting.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Kaczor, the meeting was adjourned at 7:45 PM (local time).
Respectfully Submitted,
Town Clerk