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
Dave Holland Asst. Building Inspector
Samuel McCune Chief of Police
Wayne Bieler Town Engineer
Absent: Ronald A. Geitter Superintendent of Highways
Before the Pledge of Allegiance, the Supervisor opened the meeting with a prayer for peace and guidance for America’s Leadership at this time of pending conflict in the world.
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 COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on February 19, 2003 & March 5, 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.
At this time Supervisor Cudney introduced the following Village Board Members: Mayor Patricia Dickman and Village Trustee’s Stephen Bray, John Wilson and Francis Hogenkamp. Village Trustee James Lalley was absent.
JOINT PUBLIC HEARING
TOWN & VILLAGE OF ORCHARD PARK
At 7:00 PM (local time) the Supervisor called for the Joint Public Hearing of the Town & Village of Orchard Park to hear all interested parties for or against the Annexation Petition of vacant land at the north end of North Davis Street owned by Robert G. Bieler, property located at 114 North Davis Street owned by Robyn L. Young, and property located at 96 North Davis Street owned by Nancy Zeilter Malachowski. This petition requests the annexation of these Town properties into the Village.
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 and Village Clerk of the Town of Orchard Park.
At this time Supervisor Cudney asked John Bailey, the Village Attorney, to explain the Annexation of properties from the Town into the Village.
Village Attorney Bailey stated that he wanted to make it known the signatures on the petition are certified, as he was the notary who witnessed them. He stated that those who signed this petition represent 100% of the landowners that would be affected by the annexation, and they represent 50% of the residents of this area. He stated this annexation is in the best overall public interest for the properties are at the end of North Davis Street, which is in the Village. Historically these properties have had some services from the Village and some from the Town. By annexing these properties, it would allow the Village to give full services to the area and not split the services.
Comments from the floor:
Robert G. Bieler, 50 South Shore Drive and owner of the vacant land at the end of North Davis Street: Mr. Bieler stated that he would like to sell the property and has had a problem due to establishing if the Village or the Town would render services. Therefore, he would like to have this annexation take place to consolidate the public services from the Village to his property.
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn stated that under (NYS) Article 9 it says “No local government, or any part of the territory thereof, shall be annexed to another until the people, if any, of the territory proposed to be annexed shall have consented there to by a majority vote on a referendum”. He stated that it is up to the people of the Town and Village to make this decision by a vote, not the Town or Village governments.
Village Attorney Bailey and Town Attorney Berkowitz explained to Mr. Ashburn, that upon research, and upon case law, when the land involved is vacant land, and all the land owners are in agreement, the State of New York Supreme Court has held this special election is not necessary.
Mr. Ashburn stated that he had sought legal counsel to clarify Article 9 to him and the legal counsel stated that a referendum vote is necessary to annex any property. Mr. Ashburn feels that this annexation should not take place until there is further clarification of this statute from the State.
John Brookins, 6714 East Quaker Street: Mr. Brookins read a prepared statement (in file) which stated that there is a piece of property, 33 feet wide & 160 feet long, that has been designated as an “apparent proposed extension of North Davis Street outside the Village line”. Mr. Brookins wanted to make sure that whoever purchased the Bieler parcels would be made responsible for any costs involved in either extending North Davis Street or extending the Village sanitary sewer to the Bieler lot.
Mayor Patricia Dickman, addressing Mr. Bieler, stated that it was her understanding that his three parcels were going to be sold as one lot for one house, therefore an extension of the road would not be necessary, the new property owners would be putting in their own water & sewer lines. Mr. Bieler stated that this was correct and he noted that he had already extended the water & sewer lines.
Mr. Brookins also stated that the 33x160 parcel, established as a proposed extension to North Davis Street, was not included in the original annexation proposal. He wanted to know who was going to maintain that parcel after the annexation.
Village Attorney Bailey stated that the Village has been maintaining that piece of road for over ten years, which gives it prescriptive rights. He stated the Village will continue to maintain that portion of road. Mr. Bailey also stated that this parcel is part of the proposed annexation. Town Attorney Berkowitz concurred.
Supervisor Cudney stated that there is enough in question in her mind, regarding the portion of the road at the end of North Davis Street with the annexation, that she would like to table this resolution this evening until further investigation can be conducted. She further stated that if the board votes this evening, she would vote no, because of the questions about the road portion of the annexation.
Village Trustee Bray stated that in view of the picture of the map, regardless of this question regarding the road, he thinks it is logical and benefits both the Town and the Village to redraw the Town/Village line (to include the road portion in the annexation), regardless of the status of that piece of road. Councilman Jemiolo concurred.
Village Attorney Bailey stated that the road portion is included and it is part of the parcel to be annexed. He stated that the Village has prescriptive rights, therefore it may not make any difference as far as title is concerned.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board of the Town of Orchard Park move to close the Joint Public Hearing with the Village of Orchard Park, in the matter of the Annexation Petition, from Robert G. Bieler, Robyn L. Young and Nancy Zeitler Malachowski, for land located at the end of North Davis Street from the Town into the Village at 7:25 PM (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board of Orchard Park make the following conclusion relative to the Petition of Annexation, dated February 7, 2003 and signed by Robert G. Bieler, Robyn L. Young, and Nancy Zeitler Malachowski for that part of the property referenced therein that is presently located only in the Town of Orchard Park, including the roadway that is bordered by the properties referenced.
1. The signatures of the Petition presented are genuine and are those of people qualified to sign such a Petition under applicable New York State Law.
2. One hundred percent of the landowners affected by the amendment and more than twenty percent of the residents in the area affected by the Annexation have signed the Petition.
3. The proposed Annexation is in the overall public interest in that it allows the Village of Orchard Park to provide water, sewer, and general public service to all of the properties involved.
4. The Town of Orchard Park does hereby approve the requested Annexation to the Village of Orchard Park.
Supervisor Cudney stated that the Town Board has the practice that if someone is uncomfortable with voting on something, they can table it. She would prefer to table this resolution, or she will vote against it, but stated she would take the advice of the rest of the Board. She wants to be certain this portion of road is included with the annexation.
Councilman Kaczor stated he feels comfortable as far as the comments made by our legal counsel, as well as the Village’s legal counsel. He stated the Town Board should proceed with the vote.
Councilman Buyer stated from the Town’s perspective, the concern is will the Village continue to take care of the road and relieve the Town from future responsibility.
Supervisor Cudney stated that if the metes and bounds for the roadway are not included in the original request and Public Hearing notice, they should be, so that in the future it won’t become an issue regarding the annexation.
Once again Town Attorney Berkowitz stated that the roadway is in the metes and bounds, and this portion of roadway has been maintained by the Village for years, thereby giving them prescriptive rights.
The question of the adoption of the foregoing resolution was duly put to a roll call vote:
Supervisor Toni Cudney Nay
Councilman David Buyer Aye
Councilwoman Nan Ackerman Aye
Councilman Stanley Jemiolo Aye
Councilman David Kaczor Aye
The resolution was duly adopted.
Supervisor Toni Cudney turned the Chair over to Village Mayor Patricia Dickman
4) THE FOLLOWING RESOLUTION WAS OFFERED BY VILLAGE TRUSTEE BRAY, WHO MOVED ITS ADOPTION, SECONDED BY VILLAGE TRUSTEE WILSON, TO WIT:
RESOLVED, that the Village Board of Orchard Park hereby make the following conclusions relative to the Petition of Annexation dated February 7, 2003 and signed by Robert G. Bieler, Robyn L. Young, and Nancy Zeitler Malachowski for that part of the property referenced therein that is presently located only in the Town of Orchard Park.
1. The signatures of the Petition presented are genuine and are those of people qualified to sign such a Petition under applicable New York State Law.
2. One hundred percent of the landowners affected by the amendment and more than twenty percent of the residents in the area affected by the Annexation have signed the Petition.
3. The proposed Annexation is in the overall public interest in that it allows the Village of Orchard Park to provide water, sewer, and general public service to all of the properties involved.
4. The Village of Orchard Park does hereby approve the requested Annexation to the Village of Orchard Park.
5. The road that is bordered by the properties is also included in the Annexation, and the Village will be responsible for maintaining it.
6. That the three Bieler parcels will be considered as one parcel and it will be understood that North Davis Street will not be extended.
The resolution was duly adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY VILLAGE TRUSTEE BRAY, WHO MOVED ITS ADOPTION, SECONDED BY VILLAGE TRUSTEE HOGENKAMP, TO WIT:
RESOLVED, that the Village Board of Orchard Park does move to close the Village portion of this Joint Public Hearing with the Town of Orchard Park, in the matter of the Annexation Petition, from Robert G. Bieler, Robyn L. Young and Nancy Zeitler Malachowski, at 7:31 PM (local time).
The resolution was unanimously adopted.
PUBLIC HEARING
At 7:32 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 calls for a Moratorium on development along the east and west side of North Buffalo Street, from the north Village boundary line to Southwestern Boulevard, for a depth of the commercial/business zone for a period of six (6) months, during which the guidelines and regulations of the Architectural Overlay District will be established and adopted by the Town.
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.
Comments from the floor:
John Brennan, 59 Thorn Avenue & President of the Orchard Park Chamber of Commerce: Mr. Brennan had the following questions and concerns:
§ clarification on the area covered by the proposed Moratorium;
§ if this moratorium will halt all internal work of a business?
§ will it stop all exterior work on a building?
§ is it a foregone conclusion that there will be a moratorium and that there will be a design architectural overlay?
§ are there people who have already submitted plans for changes that will be affected by this and if so would they be suspended or grand-fathered in?
§ if this moratorium is necessary as the Overlay Committee has stated that they may complete their work in 4 to 8 weeks time?
§ if there was a seat for another member on the Overlay Committee, as there is no merchant from the affected area on the committee?
Mr. Brennan stated that he is not personally convinced that a moratorium is necessary. He also stated anytime there are policies, overlays, or rules of engagement, they become confining. Mr. Brennan stated that if an overlay district is developed it should have a loose framework as opposed to a very specific framework. He further stated that the businesses affected by this proposed moratorium have already been negatively impacted by the road reconstruction for the past two years and he would only hope that there aren’t anymore obstacles that would constrain their ability to expand or enhance their businesses and help their recovery.
Members of the Town Board and Attorney Berkowitz stated that this is a Public Hearing to hear the views of the residents and businesses of Orchard Park. It is important to understand the needs of the people who will be affected by this moratorium so that the Town Board can craft the resolution, if it is indeed deemed necessary, so that it will benefit the people affected. It is not the Town Board’s intention to in anyway impede or obstruct the businesses that have already suffered by the two-year road reconstruction. It is the Town Board’s intention to help improve the quality of the area by establishing standards and guidelines that will make it a quality area that will support the already established small businesses in the Town and will attract more business and customers.
Sandy Galligan, 3842 North Buffalo Street: Ms. Galligan wanted to know if she would be able to do repairs to her house and garage during the proposed moratorium. She feels guidelines are necessary, but also feels people should be able to improve their property.
Larry Fineberg, a representative from Benderson Development Co., 570 Delaware Avenue: Mr. Fineberg stated Benderson Development is a large landowner in Orchard Park and the imposition of a moratorium is of great concern. He mentioned a moratorium would jeopardize developments that are currently in the planning stage right now, developments that would significantly enhance the community. He stated first and foremost is the Tops/Steinmart Plaza, which is a work in progress, with Lowes as a potential business to locate in this plaza. Mr. Fineberg requested that the Tops/Steinmart Plaza be exempt if a moratorium is put in place. He stated that it would be more desirable not to have the moratorium put in place, as they have other properties along Orchard Park Road/North Buffalo Street that are currently being developed. Mr. Fineberg stated that there are less extreme solutions available to accomplish what the Town wants to do.
Don Cheney of Fix, Bendelman, Brovitz & Goldman, 2 State Street, Rochester, NY on behalf of Lowes Companies: Mr. Cheney said the Town Board has answered their major concerns but, Lowes stands ready to start the application process to build where the K-Mart building is currently situated. He too stated he would like to see that property exempt if a moratorium is put into place.
Richard Stedman, on behalf of his wife Irene Saville Stedman, 3910 North Buffalo Street: Mr. Stedman wanted to know if this moratorium was going to have a sunset provision, which he feels is important. His wife’s corporation has 50 contiguous acres included in this proposed area, and this moratorium will hamper their plans for development of the property. He feels that if an exemption is made for the Benderson property, it should be made for the Saville property as well. Mr. Stedman stated that the people who are going to be affected by the “Overlay District” need to be involved with the planning since they will have to implement what is put into place.
Alan Yox, 66 Green Lake Drive, business at 3555 North Buffalo Street: Mr. Yox stated that he is not in favor of the Moratorium and believes property owners should be able to do what they want to do on their own property. Mr. Yox wanted to know if the residents would be allowed to vote on this issue.
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn stated that the Quaker symbol/style is the one adopted by the Town. Mr. Ashburn stated that he is opposed to the moratorium in the sense that it is more government control.
Joyce Bartholomew, 3786 North Buffalo Street: Ms. Bartholomew stated she liked the idea of an overlay district but does not feel a moratorium is necessary.
Nick Taneff, 279 Summit Avenue: Mr. Taneff has concerns about traffic being able to get into Orchard Park through North Buffalo Road if the proposed apartment complex on Orchard Park Road is approved.
Ed Martindale, 190 Lawrence Place: Mr. Martindale does not see any need for a moratorium for a short period of time. As far as the Architectural Review board, he feels that may be a dangerous area to move into since the interpretations of the established regulations will be subject to the people on the board, which may change. He feels the result would be personal opinions, regardless of how strong the regulations are.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing in the matter of a Moratorium on development along the east and west side of North Buffalo Street, from the north Village boundary line to Southwestern Boulevard, for a depth of the commercial/business zone for a period of six (6) months, during which the guidelines and regulations of the Architectural Overlay District will be established, is hereby closed at 8: 15 PM (local time).
The resolution was unanimously adopted.
Supervisor Cudney stated that the Town Board is not going to vote on this resolution this evening.
Old Business #1 Approve PIP #2003-01 for the Hilltowne Subdivision
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Engineering Department has received from Fischione Construction Co. Inc., 2151 Transit Rd., Elma, New York, an application for a Public Improvement Permit to construct the Hilltowne Park Subdivision, and
WHEREAS, the project consists of the installation of 2800 L.F. of roadway and public utilities to serve thirty-five (35) new sub lots, and
WHEREAS, the Town Engineer has reviewed the plans and specifications for the proposed project and has found them to be in compliance with current Town specifications and we are in receipt of all necessary fees, bonds and insurance
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve of Public Improvement Permit #2003-01 for the Hilltowne Park Subdivision, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #2 Town Board to accept FEIS for Bierworth-Reidman Homes
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Town Board has received the Final Environmental Impact Statement from Bierworth-Reidman Homes for the construction of apartments on east side of Orchard Park Road on January 22nd, 2003
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby accept the Final Environmental Impact Statement from Bierworth-Reidman.
Councilman Jemiolo stated that the Town Board plans to make their findings at the first meeting in April, and then they plan to make a determination at the first meeting in May.
The resolution was unanimously adopted.
Old Business #3 Delia Car Company, 3518 Southwestern Blvd., Request for SEQR Determination
9) 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 declare the Delia Car Company’s purchase of a portion of the NYSDOT’s right-of-way, adjacent to the site, a Type II Action with a negative declaration.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, on January 15, 2003 the Erie County Department of Personnel established the eligibility list for the Assistant Civil Engineer Position based on the results of a competitive civil service exam held on November 16, 2002, and
WHEREAS, Michael Wilson of the Orchard Park Engineering Department ranked 3rd among the candidates on the list, and
WHEREAS, since June 1, 2002 with the retirement of the former Town Engineer, Michael Wilson has worked assisting in the management and completion of various projects in the department, has accepted the challenge of the added duties and responsibilities with enthusiasm and has performed his assignments with diligence and effectiveness, and
WHEREAS, Michael Wilson has proven to be a dedicated and dependable employee throughout his twenty-eight years of service with the Town of Orchard Park
RESOLVED, that the Town Board does hereby approve the change in the civil service classification for Mr. Michael T. Wilson, 7264 Cole Road, Colden, NY to a provisional appointment as Assistant Civil Engineer in the Orchard Park Engineering Department, Non-Union Pay Scale, Range 925, effective Payroll #6, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Agreement with URS Corporation for designing Baker Reconstruction Project
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the consultant selection process for the Baker Road Highway and Bridge Reconstruction Design has been completed, and the selection was based on the qualifications demonstrated in the written and oral presentations, and
WHEREAS, the committee selected URS Corporation to be the consultants, and the Town Engineer has met with representatives of that company to review contract language, refine the scope of services, negotiate an appropriate fee structure and work out optional service elements, and
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with URS Corporation, 282 Delaware Ave., Buffalo NY 14202 to provide engineering services for the Baker Road Highway and Bridge Reconstruction Project in an amount not to exceed $300,000.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Eighteenmile Creek Streambank Stabilization Partnership Program
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Erie County Soil & Water Conservation District is interested in preserving and improving the water quality in priority watersheds in Erie County, and
WHEREAS, the Eighteenmile Creek Watershed is listed in the New York State Priority Waterbodies List and is considered a high priority watershed in the Erie County Water Quality Strategy, and
WHEREAS, fish propagation and survival has been identified as a primary use impairment in the Eighteenmile Creek Watershed and the primary source of pollution in the watershed has been identified as streambank erosion, and
WHEREAS, The District has identified reaches of streambank in need of stabilization through a visual inspection of the main branches of Eighteenmile Creek and its major tributaries, and
WHEREAS, the County of Erie and eight municipalities in the Eighteenmile Creek Watershed, including the Town of Orchard Park, have been identified by the District as potential partners to support the District’s efforts to install Best Management Practices (BMPs) to stabilize the streambanks and improve aquatic habitat, and
WHEREAS, The District will apply for funds through the Non-Ag Nonpoint Source Pollution and Abatement Control Grant Program to supplement local resources for their purpose of installing BMPs to stabilize the streambanks and improve aquatic habitat
NOW, THEREFORE, be it
RESOLVED, that the Town of Orchard Park commits $10,000 to join the Eighteenmile Creek Streambank Stabilization Partnership Program and support the Erie County Soil & Water Conservation District’s application for Non-Ag Nonpoint Source Abatement and Control Program of the NYS Environmental Protection Fund and/or Environmental Bond Act, and be it further
RESOLVED, that such funds may take the form of cash or in-kind contributions as outlined in the Eighteenmile Creek Partnership Program, and be it further
RESOLVED, that a copy of this resolution be submitted to the Erie County Soil & Water Conservation District prior to March 21, 2003 to be included as part of the application process, and be it further
RESOLVED, that this resolution take effect immediately and that a certified copy of this resolution be transmitted to: Cally Miklasz, Erie County Soil & Water Conservation District, 50 Commerce Way, East Aurora, New York 14052.
Supervisor Cudney stated that with this resolution, the Town agrees to enter a partnership with all the other towns that are along the Eighteenmile Creek watershed for the purpose of applying for Federal Funding to assist land owners with stream bank stabilization if they have serious problems with erosion. The Partnership allows the owner to pay 25% of the cost, the Town would pay 25% and the grant funding would pay the remaining 50% of the costs. She stated this would only happen if the grant funding becomes available.
The resolution was unanimously adopted.
New Business #4 Town Board to Adopt a Resolution for Home Rule request to the NYS Legislature
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, notwithstanding any other provision of law, Nancy Janish, an employee of the Town of Orchard Park, shall be eligible to receive service credit in the New York State and local employees’ retirement system for the period of February 3, 1995 to October 4, 1995 during which period she was disabled due to a medical condition and was absent from her employment and receiving workers’ compensation payments, and
WHEREAS, the costs attributable to the past services operation shall be borne by the Town of Orchard Park
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Home Rule request to the New York State Legislature.
The resolution was unanimously adopted.
New Business #5 Appointment to Fill the Vacancy on the Recreation Commission
14) 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 appoint Susan LaBruno Kryszak, 3160 Angle Road, Orchard Park to the vacancy on the Recreation Commission for the unexpired term ending 12/31/03.
The resolution was unanimously adopted.
New Business #6 Appointment to Fill the Vacancy on the Public Safety Committee
15) 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 appoint Margaret J. Stebick, 124 South Lincoln Avenue, in the Town of Orchard Park to the vacancy on the Public Safety Committee.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney announced that the Erie Community College Board of Trustees have provided us with a copy of the Draft Scoping Document for the ECC Facilities Master Plan Generic Environmental Impact Statement and it is in the Town Clerk’s office. The plans they are looking at have three alternatives, one of which could have a great impact on Orchard Park as they are considering the consolidation of all the campuses into one large campus in downtown Buffalo. She questioned if they do close the ECC south campus, what will happen to that property? Supervisor Cudney stated that it is important for the public to get involved, and she hopes that our Planning Board will be involved as well. She added that public comment would be accepted until April 7, 2003.
Councilman Buyer stated that the Town Board has received a letter from Joseph F. Gervace, who is Director of Purchase for the County of Erie, and he is attempting to establish a countywide purchasing cooperative. He has invited Town, Village, and School District Members to participate in a meeting. Councilman Buyer said he thought this would be a good idea and he and Councilman Kaczor will be attending this meeting in April.
Town Clerk Colarusso stated that the Building Inspector handed her the Monthly Building Report and Building Permits for February yesterday afternoon. She stated she would like to have them added to the agenda under reports.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #6 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$64,086.25 |
|
Part Town Fund |
$525.46 |
|
Risk Retention |
$3,080.58 |
|
Highway Fund |
$34,860.33 |
|
Special Districts |
$133,833.08 |
|
Trust & Agency |
$523.20 |
|
Capital Fund |
$1,260.64 |
The resolution was unanimously adopted.
17) 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: Legislature of Erie County Clerk’s Office; notification of the eight-year review requirement of the Elma Agricultural District, which was created in 1979, needs to be re-certified. A resolution has been adopted to direct the Clerk to refer the Elma Agricultural District to the Erie county Department of Environment and Planning and the Agricultural and Farmland Protection Board for a report and recommendation.
The resolution was unanimously adopted.
18) 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 Reports: Town Attorney’s Summary of Presentation at the 2003 Association of Towns Meeting, and Town Engineer’s Report on the 2003 Association of Towns Meeting.
The resolution was unanimously adopted.
Eric Matwijow, 4155 Abbott Road: Mr. Matwijow wanted to know if there has been any progress with establishing new guidelines regarding sanitary facilities at the places that charge for parking during the Stadium events. Supervisor Cudney stated that this topic is scheduled for a work session, and they will get back to Mr. Matwijow.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 8:39 PM (local time).
Respectfully Submitted,
Town Clerk