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 7th day of May 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
David Holland Asst. Building Inspector
Ronald A. Geitter Superintendent of Highway
Wayne Bieler Town Engineer
ABSENT: Samuel McCune Chief of Police
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 COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on April 16, 2003 & April 23, 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 People Inc., Request to Rezone vacant land Southwestern Blvd., east of Hazel Ct.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for Wednesday, June 4, 2003 at 7:00 PM, for People Inc., for vacant land, south side of Southwestern Boulevard, east of Hazel Court, Zoned R-3, requesting rezoning from R-3 to S-R in order to construct a senior housing facility, and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish due notice thereof.
The resolution was unanimously adopted.
3) 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 Supervisor to sign an agreement with Fleet Bank of Orchard Park to supply equipment and services for the Town of Orchard Park Recreation Department to accept credit card payment for recreation fees.
Supervisor Cudney stated that this is a two-year agreement with Fleet Bank.
The resolution was unanimously adopted.
New Business #2 Authorize Erie County Dept. of Emergency Services to prepare/submit Draft All-Hazard Mitigation Plan
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, funds have been received from the New York State Emergency Management Office through the Federal Government to write an All Hazard Mitigation Plan for each of the 44 communities of Erie County, and
WHEREAS, these funds received by Erie County will be used to assist in preparing a County-Wide All Hazard Mitigation Plan, and
WHEREAS, this plan must be completed by November 2004 by all 44 municipalities, in order to comply with the Federal mandate, in order to be eligible for FEMA funding after a federal disaster declaration
NOW, THEREFORE, be it
RESOLVED, that the Town of Orchard Park Town Board, on behalf of the Department of Emergency Services, is hereby authorized to complete the All-Hazard Mitigation Plan, and be it further
RESOLVED, that funds that Erie County has received will be utilized to complete the All-Hazard Mitigation Plan to meet the Federal Mandate of November 2004, and be it further
RESOLVED, that the Town of Orchard Park Town Board does hereby authorizes the Erie County Department of Emergency Services to submit this draft plan on our behalf to meet the Federal Mandate of submission by November 1, 2004, and be it further
RESOLVED, that copies of this resolution be submitted to the Erie County Department of Emergency Services to be included in the draft All-Hazard Mitigation Plan that will be submitted to the New York State Emergency Management Office for approval.
The resolution was unanimously adopted.
New Business #3 Authorize resolution for Equitable & Dedicated Share of NYS Wireless Surcharge
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, in 2002 estimates of revenues generated by the State Wireless Service Surcharge projected approximately $60 million, and
WHEREAS, in 2002-03 New York State will distribute $20 million from the State Wireless Service Surcharge which is 33% of the total surcharge collected annually, and
WHEREAS, that amount will be reduced to $10 million for state fiscal years 2003-04 and 2004-05, and
WHEREAS, the current legislation only authorizes distribution of these funds through 2005, and
WHEREAS, in 2002 New York State raised the wireless service surcharge to $1.20 on all wireless telephones with the intent of improving public safety communications throughout New York State, and
WHEREAS, this increases will result in a 70% increase in wireless surcharge revenues amounting to over $100 million annually
NOW, THEREFORE, be it
RESOLVED, that the ten Western New York counties (Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans and Wyoming) that comprises the Western Region Public Safety Communications Alliance and their cities, towns and villages included therein, call upon New York State and our representatives to support maintaining the 2002 distribution percentage of 33% of the total surcharge collected, and be it further
RESOLVED, that the Town of Orchard Park calls on New York State and government representatives to make permanent the 33% of the wireless surcharge received being returned to local governments to offset costs associated with upgrading, operating and maintaining wireless public safety answering points and dispatching of public safety providers in response to wireless 911 calls, and be it further
RESOLVED, that the Town of Orchard Park shall forward copies of this resolution to Governor George E. Pataki, the New York State Legislature and all others deemed necessary and proper, and be it further
RESOLVED, the Town Board does amend this resolution to state that the money be used exclusively for 911 and no other purposes.
The resolution was unanimously adopted.
New Business #4 Authorize Supervisor to sign contract with Marquis Engineering
6) 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 Supervisor to sign the contract with Marquis Engineering, 6556 East Quaker Street, Orchard Park NY, to perform the design, construction management and inspection for the McFarland Green Brick Walkway Project.
Councilman Jemiolo stated that he did not think this was a very wise way to spend taxpayer money. He does not support any use of Town funds on this project, and none will be used. The Supervisor’s Millennium Committee needs an agency to funnel the grant through from Assemblyman Higgins. Spending $50,000.00 on a brick walkway in these tying economic times is not a good idea, but if Assemblyman Higgins and the Supervisor want to spend his member money that way, he would vote to use the Town as the agency in which to funnel the money for this project.
The resolution was unanimously adopted.
New Business #5 & 6 Approve 2003 Public Stable Permits
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 approve the 2003 Public Stable Permits for Sandy Brook Farm & Stable, 6265 Powers Road and Willow Glen Stables, 7895 East Quaker Road, as recommend by the Building Inspector.
The resolution was unanimously adopted.
New Business #7 Public Safety Committee recommendation for “Deaf Child” sign on Auckland Ave
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, upon recommendation of the Traffic Safety Committee and pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York
ORDERED, that the Town Board does hereby post a “Deaf Child” sign on Auckland Avenue, 30 feet from the intersection and after the speed limit sign, yellow in color with black letters
And it is further
ORDERED, that the Orchard Park Highway Superintendent is hereby directed to post the proper and necessary sign indicating the parking restriction as set forth above.
The resolution was unanimously adopted.
New Business #8 Appointment of Summer Staff to the Sewer and Water Department
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Jason Franklin, who has worked for the Sewer & Water Department as a seasonal employee last summer has applied for the job again this year, and
WHEREAS, Jason is an excellent worker and the Engineering Department would like to have him back again
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the appointment of Jason Franklin, 5170 South Freeman Road in the Town of Orchard Park to a seasonal position in the Sewer & Water Department for a fourteen-week period beginning May 12, 2003 at a wage rate of $7.00 per hour.
The resolution was unanimously adopted.
New Business #9 Windom Elementary School request to use Green Lake/Yates Park 5/30/03
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from Elementary Teacher Jeanne Lovering from Windom Elementary School, 3870 Sheldon Road, to use Yates Park/Green Lake for her class of seventeen second graders for a picnic June 9th, 2003 from 11:30 AM until 12:30 PM.
The resolution was unanimously adopted.
New Business #10 Town Board to declare 1992 Ford Taurus as surplus & authorize sale at auction
11) 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 declare 1992 Ford Taurus as surplus and does authorize the sale at auction or salvage.
The resolution was unanimously adopted.
New Business #11 Authorize the reactivation of the Trails Task Force and appoint members
12) 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 appoint the following to the Town of Orchard Park Trails Task Force:
§ Robert Rucker, 25 Timerlake Drive
§ Anne Bergantz, 320 Stonehenge Drive – Liaison to the Conservation Board
§ Audrey Ramage, 15 Daisy Lane – Liaison to the Recreation Commission
§ Michael Moore, 73 Middlebury Road
§ Edward Rider, 3915 North Buffalo Road
§ Lyle Toohey, 1 Smokes Creek Road
§ Stanley Polonski, 6451 Milestrip Road
§ Bill E. Fulton, 401 Vistula Avenue
§ Wayne Bieler, 7245 Gartman Road – Town Engineer
§ Ronald Geitter, 6510 Chestnut Ridge Road – Superintendent of Highways
§ Carolyn Coppola, 127 Middlebury Road
Supervisor Cudney stated that the Planning Board Chairman would be designating a Planning Board Liaison. She also stated a Trails Task Force Organizational Meeting will be held, May 12, 2003.
The resolution was unanimously adopted.
New Business #12 Designate Frank Newton to the EC Environmental Management Council
13) 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 re-designate Mr. Frank Newton, 6463 Bunting Road, Orchard Park New York, to the Erie County Environmental Management Council (ECEMC), for a two-year term, to expire May 31, 2005.
Councilwoman Ackerman stated that Mr. Newton has served on the Conservation Board since its inception and has been diligent on the ECEMC. Supervisor Cudney thanked him for his service on the Conservation Board and continuing to serve on the ECEMC.
The resolution was unanimously adopted.
New Business #13 Authorize the OP Little League to hold Opening Day Parade 5/17/03
THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
14) RESOLVED, that the Town Board does hereby authorize the Orchard Park Little League to hold their Annual Opening Day Parade on Saturday, May 17, 2003 at noon, with a rain date of May 18th.
Councilman Buyer stated that the starting point of the Parade has changed from the Orchard Park Middle School to the South Davis Elementary School.
The resolution was unanimously adopted.
New Business #14 Authorize Supervisor to sign Concession Stand Agreement with OP Little League
THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
15) RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with the Orchard Park Little League, for the use of Brush Mountain Park Concession Stand/Restroom Facility.
The resolution was unanimously adopted.
New Business #15 Adopt fees, Policies of Operation & Rules & Regulations for the Compost Site
THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
16) RESOLVED, that the Town Board does hereby adopt the following Fees, Policies of Operation and Rules and Regulations for the Town of Orchard Park Composting Site, located at 6909 Milestrip Road:
REGISTRATION:
1. All contractors must register annually to utilize compost site.
2. Register at the Orchard Park Town Clerk’s office as follows: $35.00 per contractor and one vehicle, and $5.00 each for additional vehicles including trailers.
3. $10.00 stays with the Town Clerk to cover her cost and the balance going into the compost site operation cost.
4. Each vehicle will receive a numbered 1 ½ in. x 3 in. sticker. The number sequence or color of the sticker will change annually. The contractor will also receive a copy of the compost site rules and regulations.
5. To register, contractors will need:
§ to verify name and address
§ to provide a copy of each vehicle’s registration.
TIPPING FEES:
1. Residents dump free if they personally bring tree waste to the site (volumes may be restricted) and prove their residency.
2. Contractors:
§ must pay as per rate set annually
§ must register annually at the Town Clerk’s Office.
§ are not allowed to transport tree waste for residents resulting in a claim for free dumping
§ may be refused dumping privileges for violating compost site rules
§ who are land clearing will not, for the most part, be allowed to dump. If the material brought in will benefit the facility the site manager has the right to negotiate and they will need to register.
§ are required to purchase payment tickets at the Town Clerk’s office. Tickets will be sold in books of ten (10) $1.00 tickets or books of ten (10) $5.00 tickets.
§ may pay at the compost site with a check.
3. Rates:
§ 0-3 yards $10.00
§ 4-6 yards $20.00
§ 7-9 yards $30.00
§ 3 yard increments at $10.00 per every three yards
PRICE FOR PRODUCT:
1. Residents will be charged for product.
2. Mulch: Minimum charge of $1.00 for up to a 30-gallon garbage can or $10.00 per yard. Contractors will be charged $10.00 per yard.
Site manager may negotiate a better rate on large volumes (100 yards or more).
3. Compost: Minimum charge of $1.00 and $5.00 per yard (check or tickets). No charge for loading. Volume loading will be done by appointment.
4. Firewood: Mixed firewood will be stacked and un-split as one face cord 4 ft. x 8 ft. x 16-20 in. to be sold for $20.00.
5. Unprocessed wood chips: Unprocessed wood chips will be available to residents at no charge.
Councilwoman Ackerman stated that the Compost Site Dedication would be on Saturday, May 10, 2003 at 6909 Milestrip Road at 12:00 PM, which is open to the public. The Town is offering free mulch and compost on Saturday for the residents and the Highway Superintendent will be grilling hot dogs.
The resolution was unanimously adopted.
New Business #16 Authorize purchase of One (1) New Gehl Loader for the Town Compost Facility
17) 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 purchase of One (1) New Gehl Loader, Model 6635 DTX, with sweeping attachment, per New York State Contract Item #3, for a total cost of $24,294.00, for the Town Compost Facility.
The resolution was unanimously adopted.
New Business #17 Refer to the Planning Board
18) 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 refer to the Planning Board the request from Bryant & Stratton College, Sterling Park, requesting a building permit to construct a one story, 32,000 square foot office and educational building on 5.62 acres. The site is located in the southwest portion of Sterling Park, adjacent to the Route 219 on-ramp and Milestrip Road.
Supervisor Toni Cudney Aye
Councilman Dave Buyer Abstained
Councilwoman Nancy Ackerman Aye
Councilman Stanley Jemiolo, Jr. Aye
Councilman David Kaczor Aye
The resolution was duly adopted.
New Business #18 Refer to the Conservation Board
19) 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 refer to the Conservation Board the application from William & Cheryl Lewis requesting a Conservation Easement for 31.30 acres of vacant land on Newton Road.
The resolution was unanimously adopted.
New Business #19 Refer to the Planning Board & Conservation Board
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby refer to the Planning Board and the Conservation Board the request from Liberty Wood & Construction, Inc., 3300 N. Benzing Road for a building permit to expand their facility with a 40’ x 74’ addition.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney recognized the new Town Assessor in the audience, Linda Yancey, and thanked her and her staff, Joy Tripp, Joan Humphrey, Beverly Hammersmith and Sally Wales for their hard work in making sure the tax roll was filed by the May 1, 2003 deadline. Supervisor Cudney stated that there would be a Public Hearing regarding Dog License Fees on May 21, 2003 at 7:00 PM. Supervisor Cudney thanked everyone for participating on “Earth Day”. Supervisor Cudney stated that the Town would be holding a Public Auction on May 10, 2003 at 10:00 AM at the Municipal Building for surplus items.
Councilman Buyer stated that the Town Board received a report from the Town Engineer concerning the drainage issue of Mr. Sullivan’s property on Southwestern Boulevard, which seems to be resolved.
Councilwoman Ackerman stated that there would be an Electronics and Air Conditioner Recycling Day on Saturday, May 17, 2003 from 9:00 AM to 2:00 PM at Erie County Community College North Campus in the town of Williamsville.
Councilman Jemiolo stated he was disappointed by the public criticism of the Town advisory Boards. He stated he supports all the board members and is thankful for the time and effort put forth by them. Councilman Jemiolo stated that the Recreation Commission is aware of the need for more areas for sports and is always looking to acquire land if possible. Councilman Jemiolo stated everything possible will be done to guarantee that our residents have what they need regarding recreation, specifically the soccer club. He is grateful for all the volunteers connected with the recreation programs.
Councilman Kaczor stated 485b Enhancement Program for Orchard Park has been put on hold by the Erie County Industrial Development Agency. Councilman Kaczor and Supervisor Cudney have been invited to a meeting held by the ECIDA on May 21, 2003.
The Highway Superintendent and the Town Engineer both thanked the Town Boards and Committees for their exemplary work now and in the past.
The resolution was unanimously adopted.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board of the Town of Orchard Park (herein called “Town Board “ and “Town,” respectively), in the Country of Erie, New York, has received a signed and dated petition, pursuant to Section 191 of the Town Law, for the establishment of Extension No. 3 to Water District No. 17 (the “Extension” and “District,” respectively), which petition was signed by the owners of taxable real property situate in the proposed Extension, owning in the aggregate at least one-half of the assessed valuation of all the taxable real property of the proposed Extension, owned by the resident owners according to the latest completed assessment roll; and
WHEREAS, said petition purported to describe the boundaries of the proposed Extension in a manner sufficient to identify the lands included therein as in a deed of conveyance and was signed by the petitioners and acknowledged or proved in the same manner as a deed to be recorded; and
WHEREAS, a map, plan and report, has been prepared by Michael R. Merritt, P.E., Town Engineer of the Town of Orchard Park, competent engineers duly licensed by the State of New York, for the proposed establishment of said Extension, in the Town of Orchard Park, in the County of Erie, New York, and the construction of a water system therein, consisting of approximately 2,300 linear feet of 8-inch water main,
hydrants, creek crossings, manholes, land or rights in land, original equipment, machinery, furnishings, valves, fill, fittings, connections, appurtenances and related site work (the “Water Improvement”), which map, plan and report have been duly filed in the office of the Town Clerk of the Town for public inspection; and
WHEREAS, the Town Board has given due consideration to the impact that the Extension may have on the environment and on the basis of such consideration to the impact the Extension may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused by such District; and
WHEREAS, Pursuant to Section 194 of the Town Law, application has been duly made to the Department of Audit an Control for permission to establish Extension No. 3 to Water District No. 17, and same was approved by the New York State Comptroller as of the 27th day of March, 2003, in accordance with the description contained in a resolution of July 3, 2002, and at a cost not to exceed $130,000.
WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, a duly processed negative declaration and/or other applicable documentation had been filed in the office of the Town Clerk; and
WHEREAS, the maximum amount proposed to be expended for the construction of such Water Improvement had been estimated to be $130,000, and the plan of financing includes the issuance of $130,000 serial bonds of the Town to finance said cost and the assessment, levy and collection of special assessments from the several lots and parcels of land within the Extension, in the same manner and at the same time as other Town charges, except as otherwise provided by law, to pay the principal of and interest on said bonds as the same shall become due and payable.
NOW, THEREFORE, be it
ORDERED, that the establishment of the Extension to the District is hereby approved as set forth herein, and the Extension shall be designated and known as Extension No. 3 to Water District No. 17, in the Town of Orchard Park, situate wholly outside of any incorporated village or city, and bounded and described as follows:
All that tract or parcel of land situated in the Town of Orchard Park, County of Erie, State of New York and also being located in Lot 25, Township 9, Range 7 of the Holland Land Company Survey and more particularly described as follows.
Beginning at a point in the center line of Seufert Road at it’s intersection with the east line of Great Lot 25, said line also being the west line of Water District 17, and said line also being the east line of Tax Parcel # 197.00-3-49.
Thence northerly from the point of beginning along the east line of Tax Parcel # 197.00-3-49 a record distance of 1980.00 feet to the northeast corner of said parcel. Thence westerly along the north line of said Parcel a record distance of 1362.90 feet to the northwest corner of said parcel. Thence southerly along the west line of said parcel a record distance of 1069.20 feet to the northwest corner of Tax Parcel # 197.00-3-52. Thence continuing southerly along the west line of said Parcel 52 a record distance of 581.50 feet to the northeast corner of Tax Parcel # 197.003-78. Thence westerly along the north lines of Tax Parcel #’s 197.00-3-78, 197.00-3-77 and 197.00-3-76 a record distance of 518.44 feet to the northwest corner of Parcel 76. Thence northwesterly along the north line of Tax Parcel # 197.00-3-75 a record distance of 180.00 feet to the northwest corner of said Parcel 75. Thence southwesterly along the west line of said Parcel 75 a record distance of 264.00 feet to the centerline of Seufert Road. Thence northwesterly along the centerline of said Seufert Road a record distance of 120.93 feet to an angle point in said road. Thence continuing westerly along said centerline in a record distance of 215.82 feet to an angle point in said road. Thence continuing southwesterly along said centerline a record distance of 159.06 feet to an angle point in said road. Thence continuing southwesterly along said center line a record distance of 198.66 feet to a point, said point being the center line intersection with the center line of Abbott Road and Bunting Road. Thence continuing southeasterly along the center line of Abbott Road an approximate distance of 1030.00 feet to said center line’s intersection with the south line of Tax Parcel # 197.00-3-79.12. Thence easterly along the south lines of Tax Parcel #’s 197.00-3-79.12, 197.00-3-79.11 and 197.00-4-2.1 a record distance of 2395.47 feet to the southeast corner of Tax Parcel # 197.00-4-2, said corner also being on the east line of Great Lot 25 and the west line of Water District 17. Thence northerly along said east line of Lot 25 and said Water District 17 west line and through a portion of Tax Parcel # 197.00-4-2.2 to the center line of Seufert Road and the point and place of beginning.
Said legal description intending to describe the boundary of proposed Water District 17-3.
And be it further
ORDERED, that within ten (10) days after adoption of this Order, the Town Clerk shall record with the Clerk of the County of Erie and file with the Department of Audit and Control in Albany, New York, copies of this Order, certified by said Town Clerk.
The resolution was unanimously adopted.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
BOND RESOLUTION OF THE TOWN OF ORCHARD PARK, NEW YORK, ADOPTED MAY 7, 2003, APPROPRIATING $130,000 FOR THE ESTABLISHMENT OF EXTENSION NO. 3 TO WATER DISTRICT NO. 17, IN THE TOWN, AND THE CONSTRUCTION OF IMPROVEMENTS THEREIN, AND AUTHORIZING THE ISSUANCE OF $130,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION.
WHEREAS, following preparation of a general map, plan and report relating to proposed establishment of Extension No. 3 to Water District No. 17 (the “Extension” and “District,” respectively), which map, plan and report have been duly filed in the office of the Town Clerk of the Town for public inspection, and after a public hearing duly called and held, and the Town Board of the Town determined, pursuant to the resolution duly adopted on July 3, 2002, that the notice of such hearing was published and posted as required by law and is otherwise sufficient, that all property and property owners within the proposed Extension were benefited thereby, that all property and property owners benefited were within limits of the proposed Extension, and that it was in the public interest to establish the Extension in accordance with the plan of financing as stated therein; and
WHEREAS, said Town Board duly adopted an Order on this May 7, 2003, approving the establishment of the Extension, therein designated Extension No. 3 to Water District No. 17, in the Town of Orchard Park, and ordered construction of certain improvements therein, at a cost not to exceed $130,000
NOW, THEREFORE, be it
RESOLVED, by the Town Board of the Town of Orchard Park, in the County of Erie, New York, as follows:
Toni M. Cudney, Supervisor Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
Stanley A. Jemiolo, Jr., Councilman Aye
David R. Kaczor, Councilman Aye
The resolution was unanimously adopted.
23) 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 #9 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 241,311.34 |
|
Part Town Fund |
4,455.84 |
|
Risk Retention |
0.00 |
|
Highway Fund |
48,575.94 |
|
Special Districts |
36,857.16 |
|
Trust & Agency |
15,529.79 |
|
Capital Fund |
0.00 |
The resolution was unanimously adopted.
24) 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:
§ Erie County and NYSERDA Electronic & Air Conditioner Recycling Day, Saturday 17, 2003, 9:00am to 2:00pm at the Erie Community College in Williamsville, enter from Wehrle Drive.
§ Notice of Public Hearing from the Erie County Industrial Development Agency (ECIDA) May 12, 2003 at 10:00 AM at the Orchard Park Municipal Center, 4295 South Buffalo Street, Orchard Park NY, Bryant & Stratton Southtowns Campus – Project Operator, for the Issuance & Sale of Industrial Revenue Bonds, Sales Tax exemptions, Property Tax benefits and Mortgage Tax exemption for the Southtowns Campus of Bryant & Stratton the construction and operation of an approximate 32,000 square foot building and the acquisition and, in the installation of machinery and equipment
§ Notice of Public Hearing from the Erie County Industrial Development Agency (ECIDA) on May 13, 2003 at 9:00 AM at the Erie County Industrial Development Agency, 275 Oak Street, Buffalo NY, National Fuel Gas – Project Operator, To receive Sales tax abatement for the acquisition and installation of furniture and fixtures, computers, software, metering and communications equipment, for use at various locations in Erie County for warehousing, distribution and commercial.
§ State of New York Department of Public Service would like the constituents of Orchard Park to know the New York State Public Service Commission is seeking comments on proposed changes to its rules regarding cable television service. Comments on the proposal can be made by mailing a letter to Janet Hand Deixler, Secretary, New York State Public Service Commission, Three Empire State Plaza, Albany NY 12223-1350. Comments can also be submitted by calling the Commission’s toll-free Opinion Line at 1-200-335-2120, or by going to www.AskPSC.com and clicking “PSC Seeks Comment on Proposed Cable Television Service Rule Changes”.
§ Erie County Environmental Management Council’s “2002 State of the Environment Report”.
§ Tracy and Fletcher Doyle submitted a petition signed by residents of Orchard Park stating they do not want their tax dollars supporting the Planned Parenthood organization.
The resolution was unanimously adopted.
Joanne Wilson, 58 Iroquois Drive: Ms. Wilson submitted to the Town Board the research and photographs she has taken regarding drainage problems on Iroquois Drive. Ms. Wilson stated that there are health issues, rodent and mosquito overpopulation and added expense for the residents of Iroquois Drive. Supervisor Cudney stated that the Town has applied for Federal Grant Money for improvements to Iroquois Drive, but the Town has been denied the funding. Ms. Wilson asked if Iroquois Drive could have an open ditch and the Town Engineer stated that the Town could check into this. The Town Engineer stated that reconstruction for Iroquois Drive is on the Capital Project List. The Highway Superintendent stated that he would check the ditches and report his recommendations to the Town Board. He stated that the issue of water in these backyards on Iroquois Drive, many are low lying and there is nothing the Town would be able to do about that situation. Ms. Wilson explained that there is not a ditch located by Rte. 219 and the run off from the Highway directly floods the yards next to it.
The Town Engineer explained that this is the responsibility of the Department of Transportation. Supervisor Cudney stated that the Town would help to give Iroquois Drive residents as much relief as possible within the scope of its capabilities, but if it is a private drainage issue due to low lying areas, the Town would be willing to help if these residents form a drainage district to pipe, drain or clean it. Supervisor Cudney stated that the Town would continue to try to obtain a grant for Iroquois Drive.
Jane Bartlett, 22 Knob Hill Road: Ms. Bartlett served as the past Recreation Commission Chair and thanked the Town Board for their words of support for the Town Boards. Ms. Bartlett stated she is speaking tonight in response to all the recent attention regarding recreation lands. Ms. Bartlett wanted to be sure the information got to the right places, since most of the people largely responsible for the Birdsong Project are no longer on the present Recreation Commission. Ms. Bartlett brought the FEIS documentation on the Birdsong Project for clarification for the Town Board and the audience. Ms. Bartlett stated that the parkland from the beginning was to be two thirds passive and one third active recreation use according to the intention of the developer, which was reviewed and analyzed by the Town Recreation Commission. The Recreation Commission did want an active area in the Birdsong Parkland, but did not want organized league sports taking place. Ms. Bartlett further explained that there was to be more than just hiking, biking and walking. The specific recreation plans for consideration were playgrounds, baseball, basketball, volley ball and tennis courts. Ms. Bartlett stated that she wanted to make sure that the residents understand that there is an active part of the park that needs to be developed, including a recreation building with restrooms with a fireplace. This would be a year round facility for snow shoeing and cross country skiing. Ms. Bartlett hoped that this clarified any confusion as to the intent of the active aspect of the parkland by the developer and the Town Recreation Commission.
Joe Sasiadek, 51 Iroquois Drive: Mr. Sasiadek requested that the Town clean up the ditch on the west side of Iroquois Drive since there is always standing water and the fear of West Nile Virus. Supervisor Cudney stated that the Engineering Department does have in their plans to bring in a consultant for a Town study on problematic drainage and prioritize areas for potential solutions and the cost. This would then have to be put to a referendum vote to create a drainage district in order to have the Town pay for work with taxpayers money. The Highway Superintendent stated that if and when the Town reconstructs Iroquois Drive, it may be possible to lower the profile of the drainage system enough to rid the backyards of some of the water.
Chris Kowalski, 136 Villa Maria Road, West Seneca: Mr. Kowalski, the President of the Orchard Park Little League and wanted to thanked the Town Board, especially the Highway Superintendent, Supervisor Cudney along with Jane Bartlett, the past Recreation Commission Chair. Mr. Kowalski stated that the reason he came to the Town Board meeting is to see if the Town can expedite the allocation of the funds for the Little League Association. There is no revenue coming in from the concession stand and the League could use the money now that they anticipated they would have by now. Supervisor Cudney stated that the Recreation Commission is meeting on Tuesday May 13, 2003, when they will recommend how the requests will be dispersed. Councilman Buyer stated difficulties with budget from the State and filtering on down would determine that the Town Board will have to approach budgeting differently in the future. Councilman Jemiolo stated that the plans and discussions would have to take place in the fall for funding requests for the following spring. Supervisor Cudney apologized for not staying on schedule. Mr. Kowalski stated that he hoped to see everyone at the opening day parade.
Brian Leahy, 62 Iroquois Drive: Mr. Leahy asked the Town Engineer if the rear swale or ditch ever worked at the back of the properties on Iroquois Drive. The Town Engineer stated it did not ever work well. Supervisor Cudney stated that the Town applied for federal money to fix these problems and were turned down because there was not any proof of damages to foundations or basements due to flooding. The Town Engineer stated that the Town has applied for two grants to remedy problems for the area of Iroquois Drive without success.
Supervisor Cudney stated the Town would continue to apply for these grants. Mr. Leahy asked if the Town could treat the mosquito problem. The Town treats the mosquito situation through the storm sewers. Private property owners would have to treat the mosquito problem themselves and maybe Erie County might be able to assist.
Patrick Sullivan, 3819 Abbott Road: Mr. Sullivan stated that he has been working on the drainage and snow problem and it is satisfactory with his neighbors.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 8:40 PM (local time).
Respectfully Submitted,
Town Clerk