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 21st 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
Dave Holland Asst. Building Inspector
Samuel McCune Chief of Police
Wayne Bieler Town Engineer
ABSENT: Ronald A. Geitter Superintendent of Highway
The Supervisor read the following into the record: Any person appearing before this board who is a relative of, or who has a financial or business relationship with any officer or employee of the Town of Orchard Park, must disclose the nature and extent of such relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on May 7, 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
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the Proposed Local Law for the Year 2003, in the matter of the Proposed Amendments to the Town Code of Ordinances, Dog License Fee Increases and Animal Control, which amendment provides as follows:
The underlined material represents new text. Material with a line through it represents text, which will be repealed.
Chapter 58-10. Dog License Fees
Pursuant
to §110, Subdivision 4, of Article 7 of the Agriculture and Markets Law of the
State of New York, an annual dog license fee of five dollars ($5.) seven
dollars and fifty cents ($7.50) for each dog license issued and an
annual license fee of ten dollars ($10.00) for each purebred license issued
by the Town of Orchard Park, New York, under § 109, Subdivision 1, of the
Agriculture and Markets Law will be added to the fees established by § 110,
Subdivision 1, of the Agriculture and Markets Law. This annual dog license fee
shall be charged for all licenses becoming effective on or after January 1,
2004.
Chapter 58-3. Impoundment Fees; redemption.
A.
Any dog identified or
unidentified, found to be at large and seized pursuant to the provisions of
this chapter shall be held and cared for by the town and redeemed by the owner
or disposed of pursuant to the provisions of § 118 of the Agriculture and
Markets Law of the State of New York. The dog may be redeemed by the owner
if the owner pays the following impoundment fees: The owner may redeem
the dog, if the owner pays the following impoundment fees:
C. Dangerous Dog.
1. No person who owns or has control of a dog shall permit such dog to attack or bite any person peacefully conducting himself in any place where such person may lawfully be or to attack, chase, injure or kill a domestic animal or dog or cat of another person when such animal is in any place it may lawfully be. For the purpose hereof, when any dog is at large contrary to the provisions of this article and commits any of such acts, the owner or person in control shall be deemed to have permitted the dog to commit such acts.
2. Any person may make a complaint of any attack upon a person or an attack, chasing or worrying of a domestic animal to a Dog Control Officer. Such officer shall immediately inform the complainant of his right to commence a proceeding as provided in § 121 subdivision four of the Agriculture and Markets Law. If there is reason to believe the dog is a dangerous dog, the Dog Control Officer shall forthwith commence such proceedings himself.
3. Any person owning or harboring a dog deemed dangerous by a Judge or Justice pursuant to Agriculture and Markets Law § 121, will muzzle the dog at all times when the dog is outside its proper enclosure. The muzzle shall be approved by the Dog Control Officer.
C. Veterinary Care for Seized Dogs:
1. Any dog seized or impounded by the Dog Control Officer of the Town of Orchard Park pursuant to the Agriculture and Markets Law, § 118, and this Chapter that may require veterinarian treatment for injuries or sickness shall receive such veterinary care when such care is necessary in the judgment of the Dog Control Officer.
2. The owner of such dog shall pay for said veterinary fees in addition to the impoundment fees upon redemption of the dog or, if the dog is deceased, not later than thirty (30) days after said veterinary care is rendered and the owner notified in writing of such amount.
3. If such amount is not paid within thirty (30) days after notification, the town shall proceed to collect the amount in a civil action.
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. This section shall not apply to any person who, on the effective date of this section, has a valid dog license or purebred license for more than three (3) dogs, subject to the following conditions.
1. Such dog(s) are the owner’s pets and are not for sale or in any way used for any business.
2. In the event that any of the dogs licensed dies or is sold or transferred to another person, the owner cannot replace such dog and shall not be issued a license for any replacement dog unless the owner has three (3) or fewer dogs, inclusive of the replacement dog.
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 and stated that the Town Board is not going to make a determination on this Local Law tonight.
Comments from the floor addressed the following issues:
§ The residents at the meeting do not want the determination of “dangerous dog” used as a blanket discrimination against certain breeds. It was established by the Town Attorney that “case law” or judicial ruling is how the determination is made.
§ Clarify the definition of a proper enclosure.
§ To limit the number of dogs allowed in a household grossly handicaps people who are breeders and trainers. For many individuals it is a hobby, and once the dog can no longer breed or show, they do not put them down, they keep them, as they are part of the family.
§ The responsible pet owners take care of their pets and comply with the law; it is the irresponsible pet owners who cause the problems and initiate complaints. This law needs to be directed to the irresponsible owners, not the ones who are conducting themselves properly.
§ Several people offered their assistance to the Town Board to form a committee to help write a fair, equitable and enforceable dog ordinance law as the problems usually arise from irresponsible owners, not multiple dog owners. They feel that this ordinance as written, will not reach the crux of the problem and it needs revision. The irresponsible person could be educated, and if they do not abide by the laws, then a suitable fine and restrictions should be enforced.
§ A copy of the Canine Legislation Position Statements were given to the Town Clerk.
The following people commented on the above issues:
§ George Herbert – 6858 East Quaker Street
§ Peggy Doster – 55 Lexington Avenue
§ Sally Cataldo – Eagle Ridge Kennels, 7081 Ellicott Road
§ Margaret Haney – Derby, New York
§ Jean Miller – 55 Briggs Drive
§ Dr. Karen Fisher – Veterinarian , 2799 Southwestern Boulevard
§ Janis Podlas – Creekside Drive
§ Erica Jordan – Wyoming County
§ Shery Anderson – Elma, New York
§ Kathy Bodkin – North Collins, New York
§ Marvion Ashburn – 6326 Benning Road
2) 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 the Proposed Local Law for the Year 2003, Dog License Fee Increases and Animal Control, for the Town of Orchard Park is hereby closed at 8:13 PM (local time).
The resolution was unanimously adopted.
3) 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 authorize the request from Lowe’s Home Improvement Warehouse, 3195 Southwestern Boulevard for a building permit to construct a 134,563 square foot retail building and a 27,099 square foot garden center on the former K-Mart site. The Planning Board, 5/14/03, recommends approval of this request and of the site plan with the following stipulations:
§ This is a Unlisted Type 1 SEQR Action and a Negative Declaration is made based on the submitted Long EAF, Parts One, Two and Three
§ A Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan, which includes 26% green space and island irrigation systems. The Bond amount shall be $62,540.00 or a certified check for $31,270.00 which has to be presented to the Town Clerk prior to a Building Permit being issued.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens. This plan is denoted as “K” and was submitted to the Planning Board on 5/14/03.
§ No outside storage is permitted.
§ Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with section144-25 of the Town Code.
§ All approvals are contingent upon conformity to Conservation Board recommendations as indicated in the Conservation Board minutes, and the site is to include the minimum quantity of trees, according to Town Ordinances.
§ All understandings, covenants and agreements that are part of the written record are incorporated as conditions of approval.
§ The plans are approved per the architectural rendering received 5/14/03 and have been signed by Mrs. Biryla to authenticate them.
§ The approval is also based on the outcome of the variances that have been applied for with the Zoning Board of Appeals.
§ The generator shall have a lower noise level type with a noise level, at the property line, not to exceed 70 decibels and it must be tested once a week between the hours of 9:00am and 5:00pm.
§ The long Environmental Assessment Form shall be revised by the petitioner to reflect an accurate account of planned chemical storage.
§ The site plan shall be reviewed and have engineering approval.
§ Councilwoman Ackerman is to meet with the petitioners to review architectural detail of the building.
Jerry Goldman, Attorney and agent for Lowe’s, and Brent Edminston, project manager for Lowe’s, asked about the stipulation regarding “No Outside Storage” as seasonal outside display of planting material is part of their spring sales. The Town Board stated that they can obtain a Temporary Seasonal Permit for “display and sale” of their garden supplies every spring, as several other stores do the same.
The Town Board asked the Loew’s representatives about the access driveway that is going to be put in east of the entrance that has the signal light on Southwestern. It is the Board’s understanding that this access driveway of Lowe’s is the only access that will be required, even if Benderson develops the outparcel adjacent to Lowe’s property. Mr. Goldman stated that Lowe’s has provided a letter from Benderson Development to the Planning Board which indicates that for the Benderson outparcel, which is adjacent and north of the Lowe’s property, that a separate curb cut would not be necessary. He also stated that Lowe’s represented to the Planning Board that they would allow Benderson a cross access agreement that would allow (Benderson) access to be obtained through the proposed curb cut located at the north end of the Lowe’s property along Southwestern Blvd. Councilman Jemiolo asked if these letters were in the Planning Board file. Mr. Goldman stated that the Benderson letter was in the Planning Board file and that there is a representation on the record from Lowe’s, but if the Town Board wants a letter as well, they could do that.
The resolution was unanimously adopted.
Old Business #1 Two (2) Off Premise Signs for Lowe’s
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby approve the request for two off-premises signs, which will be within existing plaza signage, for Lowe’s to replace the previous K-Mart signs, as recommended by the Planning Board 5/14/03.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request from Tim Hortons/Wendys Restaurant, vacant land as an out-parcel of the Tops Plaza, east side of Orchard Park Road for a Building Permit to construct a 5,427 square foot restaurant facility. The Planning Board, 5/14/03, recommends approval of this request and of the site plan with the following stipulations:
§ This is an Unlisted SEQR Action and, based on the Certification of Findings to Approve issued by the Town Board on 6/20/2001, no determination of significance is required.
§ A Landscape Completion Bond in the amount of $6,626.00 or a certified check in the amount of $3,313.00 in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 20.1% green space in the Tops Plaza.
§ The site lightening is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens. The additional single head 400-watt fixture on the west side of the property is in replacement for one of the double head fixtures not installed on the north west corner of the fueling station. This double fixture shall not be installed.
§ No outside store or display is permitted.
§ Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
§ Town Engineering approval has been granted.
§ The architectural features and finish shall be in accordance with the building exterior elevations received on 5/8/2003. This includes six buildings face signs which shall be accordance with Section 14-38A of the Town Code.
§ All approvals are contingent upon approval of Conservation Board recommendations and indicated in the Conservation Board Minutes.
§ All understandings, covenants and agreements that are part of the written record are incorporated as conditions of approval.
§ All canopies or signs other than those indicated on the submitted site plan will require approval by the Planning Board.
§ The plan was signed and dated to authenticate it.
The resolution was unanimously adopted.
6) 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 the request from James McAndrew, 3841 Sheldon Road for a Change in Use from a residence to business. The Planning Board, 5/14/03, recommends approval of this request, this is an Unlisted SEQR Action and a Negative Declaration is made.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Town of Orchard Park did receive three sealed bids for “Janitorial Service”, and
WHEREAS, the bids were opened Friday, May 9, 2003 at 11:00 AM in the Supervisor’s Conference Room at the Orchard Park Municipal Center, 4295 South Buffalo Street, Orchard Park New York
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby award the bid for Janitorial Services to Clean Sweep Janitorial Service, 1 HSBC Plaza, Buffalo NY 14203 they being the lowest responsible bidder thereof. The monthly service charge will be $900.00, and this contract is for three years with a six-month probationary period.
Supervisor Cudney stated that Clean Sweep Janitorial Service has supplied references from other businesses they have serviced. Clean Sweep received high satisfactory ratings and there were no problems with the quality of cleaning or with security.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, a Public Hearing has been held in connection with the application of Reidman Development Corporation to rezone approximately 41.5 acres of land from B-2 to R-3 in order to permit development of a 288 unit luxury apartment community on a 48.3 acre site located on the east side of Orchard Park Road, south of Southwestern Boulevard, and
WHEREAS, no recommendations from the Erie County Department of Planning, pursuant to Section 239-mm of the General Municipal Law was received and filed by the Town Board, and
WHEREAS, a recommendation from the Town of Orchard Park Planning Board was received and filed with the Town Board, and
WHEREAS, the Town Board did declare a Negative SEQR Declaration
NOW, THEREFORE, be it
RESOLVED, that the Town Board adopts the findings statement submitted with this resolution as pre-filed with the Town Board, and be it further
RESOLVED, that the rezoning of the above referenced parcel of land is consistent with the comprehensive plan of the Town of Orchard Park, and be it further
RESOLVED, that the rezoning requested herein is hereby granted on the condition that a certain parcel of land containing 28.74 acres situated on California Road in the Town of Orchard Park having SBL#172.00-1-30.2 is conveyed to the Town of Orchard Park on or before September 1, 2003, and be it further
RESOLVED, that this resolution shall be null and void and the above referenced rezoning shall be nullified in the event that the conveyance referred to herein does not take place on or before September 1, 2003, and be it further
RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park are hereby amended by rezoning from B-2 to R-3, vacant land, east side of Orchard Park Road, south of Southwestern Boulevard as follows:
ALL THAT TRACT OR PARCEL OF LAND, situated in the Town of Orchard Park, County of Erie and State of New York, being part of Lot No. 17, Township 10, Range 7 of the Buffalo Creek Reservation, described as follows:
Beginning at a point in the easterly line of Orchard Park Road, at the southwest corner of Lot No. 17: thence northerly along the easterly line of Orchard Park Road; said easterly line of said Road, also being the west line of said Lot No. 17, a distance of six hundred seventy-four and twenty- two hundredths (674.22) feet to the southwest corner of lands conveyed to Charles Shitz by deed recorded in Erie County Clerk’s Office in Liber 226 of Deeds page 536: thence easterly parallel with the north line of said Lot No. 17, and along the south line of lands so conveyed to said Charles Seitz, a distance of three thousand fourteen and sixty-two hundredths (3014.62) feet to the east line of said Lot No. 17: thence southerly along the east line of said Lot No. 17, seven hundred twenty-four and two hundredths (724.02) feet to the southeast corner of said Lot No. 17: thence westerly along the south line of said Lot No. 17, three thousand twenty-four and seven tenths (3024.7) feet to the easterly line of Orchard Park at the point or place of beginning.
This ordinance shall take effect ten- (10) day after publication and posting in accordance with law, and be it further.
RESOLVED, that the Town Clerk publish and post a copy of said amendment in accordance with Section 264 and 265 of the Town Law.
Councilwoman Ackerman stated that Donald & Paul Steinwachs, owners of the land for this apartment project, own a piece of property on California Road, which is 28.74 acres and contiguous to the Town’s Brush Mountain Park Recreation Area. The Steinwachs are willing to deed over this California Road property to the Town at no cost, as part of the deal. By accepting this deal, the Town will increase the size of Brush Mountain Park and will greatly increase the Town recreational land. This will also eliminate any development of that portion of California Road and it will remain as green space now. The Town has been working with the owners and developers of this project to secure very significant amounts of buffering in terms of green space and are planning to develop walking trails. The number of units will be less than the zoning will allow. The developers are going to faze in the project by developing half of the units now and the other half thirty months from now.
Councilwoman Ackerman said that a Public Hearing for the Special Exception Use would also be held to discuss the details, therefore, this is not a site approval at tonight’s meeting. The Planning Board will also need to review the site plan for this project.
David Reidman, owner of Reidman Development Corp., asked about the September 1, 2003 deadline to deed over the property on California Road. Town Attorney Berkowitz stated that Mr. Steinwachs stipulated that date because he would like to see the Reidman Development close on the Orchard Park Road property by that date. Mr. Reidman stated that they have an extension mechanism in place for the purchase of the Orchard Park Road property. Mr. Berkowitz said he felt that the same kind of extension mechanism would be used for the California property if need be.
The Town Board stated that to be able to bring this project to the point it is at today took exceptional patience, dedication, resourcefulness and open mindedness by Mr. David Reidman, his attorney, Don and Paul Steinwachs, the Planning Board and the Town Board. This project is now going to be completed and the concerns of the residents of that area will be addressed by creating a large distance and buffering between Falcon Crest Rd. and the project. The Planning Board is going to review some site plan recommendations from the Town Board and there will be no connection between the project and Countryside Lane.
The resolution was unanimously adopted.
Sign Contract with Steinwachts for land on California Road
9) 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 Supervisor to sign the contract between the Steinwachs and the Town of Orchard Park for the transfer of the 28.74 acre parcel of land on California Road, which is contiguous to Town owned property.
The resolution was unanimously adopted.
New Business #1 Appoint Summer Staff to the Engineering Department
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Bill Fulton who has worked in the Engineering Department since last summer, as a summer/fall employee is an excellent worker accepting and completing all tasks assigned, and
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the appointment of Mr. Bill Fulton, 401 Vistula Avenue in the Town of Orchard Park to a 14 week summer position in the Engineering Department for a fourteen-period
The resolution was unanimously adopted.
New Business #2 OP Co-op Nursery School Requesting to Use Green Lake for Annual Picnic
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Orchard Park Co-op Nursery School to use Green Lake/Yates Park for their Annual Picnic, May 27, 2003, from 10:00 AM to 2:00 PM, with a rain date scheduled for May 28, 2003.
The resolution was unanimously adopted.
New Business #3 Proclamation for National Garden Week, June 1-8, 2003
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the gardeners of the United States produce the food which feeds our people and permits us to export our abundance to other countries, and
WHEREAS, our gardeners help to preserve our traditional spirit of independence and initiative, and
WHEREAS, gardening instills in our people a greater respect and care for our environment and our natural resources, and
WHEREAS, gardening furnishes a challenging and productive full or part-time activity for a large number of our citizens, and
WHEREAS, gardening promotes a healthy lifestyle that lasts a lifetime, and
WHEREAS, our gardens also yield herbs, foliage and flowers which add beauty, fragrance, and nutrition to our lives
NOW, THEREFORE, be it
RESOLVED, that the first week in June, beginning with the first Sunday, be designated as National Garden Week, and be it further
RESOLVED, the Town Board of Orchard Park, in the County of Erie, in the State of New York, does hereby proclaim the week of June 1st through June 7, 2003 as…….. National Garden Week
The resolution was unanimously adopted.
New Business #4 OP Jaycees Requesting the Town’s Support for the Quaker Art Festival
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Orchard Park Jaycees to hold the 42nd Quaker Arts Festival, September 19th, 20th and 21st, and be it further
RESOLVED, that the Town Board and the Town of Orchard Park will support the Orchard Park Jaycees on the following items; dumpster, trash containers, picnic tables and snow fencing.
The resolution was unanimously adopted.
New Business #5 Chamber of Commerce Holding the Fourth of July Parade
14) 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 Orchard Park Chamber of Commerce to hold the Fourth of July Parade, Friday July 4, 2003, with a rain date of Saturday, July 5, 2003, and be it further
RESOLVED, the parade will assemble in the parking lot of the Orchard Park High School on Baker Road at 7:00 PM and lead-off at 8:00 PM and disband in front of the Orchard Park Middle School on South Lincoln.
The resolution was unanimously adopted.
New Business #6 OP School District Requesting to Use Twelve Town of OP Voting Machines
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, at the February 5, 2003 Town Board Meeting the Orchard Park Central School District requested the use of twelve (12) Town of Orchard Park Voting Machines for the Annual District Vote for May 20, 2003, and
WHEREAS, due to the April 29, 2003 State Assembly Bill, the Annual District Meeting Vote has been changed to Tuesday, June 3, 2003, which changes the date of the Orchard Park School District request for voting machines
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve of the request from the Orchard Park Central School District for the use of twelve (12) Town of Orchard Park Voting Machines for the Annual District Meeting and Vote on Tuesday, June 3, 2003 at the Orchard Park Middle School from 7:00 AM to 9:00 PM, and that the voting machines will be picked up by the school district at the town garage on May 28th, and be it further
RESOLVED, that the Town Board does hereby expects all twelve (12) voting machines to be returned in the same condition received from the Town, and if there is any damage to any of the twelve (12) voting machines, the Orchard Park Central School District is fully responsible for all repairs.
The resolution was unanimously adopted.
New Business #7 Refer to the Planning Board
16) 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 refer to the Planning Board Walter Schmidt, fourteen (14) acres of vacant land, east side of California Road, requesting to rezone from R-3 to R-3 Special Exception Use to construct a townhouse project.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
17) 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 following budget amendment, as requested by the Justice Court:
$1,911.00 From: A.0000.0691 Deferral Revenue
To: A.1110.0200.0000.0000 Office Equipment
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDENY, TO WIT:
WHEREAS, the National Kidney Foundation of Western New York Annual Gift of Life Walk is being held on June 8, 2003 at the Ralph Wilson Stadium, and
WHEREAS, this organization will be utilizing the parking grounds of the stadium, and will also need the permission to use some streets in the Town of Orchard Park; crossing of Abbott Road, Oakwood Avenue, Pilger Place and Fay Street
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve and support The National Kidney Foundation of Western New York the use of Town roads for their Gift of Life Walk
The resolution was unanimously adopted.
Councilwoman Ackerman announced that Boy Scout Troop 590 inducted three Eagle Scouts – Brian O’Donnell, Peter Rozwood and Michael Sasiadek, and Troop 48 inducted two Eagle Scouts – Matt Chapman and Brian Szafranski.
Councilman Jemiolo announced that the Recreation Flyers are now out, and that the Recreation Department Summer Hours will begin on June 30th and go to August 15th, which are 9:00am to 4:30pm.
Councilman Kaczor said that he and Supervisor Cudney recently attended an ECIDA meeting, in which all the other IDA’s in the area where there as well. They discussed the 45B Enhancement, how the program was set up, the cost and fees involve and how it should be implemented. It was agreed that there should be a follow-up meeting to set up ground rules that everyone can adhere to. This is a program to benefit small businesses, which will help in our community and the Town Board will keep everyone informed.
19) 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 #10 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 179,263.34 |
|
Part Town Fund |
$ 272.08 |
|
Risk Retention |
$ 529.07 |
|
Highway Fund |
$ 10,079.39 |
|
Special Districts |
$ 202,644.75 |
|
Trust & Agency |
$ 2,299.06 |
|
Capital Fund |
$ 61,188.97 |
The resolution was unanimously adopted.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Reports: Orchard Park Building Inspector’s Monthly Report & Building Permits for April 2003 and the Chief of Police’s Monthly Report for April 2003.
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn wanted to understand what “Lease Management “ for the water system actually means. Town Attorney Berkowitz stated that it means the Town continues to own the various infrastructure of the water system, and that the Water Authority operates the system for us. Supervisor Cudney asked Town Clerk Colarusso to send Mr. Ashburn a copy of the Lease Management Agreement with the Water Authority.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Councilman Kaczor, the meeting was adjourned at 9:27 PM (local time).
Respectfully Submitted,
Town Clerk