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 5th day of November 2003 at 7:00 P.M., (local time). The meeting was called to order by Supervisor Cudney, and there were:
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Wayne Bieler Town Engineer
ABSENT: Dave Holland Asst. Building Inspector
Supervisor Cudney read the following into the record: Any person appearing before this board who is a relative of, or who has a financial or business relationship with any officer or employee of the Town of Orchard Park, must disclose the nature and extent of such relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
The National Guard and Reserve Award in Recognition of Police Chief Samuel M. McCune was presented by the Honorable Thomas Higgins, Retired Erie County Sheriff. Mr. Higgins read a letter from former Orchard Park Police Detective, Robert Ziehm, who was activated by the Coast Guard after 9-11. In the letter he stated that his boss, Police Chief McCune was “understanding and supportive and instrumental in promoting a resolution by the Town Board to supplement my Coast Guard pay and continue my benefits. Never has my boss pressured me to retire from the Reserve, even though I supervised the Detective Bureau. I have been promoted and offered other promotions in spite of my Reserve membership”.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on October 1, 2003, October 15, 2003 and the Special Meeting October 22, 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 Approve the 2004 Ad Valorum Budget & Benefit Basis Special District Budget
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize to Adopt the 2004 Ad Valorum Budget and the 2004 Benefit Basis Special District Budget with the following changes:
A.5010.137 Decrease from $12,000 to $10,500
A.7020.488 Increase from $28,900 to $31,580
A.7020.449 Increase from $7,200 to $8,000
A.7270.449 Increase from $3,600 to $4,000
A.7270.451 Increase from $1,800 to $2,000
A.7550.441 Increase from $1,080 to $1,200
A.7610.400 Increase from $36,000 to $40,000
A.7610.408 Increase from $2,700 to $3,000
A.8560.100 Increase from $10300 to $11,800
A.9060.814 Decrease from $966,200 to $957,700
Supervisor Cudney stated that there was a Public Hearing regarding the Preliminary Budget on October 15, 2003. She stated there is a slight tax increase of 13 cents per thousand for the Town outside Village residents and 18 cents per thousand for Village residents. Supervisor Cudney stated that there were a few internal changes made to the Preliminary Budget (see above) with no change in the total expenditures for the Budget. Supervisor Cudney said that the Town Board justifiably transferred $8,500.00 from an account for Health Benefits, due to the savings worked out this past year, and put it into some of the budget lines that serve our community.
Councilwoman Ackerman stated that with the 2.75% increase this year, it is 15 or 16 cents less, depending on whether a resident of Town or Village, less per thousand dollars of assessed evaluation than it was ten years ago.
The resolution was unanimously adopted.
Old Business #2 Woodbridge Const., Requesting a Special Exception Use in an R-3 Zone/Taylor Rd
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize to declare it self-SEQR Lead Agency for Woodbridge Construction Group, Vacant Land, East side of Taylor Road for a Special Exception Use Application in a R-3 Zone, to construct a townhouse project.
The resolution was unanimously adopted.
Old Business #3 Carl Hasselback, Chestnut Ridge Rd/Town Board to Declare SEQR Lead Agency
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize to declare it self-SEQR Lead Agency for Carl Hasselback, 4956 Chestnut Ridge Road for three variances in order to construct a gas station/convenience store.
The resolution was unanimously adopted.
Old Business #4 Award the Bid for the Comprehensive Water System Improvement Project, Part I
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
WHEREAS, Bids were opened for the Comprehensive Water System Improvement Project, Part 1 on September 25, 2003, and
WHEREAS, the project was bid both with a base bid and an alternate bid which, substituted ductile iron pipe for PVC pipe on any waterline pipe 12” in diameter or lager, and
WHEREAS, as result of negotiations with Erie County Water Authority for Lease Management Agreement Amendment No. 2, the project will be constructed as called for under the alternate bid, and
WHEREAS, the Engineering Department and the Town’s Consultant Engineer, R & D Engineering have reviewed the itemized prices of the seven contractors who submitted bids and the lowest bid of $2,530,218.90, along with many of the other bids, was well below the engineer’s estimate for the project alternate, and
WHEREAS, the low bidder for this project was Janik Paving and Construction, Inc. who has been in business since 1966 and has successfully completed many waterline projects for various local municipalities. The company has been found to have qualifications and experience to perform this work adequately, and
WHEREAS, the Town has received thirty-two required easements and rights-of-way acquisitions and the Town started the condemnation process on October 15, 2003 for the remaining easement, which will allow the Town to proceed in approximately one month, before work is started in this area
RESOLVED, that the Town Board does hereby award the Contract for the Comprehensive Water Improvement Project, Part 1, the Alternate Bid, to the lowest responsible bidder, Janik Paving and Construction, Inc., 97 Evans Street, Hamburg New York 14075-0707 in the amount of $2,530,218.90.
The resolution was unanimously adopted.
Old Business #5 Award the Bid for the Comprehensive Water System Improvement Project, Part II
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Bids were opened for the Comprehensive Water System Improvement Project, Part 2 on October 2, 2003, and
WHEREAS, the project was bid both with a base bid and an alternate bid which, substituted ductile iron pipe for PVC pipe on any waterline pipe 12” in diameter or lager, and
WHEREAS, as result of negotiations with Erie County Water Authority for Lease Management Agreement Amendment No. 2, the project will be constructed as called for under the alternate bid, and
WHEREAS, the Engineering Department and the Town’s Consultant Engineer, Wendel Duchscherer Architects & Engineering have reviewed the itemized prices of the nine contractors who submitted bids and the lowest bid of $1,395,659.25, along with many of the other bids, was well below the engineer’s estimate for the project alternate, and
WHEREAS, the low bidder for this project was Kandey Company, Inc. who has been in business since 1984 and has successfully completed many waterline projects for various local municipalities. The company has been found to have qualifications and experience to perform this work adequately, and
WHEREAS, the Town has received twenty-nine required easements and rights-of-way acquisitions and the Town started the condemnation process on October 15, 2003 for the remaining easement, which will allow the Town to proceed in approximately one month, before work is started in this area
RESOLVED, that the Town Board does hereby award the Contract for the Comprehensive Water Improvement Project, Part 2, the Alternate Bid, to the lowest responsible bidder, Kandey Company, Inc. 19 Ransier Drive, West Seneca New York in the amount of $1,395,659.25.
The resolution was unanimously adopted.
New Business #1 Appointment of the Supervising Building Inspector
7) 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 appointment of Andrew Geist, 24 Daisy Lane, Orchard Park NY, as the Supervising Building Inspector for the Town of Orchard Park, as per the NYS Civil Service Law from the Civil Service list, with a six month probationary period, from the effective employment start date of November 17, 2003. It is a Town of Orchard Park, Non-Union Master Wage Scale Range 100, Step A; Salaried position starting at $45,773.00. The Employee Classification in the Town of Orchard Park Personnel Policy: Group 3.
Supervisor Cudney introduced Andy and his wife Cathy, who were in the audience. The Geists have three children, Steve, Liz and Matthew. Supervisor Cudney read Andy’s career background in construction and his deep involvement in the volunteer fire and emergency services.
Councilman Buyer stated that Mr. Geist is lifelong resident of Orchard Park and has been actively involved and knows the community. He has fifteen years experience in owning his own construction business. Councilman Buyer feels he is up to the task of supervising the Building Inspector’s office.
Councilman Jemiolo was disappointed as to the process in hiring a final candidate for the Building Inspector. He stated that it was not a reflection on Mr. Geist, but felt the Civil Service criteria may be restrictive. He felt there should have been more candidates interviewed for this position.
Supervisor Cudney Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Nay Coucnilman Kaczor Aye
The resolution was duly adopted.
New Business #2 Village Requesting to Use Green Area/Depot for Annual Holiday in the Park
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, once again the Village of Orchard Park is sponsoring Holiday in the Park, Saturday, December 6, 2003, from 1:00 PM to 8:00 PM, and
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Village of Orchard Park the use of the Town owned green area on either side of the depot for the Annual Holiday in the Park, Saturday, December 6, 2003, and to display the lighted holiday trees through to the week of January 5, 2004.
The resolution was unanimously adopted.
New Business #3 Public Safety Requesting “T” Signs on Bussendorfer Road @ Forsythia Court
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York, and
ORDERED, that “T” signs be erected, effective immediately, in both directions on Bussendorfer Road at Forsythia Court, as recommended by the Public Safety Committee, and be it further
ORDERED, that the Superintendent of Highways be and is hereby directed to erect to post the proper and necessary signs restriction as set forth above.
The resolution was unanimously adopted.
New Business #4 Appointment of Julie Schechter to the Orchard Park Trails Task Force
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 appoint Julie Schechter, 51 Larned Lane, to the Orchard Park Trails Task Force.
The resolution was unanimously adopted.
New Business #5 Set Public Hearing for a Local Law for 2003, Amendment to Development Fees
11) 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 to schedule a Public Hearing for Wednesday, November 19, 2003 at 7:00 PM for a Local Law for the Year 2003, Amendment to the Development Fees paid for Recreation Fee in Lieu of Land charged for Multiple Dwelling, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #6 Set Public Hearing for a Local Law for the Year 2003, Historic Preservation Law
12) 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 to schedule a Public Hearing for Wednesday, December 3, 2003 at 7:00 PM for a Local Law for the Year 2003, Historic Preservation, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #7 Resolution Supporting OP Chamber for a Petition for Medicaid Reform a Priority
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Orchard Park Chamber of Commerce, in conjunction with the Western New York Chamber Alliance, is asking State Legislators to make Medicaid reform a priority. They believe County Governments across the State are being forced to drastically raise taxes and cut services to finance the Medicaid Program, and
WHEREAS, to attract the attention of the State Legislators, the Western New York Chamber Alliance, which represents approximately 20,000 businesses in the eight counties of Western New York, is launching a petition campaign throughout the businesses in Western New York
RESOLVED, that the Town of Orchard Park Board unanimously supports these efforts, authorizes the Town of Orchard Park Clerk to gather petition signatures and forward them to the New York State Legislature, and be it further
RESOLVED, that the Town of Orchard Park Board requests Medicaid Reform be made a priority item for the Western NY Delegation to the State Legislature.
The resolution was unanimously adopted.
New Business #8 Authorize Supervisor to Sign the Release Agreement for Cash Settlement/NYSEG
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the New York State Public Service Commission instituted formal proceedings to consider the past billings and other issues, claims or disputes in the connection with the rendition of street lighting services by New York State Electric & Gas Corporation (NYSEG),and
WHEREAS, the Town of Orchard Park intervened in such proceedings, and
WHEREAS, the Town of Orchard Park engaged Computel Consultants (“Computel”) to represent the Town of Orchard Park in such proceedings and negotiate on its behalf in regard to all issues, claims or disputes pertaining to street lighting services rendered by NYSEG to the Town of Orchard Park, including, but not limited to, its past NYSEG street lighting bills, and
WHEREAS, negotiations between NYSEG and Computel have resulted in a settlement and release agreement between NYSEG and the Town of Orchard Park, and
WHEREAS, Computel has recommended the acceptance of such settlement and release agreement
NOW, THEREFORE be it
RESOLVED, that the Supervisor is authorized and directed to execute a settlement and release agreement with and to deliver the same to NYSEG. The settlement and release agreement is an accord and satisfaction for all issues, claims or disputes pertaining to street lighting services rendered by NYSEG to the Town of Orchard Park for the period set forth in the settlement and release agreement.
The resolution was unanimously adopted.
New Business #9 Authorize Supervisor to Sign Amendment #2 to the ECWA Lease Management
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 authorize the Supervisor to execute Amendment ECWA Lease Management Agreement to Convert Town Water Districts Nos. 1, 4, 4-1, 8, 8-1, 8-2, 8-3 and 20, to the Lease Management Service and the Authority Tariff.
The resolution was unanimously adopted.
New Business #10 Appointments to the Fall/Winter 2003 Recreation Department Staff
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize to approve the following appointments to the 2003 Fall/Winter Staff as recommended by the Recreation Director. These appointments are dependent upon the applicants providing the required certifications.
Matthew Grabau 369 Homestead Drive, North Tonawanda, NY 14120 Aide
Karen Dolce 58 Tanglewood Drive West Aide
Councilman Kaczor stated that Matthew Grabau is a University of Buffalo senior, majoring in urban planning and will be working under an internship program, specifically to study better utilization of Green Lake/Yates Park. Supervisor Cudney recused herself because of prior dealings with Matthew’s father.
Supervisor Cudney Recused
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Aye Coucnilman Kaczor Aye
The resolution was duly adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize to refer the request of Benderson Development Company, 2244 North Buffalo Road from B-3 (350 feet from left on North Buffalo Road) and R-2 (residential rear of property) to B-2 to the Planning Board and the Conservation Board.
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, there is a deficit in the DARE Expenditure Account, but there are sufficient funds in the DARE Reserve Account,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby amend to the 2003 Budget authorizing additional appropriations and estimated revenues as follows as recommended by the Police Chief:
Increase Appropriations: A.2989.0419 – DARE Program Supplies $4,212.95
Increase Estimate Revenues: A.0000.0889 – Dare Reserves $4,212.95
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following budget transfer as recommended by the Recreation Director:
From: Park Improvements A.7020.251 $600.00
To: Supplies A.7020.480 $600.00
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 does hereby authorize the following budget transfer as recommended by the Network Coordinator for the Engineering Department:
From: Computer Lease A.1670.0444 $4,259.82
To: Computer Hardware A.1670.0441 $4,259.82
The resolution was unanimously adopted.
Supervisor Cudney announced that Senior Center Director, Anna Willems, was notified through Assemblyman Brian Higgins Office, that New York State has released a $3,000.00 Grant for equipment for the Senior Center computer program. Supervisor Cudney thanked Anna Willems and Assemblyman Brian Higgins for their efforts. Supervisor Cudney congratulated Orchard Park School Superintendent, Dr. Charles Stoddart, the Orchard Park School District, the Board of Education and the students for the high math test scores throughout the Elementary and Middle Schools. Supervisor Cudney related from an article, an energy efficient and cost effective way in which to turn manure into electricity, which is relative to the green space issue and the value of farms.
Council members and Department heads all congratulated the Police Chief and the newly elected and reelected officials of the Town.
Councilwoman Ackerman related that the Conservation Board had input from the Town of Clarence on a land conservation plan.
Councilman Kaczor stated that the Jaycees thanked the Town Board, Highway Superintendent Ron Geitter, Police Chief Sam McCune and all the volunteers for their support of the Quaker Arts Festival. Town Clerk Colarusso thanked everyone for their congratulations and support. She congratulated Andy Geist on his appointment.
Police Chief McCune thanked the Town and Village residents for a safe and happy Halloween.
21) 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 Highway Superintendent to advertise for bids for vacuum street sweeper on November 24, 2003 at 11:00 AM in the Supervisor’s conference room.
The resolution was unanimously adopted.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request of the Highway Superintendent to purchase from the New York State contract, a 72” front end rotary mower for the Parks and Grounds Department for the sum of $12,870.00 from S.V. Moffat, Inc.
The resolution was unanimously adopted.
23) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement for the sale and transfer of the John Conte property, 273 Velore Avenue, to the Town of Orchard Park at a price of twelve thousand dollars ($12,000.00) plus legal fees, for a turnaround which was negotiated with Superintendent of Highways Ronald A. Geitter for the purpose of a turn around at the end of Velore Ave.
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 does hereby authorize the approval of all entries on Warrant #21 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$177,498.99 |
|
Part Town Fund |
4,074.47 |
|
Risk Retention |
1,581.16 |
|
Highway Fund |
228,619.89 |
|
Special Districts |
58,051.43 |
|
Trust & Agency |
13,061.00 |
|
Capital Fund |
13,667.08 |
The resolution was unanimously adopted.
25) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following Reports listed on the agenda: Chief of Police’s Monthly Report for October 2003.
The resolution was unanimously adopted.
Patricia A. Justicia-Linde, 40 Canterbury Court: She spoke on the construction of the storage shed behind her neighborhood on Town property. Her purpose this evening was to ask for a local ordinance establishing notification on Municipal construction that would have an impact on residential and/or commercial property. She feels the shed should be moved to a location that would not impact a residential area.
John Marlow, 47 Brookins Green Drive: He stated that there has been an increase in the number of vacancies in rental units as well as commercial units and would hope that the proposed rezoning for the Benderson Development project doesn’t create further vacancies and hurt the existing businesses in the Village and Town. Councilwoman Ackerman stated that this is just a rezoning referral for review by the Planning Board and Conservation Board at this point.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 8:00 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk