A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 1st day of October 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
Dave Holland Asst. Building Inspector
Samuel McCune Chief of Police
Wayne Bieler Town Engineer
ABSENT: Ronald A. Geitter Superintendent of Highways
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.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on September 17, 2003, as presented by the Town Clerk, are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
The resolution was unanimously adopted.
At 7:00 PM (local time), the Supervisor called for the Public Hearing to hear all interested parties and citizens input regarding the use of Federal Community Development Funds in the Town of Orchard Park.
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.
Town Engineer Wayne Bieler gave a brief overview of the program: The Town of Orchard Park may be eligible to receive Community Development Block Grant (CDBG) Funds from the U.S. Department of Housing and Urban Development (HUD) for the 2004 Program Year. The purpose of this public hearing is to provide an opportunity for citizens to discuss the needs of the community. The Town of Orchard Park belongs to a consortium of 34 municipalities. This year the Consortium will receive a grant of approximately $ 3.5 million from HUD. The grant will be divided into four spending categories: 27% for Community Projects; 27% for Housing; 27% for Economic Development; and 19% for Administration and Planning.
To be eligible for CDBG funding, the proposed project must satisfy one or more of the following national objectives: 1) Benefit Low and Moderate Income Persons, 2) Correct Slums and Blight, and 3) Meet an urgent community need. The eligible activities for the Town of Orchard Park are as followed:
§ Acquisition of Real Property for a Project
§ Public Facilities and Improvements
§ Public Service
§ Removal of Architectural Barriers
§ Historic Preservation
§ Commercial or Industrial Rehabilitation
§ Special Economic Development
§ Program Administration Costs
It is estimated that the 2004 allotment for the Erie County CDBG Consortium Community’s projects will be $1,000,000. Funds will be granted on a competitive basis to those municipalities whose projects best meet the HUD goals described above. There is a maximum grant of $ 90,000 per project with maximum of three projects funded per municipality. Applications for this year’s Community Development Block Grant funds must be submitted by November 3, 2003.
Applications for this year’s Community Development Block Grant funds must be submitted by November 3, 2003. Some suggested projects in the Town of Orchard Park, which may qualify for funding in 2004-2005, include:
PROJECT ESTIMATE
Fay-Glen-Allen-Pilger-Oakwood Reconstruction $ 330,000
Iroquois Drive Drainage Project $ 55,000
Iroquois Drive Reconstruction Project $ 310,000
Sheldon Road Waterline $ 187,000
Rural Transit Service $ 90,000
(Participation in existing program w/12 towns, 7 villages)
The Town will again submit an application for funding to continue our participation in the Rural Transit Service Program. This program provides van transportation for eligible citizens. Trips can be for any reason but are prioritized for medical and health concerns.
Town of Orchard Park Community Development Funded Projects Status as of 9/30/03
Funding Year Project Allocated Expended
1992 Breem Street Relocation (Loan) $100,000.00 $100,000.00
1993 Senior Citizens Activity Center 90,630.00 90,630.00
1993 Lakeview Ave. Pavement Restoration 60,000.00 60,000.00
1995 Orchard Park Commerce Center (Loan) 450,000.00 450,000.00
1996 O.P. Library Handicapped Accessibility 40,000.00 40,000.00
1996* Rural Transit Service Program -------- --------
1999 Summit Avenue Reconstruction 90,000.00 90,000.00
1999 Boys & Girls Club Handicap Access 45,000.00 45,000.00
2002 Windom Ave. Reconstruction 90,000.00 90,000.00
Burmon Recreation Area Improvements 40,000.00 40,000.00
Senior Citizens Center Repairs 60,000.00 60,000.00
*In 1996, the Town began participation in a transportation service with approval of an additional grant for $34,782 for the purchase of a handicap van. These funds and additional funds used for annual operation and maintenance do not accrue to the Town. The program is administered by Erie County through a not for profit agency and therefore the amount of funding is not shown in this table.
At this time, the Supervisor opened the Public Hearing Meeting for public input: No one spoke.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Community Development Block Grant Funds for 2004-2005 is hereby closed at 7:08 PM (local time).
The resolution was unanimously adopted.
3) 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 Town of Orchard Park to submit the applications for Fay-Glen-Allen-Pilger-Oakwood Reconstruction at $330,000 requesting $90,000 in CDBG Funds, Iroquois Drive Drainage at $55,000 requesting $55,000 in CDBG Funds, Iroquois Drive Reconstruction at $310,000 requesting $90,000 in CDBG Funds, and Rural Transit Service (participation in existing program w/12 towns, 7 villages) at $90,000 for the Community Development Block Grants for 2004-2005.
The resolution was unanimously adopted.
New Business #1 Authorize the Release of Escrow/Landscaping Barrington Heights PIP #2002-03
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on July 2, 2003 the Town Board accepted dedication of the Public Improvements constructed for Barrington Heights Subdivision, Part I, Phase I, with the stipulation that funds paid by the developer be held in escrow until landscaping within the Town right-of-way was completed, and
WHEREAS, the developer has since installed the required landscaping on Graystone Lane and the work was inspected by the Engineering Department and found to be in compliance with the Town specifications
RESOLVED, that the Town Board does hereby authorize the Town Clerk to release to Barrington Heights Partnership, the $16,500 held in escrow for landscaping in the Barrington Heights Subdivision, Part I, Phase I, PIP #2002-03, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Authorize the Release of Escrow/ Grading & Seeding, Barrington Heights PIP #2002-03
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on July 2, 2003 the Town Board accepted dedication of the Public Improvements constructed for Barrington Heights Subdivision, Part I, Phase I, with the stipulation that funds paid by the contractor be held in escrow until the seeding and grading within the Town right-of-way was completed, and
WHEREAS, contractor has since completed the required seeding and grading on Graystone Lane and Templeton Trail. The work was inspected by the Engineering Department and found to be in compliance with Town specifications
RESOLVED, that the Town Board does hereby authorize the Town Clerk to release to Anastasi Trucking and Paving Company, the $15,000 held in escrow for seeding and grading in the Barrington Heights Subdivision, Part I, Phase I, PIP #2002-03, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Authorize the Posting of Stop Signs on Templeton Trail @ Graystone Lane
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York, and
WHEREAS, the Police Chief, Highway Superintendent and the Town Engineer have reviewed the street layout for Barrington Heights Subdivision, Part I, Phase I
ORDERED, that stop signs be erected, effective immediately, within the Town of Orchard Park on Templeton Trail at both intersections of Graystone Lane, and a stop sign on Graystone Lane at the intersection of Milestrip Road, and a stop sign on Graystone Lane (±sta. 60 + 61) at the intersection of Graystone Lane, and it is further
ORDERED, that the Superintendent of Highways be, and does hereby direct to erect the proper stop signs at said intersections, and
BE IT FURTHER ORDERED, that the Erie County Highway Department be, and does hereby direct to erect the proper stop sign on Graystone Lane at the intersection of Miletrip Road.
The resolution was unanimously adopted.
New Business #4 Approve Out-of-Water District Residential Water for OP Water District #8
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, Norman and Jessica Grotke of 25 Boldt Court, has requested out-of-district water service to their home, and the house is located off the end of Boldt Court, outside the boundaries of Orchard Park Water District #8, and
WHEREAS, an extension of water district #8 (8-4) was approved by the Town Board on September 7, 1977, no action was taken and currently the property is not within a water district, and
WHEREAS, at this time the watermain does not extend to Mr. Grotke’s property, plans for the necessary public waterline extension have been submitted to the Engineering Department for approval, and
WHEREAS, upon all necessary agencies approval, Mr. Grotke will submit for a Public Improvement Permit to extend the public watermain, and
WHEREAS, an Outside the District Residential Water Service Agreement has been signed and submitted by Mr. Grotke
RESOLVED, that the Town Board does hereby approve the Out-of District Water Service Agreement between the Orchard Park Water District #8 and Norman and Jessica Grotke, 25 Boldt Court, Orchard Park New York, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #5 Set Public Hearing for the 2004 Preliminary Budgets for the Town of Orchard Pk
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize to schedule a Public Hearing for the 2004 Benefit Basis Special District Budget and the 2004 Preliminary Budget for the Town of Orchard Park, Wednesday, October 15, 2003 at 7:00 PM, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
Supervisor Cudney thanked the Town Board, Department Heads and employees that submitted budget proposals. Supervisor Cudney stated that there is an increase in taxes this coming year due to employee retirement benefits, health benefits and insurance costs. Councilwoman Ackerman stated that the tax rate is still less than it was ten years ago. Supervisor stated the 2004 Tentative Budget is available for review in the Town Clerk’s office. Councilman Buyer, Councilman Jemiolo and Councilman Kaczor also echoed there thanks to the Department Heads and employees.
The resolution was unanimously adopted.
New Business #6 Approve the 2003 Fall/Winter Appointments to the Recreation Department
9) 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 approve of the following appointment to the staff of the Recreation Department, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.
Name Address Position
Sue Wiencek 6344 Milestrip Road L
Eva Szinger 30 Carey Drive A
Emily Hedges 5490 Chestnut Ridge Road L
Chris Fitzgerald 6231 Bunting Road A
Danielle Vallas 272 Highland Avenue L
Sarah Schmura 26 Rutland Street, Buffalo A
Alicia Kelly 112 Hunters Ridge Road L
Christina Haag 6084 McKinley Parkway, Hamburg L
The resolution was unanimously adopted.
New Business #7 Authorize the Reappointment of Brian Knauth to the Board of Assessment Review
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby approve of the reappointment of Brian Knauth, 370 Independence Drive, for a five (5) year term to the Board of Assessment Review Board, term ending September 30, 2008, as recommended by the Town Assessor.
The Town Board unanimously thanked Mr. Knauth for serving for another term.
.
The resolution was unanimously adopted.
New Business #8 Approve Commercial Parking Permits for the Year 2003
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 approve the following 2003 Commercial Parking Permits: Danny’s South, 4300 Abbott Road, Augustin Carducci, 3923 Southwestern Boulevard, and Savannah’s South, 3847 Southwestern Boulevard.
The resolution was unanimously adopted.
New Business #9 Refer to the Planning Board and Conservation Board – Carnation Senior Housing
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby refer the request for a Building Permit for the Carnation Senior Housing project, a 4.13 acre parcel on Southwestern Boulevard (East of Hazel Court) to construct a 50 unit senior independent living facility, to the Planning Board and the Conservation Board.
The resolution was unanimously adopted.
13) 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 following budget transfers as recommended by the Highway Superintendent:
$ 10,000 From: DA.5110.0473 Ready Mix To: DA.5112.0200 Highway Improvements
$ 10,000 From: DA.5110.0474 Culvert Pipes To: DA.5112.0200 Highway Improvements
$ 20,000 From: DA.5110.0144 General Laborers To: DA.5112.0200 Highway Improvements
The resolution was unanimously adopted.
14) 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 Town Board:
$ 800 From: A.1010.0413 Travel & Conference
To: A07550.0443 Celebrations Chamber-Holiday Wreaths
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following budget transfer as recommended by the Maintenance Department:
$1,400 From: A.1620.445 General Remodeling
To: A.1620.448 Library Improvements & Renovations
The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, a Public Hearing was held by the Town Board on August 6, 2003 at 7:00 PM at the Orchard Park Municipal Center, regarding the adoption of a Local Law for the Year 2003, to be known as the Worker’s Compensation Fund, and
WHEREAS, it was originally published to set the sum of a one million dollars ($1,000,000.00) Fund all at once as recommended by the Insurance Committee to have a law requiring that amount as a designated reserve as long as the Town self issues Workman’s Compensation and
WHEREAS, the Town Board has decided to fund the insurance reserve with $500,000.00 initially, with the goal of adding a minimum of $100,000.00 to be deposited in the Fund each year until the Fund reaches $1,000,000.00, and
WHEREAS, thereafter the Fund shall be replenished annually so that the Fund continues to be in sum of $1,000,000.00
RESOLVED, that the Town Board does hereby authorize the establishment of Reserve Fund, pursuant to Section 6J of the General Municipal Law, to be known as the Worker’s Compensation Reserve Fund and the Fund shall be created in 2003 with the deposit of $500,000.00 in each successive year, the sum of $1000,000.00 shall be deposited in the Fund until the Fund reaches the sum of $1,000,000.00 and thereafter, the Fund shall be replenished annually so that the Find continues to be in the sum of $1,000,000.00.
The adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows:
Supervisor Toni M. Cudney Aye
Councilman David M. Buyer Aye
Councilwoman Nancy W. Ackerman Aye
Councilman Stanley A. Jemiolo, Jr. Aye
Councilman David R. Kaczor Aye
The resolution was unanimously adopted.
Councilman Buyer stated that in the event, the Town should need more money than is in the Workman’s Compensation Reserve Fund, other reserves can be used. This fund can not be used for any other purpose. Councilman Jemiolo stated the Town would save, as estimated by the Insurance Committee, $93,000 per year. The Town Attorney stated that in the history of the Town, there has never been a Workman’s Compensation loss of more than $350,000.
17) 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 approve the request of Monica Jones, 42 Winterhall Road, to hold a block party and blockade Winterhall Road from houses 27 to 28, on Sunday, October 12, 2003 from 3:00 PM to 6:00 PM.
The resolution was unanimously adopted.
Supervisor Cudney stated that regarding the Billboard Lawsuit proceedings, the Town has spent to date $76,316.04 to defend it. The lawsuit will be argued in appeal on November 5, 2003.
Councilwoman Ackerman stated that Flo Kirkner, a Director in the Recreation Department, was featured in the American Red Cross Annual Report. Ms. Kirkner is a teacher and vital member of the Buffalo Chapter of the American Red Cross.
Councilwoman Ackerman congratulated Stewart and Nancilu Crosley on their marriage and wished the best of luck from the Town Board.
Councilman Kaczor announced the First Annual Fall Festival Family Outing sponsored by the Recreation Department in cooperation with the Orchard Park Business Association and the Welcome Wagon of Orchard Park. It will be held on Saturday, October 4, 2003 at Green Lake/Yates Park at 11:00 AM to 4:00 PM with a rain date of Sunday, October 5, 2003.
18) 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 to seek lead agency status and initiate a Coordinated Review in the Hasselback project located at South Buffalo Road near Armor Duells Road, as recommended by the Town Attorney.
The resolution was unanimously adopted.
19) 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 approve and accept the application for a Conservation Easement on 31.30 acres of vacant land, zoned agricultural, located at Newton Road and owned by William and Cheryl Lewis from Depew, NY for a ten (10) year period upon signing by the Petitioner, as recommended by the Conservation Board, and be it further
RESOLVED, this property will have a real property tax exemption, based on a reduction in assessment of the land only, in said Conservation Easement and be it further
RESOLVED, that the Town Attorney is directed to the file necessary documents with the Erie County Clerk.
The resolution was unanimously adopted.
Police Chief McCune stated that the Bicycle and Property Auction would be held on Saturday, October 11, 2003 at 10:00 AM behind the Municipal Center.
20) 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 #19 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$127,015.51 |
|
Part Town Fund |
3,819.03 |
|
Risk Retention |
257.92 |
|
Highway Fund |
141,621.04 |
|
Special Districts |
104,434.55 |
|
Trust & Agency |
18,211.27 |
|
Capital Fund |
37,105.64 |
The resolution was unanimously adopted.
21) 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 following Communications listed on the agenda: County of Erie Department of Public Works: a portion of Milestrip Road (CR 460), from Southwestern Boulevard (Rt. 20) to North Buffalo Road (Rt. 240/277). Purpose of closure is reconstruction of roadway.
The resolution was unanimously adopted.
Supervisor Cudney stated that there were no reports, but gave residents interested in the Dog Control Ordinance who were in the audience, a summary of the progress regarding some changes to this Ordinance. The volunteers on the Dog Control Committee, met with Dennis Buczkowski, the Dog Control Officer and Supervisor Cudney. The Committee has some recommendations for a possible solution as to the limitation on the number of dogs per household and for dog breeders, with an issuance of a multiple dog permits. The Town Attorney is working on the language for the Dog Ordinance and hopefully a Public Hearing date can be set at the October 15, 2003 Town Board Meeting with the Public Hearing to be held at the November 5, 2003. Dog Officer Buczkowski and Supervisor Cudney are recommending that the portion of the Dog Ordinance to increase the local dog license fees be passed as soon as possible because New York State requires two months prior notice before the Town can change the fees.
Jim Suplicki, 5560 Big Tree Road: He questioned some the possible zoning violations in regard to portable lavatories, snowmobiles, storage sheds, caution tape, orange traffic cones, etc. that never are removed. Supervisor Cudney stated that the Town does not have control over some of these private property rights, but if there are specific instances, the Building Inspector’s office can check for code violations. Mr. Suplicki asked if was anything being done concerning the Munk property. Assistant Building Inspector Holland stated that there is a court date set in the month of October for this recurring problem.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 7:50 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk