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 17th day of September 2003 at 7:00 P.M., (local time). The meeting was called to order by Councilman Buyer, and there were:
PRESENT AT ROLL CALL: 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
Ronald A. Geitter Superintendent of Highways
Wayne Bieler Town Engineer
ABSENT: Toni M. Cudney Supervisor
Councilman Buyer announced that Supervisor Cudney was away and it was agreed upon that he would run the meeting.
Councilman Buyer read the following into the record: Any person appearing before this board who is a relative of, or who has a financial or business relationship with any officer or employee of the Town of Orchard Park, must disclose the nature and extent of such relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on September 3, 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) Councilman Buyer called for the Public Hearing to hear all interested parties regarding the proposal to accept a Conservation Easement located on Newton Road and to authorize the Town Assessor to determine the valuation of the property, taking into account the limitation on the future use of the land imposed by such Conservation Easement, consisting of approximately 31.30 acres residentially zoned. The owners of the property William and Cheryl Lewis, PO Box 201, Depew New York 14043.
Affidavits and Publication of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
COMMENTS FROM THE FLOOR:
Jody Snyder, 6149 Newton Road: Ms. Snyder’s property abuts the parcel being considered for a conservation easement tonight. She wanted further clarification of what is allowed on property that has a conservation easement. Town Attorney Len Berkowitz stated that there are no permanent structures allowed, but a temporary structure may be on the land for limited periods. Ms. Snyder said that there is a lot of debris on this property and she feels the owners of the property may have misrepresented what their intentions are regarding this property. She would like to see the Town Board look into this further before granting the easement.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Conservation Easements on 31.30 acres located on Newton Road and owned by William and Cheryl Lewis is hereby closed at 7:09 PM.
The resolution was unanimously adopted.
Councilwoman Ackerman moved to table this request for further review.
Old Business #1 Award the Bid for the Orchard Park Police Uniform Parts
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on the 8th day of September 2003, sealed bids for “Police Uniform Replacement Parts” for the Orchard Park Police Department were opened in the Supervisor’s Conference Room at the Orchard Park Municipal Center
RESOLVED, that the Town Board is hereby authorized to awarded the bid for “Police Uniform Replacement Parts” to North Eastern Uniforms & Equipment, 3050 Smallman Street, Pittsburgh, PA 15201-1525, in an amount not to exceed $531.65 (total parts), they being the lowest responsible bidder thereof, as recommended by the Chief of Police.
The resolution was unanimously adopted.
New Business #1 Authorize a Building Permit in the Tops Plaza for the Wyoming County Bank
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the request of Benderson Development for a building permit to construct a 3,600 square foot Wyoming County Bank building on vacant land in the Tops Plaza parking area, northeast corner of Orchard Park Road and Southwestern Boulevard, Zoned B-2. The Planning Board, 9/10/03, recommends approval of this request and of the site plan with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Long EAF Parts 1, 2 and a Negative Declaration is declared.
§ A Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 15% green space. A three year landscape completion bond in the amount of $6550.00, or a certified check in the amount of $3,275. 00, must be presented to the Town Clerk before a Building Permit may be issued.
§ The site lighting plan has not been reviewed or approved, having been just received by the members. However, light Fixtures shall have flat lens and the soffit lighting is to be limited to 27, twin thirteens.
§ No outside storage or display is permitted.
§ The issuing of a building permit is contingent upon this project receiving Town Engineering Approval, which has been received.
§ Based on a letter received, dated 7/30/03, from Benderson Development and an oral representation made by Mr. Fineberg on 9/10/03, no further development is to occur in the plaza after the building of the Wyoming County Bank, other than the development of the out parcel east/adjacent of Lowe’s, for which the applicant will have to seek Planning Board approval. There are to be no additional out parcels in the plaza, no street side development and/or construction along Orchard Park Road or Southwestern Boulevard adjacent to the Lowe’s property line.
§ A detail of the expansion of the parking plan between Top’s and Lowe’s and to the north of Lowe’s is to be submitted to the Town Engineering Department and the Planning Board for review and approval of lighting and drainage issues. This does not have to occur prior to the issuance of the bank building permit, but shall be submitted within six months for review and approval of the lighting and drainage associated with the proposed additional parking.
§ The southern island will be extended further to the west to better define the traffic as discussed and agreed to.
The resolution was unanimously adopted.
New Business #2 Schedule Public Hearing for Oct. 1, 2003 for Comm. Dev. Block Grant Funds
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, in order to continue to receive Community Block Grant Funds through the Erie County CDBG Consortium, the Town of Orchard Park is required to conduct a public hearing to provide citizens an opportunity for input into the project selection process and applications are due on November 3, 2003, and
WHEREAS, prior to the hearing, the Engineering Department will prepare an information packet which will describe the CDBG program, a list of previous HUD funded projects in the Town, and a list of potential projects to be considered for next year’s funding applications
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for Wednesday, October 1, 2003 at 7:00 PM, at the Orchard Park Municipal Center, in the matter of the possible use of the 2004-2005 Community Development Block Grant Fund, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #3 Approve Change Order #1 to the Contract for Water System Project, Part I
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Engineering Department is requesting a Change Order to the Contract with R&D Engineering for the Comprehensive Water System Improvement Project, Part I, in the amount of $500.00. This would increase the total contract amount to $142,800.00, representing an increase of 0.35%, and
WHEREAS, the change order requested is to perform additional work under their contract for the Comprehensive Water System Improvement Project, Part I. The additional work involves making the necessary adjustments to the plans and specifications and the preparation of an addendum package to include Ductile Iron Pipe (DIP) as an alternative to PVC watermain for all pipe 12 inches and over, as directed by the Erie County Water Authority
RESOLVED, that the Town Board does hereby approve Change Order #1 to the original Contract with R&D Engineering for the Comprehensive Water System Improvement Project, Part I, in an amount of an increase of $500.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #4 Approve Change Order #3 to the Water System Project, Part II
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Engineering Department is requesting a change order to the contract with Wendel Duchscherer for the Comprehensive Water System Improvement Project, Part II in the amount of $750.00, this would increase the total contract amount to $169,700.00, representing an increase of 0.44%, and
WHEREAS, the change order requested is to perform additional work under their contract for the Comprehensive Water System Improvement Project, Part II. The additional work involves making the necessary adjustments to the plans and specifications and the preparation of an addendum package to include Ductile Iron Pipe (DIP) as an alternative to PVC watermain for all pipe 12 inches and over, as directed by the Erie County Water Authority
RESOLVED, that the Town Board does hereby approve Change Order #3 to the original contract with Wendel Duchscherer for the Comprehensive Water System Improvement Project, Part II in the amount of an increase of $750.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #5 Application for Environmental Protection Fund Asst. for Stormwater Phase II
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the New York State Department of Environmental Conservation is making available grant money from the Environmental Protection Fund for Municipal Separate Storm Sewer System (MS4) Phase II Stormwater Implementation, and
WHEREAS, the grant money can be used for education programs, training programs, and local ordinance development and implementation, and
WHEREAS, the application is due September 30, 2003 and the total amount of the grant for all of the Western New York Stormwater Coalition (31 to 50 members) would be $350,000.00, and
WHEREAS, this is a 50/50 matching grant, whereby the members will have to contribute to the total. The estimated local contribution for each municipality that participates would be approximately $3,775.00 if 31 members participate. If more coalition members participate, the amount would be less. The local match would equate to approximately 20 hours of in-kind service each year with the expected completion date of December 31, 2007, and
WHEREAS, part of the in-kind expenses that the Town will incur for the compilation of the New York State Department of Environmental Conservation annual report will qualify. The first annual report, which is due June 1, 2004 will be used to detail the Town’s efforts in meeting the NOI and the MS4’s Phase II Stormwater Regulations, and
WHEREAS, Erie County Department of Environmental and Planning Department will oversee the administration of the grant for the Western New York Coalition members that participate
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the letter of Intent for cooperating in the application for Environmental Protection Fund assistance for Stormwater Phase II Implementation being made by Erie County Department of Environmental and Planning.
The resolution was unanimously adopted.
New Business #6 OP Central School District Requesting a Parade for the 2003 Homecoming Class
9) 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 approve the request of Orchard Park High School to hold their 2003 Homecoming Parade that will start from the Middle School parking lot, to Lincoln Avenue over to Rt. 20A, through the “Four Corners” to North Freeman and into the Athletic Field on Saturday, October 11, 2003, at 12:00 PM.
The resolution was unanimously adopted.
New Business #7 Authorize Appointment to the Board of Assessment Review Board
The appointment is going to be tabled until the next meeting for further review.
Councilman Kaczor announced that the new Recreation Pamphlet, which contains the Fall/Winter/Spring activities, was sent out to all residents. He also stated that the Recreation Department would be holding the 1st Annual Fall Festival “Family Outing” on Saturday, October 4th, with a rain date of October 5th. Everyone is invited to this event which will have hay rides, face painting, crafts for the kids and many more activities.
Town Highway Superintendent, Ron Geitter, commented about the deteriorating sidewalks put in by the State as part of the 240/270-highway reconstruction. He is not in favor of the method the contractor for the State is using to repair the damaged sidewalks and driveway approaches. The state contractors are using a patch method instead of replacing the deteriorated portions. In his experience, this method has not ever worked. As the Town will ultimately be responsible for the sidewalks, and the residents will be responsible for the driveway approaches, there needs to be some assurances from the State and the contractors as to the quality of these repairs or they need to be responsible for the replacement, since the cost to do this is expensive.
Town Engineer, Wayne Bieler agreed with Mr. Geitter. Mr. Bieler said he thought that the State was going to replace these portions, not patch them. The Engineering Department will have to look into this since the State has started work already.
It was decided that the Town Attorney, Town Engineer and Members of the Town Board, would pursue this issue and report to the Town Board at the next work session.
Town Engineer, Wayne Bieler, stated that there is going to be an Public Informational meeting, conducted by the Erie County Department of Public Works, regarding the reconstruction of Milestrip Road. The meeting is scheduled for September 23, 2003, at 7:00 PM in the basement of the Municipal Building.
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 authorize the Annual Bike & Property Auction to be held on October 11, 2003, at 10:00am behind the Municipal Building, as recommended by the Chief of Police.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #18 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$286,987.97 |
|
Part Town Fund |
$3,939.11 |
|
Risk Retention |
$1,487.87 |
|
Highway Fund |
$51,179.58 |
|
Special Districts |
$221,996.41 |
|
Trust & Agency |
$7,290.50 |
|
Capital Fund |
$39,855.77 |
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board is hereby authorized the following Communications listed on the agenda: 1)Building Local Land Protection Program Workshop, September 30, 2003, in the Town of East Aurora, 7:00 – 8:30 PM at the Erie County Cornell Cooperative Extension Building, 21 South Grove Street, Roycroft Campus; 2)Town of Boston Town Hall, 8500 Boston State Road; Public Hearing scheduled for October 1, 2003 at 7:45 PM to consider the application of wireless solutions, LLC for AT&T Wireless to co-locate on the telecommunication tower at 6405 Ward Road; 3)Notice of Community Development Citizen Forums: Tuesday, September 16th at 7:00 PM – Boston Town Hall, 8500 Boston State Road, Wednesday, September 17th at 6:00 PM – Lackawanna Public Library, 560 Ridge Road, Thursday, September 18th at 7:00 PM – Depew Village Hall, Gould Ave & Manitou Street
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board is hereby authorized the following Reports listed on the agenda: Chief of Police’s Monthly Report for August 2003, and the Building Inspector’s Monthly Report and Permits for August 2003.
The resolution was unanimously adopted.
Henry Dinder, 5533 Abbott Road: Mr. Dinder asked the Town Board if they could do anything about the predicament that the people who do satellite parking around the stadium are having in regards to obtaining liability insurance at a reasonable rates. Mr. Dinder also suggested that the Town Board make a statement to the citizens who do park cars for the stadium events that they need to have the liability insurance to protect themselves from losing all they own. Mr. Dinder stated that he has contacted Legislator Steve McCarvalle and Assemblyman Brian Higgens about this as well. Councilman Buyer suggested that he contact State Senator Dale Volker.
Mary Dix, 6345 Bunting Road: Mrs. Dix inquired about the Right of Way dispute regarding her property on Bunting Road. After some discussion with the Town Board and Town Attorney, Mrs. Dix was directed to take all her paperwork to the Town Engineer. The Engineering Department will then survey the parcel in question and proceed from there. Highway Superintendent, Ron Geitter did tell Mrs. Dix that they were going to be putting drainage in that area.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Councilman Kaczor, the meeting was adjourned at 7:46 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk