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 4th day of August 2004 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
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
John J. Mills Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Andrew Geist Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Highway Superintendent
Wayne Bieler Town Engineer
The Supervisor read into the record the following: “If anyone appearing before the Town Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State Law and the Town Code of Ethics.”
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on the 21st day of July in the Year 2004, 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.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize a Building Permit to Jim DeMarco, vacant land, southwest corner of Milestrip Road and California Road, to construct a 12,000 square ft. masonry building. The Planning Board, 7/28/04, recommends approval of the request and of the site plan with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Long EAF Parts One and Two and a Negative Declaration is recommended.
§ A Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 84% green space, a three-year completion bond of $11,400.00 or a certified check in the amount of $5,700.00 as required.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat shields. There will be no light poles.
§ No outside storage or display is permitted.
§ Any future dumpsters shall be screened in accordance with Section 144-25 of the Town Code.
§ Town Engineering Approval has been granted on 7/27/04.
§ Approval is contingent upon receiving Conservation Board approval at their next regular meeting of 8/3/04.
§ No further filling will occur at this site.
The resolution was unanimously adopted.
3) 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 a Building Permit to Polymer Conversion, 5732 Big Tree Road, to construct a 6,700 square feet office addition. The Planning Board, 7/28/04, 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 One and Two and a Negative Declaration is recommended.
§ The site lighting is limited to those fixtures and six (6) poles with 400-watt metal halides as indicated on the approved site plan. Light fixtures shall have flat lenses.
§ No outside storage 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 on 7/27/04.
§ The building permit shall not be issued until the site photo metrics plan has been received and approved by Mr. McGuire.
The resolution was unanimously adopted.
New Business #1 Authorize Supervisor to sign a Grant Application for Milestrip Recreation Site
4) 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 Supervisor to sign and submit the application for funds from the New York State Department of Environmental Conservation, Urban and Community Forestry Program, in an amount not to exceed $9,790.00 and upon approval of said request to enter into and execute a Project Agreement with the State for such financial assistance to this Town of Orchard Park for the planting of 150 trees, and be it further
RESOLVED, that the Town of Orchard Park will contribute $11,869.00 in cash and in-kind goods and services, or 55% of the total project cost of $21,659.00.
The resolution was unanimously adopted.
New Business #2 Town Attorney to Proceed with Dedication for Sterling Park Proposed Road
WHEREAS, on July 23, 2004, a final inspection was conducted of the public improvements constructed in the Sterling Park Proposed Road, Phase 1, and this project included the construction of a portion of Redtail Road which will provide four (4) commercial sublots for development including the Bryant & Stratton Building currently under construction, and
WHEREAS, all work has been satisfactorily completed in accordance with Town specifications with the exception of the topsoil/fill installation/removal and repairs to grading and seeding areas, and we are in receipt of $7,000.00 cash security for topsoil/fill installation/removal and seeding and grading, and
WHEREAS, a two-year maintenance bond in the amount of $200,000.00 has been submitted along with all other necessary documents
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in the Sterling Park Proposed Road, Phase 1, constructed under PIP #2004-03, and to authorize the Town Clerk to release the performance security in the amount of $40,000.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Authorize the Posting of Stop Sign on Redtail Road & Sterling Drive
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Police Chief, Highway Superintendent and the Town Engineer all have reviewed the street layout for the Sterling Park Proposed Road, Phase 1, PIP #2004-03
NOW, THEREFORE, be it
ORDERED, that a “Stop Sign” be erected upon dedication of the Sterling Park Proposed Road, Phase 1, on Redtail Road at the intersection of Sterling Park Road, and be it further
ORDERED, that the Superintendent of Highways be and is hereby directed to post the proper and necessary sign at said location.
The resolution was unanimously adopted.
New Business #4 Town Attorney to Proceed with Dedication for Forest Creek Subdivision, Part 2A
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, on July 29, 2004, a final inspection was conducted of the public improvements constructed in the Forest Creek Estates Subdivision Part 2A, and the project included the completion of Chatham Court and the cul-de-sac. The completion of this subdivision will allow eight (8) new single family residential lots to be developed, and
WHEREAS, all of the work has been satisfactorily completed in accordance with Town specifications with the exception of the installation of decorative street lighting and some minor seeding and grading of the right-of-way, and we are in receipt of $2,000.00 cash security for decorative street lighting and the minor seeding and grading, and
WHEREAS, a two-year maintenance bond in the amount of $87,500.00 has been submitted along with all other necessary documents
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in the Forest Creek Estates Subdivision, Part 2A constructed under PIP #2004-02, and authorize the Town Clerk to release the performance security in the amount of $17,500.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #5 Refer to the Conservation Board – Marc & Jennifer Wills, 5601 Draudt Road
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby refer to the Conservation Board the following request from Marc & Jennifer Wills, 5601 Draudt Road, for a Conservation Easement.
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
Supervisor Cudney tabled the Capital Budget Transfers.
Councilwoman Ackerman reported on the “Art Splash “ display in the Town Hall with thanks to Adam Kern, all the art teachers and students. Councilwoman Ackerman thanked Jack Bertsch, a member of our community, for his contribution of $5,000.00 to the Boy Scout Troop in West Seneca that lost camping equipment due to a fire in their vehicle. Councilwoman Ackerman, sparked by an article in Southtowns Citizen, recognized and thanked Nick Taneff for his efforts in his neighborhood and the community. Councilwoman Ackerman stated that the Council members met and have requested a written list of issues that they would like to have answered by the Town Assessor Linda Yancey. They have asked to have this information by August 11, 2004. Councilwoman Ackerman stated that it is time to move forward with creative solutions to this situation.
Councilman Jemiolo stated that Burmon Park, Orchard Meadows, Pawtucket Row Park and Yates Park will be having work done on their facilities along with new picnic shelters through the efforts of the Highway Department, Rotary Club and the Lions Club. Councilman Jemiolo stated that he and the Town Board enjoy Mr. Taneff’s comments and are grateful for his interest and efforts in our community and any of the comments by the Town Board and the Press that are taken out of context are made in jest and are not meant to offend. Councilman Jemiolo stated that on the assessment issues, there needs to be a proper process to follow for the Town assessment in the future.
Councilman Kaczor stated that the Town Board appreciates Nick Taneff’s input at the Town Board meetings. Councilman Kaczor reported that the Historical Preservation Board held their first organizational meeting and elected Dan Ransom as Chairman and Sue Kulp as Vice Chair. Councilman Kaczor expressed his thanks to the Lions Club and the Rotary Club for their help in the building of the shelters at the Town playgrounds.
Councilman Mills stated that he is open to discussion on the assessment process and issues involved, but feels he will probably not change his position on asking for the Town Assessor’s resignation.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, Joe DeMarco applied for a Building Permit to construct a 31,950 square ft. tenant building and 25, 600 square ft. warehouse building, and
WHEREAS, the Planning Board approved of this request and of the site plan on 3/8/00, and
WHEREAS, the Town Board approved of the Building Permit on 3/15/00, and
WHEREAS, per §144-44 (K) of the Town Code of Ordinance, “if construction is not commenced within one year after the date of approval, the Town may require that the review procedures be repeated”
NOW, THEREFORE, be it
RESOLVED that the Town Board does hereby grant a 60 day extension for a Building Permit for Joe DeMarco, vacant land on the northwest corner of South Benzing Road and Southwestern Boulevard to construct a 31,950 square ft. warehouse building, which includes all the stipulations stated at the 3/15/00 Town Board Meeting, as recommended by the Building Inspector.
The resolution was unanimously adopted.
Department Heads From The Floor
Recreation Director, Ed Leak, stated that on Saturday, August 7, 2004 from 9:00 AM to 12:00PM at Yates Park, the Recreation Department will host the 1st Annual “Come Out and Play” event for families with many activities planned.
10) 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 approval of all entries on Warrant #15 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$42,393.39 |
|
Part Town Fund |
421.06 |
|
Risk Retention |
0.00 |
|
Cemetery Fund |
0.00 |
|
Highway Fund |
19,933.40 |
|
Special Districts |
25,467.33 |
|
Trust & Agency |
60,694.93 |
|
Capital Fund |
80,046.61 |
The resolution was unanimously adopted.
Receive & File Communications
11) 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 receive and file the following Communications: County of Erie Health Department: Stating it again will be a part of the Wildlife Rabies Vaccination Program. The purpose of this program is to reduce incidence of rabies in the wildlife population. Vaccine baits will be distributed by fixed aircraft in rural environments and by helicopters along creeks, railroad track beds, and along power line right-of-ways in residential areas.
The resolution was unanimously adopted.
Nicholas Taneff, 279 Summit Avenue: He thanked the Town Board for their comments. Mr. Taneff commended the Building Inspector’s Office on the wonderful job in the northwest section of Orchard Park. Mr. Taneff stated that the Town Board also deserves thanks in giving the Building Department the added personnel to do their job.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman to wit: the meeting was adjourned at 7:28 PM (local time).
Respectfully Submitted,
Town Clerk