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 February 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
Janis A. Colarusso Town Clerk
Andrew Geist Building Inspector
Samuel McCune Chief of Police
Ernie S. Matthews Deputy Superintendent of Highways
Wayne Bieler Town Engineer
ABSENT: John J. Mills Councilman
Leonard Berkowitz Town Attorney
Ronald A. Geitter Superintendent of Highways
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 COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Engineering Department has received from Anthony Cimato, 9220 Transit Road, East Amherst New York, an application for a Public Improvement Permit to construct Part 8, Phase 1 of the Eagle Heights Subdivision, and
WHEREAS, the project consists of the installation of 2,030 L.F. of roadway and public utilities to serve 23 new sublots and Phase 1 will also include the dedication of approximately 7.7 acres of land to the Town for parkland, and
WHEREAS, the Engineering Department has reviewed the plans and specifications for the proposed project and has found them to be in compliance with current Town specifications and all necessary fees, bonds and insurance have been paid.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Public Improvement Permit #2004-01 for Eagle Heights Subdivision, Part 8, Phase 1, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Approve PIP #2004-02 for the Forest Creek Subdivision, Part 2A
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Engineering Department has received from Anthony Cimato, 9220 Transit Road, East Amherst New York, an application for a Public Improvement Permit to construct Part 2A of the Forest Creek Subdivision, and
WHEREAS, the project consists of the installation of 575 L.F. of roadway and public utilities to serve 8 new sublots, and
WHEREAS, the Engineering Department has reviewed the plans and specifications for the proposed project and has found them to be in compliance with current Town specifications and all necessary fees, bonds and insurance have been paid.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Public Improvement Permit #2004-02 for Forest Creek Subdivision, Part 2A, as recommended by the Town Engineer.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the developers for the Eagle Heights Subdivision, Part 8, Phase 1 have applied for a Public Improvement Permit #2004-01 with the intent of constructing the proposed new roads and utilities this spring, and
WHEREAS, at the present time, the Engineering Department does not have staff available for construction inspection on the project so the assistance of a consultant engineering firm will be required for that purpose, and
WHEREAS, the Engineering Department is in receipt of a proposal from R&D Engineering, Inc., to provide the services of Mr. Phillip Fintak for onsite inspection when required at a billing rate of $44.00 per hour which includes expenses, overhead and profit. Mt. Fintak has inspected construction work for the Town in the past and has proven to be very competent, and
WHEREAS, the Town has received $33,900.00 PIP Inspection Fees from the developer, which should be adequate to cover the costs of the consultant
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an Agreement with R&D Engineering, Inc., 280 Main Street, Suite 600, Buffalo New York, to provide inspection services on PIP #2004-01 for the construction of the Eagle Heights Subdivision, Part 8, Phase 1, as recommended by the Town Engineer.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the developers for the Forest Creek Subdivision, Part 2A have applied for a Public Improvement Permit #2004-02 with the intent of constructing the proposed new roads and utilities this spring, and
WHEREAS, at the present time, the Engineering Department does not have staff available for construction inspection on the project so the assistance of a consultant engineering firm will be required for that purpose, and
WHEREAS, the Engineering Department is in receipt of a proposal from Marquis Engineering & Construction management to provide the services of Mr. Darrin D. Peck for onsite inspection when required at a billing rate of $42.00 per hour which includes expenses, overhead and profit. Mr. Peck has inspected construction work for the Town in the past and has proven to be very competent, and
WHEREAS, the Town has received $13,250.00 PIP Inspection Fees from the developer, which should be adequate to cover the costs of the consultant
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an Agreement with Marquis Engineering & Construction Management, 6556 East Quaker Street, Orchard Park New York, to provide inspection services on PIP #2004-02 for the construction of the Forest Creek Subdivision, Part 2A, as recommended by the Town Engineer.
The resolution was unanimously adopted.
5) 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 Orchard Park Chamber of Commerce to erect a banner on the west side of South Buffalo Street near the railroad viaduct to promote the 2004 Orchard Park Community Expo, March 6th and 7th, at the Orchard Park High School.
The resolution was unanimously adopted.
6) 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 refer the following requests to the Planning Board and/or Conservation Board: Dan DeMarco, 4270 Abbott Road, requesting Change-In-Use from residential to business for a Beauty Salon, and Fox Run of Orchard Park, California and Big Tree Road, requesting Site Plan Approval to construct affordable housing and an adult home care for the elderly.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY KACZOR, TO WIT:
WHEREAS, the Town has been planning the Baker Road Reconstruction and two bridge replacements between Route 20A to the Milestrip Road intersection, and
WHEREAS, it is necessary to have a SEQR for this project
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town to seek Lead Agency for the proposed Baker Road Reconstruction and two bridge replacements, and instruct the Planning Coordinator to send out the necessary documents for the Coordinated Review.
Supervisor Cudney stated that the Engineering Department will hold an informational meeting on February 19th, 2004 in the downstairs meeting room in the Municipal Center at 6:00 PM, with a formal presentation scheduled for 7:00 PM. Supervisor Cudney thanked the Town Engineer for his efforts in facilitating this project.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the firm of Troy & Banks was retained by the Town to perform a franchise fee compliance review of the Adelphia Cable Franchise Agreement, and
WHEREAS, the objectives of this engagement were to examine the operator’s financial records, determine its level of compliance with the compensation terms as set forth in the franchise agreement to pursue collection of all amounts subsequently identified as due and owning, and
WHEREAS, the tasks specifically pertaining to the collection aspect of this assignment culminated in a negotiated settlement proposal that is fair and equitable to both the Town and Adelphia and it is the recommendation of Troy & Banks to execute the settlement agreement, which will enable Adelphia to process payment
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Settlement Agreement after review by the Town Attorney.
Supervisor Cudney stated that in the Agreement with Troy & Banks, the Town would receive half of the $55,550.00 Settlement Fee. Supervisor Cudney thanked Councilman Jemiolo for his involvement in this project.
The resolution was unanimously adopted.
Councilwoman Ackerman introduced Matthew Miller, who was in the audience with his grandfather, Leon Zwolinski. Matthew is working on his government studies merit badge for Troop #285 at the first class level.
Councilman Jemiolo stated that he has had the pleasure and honor to attend the D.A.R.E. graduations for the 5th graders that completed the program at the various Elementary Schools. Councilman Jemiolo praised the wonderful job of the D.A.R.E. Officer, John Payne.
Councilman Kaczor announced the Recreation Department is holding a Family Skate Party at Green Lake/Yates Park on February 14th, 2004 from 6:00 PM to 9:00 PM with a bonfire, food and drinks. It is sponsored by Cappelli’s Pizzeria, McCarthy Ford, Subway, Orchard Park Jaycees and the Orchard Park Recreation Department. Councilman Kaczor also announced that the Recreation Department is hiring for positions for the summer staff and applications are available at the Recreation Building at Yates Park.
The Building Inspector stated that Bryant & Stratton Southtowns Campus is beginning their site work. He also stated that David Jensen would be working as a part-time seasonal employee starting February 9th, 2004 for the next five months.
DEPARTMENT HEADS FROM THE FLOOR
Linda Yancey the Town Assessor stated that Beverly Hammersmith is retiring and would like to thank her for her 15 years of service. She stated there will be a gathering this coming Friday in her office from 2:00 PM to 3:00 PM for anyone who would like to wish Beverly well. The Town Assessor also mentioned that this is the time of year for the Star Tax Exemptions, which she explained for the audience and Town Board. There are also Senior, Agricultural, Veterans and Disability Exemptions.
Ed Leak the Recreation Director was present this evening, with no report.
9) 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 approval of all entries on Warrant #3 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 132,188.93 |
|
Part Town Fund |
7,680.08 |
|
Risk Retention |
1,663.66 |
|
Highway Fund |
69,240.58 |
|
Special Districts |
62,320.26 |
|
Trust & Agency |
9,109.31 |
|
Capital Fund |
373,453.34 |
The resolution was unanimously adopted.
Approve the following Communications
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following Communication listed on the agenda: Report from the Erie County Commission on the Status of Women in Erie County 2003.
The resolution was unanimously adopted.
Approve the following Report
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following Reports listed on the agenda: Chief of Police’s Monthly Report for January 2004 and the Board of Ethics Annual Report for 2003.
The resolution was unanimously adopted.
Nicholas Taneff, 279 Summit Avenue: Mr. Taneff asked if the code violations for the Kettles Restaurant are close to being in compliance and the Building Inspector stated that they are. Mr. Taneff would like the Town to adopt legislation to address swift and strict enforcement against business and residential code violators. Supervisor Cudney agreed and explained that the Building Inspector has been working on a new procedure for appearance tickets, which would bring the violators to court more quickly. Councilman Jemiolo added that there would be a Public Hearing in the near future on this specific subject with possible language and fee changes.
John Marlow, 47 Brookins Green Drive: Mr. Marlow asked for clarification on the Birdsong Parkland Environmental Center and the requirements for personnel maintenance. The Town Engineer explained that the Grant proposal is mainly for trails and the buildings are for a storage room and restroom. Supervisor Cudney stated that this would be a passive recreation area and would not be regularly staffed. Mr. Marlow asked if the proposed Fox Run Project would be low income housing, which Supervisor Cudney stated that, her understanding is, a portion would be.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, to wit; the meeting was adjourned at 7:25 PM (local time).
Respectfully Submitted,
Town Clerk