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 18th 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
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
Michael Sherry Police Captain
Wayne Bieler Town Engineer
ABSENT: Nancy W. Ackerman Councilwoman
Ronald A. Geitter Superintendent of Highways
Samuel McCune Chief of Police
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 MILLS, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on January 21st and February 4th of 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.
The resolution was unanimously adopted.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, sealed bids for Town of Orchard Park Meter Change-Outs Project where opened on February 12, 2004, and
WHEREAS, the Engineering Department and the Erie County Water Authority have reviewed the itemized prices of the eight contractors who submitted bids, and
WHEREAS, the lowest bidder for this project was D.V. Brown & Associates, Inc., with a low bid of $184,400, which was well below the engineer’s estimate for this project, and
WHEREAS, the company has been in business since 1992 and has the qualifications and experience to perform this work adequately without reservations about their capabilities
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby award the Bid for the Town of Orchard Park Meter Change-Out Project to the lowest responsible bidder, D.V. Brown & Associates, Inc., 567 Vickers Street, Tonawanda, New York 14150 in the amount of $184,400, as recommended by the Town Engineer.
Town Engineer Wayne Bieler stated that prior to the Erie County Water Authority taking over the Town Operated Water Systems of Orchard Park, the ECWA requires the Town of Orchard Park to change out all the older meters that are currently in place. This does not affect the areas in Orchard Park that are currently being served by the ECWA.
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, CRS Property Services, LLC, 13.91 acres of vacant land, north side of Milestrip Road, east of Provincetown Lane has requested rezoning from R-3 to SR in order to construct an affordable senior housing facility, and
WHEREAS, the Planning Board, 2/11/04, recommends that the Town Board initiate a Coordinated SEQR review and seek Lead Agency Status for this project, and in addition, the Planning Board recommends that Part Three of the Long EAF include discussion regarding possible impacts the project would have on the surrounding area.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby initiate a Coordinated SEQR review and to seek Lead Agency Status for CRS Property Services, LLC, 13.91 acres of vacant land, north side of Milestrip Road, east of Provincetown Lane requesting to rezone from R-3 to SR in order to construct an affordable senior housing facility and to have the EAF address the concerns listed below by the Planning Board.
§ Traffic, with emphasis on site distances and traffic volumes
§ Possible wetlands on the site
§ Public services, such as police, fire and highway
§ Noise in the area
§ Buffering of nearby residents
§ Lighting
§ Safety access to the senior residential zone
§ Maintenance of the newly created public road and configuration
§ Possible archeologically sensitive areas on the site
§ Ravines and waterways
§ Wildlife in the area
§ The character of the neighborhood
§ The demand for this type of housing
§ The cumulative impact of this project, along with other similar projects currently in or through the approval process
Councilman Mills stated that he feels this project will greatly impact the area surrounding the proposed project and feels the Town Board should be very cautious in their review of this project.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Contract between the Town of Orchard Park and Skylighters of Western New York for the 4th of July Fireworks Display, at a price not to exceed $4,400.00.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for March 17, 2004 at 7:00 PM (local time) in the matter of a Proposed Local Law for the Year 2004 to consider changes to the Town Code of Ordinances Chapter 52, Conservation Easement, as recommended by the Town Assessor, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
Supervisor Cudney stated that the Conservation Board, who was also involved in the initial stages of the Conservation Easements, has reviewed the proposed changes and they are unanimous in their recommendation of the proposed changes.
Councilman Jemiolo stated that the proposed changes to the Conservation Easement would help preserve the Town’s open/green space for longer periods of time and the land will not necessarily be under Town ownership. He also stated that this will help slow down the development boom this Town is experiencing.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from the Orchard Park Garden Club to erect a tent on Town property at the Railroad Depot on May 14th & 15th for their Annual Plant Sale, and be it further
RESOLVED, the Orchard Park Garden Club does hold a Certificate of Liability Insurance for this event
that will be sent to the Town.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town Board has reviewed the Town’s capital projects, and
WHEREAS, the Town has determined that the Senior Center Roof and Building Repair Project (project H49) has received certain grants and is over-funded, and
WHEREAS, these funds may be used for other projects as the Town determines to be appropriate
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the transfer of $100,000 from the Senior Center Roof and Building Repair Project (project H49) to the General Capital Reserve (project H27).
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Town Board has reviewed the Town’s capital projects, and
WHEREAS, the Town has determined that the purpose of the Town-wide Comprehensive Water Study (project H25), the Little League Access Road (project H37) and the Windom Avenue Reconstruction (project H50) have been completed, and
WHEREAS, there are funds remaining in each of these projects
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the closing of the Town-wide Comprehensive Water Study (project H25), and the Little League Access Road (project H37) and the Windom Avenue Reconstruction (project H50), and be it further
RESOLVED, that the Town Board does hereby authorize transfer of the remaining funds in the Town-wide Comprehensive Water Study (project H25) and the Little League Access Road (project H37) to the General Capital Reserve (project H27), with the remaining funds in Windom Avenue Reconstruction (project H50) to be transferred to the Road Reconstruction Reserve (project H58).
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the purpose for the Centre Drive/20A Intersection (project H28) has been completed, and
WHEREAS, the project has remaining funds of $63,860.54 which were originally transferred from the Town’s Highway Fund, and
WHEREAS, the Town wishes to use the remaining funds for additional projects relating to road reconstruction and repair
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the closing of the Centre Drive/20A Intersection (project H28) and the transfer of the remaining fund balance of $63,860.54 to the Road Reconstruction Capital Reserve (project H58).
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town Board wishes to repair and improve parking lots at various town facilities, and
WHEREAS, the Town wishes to proceed with appropriate planning, specifications and implement such parking lot improvements, and
WHEREAS, funding for this capital need is available in the Town’s General Capital Reserve account
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the establishment of a capital project entitled Parking Lot Improvements Project (project H65) with authorized appropriations of $30,000, and be it further
RESOLVED, that the Town Board does hereby authorize a transfer of $30,000 from the General Capital Reserve (project H27) to the above referenced project.
The resolution was unanimously adopted.
11) 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 refer to the Planning Board and the Conservation Board the request from Karen Wehrfritz requesting a Change in Use for the property located at 2799 Southwestern Boulevard, from Residential to Commercial to operate a beauty salon. The property is currently zoned B-2 and is owned by Joseph DeMarco.
The resolution was unanimously adopted.
12) 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 refer to the Planning Board and Conservation Board the request from Chautauqua Inns, Ltd., 7295 Jewett Holmwood Road, to rezone property from R-1 to B-2 for the purpose of operating a restaurant and retail antiques furniture store.
Councilman Jemiolo stated he has been thinking about this request that has come before him and he feels this is not appropriate for an R-1 zone. He stated the SEQR process is an expensive one, he does not feel the findings will change his mind on this project. He stating his points now, so that the Chautauqua Inns can be aware of his feelings up front. He also stated he feels that this could be a good project in the right zone.
Councilman Kaczor said that he has concerns about this project and feels there are too many negatives for him to be comfortable with this project, and he will not support it.
Supervisor Cudney stated that she is willing to look at this project, and the Town Board should think “out of the box on this”, as it involves the Harry Yates Farm, a historic house and barns. The current owner operates a horse farm and riding academy, which produces a lot of traffic now. Supervisor Cudney said her fear is that someone will buy the property, demolish the current structures and build subdivision. She feels that if this is a good project, it can be done with conservation easements and restrictions to keep the property intact for posterity and green space.
Councilman Mills said he feels that there are many different aspects involved with this project. He has never liked spot zoning, but he would also hate to see a subdivision go into that area. Councilman Mills said he likes the Yates Farm just the way it is, a lot of people do, but to keep it that way, you would have to buy it. Because this is such a significant, out of the box approach to saving green space, Councilman Mills wants to hear the residents thoughts on it before setting the project in motion. Councilman Mills stated he feels a Public Information Meeting should take place before this is referred to the Planning Board. He also said that he is not sure what the Planning Board will do with this request as it is a Zoning issue first.
Supervisor Cudney Aye
Councilwoman Ackerman Absent
Councilman Jemiolo Aye
Councilman Kaczor Aye
Councilman Mills Nay
The resolution was duly adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Town’s Historian has prepared a book describing the history of the Town of Orchard Park, and
WHEREAS, the Town Historian has published and sold such book and wishes to donate the proceeds from the sale of this book to the Town, with such proceeds to be used to fund additional historical related expenditures, and
WHEREAS, the Town wishes to accept the proceed from the historical book sale and authorize the use of such proceeds for historian use
RESOLVED, that the Town Board does hereby accept proceeds in the amount of $2,300 from the sale of the historic book and authorizes the amending of the 2004 adopted budget to authorize additional appropriations of $2,300 in the account A.7510.419 “Historian – Other Expenses” and to estimate additional revenues of $2,300 in account A.2770.001 “Other Revenue”.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town Board held a Special Meeting during their February 11, 2004 work session, and
WHEREAS, the Town Board authorized the Supervisor to sign the Memorandum of Agreement between the Town of Orchard Park and the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Orchard park White Collar Unit of Local 815, and
WHEREAS, the Town Attorney recorded the minutes of this meeting,
NOW, THEREFORE, be it
RESOLVED, that the minutes of the Town Board Special Meeting, held on February 11th of the Year 2004, as presented by the Town Attorney, 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.
Supervisor Cudney wished to publicly congratulate Orchard Park’s Town Clerk, Janis Colarusso, for being elected Erie County’s Town Clerk of the Year by her fellow Erie County Town Clerk’s Association. She said that when your peers single you out, that is the highest honor that you can have. Supervisor Cudney said that Ms. Colarusso has certainly made Orchard Park proud and this award reflects the hard work of Ms. Colarusso and her staff.
Supervisor Cudney stated an Informational Meeting for the Baker Road Bridge and Road Reconstruction is being held on February 19, 2004 at 6:00 PM in the Municipal Center. The public can come and look at the designs, ask questions and give their opinions on this project. Supervisor Cudney also announced that she is starting her Supervisor’s Coffee Hour up again. The public is invited to this informal meeting on Saturday, February 21st at 10:00 AM.
Councilman Jemiolo congratulated Town Clerk Janis Colarusso on her award.
Councilman Kaczzor congratulated Town Clerk Janis Colarusso on her award. He also stated that the Recreation Departments Skate Party on Saturday night was a huge success. Over 400 people attended and enjoyed the event. Councilman Kaczor wished to recognize the Recreation Director, Ed Leak, for all his contributions, and he also wished to recognize Cappelli’s Pizzeria for the donation of the food for that evening, the Jaycees for their assistance and the Recreation Staff for their contributions. Councilman Kaczor stated that the Recreation Commission sent a memo to the Town Board, which he read, noting that Ed Leak has been a major impetus for all the changes made in the past year and wished to make sure that the Town Board is aware of Mr. Leak’s initiative and leadership, and all his achievements in 2003.
Councilman Mills congratulated Town Clerk Janis Colarusso on her award. Councilman Mills stated that residents in the Westgate/Cherokee Drive asked to have further parking restrictions in the area because of the number of people who use their neighborhood to park for Church events.
At this time all Department Heads congratulated Town Clerk Janis Colarusso on her award.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of the residents on Westgate and Cherokee Drive to have the parking restricted further in their neighborhood, to the Public Safety Committee.
The resolution was unanimously adopted.
Town Clerk, Janis Colarusso, stated that it was a great honor to receive the Town Clerk of the Year award from her fellow Town Clerks and thanked everyone for their support. Ms. Colarusso said it is all the wonderful people she works with at the Town Hall that make her job so great.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, Janik Paving & Construction Inc., the contractor for the Comprehensive Water System Improvement Part 1 has added a second water main installation crew and is anticipating using multiple crews for the duration of the project, and
WHEREAS, at the present time, the Engineering Department does not have staff available for supplying an additional construction inspector on this project so the assistance of a consultant engineering firm will be required for that purpose, and
WHEREAS, the Town is in receipt of a proposal from R&D Engineering Inc. to provide the services of Mrs. Laurel M. Donacik for onsite inspection, when required, at a billing rate of $52.00 per hour which includes expenses, overhead and profit. Mrs. Donacik has inspected water line construction work for other towns and has proven to very competent, and
WHEREAS, the Town has appropriated funding for the Comprehensive Water System Improvement Projects under Capital Project H-48, 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., 268 Main Street, Suite 600 Buffalo, New York 14202 to provide inspection services on Comprehensive Water System Improvements Part 1.
The resolution was unanimously adopted.
DEPARTMENT HEADS FROM THE FLOOR
Town Assessor, Linda Yancey, stated that the County has proposed, and will probably pass, a raise in the income limits for seniors to get tax exemptions. Ms. Yancey also stated that the Town Law that allows the addition of medical expenses has helped the seniors get even greater tax savings in which they truly appreciate.
Ed Leak, the Recreation Director, pesent in the audience and had no report.
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 the approval of all entries on Warrant #4 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$69,813.28 |
|
Part Town Fund |
$1,878.98 |
|
Risk Retention |
$1,507.49 |
|
Highway Fund |
$40,865.50 |
|
Special Districts |
$107,434.44 |
|
Trust & Agency |
$1,194,638.18 |
|
Capital Fund |
$166,658.60 |
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following Reports listed on the agenda:
§ Building Inspectors Monthly Report and Building permits for January 2004
§ Control of Animals 2003 yearly Statistics Report, including Rabies and West Nile Virus Information and a report on the Canadian Geese on Green Lake.
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn questioned having to pay for the water meter change-out. It was explained that he is already in a lease-managed water district, therefore this will not impact him. It is the residents who are not currently in Erie County leased-managed water districts, that are getting their water service from the Town, who are required to have the new water meters by the Erie County Water Authority prior to taking over the service. The new meters will then be charged back to the appropriate water districts.
Nick Taneff, 279 Summit Road: Mr. Taneff has questions regarding the ownership of the cell tower on Southwestern Blvd, and if there will be any changes with Singular taking over the assets of ATT Wireless.
Scott Kroll – Orchard Park Jaycees: discussed some of the projects they have coming up:
§ Outstanding Young New Yorker Program – a scholarship program open to all New York State High School Seniors
§ Easter Egg Hunt – April 3rd at Yates Park with the Recreation Department
§ Adopt a Soldier Program
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, to wit; the meeting was adjourned at 7:52 PM (local time).
Respectfully Submitted,
Town Clerk