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 7th day of January 2004 at 7:03 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
David Holland Assistant Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
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 COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on December 3, 2003 and December 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.
2) 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 the Supervisor to sign the Renewal Contract with the County of Erie for the Senior Citizen Going Places Van for the Year 2004.
The resolution was unanimously adopted.
3) 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 approve of the 2003 Public Stable Permit for Chestnut Creek Farm, Ann Pascarella, 5624 Chestnut Ridge Road.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby appoint Sally Wales to the Assessment Clerk Position, from the Erie County Civil Service List, scoring #1 in Erie County. The position is classified at Range 0004, Step A, at an hourly rate of $12.99 on the White Collar Union Scale, effective hire date of January 5, 2004.
Supervisor Cudney stated that presently Ms. Wales is filling the vacancy in the Assessor’s Office, due to the retirement of Joan Humphrey. She also stated that Sally has been working part-time for seven years in the Assessor’s Office. She congratulated Sally on being #1 in Erie County on the Civil Service Exam and stated that the Town is fortunate to have her working full time.
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 except the resignation from Stan Polanski as Chairman of the Trails Task Force Committee due to commitments to his employer.
The Town Board thanked Mr. Polanski for his services. Supervisor Cudney urged any residents interested in serving on the Trails Task Force to submit letters of interest and resumes to either the Town Clerk or the Supervisor’s Office.
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 to the Planning Board and/or Conservation Board the following application: CRS Property Services Company, LLC, Milestrip Road. To rezone property for a proposed affordable senior housing community. The project requires the rezoning of 13.91 + acres from R-3 Residential and B-2 Business to SR-Senior Residential. The project also involves the development of 5 + residential lots for single-family homes.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
7) 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 transfers:
Assessor’s Office:
$ 1,339.89 From: A.1355.0427 Star Expenses
To: A.1355.0460 Outside Appraisals
$ 504.49 From: A.1355.0413 Travel & Conference
To: A.1355.0460 Outside Appraisals
$ 405.62 From: A.1355.0136 Star Clerical
To: A.1355.0460 Outside Appraisals
The resolution was unanimously adopted.
8) 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:
Recreation Department:
$ 484.00 From: A.7020.470 Trophies & Ref. Fees
To: A.7020.459 Training
The resolution was unanimously adopted.
9) 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 authorize the appointment of Councilwoman Nan Ackerman as the representative for the Town to the N. E. S. T. Solid Waste Consortium, and be it further, Supervisor Toni Cudney as Alternate, for Year 2004.
The resolution was unanimously adopted.
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 to amend the road completion date for the Bryant and Stratton Southtown Campus Project from December 1, 2003 to June 30, 2004, as recommended by the Building Inspector.
The resolution was unanimously adopted.
Councilwoman Ackerman thanked the residents who elected her this past year. She stated it was an honor and privilege to serve four more years as their representative, and she is looking forward to working with the Town Board and Town officials.
Councilman Jemiolo congratulated all the newly and reelected officials and committee members. He also stated that the Rotary Club is checking into possibly taking over the New Years Eve Ball Drop which has not taken place for several years.
Councilman Kaczor congratulated committee members and the elected and reelected town officials. He also spoke on behalf of getting funding and proposed that the Town Board and the Historical Society contact Legislator McCarville and Erie County Executive Giambra, for financial assistance in maintaining the Jolls House just as the Amherst Museum is presently doing.
Councilwoman Ackerman acknowledged the efforts of Yassey Gibson, who is the coordinator and director of the Jolls House Museum.
Supervisor Cudney stated that the Jolls House is owned by the Town but operated by volunteers of the Historical Society who are to be applauded and recognized for payment for all the inside work and utility bills. She also stated the Town annual budget for the Jolls House is only $2,000, which is a great value for the taxpayers. Especially when compared to the budget for the Amherst Museum.
Councilman Mills wished everyone in the community a safe, healthy and prosperous New Year. He stated he is happy to be back on the Town Board and looking forward to working with his colleagues for the betterment of the Town. Councilman Mills congratulated the Police Department on the safety rating of the Town, as reported in “Buffalo Business First” Newspaper.
Town Clerk Colarusso stated that she enjoys her job and thanked everyone on her reelection .
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, Agnes Kuhaneck is the owner of property commonly known as 5203 Ellicott Road, Town of Orchard Park which she acquired by deed recorded on April 6, 1946 in the Erie County Clerk’s Office in Liber 3869 of Deed at page 388 and which consists of approximately 3.871 acres more or less, and is shown on the attached survey of James Shisler, Job No. 03279 dated May 27, 2003, and
WHEREAS, the above said premises is located westerly and adjacent to the west line of Lakeridge Subdivision as shown on Map Covers 2510 and 2528. Said subdivision contains a 20 foot wide storm sewer easement to the Town of Orchard Park recorded at Liber 10093 of Deeds at page 573 in the Erie County Clerk’s Office and appears to terminate at the easterly bounds of the said Kuhaneck lands 24.5’ by means of an 18 inch pipe, and
WHEREAS, there does not appear to be any written agreement allowing such pipe to so trespass on said premises
THEREFORE, be it
RESOLVED, that the Town of Orchard Park will enter into a Storm Sewer Easement Agreement that will indemnify and hold-harmless the current owner, Kuhaneck, and all subsequent owners of the premises, and be it further
RESOLVED, that the Town of Orchard Park will completely maintain said storm sewer easement without expense to said current owner and all future owners of said premises.
The resolution was unanimously adopted.
Highway Superintendent Ronald Geitter congratulated all newly elected and reelected officials and committee members, and especially Lorraine Biryla as the new Chair to the Planning Board.
Town Engineer Bieler congratulated the newly elected and reelected town officials. He stated he was looking forward to working with them.
DEPARTMENT HEADS FROM THE FLOOR
Assessor Linda Yancey thanked the Town Board for the appointment of Sally Wales as Assessment Clerk.
Recreation Director Ed Leak and Receiver of Taxes Carol Hutton were present this evening had no reports to give.
12) 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 #1 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$181,321.22 |
|
Part Town Fund |
6,937.59 |
|
Risk Retention |
204.38 |
|
Highway Fund |
59,706.15 |
|
Special Districts |
52,919.89 |
|
Trust & Agency |
11,287.27 |
|
Capital Fund |
44,893.47 |
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following Communications listed on the agenda: Notice of Association of Towns of the State of New York Training School and Annual Business Meeting, February 15-18, 2004.
The resolution was unanimously adopted.
14) 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 to approve the following Reports listed on the agenda: Chief of Police’s Monthly Report for December 2003.
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: He wished all the elected officials good luck.
Ernest Kupinski, 6740 Milestrip Road: He wanted to make sure he would be notified of the proposed rezoning of property on Milestrip Road for a proposed project that has been referred to the Planning Board and/or Conservation Board. Supervisor Cudney stated that there will be Public Hearings where the public input will be heard and this is just the start of the process.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Councilwoman Ackerman to wit; the meeting was adjourned at 7:24 PM (local time).
Respectfully Submitted,
Town Clerk