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 July 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
Samuel McCune Chief of Police
Wayne Bieler Town Engineer
ABSENT: Nancy W. Ackerman Councilwoman
Ronald A. Geitter Highway Superintendent
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 MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Town has received an application for a Public Improvement Permit from Elliot Laskey, Barrington Heights Partnership, 2635 Millersport Highway, Getzville NY, to construct Part 1, Phase 3 of Barrington Heights Subdivision, and
WHEREAS, the proposed phase will include the installation of 2,275 L.F. of roadway and public utilities to serve 36 residential sublots, and this will be the final phase for Part 1 of the Barrington Heights Subdivision, and
WHEREAS, the Town Engineer has reviewed the plans and specifications for the proposed project and found them to be in compliance with current Town specifications, and they are in receipt of all necessary fees, bonds and insurance’s
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Public Improvement Permit 2004-06 for the Barrington Heights Subdivision, Part1, Phase 3, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business # 2 PIP # 2004-06 Lowe's Home Improvement Center
WHEREAS, the Town has received an application for a Public Improvement Permit from Lowe’s Companies, Inc., 268 East, N. Wilkesboro, North Carolina, to construct a watermain extension along Orchard Park Road and Southwestern Boulevard, and
WHEREAS, the project consists of the installation of 1,125 L.F. of 12” watermain to provide service for the new Lowe’s Home Improvement Center on Southwestern Boulevard, and
WHEREAS, the plans and specifications for the proposed project have been reviewed by the Town Engineer and been found to be in compliance with current Town specification’s, and they are in receipt of all necessary fees, bonds, and insurances
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Public Improvement Permit 2004-06 for the Lowe’s Home Improvement Center watermain extension, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Change Order #4,Wendle Duchscherer and Agreement for Inspection Services
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town of Orchard Park is near completion with the Comprehensive Water System Improvements Part 2, and is anticipating the startup of the Lowe’s Home Improvement Center Watermain Extension and the Milestrip Road Watermain Replacement Project on July 8, 2004, and
WHEREAS, at the present time, the Engineering Department does not have staff available for construction inspection on these projects, therefore the assistance of a consultant engineering firm will be required, and
WHEREAS, the Town Engineer has a proposal from Wendel Duchscherer Architects & Engineers to continue the services of Mr. Craig Wilson, who has inspected construction work for the Town in the past and proved to be very competent for onsite inspection at a billing rate of $61.50 per hour, an increase due to annual salary increases, and
WHEREAS, the Town has appropriated funding for the Comprehensive Water System Improvement Projects under Capital Project H-48, and received $6,010.00 in PIP fees from Lowe’s Home Improvement Center, which should be adequate to cover the costs of the consultant
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Change Order #4 to the Comprehensive Water System Improvements Part 2 Contract ,and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Wendel Duchscherer Architects & Engineers, 95 John Muir Drive, Suite 100, Amherst, New York 14228, to provide additional inspection services on Lowe’s Home Improvement Center Watermain Extension, PIP #2004-06, and the Milestrip Road Watermain Replacement Project, as recommended by the Town Engineer.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, two additional work items need to be performed on the Baker Road Reconstruction and URS Corporation has submitted their costs to perform these two additional items under their contract:
§ New York State Department of Environmental Conservation requested that a wetland abutting the project be surveyed to demonstrate the projects impact to the wetlands, which is also a requirement for obtaining the Freshwater Wetland Permit, and the work entails two separate surveys to locate boundary points flagged by the NYSDEC, and to set monuments wherever the wetland boundaries cross the Town’s right-of-way, for a proposed fee of $2,900, and
§ Preliminary centerline stakeout of the new roadway alignment to enable private utility companies to begin overhead line relocation for a proposed fee of $9,950.00
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Change order #2 to the original contract with URS Corporation, 640 Ellicott Street, Buffalo, NY 14203 for the Baker Road Reconstruction Project in the amount of an increase of $12,850.00, which would increase the total contract amount to $288,864.04, an increase of 4.66%, as recommended by the Town Engineer.
The resolution was unanimously adopted.
5) 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 approve the request of Unity Southtowns, 2881 Southwestern Boulevard, to put up a temporary 4 ft. x 8 ft. sign from July 10th through August 22nd, for two upcoming events. The first to be a Special Service on July 25th and the second event to be the 4th Annual Unity Health & Wellness Fair on August 22nd.
The resolution was unanimously adopted.
6) 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 approve the request of Good New Family Church, North Buffalo Street (Saville’s Plaza) to display a temporary sign for a period not to exceed 90 days, while they work on their permanent sign.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby approve the following appointments to the Recreation Department 2004 Spring/Summer Staff, pending submission of the required certifications, as recommended by the Recreation Director:
Pete Rozwood 4944 Richmond Ave. Lifeguard
Amanda Gehring 51 Lakewood Aide
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, Erie County Civil Service has approved the addition of a Code Enforcement Officer, Competitive Class for the Town of Orchard Park, and
WHEREAS, the Town of Orchard Park is in need of a full time Code Enforcement Officer
RESOLVED, that the Town Board does hereby authorize the creation of one Code Enforcement Officer, competitive class position, and be it further
RESOLVED, that the Town Board does hereby appoint David K. Jensen, 7 South Davis Street, to Code Enforcement Officer provisional, pending meeting all Civil Service requirements, at CSEA White Collar Union Wage Scale Range 0007, Step C effective July 12, 2004.
The resolution was unanimously adopted.
New Business #9 Refer to Public Safety Committee
9) 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 refer the request of the Bielak Road residents, to install two stop signs at the intersection of Lakeview Road and Bielak Road, to the Public Safety Committee
The resolution was unanimously adopted.
New Business #10 Refer to the Planning Board and/or Conservation Board
10) 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 the request of Benderson Development to rezone property at 3930 North Buffalo Street from B-1 to B-1 special exception use, for the purpose of medical/office use, to the Planning Board and the Conservation Board.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town wishes to further improve and expand enforcement of codes within the Building Inspector’s Department, and
WHEREAS, the Town has received appropriate approval for employment of a full time code enforcement officer, and
WHEREAS, the Town wishes to fund the additional costs of this position with revenues to be generated from safety inspection fees,
RESOLVED, that the Town Board hereby authorizes the amending of the 2004 adopted budget as follows: Increase appropriations:
B.3620.109 Salary Code Enforcement Officer $5,310
B.9010.810 State Retirement 660
B.9030.812 Social Security 330
B.9045.815 Life Insurance 15
B.9060.814 Hospital and Medical Insurance 3, 890
B.9090.817 Medicare 80
B.9080.818 Dental Insurance 200
Increase estimated revenues:
B.1560.000 Safety Inspection Fees $10,485
The resolution was unanimously adopted.
12) 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 transfer as requested by the Town Assessor
$1,000 From: A.1355.0442 (Computer Software)
To: A.1355.455 (Board of Assessment Review)
$1,100 From: A.1355.0427 (Star Expenses)
To: A.1355.0455 (Board of Assessment Review)
The resolution was unanimously adopted.
Supervisor Cudney wished to recognize Sue Kulp, our Town Historian, and Sally Diggens for their outstanding contributions to the 4th of July Parade. She stated this year is the 200th anniversary of the first Orchard Park settler, David Eddy. Sue and Sally, along with their committee, helped organize several historical floats for the parade. Supervisor Cudney also thanked all the people that participated in the parade and braved the inclement weather conditions.
Councilman Kaczor thanked the Recreation Commission, the Recreation Department and the Highway Department for all their hard work in getting the new play ground at Yates Park up and running.
Councilman Mills stated that he was impressed with the number of people who showed up and supported the 4th of July parade and the fireworks display. He also stated that the spirit and quality of the people who volunteer their time to an event like this is a tribute to the Town. The Police Department, the Chamber of Commerce, the Pavilion Committee and many others, managed to turn a disaster into a very nice party for the 4th of July celebration.
Building Inspector, Andy Geist, thanked the Town Board for creating and filling the full time Code Enforcement Officer position. It will be a tremendous help.
DEPARTMENT HEADS FROM THE FLOOR
Recreation Director Ed Leak was present in the audience. He had no report this evening.
13) 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 authorize the approval of all entries on Warrant #13 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$221,212.80 |
|
Part Town Fund |
$7,827.81 |
|
Risk Retention |
$0.00 |
|
Cemetery Fund |
$24.99 |
|
Highway Fund |
$76,364.27 |
|
Special Districts |
$68,402.76 |
|
Trust & Agency |
$137,280.39 |
|
Capital Fund |
$628,546.57 |
The resolution was unanimously adopted.
14) 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 receive and file the following communications:
§ Letter from Erie County Legislator Steven McCarville stating the Erie County Legislature approved an inter-municipal agreement between the County and City of Buffalo for maintenance of the City of Buffalo Parks on Friday, June 18, 2004.
§ Erie County Department of Public Works, Division of Highway, announcement regarding whom to call for County road problems on weekends and off-hours.
§ The Democratic National Committee will be conducting a door-to-door canvass in the Town of Orchard Park.
§ Town of Boston has scheduled a Public Hearing, July 14, 2004 @ 8:00 PM, to consider the petition for annexation from the Town of Orchard Park into the Town of Boston for property on Woodlee Court.
The resolution was unanimously adopted.
15) 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 receive and file the following report listed on the agenda:
§ Chief of Police’s Monthly Report for June 2004
The resolution was unanimously adopted.
Joseph Ippolito – 3085 Southwestern Boulevard: Mr. Ippolito is upset with the new tax assessments and feels they are unfair.
Marvion Ashburn – 6326 Benning Road: Mr. Ashburn is also upset with the new tax assessments. He does not understand why our Town has to adhere to standards of other towns.
Esther Ashburn – 6326 Benning Road: Mrs. Ashburn is upset with the new tax assessments and Conservation Easements.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, to wit: the meeting was adjourned at 7:30 PM (local time).
Respectfully Submitted,
Town Clerk