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 21st 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
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.”
This meeting was opened up in honor of John “Jonsey” Capriotto who passed away this week. “Jonsey” served for many years on the Orchard Park Fire District Board of Fire Commissioners, Supervisor Cudney stated the Town Board honored Mr. Capriotto just recently with a proclamation recognizing his outstanding citizenship, service and dedication to his hometown and to his community. She stated this Town Board is very saddened by this loss to our community.
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 June 2nd, 16th, 23rd and July 7th 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.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for August 18, 2004 at 7:00 P.M., in the matter of the request by Jim Ball to rezone vacant land, northwest corner of Southwestern Boulevard and Mid-County Drive, from I-1 and R-4 to B-2 to construct a new car dealership, as recommended by the Planning Board, 7/14/04. This is an Unlisted SEQR Action and a Negative Declaration is recommended.
The resolution was unanimously adopted.
New Business #1 Authorize NYSEG to install 18 light fixtures in Barrington Heights Subdivision
WHEREAS, the Town has received a proposal from NYSEG for the connection of decorative street light fixtures on Greystone Lane, Highcrofte Lane and Templeton Lane in the Barrington Heights Subdivision where there are twenty-one (21) single family homes occupied in this portion of the subdivision, with another two (2) are currently under construction, and
WHEREAS, the 70-watt H.P.S. luminaires, which will be owned by the Town, will be placed on top of aluminum posts that were installed by the developer under PIP #2002-03, and NYSEG will only supply electric, maintain the bulbs and the electric eye of the luminaires, and the proposal is for seventeen (17) luminaires to be connected at an annual charge of $47.14 each, for a total of $801.38, and
WHEREAS, the Lighting Committee, along with the Engineering Department, has determined that it would be beneficial to the Town to go to a service class 2 arrangement with NYSEG on all future subdivision decorative lights, since this decision was made after the PIP approval of Barrington Heights Subdivision, Part 1 Phase 1, the developer was not required to install the luminaires as part of their Public Improvement Permit, and
WHEREAS, in order for the Town to take advantage of the service class 2, the Town would have to buy and install the luminaires for this subdivision, and Shanor Electric quoted $168.00 per luminaire & photo eye, with a minimum purchase of 20 luminaires
RESOLVED, that the Town Board does hereby authorize the purchase of twenty (20) luminaires & photo eyes from Shanor Electric at a cost not to exceed $3,360.00 to the Consolidated Light District, and be it further
RESOLVED, that the Town Board does hereby authorize NYSEG to connect seventeen (17) 70-watt high-pressure sodium decorative light fixtures on Greystone Lane, Highcrofte Lane and Templeton Lane at the cost of an annual increase of $801.38 to the Consolidated Light District in accordance with the proposal dated July 14, 2004, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Authorize NYSEG to install one light fixture on Chestnut Ridge Road
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has received a request from Mr. Robert LaBello, 6545 Chestnut Ridge Road to have an additional street light installed in the area of his house on Chestnut Ridge Road, and
WHEREAS, the Lighting Committee canvassed the surrounding owners to see if they would be agreeable to additional lighting in the area, and since there were no objections, NYSEG was contacted to study the area and make recommendations, and
WHEREAS, NYSEG gave the Town a proposal to install a 100-watt HPS luminaire and an 18’ bracket on and existing NYSEG pole at an annual cost of $149.59
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize NYSEG to install (1) 100 watt high pressure sodium luminaire and bracket on pole 399 line 589 which is located across the street from Robert LoBello, 6545 Chestnut Ridge Road, at the cost of an annual increase of $149.59 to the Consolidated Lighting District in accordance with NYSEG proposal dated July 14, 2004, 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 COUNCILMAN MILLS, TO WIT:
WHEREAS, the Engineering Department is requesting the Town Board to approve a Change Order to the contract with Kandey Company Inc., for the Comprehensive Water System Improvements Project – Part 2 in the amount of an increase of $5,360.00, and if approved this would increase the total contract amount to $1,410,552.89, representing an increase of 0.38%, and
WHEREAS, this Change Order consists of the installation of a new hydrant at 3689 California Road, which is necessary for proper fire protection of the newly constructed building at this address, which is owned by Joseph DeMarco, and he is going to place $5,360 in escrow to fully reimburse the Town for the installation of this hydrant
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Change Order #2 to the contract with Kandey Company Inc., for the Comprehensive Water System Improvements Project – Part 2 in the amount of an increase of $5,360.00, contingent upon receiving the escrow from Joseph Demarco, as recommended by the Town Engineer.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Engineering Department is requesting approval of a Change Order to the contract with Janik Paving & Construction Inc., for the Comprehensive Water System Improvements Project – Part 1 in the amount of an increase of $14,912.24, which would increase the total contract amount to $2,545,131.14, representing an increase of 0.59%, and
WHEREAS, after exposing the existing pipe system at California Road Pump Station, the laying schedule was slightly different than the record plans, and Erie County Water Authority has also requested solid sleeve connections, resulting in a design change and additional work, and
WHEREAS, the Town has received a letter from the Erie County Water Authority stating they will supply materials to assist the Town in facilitating the installation of this interconnection, and correct design concerns which will save the Town approximately $11,013.96 in materials, and
WHEREAS, during the course of construction, a number of various size trees were encountered that needed to be removed due to utility conflicts, but were not covered within existing tree size unit prices
RESOLVED, that the Town Board does approve Change Order #1 to the contract with Janik Paving & Construction Inc., for the Comprehensive Water System Improvements Project – Part 1 in the amount of an increase of $14,912.24, as recommended by the Town Engineer.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the developer, Orchard Park Commerce Center, of the Proposed Public Extension Phase I – PIP #2004-03 paid the $40,000.00 performance security when PIP #2004-03 was approved, and
WHEREAS, the contractor for this project is going to be Tom Greenauer Development Inc., and they have submitted an Irrevocable Standby Letter of Credit from M & T bank in the amount of $40,000.00 to replace the original escrow performance submitted by the Developer, and
WHEREAS, the Town Attorney has reviewed the Irrevocable Standby Letter of Credit and determined it is sufficient security in lieu of the required performance bond
RESOLVED, that the Town Board does hereby authorize the Town Clerk to release the $40,000.00 held in escrow for Performance Security under PIP #2004-03 for Sterling Industrial Park, proposed Public road Extension Phase I to Orchard Park Commerce Center, 300 Pearl Street, Buffalo NY 14202, as recommended by the Town Engineer.
The resolution was unanimously adopted.
8) 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 authorize a letter be sent to the New York State Highway Department requesting a “No Left Turn” sign be placed, within the Town of Orchard Park, in the County of Erie, at the curb cut on Southwestern Boulevard as you exit the driveway of “Blockbuster Video Plaza” 3253 Orchard Park Road.
Councilman Kaczor stated this request is part of an overall improvement and change in traffic patterns within this plaza.
The resolution was unanimously adopted.
9) 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 schedule a Public Hearing for Wednesday, August 18, 2004, at 7:00 PM (local time) in the matter of a proposed Perpetual Conservation Easement for vacant land located on Milestrip Road, in the Town of Orchard Park, consisting of approximately nine (9) acres of land, the owner of record of the property is Burton F. Diller, and be it further
RESOLVED, that the Town Clerk shall publish due notice thereof.
The resolution was unanimously adopted.
New Business #8 Village to Hold “Summer in the Park” Ice Cream Social & Street Dance 7/30 & 31
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the request of the Village of Orchard Park to use the Library grounds for the “Summer in the Park” events, the Ice Cream Social on Friday July 30, 2004, from 7:00 PM to 10:00 PM, and the Street Dance on Saturday July 31, 2004, from 7:30 PM to 11:30 PM, Certificates of Insurance have been provided.
The resolution was unanimously adopted.
New Business # 9 Appoint Joann Litwin to Zoning Board of Appeals
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the appointment of Joan Litwin, 38 Rainbow Terrace to the Zoning Board of Appeals, with the term ending December 31, 2007.
Councilman Kaczor stated that Ms. Litwin was the alternate member of the ZBA, and now she has been appointed as a permanent member of the Board.
The resolution was unanimously adopted.
New Business #10 Appointment of Susan Barthel to the OP Library Board as Trustee
12) 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 appoint Susan Barthel, 25 Hillsboro Drive, as Trustee, to the Orchard Park Library Board, to fill the vacancy of Peter Genold, with the term ending December 31, 2006.
Councilwoman Ackerman stated the Town Board wished to recognize Mr. Peter Gernold for his dedicated service to the Library Board, he served as a trustee on the Library Board from 1990-2003.
The resolution was unanimously adopted.
New Business #11 Authorize Residents of Norwood Lane & Stoughton Lane to hold a Block Party
13) 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 approve the request of the residents of Norwood Lane and Stoughton Lane to hold a Block Party on Saturday, August 7th from 2:00 PM to 11:00 PM, with blockades to be set up at 115 Norwood Land and 155 Stoughton Lane.
The resolution was unanimously adopted.
New Business #12 & 13 Refer to the Planning Board and/or Conservation Board
14) 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 request of the Wesleyan Church, 7290 Ellicott Rd., for a Building Permit to build a new sanctuary, to the Planning Board, and be it further
RESOLVED, that the Town Board does hereby refer the request of Karl Kaminiski, 6290 Cole Road; Angelo & Christa Amato, 5796 Seufert Road; and David & Lori Lussier, 75 Cranwood Lane, for Conservation Easements to the Conservation Board.
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
Supervisor Cudney announced that Erie County Division of Highways notified the Town that Milestrip Road, from Southwestern Boulevard to North Buffalo Rd. will be closed as of Friday, July 23, 2004. Milestrip Rd. will also be closed between Moreland Rd. & Ferndale Rd. to replace culvert 460-4. They also notified the Town that Milestrip Road from bridge 460-6 (closest to Baker Rd.) to Baker Road is now open.
Supervisor Cudney congratulated the Town Clerk’s office and the Police Department as they received grants from the New York State Archives and Records Administration. The Police Department has been awarded $13,935.00 and the Town Clerk’s office has been awarded $ 28,462.00, which will go towards purchasing new computer equipment and towards records management. She also wished to recognize the Police Department, and specifically Officer Bill Hanrahan. The Erie County Department of Emergency Services had New York State Emergency Management Incident Management Command Courses at Ralph Wilson Stadium, which Officer Hanrahan helped to organize, and also taught.
15) 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 refer the request of Benderson Development for a Change in Use, from a retail center to office space, for the structure located at 3930 North Buffalo Street (Super Duper Plaza) to the Planning Board and be it further
RESOLVED that the Town Board does hereby schedule a Public Hearing for August 18, 2004 at 7:00 PM in the matter of a Special Exception Use for property located at 3930 North Buffalo Street.
The resolution was unanimously adopted.
Councilman Kaczor announced the 14th annual Senior Games Ceremony is going to be held August 6, 2004 at the Orchard Park Senior Center at 10:00 AM.
Councilman Mills wanted to publicly recognize John “Jonsey” Capriotto, who recently passed away, for his years of dedication to this Town and the Orchard Park Fire Company. “Jonsey” was a rare and unique individual who touched the lives of so many people, and who gave so much of his time and energy to the Town he loved so much. This wonderful man will be greatly missed.
Building Inspector, Andy Geist, wanted to announce that the unsafe building at 80 Vistula was knocked down this afternoon and clean up will continue for the next several days.
Chief of Police, Samuel McCunn, wanted to recognize Michael Sherry, as he wrote the successful SARA grant for the Police Department this year.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #14 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$72,982.97 |
|
Part Town Fund |
$433.03 |
|
Risk Retention |
$2,887.84 |
|
Cemetery Fund |
$0.00 |
|
Highway Fund |
$25,356.40 |
|
Special Districts |
$157,921.05 |
|
Trust & Agency |
$1,223.20 |
|
Capital Fund |
$232,326.26 |
The resolution was unanimously adopted.
17) 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 receive and file the following Communication & Report:
§ State of New York, Office for Technology “OFT” proposes to develop a Statewide Wireless Network for voice and data radio communications services to enable public safety and public service entities operating within the State of New York to better respond to the needs of and protect our citizens.
§ Building Inspector’s Monthly Report for June 2004
The resolution was unanimously adopted.
Nick Taneff – 279 Summit Avenue: Mr. Taneff, in an effort to help clean up the Town, submitted a list of unlicensed cars that he has seen around Town, and neglected properties. This list was submitted to the Town Clerk. He also submitted letters from his neighbors, and pictures, regarding an unkempt property on Summitt Ave. that also has neglected dogs on the premises.
Joseph Ippolito – 3085 Southwestern Boulevard: Mr. Ippolito is not happy with the new reassessments on his lands and feels that they are unfair and will be suing the Town for relief.
Henry Dinder – 5532 Big Tree Road: Mr. Dinder outlined the assessment on his property and stated that if the Judge decides in favor of the individuals who feel they are over assessed and are suing the Town, you will see a class action suit by all the other residents of the Town who have been paying taxes on the standard assessments.
There being no further business from the floor, on a unanimous motion by the Town Board, this meeting was adjourned at 7:53 PM (local time) with a moment of silence for John “Jonesy” Capriotto.
Respectfully Submitted,
Town Clerk