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 2nd day of June 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
Wayne Bieler Town Engineer
ABSENT: 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.”
Special Presentation “Awards” For Youth Court
Supervisor Cudney thanked Mr. McGinty and the volunteers for their involvement with the Youth Court.
Councilwoman Ackerman thanked Police Chief McCune and Village Justice Phil Marshall for their efforts, also.
Special Presentation for the Appointment to the Town Justice Seat
At this time Councilman Mills stated there would be another special presentation this evening, and that is the appointment of a new Town Justice. He stated Town Justice John Curran was recently sworn in as Supreme Court Justice for the County of Erie, which has left a vacant seat for the Town Board to appoint this evening. Councilman Mills stated the candidate for that appointment is Deborah A. Chimes. Councilman Mills gave a little history on Mrs. Chimes educational and professional experience as an attorney as well as her biographic and civic background. Councilman Mills said that this is an historical event, as Ms. Chimes is the first woman to be appointed as Town Justice.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, Orchard Park Town Justice John M. Curran has taken the oath of office as New York State Supreme Court Justice, and
WHEREAS, upon taking the oath of office as New York State Supreme Court Justice the office of Orchard Park Town Justice, which was occupied by John M. Curran, has become vacant
NOW, THEREFORE, be it
RESOLVED that Deborah A. Chimes of 35 Pawtucket Row is hereby appointed to the position of Orchard Park Town Justice. The salary for this position is as stated in the 2004 budget with the term to expire in December 31,2004.
Supervisor Cudney stated her concern of the process of this Town Board appointment. She felt that this appointment could have been filled by a retired Judge from either affiliated party to the end of the vacated term, so that both parties could put up a candidate of their choice to run in the November election. Supervisor Cudney had hoped this would have been an appointment without political undertones.
Councilman Mills stated that the Courts need a Town Justice now.
Councilman Jemiolo stated the Ms. Chimes has the qualifications for this appointment and was chosen for her ability, energy and ethics.
Supervisor Cudney Nay
Councilwoman Ackerman Aye
Councilman Jemiolo Aye
Councilman Kaczor Aye
Councilman Mills Aye
The resolution was duly adopted.
At this time, the Honorable Supreme Court Judge, Erin M. Peradatto, presided over and administered the oath of office to Deborah A. Chimes as Town Justice. Deborah Chimes’ husband, Kevin, held the Bible for the newly elected official.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN , WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on the 19th day of May, 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.
At 7:31 PM, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties for or against a Local Law for the Year 2004 for Proposed Amendments to the Town Code of the Town of Orchard Park, which Local Law provides as follows:
New wording is underlined
With in sixty-two (62) [forty-five (45)] days after the receipt of such preliminary plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the town at least five (5) days before such hearing.
Within sixty-two (62) [forty-five (45)] days after the close [date] of the public hearing the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove such preliminary plat, and the ground of any modification required or the ground for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such sixty-two [forty-five]-day period shall constitute a conditional approval of the preliminary plat.
The final plat shall be approved or disapproved by the Planning Board with in sixty-two (62) [forty-five (45)] days after the close [date] of the public hearing provided for herein.
Affidavits and Publication of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
The Supervisor asked if there was anyone in the audience who would like to speak for or against the proposed Local Law for the Year 2004.
COMMENTS FROM THE FLOOR:
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn wanted clarification as to the number of days being either calendar or working days. Town Attorney Berkowitz responded that it is calendar days.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of a Local Law for the Year 2004 for Proposed Amendments to the Town Code of the Town of Orchard Park is hereby closed at 7:33 PM.
The resolution was unanimously adopted.
RESOLVED, that the Town Board does hereby authorize the adoption of Local Law #6 for the Year 2004: §121-9 Preliminary Plat, §121-10 Planning Board action, and §121-17 Approval of Final Plat.
The adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
Supervisor Toni M. Cudney Aye
Councilwoman Nancy W. Ackerman Aye
Councilman Stanley A. Jemiolo Aye
Councilman David R. Kaczor Aye
Councilman John J. Mills Aye
The resolution was unanimously adopted.
At 7:34 PM, the Supervisor called for the Public Hearing in the matter of property deemed to be dangerous and unsafe by the Building Inspector, said property being 80 Vistula Avenue.
Affidavits and Publication of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
The Supervisor asked if there was anyone in the audience who would like to speak for or against this matter of property deemed to be dangerous and unsafe.
The Building Inspector explained that the property owner is deceased and the house is deteriorating.
COMMENTS FROM THE FLOOR: No one spoke.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Public Hearing in the matter of property deemed to be dangerous and unsafe, located at 80 Vistula Avenue, is hereby closed at 7:35 PM (local time).
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 Orchard Park Town Board does hereby adopt an amendment to the code of ordinance, Chapter 47, entitled “Dangerous and Unsafe Buildings” on May 16, 1984, as pre-filed by the Town Attorney, and
WHEREAS, the Supervising Building Inspector, Andrew Geist, has submitted to the Town Board a report pursuant to Chapter 47, of the Orchard Park Town Ordinance, in the matter of the building at 80 Vistula Avenue in the Town of Orchard Park
RESOLVED, that the Orchard Park Town Board does hereby authorize the Building Inspector to hire a contractor to demolish and remove the building from the premises at 80 Vistula Avenue in the Town of Orchard Park, and be it further
RESOLVED, the cost of said demolition and removal shall be billed to the property and placed upon the tax roll.
The resolution was unanimously adopted.
7) 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 conditionally authorize the reduction in the number of parking spaces allocated for the proposed Quizno’s Shop with the following stipulations:
1. Seek approval and install “No Left Turn” sign at the Blockbuster Plaza exit and Route 20.
2. Submit signed agreement from all tenants of Blockbuster Plaza to relocate all employee parking to a designated parking area near Arby’s as marked on plan dated 6/02/04 and designated by “Employee only” parking signs.
3. Install new entrance/exit way in rear of Plaza as shown on plan.
4. Relocate a screened dumpster as shown on plan and as per Town code.
5. Install directional signs to indicate new traffic flow.
6. Dependent upon Engineer approval.
The resolution was unanimously adopted.
8) 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 authorize and direct the Supervisor to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation fund Act of 1965, in an amount not to exceed $71,345, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town of Orchard Park for the development of: an asphalt walking path; landscaping and plantings; the installation of park benches, trash receptacles, a drinking fountain, a flagpole, lighting fixtures, an entrance sign, entrance roadway screening and field signage at Milestrip Road Recreation Area and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property, and be it further
RESOLVED, that the Town of Orchard Park will contribute $71,345 in cash and in-kind good and services, or 50% of the total project cost of $142,690.
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 authorizing and directing the Supervisor to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or the Federal Land and Water Conservation fund Act of 1965, in an amount not to exceed $45,835, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town of Orchard Park for the exterior rehabilitation of the Johnson-Jolls Complex to include roof replacement and the installation of twelve storm windows and three storm doors and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property, and be it further
RESOLVED, that the Town of Orchard Park will contribute $45,835 in cash and in-kind good and services, or 50% of the total project cost of $91,670.
Supervisor Cudney stated that the Town Board would be required to replace the much-needed roof on the Jolls House regardless of the grant. Hopefully, the Town will be selected for the grant.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the construction of the Comprehensive Water system Improvements Project, Part 2 is progressing on schedule, various problems with the existing water system have been encountered during the course of construction. The extra work items necessary to complete the work are a 6”x6” tee and a 12”x12” tee, which were not included in the original bid items. A fair price for the installation of these items was negotiated with the Contractor, and
WHEREAS, while installing the watermain under the existing 30” EL Paso Energy Gas Transmission Pipeline on Seufert Road, a large void was discovered under the gas line within the roadway. The contractor secured the void area with flowable fill. EL Paso Energy (formerly Tennessee Gas Pipeline) has agreed to reimburse the Town for all costs associated with this repair, and
WHEREAS, due to the lack of information on old abandoned water services, and mismarked water service locations, a total of six services were located in the area of Orchard Park Road and Lake Avenue at McDonald’s and Hershey’s Ice Cream, and
WHEREAS, the location for a 6” tie into the existing waterline for Quaker Plaza (formerly Tops) was marked wrong on record plans and had to be relocated, requiring extra work in order to find the connection point. Also, an existing water line at Orchard Park Road and Michael Road was marked incorrectly and the new interconnection had to be relocated, and
WHEREAS, the total amount of the extra work is $9,533.64, with $641.87 of that amount being reimbursed to the Town by El Paso Energy. This change would bring the total contract amount to $1,405,192.89, which represents an increase of 0.68%.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the Change Order #1 to the contract with Kandey Company Inc., for the comprehensive Water System Improvements Project – Part 2 in the amount of an increase of $9,533.64, as recommended by the Town Engineer.
The resolution was unanimously adopted.
11) 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 table the action on this item and further recommends to the Planning Board to reconsider all environmental issues regarding this project.
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on December 8, 1992 the Erie County Department of Personnel approved the Engineering Assistant position for the Town of Orchard Park based on job classifications and duties, and
WHEREAS, after interviewing several candidates and exhausting the existing civil service list, the best-qualified individual for the position is Mr. Bill E. Fulton. Bill will be performing entry level sub-professional engineering work involving routine duties in the office or field in connection with design, inspection, maintenance and/or construction of civil engineering projects. Work includes assisting survey crews, making simple CADD tracings and maps, taking traffic counts, making simple mathematical computations, and assisting higher engineering personnel, and
WHEREAS, Bill has worked for the Engineering Department as part-time and summer help since 2002. Bill has accepted the challenge of the duties and responsibilities of assignments with enthusiasm and has performed his work with diligence and effectiveness. Throughout his service with the Town, Bill has proven to be a dedicated and dependable employee
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the appointment of Mr. Bill E. Fulton, 401 Vistula Avenue, Orchard Park NY 14127, to the position of Engineering Assistant assigned to the Engineering Department at Range 0007, Step A, of union wage schedule effective June 7, 2004, with a six-month probation period and pending meeting all Civil Service rules and regulations, as recommended by the Town Engineer.
Councilwoman Ackerman stated that she has worked with Bill Fulton and praised his work with Paul Warriner, Network Coordinator, and welcomed him to the Engineering Staff. Supervisor Cudney added congratulations and introduced Bill who was in the audience, with his wife Marla. Councilwoman Ackerman also congratulated the Fultons on their new addition, son Jonathan Michael.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on July 2, 2003, the Town Board accepted dedication of the public improvements constructed in the above referenced subdivision with the stipulation that funds paid by the developer be held in escrow until the decorative street lighting was completed, and
WHEREAS, the developer has since installed the required poles, conduits and wiring on Graystone Lane. The work was inspected by the Engineering Department and found to be in compliance with Town specifications
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Clerk to release to Barrington Heights Partnership the $28,500 held in escrow for street lighting in the Barrington Heights Subdivision, Part 1, Phase 1, PIP #2002-03.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby adopt new business hours, 8:30 AM to 4:30 PM, for the Orchard Park Municipal Center, effective June 7, 2004 to December 31, 2004.
Councilwoman Ackerman commended the Department Heads and their staffs for trying to better serve the public. Supervisor Cudney stated that the new business hours are for the Town offices and not the Village office. Councilman Mills stated that on Town court nights it will alleviate parking problems and that the Police Department is never closed. Councilman Kaczor also stated that the Town Clerk’s office will continue to remain open until 7:00 PM on Wednesday evening.
The resolution was unanimously adopted.
New Business #7 Approve the 2004 Public Stable Permit for Willow Glen Stables
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 authorize the 2004 Public Stable Permit to Willow Glen Stables, 7895 East Quaker Road, Orchard Park NY 14127, as recommended by the Building Inspector.
The resolution was unanimously adopted.
16) 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 Spring/Summer Staff, pending submission of the required certifications, as recommended by the Recreation Director:
Jennifer Lalley 6225 West Quaker Street Aide
Phillip Gutowski 26 Black Spruce Court, Amherst NY Aide
The resolution was unanimously adopted.
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 creation of the position “Assistant to the Assessor” full time, competitive.
The resolution was unanimously adopted.
18) 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 placement of a 20’ x 4’ vinyl banner on the front property of The Tabernacle, 3210 Southwestern Boulevard, for the purpose of promoting the “Southtowns Freedom Festival” to be held Sunday, June 27, 2004. The sign will be displayed between the dates of June 11th through to June 28th.
The resolution was unanimously adopted.
19) 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 schedule a Public Hearing for Wednesday, June 16, 2004 at 7:00 PM, for the following requests for Conservation Easements:
1. James Rizzone, 7610 Behm Road, 8.68 Acres
2. Dean Welch et al, 6099 Benning Road, 40 Acres
3. Robert Woodward, 6164 Bunting Road, 9 Acres
4. Robert Laurie, 5425 Chestnut Ridge Road, 25 Acres
5. Charles Reukauf, 5735 Chestnut Ridge Road, 24 Acres
6. Robert Sponholz, 6550 Chestnut Ridge Road, 5 Acres
7. William Gettens, 9513 Chestnut Ridge Road, 7 Acres
8. William McDougall, 6197 Cole Road, 20 Acres
9. Mark Korzaniewski, 6390 Cole Road, 12 Acres
10. Ronald Kolodziejczak, 6680 Cole Road, 10.71 Acres
11. Kevin Brown, 6807 Gartman Road, 9 Acres
12. Wayne Bieler, 7245 Gartman Road, 5 Acres
13. Bernice Domon, 6829 Milestrip Road, 9.24 Acres
14. Peter Messina, Sr., 7360 Milestrip Road, 5 Acres
15. Peter Messina, Jr., 7370 Milestrip Road, 5 Acres
16. Russell Bieler, 7380 Milestrip Road, 5 Acres
17. Margaret McCooey, 7755 Milestrip Road, 30 Acres
18. Gregory Ford, 7871 Milestrip Road, 11 Acres
19. Ronald Murphy, 5730 Scherff Road, 7.29 Acres
20. Jeffrey Abate, 5825 Scherff Road, 5.85 Acres
21. Noel Ulrich, 6540 Scherff Road, 15.1 Acres
22. Estate of Robert Zilliox, 6633 Scherff Road, 23.45 Acres
23. Arthur Lipp, 5809 Seufert Road, 5 Acres
24. George Moore, 6020 Seufert Road, 30 Acres
25. Ronald Markowski, 6134 Seufert Road, 5 Acres
26. Joseph Ippolito, 3055 Southwestern Blvd., 56.68 Acres
27. SL Associates, 3085 Southwestern Blvd., 18.3 Acres
28. Joseph Ippolito, 3085 Southwestern Blvd., 45.54 Acres
29. John Tewey, 4000 Transit Road, 7 Acres
30. Kathleen DiBianca, Vacant Land on Cole Road, 8.28 Acres
31. Kathleen DiBianca, Vacant Land on Cole Road, 17.88 Acres
32. Hans Eberlin, Vacant Land on Gartman Road, 10.2 Acres
33. Paul Beaune, Vacant Land on Scherff Road, 10 Acres
34. Darryl Gonzalez, Vacant Land on Seufert Road, 10 Acres
35. Paul Beaune, 6900 Ward Road, 15 Acres
RESOLVED, that the Town Board does hereby direct the Town Clerk to publish due notice.
Councilwoman Ackerman and Councilman Mills thanked the Conservation Board for their hard work.
The resolution was unanimously adopted.
20) 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/or Conservation Board the following request: Jim Ball Auto Center, 9.5 acres of land at the corner of Southwestern Boulevard and Mid County Drive, Zoned B-2, I-1 and R-4. Requesting to rezone the portion of property listed I-1 to B-2 and the portion of property listed R-4 to B-2, to construct a new auto dealership.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Request for a Budget Transfer from the Supervisor’s Office
21) 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 2007 Budget Transfer, as requested by the Supervisor:
From: $45.00 A.1620.0445 (Remodeling & Renovations)
To: $45.00 A.1620.0448 (Improvement – Library)
The resolution was unanimously adopted.
Supervisor Cudney received a letter from Mr. William Westfield commending the Orchard Park Highway Department and the Parks & Grounds on the superb job preparing the Veterans Park for Memorial Day Ceremonies.
Supervisor Cudney stated that the Benderson Corporation sent a letter to the residents who live on and around Milestrip Road and Orchard Park Road. Benderson is proposing an Eckerd Drug Store on the North West corner of Milestrip and Orchard Park Road. Supervisor Cudney wanted to clarify that this is not a Town meeting.
Supervisor Cudney announced that the Erie County Division of Highways is resurfacing Michael Road and part of Milestrip Road near Transit Road.
Supervisor Cudney recognized Police Chief Sam McCune and the handler for the drug enforcement dog, Officer Robert Schultz, for their participation in a major arrest, which resulted in a $4,796 check for the Town as their share of the forfeited proceeds.
Supervisor Cudney announced that the Erie County Hazardous Household Waste Drop Off Day will be at ECC South Campus June 19, 2004 and Computers and Electronics on June 26, 2004 and are requesting volunteers. Supervisor Cudney stated that the Town has reached at tentative contract agreement with the PBA.
22) 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 refer the request of Tina Wesley, 5684 Ellis Road, for placement of “Children at Play” signs on Ellis Road and review of the speed limit to the Public Safety Safety Committee.
The resolution was unanimously adopted.
Councilwoman Ackerman stated that there are five new Eagle Scouts from Troop 285: Michael Bistis, Patrick Ganson, Chad Los Schmacher, Neal Suchak and Jason Weber. Adam Szarpa is the new Eagle Scout from Troop 1776. Councilwoman Ackerman congratulated them all. Councilwoman Ackerman also gave a brief review of the Library report.
Building Inspector Andrew Geist stated that the demolition of the Kmart building is underway for the new Loews. He also stated that the troublesome property at 5397 Big Tree Road has been sold and there should be significant changes very soon.
DEPARTMENT HEADS FROM THE FLOOR
Linda Yancey, Town Assessor: Ms. Yancey thanked her staff for a wonderful job and for all their hard work and extra hours. Ms. Yancey introduced two people Vince Smith, the Regional Director of the Office of Real Property Services for Western New York and Patti Valvo, the Orchard Park representative for ORPS Office in Batavia. These people were available for any questions anyone in the audience might have. Ms. Yancey stated that the Town Board has the full authority of whatever level of assessment is set for the Town. Ms. Yancey explained that she is required by law to sign the tax roll with uniformity. This is a difficult process to straighten out the tax roll. This equity update will help the seniors with the S.T.A.R. program and the Veterans exemption.
23) 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 #11 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$105,859.51 |
|
Part Town Fund |
5,283.58 |
|
Risk Retention |
0.00 |
|
Cemetery Fund |
0.00 |
|
Highway Fund |
41,349.70 |
|
Special Districts |
187,067.36 |
|
Trust & Agency |
10,556.84 |
|
Capital Fund |
189,846.13 |
The resolution was unanimously adopted.
Joseph Ippolito, 3085 Southwestern Boulevard: He was unhappy with the assessment on his properties.
Marvion Ashburn, 6326 Benning Road: He wanted to know what can and can’t be done within the conservation easements.
Vince Smith, Regional Director of ORPS: He explained the issues of assessment level and taxes. Councilman Jemiolo asked Mr. Smith if he could comment on the relief process for the residents. Mr. Smith stated the steps to the audience.
Ernest Kapinski, Milestrip Road: He spoke in favor of the conservation easements and the Town Board.
John Marlow, 47 Brookins Green: He asked for clarification on the tax equalization rate.
Beryl Welch, 6099 Benning Road: She had questions on conservation easements.
Ron Murphy, 5730 Scherff Road: He had questions on vacant land assessment.
Harold Fabinsky, 37 Bender Drive: He was disappointed by Supervisor Cudney’s remarks on the Town Justice appointment.
Scott Kroll, Orchard Park Jaycces: He announced the new programs “Earning by Learning” and “Adopt a Soldier” at the Orchard Park Library.
Mark Stevens, President of the OP Library Board: He gave a report and announced the capital improvement project they will be undertaking over the next five years. He asked for input and help from the Town and appreciated all the support the Library has received from the Town.
Dave Schuster, 5385 South Freeman Road: He gave details of the Library project and hoped that the Town Board would work with the Library Board on this endeavor.
Supervisor Cudney stated that the Town Board increased the size of the parking lot in 1992 and put a new roof on the building in 2001and is aware of the need for improvements. Erie County is financially responsible for the operation and maintenance of the Library and the Town is responsible for the capital improvements.
Councilwoman Ackerman thanked Mr. Stevens and Mr. Schuster for their commitment to this project.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Councilman Ackerman, to wit: the meeting was adjourned at 9:23 PM (local time).
Respectfully Submitted,
Town Clerk