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 3rd day of March 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
David Holland Assistant Building Inspector
Samuel McCune Chief of Police
Ernie Matthews Deputy Superintendent of Highways
Wayne Bieler Town Engineer
ABSENT: Andrew Geist Building Inspector
Ronald A. Geitter Superintendent of Highways
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 SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on February 18th 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 SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, at the November 5, 2003 Town Board Meeting the Town Board declared itself Lead Agency in the SEQR review for Carl Hasselback, 4956 Chestnut Ridge Road @ Armor Duells request for three variances in order to construct a gas station/convenience store, and
WHEREAS, as per SEQR Law, the petitioner is required to put funds on deposit with the Town of Orchard Park to pay for consultants for this project
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to hire Acres International Corporation, 100 Sylvan Parkway, Amherst NY 14228, as SEQR Consultants for Carl Hasselback’s project located at 4956 Chestnut Ridge Road & Armor Duells Road, and be it further
RESOLVED, the contract is pending until a deposit from the petitioner, Carl Hasselback is made.
Supervisor Cudney stated that under SEQR Law, the Town is allowed to hire a consultant to assist in the reviewing process with this project. The petitioner is required to pay for the consultant up to half a percent of the total cost of the project. The Town Board is requiring Carl Hasselback to pay a deposit in order to hire the consulting firm, Acres International Corporation.
The resolution was unanimously adopted.
At the request of Councilman Kaczor the Walter Schmidt Project on California Road to rezone 14.34 acres of vacant land, east-side of California Road from R-3 to R-3 Special Exception Use will be tabled until the next Town Board Meeting.
3) 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 to schedule a Public Hearing on Wednesday, April 7, 2004 at 7:00 PM (local time) in the matter of a Proposed Local Law for the Year 2004, which Local Law provides as follows: Building Permit Fees, and be it further
RESOLVED, that the Town Board does hereby authorize to include (not listed on agenda) at this Public Hearing another Proposed Local Law for the Year 2004, which Local Law provides as follows: Peddlers and Solicitors, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
4) 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 Supervisor to submit an application in collaboration with the Village of Orchard Park to the New York State Department of Agriculture and Markets for the Farmers Market Grant Program requesting $1,500.00 for the purchase and installation of a removable seasonal sign at the corner of Highland and South Lincoln Avenues, and be it further
RESOLVED, that the Town, with the Village of Orchard Park, will contribute $1,571.00 for in-kind goods and services.
Councilman Mills asked if the Farmers Market has grown yearly. Supervisor Cudney stated that it has not and that this is the purpose of the Grant. She also stated that due to the time element, the Orchard Park Historic Railroad Depot Society was not involved in the application, but agrees it would be helpful. She noted a volunteer from the Open Space and Farmland Preservation Task Force is trying to get more vendors for the Farmers Market. Councilman Mills was concerned about the selling of food in competition with the merchants in the Town. Supervisor Cudney stated that there are many other programs for economic and tax exemptions that benefit the businesses, but not farmers, like those at the market. It is a benefit to all, to work together.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, a letter of request came from James Barnack, 233 Curley Drive, to replace the Yield Sign at the end of Scattertree Lane at its intersection with South Freeman and replace it with a Stop Sign
ORDERED, that a stop sign be erected effective immediately, within the Town of Orchard Park, outside the incorporated Village of Orchard Park, at the end of Scattertree Lane at its intersection with South Freeman
And it is further
ORDERED, that the Superintendent of Highways be and is hereby directed to post the proper and necessary sign at said location.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Engineering Department has received from Wayne Eisenbaum, Orchard Park Commerce Center, Inc., 300 Pearl Street, Buffalo New York, an application for a Public Improvement Permit to construct Phase 1 of the proposed road extensions in the Sterling Industrial Park, and
WHEREAS, the project consists of the installation of 1,400 L.F. of roadway and public utilities to serve the Bryant & Stratton facility and other future businesses, and
WHEREAS, the Engineering Department has received the plans and specifications for the proposed project and have found them to be in compliance with current Town specifications, and they are in receipt of all necessary fees and bonds, and
WHEREAS, the Orchard Park Commerce Center, Inc., has provided an insurance certificate for this project that will be replaced by the contractor’s certificate once the contractor selection has been finalized
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the approval of Public Improvement Permit #2004-03 for the Sterling Industrial Park Public Road Extension.
The resolution was unanimously adopted.
7) 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 United Methodist Church of Orchard Park, 3700 North Buffalo Road, to display a portable lighted 4’ x 8’ sign to advertise their fish dinners, from March 8th to March 29th, 2004.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, a letter from Carmina & Wood, P.C. requesting approval of proposed street names for the Sterling Business Park was forwarded to the Chief of Police for recommendations, and
WHEREAS, the street names submitted are as follows: Redtail, Ashwood and Westridge
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve “Redtail” as the name for the new proposed road in Sterling Business Park, as recommended by the Chief of Police.
The resolution was unanimously adopted.
9) 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 approve of the provisional appointment, pending qualifications as per New York State Civil Service, of Stephen J. Squire, to the Real Property Appraiser Position, White Collar Union, Wage Scale Range 0009, Step D @ 19.43 per hour, effective date of hire March 1, 2004, as recommended by the Town Assessor.
The resolution was unanimously adopted.
10) 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 the request from John Dudek, Executive Director for Hunters Hope, to hold the Southtowns Family Fun Race for 2004 on Saturday, September 25, 2004, in coordination with Police Chief McCune, and be it further
RESOLVED, that the post race activities will be held at the Train Depot area.
The resolution was unanimously adopted.
11) 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 to the Planning Board and/or Conservation Board the following items listed on the agenda:
§ Henry and Elizabeth Lewandowski, 6565 Scherff Road requesting a Conservation Easement located at 6565 Scheriff Road that involves 5.5 acres of land.
§ 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 9,500 square foot car wash, service and C-store, a 32,000 square foot new car auto dealership with interior car showroom, and a 3,500 square foot new car show room.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney reported that meetings are being held for “Erie Niagara Framework for Regional Growth”. The last meeting is in the basement meeting room at the Municipal Center on Tuesday, March 9th, from 9:00 AM until 11:00 PM. Supervisor Cudney also stated that it is with great sadness to report that the former Town Justice, The Honorable Edmund Brown, Jr., who served for 25 years, passed away this week. Judge Brown was a wonderful man and it is a great loss to the community. The meeting will be adjourned in Judge Brown’s honor.
Councilwoman Ackerman stated that Supervisor Cudney has been invited to judge the artwork submitted by Erie County students in grades K-8 for the 2004 Erie County Earth Day T-Shirt Design Contest held on Thursday, March 18, 2004 from 4:30 PM until 7:00 PM at the Buffalo Museum of Science. Councilwoman Ackerman, Supervisor Cudney and NEI have updated the trash and recycling brochure and it will be sent out to the residents soon. Councilwoman Ackerman stated that on this date in 1931 the “Star Spangled Banner” was adopted as the national anthem. Councilwoman Ackerman echoed the sentiments of the Supervisor in respect to Justice Brown and conveys her condolences to his family.
Councilman Kaczor asked the Town Attorney to draft a resolution to send to elected officials and the governor requesting that the funds from the surcharge on wireless phones be fully released in order to be used for the designated purpose of the 911emergency number. Councilwoman Ackerman asked the Town Attorney to use powerful language in this resolution, as she has known personally of the success of cellular phone identification in other areas.
Councilman Mills reported on a meeting between Sewer District #3 and Stueben Foods to rectify offensive odors emitting from the sewers. With the help of Erie County, Stueben Foods is applying for a Grant to install added pretreatment facilities within the plant. Councilman Mills will keep the Town Board and residents up to date on the progress.
DEPARTMENT HEADS FROM THE FLOOR
Town Assessor Linda Yancey stated that the Town Assessors Office will have extended hours on Wednesday evenings until 7:00 PM through June 1st, 2004, for anyone to file for an exemption.
13) 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 #5 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$176,091.16 |
|
Part Town Fund |
4,867.38 |
|
Risk Retention |
0.00 |
|
Highway Fund |
55,871.15 |
|
Special Districts |
241,859.03 |
|
Trust & Agency |
31,650.05 |
|
Capital Fund |
464,035.07 |
The resolution was unanimously adopted.
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 authorize the approval of the following Communications listed on the agenda: County of Erie Department of Environment & Planning: 2004 Erie County Earth Day T-shirt Design Contest, Thursday, March 18, 2004 from 4:30 PM to 7:00 PM at the Buffalo Museum of Science Cummings Room.
The resolution was unanimously adopted.
15) 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 the following Reports as listed on the agenda: Building Inspectors Monthly Report and Building Permits for February 2004.
The resolution was unanimously adopted.
Joseph Ippolito, 3085 Southwestern Boulevard: He is not in favor of the proposed reassessment of the community.
Jim Suplecki, 5560 Big Tree Road: He asked the Town Engineer on the status of the water pressure in his area. Town Engineer Bieler explained that the looping for additional flows and pressures has just been completed at California Road and Route 20A, but the valves won’t be opened up until they are charged and tested.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, to wit; the meeting was adjourned with a moment of silence in memory and honor of the service of Judge Edmund Brown, Jr., at 7:38 PM (local time).
Respectfully Submitted,
Town Clerk