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 5th day of May 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
Michael Sherry Police Captain
Ronald A. Geitter Highway Superintendent
Wayne Bieler Town Engineer
ABSENT: Samuel McCune Chief of Police
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 COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for Wednesday, May 19, 2004, at 7:00 PM (local time) in the matter of a proposed Conservation Easement located at 6565 Scherff Road, in the Town of Orchard Park, consisting of approximately 5.5 acres of land, the owners of record of the property are Henry and Elizabeth Lewandowski, and be it further
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for Wednesday, May 19, 2004, at 7:00 PM (local time) in the matter of a proposed Conservation Easement for vacant land located on Ellicott Road, in the Town of Orchard Park, consisting of approximately 45.72 acres of land, the owner of record of the property is Gregory Haskell, and be it further
RESOLVED, that the Town Clerk shall publish due notices in the official newspaper of the Town.
The resolution was unanimously adopted.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the State of New York has completed reconstruction of North Buffalo Road in the Town of Orchard Park, and
WHEREAS, in connection with the reconstruction of North Buffalo Road, the State of New York constructed sidewalks on North Buffalo Road
NOW THEREFORE, be it
RESOLVED, that the Town of Orchard Park hereby accepts the reconstruction of North Buffalo Road, and be it further
RESOLVED, that the Town of Orchard Park accepts the sidewalks that were constructed along North Buffalo Road, subject to the guarantee by the State of New York and its contractor, that the sidewalks will remain in good condition for a period of two years from the date of this resolution, and be it further
RESOLVED, that acceptance of the road is conditioned upon provision of a full size copy of your record as built plans in hard copy format and in digital format.
The resolution was unanimously adopted.
3) 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 authorize the Supervisor to sign the Memorandum of Agreement between the Town of Orchard Park and CSEA White Collar Unit.
Before the vote was taken, Councilman Jemiolo stated the content of the agreement was adjustments that have been made with employees in the Building Inspectors Department and the Engineering Department.
The resolution was unanimously adopted.
4) 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 the Supervisor to sign the following Agreements between the Town of Orchard Park and the Orchard Park Central School District for the Use of Yates Park, the Use of Playing Fields & Facilities and the Use of School Buses.
The resolution was unanimously adopted.
5) 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 Supervisor to submit an Application to the New York State Unified Court System, Justice Court Assistance Program requesting $3,989 to purchase a lap top computer, with flat screen and Microsoft Office, a VCR, a Dictaphone with transcriber and a bench book for trial judges, and be it further
RESOLVED, there is no required fund match from the Town of Orchard Park.
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 authorize Town Employees, Dennis Buckowski and Richard Mrugalski to attend the training class for ACU1000 radio interoperability system for emergency communications during an emergency situation, to be held May 11 & 12, 2004, at the Orchard Park Municipal Building in the Police Training Room.
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 2004 Public Stable Permit for Skibbereen Farm, 5560 Armor Road, and be it further
RESOLVED, that the Town Board does hereby authorize the 2004 Public Stable Permit for Chestnut Creek Farm, 5624 Chestnut Ridge Road, as recommended by the Building Inspector.
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 declare 9 – 15” computer monitors surplus, ranging in age from 5-8 years old: ENGR0145, ASSR0067, ASSR0066, ASSR0065, ASSR0064, SUPR0031, SUPR0071, BLDI0036 and PZON0037, and be it further
RESOLVED, that the Town Board will donate the monitors to “Computers for Children Program”, as recommended by the Network Coordinator.
The resolution was unanimously adopted.
9) 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 authorize the appointment of Kim Bowers, 25 Burbank Drive, to the Trails Task Force, as recommended by the Trails Task Force Chairman, Anne Bergantz.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, Adam Kern worked for the Village Department of Public Works as a seasonal employee last summer and now has applied for the summer position in the Engineering Department this year, and
WHEREAS, Adam is a University of Buffalo engineering student starting his junior year of schooling in the fall of 2004 and came highly recommended
RESOLVED, that the Town Board does hereby authorize the appointment of Adam Kern, 4360 South Taylor Road, Orchard Park, New York 14127, to a seasonal position in the Engineering Department for a fourteen-week period beginning May 10, 2004 at a wage rate of $7.50 per hour, as recommended by the Town Engineer.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, Jason Franklin worked for the Sewer & Water Department of Public Works as a seasonal employee last summer and now has applied for the summer position in the Sewer & Water Department this year, and
RESOLVED, that the Town Board does hereby authorize the appointment of Jason Franklin, 5170 South Freeman Road, Orchard Park, New York 14127, to a seasonal position in the Sewer & Water Department for a fourteen-week period beginning May 10, 2004 at a wage rate of $7.00 per hour, as recommended by the Town Engineer.
The resolution was unanimously adopted.
12) 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 American Legion Post #567 to hold their Annual Memorial Day Parade, Monday, May 31, 2004, at 9:00 AM. The parade will begin at the Orchard Park Library, north on South Buffalo Street to the four corners in Town, and then west on West Quaker Street to Veterans Parks where the Memorial Day Ceremony will take place.
The resolution was unanimously adopted.
13) 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 Orchard Park Little League to hold their Annual Opening Day Ceremonies with the festivities beginning with a parade on Saturday, May 15, 2004 at 12:00 PM. The parade will begin at the South Davis Elementary School continuing along to Duerr Road and entering at the new entrance to the Little League Field where Opening Day Ceremonies will begin.
Before the vote was taken, Supervisor Cudney stated this would be the first opening day parade and ceremonies she would not be able to attend because she would be out of Town visiting her new grandson, Cooper Cudney. She offered the first pitch to any Board Member that would like to be there.
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 Friends of the Orchard Park Public Library to erect a temporary banner 4’x10’, from May 31st to June 7, 2004, to hold a book sale Saturday and Sunday, June 5 & 6, 2004.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor to Sign a Contract with Clean Sweep Services
15) 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 Supervisor to sign a Contract with Clean Sweep Cleaning Service for an additional four hours of cleaning during the week, and an additional four hours of cleaning services on the weekend to assist the Maintenance Department at the Municipal Center, with an additional cost of $520.00 per month, as recommended by the Supervisor.
The resolution was unanimously adopted.
Councilwoman Ackerman stated there would be a Solid Waste Workshop at the Orchard Park Municipal Center, Thursday, May 13, 2004 at 4:00 PM. She stated this is a free workshop and it will enable you to prepare solid waste management collection.
Municipal Clerks Week, May 2nd through May 8, 2004
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of the local government exists throughout the world, and
WHEREAS, the Office of the Municipal Clerk is the oldest among public servants, and
WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and
WHEREAS, the Municipal Clerk is the information center on functions of local government and community, and
WHEREAS, Municipal Clerk continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meeting of their state, province, county and international professional organizations, and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk
NOW, THEREFORE, be it
RESOLVED, this body of the Town of Orchard Park recognizes the week of May 2nd through May 8th 2004, as Municipal Clerks Week, and further extends appreciation to our Municipal Clerk, Janis Colarusso, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.
The resolution was unanimously adopted.
Councilman Mills stated he voted for the additional cleaning service the Town Board approved tonight, but he does believe the cost for the service and the cost for a full time employee should be reviewed again. He stated he feels we have fallen behind in the cleaning and he’s not quite sure if contracting with a cleaning service is better than having a full time employee for this job. Supervisor Cudney asked Councilman Mills if he would like to take it on as a project and he agreed.
Councilman Mills stated the Town Board is still considering the Benderson project located at North Buffalo Street across from the Orchard Park Credit Union. He stated this is a very important decision for the Town Board on rezoning and he does not want to rush the outcome.
2004 Road Materials and Rentals for the Highway Department
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, as per the Highway Superintendent of the Town of Orchard Park, his Department will utilize both Erie County Division of Highways Road Materials and Rentals (Contract Nos. 240039T and 240040-T)) as well as NYSOGS contracts related to road materials and rent equipment through March 31, 2005, and
WHEREAS, neither New York State or Erie County bid aluminized steel pipe, and
WHEREAS, the Highway Superintendent has received three quotes for aluminized steel pipe
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Highway Department to purchase Road Materials and Equipment Rentals from April 1, 2004 through to March 31, 2005, and be it further
RESOLVED, that the Town Board does hereby authorize the Highway Department to purchase aluminized steel pipe from Contech Construction Products from April 1, 2004 through to March 31, 2005.
The resolution was unanimously adopted.
Highway Superintendent Ronald Geitter stated the Compost Grand Opening will be Saturday May 8, 2004 and all residents of the Town are welcome to visit the Compost Site from 9:00 AM to 4:00 PM to pick up free mulch and compost. Hot dogs will be served at noon with demonstrations of equipment. After May 30, 2004 rates for compost will be changing, $10.00 a yard for residents a minimum of $1.00, and $15.00 for non-residents a minimum of $2.00. For contractors committing to 250 yards or more, it will be $12.50. Tickets can be sold at the Town Clerks office or check payment only at the Compost Site.
DEPARTMENT HEADS FROM THE FLOOR
Edward Leak the Town Recreation Director spoke the summer brochure that was being mailed out Monday, May 10th and on Saturday May 15th the Recreation Department is organization a clean up at Eagle Heights Playground with the local Boy Scout troop.
Marsha Young, Assistant to the Town Assessor, was present this evening for the Linda Yancey the Town Assessor who was absent this evening do to her busy work schedule. Ms. Young stated that the exemption deadline was May 3rd, and there were approximately twelve residents who did not renew their exemptions for various reasons. She also stated that by May 14th all checks and balances need to be completed so that Erie County can produce the tentative tax roll.
18) 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 #9 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 324,071.97 |
|
Part Town Fund |
$ 167.44 |
|
Risk Retention |
0 |
|
Highway Fund |
$ 46.00 |
|
Special Districts |
$ 10,900.92 |
|
Trust & Agency |
$ 2,320.24 |
|
Capital Fund |
$ 454,927.72 |
The resolution was unanimously adopted.
19) 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 to receive and file the following Communications listed on the agenda:
§ Notice of Public Hearing by the Village of Orchard Park for Rezoning property at Carrow Street and West Quaker Street from R-4 to B-1.
§ Channel 2 On Your Side and Tops Friendly Markets are pleased to announce the seventh annual series of child seat safety checks on Saturday, May 29, 2004, from 10:00 AM to 1:00 PM. There will be a checkpoint in the Tops parking lot located at 3201 Southwestern Boulevard.
The resolution was unanimously adopted.
20) 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 to receive and file the following Reports as listed on the agenda: Recreation Commission 2003 Annual Report.
The resolution was unanimously adopted.
Scott Kroll, Orchard Park Jaycees: He spoke about up coming events.
Marvin Ashburn, 6326 Benning Road: He spoke about the bell that once was in front of Town Hall.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, to wit: the meeting was adjourned at 7:40 PM (local time).
Respectfully Submitted,
Town Clerk