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 17th day of November, 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
Kathleen A. Swarbrick Deputy Town Clerk
Leonard Berkowitz Town Attorney
Andrew Geist Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Highway Superintendent
Wayne Bieler Town Engineer
ABSENT: Janis A. Colarusso Town Clerk
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.”
PUBLIC HEARING
At 7:00 PM (local time), the Supervisor called for the Public Hearing to hear all interested parties regarding the application for Special Exception Use in an A-1 Zone, for 6305 South Abbott Road, in order to operate a Public Stable, as petitioned by Kevin and Elizabeth Schott.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
Supervisor Cudney asked if anyone would like to speak and no one came forward.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing in the matter of an application for Special Exception Use in an A-1 Zone, for 6305 South Abbott Road, in order to operate a Public Stable, as petitioned by Kevin and Elizabeth Schott is hereby closed at 7:07 PM (local time).
The resolution was unanimously adopted.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby approve the Special Exception Use in an A-1 Zone, for 6305 South Abbott Road, for a Public Stable, as petitioned by Kevin and Elizabeth Schott, with the following stipulations:
· This is an Unlisted SEQR Action based on the submitted Short EAF Parts 1 and 2 and a Negative declaration has been made.
· Fees shall be paid in accordance with §144-70C, of the Town Code prior to publication of the Public Hearing Notice.
· The recommendation is contingent upon the applicant completing the project as proposed on the development plans received 10/1/04, and shall revert to its original Zoning Classification if the project is not completed per §144-67 of the Town Code.
· The proposed project is in compliance with the Town’s long range comprehensive plan.
· The applicant has demonstrated a need for the project.
· The project is compatible with the adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land value or public safety.
· The applicant has demonstrated an orderly flow of traffic ingress and egress.
· The applicant has provided suitable parking facilities.
· Landscaping as indicated on the proposed plan will provide adequate screening.
· Free area for recreation is not required.
· The nearness and impact on schools and utilities is not an issue.
· The health and safety of adjacent properties is not affected.
The resolution was unanimously adopted.
Old Business #1 Ad Valorem & Benefit Basis Special District Preliminary Budgets for 2005
3) 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 adopt the Town of Orchard Park 2005 Benefit Basis Special District Preliminary Budget as previously filed by the Town Supervisor in the Town Clerk’s Office.
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 adopt the Town of Orchard Park 2005 Ad Valorum Budget, which includes General, Town Outside Village and Highway Funds, as previously filed by the Town Supervisor in the Town Clerk’s Office and known as the “Preliminary” 2005 Ad Valorum Budget, with the following amendment: Within the General Fund, account A.1670.445, Economic Development, the proposed appropriations are reduced from $10,000 to $0, and the amount to be raised by real property taxes are reduced from $3,853,161.00 to $3,843, 161.00.
The resolution was unanimously adopted.
New Business #1 Authorize Supervisor to Sign Contract with Erie County for Snow Removal
5) 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 Supervisor to sign the contract for Snow Removal and Ice Control for 2004-2005 between the Town of Orchard Park and Erie County, and be it further
RESOLVED, the Town of Orchard Park will be reimbursed for lane mileage, of the county roads, for approximately $71,500.
The resolution was unanimously adopted.
New Business #2 Commercial Parking Permits
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the following 2004 Commercial Parking Permits, as recommended by the Building Inspector and the Chief of Police: Dennis Przybl, 3976 Southwestern Boulevard, Donna Morrison, 3946 Southwestern Boulevard, Gerald Mazur, 3916 Southwestern Boulevard, Ray & Sue Kowalski, 3972 Southwestern Boulevard and Daniel Pikula, 5241 Big Tree Road.
The resolution was unanimously adopted.
New Business #3 Authorize Supervisor to Sign a Letter of Commitment w/ECDEP
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the New York State Department of Environmental Conservation has awarded the Environmental Protection Fund Grant to the Western New York Stormwater Coalition, and
WHEREAS, the original Grant was for $350,000 and the total amount of the Grant received for all of the Western New York Stormwater Coalition (31 to 50 members) will now be $500,000. This is a 50/50 matching Grant, whereby the members will have to contribute to the total. The estimated local contribution for each municipality that participates would be approximately $8,065, if 31 members participate. The local contribution will be covered through the Town’s involvement with work (man-hours) performed on the Drainage Study (Phase II requirements), and Coalition projects work. If more coalition members participate, the amount would be less. The local match would equate to approximately 40 hours of in-kind services each year, with the expected completion date of December 31, 2007, and
WHEREAS, the Grant money can be used for education programs, training programs and local ordinance development and implementation. The NYSDEC is requesting that all participating members in the Coalition, that are part of the original Grant application, submit a letter of commitment for the Grant. The letter of commitment precedes an Inter-municipal Agreement that is to be entered into by all members of the Western New York Coalition. Erie County Department of Environmental and Planning Department will oversee the administration of the Grant for the Western New York Coalition members that participate
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign a letter of Commitment for cooperating in the application for Environmental Protection Fund assistance for Stormwater Phase II Implementation being made by Erie County Department of Environment and Planning, with the Town’s matching contribution being man hours incurred with the Town Drainage Study and Phase II Implementations, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #4 Appointment of Youth Representative to the OP Recreation Commission
8) 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 approve the appointment of Marissa Babcock, 6225 Newton Road, as Youth Representative to the Orchard Park Recreation Commission.
Councilman Kaczor gave a profile of Ms. Babcock’s background and accomplishments and stated that she will be a tremendous help in providing the youthful perspective to the Recreation Program in the Town. Councilman Jemiolo welcomed Ms. Babcock and thanked Ed Leak, Audrey Ramage and Councilman Kaczor for their idea of the input of our youth. Councilwoman Ackerman added her congratulations, citing her family’s history of community involvement in Scouting. Supervisor Cudney introduced Ms. Babcock, who was in the audience.
The resolution was unanimously adopted.
New Business #5 Approve Out-of-Districts Agreements with Orchard Park Water District #4
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, at a work session of the Orchard Park Town Board members and the Orchard Park Village Board members, it was established that the following properties will need Out-of-District water approval: Terence J. Young, 4144 North Buffalo Street & 4142 North Buffalo Street and Anthony A. Tarquini As Trustee, 4110 North Buffalo Street, and
WHEREAS, the businesses are located outside the boundaries of Orchard Park Water District # 4, in the village of Orchard Park, but currently connected to Water District # 4 water mains, and
WHEREAS, the Village of Orchard Park, in a letter dated November 16, 2004, gave it’s approval to the Town of Orchard Park to service Mr. Young’s properties and Mr. Tarquini’s property, and
WHEREAS, the owners of the properties have completed Out-of-district Water Service Agreements
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the following Out-of-District Water Agreements between Orchard Park Water District #4 for the following properties, as recommended by the Town Attorney and the Town Engineer:
Terence J. Young 4144 North Buffalo Street – SBL 162.17-1-2
4142 North Buffalo Street – SBL 162.17-1-35
Anthony A. Tarquini As Trustee 4110 North Buffalo Street – SBL 162.17-1-1
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Town Board has approved as Out-of-District Water Customers the following:
Terence J. Young 4144 North Buffalo Street – SBL 162.17-1-2
4142 North Buffalo Street – SBL 162.17-1-35
Anthony A. Tarquini as Trustee 4110 North Buffalo Street – SBL 162.17-1-1
WHEREAS, the Town of Orchard Park is transferring the water service to the Erie County Water Authority, and
WHEREAS, the Erie County Water Authority requested an Indemnification Agreement regarding these properties, and
WHEREAS, the Agreement is as follows: Pursuant to a resolution on November 17, 2004, the Town of Orchard Park hereby agrees to indemnify and defend the Erie County Water Authority for any legal fees or expenses they may incur in defending themselves in connection with certain Out-of-District Residential Water Services Agreements with Terence Young, the owner of 4142 and 4144 North Buffalo Street, Orchard Park, New York; and Anthony Tarquini, as Trustee of 4110 N. Buffalo Street, Orchard Park, New York
RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the Indemnification Agreement regarding the Out-of-District water customers Terence J. Young at 4144 North Buffalo Street, SBL 162.17-1-2 & 4142 North Buffalo Street, SBL 162.17-1-35, and Anthony A. Tarquini As Trust at 4110 North Buffalo Street, SBL 162.17-1-1, as recommended by the Town Attorney.
Supervisor Cudney stated that this is the last official act in order to turn the Town water over to the Erie County Water Authority. It is an historic event and represents the start of the new water system. Supervisor Cudney thanked the Town Board, Town Engineer and Town Attorney for this final agreement.
Councilwoman Ackerman stated that the Village has worked with the Town for the completion of this project.
Councilman Jemiolo stated that now water pressure and fire protection will increase in the Town. Councilman Jemiolo thanked our current Town Engineer, Wayne Bieler and former Town Engineer, Michael Merritt for their years of effort on this great project. This is a much-needed improvement to the Town’s water system and will be less expense for the residents and businesses.
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
Budget Transfers
11) 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 approve the following budget transfer request:
$500.00 From: A.1450.0444 Elections, Polling Place Rental
To: A.1410.0450 Publishing
$600.00 From: A.1450.0010 Election Inspectors
To: A.1410.0461 Records Management
The resolution was unanimously adopted.
12) 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 the following budge transfer request:
Building Inspector:
$300.00 From: B.3620.0201 Computer Software
To: B.3620.0445 Vehicle repair & maintenance
The resolution was unanimously adopted.
Supervisor Cudney stated that as Americans, we have much to be thankful for and extended best wishes to everyone for a Happy Thanksgiving.
Councilman Kaczor stated the Orchard Park Recreation Department will hold “Breakfast with Santa” on Saturday, December 4, 2004 at Jemiolo’s South from 9:00 AM until 12:00 PM. Councilman Kaczor thanked Councilman Jemiolo for volunteering to host this event again at his restaurant. The sponsors are Vin-Chet’s Pastry Bakery, Tim Horton’s, Bauer Mobil and Jemiolo’s South.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Engineering Department is requesting the approval of Change Order #2 to the contract with Sicar, Inc. for the Baker Road Reconstruction Project in the amount of $40,362.00, and this would increase the total contract amount to $2,936,778.50, representing an increase of 1.39%, and
WHEREAS, the Change Order requested is to perform additional work associated with the relocation of the existing waterline crossing the creek that is in conflict with the North Bridge’s west wing walls. The change order also includes the addition of ductile iron piping for the waterline road crossing required by ECWA and deletion of the installation of structural drainage composite on the surfaces of the bridges and their wing walls
RESOLVED, that the Town Board does hereby approve Change Order #2 to the original contract with Sicar, Inc. for the Baker Road Reconstruction Project in the amount of an increase of $40,362.00 as recommended by the Town Engineer.
The resolution was unanimously adopted.
DEPARTMENT HEADS FROM THE FLOOR
Ed Leak, Recreation Director: Mr. Leak thanked the Town Board, Recreation Commission and Audrey Ramage, the Recreation Commission Chair, for the addition of a youth representative. He stated that his Recreation Assistant, Theresa Gang, recommended Marissa Babcock for this position. Mr. Leak asked everyone for their thoughts and prayers for Ms. Gang’s family, as her husband has been called back to service in Iraq.
14) 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 #22 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 88,204.44 |
|
Part Town Fund |
215.28 |
|
Risk Retention |
0.00 |
|
Cemetery Fund |
0.00 |
|
Highway Fund |
38,241.68 |
|
Special Districts |
128,527.50 |
|
Trust & Agency |
16,512.00 |
|
Capital Fund |
133,979.42 |
The resolution was unanimously adopted.
Receive & File Reports
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 receive and file the following Reports: Building Inspector’s Monthly Report & Building Permits for October 2004, and the Chief of Police’s Monthly Report for October 2004.
The resolution was unanimously adopted.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Supervisor Cudney, to wit: the meeting was adjourned at 7:35 PM (local time).
Respectfully Submitted,
Deputy Town Clerk