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 20th day of October, 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
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
ABSENT: Stanley A. Jemiolo Councilman
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 use of Community Development Block Grant Funds (CDBG) in the Town of Orchard Park.
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.
Town Engineer Wayne Bieler gave a brief overview of the program: The Town of Orchard Park may be eligible to receive Community Development Block Grant (CDBG) Funds from the U.S. Department of Housing and Urban Development (HUD) for the 2005 Program Year. The purpose of this public hearing is to provide an opportunity for citizens to discuss the needs of the community. The Town of Orchard Park belongs to a consortium of 34 municipalities. This year the County anticipates that Federal funding for this program year will remain at current levels with approximately $1,000,000 available for community projects. There will be a cap of $90,000 per project with a maximum of three projects funded per municipality. This year the consortium will receive a grant of approximately $ 3.6 million from HUD. The grant will be divided into four spending categories: 27% for Community Projects; 27% for Housing; 27% for Economic Development; and 19 % for Administration and Planning.
To be eligible for CDBG funding, the proposed project must satisfy one or more of the following national objectives: 1) Benefit Low and Moderate Income Persons, 2) Correct Slums and Blight, and 3) Meet an urgent community need.
It is estimated that the 2004 allotment for the Erie County CDBG Consortium Community’s projects will be $1,000,000. Funds will be granted on a competitive basis to those municipalities whose projects best meet the HUD goals described above. Applications for this year’s Community Development Block Grant funds must be submitted by November 1, 2004.
Some suggested projects in the Town of Orchard Park, which may qualify for funding in 2005, include:
PROJECT ESTIMATE
Oakwood-Allen Reconstruction Project $ 160,000
(pending survey results)
Allen Reconstruction $ 125,000 / $ 90,000
(pending survey results)
Iroquois Drive Reconstruction Project $ 350,000
(pending survey results)
Iroquois Drive Drainage $ 130,000 / $ 90,000
(pending survey results)
Rural Transit Service $ 90,000
(participation in existing program w/12 towns & 7 villages)
Last year the Town submitted applications for the Iroquois Drive Reconstruction, Oakwood-Glen-Allen Reconstruction, and the Rural Transit Service Program. Only the Rural Transit Service Program received funding. It is likely that the Town will again submit an application for funding to continue our participation in the Rural Transit Service Program. This program provides van transportation for eligible citizens. Trips can be for any reason but are prioritized for medical and health concerns.
Town of Orchard Park Community Development Program Funding History as of 9/30/04:
Year Expended Year Expended
1976 111,792.00 1990 34,183.00
1977 111,792.00 1991 90,000.00
1978 111,792.00 1992 0
1979 111,792.00 1993 150,630.00
1980 111,792.00 1994 0
1981 111,792.00 1995 0
1982 259,977.59 1996 40,000.00
1983 58,448.49 1997 0
1984 64,499.92 1998 0
1985 50,852.00 1999 135,000.00
1986 20,171.00 2000 0
1987 0 2001 0
1988 0 2002 190,000.00
1989 23,357.00 2003 0
Total $ 1,787,871.00
Costs for administration of grant monies were reimbursed to the Town for the years 1977-1980, but administration is now done entirely by Erie County. The Housing Rehabilitation Program was administered by the Town for years 1978-1981, but now the program is administered directly by Erie County. In 1996, the Town began participation in a transportation service with approval of an additional grant for $34,782 for the purchase of a handicap van. These funds and additional funds used for annual operation and maintenance do not accrue to the Town. The program is administered by Erie County through a not for profit agency.
Supervisor Cudney opened the Public Hearing for public input: No one spoke.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Community Development Block Grant Funds for the Year 2005 is hereby closed at 7:08PM (local time).
The resolution was unanimously adopted.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Town of Orchard Park to submit applications for Allen Reconstruction at $125,000 requesting $90,000 in CDBG Funds, Iroquois Drive Drainage at $130,000 requesting $90,000 in CDBG Funds, and the Rural Transit Service (participation in existing program w/12 towns, 7 villages) at $90,000 for the Community Development Block Grants for the Year 2005-2006, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #1 Authorize a Perpetual Conservation Easement for Angelo & Christa Amato
3) 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 approve the request for a Perpetual Conservation Easement for Angelo and Christa Amato, 5796 Seufert Road, for 8 acres of land, as recommended by the Conservation Board.
The resolution was unanimously adopted.
New Business #1 Robert Bielaszka, 2911 Southwestern Blvd., Requesting a Change In Use
4) 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 authorize a Change In Use, for Robert Bielaszka, 2911 Southwestern Boulevard, from a transmission shop to a meat and deli store. The Planning Board, 10/14/04, recommends approval of this request and of the site plans with the following stipulations:
1. This is an Unlisted SEQR action based on the submitted Short EAF, Parts One and Two, and a negative declaration is recommended.
2. The lighting is to be limited to three (3) 200-watt high-pressure sodium wall packs (although listed as 200-watt, the manufacturer may only supply 150-watt). The Town would prefer the applicant use 150-watts; however, he shall not be allowed to have more than 200-watts. At this time there will be no parking lot pole lights approved.
3. The parking lot spaces shall be delineated on a new plan and given to the Planning Coordinator for review to ensure that all town requirements are shown.
4. The applicant must place mulch around the existing trees.
Councilman Mills stated this change in use is a real upgrade to the area from a transmission shop to a meat & deli store. He also stated this store will be similar to a meat and deli store in Dunkirk called the Tuskeny Deli, which is an upscale meat & deli store. Councilman Mills feels this will be a real plus to the community. Councilman Mills also stated, his own business here in Orchard Park services the store in Dunkirk, with that, he feels he should abstain from voting this evening.
Supervisor Cudney Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Absent
Councilman Kaczor Aye
Councilman Mills Abstain
The resolution was duly adopted.
New Business #2 Jim Ball, Vacant land on Mid County, Requesting a Special Exception Use
5) 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 schedule a Public Hearing for Wednesday, November 3, 2004, at 7:00 PM, (local time) to consider an application for Special Exception Use in a B-2 Zone on, vacant land, northwest corner of Southwestern Boulevard and Mid County Drive, as requested by Jim Ball Auto Center, in order to construct a new car dealership.
The resolution was unanimously adopted.
New Business #3 Approve Change Order #4 for the Baker Road Reconstruction Project
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the URS Corporation consultant approval letter dated March 19, 2003, Construction Inspection and Construction Administration work was to be negotiated and funded under Baker Road highway and Bridge Reconstruction Capital Project, and
WHEREAS, the Engineering Department is requesting your approval of a Change Order to the contract with URS Corporation for the Baker Road Reconstruction Project in the amount of $38,758.84, if approved, this would increase the total contract amount to $340,922.88, representing an increase of 12.82%, and
WHEREAS, the Change Order requested is to perform additional work under the under the original contract, Part III Construction Administration. The additional work involves periodic site visits supporting inspection work, interpretations of contract documents and respond to other technical engineering related questions, identify conflicts in the contract documents, issue clarifying details, prepare and recommend change orders and modifications (field changes) of plans and specifications as may be necessary as the work progresses, identify additional construction costs or credits, confer with the Town or representatives of public and private organizations and residents where their interests are affected by the project, prepare a schedule of the required shop drawings to be submitted by the contractor, review submittals, catalog cuts, attend pre-construction conference and bi-weekly meetings, and provide project record drawings from inspectors red line markups on CD.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Change Order #4 to the original contract with URS Corporation, for consultant services on the Baker Road Reconstruction Project in the amount of an increase of $38,758.84, as recommended by the Town Engineer.
Councilman Kaczor stated the increase to this contract was anticipated when the Engineering Department was finalizing the original contract in 2003.
The resolution was unanimously adopted.
New Business #4 & 5 Posting of a Stop sign on Montclaire Lane @ Graystone Lane
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, upon dedication of the Barrington Heights Subdivision, Part 1, Phase 2, and pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York
NOW, THEREFORE, it is hereby
ORDERED, that stop signs be erected, effective immediately, within the Town of Orchard Park, outside the incorporated Village of Orchard Park, on Montclaire Lane at the intersection of Graystone Lane and on Highcrofte Lane at the intersection of Graystone Lane
ORDERED, that the Superintendent of Highways be and is hereby directed to post the proper and necessary signs at said locations.
At this time the Supervisor stated the above changes where recommended by the Police Chief, Highway Superintendent and the Town Engineer.
The resolution was unanimously adopted.
New Business #6 Approve Change Order #1 for the Baker Road Reconstruction Project
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Engineering Department is requesting the Town Board approval of Change Out #1 to the contract with Sicar, Inc. for the Baker Road Reconstruction Project in the amount of $13,093.50, and
WHEREAS, if approved, this would increase the total contract amount to $2,896,416.50, representing an increase of 0.45%, and
WHEREAS, the Change Order requested is to perform additional work associated with the installation of bituthene membrane waterproofing on the bridge structures to maintain in the NYSDOT bridge inspection classification rating, and prolong the life-span of the structures
RESOLVED, that the Town Board does hereby authorize Change Order #1 to the contract with Sicar, Inc., for the Baker Road Reconstruction Project in the amount of an increase of $13,093.50.
The resolution was unanimously adopted.
New Business #7 Authorize the Shut off Of Water Service Laterals / Water Meter Change-Out
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Engineering Department is in the process of mailing certified letters to the delinquent properties that have failed to comply with the meter changeover project, and
WHEREAS, the Town Engineer is requesting that the Town Board pass a resolution to terminate service to these properties if they fail to respond to the scheduling of the meter change over after receiving a certified letter dated October 18, 2004, and
WHEREAS, at present there are thirteen (13) outstanding properties, that have not responded, of the 1,606 customers. It should be noted that six (6) of these properties appear to be vacant at the present time, and
WHEREAS, in order to continue work and complete the final stages of construction work of Comprehensive Water System Improvements Part I & II, various areas that will need to be supplied directly from Erie County Water Authority, ECWA has required that 100% of all meters be changed before the system can be operated under Lease Managed by ECWA, and
WHEREAS, to complete the Comprehensive Water System Improvements Part I & II projects, and turn operation of the system over to the ECWA, the Town must have the option to terminate service if a response is not received and the Town is unable to complete the meter change-out work
RESOLVED, that the Town Board does hereby authorize the termination of water service to non-complying properties, which the Town’s contractor has been unable to perform the meter change-out work after completing several attempts, as specified in the contract documents, and where the Town has made additional attempts to schedule meter change-out installation but has been unsuccessful.
Councilman Kaczor stated, in order to move ahead to complete the water project so that the Town can hand over all responsibilities to the County of Erie, the Town needs to terminate water service to non-complying properties.
The resolution was unanimously adopted.
New Business #8 Village Requesting Voting Machine & Basement Rm. for Village Elections in 2005
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from the Village of Orchard Park to use the Municipal Center Basement Conference Room, for their Village Elections, Tuesday, March 15, 2005, from Noon to 9:00 PM, and be it further
RESOLVED, that the Town Board does hereby approve the request from the Village of Orchard Park for the use of two (2) Town of Orchard Park voting machines, with the stipulation that the machines are returned as received, with any necessary repairs being the responsibility of the Village of Orchard Park.
The resolution was unanimously adopted.
New Business #9 Kevin Schott, 6305 South Abbott Requesting a Special Exception Use
11) 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, November 17, 2004, at 7:00 PM, (local time) for Kevin and Elizabeth Schott, 6305 Abbott Road, for Special Exception Use in a A-1 Zone in order to operate a public stable.
The resolution was unanimously adopted.
New Business #10 & 11 Refer to the Planning Board and/or Conservation Board
12) 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 refer to the Planning Board and/or Conservation Board the following request: Jack King & Laurice Cushion, 6856 Scherff Road, requesting a Perpetual Conservation Easement for 9.3 acres of land.
The resolution was unanimously adopted.
13) 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 refer to the Planning Board and/or Conservation Board the following request: Benderson Development requesting to build a single story 7,500 square foot out-parcel building with no basement on a 1.69 acre site, located on the east side of Southwestern Boulevard to the North of the Lowe’s building & an 86 car parking-lot.
Supervisor Cudney stated she was not voting in favor of the above referral this evening, as she feels the Benderson Corporation has several other projects in Orchard Park that need to be finished. She feels the only way to get Benderson Development’s attention is deny referral of future projects. She also stated she wishes the Town Board would agree with her this evening and vote against this referral.
Councilwoman Ackerman stated this project has no connection to other projects they have before the Town Board. She stated she did meet with Benderson Corp., today and they promised they would finish the two (Super Duper and Jubilee) projects. Councilman Kaczor concurred with Councilwoman Ackerman.
Supervisor Cudney Nay
Councilwoman Ackerman Aye
Councilman Jemiolo Absent
Councilman Kaczor Aye
Councilman Mills Aye
The resolution was duly adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
14) 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 budget transfer requests, as recommended by the Dog Control Officer:
$ 200.00 From: A.3510.0419 Other Expenses
$ 200.00 From: A.3510.0420 Nuisance Animal
$ 400.00 To: A.3510.0445 Maintenance of Vehicle
The resolution was unanimously adopted.
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 approve the following budget transfer requests, as recommended by the Recreation Director:
$ 360.00 From: A.7020.0201 Playground Equipment
To: A.7020.0238 Lake-Water Quality Maintenance Contract
The resolution was unanimously adopted.
16) 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 requests, as recommended by the Supervisor’s Office:
$ 2,503.00 From: A.1220.0421 Supervisor GASB 34
To: A.7110.0477 Parks Contracted Mowing
The resolution was unanimously adopted.
Supervisor Cudney also stated that the large trash pick-up in the month of November would be one week earlier due to Thanksgiving Holiday, the week of the 15th through to the 19th. She also stated Bryant & Stratton will be celebrating their 150th Anniversary tomorrow evening, with a Grand Opening/Ribbon Cutting at the South Campus located on Sterling Park off Milestrip Road. She also stated the Erie County Legislators took some action, and with a unanimous vote, all landowners using their land for agricultural purposes can apply for an exclusion from the agricultural district between the time frame of November 1st through to November 30th. She stated this entitles the property owner to certain tax benefits and encourages the preservation of farmland.
Councilwoman Ackerman stated the Orchard Park Symphony will be conducting the Fall Concert, Friday, October 29, 2004, at the Middle School at 7:30 PM. She stated it is a Halloween Concert and the entire orchestra will be in costume, and the conductor has a secret surprise he will perform at the beginning of the concert.
The Town Clerk wanted to remind everyone in the audience of the General Election that is just around the corner, Tuesday, November 2nd, from 6:00 AM until 9:00 PM.
Highway Superintendent thanked the Supervisor for attending the Erie County Government Meeting with County Executive Joel Giambra regarding the additional sales tax for Erie County. He also commented on the issue of all Towns in Erie County plowing the County roads for the county, and not receiving any monies from the County for that service. Mr. Geitter stated there definitely would be an increase in the Highway Department’s Budget, with about three more snowplow trucks at $100,000 a piece, and many more employees, being a total increase of about $400,000, something the Town does not need at this time. Mr. Geitter stated, helping each other (Towns & County) when one needs a hand is one thing, but to hand over the County roads that lie within the Town, with out reimbursement from the County, is another.
Town Engineer stated that the Town would be postponing the bidding on the Joll’s Building Roof Replacement and Improvement Project due to the time of year and the lack of availability of materials and labor. Supervisor stated this project would be done in the Spring of 2005.
Department Heads Reports From the Floor
Recreation Director, Ed Leak, stated the Fall Festival at Yates Park/Green Lake this past weekend was a huge success. He stated, the weather held out and there were about 400 people in attendance and everyone had a great time. Mr. Leak also stated, Theresa Gang, Recreation Supervisor, received the National Administrator Certification from the National Alliance of Youth Sports, one of the highest honors one can receive while working in youth sports. Supervisor Cudney thanked Mr. Leak for organizing the Fall Festival, and she stated the Town Board appreciates a job well done.
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 approval of all entries on Warrant #20 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$111,987.65 |
|
Part Town Fund |
$6,266.38 |
|
Risk Retention |
0 |
|
Cemetery Fund |
$225.00 |
|
Highway Fund |
$70,578.45 |
|
Special Districts |
$157,772.05 |
|
Trust & Agency |
$12,428.11 |
|
Capital Fund |
$138,989.63 |
The resolution was unanimously adopted.
Receive & File Reports
18) 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 receive and file the following Reports: Building Inspector’s Monthly Report & Building Permits for September 2004.
The resolution was unanimously adopted.
Marvin Ashburn, 6326 Benning Road: Mr. Ashburn stated he was disappointed that the Supervisor didn’t bring up more issues at the meeting with the County Executive. He felt she should have spoken about the taxes the County has received in the inflation on fuel, utility bills, etc. He also talked about the County Charter and he claims the Supervisor does not have a vote on any issues before the Town Board. Town Attorney once again tried to explain to Mr. Ashburn that, by New York State Law, the Supervisor does have a vote on all Town Board issues.
Scott Kroll, Chairperson for the Orchard Park Jaycees: Mr. Kroll thanked the Town Departments for the support they gave the Orchard Park Jaycees with the Quaker Arts Festival this past September.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Kaczor, to wit: the meeting was adjourned in the memory of Merrill Windelberg, Village of Orchard Justice from 1975 to 1983, at 7:49 PM (local time).
Respectfully Submitted,
Town Clerk