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 15th day of September, 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

Ronald A. Geitter          Highway Superintendent

Wayne Bieler                Town Engineer

           

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.”

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the minutes of the Town Board Meetings held on August 15th 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.

 

PUBLIC HEARING

 

At 7:00 PM (local time) Supervisor Cudney called for the Public Hearing to hear all interested parties regarding the proposed Conservation Easements for the following residents:

 

§         Angelo & Christa Amato, 5796 Seufert Road, 8 Acres

§         Karl Kaminski, 6290 Cole Road, 10.02 Acres

§         David & Lori Lussier, 75 Cranwood Lane, 10 Acres

 

And, to authorize the Town Assessor to determine the valuation of the properties, taking into account the limitation on the future use of the land imposed by such Conservation Easements.

 

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.

 

At this time Supervisor Cudney stated Karl Kaminski sent a letter requesting 5.02 acres in his application for a Conservation Easement instead of 10.02 acres.

 

 

The Supervisor asked if there was anyone in the audience who would like to speak for or against the application for the Conservation Easement.

 

COMMENTS FROM THE FLOOR: No one spoke

 

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Public Hearing in the matter of the Conservation Easements for Angelo & Christa Amato, 5796 Seufert Road, 8 Acres, Karl Kaminski, 6290 Cole Road, 5.02 Acres and David & Lori Lussier, 75 Cranwood Lane, 10 Acres, is hereby closed at _______ PM.

 

The resolution was unanimously adopted.

 

 

Refer to the Conservation Board

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby refer the application for a Conservation Easement for the following residents;                                                             to the Conservation Board for

 

The resolution was unanimously adopted.

 
Old Business # 1 Award the Contract for the Baker Road Reconstruction Project

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

WHEREAS, that the Town of Orchard Park did receive and open sealed bids on Thursday, September 9, 2004, at 10:00 PM, in the Supervisor’s Conference room, for the Baker Road Reconstruction Project, and

 

WHEREAS, the Supervisor, the Town Engineer and the Town Clerk were all present

 

NOW, THEREFORE, be it

 

RESOLVED, that the Town Board does hereby award the bid for the Baker Road Reconstruction Project to                                                     in the amount not to exceed                               they being the lowest responsible bidder thereof, as recommended by the Town Engineer.

 

The resolution was unanimously adopted.

 

 

 

 

 

 

 

 

New Business #1 Release Escrow Under PIP #2004-03, Sterling Park Proposed Road, Phase 1

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

WHEREAS, on August 4, 2004 the Town Board accepted dedication of the public improvement constructed for Sterling Park Proposed Road, Phase 1, with the stipulation that funds paid by the contractor be held in escrow until topsoil/fill installation/removal, and repairs to grading and seeding areas within, and adjacent to the Town right-of-way was completed, and

 

WHEREAS, the contractor has since completed the required topsoil/fill installation/removal, and grading and seeding on Redtail Road, and

 

WHEREAS, the work has been 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 Tom Greenauer Development, Inc., P.O. Box 250, Springbrook New York 14140, the $7,000 held in escrow for topsoil/fill installation/removal, and grading and seeding for the Sterling Park Proposed Road, Phase 1, PIP #2004-03 (Redtail Road).

The resolution was unanimously adopted.

 

New Business #2 Commercial Park Permits

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby authorize Commercial Parking Permits to the following applicants as recommended by the Building Inspector and Chief of Police:

 

§         Richard Schosek, 3878 Southwestern Boulevard

§         Danny’s South, 4300 Abbott Road

The resolution was unanimously adopted.

 
 
New Business #3 Re-Appointment to the Board of Assessment Review Board

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby re-appoint Tom Valentine, 35 Coventry Lane, as a member to the Board of Assessment Review, term ending September 30, 2009.

 

The resolution was unanimously adopted.

 
New Business #4 Village of Orchard Park Holding Annual “Holiday in the Park”

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby authorize the Village of Orchard Park to use the green area on either side of the Train Depot from Saturday, December 4, 2004 through the week of January 3, 2005, to display the lighted holiday trees during the “Holiday in the Park” festivities.

 

The resolution was unanimously adopted.

 

 

 

 

 

 

 

New Business #5 Authorize a Traffic Order to the Hammocks to erect “Stop” signs within complex

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

WHEREAS, the Hammocks apartment complex is requesting to erect “Stop” signs at the entrance and within the complex, and

 

WHEREAS, upon recommendation of the Chief of Police and pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York

 

NOW, THEREFORE, be it

 

RESOLVED, that the Town Board does hereby authorize the Hammocks apartment complex, located on the east side of Orchard Park Road, south of Southwestern Boulevard, to erect “Stop” signs at the entrance of the complex and within.

 

The resolution was unanimously adopted.

 

 

New Business #6 – 2004-2005 Fall/Winter Recreation Staff Appointments

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby approve the following appointments to the 2004-2005 Fall/Winter Staff for the Recreation Department, pending on submission of the required certifications, as recommended by the Recreation Director:

 

Name                                       Address                                              Position

Stephanie Battaglia                    112 Burbank Drive                                Guard

Andrew Burnside                      4586 West Lake Drive, Dunkirk             Aide

Sarah Chmura                           26 Rutland Street, Buffalo                      Aide

Elizabeth Dillon             145 Independence Drive                        Aide

Karen Dolce                             58 Tanglewood Drive                            Aide

Chris Fitzgerald                         6231 Bunting Road                                Aide

Marilyn Found                           7546 Chestnut Ridge Road                     Guard

Theresa Gang                           65 School Street                                    Supervisor

Patty House                              262 Fawn Terrace, West Seneca                        Guard

Joe Huber                                 6680 Gartman Road                               Aide

Flo Kirkner                               16 Bender Drive                                    Supervisor

Marcin Kucharski                      3965 California Road                             Aide

Giana Mulville                           56 Chauncey Lane                                Aide

Kari Mielcarek                          4140 Stockton Lane, Hamburg               Aide

Jennifer Palmo                          57 Kirkwood Drive, West Seneca           Aide

Laura Palmo                             5 Lakewood Drive                                 Aide

Ray Rayeski                             8112 Cole Road, Colden             Aide

Mike Schamann                                    6174 Armor Road                                  Aide

Andrew Schultz                         164 Stonehenge Drive                            Aide

Michelle Seagrave                     13272 Park Street, Alden                       Guard

Bernie Smith                             6267 Hillcroft Drive, Boston                   Aide

Lynda Sommerville                    46 Chauncey Lane                                Aide

Eva Szinger                               30 Carey Drive                                     Aide

Beth Walh                                7 Birch Run                                          Aide

Tom Wellington                         6711 Milestrip Road                               Aide

Sue Wiencek                             6344 Milestrip Road                               Guard

Elizabeth Yates                         240 Independence Drive                        Aide

Darcy Zappia                            32 Quaker Lake Terrace                                   Aide

 

The resolution was unanimously adopted.

 

 

 

New Business #7 Refer to the Planning Board

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby refer to the Planning Board the application submitted by The Krog Corporation requesting a building permit to construct a new 25,000 square foot building in the Quaker Center Industrial Park for Genius Tools Atlantic, Inc.

 

The resolution was unanimously adopted.

 

 

 

ELECTED OFFICIALS AND DEPARTMENT HEADS

 

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby

 

The resolution was unanimously adopted.

 

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby

 

The resolution was unanimously adopted.

 

Department Heads From The Floor

 

 

 

 

 

 

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #18 following auditing by members of the Town Board and in the funds indicated:

 

General Fund

 

Part Town Fund

 

Risk Retention

 

Cemetery Fund

 

Highway Fund

 

Special Districts

 

Trust & Agency

 

Capital Fund

 

 

The resolution was unanimously adopted.

 

Receive & File Reports

 

) THE FOLLOWING RESOLUTION WAS OFFERED BY, WHO MOVED ITS ADOPTION, SECONDED BY, TO WIT:

 

RESOLVED, that the Town Board does hereby receive and file the following Reports: Chief of Police’s Monthly Report for August 2004, and the Building Inspector Monthly Report and Building Permits for August 2004.

The resolution was unanimously adopted.

 

 

BUSINESS FROM THE FLOOR

 

There being no further business from the floor, on motion by                                                    , seconded by                         , to wit: the meeting was adjourned at           PM (local time).

 

Respectfully Submitted,

 

 

 

 

Janis A. Colarusso

Town Clerk