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 April 2006 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were:
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PRESENT AT ROLL CALL: |
Mary Travers Murphy |
Supervisor |
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Nancy W. Ackerman |
Councilwoman |
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Stanley A. Jemiolo, Jr. |
Councilman |
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David R. Kaczor |
Councilman |
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Mark C. Dietrick |
Councilman |
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Janis Colarusso |
Town Clerk |
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Leonard Berkowitz |
Town Attorney |
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Andrew Geist |
Building Inspector |
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Samuel McCune |
Chief of Police |
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Frederick Piasecki, Jr. |
Highway Superintendent |
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Wayne Bieler |
Town Engineer |
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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 COUNCILMAN DIETRICK, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on March 15, 2006, 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.
New Business #1 Authorize Supervisor to submit application to NYSDEC for Equipment
2) 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 submit an application to the New York State Department of Environmental Conservation (NYSDEC), Municipal Waste Reduction and Recycling Program requesting $118,184 to reimbursement the Town for the following equipment: one loader for $78,232, one loader for $2,645, one loader $6,000, one loader for $4,000 and one loader for $1,500. The five pieces of equipment are used solely for recycling and are permanently housed at the Orchard Park Compost Site. The Town also purchased and will use exclusively for recycling/composting, two, 2006 International 7400 trucks, with hydraulic oil for $71,996 each totaling $143,992.
The resolution was unanimously adopted.
New Business #2 Authorize Supervisor to sign Marketing Agreement for Compost Site
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 the Supervisor to sign the Marketing Agreement to enable the Orchard Park Compost Site to collect and compost all materials, and make compost available to residents of the Town of Orchard Park at a cost of $10 per cubic yard, and to non-residents at a cost of $15 per cubic yard.
The resolution was unanimously adopted.
New Business #3 Appoint Summer Staff to the Engineering Department
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby appoint Jonathan A. Herman, 3965 North Buffalo Road, Orchard Park NY, to a seasonal position in the Orchard Park Engineering Department for a fourteen week period beginning May 22, 2006, at a wage rate of $7.50/hour, as recommended by the Town Engineer.
Jonathan is a SUNY at Buffalo student starting his senior year of schooling in the Civil Engineering Department in the Fall of 2006.
The resolution was unanimously adopted.
New Business #4 Declare 1994 Crown Victoria vehicle from Engineering Department as surplus
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize the 1994 Crown Victoria vehicle to be sold as surplus at Scott Perry Public Auction at the Lancaster Speedway on April 15, 2006, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #5 – Item Tabled: The Town Board does hereby authorizes the necessary paperwork to be submitted to the New York State & Local Police Retirement System offering the Non-contributory Section 384-e Plan as previously agreed to in the Collective Bargaining Agreement. And, that said Non-contributory Section 384-e Plan is for an Unlimited Open Period effective on the 6th day of April, 2006 as stipulated by the Comptroller for “file” date being the postmark date.
New Business #6 – Authorize the Boy Scouts 4K Race in Village of Orchard Park
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 Rob Volo, a Boy Scout working towards his Eagle Badge, to hold a 4K Race in the Village of Orchard Park on Sunday, June 11, 100 at 9:00 AM. The focus of the race is to help a local rescue group called Best Fur Pets, who will have dogs and cats available for adoption. The race will start on Princeton Place and finish on Taylor Road.
The Town Attorney stated that this should also be referred to the Orchard Park Village Board.
The resolution was unanimously adopted.
New Business #7 – Schedule Public Hearing for “Dangerous and Unsafe” Property
7) 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 schedule a Public Hearing for Wednesday, May 17, 2006, at 7:00 PM, for property located a 4924 Ellicott Road, which has been declared “Dangerous and Unsafe”, as notified by the Building Inspector, and be it further
RESOLVED, that the Town Clerk shall publish due notice in the official newspaper of the Town.
The resolution was unanimously adopted.
New Business #8 Authorize Supervisor to sign Agreement with Aqua Tech and NYSDEC
8) 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 an Agreement with Aqua Tech Environmental, Inc., and NYDEC Permit Applications, for Green Lake and Birdsong Nature Park Lake Treatments, not to exceed $5, 350.00, as recommended by the Town Engineer.
Councilman Dietrick stated that he would vote against this motion due to procedure. He said that Supervisor Travers Murphy signed the agreement without Town Board authorization.
Supervisor Travers Murphy explained that for the last three years, the Town has had an agreement with Aqua Tech. It is automatically paid in January by the billing department. The Highway Superintendent and the Town Engineer requested to take over the treatment of the lakes and the protocol that had been in place as to how the agreement was structured needed to be changed. This has been accomplished with Aqua Tech and this situation should not happen again.
Councilman Dietrick stated as long as that happens prior to Town Board authorization, it is agreeable to him.
Supervisor Travers Murphy Aye
Councilwoman Ackerman Aye
Councilman Kaczor Aye
Councilman Jemiolo Aye
Councilman Dietrick Nay
The resolution was duly adopted.
New Business #9 Schedule Public Hearing to Establish Drainage District #1 for Armor Knoll Subd.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby schedule a Public Hearing for Wednesday, April 19, 2006 at 7:00 PM, to establish Drainage District #1 for the Armor Knoll Subdivision, as recommended by the Town Engineer, and be it further
RESOLVED, that the Town Clerk shall publish due notice in the official newspaper of the Town.
The resolution was unanimously adopted.
New Business #10 Adopt the Adjusted Wage Scale for Non-Union Employees
10) 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 adoption of the Adjusted Wage Scale, dated 4/1/06, for Non-Union Employees, which are attached to these minutes.
The resolution was unanimously adopted.
New Business #11 Refer to the Planning Board and/or Conservation Board
11) 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 refer the following request to the Planning Board and/or Conservation Board: Kurt Sedlmeier, 3518 and 3520 Southwestern Boulevard for consolidation of properties to enhance the Volkswagen Dealership.
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
Supervisor Travers Murphy updated the audience on the legality of the Insurance Brokers Committee issue. She thanked everyone who e-mailed, wrote letters and called to have her research this situation. She contacted the NYS Attorneys Office and the NYS Comptrollers Office. Assistant State Attorney General, Jim Morrisey, who replied within hours, came to the Municipal Center to speak with her and stated he had deep concerns on the legality of the Committee. Supervisor Travers Murphy briefed Town Attorney Berkowitz on the matter. He stated that the Town Board will ask for a formal opinion from Mr. Morissey, to which the Town will comply.
Councilwoman Ackerman reiterated her desire for the Town Board to follow the four “C’s”, which are consideration, conversation, cooperation and consensus. She stated that there are five members on the Town Board and information should be shared. The Town Board should be united in serving the residents. She also stated she received an anonymous letter from someone, which needed to be referred to the Ethics Committee.
12) 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 authorize to refer an anonymous letter to the Ethics Committee.
The resolution was unanimously adopted.
Councilman Jemiolo stated that there was another meeting between the Town Board, Conservation Board and the Auckland Avenue residents concerning buffering in regard to the Jim Ball project. He stated that he is pleased to report that everyone is satisfied with the decision for a berm to be installed by Mr. Ball, instead of a fence. Councilman Jemiolo thanked the residents of Auckland Avenue, especially Mr. And Mrs. Waite, Councilwoman Ackerman, Conservation Chairman, Richard Schechter and Nick Taneff.
Councilman Jemiolo stated that unfortunately, the Town has not been able to come to terms on a contract with the CSEA Blue Collar Union. Councilman Jemiolo extended his gratitude to the Officers of the Unit, Toby Zintz, Tony Delmonte and Paul Tuttle who conducted themselves as gentlemen throughout this process.
Councilman Jemiolo stated that in regard to the Insurance Committee, the Town Board works hard on issues which need to be constantly reviewed. He and Supervisor Travers Murphy will be working on recommendations to the Town on the best way to proceed with the Insurance and the Insurance Committee.
Councilman Kaczor reported that the Green Lake property, which was generously donated by Harry Yates fifty years ago for use by the Girl Scouts, was to revert back to the Saperston Corporation if no longer used for this purpose. The Saperston Corporation is no longer in existence and the property has been acquired by the Girl Scouts, which is now for sale for over half a million dollars. Councilman Kaczor stated his disappointment and feels the Girls Scout Organization has a moral obligation to live up to the original intent of Harry Yates for use of that property.
Councilman Dietrick stated his concerns about the handling of the issue regarding the Insurance Committee. He has been researching questions asked of him by some residents concerning this situation.
Highway Superintendent Piasecki stated that in March 27, 2006, the Hartford Insurance Company inspected the grounds and they are in great shape, plus there have been no automobile liability claims filed and commends the Highway Department employees.
Department Heads from the Floor:
No one spoke
State and County Representatives:
Legislator John Mills: Mr. Mills notified the audience of the move of his office to 431 Main Street, East Aurora. He believes this move was necessary to be centrally located for District 13, plus it saves the taxpayers approximately $3,000. He stated that he will be obtaining information on reconstruction of Erie County roads and areas of remedial drainage problems for the Town very soon. He is also working with Erie County Sheriff Howard on State and Federal Grants for the D.A.R.E. Program in the area. Finally, Legislator Mills will be representing District #13 at the Erie County STOP-DWI Awards Breakfast on Friday, April 7, 2006.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED that the Town Board does hereby authorize the approval of all entries on Warrant #7 following auditing by members of the Town Board and in the funds indicated:
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General Fund |
$229,316.67 |
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Part Town Fund |
$7,496.20 |
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Risk Retention |
$0.00 |
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Cemetery Fund |
$0.00 |
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Highway Fund |
$64,420.20 |
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Special Districts |
$9,609.22 |
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Trust & Agency |
$7,824.26 |
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Capital Fund |
$73,803.70 |
The resolution was unanimously adopted.
Receive & File Communications
14) 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 receive and file the following Communications:
· The New York State Department of Agriculture & Markets, Soil and Water Conservation District and the Cornell Cooperative Extension announcement of the Clean Sweep NY Program for 2006. During the week of April 24, 2006 there will be an entirely legal and economical opportunity to dispose of cancelled, obsolete or otherwise unusable pesticides. For further information, call 1-877-SWEEPNY, or visit www.cleansweepny.org. ;
· Fifteenth Annual Erie County STOP-DWI Awards Breakfast, 8:30 AM, Friday, April 7, 2006 at Kotecki’s Grandview Grove, 4685 Seneca Street, West Seneca;
· Public Hearing to be held by the Planning Board of the Town of Orchard Park, at the Municipal Center, on the 12th day of April 2006, at 7:30 PM in the matter of the application of Marrano Marc/Equity, Inc., regarding Baker Highland Subdivision, ± 17.679 acres of land, in a R-2 Zoning District.
The resolution was unanimously adopted.
Jim Craw, 2 Creekside Drive: Mr. Craw stated that the developer of the Weiss Road Volleyball Court Project, LBM Construction, held three meetings inviting the neighborhoods that are directly affected. Although informative, he told the Town Board that the residents still are not in favor of the rezoning.
Debbie Reed, 6275 Milestrip Road: Ms. Reed asked the Town Board for help with Erie County to fix the property damage and drainage with her property.
Dr. Patrick Keem, 8 Highbrook Court: Mr. Keem is a new resident to Orchard Park and wants to become involved. He is a member of “Free Buffalo”, a taxpayer watchdog group, who give their full support to Supervisor Travers Murphy.
Scott Kroll, 6308 West Quaker Street: Mr. Kroll commented on the character of the members of the Insurance Committee.
Dave Stott, 15 Locust Drive: Mr. Stott stated that there was enough time to review the Insurance before the May deadline. He felt that maybe there should be a moratorium on building next to waterways until studies could be conducted to prevent costly repairs later.
Dave Bailey, 2 Old Orchard Lane: Mr. Bailey asked the Town Board to conduct the Town’s business with integrity, involvement and questions and to function as a team.
Henry Dinder, 5532 Big Tree Road: Mr. Dinder stated the issue of gunshots that were fired and hit his house several years ago, has never been addressed by the Town Board. Councilman Jemiolo explained that the DEC was sent a communication on this request. Mr. Dinder also expressed his thanks to Supervisor Travers Murphy for her research on the Insurance and hopes that with cooperation she and the Town Board can resolve it.
Scott Basista, 14 Boldt Court: Mr. Basista asked that the Town Board not rezone the Weiss Road area for the prpoposed Volleyball Court Project and direct the Planning Board in the future to make rezoning of residential land the last resort for developers. Councilman Jemiolo explained that the Planning Board does not have the authority to stop a project and can only recommend to the Town Board their findings.
Ron Stadelmaier, 73 Eaglebrook Drive: Mr. Stadelmaier gave the Town Board his independent review of the SEQR for public record in regard to the Weiss Road Volleyball Court Project. His hope was that this information will assist the Town Board in rendering a Positive Declaration.
Bob Catalano, 7339 Erie Road, Derby: Mr. Catalano offered congratulations to Supervisor Travers Murphy.
Sue Cushman, 27 Hawthorne Avenue: Ms. Cushman thanked Councilman Kaczor for presenting the history about the Girl Scout Camp property and offered her help for fund raising efforts to try and purchase it for the Town.
Dr. Anthony Lorenzetti, 24 Boldt Court: Mr. Lorenzetti conveyed frustration and distrust regarding the Weiss Road Volleyball Court Project. Councilman Dietrick explained that the Gymnastics Unlimited, which is in close proximity, was built in a B-2 zone which is business and appropriate, unlike the proposed Volleyball Court which is zoned R-2.
Debbie Naparowski, 61 Eaglebrook Drive: Ms. Naparowski thanked the Town Board for listening to the concerns of their neighborhood and asked that they don’t rezone for the Volleyball Court.
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Jeff Wilson, 358 South Lincoln Avenue: Mr. Wilson asked about any response to his letter sent three weeks ago to the Town on the appointment of an Inspector in the Engineering Department. Town Engineer Bieler explained the information and procedure to Mr. Wilson.
Fred Willig, 69 Eaglebrook Drive: Mr. Willig gave many reasons why he is against the rezoning for the Volleyball Court. Councilman Jemiolo explained that the Town Board is not the force behind the proposal to rezone the land for the Volleyball Court, but is responsible to listen to the petition put forth by Mr. Hill.
Richard Zajac, 5053 S. Freeman Road: Mr. Zajzc questioned Supervisor Travers Murphy in regard to the Insurance issue.
Cesar Cardarelli, 6375 Lake Avenue: Mr. Cardarelli stated that the creek behind his house is at capacity and it is full of garbage from neighboring businesses. The proposed Volleyball Court will need at least a fence and buffering.
Josh Naparowski, 61 Eaglebrook Drive: Mr. Naparowski implored the Town Board to not rezone his neighborhood.
Jim Lowicki, 65 Norwood Lane: Mr. Lowicki asked why the process that consistently contains the cost of Insurance for the Town was challenged. Supervisor Travers Murphy stated that the Insurance hasn’t been put out to bid for the last several years and a proposal was given to her to show there could be a savings for the Town.
Paul Powell, 45 Tanglewood Drive West: Mr. Powell stated he sent the e-mail to the Supervisor about the Insurance and gave her the proposal. He also stated that he asked for a meeting with the Insurance Committee to review their proposal and was denied that request.
Nick Taneff, 279 Summit Avenue: Mr. Taneff thanked the Town Board, especially Councilman Jemiolo and Councilwoman Ackerman, for their hard work towards rectifying the buffering problems between Jim Ball and the residents of Auckland Ave., especially because of the problems that took place in his neighborhood six years ago.
Michael Stebick, 14 S. Lincoln Avenue: Mr. Stebick felt it was inappropriate for people from other Towns to speak at Orchard Park’s Town Meeting. He stated that he thought the problem with the Insurance issue was that Supervisor Travers Murphy decided to contact the Press instead of conferring with the members of the Town Board.
There being no further business from the floor, on motion by Councilman Kaczor, seconded by Councilman Jemiolo, to wit: the meeting was adjourned at 9:50 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk