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 21st day of March 2007 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were:
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Mary Travers Murphy |
Supervisor |
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Nancy Ackerman |
Councilwoman |
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David Kaczor |
Councilman |
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Mark Dietrick |
Councilman |
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Deborah Yeomans |
Councilwoman |
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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 KACZOR, TO WIT:
RESOLVED, that the minutes of the Meeting of the Town Board held on March 7, 2007 are hereby tabled, as the Board Members want further time to review them.
The resolution was unanimously adopted.
PUBLIC HEARING
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the relocation of Premium Coffee, 3538 California Road, Orchard Park, into the City of Lackawanna Empire Zone, pursuant to General Municipal Law Article 18-b, Section 959(a)(iii).
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 Travers Murphy asked if there was anyone in the audience who would like to speak for or against the relocation:
Jim DeMarco, President of Pine Hill Coffee Service and Premium Coffee Roasters: Mr. DeMarco stated this company has been in Orchard Park for thirty years and the company has outgrown the facility. The coffee roasting portion of the business has grown to the point where they need a new facility and they would like to go into the retail end of the business. In Lackawanna, the company will be able to get more exposure, and by moving into the Empire Zone, the company will reap economic benefits in the form of tax breaks on purchases, utilities, property and other areas. Mr. DeMarco stated that the Pine Hill Coffee Service business will remain in Orchard Park.
Councilman Kaczor stated the shift to an Empire Zone should be of great concern to all residents of Erie County. The Empire Zones were created to be adjacent to depressed areas, and the whole idea was to revitalize those areas and attract new businesses into them. What we are seeing in Erie County now is that companies, which are expanding with 50 or more employees, are applying for what is called a “Significant Impact”. This would allow large companies, which are not in depressed areas, to receive “Zone” benefits. Councilman Kaczor feels the concept of Empire Zones is a good one, but it is being “bastardized”. We have to be on guard, the Town needs to protect the tax base of businesses; otherwise the tax burden falls on the residents. Councilman Kaczor said that the Town Board could refuse to approve the move, and then the company would not be able to receive the Economic Zone benefits, but the Town Board is not going to do that tonight.
Nicholas Tannef, 279 Summit Avenue: Mr. Tannef stated if the whole operation would have left the Town of Orchard Park, then there would be a huge negative economic impact on the town.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing in the matter of the relocation of Premium Coffee, 3538 California Road, Orchard Park, into the City of Lackawanna Empire Zone, is hereby closed at 7:10 PM (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
WHEREAS, Premium Coffee have been in business in Orchard Park for thirty years at 3538 California Road and shares this site with Pine Hill Coffee service, and
WHEREAS, Premium Coffee is looking to expand its operation and open a retail operation in a location with more public exposure and tax benefits, and
WHEREAS, the Town Board of the Town of Orchard Park has heard public comment regarding this proposed move
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Orchard Park does hereby consent to the “shift of operations” of Premium Coffee from the Town of Orchard Park to the City of Lackawanna in an Empire Economic Development Zone.
The resolution was unanimously adopted.
Old Business #1 Award the Bid for the “Yard Waste Recycler”, for the Compost Site - (Tabled) As requested by the Highway Superintendent, award the bid for a “Yard Waste Recycler” for the Compost Site. Bid opening was March 12, 2007 in the Town Board’s Conference Room.
Old Business #2 Enidine Corporation, 7 Centre Drive, Request for a Building Permit
4) 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 of Enidine Corporation, 7 Centre Drive, for a Building Permit for a 12,500 sq.ft. building with a 1,500 sq.ft. mezzanine and the addition of 47 parking spaces, and approve the site plan received 3/6/07, as recommended by the Planning Board with the following conditions and stipulations:
· This is an Unlisted SEQR action based on the submitted Short EAF Parts One and Two, and a Negative Declaration is made.
· The site lighting is limited to those fixtures and poles indicated on the approved site plan. All light fixtures shall have flat lens.
· No outside storage or display is permitted.
· Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section144-25 of the Town Code.
· A landscape completion bond in the amount of $13,895.00, or a certified check in the amount of $6,947.50, shall be provided for the approved landscape plan, which includes 18.1% interior green space area, prior to the receipt of a Building Permit, as recommended by the Conservation Board.
· Issues of sub-surface drainage are to be resolved to the satisfaction of the Town Engineering Department prior to the Town Board meeting on 3/21/07, which the Town Board did receive a letter from the Engineering Department with it’s approval.
The resolution was unanimously adopted.
Old Business #3 Quaker Crossing East, Revised Site Plan, Dated 7/24/06
5) 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 accept the revised plan dated, 7/24/06, for the Quaker Crossing East complex; a total square footage of 163,314 sq.ft. ± of the plaza, not to include the most westerly out-buildings, based on the following conditions and stipulations:
· Mr. Bernard (of the Planning Board) is designated to be the Board’s lighting liaison and work with Mr. Buchheit for approval of lighting at this project.
· Town Engineering approval was granted on 3/14/07.
The resolution was unanimously adopted.
New Business #1 Supervisor to Sign Agreement w/Aqua Tech for Green Lake Maintenance
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, to complete the algae/plant treatment for Green Lake and Birdsong Subdivision Retention Lake, it is necessary to hire an environmental consulting firm New York Certified in Aquatic Vegetation and Algae Control, and
WHEREAS, the Birdsong Estates Homeowners Association contacted the Town with concerns of excessive algai/planat growth in the retention pond located behind residences on Birdsong Parkway and Rock Dove Lane. The Town Parkland also adjoins this pond and maintenance responsibilities are to be shared between residents and the Town of Orchard Park, and
WHEREAS, the Town has solicited services and received a proposal from a local environmental consultant firm Aqua Tech Environmental, Inc., which is qualified and capable to complete lake management work for Green Lake, Birdsong Subdivision Retention Lake, and other Town owned lakes/ponds stocking in the necessary time frame, and
WHEREAS, the environmental services to be provided for the maintenance of Green Lake are proposed as an annual Lake Maintenance service agreement and will include: NYSDEC Permit Procurement, Aquatic Macrophyte Herbicide Treatment, Algae Herbicide Treatment, Water Quality Analysis, Aeration Assessment and Adjustment, and Consultation Services, the lump fund cost for 2007 is $3,500.00, and
WHEREAS, the services proposed for Birdsong subdivision Retention Lake are on a per treatment basis and include one (1) Aquatic Macrophyte (Rooted) treatment for $730.00 and 2 (2) Filamentous Algae treatments for $560.00/ea., the total cost for 2007 is $1,850.00, and
WHEREAS, Dave Adrian of Aqua Tech Environmental, Inc. who has treated Green Lake and Birdsong in the past, must start the necessary NYSDEC permitting process as soon as possible in order to complete treatments this summer, and
WHEREAS, Mr. Adrian recommended fish for the Orchard Park Fish Stocking program, and
WHEREAS, the entire projected cost for Town Lake and Pond maintenance, treatment and stocking for calendar year 2007, is not to exceed $8,317.25 (minus Birdsong Homeowners Association shared costs of $1,187.50) and the Town’s portion is not to exceed $7,129.75
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the application for NYSDEC permits to use a pesticide for the control of aquatic pest for Birdsong Subdivision Retention Lake and Green lake Aquatic Vegetation and Algae Control Projects, and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Aqua Tech Environmental, Inc., 45 Kent Avenue, Blasdell, New York 14219, to provide the following:
· Annual environmental services for Green Lake Maintenance in an amount of $3,500.00 annually for Algae and Weed Treatments.
· Environmental services for Birdsong Nature Park/Subdivision Retention lake Maintenance for Algae and Weed Treatments.
· Stock fish to specified Town-Owned ponds as per stated in attachment 3.0 and 3.1 Fishery Management Agreement, and be it further
RESOLVED, that the above mentioned services will be for an amount not to exceed $7,129.75, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Supervisor-Sign Agreement-DiDonato Associates for Bussendorfer/Forsythia Area
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, for the past several years the Town has been considering making improvements to the drainage system in the Bussendorfer/Forsythia area and the Town retained the services of DiDonato Associates to complete detailed engineering drainage studies for the expanded areas scope and now the next step is to prepare design plans so the necessary NYSDEC, or U.S. Army Corps, permits and funding can be obtained, and construction to start soon thereafter, and
WHEREAS, the Willowbrook/Bussendorfer areas are part of various subdivisions that were designed and constructed in the 1970’s, per the standards of that time, and remedial and clean up work was scheduled for that area. Due to U.S. Army Corps permit requirements, permanent and temporary easements and other issues, alternatives needed to be investigated. The study was expanded to include six areas as shown on the map that was prepared for this study, with a requirement for retention at the end of infrastructure improvements to prevent problems downstream or improve identified problems downstream, and
WHEREAS, with the final items being addressed in the study, the Town has negotiated a detailed scope of work and proposed fee with DiDonato Associates to complete the design documents for Bussendorfer/Forsythia which was also separated into five drainage improvement areas including the regional retention area at Brush Mountain Park West. The design scope is based on the final recommendations contained in the Drainage Report prepared by DiDonato Associates for the Bussendorfer/Forsythia Roads Drainage Improvement Project revised draft currently being finalized,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with DiDonato Associates, 659 Main Street, Buffalo NY 14203, to provide professional design services for the Bussendorfer/Forsythia Storm Drainage Improvements for a lump sum fee of $17,500.00 with an additional cost option to prepare drawings and specification for public bidding for a cost not to exceed $5,000.00 resulting in a total cost not to exceed $22,500.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 OP Little League to hold their 49th Opening Day Ceremonies May 5, 2007
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 request of the Orchard Park Little League to conduct a parade for the 49th Opening Day Ceremonies at 10:30 AM on May 5, 2006, with the parade to assemble at the South Davis Elementary School parking lot, proceeding down South Davis, along Thorn Ave. to Duerr Rd. and on to the entrance of the Little League Diamonds.
The resolution was unanimously adopted.
New Business #4 Town Board to adopt a Traffic Order for a 35MPH Speed Limit Sign
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN YEOMANS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, pursuant to the authority granted by §1662-a of the Vehicle and Traffic Law of the State of New York, and
WHEREAS, the Police Chief and Highway Superintendent have recommended posting “35 MPH” signs on N. Benzing Road, and Amanda Lane from Amelia Drive to N. Benzing Road
ORDERED, that a “35 MPH” sign be erected within the Town of Orchard Park on N. Benzing Road and on Amanda Lane from Amelia Drive to N. Benzing Road, and it is further
ORDERED, that the Orchard Park Superintendent of Highways is hereby directed to erect the proper and necessary signs following receipt of this order.
The resolution was unanimously adopted.
New Business #5 Appointment to the Orchard Park Police Department
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY THE ENTIRE TOWN BOARD, TO WIT:
RESOLVED, that the Town Board does hereby appoint Larry J. Brand Jr. as a Police Officer with the Orchard Park Police Department with the effective date of April 9, 2007 at a salary as stipulated in the Collective Bargaining Agreement, with his one year probationary period to begin on that date, as recommended by the Chief of Police.
The resolution was unanimously adopted.
New Business #6 Healthy Kids Day, March 31, 2007, To Support the Children in Eating Healthy
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the mission of the YMCA is to build strong kids, strong families and strong communities through programs that focus on developing healthy mind, body and spirit for all, and
WHEREAS, our children’s health is a concern for the for the whole community; that parents can be the best role models for their kids; and that kid’s health habit mirror those of their parents and other roll models; and children who possess knowledge of and who are taught to practice healthy habits will grow into strong adults, this exciting day is a great time for communities to come together to learn more about healthier lifestyles, and;
WHEREAS, the Southtowns Family YMCA throughout the Orchard Park Community is dedicated to providing programs ands services to all of local youth and adults, and;
WHEREAS, community-based responses are vital to alleviate the growing epidemic of obesity and physical inactivity, particularly among young people, and
WHEREAS, YMCAs across the nation are mobilizing to further help individuals and families who struggle to adopt and maintain a healthy lifestyle as part of the YMCA Activate America initiative, and
WHEREAS, YMCA Healthy Kids Day, a signature activity of YMCA Activate America, is a national event celebrating healthy living and helping kids and families embrace habits that can become a lifelong practice, and
WHEREAS, on Saturday, March 31, 2007, the Town of Orchard Park with the assistance of Mary Travers Murphy and the Southtowns YMCA will sponsor YMCA Healthy Kids Day to help our youth become more healthy,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby proclaim that Saturday, March 31, 2007 shall be observed as “YMCA Healthy Kids Day”.
The resolution was unanimously adopted.
New Business #7 Accept the resignation of Kirsten DiCarlo from the Recreation Commission
12) 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 accept, with regret, the resignation of Kirsten DiCarlo from the Recreation Commission.
The resolution was unanimously adopted.
New Business #8 Appointment of Mike Druding to the Recreation Commission
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
RESOLVED, that the Town Board does hereby appoint Mike Druding, in the Town of Orchard Park, to fill the vacancy on the Recreation Commission created by Kirsten DiCarlo, as recommended by Chairperson of the Recreation Commission, Audrey Ramage.
The resolution was unanimously adopted.
New Business #9 Schedule Public Hearing to Amend Town of Orchard Park Code Book
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN YEOMANS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
WHEREAS, the Town Ethics Board in July, and again in November of 2006, recommended that the Town Board add a new section to the Town Ethics Code that would eliminate any individuals who hold an officer position in any political party shall not hold a paid position in Town Government, and
WHEREAS, the new ordinance would read “No person shall be appointed to a Town position while serving as an officer of any political party. Should said person wish to accept a position with the Town, he/she must resign from serving as an officer of said political party.
NOW, THEREFORE be it
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for Wednesday, April 18, 2007 @ 7:00 P.M. in the matter of an amendment to the Town Code of Ordinance, Chapter 12; Ethics – add Section 12.2 L.
AT THIS TIME COUNCILMAN KACZOR MOVED TO TABLE THE MOTION, A SECONDED WAS MADE BY COUNCILWOMAN ACKERMAN, TO WIT:
Councilman Kaczor stated that the Ethics Board suggested changes to the Town’s Code of Ethics has been documented in meetings and in the press, and he has volunteered to work with the Board to develop revisions to the Code of Ethics to protect the rights of everyone. He feels that there multiple issues to be addressed within the Code of Ethics, and the Personnel Policy & Procedures manual. He stated they need to be well thought out, discussed, and clearly stated before a Public Hearing is held to adopt an amendment to the Ethics Code.
Councilwoman Ackerman stated that when the Ethics Board came before the Town Board, they identified twelve areas that needed to be reviewed. She said normally the Town Board addresses concerns and issues at a work session, prior to having a Public Hearing, as there are certain steps that need to be met before a Public Hearing is held. She also stated each time there is a change made to the Code, the Town has a cost to the updated Code Book, published legal, etc. Councilwoman Ackerman stated it makes more sense consider all the recommendations from the Ethics Board and not just the one issue. Councilwoman Ackerman stated that the Ethics Board also has to clarify some of their recommendations.
Councilman Dietrick stated he too would like to second this motion, as he feels it is important to have open government. He also feels that this motion is premature and more discussion needs to take place before any amendment is offered for public hearing.
Supervisor Travers Murphy stated that she feels the Ethics Board proposed new language addresses the publics’ desire to restore trust and confidence into government, and get the politics out of it. The proposed wording addresses real and perceived conflicts of interest. She stated that the Attorney General’s office stated that the language is legally sound and there is authority for its enactment, and the Town residents want this put in place. The recommendation for the proposed public hearing offered by Councilwoman Yeomans came from the Ethics Board as a single recommendation last August, not grouped with other recommendations.
Councilwoman Yeomans stated that her motion was just to set a Public Hearing to hear comments regarding the Board of Ethics recommendation it is not about doing things quickly
The following vote is for the table:
Supervisor Travers Murphy Nay
Councilwoman Ackerman Yea
Councilman Kazcor Yea
Councilman Dietrick Yea
Councilwoman Yeomans Nay
The resolution was duly adopted.
New Business #10 Refer to the Planning Board and/or Conservation Board
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
RESOLVED, that the Town Board does hereby refer to the Planning Board and/or Conservation Board the following item listed on the agenda: McGard Inc., 3875 California Rd., south of Southwestern Boulevard, a request to add 58 parking spaces to the existing site and construct a 5,500 sq.ft. garage addition on the east side of the building.
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby approve the following budget transfer, as recommended by the Town Accountant:
$ 1,113.00 From: A.1670.0439-Central Services Rental Copy Machine
To: A.1670.0200-Central service Copier Purchase
The resolution was unanimously adopted.
Councilwoman Ackerman stated a Scoping Session has been scheduled by the Town Board for Tuesday, March 27th at 7:00 PM, in the basement meeting room, regarding the Fisher Bus Service, who has requested to construct a new headquarters/facility totaling approximately 17,000 sq. ft. with parking for vehicles (buses and Cars). She stated the residents/public is invited to attend. She also stated all the involved agencies will be able to ask the petitioner the questions that they want addressed in the State Environmental Quality Review document. This meeting is only to identify what the issues are with this proposed project, and the public is also able to submit their concerns and questions. Councilwoman Ackerman stated that a meeting with the Engineering Department and the IT Department was held to discuss the mapping of Conservation Easements. It was decided that the Town needs to redefine the criteria for the Conservation Easement program, and make sure the easements that are granted are on land that is suitable for building, not on land that is unsuitable for building.
17) 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 accept, with deep regret and thanks for his many years of service, the letter of resignation from Mike McGuire, from the Planning Board.
Councilwoman Ackerman stated that Mr. McGuire served the Town of Orchard for over twenty-five years on the Zoning Board of Appeals, and the Planning Board and will be greatly missed.
The resolution was unanimously adopted.
Councilwoman Yeomans stated that at the last Town Board meeting there was a presentation regarding a proposed WalMart store, and there was a tremendous amount of response regarding this proposed project. She stated that this proposed project is in the very early stages, and there will be ample opportunity for the residents to give their input. She encouraged the residents to correspond with the Town regarding their feelings regarding the proposed WalMart.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, a tremendous asset to the community was lost when Lorraine Biryla passed away this year, she had an amazing impact on the Town of Orchard Park as she has served on many different committees and boards which blazed the way for women to be involved with politics, and
WHEREAS, Lorraine Biryla, as a member of the Planning Board and other Ad Hoc Committees, spent countless hours in the Engineer’s Conference Room working very hard on many different projects.
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Orchard Park does hereby name the Town of Orchard Park Engineer’s Conference Room in memory of Lorraine Biryla.
The resolution was unanimously adopted.
Councilman Dietrick wanted the Town to reach out to the different sports organizations in the Town to assess what their short and long term needs would be. Councilman Dietrick wanted to thank The Town Engineer and the Town Highway Superintendent for following through on this matter so the organizations feel that their concerns are heard by the Town, and will be addressed.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Orchard Park Town Board wishes to erect a sculpture on the McFarland Green, across from the Orchard Park Town Library, and
WHEREAS, contributions will be taken for the construction of the sculpture on the McFarland Green, and
WHEREAS, a separate account shall be created by the Town of Orchard Park, entitled the Historic Campus Preservation Fund.
NOW, THEREFORE, be it
RESOLVED, that this Town Board hereby authorizes the creation of a separate account to be held by the Town of Orchard Park, entitled the Historic Campus preservation Fund, which shall receive contributions for the erection of a sculpture on the McFarland Green, and be it further
RESOLVED, that the funds maintained in the Historic Campus Preservation Fund shall be utilized solely for the sculpture to be erected on the McFarland Green.
Councilwoman Ackerman said there is a group that has formed who are working to get a sculpture for McFarland Green. Mike Hamby, a former Buffalo Bill and resident of the Town, is the artist who will cast a bronze statue, half life size, of a farmer plowing a field to honor the Town’s agricultural origins. Also she wanted to make sure that people know that this sculpture is being privately funded through gifts. She stated there are no tax dollars going into this project. She commented that if there are any additional funds left after the sculpture is completed, they will go to the Train Depot.
The resolution was unanimously adopted.
Highway Superintendent, Fred Piasecki stated that they have started cleaning out the weir at Green Lake and will finish it by the end of the week, and they are also starting cleaning out the ditches.
Town Engineer, Wayne Bieler, stated he will forward the “Condition and Serviceability Evaluation” of the various county roads to the County Legislature, and Legislator John Mills.
Erie County Legislator John Mills stated that the County Executive put up a proposal to lease county property for billboard space, with one of the properties being in Orchard Park and in two other areas. He stated that he put together a resolution opposing the bill board in Orchard Park, and he feels he has enough votes to get it passed. The Legislature’s proposed resolution to oppose the County’s plan for billboards on County property will help the Town’s current litigation in opposition to billboards and it will also help the campaign to designate the 219 Expressway as a “Scenic Highway”.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, 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 #6 following auditing by members of the Town Board and in the funds indicated:
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General Fund |
$173,929.25 |
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Part Town Fund |
$5,816.70 |
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Risk Retention |
$0.00 |
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Cemetery Fund |
$0.00 |
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Highway Fund |
$58,854.50 |
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Special Districts |
$111,173.00 |
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Trust & Agency |
$23,632.18 |
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Capital Fund |
$27,356.86 |
The resolution was unanimously adopted.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
RESOLVED, that the Town Board does hereby receive & file the following communication & report listed on the agenda:
· Scoping Session, Town Board of the Town of Orchard Park; A Public Hearing is scheduled by the Town Board of the Town of Orchard Park, as Lead Agency, for March 27, 2007 at 7:00 PM, in the matter of Fisher Bus, vacant land on South Benzing Road, Zoned I-1, proposal to construct a new headquarters/facility totaling approximately 17,000 sq. ft. (office and repair shop) with parking for vehicles (buses and cars) on an 11+/- acre site. The public is invited to attend.
· Building Inspector’s Monthly Report and Building Permits for February 2007.
The resolution was unanimously adopted.
Tom McNaulty – Mr. McNaulty stated that he is opposed to the proposed WalMart in Quaker Crossing. He feels that a WalMart will contaminate the integrity of our community, have a negative impact on the other stores in Orchard Park and offer nothing positive to the communities they go into. Mr. McNaulty said there are many different things that could be put there that would be beneficial to the community or make it a destination area like Erie Pa with “Splash Lagoon. He also feels that a WalMart store will pollute and destroy the area, and then move on to the next community.
Chris Weyer – Ms. Weyer stated that she is opposed to the proposed WalMart. First she stated that she is interested in the contributions of the large developers to the elected officials, and the political parties they are affiliated with. Then she stated that she feels WalMart will be the demise of such stores as Arthur's and Anthony Brown, and will destroy the Village Center. She also brought an article from the American Educator which outlined how WalMart is MisShaping the Global Economy with a low standard of product, pay, benefits, and causing American companies to go out of business. Then she asked “are we going to dictate how we want our community shaped for ourselves, our children and their children or will we allow WalMart to step in and transform our hometown society into a global marketplace?”
Catherine Gorkiewicz – Ms. Gorkiewicz stated that she is opposed to the proposed WalMart and has already written the Board regarding the poor traffic patterns that were used in the existing plaza. She feels that the design of the plaza is hazardous for cars and pedestrian alike. The traffic patterns make it difficult to get in and out and are confusing. The traffic light on Milestrip Rd. should have a pedestrian phase. She does not want to see any development in Quaker Crossing until the existing deficiencies be corrected.
Callie Lockwood – Ms. Lockwood is opposed to the proposed WalMart and wanted to know why there are so many buildings being put up when there are so many vacant buildings available. Councilman Kaczor stated that Orchard Park really has a comparatively small vacancy rate.
Vanessa Hartman – Ms. Hartman is opposed to the proposed WalMart and the whole WalMart culture which have; been fined for some of their actions, been found guilty of discriminating against it’s female employees, circumvents health care for it’s employees, and devastates the communities they go into. She feels the Town Board should conduct a thorough investigation of the areas that WalMart has gone into to see what kind of effect they have had.
Robert Frantsits – Mr. Frantsits is opposed to the proposed WalMart and feels that this should be put up for a referendum. He also discussed some sewer problems.
Jim Craw – Mr. Craw stated that he is opposed to the proposed WalMart for many reasons. He also stated that Milestrip Road is like a freeway now, and that Lake Avenue is being used as an alternate route to bypass the congestion on Milestrip. This is creating traffic problems for Lake Avenue, and the roads off of Lake Avenue that connect to other roads.
Linda Voss – Ms. Voss is opposed to the proposed WalMart for the following reasons; the garbage that is generated at the current WalMart is intolerable and accumulates around the existing store and adjoining sites as well; the added traffic will be a huge headache, she no longer gets off the 219 to go home as it is too busy; there is another WalMart planned for Hamburg, we do not need two so close to each other; a WalMart in this area will not benefit the Town in anyway.
Sally Denesha – Ms. Denesha is opposed to the proposed WalMart. She wants to know what is going on in Orchard Park, as we are losing so much green space. She asked why should we put up a statue of a farmer, when all the farm land is being developed. Ms. Denesha thinks Orchard Park should be more like East Aurora and Niagara-on-the-Lake. She is opposed to all this building.
Dave Schuster – Mr. Schuster is opposed to the proposed WalMart for the following reasons: it has an abysmal record for employee wages, benefits and health care, but the top execs for WalMart are among the richest in America; WalMart does cost the taxpayers money, in 2004 Wal-Mart employees were eligible for 2.5 Billion in Federal Assistance; WalMart negatively impacts surrounding communities by bring down surrounding wages and eliminating businesses; WalMart destroys many of American manufactures or forces them to make inferior products for cheaper prices; WalMart buys most all its products in China where they get paid very poorly; WalMart discriminates by gender; WalMart violates child labor laws. He then outlined his reasons for opposing this particular store; it will negatively impact the other stores in the area, it will make filling Latina’s that much harder, it will be another big box store in our town, and WalMart is not the kind of neighbor we want in Orchard Park.
There being no more business from the floor, on motion by Councilman Kaczor, seconded by Councilman Dietrick, to wit: the meeting was adjourned at 8:30 PM (local time).
Respectfully Submitted,