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 6th day of February 2008 at 7:00 PM. The meeting was called to order by the Supervisor and there were:
PRESENT AT ROLL CALL: Mary Travers Murphy Supervisor
David Kaczor Councilman
Mark Dietrick Councilman
Edward Graber Councilman
Janis Colarusso Town Clerk
Samuel McCune Chief of Police
Michael Wolf Asst. Town Attorney
Andrew Geist Building Inspector
Frederick Piasecki, Jr. Highway Superintendent
Wayne Bieler Town Engineer
ABSENT: Nancy Ackerman Councilwoman
Leonard Berkowitz Town Attorney
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 persons for or against the rezoning of property from R-1 to CMO (Conservation Management Overlay District), for vacant land located on the North side of Jewett Holmwood Road, East side of Freeman Road, Courtyard at Birdsong.
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.
At this time Supervisor Travers Murphy opened the Public Hearing and asked if there was anyone who would like to speak for or against the proposed rezoning:
Opponents:
Peter Murray – Mr. Murray is the principal land owner adjacent to the property of the proposed rezoning and his property is at a lower elevation. He already has problems with drainage and flooding and feels this proposed project will further exacerbate it. He reviewed the file in the Planning office and found no analysis of the drainage issues, traffic concerns and wildlife or quality of life issues. Mr. Murray feels a full SEQR review should take place.
Tom Cappel – Mr. Cappel lives on Freeman Road, on the side of a hill, and this proposed development would be directly behind his house. He stated that they have no storm sewers and no curbs, so all runoff that comes off the street and off the hill runs down behind his property to the area that is the proposed CMO district. This proposed project will block the water flow and flood his property, as well as the other properties downstream on Highland. When Mr. Cappel built his house, he had the Army Corps of Engineers come out and assess his land. They stated that as long as the drainage was open to run, there would be no problem. On his survey, it states “note: drainage to follow its natural existing flow to the tributary of Smokes Creek”. Mr. Cappel is opposed to this project, as it will cause severe flooding damage.
Dr. Richard Delgado – Dr. Delgado lives on Freeman Road, next to Mr. Cappel and has been there for 40 years. His main concern is drainage and flooding, as he has witnessed numerous situations of major flooding behind his property and downstream from his house and the damage that was caused. This proposed project will only make things worse.
Proponents:
William Tuyn – Director of Town Planning for Greenman Peterson Engineering (who designed the subdivision). Mr. Tuyn stated that you need to look at the Birdsong Subdivision as a whole, the way it was designed. This project is just a portion of it, and it was designed for diversity of housing types. The typical owner of this type of home would be retired, with no children at home, and with different traffic patterns that most of the other people. Mr. Tuyn stated that engineering firms are obliged to consider the impact of drainage flow when designing projects like this. They have to design it so there is no drainage impact. In Birdsong they developed ponds, which are part of the parkland, to handle the excess flow of water created from the development and they are proud of how it is working.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
RESOLVED, that the Public Hearing in the matter of the rezoning of property from R-1 to CMO for vacant land located on the North side of Jewett Holmwood Road, East side of Freeman Road, Courtyard at Birdsong, is hereby closed at 7:18 PM (local time).
The resolution was unanimously adopted.
At this time the Supervisor stated that they would not be voting on the rezoning this evening. Councilman Dietrick stated that the Town welcomes further comment from the residents.
Old Business #1 Reschedule Public Hearing; Village Home Subdivision
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN GRABER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to re-schedule the Public Hearing for the Village Home Subdivision, for rezoning of vacant land located on the South side of Milestrip Road and West of Ponderosa Court, Zoned R-2 and R-1 to CMO (Conservation Management Overlay District) for the purpose of constructing 56 family homes, for Wednesday, February 27, 2008, at 7:00 PM, due to the cancellation of the February 20, 2008 Town Board Meeting, 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 #1 Town Board Rescheduled the February 20th Meeting to February 27, 2008
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN GRABER, TO WIT:
RESOLVED, that the Town Board does hereby cancel the Work Session & Town Board Meeting for Wednesday, February 20, 2008, due to the 2008 Association of Town Conference in New York City being held on this day, and be it further
RESOLVED, that the Town Board does hereby reschedule this meeting for Wednesday, February 27, 2008, at 7:00 PM, (local time). The Work Session to begin at 6:00 PM and Town Board Meeting to begin at 7:00 PM, 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 #2 Authorize the Release of Escrow to Delta Sonic Car Wash System, Inc.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN GRABER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, on December 5, 2007, the Town Board accepted dedication of the public improvements constructed for Delta Sonic Carwash Expansion, Sanitary Mainline Relocation, 3205 Orchard Park Road, PIP #2007-03 with the stipulation that funds paid by the contractor be held in escrow until the replacement of manhole covers was completed, and
WHEREAS, the contractor has since completed the replacement of manhole covers. The work was 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 Delta Sonic Car Wash Systems, Inc., 570 Delaware Avenue, Buffalo New York 14202, the $500 held in escrow for replacement of manhole covers in Delta Sonic Carwash Expansion – Sanitary Mainline Relocation, PIP #2007-03, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Authorize NYSEG to Connect Light Fixtures - Windy Hill Farms II, Phase 2
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
WHEREAS, the Engineering Department has received a proposal from NYSEG for the connection of five (5) decorative street light fixtures on Wildwood Lane in the Windy Hill Farms II Subdivision, and at the present time, there are eight (8) single family homes occupied in this subdivision with another four (4) currently under construction of the 22 sublot subdivision, and
WHEREAS, the 70-watt H.P.S. luminaires, which are owned by the Town, were installed with the installation of decorative street lights poles under PIP # 2007-04. NYSEG will maintain the bulbs and the electric eye of the luminaires. The supply of electricity is not included in the price as the Town purchases their electricity from another supplier. The proposal is for a total of five (5) luminaries to be connected at an annual charge of $23.87 each; totaling annually $119.35.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize NYSEG to connect a total of five (5) 70-watt high-pressure sodium decorative light fixtures on Wildwood Lane in the Windy Hill Farms II, Phase 2, Subdivision, PIP #2007-04, at an annual increased cost of $119.35 to the Consolidated Light District, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #4 Advertisement of Bids 2007 Building Improvements Project
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN GRABER, TO WIT:
WHEREAS, the Consultant Architect for the 2007 Building Improvement Project, C&S Engineers, is finalizing the plans and specifications. The Town Engineer has reviewed the plans and specifications and found them to be acceptable. The preliminary engineer’s estimate is $595,000, which is below the amount allocated for this project, although the Orchard Park Highway Building is not fully funded in the Capital Project budget, and
WHEREAS, this project consists of the design plans and specifications for a new Bath House and Splash Pad at Yates Park, a Highway Garage Addition, Dog Pound Addition, and two pole barn buildings at the Milestrip Road Compost Center, and
WHEREAS, in order to stay on the project schedule, the Advertisement for Bids should be published on February 11, 2008. Plans will be available for purchase on February 14, 2008 and bid opening on Monday, March 3, 2008 at 3:00 PM, (local time).
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby accept the plans and specifications for the proposed 2007 Building Improvements Project as prepared by C&S Engineers, as recommended by the Town Engineer, and be it further
RESOLVED, that the Town Board does hereby authorize the advertisements of sealed bids in the Southtowns Citizen & The Buffalo News, to be opened Monday, March 3, 2008, at 3:00 P.M. (local time)
in the Supervisor’s Conference Room at the Orchard Park Municipal Center, 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 #5 Advertisement for Bids 2007 Utility Improvement Project
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN GRABER, TO WIT:
WHEREAS, the Consultant Architect for the 2007 Utility Improvement Project, C&S Engineers, is finalizing the plans and specifications. The Town Engineer has reviewed the plans and specifications and found them to be acceptable. The preliminary engineer’s estimate is $400,000, which is below the amount allocated for this project, although the Orchard Park Highway portion is not fully funded in the Capital Project Budget, and
WHEREAS, this project consists of the design plans and specifications for a new waterline from Thorn Avenue through to the Orchard Park Little League and ending at Yates Park, a waterline extension at the Milestrip Compost Center, installation of storm sewer and sanitary sewers and replacement of a lift station at the Orchard Park Highway Garage, and
WHEREAS, in order to stay on the project schedule, the Advertisement for Bids should be published on February 11, 2008. Plans will be available for purchase on February 14, 2008 and bid opening will be held on Monday, March 3, 2008 at 2:00 PM, (local time).
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby accept the plans and specifications for the proposed 2007 Utility Improvements Project as prepared by C&S Engineers, as recommended by the Town Engineer, and be it further
RESOLVED, that the Town Board does hereby authorize the advertisements of sealed bids in the Southtowns Citizen & The Buffalo News, to be opened Monday, March 3, 2008, at 2:00 P.M. (local time)
in the Supervisor’s Conference Room at the Orchard Park Municipal Center, 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 #6 Proposed Change Order #1 Orchard Park Police Interior Alterations Project
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN GRABER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Engineering Department is requesting your approval of a Change Order to the contract with Metro Development, L.L.C. for the Orchard Park Police Interior Alterations Project in the amount of $2,564.00. If approved, this would increase the total contract amount to $74,873.00, representing an increase of 3.21%, and
WHEREAS, the Change Order is requested to perform additional work not covered under their contract. The additional work involves the installation of a new 4” oak baseboard and shoe trim in the new Conference Room, replacement of vinyl floor tile in the existing corridor, and installation of formica countertops and a face panel on two knee walls in the new Dispatch Room, and
WHEREAS, the oak baseboard in the Conference Room is being used instead of the proposed vinyl base because the removal of the existing terrazzo base left an area larger than the vinyl base would cover. Due to wearing of the existing floor tile in the Dispatch and the removal of the existing console, new VCT was specified in the entire new Dispatch Area. The main corridor floor abuts and blends with the new Dispatch floor. The corridor floor is also worn and a different color than the new Dispatch tile. This is a small area and it is desired to make all the tiles the same color, and
WHEREAS, two knee walls are being constructed in front of the new dispatch consoles. The proposed change will provide a narrow countertop on top of these walls, providing space to put paperwork, etc. One wall will have narrow file cabinets in front of it, but the other will be exposed in a high traffic area. This wall will have a formica front panel on it to protect it and have the same finish as the countertops and consoles.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Change Order #1 to the Contract with Metro Development, L.L.C., for the Orchard Park Police Interior Alterations Project in the amount of an increase of $2,564.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #7 Consultant Agreement for Green Lake & Pond Maintenance in the Town
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN GRABER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
WHEREAS, similar to previous years, to complete the algae/plant treatments for Green Lake, Birdsong Subdivision Retention Lake and possibly Acorn Circle Pond, it is necessary to hire an environmental consulting firm New York Certified in Aquatic Vegetation and Algae Control, and
WHEREAS, the Town Engineer did solicited services and received a proposal from a local environmental consultant firm AquaTech Environmental, Inc., which is qualified and capable to complete lake management work for Green Lake, Birdsong Subdivision Retention Lake, Acorn Circle Pond 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. Aqua Tech Environmental, Inc. lump sum cost to provide the above mentioned treatments for 2008 is $3,850.00, 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 $800.00 and two (2) Filamentous Algae treatments for $615.00/ea. Total anticipated cost is $2,030.00 for the year. Residents would pay 50% of this cost totaling $1,015.00, and
WHEREAS, the services proposed for Acorn Circle Pond are on a per treatment basis and include one (1) Aquatic Macrophyte (Rooted) treatment for $310.00 and two (2) Filamentous Algae treatments for $260.00/ea. Total anticipated cost is $830.00 for the year. The four residents that own potions of the pond must consent to the treatment program and for paying their share ($415.00), and
WHEREAS, Dave Adrian of Aqua Tech Environmental, Inc. must start the necessary NYSDEC permitting process for Green Lake, Birdsong Subdivision Retention Lake and Acorn Circle Pond in order to complete treatments this summer, and
WHEREAS, Mr. Adrian recommends continuing the baitfish stocking (crayfish, minnows, shiners), game fish stocking (crappie and yellow perch) and grass carp stocking to aid in weed control. The 2008 proposed stocking cost is $1,945.00. There is presently $10,000 budgeted under Orchard Park Engineering Department “Water Quality Consultants” A.1440.000.448 for this work, and
WHEREAS, the entire projected cost for Town Lake and Pond maintenance, treatment and stocking for calendar year 2008, is not to exceed $8,655.00 (minus Birdsong Homeowners Association share costs Treatment = $1,015.00 and Acorn Circle Pond homeowners share costs Treatment = $415.00). The projected 2008 cost for the Town of Orchard Park is not to exceed $7,225.00.
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 Acorn Circle Pond, 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 AquaTech Environmental, Inc., 45 Kent Avenue, Blasdell, New York 14219, to provide annual environmental services for Green Lake Maintenance in an amount of $3,850.00 annually for Algae and Weed Treatments, and Environmental services for Acorn Circle and Birdsong Nature Park/Subdivision Retention Lake Maintenance for Algae and Weed Treatments, and Stock fish to specified Town owned ponds as per attachment 3.0 & 3.1 Fishery Management Agreement, at a cost not to exceed $7,225.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #8 Proposed Change Order-2; Asbestos Removal OP Highway Department (addition)
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN GRABER, TO WIT:
WHEREAS, the Town Engineer is requesting approval for a change order to the contract with C&S Engineers for the Orchard Park Highway Department Facility & Site Improvements Project in the amount of $2,500.00, this would increase the total contract amount to $103,150.00, an increase of 2.48%, and
WHEREAS, during the course of the engineering and design of the Orchard Park Highway Department Addition Project, Watts Architecture and Engineering was hired to perform asbestos testing. Asbestos was known to exist in portions of the roof building materials and more extensive testing was required involving all other construction areas and existing materials. Asbestos was found in the floor tile and mastic throughout the addition / remodeling area. This Change Order is requested to properly deal with the asbestos regarding design, through construction and removal, and
WHEREAS, in addition it is recommended that all asbestos material within the work area be removed at this time, while containment barricades are constructed. If the entire construction area has all asbestos removed, the cost would be $11,500.00 instead of the spot removal already included in the estimate at $7,300.00. This would add an additional total construction cost of $4,200.00 to the project but avoid dealing with asbestos in these areas in the future, and
WHEREAS, C&S Engineers additional fees included: $2,000.00 for design and drawing the asbestos removal plan and $500.00 for management fees relating to the asbestos testing subcontractor.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize a Change Order to the Contract with C&S Engineers, 90 Broadway, Buffalo, New York 14203, in the amount not to exceed $2,500.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #9 Award Bid for the 2007-2008 SARA Grant-Town & Village Building Departments
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, a bid opening for the 2007-2008 Local Government Records Management Improvement Fund in the microfilming category, through the Town Clerk’s Office to place on Thursday, January 31, 2008, at 8:30 AM, in the Town Clerk’s Office.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the agreement between the Town of Orchard Park and Biel’s Information Technology System, 1201 Indian Church Road, West Seneca NY 14224, for the 2007-2008 Local Government Records Management Improvement Fund (SARA) in the microfilming category for the Town & Village Building Inspector’s Department, bid not to exceed $23,855.00, as recommended by the Town Clerk.
The resolution was unanimously adopted.
New Business #10 Appointments Winter/Spring 2008 Recreation Department Staff Appointments
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN GRABER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following Winter/Spring 2008 Staff Appointments to the Orchard Park Recreation Department, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.
Name Address Position Title Rate
Samantha Taylor Town of Wilson PT2-B Aide $ 9.00
Elizabeth Ziarnowski Town of Wheatfield PT6-D Aide $15.00
Gretta Hanson Town of West Seneca PT2-D Aide $ 9.50
Toby Burns Town of Orchard Park PT6-D Aide $15.00
Kathleen Goodman Town of Orchard Park PT2-D Aide $ 9.50
KatieMae Bidell Town of Tonawanda PT6-D Rec-Super $15.00
Emily Mueller Town of Newburgh PT1-C Lg. $ 8.00
Before the vote was taken, Councilman Dietrick stated he would be abstaining from voting this evening as he has a business relationship with Mr. Toby Burn’s company.
Supervisor Travers Murphy Aye
Councilwoman Ackerman Absent
Councilman Kaczor Aye
Councilman Dietrick Abstain
Councilman Graber Aye
The resolution was duly adopted.
New Business #11 Town Board to recognize March 13, 2008, as “World Kidney Day”
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN GRABER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
WHEREAS, healthy kidneys are essential to regulate the body by water and other chemicals in your blood, remove fluids, waste, toxins and drugs introduced to the body, release hormones that regulate blood pressure, make red blood cells and promote strong bones, and
WHEREAS, more than 26 million Americans, about one in nine adults, suffer from chronic kidney disease, and
WHEREAS, of the 31,000 new Yorkers afflicted with end-stage renal disease, approximately 40 percent are African American and 16 percent are Hispanic, and
WHEREAS, the two main causes of chronic kidney disease are diabetes and high blood pressure, which are responsible for up to two-thirds of the cases, and
WHEREAS, the National Kidney Foundation of WNY has a health screening program to identify people in the early stages of kidney disease, and
WHEREAS, the mission of the National Kidney Foundation of WNY is to prevent kidney and urinary tract diseases, improve the health and well-being of individuals and families affected by these diseases, and increase the availability of all organs for transplantation, and
WHEREAS, early detection including regular reporting of the GFR calculation, currently the best indication of kidney disease staging can help prevent the progression of kidney disease to kidney failure, which requires continual dialysis or kidney transplant to maintain life, and
WHEREAS, the cost of treatment for kidney disease patients is disproportionately higher that any other chronic disease, and
WHEREAS, most patients who have end-stage renal disease rely primarily on Medicare and Medicaid to cover the costs of their life-sustaining care, which includes dialysis treatment, medications, laboratory testing, and as necessary, transportation services to the dialysis facility, and as a consequences, any changes in Medicare and Medicaid eligibility, significantly put them at risk.
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Orchard Park does hereby recognize March 13, 2008, as “World Kidney Day” in the Town of Orchard Park and the State of New York in the hope that all possible support will continue to be extended to Chronic Kidney Disease patients in New York and throughout the country and the world.
The resolution was unanimously adopted.
New Business # 12, 13, 14 and 15 (not on agenda) Refer-Planning Board and/or Conservation Board
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN GRABER, 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:
· Walgreens, proposal for the Southwest corner of Union & Michael Roads, Zoned B-2. The site consists of D’Amato Dry Cleaners, Walkers Service Station, Molino’s Pizzeria and DNA Breads/Anderson’s. Applicant is requesting to construct a one-story 14,550 sq. ft. building with parking for a Walgreen’s Pharmacy. The Anderson’s ice cream store will not be demolished; both parties will share full access to Union Road with internal cross access provided.
· Seneca Creek Development Corporation, David Manko proposed “Smoke Creek Senior Community”, 6856 Milestrip Road, former Haas Family Farm, 50 +/- acres of vacant land, Zoned R-2 and R-3.
· Mrs. Joyce Rettig, 5259 Bussendo rfer Road. Requesting a 15-year Conservation Easement on 22.99 acres.
· Not listed on the agenda: Bryant and Stratton College, proposal for a 1-story, 6364 sq. ft. office addition on a 5.68 site located on the south west portion of Sterling Park adjacent to the Rte. 219 on-ramp and Milestrip Road, Zoned I-1.
The resolution was unanimously adopted.
Tom Casey – Mr. Casey stated that he had several requests for the Town Board. One is to listen to the advice of their Planning Board, Planning Consultant and Erie Co. Planning Dept. to preserve and increase industrial zoning because it will be to the benefit of our long term planning for the Town. Returning the Walmart property back to Industrial Zoning would be a good start. He asked the Town Board to respect the advice of the Town Planning Board when they are making development decisions; this was not done with the Walmart rezoning. He asked that the Town Board listen to all the people who comment on Town issues and not repeat the Walmart rezoning, as it has violations of the SEQR law and untrue statements. Mr. Casey also requested that the Town Board not interfere with agencies trying to do their job, such as the NYS Department of Transportation, during the SEQR process. Mr. Casey asked that the Town Board not segment projects that are illegal under SEQR.
Sal Cerrone – Mr. Cerrone is opposed to Walmart as it hurts local businesses, increases traffic, they do not maintain their stores, inside or out. He asked why Orchard Park needs another big box store. We do not want to look like Amherst. Mr. Cerrone stated that he lives in the northwest quadrant of Orchard Park and there has not been a lot of improvement in that area, so why make it worse with allowing huge retails stores that will only hurt that area. He also stated that what ever the Town receives in taxes from Walmart will be used up in the town services required by a super Walmart. He also asked if Walmart decides to pull out of there after a while, would the Town be stuck with a big empty box. He asked that the Town do a full, complete Environmental Study on the Walmart application.
Lou Boehm – Mr. Boehm stated that Walmart purchased the property on Milestrip Road for $4.6 million with the knowledge that their site plan did not meet the parking regulations of the Town. He was at the Planning Board meeting where one of the Planning Board members asked if Walmart understood that their plan did not meet Town Regulations and the Walmart representatives stated that they did understand that and have no plans for correcting or changing their plan.
Elected Officials & Department Heads
15) 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 following budget transfers:
|
Account |
|
|
Transfer |
|
Transfer |
|
Code |
Department |
Description |
From |
|
To |
|
700.5182.0490 |
Light. Dist. |
Service Cost-Electric |
715.78 |
|
|
|
700.5182.0464 |
Light. Dist. |
Erie County Chgbk |
|
|
715.78 |
|
|
|
|
715.78 |
|
715.78 |
|
|
|
|
|
|
|
|
800.9010.0810 |
Composting |
State Retirement |
2,374.11 |
|
|
|
800.9030.0812 |
Composting |
Social Security |
|
|
1,331.91 |
|
800.9080.0818 |
Composting |
Dental Insurance |
|
|
733.20 |
|
800.9090.0817 |
Composting |
Medicare |
|
|
309.00 |
|
|
|
|
2,374.11 |
|
2,374.11 |
|
|
|
|
|
|
|
|
800.8160.0440 |
Refuse |
Cont.Services-Basic |
1,534.50 |
|
|
|
800.8160.0452 |
Refuse |
Recycling Bin Expense |
|
|
1,534.50 |
|
800.8160.0911 |
Refuse/Comp |
Serial Bond - Interest |
18,000.00 |
|
|
|
800.8160.0910 |
Refuse/Comp |
Serial Bond - Principal |
|
|
18,000.00 |
|
|
|
|
19,534.50 |
|
19,534.50 |
|
|
|
|
|
|
|
|
A.1220.0419 |
Supervisor |
Other Expenses |
95.00 |
|
|
|
A.1340.0451 |
Budgeting |
Acct.Service |
|
|
95.00 |
|
|
|
|
95.00 |
|
95.00 |
|
|
|
|
|
|
|
|
A.1355.0403 |
Assessment |
Contract. Consulting |
3,147.72 |
|
|
|
A.1355.0100 |
Assessment |
Assessor Salary |
|
|
886.00 |
|
A.1355.0111 |
Assessment |
Real Property Appraiser |
|
|
1,486.00 |
|
A.1355.0137 |
Assessment |
Clerical Personal |
|
|
775.72 |
|
|
|
|
3,147.72 |
|
3,147.72 |
|
|
|
|
|
|
|
|
A.1410.0141 |
Town Clerk |
Records Management |
1,721.14 |
|
|
|
A.1410.0111 |
Town Clerk |
Deputy Town Clerk |
|
|
1,058.64 |
|
A.1410.0137 |
Town Clerk |
2nd Deputy Town Clerk |
|
|
596.00 |
|
A.1410.0139 |
Town Clerk |
P/T Clerical |
|
|
66.50 |
|
A.1670.0400 |
Central Services |
Office Supplies |
3,547.19 |
|
|
|
A.1410.0413 |
Town Clerk |
Travel & Conf. |
|
|
0.99 |
|
A.1410.0460 |
Town Clerk |
Codifn. Of Ordinance |
|
|
3,546.20 |
|
|
|
|
5,268.33 |
|
5,268.33 |
|
|
|
|
|
|
|
|
A.1670.0419 |
Central Services |
Central Copy Supplies |
913.53 |
|
|
|
A.1670.0200 |
Central Services |
Copier Purchase |
|
|
382.00 |
|
A.1670.0439 |
Central Services |
Rental Copy Machines |
|
|
531.53 |
|
|
|
|
913.53 |
|
913.53 |
|
|
|
|
|
|
|
|
A.1910.0462 |
General |
Tax & Assess. Town Property |
1,384.73 |
|
|
|
A.1910.0464 |
General |
Judements & Claims |
6,000.00 |
|
|
|
A.1910.0465 |
General |
E. C. Chargebacks |
|
|
7,384.73 |
|
|
|
|
7,384.73 |
|
7,384.73 |
|
|
|
|
|
|
|
|
A.1620.0422 |
Buildings |
Gas |
17,777.05 |
|
|
|
A.1620.0144 |
Buildings |
Maint. Personnel |
|
|
14,994.48 |
|
A.1620.0446 |
Buildings |
Cont. Repair & Maintenance |
|
|
2,782.57 |
|
|
|
|
17,777.05 |
|
17,777.05 |
|
|
|
|
|
|
|
|
A.7610.0200 |
Sr. Ctz. |
Equipment |
2,237.73 |
|
|
|
A.7610.0139 |
Sr. Ctz. |
P/T Sr. Ctr. Personnel |
|
|
781.25 |
|
A.7610.0400 |
Sr. Ctz. |
Group Expense |
|
|
5.37 |