if - orchardparkny.org · 8940 main street, clarence, new york 14031, an application for an...

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l(/h Town BoardMeeting 5/21/08 Pagel

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 21 st day of May 2008 at 7:00 PM. The meeting was called to order by the Supervisor and there were:

PRESENT AT ROLL CALL: Mary Travers Murphy Nancy Ackerman David Kaczor Mark Dietrick Edward Graber

Janis Colarusso Leonard Berkowitz Andrew Geist Andrew Benz Frederick Piasecki, Jr. Wayne Bieler

Supervisor Councilwoman Councilman Councilman Councilman

Town Clerk Town Attorney Building Inspector Chief of Police Highway Superintendent 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.

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 May 7,2008 and the Special Minutes held on May 7th and 14th, 2008, 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), the Supervisor called for the Public Hearing to hear all interested parties for or against the Proposed Amendment to the Town Code of Ordinance, which amendment provides as follows:

To rezone 14.34 acres of vacant land, East side of California Road, South of Big Tree Road, from R-3 to R-3 Special Exception Use in order to construct a townhouse project, as requested by WalterSchmidt.

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 the Supervisor asked if there was anyone in the audience for or against the proposal.

Opponents - Richard Bodhorn expressed his concerns regarding the traffic impact.

Proponents - No one spoke.

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2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED, that the Public Hearing in the matter of rezoning vacant land, East side of California Road, South of Big Tree Road, from R-3 to R-3 Special Exception Use in order to construct a townhouse project, is hereby closed at 7:05 PM (local time).


New Business #1 Approve Excavation Permit 2008-01, Essex Homes, 8940 Main Street, Clarence

3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN GRABER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

WHEREAS, the Engineering Department has received from Mr. David Chiarolanza of Essex Homes, 8940 Main Street, Clarence, New York 14031, an application for an Excavation Permit to remove an existing stockpile +/- 8,000 cubic yards at the proposed Hills Subdivision - off of Arrowood Lane, and

WHEREAS, the Town Engineer has reviewed the plan and have found it acceptable per Town code, and all necessary fees and bonds have been received.

• Please note that this is the removal of an existing stockpile left on the site from the Orchard Heights commercial construction work. The soil stockpile was tested and found to be clean of any debris.

• Please note that the proposed Hills Subdivision does not have final plat plan approval from the Planning Board but this material is not needed for subdivision construction.

NOW, THEREFORE, be it

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RESOLVED, that the Town Board does hereby approve the application for an Excavation Permit #2008- I 01 to remOVe an existing +/- 8,000 cubic yards stockpile offill at the proposed Hills Subdivision Site - off of Arrowood Lane, as recommended by the Town Engineer.


New Business #2 Approve the Promotion of Bill Fulton in the Engineering Department

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

WHEREAS, at the August 15,2007 Town Board Meeting, the Town Board approved the filling of two Senior Engineering Assistant positions. Erie County Department of Personnel prepared an open competitive and promotional examination for Senior Engineering Assistant position on February 22, 2007. The exam is scheduled this fall but due to the Department work load and the need to use Bill Fulton to perform out oftide work, the loss of Dave Yates, due to an injury, a request to fill the position now was made, and

WHEREAS, the work includes the following: full performance knowledge, skills, abilities and personal characteristics; good knowledge of; techniques terminology and equipment of drafting, engineering field and survey techniques, mathematics as applied to engineering; ability to perform; moderately difficult mathematical computations rapidly and accurately, complete designs utilizing a computer (AUTOCAD) and perform pre-professional engineering research, prepare reports, and understand and follow detailed I oral/written instructions, and

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WHEREAS, Mr. Fulton has worked assisting in the management and completion of various projects in the Department since May, 2002 and full time as Engineer Assistant since June 7, 2004. Bill has accepted the challenge of the added duties and responsibilities of this position with enthusiasm and has performed his assignments with diligence and effectiveness. Throughout his six years of service with the Town, Bill Fulton has proven to be a dedicated and dependable employee.


RESOLVED, that the Town Board does hereby approve of the change in the civil service classification for Mr. Bill Fulton, 401 Vistula Ave, Orchard Park, NY 14127, to a provisional appointment of the position of Senior Engineer Assistant in the Orchard Park Engineering Department, Range 0009, Step C, of the union wage schedule, effective May 26, 2008, and pending that Mr. Fulton meets all Civil Service rules and regulations, as recommended by the Town Engineer.


New Business #3 Approve Change Order #2 to the Contract with C&S Engineers, Inc.

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

WHEREAS, the Engineering Department is requesting your approval of a Change Order to the contract with C&S Engineers for the 2007 Utility & Building Improvements Highway Garage Building, Compost Site & Yates Park Project in the amount of $4,128.25. If approved, this would increase the total contract amount to $107,278.25, representing an increase of 4.00%, and

WHEREAS, the change order is requested to perform additional work which involves the elimination of one post and the sizing of the new columns and beam to span the larger opening, and

WHEREAS, as requested by the Highway Superintendent to enlarge one bay opening to accommodate the turner machine, and

WHEREAS, The second part of the Change Order involves work related to re-bid and modifications to the 2007 Utility Improvement project construction documents as recommended and directed by the Town Attorney, Town Engineer and Town Board.


RESOLVED, that the Town Board does hereby approve Change Order to the contract with C&S Engineers, 90 Broadway, Buffalo, New York 14203 in the amount not to exceed $4,128.25 for the 2007 Utility & Building Improvements Highway Garage Building, Compost Site & Yates Park Project.


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New Business #4 Schedule a Public Hearing for a Historic Landmark at 4025 N. Buffalo Road

6) 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 schedule a Public Hearing for Wednesday, June 18,2008 at 7:00 PM, to consider the designation of the premises at 4025 N. Buffalo Road in the Town of Orchard Park as a Historic Landmark, and be it further

RESOLVED, that the Town Board does hereby authorize the Town Clerk to publish due notice in the official newspaper of the Town.


New Business #5 Wee Can Preschool and Childcare Requesting a Change-In-Use

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCIL WOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:

RESOLVED, that the Town Board does hereby approve the request for a Change-In-Use for Wee Can Preschool and Childcare, 40 Centre Drive, Zoned I-I, to operate a day care center in the Quaker Centre Plaza. The Planning Board recommends the change with the following conditions and stipulations:

• This is a Type II SEQR Action and therefore no determination of significance is required. • The Zoning Board of Appeals granted a Use Variance on 4/15/2008.


New Business #6 Authorize the Supervisor to Submit an Application/Grant to NYSDOT for Trees

8) 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 the Supervisor Travers Murphy to submit an application to the New York State Department of Transportation, Urban and Community Forestry grant program requesting $12,679 for the purchase of Norway Spruce and Catalpa Trees, with attendant stakes and coated wire, to be planted on town owned property behind the highway garage, the Orchard Park Library and on Baker/Highland Streets, and be it further

RESOLVED, that Grant Funds will be matched by the town with $13,000 in in-kind goods and services.


New Business #7 Appointments to the 2008 Spring/Summer Staff to the Recreation Department

9) 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 2008 Spring Staff Appointments to the Orchard Park Recreation Department (that have been pre-filed in the Town Clerk's Office), dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.

J(jh Town Board Meeting 5/21/08

Name Address Position Title Rate Elizabeth Barsi Town of West Seneca PT6-D Att. $15.00 Kathleen DiPasquale Town of Orchard Park PTl-C Att. $8.00 William Foster Town of Amherst PTI-C Att. $8.00 Mario Vinti Town of Orchard Park PTl-C Att. $8.00 Lauren Colley Town of Orchard Park PTl-C Att $8.00

The resolution was duly adopted.

New Business #8 Town of Orchard Park contributes $3,500 to the Scenic Byway efforts: At this time the Supervisor stated this item is being dropped.

New Business #9 Proclamation Acknowledging the week of June 1-7,2008 National Garden Week

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCIL WOMAN ACEKRMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN GRABER, TO WIT:

WHEREAS, gardeners have a passion for nurturing the beauty and resources of the earth through the planting of seeds, the care of all plants and the harvesting of the riches of their efforts, and

WHEREAS, gardeners seek to add beauty, splendor, fragrance and nutrition to our lives through the growing of herbs, vegetables, foliages and flowers, and

WHEREAS, gardeners work to preserve our country's traditional spirit of independence and initiative through innovation and hard work, and

WHEREAS, gardening instills in our people a greater respect and care for our environment and our natural resources, and

WHEREAS, gardening furnishes a challenging and productive activity for many citizens, for those just learning as well as those having years of experience, and

WHEREAS, our gardens also yield herbs, foliage and flowers which add beauty, fragrance, and nutrition to our lives, and

WHEREAS, gardening enables members of Garden Clubs across the nation and the world to serve others in the communities in which they reside and work.


RESOLVED, that in an effort to acknowledge the importance of Gardening and the numerous contributions of Gardeners, National Garden Club, Inc. designates the week ofJune 1-7,2008 as National Garden Week.


New Business #10 & 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 GRABER, TO WIT:

RESOLVED, that the Town Board does hereby refer the following items that were listed on the agenda:

l(/h Town BoardMeeting 5/21/08

• Woodbridge Contracting Group, Inc. is requesting to rezone property located at 2585 & 2587 Chestnut Ridge Road, located on the east side of Chestnut Ridge Road, from R-3 Special Exception Medical to R-3 Special Multiple Dwelling.

• Superior Heat Company, 3461 North Benzing, requesting a building permit to construct a 2,500 sq. ft. I addition to the existing building of the former Salerno's Collision Shop, located North of Milestrip Road, West side of219 off ramp, behind Ashley Furniture Store site.


Business from the Floor

The following individuals spoke this evening and expressed their opinions and concerns about: WalMartlTax Revenues, Brush Mountain Park, Green Lake, Senior Center, Buffalo Harley-Davidsonffrees: David Schuster; Louis Boehm and John Sawicz.

Don Hoffler from TVGA Engineers: Mr. Hoffler is representing Meadow Woods the Public Hearing that was held this evening. He stated he was available for any questions regarding the project. He apologized for being late.

Elected Officials & Department Heads

Councilwoman Ackerman reported gave some information about the pre-construction meeting that was going to be held May 22, 2008, for the Freeman Road Bridge.

Councilman Kaczor thanked the Recreation Department for the Art Rocks the Park. He thanked Town Engineer Wayne Bieler for his tour of the new Bath House at Green Lake. He responded to Mr. Schuster's comment on the run off contaminants in Green Lake. He stated the Orchard Park Golf Club I plus homes contribute to the run off.

Councilman Dietrick announced that Highway Superintendent Piasecki was absent as he was being inducted as an officer for the Erie County Associations of Town Highway Superintendents. He also reported on the success ofthe Compost Site Open House.

Police Chief Benz reported on the Proclamation received, and it reads as follows:

STATE OF NEW YORK LEGISLATURE OF ERIE COUNTY

At a Session of the Legislature of Erie County, held in Old County Hall, in the City of Buffalo, on the 8th

Day of May 2008, the following resolution was adopted:

WHEREAS, approximately 900,000 law enforcement officers serve communities across the United States, including more than 3,000 who serve the communities and citizens of Erie County, and

WHEREAS, each year in our nation, an estimated 58,000 assaults against law enforcement officers are reported, resulting in 16,000 injuries, and

WHEREAS, since the first reported death in 1792, more than 18,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, and

WHEREAS, the names of these dedicated public servants are engraved on the walls ofthe National Law I Enforcement Officers Memorial, which was dedicated in 1991 in Washington, D.C., and

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WHEREAS, 358 names are being added to the National Law Enforcement Officers Memorial this spring, including 181 officers killed in 2007 and 177 historical cases involving officers killed in previous years, and

WHEREAS, 10 of the 177 historical cases were fallen City of Buffalo Police Officers identified through research conducted here, and

WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored, and the names of the officers newly engraved on the Memorial will be formally dedicated, during the National Law Enforcement Officers Memorial Fund's 20th Annual Candlelight Vigil on the evening of Tuesday, May 14, 2008, and

WHEREAS, the Candlelight Vigil, is part of the National Police Week, which takes place this year on May 11-17,2008, and

WHEREAS, the local ceremony paying tribute to all fallen Police Heroes of Erie and Niagara Counties will take place in Buffalo on Monday, May 12,2008, and

WHEREAS, since 1887, these local, fallen heroes from municipal, county, state and federal agencies include the following officers: one from Amherst, forty-five (45) from the City of Buffalo, four from Cheektowaga, four from the Erie County Sheriff's Office, one from Lackawanna, three from Lancaster, eleven from the local barracks of the New York State Police, one from the City of Tonawanda, the Town of Tonawanda, the Erie County District Attorney's Office, the City of Lockport, four from the City of Niagara Falls, five from the Niagara County Sheriff's Office, two from the City of North Tonawanda, two from the United States Secret Service, one from U.S. Customs, one from the U.S. Border Patrol, one from the Bureau of Alcohol, Tobacco and Firearms (ATF) and one from the Internal Revenue Service (IRS), and

WHEREAS, the local tribute will begin at 10:00 a.m. with an interfaith service followed by wreath placement at the Police Memorial honoring the 90 fallen municipal, county, state and federal officers killed in the line of duty in Erie and Niagara Counties, and

WHEREAS, a reception will take place in the Social Room of St. Joseph's Cathedral where the families, fellow law enforcement officers and elected officials can share memories and further convey the appreciation of a grateful community.


RESOLVED, that it is fitting and proper for this Honorable Body to pause in its deliberations to honor the fallen law enforcement officers of Erie and Niagara Counties as part of community's commemoration of National Police Week (May 11-17, 2008), and be it further

RESOLVED, that the Erie County Legislature conveys its heartfelt gratitude for the service and sacrifice of these heroes, who gave everything they had to make this community a safer, more secure place to live, work and raise our families, and be it further

RESOLVED, that this Honorable Body express our condolences to the families of our community's fallen police heroes, for whom the loss oftheir loved ones is ever-present, and be it further

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RESOLVED, that the Erie County Legislature salute the men and women who are sworn to uphold the laws of our communities, state and nation, and courageously give their all, each and every day, regardless of the very real dangers of their police work.

Police Chief Benz attended the memorial service on May 12, 2008. He also received a communication from the New York State Division of Criminal Justice Services stating the D.A.R.E. Budget for the 2008-2009 and the funding for the program this year has been significantly reduced and would be totally eliminated next year. He stated that the impact would be that the Orchard Park Police Department would have to fund the cost of the workbooks, which is estimated at around $500.00 per year and there would not be any available training by the State for new D.A.R.E. officers.

Police Chief Benz has been invited to attend a seminar by the Buffalo Bills in Dallas, Texas on June lO-11,2008 for NFL's Best Practices for Stadium Security. The league and/or the Buffalo Bills will bear the cost of the transportation and accommodations.

12) 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 Supervisor Travers Murphy to send a letter to the Legislative Officials regarding the merits of theD.A.R.E. program and ask for their support in retaining funding and training for the Police Departments across New York State.


Town Engineer Bieler reported that in accordance to the Environmental Protection Act Conservation Law Clean Water Act and Stormwater II Regulations, the Town must submit to the New York State Department of Environmental Conservation, by June 1, 2008, a Stormwater Management Program Annual Report. He stated this 2007-2008 report is available in the Town Clerk's office and the Engineering Department for public review and comment. Town Engineer Bieler announced the Recycling Day for Computers, Textiles & Bikes and the Household Hazardous Waste Drop-Off at Erie Community College, South Campus.

13) 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 #10 following auditing by members of the Town Board and in the funds indicated:

General Fund $ 122,083.75 Part Town Fund $ 626.87 Risk Retention 0 Cemetery Fund 0 Hi2hway Fund $ 5,382.11 Special Districts $ 100,624.84 Trust & Agency $ 20,219.82 Capital Fund $ 3,087.00


Supervisor Travers Murphy announced the Town received a grant for $20,000.00 from Senator Volker toward the Scenic Byway program.

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Receive & File Communications

14 THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCIL WOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN GRABER, TO WIT:

RESOLVED, that the Town Board does hereby receive and file the following communications:

• The Orchard Park Chamber of Commerce: 4th of July Parade to assemble at Freeman Road school parking lot due to renovations at the Baker Road High School

• Erie County Department of Public Works: Pre-construction/IEEO Meeting, Thursday, May 22,2008 at 9:00 AM at the Division of Highways, Highway Conference Room, 95 Franklin Street, Buffalo, New York 14202

• Erie County Executive Chris Collins & Northwest Solid Waste Management Board: Recycling Day, Saturday, June 7, 2008, 9:00 AM - 2:00 PM at GM Powertrain Plant 5 on Vulcan Street, Buffalo

• Erie County Household Hazardous Waste Drop-off Day: Saturday, June 21, 2008 at 9:00 AM - 2:00 PM at Eric Community College, South Campus in Orchard Park.


There being no further business, on motion by Supervisor Travers Murphy, seconded by Councilman Dietrick, to wit: the meeting was adjourned at 7:40 PM (local time).

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