10'h Town Board Meeting 5/17/06 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 17th day of May 2006 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were:

PRESENT AT ROLL CALL: Mary Travers Murphy NancyW. Ackerman Stanley A. Jemiolo, Jr. Mark C. Dietrick

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

ABSENT: David R. Kaczor

Supervisor Councilwoman Councilman Councilman

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

Councilman

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. "

Councilman Kaczor was absent this evening for personal reasons.

1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:

RESOLVED, that the minutes of the Meeting of the Town Board, held on April 19, 2006, and May 3, 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.

The resolution was unanimously adopted.

Proclamation Declaring May 21, 2006 Orchard Park Sox Day

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

WHEREAS, the Orchard Park Sox have represented the Town of Orchard Park in the Buffalo MUNY Triple A Baseball League for more than four decades, and

WHEREAS, the Orchard Park Sox have enjoyed great community and business support especially that of their sponsors, Buffalo Sports Garden, The Big Tree Inn and Karstedt's Automotive Repair, and

WHEREAS, the Orchard Park Sox were regular season champions of the Buffalo MUNY Triple A Baseball League for 2005, with an amazing record of 36 and 5, and

WHEREAS, the Orchard Park Sox were the Regional Champions in the Major Division of the National Amateur Baseball Federation after winning the playoffs held here in Buffalo, New York, for the year 2005,and

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WHEREAS, by virtue of their regional championship, the Orchard Park Sox qualified for the playoffs in I Louisville, Kentucky, hosted by The National Amateur Baseball Federation to determine its National Champion, and

WHEREAS, on August 21, 2005, the Orchard Park Sox were ranked the #2 team in the United States of America in the national Semi-Pro Baseball Association top 25 poll, and

WHEREAS, there has not been a national champion from this league in the Buffalo areas since 1979, when the Buffalo Voyagers were National Champions, and

WHEREAS, the residents of the Town of Orchard Park are proud of the Orchard Park Sox and their manager Shawn Gavigan.

NOW, THEREFORE, be it

RESOLVED, that the Town Board of the Town of Orchard Park does hereby declare that May 21,2006 will be known as Orchard Park Sox Day, and be it further

RESOLVED, that the Town Board of the Town of Orchard Park announces the unveiling of a plaque commemorating the success of the Orchard Park Sox, at Yates Park on May 21, 2006, at 1 :00 PM and invites all residents and baseball fans to attend this dedication ceremony.

The resolution was unanimously adopted.

PUBLIC HEARING

At 7:10 PM, the Supervisor called for the Public Hearing in the matter of property deemed to be Dangerous & Unsafe by the Buildings Inspector, said property being 4924 Ellicott Road, in the Town of Orchard Park.

Affidavits and Publication of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.

" At this time the Supervisor asked if Mr. Donald Stebbins would like to speak this evening. Mr. Stebbins was not in the audience.

The Building Inspector, Andrew Geist, outlined the reasons this building needs to be declared Dangerous & Unsafe.

3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED, that the Public Hearing in the matter of property deemed to be Dangerous & Unsafe Building, located at 4924 Ellicott Road, in the Town of Orchard Park, is hereby closed at 7:15 PM.

The resolution was unanimously adopted.

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

WHEREAS, the Building Inspector, Andrew Geist, has submitted to the Town Board a report pursuant to Chapter 47, of the Orchard Park Town Ordinance, in the matter of the building at 4924 Ellicott Road as being "Dangerous & Unsafe Building" in the Town of Orchard Park.

NOW, THEREFORE, be it

RESOL YED, that the Town Board does hereby authorize the Building Inspector to get three (3) bids to demolish and remove the dangerous and unsafe building from the premises at 4924 Ellicott Road, in the Town of Orchard Park, and be it further

RESOL YED, that all costs to the property located at 4924 Ellicott Road shall be billed to the property and placed upon the tax roll.

The resolution was unanimously adopted.

Old Business #1 Alliance Homes, 3735 N. Buffalo Road, Request for a Building Permit

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

RESOL YED, that the Town Board does hereby authorize Alliance Homes, 3735 N. Buffalo Road, Zoned B-3, a Building Pennit for a 1,120 square feet single story building and to approve the site plan received 4/3/06. The Planning Board, 511 0/06, recommends approval, and be it further

RESOL YED, that the Town Board does hereby approve this plan with the following stipulations:

• This is an Unlisted SEQR Action based on the submitted Full EAF, and a Negative Declaration is made.

• The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens.

• No outside storage or display is pennitted. • Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with

Section 144-25 of the Town Code. • A landscape completion bond in the amount of $4,500 or a certified check in the amount of $2,250 in

accordance with the Conservation Board minutes shall be provided for the approved landscape plan, which includes 64% green space, prior to the receipt of a Building Pennit.

• An area variance was granted by the Zoning Board of Appeals on 9/20/05 to allow a 20 foot side yard setback.

.. Town Engineering Approval has been granted on May 3, 2006.

The resolution was unanimously adopted.

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Old Business #2 Curbell, 20 Centre Drive, Request for a Building Permit

6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED, that the Town Board does hereby authorize Curbell, 20 Centre Drive, Zoned 1-1, a Building Permit to expand the parking facilities and to enhance the dumpster area and to approve the site plan received, 4/3/06. The Planning Board, 5/10/06, recommends approval, and be it further

RESOLVED, that the Town Board does hereby approve this plan with the following stipulations:

• This is an Unlisted Type II SEQR Action and therefore no detennination of significance is required. • The site lighting is limited to those fixtures and poles indicated on the approved. 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 Section 144-25

of the Town Code. • A Landscape Completion Bond in the amount of $3,052 or a certified check for $1,526 in accordance with

Conservation Board minutes shall be provided for the approved landscape plan, which includes 11.3% green space prior to the receipt of a Building Pennit.

• Town Engineering Approval has been granted on May 3, 2006.

The resolution was unanimously adopted.

Old Business #3 WNY Eye Care, 301 Sterling Drive, Requesting a~Btiilding Permit

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED, that the Town Board does hereby authorize a Building Permit for WNY Eye Care, 301 Sterling Drive, Zoned 1-1, for a second floor addition totaling 15,157 square feet, plus and additional fIrst floor to second floor addition which will be approximately 1,444 square feet, and to approve a revised site plan received, 4/27/06. The Planning Board, 5/10106, recommends approval, and be it further

RESOLVED, that the Town Board does hereby approved of this plan with the following stipulations:

• This is an Unlisted SEQR action based on the submitted Full EAF, and a Negative Declaration is made. • The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall

have flat lens. Existing wall packs will be removed off the building. • No outside storage or display is pennitted. • Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25

of the Town Code. • A Landscape Completion Bond in the amount of $5,150 or a certified check for $2,575 accordance with

Conservation Board minutes shall be provided for the approved landscape plan, which includes 43.28% green space, prior to the receipt of a Building Permit.

• Town Engineering Approval has been granted on May 3, 2006. • Before any construction takes place a submittal is to be made to the Planning Department for Board members

Bernard and McGuire's review of the proposed recessed soffit lighting.

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The resolution was nnanimously adopted. I

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Old Business #4 Award the Contract for the Exterior Renovations for the Johnson-Jolls Complex

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

WHEREAS, bids were opened for the Johnson-Jolls Complex Exterior Renovations Project on April 27, 2006. The project was bid with a base bid, four alternate bids and a unit price for deck replacement, which allowed the Town flexibility on the final scope and cost of the project. The alternate included installation/painting of stonn doors, installation/painting of stonn windows, paint/refinishing exterior trim and putty/paint existing storm panes, and

WHEREAS, the Engineering Department and the Town's Consultant Architect, Habiterra have reviewed the alternate bids and unit price of the four contractors who submitted bids. The lowest for the base bid (replacement of the existing roof), Alternate 1 (installation and painting of stonn doors), Alternate 2 (installation and painting of storm windows), Alternate 3 (refinishing and painting of exterior trim) was $196,700 plus $20.00 square foot of deck replacement. Any combination of selection of alternates would not change the low bidder, and

WHEREAS, the low bidder was Wilsandra Construction, Inc. The company has been found to have the qualifications and experience to perfonn this work adequately. I have no reservations about their capabilities, and

WHEREAS, the fmal grant contract with New York State Office of Parks, Recreation and Historic Preservation for $45,835.00 has yet to be signed by the State. The plans have been approved and the contract has been signed by the Orchard Park Supervisor. The Town is taking a chance by awarding the bid before the contract with the State has been fmalized but bid prices can only be held for 30 days without an extension. In the event the Grant money is not received, the Town would be responsible for the Grant amount also, and

WHEREAS, the Town has appropriated funding for the Johnson-Jolls Complex Exterior Renovations Project under Capital Project #H14 "Municipal Building Reserve" of $163,972.05, and with the Grant amount from the New York State Parks, Recreation and Historic Preservation should be adequate to cover involved costs, if no other projects are charged to this account.

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby award the contract for the Johnson-Jolls Exterior Renovations Project to the lowest responsible bidder, Wilsandra Construction Co., Inc., 300 Camden Avenue, Buffalo NY 14216, in the amount not to exceed $201,700.00.

The resolution was unanimously adopted.

Old Business #S Award the Contract for the Milestrip Sports Complex Pavilion

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

WHEREAS, bids were opened for the New Pavilion for the Milestrip Road Recreation Area on May 16, 2006, and

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WHEREAS, The project was re-bid with a reduced scope of work in an effort to lower the overall cost of I the project. The project was bid in four divisions as required: General Construction, HV AC, Plumbing, and Electrical. The General Construction bid included five alternates to give the Town flexibility modifying the scope of the project depending on costs. The alternates included:

• Al (2) - Cupola to be supplied by Town and installed by contractor • A2 - Installation of Brick Pavers • A4 - Installation of Kitchen Equipment • AS - Framing of Pavilion Roof with solid timbers • A6 - Framing of Pavilion Roof using 2" lumber

WHEREAS, the Engineering Department has reviewed the bids of the seventeen contractors who submitted bids. The following project scope is recommended: The base building bid with alternate A2 (installation of brick pavers) and A5 (Solid Timber Framing). Not recommended is to include kitchen equipment and the Town supplied Cupola. The low bids for the General Construction, HV AC, Plumbing, and Electrical divisions were $335,000.00, $12,989.00, $33,300.00, and $20,590.00 respectfully, and

WHEREAS, The low bidders for the project were RB Mac Construction, Inc., Parise Mechanical Inc., LC Mechanical, Inc. and Tunney Electric Inc. respectfully. Total construction cost for the General Construction (base bid and alternates A2 and AS) plus HV AC, Plumbing, and Electrical is $401,879.00, which is $40,296.00 less than the previous bid total, due to the reduced scope of the project, and

WHEREAS, the Town has provided $304,340.00 under Capital account H-39 for the Milestrip Sports Complex Pavilion. As discussed, an additional $100,000.00 will need to be transferred with the new I scope and without any other projects being charged to this account. .

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the transfer of $125,000.00 from the General Fund to the Capital Account H-39 Milestrip Sports Complex Pavilion, and be it further

RESOLVED, that the Town Board does hereby award the following contracts for the Milestrip Sports Complex Pavilion to the lowest responsible bidders as follows:

General Construction: RB Mac Construction Company, Inc., 5983 South Transit Road, Lockport, New York 14094, in the amount of $335,000.00. HVAC: Parise Mechanical, Inc., 233 Fillmore Avenue, Suite 19, Tonawanda, New York 14150, in the amount of$12,989.00. Plumbing: LC Mechanical, Inc., 319 Vulcan Street, Buffalo, New York 14207, in the amount of $33,300.00 and Electric: Tunney Electric, Inc., 8565 Roll Rd., Clarence Center, New York 14032 in the amount of $20,590.00.

Councilwoman Ackerman stated by scraping the first bid project (March 29, 2006) and putting this project out to bid a second time, (May 16,2006) the Town of Orchard Park saved about $80,000. She also stated there is a corporate donor who will sponsor up to $100,000 over the next five years.

Councilman Jemiolo also stated there was a lot of work that went into this project and thanked all who were involved.

The resolution was unanimously adopted. I

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New Business #1 Town Board to Designate and Declare May 21, 2006 as Orchard Park Sox Day: Councilman Jemiolo presented this proclamation before the Public Hearing this evening and presented it to Shawn Gavigan the Manager of the Orchard Park Sox's.

New Business #2 Appointment of Police Lieutenant to Fill the Vacancy in the Police Department

10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOL YED, that the Town Board does hereby appoint Joseph A. Buccilli, to the position of Police Lieutenant, effective May 29, 2006, the salary is stipulated in the contract, as recommended by the Chief of Police Sam McCune.

Supervisor Travers Murphy stated Mr. Buccilli was first appointed to the Police Department back in August of 1989. Councilman lemiolo thanked all candidates who were interviewed. Mr. Buccilli was in the audience this evening and thanked his family, friends, the Town Board and the Chief for giving him this opportunity.

The resolution was unanimously adopted.

New Business #3 Erie County Legislature Adopt Resolution for Sales Tax Revenue Distribution

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

WHEREAS, a resolution was offered in the Erie County Legislature on April 24, 2006, to terminate the 1977 Agreement of Sales Tax Revenue Distribution, and

WHEREAS, the author of the April 24, 2006, resolution believe the current formula for the sales tax distribution (1977 Agreement) is no longer equitable.

NOW, THEREFORE, be it

RESOL VED, that the Town Board of the Town of Orchard Park does hereby support the Erie County Legislature/Government in adopting their "Resolution to Terminate Sales Tax Revenue Distribution Agreement of December 30, 1977" submitted by Legislators Ranzenhofer, Mills and Weinsten that was clocked in on April 24, 2006 to terminate the 1977 Agreement.

The resolution was unanimously adopted.

New Business #4 Town Board to Declare National Garden Week, June 4-10, 2006

12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, 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

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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.

NOW, THEREFORE, be it

RESOLVED, that in an effort to acknowledge the importance of Gardening and the numerous contributions of Gardeners, National Garden Club, Inc. designates the week of June 4-10, 2006 as National Garden Week.

The resolution was unanimously adopted.

New Business #5 Accept Resignation of Michael Merritt from the Board of Ethics

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

RESOLVED, that the Town Board does hereby accept the letter of resignation, with regret, from Michael Merritt from the Town of Orchard Park Board of Ethics.

The resolution was unanimously adopted.

New Business #6 The Spring/Summer 2006 Staff Appointments for the Recreation Department

14) 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 following Staff Appointments, dependent upon the applicant providing the required certifications, to the Spring/Summer 2006 Staff of the Town of Orchard Park Recreation Department, as recommended by the Recreation Director.

Name Address Position Title Joseph Allgeier 38 Bush St., Buffalo NY 14202 PT6-D Att Philip Bartlet 22 Knob Hill PTl-C Att Sara Battaglia 112 Burbank Drive PTl-A Lg Stephanie Battaglia 112 Burbank Drive PTl-E Lg Liane Benard 5003 Ellicott Road PTl-C Att Brian Bogner 129 South Lane PTl-B Att Toby Burns 4128 N. Freeman Road PT6-D Att Andrew Burnside 4568 W. Lake Rd., Dunkirk NY 14048 PT3-C Att Jennifer Buskus 19 PO Box 688, Orchard Park PTl-C Att Jenny Capriotto 7123 E. Quaker Street PTl-B Att Jennifer Carter 54 Wildwood Lane PT2-B Att

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I Jonathan Ceccarelli 55 Norfred Dr., Lackawanna NY 14218 PT2-B Lg Kristin Collins 20 Ventura Drive PTl-B Att Bradley Deck 4 Lancaster Lane PTl-C Att Elizabeth Dillon 145 Independence Drive PTl-C Att Karen Dolce 58 Tanglewood Drive West PT2-D Att Mary Felong 54 Burbank Drive PT2-B Att Christopher Fitzgerald 6231 Bunting Road PTl-C Att Marilyn Found 7546 Chestnut Ridge Road PTl-E Lg Amanda Gehring 51 Lakewood Drive PTl-C Att Chase Gernold 6392 Ward Road PT6-D Att Bridget Graham 49 Fox Chapel Drive PTl-C Att Kaitlin Graham 49 Fox Chapel Drive PTl-C Att Gregory Gotthelf 18 Forest Drive PT2-D Att Matthew Guerinot 65 Woodland Drive PTl-B Att Sara Gustafson 5633 Powers Road PTl-A Lg Sheila Hagerty 46 Braunview Way PTl-C Att Emily Hedges 5490 Chestnut Ridge Road PTl-E Lg Matthew Horn 4825 California Road PTl-C Att Kelly Hugar 74 Henning Drive PTl-C Att Lee Hugar 79 Henning Drive PTl-B Att Patrick Hurley 59 South Lincoln Avenue PTl-C Att Elizabeth Imbirowicz 114 Southridge Drive PTl-C Att Amanda Janosky 833 Sturgeon Point Rd., Derby NY 14047 PTl-E Lg Florence Kirkner 16 Bender Drive PT3-E Lg Claire Lewandowski 6150 W. Quaker Road PTl-B Att Jacqueline Lex 151 Idlewood Drive PT3-A Att

I Michael Lindstrom 6235 Scherff Road PTl-C Att Nicole Lucie 733 Schwartz Rd., Lancaster NY 14086 PT6-D Att Lindsey Martz 32 Cherry Tree Lane PTl-C Att Tina Mesi 31 Hawthorne Lane PT6-D Att Nicole Moore 1578 Delaware Ave., Buffalo NY 14209 PT6-D Att Matthew Nolan 345 Independence Drive PTl-A Lg Andrew Pace 191 Stonehenge Drive PTl-C Att LauraPalmo 5 Lakewood Drove PT3-A Att Jason Petrie 7216 Milestrip Road PTl-E Lg Lindsay Pohlman 18 Stonehenge Drive PTl-C Att Cherie Posenjak 7840 Milestrip Road PTl-C Att Andrew Ramage 15 Daisy Lane PT2-B Att Raymond Rayeski 8112 Cole Road PTl-C Att Ed Rowland 71 S. Davis Street PT6-D Att Leah Sauer 24 Graystone Lane PTl-C Att Michael Schamann 6174 Armor Road PT2-B Att Jacqueline Schier 77 Meadowbrook Road PTl-C Lg Annie Schonour 140 Forest Drive PTl-B Att Megan Sreniawski 240 Oakbrook Dr., West Seneca NY 14224 PT6-D Att Neal Suchak 10 Nieman Drive PTl-E Lg Michael Sullivan 35 North Lane PTl-C Lg Timothy Swyers 90-8 Carriage Drive PTl-C Lg Eva Szinger 30 Carey Drive PT2-B Att Alyssa Trampert 71 Fairway Drive PTl-B Att Natalie Vinti 5600 Powers Road PTl-C Lg Sarah Yates 240 Independence Drive PTl-C Att Darcy Zappia 32 Quaker Lake Terrace PT2-D Att

The resolution was unanimously adopted.

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New Business #7 Authorize Supervisor to sign SPDES General Permit for Stormwater Discharge

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

WHEREAS, per the Federal EPA Environmental Conservation Law, Clean Water Act, and Stormwater Phase IT regulations, the Town must submit to the New York State Department Environmental Conservation a Stormwater Management Program Annual Report outlining the Town's progress in meeting the Notice of intent (NOI) goals. This will be the Town's third annual report to the NYSDEC, and

WHEREAS, the annual report must be submitted to the NYSDEC each year by June 151, included with the report is the Municipal Compliance Certification Form, and

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the New York State Department of Environmental Conservation SPDEC (#NYUR20AI37) General Permit for Stormwater Discharge from Small Municipal Separate Storm Sewer (MS4s), Permit No. GP-02-02, Municipal Compliance Certification. .

The resolution was unanimously adopted.

New Business #8 Building Inspector to Solicit 3 Bids for Lawn Care @ 61 Velore Avenue

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16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO I MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:

WHEREAS, the property located at 61 V elore Avenue has been problematic for several years, in that the owner of record lives in North Carolina and does not keep the property maintained with respect to mowing the lawn, and

NOW, THEREFORE, be it .

RESOLVED, that the Town Board does hereby authorize the Building Inspector to solicit for bids to mow the lawn at 61 Velore Avenue, and to apply all charges to the tax roll for that property.

The resolution was unanimously adopted.

New Business # Police Department to Hold Bike Auction, June 17th @ 10:00 AM

17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

WHEREAS, the Orchard Park Police Department has acquired several unclaimed bicycles and miscellaneous items during the past year, ownership of these items has not been established, and

WHEREAS, under the Provisions of the New York State Personal Property Law, these items can be sold

NOW, THEREFORE, be it I

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RESOLVED, that the Town Board does hereby authorize the Chief of Police to hold the Annual Bike & Property Auction, June 17, 2006, at 10:00 AM, in the rear parking lot of the Orchard Park Municipal Center, 4295 South Buffalo Street, in the Town of Orchard Park.

The resolution was unanimously adopted.

Refer to the Planning Board and/or Conservation Board

18) 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 refer the following to the Planning Board and/or Conservation Board:

• Dr. Zachery Clark, 4180 Abbott Road. Requesting construction of a 3,000 square feet office building for a Chiropractic Medial Office Building.

• Jim Ball Pontiac, 3443 Southwestern Boulevard @ Hart Place. Requesting review of property landscape related to safety driving issues with better view of vehicle movement on Hart Drive.

• Jeremy Lindstrom, 3776 N. Buffalo Road. Requesting a "Change-In-Use" from a garage to a finished room to be used for the rehabilitation aspect of his chiropractic practice.

• Fisher Bus Service, South Benzing Road. Request to build a new facility.

The resolution was unanimously adopted.

ELECTED OFFICIALS AND DEPARTMENT HEADS

At this time Councilwoman Ackerman introduced Planning Coordinator Remy Orffeo, and the Town of Orchard Park Network Coordinator Paul Warriner, who both gave a presentation on "Building Plan Application Procedures" available on the web site for the Town of Orchard Park. Councilwoman Ackerman thanked Rose Seifert, Secretary to the Planning Coordinator for all her help in this process.

Councilwoman Ackerman stated that Art Splash is returning to fill the halls of the Municipal Center. It is the program that gives the Orchard Park students from Kindergarten through to 1th Grade a chance to showcase their artistic talents in the halls of the Municipal Center.

Councilman Jemiolo announced that "Art Rocks the Parks" is this Saturday, May 20th from I :00 PM to 4:00 PM. He stated the Summer Brochure for the Recreation Department will be out soon and residents can register online at the Town of Orchard Park Web-site. He also mentioned Birdsong Park is having their Grand Opening, Saturday, June 3rd at 1 :00 PM.

Councilman Jemiolo said Raymond Stromecki, the Insurance Representative for the Town, stated the Town of Orchard Park's Liability Insurance includes coverage for "Acts of Terrorism" for $7,386.00, unless the Town of Orchard Park rejects the coverage. Mr. Stromecki recommended that we do not reject the coverage and accept the "Acts of Terrorism Coverage" for the Town of Orchard Park.

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

RESOLVED, the Town Board does hereby directs the Supervisor, to NOT sign the waiver of coverage, for "Acts of Terrorism" connected with the town's Liability Insurance coverage, as recommended by Raymond Stromecki, the towns liability insurance representative. This coverage is included in the pre­approved contract. The cost of$7386.00 was included in the initial premium.

The resolution was unanimously adopted.

Councilman Dietrick asked the Supervisor if he could have the Sales Tax Revenue information from the County of Erie. Supervisor Travers Murphy stated she has contacted the Town's accountants regarding this request, and this report shall be in her office next week.

Police Chief Sam McCune, reminded everyone to Buckle Up For Safety.

Highway Superintendent, Fred Piasecki, spoke about the CHIPS Program/Grant that has been awarded to the Town. Councilman Jemiolo offered the following pre-filed resolution.

Budget AmendmentlHighway Fund CHIPS

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

WHEREAS, the Town has received and increase in the amount of aid to be receive the full amount of CHIP's aid, and

WHEREAS, the Town does wish to utilize such fund to improve Town roads

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the amending of the Town's 2006 budget to increase estimated revenues from New York State and authorize additional appropriations as follows:

Increase Appropriation Account: DA5112.200 Improvement Program $12,358.00 Increase Estimated Revenues: DA3501.000 Revenue - State Aid (CHIP'S) $12,358.00

The resolution was unanimously adopted.

Highway Superintendent, Fred Piasecki, outlined the road repair his department will be doing, and he gave a report on the Compost Site Free Mulch Day. He reminded everyone the business hours for the Compost Site, which will be Tuesday through Friday, 9-5 PM, and every Saturday 8-12 PM.

Legislator John Mills discussed the Proposed Resolution to Terminate Sales Tax Revenue Distribution Agreement of December 30, 1977. He is glad that the Town Board and other local municipalities are joining his efforts to obtain fairer sales tax allocation in Erie County. Legislator Mills discussed updating the bridge/dam on Highland Avenue and feels this will alleviate the flooding problems. Bids will be released in March 0[2007.

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1dh Town Board Meeting 5/17/06 PageJ3

Legislator Mills stated Erie County can not help Mr. Francis on California Road unless he has his neighbors agree to participate. Mr. Mills requested the Town Board contact Mr. Francis and to go back to the drawing board.

21) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, 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 Part Town Fund Risk Retention Cemetery Fund Highway Fund Special Districts Trust & Agency Capital Fund

$141,920.97 $1,109.60

o o

$19,042.79 $204,219.53

$113.18 $29,750.80

The resolution was unanimously adopted.

Receive and File Communications & Reports

22) 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 receive and file the following Communication(s) & Report(s):

Communications:

Reports:

Senator Dale Volker acknowledged receipt of the resolution passed by the Town Board in support of the removal of certain toll plazas on the New York State Thruway. Building Inspector's Monthly Report & Building Penn its for April 2006. Chief of Police's Monthly Report for April 2006.

The resolution was unanimously adopted.

BUSINESS FROM THE FLOOR

Marion Snyderman: Spoke about the bridge/dam/flooding on Highland Avenue and wanted to know what type of support the Town Board is going to give to these issues.

Kathleen Orie: Spoke on issues about the Proposed Hills Subdivision. Wanted to know where the Comprehensive Plan is and when was it going to be public for the residents.

Althea Falsone: Discussed issues surrounding the Proposed Hills Subdivision; flooding, drainage, etc.

Diane Doster: She too wanted to voice her opinion on the Proposed Hills Subdivision.

Judith Salerno: She stated she too was in opposition of the Proposed Hills Subdivision. Her biggest regret is taking all the trees down, which only will make the noise from the thruway louder and louder.

1dh Town Board Meeting 5/17/06 Page 14

Christine Johnston: She stated her opposition to the Proposed Hills Subdivision. She asked the Town Board to explain the difference in the R-Zonings in the Town Code Book.

There being no further business from the floor, on motion by Councilman Jemioio, seconded by Councilman Ackerman, to wit: the meeting was adjourned at 8:47 PM (local time).

• .' Resp. ectf.~lIY~b Jed, tfl'~9/7 '~ .,d"£<:_ ., £U.-P. ", -----_0. , Janis A. Colarusso

Town Clerk