A Meeting of the Town Board of the Town of Orchard Park, Erie County New York, was held at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 20th day of January, 1999 at 8:00 P.M., (local time). The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
John J. Mills Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Steven P. McCarville Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph Campion Building Inspector
Samuel M. McCune Police Chief
Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the minutes of the regular meetings of the Town Board, held on December 2,1998, as presented to 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.
Old Business # 1-Set Public Hearing for Local Law #2-1999, “PUD & Cluster Development Moratorium”
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing on Wednesday, the 17th day of February, 1999 at 8:00 PM (local time) in the matter of the adoption of Local Law #2 for the year 1999, entitled Planned Unit Development and Cluster Development Moratorium, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
Before the vote was taken, Councilman Mills stated the Zoning commission has not completed it’s study of the PUD & Cluster Developments and this Moratorium will give them the extra time needed to evaluate all the information. He also stated the session scheduled for the next Zoning Commission is February 1st, and they will be reviewing the PUD & Cluster Development. Councilwoman Ackerman stated that the PUD & Cluster Development subcommittee will be giving the Zoning Commission their presentation on February 1, 1999 if anyone wishes to attend.
The resolution was unanimously adopted.
Old Business #2- Request for Special Exception Use by West Seneca Rotary for vacant land on Southwestern.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board has referred the request of the West Seneca Rotary Foundation to rezone 254 acres of vacant land, bordered by Southwestern Boulevard, Old Transit road, Michael Road and Angle Road, from R-2 & R-3 to R-2 Special Exception Use & R-3 Special Exception Use, for the purpose of building a golf course, to the Planning Board, and
WHEREAS, upon review the Planning Board has recommended that the Town Board Seek Lead Agency Status under SEQRA
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby seek Lead Agency Status for this Type I Action, and be it further
RESOLVED, that the SEQRA document shall include such items as fertilizer runoff, wetland, traffic, parking needs, lighting needs, and if there are any plans to develop the property further after the golf course is constructed and any other environmental concerns that may be presented.
The resolution was unanimously adopted.
Old Business # 3 - Request for Rezoning by Woodbridge Construction on Taylor and New Taylor Road
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board has referred the request of the Woodbridge Construction Group to rezone vacant land, on the east side of Taylor Road, north of New Taylor Road, from 1-1 and R-3 to R-4 for the purpose of constructing an apartment complex, to the Planning Board, and
WHEREAS, the Planning Board, upon review, has recommended that the Town Board seek Lead Agency Status under SEQRA,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby seek Lead Agency Status in this Type 1 Action, and be it further
RESOLVED, that the SEQRA document shall include such items as the loss of industrial land, discussion of the differential impact of residential development versus industrial on schools and town services, wetlands, water supply and drainage concerns and any other environment concerns that may be presented.
All members of the Town Board expressed concern over the loss of industrial land in Orchard Park and would like attention paid to those particular concern during this review.
The resolution was unanimously adopted.
New Business #1 - Authorize Tad Beale to attend the 1999 EPA Certification Training Class
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby authorize Tad Beale to attend the 1999 EPA Certification Training Class, at town expense.
The resolution was unanimously adopted.
New Business #2 , 3 & 4 Refer to the Planning Board & the Conservation Board
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLED, that the Town Board does hereby refer the following requests to the Planning Board and the Conservation Board:
2.2 John R. Bray, 4025 N. Buffalo Street, requesting to rezone this property from R-2 to B-3 for the purpose of operating a garden center. The front 350 feet of this property is already zoned B-3.
3. Birch Run, 6541 Webster Road, requesting a Change -In-Use (At the time of the motion, Councilman Buyer stated that this request may end up being a rezoning request instead of a change-in-use) from residential to commercial.
4. Marriott International, 3970-3980 North Buffalo Road, requesting Site Plan Approval.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the following budget transfer on the 1998 budget, as recommended by the Police Chief:
$ 375.00 From: A.3120.000.407 Uniform Allowance
$ 125.00 To: A.3120.000.400 Office Supplies
$ 250.00 To: A.3120.000 474 K-9 Maintenance
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor, Toni Cudney, to apply to the New York State Department of Labor, Occupational Safety and Health Training and Education grant program for $ 32,670.00 to support education and safety training program that will benefit a target population of approximately 145 municipal employees, and be it further
RESOLVED, the Town of Orchard Park will provide $ 43,450.00 in-kind goods and services as matching funds.
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor, Toni Cudney, to apply to New York State Education Department, State Archives and Records Administration (SARA), for $ 36,650.00 to conduct a pilot study of application and function of a Geographic Information System (GIS) in one quadrant of the town, and be it further
RESOLVED, the Town of Orchard Park will provide $ 12,672.00 in-kind goods and services as matching funds.
The resolution was unanimously adopted.
The Supervisor announced that the Community Block Grant Consortium have awarded grants to three of the projects targeted by the Town of Orchard Park. They are listed as follows:
1) $ 90,000.00 for the Summit Road reconstruction
2) $ 90,000.00 for the Rural Transit Van
3) $ 45,000.00 for the Boys & Girls Club Handicap Access - Joint project with the Village
Supervisor Cudney also acknowledge a report from John Printy, the Town Historian, stating that the Orchard Park Historical Society has received a $10,000.00 Grant from the New York State Office of Parks, Recreation & Historical Preservation which will be applied to the Jolls House.
During the recent storm, several people commented to the Supervisor about the AmeriCorps Volunteers that helped out West Seneca citizens. They wondered if the Town of Orchard Park could pursue this idea. Supervisor Cudney contacted Tom McGinty, who is Director of the Youth Board, and he said that he would pursue any opportunities that the Town may have for any AmeriCorp funding, and he also suggested that the Town look into the concept of a “QuakerCorp” which would be similar to AmeriaCorp. This would consist of a group young people who would volunteer their time to various sectors of this community and it would be facilitated by the Town. Supervisor Cudney asked Councilwoman Ackerman to present this idea at the next Youth Board Meeting.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the use of the Town Board meeting room for the caucuses of the different Political Parties to nominate individuals for the Village Elections. The Democratic Party has asked for the 26th of January and the Republican Party has asked for the 22nd of January.
Supervisor Cudney expressed the opinion that the request by the Political Parties to use the Town Board Room should be treated like any other request. All organizations should use one of the many general meeting rooms within the Municipal Center. She stated she felt political caucuses should not take place in the board room.
Councilman Buyer and Councilman McCarville both supported the motion.
Supervisor Cudney Nay
Councilman Mills Yea
Councilman Buyer Yea
Councilwoman Ackerman Yea
Councilman McCarville Yea
The resolution was duly adopted.
Councilman Mills said the Superintendent of Highways brought up the idea of monitoring all the independent contractors who do private snowplowing in the Town of Orchard Park. With record amounts of snow, the independents have pushed snow into the streets, onto other peoples property , and into others driveways and causing dangerous conditions. Councilman Mills said this is all counterproductive to what the Highway crews are working to accomplish, and he would support any measure to monitor the independent snowplowers in any way.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize a letter be sent to the New York State Department of Transportation asking them to relocate a ski club sign on Rt. 240, as it currently blocks the sight of anyone pulling out of Cole Road, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
Councilman McCarville remarked that at last night’s Public Safety meeting the idea was brought up of addressing safety issues while projects are in the planning phase and eliminating many problems up front. The Public Safety Committee is going to approach the Planning Board to see what can be done to integrate Public Safety into the Planning system.
The Building Inspector suggested that residents have a professional look at their roofs because of the volume of snow that has accumulated over the last few weeks.
Highway Superintendent, Ron Geitter, wanted to acknowledge the outstanding job that his crew has done during the recent weeks. With the record snowfall in the past few weeks, his department has worked long hours, and received little sleep, keeping the roadways of Orchard Park passable for the residents. He also commended the Village Department of Public Works for the dedication during this storm as well.
Supervisor Cudney stated that the Town has spent over $ 82,000.00 on overtime and snow removal from January 1st to the 15th of this year. The county contacted the federal government regarding the monies spent during the snow storm and they indicated that there should be some emergency assistance from Washington.
Town Engineer, Mike Merritt, requested that the citizens who have fire hydrants on their property try to shovel them out and make them accessible as possible in case of emergencies. The Water Department has been working diligently to clean out as many as they can, but because of the unusual snow fall this year it is hard for them to keep up on it. The volunteer fireman have also been helping to clean out the fire hydrants.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #2, following auditing by members of the Town Board and in the funds indicated:
$ 269,667.48 General Fund
$ 4,181.50 Part Town Fund
$ 28,465.01 Highway Fund
$ 100,991.12 Special District
$ 34,591.61 Trust & Agency
$ 67,117.26 Capital Fund
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communication as entered on the agenda:New York State Department of Transportation regarding the US219, Southern Expressway, Route 391 to Duerr Road, Erie County, PIN 5101.61.122.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Reports as entered on the agenda:
1) Building Inspector’s Monthly Report & Building Permits for December, 1998.
2) Police Chief’s Monthly Report for December, 1998.
3) Town Clerk’s 1998 Annual Report.
4) Police Chief’s 1998 Annual Report.
5) Orchard Park Youth Court’s 1998 Annual Report.
The resolution was unanimously adopted.
BUSINESS FROM THE FLOOR
Ann Bird - Orchard Park league of Women Voters: Discussed having a citizens committee to help with issues regarding group homes and their placement.
Wally Ryll, 26 Tanglewood Drive West: Discussed his house burning and the complications involved. Supervisor Cudney suggested that he speak with the Building Inspector & the Police to make sure he has done everything that needs to be addressed.
Marvion Ashburn, 6326 Benning Road: Discussed his tax bill, independent snow plowers placing snow in the streets and road crews plowing in the driveways, mailboxes and fire hydrants as they plow the roads.
There being no further business before the Town Board, on motion by Councilman Buyer, seconded by Councilman McCarville, the meeting was adjourned at 9:25 P.M.
UNANIMOUSLY ADOPTED.
Respectfully Submitted
Janis A. Colarusso
Town Clerk