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 2nd day of June, 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 M. Campion Building Inspector
Samuel M. McCune Police Chief
Michael R. Merritt Town Engineer
ABSENT: Ronald A. Geitter Superintendent of Highways
PRESENTATION OF YOUTH COURT AWARDS
Supervisor Cudney asked Councilwoman Ackerman to present the awards in honor of the following graduating senior students for their Youth Court achievements: Katie Lyons, Melissa Warhol and Christa Zaccaria.
Tom McGinty also congratulated and praised these three girls for their contribution as role models and the wonderful programs the town has for our youth. The Supervisor concurred and stated the proud parents and families of these three girls should be applauded for the role they played in their honor.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the regular meetings of the Town Board, held on May 5th & 19th, 1999, 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 8:10 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the request of Woodbridge Construction to rezone 14.85 acres of vacant land on the east side of Taylor Road from I-1 to R-3, to construct an apartment complex. The Planning Board on 4/14/99, recommended denial of this rezoning request.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
Supervisor Cudney opened the Public Hearing and asked Mr. Staple, a representative of Woodbridge, to give some background on this proposed project. Mr. Staple introduced and gave the floor to Dennis Boyle, who also works for Woodbridge and lives in Orchard Park. Mr. Boyle described the details of the complex. Al Bitwell, an architect from Humphrey and Lasky and the developers of the project, presented a slide presentation and further explanation of the project. At this time Mr. Staple referred to a letter that John Bernard, Chairman of the Planning Board, had written stating reasons in favor of the original rezoning request . Councilman Mills asked about the rental fees that they planned to charge. Mr. Boyle answered the question from Councilman Mills and stated the fee would be $ .85 per square foot, with the size ranging from 900' to 1300'.
The floor was opened for public comment: Mr. John Krull, who owns the land, spoke in favor of rezoning due to the inadequate use for Industrial Use due to wetlands. He explained that there hasn’t been any buyers interested in buying this property for years. Councilman Buyer asked to see his paperwork on past rezoning.
Marvion Ashburn, 6326 Benning Road, asked if these apartments were renter owned. Mr. Boyle replied they are not. Mr. Ashburn also wanted the Town Board to further research the Rt. 219 and wetlands off Taylor Road to see if they are indeed worthy of Industrial Use.
Written communications were received prior to the meeting.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER , TO WIT:
RESOLVED, that the Public Hearing in the matter of the request of Woodbridge Construction to rezone 14.85 acres of vacant land on the east side of Taylor Road from I-1 to R-3, is hereby closed at 8:43 P.M., (local time).
The resolution was unanimously adopted.
The Supervisor stated that the Town Board’s decision will be reserved until further review.
Old Business #1 Modifications to permanent Drainage Easement on New Taylor Road.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, in 1981 the Town relocated and widened an existing drainage ditch running between New Taylor Road and Rt. 219 and as part of that phase of the Northwest Drainage Project, a 50 feet wide permanent drainage easement was obtained to allow the Town access for maintenance purposes, and
WHEREAS, in 1998 the Town Highway Department cleaned this ditch and at the request of the owner of the above referenced property, Mr. Peter Bruin, relocated the ditch slightly to the east and that portion is no longer within the Town’s original easement. The Engineering Department has prepared a map and description of the additional property needed for the new ditch alignment, and
WHEREAS, in addition, Mr. Bruin is in the process of selling the parcel of land containing this ditch to Ellicott Development Co., whose firm is presently before the Planning Board seeking site plan approval for a new building to house the New York State Department of Transportation soils laboratory, and in order to improve overall layout of that project, the developers have requested that the Town release a small section of the original easement to accommodate the proposed building location,
NOW, THEREFORE, be it
RESOLVED, that the Town Board authorize the acquisition of an additional permanent drainage easement on property owned by Mr. Peter Bruin on Taylor Road and the release of a portion of the existing permanent drainage easement on said property as recommended by the Town Engineer and Highway Superintendent.
The resolution was unanimously adopted.
Old Business #2 Authorize the release of the Maintenance Security for PIP #97-02 for $2,500.00
4)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on May 6, 1997 a final inspection of the Vistula Avenue Sanitary Sewer Extension was conducted and all of the work has been found to be in accordance with Town construction specifications and standards, and
WHEREAS, the two year maintenance period has now expired, and the Engineering Department recently inspected the sewer line and has found that the improvements constructed under PIP #97-02 remain in satisfactory condition,
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to release $2,500.00 maintenance security for Vistula Avenue Sanitary Sewer Extension (PIP 97-02) to George Piniewski, 182 Charles Crest, West Seneca New York 14224, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #1 Right of Way & Easement Acquisition for Quaker Centre Industrial Park
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCarville, TO WIT:
WHEREAS, in 1988, the Town took ownership of a 60 feet wide right of way for a new highway, Cobham Drive, to be constructed between Centre Drive and Big Tree Road in the Quaker Centre Industrial Parkland based on the preliminary design at that time, the right of way was widened to 120 feet at the proposed road crossing at Smokes Creek, and
WHEREAS, the final design of Phases 5 & 6 of the industrial park is nearing completion and we have determined that additional rights of way and some permanent and temporary easements will be needed for the Town to successfully complete this project,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed in the acquisition of additional rights of way and easements required for the construction of Cobham Drive in the Quaker Centre Industrial Park, Phases 5 & 6, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Supervisor to execute an Agreement w/Erie County: Local Planning Initiative Program
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Supervisor of the Town of Orchard Park is hereby authorized to execute an Agreement with the County of Erie as pertains to the 1999 Local Planning Initiative Program, and be it further
RESOLVED, that the Supervisor of the Town of Orchard Park is hereby authorized to execute a Data Sharing Cooperative Agreement for Local Governments with the New York State Office for Technology on behalf of the Town of Orchard Park.
The resolution was unanimously adopted.
New Business #3 Orchard Park Central School requesting permission to use Yates Park on June 7th
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCarville, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Central School to use Yates Park for two kindergarten classes within their district for a picnic at Yates Park on June 7th from 11:30 A.M. until 1:00 P.M.
The resolution was unanimously adopted.
New Business #4 Voyager Base Team from OP Middle School requesting to use Green Lake June 17th
8) 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 approve the request of the Orchard Park Middle School to use Green Lake for June 17th from 10:00 A.M. until 2:45 P.M.
Before the vote was taken Councilwoman Ackerman stated the letter of request from the Orchard Park Middle School included reserving a shelter. She stated that the Town of Orchard Park does not reserve shelters for anyone over at Green Lake, it’s a first come first served. She also commented by saying the best way to get a shelter is to arrive as early as possible on June 17th.
The resolution was unanimously adopted.
New Business #5 Appoint the 1999 Spring/Summer Recreation Staff
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 approve the following resident appointments, dependent upon applicant’s securing the required certification, to the Spring/Summer Recreation Staff, as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE
Bernadette Smith 39 Rainbow Dir. $ 6.25
Jennifer Kisker 4041 N. Freeman Aide $ 5.15
Eva Szinger 30 Carey Dr. Sub/Dir. $ 6.00
Kathleen Higgins 6128 Powers Aide $ 5.35
Jennifer Nichols 115 Fox Meadow Guard $ 5.35
Mike Campbell 169 Highland Guard $ 5.95
David Young 114 N. Davis St. Guard $ 5.50
Robert Bergner 4159 N. Bolo. 35-9 Dir. $ 6.00
Amanda Gessner 6 Peppermill Guard $ 5.35
Michelle Nigon 27 Fox Meadow Guard $ 5.95
Sue Wiencek 6344 Milestrip Dir. $ 6.50
Christina Moore 136 Broadmoor Dir. $ 6.00
The resolution was unanimously adopted.
New Business #6 Proclamation for National Garden Week.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the gardeners of the United States produce the food which feeds our people and permits us to export our abundance to other countries; and
WHEREAS, our gardeners help to preserve our traditional spirit of independence and initiative; 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 full or part-time activity for a large number of our citizens; and
WHEREAS, gardening promotes a healthy lifestyle that lasts a lifetime; and
WHEREAS, our gardens also yield herbs, foliage and flowers which add beauty, fragrance, and nutrition to our lives; now be it
RESOLVED, that the first week in June, beginning with the first Sunday, be designated as National Garden Week;
NOW, THEREFORE, the Town Board of Orchard Park, in the County of Erie, in the State of New York, hereby proclaims the week of June 6th through June 12th, 1999, as
NATIONAL GARDEN WEEK
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY , WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS , TO WIT:
RESOLVED, that the Town Board does authorize the following budget transfer for funds received from New York State and the Federal Emergency Management Association (FEMA) to offset expenses incurred by the Town Highway Department during the January, 1999 snow storm.
$ 42,777.23 From: DA.4785.000.000 - Disaster Assistance
To: DA.5142.000.402 - Snow Removal & Other Expenses
The resolution was unanimously adopted.
Supervisor Cudney commented on the following: 1) She thanked the Highway Superintendent and his department along with the Village Highway for the improvement to Veterans’ Park for the Memorial Day Celebration. Dick Holmes and United Materials generously donated the concrete for the project. The Town spent $1,000.00 for stone and landscaped materials and $ 1,560.00 for final stamping and sealing of concrete. She also stated the Town has sent the Village of Orchard Park a letter requesting reimbursement for half of the project (stamping & sealing) which would add up to $ 780.00. 2) She stated she received a letter from David Cumerford, the Deputy Commissioner of Highways, stating Scherff Road will be paved this summer. 3) She commented that she, Councilman Mills and the Sewer Board are working with the Sewer Authority to remedy odors at Milestrip Road, and that these are results from spills from Stueben Foods in Elma. She has requested that the County fine Stueben Foods for their violations and to notify all residents affected. 4) She congratulated Councilwoman Ackerman who was chosen by the New York State Senate and honored as a ”Woman of Distinction” on May 25, 1999 in Albany for numerous activities and years of dedication.
Councilman Mills also congratulated Councilwoman Ackerman. He too promised an end soon to the problem with Stueben Foods. Councilman Mills stated that he and Councilman Buyer are in charge of the Building and Grounds Committee and proposed that contractor Ray G. Stevens refurbish Green Lake Recreation Building for $ 6,200.00.
12) 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 award the bid to Ray G. Stevens Construction of 6244 Chestnut Ridge Road, Orchard Park for $ 6,200.00, to refurbish the Recreation building in Green Lake/Yates Park.
The resolution was unanimously adopted.
Councilman Buyer stated on Monday, June 7, 1999 at 4:00 PM, there will be a dedication for the Parklands at the Birdsong Subdivision, and invited the public to attend.
13) 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 officially name the park associated with Birdsong Subdivision, “Birdsong Parklands”.
The resolution was unanimously adopted.
Councilwoman Ackerman stated that the Conservation Board recommends that the Town Board accepted a 16.18 acre parcel of vacant land from Frank Downing on the north side of Webster Road to be put into a Conservation easement in perpetuity.
14) 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 accept the Conservation easement, in perpetuity, of 16.18 acres of vacant land on the north side of Webster Road, owned by Franklin G. Downing.
The resolution was unanimously adopted .
Councilwoman Ackerman reminded everyone of the Hazardous Waste Drop-off on June 19th, 1999 at Erie Community South between 9:00 A.M. to 2:00 P.M.
Councilman McCarville stated that according to Deputy Commissioner Comerford, Thorn Avenue is scheduled for repaving next year. Councilman McCarville plans to speak to him to see what can be done for this year. He also explained that the State is still gathering information on the intersection of Powers Road and Chestnut Ridge Road for their recommendation for a possible traffic signal in the future. Councilman McCarville also commented that he, Chief McCune and Supervisor Cudney will be attending the Y2K Seminar in Eden on Thursday, June 3, 1999.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #11, following auditing by members of the Town Board and in the funds indicated:
$ 87,836.29 General Fund
$ 3,208.91 Part Town Fund
$ 2,608.36 Risk Retention
$ 66,775.63 Highway Fund
$ 14,966.01 Special District Fund
$ 4,715.48 Trust & Agency Fund
$ 4,664.80 Capital Fund
The resolution was unanimously adopted.
BUSINESS FROM THE FLOOR
Bob Frantsits, 4270 California Road: Questioned the Town Board and asked who the property owners were of the land in reference to Cobham Drive easements. The Supervisor asked the Town Engineer to explain. Mr. Merritt stated that Quaker Centre, property owners including Peter Krog, Stico and Carlton Technologies are the businesses involved. At this time Mr. Frantsits questioned the two culverts and the road to adjoin Big Tree Road. Here again the Town Engineer explained the details. The Town Engineer went on to explain the financial end of this project under the agreement with the Town Board in 1988. Mr. Frantsits also voiced his dissatisfaction with the intersection at California Road and Big Tree Road. Councilman Buyer told Mr. Frantsits that he has correspondence from the State and that there will be another study this summer and he intends to hold them accountable on this issue. Supervisor Cudney explained that the residents will not be negatively affected by the Quaker Centre Industrial Park.
There being no more business before the Town Board, on motion by Councilman Buyer, seconded by Councilman Mills, the meeting was adjourned at 9:37 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk