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 19th day of January 2000 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 Chief of Police
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
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 Town Board, held on December 15, 1999, The 2000 Organizational Meeting held on January 5, 2000 and the Town Board Meeting held on January 5, 2000, 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.
2) 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 request for a Building Permit from Western New York Eye Care, vacant land east side of Sterling Drive to construct a 10,000 square foot medical office building. The Planning Board, 1/12/00, recommends approval of this request with the following conditions and stipulations:
1. This is an Unlisted SEQR Action based on the submitted Full EAF Parts 1 and 2 and a Negative Declaration shall be made.
2. A landscape completion bond in the amount of $ 6,595.00 or a certified check in the amount of $3,297.50 before a building permit is issued in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 46.6% green space.
3. The site lighting plan is limited to those fixtures and poles indicated on the approved site plan, which is a maximum of 175-watt freestanding lights. Any additional building mounted lighting and sign lighting shall be reviewed and approved by the Planning Board prior to installation.
4. No outside storage or display is permitted.
5. Dumpster as shown shall be screened along with any additional dumpster all of which shall be screened in accordance with Section 144-25 of Town Code.
6. Town Engineering Approval shall be obtained for minor drainage and sewage issues prior to Town Board approval.
7. The surgical area’s internal building permit release is subject to Planning Board review and approval for on-site parking requirements.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, a Draft Environmental Impact Statement has been submitted in connection with the California Road townhouse development proposed by Walter Schmidt, Jr.
NOW, THEREFORE, be it resolved as follows:
1. That this Town Board hereby determines that the Draft Environmental Impact Statement is adequate for public review pursuant to Section 617.9, Subdivision 3 of the State Environmental Quality Review Act Regulations.
2. That a Public Hearing shall be conducted with regard to the Draft Environmental Impact Statement on March 15, 2000 at 8:00 P.M.
3. That the Engineering firm Pratt & Huth is hereby retained to review the Draft Environmental Impact Statement at a sum not to exceed $ 9,200.00
4. That the developer, Walter Schmidt, Jr., shall deposit with the Town of Orchard Park, to be held in escrow to pay for review of the Draft Environmental Impact Statement, the sum of $ 9,200.00, which is two percent (2%) of the proposed total cost of the project, $ 460,000.00.
Before the vote was taken Councilman Buyer stated that the Town Board has not made any decision on this project. He also stated once all the information has been reviewed and the public hearing has been held, a determination will be made by the Town Board.
The resolution was unanimously adopted.
New Business #1 Authorize Supervisor to sign a contract with Erie County for a Nutrition Program
4) 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 the Supervisor to execute the 2000 Contract with the Erie County Department of Senior Services for a Nutrition Program.
Before the vote was taken, Supervisor Cudney stated this is the luncheon program that is served at the Senior Center daily for seniors and low income individuals. Anyone interested in having lunch at the center should call my office or the Senior Center.
Councilwoman Ackerman stated that the money available for this program comes from the Federal Government under the Older Americans Act and it passed through the County and then to the Town.
The resolution was unanimously adopted.
New Business #2 New York State Public Service Commission
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, a hearing officer for the New York State Public Service Commission has issued determinations regarding the street light billing reconciliation methodology utilized by Niagara Mohawk Power Corporation (PSC Cases E876383, E876767, E877116, E877817, et al) and New York State Electric & Gas Corporation (PSC Case E973910), and
WHEREAS, these determinations found that the aforementioned electric utility companies have violated pertinent sections of Title 16 NYCRR and ordered said companies to refund money for street light overcharges
NOW THEREFORE, be it
RESOLVED that the Town Board of the Town of Orchard Park would like to urge the Commissioners to uphold the determinations and enforce their provisions so that taxpayers money will be refunded in a timely manner.
Before the vote was taken Supervisor Cudney stated she was contacted yesterday by a representative from Computel Consultants with some additional information about this situation. She stated when the Town of Orchard Park telephone bill was roconciled the Town had to pay $ 5,800.00 in back billing charges. Since this ruling with the PFC, NYSEG believes the $ 5,800.00 should be returned in credit to the Town, but the Town still believes with this new determination all billings should be reviewed.
The resolution was unanimously adopted.
New Business #3 Set Public Hearing for Cluster Development Ordinance
6) 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 to set a Public Hearing for February 16, 2000 at 8:00 P.M. in the matter of the amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows: I) Repeal Planned Unit Development Ordinances §144-47 through §144-55, inclusive. II) Repeal Existing Cluster Development Ordinances §144-45 through §144-46, inclusive. III) §144-45 Cluster Development.
Before the vote was taken Councilman Mills stated the Zoning Commission has worked very hard on the ordinance and he also stated that he hoped the press could assist in bringing public input to this sensitive issue that needs to be resolved.
Councilman Buyer asked if the ordinance he received from the Zoning Commission was their final draft to which Councilman Mills stated yes.
Supervisor Cudney urged anyone who is interested in reviewing it to see her and she would be happy to explain it to them.
The resolution was unanimously adopted.
New Business #4 Town of Orchard Park Personnel Policy Manual
7) 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 table any action for the Town of Orchard Park Personnel Policy Manual based on questions from the Department Heads that are still not answered.
The resolution was unanimously adopted.
New Business #5 Assessor requesting to attend the NYS Assessor’s Association Leg. Action Day
8) 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 authorize the Town Assessor, A. Terrance Campbell, to attend Legislative Action Day January 24th and January 25th, in Albany New York, at Town expense.
The resolution was unanimously adopted.
New Business #6 Retain a Engineering Firm for Bussendorfer/Forsythia Drainage Project
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the conditions of the existing natural drainage ditch in the area of Bussendorfer Drive, Forsythia Court and Pinewood Terrace has generated some complaints about erosion and occasional overflows, and
WHEREAS, last year the Town of Orchard Park received a letter signed by most of the property owners in the area requesting the Town to assume responsibility for the ditch and to make improvements to eliminate the problems, and
WHEREAS, improvements will include clearing, widening and re-grading of the existing ditch, enclosing all or portions of the ditch with culverts and possibly filling all or a portion of an existing pond, and
WHEREAS, it will be necessary to obtain permission along with the acquisition of temporary and permanent easements from all affected property owners for construction access and maintenance, and
WHEREAS, a consulting firm is needed to perform the survey and easement mapping as well as to prepare alternative design concepts, cost estimates and final design plans and bid documents, and
WHEREAS, a qualified local Engineering Firm has sent the Engineering Department a proposal in which the Engineers believes to be fair and reasonable
NOW THEREFORE, be it
RESOLVED that the Town Board does hereby authorize the Supervisor to sign an Agreement with DiDonato Associates, P.E., P.C., 3121 Clinton Street, Suite 5, Buffalo New York 14224 to provide engineering services for the Bussendorfer/Forsythia Drainage Project for a lump sum fee of $12,975.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #7 Retain a Engineering Firm to survey & design the Summit/Lake Project
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the location of the existing drainage ditch in the area of Summitt Avenue, Lake Avenue and North Benzing Road which cuts through the center of several parcels of land, some nearby residents have complained about the poor conditions of the ditch and have repeatedly requested the Town to make improvements, and
WHEREAS, re-grading and widening of the ditch will facilitate runoff from adjacent properties, so, permission of those property owners will be required along with temporary and permanent easements for construction access and future maintenance of the improved ditch, and
WHEREAS, for four consecutive years the Town has attempted to secure Community Development Block Grant Funds to finance such a project and this year’s grant application was again unsuccessful, and
WHEREAS, the Town Board previously decided to pay for this project entirely with Town funds if CDBG funds were unavailable and with construction targeted for the summer of 2000, and
WHEREAS, a qualified local Engineering Firm has sent the Engineering Department a proposal in which the Engineers believes to be fair and reasonable, and
WHEREAS, there are sufficient funds allocated in the Capital Reserve Fund listed under “unspecified various drainage projects” to cover the cost of the engineering work
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an Agreement with DiDonato Associates, P.E., P.C., 3121 Clinton Street, Suite 5, Buffalo New York 14224 to provide engineering services for the Summit/Lake Ditch Rehabilitation Project for a lump sum fee of $8,300.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #8 Grant Application to microfilm the Town Board Minutes for the period 1891-1999
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board be and is hereby authorizing Toni M. Cudney, Supervisor, to submit an application to the New York State Archives and Records Administration, (SARA) Local Government Records Management Improvement Fund (LGRMIF) requesting $ 3,089.50 for the cost of microfilming the minutes of the Town Board for the period 1891-1999, to retain a project assistant to ready records for microfilming and to prepare diazo microfilm copies to be sent to SARA as per grant guidelines, and the Town of Orchard Park will match funds with $ 9,400.00 in cash and in-kind goods and services, as recommended by the Town Clerk.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney stated the NYS Department of Transportation will be here in the Municipal Center tomorrow, January 20th, at 1:30 P.M. to bring back the findings and results from questions that were asked of them about the widening of Rt. 277 and the four corners that were presented to them at the last meeting in the Municipal Center. She invited anyone that would be interested in this project to come to the meeting. She also stated next Tuesday, January 25th at 7:00 P.M. the Millennium Celebration Committee will be meeting in the Supervisor’s Office. She invited anyone who would be interested in joining the committee to come to the meeting.
Councilman Mills noted that he was disappointed that the DOT is having this meeting concerning Rt. 277 tomorrow in the early evening. He believes that the local businesses need to be a part of this project and to have a meeting in the afternoon really limits a business person from coming. He stated he would hope the next time the DOT schedules a meeting here in Town for the Rt. 277 project, it will be at a time when it would be accessible to a lot of individuals that are involved and can be heard.
12) 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 Orchard Park Republican Committee to use the Town Board Room, January 31, 2000, at 7:30 P.M., for the Village Caucus.
Councilwoman Ackerman stated that this being a public building, it can used by any responsible political organization to hold a caucus type meeting to develop candidates, and we need to extend this invitation to any other reasonable recognized political groups as well.
The resolution was unanimously adopted.
Councilman Buyer stated last week Monday, January 10th the Village, Town & School Joint Planning Committee had a pre proposal meeting at 10:00 A.M. in the Municipal Center Basement with Planning Consultants who had secured copies of the Requests For Proposal (RFP) for the Town of Orchard Park, Village of Orchard Park and Orchard Park Central School District Planning Initiative to discuss and answer any questions regarding the RFP. In discussing the RFP and it’s requirements, the consultants indicated that the length of time it will take to complete all the requests on the RFP will be about 12 to 18 months. Then, it will take another year or so to develop a Coordinated Master Plan for the Town, Village & Schools. During the process Public Hearings will be set up so the citizens of Orchard Park will have input into the process as to what they would like to see for the Town. One issue that already come up is having a Moratorium on residential development, this will have to be addressed as the project progresses.
Councilwoman Ackerman stated she and the Town Engineer spent time together drawing up a series of notes of the kinds of things the Town of Orchard Park needs to do for the RFP. She stated the Town will be the Lead Agency and she will be working very closely with the Planning Coordinator and the Town Engineer on this project. She stated interviews for Consultants will be the next job on the agenda. She also noted everything is working out well and the time schedule is being met. Councilwoman Ackerman also mentioned the Youth Board Executive Board will be having their annual organizational meeting tomorrow night in the Municipal Center. At that time all dates for the year 2000 will be organized and a review of the 1999 court calendar will be done. She also mentioned that the DARE Program will be having three graduations within the next week, South Davis, Nativity and Ellicott Road. She stated the DARE Program is alive and well and thanked Officer Benz for all of his efforts. Councilman Buyer invited the press to the graduations. He stated a picture in the paper would do a lot of good for these children.
Councilman McCarville echoed Councilman Mills comments on the DOT.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED that the Town Board will receive sealed bids for “Road Building Materials” for the Highway Department, on February 1, 2000 at 11:00 A.M., at the Highway Garage, 4350 South Taylor Road, Orchard Park New York, complete specifications for the above bid may be obtained from the office of the Highway Superintendent, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #2, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 310,344.33 |
|
Part Town Fund |
$ 2,015.28 |
|
Risk Retention |
$ 3,501.19 |
|
Highway Fund |
$ 59,143.91 |
|
Special Districts |
$ 144,345.03 |
|
Trust & Agency |
$ 3,119.09 |
|
Capital Fund |
$ 51,587.20 |
The resolution was unanimously adopted.
RESOLVED, that the Town Board is hereby authorized to receive and file the following report as entered on the agenda: 1) The Town Clerk’s 1999 Annual Report 2) Police Chief’s 1999 Annual Report 3) Zoning Board of Appeal’s 1999 Annual Report 4) Building Inspector’s Monthly Report for December, 1999 and 5) Building Inspector’s 1999 Annual Report.
The resolution was unanimously adopted.
The following residents came forward to discuss the NYS Department of Transportation’s plan to reconstruct Rts. 240/277.
Mike Capriotto-7123 East Quaker Rd., business owner & resident. Mr. Capriotto stated that he was representing a group of business owners and residents. The main concern, according to Mr. Capriotto, after reading the report, the NYSDOT published, was that when the project is finished, the traffic is going to be three times worse than it is now. So why are we spending $8.5 million dollars to go backwards? He felt that the citizens should be more informed as to what is contained in the NYSDOT report. Mr. Capriotto stated that he feels the Town Board should go on record with their opinions regarding this reconstruction. He also felt that there should be some engineering input as most people do not understand the intricate details of road construction.
Stan Jemiola- 17 Birch Run, business owner & resident. Mr. Jemiola also feels the board should go on record with their opinions. His other concern, regarding the four lane construction, with three lane striping, was what will trigger the town to convert to the four lane option and if we do convert later what happens regarding the parking situation as the state will not come back to help us after the construction is completed?
Fran Hogankamp- 6404 West Quaker St., business owner and resident. Mr. Hogankamp felt the three lane option gives people a comfort level because having the turning lane makes it easier to cross over in traffic to reach a destination, where four lanes are constantly moving and it is much harder to cross over the traffic to reach a destination on the other side of the road. He felt that just moving traffic through the Village would be harmful to the businesses. There are intangibles that need to be addressed for the businesses in the Village.
Joe Ippolito-3085 Southwestern Blvd., business owner and resident. Mr. Ippolito said that he could not believe that in this day and age the Town would even consider a three lane option as he feels the congestion caused by three lane would hurt the Village businesses. He also felt the Town Board should go on record with their opinions.
Supervisor Cudney said the NYSDOT stated “if the only criteria is to move traffic, a five lane highway is what is needed”, but that is not what the community wants and she would not support a five lane option. The NYSDOT is trying to give the Community something that will function well and preserve the Village area, which is what the majority of the Public wants. It will not solve every problem because there is no panacea to traffic and urban sprawl. Supervisor Cudney said she has asked the NYSDOT to design the construction as a three lane option with the ability to convert to a four lane if necessary as that is the option she feels will work best, but she also wanted to hear what they had to say tomorrow.
Councilman Buyer said the NYSDOT made the decision to reconstruct Rts 270/244 and offered options but did not have any concrete ideas on how it should be done. The NYSDOT went to the community with several ideas and the three lane option was the majority choice. Why does it even have to be done?
Councilwoman Ackerman stated that the Village is currently in the process of purchasing a house on Princeton to demolish and develop for additional parking. Councilwoman Ackerman also asked for clarification regarding the widths between the three lanes and four lanes, and how the sidewalks are set up for each option.
Councilman McCarville agrees that the Village is too crowded and his concern is that the congestion will keep people away from the Village shops. They need to find a way to strike a balance between moving traffic and the quality of life in the Village. Councilman McCarville said that currently he favors the four lane, with a three lane striping so that it can be converted if need be, but he would go on record after the NYSDOT meeting tomorrow.
Councilman Mills said this project needs to be designed with a compromise to protect the Village businesses and the integrity of the Village. The other issue was that there has not been a plan formulated to protect the businesses from going out of business during the construction period. He has seen where this kind of construction, which can go on for years, can be devastating to business. Councilman Mills then said he would go on record with his stand on the reconstruction by offering a resolution.
Town Engineer Michael Merritt stated that the difference in the three lane widths and four lane widths varies in different spots but both options will have wider sidewalks. He also stated that there are two different four lane options available: 1) the first option will eliminate all parking altogether 2) the second option will eliminate parking on one side of the street- the east side of Rts. 277/240 north of Rt. 20A and on the west side of Rts. 277/240 south of Rt. 20A. Mr. Merritt recommends the second four lane option be studied and feels that option is the best alternative for the Town and Village, but he has not heard what else the NYSDOT has to offer tomorrow.
16) 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 ask the New York State Department of Transportation, regarding the reconstruction of Rts. 277/240, to construct a road as a four lane highway, but stripe it as a three lane highway, allowing the Town of Orchard Park to have a flexibility situation in case the three lane poses a problem in which it constricts proper traffic flow through the Village, and be it further
RESOLVED that the road will not be any narrower than it is now and the bump outs will not be part of the design, and be it further
RESOLVED that the four lane option recommended by the Town Engineer, with alternate parking, be the one used by the NYSDOT.
Supervisor Cudney and Councilman McCarville both stated they will vote in the negative because they wished to reserve decision until they heard what the NYSDOT had to present at the meeting tomorrow.
Supervisor Cudney Nay
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman McCarville Nay
The resolution was duly adopted.
There being no more business before the Town Board, on motion by Councilman McCarville, seconded by Councilman Mills, the meeting was adjourned at 9:21 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk