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 15th day of March, 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

     Michael R. Merritt      Town Engineer

                          Ronald A. Geitter     Superintendent of Highways

 

      ABSENT: Samuel M. McCune        Chief of Police

 

 

Supervisor Cudney opened the meeting by recognizing some very talented women who have achieved something that is quite noteworthy. She stated the Orchard Park Girls Swim Team sent several relay teams to the New York State High School Championship meet and made history by winning three separate relays. This is the first time any women’s swim team has ever won three relays in the New York State Competition. They also broke the New York State Record on the 200 Free Relay & the 400 Free Relay. Supervisor Cudney, along with the Councilmembers, offered congratulations to each the following women and presented individual certificates in recognition of their accomplishment: Lauren Cadigan, Kierstyn Thayer, Kristi Stone, Beth Galloway, Martha Whistler, Marie Wolbert, Megan Linehan, Alaina Thiel and Coach Art Aungst.

 

1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:

 

RESOLVED, that the minutes of the Town Board meeting held on March 1, 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.

 

PUBLIC HEARING

 

At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of Local Law#1-2000 which provides as follows: “Authorization of Police Department to Process Fingerprint Application”.

 

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.

 

Town Attorney Berkowitz explained that this Local Law will replace Local Law #1-1990 and will allow the Orchard Park Police Department the ability to obtain information from the Division of Criminal Justice Services regarding applicants to the Police Department and Fire Department.

 

PROPONENTS:

 

Orchard Park Fire Commissioner John Capriotto, 80 Hillside: stated as of April 1, 2000, this Local Law will allow background checks for all new membership of the Orchard Park Fire District. He stated they must have a background check showing  the person has not been convicted of arson.

 

OPPONENTS:  No one spoke

 

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 “Local Law #1-2000, Authorization of Police Department to Process Fingerprint Application”, is hereby closed at 8:21 PM (local time).

 

                    The resolution was unanimously adopted.

 

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

 

WHEREAS, a public hearing was held on the 15th day of March in the matter of Local Law #1-2000 which authorizes the Police Department to Process Fingerprint Applications,

 

NOW, THEREFORE, be it

 

RESOLVED, that the Town Board does hereby adopt Local Law #1-2000 as follows:

 

Local Law #1-1990 entitled “Authorization of Police Department to Process Fingerprint Application” is hereby repealed.

 

RECORDS CHECK

 

§         This Orchard Park Police Department is hereby authorized to request Computerized Criminal History Information (CCHI) of each applicant for the Orchard Park Fire District and the Orchard Park Police Department.

§         The request for Criminal History Record Information (CHRI) for applicants of the Orchard Park Fire District and the Orchard Park Police Department shall be submitted via computer to the Division of Criminal Justice Services (DCJS) in the Executive Department of the State of New York, Albany. The Division of Criminal Justice Services shall be requested to supply any information contained in their files relating to the prospective applicants.

§         Any cost incurred by the Town of Orchard Park for applicants to the Orchard Park Fire District shall be paid by the Orchard Park Fire District.

§         Repeal Existing Chapter 63 of the Code of the Town of Orchard Park.

§         This Local Law shall become effective immediately.

 

 

 

The above resolution was duly put to a roll call vote, which resulted as follows:

 

Supervisor Cudney       Aye

                                      Councilman Mills        Aye

                                      Councilman Buyer        Aye

                                      Councilwoman Ackerman   Aye

                                      Councilman McCarville        Aye

    

                    The resolution was unanimously adopted.

 

 

 

PUBLIC HEARING

 

At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the Draft Environmental Impact Statement for California Road Townhouse Development.

 

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.

 

Notice of Completion of Draft EIS and Notice of SEQR Hearing

 

Lead Agency: Town of Orchard Park, S4295 South Buffalo Street, Orchard Park, New York 14127

 

Project Number: P.B. File #28-97

 

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

 

A Draft Environmental Impact Statement has been completed and accepted for the proposed action described below. Comments on the Draft EIS are requested and will be accepted by the contact person until March 15, 2000. A Public Hearing on the Draft EIS will be held on March 15, 2000, at 8:00 PM, at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York.

 

Name of Action: California Road Townhouse Development

 

Description of Action: The construction of a 51-unit townhouse development consisting of eleven buildings.

 

Location: Vacant land, east side of California Road, south of Big Tree Road, Town of Orchard Park, County of Erie

 

Notice of Completion of Draft EIS/Notice of Hearing

 

 

 

 

Potential Environmental Impacts:

 

1.  Additional traffic burdens on nearby intersections, as well as California Road.

2.  Loss of farmland.

3.  Loss of value of existing home in the vicinity.

4.  Loss of area wildlife.

5.  Wetlands remediation.

6.  Storm water control.

7.  Possible groundwater contamination.

8.  Impact of development on local aquifer and sanitary sewer capacity.

9.  Impact of the detention basin on safety and health of residents in the vicinity.

10.         Impact on town services, including nearby recreational facilities, police service and fire protection.

11.         Possible hazardous materials on the site.

12.         Snow removal.

13.         Possible archaeologically sensitive sites on the property.

 

At such time all interested persons will be given an opportunity to be heard.

 

Town Attorney Berkowitz explained that the purpose of this Public Hearing was to receive comment regarding the Draft Environmental Impact Statement and issues with the DEIS.  The Town Board will be taking public comment for ten (10) calendar days after the Public Hearing as well.  Town Attorney Berkowitz said another Public Hearing would be scheduled for the Special Exception Use at a later date. Supervisor Cudney stated that the Town had a consultant firm review the DEIS who will be present at the work session involving this project.

 

Councilman Buyer stated that a letter was received from Stephen Doleski, the Regional Permit Administrator with the NYS Department of Environmental Conservation, addressing the DEIS .

 

PROPONENTS:  No one spoke

 

OPPONENTS:

 

Robert Kelly, 4582 California Road: Mr. Kelly had the following concerns with the DEIS. He stated the following: he has found artifacts on the property where the DEIS said there were none; the description of the wild life inhabiting this property was inaccurate, the property does house more animals that what was stated on the DEIS and he produced a stuffed coyote and a stuffed turkey  that were taken from that property; the water problem – since this property is wetlands, he questioned what are they going to do with all the water runoff from this area;  the traffic problems that will occur because of the traffic that will be generated.

 

Chris Tedesco-5345 Armor Road:  Mr. Tedesco stated he was a New York State Hunting & Fishing Guide and wildlife photographer who is showing support tonight for those against destruction of our habitat. He stated he has documented on film, the various animals that inhabit this property, which he figures at over 60 coyotes and over 200 wild turkeys. He explained and stated if this project is built, you will take away the homes and feeding grounds of these animals.  He noted we all need a place to live and the animals need a place to live. He feels the government should pay more attention to the needs of the existing wildlife and the potential devastation involved with development.

 

 

Margaret Connoley, 4567 California Road: agrees with the two previous gentlemen

Marilee Smith, 4611 California Road: agrees with the two previous gentlemen

Judy Pacholec, 4481 California Road: agrees with the all the previous speakers

Ann Kelly 4582 California Road: is opposed to the project because of the environmental issues and impact on the area

Dan Wojcik, 4476 California Road: feels the townhouses would be a grave mistake

Robert Walker, 4621 California Road: feels the EIS is distorted

 

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

 

RESOLVED, that the Public Hearing in the matter of a Draft Environmental Impact Statement for California Road Townhouse Development is hereby closed at 8:46 PM (local time).

 

The resolution was unanimously adopted.

 

Old Business #1 Jack Bertsch, 3879 N Buffalo Rd, request for a building  permit 

 

5) 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 request of Jack Bertsch, 3897 North Buffalo Road for a Building Permit to construct a 1,120 sq. ft. professional office building and site plan, as recommended by the Planning Board, on 3/8/00 with the following stipulations:

 

1.  This is an Unlisted SEQR Action based on the submitted Full EAF Parts 1 and 2 and a Negative Declaration is made.

2.  A Landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 63% green space.

3.  The site lighting plan is limited to those fixtures and poles indicated on the approved site plan.

4.  No outside storage or display is permitted.

5.  Dumpsters as shown shall be screened along with any additional Dumpster all of which shall be screened in accordance with Section 144-25 of the Town Code.

6.  Engineering approval has been granted on 3/8/00.

The resolution was unanimously adopted.

 

Old Business #2 Target Store, 5622 Amanda La. request a bldg. permit for temp outside structure

 

6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER , WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

 

RESOLVED, that the Town Board does    hereby approve the request of Target Store, 5622 Amanda Lane, for a Building Permit to erect a temporary outside display greenhouse measuring 41’ x 48’, from 4/1/00 to 7/1/00 based on the site plan dated 1/31/00, as recommended by the Planning Board 3/8/00 with the following stipulations:

 

 

 

 

1.  This is an Unlisted Type 2 SEQR action based on the submitted Short EAF and a Negative Declaration shall be made.

2.  There will be no additional outside lighting for this display or temporary structure.

3.  No banners or additional signage will be allowed for this facility.  

 

                                  The resolution was unanimously adopted.

 

Old Business #3 Diversified Controls, Inc., 3333 California Road requesting a building permit

 

Supervisor Cudney asked Planning Board Chairman Hal Fabinsky to comment on the buffer area between the Industrial Zone and the Residential Zone for the Diversified Controls project. Mr. Fabinsky said the impact of construction would be buffered in several ways.  The structure will be built several feet below grade on the side facing the residential area and will be self-burming because of its lower elevation.  There will be a wooden stockade fence.  Mr. Fabinsky said the Conservation Board requested, and the Planning Board concurred, that they have the option to visit the site after construction to instruct the petitioner where additional trees should be planted to assure that the view shed is as thoroughly buffered as possible.

 

Mr. James,  of Diversified Controls, said he was aware of the Town Board’s concern regarding the buffer zone, and had attended all the meetings, and agrees fully with everything that has been said.

 

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

 

RESOLVED, that the Town Board does hereby approve the request for a Building Permit, and the site plan dated 3/7/00, for Diversified Control. Inc., 3333 California Road, to construct a  99,400 sq. ft. pre-engineered building, as recommended by the Planning Board on 3/8/00 with the following stipulations:

 

1.  This is an Unlisted Type 1 SEQR action base on the submitted Full EAF Parts 1 and 2, and a Negative declaration is made.

2.  A Landscape completion bond in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 37% green space, and the three year completion bond for $17,000 or a certified check in the amount of $6,000 must be presented to the Town Clerk’s office prior to issuing the Building Permit.

3.  The lighting plan is limited to those fixtures and poles indicated on the approved site plan.

4.  Dumpsters as shown shall be screened along with any additional Dumpster all of which shall be screened in accordance with Section 144-25 of the Town Code.

5.  All Conservation Board suggestions are to be honored on this project. (2/29/00 Conservation Board meeting regarding Diversified Controls where based on plans for an addition and proposed parking the following motion was made and approved: given that 1) historically more than ample parking is available on this site, that the proposed parking shaded areas be deleted and vegetation in those areas be left intact. 2) the new proposed plan show an adjusted total tree count, along with a revised amount for planting material to be submitted. 3) upon completion of construction, that the North boundary be reviewed for “gaps” in the screening provided by existing trees and that the Landscape Architect review same and report findings to the Conservation Board).

6.  Engineering approval has been granted on 3/8/00.

7.  Per Section 144-29-A-2 of the Town Code, it is recommend that the Town Board approve reduced parking, with one hundred-two (102) parking spaces to be installed immediately and ninety-eight (98) to be held in reserve and installed as deemed necessary.

8.  As stated by Planning Board Chairman Fabinsky, the structure will be built below grade on the side facing the residential area, a wooden stockade fence will be constructed, and the Conservation Board has the option to visit the site after construction to instruct the petitioner where additional trees should be planted.

 

Councilman McCarville stated that he has some concerns with the Town Code pertaining to the buffer and setbacks from an I Zone to a R Zone, in what could be called a transition area.  The Zoning Code is somewhat inadequate in addressing the transition area between an I Zone and a R Zone and he requested that the Zoning Commission review the transition zones. Councilman Mills said he would take this to the Zoning Commission and then come back with some recommendations.

 

Councilwoman Ackerman asked if the building was going to be used for storage, to which the petitioner replied that there will be some storage, as well as metal and plastic fabrication at this site.

 

Supervisor Cudney wanted it noted that the Planning Board did discuss the lights and the petitioner has agreed to install lights that are motion sensitive and will be limiting the hours they will be on.

 

                   The resolution was unanimously adopted.

 

Old Business #4 Joe DeMarco, 3670 S Benzing Rd request for a Building  Permit 

 

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

 

RESOLVED, that the Town Board does hereby approve the request of Joe DeMarco, 3670 South Benzing Road, for a Building Permit, and site plan, to construct a 31,950 sq. ft. tenant building and a 25,600 sq.ft. warehouse building, as recommended by the Planning Board, 3/8/00, with the following stipulations:

 

1.  This is an Unlisted SEQR action based on the submitted Full EAF Parts 1 and 2, and a Negative declaration is made.

2.  A Landscape completion bond in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 31% green space, and the three year Landscape Completion bond in the amount of $14,500, or a certified check for $7,250, is to be presented to the Town Clerk’s office prior to receipt of a building permit.

3.  The site lighting plan is not approved at this time and shall be submitted to the Board at the Planning Board’s April meeting for review and approval.

4.  No outside storage or display is permitted.

5.  Dumpsters as shown shall be screened along with any additional Dumpster all of which shall be screened in accordance with Section 144-25 of the Town Code.

6.  The petition shall not be referred to the Town Board for its consideration until Engineering Approval is granted by the Town Engineering Department which was given on  3/15/00.

7.  Per Section 144-29 of the Town Code, reduced parking shall be granted on this site as one hundred fifteen (115) parking spaces are planned with sixteen (16) in reserve for the future if necessary.

8.  Petitioner shall submit tenants for review and approval of the Planning Board when prospective tenants are know.

9.  The Town Board will work with the petitioner, as previously agreed, with respect to the building materials and design elevation on the building and Councilwoman Ackerman will be the designated liaison  from the Town Board.

The resolution was unanimously adopted.

 

New Business #1 Fall/Winter 1999-2000 Staff Appointment for the Recreation Department

 

9) 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 the following resident appointment to the 1999/2000 Fall/Winter Recreation Staff, dependent upon the applicants providing the required certifications, as recommended by the Recreation Director: Peter Burakowski, 4088 Baker Road, Substitute Lifeguard at $5.60/hr.

The resolution was unanimously adopted.

 

 

New Business #2 OP School District request ten voting machines for Annual Budget Vote

 

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:

 

RESOLVED,  that the Town Board does hereby approve the request of the Orchard Park Central School District for the use of ten (10) Town of Orchard Park voting machines for its Annual Budget Vote on Tuesday, May 16, 2000.

The resolution was unanimously adopted.

 

 

New Business #3 Greendale Farm, 7295 Jewett Holmwood Rd request 2000 Stable Permit

 

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

 

RESOLVED, that the Town Board does hereby approve the 2000 Stable Permit for Greendale Farm, 7295 Jewett Holmwood Road, for a Public Stable and Riding Academy.

 

The resolution was unanimously adopted.

 

 

New Business #4 Appointment to the Police Department “Police Clerk Position”

 

12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

RESOLVED, that the Town Board does hereby authorize the provisional appointment of Connie Freeman, to the position of “Police Clerk Position”, a white collar CSEA position, Range 002, Step A, effective 3/06/00, as recommended by the Police Chief.

The resolution was unanimously adopted.

New Business #5 Appointment to the Supervisor’s Office “Computer Support Technician”

 

13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER , TO WIT:

 

RESOLVED, that the Town Board does hereby authorize the appointment of Richard Mrugalski to the civil service position of “Computer Support Technician” on the non-union wage scale, Range 0900, Step C, effective April 1, 2000.

The resolution was unanimously adopted.

 

 

New Business #6 Appointments to the Town Justices’ Office

 

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE , TO WIT:

 

RESOLVED, that the Town Board does hereby authorize the appointments of Elizabeth Dunning and Gloria McFadden to the positions of  “Court Clerks”, on the non-union wage scale, Range 0200, Step E, as recommended by the Town Justices.

The resolution was unanimously adopted .

 

 

New Business #7 Personnel Policy on Internet Use for all Town Employees

 

15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:

 

RESOLVED, that the Town Board does hereby adopt the “Personnel Policy on Internet Use” for all town employee.

The resolution was unanimously adopted.

 

 

New Business #8 Lease Agreement & Easement with the Town of OP and Ruth Kabel

 

16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

 

RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Lease Agreement and Easement between the Town of Orchard Park and Ruth Kabel for access to the Thorn Avenue baseball diamonds.

The resolution was unanimously adopted.

 

 

 

 

 

 

 

New Business #9 Change in Parking Violations Fines

 

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

 

WHEREAS,  the fine for illegal parking in the Town of Orchard Park has not been raised for more than 20 years and is presently in the sum of $10.00,

 

NOW, THEREFORE,  be it

    

RESOLVED, that the Town Board does hereby authorize the increase of regular parking violations after April 1, 2000 from the present fine of $10.00 to $20.00, as recommended by the Chief of Police.

 

The resolution was unanimously adopted.

 

 

New Business #10 Windom Shamrock Preschoolers request the use of Green Lake facilities 5/15/00

 

18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED  BY COUNCILMAN McCARVILLE, TO WIT:

 

RESOLVED, that the Town Board does hereby approve the request of Windom Community Church for the Shamrock Preschoolers to use the facilities at Green Lake/Yates Park on May 15, 2000 from 10:00 A.M. to 1:00 P.M., with a rain date of 5/17/00.

The resolution was unanimously adopted.

 

 

New Business #11 Authorize Sewer & Water Dept to purchase new 2000 ½ ton Pick-Up Truck

 

19) 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 Sewer and Water Department to purchase one new 2000 Model Chevrolet Silverado, ½ ton Pick-up Truck under the New York State bid contract from Action Chevrolet, Inc., 795 Hoosick Road, Troy, New York 12180 at the cost of $14,919.50, as recommended by the Town Engineer.

The resolution was unanimously adopted.

 

New Business #12 Orchard Parks & Gardens, 2924 Southwestern Blvd, building permit request

 

20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY  COUNCILMAN MILLS, TO WIT:

 

RESOLVED, that the Town Board does hereby refer the request from Orchard Parks & Gardens, S2924 Southwestern Blvd., for a building permit to erect a temporary greenhouse to the Planning Board and Conservation Board.

The resolution was unanimously adopted.

 

ELECTED OFFICIALS & DEPARTMENT HEADS

 

Supervisor Cudney stated that the Orchard Park Police Department, in response to complaints from the businesses in the Village regarding the parking situation around the Senior Center, went around and chalked the tires, and gave warnings of public violation, but did not issue tickets.  This action caused quite a concern among the seniors who use the Senior Center, as there are times when they will be at the center for more than the two hour limit for public parking. The Village businesses have a lease agreement with the Village for parking, and part of that agreement stipulates time restrictions on the parking, which were being violated. The Chief of Police is going to have a meeting with the Mayor to look for ways to resolve this situation.  Supervisor Cudney said the Town Board, Village Board and Village businesses should all meet to review the current lease agreements to find ways to alleviate the parking problem for the Senior Center and the businesses. Supervisor Cudney thanked Councilman Mills for helping with this situation, and Councilman Mills agreed that the parking issues in the Village need to be addressed, as the Senior Center parking has already reached a point where it is at full capacity during the hours of operation.

 

Supervisor Cudney explained that at the last Town Board meeting a resolution was passed opposing the increase in tolls on the Thruway and a letter was sent to the New York State Thruway Authority. She also stated the Town Board received a response back from the Executive Director of the New York State Thruway Authority  stating they have already taken action to withdraw the toll increase.

 

Supervisor Cudney then announced that the Orchard Park Town Clerk’s office will be a drop off site for the National Project “ Books for Kids”.

 

Councilman Buyer stated at this time that most recreation fees have not been increased in many years.  Town Recreation Director, Jack Shanahan, has submitted a list of fee increases to the Recreation Commission, who recommended that the fees be increased. The following resolution is a list of the fees and their increases.

 

21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:

 

RESOLVED, that the Town Board hereby authorize the following changes to the Recreation Fees as recommended by the Town Recreation Director and the Recreation Commission:

    

Event

From

To

Day Camp

40.00

50.00

Basketball, Touch Football, Youth Soccer, Swim Instructions & Toddler Swim

  8.00

10.00

Baseball

  8.00

20.00

Synchronized Swim

25.00

35.00

Water Exercise (daytime)

12.00

15.00

Water Exercise (evening)

15.00

20.00

Co-Ed Lap Swim

15.00

20.00

Canoeing

15.00

20.00

Sailing

25.00

35.00

Bike Rodeo

No fee

 

July Fourth Activities, no fee

No fee

 

Adult Golf

  5.00

10.00

Youth Golf

  5.00

10.00

Golf for Fun

  8.00

10.00

Hole in One Golf- sessions will be reduced

No fee

 

Playgrounds,

No fee

 

Senior Games

No fee

 

Adult tennis (daytime)

20.00

25.00

Adult tennis (evening)

  8.00

10.00

Youth tennis

20.00

25.00

 

The resolution was unanimously adopted.

 

 

Councilwoman Ackerman stated that at the last Northeast Southtowns Solid Waste Committee meeting (NEST) she attended, the focus was on letters received by the Erie County Department of Environment & Planning, and the Town of Orchard Park, regarding the approved funding from the State for our Organic Waste Facility. The New York State Department of Environment & Conservation stated that the NEST group needs to complete and submit an approved, “Comprehensive Recycling Analysis” and “Solid Waste Management Plan”. Councilwoman Ackerman stated this procedure was completed and submitted by NEST two years ago, but now the information is being characterized by the NYSDOT as “outdated”. She also stated the NEST organization is going to meet with its legislators and the NYSDEC to review these issues and address the Grant issue affected by this request.  She pointed out that NEST has also agreed that they will need a consultant on board, and they will contribute $20,000 towards this expense. NEST agreed to raise the membership fees for municipalities by $.01 per resident.

 

22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

 

RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #6, following auditing by members of the Town Board and in the funds indicated:

 

General Fund

$148,872.04

Part Town Fund

$1,566.88

Highway Fund

$65,091.83

Special Districts

$152,410.43

Trust & Agency

$1,648.09

 

 

The resolution was unanimously adopted.

 

 

23) 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 receive and file the following Communications: 1) Orchard Park Soccer Club: Recommending adequate soccer facilities to support the youth soccer program

2) State of New York State Board of Real Property Services: Certificate of the Final State Equalization Rate for the 1999 Assessment Roll.

The resolution was unanimously adopted.

 

24) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:

 

RESOLVED, that the Town Board does hereby authorize to receive and file the following Reports as entered on the agenda: 1) Building Inspectors Monthly Report for February 2000 2) Police Departments Monthly Report for February 2000, and added at the Town Board Meeting tonight was the 3) Town Attorney’s Report from the New York State Association of Towns Conference.

 

The resolution was unanimously adopted.

 

BUSINESS FROM THE FLOOR

 

Stu Crosley- 34 Larned Lane: Mr. Crosley discussed the parking issue around the Senior Center and wished to remind the Town Board that there are many Seniors in the Center for more than the two hour parking limit.  He also put in a “plea” for public transportation.

 

Town Engineer commented on Mr. Crosley’s request and stated that when the Town purchased the Senior Center building, it was felt that parking would not be a problem for quite awhile. He also stated it was not anticipated that people would be using the Senior Building for extended periods of time.  He noted the parking issue was going to be addressed when it became a problem, which is now.

 

Councilman Buyer stated that there are two issues to be addressed with the parking. The first being the lots, and the second is the one hour parking on the side streets, which is the Village’s domain.

Councilman McCarville mentioned that we are pretty much at capacity at this site and are outgrowing our Senior Center and should be looking at a larger facility with more parking area.

 

Councilwoman Ackerman added that this issue is being addressed in the Master Plan.

 

Supervisor Cudney stated that the Village has obtained a grant to purchase property for a parking lot for the Senior Center directly across the street from the building. This should help with the parking once the lot is constructed.

 

John Todorof, 4 Lakeridge Drive South:  Stated in 1993, he and his neighbors came to the Town Board to seek relief from the water surcharge tax assessed to the residents in water district 17-2, which when set up had a 20 year bond attached to it. The water surcharge tax is based on the property assessment, and currently Mr. Todorof pays more for the water surcharge tax than he does for Town taxes. The Town Board used funds from the Tax Stabilization Fund to reduce the costs for residents in 17-2. He also stated eight years ago the residents of Lakeridge South were promised that the water districts would be consolidated and this would reduce the cost for the residents within the 17-2 water district. It was anticipated that over the years the principal would be reduced on the bond thereby reducing the Water Surcharge Tax. This has not happened, and this year Mr. Todorof's water surcharge tax went up. He is now looking for restitution for himself and his neighbors as nothing has been done to change this situation.

 

Supervisor Cudney told Mr. Todorof she does feel the situation is unfair, and the Water Study is currently underway. She deferred to Town Engineer Merritt to discuss the study.

 

 

 

Town Engineer Michael Merritt stated he expected a draft of the comprehensive water study report from the Town’s consultant within a month.  He stated this will address the consolidation of districts and how to handle the existing debt connected with the water districts, which is a very complex process, both hydraulically and financially.  This report should then be finalized by the end of the summer.

 

Councilman Mills stated, in reference to the situation of Mr. Todorof, that he was on the Town Board at the time all this took place and the Town Board did some creative accounting with the accounting firm to reduce the Water Surcharge Tax for the Lakeridge South residents. Councilman Mills said he did remember that they did some exchange of funds to help them out. Councilman Mills stated the developer is the one who really did the job there. He noted that the frustration is that once it is set up in the district, it cannot by law change the mathematics.  He also stated it cannot legally be changed, or they would have done so. The water study is now underway and the Town Board will aggressively pursue this issue to balance it out.

 

There being no more business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman Mills, the meeting was adjourned at 10:01 P.M.

 

Respectfully Submitted

 

 



 Janis A. Colarusso

 Town Clerk