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 18th day of October 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 COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, the minutes of the Town Board meeting held on the 20th day of September, of the year 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.
At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of the Preliminary Ad Valorem Budget of the Town of Orchard Park for the Fiscal Year beginning January 1, 2001.
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.
At this time the Supervisor Cudney called upon Wayne Drescher of Deloitte & Touche, the Town’s accounting firm, to give a brief overview of the proposed Ad Valorem Budget.
Supervisor Cudney had a prepared budget message, which highlights some of the areas included in the budget. Copies of the preliminary budgets, and the message from the Supervisor were available.
Comments from the floor:
Douglas J. McFarland, 120 Park Place: Thanked the Town Board for the contribution of funds to the McFarland Green Park in the 2001 budget.
At this time Wayne Drescher discussed the Tax Stabilization Fund, which is a separate reserve fund that the town has in place to use when there are tax increases.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Preliminary Ad Valorem Budget is hereby closed at 8:19 P.M. (local time).
At 8:00 P.M. (local time), the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of the Preliminary Benefit Basis Special Districts Budget of the Town of Orchard Park for the fiscal year beginning January 1, 2001.
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 called upon Wayne Drescher of Deloitte & Touche, the Town’s accounting firm, to give a brief overview of the Benefit Basis Special Districts Budget.
Comments from the floor: No one spoke.
3) 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 Preliminary Benefit Basis Special Districts Budget is hereby closed at 8:24 P.M. (local time).
The resolution was unanimously adopted.
The Town Board still has questions regarding the Preliminary Ad Valorem Budget, and wished to discuss them further before passing this budget, but they felt comfortable with the Preliminary Benefit Basis Special Districts Budget.
4) 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 adopt the Town of Orchard Park 2001 Benefit Basis Special Districts Budget (which includes various special district funds) as previously filed by the Town Supervisor and known as the “Tentative” 2000 Benefit Basis Budget.
The resolution was unanimously adopted.
At 8:00 P.M. (local time), the Supervisor called for the Public Hearing to hear all interested parties for or against the rezoning vacant land, east of California road, south of Big Tree Road from R-3 to R-3 Special Exception Use, to construct a 51-unit townhouse development consisting of eleven buildings, as petitioned by Walter Schmidt, Jr.
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.
At this time the petitioner, Mr. Walter Schmidt, 13356 Clinton Street, Alden New York, introduced himself to the Town Board and the audience. He gave a brief description of his career in building and his plans for this project on California Road which began in 1997.
At this time Mr. Gary Palumbo (TVGA Engineering Firm) who is representing Mr. Schmidt, described the proposed site to the Town Board.
Comments from the floor in favor: The following residents and supporters stated the following reasons why this project would be good for Orchard Park: Townhouse complexes are an asset to a community and the values have consistently appreciated; demand for this type of housing has considerably increased; residents that are downsizing want to stay in their home town; the home owners association manages the upkeep and green space; notably more quiet with less traffic than subdivisions.
Judy Black, 185 Highland, Hamburg, Dan Postek, Town of Hamburg, Curtis Neureuter, 8757 Carriage Crossing, Eden, William & Elaine Jackson, 3666 Baker Road, William Griep, 6037 Quaker Hollow Road, Dennis O’Grady, 6025 Quaker Hollow, William Dodd, 4461 California Road
At this time Frank Parlato, the Attorney for Mr. Schmidt, stated that there have been unnecessary delays in review of the submitted Environmental Impact Statement and now the application of this project will coincide with the same Town Board meeting as the Public Hearing for Amendments to Zoning Ordinance on November 1, 2000. Mr. Parlato asked the Town Board to make their decision on the project as soon as possible after this hearing.
Comments from the floor opposed: The following residents stated the following reasons against the proposed project: Traffic, safety, parking, drainage concerns, green space and wildlife, changing the characteristics of the neighborhood and the possibility of more developments in the future.
Ann and Robert Kelly, 4582 California Road, Nicholas Taneff, 279 Summit Avenue, Dawn Walker, 4621 California Road, Larry Adamchick, 4716 Duerr Road, Judy Pacholec, 4481 California Road, Richard Bodhorn, 4493 California Road, Margaret Connelly, 4567 California Road, Marley Smith, 4611 California Road, Matt Nagowski, 140 Independence Drive, Bob Frantsits, 4270 California Road, Andrew Trank, 4650 Duerr Road, John Kessler, 4121 California Road and Sean Higgins, 4740 Duerr Road.
The following names were submitted in opposition by petition to the Town Clerk: Millie Lohiser, 4760 Duerr Road; Joseph Jensen, Sr., 4676 Duerr Road; Kittle Family, Bussendorfer Road; Barbara Rykowski, 17 Kings Court; Mark Kaczmarek, 4654 Duerr Road; Dorothy Chrosniak, 4660 Duerr Road; Amy & Daniel Wojcik, 4476 California Road; Beatrice & Milo Hudson, 4682 Duerr Road; Louise Cruver, 4680 Duerr Road; Patricia & Michael Hayes, 4647 California Road; Raymond Gallagher, 4550 California Road; Bruce Kennedy, 4484 California Road; Paula Keiffer, 550 California Road; John Bennington, 4662 Duerr Road; Lisa Hackett, 4662 Duerr Road; Deborah Wirtner, 4701 Duerr Road; Laurie LaMacchia, 4896 Bussendorfer Road; Karen Laris, 4890 Bussendorfer Road; Karen & John Fitzgerald, 4879 Bussendorfer Road; Sandra & Robert Stoddart, 4765 Duerr Road; Debbie & David Furgala, 4915 Bussendorfer Road; Donna Pickhardt, 4730 Duerr Road; Sandie Lohiser & John Trodden, 4715 Duerr Road; Cindy & Doug Barry, 4725 Duerr Road; Lynette & Lawrence Thomas, 4735 Duerr Road; Arthur Munson, 4862 Bussendorfer Road; Debra Rott, 4850 Bussendorfer Road; Marie Nixon, 6012 Armor Road; Jeraldine Cobado,4849 California Road; Linda Suplicki, 5560 Big Tree Road; Rita Felong, 5710 Armor Duells Road; Davidovichs Family, 4412 California Road; Ruth & Derek Watts, 22 Kings Court; Roger Fantas, 4934 Duerr Road; Suzanne & John Printy, 5800 Armor Duells Road; Barbara & William Organisciak, 22 Queens Place; Dianne & John Cook, 4424 California Road.
Councilman Buyer informed the audience that the Town Board has been actively involved in the process of obtaining a traffic signal at the corners of Route 20A (Big Tree Road), and California Road, which is the jurisdiction of the NYSDOT and only the state has the authority to put a light up, not the Town Board.
Supervisor Cudney stated, for clarification, that the Town Board is required to have a Special Public Hearing for the Special Exception Use request and are reviewing the SEQR and the final Environmental Impact Statement for this project and will have their decision no later than November 3, 2000.
5) 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 Special Exception Use for vacant land, east of California Road, south of Big Tree Road from R-3 to R-3 Special Exception Use, to construct a 51-unit townhouse development consisting of eleven buildings, as petitioned by Walter Schmidt, Jr., is hereby closed at 9:28 P.M. (local time).
The resolution was unanimously adopted.
Old Business #1 – Project Applications for the 2001-2002 CDBG Funds
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the timetable established by the Erie County Community Development Consortium requires the Town to submit project applications by November 6, 2000 in order to be considered for funding in the 2001-2002 program year, and
WHEREAS, after discussing this topic at the Town Board’s October 11, 2000 work session, a consensus was reached on which projects would be submitted this year
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the application for $80,000 in 2001-2002 CDBG Funds for the Windom Avenue Reconstruction Project as the Town’s first priority, and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the application for $40,000 in 2001-2002 CDBG Funds for the Senior Center Roof Replacement and Building Repair Project as the Town’s second priority, and request the Village of Orchard Park to cosign the application, and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to co-sign, along with eleven other towns and seven villages in southern Erie County, the application $90,000 in 2001-2002 CDBG Funds for the Rural Transit Service Program, as recommended by the Town Engineer.
Supervisor Cudney stated that the residents of Summit Avenue suggested the Town inquire about obtaining funds from the CDBG for projects with a buffer zone. The Town Engineer stated he spoke to the Grantors and Erie County and explained that there are certain criteria for these projects and that the Summit Avenue project would not be eligible since the Town does not own that land.
The resolution was unanimously adopted.
New Business #1 – Advertise for consultants to conduct the Town-wide Drainage Study
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Engineering Department is in the process of preparing a detailed scope of work for the proposed Town-wide Comprehensive Drainage Study, and
WHEREAS, the intent of this study is to prepare a document by which the Town Board can make informed decisions in adopting policies, regulations and ordinances pertaining to storm water management and the results of the study will be used to establish a systematic program for financing and implementing construction and maintenance projects to correct drainage problems throughout the Town as well as provide strict and enforceable regulations to govern future land development projects, and
WHEREAS, there is presently $35,000 plus interest allocated in the Capital Reserve for this project and it may be necessary to appropriate some additional funds in the future to adequately complete the study
RESOLVED, that the Town Board does hereby authorize the Town Engineer to advertise in the Southtowns Citizen and the Buffalo News for the Request for Proposals of the Town-wide Comprehensive Drainage Study.
The resolution was unanimously adopted.
New Business #2 – Proclamation declaring October 22-27, 2000 as School Board Recognition Week
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, School Board Recognition Week is an annual event celebrated in school districts throughout the Empire State, and
WHEREAS, the men and women serving as members of school boards are dedicated to children, learning and community; they devote many hours of service to public education and continually strive for improvement, quality and progress in education; and
WHEREAS, the members of New York’s local school boards are community leaders who provide an invaluable resource as local decision makers; they respond to the respective needs of their communities, serving the interests of schoolchildren and preparing them for the future; and
WHEREAS, during the week of October 23-27, 2000, special activities and programs will be held throughout the Empire State in conjunction with this observance; its is fitting to support this annual celebration in recognition of the contributions of members of local school boards;
NOW, THEREFORE, I, George F. Pataki, Governor of the State of New York, do hereby recognize October 23-27, 2000 as SCHOOL BOARD RECOGNITION WEEK in the Empire State.
The resolution was unanimously adopted.
New Business #3 & 4 Refer to Planning Board and Conservation Board.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby refer the following requests to the Planning Board and the Conservation Board: 1) Joseph & Diane DeMarco, 2799 Southwestern Boulevard requesting a Change in Use for property located at 2799 Southwestern Boulevard from residential to residential and commercial. 2) Benderson Development Company, vacant land on the southeast corner of Southwestern Blvd. and Orchard Park Road requesting to rezone from B-2 to B-2 Special Exception Use for the construction of free standing gas pumps in front of the future planned retail plaza.
The resolution was unanimously adopted.
Supervisor Cudney announced that on Sunday, October 15, 2000, Assistant Building Inspector, Weldon Bragg, passed away. On behalf of the Town Board and the community, the Supervisor extended sincere sympathy to his family. Supervisor Cudney recognized Robert Stasio, part-time Fire Inspector, and the Southtowns Citizen for their fire prevention article in the issue of the October 7, 2000.
Councilman McCarville introduced the government student interns from the Orchard Park High School: Matt Nagowski, David Newberry, & Jeff Borganziak
The Building Inspector also thanked Bob Stasio and the Southtowns Citizen for the piece on fire prevention week plus the businesses and individuals that funded it at no cost to the Town.
10) 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 Chief of Police Samuel McCune to attend the International Association of Chiefs of Police in San Diego, California from November 10-15, 2000, at Town expense.
The resolution was unanimously adopted.
11) 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 Detective Lieutenant Robert E. Ziehm to attend the Advisory Board for the New York State Police Information Network in Albany, New York from November 2 –3, 2000, at Town expense.
The resolution was unanimously adopted.
Police Chief McCune stated that he has been notified from New York State Traffic Safety Division that the Town will receive a $5,000 grant for “Buckle Up New York” for the year 2000-01.
12) 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 Highway Superintendent to advertise for bids for two pick-up trucks, one three quarter ton pick-up with a snow plow and a one ton two wheel drive with a dump body, to be opened at 10:00 AM on November 8, 2000 in the Supervisor’s Conference Room, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, 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 #20 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 50,313.00 |
|
Part Town Fund |
$300.38 |
|
Highway Fund |
$ 3,433.87 |
|
Special Districts |
$147,931.53 |
|
Trust & Agency |
$ 2,151.49 |
|
Capital Fund |
$177,385.89 |
The resolution was unanimously adopted.
14) 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: 1) Petition from the residents of Ponderosa Court to remedy the runoff of rain water and the flooding of property on Ponderosa Court.
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize to receive and file the following Reports as entered on the agenda: 1) Chief of Police’s Monthly Report for September, 2000, and 2) Building Inspector’s Monthly Report & Building Permits for September, 2000.
The resolution was unanimously adopted.
Jane Bartlett, 22 Knob Hill Rd. – She represented the Recreation Commission and applauded the Town’s recognition of the need for expanded Recreation facilities and programs in the 2001 budget. Ms. Bartlett informed the public on new programs being organized by volunteers in the community-soccer, basketball, football, little league and lacrosse.
Nicholas Taneff, 279 Summit Avenue – He questioned the rumor regarding the possibility of an access road on the land owned by Joseph DeMarco, which Councilman Mills said to be false. Mr. Taneff asked the Highway Superintendent about the replacement trees that are supposed to be planted on Summit Ave. and Superintendent Geitter informed Mr. Taneff that the trees are ordered and will be planted with a few weeks. Mr. Taneff asked about the berm between Summit Avenue and Diversified Controls. The Town Board agreed that the Conservation Board should now be involved with the final selections and recommendations for the landscaping berm.
Roy Sasiadek, 275 Summit Avenue – He stated that the northwest end of the Town seems to be the place for unwanted projects and hopes for changes in the future.
Donald Frederickson, 5006 Big Tree Road – He thanked the Town Engineer for his immediate help with a drainage problem.
Bob Frantsits, 4270 California Road – He questioned why the Town hasn’t obtained a traffic signal at the intersection of Big Tree Road and California Road. Supervisor Cudney explained that the NYSDOT conducts a traffic study and decides if the location warrants a traffic signal. Councilman Buyer stated that with the rating given on the traffic study, there should be a traffic signal and cannot offer any reasonable explanation why the State hasn’t given its approval.
There being no further business before the Town Board, on motion by Councilman McCarville, seconded by Councilwoman Ackerman, the meeting was adjourned at 9:55 PM in the memory of Weldon Bragg, Assistant Building Inspector who passed away on October 15, 2000 and in honor of the seventeen Sailors of the USS Cole who were killed by a terrorist attack.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk