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 6h day of September 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 BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, the minutes of the Town Board meeting held on August 2nd, August 16th and the Special Meeting on August 30th, 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.
Public Hearing
At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties, for or against the matter of the proposed Local Law #4-2000 entitled “ Town Right-of-Way Landscaping Ordinance” is hereby requested.
The Town of Orchard Park believes that a healthy urban forest is an integral part of the Town’s infrastructure and is essential for the well-being of all area residents. It is the Town’s responsibility to protect, regulate and establish funding to plant, maintain, and remove trees and shrubs on town-owned lands and within public rights-of way in a responsive, environmentally sensitive, economical, and aesthetically pleasing manner.
This local law regulates the planting, maintenance, protection, and removal of trees and shrubs on Town rights-of-way, parks, and other town-owned property, establishes a Tree Conservancy Council, under the supervision of the Conservation Board, and establishes the office of Town Arborist in the Highway Department. This local law further provides for the issuance of permits for planting, maintenance, protection, and removal of trees and shrubs on town-owned property.
Section I. Definitions - The following terms shall have the meaning provided in this section, unless their content requires otherwise:
AAN – American Association of Nurserymen
AAN standards – Any tree under four inches in caliper is measured six inches from the ground. Any tree four inches and over in caliper is measured twelve inches from the ground.
Caliper – The diameter of a tree trunk in inches.
DBH – The diameter of a tree trunk at breast height, which is a height of five feet, six inches from the finished grade at the base of the tree.
ROW – Right-of-way:
Trees, shrubs – Any plants which have self-supporting, above ground parts which are visible year round.
A. The office of the Town Arborist is hereby established within the Highway Department.
B. The Town Arborist, in consultation with the Conservation Board and the Superintendent of Highways, shall have the authority to implement and enforce the provisions of this chapter.
C. In furtherance of the purposes of this chapter, the Town of Orchard Park, in consultation with the Town Arborist, the Superintendent of Highways, and the Conservation Board, shall have the authority to adopt rules and declarations regarding arborcultural specifications and standards of practice and such rules and regulations as the Town determines are necessary. These regulations shall govern the planting, maintenance, removal, fertilization, pruning, and protection of trees and shrubs on public streets, parks, and other Town property.
Section III. Planting, Maintenance, Removal, and Replacement Regulations
A. No person or agency shall plant, spray, fertilize, prune, remove, replace, or otherwise disturb or impact any tree or shrub on any public street ROW, park, or other town-owned property without first submitting a written request and obtaining written permission from the Town Arborist.
B. Persons or agencies doing required maintenance work on trees or shrubs may be granted permits to cover their work on a yearly basis.
C. It is the responsibility of the Town Arborist to determine if trees or shrubs on town-owned property are hazardous, dead, or should be removed.
D. Requests from private citizens, builders, and developers that new street trees be planted on the ROW fronting the property shall be accommodated commensurate with and in accordance with the planting priorities set by the Town Arborist.
E. Requests for memorial plantings shall be granted in accordance with review, approval, and supervision by the Town Arborist with respect to species and location.
F. Any person constructing a new one or two family dwelling on a single lot will be required to pay a fee set by the Town annually to cover the cost of tree purchase and planting. Construction of a two family home will require the payment of a fee to cover the cost of planting two (2) trees. The fee will be paid in conjunction with the building permit. The variety is to be determined by the Town’s master planting list. If determined by the Town Arborist that the requisite tree is not appropriate for location within the ROW, the fees will be used to plant trees on other Town properties.
G. Whenever a person or agency damages or removes a tree or shrub or obtains written permission to remove a tree or shrub from any town-owned land for the purpose of construction or any other reason, such person or agency may be required to replace the tree or shrub in a location to be determined by and under the supervision of the Town Arborist or have the Town replace the tree or shrub at the expense of the person who obtained permission. Such replacement shall meet the standard of size, species, and placement as provided by the permit issued. All agencies must notify the Town Arborist in writing prior to any work effecting trees and/or shrubs in the ROW.
H. In order to insure and maintain tree and shrub health and quality, whenever any person or agency is required to plant or replace a tree or shrub pursuant to this chapter, such materials shall be guaranteed for a period of two years and shall be replaced at the direction of the Town Arborist at the expense of the person or agency responsible for the original plantings if they die within that two year period.
I. Any trees, shrubs, plants, timbers, and other such materials placed by the property owners in the right-of-way or town-owned land may be removed. Notification will be sent to each property owner, who will have thirty (30) days to comply. If the property owner fails to comply, the Town may remove the above-mentioned materials, dispose of them, and bill the cost to the property owner.
Section IV. Damage Prohibited
A. Unless specifically authorized in writing by the Town Arborist, no person or agency shall intentionally damage, cut, carve, transplant, or remove any tree or shrub on town-owned property, attach a rope, wire, nails, advertising posters or any other contrivance to any tree or shrub, allow gas, liquid, or soil substance which is harmful to any tree or shrub to come in contact with it or set fire or permit fire to burn when fire or heat will injure any portion of tree or shrub. If trees and shrubs in the ROW or on Town owned lands are damaged or destroyed, the cost of their removal and replacement will be charged to the responsible person or agency.
B. Without written permission from the Town Arborist, no person or agency shall undertake any construction or development activity, or move or park vehicles or equipment associated with construction or development which may affect any tree or shrub on town property.
C. Unless the Town Arborist, for good cause, determines otherwise, all trees and shrubs on any town road or other town owned property directly impacted by any construction shall be guarded as follows: 1.) for trees or shrubs with a crown spread of eight feet or fewer, a fence, frame or box not less than four feet high and eight feet square shall surround the tree or shrub; 2.) for trees and shrubs with a crown spread over eight feet, a fence not less than four feet high shall be placed at the drip line of the tree or at a distance prescribed by the Town Arborist. All material, soil, and debris shall be kept outside barriers. No person or agency shall store any materials so as to impede passage of water, air, and fertilizer to tree roots.
Section V. Obstruction of Streets
A. It shall be the duty of any person owning real property with plantings bordering on a town-owned ROW to insure that trees and shrubs on that property are pruned in a manner that they will not obstruct visibility of street lights, obstruct pedestrian traffic or sidewalks, obstruct vision of traffic signs, or obstruct the view of any street intersection.
B. Should any person owning real property bordering on any public street fail to comply as above, the Town Arborist shall order the owner to take corrective action within thirty days after receipt of written notice.
C. When a person to whom an order is directed fails to comply, it shall be lawful for the Town to prune such trees and shrubs, and the cost shall be assessed to the owner.
Section VI. Emergency Work
A. This chapter shall not govern any emergency activity immediately necessary to protect life, safety, or property, or to maintain access to any property. Any such activity shall incorporate reasonable efforts to protect trees and shrubs on Town property from unnecessary damage.
B. Any person or agency engaged in any action covered by Subsection A shall make a reasonable effort to notify the Town Arborist prior to commencing that action and shall, in any event, provide written notice to the Town Arborist of the emergency and the work to be done within three (3) calendar days of commencing that work.
C. Should a dispute arise in the administering of this chapter, an appeal can be requested by petitioning, in writing, the Town Arborist. The Town Arborist will have ten (10) working days to reply in writing. Should this provide an unsatisfactory resolution, a second appeal can be requested by petitioning the Superintendent of Highways. In such event, the Superintendent of Highways shall consult with the Town Arborist. The Superintendent will have ten (10) working days from the filing of the second appeal to reply in writing. Should this also provide an unsatisfactory resolution, a third appeal can be requested by petitioning Town Board. The Town Board will act upon the petition within sixty (60) days from the date of receiving the petition.
Section VII. Historic Trees
Designated historic trees in the ROW, identified by the Town Arborist, will be given the highest degree of protection possible to preserve them for future generations.
Section VIII. Tree Removal - Dead and Diseased - Private Property.
The Town shall have the right to cause the removal of any dead or diseased trees on private property within the Town when such trees constitute a hazard to public life and property, or harbor insects or disease which constitute a potential threat to other trees within the Town on private property. The Town will notify in writing the owners of such trees. Removal shall be done by the owners at their expenses within sixty (60) days after the date of service of notice. In the event of failure to comply with the required removal, the Town is authorized to remove such trees and charge the cost of removal on the property tax notice of the owner.
A complete metes and bounds description of this property is on file in the Town Clerk’s Office for on site inspection during regular business hours. At such time all interested persons will be given an opportunity to be heard.
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 Supervisor Cudney asked Councilwoman Ackerman to give a little background about the Town’s Right-of-Way Landscape Ordinance.
At this Councilwoman Ackerman introduced Lynn Reynolds as the Municipal Arborist. She stated Ms. Reynolds will put a lot of this ordinance into practice as well as the Highway Superintendent, Ron Geitter. She stated a tree conservancy committee was established and they have worked together for over a year to put together a proposal to manage the rights-of-way owned by the Town of Orchard Park. She stated they reviewed ordinances of other towns and extracted what they feel were the best features of the other towns and added some features of their own to make up our own ordinance that will clarify how they will deal with the Town’s Rights-of-Way Landscape Ordinance.
Comments from the floor:
Christopher Sasiadek, 275 Summit Avenue: He wished to know how the Town Arborist will be hired. He stated he was informed the Town Arborist has already been hired.
Jean Miller, 25 Briggs Drive: She stated that their property is one of the properties at the end of a dead end street that will be affected by this ordinance. She stated if this ordinance is enacted, they will be deprived of maintaining their front and side yard unless they get written permission, as these pieces are in a town right-of-way. The gardens and fences that are on this property have been in place for over twenty-five years and could be subject to removal under this proposed ordinance. She requested that some kind of exemption be made for them in this ordinance. The 80 day resolution period is much too long for a resolution of a problem due the nature of our season. She also stated there is nothing in the resolution that stipulates the property owners are to be notified if there are to be additions or removals in the right-of-way. She would like to see this tabled for further discussion.
Councilwoman Ackerman asked Ms. Miller to submit the changes she would like to see in this ordinance to the Town Board, and they will review them.
Lorraine Biryla, 57 Greenmeadow Drive: She stated in the ordinance one of the items states that the property owner is responsible for pruning. She asked the Town Board how does this affect the utility companies that come through and prune the trees to keep them away from the power lines.
Highway Superintendent, Ron Geitter, stated that this ordinance would help control the power companies and the way they trim the trees. He stated the home owner is not responsible for trimming the trees, the Town will be responsible. He also stated this will give the Town control of what is in the Town right-of-way and the power companies will need to get permission from the Town to trim any trees.
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 Local Law #4-2000, “Town Right of Way Landscaping Ordinance” is hereby closed at 8:16 PM (local time).
The resolution was unanimously adopted.
3) 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 the adoption of the Town’s Right-of-Way Landscape Ordinance for further discussion and review.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to table the scheduling of a Public Hearing for the Walter Schmidt Townhouse Development until the next meeting as the Board is not ready to act on this.
The resolution was unanimously adopted.
New Business #1 Proclamation for Chamber of Commerce Week September 17 – 23, 2000
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Orchard Park Chamber of Commerce serves as a catalyst for cooperation and action in this community and the Town of Orchard Park works in unison with the chamber to provide a vital link between the public and private sectors, and
WHEREAS, the chamber provides leadership to essential community-wide projects, programs and events, and plays a vital role in building a vigorous economic future for this community, and
WHEREAS, the chamber of commerce ably serves as one of the leading representatives of the Town of Orchard Park and the Western New York region and matters of interest before state and federal government bodies, and
WHEREAS, the image and reputation of the entire region are enhanced by the economic development and promotional efforts of the chamber of commerce
THEREFORE BE IT RESOLVED, that it is the official position of the Town of Orchard Park to cooperate with and encourage the efforts of the chamber of commerce and its many programs that benefit this area, and that we the Town of Orchard Park join the New York State Legislature, The Business Council, the Chamber Alliance of New York State and scores of individuals counties, cities and towns in declaring the week of September 17-23, Chamber of Commerce Week in the Town of Orchard Park.
The resolution was unanimously adopted.
New Business #2 Recreation Department’s 2000 Fall/Winter Recreation Staff Appointments
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby appoint the following to the Fall/Winter 2000 Town of Orchard Park Recreation Staff and that these appointments are dependent upon the applicants providing the required certifications:
Amanda Lullo 17 0 6314 Armor Road Guard $ 5.60
Tamara Strong 20 0 117 Old Orchard Guard $ 5.60
Christine Dimpfl 19 1 1 Evans Street, Hamburg WSI $ 5.95
Matthew Rozwood 17 0 4944 Richmond Avenue WSI $ 5.75
Before the vote was taken, Supervisor Cudney read a letter from Orchard Park residents, John & Shirley Bowers, praising the Recreation Department’s summer program and personnel.
The resolution was unanimously adopted.
7) 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 approve the following budget transfers:
Assessor’s: $2000.00 From: A.1355.000.427 Star Expenses
To: A1355.000.137 Star Clerical Personnel
Planning Board: $ 500.00 From: B.8020.000.400 Office Supplies
To: B.8020.000.405 Planning Office Supplies
and be it further
RESOLVED, that the Town Board does hereby approve the following Budget Amendment:
WHEREAS, the Town’s Various Senior Citizens Center activity programs have generated revenues from activity fees which were in excess of that included in the Town’s 2000 adopted budget, and
WHEREAS, the Town wishes to allow additional activities to occur for the benefit and well being of the Town’s senior citizens, and
WHEREAS, the funding for these additional activities has already been raised through activity fees charged for such programs
RESOLVED, that the Town Board hereby authorizes the amending of the 2000 adopted budget to authorize additional appropriations of $8,000 in account A.7610.410 “Activity Center Operating Expenses” and to estimate additional revenues of $8,000 in account A.2036.000 “Senior Activity Fees”.
The resolution was unanimously adopted.
Supervisor Cudney said the Orchard Park Town, Village and School Master Plan Initiative, which is generically called the Orchard Park Plan, along with Wendell Consulting Team are holding two meetings on September 26th and 28th at 6:30 PM in the Middle School to update members of the community on the information they have gathered to date. They will also be asking for additional input from the community as to where they want to see Orchard Park go in the future.
Supervisor Cudney also announced that the New York State Department of Transportation has scheduled a meeting on October 5th, downstairs in Municipal Building to set up displays of the final design for the Rt. 240/277 project from 4:00 to 7:00 PM. There will be people there to answer any questions.
Supervisor Cudney stated that she attended a Disaster Planning Session last week, along with representatives of the Orchard Park Fire Company and Town government. The purpose was to aid the Town and the Fire Department in their disaster preparedness planning. A final Disaster Plan will be developed by the end of the Year. Supervisor Cudney thanked Kurt Buranich, William Hanrahan, Nancy Janish and the Police Department for their help in conducting this seminar.
Supervisor Cudney stated she attended a meeting held by the Erie County of Department of Health regarding the West Nile virus. She stated the County will be monitoring the situation and preparing for it as well as keeping the public informed. She also said the West Nile virus is not a high risk health hazard, the chance of getting it at this time is one in a million.
Councilman Mills made the comment to say now that the West Nile virus is in this area, the town should move ahead with the drainage projects. This will eliminate sites where there could be standing water.
Councilman Mills read an open letter to the Town Board from Donna Shine, payroll clerk, in which she stated that she followed proper procedure for an insurance ad that was inserted into the town payroll check envelops.
Councilman Mills stated he toured the Steuben Food plant in Elma with the Southtowns Sewer Treatment Agency to clarify what is being done at the plant in regards to the sewer trunk line that affects Milestrip Road. The manager of the plant lives in Orchard Park and is aware of the problems with the trunk line on Milestrip Road. Councilman Mills stated what goes into the sewer lines is essentially water used to wash out the machines, which still has enough bacteria in it to cause odors. If a mistake is made in production, it is possible for the overflow product to end up in the sewer lines.
Councilwoman Ackerman introduced her newest intern, Lisa Dredzik, who is a senior this year and is interested in government.
Councilman McCarville thanked the Town Board for applying for a grant in the amount of $25,500.00 to develop the Duerr Road property into a walkway, driveway and extra parking for the Thorn Avenue Little League field. This will help to alleviate traffic problems on Thorn Avenue and expand the parking area for the Little League.
8) 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 Supervisor to sign the Erie County STOP-DWI Program Agreement and Grant Application for 2000, at no cost to the Town
The Resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #17 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$137,201.53 |
|
Part Town Fund |
$7,322.02 |
|
Risk Retention |
$10,000.00 |
|
Highway Fund |
$54,998.15 |
|
Special Districts |
$69,611.16 |
|
Trust & Agency |
$14,268.81 |
|
Capital Fund |
$62,978.02 |
The resolution was unanimously adopted.
Bill Jackson, 366 Baker Road: Mr. Jackson is in favor of the Walter Schmidt townhouses. He stated he would like to be able to live in a townhouse in Orchard Park and there are very few around.
Chris Sasiadek, 275 Summit Avenue: Feels the Town Board is inconsistent in its attitude regarding trees. The town wants new trees planted but allow other people to cut down trees indiscriminately.
Roy Sasiadek, 275 Summit Avenue: He invited everyone to take a ride down Summit Avenue to see what has been done by Diversified Controls, and what the residents of Summit Avenue have to look at. He also wanted to know if the Town was going to replace the trees removed during the reconstruction of Summit Avenue and about the road sign that was to be put in. Mr. Sasiadek said he would like to see changes made in the ordinances.
Ed Schiller, TVGA Engineer for the Walter Schmidt Project: He wanted to know why the Walter Schmidt Townhouse project was tabled tonight. Mr. Schiller was told by the Town Board they have not received the final findings from the consulting engineer.
There being no further business before the Town Board, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:58 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk