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 4th day of April 2001 at 7:00 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
Stanley A. Jemiolo Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Dave Holland Asst. Building Inspector
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
ABSENT: Joseph M. Campion Building Inspector
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the minutes of the Town Board Meetings held on March 7th, 21st and the Special Meeting of the Town Board, held on March 28th, 2001 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.
The Town Board scheduled two (2) Public Hearings for Conservation Easements for this evening. Town Attorney Berkowitz stated that it would be appropriate to hold these two Public Hearing together as the two parcels are adjacent and owned by the same interested parties. The following are the two (2) hearings:
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of the Conservation Easement on property located at the end of Melant Drive and to authorize the Town Assessor to determine the valuation of the property taking into account the limitation on the future use of the land imposed by such Conservation Easement consisting of approximately 76.8 + acres, zoned residential. The owner of the property is Margaret Balbach who lives at 7811 East Quaker Road, Orchard Park New York 14127, and
The Public Hearing to hear all interested parties for or against the adoption of the Conservation Easement on property located on Transit Road just south of Colony Drive and to authorize the Town Assessor to determine the valuation of the property taking into account the limitation on the future use of the land imposed by such Conservation Easement consisting of approximately 25.97 + acres, zoned residential. The owner of the property is Addison Ventures, PO Box 423, Orchard Park New York 14127.
Affidavits and Publication of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
PROPONENTS:
§ James Loesch, Chairman of the Conservation Board: He read a prepared statement in support of the easements, a program that started in the early Nineties.
§ Melody Distler: Representative of the Open Space and Farmland Protection Task Force
§ Tim Costello, 185 Curley Drive: He asked if a conservation easement impacts any of the adjacent lands? The Town Attorney stated it is an easement that will provide, for a period of time, that the parties would be precluded from development of the land that is incorporated in the easement. It does not impact any adjacent land.
§ Tom Morrow, 4233 Freeman Road: As a former member of the Planning Board he feels that this concept makes a great deal of sense and is very appropriate.
§ Paul Janulewicz, 7687 East Quaker Street: He stated his land is adjacent to this property and he is in favor of it.
OPPONENTS: None
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 Conservation Easements on property located at the end of Melant Drive, and property located on Transit Road south of Colony Drive, are hereby closed at 7:15 PM.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve and accept the application for the Conservation Easement on 76.8 + acres of land, zoned residential, located at the end of Melant Drive, owned by Margaret Balbach, 7811 East Quaker Road, Orchard Park for a ten (10) year period upon signing by the Petitioner, as recommended by the Conservation Board, and be it further
RESOLVED, that the Town Board is hereby authorized to approve and accept the application for the Conservation Easement on 25.97 + acres of land, zoned residential, located on Transit Road south of Colony Drive, owned by Addison Ventures, PO Box 423, Orchard Park for a ten (10) year period upon signing by the Petitioner, as recommended by the Conservation Board, and be it further
RESOLVED, both properties will have a real property tax exemption, based on a reduction in assessment of 25% of the land only, in said Conservation Easement.
Supervisor Cudney thanked the Open Space and Farmland Protection Task Force for pursuing these two conservation easements and hopes that they will continue to look for other parcels that may wish to use this tool to further the conservation and protection of open land.
The resolution was unanimously adopted.
Old Business #1 Award the Brush Pickup Contract for the Highway Department
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby award the Brush Pickup Contract for the Highway Department to Quality Seal, PO Box 25, Orchard Park New York 14127, in the amount of $78,360.00 per year for a three year period, as recommended by the Highway Superintendent and the Town Attorney.
Town Attorney Berkowitz noted that Quality Seal was the fourth lowest bidder, but was the only qualified bidder who was able to perform the duties required.
The resolution was unanimously adopted.
Old Business #2 Adopt Final Written Scope for the proposed Bierworth-Reidman Homes, DEIS
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, Pursuant to Section 617.8 (f) of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law and the Town of Orchard Park as Lead Agency
RESOLVED, the Final Written Scope for Bierworth-Reidman Homes Proposed Rezoning B-2 and R-3 to R-3 Special Exception Use reads as follows:
617.8 (f) (1) Description of proposed action:
Rezoning of 42.6 acres of vacant land on the east side of Orchard Park Road, approximately 600 feet south of Southwestern Boulevard, Town of Orchard Park for the purpose of constructing a +/- 296 unit apartment complex.
617.8 (f) (2) Potentially significant adverse impacts and identification of the particular aspects of the environmental setting that may be impacted:
1. Impact of the proposed project on historic and archaeological resources as maybe required by the New York State Department of Environmental Conservation.
2. Impact of the proposed project on aesthetic resources.
§ What would the buildings look like?
§ How much of the project would be visible from Orchard Park Road?
3. Impact of the proposed project on transportation and traffic safety.
§ Traffic Impact Study to be framed in the context of the cumulative impact of the proposed project and the retail center currently being proposed for the adjacent property on the existing traffic system in the area.
§ Discussion regarding the provision and location of the second access point to the proposed project, with and without the development of the adjacent retail center project, as well as the limiting of this second access point to be used for emergency purposes only.
§ Impact of traffic associated with the proposed project, as well as the proposed retail center on the Milestrip Road/Orchard Park Road intersection.
§ Impact of delivery vehicles utilizing the Orchard Park Road access, which would serve both the apartment complex residents and the retail center customers, on the apartment residents.
§ Impact of the proposed project on NYSDOT’s planned Orchard Park Road improvements.
4. Impact of the proposed project on the growth, character and safety of the community.
§ Based on information from existing Bierworth-Reidman projects, what impact would this project have on the Town of Orchard Park’s emergency community services?
§ Based on information from existing Bierworth-Reidman projects, how would the typical resident be described?
5. Impact of the proposed project on the Orchard Park Central School District.
§ What would the school taxes generated from this project be, and would they offset the community’s costs associated with educating additional children?
§ What is the anticipated number of children from the proposed project who would attend Orchard Park Schools?
§ Of the children anticipated, what percentage would be elementary school age, and which Orchard Park elementary school would they attend?
6. Impact of the proposed project on the existing water pressure and water supply in the surrounding area.
7. Impact of the proposed project on existing wetlands and floodplains on the site.
8. Impact of the proposed project on open space and future recreational opportunities.
§ Would there be recreational opportunities for the apartment complex residents on site?
§ Would the proposed Conservation Easement provide for public access?
9. Impact of the proposed project on zoning.
§ What percentage of existing town-wide B-2 zoning would be lost if this project were approved?
617.8 (f) (3) Extent and quality of information needed for the prepare to adequately address each impact:
That information necessary to respond to the above questions.
617.8 (f) (4) Initial identification of mitigation measures:
No mitigation measures are initially identified.
617.8 (f) (5) Reasonable alternatives to be considered:
No reasonable alternatives are apparent. Petitioner should identify any reasonable alternatives.
617.8 (f) (6) Identification of the data that should be included in an appendix rather than in the body of the draft EIS:
Any studies, maps or reports necessary to support the documentation in the draft EIS text.
617.8 (f) (7) Prominent issues that were raised during scoping and determined to be not relevant or not environmentally significant or that have been adequately addresses in a prior environmental review:
None.
The resolution was unanimously adopted.
New Business #1 Town Clerk to attend the 2001 NYS Town Clerk’s Association Seminar
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 the Town Clerk to attend the New York State Annual Town Clerk’s Association Seminar, to be held in Buffalo New York, April 22nd - 25th, 2001, at town expense.
The resolution was unanimously adopted.
New Business #2 Collective Bargaining Agreement for the OP Police Benevolent Association
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 authorize the Supervisor to sign the Collective Bargaining Agreement between the Town of Orchard Park and the Orchard Park Police Benevolent Association, the terms of the Agreement are retroactive to January 1, 2001, and the contract is effective until December 31, 2003.
The Supervisor noted that this is the first time a three year agreement, as opposed to a two year agreement, was negotiated, and it is the second time in a row that the Town negotiated with the Police Benevolent Association for the Collective Bargaining Agreement without having to go to binding arbitration.
The resolution was unanimously adopted.
8) 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 authorize the Windom Community Church Shamrock Preschool to use Green Lake/Yates Park for their picnic on Monday, May 14, 2001, with a rain date of Wednesday, May 16, 2001.
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Windom Community Church Nursery School to use Green Lake/Yates Park for their field trip on Monday, June 4, 2001, with a rain date of Wednesday, June 6, 2001.
The resolution was unanimously adopted.
New Business #5 The 4th Annual Thomas R. Gardner Memorial Scholarship Fun Run/Walk
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request to hold the 4th Annual Thomas R. Gardner Memorial Scholarship Fun Run/Walk for Tuesday, July 3, 2001 at 7:00 PM, with the race starting and finishing at the Orchard Park Recreation Department at Green Lake/Yates Park.
The resolution was unanimously adopted.
New Business #6 The Spring/Summer 2001 Staff Appointments for the Recreation Department
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following appointments, dependent upon the applicant providing the required certification, to the Staff of the Town of Orchard Park Recreation Department for the 2001 Spring/Summer Year, as recommended by the Recreation Director.
Name Address Pos Wage
Valerie Gehring 51 Lakewood A $ 5.75
Ted Gura 125 South Lane A $ 5.75
John Lindstrom 6235 Scherff Road A $ 5.95
David Holtz 6887 East Webster A $ 5.75
Chris Holtz 6887 East Webster S $ 8.35
Tom Wellington 6711 Jewett Holmwood S $ 7.00
Julie Burakowski 4088 Baker Road L $ 7.75
Peter Burakowski 4088 Baker Road L $ 5.95
Christa Zaccaria 24 Kingswood Drive A $ 5.75
Brian Michalek 17 Royalcrest Drive A $ 5.75
The resolution was unanimously adopted.
New Business #7 OP Garden Club requesting to use the Municipal Center for Flower Show
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 Orchard Park Garden Club to use the Municipal Center for their Annual Flower Show, Saturday, July 28 and Sunday, July 29, 2001.
The resolution was unanimously adopted.
Elected Officials & Department Heads
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, in 1985, an additional one cent was added to the sales tax to help the county grapple with a $75 million dollar deficit, and
WHEREAS, since that time, the County has benefited from a $211 million dollar pay out in a tabacco settlement, and
WHEREAS, revenue from the additional sales tax has grown from $70 million dollars in the late 1980’s to $114 million dollars as projected for the year 2001, and
WHEREAS, as a result of the $211 million dollar windfall tobacco settlement and a $44 million dollar increase in sales tax revenues, the County will have record surpluses and is no longer in need of the entire sales tax proceeds for its fiscal stability, and
WHEREAS, the Town of Orchard Park is faced with the rising costs in government and the increases of fixed costs, and
WHEREAS, a proportionate share of the excess revenue from the County of Erie would obviate the need to increase taxes in the Town of Orchard Park, while maintaining current services
RESOLVED, that this Town Board requests that the County of Erie, the Erie County Legislature, and the County Executive Joel Giambra, share the $114 million dollars of additional sales tax revenues with the Town of Orchard Park, and be it further
RESOLVED, that a certified copy of this resolution be forwarded to each Erie County Legislators and Erie County Executive Joel Giambra.
Supervisor Cudney said that she is invited to a regional meeting of other Town Supervisors and Village Mayors to come up with a concrete proposal to the county as how to allocate the additional one percent sales tax revenue from the County.
The resolution was unanimously adopted.
Supervisor Cudney announced a change in the April 21, 2001 Earth Day Activities. The meeting site has been changed to the Recreation Building in Yates Park at 9:00 AM instead of at the Municipal Building at 10:00 AM. Following the clean up, there will be a hot dog roast and the Highway Department has made mulch available for residents of Orchard Park located at the Highway Garage.
Councilman Mills stated that the Southtowns Sewer Treatment Agency has issued their Facilities Report on the Sewage Treatment plant which states that an addition to Southtowns Sewer Treatment Plant will be necessary to handle the growth in this area over the next twenty years. This addition should take place in the next five years and the cost will be in the range of $22 million dollars.
Councilman Mills also noted that the County of Erie and the Southtowns Sewer Treatment Agency sponsored a resolution for Steuben Foods to obtain a grant through the Environmental Facilities Corporation Clean Water Program to help with the pretreatment of the waste water before it gets into the sewer lines. Councilman Mills talked about a revote on the Eagle Heights Nature Trails with the Town Board. Councilman Buyer is going to meet with the Recreation Commission in the first part of May, therefore Councilman Mills is going to prefile a resolution with the Town Clerk regarding the nature trails for the May 16th meeting.
Councilman Buyer said he is going to meet with the Recreation Commission on May 9th and one of the issues to be discussed is the concept of nature trails. The concerns will be regarding trails as a larger issue, as well as the specific trail for Eagle Heights. The concept of nature trails dates back a number of years and has been recommended by the Recreation Commission. He stated wherever the trails are put; some part of them will be in somebody’s backyard. He also stated this concept needs to be addressed by the Recreation Commission in the larger sense, and a decision should not be made for the whole community based on one specific trail. Once the Recreation Commission has reviewed the whole picture, they then will address Councilman Mills’ resolution. Councilman Buyer stated that nothing would happen in the near future. Supervisor Cudney said she agreed with Councilman Buyer that the Eagle Heights Nature Trail has brought to light a lot of issues that need to be addressed. It is appropriate to step back and evaluate these issues before any decision is made.
Councilwoman Ackerman stated she will keep an open mind on the Nature Trail project and that she agrees with Councilman Buyer. The citizens will be informed and involved in all decisions made. Councilwoman Ackerman mentioned that today was her 30th Anniversary of moving to Orchard Park and she has never regretted moving to this community.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, Dennis Johnson, Weather Tight Contracting, is developing the property at 4238 South Taylor Road, and
WHEREAS, they need to use a portion of the Town’s land located at 4248 South Taylor Road for drainage
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to execute an Easement on 4248 South Taylor Road for Dennis Johnson to use for drainage, as recommended by the Town Attorney.
The resolution was unanimously adopted.
15) 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 Chief of Police to attend a Traffic Safety Conference April 17th & 18th in Albany, New York, at Town Expense.
The resolution was unanimously adopted.
Highway Superintendent Ron Geitter wanted the residents of Orchard Park to know that mulch will be available at the Highway Garage on April 20th & 21st for Earth Day. The residents are allowed about 4 yards. The Highway Department will help everyone load their trucks. After that the mulch will be marketed at $5.00 a yard for the residents, and will be available by appointment.
16) 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 approval of all entries on Warrant #7 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$60,588.61 |
|
Part Town Fund |
$724.70 |
|
Risk Retention |
$390.16 |
|
Highway Fund |
$18,219.19 |
|
Special Districts |
$88,247.25 |
|
Trust & Agency |
$3,639.09 |
|
Capital Fund |
$72,155.45 |
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Communications as entered on the agenda: 1) Town of West Seneca has scheduled a Public Hearing on the 9th day of April 2001, to hear all interested persons for the rezoning and special permit for 1600 Southwestern Blvd. 2) The Greater Buffalo Niagara Regional Transportation Council (GBNRTC), the Metropolitan Planning Organization for Erie and Niagara Counties, will be conducting public meetings to seek comments on its proposed Transportation Improvement Program (TIP). The TIP consists of federally funded roadway and transit projects and other major transportation improvements being considered within the region for the five-year period through September 2006. Meeting dates are as follows: Monday, April 9, 2001 at 6:00 PM – Earl Brydges Public Library Auditorium; Tuesday, April 10, 2001 at 5:00 PM – Buffalo & Erie County Public Library Auditorium; Wednesday, April 11, 2001 at 7:00 PM – Harlem Road Community Center Auditorium, 3) Erie Industrial Development Agency will conduct a Public Hearing, May 4, 2001 at 9:00 AM at the Orchard Park Municipal Center, for Boston Valley Pottery, Inc., 6860 South Abbott Road, for the construction of a 26,000 +/- square foot building and related site improvements and the acquisition and installation of machinery and equipment.
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Report as entered on the agenda: Supervisor Toni Cudney’s summary report for the 2001 Association of Towns Training School & Annual Meeting.
The resolution was unanimously adopted.
James Joynt, 3975 California Road: He has a water problem that was generated by a new structure that was built next to his house and he would like some help from the Town to correct it.
The following people spoke against the Eagle Heights Nature Trails:
Carolyn Cappola, 127 Middlebury
Mary Beth Schreck, 62 Knob Hill
Susan Spurgeon, 101 Tanglewood Drive
Steve Dina, 9 Swallow Lane
Audrey Kulikowski, 101 Knob Hill
June Brennen, 135 Middlebury
John Kanicki, 37 Middlebury
Ann Lopus, 8 Knob Hill Road
Marion Ashburn, 6326 Benning Road: land given in lieu of recreation fees is usually unbuildable land.
The following people spoke in favor of the Eagle Heights Nature Trails:
Dick Gernold, 6 Pine Terrace
Mike Whitney, 7 Timberlake Drive
Kevin Klass, 33 Timberlake Drive
Chris Sasiadek, 275 Summit Avenue
Frank Newton, 6463 Newton Road: member of the Conservation Board that established the concept of developers giving land for Town recreation purposes.
John Barlow, 43 Brookins Green: if the land cannot be used for trails, it should be put back on the tax rolls.
Lorraine Biryla, 57 Greenmeadow: She stated when the Town does subdivisions, the Town either takes land or fees from the developer for recreation purposes. When the Town takes fees, they go into a general recreational fund that benefits the entire Town. If the Town takes land, the land should benefit the entire Town, not just the people who live in the area where there is recreation land. If this is not the case, the Town should just take fees for recreation, and forget the green space.
Supervisor Cudney stated at the work session prior to this meeting that she proposed to the Town Board that a task force, or commission, be established within the Town Government that will gather people from all areas of the Town, including Eagle Heights to look at the bigger picture of nature trails in the Town. There are many issues to be addressed. Supervisor Cudney is going to write the NYS Department of Parks and Historic Preservation asking if the Town may put everything on hold until the Town has a commission review the nature trails and come back with recommendations.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:50 PM.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk