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 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
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 MILLS, TO WIT:
RESOLVED, the minutes of the Town Board Meetings held on April 4, 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.
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for public comment on the Draft Environmental Impact Statement (DEIS) for Benderson Construction of a Tops Market at Kmart Plaza on Southwestern Blvd., east of Route 240-277, in the Town of Orchard Park, and Special Exception Use for Automotive Service Station/Gas Pumps at the Kmart Plaza: Benderson Construction of Tops Market, Southwestern Blvd., east of Route 240-277.
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.
At this time the Supervisor called on the Town Attorney to explain the combined procedure for the two Public Hearings that are listed on the agenda, since they are directly related.
Attorney Ralph Lorigo, representing Benderson Development, gave a diagram presentation for the Town Board and the audience. Mr. Lorigo explained that the proposal is to add approximately 158,000 square feet of retail space and approximately 12 acres to the existing Kmart Plaza, including the four ancillary gas pumps and kiosk. Mr. Lorigo stated that under the DEIS, the petitioner has submitted a consultant’s traffic study and Benderson Development has agreed to supply two traffic signals, one on Southwestern Blvd. and the other on Orchard Park Road. Mr. Lorigo stated that Benderson Development has addressed all the issues raised on noise, pollution, traffic, the Airport and various other matters, which have been requested by the Planning Board and the Town Board members.
Supervisor Cudney asked Mr. Lorigo about the issue of the noise study based on a 100 foot buffer of trees. She feels that there is an inconsistency in the site plan and the DEIS statement and asked that this be addressed in the final findings.
Mr. Lorigo noted the environmental and safety features of the gas pumps and had a list of these for the Town Board members.
Councilwoman Ackerman asked Mr. Lorigo if parking issues were resolved between Taffy’s Hot Dog Stand and Benderson Development. Mr. Lorigo stated that they are still working on a solution.
Questions and Comments from the floor:
Nicholas Taneff, 3165 Southwestern Blvd: He had questions pertaining to the run off in front of the property and leakage of pumps into the front ditches. The Town Engineer explained that Benderson Development submitted a plan to the Engineering Department which they are in the process of reviewing at this time. Benderson’s plan is to contain all the drainage generated from the site and discharge it in two locations, the first being an existing drainage pipe which runs under Orchard Park Road between Taffy’s and Blockbuster, and a second being a detention basin on Orchard Park Road at the south end of their site. The Town Engineer explained that none of the run off will affect Mr. Taneff’s property or the New York State ditches.
John Marlow, 47 Brookins Green Drive: He stated he has reviewed the DEIS and has submitted comments to the Planning Board Coordinator, Sarah deJardins. Mr. Barlow had the following concerns and question: 1) truck traffic, 2) Tops hours of operations, 3) traffic signal operations from 10:00 PM to 7:00 AM, 4) control of timing sequence of traffic signals, 5) air pollution, 6) additional traffic lanes needed, and 7) additional parking. Councilman Buyer told Mr. Barlow that the Planning Coordinator gave the Town Board copies of his letter and asked Mr. Lorigo to address these questions in the FEIS.
Richard Eliah, 3261 Orchard Park Road: Mr. Eliah is the owner of Taffy’s and stated that he has major issues concerning the traffic and questioned if the timing of the new traffic signal will be coordinated with the signal at the intersection at Southwestern Blvd. Councilman Buyer asked the Town Engineer if the Town has any involvement with the operation of the signals. The Town Engineer stated that the timing is controlled by New York State Department of Transportation and that these two proposed lights will be timed with the Southwestern Blvd. intersection.
Art Giacalone, 140 Knox Road, East Aurora: He stated he had recent dealings with both Tops and Benderson in the Village of East Aurora and wanted to let our residents and the Town Board know of promises made in their DEIS and the struggles to realize compliance with conditions and with the mitigation measures attached to the rezoning to allow Benderson to build a Tops Market and expand a plaza on Grey Street. Mr. Giacalone stated the conditions that were not met initially were noise related truck and refrigeration matters at the loading docks, following specific truck routes, added lighting in the plaza, an outdoor public address system and many other issues.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that these Public Hearings in the matter of a Draft Environmental Impact Statement (DEIS) and a Special Exception Use for Automotive Service Station/Gas Pumps at the Kmart Plaza, Benderson Construction of Tops Market, Southwestern Blvd., east of Route 240-277, is hereby closed at 7:38 PM, (local time).
Supervisor Cudney stated that additional comments may be taken after the Public Hearing until April 28, 2001. Sometime after that, the Town Board will make their decision.
The resolution was unanimously adopted.
Old Business #1 Route 20 Ice Cream, 2783 Southwestern Blvd: Requesting a Building Permit
3) 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 request for a Building Permit for Route 20 Ice Cream, 2783 Southwestern Blvd, to construct a 14 foot wide canopy and relocate an existing driveway 16 feet to the west. The Planning Board, 4/11/01, recommends approval of this request and of the site plan with the following stipulations:
§ This is an Unlisted SEQR Action based on the submitted Short EAF, and a Negative Declaration is made.
§ Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 90% green space, in the amount of $350.00 or a certified check in the amount of $175.00 must be presented to the Town Clerk before a Building Permit is issued.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan, which includes two 70 watt metal halight fixtures and small down lights in the canopy area.
§ No outside storage or display is permitted.
§ No dumpster is on the site.
§ The picnic tables on the site will remain as located at this time and the number of tables will remain at 4 with seating for 16 people, no additional seating is allowed unless plans are resubmitted to the Planning Board.
§ If the petitioner has a problem with obtaining the lighting fixtures proposed, they must submit, to the Planning Board, the new light fixture catalog cut for review.
The resolution was unanimously adopted.
Old Business #2 Target Store: Requesting Building Permit for temporary outside display structure
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request for a Building Permit for the Target Store, 5622 Amanda Lane, to erect a temporary outside display structure that will operate from 4/19/2001 through 6/25/2001. The Planning Board, 4/11/01, recommends approval of this request and of the site plan with the following stipulations:
§ This is an Unlisted SEQR Action based on the submitted Short EAF, and a Negative Declaration is made.
§ There will be no additional outside lighting for the display or temporary structure.
§ There will be no banners or additional signage for this facility.
Councilman Buyer stated that this is the same request that Target submits every year for this structure.
The resolution was unanimously adopted.
Old Business #3 Orchard Park & Garden: Requesting a Building Permit for temporary display
5) 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 request for a Building Permit for the Orchard Park & Garden, S2924 Southwestern Blvd., to erect a temporary outside display structure that will operate from 5/1/2001 through 8/31/2001. The Planning Board, 4/11/01, recommends approval of this request and of the site plan with the following stipulations:
§ This is a Type 2 SEQR Action based on the site plan review.
§ There will be no additional outside lighting for the display or temporary structure.
§ There will no banners or additional signage for this facility.
The resolution was unanimously adopted.
Old Business #4 Joe DeMarco, 2799 Southwestern Blvd: Requesting to rezone from R-3 to B-2
6) 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 seek Lead Agency on the request of Joe DeMarco, 2799 Southwestern Blvd., to rezone from R-3 to B-2, to construct three 12,000 square foot commercial buildings. The Planning Board, 4/11/01, recommends that the Town Board seek Lead Agency Status and initiate coordinated SEQR review with the recommendation that the following conditions and concerns be addressed:
§ The petitioner research the adjacent properties on Southwestern Blvd. as to how much of the each parcel is zoned B-2 and R-3 and how much of the R-3 zone is being used for business purposes.
§ The impact on the adjacent residential area if this entire parcel is zoned B-2.
§ The review should determine if homes could be built to the rear of this parcel and other parcels along Southwestern Blvd. be consistent with R-3 Zoning.
§ The petitioner review the possibility of a variance for the proposed use.
§ The petitioner research the possibility of rezoning only a portion of the R-3 Zoned property.
§ That the petitioner does not violate the Town ordinance.
The resolution was unanimously adopted.
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 request for a Building Permit for Boston Valley Terra, 6860 South Abbott Road, to construct a 26,400 square foot building addition, a 2,100 square foot passageway and a new stone parking lot. The Planning Board, 2/14/01, recommends approval of this request and of the site plan approval with the following stipulations:
· This is an Unlisted SEQR action based on the submitted Long EAF, Parts One and Two and a Negative Declaration is made.
· A three year Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscaped Plan which includes 86% green space, in the amount of $39,200.00 or a certified check in the amount of $19,600.00 must be presented to the Town Clerk before a Building Permit is issued.
· The site lighting will be reviewed and approved by Mr. McGuire and Mr. Bernard before a Building Permit is issued.
· No outside storage or display is permitted.
· Engineering Approval was granted on 2/14/2001.
· A signed easement from Niagara Mohawk Power Corporation shall be provided before Town Board approval, regarding the proposed drainage piping and ditch work, driveway installation and walkway installation across their property.
· The proper agreements shall be set up with the Town Board regarding the water main extension and hydrant installation along the right-of-way.
· A letter from the Orchard Park Fire Commissioners stating that they have reviewed the plans for the addition and have no outstanding fire safety concerns regarding the property shall be submitted as required by the ZBA’s variance approval.
· The lights in the rear parking area will go off at midnight.
Councilman Buyer stated that as an additional stipulation, since a letter from the Orchard Park Fire Commissioners stating that they have reviewed the plans for the addition and have no outstanding fire safety concerns regarding the property shall be submitted as required by the ZBA’s variance approval, has not yet been complied with due to a communication error, but should be forthcoming, that rather than delay for another two weeks until the next Town Board meeting, to allow approval in anticipation of the letter and if it isn’t received, then the Building Permit will not be issued.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request from the Disabled American Veterans of New York, Chapter 135 to sell their Annual “Forget-Me-Not” Flowers at various locations in the Community, May 9 through May 13, 2001.
The resolution was unanimously adopted.
New Business #2 St. John’s Christian Preschool requesting to use Green Lake for Annual Picnic
9) 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 request from St. John’s Christian Preschool to use Green Lake/Yates Park for their Annual Picnic, May 23, 2001, from 9:30 AM to 3:30 PM.
The resolution was unanimously adopted.
New Business #3 OP School District requesting to use Voting Machines for the Annual District Vote
10) 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 authorize the request from the Orchard Park School District to use ten (10) voting machines for their Annual District Meeting & Vote, Tuesday, May 15, 2001, and to be returned in the same condition to the Town and to be responsible for any damages should they occur.
The resolution was unanimously adopted.
New Business #4 Appointment of GIS Analyst Position
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 provisionally appoint Shane L. Dettman, 40 Sherry Drive, Depew, NY 14043, to the GIS Analyst Position for the Town of Orchard Park, as a non-union, non-exempt Group 4, Range 1050, Step A, at a starting wage of $43,700, effective Monday, April 16, 2001.
Councilman Buyer stated that the Town Board is very impressed with Shane Dettman. The Town is very fortunate to have this highly qualified and enthusiastic new employee for the new position and he is willing to relocate as required. Councilman Mills thanked Councilman Buyer for his perseverance in filling this position.
The resolution was unanimously adopted.
New Business #5 Application to the NYSDEC Mined Land Reclamation Permit for Gravel Permit
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Town Engineer to sign the Application to the New York State Department of Environmental Conservation for the transfer of NYS Mining Permit No. 9-02721 for the former Warning Gravel Permit on Milestrip Road from Olivieri Development, Inc. to the Town of Orchard Park.
At this time the Town Engineer explained that in 1999, the Town purchased the Warning property on Milestrip Road to establish a yard waste composting facility. When the Town purchased the property, there was an existing mine land reclamation permit issued by the DEC to Olivieri and Sons Developers for mining gravel. These operations ceased when the Town bought the property and restoration was done, but there was one pit that the Town did not want restored so that the gravel could be used to level the site for the composting center. The New York State DEC is insistent that the Town obtain this permit which is a transfer from the existing mining permit from the former operator of the gravel pit to the Town.
Supervisor Cudney asked if there were any fees involved on the part of the Town, which the Town Engineer stated there are not.
The resolution was unanimously adopted.
New Business #6 Application to NYSDEC/360 Permit/to operate Solid Waste Management Facility
13) 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 authorize the Town Engineer to sign an Application to the New York State Department of Environmental Conservation (DEC) for Part 360 Permit to operate a solid waste management facility at the former Warning Gravel Pit on Milestrip Road.
Supervisor Cudney wanted to clarify that this is a permit for yard waste composting only.
The Town Engineer stated that this will be moving an operation from the California Road site, which has reached capacity, to the Milestrip Road site. But, in order to do this the Town has to go through the permit process which is quite sophisticated. The Town Engineer also stated that when the Town purchased the property, the Town met with the surrounding neighbors of the proposed site and told them about the plans and asked for their input and concerns. Another public information session is planned for May 23, 2001, at the Orchard Park Municipal Center at 7:00 PM, to which the neighbors will be invited and the Town will have more information from the DEC with detailed plans and environmental reports for the public to review.
The resolution was unanimously adopted.
New Business #7 The Spring/Summer 2001 Staff Appointments for the Recreation Department
14) 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 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
Jessica Tedeschi 6212 Taylor Road A $ 5.75
Beth Chelus 140 Hobby Lane S $ 7.75
Ryan Munson 53 Rolling Hills S $ 7.00
Brendan Munson 53 Rolling Hills A $ 5.75
Amy Weiser 5480 Big Tree Road A $ 5.75
Katie Koszka 40 Scattertree A $ 5.75
Ricky Vance 57 Green Lake L $ 6.15
Jessica Hageman 75 Curley Drive A $ 5.75
Kelly McCabe 340 Independence A $ 5.95
Jamie Keats 133 Lincoln Avenue S $ 10.35
Flo Kirkner 16 Bender Drive S $ 10.35
Michael Rumschik 6132 Ward Road A $ 5.95
Brian Michalek 17 Royalcrest A $ 5.95
The resolution was unanimously adopted.
New Business #8, 9 & 10 Refer to the Planning Board & Conservation Board
15) 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 refer to the Planning Board & Conservation Board the following requests: 1) Verizon, 321 Sunset Terrace, Zoned B-3/Industrial, requesting a Building Permit to construct a 1,200 square foot expansion on the existing office to accommodate additional telephone switching equipment, 2) Sterling Office Building located on the West Side of Sterling Drive approximately 500 feet North of Milestrip Road, requesting a Building Permit to construct a (new) 15,000 square foot Office Building, and 3) Tan Luong, 5490 Lake Avenue, requesting approval to reconstruct a non-conforming building damaged by fire.
The resolution was unanimously adopted.
New Business #11 Refer to the Conservation Board
16) 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 refer to the Conservation Board the following requests: Frank & Rose Newton, 6463 Bunting Road, requesting a Conservation Easement Permit for approximately 117.5 acres of land.
The resolution was unanimously adopted.
Elected Officials & Department Heads
Supervisor Cudney stated that the judgement in the claim of Walter Schmidt vs. the Town of Orchard Park has been received The Town Attorney reported that Walter Schmidt sued the Town regarding the SEQR analysis which determined a stop light had to be constructed at Rte. 20A (Big Tree Road) and California Road, since there would be a substantial traffic impact. The court upheld the ruling of the Town Board, and the Town Attorney feels this may deter other projects until such time a signal is installed.
Supervisor Cudney stated that the Town received a notice from Erie County regarding a road reconstruction project which will include Berg Road under C.H.I.P.S., and a special preliminary meeting on April 26, 2001, will be held at 95 Franklin Street, Buffalo, New York. She also stated that she has been in contact with the Erie County Department of Public Works and Legislator McCarville about County roads that the Town feels are in poor condition.
Supervisor Cudney stated that she received notification from Great Lakes United that there will be a special session on Sunday, April 22, 2001, at Buffalo State College from 1:00 PM to 1:45 PM on the topic of government involvement in protecting the water in the Great Lakes from export and diversion proposals.
Councilman Mills spoke on the following items: the demolition of the historic landmark Orchard Park Downs will begin on Thursday, April 19, 2001; he wants to make sure that Taffy’s Hot Dog Stand will not be compromised with the proposed Benderson project; spoke with Brett James from Diversified Controls and stated that he will meet with the residents of Summit Avenue for a tour of the facility and their input; stated that on April 30, 2001 at 7:00 PM there is scheduled meeting at the Library on the Campus Area and he encouraged the residents to attend.
Councilwoman Ackerman stated on Sunday, April 29, 2001, from 2:00 PM to 4:00 PM, there will be a dedication in honor of our former Town Historian, of The John Printy Room with a portrait in his memory, at the Jolls Homestead. She also stated that she has been working with Howard Frohnapple and other members of the American Legion and VFW to establish a memorial in remembrance of our WWII veterans and includes all veterans of war. Councilwoman Ackerman also gave a brief history of the Orchard Park Downs Building.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that this Town Board does hereby authorize the Supervisor to sign a Contract with Troy and Banks to review the Town’s Cable Franchise Agreement, as recommended by Councilman Jemiolo.
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, many who benefit the most from Cable TV service are the disabled, shut-ins and senior citizens, many of which are on fixed incomes, and
WHEREAS, the recent rate increase cancels any benefits from senior citizen discounts while adding an additional financial burden to be borne by the people who need the service most, and
WHEREAS, Adelphia Cable is the sole provider of cable service in Orchard Park
RESOLVED, that the Town Board of Orchard Park requests that Adelphia Cable:
§ Expand the senior discount program to include all recipients of Social Security, Disability Income.
§ Raise the eligible income levels to allow more senior citizens and disabled customers to participate.
§ Raise the percentage discount given to senior citizens and the disabled.
RESOLVED, that a certified copy of this resolution be sent to Adelphia Cable Co., Senator Charles Schumer, Senator Hillary Rodham Clinton and Representative Jack Quinn.
Councilman Mills stated that years ago when Jones transferred over to Adelphia Cable, he voted against it because they would not give a base rate for cable and feels local governments should have more input.
Councilman Jemiolo stated that added action should be taken when it is time for renegotiating a new contract, such as contacting neighboring Towns about their policies and how they received discounts, contact the Federal Communications Commission to see what options there are, and add that language to protect our seniors and disabled residents.
Councilman Buyer stated Cable regulations are controlled by the State and local governments have little power.
The resolution was unanimously adopted.
Supervisor Cudney stated that there is a meeting on Wednesday, April 25, 2001at 7:00 PM at the Orchard Park Middle School on a joint planning initiative of the Master Plan and community participation is essential.
19) 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 approval of a Stable Permit for the year 2001, for Sandybrook Farm and Stable, 6265 Powers Road.
The resolution was unanimously adopted.
20) 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 Supervisor to sign the Water Supply Agreement between the Town of Orchard Park Water District # 17 and the Town of Boston Water District # 3, as recommended by the Town Attorney.
The resolution was unanimously adopted.
The Highway Superintendent stated that the Supervisor and her husband Jim have initiated Earth Day Cleanup in the Town, which the Supervisor expounded on. The Highway Superintendent stated that there will be top grade mulch available at the Highway Garage on Friday and Saturday.
The Town Engineer stated that he has been in contact with the Erie County Highway Superintendent and the Town should be notified soon of the scheduled plans for road work.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #8 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$44,776.02 |
|
Part Town Fund |
819.34 |
|
Risk Retention |
4,500.00 |
|
Highway Fund |
9,273.17 |
|
Special Districts |
83,393.51 |
|
Trust & Agency |
200.00 |
|
Capital Fund |
10,028.53 |
The resolution was unanimously adopted.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Communication as entered on the agenda: Town of Boston has scheduled a Public Hearing, April 18, 2001 at 7:00 PM for a Special Permit for Co-Location on an existing Telecommunications Tower at 6405 Ward Road.
The resolution was unanimously adopted.
23) 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: 1) Chief of Police’s Monthly Report for March 2001, and 2) Building Inspector’s Monthly Report & Building Permits for March 2001.
The resolution was unanimously adopted.
John Marlow, 47 Brookins Green Drive: He asked question about the water pressure in regard to the agreement with the Town of Boston. The Town Engineer explained this initial connection that was approved tonight will have minimal effect on the Town of Orchard Park’s water system.
Nicholas Taneff, 279 Summit Avenue: He thanked the Town Board for the work on the Summit Avenue issue. Mr. Taneff asked the Highway Superintendent about the responsibility of Southwestern Blvd. maintenance, to which he replied New York State since it is a State Highway. Supervisor Cudney stated that if it is in a safe area she would see if it could be cleaned up by the Earth Day Volunteers.
Arthur Giacalone, 140 Knox Road, East Aurora: He stated he has been retained by Frank and Mary Albert to oppose the request for a zoning area variance to allow a Telecommunication Tower on North Freeman. Mr. Giacalone spoke as a friend and explained that the Town of Orchard Park doesn’t have a telecommunications facilities regulation, leaving officials and the community powerless. Mr. Giacalone gave the Town Board and the Town Attorney packets with information compiled from other Towns. Mr. Giacalone stated that the issues of concern are those that impact safety, visual aspect, noise from air conditioning from the utility building and property values.
The Town Attorney stated that the Town has an ordinance that precludes towers completely, but offered that a regulation could again be considered.
Supervisor Cudney asked Mr. Giacalone if in his experience, Towns with written regulations actually have less towers. Mr. Giacalone stated that telecommunication carriers have to find land far enough away from residents with setbacks and fall down zones. Mr. Giacalone stated that the purpose of the regulation is not to keep out the towers, but rather to direct them to locations to provide protection and safety for communities. Supervisor Cudney asked Mr. Giacalone if telecommunication carriers can be restricted to industrial zones and not residential zones. Mr. Giacalone stated that his understanding is that they cannot, but with regulation the Town can direct them to locations that will be the least adverse to their residents.
Councilman Mills stated he felt that this telecommunication carrier was remiss and that this was an unfair burden for our residents.
John Brennan, 135 Middlebury: He has previously submitted questions to the Town Board regarding the proposed Nature Trail. Councilman Buyer informed Mr. Brennan that on May 9, 2001, at 5:30 PM in the Supervisor’s Conference Room, a work session meeting has been scheduled between the Town Board and the Recreation Commission to address the nature trail issues. Supervisor Cudney stated that she has proposed to the NY State Office of Parks and Historic Preservation and this Town Board to establish a commission or task force to evaluate the trail issue. Mr. Brennan stated that he commends the efforts and foresight of those public servants that set aside the land, but would like to have the area remain undisturbed.
Ann Kelly, 4582 California Road: She talked about truck traffic weight and speed problems on California Road. Councilman Buyer reiterated that the speeding is hazardous. Supervisor Cudney stated that the Town can get the speed trailer over on California Road. Councilman Mills suggested contacting the NFTA as to why the Metro Buses are travelling this route. The Highway Superintendent stated that traffic studies on Murphy and California Roads are being done in reference to the proposed school and these concerns have been relayed to the School Board.
There being no further business from the floor, on motion by Councilman Buyer, seconded by Supervisor Cudney, the meeting was adjourned at 9:06 PM.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk