A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 15th day of August 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
Kathleen A. Swarbrick Deputy Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Michael R. Merritt Town Engineer
ABSENT: Janis A. Colarusso Town Clerk
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
At 7:00 PM the Supervisor called for the Public Hearing to hear all interested parties for or against the rezoning of property located at 2 Cynthia Circle, from R-3 to R-3 Special Exception Use to conduct a home occupation (hairdresser) as petitioned by Kathryn Zawodzinski.
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 such time all interested persons were given an opportunity to be heard.
Comments from the floor:
Kathryn Zawodzinski - 2 Cynthia Circle: She stated she would like to operate a hairdressing shop out of her house two days a week, Monday and Thursday.
Jim Otwell - 45 Falconcrest: He is in favor of this rezoning.
1) 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 rezoning property located at 2 Cynthia Circle from R-3 to R-3 Special Exception Use is hereby closed at 7:09 PM, (local time).
The resolution was unanimously adopted.
Supervisor Cudney said the Town Board would take action on this matter at a later date.
Old Business # 1 Amendments to the Town Code of Ordinance § 144-A(1)(a) & 144-29 A.(6)(a)
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, this Town Board is the only involved agency pursuant to the State Environmental Quality Review Act and accordingly, this Town Board is the Lead Agency, and
WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an Amendment to the Town Code of Ordinance of the Town of Orchard Park, was conducted at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park New York on the 18th day of July, 2001, at which time all interested persons where given an opportunity to be heard, and
WHEREAS, no recommendation from the Erie County Department of Planning pursuant to Section 239-m of the General Municipal Law was received and files with the Town Board, and
WHEREAS, the Town Board did declare a Negative SEQR Declaration
NOW THEREFORE, be it
RESOLVED AND ORDAINED, that the Town Code of Ordinance of the Town of Orchard Park is hereby amended as follows:
§144-29 A. (1)(a) is hereby Repealed.
The following language is substituted:
§144-29 A. (1)(a) Each off-street parking space shall be 10 feet by 18 feet, exclusive of access drives and aisles.
§144-29 A. (6)(a) is hereby amended as follows:
Not less than ten percent (10%) of the interior of a parking area including access drives or aisles designed for forty-one (41) or more parking spaces shall be devoted to the required landscape area and shall meet the requirements of §144-44 C(1). The parking area interior landscape area shall be considered as part of the §144-44 C(1) minimum landscaped open requirements. In the event that an existing parking area containing more than forty (40) parking spaces is altered or an existing parking area is added to the same site so that the number of parking spaces on the site exceeds forty (40), the Planning Board, in consultation with the Conservation Board, shall determine the extent to which the requirements of this section shall apply to such existing and additional parking areas.
This ordinance shall take effect ten (10) days after publication and posting in accordance with law, and be it further
RESOLVED, that the Town Clerk publish and post a copy of said amendment in accordance with Section 264 and 265 of Town Law.
The resolution was unanimously adopted.
Old Business #2 Stadium Mobil, 3856 Southwestern Blvd. request for a Building Permit
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Stadium Mobil, 3856 Southwestern Blvd., for a Building Permit, and site plan, to construct a 740 square foot addition to an existing building as recommended by the Planning Board, 8/8/01, with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Short EAF, and a Negative declaration is made.
§ A Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 32% green space.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan.
§ No outside storage or display is permitted.
§ Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144—25 of the Town Code.
The resolution was unanimously adopted.
Old Business #3 Joseph Ippolito, vacant land, northeast of the existing Parkland Professional Park
The Town Engineer has not given approval to the site plan of Joseph Ippolito for vacant land northeast of the existing Parkland Professional Park on Southwestern Blvd.
The Town Engineer stated there are drainage issues that could alter the current site plan. He also stated the petitioner and his architect have not presented a plan that is acceptable as yet.
Therefore, the Town Board is going to table this until the drainage issues are resolved and the Town Engineer gives his approval for the project.
Old Business #4 Grant Applications – Yates Park – Construction of Handicap Accessible Trail
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, the Town Board does hereby authorize the Supervisor to submit an application to the New York State Office of Parks, Recreation and Historic Preservation, Parks Development Program requesting $98,221 to support, in part, the construction of a multi-use, handicapped-accessible, continuous loop trail in Yates Park. The proposed pathway will connect existing park walkways and planned paths and sidewalks outside the park. The proposed project will include a ten-car, asphalt parking area and the installation of benches, handicapped-accessible drinking fountains, trash receptacles and signs along the proposed trail with a bicycle rack near the trailhead, and be it further
RESOLVED, that the Town of Orchard Park will contribute $146,790 in cash and in-kind goods and services to the Yates Park development project.
Councilwoman Ackerman stated that the $146,790 has already been appropriated in in-kind goods services that have taken place at the site.
The resolution was unanimously adopted.
Old Business #4 Grant Applications – Compost Site/Construction and Development
5) 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 Supervisor to submit an application to the New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, Bureau of Waste Reduction and Recycling, Municipal Waste Reduction and Recycling Program requesting $927,850 to support, in part, the development of the Town’s compost site, and be it further
RESOLVED, that the Town of Orchard Park will contribute $927,850 in cash and in-kind goods and services to the compost site development project.
Councilwoman Ackerman stated the Towns does already meet the matching in-kind goods and services for this project.
The resolution was unanimously adopted.
Old Business #4 Grant Applications –Compost Site/Purchase of Equipment
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to submit an application to the New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, Bureau of Waste Reduction and Recycling, Municipal Waste Reduction and Recycling Program requesting $349,931 to support, in part, the purchase of recycling equipment and to partially reimburse the Town for equipment that will purchased for use at the Town’s planned yard waste reclamation center, and be it further
RESOLVED, that the Town of Orchard Park will contribute $349,932 in matching funds to the proposed recycling equipment reimbursement project.
The resolution was unanimously adopted.
Old Business #4 Grant Applications – Birdsong Park Project
7) 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 Supervisor to submit an application to the New York State Office of Parks, Recreation and Historic Preservation, Parks Development Program requesting $61,250 to support, in part, the development of Birdsong Park in the Birdsong Estates Subdivision in the southwestern quadrant of the town to include the following: the construction of an activities building/environmental center and shelters; the paving of an 8 foot wide, ½ mile exercise path, and the purchase and installation of park benches and signage, and be it further
RESOLVED, that the Town of Orchard Park will contribute $61,250 in cash and in-kind goods and services to the Birdsong Park development project.
Councilwoman Ackerman said that the Town has already spent money and in-kind goods and services performed on this project.
The resolution was unanimously adopted.
Old Business #5 & 6 Refer to Public Safety Committee
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does refer the following to the Public Safety Committee:
§ Jim Ball Pontiac, 3475 Southwestern Blvd., request for approval of a curb cut on the south side of Hart Place, east of Southwestern Blvd.
§ Delia Car Company, 3518 Southwestern Blvd., request to rezone from I-1 to B-2 Special Exception Use to construct a car dealership.
The resolution was unanimously adopted.
New Business #1 Renewal Sanitary Sewer Agreement between OP Dist. #18 & WS Dist. 14
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Agreement between Sewer District No. 14, Town of West Seneca (“West Seneca District 14”) and Sewer District No. 18, Town of Orchard Park (“Orchard Park District 18”) expired by its terms on December 31, 2000; and
WHEREAS, such Agreement is subject to renewal at the option of Orchard Park District 18 on the same terms and conditions for a period of five years,
NOW, THEREFORE, be it
RESOLVED, that the above referenced contract is renewed for a period of five years commencing on December 31, 2000 and terminating on December 31, 2005.
The resolution was unanimously adopted.
New Business #2 Approve PIP #2001-04 for Windy Hills Subdivision, Part 2, Phase 1
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town has received an application for a Public Improvement Permit to construct Phase 1 of the Windy Hills Farms II Subdivision from Herman J. Sapio, 5834 Cole Road, Orchard Park, New York, and
WHEREAS, Phase 1, will include 1450 L.F. of new roadway and public utilities to serve 12 residential sublots, and
WHEREAS, the project also includes the construction of an access road to the stormwater detention basin and this access road, which will be beneficial to the Town, will be on the Town owned property that the Cole Road water tank is located on, and
WHEREAS, the plans and specifications for the proposed project have been reviewed by the Town Engineer and have been found to be in compliance with current Town specifications, and the Town is in receipt of all necessary fees, bonds, and insurances
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Public Improvement Permit #2001-04 for Windy Hill Farms II Subdivision, Phase I, and hereby grants permission to the developer to perform the necessary work on the Town property, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Retain services of Consultant Inspection services for PIP #2001-04
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has received a proposal from R & D Engineering Inc., to prove inspection services for the Town of Orchard Park during the construction of the public improvements in Windy Hills Farms II, Phase 1, and
WHEREAS, the proposal calls for the consultant to provide on-site inspection when required at a billing rate of $44.00 per hour that includes overhead, expenses and profit, and
WHEREAS, the developer has paid inspection fees in the amount of $15,250.00 that should be sufficient to cover the cost of consultant services
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with R & D Engineering Inc., 258 Main Street, Suite 600, Buffalo, New York, 14202 for construction inspection services on PIP #2001-04 for the construction of Windy Hills Farms II, Phase 1, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #4 Authorize Town Assessor to attend annual meeting on Assessment Administration
12) 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 Assessor to attend the Annual Meeting and Seminar on Assessment Administration which will be held at Kerhonkson, New York on September 29th through October 3, 2001, at Town expense.
The resolution was unanimously adopted.
New Business #5 Approve Out-of –District Water Customer, 6113 Ward Rd., Town of Boston
13) 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 approve the request of Ronald and Keri Ann Amici, 6113 Ward Road, Town of Boston, New York to become an Out-of-District water customer to Orchard Park Water District No. 17, as recommended by the Town Attorney.
The resolution was unanimously adopted.
New Business # 6 Authorize Police Chief to advertise for bids for Police Uniform Parts
14) 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 Chief of Police to advertise for bids for Police Uniform Parts, to be opened on August 30, 2001, at 10:00 AM, in the Supervisors Conference Room.
The resolution was unanimously adopted.
New Business # 7 Set Public Hearing for Amendment to the Town Code Of Ordinance
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing in the matter of a proposed amendment to the Town Code of the Town of Orchard Park for the 19th day of September 2001 at 7:00 PM in the matter of clarification of the roles for Alternate Members of the Planning Board and Zoning Board of Appeals
The resolution was unanimously adopted.
New Business # 8 Authorize OP Jaycees to hold the Annual Quaker Arts Festival
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Jaycees to hold their Annual Quaker Arts Festival on September 14, 15 & 16, 2001, and be it further
RESOLVED, that the Town will support the Jaycees by supplying the Quaker Arts Festival with a dumpster, trash cans, picnic tables and erecting snow fencing in order to section off the exhibit area.
The resolution was unanimously adopted.
New Business # 9 Refer request of Michael O’Donnell, 3663 Abbott Rd. to Building Inspector
17) 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 refer the request of Michael R. O’Donnell, 3663 Abbott Road, to the Building Inspector.
The resolution was unanimously adopted.
18) 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 following Budget Transfers as recommended by the Building Inspector:
$ 200.00 From: B.3620.000.412 Mileage
To: B.3620.000.202 Safety Inspectors Equipment
$ 422.00 From: B.3620.000.413 Travel & Conference
To: B.3620.000.202 Safety Inspectors Equipment
$ 300.00 From: B.3620.000.419 Training
To: B3620.000.202 Safety Inspectors Equipment
The resolution was unanimously adopted.
Supervisor Cudney wanted to announce to the business people in the audience that the Town Board has referred the proposed Buffer Zone Amendments (Public Hearing July 18, 20014) back to the Zoning Commission for further review and additional recommendations or changes. The Town Board is going to refer the comments from the business community back to the Zoning Commission as well. This is also going to be referred to the Economic Development Committee to see what impact this amendment may have on the businesses in the community. The Town Board is not going to take any action on these amendments right now. Supervisor Cudney said that there are going to be improvements made to some of the small neighborhood playgrounds in Orchard Park based on the recommendations of the Recreation Commission. These total improvements will amount to about $20,000.00.
Councilman Mills said that there was a ribbon cutting on the new Rt. 219 ramp going northbound on Armor Duells Road. He wanted to congratulate Councilman David Buyer, whose efforts to get this ramp built go back about ten years. He also stated Councilman Buyer initiated this particular project with Senator Volker.
Councilman Buyer wanted the community to know that New York State Department of Transportation, when it starts the reconstruction of Southwestern Blvd. next year, is going to install sidewalks all along Southwestern Blvd. The current state laws stipulate that the Town is responsible to maintain and take care of those sidewalks. Councilman Buyer does not want them put in and the Town is not equipped to take care of these sidewalks. He also stated if these sidewalks are put in, there is a chance that this Town Board may institute legislation that will make the owner of the properties that the sidewalks cross, responsible for the care and maintenance. He stated this type of legislation has been introduced in other municipalities. Councilman Buyer encouraged everyone to contact their legislators and let them know these sidewalks are not wanted.
Councilwoman Ackerman said there is a City of Buffalo, Erie County Household Hazardous Waste Day on September 9th, from 10:00 AM to 2:00 PM at the Modern Corporation facility at 266 Hopkins at Tifft Street.
19) 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 approve the request of Unity Southtowns Church, vacant land corner of Big Tree Road and California Road, to erect a temporary sign, from August 16th to September 16th 2001, with the provision that the sign is not illuminated.
The resolution was unanimously adopted.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby deny the request of the Catholic Health System to erect a temporary sign advertising their MRI Unit at Mercy Ambulatory Center, 3669 Southwestern Blvd., from September 1, 2001 to January 31, 2002.
The resolution was unanimously adopted
21) 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 approval of all entries on Warrant #16, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$68,209.45 |
|
Part Town Fund |
$1,067.10 |
|
Risk Retention |
$1,319.40 |
|
Highway Fund |
$12,601.35 |
|
Special Districts |
$126,290.99 |
|
Trust & Agency |
$2,244.09 |
|
Capital Fund |
$20,323.53 |
The resolution was unanimously adopted.
22) 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 receive and file the following reports: Chief of Police’s Monthly Report for July 2001; and the Building Inspector’s Monthly Report and Building Permits for July.
The resolution was unanimously adopted.
Nick Taneff – 279 Summit Avenue: He received an agenda from the Zoning Board regarding AT&T’s request to erect a 150 foot telecommunications tower on Southwestern Blvd., adjacent to his property, 3165 Southwestern Blvd. He is concerned with this because Orchard Park does not have a tower law on the books. He stated when he was at the work session he heard that there is going to be discussion regarding a communications tower law in the near future. Mr. Taneff said he was going to attend the Zoning Board of Appeals and request that they reject AT&T’s request.
At this time the Town Board discussed a moratorium on Telecommunications Towers and setting a Public Hearing for the proposed Telecommunications Law. The Town Attorney suggesting that the Zoning Commission table all telecommunication requests until after the Public Hearing on the Law.
23) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing in the matter of a proposed amendment to the Town Code of the Town of Orchard Park for the 19th day of September 2001 at 7:00 PM in the matter of Telecommunication Facilities, and be it further
RESOLVED, that the Town Board recommends the Zoning Board of Appeals table all actions regarding Telecommunications requests until after the Public Hearing.
Councilman Jemiolo stated that he is going to recuse himself from any communications discussions and legislation as his wife works for a communications business and this may be a conflict of interest.
The resolution was duly adopted
Bob Frantsits – 4270 California Road: Regarding the scooping session for the nursing home that is proposed on the corner of Big Tree Road and California Road, he wanted to get some information from that meeting. Supervisor Cudney said that he could get a copy of the information from that meeting from the Planning Office, or they could send it to him.
Jim Suplicki – 5560 Big Tree Road: He asked if the Town Board had planned to rezone the area on Big Tree Road between Duerr Road and California Road for light industrial use. Mr. Suplicki said sidewalks on Southwestern Blvd. are insane.
Jerry Myers – owns property on Ellis Road: He is against the 50 foot buffer zone, as this takes land away from the owners.
William Myers – 64 South Lane: He also owns land on Ellis Road and is against the 50 foot buffer zone.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 8:10 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk