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 5th day of December 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
Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, the minutes of the Town Board Meeting, held on November 21, 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) Supervisor Cudney called for the Public Hearing to hear all interested parties for or against the proposed Conservation Easement for 5951 Bunting Road, as petitioned by Mark & Patricia Fenzl.
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.
The Supervisor Cudney opened the Public Hearing and asked the Town Attorney to explain what a Conservation Easement is and how it is used. The Town Attorney gave that explanation.
COMMENTS FROM THE FLOOR:
Eirene Choroser, 6195 Newton Road: She and her husband are in favor.
Ken Burgwardt, 6105 Newton Road: He is in favor.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing for the proposed Conservation Easement for 5951 Bunting Road, Orchard Park New York, as petitioned by Mark & Patricia Fenzl is hereby closed at 7:08 PM (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve and accept the application for a Conservation Easement on 20.47 acres of land, zoned agricultural, located at 5951 Bunting Road and owned by Mark & Patricia Fenzel from 5951 Bunting Road, Orchard Park for ten (10) year period upon signing by the Petitioner, as recommended by the Conservation Board, and be it further
RESOLVED, this property will have a real property tax exemption, based on a reduction in assessment of the land only, in said Conservation Easement.
The resolution was unanimously adopted.
Old Business #1 Approve 2nd request - Northstar Dev., 3975 Southwestern Blvd, Comm. Pkg Permit
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the 2nd request from Northstar Development, 3975 Southwestern Blvd, Orchard Park, for a Commercial Parking Permit.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Orchard Park Senior Center Roof Replacement Project is completed and there is a decrease of $450 in the contract, a 1.2% decrease, and
WHEREAS, the change order involves the cost for the addition of a roof hatch that was to be installed under the original contract, and
WHEREAS, after the Engineering Department reviewed the difficulties that would arise in providing a safe and effective passage through the attic space to the proposed roof hatch, the Town Engineer has determined that the hatch would be seldom used, if at all, and now has eliminated it from the work, all portions of the roof can easily be accessed through the use of a ladder
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve Change Order #1 to the Contract with
Progressive Roofing, Inc., for the Orchard Park Senior Center Roof Replacement Project, in the amount of a decrease of $450.00.
The resolution was unanimously adopted.
New Business #1 Schedule the Organizational Meeting and the 1st Town Board Meeting for 2001
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule the 2002 Organizational Meeting for January 2, 2002 at 6:30 PM (local time), with the regularly scheduled Town Board Meeting to follow and be further
RESOLVED, that the Town Clerk will publish due notice thereof.
The resolution was unanimously adopted.
At this time the Supervisor stated E.F. Burke’s request for a refund is tabled.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, Orchard Park CCRC, Inc. has petitioned the Town of Orchard Park for a rezoning of a parcel of land located on the southeast corner of Big Tree Road and California Road in order to construct a lifecare retirement community project, and
WHEREAS, the petitioner submitted a Draft Environmental Impact Statement (DEIS) to the Town of Orchard Park on November 2, 2001, and
WHEREAS, under Section 617.9 (a) (2) of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act), the Town of Orchard Park, as lead agency, must determine whether to accept the draft EIS as adequate with respect to its scope and content for the purpose of commencing public review
RESOLVED, that the Orchard Park Town Board determines that the DEIS is adequate with respect to its scope and content for the purpose of commencing public review, and be it further
RESOLVED, that when a final EIS is prepared, the following outstanding issues will be addressed:
1. The projected date of installation of the planned traffic signal at the intersection of Big Tree Road and California Road.
2. How the petitioner plans to ensure that the California Road entrance will only be used for emergency use.
3. Documentation from the Chief of the Orchard Park Fire Company to support the statement in the draft EIS that he is “…satisfied that the proposed project would not significantly impact the provision of emergency services in the Town.”
4. A full discussion of the impact of either Business or Residential Zoning and what variances, if any, may be required in either zone.
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 Town Engineer to prepare a map, plan and a report for the establishment of Water District #17, Extension #3 in accordance with Article 12 of the Town Law.
The resolution was unanimously adopted.
9) 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 Supervisor to sign the 2002 Nutrition Contract with the County of Erie, Department of Senior Services.
The resolution was unanimously adopted.
New Business #6 Authorize the Highway Department to place traffic signs
10) 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 Highway Department to place the following stop signs in the appropriate locations:
1. Greenfield at Penhurst, and at Saybrook, also, on Lehigh St. at Greenfield
2. “3-Way Stop” on Hunters Ridge at East Royal Hill
3. “3-Way Stop” at Stonehenge Drive at Coventry
The resolution was unanimously adopted.
11) 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 refer to the Planning Board and Conservation Board the request of George Culp, 7126 Ellicott Road, Orchard Park, for a building permit to construct a 2,400 sq. ft. metal building.
The resolution was unanimously adopted.
Elected Officials & Department Heads
12) 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 Supervisor:
$ 2,500.00 From: A.1220.000.419 Supervisor Other Expenses
To: A.1220.000.417 Supervisor Trails Task Force
$ 100.00 From: A.1220.000.475 Supervisor Gasoline
To: A.1220.000.445 Supervisor Vehicle Maintenance
The resolution was unanimously adopted.
13) 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 following budget transfers, as recommended by the Highway Superintendent:
$ 6,000.00 From: DA.5110.000.474 Pipe
To: DA.5110.000.440 Rental
$15,000.00 From: DA. 5110.000.474 Pipe
To: DA. 5110.000.472 Road Oil
$ 5,000.00 From: A.7110.000.477 Cont. Mowing
To: A.7110.000.149 P/T Labor
$ 1,500.00 From: A.7110.000.445 Vehicle Repair
To: A.7110.000.402 Supplies
$ 600.00 From: A.7110.000.449 Lake Maint.
To: A.7110.000.475 Gasoline
$ 1,000.00 From: A.7110.000.421 Electric
To: A.7110.000.475 Gasoline
$22,000.00 From: DA.5110.000.144 P/T Labor
To: DA.5140.000.144 Brush Labor
The resolution was unanimously adopted.
Councilman Mills stated that the issue of bill boards should be confronted as they would violate all the Town ordinances in height and size as well as the aesthetic quality to the residents of the Town.
Councilman Buyer reiterated the sentiments of Councilman Mills on the subject of bill boards.
Councilwoman Ackerman thanked Norma and Ron Geitter for sponsoring the wreath making program and anyone else that was involved. Councilwoman Ackerman stated that the Orchard Park Library is in receipt of a $10,000.00 grant from an anonymous private foundation. At this time she thanked the foundation for the donation. Councilwoman Ackerman read a grateful farewell letter to Councilman Mills, since she will not be at the last meeting of the year at which he will serve.
14) 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 appointment of Paul Bodden, 6380 New Taylor Road, Orchard Park, to the vacancy of the Alternate position on the Planning Board.
The resolution was unanimously adopted.
15) 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 sign the Erie County and New York State Traffic Safety Grant for 2001-02, as recommended by the Chief of Police.
The resolution was unanimously adopted.
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 #23 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$273,887.81 |
|
Part Town Fund |
$3,248.76 |
|
Risk Retention |
$15,268.91 |
|
Highway Fund |
$45,945.41 |
|
Special Districts |
$29,264.37 |
|
Trust & Agency |
$7,835.59 |
|
Capital Fund |
$15,057.03 |
The resolution was unanimously adopted.
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 receive and file the following Communication as entered on the agenda: Erie County Designation of Restricted Highways – Abbott Rd. from Southwestern Blvd. to Milestrip Rd.
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Report as entered on the agenda: Chief of Police’s Monthly Report for November 2001.
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: He had questions on tree branch pick-up, garbage and garbage cans, and billboards.
Nicholas Taneff, 279 Summit Avenue: He had questions on the noise control ordinance. The Town Attorney stated that the Town has a noise ordinance which has been under consideration to specifically address the decibel level and he feels that this would be the best way to enforce it. Mr. Taneff asked about the access roads in reference to cellular towers and thought perhaps the Town should introduce an ordinance for landscaping or screening. The Building Inspector stated that the ordinance that the Town has now is for commercial developments with a parking lot and the required green space interior landscaping percentage within the parking area. The Building Inspector pointed out that a project with a cellular tower would have a driveway with possibly a spot for a vehicle, which is not the same. Mr. Taneff further stated that he understood that the scope of the two projects are different, but felt that there should be basic criteria for cellular tower projects, such as drainage, landscaping and blacktop for driveways for these access roads next to residential areas and they should have they their own ordinance.
Eirene Choroser, 6195 Newton Road: She stated in the Sunday Edition of the Buffalo News, it was published (incorrectly) that the Town Board would be addressing a rezoning issue on a proposed portion of land on Newton Road. Ms. Choroser asked for confirmation that this rezoning will be discussed at the next Town Board Meeting and it was answered that it is on the agenda.
There being no business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 7:54 PM (local time).
Respectfully Submitted,
Town Clerk