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 17th day of January 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
Vacant 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 Organizational Meeting and the regular meeting held on January 3, 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.
Old Business #1 Award bid for Dog Control Pick Up Truck
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town of Orchard Park did receive bids on January 11, 2001 for One (1) Dog Control Pick Up Truck
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby award the bid for one Ford F-150 Pick Up Truck for the Dog Control Officer to Towne Ford, 3535 Southwestern Boulevard, Orchard Park New York, in the amount of $18,995.50, being the single responsible bidder thereof, as recommended by the Dog Control Officer.
Old Business #2 Miris Cash & Carry, 2868 Southwestern Boulevard: Approve 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 authorize the request from Miris Cash & Carry, 2868 Southwestern Boulevard, Zoned B-2 for a building permit to construct a 7,500 square foot cold storage warehouse building. The Planning Board, 1/10/2001, recommends approval of this request and of the site plan with the following stipulations:
1. This is an Unlisted SEQR action based on the submitted Full EAF, Parts 1 and 2, and a Negative declaration is made.
2. A Landscape completion bond in accordance with the Conservation Board minutes in the amount of $200.00 or a certified check in the amount of $100.00 shall be provided for the approved Landscape Plan which includes 76% green space and must be presented to the Town Clerk before a building permit will be issued.
3. The site lighting plan is limited to those fixtures and poles indicated on the approved site plan.
4. No outside storage or display is permitted.
5. All dumpsters shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with Section 144-24 of the Town Code.
6. Reduced parking is recommended per Section 144-20(a)2 of the Town Code with 30 parking spaces provided currently and 59 parking spaces reserved to be installed if deemed necessary in the future by the Town.
7. Town Engineering approval was granted as of 1/10/2001.
The resolution was unanimously adopted.
Old Business #3 John Bray, S4025 North Buffalo Street: Approve rezoning for back property
4) 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 initiate the SEQR process and will seek Lead Agency Status and conduct a Coordinated Review based on the Long EAF on the request from John Bray, S4025 North Buffalo Street, to rezone a portion of back land from R-2 and unclassified to B-3 to construct a garden center.
The resolution was unanimously adopted.
Old Business #4 Bierworth-Reidman Homes, vacant land on Orchard Park Rd/Southwestern Blvd
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Bierworth-Reidman Homes, Inc. has petitioned the Town of Orchard Park to rezone land on the east side of Orchard Park Road, south of Southwestern Boulevard, from B-2 and R-3 to R-3 Special Exception Use for the purpose of constructing a 296-unit apartment complex, and
WHEREAS, the Petitioner has submitted a Full Environmental Assessment Form which has been reviewed by the Town of Orchard Park, and
WHEREAS, the Orchard Park Town Board has previously declared this petition to be a Type I Action under the State Environmental Quality Review Act, has sought Lead Agency Status under SEQR and has submitted the petitioner’s Environmental Assessment Form to other appropriate agencies
RESOLVED, that the Orchard Park Town Board determines that under Section 617.7 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, this proposed project has the potential for one or more significant environmental impacts including historic, aesthetic and archeological resources, transportation and traffic safety, open space, wildlife habitat, future recreational opportunities, community character and safety, and the impact on the Orchard Park School system, and be it further
RESOLVED, that the Orchard Park Town Board does hereby issue a Positive Declaration under SEQR and does hereby requires the petitioner to prepare a Draft Environmental Impact Statement in accordance with SEQR Section 617.9, and be it further
RESOLVED, that the Scoping Session be conducted as outlined within SEQR Section 617.8.
The resolution was unanimously adopted.
Old Business #5 Benderson Development, vacant land Southwestern Blvd. & Orchard Park Road
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, Benderson Development Co., Inc. has petitioned the Town of Orchard Park for a Building Permit to construct a ±158,244 square foot retail plaza to be located on the southeast corner of Southwestern Boulevard and Orchard Park Road in the Town of Orchard Park, and
WHEREAS, the petitioner has submitted a Full Environmental Assessment Form which has been reviewed by the Town of Orchard Park, and
WHEREAS, the Orchard Park Town Board has previously declared this petition to be a Type I Action under the State Environmental Quality Review Act, and has sought Lead Agency Status under SEQR and has submitted the petitioner’s Environmental Assessment Form to other appropriate agencies, and
WHEREAS, additional information is required before a final decision by the Town Board can be made
RESOLVED, that the Orchard Park Town Board is hereby authorized to table the request of Benderson Development Co., Inc., until further review is completed.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the appointment of Lieutenant Michael Sherry to the newly created Captain Position of the Orchard Park Police Department, effective January 22, 2001, as recommended by the Police Chief.
Supervisor Cudney gave an overview of Michael Sherry’s biographic, civic and educational background and extended her congratulations to Captain Sherry on his appointment.
Councilman Mills thanked Captain Sherry for taking this new position.
Chief McCune introduced Captain Sherry to the audience and thanked the Town Board for acting on his recommendation for creating this position.
The resolution was unanimously adopted.
New Business #2 Authorize attendance of Animal Control Officers to West Nile Virus Seminar
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Erie County Department of Health, the Honorable Joel A. Giambra, Dr. Anthony J. Billittier IV and FACEP, are sponsoring a Pesticide Applicator Certification Training Course to be held the week of February 5, 2001 in accordance with “Project S.W.A.T.” (Share the Work to Alleviate the Threat), and
WHEREAS, their objective is to work together with the towns and villages in our county and bordering counties, in as effort to train our employees to become Certified Pesticide Applicators and once an employee has been certified as an applicator, he will then be able to have people work under his supervision in the fight against the West Nile Virus,
RESOLVED, that the Town Board does hereby authorize Dennis Buczkowski, Robert Praczkajlo and Jerry Henning to attend a seminar on the West Nile Virus and pesticide application training from February 5 - 8, 2001, at Erie County’s expense.
Councilman Mills would like to have a work session when the attendants return from this seminar.
Supervisor Cudney stated that the Town Engineer has already begun working with a special consultant firm to evaluate the wet areas in the Town to prepare for the West Nile Virus.
The resolution was unanimously adopted.
New Business #3 Appointment to the Building Inspector’s Office
9) 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 provisional appointment of Merrill D. Porter, 6452 Webster Road, Orchard Park, to fill the vacancy of the position of Assistant Building Inspector, Step A, range 0009, effective date to be determined, as recommended by the Building Inspector.
The resolution was unanimously adopted.
10) 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 refer the following requests to the Planning Board and Conservation Board: 1) Dennis & Karen Johnson, 4238 South Taylor Road, requesting a change in use to convert the existing home and garage into a 2,500 square foot cold storage garage, and 2) Polymer Conversions, 5732 Big Tree Road, requesting to construct a 1,280 square foot addition adjacent to the loading dock and the exterior loading dock to be enclosed.
The resolution was unanimously adopted.
11) 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 approve the budget transfers to the 2000 Budget below as recommended by the following Department Heads:
Chief of Police: $ 650.00 From: A.3120.000.443 Equipment Repair
To: A.3120.000.475 Gasoline
Town Assessor: $ 314.66 From: A.1355.000.460 Outside Appraisals
To: A.1355.000.136 Star Clerical
$4,286.07 From: A.1355.000.460 Outside Appraisals
To: A.1355.000.427 Star Expenses
Highway Superintendent: Highway Department
$22,000.00 From: DA.5142.000.144 Labor
To: DA.5142.000.402 Salt & Sand supplies
$ 1,100.00 From: DA.5142.000.144 Labor
To: DA.5142.000.419 Other Expenses
Parks & Grounds
$ 200.00 From: A.7110.000.421 Electric
To: A.7110.000.402 Supplies
$ 950.00 From: A.7110.000.446 Small Equipment Repairs
To: A.7110.000.405 Gasoline
Town Clerk: $ 900.00 From: A.1410.000.400 Office Supplies
$ 200.00 From: A.1410.000.200 Equipment
To: A.1410.000.450 Publishing
The resolution was unanimously adopted.
Supervisor Cudney asked for any available volunteers in the community to help clear away the snow from the fire hydrants. She also stated that the Town Assessor asked her to announce that the Star program, and other tax exemptions, must be filed by Tuesday, May 1, 2001, and that the Tax Receiver’s Office will have extended hours on February 3rd and 10th, 2001, the first and second Saturday of that month from 9:00 AM until 12:00 PM. She also noted the tax drop box is accessible in the Municipal Lobby 24 hours a day. Supervisor Cudney announced that the Planning Office now has additional hours on Tuesdays and Wednesdays from 9:00 AM to 5:00 PM.
Supervisor Cudney said that she wanted to make a few comments regarding the appointment to fill the vacant Town Council Position this evening, an item that was not on the agenda. She stated Councilman Mills did inform her on Tuesday that he might bring up a candidate to be voted upon under his report. Although the Supervisor was thankful for the courtesy call, she felt perhaps it would have been in the Town’s best interest to fill the position under appointment protocol. Supervisor Cudney felt the Town Board could have conducted interviews with the residents that submitted letters of interest and resumes generated by the advertised vacancy. She stated the following residents replied for the position: Roy Sasiadek, 275 Summit Ave; William Thiel, 118 Chauncey Lane; Susan L.Kryzak, 3160 Angle Road; Michael Neumeister, 155 Squire Drive; Loraine Hutchinson, 25 Carlton Drive; Stanley A. Jemiolo, Jr, 14 Birch Run.
Supervisor Cudney said she was disappointed that the other Board Members missed an opportunity to demonstrate that they are above politics and are able to act in a non-partisan manner where the best interests of the community are concerned. She thanked the applicants for their offer to serve the Town and stated she will keep all the resumes on file. She also stated she regrets that the Town Board has not agreed to take the process to the interview step, and again asked the Town Board to reserve the decision to fill the vacancy until all the candidates have been interviewed.
12) 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 appointed the following to the Insurance Broker Committee for the Town of Orchard Park for the Year 2001: Lorraine Biryla, Richard Gernold, Donald Litwin, Thomas Michaels, Herman Sapio and Raymond Stromecki, and be it further
RESOLVED, that each member of the Insurance Brokers Committee file a copy of their Insurance Brokers License with the Town Clerk within thirty (30) days of appointment.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that Richard Gernold, is hereby designated Chairman of the Insurance Brokers Committee for the Year 2001.
Councilwoman Ackerman stated that the Town Board met with the Insurance Brokers Committee on some issues of concern, which were clarified. The Committee selected a secretary who will send the Town Board minutes of their meetings and in addition the Committee will meet with the Ethics Board.
The resolution was unanimously adopted.
Councilman Mills second item this evening was the appointment to fill the vacancy of the former Councilman, Steven McCarville. Councilman Mills philosophy is to appoint individuals from the Town’s boards who have served the community. Councilman Mills stated it is a pleasure and a honor to sponsor Stanley Jemiolo for the vacancy on the Town Board.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that Stanley Jemiolo is hereby appointed to fill the vacancy created by the resignation of Steven P. McCarville, as Councilman for the Town of Orchard Park. Stanley Jemiolo shall hold office as Town Councilman until the commencement of the Year 2002.
Councilwoman Ackerman stated that she has worked with Stanley Jemiolo in the past on the Planning Board and the Zoning Commission and believes that he will serve the Town well.
Councilman Buyer read a statement to the audience relating his reasons for his initial objection of the appointment of Stanley Jemiolo, which concerned past practices of the Town Board prior to 1997. Councilman Buyer stated that Councilman Mills and Councilwoman Ackerman, along with Mr. Jemiolo, pledged to work with him for a better Town Government.
Supervisor Cudney stated that she is not opposed to Mr. Jemiolo being on the Town Board, but would have liked the opportunity to present other candidates to the Town Board Members. Supervisor Cudney met with Mr. Jemiolo and found him to be qualified for the position. She stated she would work with him, hopefully as a public servant rather than a politician.
The question of the adoption of the foregoing resolution was duly put to a roll call vote:
Toni M. Cudney, Supervisor Aye
John H. Mills, Councilman Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
The resolution was unanimously adopted.
At this time the Honorable Judge Joseph Mattina introduced Stanley Jemiolo, Jr. and his family members to the Town Board and audience. He stated he has known Stan for a long time and together they have been members on the Orchard Park Rotary Club. At this time Judge Mattina performed the swearing in for Stanley Jemiolo while his wife Leslie held the Bible. After the ceremony Judge Mattina introduced him as the new Councilman to the Town of Orchard Park.
Councilman Jemiolo thanked everyone for coming. He introduced each of his family members and then signed the oath book. At this time Councilman Jemiolo was asked by the Town Board Members to be seated on the Board to finish out the meeting.
Councilwoman Ackerman gave a review of the Annual Youth Court Report. She stated this coming year is a recruiting year beginning in the spring. The Youth Court has expanded to the Youth Corps, which provides service to the community. Councilwoman Ackerman thanked Chief McCune, Judge Phillip Marshall and Tom McGinty for their dedication to this program.
Councilwoman Ackerman stated that she respected the Supervisor’s right to her previous statement concerning the Town Board vacancy. She stated the Town Board has been perceived as being political and in fairness pointed out that the Supervisor did appoint her own Deputy Supervisor, someone who is not elected and is a Democrat. Councilwoman Ackerman added that the Town Board position is political to the extent that it is an elected position. Once elected, it is understood that they serve all the people and put aside the politics to do the best job for the community.
Councilman Jemiolo stated he was very honored and thanked Judge Mattina for swearing him in. He once again thanked his family and friends for their support. He thanked the Town Board for entrusting him with this position. Councilman Jemiolo pledged to all the residents and the Town Board that he will work hard on every issue to make sure that all decisions he makes will be in the best interest of the people of the Town of Orchard Park. His last statement was to his wife Leslie. He thanked her again for all her support.
The Town Clerk and the Town Attorney congratulated Councilman Jemiolo on his appointment.
The Building Inspector congratulated Councilman Jemiolo. He also thanked the Town Board for appointing Merrill Porter for the job of the new Assistant Building Inspector.
The Chief of Police congratulated Councilman Jemiolo.
The Highway Superintendent congratulated Councilman Jemiolo and Captain Sherry.
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 Highway Superintendent to advertise for bids for road materials for the Year 2001, to be opened at 11:00 AM on Tuesday, January 30, 2001 in the Highway Superintendent’s Office, and be it further
RESOLVED, that the Highway Superintendent is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
The Town Engineer congratulated Councilman Jemiolo.
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 authorize the approval of all entries on Warrant #2 following auditing by members of the Town Board and in the funds indicated:
General Fund $ 286,424.36
Part Town Fund $ 2,596.15
Risk Retention $ 1,282.60
Highway Fund $ 88,204.07
Special Districts $ 188,105.07
Trust & Agency $ 7,139.09
Capital Fund $ 14,704.43
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following communications as entered on the agenda: 1) Erie County Industrial Development Agency scheduling a Public Hearing, February 7, 2001 at 12:00 PM at the Orchard Park Municipal Center, 4295 South Buffalo Street, for the construction of office improvement and the acquisition and installation of machinery and equipment, at 4066 North Buffalo Road, Orchard Park. Project Operator is Adelphia Communication Corporation and/or its affiliates.
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following reports: 1) The Orchard Park Chief of Police’s Monthly Report for December 2000 2) The Building Inspector’s Monthly Report & Building Permits for December 2000 3) The Building Inspector’s Annual Report for the Year 2000 4) The Town Clerk’s Annual Report for the Year 2000, and 5) The Youth Court’s Annual Report for 2000.
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn questioned if there would be a Public Hearing concerning the Town’s committee for the building rights of farmland preservation. Supervisor explained that the purpose of appointing a committee is to investigate different avenues for preserving farmland and/or green space. She stated nothing would take place without a public informational meeting.
Jean Miller, 25 Briggs Drive: She stated last September she spoke before the Town Board, with reservations, about a proposed right of way ordinance. She has met with the Town Arborist, Lynn Reynolds, to explain concerns about their property. Ms. Miller said that today their concerns were realized when they arrived home to find a large tree had been taken down in their yard. Ms. Miller said that they had offered to take the tree down themselves in order to keep the wood, which Mr. Reynolds assured them that they could keep and has now been removed. Ms. Miller stated today’s actions has reaffirmed their deep concern for the landscaping that they have done in the twenty three years she and her family have lived on that property. Ms. Miller stated her family’s disappointment that the statements made by Mr. Reynolds and the Town Board in offering to work with them has not been honored.
The Highway Superintendent stated he wasn’t aware of the tree being cut down and told Ms. Miller he would have an answer as to this action immediately and told her that if the firewood was available, she was entitled to it.
Ms. Miller also stated she has concerns for the rest of the landscaping. She commented that most of their front yard and side yard is in the Town right of way due to an error on the original survey when the road was put in.
Councilman Buyer stated that the Town right of way is only a few feet from Ms. Miller’s front door and the enactment of a landscape ordinance, on which the Town has had a Public Hearing, would give the Millers very little control over their property. He also stated that the Conservation Board will be finished with Ms. Miller’s letter stating her concerns relating to this proposed ordinance.
Christopher Sasiadek, 275 Summit Avenue: Addressed Councilman Jemiolo on the New York State Constitution. Mr. Sasiadek asked the Town Board to act on the signage issue, which he has brought up at previous Town Board meetings.
There being no business from the floor, on motion by Councilman Jemiolo, seconded by Councilman Buyer, the meeting was adjourned at 8:02 PM.
Councilman Jemiolo invited everyone to Jemiolo’s South Restaurant for food and refreshments.
Respectfully Submitted
Janis A. Colarusso
Town Clerk