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 20th day of June 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
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption to rezone vacant land on the east side of Taylor Road from I-1 to R-3, as recommended by the Zoning Commission.
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. Supervisor Cudney opened the Public Hearing and stated that if there was anyone who desired to be heard to come forward.
Supervisor Cudney stated that Forbes Homes faxed a letter to the Town Board in favor of the rezoning.
Comments from the floor: No one came forward to speak.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Public Hearing to hear all interested parties in the matter of the adoption to rezone vacant land on the east side of Taylor Road from I-1 to R-3 is hereby closed at 7:07PM, (local time).
Councilman Mills said this rezoning is a recommendation by the Zoning Commission and will create a transition area from a residential area to the Industrial Zone.
Councilman Buyer said that the very same request was denied not too long ago, and he feels there should be some discussion regarding this request before the Board moves on it.
Supervisor Cudney said she thought that the Economic Development Committee should review this request as well, as their position is to not rezone any industrial land.
The resolution was unanimously adopted.
Old Business # 1 - 3170 Orchard Park Road Requesting a Change In Use from Retail to Restaurant
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize a Change in Use from retail to a restaurant for a 5000 square feet Chinese Buffet Restaurant and Building Permit for 3170 Orchard Park Road, as petitioned by Carmina & Wood, architects. The Planning Board, 6/13/01, recommends approval of this request and of the site plan with the following stipulations:
§ This is a Type 2 SEQR action.
§ The site lighting is limited to those fixtures to be presented on the submitted site plan and if there are future plans for lighting they will be submitted to the Planning Board for their approval.
§ No outside storage or display is permitted.
§ A new dumpster shall be installed and shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
§ No Town Engineering approval is needed.
§ Reduced parking from 110 spaces to 95 is approved with 45 spaces to be held in reserve until deemed necessary due to change in use of the structure.
The resolution was unanimously adopted.
Old Business #2 – Retail Plaza on southeast corner of Southwestern Blvd., Benderson Development
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that pursuant to Article 8 (State Environmental Quality Review Act) of the Environmental conservation Law and 6 N.Y.C.R.R. Part 617, the Orchard Park Town Board, as lead agency, makes the following findings under the action titled “Proposed Tops/K-Mart Plaza Expansion:
FINDINGS STATEMENT
Pursuant to Article 8 (State Environmental Quality Review Act –SEQR) of the Environmental Conservation Law and 6 N.Y.C.R.R. Part 617, the Orchard Park Town Board, as lead agency, makes the following findings:
DESCRIPTION OF ACTION: The applicant, Benderson Development, Co., Inc., proposes to develop 30.4 acres of land in an expansion of the existing K-Mart plaza, located on the southeast corner of Southwestern Boulevard and Orchard Park Road in the Town of Orchard Park. The applicant proposes to construct a 57,000 sq.ft. Tops supermarket and 92,000 sq.ft. of adjoining retail space, as well as a separate 7,600 sq.ft. restaurant. A new access driveway is proposed on Orchard Park Road, as well as expanding the existing parking lot to 1,300 spaces, constructing a separate fueling facility in front of the plaza and installing traffic signals on Southwestern Boulevard and Orchard Park Road.
DATE FINAL EIS FILED: May 18, 2001
FACTS AND CONCLUSIONS IN THE EIS RELIED UPON TO SUPPORT THE DECISION:
SEQR and Rezoning Submittals Date
· Solicitation for Lead Agency Status November 20, 2000
· Full Environmental Assessment Form November 8, 2000
· DEIS Tops/K-Mart Plaza Expansion March 28, 2001
· FEIS Tops/K-Mart Plaza Expansion May 16, 2001
AGENCY JURISDICTIONS:
1. Town of Orchard Park Town Board Approvals – Site Plan Approval of plaza expansion
2. Town of Orchard Park Town Board – Special Exception Use Permit for proposed fueling facility
3. Town of Orchard Park Town Board – Site Plan Approval of proposed fueling facility
4. Town of Orchard Park Zoning Board of Appeals – Variance for proposed fueling facility
5. New York State Department of Transportation – Highway Work Permit
6. Federal Aviation Administration – NOTAMS (Notice of Closure for existing Orchard Park Airport)
DATE FINAL EIS FILED: May 18, 2001
COPIES OF THIS FINDINGS STATEMENT FILED WITH:
New York State Department of Transportation
Region 5
125 Main Street
Buffalo, New York 14203
New York State Department of Environmental Conservation
Region 9
270 Michigan Avenue
Buffalo, New York 14203
Erie County Department of Environment and Planning
95 Franklin Street
Buffalo, New York 14202
Board of Fire Commissioners
Town of Orchard Park
30 School Street
Orchard Park, New York 14127
Public Safety Committee
Town of Orchard Park
C/O William Szewc, Chairman
30 Bielak Road
Orchard Park, New York 14127
Benderson Development Company, Inc.
570 Delaware Avenue
Buffalo, New York 14202
FACTS AND CONCLUSIONS IN THE FEIS RELIED UPON TO SUPPORT THE DECISION:
Impact: Development of the project will increase traffic volumes and result in additional delays for the traveling public, especially at the entrances to the project on Southwestern Boulevard and Orchard Park Road.
Mitigation: Development of the project will include installation of off-site roadway and signal improvements to minimize delays to the traveling public to the maximum extent possible. All mitigation work within the state highway right-of-way will require a NYSDOT Highway Work Permit. The mitigation measures are as follows and are based upon New York State Department of Transportation letters to the Town of Orchard Park dated 1/29/2001, 3/23/2001 and 5/4/2001 regarding traffic mitigation requirements for the proposed Tops/K-Mart plaza expansion:
Southwestern Boulevard access:
A fully-actuated, three phase signal will be installed at the plaza entrance. The signal poles will be located far enough back from the roadway to avoid interference with the NYSDOT project, PIN 5111.61. The traffic signal will be owned and operated by the developer under the auspices of a traffic signal permit issued by the NYSDOT. The maintenance of this signal will be performed by state signal maintenance forces for the developer through a signal maintenance agreement. An exclusive right turn lane will be provided into the plaza that is 200 feet by 12 feet with a 120-foot taper. Two “right lane must turn right” signs will be added. Also, the existing center turn lane will be converted into an exclusive left turn lane. This signalized intersection will be provided with pedestrian features (push buttons, indicators, crosswalks, etc.) Additionally, the developer will provide a written agreement with the Tabernacle Church to align the church’s driveway and the Southwestern Boulevard entrance to the plaza. Sidewalks will be provided along Southwestern Boulevard and along the entrance drive into the plaza. All above mitigation will be at the developer’s expense.
Orchard Park Road access:
The Orchard Park Road access will be shared with the proposed apartment complex to the south of the K-Mart plaza. The joint access will be located on the adjoining property to the south, regardless of whether or not the proposed apartment complex project is approved by the Town Board. A fully actuated traffic signal will be installed at this plaza entrance. The signal poles will be located far enough back from the roadway to avoid conflict with the NYSDOT project, PIN 5268.31. This mitigation will be at the developer’s expense. The traffic signal will be owned and operated by the developer under the auspices of a traffic signal permit issued by the NYSDOT. The maintenance of this signal will be performed by state signal maintenance forces for the developer through a signal maintenance agreement. The northbound curb lane will become a through/right lane to accommodate right turns into the plaza from Orchard Park Road. Additionally, the center turn lane will be constructed to operate as an exclusive left turn lane. Although the NYSDOT will perform this work, the developer must provide the curb cut location to the NYSDOT Design and Construction Groups so that the NYSDOT can make any necessary changes to PIN 5268.31 to include this work in its project.
In addition:
1. Before a Building Permit is issued for this project, the developer shall execute a signed agreement with the Tabernacle Church regarding roadway improvements associated with the project that affect the Tabernacle. Specifically, the church’s two most westerly curb cuts located on Southwestern Boulevard will be closed and a new curb cut will be created on the church’s property corresponding to the K-Mart plaza entrance on Southwestern Boulevard. A left turn lane on Southwestern Boulevard will be created for parishioners entering the church property at the new curb cut. The church’s internal road (measuring approximately 125 feet by 17 feet) will be widened to approximately 23 feet.. Additionally, one or two light poles on church property will be relocated to accommodate the road expansion. The developer will assume financial responsibility for the above mitigation.
The above-mentioned agreement shall be in a form approved by the Town Attorney and presented to the Town Board.
2. Before a Building Permit is issued for the project, the developer shall be obligated to obtain an easement from Mr. Steinwachs, owner of the property just south of the K-Mart plaza for the required shared access from Orchard Park Road. This easement must be in a form approved by the Town Attorney, presented to the Town Board and recorded in the Erie County Clerk’s Office.
3. Before a Building Permit is issued for the project, the developer shall be obligated to enter into a permanent Conservation Easement for a 7.6 acre parcel designated on the Landscape Plan approved by the Conservation Board on 5/1/2001. This easement must be in a form approved by the Town Attorney, presented to the Town Board and filed with the Town Clerk.
4. Before a Building Permit is issued for the project, the developer shall be obligated to enter into an agreement with Arby’s Restaurant regarding a planned access between the plaza and Arby’s. This agreement shall be in a form approved by the Town Attorney and presented to the Town Board.
Finding: The Town of Orchard Park Town Board has determined that the above mitigation is adequate.
Closure of the Orchard Park Airport
Impact: Closing the Orchard Park Airport would have an effect on the flying community’s ability to store aircraft, conduct flight training activities and provide the community with a general aviation facility.
Mitigation: It has been determined that if the airport were to remain functional, the approach to Runway 9 and the departure from Runway 27 would be directly over the proposed plaza, thereby possibly causing safety problems. Additionally, Buffalo Airfield on Clinton Street, Town of West Seneca and the Hamburg Airport on Heltz Road, Town of Hamburg are public use airports and services are available.
Finding: The Town has determined that the above mitigation is adequate.
Community Services
Impact: Development will put additional strain on the community’s police force and volunteer fire department by increasing the demand for emergency services. Development will also affect existing water and sewer systems.
Mitigation: The developer has indicated that the retail stores will provide security services. The proposed buildings will be equipped with sprinkler systems to help control a fire while the fire department is enroute to the location. In addition, a private hydrant system will be installed within the plaza. A sprinkler system and external hydrants are present at the K-Mart location and will remain independent of the proposed system.
It has been determined that the existing sewer system will be able to handle the additional waste generated by the proposed plaza. The drainage from the proposed parking lot will be routed to a detention basin before being discharged into the storm system, thereby alleviating potential sewer backups during heavy rainstorms.
Finding: The Town has determined that the above mitigation is adequate.
Noise and Odor
Impact: There is a potential for an increase in noise and odor levels as a result of the development of the retail plaza and restaurant.
Mitigation: The noise generated by this project shall not exceed ambient noise levels. A landscaped berm will be installed along the south property line, shared with the proposed apartment complex to the south, and a 100-foot conservation easement will be provided along the south property line beginning at the southeast corner of the limits of development. The easement restricts the use or development of the parcel for natural and scenic purposes.
In order to validate the noise study presented in the DEIS, once the project is completed, Benderson Development Co., Inc. shall submit comparable measurements of the noise levels at L7, as referenced in the FEIS. These measurements shall be taken at similar times and when the businesses are in operation. If the noise levels exceed the predicted 60 d.b.a., Benderson will be required to install further noise mitigation measures to effectively reduce the noise levels to match those predicted.
Trucks will not be permitted to idle while unloading, except under special circumstances such as during extreme cold temperatures or when a vehicle must idle to operate its refrigeration units. “No Idling Zone” will be marked on the pavement and on signs posted behind the plaza.
Finding: The Town has determined that the above mitigation is adequate.
Additional requirements:
1. The Certificates of Occupancy for each business in the plaza must reflect the hours of operation of the business. If a business is open after the hours indicated in the FEIS, the owner must return to the Planning Board to discuss noise control, as well as hours and intensity of lighting.
2. The parking lot lighting, except for security lighting, must be extinguished once the businesses are closed. Any extension of hours of operation beyond those stated in the FEIS will require review by the Planning Board for lighting and noise mitigation.
3. All federal wetland regulations must be complied with before a Building Permit is issued.
4. The Town of Orchard Park Town Board hereby acknowledges and requires compliance with the letter of 6/20/2001 in which Benderson Development Co., Inc. agrees to comply with certain listed maintenance standards.
Councilwoman Ackerman wanted to know if the final document will be part of the documentation and if the Petitioners will have a copy of this document. Councilman Buyer said that the Planning Coordinator will see that the Petitioners have a copy of the final findings document.
The resolution was unanimously adopted.
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 approve the request of the Benderson Development Co., for a Special Exception Use to install four (4) gasoline pumps in front of the proposed Tops Store, and site plan as recommended by the Planning Board, 6/13/2001, with the following stipulations:
§ This is an Unlisted SEQR action based on the Short EAF, and a Negative Declaration is made.
§ Fees shall be paid in accordance with Section 144-70C, of the Town Code prior to publication of the Public Hearing Notice.
§ The recommendation is contingent upon the applicant completing the project as proposed on the development plans dated 3/29/2001, Plan C-4, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
§ The proposed project is in compliance with the Town’s long range comprehensive plan.
§ The applicant has demonstrated a need for the project.
§ The project is compatible with adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land value or public safety.
§ The applicant has demonstrated an orderly flow of traffic ingress and egress.
§ The applicant has provided suitable parking facilities.
§ Landscaping, as indicated on the proposed plan, will provide adequate screening and has been approved by the Conservation Board.
§ Free areas for recreation are not required.
§ The nearness and impact on schools and utilities is not an issue
§ The health and safety of adjacent properties is not effected.
§ The design of the canopy will be reconfigured to incorporate recessed lighting and be otherwise configured as presented to the Board on Sketch 1-A, dated 6/13/2001.
§ The point-to-point lighting diagram and catalog cuts will be provided to Mr. Bernard and Mr. McGuire in a timely fashion to allow them to review this before the next regularly scheduled Town Board meeting.
§ The NPSI estimate of consumption of gas be presented to the Planning Board by June 15, 2001.
The resolution was unanimously adopted.
5) 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 for building permit for a 158,244 sq. ft. retail plaza from Benderson Development Company, for vacant land on the southeast corner of Orchard Park Road and Southwestern Boulevard. The Planning Board, 6/18/2001, recommends approval of this request and of the site plan based on Sketch C-4 and C5 A & B, and elevation plans related to that dated 6/20/2001, with the following stipulations:
§ This is a Type 1 SEQR action based on the submitted Full EAF Parts 1, 2 and 3 a FEIS with Findings.
§ All Conservation Board requirements, including a Landscape Completion Bond in accordance with the Conservation Board minutes, shall be provided for the approved Landscape Plan which includes 21.2% green space. The Landscape Completion Bond in the amount of $78,000 or a certified check for $39,000 shall be presented to the Town Clerk prior to receipt of a building permit.
§ The site lighting is limited to those fixtures and poles indicated on a site plan to be approved by Mr. McGuire and Mr. Bernard.
§ 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.
§ All agreements, covenants and understandings that are included in both the written and the taped record of any and all discussions with regard to this project shall be incorporated as conditions of this agreement.
§ All maintenance plans and agreements will be binding on all lessees, successors, transferees, or tenants.
§ There will be no building permits issued until all easements are in place.
§ There will be no building permits issued until a maintenance agreement is reached between the developer and the Planning Board.
§ There will be no building permits issued, and no construction to be started, until all aspects of the SEQR findings are met, as determined by the Town Board.
The resolution was unanimously adopted.
Old Business #3 – Local Law #2-2001 Electrical Inspection Law
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, a Public Hearing was held on March 21, 2001, in the matter of Local Law #2 for the Year 2001, which provides as follows: “Section 45-4 Electrical Inspectors and Section 45-6 Penalties for Unlawful Electrical Installation”, and
WHEREAS, 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, and
WHEREAS, the Local Law #2-2001 needed further review and was not adopted at that time
NOW, therefore
BE IT ENACTED, that the Town Board of the Town of Orchard Park does hereby amend the following sections of the Orchard Park Town Code as follows: (Deleted sections appear in brackets. Amended language is underlined.)
Section 45-4. Electrical Inspectors.
The Chief Inspector and each of the duly appointed Inspectors [of the New York Board of Fire Underwriters] of any inspection agency approved by the Town of Orchard Park under the provisions of this Chapter, are hereby authorized and deputized as agents of the Town of Orchard Park to make inspections and reinspections of all electrical installations heretofore and hereinafter described, and to approve or disapprove the same. In no event, will the cost or expense of such inspections and reinspections be a charge against the Town of Orchard Park.
Section 45-6. Penalties for Unlawful Electrical Installations.
It shall be a violation of Sections 45-4 and 45-5 for any person, firm or corporation to install or cause to be installed, or to alter electrical wiring for light, heat or power in or on properties in the Town of Orchard Park, until an application for inspection has been filed with [the New York Board of Fire Underwriters] any inspection agency, approved by the Town of Orchard Park under the provisions of this Chapter. It shall be a violation of Sections 45-4 and 45-5 for a person, firm or corporation…, or a certificate of compliance by [the New York Board of Fire Underwriters] any inspection agency approved by the Town of Orchard Park under the provisions of this Chapter.
Supervisor Toni M. Cudney Yea
Councilman John J. Mills Yea
Councilman David M. Buyer Yea
Councilwoman Nancy W. Ackerman Yea
Councilman Stanley A. Jemiolo, Jr. Yea
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 adopt the following rules for the appointment of the Electrical Inspectors:
§ The Town Board shall designate Electrical Inspectors for the period of one (1) year at the yearly Organizational Meeting.
§ All entities seeking to perform electrical inspection services for the Town of Orchard Park shall submit an application form from the Building Inspector’s office on or before December 1st of each year.
The resolution was unanimously adopted.
8) 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 appoint Commonwealth Electrical Inspector Service (CEIS) and New York Board of Underwriters as Electrical Inspectors for the Town of Orchard Park with the term to expire on 12/31/2001, as recommended by the Building Inspector:
The resolution was unanimously adopted.
Old Business #4 SEQR Determination - Milestrip Rd Yard Waste Reclamation Center & Rec Area
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION , SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Proposed Yard Waste Reclamation Center & Recreation Area at 6909 Milestrip Road is classified as a Type 1 Action under SEQRA, and on 11/17/2000 the completed EAF was distributed to all involved agencies along with a request that the Town Board be considered Lead Agency for the environmental review, and
WHEREAS, the detailed studies required by the NYSDEC for a Part 360 Permit have been finished and the preliminary design for construction of both the compost site and the playfields have been completed, and a public information meeting has been conducted, and
WHEREAS, based on the consultant’s research and the comments from other government agencies and the public, it has been concluded that the proposed project will not have an adverse affect on the environment,
RESOLVED, that the Town Board does hereby issue a negative declaration for the proposed Yard Waste Reclamation Center and Recreation Area at 6909 Milestrip Road, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #1 – Citizen’s Task Force on Trails in Orchard Park
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER TO WIT:
WHEREAS, recent events in the Town of Orchard Park surrounding the proposed Eagle Heights Nature Trails have demonstrated the need for a special commission to study the many questions and concerns raised by the Eagle Heights Nature Trail, and the larger issue of trails in a generic sense throughout Orchard Park, and
WHEREAS, the mission for the Trails Task Force will be to research the present and future wishes of the public concerning trails, jogging paths, bikeways, rails to trails, walkways and other means of paths other than sidewalks and subsequently make recommendations to the Town Board, and
WHEREAS, the Trails Task Force will make a determination on whether trails are a suitable form of passive recreation for Orchard Park, and if so a list will be compiled prioritizing sites based on: aesthetics of the area, size and scope of the project, resident interest/objection to project and cost estimates of the project, and
WHEREAS, the Town will provide: secretarial assistance, assistance from the Town GIS analyst, the Engineering Department, the Assessor and a budget not to exceed $2,500.00, and
WHEREAS, the Trails Task Force is to report back to the Town Board within six months
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby appointment the following individuals to the Citizen’s Trails Task Force in the Town of Orchard Park: Robert A. Rucker, 25 Timberlake Drive: Chairperson; Anne Bergantz, 320 Stonehenge Drive: Liaison to the Conservation Board; Audrey Ramage, 15 Daisy Lane: Liaison to the Recreation Commission; Thomas Koller, 66 North Lincoln Avenue; Richard Gernold, 6 Pine Terrace; Michael Moore, 73 Middlebury Road; Edward J. Rider, 3915 North Buffalo Road; Lyle Toohey, 1 Smokes Creek Road
Supervisor Cudney announced that the Trails Task Force is still in need of an individual from the Northern area of Town.
The resolution was unanimously adopted.
Robert Rucker came forward and stated that he does not have a strong opinion either way on the nature trails and the mission for the Task Force will be to gather information and bring it back to the Town Board for it’s determination. He also said that anyone from the community who wants to be heard regarding this issue will be given ample opportunity.
New Business #2 Appointment of Town Assessor for Oct 1, 2001 to September 30, 2007
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION , SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
WHEREAS, A. Terrance Campbell has been Town Assessor for many years, and
WHEREAS, the calendar year for Town Assessor starts in October, but due to the upcoming election season many Towns throughout Erie County are moving up the appointment date
RESOLVED, that the Town Board does hereby appoint A. Terrance Campbell as Town Assessor, effective from October 1, 2001 to September 30, 2007.
The resolution was unanimously adopted.
Councilwoman Ackerman asked to go out of order this evening, and proceed with a resolution regarding the Eagle Heights Trail that she was going to offer under her report. Prior to the resolution, Councilwoman Ackerman said that she and Supervisor Cudney have written to Albany requesting the transfer of the 1st Eagle Heights grant and to withdraw the request for the 2nd grant, without prejudice. The Town is currently waiting to hear from the NYS Parks Department. Councilwoman Ackerman then stated that the Town Board wants to make a clear statement regarding the Eagle Heights Trail to the residents and, therefore, put forth the following resolution stating that this Town Board will not put a trail in the Eagle Heights neighborhood.
Not on the Agenda - Eagle Heights Nature Trails
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, this Town Board is in the process of communicating with Commissioner Castro of the New York State Parks Department for the purpose of transferring the previously approved funding for the Eagle Heights Trail to the Birdsong trail head area in the Birdsong Parklands, and
WHEREAS, this Town Board has determined that further study of future costs and maintenance requirements must be conducted prior to consideration of trail implementation, and
WHEREAS, Town matching funds obligations required by any approved grants could be better directed toward essential and previously prioritized capital projects
NOW, THEREFORE, be it
RESOLVED, that the Town Board will not pursue construction of walking trails around the perimeter of the Eagle Heights Subdivision at this time.
The resolution was unanimously adopted.
New Business #3 NYSEG to Install Street Lighting for Chestnut Ridge Village, Part IV
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION , SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has received a proposal from New York State Electric & Gas Corporation for the installation of decorative street light fixtures in the Chestnut Ridge Subdivision, and
WHEREAS, the 50 watt H.P.S. luminaries, which are owned and maintained by NYSEG, will be placed on top of the aluminum posts that were installed by the developer under PIP #1999-02, and
WHEREAS, the posts and underground wiring are owned and maintained by the Town, and the proposal is for eleven fixtures to be installed at an annual charge of $115.19 each for a total of $1,267.09, and
WHEREAS, presently there are six homes occupied with an additional six homes under construction
RESOLVED, that the Town Board does hereby authorize NYSEG to install eleven (11) 50 watt high pressure sodium decorative light fixtures on Ashwood Lane and Acorn Circle at a cost of an annual increase of $1267.09 to the Consolidated Light District in accordance with their proposal dated April 26, 2001, as recommended by the Town Engineer.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has received a proposal from New York State Electric & Gas Corporation for the installation of decorative street light fixtures in the Stonehenge Subdivision, and
WHEREAS, the 50 watt H.P.S. luminaires, which are owned and maintained by NYSEG, will be placed on top of the aluminum posts that were installed by the developer under PIP #1998-02 & 1998-05, and
WHEREAS, the posts and underground wiring are owned and maintained by the Town, and the proposal is for twenty-four fixtures to be installed at an annual charge of $115.19 each for a total of $2,764.56, and
WHEREAS, presently there are six homes occupied with an additional nine homes under construction
RESOLVED, that the Town Board does hereby authorize NYSEG to install twenty-four (24) 50 watt high pressure sodium decorative light fixtures on Stonehenge drive, Winterhall Road, Lynch Court and Fox Meadow Drive at a cost of an annual increase of $2,764.56 to the Consolidated Light District in accordance with their proposal dated April 26, 2001, as recommended by the Town Engineer.
The resolution was unanimously adopted.
15) 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 Orchard Meadows residents to hold their annual 4th of July Parade on July 4th and to have the Highway Superintendent barricade the road for public safety.
The resolution was unanimously adopted.
New Business #6 – Niagara Frontier Home Builders Annual Home Show
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Niagara Frontier Builders Association is hosting the Grand Opening of it’s 2001 Horizons Home Show on Friday, June 29, 2001, and
WHEREAS, they are going to hold the celebration from 5:00 PM to 8:00 PM,
RESOLVED, that the Town Board does hereby authorize Niagara Frontier Home Builders to erect a tent and to close off Woodthrush Trail on June 29, 2001, for the Home Show, and be it further
RESOLVED, that the signage for this Home Show be restricted to sandwich board style signs which will be stipulated by the Building Inspector.
The resolution was unanimously adopted.
New Business #7 – Daisy Lane residents request to hold a Block Party July 14, 2001
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Daisy Lane residents to hold a Block Party, Saturday, July 14, 2001, and to have the Highway Superintendent barricade the road for public safety from 10:00 AM to 10:00 PM.
The resolution was unanimously adopted.
New Business #8 Appointments to the 2001 Spring/Summer Staff for the Recreation Department
18) 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 contingent upon the required certification, to the 2001 Spring/Summer Recreation Staff as recommended by the Recreation Director
Name Address Position Rate
Katie McGravey 13 Mt. Airy Court A $ 5.75
Aisha Bosiey 1430 Southwestern Blvd. A $ 5.75
Sarah Jane Saab 18 Braunview Way A $ 5.95
Christopher Morin 7884 East Quaker A $ 5.75
The resolution was unanimously adopted.
19) 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 the following to the Planning Board and the Conservation Board: 1) Stadium Mobil, 3856 Southwestern Blvd. Requesting to convert a two bay carwash into a subway sandwich shop, and 2) Delia Car Company, property located on the southwest corner of Southwestern Blvd. and Milestrip Road. Requesting to rezone the property from I-1 (Industrial) classification to B-2 Commercial Classification with additional request for a Special Exception Use allowing an auto dealership.
The resolution was unanimously adopted.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town wishes to support groups that provide significant recreational opportunities to Town Residents, and
WHEREAS, the Orchard Park Little Loop Football, Inc. and the Orchard Park Pengiuns synchronized Swim Club provide excellent recreation opportunities to Town residents at a very reasonable cost, and
WHEREAS, these groups have requested Town assistance in funding their activities and such funding is available within an appropriation account in the General Fund
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the transfer of budgetary appropriations in the 2001 adopted budget, as follows:
$10,000 From: A.1910.000.419 Contingent To: A.7020.000.481 OP Little Loop Football
$ 5,000 From: A.1910.000.419 Contingent To: A.7020.000.487 OP Penguins Synchronized Swimming
The resolution was unanimously adopted.
21) 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 approve the following budget transfer for Parks & Grounds, as recommended by the Highway Superintendent.
$ 1,000 From: A.7110.000.476 Upstream Testing To: A.7110.000.449 Channel Cleaning
The resolution was unanimously adopted.
Supervisor Cudney commented on the following: 1) Assemblyman Brian Higgins has secured $4000.00 in local initiative funding for new equipment for community playgrounds in Orchard Park. 2) The next Town Board meeting will be on Monday, July 2nd due to the 4th of July being on Wednesday, the regular meeting day. 3) Erie County has put out a request for proposals for the Rural Transit Van contract that will run from 6/1/02 to 5/31/07. Anyone interested can contact Supervisor Cudney. 4) Chamber of Commerce has a phone hotline for information regarding the Rt.244/270 reconstruction information updates. 5) Census Information has been received, Town population is now 27,637, information is available in the Town Clerk’s office. 6) A Brick Brigade has been formed by the Millennium Committee that will meet at the gravel pit on Saturdays from 9:00 to 11:00 am to salvage the old bricks from the roads for McFarland Park, and 7) The Supervisor’s next coffee will be held at the gravel pit to work on the bricks for McFarland Park.
Councilman Mills stated the Town Board had their final meeting with the Trowbridge Group, the landscape architects for the Campus Plan, and said everything went well. The final price tag for this project is going to be in the $2 million dollar range. The Town Board is going to file for federal and state grants to help with this project.
Councilman Buyer stated that in regard to the mission of the Trails Task Group, the topic of sidewalks was not included, and this will be an issue in Orchard Park. With the 240/277 reconstruction, New York State is putting in sidewalks, and will be doing the same on future construction on Southwestern Blvd. The Town was never asked if it wanted these sidewalks, but are now going to be responsible for them. Councilman Buyer would like to see the Town institute legislation making the businesses along Southwestern Blvd & Milestrip Road responsible for the maintenance of the soon to be built sidewalks. He also talked about the recent accident in Amherst, along Niagara Falls Blvd., where unmaintained sidewalks caused several fatalities. Now the Town of Amherst is in litigation over the accidents, therefore, the liabilities surrounding sidewalks and their maintenance should be addressed.
22) 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 appoint Wendy Miller Backman, 32 Ferndale, to the Recreation Commission to fill the unexpired term of Jane Bartlett who has resigned from the commission.
The resolution was unanimously adopted.
23) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, Charles and Carol LaMartina, 6191 A Ward Road, Town of Boston have applied to be Out-of-District Water customers, and
WHEREAS, the Town Board of Boston has approved this and the Orchard Park Town Engineer determined that we have adequate capacity,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the request of Charles & Carol LaMartina to become Out-of –District Water customers, and be it further
RESOLVED, that this is subject to the execution of all the proper agreements, as recommended by the Town Attorney.
The resolution was unanimously adopted.
24) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, there is drainage work that needs to be done on property owned by Marvin and Betty Zittel who reside at 6983 Boston State Road, Hamburg, NY in the Zittel Subdivision on Seufert Road and
WHEREAS, they have provided the Town with a temporary construction easement for ingress and egress to the premises for the construction of a permanent drainage system and easement,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby accept the easements of Marvin and Betty Zittel in order to do drainage work on their property, as recommended by the Town Attorney.
The resolution was unanimously adopted.
25) 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 Highway Superintendent to purchase a truck equipped with a plow and dump body off the State Contract from International Truck and Engine, Albany, New York for the amount of $84,305.00.
The resolution was unanimously adopted.
26) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #12, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$65,925.56 |
|
Part Town Fund |
$280.91 |
|
Risk Retention |
$1,410.00 |
|
Highway Fund |
$12,290.86 |
|
Special Districts |
$74,032.04 |
|
Trust & Agency |
$1,049.73 |
|
Capital Fund |
$27,754.26 |
The resolution was unanimously adopted.
27) 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 receive and file the following Communication as entered on the agenda: United States Department of Commerce US Census Bureau-Profile of General Demographic Characteristics: Census 2000.
The resolution was unanimously adopted.
28) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Report as entered on the agenda: Building Inspectors Monthly Report and Building Permit for May 2001.
The resolution was unanimously adopted.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Supervisor Cudney, the meeting was adjourned at 8:18PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk