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 16th day of May 2001 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were:
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
John J. Mills Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, the minutes of the Town Board Meeting held on April 18th, 2001 as presented by the Town Clerk are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
The resolution was unanimously adopted.
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties in the matter of the Joint Increase and Improvements of Facilities of Water Districts Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, and all extensions thereto, in the Town of Orchard Park, in the County of Erie, New York, pursuant to Section 202-b of the Town Law. At such time all interested persons will be given an opportunity to be heard.
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.
Supervisor Cudney asked Town Engineer Mike Merritt to comment on this project and the proposed bonding.
The Town Engineer stated the following: This project is the North Buffalo Water Replacement Project, associated with the New York State Department of Transportation’s reconstruction of Rt. 240/277 between Clark Street and the Five Corners (Rt. 20). Along this route most of the areas have waterlines that are in conflict with the reconstruction, and a few have waterlines that are not. A few years back, Malcolm Pirne was hired to do a Town Wide Comprehensive Water Study. The recommendation from this study is going to result in the improvements to our water system. The study showed that in the north area of the town, growth has exceeded the capacity of the water lines, some of which are up to 72 years old and subject to many problems. The recommendation is to replace all these lines with 12-inch lines.
When the State evaluated the construction, they took into consideration the waterlines that would conflict with the reconstruction, and the State has incorporated the replacement of those lines that conflict with their work into the reconstruction, at their expense. The total cost of the waterline replacement is $1.4 million dollars, with the State picking up $1 million dollars of the work. Town Engineer Merritt also stated the NYSDOT will also do the work on the Town’s portion of the waterlines, which will cost the Town the remaining $400,000.00. So the timing of this reconstruction project is good for the town, as the water line replacement is an absolutely needed improvement for the existing areas that suffer from poor water pressure and inadequate fire protection. The tax on the water districts will be 3 cents per thousand assessments for this project.
Comments from the floor:
Marvion Ashburn, 6326 Benning Rd.: He wanted to know why the town had to borrow the money when it has money set aside in the water districts, and why the whole town had to pay for improvements in the two districts that are receiving the new water lines.
Town Engineer, Michael Merritt explained that the recommendations are based upon the town’s plan to consolidate all forty-one (41) Water Districts. The town has all these water districts because of necessity years ago, when one small area of the town grew, and then wanted public water, a water district was formed in that particular area, and the residents of that area funded the improvements. But, that has changed over the years. The North Buffalo Road line, even thought it is physically lies within Water Districts 4 & 8, is going to serve many other districts that will feed off of these districts. When, the Town interconnects the water lines, this improvement will provide fire protection, which is inadequate now, to the High School, and the Eggert Road School, which is a responsibility of the entire Town. This is why the consultant recommends this be assessed to the whole town, the improvement is not just for water districts 4 & 8. Also, when the town does consolidate water districts, any improvements that happen in the future, in any of the other areas, will be also be assessed to the entire town.
Caroline Cappola, 127 Middlebury: She wanted to know if this was going to affect the businesses on Buffalo Street.
Susan Braem, 7295 Jewett Holmwood Road: She wants the waterlines put in so that the schools are adequately protected.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing to hear all interested parties in the matter of the Joint Increase and improvements of Facilities of Water Districts Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, and all extensions thereto, in the Town of Orchard Park, in the County of Erie, New York, pursuant to Section 202-b of the Town Law is hereby closed at 7:15 P.M., (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, In the Matter of the Joint Increase and Improvement of Facilities of Water District Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, and all extensions thereto, in the Town of Orchard Park, in the County of Erie, New York, pursuant to Section 202-b of the Town Law.
WHEREAS, the Town Board of the Town of Orchard Park (herein called “Town Board” and “Town”, respectively), in the County of Erie, New York, on behalf of Water District Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and all extensions thereto, in the Town (herein collectively referred to as the “Districts”), has requested Malcolm Pirnie, Inc., engineers duly licensed by the State of New York (herein called “Engineer”), to prepare a preliminary map, plan and report for the joint increase and improvement of facilities of the Districts, consisting of the replacement of 4-inch, 6-inch, and 8-inch waterlines with a 12-inch waterline and replacement of portions of other connecting waterlines that connect to the North Buffalo Road waterline with 8-inch, 10-inch, and 12-inch waterlines as required and all appurtenances (valves, fittings, etc.) required in connection with the increase and improvement of such facilities, and all original furnishings, equipment, machinery and apparatus required in connection therewith, at a cost not to exceed $1,380,000, however the Town shall only be responsible for $400,000 of such cost, the balance to be funded by the NYSDOT, and said cost to the Town shall be funded by the issuance of serial bonds of the Town in the amount of $400,000; and
WHEREAS, the Engineer completed such map, plan and report and estimate of cost and filed same with the Town Board, the Town Board thereafter adopted an Order describing in general terms the proposed joint increase and improvement of the facilities, specifying the estimated cost thereof, and stating that the Town Board would meet to hear all persons interested in said joint increase and improvement of facilities on May 16, 2001 at 7:00 o’clock PM (Prevailing Time) at the Town Hall; and
WHEREAS, copies of such Order, certified by the Town Clerk, were duly published and posted pursuant to the provisions of Article 12 of the Town Law; and
WHEREAS, such public hearing was duly held by the Town on the 16th day of May, 2001 at 7:00 o’clock PM (Prevailing Time) at the Town Hall, Orchard Park, New York, in the Town, and considerable discussion on the matter having been had and all person desiring to be heard having been heard, including those in favor of and those in opposition to said joint increase and improvement of the facilities; and
WHEREAS, the Town Board has given due consideration to the impact that the joint increase and improvement of facilities of the Districts may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused thereby; and
WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law;
DETERMINED, that it is in the public interest to jointly increase and improve the facilities of the Districts as hereinabove described and referred to at the estimated maximum cost of $1,380,000, however the Town shall only be responsible for $400,000 of such cost, the balance to be funded by the NYSDOT, and said expense to the Town shall be funded by the issuance of serial bonds of the Town in the amount of $400,000; and it is hereby
ORDERED, that the facilities of the Districts shall be so jointly increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said joint increase and improvement of the facilities and with the assistance of the Town Attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimated and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby
FURTHER ORDERED, that the Town’s portion of the expense of said joint increase and improvement of facilities shall be financed by the issuance of not to exceed $400,000 serial bonds of the Town, and the costs of said joint increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be annually apportioned among the Districts by the Town Board and the amount so apportioned shall be levied and collected from the several lots and parcels of land within each District by
the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of an interest on said bonds.
The question of the adoption was duly put to a roll call vote, which resulted as follows:
Toni M. Cudney, Supervisor Aye
John J. Mills, Councilman Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
Stanley A. Jemiolo, Jr., Councilman Aye
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, Bond Resolution of the Town of Orchard Park, New York, adopted May 16, 2001, Authorizing $400,000 for the Joint Increase and Improvement of Facilities of Water District Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and all Extensions thereto, stating the estimated maximum cost thereof is $1,380,000, Appropriating said amount therefor, Authorizing $980,000 of such work to be performed by the New York State Department of Transportation at no cost to the Town, and Authorizing the issuance of $400,000 Serial Bonds of said Town to Finance the Balance of said Appropriation.
WHEREAS, following preparation of a map, plan and report for the joint increase and improvement of facilities of Water District Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, and all extensions thereto (herein collectively referred to as the “Districts”), in the Town of Orchard Park (herein called “Town”), in the County of Erie, New York, and after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to jointly increase and improve the facilities of the Districts, and ordered that such facilities be jointly increased and improved
RESOLVED, by the Town Board of the Town of Orchard Park, in the County of Erie, New York (by the favorable vote of not less than two-thirds of all the members of said Town Board) as follow:
Section 1. The Town hereby appropriates the amount $1,380,000 for the joint increase and improvement of facilities of the Districts, consisting of the replacement of 4-inch, 6-inch, and 8-inch waterlines with a 12-inch waterline and replacement of portions of other connecting waterlines that connect to the North Buffalo Road waterline with 8-inch, 10-inch, and 12-inch waterlines as required and all appurtenances (valves, fittings, etc.) required in connection with the increase and improvement of such facilities, and all original furnishings, equipment, machinery and apparatus required in connection therewith, all in accordance with the map, plan and report prepared by Malcolm Pirnie, Inc., engineers duly licensed by State of New York, on file in the office of the Town Clerk and hereby approved.
The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,380,000, and said amount is hereby appropriated therefore. The plan of financing includes the $980,000 of work to be performed by the New York State Department of Transportation at no cost to the Town, and issuance of $400,000 serial bonds of the Town to finance the balance of said appropriation, and the amount so apportioned shall be levied and collected from the several lots and parcels of land within each District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of an ad valorem tax, without limitation as to the rate or amount, sufficient to pay the principal of and interest on said bonds.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $400,000, pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to finance a portion of said appropriation.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness of the specific object or purpose for which said $400,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.
(c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bonds anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 7. This resolution shall take effect immediately.
AND, BE IT FURTHER
RESOLVED, that the Town Clerk is hereby directed to publish the foregoing bond resolution, in full, in the “Southtowns Citizen,” a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication, together with the statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York, and be it further
RESOLVED, this resolution shall take effect immediately.
The question of the adoption was duly put to a roll call vote, which resulted as follows:
Toni M. Cudney, Supervisor Aye
John J. Mills, Councilman Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
Stanley A. Jemiolo, Jr., Councilman Aye
The resolution was unanimously adopted.
Old Business #1 Benderson Development, Southwestern Blvd, request for a Building Permit
5) 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 accept the Final Impact Statement from Benderson Development, vacant land southeast corner of Southwestern Blvd., and Orchard Park Road, Zoned B-2, request for a Building Permit to construct a [JAC1]± 158,244 square foot retail plaza.
The resolution was unanimously adopted.
Old Business #2 4025 N. Buffalo St., request for rezoning by John Bray
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, a Public Hearing, Wednesday, May 2, 2001 was held to hear all interested parties for or against the adoption of the proposed Amendments to the Zoning Map of the Town of Orchard Park, to rezone a portion of back land, located at S4205 North Buffalo Road, from R-2 and unclassified to B-3 to construct a garden center, as petitioned by John Bray, and
WHEREAS, a complete metes and bounds description of this property is on file in the Town Clerk’s Office for on site inspection during regular business hours, 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
RESOLVED, that upon the Petition of John R. Bray, the Zoning Map of the Town of Orchard Park is hereby amended to rezone those lands referred to in the Petition of John Bray located on the east side of North Buffalo Road near the intersection of North Buffalo Road and Sunset Terrace from R-2 to B-3, further described as follows:
ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Orchard Park, County of Erie and State of New York, being part of Lot 16, Township 9, Range 7 of the Holland Land Company’s Survey, bounded and described as follows:
COMMENCING at a point in the east line of North Buffalo Road at its intersection with the north line of lands conveyed to Bray as recorded in the Erie County Clerk’s Office in Liber 10257 of deeds at page 216: THENCE easterly along the north line of said lands conveyed to Bray a distance of 317.82 feet to the Point or Place of Beginning; THENCE continuing along the north line of said lands conveyed to Bray a distance of 611.21 feet; THENCE southerly at an interior angle of 93°14’04” a distance of 155.53 feet; THENCE westerly at an interior angle of 86°45’56” parallel with the north line of said lands conveyed to Bray a distance of 430.69 feet; THENCE southerly at an exterior angle of 86°45’56” a distance of 374.72 to the south line of said lands conveyed to Bray; THENCE westerly along the south line of said lands conveyed to Bray at an interior angle of 90° a distance of 129.92 feet; THENCE northerly parallel with North Buffalo Road at an interior angle of 97°41’42” a distance of 359.16 feet; THENCE northerly parallel with North Buffalo Road at an interior angle of 173°11’12” a distance of 144.53 feet to the point or place of beginning, containing 2.97 acres more or less, and be it further
BE IT FURTHER RESOLVED, that no building permit or certificate of occupancy be issued with respect to said premises under the above referenced amended district classification except in accordance with the plans and conditions of use as submitted herein or as revised to meet the requirements of the Town Board; and
BE IT FURTHER RESOLVED, that a copy of this resolution be filed with the Erie County Clerk’s Office; and
BE IT FURTHER RESOLVED, that the Clerk is directed to publish a copy of this resolution in the official newspaper.
Supervisor Cudney said she is going vote in the negative on this resolution, not because she is opposed to the project, but she feels it will be setting a bad precedent. Currently the B3 zone extends back 350 ft. from N. Buffalo Rd, this rezoning will extend the B3 zone another 600+ feet back into the residential area. Supervisor Cudney feels that other businesses will want to do the same thing if this is approved.
Councilman Mills said the rezoning of this property is going to be for a garden center only, as stipulated by the resolution, and the Planning Board will see that adequate safeguards for buffers are put in place.
Toni M. Cudney, Supervisor Nay
John J. Mills, Councilman Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
Stanley A. Jemiolo, Jr., Councilman Aye
The resolution was duly adopted.
Old Business #3 Eagle Heights Nature Trails Pre-filed Resolution
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, this Town Board, on February 21, 2001, adopted the following resolution:
“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 requesting $78,900 for the construction of the Eagle Heights Connector Trail, a pathway that will link the Eagle Heights Nature Trail with the surrounding residential neighborhoods. The Town of Orchard Park will contribute $150,000 in in-kind land, labor and materials to the proposed project.”
WHEREAS, this Town Board has determined that the great majority of residents living adjacent to the proposed trail opposed the construction of such trail; and
WHEREAS, it is the obligation of this Town Board to act upon the wishes of the constituents of this Town Board, and
WHEREAS, this Town Board hereby determines that it acted precipitously in adopting the above referenced resolution, having failed to consider the economic and social impacts of the above referenced resolution
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby rescind the above referenced resolution of 2/21/01.
Before the vote was taken Councilman Buyer put forth the following resolution:
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 table the resolution presented by Councilman Mills, seconded by Councilman Jemiolo until such time as the Town is so notified by the State of New York whether or not the grant monies for the Eagle Heights Connector Trail, should it be granted to the Town, can be used for another purpose other than the Eagle Heights Connector Trail.
On the question, Councilman Buyer said the vote proposed by Councilman Mills has been perceived by the public as a revote on the Eagle Heights Nature Trails. This is not a revote on the Nature Trails, as the Eagle Heights Nature Trails were never voted on in the first place. The original resolution was to apply for a grant that would have been used for that purpose. The resolution proposed by Councilman Mills tonight is to rescind the resolution asking for the grant money. There has been some discussion that maybe the grant monies, if granted, could be used for another acceptable purpose.
Councilman Buyer said if we can get the grant monies and use it for other purposes, let’s do it. But we need to find out if we can do that before we shut the door on receiving the grant from New York State.
Councilwoman Ackerman wanted to assure the public that the Town Board will, with due diligence, follow through and contact the New York State Parks Department to find out if the grant is indeed transferable to other acceptable uses.
Councilman Mills stated that he feels this is prolonging a situation that should be brought to closure this evening. He feels the Eagle Heights residents do not want this trail and that it is not a cost effective project, therefore it does not make sense to pursue this project.
Councilman Jemiolo said he thought that when the grant monies were applied for, that they would be for a specific project, and if the monies are out there, this project will go through. He is aware of opposition against the trail in Eagle Heights and therefore he is going to vote against the tabling tonight.
Supervisor Cudney gave an overview of Recreation Lands in lieu of monies, and Land Conservation zoning. She said that she has spoke to people on both sides of the nature trail issues and realizes that many question have arisen and that they’re some legitimate fears surrounding the issue. She also stated that she would like to propose a task force to take on this question and make recommendations to the Town Board. This task force would consist of seven people, two from Eagle Heights, two from the Town at large, one from the Village, a representative from the Recreation Commission and one from another Town Board committee, and a non-voting member from the State Parks who has experience in trails. This task force would be given the list of concerns raised by the Eagle Heights trails as their agenda items, to answer and make recommendations to the Town Board and it should not take more than six months to come to consensus. She is going to do this at the June 6th meeting.
Supervisor Toni Cudney Aye
Councilman John Mills Nay
Councilman David Buyer Aye
Councilwoman Nan Ackerman Aye
Councilman Stanley Jemiolo Nay
The resolution was duly adopted.
8) 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 approve the request of Gymnastics Unlimited, 70 Weiss Avenue, for a Building Permit and Site Plan, to construct a 14,000 square foot gymnastics facility, as recommended by the Planning Board, 5/9/01, with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Full EAF Parts 1 and 2, and a Negative Declaration is made.
§ A Landscape Completion Bond, in the amount of $5930.00, or a certified check in the amount of $2965.00, must be presented to the Town Clerk prior to the receipt of a building permit, in accordance with the Conservation Board minutes, and for the approved Landscape Plan which includes 49.9% green space.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan. It was determined that the two (2) 400-watt pole fixtures with flat lenses are acceptable. The three-(3) 250-watt and three-(3) 100 watt wall pack are acceptable but the fixture design must be resubmitted to provide a more shielded bulb, for Planning Board approval.
§ 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 petitioner will resubmit a drawing detailing the stockade fencing around the dumpster area.
§ Right of entries for off site work shall be obtained by the petitioner.
§ The Planning Board authorizes Mr. McGuire to review and give final approval to the resubmitted lighting fixtures.
The resolution was unanimously adopted.
Old Business #5 Taylor-Pohlman, 3925 California Rd., request for a Building Permit
9) 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 Taylor-Pohlman, 3925 California Rd, for a Building Permit and Site Plan, to construct a 15,000 square foot cold storage building, as recommended by the Planning Board, 5/9/01, with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Full EAF Parts 1 & 2 and a Negative Declaration is made.
§ A Landscape completion Bond is not required by the Conservation Board
§ The site lighting is limited to those fixtures to be presented on the resubmitted site plan. That resubmitted site plan showing the recommended lighting must be approved before the Certificate of Occupancy is granted.
§ No outside storage or display is permitted
§ No additional dumpsters are proposed for the site.
§ Reduced parking is recommended for 151 parking spaces in lieu of 184 parking spaces per Section 144-29A(2). The Planning Board may require the additional 33 spaces that are held in reserve at a future time if deemed necessary by the Town.
§ The Town Engineering Approval has been granted.
The resolution was unanimously adopted.
Old Business #6 Verizon Inc., 321 Sunset Terrace., request for a Building Permit
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 approve the request of Verizon, 321 Sunset Terr., for a Building Permit and Site Plan, to construct 1,100 square foot building addition, as recommended by the Planning Board, 5/9/01, with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Full EAF Parts 1 & 2, and a Negative Declaration is made.
§ A Landscape Completion Bond in the amount of $1700.00 or a certified check in the amount of $850.00 must be presented to the Town Clerk prior to receipt of a building permit, in accordance with the Conservation Board minutes, and the Landscape Plan which includes 68% green space.
§ The site lighting is limited to those fixtures to be presented on the resubmitted site plan. That resubmitted site plan showing the recommended lighting must be approved before the Certificate of Occupancy is granted.
§ No outside storage or display is permitted.
§ Dumpsters as show shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
§ There were no Town Engineering concerns with regard to this addition.
Councilman Jemiolo stated that he was going to recuse himself from this vote as for his wife works for Verizon.
Supervisor Cudney Aye
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman Jemiolo Abstain
The resolution was duly adopted.
Old Business #7 Regent Development, vacant land on Sterling Dr., request for a Building Permit
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Regent Development, vacant land on the West Side of Sterling Drive, for a Building Permit and Site Plan, to construct a 15,000 square foot multi-tenant office building, as recommended by the Planning Board, 5/9/01, with the following stipulations:
§ This is an Unlisted SEQR Action based on the submitted Full EAF Parts 1 & 2, and a Negative Declaration is made.
§ A landscape completion bond in the amount of $14,413.00 or a certified check in the amount of $7206.50 shall be submitted to the Town Clerk prior to receipt of a building permit, in accordance with the Conservation Board minutes, and the approved landscape plan which includes 60.6% green space.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan. The petitioner will submit fixture cuts for the proposed light fixtures for the site, specifying models, to be reviewed by Mr. McGuire or Mr. Bernard for their approval. The lighting shall include timers to terminate lighting at midnight.
§ 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 petitioner will provide drainage easements, which are requested by the Town Engineering Department.
§ If parking seems to be insufficient to the Building Inspector prior to issuance of any Certificate of Occupancy, the petitioner will return to the Planning Board to provide for additional parking.
The resolution was unanimously adopted.
Old Business #8 Tan Luong, 5490 Lake Ave., request for a Building Permit
12) 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 Tan Luong, 5490 Lake Ave, for a Building Permit, to construct a non-conforming building damage by fire, as recommended by the Planning Board, 5/8/01, with the following stipulations:
§ This is a Type II SEQR action.
§ This is approved and permitted by Section 144-61B of the Town Code.
§ Dumpster(s) on the site shall be screened with fencing and shrubs, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town has finalized the plans for the use of the 54 acre parcel of vacant property that the Town purchased from the Warning family, that is backland, located on the south side of Milestrip Road and west of Baker Road and is the site of a former gravel pit, and
WHEREAS, the Town plans to use the eastern portion of the site for composting organic yard waste, and the western portion of the site will be used for active recreation and open greenspace
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby schedule a Public Informational Meeting for Wednesday, May 23, 2001 at 7:00 PM in the basement meeting room of the Municipal Center, 4295 South Buffalo St., to discuss the proposed Yard Waste Reclamation Center and Recreation Area on Milestrip Road.
The resolution was unanimously adopted.
New Business #2 WNY Railway Historical Society
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Western New York Railway Historical Society to put up a tent on Town owned property next to the Orchard Park Depot for a dinner meeting on 6/22/01, and be it further
RESOLVED that they provide appropriate insurance as required and subject to the Town Attorney’s review once they submit it.
The resolution was unanimously adopted.
New Business #3 Recreation Dept. Spring/Summer Staff Appointments
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby appoint the following to the Recreation Departments Spring/Summer Staff, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director:
Name Address Position Rate
Casey Lefevre 6444 West Quaker St. A $5.75
Mike Lindstrom 6235 Scherff Rd. A $5.75
Brian Bonner 10 Fir Top L $6.40
Amanda Lullo 6314 Armor Rd. L $5.95
Kevin Donohue 49 Old Orchard Lane A $5.95
Roger Herman 150 Squire Dr. A $5.95
Sara Ceislinski 6137 Berkley Dr. S $6.75
Greg Campbell 169 Highland Ave. L $7.50
Elizabeth Bakhtin 4391 S. Buffalo St. S $6.75
The resolution was unanimously adopted.
New Business #4 2nd Annual Family Fun Run to Benefit Local Charities
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Daniel Blake to hold the 2nd Annual Family Fun Run, to benefit local charities, on October 20, 2001.
The resolution was unanimously adopted.
New Business #5 Chamber of Commerce requesting to hold 4th of July Parade
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Chamber of Commerce to hold the 4th of July Parade, with a rain date of July 5th. The parade will assemble at the Orchard Park High School, on Baker Road at 7:00 PM and leadoff at 8:00 PM.
The resolution was unanimously adopted.
New Business #6 E-Government Summit to be held May 17, 2001
18) 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 Shane Dettman, GIS analyst, to attend the 2nd “E-Government Summit” on May 17, 2001 at the Eden Town Hall, at no expense to the Town.
The resolution was unanimously adopted.
19) 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 approve the request of the Orchard Park Cooperative Nursery School to hold their Annual Picnic at Green Lake on Tuesday, May 29, 2001 from 10:30 AM to 12:30 PM, with a rain date of May 30, 2001.
The resolution was unanimously adopted.
New Business #8 St. John’s Evangelical Lutheran Church to have pre-school picnic at Green Lake
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of St. John’s Evangelical Lutheran Church to hold a pre-school picnic at Green Lake on May 24, 2001, from 9:30 AM until 3:00 PM.
The resolution was unanimously adopted.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Mike Carl, who has worked for the Engineering Department as a seasonal employee last summer, has applied for the job again this year, and is an excellent worker who the Department would like to have back
RESOLVED, that the Town Board does hereby appoint Michael Carl, 18 Briar Hill Road, Orchard Park New York, to a seasonal position in the Engineering Department for a fourteen-week period beginning May 21, 2001 at a wage rate of $7.50 an hour, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #10 Seasonal Appointment for the Sewer & Water Department
22) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, funds have been allocated in the 2001 budget for a seasonal employee in the Sewer & Water Department, and
WHEREAS, after advertising for this position, the Town received only one application
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby appoint Mr. Joshua Ford, 3414 Orchard Park Road, Orchard Park New York, to a seasonal position in the Sewer & Water Department for a fourteen-week (14) period beginning May 21, 2001 at a wage rate of $7.00 an hour, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #11 Orchard Glen Retirement Community’s request for a temporary sign
23) 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 the Orchard Glen Retirement Community to place a temporary sign on the corner of Armor Duells & Armor Road for 7 days for their Antique Show & Open House to the Building Inspector.
The resolution was unanimously adopted.
Supervisor Cudney announced that Frank Newton, of Bunting Road, has again been appointed to the Erie County Environmental Management Council. Frank has served on this council since it has been formed, and will now serve another two-year term. Supervisor Cudney recognized Mr. Newton and thanked him for all he has done. She also stated she and the Town Engineer attended a meeting with the contractor for the Rt. 240/277-road reconstruction and the NYSDOT, and the contractors are expected to be out by next week, with actual road reconstruction beginning in June. The full report is in the Supervisor’s office, and the Orchard Park Chamber of Commerce has a web site that the residents may access regarding the reconstruction. She also announced that the Erie County Department of Senior Services selected an Orchard Park resident as one of the Erie County’s 2001 “Senior Volunteers of the Year”, Ruby M. Morris. Ruby has lived 65 of her 96 years as a resident of Orchard Park, and has volunteered at Meals on Wheels, the Historical Society, American Red Cross, Friends of the Night People and Mother’s Day out co-op nursery. Supervisor Cudney sent Ruby a Commemoration Proclamation on behalf of the Town Board.
24) 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 award the installation of new electrical wiring to upgrade the Senior Center from 200 amps to 400 amps service to Simoncelli Electric, 3730 California Road, Orchard Park New York, being the lowest bidder at $3,250.00
The resolution was unanimously adopted.
25) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, 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,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby schedule a Public Hearing on the following proposed amendment to the town of Orchard Park Zoning Ordinance for June 20th, 2001 at 7:00 PM (local time) to rezone vacant land on the east side of Taylor Road from I-1 to R-3. A complete metes and bounds description of this property together with a surveyor’s map is on file in the Town Clerk’s office, and be it further
RESOLVED, that the Orchard Park Planning Coordinator prepare an Environmental Assessment Form for review by this Town Board with respect to each of the proposed amendments to the Zoning Map, and be it further
RESOLVED, that the Orchard Park Planning Coordinator forward to the Erie County Department of Planning a copy of this Resolution pursuant to 239(M) of the General Municipal Law, and be it further
RESOLVED, that a notice of the proposed amendments to the Zoning Map be published in the official newspaper and that the notices be forwarded to the owners of the properties which are subject of the proposed amendments and to the neighboring properties as set forth in the Zoning Ordinance.
Councilman Buyer said it should be noted that a few years ago this particular site had the same rezoning request denied by the Town Board. The petitioner came before the Town Board to request the rezoning from I-1 to R-3, to build up-scale apartment units. After the denial, the decision by the Town Board was taken to trial, and the decision upheld.
Councilman Mills stated that the proposed expansion of the industrial zone on that road has been abandoned by the people interested in the expansion. The property in question has been sold to the developer who originally applied for the rezoning, and the Zoning Commission felt that this area would make a good buffer zone as this land has changed hands from an industrial developer to a residential developer.
The resolution was unanimously adopted.
Councilman Buyer thought Supervisor Cudney’s idea for a “Trails Task Force” an excellent one, and hoped this task force would have a mission statement that would focus on the concept of trails in general through out the entire Town. He said what may have been a good idea twenty years ago may not be now, this all needs to be discussed and studied to see if it is an appropriate idea here. The appointment of a “Trails Task Force” was one of the recommendations that came from the Recreation Commission.
Councilwoman Ackerman stated there is going to be a Hazardous Day drop off for computers and computer equipment on Saturday, May 19th from 9:00 AM to 2:00 PM at the north campus of the University of Buffalo. She also stated that the Household Hazardous Waste Day for the southtowns is going to be on June 23rd, 2001 at Erie Community College from 9:00 AM to 2:00 PM. She also stated that the Orchard Park Library was able to raise $21,548.00. The funds were needed to obtain a matching grant from the State of New York of $4000.00 and from the County $8000.00. These funds are going to be used for computer items in the Library.
26) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, there has been a dispute pending with regards to Hobby Lane and the Hobby Lane turnaround that needs legal attention, and
WHEREAS, the Town Attorney has represented one of the owners of the land in connection with the turnaround, and the Deputy Town Attorney has indicated that he has a conflict because of his relationship with one of the other owners of that turn around, therefore neither can represent the Town in this situation.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby retain the services of Michael Perley as outside counsel in the matter of the Hobby Lane turnaround, at the rate of $130.00, as recommended by the Town Attorney.
The resolution was unanimously adopted.
Town Engineer, Mike Meritt, stated that as well as the Public Information Meeting for the proposed compost site on Milestrip Road on 5/23/01, the Town is also going to hold another Public Information Meeting regarding the Town Wide Comprehensive Water Study results on Tuesday, May 29, 2001 at 7:00 PM (local time). The preliminary report is now available in the Engineers office for anyone who would like to review it. The report recommends about $6 million worth of water line improvements to address all the current problems throughout the Town. The Town Engineer also announced the retirement of one of the Sewer and Water Departments long time employees, John Hoyler. John served the Town for twenty-five years and was a loyal and dedicated employee who served the Town and the public well. Mr. Merritt wished him well in his retirement and happiness in the future.
27) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #10 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$232,602.56 |
|
Part Town Fund |
672.75 |
|
Risk Retention |
$63.64 |
|
Highway Fund |
60,143.06 |
|
Special Districts |
216,964.63 |
|
Trust & Agency |
15,038.18 |
|
Capital Fund |
289,532.49 |
The resolution was unanimously adopted.
28) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Report as entered on the agenda: Building Inspector’s Monthly Report & Building Permits for April 2001.
The resolution was unanimously adopted.
Nick Tanniff, 279 Summit Avenue: He wanted to know if some of the monies from the grant could be used in the area around Summit Avenue and Diversified Control.
Dr. Eugene Kalmuk, 140 Middlebury Road: He is against Eagle Heights Nature Trail.
Mike Moore, 73 Middlebury Road: He is against Eagle Heights Nature Trail
Chris Sasiadek, 275 Summit Avenue: He would like to have a Nature Trail in his backyard.
John Kanicki, 37 Middlebury Road: He is against Eagle Heights trail, but is in support of seeing if the grants monies can be used elsewhere.
John Brennan, 135 Middlebury Road: He stated he is against Eagle Heights trail.
Steve Dina, 9 Swallow Lane: He stated he is against Eagle Heights trail.
Carolyn Cappola, 127 Middlebury: She stated she was against Eagle Heights trail, use the money to update the parks and other recreational uses.
Tom Pieczynski, 52 Pawtucket: He stated he is against Eagle Heights trail
June Brennan, 135 Middlebury Road: She stated she is against Eagle Heights trail, wanted to know how the appointments would be made to the task force, and she said she would be willing to serve on the task force.
Billy Heywood, 41 Middlebury Road: He stated he is against Eagle Heights trail.
Tom Gumkowski, 53 Middlebury Raod: He stated he is against Eagle Heights trail
Marvion Ashburn, 6326 Benning Road: He objects to all the trees coming down along Orchard Park Road for the 240/277 road reconstruction, he feels this is going to destroy the Town as we know it.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 9:10 PM.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk