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 April 2003 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
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Samuel McCune Chief of Police
Wayne Bieler Town Engineer
ABSENT: Stanley A. Jemiolo Councilman
Ronald A. Geitter Superintendent of Highway
Dave Holland Asst. Building Inspector
The Supervisor read the following into the record: Any person appearing before this board who is a relative of, or who has a financial or business relationship with any officer or employee of the Town of Orchard Park, must disclose the nature and extent of such relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on March 19, 2003 & April 2, 2003, as presented by the Town Clerk, are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
The resolution was unanimously adopted.
Old Business #1 Delia Car Company, 3518 Southwestern Boulevard
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Delia Car Company, 3518 Southwestern Boulevard, requested a SEQRA Determination on a revised site plan for the new car dealership, and
WHEREAS, the Planning Board recommended a Negative Declaration on April 9, 2003
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby make a Negative Declaration on the SEQR for the Delia Car Company’s revised site plan.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the State of New York Department of Transportation has officially approved the Town’s Project Application for the Baker Bridge Replacement Project, and
WHEREAS, the Baker Road Bridge Replacement work is part of the overall Baker Road Reconstruction Project, and the overall Baker Road Reconstruction consists of total reconstruction of 7200LF of roadway including the intersection alignment, drainage systems, and bridge improvements between Route 20A and 400 feet north of the Milestrip Road intersection., and
WHEREAS, the grant amount is $200,000.00, with the Town committed to providing local funding to complete the bridge improvements, which are preliminarily estimated to total $491,400.00
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the contract agreement with New York State Department of Transportation Muliti-Modal 2000 Program for the Baker Road Bridge Replacement Project, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Appointment of New Town Assessor
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town has conducted interviews to fill the Town Assessor vacancy left by the retirement of A. Terrance Campbell, and
WHEREAS, Linda Y. Yancey has an extensive background of over twenty years in municipal assessment experience, and most recently she served as Assistant Commissioner of Real Property for the five boroughs of New York City where she had a staff of over 200, and
WHEREAS, Ms. Yancey also has professional real estate appraisal experience in specialty work, and is also a national instructor with the International Association of Assessing Officers and has taught all over the country
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby appoint Linda Y. Yancey to fill the position of Town Assessor, term ending September 30, 2007, with a six month probationary period, and starting date of April 28, 2003.
Councilman Buyer stated that the New York State representative from Real Property Services, Patti Valvo, who helped with the interview process, gave Linda Yancey a very high recommendation.
The resolution was unanimously adopted.
New Business #3 Accept resignations from members of the Recreation Commission
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby accept with regret the resignations of Virgie Majchrzak and Dr. Michael Albert from the Recreation Commission, and be it further
RESOLVED, that the Town Board does hereby thanks both these individuals for their time and dedication to the Town.
The resolution was unanimously adopted.
New Business #4 Appointments to Recreation Commission
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby make the following appointments to fill the vacancies on the Recreation Commission: John Murphy, 7 Knob Hill, to fill the term that expires on 12/31/05, and Thomas S. Mang Ph.D., to fill the term that expires on 12/31/07.
The resolution was unanimously adopted.
New Business #5 St. John’s Lutheran Church request to use Yates Park/Green Lake
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of St. John’s Lutheran Church, 4536 South Buffalo Street, to use Yates Park/Green Lake on May 21 & 22, 2003, at 9:00 AM until 3:00 PM, to hold their Annual Preschool Picnics.
The resolution was unanimously adopted.
New Business #6 Parking Restrictions at Baker Road Entrance to Braunview Estates
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, this Town Board hereby determines that public safety requires the installation of “No Parking” signs on Braunview Way between its intersection with Silent Meadow and Baker Road,
ORDERED, that “No Parking Signs” be erected, effective immediately, on the north and south side of Braunview Way between its intersection with Silent Meadow and Baker Road, and be it further
ORDERED, that the Superintendent of Highways be and is hereby directed to post the proper and necessary signs at said locations.
The resolution was unanimously adopted.
New Business #7 Authorize the Annual Chestnut Ridge Road Race for Bicyclists
9) 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 2nd Annual Chestnut Ridge Road Race, April 19, 2003 at 10:00 AM to Noon, with the cyclists using the following roads: Chestnut Ridge, Powers Road, Gartman Road and Scherff Road. This is a charity event benefiting The Cameryn Lee Orlowski Education Fund. Cameryn is the daughter of a local Marine who was killed in the Iraqi Desert.
The resolution was unanimously adopted.
New Business #8 Declare Items in Basement as Surplus & Authorize Auction For Said Items
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby declare items in the allocated basement area of the Municipal Center as surplus, and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign a contract with Scherrer Auctions to auction designated surplus items to the public, May 10, 2003 at 10:00 AM at the Orchard Park Municipal Center, 4295 South Buffalo Street.
The resolution was unanimously adopted.
New Business #9 Proclamation Declaring the week of May 11th through May 17th as Safety Week.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Western New York Safety Conference, Inc. has taken great pride in the safety of people both on and off the job, and has implemented wide reaching programs of safety education and accident prevention, and
WHEREAS, this program has become an example and model for all businesses and industries, and has served as a reminder for many of our residents to be more concerned with their own safety at home and at work, and
WHEREAS, it is a pleasure to extend this proclamation on behalf of our Town of Orchard Park to the Western New York Safety Conference, Inc. which will host the 67th Annual Safety Conference and Trades Exhibits at the Grand Island Holiday Inn on May 14th and May 15th, 2002, and
WHEREAS, the Western New York Safety Conference, Inc., should be commended for its continuing and progressive safety programs, urging our citizens to support all such efforts to promote safety both on and off the job
NOW, THEREFORE, be it
RESOLVED, the Town Board of the Town of Orchard Park, in the County of Erie, in the State of New York, does hereby proclaims the week of May 11th through May 17th, 2003 as Safety Week.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town is required to provide certain communication regarding underground locating information, and
WHEREAS, the Town has experienced costs relating to providing such services which are not included in the Town’s 2003 adopted budget, and
WHEREAS, the funding for these additional expenditures is available within other budgetary appropriation accounts
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the amending of the 2003 adopted budget to authorize appropriation transfers in the following Town accounts:
Increase Appropriations:
001.8346.000.591 Sewer Underground Locating Supplies $ 1,000.00
700.5182.000.591 Lighting Underground Locating $ 600.00
Decrease Appropriations:
001.8346.000.550 Contingent $ 1,000.00
700.5182.000.490 Service Cost – Electric $ 600.00
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to advertise for bids for “Janitorial Services in the Municipal Building” to be opened on May 9th at 11:00 AM in the Supervisor Conference Room, at the Orchard Park Municipal Center, 4295 South Buffalo Street, Orchard Park New York, and be it further
RESOLVED, that the bid packages may be picked up in the Town Clerk’s office no earlier than April 28, 2003.
Councilman Buyer said this bid package is for only some of the janitorial services in the Municipal System, not all of them.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Shamrock Preschool, 3766 Abbott Road, to use Yates Park/Green Lake for their family picnic on May 19, 2003, from 10:00am to 1:00pm, with a rain date of May 21, 2003 .
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Southtowns Unity Church to put up a temporary sign, 4 feet x 8 feet, at 2881 Southwestern Boulevard from May 7th to June 7th for the 3rd Annual Unity Health & Wellness Fair.
The resolution was unanimously adopted.
Supervisor Cudney said that the road work has resumed along 244/270, and that Nancy Conley from the Orchard Park Chamber of Commerce meets with the Engineer in charge, once a week, to find out what work is scheduled for that week. Supervisor stated that information is sent out to all the businesses along Buffalo Street so they will know what to expect. Supervisor Cudney announced that “Earth Day” clean up is going to take place on April 26th, and anyone who would like to join the Town’s efforts to clean up should meet at 9:30am in the Yates Park Recreation Building. Supervisor Cudney said that the reclamation of the roadway bricks for McFarland Park is going to begin again on May 3rd, at the 6909 Milestrip Road Composting site, and it is going to take place from 8:30am to 11:00am. She stated anyone interested in helping is welcome to come. She also stated that new compost site is just about ready for the grand opening on May 10th, and the residents will be able to come in and get compost for their gardens.
Town Engineer Wayne Bieler said there is a Septic System Workshop being held on April 23rd by the Erie County Water Quality Committee at the Eden Town Hall at 8:00pm. This workshop will offer families with septic systems tips on better management of these systems. Mr. Bieler stated that the Town is holding an informational meeting on April 22nd at 7:00pm regarding the water line improvements.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #8 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$102,937.04 |
|
Part Town Fund |
$993.84 |
|
Risk Retention |
$1,339.96 |
|
Highway Fund |
$10,077.94 |
|
Special Districts |
$125,078.10 |
|
Trust & Agency |
($1,327.94) |
|
Capital Fund |
$8,036.80 |
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications:
§ The Village of Orchard Park Zoning Board of Appeals has scheduled a public hearing at 7:00 PM on Wednesday, April 23, 2003, at the Orchard Park Municipal Center, 4295 South Buffalo Street, Orchard Park New York, for the following: John Ricotta, 4260 and 4264 North Buffalo Street, and 6474 West Quaker Street. (Mr. Ricotta is requesting the following appeals; parking spaces, lot coverage and landscaping.)
§ New York State Department of Transportation: Pursuant to Section 104a of the Highway Law the following described highway sign replacement on portions of: Routes I-290, Routes US-219, Route NY-198, Route NY-400, I-90 to I-90, I-90 to Armor Duells Road, I-190 to NY 33, I-90 to NY 78, Robert Moses Parkway at Buffalo Avenue/John B. Daly Boulevard in the Cities of Buffalo and Niagara Falls, Town of Tonawanda, Amherst, West Seneca, Orchard Park and Hamburg in Counties of Erie and Niagara.
§ Erie County Department of Public Works: Effective Saturday, April 12, 2003, the Aurora Maintenance Facility, 119 Ellicott Road in West Falls will be closed on a temporary basis. Arrangements have been made for the East Concord facilities to handle the duties.
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following reports:
§ Orchard Park Police Chief’s Monthly Report for March 2003
§ Orchard Park Building Inspector’s Monthly Report & Building Permits for March 2003.
The resolution was unanimously adopted.
Daniel Metz, 180 East Abbott Grove: Mr. Metz came with a group of neighbors from his street, and surrounding areas, to talk to the Town Board about a problem in their neighborhood. The problem is water runoff from a parking lot (used for stadium events) adjacent to many of their yards located on Southwestern Boulevard. This problem affects 16 houses on East Abbott Grove, four houses on Abbott and some homes on Webster, which butts up to the backyards of the residents on East Abbott Grove. He stated the group put a pamphlet together that contained pictures of the area showing the damage caused by this run off and letters from the neighbors. Other complaints were the fencing along the parking lot and the behavior of the stadium attendees that use this lot. Each member of the board received a copy and Mr. Metz reviewed the pictures with the Board Members.
Mr. Metz stated that over the years, the owner of the lot has had a “fill wanted” sign posted on the lot, and the construction companies building the Ralph Wilson Fieldhouse and remodeling the stadium would dump their excess fill there. A large portion of the fill consisted of blacktop, concrete and stones. Eventually the parking lot built up to the point that the water run off was damaging the yards around it.
A complaint was made, and the owner had a swale put in to catch the runoff, but it was not enough to handle the volume of water that ran off the parking lot. Eventually the parking lot was built up to the point that it was three to six feet higher that the surrounding yards, and it was higher in the center of the lot than on the outside portions so the water would roll off.
He stated there is a fence between the parking lot and the adjacent yards, part of it is stockade, part of it is chain link. This fence has helped a little to keep the people using the lot out of the yards next door, but the fencing has also been damaged by the snow, water and people climbing over it.
He stated during the winter, the parking lot is plowed so the snow starts to pile up along the fence next to their yards. It is up to thirty feet high, and sometimes the snow is actually dumped over the fence into the adjacent yards. All the residents of this area suffer from damages, some structural from the water runoff from the parking lot. This running water is so strong that it washes away the soil under the grass and carries rocks and dirt with it from one yard to the next, leaving debris everywhere. There is also the problem of the standing water in the yards. Many people cannot use their yards until August as they are under water and there is also an odor from the standing stagnant water.
There are also the standard problems that arise from the people who use the lot for the stadium events such as debris, loud noise, foul language and people relieving themselves on private property. This group does not want to stop the owner from using his lot or ruin his business, they want the problems caused by his parking lot addressed and have their damages taken care of.
Tom Zelie, 79 East Abbott Grove: Mr. Zelie’s property butts up to the parking lot. His main problems are the water running through the yard carrying debris and washing out his property, standing stagnant water, damages to his fence caused by snow plowing, and people in the parking lot.
John Moracci, 71 East Abbott Grove: Mr. Moracci had a snow plow from the parking lot going into his yard and piling snow there. His garage is constantly flooded, everything in the garage has to be up on pallets. The water runs up onto his porch and runs through his yard.
Richard Schmitt, 179 East Abbott Grove: Mr. Schmitt’s property is at the end of the street and the water runoff from the parking lot goes across his lawn and onto the neighbor’s yard behind him on the next street over, he does not have any yard. He has black standing water in his back yard (sewage he stated).
Tim Winterhalter, 140 East Abbott Grove: Mr. Winterhalter stated that he has children, and so do other families on the street, and his concern is the children being exposed to the polluted water, stadium crowds and raw sewage that is produced by the crowds in the runoff.
Tom Lambert, 3791 Abbott Road: Mr. Lambert is concerned about the fencing and the crowds urinate against the fence. He also has had people urinating against his house. He stated he has a lot of debris in his yard after a stadium event. He is also concerned about the water runoff and the stagnant standing water.
Richard Pocobello, 121 East Abbott Grove: Mr. Pocobello has all the same problems as well as garbage cans being stacked along the fence line next to his property that are full and have bees and flies buzzing around them.
Dominic Mirando, 141 East Abbott Grove: Mr. Mirando has concerns about the children being exposed to the unruly people who attend the stadium events and having the children witness public urination in their own yards.
Dan Rogers, 120 East Abbott Grove: Mr. Rogers stated that he thought that it was illegal to alter the lay of the land and he is concerned about all the same problems as his neighbors.
Listed below are residents who signed letters in the pamphlet handed out to the Town Board, but did not appear before the Town Board:
Ramona Fager, 71 East Abbott Grove
Shirley Zelie, 79 East Abbott Grove
Jason Johnson, 107 East Abbott Grove
Erica Michels, 107 East Abbott Grove
Nancy Levy, 178 East Abbott Grove
Christianne Schmitt, 179 East Abbott Grove
The Town Board stated they were unaware of this problem and are glad the residents brought it to their attention. Town Attorney Berkowitz stated that the ultimate remedy for the extensive damage caused by this situation is in the courts. The legal term for this type of problem is called “tresspass”. Mr. Berkowitz stated that the residents have the right and remedy in the courts to sue the person for damages that has been inflicted upon them by trespassing on their property.
The Members of the Town Board stated to the residents, that as far as the Town’s ability to do something, the situation needs to be researched to see if a permit was taken out for the fill, to see if any ordinances were violated and to establish what the Town can do about this situation. Supervisor Cudney stated that one big hammer the Town has is the Commercial Parking Permit, which the Town can refuse to issue to until the problems are handled. Town Engineer Bieler stated that he will get the names of the people affected and set up a meeting to ascertain exactly what needs to be done to mitigate this situation. Mr. Bieler said, the Engineering Department, Town Highway Department and the Building Inspector’s office will all need to be involved in taking care of this problem.
Councilwoman Ackerman said the Town is going to immediately start to investigate this issue and see what can be done to help the residents of the area affected by this problem.
Daniel Metz said to recap the information, that the Town can look into handling the water problem, but any financial issues that these people have to deal with will have to be handled by an attorney. Town Attorney Berkowitz said that was correct.
Supervisor Cudney closed the meeting with a Moment of Silence for the fallen American and Allied Troops in Iran, and for the fallen civilians in Iraq, and for Peace.
There being no further business from the floor, on motion by Councilman Buyer, seconded by Councilman Kaczor, the meeting was adjourned at 8:22 PM (local time).
Respectfully Submitted,
Town Clerk