A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 5th day of February 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
Stanley A. Jemiolo, Jr. Councilman
David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel McCune Chief of Police
Wayne Bieler Town Engineer
ABSENT: Ronald A. Geitter Superintendent of Highways
The Supervisor read into the record the following: “If anyone appearing before the Town Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State Law and the Town Code of Ethics.”
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held for the 2003 Organizational Meeting and the January 15, 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.
PUBLIC HEARING
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the Proposed Local Law for the Year 2003, which Local Law would rescind the existing Ethics Law of the Town and adopt a new Ethics Law for the Town of Orchard Park, which Local Law provides as follows: (See attachment to these minutes.)
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 called upon Dennis Jewell, the acting Chair of the Ethics Committee who was present in the audience, if he would like to make any comments or offer any explanation prior to the public comments. Mr. Jewell had only one comment regarding the exception under Article 102-11, the Insurance Brokers Committee, which was not the recommendation of the Ethics Committee. Mr. Jewell stated that he understood the thought behind the exception, but believes it to be too broad and exempts the members of that committee from all aspects of the this law.
Supervisor Cudney thanked the Ethics Board and stated that they have been meeting over three years to draft the proposed new Local Law, which is better defined and superior to the Town’s present Ethics Law.
Comments from the floor:
George Knaisch, 45 North Lincoln Avenue, and Former Chairman for the Ethics Board: Mr. Knaisch stated he was Chairman for the Ethics Board at the time of the undertaking of this project. It started with adjustments to the current Local Law, but turned into a lengthy project that has resulted into the new Ethics Law. Mr. Knaisch feels that the Ethics Board fulfilled what they set out to achieve with the five points under Section 2. PURPOSE. He believes that this will give the residents confidence in dealing with Town Government leaders. Mr. Knaisch thanked the Ethics Board he worked with and is proud of the job they accomplished.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Proposed Local Law for the Year 2003; to rescind the existing Ethics Law of the Town and adopt a new Ethics Law for the Town of Orchard Park is hereby closed at 7:10 PM (local time).
Councilman Jemiolo thanked the Ethics Board for their hard work. Councilman Jemiolo asked the Town Attorney if he could draft language to address the point made by Mr. Jewell about the Insurance Brokers Committee before the Town Board acts on the proposed Local Law.
The resolution was unanimously adopted.
Before opening the Public Hearing, Supervisor Cudney stated that the Planning Board has not approved the Bierworth-Reidman Homes, Inc., Project to rezone vacant land, east of Orchard Park Road, south of Southwestern Boulevard. The Planning Board has reviewed and has made recommendations to the Town Board. Those recommendations will be considered along with comments from the Public Hearing being held this evening before the Town Board makes any decision.
PUBLIC HEARING
At 7:11 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption to rezone vacant land, eastside of Orchard Park Road, south of Southwestern Boulevard from B-2 to R-3. The Town Board received the Draft Environmental Impact Statement (DEIS) on October 22, 2002 and the Public Hearing for the DEIS was held on December 18, 2002, as petitioned by Bierworth-Reidman Homes, Inc. Such vacant land is further described by metes and bounds 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 No. 17, Township 10, Range 7 of the Buffalo Creek Reservation, described as follows:
Beginning at a point in the easterly line of Orchard Park Road, at the southwest corner of Lot No. 17: thence northerly along the easterly line of Orchard Park Road; said easterly line of said Road, also being the west line of said Lot No. 17, a distance of six hundred seventy-four and twenty- two hundredths (674.22) feet to the southwest corner of lands conveyed to Charles Shitz by deed recorded in Erie County Clerk’s Office in Liber 226 of Deeds page 536: thence easterly parallel with the north line of said Lot No. 17, and along the south line of lands so conveyed to said Charles Seitz, a distance of three thousand fourteen and sixty-two hundredths (3014.62) feet to the east line of said Lot No. 17: thence southerly along the east line of said Lot No. 17, seven hundred twenty-four and two hundredths (724.02) feet to the southeast corner of said Lot No. 17: thence westerly along the south line of said Lot No. 17, three thousand twenty-four and seven tenths (3024.7) feet to the easterly line of Orchard Park at the point or place of beginning.
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.
At this time the President of Reidman Development Corporation, David Reidman, presented a topographical map and gave an overview of the eight unit complex containing 296 apartments, a club house building and garage buildings in the proposed project. Mr. Reidman concluded the presentation with demographic information of typical markets for resident profile of these units.
Bob Cantwell and Aaron Gangier from BME Associates, the Land Planning and Engineering Consultants involved with the proposed project, were present for any questions the audience may have.
Supervisor Cudney opened the Public Hearing and stated that if there was anyone who desired to be heard to come forward.
Comments from the floor:
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn felt that this proposed area should remain a B-2 zone. He questioned the square foot building minimum size of multiple dwellings.
Bernice Doman, 6829 Milestrip Road: Ms. Doman is against any building on land south of Southwestern Boulevard and east of Orchard Park Road. She stated that this area is congested with traffic, noise, pollution and debris, plus additional traffic from the stadium events and the new soccer fields on Milestrip Road. The proposed apartment complex would bring more cars and traffic to the overburdened highways. Ms. Doman feels that the residents living in this area deserve a buffer zone between their homes from the present commercial area. She stated the area to be considered should stay green space.
Charlie Cane, 29 West Royal Hill: Mr. Cane lives in the development behind the proposed project and is concerned about an access road connecting it to Countryside Lane. Mr. Cane is against this project due to the visual proximity and the increase of traffic. Mr. Reidman explained that there is vegetation that will be a buffer for the residents along the rear property line.
Nicholas Dragonette, 3405 Orchard Park Road: Mr. Dragonette stated that he is opposed to the proposed project due to loss of green space. The lowering of the required square footage bothers him. Joe Campion, the Building Inspector, stated that for multiple dwellings under R-3 Special Exception Use the minimum footage is 800 square feet per unit and this project must comply. Supervisor Cudney asked Mr. Dragonette if he favored the B-2 to the R-3. Mr. Dragonette stated that he did favor the B-2 Zoning.
Stacey Bixler, 83 Hunters Ridge Road: Ms. Bixler stated that the neighborhood does not want another apartment complex built behind their development. She is worried about resale market value of their homes. Ms. Bixler wanted to know the amount of green space buffer between the last house on Hunters Ridge to the end of the apartment complex. She also was concerned with the access road. Mr. Reidman explained that the Planning Board asked in the early stages of the project for a secondary road, but there are no definitive plans for one and feels that nothing could be even be contemplated until some plan for development of the airport property were submitted. Councilman Buyer asked Ms. Bixler if she preferred B-2 or R-3. She stated she would prefer green space. At this time Supervisor Cudney explained that this is not the subject of this Public Hearing, but stated that the Master Plan could use the residents input on green space and open space, but the Town would have to buy the land and this would come with a price to the taxpayers of Orchard Park. Councilwoman Ackerman stated the Open Space Preservation & Farmland Protection Committee would be sending a questionnaire to residents on green space issue, including the cost. Councilman Jemiolo stated that at this time in the SEQR document there is no plan for an access road. The developers believe it would be problematic for the private road.
Mark Mingle, 107 Hunters Ridge Road: Mr. Mingle strongly opposes the proposed project due to traffic concerns. He suggested there should be a cal-de-sac beyond the last home at 78 Hunters Ridge Road for buses and snowplows to turn around, it would end the flow of traffic. Mr. Mingle presented and read a letter for Gary Cardinale who also opposes the project.
Gary Cardinale, 106 Hunters Ridge Road: Mr. Cardinale is opposed to the additional traffic.
Nicholas Taneff, 279 Summit Ave: Mr. Taneff stated this area is zoned business and should remain so.
Christina Roscoe, 3414 Milestrip Road: Ms. Roscoe is opposed to the size of the proposed project and questioned families living there. Mr. Reidman stated that these units do not typically have families residing in them.
Mary O’Leary, 137 Southwick Drive: Ms. O’Leary feels the major concerns from the residents in the Royal Estates Subdivision are the safety of their children. She stated in the DEIS document it indicates that the site plan for the proposed project shows two possible future emergency access connectors and was studied as part of the draft DEIS. Mr. Reidman stated that he favors one access to the property and emergency access could be routed to the back of the Tops Plaza.
Jackie Potenza, 39 Falconcrest: Ms. Potenza asked Mr. Reidman about his other complexes and how many connecting access roads they had.
Pat Sullivan, 6774 Milestrip Road: Mr. Sullivan opposes the proposed project due to the elimination of wildlife, dangerous terrain, lack of facilities for children and excessive traffic. Mr. Reidman stated that in respect to open space they have proposed a conservation easement along the Smokes Creek area in relation to the projects property and 45% or 20 acres of the site will be either landscaped or undisturbed open space.
Mark Wierzbicki, 45 East Royal Hill: Mr. Wierzbicki is opposed to the proposed project and does not want a connecting road to his subdivision.
Frank Pirritano, 78, 80 & 82 Hunters Ridge Road: Mr. Pirritano stated that emergency response time would be a problem for the proposed project area. Mr. Pirritano stated that he would like to have time for his neighborhood to get together and meet again with the Town before anything is done.
Dan Dillon, 42 Falconcrest: Mr. Dillon objects to the proposed project since it will add more traffic and his neighborhood is already experiencing disruption of traffic flow due to the Tops Plaza at Southwestern Boulevard. He stated that his neighborhood would deal with each proposed business project in the B-2 zoned area as they came along.
Paul Morreale, 104 Hunters Ridge Road: Mr. Morreale opposes this project or any project of this magnitude.
Paul Williams, 119 Hunters Ridge Road: Mr. Williams stated that because it is an apartment complex, he isn’t sure that these occupants will share the same values of the residents in Orchard Park.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing for or against the adoption to rezone vacant land, eastside of Orchard Park Road, south of Southwestern Boulevard from B-2 to R-3 as petitioned by Bierworth-Reidman Homes, Inc., is hereby closed at 8:17 PM (local time).
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby request the Petitioners, Bierworth-Reidman, Inc., to address the following issues as a supplement to the Environmental Impact Statement to the SEQR documentation for vacant land on Orchard Park Road, south of Southwestern Boulevard:
§ Impact on schools with statistics from the School District, including the number of school age children of other apartment complexes in the Orchard Park School District.
§ Detailed explanation of the proposed possible play area.
§ Clarification and explanation of the transition value from B-2 to R-3, that is: what does this project mean to Orchard Park residents?
§ Include the map showing the surrounding zones, missing from attachment K in the FEIS document.
§ The FEIS refers to a net loss of around 5% of B-2 zoning. Provide information listing how many B-2 lots in Orchard Park are of thirty plus acres that are suitable for building.
§ Identify the distance between the homes in the Royalcrest Subdivision on Hunters Ridge to the edge of the project property line, and also the distance from the proposed closest building or parking area in the project, to the homes in Royalcrest Subdivision on Hunters Ridge. Research the possibility of permanently deleting an entrance to Countryside Lane.
§ Medical Emergency response time.
The Town Attorney stated the FEIS has not been accepted because of the requirement of supplemental information, therefore, the time frame of the stipulated thirty days will begin after the response from the petitioner is accepted.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, upon recommendation of the Public Safety Committee and pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York,
ORDERED, that the Town Board does hereby establish a “No Parking Zone” effective immediately on Cherokee Drive, on both sides of the street 30 feet in from Southwestern Boulevard, indicating “No Parking Here to the Corner”.
And it is further
ORDERED, that the Orchard Park Highway Superintendent is hereby directed to post the proper and necessary signs indicating the parking restriction as set forth above.
The resolution was unanimously adopted.
6) 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 Supervisor to submit an application to the New York State Office of Parks, Recreation and Historic Preservation, Recreational Trails Program, requesting $78,000 to support, in part, the development of an active/passive, all-season outdoor recreational trails system consisting of nature trails, bridges, elevated boardwalks and a ½ mile paved jogging trail in Birdsong Park, and be it further
RESOLVED, that the Town of Orchard Park will contribute at least $78,000 in cash and in-kind goods and services to the Birdsong Park trail development project.
Supervisor Cudney stated this grant money was originally funded to the Town for the Eagle Heights Nature Trail. The Town has been successful in requesting transfer of these funds from the State for the different location of the trail.
The resolution was unanimously adopted.
7) 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 from the Village of Orchard Park for the use of two (2) Town of Orchard Park Voting Machines for the Village Elections to be held on Tuesday, March 18, 2003, and be it further
RESOLVED, the Town Board expects both voting machines be returned in the same condition received to the Town, and be it further
RESOLVED, if there is any damage to the voting machines, the Village of Orchard Park is fully responsible for all repairs.
The resolution was unanimously adopted.
8) 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 approve of the appointments to the staff of the Town of Orchard Park Recreation Department, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.
Name Address Position
Lauren Randle 12 Thomaston Lane, Orchard Park NY Guard
Robert Ersing 324 South Main Street, Holland NY Guard
Marilyn Found 5490 Chestnut Ridge Road, Orchard Park NY Guard
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize Dennis Buczkowski, Robert Praczkajol and Jerry Henning, employees of the town, to attend (at town expense) a 15-hour pesticide application course, mandated by New York State, to remain licensed to continue applying larvicide for mosquitoes. This course is being offered by the Erie County Health Department to be held at the Erie County Public Library in Buffalo on February 26th & 27th, 2003.
The resolution was unanimously adopted.
At this time the Town Board tabled a resolution in support of the bipartisan Bill, S.201, introduced into the US Senate which will provide a one-time distribution of Federal Funds to the States and local governments.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney thanked the residents who attended the public hearings because it is important to have their input and comments. She congratulated the Orchard Park Police Chief and Police Department on the ten-year report and the efficiency of the Department. She also stated our Recreation Director, Edward Leak, has instituted a new program “Start Smart” for pre-school age children.
10) 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 accept with regret, the resignation of Kevin Kelly a member of the Public Safety Committee, effective January 30, 2003.
Supervisor Cudney thanked Mr. Kelly for his years of service to the Town.
The resolution was unanimously adopted.
Councilwoman Ackerman thanked those in the audiences that have regularly and selflessly participated in Town government as volunteers and also have attended countless Town Board meetings. She also stated that along with thanks to the Orchard Park Police Department for less crime, the public should also be commended for less crime as well.
Councilman Jemiolo commended the Press for the great coverage of local issues and responded to a member of the audience about e-mail use for public notifications. Councilman Buyer stated that the process of notification has been expanded, but the Town hasn’t taken full advantage of electronic technology, which could be worked on.
Councilman Kaczor stated that on January 27, 2003 there was a 485B Enhancement Program meeting and it was very well attended. Councilman Kaczor stated that the program is to assist local small businesses in the Town to make property improvements. Councilman Kaczor thanked John Bailey, the Orchard Park Economic Development Committee Chair, for his help in coordinating the meeting and Paul Leone, the Business Development Officer for the Erie County Industrial Development Agency, for his presentation.
11) 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 #3 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 134,923.21 |
|
Part Town Fund |
$ 4,932.85 |
|
Risk Retention |
$ 0.00 |
|
Highway Fund |
$ 50,000.75 |
|
Special Districts |
$ 54,961.14 |
|
Trust & Agency |
$ 12,260.79 |
|
Capital Fund |
$ 146,501.84 |
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize to add to the agenda, to receive and file the following Communication: Notice of completion of the 2001/2002 Update Draft and Public Hearing on the New York State Solid Waste Management Plan from the New York State Department of Environmental Conservation Department, as added to the agenda.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize to receive and file the following Reports: Building Inspector’s Annual Report for 2002, the Senior Center’s Annual Report for 2002, and the Chief of Police Monthly Report for January 2003 (added to the agenda).
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: He brought up the point of the Senior Exemption being inequitable with maximum wage of income allowed, and the government increases in social security. The Town Attorney stated that the Town does pass a resolution based upon the maximum wage authorized by the New York State Legislature. Councilman Buyer asked the Town Attorney if he could check the top set limit.
Eric Matwijow, 4155 Abbott Road: (In reference to the previous conversation concerning e-mail.) Mr. Matwijow stated that he submitted the Town’s website on “The Best of Western New York”. Mr. Matwijow wants to know what can be done to remedy the lack of sanitation facilities around the stadium for the properties that charge for parking for stadium events. Mr. Matwijow has provided facilities as are required in the B-2 zone. He has had problems with other people using the facilities he has for his customers. Mr. Matwijow feels that everyone should provide facilities for their customers paying to park at these parking lots. He stated that the portable toilets aren’t expensive to rent and their customers should be provided this service. He also added that with the upcoming concerts and RV shows planned for the summer, they will need facilities and it would be a nice presentation for the Town.
There being no further business from the floor, on motion by Councilman Buyer, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:55 PM (local time) with a moment of silence in honor and memory of the Astronauts of the Columbia Shuttle.
Respectfully Submitted,
Town Clerk