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 2nd day of July 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
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Dave Holland Asst. Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highway
Wayne Bieler Town Engineer
Absent: David M. Buyer Councilman
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 JEMIOLO, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on June 18, 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 Amendment to the Zoning Ordinance of the Town of Orchard Park, requesting Special Exception Use in an R-3 Zone for +/- 50 acres of vacant land, located at the east side of Orchard Park, Road, south of Southwestern Boulevard, to construct a 288-unit apartment complex, as petitioned by Bierworth-Reidman Homes, which amendment provides as follows:
ALL THAT TRACT OR PARCEL OF LAND containing 48.3364 acres of land, more or less, situate in Township 10, Range 7, Town of Orchard Park, County of Erie, and State of New York as shown on a drawing entitled “Boundary Survey” prepared by TVGA Engineering, Surveying, P.C., having drawing number 57820-1 and dated January 17, 2001, being more particularly bounded and described as follows:
Beginning at a Point, said point being on the easterly right-of-way line of Orchard Park Road and also being the southwest corner of the lands now or formerly of Pentad Associates (SBL 152.16-7-3); thence Easterly, along the southerly boundary line of said lands of Pentad Associates and along the southerly boundary line of lands of Orchard Park Flying Services, forming an interior angle of 91°19’01” with said easterly right-of-way line of Orchard Park Road, a distance of 3009.73 feet to a point on the westerly boundary line of said Orchard Park Flying Services; thence Southerly, along said westerly boundary line, forming an interior angle of 89°02’58” with southerly boundary line of Pentad Associates and Orchard Park Flying Services, a distance of 723.87 feet to the northeast corner of lands now or formerly of Patrick Sullivan Jr. (SBL 153.17-1-5); thence Westerly, along the northerly boundary line of said lands Patrick Sullivan Jr., forming an interior angle of 90°00’39” with said westerly boundary line of Orchard Park Flying Services, a distance of 3024.79 feet to the aforementioned easterly right-of-way line of Orchard Park Road; thence Northerly, along said right-of-way line, forming an interior angle of 89°37’22” with said northerly boundary line of Patrick Sullivan, Jr., a distance of 674.04 feet to the Point 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.
Supervisor Cudney stated that this is the second Public Hearing for the Bierworth-Reidman Homes project. The first Public Hearing (2/5/03) was held to rezone a portion of the property from B-2 to R-3. That parcel was rezoned by the Town Board to R-3. At that time an agreement was made between the Town Board and the owner of the property to accept additional land (approximately 28 acres and/or 43 homes) on California Road to become part of a future park for the Town of Orchard Park. The reason the Town Board accepted this agreement was because of the concerns about the density of the Bierworth-Reidman project and the acquisition of the land on California Road would decrease the overall density in the Town. Supervisor Cudney stated that the reason for the second Public Hearing is to grant an R-3 Special Exception Use for multi-family dwellings or apartments in accordance with the Town Code.
At this time Supervisor Cudney asked if there was anyone that would like to be heard:
Comments from the floor:
Mary O’Leary - 137 Southwick Drive: She wants to be sure that there will not be a connecting road from Countryside Lane and the Royal Hill Estates, due to the safety issue concerning the children.
Supervisor Cudney stated that the Town Board and the Planning Board will not approve the connecting road. The proposal is to have an emergency access road through the existing Tops Plaza.
Councilwoman Ackerman stated that the only proposed public access road for the project is the North Buffalo Road entrance to the Tops Plaza and the emergency access will be at the back of the Tops Plaza.
Councilman Kaczor stated that at the time of the first Public Hearing concerns were raised by people at the Public Hearing as to the closeness of the project to homes nearby. The Engineer provided maps showing the distance of the project to be greater than 500 feet and in some cases 2000 feet away.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Amendment to the Zoning Ordinance of the Town of Orchard Park, to request Special Exception Use in an R-3 Zone for +/- 50 acres of vacant land, located at the east side of Orchard Park, Road, south of Southwestern Boulevard, to construct a 288-unit apartment complex, as petitioned by Bierworth-Reidman Homes, is hereby closed at 7:13 PM (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, following due and timely notice, a Public Hearing held this evening in the matter of the request for Special Exception Use in an R-3 Zone for +/- 50 acres of vacant land, located at the east side of Orchard Park, Road, south of Southwestern Boulevard, to construct a 288-unit apartment complex, as petitioned by Bierworth-Reidman Homes, was conducted at the Municipal Center on the 2nd day of July 2003, at which time all interested parties were given an opportunity to be heard, and
RESOLVED AND ORDAINED, that the Zoning Ordinance of the Town of Orchard Park be and are hereby adopted and amended from R-3 to R-3 Special Exception Use for the +/- 50 acres of vacant land, and be it further
RESOLVED, that this ordinance shall take effect immediately.
The resolution was unanimously adopted.
Councilwoman Ackerman stated that the next procedure for this project is to be referred back to the Planning Board for specific site plan review where the issues of architectural design, drainage, trails, buffering and lighting, etc. will be addressed before the final approval. She also stated that the Town will benefit from the donation of the land and cooperation of all involved for this joint venture.
Old Business #1 Award the Bid for the Skate Board Park Equipment, Bid Opening was 6/20/03
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Town of Orchard Park did receive and open bids on June 20, 2003 for the Skate Board Park Equipment
RESOLVED, that the Town Board does hereby award the bid for the Skate Board Park Equipment to Tessier, Inc., 825, rue Theophile-St-Laurent, Nicolet (Quebec) J3T 1A1, in proposed amounts not to exceed; $22,212.00 for the Equipment, and $2,738.00 for Tessier, Inc. (Solo Ramps) Supervisor overseeing the Town Employees setting up the Skate Board Park Equipment with the Recreation Director and the Highway Superintendent to direct the installation, they being the lowest responsible bidder thereof, as recommended by the Recreation Director.
The resolution was unanimously adopted.
New Business #1Approve Change Order #1 For the Milestrip Road Recreational Project
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Engineering Department is requesting approval of a Change Order to the contract with Scott Lawn Yard Inc., in the amount of (-$2,500.00) for the Milestrip Road Recreation Area Grading & Turf Installation, this would decrease the total contract amount to $123,650.00, representing a decrease of 0.02%, and
WHEREAS, this change involves the substitution of type 1 sod with type 2 sod which has the same seed mix and percentage as specified in type 1 but has 5% of additional species of other seed that has blown in over time. The 5% contaminant, per Lakeside Sod Inc., is mainly form adjacent grass seed fields and the average person can not tell the difference between these two types
RESOLVED, that the Town Board does hereby approve Change Order #1 to the Contract with Scott Lawn Yard, Inc., for the Milestrip Road Recreation Area Grading & Turf Installation Project, in the amount of a decrease of $2,500.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Authorize Town Attorney to Proceed w/Dedication for PIP #2002-03
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on June 24, 2003, a final inspection was conducted of the public improvements installed in Barrington Heights Part 1, Phase 1 Subdivision. The project included the installation of Graystone Lane, Highcrofte Lane and Templeton Trail. The completion of this Subdivision will allow 27 new single family residential lots to be developed, and
WHEREAS, all of the work has been satisfactorily completed in accordance with the Town specifications with the exception of the street lighting, landscaping and grading & seeding of right-of-way. The Town is in receipt of $28,500.00 cash security for street lighting, $16,500.00 cash security for landscape work and $15,000.00 for grading & seeding which will be held in escrow until that work has been satisfactorily completed in the spring, and
WHEREAS, a two-year maintenance bond in the amount of $550,000.00 has been submitted along with all other necessary documents
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in the Barrington Heights Subdivision, Part 1, Phase 1, constructed under PIP #2002-03 and authorize the Town Clerk to release the performance security bond in the amount of $110,000.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Adopt Town of Orchard Park Capital Asset Policy Statement for GASB-34
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Governmental Accounting Standards Board ruling, known as GASB-34, now requires certain capital asset information to be accounted for, and
WHEREAS, the Town has started the process of gathering and recording such asset information needed to meet these new standards, and
WHEREAS, the Town wishes to have its capital asset policy consistent with the new requirements, and
NOW, THEREFORE, be it
RESOLVED, a Capital Asset Guide for the Town of Orchard Park has been submitted to the Town Board for review, and
WHEREAS, this Town Board hereby finds the Capital Asset Guide the appropriate and in the best interest of the Town of Orchard Park
NOW, THEREFORE, be it
RESOLVED, that the Capital Asset Guide for the Town of Orchard Park as submitted is hereby adopted, and be it further
RESOLVED, a review of the Capital Asset Guide shall take place every five (5) years.
The resolution was unanimously adopted.
New Business #4Create one (1) Position of Network Coordinator, as per Civil Service
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board is hereby authorized to create one (1) new position of Network Coordinator (competitive class), and be it further
RESOLVED, that the Town Board does hereby appoint Paul Warriner to the title, provisional as per Civil Service.
The resolution was unanimously adopted.
New Business #5 Authorize Town Clerk & Deputies to Attend Training for Passport Issuance
9) 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 authorize the Town Clerk and her Deputies to attend a training session on the issuance of passport identification on Tuesday, July 22, 2003 to be held in Buffalo New York, at no expense to the Town.
The resolution was unanimously adopted.
The Supervisor thanked the Town Clerk for her willingness to assume an additional task in her office.
New Business #6 Resolution Urging Citizen Appointments to the Buffalo Financial Control Board
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the City of Buffalo is in a fiscal plight and time is of the essence, and
WHEREAS, the City of Buffalo and its surrounding communities are blessed with numerous outstanding and successful leaders in business, finance, management, education, medicine, transportation, construction…the intertwined essentials to re-direct, re-construct and resurrect our once historic City of Buffalo, and
WHEREAS, now is the time to utilize and tap into this wealth of knowledge and leadership, and
WHEREAS, we believe the strong majority of our residents, city and suburban, support a Board that constitutes a non-elected political Board, and
WHEREAS, a Control Board so structured and bipartisan to be co-chaired by Carl McCall and Ned Regan, one devoid of presently elected officials, will be hailed as courageous, wise and totally correct
RESOLVED, we urge you to appoint a Buffalo Control Board of non-elected citizens to turn to the proven mettle of professional, business leaders…a free and independent Board committed to solving a demanding need.
The resolution was unanimously adopted.
New Business #7Approve 2003 Public Stable Permit for Johnny Chapman Training Stable, Inc.
11) 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 approve of the 2003 Public Stable Permit for Johnny Chapman Training Stable, Inc., 5999 South Abbott Road, as recommended by the Building Inspector.
The resolution was unanimously adopted.
New Business #8 Summer 2003 Recreation Staff Appointments
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve of the appointment 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
Peter Burakowski 4088 Baker Road L
Laura Palmo 5 Lakewood Drive A
Kristina Moore 4591 Southwestern Blvd., Hamburg NY A
The resolution was unanimously adopted.
New Business #9 Refer to the Planning Board and/or Conservation Board
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to refer to the Planning Board and/or Conservation Board the following items on the agenda: DeMarco Masonry Construction & Sahlem Roofing Co., Taylor Road, requesting to construct a 12,000 square foot commercial “spec” masonry building with mixed occupancy of both office and warehouse uses, and Burton & Elaine Diller, 6713 Milestrip Road, requesting a Conservation Easement for 10.16 acres of land.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney wished everyone a happy Fourth of July holiday and gave the details of the events taking place. Supervisor Cudney announced that the Assessor’s Office will have two students that are Orchard Park residents working through the Erie County Work Force Development. The students will assist Assessor Linda Yancey who would appreciate the cooperation of the residents in verifying all the information for their files. Supervisor Cudney stated that the Town has received correspondence from the NYSDOT at her and Senator DaleVolker’s request to lower the speed limit on Southwestern Blvd. to 45 MPH to coincide with the Town of Hamburg. The NYSDOT stated that a study of the speed limit is underway.
Highway Superintendent Geitter wanted to commend the Town Board and the Bierworth-Reidman developers for the land transaction adjacent to the Brush Mountain Park. Supervisor Cudney thanked the Highway Superintendent, and acknowledged Councilwoman Ackerman for her initial contact with the Steinwachs. Councilwoman Ackerman stated that this is typical of the Steinwachs’ generosity. The Town Engineer stated that the land definitely would be an asset to the park.
14) 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 #13 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$109,705.91 |
|
Part Town Fund |
4,375.92 |
|
Risk Retention |
0.00 |
|
Highway Fund |
55,273.76 |
|
Special Districts |
30,869.59 |
|
Trust & Agency |
9,046.27 |
|
Capital Fund |
43,066.25 |
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED IT’S ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communication:
§ Erie County Legislature, Laurie Manzella, sent a Notice of Public Hearing relating to the required eight year review for the Elma Agricultural District (EC#13), which affects properties owners in the Town of Orchard Park. A Public Hearing will be held on the 14th day of July 2003, at 7:30 PM, on the Elma Agricultural District, Eight-Year Review, Elma Town Hall, 1910 Bowen Road, Elma New York.
§ Charles G. Smith, Acting Resident Engineer NYSDOT Re: letter regarding the concerns of drainage in the area of Rt. 219, Lake Avenue and Iroquois Drive. It has been determined a swale ditch along the toe of the embankment will be constructed to intercept runoff from Route 219.
§ Tom Dearing from Erie County Community Planning Coordinator & Sam Ferraro from Niagara County Commissioner of Planning, Economic Development and Tourism sent a flyer stating the Erie and Niagara Counties are developing a Framework for Regional Growth to guide future County decision making relative to Land Development in the region through the Year 2020. They are looking for individuals who may have input to contact their website at www.regionalframework.com.
The resolution was unanimously adopted.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Kaczor, the meeting was adjourned at 7:35 PM (local time).
Respectfully Submitted,
Town Clerk