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 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
David M. Buyer Councilman
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
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 COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on July 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.
Supervisor Toni Cudney Aye
Councilman Dave Buyer Abstained
Councilwoman Nancy Ackerman Aye
Councilman Stanley Jemiolo, Jr. Aye
Councilman David Kaczor Aye
Councilman Buyer abstained because he was not present at the July 2, 2003 Town Board Meeting.
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 an Amendment to the Zoning Ordinance of the Town of Orchard Park to rezone 100 Hart Place from R-2 to B-2, in order to expand existing office space, as petitioned by Jim Ball Pontiac, which amendment provides as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Orchard Park, County of Erie, State of New York, being part of Lot 19, Township 10, Range 7 of the Holland Land Company’s Survey and part of the “Michael’s Subdivision” filed in the Erie County Clerk’s Office in Map Cover 1487, more particularly described as follows:
BEGINNING AT A POINT in the north line of Hart Place (formerly Maple Avenue) a distance of 432.38 feet to the southwesterly line of Southwestern Boulevard (extended) and 410.69 feet to the southeast corner of Notice of Appropriation Map No. 155 Parcel 166 recorded in Liber 10600 of Deeds at Page 104; thence northerly measured at right angles to Hart Place a distance of 68.26 feet to a point in the southeasterly line of subdivision lot 148 filed in the Erie County Clerk’s Office under Map Cover 1487, thence northeasterly along the southeasterly lines of subdivision lots 148 & 151, a distance of 135.03 feet to a point 17.30 feet west of the northeasterly corner of lands conveyed to Alice A. Fabisch by Liber 7802 of Deeds at Page 431; thence easterly along the north line of lands conveyed to Alice A. Fabisch by Liber 7802 of Deeds at Page 431 a distance of 17.30 feet to the northeast corner of lands conveyed to Alice A. Fabisch by Liber 7802 of deeds at Page 431: thence southerly measured at right angles to Hart Place a distance of 175.00 feet to a point in the north line of Hart Place; thence westerly measured at right angles along the north line of Hart place a distance of 100.00 feet to the point or place of beginning containing 0.30 acres more or less.
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, Supervisor Cudney asked if there was anyone that would like to be heard:
Comments from the floor:
Steve Castilano – General Manager for Jim Ball Pontiac – GMC-Buick: Mr. Castilano stated the plan was to move some of the offices from the business center into the house that is on the property being rezoned. He stated that there would be no change to the exterior, but the building would be handicap accessible.
Members of the Town Board asked how many cars would be park at the house. Mr. Castilano stated the employees would have assigned parking. There were also questions about storage behind the building, which Mr. Castilano indicated is a probability.
Sue Wiencek – 6344 Milestrip Road: Ms. Wiencek is opposed to any more encroachment into residential area. Ms. Wiencek said she is representing most of the people in her neighborhood because the other families have given up trying to talk to the Town to keep their area residential. They all feel that ultimately, Jim Ball will get what he wants. Ms. Wiencek stated that Jim Ball Pontiac already disregards the neighbors and does not take into consideration that people do live in the same area as his business. The auto delivery trailer trucks drop and unload cars whenever they want to, day or night, and this makes a lot of noise and sometimes they park right on the road obstructing traffic.
Joseph Mayer – 51 Hart Place: Mr. Mayer stated that he already has to deal with odors emanating from Jim Ball’s shops and the traffic on his street has increased dramatically. Also, there are trucks up and down the street all day long, and this is not a permitted use on Hart Place. Mr. Mayer is upset with how things have changed and is opposed to the rezoning.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing in the matter of an Amendment to the Zoning Ordinance of the Town of Orchard Park, to rezone 100 Hart Place from R-2 to B-2 in order to expand existing office space, as petitioned by Jim Ball Pontiac, is hereby closed at 7:13 PM (local time).
The resolution was unanimously adopted.
Supervisor Cudney stated that the Town Board would not move on this proposed Zoning Amendment from Jim Ball Pontiac this evening.
PUBLIC HEARING
At 7:13 PM (local time) the Supervisor called for a Public Hearing to hear all interested parties for or against an Amendment to the Zoning Ordinance of the Town of Orchard Park for a Special Exception Use in a B-2 Zone to construct a car wash facility, as petitioned by Ralph Hogg, which amendment provides as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Orchard Park, County of Erie and State of New York, being part of lot Nos. 32 and 40, Township 9, Range 7 of the Holland Land Company’s Survey, described as follows:
BEGINNING AT THE POINT AT the intersection of the center line of Webster Road (66 feet wide) and the center line of California Road (66 feet wide); thence southeasterly along the center line of California Road, 179.37 feet to its intersection with the northwesterly right of way line of Southwestern Boulevard (100 feet wide) extended to said center line of California Road; thence southwesterly along the northwesterly right of way line of Southwestern Boulevard and said right of way as so extended 249.96 feet to the southeasterly corner of lands conveyed to Richard C. Kirby and wife by deed recorded in Erie County Clerk’s Office in liber 9865 of Deeds at page 630, correcting deed recorded in said Clerk’s Office in liber 9938 of Deeds at page 266; thence northwesterly at an included angle of 70º 49’ 24” with the last described line and along the easterly line of said lands so conveyed to Kirby as aforesaid, 288.77 feet to a point on the center line of Webster Road; thence easterly along the center line of Webster Road, 182.71 feet to 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, Supervisor Cudney asked if there was anyone that would like to be heard:
Comments from the floor: No one spoke
3) 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 an Amendment to the Zoning Ordinance of the Town of Orchard Park, for Special Exception Use in an B-2 Zone to construct a car wash facility on 5475 Webster Road, as petitioned by Ralph Hogg, is hereby closed at 7:15 PM (local time).
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an Amendment to the Zoning Ordinance of the Town of Orchard Park, was conducted at the Municipal Center, 4295 South Buffalo Street, Orchard Park New York, on the 16th day of July 2003, at which time all interested persons were given an opportunity to be heard, regarding an amendment which provides as follows:
Special Exception Use in a B-2 Zone to construct a car wash facility, as petitioned by Ralph Hogg
WHEREAS, no recommendation from the Erie County Department of Planning pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and
WHEREAS, approval of the Town of Orchard Park Planning Board was received and filed with the Town Board,
RESOLVED, that the Town Board does hereby grant Special Exception Use in a B-2 Zone at 5475 Webster Road in order to construct a car wash facility, as petitioned by Ralph Hogg, with the following stipulations as recommended by the Planning Board 6/11/2003:
§ This is an Unlisted SEQR Action based on the submitted Full EAF Parts 1 and 2 and a Negative Declaration is made.
§ Fees shall be paid in accordance with Section 144-70C, of the Town Code prior to publication of the Public Hearing Notice.
§ The recommendation is contingent upon the applicant completing the project as proposed on the development plans dated 5/30/03 and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
§ The proposed project is in compliance with the Town’s long range comprehensive plan.
§ The applicant has demonstrated a need for the project.
§ The project is compatible with adjoining land uses and proposed development and will not have a negative impact on the adjacent land value or public safety.
§ The applicant has demonstrated an orderly flow of traffic ingress and egress.
§ The applicant has provided suitable parking facility.
§ Landscaping as indicated on the proposed plan will provided adequate screening.
§ Free area for recreation is not required.
§ The impact on schools and utilities is not an issue.
§ The health and safety of adjacent properties is not affected.
§ The Planning Board addresses sound and lighting issues during site plan review.
The resolution was unanimously adopted.
Old Business #1 Dedicate Town portion of public improvements on Thorn Avenue
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNILMAN BUYER, TO WIT:
WHEREAS, the County of Erie has made various improvements to Thorn Avenue in the Town and Village of Orchard Park
RESOLVED, that the Town of Orchard Park does hereby accept that portion of Thorn Avenue, which is in the Town, for dedication from the County of Erie to the Town of Orchard Park, New York, on the condition that the County of Erie guarantee any deficiency regarding the intrinsic structural integrity of the concrete which has been installed on Thorn Avenue for a period of one (1) year from the date of this resolution.
The resolution was unanimously adopted.
New Business #1 Schedule Public Hearing for 2003 Local Law-Self-Insuring Worker Compensation
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board of the Town of Orchard Park does hereby schedule a Public Hearing for Wednesday, August 6, 2003 at 7:00 PM, for a Local Law in the Year 2003; Self-Insuring Worker’s Compensation, and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish due notice.
The resolution was unanimously adopted.
New Business #2 Adopt Changes to the Personnel Policy Manual for Non-Union Employees
The Town Board would not move on the Personnel Policy Changes for Non-Union Employees this evening as there are still a few items to be clarified. Councilman Jemiolo recommended tabling this item and the Town Board agreed.
New Business #3 Authorize a Town Clean Up for the Property Located at 80 Vistula Avenue
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Code Enforcement Officer, Dan Lelito, reported to the Town Board that the property at 80 Vistula Avenue, which is part of the Estate of Philomena Fischer, is overgrown with grass and weeds, and debris all around, and
WHEREAS, the Town has been unable to get any of the relatives of Ms. Fischer to do anything about this property and the Code Enforcement officer recommends a clean up of the property with the cost being charged back to the tax roll of this parcel
RESOLVED, that the Town Board does hereby authorize the clean up of 80 Vistula Avenue, with the cost being charged back to the tax roll of this parcel, as recommended by the Building Inspector.
The resolution was unanimously adopted.
New Business #4 Elma Agricultural District
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby support the Elma Agricultural District and also supports the inclusion of the Town of Orchard Park portions in the Elma Agricultural District.
Supervisor Cudney stated the current Elma Agricultural District includes Elma, Aurora and a portion of Orchard Park. She said that by continuing the district, and including the Town of Orchard Park, any farm in Orchard Park in the future could be included and then be able to take advantage of certain tax breaks and benefits available to properties in the Agricultural District.
The resolution was unanimously adopted.
New Business #5 Summer 2003 Recreation Staff Appointments
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby approve of the following appointment to the staff of the Recreation Department, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.
Name Address Position
Barbara Moore 136 Broadmoor Drive A
North Tonawanda, New York
The resolution was unanimously adopted.
New Business #6 Refer to the Planning Board and/or Conservation Board
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to refer to the Planning Board and Conservation Board the following item: Wyoming County Bank request to construct a new 3,600 square foot branch retail bank in the shopping plaza at the Crossroads Center on the corner of Southwestern Blvd., and Orchard Park Road.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
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 the following budget transfer, as requested by the Highway Superintendent:
$ 33,000 From: H-27 Unrestricted Capitol Reserve
To: H-42 Compost Site Development
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Ms. Pamela Reese of Birdsong Subdivision to use Birdsong Park to hold a Block Party on Wednesday, August 13, 2003 from 5:00 PM to 8:00 PM, and to set up a tent for the party.
The resolution was unanimously adopted.
Supervisor Cudney reported that she attended the Erie County Industrial Development Agency meeting and was very disappointed that there was no mention of the Bryant and Stratton project, which was vetoed by the County Executive. The Town Board has gone on recorded as being in favor of the project.
Supervisor Cudney said that she did get a chance to speak to the County Executive, as the Bryant & Stratton representatives met with him yesterday, but he was not able to give her an answer at this time. The Supervisor suggested sending a letter to every member on the ECIDA to encourage them to take another look at this project, which she is putting together. She also asked the Town Attorney to check out any legal options the Town might pursue.
Councilman Buyer stated that he is employed by both Bryant & Stratton and the Town of Orchard Park. He stated this situation with the ECIDA/County Executive is becoming extremely frustrating. Councilman Buyer said he received an e-mail from one of the principals of the Bryant & Stratton organization that was at the meeting with County Executive, and according to him, Mr. Giambra stated that he would support the Bryant & Stratton project in Lackawanna, but not in Orchard Park. Councilman Buyer seamed displeased with the whole situation and wondered what was really going on at the County level.
Councilwoman Ackerman stated that Erie County is having an Electronics Recycling Day on Saturday, September 27th, from 9:00am to 2:00pm at Praxair Inc., in Tonawanda. She also wanted to call attention to the new artwork that is exhibited in the Municipal Building. Councilwoman Ackerman thanked the Orchard Park students and teachers who contributed to this event and the Engineering Department for their help in setting up the exhibit. She feels that this is the best display of student art she has ever seen.
Highway Superintendent Geitter stated the Compost site is having difficulty keeping up with supply and demand for product. He said the Compost Site had a visit from the DEC today and they were very impressed with the facility and gave it a gold star. The Highway Superintendent also talked about the Motor Home Convention that is taking place at the Stadium, ECC South and the Fairgrounds. He stated this is one of the largest conventions in the United States, with expensive Motor Homes and over 100,000 people visiting this area. New York State made it very difficult and expensive, for the Motor Homes to come into this area and then Erie County made it difficult for the people who parked their Motor Homes at the stadium. Highway Superintendent Geitter commented that the State and County always seem to do things to discourage visitors from coming back to New York State.
13) 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 #14 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$115, 256.43 |
|
Part Town Fund |
$719.83 |
|
Risk Retention |
$2,097.43 |
|
Highway Fund |
$56,159.54 |
|
Special Districts |
$171,.955.42 |
|
Trust & Agency |
$2,857.18 |
|
Capital Fund |
$80,886.73 |
The resolution was unanimously adopted.
14) 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 receive and file the following Communications:
§ The Erie County Commission on the Status of Women presents a presentation by Jewish Family Services’ Gambling Recovery Program, Wednesday, July 30, 2003, 12:00 to 1:30 PM, Chef’s Restaurant, 219 Seneca Street, Buffalo NY.
§ Village of Orchard Park has scheduled a Public Hearing at 7:00 PM on Wednesday, July 23, 2003, in the Orchard Park Municipal Building. Re; Bodden’s Automotive, 4135 North Buffalo Road, applicant requesting permission to erect a sign.
§ Erie County Department of Environment & Planning, regarding Erie – Niagara Framework for Regional Growth.
§ Erie County Industrial Development Agency, regarding a Public Hearing, August 11, 2003 at 9:00 AM, at the Orchard Park Municipal Center for Erie County Industrial Development Agency 2003 Aurora Realty, LLC Project.
§ Erie County Electronics Recycling Day, Saturday, September 27, 2003, 9:00 AM to 2:00 PM, at Praxair Inc., south lot, Woodward Avenue, Tonawanda, New York.
§ Final Consolidated Annual 2002 Performance Report for Community Development, Home Investment Partnership and Emergency Shelter Program.
The resolution was unanimously adopted.
15) 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 Reports: Chief of Police’s Monthly Report for June 2003, the Recreation Commission’s Amended 2002 Annual Report, and the Building Inspector’s Monthly Report & Building Permits for June 2003.
The resolution was unanimously adopted.
Joseph & Darlene Fasolino – 1045 Jewett Holmwood Road: A golf ball hit Mr. & Mrs. Fasilino’s car from the Orchard Park County Club as they were driving down Jewett Holmwood Road. They read a statement to the Town Board and they feel the Orchard Park County Club should put up netting along Jewett Holmwood Road to prevent any more accidents.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Kaczor, the meeting was adjourned at 7:41 PM (local time).
Respectfully Submitted,
Town Clerk