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 4th day of June 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
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
Wayne Bieler Town Engineer
ABSENT: Nancy W. Ackerman Councilwoman
Ronald A. Geitter Superintendent of Highway
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.
Special Award: Youth Bureau, Youth of the Year Award
Supervisor Cudney introduced Tom McGinty, Director of the Orchard Park Youth Bureau. Mr. McGinty stated that in any community the most valuable resource is its youth, as they represent our future leaders and citizens. Mr. McGinty stated it was a privilege to present the Youth of the Year Award honoring the outstanding role model in our community to Elizabeth Stender. Mr. McGinty highlighted some of Elizabeth Stender’s many and various academic, civic, sports and leadership accomplishments. Supervisor Cudney joined Mr. McGinty as he presented and read the inscription on the award plaque to Elizabeth. Supervisor Cudney congratulated Elizabeth and stated she was pleased to be involved in her recognition. Supervisor Cudney, on behalf of the Town Board, wished Ms. Stender all best in the future. Supervisor Cudney introduced Elizabeth’s family, her parents, Marsha & Tom Stender and her sister Abby.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on May 21, 2003 and the Executive Session held on May 28, 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 7:13 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the petition from People, Inc., to rezone vacant land on the south side of Southwestern Boulevard, east of Hazel Court from R-3 to SR in order to construct a senior housing facility.
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 404 of the Buffalo Creek Indian Reservation. Township 10 and Range 7 of the Holland Land Company’s Purchase, Bounded and Described as Follows:
Beginning at a Point in the Southerly Line of Southwestern Boulevard, said point also being the Northeast Corner of a certain Map cover as filed in the Erie County Clerk’s Office in Map Cover Book No. 2030 and being a Point in the Westerly Line of Lands Conveyed to Hurst as Recorded in the Erie County Clerk’s Office In Liber 2632 of Deeds at Page 23; Thence S.78° 56’ 38”E. along the Southerly Line of Southwestern Boulevard a distance of 231.10 feet to the Westerly Point of Lands Appropriated by the State of New York as shown on Map No.88, Being Parcel No.98 and Recorded in Liber 7220 of Deed At Page 278; Thence S.731° 1400”E. along the Southerly Line of said lands Appropriated by the State of New York a Distance of 201.0 feet more or less to an angle point therein; Thence S 78°56’38”E. continuing along the Southerly Line of said lands Appropriated by the State of New York a Distance of 8.8 feet more or less; Thence S.10°53’22”W. along a Line parallel with the East Line of Lot 404 of the Buffalo Creek Indian Reservation a Distance of 394.00 feet; Thence Westerly along a Line parallel with the centerline of Southwestern Boulevard at a bearing of N78°56’38”W a Distance of 439.85 feet to a point in the East Line of Map Cover No. 2030, and the West Line of said Lands conveyed to hurst; Thence Northerly along the East Line of Map Cover No. 2030 and West Line of hurst, Being parallel with the East Line of Lot 404, At a bearing of N.10°53’22”E. a distance of 414.00 feet to the point or place of beginning, containing 4.130 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 opened the Public Hearing and asked the petitioner to explain the project.
Jocelyn Bos, Housing Director from People, Inc., introduced William Long from William Long Associates Architects, Pat Batar from William Schutt & Associates Engineers and Samuel Savarino from Savarino Construction. Ms. Bos gave a brief overview of the proposed project, which is an independent living apartment complex. It will consist of 50 unit apartments, 49 will be rented and the other will be a managerial unit. The difference between this and other apartment complexes is the funding criteria which is reserved for individuals 62 years of age and older capable of independent living. These individuals must meet the income criteria, which for one person this year cannot exceed $18,400.00 or for two people cannot exceed $ 1,000.
Councilman Buyer asked Ms. Bos if People, Inc. operated other apartment facilities. Ms. Bos said they do have facilities in Hamburg, Blasdell, Cheektowaga, Grand Island, two in Buffalo and currently one under construction in Amherst.
Comments from the floor:
Stewart Crosley, 32 Larned Lane: He asked where the proposed project site is located.
Mrs. Weiglein, 2324 Southwestern Boulevard: She stated that she and her husband do not opposed the proposed project, but would like to know how the apartment complex will get water. Mrs. Weiglein stated they have well water, not public water. The Town Engineer stated that there are public water lines along Southwestern Boulevard and explained that part of the Town Water Improvement Project is to connect the Hazel Court water line with the Southwestern Boulevard water line. The Town Engineer stated that the Erie County Water Authority will not allow anyone to tap into their transmission main along Southwestern Boulevard, but there is an 8” line which is fed off the Town Milestrip water tank. The Town Engineer stated that there is public water available to the Weigleins.
Pat Batar, William Schutt & Associates: She stated that as the Town Engineer explained, there is an existing transmission main and with the Town Water Improvement Project it will connect two terminating 8” water lines that would go across the frontage of the proposed project property that can be tapped into to supply public water for the apartment complex. People, Inc. would be required to pay the tap in fees plus any back flow prevention on that waterline.
John H. Marlow, 47 Brookins Green Drive: He submitted a letter, not against the proposed project and rezoning, but stating his concern that the original golf course site plan does not provide for any subdivision of the proposed golf course area including the referenced “vacant land” located east of Hazel Court.
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 the petition from People, Inc., to rezone vacant land on the south side of Southwestern Boulevard, east of Hazel Court from R-3 to S-R in order to construct a senior housing facility, is hereby closed at 7:24 PM (local time).
The resolution was unanimously adopted.
New Business #1 Southtown’s Relay for Life Committee requests a temporary sign permit
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from Southtown’s Relay for Life Committee for a temporary sign to display a banner from June 6th to June 20th at McFarland Green to advertise the Relay for Life Event taking place on June 20, 2003 at the Erie Community College South Campus.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the 2003 Public Stable Permit for Hammersmith Farms, 6243 Benning Road, as recommended by the Building Inspector.
The resolution was unanimously adopted.
5) 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 approve the request from The Tabernacle, 3210 Southwestern Boulevard, for the temporary placement of a 4x8 foot sign to be displayed from Monday June 9, 2003 through June 29, 2003 in front of their property for the purpose of promoting their Annual “International Fest” on Sunday June 29, 2003.
The resolution was unanimously adopted.
6) 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 approve the request from the Committee for the Sixth Annual Thomas R. Gardner Memorial Scholarship Fun Run on Thursday, July 3, 2003 at 7:00 PM. The race will start and finish at the Department of Recreation at Yates Park.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, to complete the Baker Road Reconstruction design work, existing soil conditions in the vicinity of the bridges and pavement section (subbase/subgrade) throughout the project need to be known, and
WHEREAS, the preliminary survey work underway, test bore locations have been marked in the field as determined by the Town’s consultant, URS Inc., the Town of Orchard Park will directly contract the test boring services for Baker Road Reconstruction and add the findings to the Town’s soil boring records book, and
WHEREAS, in order to keep the project on schedule, the Town Engineering Department has solicited services from a local consultant SJB Services, Inc., which is qualified and capable to complete this work in the necessary time frame, and
WHEREAS, estimated cost to complete the project is $1,780.00 plus additional expenses for traffic control. Many of the locations on the road require various levels of traffic control due to the physical limitations of the site. These additional services (flagman, cones, and signs) can be provided at a rate of $300/day. The estimated time to complete the work is two days
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with SJB Services, Inc., 5167 South Park Avenue, Hamburg New York, to provide test boring and pavement core services for the Baker Road Reconstruction Project in an amount not to exceed $2,380.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #6 Request to Hold 5th Cobblestone Grand Prix Pro Cycling weekend on July 5, 2003
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Southtowns Road Race to hold their Fifth Annual Cobblestone Grand Prix Pro Cycling Weekend, July 5, 2003. The following roads are intended to be used for the race: Ward Road, Cole Road, Boston Cross Road, Boston State Road and Chestnut Ridge Road.
Supervisor Cudney stated that this bicycle race starts at 2:00 to 5:00 PM on July 5, 2003.
The resolution was unanimously adopted.
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 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
Jennifer Crawford 196 Winspear Ave., Buffalo A
Kathryn Cross 4 Mt. Airy Drive A
Aaron Dux 24 Bender Drive S
Jordan Eimer 6045 Bunting Road A
Chris Fitzgerald 6231 Bunting Road A
Valerie Gehring 51 Lakewood Drive S
Jessica Hageman 75 Curley Drive A
Amanda Hinkle 15 Fir Top Drive A
Jackie Lex 151 Idlewood Drive A
Mike Lindstrom 6235 Scherff Road A
Jesse Mang 16 Cherry Tree Lane A
Anne McNall 31 Timberlake Drive A
Kari Mielcarek 4140 Stockton Lane, Hamburg S
Tara Mouw 379 Rowley Road, Depew S
Scott Przybysz 54 Wildy Lane, Cheektowaga S
Andrew Ramage 15 Daisy Lane A
Susanne Schifano 60 Brompton Court A
Beth Walh 7 Birch Run A
Tom Wellington 6711 Jewett Holmwood Road S
Elizabeth Yates 240 Independence Heights A
Darcy Zappia 32 Quaker Lake Terrace A
Florence Kirkner 16 Bender Drive S
Councilman Kaczor stated that the summer staff has gone from 67 to 41individuals which will save the Town money. He credits the newly structured Recreation Department under the new Director Ed Leak. (The Recreation Director was in the audience and stated that he wants to provide the safest and best quality programs for the summer.) Councilman Kaczor stated the Recreation Department worked with the Erie County Health Department and the American Red Cross to meet the qualification and certifications needed for the staff. The Police Department assisted in implementing of the new child protection policy, which all employees must meet.
The resolution was unanimously adopted.
New Business #8 Authorize Bid for Skate Board Park equipment.
10) 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 authorize the advertisement for bids for Skate Board Park Equipment for Friday, June 20, 2003 at 11:00 AM, in the Supervisor Conference Room, at the Orchard Park Municipal Center, 4295 South Buffalo Street, Orchard Park New York, with packets available in the Town Clerk’s office on June 16, 2003, and be it further
RESOLVED, that the Town Clerk will publish due notice.
Councilman Jemiolo commended the Recreation Director, Ed Leak, and thanked him for his work on this project. Supervisor Cudney stated that the Town would receive $25,000 towards the equipment for the Skate Board Park from the New York State Office of Parks, Recreation and Historic Preservation Grant.
The resolution was unanimously adopted.
New Business #9 Authorize Grant application to NYS for Milestrip Road Recreation Site
11) 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 authorize and direct the Supervisor to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in the amount not to exceed $71,345, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town of Orchard Park for the development of an asphalt walking path, landscaping and plantings, the installation of park benches, trash receptacles, a drinking fountain, a flagpole, lighting fixtures, and entrance sign, entrance roadway screening and field signage at Milestrip Road Recreation Area and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property, and be it further
RESOLVED, that the Town of Orchard Park will contribute $71,345 in cash and in-kind goods and services, or 50% of the total project cost of $142,690.
The resolution was unanimously adopted.
New Business #10 Authorize Grant application to NYS for Jolls House Improvements
12) 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 and direct the Supervisor to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in the amount not to exceed $45,835, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Orchard Park for the exterior rehabilitation the Johnson-Jolls Complex to include roof replacement and the installation of twelve storm windows and three storm doors and, if appropriate, a conservation/preservation covenant to the deed of the assisted property, and be it further
RESOLVED, that the Town of Orchard Park will contribute $45,835 in cash and in-kind goods and services, or 50% of the total project cost of $91,670.
The resolution was unanimously adopted.
New Business #11 & 12 Refer to Planning Board and/or Conservation Board
13) 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 refer to the Planning Board and/or Conservation Board the following items:
§ Jim Ball Pontiac GMC requesting to rezone .40 acres of land located at 100 Hart Place, to provide additional vehicle display.
§ Bierworth-Reidman Homes Inc., vacant land, east side of Orchard Park Road, south of Southwestern Boulevard requesting Special Exception Use Review.
Councilman Buyer stated that the Bierworth-Reidman Homes Inc., was approved for residential rezoning, but they do need special exception use to proceed to the next phase of the project.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney reported on the progress of the proposed changes to the Town Code of Ordinance concerning Dogs License Fees and Animal Control. She stated the Town Board has established an Advisory Committee consisting of several people that were present at the Public Hearing in May. Dennis Buczkowski the Animal Control Officer and Supervisor Cudney acting as Chair, will also serve on the committee. Supervisor Cudney reported on the Erie County/N.E.S.T. Household Hazardous Waste Drop Off Day held at Erie Community College South Campus on Saturday, June 21, 2003, from 9:00 AM – 2:00 PM.
14) 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 approval of all entries on Warrant #11 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 155,498.76 |
|
Part Town Fund |
$ 4,061.84 |
|
Risk Retention |
$ 0.00 |
|
Highway Fund |
$ 43,094.82 |
|
Special Districts |
$ 533,447.03 |
|
Trust & Agency |
$ 8,102.89 |
|
Capital Fund |
$ 28,798.12 |
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED IT’S ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize to receive and file the following Communications: New York Public Outreach Office of the New York Public Interest Research Group (NYPIRG) requesting to do community outreach on environmental issues in the Town of Orchard Park between June 1, 2003 through June 30, 2003.
The resolution was unanimously adopted.
16) 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 authorize to receive and file the following Reports: The Recreation Commission 2002 Annual Report and the Chief of Police’s Monthly Report for May 2003.
The resolution was unanimously adopted.
Marvion Ashburn, 6326 Benning Road: He thanked the Town Board for sending him the information he requested. Mr. Ashburn also relayed regrets on behalf of Councilwoman Ackerman for her absence, due to her daughter’s graduation from Medical School.
Joseph & Darlene Fasolino, 1045 Jewett Holmwood Road, East Aurora: He stated that a few weeks ago a golf ball from the Orchard Park Country Club hit Ms. Fasolino’s car and the damage was estimated at $1,400. He stated a Mr. Baker, from the Orchard Park Country Club, told him and his wife that there was nothing they could do, because according to the law, the driver assumes the risk when driving by a golf course. The Fasolinos would like netting installed to protect pedestrians and drivers from potential future accidents. The Town Attorney stated that it is unfortunate, but there is no recourse, other than filing a claim, which probably would not be successful in court. Supervisor Cudney stated that she could check with the Police Chief as to the number of accidents or injuries and if the amount is significant, it could be referred to the County Legislature. Jewett Holmwood Road is a county road, therefore, the County would have jurisdiction. Supervisor Cudney stated that this issue could be investigated.
Councilman Jemiolo asked the Town Attorney if a golfer’s homeowners insurance would cover the claims. The Town Attorney stated that it would if there was liability and negligence would have to be proven. Councilman Buyer asked Town Attorney Berkowitz if municipalities have any authority governing the safety aspects of golf courses. The Town Attorney said he believed they had none, unless the municipality owned the golf course.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, the meeting was adjourned at 7:48 PM (local time).
Respectfully Submitted,
Town Clerk