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 18th 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
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highway
Wayne Bieler Town Engineer
ABSENT: 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 SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held on June 4, 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.
Councilwoman Ackerman abstained, as she was not at this meeting.
The resolution was duly adopted.
Old Business #1 Ralph Hogg, 5475 Webster Road, Requesting Rezoning
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for Wednesday, July 16, 2003, at 7:00 PM, for Ralph Hogg, 5475 Webster Road, requesting rezoning from B-2 to B-2 Special Exception Use in order to construct a car wash facility. This is an Unlisted SEQR Action and a Negative Declaration is required.
The resolution was unanimously adopted.
Old Business #2 Liberty Woods Construction, 3300 N. Benzing Road, Requesting a Bldg. Permit
3) 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 from Liberty Wood & Construction, 3300 North Benzing Road, for a building permit to construct a 2,960 square foot addition to an existing building for cold storage. The Planning Board, 6/11/03, recommends approval of this request and of the site plan with the following stipulations.
§ This is an Unlisted SEQR action based on the submitted Full EAF Parts 1 and 2 and a Negative declaration is made.
§ A landscape completion bond in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 40% green space. A landscape completion bond in the amount of $6,665.00, or a certified check in the amount of $3,332.50, shall be presented to the Town Clerk prior to a Building Permit being issued.
§ The site lighting plan is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens.
§ No outside storage or display is permitted.
§ Dumpsters as shown shall be screened along with any additional dumpsters, all of which shall be screened in accordance with Section 144-25 of the Town Code.
§ Town Engineering approval was granted on of 6/9/03.
§ Reduced parking of 13 spaces shall be provided, with 10 in reserve as green space. Per Section 144-29A-2 reduced parking is recommended with the reserve parking to be provided if deemed necessary by the Building Inspector and Planning Board based on building use.
The resolution was unanimously adopted.
Old Business #3 Bierworth-Reidman Homes, Orchard Park Road & Southwestern Boulevard
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for Wednesday, July 2, 2003, at 7:00 PM, for Bierworth-Reidman Homes request to rezone from R-3 to R-3 Special Exception Use +/- 50 acres of vacant land, east side of Orchard Park Road, south of Southwestern Boulevard, to construct a 290-unit apartment complex. This is a Type I SEQR Action, and, based on the Certification to Approve filed by the Town Board on 5/21/03, no further SEQR Action is required.
The resolution was unanimously adopted.
Old Business #4 Jim Ball Pontiac, 100 Hart Place, Requesting Rezoning
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for Wednesday, July 16, 2003, at 7:00 PM, Jim Ball Pontiac, 100 Hart Place, requesting rezoning from R-2 to B-2 in order to expand the existing office space. This is an Unlisted SEQR Action and a Negative Declaration is made.
The resolution was unanimously adopted.
Old Business #5 People Inc., Southwestern Blvd, East of Hazel Court, Approval of Rezoning
6) 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, was conducted at the Municipal Center, S4295 South Buffalo Street, Orchard Park New York on the 4th day of June, 2003, relating to an amendment to the Zoning at which time all interested parities were given the opportunity to be heard, which amendment provides as follows: To rezone from R-3 to SR, vacant land, south side of Southwestern Boulevard, east of Hazel Court, as petitioned by People, Inc. , and
WHEREAS, no recommendations from the Erie County Department of Planning, pursuant to Section 239-mm of the General Municipal Law was received and filed by the Town Board, and
WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and
WHEREAS, the Town Board did declare a Negative SEQR Declaration
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. 404, of the Buffalo Creek Indian Reservation, Township 10, 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 Deeds at Page 278; Thence S.73°14’00”E. Along the Southerly Line of said Lands appropriated by the State of New York a Distance of 210.0 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 N.78°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.
RESOLVED, that this approval is granted with the following stipulations as recommended by the Planning Board, 4/30/03:
§ 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 preliminary development plans, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
§ This recommendation is based on a 50 unit, two-story structure with the architectural features presented on the rendering submitted on 4/22/03.
§ The lighting plan shall be in compliance with the 5/6/03 submission and utilize full cut-off fixtures.
§ A minimum 35’ wide landscaped buffer shall be developed based on the 3/28/03 plan along the west lot line with a minimum number of parking spaces, per the 5/5/03 site plan.
§ The building chilling unit shall be screened and located on the building’s southeast corner.
§ The West Seneca Rotary Foundation shall submit a revised Golf Course Plan detailing the removal of the 4.13-acre site from the plan.
And be it further
RESOLVED, that the Town Clerk publish and post a copy of said amendment in accordance with Section 264 and 265 of the Town Law, and be it further
RESOLVED, this ordinance shall take effect ten days after publication and posting in accordance with law.
The resolution was unanimously adopted.
Old Business #6 Bryant & Stratton, Vacant Land in Sterling Park, Requesting a Building Permit
7) 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 authorize a Building Permit, and approve the Site Plan received 6/18/2003, for Bryant & Stratton on 5.68 acres of vacant land in Sterling Park Zoned I-1, to construct a 32,000 square foot Southtowns Campus with the following stipulations:
§ This is an unlisted SEQR action based on the submitted Long EAF Parts 1 and 2 and a Negative Declaration is made.
§ A Landscape Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 32% green space. A landscape completion bond in the amount of $90,3256.00,or a certified check in the amount of $45,163.00, shall be presented to the Town Clerk prior to the Building Permit being issued.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens. Any additional building lights shall be reviewed and approved by the planning board.
§ No outside storage or display is permitted.
§ Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code. This includes the increase to 8 feet in height.
§ Town Engineering Approval has been granted, 6/18/03, with contingency plans to apply in the event that the public (or private) road has not been completed in time for the facility to open.
§ The public roadway will be completed on or before December 1, 2003.
§ Cornice Caps will be added to the façade as agreed upon.
Supervisor Cudney stated that the Town Board just received the Planning Board stipulations a few minutes ago and have not had a chance to review them. She asked that the Board members read the stipulations over and have the resolution reflect the written stipulations from the Planning Board.
Councilman Buyer stated that according to Chapter 12 of the Town Code, as he is an instructor at Bryant & Stratton, he is going to abstain from this vote.
Supervisor Toni Cudney Aye
Councilman David Buyer Abstain
Councilwoman Nan Ackerman Aye
Councilman Stanley Jemiolo Aye
Councilman David Kaczor Aye
The resolution was duly adopted.
New Business #1 Town of Orchard Park to Install Speed Limit Signs on California Road
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DAVID KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign a permit between the Town of Orchard Park & Erie County Department of Public Works to install a 35-MPH Speed Limit Sign on California Rd., between Rt. 20 and Rt. 20A, and be if further
RESOLVED, that based on the recommendation of the Orchard Park Chief of Police and the Public Safety Committee, all of California Road, south of 20A, also be posted at the 35-MPH Speed Limit, and be it further
RESOLVED, that the Superintendent of Highways is hereby directed to erect the proper signs following receipt of this order.
The resolution was unanimously adopted.
New Business #2 Town Attorney to Proceed with accepting the Town portion of Thorn Avenue
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby table the request of the County of Erie Department of Public Works to accept the Town portion of Thorn Avenue, there a few issues to be resolved.
The resolution was unanimously adopted.
New Business #3 Proclamation for Conservative Party Public Servant of the Year Award
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Honorable John M. Curran, resident of Orchard Park, is highly regarded as a public servant in the community, especially with his current service, since 1996, as the Town of Orchard Park Judge, and his past service as Village of Orchard Park Trustee, and
WHEREAS, the Honorable John M. Curran has further served his community by holding educational mock court sessions for school children, by serving as an Orchard Park Youth Court volunteer attorney, by sponsoring the Orchard Park Pride program, and by coaching the Orchard Park Little League Baseball teams,
NOW, THEREFORE, be it
RESOLVED, that the Town of Orchard Park joins the Southtowns Conservatives in recognizing John Curran as the Public Servant of the Year for his dedicated service to the Community, and be it further
RESOLVED, that the Town Board extends congratulations and best wishes to their fellow Town Official, John M. Curran.
The resolution was unanimously adopted.
New Business #4 Town & OP Schools File Joint Application for the COPS School Grant
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize a joint application to the U.S. Department of Justice Grant Program by the Town and School District of Orchard Park for the COPS in School Grant, and be it further
RESOLVED, the funding of this grant will be matched by the Town and the School District of Orchard Park and the Town agrees to maintain this police officer for a period of one (1) year after the award period.
Police Chief McCune stated that this grant will entail a three year period where a veteran officer would be in the schools, plus another full year where the remaining costs of the officer would be supplied by the School District and the Town. At this time the Town & School District would decide if they want to continue this program.
The resolution was unanimously adopted.
New Business #5 Orchard Meadows Requesting to Hold 4th of July Parade
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from the Orchard Meadows Parade Committee to hold their Annual Orchard Meadows 4th of July Parade, Friday, July 4th, 2003.
The resolution was unanimously adopted.
New Business #6 Public Safety Committee makes recommendations for Ellicott Rd & Freeman Rd
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to send a letter to the New York State Department of Transportation for the following, as recommended by the Public Safety Committee:
§ Requesting the removal of the 45-MPH Speed Limit Sign, which is located in the middle of the school zone restricted speed area, on Ellicott Road.
§ Requesting “NO RIGHT ON RED” signs be placed at the intersection of Ellicott Road, with Freeman Road and Scherff Road.
The resolution was unanimously adopted.
14) 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 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
Jessica Mann 11 Hawthorne Drive S
Joe Armenia 31 Green Lake Drive L
Stephanie Battaaglia 112 Burbank Drive L
Julie Burakowski 4088 Baker Road S/L
Glenn Butera 34 Braunview Way L
Beth Chelus 140 Hobby Lane S/L
Marilyn Found 5490 Chestnut Ridge Road L
Caitlyn Gessner 6 Peppermill Road L
Amanda Lullo 115 Hillside Drive L
Lauren Randle 12 Thomaston Lane L
Peter Rozwood 4944 Richmond Avenue L
Mark Tedeschi 6212 Taylor Road L
Ricky Vance 57 Green Lake Drive L
Mario Vinti 5600 Powers Road L
Jillian Riffel 12 Cambridge Court S
The resolution was unanimously adopted.
New Business #8 The Lions Club request use of Green Lake for Annual Fishing Derby
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY, COUNCILWOMAN ACKERMAN O WIT:
RESOLVED, that the Town Board does hereby approve the request from the Orchard Park Lions Club to use Green Lake/Yates Park to hold their Annual Fishing Derby, Sunday, June 22, 2003, with registration to begin at 10:00 AM.
The resolution was unanimously adopted.
New Business #9 Resident from Norwood Land & Stroughton requesting a Block Party
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from the residents of Norwood Lane & Stroughton Lane in the Forest Creek Subdivision to host a Block Party, Saturday, July 19, 2003, from 2:00 PM through 11:00 PM. They are also requesting a blockade be set up just after the driveway of 115 Norwood Land and 155 Stroughton Lane.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney said the Town was informed by the NYSDOT that Sunset Terrace is going to be shutdown at 7:00 am on June 19, 2003, and will be reopened on June 20, 2003, at 5:00 PM due to construction.
17) 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 Channel 2 and Tops Markets to have extra banners and signage to promote the “Child Safety Seat Check” being held June 20th at the Tops Market on Southwestern Blvd.
The resolution was unanimously adopted.
Councilman Buyer stated that in tonight’s communication there is a letter from the Hamburg Town Board to Governor Pataki concerning the Buffalo Management Control Board along with a resolution supporting it and some recommendations. Councilman Buyer asked the Supervisor to put this on the next work session agenda for the Orchard Park Town Board to discuss. Supervisor Cudney stated that she would. Councilman Buyer said that the Annual Ruben Brown Bike Run will occur on June 22nd, starting at noon from Ralph Wilson Stadium. There will be around 4,000 participants and the Salvation Army will receive the proceeds.
Councilwoman Ackerman talked about the DARE Graduations taking place and she wanted to thank the Orchard Park Police Department and the Police Officers who teach the classes and give their support to the students.
Councilman Kaczor said that a letter was sent to Erie County Executive Joel Giambra regarding Bryant & Stratton and his recent veto of their Southtowns Campus project and tax abatements recommended by the Erie County Industrial Development Agency for the proposed Bryant & Stratton school to be built in Sterling Park. The Town Board was disappointed in this decision and they are asking Mr. Giambra to reconsider his decision as Amherst was able to offer the same incentives when Bryant & Stratton put in their north Campus. Councilman Kaczor stated that another disappointment is that the ECIDA has put the 485B Enhancement program that helps small businesses on hold. This information was all presented to the Orchard Park Economic Development Committee by Councilman Kaczor and he proposed the idea to form a Southtowns Economic Development Consortium. They accepted this idea and they are going to run with it. The intent of the consortium is to bring together the Towns & Villages that are represented by the ECIDA, as well as other IDAs which may be in our area, to insure that as a group the needs and wishes of this area are better communicated to the ECIDA so they understand the challenges the Southtowns municipalities face.
They will also use the consortium to compare notes, share best practices among the municipalities, and look at how they are handling their economic development, the processes that are included and keep everyone informed at to what is happening in their Town/Village.
18) 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 #12 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$77,813.08 |
|
Part Town Fund |
$345.15 |
|
Risk Retention |
$17,936.05 |
|
Highway Fund |
$3,449.66 |
|
Special Districts |
$95,360.27 |
|
Trust & Agency |
$3,866.05 |
|
Capital Fund |
$26,839.61 |
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED IT’S ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communication: Supervisor Patrick Hoak from the Town of Hamburg sent a copy of a letter, and resolution, he sent to Governor Pataki concerning the Buffalo Control Board.
The resolution was unanimously adopted.
20) 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 receive and file the following Reports: The Building Inspector’s Monthly Report & Building Permits for May 2003; Erie County Environmental Management Council meeting report by Orchard Park member Frank Newton.
The resolution was unanimously adopted.
Frank Newton, 6463 Bunting Road: Mr. Newton discussed the Erie County Environmental Management Council meeting he attended last night and his thoughts on how the County feels that it will be able to influence what the individual municipalities should do.
Bob Kelly, California Road: Mr. Kelly discussed rezoning California Road, and questioned why the Town Board has not taken any action on the proposed change from R-3 to R-2.
Scott Kroll, President of Orchard Park Jaycees: Mr. Kroll is a member of the Orchard Park Jaycees and he talked about the Earning by Learning Program they have initiated at the Orchard Park Library
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 8:03 PM (local time).
Respectfully Submitted,
Town Clerk