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 3rd day of September 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
Wayne Bieler Town Engineer
Absent: Ronald A. Geitter Superintendent of Highways
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 August 20, 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.
Old Business #1 Award the Bid for the McFarland Green/Brick Paved Walkway & Landscaping
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town of Orchard Park did receive and open sealed bids on August 20, 2003 for the McFarland Green/Brick Paved Walkway & Landscaping
RESOLVED, that the Town Board does hereby award the bid for the McFarland Green/Brick Paved Walkway & Landscaping to Gleason’s Nursery, Inc., 4780 Sheridan Drive, Williamsville New York 14221, in an amount not to exceed $47,809.00, they being the lowest responsible bidder.
The resolution was unanimously adopted.
New Business #1 Approve PIP #2003-02 for the Barrington Heights Subdivision
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Engineering Department has received from Elliot Laskey, Barrington Heights Partnership, 2635 Millersport Highway, Getzville, New York an application for a Public Improvement Permit to construct Part I, Phase II of the Barrington Heights Subdivision, and
WHEREAS, the proposed phase will include the installation of 1900 L.F. of roadway and public utilities to serve 27 residential sublots. The plans and specifications for the proposed project are in compliance with current Town specifications, and the Town is in receipt of all necessary fees, bonds, and insurance’s
RESOLVED, that the Town Board does hereby approve of Public Improvement Permit #2003-02 for the Barrington Heights Subdivision, Part I, Phase II, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Public Safety Committee Requesting Town to Erect Signs on Ward Road
4) 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 authorize the Town Highway Department to post a 35 MPH Speed Limit Sign on the Town of Orchard Park section of Ward Road, and be it further
RESOLVED, that the Town Board shall send a letter to the Erie County Department of Transportation requesting they post their section of Ward Road at 35 MPH to continue the effort to be consistent for the entire length of the road, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
New Business #3 Public Safety Committee Requesting Town to Erect a Sign for Birdsong Estates
5) 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 authorize the Town Highway Department to post one (1) “Children at Play” sign at the entrance into the Birdsong Estates, as recommended by the Public Safety Committee.
Supervisor Cudney stated that this sign was being posted because of the playground area in the subdivision.
The resolution was unanimously adopted.
New Business #4 Resolution regarding the Re-Striping of South Buffalo Road
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the State Department of Transportation intends to resurface and re-stripe that portion of South Buffalo Road in the Town of Orchard Park between the School Street/Clark Street/South Buffalo Road intersection, and
WHEREAS, Orchard Park Town residents, particularly those residing in southern Orchard Park, frequently travel this portion of South Buffalo Road thus having a serious interest in maintaining the present orderly free flow of traffic while driving to and from their destinations, and
WHEREAS, many community leaders have come forth stating their opposition to reducing the lanes of traffic on South Buffalo Road, and
WHEREAS, those leaders include the present and past Orchard Park Chiefs of Police, the Orchard Park Board of Fire Commissioners, The Orchard Park Public Safety Committee, the Orchard Park Chamber of Commerce, and the Orchard Park Business Association, and
WHEREAS, these community leaders are concerned about the smooth flow of traffic on South Buffalo Road, and they are concerned that traffic will find easier routes on residential side streets, putting children in these areas in greater danger, and they are concerned about the accessibility of South Buffalo Road for residents, businesses, churches and schools, and
WHEREAS, this portion of South Buffalo Road has an outstanding safety record, and is classified at an “A” level of service by the State DOT, and
WHEREAS, the proposed changes will reduce this classification in some areas of South Buffalo Road to a “B” level of service, and
WHEREAS, the Orchard Park community is growing and there is an expectation that traffic is likely to increase in future years, and
RESOLVED, the Town Board of the Town of Orchard Park respectfully requests the State DOT to leave the above mentioned portion of South Buffalo Road in its current four lane configuration, and be it further
RESOLVED, the Town Board of the Town of Orchard Park respectfully requests the State Dot to set a uniform speed limit of 35 MPH in the above mentioned portion South Buffalo Road.
Councilwoman Ackerman commented on the safety issue with the three-lane reconfiguration. Traffic would no doubt divert to the residential streets off North Buffalo Road as the result of the slow down of vehicles. These streets are meant to be destinations and not shortcuts. Councilwoman Ackerman stated that according to the information supplied, it is her opinion that if traffic is reconfigured to the three-lane option, there would be increased vehicular traffic in areas not suited for it. Councilwoman Ackerman stated that economics is another issue to consider. This section of roadway is in very good physical condition and it would be an imposition on the taxpayers to repair it until it is necessary to do so. Councilwoman Ackerman referred to the Sear Brown ratings of “A” and “B” level service studies and the concerns of the business community and stated that she will be supporting this resolution.
Councilman Buyer stated that the majority of this Town Board has been involved for years in the three vs. four-lane issue. Councilman Buyer stated that according to professional planners, the slow down of traffic would make the businesses more visible to motorists, generate shopping and enhance economy. Councilman Buyer stated that the present businesses on South Buffalo Road are not the type that might benefit from slowing traffic due to the fact that they are the type that would be selected and not in the retail category. Councilman Buyer supports the resolution, as he feels that there is insignificant data to substantiate the need to change the striping. From a planning perspective, he feels that it should remain four lanes.
Councilman Kaczor thanked the business people who attended the Work Session and gave their input. He stated that former leaders past and present support the four-lane concept. Councilman Kaczor stated that he would vote for the resolution.
Councilman Jemiolo stated that if safety is the major concern regarding the three vs. four lane on South Buffalo Road that it is the job of the NYSDOT to make the determination if it hazardous. As a Town official, he is equally concerned for the residents and the added traffic on the side streets. If the traffic backs up, vehicles will avoid the business district, accidents on side streets are bound to occur and there will be deterioration of the roads. The Business Association is very involved and has circulated petitions to leave South Buffalo Road as it is now. Councilman Jemiolo stated he supports this resolution.
Supervisor Cudney read a prepared statement for the record:
The proposal to look at the feasibility of a three-lane configuration for South Buffalo Street was a direct result of the Campus Plan Proposal. At that time both the Town and Village requested that the NYSDOT study this issue.
The resulting report by Sear Brown was released by NYSDOT in January 2002. Based on the speed analysis a 35MPH speed limit is recommended. I have no problems with agreeing with this recommendation. I have no problems with agreeing with the recommendation for a 35MPH speed limit.
The data analysis looks at accidents over a three-year period. Three intersections in the corridor show higher than state average accidents. Those are Thorn Avenue, Highland Avenue and Ellicott Road. Other accident information shows one bicycle accident and three pedestrian accidents at School Street. To quote the study: “To summarize, although not reflected in the accident statistics, there appears to be a safety deficiency at School Street, especially for pedestrians.” In addition, the analysis of the capacity data states: “Results from the engineering analyses indicate that traffic operation along Route 277 within the study limits, are acceptable.”
The alternatives analyses compares the Level of Service (LOS) along the corridor at each intersection, of the existing road to a three lane alternative configuration. The chart in the report shows that only the intersection of Jewett Holmwood and the intersection at NYSRT.240/Armor Duells Road with changes in LOS. The Jewett Holmwood intersection would go from an “A” rating to a lower “B” rating. The intersection at NYSRT240/Armor Duells Road would improve from a “B” rating to an “A”, with three lanes. One intersection improves, one gets worse. The final proposal from the NYSDOT to the Village Board does not include either of these intersections in the changes. These intersections will not be included in the three lane re-striping, but remain as they are now: with four lanes.
The alternatives analyses recommends closure of South Lincoln Avenue. That has been accomplished and I applaud the Village for taking that step. The analyses also state: “Safe pedestrian passage is of particular concern in the vicinity of Highland Avenue and School Street. Orchard Park Middle School, South Davis Elementary School and the Nativity of Our Lord School are all located within close proximity to Route 277 and contribute to pedestrian volumes. In addition, many walkers are destined to the Public Library and Yates Park, located near Highland.” This to me is significant to point out.
The analysis continues to point out that the three-lane alternative will act as a form of traffic calming, and could provide the opportunity for parking or bike lanes. The report states: “further review would be required to determine the best location for the bike accommodations….Different combinations of parking/bike arrangements may be laid out.”
The final conclusions state: “Engineering analyses have illustrated that traffic is currently operating acceptably throughout the study corridor and is experiencing minimal delays. A capacity analysis has shown that a four-lane segment provides excess capacity for the existing traffic volume. Therefore, in an effort to create a more village like atmosphere along the corridor, the option to reduce the number of lanes is feasible, in terms of traffic options.”
Finally, after all that, the conclusion of the Sear Brown Study really states that a three-lane option is feasible in an effort to create a more village like atmosphere.
The study does not report on the concerns voiced by the business community or the public safety sector.
Citizens have been involved in this debate at Village meetings, and I even added my voice. As a citizen and resident of the Town of Orchard Park, I stated that I personally favored the three lane, but I also stated that as the Supervisor, I thought the business community should be listened to now. I suggested that the Village put off the three lane re-striping until the next time it was needed at allow the businesses to recover and to allow for the three lane portion of North Buffalo to be evaluated. When I spoke publicly, I also asked the business community to look to the future when they have recovered from the construction, and if the Village wanted to consider a three lane in four or six years, I hoped that the businesses would support it then.
After the Village Board voted three to two in favor of the three lane configuration, four members of the business community came to last week’s Work Session and asked the Town Board to vote on this issue at this September 3rd meeting. I am opposed to the Town of Orchard Park Board voting on this since I think it the wrong precedent to set. I said the request from the business people gave me a very uncomfortable feeling in my gut and it reminded me of when your are a parent and your child does not get the answer he likes from Mom so he goes to Dad with the same request. I apologize if this remark was taken out of context and relayed to the business community that I thought they were acting like children. However, based on my best judgement in things both parenting and government, I do not like the precedent this resolution sets, but I will vote on it tonight.
I have read all the reports and information supplied to me from the NYSDOT and the Village Office. I have read the comments of all Village Board Members. I have read all the comments presented to the Town of Orchard Park Board by the businessmen at last Wednesday’s Work Session.
Nothing in the studies I read evaluated whether the three-lane configuration was safe for fire and police vehicles. One report suggested that a middle turning lane would act as a safe travel lane for emergency police, fire and ambulance responders. However, no concrete data was supplied comparing this to a four lane. I called the Iowa Department of Transportation, which supplied information on towns in Iowa that had changed four lane highways into three lane highways, today and requested any available information that might give data to answer this question.
Finally, at this time I want to state that I am casting My Vote “under protest” because, the way I see it, the Town of Orchard Park Board is stepping outside its authority. The Village Board has voted for three lanes. The have the authority and have exercised it.
In my opinion I think; the road will work as a three lane; it will enhance the Village atmosphere; it will slow traffic and may cause some business slowdown too, AND I EMPATHIZE WITH THE BUSINESS COMMUNITY and I will continue to pursue economic programs and incentives to help them, like the 485B Enhancement; it will increase pedestrian and bicycle safety; it will result in fewer accidents; it may increase traffic on some side streets, BUT SO WILL GROWTH, A MUCH BIGGER ISSUE TO GRAPPLE WITH IN THE FUTURE; it may cause a slowdown of emergency vehicles in the corridor; it may make it easier for emergency vehicles to travel in the middle land; it has been proven three lanes have been successful in many other communities across the country with many of those originally in strong opposition admitting afterward that they like the three lane (See attached editorial from the Duluth-News Tribune, titled “Admit it, 21st East works”); it is a change that will please some and anger others
Supervisor stated she votes nay to this resolution, but does support the three lane and the 35-MPH speed limit.
Councilwoman Ackerman stated that in a section of the Sear Brown report, it states that accidents were caused by driver error and not by configuration. She further stated that the intersection at Highland Avenue and South Buffalo Road has been under consideration for years for a traffic signal and the NYSDOT denied it stating it is not warranted. Councilwoman Ackerman finished with her concern about the bike lanes ending abruptly from South Buffalo into the area of School Street and Clark Street.
Supervisor Toni M. Cudney Nay
Councilman David M. Buyer Aye
Councilwoman Nancy W. Ackerman Aye
Councilman Stanley A. Jemiolo Jr. Aye
Councilman David R. Kaczor Aye
The resolution was duly adopted.
New Business #5 Recreation Director Requesting to send the Recreation Supervisor to Conference
7) 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 request of Recreation Director Ed Leak for Recreation Supervisor Theresa Gang to attend the National Recreation and Parks Association Adult Leadership Training in Landsdowne, Virginia from September 8th through the 11th, 2003, at Town Expense as budgeted.
The resolution was unanimously adopted.
8) 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 following 2003 Fall/Winter Recreation Department Staff Appointment, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.
Name Address Position
Jessical Hageman 75 Curley Drive A
Laura Plamo 5 Lakewood Drive A
Daniel Kraft 4462 Buffalo Street A
Thomas Scheeler 71 South Meadow Drive A
Florence Kirkner 16 Bender Drive S
Stephanie Battaglia 112 Burbank Drive L
Marilyn Found 5490 Chestnut Ridge Road L
Lauren Randle 12 thomaston Lane L
Scott Przybysz 54 Widly Drive, Cheektowaga L
Paul Kostelny 6640 Webster Road A
Lynda Somerville 46 Chauncy Lane A
Joe Huber 6680 Gartman Road A
Jillian Riffel 12 Cambridge Court A
Valerie Gehring 51 Lakewood Drive A
Tara Mouw 379 Rowley Road, Depew A
Tom Wellington 6711 Jewett Holmwood A
The resolution was unanimously adopted.
New Business #7 Approve the following 2003 Commercial Parking Permits
9) 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 following 2003 Commercial Parking Permits: Yanping Gao, Richard Schosek , Daniel DeMarco, Twin Oak Motel, Kenneth Doeing, Michael & Karen Todd, Thomas Carrow, Stadium Mobil, Inc., and be it further
RESOLVED, all commercial parking lot addresses for the above applicants may be obtained from the Town Clerk’s Office.
Councilman Buyer stated that since 9-11, homeowner’s liability insurance rates have soared and some of the residents who have commercial parking permits may stop parking due to this fact. Councilman Buyer stated that this could be a problem in the future since Stadium parking lots can not accommodate all the vehicles for capacity events.
The resolution was unanimously adopted.
10) 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 to refer the request of Norman Grotke, 25 Boldt Court, Orchard Park, to become an out of district water customer to Orchard Park Water District #8, to the Engineering Department.
The resolution was unanimously adopted.
Supervisor Cudney stated that at the Association of Erie County Government meeting, Richard Tobe, a member of the Financial Control Board for the City of Buffalo, described the role of the Board to the attendees. He stated that Mayor Masiello would be submitting a plan to the Control Board. Supervisor Cudney stated that there would be a Public Hearing on September 6, 2003 at Erie Community College Downtown Campus regarding the Buffalo Control Board and it will impact the Town of Orchard Park. The other item at the meeting was proposed resolution asking the Association for support regarding the 485B Enhancement Zones in the towns that don’t have their own Industrial Development Agency Boards, which Orchard Park is in favor of. Supervisor Cudney announced that the Partners for a Livable Western New York will have a meeting Monday September 8, 2003 from 6:00 PM to 8:00 PM at the United Way Building at Delaware Avenue at Summer Street in Buffalo regarding the subject of growth.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, Quaker Crossing, LLC, 3275 N. Benzing Road, Orchard Park, New York commonly known as the Target Plaza has conveyed to the Town of Orchard Park certain Conservation Easements, and
WHEREAS, Quaker Crossing, LLC wishes to release the encumbrance of certain areas of the Conservation Easement and dedicate to the Town additional Conservation Easements, and
WHEREAS, Conservation Easements which will be released by the Town and the Conservation Easements which will be dedicated to the Town
RESOLVED, that the Town Supervisor, is hereby directed to execute those documents necessary to release certain areas of the Conservation Easement described in the map, available in the Town Clerk’s office, on the condition that the additional areas of Conservation Easements be dedicated to the Town, and be it further
RESOLVED, that the Orchard Park Town Board, being the sole involved agency hereby adopts a negative declaration pursuant to the State Environmental Quality Review Act, with regard to the above referenced action, Quaker Crossing, LLC, and
RESOLVED, that the owner will continue to maintain the detention basin included within the new boundaries of the Conservation Easement, and be it further
RESOLVED, that this Resolution is subject to a permissive referendum and shall be published by the Town Clerk in the official newspaper.
Councilwoman Ackerman stated that the Town is amending the conservation easement and enlarging it for a tenant at the Target Plaza. Councilwoman Ackerman thanked Mr. Buchheit for his generous additional donation of land for the easement.
Councilman Kaczor introduced Mr. Buchheit who was present in the audience and thanked him.
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize to refer the request of Quaker Crossing, LLC, for their revised parking plan changes for the retail center to the Planning Board and the Conservation Board.
Councilwoman Ackerman congratulated Mr. Buchheit on the immaculate Quaker Crossing facility and stated that the Town is fortunate to have such an attractive project in our community.
The resolution was unanimously adopted.
Councilman Kaczor asked the residents to pay attention to the consolidation and sales tax issues.
Town Clerk Colarusso stated that the Primary Election is Tuesday September 9, 2003. The Polls will be consolidated, which is a cost savings for the Town and they are open from 6:00 AM to 9:00 PM.
13) 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 approval of all entries on Warrant #17 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 61,314.08 |
|
Part Town Fund |
404.12 |
|
Risk Retention |
0.00 |
|
Highway Fund |
20,699.17 |
|
Special Districts |
18,606.23 |
|
Trust & Agency |
4,197.56 |
|
Capital Fund |
16,494.59 |
The resolution was unanimously adopted.
14) 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 the following Communications listed on the agenda:
§ Erie County Department of Environment & Planning: Electronic Recycling drop-off day, Saturday, September 27, 2003 at Praxair Inc., in the Town of Tonawanda.
§ State of New York Department of Transportation: Drainage Improvements on Routes 2, 78, 187 and 240 have been accepted by this department on August 21, 2003.
§ State of New York Department of Transportation: Sign Replacement on Routes I-290, 198, 219, 400 has been accepted by this department on August 21, 2003.
§ State of New York Department of Transportation: letter sent to the Town and Senator Volker regarding the request for a reduction in speed on Southwestern Boulevard.
The resolution was unanimously adopted.
Joseph Ippolito, 3085 Southwestern Boulevard: He wanted to caution the Town in the involvement of trails, due to liability issues. The Town Attorney stated that the trail Mr. Ippolito is referring to, is on the Bierworth-Reidman Development and it would be their responsibility for the liability on their property. The easement in question is a conservation easement.
Marvion Ashburn, 6326 Benning Road: He would like to see the speed limit posted on the flashing signs by the school. Mr. Ashburn would like to see a Town wide 35-MPH speed limit. He feels that a three-lane highway is not as safe as a four-lane. Mr. Ashburn had some questions on the comprehensive financial report, water district and green space.
Nicholas Taneff, 279 Summit Avenue: He asked if there is any progress in regard to the proposed bridge that Diversified Controls agreed to build across the creek to divert plant traffic away from Summit Avenue residents. Councilwoman Ackerman stated that Diversified Controls has not followed through with the agreement and the Town cannot force them to do so. Councilwoman Ackerman stated that she would contact the owners again as to their intentions on following through with their agreement.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Kaczor, the meeting was adjourned at 8:15 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk