A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 21st day of April, 2004 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were:
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
John J. Mills Councilman
Kathleen A. Swarbrick Deputy Town Clerk
Leonard Berkowitz Town Attorney
Andrew Geist Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Wayne Bieler Town Engineer
ABSENT: Janis A. Colarusso Town Clerk
The Supervisor read into the record the following: “If anyone appearing before the Town Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State Law and the Town Code of Ethics.”
PUBLIC HEARING
At 7:00 PM, the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of an Amendment to the Zoning Ordinance and Zoning Map of the Town of Orchard Park, to rezone vacant land, east side of North Buffalo Road, across from Orchard Park Federal Credit Union, from R-2 and B-3 to B-2 in order to construct multi-tenant buildings and office building, as requested by Benderson Development Co., Inc.
ALL THAT TRACT OR PARCEL OF LAND situate in Township 10, Range 7, Town of Orchard Park, County of Erie, and State of New York, being more particularly bounded and described as follows:
BEGINNING at the point of intersection of the easterly line of North Buffalo Road (66 feet wide) with the north line of lands conveyed to Henry Arnold and David Eddy by instrument recorded in Liber 1 of Deeds at page 73, said north line of Arnold and Eddy being parallel with the south line of Lot 16, and distant 1096.26 feet therefrom, thence easterly along said Arnold’s and Eddy’s north line, at an interior angle of 93°48’39”, a distance of 620.96 feet; to a point in the east line of Edmunds per Liber 240 of Deeds Page 574; Thence northerly along the east line of said Edmunds per Liber 240 of Deeds Page 574, at an interior angle of 86°11’13”, a distance of 133.98 feet to a point; Thence easterly along a line at an interior angle of 273°55’23”, a distance of 18.60 feet to a point in the west line of lands conveyed to Archibald H. Hewson by instrument recorded in Liber 194 of Deeds at page 136, said west line of Hewson being parallel with the east line of Lot 16 and distant 960.3 feet therefrom; thence northerly along said Hewson west line at an interior angle of 89°33’20”, a distance of 261.34 feet to a point; thence westerly along a line at an interior angle of 90°20’04”, a distance of 452.24 feet to a point; thence westerly along a line at an interior angle of 178°58’06”, a distance of 202.98 feet to a point in the east line of Orchard Park Road; thence southerly and along the easterly line of said North Buffalo Road at an interior angle of 87°13’14”, a distance of 392.20 feet to the point or place of beginning. This parcel containing 251,829 square feet or 5.781 acres more or less.
Supervisor Cudney, before opening the hearing to public comments, asked that the following written comments (which will be available in the Town Clerk’s Office) be added to the record:
Name/Address Proponent/Opponent Questions
Written Communications:
John Marlow, 47 Brookins Green Drive Opponent
Burgwardt Properties, 64 Greenmeadow Drive [Burgwardt Bike Museum] Questions
Orchard Park Chamber of Commerce Proponent
Patty and Chuck Lester, 6 Locust Drive Opponent
The following came forward to speak:
Dan Valtin, 14 Locust Drive Opponent
Chuck Lester, 6 Locust Drive Opponent
Dave Stot, 15 Locust Drive Opponent
Pat Abraham, 6783 E. Webster Road Opponent
Ellen Burns, 4128 N. Freeman Road Opponent
Kevin Clough, 280 Sunset Terrace Opponent
Patty Lester, 6 Locust Drive Opponent
Marvin Ashburn, 6326 Benning Road Opponent
Following are some of the concerns and issues expressed: Impact on neighbors, “buffer zone”, drainage issues, mapped swamp area, intrusion into residential neighborhoods, diminishing of property values, lighting and noise, preservation of green areas and the long standing, multiple, empty, Benderson properties locally and in other communities
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Public Hearing in the matter of rezoning, is hereby closed at 7:43 PM (local time).
The resolution was unanimously adopted.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from Dan DeMarco, 4270 Abbott Road, Zoned B-2 for a Change in Use from residential to a beauty salon business as recommended by the Planning Board 4/14/04 with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Short EAF, Parts One and Two, and a negative declaration is made.
§ A landscape completion in the amount of $6,457.40 or certified check for $3,228.70 must be submitted to the Town Clerk in order to obtain a Building Permit.
§ The site lighting is to be limited to the existing poles.
§ There is to be no outside storage or display.
§ Any dumpster is to be screened
The resolution was unanimously adopted.
Old Business #2- Jim Ball, Northwest Corner of Mid County Drive and Southwestern Boulevard
This matter was tabled and the Town Board requested to meet with the petitioner.
New Business #1, 2 & 3 Hammersmith Farms, Ridgewood Farm, Sandybrook Farm
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
RESOLVED, that the Town Board does hereby approve the following three (3) New Business items as recommended by the Building Inspector: New Business #1 – 2004 Riding Academy Permit for Hammersmith Farms, 6243 Benning Road; New Business #2 – 2004 Public Stable Permit for Ridgewood Farm, 7613 Behm Road; New Business #3 – 2004 Stable Permit for Sandybrook Farm, 6265 Powers Road.
The resolution was unanimously adopted.
4) 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 adopt the following 2004 Pricing for the Compost Site effective May 30, 2004 as recommended by the Highway Superintendent:
MULCH
Orchard Park Residents: $2.00 minimum (up to a 30 gal. Garbage can)
$10.00 per cubic yard
Out of Town Homeowners: $2.00 minimum (up to a 30 gal. Garbage can)
$15.00 per cubic yard
Landscapers: $15.00 per cubic yard
Volume Discounts:
§ Bulk users who purchase a minimum of 250 cubic yards and remove it from the site by May30th will pay $10.00 per cubic yard. This price will hold for these customers for any subsequent purchases this season.
§ Bulk users who purchase a minimum of 250 cubic yards, paid in advance, and choose to leave it on site and draw from it as they need it, will pay $12.00 per cubic yard. This price will hold for these customers for any subsequent purchases this season.
COMPOST
Applies to all customers: $2.00 minimum (up to a 30 gal. Garbage can)
$10.00 per cubic yard
There is no charge for loading.
The resolution was unanimously adopted.
New Business #5 – 2004 Summer Recreation Program and Fees
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 adopt the 2004 Summer Recreation Program and fees as pre-filed with the Town Board, as recommended by the Recreation Director.
The resolution was unanimously adopted.
New Business #6 – Appointment of Assistant to Assessment and Taxes
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the appointment of Marsha Young, 16 Old Farm Circle, West Seneca, New York, to the position of Assistant to Assessment and Taxes from the Non-Union Pay Scale Range 0550, Step B. This appointment is provisional pending meeting all the New York State Civil Service requirements, effective April 26, 2004.
The resolution was unanimously adopted.
New Business #7 – Appointment of part-time seasonal caretaker of Chestnut Ridge Cemetery
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, the Town Board does hereby approve the appointment of Loren Narbe, 6368 Chestnut Ridge Road, Orchard Park New York, to the position of part-time seasonal caretaker of Chestnut Ridge Cemetery.
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 the following appointments to the Recreation Dept. Spring/Summer Staff pending submission of the required certifications as recommended by the Recreation Director:
Andrew Schulz 164 Stonehenge Drive Aide
Sarah Yates 240 Independence Drive Aide
Laura Palmo 5 Lakewood Drive Aide
Jacqueline Lex 151 Idelwood Drive Aide
Jesse Mang 16 Cherry Tree Lane Aide
Charles McNall 31 Timberlake Drive Aide
Emilie Smith 22 Braunview Way Aide
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve Change Order #1 to contract with URS Corp. for the Baker Road Reconstruction Project in the amount of an increase of $2,400.00
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York’s more than 4,300 local governments, and
WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non-governmental historical records repositories also is supported by the LGRMIF, and
WHEREAS, a sunset date for the LGRMIF was established in the original Legislation to permit its operation as a five-year experiment, and
WHEREAS, the New York State Legislation in 1995 has extended the sunset date, most recently to December 31, 2005, and
WHEREAS, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and
WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayer, and
WHEREAS, the Town of Orchard Park has benefited from technical assistance, training, publications and seven (7) grants totaling $82,295.00, supported by the LGRMIF, and
WHEREAS, the State Legislature created the closely-related Cultural Education Fund (CEF) to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers, the Office for Public Broadcasting, and provide the CEF with an identical sunset date, and
WHEREAS, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of the Town of Orchard Park, and to the cultural and scientific needs of the people of New York State
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Orchard Park does hereby support the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent.
The resolution was unanimously adopted.
New Business #11– Orchard Park Little League Opening Day Ceremonies and Parade
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT;
RESOLVED, the Town Board does hereby approve the request from the Orchard Park Little League for their Parade and Opening Day Ceremonies, for their 46th season, on May 15, with a rain date of May 16th.
The resolution was unanimously adopted.
New Business #12 – South Davis Elementary School “Flag Day” Walk
12) 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 from South Davis Elementary School to walk on South Davis Street, Thorn Avenue and South Lincoln Avenue on June 14, 2004 as part of their Flag Day Celebration.
The resolution was unanimously adopted.
New Business #13– Orchard Park School District – Use of Town Voting Machines
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Orchard Park School District for the use of twelve (12) Town of Orchard Park voting machines ( to be picked up May 11th ) for their Annual District Meeting and Vote on May 18, 2004 with the stipulation that the machines be returned to us in the same good shape as when picked up, and in the event any repairs are needed the School District will take care of that.
The resolution was unanimously adopted.
New Business #14 – Orchard Park Jaycees Quaker Arts Festival, September 17, 18, 19, 2004
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from the Orchard Park Jaycees, that the Town continue its support and approval regarding their Quaker Arts Festival which will be held September 17, 18 and 19, 2004. As provided in previous years, the following items will be supplied by the Town; dumpster, trash containers, picnic tables and snow fencing.
The resolution was unanimously adopted.
New Business #15 – George Haskell Conservation Easement Application
15) 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 refer the request from George Haskell,7636 Ellicott Road for a Conservation Easement to the Conservation Board.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the following 2004 Budget Transfers as requested by the Highway Superintendent:
From: A.1910.0480 (Contingent) $22,000.00
To: A.7110.0101 (Milestrip – Field Maintenance Salary) $12,000.00
A.7110.0200 (Milestrip – Fields Equipment) $ 8,800.00
A.7110.0400 (Milestrip – Fields Supplies) $ 1,200.00
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Towns, villages and cities throughout the State of New York are dependent upon the fine revenues collected in their courts, to cover a large share of Justice Court and Police enforcement budgets, and
WHEREAS, Legislation proposed in NYS Senate Bill 6056 and Assembly Bill 9556, is passed would provide that if certain vehicular and traffic violations are reduced to a lower penalty, portions of the fines that are now retained by the municipalities in these cases would be given to the State of New York, and
WHEREAS, if these Senate and Assembly Bills should pass, it is most likely fewer plea bargains would be reached which would lead to more trials which would clog the Courts and mean more expenses, not only to the local municipalities but to the State of New York, and
WHEREAS, in many instances overtime would have to be paid to enforcement personnel to testify as more cases go to trial, and
WHEREAS, the NYS Association of Towns testified and opposes these bills at a hearing on the Executive Budget on Monday, January 26, 2004
NOW, THEREFORE, be it
RESOLVED, that the Town of Orchard Park opposes S.6056/A.9556; and be it further
RESOLVED, that a copy of this resolution be sent to each Assemblyman and Senator in Western New York, and be it further
RESOLVED, that the Town of Orchard Park Supervisor place a similar resolution before the Association of Erie County Governments at its next regular meeting on April 22, 2004.
The resolution was unanimously adopted.
DEPARTMENT HEADS FROM THE FLOOR
18) THE FOLLOWING RESOLUTION WAS OFFERED UNANIMOUSLY BY THE TOWN BOARD, WHO MOVED ITS ADOPTION, SECONDED UNANIMOUSLY, TO WIT;
WHEREAS, Town of Orchard park Highway Superintendent, Ronald A. Geitter, a life long resident of Orchard Park, was born at the family home on Chestnut Ridge Road, the 10th of 13 children, and
WHEREAS, Ronald A. Geitter was educated in Orchard Park and walked up hill both ways to the one room school house on Chestnut Ridge Road, and
WHEREAS, Ronald A. Geitter served his country in the United States Army for four years after leaving school, and
WHEREAS, Ronald A. Geitter then married his high school sweetheart Norma Schultz, and raised two sons, both residents of Orchard Park, and
WHEREAS, Ronald A. Geitter operated the Kendall Gas Station across the street from W. G. Arthur & Sons Hardware Store, and subsequently owned and operated Geitter’s Dump Truck Service, a business serving Orchard Park customers, and
WHEREAS, in 1977 Ronald A. Geitter successfully ran for the Town of Orchard Park Highway Superintendent’s position, and
WHEREAS, Ronald A. Geitter early in his tenure as Highway Superintendent, was one of nine officials in Erie County who composed the Erie County Solid Waste Management Plan which represented all forty-four municipalities and which is still the basis of solid waste management today, and
WHEREAS, Ronald A. Geitter has worked tirelessly and endlessly to develop and maintain Orchard Park’s Park System, most notably Brush Mountain Park, Yates Park and Birdsong Parkland as well as all the others, and
WHEREAS, Ronald A. Geitter has been a pioneer and staunch supporter of the community’s recycling programs and, most recently, in the development of our new Composting Center-in terms of design, funding, acquisition, development and operation-thus saving hundreds of thousands of dollars for our residents in tipping and disposal fees while simultaneously providing the highest grade gardening products for our residents, and
WHEREAS, Ronald A. Geitter was a moving force in the establishment of the Orchard Park Tree Conservancy and the position of Municipal Arborist, the writing of the Right-of-Way ordinance, and in assisting in the preparation of the extensive municipal tree inventory, and
WHEREAS, Ronald A. Geitter has worked creatively to improve and expand service to our citizens for over twenty-six years since 1978, as Highway Superintendent, while saving significant tax dollars for our citizens, resulting in one of the most outstanding and productive Highway Departments anywhere, and
WHEREAS, Ronald A. Geitter’s expansion of public service in the Highway Department has ranged from road construction, rebuilding, and maintenance, winter plowing, parks development, maintenance of public green spaces, to assisting in countless ways the community’s special events, including Quaker Days, the Quaker Arts Festival, neighborhood annual parties, service club public events, to mention a few, and
WHEREAS, Ronald A. Geitter has proven himself tireless in service to organizations, including the Erie County Agricultural Society (President), the Buffalo Raceway (President), Erie County Gaming Society, Erie County Highway Superintendents Association (President), the Orchard Park Lions Club (President), the Quaker Arts Festival, Orchard Park Chamber of Commerce, Orchard Park recreation groups including Little League Baseball, Little Loop Football, and Soccer, and
WHEREAS, Ronald A. Geitter has presided over the grills more times than can be counted both publicly and privately – cooking the best hot dogs, hamburgers, and sausages ever eaten, and
WHEREAS, Ronald A. Geitter’s lifetime of giving of himself and caring for others in our beloved community and beyond has touched innumerable lives in a very positive way with his acts of assistance both on and off the job, and
WHEREAS, Ronald A. Geitter has been recognized in 1989 as Orchard Park Citizen of the Year, in 1996 as recipient of the Orchard Park Post of Fame Award, and in 2004 as the Orchard Park Republican of the Year;
NOW THEREFORE, be it
RESOLVED, that the Town Board of Orchard Park also wishes to fully and publicly recognize our own Ronald A. Geitter for his dedicated, unfaltering commitment and services to the people of Orchard Park, and be it further
RESOLVED, that this Proclamation be made part of the Official Archive and Historic Record of the Town of Orchard Park this 21st day of April 2004.
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby refer to the Planning Board the request from Benderson Development Co. for a proposed Quizno’s to be located at 3245 Southwestern Blvd.
The resolution was unanimously adopted.
20) 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 #8 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$187,925.92 |
|
Part Town Fund |
$5,378.54 |
|
Risk Retention |
$1,625.07 |
|
Highway Fund |
$47,655.86 |
|
Special Districts |
$98,142.07 |
|
Trust & Agency |
$9,415.75 |
|
Capital Fund |
$552,117.23 |
The resolution was unanimously adopted.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications as listed on the agenda:
§ Citizens Campaign for the Environment: Listing of individuals canvassing the Town of Orchard Park, Town Board approval 3/17/04
§ NYSDOT Designation of Restricted Highway beginning on US Route 219 at the Duerr Road overpass and continues north along US 219 to the Thruway junction.
§ Orchard Park Chamber of Commerce letter in support of the proposed Benderson project on North Buffalo Street.
The resolution was unanimously adopted.
Nicholas Taneff, 279 Summit Avenue: He commented on: the Benderson Development proposal; Abandoned cars and needed clean up on Summit Ave.; presented pictures of Diversified Controls, showing the lack of maintenance at the back end of the property plus other activity.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Supervisor Cudney, the meeting was adjourned at 8:35 PM (local time).
Respectfully Submitted,
Town Clerk