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 August 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
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Andrew Geist Building Inspector
Samuel McCune Chief of Police
Wayne Bieler Town Engineer
ABSENT: Ronald A. Geitter Highway Superintendent
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.”
The minutes of the Town Board Meeting held on the 4th day of August in the Year 2004, were tabled by Supervisor Cudney until the Town Board Members could review them.
At 7:00 PM (local time) pursuant to Chapter 52, Conservation Easement, Section (6) of the ordinance of the Town of Orchard Park, the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of a Perpetual Conservation Easement for property located on Milestrip Road, and to authorize the Town Assessor to determine the valuation of the property taking into account the limitation on the future use of the land imposed by such Conservation Easement consisting of approximately nine (9) acres, zoned residential. The owners of the property are Burton and Elaine Diller, 6713 Milestrip Road, Orchard Park New York 14127.
Affidavits and Publication 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 to hear all interested persons for or against the proposed Conservation Easement.
No one spoke.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of a Perpetual Conservation Easement for nine (9) acres of land located on Milestrip Road, owned by Burton and Elaine Diller, 6713 Milestrip Road, is hereby closed at 7:05 PM.
The resolution was unanimously adopted.
Town Board Adopt Perpetual Conservation Easement for Burton & Elaine Diller
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Town Board held a Public Hearing this day concerning an application for a Perpetual Conservation Easement for Burton and Elaine Diller, 6713 Milestrip Road
RESOLVED, that the Town Board does hereby approve the Perpetual Conservation Easement on nine (9) acres of land located at 6713 Milestrip Road, Zoned R-2 and owned by Burton and Elaine Diller, as recommended by the Conservation Board, and be it further
RESOLVED, that a Negative SEQR Declaration is made and this property will have a real property tax exemption, based on a reduction in assessment of the land only in said Conservation Easement.
The resolution was unanimously adopted.
PUBLIC HEARING
At 7:06 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against an Amendment to the Zoning Ordinance of the Town of Orchard Park to rezone vacant land, Northwest corner of Southwestern Boulevard and Mid County Drive, from I-1and R-4 to B-2, in order to construct a new car dealership, as petitioned by Jim Ball, which amendment provides as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Orchard Park, County of Erie and State of New York being Part of Lot 25, Township 10, Range 7 of the Buffalo Creek Reservation being described as follows:
BEGINNING AT the intersection of the northwesterly line of Southwestern Boulevard (100’ wide) and the southwesterly line of Mid-County Drive, thence northwesterly at right angles to Southwestern Boulevard, along the southwesterly line of Mid-County Drive a distance of sixty and twenty-one hundredths feet (60.21’) to a point of curve; thence northwesterly and northerly along a tangential curve to the right having a radius of four hundred twenty-eight and sixty-five hundredths feet (428.65’) an arc distance of three hundred seventy-six and twenty hundredths feet (376.20’) to a point in the westerly line of Mid-County Drive; thence northerly along the westerly line of Mid-County Drive, said line being tangent to the last described curve, a distance of three hundred twenty-three and fifty-nine hundredths feet (323.59’) to a point, said point being the northeast corner of lands conveyed to Chem-Lawn Corporation by deed recorded in the Erie County Clerk’s Office in Liber 8940 of Deeds at Page 137; thence westerly a right angles and along the northerly line of said lands conveyed to Chem-Lawn Corporation, being also the south line of lands conveyed to the Erie County Industrial Development Agency by deed recorded in Liber 9410 of Deeds at Page 465, a distance of four hundred forty-seven and fifty hundredths feet (447.50’) to a point; thence northerly at right angles, a distance of one hundred five and eighty-one hundredths feet (105.81) to a point; thence westerly at an interior angle of 89º 37’ 44” and along the southerly line of and the easterly extension of lands conveyed to Arthur R. Curtis and etal by deed recorded in Liber 7309 of Deeds at Page 609, a distance of one hundred ninety-four and ninety-five hundredths feet (194.95’) to a point in the east line of Map Cover 1078 and the west line of Map Cover 1214; thence south at an interior angle of 90º 19’ and along said east line of Map Cover 1078 and line of Map Cover 1214, a distance of one hundred sixty-two and ninety-one hundredths feet (162.91’) to a point; thence west at an exterior angle of 90º 56’ 40” and along the south line of lands conveyed to Louis M. Milazzo by deeds recorded in Liber 10315 of Deeds at Pages 671 and 673, a distance of one hundred twenty-three and three hundredths feet (123.03’) to a point in the east line of Washington Avenue; thence south at right angles and along said east line of Washington Avenue a distance of two hundred six and no hundredths feet (206.00’) feet to a point; thence east at right angles, a distance of one hundred nineteen and sixty-three hundredths feet (119.63’) to a point in the east line of Map Cover 1078 and the west line of Map Cover 1214; thence south at an exterior angle of 89º 03’ 20” and along said west line of Map Cover 1214 and east line of Map Cover 1078, a distance of five hundred sixty-one and seven hundredths feet (561.07’) to a point, thence east at an interior angle of 89º41’ and along the north line of lands conveyed to John G. Scherlein by deed recorded in Liber 4985 of Deeds at Page 143 a distance of one hundred thirty-five and no hundredths feet (135.00’) to a point in the west line of Auckland Avenue; thence north at an interior angle of 90º 19’ and along said west line of Auckland Avenue a distance of three hundred fifty and no hundredths feet (350.00’) to a point; thence east at an exterior angle of 90º19’ a distance of fifty and no hundredths feet (50.00’) to a point in the east line of Auckland Avenue; thence south at an exterior angle of 89º 41’ and along the east line of Auckland Avenue a distance of three hundred fifty and no hundredths feet (350.00’) to a point; thence east at an interior angle of 89º41’, a distance of one hundred thirty-five and no hundredths feet (135.00’) to a point, thence south at an exterior angle of 89º 41’, a distance of four hundred fifty and one hundredth feet (450.01’) to a point in the northwesterly line of Map 35, Parcel 38, S.H. 9269, of lands appropriated by the State of New York by notice of appropriation filed in Liber 5750 of Deeds at page 58; thence northeasterly at an interior angle of 46º 16’ 24” and along said northwesterly line of Map 35, Parcel 38, a distance of two hundred sixty-five and thirty-one hundredths feet (265.31’) to an angle point; thence northeasterly at an interior angle of 173º 29’ 52” and along the northwesterly line of Southwestern Boulevard a distance of five hundred seventeen and forty-four hundredths feet (517.44’) to the point or place of beginning. Containing 15.77 acres of land, 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 stated she received three communications in opposition of the rezoning from Michael Pikula and Gertrude Pikula, 25 Auckland Avenue, and Theresa & Richard Schosek, 37 Auckland Avenue.
Councilman Jemiolo asked Jim Ball, who was in the audience, to comment on the privately owned lots at the end of Auckland Street in relation to his project.
Supervisor Cudney asked the Planning Board Chairwoman, Mrs. Lorraine Biryla, present in the audience, if she could explain the situation of those lots. Mrs. Biryla stated that she believes the end lots at Auckland Avenue are land locked and not suitable building lots. The Town Engineer explained that there are many paper streets that stop short of the property owned by Jim Ball and that area is landlocked.
Supervisor Cudney asked if there was anyone that for or against the petition to rezone the vacant land on the Northwest corner of Southwestern Boulevard and Mid County Drive.
OPPONENTS:
Ruth Zak, 29 Auckland Avenue: She submitted a letter with signatures from 23 residents on Auckland Avenue and Washington Avenue stating their reasons against the rezoning petition, along with no access.
Michael Pikula, 25 Auckland Avenue: He would not want the parking lot next to his property.
Barbara See, 95 Washington Avenue: She was concerned with drainage, sewers and traffic safety.
Dan Larivey, 3719 Breem Street: He was concerned with drainage and car carriers that will affect the neighborhood. He lives across from this neighborhood and the West-Herr dealership made promises and none were kept in regard to loading and unloading vehicles, parking and test driving on his street.
Raymond Waite, 48 Auckland Avenue: He wants to protect the residential land and keep green space in their area. He feels that the project is inappropriately close to the homes. He would like to have the buffering agreement legal and binding from Mr. Ball. Mr. Waite also feels the lighting control needs to be of better quality.
Henry Dinder, 5532 Big Tree Road: He asked for more of a definition for vacant land.
Ken Kuenzi, 87 Washington Avenue: He had concerns of theft and vandalism due to dealership.
Theresa Schosek, 37 Auckland Avenue: She was concerned about detention and buffering and fears there might be test driving down Auckland Avenue.
Leonard Kolcheski, 40 Auckland Avenue: He was concerned with buffering and the dimensions of site plan of project.
Nicholas Taneff, 279 Summit Avenue: He voiced the need for a buffer law.
Jeff Palumbo, Renaldo & Palumbo, LLP: Representative for Jim Ball. Mr. Palumbo stated that the comments this evening were concerned with issues and not the project itself. What Mr. Ball is asking to rezone is a small piece of property to business and remove from the majority of the site the industrial zone. Mr. Palumbo stated that they are in agreement with the stipulations set by the Planning Board and will even improve the existing buffering with the evergreen trees. This is a 60 acre site that will allow Mr. Ball to do the type of expansion desired and keep it located in Orchard Park across from his car dealership and the other automotive dealers. John Cimminelli has been trying to sell this property and has accepted Mr. Ball’s offer contingent upon the outcome of the rezoning.
Lorraine Biryla, Planning Board Chair, stated that there are stipulations for 75’ buffering with pine trees that will fill in for all seasons.
Councilman Jemiolo stated that buffering is a major issue in the Town and the most effect way to insure there is a buffer for residential from business and industrial is by agreement with the developer and the Planning Board. Councilman Jemiolo stated that if Mr. Ball didn’t need rezoning on this property, he could build within 10’ from a property line. Councilman Jemiolo said the Planning Board did an outstanding job in obtaining 75’ of buffer from residential property lines.
Councilwoman Ackerman asked Town Attorney Berkowitz if deed restrictions could be imposed and enforceable to which he concurred. Councilman Mills stated that these stipulations from the Planning Board are legally binding. Supervisor Cudney stated that there is a problem with violations since it is hard to effectively enforce without any consequence such as a hefty fine or other penalties.
Mr. Ball stated that they address that issue with a separate driveway for unloading purposes for vehicles, parts deliveries, trash, etc. This driveway is on Mid County Drive next to the commercial buildings. Mr. Ball stated that he believes the Town can enforce the rule of unloading by obtaining a written copy from the car dealers to the transportation companies with specific detailed instructions, which could then be given to the Orchard Park Police Department to impose fines.
Councilman Kaczor asked Police Chief McCune if signs were posted for “no standing”, could that party be ticketed. Police Chief McCune stated that they could on Town streets.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Public Hearing in the matter of an Amendment to the Zoning Ordinance of the Town of Orchard Park, to rezone vacant land, Northwest corner of Southwestern Boulevard and Mid County Drive, from I-1 and R-4 to B-2, in order to construct a new car dealership, as petitioned by Jim Ball Pontiac, is hereby closed at 8:08 PM (local time).
The resolution was unanimously adopted.
PUBLIC HEARING
At 8:09 PM (local time) the Supervisor called for a Public Hearing to hear all interested parties for or against an Amendment to the Zoning Ordinance of the Town of Orchard Park for a Special Exception Use, 3930 North Buffalo Street, Zoned B-1, as petitioned by the Benderson Corporation, which amendment provides as follows:
ALL THAT TRACT OR PARCEL OF LAND located in the Town of Orchard Park, County of Erie and State of New York, and being part of Lot 16, Township 9, Range 7 of the Holland Land Company’s Survey and further bounded and described as follows:
BEGINNING AT A POINT on the centerline of North Buffalo Road, said point being the southeast corner of lands conveyed to Saville Farms, Inc. by deed recorded in the Erie County Clerk’s Office in Liber 5695 of deeds at page 498 and said point also being the southeast corner of lands conveyed to S.M. Flickinger Co., Inc. by Liber 9261 of deeds at page 370; thence north along the centerline of North Buffalo Road 280.00’ to a point being the northeast corner of lands conveyed to S.M. Flickinger Co., Inc. by deed recorded in the Erie Count Clerk’s Office in Liber 9261 of deeds at page 370; thence westerly on a line parallel to the south line of lands conveyed to Saville Farms, Inc. by said deed recorded in Liber 5695 of deeds at page 498 400.06’ to a point; thence southerly parallel to the centerline of North Buffalo Road and along the west line of lands conveyed by deed recorded in the Erie County Clerk’s Office in Liber 9310 of deeds at page 435 and the east line of lands conveyed by S.M. Flickinger Co., Inc. to Saville Stores, Inc. by deed recorded in the Erie County Clerk’s Office in Liber 9310 of deeds at page 431 377.00 feet to a point in the south line of lands conveyed to S.M. Flickinger Co., Inc. by deed recorded in Liber 7899 of deeds at page 95; thence east along the south line of lands conveyed to S.M. Flickinger Co., Inc. by deed recorded in Liber 7899 of deeds at page 95 367.02’ to the west right of way line of North Buffalo Road; thence north along the west right of way line of North Buffalo Road 97.0’ to the south line of lands conveyed to Saville Farms, Inc. by deed recorded in the Erie County Clerk’s Office in Liber 5695 of deeds at page 498; thence east along said south line 33.04’ to the centerline of North Buffalo Road at the point of beginning.
TOGETHER with an easement for ingress and egress over the following described premises.
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Orchard Park, County of Erie and State of New York, being part of Lot No. 16, Township 9, Range 7 of the Holland Land Company’s Survey, bounded and described as follows:
BEGINNING, at a point in the centerline of North Buffalo Road at the southeast corner of lands conveyed to Saville Farms, Inc. by deed recorded in the Erie Count Clerk’s Office in Liber 5695 of deeds at page 498; thence northerly along the centerline of North Buffalo Road about 280’ to the principal point of beginning, being also the northeast corner of lands conveyed to S.M. Flickinger by deed recorded in Erie County Clerk’s Office in Liber 9261 of deeds at page 370; thence westerly along a line parallel with the south line of lands so conveyed to Saville Farms, Inc. by aforesaid deed 400’ to a point’ thence northerly parallel with and 400’ westerly from the centerline of North Buffalo Road about 395’ more or less to the north line of lands conveyed to Saville Farms, Inc. by deed recorded in Erie County Clerk’s Office in Liber 5510 of deeds at page 597; thence easterly along the north line of lands so conveyed to Saville Farms, Inc. by aforesaid deed 100’ more or less to the northwest corner of lands conveyed to Frank A. Rachow and wife by deed recorded in Erie County Clerk’s Office in Liber 3595 of deeds at page 41; thence southerly parallel with the centerline of North Buffalo Road 110’ more or less to a north line of lands conveyed to Saville Farms, Inc. by aforesaid deed; thence easterly along the north line of lands so conveyed to Saville Farms, Inc. by aforesaid deed 300’ to the centerline of North Buffalo Road; thence southerly along the centerline of North Buffalo Road about 299.68’ more or less to the principal point or place of beginning.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
At this time, Supervisor Cudney asked if there was anyone that for or against the petition for a Special Exception Use in a B-1 Zone.
No one spoke.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of an Amendment to the Zoning Ordinance of the Town of Orchard Park, for Special Exception Use in an B-1 Zone, 3930 North Buffalo Street, as petitioned by the Benderson Corporation, is hereby closed at 8:11 PM (local time).
The resolution was unanimously adopted.
5) 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 authorize the request from the Benderson Corporation for a Special Exception Use in a B-1 Zone for 3930 North Buffalo Street, as recommended by the Planning Board, with the following stipulations:
· This is an Unlisted SEQR Action based on the submitted Short EAF Parts 1 and 2 and a Negative declaration is recommended.
· Fees shall be paid in accordance with §144-70C, of the Town Code prior to publication of the Public Hearing Notice.
· The recommendation is contingent upon the applicant completing the project as proposed on the development plans dated 6/30/04 and the model presented at the 8/11/04 Planning Board meeting and shall revert to its original Zoning Classification if the project is not completed per §144-67 of the Town Code.
· The proposed project is in compliance with the Town’s long range comprehensive plan.
· The applicant has demonstrated a need for the project.
· The project is compatible with adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land value or public safety.
· The applicant has demonstrated by history an orderly flow of traffic ingress and egress.
· The applicant has provided suitable parking facilities.
· Landscaping as indicated on the proposed plan will provide adequate and improved screening.
· A landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved landscape plan, which includes 15.3% green space. A bond of $16,700 or $8,350 in cash is required.
· Free area for recreation is not required.
· The nearness and impact on schools and utilities is not an issue.
· The health and safety of adjacent properties is not affected.
Councilman Kaczor speaking on his own behalf and the Town and Village Economic Development Committee, stated that they are extremely excited about this project moving forward.
The resolution was unanimously adopted.
6) 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 authorize a building permit for U.A. Plumber & Steamfitters Local 22, 3651 California Road to construct a 3,700 square foot addition to an existing building. The Planning Board, 8/11/04, recommends approval of this request and of the site plan 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 recommended.
§ The site lighting is limited to those fixtures and poles indicated on the approved site plan. All light fixtures shall have flat lens.
§ No outside storage or display is permitted.
§ Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with §144-25 of the Town Code.
§ A landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved landscape plan, which includes 31% green space. A bond of $8,125 or $4,062.50 in cash is required.
§ Town Engineering approval has been granted on 8/11/04.
The resolution was unanimously adopted.
7) 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 schedule a Public Hearing for Wednesday, September 15, 2004 at 7:00 PM, for the following residents for Conservation Easements:
§ Angelo and Christa Amato, 5796 Seufert Road, 8 acres of land
§ Karl Kaminski, 6290 Cole Road, 10.02 acres of land
The resolution was unanimously adopted.
New Business #1 Approve PIP #2004-07 for the Birdsong Subdivision Part 3A, Phase 2
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Engineering Department received from DPS Southwestern Corporation an application for a Public Improvement Permit to construct the next phase of the Birdsong Subdivision, and
WHEREAS, Part 3A, Phase 2, will include 1,880 L.F. of new roadway and public utilities to serve 15 residents sublots. Phase 1 of the Birdsong Part 3A subdivision is currently being constructed under PIP #2004-04, and
WHEREAS, the Town Engineer has reviewed the plans and specifications for the proposed project and have found them to be in compliance with current Town specifications. The Town is in receipt of all necessary fees, bonds, and insurance’s
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the approval of Public Improvement Permit #2004-07 for the Birdsong Subdivision, Part 3A, Phase 2.
Supervisor Cudney stated this includes 15 new residential sublots.
The resolution was unanimously adopted.
New Business #2 Authorize the Advertisement of Bids for the Baker Road Reconstruction Project
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the consultant engineer for the Baker Road Reconstruction Project, URS Corporation, is finalizing the plans and specifications for the Reconstruction of Baker Road from East Quaker Street to 400 feet north of Milestrip Road, including the replacement of two bridges. The preliminary engineer’s estimate is within the amounts allocated for the project, and
WHEREAS, there are several easements necessary that are yet to be obtained from several property owners. We are in the process of obtaining the necessary signatures, and
WHEREAS, it is expected that construction can start in mid October, with a completion date of the end of August, 2005
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize advertisements, in the Southtowns Citizen and the Buffalo News for sealed bids to be opened for the Reconstruction of Baker Road at 10:00 AM on September 9, 2004, in the basement meeting room at the Orchard Park Municipal Center.
The resolution was unanimously adopted.
New Business #3 Authorize the Town Board to Hire a Contractor for Cleanup Work & Mowing
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Building Inspector to hire a private contractor for the following properties:
§ Cleanup and mowing at 3715 Southwestern Boulevard, to be charged to the tax rolls.
§ Cleanup, mowing and secure the windows at 61 Velore Avenue, to be charged to the tax rolls.
§ Cleanup, mowing at 3239 & 3285 Abbott Road, to be charged to the tax rolls.
The resolution was unanimously adopted.
New Business #4 Requests for Commercial Park Permits
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize Commercial Parking Permits to the following applicants as recommended by the Building Inspector:
§ Michael & Karen Todd, 3752 Abbott Road
§ Ronald & Paul Yoviene, 3763 Abbott Road
§ Windom Community Church, 3766 Abbott Road
§ Mark Leitzan, 3808 Abbott Road
§ Mark Leitzan, 3816 Abbott Road
§ Patrick Sullivan, Sr., 3819 Abbott Road
§ Milligan’s, 3864 Abbott Road
§ Deborah McDonell, 3904 Abbott Road
§ Lisa Matwijow, 4155 Abbott Road
§ Lisa Matwijow, 4170 Abbott Road
§ Thomas Carrow, 4243 Abbott Road
§ Michael Simoncelli, 3848 California Road
§ Mark Leitzan, 3830 Sheldon Road
§ Rudolf Benes, 3742 Southwestern Boulevard
§ Thomas & Paul Kam, 3775 Southwestern Boulevard
§ Victor Liberatore, 3807 Southwestern Boulevard
§ Savannah’s South, 3847 Southwestern Boulevard
§ David Tempestoso, 3912 Southwestern Boulevard
§ Maple Court Motel, 3940 Southwestern Boulevard
§ Twin Oak Motel, 3949 Southwestern Boulevard
§ Quaker Boy, Inc., 5455 Webster Road
§ Henry Whytas, Jr., 5528 Webster Road
§ Dana Lewis, 5554 Webster Road
§ Sally Jane Brown, 5222 West Webster Road
§ June Booth, 5229 West Webster Road
The resolution was unanimously adopted.
New Business #5 Residents of Ventura Drive & Burbank Drive Requesting a Block Party
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 authorize the residents from Ventura Drive and Burbank Drive to hold a Block Party, Sunday, August 22, 2004, from 5:00 PM to 11:00 PM, and to be it further
RESOLVED, that the Highway Superintendent is hereby authorized to barricade the roads.
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Skate Board Park Capital Project (project H63) requires additional funding, and
WHEREAS, the funding for this capital need is available in the Town’s General Capital Reserve Account, and
WHEREAS, the construction of the Skate Board Park has been completed and the purpose of this project has been completed
NOW, THEREFORE, be it
RESOLVED that the Town Board does hereby authorize the transfer of $5,556 from the General Capital Reserve (project H27) to the Skate Board Park Capital Project (project H63) and the closing of such project.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board wishes to reconstruct the Forest Avenue Bridge, and
WHEREAS, the Town wishes to proceed with appropriate planning and engineering specifications for such bridge reconstruction, and
WHEREAS, funding for this capital need is available in the Town’s General Capital Reserve account
NOW, THEREFORE, be it
RESOLVED that the Town Board does hereby authorize the establishment of a capital project entitled Forest Avenue Bridge Replacement (project H68) with authorized appropriations of $60,000, and be it further
RESOLVED, that the Town Board does hereby authorize a transfer of $60,000 from the General Capital Reserve (project H27) to the Forest Avenue Bridge Replacement (project H68).
Councilwoman Ackerman stated that the Forest Avenue Bridge is over 20’ and according to New York State laws, that makes it the responsibility of the Town even though it is in the Village.
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board wishes to improve drainage in the Hawthorne Avenue area of Town, and
WHEREAS, the Town wishes to proceed with appropriate planning, design and engineering specifications for such drainage improvements, and
WHEREAS, funding for this capital need is available in the Town’s General Capital Reserve account
NOW, THEREFORE, be it
RESOLVED that the Town Board does hereby authorizes the establishment of a capital project entitled Hawthorne Drainage (project H69) with authorized appropriations of $25,000, and be it further
RESOLVED, that the Town Board does hereby authorize the transfer of $25,000 from the General Capital Reserve (project H27) to the Hawthorne Drainage (project H69).
The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town Board wishes to proceed with certain capital projects, and
WHEREAS, additional funding is required to complete such projects, and
WHEREAS, the additional funding for these capital needs is available in the Town’s General Capital Reserve account
NOW, THEREFORE, be it
RESOLVED that the Town Board does hereby authorizes additional funding for the following projects:
Project Additional Funding
Disaster Coordinator Equipment (H61) $ 10,000
Various Drainage Project (H54) $ 30,000
Computer Assets (H67) $ 50,000
AND, be it further
RESOLVED, that the Town Board does hereby authorize a transfer of $90,000 from the General Capital Reserve (project H27) to the above referenced projects.
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town Board has reviewed and assessed the Town’s Current and long term capital needs, and
WHEREAS, the Town has established a capital plan, which has been reviewed and updated, and
WHEREAS, the Town wishes to proceed with appropriate planning, design and construction of certain improvements, and
WHEREAS, funding for these capital needs are available in the Town’s General Fund
NOW, THEREFORE, be it
RESOLVED that the Town Board does hereby authorizes the establishment of an additional capital project entitled Police Remodeling, and be it further
RESOLVED, that the Town Board does hereby authorize the transfers from the General Fund to the following capital projects:
Project Name Project Number Amount
Police Remodeling (H70) H70 $100,000
Parks Equipment Acquisition (H46) H46 $100,000
Highway Equipment Capital Fund (H55) H55 $180,000
Road Reconstruction Project (H58) H58 $150,000
AND, be it further
RESOLVED, that the Town Board does hereby authorize the amending of the General Fund to increase appropriated fund balance and increase appropriations as follows:
Increase Appropriations:
A.9950.900 Transfer to Capital Projects $530,000
Increase Appropriated Fund Balance:
A.0599.000 Appropriated Fund Balance (restricted) $330,000
A.0599.000 Appropriated Fund Balance (unrestricted) $200,000
The resolution was unanimously adopted.
Supervisor Cudney announcements: 1) NEI garbage collection delayed one day due to Labor Day holiday the week of September 6th thought the 11th 2004: 2) Milestrip Road closed west of Moreland Drive: 3) New York State will absorb the revenue from traffic tickets reduced to parking tickets.
Councilwoman Ackerman announcements: 1) Hazardous waste recycling dates – 9/11/2004 from 9:00 AM – 2:00 PM chemical items and 9/18/2004 from 9:00 AM – 2:00 PM electronic items: 2) Erie County is holding a public informational meeting on the reconstruction of the Freeman Road bridge at the Municipal Center basement meeting room 9/09/2004, the time to be announced at the next Town Board meeting.
18) 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 authorize the request of the Friends of the Library to display a temporary sign four times throughout the year for periodic sale dates with notification to the Building a week prior to erecting the sign and to renew the sign on an annual basis.
The resolution was unanimously adopted.
Councilman Jemiolo stated it is a shame that New York State voted to take the court fines away from the towns and hopes that taxpayers write to their Legislators, Assembly and the Senate to voice their displeasure. Councilman Jemiolo reported on a meeting at the Town Board work session with information they requested from the Town Assessor. At the next work session the Town Board will review that information.
Councilman Kaczor voiced his displeasure on the loss of revenue from the traffic fines. Councilman Kaczor stated that the Orchard Park Recreation Department received a National Alliance for Youth Sports Award. This program consists of five categories, which are soccer, basketball, golf, baseball and sports development. Orchard Park is one of two organizations in the nation to receive this award.
Councilman Mills stated his displeasure on the Legislative ruling. Councilman Mills commented on the open work session stating that he hasn’t changed his mind and publicly called for Linda Yancey to resign from the Town Assessor position.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Engineering Department to finalize the agreements for the Schroeder property and the Jennings property acquisition for right-of way for the Baker Road Reconstruction project and does hereby direct the Supervisor to sign these agreements, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Department Heads From The Floor
Recreation Director Ed Leak: Had no report.
Town Assessor Linda Yancey: She reported that due to the Town’s equity update for Special Franchise, Railroad Ceilings and the Alternate Veteran’s exemption, a special equalization rate was established. It is necessary to rescind and reestablish the final special franchise assessments that changed for the Town. The rate now is 73.51% applicable to Special Franchise, Railroad Ceilings and Alternate Veteran’s exemptions.
20) 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 authorize the approval of all entries on Warrant #16 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$161,416.26 |
|
Part Town Fund |
6,983.87 |
|
Risk Retention |
0.00 |
|
Cemetery Fund |
0.00 |
|
Highway Fund |
40,431.95 |
|
Special Districts |
133,013.04 |
|
Trust & Agency |
5,290.96 |
|
Capital Fund |
97,839.22 |
The resolution was unanimously adopted.
Receive & File Communications
21) 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 receive and file the following Communications: State of New York Public Service Commission: Proceedings on the Commission as to the Rated, Charges, Rules and Regulations of New York State Electric & Gas Corporation for Gas Service.
The resolution was unanimously adopted.
Receive & File Reports
22) 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 receive and file the following Reports: the Police Chief’s monthly report for July 2004, and the Building Inspector’s monthly report and building permits for July 2004.
The resolution was unanimously adopted.
Jane Boyd, 7310 Milestrip Road: She gave information on the pay of the surrounding Towns.
Henry Dinder, 5532 Big Tree Road: He is disturbed about firearms discharged in his neighborhood. This could affect senior housing homes, nursing homes and residential neighborhoods.
Bert Diller, 6713 Milestrip Road: He stated that Town Assessor Yancey adjusted his assessment fairly after he called her to check it. Mr. Diller feels that the budget should have been prepared well in advance before a School Budget Vote and the School District shouldn’t have relied on an increase from the tax evaluation.
Pat DiMarco, 6321 N. Buffalo Road: She asked about a mold problem in the Benderson proposed medical building. Ms. DiMarco asked if they would vote on the Election pay raise this evening. Supervisor Cudney stated that the Town Board would discuss this at the next work session and give the Inspectors and answer.
Nick Taneff, 279 Summit Avenue: He asked about the neglected properties and if and when they might be cleaned up in the north section of Town. Mr. Taneff stated recurrent problems at Diversified Controls and Councilwoman Ackerman stated that she would contact the owner.
Scott Kroll, Orchard Park Jaycees: He gave a report on the Earning by Learning reading program and thanked the Library, Councilman Kaczor and the Recreation Department for their help. Mr. Kroll stated that the Quaker Arts Festival will be held the 18th and 19th of September 2004.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman to wit: the meeting was adjourned at 9:09 PM (local time).
Respectfully Submitted,
Town Clerk