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 15th day of December 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
Ronald A. Geitter Highway Superintendent
Wayne Bieler Town Engineer
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.”
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on November 17, 2004 & December 1, 2004, 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.
Old Business #1 Jim Ball, Mid County @ Southwestern, Special Ex. Use for a B-2 Zone
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, a Public Hearing was held by the Town Board of the Town of Orchard Park to hear all interested parties for or against the matter of an application for vacant land on the corner of Southwestern Boulevard and Mid County Drive, as petitioned by Jim Ball, and
WHEREAS, 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, and
WHEREAS, no recommendations from the Erie County Department of Planning, pursuant to §239-mm of the General Municipal Law was received and filed by the Town Board
NOW, THEREFORE,
IT IS HEREBY RESOLVED that the September 1, 2004 resolution of the Town Board of the Town of Orchard Park that rezoned certain real property upon the application of Applicant Jim Ball Auto Center is hereby amended to the extent that the real property rezoned to B-2 is hereby amended to the real property bounded and described as follows:
All that piece 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 western 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 at 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 89º37’44” and along the southerly line of and the easterly extension of lands conveyed to Arthur R. Curtis and et al by deed recorded in Liber 7309 of Deeds at Page 608, 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 90º19’ and along said east line of Map Cover 1078 and west 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 90º56’40” 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 89º03’20” 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 90º19’ 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 89º41’ 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 89º41’, a distance of four hundred fifty and one hundredth feet 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 46º16’24” 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 173º29’52” 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;
“Less and Excepting that certain rectangular piece of such parcel of land, described as follows: commencing on the westerly side of Auckland Avenue, at the southeastern point of tax parcel 161.07-5-6 and continuing west for a distance of 135 feet to the southwestern point of tax parcel 161.07-5-6, then continuing north, a distance of 350 feet, east a distance of 135 feet and south a distance of 350 feet, to the southeast corner of said tax lot number 161.07-5-6.”
AND BE IT FURTHER RESOLVED that Applicant Jim Ball Auto Center’s application for a Special Exception Use Permit be approved upon the following findings:
1. The proposed project is in compliance with the Town’s long range comprehensive plan.
2. The applicant has demonstrated a need for the project.
3. The project is compatible with adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land values or public safety.
4. The applicant has demonstrated an orderly flow of traffic ingress and egress.
5. The applicant has provided suitable parking facilities.
6. Landscaping as indicated on the final plan will provide adequate screening.
7. Free area for recreation has not been provided and is not required.
8. The nearness and impact on schools and utilities is not an issue.
9. The health and safety of adjacent properties is not affected.
AND BE IT FURTHER RESOLVED, that Applicant Jim Ball Auto Center’s application for a Special Exception Use Permit be approved upon the condition that the Applicant grant to the Town of Orchard Park a Conservation Easement for real property bounded and described as follows:
All that piece 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 point of intersection of the south line of Lincoln Avenue, a paper street, and the west line of Map Cover 1214;
thence easterly along said south line of Lincoln Avenue, a paper street, a distance of one hundred thirty-five and no hundredths feet (135.00’) to a point in the west line of Auckland Avenue;
thence continuing easterly a distance of fifty and no hundredths feet (50.00’) to a point in the east line of Auckland Avenue;
thence southerly at an exterior angle of 89°41’ a distance of three hundred fifty and no hundredths feet (350.00’) to a point;
thence easterly at an interior angle of 89°41’ a distance of one hundred thirty-five and no hundredths feet (135.00’) to a point;
thence southerly at an exterior angle of 89°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 46°16’24” and along said northwesterly line of Map 35, Parcel 38, a distance of sixty-nine and nineteen hundredths feet (69.19’) to a point;
thence northerly at an interior angle of 133°43’36” a distance of four hundred twenty-two and ninety-six hundredths feet (422.96’) to a point;
thence northwesterly at an interior angle of 134°50’30” a distance of forty-one and sixty hundredths feet (41.60’) to a point;
thence westerly at an interior angle of 134°50’30” a distance of one hundred twenty-five and fifty-one hundredths feet (125.51’) to a point;
thence northerly at an exterior angle of 89°41’ a distance of three hundred fifty-one and one hundredth feet (351.01’) to a point;
thence westerly at an interior angle of 89°41’ a distance of two hundred fifteen and no hundredths feet (215.00’);
thence southerly along the west line of Map Cover 1214 a distance of fifty feet (50’) to the point or place of beginning, and be it further
RESOLVED, that a copy of this resolution be filed with the Erie County Clerk’s Office, and be it further
RESOLVED, that the Town Clerk is directed to publish a copy of this resolution in the official newspaper, and be it further
RESOLVED, that the Town Clerk shall publish and post a copy of said amendment in accordance with §264 and §265 of the Town Law.
Supervisor Cudney stated that she will not be voting in favor of this rezoning. Item 3 of the findings states “The project is compatible with adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land values or public safety”, and she feels that this project will have a negative impact on adjacent properties.
Supervisor Toni Cudney Nay
Councilwoman Nan Ackerman Aye
Councilman Stanley Jemiolo, Jr. Aye
Councilman David Kaczor Aye
Councilman John Mills Aye
The resolution was duly adopted.
Old Business #2 Developers Diversified Realty, Crossroads Center, Request a Reduction in Parking
3) 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 approve the request of Developers Diversified Realty for a 21 space reduction in number of parking spaces required in the Crossroads Center, better know as Tops Plaza, as recommended by the Planning Board, 12/8/04, with the following stipulations:
§ This is a Type 2 SEQR and no SEQR action is required.
§ The delivery trucks that arrive to unload for the Tim Horton’s and Wendy’s must be scheduled for non-peak hours and cannot park in the traffic lane.
§ The intersection proximal to the proposed Moe’s Restaurant will be made an “all-way” stop. In addition, a “stop ahead’ sign will be installed so that drivers exiting the Tim Horton’s take out window will be alerted to the near by traffic control.
§ A review of the current layout of the parking lot will be conducted to see if a better plan can be devised to help the traffic pattern of this portion of the plaza.
Councilman Jemiolo explained that this plaza as a whole was dealt with as a retail business center to establish the proper number of parking spaces. The new application is for a restaurant, which has a different requirement for parking than a retail business.
Councilman Mills requested that the vote on this project be postponed until the Planning Board could further review it. He stated the stipulation regarding deliveries is not practical and this will become a congested area.
Councilman Jemiolo stated this project should proceed and further review would not be in the best interest of the project.
Councilman Kaczor agreed that the time of delivery should not be a deal breaker. He stated the Planning Board has already taken a great deal of time to review this project. He stated that they can request DDR to work with Tim Horton’s/Wendy’s to see if some accommodations could be made.
Councilman Mills stated it was not the parking that concerned him, but rather the timing of the delivery trucks.
Supervisor Cudney stated that regarding the delivery trucks for Tim Horton’s/Wendy’s, the issue is they are parking in the traffic lanes. She stated that with “fast food restaurants”, the parking requirements are not the same as a standard type of restaurant. Supervisor Cudney said this could be an experiment to see how the reduced parking works with a fast food restaurant, and that maybe the parking ordinance should be reevaluated.
Councilwoman Ackerman stated that the Planning Board is given latitude by the ordinance to change parking requirements, depending on the needs of the project.
Supervisor Toni Cudney Aye
Councilwoman Nan Ackerman Aye
Councilman Stanley Jemiolo, Jr. Aye
Councilman David Kaczor Aye
Councilman John Mills Nay
The resolution was duly adopted.
New Business #1 Authorize Bids for Four (4) New Police Vehicles
4) 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 authorize a Bid Opening for the Orchard Park Police Department on December 29, 2004 at 10:00 AM, in the Supervisor’s conference room, for one (1) Unmarked Police Vehicle and for three (3) Marked Police Vehicles, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business # 2 Authorize Bid for Truck for Sewer & Water Department
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Sewer & Water Department plans to purchase a new 2005 4x4 Truck, Cab – Chassis with a snowplow, included with the Cab & Chassis bid, and the flatbed & hitch purchased/installed by others, the total estimated price the vehicle is $22,600.00, and
WHEREAS, there are sufficient funds in the Sewer & Water Department Budget under Capital Reserve – Sewer & Water Equipment acquisition (H56) for this purchase
RESOLVED, that the Town Board does hereby authorize a Bid Opening for the Orchard Park Water & Sewer Department on December 27, 2004 at 10:00 AM, in the Supervisor’s conference room, for one (1) one-ton 9000 #GVWB 4x4 cab-chassis truck for the Water & Sewer Department as recommended by the Town Engineer, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #3 Authorize Excavation Permit #2004-004 to Krog Corporation
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Town Engineering Department has received from Mr. Peter Krog, 4 Centre Drive, an application for an Excavation Permit to remove 1.5 acres of fill stockpiled at the Proposed Genius Tool Facility, Quaker Centre on Cobham Drive, and
WHEREAS, fill (approximately 8,000 cubic yard) was generated from the construction of Linen World at 19 Centre Drive (adjacent property/parcel), and this commercial site work was completed approximately 10 years ago, and
WHEREAS, the plans have been reviewed by the Engineering Department who has found them acceptable, all necessary fees and bonds have been received
RESOLVED, that the Town Board does hereby approve Excavation Permit #2004-004, to remove fill stockpiled at the Proposed Genius Tool Facility, Quaker Centre on Cobham Drive, as recommend by the Town Engineer.
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the collective bargaining agreement between the Town of Orchard Park and the Blue Collar Union employees contains Article XXIII, Holidays; specifically, 23.01 lists all holidays and 23.02 states “Each holiday will be observed on the day on which it falls. However, holidays which fall on Saturday will be observed on the prior Friday and holidays which fall on Sunday shall be observed on the following Monday”, and
WHEREAS, the Employer has approached the Union to amend New Years Day; specifically 23.02 of the Collective Bargaining Agreement, for the 2004 calendar year,
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Memorandum of Agreement with the Blue Collar, stating they will observe New Year’s Day, which falls on a Saturday, on Monday, January 3, 2005.
The resolution was unanimously adopted.
Budget Transfers
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby approve the following budget transfers: :
$ 1,000. 00 From: B.3620.0201 Computer Software
To: B.3620.0400 Office Supplies
$ 2,000.00 From: 3120.0407 Uniform Parts
To: 3120.0475 Gasoline
Control of Animals:
$ 450.00 From: A.3510.0421 Electric
To: A.3510.0475 Gasoline
The resolution was unanimously adopted.
Supervisor Cudney stated that the Town has been informed by Heritage Centers that the group home they operate on Chestnut Ridge Road for over 25 years, on a lease basis, will now be purchased by Heritage Centers and continue to operate as a group home. She stated that the Chamber of Commerce notified her of a free holiday party for families with relatives serving in any branch of the US Armed Forces at Rich Renaissance Atrium on December 21st from 6-8 PM.
Councilwoman Ackerman stated that this coming spring she is going to organize a meeting with Nick Taneff, who is a resident on Summit Ave., the Town Arborist, the Conservation Board members, and herself to review and update the Conservation Plan that was approved for Diversifed Controls and Summit Avenue. This is to make sure that everything that was supposed to be done, has been done.
Dedicate PIP 2004-07, Birdsong Subdivision Part 3A, Phase 2
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, on December 13, 2004, a final inspection was conducted of the public improvements constructed in the Birdsong Subdivision, Part 3A, Phase 2, which included the continuation of Mallard Lane, the completion of Mourning Dove Court and cul-de-sac, and a portion of Sandpiper Court, and
WHEREAS, all work has been satisfactorily completed in accordance with Town specifications with the exception of weather related items which will be completed in the spring, and the Town is in receipt of cash securities to be held in escrow until the items are completed, and
WHEREAS, a two year maintenance bond, in the amount of $250,000.00, has been submitted along with all other necessary documents
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in the Birdsong Subdivision, Part 3A, Phase 2 constructed under PIP #2004-07, and authorize the Town Clerk to release the performance security in the amount of $50,000.00, as recommended by the Town Engineer.
Councilman Jemiolo stated that the construction traffic for this phase of Birdsong Subdivision would be using the Transit Road entrance.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on December 13, 2004, a final inspection was conducted of the public improvements constructed in the Birdsong Subdivision, Part 3A, Phase 1, and this project included the continuation of the Birdsong Parkway, and a portion of Mallard Lane, and
WHEREAS, all work has been satisfactorily completed in accordance with Town specifications with the exception of weather related items which will be completed in the spring, and the Town is in receipt of cash securities to be held in escrow until the items are completed, and
WHEREAS, the Town is in receipt of a two-year maintenance bond letter in the amount of $600,000.00 which has been submitted with all other necessary documents,
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in the Birdsong Subdivision, Part 3A, Phase 1 constructed under PIP #2004-04, and authorize the Town Clerk to release the performance security in the amount of $120,000.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Release of Escrow – Topsoil /Fill Work and Seeding & Grading, Chisholm Trail, PIP #2002-02
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on November 6, 2002, the Town Board accepted dedication of the public improvements constructed in Chisholm Trail Subdivision, PIP #2002-02, with the stipulations that funds paid by the contractor be held in escrow until topsoil/fill work and grading & seeding within the Town right-of-way was completed, and
WHEREAS, the contractor has since completed the required topsoil/fill work and grading & seeding on Chisholm Trail Road, the work was inspected by the Engineering Department and found to be in compliance with Town specifications
RESOLVED, that the Town Board does hereby authorize the Town Clerk to release to Donato Homes, Inc, at 4819 Transit Road, Depew, New York 14043, the $10,000 held in escrow for topsoil/fill work and grading & seeding in the Chisholm Trail Subdivision (PIP #2002-02).
The resolution was unanimously adopted.
Councilman Kaczor stated that last Saturday, the Recreation Department sponsored “Breakfast with Santa at Jemiolo’s Restaurant, with Vin-Chet’s Bakery, and Tim Horton’s, which is owned by Michael Capriotto, who supplied the goodies. There were over 200 children that attended this breakfast, and the Recreation Department did a fabulous job.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
Whereas, Jerry Devlin has worked for the County of Erie Department of Environment & Planning as a Professional Engineer and has served as Secretary to the Erie County Sewer District #3 Board of Managers for over 24 years, and
Whereas, Jerry Devlin has the most comprehensive knowledge of the Sewer Systems, and shares this knowledge freely with anyone who needs advice or guidance, and does so it in the most gracious manner, and
Whereas, Jerry Devlin is now retiring from the County
Resolved, that the Town Board does hereby thank Jerry Devlin for his many years of dedicated service to the Town of Orchard Park and all the other municipalities that have benefited from his caring and knowledge, and be it further
Resolved, that this Town Board does wish Jerry Devlin “Good Luck” in his retirement, and many more wonderful years to enjoy his retirement.
The resolution was unanimously adopted.
13) 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 the Highway Superintendent to purchase a 2005 Chevy ¾ ton pickup truck off from Hoselton Chevrolet, off of the State Contract, for the sum of $15,621.00, for the Parks & Grounds Department.
The resolution was unanimously adopted.
DEPARTMENT HEADS FROM THE FLOOR
Supervisor Cudney introduced Brianna Larson and Amanda Repp, Orchard Park High School Seniors who are interning in the Supervisor’s office. They outlined a recycling project they conducted in the South Davis Elementary School, which was very successful. They were pleased that the students responded so well, and 42 out 50 fourth graders returned signed pledges from their families, in which the families committed themselves to recycling.
14) 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 approval of all entries on Warrant #25 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$92,148.01 |
|
Part Town Fund |
$887.13 |
|
Risk Retention |
$1,128.56 |
|
Cemetery Fund |
$0.00 |
|
Highway Fund |
$30,082.00 |
|
Special Districts |
$120,109.96 |
|
Trust & Agency |
$1,092.92 |
|
Capital Fund |
$830,639.20 |
The resolution was unanimously adopted.
Receive & File Reports
15) 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 receive and file the following Reports: Chief of Police’s Monthly Report for November 2004, and the Building Inspector’s Monthly Report & Building Permits for November 2004.
The resolution was unanimously adopted.
Raymond Waite, 48 Auckland Avenue: Mr. Waite is displeased with the Town Board for approving the special use permit for the Jim Ball project. He thanked Supervisor Cudney for standing up for the residents of his neighborhood. He stated that he was ashamed that the Town Board was putting the concerns of a commercial development ahead of an entire residential street of constituents. Mr. Waite urged the Town to enforce the promises that were made to the Planning Board on the distance boundaries and buffering.
Nicholas Taneff, 279 Summit Avenue: Mr. Taneff is still pursuing the landscape plan from five years ago from Diversified Controls and will hold the Town Board responsible for its completion. He feels the damage to Summit Avenue from Diversified Controls must be repaired before the Town moves ahead with the Jim Ball project and should set an example for the residents of Orchard Park. Supervisor Cudney stated that Mr. James from Diversified Controls will not receive the refund of the landscape bond if he is not in compliance with the landscaping. Councilman Mills stated that the Town Board is involved with these issues and will do what needs to be done.
Ruth Zak, Auckland Avenue: Mrs. Zak stated that the residents know that they cannot stop Jim Ball, but they want the best possible living situation they can have. Fifty to seventy five foot buffers is not enough. They do not want to move from their neighborhood.
Councilman Mills stated that in the 1980’s the Town had the opportunity to have the McKinley Mall situated at the Auckland Avenue and Washington Avenue area, but opted for the Auto Mall instead. The Town thought it better suited that area and those residents. The zoning there is commercial/residential, which it has been for many years. The Town Board is trying to protect the residents in that area. Smaller businesses could be closer to the lots lines than the Jim Ball project. The Planning Boards of the 1980’s tried to make it less of an impact on the area in general with an Auto Mall rather than the McKinley Mall. Councilman Mills stated that these residents should be protected.
Supervisor Cudney stated that the Town Board needs to adopt the Comprehensive Master Plan so that changes can be made in zoning , buffers and changes in side yard set backs.
Councilman Jemiolo stated that the Comprehensive Master Plan is being worked on very diligently. The Town has learned valuable lessons from the actions involving Diversified Controls and the Summit Avenue residents. In dealing with businesses, sometimes the Town is able to negotiate and obtain more with special exception use or change in use in zoning for more land in buffers or conservation easements. There is a need for businesses in Orchard Park to aid in property and school taxes. Councilman Jemiolo stated that the some of the commercial/industrial areas do run close to some residential areas and the Town Board does consider these residents. Councilman Jemiolo stated that he is in favor of the Jim Ball project but, unfortunately, most of the commercial/industrial zones are at the north end of Town and have been zoned that way for over thirty years. Councilman Jemiolo stated that every resident is entitled to and provided with the same great services of the Town and they are not ignoring the problems that arise.
John Marlow, 47 Brookins Green: Mr. Marlow asked what the deadline date is for the Comprehensive Master Plan. Supervisor Cudney stated that Councilwoman Ackerman had promised it within two weeks. Mr. Marlow stated that having new businesses doesn’t solve everything. The Town needs to keep open space that residents can enjoy. Councilman Jemiolo stated that over 800 acres were put under conservation easements in 2004. The Town Board is concerned in conserving open land and slowing down development. Mr. Marlow expressed the need for more frequent and regular assessments. Mr. Marlow asked the Town Board to cut down on spec developments, especially in the Village. Councilman Kaczor stated that Orchard Park has a very good planning commission is very strict on development and will continue to be.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, to wit: the meeting was adjourned at 9:21 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk