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 19th day of May 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.”
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the minutes of the Town Board Meetings held on April 7th, April 21st and May 5th of the Year 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.
The resolution was unanimously adopted.
At 7:00 PM (local time) Supervisor Cudney called for the Public Hearing to hear all interested parties regarding the proposed Conservation Easement located at 6565 Scherff 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 5.5 acres, Zoned A-1. The owners of the property are Henry and Elizabeth Lewandowski, 6565 Scherff 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.
The Supervisor asked if there was anyone in the audience who would like to speak for or against the application for the Conservation Easement.
COMMENTS FROM THE FLOOR: No one spoke
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Conservation Easements for 6565 Scherff Road, 5.5 acres of land owned by Henry and Elizabeth Lewandowski, is hereby closed at 7:09 PM.
The resolution was unanimously adopted.
Town Board Adopt Conservation Easement for Henry & Elizabeth Lewandowski, 6565 Scherff Rd
3) 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 concerning an application for a Conservation Easement by Henry and Elizabeth Lewandowski, 6565 Scherff Road
RESOLVED, that the Town Board does hereby approve a Conservation Easement for 6565 Scherff Road, 5.5 acres of land, Zoned A-1, and owned by Henry and Elizabeth Lewandowski, for a fifteen (15) year period, upon signing by the petitioner, 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.
At 7:09 PM (local time) Supervisor Cudney called for the Public Hearing to hear all interested parties regarding the proposed Conservation Easement for vacant land located on Ellicott 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 45.72 acres, Zoned R-1. The owner of the property is Gregory Haskell, 7636 Ellicott 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.
The Supervisor asked if there was anyone in the audience who would like to speak for or against the application for the Conservation Easement.
COMMENTS FROM THE FLOOR: No one spoke
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Conservation Easements for vacant land located on Ellicott Road consisting of 45.72 acres, zoned R-1, and owned by Gregory Haskell is hereby closed at 7:12 PM.
The resolution was unanimously adopted.
Town Board Adopt Conservation Easement for Gregory Haskell, vacant land on Ellicott Road
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Town Board held a Public Hearing concerning an application for a Conservation Easement by Gregory Haskell, vacant land on Ellicott Road.
RESOLVED, that the Town Board does hereby approve a Conservation Easement for vacant land on Ellicott Road, 45.72 acres, zoned R-1, and owned by Gregory Haskell, for a fifteen (15) year period upon signing by the petitioner, 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.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the request from Carl Schleelein, 3419 North Benzing Road, for a building permit, to construct a 3,000 square foot pre-engineered building and site plans, as recommended by the Planning Board, 5/12/04, with the following stipulations:
§ This is an unlisted SEQR action based on the submitted long EAF Parts 1 & 2, and a negative declaration is made.
§ A Landscape Completion Bond in the amount of $2,340.00, or a certified check in the amount of $1,170.00, in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 45% green space.
§ The site lighting plan is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lenses and recessed bulbs.
§ No outside storage or display is permitted.
§ Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
§ Town Engineering Approval was granted on 5/12/04.
The resolution was unanimously adopted.
This matter was tabled until the next meeting of the Town Board on June 2, 2004.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following appointments to the “newly formed” Orchard Park Historic Preservation Board, with David Kaczor as the Town Board liaison:
Name: Address: Term Ends:
Suzanne Kulp 12 Briar Hill Road December 31, 2006
Beverly Foit Albert 10 Maple December 31, 2006
David Abate 20 Fir Top Drive December 31, 2006
Daniel Ransom 6515 East Quaker Street December 31, 2008
Timothy Gardner 34 Potter Avenue December 31, 2008
Phillip Schall 38 Candy Lane December 31, 2008
Norman Story 5030 Newton Road December 31, 2008
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing on Wednesday, June 2, 2004, at 7:00 PM (local time) regarding amendments to the Subdivision Regulations §121-9 Hearing on Preliminary Plat, §121-10 Planning Board Action and §121-17 Approval of Final Plat, as recommended by the Planning Board, and be it further
RESOLVED, that the Town Clerk shall publish due notice in the official newspaper of the Town.
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a public hearing on Wednesday, June 2, 2004 at 7:00 PM (local time) in the matter of property deemed to be dangerous and unsafe by the Building Inspector, said property being at 80 Vistula Avenue, and be it further
RESOLVED, that the Town Clerk shall publish due notice in the official newspaper of the Town.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, an application was received from Dominic Piestrak, P.O. Box 470, East Amherst New York, representing DPS Southwestern Corporation, for a Public Improvement Permit to construct the next phase of the Birdsong Subdivision, and
WHEREAS, Part 3A, Phase 1, will include 2,260 L. F. of new roadway and public utilities to serve 27 residential sublots, and this phase also includes the installation of stormwater retention pond, and
WHEREAS, the Engineering Department has reviewed the plans and specifications for the proposed project and have found them to be in compliance with current Town specifications
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve Public Improvement Permit #2004-04 for Birdsong Subdivision, Part 3A, Phase 1, as recommended by the Town Engineer.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on January 22, 2004, a final inspection was conducted of public improvements installed for the Boldt Court Waterline Extension, PIP 2003-03, which included the installation of 125 L. F. of waterline, and the work has been satisfactorily complete in accordance with Town Specifications, and
WHEREAS, a two-year maintenance bond in the amount of $3,000.00 has been submitted along with all other necessary documents
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements and filing of the easements for Boldt Court Waterline Extension, constructed under PIP #2003-03, and be it further
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Norman Grotke accepting the permanent easement and ownership of the waterline, provide water service to Mr. Grotke’s residence, and that he will be assessed tax levies and charges at the same rates as properties within Orchard Park Water District #8 without any additional out of district customer charges, and be it further
RESOLVED, that the Town Clerk is to release the performance security in the amount of $600.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from the Committee for the Seventh Annual Thomas R. Gardner Memorial Scholarship Fun Run on Saturday, July 3, 2004 at 7:00 PM. The race will start and finish at the Recreation Department at Yates Park.
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 Supervisor to Sign the Agreements with the Orchard Park Little Loop Football & the Little League Baseball for the use of Brush Mountain Concession/Restroom Facility, from the 28th day of July to the 24th day of October 2004.
The resolution was unanimously adopted.
14) 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 Department Spring/Summer Staff, pending submission of the required certifications, as recommended by the Recreation Director:
Florence Kirkner 16 Bender Drive Supervisor
Joe Armenia 31 Green Lake Drive Life Guard
Stephanie Battaglia 112 Burbank Drive Life Guard
Glen Butera 34 Braunview Way Life Guard
Elizabeth Chelus 140 Hobby Lane Life Guard
Marilyn Found 5490 Chestnut Ridge Road Life Guard
Caitlin Gessner 6 Peppermill Road Life Guard
Emily Hedges 5490 Chestnut Ridge Road Life Guard
Lauren Randle 12 Thomaston Lane Life Guard
Mario Vinti 5600 Powers Road Life Guard
Mark Tedeschi 6212 Taylor Road Life Guard
Lauren McCann 6076 Benning Road Life Guard
Patty House 262 Fawn Trail, West Seneca Life Guard
Shannon Kilgore 97 Tanglewood Drive W. Volunteer
Alicia Gillogly 4359 Freeman Road Volunteer
Jenny Capriotto 7123 East Quaker Road Volunteer
Kathryn Cross 4 Mt. Airy Drive Aide
Elizabeth Dillon 145 Independence Drive Aide
Karen Dolce 58 Tanglewood Drive W. Aide
Jordan Eimer 6045 Bunting Road Aide
Christopher Fitzgerald 6231 Bunting Road Aide
Valerie Gehring 51 Lakewood Drive Aide
Amanda Hinkle 15 Fir Top Drive Aide
Marcin Kucharski 3965 California Road Aide
Jacqueline Lex 151 Idlewood Drive Aide
Michael Lindstrom 6235 Scherff Road Aide
Jessica Mann 11 Hawthorne Drive Aide
Ryan Martz 32 Cherry Tree Lane Aide
Anne McNall 31 Timberlake Drive Aide
Kari Mielcareki 4140 Stockton Lane, Hamburg Aide
Jennifer Palmo 57 Kirkwood Drive Aide
Andrew Ramage 15 Daisy Lane Aide
Ted Ramage 15 Daisy Lane Aide
Raymond Rayeski 8112 Cole Road Aide
Katherine Sanok 219 Meadowbrook Road Aide
Michael Schamann 6174 Armor Road Aide
Kristen Sherry 17 Forsythia Court Aide
Emilie Smith 22 Braunview Way Aide
Eva Szinger 30 Carey Drive Aide
Jessica Tedeschi 3258 Seneca Street, West Seneca Aide
Elizabeth Walh 7 Birch Run Aide
Thomas Wellington 6711 Jewett Holmwood Road Aide
Jordan Witt 65 Ashwood Lane Aide
Eric Worral 6431 Cole Road Aide
Elizabeth Yates 240 Independence Drive Aide
Darcy Zappia 32 Quaker Lake Terrace Aide
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby refer to the Planning Board and/or Conservation Board the following request: James DeMarco requesting to construct a new 12,000 square foot masonry building to house his Premium Coffee Roasting Plant and Warehouse business that is currently located on the adjacent property of 3438 California Road.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Request for a Budget Transfer from the Town Assessor
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following 2007 Budget Transfer, as requested by the Town Assessor:
From: $6,500.00 A.1910.0480 Contingent
$1,500.00 A.1355.0442 Assessor – Software
To: $8000.00 A.1355.0460 Assessor – Outside Appraisals/Codification
The resolution was unanimously adopted.
Supervisor Cudney announced that she received a letter from the Boys & Girls Club of Orchard Park stating that Police Chief Sam McCune is being recognized as their Citizen of the Year. The Town Board congratulated Chief McCune on this honor.
Councilman Jemiolo talked about a letter that was circulated by Orchard Park Central School with the Town Assessor’s signature on it regarding the monies that would be generated by the reassessment process. He stated this letter was not generated by her, and he wanted to make it clear that the Orchard Park Town Board does not want to be involved in the affairs of the School Board.
Councilman Mills stated that he has a problem with the reassessment process that is currently taking place. He stated he was distressed for the residents who are receiving the reassessment notices, and he also feels bad for the people on fixed incomes who will have to deal with the increase in taxes. Councilman Mills said he hopes that the individuals who receive the reassessments will not have to sell off their properties and that the assessments are fair.
Councilwoman Ackerman stated that she too was upset by the press release from the School’s business office, as it was not generated by Assessor. She stated the information the Assessor had given the school was extracted for the press release and additional language was added, then Linda Yancey’s name was signed to it. Councilwoman Ackerman stated that the Town Board is in favor of equitable assessments and also stated that the increase in assessments on vacant land is not as high as the current selling price. She pointed out that there are some tools in place that the residents can use to help relieve some of the burden of reassessment.
Building Inspector Andy Geist reported on some of the problem properties in Orchard Park.
§ 5490 Lake Avenue: The burned store has been bought and is going to be renovated for another store.
§ 9 Hazel Court: A house that has been vacant for a few years has been sold and is going to be demolished, and a new house built on that site.
§ Store at Lake Ave & Route 20: Former Roma’s Pizza is going to be a Hersey’s Ice Cream store.
§ 5397 Big Tree Road: August Munk’s house has been sold.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, to satisfy the appropriate water quality requirements of the EPA Environmental Conservation Law and the Clean Water Act, along with the Stormwater Phase II regulations, the Town must submit to the New York State Department of Environmental Conservation an Annual Report outlining the Town’s progress in meeting the Notice of Intent (NOI) goals, and
WHEREAS, a preliminary draft of the Annual Report was included with the SWMP and was previously copied to the Town Board with the April 5, 2004 Western New York Stormwater Coalition public information meeting authorization, and
WHEREAS, the Annual Report must be submitted to the NYSDEC each year by June 1st
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the New York State Department Environmental Conservation SPDES (#NYR20A137) General Permit for Stormwater Discharge from Small Municipal Separate Storm Sewers (MS4s) Permit No. GP-02-02, Municipal Compliance Certification.
The resolution was unanimously adopted.
DEPARTMENT HEADS FROM THE FLOOR
Town Assessor Linda Yancey stated that she felt the public should be aware when there is anticipated large increases of assessment to the rolls. Therefore, all jurisdictions using the tax roll should be accountable for a correct tax rate against their budgets. Reassessment of properties in Orchard Park has not been done in over fourteen years, and this has been brought to the attention of the Town Board. Ms. Yancey stated that Erie County has a charter that puts the taxable status date at May 1st, which gives her office only a three week window to assemble all the information for a tentative tax role. Most of the other counties have a taxable status date of March 1st, which gives them almost two full months to get all the work done and notify the people. She also stated that she has additional people and extended hours for the residents to come in and review the information and have all their questions answered.
18) 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 #10 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$123,732.77 |
|
Part Town Fund |
$156.87 |
|
Risk Retention |
$985.58 |
|
Cemetery Fund |
$425.00 |
|
Highway Fund |
$19,822.95 |
|
Special Districts |
$216,270.07 |
|
Trust & Agency |
$9,378.38 |
|
Capital Fund |
$164.502.51 |
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby receive and file the following Communications and Reports listed on the agenda:
Communications:
§ Erie County Industrial Development Agency: Notice of Public Hearing for June 7, 2004, at 9:30 AM at the Orchard Park Municipal Center, with respect to the following project: Premium Coffee Roasters, Inc.
§ Village of Orchard Park: Notice of Public Hearing for May 19, 2004, at 7:00 PM at the Orchard Park Municipal Center, on the following appeal: Beth Allmark, 4285 Freeman Road.
§ The New York Public Interest Research Group (NYPIRG), a non-for-profit charity will be conducting a community outreach in the Town of Orchard Park for the Summer of 2004.
Reports:
§ Building Inspectors Monthly Report for April 2004
§ Chief of Police’s Monthly Report for April 2004.
The resolution was unanimously adopted.
Henry Dinder, 5532 Big Tree Road: Mr. Dinder said that last week he had two gun shots go through windows in his house. He contacted the police and the Department of Environmental Conservation (DEC), he was informed that hunting can take place in the Town of Orchard Park south of Route 20, Southwestern Boulevard. He would like the Town Board to enact a fire arms ordinance, as West Seneca did in 1957 (copy of the West Seneca ordinance given to the Town Clerk). The Town Board said they would review this.
There being no further business from the floor, on motion by Councilwoman Ackerman, seconded by Supervisor Cudney, to wit: the meeting was adjourned at 8:02 PM (local time).
Respectfully Submitted,
Town Clerk