A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 3rd day of November, 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 October 6, 2004 and October 20, 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.
PUBLIC HEARING
At 7:00 PM (local time), the Supervisor called for the Public Hearing to hear all interested parties regarding the rezoning of vacant land at the corner of Southwestern Boulevard and Mid County Drive from B-2 to B-2 Special Exception Use, as petitioned by Jim Ball Auto Center
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.
Peter Sorgi, attorney for Jim Ball Auto Center and Cimminelli Development, the current owner of the property, stated that the sale of the property is contingent upon the Town Board granting the approvals needed. Jim Ball Auto Center was granted the rezoning of this property, and now they seek a Special Exception Use permit to open a new auto dealership, which is permitted under the Special Exception Use.
Supervisor Cudney opened the Public Hearing for public input:
Raymond Waite, 48 Auckland Avenue: Mr. Waite requested that prior to the approval of the Special Exception Use Permit for this property, the Town Board address the concerns of the residents of Auckland Ave.
§ The residents are disappointed that the Town Board approved the rezoning of property from residential to business, on a residential street and directly adjacent to residential homes.
§ This project is going to have a negative impact on the Auckland Avenue residents; it will affect their quality of life, and their property values.
§ He asked for a clarification of the proposed building placements, as there seems to be some discrepancies on the maps. At the 6/9/04 Town Board meeting, it was stated that the residents would be approximately 390 ft. from the proposed building. The current site plan filed with the Town shows the proposed building “B” dimension is 190 foot from Mr. Waite’s home. The dimension line on the plan is incorrectly drawn, and if measured correctly to the shortest points, there is only 120-foot difference. The parking is approximately 50 foot from his property.
§ Mr. Ball stated that he only needed 5 acres of this 17 acre site for this dealership, so why are the buildings being jammed as close to the residential area as possible?
§ The residents of Auckland Avenue would like the Town to make some permanent provision to prevent an access to Auckland Avenue from this dealership. The back of the parking area of the dealership comes within 30 ft. of Auckland Ave. and it looks like it was laid out to be a driveway.
§ The residents would like some help with the traffic situation that will be generated by this dealership.
§ The lighting needs to be addressed, as the current Jim Ball dealerships lighting have a very high glare.
Nick Taneff, 279 Summit Avenue: Mr. Taneff stated that he feels a buffer law needs to be put in place, but he knows that the Town Board would prefer to handle each site case by case. He feels this project needs a large buffer and he wanted to know if there is a buffer zone all along this project to protect the residents. He also wanted to know if this proposed easement is a Perpetual Easement.
Councilman Jemiolo stated there is going to be a 50-foot Perpetual Conservation Easement, with 25 foot of roadway between the project and the residents. Supervisor Cudney asked if this Conservation Easement extends along the proposed part of Auckland Avenue where Mr. Ball plans to build residential homes in the future. Mr. Sorgi stated, if a 50 foot Conservation Easement is put in place all along the site, that would mean Jim Ball Auto Center has no right to use that portion in any way what so ever. Supervisor asked if the landscaped Conservation Easement buffer would accomplish the “no access” to Auckland Avenue from the dealership. Mr. Sorgi said he thought it would. Mr. Berkowitz asked Mr. Sorgi if he thought the proposed Conservation Easement continued all along Auckland Avenue, even the portion to be developed at a latter date, as the Town Board was not clear on this. Mr. Sorgi thought it did, but if the proposed Conservation Easement is inadequate, it could be considered during the Site Plan Review and be a part of the approval process.
Jim Suplicki, 5560 Big Tree Road: Mr. Suplicki wanted to know why a 17 acres site is needed for one car dealership. He feels that there may be more involved here than people realize, as most car dealerships are considerably smaller.
Mr. Sorgi stepped forward to discuss the site plan. He stated there are three buildings, one is the dealership, one is an ancillary building to the dealership and the third one is an existing structure that will be used for storage at this time. On the site plan, for the third building, it states clearly that it is a brick and block existing building, future dealership. So, if there should be a second dealership on this parcel in the future, that is the site plan that Jim Ball Auto Center is applying for.
Mark Cudney, 5951 Webster Road: (Mr. Cudney stated that he is not a relative of Supervisor Cudney.) Mr. Cudney has traffic safety concerns, as more dealerships are added to the area, it may be harder to address the traffic problems. The auto dealerships are currently loading and unloading cars in the middle of Southwestern Blvd. Town Engineer, Wayne Bieler, stated that with the site plan review, they do look at the unloading of vehicles in the site design, and incorporate an entrance way and exit way for trucks, as this has been an issue in the past.
Dan Larivey, 3719 Breem Street: Mr. Larivey stated that West-Herr has a gated area specifically for unloading vehicles, but the trucks still unload them in the entrance way.
Tracy Schosek, 37 Auckland Avenue: Ms. Schosek wanted to make sure that “no standing” signs will be posted on Mid County Drive to discourage unloading of vehicles. Supervisor Cudney stated that there would be signs there, and on Breem Street as well. Ms. Schosek also asked about the four parcels at the end of Auckland that would now be land locked. It was stated that the Town has no control over that land.
Supervisor Cudney stated they would not act on this request tonight.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of Special Exception Use for the property at the corner of Southwestern Boulevard and Mid County Drive is hereby closed at 7:32 PM (local time).
The resolution was unanimously adopted.
PUBLIC HEARING
At 7:33 PM (local time), the Supervisor called for the Public Hearing to hear all interested parties regarding the Benefit Basis Special Districts Preliminary Budget and the Ad Valorem Preliminary Budget.
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.
Supervisor Cudney introduced Mr. Thomas Malecki, of Drescher & Malecki the Town’s accounting firm, who assisted in the preparation of the budget. Mr. Malecki stated that the Benefit Basis Budget is one in which the residents are taxed based on the benefits received. The services are water, sewer, garbage and lighting. There will be an increase in the water rate due to increases in hydrant rental, sewer will remain flat, and there will be a small increase in garbage and in the general lighting districts. Mr. Malecki stated the Town is doing a good job in controlling the costs, and therefore the tax increase should be minimal with this budget.
Supervisor Cudney opened the Public Hearing for public input:
Marvion Ashburn – 6326 Benning Road: Mr. Ashburn had questions regarding the water districts.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Benefit Basis Budget for the Year 2005 is hereby closed at 7:40 PM (local time).
The resolution was unanimously adopted.
At this time the Supervisor once again called upon Mr. Malecki to speak about the Ad Valorem Budget for the Town of Orchard Park.
Mr. Malecki stated this budget has to do with the taxes as they relate to the Town, the Highway and the Town outside the Village. Residents outside the Village will actually see a tax rate decrease. Because the Town and the Village each receive a portion of the Sales Tax, and the Town cannot allocate it Sales Tax revenue to the Village, the tax rates vary. The Highway fund has a 1.09% increase in the Town, and a decrease in the Village. This budget also provides for some modest wage increases, but it is the heavy increase in fringe benefits that really affects this budget. The cost of heath insurance is going up 12 to 14 percent, the retirement’s costs are significant and there may be the hit on court revenue fees. But, the increases have been offset with the growth in the Town, the increase in assessed valuation, and the increase in the Town’s portion of the sales tax, and mortgage tax.
Supervisor Cudney stated that in this budget, there is a large increase in the Recreation Department’s costs due to an increase in the proposed programs. But, this increase is being offset by the fees that will be paid by the residents who participate in the programs.
Supervisor Cudney opened the Public Hearing for public input:
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn commented on outsourcing some of the Town Highway’s jobs. Supervisor Cudney stated that in some cases the outsourcing of jobs is the least expensive way to go, and is sometimes done by the Town.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Ad Valorem Budget the Year 2005 is hereby closed at 7:50PM (local time).
The resolution was unanimously adopted.
Supervisor Cudney stated that there will be further discussion of these budgets, and they will be voted on at the next meeting.
New Business #1 PIP 2001-03, Birdsong Subdivision, Part 1, Phase 3, Release of Escrow
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, on December 17, 2001 the Town Board accepted dedication of the public improvements constructed under PIP #2001-03, Birdsong Subdivision, Part 1, Phase 3, with the stipulation that funds paid by the contractor be held in escrow until seeding & grading has been satisfactorily completed, and
WHEREAS, the contractor has since completed the required seeding and grading on Woodthrush Trail, Tananger Terrace, and Kingfisher Court which the Town Engineering department has inspected and found to be in compliance with the Town specifications
RESOLVED, that the Town Board does hereby authorize the Town Clerk to release the $16,000 held in escrow under PIP #2001-03 for completion of seeding & grading in the Birdsong Subdivision, Part 1, Phase 3, to Dominic Piestrak, PO Pox 470, East Amherst NY 14051, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Authorize Payment for Erie County Water Department Hydrant Fees
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, as part of the Erie County Water Authority takeover of the remaining Town Operated Water Districts, the ECWA has requested a resolution that includes the approximate number of hydrants per district, and
WHEREAS, the ECWA also requested in the resolution that the Town Board agrees to pay for those hydrants in the Town water districts that will now fall under Lease Management by the ECWA
RESOLVED, that the Town Board does hereby agree to pay hydrant fees to the Erie County Water Authority for the following number of hydrants per Town Districts as requested by ECWA under the Lease Management Agreement, and as recommended by the Town Engineer:
District 1 21 hydrants
District 4 68 hydrants
District 8 77 hydrants
District 20 2 hydrants
Total Hydrants for all Town operated districts is approximately one hundred & sixty eight (#168).
The resolution was unanimously adopted.
New Business #3 Recreation Department 2004/05 Staff Appointments
7) 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 approve the following appointments to the Recreation Department Spring/Summer Staff, pending submission of the required certifications, as recommended by the Recreation Director:
Spencer Dina 9 Swallow Lane Guard
Amanda Janosky 833 Sturgeon Pt. Rd. Derby NY Guard
The resolution was unanimously adopted.
New Business #4 Commercial Parking Permits
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby approve the following 2004 Commercial Parking Permits, as recommended by the Building Inspector and the Chief of Police.
§ Charlotte Tartaglione, 3958 Southwestern Boulevard
§ Diane Augustine, 3968 Southwestern Boulevard
§ Kenneth Doering, 3920 Southwestern Boulevard
§ Augustin Carducci, 3923 Southwestern Boulevard
§ Stephen Tripodi, 3800 Southwestern Boulevard
§ Mrs. John Wannemacher, 3746 Abbott Road
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
Budget Transfers
9) 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 transfer requests:
$4500.00 From: 001.8346.000.550 Contingent
To: 001.8346.000.475 Gasoline
$ 600.00 From: A.1440.0200 Equipment
To: A.1440.0475 Gasoline
$1500.00 From: A.7110.0421 Electric
To: A.7110.0423 Water
$1500.00 From: A.7110.0144 Full time labor
To: A.7110.0149 Part time labor
Town Board:
$ 800.00 From: A.1010.0419 Town Board Other Expenses
To: A.7550.0443 Chamber Holiday Celebration, Wreath Lighting
$ 575.00 From: A.1220.475 Gasoline
To: A.1220.445 Vehicle Maintenance
The resolution was unanimously adopted.
Supervisor Cudney had the following announcements: 1) Large Trash Pickup is going to be the week of Nov. 15th – 19th due to Thanksgiving, 2) The Town Board is not holding a work session Nov. 24th, 3) There is a meeting tomorrow night with the developer of Birdsong subdivision. He is looking for a new type of zone, called a Conservation Subdivision. He would like to have this zone put in place at the corner of Jewett-Holmwood and Freeman Roads to build Townhouses, 4) A thank you to all the Town Employees who contributed to the United Way. Residents of Orchard Park have used the United Way services 4,890 times this year, 5) The Town Assessor, Linda Yancey, asked the Supervisor to thank all the people who donated school articles for children in Iraq. The Junior Class of Orchard Park participated in this program through the efforts of the Class President, Larry Seivert, 6) November 11th is Veterans Day, and the Town Offices will be closed, 7) The Supervisor thanked the Town Clerk, her staff and all the election inspectors for a very successful election in which we had record turnouts. It is a very long day for everyone involved and they did an excellent job. She also congratulated the people who were elected yesterday.
10) 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 authorize Citizens Campaign for the Environment, an independent member-supported, not-for-profit, non-partisan organization, to conduct their activities Monday through Friday, in the Town of Orchard Park, 4:00 PM through to Sunset.
The resolution was unanimously adopted.
Councilwoman Ackerman wanted to remind everyone that on December 11, 2004, Erie County is going to hold an Electronics Recycling Day, from 9:00 am to 2:00 pm at the Erie Community College North Campus. The Orchard Park Symphony concert for Halloween was a great success and she thanked everyone who contributed to this event. There will be another concert in December.
Councilman Mills congratulated the Town Clerk on a very successful election. He stated that the Election Inspectors were outstanding, and hung right in there with the extremely large volume of traffic. Councilman Mills also wished to thank the community for their generosity on behalf of the Lions Club, whose members stand outside the polling sites to collect money for the White Cane Drive. Councilman Mills stated he would like the Town Board to consider returning some of the sales tax revenue to the residents by decreasing the tax rate.
Town Clerk, Janis Colarusso, stated that the turnout for the Presidential Election was tremendous yesterday. She wanted to thank the all Election Inspectors for their hard work and the great job they did, as they put in a 17-hour day, and managed a very large turnout of voters. She also thanked the Highway Superintendent, and his men for taking care of the voting booths and her office staff for all their support.
Police Chief, Samuel McCune, thanked every one who was out trick or treating for keeping the tricks to a minimum. It was one of the quietest Halloweens that he could remember. He also stated that the New York State Division of Criminal Justice Services is recognizing, along with the statewide Office of Mothers Against Drunk Driving, one of the Orchard Park Police Officers as a DWI enforcement Top Cop. Officer Patrick Rizzo is going to Albany to receive the award. He is one of only eleven officers in New York State to be recognized for this award. On the same day, these two groups are also going to recognize the whole Orchard Park Police Department for a Law Enforcement Challenge Award for their outstanding performance and contributions promoting highway safety throughout the year. Orchard Park is one of only eleven police departments in New York State being recognized.
11) 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 authorized the purchase of two new trucks, complete with a dump body and plow equipment for the sum of $205,054.00 from Albany International Truck Inc., under the New York State contract, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
At this time Supervisor Cudney introduced Brianna Larson, a senior at Orchard Park HS, who is doing a student internship in the Supervisor’s Office. Amanda Repp is another student who is also interning, and they are doing a project for the Supervisor. When they are finished, the Supervisor will report on the project to the Community.
Department Heads Reports From the Floor
No reports from the floor.
12) 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 #21 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$79,580.79 |
|
Part Town Fund |
$947.06 |
|
Risk Retention |
$944.07 |
|
Cemetery Fund |
$150.00 |
|
Highway Fund |
$172,729.22 |
|
Special Districts |
$33,772.08 |
|
Trust & Agency |
$11,501.56 |
|
Capital Fund |
$100,023.79 |
The resolution was unanimously adopted.
Receive & File Communications
13) 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: Citizens Campaign’s request to canvas the Town.
The resolution was unanimously adopted.
Nicholas Taneff, 279 Summit Avenue: Mr. Taneff stated that the Building Inspector and his staff are doing a great job in the ongoing cleaning up the Abbott Rd./Lake Ave. area. He also stated that the Highway Department did a wonderful job on the Burmon area playground. Mr. Taneff asked the Town Attorney if the Building Inspector could make an unannounced visit to a property. Mr. Berkowitz stated the Building Inspector could do that, but it is up to the property owner if he wants to let the Building Inspector onto his property. Mr. Taneff then said that he hopes the Jim Ball Auto Center is handled correctly and done right, so they do not have to revisit a situation similar to Diversified Controls on Summit Avenue.
Jim Suplicki, 5560 Big Tree Road: Mr. Suplicki said that he thought that Wyoming Bank was the last parcel that was going into the Tops Plaza, and was wondering about the new referral to the planning board for the out parcel next to Lowes. Councilman Jemiolo stated that the out parcel was already in the plans before the Wyoming Bank approval. Mr. Suplicki wanted to know if there was going to be another traffic signal at the Lowe’s driveway; he has visions of Walden & Galleria Drive. The Town Engineer stated that the NYS DOT did incorporate a turning lane for that driveway, and a signal light is not in the plans.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo to wit: the meeting was adjourned at 8:26 PM (local time).
Respectfully Submitted,
Town Clerk