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 1st day of September, 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
Supervisor Cudney announced that this evening Boy Scouts from Troop #400, Patrick Raab, Brian Raab and Keller Smith would lead the audience in the Pledge of Allegiance.
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.”
Special Presentation for the Lions Club & the Rotary Club
Supervisor Cudney stated tonight the Town Board would like to recognize the Lions Club and the Rotary Club. Councilman Kaczor thanked these organizations for their donation of not only money, but their time, to build picnic shelters at the Burmon Road playground and the Eagle Heights playground. Councilman Kaczor along with Recreation Director, Ed Leak, presented to the Rotary Club President, John Mariano, and Councilman Jemiolo a Rotary member, and Highway Superintendent, Ron Geitter and Councilman Mills members of the Lions Club, certificates of appreciation for their organizations’ efforts. Councilman Jemiolo commended Ed Leak for volunteering to help in these two community projects. He also stated that even though these are two separate Clubs, they enjoy working together on community projects.
Supervisor Cudney suggested that the press might take pictures for the completed projects. Councilwoman Ackerman added that John Mariano, the Rotary Club President, is also a policeman for the Orchard Park Police Department.
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 August 4th 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.
Supervisor Cudney stated this item is tabled until the Town Board can review the details of the Assembly Bill. Councilman Jemiolo stated that the local share of Medicaid tax dollars is putting a tremendous burden on our property taxes and the New York State Office needs to do something about it. The Town Board plans to research this proposed resolution and let the Legislators know their stand on this.
2) THE FOLLOWING RESOLUTION WAS UNANIMOUSLY OFFERED BY THE TOWN BOARD, WHO MOVED ITS ADOPTION, SECONDED UNANIMOUSLY BY THE TOWN BOARD, TO WIT:
WHEREAS, the recently approved state budget includes language that will adversely affect the return of significant court fee revenue to towns and villages, and
WHEREAS, the loss of this revenue will give towns and villages no choice but to increase real property taxes, and
WHEREAS, this action by the state will not generate significant revenue for the state but will cause serious financial damage to towns and villages that are attempting to hold down local property taxes,
RESOLVED, that we call upon State Legislative leaders, Senator Joe Bruno and Assembly Speaker Sheldon Silver as well as Governor George Pataki to work together with a sense of urgency to restore these monies back to towns, villages and other affected local government, and
BE IT FURTHER RESOLVED, that we ask our individual State Senators and Assemblymen to remind the State Legislative leaders of the dire tax consequences to municipalities if the State Legislative leaders and the Governor do not eliminate the language contained in the state budget that will have such an adverse effect on towns, villages and other local governments, and
FINALLY, BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor George Pataki, Senate Majority Leader Joe Bruno, Assembly Speaker Sheldon Silver, Assembly Majority Leader Paul Tokasz, State Senator Dale Volker, Assemblyman Brian Higgins and other elected state officials from Western New York.
Supervisor Cudney stated that she has met with the Courts and the Town Account to see what the impact would be on the Town Budget. The Town stands to loose an estimated $250,000 in court revenues from tickets. With the added work load to the courts and the tickets, Supervisor Cudney estimates the total to be around $300,000 to the residents and urged people to write or call their Legislators.
Councilman Jemiolo stated that he is very disappointed in our State leadership.
Councilman Kaczor added his displeasure on the performance of the State government representatives. He stated that this needs to be addressed at the New York State Constitutional Convention.
Councilman Mills agreed with Councilman Kaczor that changes need to be made to the New York State Constitution at the New York State Convention.
Councilwoman Ackerman stated that Town government is the most important level of government because it is the most interactive and responsive and is urging residents to contact their Legislators.
The resolution was unanimously adopted.
3) 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 schedule a Public Hearing for Wednesday, September 15, 2004 at 7:00 PM for David and Lori Lussier, 75 Cranwood Lane, for 10 acres of land to be placed in a Conservation Easement.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
RESOLVED, that the Town Board does hereby accept the resignation with regret, from Henry J. Jarocha from the Zoning Board of Appeals.
Councilman Mills thanked Henry Jarocha for his many years of service.
Supervisor Cudney also recognized Henry Jarocha and thanked him for his service to the community.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby appoint Joseph C. Liberti, 95 Norwood Lane, as a member to the Zoning Board of Appeals with the term to expire 12/31/06.
The resolution was unanimously adopted.
6) 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 appoint Mark C. Dietrick, 98 Rainbow Terrace, as an alternate member to the Zoning Board of Appeals with the term to expire 12/31/07.
The resolution was unanimously adopted.
New Business #7 Residents of Bruce Drive & Wildwood Lane Requesting a Block Party
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 residents from Bruce Drive and Wildwood Lane to hold a Block Party, Saturday, September 18, 2004, beginning at 2:00 PM, with a raindate of Sunday, September 19th, and to be it further
RESOLVED, that the Highway Superintendent is hereby authorized to barricade the roads.
The resolution was unanimously adopted.
New Business #8 Requests for Commercial Park Permits
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize Commercial Parking Permits to the following applicants as recommended by the Building Inspector and Chief of Police:
§ W.J. Milligan, 3892 Abbott Road
§ Nicholas Daurelio, 3879 Southwestern Boulevard
§ Sue & Patrick Kane, 3952 Southwestern Boulevard
§ Stadium Mobil, 3856 Southwestern Boulevard
§ Northstar Development, 3975 Southwestern Boulevard
§ Yanping Gao, 5100 Big Tree Road
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
9) 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 budget transfers as recommended by the Town Engineer:
Amount From To
$ 500 1440.0200 Eng. Equipment 1440.0412 Eng. Mileage Reimbursement
$1,000 1440.0200 Eng. Equipment 1440.0445 Eng. Vehicle Maintenance
The resolution was unanimously adopted.
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 following budget transfers as recommended by the Recreation Director:
$2,000 A.7020.0238 Lake Water Quality A.7020.0463 Transportation
$2,000 A.7020.0476 Upstream Testing A.7020.0450 Publishing
$1,500 A.7020.0480 Supplies A.7020.0428 Field Trips
The resolution was unanimously adopted.
Councilwoman Ackerman announced the that time of the Freeman Road Bridge Informational meeting will be Thursday, September 9th, 2004 from 6:30 PM to 8:00 PM in the Municipal Center basement meeting room.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, following due and timely notice, a public hearing relating to the matter of the rezoning of property in the Town of Orchard Park, was conducted at the Municipal Center, S4295 South Buffalo Street, Orchard Park New York on the 18th day of August, 2004 at which time all interested parties were given the opportunity to be heard, which amendment provides as follows:
To rezone vacant land on the corner of Southwestern Boulevard and Mid County Drive, from I-1 and R-4 to B-2, as petitioned by Jim Ball Pontiac.
WHEREAS, no recommendations from the Erie County Department of Planning, pursuant to Section 239-mm of the General Municipal Law was received and filed by the Town Board, and
WHEREAS, the following recommendations from the Town of Orchard Park Planning Board has been received filed with the Town Board, and
1. This is an Unlisted SEQR action based on the submitted full EAF, Parts One and Two and a negative declaration is recommended for the rezoning.
RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park are hereby amended subject to compliance with the above stipulations by rezoning vacant land on the corner of Southwestern Blvd. & Mid County Drive, from I-1 and R-4 to B-2, 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.
This ordinance shall take effect ten- (10) days after publication and posting in accordance with law, and be it further
RESOLVED, that the Town Clerk publish and post a copy of said amendment in accordance with Section 264 and 265 of the Town Law.
Before the vote was taken, Councilman Jemiolo stated that by rezoning this property, the Town Board has only taken the first step with this project He stated that the Town Board needed to hold another Public Hearing for Special Exception Use, and Jim Ball will need to appear in front of the Conservation Board and the Planning Board. He stated he wanted to make sure the project is neighborhood friendly.
Councilman Mills asked the Town Attorney what the Town Board could do to warrant any kind of construction on the 75' buffer. After consulting with the Town Attorney, Councilman Mills stated he wanted to demand that a Conservation Easement be put into place in accordance with the 75’ of buffer. Councilman Mills feels the planting/structure of trees is very important in this project. He stated again he wants a Conservation Easement on the buffer.
Councilman Kaczor asked the Town Attorney if they could include the Conservation Easement as a stipulation to the application? The Town Attorney said yes.
Councilman Mills stated he was concerned about having something in place in this resolution stating plantings will be replaced. Mr. Mills stated Mr. Ball insured him that he would do as much as possible to make this project user friendly to protect the neighborhood. The Town Attorney stated that the Town Board could make that a condition and add another stipulation for a Conservation Easement to be placed on the 75’ of buffer, and that plantings will be placed on the property to make an absolute buffer between the properties.
Councilwoman Ackerman stated another stipulation could be added, if the Conservation Easement is number eight. Councilman Jemiolo jumped into the conversation and stated he believed that Councilman Mills wants to add the Conservation Easement in the buffer areas as number eight. Councilwoman Ackerman added that the Town Board could insist on the highest possible diligence on part of the Conservation Board to review the plans presented. Councilman Mills asked how long can you place a bond on the plantings for the property? Town Attorney stated it is a two-year bond. Councilman Mills stated he wants Mr. Ball to agree to a twenty-year bond. Town Attorney stated the Town Ordinance requires two-years.
Councilman Jemiolo stated before the Town Board holds the Public Hearing for Special Exception Use and approves a building permit, this site plan will have to be reviewed by the Conservation Board and the Planning Board. He stated he believes the Planning Board has sent a message to the Conservation Board concerning the landscaping for the 75’ buffer, as this Town Board is doing this evening. Councilman Jemiolo wanted the resolution amended to included the stipulations.
Councilman Mills stated he would like to amend the resolution. The stipulations read as follows:
1. This is an Unlisted SEQR action based on the submitted full EAF, Parts One and Two and negative declaration is hereby declared.
2. Acreage Fees in the amount of $545.00 has been paid in accordance with section 144-70 C of the town Code.
3. This recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans and shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
4. All lighting fixtures shall have flat horizontal lenses. One thousand-watt fixture shall only be located along Southwestern Boulevard. The lowest security lighting level shall be identified for after regular business hours. The overall site lighting will be reviewed during the site plan review process to lower the overall lighting level to the five to six foot-candle levels with no spill over to the adjacent properties.
5. The southwest side of building “B”, as reflected on the plans on file at the Orchard Park Town Clerks office, shall have no overhead vehicle type access doors.
6. Vehicle off-loading from trailers shall be accomplished on the site; no off-loading shall be permitted to take place on Mid County Drive or Southwestern Boulevard.
7. A buffer of 75’ shall be provided along the east line of the lots on Auckland Avenue and parallel with the west line of the subject parcel using heavy landscaping of coniferous trees 6 to 8 feet in height per Section 144-25A of the Town Code. This 75’ foot buffer shall be placed in a Perpetual Conservation Easement. Such Conservation Easement shall be consistent with the Conservation Easement described in Chapter 52 of the Code of the Town of Orchard Park.
Councilwoman Ackerman stated the Town Board has control over the rezoning of this land, and the Town Board can do a lot to protect the residents. She also stated there is a lot more that needs to happen before it comes to fruition.
Supervisor Cudney stated she would not vote for this project this evening. She stated she appreciates the efforts of the Planning Board trying to mitigate any negative impacts to the residents. She also commented on how the residents (at the Public Hearing) stated their feelings about the project and the negative impacted. She stated this is a very big project, with a huge rezoning. She stated, in her experience, the residents along Milestrip Road and Hart Place have been impacted with the car dealerships that have been built. She stated she would have hoped the Town Board would not have voted in favor of this project, and that Mr. Ball would have come back with a smaller project.
Supervisor Cudney Nay
Councilwoman Ackerman Aye
Councilman Jemiolo, Jr. Aye
Councilman Kaczor Aye
Councilman Mills Aye
The resolution was duly adopted.
Councilman Jemiolo asked the Town Attorney if the Town Board could schedule a Public Hearing for the Special Exception Use Permit. The Town Attorney suggested that the Planning Board and the Town Engineer review the project before we schedule the Public Hearing.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN, TO WIT:
The resolution was unanimously adopted.
13) 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 support of a study by Erie County to lower the speed limit on the section of Milestrip Road between Orchard Park Road and Southwestern Boulevard Road, as requested by the residents.
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 based on the recommendation of the Orchard Park Chief of Police the following parking signs are to be put in place:
§ Breem Street – change the existing “No Parking” signs on the east side of the street to “No Standing” from 3719 Breem Street to Route 20 and post both sides as such.
§ Mid-County Drive – post both sides of the street from Route 20 to 200 feet north of 65 Mid-County Drive’s lot line as “No Standing”.
§ Milestrip Road – change the existing “No Parking” signs from the east boundary of Jim Ball to Route 20, on both sides of the street, to “No Standing
The resolution was unanimously adopted.
Highway Superintendent Geitter stated that a long time resident David Reese, caretaker of Yates Park for decades, had passed away. He would like to have the meeting adjourned in his memory.
Department Heads From The Floor
Recreation Director Ed Leak: Mr. Leak thanked the Orchard Park Lions Club and Rotary Club for their wonderful work on the Burmon Road shelter and the Highway Department for their beautiful job on the Eagle Heights Playground Shelter. He stated that the Fall/ Winter/Spring brochure would be mailed out in the coming week to 12,000 residents. There are programs for all ages, plus some new exciting additions.
15) 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 #17 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$133,564.79 |
|
Part Town Fund |
6,600.82 |
|
Risk Retention |
0.00 |
|
Cemetery Fund |
0.00 |
|
Highway Fund |
59,440.28 |
|
Special Districts |
37,518.83 |
|
Trust & Agency |
18,755.93 |
|
Capital Fund |
89,054.06 |
The resolution was unanimously adopted.
Receive & File Communications
16) 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 receive and file the following Communications: Recommendations of Elizabeth Weiss, 37 Royalcrest Drive, Orchard Park, NY 14127.
The resolution was unanimously adopted.
Henry Dinder, 5532 Big Tree Road: He is still asking for an ordinance on firearms and recommends the Town could perhaps adopt the one the Village has. Mr. Dinder had some ideas on the traffic revenue collection of the courts by the State.
Marvion Ashburn, 6326 Benning Road: He voiced his feelings on firearms.
Joseph Ippolito, 3085 Southwestern Boulevard: He asked about the Tax Assessors report.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Jemiolo, to wit: the meeting was adjourned in memory of David Reese at 8:04 PM (local time), followed by a moment of silence.
Respectfully Submitted,
Town Clerk