4th Town Board Meeting 2119103 Pagel
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 February 2003 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there I were: PRESENT AT ROLL CALL: Toni M. Cudney Supervisor David M. Buyer Councilman Nancy W. Ackerman Councilwoman Stanley A. Jemiolo, Jr. Councilman
Janis A. Colarusso Town Clerk Leonard Berkowitz Town Attorney Joseph M. Campion Building Inspector Samuel McCune Chief of Police Wayne Bieler Town Engineer
ABSENT: David R. Kaczor Councilman Ronald A. Geitter Superintendent of Highways
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 ofEthics. "
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held for the February 5, 2003, as presented by I 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 for or against the Proposed Local Law for the Year 2003; Volunteer Firefighter's Property Tax Exemption.
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 stated that she has received a letter from the Chairman of the Orchard Park Fire District, William Szewc, representing the 161 firefighters in this district who support this legislation and wish to see it passed.
Comments from the floor:
Jerry Scoones, 15 Greenlake Drive: He supports any legislation that may help our valiant firefighters in I Orchard Park. 4th Town Board Meeting 2119103 Page 2
Alan Vox, 66 Greenlake Drive: He wanted to know if this legislation eliminates property tax for the firefighters. Town Attorney stated this legislation only gives the firemen a minimal deduction in their property taxes.
2) 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 Proposed Local Law for the Year 2003; Volunteer Firefighter's Property Tax Exemption for the Town of Orchard Park is hereby closed at 7:06 PM (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, following due and timely notice a Public Hearing relating to the matter of Local Law for the Year 2003, which provides for a Property Tax Exemption for Volunteer Fireman, was conducted this evening, at which time all parties were given an opportunity to be heard
NOW THEREFORE be it,
RESOLVED, that the Town Board is hereby authorized to adopt Local Law #1 for the Year 2003 which provides as follows:
1. Real property owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated volunteer ambulance service or such enrolled member and spouse shall be exempt from taxation to the extent of ten percent of the assessed value of such property for village, town, part town, special district, or county purposes, exclusive of special assessments, provided further, however, that such exemption shall in no event exceed three thousand dollars multiplied by the latest state equalization rate for the assessing unit in which such real property is located.
2. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service unless:
(A) the applicant resides in the town, or village which is served by such incorporated volunteer fire company or fire department or incorporated voluntary ambulance service; (B) the property is the primary residence of the applicant; (C) the property is used exclusively for residential purposes; provided however, that in the event any portion of such property is not used exclusively for the applicant's residence but is used for other purposes, such portion shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided by this section; and (D) the applicant has been certified by the authority having jurisdiction for the incorporated volunteer fire company or fire department as an enrolled member of such incorporated volunteer fire company or fire department for at least five years or the applicant has been certified by the authority having jurisdiction for the incorporated voluntary ambulance service as an enrolled member of such incorporated voluntary ambulance service for at least five years. 4th Town Board Meeting 2119103 Page 3
3. Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than twenty years of active service and is so certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated voluntary ambulance service, shall be granted the ten percent exemption as authorized by this section for the remainder of his or her life as long as his or her primary residence is located within Erie County.
4. Application for such exemption shall be filed with the assessor or other agency, department or office designated by the Town offering such exemption on or before the taxable status date on a form as prescribed by the State Board.
5. No applicant who is a volunteer firefighter or volunteer and ambulance worker who by reason of such status is receiving any benefit under the provisions of this article on the effective date of this section shall suffer any diminution of such benefit because of the provisions of this section.
The question of the adoption of the foregoing resolution was duly put to a roll call vote:
Supervisor Toni Cudney Aye Councilman David Buyer Aye Councilwoman Nan Ackerman Aye Councilman Stanley Jemiolo Aye Councilman David Kaczor Absent
The resolution was duly adopted.
New Business #1 Authorize Recreation Director to Attend New York State Seminar
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Recreation Director, Edward Leak, to attend the New York State Recreation & Park Society 63rd Annual Conference & Business Expo, March 30th to April 2nd, 2003, at town expense. The resolution was unanimously adopted.
New Business #2 Authorize Supervisor to Sign Agreement w/Skylighters of Western New York
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Agreement with Skylighters of Western New York, Inc., for the Town of Orchard Park's Annual Fireworks Display on Friday, July 4th, 2003. The resolution was unanimously adopted. 4th Town Board Meeting 2119103 Page 4
New Business #3 Orchard Park Central School Request for Voting Machines
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT: I
RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Central School District for the use of twelve (12) Town of Orchard Park Voting Machines for the Annual District Meeting and Vote on Tuesday, May 20,2003 at the Orchard Park Middle School from 7:00 AM to 9:00 PM, and be it further
RESOLVED, that the Town Board does hereby expects all twelve (12) voting machines to be returned in the same condition received from the Town, and if there is any damage to any of the twelve (12) voting machines, the Orchard Park Central School District is fully responsible for all repairs.
The resolution was unanimously adopted.
New Business #4 Authorize Supervisor to Sign Notice of Intent, as requested by the Town Engineer
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, under the new Federal Phase II stormwater regulations by the US Environmental Protection Agency (EPA), the Town must develop, implement, and enforce a stormwater management program (SWMP) designed to reduce the discharge of pollutants from small Municipal Separate Storm Sewer Systems (MS4's) to the maximum extent practicable in order to protect water quality, and WHEREAS, to satisfy the appropriate water quality requirements of the Environmental Conservation I Law and the Clean Water Act, along with the Stormwater Phase II regulations, the Town owned and operated separate storm sewers systems (MS4's) which lie within the regulated MS4 areas require a State Pollutant Discharge Elimination System (SPDES) Permit, and
WHEREAS, the first part of this program setup by New York State Department of Environmental Conservation (NYSDEC) is the Notice of Intent (NOI), which upon submission constitutes notice that the Town intends to be authorized by the NYSDEC's Small MS4 State Pollutant Discharge Elimination System (SPDES) General Permit issued for storm water discharges from the Town's separate storm sewer system (MS4), and
WHEREAS, to obtain this coverage by March 10, 2003, the NYSDEC must receive the NOI by March 5, 2003,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the New York State Department of Environmental Conservation Notice of Intent (NOI) to start the process of obtaining the required State Pollutant Discharge Elimination System (SPDES) General Permit for Municipal Separate Storm Sewer Systems (MS4) and meet the March 5th submittal deadline, as recommended by the Town Engineer. The resolution was unanimously adopted. I 4th Town Board Meeting 2119103 PageS
New Business #5 Authorize the Supervisor to sign "Memorandums of Understanding" with Union
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Town Assessor has retired and a new Town Assessor has not been appointed as of yet, and
WHEREAS, the Town Building Inspector is retiring at the end of this month, and a new Building Inspector has not been selected at this time,
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign two "Memorandums of Understanding" with the White Collar Union #1000, AFSCME Unit #6765-01, one for the management of the Assessor's Office and the second for the management of the Building Inspector's office.
The resolution was unanimously adopted.
New Business #6 Appointment David Jensen as part-time Fire Inspector
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby appoint David Jensen, 7 South Davis Street, to fill the part-time Fire Inspector vacancy in the Building Inspector's Department, as requested by Joseph Campion, Building Inspector. The resolution was unanimously adopted.
New Business #7 Schedule Public Hearing for Moratorium - Development in Business District
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, over the last several years, the community of Orchard Park has experienced the rebuilding of North and South Buffalo Street and Road, by the NYSDOT, from Clark Street to Southwestern Boulevard, and
WHEREAS, the reconstruction encompassed such features as new street lighting from Clark Street to Jubilee Plaza, road realignment with new lane configurations, curbing and sidewalks on both sides of the thoroughfare for the length of the project, new plant materials and the development of new green spaces, and
WHEREAS, after many years of serious study and contemplation of the character of development along the roadway, both in the Village and the Town, there is a most serious intent on the part of the Town to continue efforts regarding street-scaping and preservation of proven and accepted architectural designs in order to establish the atmosphere of the community's "Main Street", and
WHEREAS, the road redevelopment improvements establish, for the community, a favorable position from which to create an architectural overlay district along this commercial corridor which is the main north-south entryway into the community, and 4th Town Board Meeting 2119103 Page 6
WHEREAS, it is the strong desire of this Town Government to make this entrance to the community from the north, along Buffalo Road, aesthetically pleasing and to establish an ambiance in design reminiscent of the nineteenth and early twentieth centuries, and
WHEREAS, to successfully develop the general architectural and street-scape guidelines, which will govern future development and change-in-use design within this designated area, a short period of time is necessary, during which development must be held in abeyance, to facilitate the formulation of effective guidelines
NOW, THEREFORE, be it
RESOLVED, that this Town Board will schedule a Public Hearing on Wednesday, March 19, 2003 at 7:00 PM (local time) to enact a moratorium on development along the east and west side of North Buffalo Street, from the north Village boundary line to Southwestern Boulevard, for a depth of the commerciallbusiness zone for a period of six (6) months, during which the design guidelines and regulations of the Architectural Overlay District will be established and adopted by the Town, and be it further
RESOLVED, that an Architectural Overlay Committee is hereby appointed by the Town Board to research and promulgate the regulations and requirements of this special Architectural Overlay District. This committee shall consist of Phil Murray, Planning Board Member and concept originator, Dave Kaczor, Town Board Member, Len Berkowitz, Town Attorney, Jack Bertsch, Economic Development Committee, Sue Kulp, Town Historian, Tom Jaeger, Conservation Board Member and engineer, Tom Johnson, builder, and Nan Ackerman, Town Board Member, and be it further
RESOLVED, Councilwoman Ackerman shall act as Chairperson to the committee, and be it further
RESOLVED, that the Planning Coordinator's office is hereby directed to send out notification of this Public Hearing to all properties in the business zone affected by the proposed moratorium.
On the question Councilwoman Ackerman stated the following: Phil Murray (Planning Board Member) approached her about the concept of the Town having it's own design requirements for the entryways to the community that developers would have to adhere to. This would enable the Town to have control of the architectural destiny and visual impact people will have when they come into town. At the 2003 Association of Towns Meeting, "Architectural Overlay Districts" were discussed. The concept incorporates the type of requirements needed to set up guidelines for entryways into Towns. The concept does not change the zoning, but imposes additional (design) regulations on any specific or targeted area of a municipality. The Association of Towns seminars brought up the fact that this type of legislation has already been put in place in some areas, and that there is material available to help Towns develop their own "Architectural Overlay Districts". If the committee can accomplish it's goal sooner than six months, the resolution can be passed, and the moratorium will be lifted.
Councilwoman Ackerman stated during the Association of Towns seminar, master plan concepts were also reviewed. She stated there are new tools that municipalities can use in establishing their Master Plans that allow for greater creativity and flexibility, such as "Overlay Districts". Once a Town has a Master Plan in place, a legally binding document, , it will be easier to have developers work within the confines of what the Town has decided is in the best interest of the Town, and this way the Town will be better able to defend it's position if need be. The people, who are working on our Town Master Plan, will be working simultaneously with the Architectural Overlay Districts committee to maintain continuity in their objectives, goals, and final plans. 4th Town Board Meeting 2119103 Page 7
Councilman Jemiolo stated that on a broader scale, Councilman Kaczor has been talking about a "style guide" for the whole town so that developers have architectural guidelines to work with when they propose projects in the Town of Orchard Park. He also stated that depending on what kind of feed back I the Town Board receives regarding this moratorium, the Town Board may look for other ways to accomplish it's goal of the "Overlay Districts".
Councilman Buyer requested that all the information that is obtained by this committee be shared with the Village, as there are more business areas in the Village.
Supervisor Cudney stated that it is very important for all the businesses affected by this proposed moratorium be notified and they understand that there would be no new businesses, additions, remodeling or permits issued during the time of the moratorium. She also stated she is concerned about a moratorium on these businesses at this time. It is important that the Town Board hears from the businesses in this area as they have already been negatively impacted by the NYSDOT road reconstruction and if this moratorium will further hurt them, the Town Board needs to know. Supervisor Cudney requested that an additional requirement be added to the resolution that notification be sent to the properties that will be affected if this moratorium is put in place.
The Building Inspector stated that there are two areas in the business zone that exceed the 350ft. depth mentioned in the resolution. He also wanted to know if this amendment included sign permits. Town Attorney Berkowitz stated that he believes the intent is to be as broad as possible with "no commercial development" at all until the moratorium is lifted. Councilwoman Ackerman concurred with this based on the information she received at the Association of Towns seminars.
The resolution was unanimously adopted. I New Business #8 Recreation Department Staff Appointments for 2002 Winter/Spring Staff 11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve of the appointment to the staff of the Town of Orchard Park Recreation Department, dependent upon the applicant providing the required certifications, as recommended by the Recreation Director.
Name Address Position
Jennifer Loretto 20 Potter Avenue, Orchard Park L
The resolution was unanimously adopted.
New Business #9 Capital Projects Resolutions
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
#1 Closing of the Quaker Lake Terrace Culvert Replacement and Transfers of Funds I WHEREAS, the Town Board has reviewed the Town's capital projects, and 4th Town Board Meeting 2119103 Page 8
WHEREAS, the Town has determined that the purpose of the Quaker Lake Terrace Culvert Replacement (Project H33) has been completed, and
WHEREAS, there is funding remaining in these projects, and
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the closing of the Quaker Lake Terrace Culvert Replacement (Project H33) and be it further
RESOLVED, that the Town Board does hereby authorize the transfer of the remaining funding in such project to the Town-wide Drainage Study Update Capital Project (Project H31).
#2 Town-wide Drainage Study Update
WHEREAS, the Town Board has reviewed and assessed the Town's current and long-term capital needs, and
WHEREAS, the Town has determined that additional funding is required in the Town-wide Drainage Study Update Capital Project (Project H31), and
WHEREAS, the Town wishes to proceed with such project,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the transfers of $18,000.00 from the General Capital Reserve (account H27) to the Town-wide Drainage Study Update Capital Project (Project H31).
#3 Wildwood Bruce Culvert Replacement Project closed and transfer
WHEREAS, the Town Board has reviewed the Town's capital projects, and
WHEREAS, the Town has determined that the purpose of the Wildwood Bruce Culvert Replacement Project (Project H52) has been completed, and
WHEREAS, there is funding remaining in these projects,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the closing of the Wildwood Bruce Culvert Replacement Project (Project H52) and be it further
RESOLVED, that the Town Board does hereby authorize the transfer of the remaining funding in such project to the Drainage Reserve (Project H54).
#4 Skate Board Park
WHEREAS, the Town Board wishes to improve recreational facilities within the Town, and
WHEREAS, the Town wishes to proceed with appropriate planning, design and construction of a skate board park, and 4th Town Board Meeting 2119103 Page 9
WHEREAS, funding for this capital need is available from a grant and is in the Town's Park Land Trust account, I NOW, THEREFORE, be it RESOLVED, that the Town Board does hereby authorize the establishment of a capital project entitled Skate Board Park Project with authorized appropriations of $50,000 and be it further
RESOLVED, that the Town Board does hereby authorize a transfer of $25,000 from the Park Land Trust account H27, to the above referenced project.
#5 South Lane, North Lane & Nieman Dr. Reconstruction Project
WHEREAS, the Town Board wishes to maintain and improve roads within the Town, and
WHEREAS, the Town wishes to proceed with appropriate planning, design and improvements to South Lane, North Lane and Nieman Drive, and
WHEREAS, funding for this capital need is available in the Town's Road Reconstruction Reserve,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the establishment of a capital project entitled South Lane, North Lane and Nieman Drive Reconstruction Project with authorized appropriations of $250,000 and be it further
RESOLVED, that the Town authorizes a transfer of $250,000 from the Road Reconstruction Reserve I (Project H58), to the above referenced project. The resolution was unanimously adopted.
New Business #10 & 11 Refer to the Planning Board & Conservation Board
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby refer to the Planning Board and Conservation Board the following items:
• Ralph Hogg, Route 20 @ California Road and Webster Road. Requesting to construct and operate a seven bay car wash, and
• Woodbridge Construction Group, Inc., 18 acres of vacant land on Taylor Road: Requesting to rezone from R-3 to R-3 Special Exception Use to construct the following: 5 eight-unit condominium buildings with attached garages, 8 eight-unit apartment buildings with no attached garages, 10 detached garage buildings, and a clubhouse including an outdoor pool.
The resolution was unanimously adopted. I 4th Town Board Meeting 2119103 Page 10
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney stated that the Town of Hamburg is holding a Skateboard Roundtable on 2/21103 and she, Councilman Jemiolo and the Recreation Director, Ed Leak, will be attending this event. The Town of Hamburg has recently installed a Skateboard Park and they are going to share their experiences of putting up their park and establishing their rules. She stated that her first Supervisor's Coffee session for this year is on February 22, 2003, at 10:00 AM in the Town Hall basement. Everyone is invited to attend. Supervisor Cudney stated that Joe Campion, the Town Building Inspector, will be retiring on February 28th• She wanted to thank him personally, and for the Town Board and residents, for all his years of excellent and dedicated service. She stated that his job is one of the most difficult in Town Government, as his office has to enforce all the zoning codes which is a huge undertaking. Joe will be sadly missed, and his retirement will leave a large gap in the Building Inspector's department. She congratulated Joe and wished him the best in his retirement and expressed the wish that the next Building Inspector has a sense of humor as good as Joe's.
Councilman Buyer said often times it isn't until you retire that people thank you for all you hard work, but he does thank Joe for his dedication to the Town, wished him luck and said that he has enjoyed working with Joe.
Councilwoman Ackerman said she has enjoyed working with Joe over the years and appreciates his contribution to the development of the code guidelines for the Town. She also acknowledged three new Eagle Scouts: Brian M. O'Donnell, Michael Sasiadek and Peter Rozwood of Troop 590.
Councilwoman Ackerman said that there has one change to the new proposed Ethics Ordinance, regarding the Insurance Brokers Committee. Now the Town Board will be able to vote on the new Ethics Ordinance (a Local Law) at the next meeting. She read the following proposed revised language for § 101-11 into the record:
"The Insurance Broker Committee is subject to regulation No. 87 of the New York State Insurance Department, which makes public record of all income received by brokers from municipalities, or from Insurance Companies insuring municipalities. Any commissions or fees received by any member of the Insurance Brokers Committee from policies of the Town of Orchard Park shall be reported to the Town Board on or before December 3 Ft of each year. Nothing in this Ethics Law of the Town of Orchard Park shall prohibit an Insurance Broker from receiving commissions from an Insurance Company which insures the Town of Orchard Park."
Councilman Jemiolo also congratulated Joe Campion on his retirement.
Town Clerk, Janis Colarusso, wished Joe the best on his retirement. She stated that all offices need to interact with each other in order to accomplish certain tasks, and that Joe has always been there for her, and for her office, whenever they needed him. Joe has a wealth of information, which he freely shared. Janis thanked him and said he will be greatly missed.
Town Attorney Berkowitz congratulated Joe on his retirement and wished him well.
Joe Campion, Building Inspector, stated that he has enjoyed working for the Town, both in the Engineering Department and in the Building Inspector's Department. He said that his present job has been rewarding and enjoyable for the most part. The part that he never enjoyed was when he has to go out and "kick people in the shins" for their unlicensed cars and for out of code signs, but that is part of the job. Joe stated that the Ordinance Book isn't any good if it can't be enforced. He commented to all it has been a pleasure working for the Town and thanked everyone for their good wishes. 4th Town Board Meeting 2119103 Page 11
Police Chief McCune and Town Engineer Wayne Bieler both wished Joe the very best in his retirement and thanked him for all the help he has given them over the years.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #4 following auditing by members ofthe Town Board and in the funds indicated:
General Fund 83,028.34 Part Town Fund 6486.41 Risk Retention 1,146.07 Highway Fund 57,238.98 Special Districts 97,026.00 Trust & Agency 1,132,110.75 Capital Fund 45,659.22
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorize to receive and file the following Communications: Adelphia Cable: change increase in cable rates, and Town of Boston holding a Public Hearing March 5, 2003 at 7:45 PM to hear all interested persons for or against a Special Permit for Co-location to a Telecommunication Facility at 6405 Ward Road. The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Reports: Building Inspector's Monthly Report for January 2003, and the Control of Animals 2002 Yearly Report.
The resolution was unanimously adopted.
BUSINESS FROM THE FLOOR
Mary Ann Carr, 3355 North Buffalo Street: Ms. Carr talked about how severely the road construction, and 9111 damaged her new retail shop and her mail order business. Recently she has used a temporary sign- board to attract new business, and it has been very successful. The only problem is that temporary signs are not allowed by the current code and she would like to see that part of the code revised to help the local businesses. She would like the Town Board to look at ways to help the small local businesses survive.
Councilman Buyer stated that for the last two years the Town Board has encouraged people to patronize the businesses that were affected by the North Buffalo Road reconstruction, but now, maybe the Town Board should look for some creative ways to solve some of the problems incurred by the local businesses. Mr. Buyer said he would like the Town Attorney to look into legislation, that would have a sunset clause, for temporary relief to help these people get back on their feet following the road construction. 4th Town Board Meeting 2119103 Page 12
Supervisor Cudney asked Ms. Carr if this is the kind of legislation she is looking for.? Ms. Carr said that it would be good for now, but she would like to see some permanent changes made for small free standing signs. Supervisor Cudney said that maybe the Architectural Review Committee may be able to incorporate this idea into their review.
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn stated that he could not understand going outside our area for engineering input on the Master Plan. He would like to see Orchard Park retain its Quaker identity. Mr. Ashburn also stated that the area behind Tops, where Bierworth-Riedman has petitioned for a zoning change to build a large apartment complex, was looked at two years ago by the Zoning Commission, and it was suggested that the area in question remain business zoned to contain businesses in a central area. He also questioned the viability of a master plan because, as people come in and purchase a piece of land that does not conform to what they need, they then go to the Zoning Board of Appeals to change to the zoning to what they want, thereby negating the master plan's intent. The Town Board should take the ZBA to task over this. Mr. Ashburn also feels that there is not enough recreational facilities for the seniors.
Eric Matwijow, 4155 Abbott Road: Mr. Matwijow handed out a proposal he put together to the Town Board regarding parking at the Stadium events and sanitary facilities. He feels that anyone who charges to park should have sanitary facilities for their patrons. The Building Inspector stated that he agreed with Mr. Matwijow.
Alan Vox, 66 Greenlake Drive: Mr. Y ox, who runs a business on North Buffalo St., said he would like to see some help with the temporary signage issue and give some relief to the small businesses. Mr. Yox said he felt the sidewalks were a good addition.
There being no further business from the floor, on motion by Councilman Buyer, seconded by Councilman Jemiolo, the meeting was adjourned at 8:22 PM (local time).