A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, New York was held at the Municipal Building at Orchard Park, New York on the 18th day of January, 1995 at 8:00 P.M. EST and there were
PRESENT AT ROLL CALL: Dennis J. Mill Supervisor
John J. Mills Councilman
Paul D. Barnas Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Robert C. Henning Chief of Police
Michael R. Merritt Town Engineer
Robert W. Sweet Building Inspector
Ronald A. Geitter Highway Superintendent
ABSENT: Michael R. Merritt Town Engineer
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
1) APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the Organizational Meeting of the Town Board, held on 1/1/95, as presented by the Town Clerk, be and are hereby approved, and be it further
RESOLVED, that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
PUBLIC HEARING
At 8:00 P.M. EST, the advertised time, the Supervisor called for the public hearing to hear all interested parties an citizens for or against the adoption of an amendment to the Zoning Ordinance of Th Town of Orchard Park, which amendment provides as follows:
To rezone 3.3 acres of vacant property located on the north side of Southwestern Blvd., from B-2 to R-3 as petitioned by Raymond Dusza.
Affidavits of Publication and Posting of the Legal Notice were presented, read aloud and filed with the Town Board by the Town Clerk. The affidavit is entered into and attached to these minutes.
Supervisor Mill explained the purpose of the rezoning request.
PROPONENTS:
1. Paul Michalek, Attorney for the petitioner provided the Board with copies of the survey for the proposed subdivision showing ten proposed lots . He stated the subdivision borders West Seneca and there are difficulties with the Town of West Seneca and sewer tap-ins. In order to obtain the anticipated approval from that Town, it was agreed any development of the subdivision would be limited to ten lots.
2. Raymond Dusza, Petitioner explained that by rezoning and making it all residential one family dwelling, it OS possible that West Seneca will give approval for sewer tap-in as they have a moratorium on commercial zoning. Area residents are in favor of this project as they don’t want any “commercial” activity. There will be no egresses or exits onto Southwestern Blvd.
OPPONENTS:
1. Mary Jane Eppers, 84 Orchard Terrace, Village of Orchard Park - Wondered what school district this would be in and stated it is believed part is West Seneca and part is Orchard Park. If this adds to Orchard Park’s District she wasn’t in favor.
2. Charles Holbrook, 12 German Drive, West Seneca. Suggested an alternative for that area - Senior Citizen Housing.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the public hearing in the matter of the rezoning petition of Raymond Dusza, be and is hereby closed at 8:23 P.M. EST.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, following due and timely notice, a public hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, was conducted at the Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 19th day of January 1995 at which all interested parties were given an opportunity to be heard, which amendment provides as follows:
to rezone vacant property located on the north side of Southwestern Blvd. east side of Westgate Blvd., east side of Westgate Blvd. a portion of land, 3.3 acres, from B-2 to R-3 as requested by the petitioner Raymond Dusza, and
WHEREAS, no recommendation from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and
WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and
WHEREAS, the Town Board did declare a Negative SEQR Declaration
NOW, THEREFORE, be it
RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning a portion of this land from B-2 to R-3 all tract or parcel of land bounded and described 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 Number four hundred eight (408), Township ten (10), Range seven (7) of the Buffalo Creek Reservation, bounded and described as follows:
BEGINNING at the intersection of the centerline of Southwestern Blvd. With the centerline of Michael Road; thence North eighty-nine degrees, forty-seven minutes and forty-five seconds west, along said centerline of Michael Road, seventy-eighty and ninety-two hundredths (78.92) feet to its intersection with the centerline of Westgate Blvd; thence North zero degrees, twelve minutes and fifteen seconds East along said centerline of Westgate Blvd., three hundred eighty and forty-seven hundredths (380.47) feet to a point=; thence North fifty-two degrees forty-four minutes and twenty-five seconds East along a line parallel with the centerline of Southwestern Boulevard and three hundred fifty feet northwesterly therefrom at right angles, six hundred eight and sixty hundredths (608.60) feet to a point in the west line of lands conveyed to Saint John Vianney Roman Catholic Church Society of Orchard Park, NY by deed recorded in Erie County Clerk’s Office under liber 6571, page 427 thence South zero degrees, twelve minutes and fifteen seconds West, and along said west line of lands conveyed under liber 6571, page 427, four hundred and ninety-five hundredths (440.90) feet to point in the centerline of Southwestern Blvd; thence South fifty-two degrees, forty-four minutes and twenty-five seconds West along said centerline of Southwestern Blvd., five hundred nine and seventeen hundredths (509.17) feet to the point or place of beginning containing 3,383 acres of land, more or less, exclusive of that portion lying within the highway bounds of Southwestern Boulevard, Michael Rd., Westgate Blvd. And Cherokee Road.
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 Sections 264 and 265 of the Town Law.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
PUBLIC HEARING
At 8:00 P.M. EST, the advertised time, the Supervisor called for the public hearing to hear all interested parties and citizens for or against the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:
The Ordinance Amendment shall be known as the “Mobile Home Neighborhood District” and shall provide for planned mobile residential developments and is entered into and attached to these minutes.
Affidavits of Publication an Posting of the Legal Notice were presented, read aloud and filed with the Town Board by the Town Clerk. The affidavit is entered into and attached to these minutes.
Supervisor Mill clarified the purpose of this public hearing, which is solely for the Mobile Home Ordinance and not to review where mobile homes should be placed or any particulars of specifics of a mobile home park..
PROPONENTS
1. Mr. Bus Pfiel, 5150 Genesee Street, Bowmansville, NY - Thank you for putting on this public hearing for the mobile home ordinance.
2. Mr. Robin Pfiel, 25 Simy Rd., Lancaster, NY - commented on some of the “myths” of the mobile home industry concerning: appreciation, number of children and pets, over crowding and fire traps. Submitted a written list of some major items he feels need to be adjusted/corrected: should not be a special exception use requirement; the application should not be reverse of that for subdivision development with regards to the Planning Board referral; the perimeter buffer zone is excessive; the maximum lot cover is low; and the formula for the placement of decorative trees should be reviewed.
Mr. Pfeil made a slide presentation.
3. Mr. John Eckis, 10729 Warner Golf Rd., Sardinia, NY owner of company called Payment Plans a financial services company in Elma. We finance both manufactured and site built homes. Described manufactured homes in comparison with site manufactured.
4. Jack Fox, 6095 Newton Rd., Orchard Park, NY - If this goes through he is still interested in presenting plans for a mobile home park.
5. Samuel Tadio, 30 Cloverleaf Dr., Depew, NY - Representative from the New York State Manufactured Housing Association based in Albany, New York and is a Vice President and works very closely with the Division of Housing of the State of New York. We are very interested in promoting nice manufactured housing communities throughout the State and would like to see Orchard Park pass a suitable ordinance. My office in Albany offers any services, advice or research you might need.
6. John King, 203 Garfield Ave., Syracuse, NY - Stated he is about to be transferred to the Orchard Park area and is very interested in manufactured homes, affordable type housing.
7. Jack Michael Fox, 6191 Newton Rd., Orchard Park, NY - Stated he was under the impression this would be limited to an R-4 district, 1} has this been changed ? and 2} are there R-4 areas of the required size according to the ordinance ?
Town Attorney Berkowitz replied, 1} no, it has not been changed that is still the intent and 2 } yes there are several areas meeting that requirement.
OPPONENTS
1. Mildred Goodenough, 6029 Quaker Hollow Rd., Orchard Park, NY past President of Hillcrest Seniors, Vice President of the Senior Council - The Seniors have been approached and this has been pushed as “low income” housing. This statement should be changed. No one in a $400 - $500 monthly income could afford this. If there is so much trouble getting this approved, why not put low income housing in part of it ?
2. Alex Nicoloff, 6907 Cole Rd., Orchard Park, NY - Asked if there was going to be rental or owned, or own the trailer and rent the land ? Also, would the cost continue to rise on the rental ?
Supervisor Mill stated the owner would own the structure and rent the space on the property. Costs do rise with the appropriate cost of maintenance and such of infrastructure.
3. Henry Dinder, 4270 Abbott Rd., Orchard Park, NY - Read a prepared statement to the Board expressing his concerns and opposition to this ordinance. He also played a tape which was a health warning notice read from a mobile home manufacture’s literature, usually after the mobile home is purchased, warning of formaldehyde and other contaminants, ventilation options, air-conditioning, etc..
4. Darlene Williams, 4621 California Rd., Orchard Park, NY - Asked how many homes would be allowed to be built on a parcel ?
Town Attorney Berkowitz replied, approximately four per acre.
5. Marlie Smith, 4611 California Rd., Orchard Park, NY - Voiced her opposition to this ordinance. I would not
want that many homes in my back yard as it would diminish the property value.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the public hearing in the matter of the Ordinance Amendment regarding the “ Mobile Home Neighborhood District” be and is hereby closed at 8:57 P.M. EST.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill stated that the Board will take under consideration all Th comments made this evening and the petitioners presentation and pre-filed particulars to the ordinance by the developer. If there are enough changes required, it would be necessary to hold another public hearing. He thanked all those involved in the town for getting this ordinance to this point in time.
Old Business #1 - E.F. Burke Co., Taylor Rd. Vacant land rezone - set hearing.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to schedule a public hearing for February 15, 1995 at 8:00 P.M. EST as petitioned by E.F. Burke Co., to rezone from B-1 to B-3, Vacant land located at 6400 Taylor Road for the purpose of a Day Care Center. The Planning Board recommended denial 1/11/95.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - Recreation Dept. Staff appointment.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to approve the following appointment to the 1994/1995 Fall-Winter-Spring Recreation Staff as recommended by the Recreation Director:
Jennifer Quinn 275 Indepence Dr. Guard $5.35/hr.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - Ronco Equipment Maintenance Agreement..
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorized the Supervisor to sign the equipment maintenance agreement with Ronco Communications.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - (not on agenda) - County Summer Youth Worksite Agreement.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorized the Supervisor to sign the worksite agreement with Erie County Human Resource Corp. for summer youth employment education.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to approve the following transfer as recommended by the Town Engineer:
Sewer & Water Dept.
$47.30 from: 001.8346.000.440 Equipment Rental
to 001.8346.000.591 Sewer Underground Locating Service
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, Richard Geitter will be retiring as Deputy Highway Superintendent on 2/28/95.
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to appoint Paul J. Rappl to the position of Deputy Superintendent of Highways effective 2/28/95 as recommended by the Highway Superintendent.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
DEPARTMENT HEADS
Councilman Mills commented on an article in our local newspaper concerning the corridors approaching the entrance to Orchard Park, in particular the matter of the storage buildings. He suggested we recommend the Planning and Zoning Boards give the Town Board some feed back on the approaches to the Town, so we can decide if we should do some additional rezoning or what avenues we should pursue.
Councilman Barnas 1) commented on the Building Inspector’s Annual Report for 1994 which shows that the Town of Orchard Park is still a very desirable place for people to come into and build and 2) Reported that he and Councilwoman Ackerman attended a Recycling meeting. We are trying to improve and broaden the selection of materials recycled in Orchard Park. The program is working well and we are starting to renegotiate our contract and will rebid.
Councilman Buyer reported on the Tri-Board meeting that took place in December. The School District requested a few items they would like included in the discussions with Jones Intercable TV Franchise Agreement. All of the items with which the school was concerned were resolved satisfactorily. One of the ideas asked of Jones was the cost feasibility of interconnecting all the school buildings and the Baker road district office and the bus garage; leading up to the possibility one day that each other aspects of local government could connect into it and it would all be interconnected thereby creating a mini Orchard Park Internet for exchange of information.
Councilwoman Ackerman reported on the “NEST” Meeting (the Northeast Southtowns Solid Waste Annual Organization) that was held this month. The first part of the meeting was devoted to the re-enactment of the assessment. The second part was devoted to the comprehensive recycling analysis.
There was further discussion between Councilman Buyer, Councilman Barnas and Councilwoman Ackerman and Mr. Nicoloff concerning the recycling contract and also the number of pick-ups and the best utilization of the system.
Highway Superintendent Ronald Geitter stated that he had appointed Richard Geitter as his Deputy about twelve years ago. There has never been any more loyalty to both himself and the Town than Dick has shown. The fact that we are brothers has never stood in the way of job performance or professionalism.
Supervisor Mill echoed Ron Geitter’s sentiments and certainly Dick has availed himself when ever he was needed and will be missed. We, the Board, wish him well on his retirement.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, the Engineering Department has previously sponsored student interns which has proven to be a mutually beneficial program, and
WHEREAS, the internship consists of the student working at the Municipal Center for 120 hours during which time he will be introduced to entry level engineering assignments and projects that a suburban town entails
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize Jeffrey A. Parrett, 15 Sussex, Bethpage, NY to work for 120 hours as an intern in the Engineering Department at no cost to the Town beginning January 1995.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to approve all entries on Warrant #2, following auditing by members of the Town Board and in the funds indicated:
Warrant #2
GENERAL FUND $349,162.08
PART TOWN FUND $ 1,494.06
HIGHWAY FUND $ 36,419.33
SPECIAL DISTRICTS FUND $236,274.48
TRUST & AGENCY FUND $ 51,580.96
CAPITAL FUND $ 6,583.17
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to receive and file the reports as entered on the agenda:
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
1. Pat Schroeder, 6405 Powers Rd. - Voiced her concerns and frustration concerning Father Baker Manor, which opened June 1994, and their sewer odors. Since August these odors have emanated from their manhole and is just terrible. She has been in touch with Mr. Merritt the Town Engineer and John Wilson from the Engineering Department, who are not getting cooperation from the nursing home administration. Dropping additives in the area only masks the problem. It is getting worse. The line is very horizontal which causes splashing against the wall of the sewer. It needs an elbow joint or something to minimize the splashing and encourage a more direct spill into the sewer.
There was discussion between Mrs. Schroeder, Councilman Buyer who stated he would talk with Mr. Merritt and Supervisor Mill who stated he thought the problem was being resolved and will definitely speak with the Father Baker Manor Administrator.
2. John Curran, 2 Concord Dr. - Made two suggestions 1} that “Business From The Floor” might be moved up earlier on the agenda before reports or communications instead of at the very end and 2} when there is a public hearing and the adoption vote is at a later meeting, perhaps those people who spoke at the public hearing could be notified when it finally comes up for a vote.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman the meeting was adjourned at 9:32 P.M. EST.
UNANIMOUSLY ADOPTED
Respectfully Submitted
Janis A. Colarusso
Orchard Park Town Clerk