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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 4th day of October, 1995 at 8:00 P.M.(local time) and the Pledge of Allegiance was rendered.
The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Dennis J. Mill supervisor
John J. Hills Councilman
Paul D. Barnas Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
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Town Clerk Town Attorney Building Inspector Chief of Police Supt. of Highways Town Engineer |
Janis A. Colarusso
Leonard Berkowitz
Marvin Ginsberg
Robert C. Henning
Ronald A. Geitter
Michael R. Merritt
1)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 8/16/95 and 9/6/95 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.
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Aye Nay x X x |
D.J. Mill
J.J. Mills
P,.D. Barnas
D.M. Buyer
N.W. Ackerman
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
PUBLIC HEARING #1
At 8:00 P.M. (local time), the advertised time, the Supervisor called for the Public Hearing for citizens input regarding the use of Federal Community Development Funds in the Town of orchard Park.
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... The affidavit is entered into and attached to these minutes.
Supervisor Mill explained, the purpose of the hearing is to receive any suggestions from the public regarding the use of Community Development Funds in our community. The Town is part of the Erie County Consortium and we compete for these funds, which is approximately $930,000.00 this year. The maxiimim amount of money that can be awarded is $90,000.00 per project.
Town Engineer Michael Merritt explained some of the qualifying projects that are a possibility: Rural Transit Service; Purchase Van for Rural Transit Service; O.P. Library Handicapped Access; O.P. Senior Citizens Center furnishings and equipment; Iroquois Dr. reconstruction; Windom Ave. reconstruction; Burman Recreation area improvement; Summit Ave. restoration; California Rd. restoration; California ‑ Lake Ditch rehabilitation.
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Supervisor Mill pointed out that those streets identified as possible projects, are not just any Town owned streets needing repair, but are streets that are in a qualifying, target area.
PROPONENTS
.No one spoke.
OPPONENTS
No one spoke.
2)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 use of Community Development Funds be and is hereby closed at 8:16 P.M..
Aye Nay
D.J. Mill x
J.J. Mills X
P.D. Barnas x
D.M. Buyer x
N.W. Ackerman x
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill stated that the Board would identify the projects from the list and decide which ones will be submitted. Mr. Mill pointed out that the building is owned by the Town and any modifications to said building will be the Town's responsibility and the operation and staffing of the library is handled through the Central Library System.
Councilwoman Ackerman identified in the audience Miss Laubecker, the Librarian, and asked her if she had complied any usage data indicating the age groups using the orchard Park Library and could she make that information available as we could use that information on the grant application along with signatures that will accompany the application. Mrs. Ackerman also stated that there is a petition of 327 signatures to be appended to the application indicating community support for the library renovation.
PUBLIC HEARING #2
At 8:00 P.M.(local time), 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 to allow for an additional Zone of Senior Residential Development.
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. The affidavit and amendment to the Zoning Ordinance are entered into and attached to these minutes.
Supervisor Mill explained that this is a proposed change to the Town's ordinances which would provide another zone that would identify a senior residential district for senior housing.
Town Attorney Leonard Berkowitz explained the ordinance would provide for the Town Board to have the authority to designate certain areas senior residential. Those would be limited to R‑3 and R‑4 zones being designated senior residential. This would provide for a use providing for living space of less expense to senior citizen individual over the age of sixty (60) years.
PROPONENTS
I)Millie Goodenough, Past President Hillcrest Seniors, Current Tour Director and Vice President of the Senior Council:
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Stated that for nine years she has been before the Town Board regarding the very serious need for senior housing. Too many have had to move out of orchard Park. At this time, Mrs. Goodenough asked those from the Hillcrest Senior
Group to stand up and be recognized. Several letters from long standing orchard Park senior citizens were presented and read aloud in support of a senior
residential zone. The question was asked if there was a map showing the senior zone.
Supervisor Mill explained this public hearing is merely to establish a senior district zone as it exists in our ordinance. It does not identify any particular area. The Board also would like to see senior housing come to Orchard Park.
We will take all the comments heard this evening and any suggested changes to the ordinance as written, review them and possibly at the next meeting make our decision, unless it becomes necessary to hold another public hearing due to
major changes
2)Donald Jacobi, 35 Larned Lane, Vice President of the Orchard Park Senior Citizens and President of the Senior Council: Asked the Orchard Park Senior Citizens Group to stand up and be recognized. We strongly recommend the Town Board adopt this ordinance and get the senior housing on its way as soon as possible.
3)John Bernard, submitted some notes from Ed Martindale regarding the Senior Residential housing.
The question was asked, Why has it taken orchard Park so long? Supervisor Mill responded that they were aware of the need. Developers, those who develop in this area of senior housing, have been encouraged to come to orchard Park. The problem has been finding property that is priced in the range that is allowed or even affordable. There was some discussion regarding lot size.
Councilman Buyer commented that Councilman Hills and Councilwoman Ackerman and himself have been attending Senior Council Meetings for several years and the Board is very aware of the need for senior housing in Orchard Park. There are a couple of things to be considered regarding the ability for the development of senior housing: the cost of land, over which the Board has no control; and the ability of a private operator to make a profit, which is where the zoning ordinance can play some limited role. The purpose of this ordinance proposal is to lessen some of the restrictions that might ordinarily be in place in a standard residential zoning (RI, R2, R3 or R4).
OPPONENTS
No one spoke.
3)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Public Hearing in the matter of the adoption of an amendment to the Zoning Ordinance for Senior Residential Development be and is hereby closed at 8:35 P.M. (local time).
Before the vote was taken, Councilman mills pointed out that there were two Items not brought up. Depending on where this site is located it could be controversial with the residents in the area. And, if we institute this ordinance and have a developer come in, it does not guarantee that any one in this town will get into that particular development. It comes on a need first basis. There was discussion among members of the Board. If government monies are used to development that it is incumbent upon that developer to rent/sell that property to people of that jurisdiction. once the ordinance is in place most of the questions can be
answered.
Aye Nay
D.J. Mill x
J.J. mills X
P.D. Barnas X
D.M. Buyer x
N.W. Ackerman x
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
old Business #1 ‑ IMC Moog Controls ‑ Building Permit to construct in the new orchard Park Commerce Center.
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Supervisor Mill stated that this item is removed from tonight's agenda and called upon Town Engineer Michael Merritt to give an update on the reasons for this.
Mr. Merritt explained that there were still a number of site plan deficiencies with their actual plan that was recommended by the Planning Board: the temporary access off of Milestrip Road, different size for drainage pipes, etc. It was also determined that a permit should not be issued for this project until the public improvement permit is approved for the road, sewer and water lines that will provide access for that site as it is not on a dedicated highway. It is anticipated that this will be done in the next few weeks.
old Business #2 (not on agenda) ‑ Award bid for Salt Storage Building.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, bids were received and opened on the 3rd day of October, 1995 for the construction of a 50' x 561 x 40' high salt storage building to be located on the Highway Dept. property
NOW, THEREFORE be it
RESOLVED, that the Town Board be and is hereby authorized to award the bid for the construction of the Town's salt storage building to be located on the South Taylor Road Town Highway property, to the Park Lane Construction & Development Corp., 10269 Old Rt 31 W, Clyde, New York, they being the lowest responsible bidder thereof, and be it further
RESOLVED, the Town Board does hereby include in the awarding of said bid ?'alternate one" which is the addition of a lean‑to to be constructed on the side of this structure which adds some cost to the overall price of the building for a total amount of $108,824.00, and be it further
RESOLVED, the Town Board does hereby authorize the transfer of $50,000.00 from A9010.810 (N.Y.S. Employment Retirement) to A5132.200 (salt storage building line item) thereby providing a total of $120,000.00 for the construction and the required interior work , such as lighting etc., and be it further
RESOLVED that the Town Board be and is hereby authorized to issue a Negative SEQR Declaration for this unlisted action, as recommended by the Town Engineer.
Before the vote, Highway Superintendent Ronald Geitter commented that the site is pretty much prepared and the construction can start and the building can be completed by the first of December.
Supervisor Mill stated that the Town is required to have a facility to store salt so that it Is not stored outside allowing runoff into streams and ground water, causing contamination. our Engineering Dept. prepared the "specs" and the Highway work force has prepared the site, cutting down on the cost factor.
Aye Nay
D.J. Mill x
J.J. mills X
P.D. Barnas X
D.M. Buyer X
N.W. Ackerman X
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 Hillcrest Cemetery, Abbott Rd. ‑ new Office Building.
5)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 refer to the Planning Board and Conservation Board the request from Hillcrest Cemetery, S5252 Abbott Road, for a building permit to construct a new office building approximately 1,350 sq.ft. east of Abbott Road near the location of the mausoleum.
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Aye Nay
D.J. Mill x
J.J. Mills x
P.D. Barnas x
D.M. Buyer x
N.W. Ackerman x
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 Recreation Staff Appointments.
6)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 the following resident appointment to the 1995‑1996 Fall/Win ter/ Spring Recreation Staff as recommended by the Recreation Director:
Andy Adelman 14 Eagle Heights Dir. $5.35/hr
Aye Nay
D.J. Mill x
J.J. Mills x
P.D. Barnas x
D.M. Buyer x
N.W. Ackerman x
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 Approve P.I.P #242 Eagle Heights Subdv., Part 1, Phase 2.
7)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, an application for a Public Improvement Permit to construct Part I, Phase 2 of the Eagle Heights West Subdivision has been received, and
WHEREAS, the plans and specifications for said proposed subdivision have been reviewed and are in compliance with current Town specifications and all necessary fees and bonds have been submitted
NOW, THEREFORE, be it
RESOLVED, that the Town Board be and is hereby authorized to approve Public Improvement Permit #242 for the construction of Part I, Phase 2 of the Eagle Heights West Subdivision, as recommended by the Town Engineer.
Aye Nay
D.J. Mill x
J.J. mills x
P.D. Barnas x
D.M. Buyer x
N.W. Ackerman x
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS AND DEPARTMENT HEADS
Supervisor Mill reported a group of Mayors and Supervisors of the Towns representing: Lackawanna, Hamburg, Village of Orchard Park, Town of Orchard Park, Town of Aurora, Town of Colden, Town of Concord, Village of Springville, Town of Ashford Junction, Town of Ellicottville and the Village of Ellicottville met together for a second time to coordinate efforts to oppose the total abandonment of the B & P Railroad thru Orchard Park and southbound thru the above communities. No action could be taken until a "Notice of Abandonment" was made. A notice has now appeared in the Springville Journal. Now, we can coordinate efforts in opposing this abandonment.
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8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Buffalo & Pittsburgh Railroad is proposing to abandon its current railroad known as the Buffalo line between milepost 4.0 just south of the Buffalo line and milepost 45.2 at Ashford Junction, and
WHEREAS, this section of railroad has served the Town of Orchard Park since 1882
along with many other communities to the north and south of Orchard Park, and
WHEREAS, many businesses rely on this railroad for delivery of materials important to each of the businesses along the rail line, and
WHEREAS, near four million dollars have been spent just in Orchard Park over the past few years to rebuild two rail bridges over Abbott Road and Route 20 and a viaduct over Route 20A, and
WHEREAS, there are private groups willing to negotiate a sale of this section of railroad and continue the freight service and add passenger service, and
WHEREAS, all communities affected by this proposal of abandonment by the Buffalo & Pittsburgh Railroad have formed together a group to oppose the total abandonment proposal to a private group that will continue to operate the railroad
NOW, THEREFORE, be it
RESOLVED that the Town Board of the Town of Orchard Park, by way of this resolution strongly opposes the total abandonment of the Buffalo & Pittsburgh Railroad between milepost 4.0 and milepost 45.2, and the Town Board recommends that the officers of the Buffalo & Pittsburgh Railroad seriously negotiate the sale of the railroad to the group or groups that have expressed interest in its purchase. Therefore, quaranteeing the continuing operation of a railroad that has serviced our community and many other communities for over one hundred and ten years.
Before the vote was taken, Supervisor Mill stated that this is important to our community. There are businesses in Orchard Park that rely upon this railroad for deliveries. The Western New York Railroad Historical Society now own the Orchard Park Depot and there are future plans for that facility and the property nearby.
Councilman Buyer commented on the need for multiple forms of transportation for the Industrial/Business Sector and the loss to the Town should this be abandoned.
Aye Nay
D.J. Mill x
J.J. Mills x
P.D. Barnas x
D.M. Buyer x
N.W. Ackerman x
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
At this time Bob Goodenough was recognized in the audience. Mr. Goodenough commented on the millions of dollars the State just spent on improving rail crossings and wondered if the State had done a feasibility study before spending all that money.
Supervisor Mill stated that this was a real concern as there have been situations where a very costly project was undertaken only to have it left idle a year or two later due to the abandonment of a rail line. Hopefully this resolution will help, as well as opposing resolutions from the other communities.
Councilwoman Ackerman I)reported the United Way project Is under way and 2) expressed her thanks to all the departments In the building for their cooperation during the various student tours throughout the building.
Highway Superintendent Ronald Geitter commented that over the past several years the Town Highway Dept., thru the efforts of the community Development Fund, has rehabilitated several streets in the targeted area of our town. When this grant application is submitted, Summit Avenue Is in great need of rehabilitation.
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9)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 #19, following auditing by members of the Town Board, and in the funds indicated:
$ 98,291.09 GENERAL FUND
$ 3,859.23 PART TOWN FUND
$ 16,725.18 HIGHWAY FUND
$ 46,322.88 SPECIAL DISTRICTS FUND
$ 53,743.89 TRUST & AGENCY FUND
$ 33,593.90 CAPITAL FUND
$ 7,000.00 RISK RETENTION
Aye Nay
D.J. Mill x
J.J. Mills x
P.D. Barnas x
D.M. Buyer x
N.W. Ackerman x
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS
ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to receive and file the Building Permits and Building Inspector's Monthly Report for September 1995.
Aye Nay
D.J. Mill x
J.J. Mills x
P.D. Barnas x
D.M. Buyer x
N.W. Ackerman x
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, on motion of Councilman Barnas, seconded by Councilman Buyer, the meeting was adjourned at 9:06 PM EDT.
UNANIMOUSLY ADOPTED
A.
Colarusso
Town Clerk
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