A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County New York, was held at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 20th day of August, 1997 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. Mills Councilman
Paul D. Barnas Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Janis A Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph Campion Building Inspector
Robert C. Henning Police Chief
Ronald Geitter Superintendent of Highways Michael R. Merritt Town Engineer
Old Business #1 - Quaker Crossing Retail Center: Refer to Planning Board.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, the bank tenant of Quaker Crossing Retail Center has an approved site plan, and would like to enlarge the building on the original site plan from 3,500 S.F. to 3,720 S.F.
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to refer this change request to the Planning Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Schedule Public Hearing for John Klass: Rezone vacant land/Ellicott Road.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS TO WIT.
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing for John Klass to rezone vacant land on the east side of Ellicott Road from R-1 to B-2, on September 17, 1997 at 8 P.M. (Local Time) .The Planning Board, 8/13/97, recommended denial of this request., and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - J. B. Muirhead, 115 Mid County Drive: Building Permit Request.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the Building Permit request of J. B. Muirhead, 115 Mid County Drive, as recommended by the Planning Board 8/13/97 with the following stipulations:
1) This is an Unlisted SEQR action based on the submitted Short EAF, and therefore a Negative SEQRA Declaration. 2) The Conservation Board’s approved landscape plans which includes 47% green space. 3) The site lighting plan is limited to no new fixtures or poles as indicated on the approved site plan. 4) No outside storage or display is permitted. 5) Dumpsters as shown shall be screened along with any additional dumpsters on the site all of which shall be screened in accordance with Section 14-25 of the Town Code. 6) This project has received the Town Engineering approval 7) A landscape bond of $3,500 or a certified check in the amount of $1750.00 is to be presented to the Town Clerk.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - Orchard Park Crop Walk.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT;
RESOLVED, that the Town Board is hereby authorized to approve the request of the Crop Walk Committee to hold the Crop Walk on Sunday, September 28, 1997 at 1:00 P.M.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - Donald J. Schutt: Requesting a Building Permit.
5) 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 authorized to refer the request of Donald J. Schutt, to build a single story frame structure on vacant land north of Thorn Avenue, to the Planning and Conservation Boards.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - Town Assessor’s: Request to attend Assessment Administration Meeting.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS TO WIT;
RESOLVED, that the Town Board is hereby authorized to approve the request from A. Terrence Campbell, Town Assessor, to attend the Annual Meeting on Assessment Administration to be held at Kiamesha N.Y. on October 5 through October 8, 1997, as provided in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - Traffic Order requests: Refer to the Public Safety Committee.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT;
RESOLVED, that the Town Board is hereby authorized to refer to the Public Safety Committee the following requests: 1) a request for a 3-way stop sign at Falconcrest Lane & Hunters Ridge, and 2) a request for a parking ban on both sides of the road for Milestrip Road and Hart Place, from Rt. 20 to Orchard Park Road.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
Elected Officials & Department Heads
Supervisor Mill stated there were some tests taken of the water at Green Lake which resulted in the Town having to shut down the swimming until there were additional samples taken and tested. It is felt that the water fowl that live in that area contribute to this problem. The ducks and geese also cause problems with the shore line and the docks. Supervisor Mill requested that people do not feed these animals, as feeding them encourages them to stay around longer, and it is against DEC regulations to feed wild water fowl.
Supervisor Mill said the Erie County Highway Department is opening bids on September 4, 1997 for a road overlay project for Freeman Road between Route 20A and Jewett-Holmwood Road. It is hoped that the project will be completed this year.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, the present Comprehensive Master Plan for the Town of Orchard Park is in excess of 10 years old, and
WHEREAS, there are no present plans for the review and updating of said Comprehensive Master Plan
NOW, THEREFORE, be it
RESOLVED, that the Orchard Park Town Board appoint a Zoning Commission to review the present Comprehensive Master Plan for the Town of Orchard Park, to recommend appropriate modifications of said Comprehensive Master Plan, and to determine whether or not a Building and Planning Moratorium is appropriate for the period during which the commission to be formed conducts its’ business and the Town Board reviews that Commissions recommendations.
Councilman Mills said the State recommends a review of the zoning ordinances every ten (10) years and it has been twelve (12) years since our last review. Councilman Mills would like to follow the same format that was followed 12 years ago where the citizens from different quadrants of the town are part of the commission.
Supervisor Mill asked Councilman Mills and Councilwoman Ackerman to serve as liaisons to the commission for the Town Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Barnas is going to set up a meeting with the Milestrip Road residents and Jim Ball Pontiac to resolve the problem regarding the deck that was allowed to be built in the established “green space buffer zone”.
Councilman Buyer hopes that the Zoning Commission will also bring in professional expertise to help assess the town’s needs as well as establishing long term objectives.
Councilman Buyer stated that there was a Building Permit issued to Quaker Crossing for a Theater/Amusement Complex that did not go through the usual approval process. There have been changes in all but two (2) of the proposed retail units from the originally approved site plan. Good planning procedures would have been to submit the revised plans to the Planning Board and Town Board for review as other projects are required to do.
Councilwoman Ackerman reported on the Household Hazardous Waste Day, it was a very effective and successful day. She also wanted to thank the Village for the additional display of flowers in the Village, it looks beautiful.
The Building Inspector announced that the condemned house on Scherff Road was going to be burned by the Hillcrest Fire Company on Saturday, August 23, 1997.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the request by the Chief of Police to send four (4) police officers to Ft. Drum for the Annual Tri-Star Training for the week of September 14 to September 19, 1997, as recommended by the Police Chief and as provided for in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Highway Superintendent Geitter noted that since the Highway Department had removed some trees at the corner of Michael and Angle Roads, car are now going faster because of increased vision. He recommends that the Public Safety Committee research putting a three-way stop sign at that corner and forward their suggestions to the County.
10)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, on August 18, 1997 a final inspection was conducted of the public improvements constructed on Carriage Drive. All work has been completed per Town of Orchard Park specifications and standards, and
WHEREAS, all required easements and approvals have been received and a maintenance bond in the amount of $7,000.00 has been submitted
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements installed on Carriage Drive, PIP #97-01 and authorize the Town Clerk to release the performance security in the amount of $1,400.00, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on August 18, 1997 a final inspection was conducted of the public improvements constructed on Westgage Blvd. All work has been completed per Town of Orchard Park specifications and standards, and
WHEREAS, all the required easements and approvals have been received. A maintenance bond in the amount of $9,000.00 has been submitted.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements installed on Westgage Blvd., PIP #97-06 and authorize the Town Clerk to release the performance security in the amount of $1,800.00, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on August 18, 1997 a final inspection was conducted of the public improvements constructed in the Fairways Part 3 Subdivision. All work has been completed per Town of Orchard Park specifications and standards with the exception of the street lighting, and
WHEREAS, all the required deed descriptions and approvals have been received. A maintenance bond in the amount of $125,000.00 has been submitted as has a check in the amount of $6,000.00 to be held in escrow for the street lighting, and
WHEREAS, due to concerns of possible siltation of an existing pond in the Meadows of Highland Townhouse complex, the developer has agreed to a deed restriction requiring all sublots to have erosion control devices in place during construction. The Building Inspector has agreed to make this requirement a written stipulation on every building permit issued in this subdivision
NOW, THEREFORE be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements installed in the Fairways Part 3 Subdivision, PIP #97-07 and authorize the Town Clerk to release the performance security in the amount of $25,000.00, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS , TO WIT;
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #16, following auditing by members of the Town Board and in the funds indicated:
$ 39,035.11 General Fund
$ 184.00 Part Town Fund
$ 292.80 Risk Retention
$ 53,679.09 Highway Fund
$ 73,453.61 Special District Fund
$ 25,987.36 Trust & Agency Fund
$ 1,686.00 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT;
RESOLVED that the Town Board is hereby authorized to receive and file the following communications as entered on the Agenda: 1) Hamburg Central School District, certificate of resolution passed by the Hamburg Board of Education authorizing acceptance of partial payment for school taxes. 2) Town Recreation Department, effective September 2, 1997, the office hours will be Monday- Friday, 1:00 P.M. to 5:00 P.M. 3) Village of Orchard Park Mayor, Patricia Dickman, forwarded a petition and map from the South Lincoln and Thorn Avenue residents stating their desire to have the 4th of July fireworks remain at the Pavilion area.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Mike Stebeck-124 South Lincoln, representing himself and his neighbors. They want the Town Board to know that they are in favor of the fireworks staying at the Pavilion and want them to continue.
Dolores Gallagher - 92 Thorn Avenue, seconded the fireworks staying at the Pavilion.
The following residents complained about the problems surrounding the August 7th event, and other outstanding issues, that took place at the new Jim Ball Pontiac Car Dealership: Jane Clement & Frank Clement - 6261 Milestrip Road, Tom Gattie - 6329 Milestrip Road, Edward Simon - 6295 Milestrip Road and John McAlpine - 6304 Milestrip Road
Tom Glenn - 5475 Lake Avenue, representing himself and his neighbors. They would like the speed limit reduced, better police patrol and for the road to be repaved. Could the Town Board please approach the county about this situation.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 9:05 P.M.
Respectfully submitted,
Janis A. Colarusso
Town Clerk