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 17th day of December 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
Ronald A. Geitter Superintendent of Highways
Robert C. Henning Police Chief
Michael R. Merritt Town Engineer
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the minutes of the regular meeting of the Town Board, held on November 19,1997, 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.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
PUBLIC HEARING
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 Quaker Retail Zone Sign Ordinance, which provides as follows:
Definition:
Quaker Retail Zone
“Quaker Retail Zone” shall be defined as the property on and along Milestrip Road between the Buffalo & Pittsburgh Railroad and the Niagara Mohawk Power Corporation high tension power lines which abuts or is contiguous with the one (1' )foot strip owned by the Town of Orchard Park or the County of Erie.
Signage - Quaker Retail Zone:
1. Permanent free standing store or business identification Signage.
(A)Primary free standing store or business identification signage.
Primary free standing store or business identification signage may only be used within fifty (50') feet of the primary access entrance driveway, roadway or street giving ingress or egress to the store or business.
(1) One (1) permanent free standing identification sign may be erected, in addition to any other permitted sign or signage, not to exceed four hundred (400) square feet of face area per side which shall not exceed thirty-five (35) feet in height measured from the ground to top of sign. The maximum number of sides a sign may have is two.
(B)Secondary free standing store or business identification signage.
Secondary free standing store or business identification signage may only be used where the store or business has more than one access entrance driveway, roadway or street giving ingress or egress to the store or business and it is not within four hundred (400') linear feet from the primary access entrance.
(1) One (1) permanent free standing identification sign may be erected, in addition to any other permitted sign or signage, not exceeding two hundred (200) square feet in face area per side which shall not exceed thirty (30) feet in height measured from the ground to top of sign. The sign may include a theater panel listing current attractions and advertising of public affairs or public events in the community. The maximum number of sides a sign may have is two.
2 Signage other than free standing store or business identification signage shall meet the requirements of the Zoning Code.
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.
Councilman Mills explained the purpose for the Public Hearing was to get citizen input.
PROPONENTS:
The following spoke on behalf of the project and gave their reasons for this ordinance, the benefits were outlined and comparisons were made with other plazas in town and the general area. (Handouts were given to the Town Board Members and the audience. Pictures were displayed.):
Robert Walsh (Attorney representing the Developer)
Andrew Fleming (Attorney & Partner of Mr. Robert Walsh)
Jerry Buchheit (Developer)
Ed Sullivan, 3819 Abbott Road (resident)
OPPONENTS:
The residents listed below spoke, voicing the following concerns and oppositions: Comparable plaza site signage was described; The need to maintain our integrity and not be concerned with what other municipalities have or do; This should go through the Zoning Board of Appeals as the normal process; The aesthetics need to be considered as well as a safety factor; This is beneficial to one property owner and not town-wide; This should be denied or tabled until a comprehensive review is done of our entire code; Asked if the SEQRA Findings Statement was sufficient or is another one needed? It was suggested that perhaps an agreement be signed by the developer regarding development sign requirements that are acceptable to the community.
Tom Whalen, 204 Stepping Stone Lane
Carmen Elia, 6336 Milestrip Road
Marvin Ashburn, 6326 Benning Road
Leon Zwolinski, 13 Briar Hill Road
Dan Currie, 52 Stonehenge Drive
Lorraine Biryla, 57 Greenmeadow Drive (a member of the Planning Board)
Henry Snyder, 5455 Lake Avenue
John Bernard, 6760 Powers Road
Harold Fabinski, 37 Bender Drive
Councilman Buyer stated the following: 1) Read a letter from Michael McGuire, 3021 Baker Road, which stated his opposition to this ordinance. 2) Pointed out that the Board was in receipt of the memo from the Erie County Division of Planning referred to by Mrs. Biryla. 3) Also the Town Board has received a memo from the entire Town Planning Board in their unanimous opposition to this proposed sign ordinance. 4) A letter from John Bernard, Chairman of the Planning Board listing items needing clarification.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Quaker Retail Zone Sign Ordinance, is hereby closed at 9:02 P.M., (local time).
At this time, Councilman Mills wanted to clarify the purpose for the Public Hearing. It was for feed-back from the public. The concept or idea of this particular ordinance was his and not that of the developer or his attorney. Mr. Mills further stated that he tried to give some relief to the developer and also have a compromise for the citizens and feels strongly that it is a legislative issue. He thanked everyone for their input and for looking for an alternative.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Mills requested this matter be tabled until the new 1998 Town Board takes office . The rest of the Board Members concurred to the tabling.
Councilwoman Ackerman and Councilman Buyer voiced their feelings and opinions regarding this sign ordinance and gave a brief history of past sign issues with this developer. Both Councilmembers thanked those who expressed their opinions.
Councilman Barnas presented a letter from Art Coon, Chairman of the Zoning Board of Appeals, dated December 14, 1997.
Attorney Robert Walsh stated that it takes courage to oppose a project and to also propose an alternative. Mr. Walsh thanked Councilman Mills for clarifying the situation. He also commented that it is the same people making the same comments.
Old Business #1 - Revisions to ordinances:§144.5 Definition: Multiple Developments.
§144.38.2 Signs in Multiple Developments.
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 table the revisions to ordinances §144.5 Definition: Multiple Development & § 144.38.2 Signs in Multiple Developments.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Rescind Resolution #12, item #2 on the 11/19/97 Town Board Minutes.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT;
RESOLVED, that the Town Board is hereby authorized to rescind Resolution #12, Item # 2 (Stop sign on Norwood) on the November 19, 1997 minutes, and refer this request to the New York State Department of Transportation.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Rescind Resolution #17 on the 11/19/97 Town Board Minutes.
5) 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 rescind Resolution # 17 of the November 19, 1997 minutes that scheduled a bid opening for a Spill Containment System for the Highway Department, as the bid never took place.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #4 (not on agenda) - Rescind appointment date for Recreation Commission.
6) 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 rescind a portion of Resolution #13 of November 19, 1997 that scheduled the appointments to the Recreation Commission to be made on January 1, 1998.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reschedule Recreation Commission Appointments
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT;
WHEREAS, on November 19, 1997, the Orchard Park Town Board adopted a resolution creating a Recreation Commission pursuant to Section 243 of the General Municipal Law, and
WHEREAS, that resolution required the appointment of the seven members of the Recreation Commission to be made on January 1, 1998, and
WHEREAS, numerous requests for appointment to the Recreation Commission have been received, and
WHEREAS, the members of the 1998 Orchard Park Town Board need additional time to interview all applicants and are scheduling these interviews for January 10, 1998, and
WHEREAS, said date of January 1, 1998 for the appointments has now been rescinded,
NOW, THEREFORE, be it
RESOLVED, that the appointment date of the seven members of the Recreation Commission is hereby rescheduled for January 21, 1998.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #5 - Boston Valley Terra Cotta, Abbott Road: Requesting Change in Use.
8) 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 Boston Terra Cotta, 6860 Abbott Road, for a Change in Use from residence to an office, as recommended by the Planning Board, 12/10/97, with the following stipulations:
1) This is an unlisted SEQR action based on the submitted short EAF and therefore a Negative Declaration. 2) The approved landscape plan includes 55% green space. 3) The site lighting is limited to the existing fixtures and poles indicated on the site plan. 4) No outside storage or display is permitted. 5) Dumpsters as shown shall be screened along with any additional dumpsters, all of which are screened in accordance with Section 144-25 of the Town Code. 6) Signage is not a part of this approval process, and shall be submitted to the Building Inspector for Sign Permits. 7) Town Engineering approval was granted on 12/08/97.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #6 (not on agenda) - Reaffirmation of Quaker Crossing Special Exception vote.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, a vote was taken, on December 3, 1997, granting Special Exception Use on the westerly out parcel of the Quaker Crossing Retail Center and based upon the receipt of the Erie County Division of Planning recommendation, received December 16, 1997
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby reaffirm said vote of December 3, 1997, granting Special Exception Use on the westerly out parcel of the Quaker Crossing Retail Center.
Dennis J Mill Aye
John J Mills Nay
Paul D Barnas Aye
David M Buyer Nay
Nancy W Ackerman Aye
THE RESOLUTION WAS DULY ADOPTED.
New Business #1 & #2 - Referrals to the Planning Board.
10) 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 refer to the Planning Board and Conservation Board the following items:
#1 - Orchard Park Community Church, 7451 East Quaker Road, requesting to construct an addition measuring 44' x 50' long, zoned R-1.
#2 - Cage Construction Company, 3419 North Benzing Road, requesting to construct an addition to be 40' by 50' for additional warehouse space, zoned I-1.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following budget transfers as pre-filed with the Town Board and the Town Clerk, as recommended by the
Town Assessor ......... $ 300.00 From: A.1355.455 To: A.1355.400
Chief of Police .......... $ 1,000.00 From: A.3120.512 To: A.3120.225
Supervisor ................ $ 1,875.00 From: A.1910.480 To: A.1620.419
$ 2,500.00 From: A.1670.442 To: A.1670.441
$ 27,025.88 From: A.3001.000 To: A.3120.225 - $ 7,152.71
To: A.3120.215 - $ 19,873.17
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill stated that with this public meeting, he brings to a close his twenty-two year career as a Town Board Member, never having missed any public meetings. He further stated that he leaves this position with a good feeling and wishes the new Supervisor “Good Luck” as she assumes the role. Mr. Mill thanked the Town Employees and Department Heads for all their hard work and cooperation as well as his family, friends and supporters.
Councilman Barnas commented that this was his last meeting as a Board Member and that it was a great nine years. Mr. Barnas thanked everyone and wished the new Board “Good Luck”.
Councilwoman Ackerman presented plaques to Dennis Mill and Paul Barnas for their service to the Town over so many years and thanked them both for all their help and friendship and guidance.
Supervisor Mill acknowledged, and introduced to the audience Supervisor Elect Toni Cudney
and Councilman Elect Steve McCarville.
The Town Clerk, Town Attorney, Building Inspector, Chief of Police, Highway Superintendent and the Town Engineer all wished Dennis Mill and Paul Barnas the very best of luck and also thanked them for the opportunity of working with them.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, final inspection of the Colony Park Reconstruction Project has been conducted and all work has been satisfactorily completed with the exception of the final restoration of lawn areas and the necessary maintenance bonds and certifications have been received, and
WHEREAS, because of unfavorable conditions, final grading, topsoil and seeding could not be completed
NOW, THEREFORE, be it
RESOLVED, that the Supervisor is hereby authorized to sign an Uncompleted Work Agreement with Holmes & Murphy, Inc of Orchard Park, for the Colony Park Reconstruction Project.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) 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 Final Change Order to the original contract with Holmes & Murphy, Inc. of Orchard Park for the Colony Park Reconstruction Project in the amount of a decrease of $26,025.15 bringing the total contract amount to $856,726.35.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize final payment and the release of retention under the termsoif the Uncompleted Work Agreement, to Holmes & Murphy, Inc. for the Colony Park Reconstruction Project in the amount of $50,004.07.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Both the Town Supervisor and Town Engineer expressed their appreciation to Holmes & Murphy, a local business, for a job well done.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, final inspection was conducted of the North Benzing Road Reconstruction Project and all work has been satisfactorily completed and the necessary maintenance bonds and certifications have been received
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve the Final Change Order to our contract with Dipizio Construction Co., Inc. for the North Benzing Road Reconstruction Project in the amount of an increase of $7,101.28.
Councilman Mills commended the contractor for an outstanding job and thanked the Town Engineer and his department for all their help..
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the final payment and the release of retention to DiPizio Construction Co, Inc., for the North Benzing Road Reconstruction Project in the amount of $41,606.05.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT;
WHEREAS, the new traffic signals, installed under PIP #97-08 as part of the Quaker Crossing Retail Center Town Highway improvements, are now in operation at the Amanda Lane/Amelia Drive intersection and the Lake Avenue/North Benzing Road intersection, and
WHEREAS, these two signals are the first that the Town will actually own, as almost all others are on State highways and the County highway policy does not permit the County to own and operate traffic signals, and
WHEREAS, these two new signals were installed at the developer’s expense and for the first five years of operation, Quaker Crossing, LLC, will reimburse the Town for any operation and maintenance expense, as previously agreed upon
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby adopt an order authorizing the Town to own, operate and maintain the traffic signal at the intersection of Amanda Lane and Amelia Drive, and be it further
RESOLVED said Board does authorize the removal of the stop signs at each of the four approaches, effective immediately.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the new traffic signals are now in operation at the Amanda Lane/Amelia Drive intersection and the Lake Avenue/North Benzing Road intersection, and
WHEREAS, the Town will own said traffic signals
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby adopt an order authorizing the Town to own, operate and maintain the traffic signal at the intersection of Lake Avenue and North Benzing Road in accordance with Erie County Highway Department Policy, effective immediately.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT;
WHEREAS, a quote has been received from South Buffalo Electric Inc., the subcontractor who installed the traffic signals as part of the Quaker Center Retail Town Highway Improvements for maintenance of said signals
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign a letter agreement with South Buffalo Electric, Inc., 2277 South Park Avenue, Buffalo, New York, to maintain the traffic signals at the Amanda Lane/Amelia Drive intersection and the Lake Avenue/North Benzing Road intersection on an as needed, hourly basis, for the calendar year 1998.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #24, following auditing by members of the Town Board and in the funds indicated:
$ 47,564.08 General Fund
$ 1,240.69 Part Town Fund
$ 29,674.12 Highway Funds
$ 66,099.20 Special Districts
$ 51,677.24 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
21) 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 Communication as entered on the agenda: 1) Adelphia Cable is pleased to announce the addition of Home and Garden Television which will be added in place of the Jones Computer Network, as part of the Cable Value level of service effective January 15, 1998. HGTV will be located on Channel 63/71. HGTV presents some of America’s best home builders, decorators, gardeners and craft experts as they provide practical information and creative ideas for your home. 2) Modern Corporation, Refuse & Recycling Collection: The 1998 Holiday Schedule. 3) Bee Group Newspapers: Requesting the designation of “Official Newspaper” for 1998.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
22) 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 Police Departments Monthly Report of November 1997 as entered on the agenda.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
The following residents commented on certain parliamentary procedures; communications towers; the separation of Church and State regarding religious displays; and the need for compassion for the business men in Orchard Park.
1. Tom Whalen, 204 Stepping Stone Lane
2. Toni Cudney, 5991 Scherff Road
3. Steve McCarville, 25 S. Lincoln Avenue
4. Marvin Ashburn, 6326 Benning Road
5. Larry Karmel, 107 Squire Drive
6. Lorraine Biryla, 57 Greenmeadow Drive
7. Pat Sullivan, 3838 Southwestern Blvd.
8. Howie Holmes, 4684 Freeman Road
9. John Mills, Town Councilman
All commended Dennis Mill and Paul Barnas, thanked them for their work and service to the community and wished them good luck.
There being no further business before the Town Board, on motion by Councilman Mills, seconded by Councilwoman Ackerman, the meeting was adjourned at 10:02 P.M., (local time) in honor of Dennis Mill and Paul Barnas for their service to the community.
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk