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 15th day of January 1997 at 8:00 P.M., (local time) and the Pledge of Allegiance was rendered by Timothy Slotman, Simon Manka and Chris Martin from Boy Scout Troop 285:
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 Geitter Superintendent of Highways
Robert Henning Police Chief
Michael R. Merritt Town Engineer
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the minutes of the regular meetings of the Town Board, held on October 16, 1996, November 20, 1996, January 1, 1997, and the 1997 Organizational Meeting 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 #1
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 rezoning of vacant land, on the south side of Southwestern Blvd.,from R-3 to B-2, for the purpose of constructing a landscape business as petitioned by Bryan Young.
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.
Proponents: no one spoke
Opponents: no one spoke
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 rezoning of vacant land, on the south side of Southwestern Blvd., from R-3 to B-2 is hereby closed at 8.04 P.M. (local time).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
No decision was made by the Town Board at this time.
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 rezoning of vacant land on the south side of Armor Road from R-2 to R-3 Special Exception Use, for the purpose of constructing a senior housing community complex as petitioned by Orchard Park Heath Care.
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.
Proponents: John Case, 4481 South Buffalo Road, representing Orchard Park Heath Care.
Opponents: no one spoke.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the Public Hearing in the matter of rezoning from R-2 to R-3 Special Exception Use, vacant land on the south side of Armor Road is hereby closed at 8:08 P.M. (local time).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
No decision was made by the Town Board at this time.
Old Business # 1 - Quaker Crossing Retail Center
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, a site plan has been submitted by the Petitioner, Quaker Crossing LLC, for the purpose of developing a 400,000 square foot retail center bounded by California Road and the Baltimore and Ohio Railroad on the west, a tributary of Smokes Creek and Summit Avenue on the north, a Niagara Mohawk Power Company right-of-way on the east and Milestrip Road on the south; and
WHEREAS, a Draft Environmental Impact Statement and a Final Environmental Impact Statement have been submitted to this Town Board regarding the site plan in connection with the rezoning of land which is the subject of the above-referenced development; and
WHEREAS, this Town Board has made Findings pursuant to the State Environmental Quality Review Act; and
WHEREAS, a referral of the proposed action was made to the Erie county Department of Environment & Planning; and
WHEREAS, the County of Erie Department of Environment & Planning has submitted its recommendation with regard to the above-referenced site plan; and
WHEREAS, the Orchard Park Planning Board has deemed resolved to its satisfaction all planning issues raised by the Planning Board regarding the submitted site plan except for the issue of compliance with the recent amendment to the Orchard Park Zoning Ordinance relating to a fifty foot (50') set back in the front yard; and
WHEREAS, counsel for the Town of Orchard Park has advised the Town Board that the proposed site plan complies with the set back requirements pursuant to the recent amendment to the Orchard Park Zoning Ordinance; and
WHEREAS, the Town of Orchard Park Engineering Department has reviewed the above-referenced site plan and issued its Engineering approval; and
WHEREAS, the Town of Orchard Park Conservation Board has unanimously approved the Quaker Crossing landscape plan;
NOW, THEREFORE, be it
RESOLVED, the Town Board of Orchard Park hereby approves the site plan submitted in connection with the Quaker Crossing Retail project; and be it further
RESOLVED, that the Town Board of Orchard Park directs that a building permit be issued in connection with the above-referenced project; and be it further
RESOLVED, that a Certificate of Occupancy shall not be issued until public improvements associated with the project are satisfactorily completed and dedicated to the appropriate jurisdiction; and be it further
RESOLVED, that the Supervisor is authorized to execute the following documents in connection with the above-referenced project;
(1) Memorandum of Understanding regarding the erection of traffic signals;
(2) Letter Agreement regarding traffic signals;
(3) Conservation Easement regarding the buffer area;
AND BE IT further
RESOLVED, that the Lease Covenants be filed in the Erie County Clerk’s Office relating to this premises;
AND BE IT further
RESOLVED, that the Operation and Easement Agreement between Dayton Hudson Corporation (Target) and Quaker Crossing, LLC be filed in the Erie County Clerk’s Office; and be it further
RESOLVED, that the following stipulations recommended by the Orchard Park Planning Board and the Orchard Conservation Board are hereby adopted by this Town Board:
1. All dumpsters will be covered to prevent wind lift and disbursement of litter;
2. All dumpsters are to be screened;
3. The letter of Gerald A. Buccheit, Jr., Manager Partner, Quaker Crossing, LLC, dated January 6, 1997 regarding the Petitioner’s plans for debris control will be included as part of the plan;
4. No outside usages other that the screened dumpsters pursuant to the site plan will be allowed;
5. Additional Gray Stem Dogwood as shown on the landscape plan will be planted to the north of the northeast corner of the Target store building;
6. Exterior lighting in the parking area and on all facades other that the main entry ways of the buildings is to be directed downward and toward the side;
7. The work-line limit with respect to trees shall be a substantial fence at the tree drip line;
8. A landscape completion bond in the amount of $111,145.00 ( 100% of the cost of landscaping) or a certified check in the amount of $55,572.50 (50% of the cost of landscaping) is required before a Building Permit will be issued;
9. The Petitioner shall grant a Conservation Easement to the Town of Orchard Park to be recorded with the County of Erie for the portion of the property which has been identified on the site plan as the buffer area;
10. Architectural details including, but not limited to, such areas as facade building materials, facade lighting fixtures, roofing materials, cornice and roof line applications and signage design and materials will be reviewed and jointly agreed upon by a member of the Town Board and the Petitioner.
Dennis J. Mill Voting Aye
John J. Mills Voting Nay
Paul D. Barnas Voting Aye
David M. Buyer Voting Nay
Nancy W. Ackerman Voting Aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business # 2 - Set Public Hearing for Fred Donato Developers request to rezone.
5) 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 on February 5, 1997 at 8:00 P.M. (local time) in the matter of rezoning from R-2 to R-2 Cluster Development, vacant land on the east side of Baker Road, south of Michael Road, as petitioned by Fred Donato Developers.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 1 - A. H. Harris & Sons rezoning request, refer to Planning Board
# 1.a - ( not on agenda) Empire Erectors Building Permit, refer to Planning Board
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 refer to the Planning Board and the Conservation Board the following requests:
1) - A. H. Harris & Sons, Inc. 3605 California Road, requesting to rezone property from I-1 to I-1 Special Exception Use for storage of various construction materials.
1a) (not on agenda) - Empire Erectors, 227 Thorn Avenue, request for a Building Permit to construct an office building and garage on South Taylor Road.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 2 - Orchard Park Presbyterian Church request to use Yates Park
7) 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 Orchard Park Presbyterian Church, 4369 South Buffalo Street, to have their annual Confirmation Class Picnic at Yates Park/Green Lake on Wednesday, May 14th from 5:00 P.M. until dusk.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 3- Resignation of Stanley A. Jemiolo from the Planning Board
8) 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 accept, with regret, the resignation of Stanley A. Jemiolo from the Planning Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 4 - Michael McQuire, Appointment to Planning Board
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to appoint Michael McQuire, 3021 Baker Road, to the fill the unexpired term on the Planning Board, effective February 1, 1997 and expiring December 31, 2002. This appointment is subject to the receipt of a letter from Michael McQuire, stating his resignation from the Zoning Board of Appeals.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 4.A - Kenneth Jablonicki, Appointment to Zoning Board of Appeals
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board is hereby authorized to appoint Kenneth Jablonicki, 3140 Bieler Road, to fill the unexpired term on the Zoning Board of Appeals, effective February 1, 1997 and expiring on December 31, 2000. This appointment is subject to the receipt of a letter from Michael McQuire, stating his resignation from the Zoning Board of Appeals.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 5 - Appointments to the Orchard Park Police Department
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO
MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the appointment of John M. Mariano, 6087 Taylor Road, to the Orchard Park Police Department, effective February 3, 1997. Mr. Mariano is a reinstatement in the Orchard Park Police Department as a transfer from New York State Parks Police. This appointment is conditional upon the results of the Town’s scheduled physical exam, and be it further
RESOLVED, that the Town Board is hereby authorized to approve the appointments of Mark F. Pacholec, 130 Countryside Lane and Patrick M. McLaughlin, 27 Poplar Avenue, to the Orchard Park Police Department. These two appointments are temporary, pending the results of the physical exam scheduled by the Town and the County of Erie Personnel Department. Both Mr. Pacholec and Mr. McLaughlin have been selected from New York State Civil Service Officers list.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the following Budget Transfers:
Highway Department 1996 Budget Transfers
$ 200.00 From: A.5010.000.137 To:A. 1910.000.465
$ 800.00 From: A.3310.000.144 To: A.3310.000.215
$ 2,000.00 From: A.7110.000.144 To: A.7110.000.149
$ 3,600.00 From: A.5010.000.137 To: A.7110.000.149
$ 200.00 From: A.7110.000.447 To: A.7110.000.449
$ 2,000.00 From: A.7110.000.421 To: A.7110.000.475
$ 27,000.00 From: DA.5110.000.144 To:DA.5112.000.200
$ 7,000.00 From: DA.5110.000.474 To:DA.5110.000.472
$ 15,000.00 From: DA.5110.000.144 To: DA.5130.000.144
$ 28,000.00 From: DA.5110.000.144 To: DA.5142.000.144
$ 20,000.00 From: DA.5140.000.402 To: DA.5142.000.402
$ 2,000.00 From: DA.5110.000.149 To: DA.5110.000.473
$ 2,000.00 From: DA.5110.000.440 To: DA.5130.000.419
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, the Town has been notified by the NYS Retirement System that Police Chief Robert C. Henning has reached the mandatory retirement age relative to a recent Court decision which ruled a Police Chief must retire from the NYS Retirement system by age 65
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to recognize the retirement of Police Chief Robert C. Henning, effective January 25, 1997, and be it further
RESOLVED, that the Town Board is hereby authorized to approve, effective January 25, 1997, the temporary reinstatement of Robert C. Henning as Chief of Police for the Town and Village of Orchard Park, for the period of time it takes for his successor to be selected. The temporary period of employment will not exceed one (1) year.
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 is hereby authorizing the Supervisor to execute the contract for the 1997 Fourth of July fireworks with Skylighters of Western New York.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) 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 authorizing the Supervisor to sign the Contract for Services with the Planning Coordinator Sarah desJardins , effective January 1, 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to schedule a bid opening on February 20, 1997 at 11:00 A.M. (local time), for the 1997, 1998 and 1999 Brush Pickup Contract, as recommended by the Town Attorney, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof in the Southtowns Citizen and the Buffalo News.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Town Attorney Berkowitz reported on two items of litigation that were recently concluded: the Committee to Right Quaker Crossing lawsuit was dismissed by the Supreme Court on January 9, 1997 and the TriSouce Development lawsuit was dismissed by the Supreme Court on January 13, 1997.
17) 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 schedule a bid opening on February 12, 1997 at 10:00 A.M. (local time), for a Hand Held Data Collector, with software compatible to the Towns Computer system, for the Town of Orchard Park Water Department, and be it further
RESOLVED, the Town Clerk is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
WHEREAS, in order to obtain water for 3253 Orchard Park Road, the new “spec” building that is being constructed on the former Shenanigan’s property, Benderson Development has been required by the Erie County Water Authority to extend the public watermain 403 LF± along the frontage of Southwestern Blvd. and Orchard Park Road, and
WHEREAS, this would involve extending the existing 8" diameter watermain from E.C.W.A. lease managed Water District #15 into Water District #8, and
WHEREAS, in order to accomplish this, Erie County Water Authority needs permission from the Town of Orchard Park to own and operate the above mentioned waterline extension within the Town of Orchard Park Water District #8, and
WHEREAS, Benderson needs to apply for out of district customer service to Water District #15 to which authorizes the Town to collect the appropriate special district taxes for this property
NOW THEREFORE, be it
RESOLVED, that the Town Board be and is hereby authorized to approve the out of district water service agreement between Orchard Park Water District #15 and Benderson Development for the property located at 3253 Orchard Park Road, and be it further
RESOLVED, that the Town Board hereby authorize Erie County Water Authority to construct, own and operate the 403 LF± waterline extension within Orchard Park Water District #8.
Councilman Buyer stated that he has difficulties with a spec building at this particular site due it being a dangerous corner and he will oppose this resolution just as he opposed the building permit for this site.
Supervisor Mill Aye
Councilman Mills Aye
Councilman Barnas Aye
Councilman Buyer Nay
Councilwoman Ackerman Aye
THE RESOLUTION WAS DULY ADOPTED.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, on January 14, 1997 a final inspection was conducted of the public waterline and fire hydrant servicing the Angle Park Senior Housing Project, as constructed under PIP 96-04, and all of the work has been completed in accordance with Town and Erie County Water Authority specifications, and
WHEREAS, a maintenance bond in the amount of $5000.00 has been submitted, and
WHEREAS, the pavement restoration for the road crossing will be completed this spring and is secured by a Town Highway right of way permit.
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to formally accept the public waterline installed for Angle Park Senior Housing under PIP #96-04 and authorize the Town Clerk to release the performance security in the amount of $1,000.00, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, an application, from Raymond Battista, 106 Marycrest Drive, was received for a Public Improvement Permit to construct 310 L.F. of sanitary sewer on Carriage Drive to serve one (1) lot. The work also includes the physical separation of the public and private waterlines on the street which are now segregated by a closed valve, and
WHEREAS, the plans and specifications for the project have been reviewed and have been found to be in compliance with the current Town specifications and all necessary fees have been paid.
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve Public Improvement Permit 97-01 pending receipt of the contractor’s insurance certificate, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
21) 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 #2, following auditing by members of the Town Board in the funds indicated:
$ 326,556.36 General Fund
$ 3,890.65 Part Town Fund
$ 54,305.81 Highway Fund
$ 94,492.88 Special District Fund
$ 400.00 Trust & Agency Fund
$ 11,577.48 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following communications as entered on the agenda: 1) Memorandum from Dennis J. Mill regarding the NYSDOT holding a public informational meeting relative to the planned re-construction of North Buffalo Road (240/277), January 22, 1997. 2) Letter from the Town of Boston regarding a Public Hearing for a special use permit to construct a telecommunications tower at 6405 Ward Road.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
23) 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 reports as entered on the agenda: 1) Building Inspectors Monthly Report & Building Permits for December 1996, 2) Orchard Park Police Chief Monthly Report for December 1996. (Not on the agenda) - 3) Annual Report of the Orchard Park Police Department for the year ending December 31, 1996, and 4) Annual Report of activities for the Zoning Board of Appeals for the year ending 1996.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Thomas Whalen, 40 Provincetown Lane - discussed his feelings regarding the Quaker Crossing Project and also announced that he will be running for the Supervisor’s seat on the Town Board in the 1997 election.
Henry Dinder, 4270 Abbott Rd - had questions about the Zoning Board’s participation in the Quaker Crossing Project and the tax abatements for which Quaker Crossing applied .
Robert Frantsits, 4270 California Road - had further comments about tax abatements for the Quaker Crossing Project.
Supervisor Mill called for a moment of silence for the Very Reverend Harry W. Heermans who passed away this morning.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilman Mills, the meeting was adjourned at 8:56 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk