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 4th day of June, 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
Michael R. Merritt Town Engineer
ABSENT: Ronald Geitter Superintendent of Highways Robert C. Henning Police Chief
Before the meeting started, Supervisor Mill stated Lt. Sam McCune was honored by the Erie County Bar Association as the “1997 Erie County Bar Association Law Enforcement Officer of the Year”, at their luncheon on Law Day, May 2, 1997. At this time the Town Board of the Town of Orchard Park would like to present a plaque to Lt. Sam McCune that reads as follows:
Awarded to Lt. Sam McCune in recognition of dedicated service to this community. The residents of the Town of Orchard Park extend their congratulations to: “Lieutenant Sam McCune 1997 Erie County Bar Association Law Enforcement Officer of the Year.”
The entire community is pleased to recognize the honor bestowed upon Lieutenant Sam McCune for his excellence and dedicated service in law enforcement.
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 May 21, 1997, and 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.
Old Business #1 - Fred Donato Developers:Cluster Development denied for rezoning.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, on April 2, 1997 the Town Board of the Town of Orchard Park adopted a Resolution rezoning vacant land on the east side of Baker Road, south side of Michael Road, from R-2 to R-2 Cluster Development pursuant to the petition of Fred Donato Developers; such vacant land is further described by metes and bounds 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 468, Township 10, Range 7 of the Buffalo Creek Reservation (so-called) bounded and described as follows:
Beginning in the center line of Baker Road 581.80 feet southerly from its intersection with the center line of Michael Road; thence easterly at right angles 300.0 feet; thence northerly parallel with the center line of Baker Road 274.62 feet; thence easterly parallel with the center line of Michael Road 2,536.34 feet to the east line of Lot 468; thence southerly along the east line of Lot 468, 641.25 feet to the southeast corner of Lot 468; thence westerly along the south line of Lot 468, 2538.42 feet; thence northerly parallel with the center line of Baker Road 299.66 feet; thence westerly at right angles to the center line of Baker Road 300.0 feet to the center line of Baker Road; thence northerly along the center line of Baker Road 72.0 feet to the point of beginning, containing 37.94 acres exclusive of the area lying within the bounds of Baker Road, and
WHEREAS, this Town Board acted without allowing thirty (30) days to elapse from the submission of the plans for a Cluster Development to the Erie County Division of Planning for its review pursuant to Section 239-m of the General Municipal Law and, accordingly, the prior action of this Town Board is a nullity, and
WHEREAS, on May 29, 1997, a reply was received by the Erie County Division of Planning indicating: no recommendation; proposed action has been reviewed and determined to be of local concern;
NOW, THEREFORE, the Town Board of the Town of Orchard Park hereby reverses the prior resolution of April 2, 1997 which rezoned vacant land on the east side of Baker Road south of Michael Road from R-2 to R-2 Cluster Development and hereby denies the petition of Fred Donato Developers for rezoning of the above-referenced land from R-2 to R-2 Cluster Development for the following reasons:
A) Upon further review, this Town Board has determined that cluster techniques are inappropriate on the parcel of land which is the subject of this cluster application.
B) Upon further review, the areas which the developer has determined to retain as open space are largely wetlands on which construction could not take place in any event. Thus, more useable open space and recreation areas are not created by this Cluster Development.
C) Upon further review, this Town Board has determined that a more desirable environment is not created through the Cluster Development proposal set forth above.
D) Upon further review, this Town Board has determined that the development pattern of the proposed Cluster Development is not in harmony with the objectives of the Cluster Development and the Comprehensive Plan of the Town of Orchard Park.
This reversal of the prior resolution of this Town Board relating to the above referenced parcel of land shall take effect immediately; and be it further
RESOLVED, that the Town Clerk publish and post a copy of this resolution in accordance with Section 264 and Section 265 of the Town Law.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 (not on the agenda) §144.45(Cluster Development) and §144.47 to 55(P.U.D.) referred to the Planning Board, Zoning Board and Conservation Board to be reviewed.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS. MILLS, TO WIT.
WHEREAS, the Town Board feels that the Cluster Development Ordinance has some areas of concern, and
WHEREAS, the Town Board would like to have the Cluster Development Ordinance and the PUD Ordinance reviewed by the Town Board, the Planning Board, the Zoning Board of Appeals and the Conservation Board
NOW, THEREFORE be it
RESOLVED, that the Town Board is hereby authorized to refer Section 144.45 (Cluster Development) and Sections 144.47 to 55 (P.U.D.) to the Planning Board, the Zoning Board of Appeal and the Conservation Board for their review and recommendations.
At this time the Town Board expressed their opinions regarding the review of these ordinances. It was then stated that a Public Hearing would be scheduled as soon as the Town Board received the recommendations from the other respective boards.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 Approval of Stable Permits.
4) 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 approve the renewal of the following Stable Permits for the year 1997: 1) Orchard Meadow Stables, 7895 E. Quaker Road, for a Public Stable 2) Long Snap Stables, 6160 Benning Road, for a Public Stable and Riding Academy.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 2 and # 3 Referrals to the Planning Board.
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 following to the Planning Board and the Conservation Board: 1) Quaker Medical Associates, 3560 N. Buffalo Road, request to erect a 662 sq.ft. addition to the existing office for additional treatment rooms. 2) Father Baker Manor, 6400 Powers Road, request for a change of zoning for a 30.5 acre parcel to construct a P.U.D. For Seniors.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 (not on agenda) Recreation Department Summer 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 is hereby authorized to approve the following resident appointments to the 1997 Summer Recreation Staff as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE HOURS
Kate Knodel 28 N. Lane Dir $5.55 35
Julie Vaught 4414 Abbott Road Aide $4.75 30
Nicklaus Graczyk 16 Scattertree Lane Aide $4.60 30
Elizabeth Heppner 25 Colony Drive Guard $4.85 --
Rebecca Murphy 33 Briar Hill Guard $5.25 30
Lisa Hanlon 3 Quaker Lake Terrace Sub. $5.55 --
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, the Town Board of the Town of Orchard Park does hereby establish a Capital Reserve Fund to finance the costs of the following projects:
A. Schultz Road engineering and right-of-way acquisition $ 50,000.00
B. Schultz Road paving $ 100,000.00
C. Bridge inventory study $ 60,000.00
D. Aerial photography project $ 350,000.00
E. North Freeman drainage project $ 40,000.00
F. Bussendorfer drainage project - Part A & B $ 150,000.00
G. Independence Heights drainage project $ 20,000.00
H. Fox Chapel drainage project $ 20,000.00
I. Burbank drainage project $ 15,000.00
J. Salt Barn addition $ 20,000.00
K. Baker Road Bridge design project $ 100,000.00
L. Summit Avenue reconstruction project $ 250,000.00
M. Library improvement project $ 10,000.00
N. Cherry Tree drainage project $ 10,000.00
O. Carriage Drive drainage project $ 5,000.00
The Town Supervisor is authorized to invest, from time to time, the monies deposited into the above-referenced capital reserve fund pursuant to Section 11 of the General Municipal Law, and be it further
RESOLVED, that the Town Board of the Town of Orchard Park hereby authorizes the expenditure of the funds referred to above by the Town Supervisor when it is appropriate to undertake the projects referred to in this Resolution; and be it further
RESOLVED, that the following Trust and Agency Public Improvement Permit Funds be appropriated to; 1997 Transfer to General Fund, $118,000.00; and 1997 General Fund Increase in Estimated Revenues from Inter Fund transfers of Account #A.5031.000, $118,000.00; 1997 General Fund Appropriations for Green Lake Improvements Barn and Sidewalk Account #A.7110.216, $18,000.00; Transfer to Capital Fund-Liberty Park Drainage Account #A.9950.905, $100,000.00; and be it further
RESOLVED, that the following Trust and Agency Parkland Deposits be appropriated to: 1997 Transfer to General Fund $25,000.00; and 1997 General Fund Increase in Estimated Revenues from Inter Fund transfers of Account #A.5031.000 $25,000.00; 1997 General Fund Appropriations for Swings and Slides-Orchard Meadows and Green Lake-Account #A.7110.217 $25,000.00; and be it further
RESOLVED, that this Resolution is subject to a Permissive Referendum and that the Town Clerk be and is hereby directed to publish due notice one time in the official newspaper of the Town of Orchard Park.
Councilman Mills commented on Supervisor Mill’s competent handling of the Town funds over the past twelve years.
Councilman Buyer also wanted to thank Deloitte & Touche, the Town’s accounting firm, for their assistance in managing the Town funds as well.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
8) 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 refer the request from a resident of Hodson Road, to reduce the speed limit and to post a Children at Play sign on Hodson Road, to the Public Safety Committee for review.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, the Building Inspector of the Town of Orchard Park has inspected the premises at 6039 Scherff Road in the Town of Orchard Park; and
WHEREAS, the Building Inspector has issued his report indicating that the structures on said property are unsafe and a danger to the public;
NOW, THEREFORE be it
RESOLVED, that the Town Attorney of the Town of Orchard Park is hereby authorized to take those actions deemed necessary to demolish the structures on the property located at 6039 Scherff Road pursuant to the report of the Building Inspector that the structures on the said property are unsafe.
Councilman Mills added the stipulation that the well on this property be filled in.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
10) 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 #11, following auditing by members of the Town Board and in the funds indicated:
$ 66,319.28 General Fund
$ 4,134.41 Part Town Fund
$ 96,847.24 Highway Fund
$ 56,727.23 Special District Fund
$ 61,941.07 Trust & Agency Fund
$ 2,650.00 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
1) Ray Paolini, 7303 Michael Road - Thanked the citizens for their support and the Town Board for the reversal of the Cluster Development rezoning.
2) Toni Cudney, 5991 Scherff Road - Had questions about the reversal of the Cluster Development rezoning and the Capital Projects funds.
3) Ray Baird, 7515 Michael Road - Thanked the citizens for their support and the Town Board for the reversal of the Cluster Development rezoning.
4) Robert Aronica, 3656 Baker Road - 1) Talked about a notification system where signage is placed on the property where a variance is proposed. 2) Feels that the McNamara property on Angle Road has a building that needs to be demolished. 3) Wanted to know what the plans were for the bridges on Baker Road. 4) Offered some recommendations regarding the zoning ordinances pertaining to wet lands.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilman Buyer, the meeting was adjourned at 8:43 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk