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 21st day of May, 1997 at 8:00 P.M., (local time), and
The Pledge of Allegiance was led by Boy Scout R. Andrew Mayer of 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
J. Michael Wolf Deputy Town Attorney
Joseph Campion Building Inspector
Michael R. Merritt Town Engineer
ABSENT: Ronald Geitter Superintendent of Highways Leonard Berkowitz Town Attorney
Robert C. Henning Police Chief
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 meetings of the Town Board, held on May 7, 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 - Orchard Parks & Gardens, 2924 Southwestern - Temporary Structure.
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 approve the request from Orchard Parks & Gardens, S2924 Southwestern Blvd. for a building permit for a 1,344 sq.ft. temporary outside display structure to be used from May through August 1997 as recommended by the Planning Board 5/14/97 with the following stipulations: 1) This is a Type 2 SEQR action and is not subject to a SEQRA review; 2) There will be no additional outside lighting for the display or the greenhouse.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Empire Erectors, Inc. South Taylor Road - Approval of Lighting Plan.
3) 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 lighting plan as submitted by Empire Erectors, Inc, vacant land south of 4182 South Taylor Road, as recommended by the Planning Board 5/14/97 with the following stipulations: 1) This is an unlisted SEQR action based on the submitted full EAF, Parts 1 and 2 and is a Negative SEQR Declaration; 2) A landscape completion bond shall be submitted (no amount stated); 3) The site lighting plan is limited to those fixtures indicated on the Ted Biggie Lighting Grid Plan dated 5/8/97, using five (5) H-2 square wedge fixtures only; 4) No outside storage or display is permitted; 5) Dumpsters as shown shall be screened in accordance with Section 144025 of the Town Code.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Mercy Ambulatory Care Center, 3669 Southwestern Blvd. - Addition.
4) 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 the Mercy Ambulatory Care Center, S3669 Southwestern Blvd. for a building permit to construct a 2,300 sq.ft. addition to an existing building for an MRI facility as recommended by the Planning Board 5/14/97 with the following stipulations; 1) This is a Type 2 SEQR action and is not subject to a SEQRA review; 2) A landscape completion bond in the amount of a $1,500.00.Bond or, a certified check in the amount of $750.00 shall be submitted; 3) The site lighting plan is modified by addition of thirteen (13) soffit lights; 4) No outside storage or display is permitted; 5) Dumpsters as shown shall be screened, along with any additional dumpsters, all of which shall be screened in accordance with Section 144-25 of the Town Code.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #4 - Bryan Young, 2793 Angle Road - Building Permit.
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 approve the request from Bryan Young, 2793 Angle Road for a building permit to construct a landscaping business as recommended by the Planning Board 5/14/97 with the following stipulations; 1) This is an unlisted SEQR action based On the submitted full EAF Parts 1 and 2 and is a Negative SEQR Declaration; 2) The truck and tractor/cold storage buildings, and additional future structures, are not part of the approval at this time; 3) A landscape completion bond in the amount of a $10,400.00 Bond or a certified check in the amount of $5,200.00 shall be submitted; 4) The site lighting plan is limited to those fixtures with flat lens and poles included on the approved site plan; 5) No outside storage or display is permitted other than those shown on the approved site plan.
Before the vote was taken there was discussion by members of the Town Board, the Town Engineer, and Mr.Young concerning potential problems with the floor drains.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - Francis T. McGuire, DDS, 4370 S. Taylor Road - Change in Use.
6) 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 refer to the Planning Board and Conservation Board, the request from Francis T. McGuire, DDS, 4370 South Taylor Road for a Change in Use from residence to office, for the purpose of an orthodontic practice.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - National Garden Week Proclamation.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, the Orchard Park Garden Club is an organization which was founded in 1976, Federated in 1977 and is comprised or 96 members; and
WHEREAS, the Orchard Park Garden Club members plant 170 hanging baskets and 40 summer flowering planters which are displayed throughout our Town. They also plant the beautiful garden at the Ellicott Triangle; and
WHEREAS, the Orchard Park Garden Club members participate in decorating and planting the lovely flower boxes and pots for Orchard Park’s only National Historic Site, the Jolls House; and
WHEREAS, the Orchard Park Garden Club has numerous sales and fund raisers which help a scholarship fund for Orchard Park graduates planning to continue education in the field of horticulture;
RESOLVED, that the Town of Orchard Park does hereby join the National Council of State Garden Clubs, Inc., the Federated Garden Clubs of New York State, Inc., and the Orchard Park Garden Club in celebrating NATIONAL GARDEN WEEK June 7th through 13th, 1997, in honor and appreciation of the efforts from the membership as a source of community pride and beautification;
NOW, THEREFORE, the Town Board of Orchard Park, in the County of Erie, in the State of New York, hereby proclaim the week of June 7th through 13th, 1997 as NATIONAL GARDEN WEEK.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 (not on the agenda) - Recreation Staff Appointments.
8) 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 approve the following resident appointments to the 1997 Summer Recreation Staff as recommended by the recreation Director:
NAME ADDRESS POSITION RATE HOURS
Catherine Cherry-Myers 6403 Ward Road Sub/Grd $5.25 ---
Jessica Weaver 6438 W. Quaker Aide $4.60 30
Ellen Fitzgibbons 126 Elmhurst Guard $5.25 30
Tim Morseon 50 N. Lane Aide $4.60 30
Alyson Wutz 3274 Baker Road Guard $5.25 30
Bob Wellington 6711 Jewett Holmwood Dir. $5.55 35
Alana Starosielec 30 Knob Hill Aide $4.60 30
Justin Abel 220 Forest Dir. $5.55 35
Erik Francoforte 37 Candy Lane Guard $4.85 30
Sarah Gloo 63 Knob Hill Guard $4.85 30
Eric Weddle 61 Burbank Guard $5.25 30
Joshua Ford 49 E. Royal Hill Aide $4.60 30
Kelly Poynton 24 Quaker Lake Aide $4.60 30
Patricia Hodskins 6925 E. Quaker Grd. $5.25 30
Connie Lutz 3408 Baker Rd Sub/Grd $5.25 ---
Ian Kaminski 1 Squire Dr Guard $5.35 ---
Stephen Powell 45 Tanglewood Guard $5.35 ---
Tracey Powell 45 Tanglewood Guard $5.35 ---
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 (not on the agenda) Schedule Public Hearing-Amendment to Zoning Ordinance.
9) 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 schedule a Public Hearing on June 18, 1997 at 8:00 P.M. (local time) in the matter of an amendment to the Town Code of Ordinance, which amendment provides as follows: Article X, Amendment, §144-67-Required plans and specifications: “At least ten days before a scheduled hearing relating to any amendment of the Zoning Map, the Town Board shall cause to be forwarded, by regular mail, a notice of such proposed amendment to the Zoning Map to all owners of real property located within five hundred feet (500') of the border of the land which is the subject of the proposed amendment to the Zoning Map.”
And be it further
RESOLVED, that the Town Clerk be and is hereby directed to publish due notice thereof, and be it further
RESOLVED that this proposed amendment be referred to the Planning Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 (not on the agenda) Quinn Funeral Hone, W. Quaker St. - Rezone Request.
10) 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 to the Planning Board and Conservation Board, the request from Joseph K. Quinn Funeral Home, Inc., 6170 West Quaker Street to rezone a parcel of land adjacent to said funeral home on the east side with frontage in the Village of Orchard Park, from B-2 to R-3.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
Councilman Mills stated that he encourages this Board, at the June 4th meeting to consider voting on the Cluster Development Ordinance and to resolve this issue, in interest and fairness to the developer.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the Town Board does hereby authorize the Supervisor to send a letter to the Erie County Highway Commissioner requesting consideration for a “four-way” stop at the Scherff and Gartman Road intersection, as recommended by the Public Safety Committee.
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, there have been requests from Lake Avenue residents for a reduction of the speed limit and weight limit on Lake Avenue, and
WHEREAS, the Orchard Park Police Chief did conduct a traffic speed survey on Lake Avenue and has submitted a report of said speed survey to the Town Board, and
WHEREAS, a letter has been sent to the County regarding the weight limit on Lake Avenue
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to send a copy of the Police Lake Avenue traffic speed survey to the Erie County Highway Commissioner for their review and recommendation, as recommended by the Public Safety Committee.
Before the vote was taken Councilman Mills asked for clarification of the weight limit proposal and stated that he would rather see the County rebuild the roadway.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Barnas agreed with Councilman Mill’s request to look at the Cluster Development on June 4th and rescinding the Town’s motion on the Cluster Development Project, and to also remove the Cluster Development Ordinance from the Town Code.
Supervisor Mill stated he too was in agreement with the removal of the Cluster Ordinance from the Town Code if it was not going to work for the Town. Mr. Mill further stated he was in discussions with representatives of the Cluster Developer to see if there wasn’t a smooth way to resolve this issue.
Councilman Buyer commented: 1) that he felt that this Cluster Ordinance should be referred to the Planning Board before any major changes are made, as there are alternatives, and 2) an E Mail program has been installed on the new Computer at the Senior Center, which will function without the use of an outside server, and without any cost to the Town for its use.
Councilwoman Ackerman stated that Planned Unit Development (PUD) should also be referred to the Planning Board as it has the same potential as Cluster, and that both should be given adequate review.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, over the past several years the Town Engineering Department has monitored the condition and structural durability of Town highways installed by developers in residential subdivisions and industrial parks, and
WHEREAS, certain high volume roads are showing pavement cracking and other signs of fatigue within 5 - 10 years of initial construction, some of which will need maintenance or remedial repairs sooner than originally anticipated, and
WHEREAS, after careful study and review, it is concluded that the problems being experienced are in part attributable to excessive movement of pavement due to frost penetration and insufficient roadway strength, and
WHEREAS, it is believed that the Town’s subsurface drainage system and construction methods are adequate, but the pavement thickness and the types of aggregate used for subbase and underdrain filter material need to be modified
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to adopt the modified road specifications, which are entered into and attached to these minutes, effective immediately for all development projects not currently under construction, as recommended by the Town Engineer and Highway Superintendent.
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 hereby authorizes the approval of all entries on Warrant #10, following auditing by members of the Town Board and in the funds indicated:
$ 22,313.17 General Fund
$ 196.18 Part Town Fund
$ 11,907.58 Highway Fund
$ 442,429.79 Special District Fund
$ 700.00 Trust & Agency Fund
$ 2,600.95 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) 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 receive and file the following communications as entered on the agenda: New York State Assembly adopted a resolution memorializing Governor Pataki to proclaim the week of May 4 - 10, 1997 as Municipal Clerks Week in New York State.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
1) Robert Howard, 5270 Powers Road - Asked about the Warrant regarding the paying of bills.
2) Jim Grady, 6030 Scherff Road - Spoke about the abandoned building on Scherff Road across from his home. Voiced his concerns about the well in the back of the property and the possible injuries to youths who congregate there. The following motion was made on the abandon house on Scherff Road.
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 take the appropriate action to have the building, located at 6039 Scherff Road, boarded and secured by an enclosure company and the cost for said work to be placed upon the tax bill.
Before the vote was taken, Supervisor Mill pointed out that before placing an additional cost of something on someone tax bill, proper notification must be made to the owner(s). Instead of having an outside company do this work, we can have our own crews do this without involving charges added to the tax bill.
At this time, Councilwoman Ackerman withdrew the above motion on the abandoned home.
16) 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 direct the Town Attorney to proceed with the necessary legal documents to put in place provisions to correct the problems at the property located at 6039 Scherff Road, including the demolition of the building, and be it further
RESOLVED that the Town Board does hereby authorize the Highway Superintendent to take what action is necessary to secure the building and the well located at 6039 Scherff Road.
Before the vote was taken, Supervisor Mill cautioned the Board that whenever the Town assumes the responsibility for such property, the Town could be placed in an extended area of liability.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR CONTINUED
3) Carrie Kuminecz, 6054 Berkeley Drive:Commented on poor drainage in his area, and asked, since the plans and funding are now in place, when is the drainage project going to start? The Town Engineer stated it should start this summer.
4) John Snyder, 5505 Lake Avenue:Spoke about vehicles speeding on Lake Avenue, and asked what could be done regarding an unsafe well on neighboring property. The Town Building Inspector will look into the situation.
5) Tom Glenn, 5475 Lake Avenue:Commented on the traffic on Lake Avenue.
6) Dan Currie, 52 Stonehenge Drive:Asked about the amendment to the Zoning Ordinance regarding notification of proposed amendments to the Zoning Map.
7) Elaine Patell, Squire Drive:Commented on all of the present development in the Town.
8) Tom Whelan, 204 Stepping Stone Lane:Thanked all those who helped and who attended the Police Memorial Ceremony in Nottingham Village.
9) Debbie Patterson, 5139 Lake Avenue:Spoke about the traffic on Lake Avenue.
10) Alan Sutherland, 6116 Scherff Road:Commented on the Summit at Scherff stop sign.
11) Toni Cudney, 5991 Scherff Road:Suggested a list be made of all the County Roads that are in bad condition. Pressure should be brought to bear on the Erie County.
12) Robert Frantsits, 4270 California Road:Asked about the changes in the road specifications.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilman Buyer, the meeting was adjourned at 9:09 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk