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 1st day of October 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 A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the regular meetings of the Town Board, held on September 3, and September 17, 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 Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of Local Law # 2 - 1997, providing that Section 581(a) of the Real Property Tax Law and Section 339-y Real Property Law not apply to converted condominium units.
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
A. Terrance Campbell, 7723 Ellicott Road, Town Assessor- reviewed the parameters of this legislation and feels that it will close up a loophole in the current laws and greatly benefit the Town.
OPPONENTS
Peter Vinolus, 6033 Webster Road, secretary of the Quaker Hollow Homeowners Association- feels that this law should not be passed because it is unfair to privately owned complexes that have to pay for services that are provided to all the other residents by the Town.
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 Local Law # 2 for 1997 is hereby closed at 8:08 P.M., (local time).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill stated that the Board will review this matter and act on it at a another meeting.
Old Business #1 - Battista Const., 3315 N. Benzing Road; Request for a Building Permit.
3) 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 Battista Construction, 3315 North Benzing Road, for a Building Permit to construct a 6,000 sq.ft. addition to an existing building as recommended by the Planning Board, 9/3097, with the following stipulations: 1) This is an Unlisted SEQRA Action based on the submitted Short EAF and a Negative Declaration is declared. 2) The approved Landscape Plan includes 51% green space. 3) The site lighting plan is limited to the existing fixtures and poles and those noted on the approved site plan which includes two (2) new Hobble Permashield II Glass PGS-A Series 150 High Pressure Sodium Wattage fixtures adjusted to maximum cut-off angle and provided with PGPS Polycarbonate Shields for the refractors. 4) No outside storage or display is permitted. 5) The dumpster shall be screened within the existing screened area located on the northwest corner of the parking area. Any additional dumpsters shall be screened in accordance with Section 144-25 of the Town Code. 6) Engineering approval was granted on 7/19/91 for the entire parcel.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 (not on agenda) - Quaker Crossing Out Parcel, refer to Planning Board.
4) 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 refer the request by Quaker Crossing, LLC, for a Building Permit that requires Special Exception Use for a part of the Easterly Outparcel of the Quaker Crossing Retail Center, to the Planning Board and the Conservation Board. The property is currently zoned B-1 and the special exception use is being requested for two family style restaurants.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 (not on agenda) - Quaker Crossing Out Parcel; Schedule Public Hearing.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing, November 5, 1997 at 8:00 P.M., (local time), as petitioned by Quaker Crossing, LLC, for a Special Exception Use for a part of the Easterly Outparcel of the Quaker Crossing Retail Center, Zoned B-1.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
New Business #1 - Community Development Funds Project; Schedule Public Hearing.
6) 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 Public Hearing, November 5, 1997 at 8:00 P.M., (local time) for Citizens in-put on the use of the 1998-99 Community Development Funds.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 (not on agenda) - Recreation Department Appointments.
7) 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 residents appointments to the 1997 Fall/Winter/Spring Recreation Staff as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE
Lara Wutz 3274 Baker Road Guard $ 5.35
Tara Weeks 7465 Jewett Holmwood Guard $ 5.35
John Shanahan 5936 Benning Road Director $ 5.35
Sue Hecht 225 Hilltop Guard $ 5.35
Elma NY 14059
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 (not on agenda) Town Engineer to attend GIS Conference
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board hereby authorizes the Town Engineer to attend the New York State Geographic Information System Conference to be held in Albany New York, on October 6th and 7th, 1997, at town expense.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following budget transfer, as recommended by the Tax Receiver.
$ 300.00 - From: A.1330.000.413 - Travel & Conference
To: A.1330.000.450 - Publishing
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following budget transfer, as recommended by the Youth Board.
$382.00 - From: A.1910.000.480 - Contingent
To: A.7310.000.100 - Salary-Youth Board
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Barnas attended the meeting between Mr. Ball (Jim Ball Pontiac) and the Milestrip Road residents. He stated they were all able to come to an agreement over the differences regarding the problems the residents had with Jim Ball Pontiac.
Councilwoman Ackerman highlighted the following: 1) The Youth Court and their upcoming plans.
2) The United Way Drive and she would like to see a 100% participation from everyone. 3) Would like to have input from any interested parties who would like to help develop sign ordinances for plazas or any building in B-1 zoning. 4) Announced a new round of art work from the Orchard Park Schools is now on display at the Municipal Center.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, the vast majority of construction work necessary for the building and the on-site and off-site improvements has been completed for the Quaker Crossing Retail Center, and
WHEREAS, all work on the two new Town roads has been completed except for the installation of the traffic signal and street lighting at the intersection of Amanda Lane and Amelia Drive. As recommended by the project engineer, 9/15/97, initial traffic volumes at this intersection can be adequately controlled by stop signs at each of the four approaches until the signal work is completed later this month. We are in receipt of a $61,000.00 cash security which will be held escrow until the uncompleted work items are finished, and
WHEREAS, due to contractor’s delays in receiving material, a temporary traffic signal has been installed at the intersection of Milestrip Road and Amelia Drive. A letter was received from the NYSDOT dated 10/1/97 certifying that the temporary signal is operational and the proper pavement markings and signage has been installed to safely open the intersection to traffic, and
WHEREAS, other off-site highway improvements are still under construction and are expected to be completed this year. The Route 219 off-ramp has been widened to two lanes but will continue to operate as one lane until the new traffic signal has been installed at its intersection with Milestrip Road. The Lake Avenue/N. Benzing Road intersection paving and traffic signal work is not finished. The Town is in the process of reconstructing N. Benzing Road. The permanent turn-around at the end of California Road has not yet been installed and there remains some parking lot paving and miscellaneous site work to be completed at the west end of the plaza where the new Regal Amusement complex is under construction, and
WHEREAS, none of this unfinished work will have an adverse effect on public safety at the time of the Target store opening. Quaker Crossing, LLC sent a latter dated, 9/30/97 detailing the remaining work items and the anticipated schedule for their completion, and
WHEREAS, we are in receipt of the required two year maintenance bond for the highway work and we have also received the necessary metes and bounds descriptions, warranty deeds and title insurance covering the various rights of way and easements to be conveyed to the town.
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the Town Attorney to proceed with dedication of the rights of way and easements for the Town Highway Improvements associated with the Quaker Crossing Retail Center as constructed under PIP #97-08, 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, the new sanitary sewers and water lines have been properly installed in accordance with Town specifications and have been accepted by the appropriate County agencies, and
WHEREAS, we are in receipt of the required two year maintenance bonds for the sewer line and waterline work. We have also received the necessary metes and bounds descriptions, warranty deeds and title insurance covering the various rights of way and easements to be conveyed to the Town.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with dedication of the necessary easements for the sanitary sewer and public water supply improvements associated with the Quaker Crossing Retail Center as constructed under PIP #97-03, and authorize the Town Clerk to release the performance security in the amount of $ 41,500.00, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) 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 Adopt an Order authorizing stop signs to be immediately erected at the following locations, as recommended by the Town Engineer and the Town Attorney:
1. Amanda Lane at North Benzing Road
2. Carly Jane Place (private road) at Amelia Drive
3. Each of the four approaches to the Amanda Lane/Amelia Drive intersection until such time as the traffic signal has been properly installed and accepted by the Town.
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 hereby authorizes the approval of all entries on Warrant #19, following auditing by members of the Town Board and in the funds indicated:
$ 65,923.86 General Fund
$ 4,838.64 Part Town Fund
$ 1,678.10 Risk Retention
$ 56,706.54 Highway Fund
$ 50,005.17 Special Districts
$ 107,039.91 Trust & Agency
$ 316,142.35 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 communication as entered on the agenda: Erie County Division of Planning regarding the PUD & Cluster Zoning Proposed Changes.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman, the meeting was adjourned at 8:35 P.M. (local time).
The meeting was adjourned in the memory of Scott Krueger, a 1997 Orchard Park Graduate, who passed away this week. Supervisor Mill stated Scott had spent time working in the Municipal Center for part of his High School Government project. A moment of silence was held in his honor.
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk