A 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 August, 1999 at 8:00 P.M., (local time). The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
John J. Mills Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Steven P. McCarville Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Police Chief
Michael R. Merritt Town Engineer
ABSENT: Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the minutes of the regular meetings of the Town Board, held on July 7, 1999, 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.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of a Special Meeting of the Town Board, held on July 28, 1999, 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.
Supervisor Cudney explained that this special meeting was held to award the bids for the Summit Avenue Reconstruction Project for the concrete gutters. Supervisor Cudney announce that the bid was awarded to Aragona Construction Corporation, 5755 Newhouse Road, East Amherst, NY 14081, in the amount of $53,992.84, the lowest responsible bidder.
Before the vote was taken Councilwoman Ackerman stated she was abstaining from the approval of July 28th minutes since she was out of town for that meeting.
Supervisor Cudney Aye
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Abstained
Councilman McCarville Aye
The resolution was duly 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 adoption to rezone property at 3415 Orchard Park Road from R-3 to B-3, as petitioned by Robert Ellis.
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. Supervisor Cudney opened the Public Hearing and asked if there were any interested persons who desired to be heard.
Robert Ellis, 3415 Orchard Park Road: Mr. Ellis explained that due to the NYSDOT widening the road, his present building located at 3755 North Buffalo Road will be demolished and he has a suitable structure at 3415 Orchard Park Road to relocate his business if allowed to rezone. He explained that nothing would be changed on the outside structure of the building and parking would not be affected.
At this time Supervisor Cudney asked if there were any interested persons who desired to be heard.
In Favor: Richard and Grace Schmidt - 7661 Michael Road
Richard Polson - 35 Hunters Ridge Road
In Opposition: 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 property at 3415 Orchard Park Road from R-3 to B-3, as petitioned by Robert J. Ellis, is hereby closed at 8:10 P.M., (local time).
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, following due and timely notice, a Public Hearing was conducted at the Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 4th day of August, 1999 at which time all interested parties were given the opportunity to be heard relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows: To rezone from R-3 to B-3, property located at 3415 Orchard Park Road, as petitioned by Robert J. Ellis, and
WHEREAS, no recommendations from the Erie County Department of Planning, pursuant to Section 239-mm of the General Municipal Law was received and filed by the Town Board, and
WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and
WHEREAS, the Town Board did declare a Negative SEQRA Declaration,
NOW, THEREFORE, be it
RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park are hereby amended by rezoning from R-3 to B-3, property at 3415 Orchard Park Road as follows:
ALL THAT TRACT OR PARCEL OF LAND, situated in the Town of Orchard Park (formerly Town of East Hamburg), County of Erie and State of New York, being part of Farm Lot Number sixteen (16), Township ten (10) Range seven (7) of the Buffalo Creek Reservation, bounded and described as follows:
Beginning at a point on the westerly line of said Farm Lot Number sixteen (16) in the center line of the Orchard Park Road, distant seven hundred sixty- two and seventy- two hundredths (762.72) feet northerly from the southwest corner of said Farm Lot Number sixteen (16) which said southwest corner for said Lot Number sixteen (16) is also the intersection of the center lines of the Orchard Park Road and the Milestrip Road; thence easterly and parallel with the southerly line of said Farm Lot Number sixteen (16) three hundred seventy and fifty- three hundredths (370.53) feet, thence northerly at right angles to the southerly line of said Farm Lot Number sixteen (16) one hundred fifty (150) feet; thence northwesterly at an interior angle of 149 degrees, 55 minutes, forty-two and sixty-five hundredths (42.65) feet to a point; thence westerly and parallel to the southerly line of said Farm Lot Number sixteen (16), three hundred eighty-eight (388) feet; thence southerly along the center line of Orchard Park Road one hundred ninety and twenty-four hundredths feet to the point or place of beginning containing one and sixty-seven hundredths (1.67) acres more or less.
Subject to an easement in common with others for the ingress and egress of vehicular and pedestrian traffic and the installation of public utility lines along the southerly twenty (20) feet of premises described herein and the easterly twenty (20) feet of premises described herein.
This ordinance shall take effect ten (10) days after publication and posting in accordance with law, and be it further
RESOLVED, that the Town Clerk publish and post a copy of said amendment in accordance with Section 264 and 265 of the Town Law, as recommended by the Planning Board with the following stipulations: 1) Fees shall be paid in accordance with Section 144-70C, of the Town Code prior to publication of the Public Hearing Notice. 2) The recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code. 3) This request is for professional office space and there is similar zoning in the area.
The resolution was unanimously adopted.
Councilwoman Ackerman added that this building was renovated in 1991, and it is an asset to our Town as
well as Mr. Ellis and his business.
At 8:00 P.M. (local time), at the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the rezoning of vacant property located adjacent to and east of Erie Community College South, from B-2 to B-2 Special Exception Use, as petitioned by Robert & Richard Peleckis.
Supervisor Cudney opened the Public Hearing and asked if there were any interested persons who desired to be heard.
Robert and Richard Peleckis, the petitioners: Spoke on how their proposal business would benefit the community with needed service and employment.
Supervisor Cudney asked if anyone in the audience had any questions for the petitioners.
Sue Kowalski, 3972 Southwestern Blvd: Had questions about a separate turning lane and was concerned about future accidents. Ms. Kowalski also expressed concern about the hours of operation of this business proposition.
Councilwoman Ackerman asked the petitioners if they intend to develop all four acres, to which they replied that they are planning on using two acres at this time. Supervisor Cudney stated that there is no recommendation from the Planning Board at this time and the Town Board will not consider making any decision until the Planning Board reviews the project. Councilman Buyer noted that traffic studies on this site from the petitioners and the Planning Board’s correspondence from the NYSDOT, seem to conflict, this needs to be resolved. Councilman Mills asked if diesel fuel for trucks is planned and the petitioners stated just as a convenience for those trucks that use it. It will not be a commercial truck stop.
Supervisor Cudney asked if anyone from the audience wished to speak on this rezoning request.
In Favor: No one spoke.
In Opposition: No one spoke.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Public Hearing to rezone vacant property located adjacent to and east of Erie Community College South, from B-2 to B-2 Special Exception Use, as petitioned by Robert and Richard Peleckis, is hereby closed at 8:23 P.M., (local time).
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to table the decision to rezone vacant property located adjacent to and east of Erie Community College South, from B-2 to B-2 Special Exception Use, as petitioned by Robert and Richard Peleckis, until recommendations by the Planning Board are received.
The resolution was unanimously adopted.
Old Business #1Rescind Resolution #16 on the 7/7/99 Town Board Minutes
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to rescind Resolution #16 of the July 7, 1999 minutes that awarded the contract to Tom Greenauer for resurfacing the Municipal Parking Lot.
The resolution was unanimously adopted.
Supervisor Cudney explained that Tom Greenauer was given the opportunity to counter bid and declined.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to award the contract to resurface the Municipal Parking Lot to Supreme Sealing, 52 Canisius Court, Depew, New York 14043, being the lowest responsible bidder, for the amount of $3,285.00 with additional services.
The resolution was unanimously adopted.
Old Business #2 Public Safety Committee requests for guard rail, “ speed limit” and” no outlet” signs
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request from the Public Safety Committee to send a letter to Erie County requesting that a guard rail be placed on the west side of Angle Road in front of the Shelanskey residence at 3090 Angle Road.
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the posting of Ponderosa Court with “30 MPH Speed Limit” and “No Outlet” signs in the appropriate areas, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to table the request for Public Improvement Permit 1999-02 for Chestnut Ridge Subdivision, Part 4, Phase 1, until the Town Board can further review the petitioners request.
The resolution was unanimously adopted.
Alan Nigro, 4200 Thornwood Lane, Clarence: Wanted to address the Town Board due to a time constraint with his contractors. Supervisor Cudney stated that the Town Board would set up a meeting with Mr. Nigro as soon as possible to review his request for Chestnut Ridge Subdivision.
New Business #2 Town Assessor requesting to attend New York State Conference at Monticello, NY
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of A. Terrence Campbell, the Town Assessor, to attend the New York State Assessor’s Conference at Monticello, New York from September 14 - 17, 1999, at Town expense.
The resolution was unanimously adopted.
New Business #3 Kent & Dale Streets requesting to hold a Block Party on Saturday, August 21, 1999.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BYCOUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the request of Sandra J. Thomas, 17 Kent Drive, to hold a Block Party, and barricade the streets, at Kent and Dale Streets on Saturday, August 21, 1999 (a rain date of Sunday, August 22, 1999).
The resolution was unanimously adopted.
New Business #4 The Quaker Arts Festival requesting assistance from the Town of Orchard Park
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the request from Beverly Leek, Chairman of the Quaker Arts Committee for the Orchard Park Jaycees, to assist them with the Quaker Arts Festival.
The resolution was unanimously adopted.
New Business #5 Appointment to the Orchard Park Recreation Department
15) 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 the to approve the following resident appointment to the 1999 Summer Recreation Staff, upon the applicant securing the required certifications, as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE
Mike Chelus 140 Hobby Lane Guard $5.95
The resolution was unanimously adopted.
New Business #6 – #10 Refer to Planning Board & Conservation Board
16) 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 items, as entered on the agenda, to the Planning Board and Conservation Board: 1) David Huck of Regent Contracting Inc. requesting to construct a 8020 SF medical office facility and other site improvements on the east side of Taylor Road. 2) Rockford Door and Hardware Service, 3345 N. Benzing Road requesting to construct a 30,000 SF addition and other site improvements to the existing building. 3) Boston Valley Terra Cotta, 6860 South Abbott Road, requesting a building expansion of 70 ft by 100 ft within the northeast section of the site. 4) Zebb’s Deluxe Bar & Grill Restaurant, 3349 Southwestern Blvd., requesting to construct a restaurant with inside seating capacity not to exceed 260 seats. 5) Daryl Martin Architect requesting to build in Orchard Park, part of lot 27, township 10, range 7, a 13,000 SF concrete block and steel building to be used as an office and warehouse.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Cudney commented on the notice from the Erie County Industrial Development Agency that a Public Hearing will be held on September 7, 1999 at 9:00 A.M., concerning assistance to Enidine Incorporated, 7 Centre Drive. This information, with the specifics, will be filed in the Town Clerk’s Office. Supervisor Cudney also received a notice from Erie County that the city of Tonawanda will not participate in the consortium seeking Community Block Grant Funds, but will be seeking their own funding through US Housing and Urban Development Small Cities Program. This will reduce Orchard Park’s funding by 8.5% next year. Supervisor Cudney received a letter from the Erie County Water Quality Committee asking for a representative to sit on the Board. At this time she stated the Town Engineer volunteered to participate.
17) 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 appoint Michael Merritt, Town Engineer, to the Erie County Water Quality Coordinating Committee.
The resolution was unanimously adopted.
Supervisor Cudney received a letter from Bird Song Development stating they are withdrawing their request for an excavation permit, which was tabled at the July 21, 1999 Town Board Meeting. The last item Supervisor Cudney had for her report was that she had received information on the State Budget from State Assemblyman Brian Higgins in which he and the Western New York Delegation had obtained extra funds in State Aid for the Town of Orchard Park. This will be used for computer hardware replacement in the Town Clerk’s Office and Soccer Goals for the new Erie Community College South playing fields.
Councilman Mills inquired if there has been any response from Erie County on the status of Thorn Avenue. In response to that question, Councilman McCarville stated that the County was going to put repair off for a year and patch what was needed. Councilman Mills wants this issue resolved and asked Councilman McCarville to push for a definitive answer as to when this will be resolved. Councilman Buyer recommended that the Town contact Legislator Marshall to help in this situation, as he was beneficial in helping with Duerr Road. Supervisor Cudney suggested that all the Council Members as well as the Village Board, call for action on this matter.
The Town Attorney reported that a lawsuit is being commenced by Carlton Controls located in the Quaker Centre Industrial Park. Carlton Controls alleges the bonding required for the extension of Cobham Drive, which will be assessed against adjacent parcels of land, is in some way not authorized. Carlton Controls expense will be approximately $36,000.00 per year on an average and be reduced annually thereafter. Peter Krog, the developer, owns a substantial portion of land and his contribution to the construction of the new road is over $200,000.00. The Town Attorney has advised the Town Board that it would not be appropriate to award the bids for the Cobham Drive Extension because of the pending lawsuit. Saperston and Day have been retained to defend the Town with regard to this litigation.
The Building Inspector commented on an abandoned house on 101 Velore Avenue, which has been a problem for several years. Last year the Town Board ordered the lawn to be mowed and the yard to be cleaned up by the Highway Department. The cost of this will be charged back to the owner’s taxes. The owner does not live in the Town of Orchard Park and has been uncooperative in taking care of the premises. The Building Inspector stated that he has sent notice to the owner explaining that he is preparing the paperwork for the Town Board to start demolition proceedings on the property.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #15, following auditing by members of the Town Board and in the funds indicated:
$ 66,184.04 General Fund
$ 2,733.64 Part Town Fund
$ 1,475.61 Highway Fund
$ 52,128.61 Special District Fund
$ 73,799.73 Trust & Agency Fund
$ 18,838.74 Capital Fund
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications as entered on the agenda; 1) NYSDOT design approval for the reconstruction of N.Y. Route 240/277, from Clark Street in the Village, to U.S. Southwestern Blvd. 2) NYSDOT designation of Restricted Highway for a portion of N.Y. Route 277 (Chestnut Ridge Road) from .08 mile north of Gartman Road to 250 feet north of the bridge over a branch of Eighteen Mile Creek, a total distance of 0.11 mile, which will expire on November 30, 1999.
The resolution was unanimously adopted.
BUSINESS FROM THE FLOOR
Michael Phillips, 277 Hillside Avenue: Spoke in opposition of the policy not allowing life preservers to be worn in Green Lake. At this time the Supervisor referred this to the Town Attornye since the Town has rules and regulations of Green Lake/Yates Park. While the Town Attorney was checking the code book the Supervisor Cudney stated she discussed this policy with the Director of swimming at Green Lake, Flo Kirkner, and it seems the policy of not allowing life perservers in the lake is a standard policy throughout the municipal swimming programs in Western New York. The Town Attorney stated he found nothing in the Town Code Book, therefore, it is Town policy. Supervisor Cudney thanked Mr. Phillips for raising some valid points and recommends that the Town Board review this policy.
There being no more business before the Town Board, on motion by Councilman Buyer, seconded by Councilman Mills, the meeting was adjourned at 9:02 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk