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 18th 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 COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the regular meeting of the Town Board, held on July 21, 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.
Councilwoman Ackerman abstained from the approval of July 21, 1999 minutes as 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.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, on August 12, 1999 a final inspection was conducted of the public improvements constructed on Falconcrest Lane, and
WHEREAS, all of the work has been completed and found to be in accordance with the Town of Orchard Park specifications and standard, and
WHEREAS, a two year maintenance bond in the amount of $6,750.00 has been submitted
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby accept the sanitary sewer main installed on Falconcrest Lane under PIP #99-01, and be it futher
RESOLVED, that the Town Board does hereby authorize the Town Clerk to release the performance security in the amount of $1,350.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town has received an application for a Public Improvement Permit for Chestnut Ridge Village Subdivision, Part 4, Phase 1, that was approved by the Planning Board on 6/10/98 and filed with the Erie County Clerk under Map Cover #2984, and
WHEREAS, NDC Realty has requested to develop the 53 lot subdivision in two phases, and the first phase would include 26 sublots with access provided from a new town highway to be constructed off of Chestnut Ridge Road, and
WHEREAS, the proposed phasing is somewhat problematic since it would result in a temporary 700 foot gap in Ashwood Lane with residences being located on two unconnected segments of a street with the same name, but the Police Chief and Building Inspector have stated that a system for assigning addresses can easily be devised to minimize any potential confusion that may arise when dispatching emergency services, and
WHEREAS, another possibility that could be considered at the time of formal dedication of the road (following this year’s construction) would be to use a street name other than “Ashwood Lane” within Part 4 of the subdivision, although a continuous roadway with two names can sometimes create problems for mapping and commercial deliveries, the Phase 4 boundary might be a suitable location to change the street from Ashwood Lane to a different name, and
WHEREAS, the proposed split roadway may also place some additional burden on the Town for street and utility maintenance, but this is expected to be minimal and the Highway Superintendent has informed me that he has no objection to the proposed phasing plan, and
WHEREAS, the plans for the project have been reviewed by the Town Engineer and have been found to be in compliance with current Town Specifications and the required fees, bonds and insurances have been received,
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve Public Improvement Permit #99-02 for the Chestnut Ridge Village Subdivision, Part 4, Phase 1, as recommended by the Town Engineer, and be it further
RESOLVED, that the Town Board does hereby refer this request to the Planning Board for recommendations as to renaming the road, or renumbering the lots, for public safety reasons.
Councilman Buyer stated he is opposed to constructing Ashwood Lane in from Chestnut Ridge Road without connecting it to the other end of Ashwood Lane that comes in from Powers Road. Councilman Buyer stated this development was originally a controversial project, and he has some concerns about the road being completed by NDC Realty, as there have been differences with this developer. Councilman Buyer feels that the developer should not be allowed to create the road from two ends and not being joined in the middle, the road should be built completely through, and connected now, not later.
Supervisor Cudney Aye
Councilman Mills Aye
Councilman Buyer Nay
Councilwoman Ackerman Aye
Councilman McCarville Aye
Old Business #3 Request for a Change in Use as petitioned by Robert Ellis, 3415 Orchard Park Road
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town Board has approved the rezoning of 3415 Orchard Park Road, from R-3 to B-3, and
WHEREAS, Robert Ellis has requested a change in use, from a residence to professional building
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the request of Robert Ellis, 3415 Orchard Park Road, for a Change in Use from a residence to a profession building.
The resolution was unanimously adopted.
Old Business #4 Marriott Senior Living Service, 3970-3980 N. Buffalo St., requesting a building permit
Prior to offering a resolution, Councilman Buyer requested the petitioner to clarify the Landscape Plan as to the identification and retention of the existing trees as stipulated in the 10/21/98 resolution. Mr. Ray Staple, of Harris Beech & Wilcox, representing the Marriott Senior Living Service, came forward with the current Landscape Plan, which did not identify the trees to be retained. Town Engineer Merritt also expressed concern that the engineering comments were not included in the Planning Board resolution as water usage is a very large issue with this project, and there are certain limitations that need to be addressed with the water system devised for this project. The Town Board discussed the items of concern with Mr. Staples, and asked if they could be addressed in time for the Conservation Meeting on 8/31/99. It was also discussed that the Engineering comments should be added to the resolution in time for the 9/1/99 Town Board meeting. Mr. Staples felt that the Marriott’s engineers would be able to accomplish what was requested.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board still has concerns regarding the current Marriott Senior Living Services Landscape Plan’s lack of identification of trees to be retained, and
WHEREAS, the Town Board does refer the landscape plan for the Marriott Senior Living Service back to the Conservation Board for further review and clarification of the identification and retention of existing trees, the same trees that were approved at the 10/21/98 meeting, and
WHEREAS, the Marriott Corporation’s representative said they will be able to comply with this request in time for the August 31,1999, Conservation Board meeting, and
WHEREAS, the Town Engineer feels that the Engineering comments need to be added to the resolution approving the Building Permit
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to table this resolution until the 9/1/99 Town Board Meeting.
The resolution was unanimously adopted.
Old Business #5 Request to rezone vacant land on Southwestern Blvd.
6) 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 approve the request of Robert and Richard Peleckis to rezone vacant land, south side of Southwestern Boulevard, from B-2 to B-2 Special Exception Use to construct an automotive service station, as recommended by the Planning Board with the following stipulations:
1. This is an Unlisted SEQR Action based on the submitted Full EAF parts 1, 2 and 3 and a Negative declaration is made.
2. Fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice.
3. The recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans dated 7/9/99, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
4. The project is in compliance with the Town’s long range comprehensive plan.
5. The applicant has demonstrated a need for the project.
6. The project is compatible with adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land value or public safety.
7. The applicant has demonstrated an orderly flow of traffic ingress and egress.
8. The applicant has provided suitable parking facilities.
9. Landscaping as indicated on the proposed plan will provide adequate screening.
10. Fees for recreation are not required.
11. The nearness and impact on schools and utilities is not an issue.
12. The health and safety of adjacent properties is not affected.
The Town Engineer, Michael Merritt, stated that in reviewing the preliminary layout it looks like there may not be adequate land to accommodate all that is planned on the parcel that they are requesting the rezoning for. The Building Inspector, Joseph Campion, stated that he had spoken to the petitioners and indicated if they rezone the whole parcel at this time they would be restricted to using the entire piece as a convenient store and gas station. With that they chose to apply for rezoning for a portion of the property. The petitioners are aware that if the final site plan is unacceptable, they may have to come back to the Town Board to rezone another piece of their parcel.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Town Board has received from Dominic Piestrak, representing DPS Southwestern Corp., an application for a Public Improvement Permit to construct the next phase of the Birdsong Subdivision which will include 1780 L.F. of new roadway and public utilities to serve 20 residential sublots, and
WHEREAS, on August 11, 1999, the Planning Board approved a map cover revision (#3005) that shifted the alignment of Birdsong Parkway approximately 60 feet to the south at the eastern end of Phase 2 in order to improve the marketability of the building lots on the west side of Birdsong Parkway, and
WHEREAS, the plans and specifications for the proposed project have been reviewed and found to be in compliance with current Town specifications and the necessary fees, bonds, and insurance are in place
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Public Improvement Permit #99-03 for Birdsong Subdivision, Part 1 Phase 2, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Approve the request to hold the Orchard Park 1999 CROP Walk for Hunger
8) 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 the Orchard Park CROP Walk Coordinating Committee to hold the 1999 Orchard Park CROP walk on Sunday, October 3, 1999.
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYERS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize Councilman Mills, Town Engineer Merritt and Highway Superintendent Geitter to make site investigations of yard waste compost facilities in Schenectady County, Rotterdam, Saratoga Springs and Colonie, at Town expense.
The Town Engineer, Michael Merritt, stated that the information they will gather at these sites will help in the design and operation of the new compost site that the Town of Orchard Park is building, and will also hopefully minimize some of the errors in developing this kind of operation.
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 Building Inspector, Joseph Campion, to attend the Annual New York State Building Officials Conference in Ellenville, New York, September 15th, 16th and 17th, 1999, at Town expense.
The resolution was unanimously adopted.
New Business #5 Approve request for Building Inspector & one Assistant to attend in-service training
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Building Inspector, and one Assistant Building Inspector, to attend a six (6) hour in-service training course covering Masonary and Gypsum Fire Walls, Compensation Insurance requirements and the Insurance Service Rating System at the Buffalo Marriott on October 19, 1999, at Town expense.
The resolution was unanimously adopted.
New Business #6 Approve request for a directional sign on Ellicott Road
12) 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 approve the request of the Buffalo Ski Club to place a directional sign at the Southwest corner, 250 feet west, of the intersection of Ellicott Road and Cole Road.
The resolution was unanimously adopted.
New Business #7 Authorize the advertisement of bids for Police Uniform Parts
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, the Town Board does hereby authorize the Police Chief to advertise for bids for “Police Uniform Replacement Parts” with an opening date to be determined.
The resolution was unanimously adopted.
New Business #8 Approve request of to complete reclamation work at the New Compost Site
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize Oliveri Development, 4337 Sowles Road, Hamburg, New York, to complete the reclamation work at the Town’s New Composting Site, and the insurance requirements have been met.
The resolution was unanimously adopted.
New Business # 9 Refer to the Planning Board and Conservation Board
15) 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 the following item, as entered on the agenda, to the Planning Board and Conservation Board: Victor Liberatore, 3847 Southwestern Boulevard, request for a Change in Use from a business to a restaurant/lounge facility.
The resolution was unanimously adopted.
16) 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 approve the creation of the position of one Civil Service Title “Maintenance Crew Chief” (Pending Jurisdictional Classification).
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN , TO WIT:
RESOLVED, that the Town Board does hereby appoint Tad Beale to the position of “Maintenance Crew Chief”, at range 060, step D of the non-union wage scale.
The resolution was unanimously adopted.
18) 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 approve the creation of the position of one Civil Service Title “Arborist” (PT) (Pending Jurisdictional Classification).
The resolution was unanimously adopted.
Supervisor Cudney reported that the Recreation Department is going back to its, Fall, Winter, Spring hours as of August 23, 1999. She also commented on the Recreation Policy prohibiting the use of inflatable devices in Green Lake. She stated this issue was discussed at a work session by the Town Board, and that the Town Board is going to refer this to the Recreation Commission and the Town’s Insurance carriers for further study and comment. Supervisor Cudney said that she was notified by Senator Dale Volker, and Assemblyman Brian Higgins, that the State Budget has been completed. The Senate has approved a New York State Senate Initiative and the Town will receive $10, 000 under that initiative, and through the Assembly the Town will receive $12,000 for computer upgrades in the Town Clerk’s office and for the Town’s new soccer program.
Councilman Mills announced that there is going to be a vacancy on the Zoning Commission, and at the end of the year, there is going to be a vacancy on the Planning Board. He asked that the newspapers would announce this so that interested citizens would come forward to serve the Community on one of these boards.
Councilman Buyer stated that there are two newly created positions open, one as Alternative Planning Board Member and the second as Alternative Zoning Board of Appeals Member. These positions are to fill in for board members who are unable to attend a scheduled meeting. Councilman Buyer has applications for these positions and would like to see these vacancies filled. Supervisor Cudney commented and stated there are still resumes from interested citizens on file that need to be evaluated prior to making any appointments. There was some discussion regarding advertising for these positions as well as looking at the current people available. The Supervisor offered a resolution to advertise for these openings, the resolution failed to receive a second.
Councilwoman Ackerman wished to point out that the next rotation of art work from the Orchard Park High School students is now on display in the Municipal Building. She encouraged everyone to come in and view the incredible talent of our local students.
Councilman McCarville stated that Thorn Avenue is on the County schedule to be resurfaced next year. The Town has let the County know that some form of work needs to be done on the poorer areas of the road. The County has indicated that they were going to do repairs to the road. Councilman McCarville stated if the Town wants more than just a resurfacing job done the Town and the Village should put their concerns into a letter to County Deputy Highway Commissioner Commerford. Town Engineer Merritt said that the Town should call Deputy Commerford to find out exactly what the County plans to do on Thorn Avenue next year.
Police Chief McCune said there are many requests from the citizens to enforce speed limit signs in their neighborhoods. Chief McCune stated that the police can’t be everywhere, but it would help if all the citizens were conscientious and paid attention to the rules of the road.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #16, following auditing by members of the Town Board and in the funds indicated:
$ 82,413.23 General Fund
$ 80.76 Part Town Fund
$ 400.00 Risk Retention
$ 6,250.50 Highway Fund
$ 77,949.84 Special District Fund
$ 1,097.34 Trust & Agency Fund
$ 21,547.38 Capital Fund
The resolution was unanimously adopted.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, 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: Erie County Industrial Development Agency (ECIDA) will conduct a public hearing, September 13, 1999 at 11:00 AM, for the purpose of construction and operation of an approximate 13,000 square foot building addition and related improvements to be used for manufacturing, warehousing, distribution and related purpose. Location of project will be 3345 N. Benzing Road, Orchard Park.
The resolution was unanimously adopted.
21) 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 receive and file the following reports: 1) Building Inspector’s Monthly Report & Building Permits for July 1999. 2) Orchard Park Police Chief’s Monthly Report for July 1999.
There being no more business before the Town Board, on motion by Councilwoman Ackerman, seconded by Councilman McCarville, the meeting was adjourned at 9:15 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk