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 6th day of October, 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 BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the minutes of the regular meetings of the Town Board, held on August 18, September 1, and September 15, 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.
At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of Local Law #4-1999, which provides as follows: A moratorium on applications for Planned Unit Developments and Cluster Developments until February 1, 2000.
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.
Councilman Mills stated that the reason the Town Board wishes to extend the Moratorium on Planned Unit Development and Cluster Development, which is an extension of the previous law which expired in September, is to give the Zoning Commission additional time to conclude their evaluation of these two ordinances in the Zoning Code.
Anne Bergantz, the chairperson for the sub committee for the Zoning Commission, spoke on the rewriting of the Zoning Code that was targeted for completion on September 1, 1999. Mrs. Bergantz explained that it has taken more time to complete the rewriting due to the research of industrial, commercial and residential real estate within the town, therefore, Mrs. Bergantz requested that the committee would like six more months to finalize the proposal before submitting it to the community.
Councilman Buyer asked Mrs. Bergantz when this information will be submitted to the Town Board. Mrs. Bergantz didn’t have a time frame, but explained that the issues could be addressed according to the time schedule of the participants on the Zoning Commission and Town Board.
Marvion Ashburn, 6326 Benning Road: Mr. Ashburn feels there are many areas we still need to research.
Ray Paolini, 7303 Michael Road: Mr. Paolini is skeptical of the four month deadline and would like to see the old law abolished.
Mike Crashall, 7283 Michael Road: Mr. Crashall wants to get rid of the old law and write a new one.
Anne Bergantz, 320 Stonehenge Drive: Ms. Bergantz spoke in opposition of removing the law completely from the books, but spoke in favor of the moratorium until February 1, 2000.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY C OUNCILMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby close the Public Hearing in the matter of Local Law #4-1999, at 8:14 P.M., (local time).
Councilman Mills stated that the probable recommendation to the Town Board would be to strike the P.U.D. from the ordinance, but on the matter of the Cluster Development, the Zoning Commission would like to be able to have some location restrictions on the ordinance for the entire community.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, following due and timely notice a public hearing relating to the matter of Local Law #4- 1999, imposing a Moratorium on Cluster Development and Planned Unit Development until February 1, 2000 was conducted on the 6th day of October 1999, at which time all interested parties were given an opportunity to be heard
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to adopt Local Law #4-1999 which provides and follows:
· A moratorium is hereby imposed on all applications for Planned Unit Development and Cluster Developments.
· The Town of Orchard Park Planning Board is hereby directed not to consider any further applications for Planned Unit Developments of Cluster Developments.
· The above referenced moratorium shall commence upon the filing of this law and shall be in effect until February 1, 2000.
· This law supersedes the provisions of the New York Sate Law §261, §267, §278 and §281, relating to Planned Unit Developments and Cluster Developments.
· This local law shall take effect upon filing with the Secretary of State.
Councilman Buyer voted in favor of the local law with reservation since it has taken so long to conclude. He stated he was leery of another extension plus the possibility not to enact the new recommended Cluster ordinance.
Councilman Mills stated that the document is ready and waiting for the Town Board and Zoning Commission to make their decision and establish a Public Hearing.
Supervisor Cudney stated that this issue is complicated and in order to get the best possible ordinance it has taken a greater length of time. She explained to Councilman Buyer that at any time the Town Board may enact a new law and let the moratorium end on February 1, 2000.
Councilman Mills stated it is now up to the Town Board to move ahead and should be ready for the their review before January 1, 2000.
Councilwoman Ackerman asked the Town Attorney since the time has expired on the moratorium and the law was not enacted at this Town Board meeting, would the Town therefore need another Public Hearing to remove the existing law which would subsequently leave the Town unprotected as to whether or not applications can be submitted for P.U.D. and Cluster Developments. The Town Attorney agreed. Councilwoman Ackerman went on record to say she will not vote for another moratorium, rather in favor of a reversal of the law if the work is not completed by February of 2000.
Town Attorney Berkowitz stated that the Town Board could schedule two Public Hearings if the ordinance is not adopted in the 3rd week in January, 2000 to rescind the existing law and for the Local Law #4 -1999.
Councilwoman Ackerman added that recodification of the law would be costly to the town.
Councilman McCarville agreed with the continuance of the moratorium for the good of the town.
Supervisor Cudney agreed with the sentiments of the Town Board and will not vote to extend another moratorium of this law after February of 2000.
The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
Supervisor Cudney Aye
Councilman Mills Aye
Councilman Buyer Aye
Councilwoman Ackerman Aye
Councilman McCarville Aye
Old Business #1 Decorative street lighting proposal for the Fernwood Hollow Subdivision
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, a proposal was presented by New York State Electric & Gas for the installation of decorative street light fixtures on Fernwood Drive in the Fernwood Hollow Subdivision, and
WHEREAS, the 3300 lumen H.P.S. luminaries, which are owned and maintained by NYSEG, are to be placed on top of the aluminum posts that were installed by the developer under PIP# 98-03. The posts and underground wiring, are owned and maintained by the Town, and
WHEREAS, the proposal is for seven (7) fixtures to be installed at an annual charge of $114.76 each for a total cost of $803.32, and
WHEREAS, presently there are eight (8) homes occupied and two under construction of the 17 sublots situated along Ferndale Drive. The number meets the Town’s policy for the installation of the decorative lighting,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize NYSEG to install seven (7) 3300 lumen high pressure sodium decorative light fixtures on Fernwood Drive at a cost of an annual increase of $803.32 to the Consolidated Light District in accordance with their proposal dated August 13, 1999, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #2 Change order request to engineering contract for Quaker Ctr. Ind. Park, Phase 5,6
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, during the final stages of the design of the extension of Cobham Drive in the Quaker Centre Industrial Park it became necessary to have the consultant engineer provide additional services beyond the scope of work as originally contracted for this project and even though the bids for the new road have not been awarded due to pending litigation, the Town is still obligated to compensate our consultant for the additional work as outlined in the attached change order request, dated September 24, 1999, and
WHEREAS, the additional services involved three areas of work, first, the initial testing of the existing pond, as authorized under Change Order #1, indicated the presence of some heavy metals and the consultant was directed to take additional soil and water samples for analytical testing, which were found to be negative and free of contamination, and
WHEREAS, secondly, the Corps of Engineers refused to issue a federal wetlands permit for the Smokes Creek highway crossing until a full wetlands delineation was done of the entire 35 acre parcel and the owner of the industrial park property refused to pay for this survey, the Town Attorney determined that the required survey could be considered a legitimate project expense and the cost could be appropriately charged against the special assessment area and the additional wetlands delineation was then ordered, and
WHEREAS, thirdly, additional land surveying was ordered to satisfy the request of Carlton Technologies, Inc., because the Town needed a permanent easement from Carlton in order to properly install the twin culverts in Smokes Creek, and the consultant was directed to stake out the proposed easement boundaries so that representatives of the firm could determine the exact limits of the proposed construction work
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize to approve Change Order #2 to our contract with Pratt & Huth Associates, LLP to provide additional engineering services for the Quaker Centre Industrial Park, Phases 5 & 6 Project in the amount of an increase of $8,504.60, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #3 David Lelonek, 6661 Ward Road: Out of District Water Customer
6) 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 approve the request of David J. Lelonek, 6661 Ward Road, Town of Boston, New York to become an Out of District Water Customer in Orchard Park Water District #17.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby authorize to award the bid for Police Uniform Parts to Brownies Uniform Company, 739 Main Street, Buffalo, New York, they being the lowest responsible bidder thereof, as recommended by the Chief of Police.
The resolution was unanimously adopted.
New Business #1 Schedule Public Hearing for Preliminary Budget
8) 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 to schedule a Public Hearing for the Preliminary Budget on October 20, 1999 at 8:00 P.M. (local time), and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #2 Schedule Public Hearing for the Benefit Basis Special Districts Budget
9) 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 to schedule a Public Hearing for the Benefit Basis Special Districts Budget on October 20, 1999 at 8:00 P.M. (local time), and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #3 Appointment of Secretary to the Supervisor, Deborah Ellsworth
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the appointment of Deborah Ellsworth, 7850 Behm Road, Orchard Park, to the position of secretary to the Supervisor, effective payroll #21, September 20, 1999, as recommended by the Supervisor.
The resolution was unanimously adopted.
New Business #4 Proclamation in honor of William J. Mariani
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, William J. Mariani, a graduate of St. Bonaventure University with both Bachelor’s and Master’s Degrees had served Erie Community College as an executive Dean of Workforce Development and Professor of Business, and
WHEREAS, William J. Mariani possesses outstanding education, experience, accomplishments, reputation and character, and
WHEREAS, William J. Mariani is described as a visionary executive officer, effective communicator/team builder and global educational thinker, and
WHEREAS, after a nationwide search, William J. Mariani has been officially named the Eighth President of Erie Community College, and
WHEREAS, William J. Mariani is a valued resident of the Town of Orchard Park of whom we are all proud
The resolution was unanimously adopted.
New Business #5 Jim Ball Pontiac, 3475 Southwestern Blvd: Request to extend west/s. west of bldg.
12) 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 to the Planning Board and the Conservation Board, the request of Jim Ball Pontiac, 3475 Southwestern Blvd., to extend the used car department on the west/southwest corner of the existing building.
13) 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 to the Planning Board and Conservation Board, the request of Anderson’s Restaurant, 3030 Union Road, to add a drive through access lane and window.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the request of the Orchard Park Middle School to hold their “Red Ribbon Day” Parade in honor of drug free students on Wednesday, October 27, 1999 beginning at 1:00 P.M. at the Orchard Park Middle School with a rain date of Thursday,
October 28, 1999.
The resolution was unanimously adopted.
Supervisor Cudney reported that Kurt Buranich, the Disaster Planning Coordinator, sent a communication on the incident that occurred on Saturday, October 2, 1999 in the Town concerning a natural gas line leak, which was read to the audience. Supervisor Cudney recognized the fine response from all the emergency personnel and police department in Orchard Park including Kurt Buranich, Councilman Mills and Chief McCune. Councilman Mills reiterated the exemplary performance of all involved.
Supervisor Cudney announced that their will not be a work session on Wednesday, October 13, 1999 due to a teleconference in which the Town Board will participate at the Cooperative Extension Center located at 21 South Grove Street in East Aurora. The teleconference is a final Y2K update sponsored by the State of New York.
Supervisor Cudney attended a meeting as a member of the consortium overseeing the Rural Transit Van and gave a brief report to the Town Board. Supervisor Cudney mentioned that they purchased a new wheelchair van that will be in service in December. The Committee overseeing the Rural Transit Van recommended a budget of $122,605.00 which must be finalized by Erie County Legislature. The drivers of the vans are totally volunteers, most notably F. Stewart Crosley, and Supervisor Cudney thanked them and appealed to anyone that may be inclined to help drive.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does declare the following Highway Department units surplus to be sold at and a Contractors Auction held on Saturday, October 9, 1999-one (1) 1970 Industrial Ramp-Type General Trailer #18S707, one (1) 1988 Ford Pickup Truck #2FTEF15Y2JCB37900, one (1) 1988 Dodge Pickup Truck #1B7HD14Y7JS754550, one (1) 1978 International Dump Truck #CA257HGB22034, one (1) 1979 International Dump Truck #CA252JHA21836, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
Councilman Mills stated Stueben Foods is planning to install an automatic feeder to the sewer effluent for the purpose of adding chemicals to eliminate the odors in the sewer line on Milestrip Road caused by the plant.
Councilman Buyer informed the Town Board that an organization called the Ellicott Taxpayers Association is concerned with traffic and safety issues along Route #240. This organization plans to conduct a petition drive to submit to the State of New York and Councilman Buyer in agreement with the Association, forwarded a letter to Robert J. Russell, the regional director of the New York State Department of Transportation in favor of an evaluation addressing these concerns and recommendations outlined by the Ellicott Taxpayers Association.
Supervisor Cudney also sent a letter on the above issue to Robert J. Russell on behalf of the Town Board.
Building Inspector Campion reported that the owner of the vacant house at 101 Velore Avenue is removing the siding and has contracted to demolish the house.
Police Chief McCune reported on Thursday, October 14, 1999 the Erie County Traffic Safety Commission in conjunction with area police departments are holding a child safety seat inspection at the Orchard Park Fire Hall on School Street from 4:00 P.M. to 6:00 P.M. Police Chief McCune stated that on Saturday, October 16, 1999 the annual bike auction will be held at the Municipal Building at 10:00 A.M.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, SECONDED BY COUNCILWOMAN ACKERMAN, 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:
$123,731.40 General Fund
$ 5,121.68 Part Town Fund
$ 2,572.52 Risk Retention
$ 29,769.51 Highway Fund
$ 83,664.56 Special District Fund
$ 5,443.93 Trust & Agency
$ 34,246.83 Capital Fund
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following report: 1) Chief of Police’s Monthly Report for September 1999.
The resolution was unanimously adopted.
Mike Crashall,7283 Michael Road: Spoke in the matter of P.U.D. and Cluster Developments, Mr. Crashall wanted to know how long residents will have to respond to the decision of the Town Board on the proposed ordinance.
Ray Paolini, 7303 Michael Road: Was concerned about parking on Route #20 A. Chief McCune is meeting with school administration and STAPCOM to resolve the problem of student parking. Mr. Paolini asked Town Engineer Merritt about the study of the intersection at Milestrip and Baker Roads. The Town Engineer explained 0that the capital funds are in the budget for the beginning of the design from last year and the Town Board has the intention of transferring from undesignated capital an additional amount of monies to cover the amount requested. Town Engineer Merritt added that the next step would be to hire a consultant and start working on the design of the intersection.
Henry Dinder, 4270 Abbott Road: Is concerned about the unsafe, unkempt conditions and poor lighting of Abbott Road area. Councilman Buyer suggested that these concerns be included in a work session. Supervisor Cudney has spoken to Erie County and the Highway Superintendent on sweeping the streets.
There being no more business before the Town Board, on motion by Councilwoman Ackerman, seconded by Councilman Buyer, the meeting was adjourned at 9:16 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk