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 1st day of September, 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
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Police Chief
Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
ABSENT: Steven P. McCarville Councilman
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, on August 18, 1999 the Town Board and the Engineering Department had serious concerns about the potential detrimental effect that the proposed Brighton Gardens project could have on the Town’s public water system and the proposed landscape plan, and
WHEREAS, the Town’s water system north of the Village is over 70 years old and the existing water line on North Buffalo Road, supplied by the Village of Orchard Park water system, is the sole source of potable water for a large section of the Town presently serving 780 business and residential customers that includes the Eggert Road Elementary School, and
WHEREAS, in November of 1997, at the first meeting with Marriott representatives and Town Officials, the Town Engineer had reservations about the existing water system’s capacity to provide adequate fire protection and domestic water service to this residential building proposed for 3970 North Buffalo Road. Marriott and their consultant engineers have devised an internal water system that will meet their minimum building requirements without adversely impacting current Town of Orchard Park water customers. This private system will be expensive, but it is absolutely essential if the project is to move forward at this time, and
WHEREAS, The Town Engineering Department with the assistance of the Sewer & Water Department conducted a series of flow tests on the existing water system in the vicinity of their proposed facility witnessed by Marriott’s consultant engineers. The results of the tests demonstrated that the Town’s existing system could not even approach the minimum water requirements for their proposed building. At that location, our water system is capable of delivering a fire flow of only 220 gpm at 20 psi residual pressure, and
WHEREAS, when the system was subjected to that maximum draw for a period of only 5 minutes, the operating pressures in the remainder of the system dropped dramatically, prompting immediate complaints from some of our customers about low pressures and dirty water. For the peak domestic demand tests, several different diameter nozzles were used to simulate the various sizes of the service connections requested by Marriott . Again, the results of the tests proved that the Town’s system could not deliver a sufficient supply of water to meet the minimum building requirements without severely diminishing the water service supplied to the Town’s existing customers throughout the system, and
WHEREAS, the consultant engineers have designed an internal fire protection system that is capable of meeting Marriott’s needs that has reportedly received the approval of their insurance carrier. The building will contain a 15,000 gallon tank with a pump driven by a 25 horsepower electrical motor to supply a sprinkler system for multiple control zones with fire walls and fire doors strategically located in order to comply with New York State building codes. This system will be backed up by a diesel powered emergency generator, and
WHEREAS, this private fire system is designed to operate independently of the Town’s water system in the initial stages of a fire event so that volunteer firefighters on the outside of the building will be able to utilize the maximum available flow that the public water supply is capable of delivering through a new hydrant that will be installed near the entrance driveway. The tank will be supplied by a 2 inch diameter fire service line with appropriate valve controls to limit the maximum draw on the Town’s public water system to 60 gpm which will be used to replenish the storage tank only after the volume has been reduced below a predetermined critical level, and
WHEREAS, the consultant engineers have also designed a 2 inch diameter water domestic service line with appropriate valve controls to limit the maximum draw on the Town’s public water system to 60 gpm as well. This system will also be backed up by the emergency generator, and
RESOLVED, that this approval is granted for the Brighton Gardens of Orchard Park project with the following stipulations as recommended by the Town Engineer, and the Planning Board:
1. This is an Unlisted SEQR Action based on the submitted Long EAF, Parts 1 & 2 and a Negative Declaration is made.
2. A three year Landscape Completion bond in the amount of $96,179.00 or a Certified Check in the amount of $48,089.00 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 53% green space, must be presented to the Town Clerk before a building permit is issued.
3. The site lighting plan is limited to those fixtures and poles included on the approved site plan.
4. No outside storage or display is permitted.
5. Dumpsters as shown shall be screened by split block enclosures with screening on top to control litter along with any additional dumpsters all of which shall be screened in accordance with Section 144-25 of the Town Code.
6. Backup generator shall be located indoors or in an auxiliary split block structure to match the proposed dumpster enclosure with four (4) walls and a roof. Mufflers, exhausts and ventilation openings shall be engineered and located to minimize off site noise pollution.
7. Parking is approved with 56 shown parking spaces with 16 additional reserved parking spaces if deemed necessary by the Town at a later date.
8. Odor reducing modulars and cleaning units shall be provided.
9. The development shall be approved under the special exception use permit and all site plans shall be reviewed with the Planning Board.
10. Town Engineering approval has been granted as of 8/11/99.
11. The petitioner will obtain Town Board approval before adding any additional specialized treatment unit.
12. All understandings and agreements both written and verbal, between the petitioner and the Planning Board during discussion of this project will apply as conditions of approval.
13. Private, internal water storage and pump storage systems of adequate capacity for fire protection and domestic demands be incorporated in the building with an emergency power supply and appropriate control devices as outlined in the engineering report dated August 9, 1999 prepared by Bergmann Associates, P.C. and approved by the Town Engineer.
14. The building’s fire service and domestic service waterlines be limited to 2 inch diameter piping with appropriate valve controls to limit the maximum draw on the Town’s public water system to 60 gallons per minute or that maximum draw on the Town’s Public Water System which will not adversely affect other water customers as determined by the Town Engineer.
15. The building’s internal fire protection and domestic water systems be properly maintained, monitored by the owner and periodically inspected by the Town, and remain in use until such time as the Town’s public water supply system is improved to the extent that it is capable of providing greater service.
16. Final approval by the Town Board for issuance of Certificate of Occupancy shall be contingent on the petitioner conforming to all conditions and stipulations specified by the Conservation and Planning Boards as recorded in the minutes.
The resolution was unanimously adopted.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, an application has been received from Timothy J. Morgan, representing Forbes Homes, Inc., 2635 Millersport Highway, Getzville New York, for Public Improvement Permit #99-04 to construct Part 1, Phase 2 of the Forest Creek Subdivision, which will include 2,555 L.F. of new roadway and public utilities to serve 31 residential sublots , and
WHEREAS, plans and specifications for said project are in compliance with current Town specifications and all necessary fee, bonds and insurance have been submitted
RESOLVED, that the Town Board does hereby authorize approval of Public Improvement Permit #99-04 for the Forest Creek Subdivision, Part 1, Phase 2, as recommended by the Town Engineer.
New Business #2 Retain the services of a Consultant Engineering Firm for PIP #99-04
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the developers of the Forest Creek Subdivision, Part 1, Phase 2, have applied for a Public Improvement Permit #99-04, and
WHEREAS, the Engineering Department of the Town of Orchard Park does not have staff available for construction inspection on this project so the assistance of a consultant engineering firm will be required for that purpose, and
WHEREAS, the Town is in receipt of a proposal from Krehbiel Associates to provide the services of Mr. Elmer Thoman for onsite inspection when required at a billing rate of $42.00 per hour which includes expenses, overhead and profit. Mr. Thoman has inspected construction work for the Town in the past and has proven to be very competent, and
WHEREAS, The Town has received $27,250.00 in PIP inspection fees from the developer which should be adequate to cover the costs of the consultant
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an Agreement with Krehbiel Associates, P. C. , 1870 Niagara Falls Boulevard, Tonawanda, New York 14150 to provide inspection services on PIP #99-04 for the construction of the Forest Creek Subdivision, Part 1, Phase 2, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #3 Fall/ Winter 1999-2000 Staff Appointments for the Recreation Department
4) 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 following resident appointments to the Fall/Winter Recreation Staff. All appointments are dependent upon applicant’s securing the required certifications, as recommended by the Recreation Director:
NAME ADDRESS POS. RATE
Flo Kirkner 16 Bender Drive Dir. $8.00
Jamie Keats 133 Lincoln Ave. Dir. $8.00
Mike Murphy 6 Westview Place Dir. $6.50
Pat Fitzgerald 6231 Bunting Road Office $6.25
Julie Burakowski 4088 Baker Road Guard $6.50
Eva Szinger 30 Carey Drive Sub. $6.25
Sue Wiencek 6344 Milestrip Road Dir. $6.50
Sara Wiencek 6344 Milestrip Road Sub. $6.00
Kristina Moore 136 Broadmoor Synch. $6.25 Swim Dir.
Ralph Geschwill 17 Burbank Drive Dir. $6.50
Lynda Somerville 46 Chauncey Lane Dir. $6.50
Andrew Adelman 14 Eagle Heights Dir. $6.50
Paul Kostelny 6640 E. Webster Road Dir. $6.50
Mike Boller 7345 Ellicott Road Sub/Guard $6.50
Bernie Smith 39 Rainbow Sub/Guard $6.50
Chris Holtz 6887 Webster Road Sub/Guard $6.50
Christen Besanceey 73 Briar Hill Road Guard $5.50
The resolution was unanimously adopted.
New Business #4 Advertise bids for a New Plow Hitch for the Highway Department
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to advertise for bids for one (1) New Plow Hitch complete to be mounted on town-owned John Deere 544 high lift for the Highway Department. All bids to opened, September 13, 1999 at 11:00 in the Supervisor’s conference room. Complete specifications for the above bid may be obtained from the office of the Highway Superintendent at 4350 South Taylor Road, Orchard Park, during regular business hours.
The resolution was unanimously adopted.
Supervisor Cudney announced that the Aqua Tech Environmental, Inc., who the Town has contracted for the season, will be treating Green Lake for the algae and weed problems on September 8, 1999, weather permitting. Green Lake will be posted with restrictions and extra police patrol for 24 hours. The Supervisor also stated the Town Historian, John Printy, submitted his annual report, and informed the Town Board that the first floor of the Jolls House is renovated and restored with exhibits on display. The Supervisor commented on Governor Pataki’s local government summit scheduled for Western New York on September 22, 1999, on Y2K issues that will be held at the Noco Pavilion at the Sheridan Golf Course on 450 Ensminger Road, Tonawanda, from 7:00 P.M. to 9:00 P.M.
Councilman Mills reported on his weekend trip to the Eastern part of the state taken with the Town Engineer and Highway Superintendent for the for the purpose of visiting composting sites. They brought back photographs and information that will be compiled for the public and press. At this time Town Engineer Merritt stated that the time spent with the operators of each site was invaluable for the plans of our Town’s project. Councilman Mills concluded that a proper management plan is essential for a successful completion in reference to emitted odors from the compost site. He also commented that Councilwoman Ackerman was honored by Eckert Drug Store Corporation for Community Service.
Councilwoman Ackerman stated that the Erie County Department of Environment and Planning will hold the Household Hazardous Waste Drop-Off Day on September 11, 1999, from 9 A.M. to 2 P.M., at the Buffalo Psychiatric Center located on Forest near Elmwood. Councilwoman Ackerman also mentioned that the Northeast Southtowns Solid Waste Committee has compiled a report from 1997 through 1999, listing items that have been recycled from waste drop off days with approximate cost per year to recycle.
Police Chief McCune stated that he attended a meeting with Supervisor Cudney, Mayor Dickman and the representatives from the Orchard Park High School concerning the parking problems that occurred at the end of the school year on Route 20A., Jolls Lane, Wellington and Sunset Terrace. Another meeting is planned with STAPCOM and will include the students’ input to alleviate the problem.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant # 17, following auditing by members of the Town Board and in the funds indicated:
$ 79,865.08 General Fund
$ 4,359.72 Part Town Fund
$ 26,959.96 Highway Fund
$ 45,112.55 Special District Fund
$ 5,380.02 Trust & Agency Fund
$ 10,258.376 Capital Fund
The resolution was unanimously adopted.
7) 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 Communications as entered on the agenda; Erie County Department of Environment & Planning: Saturday, September 11, 1999, Household Hazardous Waste Drop-Off Day, from 9 A.M. to 2 P.M. at the Buffalo Psychiatric Center located at Forest, near Elmwood.
The resolution was unanimously adopted.
Robert Frantsits, 4270 California Road – Wanted to know if California Road was being expanded to a four lane highway. Supervisor Cudney said she would check with the Erie County Highway Department. Mr. Francis also wanted to know if there was a railroad transportation station planned for the California and Ellis Road area. Supervisor Cudney explained that the Buffalo Bills had negotiated this with their lease and to her knowledge nothing was proceeding on that issue at this time.
There being no more business before the Town Board, on motion by Councilman Buyer, seconded by Councilman Mills, the meeting was adjourned at 9:32 P.M.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk