1997 23rd Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, State of New York

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 3rd day of December 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

Ronald A. Geitter Superintendent of Highways

Robert C. Henning Police Chief

Michael R. Merritt Town Engineer

ABSENT: Joseph Campion Building Inspector

At this time, Supervisor Mill stated Mr. Campion was absent due to the death of his father.

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 meeting of the Town Board, held on November 5, 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 #1

At 8:00 P.M. (local time), the Supervisor called for the public hearing to hear all interested parties for or against the adoption of Local Law #3 for 1997 entitled Moratorium on all applications for Planned Unit Development and Cluster Development.

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:

The following individuals stated that they were in favor of this Local Law and thought it was a good move by the Board:

Marvin Ashburn, 6326 Benning Road

Edward Martindale, 190 Lawrence Place

Michael McGuire, 3021 Baker Road

OPPONENTS: No one spoke

2) 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 Local Law #3 for 1997 is hereby closed at 8:05 P.M., (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 #3 of 1997, imposing a Moratorium on Cluster Development and Planned Unit Development was conducted on the 3rd day of December 1997, at which all interested parties were given an opportunity to be hear

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to adopt Local Law #3 for 1997 which provides as follows:

1. A moratorium is hereby imposed on all applications for Planned Unit Developments and Cluster Developments.

2. The Town of Orchard Park Planning Board is hereby directed not to consider any further applications for Planned Unit Developments or Cluster Developments.

3. That the above referenced moratorium shall be in effect for a period of one hundred eighty (180) days from the effective date of this Local Law.

4. This Local Law specifically supersedes the provisions of the New York State Town Law §261, §267, §278 and §281 relating to Cluster Development and Planned Unit Development.

5. This Local Law shall take effect upon filing with the Secretary of State.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

Dennis J. Mill voting aye

John J. Mills voting nay

Paul D. Barnas voting aye

David M. Buyer voting aye

Nancy W. Ackerman voting aye

THE RESOLUTION WAS DULY ADOPTED.

PUBLIC HEARING #2

At 8:00 P.M. (local time), the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

To rezone vacant land from B-1 to B-1 Special Exception Use for part of the Westerly Outparcel of the Quaker Crossing Retail Center, as petitioned by Gerald Buchheit, Jr.

PROPONENTS:

Robert Walsh, Attorney for the developers, explained that this was for a family style restaurant, which is still under negotiations.

Gerald Buchheit, developer of the project, in response to Councilman Buyer’s question regarding the Barnes and Noble store, stated that the site for Barnes & Noble is being held for them and that was still under negotiations.

OPPONENTS:

The following individuals expressed these concerns: 1) the fact that the Town keeps making exceptions for this entire project, and rushing it through; 2) questioned; the hours of operation with respect to the original lighting plan, 3) asked why the need for more restaurants as there are already local restaurants going out of business plus the fact that people currently drive through the Town, past existing local restaurants, without stopping.

John Schneider, 5505 Lake Avenue

Henry Snyder, 5455 Lake Avenue

Elaine Patell, 170 Squire Drive

Marvin Ashburn, 6329 Benning Road

Patrick Sullivan, 3819 Abbott Road

Debbie Patterson, 5129 Lake Avenue

Althea Falzone, 3186 Baker Road

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCIL, TO WIT:

RESOLVED, that the Public Hearing in the matter of rezoning from B-1 to B-1 Special Exception Use is hereby closed at 8:20 P.M., (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT;

WHEREAS, following due and timely notice, a public hearing in the matter of the rezoning of vacant land from B-1 to B-1 Special Exception Use for part of the Westerly Outparcel of the Quaker Crossing Retail Center, for the purpose of a restaurant, as petitioned by Gerald Buchheit, Jr., was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 3rd day of December 1997 at which all interested parties were given an opportunity to be heard, and

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from B-1 to B-1 Special Exception Use all tract or parcel of land bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Orchard Park, County of Erie, State of New York being part of Lots 28 and 31, Township 10, Range 7 of the Holland Land Company’s Survey and more particularly described as follows:

Commencing at the intersection of the northeasterly right-of-way bounds of Baltimore & Ohio Railroad and the northerly line of lands abandoned by the Erie County Department of Public Works as shown on Map Number SK 357-2-Cr Parcel 40 and conveyed to the Town of Orchard Park by Liber 10918 of Deeds at Page 9698, filed in the Erie County Clerk’s Office; thence easterly along aforesaid northerly line of lands abandoned by the Erie Department of Public Works on a bearing of N89°18'48"E for a distance of 26.81 feet to the point of beginning; thence northerly on a bearing of N01°36'06"E for a distance of 56.34 feet; thence northeasterly on a bearing of N55°24'14"E for a distance of 296.47 feet to a point of curvature; thence along a curve to the right having an included angle of 73°22'23" and a radius of 50.00 feet for an arc distance of 64.03 feet to a point of reverse curvature; thence along a curve to the left having an included angle of 37°56'13" and a radius of 168.00 feet for an arc distance of 111.24 feet to a point of compound curvature; thence along a curve to the left having an included angle of 23°21'51" and a radius of 268.00 feet for an arc distance of 109.29 feet to a point of reverse curvature; thence along a curve to the right having an included angle of 23°21'51" and a radius of 232.00 feet for an arc distance of 94.60 feet to a point of tangency; thence easterly along a line tangent to the last-described course on a bearing of S89°09'36"E for a distance of 113.97 ft; thence southerly along a bearing of S00°50'24"W for a distance of 150.79 feet to a point of curvature; thence along a curve to the left having an included angle of 33°14'42" and a radius of 166.00 feet for an arc distance of 96.32 feet to a point in the northerly line of lands abandoned by the Erie County Department of Public Works as shown on Map Number SK 357-2-CR Parcel 40; thence westerly along the northerly line of lands abandoned by the Erie County Department of Public Works as shown on Map Number SK 357-2-CR Parcel 40 the following 6 courses and distances:

1. N89°09'36"W for a distance of 39.94 feet;

2. N88°23'54"W for a distance of 423.86 feet;

3. N01°36'06"E for a distance of 20.00 feet

4. N88°23'54"W for a distance of 212.00 feet

5. S01°36'06"W for a distance of 20.00 feet; and

6. N88°23"54"W for a distance of 69.00 feet

to the point of beginning, containing 3.16 acres (137,710 square feet) more or less.

and, be it further

RESOLVED, this Ordinance shall take effect immediately.

Before the vote was taken, Councilman Buyer stated that since this has not even been before the Planning Board he wants this entire petition tabled.

Supervisor Mill pointed out that there was a motion on the floor at this point in time and therefore cannot be tabled unless the person who put the motion out wishes to withdraw it.

Dennis J Mill Aye

John J Mills Nay

Paul D Barnas Aye

David M Buyer Nay

Nancy W Ackerman Aye

THE RESOLUTION WAS DULY ADOPTED.

PUBLIC HEARING #3

At 8:00 P.M., (local time), the Supervisor called for the public hearing to hear all interested parties for or against the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

Multiple Development Sign Ordinance

§144-5 Definition:

Multiple Development - a “multiple development” shall be defined as four (4) or more offices, commercial or industrial establishments or enterprises or combinations thereof, which are located in a single building or on one or more contiguous properties to be developed as an integrated development as approved by the Town Board.

§144-38.2 Signs in Multiple Development:

A) For a business in a B-1 and B-2 Zone. (1) For a multiple development in a B-2 Zone with building area of fifteen thousand (15,000) square feet or more and for a multiple development in a B-1 Zone with building area between fifteen thousand (15,000) and fifty thousand (50,000) square feet, one (1) sign not to exceed one hundred (100) gross square feet on each of two sides is permitted.

B) For a Business in a B-1 Zone only. (1) for a multiple development with building area between fifty thousand (50,000) square feet and two hundred thousand (2000,000) square feet, one sign not to exceed one hundred forty (140) gross square feet on each of two sides is permitted. (2) For a multiple development with building area between two hundred thousand (200,000) square feet and three hundred thousand (300,000) square feet, two signs not to exceed two hundred twenty (220) gross square feet in total are permitted. No individual sign shall exceed one hundred forty (140) gross square feet on each of two sides. (3) For a multiple development with building area exceeding three hundred thousand (300,000) square feet, two signs not to exceed two hundred forty (240) gross square feet each on each of two sides as permitted.

C) To qualify for two signs, the multiple development must have at least two vehicular access drives directly from a public highway. Such signs must be located a minimum of five hundred (500) feet distant from each other.

D) There shall be no more than two sign sides.

E) The gross square footage of any sign shall include all the structural/decorative elements and identification sign age.

F) The area of that portion of the sign identifying the name of the multiple development shall not exceed thirty-six (36) square feet. The area of the sign identifying any individual tenant shall not exceed thirty-six (36) square feet. Such areas shall be measured in accordance with §144-35 (K) of this chapter.

G) The maximum height of any sign one hundred (100) square feet or less shall be sixteen (16) feet. The maximum height of any sign greater than one hundred (100) square feet but not greater than one hundred forty (140) square feet shall be twenty (20) feet. The maximum height of any sign greater than one hundred forty (140) square feet shall be twenty-four (24) feet.

H) No sign shall be closer to any paved area which is owned and maintained by a public entity than the sign height. All signs shall be located at least fifteen (15) feet from any lot line or public highway right-of-way.

I) Erection of a multiple development sign as set forth in this subsection shall preclude the erection of a free-standing sign or a pedestal sign as defined in §144-38 (B) and §144-38 © of this chapter.

J) The structural design of all signs in this subsection must be certified by a professional engineer duly licensed in the State of New York.

Town Attorney, Leonard Berkowitz, gave an overview of the sign ordinance and the changes.

PROPONENTS:

Patrick Sullivan, 3819 Abbott Road

Kristin Wheaton, one of the Attorney who works for Quaker Crossing, pointed out that the town’s current zoning code does not address the special needs of a shopping center regarding signage. In fact, it treats the large shopping center the same as a small business.

Gerald Buchheit, the developer, commented that this project is built to the Town of Orchard Park standards. The green space and trees, when the leaves are out, will help block the Target store from the street. Other stores along there will be much smaller and we do not want to hurt the brick and the architecture by using 20% (existing town code) of the side of the buildings for signs. A single sign out front is better.

OPPONENTS:

Opinions and concerns were expressed by the following who were in opposition to: 1) The proposed ordinance is excessive. 2) When a business presents a “hardship” it goes before the Zoning Board of Appeals, and abides by their decision. 3) We do not want “billboards” 4) Can’t the Town Officials explain why they vote, either for or against, on a given item 5) Insufficient public input for the drafting of this ordinance 6) This review, if necessary, should be a comprehensive one and part of the overall review of the zoning code 7) The Planning Board is opposed to these changes and there has been neither formal nor informal discussions on this matter by the Zoning Board of Appeals

Lorraine Biryla, 57 Greenmeadow Drive Elaine Patell, 170 Squire Drive

Richard Jablonski, 5155 Lake Avenue Marvin Ashburn, 6329 Benning Road

Robert Frantsits, 4270 California Road Dan Currie, 52 Stonehenge Drive

Leon Zwolinski, 13 Briar Hill Road Michael McGuire, 3021 Baker Road

Toni Cudney, 5991 Scherff Road Steven McCarville, 25 S. Lincoln Avenue

John Schneider, 5505 Lake Avenue Harold Fabinski, 37 Bender Drive

Debbie Patterson, 5129 Lake Ave Ed Martindale, 190 Lawrence Place

Althea Falzone, 3186 Baker Road

Councilman Buyer submitted the following written memos (he received prior to the Town Board Meeting) in opposition to this particular change:

1. John Bernard, Chairman of the Planning Board, dated 11/18/97

2. John Bernard as a private citizen, dated 11/30/97

3. The entire Planning Board, dated 12/2/97

3. Sara desJardins, Planning Coordinator, dated 12/2/97

6) 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 Multiple Development Sign Ordinance is hereby closed at 8:47 P.M., (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Buyer asked the Town Board Members to table any decision on this matter until after January 1, 1998. Supervisor Mill stated the Board had already decided not to act on this tonight.

Old Business #1 - 9274 Group Inc., Rite-Aid Pharmacy at 3050 Union Road.

7) 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 9274 Group Inc, to construct an 11,200 sq.ft. Rite-Aid Pharmacy located at 3050 Union Road, as recommended by the Planning Board, 12/1/97, with the following stipulations:

1. This is an unlisted SEQR Action based on the submitted Full EAF Parts 1 and 2, and therefore a Negative Declaration.

2. A three(3) year Landscape Completion Bond in the amount $10,000.00 or a certified check in the amount of $5,025.00 be submitted to the Town Clerk prior to receipt of a building permit.

3. The site lighting plan is limited to those fixtures and poles indicated on the approved site plan.

4. No outside storage or display is permitted.

5. Dumpsters as shown shall be screened with matching brick, along with any additional dumpsters, all of which shall be screened in accordance with Section 144-25 of the Town Code.

6. Engineering approval was granted on 12/1/97.

7. Signage location and size are not a part of this approval. Signage design should comply with the Town Code.

8. The building façade option “B” with the off-white finish, is recommended over options “A” and “C”.

9. Reduced parking is recommended in accordance with Section 144-29A(2) for 48 ten feet by twenty feet parking spaces in lieu of the required 55 spaces.

10. One-way traffic posting shall be put in place for the north lot line driveway adjacent to the building for east to west traffic flow.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

The Developer offered to display the drawings of the project for the public to view right after the meeting.

Old Business #2 - Award bid for Police Patrol Vehicles.

8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED, that the Town Board is hereby authorized to award the following bid to West-Herr Automotive Group, 5015 Camp Road, Hamburg New York, as recommended by the Chief of Police:

One (1) 1998 Ford Taurus (unmarked car) no trade-in for $14,898.00, and

Three (3) 1998 Ford Crown Victoria (patrol cars) with trade-in for $44,379.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Award bid for Highway Fuel Management System.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:

RESOLVED, that the Town Board is hereby authorized to award the bid for the Fuel Management System to The Pump Doctor, 10210 Boston Road, Eden, New York in the amount of $16,280.00 as recommended by the Highway Superintendent.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - Schedule Reorganizational Meeting for January 1, 1998.

10) 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 schedule the 1998 Reorganizational Meeting for January 1, 1998 at 10:00 A.M., 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 (not on agenda) - Police Benevolent & Collective Bargaining Agreements.

11) 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 Supervisor to sign the Memorandum of Agreement between the Town and the Orchard Park Police Benevolent Association, and be it further

RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the revised Collective Bargaining Agreement between the Town of Orchard Park and the Orchard Park Police Benevolent Association, when completed.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 (not on agenda) - Recreation Staff Appointments.

12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED, that the Town Board is hereby authorized to approve the following resident appointment to the 1997-1998 Fall/Winter/Spring Recreation Staff as recommended by the Recreation Director:

Pamela Martin 6146 Powers Rd. Guard $5.35/hr

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

ELECTED OFFICIALS & DEPARTMENT HEADS

13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED, that the Town Board does hereby authorize the following end of the year interdepartment budget transfers as pre-filed with the Town Board and Town Clerk:

$ 395.00 From: A1330.413 (travel & expense)

To: A1330.400 (office supplies)

as recommended by the Receiver of Taxes.

$ 20.25 From: A7610.409

To: A7610.445

as commended by the Director of the Senior Citizen Center.

$ 1,500.00 From: A.7010.149

To: A.7020.137

as recommended by the Recreation Director.

$ 8,000.00 From: A.7110.216 To: A7110.402

$ 6,000.00 From: A.7110.217 To: A7110.402

$ 5,300.00 From: A.5010.137 To: A7110.149

$ 500.00 From: A.5132.421 To: A5132.423

$ 8,200.00 From: A.7110.144 To: A7110.215

$ 8,000.00 From: D.A5110.474 To: DA5110.472

$ 10,000.00 From: D.A5110.473 To: DA5110.472

$ 25,000.00 From: D.A5110.144 To: DA5110.472

$ 20,000.00 From: D.A5110.144 To: DA5134.419

as recommended by the Highway Superintendent

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:

RESOLVED, that the Town Board is hereby authorized to schedule a public hearing on the 17th day of December 1997 at 8:00 pm (local time) in the matter of “Quaker Retail Zone Sign Ordinance”, and be it further

RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

WHEREAS, within the Colony Park Subdivision there were some combined telephone/electric crossings, the depths of which neither NYNEX nor NYSEG could accurately identify, and

WHEREAS, additional work is needed for locating existing private utilities crossing our roads and supplying backfill material for those utilities that require lowering on Liberty Drive, Imperial Drive, Berkley Drive and Emerson Drive, and

WHEREAS, a compromise was reached between the Town and utility companies, as both NYNEX and NYSEG both originally refused to take responsibility for determining the exact depth of their facilities, whereby the Town would pay its contractor to expose the utilities in question, and

WHEREAS, the utility crossings were found to be at very shallow depths and each one had to be lowered, and the utility companies performed their work expeditiously

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to approve Change Order #1 to the Colony Park Reconstruction Project with Holmes & Murphy, Inc, 75 Bank Street, Orchard Park, New York, in an increase of $8,248.00 bringing the total contract amount to $882,751.50, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

WHEREAS, all work has been found acceptable per Town of Orchard Park specifications and standards as constructed under Public Improvement Permit #97-09, and a certified check in the amount of $1,000.00 has been submitted as maintenance security

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to accept the public improvements installed under the Armor Elementary School Project, Public Improvement Permit #97-09, and be it further

RESOLVED, that the Town Clerk is hereby authorized to release the performance security in the amount of $200.00, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

17) 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 #23, following auditing by members of the Town Board and in the funds indicated:

$ 240,412.38 General Fund

$ 4,053.52 Part Town Fund

$ 1,105.11 Risk Retention

$ 40,932.87 Highway Funds

$ 54,262.61 Special Districts

$ 68,479.09 Trust & Agency

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN. TO WIT;

RESOLVED, that the Town Board is hereby authorized to receive and file the following report:

Orchard Park Police Department Monthly report for the month of November 1997.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

1) Elaine Patel, 170 Squire Drive - voiced her concern regarding the quality of the plowing by the County on County roads and asked the Board to contact them.

2) Leon Zwolinski, 13 Briar Hill Road - Pointed out that the railroad crossing on Jewett Holmwood Road is deteriorating, can’t something be done. Supervisor Mill responded it is up to the railroad.

3) John Bernard, 6760 Powers Road - spoke as Chairman of the Planning Board - Commented that in the Town Code and Law it is clear that the Town Board shall refer every application, survey map and proposal plans to the Planning Board for its recommendation and read from the Town Code and asked the Town Attorney for an interpretation. He further stated that there have been two zoning resolutions adopted tonight and neither one included anything about SEQRA. Mr. Bernard asked the Town Attorney if they should have included SEQRA.

Town Attorney Mr. Berkowitz responded that SEQRA forms were filed and should have been included therefore both resolutions need to be amended to include a Negative Declaration.

19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT;

WHEREAS, a resolution was adopted earlier this evening, known as Local Law #3-1997 which imposes a moratorium on Cluster Developments and Planned Unit Developments, and

WHEREAS, there have been SEQRA findings which were not included in said adopting resolution

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to amend resolution #3 of 12/3/97 to include a Negative SEQRA Declaration, as recommended by the Town Attorney.

Dennis J. Mill Aye

John J. Mills Nay

Paul D. Barnas Aye

David M. Buyer Aye

Nancy W. Ackerman Aye

THE RESOLUTION WAS DULY ADOPTED.

20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT;

WHEREAS, a resolution was adopted earlier this evening, approving the rezoning for Special Exception Use for the Quaker Crossing Retail Center, and

WHEREAS, there have been SEQRA findings which were not included in said adopting resolution

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to amend resolution #5 of 12/3/97 to include a Negative SEQRA Declaration, as recommended by the Town Attorney.

Dennis J. Mill Aye

John J. Mills Nay

Paul D. Barnas Aye

David M. Buyer Nay

Nancy W. Ackerman Aye

THE RESOLUTION WAS DULY ADOPTED.

4) Dan Currie, 52 Stonehenge Drive - Asked for clarification as to whether it is legal or illegal to adopt a special exception prior to the Planning Board reviewing and making a recommendation.

Town Attorney Berkowitz replied that he felt the Town Board, at their discretion, can act before the Planning Board acts.

5) John Schneider, 5505 Lake Avenue - commented the ditch on Lake Ave. Is full of debris and needs to be cleaned.

There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 9:15 P.M. (local time) after a moment of silence in memory of William Kroll, former Town Councilman, who passed away recently.

UNANIMOUSLY ADOPTED

Respectfully submitted,

Janis A. Colarusso

Town Clerk