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 19th day of November 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
Joseph Campion Building Inspector
Ronald A. Geitter Superintendent of Highways
Robert C. Henning Police Chief
Michael R. Merritt Town Engineer
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 increase and improvement of Extension No. 1, Water District No. 4.
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.
Mike Merritt gave an overview of the problems involved and reviewed the steps that brought this project about. John Reid of R & D Engineering, P.C., who prepared the Map, Plan and Report, presented several different approaches to alleviate these problems. He then gave his recommendations as the best way to handle this project.
PROPONENTS: Bill Pajerski, 4216 Liberty Drive
Ed Moran, 6047 Berkley Drive
Bill Kraus, 6031 Berkley Drive
Conrad Hopkiss, 4206 Liberty Drive
Toni Cudney, 5991 Scherff Road
OPPONENTS: No one spoke.
1) 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 the increase and improvement to Ext. No. 1, Water District No. 4, is hereby closed at 8:33 P.M. (local time).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, a map, plan and report relating to the increase and improvement of Extension No. 1 of the Town Water District No.4, prepared by R & D Engineering, P.C., duly licensed civil engineers of the State of New York, in a manner and in such detail and has been determined by this Town Board to be sufficient and has been duly filed with the Town Clerk, in accordance with the requirements of Article 12 of the Town Law; and
WHEREAS, an Order was duly adopted by this Town Board on November 5, 1997, reciting the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed District, the proposed method of financing, the fact that the map, plan and report describing the same were on file in the Town Clerk’s Office for public inspection, and stating all other matters required by law to be stated, and specifying November 19, 1997, as the date, at 8:00 P.M. in the afternoon of said day as the time, at the Town of Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York as the place where this Town Board would meet and consider said map, plan and report, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as required or authorized by law; and
WHEREAS, such Order was duly published and posted as required by law; and
WHEREAS, a hearing on said matter was duly held by said Town Board on November 19, 1997 at 8:00 P.M. (local time) in the afternoon of said day, in the Municipal Center, S4295 South Buffalo Street, Orchard Park New York, and no person appearing in opposition to the increase and improvement of Extension No. 1, Water District No. 4; and
WHEREAS, it is the intention of the Town Board to construct the water line at a maximum total expense of $50,000 and at an annual charge to the District to be determined by the Town Board, now, after due deliberation, it is
RESOLVED AND DETERMINED:
a) That the notice of hearing was published and posted as required by law, and is otherwise sufficient;
b) That all property and property owners with in District No. 4 are benefited thereby;
c) That all property and property owners benefited are included within the limits of the Dist. No. 4:
d) That it is in the public interest to increase and improve Water District No. 4, and be it further
RESOLVED AND DETERMINED:
That the increase and improvement of Extension No. 1, Water District No. 4 as set forth in said map, plan and report be approved; that the improvements therein mentioned be constructed by the Town of Orchard Park and shall be bounded and described as set forth in said map, plan and report, and be it further
RESOLVED AND DETERMINED:
That the water line for said water district is to be constructed by the Town of Orchard Park at the maximum total expense of $50,000 and at an annual charge to the District to be determined by the Town Board, and be it further
RESOLVED AND DETERMINED:
That the Town Clerk is hereby authorized and directed to file a certificate of this resolution in the Office of the Clerk of the County of Erie, which is the County in which the said Town of Orchard Park is located, and the Office of the State Department of Audit and control, within ten days after the adoption of this Resolution, pursuant to Section 195 of the Town Law.
The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
Dennis J. Mill Aye
John J. Mills Aye
Paul D. Barnas Aye
David M. Buyer Aye
Nancy W. Ackerman Aye
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT;
WHEREAS, the water pressure in the Town of Orchard Park’s Water District No. 4, Ext. 1, needs improvement, and
WHEREAS, the cost of such improvements is anticipated not to exceed $50,000, which funds are available in the district’s fund balance.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby amend the 1997 budget of Water District No. 4, Ext. 1, to increase appropriations and appropriated fund balance for the cost of anticipated costs for improvements necessary to improve the district’s water pressure, as follows:
041.0599 Appropriated fund balance $ 50,000.00
041.8340.041.523 Appropriation - Pressure improvement $ 50,000.00
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town’s water rates charged are in need of adjustment in response to increased cost of supply
NOW, THEREFORE, be it
RESOLVED, that the Town Board authorizes the following water rate adjustments, to be effective for water sold after January 1, 1998:
Current New
District Rate Rate
1 38.00 44.00
4 32.00 36.00
4 x 1 32.00 34.00
8 32.00 34.00
8 x 1 28.00 32.00
8 x 2 28.00 30.00
8 x 3 28.00 30.00
20 32.00 34.00
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #1 - Quaker Crossing Retail Center Eastern Outparcel
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Quaker Crossing Retail Center (Eastern Outparcel), vacant land north of Milestrip Road between Benzing Road and the Buffalo & Pittsburgh Railroad, Zoned B-1 Special Exception Use, for Building Permits to construct two restaurants totaling 10,286 sq.ft., as recommended by the Planning Board, 11/12/97 with the following stipulations:
1. This is an Unlisted SEQR action based on the submitted Full EAF Part 1, and therefore a Negative Declaration.
2. A Landscape Completion Bond in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 22% green space for the restaurant portion of the easterly outparcel.
3. The site lighting plan is limited to those fixtures with flat lens and poles as indicted on the approved site plan, and a reduced security lighting level will be implemented 30 minutes after the restaurant closing.
4. No outside storage or display is permitted.
5. Dumpsters as shown shall be screened within the enclosed garage area along with any additional dumpsters all of which shall be screened in accordance with Section 144-25 of the Town Code.
6. Town Engineering Department approval has been granted on 11/12/97.
7. Reduced parking is recommended for the eastern outparcel at 180 spaces in lieu of the required 233, 40 of which are for seasonal outside eating area, per the approved site plan with a ± 30 ft. pavement setback from the south lot line.
8. The main plaza complex parking requires additional review prior to issuing building permits which exceed the Town Code parking requirements.
The landscape completion bond, in the amount of $252,320.00, or a certified check in the amount of $126,160.00, must be presented to the Town Clerk before a Building Permit is issued.
Dennis J. Mill Aye
John J. Mills Aye
Paul D. Barnas Aye
David M. Buyer Nay
Nancy W. Ackerman Aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - (not on agenda) Planned Unit Development/Cluster Development
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT;
WHEREAS, it is the intent of the Town Board of the Town of Orchard Park to encourage well-planned, orderly growth and development; and
WHEREAS, it is the intent of the Town Board of the Town of Orchard Park to consider revision or repeal of the present Planned Unit Development (PUD) Ordinance, §144-47 through §144-55 of the Town Code, and the Cluster Development Ordinance, §144-45 of the Town Code; and
WHEREAS, it is the intent of the Town Board of the Town of Orchard Park to preclude applications for PUD and Cluster Development approval while the process of reviewing those ordinances is in progress
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing on December 3, 1997, at 8:00 P.M. (local time) for the establishment of Local Law # 3 - 1997, for a six month moratorium on said Planned Unit Development and Cluster Development, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
Councilman Mills stated that he is opposed to the moratorium and feels that procrastination on this issue is dangerous and is a disservice to the citizens of Orchard Park.
Councilman Buyer said he felt these ordinances need to be studied in more detail and evaluated before any decisions are made.
Councilwoman Ackerman said the cost factor for codification should also be considered
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.
New Business #1 - Boston Valley Terra Cotta request to occupy 6850 S. Abbott 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 refer the request of Boston Valley Terra Cotta to occupy the residence building located at 6850 South Abbott Road for management and conference needs to the Planning Board and the Conservation Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 2 - Citizens Campaign for the Environment request to canvass the Town
8) 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 approve the request by the Citizens Campaign for the Environment to canvass during the winter and fall months between the hours of 4:00 PM and 6:00 PM.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - Request for a Traffic Control Device at Duerr Road/California Road
9) 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 request for additional traffic control at the intersection of Duerr Road and California Road to the Public Safety Committee.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - Town of Orchard Park Recreation appointments for Fall/Winter/Spring
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following resident appointments to the Fall/Winter/Spring Recreation Staff, as recommended by the Recreation Director:
Bernadette Smith 39 Rainbow Terr Guard $5.35
Julie Burakowski 4088 Baker Road Guard $5.35
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following budget transfers, as recommended by the Receiver of Taxes.
$ 100.00 From: A.1330.000.413 (Travel & Conference)
To: A.1330.000.450 (Publishing)
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, upon recommendation of the Public Safety Committee and pursuant to the authority granted by the Vehicle and Traffic Laws of the State of New York
NOW, THEREFORE, be it
RESOLVED, that the Town board is hereby authorized to adopt an order to:
1) Erect a “Stop” sign on the west end of Falconcrest at Hunters Ridge
2) Post a “Stop” sign on Norwood Avenue at Route 20A
3) Post “30 MPH Area Speed Limit” signs in the appropriate positions in this new development
4) Post “School Bus Stop Ahead” sign on Bunting Road going west just before Draudt Road
and be it further
RESOLVED, that the Superintendent of Highways is hereby directed to erect the proper signs following receipt of this order.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board of the Town of Orchard Park has determined that it is appropriate, pursuant to Section 243 of the General Municipal Law, to create a recreation commission; and
WHEREAS, it is the intent of the Town Board of the Town of Orchard Park, pursuant to Section 243 of the General Municipal Law, to allow such recreation commission the power to equip, operate and maintain playgrounds and recreation centers and advise the Town Board regarding the creation of playgrounds, recreation centers and municipal parks
NOW, THEREFORE, be it
RESOLVED, that a recreation commission of seven members is hereby created and that the members of the commission shall be appointed on January 1, 1998 for such terms that the term of one member shall expire annually thereafter, and their successors shall thereafter be appointed to serve for a period of seven years; that is, one member shall be appointed for a period of one year, a second member shall be appointed for the term of two years, a third member shall be appointed for the term of three years, a fourth member shall be appointed for a term of four years, a fifth member shall be appointed for a term of five years, a sixth member shall be appointed for a term of six years and a seventh member shall be appointed for a term of seven years; and it is further
RESOLVED, that the members of this commission shall serve without compensation.
Before the vote was taken, there was some discussion between Town Board Members and the Town Attorney regarding how much authority this commission would have. The Town Attorney stated that, without a budget, the commission will essentially serve in an advisory capacity to the Town Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR MILL, TO WIT:
RESOLVED, that the Town Board is hereby authorized to set a Public Hearing for December 3, 1997 at 8:00 PM (local time) for the purpose of review, and revision, of the Orchard Park Town Code of Ordinance §144-5, Definition: Multiple Development and §144-38.2, Signs in Multiple Developments, and be it further
RESOLVED, that the Town Clerk publish due notice thereof.
Before the vote was taken Councilman Buyer and Councilman Mills both stated that they would like to see further review of the changes suggested, and then to let the new Town Board make the determination.
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.
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 schedule a bid opening for December 2, 1997 at 10:00 AM (local time) for 3 marked police cars and 1 unmarked police car, as recommended by the Chief of Police, and be it further
RESOLVED, that the Town Clerk shall publish due notice thereof.
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 schedule a bid opening for December 2, 1997 at 11:00 AM (local time) for an Automated Fuel System, as recommended by the Superintendent of Highways, and be it further
RESOLVED, that the Town Clerk shall publish due notice thereof.
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 is hereby authorized to schedule a bid opening for December 2, 1997 at 11:00 AM (local time) for a Spill Containment System, as recommended by the Superintendent of Highways, and be it further
RESOLVED, that the Town Clerk shall publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #22, following auditing by members of the Town Board and in the funds indicated:
$ 75,541.00 General Fund
$ 492.24 Part Town Fund
$ 13,575.60 Highway Funds
$ 115,191.59 Special Districts
$ 208,187.05 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the Police Departments Monthly Report of October 1997 as entered on the agenda.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilman Mills, the meeting was adjourned at 9:05 P.M., (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk