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 15th day of October 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
Robert C. Henning Police Chief
Michael R. Merritt Town Engineer
ABSENT: Joseph Campion Building Inspector
Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the minutes of the regular meeting of the Town Board, held on October 1, 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 the Benefit Basis Special Districts Budget of the Town of Orchard Park for the fiscal year beginning January 1, 1998.
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.
At this time Supervisor Mill called upon the accountants, from the firm Deloitte & Touche, on behalf of the Town of Orchard Park, to give an opening statement regarding the Benefit Special Districts Budget. John Malloy explained the Benefit Basis Budget, and the actual tax levies for the year 1997 and those proposed for 1998.
PROPONENTS
No one spoke.
OPPONENTS
Toni Cudney, 5991 Scherff Road - Asked if there was included in this budget any improvements to help the pressure problems in Water District #4, Extension #1. Supervisor Mill stated that there was not and that this subject would be coming up later in the meeting.
2) 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 Benefit Basis Special Districts Budget is hereby closed at 8:06 PM (local time)
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
3) 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 Tentative Benefit Basis Special Districts Budget as submitted, for the year 1998.
THE RESOLUTION WAS UNANIMOUSLY 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 the Preliminary Budget of the Town of Orchard Park for the fiscal year beginning January 1, 1998.
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.
At this time Supervisor Mill called upon Tom Malecki, from the firm Deloitte & Touche, to comment upon the Ad Valorem Budget. Mr. Malecki explained that the Ad Valorem Budget includes the Highway function and the General Fund function and highlighted some of the budget categories.
PROPONENTS
No one spoke.
OPPONENTS
1. Stewart Crosley, 40 Larned Lane
2. Ellen Kolb, 49 Puritan Place
Mr. Crosley and Mrs. Kolb commented on the budgets. They even gave suggestions as to the manner of getting the budget before the public.
4) 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 Ad Valorem Budget is hereby closed at 8:12 P.M., (local time).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to adopt the Tentative Ad Valorem Budget as submitted, for the year 1998.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #1-Daniel’s Chevrolet, 3575 Southwestern. Building Permit for a car used facility.
6) 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 Daniel’s Chevrolet, 3575 Southwestern Blvd., for a building permit, to construct a 2,750 sq.ft. used car facility, as recommended by the Planning Board, 10/8/97, and with the following stipulations:
1) This is an unlisted SEQR Action based on the submitted Short EAF, therefore a Negative Declaration.
2) The site lighting plan is limited to those fixtures and poles indicated on the approved site plan.
3) Dumpsters, as shown, shall be screened along with any additional dumpsters.
4) Town Engineering approval was granted on 10/8/97.
5) The petitioner has to submit light fixture specifications, which will be two wall packs, before a building permit is granted.
6) Two added trees be planted with the height of the first branch being at a minimum of 5 feet.
7) The three dumpsters, that exist on the site will be screened either as presented on the original site plan or, relocated and properly screened and a revised site plan be presented to the Planning Board, showing the location of the dumpsters before a building permit is issued.
8) The design of the building sign age needs to be submitted to the Planning Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Quaker Crossing Outparcel, Building Permit for a Bank.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the request from Quaker Crossing, LLC, for a building permit, to construct a 3,720 sq.ft. Bank building on the western most portion of the eastern outparcel on the Quaker Crossing Retail Center, as recommended by the Planning Board, 10/13/97, and with the following stipulations:
1) This is an unlisted SEQR Action based on the submission of the Full EAF Parts 1 and 2 and therefore a Negative Declaration.
2) A Landscape Completion Bond in the amount of $8,500. Or a certified check in the amount of $4,250.00 shall be submitted.
3) The site lighting plan is limited those fixtures and poles included on the approved site plan.
4) No outside storage or display is permitted.
5) Engineering approval was granted on 10/08/97.
6) Dumpsters shall be screened along with any additional dumpsters.
7) The restaurant buildings, which are proposed on the remaining portion of the eastern outparcel, along with parking and any other future structures, are not a part of this approval.
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.
New Business #1 - O.P. Collision, 4154 Taylor Rd. - Addition on north side of building.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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 from Orchard Park Collision, 4154 Taylor Road, to construct a 23' x 70' addition on the north side of existing building.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
9) 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 following budget transfer, as recommended by the Chief of Police:
$50.00 From: A.3120.400 (office supplies) To: A.3120.414 (training aids)
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Mills spoke about the communication received from Mark Patton, Erie County Water Authority, dated 10/14/97 regarding Orchard Park Water District #4 extension 1. He further stated that this problem will be resolved and we will be scheduling a meeting with the Water Authority, our Town Engineer and Town Board.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to refer to the Public Safety Committee a letter received from Kathleen Holder, 6 Curley Drive, requesting various traffic control signs throughout the development as well as on Curley Drive and on Independence Drive.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Barnas reported that he had met with Mr. & Mrs. Bieger on Milestrip Road regarding the platform/deck at Jim Ball Pontiac. Ten Christmas trees have been planted and placed satisfactorily
and that problem has been resolved. We are now working on the lighting situation.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #20, following auditing by members of the Town Board and in the funds indicated:
$ 425,633.32 General Fund
$ 776.40 Part Town Fund
$ 12,185.63 Highway Funds
$ 136,459.01 Special Districts
$ 12,723.61 Trust & Agency
$ 329,566.52 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board is hereby authorized to receive and file the following communication as entered on the agenda: 1) Erie County Water Authority re: Orchard Park Water District #4 extension 1.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) 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 receive and file the following reports as entered on the agenda: 1) Building Inspector’s monthly report and building permits for September 1997 and 2) Orchard Park Police Department’s monthly report for September 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
The following residents voiced their concerns regarding the water pressure problems, and the possible health hazard, and the possible fire emergency problems, there could be in the Colony Park area.
Bill Kraus, 6031 Berkley Drive
Ed Moran, 6047 Berkley Drive
Jerry Nowak, 6055 Berkley Drive
Bill Pajerski, 4216 Liberty Drive
Tom Whieldon, 4164 Imperial Drive
Commissioner Mark Patton, from the Erie County Water Authority: Commented on the Water Authority’s letter dated 10/14/97 regarding Orchard Park Water District #4 extension 1. There was discussion among members of the Town Board, Town Engineer and Residents, and Steve McCarville, Village Trustee who suggested that the Village and Town work together on this.
Clement Denzel, 6440 New Taylor Road: Commented on the need for a “pooper-scooper” law for dogs and questioned the time frame in putting out garbage before its picked up.
Ray Paolini, 7303 Michael Road: Asked why the decision for the Cluster Development (PUD) wasn’t on the agenda this evening?
Ellen Kolb, 49 Puritan Place: Asked the Town Board Members for an explanation of the appointment for the Chief of Police position. Mrs Kolb also wanted to know why there was a need for an outside review committee for this position.
Tom Glenn, 5475 Lake Avenue: Commented on the water pressure problems on Lake Avenue, and the drainage problems. Mr. Glenn also mentioned the truck traffic and the road condition of Lake Avenue that is now compounded by the Quaker Crossing projects.
Toni Cudney, 5991 Scherff Road: Stated that she felt the Town Board’s responses to the audience this evening displayed a very poor attitude. She further stated that she had filed a formal complaint with the New York State Committee on Open Government (FOIL), regarding her being barred from a Town Board work session that took place on September 22, 1997.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 9:30 P.M., (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk