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 September, 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
Janis A Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph Campion Building Inspector
Robert C. Henning Police Chief
Ronald A .Geitter Superintendent of Highways
Michael R. Merritt Town Engineer, P.E.
ABSENT: Nancy W. Ackerman Councilwoman
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the minutes of the regular meetings of the Town Board, held on August 6, 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
At 8:00 P.M. (local time), the Supervisor called for the Public Hearing in the matter of the establishment of a special assessment area of the Orchard Park Lighting District for Minden Drive from House No. 101-150, in the Town of Orchard Park.
Affidavits of Publication and Posting of the Legal Notice 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
Joe Yelich, 121 Minden Dr. - Spoke on behalf of the other residents/petitioners on Minden Drive.
OPPONENTS
No one spoke.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT;
RESOLVED, that the Public Hearing in the matter of the Orchard Park Lighting District for Minden Drive, is hereby closed at 8:10 P.M., (local time).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, the map, plan and report relating to the establishment of a proposed Town of Orchard Park Special Assessment Area prepared by the Orchard Park Town Engineer in a manner and in such detail as has been determined by this Town Board, has been duly filed with the Town Clerk, in accordance with the requirements of Article 12-a of the Town Law, and
WHEREAS, an Order was duly adopted by this Town Board on August 6, 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 September 3, 1997 as the date, at 8:00 P.M. (local time) on said day as the time, and the Orchard Park Municipal Center, 4295 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 September 3, 1997 at 8:00 p.m. on said day in the Orchard Park Municipal Center, 4295 South Buffalo Street, Orchard Park, New York, at which all interested persons desiring to be heard were heard, including those in favor of, and those opposed to the establishment of said Special Assessment Area of the Orchard Park Lighting District from house number 101 through house number 150 on Minden Drive in the Town of Orchard Park
NOW, THEREFORE, upon the evidence adduced at such public hearing
BE IT 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 within the proposed area are benefited thereby.
c) That all property and property owners benefited are included within the limits of the proposed area.
d) That it is in the public interest to establish said area.
and be it further
RESOLVED AND DETERMINED
That the establishment of the proposed area as set forth in said map, plan and report be approved, that the performance or supplying of electrical street service be contracted by the Orchard Park Town Board acting by and on behalf of the Lighting District for illumination of streets or highways in said area pursuant to the provisions of Section 198(6) of the Town Law of the State of New York at a total annual charge not anticipated to exceed $110.00 per annum per household, which said expense shall be levied and collected from the several lots and parcels of land within said Lighting Area, and it is further
RESOLVED, that this Order is subject to a permissive referendum as provided in Section 209-e of the Town Law.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
4) 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 approve the following street lighting proposal from New York State Electric & Gas Corp., dated September 3, 1997, as recommended by the Town Engineer:
SC#3 Minden Dr., install 9-3300 PT Lumen 50-Watt HPS Luminaries @ $ 114.76 = $1,032.84
TOTAL ANNUAL INCREASE $1,032.84
and be it further
RESOLVED, the Town of Orchard Park will own and maintain standards and conductors, and New York State Electric & Gas Corp. will install and own fixtures with bulb and eye, and be it further
RESOLVED, that the Town Attorney is hereby directed to obtain the necessary easements needed for the installation of the wiring and conduit, and be it further
RESOLVED, that the Town Sewer & Water Department is hereby authorized to install the standards, wiring and conduit.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 & #2 - Referrals to the Planning Board.
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 refer to the Planning Board and Conservation Board the following items: 1) Ellicott Development, intersection of Orchard Park Road and Union Road, zoned B-2, requesting to build a 11,348 sq.ft. Rite Aid Pharmacy with drive-thru. 2) Orchard Park Credit Union, 4000 North Buffalo Street, requesting approval for additional parking.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
New Business #3 - Proclamation re: Chamber of Commerce Week.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, the Orchard Park Chamber of Commerce serves as a catalyst for cooperation and action in this community, and
WHEREAS, the Town of Orchard Park works in unison with the Chamber to provide a vital link between the public and private sectors, and
WHEREAS, the Chamber provides leadership to essential community-wide projects, programs and events, and
WHEREAS, the Chamber plays a vital role in building a vigorous economic future for this community, and
WHEREAS, the Chamber of Commerce ably serves as one of the leading representatives of the Town of Orchard Park and the region and matters of interest before state and federal government bodies, and
WHEREAS, the image and reputation of the entire region are enhanced by the economic development and promotional efforts of the Chamber of Commerce
NOW, THEREFORE, be it
RESOLVED, that it is the official position of the Town of Orchard Park to cooperate with and encourage the efforts of the Chamber of Commerce and its many programs that benefit this area, and
THAT WE JOIN with Governor Pataki, the New York State Legislature, the Business Council, the Chamber Alliance of New York State and scores of individual counties, cities and towns in declaring the week of September 15-21 as CHAMBER OF COMMERCE WEEK in Orchard Park.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - Set Public Hearing for the Benefit Basis & Ad Valorem Budgets.
7) 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 schedule a Public Hearing for the Benefit Basis Budget and the Ad Valorem Budget on October 15, 1997 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 # 5 - Approve 1997 Stable Permit for Skibbereen Farm.
8) 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 1997 Public Stable Permit for Skibbereen Farm, 5142 Bussendorfer Road.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #6 (not on agenda) - Recreation Department Summer Appointments.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED that the Town Board is hereby authorized to approve the following resident appointments to the 1997 Fall/Winter/Spring Recreation Staff, as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE
James Gibson 42 N. Davis Rd. Dir. 5.35
Joe Huber 6680 Gartman Rd. Dir. 5.35
Mike Murphy 6 Westview Dir. 5.35
Mary C Devine 2 Silent Meadow Dir. 5.35
Tom Delahunt 3901 Freeman Rd. Dir. 5.35
Ralph Geshwill 17 Burbank Dir. 5.35
Andy Adelman 14 Eagle Hgts. Dir. 5.35
James Keats 133 Lincoln Dir. 7.35
Flo Kirkner 16 Bender Dr. Dir. 7.85
Elizabeth Heppner 25 Colony Dr. Grd. 5.35
Sue Wiencek 6344 Milestrip Rd. Grd. 6.35
Amy Wellington 6851 Scherff Rd. Dir. 5.35
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
10) 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 Town Engineer for the Sewer & Water Department:
$1,500.00 - From: 001.8346.000.550 (Contingent)
To: 001.8346.000.503 (Vehicle Repairs)
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, 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:
$ 246,551.70 General Fund
$ 3,890.92 Part Town Fund
$ 660.02 Risk Retention
$ 97,453.41 Highway Fund
$ 41,799.11 Special District Fund
$ 67,017.56 Trust & Agency Fund
$ 145,140.55 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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: 1) Town of Concord: Notice of Public Hearing relating to an amendment to Local Law No.1 of 1997 “Subdivision of Land” and Local Law No. 8 of 1997 entitled “Amendment to Article XXX”, Section 150-162 Penalties for Offenses of the Zoning Ordinance. 2) Western New York Development Disabilities Services Office, Re: Establishment of a Community Residential Facility at 6566 Milestrip Road. 3) Erie County Soil & Water Conservation District: Notice of a Farmland Protection Workshop on September 18, 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
1. Toni Cudney, 5991 Scherff Road: Had inquiries regarding the Police Chief appointment.
2. Ed Simon, 6275 Milestrip Road: Asked about the parking lot lighting and the deck/platform in the buffer zone at Jim Ball Pontiac.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilman Mills, the meeting was adjourned at 8:25 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk