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 17th day of November, 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
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
ABSENT: Samuel McCune Chief of Police
Steven P. McCarville Councilman
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the regular meeting of the Town Board, held on October 6, 1999, 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.
Old Business #1 Jim Ball Pontiac, 3475 Southwestern Blvd: Requesting a Building Permit
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Jim Ball Pontiac, 3475 Southwestern Boulevard, for a Building Permit, and site plan, to construct a 650 sq.ft addition to the existing building, as recommended by the Planning Board on 11/17/99 with the following stipulations:
§ This is an unlisted SEQR Action based on the submitted Full EAF, Parts One, Two and Three and a Negative Declaration is made.
§ Green space will remain as approved.
§ This site lighting plan will remain as is.
§ No cars will be parked on the green space.
Councilman Mills stated this addition will be used as office space and will have no impact on the residents of Hart Place or Milestrip Road.
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Anderson’s Restaurant, 3030 Union Road, for a Building Permit, and site plan, to construct a new drive-through access lane and window at the restaurant location, as recommended by the Planning Board on 11/17/99 with the following stipulations:
§ This is an unlisted SEQR Action based on the submitted Short EAF and a Negative Declaration is made.
§ The site lighting plan is limited to those fixtures and poles indicated on the approved site plan.
§ No outside storage or display is permitted, any signage requests must be approved by the Planning Board at a future meeting.
§ Dumpsters as shown shall be screened, along with any additional dumpsters, all of which shall be screened in accordance with Section 144-25 of the Town Code.
§ Handicapped parking will be moved from its current location to a location closer to the handicapped entrance to the building and it shall also conform to square footage requirements for handicapped parking.
§ All outside seating will be removed.
The resolution was unanimously adopted.
Old Business #3 Taylor Rd, vacant land, east of Taylor Road: Requesting a Building Permit
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of David Huck of Regent Contracting Inc., for a Building Permit, and site plan, for an 8,020 sq.ft. medical office building, as recommended by the Planning Board, 11/17/99, with the following stipulations:
§ This is an Unlisted SEQR Action based on the submitted Long EAF, Parts One and Two, and a Negative Declaration is recommended.
§ A Landscape Completion Bond, in accordance with the Conservation Board minutes, shall be provided for the approved Landscape Plan which includes 50% (±) green space. A three-year landscape completion bond in the amount of $5,100.00 or a certified check in the amount of $2,550.00 must be presented to the Town Clerk before a Building Permit is issued.
§ The site lighting plan is limited to those fixtures and poles indicated on the approved site plan.
§ No outside storage or display is permitted.
§ Dumpsters as shown shall be screened along with any additional dumpsters, all of which shall be screened in accordance with Section 144-25 of the Town Code.
§ This is recommended for approval contingent upon Town Engineering approval.
§ There will 33 parking spaces.
§ Street trees are to be placed on the upper slope of the detention pond as shown on the revised landscape plan which was submitted to the Planning Board.
Town Engineer Michael Merritt stated that Engineering approval was granted on November 15, 1999.
The resolution was unanimously adopted.
Old Business #4 DEIS Statement for Walter Schmidt Townhouses on California Road
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Orchard Park Town Board has considered the submission of the Draft Environmental Impact Statement for the Walter Schmidt Townhouses, and
WHEREAS, this Town Board has determined that the Draft Environmental Impact Statement is inadequate,
NOW, THEREFORE, be it
RESOLVED, that the Draft Environmental Impact Statement is not accepted in that it is inadequate, the Draft Environmental Impact Statement contains the following deficiencies:
§ The Draft Environmental Impact Statement does not specifically address the present traffic on California Road and the ability of that road to handle future additional traffic from this development together with existing residences and that of nearby Town recreational facilities.
§ The Draft Environmental Impact Statement does not address the installation of fire hydrants which may be needed for any emergency related to and reaching beyond that of the proposed townhouses.
§ The Draft Environmental Impact Statement fails to adequately identify hazardous materials on the site.
§ The Draft Environmental Impact Statement does not adequately consider snow removal and storage of snow.
§ The Draft Environmental Impact Statement fails to consider the traffic impact of the proposed “T” turnaround.
§ The Draft Environmental Impact Statement is inconsistent in connection with the proposed number of building and units, the number of units and buildings must be clarified.
§ The Draft Environmental Impact Statement is incomplete in that it does not address all items in the Department of Environmental Conservation letters dated 5/6/98 and 8/6/98.
Councilman Buyer stated that the developer of this project has the opportunity to furnish the information the Town Board has so indicated. Once the Town Board receives the required information, it will go forward with the process as stipulated by the State Environmental Quality Review Act.
The resolution was unanimously adopted.
New Business #1 Police Chief to accept “Buckle Up New York” Grant for $7,500.00
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town of Orchard Park has received notification from the Department of Motor Vehicles stating that the Orchard Park Police Department is awarded a grant of $7,500.00 to participate in the statewide “Buckle up New York” Campaign whose goal is to increase seat belt usage in an effort to reduce serious injury or death from traffic crashes
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize Chief Samuel McCune to accept the grant from the State Traffic Safety Committee of the Department of Motor Vehicles for $7,500.00 for the “Buckle Up New York” campaign for the Orchard Park Police Department.
New Business #2 Authorize Police Officer Robert Schultz to attend Seminar
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize Police Officer Robert Schultz to attend the second session of the Highway Drug and Criminal Interdiction Seminar in Colonie, New York on November 29, & 30, 1999, as recommended by the Chief of Police.
The resolution was unanimously adopted.
New Business #3 Authorize purchase of a John Deer Compact Utility Tractor, and Accessories
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that that Town Board does hereby award the bid for one John Deere Compact Utility Tractor (model 4300), with a 61” bucket, ballast box, hood guard and bucket level indicator, and with a 72” mid-mount finish mower, off the State Contact bid, to Zahm & Matson, Inc., 1756 Lindquist Drive, Falconer, NY 14733 in the amount of $18,844.90, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
New Business #4 Robert & Richard Peleckis, 3975 Southwestern Blvd. requesting a Building Permit
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of Robert & Richard Peleckis, 3975 Southwestern Blvd, for a building permit to construct a 4,264 sq.ft. convenient store/gas facility to the Planning Board and Conservation Board.
The resolution was unanimously adopted.
New Business #5 42 & 34 Wildwood Ln., requesting Sanitary Sewer Service as Out of District Cust.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of Richard Gicewicz, 42 and 34 Wildwood Lane, to receive sanitary sewer service from Orchard Park Sewer District 13-2 as an Out of District Customer to the Town Engineer and the Town Attorney.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following budget transfer, as recommended by the Town Tax Receiver:
$200.00 From: A.1330.000.413 Travel & Conference
To: A.1330.000.419 Other expenses
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, one of the Town’s part-time Dog Control Officers has asked for a leave of absence from the weekend duties for personal reasons, and
WHEREAS, this will cause a shortage of coverage on the weekends
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby hire Robert Praczkaulo, 5460 Ellicott Road, Orchard Park to the position of Part-time Dog Control Officer, at the salary stipulated in the budget, as recommended by the Town Dog Control Officer.
The resolution was unanimously adopted.
Supervisor Cudney said that she would like to include the 1999 Annual Report for the Youth Bureau in tonight’s reports. Mr. Tom McGinty, Youth Bureau Director, stated in his report that the Youth Bureau has handled and/or referred 107 cases this year and had 112 job placements through the Rent-A-Kid program. Supervisor Cudney talked about the Quaker Corp program which and she and Mr. McGinty had discussed last winter, and Mr. McGinty organized. This program will be voluntarily staffed by young men and women of Orchard Park who have been screened by the Youth Bureau. These young people will be available for emergency services for elderly, disabled or handicapped individuals, especially during the winter months. Mr. McGinty will administer this program. Brochures regarding the Quaker Corp are available in the Senior Center and the Town Clerk’s office. Supervisor Cudney commended Mr. McGinty and thanked him for following through and providing this valuable service to the Community.
Councilman Mills stated that at the Zoning Board of Appeals meeting he attended last night, there was a controversial issue regarding the request to build a service station at the corner of Chestnut Ridge Road and New Armor Road. Councilman Mills encouraged anyone who is interested in maintaining the integrity of that area to attend the next Zoning Board of Appeals meeting to voice their opinion.
Councilman Buyer said that he has received many letters and calls regarding the request to put a service station at the corner of Chestnut Ridge Road and Armor Road and it is a major concern. Councilman Buyer said that this project will go through the standard review procedures to obtain approval which would ultimately bring it to a Public Hearing at a Town Board meeting and he feels confident that the various boards will handle this appropriately. Councilman Buyer then requested a copy of the Youth Board’s Annual Report.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby appoint the following to the Fall/Winter 1999-2000 Recreation Staff, dependent upon applicant’s securing the required certification, as recommended by the Recreation Director:
Jennifer Nichols 115 Fox Meadow Grd. $5.50
Diana Wojcieszek 195 Mapleview, Tonawanda Aide $5.35
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, Taylor-Pohlman, Inc., 3925 California Road, is expanding their business and is in need of temporary engineering office space, and
WHEREAS, they plan to add permanent office space to the facility
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the request of Taylor-Pohlman to place a 60” x 12” temporary mobile office trailer on their grounds for approximately six months.
The resolution was unanimously adopted.
15) 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 #22, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$96,759.81 |
|
Part Town Fund |
1,500.15 |
|
Risk Retention |
$0.00 |
|
Highway Fund |
99,557.90 |
|
Special Districts |
$138,405.09 |
|
Trust & Agency |
$4,926.54 |
|
Capital Fund |
$9,549.23 |
The resolution was unanimously adopted.
16) 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 receive and file the following communication:
State of the Region, Performance Indicators for the Buffalo-Niagara Region in the 21st Century, published by the Institute for Local Government and Regional Growth, at University of Buffalo.
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 receive and file the following reports: 1) Building Inspectors Monthly Report and Building Permits for the month of October 1999, 2) Chief of Police Monthly Report for October 1999, & 3) Youth Bureau Annual Report for 1999.
The resolution was unanimously adopted.
Marlene Mitri, 48 Burman Drive: Lives next store to Ables Tables and Chairs which also runs a Ryder Truck business. Ms. Mitri is concerned about the truck rental business as it’s entrance is on Burman Drive and this causes traffic problems and she is worried about the safety of her children. She is also against this kind of business being in her neighborhood. Ms. Mitri and her neighbors have circulated a petition against this business and have attended the Traffic Safety meetings and the Planning Board meetings to express their concerns.
Councilman Buyer stated that the Traffic Safety meeting was held last night and they did have recommendations regarding the Ryder Truck business. Now the Planning Board will have to address this at their December meeting. The Town Board members and the Building Inspector also discussed this issue earlier this evening, as Town Board members are aware of the neighborhood concerns.
There being no more business before the Town Board, on motion by Councilman Buyer, seconded by Councilman Mills, the meeting was adjourned at 8:45 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk