A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 2nd day of February 2000 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
Steven P. McCarville Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Chief of Police
Michael R. Merritt Town Engineer
Absent: Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the minutes of the regular meeting of the Town Board, held on January 19, 2000, 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.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby adopt the revised Town of Orchard Park Personnel Policy Manual.
Supervisor Cudney pointed out two significant changes in the manual, the first being that the Town of Orchard Park has expanded their definition of sexual harassment and expanded procedures for employees in reporting any instances and full investigation of any allegations. The second change in the policy is the implementation of employee evaluations.
Councilwoman Ackerman added that the Town Board would continually review and update the Personnel Policy Manual as new issues arise.
The resolution was unanimously adopted.
3) 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 National Cargo for a Building Permit for vacant land north of Windward, Zoned I-1, as recommended by the Planning Board with the following stipulations:
§ This is an unlisted SEQR action based on the submitted Full EAF Parts 1 and 2 and a Negative Declaration is made.
§ A Landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 54% green space, the Landscape Completion Bond shall be presented to the Town Clerk in the amount of $36,593, or a certified check in the amount of $18,296.50, prior to receipt of a building permit.
§ The site lighting plan is limited to those fixtures and poles indicated on the approved site plan, which includes 250-watt freestanding light fixtures.
§ 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.
§ One of the 58 total parking spaces will be converted to handicap such that there will be a total of 3 handicapped parking spaces for the first phase.
§ Town Engineering approval which was granted on 1/19/00.
The resolution was unanimously adopted.
New Business #1 United States Department of Justice COPS MORE Grant Extension
4) 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 a request to apply for the United States Department of Justice COPS MORE Grant Extension for an additional year at a cost of $60,000.00 with $45,000.00 being supplied by the funding grant with matching funds by the Town for $15,000.00 for Public Safety Dispatchers, as recommended by the Chief of Police.
The resolution was unanimously adopted.
5) 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 the Police Chief to advertise for bids for four (4) mobile data terminals that are covered under the present COPS MORE Grant, with the time and place to be published in the public notice.
The resolution was unanimously adopted.
New Business #2 Refer to Planning Board and Conservation Board
6) 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 refer the following to the Planning Board and Conservation Board: 1) Target Store, 5622 Amanda Lane, request for a building permit for a temporary outside display structure to house a garden center. 2) Jack Bertsch, 3897 North Buffalo Road, request for building permit to construct a 1,100 sq.ft. office building. 3) Diversified Control, Inc., 3333 California Road, request for a building permit to construct a 94,000 sq.ft pre-engineered building and associated parking lot extension on a 6.9 acre parcel located directly north of the existing facility. 4) Douglas Naylon, 6030 Scherff Road, request to sub-divide 6030 Scherff Road and approve a two (2) lot sub-division. 5) Home & Office, 3555 North Buffalo Road, request for a building permit to construct a warehouse on the back of the current building for storage of furniture.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the Town is in the process of closing its accounting records for the fiscal year ended December 31, 1999, and
WHEREAS, certain appropriation accounts were noted to need adjustments to allow for appropriate closing of accounts, and
WHEREAS, the funding for these adjusted appropriations is available within other appropriation accounts in the Town’s 1999 budget,
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the budget transfers as follows:
|
Transfer from # Account |
Account Name |
Transfer to # Account |
Name |
Amount |
|
A.1010.000.413 |
Town Brd/Travel&Conf |
A.1010.000.100 |
Town Brd/Salaries/Council |
112.00 |
|
A.1110.000.400 |
Justice/Office Supplies |
A.1110.000.137 |
Justice/Clerical |
27.00 |
|
A.1110.000.445 |
Justice/Equip. Maint. |
A.1110.000.420 |
Justice Law Books |
86.25 |
|
A.1220.000.419 |
Supervisor/Other Exp |
A.1220.000.465 |
Supervisor/Debt Admin. |
1,272.50 |
|
A.9010.000.810 |
General/State Retire. |
A.1340.000.451 |
Budgeting/Acct. Serv. |
1,710.00 |
|
A.1355.000.460 |
Assess/Outside Appr. |
A.1355.000.111 |
Asses/Salary-Deputy |
402.01 |
|
A.1355.000.427 |
Asses/STAR Exp. |
A.1355.000.136 |
Asses/Star Clerical Salary |
220.75 |
|
A.1355.000.460 |
Asses/Outside Appr. |
A.1355.000.137 |
Asses/Salary Clerical |
301.07 |
|
A.1410.000.400 |
Tn Cl/Office Supplies |
A.1410.000.450 |
Tn Cl/Publishing |
708.50 |
|
A.1410.000.400 |
Tn Cl/Office Supplies |
A.1410.000.461 |
Records Management |
158.50 |
|
A.1670.000.139 |
Central Ser/Cler. Pool |
A.1670.000.411 |
Central Ser/Postage/all debt |
1,614.96 |
|
A.1670.000.811 |
Gen/Police Retirement |
A.3120.000.100 |
Police/Salary |
58,000.00 |
|
A.3510.000.419 |
Other expenses |
A.3510.000.111 |
Salary/Asst Dog Cont Ofcr |
526.58 |
|
A.5132.000.422 |
Hwy. Garage/Gas |
A.5132.000.423 |
Hwy.Garage/Water |
592.30 |
|
A.7020.000.149 |
Rec./Salary-Recreation |
A.7020.000.137 |
Rec/Salary-Clerical P/T |
647.82 |
|
A.9010.000.810 |
Retirement |
A.7110.000.144 |
Parks/Salary-Laborers |
11,022.49 |
|
A.7110.000.421 |
Parks/Electric |
A.7110.000.445 |
Parks/Vehic.Repair & Main |
1,318.01 |
|
A.7110.000.421 |
Parks/Electric |
A.7110.000.446 |
Parks/Sm Equip Repair |
343.52 |
|
A.7110.000.422 |
Parks/Gas |
A.7110.000.475 |
Parks/Gasoline |
1,296.75 |
|
A.7610.000.422 |
Sr. Ctz/Gas |
A.7610.000.421 |
Sr. Ctz/Electric |
2,098.98 |
|
A.9010.000.810 |
General/State Retirement |
A.9030.000.812 |
Gen./Social Security |
16,572.88 |
|
A.9010.000.810 |
General/State Retirement |
A.9045.000.815 |
Gen/Life Insurance |
1,118.79 |
|
B.3620.000.110 |
Safety Inspect./Fire Inspect |
B.3620.000.137 |
Safety Inspect/Clerical |
245.01 |
|
B.9010.000.810 |
Part town/State Retirement |
B.8010.000.139 |
Zoning/Salary of ½ Z Clerk |
2,803.88 |
|
B.9090.000.817 |
Part Town/Medicare |
B.9080.000.813 |
Part Town/Dental Insurance |
2,356.10 |
|
DA.1910.000.407 |
Hwy/Drug & Alcoh Test |
DA.1910.000.408 |
Hwy/First Aid Expenses |
143.39 |
|
DA.1910.000.407 |
Hwy/Drug & Alcoh Test |
DA.1910.000.430 |
Hwy/Pay to WS-Westgate |
40.00 |
|
DA.1910.000.407 |
Hwy/Drug & Alcho Test |
DA.1910.000.465 |
Hwy/Erie County Chargebk |
15.80 |
|
DA.5110.000.472 |
Hwy/Stone, Gravel etc |
DA.5110.000.440 |
Hwy/Equipment Rentals |
8,765.35 |
|
DA.5110.000.472 |
Hwy/Stone, Gravel etc. |
DA.5110.000.474 |
Hwy/Culvert Pipe |
6,784.16 |
|
DA.5110.000.472 |
Hwy/Stone, Gravel etc. |
DA.5112.000.200 |
Hwy/Permanent Improve. |
3,674.90 |
|
DA.5110.000.472 |
Hwy/Stone, Gravel etc |
DA.5140.000.416 |
Brush/Gas, Oil & Anti Free. |
3237.54 |
|
DA.5110.000.472 |
Hwy/Stone, Gravel etc. |
DA.5142.000.144 |
Snow/Laborers |
466.41 |
|
DA.5110.000.472 |
Hwy/Stone, Gravel etc |
DA.5142.000.402 |
Snow/Supplies |
16,886.80 |
|
DA.9060.000.814 |
Hyw/Hospital & Med. Ins. |
DA.9080.000.818 |
Hwy/Dental Insurance |
4,685.00 |
|
|
|
|
|
|
|
Amend the budget |
As follows:
|
|
|
|
|
Increase Estimated Revenue |
|
Increase Appropriations |
|
|
|
A.2705 |
D.A.R.E. Gifts & Donation |
A.2898.000.419 |
D.A.R.E. Expenses |
7000.00 |
The resolution was unanimously adopted.
Supervisor Cudney announced that the Town of Orchard Park is requesting a Tri-Board Meeting on April 13, 2000 at 7:30 P.M. in the basement of the Municipal Building. The Supervisor will be inviting the Village Board, School Board, Chamber of Commerce and the public to participate on the subject of a possible building moratorium in Orchard Park. The meeting will be informational as well as an open discussion.
Supervisor Cudney stated that she will attend a Regionalism from Action to Agenda Meeting, the second in a series on February 3, 2000, to participate with other local leaders to mold the direction of Western New York’s future.
Councilman Mills commented that Orchard Park is fortunate to have new businesses coming in to help build a base for industrial development, but along with this comes new problems and challenges for the Town Board and so cautions the Planning Board to review new projects thoroughly to protect the residents and accommodate expanding business in our community.
Councilman Buyer said that he has recommended to the Planning Board and Planning Board Chairman to consider using the State Environmental Quality Review Act as a way of measuring the growth impacts on the community. Under the SEQR Act, if a Positive Declaration were made, it would cause an Environmental Impact Statement to be done by the petitioner that would give a measurement of the impacts and the mitigation of such impacts. Councilman Buyer said he thinks that there is justification for the Planning Board to look at every subdivision with an eye towards a Positive Declaration and feel that this should be standard operating procedure over the next few years.
Councilwoman Ackerman reviewed some statistics from our Youth Court program and the positive aspects of this program. Councilwoman Ackerman stated that the D.A.R.E. Program held three graduations of 5th graders from South Davis, Ellicott and Nativity Schools and that the new D.A.R.E. Program Officer, Andy Benz, instituted a program last year which involved High School students returning to the Elementary 5th grade to share experiences with drugs and the pressures throughout their school years. Councilwoman Ackerman noted that the graduating class of 2000, which was the first to participate in the D.A.R.E. Program, had 40 student participants where last year, only two students were willing to come back, Councilwoman Ackerman believes there is a positive correlation between these two programs.
Councilwoman Ackerman stated that the Orchard Park Library held its Organizational Meeting and the new officers are: President, Margaret Whitcher; Vice President, Peter Gernold; Secretary, Elvira Diaz Treasurer, Dorothy Holmes; Trustee, Tom Grant
Councilwoman Ackerman offered a report on the United Way Buffalo News Fund in 1999 and its distribution.
Councilwoman Ackerman stated that on February 11, 2000, the Master Planning Committee will receive proposals from numerous consultants which will be reviewed by the Town Engineer, Councilwoman Ackerman, Village Trustee Wilson, School Representative Ann McCune and Erie County Representative
Chet Jandinski and hopefully the selection of a consultant will be finalized before the Tri-Board Meeting.
Councilman McCarville mentioned concern over growth and development, specifically in reference to our schools and the proposed new building of a High School. He said the Town has a lot of opportunities, mostly legal ones, to handle the growth. The Town needs to sift through these options and find the proper way to handle the issue of growth so the Town can dictate the direction we are going as opposed to being reactive as we have been sometimes. Councilman McCarville stated that he is concerned with the increasing unemployment and loss of businesses in the Western New York region and wished the Supervisor success at the Regionalism Meeting tomorrow.
Town Engineer Merritt stated that the Eggert Road School was closed on January 26th due to a water break in the Town occurring on the Village owned water line on Orchard Park Road, north of Milestrip Road. Town Engineer Merritt pointed out how important the water study being conducted by Consultant Malcom Pirnie is for improving the water system in the Town. Town Engineer Merritt stated that the results should be available for the Town Board in the spring.
Town Engineer Merritt stated that he spoke to the Engineer for the developer of Eagle Heights subdivision who informed him that he had received a letter requesting additional information concerning the Environmental Impact from the Planning Board. The Town Engineer felt this was a delaying tactic for this particular subdivision and neither this, nor any other subdivision, should be held accountable to address the cumulative effect on the school district. The Town Engineer also questioned what the Planning Board would do with this information, and how they would require the developer to mitigate the impacts if they determine a negative impact on the schools, and how will it effect development approval. He feels that if they ask every developer to complete this information, it is an inappropriate use of the SEQR law. The Town Engineer stated that the Town is engaging the school, Town and Village in a joint community planning effort and that is within the scope of work for a consultant to analyze the impact of growth on the schools and infrastructure. Engineer Merritt stated is not appropriate to ask a developer to do that.
Councilwoman Ackerman added that the issues of a SEQR document are the issues that can be mitigated by the developer. That is the intent of the SEQR document, not to discuss every possible ramification of the building of every single building in the community.
Councilman Buyer stated that another process of the SEQR is to identify impacts and suggested that the Planning Board does not use it adequately as it apply to schools.
The Town Engineer agreed with Councilman Buyer that we do not fully utilize SEQR and suggested the
Town retains a full time Planning Coordinator to guide the consultant.
Supervisor Cudney stated that the Town Legal Department could advise the Planning Board as to what SEQR can require.
Town Attorney commented that this being done, as Deputy Town Attorney Abate is the advisor to the Planning Board and is consulting with them.
Councilman McCarville added that the position of full time Planning Board Coordinator is a priority and should be put on the work session agenda.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #3, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 70,537.24 |
|
Part Town Fund |
$ 3,286.72 |
|
Highway Fund |
$ 39,168.03 |
|
Special Dists |
$ 5,284.53 |
|
Trust & Agency |
$ 5,943.40 |
|
Capital Fund |
$ 8,500.00 |
The resolution was unanimously adopted.
RESOLVED, that the Town Board is hereby authorized to receive and file the following report as entered on the agenda: 1) The Town of Orchard Park Control of Animals 1999 Annual Report.
The resolution was unanimously adopted.
There being no business before the Town Board, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:37 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk