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 21st day of November 2001 at 7:00 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
Stanley A. Jemiolo Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Chief of Police
ABSENT: Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the minutes of the Town Board Meeting, held on November 7, 2001, 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 To rezone property located at 3518 Southwestern Blvd., for Delia Car Company
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, Mr. Frank Delia has petitioned to rezone property at 3518 Southwestern Boulevard from I-1 to B-2, with Special Exception Use, to convert the usage of this property into a new car dealership, and
WHEREAS, a Public Hearing in this matter was held on November 7, 2001
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the rezoning of 3518 Southwestern Boulevard from I-1 to B-2 based on the following stipulations as recommended by the Planning Board on 10/10/01:
§ This is an unlisted SEQR Action based on the submitted Full EAF Parts 1 & 2, and a Negative Declaration is made.
§ Fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice.
§ The recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans dated 10/3/01, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
RESOLVED, that the Town Board does hereby approve the requested Special Exception Use permit for a new auto franchise dealership with a detailing shop for servicing vehicles sold at this site based on the following stipulations as recommended by the Planning Board on 10/10/01:
§ The proposed project is in compliance with the Town’s long range comprehensive plan.
§ The applicant has demonstrated a need for the project.
§ The project is compatible with adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land value or public safety.
§ The applicant has demonstrated an orderly flow of traffic ingress and egress. (Auto transports shall be off or on loaded per the applicant’s site plan submitted 10/3/01, and on and off loading of auto transports along the Southwestern Blvd. shoulder is prohibited).
§ The applicant has provided suitable parking facilities, which included two (2), enclosed parking spaces in the westerly building.
§ Landscaping as indicated on the proposed plan will provide adequate screening.
§ Free area for recreation is not required.
§ The nearness and impact on schools and utilities is not an issue.
§ The health and safety of adjacent properties is not affected.
The resolution was unanimously adopted.
New Business #1 Appointment to fill vacancy on the Planning Board
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 appoint William J. McNamara Jr., 141 Stonehenge Drive to the Planning Board to fill the vacancy of the unexpired term which ends on 12/31/2003.
The resolution was unanimously adopted.
New Business #2 Appointment to fill vacancy for Alternate Member to the Zoning Board of Appeals
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby appoint Robert Lennartz, 51 Timberlake Dr., as Alternate to the Zoning Board to fill the vacancy of the unexpired term which ends on 12/31/2002.
The resolution was unanimously adopted.
New Business #3 Town Policy regarding Military Reservists called to Active Duty
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town of Orchard Park has military reserve personnel that have been called to active duty, and
WHEREAS, the Town needs to establish its policy regarding the reservists that have been called to active duty since the September 11th terrorists attack
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby establish the following policy for the Military Reservists who have been called to active duty:
§ The employee will be allowed to exhaust vacation time, personal leave days and comp time before commencing the official military leave of absence period with the Town.
§ The Town will fund a wage differential for a period of six (6) months once the leave is started. The wage differential will be calculated by subtracting the Gross Wages amount received for military wages from the regular contracted annual salary of the employee. The employee will be required to submit proof of military pay (A leave earnings statement; LES) to the Payroll Office prior to the issuance of any wage differential payments.
§ Employee and family medical insurance, including dental benefits will be continued and funded by the Town for the same six- (6) month period. This will be consistent with the level of benefits in place for the employee.
§ Reemployment rights are guaranteed under Law. The retirement service credits for active duty will apply as per New York State Retirement Law. Any questions regarding employee rights or status as it relates to the retirement system can be directed to John Cooper NYS Retirement System at (518) 402-0110.
§ The supervisor’s office can be contacted if there are any additional questions.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, 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 10, 2001, at 10:00 AM (local time), in the Supervisor’s Conference Room, for three (3) New 2001 Patrol Cars and one (1) New 2001 Utility Vehicle for the Orchard Park Police Department, 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.
Elected Officials & Department Heads
7) 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 authorize the following budget transfer, as recommended by the Dog Control Officer
$500.00 From: A.3510.000.420 Nuisance Animal Control
To: A.3510.000.419 Other Expenses
The resolution was unanimously adopted.
8) 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 authorize the following budget transfer, as recommended by the Supervisor
$2000.00 From: A.7610.000.100 Senior Center Salaries
To: A.7610.000.401 Senior Citizens Van Drivers Salaries
The resolution was unanimously adopted.
Supervisor Cudney reviewed the memo from the Chamber of Commerce which outlined the construction taking place along 240/277 and work that is scheduled. She also wished to encourage everyone to patronize the businesses that are affected by the construction work, especially during the Holiday Season.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town Board, on August 15, 2001, scheduled a Public Hearing to hear all interested parties on for the proposed Local Law 3-2001, amending the Town Code of the Town of Orchard Park, and
WHEREAS, notice of said Public Hearing was duly published in the official newspaper of the Town of Orchard Park, and
WHEREAS, said Public Hearing was duly held on September 19, 2001, and
WHEREAS, the Town of Orchard Park, after due deliberation, finds it in the best interests of the Town to adopt said local law amending the Town Code of the Town of Orchard Park,
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Orchard Park is hereby adopting Local Law 3-2001 amending the Town Code of the Town of Orchard Park, as indicated below and made a part hereof, and be it further
RESOLVED, the Town Clerk is hereby directed to enter said Local Law #3 in the minutes of this meeting, and in the Code of the Town of Orchard Park and to file Local Law #3 with the Office of the New York State Secretary of State:
§2-2 Legislative Intent is hereby amended by eliminating the words “the Zoning Board”.
The following paragraph is added to §2-2:
It is the desire of the Zoning Board of Appeals to have a full compliment of voting members at each meeting in which action is to be taken on an application. In any instance where a voting member of the Zoning Board of Appeals is absent, the use of an alternate member is hereby authorized pursuant to the provisions of this chapter. In promulgating this Local Law the Zoning Board of Appeals hopes to keep its alternates informed and active in Town matters.
§2-3 Definitions are hereby amended as follows:
The following language is substituted for the definition of alternate member:
ALTERNATE MEMBER – An individual appointed by the Town Board who is utilized when a regular member is unable to participate on an application or matter before the respective board, as provided herein.
Councilman Buyer stated the alternate for the Zoning Board of Appeals votes in the absence of a member, while the alternate for the Planning Board only votes when there is no quorum. He stated this for clarification at this time.
The question of the adoption was duly put to a roll call vote, which resulted as follows:
Toni M. Cudney, Supervisor Aye
John J. Mills, Councilman Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
Stanley A. Jemiolo, Jr., Councilman Aye
The resolution was unanimously adopted.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #22 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$68,038.54 |
|
Part Town Fund |
$383.29 |
|
Highway Fund |
$13,378.89 |
|
Special Districts |
$95,092.00 |
|
Trust & Agency |
$22,815.09 |
|
Capital Fund |
$366,715.56 |
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 receive and file the following Communication as entered on the agenda: The Erie County Industrial Development Agency will conduct a Public Hearing on December 10, 2001, at 9:00 AM, in the basement meeting room of the Orchard Park Municipal Center, for the construction and operation of an approximate 13,000 +/- square foot medical office building, vacant land on Sterling Drive in the Sterling Business Park, Orchard Park.
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Report as entered on the agenda: Building Inspectors Monthly Report & Building Permits for October 2001.
The resolution was unanimously adopted.
There being no business from the floor, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, the meeting was adjourned at 7:19 PM.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk