Reg. Mtg. #7  Mtg. #8  4/6 /88 Page 1

 

A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, New York was held at the Municipal Building at Orchard Park, New York on the 6th day of April, 1988 at 8:00 P.M. EST, and there were

 

PRESENT AT ROLL CALL:               E. B. Woodard        Supervisor

J. J. Diggins         Councilman

D. J. Mill            Councilman

 

Betty K. Reukauf      Town Clerk

J. Michael Wolf       Deputy Town Attorney

Joseph Campion        Assistant Building Inspector

R. C. Henning         Police Chief

M. R. Merritt         Town Engineer

 

 

ABSENT:     D. P. Curley   Councilman

J. J. Mills  Councilman

L. Berkowitz  Town Attorney

R. A. Geitter  Supt. of Highways

R. W. Sweet  Building Inspector

 

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.

 

APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 3/2/88, as presented by the Town Clerk, be and are hereby approved, and be it further

 

RESOLVED that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.

 

THE RESOLUTION WAS DULY ADOPTED. PUBLIC HEARING

 

At 8:05 PM EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

 

to rezone property at 3856 Southwestern Blvd. from B-2 to B-2 Special Exception Use for use as a self service car wash as petitioned by Stadium Mobil, Inc.

 

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.

 

PROPONENTS

 

Kevin Saxon, 7903 Milestrip Road Robert Saxon, 4 Pine Terrace

 

OPPONENTS

 

No one spoke.

 

1 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Public Hearing in the matter of the rezoning of 3856 Southwestern Blvd. be and is hereby closed at 8:07 PM EDT.

 

 

THE RESOLUTION WAS DULY ADOPTED.

Reg. Mtg. #7  Mtg. #8   4/6 /88   Page 2

2 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION SECONDED BY COUNCILMAN MILL, TO WIT:

WHEREAS, following due and timely notice, a public hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

 

to rezone property at 3856 Southwestern Blvd. from B-2 to B-2 Special Exception Use for use as a self service car wash as petitioned by Stadium Mobil, Inc.

 

was conducted at the Municipal Building, 4295 South Buffalo Street, Orchard Park, New York on the 6th day of April 1988 at which all interested parties were given an opportunity to be heard, and

 

WHEREAS, approval from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and

 

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and

 

WHEREAS, the Town Board did Declare a Negative SEQRA Declaration NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from B-2 to B-2 Special Exception Use all tract or parcel of land bounded and described as follows:

All that Tract or Parcel of Land, situate in the Town of

Orchard Park, County of Erie and State of New York, being part of Lot Number forty (40), Township nine (9), Range seven (7) of the Holland Land Company's Survey, bounded and described as follows:‑

 

BEGINNING at the point of intersection of the northwesterly line of Southwestern Boulevard, with the westerly line of Abbott Road; running thence southwesterly along said line of Southwestern Boulevard, two hundred seventeen and four tenths (217.4) feet to a point; thence northwesterly forming an interior angle of 77° 28' with the last above described course One hundred thirty and twenty nine hundredth (130.29) Feet  to a point; thence southwesterly at an interior angle of 90°0'a distance of sixty (60) feet to a point; thence northwesterly at an interior angle of 90°0' a distance of one hundred forty three and sixty three hundredths (143.63) feet to the southerly line of Sheldon Road; thence east along the southerly line of said Sheldon Road a distance of three hundred five and sixty four hundredths (306.64) feet to a point where the southerly line of Sheldon Road meets the westerly line of Abbott Road, a distance of two hundred thirty (230) feet to the point of beginning

The parcel has been recorded in the Erie County Clerk's office under Liber 9593, pages 599, 600, 601.

 

Reg. Mtg. #7  Mtg. #8  4/6 /88  Page 3

This Ordinance shall take effect immediately in accordance with law.

 

 

THE RESOLUTION WAS DULY ADOPTED. Old Business #1 - Award Tree Bid.

 

3 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to award the bid to provide trees for the Town Spring Planting Program to Valley View Nurseries, 6135 Webster Rd., Orchard Park, they being the lowest responsible bidder thereof.

 

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

Old Business #2 and #3 Police Uniform Parts and Brush Pickup.

 

Removed from the Agenda. Town Clerk requested to put these two items on the agenda for 4/20/88.

 

New Business #1,2,3,5,6,7,8,9 - Referrals to the Planning Board.

 

4 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the following items as listed on the Agenda:

 

1.       National Health Care Affiliates, Inc., vacant land west side of Chestnut Ridge Rd. 1,300 ft. south of New Armor Rd. - Requests rezoning from R-3 to R-3 Special Ex­ception Use for Multi - Family Adult Care Facility. Refer to Planning Board.

2.       Southtowns Seafood, 65 Mid County Drive - Requests Change in Use and C/O for a wholesale warehouse and distribution of seafood products. Refer to Planning Board.

3.       Armor Bible Presbyterian Church, 5650 Powers Rd. - Requests Building Permit and C/0 for addition to church. Refer to Planning Board.

5.         Eckis Realty, Inc. Vacant land west of South Freeman Rd. adjacent to south boundary of Lakeridge Subdivision. Requests review of layout of proposed subdi­vision. Refer to Planning Board.

6.         Site Contractors, S3480 N. Benzing Rd. - Requests permission to install above ground 10,000 gallon tank for storage of Diesel Fuel. Refer to Planning Board.

7.         Frank Downing Auto Mall, Southwestern Blvd. - Requests Building Permit and C/O for new Automobile Dealership (Suzuki). Refer to Planning Board.

8.         Mercy Ambulatory Care Center, 3669 Southwestern Blvd. - Requests Building Permit and C/0 for a 12' x 22' storage building. Refer to Planning Board.

9.         J. Mills Distributing Co., 3360 N. Benzing Rd. - Requests Building Permit and C/0 for a 70'x 100' addition to building for storage. Refer. to Planning Board

 

THE RESOLUTION WAS DULY ADOPTED.

Reg. Mtg. #7  Mtg. #8  4/6/88  Page 4

New Business #4 - Carlton Technologies, Quaker Centre___ Ind. Park, Manufacturing facility.

 

5 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from Carleton Technologies, Quaker Centre, Industrial Park for a Building Permit and C/O for a manufacturing facility.

 

THE RESOLUTION WAS DULY ADOPTED.

 

6 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

WHEREAS, CarletonTechnologies has filed a letter of intent to construct a 75,000 sq.ft. building on a 15 acre site west of the present Quaker Centre Industrial Park, and

 

WHEREAS, it has been determined that this is a Type I Action for the purpose of SEQRA and/or will have a significant impact on the environment, and

 

WHEREAS, pursuant to the State Environmental Review Act, the Town Board has determined that this application should be considered with, and in conjunction with, all other appropriate agencies which shall ultimately issue permits in the event that this pro­ject is approved

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to apply to such other in­volved agencies for permission to act as Lead Agency in this matter, and be it further

RESOLVED the Planning Board Clerk be and is hereby directed- to prepare documents necessary for the town to obtain permission to act as Lead Agency.

 

THE RESOLUTION WAS DULY ADOPTED.

 

New Business #10 - O.P. Methodist Church - Picnic at Yates Park.

7 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the request from Orchard Park United Methodist Church, 3700 North Buffalo Road to use Yates Park on June 12, 1988 from noon - 6 PM for a "Childrens Day" picnic, and be it further

 

RESOLVED the Town Clerk be and is hereby directed to notify the Orchard Park United Methodist Church of the approval of their request with the stipulation that the Town does not reserve shelters and the coordinator of their picnic must contact Mr.Reese, the Park Superintendent, for use on designated areas for baseball and soccer.

THE RESOLUTION WAS DULY ADOPTED.

 

 

Reg. Mtg. #7  Mtg. #8  4/6 /88  Page 5

New Business #11 - Purchase of Dog Control Truck.

 

8 ) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to schedule a Bid Opening on April 26, 1988 at 2:00 P.M. EDT for the purchase of one (1) new 1988 Pickup Truck Cab and Chassis for the Dog Control Department, and be it further

 

RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

9 ) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to schedule a Bid Opening on April 26, 1988 at 2:00 P.M. EDT for the purchase of one (1) new Animobile Body for the Dog Control Department, and be it further

 

RESOLVED the Town Clerk be and is hereby directed-to publish due notice thereof.

 

THE RESOLUTION WAS DULY ADOPTED.

 

10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the following transfer as recommended by the Town Auditor:

$12,500.00 from B9999.909 Part Town Fund Balance

to B8020.139 Salary Planning Coordinator

 

THE RESOLUTION WAS DULY ADOPTED.

11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

WHEREAS, the Supervisors of the Town of Orchard Park and the Town of Boston have negotiated with the County of Erie to supply one (1) Senior Citizens Van to be used jointly by said Towns, and

WHEREAS, it has been agreed by the Supervisors of both Towns that strict rules and regulations for the use of said Van shall be made and enforced to keep the cost of maintenance of the Van at a minimum and therefore insuring the continued availa­bility of the Van

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to enter into a contract with the County of Erie to supply a Senior Citizens Van for use jointly by the Town

Reg. Mtg. #7  Mtg. #8   4/6 /88 Page 6

 

THE RESOLUTION WAS DULY ADOPTED.

12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Disabled American Vets to conduct their annual For-Get-Me-Not Drive on May 5-7, 1988 in the Town of Orchard Park.

 

THE RESOLUTION WAS DULY ADOPTED.

13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the appointments of the following to the Summer Recreation Staff as recommended by the Recreation

Director:

NAME

ADDRESS

POS

HRS

Eichberg, Jenny

2 Queens Place

D/C Dir.

30

Selent, Laura

4942 S. Freeman

D/C Dir.

30

Lillis, Joan

6274 Cole Road

P/G. Dir.

35

Hulsen, Amy

113 Meadowbrook

HD/GRD

35

Russell, Rick

145 Lawrence

HD/GRD

35

Connelly, Margaret

S-4567 Calif.

P/G Aide

35

Hoffman, Lawrence

7151 Ellicott

P/G Aide

35

Vogel, Colleen

6 Ridgewood

P/G Aide.

35

Willig, Denise

69 Eaglebrook

P/G Aide

35

Gernold, Rachel

6635 E. Quaker

D/C Aide

30

Higgins, James

6128 Powers

D/C Aide

30

Hughes, Jennifer

26 Harvard

D/C Aide

30

Wessel, Lynn

90 Scattertree

D/C Aide

30.

Zavitz, Karen

55 Hunters Ridge D/C Aide

30

Cooper, Ben

31 Bender

Grd/Inst

30

Hart, Bart

111 Henning

Grd/Inst

30

Williams, Scott

23 Thomaston

Grd/Inst

30

Kandefer, Kellie

276 Highland

Ten/Inst

30

Hecht, Margaret

14 Coventry

Ten/Super

10

Kirkner, Flo

16 Bender        Waterfront/Dir.

35

Shanahan, Jack

5936 Henning

Summer/Super

35

 

 

 

 

 

 

 

THE RESOLUTION WAS DULY ADOPTED.

t

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Nan Ackerman, 20 South Meadow Drive, to the Planning Board to fill a vacancy effective immediately with the term ending 12/31/89.

 

 

Reg. Mtg. #7  Mtg. #8  4/ 6 /88  Page 7

 

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY. COUNCILMAN MILL, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of the following to the Conservation Board effective immediately to a term ending 12/31/89:

 

1.      Ronald Mancuso, 76 Rolling Hills Drive (to fill unexpired term of Nan Ackerman)

2.      Robert Daniels, 65 Independence Drive

3.      Thomas Diggins, 5014 Murphy Road

4.      Charles Mclsaac, 205 Elmhurst Drive (Student Member)

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

WHEREAS, Buffalo Envelope Company has been issued a permit for a 156,000 sq.ft. build­ing on a 15 acre site north of the present end of Centre Drive and construction has already begun from a temporary access road from Ellis Road, and

 

WHEREAS, permanent access will be from a proposed 300 LF+/- extension of Centre Drive across a tributary to the south branch of Smokes Creek and a cul-de-sac, and this road must be completed in 1988 to allow Buffalo Envelope to occupy the building by the end of the year, and

 

WHEREAS, water service will be from an extension of the 12" main on Centre Drive and the sanitary sewer service will be a private lateral connected to the Town's main on Ellis Road, and

 

WHEREAS, under our existing agreement with Quaker Centre Associates the Town will construct new roadways and utilities upon request, with all costs being recovered through special assessments against the benefiting properties, and

 

WHEREAS, in this case the road will be financed under Section 200 of the Town Law and the waterline in O.P.W.D. #4 X 1 will be financed under Section 202B of the Town Law, and

WHEREAS, we have already filed a grant application with the New York State Department of Transportation to help offset some of the construction costs, but we will not know if the grant is approved until later this summer, and

WHEREAS, Quaker Centre Associates has submitted a petition requesting the Town to construct Phase III in accordance with our agreement

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to receive and file the petition from Quaker Centre Associates for the Phase III Extension of Centre Drive in accordance with our existing agreement and as recommended by the Town Engineer.

 

 

 

THE RESOLUTION WAS DULY ADOPTED.

Reg. Mtg. #7   Mtg. #8   4/6 /88   Page 8

17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

WHEREAS, under our existing agreement with Quaker Centre Associates the Town will construct new roadways and utilities upon request, with all costs being recovered through special assessments against the benefiting properties, and

 

WHEREAS, Quaker Centre Associates has submitted a petition requesting the Town to construct Phase III in accordance with our agreement, and

 

WHEREAS, in anticipation of a tight time schedule the. Town Engineer solicited proposals from consulting firms to do the necessary survey and design work

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign an agreement with Pratt & Huth Associates, 60 Earhart Drive, Williamsville, N.Y. to do the necessary survey and design work for construction of new roadways and utilities for Quaker Centre Phase III - extension of Centre Drive at a cost not to exceed $6,400.00 to be financed with a temporary loan from the General Fund and as recommended by the Town Engineer.

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to request the New York State Department of Transportation to do a traffic study on Route 20A in the vicinity of its intersection with Centre Drive and the Route 219 interchange.

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

 

WHEREAS, Carleton Technologies has submitted a letter of intent to construct a 75,000 sq.ft building on a 15 acre industrially zoned site to the west of the present Quaker Centre Industrial Park, and

 

WHEREAS, this will necessitate the expansion of Quaker Centre Industrial Park NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the agreement with Quaker Centre Assoc./Quaker Centre II Assoc. for the develop­ment of a 67 acre expansion to Quaker Centre Industrial Park, subject to the approval of Schedule D, restrictive covenants, as recommended by the Town Engineer and the Town Attorney.

 

THE RESOLUTION WAS DULY ADOPTED.

 

Reg. Mtg. #7   Mtg. #8  4/6/88  Page 9

 

20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to determine that the proposed expansion to Quaker Centre Industrial Park is a Type I Action under SEQRA, and be it further

RESOLVED the Town Board shall solicit Lead Agency Status as recommended by the Town Engineer and the Town Attorney.

 

 

THE RESOLUTION WAS DULY ADOPTED.

21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

 

WHEREAS, Quaker Centre Associates and Quaker Centre II Associates have recently purchased all of the available industrially zoned property between the existing Industrial Park and California Road, and

 

WHEREAS, Quaker Centre Associates and Quaker Centre II Associates have proposed to enter into an agreement with the Town of Orchard Park for the development of this land which is similar in nature to our present agreement for the original Industrial Park with proposed Phase IV being constructed as soon as possible and Phase V and VI to be constructed when requested by the developer, and

 

WHEREAS, under the proposed agreement the Town of Orchard Park will construct new road-ways and utilities upon request, with all costs being recovered through special assess­ments against the benefiting properties

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to receive and file the petition from Quaker Centre Associates and Quaker Centre II Associates for the Phase IV extension of Cobham Drive, as recommended by the Town Engineer and Town Attorney.

 

 

THE RESOLUTION WAS DULY ADOPTED.

22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

 

WHEREAS, Carleton Technologies has submitted a letter of intent to construct a 75,000 sq.ft. building on a 15 acre industrially zoned site to the west of the present Quaker Centre Industrial Park, and

 

WHEREAS, Carleton is requesting temporary access from the end of Stepping Stone Lane to construct their building during this year and next spring, prior to permanent access being established from a proposed public roadway extended from Centre Drive in the existing Industrial Park, and

 

WHEREAS, Quaker Centre Associates and Quaker Centre II Associates have recently pur­chased all of the available industrially zoned property between the existing Indus-trial Park and California Road, and

 

WHEREAS, they have proposed to enter an agreement with the Town of Orchard Park for the development of this land, similar in nature to our present agreement for the original Industrial Park, and

 

WHEREAS, under the proposed agreement the Town will construct new roadways and util­ities upon request, with all costs being recovered through special assessments against the benefiting properties, and

 

Reg. Mtg. #7   Mtg. #8  4/6 /88   Page 10

 

WHEREAS, in order to meet Carleton's tight time schedule, the developers have sub­mitted a petition requesting the Town to immediately begin the engineering and environmental studies necessary to obtain approvals for constructing Phase IV into the expanded Industrial Park, and the Town Engineer has solicited proposals from two consulting firms to do the necessary survey and design work

 

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign an agreement with Pratt & Huth Associates, 60 Earhart Drive, Williamsville for engineering services for the survey and design work necessary to obtain approvals for the construction of Phase IV of the proposed expansion to Quaker Centre Indus-trial Park, at a cost not to exceed Twenty-five Thousand Two Hundred ($25,200.00) dollars to be financed with a temporary loan from the General Fund, and as recommended by the Town Engineer and Town Attorney.

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

23) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

 

WHEREAS, the proposed expansion to Quaker Centre Industrial Park is a Type I Action under SEQRA, and

 

WHEREAS, the Town of Orchard Park has been informed by SHPO that this property is "archaeological sensitive" and a stage lb study will be required at a minimum, and

 

WHEREAS, the results of this study and the SEQRA process could significantly alter or. delay the overall approval of the park expansion

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the agreement with Ecology & Environment, Inc., 368 Pleasantview Drive, Lancaster, N.Y. for archaeological studies of the proposed expansion to Quaker Centre Industrial Park at a cost not to exceed Three Thousand Five Hundred ($3,500.00) dollars to be financed with a temporary loan from the General Fund as recommended by the Town Engineer and the Town Attorney.

 

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

24) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

WHEREAS, a purchase agreement has been successfully negotiated with the U. S. Postal Service for the two parcels of property adjacent to the Town Hall, and

 

WHEREAS, the Town Board is in receipt of the proposed contracts and they appear to be in order for signature

 

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the agreement with the U. S. Postal Service for the purchase of the property at 4305 South Buffalo Street (SBL #173.05-2-29) in the amount of $240,000.00 to be financed from the Capital Reserve Fund and borrowings to be authorized under the provisions of the Local Finance Law as recommended by the Town Attorney.

THE RESOLUTION WAS DULY ADOPTED.

Reg. Mtg. #7  Mtg. #8  4/6 /88  Page 11

25) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the agreement with the U. S. Postal Service for the purchase of the property at 4321 South Buffalo Street (SBL #173.05-2-27) in the amount of $63,000.00 to be fin­anced from the Capital Reserve Fund and borrowings to be authorized under the pro-visions of the Local Finance Law as recommended by the Town Attorney.

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

26) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

WHEREAS, a purchase agreement has been successfully negotiated with the U. S. Postal Service for the two properties adjacent to the Town Hall, and

 

WHEREAS, the Supervisor of the Town of Orchard Park has been directed to sign said purchase agreement, and

 

WHEREAS, it is necessary to obtain permission to enter onto said properties prior to closing for the purpose of surveys, measurements, soil borings etc., and

 

WHEREAS, the Town of Orchard Park is in receipt of the "right of entry" form from the U. S. Postal Service which basically holds them harmless from our actions

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the "right of entry" agreement with the U. S. Postal Service granting the Town access to the properties at 4305 and 4321 South Buffalo Street as recommended by the Town Attorney.

 

THE RESOLUTION WAS DULY ADOPTED.

27) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

WHEREAS, a purchase agreement has been successfully negotiated with the U. S. Postal . Service for the two properties adjacent to the Town Hall, and

 

WHEREAS, the Supervisor of the Town of Orchard Park has been directed to sign said purchase agreement, and

 

WHEREAS, it is necessary to obtain permission to enter onto said properties prior to closing for the purposes of surveys, measurements, soil borings etc., and

 

WHEREAS, the Town of Orchard Park is in receipt of the "right of entry" form from the U. S. Postal Service which basically holds them harmless from our actions, and

 

WHEREAS, as part of the agreement with the Architect Duchscherer Oberst Design, P.C. the Town of Orchard Park shall provide a property survey as a base map for their plans, and

WHEREAS, a proposal has been received from TVGA to prepare this legal survey NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the agreement with Tallamy, Van Kuren, Gertis & Associates, 70 Linwood Avenue, Orchard Park to prepare a legal survey of the properties at 4287, 4295, 4305 and 4321 South Buffalo Street, at a cost not to exceed $2,500.00 to be financed from the Capital Reserve Fund as recommended by the Town Attorney.

Reg. Mtg. #7  Mtg. #8  4/6 /88 Page 12

 

THE RESOLUTION WAS DULY ADOPTED.

 

28)        THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED and determined, pursuant to the provisions of Section 64-2 of the Town Law, subject to a permissive referendum, that the premises owned by the U. S. Post Office and commonly known as 4305 and 4321 South Buffalo Street, Orchard Park be purchased by the Town of Orchard Park for the total sum of $303,000.00. Said premises are described as follows:

 

4305 South Buffalo Street

Listed as Section, Block, and Lot No. 173.050-2-29 in the Town of Orchard Park Assessor's Office. This site has 127' of frontage along South Buffalo Street; a northerly side line of 294.87', a rear easterly perimeter of 141.75±', and a southerly lot line of 321.19' as measured along three courses of direction. In total, the site contains approximately 39,640i' sq. ft. or 0.91± acres.

 

4321 South Buffalo Street

 

Listed as Section, Block, and Lot No. 173.050-2-27 in the Town of Orchard Park Assessor's Office. This site has 40' of frontage along South Buffalo Street; a northerly lot line of 304.42-' as measured along three courses; an easterly boundary of 196.13-' and a southerly perimeter of 341.48-' as measured along three courses. In total, this site contains approximately 21.345± sq. ft. or 0.49± acres.

The question of the adoption of the foregoing resolution was duly put on roll call which resulted as follows:

 

Eugene B. Woodard        voting aye

James J. Diggins         voting aye

Dennis J. Mill           Voting aye

 

The resolution was duly adopted.

 

The Deputy Building Inspector reported a temporary restraining order of 30 days has been filed in the matter of the dilapidated building at 182 Lakeview Avenue preventing the Town from proceeding with demolition of the building.

 

Deputy Town Attorney Wolf stated he believes April 18th, 1988 is the court date in this matter.

29)        THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the application for P.I.P. #188 from Robert G. Braun, Watch Hill Development Corp. for the construction of Braunview Estates Subdivision, Part 2 consisting of 45 sublots as recommended by the Town Engineer.

 

THE RESOLUTION WAS DULY ADOPTED.

 

30)        THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign an agreement with DiDonato Associates, 443 Delaware Avenue, Buffalo, N.Y. for Consultant Inspection Services on P.I.P. #188 for the construction of Braunview Estates Subdivision, Phase 2 as recommended by the Town Engineer.

 

Reg. Mtg. #7   Mtg. #8  4/6 /88   Page 13

 

 

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

31) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #6 and the End of Month Warrant for March 1988 following auditing by members of the Town Board and in the funds indicated:

 

WARRANT #6           END OF MONTH

GENERAL FUND                          $56,460.28            $77,479.69

PART TOWN FUND                          2,741.00              4,034.49

HIGHWAY FUND                          10,757.02              21,224.93

SPECIAL DISTRICTS FUND                20,473.66               8,742.19

TRUST & AGENCY FUND                   51,746.61              15,422.95

CAPITAL FUND (Norstar)                  1,885.00                  -

 

 

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

32) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to receive and file the Communications as entered on the Agenda:

 

1. N.Y.S.D.O.T. 1] Reduce speed on Rt 20 from Leydecker Rd. to Seneca St. to 45 mph 2] Reduce speed on Rt 20 from intersection with Rt 240 and RT 277 northeasterly with Michael Rd. to 50 mph

2.       Smith, Pederson & Smith - Re: widening of Baker Rd.

 

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

33) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to receive and file the Report as entered on the Agenda: