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Reg. Mtg. #4 Mtg. #5 2/17/88 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 17th day of February 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
D. P. Curley Councilman
J. J. Mills Councilman
Betty K. Reukauf Town Clerk
L. Berkowitz Town Attorney
R. W. Sweet Building Inspector
R. C. Henning Police Chief
R. A. Geitter Supt. of Highways
M. R. Merritt Town Engineer
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
Old Business #1 - Local Union 1339, California Rd. - Change in Use.
1 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Local Union 1339 I.B.E.W. Building Corp., 3619 California Road for a Change in Use
for a building from office/warehouse to office/meeting hall as recommended by the Planning Board 2/10/88 with the stipulation that the use of the building be restricted to to members, and be it further
RESOLVED that the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 2/10/88.
Before the vote was taken, a discussion was held by members of the Town Board and the Town Attorney re: enforcement of the above stipulation. At this point, Councilman Mill amended his resolution to remove the stipulation, Councilman Mills withdrew his 2nd and the amended resolution died for lack of a 2nd.
(Old Business #1 - Local Union 1339, California Rd. - Change in Use.)
2 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Local Union 1339 I.B.E.W. Building Corp., 3619 California Road for a Change in Use
for a building from office/warehouse to office/meeting hall as recommended by the Planning Board 2/10/88 with the stipulation that the use of the building be restricted to members, and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 2/10/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - J.E. Bertsch, N. Buffalo St. - Change in Use from residential to business
3 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Jack E. Bertsch, 3895 N. Buffalo Road for a Change in Use for a building from residential to business as recommended by the Planning Board 2/10/88 with the stipulation that parking for use of the barn be reviewed with a Building Permit Application, and be it further
Reg. Mtg. #4 Mtg. #5 2/17/88 Page 2 RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 2/10/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Buffalo Envelope, Centre Dr.- revised site plans.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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 Buffalo Envelope, Centre Drive for approval of revised site plan as recommended by the Planning Board with stipulations 2/10/88, and
WHEREAS, Buffalo Envelope Company has made application to the Town for site plan approval of a proposed $150,000+ square foot manufacturing facility;
WHEREAS, pursuant to 6 NYCRR §617.12(b)(6)(iv), the proposed project is a Type I action for the purposes of the State Environmental Quality Review Act (SEQRA);
WHEREAS, Buffalo Envelope prepared and submitted an Environmental Assessment Form with its request for site plan approval;
WHEREAS, the Town distributed a Solicitation for Lead Agency status and copies of the Environmental Assessment Form to all agencies involved in the action;
WHEREAS, no involved agencies objected to the Town assuming lead agency status;
WHEREAS, the action was referred to the Town Engineer and the Planning Board for review and the Town Board has received their recommendations;
WHEREAS, the Town Board has-given consideration to the EAF submitted by Buffalo Envelope Company, with particular attention to those criteria set. forth in 6 NYCRR §617.11(a);
WHEREAS, all of the requirements of 6 NYCRR Part 617 have been met;
WHEREAS, consistent with social, economic and other essential considerations from among the reasonable alternatives, the proposed action is one which minimizes or avoids adverse environmental effects to-the maximum extent practicable, including the effects disclosed in the Environmental Assessment Form;
NOW THEREFORE, be it resolved that the Town Board hereby determines that the proposed action of Buffalo Envelope Company will not have a significant effect on the environment and hereby issues a negative declaration with regard to such action;
BE IT FURTHER RESOLVED that the Planning Board Clerk is hereby instructed to prepare a Notice of Negative Declaration in accordance with 6 NYCRR §617.10(a)(2), to maintain the Negative Declaration on file for public review and to file the Negative Declaration-with the Commissioner of the Department of Environmental Conservation for publication in the Environmental News Bulletin, and also with the Regional Office of the DEC, the Chief Executive Officer of the Town of Orchard Park, Buffalo Envelope Company and any other agencies involved in the proposed action, all in accordance with 6 NYCRR §617.10.(a)(2).
BE IT FURTHER RESOLVED that the Planning Board Clerk include notice of filing of the Negative Declaration in any notice of site plan approval required pursuant to the Town Zoning Ordinance.
v Reg. Mtg. #4 Mtg. #5 2/17/88 Page 3
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
At this time Richard B. Dopkins, Esq. appeared before the Town Board representing Buffalo Envelope requesting that the adopted resolution contain a Negative Declaration and notice that an extensive Archeological Study has been made of this area.
Old Business #4 - Southtowns Tele-Communications, Abbott Road - office building.
5 ) 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 Southtowns Tele-Communications, Inc., vacant land south of 3751 Abbott Road for a Building Permit for a 30' x 60' office building as recommended by the Planning Board 2/10/88, and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 2/10/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #5 - Fifty One Commerce Parkway, Inc California Rd. - Warehouse/Office.
6 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Fifty One Commerce Parkway, Inc., vacant land between 3596 and 3686 California Road for a Building Permit for a 7,050 sq.ft. Warehouse/Office Building as recommended by the Planning Board 2/10/88 with the stipulation that a corrected Landscape Plan be re-viewed by the Conservation Board as per §144-44 of the Town Code of Ordinance, and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 2/10/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED. Old Business #6 - Stable Permit renewals.
7 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the renewal of the following Stable Permit Applications as recommended by the Town Building Inspector:
1] White Meadow Farm (Robert & Betty Sue Carroll) 76614 Behm Road
2] Michelle Lee Stables (Tremont Bay Co., Ltd.) 7895 East Quaker Road
3] Frederick & Judith Ressel, 5980 Armor Road
14] Johnny Chapman Training Stable, Inc., 5999 South Abbott Road
Reg. Mtg. #4 Mtg. #5 2/17/88 Page 4
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 1 & #2 - Referrals to the Planning Board.
8 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to refer the following items to the Planning Board and Conservation Board as entered on the Agenda:
#1 - K-Mart, S3195 Southwestern Blvd. - Requests Building Permit for temporary 1,000 sq.ft. structure.
#2 - Bells, S4050 North Buffalo Road - Requests Building Permit for temporary 21' x 64' structure.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - March of Dimes - Walk America Day.
9 ) 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 March of Dimes, 470 Franklin Street, Buffalo, N.Y. to conduct their annual Walk America Day on the streets of Orchard Park April 24, 1988.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - Appointment of Clerk to the Engineering Staff.
10) 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 from the Clerk Typist Civil Service List of Shirley Beyer, 70 Maple Drive, assigned to the Engineering Staff effective 3/7/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #4 Mtg. #5 2/17/88 Page 5
11) 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 adopt Investment Policies and Guidlines to be followed for certain investments made by the Town, as recommended by the Town Attorney and Town Auditor, and be it further
RESOLVED a copy of these adopted Investment Policies and Guidlines shall be sent to the following area banks:
Norstar, Key Bank, Marine and Chase Lincoln and be it further
RESOLVED a copy of these policies and guidelines are on file in the Town clerk's office and attached to these minutes.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS, the Town Board Town Engineer Michael Merritt have expressed their concern for improving and maintaining the quality of the Green Lake Resources, and
WHEREAS, after meeting with members from the Office of Sponsored Research at Fredonia State University College, requested them to submit a proposal to conduct a scientific study of Green Lake and to develop a plan to manage the aquatic plant growth, fish population, and water transparency in the lake, and
WHEREAS, a proposal from Fredonia State University College for the study of Green Lake which shall provide the Town with a management plan for the lake has been received
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to enter into an agreement with the State University College at Fredonia, New York as re-commended by the Town Engineer to provide a scientific study of Green Lake and to develop a plan to manage the aquatic plant growth, fish population, water transparency in the lake and provide sufficient information to make sound decisions about managing the lake at a cost not to exceed Thirty-three Thousand Four Hundred seventy-five Dollars ($33,475.00) to be funded from the Recreation Land Fees Account.
THE RESOLUTION WAS UNANIMOUSLY 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 appointment of the following to the Fall/Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director:
Mike Finnerty 6679 Jewett Holmwood Rd. Golf Instr.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #4 Mtg. #5 2/17/88 Page 6
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS, the Building Inspector was directed to prepare a report in the matter of the property located at 182 Lakeview Ave., and
WHEREAS, said report was filed with the Town Board and finds the house and garage at 182 Lakeview Ave. dangerous and unsafe and should be demolished, and
WHEREAS, it is necessary to provide a notice to the owner of said property that the Town shall be demolishing the house and garage located on the property and provide the owner with a reasonable length of time to make necessary repairs, and
WHEREAS, this notice must be served on the property owner and/or any other parties who have interest in said property
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to notify the owner of property located at 182 Lakeview Ave. with twenty-one (21) days from 2/17/88 to improve the dangerous and unsafe property, and be it further
RESOLVED the Town Board be and is hereby authorized to schedule a Hearing on 3/16/88 at 8:05 P.M. EST to provide the owner the opportunity to appear before the Town Board to state his position in this matter, and be it further
RESOLVED that said notification be served on said owner of 182 Lakeview Ave:. and any other person who has interest in the property.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Diggins requested that review of the ordinance that covers fees and penalties for property violations be scheduled on the agenda for the Town Board's next work session.
15) 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 direct the Supervisor to enter into a personal service contract with Paul Higby, 26 Briar Hill Road, to provide services to the Town of Orchard Park effective 3/1/88 as the Planning Coordinator, part-time, 1040 hours of service, 20 hrs/week at a cost not to exceed Fifteen Thousand Dollars ($15,000.00) for the year 1988.
Before the vote was taken:
1] Councilman Mill stated this is a very important position
2] Councilman Curley stated this is the beginning of a new concept for our town
3] Councilman Mills stated he shall vote nay on this resolution as he feels it should be a full time position and the job description is really unstructured, but Mr.Higby is highly qualified
J. J. Diggins aye
D. J. Mill aye
D. P. Curley aye
J. J. Mills nay
THE RESOLUTION WAS DULY ADOPTED.
Councilman Mill reported on a letter received from Dr. Stoddard, Superintendent of the Orchard Park Schools requesting a joint meeting of the Town Board, Village Board and the School Board on March 10, 1988 to discuss many items that are of current interest to the community.
Councilman Curley reported on his attendance at the Association of Towns Meeting held in New York City in February 1988. He believes that Orchard Park should begin working with other surrounding towns on the problem of solid waste disposals which definitely was the States number one issue at this New York Meeting.
Reg. Mtg. #4 Mtg. #5 2/17/88 Page 7
Councilman Mills reported on 1] the outstanding Association of Towns Meeting and the great interest everyone has in the serious problem now, and in the future, of Solid Waste Disposal, and 2] suggested that if the Town Board feels building is running rapid and/or out of control in the Town of Orchard Park perhaps we should consider a 30-60 day moratorium on building permits to allow the Town to catch up on the volume of applications.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS, the Town of Orchard Park has received from the United States Postal Service a proposed "Offer to Purchase" for the purchase of land and building located at 4305 and 4321 South Buffalo Street, and
WHEREAS, the property at 4321 South Buffalo Street has been appraised at $172,000.00 and the assessed valuation of the property at 4305 South Buffalo Street is $63,000.00, the Town Engineer has suggested that an offer of $235,000.00 be made for the two (2) properties, and
WHEREAS, the "Offer to Purchase" includes Historic Restrictive Covenants as outlined by the New York State Historic Preservation Office
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the "Offer to Purchase" from the United States Postal Service to real property and building located at 4305 South Buffalo Street and 4321 South Buffalo Street, each parcel of property to have it's own "Offer to Purchase" at a proposed cost of 235,000.00 with the following contingencies as recommended by the Town Attorney:
This offer is contingent upon approval by the New York State Office of Parks, Recreation and Historic Preservation for the proposed improvements that the Town of Orchard Park intends to make on the premises referred to in this contract. Such approval shall be secured on or before November 8, 1988. In the event that approval is not secured on or before that date, this contract shall be null and void and neither party shall have an obligation to the other.
This contract is contingent upon a positive vote by the People of the Town of Orchard Park for the construction of a new Town Hall which will include the premises referred to in this contract. A referendum vote for approval by the People of the Town of Orchard Park will be scheduled for November 8, 1988. In the event that a majority of the voters of the Town of Orchard Park reject proposal to construct a new Town Hall including the premises referred to in this contract, this contract shall be null and void and neither party shall be obligated to the other.
This contract is contingent upon removal of asbestos in the premises on or before November 8, 1988.
Offeror shall attach to this Offer to Purchase a copy of a resolution adopted by the Offeror's governing body establishing the authority of the person or persons signing this Offer to Purchase to act on behalf of the Offeror. The resolution shall contain the essential
stipulations embodies in this Offer to Purchase and the name and title of each person signing the Offer to Purchase.
and be it further
RESOLVED a copy of both "Offer to Purchase" is attached to these minutes.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #4 Mtg. #5 2/17/88 Page 8
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT: Rescinded 3/2/88
WHEREAS, on 1/6/88 the Town Board did authorize R & D Engineering to prepare a map, plan and report for the proposed creation of Orchard Park Water District #15 Extension #1, and
WHEREAS, this map, plan and report has been filed with and reviewed by the Town Engineer
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to accept the map, plan and report prepared by R & D Engineering for the proposed Orchard Park Water District #15 Extension #1 as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18 THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT: Rescinded 3/2/88
RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 3/9/88 at 8:00 P.M. EST in the matter of the creation of Water District #15 Extension #1 as recommended by the Town Attorney, and be it further
RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT: Rescinded 3/2/88
WHEREAS on 1/6/88 the Town Board did authorize R & D Engineering to prepare a map, plan and report for the proposed creation of Orchard Park Water District #17 Extension #2, and
WHEREAS, said map, plan and report has been received and reviewed by the Town Engineer NOW THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to accept the map, plan and report for the proposed Orchard Park Water District #17 extension #2, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 3/9/88 at 8:00 P.M. EST in the matter of the creation of Orchard Park Water District #17 extension #2 as recommended by the Town Engineer, and be it
RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.
Reg. Mtg. #4 Mtg. #5 2/17/88 Page 9
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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 #3 following auditing by members of the Town Board and in the funds indicated:
WARRANT #3
GENERAL FUND $201,633.65
PART TOWN FUND 5,920.44
HIGHWAY FUND 178,307.30
SPECIAL DISTRICTS FUND 271,276.59
TRUST & AGENCY FUND 26,231.28
CAPITAL FUND (Norstar) 10.00
HUD COMM.DEV. FUND 464.05
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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. Town of Grand Island & Town of Boston Adopted resolution in support of Town of Cheektowaga request for Erie County to distribute to Towns portion of sales tax.
2. N.Y.S. Department of Transportation RE: southbound and northbound lanes of Milestrip Road at intersection of Rt. #20 becoming left turn lane, dated 2/2/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED. BUSINESS FROM THE FLOOR
Richard Sullivan, Esq., 75 South Lane - appeared before the Town Board representing William Bender, developer of a proposed residential subdivision north of Taylor Road. Residents from the area of proposed subdivision had appeared before the Town Board at a recent meeting voicing their concern and displeasure at the open ditch eroding their property and causing damage to the Town owned streets.
Mr. Sullivan feels the concerns of these property owners could be eliminated if the natural drainage ditch could be dug out. However, the drainage ditch runs through property owned by John Krull and believes Mr. Krull will not allow the Town to come on his property. He feels the Town shall have to obtain an easement to deal with the drainage problem.
Supervisor Woodard stated the legal department is aware and is reviewing the situation.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:06 P.M. EST.
Respectfully submitted,
Betty Reukauf, Town Clerk