Reg. Mtg. #1   Mtg. #2   1/6 /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 January, 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 Berkowtiz        Town Attorney

R. W. Sweet        Building Inspector

R. C. Henning      Police Chief

M. R. Merritt      Town Engineer

 

ABSENT:                    R. A. Geitter     Highway Superintendent

 

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 CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

 

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 12/2/87, 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 UNANIMOUSLY ADOPTED.

 

Old Business #1 - H. Fabinsky, Bender Dr. - Drainage ditch, Pleasant Acres Subdv.

 

Harold Fabinsky, 37 Bender Drive, appeared before the Town Board requesting the Town Board's help and direction in resolving the many problems, mostly drainage and pro­perty damage, caused by the developer of the proposed Pleasant Acres Subdivision.

 

Richard Tschampel, 36 Burbank Drive, related the many problems, property damage and town street damage caused by the developer of said proposed subdivison. Because of work done on a drainage ditch in this area, both residents are losing land by erosion.

 

Town Engineer Michael Merritt stated he is aware of the erosion in the area, however, the developer was not authorized by the Town to do the work and a Public Improvement Permit has not been issued.

 

Town Attorney Leonard Berkowitz stated the Town is not involved with the proposed project as plans from the developer have not been finalized and/or approved by the Town.

 

Councilman Dennis Mill stated these problems are not the Town's responsibility as it is not an approved project. It is the responsibility of the person who is doing or has done work on the drainage ditch, as he did not get downstream approval.

 

Supervisor Woodard stated he would refer their concern about damage to the streets to the Deputy Highway Superintendent for on site review and request him to contact them the next day.

 

Raymond Hutton, 32 Burbank Drive, questioned who's responsibility it is to make sure the developer reimburses the Town for the damage to the street(s).

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Old Business #2 - J. Kaminski, Squire Drive - Street name.

 

Joanne Kaminski, 1 Squire Drive, appeared before the Town Board requesting her legal street address remain 1 Squire Drive. She purchased her home in September 1985, re-quested a mailing address from the Building Inspector as her driveway entered onto a stub street, was assigned 1 Squire Drive and has used this address as her resident and business address. The Police and Fire Departments know this as Squire Drive and Squire Drive was indicated on the original subdivision maps and records.

 

On 12/23/87 a street sign with the name "Woodchuck" was put on this stub street and through contacting several involved Town Governments Offices found the only reason for the change was the request from Donald Litwin, the developer.

 

Old Business #2 - J. Kaminski, Squire Dr. -Street name.

 

1 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, 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 Joanne Kaminski, 1 Squire Drive, that the present Woodchuck Drive remain Squire Drive

as indicated on Subdivision maps and Town Hall records relative to Independence Heights Subdivision.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #3 - J. Bosse, Benzing Rd. Rezoning for Multiple Dwellings.

 

2 ) 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 schedule a Public Hearing on 2/3/88 at 8:05 P.M. EST as requested by John Bosse, S. Benzing Road and Southwestern Blvd. to rezone property from I-1 to R-4 for development of Multiple Dwellings, pending receipt of necessary fees, and be it further

 

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

E. B. Woodard  aye

J. J. Diggins  aye

D. J. Mill     aye

D. P. Curley   aye

J. J. Mills    nay

 

THE RESOLUTION WAS DULY ADOPTED.

 

New Business # 1, #2 & #3 - Referrals to Planning Board.

 

3 ) 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 to the Planning Board and Conservation Board the following as entered on the Agenda:

 

1.         Gardner Furniture, 3140 Orchard Park Rd. - Building Permit for 17,700 sq.ft. addition

2.         Federal Express, 3235 Southwestern Blvd. - Building Permit to erect a 60 sq.ft. Drop-off Station.

3.         Ronald L. Long, vacant land south side of Webster Rd. - 1,200 feet east of Errington Terrace - Building Permit(s) for Townhouse Development.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #1  Mtg. #2  1/6 /88  Page 3

 

New Business #4 - Orchard Park Jaycees - Jaycee Week.

 

4 ) 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 declare the week of January 17th to January 23rd, 1988 "Jaycee Week" in the Town of Orchard Park.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

WHEREAS, the Dept. of Environmental Conservation notified the Town of Orchard Park the gasoline tanks located at the Town's Highway Garage must be replaced immediately by tanks concreted into the ground as they do not conform to the D.E.C. Rules a Regula­tions

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to approve the replacement of said gasoline tanks, concreted in the ground and/or to conform with D.E.C. Rules and Regulations, by Fleischmann Service Corp., 65 Skillen Street, Buffalo, N.Y. at a cost not to exceed Twenty-nine Thousand Five Hundred twenty-four ($29,524.00) Dollars as recommended the Highway Superintendent, and be it further

 

RESOLVED this project shall be funded from the Contingency Account.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

6 ) 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 following appointments to the Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director:

 

Susan M Pernick- 19 Lehigh St.  Ins.

Timothy T. McMahon 41 Maple Dr.  Sub.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

7 ) 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 following Street Lighting proposal from New York State Electric & Gas Corp.:

 

Benning Road - Install 1 - 3300 lumen HPS lamp (Pole 18, Line 899)

 

Reg. Mtg. #1  Mtg. #2   1/6 /88   Page 4

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to approve the following appointments to the AD Hoc Review Committee to review the 1985 updated Zoning Ordin­ance and/or Master Plan as recommended by Councilman John Mills, Town Board liaison to this Committee:

 

Nan Ackerman, Chairman, 20 South Meadow Drive

Michael Harrigan, 5971 East Lake Avenue

Rex Brown, 23 Wellington Lane

James Loesch, 32 Milant Drive

Toni Cudney, 5991 Scherff Road

Phil Toohey, 105 Franklyn Street

Fran Hogenkamp, 6404 West Quaker Street

 

and be it further

 

RESOLVED this Committee shall meet every Wednesday at 8:00 P.M. EST for at least six weeks and shall make a finalized report to the TownBoard.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

WHEREAS, Quaker Centre Associates have submitted a modification for the agreement between the Town of Orchard Park and Quaker Centre Associates for the development of Quaker Centre Industrial Park, and

 

WHEREAS, this modification provides for the trade of a parcel of land owned by the Town, for use as a future road, for development by Buffalo Envelope in exchange for a parcel of land for a turn-a-round at the entrance to the proposed Buffalo Envelope development, and

 

WHEREAS, the Town Board has reviewed said -modification NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to execute the agreement with Quaker Centre Associates which provides for the trade of a parcel of land owned by the Town, for use as a future road, for development by Buf­falo Envelope in exchange for a parcel of land for a turn-a-round at the entrance to the proposed Buffalo Envelope development, and be it further

 

RESOLVED, this agreement is contingent upon:

1.       a Building Permit being issued for Buffalo Envelope   '

2.       Payment by Buffalo Envelope and/or Quaker Centre Associates to the Town of Orchard Park for the publication expense for the conveyance of said real estate

 

as recommended by the Town Attorney.

 

Reg. Mtg. #1  Mtg. #2  1/6 /88  Page 5

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

10 ) 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 refer to the Planning Board and Conservation Board the request from Buffalo Envelope, Centre Drive, for a Building Permit.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

11 ) 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 the request from the Building Inspector to attend with his two Deputies the Niagara Frontier Building ' Officials Association School at Niagara Falls, N.Y. on February 1 - 3, 1988 at Town expense.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

WHEREAS, the Village of Orchard Park shall abandon the Village water transmission system by the end of 1988, and

WHEREAS, a joint project to replace the existing Village water transmission system shall by undertaken by the Town of Aurora and the Town and Village of Orchard Park and the Erie County Water Authority

 

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the proposal from R & D Engineering and Land Surveying, 850 Ellicott Square Building, Buffalo, N.Y. to prepare a Map, Plan & Report to create the proposed new Water Districts #15, exten­sion 1 and #17, extension 2 under Section 209 of the Town Law and a Map, Plan & Re-port for the increase and improvements to Water Districts #9, #9xl,. #9x2. #9x3, #9x4, #11 and #15 under Section 202B of the Town Law at a cost not to exceed Four Thousand Five Hundred ($4,500.00) Dollars plus certain unforseen reimbursable expenses as re-commended by the Town Engineer and this expenditure is to be funded from General Fund.

 

 

 

Reg. Mtg. #1  Mtg. #2   1/6 /88  Page 6

13 ) 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 all entries on the End of Month Warrant for December 1987 following auditing by members of the Town Board and in the funds indicated:

 

END OF MONTH

GENERAL FUND                           $197,142.39

PART TOWN FUND                            6,406.52

HIGHWAY FUND                             53,695.43

SPECIAL DISTRICTS FUND                   29,001.98

TRUST & AGENCY FUND                      31,091.73

CAPITAL FUND (Norstar)                   35,910.16

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

14 ) 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.       DeAngelis & Ucci Ltd., Williamsville, N.Y...RE: Maintenance of drainage easement on 180 Independence Drive.

2.       Town of Marilla - Adopted resolution RE: Opposition to New York State Legislation requiring euthanization of animals.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

15 ) 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 fol­lowing Reports as entered on the agenda:

1.       Building Permits and Building Inspector's Report for December 1987.

2.       Zoning Board of Appeals - Summary Report if 1987 Actions of the Board.

3.       Building Inspector's Annual Report for the year 1987.

and

4.       Planning Board Summary Report of 1987 Actions of the Board.

 

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Woodard thanked the Chairman of the Boards for their yearly report.

 

 

Reg. Mtg. #1   .Mtg. #2   1/ 6 /88  Page 7

BUSINESS FROM THE FLOOR

Paul Barnas, 3871 N. Freeman Rd. - Requested information re: the Orchard Park building registered on the Historical Rolls. The Town Board stated they have had correspondence in regard to this and are in the process of gathering more information and shall re-port any information when available.

 

 

Raymond Hutton, Town Tax Receiver - Requested information about a new zip code in town #14128. The Town Board is aware of this and are awaiting a return call from the Orchard Park Post Master.

 

Harold Fabinsky, 37 Bender Drive — Thanked the Town Board for their help and concern with his problem with the developer of Pleasant Acres Subdivision. He also stated he feels developers are not following rules and regulations and perhaps some thought might be put on some way to make them conform.

 

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:50 P.M. EST.

Respectfully submitted,

Betty K Reukauf,  Town Clerk