Reg. Mtg. #2 Mtg. #3 1/20/88 Page 1
A Regular fleeting 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 20th 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
J. J. Mills Councilman
Betty K. Reuakuf Town Clerk
L. Berkowitz Councilman
R. W. Sweet Building Inspector
R. C. Henning Police Chief
R. A. Geitter Supt. of Highways
M. R. Merritt Town Engineer
ABSENT: D..P. Curley Councilman, entered meeting at 8:25 P.M. EST
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 MILLS, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 12/16/87 and the Organization Meeting held on 1/1/88, 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.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business #1 - Soderholm Engineering (Burwardt) Armor Rd. - Multi-tenant building.
1 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Soderholm Engineering (Ken Burgwardt) 5020 Armor Road for a building permit for a 5,000 sq.ft. multi tenant building and a Negative SEQRA Declaration as recommended by the Planning Board 1/13/88.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - Ciminelli Dev. Co., Inc.,Mid County Dr. (Moog) building addition.
2 ) 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 Ciminelli Development Co., Inc. 140 Mid County Drive (Moog) for a building permit for a 21,000 sq.ft. addition and a Negative SEQRA Declaration as recommended by the Planning Board 1/13/88.
Reg. Mtg. #2 Mtg. #3 1/20/88 Page 2
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business #3 - Gardner Furniture, Orchard Park Rd. - Building addition.
3 ) 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 Gardner Furniture, 3140 Orchard Park Road for a building permit for a 17,700 sq.ft. addition with the stipulation that delineated parking spaces be dimensioned and tree species be changed on plans submitted for permit, as recommended by the Planning Board 1/13/88, and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 1/13/88.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business #4 - Federal Express, Southwestern Blvd., Drop-off station.
4 ) 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 Federal Express, 3235 Southwestern Blvd. for a building permit to erect a 60 sq.ft. Drop-off Station and a Negative SEQRA Declaration as recommended by the Planning Board 1/13/88.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
New Business #1 - J.E.Bertsch, N.Buffalo Rd. - Change in Use - residential to Commercial.
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 Jack E. Bertsch, 3895 N. Buffalo Road for a Change in Use from residential to commercial.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
New Business #2 (not on agenda) - Buffalo Envelope, Centre D.- revised plans.
6 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
Reg. Mtg. #2 Mtg. #3 1/20/88 Page 3
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 approval of revised plans.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
7 ) 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 following transfer as recommended by the Town Auditor:
Sewer Dist. #18 Checking and Savings Account; from Key Bank of New York to Capital Fund Account at Norstar Bank
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
Supervisor Woodard reported the Town Board shall interview three applicants for the position of Town Planner on January 27, 1988 at 7:00 P.M. EST.
8 ) 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 appointment to the Fall/Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director:
Dave Robinson 57 Tanglewood Dr.- Swim Instr.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
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 Erie County Hawks, Inc., 6210 Webster Road, to use a loud speaker on a truck March 4 to March 6, 1988 to make Orchard Park residents aware of the Children's Hospital Telethon Satellite being held at the Orchard Park Legion Post #567, 3740 North Buffalo Street on Sunday March 6, 1988.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
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10 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town of Orchard Park has provided in the 1988 Budget for a town-wide dog enumeration, and
WHEREAS, it is necessary to have the town canvassed thoroughly and efficiently NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to enter into a Contract with Edna Wilking, D.C.O. of Marilla, to provide a thorough and efficient dog enumeration in the Town of Orchard Park, at a rate of $1.00/dog, during the months of September, October and November 1988 as recommended by the Town Attorney.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
11 ) 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 Town Justice John R. Bray and Edmund S. Brown, Jr. for Senior Court Clerk Kay L. Leitzan to attend the training session for Court Clerks at the New York State Association of Towns Meeting in New York City February 14 - 16, 1988, at town expense.
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley absent
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
Councilman Mill reported 1] he has received a request from the Conservation Board Chairman Frank Newton, to consider increasing the number of Board members from five to seven. The Town Board is reviewing this and shall make their decision shortly, and 2] reported the Town Board has directed the Recreation Director to send a letter to all soft ball teams informing them that the Town of Orchard Park shall no longer be involved with the scheduling of the ball diamonds this year except the two owned by the Town of Orchard Park at Yates Park and Taylor Road.
Councilman Mills reported 1] the Ad Hoc Zoning Committee shall have their weekly Wednesday night meeting at the Annex Building on East Quaker Street, and 2] the Committee is in the process of discussion the Town Sign Ordinance. and reviewing and receiving input in the matter of the proposed new Post Office, and 3] the Town Board shall have a work session on Friday, January 22, 1988 at 4:00 P.M. EST to review and discuss personnel problems.
Councilman Diggins stated he strongly opposes the Ad Hoc Committee reviewing the proposed Post Office plans as they have no authority to do this. This committee was reconvened for the purpose of reviewing the Master Plan as it is in place now. They have no authority to become involved in other town or resident matters.
Supervisor Woodard stated he felt the Sign Ordinance was very good and of there are problems with it the Courts and Building Inspector should take care of them.
Highway Superintendent Ron Geitter stated he wanted to make it clear that the present Town Sign Ordinance is a direct result of work done by the Ad Hoc Committee in 1985.
At this time, 8:25 P.M. EST, Councilman Curley entered the meeting.
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12 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the State of New York shall no longer be servicing and calibrating the Police Department broadcasting equipment, simulators, radar equipment and alco-sensors
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign a contract with the New York State Criminal Justice Services for the maintenance
and calibration of the Orchard Park Police Department broadcasting equipment, simulators, radar equipment and alco-sensors at a yearly cost of approximately Three Hundred twenty ($320.00) Dollars as recommended by the Police Chief.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, a final inspection was held of Chapel Hill Sanitary Sewer as constructed under P.I.P. #180 for Tremont Corporation, and
WHEREAS, the developer, Tremont Corporation, has agreed to complete the remaining work in the Spring of 1988 or soon as the weather permits, and
WHEREAS, the restoration and landscaping of the Zielinski property at 88 Fox Chapel Drive, where the new sewer is on an easement, is a major unfinished item
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to proceed with dedication of the Sanitary Sewer as constructed under P.I.P. #180, Chapel Hill Subdivision - Tremont Corporation, pending completion of the punch list items and submission of the two year maintenance Bond, and be it further
RESOLVED the $5,000.00 Performance Security not be released until all work is satisfactorily completed, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11+ ) 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 Warrant #1 following auditing by members of the Town Board and in the funds indicated:
WARRANT #1
GENERAL FUND $203,911.70
PART TOWN FUND 4,025.99
HIGHWAY FUND 26,379.32
SPECIAL DISTRICT FUND 189,337.78
TRUST & AGENCY FUND 61,341.98
DEBT SERVICE FUND 96,450.00
Reg. Mtg. #2 Mtg. #3 1/20/88 Page 6
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15 ) 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 receive and file the report as entered on the agenda:
Town Clerk's Annual Report for the year 1987.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:31 P.M. EST.
Respecfully submitted,
Betty Reukauf, Town Clerk