Reg. Mtg. #9 Mtg. #10 5/4 /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 14th day of May, 1988 at 8:00 PM EDT, 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
Joseph Campion Ass't. Building Inspector
R. C. Henning Police Chief
R. A. Geitter Supt. of Highways
M. R. Merritt Town Engineer
ABSENT: R. W. Sweet Building Inspector - illness
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 14/6/88 and 4/20/88, 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 UNANIMOUSLY ADOPTED.
Old Business #1 - Southtowns Seafood, Mid County Dr. - Change in Use and addition.
1 ) 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 request from Southtowns Seafood, Inc., 65 Mid County Drive for a Change in Use and a Building Permit for addition to present building for a wholesale warehouse and distribution of seafood products and does declare a Negative SEQRA Declaration as recommended by the Planning Board 4/27/88
E. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley aye
J. J. Mills abstained - conflict of interest
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - T.Cetkovic, Southwestern Blvd. - Home Occupation - Beauty Salon.
The Town Board received and filed the recommendation for approval of request by the Planning Board and a Negative SEQRA Declaration 14/27/88. Public Hearing scheduled for 5/18/88 at 8:05 PM EDT.
Old Business #4 - J.Bertsch, N.Buffalo Rd. - Remodel barn for offices.
2 ) 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 Bertsch, 3895 North Buffalo Road for a Building Permit to remodel existing barn for offices based on a revised site plan and to declare a Negative SEQRA Declaration as recommended by the Planning Board with the following stipulations 14/27/88:
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Reg. Mtg. #9 Mtg. #10 5/4 /88 Page 2
1. Two (2) handicap spaces at 13 ft. wide each.
2. The drive between the front and rear parking lots are to be 15 ft. wide.
3. There will have to be a relocation of the sewer and water lines, to save all existing healthy trees, on the south boundary.
4. The site plan should show adjacent buildings on the north and south sides.
5. Entrance and exit access from North Buffalo Street to be one way each and marked as such.
6. Parking lot spaces are to be striped.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Carleton Technologies, Centre Dr., Quaker Centre Industrial Park.
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 Carleton Technologies, Inc., Cobham Drive, Quaker Centre Industrial Park for a building permit for a 75,000 sq.ft. manufacturing facility as recommended by the Planning Board 4/27/88, and be it further
RESOLVED, the Town Board, as Lead Agency for SEQRA, does hereby Declare a Negative SEQRA declaration based on the long EAF.
. B. Woodard aye
J. J. Diggins aye
D. J. Mill aye
D. P. Curley abstained - conflict of interest
J. J. Mills aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business #5 - RE: Robert Dombrowski Rezoning - Rescind resolution re: Public Hearing. 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 rescind the portion of resolution #19 of the Town Board Meeting 4/20/88 scheduling a Public Hearing for 5/18/88 at 8:05 PM EDT as requested by Robert Dombrowski to rezone a 5± acre parcel of land bounded by Powers Road, Burton Road and the Southern Expressway (Rt 219) from R-2 and A-1 to I-1.
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.
Old Business #5 - RE: Robert Dombrowski Rezoning - Reschedule Public Hearing.
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 schedule a Public Hearing on 6/1/88 at 8:05 PM EDT as requested by Robert Dombrowski to rezone a 5± acre parcel of land bounded by Powers Road, Burton Road and the Southern Expressway (Rt 219) from
Reg. Mtg. #9 Mtg. #10 5/4 /88 Page 3
R-2 and A-1 to I-1, and be it further
RESOLVED that 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.
Old Business #6 - Award bid for Truck and Animobile - Dog Control Officer.
6 ) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to award the bid for one (1) new 1988 Pickup Truck Cab and Chassis to Towne Ford, Inc., 3535 Southwestern Blvd., Orchard Park at a cost not to exceed Ten Thousand Two Hundred forty-four Dollars and twenty-eight cents ($10,244.28) they being the "only" bidder and/or responsible bidder as recommended by the Town Attorney.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #6 - Award bid for Animobile and Truck - Dog Control Officer.
7 ) 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 award the bid for one (1) new Animobil Body to Shor-Line/Schroer Mfg., Co., 2221 Campbell, Kansas City Mo. at a cost not to exceed Six Thousand Four Hundred ninety ($6,490.00) Dollars.
Before the vote was taken a discussion was held by members of the Town Board. Councilman Diggins withdrew his second and Supervisor Woodard withdrew his motion.
Old Business #6 - Award bid for Truck aid Animobil - Dog Control Officer.
8 ) 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 award the bid for one (1) new Animobil Body to Towne Ford, Inc., 3535 Southwestern Blvd., Orchard Park at a cost not to exceed Six Thousand Nine Hundred eighty ($6,980.00) Dollars, they being the lowest responsible bidder and as recommended by the Town Attorney.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1, #2 & #4 - Referrals to the Planning Board and Conservation Board.
9 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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 following items as entered on the Agenda:
#1 - Taylor-Pohlman,lnc., 3925 California Rd. - Requests Building Permit for 17,675sq.ft. addition to building #2 (rear building).
#2 - Gaymar Industries, 10 Centre Dr. - Requests Building Permit for 46,000sq.ft. addition to existing facility.
Reg. Mtg. #9 Mtg. #10 5/4 /88 Page 4
#4 - Vincent Lucci, 6113 Lake Ave. - Requests rezoning of parcel of land from B-2 to R-3 for construction of Townhouse.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - Fill/Excavation Permit #1-1988 Old Farm Road - Schreiber & Winkelman
10 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve Fill/Excavation Permit #1-1988 to place fill on Sublots #66 & #67 on Old Farm Road as requested by Schreiber & Winkelman, 4240 Schreiber Drive, Eden, N.Y. and as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - R.F.Hutton, Tax Receiver - Tax Collection Officers Seminar.
11 ) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, 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 Raymond F. Hutton, Receiver of Taxes to attend a Tax Collection Officers Seminar at Albany June 12 - 14, 1988 at Town expense.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #6 - N.Y.S.E.G. - Street Light Proposal for Braunview Estates.
12 ) 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 following Street Lighting Proposal from New York State Electric & Gas Corp.:
Braunview Way -
Install 11-3300 lumen PT HPS luminaires @ $93.23 ea $1,025.53
Stds. 1 through 11, Braunview Way
Conductors and 15 ft. posts (12-ft. mounting height) to be supplied and installed by the developer; owned and maintained by the Town of Orchard Park
Luminaires, lamps and controls to be supplied, owned and maintained by the New York State Electric & Gas Corp
Total Annual Increase $1,025.53
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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New Business #7 - Conservation Seminar for Deputy Town Clerks.
13 ) 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 the Town Clerk for, permission for the two Deputy Town Clerks to attend the New York State Sporting License Issuance Seminar at East Aurora, New York on May 11, 1988 at Town expense.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #8 - O.P. Central Schools - Use of Voting Machines - Budget Vote.
14 ) 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 form the Orchard Park Central Schools for use of six (6) voting machines for the annual school budget vote on June 1, 1988 as recommended by the Town Clerk.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15 ) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the following transfer as recommended by the Town Auditor:
$700.00 from A1910.480 (Contingency) to A1670.200 for purchase of a paper shredder
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16 ) 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:
$50,000.00 from A1910.480 (Contingency) to A8160.445 Spring Clean up
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Woodard announced the Spring Trash PIck-up for the Town is scheduled for May 16, 1988. All trash must be at the curb on this day, as the Town Highway trucks shall make only a one time collection on each town street.
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17 ) 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 accept the resignation of James Milne, Jr. as Real Property Appraiser for the Town of Orchard Park and wish him well as he starts a position in the Town of Grand Island Assessor's Office.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18 ) 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 appointment of Beverly Hammersmith, 6243 Benning Road, Orchard Park as Real Property Appraiser from the current Civil Service List effective immediately and as recommended by the Town Assessor.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
19 ) 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 Richard J. Mrugalski, 6 Philson Drive to the Public Safety Committee for the balance of the year 1988.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
20 ) 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 the Orchard Park Presbyterian Church for the use of Yates Park on Wednesday 5/18/88 from 5:00 PM EDT to dusk for their annual Confirmaiton Class Picnic.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Mill reported the Town Board has received the monthly report from the Architects for the Town Hall Expansion and work schedule is right on time.
21 ) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY
RESOLVED that the Town Board be and is hereby authorized to approve the following Street Lighting Proposal from New York State Electric & Gas Corp. dated 4/22/88:
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Reg. Mtg. #9 Mtg. #10 5/4 /88 Page 7 Cherokee Drive, corner Southwestern Blvd.:
Install 1-8500 lumen hps lamp @ $106.24 ................................................................. $106.24 Pole 25, Line 841 (light will be over Cherokee Drive)
Total Annual Increase $106.24
Before a second to the motion had been offered, a discussion was held as to the location of proposed pole, and if there should be a removal of one pole.
Supervisor Woodard withdrew his motion and the proposal was tabled for review by the Supervisor with New York State Electric & Gas.
22 ) 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 direct the Supervisor to sign the Easement from Chester E. and Ruth Kabel, 3913 Baker Road, providing access for a six (6) month period 3/1/88 - 10/1/88 to property off Thorn Ave., owned by the Town of Orchard Park utilized as a little League ball diamond as recommended by the Town Attorney, and be it further
RESOLVED, this Easement is on file in the Town Clerk's Office.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
The Assistant. Building Inspector updated the Town Board in the matter of the dangerous building at 182 Lakeview Ave.
23 ) 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 bid opening on May 17, 1988 at 11:00 am edt in the Conference Room for the purchase of one (1) new Dump Body with Conveyor as recommended by the Highway Superintendent, and be it further
RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
24 ) 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 the Highway Superintendent to attend the Highway Superintendents Seminar at Cornell on June 6-8, 1988 at town expense.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
25 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
WHEREAS, the Village of Orchard Park shall abandon the Village water transmission system by the end of 1988, and
Reg. Mtg. #9 Mtg. #10 5/ 4 /88 Page 8
WHEREAS, a joint project to replace the existing Village water transmission system shall be undertaken by the Town of Aurora and the Town and Village of Orchard Park and the Erie County Water Authority, and
WHEREAS, the Town Board did approve the proposal from R & D Engineering and Land Surveying, 850 Ellicott Square Building, Buffalo, N.Y. to prepare a Map, Plan and Report to create the proposed new Water Districts at a cost not to exceed Four Thousand five hundred ($4,500.00) Dollars plus certain unforeseen reimbursable expenses, and
WHEREAS, it has been determined, on advice of Bond Counsel, that four additional reports shall be required by the Town of Orchard Park for the proceedings necessary for the financing of the proposed improvements
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve a modification to the original agreement with R & D Engineering and Land Surveying for an increase of Three Thousand Four Hundred fifty ($3,450.00) Dollars to provide the necessary additional reports in the proposed Joint Town/Village Water Project.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
26 ) 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 schedule a Special Town Board Meeting on Wednesday May 25, 1988 at 7:00 PM EDT to hold a Public Information Meeting in the proposed 67± acre expansion to Quaker Centre Industrial Park as re-commended by the Town Engineer, and be it further
RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
27 ) 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 schedule a Public Hearing on May 25, 1988, a scheduled Special Town Board Meeting, at 8:00 PM EDT to rezone 16± acres of a 227± acre plot of land located at California Road and Big Tree Road from R-3 to I-1 to facilitate the proposed expansion of Quaker Centre Industrial Park as recommended by the Town Engineer, and be it further
RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
28 ) 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 all entries on Warrant #8 and the End of Month Warrant for April 1988 following auditing by members of the Town Board and in the funds indicated:
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WARRANT #8 END OF MONTH
GENERAL FUND $73,707.16 $74,823.98
PART TOWN FUND 1,867.80 3,912.75
HIGHWAY FUND 6,098.83 19,542.45
SPECIAL DISTRICTS FUND 15,577.58 6,936.60
TRUST & AGENCY FUND 30,458.14 14,849.51
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
29 ) 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. Triton Valley Estates - Requests meeting with Town Board re: Mobile Home Ordinance.
2. Senator Wm. T. Stachowski - Notification of Press Conference on 5/7/88 at Armor Volunteer Fire Hall re: Announcement of SOUTHTOWNS HAZ MAT TEAM receiving $192,000.00 State Grant.
3. E. C. Legislature - Copy of adopted resolution 4/28/88 re: Approval of recertified Elma Agriculture District Plan.
4. Town of Grand Island - Adopted resolution opposing the increase of Real Estate Transfer Tax proposed by County of Erie.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
30 ) 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 receive and file the Report as entered on the Agenda:
1. Building Permits and Building Inspector's Monthly Report for April 1988.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:54 PM EDT.
Respectfully submitted
Betty K Reukauf Town Clerk