Reg. Mtg. #16 Mtg. #18 8/15/90 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 15th day of August, 1990, at 8:00 P.M. EDT and there were
PRESENT AT ROLL CALL: D. J. Mill Supervisor
D. P. Curley Councilman
J. J. Mills Councilman
P. D. Barnas Councilman
D. M. Buyer Councilman
Betty K. Reukauf Town Clerk
L. Berkowitz Town Attorney
R. C. Henning Police Chief
M. R. Merritt Town Engineer
ABSENT: R. W. Sweet Building Inspector
R. A. Geitter Supt. of Highways
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 BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 8/1/90, 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 - R.M.Headlee Co., Inc.,_ California Rd. - addition to present facility.
1 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request, with stipulations, from R. M. Headlee Co., Inc., 3596 California Road for a building permit and to declare a Negative SEQRA Declaration as recommended by the Planning Board 8/15/90, and be it further
RESOLVED, in accordance with Section 144-44 C (1) (a) of the Town Zoning Ordinance, a certified check in an amount of 15% of the estimated cost of completion of all landscaping ($450.00) shall be deposited with the Town Clerk upon approval by the Town Board.
Before the vote was taken, it was noted that the Town Engineer has approved plans for this project.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Contour Erection & Siding Co., Taylor Rd. - storage building.
2 ) 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 the request, with stipulations, from Contour Erection & Siding Systems (Chris Eberle), 4370 Taylor Rd. for a building permit for a 40' x 60' storage building as part of the existing dual
Reg. Mtg. #16 Mtg. #18 8/15/90 Page 2
use on property, and to declare a Negative SEQRA Declaration as recommended by the Planning Board 8/15/90, and be it further
RESOLVED, in accordance with Section 144-44 C (1) (a) of the Town Zoning Ordinance, a certified check in an amount of 15% of the estimated cost of completion of all landscaping ($750.00) shall be deposited with the Town Clerk upon approval by the Town Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Hutchens Automotive Supply, Southwestern (Commons) - Retail.
3 ) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR 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 9/5/90 at 8:00 PM EDT to rezone a portion of property located at the northeast end of the Commons Plaza from R-3 and B-1 to B-2 to conduct a retail business as petitioned by Hutchens Automotive Supply Company, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - Final Dedication of Orchard Meadows Part VIII, Another Doll House.
4 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to proceed with final dedication of Orchard Meadows, Part VIII, Phase 6 as constructed under P.I.P. #203 as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - P.I.P._ #209 application for Fairways Subdivision, Phase 2.
5 ) 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 the application for P.I.P. #209 for construction of Fairway Subdivision, Phase II as requested by Garrett C. Bock and as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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New Business #3 - P.I.P. #208 application for Woodridge Park Town Homes, Part 2, Phase 2.
6 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the application for P.I.P. #208 for construction of Woodridge Park Town Homes Part 2, Phase 2 as requested by Brian Maslowsky and as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - DeVincentes, Custard Lite, S.Buffalo St. - Out of District S.S.#18.
7 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
WHEREAS, Village records show that the building located at 4933 South Buffalo Street in the Village of Orchard Park, sewer lateral is connected to the Village-owned main on the west side of Route 277 but apparently it is improperly connected to a storm drainage pipe beneath the state highway, and
WHEREAS, the Town first became aware of a situation after investigating complaints referred to us by the N.Y.S. D.E.C. on 7/30/90 for raw sewage in the South Branch of Smokes Creek just south of Jewett Holmwood Road, and
WHEREAS, Personnel from the Town, Village and D.E.C. did dye testing of the sewer facilities in several of the buildings in the vicinity and were able to positively identify the source of the illegal discharge as the Custard Lite shop, and
WHEREAS, the most practicable solution to correcting the situation is to have the building sewer connected to the Town's sewer main adjoining the property. and
WHEREAS, Dr. DeVincentes is cooperating fully in this matter and has made arrangements with a local contractor to do the necessary construction work immediately
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve the request from Dr. Anthony DeVincentes, 4933 South Buffalo Street, Village of Orchard Perk to become an Out-of-District Sanitary Sewer Service Customer in Orchard Park Sanitary Sewer District #18 as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - I.B.M. Computer Maintenance Contract,
8 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
,RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to ,sign a five (5) year computer maintenance contract with I.B.M. and pay the 5 year ,premium in one payment to avail the Town of a 14% discount resulting in .3 cost not to exceed Ten Thousand nine hundred five dollars and forty cents ($10,905.40) as recommended by the Town Attorney.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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New Business #6 - Declare 2 vehicles surplus/for sale.
9 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to declare two (2) vehicles from the Engineering Department as surplus in preparation for sale and/or auction as recommended by the Town Supervisor.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #7 & #8 - referrals to the Planning Board.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the following items:
#7 - Labin & Buffomante, 188 Thorn Avenue, requesting rezoning from B-2 to B-2 Special Exception Use for Veterinarian.
#8 - Weller Land & Realty, Southwestern Blvd. & Michael Road, requesting concept review of proposed one story pre-engineered building.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11 ) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the appointment of David Schuster, 5375 Freeman Road as part-time summer help in the maintenance Department for the remainder of the summer season.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to schedule a bid opening on September 10, 1990 at 2:00 PM EDT in the Conference Room to receive bids for refuse and garbage collection and disposal services for the Town of Orchard Park, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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New Business #9 - 1989 Green Lake Archaeological Study, R. Ladd, U.B. Anthropology Dept.
At this time, Ray Ladd from the Anthropology Department at the University of Buffalo presented a slide presentation on the "dig" performed at Green Lake last summer. The Anthropology Department had received approval from the Town of Orchard Park to conduct the study which proved very helpful to complete information on the history of the area.
Mr. Ladd stressed the fact that many artifacts have previously been removed from the Green Lake site and are now in private collections or in museums. He feels most of the good artifacts have been removed but his slides showed beads, pottery, tools, nails etc. which this "dig" found. They believe a community of Erie Indians occupied the area from 1580 - 1600, Mr. Ladd has a lead on a couple of collections in the area and shall be working with John Printy, Town Historian, to research the information. He feels many col!ectors would consider donating their valuable collections to the Town if they knew they were well protected and used for research.
A copy of a review of the findings and history of the Green Lake site as prepared by Mr. Ladd is attached to these minutes.
Councilman Curley reported the rebid for the garbage contract shall not hinder the scheduled recycling project to start in Orchard Park, hopefully January 1991.
Councilman Buyer stated 1] the Recycling Committee is still looking for a January 1991 date for townwide household recycling, and 2] he has discussed the possibility of an injunction against the County of Erie in regard to the public safety and health matters during the rock concerts held at Rich Stadium. Also he is looking forward to the meeting requested with many involved county personnel.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #16 following auditing by members of the Town Board and in the funds indicated:
WARRANT #16
GENERAL FUND $ 48,520.83
PART TOWN FUND 44.61
HIGHWAY FUND 39,603.25
SPECIAL DISTRICTS FUND 98,025.65
TRUST & AGENCY FUND 145,598.43
CAPITAL FUND 8,011.11
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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 communication as entered on the agenda:
1. Erie County Water Authority - Copy of Amendments to rules for the sale of water and the collection of rents & charges.
Before the vote was taken, Supervisor Mill stated the amendments as provided in this communication reflect a small water rate increase over the next three (3) years.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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BUSINESS FROM THE FLOOR
1. Joseph Ippolito, Southwestern Blvd. - Referring to New Business #1, he requested info as to how many feet of pavement must be done at once in a subdivision. A discussion was held by the Town Engineer and Mr. Ippolito and Mr. Ippolito stated as a contractor he had put all the streets in at one time and therefore he cannot afford the 100% evaluation of lots that shall not be constructed upon for some time.
2. Mr. & Mrs. Salvatore Festa, 3841 Sheldon Rd. appeared before the Town Board to complain once again about Windom Hardware's junk yard, the health hazard caused by the debris. This has been going on for 3'- years and want the laws enforced for Windom Hardware as well as the other residents, A discussion was held with the Town Board and they stated they are on top of the situation.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:30 PM EDT.
Respectfully submitted,
Betty K Reukauf, Town Clerk