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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 January, 1990 at 8:00 PM EST 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. 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.

 

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 12/6/89 and 12/20/89, 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 - Orchard Park Collision, S. Taylor Rd. - addition to present facility.

 

1) 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 request from Orchard Park Collision, 4154 S. Taylor Road, for a building permit for a 34' x 87' addition to rear of present facility as recommended by the Planning Board with stipulations 1/10/90 and Declare a Negative SEQRA Declaration, 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 ($100.00) shall be deposited with the Town Clerk upon approval by the Town Board.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #1 - Recreation Staff appointment.

 

2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, 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:

 

Robert Loveless            6450 Armor Road             Lifeguard        $5.00/HR

 

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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

 PUBLIC HEARING

 

At 8:05 PM EST, the advertised time, the Supervisor called for the Public Hearing

to hear all interested parties and citizens for or against the adoption of an amend­ment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

 

to rezone property from R-2 to R-3 land located on the east side of Breem Street for construction of a two (2) family home, as petitioned by Ronald Setlock

 

Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. The affidavit is entered into and attached to these minutes.

 

PROPONENTS

 

Ronald Setlock, 227 Arthur Musarra, Cheektowaga, N.Y.

Nancy Senfner, 29 Greymont Ave., West Seneca, N.Y.

 

OPPONENTS

 

No one spoke.

 

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

 

RESOLVED that the Public Hearing in the matter of the rezoning petition of Ronald Setlock be and is hereby closed at 8:08 PM EST.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

WHEREAS, following due and timely notice, a public hearing relating to the matter of an amendment

to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

 

to rezone property from R-2 to R-3 land located on the east side of Breem Street for construction of a two (2) family home was conducted at the Municipal Building, 54295 South Buffalo Street, Orchard Park, New York on the 17th day of January 1990 at which all interested parties were given an opportunity to be heard, and

 

WHEREAS, "no recommendation" from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and

 

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and

 

WHEREAS, the Town Board did Declare a Negative SEQRA Declaration

 

NOW, THEREFORE, be it

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RESOLVED AND ORDAINED, the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from R-2 to R-3 all tract or parcel of land bounded and described as follows:

 

All that Tract of Parcel of Land situated in the Town of Orchard Park, formerly

East Hamburg, County of Erie and State of New York, being part of Lot Number twenty-two (22), of the tract commonly known as the "Mile Strip", being in Township ten (10), Range seven (7) of the Buffalo Creek Reservation, bounded and described as follows:

BEGINNING at a point distant thirty (30) feet east from the west line, and two hundred thirty-six (236) feet north from the south line of said Lot Number twenty-two (22); thence north parallel with the west line of said lot, one hundred thirty-seven (137) feet; thence east, parallel with the south line of said lot, three hundred eighteen (318) feel; thence south parallel with the west line of said lot,' one hundred one hundred thirty-seven (137) feet; thence west, parallel with the south line of said lot, three hundred eighteen (318) feet to the place of beginning, containing one (1) acre, be the same more or less.

 

This Ordinance shall take effect ten (10) days after publication and posting in accordance with law, and be it further

                                                                    1

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 264 and 265 of the Town Law.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #2 - J.W. Zimmer, Wmsville.- Rezone Berg Rd. property for condominiums.

 

5) 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 refer to the Planning Board and Conservation Board the request from James W. Zimmer, 88 Coventry Road, Williamsville, to rezone from R-3 to R-3 Special Exception Use for condominiums on property located on Berg Road adjacent to Rt. 219.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #3 (not on agenda) - Schedule Special Town Board Meeting.

 

6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to schedule a Special Town Board Meeting on 1/31/90 at 7:00 PM EST to authorize publication of bid for refuse, waste recycling contract, 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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7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the following amendment to the Town Board Organization Meeting Minutes held on 1/1/90:

 

John B. Wilson be promoted to Engineer Laborer III, Job Level 7, Pay Step 5 as recommended by the Town Engineer, and be it further

 

RESOLVED that the Town Clerk be and is hereby directed to attach this amendment to the Organization Meeting Minutes of 1/1/90.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

8) 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 request from Councilman Curley to attend the Solid Waste Management Conference in New York City 2/1/90 - 2/2/90 at town expense as provided in the Recycling Budget.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

9) 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 Councilman Mills to form a five (5) member Ad Hoc Committee to research and review the Town Zoning Sign Ordinance.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Mill reported 1] the Town sold $3,541,925.00 in Serial Bonds to a consortium, which includes Adams McIntee, Fleet - Norstar Bank and Marine Midland Bank, at 6.54% net interest. These funds shall be used for improvements and additions to the Municipal Hall expansion and a number of smaller paving, water and sewer projects, 2] requested Police Chief Henning to contact someone at the Erie County Highway to immediately erect a Stop sign at Lakeridge at the intersection of south Freeman Road as recommended by the Safety Committee last July, and 3] he has met with representatives of Jones Inter-cable and expects Jones sale to Adelphia Cable Communications to take place February 7th and a February 21st closing date. Adelphia operates on a much lower home per mile formula than Jones and this will enable many residents who were unable to have cable, to have cable installation.

 

Councilman Barnas reported 1] the Recycling Committee has filed their report, 2] the Board went over the garbage contract, have scheduled 1/19/90 to go over the recom­mendations for the contract, 1/29/90 the Village and Town shall review the contracts, and 3] reported Southtowns Solid Waste Steering Committee shall meet on 1/25/90 at East Aurora Village Hall at 2:00 PM and at Eden Town Hall at 7:00 PM to discuss the Disposal contracts with Occidental and also Disposal Contracts with Integrate Waste Systems and all are welcome.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the five (5) year agreement with Erie County Water Authority for the extension of Lease Management for Water Districts 9-1, 9-2, 9-3 and 9-4 as recommended by the Town Attorney.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

WHEREAS, on 1/1/90 Jean Peterson was appointed Town Prosecutor for the Town of Orchard Park, and

 

WHEREAS, it has come to the attention of the Town Board that Mrs. Peterson shall be hospitalized in the very near future, and

 

WHEREAS, it is necessary to have a Town Prosecutor available to conduct certain court business

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Leonard Berkowitz, Esq. as Town Prosecutor for the year 1990 at no salary compensation to serve in the absence of appointed Town Prosecutor, and as recommended by the Town Attorney.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Building Inspector to authorize the two Deputy Building Inspectors and himself to attend Niagara Frontier Builders Association Seminar at Cheektowaga, N.Y. at town ex­pense on February 5, 6, 7, 1990.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

13)            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 Final Change Order to Milherst Construction, Inc. 2601 Millersport Highway, Getzville, N.Y. for Quaker Centre Industrial Park, Phase 3 Project in the decrease of $7,531.25 as recom­mended by the Town Engineer bringing the final contract amount to $186,204.25.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

 

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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 approve the release of retention and final payment for the Quaker Centre Industrial Park, Phase 3 Project to Milherst Construction, Inc., 2601 Millersport Highway, Getzville, N.Y. in an amount not to exceed $9,310.21 as recommended by the Town Engineer.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to approve the Final Change Order to John R. Schuler, Inc., 9734 Main Street, Clarence, N.Y. for the Quaker Centre Industrial Park, Phase 4 Project in the decrease amount of $8,339.22 as recommended by the Town Engineer bringing the final contract amount to $325,452.84.

 

D. J. Mill   aye

D. P. Curley - abstained - conflict of interest

J. J. Mills  aye

P. D. Barnas aye

D. M. Buyer  aye

 

THE RESOLUTION WAS DULY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to approve the release of retention and final payment to John R. Schuler, Inc., 9734 Main Street, Clarence, N.Y. for the Quaker Centre Industrial Park, Phase 4 Project in the amount of $16,272.64 as recommended by the Town Engineer.

 

D. J. Mill   aye

D. P. Curley - abstained - conflict of interest

J. J. Mills  aye

P. D. Barnas aye

D. M. Buyer  aye

 

THE RESOLUTION WAS DULY ADOPTED.

 

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

 

WHEREAS, our contractor removed some flashing by mistake which was scheduled to remain in place during the removal of the old Post Office roof, and

 

WHEREAS, this has caused additional work for Kirst Construction (Contract A - General) for which they must be compensated

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to approve Change Order #1

to the Orchard Park Municipal Center Project - Contract E with Ultra Safe Abatement, Inc., 111 Porter Ave., Buffalo, N.Y. in the amount of a decrease of $2,149.00 as recommended by the Town Engineer, bringing the total Contract E amount to $45,604.00.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

 

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

 

WHEREAS, additional work was involved for replacing flashing on the old Post Office roof which was mistakenly removed by another contractor, and

 

WHEREAS, the cost of the flashing work is actually being paid through a deduct change order to the contractor at fault (Ultra Safe - Contract E), thus there is no charge to the town, and

 

WHEREAS, there is a credit of $400.00 for not having to relocate the roof drains at the Old Post Office as originally designed

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to approve the Change Order #2 to the Orchard Park Municipal Center Project - Contract A with Kirst Construction, Inc., 7170 Boston State Road, North Boston, New York, in the amount of increase of $1,794.00 as recommended by the Town Engineer bringing the total Contract A amount to $2,429,720.00.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

19)            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 schedule a bid opening on 2/2/90 at 2:00 PM EST, as recommended by the Town Engineer, for the purchase of furniture as provided in the plans and specifications as completed by Duchscherer Oberst Design, P.C. for the Orchard Park Municipal Center, and be it further

 

RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof in the Suburban Press and the Buffalo News.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

20)            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 #2 following auditing by members of the Town Board and in the funds indicated:

 

                                       WARRANT #2

GENERAL FUND                                      $126,308.09

PART TOWN FUND                           3,654.09

HIGHWAY FUND                           351,279.49

SPECIAL DISTRICTS FUND                 209,894.86

TRUST & AGENCY FUND                     39,781.00

CAPITAL FUND (Norstar)                 151,373.02

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to receive and file the communications as entered on the agenda:

 

1. Orchard Park Fire District Certification of Election for Fire Commissioners for a five (5) year term, held on 12/12/89.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

22)          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 receive and file the Reports as entered on the agenda:

 

1.           Annual Reports from the following: Receiver of Taxes and Assessments, Town Clerk Planning Board, Zoning Board, Police Department.

 

2.          Report form the Recycling Committee.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

BUSINESS FORM THE FLOOR

 

1. John Rybicki, 7 Boldt Court - Appeared before the Town Board requesting, again, help in feeding the starving ducks on Green Lake.

 

A discussion was held by Mr. Rybicki and members of the Town Board. Supervisor Mill stated it is not in the best interest of the town to feed the ducks and this recom­mendation was from the State Department of Environment Control. Highway Superintendent Ron Geitter does not believe any of the ducks are starving, but if he saw any evidence of this he certainly would take care of them.

 

2. John (Jonsie) Capriotto stated with the Thousands of dollars spent renovating and revitalizing Green Lake over the past five years, he feels the residents best interest should be adhered to, not ducks.

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:49 PM EST.

 

                                Respectfully submitted,

 

 

Betty K. Reukauf Town Clerk