Reg. Mtg. #13 Mtg. #15 7/5/90 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 5th day of July, 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. W. Sweet Building Inspector
R. C. Henning Police Chief
ABSENT: R. A. Geitter Highway Superintendent
M. R. Merritt Town Engineer - vacation
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
PUBLIC HEARING
At 8:00 PM EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of Local Law #1-1990, which Local Law shall provide as follows:
AUTHORIZATION OF THE POLICE DEPARTMENT TO PROCESS FINGERPRINT APPLICATION
The Orchard Park Police Department is hereby authorized to take fingerprints and physical descriptive data of each applicant for the Orchard Park Fire District and the Orchard Park Police Department.
Such fingerprints and physical descriptive data of applicants for the Orchard Park Fire District and the Orchard Park Police Department shall be submitted, upon completion, to the Division of Criminal Justice in the Executive Department of the State of New York, Albany. The Division of Criminal Justice Services shall be requested to supply any information contained in their files relating to the prospective applicants.
Any costs incurred by the Town of Orchard Park for applicants to the Orchard Park Fire District shall be paid by the Orchard Park Fire District.
This local law shall take effect immediately.
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
John Capriotto - Chairman of the Board of Fire Commissioners
OPPONENTS
No one spoke.
Reg. Mtg. #13 Mtg. #15 7/5/90 Page 2
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Public hearing in the matter of Local Law #1-1990 be and is hereby closed at 8:09 PM EDT.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to adopt Local Law #1-1990, which Local Law provides as follows:
AUTHORIZATION OF THE POLICE DEPARTMENT
TO PROCESS FINGERPRINT APPLICATION
The Orchard Park Police Department is hereby authorized to take fingerprints and physical descriptive data of each applicant for the Orchard Park Fire District and the Orchard Park Police Department.
Such fingerprints and physical descriptive data of applicants for the Orchard Park Fire District and the Orchard Park Police Department shall be submitted, upon completion, to the Division of Criminal Justice in the Executive Department of the State of New York, Albany. The Division of Criminal Justice Services shall be requested to supply any information contained .in their files relating to the prospective applicants.
Any costs incurred by the Town of Orchard Park for applicants to the Orchard Park Fire District shall be paid by the Orchard Park Fire District.
This local law shall take effect immediately.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #1 - "Going Places Van" renewal agreement with Erie County.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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 the renewal agreement with the County of Erie for the "Going Places Van".
Reg. Mtg. #13 Mtg. #15 7/5/90 Page 3
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Joint Town/Village waterline project change order/releases/payments.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS on 6/7/89 the Town Board did award the bid for Contract #2, the construction for the Joint Town/Village waterline project along South Freeman Road, Jewett Holmwood Road and Timberlake Drive to Kandey Company Inc., 1921 Three Rod Road, Alden, NY, and
WHEREAS, all construction work on the above referenced project has been satisfactorily completed and the contractor has submitted the required two year maintenance bond and other required documents
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve the final change order to our contract with Kandey Company, Inc., 1921 Three Rod Road, Alden, NY for the Joint Town/Village Waterline Project-Contract 2 in the amount of a decrease of $15,949.42 bringing the final contract amount to $223,840.87, and be it further
RESOLVED that the Town Board be and is hereby authorized to Release the Retention and Final Payment to Kandey Company, Inc. for the Joint Town/Village Waterline Project-Contract 2, in the amount of $11,192.04 as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3(not on agenda)- J. Zimmer, Berg Rd.: Rezone R3 to R3 Special Exception Use.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, James Zimmer has applied for a Special Exception Use to construct seventy-two condominium units on Iroquois Drive and Berg Road in the Town of Orchard Park, New York; and
WHEREAS, a public hearing has been conducted on June 6, 1990;
NOW, THEREFORE, BE IT RESOLVED, that the above referenced application for a Special Exception Use shall have a significant impact upon the environment; and be it further
RESOLVED, pursuant to New York Code Rules & Regulations §617 and upon review of the environmental assessment form and applying the criteria contained in §617.11, this Town Board has determined that an environmental impact statement must be
Reg. Mtg. #13 Mtg. #15 7/5/90 Page 4
prepared and that such environmental impact statement shall consider the following issues:
a) the impact of traffic upon the neighborhood emanating from the three bordering municipalities;
b) the impact upon drainage in the area;
c) the impact the power lines, which run above the area which is the subject of this application for a Special Exception Use, will have upon the proposed condominium units.
Before the vote was taken, Councilman Buyer stated he was at the meeting on 6/6/90 when the Public Hearing was held, wants a thorough consideration and review of the items as requested in the resolution with a great emphasis on the traffic flow including the opening up of Iroquois Drive. It is their responsibility to convince him that this is a good "project" for this area.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - Relocation of Election District #10.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from the Town Clerk to relocate the Election District #10 polling place from Windom Fire Hall, 3736 Abbott Road to Windom Community Church, 3766 Abbott Road.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - Lehigh Constr. Group, California Rd. - addition.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from Lehigh Construction Group, 3596 California Road for a building permit for a 2,400 sq.ft. addition.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #13 Mtg. #15 7/5/90 Page 5
New Business #3 - Summer Recreation Staff Appointments.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the following appointments to the Summer Recreation Staff as recommended by the Recreation Director:
Martin Litwin 71 Hawthorne Aide $4.00/HR 3/HRS
Sean Cook 17 Burbank Dr. Bldg. Dir. $5.00/HR 3/HRS
Stephen Sayoc 11 Tanglewood Dr. Aide $4.00/HR 3/HRS
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - C.S. Jarocha, Abbott Rd. - Change in Use for coin-op laundry.
9) 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 Charles S. Jarocha, 3005 Abbott Road for a Change in Use and C/O for the operation of a coin laundry.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - Disabled American Veterans Forget-me-not sales.
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 approve the request from the Disabled American Veterans, Hamburg Chapter #133 for permission to sell "Forget-me-nots" in the Town of Orchard Park, July 5,6, & 7, 1990.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #6 (not on agenda) - Set Public Hearing to amend Code Section 131-13.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing in the matter of the adoption of an amendment to Section 131-13 of the Code of Ordinances of the Town of Orchard Park on August 1, 1990 at 8:00 PM EDT, which amendment provides as follows:
Add §131-13
Pursuant to the written request of the Chief of Police, parking or standing in appropriate marked fire lanes at Leisure Rinks/Bally Matrix Fitness Center on Weiss Avenue, Tops Plaza on Orchard Park Road, Bells Plaza on North Buffalo Road and the K-Mart Store on Southwestern Blvd. is hereby prohibited.
Reg. Mtg. #13 Mtg. #15 7/5/90 Page 6
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 #7 (not on agenda) - ADF Constr. Corp.[Enidine]Centre addition.
12) 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 refer to the Planning Board and Conservation Board the request from ADF Construction Corp. [for Enidine Corp., 7 Centre Drive] for site plan review and a building permit for a 40,380 sq.ft. addition for office and manufacturing facility.
Aye Nay
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.
13)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 request from Niagara Frontier Sheetmetal, Inc., 3310 Benzing Road for a building permit for a 5,400 sq.ft. addition for needed space for warehouse and light fabrication.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the application for Parking Permit #80 from Mark Leitzan, 3808 Abbott Road.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #8 (not on agenda) - Wage adjustment - Summer Recreation Staff.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the following pay scale for the Summer Recreation Staff, effective 6/25/90, as recommended by the Recreation Director:
Reg. Mtg. #13 Mtg. #15 7/5/90 Page 7
POSITION OLD WAGE NEW WAGE
Aides/Lifeguards who
instructor certification $3.85 $4.00
Lifeguard swim inst.
Lifeguard boating inst. $4.15 $4.30
Day Camp, Playground
Program Directors $4.75 $5.00
Hd. Lifeguards $5.05 $5.25
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) 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 all entries on Warrant #13 following auditing by members of the Town Board and in the funds indicated:
WARRANT #13 GENERAL FUND $58,044.72
PART TOWN FUND 1,511.44
HIGHWAY FUND 17,571.48
SPECIAL DISTRICTS FUND 1,141.34
TRUST & AGENCY FUND 177,460.66
CAPITAL FUND 13,192.04
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) 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 receive and file the communications as entered on the agenda:
1. E.C.D.O.T. - Copy of letter to Hamburg Town Board re: requesting posting of speed restriction sign on Abbott Road (west side) between Lake Avenue and Milestrip Road.
2. N.Y.S.D.O.T. - Notification of "CHIPS" Program award for year of 1990.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18) 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 Building Permits and Building Inspector's Monthly Report for June 1990.
Reg. Mtg. #13 Mtg. #15 7/5/90 Page 8
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
John Capriotto - Chairman of Safety Board, stated he has been in touch with the Town of Hamburg Supervisor in the matter of communication #1 - posting of speed restriction signs on Abbott Road - and he shall be calling Supervisor Mill.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:34 PM EDT.
Respectfully submitted,
Betty K Reukauf, Town Clerk