Reg. Mtg. #6 Mtg. #8 3/21/90 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 21st day of March, 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
D. M. Buyer Councilman
June E. Cooper Deputy 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
ABSENT: P. D. Barnas Councilman - attending Recycling Seminar
Betty K. Reukauf Town Clerk - ill
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
PUBLIC HEARING
At 8:00 PM EST, the advertised time, the Supervisor called for the Public Hearing to hear interested parties and citizens input regarding the Draft Environmental Impact Statement concerning Southwest Commerce Centre, Southwestern Blvd.
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
Peter Sayadoff, Project Finance Manager ) Uniland Development Co.
David J. Reilly, Construction Manager )
OPPONENTS
No one spoke.
Before the public hearing was closed, the Town Engineer and Supervisor Mill discussed the possible addition of the wetlands and driveway entrance being added to a supplemental D.E.I.S.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Public hearing in the matter of Southwest Commerce Centre Draft E.I.S. be and is hereby closed at 8:10 PM EST.
THE RESOLUTION WAS DULY ADOPTED.
2) 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 direct the Petitioner, Uniland Development, to prepare a supplemental D.E.I.S. addressing the concerns of the New York State D.O.T. regarding the location of the driveway entrance etc for this project.
THE RESOLUTION WAS DULY ADOPTED.
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 2
Old Business # 1 - Stovroff & Herman, N.Buffalo Rd. - Clock Sign.
3) 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 from Stovroff & Herman, 4098 North Buffalo Rd. for a building permit for a free standing clock sign that is in compliance with the Town Ordinance, subject to obtaining a variance if necessary as recommended by the Planning Board 3/14/90.
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - K-Mart, Southwestern Blvd. - Temporary greenhouse.
4) 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 from
K-Mart Store, 3195 Southwestern Blvd. for a permit for a temporary 20' x 50' seasonal display greenhouse as recommended by the Planning Board 3/14/90.
THE RESOLUTION WAS DULY ADOPTED.
Old Business #3 - Orchard Parks & Gardens, Southwestern Blvd. - Temporary greenhouse.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 Orchard Parks & Gardens, 2924 Southwestern Blvd. for a permit for a temporary 21' x64' seasonal display greenhouse as recommended by the Planning Board 3/14/90.
THE RESOLUTION WAS DULY ADOPTED.
Old Business #4 - J.W.Zimmer, Berg Rd. - Rezone for condominiums.
6) 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 from James W. Zimmer Assoc., 12.7 acres vacant land, south side of Berg Road, west of Rt. 219 for favorable consideration for rezoning from R-3 to R-3 Special Exception Use for construction of a 72 unit condominium project pending the completion of SEQRA review process as recommended by the Planning Board 3/14/90, and be it further
RESOLVED, that the Town Board apply to such other involved agencies for permission to act as Lead Agency in this matter, and be it further
RESOLVED, the Planning Board Clerk be and is hereby directed to prepare documents necessary for the Town to obtain permission to act as Lead Agency.
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 3
THE RESOLUTION WAS DULY ADOPTED.
Old Business #5 - Uniland Development, Southwestern Blvd. - Office Building.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, 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 Uniland Development Co., 3345 Southwestern Blvd. for a building permit for a 13,500 sq.ft. office building and Declare a Negative SEQRA Declaration as recommended by the Planning Board 3/14/90, 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 ($4,500.00) shall be deposited with the Town Clerk upon approval by the Town Board.
Before the vote was taken, Supervisor Mill stated this is a separate item and not related to the public hearing held this evening.
THE RESOLUTION WAS DULY ADOPTED.
Old Business #6 – Simoncelli Electric, California Rd. - addition.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR MILL, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Simoncelli Electric, 3730 California Road for a building permit for a 7,000 sq.ft. addition to present facility with stipulations as recommended by the Planning Board 3/14/90 and Declare a Negative SEQRA Declaration as recommended by the Planning Board 3/14/90, and be it further
RESOLVED, in accordance with Section 11414-1414 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.
Aye Nay
D. J. Mill x
D. P. Curley x
J. J. Mills abstained - conflict of interest
P. D. Barnas absent
D. M. Buyer x
THE RESOLUTION WAS DULY ADOPTED.
New Business #1 - Ellicott Elementary School Playground - Presentation.
Maria Lehman, General Coordinator for the Ellicott Wooden Wonderland Project, appeared before the Town Board to provide information on the proposed project and to solicit monetary support from the town in an amount of $5,000.00. In addition, she requested assistance in the following areas:
- trucking of one load of sand and 230 tons of pea gravel from Stone Concrete to Ellicott School
- permission to locate a banner across Rt. 277 at the four corners to publicize construction week
- permission to locate construction work zone signs on Rt. 240 in accordance with MUTCD during construction week
Building weekend has been set for May 16-20, 1990. Police Chief Henning stated his department had been reviewing potential traffic and safety problems that may arise during said weekend. He plans on restricting parking in the area and will put up
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 4
warning signs about the work in process. He also stated the New York State D.O.T. conducted a safely survey on Ellicott Road and did not recommend reducing the 45 mph speed limit but suggested more/larger school signs be erected.
Supervisor Mill stated that the flag pole at Yates Park may be replaced this Spring and Superintendent of Highways Ronald Geitter would be willing to donate this flag pole to this project and also offered his assistance in placing the pole where they desire to have it erected. As for the banner placement at the Four Corners, it was noted that this is a Village of Orchard Park location and of course this would come under their jurisdiction.
The Town Board did not take action on the monetary support requested but stated they shall discuss the request at the next Board work session.
New Business #2 - Independence Heights. -Use of Yates Park for Annual Easter Egg Hunt.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 Independence Heights Subdivision residents for use of Yates Park on April 14,1990 12:30pm to 3:30pm with a rain date of April 15, 1990 to conduct their annual Easter Egg Hunt.
THE RESOLUTION WAS DULY ADOPTED.
New Business #3 - Cub Pack 592 - Use of Yates Park for Annual East Egg Hunt.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board he and is hereby authorized to approve the request from Cub Pack 592 for the use of Yates Park to conduct their annual Easter Egg Hunt on March 31, 1990 9:00am to 2:00pm.
THE RESOLUTION WAS DULY ADOPTED.
New Business #4 - O.P. Central School District - Use of voting machines.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 Orchard Park Central School District for use of six (6) voting machines to conduct a Special District Vote on May 2, 1990.
THE RESOLUTION WAS DULY ADOPTED.
New Business # 5 - Summer Recreation Staff appointments.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 5
RESOLVED that the Town Board be and is hereby authorized to approve the following appointments to the 1990 Summer Recreation Staff as recommended by the Recreation Director:
Jenny Eichberg 2 Queens Place D/C Dir. $4.75/HR 30/HR
Lisel Weeks 37514 Baker Road Swim $4.15/HR 30/HR
Mike Horgan 6 Timberlake Drive Swim $4.15/HR 30/HR
Karen Olhoeft 68 South Lane Swim $4.15/HR 30/HR
Colleen Bonner 10 Fir Top Drive Swim $4.15/HR 30/HR
Steve Brown 12 Fir Top Drive Swim $4.15/HR 30/HR
Marlo Bottoms 7557 E. Quaker St. Hd/Grd. $5.05/HR 35/HR
THE RESOLUTION WAS DULY ADOPTED.
New Business #6 - Disabled American Veterans annual Forget-me-not Drive.
13) 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 approve the request from the Disabled American Veterans, South Buffalo Chapter #113 to conduct their annual Forget-me-not Drive May 1, 1990 - May 5, 1990 in the Town of Orchard Park.
THE RESOLUTION WAS DULY ADOPTED.
New Business #7 - S.Schrader, Berg Rd. - Rezone for Home Occupation.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 Susan Schrader, 5785 Berg Road to re-zone property from R-3 to R-3 Special Exception Use to conduct a Home Occupation of pastries, baked goods, frozen foods etc.
THE RESOLUTION WAS DULY ADOPTED.
15) 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 schedule a bid opening on 14/11/90 at 2:00 PM EDT for the purchase of one (1) new 1990 automobile for the Supervisor with trade of a 1987 Ford Taurus station wagon and also without trade, and be it further
RESOLVED, the Town Engineer shall have priority for the assignment of the Taurus station wagon to their office, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS DULY ADOPTED.
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 6
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR 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 the Town Assessor for Beverly Hammersmith, Real Properly Appraiser, to attend an "Introduction to mass appraisal" seminar, which is part of the requirements for certification, to be held in August, 1990 at a location to be announced later.
THE RESOLUTION WAS DULY ADOPTED.
17) 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 schedule a bid opening on 14/11/90 at 3:00 PM EDT for the purchase of trees for the 1990 Tree Planting Program, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS DULY ADOPTED.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the New York State Legislature has adopted Section 1399 of the Public Health Law entitled Regulation of Smoking in Certain Public Areas, and
WHEREAS, the Town of Orchard Park is compelled by such statute to adopt and implement a written smoking policy which shall apply to any indoor area or portion thereof under the control of the Town Board of the Town of Orchard Park in which employees perform services but which is not generally accessible to the public,
NOW, THEREFORE, the Town Board of the Town of Orchard Park adopts the following written smoking policy:
Smoking shall be prohibited in all buildings owned and maintained by the Town of Orchard Park, effective 4/1/90.
AND BE IT FURTHER RESOLVED, that this smoking policy shall be prominently posted in all Town work areas.
THE RESOLUTION WAS DULY ADOPTED.
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 7
Supervisor Mill reported 1] the Police Department is in the process of transferring to their new facilities (the Old Post Office Building) which offers the necessary security for the officers. The Town shall conduct an Open House in the near future and would appreciate the media's help in informing the public about the new location of the Police Department.
Police Chief Henning stated he is proud and delighted with the new area and knows the public shall be pleased with the end results.
Councilman Curley reported 1] the use of S.S.#3 land on Thorn Avenue for unmonitored dumping is a benign operation and he has spoken with the Supervisor of the facility and about 60% of the Erie County manholes are not locked, and 2] spoke with the Haz Mat Team re: use of the Torrax facility and told them the Town of Orchard Park is definitely opposed to use of that building for a transfer station and/or recycling center and other proposed use for solid waste activity.
Supervisor Mill requested the two members of the Town who represent us on Southtowns Sewer Agency and S.S.#3 to notify them that we are very concerned, to become aware that if we want to use the sewer TV cameras for a short time and/or a long time, there is a set fee. We as residents have already paid for this piece of equipment and we certainly have not abused the use of this service. Councilman Curley stated he will find out the decision on this request.
Councilman Buyer reported on a petition signed by residents of Lawrence, James and Wallace Place stating the deep concern and interest in the proposed NDC Development, especially the drainage basin. This petition served as record indicating the following:
1] questioning the ability of said basins to retain heavy volume storm drainage, where will overflow water drain?
2] requesting the Town be responsible for cleaning debris from retention/detention basins, clean all outflow channels, exercise rat, mosquito and algae control. This should be done on a regular maintenance basis.
Town Engineer Merritt reported he has reviewed the Engineering plans re: drainage for this project. He voiced his concern re: the request for the Town to take responsibility for maintenance of detention basin. We have no maintenance for these basins. If and when a drainage district is formed, that would provide the funding for maintenance.
Councilman Buyer suggested that this be a topic for a future work session and/or appointment of a sub committee to research this problem.
Police Chief Robert Henning reported he is in receipt of the traffic survey conducted in the Ellicott Road School area and it was not recommended for reduced speed but did recommend that larger school ahead signs be placed in the area.
19) 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 go on record to reaffirm the Town of Orchard Park's opposition to use of the Torrax facility for any Solid Waste Activity including being a transfer and/or recycling station.
THE RESOLUTION WAS DULY ADOPTED.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, N.Y.S. Assembly Bill #9339 and State Senate Bill #6939 provide for an act
to amend the environmental conservation law in relation to fees for regulatory programs, and
WHEREAS, Article 72 of the Environmental Conservation Law provides for amendment by adding a new Title 9 - "Solid Waste Management Facility Program Fee", and
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 8
WHEREAS, fees collected from all persons and municipalities as a surcharge on Waste Energy shall he used to offset much D.E.C.'s regulatory costs and shall insure adequate funding will be available to maintain and strengthen D.E.C.'s environmental enforcement program
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to go on record in opposition to N.Y.S. Assembly Bill #9339 and N.Y.S. Senate Bill #6939 providing for surcharges on waste energy disposal at land fills to fund D.E.C.'s environmental enforcement and policing programs.
THE RESOLUTION WAS DULY ADOPTED.
21) 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 Public Hearing on 5/2/90 at 8:00 PM EDT to consider an amendment to the Zoning Ordinance of the Town of Orchard Park which amendment provides as follows:
Section 144-22-G
A driveway to any structure or any hard surface other than natural vegetation shall be located no closer than five (5) feet to the lot line. This section shall apply to all lots in the business zones and the industrial zones. This section shall apply to any subdivision lot which has not received concept approval on or before January I, 1990 and to any newly created lot which is filed in the Erie County Clerk's Office subsequent to January 1, 1990;
and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS DULY ADOPTED.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town or Orchard Park has determined that there is a public need to alleviate drainage problems adjacent to the premises described in Exhibit A, and
WHEREAS, the Town Engineer has recommended that a project be completed to alleviate such drainage problems, and
WHEREAS, a map reflecting the plans for the project indicating the property over which an easement must be secured has been filed with the Town Clerk, and
WHEREAS, the property owners have refused to sign easements to allow the project to be completed, and
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 9
WHEREAS, the developer of adjacent property, Big Tree Development Enterprises, inc., has agreed to pay all damages and expenses in connection with such condemnation,
NOW, THEREFORE, the Town Attorney is authorized to take the following actions:
(a) To commence proceedings to condemn the property referred to in Exhibit A [or the purposes of securing easements over such property in order to complete the drainage project referred to above;
EXHIBIT A
All that tract or parcel of land situated in the Town of Orchard Park, County of Erie, State of New York and being part of Lot 38, Township 9, Range 7 of the Holland Land Company's Survey and further bounded and described as follows:
Beginning at the southwest corner of the Iafallo Property, Liber 9501, Page 689; thence southerly along the east line of W.M. Smith property, Liber 2521, Page 230 for a distance of twenty feet (20') to the true point of beginning.
Thence northwesterly at an exterior angle of 143°00'00" for a distance of twenty-five feet (25') to a point, thence continuing northwesterly at a deflection to the right of 33°30'00" for a distance of two hundred twenty-two feet (222') to a point, thence northwesterly at a deflection to the left of 35°00'00" for a distance of one hundred fifty-five feet (155') more or less to the west property line of the Cameron property, Liber, Page ; thence south along the west property line of Cameron for a distance of thirty-three and twelve hundredths feet (33.12') to a point; thence southeasterly at a deflection to the left of 49°00'00" for a distance of one hundred twenty-eight feet (128') to a point; thence southeasterly at a deflection to the right of 35°00'00" for a distance of two hundred fifteen feet (215') to a point; thence southeasterly at a deflection to the left of 33°00'00" for a distance of sixty-five feet (65') more or less to the east line of W.M. Smith, Liber 2521, Page 230; thence northerly along said line thirty-one and thirty hundredths (31.30') more or less to the point of beginning.
The above described contains 0.23 acres more or less.
(b) To charge any disbursements incurred to Big Tree Development Enterprises, Inc., the entity which is developing the subdivision adjacent to the parcel described in Exhibit A;
(c) To offer Nelson and Judith Cameron the sum of $500.00 for such easement and such sum of $500.00 shall be paid by Big Tree Development Enterprises, Inc.
(d) That the Town Supervisor is hereby authorized to sign an agreement between Big Tree Development Enterprises, Inc. and the Town of Orchard Park requiring that Big Tree Development Enterprises, Inc. pay all expenses in connection with the condemnation.
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 10
THE RESOLUTION WAS DULY ADOPTED.
23) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 following agreement with Big Tree Development Enterprises,
WHEREAS, Big Tree Development Enterprises, Inc. has applied to the Orchard Park Town Planning Board for approval of a subdivision known as Quaker Settlement, and
WHEREAS, the Town of Orchard Park is a municipal corporation, and
WHEREAS, approval of the Quaker Settlement Subdivision requires that drainage
over a certain area not owned by Quaker Settlement Subdivision is required in
order to complete the project, and
WHEREAS, installation of a storm drainage system over certain property which is described in Exhibit A will benefit the Town in general and, in fact, was proposed in connection with a town-wide drainage study in 1980, and
WHEREAS, the premises described in Exhibit A must be condemned in order to improve drainage in the Town of Orchard Park,
NOW, THEREFORE, the Town of Orchard and Big Tree Development Enterprises, Inc. agree as follows:
(1) That Big Tree Development Enterprises, Inc. will deposit the sum of $1,500.00 in the trust and agency account of the Town of Orchard Park to ensure payment of any damages assessed against the Town of Orchard Park for condemnation of the premises described in Exhibit A.
EXHIBIT A
All that tract: or parcel of land situated in the Town of Orchard Park, County of Erie, State of New York and being part of Lot 38, Township 9, Range 7 of the Holland Land Company's Survey and further bounded and described as follows:
Beginning at the southwest corner of the Iafallo Property, Liber 9501, Page 689; thence southerly along the east line of W.M. Smith property, Liber. 2521, Page 230 for a distance of twenty feet (20') to the true point of beginning.
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 11
Thence northwesterly at an exterior angle of 143°00'00" for a distance of twenty-five feet (25') to a point, thence continuing northwesterly at a deflection to the right of 33°30'00" for a distance of two hundred twenty-two feet (222') to a point, thence northwesterly at a deflection to the left of 35°00'00" for a distance of one hundred fifty-five feet (155') more or less to the west property line of the Cameron property, Liber, Page; thence south along the west property line of Cameron for a distance of thirty-three and twelve hundredths feet (33.12') to a point; thence southeasterly at a deflection to the left of 49°00'00" for a distance of one hundred twenty-eight feet (128') to a point; thence southeasterly at a deflection to the right of 35°00'00" for a distance of two hundred fifteen feet (215') to a point; thence southeasterly at a deflection to the left of 33°00'00" for a distance of sixty-five feet (65') more or less to the east line of W.M. Smith, Liber. 2,521, Page 230; thence northerly along said line thirty-one and thirty hundredths (31.30') more or less to the point of beginning.
The above described contains 0.23 acres more or less.
(2) That the Town of Orchard Park shall complete condemnation of the premises described in Exhibit A as soon as possible.
(3) That Big Tree Development Enterprises, Inc. shall pay expenses and damages incurred by the Town of Orchard Park in connection with the above referenced condemnation.
THE RESOLUTION WAS DULY ADOPTED.
24) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 agreement with Chester & Ruth Kabel, 3913 Baker Road granting the right of way and easement for a six (6) month period beginning March 1, 1990 and ending October 1, 1990, for the purpose of providing access to the general public to property owned by the Town of Orchard Park and presently utilized as a little league ball diamond, through and across that piece or parcel of land situated in the Town of Orchard Park, County of Erie and State of New York and more particularly described as follows:
ALL THAT TRACT OR PARCEL, Of LAND, situated in the Town of Orchard Park, and more particularly described as follows:
BEGINNING at the center line of Duerr Road, thence easterly along the center line of Thorn Avenue five hundred seventy-one and eighty-eight hundredths (571.88) feet, thence south a distance of two hundred seventy-five (275) feet, thence north a distance of two hundred fifteen (215) feet, thence north seven hundred fifteen (71.5) feet to the center line of Thorn Avenue, thence west twenty-five (25) feet to the point of beginning.
THE RESOLUTION WAS DULY ADOPTED.
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 12
25) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, 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 4/16/90 at 2:00 PM EDT in the Supervisor's Office for the purchase of police uniform parts, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS DULY ADOPTED.
26) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 Ronald Geitter for the Lions Club to conduct their annual Fish Derby at Yates Park on 6/17/90 at 1:00 PM EDT to 4:00 PM EDT, and be it further
RESOLVED registration for said derby shall take place at the Highway Garage 6/16/90 9:00 am to 1:00pm and at Yates Park Recreation Building on 6/17/90 9:00am to noon.
THE RESOLUTION WAS DULY ADOPTED.
27) 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 from the Highway Superintendent to purchase at State contract one (1) four wheel drive pick-up truck with snow plow attachments and lift gate for the Parks & Grounds Department from Orange Motors, Albany, N.Y. at a cost not to exceed Fifteen Thousand Seven Hundred forty-one Dollars and twenty-six cents ($15,741.26) as provided in the budget.
THE RESOLUTION WAS DULY ADOPTED.
28) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
29)
RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #6 following auditing by members of the Town Board and in the funds indicated:
WARRANT #6
GENERAL FUND $279,472.59
PART TOWN FUND 818.78
HIGHWAY FUND 25,440.07
SPECIAL DISTRICTS FUND 82,900.15
TRUST & AGENCY FUND 52,877.83
COMMUNITY DEVELOPMENT 1,510.25
CAPITAL FUND 215,7142.27
DEBT SERVICE FUND 156,1420.00
Reg. Mtg. #6 Mtg. #8 3/21/90 Page 13
THE RESOLUTION WAS DULY ADOPTED.
29) 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 receive and file the report from Planning Board Member Lorraine Biryla on attendance at the Association of Towns meeting.
THE RESOLUTION WAS DULY ADOPTED.
BUSINESS FROM THE FLOOR
Marvin Ashburn, 6326 Benning Road - Reported 1] the closing down of the Suburban Press is and shall be a great loss to the Town of Orchard Park and John Coleman shall be missed for his direct unbiased reporting, and 2] the Planning Board's recommendation for approval for Old Business #2 & #3 brings to mind the fact that Tops Market was a temporary trailer 2 years ago and is still there. Why?
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:42 PM EST.
Respectfully submitted,
Betty K. Reukauf
Town Clerk