Reg. Mtg. #15 Mtg. #16 8/5/92 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 August, 1992 at 8:00 P.M. EDT and there were
PRESENT AT ROLL CALL: D. J. Mill Supervisor
J. J. Mills Councilman
P. D. Barnas Councilman
D. M. Buyer Councilman
N. W. Ackerman Councilwoman
Betty K. Reukauf Town Clerk
L. Berkowitz Town Attorney
R. W. Sweet Building Inspector
R. C. Henning Chief of Police
M. R. Merritt Town Engineer
ABSENT: 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 COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 6/17/92 and 7/1/92, 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.
PUBLIC HEARING
At 8:00 P.M. EDT 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 located at 5408 Lake Avenue from R-3 to R-3 Special Exception Use to operate a Wedding Cake business as petitioned by Alan & Lisa Krakowiak
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.
Lisa Krakowiak, 5408 Lake Avenue.
OPPONENTS
No one spoke.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the Public Hearing in the matter of the rezoning petition of Alan & Lisa Krakowiak be and is hereby closed at 8:05 PM EDT.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, 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 located at 5408 Lake Avenue from R-3 to R-3 Special Exception Use to operate a Wedding Cake business as petitioned by Alan & Lisa Krakowlak
was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 5th day of August 1992 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, the 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
RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from R-3 to R-3 Special Exception Use for operation of a Wedding Cake business, all tract or parcel of land bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate bathe Town of Orchard Park, County of Erie and State of New York, being part of Lot Number four hundred forty-nine (449), Township ten (10), Range seven (7) of the Buffalo Creek Reservation, bounded and described as follows:
BEGINNING at a point in the center line of Lake Avenue where the same is intersected by the west line of Lot Number four hundred forty-nine (449), Township ten (10), Range seven (7); running thence northerly along the west line of Lot Number four hundred forty-nine (449), Township ten (10), Range seven (7), eight hundred ninety-eight and seventy-six hundredths (898.76) feet to a point; running thence easterly along Subdivision Lot Number seventy-nine (79), under Map Cover Number 1809, two hundred fourteen and twenty-one hundredths (214.21) feet; running thence southerly on a line parallel with the west line of Lot Number four hundred forty-nine {449), Township ten (10), Range seven (7) which is also the westerly line of Subdivision Lots Numbers sixty-nine (69), fifty-nine (59), forty-nine (49), thirty-nine
(39) and twenty-nine (29), under Map Cover Number 1809, four hundred ninety-eight and seventy-six hundredths. (498.76) feet; running thence westerly on a line parallel to the south line of Lot Number four hundred forty-nine (449), Township ten (10), Range seven (7), one hundred twenty-one and seventy-one hundredths (121.71) feet; running thence southerly on a line parallel to the west line of Lot Number four hundred forty-nine (449), Township ten (10), Range
seven (7), four hundred (400) feet to-the center line of Lake Avenue; running thence westerly along the center line of Lake Avenue, ninety-two and fifty hundredths (92.50) feet to the point of beginning, containing three and three. tenths (3.3) acres of land, more or less.
This Ordinance shall take effect immediately.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
PUBLIC HEARING
At 8:00 P.M. EDT the advertised time, the Supervisor called for the public hearing to hear all interested parties and citizens in accordance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, on the proposed Orchard Park Commerce Center Draft Environmental Impact Statement.
The Orchard Park Town Board as Lead Agency has accepted a Draft Environmental Impact Statement for the proposed Orchard Park Commerce Center. This action involves the development of a light industrial/business and commerce park east of U.S.Rte. 219, south of Lake Avenue, north of Milestrip Road and west of U.S. Rte. 20.
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.
At this time, Supervisor Mill introduced Paul Higby, Town Planning Coordinator, who reviewed the background information and reasons for this Public Hearing emphasizing the fact that this public hearing deals with the proposed Draft Environmental Impact Statement and not the pros and cons of rezoning.
Supervisor Mill set the ground rules and introduced Tom Casey, the proposed project Planner and Engineer, who reviewed in detail the Environmental Impact Statement, noting that approximately 108 acres of the project zoned R-3 would have to be rezoned 'o D-R and B-1 to allow research and development and manufacturing facilities and other commercial uses.
Among the many things he touched on were: wetlands, traffic, land zoning, adequate utilities, no greater decibel noise than at present, archaeological study done and found nothing, drainage will be addressed, 1800 new jobs will boost the economy, and financing will be private.
OPPONENTS
1. Richard Jablonski, 5155 Lake Avenue - the decibel noise level will increase tremendously. The developer certainly has the wrong figures on this. What will happen to the two gas wells that were plugged many years ago? Need of a buffer zone but what will it consist of? Archaeological sites are located within one mile of this site. The 108 acres residential property should be left there. Too much traffic on Lake Avenue now and more dust and debris would be generated.
2. Joseph Diperro, 5856 Lake Avenue - Need for buffer zone. Opposed to any access on to Lake Avenue. Traffic will be greatly increased. Keep it all on Milestrip.
3. Herbert Primas, 5972 Lake Avenue - Traffic is unbearable now, will be greatly increased.
4. Andrew Mantione, 5900 Lake Avenue - Have lived here 3 years, noise, traffic and dust is terrible now. Is opposed even if the project taxes would help the Town.
5. Joseph Fahrner, 6094 Lake Avenue - Lake Avenue speed way now. Need for more police to survey the area. if the project is approved, Lake Avenue will be widened and no one will be safe in this area.
6. James Nesbitt, 5105 Lake Avenue - Lived here 17 years. Traffic and noise level have increased greatly. Opposed to any access or widening of Lake Avenue.
7. John Schneider, 5505 Lake Avenue-Dump trucks coming off N. Benzing Road which should be opened onto Milestrip Road, drainage and flooding problems.
8. Gerald Podpora, 5931 Lake Avenue.
9. Robert Krueger, 6291 Lake Avenue-Drainage problems.
10.Gary Slomowiecz, 8 Pleasant Avenue-Didn't need this project. Too many problems now.
11.Mrs. Kusmierczyk, 6110 Lake Avenue.
12.Elizabeth Stuart, 5789 Lake Avenue-Heavy traffic. Will impose on privacy. Children can't play out now. Loud noise, dust and dirt now.
13. Thomas Neill, 6274 Lake Avenue - Only here 4 months. Traffic out of control now. Why does this have to be developed.
14. Robert Church, 28 Pleasant Avenue.
15. E. J. Posenjak, 6255 Powers Road
16. Mrs. Laurie, 18 Pleasant Avenue - Here one year. Have Town buy property and develop it for recreation.
17. Debbie Patterson, 5139 Lake Avenue - Traffic unbearable at present. Need for
green space. Jobs..what kind? Tax abatement will take 7-10 years for taxes here. Trucks rumble by on Lake Avenue all day now. Children can't play outside. They will widen Lake Avenue and it will be a race way. Went to Library to read the D.E.1.S....would like one of her own.
18. Milford Lickfield, 5269 Lake Avenue.
19. John Keller, 5808 Lake Avenue.
20. Mrs. Bystrak, 5718 Lake Avenue.
21. Mrs. Byrne, 6189 Lake Avenue.
22. Eileen Jendrysek, 5145 Lake Avenue.
23. Thomas Duffy, 5285 Lake Avenue.
24. Sherwood McGraw, 5259 Lake Avenue.
25. Diane Patterson, 5139 Lake Avenue.
26. Kathleen Coniglio, 5819 Lake Avenue.
Reg. Mtg. #15 Mtg. #16 8/5/92 Page 5 27. Marion Reinhard, 5439 Lake Avenue.
At this time Michael Alspaugh, A.I.C.P., Senior Planner for Erie County Dept. of Planning read his prepared statement as follows:
Pursuant to Article 8 of the Environmental Conservation Law and to adopted procedures, Erie County has reviewed this Type I action referred to us on June 22, 1992.
The results of this review are as follows:
o The following comments/concerns have been identified and should be further evaluated during FEIS preparation before SEQR decisions are made on this project:
1) Pollution Prevention Program
The development of an industrial park of this nature presents and opportunity for encouraging companies to consider pollution prevention techniques and minimize their impacts on the environment by reducing their emissions and the wastes they generate. The Erie County Office of Pollution Prevention (ECOPP) would like the opportunity to meet with perspective industrial park occupants and discuss pollution prevention options.
It is recommended that Section 3.2.10 of the DEIS be amended to include additional mitigation measures which require new companies contact ECOPP to discuss pollution prevention before locating in the Park. The implementation of this type of mitigation mechanism will be beneficial to all involved. The new company will benefit through a reduction in waste disposal costs, emission fees, and possible raw material costs. The industrial park developers will benefit through a reduction in potential liability. The other industrial park tenants and residents in the vicinity will gain from the reduction of pollutant emission in the general area. The Town of Hamburg would benefit through the reduction of impact on town infrastructure and service requirements.
The inclusion of pollution prevention in this impact statement will provide additional mitigation of the following impacts which have been identified:
1) Air quality would be improved by the reduction of pollutants at individual air pollutant sources.
2) Solid waste generation would be reduced through institution of recycling programs.
3) Hazardous waste generation would be reduced by companies using less and non-hazardous raw materials or by companies using more efficient industrial' processes.
4) Fire protection concerns would also be mitigated through the introduction of less and non-hazardous raw materials.
5) Wastewater capacity and water quality concerns would be minimized through institution of water conservation programs.
The Erie County Office of Pollution Prevention is a non-regulatory industrial assistance effort which assists companies with understanding and implementing pollution prevention in the DEIS should not pose any threat to perspective park occupants. There is no intention to force companies to implement ECOPP recommendations. The program creates a mechanism for the transfer of information to
Reg. Mtg. #15 Mtg. #16 8/5/92 Page 6
industry. Once the information is placed in their hands the evident benefits should entice industry to put it to
good use.
ECOPP would like the opportunity to meet with the Town of Orchard Park and the developers to further discuss pollution prevention opportunities. Please contact Mr. Thomas Hersey, Jr., Coordinator Pollution Prevention Program, at 858-7674.
2) Transportation
The one (1) foot wide strip of land was acquired by Erie County at the request of NYSDOT in order to maintain limited access to the 4-lane divided Milestrip Road segment between U.S. 219 and U.S. 20.
a) The DEIS states that access to Milestrip Road will reduce impacts on other surrounding roads. But it also states that impacts will be greater at the two intersections of Milestrip Road with U.S. 20
(Southwestern Boulevard) and with NY 277 (Orchard Park Road). The DEIS does not consider the additional impact of Phase III build out but rather defers further analysis until Phase I is completed. The DEIS recommends additional traffic analysis at that time. Erie County requests that an analysis of the complete project be conducted as part of the DEIS process so that all future impacts and highway needs are known as early in the planning phase as possible. The Lake and Milestrip Road segments from Abbott Road to Orchard Park Road should be included.
b) The County Highway Department has had other requests for access to Milestrip Road. The alternative of providing a "service" road along Milestrip Road should be addressed since the State's intent, when constructing Milestrip, was to limit access. A traffic study of the Mid County Drive extension to a full intersection at Milestrip Road should be included in the DEIS.
c) The technical problems of creating a signalized intersection on Milestrip Road with a center median should be thoroughly discussed in the DEIS.
3) Solid Waste
The impact of this project on the generation of solid and hazardous waste and disposal of such wastes was not addressed in the DEIS. Recent State legislation (1990) amending SEQR requires that the impacts of a proposed action on solid waste be considered in any environmental impact statement on the action (see attached laws of 1990).
4) Bus Service
No mitigation measures were discussed in the DEIS which would facilitate access to jobs in the O.P. Commerce Center for public transit users. This must be addressed so that all persons employed in the OPCC have a: choice of transportation modes and also that other County. residents can have access to jobs in the OPCC even if they do not have an automobile.
5) Housing Supply
It is safe to assume that a significant portion of the jobs in the park will be available to low/moderate income households. The proposed rezoning will reduce the amount of R-3 zoned land available for low/moderate income housing
Reg. Mtg. #15 Mtg. #16 8/5/92 Page 7
units (R-3 is the only multi-family housing zone in the Town of Orchard Park) by approximately ten percent (10%). The DEIS should discuss the impact of the Commerce Center on the availability of housing for the significant number of low/moderate income employees who will work in the Commerce Center. Does the Town have enough R-3 zoned land for future housing for these employees, as well as the other low/moderate income residents in the Town. Affordable housing is a critical need in most suburban and rural communities and should be taken into consideration since there is limited undeveloped land which is zoned R-3 for such housing.
6) Sanitary Sewers
a) The Erie County Division of Sewerage Management objects to the last paragraph on page 3.32. The proposed peak flow from this park should not surcharge any existing pipe. In the event that the capacities of the existing collectors are exceeded, then the developer is responsible for enlarging or running parallel lines to the existing ones.
b) A more detailed plan is required in order to facilitate a proper review.
7) Open Space
Planning for the Commerce Park is an important opportunity for the Town to have public open space set aside for the future. This would serve the dual purpose of protecting existing wetlands on site (and their natural benefits) and providing green space or a recreation corridor or pathway through this site.
o Erie County will have future review and/or approval authority over this action as follows:
a) Site plan review for individual lots to be developed;
b) Granting of a permanent easement across County-owned land to permit project access to Milestrip Road, and subsequent permits dealing with the County highway and R.O.W.;
c) Review and approval of public sewer extension plans by Environmental Compliance Services;
d) Review and approval of sewerline plans by the Sewerage
Management Division and County Sewer District #3 and
submission of a pre-treatment survey for commercial and
industrial discharges to public sewers.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the Public Hearing in the matter of Orchard Park Commerce Center Draft Environmental Impact Statement be and is hereby closed at 9:12 P.M. EDT.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #15 Mtg. #16 8/5/92 Page 8
Mr. Casey said he will be responding to all the concerns in approximately two weeks and will be in touch with Paul Higby's office in this matter.
Supervisor Mill thanked everyone for coming and voicing their concerns about their neighborhood and the proposed changes for this area.
Old Business #1 -Burgwardt Properties, N. Buffalo St. Rezoning decision.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on 7/15/92 the Town Board did hold a Public Hearing in the matter of the request from Burgwardt Properties Inc., 3943 N. Buffalo Road to rezone a portion of said property from R-2 to B-3 for construction of mini-storage facilities, and
WHEREAS, the Town Board gathered all information pro and con to the rezoning, reviewed and considered all information, including the Planning Board Meeting of 6/10/92, to determine a correct decision on this request
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to deny the request from Burgwardt Properties Inc., 3943 N. Buffalo Street to rezone a portion of address property from R-2 to B-3 for construction of mini-storage facilities as this request does not conform to the Comprehensive Zoning Plan for the Town for this area of North Buffalo Street.
Aye Nay
D. J. Mill x
J. J. Mills x
P. D. Barnes x
D. M. Buyer abstained - conflict of interest
N. W. Ackerman x
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - Award bid for surplus dump truck.
5) 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 award the bid for one (1) 1971 International One-ton Dump Truck Town surplus vehicle to S.V. Cappola, 5395 Powers Road, Orchard Park in an amount of One Thousand Four Hundred fifty-one Dollars and fifty cents ($1,451.50), as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1,2,3,4, Referrals to the Planning Board.
6) 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 refer to the Planning Board and Conservation Board the following items as entered on the agenda:
1. Holiday Building Co., Inc., lot corner of California Road and Summit Avenue Requests rezoning from B-2 to R-3 for construction of two family residence Refer to Planning Board.
2. The Zaepfel-Krog Corp., 40 Centre Drive - Request for building permit - Refer to Planning Board.
3. Edwin Mulhollan, 6385 Cole Road - Requests building permit for addition to barn (not conforming use - set back) - Refer to Planning Board.
4. Bainbridge Const. - Requests building permit for expansion of existing dining facilities at Eckl's Restaurant, 4936 Ellicott Road. Refer to Planning Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - Grover & Marla Ellwood, 1285 Underhill Road, East Aurora -
Requests approval to conduct home occupation "Bed & Breakfast" at
6262 Boston Ridge Road and/or 4879 California Road, Refer to
Planning Board.
Removed from Agenda.
New Business #6 - O.P. School District use of voting machines for special vote.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, 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 Schools for the use, of eight (8) voting machines for a special district vote on 8/5/92.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #7 - Recreation Staff appointments.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the following resident appointments to the Fall/Winter/Spring Recreation Staff as recommended by the Recreation Director:
Joe Huber 6680 Gartman Road Dir. $5.00/hr
Flo Kirkner 16 Bender Drive Swim/Dir. $7.50/hr
James Keats 133 Lincoln Avenue Dir. $5.00/hr
Mike Mulawka 3131 Southwestern Blvd. Dir. $5.00/hr
Linda Somerville 50 Chauncey Lane Dir. $5.00/hr
Elizabeth Heppner 25 Colony Drive Grd/Inst. $5.00/hr
Lara Wutz 3274 Baker Road Grd. $5.00/hr
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #19 Mtg. #6 8/5/92 Page 10
New Business #8 - Bob-O-Link Golf Club, Transit, East Aurora, Out of District Water. Tabled for review and feasibility of approval by the Town Engineer.
New Business #9 - O.P. Jaycees - Quaker Arts Festival.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the yearly request from the Orchard Park Jaycees for the use of necessary items ie - installation of fencing, use of trash containers and picnic tables from the Town Highway and use of dumpster to insure a successful operation of the 1992 Quaker Arts Festival to be held 9/19/92 - 9/20/92.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
10) 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 transfer as recommended by the Town Clerk:
$300.00: from A1450.419 voting machine moving signs
to A1450.445 voting machine renovations
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) 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 transfer:
$50.00 from B.8020.000.456 (Professional Services) to B.8020.000.450 (Publishing) For purchase of Environmental Law (SEQRA) Book, Matthew Bender Co. for Planning Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the following transfer as recommended by the Recreation Director:
$300.00 from A7020.480 to A7020.419
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #15 Mtg. #16 8/5/92 Page 11
13) 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 appointment of Aaron Shine, 3650 Scherff Road as a part-time summer employee for the Municipal Center effective 8/6/92 through 9/4/92.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, Chapter 413 of the Laws of the State of New York for 1991 authorizes this Town Board to increase the fee for certification of marriage registration, certified copy, or certified transcript of marriage from $5.00 to $10.00;
NOW, THEREFORE, BE IT
RESOLVED, that the fee for certification of marriage registration, certified copy, or certified transcript of marriage is hereby increased from $5.00 to $10.00.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill reported 1] he received a letter from N.Y.S. D.O.T. in reply to his request on information re: Transit Road/Rt 187 at Reserve Road and Southwestern Blvd. at South Benzing Road (see communication #2), 2] will request information from the Highway Superintendent re: a site problem at the intersection of Kathryn Drive and Baker Road. Councilwoman Ackerman stated the Highway Superintendent has been working on this problem and a meeting has been scheduled with the property owners to alleviate the problem and 3] the Youth Director of West Seneca to consider a joint effort in a Youth Program "YES" (Youth Engaged in Service) and request Erie County
to release approximately $5,600.00 available for funding said very worth while project.
Councilman Barnas requested an update re: a signal survey at Mid County Drive and Breem Street area. The Town Engineer stated Mr. Downing and the Town are still trying to resolve their ideas and differences.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, New York State requires certain information on recycling in the Comprehensive Recycling Analysis, and
WHEREAS, it is necessary to receive certain information from all haulers collecting garbage in the Town of Orchard Park
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to adopt the "Application
for Solid Waste Collection License" containing an annual license fee of fifty ($50.00)dollars, and be it further
RESOLVED, said license and fee shall apply to any hauler collecting garbage from any and all waste generating units not included in the municipal contract, and be it further
RESOLVED, this application and fee shall become effective immediately.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) 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 execute the Lease Agreement for use of School Buses with the Orchard Park Central School District, effective July 1, 1992 and ending June 30, 1995 as recommended by the Town Attorney, and be it further
RESOLVED the Supervisor be and is hereby directed to execute the Agreement for use of Playing Fields and Facilities with the Orchard Park Central School District effective 5/1/92 and ending 4/30/95 as recommended by the Town Attorney.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has received an application for a Public Improvement Permit to construct 1710 L.F. of sanitary sewer to service Phase III of the Quaker Hollow Townhouse Project, and
WHEREAS, the roadway and waterline are to remain private and are to be inspected and certified by the developer's engineer for the project, and
WHEREAS, the Town Engineer has reviewed the plans and specifications submitted for the project and have found them to be in accordance with the current requirements and specifications of the Town of Orchard Park
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve the application for Public Improvement Permit #221 for Quaker Hollow Townhouse Development Phase III as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #15 Mtg. #16 8/5/92 Page 13
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, 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 Public Improvement Permit #220 for Orchard Meadows Part 10 for 765 L.F. of roadway and all necessary utilities to service sixteen (16) sublots.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #14 following auditing by members of the Town Board and in the funds indicated
WARRANT #14
GENERAL FUND $198,385.95
PART TOWN FUND 3030.06
HIGHWAY FUND 28,653.98
SPECIAL DISTRICTS FUND 185,804.29
TRUST & AGENCY FUND 159,536.78
COMMUNITY DEVELOPMENT 135.00
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to receive and file the Communications as entered on the agenda:
1. State Senator Wm. Stachowski - Acknowledgement of adopted resolution Re: E.C. Water Authority to establish geographic information system.
2. N.Y.S. D.O.T. - Reply to letter from Supervisor re: Transit Road/Rte 187 at Reserve Road and Southwestern Blvd. at South Benzing Road.
3. E.C. Legislator Marshall - Acknowledgement of adopted resolution Re: partial payment of Real Property Taxes.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, 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 Reports as entered on the agenda:
1. Supervisor Mill - Comprehensive Annual Financial Report for the year ending 12/31/92.
2. Building Permits and Building Inspector's Monthly Report for July 1991.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:47 P.M. EDT.
Respectfully submitted,
Betty K. Reukauf Town Clerk