Reg. Mtg. #22    Mtg. #23                11/18/92                 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 18th day of November 1992 at 8:00 PM EST and there were

 

PRESENT AT ROLL CALL:       Dennis J. Mill          Supervisor

John J. Mills           Councilman

Paul D. Barnas          Councilman

David M. Buyer          Councilman

Nancy W. Ackerman       Councilwoman

 

Betty K. Reukauf        Town Clerk

Leonard Berkowitz       Town Attorney

Robert C. Henning       Chief of Police

Michael R. Merritt      Town Engineer

 

 

ABSENT:                      Robert W. Sweet        Building Inspector -   ill

Ronald A. Geitter      Highway Superintendent

 

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.

 

PUBLIC HEARING

 

At 8:00 P.M. 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 from B-2 to B-2 Special Exception Use for a franchised equipment sales and parts retail business on property located at 2911 Southwestern Blvd. as petitioned by Edmund F. Burke.

 

Affidavits of Publications 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

Patrick Burke - Member of Petitioner's Association.

OPPONENTS

 

No one spoke

 

1)    THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

 

RESOLVED that the Public Hearing in the matter of the Special Exception Use for 2911 Southwestern Blvd. be and is hereby closed at 8:05 PM EST.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

2)    THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, 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 from B-2 to B-2 Special Exception Use for a franchised equipment sales and parts retail business on property located at 2911 Southwestern Blvd. as petitioned by Edmund F. Burke.

 

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 18th day of November 1992 at which all interested parties were given an opportunity to be heard, 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

 

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 B-2 to B-2 Special Exception Use all tract of parcel of land bounded and described as follows:

All that Tract or Parcel of Land, situate in the Town of 0rchard Park, County of Erie and State of New York, being part of Lot No. 409, Township 10, Range 7 of the Buffalo Creek Reservation, described as follows:

 

BEGINNING at a point in the east line of lands conveyed to William H. Storm and Ella, his wife, by deed recorded in the Erie County Clerk's office in Liber 3669 of Deeds at Page 445 at its intersection with the southerly line of Southwestern Boulevard as conveyed to the County of Erie by deed recorded in said Clerk's office in Liber 2074 of Deeds at Page 35; thence southerly along the east line of lands conveyed to Storm by aforesaid deed, two hundred forty-six and fifty hundredths (246.50) feet to the southeast corner thereof, said corner being a point in the south line of Lot No. 409; thence westerly along the south line of Lot No. 409 and the south line of lands conveyed to Storm by aforesaid deed, two hundred thirty–eight and twenty–six hundredths (238.26) feet to the southwest corner thereof (of lands conveyed to Storm by aforesaid deed); thence northerly parallel with first described course along the west line of lands conveyed to Storm by aforementioned deed, fifty-seven and thirty-seven hundredths (57.37) feet to a point in the southerly line of Southwestern Boulevard as conveyed by said deed; thence northeasterly along the southerly line of said Southwestern Boulevard, two hundred ninety-eight and fifty-six hundredths (29d.56) feet to the point of

beginning.

This Ordinance shall take effect immediately in accordance with law.

 

Before the vote was taken, in response to questions from the Town Board, Mr. Burke stated this shall be a Satellite Sales Office, the main facility being located in Syracuse, and all repairs and so forth will be done there. Also there shall be no more than four (4) truck mounted trains on the property at one time.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #1 - S. Hanley, Southwestern Blvd. & Hart PI. rezoning.

 

3) 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 schedule a Public Hearing on 12/16/92 at 8:00 PM EST in the matter of the rezoning of a parcel of land from R-2 to B-2 located at the southeast corner of Southwestern Blvd. and Hart Place as peti­tioned by Sean Hanley, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #2 - S. Hanley, Southwestern Blvd. & Hart Pl. rezoning.

 

4)    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 schedule a Public Hearing on 12/16/92 at 8:00 PM EST to rezone property located at the southeast corner of Southwestern Blvd. and Hart Place from R-2 to R-3 as petitioned by Sean Hanley, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #3 - V. J. McGravey, M.D. Orchard Park Rd. rezoning.

5)    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 schedule a Public Hearing on 12/2/92 at 8:00 PM EST to rezone property located at 3460 Orchard Park Road from R-2 to B-3 as petitioned by V. J. McGravey, M.D., and be it further

 

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #4 - Award bid for O.P. Police Dept. surplus vehicle.

 

6) 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) 1978 Oldsmobile 2 door sedan that has been declared surplus property in the Police Department to Ronald S. Shagott, 170 Emporium Drive, West Seneca, N.Y. in the amount of Five Hundred thirteen ($513.00) Dollars as recommended by the Chief of Police.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #2       Mtg. #23        11/18/92            Page 4

 

New Business #1 - Maple Court Motel, Southwestern Blvd.-Renovation.

 

7)       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 refer to the Planning Board and Conservation Board the request from Maple Court Motel, 3940 Southwestern Blvd. for a building permit(s) for renovation of motel.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #2 - J & G Tomani, Taylor Rd. rezoning.

 

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 refer to the Planning Board and Conservation Board the request from John & Gregg Tomani. east side of Taylor Road abutting the Southern Expressway (Rt. #219) to rezone property from I-1 to R-4.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #3 - Street lighting at Smokes Creek Bridge/Rt 20A.

 

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

 

WHEREAS, the bridge on Rte 20A at Smokes Creek has recently been reconstructed and the lamp was removed, and

 

WHEREAS, a proposal from New York State Electric & Gas for the installation of a 14,400 lumen H.P.S. Lamp and Bracket on a new pole at no cost to the Town was received

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to approve the following street lighting proposal from New York State Electric & Gas, dated 11/5/92 as recom­mended by the Town Engineer:

 

Install   1 - 14,400 lumen HPS lamps @133.06 ea.              =$133.06 Pole - 50-1, Line 853

 

Install 1   - 16 ft Bracket @$22.97 ea.                       =$ 22.97

Total Annual Increase           =$156.03

 

Installation of new wood pole will be at no charge to town, based upon location of previous wood pole. (grandfathered)

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 Reg. Mtg. #22                                Mtg. #23   11/18/92     Page 5

 

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:

$994.50 from A1910.000.480 to A1450.000.110 Salary of Election Inspectors

 

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 as recommended by the Recreation Director:

 

$12.00 from A7020.251 to A7020.470

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, Orchard Park-Hamburg Joint Water District No. 6 has received a purchase offer for the property owned on Abbott Road, formerly used as a pumping station and has been inactive for over two years, and

WHEREAS, the site contains a 550 gallon underground gasoline storage tank, and based on negotiations between the purchaser and the Orchard Park and Hamburg Town Attorneys, it was agreed that it is the responsibility of the Orchard Park-Hamburg Joint Water District No. 6 for the removal of this tank before completing the sale of the property, contrary to the sales contract which states that the purchaser accepts premises as is and contents are acceptable, and the seller shall not be obliged to correct environ­mental defects at the premises, and

WHEREAS, the tank removal will fall under N.Y.S.D.E.C. regulations which require soil testing to determine if the soil is contaminated, and the proposed work includes:

 

Application to EPA for gasoline disposal      Analysis of soil samples

Notification of NYSDEC                         Transportation and disposal of tank

Tank excavation and removal                             and contents

Cleaning of tank                               Backfill of excavation

                                              Submission of reports to proper agencies

 

and

 

WHEREAS, two proposals were received for the tank removal but do not include costs for the following unknown situations which may occur:

 

Concrete encasement of tank

Contents of tank other than gasoline (fuel oil, diesel) Contaminated soil

 

and

WHEREAS, if soil is contaminated, additional testing will be required to determine whether the contaminated soil is hazardous or nonhazardous, either case would require additional testing and disposal increasing the total contract cost of removal greatly,

and if the liquid remaining in the tank is more than 90% gasoline, it will cost less to remove and dispose of the liquid

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to hire Empire Soils Investigations, Inc., S5167 South Park Ave., Hamburg, N.Y. for the tank removal at the Joint Water District No. 6 Abbott Road site in the amount of $5,523.50, with additional contingency costs for unknown circumstances at the rates listed in their proposal as recommended by the Town Engineer.

 

Before the vote was taken, Councilman Mills stated the underground tank was in-stalled by the Erie County Water Authority and if there are any large amount of costs, the Water Authority should be liable. The Town of Orchard Park has received a letter from the Town of Hamburg in favor of the removal of said tank. Therefore, he requested the Town Attorney notify the Erie County Water Authority putting them on notice as to their responsibility in this matter.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:

 

WHEREAS, the Town has received a request from Moller Mollenberg-Betz. for final payment and release of retention on Contract C for the Orchard Park Municipal Center Project, and

WHEREAS, the original bid award for Contract C was $852,000.00 and during the course of the project there were three change orders approved for a total increase $14,700.00 (+1.7%) resulting in a final contract amount of $866,700.00, and

 

WHEREAS, the final punch list items have now been satisfactorily completed and all necessary contract documents received and the work is under warranty through 5/31/93

 

NOW, THEREFORE, Be it

 

RESOLVED that the Town Board be and is hereby authorized to approve the final payment to Mollenberg-Betz, Inc. on Contract C of the Orchard Park Municipal Center Project in the amount of $21,667.50 as recommended by the Town Engineer.

 

Before the vote was taken, Supervisor Mill, on behalf of the Town thanked the Engineer for following through on this and making sure all items on the punch list were completed.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

14) 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 all entries on Warrant #21 following auditing by members of the Town Board and in the funds indicated:

WARRANT  #21

GENERAL FUND                        $ 56,166.58

PART TOWN FUND                           222.00

HIGHWAY FUND                         144,571.61

SPECIAL DISTRICTS FUND               197,910.70

TRUST & AGENCY FUND                    1,426.00

CAPITAL FUND                          21,667.50

DEBT SERVICE FUND                    421,964.39

Text Box: Respectfully submitted,Text Box: Betty K.Reukauf Town ClerkText Box:

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

15) 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 receive and file the letter from the Friends of the Library expressing their thanks to the Town Board for all the help in the expansion of the parking lot and the repairing of the roof at the Library.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

BUSINESS FROM THE FLOOR

 

Leona Backus, 115 Thorn Ave. - Appeared before the Town Board stating she had been at the Town Board Meeting on 10/7/92, had voiced her concern and brought to the Board's attention the continued dumping of concrete and other materials in the vacant land on the southeast area of Duerr Road and Thorn Avenue owned by Holmes & Murphy, Inc. She felt that at that time, after a discussion by Town Board members Town Attorney, and the Building Inspector, that Holmes & Murphy could be and would be cited for the violation of a specific section of the law. Up until now, nothing has been done and she certainly hoped this item does not get lost in the shuffle. She has made several calls to Town Officials and Town Attorney Berkowitz but has had no response.

 

Councilman Mills stated he also felt the Company was to be cited and he agrees with her that it is a nasty situation. However, it will take a lot of research on the Town Board's part to decide how to enforce the law in this matter.

 

The Town Attorney stated it is the Building Inspector's job to enforce the zoning laws.

 

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:40 PM EST.