1995 16th Town of Board Meeting for the Town of Orchard Park, Erie County, State of New York

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 16th day of August 1995 at 8:00 P.M. EDT and the Pledge of Allegiance was rendered.

The meeting was called to order by the Supervisor 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

Janis A. Colarusso Town Clerk

Leonard Berkowitz Town Attorney

Marvin Ginsberg Building Inspector

Robert C. Henning Chief of Police

Ronald A. Geitter Superintendent of Highways

Michael R. Merritt Town Engineer

1) 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 7/5/95 & 7/19/95 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.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Public Hearing

At 8:00 P.M., the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the Proposed Amendments to the Code of The Town of Orchard Park.

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 Proposed Amendments to the Code of The Town of Orchard Park and the affidavit is entered into and attached to these minutes.

At this time, Supervisor Mill asked Town Attorney Leonard Berkowitz to give a brief background on the Proposed Amendments to the Code of the Town of Orchard Park.

Mr. Berkowitz defined some of the following: 25-4 Authority to Require Open Land Area, 101-4 Peddlers and Solicitors, 134-5 Outdoor storage prohibited, 144-5 Terms defined, 144-20 General lot regulations, 144-20 E. Exterior display, 144-21 B. Roof-mounted antennas, 144-21 C, 144-22 Yard regulations, 144-24 Accessory structures, 144-24 C, 144-26 Excavations, 144-29 Automotive facilities; parking, 144-29 (6), 144-44 Applications for building permit and certificates of occupancy in B, I-1 or D-R Zones.

Comments/Objections

Mr. Edward Martindale - 190 Lawrence Place, Orchard Park New York 14127 (Hand out was given to Clerk.)

Mrs. Lorraine Biryla - 57 Greenmeadow Drive, Orchard Park New York 14127

2) 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 Proposed Amendments To The Code of The Town of Orchard Park be and is hereby closed at 8:22 P.M., Local Time.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time, Supervisor Mill stated that there would be no decision made tonight on the matter of the Proposed Amendments To The Code of The Town of Orchard Park.

Old Business #1 - Taylor Pohlman, Inc., 3935 California Road, Zoned I-1.

3) 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 Taylor Pohlman, Inc., 3935 California Road, Zoned I-, for a building permit to construct a 3,780 sq.ft. addition to an existing building. The Planning Board, 8/9/95, recommends approval with the following stipulations: 1) This is an Unlisted SEQR action and a Negative Declaration is recommended based on the Short EAF, Parts 1 & 2, and 2) A Landscape Completion Bond of $ 2,000.00 is required before a Building Permit is issued.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Best Dodge, Inc., 3551 Southwestern Blvd., Zoned B-2.

4) 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 Best Dodge, Inc., 3551 Southwestern Blvd, Zoned B-2, for a building permit to construct a 8,675 sq.ft. to the existing Ray Laks Acura building for automobile sales and service department. The Planning Board, 8/9/95, recommends approval with the following stipulations: 1) This is an Unlisted SEQR action and a Negative Declaration is recommended based on the Short EAF, Parts 1 & 2, and 2) A Landscape Completion Bond of $ 2,500.00 is required before a Building Permit is issued.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - American Legion Post #567, 3740 North Buffalo Road, Zoned B-3.

5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, 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 American Legion Post #567, 3740 North Buffalo Road, Zoned B-3, for a building permit to construct a sq.ft. addition to the existing building. The Planning Board, 8/9/95, recommends approval with the following stipulation: This is an Unlisted SEQR action and a Negative Declaration is recommended based on the Short EAF, Parts 1 & 2.

At this time Councilman Barnas stated he would be abstaining from voting. Mr. Barnas indicated that he was the Liaison to this project and very involved with the process.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas abstaining

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS DULY ADOPTED.

New Business #1, 2 and 3 - Refer to the Planning Board.

6) 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 the Conservation Board, the following New Business: 1) Boston Valley Terra Cotta, 6862 South Abbott Road, Zoned A-1. Requesting a Building Permit to construct a 3,400 sq.ft. pole barn. 2) John Julicher, 3748 Southwestern Blvd., requesting a Building Permit to erect a 1,200 sq.ft. storage building, and 3) Roy Emerling, eleven (11) acres of vacant property located to the rear of 4460 Abbott Road, Zoned R-3. Requesting Special Exception Use, Multiple Dwellings.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New business #4 - Block Party/Quaker Lake Terrace and Old Farm Road.

7) 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 approve the request from Quaker Lake Terrace and Old Farm Road to hold a Block Party on September 2, 1995 from 2:00 P.M. to 9:00 P.M., and to barricade from 80 Quaker Lake to the dead end of the road. Rain date of September 3rd.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 - (Not on the agenda.) Recreation Department.

8) 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 following resident appointments to the 1995-1996 Summer, Fall, Winter and Spring Recreation Staff, as recommended by the Recreation Director:

Name Exp Address Pos. Rate

Erin Jusiak 3 4480 Duerr Hd. Grd. $ 6.35

Mike Boller 3 7345 Ellicott Grd. $ 5.35

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

ELECTED OFFICIALS & DEPARTMENT HEADS

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

WHEREAS, Victor Liberatore seeks dedication of the extension for Fox Meadow Drive which is owned by him

NOW THEREFORE, be it

RESOLVED, that the portion of Fox Meadow Drive Extension which is owned by Victor Liberatore is hereby accepted for dedication by the Town of Orchard Park and the Town Attorney is hereby directed to take those actions necessary to complete such dedication.

Aye Nay

D. J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, this Town board has determined that Option 1 of the Bid Contract Documents for Collection, Hauling and Disposal of Mixed Municipal Solid Wastes, Bulky Wastes and White Goods is not appropriate

NOW, THEREFORE, be it

RESOLVED, that Option 1 of the Bid Contract Documents for Collection, Hauling and Disposal of Solid Wastes, Bulky Wastes and White Goods relating to the Authorization of various municipalities to opt into the Town of Orchard Park contract is hereby eliminated, and be it further

RESOLVED, that prospective bidders are hereby directed not to submit a bid regarding Option 1, and be it further

RESOLVED, that the Town Clerk shall forward, by certified mail, to all bidders a notice enclosing a copy of the Resolution.

Before the vote was taken, Councilwoman Ackerman stated she and Councilman Barnas are both member of NEST, North East Southtown Solid Waste Committee, and it was the committees suggestion that we use the language in the resolution for the Option 1, and also stated the committee felt there should be no problem withdrawing that section from the bid.

Aye Nay

D. J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, a Bid Opening Meeting for the Town of Orchard Park, Erie County, New York was held in the Supervisor’s Office at the Municipal Building on the 15th day of August 1995, at 2:00 P.M., Local Time, and

WHEREAS, Affidavits of Publication and Posting of the Legal Notice to the Bidders were presented, read aloud and filed with the Town Board by the Town Clerk,

NOW, THEREFORE, be it

RESOLVED, that United Uniform Company, Inc., 495 North French Road, Buffalo New York, be awarded the bid for Police Uniform Parts.

Aye Nay

D. J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

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, the street lighting for Pleasant Acres Part 2, Phase 2, PIP #205, was completed in 1993, and

WHEREAS, according to the Town Clerk, the funds held in escrow by the Town were never refunded to the developer

NOW THEREFORE, be it

RESOLVED, that the $ 6,800.00 performance security held in escrow for the Pleasant Acres, Part 2, Phase 2, PIP #205, be returned to Forbes/Boyle Joint Venture, as recommended by the Town Engineer.

Aye Nay

D. J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

13) 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 #16, following auditing by members of the Town Board in the funds indicated:

General Fund $ 65,611.99

Part Town Fund $ 316.86

Highway Fund $ 25,451.52

Special District Fund $ 799.00

Trust & Agency Fund $ 163,446.32

Capital Fund $ 147.74

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to receive and file the following Communication as entered on the agenda:Erie County Department of Emergency Services reported that Gerald G. Petre and Larry W. Holtz successfully completed a New York State Fire Police Training Course.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, SECONDED BY COUNCILMAN BARNAS, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to receive and file the following report as entered on the agenda: Orchard Park Police Department Monthly Report for July 1995.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

There being no further business before the Town Board, on motion of Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:37 P.M. EDT.

UNANIMOUSLY ADOPTED

Respectfully submitted,

Janis A. Colarusso

Town Clerk