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 6th day of December 1995 at 8:00 P.M., (local time) 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
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Robert C. Henning Chief of Police
Michael R. Merritt Town Engineer
ABSENT: Nancy W. Ackerman Councilwoman
Ronald A. Geitter Superintendent of Highways
Marvin Ginsberg Building Inspector
At this time, Supervisor Mill stated Councilwoman Ackerman is on vacation.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the minutes of the Regular Meeting of the Town Board, held on 10/4/95, 10/18/95 and 11/1/95 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 has 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 absent
THE RESOLUTION WAS DULY ADOPTED.
Public Hearing
At 8:00 P.M. (local time), 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 3508 North Buffalo Street from R-2 to B-3.
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: No One Spoke
OPPONENTS: No One Spoke
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Public Hearing in the matter of rezoning 3508 North Buffalo Street from R-2 to B-3 be and is hereby closed at 8:05 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 absent
THE RESOLUTION WAS DULY ADOPTED.
At this time Supervisor Mill stated he wanted the record to show that the Petitioner, James LoCurto, 3508 North Buffalo Road, Orchard Park New York, was in the audience and he was in favor of the rezoning. The Supervisor also asked the Petitioner if he had intended use of the property. The Petitioner, James LoCurto, responded “no”.
Supervisor Mill also stated, to the Petitioner, a decision to re-zone the property located at 3508 North Buffalo Road, Zoned R-2, will be made at the next Town Board Meeting.
Old Business #1 - Water Authority to construct a Pump Station on Jewett-Holmwood Road.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Erie County Water Authority, a public benefit corporation, seeks to construct a water pumping station on land which is presently owned by the Town of Orchard Park, located on Jewett-Holmwood Road and described as part of Section, Block and Lot Number 173.19-1-34, and
WHEREAS, construction of such water pump station will improve water service in the Town of Orchard Park,
NOW THEREFORE, be it
RESOLVED, that the Orchard Park Town Supervisor is hereby authorized to execute a deed conveying the land referred to above and which is further described in the copy of the Deed which is attached hereto and made part hereof, to the Erie County Water Authority.
Aye Nay
D.J. Mill X
J.J. Mills X
P.D. Barnas X
D.M. Buyer X
N.W. Ackerman absent
THE RESOLUTION WAS DULY ADOPTED.
New Business #1, 2, 3 & 4 - Refer to the Planning Board.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY, COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board, the following items as entered on the agenda:
1) Peter L. Krog, 40 Centre Drive, Orchard Park New York:
Requesting a Building Permit to construct a 5,000 sq.ft. structure.
2) Franklin Jones, S3649 Southwestern Blvd., Orchard Park New York, Zoned R-3:
Requesting to Re-zone his residency from R-3 to B-2.
3) Fun & Games Park, 3383 Southwestern Blvd., Orchard Park New York, Zoned B-2 and R-2:
Requesting a Building Permit to construct an 800 sq.ft. structure.
4) Stuart Alexander & Associates, 2766 Angle Road, Orchard Park New York, Zoned R-3:
Requesting to Re-zone property located at 2766 Angle Road from R-3 to SR.
Aye Nay
D.J. Mill X
J.J. Mills X
P.D. Barnas X
D.M. Buyer X
N.W. Ackerman absent
THE RESOLUTION WAS DULY ADOPTED.
New Business #5 - Mr. & Mrs. James Baetzhold, requesting a “NO PARKING SIGN”.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to refer to the Public Safety Committee the request from Mr. & Mrs. James Baetzhold, 68 Burmon Drive, Orchard Park New York, for a “No Parking Sign”, in front of their home.
Aye Nay
D.J. Mill X
J.J. Mills X
P.D. Barnas X
D.M. Buyer X
N.W. Ackerman absent
THE RESOLUTION WAS DULY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
6) 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 transfer of $ 3,700.00 from B.3620.000.100 to B.3620.000.419, as recommended by the Building Inspector.
Aye Nay
D.J. Mill X
J.J. Mills X
P.D. Barnas X
D.M. Buyer X
N.W. Ackerman absent
THE RESOLUTION WAS DULY ADOPTED.
At this time, Supervisor Mill stated the reason for the absence of the Building Inspector tonight,
Marvin Ginsberg, is he is attending at a Building Inspectors Training Seminar.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, on December 4, 1995, a final inspection was conducted on the Sanitary Sewer Improvement, as constructed under PIP #241, at Quaker Self Storage and all work has been completed and found acceptable with the exception of two (2) minor punch list items, and
WHEREAS, all the required easements and approvals have been received and a Maintenance Bond in the amount of $ 7,500.00 has been submitted as well as a check in the amount of $ 1,500.00 as cash security for the pavement and landscape work
NOW THEREFORE, be it
RESOLVED, that the Town Board be and is hereby authorizing the Town Attorney to proceed with the dedication of the Sanitary Sewer Improvement installed at Quaker Self Storage, under PIP #241, and be it further
RESOLVED, that the Town Board be and is hereby authorizing the Town Clerk to release the Performance Security in the amount of $ 1,500.00, 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 absent
THE RESOLUTION WAS DULY ADOPTED.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, on December 4, 1995, a final inspection was conducted on the Sanitary Sewer Extension, as constructed PIP #244, on Baker Road and all of the work has been completed, and
WHEREAS, the required approvals have been received and a Maintenance Bond in the amount of
$ 5,000.00 has been submitted
NOW THEREFORE, be it
RESOLVED, that the Town Board be and is hereby authorizing the Town Attorney to proceed with the dedication of the Sanitary Sewer Improvement installed under PIP #244, and be it further
RESOLVED, that the Town Board be and is hereby authorizing the Town Clerk to release the Performance Security in the amount of $ 1,000.00, 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 absent
THE RESOLUTION WAS DULY ADOPTED.
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 schedule a bid opening on Tuesday, December 19, 1995 at 11:00 AM. (local time) for the purpose of a 4 inch trailer-mounted sewage pump for the Sewer and Water Department, and be it further
RESOLVED, that the Town Clerk be and is hereby directed to publish due notice thereof.
Aye Nay
D. J. Mill X
J.J. Mills X
P.D. Barnas X
D.M. Buyer X
N.W. Ackerman absent
THE RESOLUTION WAS DULY ADOPTED.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to approve all entries on Warrant #23, following auditing by members of the Town Board in the funds indicated:
$ 434,220.23 General Fund
$ 6,313.14 Part Town Fund
$ 23,918.79 Highway Fund
$ 54,105.56 Special District Fund
$ 69,425.67 Trust & Agency Fund
$ 230,595.12 Capital Fund
$ 2,605.47 Risk Retention Fund
Aye Nay
D.J. Mill X
J.J. Mills X
P.D. Barnas X
D. M. Buyer X
N.W. Ackerman absent
THE RESOLUTION WAS DULY ADOPTED.
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 receive and file the communications as entered on the agenda: Erie County Water Authority: Assembly Bill #A4854A and Senate Bill #S2909A.
At this time the Supervisor stated that Assembly Bill #A4854A & Senate Bill #S2909A, if passed, will allow the Water Authority to buy less expensive power, that presently is a meager cost to the Water Authority. Supervisor Mill also stated this could have a very positive effect on the Community of Orchard Park, for, a tremendous amount of water is pumped to our Community and any savings will be applied back to the Town of Orchard Park..
Aye Nay
D.J. Mill X
J.J. Mills X
P.D. Barnas X
D. M. Buyer X
N.W. Ackerman absent
THE RESOLUTION WAS DULY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, Assembly Bill A4854A and Senate Bill S2909A were formally introduced in 1995 in the New York State Legislature to permit Water Authorities and Water Finance Authorities to buy power from the New York State Power Authority Fitzpatrick power plant, and
WHEREAS, the bill would enable the Power Authority to deliver its power over local utility transmission lines providing a substantial saving in expenses incurred by the Erie County Water Authority for electrical power,
NOW THEREFORE, be it
RESOLVED, copies of this Resolution be forwarded to the following members of the New York State Assembly and the New York State Senate listed on the attached schedule.
Aye Nay
D.J. Mill X
J.J. Mills X
P.D. Barnas X
D. M. Buyer X
N.W. Ackerman absent
THE RESOLUTION WAS DULY ADOPTED.
13) 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 receive and file the Building Inspectors’s Monthly Report and Building Permits for the month of November, 1995.
Aye Nay
D.J. Mill X
J.J. Mills X
P.D. Barnas X
D. M. Buyer X
N.W. Ackerman absent
THE RESOLUTION WAS DULY ADOPTED.
There being no further business before the Town Board, on motion of Councilman Barnas, seconded by Councilman Mills, the meeting was adjourned at 8:20 P.M., (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk