1995 4th Town 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 15th day of February, 1995 at 8:00 P.M. 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

Janis A. Colarusso Town Clerk

Leonard Berkowitz Town Attorney

Robert C. Henning Chief of Police

Michael R. Merritt Town Engineer

Robert W. Sweet Building Inspector

Ronald A. Geitter Highway Superintendent

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 BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 12/7/94,12/21/94, 1/4/95, 1/18/95, and 2/1/95 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 had previously received copies thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING

At 8:00 PM 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-1 to B-3 vacant land located at 6400 New Taylor Road for the purpose of a Day Care Center, as petitioned by E. F. Burke.

Affidavits of Publication and Posting of the Legal Notice 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

1. Edmund Burke, the Petitioner, presented his project and showed a rendering of his plans/site; letters and petitions of endorsement.

2. Marc Vogel, who will be actively involved in the center and already operates two different buildings, addressed the questions concerning the number of children (62) and the number of employees (8-10). The arrival time of the children is expected to be 7:00 - 8:45 AM and departure at 4:45 - 5:45 PM. There was some question about an easement for parking in the shopping plaza. He further stated that the Center would have National Accreditation.

Councilman Buyer stated he would like some response to the parking situation before a decision is made.

Supervisor Mill filed a petition from area residents and a letter from a resident at 6425 New Taylor Road, both voicing support of the project, with the Town Clerk.

OPPONENTS

No one spoke.

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

RESOLVED that the public hearing in the matter of the rezoning petition of E.F. Burke be and is hereby closed at 8:12 PM EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill stated a decision would not be made until our next public meeting.

New Business #1 - Approve Stable Permit, Johnny Chapman Training Stable, Inc.

2) 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 the Johnny Chapman Training Stable, Inc., 5999 South Abbott Road, Public Stable Permit #2-1995.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Street Light Proposal, Orchard Meadows Subdv.

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

RESOLVED that the Town Board be and is hereby authorized to approve the following New York State Electric & Gas Corp. street lighting proposal for Orchard Meadows Subdv., Part 8 Phase 7 and as recommended by the Town Engineer:

Peppermill Road

Install 6 -3300 PT lumen HPS lamps @ $111.59/each = $669.54

STD. 1 thru 6

TOTAL ANNUAL INCREASE = $669.54

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business (not on agenda) - Vistula Ave. Street Light proposal.

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

RESOLVED that the Town Board be and is hereby authorized to approve the following New York State Electric & Gas Corp. Street lighting proposal for Vistula Avenue and as recommended by the Town Engineer:

Pole 18, Line 844

Install 1-8500 lumen (100W) High Pressure Sodium Cobra Head

TOTAL ANNUAL INCREASE = $127.17

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - N.Y.S. Town Clerk’s Assoc. Conference.

5) 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 approve request of the Town Clerk to attend the New York State Town Clerk’s Association Annual Conference on April 22nd - 26th, 1995 in Syracuse, New York.

RESOLUTION WAS UNANIMOUSLY ADOPTED.

DEPARTMENT HEADS

Supervisor Mill stated he had a communication from Personal Transport Concepts, who are the people proposing to purchase the rail line between Orchard Park and Ashford Junction as a passenger/freight line. Both the Buffalo Pittsburgh Railroad and Personal Transport Concepts seem optimistic about this proposal. The Historical Society is very concerned regarding the possible abandonment of this rail line as well as the neighboring communities south of us. We will keep everyone informed on events in this matter as they progress. In response to Councilman Buyer’s question concerning the Interstate Commerce Commission, yes, Personal Transport Concepts would have to apply to the I.C.C. to operate the rail line.

Councilman Barnas reported on a meeting of the Garbage Committee. We are in the process of getting our contracts ready. We will be going over bid specifications in preparation of letting out for bids on rubbish and recyclables.

Councilwoman Ackerman reported on the recycling aspect of the garbage contract. B.F.I. who has both the Town and Village contract has suggested some additional items that can be recycled. Our contract currently says that any items that can economically be recycled must be reported to the Town by the collector. One of those items is going to be wax coated paper cartons. B.F.I. will run an ad in our Pennysaver which will include the Towns of Boston and Orchard Park. The Village is in agreement with this and would also like to participate in this program. Also, to clarify our garbage contract, we as many other communities, are looking for a five year term contract. The Village fiscal year is different from ours which is why we are not bidding at the same time. There are also a few other differences such as the number of items to be picked up etc.

6) 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 schedule a Public Hearing on March 15, 1995 at 8:00 P.M. EST concerning the proposal to accept a conservation easement on property located at 5496 Ellicott Road and to authorize the Town Assessor to determine the valuation of the property taking into account the limitation on the future use of the land imposed by such conservation easement consisting of approximately 10 acres zoned agriculture. The owner of record is Lawrence P. Bochen, 5196 Ellicott Road, Orchard Park, New York, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

7) 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 adopt the order establishing a 20 ton weight limit on the culverts crossing Lawrence Place tributary to Smokes Creek.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8) 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 approve the request from the Highway Superintendent to advertise for bids for “Road Building Material” on February 28, 1995 at 11:00 A.M. at the Highway Garage, Taylor Road.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

9) 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 approval all entries on Warrant #4, following auditing by members of the Town Board and in the funds indicated:

Warrant #4

GENERAL FUND $ 68,686.06

PART TOWN FUND $ 617.81

HIGHWAY FUND $ 11.666.14

SPECIAL DISTRICTS FUND $402,864.92

TRUST & AGENCY FUND $886,825.05

CAPITAL FUND $ 2,239.98

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

10) 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 following communications as entered on the agenda:

1. Notice from People Inc. RE: location if Group Home at 16 Rolling Hills Drive.

2. People Service to the Developmentally Disabled: Information Meeting to be held Wednesday February 22, 1995, from 7:00 P.M. to 8:30 P.M. at the Orchard Park Municipal Center, 4295 South Buffalo Street. Discussion will be the development of a Group Home at 16 Rolling Hills Drive, Orchard Park, New York.

3. John Fithian, 6425 New Taylor Road, Orchard Park, New York: Would like to go on record as being in favor of the improvement of the Orchard Park Child Care Center’s zoning request of B-1 to B-3.

Before the vote was taken there was discussion by Members of the Town Board regarding the Group Home Notice: the time frame of the 40 day period begins as of the date received stamp on the notice. The Town is merely providing the meeting area for the Peoples Inc. information meeting.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

The Following spoke concerning the intent of People Inc. To place a Group Home at 16 Rolling Hills Drive:

1. Mary Schober, 19 Rolling Hills Drive

2. Carol Nowicki, 33 Rolling Hills Drive

3. Margaret Muffley, 24 Rolling Hills Drive

4. Robert Muffley, 24 Rolling Hills Drive

5. Tom Schober, 19 Rolling Hills Drive

6. Marie Bogner, 20 Rolling Hills Drive

7. Alex Nicoloff, 6907 Cole Road

8. Dave Kosanovich, 19 Regalwood Drive

9. Tony Eberhardt, 15 Rolling Hills Drive

There being no further business before the Town Board, on motion of Councilman Barnas seconded by Councilwoman Ackerman the meeting was adjourned at 9:40 P.M. EST.

UNANIMOUSLY ADOPTED

Respectfully submitted

Janis A. Colarusso

Town Clerk