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 4th day of January, 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
ABSENT: Ronald A. Geitter Supt. of Highways
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
1) 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 held on 11/16/94, 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.
Old Business #1 Reaffirm Agreement for O.P. Senior Citizens Center.
2) 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 reaffirm the agreement between TVGA Engineering, Surveying, P.C., for the property located at 70 Linwood Avenue, and
RESOLVED, that the Supervisor of the Town of Orchard Park is hereby authorized to execute the agreement between TVGA Engineering, Surveying, P.C., and the Town of Orchard Park accepting the counter-proposal to purchase the premises commonly known as 70 Linwood Avenue for the sum of $320,000.00.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 Release of Escrow for Street Lighting.
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 Th release the $7,500.00 cash security for street lighting in the Lakeridge North Subdivision under PIP #232 as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - Stop signs to be erected in the Municipal Center Parking Lot.
4) 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 direct the Town Attorney to send a letter to the Village of Orchard Park requesting three (3) stop signs be erected in the Municipal Center Parking Lot, in the following locations as recommended by the Chief of Police and Town Engineer:
1. One to be erected to face northbound traffic exiting the south parking lot before entering the main park lot or the main driveway.
2. One to be erected to face southbound traffic exiting the main parking lot before entering the main driveway at the rear of the Police Headquarters.
3. One to be erected to face northbound traffic exiting the main parking lot and entering the Fleet Bank driveway.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - Conservation Easement for 5196 Ellicott Road.
5) 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 refer to the Conservation Board the request from Lawrence P. Bochen of 5196 Ellicott Road for a Conservation Easement for ten (10) acres of vacant land located on the South side of 5196 Ellicott Road.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - Approve Appointments for Clerks to the Town Justice.
6) 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 appointments for Elizabeth Dunning and Gloria McFadden as Clerks to the Town Justice for the year 1995.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - Authorize Supervisor To Sign Agreement..
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Town Supervisor to sign the agreement with Sarah K. DesJardins for Town Planning Board Coordinator.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - Approve Appointment for Deputy Receiver of Taxes.
8) 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 approve the appointment for Jean Wakeman as Deputy Receiver of Taxes for the year 1995.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #6 - NYS Real Property Law, Chapter #987(1).
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, Chapter 440 of the New York Real Property Law makes it mandatory for Tax Collector to send a late notice to delinquent property, and
WHEREAS, Chapter 987(1) of the New York Real Property Law of 1994 allows Towns to set the amount of the late charge up to $2.00
NOW, THEREFORE, BE IT
RESOLVED, that pursuant to Chapter 987(1) of the Real Property Law the Town of Orchard Park is hereby authorized to impose a $2.00 service charge to cover the expense of mailing out the notice of delinquency to the tax payers.
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 Chief of Police:
$800.00 from A3120.000.225 to A3120.000.215
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
DEPARTMENT HEADS
Councilwoman Ackerman reported that in 1994 the Town Municipal Building recycled 5,527 pounds of paper in the recycling program.
11) 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 request from the Building Inspector and two (2) Employees of his Department to attend the 1995 Building Inspectors Seminar to be held at the Buffalo Marriott Hotel on February 6th, 7th, and 8th at Town expense.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) 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 approve all entries on Warrant #1, following auditing by members of the Town Board and in the funds indicated:
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) 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 approve all entries on Warrant #1, following auditing by members of the Town Board and in the funds indicated:
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) 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 receive and file the following communication; New York State Department of Transportation Annual Report for the year 1993 as entered on the agenda.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Tom Burke, 3371 Baker Road, Orchard Park, NY., Mr. Burke spoke on behalf of the residents in his area about the Group Home that is located on Baker Road. Mr. Burke stated that he and the residents in his area never were notified that the Group Home was going to be located on Baker Road. Supervisor Mill stated that all properties that border the Group Home property are notified, all other notification comes from the State Department for Group Home Placement and all Official Newspapers. Councilman Buyer stated to Mr. Burke that before the Powers Road Group Home placement was suggested, there had never been a problem with the residents in the surrounding area. Supervisor Mill stated that since the Powers Road incident, Group Home placement in Orchard Park will be turned down by the Town Board of Orchard Park. Councilwoman Ackerman stated that placement Group Homes starts at the top. The top are your Legislatures, Assemblymen, even the Governor and it is the State’s responsibility when it comes to placement for Group Homes.
Paul Young, 266 Highland Avenue, Orchard Park NY., Mr. Young inquired about the Village Boards Meetings.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilman Buyer the meeting was adjourned at 8:26 P.M. EST.
UNANIMOUSLY ADOPTED
Respectfully Submitted
Janis A. Colarusso
Orchard Park Town Clerk