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 17th day of May, 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

Paul D. Barnas               Councilman

David M. Buyer               Councilman

Nancy W. Ackerman      Councilwoman

Janis A. Colarusso          Town Clerk

 

      ABSENT:                John J. Mills                  Councilman

 

Supervisor Mill indicated that Councilman Mills was out of Town on business.

 

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

 

RESOLVED, that the minutes of the Regular Meeting of the Town Board, held on 4/19/95 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                                  absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

PUBLIC HEARING

 

At 8:00 P.M. EDT, the advertised time, the Supervisor called for the Joint Public Hearing for the Town of Orchard Park and the Village of Orchard Park, to hear all interested parties and citizens in the Town and Village of Orchard Park in the matter of the review of the Cable - TV Franchise.

 

The following members of the Village Board were present:

 

Patricia A. Dickman                    Mayor                          

Thomas A. Morrow                    Trustee

Steven P. McCarville                  Trustee

Evelyn A. Weber                        Trustee

 

ABSENT:          Andrew C. Hilton, III                  Trustee

 

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.

 

Mr. Mark Alford, a representative from Jones Intercable,  reviewed the submitted bid including rates to  customers,  areas  to  be  serviced,  programs  available  and  rate of  revenue  return to the Town. 

Mr. Alford also explained one added condition added to the Cable Agreement this year for the first time.  All Senior Citizens 65 years of age and over will receive 10% off for installation, 10% off for Limited Basic and 10% off for Basic Plus.

 

SPEAKERS FROM THE PUBLIC:

 

John J. Zuraf, 16 West Royal Hill Drive, Orchard Park New York 14127  -  Mr. Zuraf expressed his views and experiences with Cable TV, and there was discussion with Mark Alford and Councilman Buyer. 

 

 

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 review of the Cable - TV Franchise for the Town and Village of Orchard Park be and is hereby closed at 8:25 P.M. EDT.


Aye     Nay

D.J. Mill                                      X

J.J. Mills                                 absent

P.D. Barnas                                 X

D.M. Buyer                                 X

N.W. Ackerman               X

 

                        P.A. Dickman                              X

                        T.A. Morrow                               X

S.P. McCarville                            X

A.C. Hilton, III                         absent

E.A. Weber                                  X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

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

 

WHEREAS, Cable TV Fund 11-B, LTD., a Colorado limited partnership doing business as Jones Intercable Inc., (hereinafter called “Franchisee”, wishes to construct, maintain and operate a cable television system in Orchard Park, and

 

WHEREAS, the construction, maintenance and operation of said cable television system involves the use and occupation by Franchisee of the street, thoroughfares and other public rights-of-way belonging to Orchard Park, and

 

WHEREAS, the technical ability, financial condition and character of Franchisee and its principals have been considered by the Town Board of Orchard Park and the Village Board of Orchard Park, and

 

WHEREAS, the instant Franchise Agreement complies with the franchise standards required by the New York State Commission of Cable Television and the Federal Communications Commission;

 

NOW THEREFORE, be it

 

RESOLVED, that the Town Board does hereby enter into a Franchise Agreement between the Incorporated Town of Orchard Park and Village of Orchard Park and Cable TV Fund 11-B, LTD., a Colorado limited partnership doing business as Jones Intercable Inc, and be it further

 

RESOLVED, that the Town Board does hereby authorize the Town Supervisor or other designated representative of the Town Board to execute said instant Franchise Agreement.

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

4) THE FOLLOWING RESOLUTION WAS OFFERED BY MAYOR DICKMAN, WHO MOVED ITS ADOPTION, SECONDED BY TRUSTEE WEBER, TO WIT:

 

RESOLVED, that the Village Board does hereby enter into a Franchise Agreement between the Incorporated Village of Orchard Park and Town of Orchard Park and Cable TV Fund 11-B, LTD., a Colorado limited partnership doing business as Jones Intercable Inc, and be it further

 

RESOLVED, that the Village Board does hereby authorize the Village Mayor or other designated representative of the Village Board to execute said instant Franchise Agreement.

Aye    Nay

P.A. Dickman                              X

T.A. Morrow                               X

S.P. McCarville                            X

A.C. Hilton, III                           absent

E.A. Weber                                  X

 

THE RESOLUTION WAS DULY ADOPTED.

 


At this time the Orchard Park Village Board stepped down from the Joint Public Hearing and the Town Board Meeting resumed with  the following Department Heads taking their seats: Town Attorney Leonard Berkowitz, Town Engineer Michael Merritt, Police Chief Robert Henning and Highway Superintendent Ronald Geitter. The Building Inspectors position has not been filled at this time.

 

 

Old Business #1 - Orchard Park Commerce Center/Final Environmental Impact Statement

 

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

 

WHEREAS, the Orchard Park Commerce Center has submitted a final Environmental Statement with regard to the project known as the Orchard Park Commerce Center, located at the intersection of Southwestern Boulevard and Miles trip Road in the Town of Orchard Park, and

 

WHEREAS, the final environmental Impact Statement is in acceptable form to this Town Board, the Lead Agency

 

NOW, THEREFORE, be it

 

RESOLVED, that the final Environmental Impact Statement for the Orchard Park Commerce Center project is hereby accepted by this Town Board.

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

Old Business #3 - Award Bid for the Sewer/Water Department

 

6) 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 award the bid for the Sewer & Water Department, one new 1995 Four Wheel Drive Turbo Charged Loader/Backhoe, with extendable dipper stick and 4 in 1 front bucket to: Monroe Tractor, 5035 Genesee Street, Buffalo New York, in the amount of $ 45,312.00, with trade, as recommended by the Town Engineer.

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

New Business not on the agenda-Budget transfer for Sewer/Water Department.

 

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 transfer $ 33,000.00, within the Sewer/Water Department from account #001.8345.000.902 (Transfers for Capital Reserve for Equipment), to #H27.5031.270.000 (Capital Reserve Account).

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 


Old Business #4 - Diversified Control, Inc., requesting a building permit.

 

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 approve the request from Diversified Control, Inc., 3333 California Road, Zoned I-1, for a building permit to construct an 18,000 sq. ft. building next to an existing building with the following stipulations, as recommended by the Planning Board.

 

1. This is an Unlisted action based on the submission of the Long EAF, Parts 1 and 2, and a Negative declaration is recommended.

 

2. A landscape completion bond of $ 1,250.00 is required for this project. However, a $ 600.00 landscape completion bond is being held by the Town for the addition to the original building, which was approved on 10/20/93. Therefore, the Town will continue to hold the $ 600.00 and require that the petitioner pay the additional $ 650.00.

 

3. The fire hydrant which was not installed with the original building construction shall be in place before a certificate of Occupancy is issued for the new building.

 

4. A lighting plan shall be submitted to the Planning Board for its recommendation to the Town Board.

 

5. A.D.A. code references will be addressed.

Aye     Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

New Business #1 - Quaker Marching Band/Request permission to conduct a bottle drive.

 

9) 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 request from the Quaker Marching Band Boosters, to conduct a bottle drive, (5 cent returnable bottles), to benefit the Orchard Park High School Marching Band, Saturday, June 10, 1995, rain or shine.

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

New Business #2 & Old Business #2 - Referrals  to the Planning Board.

 

10) 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 refer to the Planning Board and the Conservation Board the following requests:

 

1. Daniel’s Chevrolet, Southwestern Boulevard @ Breem Road. Site Plan Review CS ARCH Project No. #94115.

2. Hilltowne Park Cluster, vacant land south of Armor Duells Road and east of Murphy Road, west of Route 219, Zoned R-2.      Requesting rezoning from R-2 to R-2 Cluster Development.

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 


THE RESOLUTION WAS DULY ADOPTED.

 

 

New Business #3 - Orchard Park Central School/Request the use of voting machines.

 

11) 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 the Orchard Park Central School District, for the use of ten (10) voting machines, for the Annual Budget Vote, Wednesday, June 7, 1995.

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

 

New Business #4 - Recreation Department summer staff appointments.

 

12) 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 following resident appointments for the 1995 Summer Recreation Staff, as recommended by the Recreation Director:

 

Jay Runte, 13 Kent Drive (19)                             Canoe Inst.                    $ 4.85               30 hrs

Michelle Nigon, 27 Fox Meadow (17)                   Grd.                              $ 4.85               30 hrs

Elizabeth Heppner, 25 Colony Drive (21)   Grd.                              $ 4.85                 4 hrs

Rebecca Berkowitz, 94 Jolls Lane (17)                 Aide                              $ 4.60               30 hrs

Kim Wellington, 6851 Scherff (19)                       Aide                              $ 4.60               30 hrs

Pam Martin, 6146 Powers (17)                            Grd.                              $ 4.85               30 hrs

Bill Roberts, 25 Fir Top (19)                                Aide                              $ 4.60               30 hrs

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

 

New Business not on the agenda-summer appointment for Municipal Center.

 

13) 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 appointment of Eric Wellington, 6851 Scherff Road, Orchard Park New York, for the 1995 Summer Employee to work at the Orchard Park Municipal Center, S4295 South Buffalo Street, starting date June 5, 1995.

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 


14) 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 authorize to report 1.25 days per month (10 hours), to the New York State Retirement System for the Orchard Park Bingo Inspector working days per month.

 

Before the vote was taken Supervisor Mill stated that this report of 1.25 days per month  (10 hours) has to be reported to the State of New York for the Orchard Park Bingo Inspector. The Inspector  is entitled to have this time applied to the state retirement system.

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

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

 

RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the 1995 Erie County STOP-D.W.I. Program Agreement, as recommended by the Town Attorney.

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

16) 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 transfer $ 5,000.00 from A.1910.000.480 (Contingent), to A.7110.000.423 (Water), for all funding and water bills at the Orchard Park Ball Diamond on California Road.

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

17) 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 do an inner department transfer of  $ 1,500.00 from A.1410.000.460 (Codification of Ordinances),  to A.1410.000.200 (Equipment), to purchase  PC/Computer Equipment for the Town Clerk’s Office.

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 


Elected Officials & Department Heads

 

Councilman Barnas stated that the reconstruction of the ball diamonds on California Road are beautiful. He thanked the Highway Department and the Engineering Department for all the hard work they put into it.  He also thanked the Orchard Park Little League for donating all fences in the park and for running all concession stands, which will bring in monies towards the funding of the park.

 

Supervisor Mill asked Highway Superintendent Ronald Geitter if  there will be opening ceremonies for the ball park.  Mr. Geitter commented that there are opening ceremonies scheduled for June 2nd, but at this time nothing has been confirmed.  Mr. Geitter  also stated, as soon as this date or any other date is confirmed, it will be announced.

 

 

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

 

WHEREAS, New York State Electric & Gas Corporation submitted a proposal for the installation of decorative street light fixtures for five occupied homes along Alexander Way and Hedge Row in the Armor Woods Subdivision, with three additional homes under construction, which warrants installation for street light fixtures, and

 

WHEREAS, the 3300 Lumen H.P.S. lamp fixtures, which will be owned and maintained by NYSEG, are to be placed on top of aluminum posts which were installed by the developer under P.I.P. #227,  and the decorative standards, along with the underground wiring, are owned and maintained by the Town of Orchard Park, and

 

WHEREAS, the proposal call for eleven (11) fixtures, to be installed at an annual charge of $ 111.59 each and will result in an annual increase electrical charge of $ 1,227.49 to the Town’s Consolidated Light District, and

 

WHEREAS, New York State Electric & Gas proposal will also install a 8500 Lumen H.P.S. laminar at the corner of Armor Road and Alexander Way, and this fixture will be installed on a wooden pole that the developer will install and will be owned by the town, and

 

WHEREAS, the installation of this light will result in an annual increase of $ 127.17 to the Town’s Consolidated Light District

 

NOW, THEREFORE, be it

 

RESOLVED, that the Town Board approve the street light proposal from New York State Electric & Gas, dated 5/1/95 and 5/15/95, for the Armor Woods Subdivision, as recommended by the Town Engineer.

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

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

 

WHEREAS, the Defense Base Reduction and Closure Commission included the Niagara Falls Air Reserve Base in the federal government’s latest round of base closings, and

 

WHEREAS, $70 million has been invested in the Niagara Falls base over the last ten years to maintain operational readiness, and

 

WHEREAS, in addition, to the 2,500 military personnel, the base employees about 800 civilians and generates an economic impact of about $125 million a year, and

 

WHEREAS, 60 percent of those employed by the base reside in Erie County, and

 

WHEREAS, four of the other six facilities suggested for closure are close to another C-130 base, making closings there less painful in terms of reservists serving their county, but the Niagara Falls base is not within commuting distance of another C-130 base , and

 

WHEREAS, the base was utilized for the Gulf War including C-130 Hercules transport planes, Air Refueling planes, and skilled reservists,

 


NOW, THEREFORE, be it

 

RESOLVED, that this Town Board goes on record in opposition of closing the Niagara Falls Air Reserve Base, and be it further

 

RESOLVED, that copies of this resolution be forward to President Bill Clinton, United States Senator Alfonse M. D’Amato, United States Senator Daniel P. Moynihan, Secretary of Defense William Perry, United States Congressman John J. LaFalce, United States Congressman Bill Paxon,  and United States Congressman Jack Quinn.

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

 

20) 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, under the provisions of the New York State Personal Property Law, to schedule a public auction for June 10, 1995 at 9:00 A.M. EDT, for the purpose of unclaimed bicycles and other items, the Orchard Park Police Department has acquired during the past year, as recommended by the Police Chief.

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

 

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

 

WHEREAS, the Town of Orchard Park has received from Falcon Land Corporation an application for a Public Improvement Permit to construct Phase 1 of The Summit at Scherff Subdivision, and

 

WHEREAS, the proposed phase consists of 17 sub lots which are served by 2,380 L.F. of  roadway and utilities, and

 

WHEREAS, the work also includes the installation of approximately 1,110 L.F. of sanitary sewer along Scherff Road to serve the subdivision and 4 other parcels which are included in the newly formed Sanitary Sewer District #20, and

 

WHEREAS, the plans and specifications for the proposed subdivision are in compliance with the current Town specifications and all necessary fees and bonds have been submitted

 

NOW, THEREFORE, be it

 

RESOLVED, that the Town Board be and hereby authorize to approve Public Improvement Permit #239, The Summit at Scarf Subdivision, as recommended by the Town Engineer

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

 

 


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

 

WHEREAS, the Town of Orchard Park has received a letter of proposal from DiDonato Associates, P.C., to perform inspection services during construction of the public improvements on The Summit at Scarf, Phase I, and

 

WHEREAS, the proposal calls for the consultant to provide on-site inspection when required at a maximum billing rate of $ 36.00 per hour which includes overhead and profit, and

 

WHEREAS, the developer has paid inspection fees in the amount of $26,350, which will cover the cost of consultant services

 

NOW, THEREFORE, be it

 

RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the agreement with DiDonato Associates, P.C., 3121 Clinton Street, Buffalo New York, for consultant inspection services on P.I.P. #239, as recommended by the Town Engineer

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

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

 

WHEREAS, the Town of Orchard Park has received an application from Forbes Home for a Public Improvement Permit to construct the Brompton Woods Subdivision, and

 

WHEREAS,  the  proposed phase  consists of 18 sub lots which are  served by 1,200 L.F. of  roadway  and  utilities, and

 

WHEREAS,  the work also includes the expansion of the existing Town-owned detention basin for the Eagle Heights West Subdivision to accommodate the additional storm water, and

 

WHEREAS, the plans and specifications for the proposed subdivision are in compliance with the current Town specifications and all necessary fees and bonds have been submitted

 

NOW, THEREFORE, be it

 

RESOLVED, that the Town Board be and hereby authorize to approve Public Improvement Permit #240, Brompton Woods, as recommended by the Town Engineer

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

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

 

WHEREAS, the Town of Orchard Park has received a letter of proposal from Krehbiel Associates, to perform inspection services during construction of the public improvements on the Brompton Woods Subdivision, and

 

WHEREAS, the proposal calls for the consultant to provide on-site inspection when required at a maximum billing rate of $ 38.67 per hour which includes overhead and profit, and

 

WHEREAS, the developer has paid inspection fees in the amount of $ 13,750.00, which will cover the cost of consultant services

 

NOW, THEREFORE, be it

 


RESOLVED, that the Town Board be and is hereby authorize the Supervisor to execute the agreement with Krehbiel Associates, 1870 Niagara Falls Blvd., for consultant inspection services on P.I.P. #240, as recommended by the Town Engineer

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

25) 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 all entries on Warrant #10, following auditing by members of the Town Board and in the funds indicated:

 

Warrant #10

 

    General Fund             $   87,369.01

Part Town Fund $     1,448.54

                          Highway Fund             $   26,990.02

   Special Districts Fund              $ 558,539.92

                Trust & Agency Fund             $   34,319.60

      Risk Retention Fund             $     2,000.00                

 

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

 

26) 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 report as entered on the agenda: Orchard Park Police Department monthly report for April, 1995.

Aye    Nay

D.J. Mill                                       X

J.J. Mills                                   absent

P.D. Barnas                                  X

D.M. Buyer                                  X

N.W. Ackerman                X

 

THE RESOLUTION WAS DULY ADOPTED.

 

Business From The Floor

 

Joseph Eppolito, Area Realty Associates, 3085 Southwestern Blvd., Orchard Park New York 14127; Commented on the upcoming  Building Inspectors position.

 

There being no further business before the Town Board, on motion of Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:55 P.M. EST.

Unanimously Adopted

 

Respectfully submitted

 

 

Janis A. Colarusso

Town Clerk of Orchard Park