1995 17th 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 6th day of September 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

Nancy W. Ackerman Councilwoman

Janis A. Colarusso Town Clerk

Leonard Berkowitz Town Attorney

Marvin Ginsberg Building Inspector

Robert C. Henning Chief of Police

Michael R. Merritt Town Engineer

ABSENT: Ronald A. Geitter Superintendent of Highways

Old Business #1 - Capelli’s Pizza, 3643 North Buffalo Street, Zoned B-3.

1) 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 Capelli’s Pizza, 3643 North Buffalo Street, Zoned B-3, for a building permit to construct a 1,159 sq.ft. addition to an existing building. The Planning Board, 8/23/95, 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. 2) The allowed parking shall be noted as 16 (sixteen) provided, 19 (nineteen) required, with the provision that allows the petitioner to use 9 (nine) foot parking spaces along the east parking area. 3) The dumpster shall be located within the enclosed screened area. 4) A Landscape Completion Bond of $ 250.00 prior to a Building Permit being issued is required.

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 - Community Development Block Grant Funds.

2) 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 direct the Supervisor to execute the amended agreement between the Town of Orchard Park and the County of Erie allowing the Community Development Block Grant Funds to be transferred for use on the TVGA Building, as recommended by the Town Attorney.

Before the vote was taken, Supervisor Mill explained the allocation of these grant monies that were intended to assist in the Senior Citizen Activity Center, which were originally earmarked for the Annex Building, then for Duerr Road and now finally for the TVGA Building.

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 - Easement Agreement between Pierce Hardy Limited Partnership, John F. Ruh, Maritza Ruh and the Town of Orchard Park.

3) 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 direct the Supervisor to execute the Easement Agreement made as of the 26th day of June, 1995, by and between Pierce Hardy Limited Partnership, John F. Ruh and Maritza Ruh, 124 Meadow Road, Orchard Park, New York 14127, and the Town of Orchard Park, a Municipal Corporation, S4295 South Buffalo Street, Orchard Park, New York, for installation of sewer lines to service the storage facility being constructed by John F. Ruh.

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 #1 - Proclamation for Orchard Park Chamber of Commerce.

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

WHEREAS, the Orchard Park Chamber of Commerce brings together the most concerned organizations, businesses and individuals in this community, and

WHEREAS, the Chamber provides leadership to essential community-wide projects, programs and events, and

WHEREAS, the Town of Orchard Park works in unison with the Chamber to provide a much needed link between the public and private sectors, and

WHEREAS, the Chamber of Commerce represents this locality and region and its interests before State and Federal Government bodies, and

WHEREAS, the image and reputation of the entire region are enhanced by the promotional efforts of the Chamber of Commerce, and

WHEREAS, the Chamber plays a vital role in planning for the future of this community,

NOW THEREFORE, be it

RESOLVED, that it is the official position of the Town Of Orchard Park to cooperate with and encourage the efforts of the Chamber of Commerce and its many programs that benefit this area, and

That we join with Governor George Pataki, the New York State Legislature, The Business Council, the New York State Chamber of Commerce Executives and scores of individuals counties, cities and towns in declaring the week of September 17th - 23rd as Chamber of Commerce Week in 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 X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Recreation Department 1995-1996 Fall/Winter/Spring Staff Appointments.

5) 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 Address Pos. Rate Hrs

Paul Kostelny 6440 E. Webster Dir. $ 5.35 -

Joe Huber 6680 Gartman Dir. $ 5.35 -

Bill Cuddihy 111 Vistula Grd. $ 5.35 -

Justin Abel 220 Forest Dir $ 5.35 -

Sara Wiencek 6344 Milestrip Grd. $ 5.35 -

James Gibson 1 Pinewood Dir. $ 5.35 -

Pamela Martin 6146 Powers Grd. $ 5.35 -

Kim Poplawski 17 Ventura Dir. $ 5.35 -

Bob Wellington 6711 Jewett Holmwood Sub/Dir. $ 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.

New Business #3, 4 & 5 - Referrals 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: 3) Orchard Park Community Church, 7451 East Quaker Road, across from Braunview Estates, Zoned R-1. Requesting a Building Permit to build a 5,000 sq.ft. Sanctuary and Christian Education Building. 4) IMC Moog Controls, Inc., vacant land in the new Orchard park Commerce Center, north of Milestrip Road, Zoned I-1. Requesting a Building Permit to construct a 102,880 sq.ft. facility, and 5) Windom Development Company, 3660 California Road. Requesting a Building Permit to construct a 102,880 sq.ft. facility.

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 #6 - Appointment of Sole Assessor/ A. Terrance Campbell.

7) 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 reappointment of A. Terrance Campbell, for a six (6) year term, as Sole Assessor for the Town of Orchard Park, effective October 1, 1995 to September 30, 2001.

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 #7 - Town Assessor’s Annual Meeting

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 request from the Town Assessor to attend the Annual New York State Assessors Association Conference to be held in Niagara Fall, New York, October 8th - October 11, 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.

New Business #8 - Appointment of Linda Daniels, Board of Assessment Review.

9) 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 appointment of Linda Daniels, Board of Assessment Review, for a five (5) year term, effective October 1, 1995 - to September 30, 2000.

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 #9 - Schedule Public Hearing for Town Zoning Ordinance.

10) 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 schedule a Public Hearing, Wednesday, October 4, 1995, at 8:00 P.M., (local time), to consider changes to the Town Zoning Ordinance to allow for additional Zone of Senior Residential Development, and be it further

RESOLVED, 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 X

Old Business #10 - Five (5) Year Snow Plowing Agreement.

11) 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 direct the Supervisor to execute the agreement for the new five (5) year Snow Plowing Agreement, between the Town of Orchard Park and the Erie County Department of Public Works, at the increases so stipulated, as recommended by the Supervisors and Highway Superintendents in Erie County.

The Five-Year offer for the subject contract as follows:

1995-1996 $ 60.00 increase new rate $ 1,555.00

1996-1997 $ 60.00 increase new rate $ 1,615.00

1997-1998 $ 65.00 increase new rate $ 1,680.00

1998-1999 $ 70.00 increase new rate $ 1,750.00

1999-2000 $ 70.00 increase new rate $ 1,820.00

Before the vote was taken, Supervisor Mill stated that a committee was formed, which included the Supervisors and Highway Superintendents, who met with Erie County Department of Public Works, to finally resolve a (new) five year contract that provides for additional monies that will be payed to the Towns for Per-Lane Mile Rates. The Committee believes it is a fair contract for all of the Towns in Erie County.

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 #11 - Approval of PIP #241, Quaker Self Storage Sanitary Sewer Extension.

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

WHEREAS, an application has been submitted by John F. Ruh for a Public Improvement Permit to construct a sanitary sewer extension to serve the Quaker Self Storage facility at Route 20A and Taylor Road, and

WHEREAS, the project consists of the installation of 273 L.F. of 8' sanitary sewer and two (2) manholes on an easement, and

WHEREAS, the Engineering Department has reviewed the plans and specifications for the proposed sanitary sewer extension and have found them to be in compliance with current Town specifications, and

WHEREAS, all necessary fees and bonds have been submitted

NOW THEREFORE, be it

RESOLVED, that the Town Board be and is hereby authorized to approve Public Improvement Permit #241, contingent on the execution of the required easement, as recommended by the Town Engineer.

Aye Nay

ELECTED OFFICIALS & DEPARTMENT HEADS

13) 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 schedule a combined Public Hearing in the matter of the Preliminary Budget to the Benefit Basic Special District and the Preliminary Ad Valorem Budget for the year 1996, October 18, 1995, at 8:00 P.M., (local time), 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 X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to schedule a Public Hearing for citizens input regarding the use of 1996-1997 Federal Community Development Funds, October 4, 1995, at 8:00 P.M., (local time), 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 X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

15) 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 approve the following transfers as recommended by the Chief of Police.

$ 3,000.00 from A.3120.000.475 to A.3120.000.225

$ 3,000.00 from A.3120.000.451 to A.3120.000.225

Before the vote was taken, Supervisor Mill stated these monies where to be in place for the purchase of a new K-9 Dog for the Police Department.

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.

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 approve the following transfer for, construction on the sewer line for Sewer District #14, for St. John Vianney, as recommended by the Auditor.

$ 22,000.00 - From: 514.559.0 / Appropiated Fund Balance

To: 514.8120.000.494 / Special Repairs

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.

17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION SECONDED BY COUNCILMAN BARNAS, TO WIT:

RESOLVED, the Town Board be and is hereby authorized to direct the Supervisor to execute the Letter of Agreement with Advanced Storage Technology, Inc., 4043 Maple Road, Amherst New York, for plans and specifications for a wooden Salt Storage Building, 50 x 56 x 38 feet high, and be it further

RESOLVED, the wooden Salt Storage Building will be constructed at the Highway Department on South Taylor Road at a fee not to exceed $ 8,000.00, and be it further

RESOLVED, the Town Engineer is authorized to prepare the site plans and bid documents for said structure, as recommended by the Highway Superintendent.

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 commented that the Department of Transportation sent conformation stating that there will be structural steel repair of the Powers Road Bridge over the Southern Expressway in the Town of Orchard Park, Erie County, and construction activities will also include 3000 feet south of bridge of the northbound Route 219 and 1000 feet north of the bridge which is being reconstructed and is hereby designated a Restricted Highway, and shall be completed on October 31, 1995, or the actual contract completion date if extended.

18) 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 Chief of Police, to send Lt. Sam McCune to Binghamton, New York to an Accreditation Seminar, September 12th, 13th & 14th, 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.

19) 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 all entries on Warrant #17, following auditing by members of the Town Board in the funds indicated:

$ 83,994.94 General Fund

$ 3,587.47 Part Town Fund

$ 203,685.76 Highway Fund

$ 45,874.96 Special Districts Fund

$ 81,092.20 Trust & Agency Fund

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.

20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, SECONDED BY COUNCILMAN MILLS, 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) New York State Department of Transportation Designation of Restricted Highway 2) Resignation from Colleen M. Vogel as Police Clerk from the Orchard Park Police Department, effective September 8, 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 8:23 P.M., (local time).

UNANIMOUSLY ADOPTED

Respectfully submitted,

Janis A. Colarusso

Town Clerk