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 16th day of April 1997 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
Joseph Campion Building Inspector
Robert Henning Police Chief
Michael R. Merritt Town Engineer
ABSENT: Ronald Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the minutes of the regular meeting of the Town Board, held on March 19, 1997 as presented by the Town Clerk, are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business # 1 - Empire Erectors requesting a Building Permit
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the request by Empire Erectors, 4182 South Taylor Road, for a Building Permit to construct a 7,078 sq.ft garage with an attached 2,522 sq.ft. office building as recommended by the Planning Board on 4/9/97, with the following stipulations:
1. This is an Unlisted SEQR action based on the submitted Full EAF Parts 1 and 2, and a Negative declaration is declared.
2. A landscape completion bond in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 38% green space. ( $6,000.00 bond or certified check for $3,000.00)
3. No outside storage or display is permitted.
4. Dumpsters as shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with Section 144-25 of the Town Code.
5. A yard receiver shall be installed by the developer from their eastern lot line into the back yard of 4182 South Taylor road and tie into the pipe located between Catch Basin 3 and 4 with Town Engineering approval.
6. No exterior lighting is approved at this time. The Petitioner shall submit a lighting plan for all exterior free standing and building lighting, and appear at the May Planning Board meeting; and further
7. A fence has to be constructed along Mr. Stromecki’s property line.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business # 2 - St. Bernadette’s Parish requesting a Building Permit
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the request by St. Bernadette’s Parish, 5930 South Abbott Road, for a Building Permit to Construct a 9,400 ± sq.ft. addition to the existing school building, as recommended by the Planning Board, on 4/9/97, with the following stipulations:
1. This is an Unlisted SEQR action based on the submitted Full EAF parts 1 and 2, and a Negative declaration is declared.
2. A Landscape completion bond is accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 80% green space. ($2,865.00 bond or certified check for $1,432.50)
3. The site lighting plan is limited to those fixtures and poles included on the approved site plan which includes nine (9) new wall packs.
4. No outside storage or display is permitted.
5. Dumpsters as shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with Section 144-25 of the Town Code.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 1 - Brian Young requesting a Building Permit and Site Plan Approval
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to refer the request of Brian Young, 2793 Angle Road, for a Building Permit and Site Plan Approval, for a 5,600 sq.ft office building, a 6,912 sq.ft,. warehouse, a 5,280 sq.ft truck building, and a 1,780 sq.ft topsoil building, to the Planning Board and the Conservation Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 2 - Approval of PIP 97-05, Royal Hill II Phase III
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, the Town has received from Joseph Ippolito, J-M Webster Development Inc., an application for a Public Improvement Permit to construct Phase 3 of the Royal Hill II Subdivision, consisting of 1800 L.F. of roadway and utilities to serve 32 sublots, and
WHEREAS, the plans and specifications for the project have been reviewed and found to be in compliance with current Town specifications and all necessary fees have been paid
NOW, THEREFORE be it
RESOLVED, that the Town Board is hereby authorized to approve PIP 97-05, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN TO WIT.
WHEREAS, the Town received a proposal from R & D Engineering, P.C. to perform inspection services for the Town of Orchard Park during the construction of the public improvements in Royal Hill II Subdivision, Phase 3, and
WHEREAS, the proposal calls for the consultant to provide on-site inspection when required at a billing rate of $32.52 per hour which includes overhead, expenses and profit, and
WHEREAS, the developer has paid inspection fees in the amount of $13,750.00 which should be sufficient to cover the cost of consultant services
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with R & D Engineering, P.C., 268 Main Street, Buffalo NY 14202, for consultant inspection services on PIP # 97-05 for the construction of Royal Hill Subdivision II, Phase 3, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 2 - (not on Agenda) Summer Recreation Appointments
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the following resident appointments to the 1997 Summer Recreation Staff as recommended by the Recreation Director:
Name Address Position Rate Hrs
Greg Heeb 6085 Berkley Aide $4.60 30
Brendan Wilson 25 Independence Aide $4.75 30
Pam Martin 6146 Powers Grd. $4.85 30
Missy Coffey 49 Lakewood Dir. $5.55 35
Sara Wiencek 6344 Milestrip Aide $4.60 30
Katie Hess 4 Tanglewood Aide $4.75 30
MaryClaire Devine 2 Silent Meadow Dir. $5.55 35
Patrick Dunning 6343 Taylor Rd. Aide $4.60 30
Kelly McGarry 9 Butternut Aide $4.75 30
Melanie Dunham 6783 Scherff Aide $4.75 30
Sue Higgins 6128 Powers Dir. $5.55 30
Tom Whitmore 23 Potter Ave. Grd. $5.25 30
Stephen Powell 45 Tanglewood W. Grd. $5.25 30
Elizabeth Bourke 4 Silent Meadow Grd. $5.25 30
Please note: The above appointments are dependent upon applicants securing the required certifications.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
After attending the Supervisors Forum in Albany last week, Supervisor Mill reviewed some of the topics and concerns discussed there. Supervisor Mill stated that one of the items the Supervisors from Erie County would like to see passed, is a law that would extend the time that the local tax receivers could collect back taxes. The Tax Receivers also endorse this effort.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Supervisor of the Town of Orchard Park is to apply to the Erie County Commissioner of Finance to extend the time for collection of real property taxes remaining unpaid in the Town of Orchard Park, to August 31st of any year; provided however, that the Receiver of Taxes of the Town of Orchard Park shall fully account to the commissioner of Finance as provided and shall further account on or before the fifth day of each month during the term of such extension.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill then went over some of the other issues discussed at the Forum in Albany - Binding Arbitration; Code enforcement with reimbursement to the municipalities; Condo Laws regarding where townhouses can be converted to condos; Clean Air/ Clean Water Bond Act; Reduction in the amount of interest that municipalities would have to pay on judgements; the STAR program and changes in the Wick’s law.
Councilman Barnas announced that the Recreation Review Committee has submitted their draft to the Board and to the Superintendent of Highway for review. Councilman Barnas also discussed some problems that neighbors were having with Jim Ball Pontiac.
Councilwoman Ackerman went over the Hazardous Waste Program drop off sites & dates for 1997. May 10th at ECC North, June 10th at ECC South, the City of Buffalo will have one in September and Tonawanda will have one in October. The Hazardous Waste Program has also set up a Hotline number - 858-6800.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT;
RESOLVED that the Town Board is hereby authorized to appoint Cameron Schulz to a seasonal position in the Engineering Department at a rate of $6.50/hour for a fourteen week period beginning May 19, 1997, as recommended by the Town Engineer.
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 is hereby authorized to appoint Justin Jaeger to a seasonal position in the Sewer and Water Department at a rate of $6.00/hour for a fifteen week period beginning May 12, 1997, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #8, following auditing by members of the Town Board and in the funds indicated:
$ 98,366.63 General Fund
$ 2,859.27 Part Town Fund
$ 109,986.64 Highway Fund
$ 146,583.49 Special District Fund
$ 60,364.16 Trust & Agency Fund
$ 30,394.01 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the Police Department Monthly Report for March 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
George Sambratto, 20 Schultz Dr. - wanted to know if Mr. Emerling had received a building permit for the apartments that he proposed to build. Mr Sambratto also wanted to know if the issues regarding the water pressure and drainage, in the Abbott Road area south of Big Tree Road, had been addressed. The Town Engineer discussed what has been done so far.
Debbie Patterson, 5139 Lake Ave. - wanted to know if there were weight limits for vehicles on Lake Ave. since it is a truck route. Councilman Barnas stated that Lake Ave. is a County road, and that all regulations, and posting on Lake are handled by the County.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:36.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk