1997 3rd Regular Meeting of the Town Board of 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 5th day of February 1997 at 8:00 P.M., (local time) and the Pledge of Allegiance was rendered, led by Boy Scout Troop 230:

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

Ronald Geitter Superintendent of Highways

Robert Henning Police Chief

Michael R. Merritt Town Engineer

Supervisor Mill recognized Boy Scout Timothy F. Masterson and presented a certificate honoring him for attaining the position of Eagle Scout in Troop 230.

Eagle Scout Michael Adragna escorted Timothy Masterson to the front, and Councilwoman Ackerman read the Certificate of Achievement given by the Town of Orchard Park in recognition of attainment of the rank of Eagle Scout of the Boy Scouts of America, Troop 230.

Mike Adragna read the following “Eagle Scout Charge”:

“An Eagle is to live with HONOR. His honor is sacred; it is the foundation of his character. An eagle scout will live so that he reflects credit upon his home, church, friends, and self. May the white of your badge remind you to live with honor.

An Eagle is to be LOYAL. To Thine own self be true. And it must follow, as the night follows day, you cannot be false to any man. Neither pain nor profit, pride nor personal loss shall sway his loyalty. The blue on your badge is the emblem of loyalty.

An Eagle Scout is to be courageous. Courage gives all character force and strength. With trust in God and faith in his fellowman, he faces each day unafraid and seeks his share of the world’s work to do. Let the red of your badge remind you of courage.

Finally, an Eagle Scout is service-oriented. Extend a helping hand to those who toil along the Scouting trail you have completed, just as others have aided you. The daily good turn must take on a new meaning and better the life pattern of services. Protect and defend the weak and helpless; comfort the unfortunate and oppressed. Uphold the rights of others as well as your own. Remember, real leadership is founded upon real service.”

Councilwoman Ackerman reported that Troop 285 had two Scouts, Nicholas Boller and Ryan Neumiester, who also attained their Eagle awards.

1) 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 meetings of the Town Board, held on December 18, 1996, 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.

PUBLIC HEARING

At 8:00 P.M. ( local time), the advertised time, the Supervisor called for the public hearing to hear all interested parties and citizens for or against the rezoning of vacant land, on the east side of Baker Road, south of Michael Road, from R-2 to R-2 Cluster Development, as petitioned by Fred Donato Developers.

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.

PROPONENTS:

Robert Pidanick of Pratt & Huth representing the petitioner, Fred Donato Developers.

A meeting was set up with Town Board members, Mr. Pidanick and Mr. Donato for the work session next week at 7:30 pm, to answer some questions and concerns.

OPPONENTS:

Daniel Currie, 52 Stonehenge Drive, asked for the definition of “cluster” and is there property already zoned for cluster development?

Town Attorney Berkowitz replied that there is no property, at present, zoned for cluster. The ordinance does provide for it.

Councilwoman Ackerman explained that by “clustering”, larger green spaces can be saved from ever being developed.

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

RESOLVED, that the Public Hearing in the matter of rezoning of vacant land, on the east side of Baker Rd., from R-2 to R-2 Cluster Development is hereby closed at 8.25 P.M. (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business # 1 - Orchard Park Health Care, Armor Rd. - Decision on request to rezone.

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

WHEREAS, following due and timely notice, a public hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, was conducted at the Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 15th day of January 1997 at which all interested parties were given an opportunity to be heard, which amendment provides as follows:

To rezone vacant land on the south side of Armor Road from R-2 to R-3 Special Exception Use, for the purpose of constructing a senior housing community complex as petitioned by Orchard Park Health Care Center, and

WHEREAS, no recommendation from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, with the following stipulations:

1. Any outside generator or similar equipment be screened to minimize the noise and site boundaries impact.

2. The landscape plan incorporate a mixture of tree sizes, 50% deciduous trees should be 3" in caliper and 50% evergreens shall be 10ft tall.

3. The petitioner will be responsible for any off site improvements and easements for drainage and traffic.

4. A coordinated review which should include a detailed lighting plan as discussed with the petitioner at this meeting, and

5. That this be for the specific use of a senior housing complex and that if this project does not move forward, the zoning reverts back to its original zoning.

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning vacant land on the south side of Armor Road from R-2 to R-3 Special Exception Use, for the purpose of constructing a senior housing community complex, with the above stated stipulation, all tract or parcel of land bounded and described as follows:

ALL TRACT OR PARCEL OF LAND situate in the Town of Orchard Park, County of Erie and State of New York, being part of Lot Number 21, Township 9, Range 7 of the Holland Land Company’s Survey, bounded and described as follows:

BEGINNING at a point on the southeast right of way line of Armor Road (66 feet wide) at the northeast corner of Parcel 210, Map 187 of lands appropriated by the State of New York for the Southern Expressway-Section II said point being 439.1 feet more or less northeast of the east right of way line of Murphy Road (66 feet wide) as measured along the southerly right of way of Armor Road; thence south 1°39'27" west a distance of 40.9 feet more or less to a point 167.72 feet north of Station 10+30.88 of the State survey baseline; thence south 88°20'33" east along a north line of Parcel 205, Map 187 of lands appropriated by the State of New York for the Southern Expressway Section II a distance of 1,498.81 feet to a point 236.95 feet west of Station 3285+38.36 of the State survey baseline; thence north 7°28'56" west a distance of 454.40 feet to a point 232.18 feet west of Station 3290+48.30 of the State survey baseline; thence north 61°00'15" west along the southwest line of Parcel 279, Map 187 of lands appropriated by the State of New York for the Southern Expressway-Section II a distance of 243.3 feet more or less to the southern line of Parcel Number 1 as conveyed to the County of Erie by Liber 5701 of Deeds at page 217; thence southwesterly along a curve to the left having a radius of 1,594.1 feet a distance of 527.92 feet more or less to the southwest corner of lands recorded in Liber 5701 of Deeds at Page 217; thence northwest and at right angles with the southeast right of way line of Armor Road a distance of 10 feet to the southeast right of way line of Armor Road; thence along the southeast right of way line of Armor Road about 725 feet to the point of beginning and containing 11.8 acres more or less.

This ordinance shall take effect immediately.

Before the vote was taken Town Attorney Berkowitz questioned whether or not the required SEQR determination had been made? There was discussion by members of the Town Board and the Planning Board Chairman, John Bernard, left the meeting to get the SEQR information from the Planning Board files.

At this time Councilman Barnas withdrew his motion, pending SEQR information.

Old Business # 2 - Police Dept. Patrolman appointments - change to permanent status.

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

RESOLVED that the Town Board is hereby authorized to change the designation of the following three recent Police Department Patrolman appointments from Temporary appointments to Permanent appointments pending the probationary period: John M. Mariano, Mark F. Pacholec and Patrick M. McLaughlin.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business # 1 & #3 - Referrals to Planning Board.

5) 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 to the Planning Board and the Conservation Board the following requests:

#1) Joseph And Diane DeMarco, 3689 California Road, requesting a building permit to construct a new storage facility.

#3) Young Properties, 2793 Angle Rd. At Southwestern Blvd. Requesting to rezone the back section of their property from R-3 to B-2.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business # 2 - Redistricting and Creation of Election Districts.

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

WHEREAS, presently in the Town of Orchard Park, Election District #8 has 1,169 registered voters, and Election District #18 has 1,040, and

WHEREAS, per Section 4-100 of the New York State Election Law, all Election Districts shall not contain more than nine hundred and fifty (950) registered voters before being divided for the convenience of the voters

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to approve the revised descriptions for Election Districts 6, 7, 8, 18 and the creation of Election Districts 24 and 25, and be it further

RESOLVED, that the Town Clerk is hereby directed to send these revised descriptions to the Erie County Board of Elections, 134 West Eagle Street, Buffalo, New York.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business # 4 (not on agenda) - Recreation Staff Appointments.

7) 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 approve the following resident appointments to the 1996 Fall/Winter/Spring Recreation Staff as, recommended by the Recreation Director:

Karen Heavey 145 Chauncey Grd. $5.35/hr

Sean Walsh 6103 Bunting Sub.Dir. $5.35/hr

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business # 5 (not on agenda) - Schedule Bid Opening for Road Building Materials.

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

RESOLVED, that the Town Board is hereby authorized to schedule a bid opening for road building materials on February 18, 1997 at 11:00 am to be submitted and opened at the Highway Office, 4350 South Taylor Road, as recommended by the Highway Superintendent

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time, Planning Board Chairman John Bernard reentered the Town Board meeting with the SEQR information for the Orchard Park Health Care Center. Mr. Bernard stated this is a Negative SEQR Declaration.

Old Business # 1 - Orchard Park Health Care, Armor Rd. - Request to rezone.

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

WHEREAS, following due and timely notice a public hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, was conducted at the Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 15th day of January 1997 at which all interested parties were given an opportunity to be heard, which amendment provides as follows:

WHEREAS, no recommendation from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, with the following stipulations:

1. Any outside generator or similar equipment be screened to minimize the noise and site boundaries impact.

2. The landscape plan incorporate a mixture of tree sizes, 50% deciduous trees should be 3" in caliper and 50% evergreens shall be 10ft tall.

3. The petitioner will be responsible for any off site improvements and easements for drainage and traffic.

4. A coordinated review which should include a detailed lighting plan as discussed with the petitioner at this meeting.

5. That this be for the specific use of a senior housing complex and that if this project does not move forward, the zoning reverts back to its original zoning.

AND

WHEREAS, the Town Board does declare a Negative SEQR Declaration

NOW, THEREFORE, be it

This ordinance shall take effect immediately.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

ELECTED OFFICIALS & DEPARTMENT HEADS

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

RESOLVED, that the Town Board is hereby authorized to approve the following year end Budget Transfers as pre-filed with the Town Clerk and Board Members:

Highway Department 1996 Budget Transfers

$ 4,384.00 From: A.1910.000.480 To: A.1340.000.451

$ 307.69 From: A.1910.000.480 To: A.1410.000.137

$ 73.74 From: A.1410.000.450 To: A.1410.000.460

$ 261.24 From: A.1620.000.421 To: A.1620.000.420

$ 4,941.52 From: A.1620.000.446 To: A.1620.000.447

$ 3,134.42 From: A.1620.000.446 To: A.1670.000.446

$ 1,364.03 From: A.3120.000.137 To: A.3120.000.100

$ 3.43 From: A.3120.000.409 To: A.3120.000.412

$ 152.86 From: A.1620.000.421 To: A.3310.000.421

$ 236.56 From: A.1910.000.480 To: A.3510.000.100

$ 727.22 From: A.1910.000.480 To: A.3510.000.111

$ 13.97 From: A.1910.000.400 To: A.7310.000.400

$ 502.37 From: B.1910.000.480 To: B.8010.000.139

$ 502.28 From: B.1910.000.480 To: B.8020.000.139

$ 3.44 From: B.8020.000.413 To: B.8020.000.405

$ 2,100.02 From: B.9060.000.814 To: B.9030.000.812

$ 19.32 From: DA.9060.000.814 To: DA.1910.000.408

$ 406.95 From: 001.8345.000.422 To: 001.8345.000.421

$ 3,611.56 From: 001.8345.000.812 To: 001.9030.000.817

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill stated he had traveled to Washington D.C. at the request of Congressman Quinn to attend a meeting with the Committee on Transportation and Infrastructure for the U.S. House of Representatives. In particular, short line railroads, specifically the B & P which passes through our community. Supervisor Mill also thanked Congressman Quinn for his being a guest in the House of Representatives for President Clinton’s State of the Union Address..

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

RESOLVED, that the Town Board is hereby authorized to approve the following Street Light Proposal from New York State Electric & Gas Corp, dated January 22, 1997: Summit At Scherff,

8 Fixtures, SC #3: 1 at Woodstream Trail and 7 at Grandview Trail: Install: 8 - 5200 Lumen PT 70-Watt Luminaires @ $126.92 each, Total Annual Increase $1,015.36

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Mills commented on tonight’s public hearing regarding Cluster Development as petitioned by Fred Donato Developers: In 1985, the Board restructured our Comprehensive Master Plan. One item in particular was residential lot sizes. The discussion tonight on the density of Cluster Development, this is a compromise on the lot sizes, a flexibility on the density and is not appropriate for the Town. Mr. Mills stated he wants it on record, that he is very much against it.

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

RESOLVED, that the Town Board is hereby authorized to refer to the Public Safety Committee

the request for a Do Not Block Side Road sign from Bruce Courtney, 3903 Sheldon Road.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Barnas congratulated Councilwoman Ackerman for being awarded the Silver Eagle Award.

Councilman Buyer 1) commented on tonight’s public hearing regarding. Cluster Development hearing tonight. The Cluster Development Ordinance was enacted twenty-five years ago. At that time, there was considerable effort by environmentalists around the nation to preserve green space. The concept of cluster development was to move residential buildings closer together. This proposal of Fred Donato Developers, is the first Cluster Development in twenty-five years since the ordinance was enacted. The Town’s planning process needs to be looked into. We are meeting with the developer next week and hopefully it will be informative and the Board will keep an open mind, and 2) Mr Buyer stated that in reviewing the Dog Control Officers Report, although it appears that the rabies problem has peaked and moved on into the northern counties in the past few years, a skunk was tested positive for rabies in Orchard Park, this past Thanksgiving and we all should still be more cautious.

Councilwoman Ackerman stated that the Zoning Commission in the mid eighties had one main objective, to try and retain as much of the character of the community as possible. The legal objective, as required by the State of New York, was to review all of our ordinances. We changed the zoning, increased the physical lot size of all the residential zones, thereby reducing the potential density. Cluster must comply with the density as legislated. We do need to look at the project as proposed by Donato Developers, and 2) Reported the Orchard Park Youth Court saw eleven cases in 1996 as opposed to twenty-six in 1995. There were a variety of case subjects. The sentences handed down were served in the Y.M.C.A., Library, Highway Dept., Recreation Dept., Municipal Building and the Orchard Park Tabernacle. We commend the boys and girls involved in Youth Court and thank all the adults who volunteer their time.

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

WHEREAS, the Town of Orchard Park is a Town of the First Class; and

WHEREAS, after considerable study and evaluation of the extension and reconfiguration of Mid-County Drive, Orchard Park, a determination has been made that such property should be abandoned

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, pursuant to the provisions of Section 64-2 of the Town Law, subject to a permissive referendum, that the premises owned by the Town of Orchard Park be transferred to Frank L. Ciminelli, % Ciminelli Development Company, Inc., 350 Essjay Road, Suite 101, Williamsville, New York 14221 in consideration for the transfer by Frank L. Ciminelli of certain lands necessary to extend and reconfigure Mid-County Drive. Said premises being described as follows:

ALL THAT TRACT OR PARCEL OF LAND situated in the State of New York, County of Erie and Town of Orchard Park; said parcel also being in great lot Twenty-five (25), Township Town (10), Range Seven (7) of the Buffalo Creek Indian Reservation, also being in Map Cover No. 1214 Block K,

Beginning at the southeast corner of Liber 10008, Page 210, said point also being on the existing west right of way of Mid-County Drive; thence northerly along said west right of way a distance of 89.14 feet to a point of curve on said right of way; thence northwesterly along a curve to the left with a radium of 75.00 feet and a central angle of 29°-55"-35" an arc distance of 39.17 feet to the point and place beginning for said right of way abandonment description.

From the point of beginning continuing along a curve to the left with a radius 75.00 feet and a central angle of 36°-29'-44" an arc distance of 47.77 feet to a point of reverse curve; thence continuing northwesterly along a curve to the right with a radius of 75.00 feet and a central angle of 160°-14'-41" an arc distance of 206.76 feet to a point, said point also being on the extension of the proposed west right of way of Mid-County Drive, and said point being 47.85 feet south of the south right of way of Milestrip Road, by New York State Appropriation Liber 7550, Page 27, Map No. 634, Parcel No, 732; thence southerly along said right of way extension a distance of 174.89 feet to the point and place of beginning. Said right of way abandonment parcel containing 9857.30 S.F.

The above described right of way parcel No. 37.2 B is no longer needed for right of way by the Town of Orchard Park and is intended to be abandoned to Frank L. Ciminelli as shown on Orchard Park Engineering Map No. 91-063-01C.

That the Supervisor of the Town of Orchard Park is hereby authorized and directed to execute the deed and other documents necessary to transfer the above-referenced premises on behalf of the Town of Orchard Park; and be it further

RESOLVED, that pursuant to Section 82 and 90 of the Town Law that within ten (10) days from the date of this resolution the Town Clerk shall post and publish a notice which shall set forth the date of adoption of the resolution, shall contain an abstract of such resolution concisely setting forth the purpose and effect thereof, shall specify that this resolution was adopted to a permissive referendum; and shall publish such notice in the official newspaper of the Town of Orchard Park having general circulation in the Town of Orchard Park, and that in addition thereto that the Town Clerk shall post or cause to be posted on the sign board of the Town of Orchard Park, a copy of such notice within ten (10) days after the date of the adoption of this resolution.

The question of the adoption of the foregoing resolution was duly put to a vote which resulted as follows:

Dennis J Mill, Supervisor Aye

John J Mills, Councilman Aye

Paul D Barnas, Councilman Aye

David M Buyer, Councilman Aye

Nancy W Ackerman, Councilwoman Aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) 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 from the Police Chief for Officer Thomas Buranich to attend the Annual D.A.R.E. Training Conference, in Saratoga Springs, New York on April 25th - 27th, as provided in the budget.

Before the vote was taken, Councilman Buyer stated that since the spring of 1993, 1,967 Fifth Graders from the Orchard Park Central and Parochial Schools have been processed thru the D.A.R.E. Program successfully completing and graduating.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, final inspection was conducted of the sanitary sewer line installed along Countryside Lane for the Quaker Towne Apartments, Phase 4 under P.I.P. #96-06, and all work has been satisfactorily competed per the Town’s specifications and standards, and

WHEREAS, all of the required easements and approvals have been received and a maintenance bond in the amount of $12,000.00 has been submitted

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to accept the public improvements installed under P.I.P. #96-06 and directs the Town Clerk to release the performance security in the amount of $2,500.00, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, George Piniewski, 182 Charlescrest Ct, West Seneca, New York has submitted an application for a Public Improvement Permit, #97-02, to construct a sanitary sewer extension to serve one (1) duplex at the end of Vistula Ave, and

WHEREAS, the plans and specifications for the project have been reviewed and found to be in compliance with Town specification and all the necessary fees and insurances have been submitted

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to approve the application for Public Improvement Permit #97-02, submitted by George Piniewski to construct a sanitary sewer extension on Vistula Ave, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED, that the Town Board does hereby authorize the Sewer & Water Dept. to purchase, under New York State Bid Contract #P051213, one (1) 1997 ½Ton Pickup Truck with ladder rack and tool boxes, from Genesee Ford Truck Sales Inc., 1280 Jefferson Road, Rochester, New York, at a cost of $14,336.00 as provided in the budget, to replace a 1989 Chevrolet ½Ton Pickup Truck and, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) 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 #3, following auditing by members of the Town Board in the funds indicated:

$ 119,432.88 General Fund

$ 6,207.58 Part Town Fund

$ 38,993.50 Highway Fund

$ 358,930.28 Special District Fund

$ 1,023.01 Trust & Agency Fund

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications as entered on the agenda: 1)Erie County Legislature: Copy of Notice of Proposal regarding the required 8 year review for the Eden Boston Agricultural District. 2) Erie County Dept. Of Health: Copy of proposed amendment to the Erie County Sanitary Code.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

20) 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 receive and file the following Reports as entered on the agenda: 1) Town Clerk’s Annual Report for the year 1996. 2) Building Inspector’s Annual Report for the year 1996. and 3)( not on agenda) Dog Control Officer’s Annual Report for the year 1996.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

Thomas Whalen, 204 Steppingstone Lane - Commented regarding the Quaker Crossing Retail Center.

There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 9:15 P.M. (local time).

UNANIMOUSLY ADOPTED

Respectfully submitted,

Janis A. Colarusso

Town Clerk