A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County New York, was held at the Orchard Park Municipal Center at Orchard Park, New York on the 19th day of February 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
Ronald Geitter Superintendent of Highways
Robert Henning Police Chief
Michael R. Merritt Town Engineer
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 meeting of the Town Board, held on January 15, 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 - Orchard Park Presbyterian Church requesting use of Yates Park.
2) 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 authorizing the Orchard Park Presbyterian Church, 4369 South Buffalo Street, to reschedule their Confirmation Class Picnic, at Yates Park/Green Lake from May 14, 1997 to May 21, 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Award Bid for “Hand Held Data Collector”.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, sealed bids for the “Hand Held Data Collector” were opened on February 12, 1997 at 10:00 A.M., (local time) in the Supervisor’s Office in the Orchard Park Municipal Center, and
WHEREAS, the Tax Receiver, the Crew Chief of the Special Improvement Districts and the Town Attorney recommend that the bid be awarded to Lock City Supply, Inc., 650 West Avenue, Lockport New York 14094, the apparent lowest responsible bidder
NOW, THEREFORE, be it
RESOLVED, that the bid for the Hand Held Data Collector is hereby awarded to Lock City Supply, Inc., for $ 8,805.50.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Schedule Public Hearing, to rezone 3605 California Road.
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 schedule a Public Hearing on Wednesday, March 19, 1997, at 8:00 P.M., (local time), in the matter of an amendment to the Zoning Ordinance, to rezone from I-1 to I-1 Special Exception Use for outside storage of contractor equipment and supplies, as petitioned by A.H. Harris & Sons, property located at 3605 California Road, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #4 - Schedule Public Hearing, to rezone vacant land on Southwestern Blvd.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing on Wednesday, March 19, 1997, at 8:00 P.M., (local time), in the matter of an amendment to the Zoning Ordinance, to rezone from R-3 to B-2 for a landscaping business, as petitioned by Bryan Young, vacant land on the corner of Southwestern Blvd., and Angle Road, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #5 - Amend resolution from February 5, 1997 “½ Ton Pickup Truck”.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby amend the resolution of February 5, 1997, for the State Bid Contract Purchase of a ½ Ton Pickup Truck for the Sewer and Water Department to read $13,225.00.
Before the vote was taken, Councilman Barnas stated the bid contract proposal of February 5, 1997 of $14,336.00 included the ladder, racks & tool boxes. Council stated these items will now be purchased locally, which in turn lowers the total price of the ½ Ton Pickup Truck by $1,111.00.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - Jaycees requesting the use of Yates Park for their annual Easter Egg Hunt.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Orchard Park Jaycees use of Yates Park/Green Lake and the Civic Building, to hold their annual Community Easter Egg Hunt on Saturday, March 22, 1997, from 8:00 A.M. to 1:00 P.M.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - Schedule Public Hearing: Local Law #1-1997, Veteran’s Tax Exemption.
8) 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 schedule a Public Hearing on Wednesday, March 19, 1997 at 8:00 P.M., (local time) in the matter of the adoption of Local Law No. 1 for the year 1997, entitled Veteran’s Tax Exemption:Section 124-7(a) of the Orchard Park Town Code, which amendment provides as follows: The Veteran’s Tax Exemption is hereby fixed at the maximum home value cap of $120,000.00 permitted pursuant to RPTL § 458-a., and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - Greendale Farm requesting a Stable Permit # 1 for the year 1997.
9) 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 approve the request from Greendale Farm, 7295 Jewett Holmwood Road, for Stable Permit #1-1997 for a Public Stable and Riding Academy..
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - (not on the agenda) St. Bernadette’s requesting an addition to the School.
10) 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 refer to the Planning Board and Conservation Board the request from St. Bernadette’s Parish, 5930 South Abbott Road, Orchard Park New York, for and addition to the existing school building.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
Supervisor Mill stated he received a phone call from David Olick, representative from Sprint Spectrum Company. Mr. Olick stated to the Supervisor that they have reached an agreement with Frontier Cellular about co-location of the Armor Road Communications Towers, that presently Frontier Cellular owns. Supervisor Mill stated Sprint Spectrum will build a new tower (125 feet high) on the Armor Road property, and once the new tower is in place the old tower will come down. Sprint Spectrum and Frontier Cellular will be co-owners of the new tower. Supervisor Mill added that all tower applications that have come before the Town Board are now in place and they may even be co-located on property that presently have towers on them.
Councilman Barnas introduced Greg Heeb (who was sitting in the audience) as being selected as one of the Orchard Park Pride Students. Councilman Barnas also added that he could understand why Greg was selected, for he has been very instrumental as one of the Government Students in the Orchard Park Municipal Center and the Senior Citizen Center fund-raisers.
11) 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 receive and file the Map, Plan and Report as prepared by Mark D. Alianello, P.E., a competent engineer duly licensed by the State of New York, of the extended Town Water District No. 6, Extension No. 7, and be it further
RESOLVED, that the Town Board is hereby authorized to Adopt the Order scheduling a Public Hearing, in accordance with §202 (b) of the Town Law, on Wednesday, March 19, 1997 at 8:00 P.M., (local time) in the matter of the proposed Improvement to Hamburg/Orchard Park Joint Water District #6 and Extension No. 7, and be it further
RESOLVED, said Order is attached to these minutes, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
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 hereby authorizes the approval of all entries on Warrant #4, following auditing by members of the Town Board in the funds indicated:
$ 716,538.95 General Fund
$ 509.25 Part Town Fund
$ 51,837.42 Highway Fund
$ 123,234.74 Special District Fund
$ 7,005.50 Trust & Agency Fund
$ 251.28 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) 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) Orchard Park Building Inspectors Monthly Report & Building Permits for January 1997, and 2) Orchard Park Police Departments Monthly Report for January 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Stewart Crosley, 40 Larned Lane, Orchard Park: 1) Asked the Town Board if the Communications Towers could be used as antennas for short wave radios. The Town Attorney stated the towers were franchise towers only. 2) Asked the Town Board if the Hand Held Data Collector was a single collector for $8,000.00. The Town Board stated yes. At this time members of the Town Board explained exactly what the Hand Held Data Collectors will do for the individual using it to read meters in the Town.
Conrad Hopcus, 4206 Liberty Drive: 1) Asked when the road reconstruction on Liberty Drive would take place? The Town Engineer stated the Engineer Department was in the process of putting it out for bid, and that it looked like the reconstruction would start sometime this summer.
Tony Cudney, 5991 Scherff Road: 1) Asked if there is was a Tower on Benning Road that has been approve?. The Town Board and the Town Attorney stated that there is a tower on Benning Road that was approved a long time ago.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilman Buyer, the meeting was adjourned at 8:21 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted
Janis A. Colarusso
Town Clerk