1997 6th 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 19th day of March 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 COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.

RESOLVED, that the minutes of the regular meetings of the Town Board, held on March 5, 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.

PUBLIC HEARING #1

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 south side of Southwestern Blvd., from R-3 to B-2, for the purpose of constructing a landscape business as petitioned by Bryan Young.

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: Brian Young - 30 Buffalo Creek Rd., Elma NY, spoke about his proposed plans.

Opponents: Susan Owens - 2812 Angle Rd., Orchard Park NY, feels that there will be too much traffic on Angle Road, and that 2 driveways in and out of Angle Road are not necessary. She also was concerned about the looks of the business.

Mr. Young came forward to go over some of Ms. Owens concerns and said that he already owns two other landscaping businesses if she cared to visit them.

Councilman Buyer said he would like to see a site plan. Councilwoman Ackerman asked where the other two businesses were located. Councilman Mills wanted to know what the hours of operation would be.

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

RESOLVED, that the Public Hearing in the matter of rezoning vacant land, on the south side of Southwestern Blvd., from R-3 to B-2 is hereby closed at 8:10 P.M. (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

No decision was made by the Town Board at this time.

PUBLIC HEARING # 2

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 property located at 3605 California Road, from I-1 to I-1 Special Exception Use for outside storage of contractor equipment and supplies as petitioned by A.H. Harris & Sons.

Proponents: Steve Thornton - 550 Warren Street, Fayetteville, NY, the company wants to move the business from West Seneca to Orchard Park and they need area to store equipment & supplies.

Opponents: Don Lewis - Thruway Builders, California Road, was concerned about the competition from this business.

Jim McNichol - 3662 California Road, has a home close by and is concerned with the heavy traffic and the area being an eyesore.

Toni Cudney - 5991 Scherff Road, asked for an expanation of this “special exception use” was for this company.

Councilman Mills questioned Mr. Thornton as to how this business would operate.

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

RESOLVED, that the Public Hearing in the matter of rezoning property located at 3605 California Road from I-1 to I-1 Special Exception Use, was hereby closed at 8:18 P.M. (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

No decision was made by the Town Board at this time.

PUBLIC HEARING #3

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 establishment and creation of the new Town Water District No. 6, Extension No. 7, as petitioned by Roy L Emerling.

Proponents: Mark Alianello, Project Engineer

Marvin Ashburn - 6326 Benning Rd., was interested in how this water extension works since it is being constructed on private property. The Town Engineer explained the regulations regarding this extension.

Opponents: None

4) 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 establishment and creation of the new Town Water District No.6 Ext. No. 7 was hereby closed at 8:25 P.M. (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, a map, plan and report relating to the establishment of a proposed Town of Orchard Park, Water District No. 6 - Ext. No. 7, prepared by Mark D. Alianello, P. E., a duly licensed engineer of the State of New York, in a manner and in such detail as has been determined by this Town Board, has been duly filed with the Town Clerk, in accordance with the requirements of Article 23 of the Town Law; and

WHEREAS, an Order was duly adopted by this Town Board on February 19, 1997, reciting the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed District, the proposed method of financing, the fact that the map, plan and report describing the same were on file in the Town Clerk’s office for public inspection, and stating all other matters required by law to be stated, and specifying March 19th, 1997 as the date, at 8:00 p.m. in the afternoon of said day as the time, at the Town of Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York as the place where this Town Board would meet and consider said map, plan and report, and to hear all persons interested in the subject thereof, concerning the same, and to take such action thereon as required or authorized by law; and

WHEREAS, such Order was duly published and posted as required by law; and

WHEREAS, a hearing on said matter was duly held by said Town Board on March 19, 1997 at 8:00 p.m. in the afternoon of said day, in the Municipal Center, S4295 South Buffalo Street, Orchard Park, New York, and no person appearing in opposition to and the petitioner appearing in favor of the petition; and

WHEREAS, pursuant to said petition, it is the intention of the petitioner, as sole owner of all the taxable property in said water district, to construct said water lines solely at its own expense, now, after due deliberation, it is

RESOLVED AND DETERMINED:

(1) That the notice of hearing was published and posted as required by law, and is otherwise sufficient;

(2) That all property and property owners within the proposed district are benefited thereby;

(3) That all property and property owners benefited are included within the limits of the proposed district;

(4) That it is in the public interest to establish said district; and be it further

RESOLVED AND DETERMINED:

That the establishment of the proposed district as set forth in said map, plan and report be approved, that the improvements therein mentioned be constructed by the petitioner; and such district shall be known and designed as “Town of Orchard Park Water District No. 6 - Ext. No. 7" and shall be bounded and described as set forth:

Beginning at the southwest corner of Liber 759 page 98, said point being the northwest corner of Liber 10896 page 9392

Thence east along the south line of Liber 759 page 98 and cover map No. 875, a distance of 820.29' feet.

Thence southwesterly at an included angle of 79-41' 23", a distance of 576.16' feet to the north line of Liber 5055 page 286 and south line of (Emerling).

Thence west along the north line of Liber 5055 page 286 and the south line of (Emerling) 714.87' feet to the southwest corner of (Emerling) and the west line of lot 38.

Thence north along the west line of (Emerling) and the west line of lot 38 & 39, a distance of 575.03' feet to the point of beginning, and be it further

RESOLVED AND DETERMINED:

That the proposed improvement, including costs of rights of way, construction costs, legal fees and all other expenses shall be paid by the petitioner, and be it further

RESOLVED AND DETERMINED:

That the Town Clerk be, and hereby is, authorized and directed to file a certificate of this resolution in the Office of the Clerk of the County of Erie, which is the County in which the said Town of Orchard Park is located and the Office of the State Department of Audit and Control, within ten days after the adoption of this Resolution, pursuant to Section 195 of the Town Law.

Dennis J. Mill Aye

John J. Mills Aye

Paul D. Barnas Aye

David M. Buyer Aye

Nancy W. Ackerman Aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING # 4

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 adoption of Local Law No.1 - 1997, Veterans Tax Exemption.

Proponents: Joe Oberkrieser - 53 South Lane

Marvin Ashburn - 6326 Benning Road

Opponents: None

6) 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 Local Law No.1 - 1997, Veteran’s Tax Exemption is hereby closed at 8:33 P.M. (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WITH

WHEREAS, following due and timely notice, a public hearing relating to the matter of the adoption of Local Law No.1 - 1997, Veteran’s Tax Exemption, was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 19th day of March 1997 at which all interested parties were given an opportunity to be heard,

NOW, THEREFORE be it

RESOLVED, that the Town Board is authorized to approve the adoption of Local Law No. 1 - 1997, Veteran’s Tax Exemption which shall provide as follows:

Section 124-7(a) of the Orchard Park Town Code shall be added as follows:

Title: Veteran’s Tax Exemption

The Veteran’s tax exemption is hereby fixed at the maximum home value cap of $120,000 permitted pursuant to RPTL §458- a (Real Property Tax Law).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED

Old Business # 1 - Award the Brush Pickup Contract

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

WHEREAS, sealed bids for the “Brush Pickup Contract” were opened on February 20, 1997, at 11:00 A.M. (local time) in the Supervisor’s Office, in the Orchard Park Municipal Center, and

WHEREAS, the Highway Superintendent has inspected all the bids and has visited all the proposed vendors to evaluate their ability to fulfill the contract,

NOW, THEREFORE be it

RESOLVED, that the Town Board does hereby award the “Brush Pickup Contract” to Concord Engineering, 74 West Main Street, Springville NY, being the lowest responsible bidder. This contract will be effective April 1, 1997, under option one, for one year, at $54,800. This is subject to Concord Engineering securing appropriate leases satisfactory to the Highway Superintendent by April 1, 1997, as recommended by the Highway Superintendent.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED

New Business # 1 - Approval of Stable Permits

9) 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 approve the requests by 1) Chestnut Creek Farm, 5624 Chestnut Ridge Road for Stable Permit #1997-04 for a Public Stable, and 2) Johnny Chapman Training Stable, Inc., 5999 South Abbott Road, for Stable Permit #1997-05 for a Public Stable.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business # 2 - Approval for Supervisor to attend the Supervisors Forum

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

RESOLVED, that the Town Board does hereby authorize the Supervisor to attend the Annual Supervisor Forum, being held in Albany on April 6th - 8th, 1997, at Town expense.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business # 3 - (not on agenda) Summer Recreation Appointments

11) 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 approve the following resident appointments to the 1997 Summer Recreation Staff as recommended by the Recreation Director:

Name Address Position Rate Hrs

Andrew Miller 25 Briggs Dr. Grd. $4.85 30

Tom Delahunt 3901 Freeman Rd.. Dir. $5.55 35

Mike Chelus 140 Hobby Lane Grd. $4.85 30

Beth Doyle 34 Puritan Aide $4.75 30

Nick Boller 7345 Chestnut Ridge Grd. $4.85 30

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

ELECTED OFFICIALS & DEPARTMENT HEADS

12) 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 Police Chief’s request to send Lt. Ziehm and Detective Norman to the annual McLaughlin Meeting and Training Seminar in Atlantic City during the week of April 21st of this year, at shared expense with the Town and the McLaughlin Company.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, an application for a Public Improvement Permit to construct the public sanitary sewer and waterlines to serve the Quaker Crossing Retail Center was received from Quaker Crossing, LLC, 3275 Benzing Road, Orchard Park, New York.

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 does hereby approve Public Improvement Permit # 97-03 for the sanitary sewer and waterline extensions to serve the Quaker Crossing Retail Center, as recommended by the Town Engineer.

Dennis J. Mill Aye

John J. Mills Nay

Paul D. Barnas Aye

David M. Buyer Nay

Nancy W. Ackerman Aye

THE RESOLUTION WAS DULY ADOPTED

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

WHEREAS, prior to advertizing for Request for Proposals for the hiring of a consultant for the Orchard Park Library Handicapped Accessibility Project, asbestos testing must be performed on the building, and

WHEREAS, in addition to the areas affected by remodeling, the entire building should be tested, and

WHEREAS, a quote has been received from Empire Building Diagnostics, Inc., to complete an Asbestos Survey on the entire building for $1,262.00 including all labor, materials, equipment, analysis and documentation.

NOW, THEREFORE be it

RESOLVED, that the Town Board hereby authorizes the Supervisor to sign the agreement with Empire Building Diagnostics, Inc., P.O. Box 412, Depew, NY 14043, to perform and Asbestos Survey at the Orchard Park Library in the Amount of $1,262.000, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the NYSDOT is planning a Culvert Replacement Project at Route 277 (Boston Ridge Road) and Chestnut Ridge Road, and

WHEREAS, the project involves a possible conflict with a waterline owned by the Town of Orchard Park necessitating a Utility Work Agreement between the State of New York and the Town, and

WHEREAS, the agreement states that although no conflict is anticipated, the State of New York will perform any relocation or adjustment necessary to the waterline for project completion at no cost to the Town of Orchard Park

NOW THEREFORE, be it

RESOLVED, that the Town Board is hereby authorizing the Supervisor to sign the agreement (PUMA Form HC140) with the State of New York for the NY Rt. 277 (Boston Ridge Rd.) and Chestnut Ridge Road Culvert Replacement Project.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #2, following auditing by members of the Town Board in the funds indicated:

$ 73,802.73 General Fund

$ 524.36 Part Town Fund

$ 21,931.73 Highway Fund

$ 113,385.47 Special District Fund

$ 10,400.00 Trust & Agency Fund

$ 12,354.90 Capital Fund

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

Brian Young wanted to know what the next step would be in order to proceed with the rezoning request. Supervisor Mill requested that Mr. Young stay after the meeting and they would discuss what he needed to do to go forward with the rezoning.

There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilman Ackerman, the meeting was adjourned at 8:51 P.M. (local time).

UNANIMOUSLY ADOPTED

Respectfully submitted,

Janis A. Colarusso

Town Clerk