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 7th day of May, 1997 at 8:00 P.M., (local time) and the Pledge of Allegiance was led by Boy Scout Jason Schlemmer of Troop #285.
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 meetings of the Town Board, held on April 2, 1997 and April 16, 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 - Quaker Crossing - Site Plan Approval & SEQR Review.
2) 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 refer to the Planning Board and Conservation Board the request from Quaker Crossing, LLC 1) requesting Site Plan approval for the development of a 3,500 sq.ft. Building, which will house a bank on an outparcel of the Quaker Crossing Retail Center off of Milestrip Road and 2) requesting review of the Environmental Assessment Form.
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.
New Business # 1 - American Legion, North Buffalo Rd. - Permission to sell Poppies.
3) 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 request from the American Legion Auxiliary # 567, 3740 North Buffalo Road to sell poppies in the Town of Orchard Park during the month of May 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 2 - Orchard Parks & Gardens, Orchard Park Rd. - Temporary Greenhouse.
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 to the Planning Board and Conservation Board the request of Orchard Parks & Gardens, S2924 Southwestern Blvd. for a temporary greenhouse from May until August 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 3 - Approval of PIP #1997-04, Summit at Scherff, Phase 2.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
WHEREAS, an application has been received from Falcon Land Corp., 6459 West Quaker Road for Public Improvement Permit #1997-04, to construct Phase 2 of the Summit at Scherff Subdivision, which will consist of 1950 L.F. of roadway and utilities to serve 16 sublots, a sanitary sewer pump station, and a trailer mounted generator, and
WHEREAS, plans and specifications for said project are in compliance with current Town specifications and all necessary fees, bonds and insurance have been submitted
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve Public Improvement Permit #1997-04 for the Summit at Scherff Subdivision, Phase 2, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 4 - Agreement for Construction Inspection - DiDonato Assoc., PIP #97-04.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, a proposal has been received from DiDonato Associates, P.C. to perform inspection services for the Town of Orchard Park during the construction of the public improvements in the Summit at Scherff Subdivision, Phase 2, and
WHEREAS, the proposal calls for the consultant to provide on-site inspection when required, at a billing rate of $35.00 per hour which includes overhead, expenses and profit, and
WHEREAS, the developer has paid inspection fees in the amount of $18,250.00 which should be sufficient to cover the cost of consultant services
NOW, THEREFORE, be it
RESOLVED that the Town Board does authorize the Supervisor to sign an agreement with DiDonato Associates, P.C., 3121 Clinton Street, Buffalo, New York 14224 for construction inspection services on PIP #1997-04 for the construction of Summit at Scherff Subdivision, Phase 2, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 5 - Approval of PIP #1997-06, Westgate Sanitary Sewer Extension.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, an application has been received from James Sorge, Nigel Enterprises, Inc., 57 Didion Road, Lancaster, New York, for Public Improvement Permit #1997-06 to construct a 400' sanitary sewer extension to serve four (4) sublots on Westgate Blvd., and
WHEREAS, at the present time only two of these lots can be built upon as the developer is currently in the subdivision approval process for the other two, These four lots being part of the 19 sewer taps along Westgate Blvd. That are allowed by West Seneca as out of district customers from Orchard Park Sewer Dist. #18 in accordance with our agreement of March 6, 1996, 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, bonds, and insurances have been submitted
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve Public Improvement Permit #1997-06 for the Westgate Blvd,. Sanitary sewer extension, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 6 - Approval of PIP #1997-07, Fairway Subdivision, Part 3.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, an application has been received from Garret Bock, Highland Hills Inc., 557 LeBrun Road, Amherst, New York for Public Improvement Permit #1997- 07 to construct Part 3 of the Fairway Subdivision consisting of 1065 L.F. of roadway and all necessary utilities to serve twelve (12) sublots, and
WHEREAS, the subdivision map cover for said project was approved and filed in May of 1976 and the plans and specifications for this project have been upgraded to be in compliance with current Town specifications, and
WHEREAS, all necessary fees, bonds, and insurances have been submitted
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve Public Improvement Permit #1997-07 for Fairway Subdivision, Part 3, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 7 - Agreement for Construction Inspection on PIP #97-07 - Krehbiel Assoc.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
WHEREAS, a proposal has been received from Krehbiel Associates, P.C. to perform inspection services for the Town of Orchard Park during the construction of the public improvements in the Fair Fairway Subdivision, Part 3, and
WHEREAS, the proposal calls for the consultant to provide on-site inspection when required, at a billing rate of $40.00 per hour which includes overhead, expenses and profit, and
WHEREAS, the developer has been paid inspection fees in the amount of $9,250.00 which may not be sufficient to cover the cost of consultant services, depending on the contractor’s schedule
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Krehbiel Associates, P.C., 1870 Niagara Falls Blvd., Tonawanda, New York 14140, for construction inspection services in PIP #1997-07 for the construction of Fairway Subdivision, Part 3, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 8 - Recreation Dept. Summer Staff Appointments.
10) 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 approve the following resident appointments to the 1997 summer Recreation Staff as recommended by the Recreation Director:
Beau Lefevre 6444 West Quaker Grd. $5.25/hr 30 hours
Mike Campbell 169 Highland Ave. Grd. $5.25/hr 30 hours
Michele Nigon 27 Fox Meadow Grd. $5.25/hr 30 hours
Tracy Powell 45 Tanglewood West Grd. $5.25/hr 30 hours
Christy Zeitler 96 N. Davis Grd. $5.25/hr 30 hours
Peter Miller 25 Briggs Dr. Grd. $5.25/hr 30 hours
Jennifer Travers 103 Meadowbrook Aide $5.25/hr 30 hours
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #9 - Final Dedication of PIP #97-02, Vistula Ave. Sanitary Sewer Extension.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, a final inspection of the Vistula Avenue Sanitary Sewer Extension was conducted and all the work has been found to be in accordance with Town construction specification and standards, and
WHEREAS, the required maintenance bond in the amount of $2,500.00 had been received, and
WHEREAS, the sanitary sewer easement to the Town was filed at the time of dedication of the previous phase (PIP#230)
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to accept the sanitary sewer main installed at the east end of Vistula Avenue under PIP #1997-02 and be it further
RESOLVED, that the Town Clerk is hereby directed to release the performance security in the amount of $500.00, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
12) 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 budget transfers:
As recommended by the Supervisor: $ 2,500.00
From: A.1910.000.480 (contingent) To: A.6410.000.419 (publicity)
As recommended by the Receiver of Taxex: $ 205.00
From: A.1330.000.413 (travel & conference) To: A.1330.000.419 (other expenses)
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, legislation went into effect on January 9, 1997 that Chapter 309 of the Laws of 1996, section 422 through 428, delegate the responsibility for statewide enforcement of charitable fundraising ticket activity (bell jar tickets) to the New York State Racing and Wagering Board, and
WHEREAS, each municipal clerk will continue to accept, review and issue bell jar license applications pursuant to existing provisions of the General Municipal Law, and
WHEREAS, the New York State Wagering and Racing Board has arbitrarily taken over receipt of the additional license fee for bell jar operations, and there was no input on a local level on the change, and
WHEREAS, Local governments will lose needed revenue and the local organizations will lose revenue by the increase in additional fees
NOW, THEREFORE, be it
RESOLVED, that this Town Board protests this administrative change resulting in an annual loss of revenue to the Town of Orchard Park, and be it further
RESOLVED, that the Town Clerk be and hereby is directed to forward certified copies of this resolution to Governor George Pataki, State Senator Dale Volker, State Assemblyman Richard Keane and the New York State Wagering and Racing Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
WHEREAS, Nancy W. Ackerman, wife of Phil, mother of Kate and David, known as “NAN” to everyone, first took office in 1992 as Councilwoman of the Town of Orchard Park; and
WHEREAS, Councilwoman Nan Ackerman serves on numerous boards, committees, charitable organizations, and is extremely active with various youth organizations such as the Boy Scouts of America; and
WHEREAS, Councilwoman Nan Ackerman’s dedication to the betterment and education of the youths of our community led to the formation of the Orchard Park Youth Court. In addition, she has spent countless hours unselfishly giving of herself to educating the students of our community about government and our Town’s history; and
WHEREAS, Councilwoman Nan Ackerman will be honored for her extraordinary volunteer service at a reception on Thursday, May 15, 1997, at the Buffalo Convention Center, along with other business people and educators who have forged partnerships that benefit students across Western New York; now be it
RESOLVED, that for her accomplishments, years of devoted community service in which she has touched the lives of many, but especially our youths, the Town of Orchard Park joins together with the sponsors of the 1997 Pathfinders Award to honor Councilwoman Ackerman;
NOW, THEREFORE, the Town Board of the Town of Orchard Park, in the County of Erie, in the State of New York, hereby honors and acknowledges Councilwoman Ackerman as recipient of the 1997 Pathfinders Award.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, the County of Erie requires a temporary easement from the Town in connection with necessary repairs to Erie County Sewer District No. 3 in the Smokes Creek area where the sewer trunk line has become exposed
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to execute a temporary easement with the County of Erie allowing the repair work to be done at the Honeycrest Playground.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO
RESOLVED, that the Town Board is hereby authorized, under the provisions of the New York State Personal Property Law, to schedule a public auction for May 17, 1997 at 9:00 a.m. (Local time) for sale to the highest bidder, unclaimed bicycles and other items that the Orchard Park Police Department has acquired during the past year, as recommended by the Police Chief.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, a proposal has been received from TVGA Engineering, Surveying, P.C. to perform inspection services for the Town of Orchard Park during the construction of the public waterlines for the Quaker Crossing Retail Center, and
WHEREAS, the proposal provides for on-site inspection when required at a billing rate of $40.00 per hour which includes overhead, expenses and profit, and
WHEREAS, the developer has paid inspection fees in the amount of $14,200.00 which will be adequate to cover the cost of consultant services for the waterline portion of the work, and
WHEREAS, on March 19, 1997, the Town Board approved the public improvement permit for both the sanitary sewer and waterlines that will service said development. The sewers have already been installed, inspected by Town Engineering personnel, however, with the current level of construction throughout the Town, all Town available inspectors are being utilized on other projects
NOW, THEREFORE, be it
RESOLVED, that the Town Board does authorize the Supervisor to sign an agreement with TVGA Engineering, Surveying, P.C., 1000 Maple Road, Elma, New York 14059 for construction inspection services on PIP #1997-03 for the construction of public waterlines for the Quaker Crossing Retail Center.
Dennis J Mill Aye
John J Mills Nay
Paul D Barnas Aye
David M Buyer Aye
Nancy W Ackerman Aye
THE RESOLUTION WAS DULY ADOPTED.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #9, following auditing by members of the Town Board and in the funds indicated:
$ 243,644.19 General Fund
$ 1,858.36 Part Town Fund
$ 17,266.10 Highway Fund
$ 45,543.66 Special District Fund
$ 1,087.20 Trust & Agency Fund
$ 16,975.00 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
19) 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 communications as entered on the agenda: 1) Town of Amherst - Adopted resolution re: their continued support of Erie Community College’s North Campus and their opposition to its closing, asking the County Executive and County Legislature to refrain from said closing, 2) Town of West Seneca - Adopted resolution protesting the enactment of a new Bell Jar Ticket Law which will result in a loss of revenue to the Town even though the Town would still continue to oversee the issuing of said license. 3) Village of Orchard Park - Adopted resolution adopting the Town of Orchard Park’s Games of Chance Ordinance and allowing the Town of Orchard Park to administer said Games of Chance. 4) State of New York - Reconstruction on Route 277 North of Route 240. Enclosed in the letter where the contract plan sheet for the project. 5) Erie County Legislator - Public Hearing Scheduled: Notice is hereby given that a public hearing will be held by the Legislature of the County of Erie, at the Eden Jr. and Sr. High School, 3150 Schoolview Road, Eden NY, on the 27th day of May, 1997 at 7:30 P.M., on said day, on the Eden Valley, Eden-Boston and Eden-Langford Agricultural Districts, 8-Year Review, including any proposed modifications (additions/deletions).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
20) 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 receive and file the following report as entered on the agenda: 1) Building Inspector’s Monthly Report and Building Permits for the month of April 1997, and 2) Police Department Monthly report for April 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
1. Debbie Penn, 7273 Michael Rd.
2. Michael Crashell, 7283 Michael Rd.
The above residents had questions regarding rezoning and the manner of notification for the Cluster Development Project on Baker Road. At this time, Town Attorney Berkowitz reviewed the procedures for a Cluster Development, and cited the Town Code from section 144-145. All Town Board members stated they would be attending the Cluster Development meeting being held for the residents on Monday night May 19th, 1997 at which all questions would be answered.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:30 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk