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 July, 1984 at 8:00 P.M. EDT and there were
PRESENT AT ROLL CALL:
J. J. Diggins Deputy Supervisor
D. J. Mill Councilman
D. P. Curley Councilman
J. J. Mills Councilman
ABSENT:
June E. Cooper Deputy Town Clerk
L. Berkowitz Town Attorney
R. W. Sweet Building Inspector
R. C. Henning Police Chief
R. A. Geitter Supt. of Highways
M. R. Merritt Town Engineer
E. B. Woodard Supervisor - Out of Town
Betty K. Reukauf Town Clerk – Vacation
The meeting was called to order by the Deputy Supervisor, and the Pledge of Allegiance was rendered.
APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board., held on 6/20/84, as presented by the Town Clerk, be and are hereby approved, and be it further
RESOLVED that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.
THE RESOLUTION WAS DULY ADOPTED.
Old Business #1 - Award Bids for Highway Used Materials.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY DEPUTY SUPERVISOR -DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to award the bids for the following Highway Used Materials to the highest bidder as recommended by the Highway Superintendent:
David Spahn 1965 Ford Stake Truck $327.50 2765 Southwestern Blvd.
Orchard Park, NY 674742
Henry L. Dinder 8 Cords of Fire Wood $276.00 S4270 Abbott Rd.
Orchard Park, NY 649-5741
Henry T. Dobson Small Gas Cement Mixer $300.00 32 Woodlawn
Lancaster, NY 14086 684-7234
John Staley 1977 Chevrolet Wagon $425.00
425 Deer St. 1978 Plymouth Sedan $425.00
Dunkirk, NY 14048 1976 Ford Van $600.00
366-5487 +Ton Utility Trailer $325.00
Kevin Struck 1975 +Ton Pickup $500.00
5425 Webster
Orchard Park, NY
and be it further
RESOLVED the Highway Superintendent did reject all bids on the 1545 Ford 6 x 6 with compressor.
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - Remove from Table Amendment to Personnel Rules & Regulations.
Councilman Mill requested this item to be continued on the Table.
New Business #1 - N.Y.P.I.R.G., door to door canvass in month of July.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from N.Y.P.I.R.G., 400 Leroy Ave., Buffalo, N.Y. to conduct a charitable door to door canvass in the Town of Orchard Park during the month of July, 1984, and be it further
RESOLVED this solicitation shall be done prior to dusk in a community of this nature.
THE RESOLUTION WAS DULY ADOPTED.
Deputy Supervisor Diggins reported the Town of Orchard Park has been officially notified that the Michael Jackson Concert is scheduled to be held at Rich Stadium 9/28/84 and 9/29/84 with a possible 3rd Concert on 9/30/84. He has received many phone calls from residents objecting to these concerts, stating many Towns and Cities have refused to allow them. This is a County owned property, County controlled and we have no control over the scheduling of this property. However, the burden and cost that this concert shall put upon the Town is of great concern to this Town Board. We shall negotiate with the Promoters of this concert for full compensation for the cost of added Police Personnel and all related expenses thus establishing a policy for use in the future.
Councilman Mill asked Police Chief Henning if he had received communications re: the Michael Jackson Concert. Chief Henning stated he had received a phone call to confirm the concert for at least two nights and possibly three.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY DEPUTY SUPERVISOR DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the appointment of the following to the Summer Recreation Staff at the salary as stipulated and as re-commended by the Recreation Director:
TENNIS
Julie Winistorfer 17 0 41 Green Lake Asst. Dir. $3.20 25-30
SWIM
Cindy Cesar 19 3 4991 Murphy Sub. $3.20 varies
THE RESOLUTION WAS DULY ADOPTED.
PUBLIC HEARING
At 8:15 P.M. EDT, the Deputy Supervisor called for the Public Hearing in the matter of the property at 6042 Emerson Drive.
At this time, Town Attorney Leonard Berkowitz explained the purpose of the Public Hearing is to provide a forum whereby the representative of the owners of the premises at 6042 Emerson Drive may appear and dispute the findings of the Town Building Inspector. The Building Inspector has made a determination that this building is a public nuisance, is not worth repairing and should be demolished.
Town Attorney Berkowitz introduced George Blair, Jr. Esq. representing the owners and titled owners of the property at 6042 Emerson Drive.
Building Inspector Robert Sweet set forth his report indicating what the problems are with the building, why its a public nuisance and why it should be demolished. The extensive damage was due to a fire and there is very little salvage value.
A copy of this report is attached to these minutes.
Attorney Blair stated he had inspected the premises at 6042 Emerson Drive and he is in full agreement with the determination of the Building Inspector. He requested that any salvageable material be credited to the owners.
The following spoke from the audience:
John Muscalino, 6047 Berkley Drive - Requested how much time it will take to do this job and what the property will look like when it is completed.
Leonard Augustine, 6055 Emerson Drive - Wanted to know who will maintain the property in the future.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL,
WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Public Hearing in the matter of the property at 6042 Emerson Drive be and is hereby closed at 8:23 P.M. EDT.
THE RESOLUTION WAS DULY ADOPTED.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL , TO WIT
WHEREAS, it is necessary to demolish the burned out house at 6042 Emerson Drive, and
WHEREAS, K.L. Burgwardt Construction, 6105 Newton Road, Orchard Park did submit a bid to remove the building, fill the cellar with bank run gravel and put the premises in clean order, and
WHEREAS, salvage rights to materials from the building shall be negotiated by owners and Contractor
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to execute the contract with K.L. Burgwardt Construction in the matter of the demolition and removal of building and basement located at 6042 Emerson Drive in an amount not to exceed Five Thousand Two Hundred ($5,200.00) Dollars, and be it further
RESOLVED all costs of removal of the building be assessed to the property owners.
THE RESOLUTION WAS DULY ADOPTED.
Attorney Blair publicly thanked Attorney Berkowitz for his help in the matter of the residence at 6042 Emerson Drive.
Councilman Mill requested clarification of the notice from the Board of Election re: waiver of voter accessibility for two districts.
The Deputy Town Clerk explained the Board of Elections had approved the Town's request to waive, for the year 1984, the requirement to make Election Districts #3 and #15 in the basement of the Town Hall accessible for the handicapped.
Councilman Mill reported on a meeting with residents of Vistula Ave. re: drainage problems. The Town has been aware of the need for reconstruction of Vistula Ave. which would alleviate most of these problems. The Superintendent of Highways and the Town Engineer are in the process of reviewing the area in this matter. Mr. and Mrs. David Downey, 160 Vistula Ave. and William Raab, 120 Vistula Ave. appeared before the Town Board and expressed their grave concern with the drainage problems in their area.
A discussion was held by the Town Board and Deputy Supervisor Diggins requested the Highway Superintendent and Town Engineer to make a survey to relieve the drainage problems until such time as funds are available for the total reconstruction of Vistula Avenue. When a temporary solution has been made, a meeting shall be held with the residents to keep them informed.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request of the Highway Superintendent to purchase, at State Contract Bid, a front cutting Industrial Yazoo mower from Savilles Farms, Inc., 3910 N. Buffalo St., Orchard Park in an amount not to exceed Four Thousand eighty-five ($4,085.00) Dollars as provided in the budget.
THE RESOLUTION WAS DULY ADOPTED.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from the Town Engineer to purchase one (1) I.B.M. Personal Computer for the Engineering Department including basic software and hardware and one (1) year Service Contract at State Bid Contract at a cost not to exceed Three Thousand thirty-eight ($3,038.00) Dollars, plus the Epson FX100 Primer, Interface Cable and one (1) year Service Con-tract from Computer World, 6464 West Quaker St., Orchard Park at a cost not to exceed Eight Hundred sixty ($860.00) Dollars for a total expenditure not to exceed Three Thousand Eight Hundred ninety-eight ($3,898.00) Dollars.
THE RESOLUTION WAS DULY ADOPTED.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to execute the Contract between the Town of Orchard Park and the Village of Orchard Park in the matter of the Village owned water pumping station on Lake Ave. between Minden Drive and Lakewood Drive as recommended by the Town Attorney. A copy of this Contract is attached to these minutes.
AGREEMENT
THIS AGREEMENT made and entered into on the 25th. day of June, 1984, by and between the VILLAGE OF ORCHARD PARK, a municipal corporation organized under the Laws of the State of New York, maintaining its office at S-4295 South Buffalo Street, Orchard Park, New York, (hereinafter called the "Village") and the TOWN OF ORCHARD PARK, maintaining its offices at S-4295 South Buffalo Street, Orchard Park, New York, a municipal corporation organized under the Laws of the State of New York (hereinafter called the "Town").
WITNESSETH:
FIRST: The Village of Orchard Park owns and maintains a water pumping station on Lake Avenue between Minden Drive and Lakewood Avenue.
SECOND: The Town of Orchard Park requires the services of the pumping station referred to in paragraph "First" in order to maintain water pressure in the various water districts in the Town of Orchard Park.
THIRD: The Village hereby agrees to continue to operate and maintain the pumping station to the extent that its employees will observe the pumping station on a daily basis to insure that such pumping station is operating properly.
FOURTH: The Town hereby agrees to pay any fees to the Erie County Water Authority and to the New York State Electric and Gas Company relating to the operation of the pumping station during the term of this agreement.
FIFTH: The Town agrees to pay the cost of any repairs that are necessary to maintain the pumping station in proper working order.
SIXTH: The Town agrees to provide insurance covering the premises referred to herein in an amount equal to that insurance which is presently maintained by the Village.
SEVENTH: The Village agrees to continue to provide snow plowing services and lawn mowing services.
EIGHTH: The term of this agreement shall be for a period of one (1) year beginning on the 25th. day of June, 1984, through the 24th. day of June 1985.
NINTH: This agreement shall bind the successors, assigns and representatives of the parties hereto.
TOWN OF ORCHARD PARK
Eugene B. Woodard, Supervisor
VILLAGE OF ORCHARD PARK
George Knaisch, Mayor
THE RESOLUTION WAS DULY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve all entries on the End of Month Warrant for June, 1984 and Warrant #12, following auditing by members of the Town Board and in the funds indicated:
WARRANT #12 END OF MONTH
GENERAL FUND $60,305.21 $53,656.63
PART TOWN FUND 139.24 2,485.23
FEDERAL REVENUE SHARING FUND 1,714.31 1,117.24
HIGHWAY FUND 6,966.65 18,711.98
SPECIAL DISTRICTS FUND 26,358.84 6,242.83
TRUST & AGENCY FUND 28,074.29 296.00
THE RESOLUTION WAS DULY ADOPTED.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY DEPUTY SUPERVISOR DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to receive and file Communication #1 as entered on the Agenda:
THE RESOLUTION WAS DULY ADOPTED.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY DEPUTY SUPERVISOR DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT :
RESOLVED that the Town Board be and is hereby authorized to receive and file Communication #2 as entered on the Agenda:
2. Petition signed by residents requesting traffic control device at the intersection of Timberlake Drive and Fawn Terrace
and be it further
RESOLVED the Town Board be and is hereby authorized to approve the request for a 3 Way Stop Sign at the intersection of Timberlake Drive and Fawn Terrace pending the approval by the Safety Committee and the Police Chief, and be it further
RESOLVED the Town Attorney be and is hereby directed to draw this order in it's proper form, and be it further
RESOLVED the Highway Superintendent be and is hereby directed to post the necessary signs upon receipt of this order.
THE RESOLUTION WAS DULY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY DEPUTY SUPERVISOR DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to receive and file Communication #3 as entered on the Agenda:
3. Chamber of Commerce - Letter stating the need for the Town to review Chapter 8 - Licenses and Business Regulations - Article II Peddlers & Solicitors.
THE RESOLUTION WAS DULY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to receive and file the Building Inspector's Report and Building Permits for the month of June 1984.
THE RESOLUTION WAS DULY ADOPTED.
BUSINESS FROM THE FLOOR
Dolores Matwijow, 4155 Abbott Road - Requested information re: scheduled Jackson Concert to be held at Rich Stadium.
There being no further business before the Town Board, the Deputy Supervisor adjourned the meeting at 9:24 P.M. EDT.
Respectfully submitted,
Betty K. Reukauf
Town Clerk