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 March, 1984 at 8:00 P.M. EST and there were
PRESENT AT ROLL CALL:
E. B. Woodard Supervisor
J. J. Diggins Councilman
D. J. Mill Councilman
D. P. Curley Councilman
J. J. Mills Councilman
Betty K. Reukauf 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
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 2/15/84, 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 UNANIMOUSLY ADOPTED.
Ronald Tillman, 4566 Freeman Road, member of Scout Troop #288, attended the meeting as part of the requirements to complete his Communications Badge.
Old Business #1 - R.H. Caputo, Big Tree Rd.- Limitation of rezoned property.
Mr. Raymon H. Caputo, 5820 Big Tree Rd. appeared before the Town Board and requested the Board to consider changing the limitation to an insurance office on the property at 5820 Big Tree Rd. as rezoned from R-3 to I-1 on February 15, 1984 to limitation Article #1 - Permitted Uses and Article #2 - Nuisance, Violations and Safety Factors governing the Quaker Centre Industrial Park.
A discussion of this matter was held by the Town Board and the Town Attorney shall draw an agreement to be executed by the Town of Orchard Park and Mr. Caputo reflecting the limitations.
New Business #1 - International Cable - Attaching to utility pole to service Hamburg.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from International Cable, 789 Indian Church Road, West Seneca to attach to utility Pole #121 1/4 / 1 located on the southeast intersection of Armor Road and South Abbott Road for the sole purpose of serving Town of Hamburg residents with cable TV as recommended by the Town Attorney.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - City Fence, N. Buffalo Rd. - Change in Use from Pet Shop to Fence Sales.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and the Conservation Board the request from City Fence, Inc., 3670 N. Buffalo Rd. for a Change in Use to open a Fence Sales Office in former pet shop with exterior display on adjoining vacant land.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 (not on Agenda) - C.I.D. Refuse Service - Use of old Torrax Property.
3) 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 refer to the Planning Board and the Conservation Board the request from C.I.D. Refuse Service, P.O. Box 150, Hamburg, N.Y. to consider the use of the old Torrax Property on Southwestern Blvd. as a Truck Terminal Office, recycling Center and Transfer Station.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 (not on Agenda) - Orchard Parks & Gardens, Southwestern Blvd.) Nursery.
4) 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 refer to the Planning Board and the Conservation Board the request from Orchard Parks and Gardens, 2924 Southwestern Blvd. to construct a Sales and Display building for a Nursery.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney and Building Inspector to proceed with Legal Procedures to remove the unsafe building and/or collapsed building at 7197 Gartman Road - reputed owner John E. Pfaffenbach, pursuant to Section #130 of the Town Law, and be it further
RESOLVED, pursuant to Article 2, Section 5-14 thru 5-23 of the Orchard Park Town Code,
the owner of premises located at 7197 Gartman Road, John E. Pfaffenbach is hereby directed to commence the securing or removal of such structure within 15 days of the date of this resolution 3/7/84.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:
WHEREAS, the Town Board on January 1, 1984 at the Organization Meeting did schedule Town Board meetings on the 1st and 3rd Wednesdays of every month in 1984, and
WHEREAS, the 1st Wednesday in July falls on the holiday July 4th
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to reschedule the July 4th Regular Town Board Meeting to Thursday, July 5, 1984 at 8:00 P.M. EDT in the Board room.
E. B. Woodard Aye
J. J. Diggins Nay
D. J. Mill Aye
D. P. Curley Aye
J. J. Mills Aye
THE RESOLUTION WAS DULY ADOPTED.
Supervisor Woodard reported 1) the Parks and Grounds Dept. has cleaned up the area and debris left at the site of the Lancaster Homes Office on Regalwood. Bank of New York was billed for the cost of this project and the Town is in receipt of a check for the cost, and 2) the Village of Orchard Park has scheduled a meeting re: Water Pump Station on Lake Avenue on March 12, 1984 at 3:30 P.M. EST.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
8)
RESOLVED that the Town Board be and is hereby authorized to direct the Building Inspector to issue a Building Permit to Enidine, Inc., Quaker Centre Industrial Park as recommended by the Town Engineer following his final approval of revised plans dated 2/14/84.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the appointment of the following to the Fall/Winter/Spring Recreation Staff as recommended by the Recreation Director:
Mike O'Bradovitch 16 Pilger Pl. Rec. Aide $3.00/Hr 2-1/2/Hr.Wk.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Diggins reported the work sessions being held re: the Town Hall needs have been very productive and at this point 3 or 4 options available to the Town are being thoroughly reviewed with the needs of the Town and the cost factor being top priority.
Councilman mill 1) reported his receipt of a letter from Reverend Roy Green commending the Youth Director Thomas McGinty for his efforts and diligence in working with the Youth Board and youth of the Town. On behalf of the Town Board and the residents of the Town, he thanked Mr. McGinty for his dedication to the Town, 2) thanked Chief Henning for his excellent report on the Association of Towns Conference in New York February 19 - 22, 1984, 3) reviewed once again the Orchard Park Cable TV fees to the Town of Orchard Park of 3% and 2% to the State from Global TV is the Franchise Fee set by the FCC, 4) reported residents on Southwestern Blvd., east of Hazel Court, have made it known that they would like to subscribe to Cable TV. Since International Cable has
connections on the opposite side of the street, the Town Board requested Councilman Mill to contact these residents of Orchard Park and request they contact International
Cable for their TV service, and ) requested the Building Inspector to check the status of the house in Liberty Park that has been boarded up after a fire, and ii possible find out when the owners intend to raze or rebuild it, as residents in that area are very concerned as it is a safety hazard.
Councilman Mills reported the Zoning Commission is reviewing the need for restrictions for churches, satellite dishes, PUD zoning, etc. There will be a speaker at the next Zoning Commission meeting on Drilling of Wells and all Town Board members are invited to attend and 2) requested the Town Board consider scheduling a Public Information meeting to hear the residents ideas and input in the matter of the need for expansion of Town Hall services.
Town Attorney Leonard Berkowitz reported Town Engineer Michael Merritt, Special Districts Attorney Joesph McCarthy and he are in the process of reviewing the contract for S.S. #18 with the County of Erie for the Milestrip Sewer Project. Hopefully, it shall be completed by the next meeting which will allow Orchard Park to be a part of that sewer project. A meeting has been scheduled with Mr. Alessi from the County of Erie on 3/9/84 at noon at his office to finalize some of the problems.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to receive and file the Map Plan and Report for the proposed Minden/Ridgewood Sanitary Relief Sewer in Orchard Park S.S. #8 as prepared by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to adopt the Order scheduling a Public Hearing on April 4, 1984 at 8:15 P.M. EST in the matter of the proposed Minden/ Ridgewood Sanitary Relief Sewer in Orchard Park S.S. #8, and be it further
RESOLVED a copy of this Order is attached to these minutes, and be it further
RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) 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 Warrant #4 and the End of Month Warrant for February 1984 following auditing by members of the Town Board and in the funds indicated:
WARRANT #4 END OF MONTH
GENERAL FUND $ 50,611.33 $ 54,325.94
PART TOWN FUND 273.81 2,702.63
FEDERAL REVENUE SHARING FUND 1,094.50 1,117.24
HIGHWAY FUND 10,783.17 20,663.31
SPECIAL DISTRICTS FUND 129,588.29 6,293.73
TRUST & AGENCY FUND 30,726.98 1,431,059.66
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) 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 receive and file the communications as entered on the Agenda:
1. Town of Concord, Town of Lancaster, Town of Brant - Adopted resolutions supporting the completion of E.C. Real Property Information System Project by the County of Erie.
2. E.C. D.P.W. - Opinion of E.C. Attorney re: removal of dead animals from County Highways.
3. John L. Pauley - re: Access road and parking lot servicing Holiday Health Fitness Center, 3155 Orchard Park Road.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to receive and file the Building Permits and Building Inspector's Report for February 1984.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Kenneth Burgwardt, 6105 Newton Rd. voiced his concern in the matter of the water problems on Newton Road. He wanted the Town Board to be aware of the fact that many of the residents in that area have water and are not in favor of the creation of a water district. These residents feel it is unfair to place the burden of the cost of construction of a district on these who have water to satisfy the very few who do not have water. Town Attorney Berkowtiz explained the petitions for or against the water district are filed on assessed evaluation, not per property owner. This is governed by State Statute #191 of the Town Law. Mr. Burgwardt stated he felt this was discriminatory as a much smaller number of residents with much higher combined assessed valuation could over rule a larger number of residents with a lower combined assessed valuation.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:04 P.M. EST.
Respectfully submitted,
Betty Reukauf
Town Clerk