Town Board - November 21, 1984

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 21st day of Nov-ember, 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

J. M. Wolf Deputy Town Attorney

R. W. Sweet Building Inspector

R. C. Henning Police Chief

R. A. Geitter Supt. of Highways

M. R. Merritt Town Engineer

ABSENT:

L. Berkowitz Town Attorney - vacation

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 MILL, WHO MOVED ITS' ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 11/7/84, 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.

1) 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 schedule a Public Hearing on December 19, 1984 at 8:15 P.M. EST in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, 13-83 Signs in Business or Industrial Districts, which amendment provides as follows:

13-83(A)(9) [Adjacent Property] OFF PREMISES SIGNS

Where it is not practical [for reasons of] to obtain necessary visibility [to place] from an identification sign on the premises, the Town Board may, upon recommendation of the Planning Board, grant permission to erect [a sign (which is otherwise permitted by this Chapter) on adjacent property] an off premises identification sign provided that:

(a) 1. that the applicant has demonstrated a need for such off premises identification sign(s) in order to alleviate a practical difficulty for the general public to locate and identify the applicants' place of business; and,

2. that the proposed off premises identification sign(s)

represents the most efficient use of signage under the circumstances. For any group of businesses similarly disadvantaged by a difficulty of the general public to locate and identify their premises, a single off premises identification sign common to all such businesses shall be deemed the most efficient use of such signage as opposed to separate off premises identification signs for each such business; and,

3. that the proposed identification sign(s) is harmonious with its surroundings under the circumstances presented.

(b) Notwithstanding any other provisions stated in this subsection:

1. The text of all such off premises identification sign(s) shall be permanent in nature; and,

2. The primary purpose of such off premises identification sign(s) shall be to assist the general public in locating and identifying such businesses as opposed to advertising the nature of such business' goods, wares, merchandise, or services; and,

3. The proposed off premises identification sign(s) is otherwise permitted by this Chapter.

(c) Should it be determined that an application is prompted by economic factors rather than a difficulty of the general public to locate and identify the applicants' place of business, or that any hardship is self-inflicted, the application shall be denied.

(d) The provisions of this subsection shall-be strictly construed.

(deleted from existing statute) proposed amendment

and be it further

RESOLVED that the town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - E & M Fabrication & Welding, S. Benzing Rd. - Bldg. Permit for addition.

2) 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 E & M Fabrication & Welding, 3566 South Benzing Road, for a Building Permit to construct a 50'x20' addition as recommended by the Planning Board 11/14/84, and be it further

RESOLVED that Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - P. Halas, Southwestern Blvd. - Bldg. Permit for Tropical Plant Sales.

3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from Peter Halas, 2911 Southwestern Blvd., for a Building Permit to build a 40'x60' building for Retail Tropical Plant Sales as recommended by the Planning Board 11/14/84 with stipulations for Town Engineer's approval and Landscape Plan, and be it further

RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - March of Dimes, Franklin St., Buffalo - Walk-A-Thon Sunday in 1985.

4) 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 from March of Dimes, 470 Franklin Street, Buffalo, N.Y. to hold a Walk-A-Thou Sunday 4/28/85 from 9:00 A.M. to 5:00 P.M. in the Town of Orchard Park.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - W.N.Y. Independent Living Project, Inc. - Accessibility Evaluation.

At this time, Supervisor Woodard announced that a delegation of disabled persons would appear at the meeting as they had requested to be put on the Agenda.

New Business #1 - Town Clerk to make reservations for Association of Towns - 1985.

5) 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 Town Clerk to make reservations for the Association of Towns Seminar in New York City, 2/17/85 to 2/20/85.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the following transfers as requested by the Building Inspector:

$200.00 from 3620.412 to 3620.413 and $250.00 from 3620.445 to 3620.413

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

7) 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 following appointments to the Recreation Fall/Winter/Spring Staff as recommended by the Deputy Recreation Director:

Wendy Welshans 5435 S. Freeman Cross Country Ski Ass't. Dir. $4/HR 4HR/WK

Colleen Brown 12 Fir Top Cross Country Ski Aide $3/HR 4HR/WK

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to refer to Police Chief Henning for review and recommendation, the request from Richard J. Rosche, Esq., 640 Statler Building, Volunteer with the American Cancer Society, to conduct their 5th Annual Motorcycle Fun Run to fight cancer and a Parade of Motorcycles for Hope in the Town of Orchard on June 2, 1985.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

( Old Business #4 )

At this time David Page, Executive Director of Buffalo Mayor James D. Griffin's Office for the Disabled and Douglas Usiak, Executive Director of the Western New York Independent Living Project entered the meeting with two or three others who were able to climb the stairs.

Supervisor Woodard, Town Board Members, and many of the Department heads left the Podium and went downstairs to the outside front of the Municipal Building to be of assistance to the handicapped that needed help to get to the Board Room. Upon returning to their respective seats on the Board Podium, the following conversation took place:

Mr. David Page ... We met with Mr. Woodard yesterday and we are very pleased with his response and his cooperative attitude that we're looking to develop as far as developing increasing accessibility for people with disabilities. There are a number of people in wheelchairs that are outside as there was in October of last year. It gets colder every year, I can tell you that. What we're asking for is, again, compliance with the law as far as accessibility is concerned. We're asking for cooperative effort. We're not demanding - we're reminding, encouraging and asking for return cooperation.

What we can do is provide you with expertise, with advice on how to make a building accessible. We can't give you the money but we can certainly support you in your request for that money. We realize that there are fiscal restraints in accomplishing the goals. I would say there is probably not a building in Western New York that meets all the accessibility standards. It's a matter of developing priorities, by getting these priorities as fast as you can these monies become available.

Again, speaking on behalf of individuals that are downstairs in wheelchairs, I hope I am relaying to you their message. I think probably the key here to the message that they wanted me to get across to you is a feeling of cooperation. We met with Mr. Woodard yesterday at "Thelma's", had a great breakfast and coffee. We know we have a friend in Mr. Woodard and in this Board and we offer our support to your efforts. Thank you!

Supervisor Woodard... Thank you!

Mr. Douglas Usiak ... We were also out there last October and we came on behalf of an individual that had a particular problem, And then in June I felt very encouraged when Mr. Woodard responded to a letter that we sent offering our assistance and our area expertise to do some work on behalf of Orchard Park from the request made by local businessmen, I believe last October. We were very happy to do this study. This was only the second study of this kind that we had done in the Western New York area. We serve the upper five Counties and I commend the Town for doing that as we acknowledged, also that West Seneca did a similar study. It's a beginning. It's a beginning for re-cognizing the needs of persons with disabilities.

What I want to do at this time, I realize and I'm sure you all realize we sent you a bill. But thats where our billing stops... The Western New York Living Project is a consumer citizen run, non-profit agency. We have disabled people on our Board, we have disabled people working in our offices, and we have disabled people who work as volunteers in our agency to assist the area who need compliance with the law to help integrate the disabled person into the society of the community where they live.

I'm here today to offer you, and I'll put this in quotes because my reputation, as David Page knows, is of being somewhat skimpy or cheap, "free of charge", continued cooperation as far as helping you determine program access. What I mean by program access is-to sit down and review the working document report that we gave you to determine ways that you can make the program accessible at minimum expense. To maybe not put in elevators if elevators are not needed in some cases of program accessibility, to work towards ramps or maybe to locate or find areas where you have other offices which may fit the change of office areas. It is a very detailed thing. I understand that the laws of the Federal Revenue Sharing Act implemented in January is very taut and that you have to run very quickly to catch up to it all. We are willing to work with you. I want to eliminate anything that has happened in the past because the reason we're here today is due to requests of several' citizens of Orchard Park that contacted members of my Board of Directors and I want to eliminate that type of feeling that persons with disabilities have received in Orchard Park and show that the Town of Orchard Park is in good faith trying to remedy their problem in working towards greater accesibility for the disabled.That's all I have to say.

Supervisor Woodard... Does anybody else like to be heard on it ??

We do appreciate the fact that you people are out here and we do appreciate the fact that you are very very concerned. I speak for myself, and I think we'll let the Board speak for themselves, but we will cooperate 100%, but we can not do it per se until after 1/1/85 when our budget comes out as we have stipulations that we have to watch for before January. We have approved our budget, but we must concern ourselves with getting an architect on board. Yesterday it was suggested that there is an architect within your group that will be very helpful. I just met him downstairs.

I would like to, as personally concerned, to dispel any rumors or anything else that you hear that the Town Board of the Town of Orchard Park is not a cooperative Board. Each one of these Councilmen can speak for themselves.

Councilmen Diggins ... I don't think it's necessary to elaborate. Certainly I echo your sentiments. I think, had the Board moved in a positive direction one way or the other with an addition, I am sure by now it would be including elevators and accessibility ramps etc. It was a big decision that we had to make - our addition - and it's in kind of a hold pattern right now and I think the Board is in agreement that right after the first of the year we will get back to this matter of our own particular town space, whatever direction that might take now. As I said, it branched off in several direct-ions and kind of faded out, but that has got to be reinstituted again, our own needs and certainly right from the beginning... I tell you, and I told you last year and I know I speak for the entire Board, that anything we do will reflect your ideas. We certainly welcome the fact that we can include people who want to attend our meetings and presently can't. There is not a member here, I am sure, that would disagree with what I am saying. Just to reiterate what our Supervisor said, we'll proceed in that direction.

Councilman Mill ... I think, just as Councilman Diggins has said, our future plans, which appear as though they seem to be centering around this building now, there are other projects which this Town had to look at from various points of view, mainly financial.

We have preliminary plans for the building which may or may not be used, but I can say, as Jim has said, that the problem of making our building accessible to the handicapped has been foremost in our minds. It has been ranked at the top of the list or near the top of the list of those items which we must address as we renovate this building. It will be of course, much easier to incorporate that in some form of addition to the building than it would be to try to alter the present structure as I'm sure anyone who is as close to it as you people are know what the cost is to try to alter an existing structure as it is to an alternative to incorporate it in a new structure. I believe that is where we're at. I don't think we've felt any other way.

Councilman Curley ... I just want to bring out some of the things that we have done since you were here last October.

We took a look at some 13 alternatives for the Town Hall. We did a needs assessment, we looked at the requirements our different Department Heads had for their departments thru 2010. We looked at that, we got our Town Engineer and we got an outside consulting architect to give us some alternatives. We looked at those very closely. In every case, in each one of those 13 alternatives, there was provisions for handicap access. It is not like we have not been addressing this, we just haven't made a decision yet.

Councilman Mills ... I'd like to reflect upon what my colleagues have said. We're al-ready studying the project of municipal expansion. I was one of the Councilmen for a new Town Hall which would have obviously solved your problem. I can promise you in 1985 and the rest of 1984 that I personally, along with my colleagues, will work to make sure that we have the handicap situation accessibility in any structure we're in solved as soon as possible. You have my promise on that.

Supervisor Woodard... We'll give you a copy of these statements so you will have it on record.

Mr. Douglas Usiak ... What I-will do, on behalf of the town of Orchard Park, since, off hand we serve between 10 and 15 disabled individuals in the Orchard Park area and several have contacted our Board, that when these minutes are received in my office, we shall include them in the next newsletter so the residents who have disabilities are aware of the direction the Town's thinking. They will know that you're making movement and not just sitting still.

Supervisor Woodard ... Fine... If you have any more calls, we can meet at "Thelma's" if you bring your wallet this time. As you know, it wasn't 12 hours before we were meeting, once you called.

Mr. Douglas Usiak ... We just request, if possible, you can involve either residents with disabilities in the Town of Orchard Park with your plans or call our office, as I said, there will be no charges, we have a need for those people who live here.

Supervisor Woodard ... One thing ... if there is someone who lives in town who wishes

to become involved, please call them or tell them to call me and come to see me... If they can't get up to me I'll be glad to come down to them.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

WHEREAS, Woodstream Nurseries deposited money in lieu of a Landscape Performance Bond with the Town of Orchard Park for Enidine, Inc., 7 Centre Drive, and

WHEREAS, Woodstream Nurseries has requested the release of 50% of the deposited monies as per Town Ordinance, and

WHEREAS, Donald G. Ward from Grever & Ward, Inc. has reviewed the landscaping favorably

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to return Five Hundred twenty-five ($525.00) Dollars, that being the allocated sum for the Performance Bond deposited with the Town of Orchard Park to Woodstream Nurseries, Inc., 8500 Wolcott Rd., Clarence Center, N.Y. 14032 as recommended by the Building Inspector.

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 approve all entries on Warrant #20 following auditing by members of the Town Board and in the funds indicated:

WARRANT #20

GENERAL FUND $97,500.35

PART TOWN FUND 3,221.02

FEDERAL REVENUE SHARING FUND 2,123.76

HIGHWAY FUND 55,864.77

SPECIAL DISTRICTS FUND 46,050.30

TRUST & AGENCY FUND 31,748.27

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT: