Reg. Mtg. #14 Mtg. #16 7/20/88 Page 1
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 20th day of July, 1988 at 8:00 P.M. EDT and there were
PRESENT AT ROLL CALL: E. B. Woodard Supervisor
D. J. Mill Councilman
D. P. Curley Councilman
J. J. Mills Councilman
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
ABSENT: Betty K. Reukauf Town Clerk - ill
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 6/15/88, 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 MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS a vacancy on the Town Board was caused by the untimely death of Councilman James J. Diggins on June 14, 1988, and
WHEREAS it is the duty of the Town Board to fill the vacancy to bring the Town Board to it's capacity of five members
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Paul D. Barnas, 3871 N. Freeman Road, Orchard Park, N.Y. as interim Town Councilman effective 7/20/88 to 12/31/88.
Before the vote was taken, Councilman Curley stated the following:
1] he preferred a civic appointment whereby the appointee would not be a candidate in the fall election 1988 2] someone who has no allegiance to any political party, only to citizens of Orchard Park 3] honor a resident for their long time service to the Town. There are many. many of these individuals including Raymond Fabiniak.
If the Board is not in agreement with a civic appointment, he suggests the Town Board interview all interested citizens including Patrick Plunkett, the Democratic endorsed candidate, not just Republican designee.
He further stated the late Councilman Diggins felt very strongly about the interview process, the Town Board has been doing this process for all Town appointments and certainly it should be done for this most important and distinguished appointment.
E. B. Woodard voting aye
D. J. Mill voting aye
D. P. Curley voting nay
J. J. Mills voting aye
THE RESOLUTION WAS DULY ADOPTED.
Reg. Mtg. #14 Mtg. #16 7/20/88 Page 2
At this time Councilman Barnas was sworn in and seated.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Dennis J. Mill as Deputy Supervisor for the Town of Orchard Park for the balance of the year 1988.
Before the vote was taken, Councilman Curley stated he would submit and support Councilman John J. Mills for Deputy Supervisor.
Supervisor Woodard replied that for 40+ years the Senior Councilman member of the Town Board has been designated as Deputy Supervisor.
Aye Nay
E. B. Woodard aye
D. J. Mill abstained
D. P. Curley aye
J. J. Mills aye
P. D. Barnas aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business #1 - Gernold Insurance Agency, Big Tree Rd. - Office Building.
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 approve the request from the Gernold Insurance Agency, Inc., 5800 Big Tree Road for a building permit for a 10,000 sg.ft. office building as recommended by the Planning Board 7/13/88, and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 7/13/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Creekside Plaza "The Commons" (The Cabot Group) - addition.
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 Creekside Plaza "The Commons" (The Cabot Group), Southwestern Blvd. for a building permit for a 2,500 sq.ft. addition to present facility and approval of revised parking and landscape plans and does declare a Negative SEQRA Declaration as recommended by the Planning Board 7/13/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Southtowns Primary Care (Ambulatory Surgical), Powers Rd. - Addition.
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 approve the request from Southtowns Primary Care Center (Ambulatory Surgical), 6300 Powers Road for a building permit for a 8,500 sq.ft. addition to present medical facility and does declare a Negative SEQRA Declaration as recommended by the Planning Board 7/13/88.
Reg. Mtg. #14 Mtg. #16 7/20/88 Page 3
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #4 - D. Reid, Ellis/California Rd. - rezone from I-1 to R-3.
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 schedule a Public hearing on 8/17/88 at 8:05 PM EDT to rezone a 1.8± acre parcel of land located to rear at Ellis Rd and California Road from I-1 to R-3 to construct a two family residential unit, as stitioned by David Reid and does declare a Negative SEQRA Declaration as recommended
y the Planning-.Board 7/13/88, 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 //5 - Buffalo Exterminating, N. Buffalo Rd. - Four Bay garage & storage.
7 ) 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 Buffalo Exterminating Co., 3636 N. Buffalo Road for a building permit for a four bay garage and storage facility for parking and service of vehicles owned by the Petitioner as recommended by the Planning Board with stipulations 7/13/88, and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 7/13/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #6 - M.P.B. Properties, N.Benzing Rd. - Office Building.
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 approve the request from M.P.B. Properties, 3320 N. Benzing Road for a building permit for a two floor, each 3,100 sq.ft. (6,200) office building and does declare a Negative SEQRA Declaration as recommended by the Planning Board 7/13/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business //7 - J. Campion, Taylor Rd. - Rezone from I-1 to R-4.
9 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
Reg. mtg. # 14 Mtg. #16 7/20/88 Page 4
RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 8/17/88 at 8:05 PM EDT as petitioned by Joseph Campion, East Webster Road to rezone from I-1 to R-4 approximately 1.93 acre parcel of land located at 3954 Taylor Road to construct residential units as recommended by the Planning Board 7/13/88, and be It further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 7/13/88.
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business # 8 - Application for REDPP funding.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, the Town Board had previously authorized the Town Engineer to apply for financial assistance through the Western New York Economic Development Corporation to help offset the cost of constructing new sanitary sewer and waterlines to serve the proposed Carleton Technologies site, and
WHEREAS, Carleton had also applied for a grant/loan for the cost of their site development work, and
WHEREAS, the New York State Urban Development Corporation, in reviewing these applications, had required that they be filed jointly, and
WHEREAS, the Erie County Industrial Development Agency had indicated a willingness to act as the lead agency for the co-application and this meant that all of the grant funds (if approved) would pass from New York State through ECIDA before they would come to the Town, and
WHEREAS, on 5/18/88 the Town Board did request the ECIDA to be the applicant for REDPP funding for the Town of Orchard Park/Carleton Technologies, Inc. Retention and Expansion Project, and
WHEREAS, it has become evident through research that the grant requirements shall cost more than the grant Itself, as the bidding could be monitored and cause "higher" bids to be filed for the proposed project
NOW, TIIERERFORE,be It
RESOLVED that the Town Board be and is hereby authorized to direct the ECIDA to withdraw the application for REDPP funding for the Town of Orchard Park as recommended by the Town Engineer.
E. B. Woodard aye
D. J .Mill aye
D. P. Curley abstained - conflict of interest
J. J. Mills aye
P. D. Barnas aye
THE RESOLUTION WAS DULY ADOPTED.
New Business # 1 - Request NYSEG prepare street light proposal -Curley Drive. Removed from Agenda.
New Business #2 - accept NYSEG street light proposal for Curley Drive.
11) 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 following street lighting proposal from New York State Electric & Gas Corp. dated 7/13/88>
Curley Drive: Install 12-3300 lumen HPS PT lamps @ $93.23 ea $1118.76 Standards 1,2,3,4,5,6,7,8,9,10,11,12, L-U348
SC #3 TOTAL ANNUAL INCREASE (696 Watts) $1118.76
Reg. Mtg. #14 Mtg. #16 7/20/88 Page 5
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 3, # 4 and #6 Referrals to Planning Board.
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 refer to the Planning Board and Conservation Board the following Items as entered on the agenda:
3 - Highland Hills, Inc. Rezoning of approximately 25 acres of land, south side of Bridle Path, west of Freeman Road from R-1 to R-3 to construct a 68 unit townhouse development.
#4 - International Brotherhood of Electrical Workers, Local 41, 3564 California Road. Building Permit for a 70' x 130' addition to rear of existing building to be used as a training facility.
#6 (not on agenda) - Edmond J. Gicewicz, Scherff Road - Rezoning 83t acres of land approximately 1/2 mile south of Route 240 on Scherff Road from A-1 to I-1 for single home subdivision.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - Town Clerk - Consolidation of Election Districts for Registration.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, ;SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from the Town Clerk to consolidate Election Districts for Personal Registration at the Municipal Building on October 13, 14 & 15, 1988.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) 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 direct the Supervisor to sign the S.T.O.P. - D.W.I. Agreement with the County of Erie for the year January 1,
1988 - December 31, 1988.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, the Town is growing and shall be growing in the future, and
WHEREAS, the Town must upgrade their outdated computer equipment
NOW. THEREFORE. be it
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1
RESOLVED that the Town Board be and is hereby authorized to approve the request from the Town Auditor, John Malloy, to research, receive proposals and bids for computer software to update the present town computer, and be it further
RESOLVED the Town Board does approve the following transfer as recommended by the Town Auditor:
$7,500.00 from Appropriate Fund to Supervisor's Computer. selection.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, 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 Sally Diggins, 5014 Murphy Road to the Zoning Board of Appeals to fill the unexpired term of Francis Fiske effective. immediately and ending 12/31/89.
Before the vote was taken, Councilman Curley stated he feels the appointment is a very thoughtful jester. However, the town Board has been very faithful to the interview process before making an appointment. He would agree to appointment and then schedule an an.orientation interview.
Councilman Mills spoke on Mrs. Diggins continuous contributions to the Community. Councilman Curley, asked for specifics.
E. B. Woodard aye
D. J. Mill aye
D. P. Curley nay
J. J. Mills aye
P. D. Barnas aye
THE RESOLUTION WAS DULY ADOPTED.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCI.LMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the appointment of
' Ronald R. Ehlers, 3634 Southwestern Blvd., as Crew Chief of the Sewer & Water Department effective 8/29/88 for the balance of the year 1988 at the salary as stipulated in the budget as' recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
At this time, the Supervisor recognized Patricia Abraham, 6783 East Webster Road in the audience.
She filed a petition with the Town Clerk signed by 41 residents of the East Webster/ Hodson Road area who vehemently oppose the illegal business of lawn care and resale of firewood being conducted at 6610 East Webster Road.
She stated many trucks enter and leave continuously during the day creating dust, dirt and noise. There is a continuous dumping, stockpiling of trees and firewood and bull-dozing on this property with logsplitters and chainsaws running constantly.
We realize Mr. Jensen is a long time resident of Orchard Park, that he is applying for rezoning and/or a variance to conduct this business in a residential area. We want this stopped immediately and we are all against any rezoning.
Mr. Woodard thanked her for her comments and stated the rest of her group would have to wait until business from the floor before they could speak.
Reg. Mtg. #14 Mtg. #16 7/20/88 Page 7
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town Board of the Town of Orchard Park met with the Architects for the renovation of the Town Hall property and the Post Office Building, and
WHEREAS, the Town Board did approve the final floor plan NOW, THEREFORE, be it
RESOLVED that the Town Board of the Town of Orchard Park has determined that this item 's a Type I Action for the purpose of SEQRA and/or will have a significant impact on the environment, and be it further
RESOLVED, pursuant to the State Environmental Review Act, the Town Board has determined that this application should be considered with, and in conjunction with, all other appropriate agencies which shall ultimately issue permits in the event that this project is approved, and be it further
RESOLVED that the Town Board apply to such other involved agencies for permission to act as Lead Agency in this matter, and be it further
RESOLVED, the Town Engineer be and is hereby directed to prepare documents necessary for the Town to obtain permission to act as Lead Agency.
Before the vote was taken, Councilman Mills reported this is a Type I Action as this property has been nominated for the National Historic Register.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Curley reported that at the meeting with the Architects the Town Board requested that a feasibility study be made for the Annex Building to be made into a Community Center. We realize there are parking problems but perhaps these can be remedied. Perhaps the Chamber of Commerce may be able to use the building, rent free, for supervising the building activities. Also, the Town is "on target" for the Town Hall expansion and hopefully a public information meeting shall be scheduled some-time about the 31st day of August at 7A0 PM to make all information available to the residents of the town. Another meeting shall be held with the Architects on 8/17/88 and at that time the 8/31/88 date for the information meeting shall be made official.
Councilman Mill reported he feels the Annex Building would easily be renovated into a facility for Senior Citizens and/or a Community Center. The building is in excellent shape, has air conditioning and could offer just what is needed for either of these facilities.
19) 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 sign the Temporary Easement Agreement between the Erie County Industrial Development Agency and the Town of Orchard Park, relative to Quaker Centre Industrial Park, to be in force for a period not to exceed one year, as recommended by the Town Attorney.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Woodard requested information from the Building Inspector in the matter of the junk cars and junk in the yard on property in the Abbott Road/Allen Street area. Mr. Sweet stated the problem is in the process of being rectified.
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Councilman Mill asked Frank Newton, Chairman of the Conservation Board, who was in the audience if the Conservation Board has reviewed the landscaping at Daniel's Chevrolet, Big Tree Road, and what their recommendation to the Board is in the matter of granting of a C/O for their facility.
Mr. Newton stated the Conservation Board feels the landscape plan has been adhered to and at this point a C/0 should be granted. The Landscape Bond shall still be In force.
20) 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 the landscaping at Daniel's Chevrolet, Big Tree Road as recommended by the Conservation Board and that a C/O may be issued.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Leonard F. Govenettio, 43 Lakeview Ave., Orchard Park as a Police Office in the Town of Orchard Park Police Department from the Civil Service List effective 8/1/88 and as recommended by Police Chief Henning.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to schedule a Special Town Board Meeting on 7/27/88 at 7:00 P.M. EDT to consider the appointment of an additional Police Officer for the Orchard Park Police Department as recommended by the Police Chief, and be it further
RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof in the Suburban Press and the Buffalo News.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
23) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, 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 Police Chief for one Police Officer to attend an Arson Training Seminar at the New York State Fire Training Academy at Montour Falls, New York on 9/17 - 9/30/88 at town expense.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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24) 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 direct the Town Attorney to proceed with dedication of the balance of Orchard Meadows Part 8, Phase 5 as constructed under P.I.P. #178 and as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
25) 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 Attorney
to proceed with dedication of Woodridge Park Townhomes, Part I - Phase II as constructed under P.I.P. #187 and as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
26) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the application for P.I.P. #192, Independence Heights, Phase III pending receipt from the Erie County Health Department and the Erie County D.E.P. as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
27) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the renewal application for Excavation Permit #5-1988 as petitioned by Richard A. Maul, 3735 Baker Road and as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
28) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the renewal application for Excavation Permit #4-1988, Henry Warning which provides for Olivieri and Sons, Inc. to operate a gravel pit on Milestrip Road pending proper drainage of the ponding area and the placement of a gate at the Milestrip Road entrance as re-commended by the Town Engineer.
Reg. Mtg. #14 Mtg. #16 7/20/88 Page 10
Before the vote was taken, Councilman Curley reported he has had several complaints in regard to the bad condition of dust at almost all times. Also the people who are complaining feel it is the responsibility of the Town Engineer to enforce the rules of these permits. It is the responsibility of the Building Inspector and I would ask that these areas be monitored by the Building Inspector and a report be made to the Town Board at intervals during the year.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
29) 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 Map, Plan and Report in the matter of the creation of Orchard Park Water District #17 Ex-tension #2 as prepared by R & D Engineering, and be it further
RESOLVED the Town Board be and is hereby authorized to adopt the Order scheduling a Public hearing on 8/17/88 at 8:05 PM EDT in the matter of the creation of Water District #17 Extension #2 as recommended by the Town Engineer. and be it further
RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof, and be it further
RESOLVED a copy of said Order is attached to these minutes.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
-30) 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 receive and file the Map, Plan and Report in the matter of the proposed Increase & Improvements to Orchard Park Water Districts #9, #9x1, #9x2, #9x3 and # 9x4 as prepared by R & D Engineering, and be it further
RESOLVED that the Town Board be and is hereby authorized to adopt the Order scheduling a Public Hearing on 8/17/88 at 8:05 PM EDT in the matter of the Increase & Improvements to Water Districts #9, #9x1, #9x2, #9x3 and #9x4 as recommended by the Town Engineer, and be it further
RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof, and be it further
RESOLVED a copy of said Order is attached to these minutes.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
31) 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 Map, Plan and Report in the matter of the proposed Increase 6 Improvements to Orchard Park Water District #11 as prepared by R & D Engineering, and be it further
RESOLVED that the Town Board be and is hereby authorized to adopt the Order scheduling a Public Hearing on 8/17/88 at 8:05 PM EDT in the matter of the Increase & Improvements
Reg. Mtg. #14 Mtg. #16 7/20/88 Page 11
to Water District #11 as recommended by the Town Engineer, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof, and be it further
RESOLVED a copy of said Order is attached to these minutes.
HE RESOLUTION WAS UNANIMOUSLY ADOPTED.
32) 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 Map, Plan and Report in the matter of the proposed Increase & Improvements to Orchard Park Water District #15 as prepared by R & D Engineering, and be it further
RESOLVED that the Town Board be and is hereby authorized to adopt the Order Scheduling a Public Hearing on 8/17/88 at 8:05 PM EDT in the matter of the Increase 6 Improvements to Water District #15 as recommended by the Town Engineer, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof, and be it further
RESOLVED a copy of said Order is attached to these minutes.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
33) 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 receive and file the Map, Plan and Report for the proposed Joint Improvements to Orchard Park Water Districts
#9, #9x1, #9x2, #9x3, #9x4 and #15 as prepared by R & D Engineering, and be it further
RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 8/17/88 at 8:05 PM EDT in the matter of Joint Improvements to Water Districts #9, #9x1, #9x2, #9x3, #9x4 and #15 as recommended by the Town Engineer, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
Before the vote was taken, Councilman Curley reported that this is the project that all residents of the Town, as well as the Village, of Orchard Park have been waiting for. This should take care of all the problems the residents on Stonehenge and other areas including Eagle Heights have had in regard to water quality, water pressure and fire protection.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
34) 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 all entries on Warrant #13, following auditing by members of the Town Board and in the funds indicated:
Reg. Mtg. # 14 Mtg. # 16 7/20/88 Page 12
WARRANT #I3
GENERAL FUND $139,277.61
PART TOWN FUND 3,906.66
HIGHWAY FUND 56,612.00
SPECIAL DISTRICTS FUND 106,820.69
TRUST t AGENCY FUND 15,1,09.57
DEBT SERVICE FUND 14,570.00
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
35) 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 receive and file all communications as entered on the Agenda:
1. Erie County Dept. Public Works/Highway - Designation of Restricted Webster Road from Rte 20 to Rte 277
2. Town of Cheektowaga - Adopted resolution memorializing the N.Y.S. Legislature and Governor Cuomo to change Primary hours In Erie County to 12300 Noon to 9:00 PM
3. Town of Tonawanda - Adopted resolution asking Federal Government to take action re: revision of DOE environmental review process with regard to siting of radioactive waste disposal sites/authorization for their removal.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED. BUSINESS FROM THE FLOOR
1. Carol Kubacki, 6585 Webtser Road - stated the following re: the Jensen property on Webster Road:Mr. Jensen bought the Old Pratt house across the street about one year ago knowing full well it was zoned residential. On the day he moved In, he moved his grass cutting business in also. The residents are not against business in Orchard Park but we are against business in our nice residential area. There Is a lot of nice business zoned areas in Orchard Park and we feel Eddie Jensen should conduct his business in a business area. We will fight hard against the rezoning that Mr. Jensen is requesting. We do not feel it is fair that he can move into our residential area and disrupt It with his business. We do not approve of spot zoning. Every day including Sundays, many trucks are in and out of the driveway causing much dirt and much noise. It Is completely disrupting our whole area. Just as a brief example of what goes on over there -- this morning I watched and took notes -- At 9 o'clock this am the big dump truck towing the big white trailer full of grass cutting equipment pulled Into his yard. Right behind it a red pickup truck pulling a great big long flat bed full of lawn mowing equipment pulled Into the yard. Than they left shortly. When they left, one of the employees had to direct traffic on Wenster Road because the equipment is so big it causes a traffic tie up. The pickup truck sat on the shoulder of the road for awhile and the cars coming down that side of the road had to watt to get around it because it sat on part of the road and they had to watt their turn. It cuases a real traffic tie up aid in front of our home especial ly.This business is real noisy and causes much dirt in the area.These incidents happen all the time, including Sundays, and we think this is very unfair. This morning he had a big fire on his property and continually had fires on his property. The chain saws go all day long -- now he Is starting wood cutting. He had all these trucks bringing in all these trees all Spring and Summer and now he Is starting to cut them up and so the chain saws go continuously all day long. If you ever want to get a headache, this Is the way to get It. It is such stress listening to these things going all day long, buzzing away. We want don't want this to happen in a residential neighborhood.
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Councilman Mill stated he feels the Building Inspector should respond to what had been mentioned in regard to the property and what the complaints are.
Town Building Inspector Robert Sweet stated about six weeks ago he sent Mr. Jensen a letter outlining what is permitted on that property. Two weeks ago he sent Mr. Jensen a violation notice and yesterday he received a reply to the violation notice. He believes all the Town Board members have a copy of this. He has requested the Town Attorney to advise him as to the next official action in the matter.
Town Attorney Berkowitz stated that due to the inspection by the Building Inspector and the complaints of various individuals, an accusatory instrument shall be issued. The defendants will be summoned to court to respond and it will be the responsibility of the courts to determine whether in fact this is a business.
2. David Jensen, 50 Woodhaven - stated the following:
I am Vice President of Jensen Lawn & Yard Care. The business which is so called that as being run at 6610 Webster Road, as you have received a letter in the mail, states where the business is renting property and where he keeps his equipment. The question about the firewood down there at 6610 Webster Road is partly my firewood, partly my father's firewood and partly my brother Eddie's firewood. That is personal firewood and not owned by the business. It is firewood for my fireplace at my residence at 50 Woodhaven. I go over there and have been cutting firewood as David Jensen, as a private homeowner in Orchard Park. I don't believe there is any ordinance against logs like that delivered and having them out on your property to be cut for firewood. As for the equipment being stored down there, at times there is a piece of equipment down there.
I believe that what really sparked this whole situation was the weekend of July 4th when my brother Eddie brought the equipment down there to clean it up to participate in the Town of Orchard Park parade. There was three trucks down there, two trailers and a lot of lawn equipment.
Last Friday I went up to the Town Building Inspector and explained what happened. We don't have water at the one location where we rent a barn and we could not clean up the equipment. I don't think it would be very nice to put dirty equipment in a 4th of July parade after you have been doing lawn and yard work with it. The equipment was down there on Saturday and Sunday and Eddie did have his employees down there cleaning up. After they were finished Eddie threw a party for the workers. The following week, as you can see in your letter, and I'm sure the individuals who are so upset with Eddie did not realize that Eddie hired Jensen Lawn and Yard Care to come in and do a lot of work around his yard - cut trees down, moved firewood, tore a floor out of barn or building that was falling down so he could do some work on the building. He had an individual by the name of Jimmie Kern come in with his bobcat and push over a bunch of dirt where Dick Pratt use to have an Artesian well, the County brought down some dirt to fill this in.
Yes, it has been very dry and we had a lot of dust & stuff when that happened. He went out for one week and hired his crew to come and there were many individuals there. It would be like anyone on this Town Board hiring Eddie Jensen or Kenny Wilk to do landscaping, yard work or lawn maintenance. He hired his crew to come down there and do his lawn work and yard clean up. I'm sure this did spark a lot of dirt and noise. Chain saws are noisy. When I cut my firewood I work from 2 PM to 6PM and I have stated this to Joe Campion and Bob Sweet. I would possibly think that if there were complaints - I have had complaints at my house at 50 Woodhaven and the people have come over and talked to me before they took any legal action or I have tried to before I took any legal action. I talked to Eddie and he claims no one has even asked him if something could be done about that.
Councilman Mills asked Mr. Jensen if Edward Jensen, Jr. is his brother and from the letterhead it is his opinion that the business is being run out of 6610 Webster Road. He asked him to explain this. He stated he has a business at 6630 Benzing Road.
Mr. Jensen stated Eddie has an office and telephone at 6610 Webster Road. As far as I know I believe he can have an office and a telephone out of there. In the letter he also states where he rents property but it fails to state that he rents one of those U Rent It over on Thorn Avenue next to S & K Counter Tops for the business.
Councilman Mill questioned why the neighbors are stating that trucks and trailers are still going out of there and as Mrs. Kubacki just stated that today the trucks and trailers are there.
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Mr. Jensen said he can't really answer that today as he has another job at Upstate Milk. He leaves at 5 o'clock in the am and don't get home until 2 or 3 o'clock in PM. I am not aware of what happened today as she stated. I would have to talk with Eddie or the employees themselves. If this happened and she has it in writing this
is what she has. There is always two sides to every story. I can't disagree with what she says because I don't know. I would have to talk to the employees to see if there was a truck, flat bed and red truck there today.
Supervisor Woodard stated the Building Inspector and the Town Attorney have discussed it, cited it and from that point on it is a court matter.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:37 PM EDT.
Respectfully submitted,
Betty Reukauf Town Clerk