Reg. Mtg. #8 Mtg. #10 4/18/90 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 18th day of April, 1990 at 8:00 P.M. EDT and there were
PRESENT AT ROLL CALL: D. J. Mill Supervisor
P. D. Barnas Councilman
D. M. Buyer Councilman
June E. Cooper Deputy Town Clerk
Jean Peterson Prosecuting Attorney
R. W. Sweet Building Inspector
R. C. Henning Police Chief
R. A. Geitter Supt. of Highways
M. R. Merritt Town Engineer
ABSENT: D. P. Curley Councilman ]
D. J. Mills Councilman ]
Betty K. Reukauf Town Clerk ] vacation
L. Berkowitz Town Attorney ]
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 BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 4/4/90, 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 - Rescind scheduling of bid opening for plow truck.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to rescind resolution #13 of Town Board Meeting 4/4/90 scheduling a bid opening for a plow truck for the Highway Department.
Before the vote was taken Councilman Barnas stated the reason for rescinding the bid opening is there shall be a savings of over $6,000.00 by purchasing under State Contract.
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - Budget Transfers.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the following transfers as recommended by the Town Auditor:
Reg. Mtg. #8 Mtg. #10 4/19/90 Page 2
SPECIAL DISTRICTS FUND:
Transfer from 001.8345.000.201, Sewer & Water New Vehicle-$7500.00
to 001.8345.000.200, Sewer & Water Used Vehicle-$7500.00
The $15,000.00 total of the above transfer will be deposited into the General Fund Interfund Revenue Account No. A2801.000.000 (new line item).
$12,650.00 of the above transfer will be allocated to budget line item A.1220.000.200 Supervisor's vehicle in the General Fund
$2,350.00 of the above transfer will be allocated to budget line item A3120.000.215 police vehicles in the General Fund.
THE RESOLUTION WAS DULY ADOPTED.
Old Business #3 - Award bid for Supervisor's car.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to award the bid for the purchase of one (1) new 1990 vehicle for the Supervisor to West Herr Ford, Inc. S5025 Camp Road, Hamburg in an amount not to exceed $12,641.00 they being the lowest responsible bidder thereof.
THE RESOLUTION WAS DULY ADOPTED.
Supervisor Mill commented the Taurus Wagon assigned to the Supervisor will be transferred to the Engineers to replace an old wagon and update their assigned vehicles.
Old Business #4 - Award bid for Trees.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to award the bid to provide trees for the 1990 fall tree planting program to Valley View Nurseries, Inc. 6135 Webster Road, Orchard Park they being the lowest responsible bidder thereof.
THE RESOLUTION WAS DULY ADOPTED.
Old Business #5 - Award bid for Police Uniform Parts.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board he and is hereby authorized to award the bid for Police Uniform Parts to United Uniform Co., Inc., 495 French Road, Getzville, N.Y. as recommended by the Police Chief.
Reg. Mtg. #8 Mtg. #10 4/18/90 Page 3
THE RESOLUTION WAS DULY ADOPTED.
New Business #1 - American Legion Poppy sale.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 American Legion Auxiliary of Orchard Park Legion Post #567 to conduct their annual Poppy sale May 25 and May 26, 1990 in the Town of Orchard Park.
THE RESOLUTION WAS DULY ADOPTED.
New Business #2 - O.P. Presbyterian Church Confirmation/New Member Class Picnic.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 Orchard Park Presbyterian Church, 4369 S. Buffalo St. for the use of Yates Park, Recreation Building, for their annual Confirmation Class and New Member Class Picnic on May 30, 1990 5:30 PM to 8:30 PM.
THE RESOLUTION WAS DULY ADOPTED.
New Business #3 - Ellicott Road Playground funding request.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to enter into an agreement with the Ellicott Road Playground Committee to provide funds for the Town of Orchard Park in an amount not to exceed $2,500.00 to help defray the cost of construction of a playground at the Ellicott Road Elementary School as recommended by the Town Attorney.
Before the vote was taken, Supervisor Mill explained that the same amount of money was allocated last year to the South Davis School Wooden Wonderland. This allows the Town to expand recreation areas for the residents of Orchard Park at a small cost. Both of these projects shall be maintained and insured by the school district.
THE RESOLUTION WAS DULY ADOPTED.
New Business #4 - Midas Muffler Shop, Union Rd. - Rezone to B2 Special Exception Use.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from Midas Muffler, 1412 Ridge Road, Lackawanna to rezone vacant property located on Union Road (next to Ponderosa) from B-2 to B-2 Special Exception Use for a muffler shop.
Reg. Mtg. #8 Mtg. #10 4/18/90 Page 4
THE RESOLUTION WAS DULY ADOPTED.
New Business #5 - Pleasant Acres II, P.I.P. #204 & #205.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the application for P.I.P. #204 and #205 as requested by Forbes Homes & Boyle Properties, 2635 Millersport Highway, Getzville, N.Y. for the construction of Pleasant Acres II Subdivision pending completion of the required downstream drainage rehabilitation prior to the start of construction of the subdivision facilities as recommended by the Town Engineer.
Before the vote was taken, Town Engineer Merritt explained that this subdivision was approved about two years ago, was approved contingent upon cleaning of the downstream drainage ditch to RT 219, and has been bought by Forbes Homes/Boyle Properties Ltd., who has been able to obtain permission from the downstream property owners and easements to do this work.
Councilman Buyer asked if maintenance on this shall be done by the Town and if so, is the Town able to handle this maintenance?
Town Engineer Merritt stated it is a Town policy to handle water from subdivisions etc. and the permanent easement will be to the Town of Orchard Park.
THE RESOLUTION WAS DULY ADOPTED.
Town Engineer Merritt stated the Town must address the ways and means of funding the maintenance of drainage ditches very soon to provide adequate funds and staffing to properly maintain these ditches. The rapid growth over the last 3 - 4 years of ditches and detention basins are a grave concern. The drainage ditch in this Pleasant Acres Subdv. does drain a large part of the Village, has been neglected on the past few years because it was vacant land and no one was really responsible for maintenance and so this developer shall be benefiting the Town.
A discussion was held by members of the Town Board and the Town Engineer and all were in agreement that an answer to the many drainage problems and areas is one of the top priority subjects for solving by the Town Board.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Joyce Nadle, 100 North Lake Drive, Orchard Park as Clerk, part-time assigned to the Supervisor's office effective immediately at the salary as stipulated in the 1990 budget.
THE RESOLUTION WAS DULY ADOPTED.
Reg. Mtg. #8 Mtg. #10 4/18/90 Page 5
Supervisor Mill reported 1] he has a scheduled meeting with the Orchard Park Post Master to discuss the Zip Code change for certain Orchard Park areas - 14075 (Hamburg) to Orchard Park 14127 in the very near future, hopefully 9/1/90, 2] the transfer of Jones Intercable to Adelphia is progressing slowly but it shall be advantageous to residents of Orchard Park when this is completed as the house formula/mile for installation of cable in sparsely built areas is much less then Jones Intercable, and 3] he wanted Chief Henning to know that he referred the request from residents on Rolling Hills Drive for a survey to determine if a Stop sign is needed because of excessive speed in the area to the Public Safety Committee.
Councilman Barnas thanked the Town Highway Superintendent for allowing the Orchard Park Lions Club to plant two crab apple trees at Yates Park as part of its environmental project.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to direct the Building Inspector to proceed with the necessary action as defined in Chapter 47 of the Town Code to direct the owner of property located at 3242 Angle Road to make the property comply with the Zoning Laws of the Town of Orchard Park.
THE RESOLUTION WAS DULY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town Board on 4/4/90 did schedule a bid opening for the purchase of one new plow truck for the Highway Department, and
WHEREAS, the Town Highway Superintendent is able to purchase said plow truck at State bid at a savings of approximately $6,000.00, and
WHEREAS, the Town Board has rescinded the resolution scheduling said bid opening previously as a part of this meeting
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve the request from the Highway Superintendent to purchase at State contract one (1) plow truck complete with plow and sand spreader in an amount not to exceed $67,917.00 from Novistar International Transportation Corp., Albany, N.Y. as recommended by the Highway Superintendent.
THE RESOLUTION WAS DULY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the original specifications called for sump pumps, but electrical service was not immediately available and would have increased the cost to the Town significantly, and
WHEREAS, additional work was involved for installing gravity drain lines from each of two pressure reducing valve pits
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve Change Order #1 to the Joint Town/Village Waterline Project Contract #3 with Kandey Co., Inc., 1921 Three Rod Rd. Alden, N.Y. in the amount of an increase of $378.60 as recommended by the Town Engineer bringing the total contract amount to $160,749.30.
Reg. Mtg. #8 Mtg. #10 4/18/90 Page 6
THE RESOLUTION WAS DULY ADOPTED.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Sean Wokasien, 3 Greenfield St., Orchard Park to the seasonal position in the Town Engineer's Department at $5.50/HR for a 15 week period beginning 5/7/90 as recommended by the Town Engineer.
THE RESOLUTION WAS DULY ADOPTED.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #8 following auditing by members of the Town Board and in the funds indicated:
WARRANT # 8
GENERAL FUND $ 21,497.95
PART TOWN FUND 614.97
HIGHWAY FUND 7,980.97
SPECIAL DISTRICTS FUND 77,873.20
TRUST & AGENCY FUND 135,351.71
CAPITAL FUND 35,658.44
THE RESOLUTION WAS DULY ADOPTED.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:38 PM EDT.
Respectfully submitted,
Betty K. Reukauf
Town Clerk