Reg. Mtg. #15                        Mtg. #17            8/1/90             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 1st day of August, 1990 at 8:00 PM EDT and there were

 

PRESENT AT ROLL CALL:      D. J. Mill         Supervisor

D. P. Curley       Councilman

J. J. Mills        Councilman

P. D. Barnas       Councilman

D. M. Buyer        Councilman

 

Betty K. Reukauf   Town Clerk

L.       Berkowitz       Town Attorney

R. W. Sweet        Building Inspector

R. C. Henning      Police Chief

M.       R. Merritt      Town Engineer

 

ABSENT:                   R. A. Geitter       Supt. of Highways

 

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 BUYER, TO WIT:

 

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 7/18/90, 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 UNANIMOUSLY ADOPTED. PUBLIC HEARING

 

At 8:00 PM EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of an amend­mment to the Code of Ordinances of the Town of Orchard Park, which amendment provides as follows:

 

Add: Section 131 - 13

 

Pursuant to the written request of the Chief of Police, parking or standing in appro­priate marked fire lanes at Leisure Rinks/Bally Matrix Fitness Center on Weiss Road, Tops Plaza on Orchard Park Road, Bells Plaza on North Buffalo Road and the K-Mart Store on Southwestern Boulevard is hereby prohibited.

 

affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. The affidavit is entered into and attached to these minutes.

 

PROPONENTS

John Capriotto, Fire Commissioners - spoke on behalf of the Fire District and the Public Safety Committee.

 

OPPONENTS

Susan Cook, Scherff Road - Employee of K-Mart, Workers in building after closing hours park their vehicles here. Will this amendment cover certain hours?

 

Before the Public Hearing was closed, Police Chief Henning explained that the intent of this amendment is to cover 24 hours a day for needed emergencies. It is the responsibility of an employer to provide a safe place for "after hours" employees to park and an escort to their car.

 

1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

 

RESOLVED that the Public Hearing in the matter of Section 131 - 13 be and is hereby closed at 8:10 PM EDT.

 

 

 Reg. Mtg. #15                       Mtg. #17             8/1/90               Page 2

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

WHEREAS, following due and timely notice, a public hearing relating to the matter of an amendment to the Code of Ordinances of the Town of Orchard Park, which amend­ment provides as follows:

 

Add Section 131-13

 

Pursuant to the written request of the Chief of Police, parking or standing in appropriate marked fire lanes at Leisure Rinks/Bally Matrix Fitness Center on Weiss Road, Tops Plaza on Orchard Park Road, Bells Plaza on North Buffalo Road and the K-Mart Store on Southwestern Boulevard is hereby prohibited.

 

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 1st day of August, 1990 at which all interested parties were given an opportunity to be heard

 

NOW, THEREFORE, be it

 

RESOLVED AND ORDAINED, that the Code of Ordinances of the Town of Orchard Park be and is hereby amended as follows:

Add Section 131-13

Pursuant to the written request of the Chief of Police, parking or standing in appropriate marked fire lanes at Leisure Rinks/Bally Matrix Fitness Center on Weiss Road, Tops Market on Orchard Park Road, Bells Plaza on North Buffalo Road and the K-Mart Store on Southwestern Boulevard is hereby prohibited.

This amendment shall take effect ten (10) days after publication and posting in accordance with law, and be it further

 

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 264 and 265 of the Town Law.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #1 (not on agenda)- Midas Muffler Shop, Union Road. (H.L. Haxton Inc.)

 

3) 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 schedule a Public Hearing on 9/5/90 at 8:00 PM EDT to rezone vacant property located on Union Road (next to Ponderosa) from B-2 to B-2 Special Exception Use for a muffler shop, and be it further

 

RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #15                    Mtg. #17                8/1/90           Page 3

 

New Business #1 - NYPIRG Research Group, annual door-to-door canvass.

 

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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. to conduct a charitable door-to-door canvass in the Town of Orchard Park August 1, 1990 to August 31, 1990, and be it further

 

RESOLVED, this solicitation shall be done during the hours of 9 am to 6 pm.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #2 & #3 Referral to Planning Board.

 

5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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 requests:

 

#2 - Chestnut Ridge Village, Inc. - Requests approval of permanent entrance signs.

 

#3 - Contour Erection & Siding Systems, Inc., 4370 Taylor Road - Requests approval of site plan and building permit for a 40' x 60' storage building.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

6) 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 application from Richard A. Maul, 3735 Baker Road, for renewal of Excavation Permit #3-1990 as recommended by the Town Engineer and Town Building Inspector.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to approve-the application from Henry W. Warning, 6961 Milestrip Road, for renewal of Excavation Permit #2-1990 operated by Olivieri & Sons as recommended by the Town Engineer and Town Building

Inspector.

 

Before the vote was taken, Supervisor Mill reported Mr. Olivieri told him the approxi­mate life of this pit is about 3-5 years.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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8)    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 congratulate the 13 year old All Star Little League Team on a job well done by making it to the semi finals in Syracuse on Tuesday and to extend their gratitude, on behalf of all area resi­dents, for being the first Town Little League Team to progress this far in the playoffs.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

9)    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 request from the Town Assessor for Beverly Hammersmith, Real Property Appraiser, to attend the Mass Appraisal Course at Erie Community College North August 13 — 17, 1990 at Town expense.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Mill reported 1] the regular monthly Planning Board meeting scheduled for 8/8/90 at 8:00 PM EDT in the Town Board Meeting Room has been rescheduled for August 15, 1990 at 7:30 PM in the annex building, 2] he has spent much time researching all related laws, such as mass gathering rules & regulations, to try to find some means of getting some help and assistance to direct Orchard Park to cope with concerts scheduled at the Stadium, and 3] the Courts have instructed the Town to rebid the garbage contract as BFI was successful in taking the Town of Orchard Park to court because of technicalities in the previous bid award.

 

Councilman Curley state the cost to the Town of Orchard Park for the recent concert was tremendous. However, the cost would have been much greater if we were not fortunate enough to have a great number of very dedicated Volunteer Fire Company members who gave hours assisting in many ways to keep the area in control.

 

Councilman Mills reported the Southtowns Sewer Agency has approved the same unit charge and they approved the construction of a tank for the disposal of sewerage from septic tank cleaning trucks thus eliminating the unsupervised and unlocked disposal tanks on S.S. #3 property on Duerr Road.

 

Councilman Barnas reported 1] the recycling committee is still very active. The Town shall have to rebid the garbage collection and disposal contract awarded to C.I.D. Refuse Service as Joe Ball Sanitation Inc. was successful in the court suit against the Town alleging the Town awarded the bid with deviations from the bid specs, and 2] requested information on what is being done by Victor Liberatore up in the area of Wayfare Lane. The Town Engineer stated it has nothing to do with the developer Victor Liberatore. The work being done up in that area has to do with the new Vil­lage/ Town waterline.

Supervisor Mill stated the Town shall continue to proceed with recycling efforts despite the readvertizing for bids which hopefully shall take place the last of this month or early September.

Councilman Buyer reported that he continues to receive complaints regarding the events surrounding the Grateful Dead Concert held at Rich Stadium. At the July 18th Town Board Meeting he had suggested seeking an injunction in court in an attempt to cause Erie County to improve public health and safety matters outside of the stadium before and after concerts, He has since discussed this possibility with two attorneys who advised that seeking an injunction is a good idea and that if handled properly could result in improved public health and safety controls. There are certain pro­cedures to be followed and it would be filed against theowner of Rich Stadium, the County of Erie. The Buffalo Bills are only tenants in the stadium and therefore the

 

Reg. Mtg. #15                        Mtg. #17               8/1/90         Page 5.

County has ultimate responsibility. They suggested that County and Town officials meet to resolve the questions of public health and safety matters at concerts and that if these matters cannot by resolved at a meeting, they believe the Town should seek court action if another concert is scheduled in Rich Stadium.

 

10) 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 schedule a meeting with the Town Board, County Legislator Steve Pigeon, a represent­ative from the County Executive Office and the County Sheriffs Department, Police Chief Henning and Building Inspector Robert Sweet to discuss the ways and means of solving the public health and safety hazards created by the concerts held at Rich Stadium.

 

Before the vote was taken, a discussion was held by members of the Town Board and the Town Attorney. Councilman Mills stated he would be in favor of said meeting if the Buffalo Bills were not invited. Councilman Curley asked Councilman Buyer if he had discussed the possibility of an injunction with the Town Attorney or Town Supervisor since the Town Attorney was very experienced in dealing with matters regarding the stadium and the Supervisor was taking a new approach via public assembly laws and also if he had discussed public safety matters with Chief Henning. Councilman Buyer stated he had not, but, intended to.

Councilman Curley then stated he feels the Town Board and the Town Attorney should meet first to discuss and outline the Towns' position in these matters. Town Attorney Berkowitz stated County Law supersedes Town Law and the lease by the Bills with the County of Erie grants them many special decision making privileges.

Supervisor Mill stated he agrees with Councilman Curley that a meeting of the Town Board and the Town Attorney must be held before meeting with any outside officials.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

WHEREAS, written Notice of Disciplinary Action has been served on an employee of the Town of Orchard Park pursuant to 575 of the Civil Service Law of the State of New York; and

 

WHEREAS, pursuant to 575, a person may be designated by this Town Board for the purpose of conducting a hearing upon charges against the employee of the Town of Orchard Park;

 

NOW, THEREFORE, BE IT RESOLVED, that Michael F. Perley, an Attorney at Law with offices at 530 Convention Tower, Buffalo, New York be and hereby is designated to conduct a hearing upon the charges contained in the Notice of Disciplinary Action; and

 

BE IT FURTHER RESOLVED, that the said Michael F. Perley,

 

Esq. shall be paid at the rate of $75.00 per hour for services

 

rendered in conducting the hearing referred to herein.

 

12 Reg. Mtg. #15   Mtg. #17   8/1/90  Page 6

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Attorney Berkowitz reported the owners of the property at 3242 Angle Road took the Town to court to try to reverse the decision made by the Town Board to have the un­safe and/or dilapidated building(s) removed. The courts upheld the Town's decision and gave the property owner(s) 90 additional days to comply with the order or the Town shall enforce the decision.

12)        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 P.I.P. #210 application from Victor Liberatore for a 205 linear foot Willowbrook Court Sani­tary Sewer extension in Orchard Park Sewer District #18 as recommended by the Town Engineer.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

13)        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 all entries on Warrant #15, following auditing by members of the Town Board and in the funds indicated:

 

WARRANT #15

GENERAL FUND                        $180,214.04

PART TOWN FUND                         1,015.01

HIGHWAY FUND                          97,929.79

SPECIAL DISTRICTS FUND                15,498.69

TRUST & AGENCY FUND                   187,693.61

CAPITAL FUND                          60,951.20

DEBT SERVICE FUND                     115,998.04

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

14`) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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 report as entered on the agenda:

 

1. Building Permits and Building Inspector's Monthly Report for July 1990.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:02 PM EDT.

 

Respectfully submitted,

 

Betty K. Reukauf, Town Clerk