Reg. Mtg. #4 Mtg. #6 2/21/90 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 21st day of February, 1990 at 8:00 P.M. EST 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 BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 2/7/90, 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.
Old Business #1 - Renewal of Stable Permits #1-#7 1990.
1) 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 renewal of the following Stable Permits for the year 1990 as recommended by the Building Inspector:
#1 - Vincent Pascarella, Chestnut Ridge Road
#2 - White Meadow Farms, Behm Road
#3 - Michelle Lee Stables, East Quaker Street
#4 - Quakerfield Stables, South Freeman Road
#5 - Johnny Chapman Training Stables, Inc., South Abbott Road
#6 - Edgewood Farms, Jewett Holmwood Road
#7 - Frederick Ressel, Armor Road
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #1 (not on agenda)- Renewal of Stable Permit #8-1990.
2) 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 renewal of the following Stable Permit for the year 1990 as recommended by the Building Inspector with the stipulations that all trailers, outside storage articles and manure be removed from front of property and stored at the rear area of property:
# 8 - Bryn Lee Farm, East Quaker Street
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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Southwest Commerce Center, Southwestern Blvd. - Draft E.I.S.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to schedule a public hearing on 3/21/90 at 8:05 PM EST for public input on the Draft Environmental Impact Statement for Southwest Commerce Center, Southwestern Blvd., and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Review of Green Lake Study.
Dr. Thomas A. Storch, a researcher at Fredonia State College, gave a brief overview of the Final Project Report for the Green Lake Study as prepared by the State University of New York College at Fredonia Research Dept.
An 18 month study of Green Lake indicates that phosphorus is a major factor in the growth of algae that cloud the lake's water. Because of problems of clarity of the water, the State Health Department closed the deep water swimming area of the lake several times last summer. Phosphorus concentration in the south branch of Smokes Creek, which feeds into Green Lake, are elevated in comparison to other streams in Western New York. Further research would be necessary to determine if the high phosphorus level is related primarily to lawn fertilizer practices.
It shall be necessary to reduce the phosphorus about 70% to improve the water clarity. There are other contributing factors to the unclear waters. State rules mandate 4 feet of clarity for deep water swimming and based on 2 years study and information, it seems very unlikely that you will get it in Green Lake.
Dr. Storch recommended the Town Board consider extending of the bathing beach west to allow more swimming in the shallow area.
He filed a lengthy report with the Town Board and stated he feels Orchard Park has a fantastic resource and with proper lake management activities, the value of this unique resource will increase greatly as the population continues to grow.
Supervisor Mill thanked Dr. Storch for his excellent and very interesting review of his Green Lake Report. He stated the Board shall review the lengthy report and recommendation. It is the consensus of the Board to continue the study of the lake and develop a management strategy for aquatic plant growth, fish population and water clarity.
Members of the audience asked various questions. In answer to a question asked about the duck problem at the lake, Dr. Storch stated he feels the ducks do contribute to the problems at the lake and should be removed if possible.
Old Business # 4 - National Fuel, Taylor Rd. - Regional Service Center.
4) 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 National Fuel, vacant land south side of Taylor Road, for a building permit for a Regional Service Canter, declaration of a Negative SEQRA and a $4,125.00 landscape completion bond deposit as recommended by the Planning Board 2/14/90.
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Aye Nay
D. J. Mill abstained - conflict of interest
D. P. Curley x
J. J. Mills x
P. D. Barnas x
D. M. Buyer x
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - Custom Countertops, Armor Rd. - Rezone for retail & fabrication.
5) 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 Custom Countertops, Inc. (Jerry Marino) 5260 Armor Road for rezoning from R-2 to B-2 for a building for retail and fabrication of formica countertops.
THE RESOLUTION WAS DULY ADOPTED.
6) 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 Building Inspector Robert Sweet for Deputy Building Inspector Joseph Campion to attend the Code Enforcement Training Seminar at Endwell, N.Y. February 28 and March 1, 1990 at town expense as provided in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, 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 Councilman Curley as voting member and Councilman Barnas as alternate member to the Southtowns Solid Waste Management Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill reported 1] the local Cable Company, Jones Intercable, in the process of being sold and transferring of franchise to Adelphia Cable, provided the town with
a list of areas to be cabled shortly and will be working as usual during the transition period. Also, many of the adjoining towns are with Adelphia Cable so it shall be possible to connect cable to areas that are nearer to adjoining towns, 2] he is referring to the Town Attorney for review the request for extension of franchise agreement from Jones Intercable, 3] had many calls from residents, especially from the northwest area, complaining about Electric Service Interruption. He notified New York State Electric and Gas Corp in writing about these complaints and they have advised that they are doing everything possible to correct this problem, 4] the Town Board received bids on the garbage and refuse collection and shall be reviewing these to allow the awarding of the bid at an early date.
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Councilman Curley 1] reviewed the steps that were taken in the matter of the proposed sale of the 5.6 acres of land by S.S. #3 including the parcel on Duerr Road. In 1987 the property was appraised at $150,000.00. It was updated by the County Real Property Director to $180,000.00. In the latter part of November 1989 an offer of $100,000.00 was made, the S.S. #3 approved the offer and accepted a retainer fee of $10,000.00. The procedure now is for the purchaser to update the search and survey, and then proceed for closing. If the pending purchase offer falls through, the Town of Orchard Park certainly could be considered as a purchaser. It would be very necessary that the Town take a serious look at property to make sure that it falls into the overall future proposed cost and long range planning proposed for Green Lake and Yates Park. Approximately one year ago, at the time this land was available, the Town Engineer, at the direction of the Town Board researched the possible use of this land and reported the only use would be as passive parkland. Because of the high asking price for the property and the report from the Town Engineer, the Town decided not to pursue the purchase.
Also, before a purchaser can obtain a mortgage to purchase this land, a land audit must be prepared. This includes historical land tracing, the use of the land by each owner and could include field borings. As this property was used for sewage, he is sure the town would want to be sure there is no hazardous waste there.
Supervisor Mill requested Councilman Curley to let S.S. # 3 know that the Town of Orchard Park is very interested in the purchase of this property and as our representative he should carry some weight.
Councilman Barnas stated a letter went out to S.S. #3 notifying them of the interest the Town has in this property and he also has had a conversation with E.C. Legislator Pigeon in this matter. Legislator Pigeon feels the town should have no problem with filing a purchase offer and he certainly will look into the matter.
Councilman Buyer stated he was concerned as to what Councilman Curley was saying. Did he mean that the Town should, by resolution, immediately notify the County of Erie of their interest in the property, and ii this was done he may vote against the approval by S.S. # 3 because he does not believe this is a good purchase for the Town? He requested clarification. He also stated he wants Councilman Curley to know the Parks & Recreation Committee (Councilman Barnas and himself) definitely have a firm sincere interest in this property.
Councilman Curley replied that he did not wish to infer that S.S. # 3 would sell the property in three weeks if this filed interest falls through. He made it known that he was saying that S.S. # 3 will demand something concrete, a resolution of interest in purchase of property with a price offer from this Board etc. He does not believe the letter sent to S.S. # 3 as reported by Councilman Barnas, which he himself has not seen, would be considered to be binding in any way. If Orchard Park is interested the town should move along by getting estimates for the plans that the Engineer has made for this area, what would happen to the building on this property, get land audits etc. He believes if the Town of Orchard Park is genuinely interested by resolution, S.S. # 3 would hold off any other offer it might get to allow Orchard Park the courtesy if nothing else, to be heard and recognized.
Councilman Mills stated he is very concerned about the dumping that is taking place at the manhole on the Duerr Road property and since that property is surplus and unoccupied, there is no supervision and/or monitoring. It is a very serious situation and requested Councilman Curley to notify S.S. # 3 of the Towns' grave concern.
Councilman Curley reported on the session he attended at the Association of Towns in New York. He was very disappointed in the Solid Waste Seminar as it did not provide any new ideas and he shall send a letter notifying the Association he believes they should update their items on next years agenda. He shall file a written report shortly to the Board.
Councilman Barnas reported 1] the Parks & Recreation Department met on 2/13/90 with Town Highway Superintendent Geitter and Engineer Merritt and are attempting to outline the ways and means for the growth of future recreation in Orchard Park, and 2] the review of the Green Lake Study by DB. Storch certainly was outstanding and the information received was well worth the $33,000.00 spent by the Town. Hopefully, the Town Board shall seriously review this report and perhaps find the means to hire someone at least part-time to keep this report and recommendation updated.
Engineer Michael Merritt reported a number of copies of the Final Project Report shall be distributed to several of the Town Offices and the Orchard Park Library for review by residents.
Councilman Buyer reported he attended many sessions at the Association of Towns Meeting and felt these sessions on Planning and Zoning were very good.
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8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Councilman Barnas to attend a Recycling Seminar at Syracuse, New York March 21-23, 1990 at town expense.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Councilman Mills to attend a Recycling Seminar at Syracuse, New York March 22-23, 1990 with the Registration fee to be paid by the Town of Orchard Park and hotel and other charges to be paid by his own business.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
10) 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 direct the Supervisor to sign the Software Licensing Agreement with RONCO Communications & Electronics, Inc., 230 Metro Park, Rochester, N.Y. which provides for a guarantee against any town employees' duplicating for resale or any other purpose the software for the Call Detail Recording System, as recommended by the Town Attorney and Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
WHEREAS, on June 3, 1989 the Town of Orchard Park did offer for sale at public auction a certain parcel of land located in the area of Bruce Drive and Scherff Road, and
WHEREAS, Donald Gambee, 3847 N. Buffalo Rd. has submitted an informal offer of Four Thousand Eight Hundred fifty ($4,850.00) Dollars, and
WHEREAS, there has not been enough time to prepare and/or draft the legal papers to formally accept said offer
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to declare their intent to adopt a formal resolution on 3/7/90 to accept the proposed purchase offer for town owned property located in the area of Bruce Drive and Scherff Road in the amount of Four Thousand Eight Hundred fifty ($4,850.00) Dollars subject to submission of an appropriate formal contract by the purchaser as recommended by the Town Attorney.
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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, Contract C (HVAC) for the Orchard Park Municipal Center Project was awarded to Mollenberg-Betz,Inc., 300 Scott Street, Buffalo, N.Y., and
WHEREAS, additional work was involved for the installation of a stainless steel chimney liner within the existing brick chimney on the former Post Office building which liner will be used to exhaust heat and fumes from the new heating plant and other equipment, and
WHEREAS, our Architects neglected to include the new liner in the original contract documents
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve Change Order #1 to Contract C (HVAC) with Mollenberg-Betz, Inc., 300 Scott St., Buffalo, N.Y. for the Orchard Park Municipal Center Project in the amount of an increase of Three Thousand One Hundred fifty ($3,150.00) Dollars which brings the total for Contract C to Eight Hundred Fifty-five Thousand One Hundred fifty ($855,150.00) Dollars as re-commended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) 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 all entries on Warrant #4 following auditing by members of the Town Board and in the funds indicated:
WARRANT #4
GENERAL FUND $ 59,656.73
PART TOWN FUND 951.80
HIGHWAY FUND 26,838.87
SPECIAL DISTRICTS FUND 51,883.77
TRUST & AGENCY FUND 548,498.00
CAPITAL FUND 26,503.25
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 communications as entered on the agenda:
1. N.Y.S.E.G. - Notification of Schedule of interruption of electric service for 2/22/90, rain date 2/23/90 9am to 12 noon.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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BUSINESS FROM THE FLOOR
1. Joseph Ippolito, 3085 Southwestern Blvd.:
a] stated he has been in touch with Legislator Pigeon's Office protesting the sale of the Sewer Dist. #3 property to a private entity. He believes the land should have been advertised in a newspaper advert.
b] he is very concerned about the revalue that is taking place in Erie County at a cost of $1.30 ±/ parcel to each town and/or village. All they are doing is putting each present evaluation in a computer and multiplying by a certain %. Town of Tonawanda is in an uproar, Lancaster was told not to panic and land he owns in Eden has doubled in assessment. He further stated and/or inferred that the Assessor Terrance Campbell is discriminating against him when it comes to assessing. Because of his own dealings with the Assessor, he certainly does not have the same confidence in him as does the gentlemen on this Board. He feels perhaps it would be a good idea to pull out from the revaluation as Hamburg and West Seneca, who do not participate, pay lower taxes on their assessments.
Mr. Campbell will not talk to him. He was very interested in purchasing Oak Forest Apts. on Chestnut Ridge Road but when he saw the assessment, he wouldn't take it as a gift. It is all over-assessed and it's a loser from the start. He has been in business for 45 years and Mr. Campbell is the worst man he has ever had to deal with.
Supervisor Mill stated Mr. Campbell is the Town assessor and as long as he is here this Board will not interfere with his jurisdiction. He has tried several times to have Mr. Ippolito and Mr. Campbell sit down and discuss their problems. He can see that has not been done.
2. Susan Maxwell, 1 Dale Road:
Appeared before the Town Board on behalf of the League of Women Voters. She
read a letter expressing the ways and means the Town should be taking immediately to educate the residents about a recycling program. A copy of said letter is on file in the Town Clerk's Office.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 10:19 PM EST.
Respectfully submitted,
Betty K Reukauf, Town Clerk
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