Reg. Mtg. #1 Mtg. #2 1/3/90 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 3rd day of January, 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
Betty K. Reukauf Town Clerk
L. Berkowitz Town Attorney
R. W. Sweet Building Inspector
R. C. Henning Police Chief
ABSENT: M. R. Merritt Town Engineer - ill
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 CURLEY, TO WIT:
RESOLVED that the minutes of the Organizational Meeting of the Town Board, held on 1/1/90, 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.
New Business #1 - Appointment of Councilman to fill Town Board vacancy.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, 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 David M. Buyer, 14 Briggs Drive, to the position of Councilman for the year 1990 to fill the vacancy on the Town Board created by the election of Dennis J. Mill as Supervisor.
Before the vote was taken, Councilman Curley stated he believes other Towns award the vacant position to the next highest vote getter at the last election for the same position and therefore he put the name of Patricia O'Connor in nomination.
D. J. Mill Aye
D. P. Curley Nay
J. J. Mills Aye
P. D. Barnas Aye
THE RESOLUTION WAS DULY ADOPTED.
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 accept the resignation of David M. Buyer from the Planning Board, effective immediately.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Town Attorney Leonard Berkowitz administered the Oath of Office to Mr. Buyer as Mrs. Buyer held the Bible. Following this Councilman Buyer took his seat on the podium.
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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 designate Councilman Buyer as a member of the following Town Standing Committees:
1] Highway 2] Parks and Recreation 3] Conservation 14] Refuge and Garbage
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
4) 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 Stanley Jemiolo, 5705 Ellis Road, to the Planning Board, effective immediately, to fill the unexpired term of David Buyer ending 12/31/95.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - Appointment of Youth Board Clerk.
5) 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 appointment of Carol Russo, 29 Kingswood Drive, as Clerk to the Youth Board at the salary as stipulated in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - Shanor Electric Supply, N. Buffalo Rd., Electrical Supply Business.
6) 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 refer to the Planning Board and Conservation Board the request from Shanor Electric Supply, Inc., 3605 North Buffalo Road for a review of plans for use as an electrical supply business.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
7) 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 appointment of the following to the 1989-1990 Fall/Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director:
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Jenny Eichberg, 2 Queens Place Sub/Grd. $5.00/HR
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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 approve the appointment of Richard B. Benning, 43 School Street, as Deputy Receiver of Taxes and Assessments for the year 1990 at the cost of One Dollar/day to oversee the collection of County Taxes at the Satellite designated at the Central Fire Station.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill reported 1] he has received a letter from Congressman Paxon's office notifying the Town of Orchard Park that a letter shall be forthcoming from the U.S. Postal Service in the matter of the request that all Orchard Park residents shall be included in the 14127 Zip Code postal service. Congressman Paxon feels the Postal Service was in favor of including all 14075 Zip Codes of the Town of Orchard Park residents into the 14127 Zip Code. As soon as he has a direct answer he shall report it to the public, and 2] on 1/9/90 the Town Board and Village Board shall hold a joint meeting in the matter of recycling.
Councilman Curley reported a conference on the subject of recycling has been scheduled in New York City on 1/31/90 - 2/2/90. He hopes to attend this conference and has been asked to present a paper on this subject at this conference.
Councilman Barnas reported the Recycling Committee has concluded their agenda and
has distributed a very informative and accurately detailed report. He publicly thanked each member for giving their expertise and many hours to this committee.
Councilman Buyer thanked the Orchard Park Republican Committee, his colleagues on the Board, his wife and family and all his friends for helping to make this a longtime dream, to become a reality.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR MILL, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to direct any Department Head, or designee of his choice, to attend the work session before the scheduled Town Board Meeting when said Department Head has placed an item on the agenda for consideration by the Town Board.
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 approve the request for the Town Clerk Personnel to attend the grant application seminar for funds available under the Local Government Records Management Improvement Fund Act to be held in Amherst on January 26, 1990 as recommended by the Town Clerk.
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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) 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 agreement with Zambelli Corporation of Newcastle, Pa. for the fireworks display for the 1990 4th of July Celebration at a cost not to exceed Four Thousand ($4,000.00) Dollars.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Town Attorney Leonard Berkowitz reported that the Town was very happy with the decision by Mr. Lasky to withdraw his law suit against the Town. He felt it only fitting that he publicly thank Lawrence Schulz, 17 Pine Terrace, for the tremendous amount of assistance he volunteered in helping respond to these papers. It is people like Mr. Schulz that make Orchard Park such a special community in which to live.
12) 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 the Police Chief for three (3) Detectives to attend a Narcotics Seminar conducted by the U.S. Department of Justice in Batavia on January 17, 1990 at town expense.
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 #1 and the End of Month Warrant for December 1989 following auditing by members of the Town Board and in the funds indicated:
WARRANT #1 END OF MONTH
GENERAL FUND $29,422.79 $111,414.58
PART TOWN FUND 1,792.43 5,368.58
HIGHWAY FUND 3,913.26 42,961.77
SPECIAL DISTRICTS FUND 2,391.144 13,447.03
TRUST & AGENCY FUND 1,668.32 24,069.70
CAPITAL FUND (Norstar) 32,321.00 -
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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14) 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 receive and file the communications as entered on the agenda:
1. Town of West Seneca - Copy of adopted resolution requesting New York State Legislature to prohibit Common Transportation of incompatible chemicals.
2. Myrna B. Woodard - Resignation as Youth Board Secretary, effective 12/17/89.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) 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 receive and file the reports as entered on the agenda:
1. Building Permits and Building Inspector's Monthly Report for December 1989.
2. Building Inspector's Annual Report for 1989.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
1. Leon Zwolinski, 13 Briar Hill - As a Chemical Company employee and because of his love for Orchard Park, he suggested that the Town consider a regional approach to recycling instead of trying to do it alone. Supervisor Mill stated the Town of Orchard Park has attempted to have a cooperative effort but at this time all communications have ceased.
2. John Rybecki, 7 Boldt Court - Requested the Town to purchase corn to feed the ducks at Green Lake during the bitter cold winter. He has been feeding the ducks as have many other residents to prevent them from starving and feels, regardless of how the town feels about ducks being at the Lake, they cannot be left to die.
Supervisor Mill stated as everyone is aware the ducks are a health hazard to the lake which is used for swimming. The Town has tried many times and in many ways to get rid of the ducks. If anyone wants them - they can have them. However, he shall be in touch with Highway Superintendent Ron Geitter to find a solution to the problem.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:36 PM EST.
Respectfully submitted,
Betty K. Reukauf
Town Clerk