Reg. Mtg. #5 Mtg. #7 3/7/90 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 7th day of March, 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
R. A. Geitter Supt. of Highways
M. R. Merritt Town Engineer
N.
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 MILLS, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 2/21/90, 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 - Cable Franchise extension.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Incorporated Town and Village of Orchard Park (the "Town and Village") granted a franchise to construct, operate and maintain a cable television system within the Town and Village to Global Cable of Orchard Park ("Global"), pursuant to that certain Franchise Agreement dated May 28, 1980 between Global and the Town and Village (the "Franchise"); and
WHEREAS, the Certificate of Confirmation for the Franchise was issued by the New York Commission on Cable Television (the "Commission") on September 26, 1980 under Order No. 80-215; and
WHEREAS, the transfer of the Franchise from Global to Cable T.V. Fund 11-B Ltd, Jones Intercable, Inc. General Partner ("Fund 11-B"), was approved by the Town and Village of Orchard Park by resolutions adopted on December 22, 1983 and January 9, 1984, respectively; and
WHEREAS, the transfer of the Franchise from Global to Fund 11-B was approved by the Commission on February 8, 19814 under Order No. 84-019; and
WHEREAS, Fund 11-B has requested, pursuant to Section 2 of the Franchise, as amended, that the term of the Franchise be renewed for an additional period of five (5) years from May 28, 1990 to May 28, 1995,
NOW, THEREFORE, be it
RESOLVED by the Town of Orchard Park, that the Town does hereby consent that the term of the Franchise, as amended, be renewed for an additional period of five (5) years from May 28, 1990 to May 28, 1995.
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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business ##1 - Recreation Summer Staff Appointments.
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 appointments to the Summer Recreation Staff as recommended by the Recreation Director:
Mary Harper 37 Rolling Hills Drive B/B aide $3.85/hr 30/HR
MariJean Leiffer 71 Princeton Place D/C aide $3.85/hr 30/HR
Gretchen Bresien 10 Ferndale Drive swim $4.15/hr 30/HR
Jim Higgins 6128 Powers Road D/C aide $3.85/hr 30/HR
Flo Kirkner 16 Bender Drive Wtrfrnt Dir. $7.50/hr 35/HR
Jack Shanahan 5936 Benning Road Summer/Super. $6.00/hr 35/HR
Michele Herrmann 6052 Emerson Drive swim $4.15/hr 30/HR
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business ##2,3,4,5,6,7,8, Referrals to the Planning Board.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 following items as entered on the agenda:
2. Uniland Development Corp., 3345 Southwestern Blvd. - Requests Building Permit for an office building.
3. Simoncelli Electric, 3730 California Rd. - Requests Building Permit for a 7,000 sq.fl. addition for storage space.
4. Orchard Parks & Gardens, 2924 Southwestern Blvd. - Requests permit for a temporary greenhouse for use 4/90 - 7/90.
5. A.D.S. Development. 3345 N. Benzing Rd. - Requests Building Permit for an 8,000 sq.ft. warehouse and office.
6. Ronald W. Buss, Trustee, 24 Burbank Dr. - Requests rezoning of property at 7159 Michael Rd. from B-3 to R-3.
7. Lois E. Buss, 3030 Baker Rd. - Requests rezoning of property at 3030 and 3050 Baker Rd. from B-3 to R-3.
8. Donald R. Treeby, 3070 Baker Rd. - Requests rezoning of 3070 Baker Rd. from R-2 to R-3.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #9 - Jaycees Easter Egg Hunt at Yates Park.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
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RESOLVED that the Town Board be and is hereby authorized to approve the request from the Orchard Park Jaycees for the use of Yates Park on April 7, 1990, 9:00am - 2:00pm to conduct their annual Easter Egg Hunt.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #10 - D.C.O. attendance at Nuisance Wildlife Trapping Training Course.
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 request from D.C.O. Dennis Buczkowski to attend, with his two assistants, the "Nuisance Wildlife Trapping Training Course" to be held at Avon, N.Y. on 3/23/90 from 9am to 6pm at town expense as provided in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, the New York State Legislature has adopted Section 1399 of the
Public Health Law entitled Regulation of Smoking in Certain Public Areas, and
WHEREAS, the Town of Orchard Park is compelled by such statute to adopt and implement a written smoking policy which shall apply to any indoor area or portion thereof under the control of the Town Board of the Town of Orchard Park in which employees perform services but which is not generally accessible to the public,
NOW, THEREFORE, the Town Board of the Town of Orchard Park adopts the following written smoking policy:
1. All employees in the Town of Orchard Park shall be provided with a smoke free work area.
2. Certain work areas may be set aside for smoking if all employees assigned to such
work area agree to such designation.
3. 70% of the indoor seating capacity of any employee lunch room shall be designated nonsmoking areas.
4. Smoking is prohibited in conference rooms, rest areas, elevators, classrooms, hallways, any rooms or areas which
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contain photocopy equipment or other equipment used in common and in any Town vehicles occupied by more than one person unless the occupants of such vehicle agree that smoking may be permitted.
5. The following rooms are designated as separate enclosed rooms not open to the public for use as a smoking area:
a. Basement of the existing Orchard Park Town Hall
b. Basement of Annex Building
c. Smoking is prohibited in all other Town buildings
and be it further
RESOLVED, that this smoking policy shall be prominently posted in all Town work areas.
Before the vote was taken, a discussion was held by members of the Town Board, Town Engineer, Town Attorney and Superintendent of Highways. It was the consensus of those participating in the discussion that the proposed resolution needed to be reviewed and/or revised before a vote should be taken.
At this point Supervisor Mill withdrew his motion and Councilman Barnas withdrew his second.
THE RESOLUTION WAS WITHDRAWN.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
WHEREAS, The Town of Orchard Park is a town of the first class, and;
WHEREAS, after considerable study and evaluation of the premises at Bruce Drive and Scherff Road in the Town of Orchard Park which were deeded to the Town of Orchard Park on the 28th day of April, 1961, and determination has been made that such property should be sold,
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, pursuant to the provisions of Section 64—2 of the Town Law, subject to a permissive referendum, that the premises owned by the Town of Orchard Park at the intersection of Scherff Road and Bruce Drive, be sold to Donald Gambee, for the sum of FOUR THOUSAND EIGHT HUNDRED FIFTY ($4,850.00) DOLLARS. Said premises being described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Orchard Park, County of Erie and State of New York, being part of Lot No. 3, Township 9, Range 7 of the Holland Land Company's Survey, bounded and described as follows:
BEGINNING at the point of intersection of the east line of Scherff Road as conveyed to the County of Erie in Liber 6394 of Deeds at page 320 with the north line of Bruce Drive as a sixty (60) foot street as shown on Map Cover 2124; running thence easterly and along the northerly line of Bruce Drive, sixty and sixty—four hundredths (60.64) feet to a point of curve; thence continuing easterly along the north line of Bruce Drive and on a curve to the left having a radius of five hundred forty-two and ninety-eight hundredths (542.98) feet, ninety-nine and sixty-four hundredths (99.64) feet to the southwest corner of Sublot No. 1 as shown under Map Cover 2124; thence northerly and along the west line of said Sublot No. 1, one hundred ninety and
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seventy-eight hundredths (190.78) feet to a south line of said Sublot No. 1; thence westerly at right angles to last mentioned line and along a southerly line of said Sublot No. 1, one hundred fifty and fifty-nine hundredths (150.59) feet to the east line of Scherff Road as conveyed to the County of Erie by deed first above mentioned; running thence southerly and along said last mentioned east line of Scherff Road, forty-nine and fifty-six hundredths (49.56) feet; thence westerly at right angles with said easterly line of Scherff Road fifteen (15) feet; running thence southerly at right angles and along the said easterly line of Scherff Road, one hundred forty-nine and ninety-nine hundredths (149.99) feet to the point of beginning.
SUBJECT to an easement granted to the County of Erie dated February 17, 1959, and recorded in Erie County Clerk's Office in Liber 6394 of Deeds at page 324 for a creek channel as the same affects the northwest corner of above described premises.
That the Supervisor is hereby authorized and directed to sign a contract conveying such property, and that such contract shall provide that Donald Gambee shall be responsible for all expenses in connection with such sale, and that the Town of Orchard Park shall convey a Quit Claim Deed, and that the Town of Orchard Park shall have no obligation to correct any environmental defect in connection with such property, and that the Supervisor shall also execute the deed and other documents necessary to the closing of the sale on behalf of the Town of Orchard Park, and be it further,
RESOLVED, that pursuant to Section 82 and 90 of the Town Law that within ten (10) days from the date of this Resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the Resolution; shall contain an abstract- of such Resolution concisely setting forth the purpose and effect thereof; shall specify that this Resolution was adopted subject to a permissive Referendum; and shall publish such notice in the Suburban Press, a newspaper published in Erie County having a general circulation in the Town of Orchard Park, and in addition thereto, that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Orchard Park, a copy of such notice within ten days after the date of the adoption of this Resolution.
The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill reported 1) he attended the Long Range Traffic Study Committee Meeting and they are attempting to gather all the information in the matter of sewer service in this area. He requested Councilman Curley to obtain a copy a map showing all the sewers in this Erie County District, and 2) he attended a meeting at the Rath Building today of the Erie County Advisory Review Committee as the discussion of the Torrax Facility appeared on the agenda. It has been decided that this property shall not become excess but shall remain on the tax rolls as owned by the County. There was much discussion as to what use it shall be put to. One popular idea was to have it become a Haz-Mat Emergency Team Facility which would house material and equipment for the Haz-Mat Team.
Councilman Mills stated he felt a letter should be sent to Mr. Toby letting him and the County of Erie know that the Town of Orchard Park is opposed to any use of the building other than being surplus and discourage the use of the site for any active
Solid Waste Program.
Councilman Curley reported Sewer #3 will he having a meeting the end of the month, the Search and Survey of the Duerr Road property has been ordered by the County and
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shall he delivered to the proposed purchaser. He believes the $10,000.00 deposit is non-refundable.
Councilman Buyer reported the 2/19/90 issue of Business First listed the 25 most fast growing areas in Western New York. Orchard Park was not listed and after much research, he discovered the wrong census figures had been used and that's why Orchard Park was not on the list.
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 request from Highway Superintendent Ronald Geitter to purchase one (1) new Chevrolet station wagon from Breeze Chevrolet, Liverpool, New York at state bid cost, not to exceed Twelve Thousand Eight Hundred forty-three Dollars and thirty-two cents ($12,843.32), and be it further
RESOLVED, the 1984 Chevrolet station wagon that the new one shall replace, shall be sold at auction if not needed in any other town department.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, Phase I of the Orchard Park Municipal Center is nearing completion, and
WHEREAS, to facilitate use of the additional parking lot and provide the necessary lighting a150 wall flood lamp should be installed as per the Parking Lot Lighting Plan
NOW, THEREFORE, be it
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 March 7, 1990 as recommended by the Town Engineer:
Parking Lot behind Town Hall
Install 1-14400 lumen hps flood light @ $183.49 $ 183.49
Pole 3, Line 1816 (south side of parking lot)
TOTAL ANNUAL INCREASE---$ 183.49
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
WHEREAS, on 10/5/88 the Town Board did award the bid for the improvements to Vistula Avenue to ABP Concrete Cost., Inc., 41 Shoreham Pkwy, Buffalo, and
WHEREAS, the project was completed and accepted October 12, 1988, and
WHEREAS, final payment was not made at that time due to the contractor's failure to submit required documentation and employee interviews as requested by the Community Development Program, and
WHEREAS, this required documentation has now been submitted and all construction work on the Vistula Avenue Project has been satisfactorily completed
NOW, THEREFORE, be it
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RESOLVED that the Town Board be and is hereby authorized to approve the Final Change Order in a decrease of One Thousand Two Hundred forty-five ($1,245.00) Dollars to ABP Concrete Const., Inc. for the installation of concrete gutters on Vistula Avenue as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) 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 Final Payment to ABP Concrete Const., Inc. for the improvement for Vistula Avenue - installation of concrete gutters project in the amount of One Thousand Five Hundred ten and twenty-five cents ($1,510.25) bringing the final contract amount to Thirty Thousand Two Hundred five ($30,205.00) Dollars as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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 all entries on Warrant #5 following auditing by members of the Town Board and in the funds indicated:
WARRANT #5
GENERAL FUND $268,111.13
PART TOWN FUND 2,101.66
HIGHWAY FUND 6,715.53
SPECIAL DISTRICTS FUND 24,581.42
TRUST & AGENCY FUND 69,214.67
CAPITAL FUND 164,693.09
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) 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 receive and file the communications as entered on the agenda:
1. Public Safety Committee Chairman John Capriotto re: Speed Limit on Abbott Road between Lake Ave. and Milestrip Rd.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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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 reports as entered on the agenda:
1. Court Clerk Kay Leitzan ]
Police Chief Robert Henning ]
Councilman David Buyer ] Report on Association of
Conservation Board Member Ronald Mancuso ] Towns Conference
Town Attorney Leonard Berkowitz ]
2. Building Permits and Building Inspector's Monthly Report for February 1990.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Joseph Ippolito, 3085 Southwestern Blvd. - Reviewed his problems with Terry Campbell the Town Assessor, but wanted the Town Board to know that at least he; (Terry) did consent to talk to him. He realizes the Assessment Board of Review is not a paid position, but feels it is imperative that the people appointed to this board must be well qualified and have expertise in the property appraisal area.
John Coleman, Suburban Press - Agrees with the Town Board that the town buildings be "smoke free".
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:07 PM EST.
Respectfully submitted
Betty Reukauf
Town Clerk