Reg. Mtg. #19 Mtg. #21 10/3/90 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 October, 1990 at 8:00 P.M. 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 BARNAS, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 9/5/90 and 9/19/90, 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.
Supervisor Mill welcomed everyone to the first Town Board Meeting held in the Council Chamber of the newly renovated Post Office Building. Many aspects of the Municipal Building Project have been frustrating but hopefully the tax dollars have been spent wisely. In the Council Chambers there is seating for approximately 147 and the facility itself has been blended with the older structure and new additions. Many of the windows, area of marble, terrazzo floors, pillars and the vestibule have been retained from the old post office.
Supervisor Mill credited the Town Engineer and his staff and Joe DiPirro, project coordinator for the excellent smooth transition that has been done so far. He is pleased and proud to use this new facility.
Old Business #1 - Award bid for contaminated soil removal and disposal.
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 award the bid for Contract G for Orchard Park Municipal Center which provides for the contaminated soil disposal to International Waste Removal, Inc., 1951-18 Hamburg Turnpike, Lackawanna, New York in an amount not to exceed Nineteen Thousand Twenty-seven ($19,027.00) Dollars, they being the lowest responsible bidder thereof and as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #19 Mtg. #21 10/3/90 Page 2
New Business #1 - Set Public Hearing for Benefit Basis Special Districts Budget.
2) 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 schedule a Public Hearing on 10/17/90 at 8:00 PM EDT to consider the proposed Benefit Basis Special Districts Budget for the year 1991, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - Set Public Hearing for Preliminary Budget.
3) 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 schedule a Public Hearing on 10/17/90 at 8:00 PM EDT to consider the proposed Preliminary Budget for the year 1991, and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - Bestline Floorcovering, Baker Rd. - Change in Use to Retail Sales.
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 refer to the Planning Board and Conservation Board the request from Bestline Floorcovering Company, 3043 Baker Road for a Change in Use from Industrial Repair to Retail Sales.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - Daniels Chevrolet, W. Quaker St. - Special Exception Use, auto dealer.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the property located at 6185 West Quaker Street, previously occupied by Daniel's Chevrolet, Inc., was approved by the Town Board on 1/18/89 for continued property uses for automotive related services, and
WHEREAS, it is not necessary to approve Special Exception Use as the property now has the correct zoning
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board for site plan review, the request from Daniel's Chevrolet, Inc.
Reg. Mtg. #19 Mtg. #21 10/3/90 Page 3
Before the vote was taken, a lengthy discussion was held by members of the Town Board in the matter of zoning of property, use of property, need for referral to the Planning Board etc. Councilman Mills stated he was only in favor of site plan review and not use of property review.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - Recreation Staff appointments.
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 following appointments to the 1990-1991 Fall/Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director:
Sue Pernick 19 Lehigh St. Grd/Inst. $6.00/HR
Mary O'Connor 6739 Jewett Holmwood Swim $4.00/HR
Kristen VandeCarr 39 Harvard Place As/Coach $5.00/HR
Daniel Collins 4374 Abbott Road B/B Dir. $5.00/HR
Diane Gibson 5270 Newton Road Gym/Assist. $4.00/HR
Elise McKenica 37 Braunview Way Swim $5.00/HR
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #6 - Military Reservists called to active duty, medical benefits.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, the present world crisis has caused many military reserve personnel to be called to active duty, and
WHEREAS, the Town of Orchard Park currently has the possibility of three employees who could be called to active duty
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve a maximum six month extension of family medical and dental benefits for town employees who are in the military reserves and are called to active duty.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, upon recommendation of the Public Safety Committee and pursuant to the authority granted by Section 1662-a of the Vehicle & Traffic Law of the State of
New York
NOW, THEREFORE, be it
Reg. Mtg. #19 Mtg. #21 10/3/90 Page 4
RESOLVED that the Town Board be and is hereby authorized to adopt an order establishing an area speed limit of 30 miles per hour in the Lakeridge Subdivision within the Town of Orchard Park outside the Incorporated Village of Orchard Park, and be it further
RESOLVED that the Town Attorney be and is hereby directed to draw this order in its proper form, and be it further
RESOLVED that the Superintendent of Highways be and is hereby directed to post proper signs indicating the beginning and the termination of the above speed zone upon receipt of this order.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, Kirst Construction, Inc. has retained counsel to represent them in connection with various disputes between the Town of Orchard Park and Kirst Construction, Inc.; and
WHEREAS, it appears that litigation may take place between the Town of Orchard Park and Kirst Construction, Inc. regarding the various disputes between the parties; and
WHEREAS, the law firm of Hodgson, Russ, Andrews, Woods & Goodyear, and Benjamin M. Zuffranieri, Jr., Esq., of counsel, have expertise in connection with litigation and dispute resolution relating to construction projects,
NOW, THEREFORE, BE IT RESOLVED, that the law firm of Hodgson, Russ, Andrews, Woods & Goodyear, and Benjamin M. Zuffranieri, Jr., Esq., of Counsel, is hereby retained, at the rate of $125.00 per hour, as special counsel to represent the Town of Orchard Park in connection with any dispute or litigation which have arisen or may arise between the Town of Orchard Park and Kirst Construction, Inc.
Before the vote was taken a discussion was held by members of the Town Board and the Town Engineer in the matter of the problems between the contractor Kirst Construction Inc. and the Town of Orchard Park. Kirst contends the Town is almost three months behind in payments and the Town contends Kirst has been paid up to 82% of the total project and still has approximately 20% of the project to complete. Both agree the project is behind schedule and Kirst has asked for a 5 month extension as he contends the Town has asked for additional work to be done, made changes to the original design etc. The Town Engineer feels Kirst is not giving the proper attention to the project, is not coordinating subcontractors etc. Hopefully, the dispute can be settled and everyone get back to work.
Reg. Mtg. #19 Mtg. #21 10/3/90 Page 5
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 9/5/90 the Town Board did rescind Commercial Parking Permit #11 for Windom Hardware, 3837 Southwestern Blvd.
NOW, THEREFORE be it
RESOLVED that the Town Board be and is hereby authorized to approve the application for Commercial Parking Permit #11, Richard Schosek, Executor of the Estate of Mary Ann Curtin (Windom Hardware) as recommended by the Building Inspector.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill 1] directed the Town Attorney to draft a letter to Dr. Clair, the out of town lease holder of the Jolls property, clearly indicating the repairs and maintenance to be done as designated by the Building Inspector in writing, at said property with a 60 day deadline for completion of said repairs. 2] complimented local contractor Robert Braun for placing a flagpole at the entrance to Braunview Estates at East Quaker Street and 3] the County of Erie is negotiating a contract for the lease of the Torrax Building with the Hazmat Team.
Councilman Mills reported the Ad Hoc Sign Committee has completed their review and shall be filing their recommendations with the Town Board in the very near future. He thanked everyone for a job well done and especially John Bernard, Chairman, Leonard Berkowitz for his legal advice and Robert Sweet, Building Inspector for his expertise on the zoning ordinance.
Councilman Barnas requested the Public Safety Committee consider the need for Benning Road speed limit regulations. It is one of the few streets in Orchard Park which does not have a restricted speed.
Councilman Buyer 1] requested the Town Building Inspector to inspect the unfinished homes on Fairway Drive as the Building Permits run out 12/13/90 and they could be considered dangerous and/or hazardous. The Building Inspector stated he has notified him of the 12/13/90 date and shall do further inspections. 2] requested the Public Safety Committee to consider some additional signs at the intersection of New Taylor, Taylor and South Taylor Roads. There is only 1 yield sign near the intersection with the railroad tracks, 3] the Recycling Committee is still very active and there is a student competition contest for a logo and slogan for the planned recycling program with Savings Bonds for the winners, 4] on 10/10/90 the meeting will be held by Town Board members with County officials to discuss the problems that Orchard Park has when concerts and/or Bills games are scheduled, and 5] the alternative Veterans Exemption, passed originally with a 10 year expiration date of 1995 has been amended by the Governor to make it a lifetime exemption.
Supervisor Mill stated he had attended a meeting with the Erie County Sheriff and he shall be out of Town and as he had stated before, he would prefer that the meeting be rescheduled.
11) 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 #19 following auditing by members of the Town Board and in the funds indicated:
Reg. Mtg. #19 Mtg. #21 10/3/90 Page 6
WARRANT #19
GENERAL FUND $ 68,723.13
PART TOWN FUND 1,055.21
HIGHWAY FUND 9,349.28
SPECIAL DISTRICTS FUND 300,400.74
TRUST & AGENCY FUND 260,926.29
CAPITAL FUND 225,557.73
DEBT SERVICE FUND 272,315.00
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) 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 Concord - Adopted resolution requesting E.C.Legislature to seek approval from Local Governments thru which Light Rail Rapid Transit Extension shall be proposed.
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 receive and file the Reports as entered on the agenda:
1. Building Permits and Building Inspector's Monthly Report for September 1990.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Marvin Ashburn, 6326 Benning Road - Commended the Town Board on the progress of the Town Hall project.
Supervisor Mill thanked everyone for attending the 1st Town Board Meeting held in the Board Room of the newly renovated old Post Office Building.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:05 PM EDT.
Respectfully submitted,
Betty K. Reukauf,
Town Clerk