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 20th day of May, 1992 at 8:00 PM EDT and there were

 

PRESENT AT ROLL CALL:   D. J. Mill              Supervisor

P. D. Barnas            Councilman

D. M. Buyer             Councilman

N. W. Ackerman          Councilwoman

 

Betty K. Reukauf        Town Clerk

L.       Berkowitz            Town Attorney

R. W. Sweet             Building Inspector

R. C. Henning           Chief of Police

R. A. Geitter           Supt. of Highways

M.       R. Merritt           Town Engineer

 

ABSENT:                  J. J. Mills             Councilman

 

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 BUYER, TO WIT:

 

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 5/6/92 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 DULY ADOPTED.

 

New Business #1 - O.P. Veterinary Hosp., Orchard Park Rd.-Directional Sign.

 

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 refer to the Planning Board and Conservation Board the request from Orchard Park Veterinary Hospital, 3507 Orchard Park Road for approval of installation of Directional Sign.

 

THE RESOLUTION WAS DULY ADOPTED.

 

New Business #2 - Recreation Staff appointments.

 

2)       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 appointment of the following residents to the 1992 summer Recreation Staff as recommended by the Recreation Director:

 

Karyn Haley         23 Wildwood            Grd.           $4.50/HR          30 HR

Mary O'Connor       6739 Jewett Holmwood   Grd.           $4.50/HR          30 HR

Erin Jusiak         4480 Duerr Rd.         Grd.           $4.50/HR          30 HR

Mark Tesseyman      48 Old Orchard         Aide           $4.25/HR          30 HR

Kevin Witman        76 Candy Lane          Aide           $4.15/HR          30 HR

THE RESOLUTION WAS DULY ADOPTED.

 

3)    THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

WHEREAS, the Town Board did approve the appointments to the 1992 summer Recreation Staff as recommended by the Recreation Director on 5/6/92 including the position and hourly rate

 

NOW, THEREFORE, Be it

 

RESOLVED that the Town Board be and is hereby authorized to amend resolution #7 of 5/6/92 meeting in the matter of the hourly rate for the following person to read as follows, due to a typographical error by Recreation Dept:

 

Kevin Jewell      8 Thomaston Lane         Guard       $4.50/HR       30 HR

 

THE RESOLUTION WAS DULY ADOPTED.

 

New Business #3 - Dog Control Officer - Attend State Association Meeting.

 

4)    THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Dog Control Officer to attend the annual New York State Animal Control Association Meeting in 6/3/92 in Waterloo, New York at Town expense as provided in the budget.

 

THE RESOLUTION WAS DULY ADOPTED.

 

New Business #4 - Greenpeace - Door-to-door fund drive.

 

5)    THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the request from Greenpeace, Rochester, New York for permission to conduct their annual door-to-door fund drive in the Town of Orchard Park 6/15/92 - 7/6/92 with the stipulation that the hours of solicitation be conducted from 2PM to 8PM.

 

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 appointment of James Wellington, 7160 Ward Road as a part-time summer employee for the Munici­pal Center effective 6/1/92.

 

THE RESOLUTION WAS DULY ADOPTED.

New Business #6 - "National Garden Week" Proclamation.

 

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

Whereas, the Orchard Park Garden Club is an organization which was founded in 1976, Federated in 1977 and is comprised of 83 members; and

 

Whereas, the Orchard Park Garden Club members plant 150 hanging baskets and 25 summer flowering planters which are displayed throughout Our Town. They plant the beautiful gardens at Green Lake and the Ellicott Triangle; and

 

Whereas, the Orchard Park Garden Club has numerous sales and fund raisers which help a scholarship fund for Orchard Park graduates planning to continue education in the field of horticulture; and

 

Whereas, the Orchard Park Garden Club members participate in decorating Orchard Park's only National Historic Site, the Jolla House; and

 

Whereas, the Town of Orchard Park does hereby join the National Council of State Garden Clubs, Inc., the Federated Garden Clubs of New York State, Inc., and the Orchard Park Garden Club in celebrating NATIONAL GARDEN WEEK, June 7-13, 1992, in honor and appreciation of the efforts from the membership as a source of community pride and beautification;

 

Now, Therefore, be it resolved, that the Town of Orchard Park, in the County of Erie, in the State of New York, does hereby proclaim the week of June 7th through 13th, 1992, as:               

 

                                "NATIONAL GARDEN WEEK"

                         

THE RESOLUTION WAS DULY ADOPTED.

 

New Business #7 (not on agenda)-Federation for the Future of N.Y. fund drive.

 

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Federation for the Future of New York to conduct door-to-door fund drive May 20 to July 15, 1992 with the stipulation that the canvass shall be done between the hours of 2PM - 8m.

 

THE RESOLUTION WAS DULY ADOPTED.

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

 

WHEREAS, the Erie County Water Authority has been working on the development of a geographical information system (GIS), and

 

WHEREAS, Erie County Water Authority has now finished county wide aerial photography, and

 

WHEREAS, in order to operate a GIS system jointly with others, some changes are re­quired in the Erie County Water Authority Charter

 

NOW, THEREFORE, be it

 

RESOLVED, that the Orchard Park Town Board records its support of the following bills in the New York Legislature: #A-8451 and #S-6087, and be it further

 

RESOLVED, that certified copies of this resolution be sent to: Erie County Water Authority, Senator Volker, Assemblyman Pordum, Assemblyman Keane, Senator Stachowski and Senator Cook.

 

THE RESOLUTION WAS DULY ADOPTED.

 

Supervisor Mill reported the State Comptroller's Office has filed their report on the examination of the fiscal affairs of the Town of Orchard Park for the period 1/1/90 - 12/31/90. They have found only two items of criticism. One deals with the record keeping of the Towns indebtedness and the other was the application and/or

use of the sales tax. He shall be responding on both items. Town Auditor John Malloy commended the Town on such a "short" report.

 

Councilman Buyer, as Councilman representing the safety of this community goes on record stating his concerns, unhappiness and disgust with the Buffalo Bills Organi­zation upon learning of the scheduling of Guns N' Roses and Metallica, two of the largest metal bands in the country, in Rich Stadium on July 25th, this summer. The band has a reputation for substance abuse, unruly fans, use of offensive lyrics and arriving late, but reports recently state the band members have toned down their behavior. He realizes the Town has no authority about the scheduling of concerts but he feels this concert should not be held in Orchard Park.

 

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:

 

WHEREAS, the Orchard Park Library property is owned by the Town of Orchard Park, and

 

WHEREAS, it is necessary to expand the parking area to accommodate the increased use by residents, and

 

WHEREAS, the Town Engineering Department did prepare five options for consideration for the proposed expansion

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to direct the Town Engineer and the Highway Superintendent to implement Plan #2 as prepared by the Town Engineer­ing Department to expand the Library parking lot from 39 spaces to 57 spaces at a proposed cost of approximately $18,000.00.

 

Before the vote was taken, Councilwoman Ackerman stated the plan which was chosen shall provide extra parking directly behind the Library building, is the least ex-pensive, provides for removal of only one (1) tree and provides the greatest number of parking spaces. The Highway Department shall do most of the site work and the pav­ing shall be done by a private paving company. Hopefully construction shall begin after Memorial Day and be completed by early August.

 

 

Reg. Mtg. #10        Mtg. #11            5/20/92                 Page 5

     

THE RESOLUTION WAS DULY ADOPTED.

 

Councilman Buyer and Councilwoman Ackerman commended the Highway Superintendent for the lovely landscaping project done at the Municipal Center, by his department.

 

11) THE FOLLOWING RESOLUTION WAS OFFERED BY. COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Police Chief to conduct an auction to sell unclaimed bicycles and items acquired by the Police Department on 6/13/92 at 10:00 AM EDT at the rear of the Municipal Building, and be it further

 

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

 

THE RESOLUTION WAS DULY ADOPTED.

 

12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Orchard Park Lions Club to have exclusive use of Yates Park on June 21, 1992 to conduct their 5th annual Fish Derby.

 

THE RESOLUTION WAS DULY ADOPTED.

 

Councilman Barnas, as President of the Lions Club, thanked the Board for their approval of this request.

 

13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

WHEREAS, the Town Board decided to move the location of the Supervisor's office and to eliminate future expense by converting the designed unallocated basement space into a larger multi-purpose meeting room and revisions were made at Town request to the room configurations in the two story addition to the former Town Hall, and

 

WHEREAS, extra work was involved adding cabinets in the Town Clerk's mail room; replacing the pencil drawers in the Tax Receiver's public counter; adding a closet, wood shelving and bifold doors along with oak baseboard and chair rail in the Super-visor's office; additional construction of walls, painting and floor tile for the expanded multi-purpose room and basement storage room; additional wallboard for meeting building and fire codes at several revised chase walls; additional fram­ing to accommodate relocated electrical panels and bulletin boards; credit for not installing counter tops in the Assessor's and Building Inspector's offices; and credit for not installing carpeting in the Supervisor's office

 

NOW, THEREFORE, be it

Reg. Mtg. #10     Mtg. #11          5/20/92                 Page 6

RESOLVED that the Town Board be and is hereby authorized to approve Change Order #15 to the Orchard Park Municipal Center Project - Contract A with Kirst Construction, Inc., 7.170 Boston State Road, N. Boston, New York in the amount of an increase of $10,249.80, bringing the total Contract A amount to $2,523,480.85 which is 4.1% above the original contract amount; as recommended by the Town Engineer.

                        

THE RESOLUTION WAS DULY ADOPTED.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #9 following auditing by members of the Town Board and in the funds indicated:

 

 

Warrant #9      

General Fund

$442,814.13

Part Town Fund

103.61

Highway Fund

9,036.36

Special Dists. Fund

530,460.91

Trust & Agency Fund

133,892.58

Capital Fund

102,345.96

Debt Service Fund

439,249.36

 

 

 

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

Highway Superintendent Ronald Geitter requested the Town Board to take action to stop the removal of top soil from the area of Bender-Burbank-Ventura Subdivision. This problem has come up before and he feels we need an ordinance to regulate the top soil removal from subdivisions.

 

A discussion was held by the Highway Superintendent, the Town Engineer, Building Inspector, the Town Board and the Town Attorney to inform everyone of all aspects of the problem in the Burbank-Ventura area subdivision.

 

The Highway Superintendent the Town Engineer stated the developer guaranteed in writing to the Town that no top soil and soil pile would be removed over the paved roads and with that guarantee, the 1st phase of the subdivision was dedicated. It not only is the use of the roads but the Highways have been swept two times and at point needs to be swept again.

 

The Building Inspector stated, if directed to do so, he would go down and stop the operation tomorrow.

 

The Town Attorney stated he has not seen the written guarantee from the contractor but the ordinances do prohibit a business in a residential zone. Certainly the Building Inspector could site them for this.

 

15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to direct the Building Inspector to take whatever action is appropriate or necessary to stop the operation of the removal of top soil from the Burbank and/or Ventura area.

 

 

Text Box: Respectfully submittedText Box: Text Box: Betty K. Reukauf Town Clerk

Reg. Mtg. #10      Mtg. #11              5/20/92                    Page 7

 

 THE RESOLUTION WAS DULY ADOPTED.

 

16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

 

RESOLVED that the Town Board be and is hereby authorized to request the Town Attorney to prepare a draft copy of an ordinance dealing with the problem of top soil removal and/or hauling of top soil in a residential area.

 

THE RESOLUTION WAS DULY ADOPTED.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:50 PM EDT.