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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 4th day of
November 1992 at 8:00 PM EST and there were
PRESENT AT ROLL CALL: Dennis J. Mill Supervisor
John J. Mills Councilman
Paul D. Barnas Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Betty K.
Reukauf
L. Berkowitz
R. W. Sweet
R. C. Henning
R. A. Geitter
M. R. Merritt
Town Clerk
Town Attorney Building Inspector Police Chief
Supt. of Highways Town Engineer
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
Old Business #1 - Award bid for Police Patrol Vehicles.
1) 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 award the bid for five (5) new 1993 Police Patrol Vehicles to Towne Ford, 3535 Southwestern Blvd., Orchard Park at a cost not to exceed Fifty-four Thousand Four Hundred fifty-four Dollars and ninety-five cents ($54,454.95) with trade of five (5) Police Patrol Vehicles, they being the lowest responsible bidder thereof and as recommended by the Police Chief.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1, #2, #3 - Referrals to the Planning Board.
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 refer to the Planning Board and Conservation Board the following items as entered on the agenda:
#1- Bert's Bikes & Sports, 3691 Southwestern Blvd. - Requests building permit for 6,000 sq.ft. addition to present structure.
#2 - Dr. V.J. McGravey, 3460 Orchard Park Road - Requests Special Exception Use for medical office.
#3 - Aurora Park Catholic Club, southside of Weiss Rd. - Requests building permit for a 2,300 sq.ft. recreation club facility.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - Citizens Campaign for Environment - annual canvass.
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 approve the request from the Citizens Campaign for the Environment to conduct their annual winter/spring of 1993 canvass during the hours of 2pm - 7pm.
Reg. Mtg. #21 Mtg. #22 11/4/92 Page 2
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - M. Lubecki, Ward Rd., Town of Boston - Out of District Water.
5) 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 Michael Lubecki, 6189 Ward Road, Town of Boston, N.Y. to become an Out of District Water Customer in Orchard Park Water District #17.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #6 - J & C Buczek, Mllestrip Rd. - Conservation Easement.
6) 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 refer to the Conservation Board the application from John & Cindy Buczek, 7380 Milestrip Rd. for a Conservation Easement on 5.80 acres of land at 7380 Milestrip Road.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #7 - Appointment of Municipal Building part-time Clerk.
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 Elizabeth Dunning, 6343 Taylor Road as a part-time Clerk for the Municipal Building effective 11/9/92.
THE RESOLUTION WASUNANIMOUSLY ADOPTED.
New Business #8 - Creation of Assessment Clerk.
8) 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 creation of the position of Assessment Clerk in the competitive class for the Town Assessor's office.
Reg. Mtg. #21 Mtg. #22 11/4/92 Page 3
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #9 - Adjustments to Town water rates.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Erie County Water Authority has passed a rate increase which is effective January 1, 1993; and
WHEREAS, a water rate increase is necessary to maintain parity with the current per gallon cost that the Village of Orchard Park is charging the Town in most Districts; and
WHEREAS, this rate increase will be an interim measure until the consolidated water study is completed in order to keep the current deficits in Water District 1, 4 and 8 from growing larger;
NOW, THEREFORE, BE IT
RESOLVED, that the following new water rates, per ten
thousand gallons, are hereby adopted, effective with the 4th quarter billing period of 1992:
District 1 $25.00
District 4 $21.00
District 4 x 1 $21.00
District 8 $23.00
District 8 x 1 $20.00
District 8 x 2 $18.50
District 8 x 3 $20.00
District 10 $23.00
District 20 $23.00
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #10 - Hay Ride - Benning Road.
Mrs. Marvin Ashburn, 6326 Benning Road - Requested the Town Board to answer some questions in regards to the recent hay ride promotion which was to benefit Buffalo Children's Hospital held on Benning Road a few weeks ago. Had a permit been issued for the hay rides, who was to police the cleanup and had any of the residents in the area been considered when this was ok'd ?
Supervisor Mill explained that he indirectly was to blame for the event because he did not want to have to tell approximately 2,000 children, handicapped and suffering from terminal illness that they could not come to Orchard Park to have a hay ride.
Reg. Mtg. #21 Mtg. #22 11/4/92 Page 4
Supervisor Mill explained the nature of the proposed event and the request was turned over to the Building Inspector who had no idea of the immensity of the promotion. He only found out at the last minute that more than 2,000 children had reservations for the hay rides. He made the decision, right or wrong, and no permit was issued. He realizes that it created a serious problem with parking and that Benning Road is not well lit.
He apologized to all residents and neighbors for the inconvenience that they incurred, but it will not happen again. There also was the problem of refuse left along the highway and on vacant lots.
Matt Jacobs, the promoter, spoke from the audience and assured the people that the hay rides will not be held on Benning Road again as the next hay rides are scheduled to be held at Kissing Bridge.
10) 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 transfer as recommended by the Town Assessor:
$1,114.03 from A1355.455 to A1355.459
$22.12 from A1355.414 to A1355.400
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) 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 transfer as recommended by the Town Clerk:
$2,469.00 from A3089.000.000 Special Municipal Aid to A1410.461 R.M.O.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the following transfer as recommended by the Recreation Director:
$50.00 from 7020.449 to 7020.419
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilwoman Ackerman reported the Library on South Buffalo Street now has a new roof which was funded, at a cost of $12,038.00, from the Town's Capital Improvement fund.
Reg. Mtg. #21 Mtg. #22 11/4/92 Page 5
13) 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 Commercial Parking Lot Permit Application #67 from Monica Oh, 3949 Southwestern Blvd. as recommended by the Building Inspector.
THE RESOLUTION WAS UNANIMOUSLY 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 schedule a bid opening on 11/23/92 at 2:00 PM EST in the Supervisor's Conference Room for Police Uniform Parts as requested by Police Chief Henning, and be it further
RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.
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 approve all entries on Warrant #20 following auditing by members of the Town Board and in the funds indicated:
WARRANT #20
GENERAL FUND $48,776.43
PART TOWN FUND 3,410.17
HIGHWAY FUND 27,349.13
SPECIAL DISTRICTS FUND 35,184.09
TRUST & AGENCY FUND 48,306.54
CAPITAL FUND 12,038.00
COMMUNITY DEVELOPMENT FUND 23,079.88
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, 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 communications as entered on the agenda:
1. County Executive Dennis T. Gorski - Acknowledgement of adopted resolution opposing cuts in the Erie County Dept. of Environment and Solid Waste Program.
Reg. Mtg. #21 Mtg. #22 11/4/92 Page 6
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) 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 receive and file the report as entered on the agenda:
1. Building Permits and Building Inspector's monthly report for October 1992.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:44 PM EST.
