1995 7th Town Board Meeting for the Town of Orchard Park, Erie County, State of New York

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 5th day of April 1995 at 8:00 P.M. EDT and the Pledge of Allegiance was rendered.

The meeting was called to order by the Supervisor 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

Janis A. Colarusso Town Clerk

Leonard Berkowitz Town Attorney

Ronald A. Geitter Supt. Of Highways

Robert C. Henning Chief of Police

Michael R. Merritt Town Engineer

Robert W. Sweet Building Inspector

New Business #1 - Orchard Park & Gardens Request a Building Permit.

1) 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 the request for a building permit from the Orchard Park & Gardens, S-2924 Southwestern Blvd., to the Planning Board and Conservation Board, to erect a temporary greenhouse to be used from May through to August of 1995.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - 1995 Summer Recreation Staff.

2) 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 following appointments for the 1995 Summer Recreation Staff as recommended by the Recreation Director.

Bart Chris, 20 Cherry Tree Aide $ 4.60 30 Hrs.

Mark Horgan, 6 Timberlake Grd. $ 4.85 30 Hrs.

Matthew Bystrak, 5718 Lake Avenue Aide $ 4.60 30 Hrs.

Jennifer Travers, 103 Meadowbrook Aide $ 4.60 30 Hrs.

Kate Knodel, 28 North Lane Aide $ 4.60 30 Hrs.

Erin Jusiak, 4480 Duerr Road Grd. $ 4.85 30 Hrs.

Mara Wasielewski, 19 Fir Top Grd. $ 4.85 30 Hrs.

Andrew Miller, 25 Briggs Grd. $ 4.85 30 Hrs.

Jennifer Poynton, 24 Quaker Lake Dir. $ 5.55 30 Hrs.

Michael Workman, 90 Fox Meadow Grd. $ 4.85 30 Hrs.

Bob Wellington, 6711 Jewett Aide $ 4.60 30 Hrs.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Schedule Public Hearing for Cable TV.

3) 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 schedule a Joint Public Hearing with the Village of Orchard Park and Town of Orchard Park, on May 17, 1995, at 8:00 P.M. EDT, for the proposed Cable T.V. Franchise Renewal, and be it further

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

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 & #5 - Referrals to the Planning Board.

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 refer to the Planning Board and the Conservation Board the following items as entered on the agenda:

#4 - Daniel’s Chevrolet, Inc., 5885 Big Tree Road, Orchard Park, New York, requests approval to construct a 10sq. ft. addition to the building located at 5885 Big Tree Road.

#5 - Daniel’s Chevrolet, Inc., 5885 Big Tree Road, Orchard Park, New York, requests a building permit to construct a new facility on Southwestern Blvd., in the “Auto Mall.”

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #6 - Proclaim April 17-21, 1995 as “Safety Week.”

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

WHEREAS, the Western New York Safety Conference, Inc., has taken great pride in the safety of people both on and off the job, and has implemented wide reaching programs of safety education and accident prevention, and

WHEREAS, this program has become and example and a model for all businesses and industries, and has served as a reminder for many of our residents to be more concerned with their own safety at home and at work, and

WHEREAS, it is a pleasure to extend this proclamation on behalf of our Town of Orchard Park to the Western New York Safety Conference, Inc., which will be having the 59th Annual Safety Conference and Trades Exhibit in Buffalo at the Hilton Hotel on April 19th and 20th, 1995, and

WHEREAS, the Western New York Safety Conference, Inc., should be commended for its continuing and progressive safety programs, urging all our citizens to support all such efforts to promote safety both on and off the job

NOW, THEREFORE, the Town Board of Orchard Park, in the County of Erie, in the State of New York, hereby proclaims the week of April 17th through 21st, 1995 as “Safety Week”.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #7 - Supervisors Conference in Albany.

6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

RESOLVED, that the Town Board does hereby authorize the Supervisor to attend the annual Supervisors Conference in Albany, scheduled for April 23 - 25, 1995, at Town expense.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Department Heads

Supervisor Mill wished Eric Morse, Editor of the Orchard Park Bee, well in his new job he has taken in Rochester, New York, effective the end of April.

Councilman Barnas stated 1) once again there has been another incident on Ellicott Road with the speed limit. A recent letter from Police Chief Henning stated that he still recommends the speed limit should be dropped. The Public Safety Committee also recommended the speed limit on this road should be lowered. Councilman Barnas stated Mrs. Verna Kirsch, 120 Ellicott Road, has contacted Police Chief Henning, Senator Dale Volker, and the Department of Transportation, in hopes to lower the speed limit once the construction with the hill on Ellicott Road is leveled out, and

2) The long term easement with New York State’s Facilities Development Corporation are prepared to grant the Town of Orchard Park a permanent easement on the rear property at 4504 California Road. This property is to be developed as a parking area for the new baseball diamonds at the California Road Recreation Area. This project will be completed before the baseball season opens.

Town Clerk Janis Colarusso thanked Eric Morse for all the wonderful things he has done for her and wished him well in his new endeavor.

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

WHEREAS, the Town of Orchard Park has requested an intermunicipal service agreement for its newly formed Town Sanitary Sewer District 20 and Sewer District No. 13, Extension No. 2; and

WHEREAS, the Erie County Sewer District No. 3 Board of Managers has approved the acceptance of sewage flows from the new Town District 20 and District No. 13, Extension No. 2; and

WHEREAS, the Erie County Southtowns Sewage Treatment Agency has agreed to treat the sewage flows from the new Town District 20 and District No. 13, Extension No. 2;

NOW, THEREFORE, BE IT

RESOLVED, that an intermunicipal service agreement is hereby authorized between Erie County Sewer District No. 3 and the Town of Orchard Park Sewer District 20 and District No. 13, Extension No. 2; and be it further

RESOLVED, that the Town Supervisor and the members of the Town Board are hereby authorized to execute said intermunicipal service agreement on behalf of the Town of Orchard Park Sewer District 20 and District No. 13, Extension No. 2

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED, that the Town Board be and is hereby authorized to direct the Supervisor to execute the agreement with Zambelli, to provide the 1995, 4th of July fireworks display in an amount not to exceed $ 3,100.00, as recommended by the Town Attorney.

Before the vote was taken, Councilman Barnas asked Counsel if the Town of Orchard Park is still following the procedure of paying half of the monies for the fireworks before the Fourth of July event and the balance after the occasion is over. Counsel stated yes.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, SECONDED BY COUNCILMAN BUYER, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to direct the Supervisor to execute the agreement with Chester & Ruth Kabel, which provides access of their driveway, to enter the Little League Field off of Thorn Avenue, as recommended by the Town Attorney.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, SECONDED BY COUNCILMAN MILLS, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to execute the Permanent Sanitary Sewer Easement, Sewer District #14, for St. John Vianney Roman Catholic Church Society of New York, to the Town of Orchard Park, for the Westgate Boulevard Reconstruction Project, and that a sum of $ 500.00 be paid to the Attorney of St. John Vianney Church for all legal matters involved with getting approval from the Courts to accept the easement, as recommended by the Town Attorney.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

WHEREAS, a letter from New York State’s Facilities Development Corporation stating they are prepared to grant the Town a permanent easement on the rear property of 4504 California Road, and

WHEREAS, this property is to be developed as a parking area for the new baseball diamonds at the California Road Recreation Area, and

WHEREAS, in order to acquire the permanent easement, the State of New York is requiring the Town of Orchard Park to provide them with a survey of the property, and

WHEREAS, a quote from TVGA to perform the work within two weeks at a cost of $ 480.00 has been obtained

NOW, THEREFORE, be it

RESOLVED, that the Town Board be and is hereby authorized to hire TVGA to perform the survey as requested by New York State, and recommended by the Town Engineer.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, pursuant to General Municipal Law Section 239-m, certain proposed municipal zoning actions must be submitted to a county planning agency for review and recommendation before the municipality makes a final determination of such zoning actions, and

WHEREAS, General Municipal Law Section 239-m also municipal agencies and the County to enter into agreements whereby certain zoning actions do not have to be submitted to a county planning agency for review and recommendation before the municipality makes a final determination on such zoning actions, and

WHEREAS, the purpose of this agreement is to recognize that certain zoning actions do not have intermunicipal or county-wide significance and, therefore, are best handled at the local municipal level without referral to the county planning agency for review and recommendation, and

WHEREAS, eliminating such referral would assist to streamline the County’s review process and at the same time assist to reduce administrative costs for both the municipality and the County.

NOW, THEREFORE, it is mutually agreed by and between the parties:

I. The County and the Municipality agree that the following actions will not need a review by the county planning agency:

1. Permits for temporary structures and temporary signs used during construction of permanent structures so long as the temporary placement is not within the required setback from the county for state highway or from abutting county or state land.

2. Setbacks variances for such matters including, but not limited to, garages, storage sheds, additions to structures, swimming pools and freestanding signs unless the variance would reduce the setback from a county or state highway or form abutting county or state land or involve a national or state registered historic site.

3. Dimensional variances for fences unless the fences are in a portion of the property adjacent to a county or state highway or the boundary of other state or county land.

4. Variances or permits to illuminate signs as long as the illumination is from a constant, non-flashing or non-intermittent source.

5. Applications to replace one or more signs on a work site at the same location as existing sign(s) where there is no increase in total sign area or maximum sign height for the site.

6. Application for the establishment or renewal of home occupations unless the proposal is to establish a home occupation unless the proposal is to establish a home occupation on property having direct access to a county or state highway, or on property which abuts the boundary of other county or state land.

7. Area variances unless the variance would reduce the setback from a county or state highway or from abutting county or state land.

II. A municipality may submit to the County additional planning and zoning actions deemed by the municipality to be of local rather than an inter-community or county-wide concern. The County shall have 30 days to reject the additional excepted planning and zoning actions submitted by the municipality. Notice of rejection to the municipality by the County must be supported by a written explanation and justification of such rejection.

III. The Municipality may terminate this Agreement on ten (10) days written notice by having the Chief Elected Official of the Municipality submit a written termination notice to the Commissioner of the Department of Environment and Planning. The County may terminate this Agreement on ten (10) days written notice by having the Commissioner of the Department of Environment and Planning submit a written termination notice to the Chief Elected Official of the Municipality. Upon termination of this Agreement, all local zoning actions required by General Municipal Law section 239-m shall be submitted to the county planning agency in accordance with the requirements of the applicable statutes.

IV. This Agreement is made and executed pursuant to Resolution, approved by the Erie County Legislature on April 28, 1994.

NOW THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the agreement between the Town of Orchard Park and the Erie County Environment and Planning Office.

Aye Nay D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Highway Superintendent Ronald Geitter stated, employees from his department, and employees from the Town Municipal Center had a meeting with Dr. Charles Stoddard, Superintendent of the Orchard Park Schools. Mr. Geitter commented that Dr. Stoddard is willing to extend his time and services for computer education for all employees from the Town Hall and the Highway Garage. At this time, schooling for computer programs for the Town employees will not begin until the Fall of 1995.

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

RESOLVED, that the Town Board does hereby authorize the purchase of (1) One-Ton-Truck to be taken from the State Bid List for $ 18,420.00, as recommended by the Highway Superintendent.

At this time Supervisor Mill stated that the money for the One-Ton-Truck was adopted in the 1995 Annual Budget.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

WHEREAS, Huntingdon-Empire Soils Investigations, Inc. submitted a proposal to perform Asbestos Testing Services at the Orchard Park Citizens Center, 70 Linwood Avenue, and

WHEREAS, to retain a consultant for the design of the center, the asbestos testing and summary report need to be completed, and

WHEREAS, the estimated time, Huntington-Empire Soils Investigations, Inc., need, to complete the asbestos testing and summary report, would be two weeks

NOW, THEREFORE be it

RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Huntingdon-Empire Soils Investigations, S-5167 South Park Avenue, for professional services in the amount of # 3,150.00, as recommended by the Town Engineer.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED, that the Town Board be and is hereby authorized to refer the request for traffic safety in the Lakeridge Subdivision from the Lakeridge Association, to the Public Safety Committee.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, SECONDED BY COUNCILMAN BUYER, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to approve all entries on Warrant #7, following auditing by members of the Town Board in the funds indicated:

General Fund $ 79,231.26

Part Town Fund $ 3,330.50

Highway Fund $ 41,815.01

Special District Fund $ 64,742.53

Trust & Agency Fund $ 65,836.82

Capital Fund $ 244.06

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, SECONDED BY COUNCILMAN BARNAS, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to receive and file the following Communications as entered on the agenda:Town of Wales Resolution; Revenue Sharing for Local Government

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, SECONDED BY COUNCILMAN MILLS, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to receive and file the following report as entered on the agenda: Building Inspectors Building Permits & Monthly Report for March 1995.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, SECONDED BY COUNCILMAN BUYER, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to accept the letter of resignation from Carol A. Hamiltion from the Conservation Board with regrets.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

Mr. William (Bus) Pfeil, 5150 Genesee Street, Bowmansville New York

20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, SECONDED BY COUNCILMAN BARNAS, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to refer all the suggested changes for the Mobil Home Ordinance that we presently have and any future ones between now and the time the Ad-Hoc Committee meets, to the Ad-Hoc Committee, for their input and recommendation.

Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D. M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.