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 December 1995 at 8:00 P.M., (local time) 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 Superintendent of Highways
Robert C. Henning Chief of Police
Michael R. Merritt Town Engineer
ABSENT: Marvin Ginsberg Building Inspector
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the minutes of the Regular Meeting of the Town Board, held on 11/15/95 & 12/5/95 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 has previously received copies 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.
Old Business #1 - Barbara & James LoCurto, 3508 N. Buffalo St. - Rezone from R-2 to B-3.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN , WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT
WHEREAS, following due and timely notice, a public hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, was conducted at the Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 6th day of December 1995 at which all interested parties were given an opportunity to be heard, which amendment provides as follows:
To rezone property located at 3508 North Buffalo Street from R-2 to B-3 as petitioned by Barbara and James LoCurto, and
WHEREAS, no recommendation from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and
WHEREAS, a recommendation to deny from the Town of Orchard Park Planning Board was received and filed with the Town Board
NOW THEREFORE, be it
RESOLVED AND ORDAINED, that the request to rezone property located at 3508 North Buffalo Street from R-2 to B-3 is DENIED.
Before the vote was taken, Supervisor Mill explained that there is, at this time, no intended use for the property. If, in the future, the owner has interest in the property requiring a “B” zone, he can still come to the Town and request a rezoning for an intended use. Councilwoman Ackerman commented that this does not limit the petitioners options, as the sale of their land is contingent upon the rezoning.
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.
Old Business #2 - Curbell Inc., 7 Cobham Dr., Zoned I-1. Requesting a Building Permit.
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 approve the request from Curbel, Inc., 7 Cobham Drive, Zoned I-1, for a building permit to construct two additions totaling 26,000 sq.ft. to an existing structure, as recommended by the Planning Board 12/13/95, with the following stipulations: 1)A revised site plan be submitted prior to the Town Board meeting removing the future access drive off Centre Drive as shown on the site plan. 2)An appropriately screened dumpster be located on the site plan as shown to the Board by the petitioner’s architect at this meeting.. 3)A delineation fence be installed to limit the clearing of the property; the fence to be installed under the guidance of the Building Inspector and/or the Town Engineering Department, and 4)this is an Unlisted SEQR action and a negative declaration based on the long EAF Parts I and II, and the submission of $7,500.00 cash, landscape completion bond or the full amount in a Performance Bond of $15,000.00.
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.
Old Business #3 - Peter Krog, 40 Centre Dr., Zoned I-1. Requesting a Building Permit.
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 Peter Krog, 40 Centre Drive for a building permit to construct a 50,000 sq.ft. Multi-tenant building as recommended by the Planning Board 12/13/95, with the following stipulations: 1)The word “future” be removed from the site plan. 2)This is an unlisted SEQR action and a negative declaration based on the long EAF Parts I and II. 3)All dumpsters on the site will be properly screened and shown on the site plan and the submission of $7,500.00, cash, landscape completion bond or the full amount in a Performance Bond of $15,000.00.
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.
Old Business #4 - Award bid for sewer pump.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, 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 a new 4" trailer mounted sewer pump with automatic level control system to Siewert Equipment Co.,Inc., 175 Akron Street, Rochester , New York in the amount of $21,905.00, they being the lowest responsible bidder thereof, 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.
New Business #1 - Recreation Staff Appointments.
6) 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 resident appointment to the 1995-1996 Fall,Winter,Spring Recreation Staff, as recommended by the Recreation Director: Gregory Fromm 81 Potter Ave. Grd. $5.35/hr
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 - Memorandum of agreement for CSEA Contract.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT;
RESOLVED, that the Town Board be and is hereby authorized to approve the memorandum of agreement for the CSEA Contract, Orchard Park Unit #6765-01, for a period from January 1, 1995 to December 31, 1998, a four (4) year contract for the white collar unit.
Before the vote was taken, Supervisor Mill explained the memorandum of agreement are the changes that will be implemented into a contract that is already in place, dated 1992.
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.
ELECTED OFFICIALS & DEPARTMENT HEADS
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 transfer the following funds, as recommended by the Receiver of Taxes:
Receiver of Taxes: $ 210.00 From: A.1330.413 To: A.1330.400
$ 80.00 From: A.1330.413 To: A.1330.412
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 SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to transfer the following funds, as recommended by the Recreation Director:
Recreation: $ 780.00 From: A.7020.149 To: A.7020.137
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 SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to transfer the following funds as recommended by the Highway Superintendent:
Parks & Grounds $ 580.00 From: A.7110.419}
$ 1,500.00 From: A.7110.215} To: A.7110.402
$ 1,000.00 From: A.7110.445}
$ 700.00 From: A.7110.447}
$ 5,000.00 From: A.5132.422 To: A.5132.445
Signs: $ 1,500.00 From: A.3310.144 To: A.3310.215
Highway: $ 7,000.00 From: DA.5110.416 To: DA.5110.440
$15,000.00 From: DA.5110.416
$14,000.00 From: DA.5110.474}
$ 4,500.00 From: DA.5112.200} To: DA.5110.472
$50,000.00 From: DA.5112.144}
$ 2,500.00 From: DA.5140.144}
$ 100.00 From: DA.5140.144 To: DA.5140.402
$ 7,500.00 From: DA.5130.144 To: DA.5130.419
Other $ 1,000.00 From: A.5010.200 To: A.5010.440
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.
Councilman Barnas commented on an newspaper article about the 1996 garbage contract which had some wrong information. Residents do not have to call any one when putting out bulk items that contain CFC (refrigeration). This contract is the same as the former contract.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town of Orchard Park, New York (the “Town”) has granted to Cable TV Fund 11-B, Ltd., a Colorado limited partnership doing business as Jones Intercable (“Jones”), a franchise to operate a cable television system pursuant to Franchise Agreement dated May 28, 1995, and Cable Television Commission Order No. 95-488 adopted July 12, 1995 (collectively, the “Franchise”);
WHEREAS, Jones has negotiated a Purchase and Sale Agreement (the “Purchase Agreement”) with an affiliate of Adelphia Communications Corporation (“Adelphia”), pursuant to which Adelphia or one of its affiliates will acquire substantially all of the assets of the cable television system serving the Town (the “System”), including its rights under the Franchise;
WHEREAS, Jones and Adelphia have filed a Form 394 with the Town relating to the transfer of the Franchise; and
WHEREAS, Jones and Adelphia will make application to the New York State Commission on Cable Television for approval of the transfer of the Franchise;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE TOWN BOARD OF THE TOWN OF ORCHARD PARK, NEW YORK
1. The Town authorizes and consents to, in all respects, the assignment and transfer of the Franchise by Jones to Adelphia or one of its affiliates, and the assumption by Adelphia or such affiliate of the obligation of the franchisee under the Franchise that relate to periods from and after the date of closing of the Purchase Agreement.
2.The foregoing consent to the assignment and transfer of the Franchise shall be effective upon the closing of the sale of the System. Notice of such closing date shall be given to the Town.
3. The Town confirms and agrees that, (a) the franchise was properly granted and is in accordance with all state and local laws; (b) the franchise is validly existing and in full force and effect; (c) there exists no fact or circumstance which, with the passage of time or the giving of notice or both, would constitute a default under the Franchise, or permit the Town to cancel or terminate the rights under the Franchise, except upon the expiration of the full term of the Franchise; and (d) the Franchise may be collaterally assigned to the franchisee’s lenders
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 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 #24, following auditing by members of the Town Board in the funds indicated:
$ 22,991.40 General Fund
$ 3,888.52 Part Town Fund
$ 1,216.20 Highway Fund
$ 156,431.98 Special District Fund
$ 3,013.60 Trust & Agency Fund
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.
13) FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, 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 Police Department’s Monthly Report for November 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.
BUSINESS FROM THE FLOOR
Estelle Young, 8 Fox Meadow Dr. commented on the creche the town used to display.
Supervisor Mill stated that it was one of the items lost in the fire at the Special Improvement Districts Building on Taylor Road and was not replaced as it was understood that it was not an appropriate symbol on municipal property.
There was discussion by members of the Town Board and the Town Attorney regarding the placement of a creche on municipal property. If there is case law substantiating that this may be allowed on municipal property again, we are interested.
There being no further business before the Town Board, on motion of Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:42 P.M
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk