1995 14th 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, they held New York at the Municipal Building at Orchard Park, New York on the 19th day of July 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

Robert C. Henning Chief of Police

Marvin Ginsberg Building Inspector

ABSENT: Ronald A. Geitter Superintendent of Highways

Michael R. Merritt Town Engineer

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 6/7/95 and 6/21/95 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 had 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.

PUBLIC HEARING

At 8:00 P.M. EDT, the advertised time, the Supervisor called for the Public Hearing in the matter of poperty located at 5695 Scherff Road, Zoned A-1. Requesting Special Exception Use, Home Occupation for a catering business.

The Supervisor call

Old Business #1-Request for Out of the District Water/6193 Ward Road.

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

RESOLVED, that the Town Board be and is hereby table the request from Raymond & Kelly Jamison, 6193 Ward Road, Orchard Park New York to become an Out of the District Water Customer.

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 - Request to go door-to-door/NYPIRG.

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

RESOLVED, that the Town Board does hereby authorize to approve the request from NYPIRG (New York Public Interest Research Group), to go door-to-door in the Town of Orchard Park, Monday - Friday, between the hours of 11:00 A.M. until dusk.

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 - Release of Performance Security for PIP #227.

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 release of $ 2,500.00 for Performance Security in the Armor Woods Subdivision, PIP #227, which was dedicated on 8/17/94, for completing all items on the punch list, and

RESOLVED, that the Town Board be and is hereby authorize to release the $ 9,950.00 Street Lighting Bond provided by Timon Electrical Construction Inc., for the Armor Woods Subdivision, 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.

Old Business #4 -Release of Performance Security for PIP #232.

5) THE 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 authorize to approve the release of $ 4,000.00 for Performance Security held in escrow for the Lakeridge North Subdivision, PIP #232, be returned to North Coast Development Group, Inc., 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, 2, 3 & 4 - Planning Board Referrals.

RESOLVED, that the Town Board be and is hereby authorized to refer the following items under New Business to the Planning Board: 1) Expert Fence, 2881 Southwestern Blvd., Zoned B-2. Requesting a Building Permit to construct a 3,900 sq. ft. addition to an existing building. 2) Concept Construction Corp., vacant land at the northern end of South Taylor Road, next to the Baltimore & Ohio Railroad, Zoned I-1. Requesting a Building Permit to construct a 5,000 sq. ft. Commercial Structure. 3) McDonald’s Restaurant, 3232 Orchard Park Road. Requesting a Building Permit for a 1,350 sq. ft. Addition to their existing store. 4) John R. Rybicki, 7 Boldt Ct., Zoned R-3. Requesting to rezone his residency from R-3 to R-3 Special ExceptionUse, Home Occupation for the sale of firearms.

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

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

RESOLVED, that the Town Board does hereby authorize the following transfers to reimburse the 1994 White Collar Salary Increases, as recommended by the Supervisor.

From: A.9010.000.810 - $ 14,112.65 From: B.9010.000.810 - $ 2,800.15 From: 0001.9010.000.810 - $ 132.98

To: A.1110.000.137 - $ 371.47 To: B.3620.000.810 - $ 2,008.86 To: 001.8345.000.137 - $ 132.98

A.1330.000.111 - $ 44.33 B.3620.000.137 - $ 577.11

A.1355.000.111 - $ 1,004.43 B.3620.000.137 - $ 108.59

A.1355.000.137 - $ 1,335.78 B.8020.000.139 - $ 108.59

A.1440.000.111 - $ 7,273.04

A.1440.000.137 - $ 658.08

A.1620.000.144 - $ 2,418.98

A.3120.000.137 - $ 1,006.54

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 Mills informed the Town Board that the residents from Bussendorfer Road, Pinewood Drive and the Doll Subdivision have drainage problems. Mr. Mills stated he asked the Town Engineer to review the situation, and to come up with an alternate solution to the problem of properties being ruined because of poor drainage. He ended his comments by saying that this issue should be discussed in an upcoming work session so we can address this problem as soon as possible.

Councilman Barnas informed the Town Board that the New York State Department of Environmental Conservation has a Grant that we can apply to, enabling the Town of Orchard Park, the opportunity to set up a Hazardous Waste Collection Program. I would like the Town Board and the Residents of Orchard Park, that I will be pursuing this Grant.

Councilman Buyer stated that the Ad-Hoc Committee had a scheduled meeting last week Wednesday with Mr. Pheil, on the Mobile Home Ordinance. Mr. Buyer stated Mr. Pheil’s son called and canceled the meeting due to some personal reasons. He also commented that the meeting for the Mobile Home Ordinance will be reschedule for this coming August or September.

Councilwoman Ackerman commented that Erie County and the Town of Hamburg will be holding the summer Hazardous Waste Day on Saturday, July 22, 1995, from 9:00 A.M. to 2:00 P.M., by appointment only, at E.C.C. North Campus. All residents of Erie County can bring items like oil base paint, selective paint thinners, lead acid, car batteries, waste motor oil and antifreeze, bestisides, urbasides, fungicides, etc., for further information you can call, 858-6800.

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

AGREEMENT FOR USE OF PLAYING FIELDS AND FACILITIES

WHEREAS, the School District is the owner of certain indoor and outdoor athletic and recreational facilities, and

WHEREAS, the Town wishes to use said indoor and outdoor athletic and recreational facilities

IT IS THEREFORE, agreed by the School District and the Town, in consideration of the mutual covenants and agreements contained herein, as follows:

1. The Town shall have the use of the outdoor athletic and recreational facilities listed in Appendix A, which is attached hereto and incorporated by reference as part of this Agreement, when such outdoor athletic facilities are not in use for school purposes or, when in use for school purposes, if in the opinion of the School District the use by the Town will not be disruptive of normal school operations.

2. The Town shall have the use of the indoor athletic and recreational facilities of the School District at such times when they are not in use for school purposes or, when in use for school purposes, if in the opinion of the School District the use by the Town will not be disruptive of normal school operations. The use of such indoor facilities shall be only upon specific request by the School District pursuant to its policy for the “Use of School Building/Grounds” (Policy #3300, et seq).

3. The Town’s use of the School District’s indoor and outdoor athletic and recreational facilities shall be limited to the holding of athletic and recreational activities. Such activities shall be open to the general public, including those residents of the Orchard Park Central School District who are not residents of the Town of Orchard Park.

4. The use by the Town of any indoor or outdoor athletic or recreational facility may be terminated at any time by the School District if in the opinion of the School District the facility the facility in question is being misused.

5. The Town will be responsible for the supervision of any indoor athletic or recreational facility during any use by or under the authority of the Town. It is the responsibility of the Town to provide sufficient supervision to assure compliance with the conditions outlined in the form designated by the School district as the “Building Use Form” and the terms of the School District’s policy for the “Use of School Buildings/Grounds” (Policy #3300, et seq). If in the judgment of the School District additional supervision is needed at a facility during use by or under the authority of the Town, the School District and the Town will mutually decide on the appropriate method of providing such additional supervision.

6. The Town will indemnify and hold harmless the School District from any and all claims or causes of action of any nature arising, in part or in whole, out of the use of any indoor or outdoor athletic or recreational facility by or under the authority of the Town, including, but not limited to, claims for personal injury, wrongful death and the like.

7. The School District will provide such custodial supervision and maintenance as it sees fit for indoor athletic and recreational facilities used by or under the authority of the Town. When such custodial supervision and/or maintenance falls within the regular working hours of the School District employee or employees providing such supervision and/or maintenance, no charge shall be made upon the town. When such custodial supervision and/or maintenance falls outside of regular working hours of the School District employee or employees providing same, the Town shall be assessed a charge for said custodial supervision and/or maintenance in accordance with the terms of the School District’s policy for the “Use of School Buildings/Grounds” (Policy #3300, et seq). The School District shall invoice the Town each month for any such custodial charges, and the Town shall promptly tender payment for such invoices.

8. The Town shall pay the School District for expenditures for utilities for indoor athletic and recreational facilities used by or under the authority of the Town accordance with the School District’s policy for the “Use of School Buildings/Grounds” (Policy #3300, et seq).

9. The Town shall be responsible for the original preparation of the outdoor athletic and recreational facilities listed in Appendix A as early in the Spring as weather allows. Specifically, the School District shall:

(A) Remove debris from areas to be used by or under the authority of the Town.

(B) Line court markings on tennis and basketball courts.

(C) Fill, grade and line softball and hardball playing fields to the satisfaction of the Supervisor of Building and Grounds of the School District and the Superintendent of Parks and Grounds of the Town, or their respective designees.

10. The Town shall be responsible for the original preparation of any additional outdoor facilities not used by the School District but desired for use by the Town.

11. The School Districts shall mow the grass on all softball and hardball fields as needed throughout the year.

12. After initial preparation by the School District, the Town shall be responsible for the maintenance of the outdoor athletic and recreational facilities. Specifically, the Town shall:

(A) Maintain the softball and hardball fields in the same condition they were in after they were prepared by the School District as set forth above in Paragraph 10 above.

(B) Line fields other than softball and hardball as needed for athletic and recreational activities.

(C) Maintain any additional outdoor facilities not used by the School District but desired for use by the Town in the same condition they were in when first used by or under the authority of the Town.

13. The Town shall be responsible for allocating the use of softball and hardball playing fields during the summer vacation months as set forth in the calendar established by the School District for each school year. The Town shall also be responsible for allocating the use of softball and hardball playing fields by non-school groups during the months other than summer vacation months, subject to the approval of the School District.

14. Any situations not covered by this Agreement shall be brought to the attention of the Supervisor for Building and Grounds of the School District and the Recreation Director of the Town. It shall be their responsibility to resolve such situations through communications with each other and their superiors.

15. This Agreement shall be effective May 1, 1995 and continue in full force and effect through and including April 30, 1995.

APPENDIX A

School Location Facilities

Baker Elementary Baker Road 2 Softball Fields

Orchard Park, NY

Eggert Elementary Eggert Road 2 Softball Fields, Tennis Courts Orchard Park, NY & Basketball Courts

Ellicott Elementary Ellicott Road 2 Softball Fields, Tennis Courts

Orchard Park, NY & Basketball Courts

Windom Elementary Sheldon Road 1 Softball Field, 1 Hardball Field

Orchard Park, NY & Tennis Courts

Middle School S. Lincoln Ave. Tennis Courts

Orchard Park, NY

High School Baker Road 4 Softball Fields

Orchard Park, NY 1 Hardball Fields

AGREEMENT FOR USE OF SCHOOL BUSES

WHEREAS, the District is the owner of certain school buses and the Town desires to lease a certain number of such buses for use in conjunction with the Town’s recreational and senior citizen programs, and

WHEREAS, the District is authorized by 1502 of the Education Law to enter into such a lease during any time when such buses are not needed by the District for the transportation of school children

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the District hereby leases to the Town, and the Town agrees to take, two (2) school buses with a capacity fro sixty-five (65) persons each as may be designated from time to time by the proper officials of the District, for a period beginning the 1st day of July 1995, and ending the 30th day of June 1998, subject, however, to the following terms and conditions to which the parties hereto agree

1. The said school buses shall be operated only by employees of the District.

2. The said school buses shall be stored at the Bus Garage of the District.

3. The District’s maintenance program will be followed and the buses shall be maintained by the District’s Bus Garage Staff.

4. The gasoline and oil used in such buses shall be furnished by the Town.

5. The Town will, unless otherwise agree to in writing by the District, purchase, provide and maintain in force during the term of this Agreement insurance policies insuring the leased buses for full insurable value thereof against loss by fire, theft and such other casualties as are commonly insured under comprehensive and collision insurance. Each insurance policy shall, by endorsement or otherwise, provide that the proceeds thereof shall be payable to the District and/or the Town as their interests may then appear. Each insurance policy shall, by endorsement or otherwise, provide that the respective insurance company or companies shall give to the District at least thirty (30) days prior written notice of the proposed cancellation, modification or alteration of any such insurance policies.

6. The town agrees to pay, and to protect, indemnify, save harmless and defend the District (regardless of any allegation of negligence against the District) hereunder from an against any and all liabilities, damages, expense, (including, without limitation attorney fees and expenses), causes of action, suits, claims, demands or judgements of any nature whatsoever arising from injury to persons or property growing out of or connected with the ownership, operation, maintenance or sue of the leased buses or resulting from the condition thereof while said leased buses are subject to the term of this Agreement. The foregoing covenants of indemnity shall continue in full force an effect notwithstanding the termination of this Agreement.

7. It is further agreed that such insurance as it is afforded by the Town for bodily injury and for property damage liability also applies to the District, as additional insured, with respect to the ownership, operation, maintenance and use of all such buses, including any substitute buses.

8. Such inclusion of the District as additional insured shall not operate to increase the limits of the insurance company’s liability and the District shall not be responsible fro payment of any premiums required by this policy.

9. The leased buses shall not be used for overnight trips or for any trips exceeding a fifty (50) mile one way limit.

10. The leasing of said buses may be terminated at any time that the District is of the opinion that they are being misused or that they are needed by the District for its transportation purposes.

11. The same buses may not always be available, and for that reason, the District may substitute from time to time buses of equal capacity.

12. No fee shall be charged by the Town of any person riding on the leased buses.

13. The leased buses are to be used by the Town for the transportation of active participants, advisors and coaches engaged in the Town’s recreational program and/or senior citizens program.

14. A complete trip itinerary shall be submitted to the Transportation Supervisor of the District for approval at least two (2) weeks prior to the use by the Town of said buses, and any change in such itinerary shall also be approved by the said Transportation Supervisor.

15. The Town shall pay to the District, as payment hereunder, an amount equal to all actual cots incurred by the District, as determined by the District’s Assistant Superintendent for Business and Support Services, for use of the said buses, additional wages, Social Security taxes, Workers Compensation charges and any other costs incurred by the District in furnishing driver personnel and other services, materials, supplies, and/or equipment hereunder.

16. This Lease Agreement may not be assigned nor may the said buses be sub-leased or used by a third party in any manner.

17. Should the Town fail, or refuse, to carry out all the terms of this Agreement, then, and in that event, the District shall have the right to terminate this Agreement by written notice to the Town, or its agent, in which case the Town shall be liable for any pay for the return of the said buses to the District’s Bus Garage from whatever point the said buses may be located at the time.

IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have signed their names below as of the date indicated in the first paragraph of this Agreement.

RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the Agreement between the Orchard Park Central School District, Erie County, New York, hereinafter referred to as “District” and “School District,” and the Town of Orchard Park, a Municipal Corporation with its offices at Municipal Building, S4295 South Buffalo Street Orchard Park, New York hereinafter referred to as the “Town.”

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 BUYER, WHO MOVED ITS ADOPTION SECONDED BY COUNCILMAN BARNAS, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to schedule a Public Hearing for August 16, 1995, at 8:00 P.M. EST, for the matter of the purposed changes to the Town of Orchard Park Zoning Ordinances.

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 COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION SECONDED BY COUNCILMAN BUYER, TO WIT:

RESOLVED, that the Town Board be and is hereby authorized to approve all entries on Warrant #13, following auditing by members of the Town Board in the funds indicated:

General Fund $ 1,339,481.17

Part Town Fund $ 3,515.10

Highway Fund $ 23,737.45

Special District Fund $ 50,543.41

Trust & Agency Fund $ 114,068.94

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 COUNCILWOMAN BARNAS, 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 following Communications as entered on the agenda: Erie County Department of Emergency Services, Fire Safety Division, Edmund N. Jensen, successfully completed a N.Y.S. Fire Police Training Course.

Before the vote was taken Councilman Barnas congratulated Mr. Jensen for successfully completing the New York State Fire Police Training Course.

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 AS AMENDED.