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 21st day of June 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
Michael R. Merritt Town Engineer
Marvin Ginsberg Building Inspector
ABSENT: Ronald A. Geitter Superintendent Of Highways
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 4/5/95 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 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 Public Hearing began. At this time Supervisor Mill excused himself from the Public Hearing in compliance to the Taylor Law. He quoted, as Supervisor and Chief Executive Officer of the Town, pursuant to the Taylor Law, that he would make his recommendation to this governing body through his representative, Mr. Norman Stocker, the Labor Consultant for the Town of Orchard Park. He also commented that he must remove himself from any further discussion from the Public Hearing thus allowing this governing body to render their decision. Supervisor Mill handed the gavel over to Deputy Supervisor John J. Mills.
Deputy Supervisor Mills asked the Town Clerk to read the Public Notice.
At this time Deputy Supervisor Mills asked the Town Attorney to explain to the audience the format for a Legislative Hearing.
Town Attorney, Leonard Berkowitz explained the following: A Legislative Hearing falls under Section 209-E of the Taylor Law/Civil Service Law. The Legislative Hearing will involve a statement from Vince Sicari, the CSEA, Local 1000, and a statement from Mr. Norman Stocker, Labor Consultant for the Town of Orchard Park, who will be speaking on behalf of the Chief Executive Officer. There will be no comments from the public. After all statements are made, the members of the Town Board will make a decision.
At this time Deputy Supervisor Mills explained the ground rules for the Public Hearing: 1) Each individual speaking tonight will have fifteen minutes to speak. 2) No rebuttles will be aloud. 3) No questions will be taken from the floor.
The following individuals spoke: Mr. Vincent Sicari, Labor Relations Specialist, CSEA, Local 815, Unit 6765-01
Mr. Norman Stocker, Labor Consultant for the Town of Orchard Park
Mr. Vincent Sicari stated the following information: This is a one year settlement for the White Collar Employees for the Town of Orchard Park. He asked the Town Board to be fair, for these employees are hard working individuals that are dedicated to the Town of Orchard Park. His statement included asking the Town Board to consider the following facts before they Legislate.
1) All non-union employees and elected officials in the year 1994 received a 4% raise plus a $25.00 increase in their longevity step, the Blue Collar Unit received a 5 3/4% raise and the Town Supervisor received a 6% raise/or a salary adjustment. 2) The average White Collar salary in the Town of Orchard Park is $ 25,000.00 a year, a 4.5% raise would give each White Collar Employee approximately $1,125.00, per employee. 3) The Towns of West Seneca and Hamburg pay 8% more in salaries to their Employees than the Town of Orchard Park.
At this time Mr. Sicari compared the different salaries between the Town of Orchard Park Employees to the Town of West Seneca and the Town of Hamburg which covered employees in the following departments: Town Engineer Assistant, Real Property Appraiser, Assistant Building Inspector, Senior Engineer Assistant, Principal Engineering Assistant, Clerk, and Clerk Typist.
Mr. Sicari ended his comments by saying, the only thing the employees of the Town of Orchard Park are looking for is a fair contract that compares equally to the same titles to the Town of West Seneca and the Town of Hamburg. He mentioned the fact-finding information sheets (employees salaries), is information on negotiations that he himself was involved with in the Town of West Seneca and the Town of Hamburg. He stated these are fair salaries, and to be considerate and honest to the Employees of the Town of Orchard Park. They are hard working and dedicated to the your Town.
Mr. Norman Stocker stated the following information: This Legislative Hearing is provided in the Public Employees Fair Employment Act, Article 14, Section 209, Case Number M93485. At this time Mr. Stocker explained the collective bargaining agreement between the Town of Orchard Park and the Civil Service Employees Association, Unit #6765-1 provided the wages, terms and conditions of employment for the period of January 1, 1992 through December 31, 1994.
1) Pointed out that within said contract there is provision for the Town of Orchard Park and the Association to negotiate salaries for the appropriate positions within the Unit for the year January 1, 1994 through December 31, 1994. 2) Outlined the history of negotiations commencing on January 12, 1994 and the renegotiations to the present time. 3) Commented on the Consumer Price Index not only in Erie and Niagara Counties, but nationally showed an increase for the year ending 1994.
Mr. Norman Stocker ended by stating negotiations have met an impasse.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Legislative Hearing regarding the 1994 White Collar Contract Negotiations be and is hereby closed at 8:17 P.M. EDT.
Aye Nay
D.J. Mill (Supervisor Refrained From Voting) J.J. Mills X
P.D. Barnas X
D.M. Buyer X
N.W. Ackerman X
THE RESOLUTION WAS DULY ADOPTED.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY DEPUTY SUPERVISOR MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, COUNCILMAN BUYER AND COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, as impasse exists in collective negotiations between the Town of Orchard Park and the Town of Orchard Park Unit CSEA, Local 1000, and
WHEREAS, a Fact-Finding Report has been made by Robert W. Ahern, and
WHEREAS, Supervisor Dennis J. Mill has submitted such Fact-Finding Report to this Town Board together with his recommendations for settling the dispute, and
WHEREAS, a public hearing has been conducted at which the parties have explained their positions with respect to the report of the Fact-Finder
NOW, THEREFORE, be it
RESOLVED, that employees in the Town of Orchard Park Unit CSEA, Local 1000, be given a 3.5% raise for salary increase retro-active to the 1st day of January, 1994.
Aye Nay
D.J. Mill (Supervisor Refrained From Voting)
J.J. Mills X
P.D. Barnas X
D.M. Buyer X
N.W. Ackerman X
THE RESOLUTION WAS DULY ADOPTED.
At this time Supervisor Mill commenced with the partaking of the Town Board Meeting.
Old Business #1 - Requesting Special Exception Use, Zoned A-1/Schedule Public Hearing for 6/19/95.
4) 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 schedule a Public Hearing for July 19, 1995, in the matter of Bruce Will, 5695 Scherff Road, Zoned A-1, requesting Special Exception Use, Home Occupation for a catering business, Planning Board, 6/14/95, recommends denial, petitioner requested the Public Hearing.
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 - Requesting a building permit, Zoned B-2/Daniel’s Chevrolet.
5) 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 request from Daniel’s Chevrolet, vacant land on the southeast corner of Southwestern Blvd. & Breem Street, Zoned B-2, for a building permit, to construct a 22,000 sq. ft. automotive sales and service facility, this is an Unlisted Action and a Negative Declaration is recommended based on the Long EAF, Parts 1 and 2, the Planning Board, 6/14/95, recommends with the following stipulations:
1) This is an Unlisted SEQR Action and a Negative Declaration is recommended based on the Long EAF, Parts 1 & Parts 2.
2) A Landscape Completion Bond of $ 63,560.00 (or a cash bond in the amount of $ 31,780.00) is required.
3) The Certificate of Occupancy will be contingent upon Town Board approval (if it is deemed necessary by the Town Attorney) of Special Exception Use for the remainder of the property which was located south of Breem Street before it was relocated.
4) If a private road is ever built along the southern boundary of this property, a 50 (fifty) foot buffer will be maintained between the road and the adjacent property at the southeastern corner of the Daniel’s property, if required.
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 - Requesting a building permit, Zoned I-1/Zaepfel-Krog Corp.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to approve the request from Zaepfel-Krog Corp., vacant land on the northeast corner of California Road and Big Tree Roads, Zoned I-1, for a building permit, to construct a 34,500 sq. ft. Medical office building, this is an Unlisted Action and a Negative Declaration is recommended based on the Long EAF, Parts 1 and 2, the Planning Board, 6/14/95, recommends with the following stipulations:
1) This is an Unlisted SEQR Action and a Negative Declaration is recommended based on the Long EAF Parts 1and 2.
2) Parking lighting, excluding security lighting, is to be placed on a timer sequence to terminate after normal office hours.
3) A Landscape Completion bond of $ 12,000.00 (or a cash bond in the amount of $ 6,000.00) is required.
4) The 133' buffer area is to remain and is to be encroached upon only as needed to install the landscaping/drainage.
Before the vote was taken there was discussion between, Supervisor Mill, Councilman Barnas, Planning Board Chairman Lorraine Biryla and Mr. Krog, about the above stipulations.
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 - Refer to the Planning Board/Best Dodge, Inc.
7) 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 request from Best Dodge, Inc., 3551 Southwestern Blvd., Zoned B-2, for a permit to construct two additions, totaling 8,675 sq. ft., to the existing Ray Laks Acura building for automobile sales and service departments.
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
At this time, Supervisor Mill read the following statement into the record: “Water Alert”, The Town of Orchard Park requests that all of its water customers immediately begin to conserve water. The continuing hot, dry weather period has caused a high demand on the water system, resulting in significant pressure losses and partial depletion of storage to several locations. This alert calls for a voluntary restriction on any unnecessary water usage until further notice. Moderation in the use of water for lawn sprinkling and other secondary uses will enable the system to recover to its normal operating pressures and storage levels. The Town requests that all sprinkling be limited to the hours between 10:00 P.M. and 6:00 A.M. Filling of swimming pools and car washing should be eliminated until a soaking rain falls. Cooperation by all consumers is necessary to preserve the remaining storage needed for fire protection and essential domestics and business usages.
Supervisor Mill stated that the Town Engineer has been moderating the water through his department and at this time asked him if there was anything he could add to the Water Alert in the Town of Orchard Park. Town Engineer Michael Merritt stated the areas of concern are north of the Village, Water Districts 1and parts of 4 & 8. These Districts the water is going through are the older part of the district (60/70 years). Mr. Merritt stated the system is really built up and at full capacity, and because of the hot weather there is extra usage. Mr. Merritt ended his comments by saying the Town Residents should try holding back on using water for non-mandatory uses, we have to hold out incase this should prolong, and we should think about fire protection for the Town of Orchard Park. Also, District 17, that services the higher elevated areas in the Town is low on water, the Water Authority is trying to keep the system supplied, and to keep the system going.
Supervisor Mill also stated that two check’s from the State of New York, for the Orchard Park Mortgage Tax have been returned to the Town of Orchard Park. Mr. Mill commented that these monies are returned to the Town of Orchard Park each year through sales and remortgaging. He quoted to say these figures have been quite significant in past years, but because of interest rates going down and individuals are remortgaging, homes sales are not high. He also stated, the check returned to the Town of Orchard Park for the month of June was $ 179,323.00, almost 50% less of what we received last year at this time. We will not be able to meet the estimated revenue for the budget for 1995. He quoted and said, he is making this report so that the Town Residents understand that any reserve of monies the Town of Orchard Park has today, may disappear tomorrow with situations like this one.
At this time, Councilman Barnas directed the Building Inspector, Marvin Ginsberg, to send a letter to Mr. Bruce Will, 5695 Scherff Road, Zoned A-1, Requesting Special Exception Use (Old Business #1), explaining to him that his operation for a catering business in his home has to cease until all permits and requests have been approved. Mr. Ginsberg stated he would send the letter.
Councilman Barnas also stated that the new Little League Sign for the Little League Field will be in place tomorrow.
Councilman Buyer stated that last month the Town Board and Village Board approved the Cable Television Franchise Agreement, and in that agreement all Senior Citizens 65 years of age and over will now receive a 10% discount on basic service or basic plus service. He quoted to say, he has received calls from some Senior Citizens wanting to know how to obtain these discounts. Mr. Buyer stated that Jones Intercable is located in Orchard Park at 4211 North Buffalo Road, the hours are 8:00 A.M. to 12:00 P.M. and 1:00 P.M. to 5:00 P.M. Mr. Buyer stated, to apply for the discount, bring a photo ID (drivers license), and proof of residency (utility bill). He also stated, shortly after making the application the 10% discount will be reflected on their cable bill.
Councilman Barnas asked Councilman Buyer what should Senior Citizens do if they are disabled and can not get to the office in Orchard Park where Jones Intercable is located. Supervisor Mill interjected and stated that the disable Senior Citizens could call his office and he would make arrangements with Jones Intercable to have these people served.
Councilwoman Ackerman explained to Councilman Buyer that she knows of an individual that had a problem with getting the 10% discount for her home, because the spouses name was not on the utility bill. Councilman Buyer stated, they should bring their tax bill with them when they go to apply, for the tax bill list both individuals names on the bill.
Councilwoman Ackerman also reported on Youth Court. Mrs. Ackerman gave the Town Board an update on the individual cases that have been heard and the number of community service hours given. She also commented that there will be scholarships given out to participants of Youth Court.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, Henry Kozierowski of the Police Department of West Seneca has established Youth Court in West Seneca, and
WHEREAS, Hank has worked tirelessly for over 10 years to support his Town’s Youth Court and has been a resource to numerous communities around the United States in the establishment of Youth Courts across the Country, and
WHEREAS, Hank was invaluable to the Town of Orchard Park in the establishment of our Youth Court by providing information regarding the West Seneca Youth Court, making the West Seneca Youth Court session available to our organizing committee and being available during our work sessions for discussion
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Orchard Park extends sincere thanks to Detective Henry “Hank” Kozierowski of the West Seneca Police Department for his efforts on behalf of the establishment of Youth Courts in general and our court in particular which has been a reality since January 1, 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.
9) 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 #12, following auditing by members of the Town Board in the funds indicated:
General Fund $ 33,481.89
Part Town Fund $ 212.80
Highway Fund $ 27,382.80
Special District Fund $ 155,925.68
Trust & Agency Fund $ 12,397.38
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, 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) Department of Public Works Division of Highways, RE: Milestrip Road and Baker Road 2) Hamburg Central School, School Taxes 3) Metro Bus Riders of Route #27.
Before the vote was taken, Councilman Buyer questioned the first letter of communication on the agenda. His remarks and the remarks of the Town Engineer and Supervisor, indicated that this should be referred back to the Engineering Department and the Highway Department for review.
At this time, Councilwoman Ackerman amended her motion, seconded by Councilman Buyer, to wit:
RESOLVED, that the Town Board be and is hereby authorized to receive and file the following Communications entered on the agenda: 2) Hamburg Central School, School Taxes 3) Metro Bus Riders of Route #27.
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.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to refer Communications #1: Department of Public Works Division of Highways, regarding Milestrip Road and Baker Road Intersection, back to the Town Engineer and the Highway Superintendent for review and a report back to the Town Board.
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.
BUSINESS FROM THE FLOOR
Robert Frantsits, 4270 California Road / Mr. Frantsits questioned the Planning Boards recommendations and stipulations for the Zaepfel-Krog Corp., vacant land on the northeast corner of California Road and Big Tree Road.
There being no further business before the Town Board, on motion of Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:56 P.M. EDT.
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk