A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County New York, was held at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 2nd day of July, 1997 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
Joseph Campion Building Inspector
Robert C. Henning Police Chief
Michael R. Merritt Town Engineer
ABSENT: Ronald Geitter Superintendent of Highways
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the minutes of the regular meetings of the Town Board, held on June 18, 1997, and as presented by the Town Clerk, are hereby approved with the following correction, Old Business #3, motion made by Councilman Barnas, seconded by Councilwoman Ackerman, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
PUBLIC HEARING
At 8:00 P.M. (local time), the Supervisor called for the Public Hearing in the matter of property deemed to be dangerous and unsafe by the Building Inspector, said property being 6039 Scherff Road, Orchard Park, New York.
The Supervisor called for anyone who cared to be heard in this matter.
Tony Cudney, 5991 Scherff Road, Orchard Park: Mrs Cudney had concerns about how the process of demolishing a home in Orchard Park proceeded. She asked the Town Board to explain it to her.
At this time there was discussion between all Town Board Members, the Town Attorney and the Building Inspector.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT;
RESOLVED, that the Public Hearing in the matter of the property located at 6039 Scherff Road, Orchard Park, New York, is hereby closed at 8:05 P.M., (local time).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
WHEREAS, the Orchard Park Building Inspector has determined that the buildings at the premises located at 6039 Scherff Road, Orchard Park, County of Erie, New York, constitute a public nuisance and must be demolished, and
WHEREAS, a hearing was held at 8:00 P.M. on July 2, 1997 at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York, to provide an opportunity to those persons interested in the premises at 6039 Scherff Road to explain why the buildings at the premises should not to be demolished
NOW, THEREFORE, be it
RESOLVED, that the Orchard Park Building Inspector is hereby authorized to retain a contractor to demolish the buildings at 6039 Scherff Road, Orchard Park, New York and to have the contractor fill in any basements, wells, holes or other cavities at the premises, and be it further
RESOLVED, that the cost of the work referred to above be assessed on the tax roll for the premises at 6039 Scherff Road, Orchard Park, New York, including the cost of the title search, publication of Notice of Pendency and other expenses necessary to provide notice to interested parties in the premises at 6039 Scherff Road, Orchard Park, New York.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #1 - Orchard Park Senior Center, Final Change Order
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, there was the additional work involved repairing many hidden conditions that were discovered during the course of remodeling of the Orchard Park Senior Center, and
WHEREAS, this will bring the contract total to $286,453.52, which is 0.86% above the original $284,000.00 contract amount.
NOW, THEREFORE , be it
RESOLVED, that the Town Board is hereby authorized to approve the Final Change Order to our contract for the Orchard Park Senior Center Project with Kostas Construction, 5463 Seneca Street, West Seneca, New York 14224, in the amount of an increase of $2,453.52, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Schedule Public Hearing for Amendment to Town Code of Ordinance
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing on August 6, 1997 at 8:00P.M., (local time) in the matter of an amendment to the Town Code of Ordinance, which amendment provides as follows: Article X, Amendment §144-69A.(1)- add: At least ten (10) days prior to the date of the Public Hearing for an application for a change in the Zoning Map, the Building Inspector shall post a sixteen (16) square foot sign bearing the words, in 3" high letters, REZONING APPLICATION PENDING. The sign shall include, in a package to protect it from the weather, a copy of the resolution calling for the Public Hearing in connection with the rezoning application. The sign shall be posted within five (5) feet of the Right-of-Way, in clear view of passing traffic. In the event that a rezoning application is bounded by more than one highway, additional signs shall be placed within five (5) feet of each Right-of-Way, in clear view of passing traffic, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
New Business #1 - Block Party for Fawn Terrace
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the request of Sally Roberts, 3 Fawn Terrace, to blockade Fawn Terrace on Sunday, July 27, 1997 for a block party.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 & #3 - Refer to Planning Board
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to refer to the Planning Board and the Conservation Board: 1) Garry Tank 3659 Eggert Road, requesting a Change In Use for the property located at 3659 Eggert Road, from residential to commercial, Zoned B-3, and 2) Dr. Vijayan Menon, S3675 Southwestern Blvd., requesting to construct a 3,100 sq.ft. addition to an existing medical office facility and the construction of twenty additional parking spaces.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - Public Safety Committee recommendations
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the recommendations of the Public Safety Committee for the posting of 30 MPH area speed limit signs on Hodson Road, Woodhaven Drive and Briggs Drive.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 Recreation Department Summer Appointments
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED that the Town Board is hereby authorized to approve the following resident appointments to the 1997 Summer Recreation Staff as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE HRS
Erin Jusiak 4480 Duerr Sub/Grd 5.25 --
Mark Starosielec 30 Knob Hill Dir. 5.55 35
Archana Shenoy 59 Braunview Aide 4.60 30
James Gibson 42 No. Davis Dir. 5.55 30
Brad Gearhart 39 Pawtucket Aide 4.60 30
Brian Ayrault 36 Quaker Lake Aide 4.60 30
Mathew Smith 26 Briar Hill Aide 4.60 --
Stacie Davis 12 Edgewater Aide 4.60 --
Mike Boller 7345 Ellicott Sub/Grd 5.25 --
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 6 (not on agenda) Schedule Public Hearing
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing on August 6, 1997 at 8:00 P.M. (local time) in the matter of the proposed adoption of the following traffic order:
ORDER, that the Town of Orchard Park establish a twenty-four (24) hour “No Parking Zone” effective immediately on both sides of Seufert Road for a distance of 1,500 feet beginning at the intersection of Seufert Road and Chestnut Ridge Road, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
Supervisor Mill stated that this is in response to requests from the Chief of Police, other police agencies and the County Parks Department, as a result of an incident that happened in that area. Putting this parking restriction in place will give our police department a greater ability to control that area.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS
Councilman Mills gave his report on the joint meeting between the Southtowns Sewer Treatment Agency and Sewer District # 3 held on 6/26/97.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, the Town Engineer and the Town Attorney have worked out the language for the agreement between the Town of Orchard Park and the Birdsong Subdivision Developer regarding the obligations of the developer and the Homeowners Association, which will be created to maintain the lands of the subdivision,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to execute the agreement between D.P.S. Southwestern Corporation, which is the owner of the property, Birdsong Estates Homeowners Association and the Town of Orchard Park, as recommended by the Town Attorney
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board does hereby authorize the Police Chief to advertise for bids for “Police Uniform Replacement Parts”. Bids are to be opened on July 15, 1997 at 10:00 A.M. (local time), in the Supervisor’s office.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, an application for a Public Improvement Permit, from Edward J. Osborne, Hamburg Central School district, to construct a doghouse manhole over the Town of Orchard Park’s existing sanitary sewer. The manhole will allow connection of the 8 inch private sanitary sewer main for the new school addition, and
WHEREAS, the plans and specifications for the project have been reviewed and are in compliance with current Town specifications, and all necessary fees have been paid,
NOW THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize approval of Public Improvement Permit #1997-09, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #13, following auditing by members of the Town Board and in the funds indicated:
$ 162,943.45 General Fund
$ 3,944.86 Part Town Fund
$ 21,235.90 Highway Fund
$ 122,705.96 Special District Fund
$ 203,576.06 Trust & Agency Fund
$ 876.11 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to receive and file the following communications: 1)Town of Orchard Park Recreation Department, Notification of their summer office hours. Monday - Friday, 9:00 am to 4:30 pm. 2) State Archives and Records Administration (SARA) notification to the Town of Orchard Park for and award of a $6,967.00 grant to be used for microfilming of Vital Records.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, WIT;
RESOLVED, that the Town Board is hereby authorized to receive and file the following report: Erie County Water Authority 1996 Annual Report.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Marvin Ashburn, 6326 Benning Road: Complimented the Town Engineer and stated that he feels the Town Board should give him more support. Mr. Ashburn also requested that an eye be kept on Benning Road now that it has been paved. He is concerned that people will be using this road for activities other than intended.
A moment of silence for Henryk F. Markulis, a former Town Board Member, who passed away last week and this meeting will be closed in honor of his memory.
There being no further business before the Town Board, on motion by Councilman Buyer, seconded by Councilman Mills, the meeting was adjourned at 8:25 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk