A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 3rd day of May 2000 at 8:00 P.M., (local time). The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
John J. Mills Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Steven P. McCarville Councilman
Kathleen A. Swarbrick Deputy Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Michael R. Merritt Town Engineer
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
ABSENT: Janis A. Colarusso Town Clerk
At this time the Supervisor stated that the Town Clerk was absent this evening as she was attending the
Annual New York State Town Clerks Association Conference.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the minutes of the Town Board meeting held on April 19, 2000, as presented by the Town Clerk, are hereby approved, 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.
At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the proposed Local Law #2 of the Year 2000; Parks & Playgrounds which reads as follows:
PROPOSED LOCAL LAW NO. #2 OF THE YEAR 2000
Chapter 97 of the Code of the Town of Orchard Park, entitled “Parks and Playgrounds” is hereby amended as follows:
Article I
General Provisions
§97-2. Hours.
The
town parks, playgrounds and recreational areas shall be closed each
night during the hours of darkness. For the purpose of this section, the
“hours of darkness” shall be that period of time from one-half (1/2) hour
after sunset until one-half (1/2) hour before sunrise the following morning
except that lighted facilities may remain open until one-half (1/2) hour after
activities have concluded, but in no case later than 11:00 p.m.
§97-4. Sales Restricted.
No person, firm or corporation shall sell or offer for sale within the town parks, playgrounds or recreational areas any property or privilege whatsoever, including food and refreshments, unless authorized by the Town Board.
§97-5 Injury to property or equipment prohibited.
No
person shall climb any tree or injure, deface, disturb, or befoul any
part of a town park, playgrounds or recreational area or any building, sign,
equipment or other property found therein, or remove, cut down, cut, injure, mutilate
or destroy an tree, shrub, flower, monument, statue, ornament,
fountain, wall, fence, railing, bench, bridge, structure, vehicle
or other property within any town park, playground, recreational area,
park approach or any other area under the control of the Town Board.
§97-7. Garbage and Refuse.
A. Prohibited. No person shall deposit, dump, throw or place any earth, rubbish, paper, bottles, bits of crockery, glass or glassware, metal or other substance, garbage or other refuse matter or any sand, stone, straw, lumber or other material of any kind in or upon any part of the water or grounds of any town park, playground, recreational area or park approach.
B. Use of Receptacles. Garbage and refuse must be deposited in the receptacles provided or carried out when receptacles are not provided.
§97-9. Firearms and fireworks restricted.
No person shall fire or discharge any gun, air gun, pistol, firearm or slingshot or any rocket, torpedo or other explosives, firecrackers or fireworks of any description, or carry or transport the same in any town park, playground or recreational area unless authorized by the Town Board.
§97-12. Horses.
No person shall walk, use, ride or drive a horse in any town park, playgrounds or recreational area excepting over bridle paths or other paths that may be established for said purpose. No rider shall travel at a gait in excess of a trot while in the parks to preserve the safety of the public and avoid endangering children at play.
§97-13. Bathing and bathing areas.
A. Dressing or undressing. No person shall dress or undress or make any similar preparation for bathing in any town park, playground, recreational area or park approach except in such places as may be designated or maintained for that purpose.
§97-16. Alcoholic beverages.
No person shall bring into any town park, playground or recreational area or have in his possession while there any alcoholic beverage other than beer, ale or wine.
§97-18. Operation of vehicles.
B. It shall be unlawful for any person to operate a snowmobile, all-terrain vehicle, motorcycle, motorbike, scooter or any similar self-propelled vehicle within any town park, playground or recreational area.
D. No person shall park or cause to be parked any
vehicle in any town park, playground or recreational area at a point where a
sign prohibiting parking has been erected pursuant to the direction of the Town
Board anywhere other than in those areas specifically designated for
parking.
§97-19. Posting of signs prohibited.
No person shall place any sign, bulletin board or advertising device of any kind whatsoever in any town park, playground or recreational area or upon any building, fence, tree or other structure therein unless authorized by the Town Board.
§§97-19. & 97-20 are hereby renumbered as §§ 97-20 & 97-21.
ARTICLE II
Yates Park
§97-24. Vehicle use Parking permit required.
No motor vehicle shall enter park in designated
parking areas in Yates Park in Orchard Park, New York, unless
the motor vehicle displays a valid use permit issued by the Town of Orchard
Park, except vehicles of maintenance men, deliverymen and all other vehicles
serving the town, its agents or lessees on the premises of Yates Park.
§97-34. Firearms and fireworks restricted.
The use of air guns, firearms, fireworks, firecrackers,
torpedoes or explosives of any kind within Yates Park is prohibited unless
special written permit therefor shall be given by No person shall fire
or discharge any gun, air gun, pistol, firearm or slingshot or any rocket,
torpedo or other explosives, firecrackers or fireworks of any description, or
carry or transport the same in Yates Park unless upon permission of the
Town Board and Village Board or its duly authorized agent or employee.
§97-38. Dogs.
No person shall bring any dog into Yates Park unless the same is on a leash not over six feet in length and kept on that leash while in Yates Park. No dog shall be permitted in any bathing area.
No dog shall be left unattended.
§ 97-28 Selling of Refreshments & Food Restricted, §97-43 Alcoholic Beverages, §97-45 Certain vehicles prohibited and §97-46 Compliance with Officers and Regulations are hereby repealed.
Italic: Changed
Strikeout: Deleted
Underline: New
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Deputy Town Clerk.
Marvion Ashburn – 6326 Benning Rd.: Regarding §97-38 Dogs, Mr. Ashburn felt that anyone who brings their dog into a town park on a leash should be made to clean up after the dog.
Bob Fortenbaugh – 17 Ferndale: is a member of the Recreation Commission which was asked to review the ordinances dealing with Parks. He was glad to see that the Town Board used most of their recommendations but thought that two areas might be more restrictive 1) pooper-scooper law in active recreation areas, and 2) alcohol allowed in picnic/eating areas only, or prohibiting alcohol around athletic fields.
Henry Dinder – 4270 Abbott Road: Regarding §97-16. Alcoholic beverages, he wanted to know how the Town is going to enforce this ordinance.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing in the matter of Local Law #2 of the Year 2000, regarding Parks & Playgrounds, is hereby closed at 8:12 PM, (local time).
The resolution was unanimously adopted.
At this time the Town Board Members reserved making a decision adopting Local Law #2 as to allow them to review and consider comments made at the public hearing.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Central School to use Yates Park/Green Lake on July 11th, July 28th and August 8th for the “School in the Sun” program.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Anne B. Roder to use Yates Park/Green Lake on July 3rd for the Annual Thomas R. Gardner Memorial Scholarship Fun Run/Walk.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that Town Board does hereby authorize the following resident appointments, dependent upon obtaining the required certifications, to the 2000 Spring/Summer Recreation Staff as recommended by the Recreation Director:
Matthew Smith 25 Briar Hill Road Aide $5.75
Rachael Hageman 75 Curley Drive Aide $5.75
Jennifer Kisker 4041 N. Freeman Road Aide $5.55
Brian Bonner 10 Fir Top Drive WSI $5.95
Josh Ford 49 E. Royal Hill Drive Aide $5.75
Sara Ceilinski 6137 Berkley Drive Aide $5.55
Cara Starosielec 30 Knob Hill Drive Aide $5.55
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of Sahlem’s Roofing & Siding, Inc., 3920 Taylor Road, Orchard Park, for a building permit to erect a 39,000 square foot warehouse and storage facility with a 5,000 attached office and showroom on vacant land on the south side of Southwestern Blvd., to the Planning Board and Conservation Board.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of St. John’s Christian Preschool to use Green Lake/Yates Park for their annual picnic on Thursday, May 25th, from 10:00am to 3:30pm.
The resolution was unanimously adopted.
Supervisor Cudney announced that Erie County has purchased a new van for the Senior Going Places program, which is run cooperatively by the local towns and the county, to provide transportation to our seniors. She thanked the County Legislature and County Executive for making this possible. Supervisor Cudney said they were overwhelmed by the response of over 100 young people who turned out for the Earth Day Program the Town sponsored. There were over 250 – 30 gallon bags of garbage picked up. She wished to thank everyone who helped with the program. Supervisor Cudney announced that two trees have been planted to kick off the Marking the Millennium’s initiative to plant 1000 trees. The first was placed in McFarland Green by the Town and the second one was donated by Arbor Capital Management and was placed in Birdsong Park.
Councilman Mills announced that on May 27th, from 11:00am to 1:00pm, he and Frank Clement will be set up at McFarland Green to sell the Millennium commemorative bricks for the walkway, and giving out information on the Millennium fund raising. This is the same day the Farmers Market opens up.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Disabled American Veterans Chapter 135, and it’s Ladies Auxiliary, to hold the annual “Forget-me-Not” flower fund drive from May 10th to May 14th.
The resolution was unanimously adopted.
Councilwoman Ackerman announced that there will be a school candidates night held on May 8, 2000 at the Eggert Road school where school issues will be discussed and the two unopposed candidates will be there as well. She also announced that on May 9, 2000, the Strategic Planning Initiative meeting will be held at the Library. The public is welcome to attend.
Councilman McCarville said the Public Safety Committee continues to receive complaints regarding speeding in residential neighborhoods, and he requested that people be good neighbors and slow down.
.
10) THE FOLLOWING RESOLUTION WAS OFFERED AND SECONDED UNANIMOUSLY BY THE TOWN BOARD, TO WIT:
WHEREAS, this Town Board has received numerous complaints regarding the rubbish which is maintained on the property of August Munk at 5397 Big Tree Road; and
WHEREAS, pursuant to Section 64-5-a of the New York State Town Law, this Town Board is authorized to provide notice to August Munk to remove the rubbish from the yard and in the event he fails to remove such rubbish from the yard, to have it removed and assess the expense of such removal on the real property at 5397 Big Tree Road; and
WHEREAS, this Town Board has provided written notice to August Munk previously demanding that the rubbish at the premises at 5397 Big Tree Road be removed;
NOW, THEREFORE, be it hereby resolved that this Town Board hereby directs August Munk to immediately comply with the prior directions of this Town Board to remove the rubbish at 5397 Big Tree Road; and
BE IT FURTHER RESOLVED, that in the event that August Munk fails to remove the rubbish from his yard that such rubbish be removed and that the expense of the removal of such rubbish be assessed to the real property at 5397 Big Tree Road; and
BE IT FURTHER RESOLVED, that a copy of this resolution be delivered to the premises of August Munk at 5397 Big Tree Road and sent by certified mail to Mr. Werner Munk at 13015 Alpine Drive, Anchorage, Alaska, 99516, who are the owners of said premises.
It was stated by the Town Board that this is not the kind of action that a local government likes to take, but this situation has gone on for ten years and there has been no resolution, so this is the next necessary step that needs to be taken.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the two new public dispatchers to attend a one day training course at Hilbert College, on May 22, 2000, at town expense, as recommended by the Police Chief.
The resolution was unanimously adopted.
Town Engineer Michael Merritt wished to announce that the Town Water Department is going to begin routine maintenance on the water lines on May 9th that will continue for about five weeks. They are going to be flushing the lines and this can make the water cloudy. If the residents experience this cloudiness, they can clear it up by running the water for awhile.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #9, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$ 303,239.94 |
|
Part Town Fund |
$ 2,861.67 |
|
Risk Retention |
$441.34 |
|
Highway Fund |
$24,210.89 |
|
Special Districts |
$ 27,911.44 |
|
Trust & Agency |
$ 5,526.77 |
|
Capital Fund |
$ 7,581.91 |
The resolution was unanimously adopted.
Paul Sokalski, 5532 Big Tree Road: Congratulated the Town Board on the success of Earth Day, and thanked the Town Board for approving the Disabled American Veterans request to sell “Forget-Me-Nots.
Henry Dinder, 4270 Abbott Road: Would like to see Abbott Road, between Rt. 20 & Rt. 20A cleaned up and questioned the tax deferments given to the industries in our town.
There being no more business before the Town Board, on motion by Councilman Buyer, seconded by Councilman Mills, the meeting was adjourned at 8:40 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk