ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ... ABANDONMENT: Dunn Road ABSTRACTS: GENERAL FUND ...

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' ^^^x^^^^^^^^&^iAi^ 808 REGULAR BOARD MEETING JULY 21, 1993 TOWN HALL 7:30 P.M. Donna Bloom, 7810 Back Creek Road: I have to apologize to the Dake's because I understand where you want to make a living on your own property. We moved to this location last year in May thinking we were safe. We have three young girls ages two to nine. The noise factor hasn't been a real factor in my case as I work and am not home during most of the day. What concerns me is the safety of the trucks going up and down Back Creek Road. I am opposed to this rezoning. A motion was made by Supervisor Kennedy and seconded by Councilman Wittmeyer to close the Public Hearing on the Rezoning of the Dake property at 7825 Back Creek Road at 8:37 P.M. five (5) Ayes Carried Supervisor Kennedy commented that he feels very strongly that the area should remain residential and is of mind to vote against the rezoning application. Councilraan Wittmeyer coraraented that he is Chairman of the Traffic Safety Committee and has worked with the Back Creek people for a number of years and understands the safety awareness of the people who live there. Personally he could not vote for a .rezoning to put a piece of commercial property in this residential area. There might be other ways that Mr. Dake can continue his operation with sorae type of variance, but to rezone he could not vote for a rezoning. Councilman Zimmerman commented that he would like to echo Councilraan Wittmeyer comments and at this time could not vote for a rezoning. A motion was made by Supervisor Kennedy and seconded by Councilman Wittmeyer to deny the application for the rezoning of the Dake property at 7825 Back Reek Road from Single-Family Residential District (R'-2) to Industrial Park Research and Development District (M-1). five (5) Ayes REQUESTS FROM THE FLOOR Carried Ronald Yormick, 6405 Deanna Drive: I would like some information regarding the northwest spur of Deanna Drive. I would like to knov/ if that is a town highway or not? Supervisor Kennedy: There will be some v/ritten correspondence read into the agenda at a later time. At that time we will discuss that particular aspect also. Code Enforcement Officer Dennis Kramer: I have been asked for an update from the people of Lower East Hill Road as to the status of the road. Supervisor Kennedy: When I spoke with representatives downtown they indicated that Frontier Asphalt was the low bidder on that contract. Frontier Asphalt is not a union contractor. They were substantially below the second lowest bidder. In fact, almost a quarter of a million dollars or better lower than the second bidder. There were some oraissions in their bid documents and so the second lowest bidder challenged Frontier Asphalt in the court. The Judge ruled on that challenge and said that the Commissioner of Highways of the County of Erie has the right to grant the bid to Frontier, if it felt it was in the best interest of the county and the best interest of the county's taxpayers if he did in fact provide the documents. Mr. Gugino has been trying to get in touch with Legislator Fitzpatrick. Mr. Fitzpatrick is the chairman of the Economic Development Committee in the County Legislature and before that can go to a full vote of the County Legislators, it has L. J .1 J J 1

(M a: REGULAR BOARD MEETING JULY 21, 1993 TOWN HALL 7:30 P.M. to be released to the floor for a vote. I know myself the allegiances that Mr. Fitzpatrick has with the union, and I am suspect. After the expiration of a forty-five day period then this bidder can no longer be held to the contract bid. I have called our Legislator Fred Marshall and asked him to talk to Fitzpatrick or the Legislators and make sure that this is released from the committee. We are still going to try and get in touch with Mr. Fitzpatrick. I talked to Marilyn Calhoun who is meeting tomorrow morning With Mr. Gugino and she assured me that she is going to do everything she can to contact Mr. Fitzpatrick. Councilman Flowers: I feel a little bit different on that one because now you are taking a pot-shot at the unions, and I am a union man. Supervisor Kennedy: I am taking a pot-shot at Legislator Fitzpatirick for not releasing that from the Economic Development Committee and I will continue to take those pot-shots. Letter received from Peter C. Ruh, All-County Taxpayers Association Re: Court of Appeals decision in Schulz v State of New York on file in the Clerk's Office. Received frora Helm, Shapiro, Anito & McCale, P.C. a "Notice" of a Lawsuit against the State Board of Equalization and Assessment as filed by National Fuel Gas on file in the Clerk's Office. Letter received from Adelphia Cable advising of several policy changes being raade by Adelphia as a result of "the Cable Act", on file in the Clerk's Office. Letter received from Adelphia Cable, some broadcast stations may insist on charging for the right to carry their;^ progiramming on our cable system. It is our intent to resist paying such fees. We hope to reach a satisfactory agreement with every station in our area. However, if negotiations prove unsuccessful with any particular station, v:e will have no other choice than to delete that station from our channel lineup. This letter is on file in the Clerk's office. Supervisor Kennedy asked Town Attorney Perley to draft a letter to Mr. Sprague, owner of the, Sprague Mobile Home Park advising of a small mobile home in his Mobile Home Park that is in violation of the New York State Building Code on Mobile Homes. This is a very small unit that does not comply With the existing laws and was brought into the park after the existing laws were in effect. A raotion was made by Supervisor Kennedy and seconded by Councilraan Flowers to extend the 1993 Temporary Mobile Home Park License for Sprague Mobile Home Park owned by William Sprague until August 18, 1993, at which time the Town Board will review this application to see if Mr. Sprague has complied. If he hasn't the Board will have to take the necessary action for him to operate without a license. five (5) Ayes Carried Received a copy of a follow-up letter to a Complaint letter dated April 13, 1993, addressed to Mr. Sprague from Leo Molenda, Sprague Mobile Home Park Lot #12. Supervisor Kennedy commented that he had also followed up on a call that the Town Clerk received of problems within the park some of which we don't have jurisdiction over. They are complaints that the individual has with the park operator. The Supervisor will bring this to the attention of Mr. Sprague. W I J " • •

(M<br />

a:<br />

REGULAR BOARD MEETING<br />

JULY 21, 1993<br />

TOWN HALL<br />

7:30 P.M.<br />

to be released to the floor for a vote. I know myself the<br />

allegiances that Mr. Fitzpatrick has with the union, and I am<br />

suspect. After the expiration of a forty-five day period then this<br />

bidder can no longer be held to the contract bid. I have called our<br />

Legislator Fred Marshall and asked him to talk to Fitzpatrick or<br />

the Legislators and make sure that this is released from the<br />

committee. We are still going to try and get in touch with Mr.<br />

Fitzpatrick. I talked to Marilyn Calhoun who is meeting tomorrow<br />

morning With Mr. Gugino and she assured me that she is going to do<br />

everything she can to contact Mr. Fitzpatrick.<br />

Councilman Flowers: I feel a little bit different on that one<br />

because now you are taking a pot-shot at the unions, and I am a<br />

union man.<br />

Supervisor Kennedy: I am taking a pot-shot at Legislator<br />

Fitzpatirick for not releasing that from the Economic Development<br />

Committee and I will continue to take those pot-shots.<br />

Letter received from Peter C. Ruh, All-County Taxpayers Association<br />

Re: Court of Appeals decision in Schulz v State of New York on file<br />

in the Clerk's Office.<br />

Received frora Helm, Shapiro, Anito & McCale, P.C. a "Notice" of a<br />

Lawsuit against the State Board of Equalization and Assessment as<br />

filed by National Fuel Gas on file in the Clerk's Office.<br />

Letter received from Adelphia Cable advising of several policy<br />

changes being raade by Adelphia as a result of "the Cable Act", on<br />

file in the Clerk's Office.<br />

Letter received from Adelphia Cable, some broadcast stations may<br />

insist on charging for the right to carry their;^ progiramming on our<br />

cable system. It is our intent to resist paying such fees. We<br />

hope to reach a satisfactory agreement with every station in our<br />

area. However, if negotiations prove unsuccessful with any<br />

particular station, v:e will have no other choice than to delete<br />

that station from our channel lineup. This letter is on file in<br />

the Clerk's office.<br />

Supervisor Kennedy asked Town Attorney Perley to draft a letter to<br />

Mr. Sprague, owner of the, Sprague Mobile Home Park advising of<br />

a small mobile home in his Mobile Home Park that is in violation of<br />

the New York State Building Code on Mobile Homes. This is a very<br />

small unit that does not comply With the existing laws and was<br />

brought into the park after the existing laws were in effect.<br />

A raotion was made by Supervisor Kennedy and seconded by<br />

Councilraan Flowers to extend the 1993 Temporary Mobile Home Park<br />

License for Sprague Mobile Home Park owned by William Sprague until<br />

August 18, 1993, at which time the Town Board will review this<br />

application to see if Mr. Sprague has complied. If he hasn't the<br />

Board will have to take the necessary action for him to operate<br />

without a license.<br />

five (5) Ayes Carried<br />

Received a copy of a follow-up letter to a Complaint letter dated<br />

April 13, 1993, addressed to Mr. Sprague from Leo Molenda, Sprague<br />

Mobile Home Park Lot #12.<br />

Supervisor Kennedy commented that he had also followed up on a call<br />

that the Town Clerk received of problems within the park some of<br />

which we don't have jurisdiction over. They are complaints that<br />

the individual has with the park operator. The Supervisor will<br />

bring this to the attention of Mr. Sprague.<br />

W I<br />

J<br />

" • •

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