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 1st day of April, 1981 at 8:00 P.M. EST and there were

PRESENT AT ROLL CALL:

E. B. Woodard     Supervisor

J. J. Diggins     Councilman

R. P. Penny       Councilman

D. J. Mill        Councilman

D. P. Curley      Councilman

 

Betty K. Reukauf  Town Clerk

R. J. McNamara    Town Attorney

R. W. Sweet       Building Inspector

R. C. Henning     Police Chief

R. A. Geitter     Supt. of Highways

M. R. Merritt     Town Engineer

 

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.

APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on March 18th, 1981, 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.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - Approve renewal of Stable Permit #1981-5, John Chapman, Abbott Rd.

1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the renewal of Stable Permit #1981-5, John Chapman, 5999 s. Abbott Road, as recommended by the Build­ing Inspector.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Award Bid for Police Uniform Parts.

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

RESOLVED that the Town Board be and is hereby authorized to award the bid for Police Uniform Parts to United Uniform Co., Inc., 777 Main Street, Buffalo, New York, they be­ing the lowest responsible bidder therefore and as recommended by the Town Attorney, Police Chief and the Police Committee.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - McDonald's Rest. Orchard Park Rd., Extension of Driveway

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

RESOLVED that the Town Board "be and is hereby authorized to refer to the Planning Board and the Environmental Conservation Advisory Council, the petition of McDonald's Restaurant, 3232 Orchard Park Rd. to extend existing driveway.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - (not on Agenda) Award Bid for Highway Dept. Pickup Truck.

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS,      WIT:

RESOLVED that the Town Board be and is hereby authorized to award the bid for one (1) 1981 Pickup Truck for the Orchard Park Highway Dept, to Carrow Chevrolet Corp, 6185 West Quaker Street, Orchard Park, New York in an amount not to exceed Five Thousand Seven Hundred Ninety-one Dollars and Eighty-five Cents ($5,791.85) they being the lowest responsible bidder therefore and as recommended by the Highway Superintendent.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1- Approve Zambelli Fireworks Mfg.Co. Inc. Contract.

5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to execute the Contract with Zambelli Fireworks Mfg. Co., Inc. for the 1981 4th of July fireworks display in an amount not to exceed Seventeen Hundred ($1,700.00) Dollars.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Salfranco's Rest ,Abbott Rd., addition to existing building.

6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO. MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and the Environmental Conservation Advisory Council the request from Salfranco's Restaurant, S4300 Abbott Rd. for a building permit for an addition to an existing build­ing.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #3 - E.C. Water Auth. Re: Lease Management Agreement W.D. #19 ex. #1.

TABLED by Supervisor Woodard until the April 15th, 1981 meeting.

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

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the "Rate Stabilization Plan" Contract with New York Telephone, which Contract provides for stated rates and guarantees no initiated rate changes for a period of three (3) years terminating on August 1, 1984.

A complete copy of this contract is entered into and attached to these minutes.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Diggins reported on complaints received re: problems encountered when families want to use Chestnut Ridge Park for a day of leisure.

Councilman Penny thanked the Town Clerk for contacting our Albany representatives re: resolutions approved by the Association of Towns in February 1981.

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to direct the Town Engineer to prepare a map, plan and report for the proposed improvement to OPSD #18 - sixteen (16) lots on the north end of quaker Lake Terrace, and be it further

RESOLVED that the Town Engineer be and is hereby directed to make application to the EPA for funding for the proposed improvement.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to adopt the following reso­lution providing for the defense of Town Officers and Employees:

SECTION I: As used in this resolution, unless the context otherwise requires: (A) the term "employees" shall mean any person holding a position by election, appointment or employment in the service of the town, but shall not include a volunteer, any person not compensated for his services or an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative. (B) the term "town" shall mean the Town of Orchard Park.

SECTION II: (A)Upon compliance by the employee with the provisions of section 3 of this resolution, the town shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the town.

(B) Subject to the conditions set forth in this resolution, the employee shall be represented by an attorney employed or retained by the town for the defense of the employee. Reasonable attorney's fees and litigation expenses shall be paid by

the town to such attorney employed or retained, from time to time, during the pendency of the civil action or proceeding subject to certification by the town supervisor that the employee is entitled to representation under the terms and conditions of this reso­lution. Payment of such fees and expenses shall be made in the same manner as payment of other claims and expenses of the town. Any dispute with respect to the amount of the fees or expenses shall be resolved by the court.

(C) Where the employee delivers process and a request for a defense to the town attorney or the town supervisor as required by section 3 of this resolution, the town attorney or the supervisor, as the case may be, shall take the necessary steps in-eluding the retention of any attorney under the terms and conditions provided in para­graph (B) of this section on behalf of the employee to avoid entry of a default judge­ment, pending resolution of any question relating to the obligation of the town to pro-vide a defense.

SECTION III: the duties to defend provided in this resolution shall be contingent upon (A) delivery to the town attorney or, if none, to the town supervisor of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after he is served with such document and (B) the full cooperation of the employee in the defense of such action or proceeding and defense of any action or proceeding against the town based upon the same act or omission, and in the prosecution of any appeal. Such delivery shall be deemed a request by the employee that the town provide for his defense pursuant to this resolution, unless the employee shall state in writing that a defense is not requested.

SECTION IV: The benefits of this resolution will inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party nor shall any provision of this resolution be construed to effect, alter or repeal any provisions of the Workers' Compensation Law.

SECTION V : The benefits of this resolution shall be extended to an employee of a nego­tiating unit for which an agreement has been negotiated pursuant to Civil Service Law, Article 14 only if such agreement expressly so provides.

SECTION VI: The provisions of this resolution shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance.

SECTION VII: As otherwise specifically provided in this resolution, the provisions of this resolution shall not be construed in any way to impair, alter, limit, modify, abro­gate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the town or any right to defense provided for any governmental officer or em­ployee by, in accordance with, or by reason of, any other provision of the state or fed­eral statutory or common law.

SECTION VIII: The provisions of this resolution shall apply to all actions and proceedings specified herein which have been commenced, instituted ..or brought. on or after the effective date of this resolution.

SECTION IX: This resolution shall take effect immediately.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Mill reported on 1) progress of parking lot behind the Jells property and adjoining properties interested in the project, and 2) the attempt on President Reagan's life this past week. President Reagan is doing well and the news reported he had re-quested his wife to bring him some jelly beans. At this time Councilman Mill presented the Town Board with a jar of jelly beans and distributed them among members of the Town Board, Principal Officers and the audience.

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

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to pay the State DOT an amount not to exceed One hundred Twenty ($120.00) Dollars to par­ticipate in the "Bridge Inspection Program" for the inspection of three (3) bridges owned by the Town of Orchard Park.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to direct the Town Engineer to prepare a map, plan and report for the creation of Water District #3 extension #3 for the eastern portion of Velore Avenue which is not presently serviced by a water district.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to direct the New York State Electric & Gas Corp. to prepare a proposal for street lighting at the end of the Cul-de-Sac on Mid County Drive.

E. B. Woodard - Aye

J. J. Diggins - Aye

R. P. Penny                                                - Aye

D. J. Mill                                      - Aye

D. P. Curley - abstained

THE RESOLUTION WAS DULY ADOPTED.

Town Engineer Michael Merritt reported on a preliminary report from Stuart Brown Assoc­iates home survey conducted to qualify areas for use of Community Development Funds. A final report shall be issued shortly and reviewed by the Engineering Department.

13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #5 and the End of Month Warrant for March 1981, following auditing by members of the Town Board and in the funds indicated:

                                   WARRANT #5           END OF MONTH

GENERAL FUND                       $28,531.99              $41,591.25

PART TOWN FUND                          60.50                2,081.44

SPECIAL DISTRICTS                   44,432.28                4,639.93

HIGHWAY FUND                         8,309.15                  14, 662.22

TRUST & AGENCY FUND               11,880.45              44, 859.61

FEDERAL REVENUE SHARING              5,297.58                2,079.88

DEBT SERVICE FUND                  19,743.00                 -

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION,

SECONDED BY COUNCILMAN MILL, TO WIT;

RESOLVED that the Town Board be and is hereby authorized to receive and file all commun­ications as entered on the Agenda:

1)    Assemblyman R.L. Kennedy - Re: Resolution #1 & #2, Association of Towns 1981.

2)    E.C. Legislature - Resolution Adopted 3/11/81 Re: Countywide revaluation project.

3)    E.C. Dept. of Finance - Statement of monies paid to Cities, Towns & Villages in Erie County during 1980 by the Commissioner of Finance.

4)    Association of Towns - 16 Resolutions approved and sent to New York Legislature.

5)  Orchard Park Central School Dist. - Re: Election of Daniel Sansone, 6695 E. Quaker to the Board of Education 3/18/81.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

1)    Mr. & Mrs. William Stunz, 3848 N. Buffalo Rd. requested information re: 1) the leash law in the Town of Orchard Park and 2) complained about unlicensed automobile parked in the yard at 3854 N. Buffalo Rd. The Building Inspector stated hehas been in touch with the owner and he will have the auto removed from the premises by June 1, 1981.

2)    Charles Flessel, 5437 Berg Rd. (1) asked if the Lighting Committee had investigated the placing of lights at the intersection of side streets into the north side of Lake Avenue. Councilman Penny stated the Lighting Committee did inspect the area and are reviewing possible lighting to alleviate the problem and 2) the width of Town Streets and the problems caused by narrow streets built before regulations were in force.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:59 P.M. EST with a moment of silent prayer for the speedy recovery of the President of the United States and the three other persons injured this past week dur­ing an assassination attempt on the President's life in Washington D.C.

Respectfully submitted,

Betty K. Reukauf Town Clerk