Reg. Mtg. #8 - Mtg. #10

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 15th 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 4/1/81, as presented by the Town Clerk, be and are hereby approve, 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 - Request for E,C. Water Auth. & O.P.W.D. #19 & W.D. #19ex1 Lease Management.

1) 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 request the Erie County Water Authority to enter into Lease Management Agreements with Orchard Park Water District #19 and Water District #19 extension #1, Water District #19 is a developing subdivision called "Independence Heights" and Water District #19 extension #1 encompasses a subdivision named "Hillsboro"

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Rescind. Resolution #3 of M tgs. #1 1980 & 1981 Registrar of Vital Stat.

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 rescind resolution #3 of Meeting #1 - 1981 and resolution #3 of Meeting #1 - 1980 re: appointment of Registrar of Vital statistics of District 1460 in the Town of Orchard Park.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Appt. Town Clerk as Registrar of Vital Stat. for term of Office.

3) 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 appoint the Town Clerk, Betty K. Reukauf as Registrar of Vital Statistics for District 1460 in the Town of Orchard Park for the term of Office 1/1/80 thru 12/31/83.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - McDonald's Rest., Orchard. Park Rd. - Permits for property improvements.

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from McDonald's Restaurant, 3232 Orchard Park Road for permits for property improvements as recommended by the Planning Board 4/8/81 with stipulations.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #5 - Salfranco's Rest. Abbott Rd. Bldg. Permit for addition to building

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from Salfranco's Restaurant, 4300 Abbott Road for a building permit for an addition to existing building as recommended by the Planning Board 4/8/81 with stipulations.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Pine Hill Coffee Service California Rd. Bldg. Permit & C/0 - addition.

6) 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 refer to the Planning Board and Environmental Conservation Advisory Council, the request from Pine Hill Coffee Service, Inc., 3538 California Road for a building permit and C/O for an addition to existing building.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #6 - Pine Hill Coffee Services Inc. California Rd. Bldg. Permit for addition.

7) 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 request from Pine Hill Coffee Services, Inc. 3538 California Road for a building permit and C/O for addition to existing building as recommended by the Planning Board 4/8/81 with stipulations.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - March of Dimes Walk-a-thon.

8) 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 approve the request from the March of Dimes to conduct a Walk-a-thon in the Town of Orchard Park on May 17,1981.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING

At 8:15 P.M.EST, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for, or against the adoption of a petition from Empire Soils Investigations, Inc., 3835 Sheldon Road to rezone property from R3 to B2 for the purpose of expansion of an existing business.

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 Town Clerk. The affidavit is entered into and attached to these minutes.

PROPONENTS

Dean Anderson, Meadowbrook Dr., Orchard Park - Executive Vice President of Empire Soils Investigations, Inc.

OPPONENTS

Roy W. Edwards, 3853 Sheldon Road, Orchard Park

Floyd Fried, 3845 Sheldon Road, Orchard Park

Mrs. Floyd Fried. 3845 Sheldon Road. Orchard Park

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

RESOLVED that the Public Hearing in the matter of the adoption of a petition from Empire Soils Investigation, Inc. to rezone property from R3 to B2 be and is hereby closed at 8:44 P.M. EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING

At 8,45 P.M. EST, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of a petition from Jerold Lewandowski, 5457 Big Tree Road to rezone property from R2 to R3 for the purpose of conforming all owner's land to one zoning and to allow petition for a Special Except-ion Use for home occupation.

PROPONENTS

Jerold Lewandowski, 5457 Big Tree Road, Orchard Park

OPPONENTS

No one spoke

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, ID WIT:

RESOLVED that the Public Hearing in the matter of the adoption of a petition from Jerold. Lewandowski to rezone property from R-2-to R3 be and-is hereby closed at 8:47 P.M.EST.,

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, following due and timely notice, a. public hearing relating to the-matter of the adoption of a petition from Empire Soils Investigations, Inc., 3833 Sheldon Road. to rezone property from R3. to B2 for the purposes of expansion of an existing business was conducted at the Municipal Building, S4295 South Buffalo Street,- Orchard Park, . New York on the 15th day of April, 1981 at which all interested parties were given an opportunity to be heard and,

WHEREAS, approval from the Erie County Department of Planning, pursuant to Section 239 of the General Municipal Law was received and filed by the Town Board and

WHEREAS, a recommendation for denial from the Town of Orchard Park Planning Board was received and filed with the Town Board.

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from R3 to B2 all tract or Parcel of land bounded and described as follows: '

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Orchard Park, formerly East Hamburg, County of Erie and State of New York, being part of Lot Number forty (40), Township nine (9), Range seven (7), of the Holland Land Company's Survey, bounded and described as follows

BEGINNING at a point in the center line of the Sheldon Road eight hundred thirty—two and fourteen hundredths (832.14) feet easterly measured at right angles from the west line of said Lot Number forty (40); thence northerly at an angle of 103° 04' and along the east line of land conveyed to Fred Bibber and Josephine R., his wife, by deed dated October 31, 1925, and recorded in the Erie County Clerk's Office in Liber 1868 of Deeds at page 182, November 2, 1925, four hundred forty-seven and two tenths (447.2) feet to a point; thence easterly parallel with the center line of Sheldon Road, fifty (50) feet to the east line of land conveyed by Jacob Hoover and Mary, his wife, to John Drus by deed dated March 29, 1876, recorded in the Erie County Clerk

Reg,. Mtg. #8 Mtg. #10 4/15/81 Page 5

Office in Liber 363 of Deeds at page 387, March 31, 1876; thence southerly along the east line of land so conveyed to said John Druzs four hundred forty-seven and two tenths (447.2) feet to the center line of the Sheldon Road; thence westerly along the center line of the Sheldon Road, fifty (50) feet to the point of beginning, containing

one-half (1/2) acre, more or less.

ALSO, ALL THAT OTHER TRACT OR PARCEL OF LAND, situate in the Town of Orchard Park, formerly East Hamburg, County of Erie and State of New York, being part of Lot Number forty (40), Township nine (9), Range seven (7) of the Holland Land Company's Survey, bounded and described

as follows:

BEGINNING at a point at the southeast corner of lands conveyed to Fred Bibber and Josephine Bibber, his wife, by deed dated October 31, 1925, and recorded in Erie County Clerk's Office in Liber 1868 of Deeds at page 182; thence southwesterly along the center line of Sheldon Road seventy five (75) feet to the southeast corner of land conveyed by Fred Bibber and Josephine R. Bibber, his wife, to the Board of Education of Central School District Number 1 of the Towns of Orchard Park, Aurora, Hamburg, Elma, West Seneca and Boston, Erie County, New York, recorded Liber 5770 of Deeds at page 233 in the Erie County Clerk's Office; thence northerly along the east line of land so conveyed to said School District a distance of four hundred forty-seven and two tenths (447.2) feet; thence easterly parallel with the center line of Sheldon Road, seventy-five (75) feet to the northwest corner of lands conveyed to Fred Noeller and Tessie M. Noeller by deed recorded in Liber 3502 of Deeds at page 3?9 in the Erie County Clerk's Office; thence southerly along the west line of land so conveyed to Fred Noeller and Tessie M. Noeller a distance of four hundred forty-seven and two tenths (447.2) feet to the center line of Sheldon Road at the point or place of beginning, containing seventy-five hundredths (0.75) of an acre, more or less.

This Ordinance shall take effect ten (10) days after publication and posting in accordance with law

and be it further

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 254 and 265 of the Town Law. -

Before the vote was taken, the members of the Town Board reviewed the impact the rezoning would have directly on the area involved.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING

At 9:00 P.M.EST, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of an amendment to the Zoning Ordinance: of the Town of Orchard Park which provides as follows:

To grant a Special Exception Use Permit as petitioned by Anthony Druzbik on land located at 5420 Lake Avenue, Orchard Park for the purpose of operating a home printing occupation.

PROPONENTS

Paul M. Michalek, 561 Ridge Jioad, Lackawanna, New York

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park as petitioned by Anthony Druzbik to grant a Special Exception Use Permit be and is hereby closed at 9:04 P.M. EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, following due and timely notice, a public hearing relating to the matter of an adoption of a petition from Jerold Lewandowski, 5457 Big Tree Road., to rezone property from R2 to R3 for the purposes of conforming all owners land. to one zoning and. to allow a petition for a Special Exception Use for home occupation was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 15th day of April, 1981 at which all interested parties were given an opportunity to

WHEREAS, approval from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received. and filed by the Town Board and ..

WHEREAS, approval from The Town of Orchard Park Planning Board was received and filed with the Town Board and

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that The Zoning Ordinance and The Zoning Map of the Town of Orchard. Park be and are hereby amended by rezoning from R2 to R3 all tract or parcel of land bounded and described as follows:

THAT TRACT OR PARCEL OF LAND, situate in the Town Of Orchard Park,

(formerly East Hamburgh), County of Erie and State of New York, be part of Lot No. Thirty-one (31), Township Nine (9), Range Seven (7) of the Holland Land Company's Survey, and more particularly bounded and described as follows:

BEGINNlNG at a point in the center line of Big Tree Road one hundred twenty-one-and forty-three hundredths (121.43) feet east the west line of said Lot No. Thirty-one (31) and which point is one hundred twenty (120) feet East of said west line of said Lot Thirty-one -(31) measured at -right angles thereto; running thence on a line parallel to the west line of said Lot No. Thirty-one and one hundred twenty (120) feet easterly therefrom as measured at right angles thereto twelve hundred forty-four and twenty hundreths (1244.20) feet to the south lix.e of said Lot No. Thirty-one (3i running thence westerly along the south line of said Lot-No. Thirty one (31), seventh and two hundredths (70.02) feet to a point fifty (50) feet east of the west line of said Lot No. Thirty-one (31) measured at right angles thereto; running thence northerly and parallel with the west line of said Lot No. Thirty-one (31) and fifty. feet easterly therefrom as measured at right angles thereto, twelve hundred forty-seven .and eighty-four hundredths (1247.84) feet to, center line of the Big Tree Road; running thence southeasterly along the center line of the Big Tree Road seventy and ninety-five hundreths (70.95) feet to the point or place of beginning.

This Ordinance shall take effect ten (10) days after publication and posting in accordance with law

and be it further

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 264 and 265 of the Town. Law.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCII IAN DIGGINS, TO . WIT: .

WHEREAS, Jerold Lewandowski, 5457 Big Tree Road did .petition the the Town Board to schedule a Public Hearing in the matter of rezoning property from R2 to R3 to conform the property to area zoning and to allow the owner to petition for a Special. Exception Use Home Occupation, and

WHEREAS, the Town Board did t. approve the. rezoning of property from R2 to R3 and,

WHEREAS, the petitioner did pay filing and land area fees to rezone property. to conform to area zoning, and

WHEREAS, the petitioner has expressed the intention of petitioning fora Special Exception Use Home Occupation Permit

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to waive the fees required for a Special Exception Use petition from Jerold Lewandowski, 5457 Big Tree Road as recommended by the Building Inspector due to the topography of the property rezoned from R2 to R3.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an amendment-to the Zoning Ordinance of the Town of Orchard Park granting a Special Exception Use Permit as petitioned by Anthony Druzbik on land located at 5420 Lake Avenue, Orchard Park for the purpose of operating a home printing occupation was con-ducted at the Municipal Building, S429,5 South Buffalo Street, Orchard Park, New York on the 15th day of April, 1981 at which all interested parties were given an opportunity to be heard, and

WHEREAS, approval from the Erie County Department of Planning, pursuant to Section 239am of the General Municipal Law was received and filed by the Town Board, and

WHEREAS, approval from the Town of Orchaxd Park Planning Board was received and filed with the Town Board

NOW, THEREFORE, be it,

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by granting a Special Exception Use for all that tract or parcel of land bounded and described as follows:

ALL THAT PLOT OF LAND, situate in the Town of Orchard Park (formerly East Hamburg), County of Erie and State of New York being part of Lot Number four hundred forty-nine (449), Township ten (10), Range seven (7) of the Buffalo Creek Reservation as surveyed by Cook and Jones and filed in Erie County Clerk's Office under Cover Number 30, and more fully bounded and described as follows:

BEGINNING in the southerly line of said Lot No. 499 in the center line of Lake Avenue distant 92 feet easterly from the southwesterly corner of said Lot No. 449; thence easterly and along said center line of Lake Avenue and the south line of said Lot No. 449 a distance of 90 feet; thence northerly and parallel with the westerly line of said Lot No. 449, 400 feet; thence westerly and parallel with the southerly line of said Lot No. 449, 90 feet; thence southerly along a line parallel with the westerly line of said Lot No. 449, 400 feet to the point or place of beginning, containing .827 acre, more or less.

This Ordinance shall take effect immediately in accordance with law.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

NEW BUSINESS #2 - Disabled American Veterans to sell "For-get-me-nots".

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

RESOLVED that the- Town Board be and is hereby authorized to approve the request from the Disabled American Veterans, Hamburg, New York to sell "For-get-me-nots" in the Town of Orchard. Park on May 11-16, 1981 from 8:00 A.M. to 9:00 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

NEW BUSINESS #4 - White Arrow Service Station, Southwestern Blvd., Concept Approval.

17) 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 Environmental Conservation Advisory Council the request from White Arrow Service Stations, Inc., 3388 Southwestern Blvd. for Concept approval for self service gas station.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) 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 approve the following transfer as recommended by the Town Clerk:

Elections from A1450.419 to A1450.445 $650.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Orchard Park Chamber of Commerce to provide financial support for the purchase of American flags for display at the Four Corners in an amount not to exceed Three Hundred ($300.00) Dollars to be funded from the Publicity Account.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Marjorie R. Kohl, 27 Errington Terrace as Second Deputy Tax Receiver for the purpose of assisting in Water Bill preparation and collection for the remainder of the year 1981 as recommended by the Receiver of Taxes.

E. B. Woodard Aye

J. J. Diggins Aye

R.. P. Penny Aye

D. J. Mill Nay

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

PUBLIC HEARING

At 9:15 P.M. EST, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of an Order establishing Extension #1 to Water District #19 in the Town of Orchard Park, Erie County, New York.

PROPONENTS

No one spoke.

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of the adoption of an Order establishing Extension #1 to Water District #19 in the Town of Orchard Park, Erie County, New York be and is hereby closed at 9:18 P.M.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the members of the Town Board have had an opportunity to read and review the final Order for the establishment of Water District #19 extension #1

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to adopt the final Order in the matter of the establishment of Extension #1 to Water District #19 which is entered into and attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Woodard reported on 1) notification of a Public Hearing to be held on 4/28/81 at the Newton Abbott Fire Hall re: the elimination of the underpass at the Milestrip - Lake Avenue bridge in the Town of Orchard Park and Hamburg and 2) letter from Congressman Jack Kemp notifying the Town of the withdrawal of revenue procedure 80-55 by the IRS on 4/81 at 1:00 A.M.

23) THE FOLLOWING RESOLUTION WAS OFFERED. BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION; SECONDED BY COUNCILMAN MILL, TD WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the following street lighting proposal from the New York State Electric & Gas Corp. 4/13/81:

Mid. County Drive - Install 1 - 16000 lumen HPS lamp @ $75.00 (P-B, L-3643)

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.

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

RESOLVED that the Town Board be and is hereby authorized to approve the street lighting proposal from the New York State Electric & Gas Corp. on 4/03/81 for Orchard Meadows, Part 8 Phase I on Old Orchard Lane as follows:

Install 2 - 3350 lumen post top HPS lamps to be placed on existing posts on the southerly stub of Old Orchard Lane.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to direct the New York State Electric & Gas Corp. to prepare an engineering study and proposal on the following:

Installation - Lake Avenue #101 (Illumination consistent with surrounding lighting) Bielak Road - #1,3,7,9,13,15 3350 lumen

and be it further

RESOLVED that New York State Electric & Gas Corp. be and is hereby directed to remove the following:

Bielak Road - #8, 14 3350 lumen

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Penny reported on:

1. lighting on Regalwood Drive

2. need for update of Recreation Lands Fee Schedule and requested the Building Inspector to review and update this fee schedule

3. Stonehenge site plan comes back to the Town Board for recommendation prior to final site plan approval by the Planning Board. The final development of this area shall mean added traffic and road links are needed. The Town Board must review the site plans carefully with projection to the future before approving the proposed final site plans

4a the inactivity of the developers of the proposed Mall in Orchard Park

5. his concern re: newspaper report on the attitude of the Town Board in regard to the future activity of the Youth Board. He reviewed the effort put forth by citizens to prepare a study that was accepted by the Town Board, the establishment of the Youth Board, the responsibilities and funding needed for a Youth Board and hoped the Board does indeed support the efforts of this Youth Board

6. requested the Building Inspector to prepare a "Formed Permit Schedule" for gas well drilling for review by the Town Board

Councilman Mill reported on:

1. Landscape plans being submitted by contractor, approved by the Town but never completed. He requested the Environmental Conservation Advisory Council and the Building Inspector research the possibility of retaining a registered Landscape Architect to inspect landscape area after building has been completed, determine the estimated cost to retain such Landscape Architect and survey as to the necessity to require a licensed Architect's seal on all landscape plans

2. requested information on the bond release request for "3 Forsythia Court"

3. 25 year lease between the Chamber of Commerce Parking Committee and property owners adjacent to the dolls property for the parking lot expansion

4. many calls received re: the restoration of Barmen Road Playground by the Contras for who installed area sewer line work. The Town Engineer stated a letter had been sent to Erie County stating our objection to the conduct of the Contractor as to clean-up of the playgound as well as area streets. Supervisor Woodard will send a letter to Erie County reaffirming our objections

5. the Boys Club and Scout Troops have organized to paint fences at the Quaker Meeting House on 4/18/81 and volunteers are needed

Councilman Curley reported on:

1. Youth Board status

2. a joint meeting of the Library Board of Trustees and the Town Board to be held on May 18, 1981. Mr. Ken Hodosy, Librarian, has obtained permanent status at the Library and this is the 10th Anniversary of the Library and festivities are being planned

3. complaint from Mr. Nicastro, 441 Lakeview Avenue re: driveway problems since the Town designed and rebuilt the street. The Highway Superintendent is aware of the problems and hopes to correct these, in the very near future,

Building Inspector Robert Sweet requested the Town Board to consider a permit fee amendment to require a $5.00 fee for any addition attached directly to a house and also a minimum sign fee. Presently the Town has a "no fee: permit for additions or any work done on premises between $0 - $500.00.

26) 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 approve the request from the Highway Superintendent to purchase a Utility Dump Body at a cost not to exceed Two Thousand Eight Hundred Ninety-five ($2,895.00) Dollars installed. This will re place the purchase of a pick-up truck approved for purchase in the 1981 budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Highway Superintendent reported on i) the two week "clean-up" conducted by the Town Highway and 2) residents of the Town have scheduled a "Roadside Policing" project for April 18, 1981 and anyone interested in helping are asked to call Marilyn Maul for information.

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

WHEREAS, easements for the Northwest Drainage Project (Taylor Road, Steppingstone Lane and Colony Park area) have been secured

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to schedule a bid opening on May 44 1981 at 2:00 P.M.EDT for the relocation of an existing drainage stream north of New Taylor Road and east of Taylor Road to the Southern Expressway to be known as North-west Drainage Project Phase It and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #6 following auditing by members of the Town Board and in funds indicated

WARRANT #6

GENERAL FUND $63,654.50

PART TOWN FUND 2,522.93

SPECIAL DISTRICTS 69,087.64

HIGHWAY FUND 27,612.77

TRUST & AGENCY FUND 16,704.57

FEDERAL REVENUE SHARING 5,787.62

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

29) THE FOLLOWING RESOLUTION WAS OFFERED BY. COUNCILMAN PENNY, WHO:.MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WITS

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

1. Assemblyman R.L. Kennedy - Res. Proposed State Tax. Revenue Sharing plan for highway rehabilitation and bridge improvements.

2. E.C. Legislature - Res Resolution adopted 3/5/81 favoring phased-in repeal of E.C. Sales-use Tax on residential energy sources.

3. Philip T. Smith, Marine Midland Bank - Res Revenue Procedure 80-55.

4. In-home Support Service Corp. of W.N.Y. - Res Weathering program in Orchard Park.

5. E.C. Dept. Highways - Closing of portion of Willett-Berg Rd. from 4/20/81 to 7/18/81.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

30) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, 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 reports as entered on the Agendas

i. Building Inspector's Monthly Report and Building Permits for March 1981.

2. N.Y. State Electric & Gas Corp. - Street lighting installation and removal on Gartman Road - authorized by the Town Board 12/17/80.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

William Owens, Baker Road Res Sewer installation on Baker Road. The Septic System. Perculation Test has failed, the closing date for property is June 15th, 1981 and he is concerned as to the cost of new septic system if sewers shall be available soon. The Town Engineer has prepared several alternate designs and will prepare a cost effectiveness report for installation of sewers in this area for the Town Board's review. The Town Board will notify Mr. Owens of their decision in this matter.

At this time the Supervisor recognized Addison Fournier, former Highway Superintendent for the Town of Orchard Park in the audience.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 10s30 P.M. EST with a moment of silent prayer in honor of Ethel Henning, a life long resident and teacher of Orchard Park who was admired by all who had the privilege and honor of knowing her.

Respectfully submitted,

Betty K. Reukauf Town Clerk