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 2nd day of December, 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 November 18, 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 - Supervisor to sign the Division for Youth Project Application.

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

SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to execute the Project Application for funding from New York State Division for Youth, 1/1/82 to 12/31/82 as recommended by the Recreation Director. The amount of State Aid requested is $10,144.48.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - K.C. Beyer, Webster Rd. re: Refund for S.S. #18 Tap at 5380 Webster Rd.

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

WHEREAS, Article 12-6 entitled Connection Charges of the Code of Ordinances of the Town of Orchard Park states:

"Each new home, industry or commercial unit constructed after the effective date of this chapter shall pay a connection charge to the town clerk in the amount of one hundred fifty dollars ($150.00) and a connection charge in an additional amount established by the county board of supervisors. (Ord. of 11-16-66, Sec. 1(702) )" and

WHEREAS, the connection charge required by the Town shall be waived only where a subdi­vider-installs his own sewer lines at no cost to the district and dedicates these lines to the Town of Orchard Park

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to deny the request from Kenneth C. Beyer, 5380 W. Webster Rd. for a refund of One hundred fifty ($150.00) dollars paid to the Town of Orchard Park on May 29, 1981 for a S. S . #18 Sewer Tap,

and be it further

RESOLVED that Mr. Beyer be notified of such decision by letter and a certified copy of this resolution be attached.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Armor Heating Co., Abbott Rd., Rezone 900 ft. from R3 to I1 ,Big Tree Rd.

3)       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 refer to the Planning Board and Conservation Board the request from Armor Heating Co., Inc., 3697 Abbott Rd. to rezone 900 foot frontage on the Route side of Big Tree Rd., West of Route 219, Sublots 1 - 10, Ramblewood Subdivision from R»3 to I-1.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

4)       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 approve the following trans­fers as recommended by the Town Auditor:

To         FROM        AMOUNT

A1110.139 A1990.480              $1200.00

A1220.444 A1990.480               2100.00

A1220.445 A1990.490   1500.00

A1220.139 A1990.480               1000.00

A1355.400  A1990.480   500.00

A1355.100 A1990.480                400.00

A1410-450 A1990.480   1000.00

A1355.137  A1990.480   500.00

A1355.102 A1990.480                100,00

A1440.137  A1990.480   200.00

A1920.406  A1990.480   200.00

A3120.412  A1990.480   100.00

A3120.443 A9015.811               4500.00

A3120.449 A1990.480                250.00

A3120.475  A9015.811   12000.00

A3510.100 A1990.480   300.00

A7020.402  A1990.480   500.00

A7020.419 A1990.480                400.00

A7020.470 A1990.480   400.00

A7020.480 A1990.480                500.00

A7020.482 A1990.480                 50.00

A8560.418 A1990.480                400.00

A9040.813  A9030.812   10000.00

A1440.475 A1440.139                700.00

B3620.400  A3620.138   1000.00

B3620.100  B3620.138   200.00

B9060.814  B3620.138  110.00

B3620.102  B3620.138   200.00

B3620.137  B3620.138   150.00

 

CF3120.215        CF3120.215        7750.00

CF9010.810        CF8540.400        650.00

DS5110.416        DR9010.810        3780.00

DR5110.170        DE5150.475        20000.00

DR5110.170        DR5110.440        800.00

DR5110.170        DR909            12000.00

DR5110.416        DS5148.170        17800.00

DR5110.472        DS5148.170        5000.00

DR5110.474        DS9010.810        1230.13

DR5110.474        DN9010.810        1186.00

DS5140.419        DS5148.170        8100.00

DS5142.170        DS5140.170       1693.13

DS5142.170        DS9010.810        181.87

DR5110.500        DE5150.475        4000.00

SM8345.000.116    SM909             14000.00

SM8345.000.503    SM8345.000.443    2000.00

SM9060.000.814    SM9010.000.810    75.00

SR8160.000.435    SR8160.000.440    20000.00

SS8120.020.486    SS8120.020.520    25.00

SS8120.030.486    SS8120.030.520    45.00

SS8120.040.486    SS8120.040.520    35.00

SS8120.070.486    SS8120.070.520    25.00

SS8120.080.486    SS8120.080.520    85.00

SS8120.090.486    SS8120.090.520    35.00

SS8120.100.486    SS8120.100.520    10.00

SS8120.110.486    SS8120.110.520    45.00

SS8120.111.486    SS8120.111.520    110.00

SS8120.170.527    SS8120.170.520    180.00

SS8120.180.421    SS8120.180.443    1200.00

SW8340.030.421    SW909             300.00

SW8340.030.464    SW909             60.00

SW8340.090.485    SW8340.090.498    25.00

SW8340.100.423    SW8340.100.485    250.00

SW8340.170.485    SW909             3800.00

SW8340.180.485    SW909             320.00

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

RESOLVED that the Town Board be and is hereby authorized to receive and file Communication #2, New York State Office of State Comptroller - Report of Examination of Federal Revenue Sharing for the Town of Orchard Park 1/1/79 to 12/31/80, for compliance with Federal Rev­enue Sharing and Antirecession Laws and Regulations.

Supervisor Woodard stated the Town Board is very pleased with the Report. of Examination and congratulated the Town Auditor and Bookkeeper for a job well done.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

6) THE FOLLOWING RESOLUTION   WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION.

 

SECONDED BY COUNCILMAN CURLEY, TO WIT:

WHEREAS, the Town Board is in agreement that there is a need for some adjustment in the Fee Schedule set by the Town for monies collected from subdividers in lieu of recreation lands, and

WHEREAS, these monies are deposited in a fund used for the development of our town recreation parks in various areas of the Town, and

WHEREAS, six months ago Councilman Penny did propose and recommend an updated fee sched­ule and has had no comment from the Planning Board and or other interested persons, and

WHEREAS, the following fee schedule has been presented for review by the Town Board;

                  Present Fee Proposed Fee

R 1 areas         $100.00/lot $275.00/lot

R 2 areas         $100.00/lot $200.00/lot

R 3 & R 4 areas   $ 80.00/lot $125.00/lot

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to review the proposed new Fee Schedule and prepare a. Fee Schedule for monies in-lieu of recreation lands to be adopted at the Town Board Meeting December 16, 1981.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

7)       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 schedule a Public Hearing. on January 6, 1982 at 8:15 P.M. EST in the matter of the adoption of Local Law #1 - 1982 en-titled "A Local Law to Regulate Gas Well Drilling and Well Operations Procedures" and be it further

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Councilman Curley reported on the Public Improvement Permit Ordinance. The Town Board held two Public Hearings in this matter. It is imperative that final action be taken on this matter and he requested the Supervisor to invite all area developers to attend a work session on January 13, 1982 to try to finalize plans for the adoption of a Public Improvement Permit Ordinance in the very, near future.

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

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #21 and the End of Month Warrant for November 1981 following auditing by members of the Town Board and in the funds indicated:

WARRANT #21         END OF MONTH

GENERAL FUND                             $32,226.28          $ 57,656.84

PART TOWN. FUND                             -                  11,635.44

SPECIAL DISTRICTS FUND                     9,281.59           205,566.32

HIGHWAY FUND                              13,926.65                  . 79,161.42

TRUST & AGENCY FUND                       28,714.11                50.00

FEDERAL REVENUE SHARING FUND               5,172.40             1,760.92

CAPITAL FUND S.S. #18                      4,061.61              -

FEDERAL HUD COMMUNITY DEVELOPMENT          9,218.79            19,335.06

DEBT SERVICE FUND                           -                 198,149.40

NPP ESCROW ACCOUNT                          -                     287.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

9) 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 Communication #1 as entered on the Agenda:

New York State Electric & Gas Corp. - Installation of street lighting on October 31,1931 on Transit Rd., Burning Bush Way and Lehigh St.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:36 P.M. EST with a moment of silent prayer in honor of Clarence Caughell, a life long resident of Orchard Park who died on Monday, November 30, 1981 at the age of 96.

Mr. Caughell brought to legislation the name change of Orchard Park from East Hamburg, was a former Village Trustee, Town Assessor, one of the organizers of the Orchard Park Fire Company, becoming one of the first Fire Chiefs in Orchard Park and served on the Orchard Park Police Department between 1941 and 1944.

Respectfully submitted,

Betty K. Reukauf Town Clerk