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 16th 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

John O'Connor     Deputy 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 MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on December 2, 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 - Adopt Resolution re: Recreation Fees in lieu of recreation lands.

1) 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 re-creation parks in various parts 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

AND WHEREAS, the Town Board has in fact reviewed the fee schedule as presented

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to adopt the following fee schedule for monies collected from subdividers in lieu of recreation lands:

R 1 areas         $275.00/lot

R 2 areas         $200.00/lot

R 3 & R 4 areas   $125.00/lot

THE RESOLUTION WAS UNANIMOUSLY ADOPTED,

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

2)    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 schedule a Public Hearing on January 6, 1982 at 8:30 P.M. EST in the matter of and amendment to the Zoning Ordin­ance to rezone property on the South side of Big Tree Road, West of Route 219 from R3 to B2 as recommended by the Planning Board 12/9/81 and as petitioned by Armor Heating, Co., Inc., Abbott Road, and be it further

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Orchard Park Bus Systems, Thorn Ave., Renewal of Trailer Permit.

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 approve the request from Orchard Park Bus Systems, 275 Thorn Ave. for a Trailer Permit renewal for one (1) year.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - N.Y.S. Office of Retardation/Development Disabilities, Philson Dr. Site.

4)    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 schedule a Public Hearing on January 6, 1982 at 9:00 P.M. EST in the matter of a potential site at 104 Philson Dr., Orchard Park, identified by the West Seneca Development Disabilities Service Office, to establish a community residence for developmentally disabled persons, and be it further

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED,

New Business #1 - E.C. D.P.W. - Request transfer of jurisdiction to Town of Armor Duells Rd

The Supervisor requested a letter be sent to Philip F. Frandina, Deputy Commissioner of Highways, County of Erie as requested by the Highway Superintendent, acknowledging his letter of December 7, 1981 and notifying him that the Town Board and Highway Superin­tendent are reviewing and discussing the request for the transfer of jurisdiction to the Town of Orchard Park from the County of Erie .6 miles of road on Armor Road. Duerr Rd. to expressway and expressway to Village Line.

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

WHEREAS, this shall be Councilman Roger Penny's last official meeting after serving the

Town of Orchard Park for twelve years, and

WHEREAS, the Town Board did honor Councilman Penny at a dinner on December 7, 1981 at the Orchard Downs Restaurant, and

WHEREAS, the members of the Town Board publicly thanked him for his timely efforts out forth on behalf of the town residents, his willingness to serve on numerous com­mittees, his superior knowledge and implementation of Town Law, and

WHEREAS, he was always willing to discuss differences with members of the Town Board in a gentlemanly manner and compromise if necessary, only with the best interest of the town in mind, and

WHEREAS, his strong conviction in favor of the Master Plan was instrumental in the Master Plan being adopted, and

WHEREAS, his knowledge of the Southtowns Sewer District and his attendance at meetings has been of great benefit to our community, and

WHEREAS, the Town Board expressed their best wishes on behalf on the residents of the town for all his future endeavors, knowing he will remain active in community affairs

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to present Councilman Penny with the key to Orchard Park in recognition of twelve years of faithful service rendered to and for all the residents of the Town of Orchard Park.

 

E. B. Woodard     Aye

J. J. Diggins     Aye

R. P. Penny       abstained

D. J. Mill        Aye

D. P. Curley      Aye

 

THE RESOLUTION WAS DULY ADOPTED.

 

Councilman Penny thanked all for their kind remarks and the key to Orchard Park. He stated he truly enjoyed serving the town, it was a good and worthwhile experience and a humble experience. "The character and flavor of each board that I have served on has been different. Each board had different challenges but we, as a Town Board, were able to move ahead for the good of the town and I enjoyed being a part of that. I also want to thank everyone who supported me and my judgement during my four campaigns and be-cause of this and my position as Town Councilman, I have met and made many friends".

6)         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 approve the following transfers as recommended by the Town Engineer:

$96,642.85 from 1978 CD Acct. #4-C-1.0 to Acct. #434092

$68,357.15 from 1979 CD Acct. #4-C-1.0 to Acct. #434092

 

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

WHEREAS, each community with it's own Police Department has enforced the D.W.I. Law and incurred expenses which should be reimbursed

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to request Erie County Executive Edward J. Rutkowski to establish an equitable plan for fair distribution of funds received

from the State of New York, ie. the Smith Connelly Bill (Stop-D.W.I.Program) and be it further

RESOLVED that a certified copy of this resolution be sent to Eric Alcott, D.W.I. Coordinator, Leslie G. Foschio, Commissioner of Motor Vehicles, County Legislator Robert Meier., State Senator William Stachowski and Assemblyman Richard Kennedy.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard reported that Liberty National Bank bid the BAN's for Water Districts #2, #4 and #10 at 8.25 per cent.

Councilman Diggins reported on a letter from Ralph Roomer, a professor at State Univer­sity of New York at Buffalo, outlining the probability of an interesting program to be implemented by the faculty of Engineering and Applied Science. College Seniors in good academic standing would intern in certain departments at no salary but would earn academic credit. He requested Michael Merritt, Town Engineer to pursue this idea and per­haps we can make our Engineering Department available to such an intern.

Michael Merritt has made himself available to the Engineering Department of U.B. and has, in fact, lectured to the Civil Engineering Students and for this, the Professor is grateful. The Town Board commends Mr. Merritt for his involvement in such outside activities as it is a great PR vehicle for town personnel to become so involved.

8) 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 schedule a Public Hearing in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park on January 6, 1982 at 8:4.5 P.M. EST, which amendment provides as follows:

 

SECTION 13.40 - Amusement Arcades

 

b. Any amusement: arcade shall not open prior to'

·                     10:00 a.m. and shall close by 9:00 p.m. each day of the week, with the exception of those amusement arcades located on premises licensed by the State Liquor Authority. Except, such arcades shall be permitted to remain open between 9:00 p.m. and 11:00 p.m. on Friday and Saturday of the week.

15. Parking.

The premises shall provide parking for auto mobiles as' provided in section 13-73 of this ordinance and racks for the parking of

bicycles which shall be sufficient to park one bicycle for each amusement device, Additional parking spaces for bicycles shall be required and, in the opinion of the planning board, such parking spaces are necessary.

   NOTE: Those portions which are underlined .represent proposed amendments to section 13.40 of the zoning ordinance.

 

and be it further

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTIONS SECONDED BY COUNCILMAN PENNY, 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 report for the installation of lighting in the Doll Subdivision, particularly Old Orchard Lane, Sleepy Hollow Lane, Candy Lane and Puritan Place, as follows:

1.       Regular lighting on Poles - 3350 lumen

2.       Underground Decorative

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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 Cataract Disposal to assign their Contract with the Town of Orchard Park to Rapid Disposal, Inc., a sister corporation for geographical and economic principals and because of internal reorganization pending review and approval of legal papers by the Town Attorney.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

11) 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 changes in position of the following employees as recommended by the Deputy Recreation Directors

Gregory Bobro - 55 Auckland Ave. - promoted to Recreation Supervisor, Part-time Cindy Cesar - 4991 Murphy Rd. - promoted to Assistant

Laurie Kitchen- 6961 Milestrip Rd. - promoted to Recreation Supervisor, Part-time

and be it further

RESOLVED the following be appointed to the Recreation Staff for the Fall/Winter/Spring Program at the salary as provided in the budget and as recommended by the Deputy Recrea­tion Director:

Thomas F. Callaghan - 4017 N. Freeman Rd. - Substitute Recreation Supervisor, Part-time

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12)       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 Attorney to proceed with dedication proceedings for Independence Drive in Independence Heights Pert 2.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

13)       THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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 the Highway Superintendent to purchase a plow for the newly purchased truck at a cost not to exceed Two Thousand Nine Hundred Eighty-five ($2,985.00) Dollars as provided in the budget.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

14)       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 #22 following auditing by members of the Town Board and in the funds indicated:

WARRANT #22

GENERAL FUND                      $59,249.43

PART TOWN FUND                      2,559.54

SPECIAL DISTS. FUND                59,593.72

HIGHWAY FUND                       29,444.57

TRUST & AGENCY FUND                   200.00

FEDERAL REVENUE SHARING FUND       73,806.18

CAPITAL FUND, various               3,365.60

 

THE RESOLUTION-VAS UNANIMOUSLY ADOPTED.

 

15)       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.       New York State Electric & Gas Corp. - Change of street lighting on Reserve Rd. authorized by resolution of Town Board 12/30/80.

2.       New York State D.O.T. - Cancellation of Designation of Restricted Highways - Rt.277 between Chestnut Ridge Park and Rt.240.

3.       County of Erie - Cooperation Agreement between Town of Orchard Park and Erie County for 1982-1984 for H.U.D.

4.       County of Erie - 1981-1982 Contract for Community Development Block Grant between Town of Orchard Park and Erie County.

5.     New York State Supreme Court - Summons served on the Town re: The Great Escape - Amusement Arcades Ordinance.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

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

1. Building Permits and Building Inspector's Report for November 1981.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Business from the floor

Ben Nicosia, 46 Briar Hill - Requested information re: the revision of the P.I.P. Permit as presented by the Town Board. Town Engineer Michael Merritt was directed to send a letter to all area contractors notifying them of the work session at 7:00 P.M. EST on January 13, 1982 to be held by the Town Board to finalize the draft for the P.I.P. Permit to be presen­ted at a Public Hearing in the near future.

There being no further business before the Town Board, the Supervisor adjourned the meet­ing at 8:54 P.M. EST with a standing ovation in honor of Councilman Roger P. Penny.

Respectfully submitted,

Betty K. Reukauf Town Clerk