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 4th day of February, 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
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
ABSENT:
D. P. Curley Councilman
entered meeting at 8:05 P.M. EST
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 PENNY,. WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on January 21, 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 are hereby dispensed with as each member of the Town Board had previously received copies thereof.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - Adoption of increase for Water Tap Fees for Orchard Park Water Dist.
1) 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 Tap Fees in the Town of Orchard Park Water Districts not' under Lease Management with the Erie County Water Authority, as recommended by the Foreman of the Orchard Park Water Department:
3/4" Tap $350.00 (Near or Far Side)
1" Tap $375.00 (Near or Far Side, does not include Meter)Inspection Fee $ 25.00
Any tap larger than a 1" would have to be made by an outside firm.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
New Business #1 - Towne Lincoln-Mercury, Inc. 3050 Orchard Park Rd., Pedestal Sign.
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 refer to the Planning Board the request from Towne Lincoln-Mercury, Inc. 3050 Orchard Park Road for a Building Permit for a Pedestal Sign for a new Auto Franchise.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
New Business #2 - John A. Vitali, N. Buffalo Rd. - C/0 for Change in Use.
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 the request from John A. Vitale, 3752 N. Buffalo Road for a C/0 for Change in Use for a portion of existing building.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
New. Business #3 - Empire Soils Investigation Inc., Sheldon Rd., Rezone for expansion.
4) 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 the request from Empire Soils Investigation Inc., 3858 Sheldon Road, to rezone property to permit expansion of an existing business.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
At this time Councilman Curley entered the meeting.
New Business #4 - R.J. Ruske, Seufert Rd. Temporary House Trailer due to residence fire.
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 Riley J. Ruske, 5809 Seufert Road, for permission to put a house trailer on property during interim of rebuilding house due to fire on or about 1/2981 for a period not to exceed one (1) year.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - Stable Permit #1-1981 - Quakerfield Stables, S. Freeman Road.
6) 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 Stable Permit #1-1981, Quakerfield Stables Inc., 4760 S. Freeman Road as recommended by the Building Inspector.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #6 - Appointment of Temporary Police Officer.
7) 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 appoint M. J. Sherry of 37 Melberry Trail, Orchard Park, as a Temporary Police Officer, pending the retirement of a Town Police Officer, Daniel Neylan, for the Orchard Park Police Force as shown on the Civil Service List and as recommended by the Police Chief and the Police Committee effective February 5, 1981 at 8:00 A.M. EST.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #7 - Approve Hillsboro Subdivision Concept.
Referred to the Deputy Town Attorney for action.
New Business #8 - Feb. 8-14,1981 as "United States Jayceette Week".
8) 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 proclaim the week of February 8-14, 1981 as "United States Jayceete Week" as requested by the Orchard Park Jayncees.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, ID WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the purchase of "Reporter" Module at a cost not to exceed $1,620.00, and be it further
RESOLVED that Mary Zintz, Margaret Campbell and Jean Brown be authorized to attend a Seminar at Town expense for 'Reporter" at a cost of $330.00/person at Syracuse Custom Eduaction Center, Syracuse, New York on March 9, 10, 11, 1981 as recommended by the Town Auditor, and be it further
RESOLVED that the purchase of "Reporter" Module and the Seminar expenses do not exceed the total sum of $3,000.00.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Woodard reported on 1) Moog Inc. becoming leasee on Mid County Drive, 2) notification from N.Y.S.E. & G. re; increase of street lighting charges which could amount to 12%, 3) complaints from Jewett Holmwood Road residents re: dangerous road
conditions this winter. Supervisor Woodard requested the Highway Superintendent to contact Erie County to try to alleviate the problem by more sanding and 4) a coordination meeting for Flood Insurance Study for the Town of Orchard Park scheduled for February 10, 1981 at 11:00 A.M. at the Orchard Park Town Hall by the Federal Emergency Management Agency.
10) 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 elect to provide-the Career Retirement Plan of Section 75-g of the Retirement and Social Security Law as presently or hereafter amended for employees of participating employers, and be it further
RESOLVED that this election shall become effective with the payroll period beginning on February 23, 1981.
The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) THE FOLLOWING RESOLUTE ON 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 elect to provide the benefit: of Section 75-i of the Retirement and Social Security Law as presently or hereafter amended, and be it further
RESOLVED that this election shall become effective with the payroll period beginning on February 23, 1981.
The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY. TO WIT:
WHEREAS, the Town Board of the Town of Orchard Park has elected to provide Section 75-I providing for an Improved Career Retirement Plan applicable to Tier 1 and Tier 2 members only, and
WHEREAS, Eugene B. Woodard, Chief Fiscal Officer of the Town of Orchard Park has been advised by the Retirement System that the initial actuarial payment to the system of all additional obligations created by such benefit or improvement is $29,631.00, and
WHEREAS, this said sum has been appropriated in the budget for said Fiscal Year 1981 and is available for such payment
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to make payment of $29,631.00 to the Retirement System during said Fiscal Year 1981.
The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #1 - K. Nigro return of $2,500.00 left in escrow for Forsythia Ct.
Kenneth Nigro appeared before the Town Board requesting the return of $2,500.00 left in Town Escrow for property at 3 Forsythia Court. After a discussion with the Town Board, the Town Attorney was directed to contact Attorneys for both parties involved to schedule a joint meeting with Town Attorneys and personnel from the Town involved with the problem.
13) 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 request Erie County to prepare an exam for Police Lieutenant to be used for any future appointments needed by the Town of Orchard Park.
E. B. Woodard Nay
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Aye
THE RESOLUTION WAS DULY ADOPTED.
14) 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 schedule a bid opening for "Road Building Materials" on February 23, 1981 at 11:00 A.M. EST in the Highway Superintendent Office.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY. COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS, informal bids had been received for Sanitary Sewer interconnects of S.S. #6 and S.S. #18 at Berg Road and Minden Drive, and
WHEREAS, the Town Engineer has reviewed all proposals submitted
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to award the bid for S.S. #6 and S.S. #18 interconnects at Berg Road and Minden Drive to Kissel Landscaping Inc., 650 Creekside Drive, Alden, New York in an amount not to exceed Two Thousand seven hundred and seventy-five ($2,775.00) Dollars, they being the lowest responsible bidder thereof and as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Mill reported on a scheduled meeting by the Environmental Conservation Advisory Council with the Planning Board for a brief tour of the area in the Open Spaces Map. Everyone will meet at George Schichtel's on Chestnut Ridge Road on February 7th at 10:00 A.M. EST Members of the Town Board and any one interested are invited to attend.
The Town Clerk read a memorandum from Councilman Curley re: Moog Inc. becoming tenant on Mid County Drive. Councilman Curley stated as his employer represents Moog, he will abstain from discussion or voting on issues pertinent to this matter.
The Highway Superintendent reported on a $400.00 charge from Erie County Water Authority during the reconstruction of Greenfield Street by the Town of Orchard Park. He stated he has refused to pay this and has demanded a revised bill which he will audit before payment is made.
16) 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 #2 and the End of Month Warrant for January 1981 following auditing by members of the Town Board and in the funds indicated.:
WARRANT #2 END OF MONTH
GENERAL FUND $24,737.72 $45,846.44
PART TOWN FUND 156.35 2,072.47
SPECIAL DISTRICTS 8,559.04 9,959.78
HIGHWAY FUND 4,232.88 18,915.56
TRUST & AGENCY FUND 11,785.76 322,351.04
FEDERAL REVENUE SHARING 1,479.30 248.65
DEBT SERVICE FUND - 5,330.00
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) 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 the communications as entered an the agenda:
1. Senator Alfonse D'Amato Re: Internal Revenue Service Procedure 80-55
2. Senator D. Patrick Moynihan Re: Confirmation of James G. Watt as Secretary of Interior
3. George R. Blair, Elma Town Attorney - Notice of Public Hearing Re: Amendment to the Zoning Ordinance in the Town of Elma.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18) 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 Building Permits and Building Inspector's Report for January 1981.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:03 P.M. EST.
Respectfully submitted,
Betty K. Reukauf
Town Clerk