Reg. Mtg. #4 - Mtg. #6

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 18th 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

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

ABSENT:

R. P. Penny Councilman - Business matter

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

Old Business #1 - Stable Permit #2-1981 M.L. Morgan 7295 Jewett Holmwood. Rd.

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 approve the renewal of Stable Permit #2-1981, M. L. Morgan, 7295 Jewett Holmwood Road, Orchard Park as recommended by the Building Inspector.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED

Old Business #2 - Stable Permit #3-1981, Grace D'Angelo, 7895 E. Quaker St.

2) 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 renewal of Stable Permit #3-1981, Grace D'Angelo, 7895 East Quaker Street, Orchard Park as recommended by the Building Inspector.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

Old Business #3 - Award Bid for 1981 Tree Planting.

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 award the bid for Trees for 1981 Planting to Valley View Nurseries, Inc. 6135 Webster Road, Orchard Park, they being the lowest responsible bidder thereof and as recommended by the Town Attorney and the Parks and Grounds Foreman.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED

New Business #4 - Award Bid for Sanitary Sewer Interconnect, Berg Road and Abbott Road.

4) 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 award the bid for Sanitary Sewer #18 Interconnects - Berg Road and Abbott Road to Dan Marzec Plumbing and Heating, Inc. 5029 Broadway, Depew, New York in an amount not to exceed $6,250.00 they being the lowest responsible bidder thereof and as recommended by the Town Engineer.

E. B. Woodard Aye

J. J. Diggins Aye

It. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

New Business #5 - R.D.J. Metal Fabricators & Vending Inc. Request for use of trailer.

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 approve the request from R.D.J. Fabricators and Vending Inc., 3043 Baker Road for use of an "on site" trailer as recommended by tie Planning Board 2/11/81.

E. B. Woodard X

J. J. Diggins X

R. P. Penny Absent

D. J. Mill X

D. P. Curley X

THE RESOLUTION WAS DULY ADOPTED.

Old Business #6 -Towne Lincoln Mercury, Orchard Park Rd., Bldg. Permit - Franchise Site

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 request for a Building Permit for a new Franchise Sign from Towne Lincoln Mercury Inc., 3050 Orchard Park Road, and be it further

RESOLVED that the Town Board be and is hereby authorized to deny the request from Towne Lincoln Mercury Inc., 3050 Orchard Park Road for a change of existing Franchise Signage as recommended by the Planning Board 2/11/81.

Aye

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

Old Business #7 - J. A. Vitali N. Buffalo Rd. C/O for Change in Use for part of building

7) 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 with stipulations the request from John A. Vitali, 3752 N. Buffalo Road for a C/O for a Change in Use for part of the building as recommended by the Planning Board 2/11/81.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

Old Business #8 - Frank Ciminelli, Mid County Dr., Final Plans for Bldg. Permit Approval.

8) 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 request from Frank Ciminelli, 140 Mid County Drive for approval of final plans for building permit as recommended by the Planning Board 2/11/81.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Abstained

THE RESOLUTION WAS DULY ADOPTED.

New Business #4 - G. Denecke, Southwestern Blvd. Bldg. Permit for Insurance Bldg.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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 Gerald Denecke, 3095 Southwestern Blvd. for a building permit for a one story masonary brick building.

E. B. Woodard Aye
J. J. Diggins N/A

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

Old Business #9 - G. Denecke, Southwestern Blvd. Bldg. Permit for one story brick bldg.

10) 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 approve, with stipulations, the request from Gerald Denecke, 3095 Southwestern Blvd. for a building permit for a one story masonry brick building as recommended by the Planning Board 2/11/81.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

New Business #1 - Orchard Park Central Schools, Request use of 6 Voting Machines,

11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO' MOVED ITS ADOPTION, SECONED BY COUNCILMAN MILL, TS WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from Orchard Park Central Schools for the use of six (6) Voting Machines for a Special Vote on March 18. 1981.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

New Business #2 - J. Lewandowski, Big Tree Rd., Special Exception Use in R3 Zone.

12) 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 herby authorized to refer to the Planning Board and the Environmental Conservation Advisory Council the request from Jerold Lewandowski, 5457 Big Tree Road to rezone property from R2 to R3.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

New Business #3 - Volislav Bojovic Abbott Rd. Pavilion shelter Dining Facility extension

13) 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 refer to the Planning Board and the Environmental Conservation Advisory Council the request from Volislav Bojovic, 3239 Abbott Road for a Concept approval for a pavilion/shelter for existing Dining Facility

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

New Business #5 - J. Janik, N. Buffalo Rd. - Change in Use C/O from Office to Day Care.

14) 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 refer to the Planning Board and Environmental Conservation Advisory Council the request from Joyce Janik, 3573 North Buffalo Road for a Change in Use C/O from Office to Day Care Center.

E. B. Woodard Aye

J., J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED,

15) 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 transfer as requested by the Town Clerk:

From A1450.444 to A1450.445 $1,500.00

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED,

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

RESOLVED that the Town Board he and is hereby authorized to abolish the title of Community Development Coordinator, and be it further

RESOLVED that the title of Director of Community Development be and is hereby created as directed by Erie County Department of Personnel.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

17) 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 Vendors Permit Fee for the Town of Orchard Park be $10.00 for the year 1981.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

Supervisor Woodard reviewed a letter from State Assemblyman Richard Kennedy re: State Revenue Sharing.

18) 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 send a letter to Legislator Robert Meier stating the Town Board's concern and interest re: the Stadium Club that was to be built at Rich Stadium. As more information is avail-able, the Town Board would appreciate being kept up to date on all matters pertinent to this matter.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

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

WHEREAS, the Town Board received a letter from Norman Le Blanc, Attorney for many of the proposed "Mall area" residents, requesting the Town Board to schedule another public Hearing and or public meeting as soon as more information is available in regard to the proposed Mall, and

WHEREAS, Attorney Le Blanc stated his concern that his clients had very little information at the first public hearing that was held, and

WHEREAS, the Town Board is very concerned about all the residents of the Town of Orchard Park

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to send a letter to Attorney Le Blanc acknowledging his concern for his clients and assuring him that as soon as enough information is available about the Mall a public meeting shall be held to hear all concerned persons for or against the proposed Mall Concept.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

Councilman Mill reported that he has been in contact with Global Cable TV and they are on schedule and work should start on March 1, 1981. Service will be turned on as work is completed in each area.

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

RESOLVED that the Town Board be and is hereby authorized to approve the New York State Electric & Gas Corp. Street Lighting proposals as follows:

1. Scherff Road:

Install 8 - 3350 lumen mercury lamps @ $40.00

$320.00 (P-19-1*,25,33,35,38,40,44,49-1,L-891)

Remove 2 - 33 lumen mercury lamps @ $40.00

80.00 (P-34,39,L-891

2. New Armor Road: (corner Chestnut Ridge Road)

Install 2-16000 lumen HPS lamps @ $75.00 (P-320-2*,322-1*,L-1030)

steel signal poles n/e and s/w corners

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

21) 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 all entries on Warrant #3 following auditing by members of the Town Board and in the funds indicated:

WARRANT #3

GENERAL FUND $ 135,735.12

PART TOWN FUND 4,696.59

SPECIAL DISTRICTS 1,391,348.66

HIGHWAY 52,187.10

TRUST & AGENCY FUND 32,622.96

FEDERAL REVENUE SHARING 4,278.11

CAPITAL FUNDS, various 22,626.45

E. B. Woodard. Aye

J. J. Diggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

22) 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 receive and file all communications as entered on the Agenda:

1. State Education Dept. acknowledgement and consent for Clerk to use Records Retention and Disposition Schedule 19-TC-1.

2. Assemblymen Kennedy regarding State Revenue Sharing.

3. County Legislator Paxon re: ICONN - Erie - plans to reconstruct the Erie Canal.

4. U.S. Senator D. Patrick Moynihan regarding Revenue Procedure 80-55.

5. N.Y.S. Dept. of Motor Vehicle re: Annual Pedestrian Safety Inventory Survey.

6. N.Y.S. Electric & Gas Corp. - Street Lighting Proposal on New Armor Road. (corner of Chestnut Ridge Road)

7. E.C. Legislature re: Public Notice relating to required 8 year review for Agriculture Districts.

8. Mrs. Nita Lima, 229 Lakeview Ave. - Resignation as 2nd Deputy Receiver of Taxes and Assessments effective 2.9.81.

9. Orchard Park Recreation Director - Request for Town Board to help with presentations for the Frigid 4 - Mile Road Race.