Reg. Mtg. #2 - Mtg. #4

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 21st day of January, 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

M. R. Merritt Town Engineer

ABSENT:

R. A. Geitter Supt. of Highways (Family Emergency)

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 December 17, 1980 and January 7, 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 - Business Data Processing Service, N. Buffalo Rd., addition to Bldg.

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 Business Data Processing Service, 3885 N. Buffalo Road (formerly Cling Surface) for a Building Permit for an addition to rear of existing building with the stipulation that the number of parking spaces remain the same, as recommended by the Planning Board on January 14, 1981.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - Snow Removal Contract 1980 - 1981.

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 direct the Supervisor to execute the Snow Removal Contract with Erie County for the period November 1980 to November 1981.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Schedule Bid Opening for Trees.

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 schedule a Bid Opening for Trees for the 1981 Tree Planting Program on February 17, 1981 at 2:00 P.M. EST, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Authorize Town Clerk to dispose of records.

4) 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 adopt Records Retention and Disposition Schedule #19-TC-1 issued pursuant to Part 185, Title 8 of the official compilation of Codes, Rules and Regulations of the State of New York and containing minimum legal. retention periods for the Town Records for use by the Orchard Park Town Clerk, and be it further

RESOLVED, that this Board hereby authorizes the disposition of records in accordance with the minimum legal retention periods set forth in Records Retention and Disposition Schedule No. 19-TC-1, and be it further

RESOLVED, that the Town Clerk be and is hereby directed to furnish a certified copy of this Resolution to the Commissioner of Education.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - Orchard Park Chamber of Commerce, Use of Yates Park for Snow Sculpture.

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 the Orchard Park Chamber of Commerce for the use of Yates Park on February 7, 1981 ("No Snow" date February 14, 1981) from 10:00 A.M. - 4:00 P.M. for the Annual Snow Sculpture Conte:

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, to qualify for HUD funding for a low-moderate income rental housing project, the Town must own and or control the parcel of land to be used by HUD funds, and

WHEREAS, the California Road site selected by Eric Bowen and Elizabeth Becker does con-form to the Town Master Plan and is zoned R4 for multi-family units, and

WHEREAS, the Town Board did on December 3, 1980 authorize the Supervisor to

1) Submit request to the Buffalo Area HUD office to preapprove this site for the purpose of constructing 150 family and elderly rental housing units under the Section 8 New Construction Housing Assistance Payments Program for low and moderate income persons. Such units to be constructed as follows: 100 family, units - 26 one-bedroom garden type, 40 two-bedroom townhouse type, 30 three bedroom townhouse type, 4 four-bedroom townhouse type; and 5) elderly units - 40 one-bedroom garden type, 10 two-bedroom townhouse type

2) Request from and HUD authorization for the Town of Orchard Park to select the proposal for the project completion which best responds to the project criteria as established by the Town of Orchard Park

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor, as recommended by the Town Attorney, to enter into a purchase option with Eric Bowen and Elizabeth Becker to acquire the California Road site from them if HUD funding becomes available to the Town for a low-moderate income HUD rental housing project. The option payment and site purchase payment would be made from Community Development Block Grant Funds. The amount of these funds would be returned to the Town of Orchard Park upon purchase of the site from the Town by the ultimate developer of the site, and be it further

RESOLVED, if funding from HUD becomes available for the site, the Town Engineer, Michael R. Merritt, be and is hereby directed to receive all necessary documents from submitting developers interested in developing this site and to prepare the criteria per HUD and State guidelines necessary for the Town Board to review and select the best proposal and developer to complete the site project.

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 COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Mrs. Joan Humphrey, 118 S. Lincoln Ave., Orchard Park as part-time Clerk to the Town Planning Board, and Town Zoning Board, and be it further

RESOLVED that the duties of the part-time Clerk shall be to type the minutes of the Environmental Conservation Advisory Council.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8) 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 the appointment of the following to the Recreation Staff for the Fall/Winter/Spring Program at the current wage scale as recommended by the Deputy Recreation Director:

NAME JOB LOCATION APPOINT. RECOMMEN.

WAGE WAGE

Michelle Nowadly Lifeguard at $3.00 $5.00

201 Stonehenge Dr. Men's Physical

Fitness, Toddler Swim $4.00 Ass't., and

Sub. Women's Open $5.00 Swim

These positions have not been filled until now. ----------------------------------------------------------‑

Jeff Swartz Boy Scout Swim $3.00 $5.00

61 Tanglewood Dr.

This position has not been filled until now. Director.

-------------------------------------------------------------

Tim Lilley Gymnastics Direct. $5.00 $7.50

9 Daisy Lane (Substitute)

This position required due to resignation of Sarah Bammel.

Barbara Rollek Gymnastics Direct. $5.00 $7.50 29 Burbank Dr.

This position required due to resignation of Sarah Bammel

Marie Tschoop Sat. Learn-To-Swim $3.00 $5.00

96 Woodland Dr. Assistant This is a new position.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

The Town Board members agreed that jobs on the Recreation Staff shall be filled by Town residents whenever possible and professional sports level programs must be self sustaining. Councilman Diggins suggested a work session be held by the Town Board with the Recreation and Deputy Recreation Directors to review the recreation programs.

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 adopt the Natural Resources Inventory and Map as prepared by the Environmental Conservation Advisory Council.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Town of Orchard Park has determined that there is a public need to alleviate drainage problems in the northwest section of. the Town, and

WHEREAS, the Town Engineer has recommended that a project be completed to alleviate such drainage problems, and

WHEREAS, the Town Board has determined that completion of the above referenced drain-age project will not have significant environmental impact for purposes of State Environmental Quality Review Act and

WHEREAS, certain individuals have refused to sign easements to allow the project to be completed

NOW, THEREFORE, be it

RESOLVED the Town Board be and is hereby authorized to direct the Deputy Town Attorney to take the following actions:

1. To offer the following sums, pursuant to an impartial appraisal, to the owners of the parcels set forth below in order to secure a permanent easement over their lands as reflected on the maps filed in the Town Clerk's Office describing the drainage project referred to above;

a. Parcel No. 106 owned by Anthony Coppola - $220.00

b. Parcel No. 104 owned by Conrad and Margaret Minnich - $220.00

c. Parcel No. 103 owned by F. Sabatini - $140.00

d. Parcel No. 105 owned by Gene Patrilli - $320.00

e. Parcel No. 111 owned by C. Houck - $100.00

f. Parcel No. 107 owned by Anthony Coppola and Edward J. Murty - $220.00

g. Parcel No. 100 owned by O.P.I.P. Associates, M. Jacobs as Trustee - $1,860.00

h. Parcel No. 120 owned by John Krull, Sam Misredino and Paul Foley - $1,110.00

The sums indicated above have been determined through appraisal by Howard Schultz, Appraiser, pursuant to the Eminent Domain Procedure Law.

2. To make available, for inspection by the property owners referred to above, the text of the appraisal by Howard Schultz.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Mill reported 1) on a meeting with representatives from the New York Telephone Company re: update on their project "make ready" for Cable TV, 2) report from Global TV stating they will be starting March 1st, 1981 to install Cable Lines. Global hopes to have their site for Earth Station shortly and will contact the Town Board for a meeting within the next 2-3 weeks, and 3) the Telephone poles on Webster Road will be removed by April 1981.

Councilman Curley reported 1) that the Town Board will appoint a Fire. Code Ad Hoc Committee in the very near future and 2) Mercy Hospital and Buffalo General Hospital applications for an Ambulatory Care Center are to be reviewed by the State Review Board in New York January 22, 1981.

11) 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 appointment of Howard T. Ford, 1 Smokes Creek as Associate member of the Town Economic Development Committee for the year 1981.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12) 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 direct the Town Engineer to advertise for bids for Sanitary Sewer District #18 Realignment Project on Berg Rd. The work will consist of the installation of a new sanitary sewer, manholes and laterals, and the alteration and abandonment of the existing sanitary sewer to be opened 2/10/81 at 10:00 A.M. EST in the Supervisor's office, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

13) 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 Town Engineer to advertise for bids for the installation of Water Lines on South Freeman Road Improvements to Water District #19 to be opened on 2/24/81 at 10:00 A.M. EST in the Supervisor's office, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time the Supervisor recognized Bill Jonas, son-in-law of Jack Burnham, local businessman, who recently suffered a heart attack and is in Buffalo General Hospital and asked him to convey to Jack the Board's "Best Wishes for, a speedy recovery".

14) 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 schedule a Bid Opening on March 3, 1981 at 2:00 P.M. EST for a Service Radio Contract for the Police and Local Government radio as required by the F.C.C.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

15) 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 #1 following auditing by member of the Town Board and in the funds indicated:

WARRANT #1

GENERAL FUND 59499.69

PART TOWN FUND 1,974.52

SPECIAL DISTRICTS 184,077.06

HIGHWAY FUND 17,127.92

TRUST &.AGENCY FUND 29,997.54

FEDERAL REVENUE SHARING 27,491,00

CAPITAL FUND, W.D. #17 1,050.00

DEBT SERVICE FUND 98,905.00

NPPA ESCROW ACCOUNT 2,560.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING

At 8:50 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 Ordinances of the Town of Orchard Park which amendment provides as follows:

Any person who applies for a permit pursuant to the construction specifications of t Town of Orchard Park shall comply with the following: .

A. He shall obey the laws of the State of New York, the ordinances of the Town of Orchard Park and the regulations of the various departments of the Town of Orchard Park and State of New York and he shall notify the town engineer 48 hours in advance of commencing any work under such a permit.

B. Work under any such permit shall be started within sixty (60) days of the date of approval thereof. Work under any such permit shall be completed within one (1) year of the date of approval thereof.

C. All persons connected with the actual work under such permit shall be duly covered by liability and workmens' compensation insurance and the state, county and town shall be held harmless on account thereof by the applicant for such permit.

D. A performance bond shall be required in an amount to be determined by multiplying the cost per foot of the improvement which is the subject of the permit, as deter--mined by the town engineer, by the lineal footage for each utility or roadway covered by such permit. Such bond shall be for the full sum necessary to complete the project in the event the person applying for the permit fails to do so.

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

No one spoke:

OPPONENTS

1. Richard Doll, 30 Quail Run - as a developer in the Town and as a representative of Developers Council of Niagara Frontier Builders Association - opposed to number "D" of the proposed ordinance.

2. M. Winnert, 6616 Milestrip Road - opposed to number "D" of the proposed ordinance.

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

RESOLVED that the Public Hearing in the matter of the adoption of an amendment to the Zoning. Ordinances of the Town of Orchard Park which amendment provides as follows:

Any person who applies for a permit pursuant to the construction specifications of the Town of Orchard Park shall comply with the following: .

D. A performance bond shall be required in an amount to be determined by multiplying . the cost per foot of the improvement' which is the subject of the permit, as determined by the town engineer, by the lineal footage for each utility or roadway covered by such permit. Such bond shall be for the full sum necessary to complete the project in the event the person applying for the permit fails to do so.

be and is hereby closed. at 9:09 P.M. EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

A discussion of the proposed Ordinance, especially number "D" followed. The Town Engineer reviewed the reasons for the decision to present a public hearing in the matters. . contained in this proposed Ordinance. For many reasons related to this review, the Town Engineer stated he is not in favor of this amendment to the Zoning Ordinance He suggested more research and study be made to present a more workable Ordinance at a later date.

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

WHEREAS, following due and timely notice, a public hearing relating to the matter of an adoption of an amendment to the Zoning Ordinances of the Town of Orchard Park which amendment provides as follows:

Any person who applies for a permit pursuant to the construction specifications of the Town of Orchard Park shall comply with the following:

A. He shall obey the laws of the State of New York, the ordinances or the Town of Orchard. Park and the regulations of the various departments of the Town of Orchard Park and State of New York and he shall notify the town engineer 48 hours in advance of commencing any work under such a permit.

B. Work under any such permit shall be started within sixty (6o) days of the date of . approval. thereof. Work under any such permit shall be completed within one (1) year of the date of approval thereof

D. A performance bond shall be required in an amount to be determined by multiply the cost per foot of the improvement which is the subject of the permit, as determined by the town engineer, by the lineal footage for each utility or roadway covered by such permit. Such bond shall be for the full sum necessary to complete the project in the event the person applying for the permit fails to do so.

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 21st day of January, 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-m of the General Municipal Law was received and filed with the Town Board

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby' opposed to the adoption of an amendment

to the Zoning Ordinances of the Town of Orchard Park which amendment provides as follows:

Any person who applies for a permit pursuant to the construction specifications o Town of Orchard Park shall comply with the following:

A. He shall obey the-laws of the State of New York, the ordinances of the Town of Orchard Park and the regulations of the various departments of the Town of Orchard Park and State of New York and he shall notify the town engineer 48 hours in advance of commencing any work under such a permit.

B. Work under any such permit shall be started within sixty (6o) days of the date of approval thereof. Work under any such permit shall be completed within one (1) year of the date of approval thereof.

C. All persons connected with the actual work under such permit shall 'be duly covered by liability and workmens' compensation insurance and the state, county and, town shall be held harmless on account thereof by the applicant for such permit.

D. A performance bond shall be required in an amount to be determined by multiplying the cost per foot of the improvement which is the subject of the permit, as determined by the town engineer, by the lineal footage for each utility or roadway covered by such permit. Such bond shall be for the full sum necessary to complete the project in the event the person applying for the permit fails to do so.

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 Town Clerk's Annual Report for 1980 as entered on the Agenda.