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 1st day of July, 1981 at 8:00 P.M. EDT 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

Leonard Berkowitz Deputy 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 PENNY, WHO MOVED ITS

ADOPTION, SECONDED BY COUNCILMAN CURLEY TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on June 3rd and June 17th, 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.

1) 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 the Orchard Park Chamber of Commerce to hold an Ice Cream Social on the lawn of the Jolls property and on the Municipal Building lawn on Saturday, July 25, 1981 from 11:00a.m. to 3:00p.m. during the scheduled Quaker Days in the Town of Orchard Park, This Social will be sponsored by Tom Alico from the Sweet 'N Sandwich Shoppe.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

2) 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 the Orchard Park Chamber of Commerce to hold a Community Square Dance in the parking lot at the rear of the Jolls property on Friday evening, July 24, 1981 from 7:30 P.M. to 10:00 P.M., and be it further

RESOLVED the Highway Superintendent be and is hereby directed to block off the entrance to this parking lot for this function.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

3) 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 refer to the Planning Board and the Conservation Board the request from MA CO Supply Corp., Benzing Road for a Building Permit and C/O.

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 schedule a Special Town Board Meeting on July 22, 1981 at 7:00 P.M. EDT, and be it further

RESOLVED that the Town Clerk be and is hereby directed to prepare an Agenda and to notify the Official Town Paper of the meeting.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

5) 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 schedule a Public Hearing on July 2, 1981 at 7:15 P.M. EDT in the matter of O.P.I.P., Big Tree Road to rezone property from R3 to I1, and be it further

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

RESOLVED that the request to rezone property from R3 to I1 be and is hereby referred to the Planning Board and the Conservation Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

6) 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 refer to the Planning Board and the Conservation Board the request from Stadium Industrial Park, California Road to rezone property on the West side of California Road from R4 to I1.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

7) 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 following

transfer of $15,800.00:

From Contingent Account A1990.480 to Contracted Repair and Maintenance A1620.446

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8) 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 approve the following appointments to the Recreation Summer Staff as recommended by the Recreation Director:

NAME ADDRESS CATEGORY RATE HRS/WK

Gerry Floriano 6291 Armor Road Theatre Aide $2.48 30

Kathy Swartz 22 Cambridge Court Swim Lifegd. (Middle & Gr. Lake) 3.03 30

Tom Callahan 4017 N. Freeman Road Early Bird/Family Swim 3.85 5

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, an attempted holdup of a Tavern in Orchard Park's North side took place this past week, and

WHEREAS, thru the united efforts of the Police Officers of the Town of Orchard Park, two suspects were in custody, one with a bullet hole in his leg, in less than ten minutes after the attempted holdup

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to publicly commend the Orchard Park Police Department for the superb team work shown during this call to duty, and be it further

RESOLVED that the Supervisor be and is hereby directed to prepare Certificates of Merit for each participating Officer's personnel file.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

10)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 appointment of John Nagurney, Esq., 12 Quaker Lake Terrace to the Planning Board to fill the unexpired term of William Schueler who resigned and whose term expires 12/31/85.

Before the vote was taken, Councilman Penny Tabled the motion.

A discussion by the Town Board re: Parliamentary Procedure for Tabling an item followed. The Supervisor requested the Deputy Town Attorney to review Roberts Rules of Parliamentary Procedures and to report back re: Tabling of an item.

Councilman Penny reported on research by the Building Inspector re: consideration of required Drilling Permits for gas well drilling. The Town of Aurora has recently adopted. regulations for gas well drilling and Councilman Penny requested the Deputy Town Attorney to obtain a copy of these for review by the Orchard Park Town Board.

Councilman Mill reported on his concern re: a newspaper article reflecting an amount of tax monies paid by Frazer Harlake. The actual amount the Town shall receive is 50% of that figure the first year and it shall escalate 5% each year for 10 years.

11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION:

WHEREAS, there is a vacancy as Foreman of Parks and Grounds in the Town of Orchard Park, and

WHEREAS, the Town Board did pass a resolution directing the Supervisor to advertise for applications from qualified candidates for this position, and

WHEREAS, a person in the Department of Parks and Grounds has assumed the roll temporarily as Foreman of Parks and Grounds, and

WHEREAS, this person was interviewed by the Town Board this past week is qualified for and interested in being appointed to this position, and

WHEREAS, I feel very strongly that this Board, wherever possible, should promote within the department, and

WHEREAS, this particular position would mean moving a man already in the department into the position of Foreman, thus reducing the size of the department, which is something this Board has wanted to do for some time, and

WHEREAS, because of a reduced staff, the Town Board would be able to hire seasonal help for the summer, with a reduced staff for the winter season

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to appoint William Westfield, 6077 Taylor Road as Foreman of Parks and Grounds for the remainder of the year 1981.

A discussion of the appointment procedure for this position was held by members of the Town Board and the resolution failed to receive a second.

12) 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 go on record in opposition to the proposed re-formalizing of Sales Taxes by the County Legislature from the Towns and Villages in Erie County to the Cities of Buffalo, Lackawanna and Tonawanda, and be' it further

RESOLVED that the Town Clerk be and is hereby directed to send a certified copy of this resolution to Robert Meier, 20th District Legislator.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

13) 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 schedule a Public Hearing on September 2, 1981 at 8:15 P.M. EDT in the matter of Proposed Local Law #3 - 1981, Permits for Construction of Public Improvements, 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 Orchard Park Library 10th Anniversary festivities to be held July 12, 1981 at the Library.

Highway Superintendent Ron Geitter reported on the impact the loss of Sales Tax would have on the Town of Orchard Park if we must take over the maintenance of County roads in our area as proposed by the State and County.

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 renewal of Excavation/Gravel Permit #2-1981, Henry Warning (Olivieri), 6961 Milestrip Road as re-commended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

15) 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 approve the renewal of Excavation/Gravel Permit #3-1981, Arthur Maul & Son, 6885 Powers Road located on the Mintz property at 5375 Baker Road as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) 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 renewal of Excavation/Gravel Permit #1-1981, Arthur A. Rauch for the proposed Highland Acres Subdivision with stipulations as recommended by the Town Engineer.

E. B. Woodard Aye

J. J. Diggins Aye

R. P. Penny Aye

D. J. Mill Nay

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

17) 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 schedule a Bid Opening on July 21, 1981 at 10:00 A.M. EDT for the extension of a water line and fire hydrant installation on Velore Avenue and a water interconnect within Water District #3 on Lake-view Avenue, and be it further

RESOLVED that this project shall be funded under the Community Development Program, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof in the Suburban Press and in the Buffalo Challenger.

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 schedule a Bid Opening on July 21, 1981 at 10:15 A.M. EDT for the construction of two (2) Tennis Courts with en-closure fencing located at the Burmon Road Playground, and be it further

RESOLVED that this project shall be funded under the Community Development Program, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof in the Suburban Press and in the Buffalo Challenger.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Diggins reported on problems at Yates Park re: boats and rafts on the lake. He reviewed an updated Boat Permit to become effect immediately and requested parents of children under the age of 18 who use boats and or rafts to instruct the children of all safety rules, especially the necessity to wear life preservers at all times while on the lake.

19) 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 #11 and the End of Month Warrant for June 1981 following auditing by members of the Town Board and in the funds indicated:

WARRANT #11 END OF MONTH

GENERAL FUND $60,017.25 $41,193.33

PART TOWN FUND 129.15 2,068.94

SPECIAL DISTRICTS 1,527.38 4,462.09

HIGHWAY FUND 25,502.25 15,260.08

TRUST & AGENCY FUND 27,476.48 -

FEDERAL REVENUE SHARING 15,482.60 2,046.02

CAPITAL FUND Sewer Dist. #18 20,000.00 -

CAPITAL FUND Various 7,046.84 -

N.P.P. Escrow Acct. 450.00 -

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

20) 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. Letter form Ronald Geitter, Highway Superintendent re: Consolidation of Departments.

2. E.C. Legislature - Copy of approved resolution of Eden Agricultural Districts, Eight year review,

3. National Fuel - Copy of Letter to N.Y.S. Dept. of Public Service re: Prohibition on the Sale and Direct Industrial Use of Natural Gas for outdoor lighting.

4. N.Y.S. Dept. of State - Copy of original authentication of the 1980 Census Report.