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 3rd day of June, 1981 at 8:00 P.M. EDT 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
M. R. Merritt Town Engineer
ABSENT:
R. P. Penny Councilman
R. C. Henning Police Chief
R. A. Geitter Supt. of Highways
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 DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on May 20 4981 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.
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 #1 - V. Giannii Ellicott Rd. - Special Exception Use, Gunsmith Shop in R3.
1) 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 refer to the Planning Board and the Conservation Board the request from Vincent Gianni, !f990 Ellicott Road for a Special Exception Use for a Gunsmith Shop Home Occupation in R3 zone.
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- J.E. Trautman Buffalo Oxygen Service N. Buffalo Rd. Change in Use.
2) 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 and the Conservation Board the request from Jacob E. Trautman/Buffalo Oxygen Service, Inc. 3560 N. Buffalo Road for a change in Use of existing building and C/O for new business.
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 - G. Higgins, Ward Rd. Boston - Out of the District Water Customer.
3) 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 from Cordon Higgins, 6993 Ward Road, Town of Boston to become an Out of the District Water Customer in the Town of Orchard Park pending receipt of approving resolution from the Town of Boston.
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 (not on Agenda) - T. Mclndoo S. Davis Rd. Colden; Game Room N. Buffaio Rd.
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 refer to the Planning Board and the Conservation Board the request from Thomas Mclndoo, 8114 S. Davis Rd., Colden, New York to open a game room at 3670 N. Buffalo Road, Orchard Park.
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.
5) 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 proposal from Main Hurdman & Cranston, 434 Delaware Ave, Buffalo, New York to provide Special Services for long Range Planning and or Town improvements in an amount not to exceed $4,400.00 to be funded from Financial Planning A - 1310.445.
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 Diggins reported on 1) possible conflict when residents request use of Yates Park during scheduled Town Recreation Programs 2) Traffic hazard on Powers Road at Mule Road. A small grade and blind area in area of landscape business causes a safety problem Request the Safety Committee to inspect area and 3) Stop Slip at South corner of California Road and Southwestern Blvd. is obscured by debris which should be cleared away.
Councilman Mill reported on 1) correspondence from the Conservation Board re: inspection of landscaping as installed prior to acceptance and release of Bond by Professional Landscape Architect and 2) requested the Town Engineer and the Town Highway Superintendent to inspect area of Angle and Milestrip Road re: drainage problem as reported by James Smith. The Engineer stated he is aware of the problem and has spoken to Mr. Smith.
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 the appointment of the following to the Town Recreation Staff for the Summer Program as recommended by the Re-creation Director:
NAME ADDRESS CATEGORY RATE HRS/WK
Eileen Sendelbach 10 Kathryn Dr. Day Camp Aide $2.48 30
Jennifer Casale 35 Briar Hill Swim Lifegd. (Middle & Gr.Lake) 3.03 30
Geoff Bray 37 Stoneybrook Dr. Baseball Aide 2.48 30
Greg Flick 5017 Ellicott Rd. Civic Bldg. Days) 3.85 20
Joe Hoch 18 Hazel Court Civic Bldg. (Evenings) 3.85 28
Janes Breen 4994 Murphy Rd. Swim Lifegd. Middle & Gr.Lake 3.03 30
John Clough 17 Wellington Ln. Swim Lifegd. Middle & Gr.Lake 3.03 30
Tammy Colley 4051 Sheldon Rd. Swim Lifegd. Middle & Gr.Lake 3.03 30
Becky Staebell 4218 N. Buffalo Rd. Band. Camp 3.85 4
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.
7) THE FOLLOWING RESOLUTION WAS. OFFERED BY COUNCILMAN MILL WHO MOVED ITS ADOPTION,. SECONDED BY COUNCILMAN DIGGINS TO WIT:
WHEREAS, a request has been received by the Town Beard. of the Town of Orchard Park to approve the legislation proposed on a referendum. scheduled for June 23, 1981, and
WHEREAS, court proceedings are pending, and
WHEREAS, a Countywide referendum has been scheduled. for. June 23, 1981, pending the decision of the court proceeding, and.
WHEREAS, the referendum 'proposes to reduce the County Legislature from 20 to 17 members, and
WHEREAS, costs to the County would be greatly reduced, and it would bring the legislative districts back into the areas with the number of people within these districts, as it was originally intended to do,
NOW THEREFORE be it
RESOLVED that the Town Board be and, is hereby authorized to notify the County Legislature of concern and approval of the proposed legislation to-reduce the Erie County Legislature from 20 to 17 members,
E. B. Woodard Aye
J. J. Diggins Aye
R, P. Penny Absent
D. J. Mill Aye
D. P. Curley Nay
THE RESOLUTION WAS DULY ADOPTED,
8) 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 street lighting proposal 5/15/81 from the New York State Electric & Gas Corp:
Lake Ave. - Install 1 - 7000 lumen mercury lamp @ $50.00 ea. $ 50.00
Bielak Dr. - Install 4 - 7000 lumen mercury lamps @ $50.00 ea. $200.00
(P-1, 3. 7, 13, L--2138)
Relocate the 7000 lumen mercury lamp on P-8 & P-14 to P-9 & P-15 for a one-time charge of $46.00.
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.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
WHEREAS, a petition signed by more than 70% of the members of the Nottingham Village Homeowners Association Inc. in favor of street lighting has been received and filed by the Town Board, and
WHEREAS, the New York State Electric & Gas Corp. has prepared a street lighting Proposal for Nottingham Village
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve the New York State Electric & Gas Corp. proposal of 6/30/80 for Nottingham Village which provides as follows:
Steppingstone Lane - 5
Revere Drive - 3
Install 7 - 3350 lumen post top mercury luminaires @ $42.24 ea $337.92 Install 7 - 15 ft. imbedded aluminum poles (12' mounting height) Install underground cable required to supply luminaires
Conductors and 15 ft. posts to be supplied, owned and maintained by the Town of Orchard Park
Luminaires, lamps, and controls to be supplied, owned, and maintained by the New York State Electric & Gas Corp.
Estimated Cost of Installation ( costs are for dirt digging) $7,581.15 Annual Operating Cost $ 337.92
and be it further
RESOLVED that the Town Assessor be and is hereby directed to prepare a cost study for the proposed lighting to formulate the cost to each homeowner for such lighting, and be it further
RESOLVED that the Town Assessor be and is hereby directed to place upon the Tax Rolls, after Lighting Installation has been completed, the cost of such lighting to each home-owner spread over two (2) years.
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.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
WHEREAS, William "Bud" Davis, Jr. worked closely with all offices of the Town Government and
WHEREAS, Bud supervised the Town Tree Planting Program of hundreds of trees to help beautify Orchard Park, and
WHEREAS, tree planting was one of Bud's favorite programs because of the lasting beauty trees bring to our town
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve the planting of a tree at Yates Park in memory of William "Bud" Davis, Jr.
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.
11) 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 Stephen Plisk, 22 Kathryn Drive, to the Engineer's Staff for the summer starting June 8, 1931 at the wage scale as provided in the budget.
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.
12) 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 #9 and the End of Month Warrant for May 1981 following auditing by members of the Town Board and in the funds indicated:
WARRANT #9 END OF MONTH
GENERAL FUND $22,508.07 $163,53270
PART TOWN FUND 196.04 2,981.44
SPECIAL DISTRICTS 632.01 479,093.29
HIGHWAY FUND 20,103.79 14,612.81
TRUST & AGENCY FUND 18,394.56 -
FEDERAL REVENUE SHARING 45.00 2,046.02
ORCHARD PARK/HAMBURG JOINT 500.00 -
WATER DISTRICT
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.
13) 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 receive and file all communications as entered on the agenda:
1. N.Y.S. Dept. Transportation - receipt of Town Board resolution 5/6/81 re: preference for grade separation over proposed Abbott Rd. reconstruction.
2. Copy of letter from Assemblyman Kennedy to Donald Ketchum, Regional Director N.Y.S. Dept. Transportation re: bridge over proposed Abbott Rd. reconstruction..
3. Copy of letter from Senator Gallagher to Donald Ketchum, Regional Director N.Y.S. Dept. Transportation re: bridge over proposed Abbott Rd. reconstruction.
4. Don Davis Pontiac - Honda re: Auto Dealers Sale at Rich Stadium June 10,11,12,13,1981.
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.
14) 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 receive & file the Building Permits and Building Inspector's Report for May 1981 as entered on the agenda.
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.
Business from the floor
James Riffel, 36 Hobby Lane.: Review Stonehenge Subdv. re: decision to make access thru Hobby Lane. He voiced his objections and gave many reasons why he felt this was not feasible.
Robert Mozgawa, 7389 E. Quaker St.
Both stated their objections to an access from William Camplin, 7637 E. Quaker St. Stonehenge Subdv. thru Hobby Lane.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:05 P.M. EDT.
Respectfully submitted,
Betty K. Reukauf
Town Clerk