Reg. Mtg. #5 - Mtg. #7

E. B. Woodard Supervisor

J. J. Diggins Councilman

R. P. Penny Councilman

D. J. Mill, Councilman

D. P. Curly 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

ABSENT:

M. R. Merritt Town Engineer - Excused

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

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on February 4, 1981 and February 18, 1981, as presented by the Town Clerk, be and are hereby approved, and be it further

RESOLVE) 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 - Approve renewal Stable Permit #4-1981, F.C. Ressel, 5980 Armor Road.

1) 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 Stable Permit #4-1981 renewal for F.C. Ressel, 5980 Armor Rd. as recommended by the Building Inspector.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Lancaster Homes Inc. Chestnut Ridge Rd. Rezone from PUD to R3 & Commercial

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

WHEREAS, the petitioner attended a joint work session of the Town Board and Planning Board and thoroughly discussed their intention to file a petition for rezoning, and

WHEREAS, after much discussion, the petitioner was in agreement to apply for an R-3 rezoning with an option to look at other flexibility use of land thru clustering be-cause of area problems, and

WHEREAS, at a previous Planning Board meeting a decision was made that if this PUD zoning was to be considered for an R zone it must be R-2 or R-3, and

WHEREAS, Lancaster Homes has petitions to rezone PUD to R-3 and Commercial which is not consistent with R-3 zoning and with decision made at the' joint work session, and

WHEREAS, a Commercial zone in an R-3 zone would be "spot zoning"

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and the Environmental Conservation Advisory Council the petition from Lancaster Homes Inc., Chestnut Ridge Road, for rezoning from PUD to R-3 exclusive of Commercial

zone, and be it further

RESOLVED that the Town Clerk be and is hereby directed to notify the petitioner by letter of the Town Board's decision to refer their petition to the Planning Board and to include a certified copy of this resolution for their review.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Award Bid for Water Dist. #19 Water Line Extension South Freeman Rd

3) 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 award the bid for Water District #19 Water Line Extension to Wagner Excavating Inc., 930 Center Road, West Seneca, New York in an amount not to exceed $89,194.00, they being the lowest responsible bidder thereof and as recommended by the Town Engineer pending approval from the D. E. C.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1- E.C. Planning - Request for resolution re: Eden-Boston Agriculture Dist.

4) 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 table the request from the Erie County Planning for a resolution re: Eden-Boston Agriculture Districts.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - A. Druzbik - Krafft Printing Lake Ave., Special Exception Use, Home

5) 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 refer to the Planning Board and the Environmental Conservation Advisory Council the request from Anthony Druzbik - Krafft Printing Service, 5420 Lake Ave. for a Special Exception Use-Home Occupation in an R-3 zone.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Penny, filed with the Town Board the Annual Report and the Financial Report from the Association of Towns Meeting at New York City and reviewed many of the important issues relative to our Town discussed at the Conference.

6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, 'ID WIT:

WHEREAS, in the past the Association of Towns, which represents all the Towns in New York State, has prepared resolutions pertinent to New York State Town Governments and referred them to the New York Legislature, and

WHEREAS, the actions taken by the Legislature on behalf of some of these proposals, which directly effect town government operations, have not been favorable, and

WHEREAS, the Association of Towns has referred to the New York Legislature 16 items this year requesting their support, and

WHEREAS, members of the Legislature indicated they have not received letters in sup-port of these issues referred to them by the Association in the past, and

WHEREAS, a copy of all proposals made in 1980 by the Association was sent to our area Representatives in Albany by the Town Board of the Town of Orchard Park requesting their support of the proposals

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Town Clerk to send each month 2 of the 16 proposals to our area representatives in Albany made by the Association of Towns for 1981 requesting their support of the proposals and notification to the Town Board of Orchard Park the status of action they shall be taking on these proposals.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Mill requested information as to the disposition of the light problem on Regalwood Drive. Councilman Penny stated the light has been shaded and if it is not satisfactory to the wishes of the residents of the area involved, the New York State Electric & Gas Corp. will remove the light as requested in Resolution #7 of December 17th, 1980

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, 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, certain easements to complete the above captioned project must be acquired through the power of Eminent Domain, and

WHEREAS, the Town of Orchard Park has determined that the acquisition of such easements is de minimus in nature so that the public interest will not be prejudiced by the construction of the project

NOW THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Deputy Town Attorney to incur the following additional expenses to complete the acquisition of the various easements as authorized in the resolution dated October 1, 1980:

A. The sum of $68.00 for reproduction of various maps;

B. The sum of $200.00 for various filing and court fees.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED,

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

WHEREAS, Reginal W. Owens, A.I.C.P., Development, Analysis & Planning Associates, Ltd. has proposed to schedule a 1981 Spring Solicitation Seminar in Toronto, Canada on May 1st, 1981 at the Sutton Hotel, 955 Bay Street from 2 - 6 P.M., and

WHEREAS, this seminar is being sponsored by several area groups to offer interested Canadian Corporations an opportunity to investigate the locational advantages of Orchard Park, and

WHEREAS, the cost allocation of this seminar to the Joint Economic Development Committee has been designated as $750.00, and

WHEREAS, this seminar shall be beneficial to residents of Orchard Park

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the expenditure

of an amount not to exceed $750.00 to support the proposed seminar in Toronto. Funding shall be from the Publicity Account, and be it further

RESOLVED that if the proposed seminar is not held as planned, the approval for this expenditure of $750.00 shall be rescinded.

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.

Councilman Mill reported that Global Cable TV of Orchard Park will start installation of cable in Orchard Park on Friday or Monday pending final approval from New York State Electric & Gas Corp. and New York Telephone Co.. Phase 1 and Phase 2 will complete most: of the Village area of Orchard Park..

Councilman Curley reported on the Amendment to the Zoning Ordinance re: Bond required by builders for Public Improvement Permits. The Town Board will attempt to schedule a work session with area developers and insurance representatives to draw an amendment which will be beneficial to all people involved, including the Town of Orchard Park.

9) 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 request of the Building Inspector to attend the Annual Building Officials School sponsored by the Finger Lakes Building Officials Association on April 27, 28, 29, 1981 at Town expense.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

The Highway Superintendent reported on 1) the escalating costs of road materials and 2) Work to begin shortly on the parking lot behind the Jells Property.

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

WHEREAS, the Highway Superintendent is very concerned about the large amount of litter along the roadways in Orchard Park, and

WHEREAS, the cost of cleanup to keep our Town free from litter is becoming a burden on the Town financially,

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Highway Superintendent to purchase and erect "No Litter" Signs within the Town of Orchard Park. This expense shall be funded from the Traffic Sign Account.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

11) 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 the following communication as entered on the Agenda:

1. Representative Jack Kemp - Re: Revenue Procedure 80-55

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12) 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 receive and file all re-ports as entered on the Agenda:

1. Building Inspectors Report and Building Permits for February 1981

2. Annual Financial Report of the Town of Orchard Park

3. Annual Financial Report for Joint Water Dist. #6

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

Charles Flessel, 5437 Berg Road - Requested 1) the Lighting Committee to investigate the placing of lights at the intersection of side streets into the north side of Lake Avenue and 2) Reported that sewer installation on Bielak Road has caused the road to heave.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:00 P.M. EST.

Respectfully submitted,

Betty K. Reukauf Town Clerk