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 20th day of May, 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

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 – Vacation

 

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

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on May 6,1981, 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.

 

At this time the Supervisor recognized Mrs. Miriam Radder, President of the Orchard Park Jayncees.

Mrs. Radder announced that the Orchard Park Jayncees had a most profitable year, 1980-1981. The Orchard Park Chapter of Jayncees received many awards at the State year-end election meeting held at the Hilton Hotel, Buffalo, New York. The Orchard Park Chapter won 1) the Anderson Award as the outstanding Chapter of Jayncees in New York State and 2) first in the population Division and Parade of Chapters which is decided on the accounting of points accumulated during the year.

Mrs. Radder introduced Beverly Leek,, who was named the Outstanding Jayncee in New York State and who also won the Claire Jordano award for her service to the Jaycees and Jayncees Chapter as a liaison person between both Chapters.

Renee Leek won the "Spoke at" competition which is for 1st year Jayncees and is awarded for accomplishments during the year plus an oral competition of questions. Winning this award at State level, Renee shall be qualified to compete at the National Level in San Antonio, Texas the week of June 25th, 1981.

Supervisor Woodard presented a Certificate of Award to each of the above from the Town of Orchard Park, thanked them for all the hard work put forth to accomplish winning these awards and. bringing these awards to Orchard Park, wished the Chapter well in their future en­deavors and wished Renee good luck in her National Competition.

 

Old Business #1 - White Arrow Service Station, Schedule Public Hearing, Special Exception Use

 

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 schedule a Public Hearing on June 17, 1981 at 8:15 P.M. EDT in the matter of a Special Exception Use in a B1 zone for a self service fueling facility as petitioned by White Arrow Service Stations, Inc., 3388 Southwestern Blvd. and as recommended by the Planning Board 5/13/81.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED,

 

Old Business #2 - Aurora Industrial Sales, Inc. , Benzing Rd., Bldg. Permit for addition.

 

2)       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 Aurora Industrial Sales Inc., 3380 Benzing Road for a Building Permit for proposed addition to existing facility as recommended by the Planning Board 5/13/81.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #3 - Boncraft. Inc., 4222 S. Taylor Rd. - Building Permit.

 

3)       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 request from Boncraft Inc., 4222 S. Taylor Road for a Building Permit as recommended by the Plan­ning Board with stipulation 5/13/81.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #4 - Peter J. Schmitt Co., Orchard Park Plaza - Design Concept of sign.

 

4)       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 Peter J. Schmitt Co., Orchard Park Plaza, N. Buffalo Road for Design Concept of sign-age as recommended by the Planning Board, and be it further

RESOLVED that the Design Concept of signage be referred to the Zoning Board of Appeals for variance, as recommended by the Planning Board 5/13/81.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #5 - J. Lewandowski, Big Tree Rd. -      Schedule Public Hearing, Special Exception Use

5)       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 schedule a Public Hearing in the matter of a Special Exception Use in a R3 zone to operate a furniture and re-finishing Home Occupation on June 17, 1981 at 8:30 P.M. EDT as requested by Jerold Lewandowski 5457 Big Tree Road and as recommended by the Planning Board 5/13/81.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - Eastwood Assoc. Chestnut Ride Rd.- New Bldg. Permit   for Medical Center.

6)       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 refer to the Planning Board and Environmental Conservation Council the request from Eastwood Associates, 5283 Chest-nut Ridge Road for a new Building Permit for a Medical Center. Special Exception Use was granted by the Town Board on 5/144/74. The Building Permit expired 2/12/76.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Munchy's Restaurant, 3838 Southwestern Blvd. - Bldg. Permit for addition.

7)       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 Environmental Conservation Advisory Council the request from Munchey's Restaurant, 3838 Southwestern Blvd., for a Building Permit for addition for kitchen/storage/prepar­ation space.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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 following transfers :

from Federal Revenue Sharing Unappropriated Fund Balance (CF-599) $120,000.00

to    CF-8541.4K0 Townwide drainage improvements to cover the Northwest Drainage Project and other small drainage projects in the Town of Orchard Park.

 

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, all legal proceedings have been completed for borrowing in the Water District #19 project, and

 

WHEREAS, contractor's bills have been submitted and approved for this project, and

 

WHEREAS, the current borrowing climate is unfavorable

NOW. THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve a temporary inter-fund loan from the General Fund (A 391) to the Capital Fund Water District #19 project of $100,000.00, which loan shall be repaid upon the formal borrowing by W.D.#19.

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard stated he had received a communication from the United States Post Office stating they are interested in purchasing property in Orchard Park for the ex­pansion of the Orchard Park Post Office in the near future, A letter has been forwarded to the United States Post Office notifying them of the Town's interest in acquiring the Post Office property adjoining the Town Hall when and if it becomes available.

 

PUBLIC HEARING

 

At 8:15 P.M. EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of proposed changes to the 1978-1979 Community Development (CD) Program as follows:

Project Title: Southwestern Economic Development Waterline Project.

Project Description: Community Development Funds will be used to carry out the following: Interconnect and install a new waterline, to provide improvements to service and fire protection in portions of Water District No. 4,8, and 17.

Project Location: Webster Road at Southwestern Blvd., also the north side of Southwestern Blvd. between Milestrip Road and Lake Avenue.

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

 

Bill Jonas, Vice-President of Western N.Y. Management. A letter from the Orchard. Park Fire Commissioners.

 

OPPONENTS

 

No one spoke.

 

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

RESOLVED that the Public Hearing in the matter of the adoption of proposed changes to the 1978-1979 Community Development (CD). Program be and is hereby closed at 8:19 P .M. E.D.T.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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 adopt the proposed changes to the 19781979 Community Development (CD) Program as follows:

Project Title: Southwestern Economic Development Waterline Project:

Project Description: Community Development Funds will be used to carry out the followings.

Interconnect and install a new waterline, to provide improvements to service and fire protection in portions of Water District No. 4,8, and 17.

Project Location: Webster Road at Southwestern Blvd., also the north side of Southwestern Blvd. between Milestrip Road and Lake Avenue.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Councilman Diggins welcomed students from the Local Government Class at the Orchard Park High School to the meeting and requested that they register on a "sign in" sheet to qualify for credit in the class.

12)       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 New York State Electric & Gas Corp. to install the following street lighting as recommended by the light­ing Committee:

1 7000 Lumen Fixture - Pole 1824-6, Powers Rd. opposite entrance to Medical Center

1 3500 Lumen - Pole 1816-1, far corner of new parking lot behind the Jolls property

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED,

 

Councilman Penny reported on 1) need for review of Recreation Fee requirements. The fees should be modified so the fee schedule shall be consistent with the intent of that pro-vision - where land is not appropriated - monies collected shall be suitable to support other recreation facilities in the Town. The following is a suggested fee schedule:

R3 & R4 areas - $150.00 R2 areas - $225.00

RI areas - $300.00

 

The present fee is $100.00 across the board. The Planning Board is requested to review the Recreation Fee requirements and also review this fee schedule as it applies to the gross land areas, 2) requested the Building Inspector to review and prepare a list of the de­signated recreation lands and or green areas designated in undeveloped subdivisions in the Town of Orchard Park for review by the Town Board, 3) thanked the Town Clerk for send­ing 2 resolution per month from a list of resolution adopted by the Association of Towns in February 1981 to our Albany Representatives requesting their support in these matters and 4) requested information on the drainage problem in back of the Holmes property on Freeman Road. The Town Engineer stated work has been done to alleviate the problem.

Councilman Mill requested information re: the Environmental Conservation Advisory Council's review of the feasibility of retaining a registered Landscape Architect to inspect the areas after building has been completed. Frank Newton, member of the Council, stated the Council is in favor of such proposal but are still researching the cost and who shall be responsible to pay the costs for such architect.

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

WHEREAS, it is necessary and important that a procedure is adopted to allow the Town to proceed smoothly in final approval of Subdivisions, and

WHERE before the whole town was zoned by the Master. Plan, the subdivider did not receive final zoning approval until his plans were finally approved and with that vehicle the final decisions came back to the Town Board, where responsibility for final approval should be, for approval of the final zoning, and

WHEREAS, since the Master Plan was adopted, that loop in the system which kept everyone well informed (the Town Board knew what the Planning Board intended and the Town Board

was able to make input prior to the final approval of subdivision plans) was eleminated, and

WHEREAS, it is necessary to research the feasibility of changing the procedure in the ordinance so that final subdivision approval does in fact rest with the Town Board and that the Planning Board shall make all of its recommendations for final approval as it presently does, and

WHEREAS, this change will re-establish the checks and balances necessary to; place the responsibility where it belongs, with the Town Board, all elected officials,

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to prepare a resolution changing the procedure in the ordinance to allow final subdivision approval be made by the Town Board and that the Planning Board make all its recommenda­tions for final approval as it presently does, and be it further

RESOLVED that this resolution be submitted to the Town Board and Planning Board for dis­cussion and review.

E. B. Woodard     Aye

J. J. Diggins     Nay

R. P. Penny       Aye

D. J. Mill        Aye

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

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

WHEREAS, Local Law No. 1 of the year 1971, established the Conservation Advisory Council, and

WHEREAS, the Conservation Advisory Council has prepared and submitted to the Orchard Park Town Board the conservation open area inventory and map, and

WHEREAS, such conservation open area inventory map has been accepted and approved by the Orchard Park Town Board as the open space index of the municipality

NOW, THERE ORE, be it

RESOLVED that the Town Board be and is hereby authorized to redesignate

1.       The Conservation Advisory Council as a Conservation Board.

2.       Such Conservation Board shall:

a.    Review each application received by the Orchard Park Town Board or by the Build­ing Department, Zoning Board, Planning Board, Board of Appeals or other adminis­trative body, which seeks approval for the use or development of any open area listed in the open space index. The Conservation Board shall submit a written re-port to the referral body within forty-five days of receipt of such application. Such report shall evaluate the proposed use or development of the open area in terms of the open area planning objectives of the municipality and shall include the effect of such use or development of the open area and may include preferable alternative use proposals consistent with open areas conservation. A copy of every report shall be filed with the Orchard Park Town Board;

b.    Make available for public inspection at the office of the Conservation Board copies of all such reports of the Conservation Board;

c.    Notify the Department of Environmental Conservation of its creation within thirty days of the resolution of the Orchard Park Town Board;

d.    Perform any duties assigned to it by resolution of the Orchard Park Town Board;

e.    Exercise any of the functions and responsibilities heretofore granted to the Con­servation Advisory Council;

f.    Request the assistance of the Department of Environmental Conservation in the preparation of any report should the Conservation Board determine that such assistance is necessary.

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 Curley reported on 1) meeting of the Town Board with the Library Board. The Library Board will be celebrating their 10th Anniversary on Sunday July 12, 1981 with an Open House, 2) a meeting to be held by the Lighting Committee and John Henning from New York State Electric & Gas Corp. to discuss mutual problems and 3) congratulated the Jayncees far winning so many awards at the State level.

15)       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 direct the Town Attorney to work with the Joint Economic Development Committee in the formation of a Local Dev­elopment Corp. (LDC), and be it further

RESOLVED that the Town Attorney shall report to the Town Board before any definitive steps are taken to incorporate such a body.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

WHEREAS, the Town Board did enter into an agreement with M. J. Peterson Co. to share on a 50-50 basis the costs for remedial work including the Bittersweet Ditch in the Doll Sub-division in an amount not to exceed $3,500.00 as the Town's share of the project, and

WHEREAS, as the work on this project progressed, it increased in scope and the final total cost of the project was $8,626.00, and

WHEREAS, the Town's share of $3,500.00 has been paid

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to appropriate monies from the drainage fund in an amount not to exceed Eight hundred thirteen ($813.00) Dollars as the Town's share of the increase in cost of the project, and be it further

RESOLVED that the Town Engineer be and is hereby directed to contact area residents re-questing their acceptance of the completed project.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

17)       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- approve all entries on Warrant #8 following auditing by members of the Town Board and in the funds indicated:

WARRANT #8

GENERAL FUND                       $81,464.32

PART TOWN FUND                       2,431.53

SPECIAL DISTRICTS                   12,009.61

HIGHWAY FUND                        27,840.50

TRUST & AGENCY FUND                 16,510.00

FEDERAL REVENUE SHARING              7,095.88

CAPITAL FUND various                42,001.96

FEDERAL HUD COMMUNITY DEV.           6,400.00

N.P.P. ESCROW ACCT.                  1,458.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

RESOLVED that the Town Board be and is hereby authorized to receive and file all communications as entered on the Agenda:

1.       Senator Raymond F. Gallagher - receipt of RESOLUTION #5 & *6 Association of Towns Conference 1981.

2.       N.Y.S. Electric & Gas Corp. - Installation & removal of street lighting authorized. by resolution at meeting 12/3/80.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

BUSINESS FROM THE FLOOR

Joseph Ippolito. Quaker Towne Apts. re: large increase of sewer taxes.

Frank Newton - Thanked the Board for their consideration in establishing the Conservation Board.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:10 P.M. EDT with a moment of silent prayer in memory of William (Bud) Day.:. Parks & Grounds Supervisor, who died suddenly on May 18, 1981. The residents of the Town of Orchard Park shall miss Bud as he was a very "special person" who spent his time helping others in many organizations and was a very conscientious and diligent worker for the Town of Orchard Park. All who knew Bud as a friend and or co-worker feel fortunate to have had their lives touched by his friendship.

Respectfully submitted,

Betty K. Reukauf

Town Clerk