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 4th day of November, 1981 at 8:00 P.M. E.S.T. 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
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 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 October 21,1981, 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.
New Business #1 - Town of Hamburg, Resolution re: N.Y. Telephone toll charges.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS, New York Telephone has requested the Public Service Commission to grant a toll charge for calls made beyond eight (8) miles, and
WHEREAS, it would be a toll call to call from one end of the county to the other and to call most county agencies
NOW, THEREFORE, be it
RESOLVED that the Orchard Park Town Board go on record opposing this rate increase, and that the Town Clerk send a copy of this resolution to the Public Service Commission and the County Legislature, for their support.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED,
New Business #2 - Appoint Thomas McGinty as Youth Bureau Director, Part-time.
2) 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 the appointment of Thomas McGinty, 43 Lakewood Drive, Orchard Park as Youth Board Director - Part-time at the salary as provided in the budget for the remainder of the year 1981 starting November 9, 1981, as recommended by the Youth Board.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - Town of Hamburg, Resolution re: Assessment Litigation.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS, the Town Board has scheduled a meeting with Town Assessor Arlen on November 11, 1981
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to receive and file the re-quest from the Town of Hamburg for a concurring resolution re: litigation pending re: assessments on certain properties within the towns.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 - Town of Boston, collection of unpaid water bills.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
WHEREAS, Section 198 of the Town Law provides that unpaid water tax amounts shall be a lien upon real property upon which or in connection with which the water was used, and
WHEREAS, Water District #17 water line of Orchard Park in the Town of Boston, Erie County, New York, has, pursuant to its agreement reimbursed the Town of Orchard Park the amounts shown on Schedule A, below, ' for said unpaid water tax amounts, and said charges are now outstanding,
NOW, THEREFORE, be it
RESOLVED that the unpaid water tax amount as itemized on "Schedule Al*. below be made a part of these minutes and they be assessed against the respective properties as shown thereon and that the respective amounts be levied and collected with the 1982 taxes upon each respective parcel of real property in the Town of Boston and when collected the said sum shall be paid to said Water District #17, Town of Orchard Park:
"Schedule A"
Name Address Amount of Levy
Robert Warner 6024 Herman Hill Rd., $333.38
Orchard Park, New York 14127
Patrick Kaefe 6159 Ward Rd., $ 86.81
Orchard Park, New York 14127
THE RESOLUTION WAS UNANIMOUSLY. 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 following transfer:
From Contingency Account $1,000.00 to Grant Consultant (Stuart I. Brown Associates) and be it further
RESOLVED that the Town Board be and is hereby authorized to schedule a meeting with. Stuart I. Brown to review the report as filed. with the Town Board by the Consultant
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 direct the Town Clerk to make the necessary reservations for the Association of Towns Conference in New York City, February 14-17, 1982.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Penny requested the Building Inspector to prepare a comparison review of Recreation Land Fees of the surrounding towns with the Town of Orchard Park's present fees for review and to update and amend our fee schedule at the. December 2, 1981 Town Board meeting.
7) 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 following appointments to the Recreational Staff for the Fall/Winter/Spring Recreation Program as recommended by the Deputy Recreation Director:
Nancy Kirkner 16 Bender Dr., Gymnastics, Ass`t Dir. $5.00/hr. 3hrs/wk.
Margaret Spahn 2765 Southwestern Blvd. Swimming Substitute $3.00/hr.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Curley 1) complimented the Orchard Park Police Department for a superb job done evacuating over 1,000 people during the recent B & 0 Railroad derailment which carried hazardous materials. He requested Chief Robert Henning to convey this message to his staff on behalf of the residents of the Town of Orchard Park and surrounding Towns, and 2) reminded the Town Board of the seminar to be held in Buffalo on November 11, 19814 on the newly enacted New York State Uniform Fire Prevention and Building Code. Supervisor Woodard requested the Chairman of the Ad Hoc Fire Code Committee to attend.
Town Attorney Raymond McNamara reported he has received a letter from the Attorney for the _Great Escape Amusement Arcade in the Bells Plaza requesting the Board to hold in abeyance the enforcement of our Amusement Arcade Statute pending the determination of the Supreme Court of Buffalo on the constitutionality of the provisions of that law, which law is substantially copied from the one under court test at this time. A discussion was held by the Town Board and the Town Attorney in this matter.
8) 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 receive and file the letter from the Attorney for Great Escape Amusement Arcades,. and be it further
RESOLVED that a copy of this letter be forwarded to the Building Inspector.
E. B. Woodard Aye
J. J. Diggins Nay on advice of counsel
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Aye
THE RESOLUTION WAS DULY ADOPTED.
Highway Superintendent Ron Geitter reminded the public that the Chamber of Commerce annual Christmas Wreath making project will take place at the Highway Garage 11/15/81.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:
WHEREAS, contracts for the projects in the Town of Orchard Park were bid and awarded with specific completion dates, and
WHEREAS, the unusual amount of rain this summer and fall has hindered the work schedule of the contractors
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve the extension of the completion dates for the following projects as recommended by the Town Engineer:
1. Northwest Drainage
2. Velore Avenue Water Line
3. Burmon Playground Tennis Courts
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
WHEREAS, the State of New York, by contract, did resurface and pave Chestnut Ridge Road between Powers Road and Armor Road, and
WHEREAS, many calls have been received by the Town Engineer from area residents dissatisfied with the conditions of their driveway areas as a result of the work done by the contractor, and
WHEREAS, these complaints were referred to the State D.O.T. for review, and
WHEREAS, the State D.O.T. did in fact attempt to rectify these problems, and
WHEREAS, many problems are still unsolved, residents are very perturbed, and the United States Post Office is having problems delivering mail to the mail boxes, and
WHEREAS, the State of New York is ready to complete the contract with the contractor
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Town Engineer to contact the New York State D.O.T. on behalf of the residents of the Town of Orchard Park, advise them of the many problems existing on Chestnut Ridge Road and request that they review the problem area and correct all problems immediately.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
11) 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 Tarrant #19 and the End of Month Warrant for October 1981 following auditing by members of the Town Board and in the funds indicated:
WARRANT #19 END OF MONTH
MEDAL FUND $22,269.20 $40,353.85
PART TOWN FUND 983.91 2,081.44
SPECIAL DISTRICTS FUND 29,601.24 .6,101.35
HIGHWAY FUND 13,924.89 15,159.77
TRUST & AGENCY FUND 13,088.28 -
FEDERAL REVENUE SHARING FUND 11,437,40 1,760.92
DEBT SERVICE FUND 1,115.50 -
NPP ESCROW ACCOUNT - 1,451.00
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 the following Communications as entered on the Agenda:
1. U.S. Senator D. Patrick Moynihan - Bill S1709 - amendment to the Clean Air Act to pro-vide a program to control the causes of acid rain.
2. Dept. of State, Office of Fire Prevention and Control - invitation to attend. regional Seminar on newly enacted N.Y.S. Uniform Fire Prevention and Building Code 11/n/81 in Buffalo.
3. N.Y.S. Electric & Gas Corp. - Installation of lighting on Stepping Stone Lane and Reserve Road authorized by Resolution 6/3/81.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED,
13) 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 Town Meeting with residents for Assemblyman Richard L. Kennedy on January 30, 1982 at 10:00 A.M. to 12 Noon in the Orchard Park Town Hall.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:47 P.M. EST.
Respectfully submitted,
Betty K, Reukauf
Town Clerk