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 18th day of November, 1981 at 8:00 P. EST 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

Frank Slotman     Deputy Building Inspector

R. A. Geitter     Supt. of Highways

M. R. Merritt     Town Engineer

 

ABSENT:

R. P. Penny       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 MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on the 4th day of November, 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.

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.

 

At this time Supervisor Woodard welcomed students Mary Jo Livingston from Daemen College and Kate Capriotto from Buffalo State College who, as part of their college curriculum were observing a Town Meeting.

New Business #1 - Green Arrow, Southwestern Blvd. and Orchard Park Rd.

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

WHEREAS, two weeks ago the New York State D.O.T. removed the green arrow from the North bound traffic light at Southwestern Blvd. and Orchard Park Road which permitted traffic to flow West into Lake Avenue and Southwestern Blvd., and

WHEREAS, the Town Board has received numerous complaints from the residents complaining of the hazardous conditions caused by this removal

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to send a letter to the New York State D.O.T. advising them of the complaints from the residents because of the removal of the green arrow and requesting a copy of their Engineering Report be sent to the Town Board and or the Orchard Park Chief of Police so they may be made aware of the reasons for the decision by the New York State D.O.T. to remove the arrow, and be it further

RESOLVED a copy of this letter be sent to our representative in Albany.

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 - Adoption of proposed amendment to Subdivision Regulations, Sec. D-26A

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 and adopt an amend­ment to the Code of Ordinances of the Town of Orchard Park as recommended. by the Deputy Town Attorney by adding the following to conform subdivision regulations with the State Law:

Section D-26A - Approval of Preliminary Plat.

Within forty-five (45) days after the receipt of such Preliminary Plat by the Clerk of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five (5) days before such hearing.

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.

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

WHEREAS, the Town of Orchard Park did: advertise for bids for the dredging of Green Lake, award the bid for the project and did, in fact, complete the contract with the contractor, and

WHEREAS, a S.S.#3 20" trunk line runs down the area of the lake, and

WHEREAS, part of the dredging would take place on, over and around this line, and

WHEREAS, the Town Engineer did send a letter to Erie County S.S.#3 suggesting they may desire to televise that trunk line so they could insure the line was in good condition before and after the construction, and

WHEREAS, Erie County S.S.#3 did televise this trunk line before and after construction, and

WHEREAS, this televising was done while S.S.#3 personnel was working during a normal work day, not on a Saturday, Sunday or Holiday and was not done as a special assignment, and

WHEREAS, the Taxpayers of the Town of Orchard Park were paying S.S.#3 personnel while they were performing their work on this trunk line, and

WHEREAS, the equipment being used has been previously paid for by the Taxpayers of Orcharcd Park, and

WHEREAS, a voucher has been submitted to the Town of Orchard Park from the Erie County Department of Planning in an amount of $171.72 to cover the cost to the Town of Orchard Park for this televising

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to go on record being opposed to payment of this voucher, and be it further

RESOLVED that the Supervisor be and is hereby directed to deliver a copy of this resolu­tion to S.S.#3 at their next meeting.

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.


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 approve the following transfers:

AMOUNT            FROM             TO

   $ 472.50         A7020.238        A7020.450

     978.63         A7020.402        A7020.450

     160.00         A7020.459        A7020.148

     600.00         A7020.470        A7020.148

   2,500.00         A7020.478        A7020.148

   2,844.00         A7020.479        A7020.148

     500.00         A7020.480        A7020.148

     641.54         A7020.481        A7020.148

     427.57         A7020.482        A7020.148

   1,635.76         A7020.449        A7020.148

     900.00         A7020.419        A7020.148

 

   1,000.00         A1450.444        A1450.445

 

     750.00         A3510.419        A3510.475

     350.00         A3510.419        A3510.445

      75.00         A7510.449        A7510.419

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

Supervisor Woodard reported on a request he has received from the residents of Brenner Drive and Lexington Avenue for the formation of a water district. The Engineer was dir­ected to contact the Hamburg Engineer to review the plans Hamburg has to make water a­vailable to the residents of this area and file a report with the Town Board on the feasibility of the formation of a water district.

Councilman Diggins reported on 1) the visit to the Ryan Homes Cluster Development in Hamlin, New York by member of the Town Board and other Town personnel and felt the tour was very informative, and 2) announced there will be a follow up meeting scheduled for Saturday 11/21/81 at 9:00 A.M. in the conference room. All interested parties are invited to attend, and hopefully a conclusion will be made on how we want the piece of property to be developed by Ryan Homes to look.

Councilman Mill reported on the Ryan Homes Cluster Development visit in Hamlin, New York and felt it was a very informative tour.

5) 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 appoint­ment to the Recreation Staff for the Fall/Winter/Spring Recreation Program as recommended by the Deputy Recreation Director:

Tom Robinson      43 Woodview Dr. Basketball Instr. Substitute $3.00/hr 3hr/wk

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 Curley reported he had received a request from a resident of Sleepy Hollow Lane in the Doll Subdivision for street lighting. The Lighting Committee shall inform the resi­dents of the procedure to be followed to obtain lighting.

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 approve the request from the Highway Superintendent to make an emergency purchase of a motor and blower for the Town Highway leaf vac at a cost not to exceed Six Thousand eight hundred seventy-five ($6,875) Dollars from Walter Roberts Equipment.

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.

Highway Superintendent Ronald Geitter reported on the need for control of the gas well drillers in the area, many of whom are leaving the streets in the area full of mud. The Assessor is advised of the location of the drilling but definite guide lines are needed to be followed by drillers. The Building Inspector was directed to view the area where drilling is being done now and try to correct this problem with the driller.

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

WHEREAS, it was necessary to extend the Northwest Drainage Project to the West side of California Road (this is a tributary to Smokes Creek) which portion is low on the road and is inhibiting the flow from the newly constructed channel upstream, and

WHEREAS, cuts have been made in the original contract and costs have been reduced to come up with the necessary funds to extend the project

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the Change Order #1 for the Northwest Drainage Project extending the project five hundred (500)feet on the West side of California Road at a net deduction of One hundred eighty-five ($185.00) Dollars from the original contract awarded to Janik Paving and as recommended by the Town Engineer.

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.

8) 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 the entries on Warrant #20 following auditing by members of the Town Board and in the funds indicated:

WARRANT #20

GENERAL FUND                            $81,769.94

PART TOWN FUND                            2,296.24

SPECIAL DISTRICTS FUND                   13,976.04

HIGHWAY FUND                             24,678.57

TRUST & AGENCY FUND                      26,491.49

FEDERAL REVENUE SHARING FUND              4,249.42

NPP ESCROW ACCOUNT                        1,950.00

 

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 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 Build­ing Permits and the Building Inspector's Report for October 1981 as entered on the Agenda


 

E. B. Woodard     Aye

J. J. Diggins     Aye

P. P. Penny       Absent

D. J. Mill        Aye

D. P. Curley      Aye

THE RESOLUTION WAS DULY ADOPTED.

10) 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 communi­cations as entered on the Agenda:

1.       Assemblyman Richard L. Kennedy - Summary of Legislation recently adopted and sent to the Governor re: Changes in Real Property Tax Law.

2.       E.C. Dept. of Environment and Planning - copy of program to identify and address significant development and redevelopment issues which affect the character of Erie County.

3.       E.C. Dept. of Fire Safety - Completion of N.Y.S. Fire-Police Training course by Frank P. Bermel and Kenneth L. Bermel for the Windom Volunteer Fire Company.

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.

Supervisor Woodard announced that his secretary Margaret Campbell had been hospitalized this past week, came home today. and he was pleased to be able to report that she will be back in the office on Friday.

There being no further business before the Town Board, the Supervisor adjourned the meet­ing at 8:35 P.M. EST.

Respectfully submitted,

Betty K. Reukauf

Town Clerk