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