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 21st day of October, 1981 at 8:00 P.M. EDT and there were
PRESENT AT ROLL CALL:
E. B. Woodard Supervisor
J. J. Diggins Councilman
It. P. Penny Councilman
D. J. Mill 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
ABSENT:
D. P. Curley Councilman
out of town on business
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 ADOPTED, SECONDED BY COUNCILMAN PENNY, T0; WIT:
RESOLVED that. the minutes of the Regular Meeting of the Town Board, held on October 7, 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 Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #1 - Pappas/Popovski, South Towners Restaurant, rebuild after fire.
Peter B. Carr, Esq., 914 Abbott Road appeared before the Town Board and reviewed the application from Paul Pappas/Akira Popovski (South Towners Restaurant) for a building permit to rebuild restaurant destroyed by fire, the site as it exists today after the fire, the type of facility the petitioner hopes to rebuild and the hardship it would cause the petitioner to comply with set back regulations etc. He requested the Town Board to consider referring the petitioners request back to the Planning Board for a second review.
PUBLIC HEARING
At 8:05 P.M. EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties or citizens for or against the adoption of the Preliminary Budget for the Benefit Basis Special Districts and Revenue Sharing Budget of the Town of Orchard Park for the fiscal year beginning January 1, 1982
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
No one spoke.
OPPONENTS
No one spoke.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
RESOLVED that the Public Hearing in the matter of the adoption of the Preliminary Budget for the Benefit Basis Special Districts and Revenue Sharing Budget be and is hereby closed at 8:07 P.M. EDT
Aye Nay
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS, following due and timely notice a Public Hearing relating to the matter of the adoption of the Preliminary Budget of the Benefit Basis Special Districts and the Revenue Sharing Budget for the Town of Orchard Park for the fiscal year beginning January 1, 1982 was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 21st day of October, 1981 at which all interested parties were given an opportunity to be heard
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to adopt the Preliminary Budget of the Benefit Basis Special Districts and Revenue Sharing Budget of the Town of Orchard Park, New York for the fiscal year beginning January 1, 1982, as filed with the Town Clerk.
The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
E. B. Woodard Voting Aye
J. J. Diggins Voting Aye
R. P. Penny Voting Aye
D. J. Mill Voting Aye
D. P. Curley absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #1 - Pappas/Popovski, South Towners Rest., Permit to rebuild after fire.
THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to refer back to the Planning Board for site plan review, the request from Paul Pappas/Akim Popovski, South Towners Restaurant, 3700 Southwestern Blvd. for a building permit for addition to existing building destroyed by fire.
THE RESOLUTION WAS DULY ADOPTED.
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 the Preliminary Ad Valorem Budget of the Town of Orchard Park for the fiscal year beginning January 1, 1982.
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
No one spoke.
OPPONENTS
No one spoke.
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 the Preliminary Ad Valorem Budget be and is hereby closed at 8:17 P.M. E.D.T.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:
WHEREAS, following due and timely notice, a Public Hearing relating to the matter of the adoption of the Preliminary Ad Valorem Budget of the Town of Orchard Park for the fiscal year beginning January 1, 1982 was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 21st day of October, 1981 at which all interested parties were given an opportunity to be heard
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized. to adopt the Preliminary Ad Valorem Budget of the Town of Orchard Park, New York for the fiscal year beginning January 1,1982 as filed with the Town Clerk.
The question of the adoption of the foregoing resolution was duly put on roll call, which, resulted as follows:
D. B. Woodard Voting Aye
J. J. Diggins Voting Aye
R. P. Penny Voting Aye
D. J. Mill Voting Aye
D. P. Curley absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - Aurora Industrial Machine, Benzing Rd., addition to existing building.
6) 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 from Aurora Industrial Machine, 3380 Benzing Road for a building permit for addition to existing building as recommended by the Planning Board 10/14/81.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #3 - W, G. Schmid, N. Buffalo Rd., Change in Use & C/O.
7) 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 William G. Schmid, 4141 N. Buffalo Rd. for a Change in Use and C/O as recommended by the Planning Board 10/14/81.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
Business #4 - Award Bid for Southwestern Blvd. Water Line
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 award the bid for the Southwestern Boulevard Water Line to Marin Excavating, Inc. 3198 Union. Road., Cheektowaga, N.Y. as recommended by the Town Engineer in an amount not to exceed One Hundred Sixty-two Thousand Five Hundred Eight Dollars and fifty-five cents ($162,508.55) they being the lowest responsible bidder therefore. This project shall be funded under the Community Development Program.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
WE RESOLUTION WAS DULY ADOPTED.
Old Business #5 - Award Bid for Baker Road Sanitary Sewer Extension.
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 award the bid for the Baker Road Sanitary Sewer Extension to K. L. Burgwardt Construction, Inc., 6105 Newton Road, Orchard Park as recommended by the Town Engineer in an amount not to exceed Seven Thousand Two Hundred Twenty-two Dollars and ninety cents ($7,222.90) they being the lowest responsible bidder therefore.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
Old Business #6 (not on Agenda) - C. Holbrook, Sewers on Westgate Blvd.
Charles Holbrook, 12 Gervan Drive, West Seneca, on behalf of Southgate Developers, appeared before the Town Board requesting information re; the future installation of sewers on Westgate Blvd. and Reserve Rd. The parcel of land he desires to develop does not have sewers but borders on areas that are served by sewers.
It is not financially feasible to consider plans for development until the time element for installation of sewers has been considered or the cost and or availability of alternate ways to connect into one of the existing area sewers has been determined.
The Town Board requested the Town Engineer to review the area of the site, determine if there is any way to obtain sewer service for this property and to contact Mr. Holbrook with his findings.
New Business #1 - V.F.W. Post 6247, Request to sell Poppies.
10) 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 V.F.W. Post 6247, Orchard Park, to sell Poppies in the Town of Orchard Park on November 11, 1981 from 9:00 A.M. to 6:00 P.M.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
New Business #2 - O.P. Planning Board, Lead Agent for SEQR Procedures, Chestnut Ridge Village
11) 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 the Orchard Park Planning Board to be designated Land. Agent for SEQR Procedures for Chestnut Ridge Village Phase 2.
Before the vote was taken, a discussion was held by members of the Town Board and the Deputy Town Attorney re: the site plans of Chestnut Ridge Village, the area proposed for Phase 1 and Phase 2, and the concept plan for the complete village.
The Town Board agreed that Phase 2 is a critical area of the proposed subdivision, that they are concerned that the total project needs an overall concept plan and an overall impact study should be coordinated, that there are some questions about the current changes before the Planning Board, and before approval is given on any part of the concept, it is necessary to review and study the complete concept.
The Town Board shall consider retaining Lead Agency Rights in the matter for the following reasons:
1) In the Chestnut Ridge Village Concept, the Town is studying a new concept for the use of Wet Lands.
2) There is an unusual problem in this area because there is a Wet Lands and. the. Town is planning to use it for recreational purposes.
3) The Town Board is concerned that it took a great deal of talking to get the developer to agree to some of the things that were built into the original agreement and already perhaps they are attempting to change that original agreement with the Town.
The Town Board was in agreement that the unified plan for the whole concept must tie in with the following
1) Recreation uses of the Wet Lands
2) Drainage problems in the area
At the end of the discussion, the Deputy Town Attorney suggested that the Supervisor send the Developer and or Tallamy, Van Kuren and Gertis, on behalf of the Town Board, a letter expressing the concerns of the Town Board in regard to the above matter.
At this time, Councilman Diggins withdrew his second and Councilman Mill withdrew his motion from the floor.
The Town Board accepted the invitation from Ryan Homes to view a Ryan Homes Subdivision in Hamlin, New York on November 7, 1981.
New Business #3 - Town of Hamburg Re: concurring resolution re: Assessment Litigation.
Removed from the Agenda.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY. TO WIT:
RESOLVED that the Town Board be and is hereby authorized to establish and operate a Rubbish and Trash Collection facility together with a Recycling Center, and be it further
RESOLVED, the following fees shall be charged users of said Rubbish and Trash Collection facility:
1. $15.00 per Pickup Truck, Van or small Trailer
2. $1.50 per private automobile
and be it further
RESOLVED, no larger vehicle than four (4) cubic yards to have access to the facility
and be it further
RESOLVED, no garbage shall be dumped at the facility.
and be it further
RESOLVED, use of the Rubbish and Trash Collection facility shall be restricted to Town of Orchard Park Residents only.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
13) 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 direct the Supervisor to sign the Lease Agreement. with Wickes Corp., Taylor Road, Orchard Park, New York for use. of property for the Rubbish and Trash Collection facility together with a Recycling Center in an amount not to exceed Five Hundred ($500.00) Dollars per year.
E. B. Woodard X
J. J. Diggins X
R. P. Penny X
D. J. Mill X
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
14) 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 approve the appointment of (1) Alan Clayton, 5655 Scherff Road as Recreation Building Clerk, $3.85/hr., 20 hrs/wk. and (2) Gregory Bobro, 55 Auckland Ave., Orchard Park as Gymnastics Instructor for the Fall/Winter/Spring Recreation Program as recommended. by the Recreation Director.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to direct the New York State Electric & Gas Corp. to make the following light change:
Creekside Drive - Pole 4-1, Remove High Pressure Sodium Light Lamp and replace with a Mercury Vapor Light Lamp of equal lighting power consistent with adjacent lights.
E. B. Woodard Aye
J. J.. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
Councilman Penny reported on 1) calls he has received re: the surveying being done in the Quaker Lake Terrace re: the proposed Sewer 18 line project and 2) requested the Town Attorney to research the correct procedure to amend the Ordinance establishing Recreation Fees for Subdivisions.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:
WHEREAS, since the deregulation of gas well there has been more activity of gas well drilling in the Southern Tier and in this immediate area, and
WHEREAS, the Town of Orchard Park must be aware of when this activity occurs in our Town, and
WHEREAS, Registration is the correct way for the Town to be aware of drilling in the area, and
WHEREAS, the Building Inspector has collected information re: gas well drilling project
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney with the aid of the Conservation Board to review the Drilling Ordinance from the City of Dunkirk and the Town of Aurora and to prepare a proposed amendment to the Zoning Ordinance of the Town of Orchard Park for Gas Well Drilling Registration Procedures for review by the Town Board.
E. B. Woodard Aye
J. J. Diggins Aye
It. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
17) 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 direct the Deputy Town Attorney to review the proposed amendment to the Zoning Ordinance of the Town of Orchard Park as presented by the Building Inspector re: definition of "Vendor" and to prepare a preliminary change in the Ordinance for review by the Town Board.
E. B. Woodard X
J. J. Diggins X
R. P. Penny X
D. J. Mill X
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
Highway Superintendent Ron Geitter reported on the progress being made at the Rubbish. and Trash Collection facility and has set a tentative date of November 2, 1981 to start the operation of the facility.
18) 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 all entries on Warrant #18 following auditing by members of the Town Board and in the funds indicated:
WARRANT #18
GENERAL FUND $48,070.99
PART TOWN FUND 2,129.26
SPECIAL DISTRICTS FUND 12,278.71
HIGHWAY FUND 23,113.82
TRUST & AGENCY FUND 33.00
FEDERAL REVENUE SHARING FUND 1,868.92
CAPITAL FUND, Water Dist. #17 13,247.70
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
19) 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 receive and file all communications as entered on the Agenda:
1. Global Cable TV - Newsletter - Update on pertinent information re: Cable in Orchard Park.
2. New York State Electric & Gas Corp. - Changes in Street Lighting: (1) Installed 3 - 3350 and removed 2 - 3350 Vapor on Scherff Rd. authorized by Resolution 2/18/81 and (2) Installed 1 - 7000 light on Lake Ave. and installed 6 - 7000 and removed 2 - 7000 lights on Bielak Rd. authorized by Resolution 6/3/81.
3. County of Erie - Names of Volunteer Firemen who have completed the New York State Fire-Police Training Course: Hillcrest Fire Co., John J. Shanahan - Windom Fire Co., Robert A. Simpson.
E. B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
20) 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 September 1981.
B. Woodard Aye
J. J. Diggins Aye
R. P. Penny Aye
D. J. Mill Aye
D. P. Curley Absent
THE RESOLUTION WAS DULY ADOPTED.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:05 P.M. EDT.
Respectfully submitted,
Betty K. Reukauf Town Clerk