Reg. Mtg. #17 - Mtg. #20

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 2nd day of September, 1981 at 8:00 P. M. E.D.T. 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

R. W. Sweet Building Inspector

R. C. Henning Police Chief

R. A. Geitter Supt. of Highways

M. R. Merritt Town Engineer

ABSENT

R. P. Penny Councilman

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 August 19,1981. as presented by the Town Clerk, be and are hereby approved, and be it further

RESOLVE) 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. Biggins Aye

R.. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

PUBLIC HEARING

At 8:05 P.M. E.D.T., the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens in the matter of the proposed use of Federal Revenue Sharing Funds for the balance of 1981 and the full year. 1982 in the amount of approximately $140,000.00.

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.

At this time, John Malloy, Town Auditor, explained the reason for the Public Hearing on Federal Revenue Sharing Funds.

The following spoke:

John Keith - 67 West Abbott Grove - Windom Senior Citizens Frank LeFauve - 30 Maple Drive - Orchard Park Senior Citizens William Borschel - 6100 Scherff Rd. - Orchard Park Senior Citizens George Boorman - 52 Allen Street - Windom Senior Citizen

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

RESOLVED that the Public Hearing in the matter of the proposed use of Federal Revenue Sharing Funds be and is hereby closed at 8:14 P.M. EDT.

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.

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 Local Law #3 1981 entitled "Construction of Public Improvements" which Local Law provides as follows:

§ 1 -- Permit required; fee

No person, firm, association or corporation shall install contruct or perform any work incident to the installation and/or construction of any public improvement upon real property in the Town of Orchard Park without first having obtained a permit therefor, to be issued by the Town Clerk with the approval of the Town Board after certification by the Town Engineer that the plans and specifications as submitted by the applicant comply with the ,specifications and requirements of the Town of Orchard Park. The fee for such permit shall be the sum of ten dollars ($10).

§ 2 -- Application

The application for such permit shall be made on forms furnished by the Town of Orchard Park and shall contain such information as the Town Engineer of the Town of Orchard Park shall require to determine that the proposed improvement will conform with the specifications and reguirements of the Town of Orchard Park for such proposed improvement.

§ 3 -- Map and specifications to accompany application

All applications shall be accompanied by a map or survey, together with specifications, prepared by a civil engineer duly licensed by the State of New York, one (1) copy of which shall be filed with the Town Engineer and the Superintendent of Highways.

§ 4 -- Specifications supplied by the Town Engineer

The Town Engineer shall provide such applicant with. a set of standard specifications and requirements of the Town of Orchard Park for such work,' for which a charge of Ten Dollars ------------------------------ ($10 ) per copy shall be made, and no work shall be performed except in accordance therewith.

§ 5 -- Inspector to supervise all work

No work shall be performed except under the supervision and inspection of an inspector designated by the Town Engineer and approved by the Town Board. The wages or fees of such inspector shall be fixed and paid to the Town of Orchard Park prior to the issuance of such permit.

§ 6 - Security required for public improvements; forfeiture

A. If public improvements, as defined by this ordinance, are to be installed or constructed upon real property to which the Town of Orchard Park has title or will acquire title thereto, building permits may be issued only after the holder of the public improvement permit, before commencing any work in connection therewith, has submitted to the Town Clerk of the Town of Orchard Park one (1) of the following forms of security for approval by the Town of Orchard Park:

(1) Bond

(a) A bond executed by a solvent surety corporation

as surety, authorized to do business in the State of New York, in a sum equal to the cost of the work to be performed as determined by the Town Engineer, which bond shall be approved by the Town of Orchard Park, guaranteeing faithful performance of all work in accordance with the specifications and requirements of the Town of Orchard Park.

(b) Such bond shall remain in full force and effect until the certificate of completion and satisfactory compliance with this ordinance shall have been issued by the Town of Orchard Park.

(c) Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this ordinance, the above-described bond shall be forfeited to the Town of Orchard Park.

(2) Irrevocable letter of credit

(a) An irrevocable letter of credit is to be supplied by a bank authorized to do business in the State of New York in a form acceptable to the Town of Orchard Park and in a sum at least equal to the cost of the work to be performed as determined by the Town Engineer, guaranteeing faithful performance of all work in accordance with the specifications and requirements of the Town of Orchard Park.

(b) Such letter of credit shall remain in full force

and effect until the certificate of completion and

satisfactory compliance with the ordinance shall have been issued by the Town of Orchard Park.

(c) Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this ordinance, the above-described letter of credit shall be forfeited to the Town of Orchard Park.

(3) Cash deposit

(a) A cash deposit in the amount of the cost of such public improvement as determined by the Town

Engineer, shall be placed on deposit with the Town of Orchard Park.

(b) Such deposit shall remain in full force and

effect until the certificate of completion and satisfactory compliance with this ordinance shall have been issued by the Town of. Orchard Park.

(c) Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this ordinance, the above-described cash deposit: shall be forfeited.

(4) Other acceptable security in the discretion of the Town Board.

B. Security.

(1). Security shall be provided for the construction of the following public improvements.

(a) Paving and curbing.

(b) Storm sewer, including retention facilities,

(d) Waterline.

(2) Security for sidewalk and streetlighting, A separate

agreement between the applicant for a public improvement

permit and the Town of Orchard Park shall provide for security in the construction and maintenance of sidewalk and streetlight.ing public improvements.

C. The Town of Orchard Park shall have final approval over the form of security device for use by applicants for public improvement permits.

§ 6-1 - Maintenance security for public improvements

A. In the interest of protecting public improvements from any and all defects in. material or workmanship and to provide for the cost of repair and/or replacement of such improvements, the town has determined that a maintenance bond, irrevocable letter of credit or cash deposit shall be filed by all applicants for public improvement permits.

B. Applicants for public improvement permits for public improvements which are to be installed or constructed upon real property to which the Town of Orchard Park has acquired or will acquire title thereto shall provide or cause to be provided and submitted to the Town Clerk, prior to acceptance of such public improvement, one (1) of the following forms of security for approval by the Town of Orchard Park:

(1) Bond‑

(a) A maintenance bond executed by a solvent surety corporation as surety, authorized to do business in the State of New York, in a sum equal to fifty percent (50%) of the cost of such public improvement. Such bond shall remain in full force and effect for a period of two, (2) years from the acceptance of said public improvement by the Town Board of the Town of Orchard Park.

(b) Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this ordinance, the above-described bond shall be forfeited to the Tarn of Orchard Park.

(2) Irrevocable letter of credit

(a) An irrevocable letter of credit is to be supplied

by a bank authorized to do business in the State

of New York, in a form acceptable to the Town of

Orchard Park and in a sum equal to fifty percent

(50%) of the cost of such public improvement.

Such letter of credit is to remain in full force

and effect for a period of two (2) years from the

acceptance of said public improvement by the Town Board of the Town of Orchard Park.

Reg. Mtg. #17 Mtg. #20 9/2/81 Page 5

(b) Failure to comply; forfeiture. In the event that the holder of such permit shall fail or refuse to comply with the provisions of this ordinance, the above-described letter of credit shall be forfeited to the Town of Orchard Park.

(3) Cash deposit

(a) A cash deposit in an amount equal to fifty percent (50%) of the cost of such public improvement shall be placed on deposit with the Town of Orchard Park.

Such cash deposit shall remain on deposit with the Town of Orchard Park for a period of two (2) years from the acceptance of said public improvement by the Town Board of the Town of Orchard. Park.

(b) Failure to comply; forfeiture; In the event that the holder of such permit shall fail or refuse to comply with the provisions of this ordinance, the above-described cash deposit shall be, forfeited to the Tam of Orchard Park.

(4) Other acceptable security in the discretion of the Town Board.

C. A maintenance bond, irrevocable letter of credit or cash

shall be required for the following public improvements:

(1) Paving and curbing.

(2) Storm sewer, including retention facilities.

(3) Waterline.

D. The Town of Orchard Park shall have final approval over the form of any security device for use by applicants for public improvement permits.

§ 7 -- Compliance with town and state laws

The holder of a permit shall comply with all the ordinances of the Town of Orchard Park and all laws of the State of New York now in force or hereafter adopted applicable to the work to be performed thereunder.

§ 8 -- Acceptance of streets and public improvements

Compliance with the provisions of this ordinance shall be a condition precedent to the acceptance of any street, highway or other public improvement by the Town of Orchard Park for the purpose of maintenance.

§ 9 -- Definitions

This local law shall supersede and replace those provisions in the construction specifications of the Town of Orchard Park relating to maintenance bonds for public improvements.

§ 10 - When effective

This Local Law #3-1981 becomes effective when filed with the Secretary of State pursuant. to Section 27 of the Municipal Home Rule Law.

PROPONENTS

No one spoke;

OPPONENTS

Richard Doll - 30 Quail Run, Orchard Park

Joseph Ippolito - Quaker Towne Apts., Orchard Park Tom Michaels - 277 Highland Ave., Orchard Park Richard Gernold 6666 E. Quaker St., Orchard Park

A discussion was held by the opponents and the Town Board re: the provisions of the proposed Local Law and the effect it will have on builders and or building in the future in Orchard Park.

2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION,

SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Public Hearing in the matter of the adoption of Local Law #3 - 1981 entitled "Construction of Public Improvements" be and is hereby closed at 8:49 P.M. EDT.

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.

Mr. Michaels was requested to schedule a meeting with the Town Board and representatives of area Bond Houses.

New Business #1 - Tri-Delta Aggregates, Big Tree Rd. - Special Exception Use, Storage Etc.

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

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and the Conservation Board the request from Tri-Delta Aggregates, Inc., 5698 Big Tree Rd. Orchard Park requesting a Special Exception Use for a portion of land for Equipment Storage in an I-1 Zone as outlined in letter of intent dated 6/12/81.

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 - Dedication of Hillsboro Drive.

4) 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 Attorney proceed with the dedication of Hillsboro Drive as recommended by the Town Engineer contingent upon the receipt of a maintenance Bond acceptable by the Town Attorney and 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.

At this time, Supervisor Woodard requested Councilman Curley to be Campaign Director for the United Way Campaign in the Town Offices.

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 direct the Supervisor to sign the 1981 Community Development Project Agreement and the 1982--1984 Community Development Program Agreement 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.

6) 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 request from the Town Justices for Kay L. Leitzan, Senior Court Clerk, to attend the New York State Magistrates Court Clerk's Association Conference at Grossinger's from September 13 to September 16, 1981,

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.

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

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of A. Terrance Campbell, Real Property Appraiser to the Assessment Department effective 10/1/81 thru 9/30/85.

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

RESOLVED that the Town Board be and is hereby authorized to approve the following transfer as requested by the Town Engineer:

$168.30 from Acct. #A1440.412 (mileage) to Acct. #A1440.445 (vehicle maintenance)

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 that John Henning from New York State Electric & Gas Corp. had been in touch with him re: the lighting on Burning Bush Way - as soon as Councilman Penny returns, the Lighting Committee shall review this matter.

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 approve the following

appointment to the Recreation Summer Staff as recommended by the Recreation Director:

Douglas R. Foster, 3604 Horton Ave., Blasdell, N.Y. - Lifeguard - $3.03 /hr.

and be it further

RESOLVED that the Recreation Director is directed to explain to the Town Board the appointment of a non-resident of the Town of Orchard Park to the Recreation Staff.

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 Diggins reported on 1) the Rolling Stones Concert to be held at Rich Stadium on September 27, 1981 and voiced his displeasure that he found out about the concert by a report on the radio. Supervisor Woodard stated the promoter of the concert had cane. him today and stated he would keep in touch with the Town, and 2) telephone calla from area residents re: Cable TV.

Councilman Mill reported on 1) residents requesting information about Cable TV in Orchard Park. A meeting will be held with Global TV at the Town Board's work session on Sept. 9th 1981 and hopefully more information will be available to the residents from that meeting, and 2) requested the Supervisor to negogiate with the promoters of the Rolling Stones

Concert for reimbursement to help defray the costs incurred by the Town of Orchard Park for this concert.

Councilman Curley reported that plans and specs for the repaving of Jewett Hollywood Rd. are available in the Town Engineer's Office on East Quaker Street for on site inspection.

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 refer to the Conservation Board the use of the wetlands area in the Lancaster Homes (Ryan Homes) Subdivision known as Chestnut Ridge Village on Chestnut Ridge Road.

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.

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 schedule a Public Hearin in the matter of a proposed amendment to the Zoning Ordinance of the Town of Orchard entitled "Amusement Arcades" on October 7, 1981 at 8:15 P.M. EDT, and be it further.

RESOLVED that the Town Clerk be and is hereby directed to publish due notice 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.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a bid opening on September 21, 1981 at 11:00 A.M. EDT in the Supervisor's Office for Ice Control Sand as requested by the Highway Superintendent

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.

13) 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 Highway Superintendent to attend the Fall Highway Superintendents Conference at Kutshers, Monticello, New York September 15-18, 1981 at Town Expense.

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.

Superintendent of Highways Ron Geitter reported 1) thirty (30) "No Liter Signs" have been placed in the Town of Orchard Park and with the help of the Police Department en-forcing the law, the roads in Orchard Park shall become liter free and 2) the. opening of the new Recycling Rubbish Center has been scheduled for September 17, 1981. The glass and tin recycling area in the Village on West Highland shall now be housed on Taylor Rd. with the newspaper recycling center, The Town Attorney is requested to draw the legal papers to allow the Town Highway to charge the following fees for dumping of rubbish only No garbage - at the center:

$15.00 - each pickup truck, Van or small trailer $ 1.50 - each car

14) 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 Warrant #15 and the End of Month Warrant for August 1981 following auditing by members of the Town Board and in the funds indicated:

WARRANT #15 END OF MONTH

GENERAL FUND $28,378.24 $51,455.07

PART TOWN FUND 115.28 2,091.44

SPECIAL DISTRICTS 21,623.52 5,21.2.14

HIGHWAY FUND 15,029.43 14,853.31

TRUST & AGENCY FUND 28,303.38 -

FEDERAL REVENUE SHARING 1,589.10 1,760.92

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.

15) 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 communications as entered on the Agenda:

1. International Cable - Letter to Global Cable TV, Inc. re: Sabres CATV package.

2. National Fuel - Letter re: repeal of Omnibus Reconciliation Act of 1981 (decorative outdoor lighting fixtures).

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.

16) 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 report as entered on the Agenda;

1. Project claim for year 1/1/81 - 12/31/81 to N.Y. State Division for Youth.

E. B. Woodard Aye

J. J. Biggins Aye

R. P. Penny Absent

D. J. Mill Aye

D. P. Curley Aye

THE RESOLUTION WAS DULY ADOPTED.

The Supervisor stated item 27-81 (Thomas McIndoo, 3670 N. Buffalo Rd.) on the Planning Board minutes has been referred to the New York State D.O.T.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:26 P.M. EDT.

Respectfully submitted,

Betty K. Reukauf Town Clerk