A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, New York as held at the Municipal Building at Orchard Park, New York on the 1st day of August, 984 at 8:00 P.M. EDT and there were

 

PRESENT AT ROLL CALL:

E. B. Woodard     Supervisor

J. J. Diggins     Councilman

D. J. Mill        Councilman

D. P. Curley      Councilman

J. J. Mills       Councilman

 

Betty K. Reukauf  Town Clerk

L. Berkowitz      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.

 

Old Business #1 - Rescind Resolution #2 of 7/18/84, Hayes rezoning Public Hearing.

 

1)                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 rescind Resolution #2 of meeting 718/84 scheduling a Public Hearing in the matter' of the rezoning of property at 3870 North Buffalo Road from R-3 to B-2 as requested by Sean and Camille Hayes, and be it further

 

RESOLVED that the Town Board be and is hereby authorized to refund the Thirty-five ($35.00) Dollars filing fee to the petitioner.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #1 - James Story - Resignation from Town Planning Board.

 

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 accept with regret the resignation of James G. Story, 136 South Lincoln Ave., from the Orchard Park Planning Board effective August 15, 1984, and be it further

 

RESOLVED the Supervisor be and is hereby directed to send a Certificate of Merit to Mr. Story.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

3)                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 accept with regret the resignation of John W. Harrington, 35 Errington Terrace, from the Planning Board effective July 31, 1984, and be it further

 

RESOLVED that the Supervisor be and is hereby directed to send a Certificate of Merit to Mr. Harrington.

 

Before the vote was taken, Councilman Curley stated Mr. Harrington has served as a member of the Planning Board with a great deal of distinction. His spirit and guidance of negotiation shall be missed. I sincerely hope the Town shall be able to find a person with the same caliber of service dedication that was rendered so unselfishly to this Town by Mr. Harrington.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #2 - P. Bruin Orchard Park Collision, S. Taylor Rd. - Bldg. Permit for addition.

 

4)                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 refer to the Planning Board and Conservation Board the request from Peter Bruin Orchard Park Collision, Inc., 4154 s. Taylor Road for a building permit to build a 2,000 sq. ft. addition to existing building.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #3 - Fays Drugs, Bells Plaza - Building Permit for addition.

 

5)                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 Planning Board and Conservation Board the request from Fays Drugs, Bells Plaza for a building permit to build a 4,700 sq. ft. addition as part of move to south end of plaza.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #4 - S. Nasca, Change in Use for Parking Lot, vacant land Abbott/Vistula.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from Salvatore Nasca, vacant lot corner of Abbott and Vistula for a Change in Use of land for a Parking Lot.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #5 - Y.M.C.A., Eggert Rd. - Off Premise Sign, corner Eggert & Orchard Park Rd.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from the Y.M.C.A., 3636 Eggert Road for permission to erect an off premise sign at the south corner of Eggert Road and Route 240 (Orchard Park Road).

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #6 - Boulevard Collision, Lake Ave. - Ryder Truck Rental realer.

 

8)                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 refer to the Planning Board and Conservation Board the request from Boulevard Collision, Inc., 5665 Lake Avenue for permission to become a Ryder Truck Rental Dealer.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard reported on the receipt of a letter from Representative Jack Kemp to Joseph Lynch, Buffalo area Manager of Dept. of HUD expressing his support for two Section 202/8 proposals submitted to Mr. Lynch for consideration. One of the projects of interest to the residents of Orchard Park is the Quaker Village Manor, sponsored by the Diocese of Buffalo and Jack expressed his strongest support for this project.

 

Councilman Diggins reported on new developments re: the Lincoln School Acquisition Project. He stated he has been sampling the public's reaction to a $3 Million Bond Issue and he has found little sponsoring for it. He felt at this point the bond re-solution would not be approved by the residents in November. He also stated Tim Gow needs a definite decision tonight about the buying of his building by the Town of Orchard Park. Mr. Gow requests the Town of Orchard Park to pay $2,400.00/month guar­antee for the months of June - November. With the negative reaction he has received to the proposed Bond. Issue, he felt he could not vote to commit residents monies to this option with the prospect of losing the option monies if the Bond Issue was de­feated. He asked the other members to comment on this matter.

 

Councilman Mills stated he feels Councilman Diggins speaks for all the Town Board re: the frustrations that have been encountered during this project. It has come to a dead-end as there is not enough support from the Town Board to support the proposed Bond Issue. He stated he was supporting the purchase of the Lincoln Property, the demolition of the Lincoln Building and the building of a new Town Hall.

 

Councilman Curley stated the expansion of the Town Hall has been considered by the Town Board since 1970. The Town has spent more than $25,000.00 over the years on studies for a new Town Hall. He reviewed the process that this Town Board has used to try to come up with the best possible answer to the needs of Town Government. He stated he feels residents will rally to pass the Bond Issue in November when they have had the opportunity to know all the facts, the cost, reason for site selection, etc.. The monthly cost of $2,400.00 does not seem exorbitant.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to approve the appropriation of $15,000.00 in funds for the following matters relevant to the Bond Issue for the purchase of the Lincoln School Property:

 

1.                Preparation of Preliminary Drawings of proposed renovation of property to be prepared by a licensed Architect

2.                Preparation of a Comparative Study of sites to be done by an objective outside third party

3.              To approve Mr. Gow's offer of an option on the Lincoln Building before the vote was taken the following spoke: Councilman Diggins stated he feels the option is too much of a gamble. The public has not shown their interest in the approval of a new Town Hall. He stated he wished he could share the optimism of Councilman Curley.

Supervisor Woodard stated he would not vote for this resolution as it is too risky to spend Taxpayers monies on this Bond Issue.

 

Councilman Mill stated he has been very outspoken on this issue from the very be-ginning and definitely is not in favor of this resolution.

 

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

 

E. B. Woodard     Voting NAY

J. J. Diggins     Voting NAY

D. J. Mill        Voting NAY

D. P. Curley      Voting AYE

J. J. Mills       Voting AYE

 

THE RESOLUTION WAS DEFEATED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to rescind Resolution #9, meeting of 6/20/84, approving a mandatory referendum on Election Day, November 6, 1984 in the matter of the purchase of the Lincoln Property from Gow Associates.

 

Before the vote was taken, a discussion was held by the Town Board.

Councilman Curley again voiced his thoughts on the project and felt that if this resolution should be adopted it would mean the end of the project forever.

 

Councilman Diggins stated he has changed his mind about the Bond referendum and feels it would be better to keep that property on the tax rolls.

 

Councilman Mill stated Mr. Gow stated he has had an offer of $250,000.00 for the pro­perty but does not wish to sell under $300,000.00.

 

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

D. J. Mill        Voting AYE

D. P. Curley      Voting NAY

J. J. Mills       Voting NAY

 

THE RESOLUTION WAS DULY ADOPTED.

 

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

 

WHEREAS, it was necessary to demolish the burned out house at 6042 Emerson Drive, and

 

WHEREAS, K. L. Burgwardt Construction, 6105 Newton Road, Orchard Park did submit a bid to remove the building, fill the cellar with bank run gravel and put the premises in clean order, and

 

WHEREAS, on July 5, 1984 the Town Board did direct the Supervisor to execute the Con-tract with K. L. Burgwardt Construction in the matter of the demolition of the house at 6042 Emerson Drive in an amount not to exceed Five Thousand Two Hundred ($5,200.00) Dollars, and

 

WHEREAS, the contract completion date is 8/2/84, and

 

WHEREAS, the job has been started, not completed and the completion date is tomorrow August 2, 1984

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to direct the Building Inspec­tor and the Town Attorney to cancel the contract with K. L. Burgwardt Construction, 6105 Newton Road, Orchard Park relative to the property at 6042 Emerson Drive in the event the contractor does not fulfill his obligations, pursuant to the contract, on or before August 2, 1984, and be it further

 

RESOLVED the Supervisor be and is hereby authorized to enter into a contract with a sub­stitute contractor in the event K. L. Burgwardt Construction fails to perform his obli­gations pursuant to the above referred contract.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to start condemnation proceedings to take by eminent domain 1/10th of an acre in Bunt­ing Road owned by the Kasprzak Estate necessary for the proposed improvement of Bunting Road.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard announced, due to complaints from the Recreation Director that many groups seem to be in the Park and not participate in the activities, the Town has imple­mented a patrol program. It has only been in effect a few days and already there is an improvement in the area.

 

13)            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 release the security deposit of Two Thousand ($2,000.00) Dollars required for Excavation Permit #2-1983 issued to Another Doll House, Inc., 30 Quail Run, for the contruction of a pond in the proposed Orchard Meadows Subdivision Part VII A as recommended by the Town Engineer.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to proceed with dedication of the extension of Old Orchard Lane constructed by Another Doll House, Inc. in Orchard Meadows Part VIII - Phase 3 under Public Improvement Permit #148 and as recommended by the Town Engineer.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

15)            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 all entries on Warrant #14 and the End of Month Warrant for July 1984 following auditing by members of the Town Board and in the funds indicated:

                              WARRANT #14 END OF MONTH

GENERAL FUND                  $40,216.63  $60,352.11

PART TOWN FUND                126.96      2,490.30

FEDERAL REVENUE SHARING FUND  4,295.28    2,123.76

HIGHWAY FUND                  30,023.70   18,398.27

SPECIAL DISTRICTS FUND        1,548.98    28,133.88

TRUST & AGENCY FUND           27,769.83   296.00

CAPITAL FUND (S.S. #18)       1,058.00    -

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

16)            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 receive and file a communi­cation from the Town Clerk notifying the Town Board that her office shall be open from 8:30 A.M. to 5:00 P.M. weekdays beginning August 6, 1984.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to receive and file the Report as entered on the Agenda:

1. Building Permits and Building Inspector's Report for July 1984,

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

BUSINESS FROM THE FLOOR

 

William Pilger, 51 Oakwood Ave. - Complained about noise and traffic in his area. Police Chief Henning stated the police officers are patrolling the area and are doing a good job.

 

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