Town Board - August 15, 1984

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 15th day of August, 1984 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

M. R. Merritt Town Engineer

ABSENT:

R. A. Geitter Supt. of Highways

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 DIGGINS, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 7/5/84 and 7/18/84, 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.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - Relocation of Quaker Centre Sign.

Removed from the Agenda.

Old Business #2 - Myers Studio. Inc. - Rezone from R3 to B2, SL5 & SL6 of Map Cover 2398.

1) 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 rezoning property from R-3 to B-2 on land located on the south aide

of Big Tree Road, west of Route 219 SL-5 and SL-6 of Map Cover 2398 as petitioned by Myers Photographs, Inc. was conducted at the Municipal Building S4295 South Buffalo Street, Orchard Park, New York on the 18th day of July, 1984 at which all interested parties were given an opportunity to be heard, and

WHEREAS, "No Recommendation" from the Erie County Department of Planning, pursuant to Section 139-m of the General Municipal Law was received and filed by the Town Board, and

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and

WHEREAS, the Town Board did declare a Negative Declaration under the SEQR Law and Regulations, as recommended by the Town Planning Board

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from R-3 to B-2 all tract or parcel of land bounded and described as follows:

ALL THAT TRACT OR PARCEL OP LAND, situate in the Town of Orchard Park, County of Erie and State of New York, being part of Lot No. 31, Township 9, Range 7 of the Holland Lind Company's Survey and being further distinguished as Subdivision Lot No. 5 as shown on a map entitled "Ramblewood Subdivision" filed in Erie County Clerk's Office under Cover No. 2398.

This Ordinance shall take effect ten (10) days after publication and posting in accordance with law

and be it further

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 264 and 265 of the Town Law.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - Appointment to Planning Board.

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

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of David Buyer, 14 Briggs Drive, to the Town Planning Board to fill the unexpired term of John Harrington, resigned, ending 12/31/88 effective 8/16/84.

THE RESOLUTION WAS DULY ADOPTED.

New Business #2 - W. V. Jaszka, 6949 Ward Rd., Boston - Out of District Water Customer.

3) 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 request from William V. Jaszka, 6949 Ward Road, Town of Boston, to become an Out-of-District Water Customer in the Town of Orchard Park Water District #17.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - O.P. Youth Bureau - N.Y.S. Div. for Youth Project Application, 1985.

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN HILL, 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 N.Y.S. Division for Youth Project Application for the year 1985 funding in the amount of Six Thousand Five Hundred ($6,500.00) Dollars as recommended by the Youth Board Director.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - O. P. Recreation - N.Y.S. Div. for Youth Project Application, 1985.

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 N.Y.S. Division for Youth Project Application for the year 1985 in the amount of Ten Thousand Seven Hundred Forty-nine Dollars and sixty cents ($10,749.60) as recommended by the Recreation Director.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

6) 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 as recommended by the Town Auditor:

$10,000.00 from Trust & Agency Fund T9999.037 (Parkland Deposits) to General Fund Revenue Account A2801 (Interfund Revenues)

1,000.00 from 8020.138 to 8010.138

$100.00 from 8020.222 to 8010.400

$140.00 from 8010.413 to 8020.413

$80.00 from 8020.450 to 8020.413

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Diggins reported on the Michael Jackson Concert to be held at Rich Stadium on August 25 & 26, 1984. The Town shall continue to be in touch with the sponsors of the concert to negotiate the reimbursement of cost of extra services furnished by the Town as a result of these concerts.

Councilman Mill reported the two shelters being built at Yates Park by the Lions and Rotary Clubs shall hopefully be complete within the next week. Each Club would like to put a placque on one of the shelters to denote their donation. As a member helping to construct these shelters, he was happy to see so many residents using the Park.

Councilman Curley reported 1) as a result of the rejection of the purchase of the Gow property, the baseball diamonds there shall not be available. Therefore he requested the Engineer to draw plans and cost estimates for the construction of baseball diamonds on the Town property on California Road, and 2) requested the Highway Superintendent to attend the 9/26/84 work session to review the consolidation of services as it is now and to discuss the future completion of the proposed consolidation of services.

Town Clerk Betty Reukauf reported the Town Clerk's Office is now open to the public daily from 8:30 A.M. to 5:00 P.M.. Also the office will be open on Saturdays from 8:30 A.M. to Noon until November 17, 1984 for the convenience of the hunters.

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

WHEREAS, the events conducted at Rich Stadium continue to impose expenses and burdens upon the Town of Orchard Park, and

WHEREAS, the conducting of professional sports events and other events for profit in-creases traffic congestion, creates sanitary, police, fire and other

problems that the Town of Orchard Park must service and provide for, and

WHEREAS, the Town of Orchard Park has not been authorized by the State Legislature to impose an admission tax at Rich Stadium to defray the expenses referred to above

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to have introduced for passage by Home Rule Message a Bill to the New York State Legislature authorizing the Town of Orchard Park to impose an admissions tax on the operation of professional sports contests and/or other events at Rich Stadium, not to exceed five (.05) cents per admission ticket.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8) 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 approve all entries on Warrant #15 following auditing by members of the Town Board and in the funds indicated:

WARRANT #15

GENERAL FUND $109,105.46

PART TOWN FUND 2,652.56

FEDERAL REVENUE SHARING FUND 6,050.84

HIGHWAY FUND 31, 811.42

SPECIAL DISTRICTS FUND 70,306.98

TRUST & AGENCY FUND 34,069.31

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

9) 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 receive and file the communications as entered on the Agenda:

1. B.Y.P.I.R.G., Inc., 400 Leroy Ave., Buffalo, N.Y. - Letter of thanks for Town's assistance making their house to house canvass successful.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

Ken Burgwardt, Newton Road - Expressed his displeasure with the News Media and the Town Board re: Contract for the demolition of the house on Emerson Drive. He stated the Town lost tax property in the amount of $90,00.00 to $100,00.00 on the tax rolls.