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 5th day of December, 1984 at 8:00 P.M. EST 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, led by Greg Wheeler, Boy Scout from West Seneca Troop 8113, working for the Communications Badge.

 

New Business #1 - Town of Boston, collection of unpaid water bills.

 

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

 

WHEREAS, Section 198 of the Town Law provides that unpaid water tax amounts shall be a lien upon real property upon which or in connection with which the water was used, and

 

WHEREAS, Water District #17 water line of Orchard Park in the Town of Boston, Erie County, New York, has, pursuant to its agreement reimbursed the Town of Orchard Park the amounts shown on Schedule A, below, for said unpaid water tax amounts, and said charges are not outstanding

 

NOW, THEREFORE, be it

 

RESOLVED that the unpaid water tax amount as itemized on "Schedule A" below be made a part of these minutes and they be assessed against the respective properties as shown thereon and that the respective amounts be levied and collected with the 1985 taxes up-n each respective parcel of real property in the Town of Boston and when collected the said sum shall be paid to said Water

District #17, Town of Orchard Park:

 

"Schedule A"

Name  Address     Amount of Levy    Account No.

Patrick Kaefe     6159 Ward Road    $71.79      211.00-3-4 Orchard Park, NY 14127

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

2)                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 authorize to approve the following trans­fer as requested by the Town Clerk and as recommended by the Town Auditor:

 

$2,000.00 from A1450.444 Rental of Polling Places to A1450.122 (Inspectors Salaries)

$500.00 from A1450.445 Election Machine Renovation    )

$375.00 from A1410.413 Travel & Conference      )     to A1410.450 Publishing $500.00 from A1450.419 Machine Moving & Signs-Election)

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 following transfer as requested by the Recreation Director:

$1,961.17 from A7020.402 to A7020.480 and $1,658.60 from. A7020.449 to A7020.480

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard reported:

 

1. If you noticed in the paper the other day, the New York Telephone Company has petit­ioned the Public Service Commission for a 29% increase. I think it's a deplorable con­dition that exists with the Public Utility who submits to us and serves us with a paper requesting a ˝ million worth of assessed valuation by removed from their taxes and they have the unmitigated gall to ask for a 29% increase in their billing for their services of the telephones in your house and businesses.... I would like to have these remarks sent to the New York Telephone Company.

2)                Community Development Planning will be in the basement of the Municipal Building on December 10,11,13,14, 1984 from 10:00 A.M. to 3:00 P.M. to interview people for low in-come loans for home repairs.

3)                Commended the Employees of the Town of Orchard Park for their safety record. The Hart-ford Insurance Co. has presented the Town with a check for $20,769.00 rebate on Workman's Compensation covering 4/83 to 4/84. This amount represents about $7,000.00 increase over last years dividend. He will give each Department Head a letter of Commendation at the next Department Head Meeting to post in their office for all their staff to see.

Councilman Mills reported he had received correspondence from the Bill's Office stating the uncovered Marlboro sign at the Stadium was an oversight on their part and they shall cover it over immediately.

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 direct the Supervisor to sign the S.T.O.P. - DWI Agreement with the County of Erie for the Year January 1,1984 through December 31, 1984 as recommended by the Town Attorney.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

WHEREAS, the Town of Orchard Park did retain General Code Publishers Corp., 72 Hinchey Road, Rochester, N.Y. to codify and publish the Code of the Town of Orchard Park, and

 

WHEREAS, it is necessary to adopt the Code of the Town of Orchard Park

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing in the matter of the Adoption of the proposed Local Law #1-1985 to adopt the Code of the Town of Orchard Park on January 2, 1985 at 8:15 P.M. EST as recommended by the Town Attorney, and be it further

 

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

WHEREAS, Local Law #1-1971 was adopted 10/6/71 creating the Conservation Advisory Council to serve with no compensation, and

 

WHEREAS, the 1985 adopted budget provides for compensation to the Conservation Board to be consistent with the Zoning and Planning Boards

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on January 2, 1985 at 8:30 P.M. EST in the matter of the adoption of Local Law #2-1985 amend­ing Local Law #1-1971 to provide compensation to the Conservation Board as recommended by the town Attorney, and be it further

 

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

7)                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 on .arrant #21 and the End of Month Warrant for November 1984 following auditing by mem­bers of the Town Board and in the funds indicated:

 

                              WARRANT #21 END OF MONTH

GENERAL FUND                  $121,116.65 $ 72,722.24

PART TOWN FUND                9,844.31    2,559.63

FEDERAL REVENUE SHARING FUND  3,072.28    2,123.76

HIGHWAY FUND                  116,741.86  21,958.57

SPECIAL DISTRICTS FUND        2,265.89    162,844.97

TRUST & AGENCY FUND           1,234.04    21,659.48

DEBT SERVICE FUND             -           169,219.37

 

THE RESOLUTION WAS UNANIMOUSLY 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 receive and file all com­munications as entered on the Agenda:

 

1.                Town of Aurora - Resolution Adopted 11/26/84 directing E.C. Legislature to seek other means than increasing the E.C. Sales Tax to meet the Counties' Financial responsibilities.

2.                Assemblyman Wm. Paxon - Information on the proposed "Welfare and Medicaid Reform Package".

3.               Town of Boston - Resolution opposing any action by County Legislature or E.C.D.P.W. reducing or deleting any existing County Commitments or obligations.

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 report as entered on the Agenda:

 

1. Building Permits and Building Inspector's Report for the month of November 1984.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

BUSINESS FROM THE FLOOR

 

Ben Nicosia, Building Contractor, appeared before the Town Board requesting the Town Board's help in reducing the time it takes to get approval for proposed subdivisions. He feels Orchard Park is losing all their developers as developers cannot afford to wait 2 or 3 years for approval. He would like to and desires the opportunity to de­velop and build in Orchard Park but cannot afford the hassel involved.

 

Supervisor Woodard stated the Planning Board approves subdivisions and suggested Mr Nicosia attend their meeting and voice his views in this matter. The Building Inspector shall be in touch with Mr. Nicosia.

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:34 P.M. EST.

 

Respectfully submitted,

 

Betty K. Reukauf

Town Clerk