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 18th day of January, 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     Highway Superintendent

M. R. Merritt     Town Engineer

 

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 DIGGINS, TO WIT:

 

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 12/21/83, 1/1/84, 1/4/84 and 1/11/84, as presented by the Town Clerk, be and are hereby approved, and be it further

 

RESOLVED that the reeding 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.

 

Frederick J. Marrano Esq. appeared before the Town Board on behalf of Eastwood Associates requesting rezoning from R-3 to Special Exception Use for property located at 5285 Chest-nut Ridge Road for the purpose of construction of apartments.

 

1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, 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 Eastwood Associates to rezone property at 5285 Chestnut Ridge Road from R-3 to Special Exception Use for the purpose of construction of apartments.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on February 15, 1984 at 8:15 P.M. EST in the matter of rezoning property at 5285 Chest-nut Ridge Road from R-3 to Special Exception Use for the purpose of construction of apartments as requested by Eastwood Associates, and be it further

 

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #1 - Consolidation of Town Departments,

Councilman Curley reported, after a lengthy discussion by members of the Town Board, on March 1, 1984 the following shall take place:

 

1. The Town Parks and Grounds Department shall be abolished and the employees and equipment from the Parks and grounds Department shall be under the direct super-vision of the Highway Superintendent

2. John Hoyler shall be transferrred from the Sewer and Water Department to the Highway Department

3. The Town Board shall declare the Town owned property at 3530 California Road, that at present houses the Parks and Grounds Department and the Sewer and Water Depart­ment, as surplus and request the Town Attorney to proceed with the legal work nec­essary for the sale of this property

 

One item that has not been agreed upon is the increased compensation for the two Department heads involved in this consolidation. Hopefully, this shall be resolved and at the February 1, 984 meeting a resolution

reflecting the above matters shall be proposed and adopted.

 

3) 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 direct the Town Attorney to have an appraisal made of the property at 3530 California Road.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

PUBLIC HEARING,

At 8115 P.M. EST, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens' input regarding the use of Federal Community Development Funds in the Town of Orchard Park for the year 1984.

 

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.

The following spoke:

 

1. Paul Barnas, 6479 West Quaker Street - Chamber of Commerce parking project in Village - requests approximately $15,000,00 - will be asset for both Town and Village. Total project cost approximately $75,006.00.

2. Paul Barnas - Quaker Snow Goers - approximately $5,000.00 in funds needed to build Trail System with County of Erie from Chestnut Ridge Park to Omphalius Road.

 

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

 

RESOLVED that the Public Hearing in the matter of the use of Federal Community Develop­ment Funds for the year 1984 be and is hereby closed at 8:22 P.M. EST.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #2 - Schedule Public Hearing - R.H. Caputo - Rezoning, 5820 Big Tree Road.

 

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 schedule a Public Hearing on February 15, 1984 at 8:30 P.M. EST in the matter of rezoning property at 5820 Big Tree Road from R-3 to I-1 as requested by Raymon H. Caputo and as recommended by the

the Planning Board 1/11/84, and be it further

 

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #1 - Armor Heating Co. - Ramblewood Subdv., rezoning for office buildings

 

6) 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 refer to the Planning Board and Conservation Board the request from K.Y.M. Land Co., Inc., 3697 Abbott Road, Orchard Park, New York to rezone from R-3 to B-2 Sublot #1, approximately 90' frontage, in Ramblewood Subdivision, south side of Big Tree Road, east of Rte. 219 for the construction of an office building.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

(New Business #1 - Armor Heating Co., -Ramblewood Subdv., rezoning for office building),

 

7) 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 refer to the Planning Board and Conservation Board the request from Armor Heating Co., Inc., 3697 Abbott Road, Orchard Park, New York to rezone from R-3 to B-2 Sublots #2,3 & 4, approximately 270' frontage in Ramblewood Subdivision, south side of Big Tree Road, east of Rte. 219 for the construction of an office building.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #2 - Resolution to reinstate the receipt of the N.Y.S. Register.

 

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 request the N.Y.S. Dept. of State to reinstate the Town of Orchard Park on the N.Y.S. Register mailing list effect­ive immediately as requested by the Town Clerk.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard reported: 1) he has received a dividend check, computed on Workmans Compensation Policy from 4/82 - 4/83 in an amount of $12,068.00. He thanked all employees for their safe work habits which made this dividend possible. Councilman Mill requested the Town Board send a letter to all Department Heads commending all Town employees for their safe work record and to thank them for making this dividend possible, and 2) requested the Deputy Town Attorney, Building Inspector and Town Engineer to research and review the need for an amendment to the Zoning Ordinance covering T.V. Receivers, Antennas and electric generated Windmills in the Town of Orchard Park. A discussion was held by Town Board members and the Town Attorney as to the coverage of these items in the working ordinance, the concern of these being placed near residential property etc. The Building Inspector stated there are 4 receiving dishes in the Town now conforming to the present ordinance and 3) report from Robert Meier, County Legislator, is working for the Town of Orchard Park re: the Milestrip Sewer Project.

 

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

 

WHEREAS, Michael Davidovich was appointed Bingo Inspector for the year 1984, and

 

WHEREAS, Mr. Davidovich declined the appointment

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to appoint Jean Ann Brown 3252 Angle Road, Orchard Park as Bingo Inspector for the year 1984.

Before the vote was taken, Councilman Diggins stated he was happy to receive a professional resume submitted, which indicates some thought on the part of the applicant and a desire to do a good job.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO

MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:

 

WHEREAS, the Town Engineer has prepared a tentative time table scheduling work sessions for the Town Board in the matter of the Town Hall renovation project

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to schedule a work session on Saturday, February 4, 1984 at 9:00 A.M. EST in the Conference Room to review departmental space needs.

 

THE RESOLUTION WAS UNANIMOUSLY 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 bid opening on February 10, 1984 at 2:00 P.M. EST in the Supervisor's Office to provide trees for the 1984 Tree Planting Program, and be it further

 

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Councilman Mill reported the Village of Orchard Park has notified the Town of Orchard Park, effective February 1, 1984, they are closing the Lake Avenue Pumping Station and Service Station. Town Engineer Michael Merritt stated this pumping station has been an auxiliary source of supply for the Village and Town residents in the north side. This

closing will not immediately effect the supply or pressure of water in the Town. If there is a water break north of Webster Road, the customers will be out of water for a temporary period of time while the water break is being fixed.

 

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

 

WHEREAS, on January 4, 1984 Mark Van Remmen, 33 Arrowhead, West Seneca was appointed to the Fall/Winter/Spring Staff of the Recreation Department, and

 

WHEREAS, after research of the records of appointments, Mark Van Remmen has never worked for the Town of Orchard Park, and

 

WHEREAS, on May 5, 1982 the Town did pass a resolution that all employees of the Town of Orchard Park shall be residents of the Town of Orchard Park, and

 

WHEREAS, on May 19, 1982 a clarification of the Residency Law was stated by Councilman Curley following Town Board discussion and their interpretation of the law as passed, on advice of Counsel, as follows:

A) previously appointed employees of the Town of Orchard Park who are non-residents of the Town of Orchard Park are not effected, and B) previously appointed employees who

are residents of the Town are effected by the law and may not change their residency out-side the limits of the Town.

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to rescind Resolution #4 of Town Board meeting 1/4/84 in the matter of the appointment of Mark Van Remmen, 33 Arrowhead, West Seneca to the Fall/Winter/Spring Staff of the Recreation Department.

THE RESOLUTION FAILED TO GET A SECOND

 

Councilman Curley upon failure to get a second to his motion stated the above person was erroneously and/or unlawfully appointed. He reminded the members of the Town Board they in fact did pass the residency law on May 5, 1902.

 

13) 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 direct the Supervisor to execute the Snow Removal 3 year Contract with the County of Erie at $900.00 per lane mile for the year 1983-1984 as recommended by the Highway Superintendent, and be it further

 

RESOLVED the charge per lane mile shall be negotiable each year.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Councilman Mills reported on the first meeting of the Zoning Commission held on Monday 1/16/84. The Commission had a very constructive meeting setting the ground rules and focusing on a work plan to lead to specific objectives. Hopefully by April, the review of the Master Plan shall be completed, or at least nearly completed.

 

14) 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 schedule a bid opening on February 7,1984 at 2:00 P.M. EST in the Supervisor's Office for one (1) new 1984 un­marked Police Car as recommended by the Police Chief, and be it further

 

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

15) 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 the request from the Highway Superintendent to schedule a bid opening at the Highway Office, 4350 South Taylor Road on February 13, 1984 at 11:00 A.M. EST for "Road Building Materials" for the year 1984.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Town Highway Superintendent Ronald Geitter requested the Refuse Committee to consider changing the hours for trash collection in the Town during the months of November to April from 7 A.M. to 8 A.M. as garbage cans etc. are posing a problem for his depart­ment when snow plowing.

 

16) 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 increase of Life Insurance from $3,000.00 to $5,000.00 and to add Dental A B C D to the Health Coverage for all non union employees effective 1/1/+ as recommended by the Town Auditor.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPT ION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #1, following auditing by members of the Town Board and in the funds indicated:

 

WARRANT #1

GENERAL FUND                  $ 88,415.16

PART TOWN FUND                3,102.26

FEDERAL REVENUE SHARING FUND  1,117.24

HIGHWAY FUND.                 19,347.77

SPECIAL DISTS. FUND           169,970.73

TRUST & AGENCY FUND           49,772.24

CAPITAL FUND (S.S. #18)       8,500.00

HUD COMMUNITY DEV. FUND       45,320.20

DEBT SERVICE FUND             103,970.00

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

18) THE FOLLOWING RESOLUTION WAS OFFED 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. Town of Wales, copy of Resolution of Town Board Meeting 12/31/83 re: Completion of the Erie County Real Property Information System Project.

2. Mayor James D. Griffin, City of Buffalo - Acknowledge receipt of certified copies of Town Board meeting adjourned in honor of five deceased City of Buffalo Firemen.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

19) 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 Reports as entered on the Agenda:

1. Town Clerk's Annual Report for 1983

2. Town Justices Bray and Brown, Jr. Annual Report for 1983

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:05 P.M. EST.

 

Respectfully submitted,

 

 

Betty X. Reukauf

Town Clerk