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 July, 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

 

June E. Cooper            Deputy Town Clerk

L. Berkowitz                Town Attorney

R. W. Sweet                Building Inspector

R. C. Henning               Police Chief

M. R. Merritt                Town Engineer

Betty K. Reukauf          Town Clerk - vacation

 

ABSENT:

R. A. Geitter     Supt. of Highways - illness in family

 

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered led by Joseph Biondo, member of Boy Scout Troop #590.

 

Supervisor Woodard. introduced Joseph Biondo, Mark Manual and Steve Gugliemi, members of Boy Scout Troop #590, Windom Volunteer Fire Co., who were here to observe the Town Board process as part of badge requirements.

 

New Business #1 - S. & C. Hayes, 3870 N. Buffalo Rd. - Rezone from R3 to B2 - Refer to P.B.,

 

1) 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 Sean & Camille Hayes, 3787 Baker Road, to rezone property located at 3870 N. Buffalo Road from R-3 to B-2 for use as a Beauty Salon.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #1 - S. & C. Hayes, 3870 N. Buffalo Rd. - Rezone from R3 to B2 - Public Hearing.

 

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 Hearing on 8/15/84 at 8:15 P.M. EDT in the matter of rezoning property at 3870 N. Buffalo Road from R-3 to B-2 as requested by Sean & Camille Hayes and as recommended by the Planning Board 7/11/84, and be it further

 

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #2 - International Cable - Permission for their System on Dorst, Brenner, Lexinton.

 

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

 

WHEREAS, the Town of Orchard Park does have an exclusive franchise agreement with Jones Intercable and the Town of Hamburg does have an exclusive franchise agreement with Inter-national Cable, and

 

WHEREAS, in order to service residents of Orchard Park ad Hamburg in the areas of the Abbott Road Town Line at the earliest possible time and at the least possible charge, and

 

WHEREAS, each Cable Company is anxious to begin service to the residents of each community and are in full agreement with the proposed exchange street locations

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to approve the request from International Cable, 789 Indian Church Road, West Seneca, N.Y. and Jones Intercable, 37 Central Ave., Lancaster, N.Y. to exchange the following street locations in the Town of Orchard Park and Town of Hamburg. Jones Intercable shall coordinate a Cable TV System on Burlbrook Drive and International Cable shall build a Cable System on Borst Drive, Brenner Drive and Lexington Avenue.

Before the vote was taken, Councilman Mill stated this is an acceptable procedure be­tween Cable TV Companies to attempt to service town border areas at the least possible cost and earliest possible time.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #3 - Remove from Table Personnel Rules & Regulations Amendment, Compensatory Time

 

4) 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 amendment, as recommended by the Town Attorney, to the Personnel Rules & Regulations adopted 1/1/84:

 

SECTION XVI            COMPENSATORY TIME

 

In lieu of overtime pay, an employee may have the option of receiving

earned compensatory time off equivalent to overtime hours worked by the employee. Compensatory time off may be taken in the minimum amount of 1/2 hour at the discretion of the Department Head, with records submitted to the Town Supervisor. However, compensatory time must be taken within one calendar month. from the date such compensatory time was earned.

 

THE RESOLUTION WAS UNANIMOUSLY 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 an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as fol­lows:

To rezone property from R-3 to B-2 on land located on the South side of Big Tree Road, West of Route 219, SL-5 and SL-6 of Map Cover 2398.

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 Deputy Town Clerk. The af­fidavit is entered into and attached to these minutes.

 

PROPONENTS

No one spoke

 

OPPONENTS

No one spoke.

 

5) 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 rezoning from R-3 to B-2 property

located at South side of Big Tree Road, West of Route 219, SL-5 and SL-6 of Map Cover 2398 be and is hereby closed at 8:17 P.M. EDT.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard discussed the rezoning with Mr. Myers who stated the proposed addition will be to the East of the existing building, West of Route 219. The Town Board will not act on the request for rezoning until preliminary plans have been submitted as this will enable the Town to keep control of building in that area.

 

Old Business #4 - Ron Corbo Oldsmobile, N. Buffalo Rd. - Change in Use to new Car Agency.

 

6) 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 Ron Corbo Oldsmobile, 3605 N. Buffalo Rd. (Gaymar/Laks Bldg.) for a Change in Use of storage/office to a new Car Agency as recommended by the Planning Board 7/11/84, and be it further

 

RESOLVED that the Town Board does declare a Negative Declaration under the SEQR Law and Regulations as recommended by the Planning Board.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #2 - Teen Challenge Canvass in Orchard Park.

Removed from the Agenda.

 

New Business #3 - Art Maul, 5375 Baker Road - Renewal of Excavation Permit #1-1984.

 

7) 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 renewal of Excavation Permit #1-1984 as requested by Art Mau), 5375 Baker Road and as recommended by the Town Engineer.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #4 - Henry Warning, 6961 Milestrip - Renewal of Excavation Permit #2-1984.

 

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 renewal of Excavation Permit #2-1984 as requested by Henry Warning, 6961 Milestrip Road and as recommended by the Town Engineer.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard congratulated Charles Ziemba, President of the Orchard Pik Jaycees for being honored by the National Jaycees. This is the first time that a Jaycee in New York State has been so honored.

At this time, Supervisor Woodard recognized Charles Ziemba, Chairman of the Quaker Arts Festival and President of the Jaycees in the audience. The Jaycees requested the use of a Town truck and 55 gallon drums for use of garbage control and the Town Highway to erect and dismantle snow fencing. After a discussion by Town Board members their request was referred to the Highway Superintendent.

 

9) 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 1983-1984 Snow Removal Contract with the County of Erie at $900.00 a lane mile as recommended by the Highway Superintendent.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

10) 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 following trans­fer as recommended by the Town Auditor:

$4,000.00 from CF1440.200 to CF1440.201 (New Master) Computer and Supplies

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard 1) requested from the Town Attorney the status of the Fawn Terrace Stop Signs. The Town Attorney reported the Order has been drawn, signed and forwarded to the Highway Department for erection of signs, and 2) reported - received a letter from a resident of Stepping Stone Lane area re: noise in the area.

 

11) 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 request from the Recreation Director to correct the typographical error in the wage schedule of Vito Borello, member of the Summer Recreation Staff appointed 5/16/84, from $2.60/HR to $3.20/HR, and be it further

 

RESOLVED that Town Board be and is hereby authorized to make this correction retroact­ive to his starting date on the Town payroll.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Curley reported on 1) the meeting with the Town Auditor who stated the Town of Orchard Park is in a very sound fiscal condition for the first 6 months of 1984 and hopefully this shall continue for the remainder of 1984 and 2) the need for review and adoption of procedure to be used by the Town Building Inspector to enforce clean up of over grown and unsightly town area lots.

 

12) 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, on advice of Counsel, pursuant to Section 64-5a of the Town Law, to direct the following property owners to cut, trim, or remove from the land owned by them, brush, grass, rubbish, or weeds or to spray poisonous shrubs or weeds on such land prior to August 1, 1984 and upon default the Town of Orchard Park shall cause such brush, grass, rubbish, or weeds to be cut, trimmed, or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying shall be assessed by the Town Board on the real property referred to herein:

 

Name   Address           Location of Property     Tax Number

Emma C. Barry            80 Woodhaven Rd.      vacant land south of      162.050-003-001.1

Orchard Park, NY       80 Woodhaven Rd.

J. Adamczyk    % Judith Ver Crysse     SL5 MC876    160.20-1-11

4460 Abbott Rd.          vacant lot southeast

Hamburg, NY  corner of Abbott Rd. and 20A

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

WHEREAS, the State Legislature has passed Senate Bill #2505B, and

 

WHEREAS, the Association of Towns has requested the Towns to urge Governor Cuomo to sign his legislation

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to request the Governor to sign Senate Bill #2505B increasing from $5.00 to $10.00 the fee the State shall pay to Towns and Villages for use of their court facilities.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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 approve the application for Public Improvement Permit #150 to install 237 L.F. of 8" pvc sanitary sewer extension in proposed Stonehenge Subdivision Parts 6,7,8 & 9 in Orchard Park S.S. #18 as recommended by the Town Engineer pending receipt of the necessary Bonds, approval of Erie County De­partment of Environment & Planning and filing of easements to the Town of Orchard Park from 32 Quaker Lake Terrace.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

15) 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 Warrant #13, following auditing by members of the Town Board and in the funds indicated:

 

WARRANT #13

GENERAL FUND                                           $ 89,312.33

PART TOWN FUND                                      2,602.32

FEDERAL REVENUE SHARING FUND      9,788.87

HIGHWAY FUND                                          25,081.12

SPECIAL DISTRICTS FUND                        120,179.48

TRUST & AGENCY FUND                           12,101.93

O.P./HAMBURG JOINT WATER DIST.       1,332.57

 

THE RESOLUTION WAS UNANIMOUSLY 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 Town Justice Bray and Town Justice Brown's summary report for the six month period ending 6/30/84 as reported to Audit & Control.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

17) 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 Orchard Park Jaycees to use Yates Park and the Pavillion for the Quaker Days events on July 20, 1984 from 5:00 P.M. to 9:00 P.M. pending receipt of a Certificate of Insur­ance.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

BUSINESS FROM THE FLOOR

Frank & Josephine Ciresi, 10 Diller - Reported drainage problems in their area for many years.

 

Supervisor Woodard requested the Town Engineer and the Town Highway Superintendent to inspect and review the area.

 

Supervisor Woodard requested the record show that the Superintendent of Highways is absent due to family illness.

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:55 P.M. EDT.

 

Respectfully submitted,

 

 

Betty. Reukauf

Town Clerk