Reg. Mtg. #9    Mtg. #11

5/2/84  Page 1

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 2nd day of May, 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

 

ABSENT:

 

Betty K. Reukauf Town Clerk

L. Berkowitz    Town Attorney

R. W. Sweet    Building Inspector

R. C. Henning   Police Chief

M. R. Merritt    Town Engineer

R. A. Geitter     Highway Supt.

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 4/18/84, as presented by the Town Clerk, be and are 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 - Approve Entrance Signs for Four Seasons Restaurant (and Super Duper).

1) 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 Entrance and Exit signs to be erected on Orchard Park Road and Weiss Avenue for Four Seasons Rest­aurant, S3090 Orchard Park Road.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - Approve Entrance Signs for (Four Seasons Restaurant). and Super Duper.,

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 approve the Entrance and Exit Signs as requested by S.M. Flickinger Co., Inc. (Super Duper), S3930 N. Buffalo Rd.

Before the vote was taken, a discussion was held by the Town Board re: sketches sub­mitted for approval.

Councilman Mill withdrew his motion and Tabled the mater for further review, and the matter shall be referred to the Safety Committee for review.

THE RESOLUTION WAS TABLED.

,New Business #1 - Resignation of William Thornton from Conservation Board.,

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

WHEREAS, William Thornton, 3836 North Buffalo Road, has shared his profuse energy and talents with town government and the Orchard Park community

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to accept with regret the resignation of William Thornton from the Conservation Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - R.H. Caputo, 5820 Big Tree Rd. - Change in Use of building to business.

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 the Conservation Board the request from Raymon H. Caputo, 5820 Big Tree Road for a Change in Use of building from residential to business.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - E & M Fabrication & Welding, 3566 S. Benzing Rd. (formerly Quaker Fence).

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 refer to the Planning Board and Conservation Board the request from E & M Fabrication and Welding Corp., 3566 South Benzing Road (formerly Quaker Fence Co.) for a building permit to build a 3,000 sq. ft. addition to present building.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

6) 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 request from Allison Arlen, Assessor, to attend the Appraising Seminar for Assessors at Cornell July 22 - 27, 1984 at town expense and as provided in the budget.

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 increase and improvement of facilities of Sanitary Sewer #18 in the area of California Rd. and Southwestern Blvd.,' south to Ellis Rd. .

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.

PROPONENTS

1. Donald Kam - 8 Briar Hill Road - owner of 1,500 foot frontage on California Rd.

2. Richard Schneider - 99 Henning Drive

OPPONENTS

1. Earl McFeely - 3965 California Road

2. Robert Pellien - 3964 California Road

3. Robert Frantsits - 4270 California Road

Town Engineer Michael Merritt reviewed for the audience the area proposed for improve­ment, the estimated cost and the area covered by each proposed phase.

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

RESOLVED that the public hearing in the matter of increase or improvement of facilities of Sanitary Sewer #18 in the area of California Rd. and Southwestern Blvd., south to Ellis Rd. be and is hereby closed at 8:41 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8) 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 appointment of Barbara Lee Kay, 6525 Scherff Road as Clerk to the Zoning Board, Planning Board and Conservation Board,, Part-time, effective May 1, 1984.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

9) 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 purchase of one (1) Composite Photo ID System consisting of 1 Camera,' Power Die Cutter, Mini Lam­inator and Carry Case at a cost not to exceed One Thousand Six Hundred forty-nine ($1,649.00) Dollars, State Bid price, from General Binding Corp., 80 Sugg Road, Buffalo, New York 14225, and be it further

RESOLVED this shall be vouchered from Contingency Fund.

THE RESOLUTION WAS UNANIMOUSLY

10) 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 purchase of one (1) T-320 Therm-ad-Bind Presentation System by the Town Engineering Department at

a cost not to exceed Nine Hundred seventy-one Dollars and seventy-five cents ($971.75), State Contract Bid from General Binding Corp., 80 Sugg Road, Buffalo, New York 14225 as provided in the Engineering budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 appointment of Brian Campbell, 50 Maple Drive, Orchard Park as Engineer's summer help for a period of sixteen (16) weeks at a $4.00/hr wage, effective 5/14/84 as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Woodard reported the Yates Park Green Lake sign facing South Buffalo Street had been vandalized and thrown into Green Lake. Fortunately, members of the Town work staff were able to confiscate it and it has now been replaced.

Councilman Diggins reported 1) renovation work at Yates Park is progressing and 2) on April 6, 1983 Supervisor Woodard reported the Village of Orchard Park would take care of the request to eliminate parking spaces at the driveway to the Town Hall on South Buffalo Street,' To date nothing has been done, and this is a grave safety hazard. Supervisor Woodard stated he has discussed this problem with the Village D.P.W. and the State of New York must remove and replace signs. He shall be attending the next Village Board meeting and will try to get some added information.

Councilman Mill reported 1) on a letter received from New York State Electric & Gas Corp. reporting vandalism in Imperial Park Subdivision to 14 street lights. Previously, the light company has absorbed the cost of replacements. Now, the cost is being billed to the Town and it is very costly, and 2) thanked the Building Inspector for his in-formative report on the Building Inspectors Seminar at Rochester, N.Y. .

Councilman Mills publicly thanked Mr. Woodard for his help in having three young men from Orchard Park appointed to the tentative summer work staff of South Towns Sewer.

12) 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 American Legion Auxiliary to sell poppies in the Town of Orchard Park on May 18 and 19, 1984.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, this Sunday, May 6, 1984, the Church of The Nativity of Our Lord will celebrate it's 75th Anniversary, and

WHEREAS, throughout it's existence The Nativity of Our Lord Church has been a Center of civic, cultural and religious activities, and

WHEREAS, Nativity Parish has contributed to the moral and educational enhancement of the citizens of Orchard Park, and

WHEREAS, the Parishoners, Staff, Nuns and Priests have heightened the quality of life in Orchard Park

NOW, THEREFORE, be it

RESOLVED, this governing Board of the Town of Orchard Park sends it's congratulations to the Community at The Nativity of Our Lord Church and extends it's best wishes for contin­ued prosperity in the years to come.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Town Highway Superintendent Ronald A. Geitter to the Town Zoning Commission as a voting member.

E. B. Woodard X

J. J. Diggins      X

D. J. Mill          X

D. P. Curley     X

J. J. Mills          X

THE RESOLUTION WAS DULY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the payment of Claim from Zambelli Fireworks Manufacturing Co., Inc., P.O. Box 1463, New Castle, PA. in an amount not to exceed One Hundred Twenty-five ($125.00) Dollars for the cost of the extra day spent in Orchard Park in July 1983, because of inclement weather on agreed date for fireworks, to allow them to fulfill the contract on 7/5/83.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, 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 sign the Contract with Zambelli Fireworks Manufacturing Co., Inc., P.O. Box 1463, New

Castle, PA. to supply    fireworks for the July 4th, 1984 celebration in an amount not

to exceed Two Thousand Two  Hundred ($2,200.00) Dollars, and be it further

RESOLVED that the    Supervisor be and is hereby directed to request the Village of Orchard Park to participate monetarily in this celebration.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Town Engineer Michael Merritt filed a report on the drainage problem in the Iroquois / Bielak area for review by the Town Board. The ditch in the north side of Lake Avenue was cleaned last year and it did alleviate some of the problems. This report recommends the placement of a swale at a cost of approximately $1,000.00 to be funded from the Drainage Fund.

17) 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 #8 and the End of Month Warrant for April, 1984 following auditing by members of the Town Board and in the funds indicated:

WARRANT #8            END OF MONTH

GENERAL FUND       $7,449.59        $56,442.16

PART TOWN FUND  639.26 2,492.55

FEDERAL REVENUE SHARING FUND      1,479.00          1,117.24

HIGHWAY FUND      3.839.96          18,209.41

SPECIAL DISTRICTS FUND            1,651.79          5,797.26

TRUST & AGENCY FUND   542.04 10, 665.24

DEBT SERVICE FUND          -           66.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) 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 receive and file all Communications as indicated on the Agenda:

1. N.Y.S. Elect. & Gas - Notice of Installation of 3 - 3200 PT, MV on Independence Dr. authorized by resolution adopted 12/21/83.

2. Town of Concord and Town of Amherst - Resolution memorializing County of Erie to establish $15.00 or $20.00 reimbursement to Town for STOP - DWI Program.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

19) 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 the Building Permits and the Building Inspector's Report for April, 1984 as entered on the Agenda.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

John Krisher, 5027 Bussendorfer Road - The 12 foot Town easement along the side of his property is the cause of flooding when we have hard rains. He asked the Board the status of the study being made re: the drainage in this area. Town Engineer Michael Merritt stated the report is overdue and hopefully it shall be filed with the Town Board within the next several weeks.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:17 P.M. EDT.

Respectfully submitted,

Betty. Reukauf Town Clerk