Reg. Mtg. #21     Mtg. #23    11/7/84     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 7th day of November, 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, led by Doug Palmatier, 27 Thomaston Lane, member of Boy Scout Troop #288,

who was observing the meeting as part of the requirements to complete a Scouting Badge.

 

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 10/17/84, 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.

 

At this time, Supervisor Woodard 1) conveyed congratulations to Dawn Herbeck, Buffalo News Reporter on her recent marriage, and 2) welcomed Gordon Soderholm, former Town Engineer to the meeting.

 

Old Business #1 - E.C.D.O.T. - O.P. accept jurisdiction/maintenance - portion Ellicott Rd.

 

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

 

WHEREAS, on 11/2/83 the Town Board did pass a resolution approving the transfer of .18 mile of Ellicott Road from Route 240 to Route 277 to the Orchard Park Highway System from the Erie County Division of Highways pending the completion of drainage and black-top in this Ellicott Road area, and

 

WHEREAS, this work has been completed and approved by the Town Highway Superintendent

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to accept the jurisdiction and maintenance of Ellicott Road from Route 240 to Route 277, CR#579, located in the Town of Orchard Park, as recommended by the Highway Superintendent, and be it further

 

RESOLVED this road area shall be removed from the Erie County Road System.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #2 & 3 - Rescind #22 of 10/17/84 - Set Bid Opening for Wood Chipper.

 

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

RESOLVED that the Town Board be and is hereby authorized to rescind Resolution #22 of meeting 10/17/84 scheduling a Bid Opening on 10/31/84 for one new Leaf Vac and Wood Chipper for the Highway Department, and be it further

 

RESOLVED the Town Board be and is hereby authorized to schedule a Bid Opening on 11/5/84 at 10:30 A.M. EST in the Conference Room for one (1) new Wood Chipper for

the Highway Department.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #4 - Award Bid for five new Police Cars.

 

3)                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 award the bid for five

(5) new Patrol Cars to Daniel's Chevrolet, Inc., 6185 West Quaker Street, Orchard Park, N.Y. in an amount not to exceed Forty-eight Thousand Six Hundred Thirty-three Dollars ($48,633.00) with trade of four (4) Patrol Cars, they being the lowest responsible bidder thereof, and as recommended by the Police chief.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #5 - Award Bid for one new Wood Chipper

 

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 award the bid for one (1) new Wood Chipper to Walter M. Roberts Enterprise, Inc., 829 Sheridan Drive, Tonawanda, N.Y., in an amount not to exceed Ten Thousand Forty-five Dollars ($10,045.00) they being the lowest responsible bidder thereof, and as recommended by the Highway Super­intendent.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #6 - Award Bid for Garbage Contract for 2 years starting 1/1/85.

 

5)                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 award the bid for the Refuse and Garbage Contract for two (2) years beginning 1/1/85 to B.F.I. Waste Systems, 4053 Milestrip Road, Blasdell, N.Y. in an amount not to exceed Two Hundred Eighty-eight Thousand Three hundred Twenty-nine ($288,329.00) Dollars/year for 5871 Units, they being the lowest responsible bidder thereof and as recommended by the Town Attorney.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 -B. Molino, Union Rd. - Change in Use of Barber Shop to Pizza/Italian Food.

 

6)                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 Bruno Molino, 3020 Union Road. for a Change in use of Barber Shop to Pizza/Italian Food Take-out.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #7 -B. Molino, Union Rd. - Change in Use of Barber Shop to Pizza/Italian Food.

 

7)                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 Bruno Molino, 3020 Union Road for a Change in Use of Barber Shop to Pizza/Italian Food Take-out with stipulation as recommended by the Planning Board 10/24/84, and be it further

 

RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #2 - R. Avino, Union Rd.-Change in Use, portion Auto Service to Barber Shop.

 

8)                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 Russell Avino, 3008 Union Road for a Change in Use to renovate portion of Automobile Service Station into Barber Shop.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #8 - R. Avino, Union Rd.-Change in Use, portion Auto Service to Barber Shop.

9)                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 Russell Avino, 3008 Union Road for a Change in Use to renovate portion of Automobile Service Station into Barber Shop as recommended by the Planning Board with stipulations 10/24/84 to landscape , and be it further

 

RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New   Business #3 - E & M Fabrication & Welding, S. Benzing Rd. - 4,000 sq.ft.      addition.

 

10)            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 & Welding, 3566 South Benzing Road for a Building Permit to construct 4,000 sq. ft. addition.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #4 - P. Halas, Southwestern Blvd. - retail Tropical Plant Store.

 

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 refer to the Planning Board and Conservation Board the request from Peter Halas, 2911 Southwestern Blvd. for a Build­ing Permit to construct a 2,400 sq.ft. retail Tropical Plant Store.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #5 - Doctors Medical Offices, portion Mercy Hospital land, seperate Building.

 

12)            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 Drs. Curtin, Smith, Depew, DeMarchi, Bevilacqua and Blum, 3669 Southwestern Blvd. (portion of Mercy Hospital land) for concept approval for seperate building.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #6 - Quakertown Auto Wash, N. Buffalo Rd. - 2,800 sq.ft. Storage Building.

 

13)            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 Quakertown Auto Wash, 3705 N. Buffalo Road for a Building Permit to erect 2,800 sq.ft. Storage Building at rear of property.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #7 (not on AGENDA) - T. Glenn, N. Buffalo Rd.,- Rezone from R3 to B2.

 

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 refer to the Planning Board and Conservation Board the request from Thom and Louisa Glenn, 3848 North Buffalo Road rezone property from R-3 to B-2.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

15) 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 following trans­fer as recommended by the Town Auditor:

 

$2,300.00 from A1990.480 Contingency to A1410.460 Codification of Ordinances

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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 following trans­fers as recommended by the Police Chief:

 

$2,000.00 from A3120.475 to A3120.407 and $2,000.00 from A3120.475 to A3120.443

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Supervisor Woodard reported

 

1) he was happy to announce the Town has received the fol­lowing checks from Jones Intercable as the 3% fee as per the Franchise Agreement:

 

$3,400.14 for the 2 month accounting period ending 2/29/84

 

$6,168.80 for the 4 month accounting period beginning 3/1/84 thru 6/30/84, and

 

2) he has been in touch with the Library Board Members to discuss the problems and possibility of the County closing of all Libraries. The Town shall do all that is pos­sible to try to help alleviate some of these problems.

 

Councilman Diggins,

 

1) reported the deficit in the County of Erie may place restrictions not only on Libraries and Highways but also on County Parks. The Town Board shall make themselves aware of all these things and attempt to help alleviate these problems if necessary and

 

2) commended Mr. Michalek for the creation of the beautiful park in the

back of the former K & B Building on North Buffalo Street in the Village, and also the

ea of the building complex on Chestnut Ridge Road.

 

17) 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 following ap­pointments to the 1984-1985 Fall/Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director and at the salary as stipulated in the budget:

 

SUBSTITUTES - AIDES     RATE  HR/WK

 

Colleen Brown     12 Fir Top Drive  $3.00 varies

Karin Swartout    30 Green Lake Drive     3.00  varies

Wendy Schaff      55 Countryside Lane, Apt. #8  3.00  varies

WRESTLING   RATE  HR/WK

Jeff O'brochta    26 Elmview  Director    $5.00 2

Steve Hobbs 57 Green Lake Dr. Ass't Director    4.00  2

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Councilman Mill reported the County of Erie has set up meetings for the HEAP Program for the coming year.

 

Councilman Curley requested -- information re: the Bubble at the Bills Stadium conforming with our Zoning Ordinances. The Building Inspector stated the Town of Orchard Park has no jurisdiction over this area as it is on County property. He also has had telephone calls relating to the uncovered Marlboro Sign at Rich Stadium. The Building Inspector shall contact the Bills in regard to this matter.

 

Councilman Mills reported the Zoning Commission reported the Zoning Commission has scheduled Public Meetings on 11/27 and 12/6/84 at 8:00 P.M. at the South Davis Elemen­tary School re: the proposed Zoning Amendments. It shall be published in the paper with the Zoning Map designating the map changes.

 

18)            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 adopt the following proposed Amendments to the Rules, Orders and Regulations of the Police Department of the Town of Orchard Park as recommended by the Police Chief and the Town Attorney:

 

Paragraph 30 (a) Members of. the Orchard Park Police Department are prohibited from contributing any money, directly or indirectly, to, or soliciting, collecting or receiving any money for, any political fund, or joining or becoming a member of any political club, association, society or committee.

 

Paragraph 36 m    Paragraph 36 M of the present rules should be amended to reflect the fact that the Town Board rather than the previously existing Police Commissioners, is designated to preside over the trial or hearing of charges placed against a police officer.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

19)            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 P.I.P. #152, Tremont Corp. - Fox Chapel Drive Subdivision Phase 2 pending the receipt of the neces­sary fees, bonds and legal papers as recommended by the Town Attorney.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

20)            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 #19 and the End of Month Warrant for October 1984, following auditing by

members of the Town Board and in the funds indicated:

 

WARRANT #19 END OF MONTH

GENERAL FUND                  $89,630.15  $58,144.93

PART TOWN FUND                3,037.80    2,526.69.

FEDERAL REVENUE SHARING FUND  6,088.98    2,123.76

HIGHWAY FUND                  51,908.64   15,539.15

SPECIAL DISTRICTS FUND        31,306.32   7,275.58

TRUST & AGENCY FUND           36,001.97   11,335.61

DEBT SERVICE FUND             -           1,066.00

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

21) 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 receive and file all communications as entered on the Agenda:

1.                Town Zoning Commission - Notice of Schedule of Public Hearings 11/27/84 and 12/6/84 at the South Davis Elementary School.

2.                N.Y.S. D.O.T. - Notice of "No Left Turn" from southerly driveway servicing La-Z-Boy onto Orchard Park Road, Routes 240 and 277.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

22) 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 Reports as entered on the Agenda:

 

1. Building Permits and Building Inspector's Report for October 1984.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:54 P.M. EST.

 

Respectfully submitted,

 

Betty K. Reukauf

Town Clerk