Reg. Mtg. #1 Mtg. #19 8/17/88 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 17th day of August, 1988 at 8:00 P.M. EDT and there were

PRESENT AT ROLL CALL: E. B. Woodard Supervisor

D. J. Mill Councilman

D. P. Curley Councilman

J. J. Mills Councilman

P. D. Barnas 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.

PUBLIC HEARING

At 8:05 P.M. EDT, the advertise 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 a1.81± acre parcel of land from I-1 to R-3 located to the rear at Ellis Road and California Road as petitioned by David Reid to construct a two family residential unit.

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

David Reid, 386 Adam Street, Tonawanda, N.Y. - Petitioner

OPPONENTS

No one spoke.

1 ) 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 the rezoning petition of David Reid be and is hereby closed at 8:07 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, following due and timely notice, a public hearing relating to the matter of

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

To rezone a 1.8t acre parcel of land from I-1 to R-3 located to the rear at Ellis

Road and California Road as petitioned by David Reid to construct a two family residential unit

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park,

New York on the 17th day of August, 1988 at which all Interested parties were given an opportunity to be heard, and

WHEREAS, "No Recommendation" from the Erie County Department of PLanning, pursuant to

Section 239-m of the General Municipal Law was received and filed by the town Board, and

Reg. Mtg. # Mtg. #19 8/17/88 Page 2

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and

WHEREAS, the Town Board did Declare a Negative SEQRA Declaration NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from 1-1 to R-3 all tract or parcel of land bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Orchard Park, County of Erie and State of New York, being part of Lot No. 32, Township 9, Range 7 of the Holland Land Company's Survey and according to map filed in the Erie County Clerk's Office under Cover No. 2349 known as parcel marked "Exception", described as follows:

BEGINNING at a point in the northeasterly line of California Road at the northwest corner of lands conveyed to Eugene Ingelfinger by deed recorded in the Erie County Clerk's Office in Liber 8053 of Deeds page 289; thence easterly along the north line of said lands, five hundred forty and sixty-four hundredths (540.64) feet to the northeast corner thereof; thence southerly along the east line of

said lands, four hundred eighty-six and sixty-seven hundredths (486.67) feet to the north line of Ellis Road; thence westerly along the north line of Ellis Road, thirty (30) feet to the southeast corner of subdivision lot No. 5, according to map filed in said Clerk's Office under Cover No. 2349; thence northerly along the east line of subdivision lot No. 5, two hundred (200) feet to the northeast corner thereof; thence westerly. along the north line of. subdivision lots Nos. 5 and 4, one hundred eighty-four and forty-eight hundredths (184.48) feet to the northwest corner of subdivision lot No. 4, said point being also the southeast corner of a • parcel marked exception on said Cover Map; thence northerly along said parcel and along the easterly line of subdivision lot No. 1, according to map filed in Erie County Clerk's office under Cover No. 2349, two hundred fifteen and eighty eight hundredths (215.88) feet to the northeast corner of subdivision lot no. 1; thence westerly along the north line of subdivision lot No. 1, two hundred seventy (270) feet to the northeasterly line of California Road; thence northerly along the northeasterly line of California Road, fifty seven and thirty one hundredths (57.31) feet to the point of beginning.

This Ordinance shall take effect ten (10) days after publication and posting in accordance with law

and be It further

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 264 and 265 of the Town Law.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING

To rezone approximately 1.93 acre parcel of land located at 3954 Taylor Road from 1-1 to R-4 as petitioned by Joseph Campion for the construction of residential units.

Reg. Mtg. # Mtg. #19 8/17/88 Page 3

PROPONENTS

Joseph Campion, 6696 East Webster Road, Petitioner OPPONENTS

No one spoke.

3 ) 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 the rezoning petition of Joseph Campion be and is hereby closed at 8:10 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, following due and timely notice, a public hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

To .rezone approximately 1.93 acre parcel of land located at 39514 Taylor Road from, 1-1 to R-14 as petitioned by Joseph Campion for the construction of residentlal units was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park,New York on the 17th day of August, 1988 at which all Interested parties were given an opportunity to be heard, and

WHEREAS, No Recommendation" from the Erie County Department of PLanning, pursuant to

Section 239-m of the General Municipal Law was received and filed by the town Board, and

WHEREAS, approval from the Town of Orchard Park Planning Board was received and flied with the Town Board, and

WHEREAS, the Town Board did Declare a Negative SEQRA Declaration

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from I-I to R-4 all tract or parcel of land bounded and described as follows:

Beginning at a point on the centerline of Taylor Road, approximately five hundred thirty (530.0) feet north west of the intersection of Taylor and Ellis Roads; thence northeasterly along the centerline of Taylor Road three hundred ninety seven and seventy nine hundredths (397.79) feet; thence southwesterly at an included angle of 90°59' and along the centerline of creek or ditch seventy five and five tenths (75.5) feet; thence southwesterly and along centerline of creek or ditch and at an included angle of 196°42' one hundred to

Reg. Mtg. Mtg. #19 8/17/88 Page 4

three and fifty three hundredths (103.53) feet to the northeasterly right. of way line of the Rochester and Pittsburg Railroad Company; thence southeasterly along the right of way five hundred seventy two and ten hundredths (572.10) feet; thence easterly at an included angle of 131°22' forty six and sixty two hundredths (46.62) feet; thence northerly and at right angles two hundred thirty nine and eighty six hundredths (239.86) feet to the point of beginning.

This Ordinance shall take effect ten (10) days after publication and posting In accordance with law

and be It further

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 264 and 265 of the Town Law.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. PUBLIC HEARINGS

At 8:05 P.M. EDT, the advertised time, the Supervisor called for the Public Hearings to hear all interested parties and citizens for or against the adoption of the following Public Hearings:

#3-Proposed establishment of extension #2 of Orchard Park Water Distirct #17

#4- Joint Increase and Improvement of facilities in Orchard Park Water District #9 & #15

#5-Increase and Improvement of facilities in Orchard Park Water District #11

#6-Increase and Improvement of facilities in Orchard Park Water District #15

#7-Increase and Improvement of facilities in Orchard Park Water District; #9, #9-1, #9-2, #9-3, #9-4

Affidavits of Publication and Posting of the Legal Notices .of the Public Hearings were presented, read aloud and filed with the Town Board by the Town Clerk. The affidavits are entered into and attached to these minutes.

At this time Town Attorney Leonard Berkowitz explained the following:

Each increase and improvement to said water districts and the establishment of extension 2 of water district #17 relate to the project contemplated to replace the Village water facilities, which shall be terminated in the near future as soon as this project is completed, if the Town Board approves.

Mr. Berkowitz turned the hearing over to Mr. John Reid and Mr. Richard SanGiacomo from the consulting Engineers who reviewed for the audience the proposed project, the pro-posed project will consist of 14 separate projects but they are all interrelated. They reviewed the background, the description of the proposed facilities the source of sup-ply and water demands, and the estimated cost to homeowners, including bonding amounts and costs. It is proposed the Erie County Water Authority operate and maintain the district under Lease Management. The Erie County Water Authority rate for water is lower than the Village rate. The additional hydrants proposed hopefully would reduce the insurance coverage for owners. The majority of Eagle Heights residents, hopefully shall be able to remove their existing pumps.

PROPONENTS

Dennis Wagner, 263 Stonehenge Drive - water from West Falls is dirty and the water pressure is very low.

Thomas Morrow, Village Trustee - stated this is a joint effort of the Town and Village and urged the Town to adopt these proposals.

Reg. Mtg. # 16 Mtg. #19 8/17/88 Page 5

Several people in the audience spoke and requested clarification on several items, such as number of years for bonding, project designed for future growth, projected time frame for start of project etc.

Mrs. John Hayhurst, 7981 Ellicott Road was interested in where the Town of Aurora line is proposed.

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearings, #3,4,5,6,7, in the matter of the above water districts be and are hereby closed at 8:40 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Town Attorney Berkowitz stated another public hearing shall be held in the matter of the creation of Water District #17 extension #2 and the Joint Increase and Improvement of facilities in Orchard Park Water Districts #9 and #15 due to a publication error. After these Public Hearings the Town Board shall act on all the ones that were included in the Public Hearings this evening.

THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT: Rescinded 9/7/88

RESOLVED that the Town Board be and is hereby authorized to adopt the Orders scheduling a Public Hearing on September 7, 1988 at 8:05 P.M. EDT in the following matters:

1. Establishment of Extension #2 of Orchard Park Water District #17 and

2. The Joint Increase and Improvement of facilities in Orchard Park Water Districts #9 and #15

and be it further

RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof, and be it further

RESOLVED a copy of said Orders are attached to these to these minutes.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - B. Nicosia, 46 Briar HiII Rd. - faulty concrete.

Mr. Ben Nicosia, 46 Briar Hill Road - appeared before the Town Board requesting the Town replace faulty concrete curbing. He explained that it has been 7 years - last year he came to the Town Board and Mr. Geitter agreed to replace it and be at the residence the next day. Mr. Geitter stated he never agreed to replace the gutters and he did go to inspect the area following said meeting. However, he shall not replace until next year as his work schedule is full and he is replacing gutters on Countryside Lane and South Lane.

Reg. Mtg. #16 8/17/88 Page Mtg. #19 6

Old Business #2 - Amend Youth Board Resolution of 6/17/81.

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 amend Resolution #14 of Town Board Meeting 6/17/81, which provided as follows:

WHEREAS, the Town Board did have a work session with the Youth Committee and evaluated the need and merit of the establishment of a Youth Board, and a Youth Director, and

WHEREAS, the Youth Board as a Citizens Committee performed an outstanding job in re-searching the problems of our youth, and

WHEREAS, after numerous meetings, dialogue, my own experiences and research and a strong concern to try to tie together all existing facilities together to better understand and solve the many existing problems of our youth, the Town Board believes the problems relative to our community's youth are far reaching, visible in every section of our town and axe of extremely serious concern to the Town Board

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the appropriate documents authorizing the release of Town Funds in an amount not. to exceed Twelve Thousand ($12,000.00) Dollars to be used for hiring an Orchard. Park Youth Bureau Director, and those related expenses that have been deemed appropriate by the Orchard Park Youth Board, and be it futher .

RESOLVED that this financial transaction be accomplished with the guidance of the Town Auditor, John Malloy, in such a manner that the Town of Orchard Park shall take maximum advantage of matching funds allocated by the State of New York and or other governmental agencies, and be it further

RESOLVED that the designated members of the Orchard Park Youth Board be given full status as a Youth Board and that said Board be and: is hereby directed to screen all interested and qualified applicants for the position of Youth Bureau Director and submit their recommendations to the Town Supervisor for official appointment by the Town Board, and b( it further

RESOLVED the Orchard Park Youth Board designate one of its members as laison in all matters of related business with the Orchard. Park Town Board, and be it further

RESOLVED the Town Board designate one of its members as laison to the Youth Board and who shall attend all meetings of the Youth Board, and be it further•.

RESOLVED that the Town Board liaison to the Youth Board shall be designated as a yearly appointment at the Organizational Meeting in January of each year and such liaison may be reappointed or a new appointment be made at the direction of the Town Board..

To read as follows:

WHEREAS, the Town Board did have a work session with the Youth Committee and evaluated the need and merit of the establishment of a Youth Board and a Youth Bureau, and a Youth Director, and

WHEREAS, the Youth Board as a Citizens Committee performed an outstanding job in re-searching the problems of our youth, and

.NOW, THEREFORE, be it

Park Youth Bureau Director, and those related expenses that have been deemed appropriate by the Orchard' Park Youth Board,' and be-it further

Reg. Mtg. #16 Mtg. # 19 8/17/88 Page 7

RESOLVED that the designated members of the Orchard Park Youth Board and Youth Bureau be given full status as a Youth Board and that said Board be and is hereby directed to screen all interested and qualified applicants for the position of Youth Board and Youth Bureau Director and submit their recommendations to the Town Supervisor for official appointment by the Town Board, and be it further

RESOLVED the Orchard Park Youth Board and Youth Bureau designate one of it's members 3s liaison in all matters of related business with the Orchard Park Town Board, and be it further

RESOLVED the Town Board designate one of it's members as liaison to the Youth Board and Youth Bureau and who shall attend all meetings of the Youth Board and Youth Bureau, and be it further

RESOLVED that the Town Board liaison to the Youth Board and Youth Bureau shall be designated as a yearly appointment at the Organizational Meeting in January of each year and such liaison may be reappointed or a new appointment be made at the direction of the Town Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - RE: Schedule Public Information Meeting for 8/31/88 Town Hall Expansion Removed from the Agenda.

Old Business #4 - Intern'1.Brotherhood Electr.,California Rd.- Building addition.

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from International Brotherhood Eletrical Workers, Local #41, 3564 California Road for a Building Permit for a 70' x 130' addition to existing building for use as a training facility, and be it further

RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 8/10/88.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #5 Highland Hills,Bridle Path - Rezoning for Townhouse Development.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a Public hearing on 10/5/88 at 8:05 P.M. EDT in the matter of the request from Highland Hills, Inc., vacant land south side of Bridle Path, west of Freeman Road to rezone 25± acres from R-I to 'F-pt-R-3 Special Exception Use for construction of a 68 unit Townhouse Development, and be it further

RESOLVED the Planning Board on 8/10/88 did recommend denial of said request as it would constitute spot zoning, increase planned density for this area and is inconsistent with

the Comprehensive Zoning Plan, and be it further

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

Reg. Mtg. # 16 Mtg. #19 8/17/88 Page 8

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #6 - Dr. E. Gicewiez, Scherff Rd. - Rezoning for single_ family subdivision.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 9/7/88 at 8:05 P.M. EDT in the matter of the request from Dr. Edmond Gicewiez, vacant land on west side of Scherff Road approximately 1 mile south of Route #240 to rezone 83± acres from A-1 to R-1 for construction of a single family subdivision, and be it

further

RESOLVED the Planning Board on 8/10/88 did recommend denial of said request as it would constitute spot zoning, increase planned density for area and is inconsistant with the Comprehensive Zoning Plan and this land may be developed as a single subdivison in it's present zoning, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #7 - Southtowns Nissan (SAAB), Southwestern Blvd. - Car Dealership.

11) 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 approve the request from Southtowns Nissan, Inc. (Southtowns SAAB Auto Dealership), 3580 Southwestern Blvd. for a Building Permit for construction of a 10,000 sq.ft. car dealership with service facilities, and be it further

RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 8/10/88

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - 1989 Division of Youth Project Application.

12) 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 direct the Supervisor to sign the 1989 Division of Youth Project Application requesting State Aid in the amount of Eighteen Thousand Six Hundred four ($18,604.00) Dollars as recommended by the Recreation Director and Youth Board Director.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

177

Reg. Mtg. #16 Mtg. #19 8/17/88 Page 9

New Business #2 -John Solomon, Ward Rd., Boston - Out of District Water Customer.

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 approve the request from John Solomon, 6551 Ward Road, Boston, N.Y. to become an Out of the District Water Customer in Orchard Park Water District #17.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 -Recreation Summer Staff.

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

RESOLVED that the Town Board be and is hereby authorized to approve the following appointment to the summer Recreation Staff as recommended by the Recreation Director:

Alison Galbraith 28 Cherry Tree Lane Life Guard $4.15/HR

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. New Business #4 - Carriage Drive.

John Kramer, Vice President of the Carriage Drive Homeowners Association appeared before the Town Board in the matter of the proposed removal of approximately one dozen trees that are in the right of way, for the purpose of connection into the sewer system for a duplex being built by the Town Building Inspector Robert Sweet. The residents of the complex feel this will detract from the appearance of the complex area and will add to the noise as these serve as a noise buffer. Also if the SEQRA Declaration that was filed does not include the removal of these trees, it should be made null and void and a new one filed.

Supervisor Woodard stated the Town Board has met Mr. Sweet and requested that nothing more be done in said area until more information is received.

Councilman Mill reported that the Town Board shall request the Town Engineer to take a further look at the project as designed, especially in the matter of the proposed sewer line, and see if there is an alternative to the proposed sewer connection area.

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

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to proceed with dedication of Braunview Estates, Part 2 as constructed under P.I.P. 8c8 by Watch Hill Development Corp., pending completion of all items listed on the

punch list and receipt of maintenance security, and be it further

RESOLVED those areas dedicated in Part 1 as temporary easements for easements for service and access from Baker Road are to be dedicated as Public Right of Way at this time, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg.#16 Mtg. #19 8/17/88 Page 10

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

WHEREAS, the Town Board did receive a letter from the Board of Fire Commissioners voicing their concerns in the matter of inspections of hazardous materials, and

WHEREAS, the Orchard Park Fire District, with many other districts, lobbied hard and long with the New York State Legislature and the Fireman's Association of the State of New York to provide funds for the enforcement of the State-wide Fire Code, and

WHEREAS, funds here have been transmitted to the Town and Village of Orchard Park since 1982 with a joint total fund of approximately $100,00.00, and

WHEREAS, the Board of Fire Commissioners are concerned as to where these monies have been and are expended

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct John Malloy, the Town Auditor, to set up a fund, separate from the General Fund, if permissible by law, for the separate accounting of monies received and expended by the Town of Orchard Park in conjunction with the Fire Prevention and the Code enforcement of the State-wide fire code.

Before the vote was taken, John (Jonesie) Capriotto, Orchard Park Fire Commissioner, asked the Board if they can account for the expenditure of these funds as, according to his records, there has been no fire code enforcement in the last six years. The tags from some of the buildings that Mr. VanDeCarr, the Town appointed Hazardous Materials Inspector, inspected had the years 1981 and 1984 on them.

Dave Slotman, Chief of the Orchard Park Fire District, stated to date he has received only about 26± inspector reports and these were received during the last two months. If more have been done, the Fire Company does not have copies. It is important and vital to the Fire Companies to have copies of all inspections so that the firemen know what to expect if and when a fire happens in one of these areas.

A discussion was held by Councilmen Mill, Curley, "Jonesie" and Dave Slotman and it was decided many of these problems could be resolved by having a joint meeting.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

17) 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 schedule a work session on 8/24/88 at 7:00 P.M. EDT. wit the Board of Fire Commissioners, the Hazardous Materials Inspector, the Town Building Inspector, Disaster Coordinator and/or any other involved person to discuss the Ways and Means of inspection of hazardous materials, the implementation of the State-wide Fire Code and the use of the provided funds for the enforcement of the fire code.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the Right of Entry Document from the New York State Environmental Conservation Department to allow them to determine if any of the spill from the tank leaks seeped into the property at the Town Hall as recommended by the Town Attorney.

Reg. Mtg. # 16 Mtg. #19 8/17/88 Page 11

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Town Attorney Berkowitz reported he has received the final decision by the Courts which upheld the decision of the Town Board in the matter of the Stadium vs the Town of Orchard Park and Cetkovic vs the Town of Orchard Park.

19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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 Walter Padlow, 95 West Abbott Grove as a Crossing Guard for the Town of Orchard Park effective on the opening day of the school year in September 1988.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, upon recommendation of the Public Safety Committee and pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to adopt the Order to erect a stop sign on Braunview Way at the corner of Baker Road as recommended by the Police Chief, and be it further

RESOLVED that the Town Attorney be and is hereby directed to draw this Order in its proper form, and be it further

RESOLVED that the Superintendent of Highways be and is hereby directed to erect the proper sign upon receipt of this Order.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, upon recommendation of the Highway Superintendent and pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York,

NOW, THEREFORE, be it

ORDERED, that the following parking restriction be and is hereby established, effective immediately, along the following highway or portions thereof within the Town of Orchard Park outside of the Incorporated Village of Orchard Park:

parking shall be prohibited on the north side of Taylor Road from the Village line to the railroad tracks

and be it further

RESOLVED that the Town Attorney be and is hereby directed to draw this Order in its proper form, and be it further

Reg. Mtg. # 16 Mtg. #19 8/17/88 Page 12

RESOLVED that the Superintendent of Highways be and is hereby directed to erect the proper and necessary signs indicating the prohibition of parking on said highway in the Town of Orchard Park upon receipt of this Order.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SCOONDED BY COUNCILMAN BARNAS, TO WIT: Rescinded

RESOLVED that the Town Board be and is hereby authorized to schedule a bid opening on 9/27/88 at 11:00 A.M. EDT in the Conference Room for one (1) new rubber-tired articulated loader as requested by the Highway Superintendent and as provided in the budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

23) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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 P.I.P. #193 Braunview Estates, Part 3, consisting of 39 sublots as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign an agreement with DiDonato Associates, 443 Delaware Ave., Buffalo, New York for consultant inspection services on P.I.P. #193 for the construction of Braunview Estates Subdivision, Part 3, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Town Engineer was authorized to receive informal bids for the demolition of a house located at 4321 South Buffalo Street, as proposed as a part of the proposed Orchard Park Municipal Building Expansion Project

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to award the bid for the demolition of a house on the property located at 4321 South Buffalo Street to Walt's Tree Service, Inc., 69 Cemetery Road, Lancaster N.Y. in an amount not to exceed Five Thousand Eight Hundred seventy-five ($5,875.00) Dollars, they being the lowest responsible bidder thereof and as recommended by the Town Engineer.

Reg. Mtg. #16 Mtg. #19 8/17/88 Page 13

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

26) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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 9/2/88 at 10.00 A.M. EDT in the Town Board Meeting Room for the construction of Quaker Centre Industrial Park, Phase III as recommended by the Town Engineer, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

27) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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 9/2/88 at 10:15 A.M. EDT in the Town Board Meeting Room for the construction of Quaker Centre Industrial Park, Phase IV as recommended by the Town Engineer, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

28) 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 #15, following auditing by members of the Town Board and in the funds indicated:

WARRANT #15

GENERAL FUND $159,937.54

PART TOWN FUND 5,764.57

HIGHWAY FUND 120,888.149

SPECIAL DISTRICTS FUND 83,323.57

TRUST & AGENCY FUND 47,559.72

CAPITAL FUND (Norstar) 2,850.00

THE RESOLUTION UNANIMOUSLY ADOPTED.