Reg. Mtg. #214 Mtg. #29 12/21/88 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 21st day of December 1988 at 8:00 P.M. EST 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

M. R. Merritt Town Engineer

ABSENT: R. A. Geitter Highway Superintendent

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 BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 12/7/88, 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.

Old Business #1 - Quaker Meadows Condo. Assoc., Carriage Dr. - 7 car garage.

1 ) 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 Quaker Meadows Condominium Assoc., Carriage Drive for a Building Permit for construction of seven (7) car garage at rear of #100 Carriage Drive and does hereby declare a

Negative SEQRA Declaration as recommended by the Planning Board 12/114/88.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Mary Alice's Dance Studio N. Buffalo Rd. - addition.

2 ) 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 request from Mary Alice's Dance Studio, 3815 N.Buffalo Rd. for a Building Permit for a 214' x 32' addition to present building with stipulations and does hereby declare a Negative SEQRA Declaration as recommended by the Planning Board 12/114/88.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #24 Mtg. #29 12/21/88 Page 2

New Business #1, #2 and #3 (not on agenda) - Referrals to Planning Board.

3 ) 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 refer to the Planning Board and Conservation Board the following items as entered on the agenda:

#1 - Gary Eckis, south side of Rt 20A at Rt 219 exit. Requests rezoning from R-3 to D R approximately 32 acres.

#2 - Eastwood Associates and Professional Enterprises, Inc., 5285 Chestnut Ridge Rd. Requests approval of new signs for South Towns Medical Building, South Towns Professional Building and Oak Forest Apts.

#3 (not on agenda) - A.D.S. Development, Inc., 3646 California Road - Requests Building Permit for an office and warehouse building.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

4 ) 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 following transfers as recommended by the Department Heads:

1. Building Inspector Robert Sweet:

$100.00 from B3620.412 to B3620.401

$420.00 from B3620.445 to B3620.401

2.Highway Supt. Ronald Geitter pending explanation to Town Board):
	$1,000.00	from	DA5110.440	to	DA5140.402
	$6,775.00	from	DA5110.139	to	DA5110.170
	$5,000.00	from	DA5110.416	to	DA5110.170
	$ 8,750.00	from DA5110.473		to	DA5110.474
	$15,000.00	from	DA5130.200	to	DA5130.419
	$ 8,000.00	from	DA5140.416	to	DA5140.170
	$14,000.00	from	DA5142.170	to	DA5140.170

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

5 ) 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 following appointments to the Fall/Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director:

Mike Finnerty 6679 Jewett Holmwood Rd Golf/Inst. $10/HR

Thomas Callaghan 4017 N. Freeman Rd. Lifeguard $4.15/HR

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #24 Mtg. #29 12/21/88 Page 3

6 ) 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 following appointment to the Orchard Park Town Economic Development Committee to the fill the vacancy for the year 1988:

Rex Brown 23 Wellington Lane

E. B. Woodard nay

D. J. Mill aye

D. P. Curley aye

J. J. Mills aye

P. D. Barnas aye

THE RESOLUTION WAS DULY ADOPTION.

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

WHEREAS, the general contractor for the Sewer and Water Building, Loudon Building, Co. did not fully comply with the conditions of our contract in that they failed to pro-vide a two year maintenance bond, and

WHEREAS, as a result, the Town withheld payment of the 5% contract retention, and

WHEREAS, the two year maintenance period has expired and we have not had any problems with the building whatever

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the final payment in the amount of $9,519.40 to Loudon Building Co., Inc. for the construction of the Orchard Park Sewer and Water Building, Contract A as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8 ) 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 direct the Town Attorney to proceed with dedication of Royal Hill Subdivision as constructed under PIP #189 pending completion of all items listed as follows:

Sanitary Sewer:

1] clean debris from manhole steps and benches

2] locate source of infiltration between manhole #1 and manhole #3 and make repair 3. re-air test sections following repair

4] remove excess tar from all manholes as necessary

Drainage:

1] complete drainage swale on south lot line of project

2] pipe lot line swales to receivers at north and south ends of project

Roadway:

1] grind receiver grates to prevent rocking in frames as required

2] cut remaining underdrain pipes flush with inside of receivers

Water:

1] per forthcoming Erie County Water authority inspection and punch list (representative not in attendance at final inspection)

and be it further

RESOLVED the current Letter of Credit Performance Security ($45,000.00) shall be reduced to $30,000.00 and remain in effect until all construction items extended into 1989 are completed, as recommended by the Town Engineer.

Reg. Mtg. #24 Mtg. #29 12/21/88 Page 14

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Curley reported he attended a group meeting convened by the Buffalo Bills to discuss the handling of Emergency Service, if necessary, during the upcoming Bills games. It was made very clear that the Town of Orchard Park shall keep the protection of the residents of the Town as top priority and not the visitors to the game.

Councilman Mills noted that the hub of government and emergency service shall be, as always, the Town Hall with the Supervisor in command.

Chief Henning stated the Town of Orchard Park is very well prepared and the Emergency Management Plan which the Town of Orchard Park has is the best in the country.

Councilman Barnas reported he feels the Hunting Rules in Orchard Park are becoming

more hazardous every year, especially with all the new building, areas being constructed. Hopefully the Town Board shall get together with the New York State Conservation Department in the very near future and discuss these problems.

Councilman Mills reported the Ad Hoc Zoning Committee has made plans to meet twice a month and hopefully shall be prepared to file their suggestions to the Town Board

in March. He also thanked the Building Inspector and the Town Attorney for their input of ideas at the last meeting.

9 ) 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 all entries on Warrant #23 following auditing by members of the Town Board and in the funds indicated:

WARRANT #23

GENERAL FUND $112,579.18

PART TOWN FUND 3,989.142

HIGHWAY FUND 514,5514.87

SPECIAL DISTRICTS FUND 48,915.95

TRUST & AGENCY FUND 18,560.26

CAPITAL FUND (Norstar) 11,8142.50

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 receive and file the Communication as entered in the agenda:

1. E.C. Dept. of Environment & Planning - amended 11/17/88 - Article IV, Sec. 6 Schedule of Fees for Sanitary Sewer Plan approval to the E.C. Environmental Quality Control.

Before the vote was taken, Councilman Mill stated this schedule of fees includes fees to be paid by the builder and the Town Board shall have to decide how these fees shall be collected.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.