Reg. Mtg. #13 Mtg. #15 7/ 6 /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 6th day of July, 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

Betty K. Reukauf Town Clerk

L. Berkowitz Town Attorney

Joseph Campion Asst. Building Inspector

R. C. Henning Police Chief

M. R. Merritt Town Engineer

ABSENT: R. W. Sweet Building Inspector - illness

R. A. Geitter Supt. of Highways

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered, led by Michael & George Boller, Scouts from Troop #285.

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

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 6/1/88, 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. PUBLIC HEARING

At 8:05 PM EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of a petition to extend Centre Drive 300 linear feet in the Quaker Centre Industrial Park, Phase 3.

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

No one spoke. OPPONENTS

Robert Frantsits, 4270 California Road

Blanche Corbo, 4182 California Road - Requests the Town to make sure all covenants are adhered to.

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 petition to extend Centre Drive be and is hereby closed at 8:09 PM EDT.

Before the vote was taken, a discussion was held by members of the Town Board in the matter of the enforcement of the covenants in the Quaker Centre Industrial. Park. Councilman Mills stated he is quite concerned about the residents' problems and feels the Town Board should adopt a resolution directing the Quaker Centre Associates to correct the violations to the covenants.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

N. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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2 ) 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 accept the dedication of the right of way to Cobham Drive from Quaker Centre Associates.

E. B. Woodard Aye

D. J. Mill Aye

D. P. Curley Aye

J. J. Mills Nay

THE RESOLUTION WAS DULY ADOPTED.

3 ) 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 Town Attorney to prepare the necessary documents and/or deed for execution by the Town Supervisor to convey to Quaker Centre Associates the unneeded portion of Cobham Drive right of way located in the Quaker Centre Industrial Park, which was conveyed to the Town of Orchard Park approximately 5 years ago, and be it further

RESOLVED AND DETERMINED, pursuant to Section 64-2 of the Town Law. this conveyance is subject to a permissive referendum, said premises being described as follows:

ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Orchard

Park, County of Erie and State of New York, being part of Lot 31,

Township 9, Range 7, of the Holland. Land Company's Survey described as follows:

COMMENCING at the intersection of the south line of Lot 32 and the westerly line of Centre Drive;.

THENCE: Southerly on a curve to the right, having a radius of 1243.24 feet, a distance of 362.41 feet;

THENCE: S-78°-26'-44'-W a distance of 120.00 feet to the Point.

of Beginning;

THENCE: Westerly on a curve to the left having a radius of 848.51 feet a distance of 266.57 feet;

THENCE: S-6O°-26'-44'-W a distance of 47.33 feet; THENCE: N-03°-16'-55'-E a distance of 58.09 feet;

THENCE: N-78°-26'-44' a distance of 292.34 feet to the Point of Beginning containing 0.123 acres.

By this conveyance, the grantor neither represents nor warrants that it has, or ever had, any right, title or interest, in any part of the above described lands.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to adopt procedures to be used by the Town to allow up to 90 days to respond to violations to the covenants for Quaker Centre, and be it further

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RESOLVED, failure by Quaker Centre Associates to remedy and/or respond to said violations in the allotted time, the Town Attorney shall proceed with any and all necessary court action.

Before the vote was taken, Supervisor Woodard stated he feels it should be 30 days not 90 days.

E. B. Woodard Nay

D. J. Mill Aye

D. P. Curley Aye

J. J. Mills Aye

THE RESOLUTION WAS DULY ADOPTED.

5 ) 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 adopt the Final Order approving the improvements to Centre Drive, and be it further

RESOLVED a copy of said Final Order be and is hereby attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

6) 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 adopt the Bond Resolution authorizing the Improvement of Centre Drive at an estimated maximum cost of $175,000.00 and authorizing the issuance of $175,000.00 Serial Bonds of said Town to finance said appropriation, and be it further

RESOLVED a copy of said Bond Resolution is attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. PUBLIC HEARING

At 8:05 PM EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of a petition requesting the improvement of a portion of a 60' x 100' right of way to construct approximately 2,800 linear feet of paving to be known as Cobham Drive.

PROPONENTS

No one spoke.

OPPONENTS

Robert Frantsits, 4270 California Road. Terry Yaeger Hutchison, 4202 California Road

Reg. Mtg. #13 Mtg. #15 7/6 /88 Page 4

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

RESOLVED that the Public Hearing in the matter of the petition to construct Cobham Drive be and is hereby closed at 8:28 PM EDT.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8) 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 adopt the Final Order approving the construction of a proposed road to be known as Cobham Drive at an estimated maximum cost of $1,241,500.00, and be it further

RESOLVED a copy of said Final Order is attached to these minutes,

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

9) 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 adopt the Bond Resolution authorizing the construction of a road to be known as Cobham Drive at a maximum cost of $1,241,500.00 and authorizing the issuance of $:1,241,500.00 Serial Bond to finance said appropriation, and be it further

RESOLVED a copy of said Bond Resolution is attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. PUBLIC HEARING

At 8:05 PM EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of a petition for the Increase and Improvement to Orchard Park Water District #4x 1 for the expansion of Quaker Centre Industrial Park.

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

No one spoke.

OPPONENTS

Robert Frantsits, 4270 California Road

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Reg. Mtg. #13 Mtg. #15 7/6/88 Page

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

RESOLVED that the Public hearing in the matter of the petition for Water District #4x1 be and is hereby closed at 8:30 PM EDT.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

11) 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 adopt the Final Order approving the Increase and Improvement to Water District #4 xi to provide adequate water service for Phase IV of the Quaker Centre Industrial Park expansion at a cost not to exceed $25,000.00, and be it further

RESOLVED a copy of said Order is attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 adopt the Bond Resolution appropriating $25,000.00 for the Increase and Improvement of facilities of Water District #4-1 and authorizing the issuance of $25,000.00 Serial Bonds to finance said appropriation, and be it further

RESOLVED a copy of said Bond Resolution is attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. PUBLIC HEARING

At 8:05 PM EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of a petition for the Increase and Improvements to Water District #17 for the expansion of Quaker Centre Industrial Park.

PROPONENTS

No one spoke.

OPPONENTS

Robert Frantsits, 4270 California Road Blanche Corbo, 4182 California Road

Terry Yaeger Hutchison, 4202 California Road

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

RESOLVED that the Public Hearing in the matter of the petition for Water District #17 be and is hereby closed at 8:35 PM EDT.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) 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 adopt the Final Order approving the Increase and Improvement to Water District #17 to provide adequate water service to the Quaker Centre Industrial Park expansion within the district, and be it further

RESOLVED a copy of said Final Order is attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

15) 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 adopt the Bond Resolution appropriating $164,000.00 for the Increase and Improvement of facilities of Water District #17 and authorizing the issuance of $164,000.00 Serial Bonds to finance said appropriation, and be it further

RESOLVED a copy of said Bond Resolution is attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. PUBLIC HEARING

At 8:05 PM EDT, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of a petition for the Increase and Improvement to Orchard Park Sanitary Sewer #18 for the expansion of Quaker Centre Industrial Park.

PROPONENTS

No one spoke. OPPONENTS

Robert Frantsits, 4270 California Road Blanche Corbo, 4182 California Road

Terry Yaeger Hutchison, 4202 California Road

/L/

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

RESOLVED that the Public Hearing in the matter of the petition for Sanitary Sewer #18 be and is hereby closed at 8:38 PM EDT.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 adopt the Final Order approving the Increase and Improvement to Orchard Park Sanitary Sewer #18 to provide adequate sanitary sewer service to the Quaker Centre Industrial Park expansion at a cost not to exceed $94,000.00, and be it further

RESOLVED a copy of said Final Order is attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) 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 adopt the Bond Resolution appropriating $94,000.00 for the Increase and Improvement of facilities of Sanitary Sewer #18 and authorizing the issuance of $94,000.00 Serial Bonds of said Town to finance said appropriation, and be it further

RESOLVED a copy of said Bond Resolution is attached to these minutes.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

E. B. Woodard voting aye

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Woodard requested residents of the Town of Orchard Park voluntarily conserve the use of water due to the severe draught in this area. He also announced the "Going Places Van" is ready to begin serving the area on Monday July 18th, 1988.

New Business #1 - NYPIRG - Canvassing town.

19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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 N.Y.P.I.R.G., 400 Leroy Ave., Buffalo, N.Y. to conduct a charitable door-to-door canvass in the Town of Orchard Park during July and August 1988, and be it further

RESOLVED this solicitation shall be done prior to dusk in a community of this nature.

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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - MPB Properties, N.Benzinq Rd. - 3,100 sq.ft.office building.

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 refer to the Planning Board and Conservation Board the request from MPB Properties, 3320 North Benzing Road for Building Permit for a 3,100 sq.ft. office building.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - J.Campion, Taylor Rd. - Rezone from I-1 to R-4 for building lots.

21) 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 refer to the Planning Board and Conservation Board the request from Joseph Campion, 3954 Taylor Road to rezone approximately 1.93 acre parcel of land to divide into 3 or 4 residential building lots.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - Relocate Voting Districts #16 and #22.

22) 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 the Town Clerk to relocate the following Election Voting Districts:

#16 from Hillcrest Fire Hall to Orchard Park Ellicott Road Elementary School

#22 from Orchard Meadows Playground to St. Bernadette's Roman Catholic Church School 5930 South Abbott Road

effective immediately

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 - Summer Recreation Staff appointments.

23 ) 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 appointments to the Summer Recreation Staff as recommended by the Recreation Director.

Page 8

Reg. Mtg. #13 Mtg #15 7/6 /88 Page 9

Helen Close	62	Potter Ave.	Lifeguard	35/hrs
Edward Hunt	272	Stonehenge Dr.	Aide	30/hrs
Glenn Williams	23	Thomaston Lane	Aide	30/hrs
James Stankard	37	Tanglewood Dr.,W.	Aide	30/hrs
Michael Meastas	136	Forest Drive	Aide	30/hrs
Mary Harper	37	Rolling Hills Dr.	B/B Aid/Dir.	30/hrs
Sally Myers	6097 Seufert Rd.		Aide	30/hrs
Stephen Sayoc	11 Tanglewood Dr.		Aide	30/hrs
Mary Kolb	49	Puritan Place	Aide	35/hrs
Diane Jahnke	50	Summit	Aide	30/hrs
Michele Egan	56	Coventry Lane	Guard (sub)	20/hrs
Karen Stewart	120	Forest Drive	Lifeguard	35/hrs
Margaretha Lam	82	Stonehenge	Lifeguard	35/hrs
Anthony Van Dyke	75	Potter Ave.	Lifeguard	35/hrs

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #6 - Presbyterian Church annual church picnic.

24) 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 the Presbyterian Church to hold their annual Family Picnic at Yates Park on 9/10/88 and the following items:

1] use of the road to the shelter area for vehicles to load and unload supplies

2] use of the 117 volt duplex receptacle with 20 amperes circuit breakers near the large shelter

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #7 - O.P. Fire Co. annual family picnic.

25) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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 the Orchard Park Volunteer Fire Company for the use of Yates Park for their annual family picnic on 9/11/88, permission to park two vehicles by the covered shelter for loading and unloading supplies and the use of the 117 volt duplex receptacle with 20 amperes circuit breaker near the large shelter.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Mill reported the Town has been notified by the New York State D.O.T. that payments of $14,037.50 shall be received under the CHIPS Program to help defray the large cost of maintaining and operating the Town Highway System. Our town is grateful for these funds and they shall be used efficiently to upgrade our bridges and highways.

Councilman Curley stated he wished to propose a resolution in the matter of Taylor Pohlman's request for a Building Permit. He wanted to indicate to the Supervisor and the Town Clerk that apparently there was a misunderstanding between several of the members of the Town Board. At the last meeting there was a resolution proposed in this matter and it really became a non entity as it came to a 2-2 tie. Since that time he has had an opportunity to meet with management of Taylor Pohlman, visit the site and speak with the adjacent neighbor. It was his understanding, and he believes one or two

Reg. Mtg. #13 Mtg. #15 7/ 6 /88 Page 10

of the other Councilmen had the same understanding, that this item was to appear on the agenda tonight. He certainly appreciates the work the Supervisor and the Town Clerk do in preparing the agenda each week and the resolution that he shall propose in no way flaunts that or belittles that process that so much time is spent on. However, as Councilman, it is his perogative to introduce resolutions on a wide variety of matters and this one happens to be on Taylor Pohlman.

26) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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 Taylor Pohlman Industries, 3925 California Road for a Building Permit for a 15,000 sq.f addition for storage, shipping and receiving area with the following stipulations:

1. the overflow parking be relocated to the east of the proposed addition

2. the existing fence and buffer trees on the southerly border remain as is and no additional fencing is required

as recommended by the Planning Board 6/8/88, and be it further

RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 6/8/88.

Before the vote was taken, Councilman Mills stated since the last meeting he had had

an opportunity to speak to representatives from Taylor Pohlman and Mr. & Mrs. McFeeley. At this point, some of the concerns from both sides have been addressed, such as position of the compressor house, reflection of the compressor house, the fence to be maintained as it is now, tree line and the facility is structured for pattern making and storage and not manufacturing. With these modifications in place, he feels comfortable with protecting what he calls the buffer zone area, Mr. McFeeley's rights and those of the very progressive business Taylor Pohlman.

Councilman Curley stated the Town Board was very concerned as to why the neighbors' property to the south was zoned Industrial. The Building Inspector was able to develop a chronology that shows why that happened, just where the line is for the Industrial Zone and those areas on California Road that were rezoned from Industrial to R-3.

E. B. Woodard voting nay

D. J. Mill voting aye

D. P. Curley voting aye

J. J. Mills voting aye

THE RESOLUTION WAS DULY ADOPTED.

Councilman Mill recognized Frank Newton, Chairman of the Conservation Board, and re-quested his input on the Daniel's Chevrolet request for a C/O. A long discussion was held by members of the Town Board and Mr. Newton and it was decided to withhold a C/O until the entire project is completed.

27) 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 approve the Stable Permit Application from Quakerfield, Inc., 4760 Freeman Road as recommended by the Building Inspector.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

28) 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 on advice of Counsel, pursuant to Section 64-5a of the Town Law, to direct the following property owner to remove from the land owned by them, rubbish on such land prior to July 19, 1988 and upon default the Town of Orchard Park shall cause such rubbish to be removed by the Town and the total

expense of such removal shall be assessed by the Town Board on the real property referred to herein:

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Name Address Location of Property Tax No.

Vojislav and 1314 West Elmview 5096 Lake Avenue 151.16-3-26

Desanka Bojovic Buffalo, NY 14218 Orchard Park, NY 14127

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

29) 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 #12 and the End of Month Warrant for June 1988 following auditing by members of the Town Board and in the funds indicated:

WARRANT #12 END OF MONTH

GENERAL FUND 5164,796.74 $222,131.73

PART TOWN FUND 6,024.95 3,939.27

HIGHWAY FUND 59,120.73 18,803.16

SPECIAL DISTRICTS FUND 38,427.30 7,665.82

TRUST & AGENCY FUND 50,081.99 15,287.34

CAPITAL FUND (Norstar) 44,793.75 -

CALIFORNIA ROAD SITE 1,200.00 -

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Assembly of the State of New York is considering Bill No. 8849 regarding the mandated salary scale for Election Inspectors at a rate of $10.00 per hour to be paid by the Town of Orchard Park and other New York State Communities

NOW, THEREFORE, be it

RESOLVED that the Town Board of the Town of Orchard Park does hereby go on record opposing this unnecessary, unjust and irresponsible amendment to the New York State Election Law which imposes an undue burden on the Town of Orchard Park and other municipalities in New York State, and be it further

RESOLVED that copies of this resolution be sent to the appropriate members of the State Legislature and the Governor.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

31) 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 the Communications as entered on the agenda:

1. N.Y.S. D.O.T. _ Notification of Town's approval for CHIPS Program.

2. Town Board Town of Tonawanda ] adopted resolution opposing proposed mandated Town Board Town of Hamburg ] $10.00/hr for Election Inspectors

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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

32) 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 following report as entered on the agenda:

1. Building Permits and Building Inspector's monthly report for June 1988.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. BUSINESS FROM THE FLOOR

William Pfeil - Triton Valley Estates - Requested information on the Mobile Home Ordinance. The Board shall review the proposed Mobile Home Ordinance, make revisions and perhaps have to hold another public hearing.

Terry Yaeger Hutchison, 4202 California Road - Requested clarification on why an Environmental Impact Study had not been done on the expansion of Quaker Centre Industrial Park. The Town Attorney stated the Town Board had reviewed the area in question and made the decision of a Negative SEQRA.

Robert Frantsits, 4270 California Road - Feels each project needs an Environemntai Impact Study as certainly no one knows who the potential tenants will be in the future.

The Town Attorney reiterated the fact that all the bonding that was approved tonight shall be paid for by the Developer, the D.O.T. has not submitted a traffic study of the area at this point and the violations in the Quaker Centre Industrial Park shall be taken care of at once.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:18 PM EDT.

Respectfully submitted,

Betty K. Reukauf, Town Clerk

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