Reg. Mtg. #12 Mtg. #14 6/15/88 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 15th day of June,. 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 Ass't. Building Inspector

R. C. Henning Police Chief

R. A. Geitter Supt. of Highways

M. R. Merritt Town Engineer

ABSENT: R. W. Sweet Building Inspector- ill

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.

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

to rezone property from B-2 to R-3 on land located on the south side of Lake Avenue approximately 900' west of Orchard Park Road for the construction of one (1) townhouse as petitioned by Vincent Lucci

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

Vincent Lucci, 6113 Lake Avenue OPPONENTS

No one spoke.

1 ) 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 rezoning property as petitioned by Vincent Lucci be and is hereby closed at 8:07 PM EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 15th day of June, 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. #12 Mtg. #14 6/15/88 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 B-2 to R-3 all tract or parcel of land bounded and described and entered into and attached to these minutes.

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.

Old Business #1 - Gaymar Industries, Inc., Centre Dr. - Building Addition.

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 approve the request from Gaymar Industries, Inc., 10 Centre Drive for a building permit for a 46,000 sq.ft. addition and declare a Negative SEQRA Declaration as recommended by the Planning Board 6/8/88.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Frank Downing Auto Mall, S'West.- Suzuki UsedCar/Leasing Dealership.

4 ) 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 Frank Downing Auto Mall, Southwestern Blvd., corner of Milestrip Road for a building permit for a used car/leasing office extension of Suzuki Dealership and declare a Negative SEQRA Declaration as recommended by the Planning Board 6/8/88.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Taylor-Pohlman Industries, California Rd. - Building Addition.

5 ) 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 Taylor-Pohlman Industries, 3925 California Road for a building permit for a 15,000 sq.ft. 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

Reg. Mtg. #12 Mtg. #14 6/15/88 Page 3

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 Curley requested clarification re: the existing fence and relocation of overflow parking from John Bailey, Esq. representing Taylor-Pohlman Industries and Richard Sullivan, Esq. representing Mr. & Mrs. McFeeley.

Mr. Bailey stated the Petitioners and himself had a meeting with Mr. McFeeley and his Attorney Richard Sullivan. It was agreed to leave the fence, trees and shrubs as they exist as a buffer.

Mr. Sullivan stated there was no agreement reached but reluctantly the Petitioners agreed to leave the fence, trees and shrubs as they exist when the Planning Board re-commended this proposal. He stated the Building Department notified the PlanningBoard that the McFeeley property is zoned I-1. This was very, upsetting to Mr. and Mrs. McFeeley as they were never notified of the change and certainly this has a dramatic impact on the valuation of their property. He cannot understand why on a 10 acre site, expansion has to be directed towards the residential property. He stated he believes if the Planning Board had had a copy of the Taylor-Pohlman Master Plan and fully realized the type of industry to be on this site, when they first appeared for approval about three years ago, the Planning Board would have made some changes on the proposed plans.

After a lengthy discussion by members of the Town Board and both Attorneys, covering many related items including fencing, parking along residential lot line, expansion towards residential property, Planning Board recommendation, etc. Councilman Mills stated he felt very uncomfortable voting on this resolution today after reviewing all this information and the Planning Board minutes. He was in favor of putting this item on a work session for review.

E. B. Woodard Nay

D. J. Mill Aye

D. P. Curley Aye

J. J. Mills Nay

THE RESOLUTION WAS NOT ADOPTED.

Old Business #4 (not on agenda) - R. Dombrowski, Powers Rd. - Rezoning decision.

6 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, 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 from R-2 and A-1 to I-1 a 5± acre parcel of land bounded by Powers Road, Burton Road and the Southern Expressway (Route 219) as petitioned by Robert Dombrowski for a storage, maintenance and office facility

was conducted at the Muncipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 1st day of June 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, "denial" from the Town of Orchard Park Planning Board was received and filed with the Town Board

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to deny the rezoning of a 5± acres parcel of land bounded by Powers Road, Burton Road and the Southern Expressway (Route 219) as petitioned by Robert Dombrowski for the following reasons:

1. creates spot zoning in the area

2. downgrades zoning in entire area from A-1, which the highest zoning in the town agricultural and R-3 to the lowest zoning in the town I-1, Industrial

3. traffic problems created in the area

4. noise levels will be high in the area which do not exist now

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5. excessive dust from equipment moving up and down Powers Road which is directly related to the business

6. weight of the vehicles

7. the Planning Board and Zoning Board of Appeals denied this request

8. a petition has been filed by the residents of the area (30 or more) that reference the above items

E. B. Woodard Nay

D. J. Mill Aye

D. P. Curley Aye

J. J. Mills Nay

THE RESOLUTION WAS NOT ADOPTED.

New Business #1 - Nativity Church/Monsignor Beasley.

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

WHEREAS, the Town of Orchard Park joins the Parishioners of the Church of the Nativity of Our Lord in celebrating 80 years of presence in our community and recognizes its continuous contributions educationally, culturally and spiritually, and

WHEREAS, some 35 years ago one Thomas J. Beasley acknowledged his calling from God and on May 30, 1953 received the Sacrament of Holy Orders, and

WHEREAS, ten years ago Bishop Edward D. Head saw fit to entrust this congregation to the then Father Thomas J. Beasley

NOW THEREFORE, be it

RESOLVED that the Town of Orchard Park calls upon all of its citizens to extend their congratulations and best wishes to MSGR. Beasley and the Nativity Parish for continued good health and good will in the town of good friends, and be it further

RESOLVED a certified copy of this resolution shall be sent to Monsignor Beasley.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2,#3,#5, #6 (not on agenda) - Referrals to Planning Board.

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 refer to the Planning Board and Conservation Board the following items:

#2. Southtowns Primary Care Center, 6300 Powers Road - Requests building permit for a 8,500 sq.ft. addition

#3. David Reid - Requests rezoning from I-1 to R-3 1.8± acre of land located to the rear at the corner of Ellis Road and California Road

#5. Buffalo Exterminating Co., Inc., 3636 North Buffalo Road - Requests building permit for a 14 bay garage and repair shop

#6. Full Gospel Tabernacle (not on agenda), 3210 Southwestern Blvd. - Requests building permit for multi purpose facility.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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Reg. Mtg. #12 Mtg. #14 6/15/88 Page 5

New Business #14 - Quaker Hollow Townhouse Dev.,Webster Rd. - ownership of water main.

The Town Board received and filed the letter from Ronald Long in the above matter. The Engineer has received new information verbally from the Erie County Health Department that once Mr. Long has filed his offering for a Homeowners Association and submitted it to them, they will give a conditional approval of his water system.

9 ) 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 petition signed by E.C.I.D.A. on behalf of Buffalo Envelope to extend Centre Drive at a cost not to exceed One Hundred Seventy-five Thousand ($175,000.00) Dollars as recommended by the Town Engineer, and be it further

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

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 adopt the Order Scheduling a Public hearing on July 6, 1988 at 8:05 PM EDT, in accordance with Section 200 of the Town Law, on the proposed extension of Centre Drive, and be it further

RESOLVED a copy of said Order is attached to these minutes, and be it further RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.

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 accept, receive and file the Map, Plan and Report for the proposed increase and improvement to Orchard Park Water District #4 x 1 for Phase III of Quaker Centre Industrial Park as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12 ) 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 the Order Scheduling a Public Hearing on July 6, 1988 at 8:05 PM EDT, in accordance with Section 202b of the Town Law, on the proposed increase and improvement to Orchard Park Water District #4 x 1, and be it further

RESOLVED a copy of said Order is attached to these minutes, and be it further RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.

Reg. Mtg. #12 Mtg. #14 6/15/88 Page 6

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

13 ) 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 receive and file the petition signed by Quaker Centre Associates to extend Cobham Drive at a cost not to exceed One Million Two Hundred Forty-one Thousand five hundred ($1,241,500.00)Dollars as recommended by the Town Engineer, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY

114 ) 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 Order Scheduling a Public Hearing on July 6, 1988 at 8:05 PM EDT, in accordance with Section 200 of the Town Law, on the proposed extension of Cobham Drive, and be it further

RESOLVED a copy of said Order is attached to these minutes, and be it further RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.

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 accept, receive and file the Map, Plan and Report for the proposed increase and improvements to Orchard Park Water District #17 for the expansion of Quaker Centre Industrial Park as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED a copy of said Order is attached to these minutes, and be it further RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.

Reg. Mtg. #12 Mtg. #14 6/15/88 Page 7

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

17 ) 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 accept, receive and file the Map, Plan and Report for the proposed increase and improvement to Orchard Park Sanitary Sewer District #18 for the expansion of Quaker Centre Industrial Park as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18 ) 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 Order Scheduling a Public Hearing on July 6, 1988 at 8:05 PM EDT, in accordance with Section 202b of the Town Law, on the proposed increase and improvements to Orchard Park Sanitary Sewer #18, and be it further

RESOLVED a copy of said Order is attached to these minutes, and be it further RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

19 ) THE FOLLOWING RESOLUTION WAS OFFERED BY-COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to appoint the following as Town Representatives on the Quaker Centre Design Review Committee:

1. Michael R. Merritt, Town Engineer

2. Robert W. Sweet, Building Inspector

3. Mrs. Blanche Corbo, 4182 California Road

and be it further

RESOLVED Councilman Dennis J. Mill shall be the Liaison with the Town Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Curley stated the Town Board has the intention of increasing the number of members on the Quaker Centre Design Review Committee from 7 to 9. However, this is a bilateral agreement with Quaker Centre Associates and the Town Board cannot do this

on their own. Hopefully, at the next joint meeting if the Town Board and Quaker Centre Associates, this matter shall be resolved.

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

WHEREAS, the Town Engineer has prepared and filed with the Town Board a list of possible violations of the restrictive covenants that presently exist in the Quaker Centre Industrial Park, and

Reg. Mtg. #12 Mtg. #14 6/15/88 Page 8

WHEREAS, this list includes incomplete and/or unfinished construction work and general suggestions for improving the appearance of the Park in accordance with our original intents, and

WHEREAS, it is the responsibility of the Developer to enforce the Covenants of Quaker Centre Industrial Park

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to notify Quaker Centre Associates, in accordance with our Agreement, of the possible violations and request the violations be corrected immediately, and be it further RESOLVED a copy of said list of violations is attached to these minutes.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

Christopher Haley 23 Wildwood Lane Lifeguard 35/HR

Denise Jake] 4168 S. Taylor Road Theatre/Aide 30/HR

Sue Pernick 19 Lehigh Street HD/Guard -

Josh Keats 133 Lincoln Baseball 35/HR

Joe Winiecki 57 Vistula Avenue Director 12/HR

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Mills reported Mr. Winiecki related to him that the need for qualified life guards could cause the hours of swimming to be reduced. He requested the Supervisor to contact Mr. Winiecki and suggest that he schedule more hours for the appointed life guards and/or advertise for applicants.

Councilman Curley reported he had spoken with Mr. Winiecki and if it is an impossibility to get enough life guards he shall resubmit the name of an applicant from the Town of Boston as a life guard for further consideration by this Town Board.

22 ) 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 Town Engineer Michael Merritt to advertise for applicants to fill the position of Crew Chief in the Sewer & Water Department which position becomes vacant effective July 1, 1988 with the retirement of Clarence Holmes.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, Daniel's Chevrolet has been operating on a conditional Certificate of Occupancy, and

Reg. Mtg. #12 Mtg. #14 6/15/88 Page 9

WHEREAS, the Building Inspector has had a request from Daniel's Chevrolet for a Certificate of Occupancy, and

WHEREAS, Frank Newton, Chairman of the Conservation Board, reviewed for the Town Board the landscaping aspect of this project and the need for further review of landscape plans

NOW THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Building Inspector to notify Daniel's Chevrolet that the Certificate of Occupancy shall be withheld until

the Conservation Board notifies the Town Board of approval of the landscape work necessary on this project.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

24 ) 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 payment by the Conservation Board to Donald Ward, Consulting Landscape Architect, for review of the Landscape Plan for Daniel's Chevrolet.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, this Town Board adopted a resolution on May 18, 1988 denying the application of THERESA CETKOVIC for a special exception use for a home occupation to operate a beauty shop on land located at 2284 Southwestern Boulevard and,

WHEREAS, this Town Board failed to set forth its reasons for denying the application of THERESA CETKOVIC,

NOW, THEREFORE, pursuant to Section 144-43 of the Town of Orchard Park Zoning Ordinance, the Town of Orchard Park hereby sets forth its reasons for the denial of the special, exception use application by THERESA CETKOVIC:

a. That the comprehensive plan for the Town of Orchard Park provides that the premises which is the subject of this application should be residential.

.b. The proposed project is not compatible with. adjoining land uses in that all adjoining land uses are residential and will be adversely affected by the proposed project.

Reg. Mtg. #12 Mtg. #14 6/15/88 Page 10

c. The traffic entering and exiting Hazel Court as a result of the proposed project will substantially change the' quiet residential nature of Hazel Court.

4. Based upon the increased volume of traffic on Hazel Court and the change in the residential character of Hazel Court, the project is likely to adversely affect the value of other land on Hazel Court.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

26) 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 direct the Supervisor to sign the Order of Consent from the Department of Environmental Conservation in which the Town agrees to create and submit a feasibility study concerning the manner in which the composting facility of the Town may be utilized by the residents of the Town of Orchard Park thus eliminating a potential obligation by the Town to pay a Two Thousand ($2,000.00) Dollar civil penalty for failure to comply with certain regulations with regard to gas tanks that were maintained on property owned by the Town of Orchard Park and for which the Department of Environmental Conservation found that there were defects in those tanks.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Police Chief Henning reported that the promoter of the Rock Concert scheduled at Rich Stadium on 6/19/88 gave the Town $500.00 to. Help defray a portion of the overtime costs of the Police Department during the concert.

Town Highway Superintendent Ronald Geitter reported 1] he is in the process of soliciting demonstrations for the replacement of one (1) Highlift as provided in

the budget to enable him to prepare specs., and 2] the Lions Club would like to thank the Town for the use of Yates Park to conduct their fishing contest. It was a huge success and hopefully it shall become an annual affair.

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

WHEREAS, during the planning of the Orchard Park Municipal Expansion Project it was discussed as a possibility to install a parking lot this year on the property south of the existing Post Office Facility, and

WHEREAS, the Village of Orchard Park had agreed to participate financially in this project as this parking area will serve as a general Village Municipal Parking Lot, and

WHEREAS, it is necessary to design a separate parking lot and let out separate contracts for the construction of the parking lot and the demolition of the 100 year old building on the property

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to adopt a Change Order in the amount of increase of $4,200.00 to the original contract with Duchscherer Oberst Design PC, 2320 Elmwood Avenue, Buffalo, N.Y. for engineering fees for the preliminary plans for the proposed parking area and preparing of bid documents for the construction of said parking lot and the demolition of the building on said property.

Reg. Mtg. #12 Mtg. #14 6/15/88 Page 11

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

28) 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 following street lighting proposal from New York State Electric & Gas Corp. dated 6/14/88:

Independence Hgts. Phase IV, Independence Drive;

Install 7-3300 lumen PT, HPS luminaires @ $93.23 ea. -- $ 652.61 Std. 11 through 17

Conductors and 15-ft. posts (12-ft. mounting height) to be supplied and installed by the developer; owned and maintained by the Town of Orchard Park

Luminaires, lamps and controls to be supplied, owned and maintained by the New York State Electric & Gas Corp.

Total Annual Increase $ 652.61

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 #11 following auditing by members of the Town Board and in the funds indicated:

WARRANT #11

GENERAL FUND $291,091.16

PART TOWN FUND 18,700.23

HIGHWAY FUND 101,421.33

SPECIAL DISTRICTS FUND 99,774.11

TRUST & AGENCY FUND 47,624.31

CAPITAL FUND (Norstar) 2,552.94

CALIFORNIA ROAD SITE 1,610.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

30) 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 Communications as entered on the agenda:

1. Orchard Park Central Schools - Notification of members elected to the School Board: Robert Fintak, 18 Hillsboro Drive and Lena Priore, 180 Highland Ave.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.