Reg. Mtg. #5 Mtg. #6 3/2 /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 2nd day of March, 1988 at 8:00 P.M. EST and there were

PRESENT AT ROLL CALL: E. B. Woodard Supervisor

J. J. Diggins Councilman

D. J. Mill Councilman

D. P. Curley Councilman

J. J. Mills Councilman

Betty K. Reukauf Town Clerk

L. Berkowitz Town Attorney

J. Campion Assistant 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.

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

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 2/3/88, 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 P.M. EST, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of Local Law #1-1988, which provides as follows:

Local Law No. 1 of 1971 which established the Conservation Advisory Council, later redesignated the Conservation Board, is hereby amended as follows:

Section 3 - Membership - The board shall consist of of seven members who shall be appointed by the Town Board. One of the members so appointed may be, (but are not required to be) at the time of his appointment, between the ages of sixteen and twenty-one years of age. Persons residing within the Town of Orchard Park who are interested in the improvement and preservation of environmental quality shall be eligible for appointment as a member of the Board. Vacancies on the Board shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by expiration of term of office shall be filled only for the remainder of the unexpired term.

Reg. Mtg. #5 Mtg. #6 3/2 /88 Page 2

Section 4 - Terms of members - Delete as adopted in 1971 and substitute as follows: All members shall be appointed for a term of two (2) years

(NOTE: changes to this local law are underlined)

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

No one spoke.

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

RESOLVED that the Public Hearing in the matter of Local Law #1-1988 be and is hereby closed at 8:07 P.M. EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to adopt Local Law #1-1988, which provides as follows:

Local Law No. 1 of 1971 which established the Conservation Advisory Council, later redesignated the Conservation Board, is hereby amended as follows:

Reg. Mtg. #5 Mtg. #6 3/2 /88 Page 3

Section 4 - Terms of members - Delete as adopted in 1971 and substitute as follows: All members shall be appointed for a term of two (2) years.

(NOTE: changes to this local law are underlined)

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. PUBLIC HEARING

At 8:05 P.M. EST, the advertised time, the Supervisor called for the Public Hearing to her all interested parties and citizens for or against the adoption of an amendment to the Zoning Ordinances of the Town of Orchard Park, which amendment provides

as follows:

This Ordinance Amendment shall be known as the "Mobile Home Neighborhood District" and shall provide for planned mobile home residential developments.

PROPONENTS

Robin Pfeil, 25 Simme Road, Lancaster - Representing Triton Valley Estates, filed a list of recommendations to amend the Ordinance as being presented.

Paul O'Neil, spoke on behalf of Nelson Keem

Jack Fox, 6095 Newton Road - feels 5 or 51 units per area would make better use of land.

OPPONENTS

Robert Aronica, 3656 Baker Road

Beverly Hammersmith, 6243 Benning Rod

Rosetta Newton, 6463 Bunting Road

Ernest Kupinski, 6740 Milestrip Road

Marvin Ashburn, 6326 Benning Road

Tim Kupinski, 6740 Milestrip Road

Mrs. Ashburn, 6326 Benning Road

Bill Hogan, 5053 Ellicott Road

Jean Miller, 25 Briggs Drive

The main concerns of the people were the effect of the Mobile Home on their property and surrounding property land values, the means of distribution of the increase in taxes for schools, police and general services and size of lot necessary for each unit.

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 Ordinance Amendment regarding "Mobile Home Neighborhood District" be and is hereby closed at 8:35 PM EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time Supervisor Woodard stated that State Law mandates that we have an Ordinance that regulates Mobile Homes. Also, this Public Hearing was only on the

Ordinance. It is not on approving any rezoning or mobile court.

Reg. Mtg. #5 Mtg. #6 3/2 /88 Page 4

Old Business #1 - Decision on John Bosse Petition to rezone S. Benzing Rd. property.

The Supervisor stated the Petitioner and/or his Attorney had requested this item be removed from the agenda for two weeks.

A discussion was held by members of the Town Board including research into who received request notification, reason for request for removal from the agenda and how similar requests have been handled.

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

RESOLVED, that the application of KAWAC, LTD to rezone certain property at the intersection at Benzing Road and Southwestern Boulevard is hereby denied for the following reasons:

a. The present I-1 zoning was established by the Orchard Park Zoning Commission after extensive study.

b. The premises is surrounded by property which is zoned I-1.

c. There has been no change in the area surrounding the subject property since the study by the zoning commission.

d. The Orchard Park Zoning Commission had numerous hearings with regard to the adoption of a new zoning ordinance and notice of those hearings was published in the official newspaper.

e. It is not in the public interest to rezone this property.

f. The comprehensive plan of the Town of Orchard Park as recommended by the Orchard Park Zoning Commission and adopted by the Orchard Park Town Board provides that subject premises be zoned industrial (I-1).

E. B. Woodard nay

J. J. Diggins nay

D. J. Mill nay

D. P. Curley nay

J. J. Mills aye

THE RESOLUTION WAS DEFEATED.

Supervisor Woodard directed the Town Clerk to put Mr. Bosse on Old Business #1 for the Board Meeting on 3/16/88.

Old Business #2 - Renewal of Annual Stable Permits.

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

RESOLVED that the Town Board be and is hereby authorized to approve the renewal of the following Stable Permit Applications as recommended by the Building Inspector:

Reg. Mtg. #5 Mtg. #6 3/ 2 /88 Page 5

1. Chestnut Creek Farm - Vincent Pascarella, 56214 Chestnut Ridge Rd.

2. Edgewood Farm - Stephen & Judith Ann Pavlosky, 7295 Jewett Holmwood Rd.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - M. DeAngelis, Meadowlawn Rd. - Fire Hydrant.

Mr. DeAngelis, 53 Meadowlawn Road, appeared before the Town Board, reviewed his request to have a fire hydrant relocated as it is approximately 10" from his drive-way, requested the Town Board to authorize the Town to pay half the cost of the relocation, and he offered to pay the remaining half.

Michael Merritt, the Town Engineer stated he had reviewed the area, the history of the property (house location, date of building, driveway location etc.), believes the problem is self made and the Town is not at fault for any part of the problem, sent Mr. DeAngelis a letter notifying him of his findings and feels Mr. DeAngelis was not in agreement with his decision. Mr. Merritt stated if the Town believed it was in any way responsible, it would pay 100% for the relocation and not only 50% as requested.

A discussion was held by members of the Town Board, Mr. Merritt and Mr. DeAngelis. It was the consensus of the Town Board that Mr. Merritt had stated the Town's decision very clearly and they had no reason to change this decision in any way.

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 receive and file the complaint from Mike DeAngelis, 53 Meadowlawn Road re: moving of fire hydrant.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business # 4 - N.Y.S.E.G. Street Light Proposal - Hastings Drive.

7) 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 approve the following Street Lighting Proposal from New York State Electric & Gas Corp. dated 2/23/88

Hastings Drive - WOODRIDGE PARK.

Install 4-3300 lumen PT HPS lamps @ $93.23 ea. --- $ 372.92 Stds. 1 through 4

* Conductors and 15-ft. posts to be supplied and installed by the developer and 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.

* Conductors & standards existing in field

and be it further

RESOLVED that the Town Board be and is hereby authorized to reaffirm the adopted resolution #3 of 11/14/87 Town Board Meeting, which approved the following:

Minden Drive: Install 1-3300 lumen HPS lamp @ $83.62 ea. (P-2, L-2259)

Reg. Mtg. #5 Mtg. #6 3/2 /88 Page 6

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, resumes have been received from residents of the Town of Orchard Park interested in vacancies on the PLanning Board, Conservation Board and Joint Economic Development Committee

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to schedule interviews to fill the vacancies on the Planning Board, Conservation Board and Joint Economic Development Committee at the Town Board work session on 3/23/88 beginning at 6:30 P.M. EDT, and be it further

RESOLVED applications for appointment to vacancies on said boards must be received by the Supervisor by noon on 3/23/88.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Orchard Park Jaycees to use the Green Lake Picnic area on April 2, 1988 from 8:00 A.M. to 12 Noon to conduct their annual Easter Egg Hunt.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the following appointment to the Fall/Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director:

Carrie Cook 4424 California Road Gym/Aid

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - P. Bruin, O.P. Collision, S. Taylor Rd..- Building__ additions.

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

Reg. Mtg. #5 Mtg. #6 3/ 2 /88 Page 7

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from Peter Bruin, Orchard Park Collision, Inc. 4254 S. Taylor Road, for the following Building Permit:

1] a 14' x 30' addition to the south side of existing building

2] a 30' x 70' addition to the north side of existing building (this addition was previously approved with stipulations at the 9/19/84 Town Board Meeting. File does not indicate a permit was issued)

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. New Business #2 - Bid Opening for Trees.

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 schedule a Bid Opening on 3/21/88 at 2:00 P.M. EST in the Conference Room for purchase of trees for the Town Tree Planting Program for the year 1988, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 schedule a Bid Opening on 3/21/30 at 11:00 A.M. EST in the conference Room in the Municipal Building to receive sealed bids for brush pickup for the Town of Orchard Park, excluding the Village of Orchard Park from May 1, 1988 to October 31, 1990, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3- Resignation of Planning Board Member Paul Higby.

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

RESOLVED that the Town Board be and is hereby authorized to accept with regret the resignation of Paul N. Higby as a member of the Town Planning Board and extend to him, on behalf of all the residents of Orchard Park, most sincere thanks for the many hours of devoted service.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #5 Mtg. #6 3/2 /88 Page 8

New Business #4 - A. Lunt Design, rezone 5745 Big Tree Rd. concept approval.

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

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from A. Lunt Design, Inc., 525 West Falls Road, West

Falls, N.Y. for concept approval to rezone property at 5745 Big Tree Road from B-2 to light Industry.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Mill thanked all those Town Representatives who attended the New York State

Association of Towns Conference held in New York City in February for their very interesting reports in the session.

16) 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 rescind the following resolutions that were adopted on 2/17/88:

#17 - Accepting Map, Plan and Report prepared by R & D Engineering for proposed Orchard Park Water District #15 Extension #1.

#13 - Scheduling a Public hearing on 3/9/88 for the creation of Orchard Park Water District #15 Extension #1.

#19 - Accepting Map, Plan and Report prepared by R & D Engineering for proposed Orchard Park Water District #17 Extension #2.

#20 - Scheduling a Public Hearing on 3/9/38 for the creation of Orchard Park Water District #17 Extension #2.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Curley recognized County Legislator Steve Pigeon in the audience and welcomed him to the Board Meeting. Mr. Pigeon thanked the Town Board for their kindness and stated he hopes to attend many of their meetings in the future.

Councilman Mills, requested Mr. Pigeon to give an update on the "County Windmill" situation.

Legislator Pigeon stated he is in favor of the removal and/or demolition of the windmill. Legislator Swanek had requested a $100,000.00 grant to save the windmill but it was refused. Hopefully it shall not be long before the windmill shall be re-moved as there is a large support in County Government for this decision.

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 direct the Supervisor to execute the Contract with Zambelli Bros. Fireworks Company, New Castle, Pennsylvania to provide the fireworks display for July 4, 1988 in an amount not to exceed Three Thousand One Hundred forty ($3,140.00) Dollars as recommended by the Town Attorney.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #5 Mtg. #6 3/2 /88 Page 9

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 schedule a Bid Opening on March 21, 1988 at 2:15 P.M. EST for Police Uniform Parts in the Conference Room as recommended by the Police Chief, 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 SUPERVISOR WOODARD, 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 Highway Superintendent to purchase under State Bid, one (1) GMAC one ton Pickup truck, 4 wheel drive, equipped with snow plow for the Parks and Grounds Department at

a cost not to exceed Twelve Thousand Five Hundred ninety-seven Dollars and fifteen Cents ($12,597.15) from Bill Scott Oldsmobile, Inc., Syracuse, N.Y. as provided in the budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

20) 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 the Highway Superintendent To purchase under State Bid, one (1) 1/2 ton Pickup truck for the Highway Department from Mid City Dodge, Inc., 2185 Walden Ave., Cheektowaga, N.Y. at a cost not to exceed Eight Thousand Eight Hundred seventy-six ($8,876.00) Dollars as provided in the budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 approve all entries on Warrant #4 and the End of Month Warrant for February 1988 following auditing by members of the Town Board and in the funds indicated:

WARRANT #4 END OF MONTH

GENERAL FUND $43,968.89 $83,070.89

PART TOWN FUND 1,097.09 4,033.08

HIGHWAY FUND 5,291.07 33,290.49

SPECIAL DISTRICTS FUND 8,481.60 6,926.88

TRUST & AGENCY FUND 29,798.73 17,862.63

CAPITAL FUND (Norstar) 2,500.00 -

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #5 Mtg. #6 3/2 /88 Page 10

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 receive and file the Communications as entered on the agenda:

1. Town of Colden, & Town of Concord - Adopted resolutions requesting Erie County to distribute to Towns portion of sales tax.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 receive and file the Reports: as entered on the Agenda:

1. Building Permits and Building Inspector's monthly Report for February 1988.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Highway Superintendent Ron Geitter stated he shall be in touch with Legislator Pigeon to attempt to get the County to do something about the safety problem at the inter-section of Armor Road and Powers Road.

BUSINESS FROM THE FLOOR

Marvin Ashburn, 6323 Benning Road - suggested the Town Board consider increasing the Police Force due to the increase in population and thoughts of a Mobile Court Trailer Ordinance. He also suggested the Town consider a Master Plan for recreation facilities other than Yates Park and Chestnut Ridge Park.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:22 P.M. EST.

Respectfully submitted,

Betty K.Reukauf, Town Clerk

Reg. Mtg. #5 Mtg. #6 3/2 /88 Page 10