Reg. Mtg. #20 Mtg. #25 10/19/88 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 19th day of October, 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 Supt. of Highways

M. R. Merritt Town Engineer

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 CURLEY, TO WIT:

RESOLVED that the minutes of the Regular Meetings of the Town Board, held on 8/17/88

and 10/12/88, 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.

At this time Supervisor Woodard introduced our County Legislator Steve Pigeon and welcomed him to the meeting.

PUBLIC HEARING

At 8:05 PM 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 property from R-3 to R-3 Special Exception Use for Home Occupation for

Beauty Shop on land located at 2284 Southwestern Blvd. as petitioned by Theresa Cetkovic.

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.

Richard Sullivan, Esq. appeared before the Town Board and stated he is representing Mrs. Cetkovic in this matter. He proceeded to review the rezoning petition, including

1] the request is a permitted use in an R-3 zone with the approval of the Town Board and 2] the Planning Board has approve the request and 3] the Petitioner will have only one chair and she will be the only person employed.

PROPONENTS

1. Dr. Gerald Zelasko, 9 Concord Drive

2. Joan McGuire, 369 Reserve Road

3. Miss Linda, 55 South Ridge Drive

4. Craig Lipp, 2280 Southwestern Blvd.

filed a petition in favor of the rezoning from residents of the area

OPPONENTS

1. Connie Griffiths, 2312 Southwestern Blvd.

2. Paul Gorman, 2296 Southwestern Blvd

3. Paul Adrobina, 5 Hazel Court

4. Craig Lipp, 2280 Southwestern Blvd.

filed a petition in opposition of the rezoning from residents of the area

Reg. Mtg. #20 Mtg. #25 10/19/88 Page 1

Reg. Mtg. #20 Mtg. # 25 10/19/88 Page 2

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

RESOLVED that the Public Hearing in the matter of the rezoning petition of Theresa Cetkovic be and is hereby closed at 8:25 PM EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, pursuant to Section 144-43 of the Town of Orchard Park Zoning Ordinance, the Town of Orchard Park hereby sets forth its reasons for denial of the special exception use application of 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

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

d] 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

and

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 property from R-3 to R-3 Special Exception Use fro Home Occupation for Beauty Shop on land located at 2284 Southwestern Blvd. as petitioned by Theresa Cetkovlc.

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 19th day of October, 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 receive and filed by the Town Board, and

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 that the Town Board be and is hereby authorized to deny the rezoning of S2811 Southwestern Blvd. from R-3 to R-3 Special Exception Use for Home Occupation for Beauty Shop a petitioned by Theresa Cetkovic.

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

P. D. Barnas Voting Aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #20 Mtg. #25 10/19/88 Page 3

PUBLIC HEARING

To rezone property from R-2 Special Exception Use Southtowns Primary Care Center to R-2 Special Exception Use for 120 bed adult care facility on land located on the north side of Powers Road, west of Chestnut Ridge Road and to the rear of the Southtowns Primary Care Center.

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

1. Kenneth Alico, 6831 Ward Road, Town of Boston

2. Louis Ferrerl, Petitioner

3. Dr, Costa, 6300 Powers Road

OPPONENTS

1. Robert Dombrowski, 6115 Powers Road

2. Patricia Schroeder, 6405 Powers Road

3. Alvon Kelchlin, 6395 Powers Road

4. Joseph Meindl, 130 Lawrence Place

5. John Schlenker. 140 Lawrence Place

6. John Bernard,. 6740 Powers Road

7. John Coleman, Orchard Park Suburban Press

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

RESOLVED that the Public Hearing in the matter of the rezoning petition for a 120 bed adult care facility be and is hereby closed at 8:46 PM EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Woodard state the Town Board shall review all the input from residents both for and against the adoption of the rezoning request. The residents shall be notified of their decision.

Old Business #1 - F.Downing Auto Mall, Southwestern Blvd. - Mitsubishi Sales.

4 ) 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 request from Frank Downing Auto Mall, Sothwestern Blvd., corner of Milestrip Road for permission for a temporary sales office for sale of Mitsubishi autos until permanent facility is constructed, as recommended by the Planning Board 10/12/88 for a maximum of twelve months, and be it further

RESOLVED this is a Type II Action and no SEQRA requirement necessary.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #20 Mtg. #25 10/19/88 Page 4

Old Business #2 - Datarex Systems, Centre Dr. - revisions of site plan.

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 Datarex Systems, Centre Drive (Zaepfel-Krog Corp.) for approval of revisions and additions to original site plan (parking & landscaping) as recommended by the Planning Board 10/12/88, and be it further

RESOLVED this is a Type II Action and no SEQRA requirement necessary.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - C. Schleelein, N.Benzing Rd. - Warehouse.

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 approve the request from Carl Schleelein, 3419 N. Benzing Road for a Building Permit and C/O for a 50' x 60' warehouse for storage of construction business material-equipment as recommended by the Planning Board 10/12/88 with the following stipulations:

1] corrected landscape plan be filed prior to Town Board approval

2] no outside storage of any materials or equipment, other than motor vehiclesif dumpster is used, it must be screened

3] in accordance with section 144-44 C (1)(a) of the Town Zoning Ordinance, acertified check in an amount of 15% of the estimated cost of completion ofall landscaping shall be deposited with the Town Clerk upon approval by theTown Board

and be it further

RESOLVED the Town Board does declare a Negative SEQRA Declaration

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - Green Orchard Village, N.Buffalo Rd. - revised preliminary site plan changing from Apartments and Townhouses to all Townhouses.

No Town Board action necessary.

Old Business #5 - Expert Fence and Lumber Co.,Inc.,Southwestern — storage bldg.

7 ) 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 request from Expert Fence and Lumber Co., Inc., 2881 Southwestern Blvd. for a Building Permit and C/O for a 80' x 30' pole barn for storage of material relating to the fence & lumber business as recommended by the Planning Board 10/12/88, and be it further

RESOLVED the Town Board does declare a Negative SEQRA Declaration.

Reg. Mtg. #20 Mtg. #25 10/19/88 Page 5

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #6 - Sports Focus "PT" Facility, California Rd. - 13,600 sq.ft. building.

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 approve the request from Sports Focus Physical Therapy Facility, vacant land at 3924 and 3940 California Road for a Building Permit for a 13,600 sq.ft. building as recommended by the Planning Board 10/12/88 , arid-in accordance with Section 144-44 C (1)(a) of the Town Zoning Ordinance, a certified check in an amount of 15% of the estimated cost of completion of

all landscaping shall be deposited with the Town Clerk upon approval by the Town Board, and be it further

RESOLVED the Town Board does declare a Negative SEQRA Declaration.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #7 - Award for Sewer & Water Dept. Pickup Truck.

9 ) 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 award the bid for one (1) new 1989 1/2 Ton Pickup Truck for the Sewer & Water Dept. to Daniel's Chevrolet, Inc., 5885 Big Tree Road in an amount not to exceed Eleven Thousand One Hundred ninety-six ($11,196.00) Dollars, they being the lowest responsible bidder thereof and as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - NYSEG - replacement of defective fixtures - Penhurst & Transit.

10) 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 following replacement of defective MV fixtures with HPS during June, July, August 1988 by New York State Electric & Gas Corp.:

Penhurst Drive;

Install 1-1300 lumen HPS lamp @ $83.76 = $83.76 Remove 1-3200 lumen MV lamp @ $82.014 = $82.014

(Pole 14, Line 875) Annual Increase = $ 1.72

Transit Road;

Install 1-5200 lumen HPS lamp @ $93.33 = $93.33 Remove 1-7000 lumen MV lamp @$113.64 = $113.64

(Pole 130A, Line 6148) Annual Decrease = $18.59

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #20 Mtg. #25 10/19/88 Page 6

New Business #2 - Freeman Farms Subdv., Wellington Ln. - Proposed sketch plan.

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 refer to the Planning Board and Conservation Board the request from Freeman Farms Subdivision, Part II, west of Freeman Road on Wellington Lane, north of Jolls Lane- and Eddy Lane, for review and approval of proposed sketch plan.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12) 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:

$400.00 from A3510.446 to A3510.445 $900.00 from A3510.475 to A3510.215 $1,000.00 from A3510.486 to A3510.215

$500.00 from SM8345.000.200 to SM8345.000.503

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Woodard reported he was in receipt of the proposed 1988-1989 Snow Removal Contract from the County of Erie. The Town Board and Highway Superintendent shall review said contract.

13) 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 appointment to the Fall/Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director:

John Dapolito 50 Shadow Lane Bowling Dir. $5/HR

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Curley reviewed for the audience drainage problems and unsanitary conditions that have come to be as a result of the widening of Webster Road by the County of Erie, He then turned the floor over to Legislator Steve Pigeon.

He stated he has been in touch with the County D.O.T. and they realize that from the reconstruction of Webster Road some problems may have occurred, but some of the problems were pre-existing. After a lengthy meeting, the County did agree to clean out a portion of the ditch which is causing much of the water problems. He requested the Town Board, if it is their desire, to agree, by resolution, to subsidize 50% of the cost of cleaning out of the total ditch. He would then go back to the Erie County D.O.T. and hopefully they will agree to pay the remaining 50%.

Reg. Mtg. #20 Mtg. #25 10/19/88 Page 7

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

WHEREAS, the County of Erie did perform work along Webster Road in the Webster Road Rehabilitation Project, and

WHEREAS, the storm drainage system has not been constructed in accordance with the design plans dated September 9, 1986 as prepared by the County of Erie and therefore has created serious drainage problems, and

WHEREAS, the ditch both downstream and upstream of the culvert must be cleaned out immediately to protect the area residents and the County Highway and has been proposed for clean out by the County of Erie Engineers, and

WHEREAS, the Town of Orchard Park is not responsible for the problems created on ..Webster Road by work authorized by the County of Erie, and

WHEREAS, the Town of Orchard Park does recognize the fact that there were pre-existing drainage problems before the recent rehabilitation project

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to enter. into a cooperative agreement with the County of Erie (Dept. of Public Works) to correct the serious drainage problems along Webster Road as a result of the Erie County Webster Road Rehabilitation Project at a cost not to exceed 50% of said contract cost, or, Three Thousand Five Hundred ($3,500.00) Dollars, whichever is the lowest amount.

E. B. Woodard Aye

D. J. Mill Aye

D. P. Curley Aye

J. J. Mills Nay

P. D. Barnas Aye

THE RESOLUTION WAS DULY ADOPTED.

'Councilman Mill reported that he has been researching and reviewing the Tree Planting program for the Town of Orchard Park. There seems to be a loss of a large number of trees after planting. Perhaps the Town Board should consider buying balled and burlapped trees in the future.

Councilman Mills requested the signed petitions from residents of the area for and against the petition from Dr. Gicewicz for rezoning the property on Scherff Road from A-1 to R-2 be made part of the Public hearing and reported he shall name the appointments to the reactivated Ad Hoc Zoning Committee at eh 11/9/88 Town Board Meeting.

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 approve the request from the Highway Superintendent to purchase two (2) used two year old snow plows from the City of Jamestown at a cost not to exceed Two Thousand ($2,000.00) Dollars as provided in the 1988 Budget.

RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) 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 request from the Highway Superintendent to attend the New York State Turf Conference and Trade Show at Rochester, N.Y. 11/9 & 11/10/88 as provided in the budget.

Reg. Mtg. #20 Mtg. #25 10/19/88 Page 8

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS Omer Construction, the contractor for the Municipal Building Parking Area - South, began work on the project during the week of October 3, 1988, and

WHEREAS during the course of clearing the existing brush, it was determined that a majority of the trees along the east property line adjoining the properties on Canterbury Court could not be saved due to root damage and proximity to the new pavement, and

WHEREAS, after these trees were cleared, it became evident that the residents would be severely impacted from the loss of natural vegetation, and

WHEREAS it was then decided to remove the deteriorated chainlink fence and replace it with a new 6' high cedar stockade fence

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve Change Order #1 to Town Contract with Omer Construction in an amount of increase of Five Thousand Three Hundred thirty-five ($5,335.00) Dollars making adjusted contract amount Forty-one Thousand Nine Hundred sixty-one Dollars and twenty-five cents ($41,961.25) as recommended by the Town Engineer.

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 approve all entries on Warrant #19 following auditing by members of the Town Board and in the funds indicated:

WARRANT #19 GENERAL FUND $116,384.91

PART TOWN FUND 4,393.149

HIGHWAY FUND 31,183.114

SPECIAL DISTRICTS FUND 132,636.25

TRUST & AGENCY FUND 141,562.06

CAPITAL FUND (Norstar) 19,534.51

COMMUNITY DEV. FUND 24.05

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

19) 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. E. C. Dept. of Environment & Planning - Rescheduling of Public hearing for amendment of Article IV, Sec. 6 E.C. Environmental Code from October 27, 1988 to November 1, 1988.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.