Reg. Mtg. # 24 Mtg. #26 12/19/90 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 December, 1990 at 8:00 PM EST and there were

PRESENT AT ROLL: D. J. Mill Supervisor

D. P. Curley Councilman

J. J. Mills Councilman

P. D. Barnas Councilman

D. M. Buyer 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 BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 11/6/90, as presented by the Town Clerk, be and are hereby approved, and be it further

RESOLVED that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - Orchard Park Health Care, Armor Rd. - Rezone to R2 Special Excpt. Use.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a public hearing on 1/16/91 at 8:00 PM EST to rezone 3+ acres of land located at 6060 Armor Road from R-2 to R-2 Special Exception Use for construction of a 140 bed skilled nursing addition to present facility as petitioned by Orchard Park Health Care, Inc. and as recommended by the Planning Board 12/12/90, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business # 2 - Hutchins Automotive Supply Co., Commons Plaza, Southwestern, Rezone.

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

WHEREAS, following due and timely notice a public hearing relating to the matter of the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

to rezone from R-3 & B-1 to B-2 located at the northeast end of the Commons Plaza on Southwestern Blvd. as petitioned by Hutchens Automotive Supply Co. to conduct a retail business

Reg. Mtg. #24 Mtg. #26 12/19/90 Page 2

was conducted at the Municipal Building, 54295 South Buffalo Street, Orchard Park, New York on the 5th day of September, 1990 at which all interested persons were given an opportunity to be heard, and

WHEREAS, "no response" from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received, 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 AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from R-3, B-1 & R-2 to B-1 all tract or parcel of land bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Orchard Park, County of Erie and State of New York, being part of Lot No, 18, Township 10, Range 7 of the Buffalo Creek Reservation, more particularly bounded and described as follows:

Beginning at a point in the northwesterly line of Southwestern Boulevard, which point is 465.21 feet from the south line of Lot No. 18 as measured along the northwesterly line of Southwestern Boulevard, and Which point is also 50.00 feet northwesterly from the center line of Southwestern Boulevard; thence (a) N 47.01' 56" E: along the northwesterly line of Southwestern Boulevard a distance of 105.92 feet to a point; thence (b) N 40° 49' 46" E along the northwesterly line of Southwestern Boulevard a distance of 231.40 feet to a point; thence (c) northeasterly along a curve to the right having a radius of 2939.79 feet, a distance of 74.08 feet to a point in the northeasterly line of Southwestern Boulevard, said point being 75.00 feet northwesterly from the center line of Southwestern Boulevard as now laid out, Reference: Map 58, Parcel No. 63, Liber 4283 of Deeds at page 371 to the true point or place of beginning; thence:

1. Northeasterly along a curve to the right having a radius of 2939.79 feet, a distance of 232.57 feet to a point in the northeasterly line of Southwestern Boulevard; thence

2. N 41' 54' 51" E along the northwesterly line of Southwestern Boulevard a distance of 30.02 feet to a point; thence

3. N 8° 54' 30" E and along a line parallel with the west line of Lot 18 a distance of 166.98 feet to a point; thence

4. N 80' 56' 51" W a distance of 270.00 feet to a point; thence

5. S 54' 14' 48" W a distance of 229.23 feet to a point; thence

6. S 42' 57' 34" B a distance of 337.85 feet to the point and place of beginning.

Reg. Mtg. #24 Mtg. #26 12/19/90 Page 3

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 #2 - Hutchins Automotive Supply, The Commons, Rezone to B1 Special Excpt. Use

3) 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 schedule a public hearing on 1/16/91 at 8:00 PM EST in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

to rezone property from B-1 to B-1 Special Exception Use located at the northeast end of the Commons Plaza on Southwestern Blvd. as petitioned by Hutchins Automotive Supply, Co. for construction of a 10,000 sq.ft. automotive supply store and as recommended by the Planning Board 12/12/90, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Mercy Health System of W.N.Y., Chestnut Ridge Rd. - Rezone.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a public hearing on 1/16/91 at 8:00 PM EST to rezone 11± acres of vacant land located west of Chestnut Ridge Road and north of Powers Road from R-2 to R-2 Special Exception Use for construction of

a 160 bed residential health care facility as petitioned by Mercy Health System of W.N.Y. and as recommended by the Planning Board 12/12/90, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - Pine Hill Coffee, California Rd. - 6,226 sq.ft. addition.

5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 Pine Hill Coffee Service, 3538 California Road for a building permit for a 6,226 sq.ft. addition with the stipulations as recommended by the Planning Board 12/12/90 and be it

RESOLVED, the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 12/12/90.

Reg. Mtg. #24 Mtg. #26 12/19/90 Page 4

D. J. Mill aye

D. P. Curley aye

J. J. Mills aye

P. D. Barnas abstained

D. M. Buyer aye

THE RESOLUTION WAS DULY ADOPTED.

Old Business #5 - Rescind 11/21/90 resolution re: ice and snow removal agreement.

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

WHEREAS, Erie County Government has set the amount of lane/mile reimbursement at $1,300.00 for the 1990-1991 season in the 1991 Erie County Budget, and

WHEREAS, the Association of Erie County Governments Highway Committee and the Erie County Association of Town Superintendents of Highway, met and recommended the acceptance of said lane/mile reimbursement for the year 1990-1991, and

WHEREAS, a majority of the Town Supervisors voted and accepted the recommendations of the A.E.C.G.H.C. & E.C.A.T.S.H.

NOW, THEREFORE, be it

RESOLVED that resolution #4 adopted by the Town Board of the Town of Orchard Park on the 21st day of November, 1990 terminating the agreement with the County of Erie for the removal of snow and ice upon Erie County roads is hereby rescinded (in its entirety).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business. #6 - Orchard Park/Erie County Snow and Ice Removal Agreement.

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

WHEREAS, Erie County Government has set the amount of lane/mile reimbursement at $1,300.00 for the 1990-1991 season in the 1991 Erie County Budget, and

WHEREAS, a majority of the Town Supervisors voted and accepted the recommendations of the A.E.C.G.H.C. & E.C.A.T.S.H.

NOW, THEREFORE, be it

RESOLVED that the Town Board of the Town of Orchard Park be and is hereby authorized to direct the Supervisor to enter into and agreement with the County of Erie, which provides for the reimbursement to the Town of Orchard Park a sum of Thirteen Hundred ($1,300.00) Dollars per lane mile for removal of snow and ice from those County roads mutually agreed upon by both parties and as provided in "Attachment B" presently attached to the three year agreement, and be it further

RESOLVED, notification is hereby provided said County of Erie that the Town Board of the Town of Orchard Park shall continue to abide by terms and conditions of said agreement with respect to the roads enumerated herein, and be it further

RESOLVED, that the Town Clerk be and is hereby directed to send a certified copy of this resolution in a mariner which provides for receipt of said resolution on or before December 31, 1990 to Erie County Commissioner of Public Works, John C, Loffredo, at #95 Franklin Street, Buffalo, New York 14202.

Reg. Mtg. 24 Mtg. #26 12/19/90 Page 5

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #7 Apex Development, South Abbott Rd. Rezone for subdivision. - RESCINDED

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN. BUYER, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to schedule a public hearing on 1/16/91 at 8:00 PM EST to rezone approximately 93± acres of vacant land located adjacent to Orchard Meadows Subdivision, South Abbott Road and Robinhood Drive and east of Abbott Road from A-1 to R-2 for construction of a single family home subdivision as petitioned by Apex Development, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to go on record supporting the exploring of a feasibility study to revive the former Board of Supervisors and/or other alternatives to replace the Erie County Legislature for greater fiscal efficiency and reduction in cost of government.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill reported he and the Town Engineer reviewed the possibility of the Engineering Department taking over the feasibility study of the Orchard Park airport as a result of the closing of the Erie Niagara Planning Board which was in charge of this project. It certainly would provide very important information re: future environmental facts, land uses, traffic patterns and problems etc. It would be done at no cost to the Town but the responsibility of the being-in-charge of the Consultant, who has a grant and will be working on the project will fall on Engineer Merritt's office.

Councilman Mills stated he had many complaints from residents from Benning Road and requested Superintendent Geitter to survey the area for violations of use by heavy

duty vehicles.

Councilman Barnas stated recycling letters will be sent out this week. He thanked People Inc. for their help in preparing these notices. Joe Ball will handle all complaints. Our Code of Ordinances does not have a recycling area but the Town Board is working on this.

Councilman Buyer reported 1] he has received a letter from Justice Bray expressing his concern that the funds from the state and county for the D.W.I. program are due the town from the last 1/2 of 1989, and 2] requested the Town Attorney to obtain information from the Attorney Generals Office in the matter of the guilty plea by Accent Stripe to a hazardous spill. It is important that we know what type of chemicals were involved.

Reg. Mtg. #24 Mtg. #26 12/19/90 Page 6

Building Inspector Robert Sweet reported 1] he has reviewed the Fairway Drive house under construction and the owner has now sold his house in West Seneca. It should take the owner about two months to finish this house which has been a concession to everyone for many months and he will make updated reports to the Board, and 2] the McNamara property on Angle Road is making progress but is being done slowly.

Supervisor Mill stated he has inspected the area of the Fairway property and the owner certainly has made progress. Neighbors are happy at this point with the progress but something must be done to stop the drainage run off to the neighbors property.

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

RESOLVED that the Town Board be and is hereby authorized to approve the following transfers as requested by department heads and as recommended by the Town Auditor:

Highway

FROM: DA.5140.000.144 TO: A.7110.000.144

Salary of Laborers Salary of Laborers $15,000.00

A.7110.000.449 A.7110.000.149

Lake Maintenance Part Time Laborers 6,000.00

A.7110.000.449 A.7110.000.447

Lake Maintenance Fencing 500.00

A.8560.000.419 A.7110.000.445

Shade Trees Vehicle Repair 680.00

A7110.000.450 A.7110.000.447

Launching Area Fencing 395.00

A.7110.000.475 A.7110.000.447

Gasoline Fencing 1,000.00

Town Clerk:

FROM: A1450-000-444 TO: A1450-000-419 $ 40.00

Rental of buildings machine-moving/signs

A1450-000-445 A1450-000-419 69.04

machine renovation machine-moving/signs

A1450-000-110 A1450-000-419 627.75

Inspectors salary machine-moving/signs

General Fund

From: To:

Town Board:

A1010.000.413 Travel & Conference $ 200 A1010.000.419 Other Expenses $ 200

Town Justice:

11110.000.449 Court Reporter 1,200 A1110.000.137 Salary-Clerical 1,200

Tax Collection:

U330.000.414 Computer Training 200 A1330.000.111 Salary of Deputy 200

A1330.000.414 Computer Training 100 A1330.000.400 Office Supplies 100

Assessor:

L1355.000.137 Salary-Clerical 100 A1355.000.111 Salary-Deputy 100

Town Clerk:

A1410.000.413 Travel & Conference 850 A1410.000.111 Salary-Deputy Clerk 1,050

A1410.000.460 Codification of Ordinances 200

Engineer:

1440.000.413 Travel & Conference 400 A1440.000.412 Mileage 150

A1440.000.475 Gasoline 250

Buildings:

J620.000.446 Contracted Repair & Maint. 10,000 A1620.000.144 Salary-Maint. Personnel 6,500 A1620.000.405 Maintenance Supplies 2,000

A1620.000.420 Telephone 1,500

1910.000.480 Contingent 33,500 A1620.000.420 Telephone 8,500

A1620.000.421 Electric 25,000

Reg. Mtg. #24 Mtg. #26 12/19/90 Page 7

Central Printing and Mailing:

Al670.000.439 Rental-Copy Machines 1,500 A1670.000.411 Postage 1,500

A1440.000.111 Salary of Engineering Asst. 4,500 A1670.000.441 Central Comp. Software 500

A1670.000.444 Central Comp. Maint. 4,000

Special Items:

A1440.000.111 Salary of Engineering Asst. 20,000 A1910.000.431 Unallocated Insurance 20,000

Police:

A3120.000.100 Salary of Police 2,500 A3120.000.407 Uniform Allowance 2,500

A3120.000.409 Ammunition - Range Fees 100 A3120.000.412 Mileage Reimbursement 100

Traffic Control:

A3310.000.144 Salary of Laborers 6,000 A3310.000.215 Signs 2,500

A3310.000.443 Repairs 3,500

Recreation - Playgrounds:

A7020.000.237 District V - Hockey & A7020.000.149 Salaries - Other

Basketball 950 Recreation Personnel 750

A7020.000.402 Arts & Crafts Supplies 200

A7020.000.470 Trophies & Referee Fees 50 A7020.000.463,Transportation 50

A7020.000.412 Mileage Reimbursement 50 A7020.000.419 Other Expenses 50

Shade Trees and Beautification:

A8560.000.419 Shade Trees 1,700 A8560.000.417 Beautification &

Spraying 1,700

Employee Benefits:

A9010.000.810 State Retirement 14,500 A9040.000.813 Workmen's Compensation 14,500

GENERAL FUND BUDGET AMENDMENT

Increase A510 Estimated Revenues

A.5130.000.002 Transfer from Capital Fund $50,000

Increase A960 Appropriations

A.9015.000.811 Police Retirement $50,000

To cover debt service interest on February 1990 bond sale and additional payment on 1987-88 and 1988-89 retirement liability.

Part-Town Fund

From: To:

Safety Inspection

B.3620.000.137 Salary of Clerical $300 B.3620.000.111 Salary of Deputies $300

Zoning

B.8010.000.456 Professional Services 100 B.8010.000.400 Office Supplies100

Employee Benefits

B.8010.000.456 Professional Services 650 B.9060.000.815 Hospital & Med. Ins 650

B.3620.000.476 Contracted Fire Inspection 350 B.9060.000.815 Hospital & Med. Ins.350

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #24 Mtg. #26 12/19/90 Page 8

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

RESOLVED that the Town Board be and is hereby authorized to proclaim the month of January 1991 as "Mothers March of Dimes" month in the Town of Orchard Park.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, all construction work on the Traffic Signal Installation Big Tree Road and Centre Drive Project has been satisfactorily completed and the contractor has submitted the two year maintenance bond and other required documents

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the final change order to our contract with T. H. Green Electric Co., 235 Metro Park, P.O. Box 9911, Rochester, New York 14623, for the traffic signal installation at Big Tree Road and Centre Drive in the amount of an increase of $588.25, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS the over-under sheets and final change order summarizing the net change in final quantities for each bid item has been submitted, and

WHEREAS the total adjustment results in an increase of $869.85 bringing the total contract amount to $37,593.62, and

WHEREAS, this contract is partially funded by an Industrial Access Program Grant as part of Quaker Centre Industrial Park - Phase Four

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to Release the Retention

and Final Payment to the T. H. Green Electric Co. for the installation of the traffic signal at Big Tree Road and Centre Drive, Contract #89-499, in the amount of $1,879.68.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, all construction work on the Joint Town/Village Waterline Project #87-452, Contract #1 has been satisfactorily completed and the contractor has submitted the

Reg. Mtg. #24 Mtg. #26 12/19/90 Page 9

required two year maintenance bond and other required documents, and

WHEREAS, the project over-under sheets and final change order summarizes the net change in final quantities for each bid item

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the final Change Order for the Town/Village Waterline Project Contract #1 to Milherst Construction Inc., 2601 Millersport Highway, Getzville, N.Y. in the amount of a decrease of $34,289.08 as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, all construction work in the Joint Town/Village Waterline Project #87-452 Contract #1 has been satisfactorily completed and the contractor has submitted the required two year maintenance bond and other required documents

NOW, THEREFORE, be it

RESOLVED that the Town Board does hereby authorize the Release of Retention and Final Payment to Millherst Construction Inc., 2601 Millersport Highway, Getzville, New York for the Joint Town/Village Waterline Project Contract #1 in the amount of $21,449.08 as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, additional work to Contract A (General) for the Orchard Park Municipal Center Project includes as follows: changes in door hardware in the police wing for security purposes; modifications to the public toilet rooms (lobby area) to accommodate plumbing fixtures; repairs to the front stairs and rain gutters of the former post office building which were not specified on the original plans, repairs to the slate roof of the existing Town Hall; and a vapor barrier beneath the new basement floor of the two story addition due to gasoline leaking into the subsoil from the former police gas tank

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve Change Order #8 to the Orchard Park Municipal Center Project - Contract A with Kirst Construction, Inc., 7170 Boston State Road, North Boston, N.Y. 14110 in the amount of an increase of $8,650.51 bringing the total of Contract A to $2,487,417.01, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #24 Mtg. #26 12/19/90 Page 10

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

WHEREAS, additional work to Contract A (General) for the Orchard Park Municipal Center Project includes as follows: an additional chase wall and soffit in the police lieutenant's office to accommodate mechanical systems; modifications to the stockade fence along the east property line to accommodate grade differentials not shown properly on the plans; additional excavation of the existing parking area and additional paving to correct inaccurate elevations and grades as shown on the plans; a storm line to drain a low area on the north side of the two story addition; and modifications to door hardware in the police wing and old Town Hall to meet code and for security purposes

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve Change Order #9 to the Orchard Park Municipal Canter Project - Contract A with Kirst Construction, Inc., 7170 Boston State Road, North Boston, N.Y. 14110 in the amount of an increase of $8,118.09, bringing the total of Contract A to $2,495,535.10, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to proceed with dedication of those public improvements installed in Woodridge Park Townhouse Part 2 Phase 2 P.I.P. #208, subject to completion of punch list items, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to direct New York State Electric & Gas Corp to install the following street light fixtures on Old Orchard Lane as per their proposal dated 12/10/90:

Orchard Meadows Part 8, Phase 6

Install 4 - 3300 lumen HPS lamp @ $93.23 ea. $372.92

Standards 9 10 11 12 annual increase $372.92

Standards and Conductors installed by developer. To be owned and maintained by Town of Orchard Park.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #24 Mtg. #26 12/19/90 Page 11

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

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #24 following auditing by members of the Town Board and in the funds indicated:

WARRANT #24

GENERAL FUND $230,322.12

PART TOWN FUND 11,189.14

HIGHWAY FUND 96,085.67

SPECIAL DISTRICTS FUND 68,917.93

TRUST & AGENCY FUND 188,955.90

CAPITAL FUND 236,936.84

DEBT SERVICE FUND 73.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

John Coleman - requested info as to when legislation will be out in place for recycling?

Supervisor Mill stated it will take about 6 months to do it slowly and precisely. The Town wants residents support on a voluntary basis.

Marvin Ashburn, 6326 Benning Road - would suggest the Town Board go on record in the matter of the wetland situation. The Federal Government is in favor of subsidizing owners but the State is against it.

Councilman Barnas thanked Richard Mrugalski, a member of the Engineering Staff for his endeavor to collect food from municipal employees for the baskets to be distributed at Christmas by the Lions Club.

Supervisor Mill wished everyone a Very Merry Christmas!

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:34 PM EST.

Respectfully submitted,

Betty K. Reukauf

Town Clerk