Reg. Mtg. #12 Mtg. #14 6/20/90 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 20th day of June, 1990 at 8:00 PM EDT and there were

PRESENT AT ROLL CALL: 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

M. R. Merritt Town Engineer

ABSENT: R. A. Geitter Highway Superintendent

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 CURLEY, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 6/6/90, 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 - Buczek/Hines Excavation Permit #1-1990 renewal decision.

John Buczek and Greg Hines appeared before the Town Board requesting the renewal of Excavation Permit #1-1990. Their request had been on the agenda for the Town Board meeting of June 6, 1990 and was tabled for further review. Mr. Buczek explained they want to grade the back property and hope to have it finished at the end of this renewal period.

Supervisor Mill stated the problem the Town Board has with this project is it was originally intended to reverse the slope behind the homes for landscaping and it now seems as though it is a gravel business.

Ben M. Donnelly, President of Buffalo Creek Landscaping Inc., the contractor for said project, was in the audience and the Town Board questioned him on many aspects of the project, such as - does he have a contract with owners? how long will it be before the project is finished? can the material be removed now and stockpiled at a different area? etc.

Councilman Buyer stated this area is residential and this project should come to a finish now.

Councilman Barnas stated he will vote for a six (6) month extension and no longer.

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

RESOLVED that the Town Board be and is hereby authorized to approve the renewal of Excavation Permit #1-1990, Buczek & Hines 7380 & 7390 Milestrip Road, for the period of one (1) year, and be it further

RESOLVED this shall be the final renewal of said permit as the stipulations to said approval is that said project must be completed within the approved time span.

Before the vote was taken Councilman Buyer stated he feels this permit should be approved for less than one year.

Councilman Mills stated this type of operation relies on weather conditions and the availability of projects in need of the soil mined.

Reg. Mtg. #12 Mtg. #14 6/20/90 Page 2

Supervisor Mill stated all requirements are in order and assured Mr. Hacker, a neighboring resident to the project, that all proper postings shall be on the site.

D. J. Mill aye

D. P. Curley nay

J. J. Mills aye

P. D. Barnas nay

D. M. Buyer nay

THE RESOLUTION WAS NOT ADOPTED.

Councilman Curley suggested the Petitioners, and their Contractor, meet with the Town Board.

Councilman Buyer wants the project finished now.

Supervisor Mill stated neighbors to the project gave their approval for the Petitioners to dig nearer to the lot line than Town Ordinances require.

2) 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 approve the renewal of Excavation Permit #1-1990, Buczek & Hines 7380 & 7390 Milestrip Road, for a period of six (6) months instead of the usual one (1) year renewal, with the stipulation that strict adherence to the Ordinance be followed, as this shall be the final renewal on this project.

Before the vote was taken Supervisor Mill stated he would vote for the resolution hoping a six (6) month renewal shall be sufficient time to complete the project, although he really feels a one (1) year renewal would have been more proper.

Councilman Buyer stated he wants this business out of there now.

Mrs. Hines requested the Town Board to reconsider the six (6) month renewal and make it the usual one (1) year renewal.

D. J. Mill aye

D. P. Curley aye

J. J. Mills nay

P. D. Barnas aye

D. M. Buyer aye

THE RESOLUTION WAS DULY ADOPTED.

Old Business #2 - A.D.S. Development, North Benzing Rd. office/warehouse facility.

3) 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 the request from A.D.S. Development, Inc., 3345 North Benzing Road for a building permit for a 9,000 sq.ft. office/warehouse facility with stipulations as recommended by the Planning Board 6/13/90, and be it further

RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board, and be it further

RESOLVED, in accordance with Section 11414-1414 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 ($375.00) shall be deposited with the Town Clerk upon approval by the Town Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #12 Mtg. #14 6/20/90 Page 3

Old Business #3 - Shanor Electric Supply Co., 3605 North Buffalo Road. Change in Use.

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 approve the request from Shanor Electric Supply Co., 3605 North Buffalo Road for a Change in Use for a retail/ wholesale electric fixture and equipment business with stipulations as recommended by the Planning Board 6/13/90, and be it further

RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board, and be it further

RESOLVED, 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 ($1,200.00) shall be deposited with the Town Clerk upon approval by the Town Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - Kaleidoscope Montessori Preschool, 3680 Eggert Road - rezoning.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 7/18/90 at 8:00 PM EDT in the matter of the rezoning of property located at 3680 Eggert Road from R-2 to B-3 for the operation of a day school for young children as petitioned by Kaleidoscops Montessori School, Inc., 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 #5 – National Health Care Affiliates, Chestnut Ridge Rd. - Revised Site Plan.

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from National Health Care Affiliates, 5200 Chestnut Ridge Road for approval of revised Site Plan for a 120 bed adult care facility and granting of building permit as re-commended by the Planning Board 6/13/90, and be it further

RESOLVED the Town Board does reaffirm a Negative SEQRA Declaration granted 3/15/89, and be it further

RESOLVED, 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 ($6,000.00) shall be deposited with the Town Clerk upon approval by the Town Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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New Business # 1 - Sign DWI Contract.

7) 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 direct the Supervisor to sign the S.T.O.P. D.W.I. Agreement with the County of Erie for the year January 1, 1990 - December 31, 1990 as recommended by the Town Attorney.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Recreation Summer Staff appointments.

8) 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 approve the appointment of the following to the Recreation Summer Staff as recommended by the Recreation Director:

Molley Connerton 36 Clark St. Aide $3.86/HR 30 HRS

David Zulinke 3 Metzger Dr. S/Aide $4.15/HR 30 HRS

Heather Hasnik 16 Pawtucket Aide $3.85/HR 30 HRS

Scott Brace 36 Braunview Way Aide $3.85/HR 30 HRS

Mark Tesseyman 48 Old Orchard Aide $3.85/HR 30 HRS

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Little League Improvement expenditure.

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 approve the expenditure of One Thousand Five Hundred ($1,500.00) Dollars for Little League Improvements to be funded from A7020.000.250.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - Sign Community Development Program 1991 - 1993 Cooperation Agreement.

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

WHEREAS, it is necessary to remain in the consortium of municipalities under ERIE COUNTY'S BLOCK GRANT in order for the Town to continue its participation in the U.S. Department of Housing and Urban Development Community Development Program

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the cooperation agreement with the County of Erie pursuant to the Housing and Community Development Act of 1974, as amended by the Department of Housing and Urban Development Reform Act of 1989, for the 1991, 1992 and 1993 CDBG program years as recommended by the Town Engineer.

Reg. Mtg. #12 Mtg. #14 6/20/90 Page 5

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 (not on agenda) - Hutchens Automotive Supply Co., Southwestern Blvd.

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

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from Hutchins Automotive Supply Co., 2.5 acres vacant land on the north side of Southwestern Blvd. immediately east of the Commons Plaza for a building permit for a 10,000 sq.ft. building for an auto parts store.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill reported 1] he has referred a request from the residents of Thomaston Lane to have parking restrictions on their street consistent with the parking restrictions on Wellington Lane to the Safety Committee, and 2] he has received a check in the amount of $1,000.00 from the Metropolitan Entertainment Company, sponsors of a Rock Concert (the Grateful Dead) scheduled at the Stadium on 7/16/90 to help defray the costs and inconveniences suffered by the Orchard Park Police Department.

Councilman Barnas thanked the Board on behalf of the Lions Club for allowing then to conduct the annual fishing contest at Green Lake on 6/17/90 which. was enjoyed by over 300 children.

Councilman Buyer reported the Refuse Committee met with C.I.D. and so far everyone is cooperating to finalize the ways and means of implementing the recycling program.

12) 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 approve the request from the CROP Walk Coordinator to conduct their annual CROP Walk in the Town of Orchard Park on Sunday October 14, 1990 and to use Green Lake Recreation Center as one of the checkpoints.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, Robert Rich is making an all out effort to get Major League Baseball in Buffalo, and

WHEREAS, a franchise for Major League Baseball would greatly benefit the city and all suburban areas

NOW, THEREFORE, BE IT

RESOLVED that the Town Board be and is hereby authorized to go on record in full support of all and any effort to obtain a Major League Franchise in the City of Buffalo, and be it further

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RESOLVED a certified copy of this resolution shall be sent to County Executive Dennis Gorski and the Erie County Legislature.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, additional excavation was ordered to remove material from the building site of the Orchard Park Municipal Center Project which was contaminated with gasoline apparently caused by leaks from the existing 2,000 gallon tank used by the Police Department over a long period of time, and

WHEREAS, the additional work involved the excavation and removal of approximately

150 cy of additional earth below the proposed new basement grades and backfilling with select material

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve Change Order #6 to the Orchard Park Municipal Center Project - Contract A with Kist Construction, Inc. 7170 Boston State Road, N. Boston, N.Y. 14110 in the amount of an increase of Seven Thousand One Hundred ninety ($7,190.00) dollars bringing the total Contract A to $2,473,142.00.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION is in the process of preparing final plans for the resurfacing of Route 20A which includes in the project the relocation of approximately 2700 L.F. of waterline belonging to Orchard Park Water District #9, and

WHEREAS, NYSDOT will pay all expenses for this work, it shall be beneficial to the Town's District to have this work done and all work will be done according to Town of Orchard Park and E.C.W.A. specifications

NOW, THEREFORE, be it

RESOLVED, that the Town Board be and is hereby authorized to direct the Supervisor to sign an agreement(form HC140) with the New York State Department of Transportation authorizing the relocation of a portion of waterline in O.P.W.D. #9 as part of the US20A resurfacing project(P.I .N. 5010.15 & 16) and further agreeing to accept and maintain the new facilities upon satisfactory completion of work.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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16) 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 #12 following auditing by members of the Town Board and in the funds indicated:

WARRANT #12 GENERAL FUND $106,598.02

HIGHWAY FUND 23,858.00

SPECIAL DISTRICTS FUND 50,407.43

TRUST & AGENCY 128,608.19

CAPITAL FUND 243,276.96

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

17) 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 receive and file the communications as entered on the agenda:

1. Orchard Park Central Schools - Notice of persons elected to School Board for 3 years 7/1/90 - 6/30/93

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

Robert Fortenbaugh, 17 Ferndale - appeared before the Town Board on behalf of his mother, the owner of the property at 17 Ferndale. Last June the Orchard Park Water Department installed a new water meter at said address. Over the many years that they have resided at this address the billing periods have shown a similar amount of water usage including the billing periods since this installation. In January 1990 they received a water bill for $178.50. This should have been the amount billed for September but because of a clerical error it was as usual. There is a difference of 80,000 gallons of water. He feels that when the meter was installed the meter read 80,010 gallons and not 10 gallons as all new meters do register. He has been in touch with the Town in this matter and is requesting them to make an adjustment in this billing.

The Town Attorney, the Town Board and Mr. Fortenbaugh discussed the many aspects of the problem. The Town Attorney stated he felt there could be no adjustment as the water must have gone through the meter.

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

WHEREAS, a graph was presented by Robert Fortenbaugh, 17 Ferndale Dr., showing the water usage over many years, and

WHEREAS, the 80,000 gallons usage took place after the installation of a new meter, and

WHEREAS, the usage since the three (3) month overwhelming water meter billing has been the same as before the new water meter installation

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to take the year average excluding the bill for the quarter when the new meter was installed, subtract this average from the water bill in question ($178.50) and credit Mrs. Fortenbaugh this amount on her water billing.