Reg. Mtg. #9 Mtg. #11 5/2/90 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 2nd day of May, 1990 at 8:00 P.M. EDT and there were

PRESENT AT ROLL CALL: D. J. Mill Supervisor

D. P. Curley Councilman

J. J. Mills 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

ABSENT: P. D. Barnas Councilman - out of Town on business

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 BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 3/21/90 and 4/18/90, 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 DULY ADOPTED.

PUBLIC HEARING

At 8:00 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 Code of Ordinances, which amendment provides as follows:

§124-2 is hereby amended as follows:

A. Income of owner.

1. Real property owned by one (1) or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife, one (1) of whom is sixty-five (65) years of age or over, shall be exempt from the general town tax in accordance with the following table:

PERCENTAGE VALUATION

ANNUAL INCOME [OWNER(S)] EXEMPT FROM TAXATION

Income Up to #12,025 50% Exemption

$12,026 to $12,625 45% Exemption

$12,626 to $13,225 40% Exemption

$13,226 to $13,825 35% Exemption

$13,826 to $14,425 30% Exemption

$14,426 to $15,025 25% Exemption

$15,026 to $15,625 20% Exemption

§124-2 A (5) will state the following:

Any person otherwise qualifying under this section shall not be denied exemption under this section if that person becomes sixty-five years of age after the appropriate taxable status date and before December 31 of the same year

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 2

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

Marvin Ashburn, 6326 Benning Road - Does not feel the exemption is great enough as it does not comply with the cost of living increase. Also regardless of when the Senior Citizens’ birthday is, it should be noted they must apply for exemption before June 1st to qualify.

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

RESOLVED that the Public Hearing in the matter of the Old Age Tax Exemption §124-2 be and is hereby closed at 8:15 PM EDT.

THE RESOLUTION WAS DULY ADOPTED.

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

WHEREAS, following due and timely notice, a public hearing relating to the matter of an amendment to Chapter 1214, Article 2 entitled "PARTIAL EXEMPTION FOR AGED"

of the Code of Ordinances of the Town of Orchard Park, S-14295 South Buffalo Street, Orchard Park, New York on the 2nd day of May 1990 at which all interested parties were given an opportunity to be heard

NOW, THEREFORE, be it

RESOLVED AND ORDAINED that the Code of Ordinances of the Town of Orchard Park be and is hereby amended as follows:

FOR OLD AGE TAX EXEMPTION

Chapter 1214 Article 2

PARTIAL EXEMPTION FOR AGED

§124-2 Conditions for exemption.

A. Income of owner.

1. Real property owned by one (1) or more persons, each of whom is sixty-five (65) years of age or over, or real property owned by husband and wife, one (1) of whom is sixty-five (6.5) years of age or over, shall be exempt from the general town tax in accordance with the following table:

PERCENTAGE VALUATION

ANNUAL INCOME [OWNER(S)] EXEMPT FROM TAXATION

Income Up to $12,025 50% Exemption

$12,026 to $12,625 45% Exemption

$12,626 to $13,225 40% Exemption

$13,226 to $13,825 35% Exemption

$13,826 to $14,425 30% Exemption

$14,426 to $15,025 25% Exemption

$15,026 to $15,625 20% Exemption

§124-2 A (5) will state the following:

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 3

This amendment 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 2614 and 265 of the Town Law and shall effect the tax rolls as of 6/1790

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

THE RESOLUTION WAS DULY ADOPTED. PUBLIC HEARING

At 8:00 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:

Section 144-22-G

A driveway to any structure or any hard surface other than natural vegetation shall be located no closer than five (5) feet to the lot line. This section shall apply to all lots in the business zones and the industrial zones. This section -shall apply to any subdivision lot which has not received concept approval on or before January 1, 1990 and to any newly created lot which is filed in the Erie County Clerk's Office subsequent to January 1, 1990;

PROPONENTS

No one spoke.

OPPONENTS

No one spoke.

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

RESOLVED that the Public hearing in the matter of §144-22-G, placement of driveways, be and is hereby closed at 8:20 PM EDT.

THE RESOLUTION WAS DULY ADOPTED.

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

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 4

Amend Section 144-22-G to read as follows:

A driveway to any structure or any hard surface other than natural vegetation shall be located no closer than five (5) feet to the lot line. This section shall apply to all lots in the business zones and the industrial zones. This section shall apply to any subdivision lot which has not received concept approval on or before January 1, 1990 and to any newly created lot which is filed in the Erie County Clerk's Office subsequent to January 1, 1990;

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 2nd day of May 1990 at which all interested parties were given an opportunity to be heard, and

WHEREAS, approval from the Town 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 of the Town of Orchard Park be and is hereby amended as follows:

Section 11414-22-G

A driveway to any structure or any hard surface other than natural vegetation shall be located no closer than five (5) feet to the lot line. This section shall apply to all lots in the business zones and the industrial zones. This section - shall apply to any subdivision lot which has not received concept approval oil or before January 1, 1990 and to any newly created lot which is filed in the Erie County Clerk's Office subsequent to January 1, 1990;

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 2614 and 265 of the Town Law.

THE RESOLUTION WAS DULY ADOPTED.

Old Business # 1, # 2, # 3 - Scheduling of Public Hearings for rezonings.

5) 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 6/6/90 at 8:00 PM EDT in the matter of the following as recommended by the Planning Board 14/25/90:

#1 - Ronald Buss, 7159 Michael Road - Rezone from B-3 to R-3 for construction of two family residence.

#2 - Lois E. Buss, 3030 Baker Road - Rezone from B-3 to R-3 for construction of two family residence.

#3 - Donald Treeby, 3070 Baker Road - Rezone from R-2 to R-3 for construction of two family residence.

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 5

and be it further

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

THE RESOLUTION WAS DULY ADOPTED.

Old Business #4 - O.P. Medical Facility, N. Buffalo Rd. - Amended Site Plan, Bldg. Permit.

6) 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 Orchard Park Medical Facility, 3725 North Buffalo Road for approval of amended site plan with stipulations, issuance of a building permit and reaffirmation of a Negative SEQRA Declaration as recommended by the Planning Board 4/25/90.

THE RESOLUTION WAS DULY ADOPTED.

Old Business #5 - Revised garbage contract.

7) 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 direct the Supervisor to sign the revised garbage contract with C.I.D. which provides that the contractor shall not dispose of separated recyclables in a disposal site with other acceptable solid waste without first notifying the Municipality at least ten (10) days in advance of the act, that the contractor is not recycling the separated recyclables.

Before the vote was taken, Supervisor Mill stated Councilman Barnas is aware of the revision and is in full agreement.

THE RESOLUTION WAS DULY ADOPTED.

8) 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 direct the Supervisor to sign the following assignment from Eastern Waste-Southtowns, Inc.:

WHEREAS, Eastern Waste-Southtowns, Inc. (hereinafter Eastern), is a business corporation organized and existing under the laws of the State of New York,

WHEREAS, C.I.D. Refuse Service, Inc. (hereinafter C.I.D.), is a business corporation organized and existing under the laws of the State of New York,

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 6

WHEREAS, the Town of Orchard Park (hereinafter the Municipality) is a municipal corporation organized and existing under the laws of the State of New York,

WHEREAS, the Municipality advertised for bids for the collection and disposal of garbage and refuse within the Municipality,

WHEREAS, the Municipality has determined that C.I.D. in combination with Eastern was the lowest responsible bidder,

WHEREAS, C.I.U. and Eastern are affiliated corporations in that they have common ownership,

WHEREAS, it is convenient for the parties to have the rights and obligations of Eastern assigned to its affiliate, C.I.D.

NOW, therefore, it is agreed

1. That Eastern does hereby assign all of its rights and obligations in any bid or contract with the Municipality that is or may be signed by the parties in relation to this bid to C.I.D.; and

2. That the Municipality does hereby expressly consent to the assignment; and

3. That except for the fact that C.I.D. is substituted for Eastern the rights and obligations of the parties in relation to any bid or any contract arising out of this bid solicitation are unchanged.

THE RESOLUTION WAS DULY ADOPTED.

Old Business #6 - J. W. Zimmer, Berg Rd. - Designate Lead Agency, Receive EAF response.

9) 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 James W. Zimmer Assoc., 12.7 acres of vacant land, south side of Berg Road, west of RT 219 to designate the Town Board Lead Agency, receive for review the Environmental Assessment Form (EAF) response from the petitioner and refer the response to all and any involved Town Departments.

THE RESOLUTION WAS DULY ADOPTED.

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 7

New Business # 1 -Summer Recreation Appointments.

10) 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 following appointments to the Summer Recreation Staff as recommended by the Recreation Director:

NAME ADDRESS POS RATE HRS

Kim Alberalla 34 Carey Dr. Swim $4.15 30

Catherine Cavanaugh 107 Stonehenge Swim $4.15 30

Mike Syrek 28 Pine Terr. Tennis $3.85 30

Diane Jahnke 50 Summit Ave. D/C $3.85 30

Rachel Scarpello 4 Forsythia Ct. P/G $3.85 35

Colleen Vogel 6 Ridgewood P/G $4.75 35

Barbara Gura 38 Butternut Swim $4.15 30

Kellie Kandefer 276 Highland Tennis $3.85 30

Chris Melerski 45 Butternut Tennis $3.85 30

Margaret Hecht 14 Coventry Ten/Super $4.75

Carrie Cook 4424 California D/C $3.85 30

Daniel Bray 37 Stoneybrook B/B $3.85 30

Mike Behm 210 Independence B/B Dir. $4.75 30

Mike Pasquarella 61 Vistula P/G Dir. $4.75 35

Jeff Morrow 63 Chauncey D/C Aid $3.85 30

THE RESOLUTION WAS DULY ADOPTED.

New Business #2 & #3 - Referrals to Planning Board.

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

#2 - American Legion Post #567, 37140 N. Buffalo Road - Requests building permit for covered entrance on southwest corner.

#3 - Zaepfel-Krog Corp., 40 Centre Drive - Requests building permit for a multi-tenant building.

THE RESOLUTION WAS DULY ADOPTED.

New Business #14 - "Safety Week" Proclamation.

12) 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 proclaim the week of May 21 - 26, 1990 as "Safety Week" in the Town of Orchard Park.

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 8

THE RESOLUTION WAS DULY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Gregory Fromm, 81 Potter Avenue, as summer help for the Municipal Center.

THE RESOLUTION WAS DULY ADOPTED.

New Business #6 (not on agenda) - Property at 3242 Angle Road.

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

WHEREAS, the Town Board of the Town of Orchard Park did adopt an amendment to the Code of Ordinance, Chapter 47, entitles Dangerous and Unsafe Buildings on 5/16/84, and

WHEREAS, Building Inspector Robert Sweet has submitted to the Town Board a report pursuant to Chapter 47, Section 2 of the Orchard Park Town Ordinance pursuant to the new adopted Ordinance in the matter of the building at 3242 Angle Road

NOW THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to comply with provisions of Chapter 47 of the Code of Ordinances of the Town of Orchard Park as it relates to the building at 3242 Angle Road, and be it further

RESOLVED, the Town Board shall schedule a Public Hearing on May 16, 1990 at 8:15 PM EDT for the purpose of giving the owners of property at 3242 Angle Road, and any other person, the opportunity to be heard respecting removal and/or securing of said structure.

THE RESOLUTION WAS DULY ADOPTED.

Supervisor Mill reported the Town does not have a Town wide trash pickup. All items must be put out at the curb on regular garbage collection day and there is a maximum allowance of eight (8) items per pick up each week.

Councilman Curley reported he attended the Southtowns Solid Waste Committee meeting and Orchard Park certainly is way ahead in the area of complying with the laws of waste control.

Councilman Mills reported he spent some time riding with Mr. Ashburn in the Agricultural area of the Town and the littler and trash is absolutely disgusting. He feels something must be done about this.

Councilman Buyer reported 1] he is quite concerned about the Public Hearing scheduled for June 6, 1990 in the matter of Recreation Land Fees as the Planning Board and the Recreation Committee have different cost schedules, 2] asked Town Attorney Berkowitz to research the legality of the Town paying for the lighting at the tennis courts at the High School as the School District is still waiting for an answer and 3] noticed that NDC Homes is on the Planning Board agenda for approval and certainly the many people who signed the petition that I reported a couple of meetings ago will be there to let the Town know about their concerns especially the drainage problems.

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 9

Highway Superintendent Ronald Geitter stated as of 5/7/90 the Highway Department shall be on summer hours, 7:00 am - 3:30 pm and his office will be open until 4:00 pm.

15) 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 rescind resolution #9, Town Board Meeting 4/4/90 scheduling a Public Hearing on 6/6/90 at 8:00 PM EDT in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park entitled "Schedule of Zoning Fees".

THE RESOLUTION WAS DULY ADOPTED.

16) 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 direct the Supervisor to sign the Easement with the County of Erie in the matter of the connection of the original sewers on Bruce Drive in the Scherff Road area to the connection with Contract AM-IC as recommended by the Town Attorney.

THE RESOLUTION WAS DULY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a bicycle and other unclaimed items auction on 5/26/90 at 10:00 AM EDT at the rear of the Police Complex as requested by Police Chief Robert Henning, and be it further

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

THE RESOLUTION WAS DULY ADOPTED.

18) 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 direct the Supervisor to sign

the 1989 - 1990 Community Development Agreement with the County of Erie authorizing the expenditure of said funds as recommended by the Town Engineer.

THE RESOLUTION WAS DULY ADOPTED.

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 10

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

WHEREAS, in order for the Town of Orchard Park to be eligible to participate in the Erie County Consortium Community Development Program, a public hearing is required for the project selection process, and

WHEREAS, the Towns allocation this year will be $34,183.00

NOW THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to schedule a Public hearing on 6/6/90 at 8:00 PM EDT in the matter of the use of 1990 - 1991 Community Development Funds as recommended by the Town Engineer, and be it further

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

THE RESOLUTION WAS DULY ADOPTED.

20) 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 all entries on Warrant #9 following auditing by members of the Town Board and in the funds indicated:

WARRANT #9 GENERAL FUND $113,075.04

PART TOWN FUND 1,382.97

HIGHWAY FUND 5,336.33

SPECIAL DISTRICTS FUND 10,323.29

TRUST & AGENCY FUND 160,048.99

CAPITAL FUND 35,086.76

THE RESOLUTION WAS DULY ADOPTED.

21) 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 receive and file the Communications as entered on the agenda:

1. Erie County Water Authority - Re: Tariff changes - letter dated 3/23/90 & 4/16/90.

2. Village of Springville - Copy of letter to E.C. Dept. of Emergency Services re: Request for scheduling of evening classes for 1990 Code Enforcement Training.

3. Jones Intercable - Copy of documents relative to five year renewal option as filed with the N.Y.S. Commission on Cable Television.

4. Town of Colden - Copy of adopted resolution re: request for tour of County Roads and opposition to additional tax.

THE RESOLUTION WAS DULY ADOPTED.

Reg. Mtg. #9 Mtg. #11 5/2/90 Page 11

22) 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 receive and file the report as entered on the agenda:

1. Building Permits and Building Inspector's monthly report for April 1990.

THE RESOLUTION WAS DULY ADOPTED.

BUSINESS FROM THE FLOOR

1. Frank Newton, 6463 Bunting Road - Congratulated Highway Superintendent Ronald Geitter

on becoming a Director of the Erie County Fair Association.

2. Marvin Ashburn, 6326 Benning Road - Questioned why certain residents and/or certain streets have their limbs etc. picked up more quickly than others?

3. Harold Heller, 26 Greenwood Dr. - Requested an update report on the Green Lake Project. Town Engineer Michael Merritt stated some work has been done on the beach area and hopefully this will help greatly the clarity of the deeper area of the lake.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:17 PM EDT.

Respectfully submitted,

Betty K. Reukauf

Town Clerk

Reg. Mtg. #9 Mtg. #11 5/2/90 Page ii