Reg. Mtg. #22 Mtg. #24 11/21/90 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 21st day of November, 1990 at 8:00 PM EST and there were

PRESENT AT TOLL 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

J. Michael Wolf Deputy Town Attorney

Joseph Campion Assistant Building Inspector

R. C. Henning Police Chief

R. A. Geitter Supt. of Highways

ABSENT: L. Berkowitz Town Attorney

R. W. Sweet Building Inspector

M. R. Merritt Town Engineer

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.

Old Business #1 - Weller Land & Realty, Southwestern - Office Retail Facility.

1) 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 approve the request from Weller Land and Realty Co., Inc., 2939 Southwestern Blvd. for a building permit for a 10,109 sq.ft. office retail facility as recommended by the Planning Board 11/14/90 with the following stipulations:

1. a dumpster, if installed, must be screened

2. sixteen (16) Colorado Blue Spruce trees shall be added as shown on the plan

3. facility lighting shall be located on the perimeter facing inward

4. two (2) temporary sewers 'easements must obtained from his property to Michael Road in order to connect with an existing sewer line since there are no sewer lines along Southwestern Blvd. at this location

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 ($525.00) shall be deposited with the Town Clerk upon approval by the Town Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Dr. R. Jakubowski, Abbott Rd. - Change in Use to Medical Office.

2) 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 request from Dr. Robert Jakubowski, 3797 Abbott Road for a Change in Use from residence to medical offices with stipulations as recommended by the Planning Board 11/14/90, 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 ($150.00) shall be deposited with the Town Clerk upon approval by the Town Board.

Reg. Mtg. #22 Mtg. #24 11/21/90 Page 2

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1, #2 & #4 - Referrals to the Planning Board

3) 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 refer to the Planning Board and Conservation Board the following items as entered on the agenda:

#1. Pine Hill Coffee Service, 3538 California Road - Requests building permit for a 40' x 156' addition to present facility.

#2. REPP Construction Co., inc. vacant land north of 3876 Taylor Road - Requests concept review and building permit for an 8,200 sq.ft. office/warehouse building.

#4. W.N.Y. Catholic Long Term Care, Inc. (Mercy, Our Lady of Victory and St. Joseph Hospitals) corner of Powers & Chestnut Ridge Road - Request concept review for construction of 160 bed residential health care facility and/or Special Exception Use.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time, Highway Superintendent Ron Geitter reviewed for the Town Board and the audience the provisions of the three year Snow and Ice Control Contract with the County of Erie. He stated last year it cost the Town about $1,800/lane mile to plow County roads and was reimbursed only $1,100/lane mile. The Town is requesting an additional $400/lane mile making a reimbursement of $1,500/lane mile and certainly with the increase of gasoline, oil etc., it will not cover the Town’s cost. Meetings have been held with the County since last January and he is frustrated by the County's attitude.

New Business #3 - Erie County Snow and Ice Control reimbursement.(this reso was rescinded)

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

RESOLVED that the Town Board of the Town of Orchard Park, and a party to an agreement entered into by and between the Town of Orchard Park and the County of Erie effective the 1st day of November, 1989, for the removal and control of ice and snow on certain county roads, does hereby exercise its option under paragraph numbered "FOURTH" of

said agreement to terminate the same effective January 1, 1991, and by this resolution, does hereby provide written notice pursuant to said agreement to the County of Erie, that the agreement is so terminated and that the Town of Orchard Park shall not be bound by any term thereof on or after January 1, 1991; and be it further

RESOLVED that in the event the County of Erie shall establish and approve a rate of reimbursement to the Town under said agreement in an amount of not less than $1,500 per lane mile prior to this termination taking effect, this resolution shall be deemed ineffectual and shall not serve to cause termination of the said agreement, without further action of this Board; and be it further

RESOLVED that the Town Clerk be and is hereby directed to cause to be transmitted

to the County of Erie a certified copy of this resolution in a manner which provides for the receipt of such notification by the County of Erie on or before November 30,

1990.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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Supervisor Mill stated the above adopted resolution fulfills the Town's obligation by returning the County roads back to them 1/1/91 with a 30 day notification. At a recent meeting of the Supervisors Association it was suggested that all info should be taken back to the Town Boards and a resolution be drafted for the record. If there should be a serious problem the Highway Superintendent will not leave the residents living on County roads stranded.

Councilman Curley stated in the resolution passed last year the Town stated they would not plow the County roads under our jurisdiction. This year we are returning these roads to the County. Mr. Loffredo, Erie County Commissioner of Public Works stated the County has equipment and man power to take care of these roads.

Councilman Mills stated he really feels the asking rate of $1,500/lane mile is too small as gasoline and liability costs have gone up 37%.

Councilman Barnas stated last year a similar resolution was passed and some of the Towns reneged on their agreement and did in fact plow some of the County owned roads.

Councilman Buyer stated it seems the bigger the Municipality and/or form of government the larger the tax rate and the fewer services.

5) 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 approve the following transfer as requested by the police Chief:

$4,000.00 from #A3120.000.215 (other equipment)

to #A3120.000.407 (Uniform allowance)

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

6) 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 transfer as requested by the Town Auditor

$25,000.00 from #A1910.000.480 (Contingent)

to #A9010.000.810 (Employees Retirement)

$26,500.00 from #A1910.000.480 (Contingent)

to #A9015.000.811 (Police Retirement)

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill reported 1) last Wednesday the Town and Village Boards held a joint discussion meeting to review the signed lease and other items of interest to both Municipalities. It was a very productive meeting and both boards want to have a workable agreement and a very pleasant coexistence in our new facility. Other meetings shall be held in the very near future and 2] congratulated Councilman Buyer on his election.

Councilman Curley reported he recently met with Commissioner Keane and Mr. Messing re: HAZMAT relocating in Boston and although they thought it was a permanent offer, they find it was not. He is in favor of the S.S.#3 Duerr Road site and he suggested the HAZMAT group make an offer for S.S.#3 property on Duerr Road.

Councilman Buyer asked if Mr. Narbe does in fact have a $10,000.00 deposit for the purchase of the property on Duerr Road?

Councilman Curley answered that Mr. Narbe does have a contract signed but it has not been finalized.

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Supervisor Mill state he had spoken with Commissioner Keane and he is in favor of the S.S.# 3 Duerr Road site for the HAZMAT Team. Perhaps it could be a co-operative effort as we need added parking for Little League and they need a building. Perhaps we can research this area.

Councilman Barnas reported 1) a letter shall be sent out shortly to all the residents explaining the recycling program which will begin 1/1/91. A pamphlet shall be distributed by B.F.I. Waste Systems when the recycling bins are distributed next month, and

2) being a member of the Recycling Committee has been a real learning experience and is grateful to all who have helped in any way to get this project on track.

Councilman Curley stated he is pleased to have been part of the Recycling Committee and January 1, 1991 shall be known as D Day.

Councilman Buyer stated 1) the recycling program shall be a new way of life for everyone and 2) a meeting has been scheduled on 11/28/90 with Erie County personnel re: public health & safety in the Stadium area. The Chamber of Commerce requested approval to attend the meeting.

7) 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 #22 following auditing by members of the Town Board and in the funds indicated:

WARRANT #22

GENERAL FUND $ 96,963.77

PART TOWN FUND 433.65

HIGHWAY FUND 67,096.67

SPECIAL DISTRICTS FUND 57,719.33

TRUST & AGENCY FUND 133,329.87

CAPITAL FUND 77,113.06

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8) 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 Communication as entered on the agenda:

1. Western New York Economic Development Corp., 424 Main Street, Buffalo, N.Y. - Copies of General Project Plans and findings for the proposed Enidine Inc. Business Assistance Project.

D. J. Mill aye

D. P. Curley abstained - conflict of interest

J. J. Mills aye

P. D. Barnas aye

D. M. Buyer aye

THE RESOLUTION WAS DULY ADOPTED.

BUSINESS FROM THE FLOOR

1. John Coleman 1] wanted clarification if it was a three (3) year contract for snow removal with the County, and 2] suggested the Highway Superintendent send a breakdown of the cost to the Town per lane mile to to plow and ice control County roads to the Buffalo News.

2. Marvin Ashburn, 6326 Benning Road 1] the legal notices printed in the BEE should be

in larger print, 2] the referral of new business #4 to the Planning Board should

have the notation that it shall be an "open staff" and not a "closed system" and

3] wished the Town Board a Happy Thanksgiving.