Reg. Mtg. # 20 Mtg. # 22 10/17/90 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 17th day of October, 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

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.

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 the Preliminary Budget to the Benefit Basis, Special Districts of the Town of Orchard Park for the fiscal year beginning January 1, 1991.

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.

At this time, John Malloy, Town Accountant, reviewed said budget for members of the audience.

PROPONENTS

No one spoke.

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of the Preliminary Budget to the Benefit Basis Special Districts be and is hereby closed at 8:07 PM EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 the Preliminary Budget to the Benefit Basis Special Districts for the Town of Orchard Park for the fiscal year beginning January 1, 1991 was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 17th day of October 1990 at which all interested parties were given an opportunity to be heard

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to adopt the Preliminary Budget to the Benefit Basis Special Districts of the Town of Orchard Park, New York for the fiscal year beginning January 1, 1991 as filed with the Town Clerk.

Reg. Mtg. #20 Mtg. #22 10/17/90 Page 2

THE RESOLUTION WAS UNANIMOUSLY 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 the Preliminary Ad Valorem Budget for the Town of Orchard Park for the fiscal year beginning January 1, 1991.

At this time, John Malloy, Town Accountant, reviewed said budget for members of the audience.

PROPONENTS

No one spoke.

OPPONENTS

Gordon Gibson, 3811 Baker Road - Feels the appropriation for Senior Citizens is very low and suggested the Board survey other towns as he has done.

Marvin Ashburn, 6326 Benning Road 1] compared the budget of Highway, including the number of miles to be serviced and number of personnel with the Police Department and feels a gross inadequacy exists, and 2] disturbed when a town owned truck sits in a driveway area for 2 weeks while the person is on vacation, consequently making him believe if it not needed at the Highway for 2 weeks - it is on the excess list.

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 the Preliminary Ad Valorem Budget be and is hereby closed at 8:21 PM EDT.

Before the vote was taken, Supervisor Mill 1] advised Mr. Gibson that space is being considered in the new Town Hall Project for Senior Citizens and 2] stated under Highway Law the Highway Department is an entity of its own and not governed by the Town Board.

Highway Superintendent Geitter stated if the truck being there for 2 weeks annoys Mr. Ashburn, he will request the employee to leave it at the Highway garage where it will sit while he is away.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, following due and timely notice, a Public Hearing relating to the matter of the adoption of the Preliminary Ad Valorem Budget of the Town of Orchard Park for the fiscal year beginning January 1, 1991 was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park on the 17th day of October, 1990 at which all interested parties were given an opportunity to be heard.

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to adopt the Preliminary Ad Valorem Budget of the Town of Orchard Park, New York for the fiscal year beginning January 1, 1991 as filed with the Town Clerk.

Reg. Mtg. #20 Mtg. #22 10/17/90 Page 3

Before the vote was taken, Councilman Curley stated it was worthy of note that the expenditures are up from last year and the revenues to the Town have decreased.

Councilman Buyer stated there is need for creation of drainage districts, added expenses and materials for the Police Department and spending of revenues in other areas. He would encourage the Town Board to begin to look to long term planning.

Supervisor Mill stated the presented budget does not have a tax increase even though it reflects 1] increases in expenses, 2] payments of bonds, payment to State for lag in benefits which they allowed a number of years to pay off but the Town hopes to have it fully paid in 3 years.

THE RESOLUTION WAS UNANIMOUSLY 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:

To rezone property located at 278 Summit Avenue from R-3 to R-3 Special Exception Use to operate a travel agency as petitioned by Carolyn Perry.

PROPONENTS

Carolyn Perry, 278 Summit Avenue Stephen Perry, 278 Summit Avenue

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of Carolyn Perry's petition to rezone be and is hereby closed at 8:35 PM EDT.

Before the vote was taken, the following spoke:

Councilman Barnas asked if their clients pick up their tickets at their house? The answer was no.

Councilman Curley asked if there will be additional staff employed? The answer was no.

Councilman Mills asked if in the future their business had a substantial growth, would they consider another location?

Mrs. Perry stated there will be no additional parking or employees as this is a part-time business and will be done mostly in the evenings and on weekends.

Councilman Buyer asked if she shall be advertising.

She stated only, if at all, in the school area where she is employed.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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6) 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:

To rezone property located at 278 Summit Avenue from R-3 to R-3 Special Exception Use to operate a travel agency as petitioned by Carolyn Perry was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 17th day of October, 1990 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 received 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 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 to R-3 Special Exception Use 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. 31, Township 10, Range 7 of the Buffalo Creek Reservation and according to map filed in Erie County Clerk's Office under Cover No. 916 is known as subdivision lots numbers twenty-nine (29) and thirty (30).

This Ordinance shall take effect immediately.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING

to rezone property located at 188 Thorn Avenue from B-2 to B-2 Special Exception Use for a Veterinary Hospital as petitioned by John Clauss

PROPONENTS

Frank Buffomante, Esq. - Represents Dr. Clauss. This is not a kennel. It is a Veterinary Hospital.

Dr. John Clauss, 188 Thorn Avenue - Was born and raised in Orchard Park and this will allow him the opportunity to come back and offer the community something.

OPPONENTS

Richard Benzin, 184 Thorn Avenue

Claudia Benzin, 184 Thorn Avenue

Jean Miller, 25 Briggs Drive

Reg. Mtg. # 20 Mtg. #22 10/17/90 Page 5

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

RESOLVED that the Public Hearing in the matter of John Clauss’s petition to rezone be and is hereby closed at 8:56 PM EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 refer back to the Planning Board for review and recommendation of B-2 zoning, the request from Dr. John Clauss, 188 Thorn Avenue for use as a Veterinary Hospital.

Before the vote was taken, Town Attorney Berkowitz stated he feels the rezoning to B-2 Special Exception Use is not necessary as B-2 zoning permits medical and professional offices. Therefore if the Board desires, he feels they could vote on the issuing of a building permit and/or a Change in Use.

A discussion was held by members of the Town Board, Town Attorney and the petitioner's Attorney. As a result of this discussion Councilman Buyer withdrew his motion and Councilman Barnas withdrew his second.

9) 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 table the decision of the request from Dr. John Clauss, 188 Thorn Avenue until the 11/7/90 Town Board Meeting to allow the Town Board to further review all filed documents and information.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - Bestline Floorcovering, Baker Rd. - Change in Use.

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 schedule a Public Hearing on 11/17/90 at 8:00 PM EST in the matter of rezoning a portion of the property located at 3043 Baker Road from R-2 to B-3 as petitioned by Bestline Floorcovering Company for use as a commercial floorcovering business, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1- O.P. Health Care Center, Armor Rd. - Rezone for addition.

11) 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 refer to the Planning Board and Conservation Board the request from Orchard Park Health Care Center, Inc. 6060 Armor Road for rezoning from R-2 to R-2 Special Exception Use for addition to present facility.

Reg. Mtg. #20 Mtg. # 22 10/17/90 Page 6

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - C. Almeida, Southwestern Blvd. — Commercial Parking Permit.

12) 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 Commercial Parking Lot Permit Application #70 - Christopher Almeida, 3916 Southwestern Blvd. as recommended by the Building Inspector.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Mercy Ambulatory Care Center, Southwestern Blvd., Trailer Permit ext.

13) 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 approve the request from Mercy Ambulatory Care Center, 3669 Southwestern Blvd. for a one year extension to 11/15/91 of their office trailer permit which expires 11/15/90.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - Reservations for Association of Towns Conference in February 1991.

14) 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 Clerk to make reservations for the Association of Towns Conference at New York City in February 1991.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 - Assistant Maintenance Person for Municipal Center.

15) 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 appointment of Stanley Werner, 70143 East Quaker Street as Assistant Maintenance Worker for the Municipal Center, at Job Level 5, Step 3 effective 10/21/90.

Reg. Mtg. #20 Mtg. #22 10/17/90 Page 7

Before the vote was taken, Councilman Curley stated the town is fortunate to be able to appoint Mr. Werner as he had scored high when they interviewed for a maintenance person a few months ago. The Building maintenance coverage shall be extended to 11pm daily and shall reduce the amount contracted with outside persons for maintenance for Town Buildings.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) 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 following transfer as requested by the Justice Department:

$1,300.00 from A1110.000.449 (Court Reporter) to A1670.000.442 (Central Computer Hardware;

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill reported:

1] the following brief update on the Municipal Building Construction Project; The Town Board, Kirst Constr., the Town Engineer and Attorneys for the Town have worked out a tentative agreement relative to the construction of the new Municipal Center,

This tentative agreement is now being reviewed by the Attorneys for the Town and Kirst Construction.

The Town in its negotiations with the Contractor, through the Attorneys, has made every effort to keep the Municipal Center Project progressing with the earliest possible completion date.

We have every reason to believe that this Municipal Center Project will progress to its earliest possible completion date without further incident. The Town is pleased to report that construction is resumed this past Monday and I’m sure both parties will make every effort to improve their working relationship.

2] Jones Cable has promised to provide service to the Lakeridge Subdivision this fall

3] The Building Inspector's personnel shall be out inspecting the area for violations such as parking of trailers, boats etc. as certain ordinances apply if these are stored on the property.

4] The Town has received action on the letter sent to Dr. Clare re: maintenance of the Jolls Property and the Building Inspector has been monitoring the repairs etc.

5] The Torrax Building shall not be leased by the County to the Hazmat Team. The County review Committee has inspected the building and has decided it would be too costly to get the property in order to lease so they shall be in the process of selling said property shortly.

Councilman Curley reported 1] he had spoken with Commissioner Keane and the lease for the Torrax Building is definitely off and the building shall be prepared for sale, 2] the user rate for Erie County Sewer #3 by Orchard Park residents has been reduced by $5.00/household and, 3] the Refuse Committee is proceeding with the belief that B.F.I. shall be our contractor 1/1/91 and shall begin curb separation. Supposedly the Village of Orchard Park shall accept the proposed B.F.I. contract.

Councilman Barnas reported B.F.I. shall supply recycling receptacles to, the, residents at a savings of approximately $31,000.00 to the Town.

Reg. Mtg. #20 Mtg. #22 10/17/90 Page 8

Supervisor Mill commended all the Councilmen for their efforts to make the recycling project a huge success and was pleased to see such a community effort for this project.

Councilman Buyer reported 1] B.F.I. shall deliver the recycling receptacles the 1st week in December 2] the meeting that was scheduled on 10/10/90 with members of the Erie County Officials was cancelled as some of the County Officials cancelled at the last minute and I feel this was in bad taste and was very discourteous. The Town Board, except Councilman Curley, the Town Attorney, Building Inspector and many concerned area residents were in attendance.

Councilman Curley stated he was in the office on 10/9/90 and received a directive from the Supervisor that the scheduled meeting had been cancelled.

Supervisor Mill verified this by stating he had notified the Town Board and also some of the area residents about the cancellation.

Highway Superintendent Ronald Geitter reported 1] he shall be advertising an auction of surplus equipment to be held on 10/26/90 at 1 PM at the Highway Garage. Any Town Department may add their excess equipment if they so desire, and 2] requested the Building Inspector to inspect the Braunview Estates area in the matter of the stripping of top soil and if they are in violation of our Town ordinances have this stopped immediately.

17) 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 direct the Town Attorney to notify all County Officials including the President of Erie Community College South of a scheduled meeting on 11/28/90 to discuss the ways and means of solving the public health and safety hazards created by the concerts scheduled and held at Rich Stadium.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) 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 authorize the Supervisor to sign a contract with Industrial Appraisal Co., Ellicott Square, Buffalo New York to prepare a certified appraisal of all Town owned property to be done after the completion of the Town Hall Project at a cost not to exceed Two Thousand Eight Hundred Dollars ($2,800.00) as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to direct the Engineer to arrange for the inspection of all road structures (bridges) in need of immediate repair as recommended by the Highway Superintendent.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #20 Mtg. #22 10/17/90 Page 9

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

WARRANT #20

GENERAL FUND $ 42,365.54

PART TOWN FUND 255.14

HIGHWAY FUND 8,830.91

SPECIAL DISTRICTS FUND 77,855.64

TRUST & AGENCY FUND 131,785.29

CAPITAL FUND 172,1214.11

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

1. Town of Wales - Copy of adopted resolution 9/13/90 requesting State and Federal representatives to investigate the companies which have gouged the American public under the guise of the escalation of oil prices.

2. Town of Boston - Notification of presentation by New York State Parks-Niagara Frontier Region 10/18/90 re: 21st Century Bond Act.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:50 PM EDT.

Respectfully submitted,

Betty K. Reukauf

Town Clerk