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 1st day of April 1992 at 8:00 P.M. EST and there were

PRESENT AT ROLL CALL: D. J. Mill Supervisor

P. D. Barnas Councilman

D. M. Buyer Councilman

N. W. Ackerman Councilwoman

Betty K. Reukauf Town Clerk

J. Michael Wolf Deputy Town Attorney

R. W. Sweet Building Inspector

R. C. Henning Chief of Police

M. R. Merritt Town Engineer

ABSENT: J. J. Mills Councilman - vacation

L. Berkowitz Town Attorney - vacation

R. A. Geitter Supt. of Highways - vacation

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 BARNAS, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 3/4/92 and 3/18/92, 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.

New Business #1 - Summer Recreation Staff appointments.

#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 approve the appointments of the following residents to the 1992 summer Recreation Staff as recommended by the Recreation Director:

Kim Alberalla 34 Carey Dr. HD/Guard $5.45/HR 30 HRS

Colleen Bonner 10 Fir Top Guard 4.50 30

Marcy Hiller 25 Crescent Aide 4.25 30

Marie Wyzykiewicz 5918 Benning Aide 4.25 30

THE RSOLUTION WAS DULY ADOPTED.

New Business #2 - Street Lighting - Woodridge Park Townhouses.

#2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the following street lighting proposal for Woodridge Park Townhouses from New York State Electric and Gas Corp. dated 3/26/92.

Southwick Drive

Install 6 - 3300 PT lumen HPS lamps @ $97.89 ea. = $587.34

Std. - 6,7,8,9,10,11 L-SU

TOTAL ANNUAL INCREASE = $587.34

THE RESOLUTION WAS DULY ADOPTED.

New Business #3 O.P. Presbyterian Church, Annual Confirmation Class Picnic, Yates Park.

#3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Orchard Park Presbyterian Church for use of Yates Park Recreation Building and grounds for the Confirmation Class Picnic on May 20, 1992 from 5:00 PM to dusk.

THE RESOLUTION WAS DULY ADOPTED.

New Business #4 - O.P. Presbyterian Church, Annual Family Picnic, Yates Park.

#4) 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 approve the request from the Orchard Park Presbyterian Church for use of Yates Park on Saturday 9/12/92 for annual family picnic, use of road to shelter area to load and unload supplies and park two vehicles, and use of 117 volt receptacle near shelter area.

THE RESOLUTION WAS DULY ADOPTED.

New Business #5 & #6 - Referrals to Planning Board.

#5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, 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:

#5 - Orchard Parks & Gardens, 2924 Southwestern Blvd. - Request permit to erect annual temporary greenhouse in May and removed in August.

#6 - Burgwardt Properties Inc., 3943 North Buffalo Road - Requests rezoning from
R-2 to B-3 for construction of Mini Storage Facility on rear acreage.

THE RESOLUTION WAS DULY ADOPTED.

New Business #7 - United Way 75th Anniversary Proclamation.

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

Whereas, the United Way of Buffalo and Erie County is an organization comprised of ninety member agencies which serve 290,000 people throughout all of the towns of Erie County; and

Whereas, the United Way was founded in 1917 as the Joint Charities Campaign, became the United War and Community Fund in 1942, the Community Chest in 1946, the United Community Chest Red Cross Appeal in 1957, the United Fund in 1960, and the United Way in 1970; and

Whereas, the United Way_. and its over 30,000 volunteers raised over $17 million in 1991 for the homeless, the poor, and the disabled; and

Whereas, there is a strong and productive working partnership with the Town of Orchard Park and the United Way to better serve the residents of Erie County; and

Whereas, the United Way of Buffalo and Erie County has over 75 years of service to
senior citizens, children in need and struggling families; and

Whereas, that the Town of Orchard Park does hereby join Buffalo and Erie county in

celebrating the UNITED WAY 75th ANNIVERSARY month, May 1992, in honor of

the work of the United Way through its over 250,000 contributors as a

source of pride and hope;

NOW, THEREFORE, be it

RESOLVED that the Town of Orchard Park does hereby proclaim May 1992 as United Way 75th Anniversary Month.

THE RESOLUTION WAS DULY ADOPTED.

New Business #8 - Appoint part-time Clerk.

#7) 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 appointment of Lori Wozniak, 15 Scattertree Lane as a part-time Clerk effective immediately.

THE RESOLUTION WAS DULY ADOPTED.

New Business #9 (not on agenda) - Records Management Resolution.

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

WHEREAS, the Orchard Park Town Clerk has previously undertaken a program for the establishment of a local government records management and archives system, and

WHEREAS, the Town of Orchard Park Records Management Program is anticipated to be a constant source of cost savings over the years, and

Reg. Mtg. #7 Mtg. #8 4/1/92 Page 4

WHEREAS, the objectives of the Orchard Park Town Board are best achieved by the official adoption of a comprehensive records management program

NOW, THEREFORE, be it

RESOLVED, that the Town Board of the Town of Orchard Park be and is hereby authorized to adopt the following Local Government Records Law:

Section 1: Town Clerk

The Town Clerk is designated as Records Management Officer and shall be responsible for the records management program established by this resolution and subsequent amendments thereto. Said officer will be responsible for administering the non-current and archival public records and storage area for the Town of Orchard Park in accordance with local, state and federal laws and guidelines. Said officer shall also be responsible for overseeing microfilming of Town records according to recognized standards and specifications.

Section 2: Powers and Duties

The Town Clerk or designee of the Town Clerk shall have all the necessary powers to carry out the efficient administration, determination of value, use, preservation, storage and disposition of the non-current and archival public records kept, filed or received by the offices and departments of the Town of Orchard Park.

(A) The Records Management Officer shall continually survey and examine public records to recommend their classification so as to determine the most suitable methods to be used for the maintaining, storing and servicing of archival material:

(1) Obsolete and unnecessary records according to New York State Records Retention and Disposition Schedules thereby subject to disposition, or

(2) Information containing administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention, or

(3) Records not subject to disposition according to State Law

(B) Establish guidelines for proper records management in any department or agency of Town government in accordance with local, state and federal laws and guidelines.

(C) Keep the Town Board informed on the powers and duties herein mentioned including, but not limited to, the cost/benefit ratio of programs implemented by the Town Clerk or designee.

Section 3: Records Center

The Town Clerk shall have at his/her disposal a storage room at the Orchard Park Municipal Center dedicated specifically for the storage, processing and servicing of all non-current and archival records for all Town Departments and agencies. The storage room shall be called the Orchard Park Records Center. The Town Clerk or designee shall operate the Orchard Park Records Center.

Section 4: Sole Officer

The Town Clerk or designee of the Town Clerk shall be the sole official designated in the Public Officer's Certification for "Using Records Retention and Disposition Schedules" or its successor and shall be the sole officer with authority over the disposition of Town records, after receiving approval of the respective Town Officer or Department Head who has custody of the records of his/her respective office or department.

Section 5: Construction - Inconsistent Laws

If any part of this resolution, or its application to any persons or circumstances, is adjudged by a court to be invalid or ineffectual, such judgement shall not effect the remainder of this resolution or its application to any other person or circumstance. This resolution shall supersede all prior resolutions inconsistent with it to the extent of such inconsistency, but in all other respects shall be deemed supplemental to such resolutions.

Reg. Mtg. #7 Mtg. #8 4/1/92 Page 5

Section 6: Definitions

(A) "Archives" means those official records which have been determined by the Records Management Officer to have sufficient historical or other value to warrant their continued preservation by the Town.

(B) "Records" means any documents, books, papers, photographs, sound recordings, microforms, or any other materials, regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official Town business.

training, promotion and other managerial activities involved in records

creation, records maintenance and use and records disposition, including records

preservation, records disposal and records centers or other storage facilities.

(D) "Records Disposition" means:

(1) the removal by the Town, in accordance with approved records control schedules, of records no longer necessary for the conduct of business by such agency through removal methods which may include:

(a) the disposal of temporary records by destruction or donation, or

(b) the transfer of records to the Records Center for temporary storage of archival records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation

(2) the transfer of records from one Town agency to any other Town agency

(E) "Records Center" means an establishment maintained by the Town of Orchard Park primarily for the storage, servicing, security and processing of records which must be preserved for varying periods of time and need not be retained in office equipment or space.

(F) "Servicing" means making information in records available to any Town agency for official use or to the public.

Section 7: Effective Date

The resolution shall take effect immediately.

THE RESOLUTION WAS DULY ADOPTED.

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

RESOLVED that the Town Board he and is hereby authorized to approve the following transfer as recommended by the Town Auditor:

$500.00 from A.1910.000.480 Contingent to A.7020.000.482 Little League of Orchard Park

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

Whereas, the Town Board has approved various projects to be undertaken as recommended by the Superintendent of Highways, and

Whereas, funding for these projects was not provided for in the 1992 budget, and

Whereas, monies are available in the General Fund Balance to fund the non-labor portion of the projects, and

Whereas, the Town Board wishes to fund these projects with available fund balance

NOW, THEREFORE, be it

RESOLVED that the following 1992 General Fund budget amendment be approved:

Increase A599 Appropriated Fund Balance $30,820

Increase A960 Appropriations $30,820

Increase A7020.000.250 Little League Improvements $2,500 for materials to remove the storm drain at the Little League field.

Increase A7110.000.402 Supplies $14,260 for materials for drainage and fencing at California Road Park.

Increase A7110.000.402 Supplies $7,265 for materials to erect a fence at Quaker Meadows recreation area.

Increase A5132.000.200 Fencing-Pipe Storage Yard $6,795 for materials to erect a fence at the pipe storage yard at the Highway Department.

THE RESOLUTION WAS DULY ADOPTED.

#11) 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 direct the Supervisor to sign the S.T.O.P. - D.W.I. Agreement with the County of Erie for the year January 1, 1992 - December 31, 1992 as recommended by the Town Attorney.

THE RESOLUTION WAS DULY ADOPTED.

Supervisor Mill reported 1) the Town Board would like to publicly thank Jack Borsch and Scott Humphrey for the excellent job they did, at their expense, replacing all the fancy woodwork and other porch areas at the Jells House, 2) he attended the Supervisors Conference in Albany last week and met with many Representatives and Senators to discuss the budget. Code enforcement monies have been

Reg. Mtg. #7 Mtg. #8 4/1/92 Page 7

eliminated (about $15,000.00 to Orchard Park) CHIPS Program will stay with modifications, State has lots of problems but no answers and the biggest problem is Social Services which need to be completely overhauled, and 3) the Wicks Law must be repealed. If a Governmental Project (including school districts) is estimated to cost $50,000.00 or more, all bids must be taken separately (such as plumbing, heating). In the case of the Town Hall Project, it cost the Town of Orchard Park between $750,000.00 and one million dollars.

Councilman Barnas reported the recycling Committee shall meet on 4/6/92 at 7:00 PM to review the proposed recycling ordinance and the public is welcome.

Councilman Buyer reported that the Committee shall eliminate the 15 day jail sentence for violators of the proposed recycling ordinance but shall impose a fine schedule.

Councilwoman Ackerman reported the Board is obtaining estimates for the replacement of the 20 year old roof on the Library Building and possible expansion of the Library parking lot.

12) 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 schedule a bid opening on 4/21/92 at 2:00 P.M. EST in the office of the Supervisor to receive bids for Police Uniform Parts as recommended by the Police Chief, and be it further

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

THE RESOLUTION WAS DULY ADOPTED.

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

WHEREAS, the construction work on the Joint Town/Village Waterline Project was completed in 1990 and it has taken quite some time to complete the final accounting of all the costs for the initial studies, design engineering, construction contracts, consultant inspection, in-kind services, financing and other miscellaneous expenses, and

WHEREAS, this task has now been accomplished and the cost has been allocated to the various water districts and other municipalities involved in the project by the methods detailed in the intermunicipal agreement and map, plan and reports previously approved by the Town Board, and

WHEREAS, for the portion within the Town of Orchard Park, repayment of the bonded indebtedness and in-kind service costs for this project have been made by interfund transfers between special districts and the capital reserve fund as approved by the Town accountant and authorized by the Town Board through budget adoption, and

WHEREAS, the Village of Orchard Park's share of the capital costs amounts to $105,557.22 of which $1,000.00 has previously been paid, their share of the in-kind services provided by the Town Engineering Department amounts to $11,272.69, and the accountant has determined their share of the interest paid on the bond issue for two years amounts to $15,220.04

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the final cost allocations for the Joint Town/Village Waterline Project, and be it further

RESOLVED, the Supervisor be and is hereby authorized to invoice the Village of Orchard Park for their share of the project costs in accordance with the terms of the intermunicipal agreement in the amount of $131,049.95 as recommended by the Town Engineer.

THE RESOLUTION WAS DULY ADOPTED.

#14) 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 bid opening on 4/23/92 at 11:00 A.M. EST in the Supervisor's Office for the purchase of one (1) new truck mounted 1500 gallon sewer flusher for the Sewer & Water Department as re-commended by the Town Engineer, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof in the Citizen and the Buffalo News.

THE RESOLUTION WAS DULY ADOPTED.

#15) 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 all entries on Warrant #6 following auditing by members of the Town Board and in the funds indicated:

WARRANT #6

GENERAL FUND $117,230.22

PART TOWN FUND 3,171.73

HIGHWAY FUND 15,262.08

SPECIAL DISTRICTS FUND 66,134.61

TRUST & AGENCY FUND 174,478.80

CAPITAL FUND 2,218.21

DEBT SERVICE FUND 107,782.12

COMMUNITY DEVELOPMENT FUND 14,464.50

THE RESOLUTION WAS DULY ADOPTED.

#16) 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 receive and file the communications as entered on the agenda:

1. N.Y.S. Dept. of State - Copy of 1990 Federal Census for Town of Orchard Park

2. Town of Brant ] Adopted resolution requesting County of Erie reinstate the

Town of Eden ] distribution of State Funds for Youth Service and recreation City of Buffalo] to Erie County Municipalities.

3. Town of Eden - Adopted resolution requesting the State maintain the CHIPS Program.

4. Town of Brant - Adopted resolution requesting the State of New York to restore funding for fire prevention and Code enforcement.

5. Town of Boston - Announcing their 175th Celebration on 4/5/92 and a Founders Ball on 4/4/92.