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 15th day of April, 1992 at 8:00 P.M. EDT, and there were

PRESENT AT ROLL CALL:

Dennis Mill	Supervisor
John Mills	Councilman
David Buyer	Councilman
Paul Barnas	Councilman
Nan Ackerman	Councilwoman
Leonard Berkowitz	Town Attorney
Robert Henning	Chief of Police
Michael Merritt	Town Engineer
Ronald Geitter	Highway Superintendent
Robert Sweet	Building Inspector

ABSENT: Betty K. Reukauf Town Clerk – vacation

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

PUBLIC HEARING

At 8:00 P.M. 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 the Town of Orchard Park, which amendment provides as follows:

Chapter 124-2

No exemption: shall be granted under the provisions of this article unless the following conditions are met:

A. Income of Owner

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

Income up to 15,000			50%
15,000	to	15,600	45%
15,600	to	16,200	40%
16,200	to	16,800	35%
16,800	to	17,400	30%
17,400	to	18,000	25%
18,000	to	18,600	20%
18,600	to	19,200	15%
19,200	to	19,800	10%

This Ordinance shall effect the tax rolls as of June 1, 1992.

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.

Supervisor Mill explained the provisions of the proposed amendment for the audience. PROPONENTS

No one spoke.

OPPONENTS

1. Marvin Ashburn, 6326 Benning Road

2. Richard Hacker, 7284 Milestrip Road

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

RESOLVED that the Public Hearing in the matter of an amendment to the Code of the Town of Orchard Park, Chapter 124-2 be and is hereby closed at 8:12 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS 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 Code of the Town of Orchard Park, which amendment provides as follows:

Chapter 124-2

No exemption: shall be granted under the provisions of this article unless the following conditions are met:

A. Income of Owner

with the following table: Percentage Valuation

Annual Income Exempt from Taxation

Income	up	to 15,000	50%
15,000	to	15,600	45%
15,600	to	16,200	40%
16,200	to	16,800	35%
16,800	to	17,400	30%
17,400	to	18,000	25%
18,000	to	18,600	20%
18,600	to	19,200	15%
19,200	to	19,800	10%

This Ordinance shall effect the tax rolls as of June 1, 1992

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 15th day of April 1992 at which all interested parties were given an opportunity to be heard

NOW, THEREFORE, be it

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

Chapter 124-2

No exemption: shall be granted under the provisions of this article unless the following conditions are met:

A. Income of Owner

with the following table:

Percentage Valuation

Annual Income Exempt from Taxation

Income	up	to 15,000	50%
15,000	to	15,600	45%
15,600	to	16,200	40%
16,200	to	16,800	35%
16,800	to	17,400	30%
17,400	to	18,000	25%
18,000	to	18,600	20%
18,600	to	19,200	15%
19,200	to	19,800	10%

This Ordinance shall effect the tax rolls as of June 1, 1992.

Reg. Mtg. #8 Mtg. #9 4/15/92 Page 3

and be it further

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 264 and 265 of the Town Law.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill reminded eligible taxpayers they are still required to apply for the exemption through the Assessor's Office.

PUBLIC HEARING

At 8:00 P.M. 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 4370 South Taylor Road from I-1 to I-1 Special Exception Use designation for a contracting business as petitioned by Contour Erection and Siding, Inc.

Kevin Krane, Project Manager, appeared on behalf of Contour Erection and Siding, Inc.

PROPONENTS

No one spoke.

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of the rezoning request of Contour Erection & Siding, Inc. be and is hereby closed at 8:15 PM EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Town Board has received a letter from Contour Erection and Siding Inc. reviewing the reasons for the Planning Board recommendation for denial of rezoning at their 3/11/92 meeting, and

WHEREAS, the petitioner has stated in its letter the steps they have taken, to correct the Planning Board's concerns, and

WHEREAS, the petitioner did request the Town Board schedule a public hearing in the matter of the rezoning request and said public hearing was held and closed

NOW, THEREFORE, Be it

RESOLVED that the Town Board be and is hereby authorized to refer back to the Planning Board for review the request from Contour Erection and Siding System, Inc., 4370 South Taylor Road to rezone property from I-1 to I-1 Special Exception Use for contracting business and their letter dated 4/15/92 sent to the Town Board.

Reg. Mtg. #8 Mtg. #9 4/15/92 Page 4

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - Adopt Local Law #1-1992, Create Chapter 8, Conservation Easement.

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

WHEREAS, the Town Board did hold a Public Hearing on 3/4/92 in the matter of the adoption of Local Law #I-1992 entitled Conservation Easement

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to adopt Local Law #1-1992 entitled "Establish Conservation Easement Law" which Local Law provides as follows:

Chapter 8

CONSERVATION EASEMENTS

§ 8-1. Title.

§ 8-2. Purpose.

§ 8-3. Legislative authority.

§ 8-4. Jurisdiction.

§ 8-5. Definitions.

§ 8-6. Procedure for granting easement.

§ 8-7. Valuation for taxation.

§ 8-8. Penalty for violation or cancellation.

§S 8-1. Title.

This chapter shall hereinafter be known and cited as the "Conservation Easement Law of the Town of Orchard Park."

§ 8-2. Purpose.

It is the purpose of this chapter to provide for the acquisition of interests or rights in real property for the preservation of open space and areas which shall constitute a public purpose for which public funds may be expended or advanced after due notice and a public hearing, by which the Town of Orchard Park may acquire by purchase, gift, grant, bequest, devise, lease or otherwise the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to acquire "open space" or "open area" as the same is defined in Section 8-5 herein.

§ 8-3. Legislative authority.

In accordance with Section 247 of the General Municipal Law of the State of New York, the Town Board of the Town of Orchard Park has the authority to acquire such interests or rights in land. Pursuant to the above authority, the Town Board has prepared and adopted this chapter setting forth standards to be followed in the acquisition of such interest.

§ 8-4. Jurisdiction.

This chapter shall apply to the entire area of the Town of Orchard Park.

Reg. Mtg. #8 Mtg. #9 4/15/92 Page 5

§S 8-5. Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:

OPEN SPACE or OPEN AREA - Any space or area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development or would maintain or enhance the conservation of natural or scenic resources. For the purposes of this section, natural resources shall include but not be limited to agricultural lands defined as open lands actually used in bona fide agricultural production.

§ 8-6. Procedure for granting easement.

A. Proposal by owner. Any owner or owners of land may submit a proposal to the Town Board of the Town of Orchard Park for the granting of interest or rights in real property for the preservation of open space or areas. Such proposal shall be submitted in such manner and form as may be prescribed by the Conservation Board and shall include a survey map and metes and bounds description of the proposed area. The owner shall pay to the town a fee of fifteen dollars ($15.00) which shall be deemed a reasonable sum to cover the costs of administration, no part of which shall be returnable to the applicant.

B. Review by Conservation Board. Upon receipt of such proposal, the Town Board shall convey the proposal to the Conservation Board. The Conservation Board shall investigate the area to determine if the proposal would be of benefit to the people of the Town of Orchard Park and may negotiate the terms and conditions of the offer. If the Conservation Board determines that it is in the public interest to accept such proposal, it shall recommend to the Town Board that it hold a public hearing for the purpose of determining whether or not the town should accept such proposal.

C. Public hearing by Town Board. The Town Board shall, within thirty (30) days of receipt of such advisory opinion, hold a public hearing concerning such proposal at a place within the Town of Orchard Park. At least ten (10) days' notice of the time and place of such hearing shall be published in a paper of general circulation in such town, and a written notice of such proposal shall be given to all adjacent property owners and to any municipality whose boundaries are within five hundred (500) feet of the boundaries of said proposed area, to the school district in which it is located.

D. Determination. The Town Board, after receiving the reports of the Conservation Board and after such public hearing, may

adopt the proposal or any modification thereof it deems appropriate or may reject it in its entirety.

E. Recording agreement. If such proposal is adopted by the Town Board, it shall be executed by the owner or owners in written form and in a form suitable for recording in the County Clerk's office.

F. Cancellation. Said agreement may not be canceled by either party. However, the owner or owners thereof may petition the Town Board for cancellation upon good cause shown, and such cancellation may be granted only upon payment of the penalties provided in Section 8-8 herein.

§ 8-7. Valuation for taxation.

After acquisition of any such interest pursuant to this chapter, the valuation placed upon such area for purposes of real estate taxation shall take into account and be limited by the limitation on the future use of the land.

§ 8-8. Penalty for violation or cancellation.

If there is a violation of the terms and conditions of the conservation easement agreement or if said conservation easement agreement is canceled by the Town Board upon petition, the then owner or owners of said property must pay to the Town of Orchard Park the following amounts:

A. All taxes granted abatement under and pursuant to the conservation easement agreement, said taxes to include the state, county, town, school districts and all special improvement districts and other taxing units to which the property is subject. Said back taxes shall be limited as follows: Any easement broken before its 11th year will be subject to a five-year maximum rollback; an easement broken between the 11th and 15th year will be subject to a four-year maximum rollback; an easement broken in its 16th year or later will be subject to a three-year maximum rollback; plus

B. The penalty assessed on the basis of the previous year's tax abatement multiplied by a factor equal to the term of the easement. This factor shall not exceed five (5).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2-Buffalo Circuits, Mid County Dr.-addition to present facility.

6) 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 Buffalo Circuits, 105 Mid County Dr., for a building permit for an 1882 sq.ft. addition to present facility with the following stipulations

1. Three 5' high evergreen trees to be added to the landscape plan.

2. A short Environmental Assessment Form (EAF) shall be completed and submitted

to the Town with a negative declaration under SEQR to be filed by the Town

Board as this addition will not have a significant adverse environmental impact.

3. A 1:3 slope to be maintained in the detention basin as suggested by the Town

Engineer, and a rip-rap placed around the outlet pipe to prevent erosion.

4. The future parking area is not being approved at this time and applicant

understands that future parking will require Planning Board review.

5. A revised site plan to be submitted for the evergreen trees, 1:3 detention

basin slopes and rip-rap around the detention basin outlet pipe.

and a $500.00 Landscape Bond deposit as recommended by the Planning Board 4/8/92.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #8 Mtg. #9 4/15/92 Page 7

Old Business Orchard Parks & Gardens, Southwestern - Temporary outside display.

7) 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 request from Orchard Parks & Gardens, 2924 Southwestern Blvd. for a building permit for a temporary outside display for use during growing season as recommended by the Planning Board

4/8/92.

Before the vote was taken, Councilman Buyer requested the Building Inspector to review the site to make sure the display is in compliance with our zoning laws.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1__ - P.I.P. #215 Eagle Heights West, Phase 1.

8) 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 application for P.I.P. #215 for Eagle Heights West, Phase I, Part I from Cimato Bros. as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Eagle Heights West - Temporary sales trailer.

9) 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 table the request from Eagle Heights West, Jewett Holmwood Road for placement of a temporary sales trailer approximately 8' x 24', on the southwest side of the property near the retention pond to define the use of the trailer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - American Legion annual Poppy Sale.

10) 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 request from the American Legion Auxiliary #567 to conduct their annual Poppy Sale on May 15 and

16, 1992.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #8 Mtg. #9 4/15/92 Page 8

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

Whereas, the Western New York Safety Conference, Inc. has taken great pride in the safety of people both on and off the job, and has implemented wide reaching programs of safety education and accident prevention; and

Whereas, this program has become an example and a model for all businesses and industries, and has served as a reminder for many of our residents to be more concerned with their own safety at home and at work; and

Whereas, it is a pleasure to extend this Proclamation on behalf of our Town of Orchard Park to the Western New York Safety Conference, Inc., which will be having the 46th ANNUAL SAFETY CONFERENCE AND TRADES EXHIBITS in Buffalo at the Hilton Hotel on May 27 & 28, 1992; and

Whereas, the Western New York Safety Conference, Inc., for its continuing and progressive safety programs, urging all of our citizens to support all such efforts to promote safety both on and off the job;

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to proclaim the week of May 24th through May 30th, 1992 as "Safety Week" in the Town of Orchard Park.

THE RESOLUTION WAS UNANINOUSLY ADOPTED.

Supervisor Mill reported 1] the Erie County Highway Garage at 50 West Ave., Hamburg will be a household hazardous waste drop-off center on 5/9/92 from 9am to 2pm and 2] reviewed the extensive revenue cuts the Town of Orchard Park shall realize from the State adopted budget.

Councilman Mills reported 1] letter he sent, as Chairman of the E. C. Southtowns Sewage Treatment Agency, to the Erie County Legislature expressing the Sewage Treatment Agency concerns in the method used to select engineers under the adopted resolution 10/3/91 and asked for legislation which will rescind said resolution and 2] our hazardous waste drop-off area is the drainage ditches in the Westgate area. He asked the newspaper reporters in the audience if they could make the public aware of not only the health and environmental hazard this is causing but the great cost to the Highway Department to clean these areas.

Councilman Barnas 1] read an article published by New York State Dept. of Environment & Conservation reciting the ways and means of recycling used oil & vehicle batteries and 2] reported the Recycling Ordinance shall be ready for a Public Hearing shortly.

12) 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 Receiver of Taxes to attend the annual seminar for tax officials at Ellenville, N.Y. June 14-17, 1992 at town expense as provided in the budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #8 Mtg. #9 4/15/92 Page 9

13) 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 schedule a bid opening on 5/6/92 at 2:00 PM EDT in the Supervisor's Office to receive sealed bids for the sale

of a 1978 Pontiac, 2-door sedan declared surplus by the Police Department, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

i4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

WHEREAS, the timetable for the 1992 Community Development Block Grant Program requires that the Town of Orchard Park submit project Description Forms by May 4, 1992 to be considered for funding, and

WHEREAS, as required, the Town of Orchard Park held a public hearing on the use of Community Development Block Grant Funds on March 18, 1992, and

WHEREAS, as a result of this public hearing and evaluating which necessary projects would best qualify for funding, it has been determined that the Lakeview Avenue Pavement Restoration Project and the conversion of the Annex Building to a Senior Citizens Activities Center would be the 1992 projects to be submitted for funding consideration

NOW, THEREFORE, Be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign and submit applications to Erie County for $100,000.00 in _1992-1993Community Development Block Grant funds for the Senior Citizens Activities Center Project, that being the Town's first priority, and $55,000.00 1992-1993 Community Development Block Grant funds for the Lakeview Avenue Pavement Restoration Project as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Town of Orchard Park has received a request from Mr. Leonard Kowalski, 704 Cozy Street, Cowlesville, N.Y. for permission to tap into the Town's sanitary sewer main on Saville Drive to service a new home he is building at #8 Saville Drive, and

WHEREAS, Town Board approval is required in this case because the property does not have a public sewer main on its frontage as required by Orchard Park Sewer District #18 regulations, and

WHEREAS, because of the natural topography of the area, the Town sewer main cannot be extended by gravity to reach the property and therefore Mr. Kowalski plans to in-stall a private grinder pump system and lay approximately 100 feet of private force main along and within the Saville Drive right of way, and although this is not a good practice, it is the only practicable alternative other than a septic system, and

WHEREAS, the Town previously discussed this situation when Mr. Kowalski applied for water service for which he was denied and the Building Inspector has informed the Engineer that Mr. Kowalski intends to dig a well

NOW, THEREFORE, be it

Reg. Mtg. #8 Mtg. #9 4/15/92 Page 10

RESOLVED that the Town Board be and is hereby authorized to approve the request from Leonard Kowalski for permission to tap into the Town's Sanitary Sewer #18 main on Saville Drive to service a new home at #8 Saville Drive as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) 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 all entries on Warrant #7 following auditing by members of the Town Board and in the funds indicated:

WARRANT #7

GENERAL FUND $ 29,250.63

PART TOWN FUND 121.63

HIGHWAY FUND 32,660.35

SPECIAL DISTRICTS FUND 160,326.74

TRUST & AGENCY FUND 136,441.50

CAPITAL FUND 24,000.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

1. Town of Colden] Adopted resolution requesting Erie County to distribute Youth

Town of Tonawanda] Services and recreation dollars to Erie County Municipal Governments.

THE RESOLUTION WAS UNANINOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

Marvin Ashburn, 6326 Benning Road: requested information as to 1] which adopted legislation supersedes, Town or State especially in the matter of payment of school taxes, 2] why the flag at Yates Park is allowed to fly after dusk without having a light focused on it, and 3] feels the Building Inspector should issue summons to residents who continue to store junk and trash in their yards.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:57 PM EDT with a moment of silent prayer for our servicemen still stationed in the middle East.

Respectfully submitted,

Betty K. Reukauf

Town Clerk