Reg. Mtg. #23 Mtg. #24 12/2/92 Page 2

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, 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 3460 Orchard Park Road from R-2 to B-3 as petitioned by V. J. McGravey, M.D.

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 2nd day of December 1992 at which all interested parties were given an opportunity to be heard, 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-2 to B-3 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. 19, Township 10, Range 7 of the Buffalo Creek Reservation described as follows:

BEGINNING at a point in the southerly line of Hart Place, formerly Maple Avenue as shown on a map filed in the Erie County Clerk's Office under Cover No. 1487 a distance of 354.2 feet westerly from the original.center line of Orchard Park Road;

Thence easterly along the south line of Hart Place and the south line produced easterly to its intersection with the center of Orchard Park Road 354.2 feet;

Thence southeasterly along the original center of Orchard Park Road 61.14 feet to a line drawn parallel with the south line of Hart Place and distant 60 feet southerly therefrom measured at right angles;

Thence westerly parallel with Hart Place 365.24 feet;

Thence northerly at right angles 60 feet to the point of beginning.

Subject to the rights of the public in Orchard Park Road and excepting and reserving therefrom the easterly portion conveyed to the County of Erie for highway purposes by deed recorded in liber 2687 of Deeds at page 431; i.e. Parcel 0.4R1.

Reg. Mtg. #23 Mtg. #24 12/2/92 Page 3

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 264 and 265 of the Town Law.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - Award bid for Police Uniform Parts.

3) 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 award the bid for Police Uniform Parts to United Uniform Co., Inc., 495North French Road, P.O. Box 241, Buffalo, New York they being the lowest responsible bidder thereof and as recommended by the Police Chief. A copy of said bid is attached to these minutes.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - Reservation for Annual Association of Towns Meeting.

4) 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 direct the Town Clerk to make reservations for Town Personnel authorized to attend the annual Association of Towns Meeting in New York City February 14-17, 1993.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Set Public Hearing for 1993-94CD project selection.

5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, 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, Erie County DEP has revised the project application timetable in an effort to complete projects during the 1993 construction year, and

WHEREAS, the funding will be allocated through a competitive pool based on need, therefore the amount to be allocated to Orchard Park is unknown at this time,

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to schedule a public hearing on 1/20/93 at 8:00 PM EST for the project selection for the 1993-1994 Community Development Program as recommended by the Town Engineer.

Reg. Mtg. #23 Mtg. #24 12/2/92 Page 4

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Revised job titles for Engineering Department.

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

WHEREAS, the Erie County Personnel Department has notified the Town that present and future employees of the Engineering Department should be placed in competitive civil service classifications as soon as possible, and based on the PO-17 forms submitted under the proposed department reorganization, the County determined that the proper titles for our personnel are Assistant Municipal Engineer, Principal Engineer Assistant, Senior Engineer Assistant and Engineer Assistant, and

WHEREAS, the Assistant Municipal Engineer is a salaried title and will not be in the new CSEA white collar bargaining unit and the tentative ₁₉₉₃wage schedule shows an annual salary range of $33,075 to $42,947 at the assigned job level for this title, and

WHEREAS, the Principal Engineer Assistant, Senior Engineer Assistant and Engineer Assistant titles will be included in the white collar union with hourly wage rates equivalent to the former Engineering Laborer IV, Engineering Laborer III and Engineering Laborer I job levels, respectively, and even though there will not be any positions to be filled at the Engineer Assistant level initially, the title should be established so that the Town will have flexibility in filling future vacancies which may arise

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to establish the following positions in the Engineering Department in accordance with Civil Service Law as recommended by the Erie County Department of Personnel and the Town Engineer:

(1) Assistant Municipal Engineer

(2) Principal Engineer Assistants

(5) Senior Engineer Assistants

(0) Engineer Assistant

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, 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 Engineer to advertise in the Buffalo News to seek qualified applicants for the position of Assistant Municipal Engineer in the Town of Orchard Park.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #23 Mtg. #24 12/2/92 Page 5

New Business #4 Set Organization Meeting date for 1993.

8) 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 schedule the Organization Meeting for 1993 on January 1, 1993 at 10:00 A.M. EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

9) 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 recommended by the Chief of Police:

$5,000.00 from #A3120.000.475 (gasoline) to #A3120.000.443 (equipment repair)

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, a complaint was received from Bonnie Mombrea, 6323 Seufert Road, that there are no street lights on the east end of Seufert Road, and

WHEREAS, according to Town records, when the street lights were installed along Seufert Road, the utility poles and electric lines did not extend the full length of the road and lights were not installed on the east section of the road, and

WHEREAS, since that time, new houses have been built and the lines have been extended so it is now possible to install additional lights to bring this section of road up to current Town standards, and

WHEREAS, the Town Engineering Department conducted a field investigation along with our New York State Electric and Gas representative, Jim Latello, and he has recommended the installation of an additional three (3) 8500 lumen H.P.S. lamps at an annual cost of $111.54 each

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the street light proposal from NYSEG dated 11/5/92 which provides as follows:

Install 3 - 8500 lumen HPS lamps @ $111.54 ea. = $334.62

Poles 13,17,19 - Line 96

Annual Increase = $334.62

Total Annual Increase = $334.62

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #23 Mtg. #24 12/2/92 Page 6

At this time, Supervisor Mill stated he would like to publicly thank NYSEG for 1) all their help, kindness and quick response to a power outage that occurred at the Town Hall recently, 2) restoration of the power line at the Recreation Building, 3) for the check for $2,000.00 as reimbursements to the Town for the cost of the inconvenience it incurred.

Councilwoman Ackerman commended NYSEG for their quick and efficient manner the whole town was restored with power.

Town Engineer Merritt stated the generator kicked in and work efficiently for over 36 hours.

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

WHEREAS, the RID (Remove Intoxicated Drivers) is underwritten by County Law Enforcement and Government Agency, Local Grocery Chains and many civic minded businesses, and

WHEREAS, the program calls attention to safe driving practice with the consumption of alcohol over the holidays by appointing designated drivers and heightening awareness by display of a red ribbon tied to the auto side mirror

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to support the RID Program project for all citizens to display a red ribbon tied to the side mirror of their automobile.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12) 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 approve the appointment of Donald Holmwood, 5458 Chestnut Ridge to the Zoning Board of Appeals to fill the unexpired term of Leon Zwolinski, resigned, effective immediately and ending 12/31/93.

Before the vote was taken, Councilman Barnas requested the resolution be tabled to allow the Supervisor and all the Councilmen to review letters from other residents applying for appointments.

Councilman Mills withdrew his motion and Councilman Buyer withdrew his second. THE RESOLUTION WAS TABLED.

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

WHEREAS, a tragic fire on Thursday October 29, 1992 destroyed one of the areas most loved and prestigious buildings, the Beaver Island Park Casino, and

WHEREAS, this historic casino provided this community and all of Western New York with recreational benefits that cannot be replaced, and

WHEREAS, State Officials have met with Town Officials of Grand Island for the purpose of organizing an effort, both State and Local, to restore this structure for present and future residents

NOW, THEREFORE, be it

RESOLVED that the Town Board of the Town of Orchard Park does hereby go on record of applauding the swift efforts of New York State Assemblyman Hoyt to secure funding for the complete restoration of the casino and we urge interested officials and private citizens to join in this effort to return a great landmark to its original splendor, and be it further

Reg. Mtg. #23 Mtg. #24 12/2/92 Page 7

RESOLVED, that copies of this resolution be directed to Governor Cuomo, Commissioner Lehman, Commissioner Tese, Senate Majority Leader Marino, Speaker Weprin, Senator Lombardi, Assemblyman Silver, Senator Masiello and Assemblyman Hoyt.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Barnas reported the Town Attorney sent a letter to Holmes & Murphy in regard to the cement and/or trash dumping problem on Thorn Avenue. The Board is working on options for that property.

Councilman Buyer stated the 1st year he was on the Board he attempted to get the tennis courts lighted on the school properties. Dr. Stoddard, in conjunction with the construction at the High School, has made this become a reality. So, this summer there shall be light on the tennis courts.

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

WHEREAS, on 7/1/92 the Town Board approved the application for P.I.P. #217 Orchard Heights Subdivision from Cimato Bros., and

WHEREAS, a final inspection was held for the Orchard Heights project and all construction has been completed with the exception of the items on the punch list which will be addressed in the spring of 1993, and

WHEREAS, cash securities are in place for street lighting ($12,000) and grading and seeding of R.O.W. and rear yard swales ($5,000) and these funds will be held in escrow until the work is satisfactorily completed

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to proceed with dedication of the Orchard Heights Subdivision pending the submittal of warranty deed and title insurance and the completion of all items on the punch

list and with the stipulation that errors in the map cover be corrected as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, on 9/18/91 the Town Board approved the application for P.I.P. #210 Willowbrook sanitary sewer extension from Victor Liberatore, and

WHEREAS, on 11/20/91 the Town Board approved the application for P.I.P. #214 Willowbrook waterline extension from Victor Liberatore, and

WHEREAS, on April 7, 1992 a final inspection was made of the public improvements constructed on Willowbrook sanitary sewer and waterline extensions, P.I.P. #210 and P.I.P #214 and at the time of the inspection, all work was found to be acceptable, and

WHEREAS, since this time, we have awaited submittal of permanent easements and other documents and a satisfactory maintenance bond has been reviewed and approved by the Town Attorney and is on file at the Town Clerk's Office

NOW, THEREFORE, Be it

Reg. Mtg. #23 Mtg. #24 12/2/92 Page 8

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to proceed with the dedication of those improvements installed in the Willowbrook Sanitary Sewer Extension P.I.P. #210 and the Willowbrook Waterline Extension P.I.P. #214 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 COUNCILWOMAN ACKERMAN, TO WIT:

WHEREAS, the Milestrip Road Drainage Project involves the cleaning of approximately 1200 L.F. of existing ditch to prevent flooding in the yards of Milestrip Road residents, and

WHEREAS, the three following informal bids were received for said project:

Burgwardt Construction Inc. $2,200.00

Schrieber & Winkleman $6,500.00

J S Earthwork $6,900.00

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to award the bid for the Milestrip Road Drainage Project to Burgwardt Construction Inc., 6105 Newton Road, Orchard Park, they being the lowest responsible bidder thereof and as recommended by the Town Engineer in an amount not to exceed Two Thousand Two Hundred ($2,200.00) dollars.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Cobham Drive sanitary sewer extension project is consistent with the intent of the previously adopted Town Board order on 7/6/88 authorizing the Cobham Special Assessment Area within Sewer District #18, and is only a minor variation to plans approved for the sanitary sewer installed in Phase IV of the Quaker Centre Industrial Park, the Town Attorney has determined that no further authorizations are required under Section 200 of the Town Law, and

WHEREAS, as previously authorized, informal bids have been received for the Cobham Drive Sanitary Sewer Extension, which project consists of the installation of 150 L.F. of 8" PVC sanitary sewer including a 35 L.F. bore, new manhole with frame and cover, nearside wye and riser, testing and restoration, and

WHEREAS, the following four informal bids were received:

Kandey Co., Inc. $ 8,376.00

Fairway Construction $10,865.00

Tom Greenauer Dev. Co. $15,991.00

Burgwardt Construction $28,300.00

and

WHEREAS, as only $40,492.95 was expended of the original $94,000.00 authorized for the Cobham Special Assessment Area, there are sufficient funds available to do this work

NOW, THEREFORE, be it

Reg. Mtg. #23 Mtg. #24 12/2/92 Page 9

RESOLVED that the Town Board be and is hereby authorized to award the bid for the Cobham Drive Sanitary Sewer Extension contract to Kandey Co., Inc., 19 Ransier Drive, West Seneca, N..Y in an amount not to exceed Eight Thousand Three Hundred seventy-six ($8,376.00) dollars they being the lowest responsible bidder thereof and as re-commended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, 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 $204,993.72

PART TOWN FUND 4,482.81

HIGHWAY FUND 27,016.11

SPECIAL DISTRICTS FUND 22,114.18

TRUST & AGENCY FUND 49,902.63

CAPITAL FUND 39,898.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

19) 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 communications as entered on the agenda:

1. Town of Eden - Adopted resolution requesting County Executive to encourage the State Legislature & Governor to approve acceptance of partial real property tax payments.

2. County of Erie - Notice of Public Hearing 12/23/92 - 10:00 AM - Rath Building for proposed schedule of fees for sewage disposal system applications. and the communication from the Town of Amherst requesting reimbursement for costs associated with the World University Games from Federal, State and County governments.

Before the vote was taken, Councilman Buyer noted that the resolution from the Town of Amherst was food for thought for the Town of Orchard Park where upon Supervisor Mill requested Councilman Buyer to draw up a resolution for action by our Town Board in the near future in this matter.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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