Reg. Mtg. #24 Mtg. #25 12/16/92 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 16th day of December 1992 at 8:00 P.M. EST and there were

PRESENT AT ROLL CALL: Dennis J. Mill Supervisor

John J. Mills Councilman

Paul D. Barnas Councilman

David M. Buyer Councilman

Nancy W. Ackerman Councilwoman

Betty K. Reukauf Town Clerk

Leonard Berkowitz Town Attorney

Robert W. Sweet Building Inspector

Robert C. Henning Chief of Police

Michael R. Merritt Town Engineer

ABSENT: Ronald A. Geitter Supt. of Highways

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 MILLS, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 10/21/92, 11/4/92 and 11/18/92, 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 UNANIMOUSLY ADOPTED.

Old Business #1 - Hillside Ave. Improvement Project.

1) 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, as recommended by the Town Engineer, awarded the bid for concrete gutter improvements to Hillside avenue to M.P.J. Contracting Inc., and

WHEREAS, a final inspection was held on 12/7/92, and all work has been satisfactorily completed and we are in receipt of the required two-year maintenance bond and the contractor's affidavit of payment to suppliers, and

WHEREAS, the final quantity amounts used on the project result in a reduction from the original bid which made the final project cost a total of $45,283.61

NOW, THEREFORE, Be it

RESOLVED that the Town Board be and is hereby authorized to approve the final change order to the Improvements to Hillside Ave. Project in the amount of a decrease of $1,051,39 and authorize the final payment and release of retention to M.P.J. Contracting Inc. in the amount of $2,264.18,

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - V.J.McGravey.M.D.,Orchard Park Rd.-Change in Use - request.

2) 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 refer to the Planning Board and Conservation Board the request from Vincent J. McGravey, M.D, 3460 Orchard Park Road for a building permit and Change in Use from Church Hall to Medical Office.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - V.J.McGravey, M.D., Orchard Park Rd.-Change in Use - approval.

3) 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 the request from Vincent J. McGravey, M.D., 3460 Orchard Park Road for a building permit and Change in Use from Church Hall to Medical Office, issue a Negative SEQRA Declaration and in accordance with Section 144-44 C (1) (a) of the Town Zoning Ordinance a certified check in an of ($150.00), 15% of the estimated cost of completion of all landscaping shall be deposited with the Town Clerk, as recommended by the Planning Board 12/9/92.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - Aurora Park Catholic Club, Weiss Rd. - Recreation Club Facility.

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 Aurora Park Catholic Club, Weiss Road for a building permit for a 2,300 soft. Recreation Club Facility, issue a Negative SERA Declaration, and in accordance with Section 144-44 C (1) (a) of the Town Zoning Ordinance a certified check in an amount of ($525.00), 15% of the estimated cost of completion of all landscaping shall be de-posited with the Town Clerk, as recommended by the Planning Board 12/9/92.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #5 - G & J Tomani, Taylor Rd. - Rezoning for multiple dwelling.

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

WHEREAS, Gregg and John Tomani, Taylor Road north of New Taylor Road was referred to the Planning Board requesting rezoning from I-1 to R-4 for multiple dwelling, and WHEREAS, the Planning Board 12/9/92 recommended the Town Board seek Lead Agency Status in the SEQRA process

NOW, THEREFORE, Be it

Reg. Mtg. #24 Mtg. #25 12/16/92 Page 3

RESOLVED that the Town Board be and is hereby authorized to direct the Planning Board Clerk to distribute the DEIS to interested agencies for review and comment as recommended by the Planning Board 12/9/92.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - Sean Hanley, Southwestern Blvd./Hart Place rezoning.

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 refer to the Planning Board and Conservation Board the request from Sean Hanley, southeast corner of Southwestern Blvd. and Hart Place for rezoning from R-2 to R-4.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - NYSEG - Street Lighting Proposal for Fairways Subdv.

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

WHEREAS, a proposal from New York State Electric & Gas Corp. for the installation of decorative street light fixtures on Midway Drive in the Fairways Subdivision has been received, and

WHEREAS, the 3300 lumen HPS lamp fixtures, which will be owned and maintained by NYSEG, are to be placed on top of aluminum posts which were installed by the developer under P.I.P. #209 and have been accepted by this department and these decorative standards, along with the wires and conduit, are owned and maintained by the Town, and

WHEREAS, at this time, there are a sufficient number of homes (3) presently occupied along with a model home and an additional 4 homes under construction to warrant installation

NOW, THEREFORE, Be it

RESOLVED that the Town Board be and is hereby authorized to approve the following street lighting proposal for Fairway Subdivision, Midway Drive, from NYSEG dated 12/2/92 as recommended by the Town Engineer:

Install 8 – 3200 PT lumen HPS lamps @ $97.89 ea. = $783.12

Annual Increase = $783.12

Total Annual Increase = $783.12

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #24 Mtg. #25 12/16/92 Page 4

New Business #3 (not on agenda) - World University Games Costs.

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

WHEREAS, the World University Games is a Regional, State, and County event but local communities such as the Town of Orchard Park will bear the costs associated with policing events held in their towns such as will be held at Rich Stadium; and

WHEREAS, the Orchard Park Town Board has requested the Chief of Police to develop a report of the costs involved which relate to the payment of overtime; and

WHEREAS, the Chief of Police has given the Orchard Park Town Board cost estimates that could total as much as $25,000.00 to provide security, traffic control and other services in the Town of Orchard Park; and

WHEREAS, all local municipalities are in fairly tight fiscal straits at this point in time and it is extremely difficult for the Town of Orchard Park to absorb unreimbursed overtime expense in the amount projected by the Town of Orchard Park Chief of Police; and

WHEREAS, the Town of Orchard Park Town Board would like to have the Town of Orchard Park Police involved and participate in the World University Games because they have the best working knowledge of law enforcement, traffic control, and security in the town at all times including during Rich Stadium events;

NOW THEREFORE, BE IT RESOLVED that the Orchard Park Town Board asks for reimbursement of our costs associated with the World University Games from Federal, State, and County governments; and

BE IT FURTHER RESOLVED THAT the Orchard Park Town Board herby directs the Town Clerk to send certified copies of this resolution to Governor Mario M. Cuomo, the Clerk of the New York State Assembly, the Secretary of the New York State Senate, Senator Dale M. Volker, Assemblyman Richard J. Keane, Congressman Jack Quinn, U.S. Senators Alfonse M. D'Amato & Daniel P. Moynihan, Erie County Executive Dennis Gorski, Erie County Legislators Robert M. Villarini & Frederick J. Marshall, and all of the Town Clerks in Towns in Erie County.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 (not on agenda) - NYSEG Street Lighting Proposal.

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

WHEREAS, two (2) new intersections were created by the building of the Eagle Heights West Subdv. and the Orchard Heights Subdv. and the lights to be installed on existing wood poles which are owned and maintained by NYSEG, and

WHEREAS, installation of the lights will provide proper identification of the intersections as established by current Town standards

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the following street lighting proposal from NYSEG dated 12/16/92 and as recommended by the Town Engineer:

Reg. Mtg. #24 Mtg. #25 12/16/92 Page 5

Jewett Holmwood - Eagle Heights West Subdv.

Install 1 - 8500 lumen HPS lamps @ $111.54 ea. = $111.54

Pole - 56, Line 897 Annual Increase = $111.54

Milestrip Rd.

Install 1 - 8500 lumen HPS lamps @ $111.54 ea. = $111.54

Pole - 107, Line 854

Annual Increase = $111.54

Total Annual Increase = $223.08

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 (not on agenda) - O.P.C.S. Federal Credit Union.

10) 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 refer to the Planning Board and Conservation Board the request from O.P.C.S. Federal Credit Union for a building permit at 4000 North Buffalo Road.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

11) 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 transfers as recommended by the Town Auditor:

Refuse & Garbage District

from: 800.8160.000.400 Consortium Membership $ 1,000.00

800.8160.000.413 S.W.M.P. charges $ 3,500.00

800.8160.000.440 Contractual Services $11,980.00

to: 800.8160.000.405 Contracted Brush Pick-up $ 1,980.00

800.8160.000.410 Contracted Container Hauling $14,500.00

Budget Amendment - Refuse & Garbage District

Increase 800.599Appropriated Fund Balance $26,500.00

Increase 800.960 Appropriations $26,500.00 800.8160.000.410 Contracted Container Hauling $26,500.00

Consolidated Water & Sewer Operations

from: 001.8346.000.550 Contingent $15,000.00

to: 001.8346.000.111 Crew Chief and Laborers $15,000.00

General Fund

from: A9010.000.810 State Retirement $49,000.00

to: A3120.000.100 Salary - Police $49,000.00

Parks & Grounds

$ 130.00 from A5010.200 to A5010.400

$2,000.00 from A5132.422 to A5132.445

$ 600.00 from A5132.200 to A7110.419

$2,500.00 from A7110.475 to A7110.450

$3,000.00 from A7110.402 to A7110.149

Highway

$500.00 from DA.5110.144 (payroll) to DA5110.137

$10,000.00 from DA.5140.144 (payroll) to DA5142.144

Code Error

$ 3,380.00 7/1/92 REF 2636 remove from DA.5110.440 to A8540.448 Drainage acct.

work done behind Eagle Ridge with Board approval.

and

AMOUNT FROM TO

$241.54 - A.1220.000.445 - Maintenance A.1220.000.465 - Debt Administration

of Vehicle

$375.00 - A.1910.000.480 - Contingent A.1340.000.451 - Accounting Services

$452.27 - A.1910.000.480 - Contingent A.1355.000.111 - Salary of Assessor

$716.07 - A.1910.000.480 - Contingent A.1410.000.111 - Deputy Town Clerk

$592.18 - A.1910.000.480 - Contingent A.1440.000.100 - Salary of Engineer

$292.96 - A.1910.000.480 - Contingent A.3510.000.100 - Salary Dog Control

$ 94.75 - A.1910.000.480 - Contingent A.7020.000.100 - Salary Recreation Director

$427.54 - B.1910.000.480 - Contingent B.3620.000.100 - Salary Building Inspector

and

FROM TO

$ 60.00 - A.1330.000.419 - other expense A.1330.000.412 - Mileage Reimbursement as recommended by the Receiver of Taxes

and

FROM TO

$ 77.00 - A.7020.149 Personnel A.7020.459 Training

as recommended by the Recreation Director

and

Whereas, the Town has certain capital projects that it wishes to close and further,

Whereas, the projects either have unexpended balances or require additional funding,

NOW, THEREFORE, these transfers will close out the following capital projects:

Project H01 Sewer District No. 18 - Transfer $62.14 into the Special Districts Fund - account 518.5031.000

Project H02 Water District No. 10 - Transfer $8,927.09 into the Special Districts Fund - account 100.5031.000

Project H03 Water District No. 4 - Transfer $9,250.44 into the Capital Projects Fund - account H03.5031.000 from Water District No. 4 - account 040.9950.040.900

Project H04 Sewer District No. 12 - Transfer $4,331.67 into the Special Districts Fund - account 512.5031.000

Project H05 Water District No. 19 - Transfer $7,202.59 into the Special Districts Fund - account 190.5031.000

Reg. Mtg. #24 Mtg. #25 12/16/92 Page 7

Project H06 Water District No. 20 - Transfer $30.00 into the Capital Projects Fund - account 1106.5031.000 from Water District No. 20 - account 200.9950.200.900

Project H07 Sewer District No. 2 - Transfer $65.21 into the Capital Projects Fund - account H07.5031.000 from Sewer District No. 2 - account 502.9950.020.900

Project H08 Quaker Centre Road - Transfer $370.65

into the Capital Projects Fund from the General Fund - account A9950.000.900

Project H09 Sewer District No. 8 - Transfer $7,896.89 into the Special Districts Fund - account 508.5031.000

Project H10 Water District No. 21 - Transfer $6,603.02 into the Special Districts Fund - account 021.5031.000

Project H11 Jewett-Holmwood Waterline - Transfer $979.59 into the Special Districts Fund - account 150.5031.000

Project H28 Computer - Transfer $19,115.21 into the

Capital Projects Fund from the General Fund - account A9950.000.900

Project H29 Honeycrest Building - Transfer $9,177.07 into the General Fund - account A.5031.002

As a result of transfers made to close out various capital projects the following budget transfer is necessary in the General Fund.

From: A1910.000.480 Contingent $19,486.00

To: A9950,000.900 Transfer to Capital Projects Fund $19,486.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

Whereas, the Town Board wishes to increase its Capital Reserve, and

Whereas, certain General Fund revenues have exceeded their estimates, and

Whereas, these excesses will allow the Town to transfer the monies without a substantial decrease in its fund balance

position,

NOW, THEREFORE be it

RESOLVED that the following General Fund budget, amendment is hereby approved as recommended by the Town Auditor:

Increase A510 Estimated Revenues $250,000

A3001.000 Per Capital Aid $ 50,000

A3005.000 Mortgage Tax $200,000

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Buyer reported the 1st Dare semester-long course shall begin on 1/12/93 for the fifth grade taught by Police Officer Thomas Buranich. An Office will be open on Mondays in the Orchard Park Police Department and on Tuesdays and Fridays in the school. Contributions from the public have been wonderful and these will enable the program to buy materials to distribute to the children.

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

WHEREAS, the Sewer and Water Department has received delivery on a new sewer flusher truck and the new equipment is in service and is working quite well, and the Department's old flusher has become surplus, and

WHEREAS, the Highway Department has expressed an interest in acquiring this vehicle since it is no longer cost effective to repair and maintain the Highway's present flusher, and

WHEREAS, the Town Engineer received two quotes estimating the current value of the 1975 flusher

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to transfer the Sewer and Water Department's 1975 Flusher Truck to the Highway Department at a cost of Three Thousand ($3,000.00) Dollars to be funded from Highway Equipment Account to the Sewer and Water Equipment Capital Reserve Fund as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Town has received an application for a Public Improvement Permit from John Hodson for a 300 linear foot extension of the waterline on Hodson Road in Orchard Park Water District #1 as the applicant plans to build two new homes at the end of this stub street and the property does not have access to the Town's waterline, and

WHEREAS, this waterline will be installed on an easement to the Town, and details are currently being worked out for an extension of the Hodson Road pavement and R.O.W.

NOW, THEREFORE, Be it

RESOLVED that the Town Board be and is hereby authorized to approve application for Permit to construct a public improvement under P.I.P. #224 for Hodson Road Water Extension as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #24 Mtg. #25 12/16/92 Page 9

15) 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 all entries on Warrant #23 following auditing by members of the Town Board and in the funds indicated:

WARRANT #23

GENERAL FUND $ 83,639.54

PART TOWN FUND 363.70

HIGHWAY FUND 24,136.97

SPECIAL DISTRICTS FUND 130,433.67

TRUST & AGENCY FUND 5,509.80

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) 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 receive and file the communication as entered on the agenda:

1. Erie County Dept. of Emergency Services - List of O.P. Firemen who completed the Fire Police training course

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

17) 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 report as entered on the agenda:

1. Orchard Park Police Dept. - Monthly Report for November 1992.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

1. Marvin Ashburn, 6326 Benning Road - suggested the Town Board be very cautious when negotiating salary increases and look to the private sector for the %’s they will use for increases as many people are out of work.

2. Leona Backus, 115 Thorn Ave. - questions the Town's negotiations with Holmes and Murphy re: dumping on Thorn Ave. Was happy Holmes & Murphy will install a gate on the property to discourage illegal dumping but feels that is not the answer as she believes they are the worst offenders. She suggested the Town review the Zoning Ordinance which would cover the rules and regulations in this matter.