Reg. Mtg. #4 Mtg. #5 2/19/92 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 19th day of February 1992 at 8:00 P.M. EST and there were

PRESENT AT ROLL CALL: D. J. Mill Supervisor

J. J. Mills Councilman

P. D. Barnas Councilman

D. M. Buyer Councilman

N. W. Ackerman Councilwoman

Betty K. Reukauf Town Clerk

L. Berkowitz Town Attorney

R. W. Sweet Building Inspector

M. R. Merritt Town Engineer

ABSENT: R. C. Henning Chief of Police

R. A. Geitter Supt. of Highway

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

PUBLIC HEARING

At 8:00 PM EST, 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 a portion of the property located at 5455 Webster Rd. from I-1 to B-2 as petitioned by Quaker Boy Inc., to make all property at this location the same zoning.

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.

PROPONENTS

Richard Kirby, 6426 W. Quaker St., owner of the property. OPPONENTS

Carol Struck, 5425 Webster Rd. - Requested as to the future of the building on the property. Councilman Buyer assured her that any request for use or additional building would have to be approved by the Planning Board.

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 the rezoning petition of Richard Kirby be and is hereby closed at 8:05 PM EST.

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 Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

to rezone a portion of the property located at 5455 Webster Road from I-1 to B-2 as petitioned by Quaker Boy, Inc., to make all property at this location the same zoning

Reg. Mtg. #4 Mtg. #5 2/19/92 Page 2

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 19th day of February 1992 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 I-1 to B-2 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, State of New York, being part of Lot 40, Township 9, Range 7, being more particularly described as follows:

Beginning at a point in the center line of Webster Road, 282.71 feet west of the center line of California Road, said point being the northeast corner of Ragar by Liber 6345 of Deeds at Page 333; thence continuing along the center line of Webster Road, 100.00 feet to the northeast corner of Struck by Liber 7078 of Deeds at Page 39; thence southerly at right angles with Webster Road, 86.01 feet; thence north^easterly, 116.53 feet to a point 26.18 feet south of the center line of Webster Road; thence northerly, 26.18 feet to the point or place of beginning.

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.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - Sale of property Abbott Rd./Milestrip Rd.

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

WHEREAS, the Town of Orchard Park is a Town of the First Class, and

WHEREAS, after considerable study and evaluation of the vacant premises on Abbott Road (corner of Milestrip Road), Orchard Park, which was deeded to the Town of Orchard Park and the Town of Hamburg on April 11, 1955, a determination has been made that such property should be sold.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, pursuant

to the provisions of Section 64-2 of the Town Law, subject to a permissive referendum, that the premises owned by the Town of Orchard Park and the Town of Hamburg and commonly known as vacant

Reg. Mtg. #4 Mtg. #5 2/19/92 Page 3

land on Abbott Road (corner of Milestrip Road), be sold to William Worthling, d/b/a Diamond Cutters of Western New York for the sum of $50,100.00 pursuant to the terms of the contract, dated the 19th day of February, 1992. Said premises being described as follows:

BEGINNING at a point two hundred ninety-seven and ninety-nine hundredths (297.99) feet north of and at right angles to the south line of Lot No. 31, which south line of Lot No. 31 is also the south line of lands conveyed to Elmer Ellis by deed recorded in the Erie County Clerk's Office in Liber 2128 of Deeds at page 34, said line extended northerly being measured from a point on the south line of Lot No. 31 measured two hundred twenty (220.00) feet easterly from its intersection with the center line of Abbott Road; thence continuing northerly and at right angles to the south line of Lot No. 31, a distance of two hundred forty-five and fifty-two hundredths (245.52) feet to a point on the north high bank of Smokes Creek at an elevation twenty (20.00) feet

above the creek bottom at the bridge of Abbott Road and on the west line of Ellis property; thence measured westerly and northerly along the sinuous line at an elevation twenty (20.00) feet above the creek bed at the aforementioned bridge to the top

of the high bank east of Abbott Road; thence measured westerly to a point on the center line of Abbott Road at the northwest corner of lands conveyed to Elmer Ellis by deed recorded in the Erie County Clerk's Office in Liber 2218 of Deeds, at page 34; thence measured southeasterly and at an included angle with the last described line of seventy degrees no minutes (70°00') and measured along the center line of Abbott Road, a distance of two hundred twenty-seven and sixty-nine hundredths (227.69) feet to an angle point; thence measured southeasterly and at a deflection to the^. east of no degrees eight minutes (0°08') with the last described line and along the center line of Abbott Road a distance of one hundred nineteen and four hundredths (119.04) feet; thence measured easterly and parallel with the south line of Lot No. 31 a distance of three hundred eighty-four and sixty-four hundredths

(384.64) feet to the point of beginning, excepting from the above described premises the easterly half of Abbott Road, said Abbott Road having a full right-of-way width of sixty-six (66.00) feet, the remaining premises containing three and nine tenths (3.9) acres more or less.

That the Supervisor is hereby authorized and directed to sign the aforesaid contract and to also execute the deed and other documents necessary to the closing of the sale on behalf of the Town of Orchard Park, and be it further

RESOLVED, that pursuant to Section 82 and 90 of the Town Law that within ten (10) days from the date of this resolution the Town Clerk shall post and publish a notice which shall set forth the date of the adoption of the resolution, shall contain an abstract of such resolution concisely setting forth the purpose and effect thereof, shall specify that this resolution was adopted pursuant^-to a permissive referendum; and shall publish such notice in the official newspaper of the Town of Orchard Park having general circulation^' in the Town of Orchard Park, and in addition thereto that the Town Clerk shall post or cause to be posted on the sign-board of the Town of Orchard Park, a copy of such notice within ten (10) days after the date of the adoption of this resolution.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #4 Mtg. #5 2/19/92 Page 4

Supervisor Mill explained for the audience that the Town of Hamburg and the Town of Orchard Park jointly owned Water District #6. There will be a parcel of land in Hamburg that shall be sold and from now on each Town will provide water to its own area residents of that district.

Old Business #2 - Rescind 3/15/89 Joint Use & Occupancy Agreement - Town/Village.

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 rescind resolution #27 of the March 15,1989 Town Board Meeting in the matter of the "Joint Use and Occupancy" Agreement with the Village of Orchard Park providing space in the Municipal Center signed March 20,1989.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

D. J Mills Aye

J. J Mills Aye

P. D. Barnas Aye

D. M Buyer Aye

N. W. Ackerman Aye

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Approve Joint Use and Occupancy Agreement - Town/ Village.

5) 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 Supervisor to sign the "agreement of Joint Use and Occupancy" with the Village of Orchard Park for space occupancy in the Municipal Center effective June 8, 1991.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time Supervisor Mill and Mayor Dickman signed the agreement and each expressed their extreme pleasure with the cooperative working condition enjoyed by their governments The Village and Town have coexisted for many, many years and this lease agreement will be more cost effective for the Town and Village resident. Credit for the research of all pertinent information used for the final draft of this agreement was given to Councilman John Mills and Trustee Thomas Morrow.

Old Business #4 - Stadium Mobil, Southwestern Blvd.: Enlarge pump island/lighted canopy.

6) 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 Stadium Mob-H, Inc., 3856 Southwestern Blvd. for a building permit for an enlarged pump island with lighted canopy with stipulations as recommended 2/12/92 by the Planning Board and a deposit of Three Hundred seventy-five ($375.00) Dollars landscape completion Bond.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #4 Mtg. #5 2/19/92 Page 5

New Business #1 -Town Clerk: Records Management Seminar attendance by Deputy.

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

RESOLVED that the Town Board be and is hereby authorized to the request from the Town Clerk for her Deputy June Cooper to attend the Records Management Program Seminar at Mayville, N.Y. on 4/6/92 at no expense to the Town as expenses shall be covered by the Records Management Grant.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 -Stable Permits: for 1992.

8) 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 following Stable Permit Applications for 1992:

#1 - Johnny Chapman Training Stable, Inc., 5999 South Abbott Road

#2 - Harvey & Evelyn Barker, 6804 Scherff Road

#3 - Greendale Farm, George & Susan Braen, 7295 Jewett Holmwood Road

#4 - Countryside Stables, Hawk Hill Farm, Inc., 7895 East Quaker Road

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - 1991 - 1992 Highway Contract.

9) 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 direct the Supervisor to sign the Collective Bargaining Highway Agreement effective 1/1/91 thru 12/31/94. The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - Property Agreement with Chester & Ruth Kabel/Town, Ball Diamonds.

10) 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 direct the Supervisor to sign the easement with Chester & Ruth Kabel which provides for access to the Little League Diamonds off Thorn Avenue.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #4 Mtg. #5 2/19/92 Page 6

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

RESOLVED that the Town Board be and is hereby authorized to approve the following End of the -1991 Year transfers:

	Transfer from			Transfer To
		Amount		Amount
		Amount
GENERAL FUND
A.1110.000.137	Salary - Clerical	$ 15.00	A.1110.000.100	Salaries - Justices $ 15.00
A.1330.000.137	Salary - Clerical	815.00	A.1330.000.111	Salaries – Deputies 815.00
A.1220.000.400	Office Supplies	55.00	A.1220.000.465	Debt Administration 55.00
A.1355.000.137	Salary - Clerical	1,070.00	A.1355.000.100	Salary - Assessor 1,045.00
			A.1355.000.111	Salary - Deputy Assessor 25.00
A.1410.000.450	Publishing	680.00	A.1410.000.111	Salary - Deputy Clerk 680.00
A.1440.000.111	Salary - Eng. Asst.	500.00	A.1440.000.137	Salary - Clerical 500.00
A.1450.000.419	Machine Moving	20.00	A.1450.000.110	Salary - Inspectors 20.00
A.1620.000.420	Telephone	910.00	A.1620.000.446	Contracted Repairs 910.00
A.1910.000.480	Contingent	2,940.00	A.1670.000.439	Rental Copy Machine 2,940.00
A.3120.000.475	Gasoline	270.00	A.3120.000.137	Salary of Clerk 90.00
			A.3120.000.215	Police Patrol Cars 180.00
A.3310.000.443	Repairs	1,285.00	A.3310.000.215	Signs 1,210.00
			A.3310.000.421	Electric 75.00
A.5010.000.419	Other Expenses	40.00	A.5010.000.400	Office Supplies 20.00
			A.5010.000.413	Travel & Conference 20.00
A.7020.000.251	Park Improvements	60.00	A.7020.000.421	Electric 50.00
			A.7020.000.450	Publishing 10.00
A.7110.000.149	P.T. Laborer	1,630.00	A.7110.000.144	Salary - Laborers 11,785.00
A.7110.000.215	Equipment	3,430.00	A.7110.000.445	Vehicle Repair & Maintenance 965.00
A.7110.000.402	Supplies	690.00	A.7110.000.449	Lake Maintenance & Cleaning 285.00
A.7110.000.421	Electric	300.00
A.7110.000.422	Gas	600.00
A.7110.000.446	Small Equipment Repair	1,020.00
A.7110.000.447	Fencing	245.00
A.7110.000.448	Fertilizer	195.00
A.7110.000.448	Fertilizer	195.00
A.7110.000.450	Launching Area Repairs	200.00
A.7110.000.475	Gasoline	900.00
A.1910.000.480	Contingent	3,825.00
A.1910.000.480	Contingent	95.00	A.7310.000.419	Other Expenses - Youth 95.00
A.7610.000.401	Senior Citizen Van	500.00	A.7610.000.400	Group Expenses 500.00
4.8560.000.419	Shade Trees	15.00	A.8560.000.417	Beautification & Spraying 15.00
4.8730.000.413	Travel & Conference	280.00	A.8730.000.100	Salary - Conserv. Board 280.00
4.1910.000.480	Contingent	715.00	A.9040.000.813	Workers Comp. Insurance 715.00
4.1910.000.480	Contingent	15,650.00	A.9065.000.818	Dental Insurance 15,650.00
4.1910.000.480	Contingent	4,570.00	A.9070.000.816	Unemployment Insurance 4,570.00
4.1910.000.480	Contingent	30,215.00	A.9090.000.817	Medicare - P/T Employees 30,215.00
^,ART-TOWN FUND
¹.8020.000.139	Salary-Plan Clerk	145.00	8.8020.000.110	Salaries-Plan Coordinator 145.00
.1910.000.480	Contingent	50.00	8.9040.000.813	Workmens Compensation 50.00
.1910.000.480	Contingent	1,395.00	8.9090.000.817	Medicare - P/T Employees 1,395.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #4 Mtg. #5 2/19/92 Page 8

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

WHEREAS, funds were set aside for the purchase of a dump truck for the Sewer and Water Department in the 1992 budget

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to transfer $20,000.00 from the interfund line item for equipment (001.8345.000.902) to the Equipment Capital Reserve Fund within the Sewer and Water Department Budget as recommended by the Town Accountant.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Sewer and Water Department presently owns a 1971 International one-ton dump truck which has 65,000 miles and is in very poor condition, and

WHEREAS, primarily the dump truck is used for hauling materials to and from job sites for waterbreaks, sewer construction, street lighting repair projects, landscaping etc., but is also occasionally used for transporting personnel and other purposes, and

WHEREAS, this truck is essential to the operation of the Sewer and Water Department and must be replaced

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the purchase of a 1992 one-ton dump truck from Orange Motors, 799 Central Avenue, Albany, N.Y. under State Bid Contract #P002278 at a cost of $1¹4,208.00 for the Sewer and Water Department 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 #3 following auditing by members of the Town Board and in the funds indicated:

WARRANT #3 GENERAL FUND $44,661.52

PART TOWN FUND 660.97

HIGHWAY FUND 20,909.66

SPECIAL DISTRICTS FUND 122,355.74

TRUST & AGENCY FUND 181,496.89

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #4 Mtg. #5 2/19/92 Page 9

17) 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 following communication as entered on the agenda:

1. Buffalo Bills, One Bills Drive - Letter thanking Town Board for their support and kindness.

and be it further

RESOLVED the Town Board be and is hereby authorized to receive and file the following communication received too late to be entered on the agenda:

1. Ralph C. Wilson, President Buffalo Bills - Letter of thanks for Town's expression of good wishes.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) 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 reports as entered on the agenda:

1. Planning Board - Annual Report for 1991

2. Building Inspector - Report on Niagara Frontier Building Officials Conference School February 3 - 5, 1992.

and also the following report received too late to be entered on the Agenda: 1. Town Justice - Annual Report for 1991.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

1. Linda O'Connor, News Correspondent - Requests information on where remaining money for the truck for Sewer and Water Department will be used.

Town Engineer Merritt stated it will be deposited in a Capital Fund for the purchase of a badly needed flusher.

2. Susan Braen, 7295 Jewett Holmwood Rd. - Is the reason the truck shall be purchased in Albany because of the State Bid?

Supervisor Mill stated yes, but also because the truck is available there now.

3. John Coleman, Representing The Citizen - He asked 1] Councilman Mills if those in charge of the presentation did not attempt to stop the antics of Governor Cuomo and Senator D'Amato? the answer was no, it went on forever, and 2] asked Councilwoman Ackerman if there has been any discussion on the rescinding of the Beverage Container bill now that recycling is mandatory?

Councilwoman Ackerman stated the Beverage Container law will still be in effect and feels it is a good law. Excess monies from the deposit fund could be used for

recycling eventually.

Mr. Coleman and Mrs. Ackerman had a long discussion on recycling, State mandates etc.