Reg. Mtg. #14 Mtg. #15 7/15/92 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 15th day of July, 1992, at 8:00 P.M.EDT 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

R. C. Henning Chief of Police

M. R. Merritt Town Engineer

ABSENT R. 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 BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 6/3/92 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.

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 a portion of the property located at 3943 North Buffalo Road from R-2 to B-3 for construction of mini-storage facilities as petitioned by Burgwardt Properties

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.

At this time Supervisor Mill requested the people in the audience who intended to speak on this public hearing to please limit their remarks and try not to rehash things that have already been said.

PROPONENTS

1. Carl Burgwardt, Petitioner - Stated the B-3 zoning is on this property 350° from the center of North Buffalo Road, the proposed zoning will not increase noise, traffic and lighting, no trees shall be removed, wooded area shall be left as is and shall be a buffer zone and there us not and shall not be access to the residential area to the rear.

OPPONENTS

1. John Troup, 101 Hawthorne Drive - presented petition with 1371 +/- signatures opposing the rezoning. He stated the rezoning will create more traffic and noise. The mini storage complex on Thorn Avenue is only 70% occupied. He presented photos to show his land and home in relation to the proposed business site.

2. Charles Lester, 6 Locust Drive - property directly to the rear of his property, storage units brings in bad elements and persons at all times of the day and night. That also is a habitat for wild life and he filed some photos to show the animals.

3. Victor DesCamp, 10 Locust Drive - this type of business has unregulated business hours, could cause drainage problems, increase of noise, traffic and lights.

4. Michael Jaeger, 92 Hawthorne Drive - in agreement with what has been said, this type of business is usually in an Industrial or Commercial Zone, will be very unsightly to the area, will have traffic problems getting in an out of North Buffalo Road and Mr. Burgwardt knew the zoning when he bought it.

5. John Belli, 14 Locust Drive - could add to drainage problem where water stands throughout the year.

6. John Berkhoudt, 54 Butternut Circle

7. Gerald Lovelace, 93 Hawthorne Drive

8. Paul Klanian, 98 Hawthorne Drive

9. Cynthia Smith, 87 Hawthorne Drive

10. Elroy Hale, 23 Poplar

11. Gary Barr, 83 Hawthorne Drive

12. Mrs. Troup, 101 Hawthorne Drive

13. William Branca, 92 Hawthorne Drive

14. Mary Lovelace, 93 Hawthorne Drive

15. Tim McSweeney, 57 Butternut Circle

16. Arthur Foster, 15 Locust Drive

17. Steven Schwagler, 23 Birch Run

18. Patti Lester, 6 Locust Drive

19. Shirley DesCamp, 10 Locust Drive

20. Louis Danch, 18 Birch Run

21. Kelly Malone, 15 Birch Run

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

RESOLVED that the Public Hearing in the matter of the rezoning petition of Burgwardt Properties Inc. be and is hereby closed at 8:29 P.M. EDT.

Aye Nay

D. J. Mill x

J. J. Mills x

P. D. Barnas x

D. M. Buyer abstained - conflict of interest

N. W. Ackerman x

THE RESOLUTION WAS DULY ADOPTED.

The Supervisor stated the Town Board will consider all the comments from this hearing, the Planning Board remarks, and will make a decision on the proposed rezoning hopefully at the next Board meeting.

Old Business #1 - A & L Krakowiak, Lake Ave. - Set public hearing for rezoning.

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 schedule a public hearing on 8/5/92 at 8:00 P.M. EDT in the matter of rezoning the property located at 5408 Lake Avenue from R-3 to R-3 Special Exception Use to operate a wedding cake business as petitioned by Alan & Lisa Krakowiak, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #14 Mtg. #15 7/15/92 Page 3

New Business #1 - Summer Recreation Staff.

3) 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 appointment of the following Town residents to the Summer Recreation Staff as recommended by the Recreation Director:

Mike Mulawka 3131 Southwestern Blvd. Bldg. Att. $5.20/HR

Chris Maciewjewski 3787 Baker Road Sub Aide $4.25/HR

Robert Baird 5311 South Freeman Road Sub Aide $4.25/HR

Kimberly Eckert 105 Tanglewood Drive West Sub Aide $4.25/HR

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - A. Lattanzio request for STOP sign at Dorchester & Elmtree.

4) 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 refer to the Public Safety Committee the request from Angelo Lattanzio, 18 Dorchester Road for a STOP sign at the corner of Dorchester Road and Elmtree Road.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Proclamation: "Friends of the Orchard Park Public Library".

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

Whereas, the Orchard Park Public Library is the sixth busiest library of the 52 in the county system; and

Whereas, residents had borrowed a total of 252,879 items from the Orchard Park Public Library in 1991, roughly 10 items for each person in the town; and

Whereas, The Orchard Park Public Library has managed to maintain its business hours
despite a lack of funding largely due to community support; and

Whereas, that community support for the Orchard Park Public Library has come in many forms which include numerous programs of the FRIENDS OF THE ORCHARD PARK PUBLIC LIBRARY; and

Whereas, FRIENDS OF THE ORCHARD PARK PUBLIC LIBRARY promote programs for

adults and youths, encourage gifts and memorials to the library, raise money for special gifts and try to improve public awareness and understanding of the library;

Resolved, that FRIENDS OF THE ORCHARD PARK PUBLIC LIBRARY are civic minded people willing to work for an excellent library and who believe our library is an important educational institution.

Now, Therefore, the Town Board of the Town of Orchard Park, in the County of Erie, in the state of New York, hereby proclaims the week of August 3rd, 1992 as:

FRIENDS OF THE ORCHARD PARK PUBLIC LIBRARY WEEK

Reg. Mtg. #14 Mtg. #15 7/15/92 Page 4

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - Assessor - Computer Equipment purchase.

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

WHEREAS, it is necessary to install a computer network system in the Assessor's Office to coincide with the conversion to the State Real Property System Software concept, and

WHEREAS, each town in the county is currently converting to this system and Orchard Park is committed to be up and running by the second week in September, and

WHEREAS, the Supervisor and the Assessor have met with representatives from both State and County to see that the conversion runs smoothly and in that regard the Assessor has solicited five vendors to give the Town Quotes for said network system and each vendor was very forthright and considerate in answering many questions

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the purchase of computer equipment, including software, for the Assessor's Office from Custom Computers Inc. at a cost not to exceed Twelve Thousand Three Hundred sixty ($12,360.00) Dollars they being the lowest responsible vendor as recommended by the Town Assessor and said purchase shall be funded from budget 1355.459Revaluation Contract.

Before the vote was taken, Supervisor Mill stated this purchase shall streamline the Assessor's Office and shall be tied into the County System.

The purchase cost normally would have been to get the information the Assessor shall be able to get now at a lower cost. It will make this office more efficient and all info will be more current and up to date.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 (not on agenda) - Resignation from Z.B.A., Henry Jarocha.

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 accept with regret the resignation of Henry J. Jarocha, 5409 Chestnut Ridge Road as a member of the Zoning Board of Appeals, effective immediately.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #6 (not on agenda) Appointment to Z.B.A.

8) 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 appointment of David R. Kaczor, 23 Silent Meadow Lane to the Zoning Board of Appeals to fill the unexpired term of Henry J. Jarocha, resigned, effective immediately with the term ending 12/31/94.

Reg. Mtg. #14 Mtg. #15 7/15/92 Page 5

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Mills stated Mr. Kaczor is a very active community person, past President of the Orchard Park Jaycees, State Jaycees President and brings youth and energy needed to the Zoning Board.

Mr. Kaczor thanked the Board for their vote of confidence and is looking forward to serving the Town of Orchard Park.

New Business #7 (not on agenda) - Set Public Hearing re: D.E.I.S. - O.P. Commerce Center.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on August 5, 1992 at 8:00 P.M. EDT in the matter of the Draft Environmental Impact Statement on the proposed Orchard Park Commerce Center on Milestrip Road, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 approve the sale of the surplus computer equipment, a 1989 I.B.M. AS400 Model B-10 main frame for Three Thousand seven hundred ($3,700.00) Dollars to Computer Exchange Ltd., 5901 Goshen Springs Road N.W., Norcross, Georgia, they being the highest responsible bidder thereof.

Before the vote was taken, Councilwoman Ackerman thanked the Supervisor for researching the possibility of placing a "for sale" ad in a magazine with a wide circulation at a reasonable cost which resulted in a $2,700.00 increase in sale price.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Town Board meet on May 27,1992, with Raymond F. Hutton, Receiver of Taxes, to discuss a partial payment plan of Real Property Taxes in Erie County, and

WHEREAS, on June 3, 1992, the Receivers and Collectors Association Unanimously adopted the proposal that was presented and discussed to the Town Board, and

WHEREAS, payment of escalating Real Property Taxes in one lump sum can often times be burdensome upon property owners. Partial payment of taxes would alleviate this burden by giving the taxpayer an option to pay their property taxes in one lump sum or 50% or greater of the current balances up to four (4) installments in the Receivers Office.

WHEREAS, this proposal hereby stated requests no change in the due dates or Real Property taxes, nor any change in the penalty structure as set forth under the Erie County Tax Act, only for the Receiver of Taxes, to be able to accept partial payment as outlined.

WHEREAS, this proposal is permissive with each taxing unit, they being the County of Erie, School Districts, Towns and Cities of Erie County.

NOW, THEREFORE, be it

RESOLVED that the Town Board calls on the Erie County Legislature to adopt a home rule resolution calling on the State of New York to grant approval for allowing payment of Real Property Taxes in Partial payments of 50% or more of the Current balances during the collection period at the local level.

BE IT FURTHER,

RESOLVED, that certified copies of this resolution be sent to All County Legislators, County Executive and Budget Department.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Tax Collector Skip Hutton thanked the Town Board for their unanimous approval of this proposal. Orchard Park will be the first Town to have adopted this legislation. There are more and more partial payments necessary for payment of taxes and this proposal would help to alleviate the burden on some tax payers.

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

Whereas, during the bleak days of the Depression of 1929, with community residents out of work, milk prices at an all-time low, and garden produce remaining unsold, one man had a special courage; and

Whereas, Walter B. Zirbes, Sr., an Orchard Park Village resident, pressed forward on a daring venture, because as he said, "...a man has to eat," and

Whereas, on July 13, 1992, with tremendous hard work and faith, beginning from the basement of Walter Zirbes home, the first edition of the ORCHARD PARK PRESS was published; and

Whereas, through many vicissitudes and passing through many capable hands, the community newspaper grew and developed during and after the years of World War II; and

Whereas, what began humbly as the ORCHARD PARK PRESS stands proudly today as the

SOUTHTOWNS CITIZEN; and

Whereas, a free press is an essential ingredient in the maintenance of a democratic form of government;

Reg. Mtg. #14 Mtg. #15 7/15/92 Page 7

Now, Therefore, be it

Resolved, that the Town of Orchard Park, hereby congratulates the Coleman Family for over thirty years of service to the community through the ownership and operation of a local newspaper; and be it further

Resolved, that on this 60th Anniversary of our community newspaper, the Town Board, on behalf of the residents of Orchard Park, extends a heartfelt 'Thank You' to the Coleman Family for dedication in maintaining the tradition of a free press, cornerstone of American Democracy.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, pursuant to General Municipal Law Section 239-m, certain proposed municipal zoning actions must be submitted to a county planning agency for review and recommendation before the municipality makes a final determination on such zoning actions; and

WHEREAS, General Municipal law Section 239-m also allows municipal agencies and the County to enter into agreements whereby certain zoning actions do not have to be submitted to a county planning agency for review and recommendation before the municipality makes a final determination on such zoning actions; and

WHEREAS, the purpose of this Agreement is to recognize that certain zoning actions do not have intermunicipal or county-wide significance and, therefore, are best handled at the local municipal level without referral to the county planning agency for review and recommendation; and

WHEREAS, eliminating such referral would assist to streamline the County's review process and at the same time assist to reduce administrative costs for both the municipality and the County.

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the agreement with the County of Erie which provides that certain zoning actions do not have to be submitted to a county planning agency for review and re-commendation before the municipality makes a final determination on such Zoning actions; as recommended by the Town Attorney.

Reg. Mtg. #14 Mtg. #15 7/15/92 Page 8

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill reported the State Legislature has passed a Tax Stabilization Reserve Fund Bill, state-wide. A few meetings ago we had petitioned Albany to allow the Town of Orchard Park to establish a Tax Stabilization Reserve Fund. This request and pro-posed bill caused a lot of interest in Albany and therefore a state-wide use bill was passed.

Councilman Barnas reported that a malfunction of a sewer line in Sewer District #3 on Milestrip Road caused sewage to flow from a manhole on Milestrip Road near Baker Road. There is an alarm system set up with the treatment plant and actually this was not working. He thanked Steven McCarville, Village Trustee and Chairman of Sewer District #3, Mike Merritt, Town Engineer, Councilman Mills and anyone else who answered our call for help. Last year the same thing happened and supposedly Mr. Alessi was to have a new alarm system installed. This was never done but it will be done now.

Steven McCarville, Chairman of Sewer District #3 stated there was a mechanical failure. The pumps weren't working and this caused the holding tank to fill up and sewage did flow out of the manhole. He believes a power surge caused a fuse to malfunction. The officials have assured him that the incident of last year and this incident are not related. The spill last year was a result of a lightning strike. As a precaution that this does not happen again he has ordered a new alarm system to be installed immediately which relies on radio waves rather than phone lines. He thanked all the Town Officials for their help with this frustrating problem and shall report back to then in the very near future.

Councilman Buyer reported the fountain at Green Lake has been installed and already the clarity of the water has improved immensely. He thanked the Town Organizations and everyone who has helped to make this beautiful fountain a reality at Green Lake.

Councilwoman Ackerman reported while the Library parking lot is being enlarged and resurfaced, St. Johns Lutheran Church has offered the use of their parking lot to all patrons at the Library. A special thanks for being such a "good neighbor"!

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

WHEREAS, an excavation permit was issued to J & M Webster Development, Inc. on 11/16/88 for excavation and grading work on Webster Road, and

WHEREAS, it has been requested that we release the bond, and a site inspection reveals that all work has been completed and properly restored

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the release of Aetna Bond No. 45 S 100536786 BCA Bond to Excavate for Excavation Permit #1988-6 in the amount of $10,000.00.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Town Engineer Merritt reported that the Developer of Pleasant Acres Subdivision has requested dedication of Phase II as constructed under P.I.P. #205 which was issued two years ago, extended last year for an eight month period and has expired at this time because as of the end of the business day today we have not yet received the required two year maintenance bond for $110,000.00 or the $6,800.00 security for street lighting and the following list of work is incomplete, although 99% of the necessary work has been finished:

Reg. Mtg. #14 Mtg. #15 7/15/92 Page 9

Phase 2

- landscaping at various locations

- houses #36 & #37 Burbank Drive

- houses #36 & #37 Bender Drive

- drainage pipe inlets at sublot #16

- miscellaneous areas to topdress & reseed

- install street light standards, conduit, wiring ($6,800.00 to be held in escrow until completion)

Phase 1

- replace topsoil removed (stolen) from Town property along top of berm at west end of detention basin

- re-establish emergency spillway outfall swale from detention basin on sublot #46 - must be done by placing fill material to bring finished grades up to level established at time of Phase 1 dedication

- landscape detention basin where disturbed as necessary

- detention basin will be monitored during warrantee period to determine if additional remedial work is needed to stabilize bottom surface soil

At this point he suggested Richard Sullivan, Esq., attorney for the developer direct the Town Board.

Mr. Sullivan stated he wanted to thank Mike Merritt for his cooperation in this matter. He, on behalf of the Developer, is asking for dedication of Pleasant Acres Phase II, as constructed under P.I.P. #205. He was out at the site with Mike Merritt and members of his office and as Mike has stated 99% of the work has been done. The retention basin is from Phase I and the remaining problems have to do with landscaping. He has deposited, tonight, with the Town Attorney a certified check in the amount of $110,000.00 which is the two year maintenance fee for P.I.P. #205 and a $6,800.00 certified check as a street lighting security. With the cooperation of the Town Attorney and Town Board, he is asking that the developer be given two weeks to complete all problems and unfinished items, and of not completed in two weeks, the Town shall be authorized to draw the amount necessary to finish all items in Phase I & Phase II from the $110,000.00 maintenance deposit. If the incomplete items are finished, the developer shall replace the $110,000.00 maintenance deposit with an appropriate bond.

A discussion was held by members of the Town Board, Town Attorney, Town Engineer and Mr. Sullivan in the matter of the request for dedication of Pleasant Acres Phase II, the items needed to be correct and/or finished, use of maintenance bond put on deposit etc.

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

WHEREAS, the Town of Orchard Park has been requested to accept dedication of Pleasant Acres Phase II as constructed under P.I.P. #205, and

WHEREAS, the following list of items prepared by the Town Engineer remain incomplete in Phase II as constructed under P.I.P. #205 and Phase I constructed under #204 which was dedicated on 1/2/91 with stipulations:

Phase 2

- landscaping at various locations

- houses #36 & #37 Burbank Drive

- houses #36 & #37 Bender Drive

- drainage pipe inlets at sublot #16

- miscellaneous areas to topdress & reseed

-install street light standards, conduit, wiring ($6,800.00 to be held in escrow until completion)

Reg. Mtg. # 14 Mtg. #15 7/15/92 Page 10

Phase 1

- replace topsoil removed (stolen) from Town property along top of berm at west end of detention basin

- re-establish emergency spillway outfall swale from

detention basin on sublot #46 - must be done by placing

fill material to bring finished grades up to level estab‑

lished at time of Phase 1 dedication

- landscape detention basin where disturbed as necessary

- detention basin will be monitored during warrantee period to determine if additional remedial work is needed to stabilize bottom surface soil and

WHEREAS, Town Engineer Michael Merritt and Richard Sullivan, Esq., Attorney for the developer, Forbes Homes, have walked the area and/or areas in question and have agreed that all incomplete work in both phases shall be finished to the satisfaction of the Town Engineer within 14 days

NOW, THEREFORE, Be it

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to proceed with dedication of Pleasant Acres Phase II as constructed under P.I.P. #205 with the following stipulations:

1. All remedial work on the punch list for Phase I (dedicated 1/2/91) and Phase II be completed within fourteen (14) days making a July 30th 1992 deadline.

2. Developer should communicate directly with Town Engineer Michael Merritt.

3. The $110,000.00 two year maintenance security for P.I.P. #205 deposited in Trust and Agency shall be used by our Town to complete any and/or all remedial work in Phase I and/or Phase II incomplete at the deadline date of 7/30/92.

4. The $6,800.00 deposit for installation of street lighting in Phase II shall be held in escrow until completion.

5. If the developer does indeed complete all necessary work to the satisfaction of the Town of Orchard Park and/or Town Engineer Michael Merritt, the Town shall return the $110,000.00 to the developer upon the deposit of a two year $110,000.00 maintenance bond, approve by the Town Attorney.

THE RESOLUTION WAS UNANIMOUSLY 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 approve all entries on Warrant #13 following auditing by members of the Town Board and in the funds indicated:

WARRANT #13

GENERAL FUND $140,525.72

PART TOWN FUND 261.24

HIGHWAY FUND 38,888.67

SPECIAL DISTRICTS FUND 14,208.00

TRUST & AGENCY FUND 2,995.01

CAPITAL FUND 53,679.60

DEBT SERVICE FUND 105,413.75

Text Box: Reg. Mtg. #14 Mtg. #15 7/15/92 Page 11

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

1. Orchard Park Central School - notification of names of two persons elected to School Board for 3 year term 7/1/92 - 6/30/95.

2. Senator Dale Volker - Acknowledging Resolution in support of GIS by Erie County Water Authority.

Town of Elma - Adopted resolution regarding legislation providing mortgages on homes located in commercial zones.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

1. Anthony DiMichel, 3582 S. Benzing Road - Filed a petition signed by 14 area residents requesting the Town Board and/or Safety Committee to research a way to access or exit S. Benzing Road onto Southwestern Blvd. There have been several accidents there and many "almost" accidents.

2. James Przysasniak, 3557 S. Benzing Road - Stated he feels better striping needs to be done. Thanked the Police for their help many times. Would like to have the Safety Committee to review the area.

Engineer Merritt stated the N.Y.S. D.O.T. is in the process of designing the reconstruction of Rt. #20 and believes this is one of the concerns areas that will be redone. Hopefully this will start next summer.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:38 PM EDT.

Respectfully submitted,