Reg. Mtg. #12 Mtg. #13 6/17/92 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 17th day of June 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 Police Chief

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 MILLS, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 5/20/92 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 - Burgwardt Properties, N. Buffalo Rd. Rezoning for mini storage.

1) 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 schedule a Public Hearing on 7/15/92 at 8:00 P.M. EDT in the matter of the rezoning of a portion of the property located at 3943North Buffalo Road from R-2 to 8-3 for construction of mini-storage facilities as petitioned by Burgwardt Properties Inc., and be it further

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

Aye Nay

D. J. Mill x

J. J. Mills x

P. D. Barnas x

D. M. Buyer abstained - conflict of interest N. W. Ackerman

THE RESOLUTION WAS DULY ADOPTED.

Old Business #2 - Zaepfel-Krog Corp., 3 Cobham Dr., printing facility.

2) 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 Zaepfel-Krog Corp., 3 Cobham Drive for a building permit for a 31,500 sq.ft. printing facility subject to the following stipulations as recommended by the Planning Board on 6/10/92:

Reg. Mtg. #12 Mtg. #13 6/17/92 Page 2

1. a Negative SEQRA Declaration

2. the detention pond at entrance to Quaker Centre be cleaned prior to issuance of building permit

3. a deposit of a $255.00 landscape completion bond

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Contour Erection 6 Siding, S. Taylor Rd. Special Exception Use.

3) 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 deny the request from Contour Erection and Siding Inc., 4370 South Taylor Road for rezoning of address property from I-1 to I-1 Special Exception Use for a construction business for the following reason as recommended by the Planning Board 6/10/92:

1) This contracting business is too large for the site and is not compatible with adjoining lands and the comprehensive plan of development for the Town.

2) An acceptable landscape plan has not been submitted.

3) Due to the configuration of the land, the proposed plan cannot be accommodated on the site; therefore, the site is not compatible with the use.

4) Outside storage is not acceptable per the Town Code (enclosed storage only in an I-1 zone).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - W.N.Y. Catholic Long Term Care, Chestnut Ridge/Powers, Building Permit.

4) 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 refer to the Planning Board and Conservation Board the request from Western New York Catholic Long Term Care, Inc., Chestnut Ridge Road and Powers Road for a building permit for a 160 bed health facility.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Summer Recreation Staff appointments.

5) 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 approve the following resident appointment to the Summer Recreation Staff as recommended by the Recreation Director:

Tom Callaghan 4017 N. Freeman Road Sub/Grd. $4.50/HR

Reg. Mtg. #12 Mtg. #13 6/17/92 Page 3

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - O.P. CROP Walk: walk and use of Yates Park Recreation Building.

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Orchard Park CROP Walk to conduct their annual walk and use of Yates Park recreation building for a check point on 10/18/92.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 (not on agenda) - Assessor's Clerk attend Seminar at Cornell.

7) 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 Town Assessor for the Assessor Staff Clerk Joy Tripp to attend a seminar on appraising at Cornell University 7/19/92 - 7/24/92 at Town expense as provided in the budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 (not on agenda) - A & L Krakowiak, Lake Ave., Special Exception Use.

8) 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 Planning Board and Conservation Board the request from Alan & Lisa Krakowiak, 5408 Lake Ave. to rezone property from R-3 to R-3 Special Exception Use to operate a wedding and decorative cake business.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #6 (not on agenda) - Mr. Oil change, Southwestern, building permit.

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 refer to the Planning Board and Conservation Board the request from Mr. Oil Change, 3680 Southwestern Blvd. (former Torrax building) for a building permit for construction of additional office and warehouse space to present facility.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #7 (not on agenda) - Designate a Sewer & Water Dept. truck surplus.

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 designate as surplus the 1971 International One-Ton Dump Truck from the Sewer & Water Department and schedule a bid opening on 7/16/92 at 11:00 am in the Supervisor's Office to receive sealed bids for the sale of said truck.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #8 (not on agenda) - Orchard Park Commerce Center D.E.I.S.

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, as Lead Agency, to accept for review the Draft Environmental Impact Statement for the Orchard Park Commerce Center and direct the petitioner to distribute the necessary copies of said D.E.I.S. to all interested agencies for the 30 day review and comment period.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12) 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 Town Auditor:

$32,000.00 from A.1910.000.480 (Contingent) to A.3120.000.100 (Police Personnel) for retroactive payment

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #12 Mtg. #13 6/17/92 Page 5

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

WHEREAS, the Town has received grant monies from New York State for a Records Management Program in 1991 and 1992, and

WHEREAS, the use of these funds was not fully provided for in the Town's 1992 budget, and

WHEREAS, the Town Board desires to properly provide for the spending of these funds in its 1992 budget

NOW, THEREFORE, be it

RESOLVED that the following General Fund budget be amended as follows:

Increase A599 Appropriated Fund Balance $7,116

Increase A510 Estimated Revenues (A3089) $2,849

Increase A960 Appropriations (A1410.000.461) $9,965

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) 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 Supervisor to execute the Non-Drilling Oil and Gas Lease with Environgas Inc., One Grimsby Drive, Hamburg, N.Y. which covers a 1.18 acre piece of town property located on Benning Road to be part of a gas drilling operation.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill stated the Town and Village, as a joint effort, applied to U.S. Development of Housing and Urban Development for $100,000.00 in Community Development Funds to convert the town-owned Annex Building located on East Quaker Street into a Senior Citizens Center at an estimated cost of $130,000.00. There was approximately $821,000.00 available funds and several Erie County Municipalities competed for a portion for their project. Orchard Park did not receive any grant money for their selected project.

At the last work session, the Town Board committed themselves to have the renovation of the East Quaker Street Annex Building into a Senior Citizen Center as their no. 1 priority project. Hopefully next year the Town shall apply for CD funds to help fund this project and since we did not receive any of the grant monies this year we would have extra points for the competition next year.

At this time he requested the Town Engineer to prepare a report listing how this project can be accomplished and the time frame for completion. It is the consensus of the Board that this building cannot continue to sit unoccupied.

Councilman Buyer said he feels the project is a good one with or without funding.

Councilwoman Ackerman complimented Recreation Director Paul Winiecki for the manner in which he has coordinated the many Senior Citizen groups over the past several years.

Reg. Mtg. # 12 Mtg. #13 6/17/92 Page 6

Supervisor Mill reported the Police Department incurred about 156 1/2 hours of overtime during the concert weekend. The promoters have sent the Town approximately $2,500.00 to help defray the cost of said overtime. However, the total cost was approximately twice that amount. He requested the Town Attorney, Leonard Berkowitz, to contact the promoters of the next concert group, Guns 'n Roses, at the Stadium requesting more monies as $2,500.00 covers only about half of the cost of additional expenses incurred by the Police Department. This will be the first appearance this group in the Stadium, consequently, the Town has to rely on reports from areas where they have played and all reports are negative.

Police Chief Henning stated the concerts place a large burden on the law enforcement department of Orchard Park. The Police Station sustained a great deal of damage, including the cell block.

Councilman Barnas stated he has met with Mr. Pollien from the Buffalo Bills and the relationship seems to be good. Perhaps a copy of Chief Henning's report should be sent to him and/or the Bills and Erie County Executive Gorski.

Councilman Mills stated he is fed up with the "trashing of Orchard Park". Perhaps when Supervisor Mill meets with the Bills, they could discuss the possibility of the County, Town and the Bills pooling their concert funds which would help defray the cost for better and more police protection. The word must get out to concert goers we shall protect our residents and our Town!!

Supervisor Mill stated he would not approve of giving away the money given to Orchard Park from the promoters.

Councilman Barnas reported 1) the annual fishing derby shall take place on Sunday, June 21, 1992 from 1 PM to 4 PM, 2) the Town has funded the electrical work for the Green Lake Fountain Project at a cost of about $4,800.00 so the power shall be ready and available when the fountain arrives shortly, and 3) the Town is considering a purchase of a stump grinder at a cost of approximately $150,000.00 jointly with the Towns of West Seneca and Hamburg. The use and maintenance of said grinder would be shared by the three towns, and 4) the Town is researching the possibility of filing a grant application for recycling.

Councilman Buyer stated the Buffalo Bills organization is the tenant at the Stadium. The County of Erie is the owner of the Stadium and whether they like it or not they are responsible for what goes on there. He reviewed many of the problems that were encountered in previous years.

15) 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 Police Chief Henning for Police Lieutenant Samuel McCune to attend a breathalyzer course for recertification at Saratoga Springs July 22 - 23, 1992 at Town expense and as provided in the budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, Peter Liberatore Jr. plans to build a new home at the end of Stonehenge Drive (a stub street) and the property does not have access to the Town's sewer, and

WHEREAS, application from Peter Liberatore Jr. for a 70 linear foot extension of the sanitary sewer on Stonehenge Drive in Orchard Park Sewer District #18 was received, and

WHEREAS, the Town Engineering Department has reviewed such plans and find them to be in accordance with Town of Orchard Park specifications and necessary fees and securities have been submitted

NOW, THEREFORE, be it

Reg. Mtg. #12 Mtg. #13 6/17/92 Page 7

RESOLVED that the Town Board be and is hereby authorized to approve P.I.P. #218 pending the receipt of the necessary easement and insurance certificate as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

17) 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 all entries on Warrant #11 following auditing by members of the Town Board and in the funds indicated:

WARRANT #11

GENERAL FUND $ 20,733.80

PART TOWN FUND 519.35

HIGHWAY FUND 9,928.70

SPECIAL DISTRICTS FUND 121,776.65

TRUST & AGENCY FUND 1,916.26

CAPITAL FUND 24,187.50

COMMUNITY DEVELOPMENT FUND 52.03

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) 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 receive and file the communications as entered on the agenda:

1. Assemblyman Richard Keane - Acknowledgement of adopted resolution re: support of N.Y.S. Legislature Bills #A8451 and #S6087.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED. BUSINESS FROM THE FLOOR

1. Daniel & Constance Rogers, 120 East Abbott Grove - appeared before the Town Board seeking direction as to how to stop the illegal parking, trespassing, etc during the rock concerts at Rich Stadium. They do not park cars, but the people in the area do and it causes a lot of problems - 400 - 450 cars can generate a lot of people who make an awful lot of noise all day and night and urinate all over their property. A lengthy discussion was held with the Town Board who sympathized with the residents. Any means of controlling 60,000 - 80,000 people who converge on the Stadium area is almost an impossibility. It was determined that they should make an appointment with Chief Henning to talk about their problem.