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 18th day of March 1992 at 8:00 P.M. EST and there were

PRESENT AT ROLL CALL:

Dennis Mill	Supervisor
John Mills	Councilman
David Buyer	Councilman
Paul Barnas	Councilman
Betty Reukauf	Town Clerk
Leonard Berkowitz	Town Attorney
Robert Henning	Chief of Police
Michael Merritt	Town Engineer
Ronald Geitter	Highway Superintendent
Robert Sweet	Building Inspector

ABSENT: N. W. Ackerman Councilwoman vacation

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 input regarding the use of Federal Community Development Funds in the Town of Orchard Park.

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 reviewed the requirements to qualify for Federal Community Development Funds. A proposed project must meet at least one of the following national objectives:

- Benefit low and moderate income persons

- Correct slum and blight

- Meet an urgent community need

For a project to benefit low and moderate income persons it is required that at least 44.9% of the residents of the targeted area be at or below the criteria for the income Eligibility schedule.

Eligible Project Categories include:

- Acquisition of Real Property for a Project

- Public Facilities and Improvements

- Public Services

- Removal of Architectural Barriers

- Historic Preservation

- Commercial or Industrial Rehabilitation

- Special Economic Development

- Program Administration Costs

Suggested projects for Orchard Park which may qualify for funding include: PROJECT ESTIMATE

- Lakeview Ave. Pavement Restoration $ 55,000

- Burmon Recreation Area Improvement 30,000

- Windom Ave. Realignment and Rehabilitation 85,000

- Summit Ave. Rehabilitation 95,000

- California - Lake Avenue Ditch Rehabilitation 70,000

- Senior Citizens Activities Center 130,000

(rehabilitation of Town Hall Annex Building at

6524 East Quaker Street)

The Town has been very aggressive in pursuing funds available. HUD has recently changed the way funding is available to the different local governments. Before the change, governments were not able to get a larger grant and so they had to keep the funds for years until they had enough together to do a project. Now everyone, no matter how large or small are able to apply for full funding for a project and could receive a large grant.

Town Engineer Michael Merritt stated the Town has received $1,272,241.00 since 1976. There is a balance of $175,209.51 which includes $90,000.00 received last year which is earmarked for the Hillside Avenue rehabilitation.

The following persons spoke:

1. Mildred Goodenough, Past President and Tour Director of Hillcrest Senior Citizens; Senior Housing is very necessary as at least 10 Seniors a year have to move out of Town as they cannot afford to pay for regular housing.

2. John (Jonsie) Capriotto; Feel the East Quaker site should be sold as it needs new wiring even though the structure is excellent and build a new one. That building is too small to accommodate the number of Senior Citizens in this town.

Before the vote was taken Supervisor Mill explained to Mrs. Goodenough that Senior Housing is an entirely different project and funding. It is done through the County and he will be in touch with her to give her the areas of government that needs to be contacted.

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 citizens input regarding use of Federal Community Development Funds be and is hereby closed at 8:26 PM EST.

THE RESOLUTION WAS DULY ADOPTED.

Supervisor Mill stated all the information shall be reviewed and a decision shall be made as to the project(s) for which HUD Funds shall be applied.

Old Business #1 - K-Mart Store, Southwestern Blvd. - Temporary Display structure.

2) 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 the request from K-Mart Store, Southwestern Blvd., for a building permit for a temporary display structure for use until 7/31/92 and a Negative SEQRA Declaration as recommended by the Planning Board 3/11/92.

THE RESOLUTION WAS DULY ADOPTED.

Old Business #2 - Dr. A.Schlisserman, Southwestern Blvd. - Medical Office Facility._

3) 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 request from Dr. A. Schlisserman, 3151 Southwestern Blvd. for a building permit for a 5,600 sq.ft. Medical Office Facility with stipulations, a Negative SEQRA Declaration and $120.00 Landscape bond deposit as recommended by the Planning Board 3/11/92.

THE RESOLUTION WAS DULY ADOPTED.

Reg. Mtg. #6 Mtg. #7 3/18/92 Page 3

Old Business #3 - Contour Erection & Siding, Taylor Rd. - Rezone to Special Excpt.

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

WHEREAS, on 3/11/92 the Planning Board did review the request from Countour Erection and Siding Inc., 4370 Taylor Road for a Special Exception Use for a contracting business, and

WHEREAS, the Planning Board did address the following items:

1) Acknowledged correspondence from the Town Engineer stating that the drainage system and detention basin for this project are unacceptable as designed. The proposed basin will not detain any runoff and the area will not properly drain as presently designed.

2) Noted the Conservation Board has landscaping concerns as the proposed plan has not addressed landscaping.

3) Reiterated the problem of the outside storage of the cranes, trailers, et al. The Board advised Mr. Patton that, although the Town encourages businesses in Orchard Park, they must comply with the ordinance.

and,

WHEREAS, the Planning Board did recommend that the Town Board deny the Special Exception Use to Contour Erection and Siding, Inc. at ₄₃₇₀South Taylor Road, based upon plans received March 4, 1992 for the following reasons:

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 I—1 zone).

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 4/15/92 at 8:00 PM EDT as requested by Contour Erection and Siding Inc., 4370 South Taylor Road to rezone property from I-1 to I-1 Special Exception Use designation for a contracting business, and be it further

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

THE RESOLUTION WAS DULY ADOPTED.

Old Business #4 - Zaepfel-Krog, vacant land Cobham Dr. - Manufacturing Facility.

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 request from Zaepfel-Krog Corp., vacant land on south side of Cobham Drive, east of Sti-Co site for a building permit for a 23,417 sq.ft. manufacturing facility, a Negative SEQRA Declaration and a $75.00 landscape bond deposit as recommended by the Planning Board

3/11/92.

THE RESOLUTION WAS DULY ADOPTED.

Old Business #5 (not on agenda) - Eagle Heights-West, Dedication of Recreation Land.

6) 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 accept dedication to 23.18 acres of open space from the developer of Eagle Heights-West Subdivision for passive recreation use, and be it further

RESOLVED that the Town Attorney be authorized to file said deed for this land.

THE RESOLUTION WAS DULY ADOPTED.

New Business #1 - Summer Recreation Staff appointments.

7) 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 appointments to the 1992 Summer Recreation Staff as recommended by the Recreation Director:

NAME ADDRESS POSITION RATE HRS

Michal Workman 90 Fox Meadow Grd. $4.50 30

Kirsten Beris 100 S. Meadow Grd. $4.50 30

Sue Hess 4 Tanglewood D/C Dir. $5.20 30

THE RESOLUTION WAS DULY ADOPTED.

New Business #2 -Town of Hamburg - Purchase of Joint Water District property.

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

WHEREAS, the Town of Hamburg and Orchard Park have recently cooperated in the dismantling and removal of the Gerber Water Storage Tank, owned by the Hamburg/Orchard Park Joint Water District and located adjacent to the Parker Road Playground in the Town of Hamburg; and

WHEREAS, the water tank property (S.B.L. No. 171.04-1-11) has been declared by the Joint Water District as surplus and offered for sale; and

WHEREAS, this 100 ft. by 100 ft. property is landlocked by the playground property and too small to be a buildable lot, and no purchase offers have been received to date for such; and

WHEREAS, this property would be beneficial to the Town of Hamburg for incorporation into the surrounding playground property, and this playground is also frequently used by nearby residents from Orchard Park, and

WHEREAS, the Town of Hamburg has offered the nominal sum of one ($1.00) dollar to the Joint Water District for the purchase of this property

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to prepare the necessary legal documents to convey said 100' x 100' parcel of land to the Town of Hamburg for the nominal sum of one ($1.00) Dollar as recommended by the Town Attorney.

THE RESOLUTION WAS DULY ADOPTED.

New Business # 3 - E.C. Stop DWI "Life Saver Patrols" / O.P. Police Dept.

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

WHEREAS, the Town of Orchard Park recognizes the importance of removing drunken drivers from our highways to reduce the number of deaths and injuries for all of our citizens; and

WHEREAS, the Town of Orchard Park contracts with, participates in, and receives revenue under the STOP-DWI Program to reduce drunk driving; and

WHEREAS, THE STOP-DWI Program throughout Erie County will initiate the "Life Saver Patrols" Program to target the enforcement of driving while intoxicated statutes with sobriety check points throughout the County of Erie; now therefore be it

RESOLVED, that the Town Board of the Town of Orchard Park hereby authorizes the Chief of Police to assign personnel to this enforcement program. as recommended by Police Chief Henning.

Before the vole was taken, Police chief Henning stated this program is very effective in the area of drinking drivers.

THE RESOLUTION WAS DULY ADOPTED.

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 adopt the following amendment to the Procurement Policy Resolution adopted 1/15/92 as recommended by the Town Attorney:

Guideline 7 shall read:

Guideline 7. Notwithstanding the above referenced provisions of this Procurement Policy, repairs for collision damage to any Town owned vehicles shall not be completed until
at least three (3) written estimates are secured. Automobile

collision damage shall be repaired by the party submitting the

Reg. Mtg. #6 Mtg. #7 3/18/92 Page 6

lowest estimate. Notwithstanding the above referenced provisions of this procurement policy, repairs for collision damage to any Town owed vehicle, in an amount exceeding $500.00, shall not be completed until at least three written estimates are secured.

Guideline 8 shall read:

Guideline 8. This policy shall be reviewed annually by the Board at its organizational meeting or as soon thereafter as is reasonably practicable.

THE RESOLUTION WAS DULY ADOPTED.

Supervisor Mill reported Orchard Park is still on the schedule for Eric County to have overlay work done on Armor Road (Abbott to Duerr Road) and on Powers Road (Armor to Chestnut Ridge).

Councilman Barnas asked the Highway Superintendent if any overlay on these roads will not be a waste of taxpayers money.

Highway Superintendent Geitter stated what ever they do to improve these roads will be better than nothing. He feels both roads need to be rebuilt but they are very dangerous highways and have no shoulders.

11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, 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 4/15/92 at 8:00 PM EDT in the matter of an amendment to the Code of the Town of Orchard Park which amendment provides as follows:

Chapter 124-2

No exemption: shall be granted under the provisions of this article unless the following conditions are met:

A. Income of Owner

(1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from the general town tax in accordance with the following table:

Percentage Valuation Annual Income Exempt from Taxation

Income up to 15,000 50%

15,000 to 15,600 45%

15,600 to 16,200 40%

16,200 to 16,800 35%

16,800 to 17,400 30%

17,400 to 18,000 25%

18,000 to 18,600 20%

18,600 to 19,200 15%

19,200 to 19,800 10%

This Ordinance shall effect the tax rolls as of June 1, 1992.

and be it further

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

THE RESOLUTION WAS DULY ADOPTED.

12) 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 #5 following auditing by members of the Town Board and in the funds indicated:

WARRANT #5

GENERAL FUND $ 11,196.26

PART TOWN FUND 246.81

HIGHWAY FUND 22,008.31

SPECIAL DISTRICTS FUND 121,151.27

TRUST & AGENCY FUND 138,503.28

CAPITAL FUND 218.21

THE RESOLUTION WAS DULY ADOPTED.

13) 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 communications as entered on the agenda;

1. Town of Grand Island] Adopted resolution requesting the County of Erie to release

Town of Amherst ] the monies for County Youth Service and Recreation to Erie

County Municipal Governments.

and also:

Town of Alden] Adopted resolution requesting the County of Erie to release the monies

for County Youth Service and Recreation to Erie County Municipal Governments

THE RESOLUTION WAS DULY ADOPTED.

14) 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 reports as entered on the agenda:

1. Councilman Mills ] Report on attendance at Association of Towns Meeting in Town Attorney ] New York City.

Reg. Mtg. #6 Mtg. #7 3/18/92 Page 8

THE RESOLUTION WAS DULY ADOPTED.

BUSINESS FROM THE FLOOR

Mrs. Paul Robel, 11395 HiView Court, Marilla, N.Y. - She stated she had sent a letter to the Town Board in care of the Town Clerk two weeks ago explaining her desire to build at the end of Hodson Road, house #113, and the problems she is having obtaining water in Orchard Park Water District #1, which water main stops short of the proposed building lot. She also understands that it is necessary to have a hydrant installed at her expense of about $2,000.00. She is willing to pay the expense to extend the waterline but does not feel they should have to pay for the installation of a hydrant.

Donald Beckedorf, 39 Hodson Road - stated when the road was put in a hydrant was installed and sometime later the Town removed it. Mr. Knocke has told him this and if they would like, he will have Mr. Knocke call them.

Town Engineer Merritt stated his review of the District does not show the placement of a hydrant. However, he certainly will review all documents very carefully again.

A lengthy discussion was held by Mr. & Mrs. Robel, the Town Board, Highway Superintendent, and Town Engineer. Many items were discussed such as waterline extension, installation of hydrant, need for continuation of turn around for the town trucks and snow plows etc.

Town Engineer Merritt stated the owners of the property should have resolved these problems, but now the Robels are caught in the middle. He has spent many hours trying to find an answer to what he called a "nightmare problem".

It was decided further review of the property and discussion with Mr. & Mrs. Robel was necessary.

Highway Superintendent Geitter suggested the Town Board review and change the ordinance applying to building off the end of a street but to exclude this property from the change.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:28 PM EST with a moment of silent prayer for our servicemen still stationed in the far east.

Text Box: Betty K. Reukauf
Town clerk Respectfully submitted,