Reg. Mtg. #18 Mtg. #19 9/16/92 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 September, 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. C. Henning Chief of Police

R. A. Geitter Supt. of Highways

ABSENT:

R. W. Sweet Building Inspector

M. R. Merritt Town Engineer

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

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 approval of the application for Conservation Easement at 6524 Bunting Road containing approximately 28.4± acres as petitioned by Gayle and Sarah Thelen, 6552 Bunting Road.

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

Frank Newton, 6463 Bunting Road - Reviewed for the audience the boundaries of the property.

Harold Fabinsky, 37 Bender Drive

Alex Nicoloff, 6907 Cole Road - Undecided if for or against. Requested who will pay for the tax relief and what penalty clauses exist?

Supervisor Mill explained the laws of the Conservation Easement.

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of the Conservation Easement at 6524 Bunting Road be and is hereby closed at 8:16 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill stated the Town Board shall review all comments and make a decision in the very near future.

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 Local Law #3-1992, which Local Law provides as follows:

§ 144-42 of the Orchard Park Zoning Ordinances are hereby amended by this Local Law to provide as follows:

§ 144-42. Yard Regulations.

B. Lot frontage on street. No dwelling shall be erected on any lot which does not have immediate exclusive access measuring a minimum of thirty (30) feet along and contiguous with a dedicated street or highway length, and provided further that said access shall be in accordance with § 280-a of the Town Law. For purposes of this local law the stub end of a street shall not be considered a portion of the street or highway length.

To the extent that this local law conflicts with § 280-a of the Town Law, § 280-a is specifically superseded.

Town Attorney Berkowitz reviewed the reasons for the proposed Local Law, including problems that have occurred with construction at the stub end of a street.

PROPONENTS

No one spoke.

OPPONENTS

No one spoke.

2) 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 Local Law regarding Yard Regulations be and is hereby closed at 8:21 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill stated the Board shall review all pertinent information and render a decision in the very near future.

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 Local Law #4-1992, which Local Law provides as follows:

PROPOSED LOCAL LAW

Amendments to

§58-3 and §58-10 of the Code of Ordinances

of the Town of Orchard Park

Reg. Mtg. #18 Mtg. #19 9/16/92 Page 3

§ 58-3. Impoundment fees; redemption.

A. Any dog, identified or unidentified, found to be at large and seized pursuant to the provisions of this chapter shall be held and cared for by the town and redeemed by the owner or disposed of pursuant to the provisions of § 118 of the Agriculture and Markets Law of the State of New York. The dog may be redeemed by the owner if the owner pays the following impoundment fees.

(1) Fifteen dollars ($15.) for the first twenty-four (24) hours or part thereof and four dollars ($4.) for each additional twenty-four (24) hours or part thereof for the first impoundment of any dog owned by that person.

(2) Twenty-five dollars ($25.) for the first twenty-four (24) hours or part thereof and four dollars ($4.) for each additional twenty-four (24) hours or part thereof for the second impoundment within one (1) year of the first impoundment of any dog owned by that person.

(3) Forty dollars ($40.) for the twenty-four (24) hours or part thereof and four dollars ($4.) for each additional twenty-four (24) hours or part thereof for the third and subsequent impoundment within one (1) year of the first impoundment of any dog owned by that person.

B. The seizure of any dog shall not relieve any person from any penalty provided for by § 58-4 of this chapter or § 119 of the Agriculture and Markets Law of the State of New York.

§ 58-10 License fee.

Pursuant to § 110 (4) of Article 7 of the Agricultural and Markets Law of the State of New York, an annual dog license fee of five dollars ($5.) for each dog license issued by the Town of Orchard Park, New York, under § 109(1) of the Agriculture and Markets Law will be added to the fees established by S 110 (1) of the Agriculture and Markets Law. This annual dog license fee shall be charged for all licenses becoming effect on or after January 1, 1993.

This local law shall repeal and replace Subdivisions A and B of § 58-3 of the Code of Ordinances of the Town of Orchard Park. This local law shall take effect upon its filing with the Secretary of State.

Town Attorney Leonard Berkowitz reviewed for the audience the proposed adjustments to the present Dog Law.

PROPONENTS

No one spoke.

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of the Local Law regarding the Dog Law be and is hereby closed at 8:25 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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 adopt Local Law #4-1992, which Local Law provides as follows:

§ 58-3. Impoundment fees; redemption.

A. Any dog, identified or unidentified, found to be at large and seized pursuant to the provisions of this chapter shall be held and cared for by the town and redeemed by the owner or disposed of pursuant to the provisions of S 118 of the Agriculture and Markets Law of the State of New York. The dog may be redeemed by the owner if the owner pays the following impoundment fees.

B. The seizure of any dog shall not relieve any person from any penalty provided for by § 58-4 of this chapter or S 119 of the Agriculture and Markets Law of the State of New York.

§ 58-10 License fee.

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 amendments provide as follows:

§ 144-5. Terms defined.

To be added:

Private Recreation Area - An area which is owned and operated by members of a private club or association. The membership of the entity which owns the private recreation area shall be prohibited from conducting profit making activities.

§ 144-11.1 Churches and other houses of worship.

H. Garbage pickup areas shall comply with the provisions of § 144-25, General screening regulation.

The current Section 144-25 C. shall be designated § 144-25 D. and a new Section C. shall be added as follows:

C. Garbage pickup areas. Garbage dumpsters shall be enclosed by a substantial and solid fence or suitable opaque structure, with movable openings only for ingress and egress. The fence
or structure shall be at least eight (8) feet in height as measured from the final dumpster grade height or two (2) feet above the garbage dumpster top, which ever is greater. The fence or structure shall be kept in good order and repair. Garbage pickup areas shall be located so as not to interfere with parking.

§ 144-32. Miscellaneous uses.

To be added:

E. Private Recreation Areas Regulations.

(1) Minimum acreage. A private recreation area shall encompass
an area of at least five (5) acres.

(2) Required parking facilities. A recreation area shall require one parking space for each two memberships.

(3) Buffer strip. A buffer strip area of not less than twenty (20) feet in width shall be provided along all lot lines of a recreation area and such buffer strip shall include the following.

(a) The buffer strip shall be landscaped with evergreen shrubs and trees. Except along a lot line which adjoins a public highway, street or right-of-way a screening fence not less than six (6) feet in height shall be installed if, in the judgment of the Planning Board, the safety and welfare of the adjoining land owners will be promoted by such installation.

(b) Whenever a development in a recreation area adjoins a public highway, street or right of way, a screening fence of three (3) feet in height shall be installed on a line parallel to the public

highway, street or right-of-way.

(4) Pursuant to Section 144-43 (Special Uses), any application for a building permit or a certificate of occupancy for a private recreation area shall be submitted to the Town Board for special consideration and approval before such permit or certificate is issued.

§ 144-43. Special exceptions.

§ 144-43-A. The following sentence shall be added: The application shall be submitted by the owner of the property.

§ 144-43-C. Action by Planning Board. The Planning Board shall approve, with modifications or disapprove such application and shall report its decision within sixty (60) days to the Town Board, stating its reasons based on the following:

(9) The Health and safety of the residents
or workers on adjacent properties and in the general neighborhood.

(10) Lot areas, type of construction, fire hazards, offensive odors, smoke, fumes, noise and light.

The number of §144-43-C.(9) shall be changed to §144-43-C.(11).

§ 144-43-E. & S 144-63-E.(1)(b):

Shall be amended to state that notices referred to in those sections shall be provided to all property owners within five hundred (500) feet of the nearest property line of the property for which a special exception use or a variance is sought rather than the existing two hundred (200) feet.

§ 144-43-G. New Section: Special Permit Expiration. A permit for a special exception use granted by the Town Board shall be deemed to authorize only one (1) particular use and shall have expired unless a building permit shall have been issued within thirty (30) months after the Town Board has granted a special permit.

§ 144-45 B. Standards and general requirements of cluster development.

(5) Recreational land or funds. Pursuant to § 277 of the Town Law of New York State, the Town and Planning Boards may require, as a condition of approval of the cluster development, that an open land area equal to at least nine percent (9%) of the total area included in the cluster development be conveyed to the town for playground or other recreational purposes or, alternatively, be retained as common property, as defined herein, held by an organization established by the landowner for the ownership and maintenance of common property and utilized by such organization for recreational purposes.

Reg. Mtg. #18 Mtg. #19 9/16/92 Page 7

In lieu of the foregoing dedication of land to recreational purposes, the Town and Planning Boards may, in their discretion, permit the landowner, as a condition of approval of the cluster development, to pay the town an amount equal to three hundred dollars ($300.) for each lot in a cluster development located in an R-3 and R-4 Zone, five hundred dollars ($500.00) for each lot in a cluster development located in an R-1 Zone, four hundred dollars ($400.00) for each lot in a cluster development located in an R-2 Zone and one thousand dollars ($1,000.00) for each lot in a cluster development located in an A-1 Zone, which amount shall be available for use by the town for neighborhood park, playground or recreation purposes, including the acquisition of property. Additionally, the Town and Planning Boards may require as much as ten percent (10%) of the total common property to be maintained in the form of suitably equipped play area.

§ 144-45 B. Standards and general requirements of cluster development.

(10) (Replace paragraph as follows:)

Parking shall comply with the provisions of § 144-29, Automotive facilities; parking

§ 144-46. Multiple dwellings and townhouses.

§ 144-46-C. General Standards.

(3) Parking. (The first two sentences of this section shall be deleted and the following shall be added:)

Parking shall comply with the provisions of S 144-29, Automotive facilities; parking.

§ 144-46 C. (9) Miscellaneous.

(a) Garbage pickup areas shall comply with the provisions of § 144-25, General screening regulation.

§ 144-48 E. Residential density and standard. (3) (Replace paragraph as follows:)

Parking shall comply with the provisions of §144-29, Automotive facilities; parking

Reg. Mtg. #18 Mtg. #19 9/16/92 Page 8

PROPOSED AMENDMENTS TO

ZONING FEE

The schedule of Zoning fees is hereby repealed and the following schedule of Zoning Fees is hereby adopted:

A. Building permit fees.

(1) The fee for a building permit shall be as follows;

One-family or two-family house (all work)

Up to 1,000 square feet of floor

area ............................................ $ 40.00

Over 1,000 square feet and up to 2,000 square fee of floor

area ............................................. $100.00

Over 2,000 square feet of floor

area $150.00
NOTE: "Floor area" shall not include cellar, nonhabitable basement, nonhabitable attic or carport but shall include an accessory garage. Floor area shall be based upon outside dimensions of the building.

Multiple dwellings (all work)

First 30,000 cubic feet of

volume .......................................... $150.00
Each 1,000 cubic feet between

30,000 and 50,000 cubic feet $ 4.00
Each 1,000 cubic feet over 50,000 cubic feet $ 3.00

NOTE: "Volume" shall include

basement, cellar and subcellar

but shall not include a crawl

space or attic space no part

of which exceeds five (5) feet in

height. Volume shall be based

upon outside dimensions of the

building.

Building of nonresidential occupancy (all work)

Up to 10,000 cubic feet

of volume ....................................... $ 50.00

First 10,000 cubic feet of volume . $100.00 Each 1,000 cubic feet between 10,000 and 50,000 cubic feet. $4.00

Of Each 1,000 cubic feet over

50,000 cubic feet.................................. $ 2.00

NOTE; The permit fee fora building occupied in part for residential use and in part for nonresidential use shall be the sum of the two (2) occupancy fees calculated separately. "Volume" shall include basement, cellar and sub cellar but shall not include a crawl space or an attic space no part of which exceeds five (5) feet in height. Volume shall be based upon out-side dimensions of the building.

Reg. Mtg. #18 Mtg. #19 9/16/92 Page 9

Structural alterations, additions,

private accessory structures or

demolitions (all work)

Cost of work

Up to $500 .................... $ 3.00

Over $500 up to $1,000......................... $ 10.00

Each $1,000 over $1,000 $ 3.00

Maximum Fee ................................... $ 75.00

Demolition .................................... $ 10.00

Certificate of occupancy for

change in use

For building or structure costing

up to $20,000 $ 20.00

For building or structure costing over $20,000

and up to $40,000 .................... $ 25.00

For building or structure costing

over $40,000 and up to $100,000 $ 30.00

For building or structure costing over

$100,000 for each $50,000 thereof $10.00

Signs (where permitted)

[Amended 1-2-1991]

All signs $20.00 plus

$1.00 per face square foot of sign

Relocating signs on same

premises ............................................ $ 20.00

Alterations of signs.................................... $ 20.00

Liquid containers (where permitted) (capacity in gallons)

550 or less ............................................ $ 30.00

551 to 1,000 ........................................... $ 50.00

1,001 to 2,000 ......................................... $ 70.00

2,001 to 3,000 ........................................ $ 80.00

Over 3,000 ................................... $20.00 plus, 2.00

per 1,000 gallons

or fraction thereof

in excess of 3,000 gallons

Removing liquid containers.............................. $ 35.00

Moving buildings

On or across a public thoroughfare $300.00

Not exceeding 10 feet in width,

20 feet in length and 10 feet

in height on vehicle over a

public thoroughfare $100.00

From one lot to another without moving

onto a public thoroughfare $50.00 plus $3.00

per 1,000 cubic feet of new construction

Lot to another location on the

same lot $20.00, plus $2.00

feet of new construction

(2) If any person erects, constructs, alters or moves, or commences to erect, construct, alter or move, any building or structure within the Town of Orchard Park without first having obtained a building permit as required by § 144-64 of this chapter, the fee required by this subsection shall be twice the applicable amount. Any fee charged pursuant to this subsection shall be in addition to any other remedy provided by law.

B. Zoning Board of Appeals application or appeal, Applications for variance or appeals to the Zoning Board of Appeals shall be accompanied by a fee of thirty-five dollars ($35.), payable to the Town of Orchard Park.

The following sections of the Schedule of Zoning Fees shall remain as presently set forth in the Ordinance:

C. Zoning amendment or change petition.

D. Applications for approval of plans for subdivision development.

E. Moneys from subdividers in lieu of recreation land.

The following section of the Schedule of Zoning Fees shall be added:

F. Commercial parking lot fee.

(1) Operators of commerical parking lots shall be

obligated to pay an annual fee of twenty-five dollars ($25.). Each permit shall be issued for a period commencing June 30 and terminating on July 1 of the following year.

Amendments to Schedule of Use Controls

A-1 Agricultural

Delete from the Special Exception Uses category: hospital, sanatorium, nursing or convalescent home, medical office building

Add to the Special Exception Uses category: Tennis court

Add to the Permitted Principal Uses category: Cluster development

Amendments to Schedule of Use Controls

B-1 Commercial

Add to the Special Exception Uses category: hospital, sanatorium, nursing or convalescent home, medical office building

Delete from the Special Exception Uses category: Single businesses

Admendments to Schedule of Use Controls

B-2 Commercial

Delete from the Permitted Principal Uses category: Municipal or similar public building for the protection or servicing of the community

Add to the Permitted Principal Uses category: Hospital, sanatorium, nursing or convalescent home

Admendments to Schedule of Use Controls

B-3 Commercial

Delete from the Permitted Principal Uses category: Municipal or similar public building for the protection or servicing of the community, Nursery businesses

Add to the Permitted Principal Uses category: Hospital, sanatorium, nursing or convalescent home

Admendments to Schedule of Use Controls

D-R Development and Research

Delete from the Permitted Principal Uses category: Municipal or similar public building for the protection or servicing of the community

Amendments to Schedule of Use Controls

I-1 Industrial

Add to the Permitted Principal Uses category; Hospital,

sanatorium, nursing or convalescent home; Businesses and professional offices, including medical

Delete from the Permitted Principal Uses category: Single businesses

Amendments to Schedule of Use Controls

R-1 Residential

Delete from the Special Exceptions Uses category: Hospital, sanatorium, nursing or convalescent home, medical office building; Retail nurseries

The word Tennis courts shall be changed to Tennis court

Amendments to Schedule of Use Controls

R-2 Residential

Delete from the Special Exceptions Uses category: Hospital, sanatorium, nursing or convalescent home, medical office building; Retail nurseries

The word Tennis courts shall be changed to Tennis court

Amendments to Schedule of Use Controls

R-3 Residential

Delete from the Special Exceptions Uses category: Hospital, sanatorium, nursing or convalescent home, medical office building; Retail nurseries

The word Tennis courts shall be changed to Tennis court

Amendments to Schedule of Use Controls

R-4 Residential

Delete from the Special Exceptions Uses category: Hospital, sanatorium, nursing or convalescent home, medical office building; Retail nurseries

Add to the Special Exception Uses category: Private recreation club

The word Tennis courts shall be changed to Tennis court

** Amendments or modifications to the Town of Orchard Park Ordinances are underlined.

PROPONENTS

No one spoke.

OPPONENTS

1. Joseph Ippolito, Contractor - Proposed new Section 144-43 G providing for expiration of Special Exception Use if a building permit has not been issued within 30 months after the granting of the Special Permit is very questionable. He has been trying to get his Webster Road Project approved by all the different agencies since 1985 and has spent more than one million dollars and still is not set to proceed. He feels an extension should be permitted if application is made with explanation to the Board for another 30 months.

2. Supervisor Mill read statements from the League of Women Voters and Mr. and Mrs. James Cudney, 5991 Scherff Road in opposition to the open space requirements. These statements are attached to these minutes.

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

RESOLVED that the Public Hearing in the matter of the Zoning Ordinance Amendments be and is hereby closed at 8:40 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill stated the Board shall review all comments and information from the Public Hearing, discuss it with the Ad Hoc Committee and bring this matter back in the near future.

Old Business #1 - H. Lubkowski, California & Summit property rezoning.

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 schedule a Public Hearing on 10/7/92 at 8:00 P.M. EDT to rezone property from B-2 to R-3 located at the corner of California Road and Summit Avenue for construction of a double house as petitioned by Henry Lubkowski, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - W.N.Y. Catholic Long Term Care, Chestnut Ridge Rd. - Health Facility.

No action was taken on this item as a number of questions had to be reviewed and shall be back for a decision in the very near future.

Old Business #3 - D. Turkovich, N. Buffalo Rd. - addition to present facility.

7) 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 David Turkovich, 3848/3846 North Buffalo Road for a building permit for a 300 sq.ft. addition to the present facility with the following stipulations as recommended by the Planning Board 9/9/92:

1. Entrance and exit signs will be installed for the one way driveways.

2. In accordance with Section 144-44 C (1) (a) of the Town Zoning Ordinance, a

certified check in the amount of $150.00 (15% of the estimated cost of completion of all landscaping) shall be deposited with the Town Clerk upon approval by the Town Board.

3. The parking lot and building security lighting will be flathead fixtures for downward lighting.

4. This is an unlisted action, and a Negative SEQRA Declaration is recommended based upon the submitted short EAF.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - Eckl's Restaurant, Ellicott Rd. dining room area expansion.

No formal action was taken on this item as it has come to the attention of the Board that a property line is in dispute. A petition was filed in opposition to the issuing of a building permit for Eckl's Restaurant. This shall be brought back for a decision at a later date.

New Business #1 - V.F.W. Orchard Park Post #6247 Poppy Sale

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 request from the V.F.W. Orchard Park Post #6247 to sell "V.F.W. Poppies" on 11/7/92 in Orchard Park.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Board of Assessment Review appointment.

9) 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 appointment of Thomas Lewandowski, 10 Concord Drive, Orchard Park as a member of the Board of Assessment Review effective 10/1/92 - 9/30/97.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #18 Mtg. #19 9/16/92 Page 14

New Business #3 - Recreation Staff appointments.

10) 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 following resident appointments to the 1992-1993 Fall/Winter/Spring Recreation Staff as recommended by the Recreation Director:

NAME ADDRESS POS RATE HR

Erin Jusiak 4480 Duerr Rd. Grd. $5.00 –

Doug Tonucci 52 Old Orchard Grd. $5.00 -

Diane Jahnke 50 Summit Ave. Grd. $5.00 –

Chris Mroczka 130 Tanglewood Grd. $5.00 -

Mara Mariani 8 Pinewood Dr. Grd. $5.00 -

Megan Bonner 11 Fir Top Grd. $5.00 -

Sue Wiencek 15 6344 Milestrip Dir/Swim $6.00 -

Paul Kostelny 6640 Webster Rd. Dir.B/B $5.00 -

Lisa Couell 6362 Armor Rd. Dir. $5.00 –

John Shanahan 5936 Benning Rd. Super $7.00 –

Linda Repp 49 Briar Hill Rd. Dir. $5.00 –

Molly Horgan 6 Timberlake Dr. Grd. $5.00 –

Kevin Jewell 8 Thomaston Ln. Sub/Grd. $5.00 –

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 (not on agenda)-Approval of Public Improvement Permit # 222.

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

WHEREAS, the Town has received an application from Timothy Shiley for 220 linear foot extension of the waterline on Wildwood Lane in Orchard Park Water District #17 as the applicant plans to build a new home at the end of this stub street and the property does not have access to the Town's waterline, and

WHEREAS, the plans have been reviewed and found to be in accordance with Town of Orchard Park specifications and necessary fees and securities have been submitted

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the application for P.I.P. #222 pending the receipt of the corrected Insurance Certificate as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a bid opening on 10/6/92 at 11:00 A.M. EDT to provide trees for replacement as recommended by the Highway Superintendent.

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

WHEREAS, Erie County's three year snow plowing contract with the Town expires on September 1, 1992, and

WHEREAS, a committee of Town Highway Superintendents from Erie County have been trying to negotiate a new contract and the County has made no effort to begin negotiations, and

WHEREAS, under the expired three year contract the Towns received $1,300.00/lane mile for snow removal, and

WHEREAS, Orchard Park Town Officials believe the cost to maintain County roads is about $1,800.00±/lane mile and the Town of Orchard Park maintains approximately 43 lane miles of County roads, and

WHEREAS, to maintain County roads without a contract and/or liability insurance, which was always included in previous contracts, would not be feasible for the Town of Orchard Park

NOW, THEREFORE, Be it

RESOLVED that the Town Board be and is hereby authorized to notify Erie County Executive Dennis T. Gorski that the Town of Orchard Park, effective immediately, goes on record that they shall not plow or maintain the 43± lane miles of County roads this winter without a signed contract with the County of Erie, as recommended by the Town of Orchard Park Highway Superintendent Ronald A. Geitter.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to execute the Lease Management Agreement with the Erie County Water Authority pursuant to Section 198 of the Town Law of the State of New York, whereby the Authority will lease, maintain and operate the facilities of the Orchard Park Water Districts Nos. 2,6,8,10,11,12,13,14,15,17,18,19 together with all extensions thereof, and supply water service to its customers under the terms and conditions of the agreement, effective 8/20/92 for a period of five (5) years from its effective date, subject to a permissive referendum.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Text Box: Reg. Mtg. #18 Mtg. #19 9/16/92 Page 16 Supervisor Mill stated after much discussion and long negotiations, the Erie County Water Authority finally accepted the fact that maintenance and painting of water tanks (inside and out) is under the term in the contract as "repair". Orchard Park has located within its boundaries, 7 of the 12 tanks covered by Erie County Water Authority and this was a victory for the Town as it is a very expensive item.

Supervisor Mill reported he is very opposed to the 12% increase in water rates, $11.00 rental fee increase for every hydrant in a water district, a new summer surcharge and many other increases adopted by the Erie County Water Authority. In 1991 a 7% increase was adopted.

Councilman Barnas suggested a letter from the Town Board be sent to Erie County Water Authority notifying them of the Town's opposition and concerns to the increases. Superintendent of Highways Ronald Geitter reported the fountain at Green Lake was officially turned over to the Town this week. It was a community effort and he is proud and grateful that he was part of the project.

Supervisor Mill stated the Community will enjoy the beauty of the fountain for many years and he has received many favorable comments.

Councilwoman Ackerman reported that she and Councilman Buyer met with the Library Board to decide which one of the three (3) available options for lighting the Library parking lot, once the expansion is completed, would be most beneficial to the Town and to the Library. Option 2 was decided upon by the Town Board and the Library Board.

This option (#2) calls for the installation of two (2) 250 watt HPS floodlights on existing poles as in option 1, but the annual charge would be paid by the Library rather than the Town-wide Consolidated Lighting District. This would require the Library to enter into a contract with New York State Electric & Gas Corp. under their Safeguard program to provide and maintain the lights at a cost of $39.60 a month ($475.20 annually). It is estimated that the Library pays approximately $190.00 annually in electric charges to operate the 4 existing 100 watt HPS post top lamps which will be removed. Under this agreement, N.Y.S.E.G. would be responsible for all installation, maintenance and repair costs. There would be no cost whatsoever to the Town.

15) 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 extend the time for Lead Agency for the Orchard Park Commerce Center Joint Venture for accept the D.E.I.S. and require a final Environmental Impact Statement to October 7, 1992 as recommended by the Town Attorney.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.