1995 11th Town Board Meeting for the Town of Orchard Park, Erie County, State of New York

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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 7th day of June, 1995 at 8:00 P.M. EDT and the Pledge of Allegiance was rendered.

The meeting was called to order by the Supervisor and there were

Dennis J. Mill

John J. Mills

Paul D. Barnas

David M. Buyer

Nancy W. Ackerman

Janis A. Colarusso

Leonard Berkowitz

Robert C. Henning

Michael R. Merritt

Supervisor

Councilman

Councilwoman

Town Clerk

Town Attorney

Chief of Police

Town Engineer

PRESENT AT ROLL CALL:

Ronald A. Geitter

Supt. of Highways

ABSENT:

1) 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 5/3/95, 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.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnas x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 ‑ Orchard Park Commerce Center ‑ SEOR Findings.

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

WHEREAS, the Town Board of the Town of Orchard Park as Lead Agency. in connection with the application for rezoning of a 153 acre parcel of land bound by Lake Avenue to the north, Southwestern Boulevard to the east, Milestrip Aoad to the south and U.S. Route 219 to the west, made a positive declaration in * connection with its evaluation of this project pursuant to the State Environmental Quality Review Act, and

WHEREAS, a final Environmental Impact Statement has been submitted by the Developer, Orchard Park Commerce Center Joint Venture, and such environmental impact statement has been reviewed by the Orchard Park Towr Board

NOW, THEREFORE, be it

RESOLVE, that the Findings Statement prepared to Article 8 (State Environmental Quality Review Act ‑ SEQRA) of the Environmental Conservation Law and 6 New York Code Rules & Regulations Part 617 is hereby adopted by this Town Board.

Aye Nay

D.J. Mill x

J.J. Mills X

P.D. Barnas x

D. M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 ‑ Orchard Park Commerce Center/Rezoning Adoption.

3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS WHO MOVED 1 ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

WHEREAS, the following due and timely notice, a public hearing relating to the matter of an amendment of Zoning Ordinance of the Town of Orchard Park, was conducted at the Municipal Building, S4295 South Buff Street, Orchard Park, New York on the 17th day of August, 1994 at which time all interested parties were given opportunity to be heard, which amendment provides as follows:

to rezone approximately 153 acres of vacant land north of Milestrip Road, east of Rt. 2.'.9 and south of Lake Avenue from R‑3 and B‑1 to 1‑1 for the development of a business/commerce park as petitioner; by toe Orchard 1 Commerce Center.

WHEREAS, no recommendation from the Erie County Department of Planning, pursuant to Section 239‑m of t

General Municipal Law was received and filed by the Town Board, and

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed by the Town Boai and

WHEREAS, the Town Board has adopted findings pursuant to the State Environmental Quality Review Ac:

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park I and are hereby amended by rezoning vacant land north of Milestrip Road, east of Rt. 219 and south of Lake Avenue from R‑3 and BI to I‑1 all tract or parcel of land bounded and described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the "_' own of Orchard Park, County of E‑.ie and State c New York, being part of Lot No. 18, Township 10, Range 7 of the Buffalo Creek Reservation, described as follow;

BEGINNING, (R3 to 11), at the intersection of the east line of said Lot No. 27 with the south line of Lake Ave as established by conveyance to the County of Erie by deed recorded in the Erie County Clerk's Office June 29, 1' in Liber 7701 of Deeds, page 169, which point of beginning is forty (40.00) feet south of the northeast corner of N„., Lot No. 27, as measured along the east line of said Lot No. 27: thence westerly along the said south line of Lake Avenue so established as aforesaid, which line is parallel to the north line of said Lot No. 27, a distance of on, hundred (100.00) feet to a point on the easterly line of lands conveyed to Ben‑Jay Enterprises Ins., by deed recorded in the Erie County Clerk's Office January 19, 1973 in Liber 8007 of Deeds, page 250: thence southerly along the easterly line of said lands so conveyed to Ben‑Jay Enterprises Inc., and parallel to the east line of Lot No. 27 two hundred fifty (250.00) feet to the southeasterly corner of said lands: thence westerly along the southerly line of saic lands so conveyed to Ben‑Jay Enterprises Ins., and parallel to the south line of Lake Avenue eight hundred (800.00) feet to the southwesterly corner of said lands: thence northerly along the westerly line of said lands so conveyed to Ben‑Jay Enterprises Ins., and parallel to the east line of Lot No. 27 two hundred fifty (250.00) feet to a point on the said south line of Lake Avenue so established as aforesaid: thence westerly along the said south line of Lake Avenue so established as aforesaid, sixty seven and seventy nine hundredths (67.79) feet to a point on.the southeasterly line of lands appropriated by the State of New York for the Southern Expressway, Section 1 Parcel 149 map No. 105, Notice of Appropriation of Lands dated and recorded July 12, 1968 in Erie Covnty Clerk's Office in Liber 7500 of Deeds, page 311, map and legal description filed in said Clerk's Office July 12, 1968: Thence southwesterly along said southeasterly line of said Parcel 149 map No. 105 a distance of fifty and eighty three hundredths (50.83) feet to the southwesterly corner of said Parcel 149 map No. 105 which corner is on an east, northeasterly !roe of lands appropriated by the State of New York for the Southern Expressway Section 1 Parcel 146 map No. 105, Not'

of Appropriation of lands dated and recorded July 12, 1968 in said Clerk's Office in Liber 7500 of Deeds, page 3 map and legal description filed in said Clerk's Office July 12, 1968: thence south, southeasterly S 10 ‑40' ‑55' along said east, northeasterly line of said Parcel 146, map No. 105 a distance of one thousand thirty seven and sixty four hundredths (1037.64) feet more or less to an angle point on said Parcel 146: thence southeasterly S 36 ‑35' ‑16". E along a northeasterly line of said Parcel 146 map No. 105 a distance of two hundred three (203.00) feet to an angle point on said Parcel 146: thence southeasterly S 52 ‑33' ‑55" E along a Northeasterly line of said Parcel 146 map No. 105 a distance of seven hundred thirty and forty three hundredth (730.43) feet to an angle point on said Parcel 146: thence south, southeasterly S 18 ‑08' ‑O1" E along an east, northeasterly line of said Parcel 146, map No. 105 a distance of three hundred thirty seven and forty hundredth (337.40) feet more or less to a point on the east line of said Lot No 27: thence southerly along the west line of Lot 24 and the east line of Lot No. 27, 411.83': thence southeasterly at an interior angle of 129 ‑05' ‑09", 210.78': thence southeasterly at an interior angle of 145 ‑00' ‑35", 526.84' to the west line formerly Erie County Water Authority lands: thence south 70.0' to the south line of Lot No.

Reg. Mtg. 11 Mtg. 12 6/7/95

Reg. Mtg. 11 Mfg. 12 6/7/95 Page 3

24: thence easterly along the south line of Lot No. 24, 1192.93' measured and 1177.96 recorded to the southeast comer of Lot No. 24: thence north along the east line of Lot No. 24, 1800.0': thence west and parallel to the north line of Lot No. 24, 678.65'+ to a point which is 100.00' east of the west line of Liber 1048 page 202: thence northerly and parallel with the west line of Llber 1048 page 202, 845.36'+ to the north line of Lot No. 24: thence west along the north line of Lot No. 24, 100.0' to the north west corner of Liber 1048 page 202: thence southerly and parallel to the west line of Lot No. 24, 871.12': thence westerly and parallel to the north line of Lot No. 24, 150:0': thence northerly parallel to the west line of Lot No. 24, 471.20': thence westerly parallel to the north line of Lot No. 24, 157.19': thence northerly at an exterior angle of 90 ‑21' ‑02", 150.0': thence westerly at an interior angle of 90 ‑21' ‑02", 305.0': thence southerly at an interior angle of 89 ‑38' ‑58", 594.80': thence westerly at an interior angle of 270 ‑21' ‑02", 487.50' to the west line of Lot No. 24: thence northerly along the west line of Lot No. 24, 804.78' to the

point of beginning, and .

BEGINNING, (B1 to 11, Part 1), at the southwest corner of Lot No. 18, being the true.point or place of beginning: thence north 8 ‑54' ‑30" east and along the west line of Lot No. 18, eight hundred seventy two and twenty three hundredths (872.23) feet; said point being three hundred eighty five and eleven hundredths (385.11) feet south of the north line of Lot No. 18: thence south 80 ‑56' ‑51" east, one thousand (1000.00) feet to a point: thence north 8 ‑54 ‑30" east and parallel with the west line of Lot No. 18, one hundred ninety six and thirty five hundredths (196.35) feet to a point: thence south 8 ‑56' ‑26"east, six hundred (600.00) feet to a point; thence south 8 ‑54' ‑30" west and parallel with the west line of Lot No. 18, nine hundred seventy one and fifty six hundredths (971.56) feet to a point, which is one hundred (100.00) feet north of the south line of Lot No. 18: thence south 80 ‑50' ‑26" east and parallel with said line, seven hundred three and seventeen hundredths (703.17) feet to a point on the northwesterly line of Southwestern Boulevard; said point being fifty (50.00) feet northwesterly from the center line of Southwestern Boulevard: thence south 47 ‑01' ‑56" west and along said line, one hundred twenty six and eighty seven hundredths (126.87) feet to a point on the south line of Lot No. 18: thence north 80 ‑50' ‑26" west and along said south line, two thousand two hundred twenty four and ninety eight hundredths (2224.98) feet to the true point or place of beginning, and

BEGINNING, (B 1 to 11, Part 2), at the Southwest corner of said Lot No. 18; thence easterly along the south line of Lot No. 18 at bearing of South 80 ‑50' ‑26" east a distance of one thousand six hundred and zero one hundredths (1600.01) feet to a point; thence northerly along a line at a bearing of north 8 ‑54' ‑30" east a distance of three

Hundred ninety five and seventy two hundredths (395.72) feet to a reinforcing rod set into the ground which marks

true point and place of beginning; thence easterly along a line parallel with the south line of said Lot No. 18 at a Dearing of south 80 ‑50' ‑26" east a distance of five hundred twenty two and seventy nine hundreths (522.79) feet to a reinforcing rod set into the ground; thence northerly along a line at a bearing of north 9 ‑9' ‑34" East a distance of one hundreth eighty seven and ninety four hundredths (187.94) feet to a point; thence northeasterly along a line at a bearing North 47 ‑2' ‑26" east a distance of four hundred and fifiteen and seventy six hundredths (415.76) feet to a reinforcing rod set into the ground; thence easterly along a line at a hearing South 81 ‑10' ‑00" east a distance of one hundred one and eighty one hundredths (101.81) feet to a reinforcing rod set into the ground; thence northeasterly along a line at a bearing North 54 ‑14' ‑48" east a distance of two hundred twenty nine and twenty three hundredths (229.23) feet to a point; thence westerly along a line at a bearing North 80 ‑56' ‑51" west a distance of six hundred forty five and eighteen hundredths (645.18) feet to an iron pipe set into the ground; thence southerly along a line parallel with the west line of said Lot No. 18 at a bearing of south 8 ‑54' ‑30" east a distance of one hundred ninety six and thirty five hundredths (196.35) feet to an iron pipe set into the ground; thence westerly along a iine at a bearing north 80 ‑56‑51 " west a distance three hundred (300.00) feet to an iron pipe set into the ground; thence northerly along a line parallel with the west line of said Lot No. 18 at a bearing of north 8 ‑54' ‑30" east a distance of three hundred forty two and ninety seven hundredths (342.97) feet to a reinforcing rod set into the ground on the south tight way line of Lake Avenue as an eighty (80.00) feet wide road; thence westerly along said south line of Lake Avenue at an interior angle of 89 ‑55' ‑30" a distance of one hundred (100.00) feet to an iron pipe set into the ground; thence southerly along a line parallel with the west line of said Lot No. 18 and at a bearing of south 8

'' ‑30" west a distance of eight hundred twenty two and zero eight hundredths (822.08) feet to the true point and

place of beginning, this parcel containing 9.72 acres more or less.

This ordinace shall take effect ten (10) days after publication and posting in accordance with law, and be it further

RESOLVED, that the Town Clerk published and posted a copy of said amendment in accordance with Section 264 and 265 of

the Town Law. Aye Nay

D.J. Mill X

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 ‑ Orchard Park Commerce Center ‑ Grant application/terms.

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

WHEREAS, the Town Board has determined that it is in the interest of the Town ‑,)f Orchard Park to assist in the development of a certain industrial subdivision, known as the "Orchard Park Commerce Center", to be located on Milestrip Road near its intersection with the 219 Expressway, for the purpose of expanding the Town's future tax base, to secure economic stability within the Town and to provide increased employment opportunities for low and moderate income persons resident within the Town and within Erie County, and

WHEREAS, .the County of Erie has offered to make available to the Town of Orchard Park a low interest loan of $450,000 from federal Community Development Block Grant funds allocated to the Erie County CDBG Urban County Consortium by the United States Department of Housing and Urban Development, and

WHEREAS, the Town of Orchard Park wishes to utilize the funds referred to herein for construction of infrastructure including road and utility lines in order to facilitate the construction of said industrial park, and

WHEREAS, the Town Board understands that the Town, the developer and future tenants of said industrial park will need to comply with certain federal statutory and regulatory requirements with regard to properties assisted and jobs created by such funds, and

WHEREAS, the Town of Orchard Park intends to lend the sum of Four Hundred Fifty Thousand Dollars ($450,000) to the Town of Orchard Park Local Development Corporation, which will, in turn, lend such sums to the developers of the Orchard Park Commerce Center in a loan which shall be secured by real property constituting part or all of the Orchard Park Commerce Center

NOW, THEREFORE, be it

RESOLVED, that this Town Board authorizes the Town Supervisor of the Town of Orchard Park to apply to the County of Erie, to negotiate terms, and to execute those documents necessary to obtain a loan of federal Community Development Block Grant funds in the sum of Four Hundred Fifty Thousand Dollars ($450,000) to be utilized to construct infrastructure in the Orchard Park Commerce Center, and be it further

RESOLVED, that the Town of Orchard Park, for itself, its assigns and successors, in interest, agrees to comply with the federal requirements which pertain to the use of such Community Development Block Grant funds.,

Aye Nay

D.J. Mill x

J.J. Mills X

P.D. Barnas X

D.M. Buyer X

N.W. Ackerman X

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 ‑ Orchard Park Commerce Center ‑ Retain Special Counsel.

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

WHEREAS, the sum of FOUR HUNDRED FIFTY THOUSAND AND 00/000 DOLLARS ($450,000.00) is available from the County of Erie for the purpose of providing a loan to the Orchard Park Local Development Corporation, which will, in turn, lend the sum of FOUR HUNDRED FIFTY THOUSAND AND 00/000 DOLLARS ($450,000.00) to the‑, Orchard Park Commerce Center Joint Venture to construct infrastructure with respect to the Orchard Park Commerce Center industrial park, and

WHEREAS,. various documents must be drawn and/or reviewed by counsel on behalf of the Town with respect to the loan referred to above, and

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Reg. Mtg. Nil Mtg. k l2 6/7/95 Page 5

WHEREAS, the ultimate beneficiary of such loan, the orchard Park Commerce Center Joint Venture, will be responsible for payment of counsel fees incurred in connection with the preparation and review of the various loan documents

NOW, THEREFORE, be it

RESOLVED, that the Town of Orchard Park hereby retains the law firm of Bennett, Difillipo & Daumen to represent it at the rate of ;95.00 per hour, at the expense of the Orchard Park Commerce Center Joint Venture with regard to the preparation and review of the various documents necessary to complete the loan of FOUR HUNDRED FIFTY THOUSAND AND 00/000 DOLLARS (;450,000.00) from the County of Erie to the Town of Orchard Park; and from the Town of Orchard Park to the orchard Park local Development Corporation; and from the orchard Park Local Development Corporation to the Orchard Park Commerce Center Joint Venture.

Aye Nay

D.J. Mill x

J.J. Mills ' x

P.D. Barnas x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time Supervisor Mill introduced J. Michael Wolf, Deputy Town Attorney who handled the legal matters regarding, the Orchard Park Commerce Center resolutions and the transaction between the Town and the County and the Commerce Center. Mr. Wolf stated all the pieces are in place now and it can get under way.

Supervisor Mill further stated that this project will be very beneficial to the Town and hopefully in the near future an announcement will be made in regards to the first tenant coming into the park.

Town Engineer Merritt commented that this completes the environmental review and the project approval. It is now just a matter of detailed design and approvals by the necessary transportation and other regulatory agencies. We are scheduled to start this fall and be completed next summer. In the process of negotiating this project, we were able to negotiate with the New York State Dept. of Transportation to get access to Milestrip Road. This opens up over 400 hundred acres of, undeveloped land in that area. We expect to see other development in our town, in the other three quadrants of the Rt.219 ‑ Milestrip interchange.

New Business #1 ‑ Schedule Legislative Public Hearing for White Collar Workers.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a Legislative Public Hearing for the 1994 White Collar Contract Negotiations for June 21, 1995 at 8:00 P.M. EDT, and be it further

RESOLVED 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 x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 ‑ Appointment of Supervising Building Inspector.

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 provisional appointment of Marvin Ginsberg, 211 Sunset Terrace, Orchard Park, to the position of Supervising Building Inspector, effective 6/12/95, pending the

Reg. Mtg. #11 Mtg. #12 6/7/95 Paae 5

.results of an exam for Supervising Building Inspector, given by Erie County Personnel.

Before the vote was taken, Councilman Buyer commented that Mr. Ginsberg was in the audience; that he is a registered Architect with considerable experience in the field of both architecture and construction. Both Supervisor Mill and

Councilman Buyer welcomed Mr. Ginsberg.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnas x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 ‑ TVGA as SEQR Consultant for Birdsong Subdivision.

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

WHEREAS, the Town of Orchard Park Planning Board has received a proposal from Dominic Piestrak, et al, for development of real property within the Town known as the Birdsong Subdivision, and

WHEREAS, the Town of Orchard Park Planning Board as lead agency is responsible for determining the significance of potential environmental impacts of said development project consistent with the regulatory intent of 6 New York Code Rules & Regulations Part 617, State Environmental Quality Review (SEAR) of Environmental Conservation Law, Section 8‑0113, and

WHEREAS, TVGA Engineering, Surveying, P.C. has agreed to furnish professional services and to serve as the Town's Professional Representative relative to the SEAR Evaluation of said development project, and

WHEREAS, Dominic Piestrak, et al has agreed to reimburse the Town for cost of professional services rendered for the SEAR Evaluation of the development project

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is authorized to direct the Supervisor to sign the Agreement with TVGA Engineering, Surveying, P.C. to provide professional services as the Town's Professional Engineering Representative relative to the SEAR Evaluation of the proposed Birdsong Subdivision..

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnas x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 ‑ Public Safety Committee recommendations for Traffic Sign.

9) 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 Public Safety Committee Recommendation, dated 5/42/95:

1. Post "STOP" signs on South Lakeridge at Lakeridge Drive and on Edgewater at Lakeridge Drive. 2. Post a "30 MPH Area Speed Limit" sign on Edgewater at the entrance, of Lakeridge Subdivision from South Lane. 3. Post "curve" signs for both directions in the proper locations to designate the curve on Lakeridge Drive. 4. Post "Deaf Child Area" sign approximately 150 feet in both directions of 12 Meadowlawn. and

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5. Refer to the Highway Superintendent. the request to post a weight limit on Benning Road.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnas x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 ‑ #9 Referrals to the Planning Board.

10) 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 refer the following

items, as entered on the agenda, to the Planning Board and Conservation Board:

#5 ‑ Bruce W1`?, 5695 Scherff Road, requesting rezoning from A‑1 to A‑1 Special Exception Use, Home occupation.

#6 ‑.Cappelli's Pizza, 3643 No: Buffalo Road, Zoned B‑2, requesting a building permit to construct an 1159 sq.ft. addition to the existing building.

#7 ‑ Southtowns Orthopedics Group, 63973 Southwestern Blvd., Zoned I‑1, requesting a building permit to construct a 690 sq.ft. addition to the existing medical building.

#8 ‑ Historic Square Agency, 3735 N. Buffalo Street, request a "change in use" with the building. ,

#9 ‑ Taylor‑Pohlman, Inc., 3935 California Road request a building permit to construct an addition to the existing building.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnas x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #10 – Out of the District Water Customer.‑ Lockwood, 6239 Ward Rd.

11) 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 Ralph V. and Phyllis M. Lockwood, 6239 Ward Road, Town of Boston, N.Y., to become an out of District Water Customer in Orchard Park Water District #17.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnes x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #11 ‑ 1995 Summer Recreation Staff Appointments.

12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS

ADOPTION, SECONDED ::= COUNCILMAN BARNAS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the following resident appointment to the 1995 Summer Recreation Staff as recommended by the Recreation Director:

Adam Pawlak 49 Knob Hill Sub/Grd $4.85/hr

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Liz Laudico 15 Pawtucket Sub/Grd $4.85/hr

Brian Rieth 40 Sleepy Hollow Aide $4.60/hr 30 hrs

Chris Melerski 45 Butternut Dir. $5.55/hr 10 hrs

Brenden Wilson 25 Independence Aide/Grd $4.85 30 hrs

Lisa Hanlon 4481 S. Buffalo Dir. $5.55/hr 30 hrs

Sean Walsh 4647 California Aide $4.60 30 hrs

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnes x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #12 ‑ Proclamation: Orchard Park Garden Club.

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

WHEREAS, the Orchard Park Garden Club is an organization which was founded in 1976, Federated in 1977 and is comprised of 91 members; and

WHEREAS, the Orchard Park Garden club members plant 150 hanging baskets and 42 summer flowering planters which are displayed throughout our Town. They also plant the beautiful garden at the Ellicott Triangle; and

WHEREAS, the Orchard Park Garden Club members participate in decorating and planting the lovely flower boxes and pots for Orchard Park's only National Historic site, the Jolls House; and

WHEREAS, the Orchard Park Garden Club has numerous sales and fund raisers which help a scholarship fund for Orchard Park graduates planning to continue education in the field of horticulture;

RESOLVED, that the Town of Orchard Park does hereby join the National Council of State Garden Clubs, Inc., the Federated Garden Clubs of New York State, Inc., and the Orchard Park Garden club in celebrating NATIONAL GARDEN WEEK, June 4‑10, 1995, in honor and appreciation of the efforts from the membership as a source of community pride and beautification;

Now, therefore, The Town Board of Orchard Park, in the County of Erie, in the State of New York, hereby proclaims the week of June 4th through 10th, 1995 as NATIONAL GARDEN WEEK.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnas x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #13 (not on agenda) ‑ Green Peace, Annual door‑to‑door canvass.

14) 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 Greenpeace, Rochester, N.Y. to conduct their annual door‑to‑door canvass in the Town of Orchard Park, starting June 1st to August 31st 1995, with the stipulation the daily canvassing be completed each day by dusk.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnes x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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Reg. Mtg. #11 Mtg. #12 0/7/95 Page 7

15) 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 budget transfer as recommended by the Town Engineer:

Sewer & Water:

$1,200.00 from ‑ #8346.550 (Contingency) to ‑ #8346.250 (General Equipment)

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnes x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) 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 for the use of Yates Park/Green) Lake on June 25, 1995 for the orchard Park Lions

club annual "Fishing Derby".

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnes x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

DEPARTMENT HEADS

Councilman Barnes stated 1) He had received complaints last year regarding football traffic on Abbott Road and pedestrians walking in the street. David Comerford, Deputy Commissioner of Highways for the County, thru the efforts and persistence of our Safety Committee Chairman Jonesy Capriotto, has agreed to putting in sidewalks. The new sidewalks will be done for the start of the football season. and 2)Announced that the Town Board., invites the residents of orchard Park, this Friday June 9th between 7 and 7:30 PM, to come to the ribbon cutting ceremony for the baseball diamond on California Road. We want to thank all those who helped bring this about, especially: Town Engineering Dept., Recreation Committee, Town Board, Town Highway Superintendent, and the Orchard Park Little League. John Barry of the Orchard Park Little League and Ronald Geitter, Town Highway Superintendent will toss the first ball for the opening game.

Councilman Buyer stated that the construction on Ellicott Road has begun, and asked if the study, the Town requested of the New York State Dept. of Transportation, for the placement of a signal light at the corner of Ellicott Road, Scharff Road, South Freeman Road and Powers Road, has been completed?

Councilman Barnes responded he had received a call from Senator Dale Volker's office that they have reconsidered and will do another study of the speed limit at the Ellicott Road Elementary School, perhaps this will be done at the same time as the signal study.

Councilwoman Ackerman reported 1) there is new art work displayed at the Municipal Building representing Kindergarten thru Twelfth Grade and also at the Fleet Bank adjacent to us and 2) reminded the public of the school vote tonight.

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

WHEREAS, since the early eighties, hundreds of students, parents, coaches teachers have participated in "Odyssey of the Mind", also called Olympics of the Mind in its early years, and

Reg. Mtg. #11 Mtg. #12 617195

Page 9

WHEREAS, students from kindergarten through college participate in this program, focusing on fostering of creative thinking and problem solving, and'

WHEREAS, the problems being solved must be done so under one Hundred Dollars

each, and

WHEREAS, the Olympics of the Hind Boosters, raised this year over Fifteen Thousand Dollars, to send our orchard Park'o Teams to the Knoxville, Tennessee event that lasted three days, and

WHEREAS, over eight thousand participants, representing hundreds of teams representing forty‑eight states, fifteen countries, including China, Germany, Japan, Poland and Lithuania participated this year, and

WHEREAS, of the thirteen first place winning teams, two of them were from Orchard Park, and

WHEREAS, 4$ of the participants were from Orchard Park, which took 46% of the victories

NOW, THEREFORE, be it

RESOLVED, this Town Board of Orchard Park extends heartiest congratulations to the two winning teams in Orchard Park, which were the South Davis Elementary School Scientific Safari Team and the Ellicott Elementary School Vaudeville Team, and in our congratulations, we wish to underscore the fact that these students have not only won for their own teams t but represent the cumulative effort of the students that have participated over the years, given the opportunity for participation in a marvelous program.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnas x

D.M. Buyer x

N.W. Ackerman x

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 approve the appointment of Mr. Gregory DelGaudio, 30 Errington Terrace to a seasonal position in the Sewer & Water Department, for a ten week period beginning June 12, 1995 at an hourly rate of $6.00, as recommended by the Town Engineer.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnas x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

Warrant #1

GENERAL FUND $ 103,540. 9

PART TOWN FUND $ 2,046.40

HIGH WAY FUND $ 22,967.89

SPECIAL DISTRICTS FUND $ 83,528.03

TRUST & AGENCY FUND $ 15,439.01

CAPITAL FUND $ 377.05

RISK RETENTION FUND $ 1,000.00

Reg. Mtg. #11 Mtg. #12 6/7/95 Page .10

Reg. Mtg. #11 Mtg. #12 6/7/95 Page 11

Aye Nay

D.J. Mill x

J.J. Hills x

P.D. Barnes x

D. M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to receive and file communications as entered on the agenda: Resolution from the Erie County Legislators, Protection of Agricultural Lands.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnes x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to receive and file the report as entered on the agenda: Orchard Park Police Chief's monthly report for May, 1995 and Building Inspector's Report and Building Permits for the month of May, 1995.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnes x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

Mr. "Bus" Pfeil, Triton Valley Estates, reviewed the history of his coming before the Town Board regarding Mobile Home Legislation and his continued interest in bringing his project to the Town of Orchard Park. He expressed frustration at the delays in bringing this about.

Mr. Pfeil also commented on "manufactured homes" on private land in Orchard Park

and their affordability and the laws that govern them.

There was discussion among Councilman Buyer, Councilman Barnes and Supervisor Mill and Mr. Pfeil.

Robert Frantsits, 4270 California Road ‑ commented regarding a sign on California Road and Big Tree Road concerning the Buffalo Medical Group.

Supervisor Mill replied that this, if it goes through, would be a low profile medical building, with a lot of screening and green areas and will prove to be a nice transition from the industrial part of the park to the residential part of California Road. He suggested that Mr. Frantsits keep in touch with the Town's Planning Coordinator in order to stay inform on the project.

There being no further business before the Town Board, on motion of Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:51 PH EDT.

UNANIMOUSLY ADOPTED,