Town Board agenda packet — October 21, 2026 (full text)

TOWN OF ORCHARD PARK ENGINEERING DEPARTMENT S 4295 South Buffalo Street Orchard Park, New York.14127-2609 Phone; (716) 662-6425 TOWN ENGINEER Email: ‘“[email protected] WAYNE L. BIELER, PE., CFM October 13, 2026 Honorable Town Board Town of Orchard Park 4295 South Buffalo Street Orchard Park, New York 14127 Re: Multi-Use Maintenance Facility Phase 2, Salt & Topsoil Building Storage Project Release of Escrow (General Construction) Dear Board Members: On February 4, 2026, the Town Board approved the Final Change Order and Release of the Performance Bond for the project stated above, with the stipulation that an escrow be held in the amount of $2,800.00 until the lawn restoration reaches 90% stabilization. On Friday October 9, 2026, the inspection of the site determined that the lawn restoration area has reached 95%. I, therefore, recommend that you authorize the Town Clerk to release, $2,800.00 for the lawn restoration at the Topsoil Barn Site, to Cavlee Development Inc. 5983 S. Transit Road, Lockport, New York 14094. Respectfully submitted, e [Lege “Wayne LfBieler, P.E., CFM Town Engineer Ce: William Even, Town Clerk Timothy Gallagher, Town Attorney Nichole Ruf, Dresser & Malecki Cavlee Development Co., Inc. File #2022.021 SATown Projects\Multi-Use Maintenance Facility 2022.022\Salt & Topsoil Storage\TB-Release of Escro LETTER-Salt & Topsoil_General.doc Visit the Town’s website at www.orchardparkny.gov

TOWN OF ORCHARD PARK ENGINEERING DEPARTMENT S 4295 South Buffalo Street Orchard Park, New York 14127-2609 Phone: (716) 662-6425 TOWN ENGINEER Email: [email protected] WAYNE L. BIELER, PE:, CFM” October 14, 2026 Honorable Town Board Town of Orchard Park 4295 South Buffalo Street Orchard Park, NY 14127 RE: Release of Escrow ~ Energizing 5 light standards with fixtures Quaker Lake Terrace Subdivision (18-Lot Subdivision); PIP #2024-04 Dear Board Members: On December 18, 2025, the Town Board accepted dedication of the public improvements constructed in the above referenced subdivision with the stipulation that funds paid by the developer be held in escrow until the energization of 5 light standards with fixtures were completed: The developer has since completed ‘the streetlight installations. The work was inspected by the Engineering Department and found to be in compliance with Town specifications.. |, therefore, recommend that you authorize the Town Clerk to release the $5,000 held in escrow under PIP #2024-04 Quaker Lake Terrace Subdivision for completing the streetlight installations to PAL Enterprises, LLC, 3375 North Benzing Road, Orchard Park, New York 14127. d, fh Respectfully submitte Wayne L. Bieler, P.E., CFM Town Engineer Cc: William Evan, Town Clerk Bill Fulton, OP Special Districts File #2019.016 S:\Subdivisions\Quaker Lake Terrace Extension Subdivision\Correspondence\Release of Streetlight Escrow.doc Visit the Town’s website at www.orchardparkny.gov

Ne #/ Schedule a Public Hearing regarding the 2027 Budget & Benefit Basis Special District RESOLVED, that the Town Board does hereby schedule a public hearing for Wednesday, November 4, 2026, at 7:00 PM regarding the 2027 Budget & Benefit Basis Special District at the Orchard Park Municipal Center; and be it further RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.

NG Fawa Letter of Authorization for the Assessor WHEREAS, in accordance with New York State Law, Section 198, the Town Board had opted to enforce unpaid accounts for water, sewer, refuse and other unpaid Town services as indicated below, by placing a lien upon the real property for which such services were provided, and WHEREAS, in light of the aforementioned, the Erie County Legislature shall levy in such sums as indicated below and against the applicable properties as provided for on the Town Assessor's master computer assessment roll file, which is also hereby being delivered by the Assessor with this letter of authorization: Total Unpaid Water Erie County - $ 287,017.02 Total Unpaid Water Orchard Park - $ 33.19 Total Unpaid Refuse & Pro-Rated Garbage- $ 11,531.17 Total Property Maintenance & Code Enforcement- $ 210+ $ 42 Agricultural Penalties $ - Omitted Taxes $ - NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Orchard Park, in accordance with New York State Law, Section 198, does hereby adopt all special charges as outlined on the "Letter of Authorization" as recommended by the Town Accountant.

Letter of Authorization To: Erie County Real Property Tax Department From: Town of Orchard Park Subject: | Unpaid items to be included in tax warrant Date: 10/16/2026 In accordance with New York State Town Law, section 198, the town board has opted to enforce various unpaid accounts for water, sewer, refuse and other unpaid town services as indicated below, by placing a lien upon the real property for which such services were provided. Be sure to include a copy of the resolution(s) adopting all special town charges. In light of the aforementioned, the Erie County Legislature shall levy in such sums as indicated below and against the applicable properties as provided for on the town assessor’s master computer assessment roll file, which is also hereby being delivered by the assessor with this letter of authorization. e Total Unpaid Water Erie County $ 287,017.02 e Total Unpaid Water Orchard Park $ 33.19 e Total Unpaid Sewer $ - e Total Unpaid Refuse $ 11,531.17 e Total Agric Penalty § - e Total Prop. Maint. & Code Enf. $ 210+$ 42 e Total Other Charges $ - e Total Omitted Taxes ; $ - Total of Items Above $- Certification Town of Date: Town Supervisor Town Clerk Assessors Use Only Date RPS file submitted to County RPTS I hereby certify that the entries on the master assessment roll file delivered herewith equal Bove as required by the town board as provided for above. ey A Leuloy 10 ftola-6 Assessor J Date County RPTS Use Only Date filed received By: File in balance Yes No

26, AS GLOBAL. OCTOBER 21, 20 RECOGNIZING RESOLUTION DAY ETHICS WHEREAS, ethical conduct is essential to building trust, strengthening communities, advancing fairness, and promoting responsible decision making in public life, business, education, health care, technology, and all other areas of society; and WHEREAS, Global Ethics Day provides an opportunity for individuals and organizations around the world to reflect on the importance of ethics and to encourage integrity, accountability, respect, transparency, and compassion in daily actions and institutional practices; and WHEREAS, the Town of Orchard Park recognizes that promoting ethical awareness and conduct helps safeguard the rights, well-being, and confidence of all members of its community; and WHEREAS, Global Ethics Day will be celebrated on October 21, 2026, offering an important occasion to reaffirm our collective responsibility to act with integrity. NOW, THEREFORE, be it RESOLVED, that the Town of Orchard Park hereby recognizes and supports the celebration of Global Ethics Day on October 21, 2026.

NOY Budget Transfer for the Highway Department WHEREAS, the Town of Orchard Park Highway Department needs additional road salt for the remainder of the 2026 calendar year; and WHEREAS, the anticipated cost of the road salt purchases is estimated to be $275,000 ($100/price per ton) for approximately 2,500 to 3,000 tons; and WHEREAS, the current appropriation balance in account DB5142.50400 is insufficient to cover the anticipated road salt expenditures for the remainder of 2026; and WHEREAS, the Town has reviewed the available balances in accounts DB5110.50472 and DB5140.40416 to determine the funds available. NOW, THEREFORE, be it RESOLVED, that Town of Orchard Park hereby authorizes the following budget transfer for the 2026 budget: Decrease Appropriations: ¢ DB5110.50472 -HW STONE, GRAVEL AND ROAD OIL — $200,000 ¢ DB5140.40416 - BRUSH GAS, OIL, ANTIFREEZE — $75,000 Increase Appropriations: e .DB5142.50400 —- SNOW SUPPLIES — $275,000

NBR Budget Transfer for appropriation and account adjustments. WHEREAS, the Town of Orchard Park performed budget monitoring as of August 31, 2026; and WHEREAS, certain appropriation accounts were noted to need adjustments to allow for the appropriate spending of accounts; and WHEREAS, the funding for these adjusted appropriations is available within other appropriation accounts in the Town’s 2026 Budget. NOW, THEREFORE, be it RESOLVED, that the Town Board hereby authorizes the following transfers within the Town’s 2026 Budget: Account Account Name Number Amount Org-Object TOWN JUSTICE EQUIP REP & MAINT __ A01110 50444 201.16 CENTSERVEQUIPREP& MAINT = 7 _ A01670 50444 743,12 CELEBR PATRIOTIC OBSERVANCES A07550 50534 7,500.00 PLANNING TRAINING BO8020 50414 74,71 SP DISTS PROTECTIVE CLOTHING ws834650463{ —_— 60.14 PARKSSALNONUNIONHRLYPT A07110 50105 13,901.24 IPARKS SAL NONUNION HALY PT A07110 60105 5,332.70 {TOTAL DECREASE: $ 27,813.07 Account Account Name Number Amount Org-Object TOWN JUSTICE EQUIPMENT AQ1110-50200| 201.16 CENT SERV WATER _ A01670 50423 743.12 MUSIC FESTIVAL A07550 50533 7,500.00 PARKS EQUIPMENT & MAINTENANCE A07110-50444 13,901.24 PARKS TRAIL MAINTENANCE . A07110-50539 5,332.70 PLANNING PUBLISHING __ _. 08020-60450 74,74 SP DISTS LAND & PROP REPAIRS WS8346 50529 60.14 TOTAL INCREASE: $ 27,813.07

NOH Le Budget Amendment within the Town’s 2026 Budget WHEREAS, the Town of Orchard Park performed budget monitoring as of August 31, 2026; and WHEREAS, certain appropriation accounts were noted to need adjustments to allow for the appropriate spending of accounts; and WHEREAS, the funding for these appropriations is available within excess related revenue received and fund balance. NOW, THEREFORE, be it RESOLVED, that the Town Board hereby authorizes the following amendments within the Town’s 2026 Budget: Account Account Name Number Amount Org-Object HIST CELEBRATION a A TOWN JUSTICE OTHER CONT EXPS A01110 50419 17,826.65 " JREC TRANSPORTATION_ AQ702050556 | 3,564.27 TOTAL INCREASE: $ 31,390.92 Account Account Name Number Amount Org-Object STATEAID nn vane 00000-43000 |” 10,000.00 GF Federal Aid oo A00000-44000 | ——_—_7,000.00 GF State Aid - Court Assist Grant ae . A00000-43330 10,826.65 STATE AID A00000-43000 3,564.27. TOTAL INCREASE: $ 31,390.92

TOWN OF ORCHARD PARK S 4295 Buffalo Street = Orchard Park, New York 14127 Mita MEMORANDUM To: Honorable Town Board From: Wayne L. Bieler, P.E., CFM Town Engineer Date: October 21st, 2026 Subject: Budget Transfer — Engineering Department | request that you authorize the following budget transfer within the 2026 Engineering Budget: $ 500.00 From: Budget Code - A01440 50200 To: Budget Code - A01440 50407 (Engineering Equipment) (Uniform Allowance) CC: William Even, Town Clerk Tricia Jurek, Accounting Nichole Ruf, Drescher & Malecki LLP Kelsey Wendel, Drescher & Malecki LLP

Ne6FyP Planning Department — Site Plan & Building Permit for 6565 Webster Road RESOLVED, that the Town Board does hereby approve the following resolution upon the recommendation of the Planning Board from their July 9, 2026 meeting: RESOLVED, with regard to PB File # 04-26, 6565 Webster Road, Bertsch Family Nature Trust (SBL # 162.09- 1-46 & # 162.09-1-44), The Town Board approves the presented Site Plan received 6/30/26 and AUTHORIZE a Building Permit, for construction of a Service Garage building of approximately 1,600 +/- square feet, including a restroom, to house maintenance equipment, based on the following conditions and stipulations: 1. All public notices have been filed. 2. This is a Type II Action, and no SEQR review is required. 3. No additional lighting is planned. If additional lighting is added in the future, the Applicant is directed to return to the Planning Board. 4. No outside storage or display is permitted. 5. Any future dumpsters shall be screened, in accordance with Section 144-25 of the Town Code. 6. The Applicant is to provide the Town of Orchard Park Assessor with an “independent” appraisal for the completed project by a Certified Commercial Appraiser. A GML 239n referral was submitted to the ECDEP on 6/4/26. Comments were received on 6/4/26. No recommendation was made. Comments were received by Erie County DSM on 6/24/26. The Site Plan dated has been determined by the Building Inspector to be Compliant as presented. This project is contingent on Town Engineering approval. * . Any significant changes to the Plan will be referred back to the Planning Board for further review and potential approval. *Town Engineering approval was granted on 10/14/26.

NEG Street Tree Policy Resolution WHEREAS, the Street Tree Planting Policy was changed in 2020 and few trees were planted after the policy change. NOW, THEREFORE be it RESOLVED, that the Town should revert to the 2001 “Street Tree Policy”, placing the burden of planting the required Street Trees on the Highway Department, and be it further RESOLVED, that the Town Board directs the creation of a restricted and reserved account, and be it further RESOLVED, that the fees collected for Street Trees from 2020 through the present, totaling $160,000 be transferred from the reserve fund to said restricted and reserved account.

Town of Orchard Park _ Tree Planting Policies and Procedures Procedures This tree planting requirement involves several departments. Following are the procedures relating to the billing, collecting and accounting for these Fees: 1. The Building Inspectors Office will bill the Tree Planting fee ($500 single family home, $1,000 two family home) along with the building permit fee. The Tree Planting fee will be separate and distinct from building permit fee. 2. The Tree Planting Fee is then collected by the Town Clerk (along with the building permit fee). The Town Clerk will report the amounts collected for the Tree Planting fee separate from building permit fees and transmit such on a monthly basis to the Accounting Office. The Town Clerk will send a copy of amounts collected (and who such are collected from) to the Highway Department. 3. Upon receipt of information from the Town Clerk's Office, the Highway Department will maintain a record of individuals who have paid such fee and location. 4. Upon receipt of information and funds from the Town Clerk's Office, the Accounting Office will record the revenue in the Highway Fund (revenue account B00000 42188 Tree Planting Fee). 5. Upon Completion of the house, the Building Inspector's Office will issue a Certificate of Completion. A copy of the Competition Certificate will be sent by the Building Inspector's Office to the Highway Department. Upon receipt ofthe Certificate of Completion, the Highway: Department will schedule a tree to be planted (two trees in the case ofa double) in the next planting season (either the next spring or fall). 6. The Highway Department will plant such trees and charge the Forestry Department for the cost of the tree (account B08560 50400) and labor (B08560 50105). 7. Inthe case where the Tree Planting Fee is received in one year, but the tree is not planted until the next, the funds will be reserved at year end based upon the Highway Department listing of the number of trees still to be planted.

| Landscape Deposit Release 400 Sterling Drive oo NO /O WHEREAS, a Landscape Deposit was made for 400 Sterling Drive on 9/14/22 by Silver Lake Financial Group in the amount of $10,110, and a Landscape Compliance form was submitted dated 7/19/23. A Landscape Security Release form was submitted on October 8, 2026. NOW, THEREFORE be it RESOLVED, that the Town Board does hereby release the landscape deposit in the amount of $10,110 to Silver Lake Financial Group.

NO" I] Planning Department — Site Plan & Building Permit for 2783 Southwestern Blvd. RESOLVED, that the Town Board does hereby approve the following resolution upon the recommendation of the Planning Board from their October 8, 2026 meeting: RESOLVED, with regard to PB File #12-26, 2783 Southwestern Boulevard, (Route 20 Ice Cream), located on the south side of Southwestern Boulevard, west of Angle Road, Zoned B-2, SBL #153.07-1-3, The Town Board approves the presented Site Plan, received 09/25/26 and authorize a Building Permit for the parking lot expansion of 31 parking spaces, located west of the existing development, based on the following conditions and stipulations: All public notices have been filed. 2. This is an Unlisted Action, based on the Short EAF submitted 9/22/26, and a Negative Declaration is recommended. 3. No Site lighting is proposed. Should site lighting be added in the future, the Applicant is directed to return to the Planning Board. 4. No outside storage or display is permitted. Any future dumpsters shall be screened, in accordance with Section 144-25 of the Town Code. 6. The Applicant is to provide the Town of Orchard Park Assessor with an “independent” appraisal for the completed project (meaning all completed phases) by a Certified Commercial Appraiser. 7. A GML 239n referral was submitted to the ECDEP on 9/22/26. Comments were received on 9/30/26. No recommendation was made. 8. The Site Plan dated 09/25/26 has been determined by the Building Inspector to be Compliant as presented. 9. Engineering Approval was granted on 10/6/26.

WG 479 Planning Department — Site Plan & Building Permit for 2784 Southwestern Blvd. RESOLVED, that the Town Board does hereby approve the following resolution upon the recommendation of the Planning Board from their October 8, 2026 meeting: RESOLVED, with regard to PB File # 01-25, 2784 Southwestern Boulevard, “Illuminate Health and Wellness,” located west of the angled intersection of Southwestern Boulevard and Reserve Road, north of Southwestern Boulevard and south of Reserve Road, Zoned B-2, SBL #153.06-1-22. The Town Board approves the presented amended Site Plan received 9/1/2026 and authorize a Building Permit for a parking expansion totaling 11 spaces (reduced from the originally approved 19 spaces) and a minor building expansion, based on the following conditions and stipulations: 1. All public notices have been filed. This is an Unlisted Action, based on the Short EAF submitted 2/02/25, and a Negative Declaration was made 10/8/26. No additional site lighting is proposed. Should site lighting be added in the future, the Applicant is directed to return to the Planning Board. No outside storage or display is permitted. Any future dumpsters shall be screened, in accordance with Section 144-25 of the Town Code. The Applicant is to provide the Town of Orchard Park Assessor with an “independent” appraisal for the completed project (meaning all completed phases) by a Certified Commercial Appraiser. A setback variance is required for a wheelchair ramp. The applicant will either apply for and receive a variance or submit a building plan with a compliant wheelchair ramp prior to a certificate of occupancy being issued. Engineering Approval was granted on 10/7/26. aa An amended Landscape Plan, received 09/01/26, is hereby approved with greater than 20% Green Space, and the Landscaping Estimate Value remains the same. In accordance with Section 144-44(C)(1)(a)(2), a Certified Check amounting to 50% of the $19,290.00 Landscaping Estimate Value shall be deposited with the Town Clerk, ($9,645.00).

NG #73 TOWN OF ORCHARD PARK PROPOSED TOWN BOARD RESOLUTION RESOLUTION ADOPTING SCHEDULE A OF PARKING VIOLATION FINES AND AN ADDITIONAL PENALTY FOR FAILURE TO PAY OR CONTEST A PARKING TICKET WHEREAS, the Town Board of the Town of Orchard Park adopted Local Law No. 02-2026, amending Chapter 131 of the Code of the Town of Orchard Park concerning parking violations, tickets, penalties, and enforcement; and WHEREAS, Local Law No. 02-2026 provides for the Town Board to adopt by resolution a schedule of fines and surcharges for parking violations under Chapter 131; and WHEREAS, the Town Board seeks to establish consistent fines for ordinary parking violations occurring within the Town of Orchard Park outside the incorporated Village of Orchard Park; and WHEREAS, Local Law No. 02-2026 generally requires payment of, or a timely contest to, a parking ticket within ten (10) calendar days after issuance or mailing, unless otherwise provided by law. NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Orchard Park hereby adopts the attached "Schedule A — Parking Violations," establishing the base fines for the specified violations of Chapter 131; and be it further RESOLVED, that a person who fails to pay or contest a parking ticket within ten (10) calendar days after its issuance or mailing shall be assessed an additional penalty of twenty-five dollars ($25.00), in addition to the applicable base fine, subject to applicable law; and be it further RESOLVED, that this schedule applies only to the Chapter 131 violations specified in Schedule A and does not establish fines for separate New York State Vehicle and Traffic Law offenses; and be it further RESOLVED, that legally required surcharges and separately authorized towing, storage, removal, or immobilization charges may be assessed where applicable; and be it further RESOLVED, that this resolution and the attached Schedule A shall take effect on October 21, 2026, and shall apply to tickets issued on or after that date.

TOWN OF ORCHARD PARK SCHEDULE A — PARKING VIOLATIONS Applicable to the specified Chapter 131 violations within the Town of Orchard Park, outside the incorporated Village of Orchard Park. Town Code Violation Base Fine § 131-8(B) Parking in a designated and posted no-parking zone $50 § 131-9(B) Exceeding a posted parking time limit $50 § 131-9(C) Seasonal overnight parking, 1:00 a.m.-7:00 a.m., November 1— | $50 April 1 § 131-10(B) Parking in a marked loading zone other than for loading or $75 unloading § 131-11(C) | Parking in a designated and marked bus stop by a vehicle other | $75 than a bus § 131-11(C) | Parking in a designated and marked taxicab stand by a vehicle $75 other than a taxicab § 131-13 Parking or standing in an appropriately marked fire lane $100 ADDITIONAL PENALTY FOR FAILURE TO PAY OR CONTEST A parking ticket must be paid or contested within ten (10) calendar days after the date of issuance or mailing, unless otherwise provided by law. Failure to pay or contest within that period shall result in an additional twenty-five-dollar ($25.00) penalty added to the base fine. No such additional penalty shall be imposed on a ticket timely contested before the Town Justice Court. Base Fine Additional Penalty Total Due $50 $25 $75 $75 $25 $100 $100 $25 $125 APPLICATION AND LIMITATIONS This schedule does not set fines for separate New York State Vehicle and Traffic Law offenses, including driveway, sidewalk, crosswalk, fire-hydrant, and accessible-parking violations. Such offenses remain subject to applicable law. Section 131-12 concerns emergency traffic-direction authority and is not assigned a separate parking fine. Towing and storage charges under § 131-9(D), and other legally authorized charges, are separate from the base fines above. Only legally required surcharges and separately authorized costs may be added. The Town Justice Court retains its lawful authority over ticket dispositions.

TOWN OF ORCHARD PARK BUILDING INSPECTOR MONTHLY REPORT MONTH OF SEPTEMBER 2026 BUILDING PERMITS # OF VALUE BUILDING PERMITS # OF VALUE NEW CONSTRUCTION: ABOVE GROUND POOLS SINGLE DWELLING 7 3,213,900 INGROUND POOLS 4 274,200 DOUBLE DWELLING DECKS 3 77,867 APT/MULTI-FAMILY ELECTRICAL 6 14,324 COMMERCIAL 3 2,330,000 FENCES 9 90,260 ADDITIONS: GARAGE/ BARN / POLE BARN 3 167,940 RESIDENTIAL 3 187,000 GENERATORS 14 185,148 COMMERCIAL ' MISC. (OPERATING/ DEMO) 3 300 ALTER/REPAIR: 4 144,599 PORCH/PATIO 7 162,950 RESIDENTIAL SHEDS 17 181,043 COMMERCIAL / TENANT BO 1 60,000 SIGNS 5 51,150 COMMERCIAL MISC. 2 319,440 RESIDENTIAL MISC. 16 278,536 SOLAR PV SYSTEM 6 125,901. TOTAL: 113 7,864,558 INSPECTIONS NUMBER OF INSPECTIONS PER ZONE TOTAL TYPE: 1 2 3 4 NEW CONSTRUCTION: RESIDENTIAL 17 3 3 23 COMMERCIAL 3 2 13 18 ADDITIONS: RESIDENTIAL 3 3 4 1 11 COMMERCIAL 4 4 ALTER/REPAIR: RESIDENTIAL 4 5 6 1 16 COMMERCIAL / TENANT BO 1 6 4 11 ABOVE GROUND POOLS INGROUND POOLS 1 1 2 DECKS 5 2 3 3 13 ELECTRICAL 1 1 FENCES 1 1 GARAGE/BARN/POLE BARN 6 2 1 2 11 GENERATORS 2 2 4 MISC. 5 4 5 13 27 PROPERTY MAINTANICE 7 14 6 43 70 SHEDS 1 1 SIGNS SOLAR PV SYSTEM 1 1 FIRE INSPECTIONS 7 6 15 28 CLOSEOUT INSPECTIONS 1 1 TOTAL INSPECTIONS: 52 46 46 99 243 Meetings Attended Town Board Planning Board ZBA Court Tom Minor 2 2 1 Jacob Klahn 1 2 Natalie Nawrocki 1 Paul Tatkop 1 ZONING BOARD OF APPEALS: GRANTED: _. DENIED: A TABLED: } REMARKS: SIGNATURE: we “AU rt DATE: lof> 202 F/TOWN/BLOGINSP7MONTHLYREPORK2023