A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 1st day of December, 1999 at 8:00 P.M., (local time). The meeting was called to order by the Supervisor and there were

PRESENT AT ROLL CALL: Toni M. Cudney Supervisor

John J. Mills Councilman

David M. Buyer Councilman

Nancy W. Ackerman Councilwoman

Steven P. McCarville Councilman

Janis A. Colarusso Town Clerk

Leonard Berkowitz Town Attorney

Samuel McCune Chief of Police

Michael R. Merritt Town Engineer

ABSENT: Joseph M. Campion Building Inspector

Ronald A. Geitter Superintendent of Highways

Old Business #1 Change Order to Bits & Bytes Contract

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

WHEREAS, in June 1999, the Town Board awarded a contract to Bits & Bytes Computers for computer hardware, software, and installation for $ 23,427.35 and

WHEREAS, the following changes to the original bid are recommended for approval as a change order

1. Software changes: The original bid spec was for three (3) copies of PC ANYWARE. Only two copies were required and installed. The original bid spec was for nine (9) copies of MICROSOFT OFFICE – Small business version. Because of a special offer on the retail price of MICROSOFT OFFICE PRO 97 nine (9) copies of the upgraded OFFICE PRO 97 software were installed. The original tape backup system in the Assessor’s Office that was listed on the bid spec, was no longer available, therefore, a newer version of the tape backup was installed. All of these changes resulted in a net increase to the software costs of $ 14.90 more than the original bid.

2. Hardware changes: One additional work station was installed in the Building Inspector’s Office and the Engineering Department required upgraded megabyte cards of 16 MB (the original bid spec was for 8 MB cards). The costs for these hardware changes are $ 844.00 for the Building Inspector’s workstation and $ 132.00 additional for Engineering’s 16-MB cards.

NOW THERFORE, be it

RESOLVED, that the Town Board does hereby authorize a change order to the original contract with Bits & Bytes for a total increase of $ 990.90 for software and hardware changes.

The resolution was unanimously adopted.

New Business #1 Jerome Orffeo, 5511 S. Abbott Rd: Requesting Out-of-Water District Customer

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

RESOLVED, that the Town Board does hereby consider the request of Jerome Orffeo, 5511 South Abbott Road, to become an Out-of-Water-District Customer with the Town of Hamburg, refer to the Town Attorney, Town Assessor and the Town Engineer.

The resolution was unanimously adopted.

New Business #2 Application to NY State Industrial Access Grant Program for Cobham Drive Ext.

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

WHEREAS, the Town of Orchard Park is planning on extending Cobham Drive in Quaker Centre Industrial Park and;

WHEREAS, the many existing businesses in the Park have notified the Town of proposed expansion plans over the next five years resulting in new job creations of over 140 jobs and;

WHEREAS, these businesses have expressed serious concerns over the adequacy of Centre Drive to handle the increased traffic and;

WHEREAS, Phases V and VI will extend Cobham Drive to Rt. 20 A allowing for a second ingress and egress and;

WHEREAS, the Industrial Access Grant is in the form of 60% grant funding and 40% loan funding at 0% interest over a 5 year period;

NOW, THEREFORE, be it

RESOLVED, that the Town Board of Orchard Park duly authorizes Supervisor Toni M. Cudney to request $ 951,500 ($ 570,900 in grant funding and $ 380,000 in loan funding) under the New York State Department of Transportation Industrial Access Program for the extension of Cobham Drive. The Town will repay the loan over a 5-year period at 0% interest.

The resolution was unanimously adopted.

New Business #3 NY State Office of Children and Family Services 1999-2000 Grant/Agreement

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:

RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the Agreement with the New York State Office of Children and Family Services to receive the award for $ 4,000.00 to be used for a youth soccer program with the equipment available for use at all of the Town owned playgrounds.

The resolution was unanimously adopted.

ELECTED OFFICIALS & DEPARTMENT HEADS

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

WHEREAS, the Town’s Police Department has been successful in obtaining a Traffic Safety grant in he amount of $ 8,100.00 and

WHEREAS, the Town must spend this amount in accordance with the grant agreement to receive reimbursement from the granting agency, and

WHEREAS, the funding for these additional grant expenditures are not included in the Town’s 1999 Adopted Budget

NOW THEREFORE, be it

RESOLVED, that the Town Board hereby authorizes the amending of the 1999 Adopted Budget to grant additional appropriations and estimated revenues of $ 8,100.00 in the following Town accounts:

Increase Estimated Revenues:

A.4510 Federal Aid - Traffic Safety $ 8,100.00

Increase Appropriations:

A.3120.000.225 Police - Other Equipment $ 4,640.80

A.3120.000.100 Police - Personal Services $ 3,459.20

The resolution was unanimously adopted.

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

WHEREAS, the Town’s Police Department has been successful in obtaining a grant to assist in the Town’s purchase of a breath testing instrument, and

WHEREAS, the Town’s share of the cost of obtaining this equipment is included in the Town’s 1999 budget, and

WHEREAS, the funding for the grant share for the purchase of such equipment is not included in the Towns 1999 budget,

NOW, THEREFORE, be it

RESOLVED, that the Town Board hereby authorizes the amending of the 1999 Adopted Budget to authorize additional appropriations and estimated revenues of $ 2,387.50 (which is the grant share of the total cost of $ 4,775.00 for purchase of the breath testing instrument) in the following Town accounts:

Increase Estimated Revenues:

A.3389 State Aid – Public Safety $ 2,387.50

Increase Appropriations:

A.3120.000.225 Police – Other Equipment $ 2,387.50

The resolution was unanimously adopted.

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

WHEREAS, the Town’s Police Department has been successful in obtaining a “Buckle Up New York” grant in the amount of $ 7,500.00, and

WHEREAS, the Town must spend this amount in accordance with the grant agreement to receive reimbursement from the granting agency, and

WHEREAS, the funding for these additional grant expenditures are not included in the Town’s 1999 budget,

NOW, THEREFORE, be it

RESOLVED, that the Town Board hereby authorizes the amending of the 1999 adopted budget to authorize additional appropriations and estimated revenues of $7,500.00 in the following Town accounts:

Increase Estimated Revenues:

A.3390 State Aid – Public Safety $ 7,500.00

Increase Appropriations:

A.3120.000.101 Police – Personal Service – Grant $ 7,500.00

The resolution was unanimously adopted.

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

RESOLVED, that the Town Board does hereby approve the following budget transfers, as recommended by the Highway Superintendent:

$ 500.00 From: A.5010.413 Travel & Conference

To: A.5010.400 Office Supplies (New Fax Machine)

$ 3,000.00 From: A.7110.216 Green Lake Improvement

To: A.7110.149 Part Time Labor

$ 2,500.00 From: A.7110.217 Tennis Court Maintenance

To: A.7110.402 Supplies

$ 5,000.00 From: A.7110.217 Tennis Court Maintenance

To: A.7110.149 Part Time Labor

$ 1,200.00 From: A.7110.447 Fencing

To: A.7110.446 Small Equipment Repairs

$ 7,000.00 From: A.7110.476 Green Lake Testing

To: A.7110.149 Part Time Labor

$ 1,800.00 From: A.7110.449 Channel Cleaning

To: A.7110.216 Green Lake Improvements

$ 300.00 From: A.7110.422 Gas

To: A.7110.425 Portable Bathrooms

$ 350.00 From: A.5132.442 Gas

To: A.7110.423 Water

$ 15,000.00 From: DA.5142.419 Other Expenses

To: DA.5142.402 Supplies (Salt)

Councilman Mills explained that the Highway Superintendent is responsible for the Parks & Grounds as well as the highway, therefore, that is the reason for all the transfers at the end of the year.

The resolution was unanimously adopted.

Supervisor Cudney discussed the communication from Erie County Department of Emergency Services concerning Y2K Emergency Services for Erie County on New Year’s Eve. She stated that at 10:00 P.M., on December 31, 1999, the County will be staffing an Emergency Operations Center. The local fire departments and emergency squads have been asked to staff their buildings as well. At 2:00 A.M. on January 1, 2000, the situation will be reevaluated and if no significant problems have been identified, the Emergency Operations Center will release the participants, but will keep the Center operational until 5:00 P.M., January 3, 2000.

Supervisor Cudney has plans to form a “Citizen Task Force” for celebrations within the community for the first year of the new Century of the new Millennium. Some citizens have already met with the Supervisor and have several hopeful historical ideas to leave a legacy for the future. Supervisor Cudney asked anyone interested in being a part of the Task Force to contact her office.

Supervisor Cudney thanked everyone who donated time and money with the Holiday Wreath lighting. Supervisor Cudney thanked International Brotherhood of Electrical Workers Local 45 for the wiring, the Southtowns Citizen for coverage and advertising, the Orchard Park Chamber of Commerce, especially the director Nancy Conley the Village DPW, the Highway Department, especially Highway Superintendent Ron Geitter, Councilwoman Ackerman and all the citizens who participated.

Councilman McCarville stated that the Y2K contingency plan in the Town is close to completion and he will comment more on this at the next meeting.

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

RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant # 23, following auditing by members of the Town Board and in the funds indicated:

General Fund	$114,591.25
Part Town Fund	$ 3,346.23
Risk Retention	$ 2,347.42
Highway Fund	$ 60,759.51
Special Districts	$ 3,598.70
Trust & Agency	$ 5,433.98
Capital Fund	$ 158.11

The resolution was unanimously adopted.

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

RESOLVED, that the Town Board is hereby authorized to receive and file the following communications: 1) Erie County Department of Emergency Services notification of Y2K preparedness plan for Erie County Emergency Operations Center, 2) National Fuel Emergency Information.

The resolution was unanimously adopted.

BUSINESS FROM THE FLOOR

There being no business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman McCarville, the meeting was adjourned at 8:21 P.M.