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 7th day of July, 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 Berkowit Town Attorney

Joseph M. Campion Building Inspector

Samuel M. McCune Police Chief

Michael R. Merritt Town Engineer

ABSENT: Ronald A. Geitter Superintendent of Highways

PUBLIC HEARING #1

At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of an Amendment to the Zoning Ordinance, which provides as follows:

Re-number the existing 144-44J as 144-44K, 144-44K as 144-44L, and 144-44L as 144-44M, Creating 144-44J, Lighting system design standards. Lightening system design standards shall be as follows:

144-44J. Lighting system design standards. Lighting system design standards shall be as follows:

§ Exterior lighting shall be arranged so that adjoining properties and streets are protected from glare and hazardous light intrusion and the illumination shall be limited to the extent necessary to insure public safety. Lighting fixtures shall be designed, sized and located so as not to cast direct rays of excessive brightness upon adjoining properties or cause glare hazardous to pedestrians or persons using adjacent streets.

§ Illumination shall not be used for the purpose of advertising or attracting attention to the principal use.

§ Lighting fixture height above grade shall not exceed fifteen (15) feet in or adjacent to residential properties, and in no instance shall they exceed twenty-five (25) feet above grade.

§ Illumination design levels shall conform to those levels recommended by the Illuminating Engineering Society of North America for the intended use.

§ Add to schedule of use Controls Permitted Principal Uses in all B, I, DR Zones:

§ Exterior Lighting must be approved by the Planning Board to comply with system design standards pursuant to Code Section 144-44J.

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 Supervisor stated that the public hearing was now open and asked if there was any interested person who desired to be heard.

Marvion Ashburn, 6326 Benning Road: He was concerned with how lighting systems interfere with drivers on the roadways and said he would be in favor of any ordinance that would address this issue.

John Bernard - of the Planning Board: stated that this is a necessary addition to the Zoning Ordinance, as they were handling this issue on a case by case basis without any specific ordinances addressing lighting.

Paul Zylinski, 7575 Ellicott Road: He questioned the terms of “glare & excessive light” and wanted to know if old lighting systems would be grandfathered in.

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

RESOLVED, that the Pubic Hearing in the matter of an amendment to the Town Code of Ordinances regarding the Re-number existing 144-44J as 144-44K, 144-44K as 144-44L, and 144-44L as 144-44M, Creating 144-44J Lighting system design standards, is hereby closed at 8:10 PM, (local time).

The resolution was unanimously adopted.

Supervisor Cudney said that the Town Board is going to review this ordinance before they make a decision.

Old Business #1 Contract for Consultant Engineering Services for Yard Waste Reclamation Center

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

WHEREAS, the Yard Waste Reclamation Center Consultant Selection Committee has completed it’s work, which was initiated with the preparation of a draft scope of work and an advertisement for the Request for Qualifications on March 27, 1999, and

WHEREAS, on April 23, 1999, 18 responses were received, and after careful review and interviews with four of the applicants, Clough Harbour & Associates was chosen as the most qualified consultant engineering firm for this project, and

WHEREAS, the Agreement negotiated with Clough Harbour includes planning, preliminary design, SEQR, final design and permitting for a lump sum fee of $61,000.00 (The project schedule calls for permit applications to be submitted to the NYSDEC by the end of this year with a construction start in the spring of 2000, and should be operational by mid summer with no surprises), and

WHEREAS, the proposed agreement with Clough Harbour does not include bid preparation, construction administration or post construction monitoring, but in the event that further assistance of the consultant is needed, at that time an appropriate fee or hourly rate will then be negotiated, and

WHEREAS, during the selection process, the committee learned that the overall cost of developing a new yard waste compost site will probably be greater than was originally anticipated, so in order to obtain permits from the NYSDEC, the Town will have to have a much more sophisticated operation than our present site on California Road, and even with the $275,000.00 in state aid that has been approved, there is little doubt that the Town will need to appropriate additional funds in the 2000 budget for the Consolidated Refuse and Garbage District in order to successfully complete the project, and

WHEREAS, currently there are insufficient funds remaining in this project account to pay for all of the design costs, and the Town Accountant has proposed to finance the engineering fees by using temporary borrowing from the general purpose Capital Reserve Fund, which is permissible based on the anticipated revenues that will be received from the 1996 New York State Clean Water Bond Act grant, and the consultant should be able to give the Town an estimate of total project costs for budgetary purposes this fall,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Clough Harbour & Associates LLP, 295 Main Street, Buffalo, New York , 14203 to provide engineering services for the Yard Waste Reclamation Center Project at a fee not to exceed $61,000.00, as recommended by the Town Engineer.

The resolution was unanimously adopted.

Old Business #2 Release of Street Lighting Escrow for Stonehenge Subdivision, Part 7, PIP 98-02

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

WHEREAS, the required decorative street lighting standards along with all wire and conduit have now been installed for PIP #98-02 and the work has been inspected by the Engineering Department and found to be in compliance with Town specifications,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the Town Clerk to release the $13,000.00 held in escrow under PIP #98-02 for the completion of decorative street lighting in the Stonehenge Subdivision, Part 7 to Peter Liberatore, as recommended by the Town Engineer.

The resolution was unanimously adopted.

Old Business #3 Release of Street Lighting Escrow:Stonehenge Subdivision, Part 8, Phase 3, PIP 98-05

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

WHEREAS, the required decorative street lighting standards along with all wire and conduit have now been installed for PIP #98-05, and the work was inspected by the Engineering Department and found to be in compliance with Town specifications,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the Town Clerk to release the $13,000.00 held in escrow under PIP #98-05 for the completion of decorative street lighting in the Stonehenge Subdivision, Part 8 Phase 3 to Erminio Liberatore, as recommended by the Town Engineer.

The resolution was unanimously adopted.

Old Business #4 Release of Escrow for Chestnut Ridge Village Subdivision, Part 3, PIP 98-08

5) THE FOLLOWING RESOLUTION AND ORDER WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED IT’S ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

WHEREAS, in December of 1998 the Town accepted dedication of PIP #98-08, and at that time, weather sensitive work items were incomplete, and the Town required $5,000.00 cash to be held as security for the unfinished work, and

WHEREAS, final restoration (topsoil, grading and seeding) has now been satisfactorily completed in conformance with Town construction standards and specifications,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the Town Clerk to release to Tom Greenauer Development, P.O. Box 250, Springbrook, New York 14140 the $5,000.00 cash security held in escrow for the completion of restoration for Part 3 of the Chestnut Ridge Subdivision, PIP #98-08, as recommended by the Town Engineer.

The resolution was unanimously adopted.

Old Business #5 Release Escrow for the final restoration for the Pouthier Estate Subdivision PIP 98-07

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

WHEREAS, in January of this year the Town accepted dedication of the sanitary sewer main constructed for Pouthier Estates Subdivision, PIP #98-07, and at that time, weather sensitive work items were incomplete, and the Town required $1,000.00 cash to be held as security for the unfinished work, and

WHEREAS, final restoration (topsoil, grading and seeding) has now been satisfactorily completed in conformance with Town construction standards and specifications,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the Town Clerk to release to Tom Greenauer Development, P.O. Box 250, Springbrook, New York 14140 the $1,000.00 cash security held in escrow for the completion of restoration for the Pouthier Estates Subdivision Sanitary Sewer Extension, PIP #98-07, as recommended by the Town Engineer.

The resolution was unanimously adopted.

Old Business #6 Multi-Family Rezoning Request of Woodbridge Construction for New Taylor Road

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

WHEREAS, Woodbridge Construction, Inc. has petitioned for re-zoning of certain property on Taylor Road in Orchard Park, for re-zoning from I-1 to R-3; and

WHEREAS, a hearing has been conducted with regard to such application; and

WHEREAS, the Planning Board has recommended that the application for re-zoning be denied; and

WHEREAS, there has been no recommendation from the Erie County Planning Board; and

WHEREAS, this resolution will have no significant impact on the environment;

NOW, THEREFORE, be it

RESOLVED that the application is denied for the following reasons:

1. This premises has been zoned I-1 for more than ten (10) years and is an integral part of the industrial zone along Route 219;

2. The premises is appropriate for light industrial development;

3. The current owner of the premises has purportedly received an offer in the recent past for purchase of the property for industrial development; and

4. The current owner may reasonably utilize his land for industrial uses.

Before the vote was taken Councilman Buyer stated that the loss of further industrial land is the most significant issue. Councilman Mills added that the Town’s philosophy on zoning Industrial property is to maintain the integrity, to further broaden the tax base. He also stated it is a very nice project, but it doesn’t fit in with the twenty year growth projection of industrial land usage in the Town of Orchard Park. Supervisor Cudney stated that the Town Board carefully reviewed the full Environmental Impact Statement and tax impact analysis presented by the Woodbridge Construction Group. Although Supervisor Cudney felt it was a fine project, she said rezoning at this time would be premature because the Town is currently reevaluating it’s Comprehensive Master Plan, and to make any changes prior to the plan being completed would not be wise. Councilman McCarville commented that it was a difficult decision and reiterated the previous comments of the Town Board.

The resolution was unanimously adopted.

New Business #1 Authorize advertisement or bids for Summit Avenue gutter construction

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

WHEREAS, the Town Highway Department has started the reconstruction of Summit Avenue, and the new road section will have a closed drainage system and standard concrete gutters along each side of the pavement, and

WHEREAS, the Town Highway Department does not have the capability of installing the amount of concrete gutters required for this project and because the cost is estimated at over $10,000.00, the gutter work must be contracted through the formal bidding process, and

WHEREAS, this project is being partially financed with Community Development Block Grant Funds and is subject to all federal rules and regulations relative to the hiring of minorities and minority business enterprises,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize advertisements in the Southtowns Citizen, the Buffalo News and the Buffalo Challenger for sealed bids to be opened for Concrete Gutter installation on Summit Avenue Reconstruction Project at 11:00 AM on July 26, 1999 in the Supervisor’s Conference Room at the Orchard Park Municipal Center, as recommended by the Town Engineer.

The resolution was unanimously adopted.

New Business #2 Authorize advertisement for bids for the Quaker Centre Industrial Park Project

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

WHEREAS, the consultant engineer for the Quaker Centre Industrial Park Project, Phase 5 & 6, Pratt & Huth Associates, has completed the plans and specifications for the extension of Cobham Drive and the improvements to the Centre Drive /Rte 20A intersection, and the final engineer’s estimate is within the amounts allocated for the various funding sources for this project, and

WHEREAS, even though the design plans have received preliminary approval from all of the involved agencies, there are several approvals that must be formally granted before construction actually begins:

§ Easements are needed from several property owners, which the Town Attorney is in the process of obtaining the necessary signatures

§ Approval of a nationwide permit for disturbance to federal wetlands by the Corps of Engineers is pending, issuance of this permit will trigger final approvals from the Erie County Health Department for sanitary sewers and waterlines

§ The NYSDOT has requested the Town to pay a $2,000.00 review fee before the work involved in the State right-of-way, which the Town has contested, unsuccessfully so far, and

WHEREAS, it is important that the Town moves the process along in order to complete the project this construction season, as the developer of the industrial park has submitted a site plan to the Planning Board to construct a 18,650 SF building that will need access from the Cobham Drive extension by the end of the year,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize advertisements in the Southtowns Citizen and the Buffalo News for sealed bids to be opened for the Quaker Centre Industrial Park Project, Phases 5 & 6 at 11:00 AM on July 26, 1999 in the Supervisor’s Conference Room at the Orchard Park Municipal Center, as recommended by the Town Engineer.

The resolution was unanimously adopted.

New Business #3 Schedule Special Meeting of the Town Board to Award Bids

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

WHEREAS, the bids for the Quaker Centre Industrial Park, Phases 5 & 6, and for the Concrete Gutter Installation on the Summit Avenue Reconstruction Project will be opened on Monday, July 26, 1999, and

WHEREAS, the construction season is relatively short in Western New York region, and it would be prudent to have these two projects started as soon possible in order to have them successfully completed this year, and

WHEREAS, the bids should be able to be reviewed within two days of the opening,

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to schedule a special meeting of the Town Board on Wednesday, July 28, 1999 at 6:30 PM (local time) in the Supervisor’s Conference room of the Orchard Park Municipal Center for the purpose of awarding the bids for the Quaker Centre Industrial Park Project, Phases 5 & 6 and the Concrete Gutter Installation on the Summit Avenue Reconstruction Project, as recommended by the Town Engineer.

The resolution was unanimously adopted.

New Business #4 Approve the 1999 Stable Permit for Long Snap Stables

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

RESOLVED, that the Town Board does hereby approve the 1999 Stable Permit for Long Snap Stables, 6160 Benning Road, as recommended by the Building Inspector.

The resolution was unanimously adopted.

New Business #5 Approve request of Independence Heights to hold 8th Annual Block Party

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

RESOLVED, that the Town Board does hereby approve the request of Independence Heights to hold their 8th Annual Block Party on Sunday July 18, 1999, in the cul-de-sac, and to have barricades set up.

The resolution was unanimously adopted.

New Business #6 Approve request of Pleasant Acres Development to hold their Annual Block Party

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

RESOLVED, that the Town Board does hereby approve the request of Pleasant Acres development to hold their Annual Block Party on Saturday July 31, 1999, and to have barricades set up.

The resolution was unanimously adopted.

New Business #7 Appoint Cleaner Attendant I

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

WHEREAS, the Town posted a job opening for a Cleaner Attendant I, in compliance with Article 9 § 904 of the Collective Bargaining Unit of the Orchard Park Civil Service Employees Union, and no employees were interested in this position

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby appoint Daniel A. DiPirro, 25 Larned Lane, Orchard Park New York 14127, to the position of Cleaner Attendant I, at a Civil Service range 001, Step A, effective July 12, 1999, with a six month probation.

Before the vote was taken Supervisor Cudney stated that Mr. DiPirro has been working part-time at the Senior Center and has done a satisfactory job.

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Nay

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was duly adopted.

New Business #8 Authorize outdoor display at Taffy’s Hot Dogs for a 50th Anniversary event

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

RESOLVED, that the Town Board does hereby authorize an outdoor display at Taffy’s Hot Dog Stand, 3261 Orchard Park Rd., for a 50th Anniversary event, from Thursday, July 8 to July 25, 1999, and on July 25th, from 1 :00 PM to 9:00 PM, Taffy’s will have their 50th Anniversary Party, with a band and other events.

Before the vote was taken Councilwoman Ackerman, on behalf of the Town Board, congratulated Taffy’s on their 50 years of service in Orchard Park and Councilman Mills stated that the Town Board is going to draw up a proclamation for Taffy’s 50 years of service in the Town of Orchard Park, and it will be presented at the next meeting.

The resolution was unanimously adopted .

New Business #9 Award the contract for resurfacing of the Municipal Building parking lot.

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

WHEREAS, bids for sealing the Municipal Building parking lot were solicited from three local contractors, and

WHEREAS, the bids were all reviewed and the Town Board found Tom Greenhauer Development, Inc., to be the apparent lowest responsible bidder

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby award the contract to reseal the Municipal Building parking lot to Tom Greenhauer Development, Inc., Springbrook, N.Y. for $2,775.00.

The resolution was unanimously adopted .

New Business #10 Authorize an outside display for Kmart, 3195 Southwestern Blvd.

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

RESOLVED, that the Town Board does hereby authorize an outside display at Kmart, 3195 Southwestern Blvd. for the Sports Illustrated For Kids Roadtrip Tour.

The resolution was unanimously adopted .

New Business #11 & 12 Refer to Planning Board and Conservation Board

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

RESOLVED, that the Town Board does hereby refer the request of Robert J. Ellis, to rezone 3415 Orchard Park Road from R-3 to B-2, and the request for Change of Use for the residential building on that property to a business office, to the Planning Board and the Conservation Board.

The resolution was unanimously adopted .

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

RESOLVED, that the Town Board does hereby refer the request of Steven Haas to rezone vacant property on Southwestern Blvd. from R-3 to B-2 to relocate his business, Gymnastics Unlimited, to the Planning Board and the Conservation Board.

The resolution was unanimously adopted .

ELECTED OFFICIALS & DEPARTMENT HEADS

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

WHEREAS, the Town has received funding from New York State relating to administrative expenses of the STAR program, and

WHEREAS, the Town wishes to allow the Town Assessor to expand such aid for necessary costs of administering the STAR program, and

WHEREAS, such funding was closed to fund balance at the end of the Town’s 1998 fiscal year,

NOW, THEREFORE, be it

RESOLVED, that the Town Board hereby authorizes the amending of the 1999 adopted budget to appropriate $8,489.00 of General Fund-Fund Balance and to authorize additional appropriations of $8,489.00 in account A1355.427 “STAR expenses”. These funds representing the remaining aid for administration of the STAR program, as recommended by Deloitte & Touche, the Town Accounting firm.

The resolution was unanimously adopted .

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

RESOLVED, that the Town Board of the Town of Orchard Park agrees to co-sponsor an application submitted by the YMCA of Greater Buffalo to the New York State Office of Parks, Recreation and Historic Preservation, and be it further

RESOLVED, the YMCA intends to request $ 500,000 to support in part the $ 1.25 million Phase I acquisition and development of the Ismailia Shrine located in the Town of West Seneca, and be it further

RESOLVED, the Grant Funds will be matched by the YMCA of Greater Buffalo with $ 750,000 in cash.

The resolution was unanimously adopted .

Supervisor Cudney said the NYSDOT has scheduled to be in the Village tomorrow to re-stripe the roads as the three lane alternative. She stated this has been suggested by the NYSDOT. They also are going to adjust the traffic signal with a turn arrow at the four corners, and then study the impact this will have on the intersection. Supervisor Cudney stated that the Town has received a letter from the NYS Office of Comptroller regarding the Town’s Annual Report and Audit which cited an issue with the Town’s allocation of the Sales Tax under the Tax Law §1262C. The issues cited were addressed in a letter from the Supervisor to the Comptroller’s Office, which pointed out the Towns position on the report and how the Town does adhere to the Tax Law §1262C.

Councilman Mills talked about the NYSDOT meeting in Hamburg regarding the constructing of sidewalks on Route 20, from Hamburg to Orchard Park. He stated that he, along with Councilmembers Buyer and McCarville, objects to having the sidewalks put in on Route 20, as the residential growth along that roadway is limited, and the funds would be better used to repair other sites. The proposed construction is not scheduled for three years, which gives the Councilmembers time to lobby the State. Councilman Mills then discussed a letter from the Zoning Commission Chairman, John Bernard, in which he stated that if the Town is going to adopt, and implement, the new Zoning guidelines, and hire a part-time Code Enforcement Officer, the Town should send out a pamphlet stating these guidelines to the residents as many of the people are unaware of what the requirements are. Councilman Mills stated that he attended the combined meeting of the Southtown Sewer Association and Sanitary Sewer District 3's budget meeting in which it was announced that the unit charge will remain at $162.00 for the fifth year in a row.

Councilman Buyer also attended the NYSDOT meeting in Hamburg and said that he was not optimistic about the State understanding the needs of Orchard Park. He felt that State looks on Southwestern Blvd./ Route 20 as a Sheridan Drive/Niagara Falls type area, which it isn’t. Councilman Buyer then stated that Neil Pharmacy would be closing it’s doors for good, and this is a sad set of circumstances because there is very little retail left in the Village of Orchard Park. He feels that the Town and Village should take a good look at the “Four Corners” area and see what needs to be done to revitalize it and attract new businesses into the Village instead of outlying areas.

Councilwoman Ackerman said that the Community Resource Guide, that the Recreation Commission published, is a good guide to all the services in Town, and that they plan to produce this every two years. Councilwoman Ackerman asked who would stripe the Municipal Parking lot after it is sealed, and Town Engineer Mike Merritt stated that the Town has an agreement with the Village to provide this service when needed.

Councilman McCarville stated that he is following up with the NYSDOT regarding the intersection of Chestnut Ridge Road & Powers Road, and that the NYSDOT is still gathering information before they decide if a full traffic signal is needed. Councilman McCarville, who also attended the Hamburg NYSDOT meeting, stated that it looks like the State has a current policy of putting in sidewalks when they redo the roads, and hopes that they will change this soon.

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

RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #13, following auditing by members of the Town Board and in the funds indicated:

General Fund	$123,301.82
Part Town Fund	$ 4,058.45
Risk Retention	$ 12,293.71
Highway Fund	$ 32,433.82
Special District Fund	$122,933.06
Trust & Agency Fund	$ 4,825.08
Capital Fund	$ 65,683.82

The resolution was unanimously adopted.

23) 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 Reports as entered on the agenda: 1) Conservation Board Annual Report 2) Police of Chief Monthly Report for June, 1999.

The resolution was unanimously adopted.

BUSINESS FROM THE FLOOR

Frank Downing -3050 Orchard Park Road: Developer of Auto Mall on Southwestern Blvd. requested that the Town Board approve a request to move an already approved access road 25 feet south of the original road proposal due to easement restrictions. He is under time constraints, or he would have followed the normal procedure. The Town Board discussed this with Mr. Larivey, who is the neighbor that this will affect, and he had a few questions regarding future building by West Herr and who owned the road and maintained it. Supervisor Cudney explained West Herr would have to go before the Town Board in order to do any more building, and that the access road is privately owned and maintained. The Town Board did discuss this further and then made the following motion.

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

RESOLVED, that the Town Board does hereby approve the request of Frank Downing to move the already approved access road to West Herr, south 25 feet, as shown on the plans submitted to engineering, and be it further

RESOLVED that this approval is contingent on a letter from the neighbors, that they are satisfied with the proposals made to mitigate the impact on them, and contingent on the approval from the Engineering Department, including the fact that the buffer zone, and fence, will be maintained by Mr. Downing’s organization.

Before the vote was taken Supervisor Cudney said the Town Board was approached by Mr. Downing with this request because the road could not go in the original location, and due to time constrains, the Planning Board was unable to review and give comment. Mr. Downing was extremely accommodating to the neighbors by planning a fence and even more landscaping, which will give an even greater buffer zone, and the neighbors have agreed to this. Councilman Buyer stated that he and Councilman McCarville walked this area after the proposal and feel confident that this is a reasonable thing to do.

The resolution was unanimously adopted.

Don Eppers, 84 Orchard Terrace: He applauded the Town Board for their complete analysis of the Woodbridge rezoning application, and for making a difficult decision based on their findings.