Town Board - June 16, 1999

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 16th day of June, 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

Joseph M. Campion Building Inspector

Samuel M. McCune Police Chief

Michael R. Merritt Town Engineer

ABSENT: Ronald A. Geitter Superintendent of Highways

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

RESOLVED, that the minutes of the regular meetings of the Town Board, held on June 2, 1999, as presented by the Town Clerk, are hereby approved, and be it further,

RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.

The resolution was unanimously adopted.

PUBLIC HEARING #1

The Town Clerk stated that a public hearing had been called for this meeting at the Town Hall, in said Town, at 8:00 o'clock P.M., (prevailing time) to consider an increase in the amount to be expended for improvements to Cobham Drive, in the Town. The Town Clerk presented affidavits showing that copies of the Notice of said public hearing had been published, posted and mailed pursuant to the provisions of Article 12 of the Town Law.

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

Art Weibel, a representative of Curbell:Had some questions about traffic and how the assessment would be handled.

The following persons appeared in favor of the increase in amount to be expended for the proposed improvement:

No one spoke.

The following persons appeared in opposition to the increase in amount to be expended for the proposed improvement: No one spoke.

The Town Clerk reported that the following pertinent written communications had been received and such written communications, if any, were read to the meeting: There was none.

The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed at 8:14 PM.

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

Resolution of the Town of Orchard Park, New York, Adopted June 16, 1999, Approving an Increase in the Amount to Be Expended for THE CONSTRUCTION OF IMPROVEMENTS TO COBHAM DRIVE, IN THE TOWN.

Recitals

WHEREAS, a petition dated June 14, 1988, was filed with the Town Board of the Town of Orchard Park (the "Town Board" and "Town", respectively), in the County of Erie, New York, pursuant to Section 200 of the Town Law of the State of New York, for the improvement of that portion of the 60 foot right-of-way known as Cobham Drive, from the northerly terminus of the present pavement on Centre Drive to the portion of the creek lying directly north of such terminus, on which it is proposed to construct or cause to be constructed, approximately 2800 linear feet and a bridge of paving according to Town of Orchard Park specifications (the "Street Improvement");

WHEREAS, said petition has been duly signed by the owners of real property fronting or abutting on at least one half of the entire frontage or bounds on both sides of said street, highway or portion thereof, as aforesaid; and

WHEREAS, said petition was duly acknowledged or approved by the signors thereof in the same manner as a deed to be recorded; and

WHEREAS, the maximum amount proposed to be expended for the Street Improvement as stated in the petition, is the sum of $1,241,500.00; and

WHEREAS, the petition provided that the cost of said improvement shall be borne by local assessment upon the several lots and parcels of land especially benefited thereby, all as stated in said petition and as more fully provided by applicable law;

WHEREAS, due to increased costs of materials and labor, the estimated total cost of said Street Improvement is now estimated to be $1,441,500, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $200,000, from $1,241,500 to $1,441,500; and

WHEREAS, subsequent to the filing of the petition in June, 1988, the Town Board thereafter on May 19, 1999 adopted an Order Calling Further Public Hearing reciting in general terms the filing of such Petition, the improvements proposed, the increased maximum amount proposed to be expended for the improvements and the area benefitted as stated in the Petition, and stating that the Town Board would meet to hear all persons interested in the improvement of Cobham Drive, in the Town, as described in the Petition, on June 16, 1999, at 8:00 o'clock P.M. (Prevailing Time) at the Town Hall, in the Town; and

WHEREAS, copies of such Notice were duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law; and,

WHEREAS, such public hearing was duly held by the Town Board on this 16^th day of June, 1999, at the Town Hall, and considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to the improvement of Cobham Drive, in the Town;

NOW THEREFORE, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF ORCHARD PARK, IN THE COUNTY OF ERIE, NEW YORK, AS FOLLOWS:

Section 1. It is hereby determined that:

a. the notice of public hearing, hereinabove referred to in the recitals hereof, was published, posted and mailed as required by law and is otherwise sufficient;

b. it is in the public interest to so improve Cobham Drive, in the Town, as referred to in the Recitals hereof;

c. real property fronting or abutting upon both sides of said portion of Cobham Drive is benefitted thereby.

Section 2. Improvements shall be constructed on Cobham Drive, in the Town, as referred to in the Petition heretofore received by the Town, such improvements to be constructed at a cost not to exceed $1,441,500, the maximum amount proposed to be expended therefor as stated in the Order Calling Further Public Hearing.

Section 3. Definite plans and specifications and a careful estimate of the increased expense of said improvement have been or shall be prepared by the engineers engaged or to be engaged by the Town, and the Town Board, with the assistance of the Town Attorney, has prepared or shall prepare a contract for the execution of the work, which plans and specifications, estimate and proposed contract have been or shall be presented to the Town Board.

Section 4. It is hereby determined that the increased expense of said improvement shall be financed by the issuance of not to exceed $1,441,500 serial bonds of the Town and the levy and collection of assessments from the several lots and parcels of land within the Town which the Town Board shall determine and specify to be especially benefitted by said improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable.

Section 5. This resolution shall take effect immediately.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Aye

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was unanimously adopted.

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

Resolution of the Town of Orchard Park, New York, Adopted June 16, 1999, Amending the Bond Resolution Adopted July 6, 1988.

Recitals

WHEREAS, the Town Board of the Town of Orchard Park, in the County of Erie, New York, has heretofore duly authorized the improvement of that portion of the 60 foot right-of-way known as Cobham Drive, from the northerly terminus of the present pavement on Centre Drive to the portion of the creek lying directly north of such terminus, on which it is proposed to construct or cause to be constructed, approximately 2800 linear feet and a bridge of paving according to Town of Orchard Park specifications (the "Street Improvement"), pursuant to a June 1988 petition which was filed with the Town Board of the Town of Orchard Park (the "Town Board" and "Town", respectively), in the County of Erie, New York, pursuant to Section 200 of the Town Law of the State of New York; and

NOW THEREFORE, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF ORCHARD PARK, IN THE COUNTY OF ERIE, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS:

Section (A) The bond resolution of said Town duly adopted by the Town Board on July 6, 1988, entitled:

"Bond Resolution of the Town of Orchard Park, New York, adopted July 6, 1988, authorizing the construction of a road to be known as Cobham Drive, stating the estimated maximum cost thereof is $1,241,500, appropriating said amount therefor, and authorizing the issuance of $1,241,500 serial bonds of said Town to finance said appropriation."

is hereby amended to read as follows:

JUNE 16, 1999, AUTHORIZING THE CONSTRUCTION OF A ROAD TO BE KNOWN AS COBHAM DRIVE, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,441,500, APPROPRIATING SAID AMOUNT THEREFOR, AND BOND RESOLUTION OF THE TOWN OF ORCHARD PARK, NEW YORK, ADOPTED JULY 8, 1988 AND AMENDED AUTHORIZING THE ISSUANCE OF $1,441,500 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION.

Recitals

WHEREAS, a petition was filed with the Town Board of the Town of Orchard Park (the "Town Board" and "Town", respectively), in the County of Erie, New York, pursuant to Section 200 of the Town Law of the State of New York, for the improvement of that portion of the 60 foot right-of-way known as Cobham Drive, from the northerly terminus of the present pavement on Centre Drive to the portion of the creek lying directly north of such terminus, on which it is proposed to construct or cause to be constructed, approximately 2800 linear feet and a bridge of paving according to Town of Orchard Park specifications (the "Street Improvement"); and

WHEREAS, said petition was duly acknowledged or approved by the signors thereof in the same manner as a deed to be recorded; and

WHEREAS, the maximum amount proposed to be expended for the Street Improvement as stated in the petition, is the sum of $1,241,500.00; and

WHEREAS, such public hearing was duly held by the Town Board on this 16^th day of June, 1999, at the Town Hall,

NOW THEREFORE, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF ORCHARD PARK, IN THE COUNTY OF ERIE, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS:

Section 1. The Town hereby appropriates the amount of $1,441,500 for the improvement of that portion of the 60 foot right-of-way known as Cobham Drive, from the northerly terminus of the present pavement on Centre Drive to the portion of the creek lying directly north of such terminus, on which it is proposed to construct or cause to be constructed, approximately 2800 linear feet and a bridge of paving according to Town of Orchard Park specifications (the "Street Improvement") all in accordance with the map, plan and report prepared by the Town Engineer, an engineer duly licensed by the State of New York, on file in the office of the Town Clerk and hereby approved. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,441,500 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $1,441,500 serial bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefitted thereby, so much upon and from as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable.

Section 2 Serial bonds of the Town are hereby authorized to be issued in the principal amount of $1,441,500, pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation.

Section 3 The following additional matters are hereby determined and declared:

a. the period of probable usefulness of the specific object or purpose for which said $1,441,500 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 20© of the Law, is fifteen (15) years.

b. The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

c. The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

Section 4 Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds, shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 5 Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

Section 6 The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if:

a. such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

b. the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or

c. such obligations are authorized in violation of the provisions of the constitution.

Section 7 This bond resolution, as amended, shall take effect immediately.

Section B The amendment of the resolution set forth in Section A of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said resolution as herein amended.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Aye

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was unanimously adopted.

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

Resolved by the Town Board of the Town of Orchard Park, in the County of Erie, New York, as follows:

Section 1 The Town Clerk is hereby authorized and directed to publish the foregoing resolution, as amended, in summary, in the "SOUTHTOWNS CITIZEN," a newspaper having a general circulation in said Town and hereby designated as the official newspaper of the Town for such publication, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Local Finance Law of the State of New York.

Section 2 This resolution shall take effect immediately.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Aye

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was unanimously adopted.

PUBLIC HEARING #2

The Town Clerk stated that a further public hearing had been called for this meeting at the Town Hall, Orchard Park, New York, in said Town at 8:00 o'clock P.M., (prevailing time) to consider the modifications to the plans and $60,000 increase in the cost of said increase and improvement of facilities of Water District No. 17, in the Town of Orchard Park, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Town Clerk read, in full, the notice calling said further public hearing and presented affidavits showing that certified copies of said notice had been duly published and posted pursuant to the provisions of Article 12 of the Town Law.

The Supervisor stated that the hearing in said matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of the modifications to the plans and $60,000 increase in the cost of said increase and improvement of facilities of Water District No. 17: None

The following persons appeared in opposition to the modifications to the plans and said $60,000 increase in the cost of said increase and improvement of facilities: No one spoke.

The Town Clerk reported that the following pertinent communications had been received: None

The Town Clerk then read such communications, if any, to the meeting: There was none.

The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed at 8:20 PM.

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

A regular meeting of the Town Board of the Town of Orchard Park, in the County of Erie, New York, was held at the Town Hall, in said Town, on the 16^th day of June, 1999.

WHEREAS, following the preparation of a map, plan and report by the Town Engineer, an engineer duly licensed by the State of New York (herein called "Engineer"), for the increase and improvement of facilities of Water District No. 17 (herein called "District") in the Town of Orchard Park (herein called "Town"), in the County of Erie, New York, to provide adequate water service to the Quaker Centre Industrial Park expansion within the District, consisting of the construction and installation of approximately 2,800 linear feet of 12-inch PVC watermain, fire hydrants, valves and bends, along Cobham Drive, a proposed road, between Centre Drive and Big Tree Road, including land or rights in land, original furnishings, equipment, machinery and apparatus required therefor; and after a public hearing duly called and held on July 6, 1988, the Town Board of the Town determined by the Resolution and Order After Public Hearing duly adopted on July 6, 1988, that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be increased and improved at the estimated total cost of $164,000; and

WHEREAS, due to increased costs of materials and labor, the estimated total cost of said increase and improvement of facilities is now estimated to be $224,000, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $60,000, from $164,000 to $224,000; and

WHEREAS, the Engineers have completed modifications to the map, plan and report to provide for said increase in costs of materials and labor for the increase and improvement of facilities, which consists of the same project as described in the recitals herein, at a cost not to exceed $224,000, and filed the same with the Town Board, the Town Board thereafter adopted an Order describing in general terms the proposed increase and improvement of the facilities, specifying the cost modifications to the plans, the $60,000 increase in the estimated total cost thereof and the new $224,000 estimated cost thereof, and stating that the Town Board would meet to hear all persons interested in said modifications in cost to the plans and $60,000 increase in the cost of the increase and improvement of facilities on June 16, 1999 at 8:00 o'clock P.M. (Prevailing Time) at the Town Hall, in the Town; and

WHEREAS, copies of such Order, certified by the Town Clerk, were duly published and posted pursuant to the provisions of Article 12 of the Town Law; and

WHEREAS, such further public hearing was duly held by the Town Board on this 16^th day of June at 8:00 o'clock P.M. (Prevailing Time) at the Town Hall, in the Town, and considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said modifications to the plans and $60,000 increase in the cost of said increase and improvement of the facilities;

NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby

DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the new estimated total cost of $224,000, and to increase the appropriation therefor by $60,000, from $164,000 to $224,000; and it is hereby

ORDERED, that the facilities of the District shall be so increased and improved at the said $224,000 increased cost therefor; and it is hereby

FURTHER ORDERED, that the expense of said increase and improvement of facilities, including said $60,000 additional cost thereof, shall be financed by the issuance of $224,000 serial bonds of the Town, and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefitted thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and it is hereby

FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Further Public Hearing in the office of the Clerk of Erie County within ten (10) days after adoption thereof.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Aye

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was unanimously adopted.

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

Resolution of the Town of Orchard Park, New York, Adopted June 16, 1999, Amending the Bond Resolution Adopted July 6, 1988.

Recitals

WHEREAS, the Town Board of the Town of Orchard Park, in the County of Erie, New York (the "Town"), has heretofore duly authorized the increase and improvement of facilities of Water District No 17 (the "District") within the Town, at the estimated total cost of $164,000, which amount was appropriated therefor pursuant to the bond resolution adopted by said Town Board on July 6, 1988 and hereinafter referred to, and it now has been determined that due to increased costs of materials and labor and changes in the scope of the project, the estimated total cost of said increase and improvement of facilities of the District is now estimated to be $224,000, and it is necessary and desirable and in the best interests of said Town to increase the total appropriation therefor by $60,000, from $164,000 to $224,000;

NOW THEREFORE, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF ORCHARD PARK, IN THE COUNTY OF ERIE, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS:

Section (A) The bond resolution of said Town duly adopted by the Town Board on July 6, 1988, entitled:

“ Bond Resolution of the Town of Orchard Park, New York, adopted July 6, 1988, appropriating $164,000 for the increase and improvement of facilities of Water District No. 17, in said Town, and authorizing the issuance of $164,000 serial bonds of said Town to finance said appropriation,”

is hereby amended to read as follows:

BOND RESOLUTION OF THE TOWN OF ORCHARD PARK, NEW YORK, ADOPTED JULY 8, 1988 AND AMENDED JUNE 16, 1999, APPROPRIATING $224,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF WATER DISTRICT NO. 17, IN SAID TOWN, AND AUTHORIZING THE ISSUANCE OF $224,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION

Recitals

WHEREAS, following preparation of a map, plan and report for the increase and improvement of facilities of Water District No. 17 (herein called "District"), in the Town of Orchard Park (herein called "Town"), in the County of Erie, New York, to provide adequate water service to the Quaker Centre Industrial Park expansion within the District, consisting of the construction and installation of approximately 2,800 linear feet of 12-inch PVC water main, fire hydrants, valves and bends, along Cobham Drive, a proposed road, between Centre Drive and Big Tree Road, including land or rights in land, original furnishings, equipment, machinery and apparatus required therefor, and after a public hearing duly called and held, the Town Board of the Town determined, that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be increased and improved at the estimated total cost of $164,000; and

WHEREAS, after a further public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the District at said increased cost, and ordered that such facilities be increased and improved at the said $224,000 increased cost;

NOW THEREFORE, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF ORCHARD PARK, IN THE COUNTY OF ERIE, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS:

Section 1 The Town hereby appropriates the amount of $224,000 for the increase and improvement of facilities of the District, to provide adequate water service to the Quaker Centre Industrial Park expansion within the District, consisting of the construction and installation of approximately 2,800 linear feet of 12-inch PVC water main, fire hydrants, valves and bends, along Cobham Drive, a proposed road, between Centre Drive and Big Tree Road, including land or rights in land, original furnishings, equipment, machinery and apparatus required therefor, all in accordance with the map, plan and report prepared by the Town Engineer, an engineer duly licensed by the State of New York, on file in the office of the Town Clerk and hereby approved. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $224,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $224,000 serial bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefitted thereby, so much upon and from as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable.

Section 2 Serial bonds of the Town are hereby authorized to be issued in the principal amount of $224,000, pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation.

Section 3 The following additional matters are hereby determined and declared:

a. The period of probable usefulness of the specific object or purpose for which said $224,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years.

c. The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

Section 6 The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if:

a. such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

c. such obligations are authorized in violation of the provisions of the constitution.

Section 7 This bond resolution, as amended, shall take effect immediately.

Section (B) The amendment of the resolution set forth in Section A of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said resolution as herein amended.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Aye

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was unanimously adopted.

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

Resolved by the Town Board of the Town of Orchard Park, in the County of Erie, New York, as Follows:

Section 2 This resolution shall take effect immediately.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Aye

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was unanimously adopted.

PUBLIC HEARING #3

The Town Clerk stated that a further public hearing had been called for this meeting at the Town Hall, Orchard Park, New York, in said Town at 8:00 o'clock P.M., (prevailing time) to consider the modifications to the plans and $10,000 increase in the cost of said increase and improvement of facilities of Sanitary Sewer District No. 18, in the Town of Orchard Park, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Town Clerk read, in full, the notice calling said further public hearing and presented affidavits showing that certified copies of said notice had been duly published and posted pursuant to the provisions of Article 12 of the Town Law.

The Supervisor stated that the hearing in said matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of the modifications to the plans and $10,000 increase in the cost of said increase and improvement of facilities of Sanitary Sewer District No. 18: None

The following persons appeared in opposition to the modifications to the plans and said $10,000 increase in the cost of said increase and improvement of facilities: No one spoke.

The Town Clerk reported that the following pertinent communications had been received: None

The Town Clerk then read such communications, if any, to the meeting: There was none.

The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed.

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

A regular meeting of the Town Board of the Town of Orchard Park, in the County of Erie, New York, was held at the Town Hall, in said Town, on the 16^th day of June, 1999.

WHEREAS, following the preparation of a map, plan and report by the Town Engineer, an engineer duly licensed by the State of New York (herein called "Engineer"), for the increase and improvement of facilities of Sanitary Sewer District No. 18 (herein called "District") in the Town of Orchard Park (herein called "Town"), in the County of Erie, New York, to provide adequate sanitary sewer service to the Quaker Centre Industrial Park expansion within the District, consisting of the construction and installation of approximately 2,150 linear feet of 8-inch PVC sanitary sewer mains and manholes, from the south end of Stepping Stone Lane to the north side of Smokes Creek, including land or rights in land, original furnishings, equipment, machinery and apparatus required therefor; and after a public hearing duly called and held on July 6, 1988, the Town Board of the Town determined by the Resolution and Order After Public Hearing duly adopted on July 6, 1988, that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be increased and improved at the estimated total cost of $94,000; and

WHEREAS, due to increased costs of materials and labor, the estimated total cost of said increase and improvement of facilities is now estimated to be $104,000, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $10,000, from $94,000 to $104,000; and

WHEREAS, the Engineers have completed modifications to the map, plan and report to provide for said increase in costs of materials and labor for the increase and improvement of facilities, which consists of the same project as described in the recitals herein, at a cost not to exceed $104,000, and filed the same with the Town Board, the Town Board thereafter adopted an Order describing in general terms the proposed increase and improvement of the facilities, specifying the cost modifications to the plans, the $10,000 increase in the estimated total cost thereof and the new $104,000 estimated cost thereof, and stating that the Town Board would meet to hear all persons interested in said modifications in cost to the plans and $10,000 increase in the cost of the increase and improvement of facilities on June 16, 1999 at 8:00 o'clock P.M. (Prevailing Time) at the Town Hall, in the Town; and

WHEREAS, copies of such Order, certified by the Town Clerk, were duly published and posted pursuant to the provisions of Article 12 of the Town Law; and

NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby

DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the new estimated total cost of $104,000, and to increase the appropriation therefor by $10,000, from $94,000 to $104,000; and it is hereby

ORDERED, that the facilities of the District shall be so increased and improved at the said $104,000 increased cost therefor; and it is hereby

FURTHER ORDERED, that the expense of said increase and improvement of facilities, including said $10,000 additional cost thereof, shall be financed by the issuance of $104,000 serial bonds of the Town, and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefitted thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and it is hereby

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Aye

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was unanimously adopted.

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

Resolution of the Town of Orchard Park, New York, Adopted June 16, 1999, Amending the Bond Resolution Adopted July 6, 1988.

Recitals

WHEREAS, the Town Board of the Town of Orchard Park, in the County of Erie, New York (the "Town"), has heretofore duly authorized the increase and improvement of facilities of Sanitary Sewer District No. 18 (the "District") within the Town, at the estimated total cost of $94,000, which amount was appropriated therefor pursuant to the bond resolution adopted by said Town Board on July 6, 1988 and hereinafter referred to, and it now has been determined that due to increased costs of materials and labor and changes in the scope of the project, the estimated total cost of said increase and improvement of facilities of the District is now estimated to be $104,000, and it is necessary and desirable and in the best interests of said Town to increase the total appropriation therefor by $10,000, from $94,000 to $104,000;

NOW THEREFORE, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF ORCHARD PARK, IN THE COUNTY OF ERIE, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS:

Section (A) The bond resolution of said Town duly adopted by the Town Board on July 6, 1988, entitled:

"Bond Resolution of the Town of Orchard Park, New York, adopted July 6, 1988, appropriating $ 94,000 for the increase and improvement of facilities of Sanitary Sewer District No. 18, in said Town, and authorizing the issuance of $94,000 serial bonds of said Town to finance said appropriation,”

is hereby amended to read as follows:

BOND RESOLUTION OF THE TOWN OF ORCHARD PARK, NEW YORK ADOPTED JULY 8, 1988 AND AMENDED JUNE 16, 1999, APPROPRIATING $104,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF SANITARY SEWER DISTRICT NO. 18, IN SAID TOWN, AND AUTHORIZING THE ISSUANCE OF $104,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION.

Recitals

WHEREAS, following preparation of a map, plan and report for the increase and improvement of facilities of Sanitary Sewer District No. 18 (herein called "District"), in the Town of Orchard Park (herein called "Town"), in the County of Erie, New York, to provide adequate sanitary sewer service to the Quaker Centre Industrial Park expansion within the District, consisting of the construction and installation of approximately 2,150 linear feet of 8-inch PVC sanitary sewer mains and manholes, from the south end of Stepping Stone Lane to the north side of Smokes Creek, including land or rights in land, original furnishings, equipment, machinery and apparatus required therefor; and after a public hearing duly called and held on July 6, 1988, the Town Board of the Town determined by the Resolution and Order After Public Hearing duly adopted on July 6, 1988, that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be increased and improved at the estimated total cost of $94,000; and

NOW THEREFORE, be it

RESOLVED BY THE TOWN BOARD OF THE TOWN OF ORCHARD PARK, IN THE COUNTY OF ERIE, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS:

Section 1 The Town hereby appropriates the amount of $104,000 for the increase and improvement of facilities of the District, to provide adequate sanitary sewer service to the Quaker Centre Industrial Park expansion within the District, consisting of the construction and installation of approximately 2,150 linear feet of 8-inch PVC sanitary sewer mains and manholes, from the south end of Stepping Stone Lane to the north side of Smokes Creek, including land or rights in land, original furnishings, equipment, machinery and apparatus required therefor; all in accordance with the map, plan and report prepared by the Town Engineer, an engineer duly licensed by the State of New York, on file in the office of the Town Clerk and hereby approved. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $104,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $104,000 serial bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefitted thereby, so much upon and from as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable.

Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $104,000, pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation.

Section 3. The following additional matters are hereby determined and declared:

a. The period of probable usefulness of the specific object or purpose for which said $104,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 4. of the Law, is forty (40) years.

c. The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.

Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds, shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.

Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if:

a. such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or

c. such obligations are authorized in violation of the provisions of the constitution.

Section 7. This bond resolution, as amended, shall take effect immediately.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Aye

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was unanimously adopted.

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

Resolved by the Town Board of the Town of Orchard Park, in the County of Erie, New York, as Follows:

Section 1. The Town Clerk is hereby authorized and directed to publish the foregoing resolution, as amended, in summary, in the "SOUTHTOWNS CITIZEN," a newspaper having a general circulation in said Town and hereby designated as the official newspaper of the Town for such publication, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Local Finance Law of the State of New York.

Section 2. This resolution shall take effect immediately.

The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Supervisor Cudney Aye

Councilman Mills Aye

Councilman Buyer Aye

Councilwoman Ackerman Aye

Councilman McCarville Aye

The resolution was unanimously adopted.

Old Business #1 Award Bid for Computer Equipment, Software and Installation

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

WHEREAS, on June 8, 1999 bids were received for a total of 17 new personal computers for use in the following departments: Assessor, Building Inspector, Tax Receiver, Town Clerk and Engineering, and

WHEREAS, in addition to the computer equipment, bids were also received for multiple licenses of Microsoft Windows 98 and Microsoft Office 97 software, installation of computers including the transfer of existing data and connections with local area networks, employee training for the new software and the sale of surplus computer hardware which were bid in separate parts to afford the Town the maximum flexibility in awarding the contracts, and

WHEREAS, competitive bids were received from five firms, which were all lower than the State Bid Contracts for Part One - Computer Equipment, and

WHEREAS, a number of footnotes appear on the comparison sheets where a variance from the bid specifications or an arithmetic error was found in the bidder’s document, and bid totals had been adjusted accordingly, and

WHEREAS, bid sheets were prepared showing the bid ranking of the firms for each of the five Parts if awarded individually, and for each scenario Bits and Bites was the low bidder with the exception of the combined bid for all five Parts, and

WHEREAS, for training, some firms bid hourly rates, some bid lump sum, some quoted a total number of instructional hours for certain size groups, etc., and no realistic method that can be used to compare these bids, and Part Four probably should have been presented differently in the bid documents prepared, and

WHEREAS, training is a very important element of this project, which is intended to solve the hardware portion of the Y2K problem and also improve computer performance, but is should not be awarded with this contract, as the Town board must determine which employees need training on which software, at what level, whether training will take place at the Municipal Center or if it is off-site, whether it will be done during work hours, and who will have responsibility for the management of the training program, and

WHEREAS, the bid comparison sheets, along with detailed information on the hardware components submitted by each bidder have been reviewed by the advisory committee, and the committee has recommended that the entire contract (excluding training) be awarded to Bits and Bytes Computers,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby award the bid for the 1999 Computer Equipment, Parts One, Two, Three and Five to Bits and Bytes Computer, 6185 West Quaker Street, Orchard Park, New York, 14127, being the lowest responsible bidder in the amount of $23,427.35, as recommended by the Town Engineer.

The resolution was unanimously adopted.

Old Business #2 Approve Pine Hill Coffee Service request for a Building Permit and site plan

12) 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 request of Pine Hill Coffee Service, S-3538 California Road, for a Building Permit to construct a 1,200 sq. ft. addition to an existing building with the following stipulations, as recommended by the Planning Board on 6/9/99:

§ This is an Unlisted SEQR action based on the submitted Short EAF and a Negative declaration is made.

§ No landscape completion bond is necessary.

§ The site lighting plan is limited to those fixtures and poles included on the site. No additional exterior lighting is requested nor approved.

§ No outside storage or display is permitted.

§ Dumpsters shall continue to be screened. No additional dumpsters are being requested nor approved.

§ Town Engineering approval has been granted on 6/9/99.

The resolution was unanimously adopted.

Old Business #3 Approve request of Ellicott Development Co., for a building permit and site plan

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 Ellicott Development Co., developer/agent for the New York State Department of Transportation, 2.7 acres of vacant land, north side of New Taylor Road, Zoned I-1 for a Building Permit to construct a 16,098 sq.ft. laboratory and office building, and approve the site plan dated 6/8/99, with the following stipulations, as recommended by the Planning Board: