Town Board - May 19, 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 19th day of May, 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

Ronald A. Geitter Superintendent of Highways

Michael R. Merritt Town Engineer

PUBLIC HEARING

At 8:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of Local Law # 3 for 1999, which provides as follows:

A LOCAL LAW, TO PERMIT THE APPOINTMENT OF ALTERNATE MEMBERS TO THE PLANNING BOARD AND THE ZONING BOARD OF APPEALS.

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.

Supervisor Cudney opened the Public Hearing and asked Town Attorney Berkowitz to give some background on this proposed Local Law. Mr. Berkowitz stated that this Local Law proposes that the Town Board be permitted to appoint one extra member to the Planning Board and to the Zoning Board of Appeals who would serve in the instance when one of their regular members were not able to serve. This Local Law will supersede the State Law and will allow the Boards to act in the event that a member of the Planning Board or Zoning Board of Appeals is sick, out of town, or if there is an ethical conflict that would prevent a regular board member from acting on a matter.

The floor was opened for public comment: No one spoke.

1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED

ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE , TO WIT:

RESOLVED, that the Public Hearing in the matter of Local Law #3-1999, regarding Alternate Members to the Planning Board and the Zoning Board of Appeals is hereby closed at 8:11 PM (local time).

The resolution was unanimously adopted.

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

WHEREAS, following due and timely notice a public hearing relating to the matter of Local Law #3-1999, a Local Law to permit the appointment of alternate members to the Planning Board and the Zoning Board of Appeals was conducted on the 19th day of May 1999, at which all interested parties were given an opportunity to be heard

NOW, THEREFORE, be it

RESOLVED, the Town Board is hereby authorized to adopt Local law #3 for 1999 which provides as follows:

A LOCAL LAW, TO PERMIT THE APPOINTMENT OF ALTERNATE MEMBERS TO THE PLANNING BOARD AND THE ZONING BOARD OF APPEALS.

Section 1. LEGISLATIVE INTENT

This local law shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Town of Orchard Park.

Section 2. DECLARATION ON POLICY

It is sometimes difficult to maintain a quorum on the Planning Board and the Zoning Board of Appeals because members are ill or on extended vacation or find they have a conflict of interest situation on a specific matter before such a board. In such instances, official business cannot be conducted which may delay or impede adherence to required time lines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this local law.

Section 3. DEFINITIONS

A. “Planning Board” means, the Planning Board of the Town of Orchard Park as established by the Town Board pursuant to the provisions of §271 of Town Law.

B. “Zoning Board of Appeals” means the Zoning Board of Appeals of the Town of Orchard Park as established by the Town Board, pursuant to the provisions of §267 of the Town Law.

C. “Member” means an individual appointed by the Town Board to serve on the Town Planning Board or Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Planning Board.

D. “Alternate Member” means an individual appointed by the Town Board when a regular member is unable to participate on an application or matter before the respective board, as provided herein.

Section 4. AUTHORIZATION/EFFECT

A. The Town Board of the Town of Orchard Park hereby enacts this local law to provide a process for

appointing “alternate” members of Planning Board and Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on an application or matter before

the respective board.

B. Alternate members of the Planning Board and Zoning Board of Appeals shall be appointed by the Town Board or other duly authorized appointing authority, for a term of three (3) years with the terms to expire on December 31 of the third year after the date of their appointment.

C. The chairperson of the Planning Board or Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the board. Such designation shall be entered into the minutes of the initial Planning Board meeting, or Zoning Board of Appeals meeting, at which the substitution is made.

D. All provisions of state law relating to the Planning Board or Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law/local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.

Section 5. SUPPRESSION OF TOWN LAW

This local law is hereby adopted pursuant to the provisions of §10 of the New York State Municipal Home Rule Law and §10 of the New York State Statute of Local Governments. It is the intent of the Town Board pursuant to §10 of the New York State Municipal Home Rule Law, to supersede theprovisions of:

(1) Section 271 of the Town Law relating to the appointment of members to Town Planning Boards;and/or

(2) Section 267 of Town Law relating to the appointment of members to Town Zoning Board of Appeals.

Section 6. MISCELLANEOUS

A. This Local Law shall be deemed to supersede and repeal any other Local Laws to the extent therein inconsistent herewith.

B. If any part of the Local Law shall be judicially declared to be invalid, void, unconstitutional or unenforceable, all unaffected provisions hereof shall survive such declaration and this Local Law shall remain in full force and effect as if the invalidated portion had not been enacted.

C. Nothing herein shall be deemed to be a waiver or restriction upon any rights and powers available to the Town of Orchard Park to further regulate the subject matter of this Local Law.

Section 7. EFFECTIVE DATE

This Local Law shall become effective upon filing with Secretary of State of the State of New York, as required by the Municipal Home Rule Law.

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

Toni M. Cudney Aye

John J. Mills Aye

David M. Buyer Aye

Nancy W. Ackerman Aye

Steven P. McCarville Aye

The resolution was unanimously adopted.

Old Business #1 Approve request Orchard Park Family Practice, 3680 Eggert Road

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

RESOLVED, that the Town Board does hereby approve the request for a Building Permit, and site plan, to construct a 2,100 sq. ft addition to an existing building from Orchard Park Family Practice, 3680 Eggert Road, as recommended by the Planning Board, 5/12/99, with the following stipulations:

Ø This is an Unlisted SEQR action based on the submitted Full EAF Parts 1 and 2 and a Negative Declaration is made.

Ø A three year Landscape completion bond in the amount of $ 4,600.00 or a certified check in the amount of $2,300.00 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan which includes 70 % green space and this must be presented to the Town Clerk prior to receipt of a Building Permit.

Ø The site lighting plan is limited to two (2) 175 watt shielded wall packs on the building and one (1) free standing pole with two (2) 400 watt flat lens fixtures. No use of flood lights is permitted and existing ones will be removed from the site.

Ø No outside storage and display is permitted.

Ø Dumpsters as shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with Section 144-25 of the Town Code.

Ø Town Engineering approval has been granted on 5/12/99.

The resolution was unanimously adopted.

Old Business #2 Town Board to seek Lead Agency status for the request of Robert & Richard Peleckis

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

WHEREAS, Robert and Richard Peleckis have petitioned to have 2 acres± of vacant land, south side of Southwestern Boulevard, adjacent to and east of Erie Community College-South Campus rezoned from B-2 to B-2 Special Exception Use for the purpose of constructing an automotive service station/convenience store, and

WHEREAS, this petition was referred to the Planning Board on February 2, 1999,

NOW, THEREFORE be it

RESOLVED, that the Town Board is hereby authorized to seek Lead Agency Status and initiate the SEQRA Coordinated Review for this Unlisted Action known as Robert and Richard Peleckis, vacant land on the south side of Southwestern Boulevard, adjacent to and east of Erie Community College-South Campus, as recommended by the Planning Board.

The resolution was unanimously adopted.

Old Business #3 Accept Dedication of Birdsong Subdivision 62 acre± parkland property PIP 97-011

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

WHEREAS, the parkland property, which has been developed in conjunction with the first phase of Birdsong subdivision, is now ready to be conveyed to the Town of Orchard Park, and since the fall of 1996 construction activities have been conducted under various permits issued by the U.S. Army Corps of Engineers, New York State Department of Environmental Conservation, and the Town of Orchard Park, and

WHEREAS, the improvements to the parkland property have been constructed in accordance with an agreement between D.P.S. Southwestern Corporation, the Birdsong Estates Homeowners Association and the Town of Orchard Park dated July 1997, and the initial development phase referred to in section 3, paragraph A of the agreement is now substantially complete, and

WHEREAS, the only uncompleted work items at this time are the survey monuments and the park identification sign, in which the Town is in receipt of $4,000.00 cash security which will be held in escrow until that work is satisfactorily completed, and

WHEREAS, all work within the parkland property has been completed in conformance with Town of Orchard Park construction specifications and various provisions of federal and state regulations where applicable, and the Town is in receipt of a two year maintenance bond in the amount of $800,000.00, and

WHEREAS, the newly created wetland areas within the park, which include the wildlife ponds and filtration basins, are to be monitored by the developer’s wetland specialist through 2002 and 2003 respectively, and if any remedial work is required, it will be the developer’s responsibility,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the improvements completed in the Birdsong parklands, PIP #97-11, and authorize the Town Clerk to release the performance security in the amount of $800,000.00, as recommended by the Town Engineer.

The resolution was unanimously adopted.

Old Business #4 Appoint seasonal employee to the Engineering Department

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

WHEREAS, after advertising this year in the Orchard Park Pennysaver, the Town received six applications for the seasonal position in the Engineering Department, and

WHEREAS, as a result of the interview process, it was concluded that Mr. Adam Hamm was the most qualified candidate for the job, since Adam will be starting his junior year at the University of Buffalo, majoring in civil engineering

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to appoint Adam Hamm, 5260 Powers Road, Orchard Park, New York to a seasonal position in the Engineering Department at a rate of $ 7.00/hour for a fourteen week period beginning May 24, 1999, as recommended by the Town Engineer.

The resolution was unanimously adopted.

New Business #1 Accept petition from developers of Quaker Centre Industrial Park requesting an increase in the maximum expenditure for proposed extension of Cobham Drive

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

WHEREAS, on July 6, 1988 the Town Board adopted an order pursuant to Section 200 of the Town Law, authorizing the construction of approximately 2,800 linear feet of roadway (Cobham Drive) between Centre Drive and Big Tree Road in the Quaker Centre Industrial Park at a maximum cost of $1,241,500.00, and the road was approved to be constructed in three phases (Phases 4,5 and 6) and financed by the issuance of serial bonds to be paid through a tax levy (on an acreage basis) upon the benefited properties with a 61.78 acre special assessment area of the industrial park, and

WHEREAS, Phase 4 of the park development was constructed in 1989 and was financed through the issuance of 15 year serial bonds in the amount of $275,000.00 and an Industrial Access program Grant from the New York State Department of Transportation of $169,590.00, and

WHEREAS, the Town is committed to complete Phases 5 and 6 of the development this year, and Pratt & Huth Associates, our consultant for the design of this project, has prepared an updated cost estimate for the project which indicates that the $ 796,910.00 balance from the original authorization is insufficient to complete the Phase 5 and 6 roadway, and our accountant, Deloitte & Touche, has determined that an additional $ 200,000.00 will be needed for the roadway portion of the project, and

WHEREAS, in order to increase the maximum authorized expenditure for the extension of Cobham Drive it is necessary for the Town to repeat the process under which the original roadway improvements were approved, and

WHEREAS, the Town has received from Peter Krog, representing Quaker Centre II Associates, the owners of at least 51% of the frontage along the Town-owned right-of-way for Cobham Drive in Phases 4, 5 and 6, a petition requesting the Town to increase the maximum authorized expenditure for the extension of Cobham Drive,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does accept the petition from Quaker Centre II Associates requesting an increase in the maximum expenditure for the extension of Cobham Drive in the Quaker Centre Industrial Park Phases 4, 5 and 6, and adopt an order scheduling a Public Hearing, Wednesday, June 16, 1999 at 8:00 P.M., in accordance with Section 200 of the Town Law, as recommended by the Town Attorney.

The resolution was unanimously adopted.

New Business #2 Adopt an Order scheduling a Public Hearing for proposed increase in maximum expenditure to Quaker Centre Industrial Park special assessment area for extension of Cobham Drive

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

WHEREAS, a petition dated June 13, 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 2,800 linear feet and a bridge of paving according to Town of Orchard Park specifications (the “Street Improvement”), said area to be benefitted being more particularly described as follows;

ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Orchard Park, County of Erie, State of New York being part of Lot 31, Township 9, Range 7 of the Holland Land Company’s Survey, being further described as follows:

BEGINNING at the intersection of the east line of Cobham Drive and the north line of Big Tree Road, said point being 67.83 feet west of the west line of lands conveyed to Elias Hoag by Liber 12, page 437 of deeds as recorded in the Erie County Clerk’s Office as measured along the north line of Big Tree Road, 66.00 feet in width;

THENCE: N-09_ - 26' - 44" - E, 96.29 feet;

THENCE: On a curve to the left having a radius of 1462.39 feet, distance of 216.95 feet;

THENCE: N-00_ - 56' - 44" - E a distance of 148.67 feet;

THENCE: on a curve to the right having a radius of 924.94 feet distance of 685.09 feet;

THENCE: Southeasterly on radial line 20.00 feet to a point;

THENCE: Continuing on a curve to the right having a radius of 04.94 feet a distance of 151.62 feet;

THENCE: Southeasterly on a radial line 20.00 feet to a point;

THENCE: Continuing on a curve to the right having a radius of 84.94 feet a distance of 92.67 feet;

THENCE: Northwesterly on a radial line 20.00 feet to a point;

THENCE: Continuing on a curve to the right having a radius of 04.94 feet a distance of 196.83 feet;

THENCE: N - 71_ - 26' - 44" - E a distance of 43.65 feet;

THENCE: N - 18_ - 33' - 16" - W a distance of 20.00 feet;

THENCE: N - 71_ - 26' - 44" - E a distance of 201.12 feet;

THENCE: On a curve to the left having a radius of 1175.92 feet a distance of 225.76 feet;

THENCE: N - 60_ - 26' - 44" - E a distance of 210.02 feet;

THENCE: On a curve to the right having a radius of 788.51 feet a distance of 247.72 feet;

THENCE: N - 78_ - 26' - 44" - E a distance of 120.00 feet to the existing west ROW of Centre Drive;

THENCE: Northwesterly along the existing west ROW of Centre Drive said ROW being curve to the left with a radius of 1243.24 feet an arc distance of 60.01 feet to a point, said point being on the north ROW of Cobham Drive.

THENCE: S - 78_ - 26' - 44" - W a distance of 120.00 feet;

THENCE: Along a curve to the left having a radius of 848.51 feet a distance of 266.57 feet;

THENCE: S - 60_ - 26' - 44" - W a distance of 210.02 feet;

THENCE: On a curve to the right having a radius of 1115.92 feet a distance 214.24 feet;

THENCE: S - 71_ - 26' - 44" - W a distance of 201.12 feet;

THENCE: N - 18_ - 33' - 16" - W a distance of 20.00 feet;

THENCE: S - 71_ - 26' - 44" - W a distance of 43.65 feet;

THENCE: On a curve to the left having a radius of 1004.94 feet a distance of 218.58 feet;

THENCE: Northwesterly on a radial line 20.00 feet;

THENCE: Continuing on a curve to the left having a radius of 1024.94 feet a distance of 107.33 feet;

THENCE: Southeasterly on a radial line 20.00 feet;

THENCE: Continuing on a curve to the left having a radius of 1004.94 feet a distance of 168.38 feet;

THENCE: Southeasterly on a radial line a distance of 20.00 feet;

THENCE: Continuing on a curve to the left having a radius of 984.94 feet a distance of 712.97 feet;

THENCE: S - 00_ - 56' - 44" - W a distance of 148.67 feet;

THENCE: On a curve to the right having a radius of 1402.39 feet a distance of 208.05 feet;

THENCE: S - 09_ - 26' - 44" - W a distance of 95.85 feet to the north line of Big Tree Road;

THENCE: Easterly along the north line of Big Tree Road 60.00 feet to the Point of Beginning;

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; and

WHEREAS, due to increased costs of materials and labor the estimated total cost of said Street Improvement is now estimated to be $1,441,500.00, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $200,000.00 from $1,241,500.00 to $1,441,500.00;

NOW, THEREFORE, be it

ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, in the Town, on the 16th day of June, 1999, at 8:00 P.M. (prevailing time) to consider said petition 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; and be it

FURTHERED ORDERED, that the Town Clerk publish at least once in the “Southtowns Citizen”, a newspaper having a general circulation in the Town, and hereby designated as the official newspaper of the Town for such publication, and post conspicuously on the sign board of the Town maintained pursuant to subdivision of 6 of Section 30 of the Town Law, and in at least five (5) conspicuous public places along the said street or highway proposed to be improved, a copy of this Order certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the day designated herein for said public hearing aforesaid.

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

Toni M. Cudney Aye

John J. Mills Aye

David M. Buyer Aye

Nancy W. Ackerman Aye

Steven P. McCarville Aye

The resolution was unanimously adopted.

New Business #3 Accept addendum to 1988 Map, Plan & Report for increase & improvements to OPWD #17 recommending an increase in the maximum authorized expenditure for extension of waterline

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

WHEREAS, the Town has received an addendum to the original Map, Plan and Report for the increase and improvements to Orchard Park Water District #17 for the Quaker Centre Industrial Park, Phases 4, 5 & 6, and

WHEREAS, the original Map, Plan and Report was accepted by the Town Board on June 15, 1988, and subsequent to a public hearing held on July 6, 1988 the Town Board authorized the waterline improvements at a maximum estimated cost of $164,000.00, and Phase 4 of the industrial park development was completed in 1989 and was financed through the issuance of a 20 year serial bond in the amount of $45,000.00, and

WHEREAS, the Town is committed to complete Phase 5 & 6 of the development this year, and Pratt & Huth, the Town’s consultant for the design of this project, has prepared an updated cost estimate for the project which indicates that the $119,000.00 balance from the original authorization is insufficient to complete the Phase 5 & 6 improvements, our accountant, Deloitte & Touche, has determined that an additional $60,000.00 will be needed for the waterline portion of the project, and

WHEREAS, this addendum to the original Map, Plan & Report is required for the Town Board to consider increasing the maximum authorized expenditure,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby accept the addendum to the 1988 Map, Plan and Report for the increase and improvements to Orchard park Water District #17 for the Quaker Centre Industrial Park, Phases 4, 5 & 6 and adopt an order scheduling a Public Hearing, Wednesday, June 16, 1999 at 8:00 P.M., in accordance with Section 202b of the Town Law, as recommended by the Town Attorney.

The resolution was unanimously adopted.

New Business #4 Adopt an Order Scheduling a Public Hearing for increase in expenditure and special assessment within OP Water Dist. #17 for extension of the waterline

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

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 “Engineers”), for the increase and improvement of facilities of the 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 furnishing, 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 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 Town Board has given due consideration to the impact that the increase and improvement of the facilities of the District may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused thereby; and

WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law and, in connection therewith, the duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk; and

WHEREAS, pursuant to the direction of the Town, the Engineers have completed and filed with the Town Board modifications to the map, plan and report heretofore prepared for said increase and improvement of facilities of the District to provide for said increase in costs of materials and labor

NOW, THEREFORE, be it

ORDERED, that a meeting of the Town Board of the Town be held at Orchard Park, New York, in the Town, on the 16th day of June, 1999, at 8:00 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 the District 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;

FURTHER ORDERED, that the Town Clerk publish as least once in the “Southtowns Citizen”, a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less that ten (10) nor more that twenty (20) days before the date of such public hearing

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

Toni M. Cudney Aye

John J. Mills Aye

David M. Buyer Aye

Nancy W. Ackerman Aye

Steven P. McCarville Aye

The resolution was unanimously adopted.

New Business #5 Accept addendum to the 1988 Map, Plan & Report

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

WHEREAS, the Town has received an addendum to the original Map, Plan & Report for the increase and improvements to Orchard Park Sanitary Sewer District #18 for the Quaker Centre Industrial Park, Phases 4, 5 & 6, and

WHEREAS, the original Map, Plan & Report was accepted by the Town Board on June 15, 1988, and subsequent to a public hearing held on July 6, 1988 the Town Board authorized the sanitary sewer improvements at a maximum estimated cost of $94,000.00, and Phase 4 of the industrial park development was completed in 1989, with an addition 150 lineal feet of sanitary sewer being installed in 1992, and was financed through the issuance of a 20 year serial bond in the amount of $50,000.00, and

WHEREAS, the Town is committed to complete Phases 5 & 6 of the development this year, and Pratt & Huth, the Town’s consultant for the design of this project, has prepared an updated cost estimate for the project which indicates that the $44,000.00 balance from the original authorization is insufficient to complete the Phase 5 & 6 improvements, and our accountant, Deloitte & Touche, has determined that an additional $10,000.00 will be needed for the sanitary sewer portion of the project, and

WHEREAS, this addendum to the original Map, Plan and Report is required for the Town Board to consider increasing the maximum authorized expenditure,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby accept the addendum to the 1988 Map, Plan and Report for the increase and improvements to the Orchard Park Sanitary Sewer District #18 for the Quaker Centre Industrial Park, Phases 4,5 & 6, and adopt an order scheduling a Public Hearing, Wednesday, June 16, 1999 at 8:00 P.M., in accordance with Section 202b of the Town Law, as recommended by the Town Attorney.

The resolution was unanimously adopted.

New Business #6 Adopt an Order Scheduling a Public Hearing for increase in expenditure and special assessment within OP Sewer Dist # 18 for the extension of the sanitary sewer main along Cobham Dr.

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

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 “Engineers”), for the increase and improvement of facilities of the 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

NOW, THEREFORE, be it

ORDERED, that a meeting of the Town Board of the Town be held at Orchard Park, New York, in the Town, on the 16th day of June, 1999, at 8:00 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 the District 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;

FURTHER ORDERED, that the Town Clerk publish at least once in the “Southtowns Citizen”, a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing.

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

Toni M. Cudney Aye

John J. Mills Aye

David M. Buyer Aye

Nancy W. Ackerman Aye

Steven P. McCarville Aye

The resolution was unanimously adopted.

New Business #7 Request of the Veterans of Foreign Wars to hold annual parade on 5/31/99

13) 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 the Orchard Park Veterans of Foreign Wars, Post #6247, to hold the Annual Memorial Day Parade and Ceremony on Monday, May 31, 1999 at 9:00 A.M. The parade route this year is from Highland Avenue at the Library, down South Buffalo Street to the four corners of town, and a left on West Quaker Street to Veterans Park.

The resolution was unanimously adopted.

New Business #8 Orchard Park Chamber of Commerce request to hold 4th of July Parade

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

RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Chamber of Commerce to hold the 1999 Fourth of July Parade at 8:00 P.M. on Sunday, July 4th, with a rain date of Monday, July 5th, the parade will proceed south on Baker Road, right onto East Quaker Street and left onto South Lincoln where it will disband.

The resolution was unanimously adopted.

New Business #9 Request to hold 2nd Annual Thomas R. Gardner Memorial Scholarship Run/Walk

15) 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 approve the request of Tim and Anne Roder to hold the second annual Thomas R. Gardner (Tommy’s Run) Memorial Scholarship Fun Run/Walk, starting and ending at Yates Park, Saturday, July 3, 1999 at 7:00 P.M.

The resolution was unanimously adopted.

New Business #10 OP Cooperative Nursery School request to use Green Lake/Yates Park 5/27/99

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

RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Cooperative Nursery School to use Green Lake/Yates Park for their annual picnic on Thursday, May 27, 1999 from 10:00 A.M. to 1:00 P.M. (rain date, May 28, 1999).

The resolution was unanimously adopted.

New Business #11 Spring/Summer Recreation Department Appointments for 1999

17) 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 following resident appointments, dependent upon applicant’s securing the required certification, to the Spring/Summer Recreation Staff, as recommended by the Recreation Director:

Name Address Position Rate

Todd Witzleben 6120 Lake Ave Aide $ 5.30

Lauren Cadigan 46 Middlebury Grd. $ 5.35

Elizabeth Chelus 140 Hobby Lane Grd. $ 5.35

Jill Boals 104 Henning Dir. $ 6.00

Christen Besanceney 73 Briar Hill Grd. $ 5.35

Patricia Hodskins 6925 E. Quaker Grd. $ 5.95

Caitlin Murray 31 Thomaston Grd. $ 5.50

Christine Dimpfl 90-8 Carriage Grd. $ 5.50

Gregory Campbell 169 Highland Grd. $ 5.50

Denise Jewell 8 Thomaston Grd. $ 5.95

Allison Wutz 3274 Baker Rd Grd. $ 5.95

Ian Kaminski 1 Squire Drive Grd. $ 5.50

Laura McCann 93 Tanglewood Grd. $ 5.35

Ellen Fitzgibbons 126 Elmhurst Hd/Grd $ 6.25

The resolution was unanimously adopted.

New Business #12 Authorize advertisement for bids for the purchase of personal computers & accessories

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

WHEREAS, the Computer Advisory Committee has made its recommendations for solving the Y2K computer hardware problems which include the replacement of a number of older model personal computers with the faster models with greater capacity, which would also provide improved performance, and

WHEREAS, the Engineering Department was recently assigned the task of preparing specifications and bid documents for the purchase of 18 new PC’s, software and labor for installation in the Assessors, Building Inspectors, Engineering, Town Clerk and Tax Receiver departments, and a considerable amount of research was put into determining the components that would be required in each of the new PC’s and how that equipment would be integrated into each department’s existing operations,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize advertisements in the Southtowns Citizen for the purchase of new computer equipment with bids to be opened at 11:00 A.M. on June 8, 1999 in the Supervisor’s Conference Room, as recommended by the Town Engineer.

Supervisor Cudney stated that by the end of July she expects that all the hardware and software will be replaced and that by 9/9/99 all the Y2K testing should be completed. She also thanked the Engineering Department for all their work putting the specs for this bid together.

Councilman Buyer said that volunteers on the Computer Advisory Committee should also be acknowledged for their contributions of knowledge, hard work, long hours and outstanding effort in helping the Town to become Y2K compliant and helping to establish the future needs of the Town.

The resolution was unanimously adopted.

Refer to the Planning Board & Conservation Board

19) 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 refer the following request to the Planning Board and Conservation Board: Young Development Inc., 2240 Southwestern Blvd., requesting a building permit to build a garden center building on his already established nursery site.

The resolution was unanimously adopted.

ELECTED OFFICIALS & DEPARTMENT HEADS

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

RESOLVED, the Town Board does authorize the following budget transfer, which is a correction from a previous transfer regarding snow removal, as recommended by the Highway Superintendent:

$60,000.00 From: DA.5140.000.419

To: DA.5142.000.419

The resolution was unanimously adopted.

Supervisor Cudney announced that David Adrian, of Aqua Tech, an Environmental Firm, will be treating Green Lake, weather conditions permitting, with an algicide, under the permits regulated by the New York State Department of Environmental Compliance. This treatment is similar to what people use in their pools and will be conducted on May 26, 1999. Green Lake will be drawn down about 6 inches to do this treatment, and the lake will be posted so that there will be no activity for 24 hours after the treatment is completed.

Supervisor Cudney then reported that the Town’s insurance company notified the Town Board, that as a result of low volume of claims, the Town’s insurance premium will drop about 6% next year. She also stated that the Towns of Hamburg, Eden, Orchard Park, Evans, West Seneca and Boston are the recipients of an Erie County Legislature Southtowns Regional Grant which is to look at what these communities can do together to plan for things like recreation, transportation and other issues. Councilman Mills has been appointed to this committee and will take part in the scoping sessions that evaluate what issues are to be addressed. She then recognized Officer Mark Pacholic for his commendation for having the most DWI arrests in 1998. The Supervisor then congratulated Councilman Buyer as this year’s recipient of the Niagara Frontier Recreation and Parks Society Public Service Award.

Councilman Mills commented on the drop in the insurance premiums and wished to thank all the Town employees for their dedication which helps to keep the premiums down. He also stated that he, along with Councilwoman Ackerman, Town Engineer Mike Merritt and Highway Superintendent Ron Geitter all sat in on the interviews for a consultant for the composting facility which was an intensive, lengthly, complicated process. He was very impressed by the depth and scope of the work involved in this selection process, and how the concerns of the residents have been included in what the consultants will have to accomplish if hired. Councilman Mills said that he feels confident that the residents quality of life will be protected throughout this project.

Councilwoman Ackerman announced that the 1998 Erie County Library Report has been completed and that the Orchard Park branch has the 5th largest distribution in the County, and in this report are some of the recommendations for future expansion and some possible closings of other branches. She added the technology changes have produced the largest expenditures of the Library budget and more changes need to be made, and that the local Library Board will have a discussion with the downtown Board before they respond with their comments. She mentioned that the Household Hazardous Waste Day will be held on June 19, 1999 at Erie Community South. She will have details later at to what items will be accepted. Councilwoman Ackerman commented on the mock Town Board meeting held by the Middle School History Club students and said they held a very lively and productive meeting. Then, Councilwoman Ackerman had Amanda Sheldon come forward and announced that Amanda’s Orchard Park team placed 4th in the New York State Mock Trial competition, in which there were over 500 teams. Amanda was then presented her Orchard Park Pride awards by Councilwoman Ackerman, as she was attending the competition when the Orchard Park Pride dinner & awards ceremony took place.

Councilman McCarville announced that the Public Safety Committee did not hold it’s regular meeting this month.

He stated as the Village liaison for the Town Board he stated that the Village has approached Erie County Highway Department about resurfacing, or redoing, Thorn Avenue and then the County may turn it over to the Village and Town.

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

RESOLVED, that the Town Board does hereby authorize Jerry Henning, and Lynn Reynolds to attend a session with Andy Hillman, the tree forester for the city of Ithaca, to review Ithaca’s tree planting program and tree ordinance at Town expense, with a possible overnight stay, as recommended by the Highway Superintendent.

The resolution was unanimously adopted.

Town Engineer Merritt announced that the Orchard Park Sewer and Water Department will be doing some flushing of the water lines in Districts 1, 4 & 8, which will rile up the lines and there will be temporary discoloring of their water. The residents only need to run their water to clear out the lines.

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

RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #10, following auditing by members of the Town Board and in the funds indicated:

$ 127,633.92 General Fund

$ 1,634.34 Part Town Fund

$ 14,328.96 Highway Fund

$ 617,760.23 Special District Fund

$ 1,013.64 Trust & Agency Fund

$ 179,318.79 Capital Fund

The resolution was unanimously adopted.

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

RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications as entered on the agenda: 1) Town of West Seneca: Certified resolution requesting the New York State Senate and Assembly to restore and increase CHIPS appropriation in the 1999-2000 State Budget. 2) Town of Eden: Scheduling a Year 2000 Informational Seminar for Thursday, June 3, 1999 from 7:00 to 9:00 P.M., at the Eden Town Hall.

The resolution was unanimously adopted.

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

RESOLVED, that the Town Board is hereby authorized to receive and file the following Reports as entered on the agenda: 1)The Chief of Police’s Monthly Report for April 1999. 2) The Building Inspector’s Monthly Report and Building Permits for April 1999.

The resolution was unanimously adopted.

There being no more business before the Town Board, on motion by Councilman Buyer, seconded by Councilwoman Ackerman, the meeting was adjourned at 9:08 P.M.

Respectfully Submitted

Janis A. Colarusso

Town Clerk