A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 19^th day of September 2001 at 7:00 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

Stanley A. Jemiolo Councilman

Janis A. Colarusso Town Clerk

Leonard Berkowitz Town Attorney

Joseph M. Campion Building Inspector

Michael R. Merritt Town Engineer

Samuel M. McCune Chief of Police

Ronald A. Geitter Superintendent of Highways

Supervisor Cudney stated that the first order of business tonight is a special resolution condemning the ruthless acts of terrorism committed at the World Trade Center, the Pentagon and upon the passengers and crew of United Airlines flight 93, American Airlines flight 11, American Airlines Flight 77 and United Airlines flight 175, and mourning the tragic loss of life and injury to innocent Americans on September 11, 2001.

1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED UNANIMOUSLY BY THE WHOLE TOWN BOARD, TO WIT:

WHEREAS, The very principles of American freedom, and the safety and security of every American at home and abroad, have been attacked by the unspeakable atrocities committed on September 11, 2001, and

WHEREAS, All Americans and supporters of freedom around the world will forever remember the events of September 11, 2001 and the mark they have make on our nation’s history; and

WHEREAS, The members of the Orchard Park Town Board are united in condemning and denouncing the ruthless acts of terrorism committed at the World Trade Center, the Pentagon and upon the passengers and crew of United Airlines Flight 93, American Airlines Flight 11, American Airlines Flight 77 and United Airlines Flight 175; and

WHEREAS, These acts of terrorism and murder took the lives of uncounted individuals, including heroic members of Fire and Police departments, and employees of the State of New York and employees of private businesses; and

WHEREAS, Many more individuals have been left physically and emotionally wounded by these events; and

WHEREAS, The unfolding personal and national tragedy led to an outpouring of selfless personal heroism by numerous firefighters, police officers, rescue personnel and other individuals, thus demonstrating the compassion, spirit and love of freedom in the heart of every New Yorker and every American; and

WHEREAS, We, as proud citizens of the United States of America and the State of New York, renew our commitment to defend our hard-fought freedoms wherever and whenever they are threatened, and to stand united against any and all acts of aggression against liberty; and

WHEREAS, We as the elected representatives of the Town of Orchard Park which has welcomed all, offer our deepest condolences and prayers to the families and loved ones of those who are missing or have been killed or injured, and pledge our heartfelt support throughout this time of grief and uncertainty;

NOW, THEREFORE, be it

RESOLVED, That this Town Board declare its condemnation of the deplorable and evil terrorist acts committed upon our State and Nation as a whole on September 11, 2001; and be it further

RESOLVED, That we profoundly thank all those who courageously responded to these tragedies and offered their help in the face of danger; and be it further

RESOLVED, Fear will not prevail in the United States of America; those who would attempt to destroy our most sacred ideals and threaten the peace of our State and Nation will be found and brought to Justice.

The resolution was unanimously adopted.

Supervisor Cudney announced that there is a special Community Memorial Service being held this evening at 8:00 PM in the Orchard Park High School Auditorium. Everyone is welcome to attend.

PUBLIC HEARING

At 7:00 PM the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of an amendment to the Orchard Park Town Code of Ordinance which reads as follows:

§2-2 Legislative Intent is hereby repealed.

The following language shall be substituted:

§2-2 Legislative Intent. It is the desire of the Planning Board and Zoning Board of Appeals to have a full compliment of voting members at each meeting in which action is to be taken on an application. In any instance where a voting member of the Planning Board or Zoning Board of Appeals is absent, the use of alternate members is hereby authorized pursuant to the provisions of this chapter. In promulgating this Local Law the Planning Board and Zoning Board of Appeals hopes to keep its alternates informed and active in Town matters.

§2-3 Definitions should be amended as follows:

ALTERNATE MEMBER – An individual appointed by Town Board who is utilized when a regular member is unable to participate on an application or matter before the respective board, as provided herein.

Affidavits and Publication of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. At such time all interested persons were given an opportunity to be heard.

At this time the Town Attorney stated this amendment allows the alternate members of the Planning Board and the Zoning Board of Appeals to act whenever there is a member of the board absent. The ordinance previous stated that alternates could only vote when there was no quorum.

Comments from the floor:

John Bernard, 6760 Powers Road: Planning Board Member, he stated he is opposed to this amendment. He also stated the Planning Board has many cases that go on for months and years with continual review. It would not be practical for someone to step in. In all the years he has been on the Planning Board there has never been a problem with a quorum.

Lorraine Biryla, 57 Greenmeadow Drive: Planning Board Member, she stated she was a long time member of the Planning Board and that she is opposed to this amendment too. This amendment may be practical for the Zoning Board of Appeals as they usually do not have long term situations that could take years to resolve as the Planning Board has. There is a lot of research and hard work involved. This proposal would allow someone to just step in and cast a vote, which could be completely opposite from what a member may have intended. If this is the case, there is no reason for Planning Board members to be as dedicated as they are.

Dave Kaczor, 23 Silent Meadow: Zoning Board of Appeals Chairman, he stated he was in favor of this amendment for the Zoning Board of Appeals and the alternate member has been very beneficial for the Zoning Board of Appeals.

Remi Orffeo, 17 Ventura: Zoning Board of Appeals member, he stated having an alternate is invaluable.

Councilman Buyer asked the Town Attorney if only the portion of the amendment pertaining to the Zoning Board of Appeals could be adopted, and not adopt the portion addressing the Planning Board. Town Attorney Berkowitz said that this could be done. At this time the Town Board decided not to move on this amendment until they further discuss it.

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

RESOLVED, that the Public Hearing in the matter of an amendment to the Town Code of Ordinance regarding Alternate Members to the Planning Board and Zoning Board is hereby closed at 7:20 P.M. (local time).

The resolution was unanimously adopted.

PUBLIC HEARING

Supervisor Cudney stated that the Communications Law is quite long and complex, therefore the Town Board does not plan to take any action on it this evening, but public comment will be received this evening. The Public Hearing will be recessed and reopened on October 3, 2001.

At 7:00 PM the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of an amendment to the Orchard Park Town Code of Ordinances which reads as follows:

I. COMMUNICATIONS FACILITES

A. Legislative Intent.

The Town of Orchard recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communications tower and/or similar facilities. The intent of this article is to protect the Town’s interest in properly siting towers and/or similar facilities in a manner consistent with sound land use planning by:

(1) Minimizing adverse visual effects of towers and/or similar facilities through careful design, siting and vegetative screening;

(2) Avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures;

(3) Maximizing the use of any existing tower or existing buildings and/or structures to reduce the number of towers and/or similar facilities needed; while also allowing wireless service providers to meet their technological and service objectives.

B. Definitions. As used in this article, the following terms shall have the meanings indicated.

ACCESSORY STRUCTURE - An accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility, and located on the same lot as the communications tower. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.

ANTENNA - A system of electrical conductors that transmit or receive radio or similar communication frequency signals. Such signals shall include, but not be limited to, radio, television, cellular, paging, data transmission, personal communication services and microwave communications.

COLLOCATED ANTENNAS - Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antenna(s) and do not require construction of a new tower, a significant structural modification of an existing telecommunications facility or the construction of new antenna in a height in excess of any existing antennas located on any such tower, building or other structure.

FALLDOWN AND/OR SAFETY ZONE - The radius around a tower within which all portions of the tower and antenna(s) would fall, regardless of any claimed provision for the break off of a portion of such a tower in the event of a structural failure of the tower.

TELECOMMUNICATIONS FACILITIES - Towers and/or antennas and accessory structures which together are used in connection with the provision of cellular telephone services, data transmission services, personal communications services, paging services, radio and television broadcast services and similar broadcast services.

TOWER - A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures which do or do not employ camouflage technology.

TOWER PERMIT - A permit to facilitate the construction of a tower and/or telecommunication facilities pursuant to this article.

C. Approvals required for telecommunications facilities.

(1) Collocated antennas. Telecommunication facilities comprised of collocated antennas (and accessory structures) are permitted as of right in any district upon the issuance of a building permit. Such facilities shall comply with all building permit. Such facilities shall comply with all building code requirements set forth in the Town Code (“Code requirements”), provided that any such collocated antennas which require the erection of additional tower sections shall require a site plan review and approval by the Town’s Zoning Board of Appeals (“ZBA”) and a tower permit as set forth in this article.

(2) Municipal – or government-owned property. Telecommunications facilities requiring construction of a new tower and/or antenna on municipal – or government – owned property, shall require a site plan review and approval by the ZBA. If the tower and/or antenna is less than or equal to 100 feet in height it may be constructed upon the issuance of a building permit, provided that a majority of the members of the ZBA recommends the issuance of such a building permit and the facility in question complies with all Code requirements. If the tower and/or antenna is over 100 feet in height, construction and operation will require the issuance of a tower permit. Additionally, facilities to be located on property owned by municipalities or other government entities other than the Town of Orchard Park shall, to the extent applicable, comply with any additional legal requirements imposed by such municipalities or other governmental entities.

(3) Nonresidential districts. Telecommunications facilities requiring construction of a new tower on nonmunicipal- or government-owned property in any nonresidential zoning district shall require a site plan review and approval by the ZBA and the issuance of a tower permit as set forth in this article.

(4) Residential districts. Telecommunications facilities requiring construction of a new tower in residential zoning district shall in all cases require a site plan review and approval by the ZBA and the issuance of a tower permit as set forth in this article. Additionally, applications for such telecommunications facilities in residential districts shall be treated as Type I action for purposes of the State Environmental Quality Review Act and shall also require the submission of a visual environmental assessment form addendum to the ZBA.

D. Tower permit application materials.

All applicants for a tower permit shall make a written application to the Town’s ZBA, which should initially be delivered to the Town Building Inspector (with a copy to the Town Clerk), which application shall include:

(1) Orchard Park tower permit application form.

(2) Orchard Park site plan review application form.

(3) Environmental assessment form.

(4) A site plan (“site plan”) in form and content acceptable to the Town, prepared to scale and in sufficient detail and accuracy showing at a minimum:

(a) The exact location of the proposed tower an/or antenna, together with the guy wires and guy anchors.

(b) The maximum height of the proposed tower and/or antenna.

(d) The color or colors of the tower.

(e) The location, type and intensity of any lighting on the tower and antenna.

(f) The property’s boundaries of the property on which the tower and/or antenna is proposed to be constructed (“the property”).

(g) A copy of the property survey prepared by a licensed land surveyor.

(h) Proof of the landowner’s consent, if the applicant will not own the property. (A copy of a lease agreement also be provided if the applicant will not own the property.)

(i) Location of all structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of these structures to the tower and the distance of the tower from all property lines and public roads or rights-of-way and all structures within the falldown zone.

(j) The names and mailing addresses of all adjacent landowners.

(k) The location, nature and extent of any proposed fencing and landscaping or screening to be constructed around or in conjunction with the tower and/or any telecommunications applicable to the tower.

(l) The location and nature of any utility easements and access roads proposed or existing in connection with the tower or applicable telecommunications facilities.

(m) Building elevations of accessory structures and/or immediately adjacent buildings to the proposed tower and related telecommunications facilities.

(n) Location and nature of any power generators existing or to be constructed in connection with a proposed tower and/or related telecommunications facilities.

(5) “Before” and “after” propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage, contrasted with proposed signal coverage resulting from the proposed telecommunications facility.

(6) A “search ring” prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the ZBA why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure within the search ring which would have allowed for collocated antenna(s) and to what extent the applicant explored locating the proposed tower in a more intensive use district or other available sites which are more consistent with the type preferences set forth in Subsection E below.

(7) The ZBA, upon reviewing the application, may request reasonable additional information, including but not limited to any visual and aesthetic information it deems appropriate on a case-by-case basis. Such additional information may include, among other things, enhanced landscape plans, line-of-sight drawings and/or visual simulations from the viewpoints selected by the ZBA or its designated agents (including the Town’s Engineer) or representatives.

E. Communications facility permit standards.

The following criteria will be considered by the ZBA prior to the approval/denial of a request for a tower permit and may be used as a basis to impose reasonable conditions on the applicant to the issuance of such a tower permit:

(1) Siting preferences. The ZBA may express a preference that the proposed telecommunications facility be located in higher intensity use district or on higher intensity use property, provided that there is a technologically feasible and available location. A guideline for the ZBA’s preference, from the most favorable to the least favorable district/property, is as follows:

(a) Property with an existing structure suitable for collocation.

(b) Municipal- or government-owned property.

(d) Property located in the A Zoning District.

(e) Property located in a residential zoning district.

(2) Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences or properties to the extent possible, the ZBA may impose reasonable conditions on the applicant, including but not limited to the following.

(a) The ZBA may require a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower. Monopoles are a preferred design.

(b) The ZBA may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and/or to screen the tower to the extent possible from adjacent property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible. Additionally, landscaping shall include two lines of spruce trees having a minimum height of six feet, each planted 10 feet apart. The first such line to be located 10 feet outside any required fence around a permitted tower and the second to be located 25 feet outside any required fence around a permitted tower.

(c) The ZBA may require the applicant to show that it has made good-faith efforts to collocate on existing towers or other available and appropriate collocated structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application.

(d) Towers shall be designed and sited so as to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted except as provided herein or as required by the FAA. Towers shall be a galvanized finish or painted matte gray unless otherwise required by the FAA or the ZBA. Any lighting which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.

(e) No tower shall contain any signs or advertising devices.

(f) The applicant must submit a copy of its policy regarding collocation on the proposed tower with other potential future applicants. Such policy shall not be changed without the written consent of the ZBA and be applicable to any assignee or transferee of the applicant and require applicant to allow collocation if the new antenna(s) and equipment do not exceed structural loading requirements, interfere with tower space used or to be used by the applicant nor pose any technical or radio frequency interference with existing equipment. The party desiring to collocate shall pay the applicant an appropriate and reasonable sum to collocate.

(3) Radio-frequency effect. The ZBA may impose a condition on the applicant that any approved antennas be operated only at Federal Communications Commission (FCC) designated frequencies and power levels and/or Environmental Protection Agency technical exposure limits and that the applicant provide competent documentation to support that the maximum allowable frequencies, power levels and exposure limits for radiation will not be exceeded.

(4) Traffic, access and safety.

(a) A road turnaround and at least one parking space shall be provided to assure adequate emergency and service access to all telecommunications facilities. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road rights-of-way for the siting of a tower or antennas or accessory structures is prohibited. All such roads shall be maintained and kept free of snow to assure appropriate access at all times.

(b) All towers and accessory structures, including guy anchors, if applicable, shall be enclosed by a fence eight feet in height or otherwise sufficiently protecting such facilities from trespassing or vandalism. The height limitations and material limitations applicable to such fences contained elsewhere in the Town’s Zoning Code are exempt as they affect this section. Fencing shall be a minimum of 100 feet by 100 feet and shall be constructed at least 50 feet from the base of the tower.

(c) The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulation.

(d) The ZBA may require the towers and antenna(s) be set back a sufficient distance from adjacent property lines and/or structures to safeguard the general public and/or adjacent property from damage in the event of a tower failure or falling debris such as ice, which distance shall take into account the fall down zone of any tower and/or antenna. In all instances towers and/or antennas shall be located no closer than 800 feet from any public road or right-of-way and 500 feet from any existing residences. The falldown zone should be equal to the height of the tower and any antenna annexed thereto from any adjacent property line. Notwithstanding the limitations contained herein, the ZBA can set a different fall down zone upon receipt of information from the applicant or adjoining property owners which demonstrates the safety of the general public or adjacent property is protected.

(e) If the ZBA deems it appropriate, it may require a reasonably acceptable security alarm or alarms to be installed in connection with any tower or related telecommunications facilities as a condition to the issuance of a tower permit.

(5) Removal of a tower. The applicant shall agree to remove the tower, antenna and/or telecommunications facility if said tower, antenna and/or telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The ZBA shall require the applicant to provide a demolition bond reasonably acceptable to the ZBA (the “bond”) to assure appropriate removal of a telecommunications facility, antenna and/or tower in case the applicant fails to do so as required in the amount and for the term deemed appropriate by the ZBA. If requested in writing by the ZBA the amount of said bond will be adjusted, no more frequently than once every five years, to reflect the current removal cost. Notwithstanding any other provision of this subsection E(5) to the contrary, the ZBA may waive the requirement for a demolition bond in those instances where a particular tower and/or antenna is collocated on an existing tower and/or antenna, the removal of which is assured by an acceptable existing demolition bond.

(6) Structural safety. Upon written request from the ZBA or town, either during the application process and/or after construction of the tower and/or antenna, the applicant shall provide a certificate from a qualified licensed engineer certifying that the tower and/or antenna meets with applicable structural safety standards. Such requests from the ZBA or Town shall not occur more than once every five years unless the Town has reasonable grounds to believe the tower and/or antenna is in unsafe condition, in which event such a request may be made on a more frequent basis. In any such an event, the certificate described herein shall be delivered to the Town and/or ZBA within 30 days of such a request, and any repairs recommended in such a certificate shall be commenced, and if possible completed, within 30 days of the date of such a certificate.

(7) Maintaining the telecommunications facility. Notwithstanding any other provision contained herein, all telecommunications facilities shall be maintained in good order and repairs required by the Code requirements and all applicable state and local statutes and regulations. Failure to make such repairs within 10 days of receipt of a written request to do so from the Town or to maintain an acceptable demolition bond as described in Subsection E(5) of this section shall constitute a violation of this article and subject the applicant and/or any owner, lessee or operator of such facility or facilities to a fine of up to $500 per day with each day thereafter on which such a violation continues to exist constituting a separate violation of this article.

(8) Lease or sublease of telecommunications facilities.

(a) All lessees, sublessees, or operators of towers or telecommunications facilities, other than applicant, who use or operate any approved-of facilities shall, as a condition of said use, agree in writing to be bound by the provisions of any existing tower permit and site plan approval.

(b) No applicant will lease or sublease any approved tower or telecommunications facilities without the Town’s written consent which will not be unreasonably withheld.

(9) Required landscaping around towers or telecommunications facilities shall be maintained all times. Dead trees shall be replaced within 150 days with similar sized trees, regardless of height, if possible. Property shall be mowed regularly to a height of six inches or less twice a month during the growing season.

(10) Notice of operation. At all times during which a tower and/or antenna regulated by this article is located or operated within the Town the owner, lessee and/or operator shall provide the Town’s Clerk with written notice of the name, address and telephone number of at least two individuals who are located within 50 miles of the Town who can be reached on a 24-hour basis in case emergency maintenance or safety precautions are required at such a tower or any telecommunications facilities relating to such a tower.

F. Exemptions from requirements of this article. The following are exempt from the requirements of this article:

(1) Existing towers and antenna(s) may be repaired and maintained without restriction.

(2) An antenna used solely for residential household television and radio reception which, together with any tower or other structure to which it is attached, do not exceed 45 feet in height, provided that the antenna or any tower to which it is attached is at least the same distance from any adjoining property line.

(3) Satellite antennas measuring two meters or less in diameter and located in agricultural, business or industrial zoning districts and satellite antennas one meter or less in diameter, regardless of location.

G. Procedure.

(1) The ZBA may waive any requirements in this article for good cause shown.

(2) This article is meant to control and regulate the construction and use of towers, antennas, related telecommunications facilities and similar facilities in the Town. Unless specifically referenced in this article, other sections of the Zoning Law are intended to be applicable to such facilities (such as height limitations normally required in the relevant zoning district).

H. Permit and related fees.

(1) Permit fees pertaining to tower permits or building permits issues pursuant to Subsection C(1) or C(2) of this section are as follows and may be changed from time to time by resolution adopted by the Town Board:

(2) As a condition to the issuance of any related building or tower permit to facilitate the construction of a tower, antenna or telecommunications facilities pursuant to this section, the ZBA may require the applicant to pay the fees of an independent engineer retained by the Town to assist in the evaluation of the permit application.

Comments from the floor:

Douglas W. Dimitroff, Attorney with Phillips, Lytle, Hitchcock, Blaine & Huber LLP, representative for AT&T Wireless PCS, LLC: Stated he faxed written communication regarding this ordinance to the Town Board and Mr. Dimitroff asked the Town Board to take his recommendations into consideration.

Nicholas Taneff, 279 Summit Avenue: He submitted written communications regarding the AT&T application for a telecommunication tower on N. Freeman Road and some other comments. At this time he was referred to the Zoning Board by the Town Attorney.

Tom Kocialski, 19 Pawtucket Row: He submitted written comments regarding the communication towers and questioned how this ordinance would affect Amateur Communications as he is an amateur radio operator.

Craig Anderson, 55 Tanglewood West: He stated that he is also an amateur radio operator and wondered what provisions this ordinance has for Amateur Communications.

Town Attorney Berkowitz stated that §144-21 specifically exempts Amateur Radio Towers from height regulations.

Beverly Hammersmith, 6243 Benning Road: She has a tower on her property, and her experience with the provider has been positive and feels they are an excellent tenant. The only suggestion she has on the site plan review is to address drainage issues.

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

RESOLVED, that the Public Hearing in the matter of an amendment to the Town Code of Ordinances, regarding Telecommunications Towers is hereby recessed at 7:32 P.M. (local time) to be reopened on October 3, 2001.

The resolution was unanimously adopted.

Old Business #1 Jim Ball Pontiac, 3475 Southwestern Blvd. request for a curb cut.

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

WHEREAS, Jim Ball Pontiac, 3475 Southwestern Boulevard, requested approval of a curb cut on the south side of Hart Place, east of Southwestern Blvd, and at the August 15, 2001 Town Board Meeting this was referred to the Planning Board and the Public Safety Committee, and

WHEREAS, the Public Safety Committee recommended approval with the stipulation that the two (2) stop signs located at the driveways stay in place for safety reasons, and that all the vehicles that are transported through the driveways have license plates on them due to the fact they cross the public roadway, and

WHEREAS, the Conservation Board stipulated that the existing white ash trees be removed from the buffer zone to the west of the curb cut and that six (6) Street Trees (Little Leaf Lindins) be planted at twenty-foot intervals, and

WHEREAS, the Planning Board recommended approval of the curb cut per the conditions of the Public Safety Committee and that the Town Board advise the Building Inspector not to renew the temporary Certificate of Occupancy for the truck center until such time as the one (1) paver/display pad which is currently in the required 50 ft. setback is removed

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby approve the request for a curb cut per the conditions of the Planning Board, the Public Safety Committee and the Conservation Board, and be it further

RESOLVED, that the Building Inspector is advised not to renew the temporary Certificate of Occupancy until one (1) display paver pad, that is in the required 50 ft. setback and was not on the approved site plan, is removed.

The resolution was unanimously adopted.

New Business #1 Advertise for bids for the Orchard Park Senior Center Roof Replacement Project

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

WHEREAS, the final design plans, specifications and bid documents for the Orchard Park Senior Center Roof Replacement Project have been completed, and

WHEREAS, the project includes the stripping of all of the existing roofing and the replacement of the shingle roof and flat roofs, and included is the replacement of all gutters, roof vents and installation of additional ventilation,

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the advertisement for bids for the Orchard Park Senior Center Roof Replacement Project to be placed in the Southtowns Citizen and the Buffalo News, with the bid opening scheduled for October 11, 2001 at 11:00 AM in the Supervisors Conference Room, as recommended by the Town Engineer.

The resolution was unanimously adopted.

New Business #2 Schedule Public Hearing for 2002-2003 Community Development Block Grant

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

WHEREAS, in order to be eligible to continue to receive Community Development Block Grant Funds through Erie County (CDBG) Consortium, the Town of Orchard Park is required to conduct a public hearing to provide citizens an opportunity for input into the project selection process, project applications are due on November 5, 2001, and

WHEREAS, prior to the hearing, the Engineering Department will prepare an information packet which will describe the CDBG program, a list of previous HUD funded projects in our Town, and a list of potential projects to be considered for next year’s funding applications

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby schedule a public hearing for Wednesday, October 3, 2001 at 7:00 P.M. (local time) on the possible use of 2002-2003 Community Development Block Grant Funds, as recommended by the Town Engineer.

The resolution was unanimously adopted.

New Business #3 Authorize the Chief of Police to hold the Annual Bike Auction

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

RESOLVED, that the Town Board does hereby authorize the Chief of Police to hold the Annual Bike Auction on Saturday, October 6, 2001, at 10:00 A.M. in the parking lot behind the Police Station.

The resolution was unanimously adopted.

New Business #4 Appointment to the Board of Assessment Review

8) 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 authorize the re-appointment of James Rykowski, 17 Kings Court, to a five (5) year term on the Board of Assessment Review, with the term to start October 1, 2001 and runs through September 30, 2006.

The resolution was unanimously adopted.

New Business #5 Approve Commercial Parking Permits

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

RESOLVED, that the Town Board is hereby approve the Commercial Parking Permits requested by: David D. Tempestoso, 3912 Southwestern Blvd., and Yamping Gao, 5100 Big Tree Road.

The resolution was unanimously adopted.

New Business #6 Refer request to Planning Board and Conservation Board

10) 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 request from Q.T. Associates, 3085 Southwestern Blvd., to extend a one story brick building an additional 8,000 square feet at the location of 3057 Southwestern Blvd., to the Planning Board and Conservation Board.

The resolution was unanimously adopted.

ELECTED OFFICIALS & DEPARTMENT HEADS

Town Clerk, Janis Colarusso, announced the September 11, 2001 primary that was cancelled by the Governor, due to the terrorist attack on the World Trade Center in New York City. They have rescheduled the Primary Election for Tuesday, September 25, 2001. The New York State Board of Elections has determined that the September 25^th primary will start fresh. All the votes, except absentee ballots, from September 11^th, do not count, everyone will have to return to the polls on September 25^th to have their vote count.

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

RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #18, following auditing by members of the Town Board and in the funds indicated:

General Fund	$112,689.64
Part Town Fund	$16,516.64
Highway Fund	$57,898.05
Special Districts	$41,369.96
Trust & Agency	$8,155.23
Capital Fund	$32,961.21

The resolution was unanimously adopted.

BUSINESS FROM THE FLOOR

Jerry Scoones, 15 Green Lake Drive: Representing the 8^th Air Force Society who served during WWII. He requested that the Town Board proclaim the week of October 8 – 14 as “8^th Air Force Week”. Supervisor Cudney said she would put it on the October 3^rd agenda.

There being no further business from the floor, on motion by Councilwoman Ackerman, seconded by Supervisor Cudney, the meeting was adjourned at 7:40 PM with a moment of silence in memory for those we have lost and for all those who have suffered as a result of the September 11^th terrorist acts.

Respectfully Submitted,

Janis A. Colarusso

Town Clerk