Reg. Mtg. #7 Mtg. #9 4/4/90 Page 1
A Regular fleeting of the Town Board of the Town of Orchard Park, Erie County, New York was held at the Municipal Building at Orchard Park, New York on the 4th day of April, 1990 at 8:00 P.M. EDT and there were
PRESENT AT ROLL CALL: D. J. Mill Supervisor
D. P. Curley Councilman
J. J. Mills Councilman
P. D. Barnas Councilman
D. M. Buyer Councilman
Betty K. Reukauf Town Clerk
L. Berkowitz Town Attorney
R. W. Sweet Building Inspector
R. C. Henning Police Chief
R. A. Geitter Supt. of Highways
M. R. Merritt Town Engineer
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered
APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 3/7/90, as presented by the Town Clerk, be and are hereby approved, and be it further
RESOLVED that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #1 - Award Collection and Disposal Agreement.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the agreement with C.I.D. Refuse Inc. for garbage collection and disposal, effective 1/1/91, they being the lowest responsible bidder thereof and the only bidder for a five (5) year contract.
Before the vote was taken, Supervisor Mill reviewed the contract specifics, felt the contract is "flexible" and allows the Town to collect recyclable itself if the market improves for these and stated the Village signed a similar agreement with C.I.D. last Monday.
Councilman Curley stated 100% of the materials the Town will put out will be recycled and won't go to a landfill.
At this time Andrea Moore, Esq. associated with Jaeckel, Fleischmann & Mugel stated she was here on behalf of Joseph Ball in regard to the bidding contract. She agreed to wait until later in the meeting to voice her displeasure.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - N.D.C. Homes, Duerr Rd. - Rezoning for Townhouses.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from N.D.C. Homes, Inc. - Duerr Road at
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N.Y.S. Southern Expressway for rezoning of properly from R-3 to R-3 Special Exception Use for construction of townhouses.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 - R.F. Hutton - Tax Seminar.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Receiver of Taxes Raymond F. Hutton to attend the annual Seminar for Tax Collecting Officers at Lake Lucerne, N.Y. on 6/10/90 - 6/13/90 at Town expense as provided in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #13 Soil Testing on S.S.# 3 excess properly on Duerr Road.
Removed from the agenda. The Town Engineer was directed to contact Soil Testing Co. to get information and cost for testing. The Recreation Committee was directed to re-view and make recommendations, for the use of said property including cost and estimates, to the Town Board for their consideration.
New Business #4 - Volunteer Fireman Recruitment Month.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to designate the month of April "Volunteer Fireman Recruitment Month" in the Town of Orchard Park.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - Newton Abbott Fire Hall - temporary sign permit.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve a temporary sign permit at the Newton Abbott Fire Hall to display the designation of Fireman Recruitment Month as recommended by the Building Inspector.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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Councilman Curley stated he had had complaints about a sign located on Milestrip Rd. and Abbott Rd. advertising entertainers at the Newton Abbott Fire Hall and requested the Building Inspector to check on this.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing 5/2/90 at 8:00 PM EDT in the matter of an amendment to the Code of Ordinances, which amendment provides as follows:
§124-2 is hereby amended as follows:
A. Income of Owner
(1) Real property owned by one (1) or more persons, each of whom is sixty-five years of age or over, or real property owned by husband and wife, one (1) of whom is sixty-five years of age or over, shall be exempt from general town tax in accordance with the following table:
Percentage Valuation Annual Income Exempt from Taxation
Income Up to $12,025 50%
$12,026 to $12,625 45%
$12,626 to $13,225 40%
$13,226 to $13,825 35%
$13,826 to $14,425 30%
$14,426 to $15,025 25%
$15,026 to $15,625 20%
§ 124-2 A (5) will state the following
Any person otherwise qualifying under this section shall not he denied exemption under this section if that person becomes sixty-five years of age after the appropriate taxable status date and before December 31 of the same year.
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to designate Friday 4/27/90 as Arbor Day in the Town of Orchard Park.
Before the vote was taken, Councilman Barnas stated the Orchard Park School has offered to plant 100 Christmas trees on the California Road site and the Highway Superintendent has offered to oversee this project.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to appointment of the following to the Ad Hoc Sign Committee:
John Bernard, 67140 Powers Road
Robin Stone, 25 Cherry Tree Lane
Rex Brown, 25 Wellington Lane
William Corcoran, 145 Crescent Drive
Dennis Blaszak, 70 Washington Avenue
and be it further
RESOLVED, John Bernard shall be designated Chairman.
Before the vote was taken, Councilman Mills stated the Committee shall begin meeting about the last week of April and shall need about 5 or 6 meetings.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 6/6/90 at 8:00 PM EDT in the matter of an amendment to the Zoning Ordinances of the Town of Orchard Park entitled "Schedule of Zoning Fees", and be it further
RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED. - This reso was rescinded.
Councilman Barnas thanked the Town Board for approving his attendance at a Recycling Seminar in Syracuse. He felt the seminar was very informative and he distributed a great deal of literature about recycling paper etc.
Councilman Buyer reported at the last Tri Board meeting the School Board wondered if the Town would be interested in providing the electricity to light the tennis courts. After much discussion on the pros and cons it was decided the Town Board would consider the request.
Highway Superintendent Ronald Geitter reported the Recycling Center has doubled the intake in the last month so people are becoming more "Environmental" aware.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Town Clerk Betty K. Reukauf for she and her Deputy to attend an RMO workshop at Amherst, New York, at Town expense as provided in the budget, on 5/22/90 as a prerequisite to qualify for grants to implement the State mandated Records Retention Program.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
WHEREAS, Ultra Safe Abatement, Inc., was the successful bidder for Contract E Asbestos Abatement, in connection with the Orchard Park Municipal Project, and
WHEREAS, Ultra Safe Abatement, Inc. has performed a portion of the work pursuant to Contract E, and
WHEREAS, Ultra Safe Abatement, Inc. has not responded to correspondence and telephone inquiries and is no longer in business, and
WHEREAS, it is apparent that Ultra Safe Abatement, Inc. will not complete the balance of work pursuant to Contract E,
NOW, THEREFORE, BE IT RESOLVED that Ultra Safe Abatement, Inc. is hereby declared to be in default, and
BE IT FURTHER RESOLVED that Leonard Berkowitz, Esq., Town Attorney, is authorized to take appropriate action to recover any damages caused by the above referenced default from U.S. Capital Insurance Company, the bonding company, for Ultra Safe Abatement, Inc.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from Police Chief Robert Henning to send one (1) police officer to the F.B.I. Fire Training Course at the Town of Tonawanda Police Department Firing Range to be held the week of 4/30/90 at Town expense as provided in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from the Highway Superintendent to schedule a Bid Opening for one (1) new plow truck on 4/30/90 at 11:00 AM EDT in the Conference Room.
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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request from the Highway Superintendent to attend the annual Highway Superintendents Conference at Cornell, N.Y. on 6/3/90 - 6/6/90 at Town expense as provided in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the application for P.I.P. #203 from Another Doll House, Inc. for Orchard Meadows, Part 8, Phase 6 as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, additional work not specified in the original contract documents is necessary for installing an additional door into police interrogation room (for security purposes), a modification to the service window in the Court Clerk's Office, the installation of the foundation for the proposed street clock being donated by the Village of Orchard Park, and the installation of a new roof membrane for the old Post Office skylight,
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve Change Order #3 to the Orchard Park Municipal Center Project Contract A with Kirst Construction, Inc. 7170 Boston State Road, North Boston in an increase in the amount of Three Thousand Five Hundred ninety-three ($3,593.00) Dollars bringing the total Contract A amount to Two Mill-ion Four Hundred Thirty-three Thousand Three Hundred thirteen ($2,433,313.00) Dollars recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, additional work is necessary for removing the roof from the existing police wing, and
WHEREAS at the time the original project was awarded, the specifications prepared by Duchscherer Oberst Design, P.C. called for the general contractor to demolish the existing police wing, but not the roof, and
WHEREAS, the roof demolition was included in Contract E (Asbestos Abatement) because the roofing material was believed to contain asbestos, and
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WHEREAS, subsequent testing proved that there is no asbestos present, so it would be much more practical to have the general contractor remove the roof in conjunction with the building demolition rather than a separate contractor, in a separate operation, and
WHEREAS, Contract A was awarded with Alternate G-2 representing a deduction of $1,507.00 for not having to remove the roof. The net cost to the Town for this change is $1,393.00, but we do not have an alternative since our asbestos contractor (Ultra Safe) is in default and we may be able to recover this cost from the bonding company
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve Change Order #4 to the Orchard Park Municipal Center Project - Contract A with Kirst Construction, Inc., 7170 Boston State Road, North Boston in an increase in the amount of Two Thou-sand Nine Hundred ($2,900.00) Dollars bringing the total Contract A to Two Million Four Hundred Thirty-six Thousand Two Hundred thirteen ($2,436,213.00) Dollars as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, additional work is necessary for removal of asbestos material in the existing Town Hall and police wing, as our asbestos abatement contractor, Ultra Safe Abatement, is in default and we have therefore cancelled Contract E and our General Contractor has hired a New York State licensed subcontractor, Safe Air Environmental Group, Inc., 1975 Wehrle Drive, P.O. Box 1767, Williamsville, N.Y. 114231-1767 to complete the remaining asbestos abatement work, and
WHEREAS the Town should be able to obtain reimbursement for any and all additional costs associated with this change from Ultra Safe's bonding company, and
WHEREAS, because of the asbestos contract complications, our general contractor has requested a three week extension on his contract which would make the completion date November 30, 1990
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve 1] Change Order #5 to the Orchard Park Municipal Center Project - Contract A with Kirst Construction, Inc., 7170 Boston State Road, North Boston, in an increase in the amount of Twenty-nine Thousand Seven Hundred thirty-nine ($29,739.00) Dollars which brings the total Contract A to the amount of Two Million four Hundred Sixty-five Thousand Nine Hundred fifty-two ($2,465,952.00) Dollars and 2] a twenty-one (21) day extension of the completion date for Contract A as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, due to the default of Ultra Safe Abatement on Contract E of the Orchard Park Municipal Center Project we have some additional costs in securing another contractor to perform the remainder of the asbestos abatement work, and
WHEREAS, we authorized our architects to prepare separate plans, specifications and bid documents in the event the Town would have to readvertise and take new bids on Contract E, and the firm, also at our instruction, solicited informal bids from N.Y.S. licensed
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asbestos contractors in the event it was determined that this alternative was permissible, and
WHEREAS an invoice for this work which is obviously above the scope of work described in their design contract has been received and we believe that this cost and any additional costs associated with Ultra Safe's default can be recovered from its bonding company,
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve Change Order #4 to our Contract with Duchscherer Oberst Design P.C. on the Municipal Center Project in the amount of an increase of One Thousand Six Hundred five ($1,605.00) Dollars as recommended by the Town Engineer.
Before the vote was taken, Councilman Barnas reviewed for the audience the many hours and a great deal of effort that has been spent by the Town Engineer to get all of these change orders ready for approval etc. Town Engineer Mike Merritt is to be publicly commended for the fantastic job he has done with the Municipal Center Project to date with little or no problems.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #7 following auditing by members of the Town Board and in the funds indicated:
WARRANT #7
GENERAL FUND $54,938.69
PART TOWN FUND 2,413.76
HIGHWAY FUND 5,583.81
SPECIAL DISTRICTS FUND 43,085.88
TRUST & AGENCY FUND 164,910.72
CAPITAL FUND 476,018.00
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the following Reports, #1 & #2, as entered on the agenda and Report #3 not entered on the agenda:
#1 -Michael McGuire, Chairman of Z.B.A. - Report on attendance at Association of Towns Conference.
#2 - Building Permits and Building inspector's Monthly Report for March 1990.
#3 - John J. Mills, Councilman - Report on attendance at Association of Towns Conference.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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BUSINESS FROM THE FLOOR
1] Joe Ball, bidder on the garbage contract - Questioned the Board as to who they signed the contract with for garbage, C.I.D. or Eastern Waste Management?
Supervisor Mill stated it was with C.I.D.
2] William Pfeil, Triton Valley Estates - Requested the Town Board set a date for a work session on the Mobil Home Ordinance. The Town Board held a discussion among themselves and have tentatively set May 9th or May 23rd to discuss this project.
3] Jonesie Capriotto, 3100 Abbott Road - Asked how many people were, appointed to the Ad Hoc Sign Committee and why two people appointed are already members of the Planning Board and/or Zoning Board? Its about time, he feels, that new blood was brought in on these Ad Hoc Committees, especially in the light of the fact that William Corcoran is definitely anti business.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:15 PM EDT.
Respectfully Submitted,
Betty K. Reukauf
Town Clerk