Reg. Mtg. #2 Mtg. #3 1/15/92 Page 1

A Regular Meeting 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 15th day of January 1992 at 8:00 P.M. and there were

PRESENT AT ROLL CALL:

Dennis Mill	Supervisor
John Mills	Councilman
David Buyer	Councilman
Paul Barnas	Councilman
Nan Ackerman	Councilwoman
Betty Reukauf	Town Clerk
Leonard Berkowitz	Town Attorney
Robert Henning	Chief of Police
Michael Merritt	Town Engineer
Ronald Geitter	Highway Superintendent
Robert Sweet	Building Inspector

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 12/18/91, the Organizational meeting 1/1/92 and the Regular meeting held on 1/1/92, 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 - Quaker Boy, Webster Rd. - Set public hearing for rezoning.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a public hearing on 2/19/92 at 8:00 PM EST to rezone property located at 5455 Webster Road from I-1 to B-2 to uniform zoning for the entire property as requested by Quaker Boy, Inc. and be it further

RESOLVED, the Town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 1991-1992 Fall/Winter/Spring Recreation Staff appointments.

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

RESOLVED that the Town Board be and is hereby authorized to approve the following appointments to the 1991-1992 Fall/Winter/Spring Recreation Staff as recommended by the Recreation Director:

Reg. Mtg. #2 Mtg. #3 1/15/92 Page 2

John McAlpine 6305 Milestrip Rd. Golf Dir. $10/HR 2HR

Michael Workman 90 Fox Meadow Lifeguard Sub. $ 5/HR

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Appointment of Alternate Member to Southtowns Solid Waste Committee.

3) 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 approve the appointment of Councilman Paul Barnas as the Town of Orchard Park Alternate Member to the Southtowns Solid Waste Committee.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3- Appoint Part-time Clerk to Planning & Zoning Boards.

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

WHEREAS, Marleen Peters, the Town appointed Clerk, part-time, to the Planning and Zoning Boards has notified the Town Board that she shall be unable to perform her duties for the next 2 - 3 months because of medical reasons, and

WHEREAS, it is important that the Planning and Zoning Boards do have a Clerk to keep the clerical work current

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Kathy D. Gearhart, 39 Pawtucket Drive, Orchard Park to replace Mrs. Peters as Clerk, part-time to the Planning and Zoning Boards during her medical status.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - Community College Month.

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 proclaim the month of February 1992 as Community College Month in the Town of Orchard Park.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #2 Mtg. #3 1/15/92 Page 3

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

WHEREAS, at the Organization Meeting on 1/1/92 the Orchard Park Bee was designated the official newspaper for the Town of Orchard Park for the year 1992, and

WHEREAS, the Supervisor is in receipt of a letter from the Orchard Park Bee requesting the Town of Orchard Park to withdraw the designation of the Orchard Park Bee as the official Town newspaper for the year 1992

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to rescind resolution #64 of the Organization Meeting held on 1/1/92 designating the Orchard Park Bee as the official Town newspaper for the year 1992.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to designate the Southtowns Citizen as the official newspaper for the Town of Orchard Park, effective immediately, for the year 1992.

Aye Nay

D. J. Mill x

J. J. Mills x

P. D. Barnas x

D. M. Buyer x

N. W. Ackerman x

THE RESOLUTION WAS DULY ADOPTED.

Councilman Barnas thanked the Orchard Park Bee for withdrawing. He thanked Mr. Measer and the Orchard Park Bee for their kindness and efficient manner in which the Town Business was handled in the past.

Councilman Buyer stated the Orchard Park Bee has offered to continue to publish our legal notices at no charge for the immediate future as they realize a large number of residents are accustomed to reading these in the Bee.

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION SECONDED BY

RESOLVED that the Town Board be and is hereby authorized to reschedule from 2/5/92 to 2/19/92 at 8:00 PM EST the public hearing in the matter of the adoption of Local Law #1-1992 - Recycling Local Law.

Before a second was offered Councilwoman Ackerman withdrew her motion.

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

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Dennis Blaszak, 70 Washington Avenue to the Planning Board effective immediately to fill the unexpired term of Nancy Ackerman, Councilwoman elect, ending 12/31/96.

Before the vote was taken, Councilman Buyer stated he felt the Town Board had not sat down as a group and reviewed what qualifications were necessary for the appointment. He realized all candidates were qualified and of course some more than others but he felt this appointment was handled in a very unprofessional way. He proceeded to say he felt Harold Fabinsky's qualifications were better over all and read off a list of a few qualifications for the Board.

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Supervisor Mill stated all the prospective candidates were qualified and it was a difficult decision to make. He also felt it was nice to know so many people are interested in serving in Town Government and their resumes shall be kept on file.

Aye Nay

D. J. Mill x

J. J. Mills x

P. D. Barnas x

D. M. Buyer x

N. W. Ackerman x

THE RESOLUTION WAS DULY ADOPTED.

10) 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 direct the Supervisor to sign the agreement with Zambelli Corporation of New Castle, Pa. to provide the fireworks display for the 1992 4th of July Celebration, and be It further

RESOLVED, the Town Attorney be and is hereby directed to send a letter to said Corporation to direct them to allow only qualified personnel to be in charge of the display in Orchard Park and further that the fireworks must be shot high in the sky to prevent and damage to the surrounding area.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, the Town of Orchard Park is proud to be the home of the Buffalo Bills, and

WHEREAS, for the 2nd year in a row the Buffalo Bills have demonstrated their superiority by winning the AFC Championship

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to extend their best wishes to the Buffalo Bills in their endeavor to win Super Bowl XXVI against the Washington Red-skins at the Hubert H. Humphrey Metrodome in Minneapolis on January 26, 1992.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, Section 104b of the General Municipal Law requires every Town to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of General Municipal Law, § 103 or any other law; and

All information gathered in complying with the procedures of this Guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.

Guideline 4. The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the Purchaser prepares written justification providing reasons why it is in the best interest of the Town and its taxpayers to make an award to other than the low bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.

Guideline 5. A good faith effort shall be made to obtain the required number of proposals or quotations. If the Purchaser is unable to obtain the required number of proposal or quotations, the Purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement.

Guideline 6. Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances:

(a) Acquisition of professional services;

(b) Emergencies;

(d) Goods purchased from agencies for the blind or severely handicapped;

(e) Goods purchased from correctional facilities;

(f) Goods purchased from another governmental agency;

(g) Goods purchased at auctions;

(h) Computer software;

(i) Purchases pursuant to state or county bid.

Guideline 7. This policy shall be reviewed annually by the Board at its organizational meeting or as soon thereafter as is reasonably practicable.

Reg. Mtg. #2 Mtg. #3 1/15/92 Page 5

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill reported 1] he is in receipt of a letter from Erie County Executive Dennis Gorski reviewing the serious problem in the County and in the State for Youth Funding. Some of the Youth per capita State aid to the County was passed on to other municipalities. This will no longer take place and 2] requested the Town Attorney to contact Erie county to designate Taylor Road running west from North Buffalo Road to the intersection of South Taylor Road just east of the Railroad tracks as New Taylor Road. This section has been known locally as New Taylor Road for many years and residents have had problems with mail, rescue and ambulance, police, fire Departments as the County has the name as Taylor Road and identified by the street sign as Taylor Road.

Councilwoman Ackerman reported I] she and Councilman Barnas attended the Southtowns Solid Waste Committee attended by the northeast and northwest Boards and two important items were discussed: a) a discussion was held as to the feasibility of combining the three Boards and it was determined the Chairman of each Board shall meet and get back to the group and b) the State requires a comprehensive recycling analysis (a study of all recycled materials a community produces) and requests the County to produce this document. A long discussion was held re: expense and cost of study and who shall pay this bill, and 2] she and Councilman Buyer attended the Library Board Meeting and received the 1991 annual report. She commended Ann Laubacker, Library Director and the Library Board for the effective way the Library is being operated, especially with the cut-back in funding for libraries.

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

WHEREAS, the property, approximately 25.6 acres, located at Transit Road and Milestrip Road is up for sale at an asking price of $150,000.00, and

WHEREAS, the Town Board long range plan for recreation is to acquire property in the northeast area of Town

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct Councilman Mills to investigate and research the feasibility of the purchase of about 25.6 acres of land known as the Nike Base, Transit and Milestrip Road, owned by Roswell Park which owners are asking $150,000.00 for the development of future recreation use.

Before the vote was taken, Councilman Barnas stated he believes the property has been on the market for some time and the asking price was $450,000.00.

Councilman Mills stated his understanding is that the asking price is $150,000.00 but he shall make sure which is correct.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, 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. had performed a portion of the work pursuant to Contract E, and

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WHEREAS, Ultra Safe Abatement, Inc. did not complete the balance of work pursuant to Contract E, and was declared to be in default by the Town board on 4/4/90

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to sign the agreement with the Bonding Company for Ultra Safe Abatement, Inc., U.S. Capital Insurance Co., 4 West Red Oak Lane, White Plains, N.Y., which provides for payment in full for damages in an amount of Three Thousand Three Hundred forty Dollars ($3,340.00) caused by the default by Ultra Safe Abatement, Inc. in Contract E Asbestos Abatement in connection with the Orchard Park Municipal Project.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Building Inspector to attend with his two assistants, the Niagara Frontier Building Officials Educational Conference in Niagara Falls, N.Y. on February 3-4, 1992 at town expense as provided in the budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) 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 all entries on Warrant #1 following auditing by members of the Town Board and in the funds indicated:

WARRANT #1

GENERAL FUND $ 58,799.84

PART TOWN FUND 203.22

HIGHWAY FUND 29,314.89

SPECIAL DISTRICTS FUND 184,293.80

TRUST & AGENCY FUND 87,491.89

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to receive and file the communication as entered on the agenda:

Francis McGarry - State Fire Administrator: Acknowledgment of our correspondence re: restoration of funds to the State Fire Program.
Town of Concord - Adopted resolution requesting Erie County Legislature to continue providing State funds to local municipalities for Youth Services and Recreation Programs.

Reg. Mtg. #2 Mtg. #3 1/15/92 Page 7

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to receive and file the following reports as entered on the agenda:

1. Building Permits for December 1991 and Building Inspector's Monthly Report for December 1991 and Building Inspector's Annual Report for 1991.

2. Town Clerk's Annual Report for 1991.

3. Annual Report of the Fire District Treasurer.

and be it further

RESOLVED the following reports be and are received and filed:

1. Receiver of Taxes ]

2. Chief of Police ] Annual Reports for 1991

3. Dog Control Officer ]

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

1. Stewart Crosley, 40 Larned Lane - Reminded the Town Board that the construction at the middle School shall go on all year which might cause problems for the 4th of July celebration, such as parking etc.

2. Joseph Ippolito, Southwestern Blvd. - Appeared before the Town Board to complain about his favorite subject "taxes". He feels and knows that the tax rate in Orchard Park is higher than its neighbor West Seneca. It is hard to sell a home just a short way from a contractor in West Seneca when there is a $1,000.00 difference in taxes. He also feels the Town should go on record opposing the State transfer tax.

Supervisor Mill stated Orchard Park has tried to keep the towns part of the tax bill as low as possible and he thanked Joe for coming in.

Councilman Barnas stated the Board has gone on record in opposition to the transfer tax.

3. Desiree Coleman, Editor & Publisher of the Citizen - Stated she believes the sudden withdrawal as the Official Newspaper by the Bee was the result of a show cause order obtained by the Citizen the day before in State Supreme Court.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:54 P.M. EST with a moment of silent prayer for our Servicemen still in the Far East.

Respectfully submitted,

Betty K. Reukauf

Town Clerk