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 1st day of November 1995 at 8:00 P.M., (local time) and the Pledge of Allegiance was rendered.
The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Dennis J. Mill Supervisor
John J. Mills Councilman
Paul D. Barnas Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Marvin Ginsberg Building Inspector
Robert C. Henning Chief of Police
Michael R. Merritt Town Engineer
ABSENT: Ronald A. Geitter Superintendent of Highways
Old Business #1 - Lesco Co., Vacant Land at the Northern End of S. Taylor. Building Permit
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR MILL, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to approve the request for a building permit from Lesco Co., vacant land at the Northern end of South Taylor Road, to construct a 5,000 sq. ft. building, the Planning Board, 10/18/95, recommends approval with the following stipulations:
1) The wall pack fixtures will be a maximum of 100 watts and manufactured by Devoe and will be mounted on the front and sides of the building on Taylor Road as submitted. The flood lights to the rear facing Rt.219 will be a maximum of 250 watt flood lights with an attachable and adjustable shield as submitted by the petitioner.
2) There will be no outside storage.
3) All required fees will be paid prior to the issuance of a Building Permit.
4) Any dumpster on the site will be screened.
Councilman Mills added the following stipulations:
5) Products to be stored in building are not explosive.
6) The property is Zoned Industrial with railroad tracks and the Rt.219 Expressway as borders afford an excellent buffer zone for adjacent residents.
7) The proposed building will be constructed with 8" concrete walls, and 4" concrete floor with steel doors.
8) Product sheets on all items to be warehoused will be provided to our local Fire Department.
9) The Lesco Company has a perfect record of safety and also of excellent housekeeping.
10) There will be no mixing of chemicals in the proposed warehouse.
11) The Lesco Company has also said that they will install a sprinkler system if required by our Fire Department, which would include a retaining area to contain water flow during a fire.
Before the vote was taken, there was discussion among members of the Town Board. Councilman Buyer stated that two weeks ago the petitioner was requested to answer questions regarding the environmental assessment form, specifically: if hazardous materials were involved; lack of appropriate fire fighting equipment; the possible need for evacuation of residents downwind and what that would be involved. Councilman Buyer further stated that a response was received from the legal team of the Contractor doing the building and not from Lesco., and once the contractor is done, he is finished. He felt that those who have the responsibility, should there be an emergency situation, should be brought into the review, such as the Public Safety Committee, Board of Fire Commissioners, Orchard Park Fire Department, HAZMAT Team, Orchard Park and Erie County Disaster Coordinators . Mr. Buyer felt a lot has been left open that needs an explanation.
Councilman Mills commented that we do not scrutinize all companies coming into Orchard Park. Do not single out one particular business, change the ordinance to become more restrictive and include every business that we feel has a negative/detrimental impact on our Fire Department and residents. The main part of Lesco.’s business is fertilizer, which is not explosive.
Councilwoman Ackerman clarified all concerns by referring to the recent event in Oklahoma City. There is no evidence that the same chemicals are/will be present in this project. If we maintain a file on all the records required by law with our Fire Department, and a procedure is in place, what is the tremendous concern.
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.
New Business #1, 2 & 3 - Refer to the Planning Board.
2) 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 refer the requests relating to New Business #1, 2 & 3 to the Planning Board and Conservation Board:
1) Barbara LoCurto, 3508 North Buffalo Street, Orchard Park New York, Zoned R-2. Requesting to rezone her residency from R-2 to B-3.
2) Byrne Dairy, 3711 California Road, Zoned I-1. Requesting a Change In Use from a residence to an office.
3) Byrne Dairy, 3711 California Road, Zoned I-1. Requesting a Building Permit to construct a 42' x 45' dual loading dock covered by a pavilion roof, a 20' x 40' dock level concrete platform and a 20' x 45' truck maintenance building.
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 UNANIMOUSLY ADOPTED.
New Business #4 (Not on the agenda.) - Labor Contract Highway Dept., Salary Increase.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board be and is hereby authorized to direct the Supervisor to execute the Labor Contract that represents the Highway Department and Sewer & Water Department for the years 1995, 1996, 1997 and 1998.
Before the vote was taken, Supervisor Mill quoted the salary increases stated in the Labor Contracts for the following years: 1995 - 3.5% / 1996 - 3.5% / 1997 - 3.75% / 1998 - 4%.
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 UNANIMOUSLY ADOPTED.
New Business #5 - (Not on the agenda.) Amendment to the Project Application for the 1996-1997 Community Development Funds.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, on October 18, 1995, the Town Board authorized the Supervisor to sign the application for the 1996-1997 Community Development Block Grant Funds, in the amount of $ 23,000.00, and
WHEREAS, the Town Engineer received correspondence dated, October 26, 1995, from Rural Transit Service informing the Town of Orchard Park the expenses necessary for the Orchard Park/Aurora van proposed should be $ 34,782.00, funding to be through the 1996-1997 Community Development Block Grant Funds
NOW THEREFORE, be it
RESOLVED, that the Town Board be and is hereby amending the resolution dated, October 18, 1995 and to sign the application for the 1996-1997 Community Development Block Grant Funds for the purchase of a van to be used for the Rural Transit Service in the amount of $ 34,782.00.
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 UNANIMOUSLY ADOPTED.
New Business #6 - (Not on the agenda.) Budget Transfers.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board be and is hereby authorize to approve the transfer of $ 500.00 from: B.3620.413 to: B.3620.400, for the purchase of a Laser Level, as recommended by the Building Inspector.
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 UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
Councilwoman Ackerman stated 62 Municipal Employees contributed to the United Way Collection this year, which gave us a grand total of $ 3,500.00.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, Zambelli Internationale Fireworks Manufacturing Company, Inc., provided a fireworks display in the Town of Orchard Park on July 4, 1995, and
WHEREAS, the services of Zambelli Internationale Fireworks Manufacturing Company, Inc., were satisfactory
NOW, THEREFORE, be it
RESOLVED, that the Town Board be and is hereby authorized to direct the Supervisor to execute an agreement with Zambelli Internationale Fireworks Manufacturing Company, Inc., to provide a fireworks display in the Town of Orchard Park on July 4, 1996 for the sum of $ 4,000.00, as recommended by the Town Attorney.
Before the vote was taken, Supervisor Mill asked Town Attorney Leonard Berkowitz when payment for the 1996 Fireworks Display was due. Town Attorney stated payment for the Fireworks display, in order to receive the 10% discount, was due before the 1st of the year. Mr. Berkowitz also stated, with a new budget going into place on 1st of Jan, issuing a check on the 2nd of January, will be fine.
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 UNANIMOUSLY ADOPTED.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, on October 27, 1995, a final inspection was conducted for the Brompton Woods Subdivision, PIP #240, and found all work completed and acceptable, with the exception of the street lighting, and
WHEREAS, a maintenance bond in the amount of $ 200,000.00 has been submitted as well as a check in the amount of $ 5,333.58 as cash security for the street lighting, and
WHEREAS, all of the required easements and approvals have been received
NOW, THEREFORE, be it
RESOLVED, that the Town Board be and is hereby authorizing the Town Attorney to proceed with the dedication of the Brompton Woods Subdivision, constructed under PIP #240, and the Town Clerk to release the performance security in the amount of $ 40,000.00, as recommended by the Town Engineer.
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 UNANIMOUSLY ADOPTED.
8) 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 direct the Supervisor to sign an agreement with Nussbaumer & Clarke, Inc., 3556 Lake Shore Road, Buffalo New York 14219-1494, to provide design services to complete the design of the proposed Senior Citizens Activities Center, at a cost not to exceed $27,000.00, as recommended by the Town Engineer.
Before the vote was taken, Councilman Buyer asked Town Engineer Michael Merritt if Nussbaumer & Clarke, Inc. are being hired to complete the specifications for bidding. Mr. Merritt stated yes.
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 UNANIMOUSLY ADOPTED.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, soil boring data from the Orchard Park Commerce Center indicates that unsuitable subsoil will be encountered beneath the roadway embankment to be constructed within the designated wetlands, and
WHEREAS, there is a considerable amount of rock at certain depths which will require blasting for construction of the sanitary sewers, and
WHEREAS, the Town of Orchard Park will need the advice of a soils experts to review the site conditions on this project
NOW, THEREFORE, be it
RESOLVED, that the Town Board be and is hereby authorized to direct the Supervisor to sign an agreement with SJB Service Inc., 1951-1 Hamburg Turnpike, Buffalo New York 14218, to provide geotechnical services for the Orchard Park Commerce Center Project on an hourly cost basis, as recommended by the Town Engineer.
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 UNANIMOUSLY 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 approve all entries on Warrant #21, following auditing by members of the Town Board in the funds indicated:
$ 50,171.55 General Fund
$ 3,794.39 Part Town Fund
$ 282,427.98 Highway Fund
$ 47,047.23 Special District Fund
$ 53,775.03 Trust & Agency Fund
$ 163.70 Capital Fund
$ 1,389.75 Risk Retention Fund
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 UNANIMOUSLY ADOPTED.
There being no further business before the Town Board, on motion of Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:28 P.M., (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk